SUPPLEMENTAL APPROPRIATIONS, 1975 - CONFERENCE REPORT

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• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700020002-0
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• Document Release Date: October 17, 2001
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• Publication Date: December 14, 1974
• Content Type: OPEN

Approved For Release 2001/11/16: CIA-RDP76M005 0002000 ecember 14 , 1974
S 21500 CONGRESSIONAL RECORD - AOQ
suggest that other universities begin to
compete, so that a candidate for Con-
gress can say, "If you give me a chance
to serve, I'll go to Harvard"-or Yale or
Wisconsin or Columbia or Berkeley or
whatever; and the voters, in their, delight
at the prospect of having an educated
Congressman, are likely to be impressed.
AN END AND A BEGINNING
Mr. HUGH SCOTT. Mr. President, this
week, we are marking an end and a be-
ginning: hopefully the end of the session
in which this body has certainly labored
very hard and has produced a good
amount of substantive legislation, in
which work has been done in coopera-
tion, and we will leave for a sufficient
time to enable a period of refreshment
to be enjoyed prior to our return for
what certainly will be a long and labo-
rious session; a beginning, because it is
the season of Advent and of Hanukkah.
Therefore, we are thinking in terms of
the newness of existence, of the chal-
lenges which contemplation of the Ad-
ill take satisfaction and in the
beginning, hope.
As long as the distinguished Senator on the motion of the Senator from
from Pennsylvania (Mr. HUGH SCOTT) Arkansas.
Will the distin-
TT
.
insists on having his amendment acted Mr, HUGH SCO
upon, that is delaying the passage of this guished senator from Alabama yield?
supplemental 'appropriations bill, ap- The ACTING PRESIDENT pro tem-
propriating some $8 billion to the various pore. The Senator from Alabama has
agencies of Government, including more consumed 7 minutes.
than $4 billion to the public schools of Mr. ALLEN' Then I shall be delighted
this Nation. to yield on the time of the Senator from
Mr. President, the situation presented Pennsylvania.
here is entirely opposite from the situa- Mr. HUGH SCOTT. If the Senator
tion presented on the cloture motion yes- needs time, he may use my time. I simply
terday with regard '..o the trade bill. rise to make a point.
There, a cloture motion and the imposi- While the Senator from Alabama
tion of cloture served to expedite the states that the supplemental is being
passage of the bill. But, Mr. President, delayed by the amendment-
the situation is entirely different here, Mr. ALLEN, That is correct.
because a cloture vote, a vote for clo- Mr. HUGH SCOTT. I point out that
ture, endangers the passage of the bill, the supplemental is being delayed by the
and a vote for cloture will delay the opposition of the Senator from Alabama
passage of the bill. to the amendment, because the amend-
Mr. President, it would be possible in ments, if not opposed, could pass in a
the matter of just a few seconds, less matter of a few 'minutes. The right of
than a minute, to pass this bill if the each side to offer an amendment is un-
amendment of the Senator from Penn- questioned. The right of debate is un-
sylvania (Mr. HUGH ScoTT) should be questioned. The Senator from Alabama
withdrawn. Then the Senate would be al- is exercising his rights, but the Senator
lowed to act on, not my motion, but the from Pennsylvania has used virtually no
motion of the distinguished Senator time on the amendment, and does not
from Arkansas (Mr. MCCLELLAN), chair- intend to use much time. He is so con-
man of the Senate Committee on Appro- fident of the rectitude of his position
ex-
t a further ex-
l th
t f
a
ee
SUPPLEMENTAL APPROPRIATIONS, priations, the floor manager of the bill, that he does no
of the conference, who made a tension of remarks would be necessarily
1975-CONFERENCE REPORT chairman motion, as instructed by the conference, contributory to the processes of ratioci-
The Senate resumed consideration of that the Senate concur in the action of nation involved in our consideration.
the conference report on the bill (H.R. the House modifying and reinserting the Mr. ROBERT C. BYRD. Mr. Presi-
16900) making supplemental appropria- language of the Holt amendment. dent, I enjoy listening to these learned
tions for the fiscalyear ending June 30, Mr. President, even though amend- discussions, but I should like to be able
1975, and for other purposes. menu that come back for action in to understand them.
corgi Mr. HUGH SCOTT. I do appreciate
The ACTING PRESIDENT pro tem- nection with a conference report are re- that, but the Senator
pore. Under the previous order, there ferred to as amendments in technical Mr. ALLEN. It might be difficult to
will now be 1 hour of debate before the disagreement, actually, they are not in understand what the distinguished Sen-
vote on cloture on the Scott amendment substantive disagreement. They are not ator from Pennsylvania is trying to get
to House amendment No. 17. The time in basic disagreement, because agree- across. I find it somewhat difficult.
is to be equally divided between and ment has been reached, but, because of Mr. HUGH SCOTT. I wished to show
controlled by the distinguished Senator rules of germaneness on the part of the to both Senators, that I never indulge
from Alabama (Mr. ALLEN) and the dis- House, they are not able to agree to the in obfuscation. Logorrhea, yes, perhaps;
tinguished Senator from Pennsylvania language and put it in the conference obfuscation, no.
(Mr. HUGH SCOTT). report. So what they do is what they did Mr. ALLEN. I thank the distinguished
Who yields time? in this case, agree on what was to be done, Senator for his comments, but the Sen-
Mr. ALLEN. I yield myself 5 minutes. and prepare the blueprint for action by ator from Alabama does not object to
Mr. President, I favor the supple- the House and action by the Senate to the Senator from Pennsylvania offering
mental appropriations bill, and my ef- resolve the differences. his amendment. He recognizes that
forts and the efforts of those who are Mr. President, there were 16 members right, but still, the Senator from Ala-
opposing the Scott amendment are di- of the conference committee representing bama has the right to draw his conclu-
rected toward saving this bill. I feel that the senate. Fourteen of them signed the sions as to the effect of this amendment.
if the Scott amendment is adopted, this report recommending that the Senate The Senator from Alabama pointed
measure will have to go back to the concur in the action of the House. But out that if the Senator from Pennsyl-
House and in all likelihood back to con- this matter was agreed to by the con-- vania would withdraw his amendment,
ference. The House having voted twice ferees, and if we can defeat the cloture we could send this bill to the President
in favor of the Holt amendment, or a motion today, I should feel that the Sen- in a matter of 4 or 5 seconds. But if the
modification of the Holt amendment in ator from Pennsylvania, rather than run 'Senator prevails in seeking the adoption
the second instance, it is entirely likely further risk of defeating this bill by in- of his amendment and it gets adopted,
that the conferees will be adamant and sisting on his amendment, would with.- the bill has a very uncertain fate, be-
that they will not give in and yield to draw the amendment and let the motion cause it has to go back to the House,
the language of the Scott amendment. of the Senator from Arkansas (Mr. Mc- which has acted on this very same ques-
Mr. President, while we have before CLELLAN) come to a vote. tion two times, contrary to the position of
the Senate at this time amendment No. The Senator from Alabama is not pre- the Senator' from Pennsylvania, and
17 in disagreement, the entire conference venting a vote on the one motion that there is no assurance whatsoever tat
report and all the other amendments will send this bill to the President. That agreement can be reached with the
are, in effect, still before the Senate; be- is the motion of the Senator from House.
cause even though the conference report Arkansas. The Senator from Alabama Is The Senator from Alabama is pointing
has been adopted, and even though all for that motion. He wants to see it out further that until agreement is
the other amendments of the Senate passed, and if we can defeat this cloture reached on amendment No. 17, all of the
have been agreed to or are part of the motion today, I hope that sometime dur- action that the Senate has taken up to
conference report, yet, they are in a state ing the day, the distinguished Senator this point with respect to the bill will be
of suspended animation until some from Pennsylvania will recede from his nullified, because the conference report Its amendments are in a state
agreement it reached on amendment No. amposition of insisting on action on his and all endment and allow the Senate to vote of suspended 17 in disagreement. animation, waiting on the
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 to Proceein cenzber 13,
fter To s Senate Proceedings
n~re,~~ional Record
of America PROCEE GS AND DEBATES OF THE 93d CONGRESS, SECOND SESSION
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Continuation of the
1974, Appear in This Issp)e
House'
Representatives
The House was not in session today. Its next ting will be held on Monday, December 16, 1974, at 12 o'clock noon.
The Senate met at 9 a.m. and was
called to order by Hon. ERNEST F. HoL-
LINGS, a Senator from the State of South
Carolina.
PRAYER
The Chaplain, the Reverend Edward
L. R. Elson, D.D., offered the following
prayer:
0 God, our Father, grant that what-
ever happens in this Chamber on this
day, we, Thy servants, may be kept un-
der the shelter of Thy grace. If we have
hard problems to solve, help us to ask for
Thy light upon them, that we may see
the way clearly. If we have difficult tasks
to perform, help us to seek Thy strength
that we may do that which we could not
do ourselves. If we have temptations, help
us to remember the One who was tempted
as we are tempted, but yielded not,. and
is now ready to help others who are
tempted. As we exert extra efforts, may
we produce extraordinary results so that
when we come to the day's end we may
have no regrets. Bring us to the rest and
worship of the Advent Sabbath, that we
may rejoice in the light which shines
from Bethlehem. Amen.
APPOINTMENT OF ACTING PRESI-
DENT PRO TEMPORE
The PRESIDING OFFICER. The clerk
will please read a communication to the
Senate from the President pro tempore
(Mr. EASTLAND).
The assistant legislative clerk read the
following letter:
U.S. SENATE,
i.'RESrENT PRO TEMPORE, -
Washington, D.C., December 14, 1974.
To the Senate:
. Being temporarily absent from the Senate
On official duties, I appoint Han. ERNEST F.
Hor.Lrxcs, a Senator from the State of South
Carolina, to perform the duties of the Chair
during my absence.
JAMES 0. EASTLAND,
President pro tempore.
Approved
SATURDAY, D BER 14, 1974
Mr. HOLLINGS th Pon took the
chair as Acting Presid pro tempore.
Mr. ROBERT C. BIRD. Mr. esident,
I ask unanimous consent that read-
ing of the Journal of the procee s of
Friday, December 13, 1974, be dis ed
EXECUTIVE SESSION
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the Senate
go into executive session to consider nom-
inations on the calendar.
There being no objection, the Senate
proceeded to the consideration of execu-
tive business.
The ACTING PRESIDENT pro tem-
pore. The nominationswill be stated.
DEPARTMENT OF STATE
The assistant legislative clerk pro-
ceeded to read nominations in the De-
partment of State.
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the nomi-
nations be considered en bloc.
The ACTING PRESIDENT pro tem-
pore. Without objection, the nominations
are considered and confirmed en bloc.
NOMINATIONS PLACED ON THE SEC-
RETARY'S DESK-COAST GUARD
The assistant legislative clerk pro-
ceeded to read sundry nominations in the
Coast Guard which had been placed on
the Secretary's desk.
The ACTING PRESIDENT pro tem-
pore. Without objection, the nominations
are considered and confirmed en bloc.
Ur. ROBERT C. BYRD. Mr. President,
I asp. unanimous consent that the Presi-
dent. be notified of the confirmation of
then-, nominations and that the Presi-
dent also be notified of the confirmation
of Me nominations earlier this week.
Tile ACTING PRESIDENT pro tem-
pore Without objection, it is so ordered.
LEGISLATIVE BUSINESS
Mr?. ROBERT C. BYRD. Mr. President
,
I as-- unanimous consent that the Sen-
'Pere being no objection, the Senate
re ?led the consideration of legislative
bus ss.
Co GE FOR CONGRESSMEN
Mr. H SCOTT. Mr. President, I
see tiiat e of the new Members of
Congwess going to Harvard before
they ;o to gress. This suggests a new
camp sign sl n: "If you elect me to
Congress, I'll to Harvard." I do not
know the app of the slogan. I am in
In dl seriousn , I think this oppor-
tunit:, is a. good e. The members of
both ,,arties who a going to go to Har-
vard ``or a crash co se in how to legis-
late _i the
North, with the feeling that this was a
Southern question.
It was not. It ought not to be :: re-
garded. It is not.
But if the question is largely moot in
the South, why does the Senator from
Alabama fear the effect of the an end-
ment since the purpose of the an.end-
ment is to make sure that discrimination
is abolished everywhere, and if it ctxists
largely outside of the South, wh; not
help us do whatever is necessary to ibol-
ish the discrimination?
I can thoroughly sympathize with the
feelings of the Senator from Alabama
that it is, in itself, discriminator., for
the Federal Government to have re-
garded this as a Southern question. It
always was discriminatory. But I a isure
the Senator that all we are tryli g. to
do is make sure that the right to enforce
nondiscrimination on the basis of t ed-
eral law may be applied equally and
everywhere.
Mr. ALLEN. Will the Senator yield for
a moment?
Mr. HUGH SCOTT. I am glad to yield
to the Senator.
Mr. ALLEN. The Senator asks, I as-
sume, an actual question rather' than
just a-rhetorical question as to why the
Senator from Alabama would be -:on-
cerned.
Well, the Senator from Alabama does
not want to see HEW have this power
anywhere to club local school dist=hots
into submission. So he wants to prr:,tect
the entire country, lie wants the p alicy
to be uniform throughout the country.
It is not only a-Southern question, but
a national question, as well.
Mr. HUGH SCOTT. Well, I do tiank
the distinguished Senator.
My wording in the amendment w ruld
apply anyplace and should apply ::-,ny-
place.
Mr. BROOKE. Will the Senator yield?
Mr. HUGH SCOTT. I yield the floor, I
understand that the Senator from
Massachusetts wishes to be recognized.
Mr. BROOKE. I thank my distin-
guished leader. -
Mr. President, I have on my desk a
letter from . the National Caucus on the
Black Aged, Inc., which was written
December 12, 1974, addressed to Hen.
MARK O. HATFIELD. It is from the office
of Senator HUGH SCOTT, the Republican
leader.
The letter reads:
A portion of Amendment 17 of the Labor-
HEW Supplemental Appropriations bill-
which has come to be known as the Hoit
Amendment-threatens a return to racially
resegregated education in America.
This fact alone would be reason enough to
oppose the Holt Amendment. However, we at
the National Caucus on the Black Aged, Inc.,
foresee other problems as well.
The language of the Holt Amendment
refers to "school systems." Although Repre-
sentative Holt's office indicated that the
Amendment was not designed to affect post-
secondary education, we are not reassured.
- The National Caucus on the Black Aged,
Inc., represents a constituency which de-
pends upon qualified black professionals to
render services to this nation's almost two
million aged -blacks. The language of the
Holt Amendment is sufficiently ambiguous
so that the recruiting and training of quali-
fied blacks in the nation's institutions of
higher learning could also be threatened.
Both Dr. Arthur S. Flemming, Chairman
of the U.S. Commission on Civil Rights, and
Caspar Weinberger, Secretary, Department
of Health, Education and Welfare, in their
letters to Senator James Eastland and Sena-
tor Warren Magnuson, respectively. expressed
the fear that the language of the Holt
Amendment would render inoperative Title
VI of the Civil Rights Act of 1964, and Title
IX of the Education Amendments of 1972.
The economic situation has already taken,
and continues to take, its toll on black
Americans. We urge you not to allow an
already abhorrent situation to become worse
by threatening the educational opportunities
and the civil rights of the country's minor-
ities.
We are encouraged by the actions of those
Senators who have voted against the Allen
Amendment, the Helms-Thurmond Amend-
ment and the Beall Amendment. .
We urge you to vote tomorrow in favor of
cloture and for -the Scott-Mansfield Amend-
ment without further amendment.
Now, Mr. President, I ask unanimous
consent that the entire letter may be
printed in the RECORD.
There being no objection, the letter
was ordered tobe printed in the RECORD.
as follows:
THE NATIONAL Caucus ON
THE BLACK AGED, INc.,
Philadelphia, Pa., December 12, 1974.
Hon. MARK 0. HATFIELD,
U.S. Senate,
Washington, D.C.
DEAR SENATOR HATFIELD: A portion of
Amendment 17 of the Labor-HEW Supple-
mental Appropriations bill-which has come
to be known as the Holt Amendment-
threatens a return to racially segregated edu-
cation in America.
This fact alone would be- reason enough to
oppose the Holt Amendment. However, we at
the National Caucus on the Black Aged, Inc.,
foresee other problems as well.
The language of the Holt Amendment re-
fers to "school systems." Although Repre-
sentative Holt's office indicated that the
Amendment was not designed to affect post-
secondary education, we are not reassured.
The National Caucus on the Black Aged,
Inc., represents a constituency which de-
pends upon qualified black professionals to
render services to this nation's almost two
million aged blacks. The language of the Holt
Amendment is sufficiently ambiguous so that
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December 14, 1974 CONGRESSIONAL RE
the.. recruiting and training. of qualified stances the South has accomplished far ment by a vote of 62 to 30; the largest
blackg in the nation's institutions of higher more than the North has in the desegre- vote we have had on this issue.
learning.'could also be threatened. gation of public schools. So obviously, Mr. President, the Senate
Both Dr. Arthur S. Flemming, Chairman I am embarrassed again by what is has demonstrated its will and its deter-
of the U.S. Commission on Civil Rights, and happening in my own city of Boston, in mination. It has voted on four different
Caspar Weinberger,' Secretary, Department my own State of Massachusetts; as coin- occasions to reject the Holt amendment
of Health, Education, and Welfare, their
letters to Senator James Eastland and d Sena- pared to what has been happening in or variations of the Holt amendment.
tor Warren; Magnuson,. -respectively; ex- Alabama, the Senator's own State, and Now we have before us the Scott-
pressed the fear: that the language of the in Georgia and Mississippi and other Mansfield language. In order to get a vote
Holt Amendment would. render inoperative States in the South. up and down on it, we have to go through
Title VI of the Civil Rights Act of 1964, and So I agree with the Senator whole- a vote on cloture.
Title Ix of the Education Amendments of heartedly that we ought to have this The distinguished Senator from Ala-
.1972., apply equally across this Nation and bama has said today that all we had to
and The economic situation has alleaoy black taken, not restrict it to the South. do to end this debate was to have Senator
Americans. -take., its toll. on
Americans. We urge you not to allow an al- Now, Mr. President, I would like to SCOTT withdraw his amendment., Then
ready abhorrent situation to become worse discuss what the Senate has already done we could. concur in this amendment on
by threatening the educational opportuni- in this matter. disagreement and send this supplemen-
ties and the civil rights of the country's No. 1, on November 19, we had the tal appropriations bill to the President
minorities. Helms amendment before the Senate for of the United States for his, signature.
We are encouraged by the actions of those the first time. The Helms amendment was In effect, he said that Senator SCOTT
Senators who have voted against the Allen identical at that time to the Holt amend- was delaying a Senate vote on the mat-
ment andnt, the all Ame dment.a Amens- ment which had been introduced in the ter. I respectfully submit to my distin- _
it is Senator
collea
wene urge nd the Beall Amendment. guish
We uyou to vote tomorrow in favor of House of Representatives and passed by Sco Tea and t ge Senator from tAaabama
cloture and for the Scott-Mansfield Amend- the House of Representatives.
ment without further amendment, We voted on it after a very lengthy de- knows it is not Senator SCOTT-who is
Sincerely, bate. I think the Senator from Alabama delaying this bill, but it is the distin-
STEVEN R. BAER, engaged in that debate. I know I engaged guished Senator from Alabama who is
Director, Legislative Division for Hobart in that debate, together with the Senator delaying it, because the distinguished
0. Jackson, Chairman, National Cau- from North Carolina (Mr. HELMS). Senator from.AIabama does not want the
cus on the stack Aged, Inc. The Senate knew what It was voting Senate to vote on the Scott-Mansfield
Mr. BROOKE. Mr. President, my dis- on. It was a very well organized and ex- language.
tinguished colleague from Alabama has ecuted debate. I think all the facts were Why? Because he knows that the Sen-
made two points. brought to the forefront. ate has already indicated that it would
The first is that the Holt amendment The Senate voted, and the Senate voted support the Scott-Mansfield language
is an antibusing amendment; and he 43 to 36 to reject the Helms amendment. and send It back to the House of Repre-
has quoted me as saying that it is not Then we on Wednesday, December 11, sentatives, saving to the House of Repre-
an antibusing amendment. But I reiter- after a supposed compromise, we re- sentatives, "This is where the U.S. Sen-
ate my position, Mr. President; this is turned to the Holt amendment. We had a ate stands, and it stands firmly and
not an antibusing amendment. time agreement of 2 hours of debate on clearly. It has voted four times. The Sen-
We. are concerned here with the ability the motion made by the distinguished ate will not accept the Holt language."
of the Federal Government to .enforce Senator from Alabama (Mr. ALLEN) to I think it is a good day, not only for
title :VI of the Civil. Rights Act of 1964 te,ble the Scott-Mansfield amendment to the U.S. Senate, not only for Anne Arun-
and title IX of the Education Amend- the Holt amendment. del County, but also for the Nation, that
ments of 1972. We voted on the Allen tabling motion the Senate believed that, and that the
We are concerned with the enforce- after a lengthy debate between the dis- Senate has said that.
lent of the fundamental civil rights laws tinguished Senator from Alabama and So I hope, Mr. President, that when
of our. country-not busing. The Federal myself. And the Senate defeated the the vote Is taken today, there will be suf-
courts order busing to overcome the ef- tabling motion by the overwhelming ficient votes to invoke cloture on this
fects of State-imposed segregation. And margin of 60 to 33. It could have been matter. I am sorry it had to be done on a
we are not talking about the courts here. reasonably expected at that time to pro- Saturday morning because many Sena-
We are talking about HEW's author- ceed with and vote on the Scott-Mans- tors had made arrangements to do other
ity, pursuant to title VI and title IN, field language. But a Helms amendment things, to go elsewhere, and did not know
to enforce our civil rights laws. This to the Scott-Mansfield had already been that this vote would come up.
amendment goes far beyond anything introduced. The Helms amendment I hope, however, that there will be suf-
that the distinguished Senator from would have substantially altered the ficient votes in the Senate to obtain a
Alabama has said, far beyond anything Scott-Mansfield language. - two-thirds vote so that we will have clo-
that Representative HOLT has said about . I believed, and I think obviously and ture and we can get on with the Senate's
Anne Arundel County, ultimately the Senate believed, that the business and adopt the Scott-Mansfield
This is a national problem. It is a prob- Helms amendment would have taken us language.
lem affecting equal educational oppor- back practically to the Holt amendment. But if we do not, Mr. President, let
tunities for minorities throughout this After a 30 minute debate on that be- there be no doubt that we will file an-
Nation, and equal educational opportu- tween Senator. HELMS and myself, the other cloture motion, and another if nec-
nities for women throughout this Nation. Senate voted once again. The vote was essari'. And even if we have to stay here
Now, the second point that the Senator 58 to 37 to reject the Helms amendment. until the next Congress, we will not ac-
from Alabama has made is that title VI So this was the third time that the U.S. cept the Holt language.
affects only the South. He said that the Senate had voted on this matter. The So I urge my colleagues to vote today,
law, ought to apply to the North and to Senate had voted clearly and, I think, to vote clearly, and to give us the two-
the East and to the West as well as to the without question, as to what its feelings thirds majority that we need in order
South, and I cannot agree with him were and how strongly it felt about the to bring about cloture.
more wholeheartedly. language contained in the.Holt and the The ACTING PRESIDENT pro tem-
Helms amendments. pore. Who yields time?
Y"have debate SaIdAhe ame thing to the Sen- Mr..ALLEN. Mr. President, how much
ator in debaton. the floor, and to Sen- Then after we had practically spent a time do I have remaining?
ator HELM and to Senator. BEALL. And whole legislative day on the question,. we The ACTING PRESIDENT tem-
tem-
I firmly believe it. I. do. not believe we had our fourth vote, and third of the The Senator from PRESIDENT -pro has
ougestablish andenforce one stand- day, at approximately.6 o'clock in the pore. Alabama 8
and upon the South 'and another upofi evening: minutes remaining.
the North. It was on an amendment by Senator Mr. ALLEN. I yield myself such time
I compliment the` Senator. for raising BEALL, after a 30 minute debate between as I may require.
this issue. I have. complimented the South Senator. BEALL and myself. Mr. President, I appreciate the remarks
on what it has done, for in many In- The Senate rejected the Beall amend- of the distinguished Senator from Mas-
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CONGRESSIONAL RECORD -SENATE December 14, 1971
sachusetts (Mr. BROOKE) as to the atti- He has told of the adamant posit-on 2, ratified the half of the Holt amend-
tude of the people of the-South, and the of the Senate. The House position is just ment remaining.
accomplishments of the people in the as adamant. I hope that the Senate will reject the
South in the area of school d
on The statistics show It-it is open to effort u to compromise the this issue, cut the cloture PRmotion.
ESIDING OFFICER. The time
the world-that the South has complied Holt amendment half in two. They kept of the Senator from Alabama has ex-
with the edicts of the Supreme Court, the only the provisions saving they could not pired.
edicts of HEW, and we have desegregated withhold funds to force assignment of Mr. BROOKE. Mr. President, the Sen-
our schools in the South. teachers and students, or classify teach- ator from Alabama and I have discussed
We do feel that we should have a ers or students by race, religion, sex, or the merits of the Holt amendment and
uniform school policy. I am delighted that national origin. what the effects of that amendment
the distinguished Senator from Massa- The Holt amendment, as introduced would be across the Nation. But there
chusetts supports a uniform school and as originally passed, went on to say are some practical matters which I think,
policy. further they could not require them to in the closing moments of this debate,
Mr. BROOKE. Will the Senator yield maintain and prepare any records, files, should be brought to the attention of the
at that point? reports, or statistics pertaining to the Senate, and the
Mr. ALLEN. Yes, race, religion, sex, or national origin of t y involve the parliamen-
ary Mr. BROOKE. There is one statement teachers or students. The prohibition re_ Firstsituanon.
I would like to make along those lines. First, and it has been mentioned ion
lating to classification of students and fore, the Holt amendment. is legislation
One thing further I would like to say teachers was left intact. But this provi- on an appropriation bill. For this reason
about the South in comparison to the sion about the keeping of statistics was alone, the Senate should reject the Holt
North-and my distinguished colleague dropped in the conference, In an effort amendment.
from South Carolina Is nresiding now- to compose the differences between the Second, there is a sense of urgency, in
and that Is the distinction that may be two Houses. The compromise that was that we are in the closing days of the 93d
made between the actions of the North reached by the conference was endorse-d Congress; and It has been suggested that
as compared to the actions of the South. by 14 of the 16 conferees on the part of we will conclude our. legislative matters
The South has fought for what It be- the Senate. by the close of business on Friday, De-
lieved in. It believes in antibusing, and So our conferees come back and tail cember 20.
In the past it has believed in the separa- us that this is the best settlement that If we do not get cloture today, it means
tion of races, in segregation, and in some can be obtained with the House confer- that we will have a vote on another clo-
instances discrimination. ees, and they recommend the acceptance ture motion-which has already been
But when a law has been passed, when of half a Holt amendment, half a loaf filed, this being another legislative day-
Congress has acted and the President being better than none. And that is what on Monday. If we do not get cloture on
has signed the law, the South has obeyed Is left in the bill. Monday, we will have yet another cloture
the law. They will contest the law but So, in the interest of comity betwec ti motion, which means that after the leg-
they will obey that law and wor it the two bodies of Congress, It would seeni islative day of Monday, we will have a
the law, that the time has now come for the Seas- vote on Tuesday. If we do get cloture
In the North, on the other hand, we ate to recede in this area. The House has today and we can vote on the Scott-
are getting disobedience of the law. We already accepted only half of what it Mansfield language, this matter will go
have had hypocrisy in the North. We originally enacted. Why, then, could not back to the House of Representatives
have had many Instances where people the Senate accept the half that remain:;? immediately.
In the North have stated: "Well, All the If we do defeat thecloture motion to- The Senator has said that the House
problems are really in the South and day and we are able to defeat the Scott will never accept it. But I do want to
not in the North." They have pointed the amendment, or if the Senator from point out th?t the last vote in the House
finger at the South. Pennsylvania withdraws it in the inter- was 212 to 176, which is an improve-
But when the problems of desegrega- est of the speedy passage of the bill, we ment over the first vote the House had
tion occur in the North, and they have can send this important bill, which on this issue. There has been a shift in
to live with the law, then they have will mean so much to our schools, so the sentiment and In the voting in the
sometimes disobeyed that law. A prime much to many areas of governments l House, which indicates that the House is
example of this is what we are seeing- operations, to the President for his sit- moving further away from the Holt lan-
and I am embarrassed to say this-in my nature. guage.
own capital city in the great Common- What is the alternative to that? The Third, statements have beenmade to
wealth of Massachusetts, which says it is invoking of cloture, the passage of the the effect that the President will veto the
the cradle of liberty and the hub of the Scott amendment. What happens then? supplemental appropriations bill. If that
universe. It goes back to the House of Represen- i going to be the case, it seems to me
I believe the South has a point, and tatives for, I assume, a further confer- that we would want to get this matter
I am the first to admit it. I wanted to ence; and if the members of the House decided by the-Senate, sent to the House
point out that distinction. conference are as adamant as is the dis- of Representatives, and If the House
Mr. ALLEN. I thank the distinguished tinguished Senator from Massachusetta;, agrees, sent to the President as soon as
Senator from Massachusetts for his com- we will not have any bill. possible. If the President is going to veto
ment. I appreciate his statement, and I So the best way, It seems to me, is to it, not for this reason, but for money
appreciate the things he has had to say defeat the cloture motion, accept the reasons, the bill will then come back to
about the attitude of Southern people. motion offered by the distinguished Sen - us, and we will have some legislative days
I have always found the distinguished ator from Arkansas (Mr. MCCLELLAN), left in which to work out some com-
Senator from Massachusetts to be most to concur in the action of the House, cut promise with the President, because this
reasonable as we discuss these problems ting the Holt amendment in two, and is important legislation. Many people are
that affect our Nation, leaving, certainly less objectionable as awaiting the money that will be appro-
Mr. President, my contention is that viewed by the proponents of the Scott priated under this supplemental appro-
there is no valid reason for empowering amendment, half of the amendment. priations bill. Many programs are de-
HEW with the right to withhold educa- I feel that both portions of the Holt pendent upon it.
tional grants that may be sorely needed amendment should have been retained. So we do have, in short, some very
by local systems to force local systems but I am not asking to add the other hale practical reasons for voting for cloture
to take certain actions with respect to of the Holt amendment to this amend-- this morning and getting on with an
the assignment of students and the as- meet. I am willing to accept the com?? up-and-down vote on the Scott-Mans-
signment of teachers. promise offered -by the conferees. field language.
The distinguished Senator from Mas- So a vote of "no" on the cloture motion. I think that the distinguished Senator
sachusetts spoke about recordkeeping. I is a vote for speedy passage of the bill, from Alabama is absolutely within his
might say that that was dropped in the It is a vote to back up the action of the rights to debate this matter just as fully
conference. Senate conferees who, by a vote of 14 tc, as he has. He has done an outstanding
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December 14, 1974 CONGRESSIONAL RECORD -SENATE S 21505
job with what I think is a bad case, but
I am sure he thinks it is a good case, as he
thinks my case is bad. Now that the Sen-
ate has had it fully debated, he should
be ready and willing to have an up-and-
down vote on the Scott-Mansfield
language and let us get this very impor-
tant legislation on its way, so that it can
be resolved ultimately and we can have a
supplemental appropriations bill passed.
Mr. President, I do not have any more
to say on the matter. If the Senator from
Alabama has a question or if he has
something further to say on my remain-
ing time, I will be more than pleased to
yield that time to him. If he does not, Mr.
President, I suggest the absence of a
quorum.
Mr. ROBERT C. BYRD. Mr. President,
will the Senator withhold that request,
Mr. BROOKE. Yes.
Mr. BEALL. Mr. President, this debate
presents many of us with a dilemma. On
the one hand, it is agreed that the adop-
tion of the Holt amendment would re-
peal the civil rights acts. The vast ma-
jority of our citizens support the civil
rights acts and are proud of the progress
that this Nation has made to remove dis-
crimination from our, society.
On the other hand, many of us believe,
and the majority of our citizens oppose
certain actions on the part of HEW-and
the courts-such as forced busing, and
the kind of abuse and harassment that
Anne Arundel County has been subject
to.
Now, this Congress, we are told, is on
the brink of repealing the civil rights
laws and obliterating a decade of prog-
ress in civil. rights.
I believe the Holt amendment goes too
far; but I also believe that HEW has
been going too far.
If, as it is claimed that the Holt
amendment would repeal the Civil Rights
Act, it would indicate that one House
has voted just that. This should be a
warning to the proponents of civil rights
that reason and reasonable approaches
must be fashioned.
While some believe that the opposition
to busing stems from racial prejudices,
I do not accept that view.
While obviously some who oppose bus-
ing harbor racial prejudices, I believe
this is not the. case for the vast majority
of our citizens.
. To illustrate this point, it is my under-
standing that in Montgomery County,
Md., public hearings were recently held
regarding a proposal that would bus stu-
dents from the upper part of the county
to the lower county rather than con-
struct new schools in the upper county.
The testimony was overwhelmingly op-
posed to busing students to the lower
county and for neighborhood' schools
near their community.
Mr. President, poll after poll has re-
vealed strong public opposition to bus-
ing. This opposition to busing has re-
mained in Gallup's words "surprisingly
constant." The latest Gallup-poll showed
hat 72 percent oppose busing to achieve
racial integration and only 18 percent
favoring such busing. Of course, other
surveys show the public favors Integra-
tion.
Similarly, a poll taken of the merit
scholars, the Nation's outstanding high
school students, indicated they share the
adult community's opposition to busing.
In response to the question: "Would You
move into an integrated neighborhood?",
90 percent said "yes"; and only 7 percent
replied in the negative.
Then, in response to the question, "Do
you favor busing of children to achieve
integrated school system?", 68 percent
said "no"; 26 percent replied in the af-
firmative.
Polls have also revealed that the black
community is also very divided on this
issue, although busing is narrowly fa-
vored in the. black community.
It could be that the public, as is often
the case, is ahead of the Congress on
this issue. Yet, one can understand, the
frustrations and feelings of the public
on the busing issue.
Most oppose and yet they cannot get
a reversal of busing decisions. Even the
proponents of busing seem to recognize
busing as not a very satisfactory solu-
tion, but believe there is no alternative.
One can also understand the feelings
of minority citizens who naturally want
the best possible education for their
children and knowing that in many
cases they are not receiving now.
Congress must do what to date has not
been done; namely, find the alternative
and alternatives which is sound educa-
tionally and which will be supported by
the' public.
On Monday the Education Subcom-
mittee held hearing on a bill introduced
by Senator CHILES, S. 503, Neighborhood
School Act.
I commend Senator CHILES for his ini-
tiative and I am hopeful that the dialog
begun will be a high priority matter in
the next Congress. it is amazing to this
Senator that on education bills and ap-
propriation bill, funding our education
programs we spend all the time debating
busing issues.
I believe this issue has so inflamed and
divided our country and diverted our at-
tention from improving education that
we should consider establishing a na-
tional commission to examine the busing
issue and alternatives that might focus
and unite our country in a concerted
effort to remove educational deficiencies
and improve education for all of our
children.
Mr. BIDEN. Mr. President, during the
last several days the Senate has oc-
cupied itself with the merits and de-
merits of busing to achieve school de-
segregation. This came about because of
the so-called Holt amendment included
in Senate-House agreement on a 1975
fiscal year supplemental appropriations
bill (H.R. 16900) that we are consider-
ing today.
The Holt amendment would have pro-
hibited Federal funds from being with-
held from any public school system as a
means of compelling the assignment of
teachers or students to specific schools
on grounds of race, religion, sex, or na-
tional origin. In turn, Scott-Mansfield
amendment was offered that largely off-
set the intent of the Holt amendment.
Mr. President, although I have never
supported busing as a remedy for our
education problems, for the most part I
have voted against legislation designed
to take away the power of the courts to
use busing as one of its remedies to elim-
inate dejure segregation. But, as I talk
to my constituents and read accounts of
the troubles in many cities-including
most recently Boston-and reflect upon
the matter, I have become more and
more , disenchanted with busing as a
remedy even in the single instance
stated above. And I shall tell why.
The solidifying of my antibusing feel-
ings reminds me In a general way of
Winston Churchill's retort when once
asked if it were true that he often had
to eat his own words: "Very often," re-
plied Churchill. "And, on the whole, I've
found them a rather wholesome diet!"
Mr. President, it is increasingly appar-
ent-that busing is a dire step. I have al-
ways believed that busing should be un-
dertaken only under extreme circum-
stances--and even then I would have
serious doubts about its effectiveness-
about the impact upon students who are
assembled in classrooms not to be bused
but to be educated.
As a result of this attitude, I had in-
tended to offer an amendment to the
Scott-Mansfield amendment. My
amendment would have said, in effect,
that no agency but a court of competent
jurisdiction could order busing for de-
jure reasons.
The text of my amendment, as
drafted, read:
No funds appropriated by this Act may be
used (i.e. by the Department of Health,
Education and Welfare) for assigning stu-
dents to schools because of race.
However, I decided not to introduce
the amendment at this time for several
reasons:
First, the vehicle for my amendment
would have been an appropriate bill pro-
viding billions of dollars for many
worthwhile activities. There are excep-
tions to any rule, but generally I prefer
not to introduce or support a legislative
amendment to an appropriation bill;
Second, there were, after consultation
with.the Parliamentarian and Legisla-
tive Counsel's Office, procedural problems
involving my amendment, which, in
technical terms, would have an amend-
ment in the second degree to the Scott-
Mansfield amendment.
Third, my amendment, would have
been debated in the Senate in the con-
cluding days of this 93d Congress-
which Is an atmosphere not conducive
to reasoned discussion;
Fourth, there obviously had been no
committee hearing on my amendment. It
does not always apply, but generally I
prefer that the full range of discussion,
within a legislative committee and in the
Senate Chamber, take place on an
amendment; and
Fifth, I did not have an opportunity
to discuss the purpose of my amendment
with constituents and organizations in
Delaware who would be opposed to it or
supportive of it. I have tried, I think suc-
cessfully, to notify constituents well in
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CONGRESSIONAL RECORD -SENATE December 14, 1974
advance of positions I might take on a
variety of issues-positions to which they
would object. In this way, there is an
opportunity for these constituents to dis-
cuss with me their views-fully and
frankly.
These were the five principal reasons
that deterred me from introducing this
amendment in the last few days of this
Congress.
However, I do plan to introduce such
an amendment in the form of a bill
early next year after the new, the 94th
Congress, convenes in January. I will
ask that hearings be held on the bill. If
hearings are not held on my bill after an
appropriate lapse of time, I shall feel free
to undertake to have the bill added to
some bill or other that is before the full
Senate.
To summarize, Mr. President, I have
become dissuaded that busing accom-
plishes, what it purports to achieve-
equal education opportunities for all
young Americans, Busing, it seems to me,
is a dubious triumph of technique over
substance. By and large our children's
education suffers and our energies are
diverted from finding formulas and ways
of achieving the goal of fair and open
and equal opportunities for all in our
schools. My commitment to this goal is
unshaken; my resolve to help bring about
equal education opportunities is firm
and unyielding. I simply am objecting to
a reliance upon one means-one that is
becoming discredited it seems to me-
to achieve a laudable goal.
The PRESIDING OFFICER (Mr. Mc-
INTYRE). All time has expired.
The time for debate having expired,
the clerk will report the motion to in-
voke cloture.
The legislative clerk read as follows:
CLOTURE MOTION
We. the undersigned Senators, in accord-
ance with the provisions of Rule XXII of the
Standing Rules of the Senate, hereby move
to bring to a close the debate upon the pend-
ing amendment by the Senator from Penn-
sylvania (Mr. Scott) to House amendment
No. 17 to H.R. 16900, the Supplemental Ap-
propriation Bill for 1975.
Alan Cranston, Jacob Javits, Robert T.
Stafford, Robert Taft, Jr., Howard M. Metz-
enbaum, Quentin N. Burdick, Gaylord Nel-
son, Ted Stevens, Abraham Ribicoff, Floyd
K. Haskell, Pete V. Domenici, Clifford P. Case.
Bob Packwood. James Abourezk, Harrison A.
Williams, Jr., and Henry M. Jackson.
CALL OF THE ROLL
The PRESIDING OFFICER. Pursuant
to rule XXII, the Chair now directs the
clerk to call the roll to ascertain the pres-
ence of a quorum.
The legislative clerk called the roll, and
the following Senators answered to their
names :
Aiken
[No. 539 Leg.]
Haskell
Packwood
Allen
Magnuson
Pastore
Brooke
McGee
Pearson
Byrd, Robert C. McIntyre
Proxmire
Cranston
Muskie
Schweiker
Griffin
The PRESIDING OFFICER. A quorum
is not present.
Mr. ROBERT C. BYRD. Mr. President,
I move that the Sergeant at Arms be di-
rected to request the attendance of ab-
sent Senators.
The motion was agreed to.
The PRESIDING OFFICER. The Sier-
geant St Arms will execute the order Of
the Senate.
After some delay, the following Sen-
ators entered the Chamber and answered
to their names:
Abourezk
Fulbright
Nunn
Baker
Gravel
Pell
Bartlett
Gurney
Percy
Bayh
Hansen
Randolph
Beall
Hart
Ribicoff
Bennett
Hartke
Roth
Bentsen
Helms
Scott, Hugh
Bible
Hollings
Scott.
Eiden
Hruska
William L.
Brock
Humphrey
Sparkman
Buckley
Inouye
Stafford
Burdick
Jackson
Stennis
Cannon
Javits
Stevens
Case
Long
Stevenson
Clark
Mathias
Symington
Curtis
McClellan
Taft
Dole
McClure
Talmadge
Domenici
McGovern
Thurmond
Dominick
Metcalf
Tunney
Eagleton
Metzenbaum
Weicker
Ervin
Mondale
Williams
Fannin
Moss
Young
Fong
Nelson
Mr. ROBERT C. BYRD. I announce
that the Senator from Virginia (Mr.
HARRY F. BYRD, JR.), the Senator from
Florida (Mr. CHILES), the Senator from
Mississippi (Mr. EASTLAND), the Senator
from Iowa (Mr. HUGHES), the Senator
from Louisiana (Mr. JOHNSTON), the
Senator from Massachusetts (Mr. KEx-
NEDY), the Senator from New Mexico
(Mr. MONTOYA), the Senator from Idaho
(Mr. CHURCH), and the Senator from
Kentucky (Mr. HUDDLESToN) are nec-
essarily absent.
I further announce that the Senator
from Montana (Mr. MANSFIELD) is ab-
sent on official business.
I also announce that the Senator from
Maine (Mr. HATHAWAY) is absent be-
cause of illness in the family.
Mr. GRIFFIN. I announce that the
Senator from Oklahoma (Mr. BELLMON'-1,
the Senator from Kentucky (Mr. CooK ,
the Senator from New Hampshire (Mr.
COTTON), the Senator from Arizona (Mr.
GOLDWATER), the Senator from Oreg(,n
(Mr. HATFIELD), and the Senator from
Texas (Mr. TOWER) are necessarily
absent.
? The PRESIDING OFFICER. A quorum
is present.
VOTE
The PRESIDING OFFICER. The
question is, Is it the sense of the Senate
that debate an the amendment submitted
by the Senator from Pennsylvania (Mi?.
HUGH SCOTT) to the House amendment
to Senate amendment No. 17 to the re-
port of the committee of conference of
the two Houses on the bill (H.R. 16900 s
making supplemental appropriations for
1975, shall be brought to a close?
The yeas and nays are mandatory un-
der the rule.
The clerk will call the roll.
The legislative clerk proceeded to call
the roll.
Mr. ROBERT C. BYRD. Mr. President,
may we have order in the Senate. Time
is running and the sooner we dispose c.f
this vote, the sooner we will concludo
the session today.
The PRESIDING OFFICER. The Sen-
ators will either take their seats or re-
tire to the cloakroom to carry on their
conversations. This is an important vote.
The clerk will resume the calling of
the roll.
The legislative clerk resumed the call
of the roll.
Mr. NELSON. Mr. President, may we
have order.
The PRESIDING OFFICER. The Sen-
ate will be in order. Senators will clear
the well, please.
The legislative clerk resumed and con-
cluded the call of the roll.
Mr. ROBERT C. BYRD. I announce
that the Senator from Virginia (Mr.
HARRY F. BYRD, JR.), the Senator from
Florida (Mr. CHILES), the Senator from
Idaho (Mr. CHURCH), the Senator from
Mississippi (Mr. EASTLAND), the Senator
from Kentucky (Mr. HUDDLESTON), the
Senator from Iowa (Mr. HUGHES), the
Senator from Louisiana (Mr. JOHNSTON),
the Senator from Massachusetts (Mr..
KENNEDY), and the Senator from New
Mexico (Mr. MONTOYA) are necessarily
absent.
I further announce that the Senator
from Montana (Mr. MANSFIELD) is ab-
sent on official business.
I also announce that the Senator from
Maine (Mr. HATHAWAY) is absent be-
cause of illness in the family.
I further announce that if present and
voting, the Senator from Idaho (Mr.
CHURCH), the Senator from Iowa (Mr.
HUGHES), and the Senator from Maine
(Mr. HATHAWAY) would vote "yea."
Mr. GRIFFIN. I announce that the
Senator from Oklahoma (Mr. BELLMON),
Senator from Kentucky (Mr. Coox), the
the Senator from New Hampshire (Mr.
COTTON), the Senator from Arizona (Mr.
GOLDWATER), the Senator from Oregon
(Mr. HATFIELD), and the Senator from
Texas (Mr. TOWER) are necessarily
absent.
On this vote, the Senator from Oregon
(Mr. HATFIELD) Is paired with the Sen-
ator from Texas (Mr. TOWER). If present
and voting, the Senator from Oregon
would vote "yea" and the Senator from
Texas would vote "nay."
The yeas and nays resulted-yeas 56,
nays 27, as follows:
No. 640 Leg.l
YEAS-56
Abourezk
Hart
Packwood
Aiken
Hartke
Pastore
Baker
Haskell
Pearson
Bayh
Hruska
Pell
Beall
Humphrey
Percy
Bentsen
Inouye
Proxmire
Biden
Jackson
Randolph
Brooke
Javits
Ribicoff
Burdick
Magnuson
Schweiker
Byrd, Robert C. Mathias
Scott, Hugh
Case
McGee
Stafford
Clark
McGovern
Stevens
Cranston
McIntyre
Stevenson
Domenici
Metcalf
Symington
Dominick
Metzenbaum
Taft
Eagleton
Mondale
Tunney
Fong
Moss
Weicker
Gravel
Muskie
Williams
Griffin
Nelson
NAYS-27
Allen
Buckley
Fannin
Bartlett
Cannon
Fulbright
Bennett
Curtis
Gurney
Bible
Dole
Hansen
Brock
Ervin
Helms
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.December 14, 1911 CONGRESSIONAL RECORD -SENATE
Hollings Roth Talmadge
Long Scott, Thurmond
McClellan William L. Young
McClure Sparkman
Nunn Stennis
NOT VOTING-17
Bellmon Cotton Hughes
Byrd,. Eastland Johnston
Harry F., Jr. Goldwater Kennedy
Chiles Hatfield Mansfield
Church Hathaway Montoya
Cook Huddleston Tower
The PRESIDING OFFICER. On this
vote, there are 56 yeas and 27 nays. Two-
thirds of the Senators present and voting
having voted in the affirmative, the clo-
ture motion is agreed to.
In light of the cloture vote having suc-
ceeded, it should be clarified by the Chair
that no Senator may speak more than 1
hour, and the time will be strictly kept,
no dilatory motion or amendment, no
amendments not germane will be in
order.
We shall continue on this as the un-
finished business to the exclusion of all
other business until the amendment of
the Senator from Pennsylvania (Mr.
HUGH SCOTT) to the supplemental appro-
priation.bill is disposed of.
The question before the Senate is on
the motion to concur in the amendment
of the House to the amendment of the
Senate, No. 17, with an amendment by
the Senator from Pennsylvania (Mr.
HUGH SCOTT).
Mr. PASTORE. Vote.
The PRESIDING OFFICER. The yeas
and nays have been ordered, and the
clerk will call the roll.
The assistant legislative clerk proceed-
ed to call the roll.
Mr. NELSON. Mr. President, may we
have order?
The PRESIDING OFFICER. Will those
Senators having discussions please retire
to the cloakroom so the clerk can call
the roll and the Senators can reply?
Mr. NELSON. I think the Chair should
speak more loudly. Some of the Senators
have their hearing aids turned off.
The PRESIDING OFFICER. The Sen-
ator from Wisconsin was correct.
The Senate will be in order.
Mr. PASTORE. Mr. President, I can-
not understand it. When the Chair orders
people to take their seats, they just keep
strolling around. Can they just take their
seats and let us have our business done
with?
The PRESIDING OFFICER. I agree
with the distinguished Senator.
The Senators will please take their
seats or go out and read the Washington
Post, or whatever they want to read.
The assistant legislative clerk resumed
and concluded the call of the roll.
Mr. ROBERT C. BYRD. I announce
that the Senator from Virginia (Mr.
HARRY F. BYRD, JR.), the Senator from
Florida (Mr. CHILES), the Senator from
Mississippi (Mr. EASTLAND), the Senator
from Indiana (Mr. HARTKE), the Senator
from Kentucky (Mr. HUDDLESTON), the
Senator from Iowa (Mr. HUGHES) , the
Senator from Louisiana (Mr. JOHNSTON),
the Senator from Massachusetts (Mr.
KENNEDY), the Senator from New Mexico
(Mr. MONTOYA), and the Senator from
Idaho (Mr. CHURCH) are necessarily ab-
sent.
I further announce that the Senator
from Montana (Mr. MANSFIELD) Is absent
on official business.
I also announce that the Senator from
Maine (Mr. HATHAWAY) is absent because
of illness in the family.
I further announce that, if present and
voting, the Senator from Montana (Mr.
MANSFIELD), the Senator from Idaho (Mr.
CHURCH), the Senator from Iowa (Mr.
HUGHES), and the Senator from Maine
(Mr. HATHAWAY) would each vote "yea."
I further announce that, if present and
voting, the Senator from Mississippi (Mr.
EASTLAND) and the Senator from Indiana
(Mr. HARTKE) would vote "nay"
Mr. GRIFFIN. I announce that the
Senator from Oklahoma (Mr. BELLMON),
the Senator from Kentucky (Mr. Coox),
the Senator from New Hampshire (Mr.
COTTON), the Senator from Arizona (Mr.
GOLDWATER), the Senator from Oregon
(Mr. HATFIELD); and the Senator from
Texas (Mr. TOWER) are necessarily ab-
sent.
On this vote, the Senator from Oregon
(Mr. HATFIELD) is paired with the Sen-
ator from Texas (Mr. TOWER).
If present and voting, the Senator from
Oregon would vote "yea" and the Senator
from Texas would vote "nay."
The yeas and nays resulted-yeas 55,
nays 27, as follows:
{No. 541 Leg.]
YEAS-55
Abourezk
Gravel
Packwood
Aiken
Hart
Pastore
Baker
Haskell
Pearson
Bayh
Hollings
Pell
Beall
Humphrey
Percy
Bentsen
Inouye
Proxmire
Bible
Jackson
Ribicoff
Biden
Javits
Schweiker
Brock
Magnuson
Scott, Hugh
Brooks
Mathias
Stafford
Burdick
McGee
Stevens
Cannon
McGovern
Stevenson
Case
McIntyre
Symington
Clark
Metcalf
Taft
Cranston
Metzenbaum
Tunney
Domenici
Mondale
Weicker
Dominick
Moss
Williams
Eagleton
Muskie
Fong
Nelson
NAYS-27
Allen
Griffin
Roth
Bartlett
Gurney
Scott,
Bennett
Hansen
William L.
Buckley
Helms
Sparkman
Byrd, Robert C. Hruska
Stennis
Curtis
Long
Talmadge
Dole
McClellan
Thurmond
Ervin
McClure .
Young
Fannin
Nunn
Fulbright
Randolph
NOT VOTING-18
Bellmon
Eastland Johnston
Byrd,
Goldwater ]Kennedy
Harry F., Jr.
Hartke Mansfield
Chiles
Hatfield Montoya
Church
Hathaway Tower
Cook
Huddleston
Cotton
Hughes
So the motion to concur in the amend-
ment of the House to the amendment of
the Senate, No. 17, with an amendment
by the Senator from Pennsylvania (Mr.
HUGH SCOTT) was agreed to.
Mr. BROOKE. Mr. President, I move
to reconsider the vote by. which the mo-
tion was agreed to.
? Mr. JAVITS. I move to lay that motion
on the table.
The motion to lay on the table was
agreed to.
S 21507
Mr. ROBERT C. BYRD. Mr. President,
may we have order in the Senate?
The PRESIDING OFFICER (Mr. MET-
ZENBAUM). The Senate will be in order.
ANNOUNCEMENT OF POSITION ON
A VOTE-H.R. 10710
Mr. ROBERT C. BYRD. Mr. President,
through an administrative error yester-
day, the senior Senator from Mississippi
(Mr. EASTLAND) who was necessarily ab-
sent, was not recorded as having a posi-
tion on H.R. 10710, the Trade Reform
Act of 1974.
I announce that if present and voting,
Mr. EASTLAND would have voted "yea."
AMENDMENT OF THE EXPORT,
IMPORT BANK ACT-CONFER-
ENCE REPORT
The Senate resumed the consideration
of the report of the committee of con-
ference on the disagreeing votes of the
two Houses on the amendment of the
Senate to the bill (H.R. 15977) to amend
the Export-Import Bank Act of 1945, and
for other purposes.
Mr. ROBERT C. BYRD. Mr. President,
there will now be 30 minutes of debate
on the motion to invoke cloture on the
conference report on the amendment of
the Export-Import Bank Act.
Following that 30 minutes of debate,
the clerk will call the roll to establish the
presence of a quorum, after which a roll-
call vote will occur on the motion to in-
voke cloture.
Therefore, at about 11:45 a.m. today,
the rollcall vote will begin. .
Mr. HUGH SCOTT. Mr. President, will
the Senator yield?
Mr. ROBERT C. BYRD. I yield.
Mr. HUGH SCOTT. Can the Senator
advise us on this matter: If cloture shall
be ordered, we will then proceed with de-
bate on the Eximbank, and amendments
might be offered?
Mr. ROBERT C. BYRD. I do not know
about amendments, but certainly we
would proceed with the debate.
Mr. HUGH SCOTT. Could there be
votes?
Mr. ROBERT C. BYRD. Yes.
The PRESIDING OFFICER. Under the
previous order, the Senate will now be-
gin one-half hour of debate before the
vote is taken on invoking cloture on the
conference report on H.R. 15977, the time
to be equally- divided between and con-
trolled by the Senator from Wisconsin
(Mr. PROXMIRE) and the Senator from
Illinois (Mr. STEVENSON).
Who yields time?
.Mr. STEVENSON. Mr. President, I
suggest the absence of a quorum, and I
ask unanimous consent that the time run
equally against both sides.
The PRESIDING OFFICER. Is there
objection? The Chair hears none, and it
is so ordered.
The clerk will call the roil.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. PROXMIRE. Mr. President, I ask
unanimous consent that the order for the
quorum call be rescinded.
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S 21508 CONGRESSIONAL RECORD -SENATE December 14, 1974.
The PRESIDING OFFICER. Without interest for 4 more years. We must do it firm-despite the efforts of the distin-
objection, it is so ordered. now. guished Senator from Illinois (Mr.
Mr. PROXMIRE. I yield myself 5 min- As I have stated at some length on the STEVENSON), who has guided this bill
utes. Senate floor, I do not believe we should through the Senate, who did a good job,
Mr. President, this is an unusual vote pass this legislation until we act affirma- in my view, in the conference.
we have today. It is not because we are tively to put the Export-Import Bank Now is the time. We have this bill be-
opposed to coming to a decision on this back in the Federal budget. Restoring the fore us. This is the year that Congress
matter; it is because we feel very strong- Bank to the budget is the most far- has recognized its real responsibility to
ly, those of us who are opposed to cloture reaching and effective way of establl.;h- insure the integrity of the budget process,
at this time, that the present conference ing congressional control of the Bank to carve out an effective role for Con-
report is inadequate and the conferees and making it act responsibly and in the gress in achieving fiscal responsibility.
should go back to conference. The one national interest. Now is the time when we see clearly that
way we can accomplish that, in my view, Mr. President, the Senate has indi- we cannot allow ruinous inflationary
is to turn the cloture motion. cated its intent on the budget issue. The trends to continue unchecked; we cannot
if we succeed in turning it down, I Senate has acted on several occ?siol s to turn our backs on the need to carefully
think there is an excellent chance that put the Export-Import Bank back in the scrutinize Federal spending in all forms.
we can get agreement which will be much budget. Mr. President, I urge my colleagues to
closer to the position taken by the Sen- In the Congressional Budget Act, the vote against cloture and to continue de-
ate and much fairer. Senate voted to put Eximbank back in bate on the Export-Import Bank Act
Mr. President, this conference report, the budget, along with several other legislation we get a bill acceptable to the
when it went to conference before and agencies which have been similarly ex- Senate.
was settled and taken to the floor of the empted from the budget by provisions I am convinced that if we can do this,
House, was characterized by WRIGHT of law. we shall be in a strong position to send
PATMAN, the chairman of the House Indeed, the Export-Import Bank was this conference report back to the con-
Committee on Banking and Currency, as in the budget until 1971. The Senate rec- ferees and get the kind of agreement we
the most complete and total surrender he ognized that the concept of congres- should have.
had ever seen by the Senate to the House sional budget control would not have any Mr. President, I reserve the remainder
in the 45 years he has served in the House meaning so long as major agencies lend- of my time.
of Representatives. I think that was the lag out billions of dollars of Federal Gov- Mr. STEVENSON. Mr. President, as
case. The Senate seemed to believe that, ernment money were outside of the bind- the author of most of the reforms and
because they sent the conferees back to get. The Eximbank is the largest of these restraints to which the Senator from
conference. One concession, one substan- agencies, and it currently runs an effec- Wisconsin has referred, I, of course share
tial concession, was made, but in general, tive budget deficit of $1.6 billion-slated with him many of the concerns which
the position taken by the Senate was still to rise to over $3 billion by fiscal year he has expressed about this conference
rejected. The most important provisions, 1978. By putting it out of the budget, we report. However, the issue before the
in my view, that were in the Senate bill pretend that $3 billion does not exist. Senate is not the conference report. The
were rejected once again. The Senate Put the Bank back in the, issue before the Senate is whether the
Mr. President, I think that the funda- budget in the budget control bill; the Senate will havean opportunity to vote
mental objection to this bill is that it pro- House rejected this provision in confer- on the conference report.
vides a preference, a particular discrim- ence, so we ended up simply with a re- The conference report itself reflects
inating preference, for exporters. Export- quirement to study this question on a a great deal of progress. We started in
ers have an advantage over farmers, over continuing basis. this session of Congress from zero. There
homebuyers, over small business, over In a time of inflation and increased were no congressional restraints over the
anyone else in the economy. They are concern for fiscal responsibility, in a time Eximbank, no provisions in the law for
outside the budget. of tight money and high interest rates, congressional review, and there had not
The Export-Import Bank uses billions when every other borrower is put to the been a congressional examination of the
of dollars of Federal funds. It receives test because it is so hard to pay those Eximbank and its activities for many,
money at a lower-than-market rate, and high interest rates, so hard to get the many years. This conference report re-
it lends money at a substantially lower- funds, exporters are given this special fleets not only many reforms, but also
than-market rate. It is not in the budget consideration for no justifiable reason. a concession by the House conferees to
because, if it were in the budget, it would In its consideration of this Export- the Senate position on at least half the
mean the exporters would not have an Import Bank Act extension, the Senate issues which were in dispute between the
advantage. - voted once again. to put the Bank back House and the Senate. It also reflects
This is important legislation. It takes in the budget-on a rolleall vote of. 41 to concession by the House conferees on
the Export-Import Bank, which is al- 32. The Senate said it wanted to start most of the principal issues in dispute
ready a big lending operation, and turns now to put teeth in the Congressional between the House and the Senate.
It into a bigger operation by increasing Budget Act; it wanted to act now while It includes a new requirement that will
its lending authority 25 percent, from the opportunity was before it to close require prenotification to Congress of all
$20 billion to $25 billion. That is all right, this largest loophole in our budget of Eximbank transactions involving an
but Congress cannot and should not let a process. Eximbank commitment of $60 million
Government-owned bank, with a lend- The House threw out this budget anywhere in the world, with an oppor-
ing authority of $25 billion, operate with- amendment in conference. tunity for Congress, again by affirmative
out congressional oversight. The Senate rejected the first confer- action, to disapprove.
The conference report before us today ence report on the Eximbank extension it also requires, as a result of the
does not give Congress adequate over- because it failed to contain all the major amendment offered by Senator CHURCH
sight authority over the Export-Import restrictions which the Senate had placed on the Senate floor, notification to Con-
Bank. on the Bank's authority. The Senate gress of any proposed Eximbank partici-
This legislation extends Eximbank's sent this bill back to conference, with pation in a fossil fuel energy project in
authority for 4 more years. It will be 4 instructions to the conferees to insist- the Soviet Union, if that participation
more years-I think we should keep that I repeat, insist-on the Senate bill. would cost more than $25 million, again
in mind-4 more years before we have The conferees sent the Senate a second with an opportunity for disapproval by
another chance to examine the Bank in conference report which still did not re- Congress.
full detail and make substantial changes fleet the intent of the Senate. It con- What is more, Mr. President, it also
in its basic law. We cannot wait 4 more tained only a couple of concessions to includes a subceillng of $300 million for
years. to bring a $25 billion lending op- the Senate's concerns, and once again it additional credits to the Soviet Union.
eration under full congressional control. threw out the budget amendment whole- The only point at which the conferees
We should not abdicate our responsibility sale. The House conferees were adamant; have failed to sustain the Senate position
to see that the Bank acts in the national the Senate conferees failed to stand was on the amendment offered by the
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