TRAVEL EXPENSES AMENDMENTS ACT OF 1974--CONFERENCE REPORT
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December 17, 1974
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x.'3341
21766 pproved For Release CONGRESSIONAL RECORD 27SENATE 30015- December 17, 1974
Mr. LONG. Mr. President, are there
other amendments at the desk? If so,
would the Chair inform me what amend-
ments are at the desk?
The PRESIDING OFFICER. There are
two amendments at the desk.
Mr. LONG. Mr. President, I ask unani-
mous consent that the amendments
which are at the desk which are germane
be considered as read, reserving the right
of any Senator to challenge the germane-
ness of any measure.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr, CURTIS. Reserving the right to
object-.-
Mr. ROTH. I object.
The PRESIDING OFFICER. Objection
is heard.
ORDER FOR AATENDMENTS TO H.R. 421, UPHOL-
I ask unanimous consent- that any
amendments that are prese ly at the
desk be considered as hay met the
reading requirements only un the rule.
that again, please?
Mr. ROBERT C. BYRD. I una, i
mous consent that an y amen nts that
are at the desk be considered having
met the reading requirements . the rule.
The PRESIDING OFFICE Is there
objection? Without objection, it is so
Mr. MONDALE. Mr. Presidcit, I ask
unanimous consent that Mr. Jil Verdier,
of my staff,'be given floor privileges dur-
ing the consideration of this measure.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Who yields time?
Mr. LONG. I yield to the Senator from
West Virginia 30 seconds.
Mr. ROBERT C. BYRD. Mr. Presi-
dent, I ask that the backup vote follow-
ing the vote on cloture be limtied to 10
minutes, with the first bell to sound
after 21/2 minutes.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. LONG. Mr. President, a parlia-
mentary inquiry.
The PRESIDING OFFICER. The Sen-
ator will' state it.
Mr. LONG. After cloture is voted,
assuming that will be the case, if an
amendment is ruled not to be germane
and appeal is taken from the ruling of
the Chair, is that appeal debatable or
not debatable?
The PRESIDING OFFICER. That ap-
peal is not debatable except to the extent
of the 1-hour time limitation of each
Senator.
Mr. LONG. So each Senator, within
the 1 hour available to him, can debate
the germaneness?
The PRESIDING OFFICER. Yes. A
Senator can talk on anything within the
1 hour.
Who yields time?
Mr. CURTIS. Mr. President, may I in-
quire if there is any Senator desiring
time on this tax bill?
Mr. President, how much time re-
mains?
The PRESIDING OFFICER. The Sen-
ator from Arizona has 5 minutes, and the
Senator from Louisiana has 7 minutes.
Who yields time?
Mr. CURTIS. I yield 1 minute to the
distinguished Senator from Idaho.
Mr. McCLURE. I thank the Senator
for yielding.
I ask unanimous consent that Douglas
Smith, Jim Fields, and Dick Thompson,
be accorded the privilege of the floor
during all stages of the proceeding on
this legislation and the other vote which
is pending.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ROBERT C. BYRD. Mr. President,
will the Senator from Louisiana yield for
1 minute?
Mr. LONG. I yield.
TRAVEL EXPENSES AMENDMENTS
ACT OF 1974-CONFERENCE REPORT
Mr. HUDDLESTON. Mr. President, I
submit a report of the committee of con-
ference on S. 3341, ' and ask for its im-
mediate consideration.
The PRESIDING OFFICER (Mr.
JOHNSTON). The report will be stated
by title.
The legislative clerk read as follows:
The committee of conference on the dis-
agreeing votes of the two Houses on the
amendment of the House to the bill (S.
3341) to revise certain provisions of title 5,
United States Code, relating to per diem
and mileage expenses of employees and other
individuals traveling on official business, and
for other purposes, having met, after full
and free conference, have agreed to recom-
mend and do recommend to their respective
Houses this report, signed by all the con-
ferees. -
The PRESIDING OFFICER. Is there
objection to the consideration of the con-
ference report?
There being no objection, the Senate
proceeded to consider the report.
(The conference report is in the House
proceedings of today's CONGRESSIONAL
RECORD).
Mr. HUDDLESTON. Mr. President, the
purpose of this legislation is to increase
the amounts which may be paid to regu-
lar employees of the Federal Govern-
ment and to experts and consultants em-
ployed intermittently, who are traveling
on official business, with respect to per
diem in lieu of subsistence and reim-
bursement when payment of actual ex-
penses is authorized. The legislation
would also increase the mileage rates for
the use of privately owned vehicles used
while on official business. These objec-
tives would be met by amending existing
travel expense legislation so as to more
closely reflect the increased cost of offi-
cial travel at the present time.
The legislation also establishes 'a pro-
cedure to adjust on a periodic basis the
per diem mileage reimbursement figures
for employees who travel on official bus-
iness.
The conference report provides that
the per diem rate shall be increased to
"not to exceed $35." The Senate receded
from its position of imposing a statutory
floor on the per diem rate. However, the
General Services Administration, the
primary agency designated responsibili-
ties under this act,.has said it will estab-
lish immediately the per diem rate at
$30. 1 feel it important that the General
Services Administration letter to Senator
METCALF concerning the per diem rate
be printed in the RECORD at this point, for
which I ask unanimous consent.
There being no objection, the letter
was ordered to be printed in the RECORD,
as follows:
GENERAL SERVICES ADMINISTRATION,
Washington, D.C., November 26, 1974.
Hon. LEE METCALF, -
U.S. Senate,.
Washington, D.C.
DEAR SENATOR METCALF: In a previous letter
to you on October 11, 1974, we expressed our
views on the House- and Senate-passed ver-
sions of S. 3341 which would revise certain
provisions of Title 5, United States Code,
relating to per diem and mileage expenses of
Government employees, and for other pur-
poses. Since then, we are advised that addi-
tional discussions have taken place with
the joint conferees which indicate the pos-
sibility of a $25 minimum and $35 ceiling for
per diem allowances and a 15 cents minimum
and 18 cents ceiling for mileage allowances,
among other things.
May we take this opportunity to express
the Administration's strong support of your
vigorous efforts to establish more equitable
expense allowances by raising the statutory
ceiling for per diem and mileage expenses.
We heartily support the $35 ceiling. However,
may we also voice the Administration's
strong concern over the inequities inherent
in a "minimum rate" concept and the un-
necessary and unfair conditions created by
the instituiton of such a system:
1. GENERAL
It has been a long established statutory
procedure to reimburse Government travelers
for reasonable expenses of travel up to a
ceiling established in law. In the 1950's the
ceiling was $12, in the 1960's? the ceiling was
$16, and in 1969 the present $25 ceiling was
decreed by statute. The problem has always
been the need to raise the ceiling and never
to reimburse travelers at amounts less than
the ceiling.
Throughout this period, agency heads have
been given the necessary flexibility to estab-
lish criteria governing fair reimbursement
to the traveler. When certain conditions ex-
ist, it is only fair and proper to reimburse
travelers at a rate less than when he Incurs
all normal costs. For example, if the traveler
stays with friends or relatives, if quarters/
meals, are furnished by the Government or
at a reduced cost, if a camper/trailer or
ship/vessel is used and normal costs of lodg-
ing are not encountered, or if other situa-
tions exist where full costs are not incurred,
it would not be proper to reimburse the
traveler at some minimum cost such as $25
which, today, would result in excessive pay-
ment.
2. ANALYSIS OF MINIMUM COSTS
To date, legislation for increases in per
diem and mileage expenses has been tradi-
tionally and properly concerned with the
employee performing travel in higher cost
areas who unavoidably encounters expenses
above that permitted by statute. Justifica-
tion and cost data have been developed to-
ward this end. Legislation to date has not
been concerned with employees at the op-
posite end of the spectrum who perform
travel in lower cost-areas, smaller towns, and
rural areas since their expenses have always
been under the ceiling.
When cost data are collected to support
legislative per diem or mileage increases, they
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December 17, 1974 CONGRESSIONAL RECORD -SENATE 'n176514
whether the agency intends to exercise
any options, and-444e projected cost of
Fourth, changes f
specifications or esti
Mr. METCALF. Mr. President, the Sub-
committee on Budgeting, Management
and Expenditures of the Committee on
for under the original core
fications; and
gestions in the next Congress and any
legislation deemed necessary will have
early consideration.
Mr. President, I ask unanimous con-
sent that the Senate proceed to the con-
sideration of H.R. 12113.
The PRESIDING OFFICER. The bill
improvements in such reporting systemsrz 'ill be stated by title.
as he deems appropriate. 4The legislative clerk read as follows:
I wish to point out to my colleagues 1bill (H.R. 121131 to revise and restate
that this amendment, a broadened and ce r' n functions and duties of the Comp-
-re flexible version of an amendment troll _ t General of the United States, and for
the fiscal year 1970 Defense Procure- The ESIDING OFFICER. Without
ment Authorization bill, was adopted by object io the Senate will proceed to the
the Senate during the 91st Congress considers of the bill.
when it passed S. 4432, the Budget and Mr. ME LF. Mr, President, I move
Accounting Improvement Act of 1970. to strike all 4ter the enacting clause of
The provision was contained in S. 460, a H.R. 12113 and substitute therefor the
bill introduced during the 93d Congress text of S. 30 as reported and as
necticut, Mr. RISICOFs', and myself and is The PRESIDING FFICER. The ques-
currently pending in the Government tion is on agreeingthe motion of the
Mr. President, I have discussed my The motion was agr to.
amendment with the distinguished man- The PRESIDING O ER. The ques-
ager of the bill, the distinguished Sena- tion is on the engrossmen the amend-
tor from Montana who has suggested ment and the third readin f the bill.
that the pending bill should not be The amendment was orde to be en-
amended by my provision. The pending grossed and the bill to be r a third
which deals with the time. '
bill
I understand
,
,
responsibilities of the Government Ac- The bill was read the third e.
counting Office, is a result of lengthy ? The PRESIDING OFFICER. bill
consultations both with the GAO and having been read the third tim w the
e
ions
ittee
a
` "......
definitely postponed.
"p
intends to continue its work on a pack-
The PRESIDING OFFICER. Without
age of bills relating to the General Ac-
counting Office and that my provision objection, it is so ordered.
properly belongs in a bill entitled the Mr. METCALF. I yield back the re-
"Accounting and Auditing Act of 1974", mainder of my time.
S. 3014. As a result I have acceded to his The PRESIDING OFFICER. Who
request not to pursue my amendment yields time?
with his assurance that the committee Mr. CURTIS. I yield 5 minutes to the
will include: my amendment in the legis- distinguished Senator from Delaware.
lation it brings to the Senate during the
94th Congress.
Mr. President, if the Members of Con-
gress are to be able to participate mean-
ingfully in the legislative process affect-
ing major Federal programs of research,
development, and procurement and to
effectively analyze the validity of Federal
outlays, we should have the benefit of the
careful scrutiny of these programs by the
Comptroller General. With a budget of
more than $300 billion and literally thou-
sands of programs, more than 150 depart-
ments and agencies, it is obvious that the
Members of Congress cannot personally
review every program and analyze in de=
tail every legislative proposal particularly
involving projects of major Federal ex-
penditure. We need help to carry out
these responsibilities. I would hope that
the distinguished manager of the bill
would provide the Senate with some fur-
ther indication of his commitment and
intentions in this connection.
UPHOLSTERS.' REGULATORS
The Senate continued with the con-
sideration of the bill (H.R. 421) to amend
the Tariff Schedules of the United States
to permit the importation of upholstery
regulators, upholsterer's regulating nee-
dles, and upholsterer's pins free of duty.
Mr. ROTH. Mr. President, in answer
to the statements made by the distin-
guished Senator from Wyoming, I would
just like to point out that none of the
proposals in this legislation, insofar as
I am aware, were subject to hearings by
the Finance Committee. As a matter of
fact, I believe that point was raised by
the distinguished Senator from Oregon.
The understanding was that we would
consider some of the noncontroversial
items that were included in the House
bill. At two different times in the morn-
ing we?took up the question of taxation
of oil revenue, I made it very clear in my
discussions that I felt if we were going
to consider this kind of tax legislation, it
was critically important that we at least
secure the $400 million tax revenues re-
ferred to by the distinguished chairman
of the committee.
That was my feeling then and it is my
feeling today. I do not think there is
any reason to particularly single out or
favor the oil companies when many of
these other tax matters were also not
subject to Finance Committee hearings.
I regret that that is true. It seems to me
that it would have been very desirable
long ago to have held hearings on tax
reform, butthat was not done.
At the same time, we are faced with
the fact that if we do not correct the
situation now, we are losing for all prac-
tical purposes $400 million in revenues.
I suppose while that is not huge in rela-
tion to our overall deficit, it is to me a
very sizable step, and I think it is of
particular Importance to the American
people. They feel that all American com-
panies bear a fair burden of American
taxation. -
Again, as I understand it, these in-
ternational oil companies in the last 5
years have paid roughly a 5-percent tax
to the United States, whereas they have
paid foreign taxes at an effective rate of
between 20 and 29 percent. As I have al-
ready stated other companies, such as
J. C. Penney, pay as high as 48.8 percent.
A family of four, making $15,000, with
standard deductions, pay as high as 12.1
percent.
This is not equitable. The oil com-
panies, like others, should bear a greater
tax burden. In view of the oil companies'
large! profits last year it seems particu-
larly unconscionable that we pass any
tax bill without securing additional rev-
enue from these windfall profits.
As I stated earlier, for that reason, I
hope that the Senate will not vote for
%, ,cloture. ----- - ----- --
Se for from Idaho.
r' IcCLURE. Mr. President, I send
myself
for its
the amendme
Mr. LONG.
The PRESID
objection, it is so or
The amendment i
retary of Interior under authority contained
in the Act of December 28, 1973 (87 Stat. -
904) Shall be exempt from all income taxa-
tion now or hereafter imposed by the United
States."
The PRESIDING - OFFICER. Who -
yields time? .
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s follows:
e in the
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December 17, 1971 CONGRESSIONAL RECORD -SENATE
are invariably stated in average figures there-
by accounting for both high and low cost
data in one summary amount.. Since statute
has never embraced a minimum or base rate,
low cost travel, has been invariably given
little recognition.
In view of the $25 minimum rate being
proposed, low cost data now become impor-
tant in determining whether a minimum
rate concept is viable. A commercial publi-
cation, "The Runzheimer Meal-Lodging Cost
Index," provides minimum, maximum, and
average cost data for meals and lodgings in
approximately 100 major cities in the U.S.
Enclosed Is an array of the pertinent data.
The average cost data for those cities, as of
April 1974, were printed. in the House Report
on H.R. 15903 without discussion of mini-
mum costs. The average cost for 2/3? of those
cities ranges from $25-$4&.50, The average
cost for the remaining 1/3 ranges from $19-
$25. However, the overall, average cost data
does not reflect the fact that 96 of those
same cities have minimum costs for meals
and lodging ranging from $12 to $25. Of those
96 cities, 83 are between a $14 to $21 mini-
mum cost range. These costs are for only
the 100 major U.S. cities.
A great amount of Government travel is
performed In small towns and rural areas
where much lower costs are encountered.
Our studies indicate that approximately 1/2
of all Government travel is being accomp-
lished with in the $25 ceiling. At one large
department, travel costs incurred during
FY 1974 ranged from $13.87 to beyond the $25
ceiling. At another large agency, the range
of actual costs incurred was from $13.10 to
above the $25 ceiling.
Based on the,Runzheimer index and on
actual experience of the departments and
agencies, we can find no basis of logic to a
$25 minimum per diem rate.
Similarly, with respect to the proposed 15
cents minimum mileage rate, we find that
although this rate is generally consistent with
current costs incurred, a minimum rate con-
cept does not provide the needed administra-
tive flexibility to reimburse at a lower rate
in those situations when it is not to the
advantage of the Government for the traveler
to use his privately owned vehicle.
May we reaffirm the Administration's strong
support of existing legislative practice where-
in a ceiling is established and Government
travelers are reimbursed on a "lodgings-plus"
concept for actual expenses incurred. Under
this concept, when the ceiling is -adequate,
all employees are reimbursed for legitimate
costs incurred whether travelling to rural
areas and small towns or to the larger cities.
Should the present ceiling of $25 be increased
to $35, it would be our intention to estab-
lish immediately an administrative limit of
$30 (within the $35 ceiling) to relieve cur-
rent per diem inadequacies.
The Office of Management and Budget has
advised that there is no objection to the
submission of this report and enactment of
a bill containing minimum rates would not
be in accord with the program of the Presi-
dent.
ARTHUR F. SAMPSON,
Administrator.
Mr. HUDDLESTON. Mr. President, we
have included both statutory floors and
ceilings on the mileage reimbursement.
This policy was instituted to insure that
employees are reimbursed for what it ac-
tually costs to operate privately owned
vehicles. Studies relied on by both the
House ahid Senate indicate that the cur-
rent operating costs for a privately
owned vehicle Is 15 cents per mile. This is
the rate that the conferees have set as
the minimum for automobiles.
Mr. President, in this-inflation-reces-
sion period, the argument for increased
Government cost. is particularly sensi-
tive. However, two points are relevant
here. First, the underlying principle be-
hind this legislation is that employees
should not be subsidizing the Govern-
ment for expenses incurred while on offi-
cial business; nor should employees profit
by traveling on behalf of the Govern-
ment. Second, the bill contains language
that provides that all increased expendi-
tures for fiscal year 1976 resulting from
the enactment of this legislation must be
absorbed by the agency's present budget.
Travel will have to be reduced in order
to offset the increased expenditures:. In
conjunction with the Roth amendment
to the - supplemental appropriations bill,
the goal of eliminating needless travel, at
least for fiscal year 1976, might be met.
Mr. President, I move the adoption of
the conference report to S. 3341.
Mr. PERCY. Mr. President, this bill
will give the Administrator of General
Services the flexibility to continue utiliz-
ing the "lodging plus" concept of per
diem reimbursement, section 5707(a)
does not preclude the use of the current
"lodging,plus" method of computing per
diem. Under this method, the traveler is
allowed a fixed amount for meals and
expenses as determined by the Admin-
istrator plus the cost of lodging. The re-
sulting amount, subject to the statutory
limit, is the per diem rate applied to the
traveler's reimbursement. If the Admin-
istrator determines that the mileage al-
lowances fall below the -statutory min-
imum authorized in the bill, we encour-
age and direct GSA to work with the
Congress to draft legislation which would
resolve any inequities. -
The PRESIDING OFFICER. The ques-
tion is on agreeing to the motion of the
Senator from Kentucky.
The motion was agreed to.
UPHOLSTERY REGULATORS
The Senate continued with the con-
sideration of the bill (H.R. 421) to am6fid
the Tariff Schedules of the United States
to permit the importation of upholstery,
The PRESIDING OFFICER. All time
has been yielded back. -
The pending cloture motion will be
stated.
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 on the com-
mittee substitute for H.R. 421.
Russell B. Long, Herman E. Talmadge,
Robert Dole, Claiborne Pell, Frank E. Moss,
Hugh Scott, Walter F. Mondale, Lloyd Bent-
sen, Bob Packwood, Wallace F. Bennett, Carl
T. Curtis, Paul J. Fannin, Clifford P. Hansen,
Robert P. Griffin, Robert C. Byrd, Adlai
Stevenson.
The PRESIDING OFFICER. Pursuant
to rule XXII, the Chair directs the clerk
S 21767
to call the roll to ascertain the presence
of a quorum. -
The second assistant legislative clerk
called the roll, and the following Sen-
ators answered to their names:
[No. 560 Leg.i
Allen
Fannin
McClure
Baker
Griffin
McGee
Bartlett
Gurney
Metzenbaum
Beall
Helms
Pearson
Brock
Huddleston
Percy
Buckley
Hughes
Roth
Burdick
Jackson
Scott,
Byrd, Robert C. Javits
William L.
Case
Johnston
Stafford
Cook
Long
Stevens
Curtis
Mathias
Dole
McClellan
The PRESIDING OFFICER. A quorum
is not present.
Mr. ROBERT C. BYRD. Mr. President,
I move that the Sergeant at Arms be
directed to request the attendance of
absent Senators.
The motion was agreed to.
The PRESIDING OFFICER. The Ser-
geant at Arms will execute the order of
the Senate.
After some delay, the following Sen-
ators entered the Chamber and answered
to their names:
Abourezk
Goldwater
Packwood
Aiken
Hansen
Pastore
Bayh
Hart
Pell
Bennett
Hartke
Proxmire
Biden
Haskell
Randolph
Brooke
Hatfield
Riblcoff
Byrd,
Hollings
Schwelker
Harry F., Jr.
Hruska
Scott, Hugh
Cannon .
Inouye
Sparkman
Chiles
Kennedy
Stennis
Church
Magnuson
Stevenson
Clark
McGovern
Symington
Cotton
McIntyre
Taft
Cranston -
Metcalf
Talmadge
Domenicl
Mondale
Thurmond
Dominick
Montoya
Tower
Eagleton
.Moss
Tunney
Eastland
Muskie
Weicker
Ervin
Nelson
Williams
Fong
Nunn
Young
Th RESIDING OFFICER (Mr. Mc-
CLU . A quorum is present.
VOTE -
debate on the committee substitute for
H.R. 421, permitting duty-free importa-
tion of certain upholstery equipment,
shall be brought to a close?
The yeas and nays are mandatory
under the rule.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. ROBERT C. BYRD. I announce
that the Senator from Texas (Mr.
BENTSEN) , the Senator from Nevada (Mr.
BIBLE), the Senator from Alaska (Mr.
GRAVEL), the Senator from Arkansas
(Mr. FULBRIGHT), and the Senator from
Minnesota (Mr. HUMPHREY) are neces-
sarily absent.
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 be-
cause of a death in the family.
I further announce that, if present and
voting, the Senator from Minnesota (Mr.
HUMPHREY) would vote "yea."
Mr. GRIFFIN. I announce that the
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Senator f pkl CONGRESSIONAL RECORD -SENATE December 17, V74
ro h
Atourezk
Hartke
Muskie
Baker
Haskell
Nelson
Bartlett
B
n
Hatfield
Nunn
B
nett
en
Holruskas
Past O?d
Brock
Huddleston
Pearson
Burdick
Hughes
Pell
Byrd, Robert C. Inouye
Randolph
Cls.rk
Jackson
Ribicoff
Cook
Javits
Scott, Hugh
Co ,tan
Johnston
Sparkman
Crams-ton
Cuttis
Kennedy
Long
Stafford
Do] e
M
agnuson
Stevenson
Domenici
Mathias
Symington
Dominick
McClure
Talmadge
Eagleton
McGee
Tower
Fannin
McGovern
Tunney
For.g
McIntyre
Weicker
Goldwater
Metzenbaum
Willi
Griffin
Mondale
ams
Young
Hansen
Montoya
Hart
Moss
NAYS-25
Aiken
Case
Percy
Mie
Chiles
Proxmire
Bea] i
Bicb n
Eastland
Schwelker
Brooke
ur
S
~
Buckley
Gu
rney
Wi
iliamL.
Byrct,
Helms
Stennis
Harry F., Jr.
McClellan'
Taft
Cannon
Metcalf
Thurmond
a
so announce that th
e
S
enator from
NOT VOTING--B Maine (Mr. HATHAWAY) is absent be-
Bellmon Fulbright Humphrey cause of death in the family.
Bentsen Gravel Mansfield
Bible Hathaway I further announce that, if present and
The PRESIDING OFFICER. On this H
Voting, the Senator from aine ATHAWAY) and the Senator from Min
vote there are 67 yeas and 25 nays. Two- nesota (Mr. HUMPHREY) would each vote
thirds of the Senators present and voting "yea."
having voted in, the affirmative, the Mr. GRIFFIN. I announce that the
cloture motion is agreed to. Senator fro Oki
In h
a
oma (Mr
BELLMON)
SOCIAL SERVICES AMENDMENTS
OF 1974
The Senate continued with the con-
sideration of the bill (H.R. 17045) to
amend the Social Security Act to estab-
lish a consolidated program of Federal
financial assistance to encourage provi-
sion of services by the States.
The PRESIDING OFFICER (Mr. Mc-
CLURE). The question is, Shall the bill
pass``i-
Mr. LONG. Mr. President, as I under-
stand it, we have advanced to third read-
ing, and it was agreed that immediately
after the vote on cloture we would have
the vote on final passage of the bill pre-
vious:!y considered.
The PRESIDING OFFICER. That is
correct.
Mr. LONG. So now before we proceed
with the tax bill, we will vote on final
passage of the Social Services Amend-
menu of 1974, H.R. 17045.
The PRESIDING OFFICER,
correct. The question-is, Shall
pass?
The yeas
ordered.
That is
the bill
and nays have not been
Mr. LONG. Mr. President, I believe it
was tile desire that the yeas and nays
be ordered on that bill. So I request the
yeas wad the nays.
The PRESIDING OFFICER. Is there
a sufficient second?
The yeas and the nays were ordered.
m a
oma (Mr. BELLMON) Mr. LONG. Mr. President, a parlia-
is necessarily absent. mentary inquiry.
The yeas and nays resulted-yeas 67, The PRESIDING OFFICER. The Sen-
nays 25, as follows: ator will state it.
No. 561 Leg.] Mr. LONG. This is the bill dealing with
YEAS-67 the Social Services Amendments of 1974
we are voting on?
The PRESIDING OFFICER. The Sen-
ator is correct.
The yeas and nays have been ordered,
and the clerk will call the roll.
The second assistant legislative clerk
Proceeded to call the roll.
The PRESIDING OFFICER. The Sen-
ate will be in order so that the Members
may hear their names being called.
The clerk will continue.
The second assistant legislative clerk
resumed and concluded the call of the
r011.
Mr. ROBERT C. BYRD. I announce
that the Senator from Texas (Mr. BENT-
sEN), the Senator from Nevada (Mr.
BIBLE), the Senator from Arkansas (Mr.
FULBRIGHT), the Senator from Alaska
(Mr. GRAVEL), the Senator from Ar-
kansass (Mr. MCCLELLAN), and the Ben-
ator from Minnesota (Mr. HUMPHREY)
are necessarily absent.
I further announce that the Senator
from Montana (Mr. MANSFIELD) is ab?_
sent on official business.
I
l
.
is necessarily absent.
The result was announced-yeas 74,
nays 17, as follows:
[No. 562 Leg.]
YEAS--74
Abourezk
Hartke
Nunn
Aiken
Haskell
Packwood
Baker
Hatfield
Pastore
Bayh
Hollings
Pearson
Beall
Hruska
Pell
Biden
Huddieston
Percy
Brock
Hughes
Proxmire
Brooke
Burdick
Inouye
Jackson
Randolph
Ribi
ff
Byrd, Robert C. Javits
co
Roth
Cannon
Johnston
Schweiker
Case
Kennedy
Scott, Hugh
Chiles
Long
Sparkman
Church
Magnuson
Stafford
Clark
Mathias
Stevens
Cook
McGee
Stevenson
Cranston
McGovern
Symington
Dole
McIntyre
Taft
Domenici
Metcalf
Talmadge
Eagleton
Metzenbaum
Tower
Eastland
Mondale
Tunny
Fong
Montoya
Weicker
Griffin
Moss
Williams
Hansen
Muskle
Young
Hart
Nelson
NAYS-17
Allen Curtis McClure
Bartlett Dominick Scott;
Bennett Ervin William L.
Buckley, Fannin Stennis
Byrd, Goldwater Thurmond
Harry F., Jr. Gurney
Cotton Helms
NOT VOTING-9
Bellmon Pulbright Humphrey
Bentsen Gravel Mansfield
Bible Hathaway McClellan
So- the bill (H.R. 17045) was passed.
Mr. KENNEDY. Mr. President-
Mr. LONG. Mr. President__,
The PRESIDING OFFICER. The Sen-
ator from Louisiana.
Mr. LONG. Mr. President, i move to
reconsider the vote by which the bill was
Passed.
Mr. HANSEN. I move to lay that mo-
tion on the table.
The motion to lay on the table was
agreed to.
Mr. LONG. Mr. President, I move that
the Senate insist upon its amendments
and requests a conference with the House
of Representatives thereon, and that the
Chair be authorized to appoint the con-
ferees on the part of the Senate.
The motion was agreed to, and the
Presiding Officer appointed Mr. LONG,
Mr. HARTKE, Mr. RIBICOFF, Mr. MONDALE,
Mr. FANNIN, Mr. HANSEN, and Mr. DOLE
conferees on the part of the Senate.
UPHOLSTERY REGULATORS
The Senate continued with the consid-
eration of the bill (H.R. 421) to amend
the Tariff Schedules of the United States
to permit the importation of upholstery
regulators, upholsterer's regulating nee-
dles, and upholsterer's pins free of duty.
The PRESIDING OFFICER. The Sen-
ate now returns to the consideration of
H.R. 421.
Mr. LONG, Mr. President, I wish to
say a word or two about germaneness
before we go any further.
Mr. President, in my opinion, it is a
compact between Senators when cloture
is voted that-we will not consider or add
to the bill amendments that are not
germane to the bill.
I know Senators offering amendments
would like to offer something which, by
their views, would.be germane to the bill
but sometimes Senators tend to vote the
merits of the case rather than the ger-
maneness when they are called to vote
on that matter. -
It seems to me that when we vote
l
c
o-
ture on a bill and ask Senators to shut
off debate and bring something to a vote,
Senators should know what they are ex-
Pected to vote on. The benefit of the
doubt should be given those who are
opposed to germaneness.
It seems to me that precedents are in
favor of a narrow germaneness rule and
that the least we can do is to abide by
the Judgment of our Parliamentarian
whose credentials, in my Judgment, are
absolutely beyond any question. I believe
his integrity down through the years
support those credentials-that has been
as long as I have been here-and that we
can rely on the Parliamentarian to give
us his opinion on a matter like germane-
ness, quite apart and beyond the demands
of politics and expediency.
It seems to me, Mr. President, that
having voted cloture, the Senate should
almost as a matter of honor deem it its
duty to abide by the opinion of its Parlia-
mentarian unless it can be agreed that
we will give -consent to someone to offer
an amendment that is not germane.
I say that, Mr. President, because if
amendments are added to this bill which,
in my judgment, are not-germane, and in
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