Brief for Appellee

Public Court Documents
February 1, 1985

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  • Case Files, Thornburg v. Gingles Working Files - Guinier. Congressional Record S6903-S6904, 1982. 272c3276-e292-ee11-be37-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/44bb8f48-ab8a-4392-80ec-f395bb15948e/congressional-record-s6903-s6904. Accessed April 06, 2025.

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S 6904

your dinner here and to invite your
wives and your friends, if that is your
desire, because I expect we will be in
session far beyond the dinner hour.

The Secretary of the Senate and the
Sergeant at Arms should take account
of the fact the leadership intends to
try very hard now to complete this
measure.

Mr. President, we will be in session
tomorrow, Friday. We will have votes
on tomorrow unless the Voting Rights
Act bill can be finished. It does not
now appear that we will be able to
finish it tonight. although I am will-
ing, I would like to do that. But if- we
do not we will be on the bill tomorrow
and have votes on it tomorrow.

Mr. President, with that array of ob-
servations, comments. innuendos. and.
some may say. veiled threats, I have
no more good news to impart to the
Senate, and I will reserve the remain-
der of my time. ,

Mr. CHILES. Mr. President, if the
leader will yield, he would not have
any guess as to how long we would be
in tomorrow?

Mr. BAKER. No: I would not. I will
say to my friend from Florida that I
hope we can finish at a reasonable
hour tomorrow. But it is urgently nec-
essary that we finish this bill and then
Just as urgently necessary that we con-
sider the urgent supplemental approo
priations bill conference report. 80
matters are piling up on us and Mem-
bers should know, by the way—and I
thank the Senator for bringing this
point up—that I wish to dispel any
rumor that may have grown that the
leadership will not call up the urgent
supplemental conference report.
While it is true the administration
does not support it. I deem it my duty
to bring it up, and I am going to bring
it up as soon as I can reach it. But
that will be after we finish this Voting
Rights Act, unless agreement can be
reached otherwise. I thank the Sena-
tor for his comments.

Mr. President, will the Senator from
Mississippi withhold for a moment? I
understand the Senator from Maine
has a requirement for additional time.
I ask unanimous consent that I may
yield the time allocated to me remain-
ing under the standing order to the
control of the distinguished Senator
from Maine.

I further ask unanimous consent.
Mr. President, since I see three of the
special order recipients on the floor,
that the order of the execution of the
special orders may be determined ac-
cording to their desires and wishes as
announced from time to time.

Mr. STENNIS. Mr. President, will
the Senator yield at that point? How
much time is the Senator referring to
in connection with the delay—

Mr. BAKER. It would not be a
delay. It would be added to the time of
special orflers, I will say to my friend
from Mississippi.

Mr. STENNIS. I have no objection,
of course.

 

CONGRESSIONAL RECORD — SENATE

Mr. BAKER. Mr. President, was the
request granted. may I inquire of the
Chair.

The PRESIDING OFFICER (Mr.
Boscrrwr'rz). Without objection. it is so
ordered.

 

RECOGNITION OF THE
MINORITY LEADER

The PRESIDING OFFICER. The
minority leader is recognized.

 

RECIPROCAL TRADE BILL

Mr. ROBERT C. BYRD. Mr. Presi-
dent, after months of negotiation be-
tween the Senate Finance Committee
and the administration, the compro-
mise trade legislation approved by the
committee on June 16 is a nonstarter.
As Senator Lose. the ranking demo-
cratic member has observed. this bill is
not likely to have any effect whatso-
ever on the unfair trade barriers the
Japanese have erected to our exports
because they know that “this gun isn't
loaded." The bill does nothing more
than add to the already totally discre-
tionary authority of the President to
deal with unfair trade practices.

It sends a completely inappropriate
signal to the Japanese and the Euro-
pean countries whose subsidized ex-
ports compete unfairly in our markets
while theirs are closed to our products.
It tells them that they have nothing
to fear from the United States and
that they do not have to go any far-
ther than they have already gone in
making some minor concessions on ex-
isting barriers to our products.

I have introduced legislation that
addresses this problem squarely, the
Fair Trade Act of 1982. which man-
dates Presidential action against the
unfair trade practices of other coun-
tries unless they cease these practices
within a specified period of time. The
Finance Committee‘s bill extends
Presidential authority to negotiate
with other countries but it suffers
from the same weakness the existing
Trade Act of 1974 does: It does not re
quire anything and permits the Presi-
dent to determine what, if any. action
is appropriate to enforce our rights
under trade agreements and to respond
to other countries' unfair trading prac-
tices. The record of strong executive
branch initiative with existing au-
thorities is disappointing, to say the
least. This extension of nonmandatory
authority, while it is replete with ad-
mirable references to solving our trade
problems, requires absolutely nothing
but an annual study of these prob-
lems.

My bill requires an annual study of
unfair trade practices by the US.
Trade Representative. recommenda-
tions for retaliatory action by the Pres-
dent. who must send the report and
the recommendations to the Congress.
and congressional action mandating
specific measures against offending
countries unless they cease their prac-

June 17, 1.982

tices within 60 days of enactment of
that congressional action.

The approach of my bill does not
sidestep any of the issues. It requires
positive action if negotiations with
other countries fail. Unfortunately,
the bill the Finance Committee ap-
proved today satisfies no one but the
administration.

When this bill comes to the Senate
floor, I may offer my own bill. S. 2603.
as a substitute which will put some
teeth into our trade legislation and

. give us some real weapons to use to

end our disadvantages in trading with
Japan and Western Europe.

Mr. ROBERT C BYRD. Mr. Presi-
dent, I yield 2 minutes to the Senator
from Wisconsin (Mr. PROXMIRE).

 

COMPARISON OF
STATES AND SOVIET STRATE-
GIC NUCLEAR FORCES

Mr. PROXMIRE. Mr. President. I
continue providing information for the
Senate from the report prepared by
the staff of the Carnegie Panel on US.
Security and the Future of Arms Con-
trol. Yesterday I provided the study's
conclusions—in part—on a comparison
of the weapons on both sides. This
comparison is critical because the ad-
ministration has argued that an effec-
tive freeze of nuclear weapons must
await the achievement of parity or
equality of weapons. This study ad-
dresses precisely that comparison.
Yesterday I discussed the comparison
of ICBM strength on both sides.

Today, I bring a part of the study that

deals with other strategic weapons, in-
cluding submarines. bombers, and so
forth. Later I will deal with the
study’s conclusion on the comparisons.

With respect to the other two legs of
the Triad submarines and bombers,
the Carnegie report finds:

The Soviet force of strategic submarines is
large, and improving all the time but gener-
ally is still not equal to its US. counterpart.
Only a small portion of the force is de-
ployed at any one time. perhaps 15 percent
to 20 percent, as compared to more than 50
percent of the US. force. This lower rate of
submarines in patrol may in part reflect
Soviet problems with maintaining and serv-
icing them at sea, particularly with respect
to their nuclear reactors. Most important.
Soviet submarines are considerably noisier
than their U.S. counterparts and thus more
vulnerable to detection and attack. The So-
viets are modernizing their submarine force
and will no doubt overcome many of these
problems in the future; but even so. there is
little evidence of progress in lowering the
noise levels of the submarines. Soviet sub-
marine-launched missiles (SLBMS). howev-
er. are of very high quality, and some are
equal to US. SLBM'S.

The Soviet long-range bomber force cur-
rently consists of about 140 aircraft that are
about 25 years old. very few. if any, of
which are maintained on alert. Some ana-
lysts view the newer Backfire bomber as a
strategic weapon system. But it seems clear
that whatever long-range capabilities it
might have are marginal. and that the Sovi»
ets designed Backfire principally for mis-
sions against targets in Europe and China
and as a naval bomber.

 

UNITED "

 

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The Senate met at 9:15 a.m., on the
expiration of the recess, and was
called to order by the President pro
tempore (Mr. THURMOND).

The PRESIDENT pro tempore. The
opening prayer will be delivered by
Father M. Ronald Chrisner, chaplain
of Queen Anne School, Upper Marl-
boro. Md.

Father Chrisner is the guest of Sen-
ator Marinas and friend of page John

Crupi.
Father Chrisner.
PRAYER
Let us pray.

Almighty God, knowing that You
have blessed us with this land and an
even greater heritage. we humbly pray
for the knowledge and patience to
prove ourselves worthy of such a bless-
ing. Often Lord. no matter what our
secular or sacred loyalties may be. we
find, in moments of trial and struggle.
that we are all praying to the same
God; for the same reasons; for the
same results. At those times, 0 Lord.
grant us the wisdom and courage to
rise above personal prejudices and ma-
terial security. Help us to avoid pray.
ing for success. and peace, on our
terms only. Grant us the understand-
ing to view compassion, not as a weak-
ness from without, but rather as a
tender strength from within. Instill in
us that compassion which allows us to
be firm in our responsibility to do all
we can to estath a just and lasting
peace among all nations. Let that
peace begin today. in this Hall, in this
body. in this heart. Amen.

 

RECOGNITION OF THE
MAJORITY LEADER

The PRESIDENT pro tempore. The
majority leader is recognized.
Mr. BAKER. I thank the Chair.

 

THE JOURNAL

Mr. BAKER. Mr. President, I ask
unanimous consent that the Journal
of the proceedings of the Senate be
approved to date.

The PRESIDENT pro tempore.
Without objection, it is so ordered.

 

ORDER OF PROCEDURE

Mr. BAKER. Mr. President,
there special orders for today?

The PRESIDENT pro tempore. The
leader is correct.

are

Senate

THURSDAY, JUNE 17. 1982

(Legislative day of Tuesday, June 8, 1982)

Mr. BAKER. Will the Chair please
state them for the Senate?

The PRESIDENT pro tempore.
There are special orders for Senator
CHle of 15 minutes. Senator STENNIS
of 15 minutes. Senator COHEN of 15
minutes. and Senator SrscrER of 15
minutes.

Mr. BAKER. I thank the Chair.

Mr. President. is there an order for
the transaction of routine morning
business?

The PRESIDENT pro tempore.
There is no order.

ORDER FOR PERIOD FOR TRANSACTION OP
MORNING BUSINESS

Mr. BAKER. Mr. President. I ask
unanimous consent that after the rec
ognition of the two leaders under the
standing order and the execution of
the special orders. there be a brief
period for the transaction of routine
morning business to extend not past
10:45 am. in which Senators may
speak for not more than 5 minutes
each.

The PRESIDENT pro tempore.
Without objection. it is so ordered.

Mr. BAKER. Mr. President, I under—
stand for the convenience of Senators
who are assigned special orders this
morning there is a wish to reverse the
orders for Senators Cmms and STEN-
ms.

I inquire of the Senator from Missis-
sippi, the acting minority leader, if
that is the case.

Mr. STENNIS. I am entirely willing
to do that.

Mr. BAKER. I thank the Senator.

SEQUENCE OF SPECIAL ORDERS

Mr. President. I ask unanimous con-
sent that the orders be changed to
read Senators STENNIS. CHILES, COHEN.
and SPECTER.

The PRESIDENT pro tempore.
Without objection. it is so ordered.

ORDER RESERVING LEADERSHIP TIME

Mr. BAKER. Mr. President. I ask
unanimous consent that all or any
portion of the time provided for under
the standing order to the two leaders
not utilized by the distinguished
acting minority leader or by the ma-
jority leader be reserved for their utili-
zation later during the course of this
day.

The PRESIDENT pro tempore.
Without objection, it is so ordered.

VOTING RIGHTS ACT AMENDMENTS OF 1982

Mr. BAKER. Mr. President. after
the expiration of the time just pro-
vided for the transaction of routine

morning business the Senate will
resume consideration of the motion to
proceed to the consideration of S. 1992
under the provisions of rule XXII. clo-
ture having been invoked.

It is the intention of the leadership.
Mr. President, to try to complete
debate on that measure today.

I think we have given adequate time.
even a generous amount of time. to
those on both sides of this issue to
debate the merits of the motion, and it
is time now to get to the matter at
hand. I hope we can do that. and I
urge Senators to consider it is time to
get on with the matter at hand. It is
my urgent desire that we get this
matter up and before the Senate
sometime during the course of this
day. -

I will reiterate what I have said
before. I have nothing but the highest
regard for Members on both sides of
this issue. I support this bill. I support
the concept. as I always have.

I recognize that the distinguished
Senator from North Carolina and
others have strong-points of disagree-
ment on the bill as reported and. per—
haps, will offer amendments. The
amendments I have seen are not frivo-
lous amendments. They are serious
and worthy of the consideration of the
Senate and. therefore, the leadership
will give them a reasonable opportuni-
ty to present them.

But at some point the Senate must
work its will. So it is my hope that all
Senators will take account of the fact
that we have been now 3 full days on
the motion to consider, 3 full days this
week, and that we have been 2 full
days after the invoking of cloture.

It is time then to get on with the
business at hand. So I hope we can ar-
range to proceed early to the consider-
ation of the motion itself to have the
matter up during the course of this
calendar day.

As 1 indicated on Monday. we will
try very hard to reestablish the sched-
ule of hours and activities of the
Senate which had been, for a time. to
conclude the daily activity of the
Senate at some time or shortly after 6
p.m. except on Thursdays. We have
abided by that this week. But Senators
should now take account of the fact
that today is Thursday. and they
should expect to be in very late if it is
necessary in order to get on this bill
and. if necessary. to complete this bill.
So you should be prepared to have

 

-P I

O This “bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor.

 

S 6903


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