FREEDOM OF INFORMATION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000600200049-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 13
• Document Creation Date: December 9, 2016
• Document Release Date: August 31, 2000
• Sequence Number: 49
• Publication Date: June 6, 1974
• Content Type: OPEN

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on H.R. 4 3?1801A:0812aW2 greLdtAc31.DP75B00380R000600200049-5
nomic Development t of 1965 to extend the author- operation of certain port facilities.
ization for a 2-year per ii.. ,Nige H 4810 Agreed to the Jones of Alabama
Arms Control an
House disagreed to
June 6, 1974 cYJTGA.ESSIONA.I. )RD?DAILY DIGEST
? ? ?
6 ?
64.1?
rivers and harbors to provide for construction and
Disarmament Authorization:
e amendment of the Senate to
H.R. 12799, to ame ri the Arms Control and Disarma-
ment Act, as amene d, in order to extend the authoriza-
tion for appropria s; and asked a conference with the
Senate. Appointe as conferees: Representatives Mor-
gan, Zablocki, I ays, F'relinghuysen, and Broomfield.
Page H 4810
Foreign Disas ,r Assistance: House disagreed to the
amendments o the Senate to H.R. 12412, to authorize
an appropriati to provide disaster relief rehabilitation,
and recOnstru non assistance to Pakistan, Nicaragua,
and the Sahe an nations of Africa; and asked a con-
ference with
e Senate. Appointed as conferees: Rep-
resentatives Morgan, Zablocki, Hays, Fascell, Freling- e
huysen, Broomfield an
Page H 481!0
ree om of Information: House disagree to trir r
amendment of the Senate to H.R. 12471, to amend sec-
tion 552 of title 5, United States Code, known as the
Freedom of Information Act; and asked a conference
with the Senate. Appointed as conferees: Representa-
tives Holifield, Moorhead of Pennsylvania, Moss,
Alexander, Horton, Erlenborn, and McClos
amended by the following:
Agr4d to the Sullivan substitute to the previous
amendment (agreed to by a recorded vote of 174 ayes
,
to 158 nes); and
Agre to an amendment to the Sullivan substitute
et1
that res res the section on liability funds for damage
(agreed tip by a recorded vote of 311 ayes to 27 noes).
H. Res;'' 1139, the rule under which the bill was con-
sidered, w s agreed to earlier by a voice vote.
Pages H 4857?H 4893
Legislativ Program: Majority leader announced the
program fel the week beginning June ro. Agreed to
adjourn fro4 Thursday to Monday. Pages H 4906?H 4907
Calendar dnesday: Agreed to dispense with Cal-
ndar WednOday business of June 12. Page H 4907
Printing It+utions: House passed the following
esolutions, alltuthorizing printing:
H. Res. 935outhorization for reprinting additional
copies for use ci the Committee on the Judiciary of the
committee pri4 entitled "Constitutional Grounds for
Presidential Im eachment";
H. Res. rooP authorizing the printing of the itran-
script of the pr -eedings in the Committee on Rules of
October 25, 1973
H. Con. Res. i2or, to reprint the brochure entitled
"How Our Law il are Made". Agreed to the committee
amendment;
H. Con. Res. 4, authorizing additional copies of
Oversight Hearin s entitled "State Postsecondary Edu-
cation Commissi s";
H. Con. Res. 45 to authorize the printing as a House
document "Our g", and to provide for additional
copies;
H. Con. Res. 45 to provide for the printing as a
House document "cur American Government. What
Is It? Flow Does It rk ?";
H. Con. Res. 474, uthorizing the printing of addi-
tional copies of a re rt issued by the Committee on
Foreign Affairs; and
S. Con. Res. 73, auth ming the printing of additional
copies of a committee int of the Senate Select Com-
mittee on Nutrition an s uman Needs. .
Pages H 4907?H 4908
Referrals: Two Senate- s ssed measures were referred
to the appropriate House mmittees.
amendment as
Page H 4811
ublic Works-AEC Appropriations: By a recorded
vote of 374 ayes to 21 noes, the House passed H.R.
15155, making ropriations for public works for
water and power dvelopment, and the Atomic Energy
Commission for fisc year 1975.
Rejected an arnen1jnent that sought to delete Roo,-
000 appropriated for e Dickey-Lincoln School Lakes
project (rejected by 4 recorded vote of 186 ayes to
201 noes).
An amendment ilia sought to strike the enacting
clause was offered, and ubsequently withdrawn.
Pages H 4811?H 4854
Presidential Messag Railroad Safety: Received
and read a message fr the President wherein he
transmits the third annu report on administration of
the Railroad Safety Act o 197o covering calendar year
r973?referred to the Ce mittee on Interstate and
Foreign Commerce.
Page H 4856
National Science Founda r.n Authorization: House
disagreed to the amendme t of the Senate to H.R.
13999, to authorize appropr tions for activities of the
National Science Foundatio and asked a conference
with the Senate. Appointed conferees: Representa-
tives Teague, Davis of Geor a, Symington, McCor-
mack, Mosher, Bell, and Esch. Pages H 4856?H 4857
Deepwater Ports: By a yea-an ay vote of 318 ayes to
9 nays, the House passed H.R. oyor, to amend the
act of October 27, 1965, relatin to public works on
Page H 4925
Quorum Calls?Votes: ne quorum call, one yea-
and-nay vote, and four rec ed votes developed during
the proceedings of the Fi se today and appear on
pages 1-14809, H4852-H485 H4888, H4891-H4893.
Program for Monday: Met it a.m. and adjourned at
8:ro p.m. until noon on M day, June re), when the
House will consider the foll ing bill from the Com-
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2 Approved
For ReletKOMTAMOSAINAVAIMPftgea3ikA146 i'fkg19-5
iittee on the Districz of Columbia: H.R. 15074, Political
Campaig a Finance Practice Regulations.
Committee Meetings
DEFEN APPROPRIATION
Committee ve Appropriations: Subcommittee on De-
fense continu hearings on Army Reserve and Guard.
FOREIGN OP TIONS APPROPRIATION
Committee on App
eign Operations con
tary assistance and mill
MILITARY CONSTRU
rr. ow: Subcommittee on For-
ed executive hearings on milt-
redit ;ales.
).N APPROPRIATION
Commivee on Appropriatio, Subcommittee on Mili-
tary Cor struction continued h -ings on services' fam-
ily housing.
MILITARY COMPENSATION AlSTMENTS
Committee on Armed Serticec: Su it tee No. 4
continued hearings on H.R. mon, to re procedures
for adjustments in military compensatio estimony
was heard from Lt. Gen. Leo E. Benade, De Assist-
ant Secretary of Defense for Military Personn obey.
JUVENILE JITs'ncE AND DELINQI!
PREVENTION ACE
Committee on Education and Labor: S
Equal Opportunities met and approv-
mittee action a clean bill in lieu of
Justice and Delinquency Preventioi
BLACK LUNG BENEFITS
Committee on Education a abor: General Subcom-
mittee on Labor held a he g on H.R. 3476 and related
bills to amend bli-uk I ig benefits provisions Of the
Federal Coal Mine th and Safety Act. Testimony
was geard from esentative Hechkr of ,-West
Virginia; Nancy_,Olyder, Director, Division of Coal
Mine Workers npensation, Department of Labor;
Bernard Pop" , Social Security Administration; Jim
Hamilton, e County and James H. Preece, Martin
County, Black Lung Associations; and Anise
cc president, West Virginia Black Lung
Ass ion.
ings were adjourned subject to call.
INQUENT INTERNATIONAL DEBTS
Committee on Government Operations: Subcommittee
on Foreign Operations and Government Inforination
concluded hearings on delinquent international debts.
Testimony was heard from Sidney Weintraub, State
Department; and Richard Larsen, Treasury Depart-
ment.
-NCY
1914
rimittee on
or full corn-
6265, Juvenile
MILITARY CONSTRUCTION kUTHORIZATI
Committee on Armed Services: Subcommittee
continued hearings on H.R. 14126, to authoriz rta
construction at military installations. Further
was heard from Maj. Gen, Billie McGarv , Deputy
Director, Office of Civil Engineering, U
EXPORT AUTHORITY EXTENSION
REPORTING REQUIREMENTS
mmittee on Got ernment Operations: Subcommittee
o gislation and Military Operations continued bear-
H.R. 14718, and related bilis, to discontinue
or m fy certain reporting requirements of law. Testi-
mony as heard from Representatives Yatren and
Fascell; ailes Bingham, Office of Management and
Budget; ai Frederick L. Williford, National Federa-
tion of Ind dent Businesses.
Hearings adjourned subject to call.
FUELS AND E RGY CONSERVATION
Committee on ln or and Insular Agairt: Subcom-
mittee on Environ t continued hearings on H.R.
11343, to provide for iational fuels and energy con-
servation policy, and to tablish an Office of Energy
Conservation in the De ment of Interior. Testi-
mony was heard from Rus W. Peterson, Chairman,
Council on Environmental lity; and Dr. Herman
E. Daly, economist, Louisiana te University.
Hearings continue Monday, Ju o.
NATIONAL RESOURCE LANDS
MANAGEMENT ACT
Committee on Interior and Insular
mince on Public Lands continued
Committee on Banking and Curre : Subcommittee
on International Trade met for m up and approved
for full committee action a clea ill in lieu of H.R.
13840, to further amend and end the authority for
regulation of exports.
D.C. UNIFORM MANAG ENT OF
INSTITUTIONAL F ACT
Comrn;ttee on the Dist t of Columbia: Subcommittee
on Revenue and F. cial Affairs held a hearing on
and approved for 1 committee action H.R. 121
amended, to adoi for the District of Columbia the
Uniform Maria ent of Institutional Funds Act.
Testimony wa card from D.C. government and
public witness
STAT'E S a ENT FINANCIAL ASSISTANCE
Committe on rducation Ind Labor: Special Subcom-
mittee s14lIcation held a hearing on State student
finane assistahce programs an[ heard testimony from
public itnesses.
Hirings continue Monday, June
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Approved For Release 2000/09/08 : CIA-RDP75600380R000600200049-5
CONGRESSIONAL RECORD ? SENATE S 10205
June 1O,297
go over Until tomorrow and be called
up immediately upon the dispositioia of
the vote on the Kerinedy-Cranstoh-SYm-
ington amendment; and that there be a
limitation of 00 minutes instead of 1 hour
on the Mathias amendment; and that
upon the. dis ',Dation of the 'Mondale-
.
Mathias ame_ merit ' tomorrow, the
Votes, If such the be, which are ordered
on further amen. ents tonight, then
occur
The PRIDING OFFICER (Mr.
Norm). Is there obje on to the re-
quest of the Senator fro est Virginia?
Mr. STENNIS. Mr. Presi s t, reserving
the right to object?and I a i not want-
ing to object at all, unders d?how
much time are we going to ha or the
Mathias amendment?
Mr. ROBERT C. BYRD. o irty
minutes. "
Mr. STENNIS. That is The subma e
amendment? That will start oft the p
gram costing $1? billion plus. The coni
mittee unanimously left that out of the
bill. It seems to me that that is worth
more than 30 minutes.
Mr. ROBERT C. BYRD. I am sarrry,
but?
Mr. STENNIS. That is in addition to
the Trident which will be an ongoing
submarine. We may get the other before
we let ,the Contract for the Trident.
Mr. ROBERT C. yRD. Let me say to
the distinguished Senator from Missis-
sippi that if we stretch it beyond 30
Minutes, we will have some problems to-
morrow with our time SitUatiqn.
Mr. STENNIS. I want to coqperate, of
course, but we are up against it. The mat-
ter of aid for South Vietnam is coming
up. That is a matter that anyone can
bring up who wants to, but the commit-
- tee was unanimous on that. Then we
have the Jacks= amendment, That is a
far-reaching matter. Then we have the
Mathias amendment whieh .we had set
for tonight. Then there is another one
somewhere, the so-called ceiling amend
ment--and then final passage. ,
Mr. ROBERT C BYRD Those are it-
ready locked In. I was just trying to ..sh
out the work schedule for ternorr .
Mr. HUGH SCOTT, X weulci geest
to the Senator from MississiPP. hat it
is already late enough for th demoli-
tion charges to take care of morrow.
Mr. STENN38, We have ree more
amendments tonight, then?
Mr. HUGH SCOTT. If p, the votes
will go over until tomo ow, I under-
stand.
Mr. STENNIS. These e for tomerrow.
I am complaining m ly about the 30
minutes, with 15 m' tes to a side, on
the submarine am dment. I believe it
should have more than that.
Mr. ROBERT . BYRD. Mr. Presi-
dent, I revise request as follows: I
ask unanmio consent that the so-
called ceilin amendment by Senator
HUMPHREY b called up tomorrow at 2:30
p.m.; that ere be a limitation thereon
of 1 hour d 15 minutes, as previously
agreed to with the vote on final passage
to comJtipon disposition of the Hum-
phrey endment. That will allow the
addit al 30 minutes the distinguished
cha an would like to have on the
Ma ias amendment.
Mr. STENNIS. If the Senator will yield
further, what time do we have for vote
on final passage of the bill?
Mr. ROBERT C. BYRD. That would
mean that. the vote on the Humphrey
amendment would occur at 3:45 p.m.,
with a vote on final passage to come at
4 p.m.
Mr: STENNIS. Well, three amend-
ments are up for consideration tonight.
What is the suggestion as to them?
Mr. ROBERT C. BYRD. My under-
standing is that the amendment by the
Senator from Iowa (Mr. HUGHES) may
be accepted; that the amendment by the
Senator from Ohio (Mr. METZENBAUM)
will not take long to discuss, and the
vote would go over until tomorrow; and
the amendment by the Senator from
New York (Mr. JAvrrs) would not re-
quire long. Whether there is to be
rollcall vote on his amendment rema
to be seen. Those three amendmts
should not take too long.
Mr. STENNIS. I have not s the
ghes amendment. It was n offered
ommittee. The Metzenba amend-
has been voted on o before.
OBERT C. BYR P ere is the
situat . We already ha ?an agreement
that w re going to to live up to.
If we ca ot change we are going to
live up to at agr ent, and we will
vote tomo on al passage at 2:30
p.m. This w an that if we are go-
.
' Ing to call up r amendments tonight,
we will have t- ..ote on them tonight be-
cause we ca o r;? a ry them over until
tomorrow. e a aced with the clock
situation. was t g to accommodate
Senator 1 the wa ound, let me say
to my tinguished c irman.
Mr TENNIS. I see at we have got
to e more time here. could not ob-
jec o extending it 1 da onger. I just
w t more time on th submarine
endment-30 minutes to ide would
? e sufficient.
The PRESIDING OFFICE Js there
objection to the request of the' nator
from West Virginia?
Mr. THURMOND. Mr. Preside re-
serving the right to object, there i ne
amendment, the MASF amendrn t,
which has 1 hour to be considered. Th
is a very important matter. That sho
be made 45 minutes to a side.
Mr. ROBERT C. BYRD. Which
amendment is that?
Mr. THURMOND. The MASF amend-
ment concerning South Vietnam.
Mr. STENNIS. Aid to South Vietnam.
Mr. KENNEDY. Is there any objection
to my amendment's going over into the
afternoon? I would be glad to be here,
but we have already moved our witnesses
to come in earlier on the Health Com-
mittee, to bring us to a quarter to 10.
We have many out-of-town witnesses
t rho are coming in. I would be glad to
to adjust and accommodate Senators.
It seems to me that as this is a quarter
to 10, and we have already moved it
back earlier, it seems to me?although
I am prepared to come in at any time?
I want to have a full house here?this
deals with cutting back on military aid
to South Vietnam. That is an important
amendment. I would like to have my col-
leagues around here as well, and I am
prepared at any time tomorrow, but at
9 a.m. I do not think we will h
kind of attention to this amen
It deserves.
Mr. ROBERT C. BYR
as good at 9 a.m. as
like to have it
Mr. MAN
hope the
ve the
t that
e amend-
ment is presently sched
to go at 9:30.
The Senator's atten
e will be about
.30.
Mr. KENNEDY
am not objecting to
having it consi
d earlier but I would
en up later in the day.
ELD. Mr. President, I
ators from Massachusetts,
Mississip
and South Carolina would
recogn
the difficulties in which the
joint
dership some times finds itself
wh
e reach what we think is a bona
agreement, an agreement reached
good faith, and then one Senator,
en he found out that there would be
other amendments to be offered tonight
as of a certain time, raised an objection
and felt that he was being put upon. He
was not. But I cite this only to indicate
that the joint leadership does have diffi-
culties and that what we need is more
understanding from the membership if
we are going to keep the calendar as clear
as possible. So far as 9 or 9:30 is con-
cerned. I do not think it will make any
difference.
Mr. KENNEDY. I will be glad to have
my amendment called up at 9 o'clock.
Mr. THURMOND, Mr. President
Mr. MANSFIELD. The Senator has
got it. Leave it alone.
Mr. THURMOND. Mr. President, I felt
it was important but if there is any seri-
ous objection to it, we will leave it as it
is.
Mr. MANSFIELD. All right?all right.
Leave it as it was.
Mr. THURMOND. I just want to ac-
commodate the Senator.
Mr. KENNEDY. I thank the Senator.
Mr. MANSFIELD, 9:30.
The PRESIDING OFFICER. Is there
objection to the unanimous-consent re-
quest of the Senator from West Vir-
ginia? The Chair hears none, and it is
so ordered.
Mr. MANSFIELD. Mr. President, if I
may synthesize what has been said here,
there will be no further votes tonight?
no further rollcall votes to be taken to-
night. As agreed to, the votes will be put
.if until tomorrow.
Mr. JAVITS. Mr. President, in view of
fact that Senators may be late to-
ow, I would like to ask unanimous
t that it may be in order to ask
yeas and nays on m
Tl y amendment.
RESIDING OFFICER. Without
ITS. Mr. President, I ask for
nays on my amendment.
d nays were ordered.
S. Mr. President, may
one question? Does he
ent worked out?
; I do.
wish the Senator
CO
for
T
object it is so ordered.
Mr.
the yeas
The yea
Mr. ST
ask the Sen
have his ame
Mr. JAVITS.
Mr. STENNI
would supply it.
Mr. ROBERT C.
I ask whether the dis
of the bill and the dis
minority member will
the time on the Humphre
so that it would be 1
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D. Mr. President,
'shed manager
lied ranking
e to cutting
mendment,
on that
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S 10206
WNGRESSIONAL RECORD -- SENATE June 10, 1974
sinlendmena rather than 1 hour and 15
rriinutes.
Mr. STENNIS. Which amendment ts
that? *
Mr. ROIt T C. BYRD. That Is the
ceiling am( t.
Mr. STENNIS think so.
Mr. TB. S I. Mr. President.
reserving the right object, what is the
amendmeeit?
Mr. ROBERT C. The se-carted
ceiling aniendment.
Mr. THIPRIVIOND. 1 ha not seen the
amendment. I do not know t it con-
tains. I would, like to see a co of it.
Mr. ROBERT C. BYRD. I sorry; I
cannot produce it.
Mr. TErtrRmoND. I have been ing
to get it, and I have not been to
do so.
Mr. STEnNIS. Is anything in it besi
dollar figures?any conditions, limit
lions, things of that sort?
Mr. ROM ERT C. BYRD. May I ask the
clerk of the committee? Perhaps he
knows. He indicates in the negative.
Mr. STENNIS. We have not seen any
amendment.
Mr. THURMOND. We have not, seen it.
We cannot get it.
Mr. STENNIS. We have been agree:ng
to time limitations and everything, an
they will not turn in the amendmen
Mr. ROBeetT C. BYRD. Mr. Preside
there comes a time when I just have
sit down.
Mr. METZENI3AUM. Mr. Presid ,, I
ask unanimous toneent to call an
amendment at the desk, for the se
of asking for the yeas and nays wl e suf-
ficient Members are present. a
The PRIeSIDING OFFICER 'Mill the
Senator just ask unanimous c sent that
it be in crder to order th yeas and
nays?
Mr. METZENBAUM. I sorequest.
.
Is there
none, and it
of a nationally recognized civilian accredit-
ing assodeAfon approved by the Commission-
er or Education. Department of Health,
Education, and Wedfare, the ancient
of the United States Army Co d and
General Staff College may reccen-
mendation by the faculty co r the degree
of master of military art a science upon
graduates of the college o have fulfilled
the following degree req eats: a mini-
mum of thirty semesteejiours of graduate
credit, including a m rs thesis of six to
eight semester hour . a demonstration
of competence in discipline of military
art and science evidenced by satisfac-
tory performance a general comprehen-
sive examination ese requirements may be
altered only wi the approval of such asso-
ciation. The S 'bay of the Army shall re-
port annuall r. the Committees on Armed
Services of e senate and House of Rep_
resentativ he following information: (1)
the erl _ which must be met to entitle a
student award of the degree, (2) whether
such c ria have changed in any respect
ing e reporting year, 13) the number
t nts in the most recent resident
graduating class, (4) the number
of students who were enrolled in the
military art and science program,
the number of students success-
leting the master of military art
m."; and
g the following new item at
analysis of such chapter:
The PRESIDING OFF
objection? The Chair hesj
is so ordered.
Mr. METZENBAUM.
and nays.
The yeas and nays
Several Senators a
The PRESIDIN
task for the yeas
ere ordered.
ressed the Chair.
OFFICER. The
recognized.
r. President, I send
e desk.
G OitetICER. 'Me
e stated.
legislative clerk pro-
the amendment.
S. Mr. President, I ask
nsent that the further
amendment be dspertsed
Senator from Iowa
Mr. HUGHES.
an amendment to
The PRESID
amendment
The assista
ceeded to :-ea
Mr. HUCTI
unanimous
reading of te
with.
The PRe
objection;
ob
in
The a
On pa
Si
SEC.
States
at the
-4
IDING OFFiCER. 'Without
is so-ordered; and, without
jection,
e amendment will be printed
the R
ORD.
eidment is as follows:17, between lines 20 and 21, insert
new se
ic n as follows:
(a) Chapter 401 of title 10, United
is amended--
(1)
adding the following new section
d thereof :
314.
?

rated States Army Command and
etenerai state College degree
"naIler regulations prescribed by the Sec-
retary of the Army, and with the approval
an
(2) by
he end of
"4314. United Army Command and
General if College degree."
(b) The Comma of the United States
Army Command neral Staff College
may confer the degree aster of military
art and science upon gra es of the college
who have completed the enaents for
that degree since 1964 but pr the enact-
ment of this Act; but the nu of such
degrees awarded for such pen.' may not
exceed 200.
Mr. KENNEDY. Mr. President, will the
Senator yield?
Mr. HUGHES. I yield to the distin-
guished Senator from Massachusetts.
w.9.0.01
AMENDMENT OF FREEDOM OF
INFORMATION ACT
Mr. KENNEDY. Mr. President, I ask
the Chair to lay before the Senate a
message from the House of Representa-
tives on H.R. 12471.
The PRESIDING OleeiCER (Mr.
NUNN) laid before the Senate a message
from the House of Representatives an-
nouncing its disagreement to the amend-
ment of the Senate to the bill (H.R.
12471) to amend section 552 of title 5,
United States Code, known as the Free-
dom of Information Act, and requesting
a conference with the Senate on the dis-
agreeing votes of the two Houses thereon.
Mr. KENNEDY. I move that the Sen-
ate insist upon its amendment and agree
to the request of the House for a con-
ference on the disagreeing votes of the
two Houses thereon, and that the Chair
be authorized to appoint the conferees
on the part of the Senate,
The motion was agreed to; and the
Presiding Officer appointed Mr. KENNEDY,
Mr. HART, Mr. BAYII, Mr. BURDICK, Mr.
TUNNEY, Mr. McCertaan, Mr. TH'UR-
MOND, Mr. MATITM, Mr. GURNEY, and
Mr. Fleusaa conferees on the part o
the Senate.
DEPARTMENT OF DEFENSE .APPRO-
PRIATION AUTHORIZATION ACT,
1975
he Sc continued with the con-
sideration f the bill (S. 3000) to author-
ize ap during the fiscal _year
1075 for oeurement of aircraft, mis-
siles, na vessels, tracked combat
vehicles, rpedoes, and other weapons,
ani rese ch, development, test, and
eveluat' for the Armed Forces, and to
prescribe the authorized personnel
steength each active duty component
and of th Selected Reserve of each Re-
sei ve onent of the Armed Forces
mei of ci an personnel of the Depart-
ment of fense, and to authorize the
military aining student toads, and for
other purjses.
Mr. STNNIS. Mr. President, will the
Senator ld?
Mr. HES,. I yield to the distin-
guished Stinatoe from Mississippi.
Mr. STNNI& Mr. President, for the
Senator flm West Virginia, the assist-
ant majo ty leader, I ask unanimous
consent t t the time on the so-called
ceiling am dmerit be reduced to 1 hour
rather th4l 1 hour and 15 minutes. I
beneve theMenator from Minnesota and
the Senat# from South Carolina. join
me in thanrequest.
:eft THVRMOND. I have not; ex-
pressed rayfelf on that, Mr, President,
but I will4iree to it.
The PRIDING OkTICER. IS there
objection?
Mr. HIIES. Mr. President, reserving
the right t4 object, I would like to know
what was ehid. May I inquire what the
request is? 'e
e
Mr. STErIS. That the time far de-
bate on Humphrey amendment,
which is tee'- put a ceiling on the dollars
in the bill, e limited to 1 hour, equally
divided.
The P sWING OFFICER. Is there
objection? e Chair hears none, and it
Is 3o order
Mr. ROB T C. BYRD. I thank the
di etinguish chairman,
Mr. HUG S. Mr. President, may we
have order I the Senate?
The PRE ING OFFICER. The Sen-
ate will be interder.
iefr. HUG S. Mr. Preaident, will the
cheirman gi me his attention? He is
about the o one I am interested in
speaking to 4present.
Mr. ,STEN S. I have just turned over
my duties to e Senator from Nevada.
Mr. HUG Z. Mr. President, the
amendment I m offering, together with
SetlatOrS EAST ND, IVICGoVERN, DOLIC and
GOLDWATER, i rather simple one. It is
to authorize e Commandant of the
U.S. Army Cc4.marid and General Staff
College to et the degree of master
of military and science.
The amend
eeirst. Lists
to obtain the d
me and science
Second. Pro es that the require-
ments may be ed only with the ap-
proval of a na i fly recognized civilian
acerediting ass tion approved by the
U.S. Commissi of Education.
Third. Provid that the Secretary of
e specific requirements
of master of military
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June 2,4, 1.974 'CONGRESSIONAL RECORD HOUSE
r
The _and's-ton then comes to be haw to It used to be, only a few years ago, that rural and deprived areas.
sloweco,tiop,ic inereases in the most equi- the problem was low-income housing. Now it ring today. In my own
t _paisible and in concert with the is . how to induce builders to make homes for
?
1.414 ,?.:
young physicians have
e "%Mfg", 'realities. middle- to upper-middle-income families as
nt, there seems to be just one an- well. Is it too much to suggest selective in- tice as of this year
table. Chairman Arthur F. Burns, centives, or even direct controls, to make county of Barren,
I Reserve Board,. with some help credit more accessible for this sort of have located
E. Simon, Secretary of the building? County, two n
in to lead us back to the It seems eminently reasonable that banks into the pm
t old time religion"?tight should receive reserve credit for certain types I sub ?
est rates and perhaps even of lending?to a certain type of builder or accent
budget.
Is of Such -a policy is
?16,1fiiiiersonal, easy to
Stiindable.
ncerely believe it can
--- - - '
'hanged structure of
obvious to the so-
doption, and does
to the real prob-
swer on
of the Fe
from Willie
Treasury, is
practice of
money, high in
a balanced rede
The attractiv
enormous. It
administer and u
I envy thOse" w
work.
The plan ignores tl
our OCOribinic system;
cia1 consequences of it
not bring about a solut
lem that confronts us. '
What we have tO do wh slowing growth
Is to continue to transfer sources-, on a
relative basis' at fro .e consumer
sector to the Producer sector ur economy
over the next two and a half are.
Energy limitations and othe constraints
on growth make it "essential th the means
of production go where they are t needed.
We havelii invest in new equl nt that
Utilizes energy nibre efficiently small
cars, energy-efficient machinery), d we
should shift to new enargsf Sources more
development of existing" sources (co rsion
to coal, new-mines, gasification plan rifl-
ing rigs and pipes). Financing, thereto has
to be channeled to the most productive- es.
Such a situation lieks for a more se Ise
approach. 'Pollens have to be dove d
which cope with inflation by insuring nt
there is a sufficient' supply of the materi
that feed the induetrial Machine. This w
occur only if growth is provided to tilos
uses which give us the maximum benefl
from our limited resources, at the expense
of other users of credit 'whose activities can
be delayed.
Although this requires that policy makers
have to start making hard decisions about
resource allocation, snrely that is preferable
to slowing _everything indiScrinainately an
thereby postpening needed adjustments
the new enerp'retilities.
Specifically, we 'need more savings by n-
sunaers and more spending in the right ces
by producers. S1? is Prerequisite in-
vestment.
The major source of Savings in A
the average-income eartier.-He co
coUraged by making interest tax
regular savings anconnts and on
ficates of deposit up to $20,000
banks, mutual savings banks a
loan associatimis.
Higher-income taiA xpayer
annual earngs 'of $40
be enconreged to sive 10
the next three years, it
with its original phrch
the end of that period
required to restore P
be measured again
Index.
?
erica is
be en-
xempt on
tail certi-
commercial
savings and
perhaps with
,00
and over?could
r cent a year for
is were returned
ng power intact at
he dollar increment
chasing power would
the Consumer Fzice
We need to ch mel credit to areas of
greatest need. I a not suggesting some sort
of national ore- t allocation committee.
-Etather, we sho d go the route of putting
inceritlie; to ork. Having increased sav-
ings incentive along the lines suggested, we
should use th existing system for allocating
investment r ources to provide incentives to
move mone where it is most needed.
Just last eek some thinking along these
lines by t e Treasury Department was re-
vealed, al ough it is anybody's guess how
Mr. $imo s ideas for stimulating investment
will fare n Congress.
Why at go a step further? Monetary policy
should .e able to help channel investment,
too. Housing is one possibility.
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for construction of new capacity in hard-
pressed industries such as the providers of
new energy sources or mass transit. Reserve
debits against lending for essentially specu-
lative or consumption-stimulating projects
also could be a possibility.
The net result would be to reduce the cos
of credit extended for desired purpos
through the stimulus of the profit-incen e
system. No new bureaucracy need be cr d.
The Federal Reserve System once n-
istered a Regulation W, which has been
in effect for over 20 years now. It ecifled,
among other things, the down p eat and
duration of loans to finance a mobiles. A
similar regulation, instituted , , could lit
loan terms to the kind of c nanced?low
payments and extended t s for energy-
efficient cars, the reverse r gas-guzzlers.
The same kind of th ing could be ex-
tended to other kinds consumer lending,
discouraging the so spending we do not
need now and enco ging the kinds we do
need: less for luxu condominiums, more for
basic, energy-effl t housing.
The new real of the nineteen-seventies
is that resou s are not unlimited. Gen-
eralized mo tory restrictiveness is not
enough to ct the shift from consumption
to invest t that we must have. It denies
credit in riminately, no matter who bleeds.
If so ne must bleed, certainly it should
not b the industries and entrepreneurs
whos ontributions we need most.
In criminate credit restrictiveness threat-
he enterprise system. It is promoting
socialization of industries?rails, utili-
soon perhaps other transportation and
y suppliers?that had been regarded as
rks of the private economy.
time to face more creatively the need
to s growth and contain inflation while
we capacity where it will do the most
good ,-view of new limitations on resources
we ca ing to the task.
THFROBLEM OF PHYSICIAN
DISTRIBUTION
(Mr. C TER asked and was given
permission address the House for 1
minute, to ice and extend his remarks
and include traneous matter.)
Mr. CAR . Mr. Speaker, at the
present time A e are over 366,000 prac-
ticing physici in the United States.
Our medical se T..ls are graduating over
12,000 students h year.
The ideal rat Y of physicians to the
population is est + ted to be 1 to 1,000.
Since we now ha ratio of 1 to 680, we
can see that we ally have an ade
quate supply of ph ians. A signiflcan
problem, however, i ne of distribution.
The tendency over t ears has been for
physicians to loca n affluent areas
amid pleasant surrou i ngs. As a result,
our ghetto and rural as are not ade-
quately supplied with sicians. As the
number of physicians grown, an in-
creasing number have een choosing
rural areas. I submit tha i. we continue
with the present assist to medical
schools, and with our pre t loan and
scholarship plans, in a fe ears there
will be an overflow of ph dans into
sician
scho
th
11 501
ts occur-
county two
ered into prac-
the neighboring
or more physicians
e; and, in Clinton
hysicians have entered
e of medicine.
r. Speaker, that we should
program of supplying phy-
rural and deprived areas by
ships such as those given under
erry plan. For the National Health
Ice Corps, the scholarship amounts
$9,000 per year and requires after
graduation, interning, or residency, prac-
tice in a rural or deprived area for 1 year
for each year of scholarship received.
Mr. Speaker, an alternate method of
securing more physicians in rural and de-
prived areas is to preselect from these
areas students who want or who will
agree to return to such areas. This can be
accomplished at a much smaller cost
than the plan submitted by one of my
conferees in the House and two Members
of the other body which would provide
loans of $12,000 per year to all medical
students who desired them?and it is
estimated that 85 to 90 percent of all
medical students would accept this
loan?with the qualification that those
students serve in the rural or deprived
areas on a salary of $25,000 per year, at
the end of which time the $50,000 loan
would be forgiven. It is my sincere belief,
Mr. Speaker, that this cost would be
tremendous and inordinately onerous to
the taxpayers of this country. It is my
feeling that more than 90 percent, I
should say in the neighborhood of 98 per-
cent, of our medical students would ac-
cept such a magnificent loan and this
would cost our taxpayers $2.744 billion
each year.
In summation, more than likely, pur-
suing our present program we will be
able to supply physicians to rural and
deprived areas, and if we wish to go fur-
ther by giving incentives to the National
Health Service Corps and a modest num-
ber of medical students under a plan
similar to the Berry plan, we can ac-
complish our purposes in seeing that
every American has access to a phy-
sician without other unnecessary and
enormous expenditures.
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from Cailfornia (Mr. TALCOTT) is
recognized for 20 minutes.
[Mr. TALCOTT addressed the House.
His remarks will appear hereafter in the
Extensions of Remarks.]
FREEDOM OF INFORMATION ACT
AMENDMENTS OF 1974
The SPEAKER pro tempore. Under a
previous order of the House, the gentle-
man from Texas (Mr. STEELMAN) is rec-
ognized for 5 minutes.
Mr. STEELMAN. Mr. Speaker, secrecy
in a democracy can never be better than
a necessary evil. Ours is an open society,
and our foreign policies can never suc-
ceed for long if they lack public under-
standing. There is no inherent virtue in
secrecy, and much danger. Danger posed
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II 5432 CXRESSJJQJAL RECORD ---- HOUSE AMC 24, 1974
I-1 Cele/
not alone te the
Meoniereboace, e.
native error, bat Imre -Olulearnnineate
nog thaewtens the very toundatione
reentiltbutiouse 4:temacy whoa 1,
knoomes eult and addiction of thosein
Medi office, it slitalMali -10a4ela eltarsita
Ing opinions weaved br Vim 1Wek
access to leant -and is need
? excludedieritaad nelder
debates. -
nTherelliere, Illintoday introdtringleg-
*Wish *Menet ta change our preeeat
teneetelte classitiloation system, tele
"r tn ooted mettelisted concepts, dor:nines,
and Illethadisp" soul Orientate one rooted
In the bake that Menness Is right, ,and
secrecy whet deadly vital, is indeed a
necessary eril.
Recent events provide us -with a nat-
ural Pattie to collect our oriticisins of
the past- and -preasut lases, *buses, and
preblemsen mower In Remanent, and
tree/slate them haw a hard-hitting re-
Senn ebb& 'Me berewitas provided by
these abseils One Practices should inspire
Us to acdon, and I hope theta will be a
milted efort to etebhwe this reform.
'Thomas, the orig.= of the present -se-
renity elaredicationewetent can bettered
back before World-War I, the present MIE--
euutive tarder 11452 now controlling etas-
eine:stem anddeelesstileation of national
security lieformatkm, Was fathered in
19413 by Prieddent leratertin 1). Roosevelt.
Pre/Adorn Reseservett was the -that Fred-
dent to iinake areal an Exeduarve order
to establitile are ereteartive elersidlicatkm
system. Presideats Truman, Eisenhower,
Keraneeleq ,and Mien, amaranth robing
rnernarienee Mined oonstattetional pota-
ere of the office end selected statinee,
etther issued thedr Dan Exeoutive orders
or amended existtog ones to suit tieeir
views of how a security classification lan-
tern shored, be conducted. However, the
mere de facto operation of this lececuteve
iimeurity elaesificlation system is not evi-
dence of to iwissionnor does it bestow a
de jure bads tor emit an eyarcutive
iys-
tern.
One of the stations emaciated with
governmental merecy has been the idea
that adminhatrative regulation of secrecy
pradieesatritteinethe executive trench is
uniquely eke mama of the Eirecutive.
This propceition listanever been substan-
tiated and as the Mar 22, 1973, report on
nExecutieti Clastailleatkm of Deferent-
tioo," bythe niansetettomen -tine on Goy-
ernnaent Cperations, atcAnted out on page
11:
The extent of the President's constitutor,-
al 'power to oentridl the distlesure -by person.,
In the exieritive -tennidi er ativernment zoid
to withhold information Iruail the -Congress
and the allelic ensekthe been in controversy
and has never been fully settled.
_
In fact, In view at the constitutional
duties resting onCongress to Provide for
the rommen deleine, it van be persua-
stvely aliened lthit'dne congress has not
only a, rig** trut a thity to devise a system
to control and luidle *hat dieted and
Should net wielnheld in the notional
temerity in teineterieregressbas never ant-
Med a In w; with aprinteetie OM-
lAtationot Biala belief*, tereltneA'insifilsett
as The rbtamaseller Met to rearaiol
tine protect au itesienr tene laren
vim if he determitata that peddle =nes
would damage the eeoaoh our Bicentenniai, trust Mr corn-
entenent to the concept of an canal gov-
ernment that opposes all but absolutely
-,,p9essepilr aec.reay will be no Imo firm
taan was .our Pounding Fathers' commit-
ment.
- ermereess Las permitted this
to _ sace=n_ selasareattion eyetem
t
Oe t onterelz totl oe eneua?te- Pros
Went time Me= we are record
s-
? theimplicit dangers of an einuirraa
Proddeneyn Ousegress mot reassert its
Mantel DI/tee as an equal branch of Gov-
ernmeni Tepresefi(jilgthe people, by giv- The SPEAKER pro 'compare. Under a
lug Ifte= aenuein What tape of security previous order of the House, the gentle-
cle sennteation aystem they must live man from Connect-iced intr. McKee:mot
under. Congress should meet this ebliga- is recoi Ized for 5 minutes.
tion by creating a etatuteatly based se- Mr. Y. Mr. Speaker, the
curity classification system that is tight- questio of railroad saiety enforcement
ly emetrollell, thoroughly Inspected, arid is of militia coneene to me as I rep-
continually challenged resent proximately 33,004) commuters
This legislation pro eoses just such a who da ride the Penn Central Rail-
system by providing a simple, straight- road int
forward and workable alternative to the Beca
prereut dtsiceeihteel oiclftr oleasif,vRitica on-nide/AL%
system. Senator nun tAVAX has al:reads- New York
Introduced identical legislation in the the rade
Senate and any effort today well eomple- held hew
merit ins tfurient efforts. 1473, to he
Mr. Speaker there ,is abundant proof deuce. In
today that the Executive order .secrecy ous compla
system has failed completely to achieve attention a
Its stated purpose. In the words of the ranted inv
Air Porce's fanner Deputy Assistant for reused from
Security and Trade Affairs, the? ce jobs by
Use of broad national ,ectulty interests as manned ore
a basis for secrecy Inviti s people to classify personnel by
inasilive Vellums ce infa-mation the disclo- merit, poor e
sure of Whidh would not damage the na- proper trainin
tionai defense. 'This has weakened and dis- in key areas in
credtted the system to the point Where sig- leak of track m
enteantenormation is subjected to The same
loose handling as unimportant information. tan of safety
ears.
This -was the
ORA had ever
that agency wit
demonstrate their
and their cone
rail safety standar
However, PRens d
and lack of
onstrated by the f
most a .year later,
RAILROAD -SAFETY
ew York.
of the rising incidence of rail
atlas, and injuries on the
niaectiout commuter lines,
Railroad Adminianatian
s in New Yort on July 28,
testimony and gather evi-
tatement I discussed vale-
s winch had come no my
which, I believed, war-
ion. These complaints
continual elimination
.Penn Central, -short-
alienation of operating
Id- and lower-manage-
ent inspection, inn-
important personnel
ring train movements,
tertance, to the ques-
e new Cosmopolitan
such hearing the
and surely presented
the opportunity to
rest, their concern,
enforcement of
rest, unconcern,
have beet dem-
at here it'es, al-
their repOrt on
Because at this the bill attempts, in a
clear, tineonnelicated way to set out a
leroandule and system that will be effec-
tive 'by first aniniorienng classification of
information in a single category only?
"Secret Defense Data." The bill further
outlines in both a posit lye ends negative
way What Information can legitimately
be elamilfied. The bill provides for the
automatic declassifirmeon of materials
after 2 years, although there are mech- safety cc:mentions on New York-Con-
anisms in the bill for specific deferral necticut commuter hales has yet to be
of declassification for secret defense data iesued. I am cont.' y told that be-
that should remain elassilled for longer cause this was the a t such hearing
than 2 years. ever held, the process nes extensive
The bill limits the list of people who evaluation. But does it really take a year
may originally classify information as to prepare a report on oh an argent
"Secret Defense Data," anti will thus and deteriorating situa ?
insure a final responsibility for OVerClaS- I was promised the rt'would be
sifica.tion. toned last month. That e, stable was of
And a final major provision of the paramount importance Connecticut
bill will charge the General Accounting cammuters because our S e had an ap-
Office oath the monitoring of the imple- plieatian pendieg before Urban Mass
mentation of this new congressionally Traosportation Adminie 'on for the
authorized system. I aim sure my col- purchase of 100 additicommuter
leagues it the House of Representatives cers, cars which many of onstiiments
and the public are ;maze of the tradi- fear to ride because of t uestions of
tem of tenacity and veracity GAO has safety that have been rais repeatedly
developed over the years in faithfully shire the cars first took ta he tracks.
carrying out ander/mei its from the Con- Prime eenceam centers on t question
grass, and I feel that this is a good, of the combustability of Qie's 4 inte-
aneed approach. The GAO will be di- riots and safe exiting from cars in
rested to review agency antedementing case of emergency. The fundi or the
regulations, periodically inquire as to the purchase of 100 additional ea es ap-
need for assignment or retention of a played last week but the comm fears
secret defense data designation, conduct remain. Are these comnopo cars
Periodic on-the-job checks, pursue in- safe'? Is the Federal Goverrune rovid-
quiries if needed, arid transmit reports of lug funds for identical cars w h the
their findings to both the Senate and the FitA report may deem danger
House. What order of priorities d the
Tins issue is of pressing concern be Department of Transportation the
each _Member of Congress, and as we tip- Federal Railroad Administratian where
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Approveptl-F6 Releasl-2,K4J0/09/08 : CIA-RDP75600380R000600200049-5
THE WASHINGTON POST
DATE
ata Bill Show
.By Bob Kuttne:r
Washington Post Staff Writer
A House-Senate conference
committee is scheduled to
!beet this afternoon to com-
plete action on. freedom freedom of
information bill that President
Nixon had , been advised to
veto.? . ?
:President Ford's decision on
whether to sign the 'measure,
which is almost certain to min
final :.passage, could provide
an: early test of the limits of
his commitment to "openness
and candor" in government.
The bill is intended to close
loopholes in the 1966 Freedom
of Information Act, and to
make it harder for officials to
deny government ,doeuments
arbitrarily to the press and
the public.
Sen. Roman Hrusia (R-Neb.)
had Urged Mr. Nixon to veto
the measure. The Justice De-
partment has raised objections
to several provisions, though a
ranking official denied yester-
day that the department wants
a yeto.
The package of amendments
has been gestating since 1972,
when the House Foreign Oper-
ations and Government Infor-
mation Subcommittee began
oversight hearings on enforce-
ment of the 1966 act.
,The hearings and a compan-
ion investigation by the Sen.;
ate Administrative Practices
Subcommittee revealed a for-
midable array of bureaucratic
devices for evading the intent
of the act. In a number of
cases the government, in ef-
fect, simply denied the re-
quest for information, and in-
vited the citizen to sue.
Malvin Schecter, an editor
of Hospital Practice Magazine,
took the Social Security Ad-
ministration to court i.n order
to pry loose some nursing
home inspection reports. The
governinent didn't appeal the
decision but when Schelter
Ikaoll to reqiiest a second
:116,),114td,t9, guo,, suit all
Depart-,
?:fised. the Sallie: ploy, un
Olide:eisfully: :to discourage
tempts: by a public interest
grATRO 00)4 ?meat insp ec. ,
tion recca;da.
.Sen. Birch Bayh (D-Ind.)
sued the Federal Trade Com-
mission to get a look at a trariL
script' co:ncerning the FTC's
antitrust complaint against;
eight oil companies. He. won;
but when reporters asked fok,
copies of,,the same transcript;
the 'FTC ;ruled that they had
to filejheir own Freedom of
Information Act requests.
, . The problem,' according to
Sen. Edward M.' Kennedy (D.
Mass.) and Rep. William Moor-
head (D-Pa.), sponsors of the
amendments, is that under the
existing law # bureaucrat can
give the public an extended
runaround and face no sane-
tion even if the citizen has the
; ?
PAGE
own Near
SEN. EDWARD M. KENNEDY. REP. WILLIAM MOORHEAD
... sponsors of alitendments to information bill
stamina to file and win a suit.
When citizens did sue to en-
force their rights, the govern-
ment lost more than half the
cases. ?
A Justice Department advi-
sory, committee, which coun-
sels 'other agencies on which
refusals can be defended
under then act, has lately im-
proved that ratio somewhat.
The legislation would add
incentives to make officials re-
lease the information without
being taken to court.
Last week, the House and
Senate conferees tentatively
agreed on all but one provi-
sion of the bill. The measure
would:
? Permit citizens who win
freedom of information suits
to recover attorneys' fees.
? Prohibit delays in re-
sponding to requests by set-
tin a time limit of 10 working
days.
? Shift the burden of proof
to the government when it
seeks to deny information in
an "invesidgatory file."
? Require agencies to de-
velop an index of publicly
available information, and to
set uniform and reasonable
fees for document searches.
? Give courts the power to
judge whether a secret docu-
ment was properly classified
in the, first place, overruling
the Sttpreme Court's decision
in the unsuccessful suit by Rep.
Patsy Mink (D-Hawaii) and
others to obtain scientific re-
ports from the Environmental
Protection Agency on the pos-
sible hazards of the Amchitka
nuclear test. The court ruled
that the government's classifi-
cation of a document is not
subject to judicial review.
Still unresolved is a tough
sanction provision added by
the Senate, which would per-
mit a judge to order penalties
for an official who denied in-
formation "without reasonable
basis in law." Officials could
be suspended without pay for
up to 60 days.
Kennedy, the main Senate
sponsor of the amendment,
contends that the sanction is
necessary to "eliminate many
of the cases where obstinate
officials disregard the law in
order to minimize embarrass-
ment to the agency."
Many of the House confer-
ees consider the provision un-
fair to the official, and bad
law. They argue that the rest
of the package provides ample
incentives. A possible compro-
mise suggested by Rep. Paul
McCloskey (R-Calif.) would
give the disciplinary powers to
the agency rather than ,the
courts.
Apart from the sanction pro-
vision, the measure is not con-
troversial among congress-
men. It passed both chambers
earlier this year with over-
whelming bipartisan backing
and frequent references to the
need for post-Watergate re-
form.
However, the Justice De-
partment raised objections to
the provisions permitting the
courts to overrule security
classifications of documents,
the shortened time limits, and
particularly to broadening ac-
cess to information in law en-
forcement files, which was
strenuously opposed by the
FBI.
In keeping with the spirit of
the legislation, the sessions of
the House Senate conference
are open to the public, still a
relatively, rare occurence in
Congress. President Ford -has
not announced a position on
the bill.
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-4
House of Representatives
The House met at 12 o'clock noon.
The Cha lain, Rev. Edward G. Latch,
offered thellowing prayer:
Let integrz and uprightness preserve
me; for I wai Thee.?Psalms 25: 21.
- God of our hers, we draw near to
Thee as we cc: rate the 200th an-
niversary of the t Continental Con-
gress and we paus o acknowledge our
dependence on The to thank Thee for
Thy guiding spirit w h led our Nat Lon
In the past, and t ray that Thy
presence may be with lead us in the
days ahead.
May our celebration iss into a great-
er commitment to Thee nd to our
country that this Nation o s may be
great in religious faith, gre in moral
living, great in liberty and tice for
all, and great in the brotherh f man.
May the words of our mo the
worship of our hearts, and the of
our hands be acceptable unto The we
seek to bring hi the day when n
shall live in peace, for freedom and
good will in every heart.
In Thy holy name we pray. Amen.
THE JOURNAL
The SPEAKER,. The Chair has ex-
amined the journal of the last day's
proceedings and announces to the House
his approval thereof.
Without objection, the Journal stands
approved.
There was no objection.
MESSAGE FBOM .r.tira SENATE
A message from the Senate by r
Arrington, one of its clerks, anno ed
that the Senate agrees to the lort
of the committee of conference the
disagreeing votes of the two H1 es on
the amendments of the Sen to the
bill (H.R. 16243) entitled " ct mak-
ing appropriations for the partment
of Defense for the fiscal 7ar ending
June 30, 1975, and for ot purposes."
The message also ann ced that the
Senate, agreed to the am dments of the
House to the amendme of the Senate
numbered 7, 15, 28, 34, d 38 to the fore-
going bill.
The message also ounced that the
Senate agrees to ti, amendment of the
?House to a bill of e Senate of the fol-
lowing title:
S. 3320. An act extend the appropriation
authorization f porting of weather modi-
fication activit
The xness also announced that the
Senate h: /assed a bill and a joint
resolution if the following titles, in
which the concurrence of the House is
requested:
S. 3585. An act to amend the Public
Health Service Act to revise and extend the
programs of assistance under title VII for
WEDNESDAY, SEPTEMBER 25, 1974
training in the health and allied professions,
to revise the National Health Service
Corps program and the National Health Serv-
ice Corps scholarship training program, and
for other purposes; and
S.J. Res. 244. Joint resolution to extend
termination date of Export-Import Bank.
The message also announced that Mr.
McIrtryax was appointed to replace Mr
CRANSTON as a conferee on S. 3164, pr
viding for greater disclosure of the
ture and costs of real estate settl
services; and that Mr. McDrryax r.
BENNETT were appointed as onal
conferees on HR. 15977, to A -nd for
4 years the life of the E -Import
Bank and to provide increa its over-
all commitment authorit
The message also an ced that the
President pro tempore suant to Pub-
lic Law 70-770, app ed Mr. BURDICK
to the Migratory rd Conservation
Commission, in of Mr. METCALF',
resigned.
PERMISSIO SR COMMITTEE ON
APPROP TIONS TO FILE RE-
PORT
Mr. ON. Mr. Speaker, I ask
ani consent that the Committee
opriations may have until mid-
onight to file a privileged report
bill making supplemental appro-
s for the fiscal year ending June
, and for other purposes.
Mr.;' IREWS of North Dakota re-
erved Points of order on the con-
ference rt.
The S ER. Is there objection to
the requ of the gentleman from
Texas?
There wa objection.
PERMISSION
APPROPRIA
FERENCE R
R COMMITTEE ON
NS TO FILE CON-
RT
Mr. MAHON. . Speaker, I ask
unanimous consen at the Committee
on Appropriations have until mid-
night Friday, Septe r 27, 1974, to file
a conference report the bill (H.R.
15580) making appr ations for the
Departments of Labor Health, Edu-
cation, and Welfare, and ated agencies
for the fiscal year endin une 30, 1975,
and for other purposes.
The SPEAKER. Is there ejection to
the request of the gent an from
Texas?
There was no objection.
PERMISSION FOR COMMITTEE ON
APPROPRIATIONS TO FILE RE-
PORT
Mr. WHITTEN. Mr. Speaker, I ask
unanimous consent that the Committee
on Appropriations may have until mid-
night tom o file a report on the bill
making opriations for agriculture-
enviro tal and consumer protection
progr for the fiscal year ending June
30, , and for other purposes.
ANDREWS of North Dakota re-
ed all points of order.
he SPEAKER. Is there objection to
he request of the gentleman from Mis-
sissippi?
There was no objection.
PERMISSION TO FILE CONFERENCE
REPORT ON HR. 12471
Mr. MOORHEAD of Pennsylvania.' Mr.
Speaker, I ask unanimous consent that
the managers may have until midnight
tonight to file a conference report on
the bill (H.R. 12471), the Freedom of
Information Act amendments.
The SPEAKER. Is there objection to
the request of the gentleman from
Pennsylvania?
There was no objection.
CONFERENCE REPORT (H. REPT. No. 93-1380)
The committee of conference on the dis-
agreeing votes of the two Houses on the
amendment of the Senate to the bill (HR.
12471) to amend section 652 of title 5, United
States Code, known as the Freedom of In-
formation Act, having met, after full and
free conference, have agreed to recommend
and do recommend to their respective Houses
as follows:
That the House recede from its disagree-
ment to the amendment of the Senate and
agree to the same with an amendment as
follows: In lieu of the matter proposed to
be inserted by the Senate amendment insert
the following:
H.R. 12471?FREEDOM OF INFORMATION ACT
AMENDMENTS
That (a) the fourth sentence of section
552(a) (2) of title 5, United States Code, is
amended to read as follows: "Each agency
shall also maintain and make available for
public inspection and copying current in-
dexes providing identifying information for
the public as to any matter issued, adopted,
or promulgated after July 4, 1967, and re -
quired by this paragraph to be made avail-
able or published. Each agency shall prompt-
ly publish, quarterly or more frequently.
and distribute (by sale Or otherwise)
copies of each index or supplements thereto
unless it determines by order published in
the Federal Register that the publication
would be unnecessary and impracticable, in
which case the agency shall nonetheless
provide copies of such index on request at
a cost not to exceed the direct cost of dup-
lication.".
(b) (1) Section 552(a) (3) of title 5, United
States Code, is amendea to read as follow,:
"(3) Except with respect to the' records
made available under paragraphs (1) and.
(2) of this subsection, each agency, upon
any request for records which (A) reason-
ably describes such records and (B) is made
in accordance with published rules Stating
the time, p`are, fees (if any), and procedures
to be followed, shall make the records
promptly available to any person."
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CONGRESSIONAL RECORD ? HOUSE Septembe 23 42 9 i4 -
(2) Section. 552(a) of title 5, United States
Code, is artiended by redesignating pane--
graph (4), teed all references thereto, as par-
a.graph (5) and by inserting immediately
after paragraph (3) the following new para-
graph:
"(4) (A) In order to carry out the provi-
sions of this section, each agency shall pro-
mulgate regulations, pursuant to notice and
receipt of public comment, specifying a
uniform schedule of fees applicable to all
constituent units of such agency. Such fees
shall be united to reasonable standard
charges for document search and duplication
and provide for recovery of only the direct
costa of such search and duplication. Docu-
ments shall be furnished without charge or
at a reduced charge where the agency deter-
mines that waiver or reduction of the fee is
in the public interest because furnishing this
information can be considered as primarily
benefiting the general public.
"(B) On complaint, the district court of
the United ;States in the distriet in which
the complainant resides, or has his principal
place of business, or in which the agency
records are situated, or in the District of
Columbia, has jurisdiction to enjoin the
agency from withholding agency records and
to order the production of any agency rec-
ords improperly withheld from the com-
plainant. In (fetch a case the court shall deter-
mine the nutter do novo, and may examine
the contents of such agency records in can
era to determine whether such records or any
part thereof shall be withheld under any of
the exemptions set forth in subsection (b)
of this section, and the burden is on the
agency to sustain its action.
"(C) Notwithstanding any other provi-
eion of law, ,the defendant shall serve an
answer or otherwise plead to any complaint
made under this subsection within thirty
days after service upon the defendant of
the pleading in which such complaint is
made, unless the court otherwise directs
tor good cause shown,
"(D) Except as to cases the court con-
siders of greater importance, proceedings be-
fore the district court, as authorised by this
subsection, and appeals therefrom, take prec-
edence on she docket over an cases and
shall be pasta-fled for hearing and trial or
for argument at the earliest practicable date
and expedited in every way.
(E) The court may assess against the
United Statca reasonable attorney fees and
other litigaton costs reasonably incurred in
any case under this section in which the
complainant has substantially prevailed.
"(F) Whenever the court orders the pro-
duction of any agency records Improperly
withheld from the complainant and assesses
against the United States reasonable atter-
ne.y fees and other litigation costs, and the
court additienally issues a written finting
that the circumstances surrounding (be
withnolding raise questions whether :Tetley
personnel aided. arbitrarily or capriciously
with respect to the withholding, the C:vil
Service Commission shall promptly initiete
a proceeding to determine whether disci-
plinary action is warranted against the ()fitter
or employee who was primarily responsible
for the withholding. The Cominiesem, after
ervestigation and consideration of the evi-
dence submitted, shall submit its findings
neat recommendations to the administrative
authority of the agency .concerned and stall
send copies of the findings and recommenda-
tions to the officer or employee or his repre-
sentative. The administrative authority st all
fake the corrective action that the Cormr is-
eion recommends. -
"(0) In the event of noncompliance with
the order of the court, the district collet may
punish for contempt the responsible em-
ployee, and in the case of a uniformed serv-
ice, the responsible member.".
(c) Section 552(a) of title 5, United States
Code, is amended by adding at the end there-
of the following new paragraph:
"(6) (A) Each agency, upon any request
for records made under paragraph (1), (2),
or (3) of this subsection, shall?
"ii) determine *within ten days (excepting
Saturdays, Sundays, and legal public holi-
days) after the receipt of any such request
whether to comply with such request and
shall immediately notify the person making
such request of such determination and the
reasons therefor, and of the right of such
person to appeal to the head of the agency
any adverse determination; and
ii) make a determination with respect
to any appeal within twenty days (excepting
Saturdays, Sundays, and legal public holi-
days) after the receipt of such appeal. If on
appeal the denial of the request for records
is in whole or in part upheld, the agency
shall notify the person making such request
of the provisions for judicial review of that
determination under paragraph (4) of this
subsection.
" iB) In unusual circumstances as specified
in this subparagraph, the time limits pre-
scribed in either clause (i) or clause (ii) of
subparagraph (A) may be extended by writ-
ten notice to the person making such request
setting forth the reasons for such extension
and the date on which a determination is
expected to be dispatched. No such notice
shall specify a date that would result in an
extension for more than ten *working days.
As used in this subparagraph, 'unusual cir-
cumstances' means, but only to the extent
reasonably necessary to the proper processing
of the particular request-.-
'Ii) the need *to search for and collect
the requested records from field facilities or
other establishments that are separate from
the office processing the request;
"(ii) the need to search for, collect, and
appropriately examine a voluminous amount
of separate and distinct records which are
demanded in a single request; or
"Mil the need for consultation, which
shall be conducted with all practicable speed,
with another agency having a substantial
interest in the determination of the re-
quest or among two or more components of
the agency having substantial subject-mat-
ter interest therein.
-(C) Any person making a request to any
agency for records under paragraph (1), (2),
or (3) of this subsection shall be deemed to
have exhausted his administrative remedies
with respect to such request if the agency
Fails to comply with the applicable time limit
provisions of this paragraph. If the Govern-
ment can show exceptional circumstances
exist and that the agency is exercising tine
diligence in responding to the request, the
court may retain jurisdiction and allow the
agency additional time to complete its re-
view of .,the records. Upon any determina-
tion by an agency to comply with a request
for records, the records shall be made
promptly available to such person making
such request. Any notification of denial of
any request for records under this subsection
shall set forth the names and titles or po-
sitions of each person responsible for the
denial of such request."
Sec. 2. (a) Section 55211)1(1) of title 5,
United States Code, is amended to read as
follows: ?
"(1) (A) specifically authorized under
criteria established by an Executive order
to be kept secret In the interest of national
defense or foreign policy and (B) are in fact
properly classified pursuant to such Execu-
tive order;"
ib) Section 552(b) (7) of title 5, United
States Code, is amended to yead as follows:
'17) investigatory records compiled for
law enforcement purposes, but only to the
extent that the production of such records
would (A) interfere with enforcement pro-
ceedings, (B) deprive a person of a right to
a fair trial or an impartial adjudication.
(C) constitute an unwarranted invasion of
personal privacy, (D) disclose the identity of
a confidential source and, in the case of a
record compiled by a criminal law enforce-
ment authority in the course of a criminal
Investigation, or by an agency conducting
a lawful national security intelligence in-
vestigation, confidential information fur-
nished only by the confidential source, iE)
disclose investigative techniques and proce-
dures, or (F) endanger the life or physical
safety of law enforcement personnel;"'
ic) Section 552(b) of title 5, United States
Code, is amended by adding at the end the
following: "Any reasonably segregable por-
tion of a record shall be provided to any
person requesting such record after deletion
of the portions which are exempt undid* this
subsection.",
Sec. 3. Section 552 of title 5, United States
Code, is amended by adding at the end there-
of the following new subseetions:
"(d) On or before March 1 of each calen-
dar year, each agency shall submit a report
covering the preceding calendar year to the
Speaker of the House of Representatives
and President of the Senate for referral to
the appropriate committees of the Congress.
The report shall include?
"(1) the number of determinations made
by such agency not to comply with requests
for records made to such agency under sub-
seceion (a) and the reasons for each. such
determination;
t (2) the number of appeals made by per-
sons under subsection (a) (6), the result of
sin-h appeals, and the reason for the action
mein each appeal that results in a denial of
in formation;
' (3) the names and titles or positions of
each person responsible for the denial of
records11 requested under this section, and the
number of instances of participation for
e
(4) the results of each proceeding con-
dilated pursuant to subsection (a) (4) ten ,
including a report of the disciplinary action
taken against the officer or employee who
was primarily responsible for improperly
withholding records or an explanation of why
disciplinary action was not taken;
t(5) a copy of every rule made by such
agency regarding this section;
"(6) a copy of the fee schedule and the
total amount of fees collected by the agency
for making records available under this sec-
tion; and
"(7) such other information as indicates
efforts to administer fully this section.
-The Attorney General shall submit an an-
nue' report on or before March 1 of each
calendar year which shall include for the
prior calendar year a listing of the number
of cases arising under this section. the ex-
emption involved in each case, the disposi-
tion of such case, and the cost, fees, and
penalties assessed under subsections ran (4)
(F), and (CI). Such report shall also
include a description of the efforts under-
triken by the Department of Justice to en-
courage agency compliance with this section.-
* (e) For purposes of this section, this term
'agency' as defined in section 551(1) of this
title includes any executive department, mili-
tary department, Government corporation.
Government controlled corporation, or other
establishment in the executive branch of the
Government (including the Executive -Office
of the President), or any independent regu-
latory agency."
Sea. 4. The amendments made by this Act
shall take effect on the ninetieth day begin-
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September 15, 1974 CONGRESSIONAL RECORD ?.HOUSE
fling after the date of enactment of this
Act.
And the Senate agree to the same.
CHET HOLIFIELD,
WILLIAM S. MOORHEAD,
JOHN E. Moss.
BILL ALEXANDER,
FRANK HORTON, ,
JOHN N. ERLENBORN,
Paul. McCLosicar,
Managers on the Part of the House.
EDWARD M. KENNEDY,
PHILIP A. HART,
BIRCH BATH,
Q1TENTIN N. BURDICK,
JOHN V. TUNNEY,
CHARLES MCC. MATHIAS, JR.,
Managers on the Part of the Senate.
? JOINT EXPLANATORY STATEMENT OF THE
COMMITTEE OF CONFERENCE
The managers on the part of the House
and the Senate at the coriferqnce on the dis-
agreeing votes of the two pouses on the
amendment of the Senate to the bill (H.R.
12471) to amend section 552 of title 5, United
States Code, known as ,the Freedom of Pa-
:formation Act, submit the following joint
statement to the House and ,the Senate in
explanation of the effect of the action agreed
upon by the managers and recommended in
the accompanying conference report:
The Senate amendment struck out all of
the House bill after the enacting clause and
Inserted a substitute text.
The House recedes from its disagreement, to
the ameadment of the Senate with an
amendment which is a substitute for the
House bill and the 'nate amendment. The
differences between the House bill, the Sen-
ate amendment, and the substitute agreed
to in conference are noted below, except for
Clerical corrections, conforming changes made
necessary by agreements reached by the con-
ferees, and minor drafting and clarifying
changes.
INDEX PUBLICATION
The House bill added language to the pres-
ent Freedom of Information law to require
the publication and distribution (by sale or
otherwise) of agency indexes identifying in-
formation for the public as to any matter
issued, adopted, or promulgated after July 4,
1967, which is required by 5 U.S.C. I 552(a)
(2) to be made available or published. This
includes final opinions, orders, agency state-
ments of policy and interpretations not pub-
lished in the Federal Register, and adminis-
trative staff manuals and agency staff in-
structions' that affect the public unless they
are otherwise published and copies offered
for sale to the public. Such published in-
dexes would be required for the July 4, 1907,
period to date. Where agency indexes are
now published by commercial firms, as they
are in some instances, such publication
would satisfy the requirements of this
amendment so long as they are made readily
available for public use by the agency.
The Senate amendment contained' similar
provisions, indicating that the publication
of indexes should be on,a quarterly or more
frequent basis, but provided that if an
agency determined by an order published in
the Federal Register that its publication of
any index would be "unnecessary and im-
practicable," it would not actually be re-
quired to publish the index. However, it
would nonetheless be required to provide
copies of such index on request at a cost
comparable to that charged had the index
been published.
The conference substitute follows the Sen-
ate amendment, except that if the agency
termines not to publish its index, it shall
vide copies on request to any person at a
not to exceed the direct cost of duplica-
IDENTIFIABLE RECORDS
Present law requires that a request for
information from an agency be for "identi-
fiable records." The House bill provided that
the request only "reasonably describe" the
records being sought.
The Senate amendment contained similar
language, but added a provision that when
agency records furnished a person are dem-
onstrated to be of "general public concern,"
the agency shall also make them available
for public inspection and purchase, unless
the agency can demonstrate that they could
subsequently be denied to another individual
under exemptions contained in subsection
(b) of the Freedom of Information Act.
The conference substitute follows the
House bill. With respect to the Senate pro-
viso dealing with agency records of "general
public interest," the conferees wish to make
clear such language was eliminated only be-
cause they conclude that all agencies are
presently obligated under the Freedom of In-
formation Act to pursue such a policy and
that all agencies should effect this policy
through regulation.
SEARCH AND COPYING FEES
The Senate amendment contained a pro-
vision, not included in the House bill, di-
recting the Director of the Office of Manage-
ment and Budget to promulgate regulations
establishing a uniform schedule of fees for
agency search and copying of records made
available to a person upon request under
the law. It also provided that an agency could
furnish the records requested without charge
or,at a reduced charge if it determined that
such action would be in the public interest.
It further provided that no fees should or-
dinarily be charged if the person requesting
the records was an indigent, if such fees
would amount to less than $3, if the records
were not located by the agency, or if they
were determined to be exempt from disclos-
ure under subsection (b) of the law.
The conference substitute follows the Sen-
ate amendment, except that each agency
would be required to issue its own regula-
tions for the recovery of only the direct
costs of search and duplication?not in-
cluding examination, or review of records?.
instead of having such regulations promul-
gated by the Office of Management and Budg-
et. In addition, the conference substitute
retains the agency's discretionary public in-
terest -waiver authority but eliminates the
specific categories of situations where fees
should not be charged.
By eliminating the list of specific cate-
gories, the conferees do not intend to imply
that agencies should actually charge fees in
those categories. Rather, they felt, such mat-
ters are properly the subject for individual
agency determination in regulations imple-
menting the Freedom of Information law.
The conferees intend that fees should not be
used for the purpose of discouraging requests
for information or as obstacles to disclosure
of requested information.
COURT REVIEW
The House bill clarifies the present Free-
dom of Information law with respect to de
novo review requirements by Federal courts
under section 552(a) (3) by specifically au-
thorizing the court to examine in camera any
requested records in dispute to determine
whether the records are?as claimed by an
agency?exempt from mandatory disclosure
under any of the nine categories of section
552 (b ) of the law.
The Senate amendment contained a simi-
lar provision authorizing in camera review
by Federal courts and added another provi-
sion, not contained in the House bill, to au-
thorize Freedom of Information suits to be
brought in the Federal courts in the District
of Columbia, even in cases where the agency
records were located elsewhere.
II 9527
? The Conference substitute follows the 'Sen-
ate amendment, providing that in determin-
ing de novo whether agency records have
been properly withheld, the court may ex-
amine records in camera in making its de-
termination under any of the nine cate-
gories Of exemptions under section 552(b)
of the law. In Environmental Protection
Agency v. Mink, at al., 410 U.S. 73 (1973), the
Supreme Court ruled that in camera inspec-
tion of documents withheld under section
552(b) (1) of the law, authorizing the with-
holding of classified information, would or-
dinarily be precluded in Freedom of Infor-
mation cases, unless Congress directed other-
wise. H.R. 12471 amends the present law to
permit such in camera examination at the
discretion of the court. While in camera ex-
amination need not be automatic, in many
situations it will plainly be necessary and
appropriate. Before the court orders in
camera inspection, the Government should
be given the opportunity to establish by
means of testimony or detailed affidavits that
the documents are clearly exempt from dis-
closure. The burden remains on the Gov-
ernment under this law.
RESPONSE TO COMPLAINTS
The House bill required that the defend-
ant to a complaint under the Freedom of In-
formation law serve a responsive pleading
within 20 days after service, unless the court
directed otherwise for good cause shown.
The Senate amendment contained a simi-
lar provision, except that it would give the
defendant 40 dttys to file an answer.
The conference substitnte would give the
defendant 30 days to respond, unless the
court directs otherwise for good cause shown.
EXPEDITED APPEALS
The Senate amendment included a provi-
sion, not contained in the House bill, to give
precedence on appeal to cases brought under
the Freedom of Information law, except as to
cases on the docket which the court con-
siders of greater importance.
The conference substitute follows the Sen-
ate amendment.
ASSESSMENT OF ATTORNEY FEES AND COSTS
The House bill provided that a Federal
court may, in its discretion, assess reason-
able attorney fees and other litigation costs
reasonably incurred by the complainant in
Freedom of Information cases in which the
Federal Government had not prevailed.
The Senate amendment also contained a
similar provision applying to cases in which
the complainant had "substantially pre-
vailed," but added certain criteria for con-
sideration by the court in making such
awards, including the benefit to the public
deriving from the case, the commercial bene-
fit to the complainant and the nature of his
interest in the Federal records sought, and
whether the Government's withholding of
the records sought had "a reasonable basis ,
in law."
The conference substitute follows the Sen-
ate amendment, except that the statutory
criteria for court award of attorney fees and ?
litigation costs were eliminated. By eliminat-
ing these criteria, the conferees do not in- '
tend to make the award of attorney fees au-
tomatic or to preclude the courts, in exercis-
ing their discretion as to awarding such fees, ,
to take into consideration such criteria.
Instead, the conferees believe that because
the existing body of law on the award of
attorney fees recognizes such factors, a state-
ment of the criteria may be too delimiting
and is unnecessary.
SANCTION
The Senate amendment contained a pro-
vision, not included in the Ifciuse bill, au-
thorizing the court in Freedom of infor-
mation Act cases toimpose a sanction Of up
to 60 days suspension from employment
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1-1 9528
egainst a Federal employee or official who
the court found to have been responsible
for withholding the requested records with-
out reasonanle basis in law.
The conference substitute follows the Sen-
rite amendment, except that the court i.s
authorized to make a finding whether the
circumstances surrounding the withholding
laise questions whether agency personnel
acted arbitrarily or capriciously with re-
:meet to the withholding. If the court so
linden the