PROTECTING AND PRESERVING TAPE RECORDINGS INVOLVING FORMER PRESIDENT M. NIXON

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CIA-RDP76M00527R000700170022-2
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September 4, 2001
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22
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December 9, 1974
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Approved For Release 2001/11/01 : CIA-RDP76M00527R000700170022-2 11446 less, of course, a recipient of a loan de- faults on repayment. I urge the adoption of House Resolu- tion 1485. in order that H.R. 5385 may be considered: Mr. MARTIN of Nebraska. Mr. Speak- er, I yield myself such time as I may consume. (Mr. MARTIN of Nebraska asked and was given permission to revise and ex- tend his remarks.) Mr. MARTIN of Nebraska. Mr. Speak- er, the distinguished gentleman from Hawaii (Mr. MATSUNAGA) has explained the resolution, and as that gentleman said, the resolution provides for an open rule with 1 hour of debate on the bill H.R. 5385; the Surface Transportation Act of 1974. This bill provides for up to $2 billion in guaranteed loans to the-railroads to assist them in improving and inoderniz- ing their physical plant and the pur- chase of new freight cars. In addition, the bill authorizes $15 million to con- duct two studies, one the national freight car utilization system and, second, a railroad electrification study. I would like to point out, Mr. Speaker, that rail transportation is by far the most economical and the cheapest of any transportation that we have In the country today. To move 1 ton a mile by rail, the-locomotive consumes 750 Btu's, a truck consumes 2,400 Btu's, and a plane consumes 63,000 Btu's. Rail trans- ' portation is extremely important to our country. I support the rule and I support the legislation. Mr. Speaker, I reserve the balance of my time. Mr. MATSUNAGA. Mr. Speaker, I yield 5 minutes to the distinguished gentleman from New Jersey (Mr. THoMP- SON). (Mr. THOMPSON of New Jersey asked and was given permission to revise and extend his remarks.) Mr. THOMPSON of New Jersey. Mr. Speaker, I shall seek to defeat the pre- vious question on the rule in order to amend the rule. I hope to strike the pro- vision in the rule that makes H.R. 7189, a nongermane bill, in order as an amend- ment to the Surface Transportation Act. In form, H.R. 7189 would amend the Railway Labor Act. In substance it amends the National Labor Relations Act, or Taft-Hartley. I want to emphasize, however, that I am In complete support of the Surface Transportation Act without H.R. 7189 attached to it. This position, I might say, is expressed in a letter to the Speaker dated Decem- ber 9 from the Secretary of Labor. This position is also supported by Mr. Usery, the head of the Federal Mediation and Conciliation Service. H.R. 7189 would prohibit strikes or walkouts in the longshore or maritime industries on the west coast which inter- fere with shipping between the west coast, Hawaii, Guam, and the other Pa- cific islands for a period of 160 days. The antistrike position is enforceable on peti- tion to a U.S. district court for an injunc- tion or temporary restraining order, and would be In addition to the injunction CONGRESSIONAL RECORD -HOUSE December 9, 1974 available under section 208 of Taft-Hart- ley of 1947. The bill permits an injunction to be ob- tained whenever there is any Interrup- tion whatsoever in commerce. Such in- terruption could be determined to exist if a single ship is delayed as much as 48 hours. The Federal district court'is not, under this bill, expected to make a judg- ment as to whether a genuine emergency exists before issuing an injunction. Un- like the National Labor Relations Act, this proposal ,determines conclusively that "any disruption" of maritime com- merce on the west coast automatically imperils the health ant well-being of the people of Hawaii and other affected is- lands. And I would say, parenthetically, that I am in deep sympathy with the problems of Hawaii, but Hawaii is not in any way the only State with this problem. The city of New York, for instance, can be completely isolated by a tugboat strike. H.R. 7189 amounts to a virtual prohi- bition against maritime and longshore- men strikes in Hawaii. That would be the practical effect of a 160-day morato- rium added to the 80-day Taft-Hartley injunction. It is generally realized that some eco- nomic disruption accompanies any strike, and traditionally we have ac- cepted such disruption to encourage free collective bargaining. I agree with Mr. Usery that the in- junction provided for in this bill will not encourage labor or management to seek peaceful means of resolving their dif- ferences through collective bargaining. One may question the wisdom of legisla- tion on behalf of the State of Hawaii in this unique and isolated way. One must seriously question whether Hawaii suf- fers more seriously than the 37,000 com- munities in the Nation which are served exclusively by truck transportation when there is a truck strike-or the city of New York, when the tugboats, their captains and crews go on strike. New York is also an island. Mr. PERKINS. Mr. Speaker, will the gentleman yield? Mr. THOMPSON of New Jersey. I yield to the gentleman from Kentucky. Mr. PERKINS. I thank the gentleman for yielding. Mr. Speaker, if I understand the gen- tleman's amendment and what he is seeking to do here, we must first vote down the previous question before the gentleman from New Jersey will be per- mitted to offer his amendment. No one is fighting the Surface Transportation Act at all. Mr. THOMPSON of New Jersey. That is right. Mr. PERKINS. We just want the Sur- face Transportation Act to proceed on its merits without this amendment at- tached. The Matsunaga amendment does not belong to it-it belongs in the gen- tleman's subcommittee-and should be deleted. Mr. THOMPSON of New Jersey. The chairman is exactly correct. The amend- ment Is on page 2 of the rule to strike out the sentence beginning on line 10 and ending with the word "substitute" on line 13. That simply takes the Matsunaga bill out of the Surface Transportation Act, which I shall enthusiastically sup- port. The SPEAKER. The time of the gen- tleman has expired. Mr. MATSUNAGA. Mr. Speaker, I yield 5 minutes to the gentleman from California (Mr. PHILLIP BURTON). (Mr. PHILLIP BURTON asked and was given permission to revise and ex- tend his remarks.) Mr. PHILLIP BURTON. Mr. Speaker, I, too, join with my colleague, the gen- tleman from New Jersey, in opposing the vote on the previous question. I intend to vote for the legislation out of the committee. But I think it is a very ill- advised procedure that the Committee on Rules, without a hearing on the merits, affix this kind of amendment to legisla- tion being reported out of another com- mittee. This House has a way of referring back to actions of previous Congresses. On occasion they are called precedents. I would urge those who prefer that this kind of action by, the Committee on Rules be discouraged rather than en- couraged bear in mind that "what is good for the goose in the 93d Congress may be good for the gander in the 94th Congress." So I urge a vote against the previous question and then a vote to change the rule. Mr. Speaker, I yield back the balance of my time. Mr. MATSUNAGA. Mr. Speaker, I yield 2 minutes to the gentleman from Washington (Mr. ADAMS). (Mr. ADAMS asked and was given permission to revise and extend his re- marks,) Mr. ADAMS. I thank the gentleman for yielding. Mr. Speaker, I want to support the position of the gentleman from New Jer- sey (Mr. THOMPSON) and the gentleman from California (Mr. PHILLIP BURTON) that the previous question be voted down, and that the Thompson amendment to the rule, which simply deletes the ref- erence to H.R. 7189, be adopted, and the rule be adopted, so we proceed with the legislation. H.R. 7189 was a separate bill that was considered in separate fashion by the committee. It was not a part of the Sur- face Transportation Act. This legislation may have merit for the gentleman from Hawaii, and I understand his efforts to do this and understand why it was placed in the rule by him. But this is a contro- versial national issue. It is before the Committee on Education and Labor. Those of us on the Committee on Inter- state and Foreign Commerce did not want to bring this before the House as part of our bill. It is not part of our effort to have this considered in this rule and therefore I hope the Members will vote down the previous question and support the Thompson amendment and then we will proceed with the Surface Transportation Act on its merits in the manner in which It was voted out of the committee. The Surface Transportation Act has been ex- Approved For Release 2001/11/01 : CIA-RDP76M00527R000700170022-2 Approved For Release 2001/11/01 : CIA-RDP76M00527R000700170022-2 De6ember 9, 1974 CONGRESSIONAL RECORD-HOUSE congressional committees of counsel who would have been required to take the po- sition that the materials were public property. Ms. HOLTZMAN. I understand the ex- planation the gentleman is giving me. It seems to me a little bit inconsistent, how- ever, to take the position that we, 435 Members of Congress, do not want to de- cide the matter of ownership but instead will leave it to the courts to decide, but at the same time we are not permitting an adversary proceeding to take place be- cause the Department of Justice has al- ready made the decision that the tapes and the Presidential papers of Richard Nixon belong to him. I am concerned there will not be an adequate adversary presentation of this issue of ownership. However, I will not object. Mr. BRADEMAS. Mr. Speaker, I ap- preciate the observations of the gentle- woman. I sincerely hope the Department of Justice will be a serious adversary in any litigation regarding the issue of own- ership and that there will be an adequate adversary presentation. Mr. Speaker, I would like to say that the substance of the House provision de- leted by the Senate amendment was orig- inally proposed by the gentlewoman from New York (Ms. HOLTZMAN) and I appre- ciate her interest in this provision and her strong support of this legislation. Ms. HOLTZMAN. Mr. Speaker, I with- draw my reservation of objection. The SPEAKER. Is there objection to the request of the gentleman from Indi- ana? There was no objection. The Senate amendments to the House amendment were concurred in. A motion to reconsider was laid on the table. GENERAL LEAVE Mr. 1RADEMAS. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks on the legislation just considered. The SPEAKER. Is there objection to the request of the gentleman from In- diana? There was no objection. PROVIDING FOR CONSIDERATION OF H.R. 5385, SURFACE TRANSPOR- TATION ACT OF 1974 Mr. MATSUNAGA. Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1485 and ask for its immediate consideration. The Clerk read the resolution as fol- lows : H. RES. 1485 Resolved, That upon the adoption of this resolution it shall be in order to move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of the bill (H.R. 5385) to restore and maintain a healthy transportation system, to provide financial assistance, to improve competitive equity among surface transportation modes, to im- prove the process of Government regulation, and for other purposes. After general de- bate, which shall be confined to the bill and shall continue not to exceed one hour, to be equally divided and controlled by the chairman and ranking minority member of the Committee on Interstate and Foreign Commerce, the bill shall be read for amend- ment under the five-minute rule. It shall be in order to consider the amendment in the nature of a substitute recommended blr the Committee on Interstate and Foreign Com.- merce sow printed in the bill as an original bill for the purpose of amendment under the five-minute rule, said substitute shall be read for amendment by titles instead of by sections, and all points of order against section 102 of said substitute for failure to comply with the provisions of clause 4, rule 34XI are hereby waived. It shall he in order to consider without the intervention of any point of order the text of the bill H.R. 7189 if offered as an amendment to the committee amendment in the nature of a substitute. At the conclusion of the con- sideration of the bill H.R. 5385 for amend- ment, the Committee shall rise and report the-bill to the House with such amendments as me.y have been adopted, and any Mem- ber may demand a separate vote in the House on any amendment adopted in the Commit- tee of the Whole to the bill or to the com- mittes amendment in the nature of a sub- stitute. The previous question shall be con- sidered as ordered on the bill and anmend- ment3 thereto to final passage without intervening motion except one motion to recorimit with or without instructions. After the passage of H.R. 5385, the Committee on Interstate and Foreign Commerce shall be discharged from the further consideration of tl: a bill S. 1149, and it shall - then be in order in the House to move to strike cut all after the enacting clause of the said Sen- ate bill and insert in lieu thereof the pro- visions of H.R. 5385 as passed by the House. The SPEAKER. The gentleman from Hawaii is recognized for 1 hour. Mr. MATSUNAGA. Mr. Speaker, I yieli 30 minutes to the gentleman from Nel;raska (Mr. MARTIN), pending which I yield myself such time as I may con- sume. Mr. Speaker, House Resolution 1483 provides for consideration of H.R. 5385, which, as reported by our Commit- tee on Interstate and Foreign Commerce, would, among other things, restore and maintain a healthy national surface transportation system, provide needed fi- nancial assistance, improve competitive equity among surface transportation me des, and improve the process of Gov- ernment regulation of the railroads. The resolution provides an open rule with 1 hoar of general debate, with the time being equally divided between, and con- trolled by, the chairman of the commit- tee and the ranking minority member. After general debate, the bill would be read for amendment under the 5-minute rule. It would be in order, under the 5-minute rule, to consider the amend- ment in the nature of a substitute recommended by the Committee on Ir terstate and Foreign Commerce and watch is now printed in the bill as an original. bill. The substitute would be read for amendment by titles instead of b:i sections, and all points of order against section 102 of the substitute for failure to comply with the provisions of c:.ause 4, rule XXI, would be waived. It would also be in order to consider without the intervention of any point o*' order, the text of the bill, H.R.. 7189, If cifered as an amendment to the commit- tee amendment in the nature of a sub- stitute. H 11445 . At the conclusion of the consideration of H.R. 5385 for amendment, the com- mittee will rise and report the bill to the House with such amendments as may have been adopted, and any member may demand a separate vote in the House on any amendment adopted in the Commit- tee of the Whole to the bill or to the amendment in the nature of a substitute. The previous question will be consid- ered as ordered on the bill and amend- ments thereto to final passage without intervening motion except one motion to recommit with or without instructions. After the passage of H.R. 5385, the Com- mittee on Interstate and Foreign Com- merce will be discharged from the further consideration of the bill, S. 1149, and it will then be in order in the House to move to strike out all after the enacting clause of S. 1149 and to insert in lieu thereof the provisions of H.R. 5385 as passed by the House. Mr. Speaker, several decades ago. America's rail network was its lifeline. Most of the country's freight and travel- ers were carried by the railroads. The railroad industry was then in excellent financial condition. But all that has Changed in recent years. Today, railroads move less than 40 per- ^ent of the intercity freight, and only a traction of the intercity passengers. Ma- jor rail companies In the Northeast are in bankruptcy, and several others in the Midwest are in serious financial difficul- ties. The rail Industry just did not keep up with an expanding economy and a fast- changing technological revolution. How- ever, irrespective of the question of the industry's lack of necessary innovations, government-at both State and Federal levels-must assume Its share of the blame. The cumbersome, slow process of ratemaking, division of rates, merger proposals and other vital -matters to the industry have caused enormous road- blocks to rapid, necessary changes in the industry. Mr. Speaker, H.R. 5385 is designed to give new life to America's rail Industry. Based on the industry's urgent needs, the reported bill, for example, would: First, Provide Federal Government backing for up to $2 billion in loans for railroads to modernize and develop their physical plant and acquire new freight cars; Second, authorize an appropriation of $15 million to the Secretary of Trans- portation to conduct two studies: Na- tional freight car utilization system and railroad electrification study. Third, ban discriminatory taxation of transportation property by States or their subdivisions. Fourth, give the Interstate Comm--rce Commission a maximum period of 2 years, from the date of enactment of the bill., to establish and maintain standards for determination of adequate rate levels for surface transportation modes; and Fifth, mandate or prohibit certain other ICC activities, all designed to assist the railroads and their employees. Mr. Speaker, the only cost of the pro- gram provided under H.R. 5385 will be the $15 million authorized for the De- partment of Transportation studies, un- Approved For Release 2001/11/01 : CIA-RDP76M00527R000700170022-2 Approved For Release 2001/11/01 : CIA-RDP76M00527R000700170022-2 H 11444 CONGRESSIONAL RECORD -HOUSE December 9, 4974 paid out of the general fund of the Treasury of the United States such amount or amounts as may be adjudged just by that court." These amendments combine two sec- tions in the House-passed measure-sec- tions 103 and 106-to make clear that the U.S. District Court for the District of Columbia shall have exclusive jurisdic- tion to hear all challenges to this legis- lation, including challenges to the legal and constitutional validity of this title and any challenge regarding the question of title, custody, possession, or control of these tapes and materials and the payment of "just compensation" which may be required. The amendment also deletes the provision for a three- judge court with direct appeal to the Supreme Court. This amendment would thereby enable a single judge of the U.S. District Court for the District of Columbia to hear any challenge to this legislation. The amendment provides that any challenges to this legislation receive priority consideration and that all appeals be heard on an expedited basis. The amendment would allow for an expeditious review of any legal challenge to this legislation. There is now pending before a single-judge District Court for the District of Columbia a proceeding in which the major issues have already been briefed and argued and in which the major parties are present. Under the amendment, the pleadings in the pend- ing litigation could be amended to take into account additional issues regarding the validity of the legislation and the United States could be added as a de- fendant to any claim for compensation by Mr. Nixon. The amendment also deletes the ex- press language in the House-passed bill which provides that the bill takes no position on ownership of the material prior to enactment. The legislation still takes no position on ownership. However, the Senate felt that this language was unnecessary be- cause the legislative history in the Sen- ate and House is clear on this point. (1) on.page 14, line 22, delete section 107, relating to participation in certain court actions by the appointment of a special counsel. Section 107 was initially proposed to respond to the problem of relying on the Department of Justice to -epresent the public interest in any challenge to this legislation in view of Attorney General Saxbe's legal opinion which concluded that the material is Nr. Nixon's private property. The Senate amendment deletes a pro- vision in the House-passed bill that au- thorizes the House Administration Com- mittee and the Senate Government Op- erations Committee to appoint, either jointly or separately, a special counsel to intervene in relevant litigation to in- sure proper and adequate presentation of the issues. This section was deleted by the Sen- ate because it was felt to be inconsistent with a fundamental assumption of this legislation that the Congress, in this bill, is taking no position on ownership of the material prior to enactment of the legislation. This section in the House bill would provide for the appointment by congressional committees of counsel who would be required to take the position that the tapes and materials are public property. Further, the amendment was viewed by. the Senate as unnecessary for the following reason. The new "judicial re- view" section, section 105, would provide that any challenge to this legislation - could be considered as part of litigation which is now pending in the U.S. District Court for the District of Columbia. Since most of the issues in this litigation have been fully briefed and competently argued, and since the issues in any chal- lenge to this litigation will be essentially the same, the public interest will be fully represented. And, if it becomes apparent that a particular point may not be ade- quately represented, the judge presiding over such litigation could appoint an amicus curiae to argue these points. Mr. CLEVELAND. Mr. Speaker, pro- ceeding further, under my objection, the gentleman from Indiana has explained the Senate amendments. I was interested in the reason why they deleted the lan- guage that referred to title. I would like to ask him if he is fully satisfied with the legislative history in both the Senate and House which has made clear that this legislation is in no way going to be interpreted as affecting title to or ownership of Presidential papers, et Mr. BRADEMAS. Mr. Speaker, I agree fully with the interpretation of the gen- tleman from New Hampshire. Mr. CLEVELAND. With that assur- ance, Mr. Speaker, I withdraw my res- ervation of objection. Mr. DENNIS. Mr. Speaker, further re- serving the right to object, can my friend from Indiana tell me whether all the Senate amendments. are germane? Mr. BRADEMAS, Yes. Mr. DENNIS. And why is it that we are proceeding here on this rather com- plicated matter without any conference report before us? Mr. BRADEMAS. I might respond to my colleague by reminding him that last week we did pass this bill by unanimous vote, by voice vote. It was therefore not thought to be controversial. The bill was reported by-the subcom= mittee unanimously, reported by the Committee on House Administration by a vote of 20 to 0, and, as I have just said, was unanimously approved by the House. Because it did not seem to be a contro- versial matter and because it was worked out with close bipartisan cooperation, most particularly with the help of the gentleman from New Hampshire (Mr. CLEVELAND) and the gentleman from Idaho (Mr. HANSEN), it was thought quite appropriate to move on the bill today. Mr. DENNIS. Will the gentleman yield further? Mr. BRADEMAS. Yes. Mr. DENNIS. As I understand it, the bill does preserve the right to determine the question whether these papers are personal property of the former Presi- dent and to litigate that, and it provides that if it is held that they are, that there will be compensation, as provided by the Constitution; is that correct? Mr. BRADEMAS. The gentleman is correct. Mr. DENNIS. If I may ask the gentle- man a further question, why is it that the possibility of raising those questions is confined only to one U.S. district court,-namely, that in the District of Columbia, rather than being able to bring it in the district of southern California, or elsewhere, as would normally be the case? Mr. BRADEMAS. The answer to that question is, of course-if my colleague from Indiana will yield further-most of the materials which are presently in- volved in this particular matter are located here within the District of Co- lumbia or the Metropolitan Washington area, and most of the participants, more- over, are in this area. Mr. DENNIS. I might ,point out to the gentleman that if the former President should want to litigate the question- and I should imagine that he might be one who might wish to do so-he is located in the California district, but he would have to come here to do it, which is a somewhat unusual provision. . Mr. BRADEMAS. If I may respond to my colleague, it is my understanding that the former President is at present litigating with respect to many of these issues now and is represented here in the District of Columbia by counsel. Mr. DENNIS. Mr. Speaker, on the representation that my friend from New Hampshire is reasonably well satisfied and that my colleague from Indiana is more than reasonably well satisfied, I will withdraw my reservation. Mr. BRADEMAS. I thank my colleague. The SPEAKER. Is there objection to the request of the gentleman from Indiana? Ms. HOLTZMAN. Mr. Speaker, reserv- ing the right to object, I would like to ask the gentleman from Indiana a question with respect to the Senate amendments, because I am concerned, too, about who will represent the interests of the people of the United States on the questions as to who will ultimately have title, wheth- er or not there is to be just compensa- tion paid. It is my understanding that the Sen- ate at the conference deleted an amend- ment that would have permitted the House committee and the Senate com- mittee to appoint a counsel; is that cor- rect? Mr. BRADEMAS. Yes. If the gentle- woman will yield- Ms. HOLTZMAN. I will be happy to yield. - Mr. BRADEMAS. We did not go to con- ference on this matter. The section was deleted by the Senate, and the point that was made by the Senate was that it was inconsistent to have such an arrange- ment, in view of the fundamental as- sumption of the legislation, that Con- gress, in acting on this bill, was not tak- ing any position on ownership of the ma- terial prior to enactment of the statute. Under the House version of the bill, pro- vision was made for the appointment by Approved For Release 2001/11/01 : CIA-RDP76M00527R000700170022-2 Approved For Release 2001/11/01 : CIA-RDP76M00527R000700170022-2 December 9, 1974 CONGRESSIONAL RECORD -HOUSE Speaker's desk the bill (S. 4016) to pro- tect and preserve tape recordings of con- versations involving former President Richard M. Nixon and -made during his tenure as President, and for other pur- poses, with Senate amendments to the House amendment thereto, and concur in the Senate amendments. The Clerk read the title of the bill. The Clerk. read the Senate amend- nients, as follows: Page 3, line 4, of the House engrossed amendment, after "as" Insert: "hereafter". Page 3, line 21, of the House engrossed amendment, strike out "purpose," and in- sert: "purpose which is consistent with the provisions of this title, subsequent and". Page 3, line 22, of the House engrossed amendment, strike out "104" and Insert; "103". Page 4, line 2, of the House engrossed amendment, strike out "current". Page 4, line 4, of the House engrossed amendment, strike out "104" and Insert "103". Page 4, of the House engrossed amend- ment, strike out lines 5 to 16, inclusive. Page 4 line 19, of the House engrossed amendment, strike out "104" and insert: ;.103". Page 5, line 4. of the House engrossed amendment, strike out "105" and insert "104". Page 6, of the House engrossed amend- ment, strike out lines 1 to 7, inclusive, and insert: "(6) the need to provide public access to those materials which have general historical significance, and which are not. likely to be related to the need described In paragraph 4I); and". Page 7, line 6, of the House engrossed amendment, after "the" the second time it appears insert: "Senate and the". Page 7, line 7, of the House engrossed amendment. after "Representatives," insert: "respectiveh,". Page 7, line 8, of the House engrossed amendment strike out "the House," and in- sert: "each House, respectively,". Page 7, cf the House engrossed amend- ment, strike out line 12 and insert: "of either House to change such rules (as far as relat- ing to the procedures of that House) at". Page 7, line 14, of the House engrossed amendment, stirke out "the " where it ap- pears the second time and insert: "that". Page 7, lines 14 and 15, of the House en- grossed amendment, strike out "in the House of Representatives". Page 7, tine 17, of the House engrossed amendment, after "House" insert: "or by the President of the Senate, as the case may be". Page 8, sine 10, of the House engrossed amendment, strike out "in the House of Representatives". Page 8 of the House engrossed amend- ment, after line 24 insert: "(d) The provisions of this title shall not in any way affect the rights, limitations, and exemption:; applicable under the Freedom of Information Act, 5 U.S.C. 1552 et seq. Page 9, of the House engrossed amend- ment, strike out lines 2 to 13, Inclusive, and insert: "SEc. 105. (a) The United States District Court for the District of Columbia shall have exclusive jurisdiction to hear challenges to the legal or constitutional validity of this title or of any regulation issued under the authority granted by this title, and any ac- tion or proceeding involving the question of title, ownership, custody, possession, or control of any tape recording or material re- ferred to in section 101 or to payment of any Just compensation which may be due in con- nection therewith. Any such challenge shall be treated by the court as a matter requir- ing immediate consideration and resolution and shall have priority on the docket of such court over other cases." Page 9, after line 21, of the House en- grossed amendment, insert: "(c) If a final. decision of such court holds that any provision of this title has deprived an individual of private property without just compensation, then there shalt be paid out of the general fund of the Treasury of the United States such amount or amounts as may be adjudged just by that court." Page 9, of the House engrossed amend- ment, strike out all after line 21 over to and including: line 10 on page 10. Page f3, line 12, of the House engrossed amendment, strike out "108" and insera: "106". The SPEAKER. Is there objection to the reruest of the gentleman from Indiana? Mr. CLEVELAND. Mr. Speaker, I re- serve the right to object so I may inquire of the gentleman from Indiana about the chr.nges which were made in the Senate to this legislation. I assume the gentlerr an will address himself to that point. It Is difficult to digest the changes in the very few moments that I have had access to them. Mr. 73RADEMAS. Mr. Speaker, if my colleague, the gentleman from New Hamps. mire, will yield, that is what I pro- pose to do. Mr. CLEVELAND. Mr. Speaker, I yield to the gentleman from Indiana for the purpose of making that explanation. (Mr. 13RADEMAS asked and was. given permission to revise and extend his remark s.) Mr. 73RADEMAS. Mr. Speaker. S. 4016 would provide that the Federal Govern- ment xetain custody of the Nixon tapes and other Presidential material and would establish a 17-member commission to study the handling of documents of all Federal officials. S. 416 was passed by the House on Tuesday, December 3, 1974, under Sus- pension of the Rules, by unanimous voice vote. The Senate amendments are gen- erally technical and clarifying in nature: (a) On page 8, line 4, after the word "as", add tha following: "hereafter." This; will make clear that the tapes and other materials may be destroyed only as provided by a law enacted in the future, not by an existing law, (b) On page 8, line 21, after the word "purpose", delete the comma (",") and add the following: "which is consistent with the provisions of this title, subsequent and;" This is to make clear that Mr. Nixon's right of access shall be consistent with the provisions of this title: for example, that the originals cannot be removed from the Washingotn metropolitan area, and they shall not be destroyed and that access shall not be provided until se- curit;r regulations have been issued pur- suam; to section 103. (c) On page 9, line 1, delete the following: "currant." This is a technical amendment to snake clear that the Government may use the material for any official lawful purpose. (d) On page 11, line 1, subsection (6) would read as follows: "(C) the need to provide access to those H 11443 materials which have general historical sig- nificance, and which are not likely to be re- lated to the need described In paragraph (1)." TF.F.e phrase "related to the Presidency of Richard M. Nixon" has been deleted from this section in the House-passed bill because it is redundant. The phrase "in a manner which is con- sistent with procedures which have been used to provide public access to mate- rials of former Presidents" has been de- leted because it could be interpreted to mean that Richard M. Nixon could direct the Administrator to place restrictions on access to the Presidential material. The inteniton of that phrase was to allow the Administrator to place limited re- strictions on access to material which mar bear on national security or which ma,- be particularly sensitive. In my judgment, the other subsections of section 104 provides an adequate basis for the Administrator to limit general ac- cess or to set timetables for access where apr :'opriate. Further, the language deleted suggests that there is some established procedure for determining access to Presidential materials; however, procedures utilized by former Presidents have not been uni- for'n. While GSA might want to refer to other Presidential experiences in devising regulations, it may be confusing if they art explicitly instructed to conform their regulations to some set of procedures which do not exist. (-) On page 12, line 6, and all related am ~ndme nts. These amendments simply conform the Se _ate procedure for disapproving regu- lai.ions issued by the Administrator to the procedure for House disapproval which is in the House-passed bill. f) On page 13, line 24, delete the period ("e") and insert in lieu thereof the following: (d) The provisions of this title shall not in any way affect the rights, limitations or ex.ensions applicable under the 'Freedom of In"ormation Act, 6 U.S.C., sec. 552, et seq.' " This language is Intended to make clear that access to the material which may otherwise be authorized by the Freedom of Information Act shall not be limited by the provisions of this title. :g) On page 9, delete lines 4 through 15: prge 14, delete lines 2 through 13 and insert in lieu thereof the following: "SEC. 105. (a) The United States District Court for the District of Columbia shall have exclusive jurisdiction to hear challenges to the legal or constitutional validity of this title or of any regulation issued under the ai 1 thority granted by this title and any action os proceeding involving the question of title, ownership, custody, possession, or control of any tape recording or material referred to its See. 101, or involving payment of any just compensation which may be due In connec- t!on therewith. Any such challenge shall be treated by the court as a matter requiring Immediate consideration and resolution, and stall have priority on the docket of such court o?7er other cases." (h) On page 14, at line 21, insert the fol- 1,wing new subsection: "(c) If a final decision of the United States District Court for the District of Columbia holds that any provision of this title has de- prived an individual of private property with- ( tit just compensation, then there shall be Approved For Release 2001/11/01 : CIA-RDP76M00527R000700170022-2 Approved For Release 2001/11/01 : CIA-RDP76M00527R000700170022-2 December 9, 1974 CONGRESSIONAL RECORD -HOUSE Mr. Moorhead of Pennsylvania and Mr. Broomfield for, with Mr. Fisher against. Mr. ;Bangel and Mr. Rodlno for, with Mr. Mills agipst Mr. Coin and Mr. McFall for, with Mr. Gray againsii Mr. Robis of New York and Mrs. Chis. holm for, with' s. Holt against. Mr. Rostenki and Mr. Cotter for, with Mr. Clark against: Until further no Mr. Howard with Mr shleman. Mr. Carey of New Yorith Mrs. Green of Mr. Blatnik with Mrs. Griffiths, Mr. Chappell with Mr. Luken. Mr. Evins of Tennessee with Mr. Holi Mr. Donohue with Mr. Bell. Mr. Reuss with Mr. MeSpadden. Mr. Brown of California With Mr. Brown of Ohio. Mr. Jones of North Carolina with MTir'. Chamberlain. Mr. Ryan with Mr. Devine. Mr. Meeds with Mr. Minshall of Ohio. Mr. Grover with Mr. Maraziti. Mr. Hillis with Mr. Mathias of California. Mr. Macdonald with Mr. Railsback. Mr. Ruppe with Mr. Roncallo of New York. Mr. Sandman with Mr. Schneebeli. Mr. Towell of Nevada with Mr. Wyman. The result of the vote was announced as above recorded. - ANNOUNCEMENT BY THE SPEAKER The SPEAKER pro tempore (Mr. FuL- TON). Pursuant to the provisions of clause 3 (b) of rule XXVIII, the Chair announces that he will reduce to a mini- mum of 5 minutes the period of time within which a vote by electronic device may be taken on all of the additional motions to suspend the rules on which the Chair has postponed further pro- ceedings. FLOOD DAMAGE The SPEAKER pro tempore (Mr. FUL- ToN). The unfinished business is the question of suspending the rules and passing the Senate bill (S. 2201). - The Clerk read the title of the bill. The SPEAKER pro tempore. The ques- tion is on the motion offered by the gen- tleman from Louisiana (Mr. BREAUX) that the House suspend the rules and pass the Senate bill (S. 2201), on which the yeas and nays were ordered. The vote was taken by electronic de- vice and there were-yeas 172, nays 185, not voting 77, as follows: [Roll No. 6591 YEAS-172 Abzug Bowen Clay Adams Brademas Cochran Addabbo Breaux Collins, Ill. Alexander Breckinridge Conyers Anderson, Brinkley Corman Calif. _ Brooks Culver Annunzio Burke, Calif. Daniels, Armstrong Burke, Fla. Dominick V. Aspin Burke, Mass. Davis, S.C. Barrett Burlison, Mo. de la Garza Bennett Burton, John Dellums Bergiand Burton, Phillip Denholm Bevill Carney, Ohio Dent Bingham Casey, Tex. Diggs Blatnik Clausen,. Dingell Bolling Don H. Dorn Downing Kyros Dulski Leggett Eckhardt Lehman Edwards, Calif. Long, La. Esch Lott Fascell McCloskey Flood McCormack Flynt Madden Foley Mathis, Ga. Ford Matsunaga Fountain Melcher . Fraser Metcalfe Fulton Mezvinsky Fuqua Mitchell, Md. Gettys Mizell Gilman Moakley Ginn Moorhead, Pa. Goldwater Morgan Gonzalez Moss Gubser Murphy, Ill. Hanley Murphy, N.Y. Hanna Nedzl Hanrahan Nix Hansen, Wash. Obey Harrington Owens Hawkins Patten Hebert Pepper Hechler, W. Va. Perkins Heckler, Mass. Pickle Helstoski Poage H man Reid Hos Reuss Hun Rhodes Johns Calif. Roberts Jones, A Roe Jones, Te Roncalio, Wyo. Jordan Rooney;.Pa. Karth Rose Kazen ousselot Kluczynski Germain Koch banes Abdnor Anderson, Ill. Andrews, N. Dak. Archer Arends Ashley Bafalis Baker Bauman Beard Biaggi Biester Blackburn Boland Bray Brotzman Brown, Mich. Broyhill, N.C. Broyhill, Va. Buchanan Burgener Burleson, Tex. Butler Camp Carter Cederberg Clancy Cleveland Collier Collins, Tex. Conable Conlan Conte Coughlin Crane Cronin YS-i 85 Green Gross Gude Gunter Guyer Hamilton Hammer- schmidt H11441 Schroeder Wyatt Yatron Young, S.C. .Seiberling Wydler Young, Fla. Zion Shuster Si k Wylie Young, Ill.. , Zwach s Smith, Iowa NOT VOTING-77 Staggers Andrews. N.C. Flowers Mink Stanton, Ashbrook Giaimo Minshall, Ohio J. William Badillo Grasso Mosher Stanton, Bell Gray Passman James V. Boggs Green, Oreg. Podell Stark Brasco Griffiths Price, Tex. Stephens Broomfield Grover Railsback Stokes Brown; Calif. Haley Rangel Stubblefield Brown, Ohio Hays Rarick Stuckey Byron Hulls Robison, N.Y. Studds Carey, N.Y. Holifield Rodino Sullivan Chamberlain Horton Rogers Symington Chappell Howard Roncallo, N.Y. Teague Chisholm Jones, N.C. Rooney, N.Y. Thompson, N.J. Clark Landrum Rostenkowski Thornton Clawson, Del Latta Roybal Tiernan Cohen Long, Md. Ruppe Traxler Cotter Luken Ryan Treen Danielson McFall Sandman Udall Davis, Ga. McSpadden Schneebel l Ullman Van Deerlin Donohue Madigan Taylor, Mo. Vander Veen Eilberg Maraziti Towell, Nov. Vanik Eshleman Mathias Calif. Wyman Waggonner Evins, Tenn. , Meeds Young, Alaska Waldie Whit Fisher Mills e Whitten So (two-thirds not having voted in Wilson, Bob favor thereof) the motion was rejected. Wilson, Charles H., The Clerk announced the .following Calif. pairs: Wilson, On this vote: Charles, Tex. Wrrieht Mrs. Boggs and Mr. Rodino for, with Mr. Yates Young, Ga. Young, Tex. Zabiocki Nelsen Nichols O'Brien O'Hara O'Neill Parris Patman Heinz Quill Hinshaw Rees Holt Regula Huber Riegle Hudnut Rinaldo Hunt Robinson, V Hutchinson Rosenthal Ichord Roush Jarman Roy Johnson, Colo. Runnels Johnson, Pa. Jones, Okla. Kastenmetor Kemp Ketchum King Kuykendall Lagomarsino Landgrebe Lent Litton Lujan McClory McCollister Daniel, Dan McDade Daniel, Robert McEwen W., Jr. McKay Davis, Wis. McKinney Delaney Mahon Delienback Mallary Dennis Mann Derwinski Martin, Nebr. Ruth Sarasin Satterfield Scherle Sebelius Shoup Shriver Sikes Skubitz Slack Smith, N.Y. Snyder Spence Steed Steele Steelman Steiger, Ariz, Steiger,.Wis. Stratton Symms Talcott Taylor, N.C. Dickinson Martin, N.C. Thomson, Wis. Drinan Mayne Thorre Duncan Mazzoli Vander Jagt du Pont Michel Veysey Edwards, Ala. Milford Vigorito Erlenborn Miller Walsh Evans, Colo. Minish Wampler Findley Mitchell, N.Y. Ware Fish Mollohan Whalen Forsythe Montgomery Whitehurst Frelinghuysen Moorhead, Widnall Frenzel Calif. Wiggins Frey Murtha Williams Froehlich Myers Winn Gaydos Natcher Wolff Rarick against. Until further notice: Mr. Hays with Mr. Rooney of New York. Mr. Chappell with Mr. Gray. Mr. Cotter with Mr. Rarick. Mr. Rostenkowski with Mrs. Griffiths. Mr. Howard with Mr. Carey of New York. Mr. Donohue with Mr. Davis of Georgia. Mr. Eilberg with Mr. Fisher. Mr. Evins of Tennessee with Mr. Luken. Mr. Macdonald with Mr. Chamberlain. Mr. McFall with Mr. Ashbrook. Mrs. Mink with Mr. Del Clawson. Mr. Giaimo with Mr. Devine. Mr. Flowers with Mrs. Grasso. Mr. Haley with Mr. Bell. Mr. Brown of California with Mr. Grover. Mr. Badillo with Mr. Holifield. Mrs. Chisholm with Mrs. Green of Oregon. Mr. Meeds with Mr. Hillis. Mr. Shipley with Mr. Horton. Mr. Ryan with Mr. Jones of North Caro- lina. Mr. Rogers with Mr. Latta. Mr. Rangel with Mr. Clark. . Andrews of North Carolina with Mr. gan. - Mr. Lo den. Mr. Roybal Mr. Cohen Mr. Eshleman Mr. Passman Mr. Sandman wi York. Mr. Young of Alaska Nevada. The result of the vote-was announced as above recorded. REPEALING THE REQUIREMENT THAT COMMANDERS OF AIR FORCE FLYING UNITS BE PILOTS The SPEAKER. The unfinished busi- ness is the question of suspending the rules and passing the Senate bill, S. 3906. Approved For Release 2001/11/01 : CIA-RDP76M00527R000700170022-2 H.11442 L J_Q S{o( .c Approved For Release 2001/11/01 : CIA-RDP76M00527R000700170022-2 CONGRESSIONAL RECORD - HOUSE December 9, 1974 The Clerk read the title of the Senate bill. The SPEAKER. The question is on the motion offered by the gentleman from New York (Mr. STRATTON) that the House suspend the rules and pass the Senate bill, S. 3906. The question was taken; and (two- thirds having voted in favor thereof) the rules were suspended and the Sen- ate bill was passed. A motion to reconsider was laid on the table. A House resolution (H. Res. 1421) was laid on the table. VETERANSAND SURVIVORS PEN- SION ADJUSTMENT ACT OF 1974 The SPEAKER. The unfinished busi- ness is the question of suspending the rules and passing the Senate bill, S. 4040, as amended. The Clerk read the title of the Senate bill. The SPEAKER. The question is on the motion offered by the gentleman from South Carolina (Mr. DORN) that the House sus;?end the rules and pass the Senate bill. S. 4040, as amended, on which the yeas and nays have been ordered. The vote was taken by electronic de- vice, and there were-yeas 357, nays 1, not voting 76, as follows: [Roll No. 6601 YEAS-357 Abdnor Cederberg Flynt Abzug Clancy Foley Adams Clausen, Ford Addabbo Don H. Forsythe Anderson, Clay- Fountain Calif. Cleveland Fraser Anderson, Ill. Cochran Frelinghuysen Andrews, Collins, 111. Frenzel N. Dak. Collins, Tex. Frey Annunzio Conable Froehlich Archer Conlan Fulton Arends Conte Fuqua Armstrong Conyers Gaydos Ashley Corman Gettys Aspin Coughlin Gibbons Batalis Crane Gilman Baker Cronin Ginn Barrett Culver Goldwater Bauman Daniel, Dan Gonzalez Beard Daniel, Robert Goodling Bennett W., Jr. Green, Pa. Bergland Daniels, Gross Bevill Dominick V. Gubser Biaggi Davis, S.C. Gude Biester Davis, Wis. Gunter Bingham de is Garza Guyer Blackburn Delaney Haley Blatnik Delleyback Hamilton Boland Dellums Hammer- Bolling Denholm schmidt Bowen Dennis Hanley Bray Dent Hanna Breaux Derwinski Hanrahan Breckinridge Dickinson Hansen, Idaho Brinkley Diggs Hansen, Wash. Brooks Dingell Harrington Brotzman Dorn Harsha Brown, Mich. Downing Hastings Broyhill, N.C. Drinan Hawkins Broyhill, Va. Dulski Hebert Buchanan Duncan Hechler, W. Va. Burgener du Pont Heinz Burke, Calif. Eckhardt Helstoski Burke, Fla. Edwards, Ala. Henderson Burke, Mass. Edwards, Calif. Hicks Burleson. Tex. Eilberg Hinshaw Burleson, Mo. ErlenbOrn Holt Burton, John Esch Holtzman Burton, Phillip Evans, Colo. Hosmer Butler Fascell Huber Camp Findley Hudnut Carney, Ohio Fish Hungate Carter Flood Hunt Casey, Tex. Flowers Hutchinson Ichord Nedzi Stark Jarman Nelsen Steed Johnso a, Calif. Nichols Steele Johnsd:i, Colo. Nix Steelman Johnso a, Pa. Obey Steiger, Ariz. Jones, eila. O'Brien Steiger, Wis. Jones, Okla. O'Hara Stephens Jones, Tenn. O'Neill Stokes Jordan Owens Stratton Karth Parris Stubblefield Kasten, neier Patman Stuckey Kazen Patten Studds Kemp Pepper Sullivan Ketchum Perkins Symington King Pettis Symms Kluczy] raki Peyser Talcott Koch Pickle Taylor, N.C. Kuyker.dall Pike Teague Kyros Poage Thompson, N.J. Lagom.rsino Powell, Ohio Thomson, Wis, Leggett Preyer Thone Lehman Price, Ill. Thornton Lent Price, Tex. Tiernan Litton Pritchard Traxler Long, La. Quie Treen Long, M d. Quillen Udall Lott Randall Ullman Lujan Rees Van Deerlin McClor7 Regula Vander Jagt McClos ey Reid Vander Veen McCollister Rhodes Vanik McCort tack Riegle Veysey McDade Rinaldo Vigorito McEwen Roberts W aggonner McKay Robinson, Va. Waldie McKinney Roe Walsh Madden Roncalio, Wyo. Wampler Madigan Rooney, Pa. Ware Mahon Rose Whalen Mallary Rosenthal White Mann Roush Whltehurst Martin Nebr. Rousselot Whitten Martin, N.C. Roy Widnall Mathis, Ga. Roybal Wiggins Matsur aga Runnels Williams Mayne Ruth Wilson, Bob Mazzola St Germain Wilson, Melcher Sarasin Charles H., Metcalf e Sarbanes Calif. Mezvin Sky Satterfield Wilson, Michel Scherle Charles, Tex. Milford Schroeder Winn Miller Sebelius Wolff Minish Seiberling Wright Mink Shoup Wyatt Mitche:1, Md. Shriver Wydler Mitchell, N.Y. Shuster Wylie Moakle7 Sikes Yates Moliohrn Sisk Yatron Montgc mery Skubitz Young, Fla. Moorhead, Slack Young, Ga. Calif. Smith, Iowa Young, 111. Morgar Smith, N.Y. Young, S.C. Mosher Snyder Young, Tex.. Moss Spence Zablocki Murphy, Ill. Staggers Zion Murphy, N.Y. Stanton, Zwach Murths. J. William Myers Stanton, Natche James V. NAYS-1 Landgrebe NOT VOTING-76 Alexander Evins, Tenn. Minshall, Ohio Andrews, N.C. Fisher Mizell Ashbro )k Giaimo Moorhead, Pa. Badillo Grasso Pasaman Bell Gray PodeIl Boggs Green, Oreg. Railsback Braden as Griffiths Rangel Brasco Grover Rarick Broomfield Hays Reuss Brown, Calif. Heckler, Mass. Robison Brown, Ohio Hillis Rodino Byron Hogan Rogers Chisholm Jones, N.C, Ruppe Clark Landrum Ryan Donohue Meeds Eshleman Mills So (two-thirds having voted in favor thereof) the rules were suspended and the bill, as amended, was passed. The Clerk announced the follow pairs: Mrs. Boggs with Mrs. Green of Oregon. Mr. Rostenkowski with Mr. Clark. Mr. Macdonald with Mr. Rooney of New Ycrk. Mr. Howard with Mrs. Grasso. Mr. Cotton with Mrs. Griffiths. Mr. Byron with Mr. Collier. Mrs. Chisholm with Mr. Mills. Mr. Donohue with Mr. Davis of Georgia. Mr. Landrum with Mr. Rarick. Mr. Rangel with Mr. Gray. Mr. Moorhead of Pennsylvania with Mr. Ryan. Mr. Shipley with Mt. Chamberlain. Mr: McFall with W. Luken. Mr. Brademas with Mr. Hogan. 'Jr. Badillo with Mr. Maraziti. Mr. Brown of California with Mr. Devine. Mr. Rodino with Mr. Mathias of California. 'Jr. Rogers with Mr. McSpadden. Mr. Reuss with Mr. Minshall of Ohio. Mr. Meeds with Mr. Mizell. Mr. Evans of Tennessee with Mr. Ashbrook. Mr. Giaimo with Mr. Passman. Mr. Carey of New York with.Mr. Eshleman. Mr. Chappell with Mr. Railsback. Mr. Danielson with Mr. Broomfield. Mr. Holifield with Mr. Robison of New York. Mr. Jones of North Carolina with Mr. Ron- ca-lo of New York. Mr. Alexander with Mr: Sandman. Mr. Andrews of North Carolina with Mr. Brown of Ohio. Mr. Del Clawson with Mr. Ruppe. Mr. Cohen with Mr. Grover. Mrs. Heckler of Massachusetts with Mr. Schneebeli. Mr. Horton with Mr. Taylor of Missouri. Mr. Latta with Mr. Towell of Nevada. Mr. Young of. Alaska with Mr. Wyman. The result of the vote announced as above recorded. A motion to reconsider was laid on the table. i'URTHER MESSAGE FROM THE SENATE - A further message from the Senate by Mr. Arrington, one of its clerks, an- nounced that the Senate agrees to the report of the committee on conference on tie disagreeing votes of the two Houses on the amendments of the Senate to the bill (H.R. 14214) entitled "An at to amend the Public Health Service Act and related laws to revise and extend pro- grams of health revenue sharing and health services, and for other purposes." The message also announced that the Senate agrees to the amendment of the .-~ar e4iC1i'ndments of the Senate to a bill of the Senate of the following titles: S. 4016. An act to protect and preserve tape recordings of conversations involving former President Richard M. Nixon and made during his tenure as President, and for other purposes. PROTECTING AND PRESERVING TAPE RECORDINGS INVOLVING FORMER PRESIDENT RICHARD M. NIXON Mr. BRADEMAS. Mr. Speaker, I ask unanimous consent to take from the Approved For Release 2001/11/01 : CIA-RDP76M00527R000700170022-2