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Council West wrote an opinion recently in which he held that the arrest book as of today is not open to public inspection as a matter of law, but only through the discretion of the chief of police. The present chief of police, Mr. Murray, testified before the subcommittee on the pending bill. I may say that the distinguished junior Senator from Wyoming [Mr. CRIPPA] conducted the hearing, during his brief service on our committee, and I may say that he conducted a very fine hearing. He developed in the testimony the following statement from the chief of police:

Mr. Chairman, I am familiar with the provisions of the proposed bill, and I very much favor the bill.

Under the present setup I do not want the discretion, nor the responsibility of saying which arrests shall be made public and which shall be confidential.

I feel that our present system, where we have an arrest book, the names are entered on that, it is open to inspection of the public, is a very good one, and I feel that it should be that way.

I don't think that myself, or any other chief of police, should have the authority and discretion to say that some arrests should be public records and some should be confidential. I don't want that discretion.

The subcommittee reported the bill favorably, and the full Committee on the District of Columbia reported the bill favorably.

The principal testimony on behalf of the bill was given by Mr. J. R. Wiggins, managing editor of the Washington Post and Times Herald. He appeared before the subcommittee not merely in his capacity as a newspaper publisher and an individual citizen of the District of Columbia, but also as the chairman of the Freedom of Information Committee of the American Society of Newspaper Editors. His statement is well worth reading, and it is available at the office of the committee to anyone who is interested in reading his statement in detail. Mr. President, in conclusion, I wish to say that the occasion of the bill was not the fact that in practice these books have not been open, because they have been open, but the corporation counsel held that they were open merely as a matter of discretion on the part of the chief of police. The bill will keep them open as a matter of law.

The PRESIDING OFFICER.

The bill

is open to amendment. If there be no amendment to be proposed, the question is on the engrossment and third reading of the bill.

The bill was ordered to be engrossed for a third reading, read the third time, and passed as follows:

Be it enacted, etc., That section 386 of the Revised Statutes, relating to the District of Columbia, as amended (D. C. Code, sec. 4-134), is amended by striking out the word "and" at the end of paragraph (3); by renumbering paragraph (4) as paragraph (5), and by inserting between paragraphs (4) and (5) the following new paragraph:

"(4) Arrest books, which shall contain the following information:

"(a) Case number, date of arrest, and time of recording arrest in arrest book;

"(b) Name, address, date of birth, color, birthplace, occupation, and marital status of person arrested;

"(c) Offense with which person arrested was charged and place where person was arrested;

"(d) Name and address of complainant; "(e) Name of arresting officer; and "(f) Disposition of case; and."

SEC. 2. Section 389 of the Revised Statutes, relating to the District of Columbia, as amended (D. C. Code, sec. 4-135), is amended to read as follows:

"SEC. 389. The records to be kept by paragraphs (1), (2), (3), and (4) of section 386 shall be open to public inspection when not in actual use, and this requirement shall be enforceable by mandatory injunction issued by the United States District Court for the District of Columbia on the application of any person.”

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EXECUTIVE REPORTS OF COM-
MITTEES

The following favorable reports of nominations were submitted:

By Mr. WILEY, from the Committee on Foreign Relations:

Clement D. Johnston, of

rginia, to be a member of the Public Advisory Board, Foreign Operations Administration;

Mrs. Helen Chapman, of Illinois, to be a member of the Public Advisory Board, Foreign Operations Administration;

Harold C. McClellan, of California, to be a member of the Public Advisory Board, Foreign Operations Administration; and

Mrs. Percy Maxim Lee, of Connecticut, to be a member of the Public Advisory Board, Foreign Operations Administration.

By Mr. MILLIKIN, from the Committee on Finance:

Merrill D. White, of Florida, to be collector of customs for customs collection district No. 18, with headquarters at Tampa, Fla.

By Mr. HICKENLOOPER, from the members on the part of the Senate of the Joint Committee on Atomic Energy:

Herbert Bernard Loper, of Nebraska, to be chairman of the Military Liaison Committee to the Atomic Energy Commission, vice Robert LeBaron, resigned.

The PRESIDING OFFICER. If there be no further reports of committees, the clerk will state the nomination on the Executive Calendar.

POSTMASTER

The Chief Clerk read the nomination of William P. Gray to be postmaster at Pleasant Hill, Mo.

The PRESIDING OFFICER. Without objection, the nomination is confirmed. Mr. KNOWLAND. Mr. President, I ask unanimous consent that the President be notified of the confirmation of the nomination.

The PRESIDING OFFICER. Without objection, the President will be notified forthwith.

Without objection, the legislative session will be resumed.

LEGISLATIVE SESSION-RECESS TO 2:45 P. M. TODAY

The Senate resumed the consideration of legislative business.

Mr. KNOWLAND. Mr. President, I move that the Senate stand in recess until 2:45 o'clock p. m., this day.

The motion was agreed to and (at 1 o'clock and 47 minutes p. m.) the Senate took a recess until 2:45 o'clock p. m. the same day.

On the expiration of the recess, the Senate reassembled and was called to order by the Presiding Officer (Mr. SCHOEPPEL in the chair).

DEVELOPMENT

OF THE PRIEST RAPIDS SITE ON THE COLUMBIA RIVER

The Senate resumed the consideration of the bill (H. R. 7664) to provide for the development of the Priest Rapids site on the Columbia River, Wash., under a license issued pursuant to the Federal Power Act.

Mr. KNOWLAND. Mr. President, I suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll.

The Chief Clerk proceeded to call the roll.

Mr. KNOWLAND. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

The PRESIDING OFFICER (Mr. GOLDWATER in the chair). Without objection, it is so ordered.

Mr. KNOWLAND. Mr. President, a parliamentary inquiry.

The PRESIDING Senator will state it.

OFFICER. The

Mr. KNOWLAND. Is my understanding correct that beginning at 3 o'clock the Senate will be operating under a unanimous-consent agreement relative to the the unfinished business, H. R. 7664?

The PRESIDING OFFICER. That is correct.

Mr. CORDON. Mr. President, I call up my motion to reconsider the vote by which the amendment on pages 4 and 5 of the bill was agreed to.

The PRESIDING OFFICER. The clerk will state the motion.

The LEGISLATIVE CLERK. A motion by Mr. CORDON to reconsider the vote by which the committee amendment to the bill (H. R. 7664) appearing on page 4, beginning on line 12, was agreed to.

The PRESIDING OFFICER. The question is on agreeing to the motion of the senior Senator from Oregon.

Mr. CORDON. Mr. President, I have been engaged in other matters off the floor. I had the understanding that no amendments were to be considered until 3 o'clock today. That was my mistake; it is the fault of no one else. It is one of those things which happen in the last period of any session, when we are trying to handle, in 1 hour, matters which

I believe, might well take a day or two, and the country would be better off.

For several reasons, I have moved to reconsider the vote by which this amendment was agreed to. If the motion to reconsider be agreed to, I shall move to amend the amendment by an insertion and a deletion.

I call attention, first, to the language of the amendment, beginning on page 4, line 12:

Power surplus to the requirements of the licensee and other non-Federal marketing agencies within the economic marketing area, as may be economically usable to the Federal system, may be made available to and may be purchased by the Bonneville Power Administration at rates not higher than the rates charged such non-Federal marketing agencies, and under such terms and conditions as shall be mutually agreeable to the licensee and the Secretary of the Interior.

I end the quotation without reading the entire amendment, because the first matter to which I desire to call attention is included within that sentence. I call attention now to the first clause:

Power surplus to the requirements of the licensee and other non-Federal marketing agencies within the economic marketing

area.

Above that language there appear, in connection with a proviso, in line 8, after the words "power marketing agencies," and in parentheses, the words "public or private."

That parenthetical explanation does not appear in line 13; consequently, power which might be made available for purchase by Bonneville might be surplus solely because private agencies cannot purchase it.

Mr. President, I wish to say, first, that I am in favor of the Priest Rapids bill. I want to see it passed. But I desire to be sure that those who are going into a partnership with the Federal Government will have an opportunity to make this project work. If they are to have that opportunity, and if they are to secure the necessary financing, it will be necessary for them to seek any and every marketing agency that can be found.

It is estimated that the Priest Rapids plant will cost $364 million and will initially consist of 23 53,000-kilowatt generators, which initially will provide 1,219,000 kilowatts of power. It is proposed to ultimately increase that amount to a total of 1,590,000 kilowatts of power. There will have to be a tremendous market for power if that amount of power is to be sold within any given marketing area by a local agency. Consequently, that agency cannot be denied any outlet, anywhere, and at the same time hope to have the operation financially successful.

The PRESIDING OFFICER. If the Senator from Oregon will suspend his statement, the Chair desires to inform the Senator that the hour of 3 o'clock having arrived, the unanimous-consent agreement is in effect, and the time is now controlled.

The senior Senator from Oregon has 15 minutes on his motion, and the Senator from Connecticut [Mr. BUSH] will control 15 minutes.

Mr. CORDON. How much time does the Senator from Oregon now have? Mr. BUSH. Fifteen minutes. Mr. CORDON. Very well.

The PRESIDING OFFICER. How much time does the Senator from Oregon yield to himself?

Mr. CORDON. The The Senator from Oregon yields to himself whatever time he needs up to 15 minutes, Mr. President. The PRESIDING OFFICER. The Senator from Oregon may proceed.

Mr. CORDON. In view of the fact that an extremely large amount of power is to be generated, in view of the fact that the necessity exists to furnish the widest possible market outlet, in view of the fact that in the division of power generated at Bonneville it is distributed on the basis of 70 percent in Washington and 30 percent in Oregon, although the population ratio as between the 2 States is 60-40 in favor of Washington, and in view of the further fact that studies with reference to current contracts indicate that in 12 years Washington will be receiving 83 percent of the power and Oregon 17 percent, it becomes a matter of very grave importance to the State of Oregon that some equitable arrangement be worked out for the distribution of hydroelectric power, which generally in that area is known as a very low-cost product, and which is essential to the economic development of the whole Pacific Northwest.

Mr. President, in the first place, if my motion prevails, with respect to the nonFederal marketing agencies described in lines 13 and 14 of page 4 of the bill, I shall propose to add after the word "agencies" in line 14, the words "public or private," in order that there can be no question about the agencies being exactly the same as those mentioned earlier on the same page.

Mr. President, I now go to the next question. The committee amendment contains a provision that if power is surplus to the requirements of the licenseewhich in this case would be a public body in the area-and is not needed by other marketing agencies, which, if my amendment were adopted, might be either public or private in either State, it will be available for purchase "by the Bonneville Power Administration at rates not higher than the rates charged such non-Federal marketing agencies, and under such terms and conditions as shall be mutually agreeable to the licensee and the Secretary of the Interior."

Then follows a provision which puts into the bill the same principle of operation which was in effect in the Southwestern Power Administration's operation, and which the Congress has refused to approve time after time after time. That provision is:

The Administrator may use funds in the continuing fund, established under the provisions of section 11 of the Bonneville Project Act of August 27, 1937, as amended, to purchase such power. Such power may be co-mingled with power from Federal dams

And so forth. The continuing fund was created for the purpose of permitting the Administrator of the Bonneville Power Administration to defray

emergency expenses and to insure continuous operation, and for no other purpose.

I now read the language which authorizes the creation of a continuing fund.

All receipts from transmission and sale of electric energy generated at the Bonneville project shall be covered into the Treasury of the United States to the credit of miscellaneous receipts, save and except that the Treasury shall set up and maintain from such receipts a continuing fund of $500,000 to the credit of the Administrator and subject to check by him, to defray emergency expenses and to insure continuous operation.

That is all of the particular paragraph which is pertinent to this discussion. A fund has been established by statute. The act has fixed the amount as $500,000, but it might just as well be $5 million or $50 million. It is in reality unlimited in amount, and may be used, according to the language of the committee amendment now under discussion to whatever extent the Bonneville Power Administrtator may want to use it to buy power from the Priest Rapids project. Under this language, the fund could be used to purchase the total output of the Priest Rapids dam. The fact is that the output from the dam will probably cost substantially more than the output being sold from Bonneville. Under the amendment, a public or private agency could build a dam, sell the entire output to Bonneville, and then buy it back from Bonneville to its own profit. That sort of thing could happen under the terms of the committee amendment.

I have no objection to the purchase by Bonneville of excess power from the generation at Priest Rapids or anywhere else, so long as the particular transaction is handled after careful consideration. I say that my statement cannot be controverted, that at the present time there is no provision in any law which permits Bonneville Power Administration to do anything but sell power generated by the Federal Government. Under its general business authority, it is entitled to deal with other electric generation plants and through exchange accounts to effect a Federal and nonFederal pool, as it does. Thence the power can flow to marketing centers. That is the reason why today the Northwest Power Pool has come to be the outstandingly successful example of cooperative voluntary pooling and distribution of power in the country. But here for the first time is a proposal to authorize the Bonneville Power Administration to go into the business of wholesale purchase and resale of power, purchasing it at a higher price for a very considerable time to come than the price at which it will resell the power.

Whatever is done, the continuing fund should be left inviolate for the purposes for which it was created. Being a continuing fund, and being replenished from receipts just as rapidly as money is expended for any purpose, more money is poured in to keep the level always at $500,000. If $1 is spent, $1 is put back. If $500,000 is spent, $500,000 is immediately returned. The only limit on the continuing fund, as a basic proposition, is the gross receipts of the Bonneville

Power Administration. That is not true so far as the pending amendment is concerned, because the bill provides authority for the purchase of the particular power from the specified installation. A sound appropriative procedure would require that appropriations be made for the purchase of this or any other power, or any other thing, or the doing of any other act by Bonneville Power Administration, or by any other agency of Government whatsoever. This is not a question of public versus private power. It is a question of sound law and sound business administration in Government.

For that reason, Mr. President, I offer my motion to reconsider the vote by which the amendment was agreed to; and I offer the motion with a view to correcting the amendment in the two particulars I have mentioned.

Mr. BUSH. Mr. President, will the Senator from Oregon yield for a question?

Mr. CORDON. I am glad to yield. Mr. BUSH. First, Mr. President, I desire to propound a parliamentary inquiry.

The PRESIDING OFFICER. The Senator from Connecticut will state it. Mr. BUSH. The Chair stated that the Senator from Oregon was in control of 15 minutes and that I was in control of the other 15 minutes. However, I am in However, I am in support of the motion of the Senator from Oregon to reconsider the vote by which the committee amendment was agreed to. So I wish to inquire in whose time I may make a few remarks.

The PRESIDING OFFICER. The time on the other side will then revert to the minority leader.

Mr. BUSH. I see that my distinguished friend, the Senator from Washington [Mr. MAGNUSON], is acting in behalf of the minority leader. So if it is agreeable, I ask unanimous consent that he have control of the other 15 minutes.

Mr. MAGNUSON. Mr. President, I am glad to yield to the Senator from Connecticut as much time as he wishes, for I desire to speak for only 3 or 4 minutes.

Mr. BUSH. Mr. President, will the Senator from Washington yield several minutes to me?

Mr. MAGNUSON. I yield.

Mr. BUSH. I simply wish to say that I am in support of the motion to reconsider, as offered by the Senator from Oregon [Mr. CORDON]. I was never in favor of the amendment in the committee, even though the committee approved the amendment by a good majority. I certainly urge all Senators who now are within range of my voice, or all Senators to whom I may be quoted, to vote in favor of the motion to reconsider.

Mr. KUCHEL. Mr. President, will the Senator from Oregon yield to me? Mr. CORDON. I yield.

Mr. KUCHEL. Do I correctly understand that the intention of the Senator from Oregon is to eliminate from the bill the language appearing on page 4, beginning in line 12? I refer to the language there appearing in italics.

Mr. CORDON. No. If the pending motion to reconsider prevails, I intend

to offer first, an amendment to the committee amendment on page 4, namely, in line 14, on page 4, after the word "agencies", to add, in parentheses, the words "public or private." I think there is no objection to such an amendment to the committee amendment.

My next amendment to the committee amendment is, on page 4, beginning in line 20, with the word "The," to strike out the remainder of the page, ending in line 23 with the words "to purchase such power."

As thus amended, the committee amendment will require that an appropriation be made for this purpose, as is required for all other purposes in connection with Government administration.

Mr. KUCHEL. However, as the committee amendment would thus be amended, the remaining language of the amendment would be in the nature of a permissive right for Priest Rapids Dam to sell and for Bonneville to buy, if mutually agreeable, any surplus power; is that correct?

Mr. CORDON. That is correct, except I intend to discuss with the Senator from Connecticut [Mr. Busн], what is meant by the term "power surplus to the meant by the term "power surplus to the requirements of the licensee." But I am quite sure that the committee intended that term to mean such power as remains after the licensee has used all of the power from these sources, as may be needed for its own use. If that is If that is what that term means, I have no objection whatever to it. However, I think However, I think that explanation should appear in the RECORD, as a result of statements made on the floor, in view of the possibility of subsequent judicial consideration, if the matter ever comes to that point.

Mr. KUCHEL. I cannot state the reasons which impelled the committee to adopt that portion of the amendment, as adopt that portion of the amendment, as offered by the Senator from Washington. But speaking for myself, I can say I have a distinct recollection that the Senator from Washington suggested to the committee that at the present time there is no authority of law for Bonneville to make such a purchase, and he wished to have the bill provide permissive authority for Bonneville to make the purchase, if it were entirely agreeable to the Administrator of the Priest Rapids Dam or Authority to sell the power. Authority to sell the power. In other words, the question was entirely one of providing a right which might be used on a permissive basis, if both parties so desired.

licensee and the Bonneville Authority would not wish to take it; but that is the purpose of this language.

I do not understand the purpose of the proposed inclusion of the words "public or private." We say it is permissive, if Bonneville wishes to buy it. If Bonneville buys it, Bonneville can sell it either publicly or privately, as it may wish.

Mr. CORDON. Then does the Senator from Washington have any objection to including the words "public or private"?

Mr. MAGNUSON. I always object to including unnecessary words, if their purpose is not understood. All too often in the past we have found that wording of that sort may eventually be found to mean what we do not wish it to mean. So I see no reason for including those words.

Furthermore, all the committee amendment does, by means of the last 31⁄2 lines on page 4 of the bill, is to amend for this purpose section 11 of the Bonneville Project Act, and thus to give the Administrator the right to use funds in the continuing fund established under that section of the Bonneville Project Act. I see no reason for changing that part of the committee amendment.

I cannot quite understand why at the last moment the Senator from Oregon wishes to make these changes in the committee amendment. Even his explanation is incomprehensible to me. Perhaps I am not as well versed on power problems in our area or on the Bonneville Act as is the Senator from Oregon.

So far as opposition to the purpose of the amendment is concerned, that is an entirely different matter. There is no question that some of the members of the committee were opposed.

Offhand, I see no objection to adding the words "public or private," because those who will constitute the management of the project will wish to sell the power wherever they can. But they would have that right now, anyway.

Mr. JACKSON. Mr. President, am I to understand that the purpose of the amendment the senior Senator from Oregon intends to offer to the committee amendment, if the motion to reconsider is agreed to-namely, to add the words "public or private"-is to define more carefully non-Federal marketing agencies?

Mr. CORDON. Certainly.

Mr. JACKSON. And nothing else?
Mr. CORDON. Nothing else.
Mr. JACKSON. And non-Federal mar-

Mr. CORDON. Mr. President, I yield keting agencies are both public and prithe floor.

Mr. MAGNUSON. Mr. President, I wish to say to the Senator from California that what he has stated is exactly the purpose of the language. The The amendment suggested by the Senator from Oregon goes to the committee amendment which would amend the Bonneville Act.

The reason for the inclusion of this part of the committee amendment is that if there is available power, we desire to have the entire Pacific Northwest have an opportunity to use the power, if it wishes to do so. wishes to do so. It may be it will not wish to use it, or it may be that the

vate, of course; I think there can be no question about that.

Mr. CORDON. I noticed in line 8, on page 4, the words, in parentheses, “public or private"; and since it was felt necessary to make that provision at that point, I wished to have it made below, at the point to which I have referred.

Mr. JACKSON. If that is the purpose, I see no objection.

Mr. MAGNUSON. The purpose of the Senator from Oregon is to add those words in line 13, on page 4; is that correct?

Mr. CORDON. No; in line 14, on page 4.

Mr. MAGNUSON.

"agencies"?

Mr. CORDON. Yes.

After the word pared to yield back the remainder of my time.

Mr. MAGNUSON. I am willing to ac

Mr. MAGNUSON. I see no objection cept the "public or private" revision. to that.

. Mr. CORDON. I did not believe the Senator from Washington would see any objection to it, and I so suggested in the course of my argument.

Mr. MAGNUSON. But I still cannot understand why it is necessary to add those words.

Mr. CORDON. I have already stated why it is necessary.

The PRESIDING OFFICER. If no further time is desired, the question is on agreeing to the motion of the Senator from Oregon to reconsider the vote by which the committee amendment was agreed to.

Mr. MAGNUSON. Mr. President, a parliamentary inquiry.

The PRESIDING OFFICER. The Senator from Washington will state it.

Mr. MAGNUSON. I understand that the Senator from Oregon has moved to reconsider only for the purpose of subsequently offering to the committee amendment the two amendments he has suggested.

Mr. CORDON. I have made a perfectly clear statement of my purpose, and that is the purpose.

I also added that I intended to make certain inquiries; and what I do thereafter will depend upon the answers to the inquiries.

Mr. MAGNUSON. Inquiries about the committee amendment?

Mr. CORDON. Yes.

Mr. MAGNUSON. I understand that the motion is limited to the so-called committee amendment which was adopted on Saturday.

Mr. President, I have no objection. The PRESIDING OFFICER. The question is on agreeing to the motion of the Senator from Oregon [Mr. CORDON] to reconsider the vote by which the committee amendment beginning on line 12, page 4, was agreed to.

Mr. BUSH. That is the pending question.

The

The PRESIDING OFFICER. question is on agreeing to the amendment offered by the Senator from Oregon [Mr. CORDON] to the committee amendment on page 4, line 14.

The amendment to the amendment was agreed to.

Mr. CORDON. Mr. President, I move that the same committee amendment be further amended by striking out the sentence beginning in line 20, on page 4, tence beginning in line 20, on page 4, with the word "The", and ending at the end of line 23, on page 4, striking out the following language:

The Administrator may use funds in the continuing fund, established under the provisions of section 11 of the Bonneville Project Act of August 27, 1937 (50 Stat. 731), as amended, to purchase such power.

I

This is the provision which permits the Administrator of the Bonneville Power Administration to use funds in the continuing fund to purchase power. am opposed to that sort of provision anywhere in any of the activities of the Government. It is a power without limit, so far as the Congress is concerned.

I now invite attention to 1 or 2 things which might happen. I wish particularly to emphasize to the Members of this body that when we test the language of a statute we test it by a consideration of what may be done under it, not what should be done, or even what is being done. If there is any canon of statutory construction that is sounder or more accurate than that, I do not know what it is. Consequently, when I look at this language I test it by the rule of what could be done under the language.

Mr. President, what could be done were this language to remain in the bill? Among other things, at any time after the dam were constructed and in opera

The motion to reconsider was agreed tion in charge of the licensee, if the lito.

Mr. CORDON. Mr. President, I now move that the committee amendment, as it appears on pages 4 and 5 of the bill, be amended in the following respects:

After the word "agencies," in line 4, to include in parentheses the words "public or private."

Mr. BUSH. Mr. President, would the Senator from Oregon care to state his amendments one at a time?

Mr. CORDON. That is what I was about to do.

The second amendment has to do with the same committee amendment. I ask unanimous consent to offer them separately.

The PRESIDING OFFICER. The Senator does not need unanimous consent.

Mr. CORDON. Very well. I offer the first amendment, which is the addition, in parentheses, after the word "agencies", in line 14, of the words "public or private."

Mr. BUSH. Mr. President, I hope that amendment will be accepted without objection.

Mr. CORDON. If there be no further argument on either side, I am pre

censee so desired it might offer any or all of its power to anyone; and after such offers were accepted it might then make a contract for any period of time with the Bonneville Administration for the remainder of such power, at a price then to be determined; and thereafter neither public nor private agency would have any opportunity to purchase such power.

Let me make an answer to my own argument, for a moment, because I want the entire picture to be before us. For a very considerable period of time the contingency which I have mentioned is meaningless, because until such time as the Bonneville rates reach the point where they are equal to the rates which would have to be charged for the power generated at Priest Rapids, no one would want to buy the Priest Rapids power if he could buy Bonneville power.

However, it will not be long before the rates of Bonneville will have to go up, step by step, because from now on every multiple-purpose project in the Pacific Northwest that I know anything about will cost far more than did either Grand Coulee or Bonneville. The result will be that the rates for Bonneville power must

go up if there is to be repayment to the Federal Treasury. I, for one, so long as I can speak or act, will do everything within my power to keep the Bonneville Power Administration solvent, so far as repayment to the Federal Treasury is concerned.

Therefore the time may come when it may be feasible to do the thing I have suggested, namely, make this sale to the Bonneville Power Administration for a long period of time, and in so doing, cut off any possibility of any other sale to any other body. That is one thing. The other I have already discussed.

In my opinion there should never be granted to any Federal agency or any officer of Government unlimited power to spend money without accountability. In my opinion, if we are to establish any agency we should require the agency to come to the Congress and justify its expenses and have those expenses appropriated for, as every other item of expense is appropriated for. The Senate operates on that basis. The President's Office operates on that basis. Every other agency of Government that I know anything about operates on that basis, with a rare exception such as Bonneville, with respect to which a fund is established, but with specific yardsticks which limit the purpose for which expenditures may be made. That is the case with the Bonneville continuing fund. It may be used for emergency repairs to insure continuous operation. It may be used for no other purpose. When I move to strike this particular sentence, I move simply to make the committee amendment come within generally established rules of Government operation in the appropriative process. Mr. MAGNUSON rose.

Mr. BUSH. Mr. President, a parliamentary inquiry.

The PRESIDING Senator will state it.

OFFICER. The

Mr. BUSH. Again, I think the acting minority leader [Mr. MAGNUSON] should control the time of the opposition, because I stand in support of the amendment of the Senator from Oregon.

The PRESIDING OFFICER. The acting minority leader will control the time in opposition.

How much time does the Senator from Washington yield to himself?

Mr. MAGNUSON. I yield myself 10 minutes.

Mr. President, in drafting this amendment we tried to word it so that its effect would be exactly the same as that suggested by the Senator from Oregon. I think we are all in agreement. We want as businesslike an operation as we can get. In drafting the amendment we deliberately included the words "Power surplus to the requirements of the licensee and other non-Federal marketing agencies within the economic marketing area, as may be economically usable to the Federal system."

If this power is to cost too much, it will not be economically usable in the Federal system. As I understand the Bonneville Act, a section of which is incorporated in this bill, contracts are made only from year to year.

Mr. CORDON. Mr. President, will the Senator yield?

Mr. MAGNUSON. What I mean is that private utilities make contracts on only a year-to-year basis. Some of them are continued if it is economically wise to continue them. All we are trying to say is that the pool may get the benefit of some of the surplus power in Oregon, Washington, or wherever the pool goes, if it is economically wise.

I think the Bonneville Administration would be somewhat hamstrung, if it deemed it wise to purchase this power, unless it could do so under the provisions of section 11 of the Bonneville Act, which we incorporate in the bill. Its purposes would be hamstrung. I do not believe that the Bonneville Administration will buy power at rates very far out of line with what its postage-stamp rate is to be throughout the area. The bill merely provides that it may or may not purchase such power, according to its needs and what it wishes to do.

Mr. JACKSON. Mr. President, will the Senator yield for a question?

Mr. MAGNUSON. I yield.

Mr. JACKSON. Is it not true that this particular provision of the amendment would have the effect of aiding the local public-utility district to dispose of their revenue bonds by providing a firm method of marketing the power? The committee amendment, which has been approved, would have the further purpose of making it possible for Bonneville to enter into longterm contracts, rather than contracts on a year-to-year basis. If the Bonneville Administration is compelled to come to Congress each year in order to dispose of the power, the people who are buying revenue bonds will not be very happy.

On the other hand, this provision in the amendment will firm up the salability of the revenue bonds. It will make it possible for the power to be sold in accordance with the provisions of the Bonneville Act. I think that is a wise provision in the bill.

the sale of revenue bonds, but it is not the sale of revenue bonds, but it is not the only basis on which revenue bonds the only basis on which revenue bonds are sold.

Mr. JACKSON. Would not that basis greatly increase the marketability of the bonds?

Mr. BUSH. A permissive clause in the bill allowing the sale of surplus power will have no effect whatever on the value the market will place on these revenue bonds. The market will judge the bonds and price them on the basis of bonds and price them on the basis of what they are worth in the area involved, assuming that all the power will be used in that area. A permissive amendment will not hurt the bonds, and amendment will not hurt the bonds, and neither will it help them.

Mr. JACKSON. Is it not true that with a permissive provision the people who would sell the bonds would probably suggest that perhaps a contract should be entered into with Bonneville, and might even require that the contract be entered into prior to the marketing of the bonds? Therefore, if there has been entered into between the licensee and the Bonneville Power Administration a contract, which is on a long-term basis, not limited to a year-to-year basis, the marketability of the bonds will have been enhanced substantially?

Mr. BUSH. My only observation in reply is that the amendment offered by the senior Senator from Oregon will not involve the marketing of power.

Mr. JACKSON. But the developers would have to come to Congress each year for an appropriation, and it would mean that the contract would contain a sort of condition subsequent, in that it could, in effect, be terminated by lack of appropriations. of appropriations. Certainly, if I were counsel for the banking house issuing the bonds I would not place too much value on a provision in a contract which would make the developer go back to Congress each year.

Mr. BUSH. I am sure that neither counsel nor the bank would place too much confidence in a permissive provi

Mr. BUSH. Mr. President, will the sion such as this. Senator yield?

Mr. MAGNUSON. I yield.

Mr. BUSH. My observation, in reply to the Senator's statement, is that the amendment is purely permissive, anyway. Certainly no one will buy the revenue bonds unless he believes that the area in which the power is generated will take the power. I cannot believe that anyone would buy a bond dependent upon the possibility that the Bonneville Administration might take some power. Therefore, I do not believe that argument is valid.

Mr. JACKSON. The distinguished senior Senator from Connecticut is very well experienced in this field. I should I should like to ask him this question: Would he like to sell some revenue bonds in connection with which he was advised in advance that the developers of the project would have a long-term Federal contract for the sale of power, or would he prefer to be advised that the developers had a contract with the Federal Government but that the contract could be terminated each year? How would he advise his clients?

Mr. BUSH. I think a Federal contract would make a very good basis for

Mr. CORDON. Mr. President, will the Senator yield?

Mr. MAGNUSON. I believe the Senator is correct. The reason for the whole section was to firm this matter up, in case Bonneville could use the power and could purchase it and place it in the pool. The second reason for the amendment was to make certain that there would be distribution of the power in Oregon, Idaho, and throughout the whole Bonneville pool area. What we are doing is incorporating section 11 of the Bonneville Act of 1937, as amended.

I believe, if long-term contracts can be made and are desirable-whether they would be desirable in this case, I do they would be desirable in this case, I do not know-it is advisable to have them made. Bonneville has entered into 20year contracts with private utilities in our area. I believe the effect of the amendment offered by the senior Senator from Oregon would seriously hamstring the ability of the public utility district to finance the project. I would like them to be successful. I am afraid the amendment would hamstring them in trying to finance the project.

Mr. BUSH. I observe in that connection that that fact did not influence the

public utility district. The district did not ask for this amendment. The Secretary of the Army, the Corps of Army Engineers, the Bureau of the Budget, the Federal Power Commission, and the House of Representatives all felt that this amendment was unnecessary. Therefore I am not impressed, frankly, with the thought that the amendment of the Senator from Oregon to the amendment would greatly imperil this project. I do not understand how it would imperil it at all.

Mr. MAGNUSON. Mr. President, I have discussed this amendment at great length with the people who are involved in this project. They agree that it would make the bill a much better bill and give them a much better opportunity. I suppose that in the House the amendment was not thought of, but it was discussed and approved and recommended by those who are interested in trying to build the project.

Mr. MORSE. I should like to speak for 2 or 3 minutes.

Mr. MARTIN. Mr. President, how much time is available?

The PRESIDING OFFICER. The senior Senator from Oregon has 9 minutes remaining, and the senior Senator from Washington has 5 minutes remaining.

Mr. MAGNUSON. Mr. President, I yield such time as the junior Senator from Oregon may require.

Mr. MORSE. I shall take only a few minutes. I wish to say that I made my argument against this bill on Saturday at some length. I closed my argument by saying that in my judgment we have before us a hodgepodge bill. What we are doing on the floor of the Senate today is further evidence of it.

I opposed the amendment in committee, Mr. President because I felt then it was an exceedingly poor bill. My votes were first cast by proxy and for the amendments. Later, after the proxy votes had been cast, I arrived in the committee room before the final votes were cast on the amendments. I then voted against all amendments to the bill. No amendment could make this a good bill.

I wish to say most respectfully that in my judgment this bill marks the beginning of the end of public preference if it becomes the pattern. I believe in the end, if the project is built at all, it will be built not by the Grant County PUD for its purposes but by another agency for the benefit of private utilities. I say that because I do not believe that the Grant County Public Utility District will ever be able to sell the revenue bonds to finance this project unless the Bonneville Authority has the right to buy the surplus power. If the Bonneville Authority is to have that right then we should provide it with the authority to contract for surplus power without coming to Congress on each purchase.

My colleague [Mr. CORDON] is quite right. I know of no act in which this particular preference language is used, but neither do I know of any situation comparable to this one. Priest Rapids Dam as provided in this bill as I pointed out Saturday, is an exception to the whole Federal development program in the Pacific Northwest.

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