ECONOMY, COMMERCE, AGRICULTURE, FISHERIES

1977 1st Session, 95th Congress

Fishing industry: provide incentive loans (see S. 384), 6351

6351; March 4, 1977; Muskie is shown as cosponsor of S. 384, a Hathaway (D- Maine) bill, the Commercial Fisheries Improvement Fund Act of 1977. This was a slightly modified version of the bill Hathaway had originally introduced in 1976, in the wake of the enactment of the 200 mile fisheries conservation zone, and was designed to provide low-cost long-term loans for fisheries shore facilities and equipment, including vessels, to help the U.S. industry take advantage of under-developed fisheries.

In Deep of Winter the Work Goes On, Jim Saunders, Portland (Maine) Express, 6369

6369; March 4, 1977; Muskie says that even though the winter has been a cold one in the Northeast, construction work in Maine goes on, despite the weather, and produces an article describing the scene.

Public works employment: resolution (S. Res. 106) for consideration of S. 427, additional appropriations, 6917, 6918, 6921

Employment: provisions of S. 427, additional appropriations for youth programs, 6917-6921

Table: Youth employment programs (selected data), 6919, 6920

6917-6921, March 9, 1977; As the Senate takes up S. Res. 106, the budget waiver to permit consideration of the public works bill on the following day, Muskie explains the purpose of the waiver and reason it is necessary under the budget act, among them that it embodies President Carter’s economic stimulus plan and resurrects the waste water treatment funding which lapsed in the previous year because of the inability of the Senate and House to reach agreement on it.

Public works employment: additional appropriations (S. 427), 7121, 7122, 7130, 7164, 7169

Youth: community improvement projects (S. 427), 7121, 7122, 7130, 7164, 7169

Youths; community improvement projects, amend bill to enact (S. 427), 7126

Public works employment: additional appropriations amend bill to enact (S. 427), 7126

Public works employment: additional appropriations (S. 427), 7121, 7122, 7130, 7164, 7169

Water projects: President's impoundment of funds, 7121, 7130

Letter: Impoundment of funds, sundry Senators, 7165

Report: Construction Grant Funds Reallotment (excerpt), Committee on Environment and Public Works, 7165

Table: Public works projects allocation, by States, 7166

7121, 7122; March 10, 1977; During debate on S.427, the Public Works Employment Act of 1977 Muskie joins his colleagues in speaking angrily about the action of President Carter to unilaterally defer construction of 19 water projects under way, including the Dickey-Lincoln project in Maine, for which the Environmental Impact Statement was being composed. President Carter, upon being elected, indicated his intention of drastically reviewing and reorganizing the federal government, from its budgeting procedures to the Civil Service System. In taking on these water projects, without any prior consultation with Members of Congress in the affected states, he unleashed a storm of opposition in the Senate and managed to get his administration off to a rocky start with the Congress.

7130; March 10, 1977; As the debate on the Johnston (D-Louisiana) amendment continues, arguments are made about the need to reappraise some water projects, which make it clear that halting large projects without notice results in confusion and potential waste, and Muskie again asserts that there are clear procedures in law governing the deferral of funds as implicated in this decision, and that the President is obliged to follow those procedures; he does not have the authority to make simple announcements that funds will not be spent for one or another purpose.

7164, 7165; March 10, 1977; In the continuing debate on S. 427, the Public Works Employment Act, Muskie argues for an extended authorization for water pollution construction grants, so that pollution control projects planned and ready to go around the country may get started, and offers assurances that the Clean Water Act will be thoroughly reviewed in the coming year. The funds in the 1972 Clean Water Act were subjected to continuing and lengthy impoundment battles, beginning in the Nixon administration, and the delays these impoundments caused to the entire water pollution control strategy meant that funds which were to be used for primary and secondary water cleanup were in danger of being allocated to lower priority projects, as the authorization for the money neared expiration.

7169; March 10, 1977; In connection with Muskie’s assurances that there will be a thorough review of the Clean Water Act, Huddleston (D-Kentucky) and Tower (R-Texas) seek assurances that the dredge and fill permit program under Sec. 404 of the law will be revised or amended to prevent its applying to normal farming activities, and Muskie says there will be hearings.

Disaster relief, emergency supplemental appropriations (H. J. Res. 269), 7336

7336; March 11, 1977; Muskie speaks briefly about the urgent disaster supplemental appropriation, H. J. Res. 269, whose purpose is to provide $200 million in additional funding to the Federal Disaster Assistance Administration, and notes that it comes within the boundaries of the budget. The disaster in 1977 was triggered by the extreme cold and the energy shortage, which threatened families with the loss of heat for nonpayment of utilities, and a drought in the western states which threatened livestock and crops.

Report: Temporary Authority To Facilitate Emergency Actions for Drought (S. 925), Committee on the Budget, 7584

Drought: resolution (S. Res. 111) for consideration of S. 925, temporary authority to facilitate emergency actions, 7584

7584; March 15, 1977; Muskie explains the need for a waiver of Section 402(a) of the Budget Act in order that a bill dealing with the drought emergency in the western states may be considered prior to May 15. The waiver, S. Res. 111, is passed on a voice vote. The purpose of the Budget Act’s timetable for considering bills was to make sure that unanticipated calls on the Treasury were minimized, and the waiver provision simply allowed exceptions to be made for emergencies, such as in this case.

Emergency Unemployment Compensation Act: 1 year extension (H.R. 4800), 9673, 9675

9673; March 30,1977; During debate on the Emergency Unemployment Compensation Act, H.R. 4800, which is designed to provide for a year’s extension of unemployment compensation to those who have exhausted their regular benefits, a discussion occurs about the House’s intransigence over appointing conferees to the public works bill, passed earlier in the Senate on March 10. Muskie expresses his frustration at this situation along with his colleagues. The sticking point in that bill was the waste water treatment money, which the House was holding up as a means of forcing a re-write of the basic Clean Water Act itself.

9675; March 30, 1977; Muskie urges support and passage of H.R. 4800, a bill that extends the federal supplementary benefits to those unemployed who have exhausted their regular benefits, and points out that with the passage of the third budget resolution for fiscal year 1977, the costs of this bill can be accommodated.

Appropriations: making supplemental for (H.R. 4877), 10114, 10115, 10123, 10124

Table: Congressional budget authority and outlays for 1977, 10124

10114, 10115, 10119, 10120-10122, 10124; April 1, 1977; Muskie urges support for a supplemental appropriation, noting that it includes money for the Low-income Heating Assistance Program, a program which provided for the payment of fuel oil bills or utility costs for persons with incomes of 125% of the poverty level. The winter of 1976-1977 was a particularly cold one in the continental United States, and fuel costs fifty percent higher than the previous year were not uncommon. Some states imposed moratoriums on utility companies shutting off power for unpaid bills, but with the coming of warmer weather, many of those moratoriums were set to expire, with predictable utility shut offs threatened. Muskie provided a staff study done by the Subcommittee on Intergovernmental Relations which documented these conditions.

10124; April 1, 1977; Later in the course of the same debate, Muskie makes a general budgetary assessment of the supplemental appropriation, H.R. 4877, and notes that a number of amendments are expected to be offered which would all drive the cost of the bill higher. He says he will vote only for the $700 million for the western drought aid, and urges his colleagues to do the same.

Agriculture: exempt certain corporations from accrual method of accounting (see S. 1227), 10482

Corporations: exemption from accrual method of accounting for certain (see S. 1227), 10482

10482; April 5, 1977; Muskie is shown as a cosponsor of S. 1227, a McClellan (D-Arkansas) bill to broaden exceptions in the 1976 tax law for small agricultural corporations owned by members of one family. The purpose of requiring accrual accounting in the case of farm corporations was to help curb the use of investments in farms as a way to shield unrelated income from taxes, but the final version of the law affected poultry producers in Arkansas and also one corporation in Maine. The purpose of the bill was to redefine the kinds of small corporations which could continue to use the cash accounting method.

 

Regional Fishery Management Council: expedite filling of vacancy (see S. 1263), 10613

10613; April 6, 1977; Muskie cosponsors S. 1263, a Hathaway (D-Maine) bill to provide for the appointment of a council member to a vacancy on a Regional Fishery Management Commission. A member of the New England Fishery Management Council had died before the end of his term, but the Secretary of Commerce had taken no action to fill the vacancy for five months. The purpose of the bill was to expedite the appointment of a council member to fill out the term of one who unexpectedly left mid-term, and to assure that the appointment would be a resident of the same state as the one who had filled the vacancy.

Agribusiness: accrual method of accounting, 12769-12772

12769-12772; April 28, 1977; Muskie joins the debate over the special exceptions for the required use of accrual accounting by farm corporations, arguing that he is supporting a year’s delay in the effective date of the requirement so that there is time to determine how to correct the anomaly by which the exceptions appear to favor some companies and not others. This provision involved a McClellan (D-Arkansas) bill in the form of an amendment to tax law, and the tax treatment of a Maine poultry producer.

Local Public Works Capital Development and Investment Act: enact (H.R. 11), conference report, 12828

List: Water pollution programs offered by Senate in conference on H.R. 11, 12829

12828; April 28, 1977; Muskie speaks in support of the conference report on H.R. 11, the Local Public Works bill, and explains that in the interests of moving the $4 billion for public works to the states as quickly as possible, he has decided to drop the additional $9 billion in wastewater treatment construction money because the House conferees refused to agree unless he seriously weakened the Clean Water Act. House-Senate conferees met on this public works bill for more than seven weeks, but failed to reach accommodation, and Muskie describes the offers the Senate made and commits to bringing the Clean Water Act to the Senate by summer, because 34 states will run out of money for wastewater treatment grants by September 30.

Economic stimulus appropriations: making for fiscal year ending September 30, 1977 (H.R. 4876), 13092

13092; May 2, 1977; Muskie speaks in support of the economic stimulus bill, H. R. 4876, a supplemental appropriation providing for additional public service jobs through the Comprehensive Employment and Training Act (CETA), along with additional funds for countercyclical aid to state and local governments, and expresses his disappointment that a proposed $50 per taxpayer rebate, which the President initially proposed, has since been withdrawn and is not part of this bill.

NASA: 1978 appropriations for research and development (H.R. 4088), 14677

14677; May 13, 1977; Muskie makes a statement on H.R. 4088, the authorization for the National Aeronautics and Space Administration, describing how the funding levels proposed in the bill relate to the funds allocated for the general science, space and technology function of the overall budget.

Surface mining operations: Federal/State cooperation in regulating (S. 7). 15702

15702; May 20, 1977; Muskie announces he is pairing his vote with Johnston (D-Louisiana), and would be voting yes if he were not withholding his vote, on a Hart (D- Colorado) amendment that would have placed certain farmlands in the West off limits for strip mining. What Muskie announced was what is called a "live pair" on the vote, meaning that he was paired with a vote opposite to the one he intended to cast. He made the announcement: "Mr. President, on this vote I have a live pair with the distinguished Senator from Louisiana (Mr. JOHNSTON). If he were present and voting, he would vote ‘nay.’ If I were permitted to vote, I would vote ‘yea.’ I withhold my vote." Although the practical effect of a live pair is to leave the substantive vote outcome unchanged, live pairs are rarely given, because they are counted as absences, and most Senators are anxious not to increase the percentage of votes they miss in the course of a year.

Small Business Investment Act: extend and increase loan and surety bond guarantee authorities (S. 1442), 15558

15558; May 19,1977; Muskie makes a statement on S. 1442, the authorization for the Small Business Administration, describing its budgetary effects in the context of the overall federal budget and noting some of the changes that have been made in tightening up the bill so that it is easier to control the growth of revolving funds within the Small Business Administration.

Farmers: provide price and income protection (S. 275), 16075, 16289, 16290, 16293, 16295, 16296, 16298-16300, 16307-16313

Farmers: provide price and income protection, amend bill (S275), 16293, 16307

Letter: Budgetary effect of Food and Agriculture Act: exchange with Senator Talmadge, 16293, 16294

Letter: Budgetary effect of Food and Agriculture Act: Secretary Bergland, 16294

Letter: Budgetary effect of Food and Agriculture Act: CBO Director Rivlin, 16295

Letter: Farm income stabilization, Senator Talmadge, 16312

Congressional Budget Process, James L. Rowe, Jr., Washington Post, 16312

16075; May 23, 1977; Muskie notes that the farm bill, S. 275, will cost $1 billion beyond the agreed-upon target amounts for agriculture if it is passed unchanged, and notes that President Carter has already indicated he will veto it unless the overall cost is reduced. Muskie says he intends to offer an amendment to bring the income support rate for wheat down from $2.90 per bushel to $2.65, which would provide farmers an increase over the existing rate and would save $500 million as compared with the Agriculture Committee’s version of the bill.

16289, 16290, May 24, 1977; Muskie and Talmadge (D- Georgia), the floor manager of the bill, briefly discuss the timing of the debate on the Muskie amendment.

16293, 16294, 16295, 16296; May 24, 1977; Muskie offers his amendment to reduce the income support rate for wheat from $2.90 per bushel to $2.65, and notes that because income supports to farmers are an entitlement program, the bill will force additional spending in the years 1979-1982 as well. At the conclusion of his remarks, Senator Curtis (R-Nebraska) inquires whether Muskie intends to offer an amendment to cut funds from the food stamp program.

16298-16300; May 24, 1977; As debate on the farm bill continues, Muskie responds to an argument made by Dole (R-Kansas) to the effect that the size of the agriculture function can be increased in the second budget resolution, and debates his position with McGovern (D- South Dakota), explaining the basis on which estimates of future costs are made. As the Senate winds up debate on the Muskie amendment, Muskie and Dole have a final exchange.

16307-16313; May 24, 1977; Following the rejection of his amendment on a 46-50 vote, Muskie offers another amendment to reduce the 1979-1982 farm bill costs, and engages in further discussion of cost estimates and spending with a number of his colleagues. Muskie noted that between those who wished to spend more on their priorities and those who felt that overall spending was just too high it was becoming difficult to see how a budget process could be made to work. His position throughout this debate was to uphold the spending limits in the budget resolution and the tenor of the debate reflects his frustration.

Maritime Administration: amend appropriations (S. 1019), 16383

Maritime Administration: appropriations (S. 1019), 16384

State maritime academies: increase student cadet subsidy, 16384

16383, 16384; May 25, 1977; Hathaway (D-Maine) offers an amendment to S. 1019, the Maritime Administration bill, to double from $600 to $1200 the stipend for student cadets at State Maritime Academies, with Muskie as a cosponsor. After Hathaway explains the background to his amendment, Muskie speaks as well.

Ports and Waterways Safety Act: amend (S. 682), 16835

Ports and Waterways Safety Act: amend (S. 682), 16836-16841

Imported oil: increase use of U.S.-flag vessels (S 682), 16836-16841

16835, 16836-16841; May 26,1977; As the Senate debates S.682, the Ports and Waterways Safety Act, Muskie notes that certain language in the bill as reported was so broad and not defined that it potentially would have allowed the Secretary of Transportation to control traffic on rivers and streams as well as the shoreline, although it was intended only to give authority to control tanker traffic against the possibility of spills. Muskie offers an amendment to clarify that intention. Muskie and Magnuson (D- Washington), along with others, discuss the jurisdictional dispute that lies at the heart of this dispute, which arose from an earlier effort in this Congress to clarify committees’ jurisdiction.

Public works: construction and repair of certain, over rivers and harbors for navigation and flood control purposes, amend bill to enact (S. 1529; H.R. 5885), 20065, 20085, 20412

Letter: Mississippi River's Locks and Dam 26, by, 20068

20065, 20068; June 21, 1977; Muskie is shown as a cosponsor of a Domenici (R-New Mexico) amendment to the rivers and harbors public works bill, S. 1529, which would authorize the construction of new locks and a dam on the Mississippi, and would also provide for user charges to be paid by shippers on the river. The amendment was an effort to forge a compromise that would result in construction of the locks and Dam 26 on the upper Mississippi, but would also impose a modest fee on users of water transport. Muskie signed the "Dear Colleague" letter about this amendment when he became a cosponsor.

20085; June 21, 1977; When Domenici (R-New Mexico) introduces his amendment for debate on the Senate floor, Muskie’s name appears as a cosponsor. Muskie did not participate in this debate.

20412; June 22, 1977; During debate on this amendment, Senator Nelson speaks in its favor and names Muskie, along with other cosponsors, in the course of his statement. This issue was a source of controversy for about three years: there were concerns that authorizing the construction of new locks would give the Army Corps of Engineers a chance to expand its operations further upstream along the river, the railways argued that they faced unfair competition because waterway users did not have to include any user fees in their charges, and President Clinton had said that he would veto the construction of the new locks at Alton, Ill, unless some form of user fees was added.

Letter: Wheat and feed grain loan levels, John C. White for USDA, 20440

Wheat and feed grains: increase loan levels for 1977 crops (S. Res. 193), 20440

Memorandum: Wheat and Feed Grain Loan Levels, John Giles and Dan Twomey, 20441

20440, 20441; June 22, 1977; When a sense-of-the-Senate resolution, S. Res. 193, urging the Secretary of Agriculture to increase loan levels for wheat and feed grains is called up, Muskie notes that he is opposed to it because it is additional pressure on the administration to spend more on the agriculture function than the overall budget has allocated. He notes that a roll call vote would lose and declines to call for one, but he notes also that the administration has explicitly said it will take no action to raise loan levels that is not required by law.

Department of Transportation and related agencies: appropriations (H.R. 7557), 20560

20560; June 23, 1977; Muskie comments briefly on the budgetary implications of H.R. 7557, the Department of Transportation appropriation, noting that it falls within the amounts allocated for the function in the budget resolution and that he will vote for it.

Conferee on H.R. 5885, construction or repair of certain public works over rivers and harbors, 20863

20863 [Page 20864]; June 24, 1977; Muskie is appointed a conferee on H.R. 5885, a bill authorizing construction, repair and preservation of certain public works on rivers and harbors.

Agriculture and related agencies: appropriations (H.R. 7558), 21461

Table: Agriculture and related agencies appropriations (H.R. 7558), 21462

21461; June 29, 1977; Muskie comments on H.R. 7558, the appropriation for the Department of Agriculture and related agencies and notes that although the farm bill itself threatens the budget ceiling by half a billion dollars, the funding in this bill is within the guidelines for such functions as agriculture research, food stamps and child nutrition and the Farmers’ Home Administration. In budgetary terms, several of these programs fall into such functions as "income support" and "community development" rather than "agriculture," which means that the appropriation bill is within the budget, even though, in broader terms, the farm bill is not.

Farmers: provide price and income protection (S. 275; H.R. 717l), 25111

25111; July 27, 1977; Muskie talks about the farm bill as it has been considered by the House of Representatives and reminds his colleagues that many of those who voted for the Senate version of the bill felt an assurance that the final version, in conference between the Senate and House, would come in with a lower figure, which now seems less than likely. He also expresses some frustration that the earlier presidential threat of a veto has been withdrawn and notes that budget control is the responsibility of both houses, and cannot be left to the administration or to future conference committees.

Food and Agriculture Act (S. 275): increase of agriculture function 350 level, 28178-28186, 28188, 28192

28178-28186; September 8, 1977; During debate on the second budget resolution, Talmadge (D- Georgia) offers an amendment to raise the cost of the agriculture function, 350, from $5.6 billion to $6.3 billion to accommodate the conference agreement reached on the farm bill, which he describes. Muskie responds by pointing out that such increases in spending should be decided by the full Senate, so that the increased deficit is also the work of the full Senate, and that Senators have some responsibility to take the overall budget costs into account, and the debate continues in this predictable manner.

28188, 28192; September 8, 1977; As the debate winds down and the Senate prepares to vote, Muskie sums up his argument, and his colleagues do so as well. The amendment passed 64-27, and, as he had predicted, the majority of his Budget Committee colleagues voted in favor of it.

Franchisors/franchisees: protect against overreaching, unjust enrichment, and unjustifiable termination (see S. 2135), 30653

30653; Muskie is shown as a cosponsor of a McIntyre (D- New Hampshire) bill, S. 2135, to provide certain standards for termination of a franchise relationship. During the 1970s, the growth of franchises accelerated, as more small businesses became aware of the benefits of operating under a known trade name and as television increasingly created nationally known brands. At the same time, because the franchise relationship did not in all cases conform to established business contracting practices, small franchise operators were at risk of losing their brand name largely at the whim of the franchise owner. This bill sought to set standards for terminating a franchise agreement or failure to renew a franchise agreement.

District of Columbia: appropriations (H.R. 9005), 32318-32321, 32323, 32324

SBA disaster loan fund: additional capital, 32318-32321, 32323, 32324

Letter: SBA disaster loan program, by, 32320

32318-32321, 32323, 32324; October 4, 1977; Muskie describes how seemingly minor changes in the Small Business Administration’s disaster loan program have created a massive new spending demand in the form of low-income loans for farm disasters, which has raised the cost of the SBA program from an estimated $115 million in Fiscal Year 1978, to $1.4 billion to January 1, 1978, as the Senate considers an amendment to a supplemental appropriation in that amount.

Agricultural products: exempt certain disaster payments from payment limitations (H.R. 9090), 34870, 34872

Disasters: agricultural payments, 34870, 34872

Letter: Exempt disaster crop payments from payment limitations, by, 34872

34870; October 25, 1977; During the debate on H.R. 9090, a bill designed to eliminate a $20,000 limitation on disaster payments to farmers, Muskie reminds his colleagues of the massive increase in farm-related spending that has already occurred in 1977, and to which this bill would further contribute.

ENERGY

1977 1st Session, 95th Congress

Oil Tanker Incidents, by, 1284

1284; January 14, 1977; Muskie reproduces his testimony before the Judiciary Committee’s Administrative Practices Subcommittee following the sinking of the Argo Merchant oil tanker 28 miles off Nantucket on December 21, 1976, with the loss of its entire oil cargo, 27,000 tons. At the time, this was the largest spill in the country’s history, and its location close to the Georges’ Bank fishery was a potential threat to both Maine and Massachusetts fishing industry.

Energy Conservation Month: designating (see S. J. Res. 13), 1941

1941; January 24, 1977; Muskie is listed as one of 27 cosponsors of S. J. Res. 13, a Randolph (D- West Virginia) resolution establishing an Energy Conservation Month, in part as an endorsement of the newly inaugurated President Carter’s directive to draw up energy conservation plans and programs. This was similar to a resolution Randolph sponsored in 1975.

Solar energy: GSA procurement of devices for Federal buildings (see S. 672), 4169

4169; February 10, 1977; Muskie is shown as a cosponsor of S. 672, a Humphrey (D-Minnesota) bill requiring General Services Administration to procure and use solar energy devices in government buildings. The bill followed on from a pilot program begun two years earlier, and constituted a 6-year authorization for the installation of solar space and water heating technology in government buildings as well as the introduction of photovoltaic technology for a small electrical power supply. It was intended to provide a market and an example to the rapid development of solar technologies.

Solar energy: prohibit State and local construction which interferes with sunlight (see S. 985), 7293

7293; March 11, 1977; Muskie is shown as a cosponsor of S. 985, the Solar Air Rights Act, a Humphrey (D- Minnesota) bill designed to ensure that local zoning bodies do not permit the erection of buildings or other facilities that would have the effect of blocking lateral sunlight to a solar energy device. Because lateral light is particularly important for solar power users in more northern latitudes, Humphrey considered it important to ensure access to it.

Appropriations: making supplemental for (H.R. 4877), 10114, 10115, 10123, 10124

Table: Congressional budget authority and outlays for 1977, 10124

List: Community Services Administration's division of funds among States, 10114, 10115

Telegram: Community Services Administration funds (sundry), 10115

Letter: Community Services Administration funds (sundry), 10115-10120

Survey: Fuel Bills and Fuel Cut-Offs of Winter, Subcommittee on Intergovernmental Relations, 10119

Table: Fuel bills and cut-offs of winter according to States, Subcommittee on Intergovernmental Relations, 10120-10122

10114, 10115, 10119, 10120-10122, 10124; April 1, 1977; Muskie urges support for a supplemental appropriation, noting that it includes money for the Low-income Heating Assistance Program, a program which provided for the payment of fuel oil bills or utility costs for persons with incomes of 125% of the poverty level. The winter of 1976-1977 was a particularly cold one in the continental United States, and fuel costs fifty percent higher than the previous year were not uncommon. Some states imposed moratoriums on utility companies shutting off power for unpaid bills, but with the coming of warmer weather, many of those moratoriums were set to expire, with predictable utility shut offs threatened. Muskie provided a staff study done by the Subcommittee on Intergovernmental Relations which documented these conditions.

10124; April 1, 1977; Later in the course of the same debate, Muskie makes a general budgetary assessment of the supplemental appropriation, H.R. 4877, and notes that a number of amendments are expected to be offered which would all drive the cost of the bill higher. He says he will vote only for the $700 million for the western drought aid, and urges his colleagues to do the same.

Department of Energy: establish (S. 826), 15313, 15314

15313, 15314; During the Senate consideration of S. 826, a bill establishing a new Energy Department, Muskie has an exchange with Ribicoff (D- Connecticut) and Roth (R-Delaware) to reaffirm the importance of the new Department of Energy developing its programs in conjunction with state and local officials.

Conferee on S. 826, to establish a Department of Energy, 18146

18146; June 9, 1977; Muskie is named as one of the conferees with the House on S. 826, a bill creating a new Department of Energy.

Maine Covered With Tall Solar Energy Collectors, Lester A. DeCoster, Bangor (Maine) News, 18447

18447; June 10, 1977; Muskie notes that a recent article discusses the energy potential of wood, and has it reproduced. At this period, the massive price increases in energy costs led to a much more concentrated focus on developing more efficient and cleaner-burning wood fuel stoves, as well as much more focus on the amount of energy needed to produce basic products.

ERDA: appropriations for nonnuclear programs (S. 1340), 18731

18731; June 13, 1977; Muskie makes a brief comment on the funding levels authorized for the Energy Research and Development Administration’s non-nuclear programs, and notes that it is not the function of the Budget Committee to dictate how much funding should be directed to solar versus other forms of energy research.

Public works for water and power development and energy research: appropriations (H.R. 7553), 21856

21856; June 30, 1977; Muskie comments on the public works and energy research appropriation, H.R. 7553, noting that the bill is within budgetary guidelines for water projects and military and civilian research.

Outer Continental Shelf: policy for management of oil and natural gas, amend bill (S. 9), 23262

23262; July 15, 1977; Jackson (D-Washington) offers two amendments to the bill establishing policy for the management of oil and natural gas transportation in the Outer Continent Shelf; the first one lifts all liability limits where an oil spill is the results of gross negligence or wilful misconduct by the owner or operator of the vessel, and the second clarifies that the liability for vessels does not differ as between an offshore oil facility and the navigable waters of the United States. Both amendments are adopted by a voice vote, and Muskie is shown as a cosponsor of both amendments, but does not speak.

Natural Gas and Petroleum Conservation and Coal Utilization Policy Act: amend bill to enact (S. 977), 28243, 28244

Natural Gas and Petroleum Conservation and Coal Utilization Policy Act: enact (S. 977), 28244, 28254

Electric powerplants; coal burning capability (S. 977), 28244, 28254

Energy funding (function 300): ceiling, 28254

Table: Expected requests for additional budget authority in function 300 (energy funding), 28255

28243, 28244; September 8, 1977; Muskie speaks on two amendments he is offering to S. 977, a bill providing the authority to deal with energy emergencies, to conform the bill to the newly-enacted Clean Air Act Amendments. The first amendment, No. 771, specifies that if a suspension of the emissions standards is required by an interruption to the energy source, the form and duration of the suspension must be declared in conformity with the provisions of the Clean Air Act. The second amendment, No. 772, clarifies that if a locality has stricter clean air emission standards than the federal law, the provisions of this bill would supercede those standards.

28254, 28255; September 8, 1977; Muskie notes that although the budget authority provided in the bill, S. 977, is below the ceiling established by the second budget resolution, there is not unlimited room for additional program authority to be added, in light of known energy spending requirements that will be considered later, so although the overall energy function is adequately funded, and allows for growth, it cannot accommodate all potential programs.

28254, 28255

Natural gas: comprehensive policy (S. 2104), keyed amendment inquiry, 31591

Natural gas: deregulation (S. 2104), 31591, 31592, 31859, 31862, 31867-31869, 31916, 32301, 32302

Natural gas: comprehensive policy (S. 2104), 31591, 31592, 31859, 31862, 31867-31869, 31916, 32301, 32302

Natural gas: comprehensive policy (S. 2104), dilatory amendments, 31859

Natural gas: comprehensive policy (S. 2104), Robert C. Byrd point of order on dilatory amendments, 31916, 31917, 31923

Letter: Amendments to natural gas deregulation bill, Senator Stevens, 31923

Natural gas: comprehensive policy (S. 2104), debate procedure, 31923, 31929

31591, 31592; September 29, 1977; During the debate on S. 2104, a bill to deregulate the price of natural gas and to establish a comprehensive policy for natural gas, a filibuster was undertaken, primarily by Metzenbaum (D- Ohio) in protest against the entire concept of price deregulation. In this period, with all energy prices soaring and imposing substantial hardships on the low income and those on small fixed incomes, the extent of suspicion of the energy companies’ motives was unbridled, and the opposition to what were seen as further government-enabled price hikes was enormous. From a broader perspective, the entire federal and state regulatory regime for energy and utilities was in transition, fueling violent disagreement over the direction to take. In this context, the Metzenbaum post-cloture filibuster-within-a-filibuster was an original technique of using the Senate’s own rules to frustrate and delay substantive debate and votes on the core underlying issue: natural gas pricing policy. Instead, the debate actually devolved into an extensive and long-winded argument over Senate rules, as this Muskie statement illustrates.

31859; October 1, 1977; In the continuing filibuster on the natural gas policy bill, Long (D-Louisiana) announces he will seek a ruling from the chair that any additional amendments be ruled out of order as dilatory, a proposition to which Muskie objects.

31862; October 1, 1977; In the continued debate over the meaning of Senate rules which are intended to minimize dilatory motions, Muskie makes the argument that in the process of numerous rulings by the chair, precedents are being established which could culminate with the Senate not being able to make the determination of what the rules mean.

31867-31869; October 1, 1977; Continuing from the point he raised about the power of the presiding officer to create precedents in the Senate rules, Muskie asks for and obtains a short period of debate before his contention is voted upon.

31916, 31917; October 3, 1977; As the stalemate over the natural gas bill continues, the Majority Leader, Byrd (D- West Virginia) makes the point that since cloture was invoked over an amendment in the nature of a substitute, no amendments to the underlying bill can be in order, and that only if the substitute is voted down can the underlying bill be further amended. In the short debate that follows, Muskie clarifies if this is the means by which the vote upholding the right to appeal the ruling of the chair is to be negated. In this session, the Vice President was occupying the chair as presiding officer, a circumstance which generally suggests that a very close vote may be anticipated.

31923; October 3, 1977; Following a testy exchange between various Senators and the Vice President, Stevens (R-Alaska) sought to recall several amendment he had at the desk on the grounds that he did not intend to call them up and wanted to make sure no one else could use them for further delay by calling them up, and the debate turned on whether the personal privilege of recalling an amendment already filed could be permitted, with Muskie making the case that if they could, all debate could simply be cut off a day after cloture was voted, giving no time for further debate.

31929; October 3, 1977; As the process of rolling up the filibuster-by-rule continues, Muskie makes the observation that changes to the Senate rules are now being made in this one debate which will be applicable to future debates in which proponents might well be on the losing side.

32301, 32302; October 4 1977; As the natural gas pricing debate finally winds down, Muskie makes a statement setting forth his own view, that gas producers have already enjoyed very healthy profits and should not need any further "incentive" to produce more gas under the circumstances.

Public Utility Regulatory Policy Act: amend bill to enact (S. 2114), 32682

Older persons: lower utility rates, 32683

Table: Federal assistance for utility costs, by regions and States, 32684, 32685

Public Utility Regulatory Policy Act: enact (S. 2114), 32684-32686

Energy conservation: Federal action to encourage efficiency (S. 2114), 32684-32686

32682, 32683, 32684-32686; October 6, 1977; During debate on S. 2114, the Public Utility Regulatory Policy Act, Muskie engages in debate with his colleagues over amendments to provide so-called "lifeline" rates to the elderly, and proposals to create a means test for such lifeline rates. The debate reflected the still-unsettled question of how assistance should be provided to the low income to compensate for skyrocketing utilities rates.

Long-term energy policy: development, 32957

Federal Energy Administration: winter energy emergency plan, 32957

Committee on Governmental Affairs: hearings on preparedness for the upcoming winter, 32957

Energy emergencies: preparation for this winter, 32957

32957; October 7, 1977; As the Senate debates long term energy policy and programs, Muskie notes that what has been overlooked is the danger of another colder-than-average winter and its impact on the economy and the public if no preparations are made in advance. He says the forecast of a colder winter, although not quite as cold as the winter of 1976-1977 means that within two months, predicted shortages of natural gas will begin to affect jobs, and notes that although the administration has prepared a preliminary plan to respond to such an emergency, many elements of that plan are either not in place or have not yet begun to be implemented.

Nashville, Tenn.: hearing on status of Federal and State preparedness for winter 1977-78, 33379

Winter preparedness: Nashville hearing on Federal and State status, 33379

33379; October 12, 1977; Muskie says that his Intergovernmental Relations Subcommittee will hold hearings in Tennessee on the issue of winter preparedness, because Tennessee might be more affected by natural gas shortages in the forthcoming winter than any other states, and that the hearing will be chaired by Senator Sasser (D-Tennessee).

Maine: Dickey-Lincoln School hydroelectric project, 34636

Dickey-Lincoln hydroelectric project: public comment phase of review, 34636

Interview: Dickey-Lincoln School hydroelectric project, with Richard Hill (Maine Public Broadcasting Network), 34637

34636; October 20, 1977; Muskie notes that the public comment phase of the Dickey-Lincoln power project is now beginning, and makes a statement summarizing the history of the project and its advantages for the Northern New England region and for the state of Maine, arguing that it is the best alternative for the region in face of rising energy prices.

Dickey-Lincoln School Hydroelectric Project: by, 34642

34642; October 20, 1977; Muskie reproduces his testimony in Fort Kent and that of Senator Hathaway (D-Maine) in favor of the Dickey-Lincoln power project and argues that opposition to it is focused entirely on its negatives and not at all on the alternative to not having a regional non-polluting power source, or the positive effects on the region in terms of economics and jobs.

Energy Production and Conservation Tax Incentive Act, by, 34899

34899; October 25, 1977; In October, Muskie was hospitalized for back surgery, and as a result, his colleagues inserted statements prepared by staff that reflected action he would have taken on various matters. In this instance, Muskie’s statement castigates the Committee on Commerce for its effort to bypass the budget control process by writing tax cuts whose effective dates could be adjusted by the administration in order to avoid the point of order that would otherwise lie against them for reducing revenues beyond the amounts in the second concurrent budget resolution, which is binding upon the Congress. The point of order provision was the disciplinary element of the second resolution, because it required an explicit up-and-down vote to break the budget ceiling, a vote that few members liked to cast. In terms of policy, Muskie’s statement makes the observation that was perennially made during the years of energy price hikes and shortages, that rewarding conservation efforts with tax benefits needlessly extended benefits for actions that would have resulted from higher prices in any event.

Resolutions by organizations: Dickey-Lincoln hydroelectric power project, Maine AFL-CIO, 35594

35594; October 27, 1977; Muskie notes that the Maine AFL-CIO has endorsed the Dickey-Lincoln project at its annual convention, and provides the resolution expressing that support.

Dickey-Lincoln School Hydroelectric Project: Senator Hathaway, 35597

35597; October 27, 1977; Muskie notes that debate on the Dickey-Lincoln project has been growing in Maine, and that his colleague, Hathaway (D-Maine) testified at the second hearing, held in Augusta, in favor of the project.

Energy Production and Conservation Act, by, 36085

36085; October 31, 1977; Cranston (D-California) provides Muskie’s statement on the Energy Production and Conservation Act, H.R. 5213, in which Muskie says that although the measure has been improved, it still reduces revenues beyond what the budget resolution permits, and gives the Treasury Department authority to shift the effective dates of tax incentives so as to artificially shift the revenue losses into the following fiscal year, and that he would vote against it if he were present.

Supplemental Appropriations, by, 36189

36189; November 1, 1977; In Muskie’s absence, Bellmon (R-Oklahoma) gives a rundown on the supplemental appropriations bill and the budget, and includes the text of a statement by Muskie as well.

Special Crisis Intervention Program, by, 36191

36191; November 1, 1977; Magnuson (D- Washington) provides the text of Muskie’s speech about the low-income energy assistance program, which describes how the previous winter’s experience in setting up the program has been used to improve its timing and targeting for the coming winter. Muskie was hospitalized during this debate and could not be present.

Emergency Natural Gas Act of 1977: extend (see S. 2355), 39248

39248; December 15, 1977; Muskie is shown as a cosponsor of S. 2355, a Glenn (D- Ohio) bill that provides for a short term reinstatement of the President’s authority to allocate gas from interstate pipelines to areas experiencing an emergency shortage. This bill was a stopgap measure to tide the Congress over the Christmas break; it extended allocation authority to the President only through February 15 of 1978; Congress was expected to resume session on January 19, 1978. The bill was considered under a unanimous consent agreement in light of the fact that the Congress was about to recess and although the weather forecast was for a relatively mild winter, some sections of the country had begun to experience more severe conditions, and there was fear that the spot shortages of natural gas which occurred in the winter of 1976-1977 could recur.

Kennebec River, Maine: EPA's Caratunk pumped storage alternative, 39314

Environmentalism and the Leisure Class, William Tucker, Harper's magazine, 39314-39323

Dickey-Lincoln hydroelectric project: EPA's Kennebec River pumped storage alternative, 39314

39314; December 15, 1977; Muskie talks about what he sees as a false claim against the Dickey-Lincoln project, which is that pumped-storage facilities, such as one on the Kennebec River, could replicate the benefits of the Dickey-Lincoln project, and as such, that the Kennebec River installation demands more study. He makes the argument that for a pumped storage facility to be valuable at that location would require a base-loading facility that would have to be fueled by oil or coal, negating the environmental benefits of clean water power, and that the federal government has not historically been in the business of providing pumped-storage facilities for private utility companies. The accompanying story of the Storm King pumped storage proposal on the Hudson River illustrates the fate of one such effort in the prior decade. At this time, various arguments for and against the Dickey-Lincoln project seemed to be tipping toward rejection of Dickey, particularly in the news media, and this was another effort by Muskie to maintain some balance in the debate.

ENVIRONMENT, PARKS, HISTORIC PRESERVATION, WILDLIFE

1977 1st Session, 95th Congress

Federal Water Pollution Control Act: amend (see S. 57, 1952), 477, 25397

477; January 10, 1977; Notice only of Muskie’s introduction of S. 57, a bill to amend the Federal Water Pollution Control Act.

25397; July 28, 1977; Notice only of Muskie’s introduction of S. 1952, as an original bill to amend the federal Water Pollution Control Act. An "original" bill in this context means one that was written by the Environment and Public Works Committee, and includes contributions from the full committee membership, rather than being the product of one Senator’s efforts. Muskie made an effort throughout his career to emphasize that the committee’s bills has broad bipartisan support.

Oil pollution: establish legal regime governing liability for damages (see S. 121), 478

478; January 10, 1977; Muskie is listed as a primary sponsor of a Biden (D- Delaware) bill, S. 121, which aimed to establish a comprehensive legal regime to govern oil spills from different sources and to replace the piecemeal laws in effect. Despite the worldwide concern generated by the Torrey Canyon spill in 1967, which affected both Great Britain and France, the process of codifying a systematic response that would incorporate liability issues lagged. This bill was an attempt to speed the process of creating a uniform federal law.

Federal Water Pollution Control: construction grant funds (S. 57), 594

Text: S. 57, Water Pollution Control Act Amendments, 594

List: Water pollution: States which may run out of funds, 595

594, 595; January 10, 1977; Noting that the previous year’s water pollution bill died in a conference committee, Muskie re-introduces the Federal Water Pollution Control Act to make sure that states depending on wastewater treatment construction grants can be assured that the federal funds will be forthcoming. This bill was a basic two year extension of the funding provisions of the law, and was intended to sustain state construction activity without disruption, pending a later and more thorough review of related issues.

Announcement: Maine Architecture Featured in Octagon Exhibit, 722

Maine: architectural heritage, 722

722; January 10, 1977; Muskie notes that the Octagon, the Museum of the American Architectural Foundation, is hosting an exhibit that focuses on Maine’s local forms of architecture created by Colby College, and encourages his colleagues to visit and view the exhibit.

Clean Air Act: amend (see S. 251-253), 1155

1155; January 14, 1977; Notice only of Muskie’s introduction of three bills to amend the Clean Air Act, S. 251, S. 252 and S. 253.

Clean Air Act: amend (S. 251-253), 1192

Letter: Clean Air Act, by, 1192

1192; January 14, 1977; Muskie makes a statement about the three clean air bills he is introducing, S. 251, S. 252, and S. 253. Noting that he has been asked to move on clean air in the wake of the 1976 filibuster that prevented the enactment of clean air amendments, he describes the bills he is introducing as working documents, intended to take up where the Senate left off the previous year. One of the bills is identical to the bill the Senate passed in the previous Congress, one is the same as the conference version of that bill, and one is a bill to extend clean air authorities and modify the nitrogen oxide emissions standard.

Committee on Public Works: notice of hearings, 3547

List: Witness on Clear Air Act Amendment hearings, 3547

3547; February 3, 1977; Muskie announces hearings on clean air legislation for February 9, 10 and 11, and provides a witness list of those who have asked to testify.

Maine: tribute to Medomak Valley Students, Waldoboro, 4333

Keep on Tracking, Doris Laber, Soil Conservation, 4333

4333; February 10, 1977; Muskie describes an article about students at Medomak High School in Maine, who worked with the Soil Conservation Service to provide a tiled drain line to their school sports grounds so the area would be usable in the spring.

National Commission on Water Quality: study, 5751

National Commission on Water Quality Report: How Will Congress Cope? Soil and Water Conservation (journal), 5752

5751, 5752; March 1, 1977; Muskie mentions an article about the report of the National Commission on Water Quality, which mirrors the position taken by the House over the 1972 Clean Water Act, in its willingness to suspend and delay deadlines, and to back away from the goal of regulating all discharges into water on a national basis.

Marine pollution control: 200-mile zone (see S. 885, 886), 6065

6065; March 3, 1977; Notice only of Muskie’s introduction of S. 885 and S. 886, two bills to establish a 200-mile zone for marine pollution by amending the Federal Water Pollution Control Act, and the Ports and Waterways Safety Act, the latter of which would be referred to the Commerce Committee.

 

Marine pollution control: 200-mile zone (S. 885, 886), 6077

Analysis: 200-mile marine pollution control zone (S. 885, 886), 6078

6077, 6078; March 3, 1977; Muskie makes his introductory statement on S. 885 and S. 886, bills designed to opening remarks on introducing his two marine pollution bills. The purpose of the legislation was to establish a 200-mile pollution control zone, giving the Environmental Protection Administration the right to set standards for sewage discharge and liability for oil and hazardous substance spills, and giving the Secretary of Transportation the right to regulate the construction, operation and maintenance of shipping which utilizes that 200 mile zone.

Letter: Water pollution control program funds, 13 Senators, 7731

7731; March 16, 1977; During a House debate on a jobs bill that includes water pollution control funding for the states, Congressman Meyner (D- New Jersey) expresses regret that the House leadership has decided to dramatically cut the $4.5 billion in the bill for wastewater treatment in order to force the Senate to undertake a thorough review of the underlying 1972 clean water legislation, and includes a letter signed by Muskie and other Senators urging the full funding of the program to protect states which are in danger of exhausting their wastewater treatment funds.

Water pollution control: Supreme Court decision in Du Pont de Nemours vs. Train, 8274

Court decision: E. I. Du Pont de Nemours vs. Train (EPA), 8274

8274; March 21, 1977; Muskie cites a Supreme Court ruling in E.I. Du Pont de Nemours v. Train on the Clean Water Act, which reaffirms the intent of Congress to establish nationally uniform discharge standards for effluent control, and upheld the right of the Environmental Protection Administration to refuse to issue variances in its new source performance standards. Since passage of the 1972, a series of federal court cases had challenged the law and the manner in which EPA applied the law, and to a substantial extent, this ruling put an end to a series of such challenges.

Sewage treatment: construction grants, 10123

10123; April 1, 1977; Muskie notes that the Senate Appropriations Committee has provided the full $4.5 billion for waste water treatment construction grants, expresses his support for this action, and urges that in conference with the House, which was proposing only $500 million, the Senate hold to its figure. This supplemental appropriation, H.R. 4877, was one of the vehicles the House used to try to force concessions from Muskie on the extension of the clean water laws.

Appropriations: making supplemental for 1977 (H.R. 4877) conference report, 11868

Water pollution: reduction of EPA construction grants, 11868

Muddying the Clean-Water Law, New York Times, 11868

11868; [begins 11867]; April 22, 1977; Muskie expresses his disappointment that the conference report on the supplemental, H.R. 4877, provides only $1 billion of the $4.5 billion total backlog in waste water treatment construction grants, and says that since the conference bill is less than the Senate’s version of the bill, it will fit within the third budget resolution for 1977.

Water Pollution, Senator Culver, Association of Metropolitan Sewerage Agencies, Washington, D.C., 12011

12011; April 25, 1977; Muskie commends a speech by Culver (D- Iowa) in which he discusses the future outlook for water resources, and the budgetary difficulties in providing as much long range funding for waste water treatment as is needed and would allow cities and states to plan ahead.

Report: Committee on Environment and Public Works, 14149, 25397

14149; May 10, 1977; Notice that Muskie reports out S.252, a bill to amend the Clean Air Act, Report 95-127.

25397; July 28, 1977; Notice that Muskie reports out S. 1952, an original bill to amend the Federal Water Pollution Control Act, Report 95-370.

Auto industry: emission standards, 16541, 18026-18038, 18126, 18185

Factsheets: Auto Emission Standards, 16542

16541; 16542; May 23, 1977; Muskie says the auto emissions standards accepted by the Environment and Public Works Committee are both achievable and necessary for public health, and provides a fact sheet to compare and contrast them with an alternative proposed by Riegle (D-Michigan) and Griffin (R-Michigan).

Clean Air Act: nondegradation provision (allegations and facts), 17590-17594

17590; June 6, 1977; As the Senate prepares to take up the amendments to the Clean Air Act later in the month, Muskie provides a fact sheet on the nondegradation provisions in the proposed law, and notes that although efforts to weaken them were rejected two-to-one by the Senate in 1976, new attacks on the issue will be forthcoming when the debate gets under way.

Analysis: Riegle-Griffin Rebuttal to Senator Muskie's Auto Emission Factsheet, 17774

17774; June 7, 1977; In response to Muskie’s fact sheet on emissions, Riegle (D-Michigan) supplies his version of a fact sheet, claiming errors and weaknesses in the Muskie document, and asserting that the amendments he proposes make minimal, unimportant changes in the standards.

Clean Air Act: amend (S. 252; H.R. 6161), 18014-18039, 18043, 18047, 18053-18056, 18059, 18061-18064, 18068, 18070, 18076, 18077, 18125-18134, 18146, 18146-18150, 18152-18154. 18157, 18159-18161, 18165, 18168, 18182, 18185, 18460-18465. 18468, 18472-18475, 18476-18480, 18495, 18496, 18498-18500, 18502, 18503, 18506-18509, 18513, 18514

Clean Air Act, Carl Bagge for National Coal Association (excerpt), 18020

Japan: development of auto emission standards, 18028

Letter: Auto emission standards: Tornio Kubo, for Mitsubishi Motors Corp., 18028

Auto industry: rebuttal of Griffin/Riegle amendments on emission standards, 18029-18032

Table: Automobile fuel consumption (selected data), 18030

Table: Emission standards impact on price of automobiles, 18031

Methylcyclopentadienyl manganese tricarbonyl (MMT); controversial use with gasoline, 18035

Table: Auto emission standards (selected data), 18035-18038

Clean Air Act: amend (S. 252; H.R. 6161), 18039, 18183, 18500

Colloquies: Clean Air Act, with Senator Cannon, 18046

American Motor Corp.: compliance in meeting emission standards, 18126

Letter: Significant deterioration of air quality: Roger Strelow for EPA, 18153

Table: Significant air quality deterioration (selected data), 18154

Air quality nondegradation provision, by, 18155

Letter: Auto emission standards: President Carter, 18161

Study: Clean Air Act-Implication of 18-Day (5%) PSD Variance Provision, EPA, 18162

Letter: Significant deterioration of air quality: EPA Administrator Costle, 18162

Letter: Auto emission standards: Secretary Adams and Administrators Costle and O'Leary, 18164

Letter: Significant deterioration of air quality: Secretary Andrus, 18164

Factsheets: Rebuttal to Senator Garn's Statement on Clean Air Act-No Good for Energy, 18165

Clean Air Act: amend (S. . 252; H.R. 6161), debate procedure, 18465

Auto emissions: presale testing proposal, 18502, 18503

Clean Air Act: amend (S. 252; H.R. 6161), 18514

18014-18039, June 8, 1977; Muskie opens the debate on the Clean Air Act Amendments of 1977, saying he will oppose any effort to selectively take sections out of the bill, and pointing out that even in optimum circumstances, economic growth will mean that air pollution loads will increase overall in the years ahead, so controls and limits on existing sources of pollution are vitally important. Muskie’s statement is lengthy and exhaustive, covering issues of State standard setting, the auto industry’s intransigence, and related background on the progress of the clean air effort since the 1970 bill was enacted. By the time the Senate began to debate the clean air legislation, the auto industry had done its best to establish a more receptive mood towards its arguments for further delay in emissions and fuel economy deadlines, and some were adopted by the Environment and Public Works Committee in developing the bill. At the close of his remarks, he asks and receives unanimous consent for the adoption of a technical amendment.

18043; June 8, 1977; As the debate proceeds, with Senators making their opening statements, Garn (R-Utah) who led the filibuster against the bill in 1976 begins his remarks by saying he does not intend to delay action, although he does anticipate offering some amendments which, he says, will not affect primary and secondary health standards. Muskie responds with his critique of this argument, which is that no one objects to the health standards, they just want to change the regulations in ways that assure those standards will never be reached.

18046, 18047; June 8, 1977; Muskie engages in a colloquy with Cannon (D-Nevada) over an amendment to provide a very narrow exception to the clean air bill’s requirement that pollution controls be continuous, not intermittent, which will keep a small copper smelter in Nevada working for another potential ten years, an amendment that Muskie accepts.

18053-18056; June 8, 1977; Muskie engages in debate with Hart (D-Colorado), Hatch (R-Utah) and Riegle (D-Michigan) over the Hart amendment, which would establish the emission standard for nitrogen oxide at 0.4 gm. per mile in 1983, in place of the committee’s proposal of 1.0 gm. per mile. Hart’s argument is that the 0.4 gm. standard was in the 1970 law, Hatch’s argument is that a direct causal connection between human health and nitrogen oxides has not been established and Riegle’s argument is that if the Hart standard is a good one, why didn’t the committee accept it, a kind of argumentation that rarely sounds as clever as its author presumably believes.

18059, 18061-18064; June 8, 1977; Riegle (D-Michigan) continues to argue against the Hart amendment to lower nitrogen oxide emissions levels to 0.4 gm per mile, and Muskie argues that in all the years he has been working on air pollution issues, the auto industry has never once initiated a positive response to develop the technology to reach emission goals or fuel economy goals, and that instead, every concession they wring brings new demands for further delays.

18068, 18070; June 8, 1977; As Griffin (R-Michigan) argues against the Hart amendment on nitrogen oxide emissions, Muskie defends the structure of the proposal and points out that it has not been rejected by the Environment Committee, but simply not considered. Muskie had already noted that he regretted backing down on the nitrogen oxide emission standard too early, because it encouraged the auto companies to believe they could obtain further concessions.

18076, 18077; June 8, 1977; Muskie says he has discussed the Nelson (D-Wisconsin) amendment and is able to accept it. The Nelson amendment allowed the American Motors Corporation an additional two year delay in meeting the nitrogen oxide standard because, as the smallest of what were then called "the big three" auto companies, American did not have the resources to develop its own technology and was forced to adapt technology developed by others. At this time, American had about 18 percent of the auto market.

18125-18134; June 9, 1977; Griffin (R-Michigan) offers an amendment to the Nelson (D- Wisconsin) amendment, which provides for a delay in emission standards for nitrogen oxides for a manufacturer of 300,000 or fewer autos which does not make its own emissions technology, and in his perfecting amendment, seeks to limit this potential delay only to domestically-manufactured autos and to expand its target to all emission standards, not just nitrogen oxides.

 

18130-18134; June 9, 1977; Garn (R-Utah) offers an amendment affecting the 6000 acre exemption for National Parks in which certain nondegradation criteria would not apply, arguing that for a state like his, in which large tracts are owned by the federal government and which is subject to climate inversions, there should also be some flexibility in the application of nondegradation requirements.

18146; June 9, 1977; Muskie engages in brief colloquies with Stevens (R-Alaska) and McClure (R-Idaho) as to what is meant by "national parks" in the bill and whether the committee intends the bill to have the same meaning as it had last year with respect to "major emitting facilities."

18146-18150; June 9, 1977; Muskie debates Johnston (D-Louisiana) over the issue of whether it will be possible for power plants using coal to locate in nondegradation areas and whether or not it will be possible to shift the country to a greater reliance on coal under the law.

18152-18154; June 9, 1977; Muskie argues that Senators are making statements about possible future problems stemming from the clean air law, rather than dealing with the bill before them, and says he cannot argue about what has not happened yet.

18157, 18159-18161, 18165; June 9, 1977; In continuing the debate on the Stevens (R-Alaska) amendment, Cranston (D-California) clarifies that the bill as reported would allow for flexibility, even in clean air areas, for the siting of large emission sources, and Muskie and Stevens debate at cross purposes what the Class I clean air provisions mean.

18168; June 9, 1977; As the Senate winds down the debate on the Stevens amendment, Muskie confirms for Bumpers (D-Arkansas) that the Senate clean air bill does not mandate the universal installation of scrubbers in coal fired power plants, but specifies only the level of emissions from such plants, leaving the choice of pollution control technology to the owner of the plant.

18182; June 9, 1977; Muskie agrees to a unanimous consent arrangement to allow Baker (R-Tennessee) to offer his amendment to the Riegle-Griffin substitute amendment. The Riegle-Griffin substitute would have delayed emission standards for five years and was generally seen as the auto industry’s amendment, although its sponsors denied this.

18185; June 9, 1977; Muskie notes that he is cosponsoring the Baker proposal, which would provide one extra year for the industry to meet auto emission standards in an effort to reach an achievable compromise which would also reach the practical goal of imposing those emission controls at a predictable time.

18460-18465; June 10, 1977; In response to a proposed Scott (R-Virginia) amendment, Muskie explains that primary and secondary air quality standards were established for areas with substantial air pollution, to measure and determine how to reduce that pollution, not for clean air regions, and that the whole purpose of the nondegradation provision was to ensure that regions with clean air do not become as polluted as the major urban regions are already. Scott’s amendment would have substituted the primary and secondary air standards as national standards.

18468; June 10, 1977; Muskie accepts a Bartlett (R-Oklahoma) amendment to permit states to establish air shed regions smaller than a single county, in deference to western states whose counties can be of considerable size.

18472-18475, 18476-18480; June 10, 1977; Muskie accepts a Huddleston (D-Kentucky) amendment to specify a particular type of fuel cleaning process as being among the "best available technology" requirements, and another exempting a local Kentucky power company from the monetary penalties for failure to comply with the law on the grounds that the company has an existing research and development relationship with the EPA to develop improved scrubbers for sulphur dioxide removal. Muskie also accepts a narrowly-dawn Curtis (R-Nebraska) amendment applying to small refineries, and a Gravel (D-Alaska) amendment dealing with state implementation and penalties.

18495, 18496; June 10, 1977; In debate over a Metzenbaum (D-Ohio) proposal that would have required local power companies to purchase locally-available coal rather than import low-sulfur coal from other regions, Muskie briefly summarizes the reasons he opposes the amendment.

18498-18500, 18502, 18503; June 10, 1977; Muskie is asked about a Jackson (D-Washington) amendment to potentially exempt one power plan from the permit requirements in the bill, and replies that he has no way of knowing how many other power plants are in precisely the same condition and might therefore qualify for the exemption. He goes on to dispute a proposed Hatch (R-Utah) amendment to eliminate the ability of states to require pre-sale emissions testing, on the grounds that huge costs would be imposed on dealers by such a requirement.

18507-18509, 18513; June 10, 1977; Muskie explains for Cranston (D-California) that the 1970 Clean Air Act gives states the right to control emissions from port facilities including the vessels that use state port facilities.

18514; June 10, 1977; The debate on clean air finally ends, and the Senate prepares to vote.

Conferee on H.R. 6161, Clean Air Act Amendment, 18627

18627; June 13, 1977; Muskie is named as one of the conferees on H.R. 6161, the Clean Air Act Amendments.

Department of the Interior and related agencies: appropriations (H.R. 7636), 19672, 19673

Table: Department of the Interior appropriations (selected data on H.R. 7636), 19672

19672, 19673; June 17, 1977; Muskie comments on the budget implications of H.R. 7636, Interior Department appropriation, noting that although the bill comes in under the budget numbers, it is a very close call. Muskie also expresses the hope that the funds provided in the bill to allow for the Bureau of Indian Affairs to extend services to the Maine Penobscot and Passamaquoddy Indian tribes are granted as directly as possible to the tribes and not to expand the BIA effort in Maine.

National Mass Transportation Assistance Act: enact (S. 208), 20549

20549; June 23, 1977; Muskie comments on S. 208, the National Mass Transportation Assistance Act and points out that since the major program authorized, the capital grants, is not likely to demand appropriations before 1980, this bill is not going to have a major budgetary effect.

National Environmental Policy Conference, by 20783-20785

20783-20785; June 24, 1977; Hart (D-Colorado) inserts the text of a Muskie speech to the National Environmental Policy Conference, in which Muskie notes that special interests are clamoring to weaken the clean air and water laws, although the burden of proof should be on those who wish to reduce environmental protection, not on those seeking it.

Federal Water Pollution Control Act: amend (S. 1952; H.R. 3199), 26690-26698, 26701, 26711, 26712, 26720, 26721, 26728, 26756, 26763, 26765-26768, 26770-26772, 26785

Clean Water Act: municipal program, 26690

Clean Water Act (sundry excerpts), 26691, 26696

Clean Water Act: industrial program, 26694

Table: Water treatment facilities in operation (selected data), 26694

Clean Water Act: dredge and fill permit program, 26697

List: Issues considered in mark-up of Federal Water Pollution Control Act Amendments (S. 1952), 26698

Analysis: Federal Water Pollution Control Act Amendments (S. 1952), 26699-26700

List: Staff members who participated in mark-up of Federal Water Pollution Control Act Amendments (S. 1952), 26700

Federal Water Pollution Control Act: amend (S. 1952; H.R. 3199), debate procedure, 26729

Federal Water Pollution Control Act: amend (S. 1952; H.R. 3199), to table Bentsen amendment, 26729

Conferee on H.R. 3199, Federal Water Pollution Control Act Amendments, 26785

26690-26698, 26700, 26701; August 4, 1977; Muskie opens the debate on S. 1952, the amendments to the Clean Water Act, noting that numerous hearings and a lengthy markup resulted in a unanimous committee vote on the bill, and focuses on the major thrust of the bill: municipal water treatment, industrial discharges, toxics control and nonpoint sources, primarily agricultural and urban runoff.

26711, 26712; August 4, 1977; Muskie attempts to correct Bentsen’s (D-Texas) assertion that the bill as reported will require farmers to write to Washington for permission to dig irrigation channels. The scope of environmental legislation was, necessarily, attended by numerous court rulings throughout the 1970s, as people seeking to limit the laws’ reach brought cases to the federal courts. One such 1975 case resulted in a broader grant of authority to the Army Corps of Engineers under Section 404 of the Clean Water Act. The Corps proceeded to implement what it claimed as its new authority to regulate the use of wetlands and streams that were not navigable waters, and predictably annoyed landowners who wanted absolutely no limits to their property rights. The resultant furor included broad exaggerations of what was at stake, as well as widespread denunciation of "over-regulation."

26716; August 4, 1977; Muskie notes that the Senate will next move to the Bentsen (D-Texas) amendment and in the meantime, yields ten minutes to another colleague.

26720, 26721; August 4, 1977; In the course of the debate on the Bentsen (D-Texas) amendment, Muskie lays out in detail exactly what the committee bill proposes with respect to wetlands protection, and argues that the amendment is a gross overreaction to a relatively soluble problem.

26728; August 4, 1977; Although the Bentsen (D-Texas) amendment was rejected on a 45-51 vote, Bentsen made a motion to reconsider the vote, and a brief debate occurred in which Muskie restated his earlier points. Muskie’s motion to table the vote to reconsider passed by 51-45.

26756; August 4, 1977; Kennedy (D-Massachusetts) offers an amendment on behalf of the administration to consolidate court cases involving national discharge standards in the District Court of Appeals, a proposal that Muskie says he can support.

26763; August 4, 1977; Muskie accepts a proposed amendment from Burdick (D-North Dakota) to require the planning of waste treatment works to incorporate planning for open space and recreational facilities.

26765-26768; August 4, 1977; Muskie has an exchange with Stevens (R-Alaska) over the timing of a study on ocean dispersal, and with Domenici (R-New Mexico) over the meaning of the user charge provisions in the bill, assures Allen (D-Alabama) and Dole (R-Kansas) that regular agricultural drainage will not require a federal permit, and clarifies the treatment of thermal pollution for Moynihan (D- New York).

26770-26772; August 4, 1977; Muskie clarifies aspects of the secondary treatment issue with respect to ocean dispersal with Jackson (D-Washington) and the permitting process as it applies to states with Nunn (D-Georgia). When debate on a bill is winding down, it is the normal practice that those with questions about particular provisions seek to obtain a more formal response to their concerns.

26772; August 4, 1977; Muskie and McClure (R-Idaho) discuss the meaning of "best management practices", a term not defined in the bill, which Muskie says has been left undefined so that states can develop their own "best" practices as they issue permits to put into effect the water pollution controls.

26785; August 4, 1977; When the bill has been passed, Muskie is appointed one of the conferees, and the usual congratulations are offered to all who had a hand in developing the bill or managing the floor debate.

Clean Air Act: amend (H.R.6161), conference report, 26824, 26841-26854, 26856

Clean Air Act's compliance penalty provision, with Senator Stafford, 26843, 26844

Table: Auto emission standards, from conference on Clean Air Act (H.R. 6161), 26847

Clean Air Act: amend (H.R. 6161), correction in enrollment, 26856

26824; This is evidently an error; there is no Muskie or Clean Air Act text on this page.

26841-26854, 26856; August 4, 1977; Muskie opens the debate on the conference report on the Clean Air Act Amendments, H.R. 6161, saying that neither side got everything it wanted in the final version of the bill and that in future, there would be greater reliance on state and local efforts than on a national effort at the federal level, to clean up the air. He concludes with some colloquies with his colleagues to clarify the meaning and intent of conferees on specific points of the conference report, which is then passed on a voice vote.

Conferee on H.R. 5101, EPA appropriations, 31754

31754; September 30, 1977; Muskie is named as a conferee on H.R. 5101, the Environmental Protection Agency Appropriations bill.

Hubert H. Humphrey Federal Building: designate (see S. 2169), 32941

32941; October 7, 1977; Muskie and the rest of the Senate are shown as cosponsors of a Dole bill, S. 2169, to designate one of the Department of Health, Education and Welfare buildings as the Hubert H. Humphrey Federal Building. This building was formerly known as the South Portal building.

Marine Protection, Research, and Sanctuaries Act: amend (H.R. 4297), 34585

34585; October 20, 1977; Muskie responds to a query from Moynihan (D-New York) about the availability of a delay in the requirement to reduce ocean dumping, and Roth (R-Delaware) notes that he has taken the concept of a noncompliance penalty from the clean air debate and wishes to apply it to ocean dumping, as the Senate moves to reauthorize the Marine Protection, Research and Sanctuaries Act, H.R. 4297.

Safe Drinking Water Act: requesting the House to return to the Senate the official papers on S. 1528 (see S. Res. 310), 35604

35604; October 27, 1977; On Muskie’s behalf during his absence in hospital, Byrd (D-West Virginia) moves a resolution, S. Res. 310, asking the House to return the official papers on the Safe Drinking Water Act, S. 1528, to the Senate for amendment. The two-year extension of the Safe Drinking Water Act included funding authorization which was later shifted to the research budget of the Environmental Protection Agency, and also contained minor technical amendments to the Clean Air Act. When the Senate passed the conference version of that bill, it was done in some haste, because the auto industry had been warning all year that without a new law on emissions, it would shut down its operations at the beginning of the model year. As a result, the usual check of renumbered sections and subsections of the bill required additional corrections, which took the form of technical amendments.

Conferee on S.1316, 36090

36090; October 31, 1977; Muskie is appointed a conferee on S. 1316, the Endangered Species Act of 1977.

List: Proposed amendments to the Clean Air Act, 36252

Clean Air Act Amendments, by, 36252

Letter: Clean Air Act nondegradation policy, by, 36253

Memorandum: Changes to PSD and Emission Offset Requirements, EPA, 36254

Memorandum: Clean Air Act Amendments Immediate Regulatory Changes, EPA, 36255

List: Mandatory class I areas under 1973 Clean Air Act Amendments, 36255

Letter: Homestake Mining Co.'s Pitch project: Environmental Defense Fund, 36256

Letter: Homestake Mining Co.'s Pitch project: William M. Auberle for State of Colorado, 36257

36252-36257; In Muskie’s absence for hospitalization, Byrd (D-West Virginia) inserts a Muskie statement describing the necessary technical amendments that were required in the Clean Air Act Amendments, and includes a list of them, along with other documentation discussing the legal effects on potential air pollution sources of the bill’s enactment.

    

Clean Water Act: enact (H.R. 3199), conference report, 39170-39172, 39174-39191, 39195

Chemical Plants Leave Unexpected Legacy for Virginia Rivers, Luther J. Carter, Science magazine, 39172-39174

Letter: Clean Water Act secondary treatment modification provision, Thomas C. Jorling for Environmental Protection Agency, 39179

List: Ocean outfalls to territorial seas (California), 39180

Letter: Law of the Sea negotiations (sundry), by, 39186

Letter: Clean Water Act Federal projects exemption, Senator Bumpers, 39188

Letter: Clean Water Act enforcement strategy, Environmental Protection Agency, 39190

Memorandum: Water Pollution Control Act Enforcement, Environmental Protection Agency, 39191

39170-39191; December 15, 1977; Muskie describes the conference agreement reached on the Clean Water Act, H.R. 3199, noting that the final version of the bill is designed to foster innovative water treatment systems, particularly for smaller rural communities, that its focus is to meet the backlog of water treatment needs, not to provide for future growth, and that it is intended to encourage conservation, by a user-payment system which will sensitize users to the costs of water.

     

Clean Water Act Conference Report: Senator Gravel, 39212

Clean Water Act Conference Report: Senator Anderson, 39213

Clean Water Act: enact (H.R. 3199), conference report, reconsider vote, 39219

Clean Water Act: (H. Con. Res. 444) correct enrollment of H.R. 3199, 39221, 39222

39212, 39213, 39219; December 15, 1977; In the course of wrapping up action on the Clean Water Act conference report, Muskie asks that the statements of Gravel (D-Alaska) and Anderson (D-Minnesota) on the conference report be published in the Record, and makes the motion to reconsider the vote by which the conference report was passed.

39221; December 15, 1977; In response to a House resolution, H. Con. Res. 444, Muskie explains he is moving to correct the enrollment of the bill at the request of the House, and has an exchange with Nelson (D- Wisconsin) on the question of phosphates in the waters of the Great Lakes system.

Letter: Fish and Wildlife Coordination Act, exchange with Senator Chafee, 39583

39583; December 15, 1977; Chafee (R-Rhode Island) notes that he has written to Muskie to clarify his understanding of what the final version of Section 404 of the Clean Water Act means in terms of State implementation and coordination with federal authorities, and provides the answer, which sets forth Muskie’s view of that provision and what it will require of the States.

NATIONAL SECURITY/FOREIGN AFFAIRS

1977 95th Congress, 1st Session

Letter: Abu Daoud release by French, by, 1287

1287; January 14, 1977; Muskie is shown as one of a number of Senators who signed a letter to the French Ambassador, protesting the decision of the French government to allow Mohammed Daoud Oudeh to leave a Paris prison and fly to Algeria. Abu Daoud, as he was known, was the suspected mastermind of the September, 1972 murders of Israeli athletes at the Munich Olympic Games, one of the earliest terrorist acts that became internationally notorious. In May, 1972, an attempt by Palestinians to hijack an Air Sabena flight from Brussels to Israel as a means of pressuring for the release of Israeli-held Palestinians had been thwarted by the Israeli military, who stormed the downed airplane and killed or captured all the Palestinians. Abu Daoud acknowledged his culpability for the Olympic attacks in a 1999 interview on the Arab-language broadcaster, Al-Jazeera, as well as in a memoir published in Paris the same year.

Bath-Built RO/RO Ships Delivered to States Steamship, Marine Engineering Log (publication), 3715

Bath Iron Works: tribute, 3715

3715; February 4, 1977; Muskie notes that Marine Engineering Log, an international shipbuilding publication, had recognized the U.S.S. Maine, a roll-on/roll-off ship built at Bath Iron Works, as one of the premier ships of 1976, and drew attention as well to the shipyard’s extensive work for the U.S. Navy.

Mexican Deputies: visit to Senate Chamber, 6679

Senate Chamber: visit by Members of Chamber of Deputies of Mexico, 6679

6679; March 8, 1977; Muskie joins his colleagues in greeting a visit to the Senate by several members of the Mexican Chamber of Deputies, in town for the 17^th Inter-Parliamentary Union. It is the practice for the Senate, when foreign legislators visit, to go into a brief recess from whatever business is being conducted, so that Senators and visitors can have private conversation and exchange greetings. The substance of these meetings is therefore never found in the record of the Senate’s proceedings for the day.

Warnke, Paul C.: nomination as ACDA Director, 6677, 6679, 6682-6683

6677-79; March 8, 1977; In the highly contentious debate over the nomination of Paul Warnke to be the lead U.S. negotiator with the Soviet Union over the Strategic Arms Limitation Talks (SALT), and to head the Arms Control and Disarmament Agency, Muskie speaks in support of the nominee, and makes the point that so long as the Soviet Union is concerned about U.S. advances in arms technology, it has an incentive to negotiate limitations, but as soon as the U.S. deploys advanced arms systems, the Soviet incentive shifts to one of catching up and matching the U.S. The debate over Warnke was one of the early instances in which so-called movement conservatives teamed up with self-described neoconservatives in support of confrontation with the Soviet Union and a renewed combativeness on the part of the U.S. in the face of what were seen as Soviet advances around the world.

6682-6683; March 8, 1977; Muskie interjects that President Nixon probably had caviar when he went to the Kremlin, as Humphrey (D- Minnesota) makes an impassioned argument that the nominee has been unfairly tarred by people who supported Nixon’s opening to China and his negotiations with the Soviet Union. Muskie’s interjection consists of the word "caviar" and did not join in the subsequent debate any further.

Letter: Pardon of Vietnam-era draft evaders, Roger C. Corbin, 7384

7384; March 14, 1977; In his first Executive Order as President, a day after his inaugural, President Carter issued a pardon to all non-violent draft evaders, including those who left the country rather than be called up. Some weeks later he also ordered the Defense Department to review all less-than-honorable discharges and upgrade them in certain circumstances. Only relatively few military deserters were eligible, and no war protesters. The pardon was controversial, but with U.S. active participation in the war ended, it was not countermanded by the Congress. Muskie, like many others, was ambivalent about the issue, and used the occasion of a letter from a Vietnam veteran to expound his views.

Navy: Presidential recommendation over shipbuilding program, 7582

Budget authority: rescission of certain, recommended by the President (H.R. 3839), 7582

Long Beach, U.S.S.: conversion, 7582

7582; March 15, 1977; Muskie speaks about H.R. 3839, a rescission bill affecting some Defense and State Department programs, four of which are technical, having to do with retired military pay, peace keeping assessments, and procurement programs. One rescission is non-technical: the long lead time components for a nuclear powered Nimitz carrier, and funds to refit the oldest nuclear carrier with Aegis weapons. Muskie notes that both the Ford and Carter administration have recommended this rescission, and expresses his support for the bill.

Nuclear explosions: test ban treaty (see S. Res. 124), 8964

Nuclear explosions: test ban treaty (S. Res. 124), 8965

8964, 8965; March 24, 1977; Muskie is shown as cosponsor of S. Res. 124, a Kennedy (D- Massachusetts) resolution urging an immediate mutual moratorium on nuclear testing, and the negotiation of a comprehensive test ban treaty, and speaks in favor of it.

Third U.N. Conference of the Law of the Sea, 12159

12159; April 26, 1977; Muskie is appointed to the Third United Nations Conference on the Law of the Sea, being held in New York city from May 23 to July 8, 1977.

Defense manpower: pay and compensation, 12207

Letter: Defense spending allocated to manpower costs, Richard J. Wallace, 12208

12207, 12208; April 26, 1977; Muskie says he supports President Carter’s proposal to have a commission review the way military compensation systems have been changed and, in many cases, reduced, and recommend a fairer replacement system of military pay, and notes that one of his constituents has a career military man’s perspective on the question of manpower costs.

Military installations: authorize certain construction (S. 1474), 14687

14687; May 13, 1977; Muskie notes that the $3.7 billion military construction authorization bill, S. 1474, falls within the guidelines of the first budget resolution for fiscal year 1978.

Military procurement: 1978 appropriations (H. R. 5970), 14858, 14859, 15058

Table: Relationship of military procurement authorizations (H.R. 5970) to national defense targets in first budget resolution, fiscal year 1978, 14858

Table: Navy shipbuilding budget options, 14859

Table: Navy shipbuilding budget options, 14859

14858, 14859; May 16, 1977; Muskie discusses how the military procurement bill, H.R. 5970, fits within the proposed fiscal year 1978 budget, and notes that because the House has approved a higher spending level, it will be difficult to maintain budget discipline in this function of the budget.

15058; May 17, 1977; Muskie talks about the hardened missile defense materials program, and urges Senate conferees to preserve this element of the bill when they compromise on the final form of the weapons procurement bill.

Indochinese refugees: lawful permanent resident status (see S. 694), 14979

14979; May 17, 1977; Muskie is added as a cosponsor to S. 694, a Kennedy (D- Massachusetts) bill to grant lawful permanent status to Indochinese refugees. The effect of Kennedy’s bill would have been to provide permanent resident status to these people without regard to the annual numerical limits on permissible permanent residents which otherwise restrain legal admission to the country.

International organizations: increase U.S. participation (H.R. 5262), 18941, 18997

Table: International organizations-budget authority of H.R. 5262, 18997

18941; June 14, 1977; Muskie makes the argument that the budget process prevents the U.S. from making binding commitments to multi-year foreign assistance programs, and argues that inasmuch as the U.S. was involved in the creation of most of the international financial institutions through which development loans are made, it is not rational to assume that the U.S. commitment to those institutions is somehow undermined by the need for compliance with annual budgets.

18997; June 14, 1977; Muskie talks about the budgetary impact of H.R. 5262, the Omnibus Multilateral Development Institution Act, and notes that in combination with other bills in that budget function it would be above the contemplated spending ceiling, but says that it is common to reduce actual appropriations for such bills in practice and that he will vote for a reduced funding level. He reiterates the argument he made earlier in the debate, that this function of the budget is as much subject to budget act procedures as any other

International Security Assistance and Arms Export Control Act: amend bill to enact (S. 1160; H.R. 6884), 19279

19279; June 15, 1977; During debate on S. 1160, the International Security Assistance and Arms Export Control Act, Muskie is shown as the cosponsor of unprinted amendment No. 451, a Hathaway (D- Maine) amendment to the bill providing for an addition in a mandated report on the sale of arms overseas, an additional accounting of agreements the U.S. has made to purchase foreign-made arms for the use of the U.S. military. This was designed to investigate whether the award of a machine gun contract to a Belgian firm rather than to the Maremont Corporation, a Maine firm, was lawfully undertaken by the U.S. military. Muskie did not speak during this portion of the debate.

Foreign relations appropriations: authorize (H.R. 6689), 19483

19483; June 16, 1977; In the course of debate on the foreign relations funding bill, Dole (R-Kansas) offers as an amendment a sense-of-the-Senate resolution listing preconditions to any negotiation with Cuba, Byrd (D-West Virginia) offers a somewhat watered-down resolution to the effect that in such negotiations, various factors should be considered, and Muskie makes the observation that both amendments are only sense-of-the-Senate resolutions which have no legal effect. In March, 1977 President Carter issued Presidential Directive NSC-6, setting forth the goal of undertaking negotiations to establish diplomatic relations with Cuba. At the time, Cuba was supporting revolutionary movements with Cuban troops in a variety of locations, including Angola, and opposition to normalization remained a majority sentiment in the Congress.

Departments of State, Justice, Commerce and related agencies: amend appropriations (H.R. 7556), 20839

Departments of State, Justice, Commerce and related agencies: appropriations (H.R. 7556), 20840, 20842, 20862

State maritime schools: increase cadet allowance, 20840

20840; 20842; June 24, 1977; During debate on the funding bill for the Departments of State, Justice and Commerce, Muskie speaks in favor of a Hathaway (D- Maine) amendment which he cosponsors to increase the stipend for students at the Maritime Academies, and defends it against a Hollings (D- South Carolina) argument that the academies serve no useful purpose and should not be supported.

20862; June 24, 1977; Muskie comments on the budgetary status of H.R. 7556, the State, Justice, Commerce and related agencies bill, and notes that it is very close to the budgetary ceiling and other demands on these functions are expected later in the year.

Military construction: appropriations (H.R. 7589), 21464

Military construction: amend appropriations (H.R. 7589), 21465

21464; June 29, 1977; Muskie makes a comment on the military construction appropriations bill, H.R. 7589, noting that it is within budgetary guidelines, and urging his colleagues to resist amendments which would increase spending in this function.

21465; June 29, 1977; Muskie is shown as a cosponsor of a Hathaway (D- Maine) amendment to the military construction appropriations bill dealing with base closings.

Military procurement: 1978 appropriations (H.R. 5970), conference report, 23052

23052; July 14, 1977; Muskie speaks briefly about the budgetary numbers in the military procurement conference report, H.R. 5970, thanking the committee members for remaining within the budgetary guidelines.

Department of Defense: Navy build and charter program, 24023

Navy: controversial build and charter program, 24023

24023; July 20, 1977; Muskie describes a process called "build and charter" under which the Navy can in effect remove the costs of ship building from its budget and allocate those costs, instead, to Operations and Maintenance, an account that does not need specific congressional approval for spending, and points out that this form of back door spending bypasses the control of the Congress.

Department of Defense: appropriations (H.R. 7933), 23512, 23513

Table: National defense appropriations (selected data), 23513

23512, 23513; July 18, 1977; Muskie speaks about the level of spending in the Defense Appropriations bill, H.R. 7933, noting that it is within budgetary guidelines but cautioning that other demands on the defense budget are expected to arise later in the year.

Department of Defense: amend appropriations (H.R. 7933), 23514

23514; July 18, 1977; Muskie is shown as a cosponsor of a Hathaway (D- Maine) amendment to the defense appropriations bill to clarify language applying to the Navy ROTC program and its reestablishment at the Maine and New York Maritime Academies. Muskie does not speak.

Text: Panama Canal treaties, 28306-28313

28306; September 8, 1977; Muskie notes that there is intense public interest in the newly concluded Panama Canal treaties, and has them reproduced in the Congressional Record. The purpose of the treaties was to replace the 1903 Hay-Buneau-Varilla treaty by which Panama ceded a ten-mile wide zone surrounding the canal to U.S. sovereignty. By the 1960s, Panamanian and Latin American indignation over this "colonial" remnant in Panama had become strong, and riots in January, 1964 led to a three-month suspension of relations between the U.S. and Panama. When relations resumed, a draft treaty was hammered out in 1967, but neither side ratified it, and in 1970, a newly-elected Panamanian government rejected it. President Nixon’s Secretary of State, Henry Kissinger, signed a "declaration of principles" in 1973, and continued negotiations led to the signing of the 1977 treaties in September, 1977. The new treaties immediately drew fire from Americans who feared they represented a loss of U.S. power or a potential strategic weakness, and opposition to the treaties became a potent and enduring rallying cry for conservatives. The treaties became the subject of many election campaigns and much lobbying aimed at the Senate, well before ratification in 1978.

College President Shares Unofficial Dialogues With Soviets, Richard M. Harley, Christian Science Monitor, 30443

30443; September 22, 1977; Muskie talks about a former provost at Bowdoin whose trips to the Soviet Union and conversations with Soviet officials have been chronicled in the Christian Science Monitor.

Letter: International Labor Organization, by, 35568

35568; October 27, 1977; Muskie is shown as one of the signatories to a letter opposing U.S. withdrawal from the International Labor Organization which forms part of a Humphrey (D- Minnesota) presentation on the impending withdrawal of the U.S. from that agency, which was announced by Secretary of State Kissinger in November, 1975, to take effect in 1977. The ILO

predated the United Nations by some fifty years, but became one of the member organizations when the U.N. system came into being. Its tripartite structure requires representation from government, employers, and workers, and since 1970, the U.S. had objected to Soviet representation in the employers’ group, since the Soviet Union had no private workplaces. A later decision to accept the Palestinian Liberation Organization with observer status and subsequent anti-Israel resolutions also increased U.S. opposition to membership.

Current Assessment of U.S.-Soviet Relations, George F. Kennan, 39323

39323; December 15, 1977; Muskie says that George Kennan’s speech to the Council on Foreign Relations is a continuation of his astute observation of the state of U.S.-Soviet relations, and has it reproduced.

Transfer of Polish Religious Books to Hasidic Jews, John Cardinal Krol, 39338

Jews: presentation of Polish religious books to Philadelphia's Hasidic group, 39338

Philadelphia, Pa.: transfer of religious books to Hasidic Jews, 39338

Piszek, Edward: tribute, 39338

Hasidic Feat — Simple as Aleph, Beth, Gimel, Israel Shenker, New York Times, 39339

Poland: historic transfer of Jewish religious books, 39338

39338; December 15, 1977; Muskie notes that his friend, Ed Piszek has undertaken to have 400 rare Jewish volumes held by the Polish government transferred to a group of Hasidic Jews in Philadelphia, and says it is testimony to the long relationship between Jewish and Polish people since the founding of the Polish state.

HUMAN RESOURCES PROGRAMS

1977 1st Session, 95th Congress

Older Americans: income tax checklist, 3558

Checklist: Income tax for Older Americans, Special Committee on Aging, 3559

3558; February 3, 1977; Muskie says that the Committee on Aging, of which he is a member, has published its updated list of tax deductions that are available to the elderly, and has it published for the benefit of his constituents. This annualized listing was sent from Muskie’s office at the request of constituents and as an aid for those inquiring about tax liability.

 

Department of Education: establish (see S. 991), 7363

7363; March 14, 1977; Muskie is listed as one of the many cosponsors of S. 991, the Ribicoff (D- Connecticut) bill to create a cabinet-level Department of Education. At this time, federal education programs, which had been growing since the 1960s, were administered by the Office of Education within the cabinet-level Department of Health, Education and Welfare, popularly known as HEW. Since HEW also administered Medicare, the federal portion of Medicaid, the welfare program of Aid to Families with Dependent Children, and a myriad other social service and welfare programs, education supporters had been agitating for a considerable time for their own cabinet department, on the grounds that education risked becoming lost in the larger HEW department.

State maritime academies: increase subsistence payments to students (see S. 1241), 10482

10482; April 5, 1977; Muskie joins Hathaway (D- Maine) in cosponsoring S. 1241, a bill to increase the subsistence payments made to students of state maritime academies, of which Maine houses one.

Health Assistance Programs Extension Act: enact (H.R. 4975), 13539

Public Health Service Act: amend 1978 appropriations for biomedical research (H.R. 4975), 13539

Health Assistance Programs Extension Act: amend bill to enact (H.R. 4975), 13539

Committee on Mental Health and Illness of the Elderly: extension, 13539

Public Health Service Act: 1978 appropriations for biomedical research (H.R. 4975), 13539

13539; May 4, 1977; During consideration of the Public Health Service Act, H.R. 4975, Muskie speaks on the Muskie-Kennedy amendment to extend for one month the life of the Committee on Mental Health and Illness of the Elderly, an extension needed because the Ford administration failed to nominate commission members in a timely fashion in the previous year, and the committee needs an additional month. The amendment is accepted.

Table: National Science Foundation-1978 budget request and committee recommendations, 13805

National Science Foundation: appropriations (S. 855), 13805

13805; May 5, 1977; Muskie reports that the funding levels assumed in the authorizing legislation for the National Science Foundation, S. 855, are in line with the assumptions made for the general science category of spending for fiscal year 1978.

Social security: coverage of rural health clinic services (see S. 708), 14979

14979; May 17, 1977; Muskie is added to a Clark (D- Pennsylvania) bill, S. 708, a bill to amend the social security act to provide payment for rural health clinic services. The bill’s effect would have been to rescind a Medicare payment limitation which restricted reimbursement to health clinics only if they had a permanent resident physician. Many rural health clinics were forced to share the services of a physician, and functioned for much of the time with other health care professionals, such as nurse practitioners or physicians’ assistants under the supervision of a physician.

Comprehensive Employment and Training Act: amend (H.R. 2992), 16553

16553; May 25, 1977; Muskie notes that the different titles of the Comprehensive Employment and Training Act (CETA) are intended to be targeted to different populations of persons needing work or training to become employable, and notes that there is room in the budget ceilings to accommodate the jobs projected by this authorizing bill, H.R. 2992.

Youth: provide employment and training opportunity (S. 1242; H.R. 6138), 16816

16816; May 26, 1977; Muskie says that Senate action on youth joblessness, which culminated in one single bill, S. 1242, rather than in a competing series of different bills embracing different facets of the problem, is a model of how best to develop serious programs to meet national needs, and says he will vote for the bill.

Ionizing radiation: protection from unnecessary medical exposure to (see S. 1695), 19151

19151; June 15, 1977; Muskie becomes a cosponsor of S. 1695, a Randolph (D- West Virginia) bill to require minimum federal standards for radiological technicians and accreditation of the institutions which train radiological technicians, a bill he has routinely introduced in four successive congresses.

Department of the Treasury, Postal Service, Executive Office of the President, and certain independent agencies: appropriations (H.R. 7552), 19923

Table: Department of the Treasury, Postal Service, Executive Office of the President appropriations (H.R. 7552), 19923

19923; June 20, 1977; Muskie notes that the appropriation for the Treasury, Postal Service, and other agencies, H.R. 7552, has not provided sufficient funds for predictable needs, such as increased contributions to civil service retirement accounts arising from the pay raise, but says he will support the bill, and hopes other offsets can be made elsewhere to fully accommodate what is missing.

                                           

Departments of Labor, and Health, Education, and Welfare and related agencies: appropriations (H.R. 7555), 21205, 21522

Table: Departments of Labor, and Health, Education, and Welfare appropriations (H.R. 7555), 21205

Table: Entitlements requiring appropriations action, 21522, 21523

21205; June 28, 1977; Muskie comments on the appropriations bill for the Departments of Labor and of Health, Education and Welfare, H.R. 7555, noting that this bill affects seven different functions of federal spending, and reminding his colleagues that the budget process allocates spending among those functions in a set of priorities chosen by the Congress, not the President.

21522, 21523; June 29, 1977; Muskie joins in a discussion about how best to treat budget authority for entitlement programs so as not to confuse one year’s spending with another’s, which has arisen because the Appropriations Committee report has recommended carrying over unused budget authority in the Labor-HEW      appropriations bill.

National School Lunch and Child Nutrition Acts: revise and extend summer food program (S. 1420, H.R. 1139), 21797, 21798

21797, 21798; June 30, 1977; Muskie says that a voice vote in the Senate to make a nutrition education program an entitlement sets a bad precedent in terms of budgetary control, and undercuts the effort to gain control of entitlement programs.

Education : financial assistance for impact of fuel costs on local schools (S. 701), 23999

23999; July 20, 1977; Muskie says S. 701, a bill authorizing $900 over three years to provide for energy savings, insulation and modernization to reduce cooling and heating costs for schools and hospitals, is within the budget targets, and notes that it will also be useful in states like Maine, where high fuel costs combined with cold weather, make energy conservation imperative.

Black lung benefits program: improve (S. 1538), 24264

24264; July 21, 1977; Muskie says he supports the new fund created in S. 1538, which will mean that future benefits paid to coal miners with black lung disease will be financed by the mining companies rather than the federal government, and points out that outlays under this bill are higher than those assumed in the budget resolution, noting that the Finance Committee, which is supposed to find other savings in income support programs has not reported any such legislation yet.

Amylotrophic lateral sclerosis: all-out effort to combat (see S. Con. Res. 26), 30421

30421; September 22, 1977; Muskie is added as a cosponsor to S. Con. Res. 26, a Cranston (D- California) resolution dealing with research into Lou Gehrig’s disease. LOOK UP THE INTRO AND SEE WHY THIS IS A RESOLUTION RATHER THAN A REAL BILL.

Minimum wage: increase rate and provide for automatic adjustment (S. 1871), 32700, 32855, 32856

32700; October 6, 1977; Muskie argues that the proposed increase in the minimum wage, from $2.30 per hour to $2.65 per hour will have very minimal effects on either inflation or unemployment, while even with the 15 percent increase, a full time worker earning the minimum wage would still earn less than needed to reach above the poverty level, and he says he will therefore vote for S. 1871, the bill that would provide for this minimum wage increase.

32855, 32856; October 7, 1977; As the debate on S. 1871 takes up the Hathaway (D-Maine) amendment, which would relax the age at which children could be employed in agriculture from 12 to 10, Muskie defends the long time practice in Northern Maine of having the schools close early to free the children of the farming community to help with the potato crop, and argues that it is micro-management of community mores along these lines which alienates people.

Veterans: 3-year extension for use of benefits (S.457), 34397

34397; October 19, 1977; In the debate over S. 457, a bill extending for three years eligibility for veterans benefits programs, Muskie says the changes that are being made in the reported bill probably already have broken the budget for this function, and points out that if every potentially affordable proposal is accepted, then there is no budget ceiling until the last bill in a session has been completed, yet the need to impose budget discipline remains the same.

Social Security Financing, by, 37197

37197; November 4, 1977; In Muskie’s absence while he was hospitalized, his statement is printed in the Record, in which he outlines in some detail the work that the Budget Committee was forced to undertake to accommodate the Social Security financing bill reported by the Finance Committee, H.R. 9346, and says that because of the costs added to the bill by amendments during floor debate, he would vote against it if he were present.

Social security: financing reform (H.R. 9346), conference report, 39146  

39146; December 15, 1977; Muskie says that since the conferees dropped most of the expensive Senate amendments that had been added to H.R. 9346, the social security financing bill, he will now support the conference report, only adding that the bill proposes substantial tax increases in 1979, which may need to be offset by tax cuts elsewhere.

FEDERALISM, INTERGOVERNMENTAL RELATIONS

1977 1^st Session, 95^th Congress

Sunset Act of 1977: enact (see S. 2), 475

475; January 10, 1977; Notice only of Muskie’s introduction of the Sunset Act, S. 2, along with many cosponsors. Traditionally, the first five bills introduced in a new Congress signal the importance the congressional majority attaches to the underlying issues. Having the sunset bill be S. 2 recognized the significant support the concept had received.

Tax expenditures: provide for review of provisions (see S. 125), 478

478; January 10, 1977; Muskie is shown as a cosponsor of a Glenn (D- Ohio) bill, S. 125, to subject revenue provisions to the same scrutiny as spending programs would receive under the sunset legislation. Although this provision was incorporated as Title IV of the sunset bill, in 1976, when it was referred to the Finance Committee, it failed to win support on a 7-7 tie vote. It was therefore introduced as a separate measure in 1977 to make certain the idea stayed alive, even if supporters were forced to strip it from the underlying sunset bill.

Government programs: review every 5 years (S. 2), 496

Text: S. 2, Sunset Act of 1977, 497

Brief: Sunset Act of 1977 (S. 2), 502

Spending Review Backed in Senate (sundry), 502-506

Sunset Reform, Senator Roth,. 506

496-506; January 10, 1977; Muskie makes his explanatory introductory statement on S. 2, the sunset bill, and provides the bill’s text, an analysis of it, along with numerous news editorials and stories examining the idea, and statements by other sponsors.

Committee on Government Operations: notice of hearings, 696, 2791

696; January 10, 1977; Muskie announces that the Subcommittee on Intergovernmental Relations will hold hearings on January 14, primarily focused on the countercyclical title of the jobs bill, now that three payments to state and local governments have been made under that program, to examine how effectively it is targeting areas of particularly high unemployment.

2791; January 31, 1977; Muskie announces that later in the week, the Subcommittee on Intergovernmental Relations will hold two hearings on emergency energy assistance, to examine how best to respond to the rapid runup in price and the especially cold conditions of the winter, which have combined to threaten low-income people with loss of utilities.

Federal Grant and Cooperative Agreement Act: enact (see S. 431), 2130

2130; January 25, 1977; Muskie is shown as a cosponsor of S. 431, a Chiles (D- Florida) bill to implement the recommendations of the 1972 Commission on Procurement, and provide for a government-wide system of legal requirements in grant relationships and procurement contracts. The bill was passed in the previous congress, but was pocket vetoed by President Ford.

Intergovernmental Anti-Recession Assistance Act of 1977: enact (see S. 531), 2752

Public Works Employment Act of 1976: authorizing additional appropriations (see S. 531), 2752

2752; January 31, 1977; Notice only of the introduction of S. 531, a Muskie bill to authorize additional funding for the Public Works Employment Act of 1976, primarily for Title II purposes, the countercyclical state and local assistance.

Intergovernmental Anti-Recession Assistance Act of 1977: proposed, 2774

Text: S. 531, Intergovernmental Anti-Recession Assistance Act of 1977, 2775

Public Works Employment Act of 1976 authorizing additional appropriations, 2774

2774; January 31, 1977; Muskie makes a brief statement about S. 531, a bill authorizing additional funding for the countercyclical program of assistance to state and local governments, and notes that the targeting feature of the program has gone well, with the heaviest spending in those areas with the highest unemployment and with relatively little finding its way to localities with lower unemployment.

Sunset: New Sunlight on Government, Trial magazine, by, 5249

5249; February 24, 1977; Hathaway (D- Maine) notes that Muskie’s article explaining the sunset concept has been published in the trial lawyers’ magazine, and has it reproduced in the Record.

Committee on Governmental Affairs: notice of hearings, 5709

5709; March 1, 1977; Muskie announces that the Intergovernmental Relations Subcommittee will hold hearings in March on the sunset bill, and will be hearing from administration witnesses, who he hopes will provide better feed back than the Ford administration did.

Federal agencies: transmission of Presidential plans to reorganize (S. 626), 6151

6151; March 3, 1977; During debate on S. 626, a bill to restore the president’s reorganization powers unless one House of the Congress votes to disapprove, Muskie makes a statement relating this measure to other good government initiatives, including zero-based budgeting and his own sunset bill.

Federal domestic assistance; efficient and regular distribution of current information (see S. 904), 6316

6316; March 4, 1977; Muskie is shown as a cosponsor of S. 904, a Kennedy (D-Massachusetts) bill which would establish an Office of Program Information in the Office of Management and Budget to set up a computerized data base of federal domestic assistance programs and their eligibility requirements which would allow officials of smaller cities and towns to access the information by remote computer to determine if their localities are eligible for federal assistance for a particular local project. The 1970s were a period in which the potential of computers was becoming more evident, although computer use was thought of only in connection with business or government settings.

Subcommittee on Energy, Nuclear Proliferation, and Federal Services (Committee on Governmental Affairs), 8148

Subcommittee on Civil Service and General Services (Committee On Governmental Affairs), 8148

Subcommittee on Intergovernmental Relations (Committee on Governmental Affairs), 8148

8148; March 18, 1977; Ribicoff (D- Connecticut) announces the finalization of subcommittee jurisdictions within the Governmental Affairs Committee, of which he is the Chairman, and Muskie’s name is listed as a member of two and Chairman of one of those subcommittees.

Subcommittee on Intergovernmental Relations; notice of hearings, 9222, 14707,

9222; March 28, 1977; Muskie announces hearings on the Program Information Act, a bill he cosponsors, to be held by the Intergovernmental Relations Subcommittee in April.

14707; May 13, 1977; Muskie announces hearings on a Byrd (D- West Virginia)-Percy (R-Illinois) regulatory reform bill for May, to be held by the Subcommittee on Intergovernmental Relations.

Federal domestic programs: efficient and regular distribution of current information (S. 904), 14943

14943; May 17, 1977; Muskie speaks in support of S.904, a bill to centralize and computerize information about federal programs of assistance to state and local governments, saying that the grant process has become so cumbersome that this bill is needed to allow cities and small towns an easier way to determine if they are eligible to participate in a grant program, and if there are funds available should they choose to do so.

Subcommittee on Intergovernmental Relations; notice of hearing, 18434, 33379

18434; June 10, 1977; Muskie announces a hearing of the Intergovernmental Relations Subcommittee to examine the involvement of state legislatures in appropriating federal funds to the states.

33379; October 12, 1977; Muskie says that his Intergovernmental Relations Subcommittee will hold hearings in Tennessee on the issue of winter preparedness, because Tennessee might be more affected by natural gas shortages in the forthcoming winter than any other states, and that the hearing will be chaired by Senator Sasser (D-Tennessee).

Government programs: new budget authority every 5 years (S. 2), re-referral to Committee on Rules and Administration, 23995

23995; July 20, 1977; Muskie discusses the re-referral of S. 2, the sunset bill, to the Rules Committee, and says he is willing to agree to the referral without a time deadline for reporting back because of other reporting requirements facing the Rules committee. The bill was reported from the Government Operations Committee, but because it involves changes in Senate rules of procedure, it must also be referred to the Committee on Rules.

Privacy Protection Study Commission: commending (see S. Res, 255), 27528

Privacy Protection Study Commission: commending, 27528

Privacy Protection Study Commission: submission of report, 27528

Ribicoff, Senator: tribute for contribution to privacy legislation, 27529

Goldwater, Senator: tribute, 27529

Bayh, Senator: tribute, 27529

Percy, Senator: cooperation in developing privacy legislation, 27529

Recommendations: Privacy Protection Study Commission, 27529-27542

27528, 27529-27542; August 5, 1977; Muskie introduces a resolution, S. Res. 255, which endorses the report of a 2-year study by the Privacy Protection Study Commission, which was created by a privacy bill that Muskie cosponsored with former Senator Ervin (D- North Carolina) containing numerous recommendations for federal action to strengthen and clarify the individual’s right to control personal information used by government or business.

Federal Program Information Act: enact (S. 904), 39157

Federal programs: disclosure of information to assist recipients (S. 904), 39157

39157; December 15, 1977; Muskie comments briefly on passage of the Program Information Act, of which he is a cosponsor, and congratulates Kennedy (D-Massachusetts) and Roth (R-Delaware) on its passage.

CONSTITUTIONAL LAW, CIVIL LAW, CRIMINAL LAW

1977 1st Session, 95th Congress

Martin Luther King Day: designate (see S.J. Res. 9), 1156

1156; January 14, 1977; Muskie is one of fifty-four Senators who are listed as cosponsors of S. J. Res. 9, a resolution by which Congress would designate each January 15 as "Martin Luther King Day."

Passamaquoddy Indian Tribe, Maine: land claims (see S. 842), 5642

Penobscot Indian Tribe, Maine: land claims (see S. 842),5642

Maine: land claims for Indian tribes (see S. 842), 5642

5642; March 1, 1977; Muskie is shown along with Hathaway (D- Maine) as a cosponsor of S. 842, a bill to deal with the Maine Indian Land Claims. These land claims, brought by the Justice Department on behalf of the Passamaquoddy and Penobscot Indian Tribes in Maine, were premised upon alleged violations of the 1790 Indian Non-Intercourse Act resulting from the failure of the Federal Government to ratify treaties between the tribes and Massachusetts, prior to the separation of Maine and Massachusetts in 1820. The Indian land claims cast doubt on the validity of titles to real property over two-thirds of the state of Maine.

Maine's Indian tribes: land claims (S. 842), 5698

Passamaquoddy-Penobscot Indian Tribes, Maine: land claims (S. 842), 5698

5698; March 1, 1977; In his introductory remarks on S. 842, a bill to reaffirm the validity of real property titles in Maine and to settle the Maine Indian Land Claims, Muskie says that legislation is necessary to help resolve the claims case in a way that is equitable to the tribes and to the present-day owners of Maine land whose ownership is based on good faith actions. The additional legal notices included show that the President was anxious to help settle the case and planned to do so with the help of a representative who would seek agreement on behalf of the State.

Courts: additional appointment of district judges, amend bill (S.11), 6352

Federal judges: additional appointment for district courts, amend bill (S. 11), 6352, 16092

Letter: Additional Federal district judges for Maine: by, 16092

Letter: Additional Federal district judges for Maine, Edward T. Gignoux, 16093

Federal judges: appoint additional (S. 11), 16092, 16094

6352; March 4, 1977; Muskie introduces an amendment, No. 55, to S. 11, a bill providing for the appointment of additional judges for the federal district courts.

16092, 16093, 16094; May 23, 1977; During debate on S. 11, the Omnibus Judgeship bill, Muskie argues that both the number and complexity of civil cases being brought in Maine’s single-district federal court has made it impracticable for a single judge to hear them in a timely fashion,

Civil Rights Commission: resolution (S. Res. 178) for consideration of S. 1231, raise limitation on appropriations, 18741, 18742

18741, 18742; June 13, 1977; Muskie explains that the Civil Rights Commission bill, S. 1231, was ready for Judiciary Committee consideration by May 15, the deadline for reporting authorizing legislation, but the Committee lost its quorum before the bill could be brought up for a vote, thus missing the reporting deadline.

What Are the Limits of the Law? George J. Mitchell, Jr., Bowdoin Alumnus (publication), 31975

31975; October 3, 1977; Muskie says he finds a speech by Maine’s U.S. Attorney, George J. Mitchell thought provoking. In his Law Day speech, Mitchell questions whether the country is expecting the courts and legal system to take on and solve problems that it cannot resolve.

MISCELLANEOUS

1977 1^st Session, 95^th Congress

Hale, Robert: eulogy, 709

Obituary: Robert Hale Dies, Washington Post, 709

709; January 10, 1977; Muskie makes brief remarks and inserts an editorial on the death of Maine’s longest-serving former Congressman, Robert Hale.

Lisagor, Peter: eulogy, 719

719; January 10, 1979; Muskie makes some comments on the death of Peter Lisagor, a well-known print and television journalist who covered Washington politics.

Williamson, Robert B.: eulogy, 3046

Mr. Justice, Bill Caldwell, Maine Telegram, 3046

3046; February 1, 1977; Muskie pays tribute Maine’s former Chief Justice, noting that it was Muskie as Governor who appointed him to that position, in which he served for fourteen years.

Urbanski, Edmund: tribute, 4323

Tribute: To Edmund Urbanski, J. David Suarez-Torres, 4323

4323; February 10, 1997; Muskie pays tribute to Doctor Edmund Urbanski on the occasion of his retirement from the faculty at Howard University. Muskie frequently honored notables of Polish descent, such as Urbanski, who was born in Poland in 1909, and became a well-known scholar of the ethnic communities of the American continent.

Hart, Philip A.: eulogy, 4485

Phillip A. Hart, by, 4486

4485; February 11, 1977; Muskie speaks about the death of his best friend in the Senate, Phil Hart (D- Michigan) who died of cancer after retiring from the Senate in 1976, and describes an evening he and other friends had with Hart recently.

Middendorf, J. W., II: tribute, 4492

List: J.W. Middendorf, II's certificates of accomplishments, 4492

4492; February 11, 1977; Muskie talks about a tribute to a former Navy Secretary, commemorating his accomplishments in office, and asks that the Certificate specifying these accomplishments be published.

State of the State, James B. Longley, Maine State Legislature, 5738-5740

5738; March 1, 1977; Muskie suggests that Maine’s State of the State address, given by the Governor, James B. Longley, may be of interest to his colleagues, and has it reproduced.

Paul Douglas: Gallant Warrior, G. Calvin Mackenzie, Bowdoin Alumnus (publication), 6737-6739

6737-6739; March 8, 1977; Muskie talks about a former colleague, Paul Douglas (D- Illinois) about whom his college alumni magazine had published a lengthy story, and reminds the Senate that although Douglas represented Illinois in that body, his origins and youth lay in Maine, where he was born and brought up.

Eulogies: Philip A. Hart (sundry), at Detroit Symphony memorial concert for late Senator, 10153-10155

Hart, Philip A.: memorial concert, 10153

10153; April 4, 1977; Muskie has the program of a memorial concert for his late friend, Phil Hart (D- Michigan) reproduced. The concert was held in Detroit and the program featured reminiscences by his Senate colleagues.

King, Martin L., Jr.: statue placed in Capitol (see S. Con. Res. 6), 12191

12191; April 26, 1977; Muskie along with many other Senators is shown as a cosponsor of S. Con. Res. 6, a Bayh (D- Indiana) resolution that the Congress would honor Martin Luther King by erecting a memorial statue to him in the Capitol building.

National Ski Patrol System, Inc.: incorporate (see S. 1571), 15616

15616; May 19, 1977; Muskie is shown as a cosponsor of S. 1571, a McIntyre (D- New Hampshire) bill which would grant a federal patent to the National Ski Patrol, an association of skiing enthusiasts who undertake snowbound rescues of skiers and others in difficult country in the snow seasons.

Former Justice Clark Dies (sundry), 19573, 19574

Clark, Tom C.: eulogy, 19573

19573, 19574; June 16, 1977; Muskie speaks about former Justice Tom C. Clark, whose death after ten years of retirement followed eighteen years service on the Supreme Court. Justice Clark stepped down when his son became the U.S. Attorney General, because of the potential for conflicts of interest to arise.

Lennartson, Nils A.: eulogy, 19914

Eulogies: Lennartson, Nils A., by, 19915

19914, 19915; June 20, 1977; Muskie inserts his eulogy on the death of Nils A. Lennartson, a college friend of his who later in life entered public service and served under four administrations before retiring.

Humphrey, Senator: tribute, 26075

Kudos for Humphrey, Marquis Childs, Washington Post, 26076

26075, 26076; August 2, 1977; Muskie notes that a news column about Humphrey (D- Minnesota) sums up his career and his present preoccupations. Humphrey had had a cancer operation in 1977 and was undergoing chemotherapy at the time.

Nomination of Tyrone Brown, by, 37212

37212; November 4, 1977; Byrd (D- West Virginia) provides a Muskie statement on the nomination of Ty Brown to the Federal Communications Commission, in Muskie’s absence in hospital. Ty Brown was a former staff member in Muskie’s Senate office and the Subcommittee on Intergovernmental Relations.

Woodworth, Laurence N.: eulogy, 39327

39327; December 15, 1977; Muskie makes a brief statement on the unexpected death of Larry Woodworth, a long-time congressional staffer, who served as the Chief of Staff on the Joint Committee on Taxation.

McClellan, Senator: eulogy, 39331

39331; December 15, 1977; Muskie talks about his working relationship with a former colleague, John McClellan (D- Arkansas) on the occasion of his death.

Full Marriage Act of 1977, Herbert Stein, Wall Street Journal, 39345

39345; December 15, 1977; Muskie refers to a very tongue-in-cheek article endorsing the concept of marriage.

Senator Randolph Will Go Again, Wheeling (W.Va.) News-Register, 39423

Randolph, Senator: tribute, 39423

39423; December 15, 1977; Muskie says he welcomes Jennings’ (D- West Virginia) announcement that he will stand for reelection in 1978, and shares a West Virginia editorial which praises his work and integrity.

POLITICAL, CAMPAIGN REFORM

1977 95th Congress, 1st Session

Letter: Election credentials, Maine Governor Longley, 6

6; January 4, 1977; At each election, the Vice President, presiding over the Senate, lays before the Senate the certifying documentation for each elected or re-elected Senator, which generally consists of a letter from the State’s governor, such as the letter from Longley for Muskie.

Public Officials Integrity Act: enact (see S. 555), 2952, 14979

Regulatory agencies: reorganization (see S. 555), 2952

2952; February 1, 1977; Muskie is shown as a cosponsor of S. 555, a Ribicoff (D- Connecticut) bill called the Public Officials Integrity Act, which is similar to a bill that died in the previous Congress when the House failed to act. This measure was a modified version of the major provisions for change that came as a result of the Watergate scandal. It provided for the appointment of a temporary independent prosecutor in the case of high level government officials accused of criminal actions, created an Office of Congressional Legal Counsel to represent the Congress in court proceedings, and required public financial disclosure by high level Executive Department officials, to replace the assorted and inconsistent financial disclosure provisions in effect in law at the time.

14979; May 15, 1977; Muskie’s name is again added as a cosponsor of S. 555, a Ribicoff (D- Connecticut) bill, the Public Officials Integrity Act, possibly to obtain a clean print of the bill with all cosponsors shown.

Public Officials Integrity Act: authorizing additional expenditures for (see S. Res. 211), 21529

21529; June 29, 1977; Muskie reports S. Res. 211 amending S. Res. 78, for the budget of the Budget Committee itself. S. Res. 78 was the resolution reported by the Rules Committee to fund inquiries and investigations by the Senate Committees during the transition period as their various jurisdictional areas were reorganized.

Senate elections: budget waiver resolution (S. Res. 206) for consideration of S. 926, public financing of, 24646, 24647

24646, 24647; July 25, 1977; Muskie explains the need for a budget waiver on S. 926, a bill that would provide for public financing of congressional elections, and agrees with Bellmon (R-Oklahoma) that after two years’ experience with the budget process, waivers of this kind should not be casually approved. The bill contained authorizations of $1.15 million for administrative costs of the Federal Elections Commission and the States, which would be required to make certain reports under the bill. The rush of business at the start of the session, which included a reorganization of the Senate’s committee jurisdictions, made it impossible for the Rules Committee to report this bill in a timely fashion. The waiver permitted its consideration, nonetheless.

Broadcast: Congress and the Media, Joseph McCaffrey, Radio WMAL, Washington, D.C., 25853

25853; August 1, 1977; Muskie talks about a commentary that bemoans the tendency of journalists to pursue scandal-tinged stories at the cost of ignoring more substantive or analytical subjects. Although it is true that Congress rarely fails to provide grist for scandalous stories, the post-Watergate media was substantially more attracted to such stories than not.

Lobbying activities: public disclosure (see S. 2026), 27456

27456; August 5, 1977; Notice only of the introduction of S. 2026, a Mathias (R-Maryland) bill to require registration by lobbyists who directly contact members of congress or congressional staff, and who spend $2500 or more per quarter on lobbying, on which Muskie is a cosponsor. The bill is narrowly drawn to exclude all indirect lobbying or other public information efforts, and to respect the guidelines laid down in Supreme Court rulings on the first amendment right of free association and petition for redress of grievances.

SENATE RULES, PROCEDURES, ASSIGNMENTS, HOUSEKEEPING

1977 95th Congress, 1st Session

Committee, 458

458; January 10, 1977; Senate Committee assignments are made, but temporarily, pending the efforts of the Rules Committee to report on the reorganization of the Committee system, and Muskie’s name appears in the listing of Senators assigned to the various committees. These temporary assignments were necessary to enable the mundane housekeeping work of the Senate to continue, such as signing vouchers, hiring staff and so forth.

Senate committee system: amend resolution (S. Res. 4) relative to reorganization, 2587, 2908

2587; January 28, 1977; Muskie is shown as a cosponsor of a Church (D- Idaho) amendment to S. Res. 4, the committee system reorganization resolution, to retain the Special Committee on Aging, of which Church was Chairman and Muskie a member. Although Senators broadly agree that there are "too many" committees and subcommittees, whenever an effort is made to correct this state of affairs, most Senators find reasons to make exceptions for one or another committee. In this instance, Church’s amendment to keep the Aging Committee alive had 50 cosponsors.

2908; February 1, 1977; During debate on S. Res. 4, the Senate reorganization resolution, when Church (D- Idaho) calls up his amendment, Muskie is shown as a cosponsor along with the others. Muskie did not take part in the debate.

Newsletter: Senate committee reorganization, Senate Reorganization Telegraph, 2614-2631

2614-2631; January 28, 1977; During January, 1977, the Senate Rules Committee held hearings and lengthy executive sessions on S. Res. 4, a resolution reorganizing the Senate’s Committee system, and a Temporary Select Committee to Study the Senate Committee System was called into being. Its staff then published a regular daily newsletter summarizing the daily hearings and developments as the Rules Committee worked its way through the reorganization. The daily newsletter was made available to each Senator, and helped ensure that everyone who cared to read it remained abreast of the process and proposals being considered. In a pre-email age, the processing and sharing of information such as this required extraordinary effort, and the daily newsletter helped fill the information gap. An excerpt which summarizes Muskie’s testimony is provided as an example.

Members of Congress: pay adjustment process, 4327

4327; February 10, 1977; Muskie explains why he voted against a pay raise for members of Congress, the Judiciary and the upper levels of the Civil Service and executive branch appointees. Congress has never devised a pay scheme that is invulnerable to media and public criticism, a goal which is probably not achievable. This means that for many periods of time, congressional rates of pay can lag general wage increases considerably, thus demanding a much larger catch-up pay raise which is, of course, subject to criticism.

Committee on Aging (Special), 4379

Committee on the Budget, 4379

Committee on Environment and Public Works, 4379

Committee on Governmental Affairs, 4379

4379; February 11, 1977; Muskie is listed as a member of the Committees on Aging, Environment and Public Works, Government Affairs and Chairman of the Budget Committee when the Senate finally adopts the permanent committee assignments for the Congress.

Senate: privilege of the floor, 4757, 6053, 7127, 8046, 8333, 12796, 13310, 14654, 17829, 18014, 19248, 22227, 26293, 26420, 26841, 27990, 28456, 30400, 39165

Under the rules of the Senate, staff are permitted on the floor of the Senate only if they are listed at the beginning of each Congress as having floor privileges and they must vacate the floor when a vote occurs. The Senate doorkeepers maintain these lists and grant access only when there are not too many staff on the floor already and only for limited periods of time. If a Senator wishes to have staff members on the floor throughout a debate, unanimous consent must be obtained; this is routinely granted, but the formality of the request is preserved.

4757; February 21, 1977; Muskie asks that members of the Budget Committee staff and of the Government Affairs Committee staff be granted the privilege of the floor during debate on S. Con. Res. 10, a budget resolution.

6053; March 3, 1977; During debate on the conference report on S. Con. Res. 10, Muskie asks that Budget Committee staff be granted the privilege of the floor.

7127; March 10, 1977; During debate on S. 427, Public Employment Act, Muskie asks that Sally Walker of the Public Works Committee be granted the privilege of the floor.

8046; March 17, 1977; During debate on S. Res. 110, to establish a code of official conduct for Senators, Muskie asks that Charles Micoleau and Madeleine Albright of his staff and two staff members of the Governmental Affairs Committee be granted the privilege of the Senate floor.

8333; March 21, 1977; During debate on S. Res 110, he asks that Charlie Jacobs and Jim Davidson be given the privilege of the Senate floor.

12796; April 28, 1977; During debate on the tax bill, Muskie asks that Lee Lockwood and Al From have the privilege of the floor.

13310; May 3, 1977; At the opening of debate on S. Con. Res. 19, the first budget resolution, Muskie asks that a long list of Budget Committee staff be granted the privilege of the floor.

14654; May 13, 1977; At the beginning of debate on S. Con. Res. 19 conference report, Muskie again asks that Budget Committee staff be granted the privilege of the floor.

17829; June 7, 1977; During debate on S. 1523, the Housing and Urban Development bill, Muskie asks that numerous members of the Budget Committee staff be granted the privileges of the Senate floor.

18014; June 8, 1977; At the beginning of debate on S. 252, the Clean Air Act Amendments, Muskie asks that Public Works Committee staff be granted the privilege of the Senate floor.

19248; June 15, 1977; Muskie asks that Madeleine Albright be granted the privilege of the floor during debate on S. 1520, the International Development Assistance Act.

22227; July 11, 1977; Muskie gets approval for Haven Whiteside to have the privilege of the floor during debate on S. 1811, the civilian nuclear energy activities of ERDA.

26293; August 3, 1977; Muskie asks that Madeleine Albright be granted the privilege of the Senate floor during debate on S. 926, public financing for Senate elections.

26420; August 3, 1977; Muskie asks that Public Works Committee staff be given the privilege of the floor for S. 1952, federal water pollution control act amendments.

26841; August 4, 1977; Muskie asks that Public Works Committee staff be given the privilege of the floor for the conference report on H.R. 6161, Clean Air Act.

27990; September 7, 1977; Muskie asks that Budget Committee staff be granted the privilege of the Senate floor during debate on S. Con. Res. 43, the second concurrent budget resolution.

28456; September 9, 1977; Muskie asks that a member of the Harry F. Byrd (I- Virginia) staff be allowed on the floor during debate on S. Con. Res. 43, the second concurrent budget resolution.

30400; September 22, 1977; During debate on S. 2104, the comprehensive natural gas policy bill, Muskie asks that David Johnson admitted to the Senate floor.

39165; December 15, 1977; Muskie asks that Public Works Committee staff be given the privilege of the floor for H.R. 3199, the clean water bill.

Conferee, 5180, 7175, 10600

5180; February 24, 1977; Muskie is named as a conferee on S. Con. Res. 10, the first concurrent budget resolution.

7175; March 10, 1977; Muskie is named a conferee on H.R. 11, which passed the Senate as S. 427, the Public Works Employment Act of 1977.

10600; April 6, 1977; Muskie is appointed a conferee on H.R. 11, the Local Public Works Capital Development and Investment Act.

Tribute, 6063

6063; March 3, 1977; Byrd (D- West Virginia) pays tribute to Muskie and Bellmon (R-Oklahoma) on the handling of the budget resolution.

Senate: amend code of official conduct (S. Res. 110), 7962, 7964, 8046, 8158, 8264, 8355, 8593, 8776, 8977

Senate: Code of official conduct (S. Res. 110), 8046, 8157, 8158, 8160-8166, 8333-8336, 8339-8343, 8346-8349, 8355, 8356, 8576-8583, 8590, 8592-8595, 8598, 8599, 8836, 8837, 8844, 8977, 8978, 8991, 8992, 9787-9789

Senate: Code of official conduct (S. Res. 110), debate procedure, 8158-8160, 8356, 9771

List: Selected world renowned persons, talent agency brochure, 8163

Senate Speech makers and Coupon-Clippers, New York Times, 8334

Senators on the Speaking Circuit, Washington Post, 8335

Few Senators Lose Money in Office, T. R. Reid, Washington Post, 8335

Senate: legislative program, 8357

Senate Ethics Debate — What Income To Limit, Walter Pincus, Washington Post, 8577

Question of Ethics, Tom Braden, 8578

Results: Outside income for Senators, Harris poll, 8578, 8579

Ethics Reform, Brunswick (Maine) Times Record, 8579

Congressional Ethics May Have a Hollow Core, Charles Bartlett, Washington Star, 8580

Most Expensive Loophole, Wall Street Journal, 8594

Report: Senate Code of Ethics (summary), Committee on Official Conduct (Special), 8598

7962, 7964; March 17, 1977; Muskie introduces four amendments to S. Res. 110, a resolution establishing a code of ethics for members of the Senate. Part of the purpose of S. Res. 110 was to establish a limit on what Senators could earn from sources other than the official salary paid by the Senate, a limit to which Muskie took strong exception, since it permitted certain kinds of outside income but not the kind of outside income he earned, which was primarily from speech making for pay.

8046; March 17, 1977; After Nelson (D- Wisconsin) has introduced an amendment in the nature of a substitute, Muskie sends his amendments to the desk to be printed and discusses with Nelson the timing of debate and votes on amendments.

8157; March 18, 1977; Muskie discusses with Durkin (D- New Hampshire) the fact that the Durkin amendment, which is under discussion, will prevent a Senator from giving the proceeds from a speech to a charity, whereas the proposed rule as reported by the Committee permits that.

8158, 8160-8166; March 18, 1977; Muskie calls up his amendment No. 93, and after a discussion of timing for debate and other amendments, makes his opening statement on it. The amendment would have subjected all income, earned and unearned, to the same 15 percent limitation that is written into S. Res. 110, the ethics resolution. Muskie was sincerely indignant about the proposed limitation on outside income, for reasons well set forth in his speech.

8264; March 21, 1977; Notice only of Muskie’s filing an amendment No. 135 to the ethics resolution.

8333-8336, 8339-8343; March 21, 1977; As the debate on the Muskie amendment continues, Muskie observes that most of the editorial comment critical of him is based on the claim that his amendment would eliminate the limit on outside income, and which it does not do, but simply applies the limit to all income, from whatever source derived.

8346-8349; March 21, 1977; The debate continues with an exchange between Muskie and Eagleton (D-Missouri) which focuses primarily on the appearance of a potential conflict-of-interest and the fact that the House has accepted a 15 percent limitation on outside earned income so it will look greedy if Senators demand a higher limit. Muskie keeps insisting his amendment is not about earned income but about limiting unearned income to the same 15 percent.

8355; March 21, 1977; As the Senate gets ready to vote, Muskie has his amendment No. 92 printed with an explanation that its effect would be to eliminate the 15 percent limitation on honoraria income, retaining the $25,000 limit in place, and he has a brief exchange with Byrd (D-West Virginia) confirming this.

 

8356; March 21, 1977; A unanimous consent agreement is reached to provide for votes on Muskie’s amendments No. 93 and No. 92, and Muskie briefly indicates his approval.

8576-8583, 8590; March 22, 1977; Muskie reopens debate on his amendment No. 93 by making the observation that in private conversation, his colleagues say they agree with him, but that they are too scared of public opinion to do otherwise, or that they regard this vote as a payback for the pay raise, over which they have been taking flak. He continues to tussle with Nelson (D- Wisconsin) over the entire question of limiting earnings.

8592-8595; March 22, 1977; When the Senate has rejected the Muskie amendment, Muskie calls up an amendment to eliminate all limits on honoraria fees, the effect of which would leave in place the existing $25,000 honoraria limitation, and he defends his amendment.

8598, 8599; March 22, 1977; As the debate on his amendment winds down, Muskie makes some final observations about the atmosphere in which the code of conduct is being debate and adopted.

8776; March 23, 1977; Notice only of Muskie filing an amendment No. 150 to S. Res. 110, the ethics resolution.

8836, 8837; March 23, 1977; Muskie discusses with Durkin (D- New Hampshire) why a conflict of interest prohibition on income derived from non-Senate activities cannot also apply to unearned income from similar sources.

 

8844; March 23, 1977; In the midst of a brief discussion of the existing time agreement, Muskie is asked if he intends to call up a technical amendment and declines any such intention.

8977, 8978, March 24, 1977; Muskie offers an amendment to allow a committee staffer to retain holdings of potentially conflicted interests with the approval of his supervisor and the Ethic Committee.

8991, 8992; March 24, 1977; Muskie says he will support an amendment offered by Tower (R-Texas) which would prohibit any Senator accepting income from a federal subsidy, such as an agricultural price support program, or any business partly or fully subsidized by the federal government or regulated by the federal government. This amendment was a tongue-in-cheek proposal designed, in its author’s words, to highlight the silliness of the income limitations and other rules in the ethics resolution.

9771; March 31, 1977; As the debate slowly winds down, Byrd (D- West Virginia) indicates he intends to call for a live quorum and then inquire if any Senators intend to call up amendments, and in the course of the discussion, Muskie says he does not intend to call up any amendments but asks if there is likely to be time available at the final vote to briefly state his views.

9787-9789; March 31, 1977; Muskie makes his final statement on the ethics resolution, saying that since it appears that the income limit he objected to is seen as the centerpiece of the resolution, he intends to vote against it, despite the fact that he supports other elements in it, such as the disclosure provisions.

Acting President pro tempore, 12343

12343; April 27, 1977; Muskie is appointed the President Pro Tempore of the Senate in the absence of Eastland (D- Mississippi).

Senate proceedings: radio and TV coverage (see S. Res. 153), 14544

14544; May 12, 1977; Muskie is added as a cosponsor to a Metcalf (D- Montana) resolution dealing with the telecasting of Senate sessions. The Metcalf proposal was to establish a 1-year test of televised and broadcast coverage of the Senate, to enable Senators to monitor floor activity from their offices, and to determine how much or how little disruption continuous coverage would have on daily proceedings.

"Compendium of Materials on Zero-Based Budgeting in the States": printing as Senate document (see S. Res. 192), 18637

18637; June 13, 1977; Muskie submits a resolution, S. Res. 192, to have a compilation of materials on zero-based budgeting printed as a Senate document and to have 1200 copies provided for the Subcommittee on Intergovernmental Relations.

Letter: Printing of "Compendium of Materials on Zero Based Budgeting in the States", by, 20814

20814; June 24, 1977; Byrd (D- West Virginia) asks that a resolution to order additional prints of a Senate publication on zero-based budgeting be approved, and includes a letter from a number of Senators, including Muskie, describing the need for additional copies.

Legislative branch: appropriations (H.R. 7932), 23528

23528; July 18, 1977; Muskie says that H.R. 7932, the legislative branch appropriation falls within the budget guidelines, but notes that it appropriates less than the House has done, and warns that Senate conferees should make an effort to stay within Senate spending limits on the final form of the bill.

Natural gas: comprehensive policy (S. 2104), keyed amendment inquiry, 31591

Natural gas: deregulation (S. 2104), 31591, 31592, 31859, 31862, 31867-31869, 31916, 32301, 32302

Natural gas: comprehensive policy (S. 2104), 31591, 31592, 31859, 31862, 31867-31869, 31916, 32301, 32302

Natural gas: comprehensive policy (S. 2104), dilatory amendments, 31859

Senate: Chair ruling that appeal from the decision of the Chair is dilatory, 31862, 31868-31869

Natural gas: comprehensive policy (S. 2104), Robert C. Byrd point of order on dilatory amendments, 31916, 31917, 31923

Letter: Amendments to natural gas deregulation bill, Senator Stevens, 31923

Natural gas: comprehensive policy (S. 2104), debate procedure, 31923, 31929

31591, 31592; September 29, 1977; During the debate on S. 2104, a bill to deregulate the price of natural gas and to establish a comprehensive policy for natural gas, a filibuster was undertaken, primarily by Metzenbaum (D- Ohio) in protest against the entire concept of price deregulation. In this period, with all energy prices soaring and imposing substantial hardships on the low income and those on fixed incomes, the suspicion of the energy companies’ motives was unbridled, and the opposition to what were seen as further government-enabled price hikes was enormous. From a broader perspective, the entire federal and state regulatory regime for energy and utilities was in transition, fueling violent disagreement over the direction to take. In this context, the Metzenbaum post-cloture filibuster-within-a-filibuster was an original technique of using the Senate’s own rules to frustrate and delay substantive debate and votes on the core underlying issue: natural gas pricing policy. Instead, the debate actually devolved into an extensive and long-winded argument over Senate rules, as this Muskie statement illustrates.

31859; October 1, 1977; In the continuing filibuster on the natural gas policy bill, Long (D-Louisiana) announces he will seek a ruling from the chair that any additional amendments be ruled out of order as dilatory, a proposition to which Muskie objects.

31862; October 1, 1977; In the continued debate over the meaning of Senate rules which are intended to minimize dilatory motions, Muskie makes the argument that in the process of numerous rulings by the chair, precedents are being established which could culminate with the Senate not being able to make the determination of what the rules mean.

31867-31869; October 1, 1977; Continuing from the point he raised about the power of the presiding officer to create precedents in the Senate rules, Muskie asks for and obtains a short period of debate before his contention is voted upon.

31916, 31917; October 3, 1977; As the stalemate over the natural gas bill continues, the Majority Leader, Byrd (D- West Virginia) makes the point that since cloture was invoked over an amendment in the nature of a substitute, no amendments to the underlying bill can be in order, and that only if the substitute is voted down can the underlying bill be further amended. In the short debate that follows, Muskie clarifies if this is the means by which the vote upholding the right to appeal the ruling of the chair is to be negated. In this session, the Vice President was occupying the chair as presiding officer, a circumstance which generally suggests that a very close vote may be anticipated.

31923; October 3, 1977; Following a testy exchange between various Senators and the Vice President, Stevens (R-Alaska) sought to recall several amendment he had at the desk on the grounds that he did not intend to call them up and wanted to make sure no one else could use them for further delay by calling them up, and the debate turned on whether the personal privilege of recalling an amendment already filed could be permitted, with Muskie making the case that if they could, all debate could simply be cut off a day after cloture was voted, giving no time for further debate.

31929; October 3, 1977; As the process of rolling up the filibuster-by-rule continues, Muskie makes the observation that changes to the Senate rules are now being made in this one debate which will be applicable to future debates in which proponents might well be on the losing side.

32301, 32302; October 4 1977; As the natural gas pricing debate finally winds down, Muskie makes a statement setting forth his own view, that gas producers have already enjoyed very healthy profits and should not need any further "incentive" to produce more gas under the circumstances.

BUDGET, TAXES, FISCAL POLICY

1977 1st Session, 95th Congress

Committee on the Budget: notice of hearings, 48, 2791, 22346

48; January 4, 1977; Muskie announces Budget Committee hearings to review the economic outlook and to examine whether or not a third budget resolution for fiscal year 1977 is warranted by that outlook.

2791; January 31, 1977; Muskie says hearings will be held on the third budget resolution for 1977 and the proposed Carter economic stimulus plan.

22346; July 12, 1977; Muskie announces that the Budget Committee will hold hearings on the second budget resolution for fiscal year 1978, and explore in more detail the economic effects of the administration’s proposals in the area of energy and youth employment.

Budget Reorganization Problems and Benefits, 2656

2656; January 31, 1977; In the House of Representatives, Congressman Charlie Wilson (D- California) explores the meaning of the concept of zero-base budgeting. During the 1976 presidential election campaign, candidate Carter had claimed his use of zero base budgeting brought order and control to the budget of the state of Georgia, and often noted his intention of applying the concept and its methods to the federal government. Beginning as a corporate management concept in the 1960s, by the second half of the 1970s, zero-base budgeting was in use to some extent in six states, numerous cities, and several hundred corporations. In the course of describing zero-base budgeting, the Congressman mentions its similarity to Muskie’s sunset concept for evaluating federal programs.

Report: Committee on the Budget, 4169, 6923, 7292, 7538, 8763, 10144, 11048, 12964, 13059, 14263, 15207, 18425, 21187, 21529, 21759, 22188, 22747, 23065, 24506, 26351, 26857, 28544, 30202, 31944, 33070, 33242, 33550

Committee on Rules and Administration: amend S. Res. 78, authorizing additional expenditures for (See S. Res. 211), 21529

4169; February 10, 1977; Muskie reports S. Con. Res. 10, the third concurrent budget resolution for fiscal year 1977, Report 95-9, and S. Res. 54, a section 402(a) waiver for S. 521, a bill to amend the John F. Kennedy Center Act, Report No. 95-10.

6923; March 9, 1977; Muskie reports S. Res. 106, a section 402(a) resolution clearing the way for debate and votes on the Public Works Employment Act, S. 427, which was taken up and passed in the same day.

7292; March 11, 1977; Muskie reports S. Res. 108, a section 402(a) waiver for S. 489, a bill to amend the Foreign Assistance Act of 1961, Report 95-50.

7538; March 15, 1977; Muskie reports S. Res. 107, a section 303(a) waiver for consideration of S. 650, temporary emergency assistance to wheat farmers, Report 95-52.

8763; March 23, 1977; Muskie reports S. Res 121, a section 402(a) waiver for S. 1025, to increase funding for the Securities and Exchange Commission, Report 95-63.

10144; April 4, 1977; Muskie reports two section 402(a) waivers for the Energy Research and Development Act bills, S. Res. 127 and 129, for S. 36, authorizing nonnuclear research and development, Report No. 95-83, and S. 266, authorizing funds for nuclear research, Report 95-84.

11048; April 18, 1977; Muskie reports S. Res. 126, a section 303(a) waiver for H.R. 3477, providing for a refund of 1976 individual income taxes, Report 95-89, and S. Con Res. 19, the First Concurrent Budget Resolution for fiscal year 1978, Report No. 95-90.

12964; April 29, 1977; Muskie reports an original resolution, S. Res. 159, authorizing additional expenditure by the Committee on the Budget.

13059; May 2, 1977; Muskie report S. Res. 143, waiving section 402(a) for consideration of H.R. 5040, a Department of State authorization, Report 95-116.

14263; May 11, 1977; Muskie reports S. Res 165, waiving section 402(a) for the consideration of S. 1279, emergency Commerce Department action to mitigate drought effects, Report 95-132, and S. Res. 163, a section 402(a) waiver for S. 11, a bill for the appointment of additional district court judges, Report 95-133.

15207; M ay 18, 1977, Muskie reports three waivers of section 402(a) of the budget act, S. Res. 169 for S. 7, the Surface Mining Act, Report 95-218; S. Res. 171 for S. 1305, authorizing Small Business Administration disaster loans in emergency conditions, Report 95-219; and S. Res. 174, for S. 1442, authorizing increases for Small Business Administration loans, Report 95-220.

18425; June 10, 1977; Muskie reports two section 402(a) waivers, S. Res. 178 for S. 1231, the Civil Rights Commission authorization, Report 95-264, and S. Res. 180 for S. 1061, amending the D.C. self-government act, Report 95-265.

21187; June 28, 1977; Muskie reports eight section 402(a) waivers of the budget act as follows:

S. Res. 197 for S. 1420, amending the School Lunch and Child Nutrition programs, Report No. 95-306; S. Res. 199 for S. 1341, authorizing research for military programs with potential civilian energy applications, Report No. 95-307; S. Res. 200 for H.R. 6415, extending the Export-Import Bank Act of 1945, Report No. 95-202; S. Res. 202 for S. 1522, the Marine Mammals Protection Act, Report No. 95-309; S. Res. 204 for S.9, the Outer Continental Shelf oil and gas management act, Report 95-310; S. Res. 208 for S. 660, authorizing settlement of interests in the riverbed of the Arkansas River by native tribes, Report No. 95-311; S. Res. 209 for H.R. 4992, Indian business development programs, Report No. 95-312; and S. Res. 210 for H R. 4585, funding for the Indian Claims Commission, Report No. 95-313.

21529; June 29, 1977; Muskie reports S. Res. 211, an original resolution providing for additional funding for the Budget Committee

21759; June 30, 1977; Muskie reports S. Res. 212, a section 402(a) waiver for S. 1307, clarifying veterans’ eligibility for benefits during temporarily revised standards for less than honorable discharges, Report No. 95-322.

22188; July 11, 1977; Muskie reports S. Res. 16, a section 402(a) waiver for S. 1811, the Energy Research and Development Administration’s civilian nuclear energy applications, Report No. 95-335.

22747; July 13, 1977; Muskie reports S. Res. 206, a section 402(a) waiver for S. 926, authorizing public financing for Senate elections, Report No. 95-341.

23065; July 14, 1977; Muskie reports S. Res. 218, a section 402(a) for S. 1678, the Insecticide, Fungicide and Rodenticide Act, Report No. 95-345.

24506; July 22, 1977; Muskie reports S. Res. 217, a section 402(a) waiver for H.R. 6550, authorizing appropriations for U.S. territories, Report No. 95-358

26351; August 3, 1977; Muskie reports two resolutions, S. Res. 233, a section 402(a) waiver for the clean water bill, S. 1952, Report No. 95-393; and S. Res. 228, for S. 977, electrical plant siting bill, report 95-394.

26857; August 4, 1977; Muskie reports two section 402(a) waiver resolutions; S. Res. 229, waiving section 402(a) waiver for S. 1217, regulating research on DNA, Report No. 95-397, and S. Res. 235, for S. 1306, emergency authority for the Small Business Administration to deal with drought relief, Report No. 95-398, along with S. Con Res. 43, the second concurrent budget resolution for fiscal year 1978, Report No. 95-399.

28544; September 9, 1977; Muskie reports three resolutions, all section 402(a) waivers, S. Res. 240, for H.R. 5027, veterans health care legislation, Report No. 95-414, S. Res. 246, for S. 1731, special pay provisions for health care professionals in the uniformed services, Report No 95-415, and S. Res. 257, for S. 2057, establishing a national energy conservation policy, Report No. 95-416.

30202; September 21, 1977; Muskie reports S. Res. 245, a section 402(a) waiver for S. 1682, to implement extradition treaties, Report No. 95-447.

31944; October 3, 1977; Muskie reports three waivers of section 402(a), S. Res. 263, for S. 2114, a bill to encourage energy conservation by public utilities, Report No. 95-462; S. Res. 270 for S. 785, a bill conveying two thousand and seven hundred acres to the Paiute and Shoshone Tribes of the Fallon Indian Reservation, Report No. 95-463; and S. Res. 273 for S. 1863, a military procurement bill, Report No. 95-464.

33070; October 10, 1977; Muskie reports S. Res 283, a section 402(a) waiver for S. 2108, a bill to amend the Indochina Migration and Refugee Assistance Act, Report No. 95-484

33242; October 11, 1977; Muskie reports two section 402(a) waivers, S. Res. 286 for S. 897, a bill to strengthen non-proliferation policies, Report No. 95-487; and S. Res. 274 for S. 1582, relating to the settlement of certain water rights claims by the Ak-Chin Indians, Report No. 95-488.

33550; October 13, 1977; Muskie reports a resolution waiving section 402(a) of the budget act, S. Res. 287 for S. 2149, a bill to create the district court of the Northern Mariana Islands, Report No. 95-496.

Congressional budget: revision for fiscal year 1977 (see S. Con. Res.10),4271

4271; February 10, 1977; The Budget Committee’s report on S. Con. Res. 10, the third concurrent budget resolution for fiscal year 1977 is printed, providing the aggregate amounts to be available for the broad functional categories of the budget. As Muskie frequently reiterated to his colleagues, the Budget Committee did not have the jurisdictional authority to examine individual programs, instead focusing on the broad functional categories of programs and establishing spending limits by functional category, not program-by-program. The particular functions used, as illustrated by this report, reflected the breakup of spending used by the Office of Management and Budget, rather than by Senate Committee jurisdictions, meaning that in a large number of instances, more than one Senate Committee was responsible for authorizing programs under a single function.

Congressional budget: resolution (S. Con. Res. 10) revising, 4757-4767, 4887, 4889-4891, 4893, 4894

Table: Congressional budget-fiscal year 1977-summary (sundry), 4758, 4759

Congressional Budget for Fiscal Year 1977, Senator Bellmon, 4761

Congressional Budget for Fiscal Year 1977: Senator Magnuson, 4762

Table: Revenue effects of 1975-76 tax reductions, 4890

4757; February 21, 1977; As the third concurrent budget resolution for 1977, S. Con. Res. 10 is called up, and before making his formal opening remarks, Muskie engages in a brief colloquy with Jackson (D- Washington) to assure him that the budget process is flexible enough to accommodate emergency aid to the drought-stricken northwest.

4758- 4767; February 21, 1977; Muskie makes his opening statement on the third budget resolution, in which he emphasizes that current economic conditions have required revision in the spending and taxing decisions Congress made the previous September in order to provide more stimulus to the economy and move toward the goal of reducing unemployment over the next two years. At this time, the predominant belief on the part of economists was that positive and targeted stimulation of the economy by the government was the best means by which to hold down the jobless rate and encourage greater economic activity.

4887, 4889-4891, 4893, 4894; February 22, 1977; The debate on the third budget resolution continues. Javits (R-New York) argues for a larger response to unemployment, and notes that he sent Muskie a letter in December urging the goal of 1 million public service jobs. Bellmon (R-Oklahoma) reiterates his hope that there would be no need to spend up to the limits in the third budget resolution, and Domenici (R-New Mexico) explains why he will not vote for it, which is his disagreement with a policy it is meant to cover, the Carter proposal to grant a $50 rebate to every taxpayer. Other colleagues express different points of view and the resolution is ready for an up and down vote.

Congressional budget: provisions of S. Con. Res. 10, revising, conference report, 6053-6055, 6059, 6062,6063

Congress Utilizing Its New Tools in Creating Budget, James L. Rowe, Washington Post, 6053

Report: Congressional Budget Resolution (S. Con. Res. 10), Committee of Conference, 6056-6059

Table: Congressional budget resolution (selected data), 6056

6053-6059, 6062, 6063; March 3, 1977; Muskie opens debate on the conference report on S. Con. Res. 10, the third budget resolution for fiscal year 1977, outlining the differences between the two houses, and the highlights of spending reductions and increases in the different budget functions. Muskie emphasizes that the budget is a product of the Congress, with input from the President, restating Congressional authority in the face of the new President’s expectation that his priorities would constitute the primary influence on budget decisions, a theme echoed by Republican Senators. Concurrent with this debate, there was a great deal of public speculation about the $50 tax rebate which Carter favored, with Carter partisans claiming that the Budget Committees had endorsed that approach, while opponents argued instead for a permanent tax rate reduction.

Income tax: rebate proposal, 10882

Table: Unified budget receipts — outlays and surplus or deficits, 1958-78, 10884

10882, 10884; April 7, 1977; Muskie recaps the economic factors that led to the conclusion on the part of the Congress that greater economic stimulus was needed to keep the economy from falling back into recession, and argues that small shifts in individual economic statistics ought not lead to the conclusion that no stimulus is needed. Although the third budget resolution providing for the stimulus had passed earlier and easily, House refusal to move on the public works program over an unrelated argument about the clean water act, and the President’s own tendency to change his mind about such issues as farm prices, meant that a stimulus which was supposed to be put in place promptly had still not been enacted a month later. Muskie’s remarks were in the nature of an effort to encourage the administration to hold firm to its policy.

Tax Rebate, by (sundry), 11063, 11254, 11255

Tax rebate: withdrawal of Presidential support, 11063-11066

Tax Reduction and Simplification Act: consideration of administration-amended legislation (H.R.3477), 11063-11066

11063-11066; April 18, 1977; President Carter withdrew his proposal for a tax rebate on April 14 a decision widely reported as preempting its likely defeat in the Senate, where sentiment against the rebate had spread. Muskie and Long (D- Louisiana) discuss how best to proceed on the tax bill, which had included the $50 rebate, and was reported for Senate action, and Muskie observes that not only the tax bill but also the third budget resolution for 1977 now assumes additional billions in stimulus for which there is no agreed-upon provision before the Congress.

Tax Reduction and Simplification Act: resolution (S. Res. 126) for consideration of H.R. 3477, 11253, 11254, 11256

11253, 11254, 11256; April 19, 1977; Muskie describes the situation with respect to a section 303(a) waiver of the budget act to allow consideration of H.R. 3477, the tax bill, and says the waiver resolution, S. Res. 126, has been approved by the members of the Budget Committee. Following some clarification of the need for the budget act waiver, the waiver resolution is passed on a voice vote.

 

Tax Reduction and Simplification Act: enact (H.R. 3477), 11729-11732, 11737-11740, 12424-12427, 12769-12772, 12775, 12781, 12808, 12939-12944

Table: Tax rebate and simplification — budget situation, 11729

Table: Average annual employment growth, by States, 11731, 11732

Recent Economic News, CBO Director Rivlin, 12425

Insulation: tax credit for expenses related to residential, 12775

Unemployment: assistance to States with high rate of, 12781

Tax Reduction and Simplification Act: amend bill to enact (H.R. 3477), 12006, 12741, 12764, 12938, 12944

Tax Reduction and Simplification Act: enact (H.R. 3477), debate procedure, 12823

11729-11732; April 21, 1977; During debate on H.R. 3477, the Tax Reduction and Simplification Act, Muskie says he has changed his mind about moving on the tax bill before the first budget resolution for 1978 is considered, because the result will be to alter the budget resolution to conform to the tax bill rather than the other way around, and goes on to comment on the tax bill and its interaction with the budget resolutions.

11737-11740; Aril 21, 1977; As debate continues on the tax bill, Muskie and Long (D-Louisiana) clash over Muskie’s claim that by voting for a provision that would cost $2 billion, the Senate has voted to increase next year’s deficit by $2 billion.

12006; April 25, 1977; Muskie is shown as a cosponsor of a McClellan amendment, No. 219, to H.R. 3477, the tax simplification bill. The amendment’s purpose was to broaden exceptions to corporate accounting requirements for agricultural corporations owned by members of one family. The purpose of requiring accrual accounting in the case of farm corporations was to help curb the use of farm investments to shield unrelated income from taxes, but the 1976 version of the law affected poultry producers in Arkansas as well as one in Maine.

12424-12427; April 27, 1977; Muskie describes the action the Budget Committee has taken to rework the third budget resolution for 1977 to take account of the disappearance of the tax rebate and to adjust the 1978 first budget figures accordingly, and points out that while a proposed Republican permanent tax rate cut could be within budget ceilings for 1977, it would not be within budget ceilings for 1978.

12769-12772; April 28, 1977; Muskie supports a McClellan (D- Arkansas) amendment to delay for one year the required use of accrual accounting by farm corporations, arguing that time is needed to determine how to correct the anomaly by which exceptions to this requirement appear to favor some companies and not others. He clashes with Kennedy (D- Massachusetts) because a Maine corporation is directly affected by this provision.

12775 [correct page 12795]; April 28, 1977; This index entry identifies the wrong page number. Muskie explains he is voting to table a Hansen (R-Idaho) proposal to provide a $225 tax credit for insulation because it would be better to include that cost in the energy legislation, where the President’s proposal is for a $410 insulation credit. Insulation and conservation credits were a popular vehicle as a means of demonstrating concern about the energy crisis.

12781; April 28, 1977; Muskie speaks in opposition to a Chafee (R-Rhode Island) amendment which would have made the employment tax credit more widely available to companies that had not been able to increase their payroll by three percent. Muskie’s argument is that the tax bill’s costs are already over the allowance for tax reductions in the 1978 budget, and this amendment would reduce revenue by another $700 million.

12808; April 28, 1977; Muskie joins Kennedy (D-Massachusetts) and Long (D- Louisiana) in opposing an amendment to index personal deductions so as to offset the effect of inflation forcing people into higher tax rate brackets, with Muskie pointing out that if everything were indexed to inflation, a great deal of congressional work would be saved, since the entire budget would be on autopilot. The rather abrupt dismissal of a proposal which, in fact, became law four years later serves to illustrate how dramatically conventional wisdom can be turned on its head by events.

12823; April 28, 1977; Muskie asks that his amendment be included among those to be covered by a unanimous consent agreement setting up the schedule of debates and votes on assorted amendments to the tax bill.

12939-12944; April 29, 1977; Muskie offers his amendment to the tax bill, which extends by five years the countercyclical anti-recession program of aid to state and local governments, arguing that the President’s withdrawal of the $50 rebate makes this assistance more important than ever if the economy is to avoid another dip into recession. Muskie verbally reaches agreement with Long (D- Louisiana) to reduce the amendment to six quarters rather than to twenty-two so it can be passed.

Committee on the Budget: reassessment of status of third budget resolution, 11936

Testimony: Third Budget Resolution-Reassessment of Economic Situation with Messrs. Ooms and Haggart, 11936-11938

11936-11938; April 22, 1977; Following Carter’s withdrawal of his$50 tax rebate proposal, Muskie says the Budget Committee staff has undertaken an economic analysis to understand the basis for the administration’s turnaround on economic policy which will be useful to have on hand as the Senate considers tax relief issues.

Committee on the Budget: additional expenditures (see S. Res. 159), 12982

12982; April 29, 1977; Muskie reports an original resolution, S. Res. 159, authorizing additional spending by the Budget Committee for staff salaries and for hiring consultants. This is a routine resolution of the kind that all Committee chairmen reported each year.

Congressional budget: setting forth for 1978 (S. Con. Res. 19), 13310-13315, 13319-13321, 13328, 13549, 13550, 13553, 13555-13559, 13561, 13565, 13568, 13571, 13573, 13574, 13576, 13578, 13579, 13581, 13586, 13589-13591, 13600

Congressional budget: setting forth for 1978 , amend (S. Con. Res. 19), 12982, 13310, 13589

Table: Explanation of $50 billion increase in outlays between 1977 and 1978, 13549

Letter: Repeal limit on social security outside earnings, by, 13580, 13597

Table: Economic assumptions (1977-78), 13313

Congressional budget: setting forth for 1978 (S. Con. Res. 19), debate procedure, 13549

Housing and community development: funding, 13558

Table: First concurrent resolution on the budget as passed by Senate (fiscal year 1978), 13590

13310-13315; May 3, 1977; Muskie opens debate on S. Con. Res. 19, the first budget resolution for fiscal year 1978, and offers an amendment which would have the effect of modifying the third budget resolution for 1977 to take account of the administration’s reversal on its tax rebate plan, He makes the point that the budget resolution is a policy tool, as well as a means of controlling spending, and explains the distinction between budget outlays and budget authority.

13319-13321; May 3, 1977; As Byrd (I- Virginia) criticizes the budget resolution because it contains a deficit higher than Carter’s, Muskie explains that the numbers are derived as much from differing economic assumptions as from different spending plans. Byrd’s complaint was that the deficit was not projected to be lower. This approach to budgeting became a constant refrain, as Senators all demanded lower deficits while none were prepared to vote for actual spending cuts.

13328; May 3, 1977; Muskie closes the first day’s debate on the budget resolution, and thanks his colleagues for allowing pertinent facts to be entered in the record.

13549, 13550, 13553; May 4, 1977; Muskie answers a question from Ribicoff (D- Connecticut) about a Carter child health plan and the budget, and then responds to a Javits (R-New York)– Humphrey (D- Minnesota) amendment to add $500 million for youth employment programs to the $2 billion already in the budget. Once assured that this money will be forthcoming if the program can be established and operational in time, the amendment is withdrawn.

13555-13559; May 4, 1977; As the budget debate continues, Proxmire offers an amendment to reinstate funding for community development which the Budget Committee had reduced, on the grounds that sufficient funding was in the pipeline and additional budget authority was not needed. Muskie explains that although this is being treated as a program cut, in fact it is a reduction in a budget function which provides more for that function than the Carter administration requested, and can be implemented in any way the full Congress sees fit.

13561, 13565; May 4, 1977; Muskie explains that he supports the budget resolution as Chairman of the committee, even when the resolution contains funding figures he personally did not vote for in committee, and his colleagues continue to debate an amendment to add funds for assisted housing programs.

13568; May 4, 1977; Muskie briefly clarifies the voting agreement under which the two Proxmire (D- Wisconsin) amendments are being considered.

13571, 13573, 13574; May 4, 1977; As his colleagues discuss the Cranston (D- California) amendment adding $500 million for veterans’ benefits, Muskie points out that while the other authorizing committees’ requests were cut by an average of eight percent, the Veterans’ Affairs Committee’s request was cut only by 3.4 percent, less than half.

13576; May 4, 1977; Muskie notes that by the three votes which a majority of Senators have supported, they have already added $7.2 billion to the budget deficit.

13578, 13579, 13581; May 4, 1977; As Hayakawa (R-California) prepares to offer his amendment, Stevens (R-Alaska) inquires of Muskie about the interaction between the budget resolution and the goal of raising the income limitations on earnings by social security recipients, and Roth (R-Delaware) queries whether the budget numbers could accommodate his college tuition tax credit.

13586; May 4, 1977; Muskie closes a discussion of the Hayakawa (R-California) amendment to reduce from $4.2 billion to $2.2 billion the amount provided for public employment jobs, on the grounds that it cannot be readily or effectively used.

13589-13591; May 4, 1977; As the debate begins to wind down, Domenici (R-New Mexico) offers an amendment to restore the levels of budget authority in the areas of community development, income security and veterans’ affairs, thus in effect rolling back the three amendments the Senate passed earlier in the day. Muskie says he knows the margins by which the committee lost those three votes, but will support the amendment anyway.

13597; May 4, 1977; Stevens (R-Alaska) notes that he has received a helpful response from Muskie to a letter questioning the budgetary status of legislation to eliminate the earnings limitation for Social Security recipients, an idea which gained substantial support among Republican Senators at this time.

13600; May 4, 1977; In a continuing effort to explain budgetary terms and conventions to his colleagues, Muskie provides a brief discussion of the differences between the unified federal budget and the National Income Accounts budget to account for the reason that the latter shows a massive $50 billion increase in spending from 1977 to 1978.

Who Wants To Spend Your Money? President Carter and the Honeymooners, John Drake and Svend Petersen, National Review, 13424-13427

13424-13427; May 4, 1977; Symms (R-Idaho) inserts an article that purports to prove that only a small percentage of Congressmen are responsible for the largest spending proposals. The article mentions Muskie as the principal sponsor of the countercyclical program of assistance to state and local governments.

Budget: administration's hope for a balanced, 13479

13479; May 4, 1977; Muskie has a brief exchange with Byrd (I- Virginia) over the question of the president’s commitment to balancing the budget.

Conferee on S. Con. Res. 19, congressional budget for 1978, 13984

13984; May 9, 1977; Muskie is appointed a conferee on S. Con. Res. 19, the first budget resolution.

First concurrent budget resolution; conferees reach agreement, 14321

14321; May 11, 1977; Muskie reports that House-Senate conferees on the first budget resolution have reached agreement and hopes the debate can take place on Friday, May 13, so as to come within the statutory deadline of May 15.

Congressional Budget for 1978 (S. Con. committee of conference (joint), 14654

Congressional budget: setting forth for 1978 (S. Con. Res. 19), conference report, 14654, 14673

Table: Congressional budget aggregates and functional categories, 1978, 14661

Letter: Congressional budget for 1978, Senator Long, 14664

Table: Carter budget compared to conference agreement on S. Con. Res. 19, 14667

14654; May 13, 1977; Muskie describes the conference report on S. Con. Res. 19, the first budget resolution, and notes that the conferees almost failed to reach agreement because of the House’s insistence on its defense numbers and the Republican insistence on raising them, and his colleagues express their views on the conference report when he has finished speaking.

Tax Reduction and Simplification Act: enact (H.R. 3477), conference report, 14867, 14870-14872

14867; May 16, 1977; Muskie comments favorably on the conference version of the Tax Reduction and Simplification Act, H.R. 3477, whose Senate passage he opposed, saying that the conference has stripped some of the excess out of the Senate version and that the measure now meets the budgetary levels that the Congress has approved.

14870; May 16, 1977; As the Senate prepares for the second debate on the tax bill, dealing with the countercyclical amendment which was finally accepted by the House, Muskie notes his support for the concept of offsetting restrictive fiscal actions at the state and local level during a period of recession.

Fiscal year 1978 budget, 18011

Budget deficit: fiscal year 1978, 18011

Lance Criticizes Banks for Prime Rate Jump, Washington Post, 18012

18011, 18012; June 8, 1977; Muskie reacts to a news story which quotes the Budget Director, Bert Lance, as claiming the deficit is $7 billion higher mainly due to congressional spending, and proceeds to rebut this claim. Few things were a greater irritant than the Carter administration’s tendency to blame the Congress for its own economic shortcomings.

Senate budget scorekeeping reports for fiscal year 1978, 18442

18442; June 10, 1977; Muskie notes that the 1978 scorekeeping reports have been distributed and that they will be issued weekly as long as Congress is in session, so that members can know how the bills they are voting on relate to the budget resolution and the amount of funds available to be spent on any specific function.

Committee on the Budget: report on proposed resolutions, 21267, 21269-21271

Letter: Budget procedure-report to committee (sundry exchanges with Senators Talmadge, Jackson and Robert Byrd), 21268-21271

21267, 21268-21271; June 28, 1977; Muskie raises the issue of budgetary waivers for bills reported after the May 15 reporting deadline, and produces several exchanges of letters he has had with Chairmen of committees whose programs have been delayed because of Carter administration budget requests that came later than normal.

Legislation affecting congressional budget process: joint referral, 26709, 26710

List: Legislative proposals affecting congressional budget process, 26709

26709, 26710; August 4, 1977; Muskie makes a unanimous request that any legislation designed to affect the budget process be jointly referred to the Budget Committee and the Committee on Governmental Affairs, and clarifies that this does not mean the substance of deferrals, but merely the mechanics of the budget process itself.

Congressional budget: revising (see S. Con. Res.43), 26882

26882; August 4, 1977; Muskie reports the second budget resolution, S. Con. Res. 43, with a reconciliation requirement for the Agriculture Committee so that it may stay within the $12 billion in budget authority.

Congressional budget for 1978: resolution (S. Con. Res. 43) revising, unanimous-consent agreement, 27986

27986; September 7, 1977; Muskie interjects a comment as a complicated unanimous consent agreement for consideration of S. Con. Res. 43, the second budget resolution and an unrelated coal conversion bill is hammered out.

Congressional budget for 1978: resolution (S. Con. Res. 43) revising, 27989-27994, 28178, 28180-28186, 28188, 28191, 28192, 28446, 28451-28456, 28458-28463, 28466, 28469-28471, 28473-28479

Table: Congressional budget for 1978 (summary), 27991

List: Aid to families with dependent children (Curtis Duncan proposal in S. 1719), 28460

College tuition: effect of tax credit, 28466

Letter: Tax credit for college tuition, Secretary Califano, 28466

Table: Budget summary for fiscal year 1978, 28180

Tax cut: increase of deficit, 28451-28455, 28459-28462

Congressional budget for 1978: resolution (S. Con. Res. 43) revising, passed instead, 28478

Table: Budget assumptions regarding social security and welfare programs, 28479

Conferee on H. Con. Res. budget revision, 28480

Congressional budget for 1978: resolution (H. Con. Res. 341) revising, conference requested, 28480

27989-27994; September 7, 1977; Muskie opens debate on S. Con. Res. 43, the second budget resolution, describing in broad terms what it contains and commenting on the reconciliation instruction which requires the Committee on Agriculture to reduce price supports or in other ways to cut back its projected spending.

28178, 28180-28186; September 8, 1977; Talmadge (D- Georgia) lays down his amendment whose effect is to add $700 million to the functional totals for agriculture spending, and argues that while he’s in favor of deficit reduction, it can’t be done at the expense of farmers, a predictable variant on the argument that all deficit reduction is good except that involved directly in the matter under discussion. Muskie counters with a recap of the history of the year’s farm bill and its inexorable cost growth.

28188, 28191, 28192; September 8, 1977; As the debate winds down and the Senate prepares to vote, Muskie sums up his argument, and his colleagues do so as well. The amendment passed 64-27, and, as he had predicted, the majority of his Budget Committee colleagues voted in favor of it.

28446; September 9, 1977; Muskie and Byrd (D-West Virginia) make some observations about how time on the second budget resolution is running out and Senators are not arriving on the floor so as to call up their amendments for debate.

28451-28456; September 9, 1977; Muskie responds to a Roth (R-Delaware) amendment to the budget resolution by observing that Roth has never voted for a budget resolution, so his evident preference for a different economic policy as illustrated by his proposal for a permanent ten percent cut in income tax rates does not constitute an argument in favor of it. When the Roth amendment fails 23-63, Muskie tries to sort out the order and timing of other amendments.

28458-28463; September 9, 1977; Muskie argues that a proposed Hayakawa (R-California) amendment repackages the Roth (R-Delaware) across-the-board tax rate cut, which the Senate has already rejected, and couples it with savings proposals to reduce health, food stamp funding and other human resources programs, which, Muskie says, are not supported by the Finance Committee and which have already been implicitly rejected by Congress’s votes in recent months.

28466, 28469-28471; September 9, 1977; Muskie explains that he will move to table a Roth (R-Delaware) amendment to provide a college tuition tax credit, by cutting the budget resolution’s revenue number to accommodate such a tax change. Muskie explains that since the budget resolution does not comprise legislation, the effect of reducing the revenue number will be to leave a certain amount of money available to anyone able to come to the floor first with some way to utilize it.

28473-28475; September 9, 1977; Muskie complains about the inadequacy of executive branch notice of a need to expand spending for the Small Business Administration disaster loan program, which was made available to farmers facing emergency conditions, but for which the agency did not request additional funding. Muskie has worked out a short term compromise to accommodate an additional $0.2 billion funding for this program in the short term.

28476; September 9, 1977; As debate on the budget resolution winds up, Sasser (D-Tennessee) says he recognizes that the budget resolution does not endorse specific spending items, but asks if it is fair to make the assumption that funds for the Clinch River Breeder Reactor, a nuclear energy project in his state, could be accommodated within the functional amounts assumed by the Budget Committee, and Muskie says there is enough funding for it, should the Senate decide to go ahead and fund Clinch River.

28478-28479; September 9, 1977; Long (D-Louisiana) winds up consideration of the second budget resolution by making a statement to explain why the Finance Committee has no intention of providing $700 million in savings in either the income support or health functions, and says he is sorry the Budget Committee made the assumption that his committee would do so. Muskie responds to this, and to the argument that payroll taxes must be raised in 1978 to take care of the social security program’s disability fund.

28480; September 9, 1977; Muskie winds up approval of the second budget resolution, compliments a member of the committee’s staff, and is appointed a conferee to reach agreement with the House on a final budget resolution.

Tax rate reduction: feedback effects of the increased incentives on the tax base, 30684, 30685

30684, 30685; September 23, 1977; Hatch (R-Utah) highlights a statement by a House member which he says proves his point that the "supply side" effects of tax policy are not taken into account by the Congressional Budget Office. At this time, the so-called "supply side" economic theory, which posits that lowering tax rates will result in massive increases in revenue, was gaining ground, but it awaited several years before being somewhat decisively disproved.

Private foundations: reduce excise tax based on investment income of (see S. 2204), 33550

33550; October 13, 1977; Muskie shown as one of the cosponsors of S. 2204, a Gravel (D-Alaska) bill to reduce the audit tax on nonprofit foundations from 4 percent to 2 percent. The original 4 percent tax had been imposed in 1969 to pay for the cost of auditing the foundations and the Treasury Department had indicated that it could be halved without damaging the audit process.

TRADE, EXPORT SUBSIDIES, TARIFFS

1977 1st Session, 95th Congress

Customs: reduce paperwork involved in entry process for travelers and goods (see S. 1405), 19162

19162; June 15, 1977; Muskie is added as a cosponsor to a McIntyre (D- New Hampshire) bill, S. 1405, to simplify Customs Service paperwork. The McIntyre bill proposed to levy a flat rate of ten percent on the first $500 of goods brought into the country for the personal use of a traveler, or of goods imported by small commercial importers, to eliminate the extensive paperwork otherwise needed to establish the value of small quantities of dutiable goods and calculate the specific duty assignable to them.

Trade Negotiations on Shoes, William Scanlon, Leather & Shoes, 39340

39340; December 15, 1977; Muskie says that the recent Orderly Marketing Agreements reached with Taiwan and Korea provide real relief to the U.S. footwear industry, and recommends an article which provides some background on the negotiations from an American industry observer.

HOUSING, URBAN RENEWAL, ECONOMIC DEVELOPMENT

1977 1st Session, 95th Congress

Housing: rural loans (see S. 605), 3506

Agriculture: rural housing loans (see S. 605), 3506

3506; February 3, 1977; Muskie is shown as a cosponsor of a Hathaway (D- Maine) bill, S. 605, which is similar to a bill they proposed in the prior Congress, to improve the housing loan program of the Farmers Home Administration by permitting loans to family corporations, direct the agency to establish escrow accounts for the prepayment of local taxes, and to clarify existing law as to the authority of the Agriculture Secretary to pay local property taxes on property owned by the Department of Agriculture.

Federal riot reinsurance and crime insurance programs: extend (S. 1070), 10178

Housing: supplemental authorization for low income families (S. 1070), 10178

10178; April 4, 1977; Muskie discusses how the supplemental authorization for housing assistance, S. 1070, relates to the third budget resolution for 1977, and notes that all budget authority for housing assistance creates obligations that lie against the government for future year funding, and restates his support for adequate housing assistance.

Allotment of funds for FmHA program, Maine Legislature, 14717

Memorials of legislature Maine, 14717

14717; May 13, 1977; Muskie presents a resolution adopted by the Maine state legislature, supporting an additional $11 million allotment to Maine from the Farmers’ Home Administration to continue and complete construction of a number of community projects, particularly in the face of the Indian lands claims litigation which had thrown so much of the construction and real estate market in the state into some disarray.

Housing and Community Development Act: amend (S. 1523; H.R. 6655), 17572, 17623, 17833

Housing and Community Development Act: true budget impact of long-term Federal obligations, 17572

Letter: HUD's subsidized housing programs-budget process: OMB Director Lance, 17573

Letter: HUD's subsidized housing programs-budget process: Secretary Harris, 17573

Housing and Community Development Act: amend (S. 1523; H.R. 6655), 17833-17837, 17839-17943

Rent-a-Ship Concept, Shipyard Weekly, 17834

Table: Federal programs-schedule of accounts that appear to record full extent of commitment, GAO, 17839, 17840

17572, 17573; June 6, 1977; Muskie files an amendment to S. 1523, the Housing and Community Development Act, eliminating Section 208 of the bill, which seeks to change budgeting practice so that only one year’s worth of housing contract costs are shown as budget authority rather than the full multi-year costs being shown as budget authority in the year the contracts are signed. Muskie argues that this accounting change would mean that even though the government entered into legally enforceable contracts lasting as long as 40 years, the annual costs of those contracts would be uncontrollable in future years and in no year would the Congress have to consider the total spending entailed by a federal commitment to housing assistance.

17623; June 6, 1977; Muskie is shown as the cosponsor of a Hathaway (D- Maine) amendment to authorize the Agriculture Secretary to pay state and local property taxes on Farmers’ Home Administration property that has been foreclosed, an authority that is needed because courts have ruled that the supremacy clause prohibits such payments unless they are specifically authorized. The amendment is accepted.

17833-17837; June 7, 1977; Muskie presents his arguments against changing the way housing assistance costs are accounted for in the budget, and compares the effort to one then under way in the military, through which a private contractor would build a ship to be leased back to the Navy but the only "cost" shown to have been incurred would be the one-year leasing cost, not the full-term cost of production plus 25-year leasing contracts. The Muskie argument is that as long as contracts are legally binding on the federal government, which they are, showing only the one-year cost of a contract means that uncontrollable but legal spending in future years will continue.

17839-17843; June 7, 1977; The debate over the Muskie amendment continues, with Banking committee members arguing that the accounting method by which the full 40-year costs of a housing contract are shown as budget authority in the first year unfairly discriminates against housing, because it leaves the impression that much more is being spent on housing than is, in fact, spent each year. Muskie points out that many programs are accounted for with full budget authority in the first year, even if they spend out more slowly over a period of several years. On a vote of 70-18, the Muskie amendment is passed.

Department of Housing and Urban Development, and independent agencies: appropriations (H.R. 7554), 20826

Table: Department of Housing and Urban Development appropriations (H.R. 7554), 20827

20826, 20827; June 24, 1977; Muskie notes that the HUD-Independent Agencies appropriation, H.R. 7554, is below the budget targets in the first budget resolution, and points out that future demands on this budgetary function will nonetheless consume additional funds, so the conferees should work to keep the final spending levels in the bill down.

Department of Housing and Urban Development: reorganization (see S. Res. 302), 34950

34950; October 25, 1977; Muskie is shown as a cosponsor of S. Res. 302, a McIntyre (D- New Hampshire) resolution intended to prevent an internal reorganization of the Department of Housing and Urban Development until the appropriate Congressional Committees have had an opportunity to hold hearings on the proposal. The primary purpose of the agency’s proposed reorganization would have been to centralize more of its functions, and most Senators who supported this resolution did not want to see their state’s housing assistance administered from a regional office far from their states.