FEDERAL EMPLOYEES POLITICAL ACTIVITIES ACT OF 1976

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• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800020024-9
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• Document Page Count: 4
• Document Creation Date: December 9, 2016
• Document Release Date: August 31, 2001
• Sequence Number: 24
• Publication Date: March 11, 1976
• Content Type: OPEN

?IC&&fZR020024-9 March 11, 1976
Presiding Officer dFd Mr. MoRCAN,
?PARKMAN, IYI intTYRE, Mr. GARN,
At the end of the bill add the following
new section:
SEC. . That subsection (a) of section 801
of the Legislative Reorganization Act of 1946
(2 U.S.C. 31) is amended-
(1) by striking out in paragraph (2) "Ef-
fective" and inserting In lieu thereof the fol-
lowing: "Except as provided in paragraph (3)
of this subsection, effective"; and
(2) by adding at the end thereof the fol-
lowing new paragraph:
"(3) (A) If the President transmits to Con-
gress an alternative plan with respect to a
pay adjustment under section 6305(c) (1)
of title 5, United States Code, an adjustment
under paragraph (2) of this subsection shall
become effective as provided in such plan
unless, before the end of the first period of
thirty calendar days of continuous session of
Congress after the date on which the alterna-
tive plan-is transmitted, either House of Con-
gress adopts a resolution (separate from but
in addition to any resolution under section
5305 of title 5, United States Code) disap-
proving the application of such alternative
plan to such adjustment in the annual rates
of pay for the offices referred to in paragraph
(1) of this subsection. The continuity of a
session is broken only by an adjournment of
Congress sine die, and the days on which
either House is not in session because of an
adjournment of more than three days to a
day certain are excluded in the computation
of the thirty-day period. If both Houses of
Congress fail to, pass a resolution within
such thirty day period disapproving the
President's plan under Section 5305 of Title
5, U.S. Code, such plan of the President shall
be applicable to all employees covered by
such plan, including Members of Congress,
and the provisions of this paragraph requir-
ing a separate resolution as to Members of
Congress shall be inapplicable.
"(B) The provisions of section 5305 (d)
through (k) of title 5, United States Code,
shall apply to a resolution of disapproval
under subparagraph (A) of this paragraph:'.
Mr. ALLEN.- Mr. President, this
amendment has reference to the annual
adjustment of the compensation of Fed-
eral employees.
I believe, Mr. President, that this
amendment would do more for the Fed-
eral employees than this entire bill,
which would seek to put the Federal em-
ployees into politics. I do not favor the
bill itself but, if the bill is not passed,
I would like to see this amendment
passed.
As we all recall last year, Congress put
the Members of Congress, House of Rep-
resentatives and Senate, under the com-
pensation provisions applicable to Fed-
eral employees. And under that system
the President's Pay Council recommends
an appropriate increase or adjustment i'1
the compensation of Federal employees,
and the President can allow that recom-
mendation to stand or he can offer an
alternate plan.
Congress in its wisdom put the Mem-
bers of Congress under this very same
plan, and as I argued in the Chamber at
the time it created an instant conflict of
interest on the part of Members of Con-
gress in voting on that issue, because un-
der this plan If the President submits an
alternate plan recommending less than
the Pay Council recommends, that alter-
nate plan goes into effect as to Federal
employees and as to Members of Con-
gress, unless one House or the other in-
side of 30 legislative days passes a resolu-
tion overruling or striking down the
President's Plan.
Last year when the President's plan
was allowed to stand and the lesser
amount was ordered as an increase in
compensation I believe the issue was 8.6
or 5 percent. The 5 percent, as recom-
mended by the President, was allowed
to stand. One of the principal reasons the
President's plan was allowed to stand
was that Members of Congress did not
want to vote for the higher amount for
themselves because there was a conflict
of interest and the Members did not feel
that they should vote the higher amount
for themselves. As a result, the Presi-
dent's plan was allowed to stand. it was
not stricken down.
The purpose of this amendment is to
provide that there will be a separate vote
on this issue as to Members of Congress.
If the President submitted an alternate
plan and a resolution were offered strik-
ing down that plan, there would be sep-
arate votes, first as to all Federal em-
ployees, except Members of Congress,
followed then by a vote on the compen-
sation of the Members of Congress. As a
practical result,, then, even if the Pay
Council recommended one figure and
one house of Congress struck down, the
President's alternate plan, so that the
recommendation of the Pay Council
would go into effect as to Federal em-
ployees, that would not go into effect as
to Members of Congress unless on a sep-
arate vote one house or the other of Con-
gress would strike down the President's
recommendation.
That would remove the conflict of in-
terest on the first vote. I feel that it would
allow this issue to be determined on its
merits, as to whether the pay council's
recommendation would apply or the
President's alternate plan would apply.
There would be no conflict of interest,
because members could vote for the high-
er recommendation of the pay council,
or they could vote for the lower recom-
mendation of the President, without be-
ing involved in a conflict of interest.
Then there would be a separate vote for
themselves.
As a result, we could find the Federal
employees generally receiving the higher
amount and Congress, or one House of
Congress, in its wisdom, saying, "No,
we're going to stick by the President's
plan." That is all the amendment would
do.
I believe this Is something we should do
for the Federal employees, to remove this
conflict of interest. It would mean more
in the long run to the Federal employees
than this whole issue of putting them
back into politics.
I might say, while we are talking about
the bill, that I was very interested in the
remarks of the distinguished junior Sen-
ator from Maryland (Mr. BEALL) who,
together with the Senators from Vir-
ginia, doubtless represents more Fed-
eral employees than possibly any other
Senators, certainly any other Senators
of States of that size. He says that he has
found only a small percentage of Federal
employees who want to be put back into
politics. I think we are.doing a disserv-
ice to the Federal employees by putting
them back into politics.
As to the Hatch Act and the general
thrust of it, it is more or less a quid pro
quo equation-that there would be job se-
curity for Federal employees, but in re-
FEDERAL EMPLOYEES' POLITICAL
ACTIVITIES ACT OF-1975
The Senate continued with the consid-
eration of the bill (H.R. 8617) to restore
to Federal civilian and Postal Service
employees their rights to participate vol-
untarily, as private citizens, in the po-
litical processes of the Nation, to protect
such employes from improper political
solicitations, and for other purposes.
AMENDMENT NO. 1419
Mr. ALLEN. Mr. President, I call up
my amendment No. 1419.
The PRESIDING OFFICER, The
amendment will be stated.
The assistant legislative clerk read as
follows:
The Senator from Alabama (Mr. ALLEN)
proposed amendment No. 1419.
The amendment is as follows:
At the end of the bill add the following
new section:
SEC. , That subsection (a) of section
601 of the Legislative Reorganization Act of
1946 (2 U.S.C. 31) is amended-
(1) by striking out in paragraph (2)
"Effective" and inserting in lieu thereof the
following: "Except as provided in paragraph
(3) of this subsection, effective"; and
(2) by adding at the end thereof the
following new paragraph:
"(8) (A) If the President, transmits to
Congress an alternative plan with respect
to a pay adjustment under section 5305(c)
(1) of title 5, United States Code, an ad-
justment under paragraph (2) of this sub-
section shall become effective as provided
in such plan unless, before the end of the
first period of thirty calendar days of con-
tinuous session of Congress after the date
on which the alternative plan is transmitted,
either House of Congress adopts a resolution
(separate from any resolution under sec-
tion 5305 of title 5, United States Code)
disapproving the application of such al-
ternative plan to such adjustment In the
annual rates of pay for the offices referred
to in paragraph (1) of this subsection. The
continuity of a session is broken only by
an adjournment of Congress sine die, and
the days on which either House is not in
session because of an adjournment of more
than three days to a day certain are ex-
eluded in the computation of the thirty-
day period.
"(B) The provisions of sections 5305 (d)
through (k) of title 5, United States Code,
shall apply to a resolution of disapproval
under subparagraph (A) of this paragraph.".
Mr. ALLEN. Mr. President, I ask
unanimous consent that the distin-
guished Senator from West Virginia (Mr.
RANDOLPH) and the distinguished Sen-
ator from New Hampshire (Mr. DUR-
KIN) be added as cosponsors of this
amendment.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ALLEN. Mr. President, I send to
the desk a modification of the amend-
ment and ask unanimous consent that
the reading of the modification be dis-
pensed with inasmuch as I will explain
the crux of the modification.
The PRESIDING OFFICER. Without
objection, it Is so ordered.
The modification is as follows:
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Mr. FORD. The chairman, the floor
leader, is away from the Chamber.
Mr. FONG. I will make the i motion to
table.
Mr. FORD. Mr. President, I suggest
the absence of a quorum.
Mr. ALLEN. Mr. President, thl?rolicall
has not heard a response.
Mr. FONG. I move to table.
Mr. ALLEN. The Senator from Ala-
bama voted "Aye."
"Che PRESIDING OFFICER. The
clerk has not heard a response, the
Chair will have to rule. The clerk will
call the roll to establish the presence of
a quorum.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. BENTSEN. Mr. President, I ask
unanimous consent that theEorder for,
the quorum call be rescinded..
The PRESIDING OFFICER: Without
objection, it is so ordered.
Mr. BENTSEN. As I understood the
floor manager, and in courtesy to him,
he stated he wanted to move to table.
I want to protect him on that position,
although it is not really in my best
interests at the moment.
Mr. FONG. As a surrogate, Mr. Presi-
dent, I move to table.
I: ask unanimous consent, Mr. Presi-
dent, that the request for a ytra and nay
vote be transferred to this motion.
The PRESIDING. OFFICER. Without
objection, it is so ordered.
The clerk will call the roll an the mo-
tion to table.
The assistant legislative clerk called
the roll.
Mr. ROBERT C. BYRD. I; announce
that the Senator from South Dakota
(Mr. ABOUREZK), the Senator from Idaho
(Mr. CHURCH), the Senator from Mis-
souri (Mr. EASTLAND), the Senator from
Hawaii (Mr. INOUYE), the Senator from
South Dakota (Mr. MCGOVERN), and the
Senator from California (Mr TUNNEY)
are necessarily absent.
I further announce that the Senator
from New Mexico (Mr. MONTC)YA) is ab-
sent on official business.
Mr. GRIFFIN. I announce that the
Senator from Arizona (Mr. GOLDWATER),
the Senator from Nebraska (Mr.
HRUSKA), the Senator from Maryland
(Mr. MATHIAS), the Senator from Idaho
(Mr. McCLURE), and the Senator from
Illinois (Mr. PERCY) are necessarily
absent.
I further announce that the Senator
from Vermont (Mr. STAFFORD) is absent
due to illness in the family.
i[ further announce that, if present and
voting, the Senator from Nebraska (Mr.
HRUSxa) would vote "yea."
The result was announced-yeas 57,
nays 30, as follows:
LRoilcall Vote No. 85 Leg.]
"SEAS--57
Baker
Culver
Glenn
Bartlett
Curtis
Gravel
Beall
Dole
Griffin
Belimon
Dornenici
Hansen
Brock
Durkin
Hartke
Brooke
Eagleton
Haskell
Buckley
Fannin
Hatfield
Burdick
Fong
Hathaway
Cannon
Ford
Hol ngs
Case
Garr
Huddleston
Jackson Moss Stevens
Javits Muakie Stevenson
Kennedy Packwood Stone
Laxalt Pastore Taft
Magnuson Pearson Thurmond
McClellan Pell Tower
McGee Proxmire Williams
McIntyre Scott, Hugh Young
Metcalf Scott,
Mondale William L.
NAYS-30
Allen Hart, Gary Randolph
Bayh Hart, Philip A. Ribicoff
Bentsen Helms Roth
Biden Humphrey Schweiker
bumpers Johnston Sparkman
Xrd, Leahy Stennis
By Robert C. Mansfield Talmadge
Chil b Morgan Weicker
Clark\ Nelson
Cranst i Nunn
NOT VOTING-13
Abourezk Inouye Percy
Church Mathias Stafford
Goldwater McGovern
Hruska Montoya
So the mot n to lay on the table was
Mr. McGEE. r. President, I move to
reconsider the v e by which the motion
to lay on the table as agreed to.
Mr. FORD. I mo to lay that motion
The PRESIDING FFICER (Mr.
HELMS). The bill is o n to further
amendment.
Mr. McGEE. Mr. Preside while Sen-
ators are here, may we h e the yeas
and nays on the Allen ame ent now
The PRESIDING OFFICER:is there
a sufficient second? a.
Mr. McGEE. Does the Senator from
Ohio want a rollcall? ?4
Mr. TAFT. Mr. President, I dd"~ not
want one at this time. I may wisllto
modify my amendment.
Mr. McGEE. May we have the yea %,
and nays on the Scott amendment also?l
The PRESIDING OFFICER. Is there
objection to ordering the yeas and nays
on the Scott amendment and the Allen
amendment with one show of hands?
The Chair hears none, and it is so
ordered.
Is there a sufficient second? There is
a sufficient second.
The yeas and nays were ordered.
Mr. McGEE. Mr. President, may I
ask the majority whip about the pro-
cedure here?
We have agreements worked out so
that there would be an hour to be
equally divided on the Allen amendment,
with the understanding, at least at this
point, that it is going to take less than
half of this time. It is simply a protec-
tive framework; an agreement with
the Senator from Ohio that there will
be a half hotir equally divided, if that
is agreeable. "
Mr. TAFT. Yes.
Mr. McGEE. And I ask Mr. WILLIAM
SCOTT about his amendment.
Mr. WILLIAM L. SCOTT I do not
know how long it will take. Could we
have an hour? I do not think we will take
that much.
Mr. McGEE. And then the Senator
will yield back the remaining time.
So ,here will he an hour on the amend-
ment of Senator WILLIAM L. SCOTT, to
be equally divided, with probably some
of that time yielded back.
Mr. ROBERT C. BYRD. Mr. Presi-
dent, I so ask unanimous consent. .
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ROBERT C. BYRD. Mr. President,
who has the floor?
The PRESIDING OFFICER. The Sen-
atorfrom West Virginia has the floor.
Mr. McGEE. I seized the floor. Anyone
can have it, if they should want it.
Mr. ROBERT C. BYRD. Mr. President,
I compliment the managers of the bill
on both sides for the progress that has
been :made and compliment all Senators,
for that matter. If the Senate completes
action on the pending measure, which
hopefully it will, and all indications are
that it will, and if the Senate also com-
plebe: action on the debt limit measure
today, which is a must before the Senate
goes out tomorrow, I am advised by the
distinguished majority leader that there
will be no session tomorrow. So this
would mean we may have to work a little
late today.
I thank the Senator.
Mr McGEE, Mr. President, I ask
unanimous consent that Martha Weisz
of Senator CRANSTON'S office be granted
privileges of the floor during the remain-
der of consideration of H.R. 8617.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. TAFT. Mr. President, I ask unani-
mous consent that Jane Ellsworth of my
staff have privileges of the floor during
consideration and voting on this bill.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. HARRY F. BYRD, JR. Mr. Presi-
dent, I ask unanimous consent that Miss
Joanne O'Neal of my staff have privi-
leges of the floor during consideration
and voting on. this bill.
The PRESIDING OFFICER. Without
objection, it is so ordered.
BUSINESS
Mr LLEN. Mr. President, I ask the
Chair lay before the Senate a message
from t House of Representatives an S.
The P SIDING OFFICER (Mr.
HELMS) 1 before the Senate the
amendmen f the House of Represent-
ative; to the }ll (S. 2498) to amend the
Small Busines tl Act to transfer certain
disaster relief `inctions of the Small
Business Admini: ration to other Feder-
al agencies, to es lish a National Com-
mission on Small mess in America,
and for other purpo
(The amendments A he House are
printed in the RECD f December 17,
1975, beginning at page 1274:2)
Mr. ALLEN. Mr. Presid t, I move that
the Senate disagree to th Iriendments
of the House on S., 2498 a ask for a
conference with the House n the dis-
agreeing votes of the two Houses there-
on, and that the Chair be authorized to
appoint the conferees on the part of the
Senate.
The motion was agreed to ; and the
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turn for that, they would give up politi- Mr. TAFT. Mr. President, Will the Sen employees and others directly respon-
cal activity. ator yield? sible to Congress. There should be no dis-
So what we are doing here, if this bill . Mr. ALLEN. I yield, tinction, in order that employees do not
becomes law, is knocking out one part of Mr. TAFT. Mr. President, I find my- end up making more money than Sen-
the equation, so that there still is job se- self in agreement with the distinguished ators.
calrity, and that is fine. I approve of that. Senator from Alabama, both as to his Mr. ALLEN, I have seen the perfect-
160 not think we should have the spoils amendment and as to his comments on ing amendment, and-I agree.
system. At the same time, however, I do the bill. Mr. McGEE. Would it be all right if I
not,think we should knock out the other For a couple of years, I have had pro- were to submit itnow?
half of the equation-that is, knock out posed legislation pending, S. 908, which Mr. ALLEN. Yes.
the noninvolvement in politics, ' would take Congress out from under the Mr. McGEE. Mr. President, I send to
So this is not an unmixed blessing for commission procedure entirely, which I the desk the amending language, in
the Federal employees, to be allowed to think would be a better remedy. even order to clarify the point that is already
go into politics. Surely, the present Hatch than the proposed amendment. At least, in the Senator's amendment. I can ex-
Act does put a curb on activities of Fed- the amendment would go halfway in the plain. this, in order, to help the clerks of
eral employees; but it also protects Fed- right direction of eliminating the con- the Senate figure out what I mean.
eral employees from unnecessary political flict of interest involved. What it would All this does 3s list the exemptions
harassment. not do, however, In my opinion, would under the other procedure, so as to say
I believe that the Federal employees be to put down clearly enough what I that no employee of this body or anyone
benefit by the, present system, and I do think is the responsibility of Congress to appointed by this body can receive higher
not think it is right to force them into set its own salaries and tell the public salaries than are received by Members of
politics and subject them to harassment they think they are worth that amount. .this body. That Is all this amendment
by other Federal officials who are turned The Senator has a good point. I hope does.
loose In the political arena. So I think we that at some time we will have hearings The point is that even though other
are doing a disservice to Federal em- on the. proposed legislation that I men- salaries in the Federal Government may
ployees. tioned previously to the distinguished go higher under the other formula which
A large percentage of the mail I have chairman on the floor a number of times, exists, this could not happen within the
received on this subject from Federal to take us out from under this commis- context of the two legislative bodies. The
employees has been in opposition to any sion situation entirely, to see if we can object is simply to make the language
change. muster enough support and receive consistent with the intent. We do not
The distinguished floor manager of the enough understanding on the 'part of want any ambiguity.
bill refers to this as bringing the Hatch Members and the public to face up to Mr. ALLEN. I accept that.
Act up to date. I do not believe it needs this matter in the way we should. The PRESIDING OFFICER. Is the
to be brought up to date, if It means Mr. ALLEN. I agree entirely with the Senator submitting this as a modifica-
turning 3 million Federal employees out distinguished Senator from Ohio. It is tion?
on the political hustings. I believe we are only half a loaf. I would like to have the Mr. McGEE. It is a modification to the
going to protect the Federal employees Members of Congress Out from under Senator's amendment. He is willing to
best if we leave them protected from po- the salary adjustment provision for Fed- accept it.
litical activity. I believe that is the way eral employees. This is not an effort to
to protect the Federal employees, while do that. I know that at this time we Mr. ALLEN. Yes, I sthel modify
amendment
the bill is under consideration. If it could not pass that proposal. At the ap- othe disamendment to include at amend
from Wyn
should happen to pass and escape a veto, propriate time, I will be happy to join mirage distinguished Senator from Wyo-
which I am skeptical of, and In case the the Senator from Ohio in attempting to The PRESIDING OFFICER. Without
veto should be overridden, and I am take the Members of Congress out from objection, it Is so ordered.
skeptical of that, I feel that we also under the Oommisaion. The amendment was modified as fol-
should change the procedure on the ad- Mr. McGEE. Mr. President, will the lows:
justment of compensation, so that they Senator yield?
would have a fair chance and a fair break - Mr. ALLEN. I yield. tion" On
inl lieu ieu out "These follow-
and insert line 1,
on the adjustment of their compensation, Mr. McGEE. I do not want to interfere hereof the follow-
ing: "(a) Subsection".
Mr. FONG. Mr. President, will the with the Senator from Alabama. I am On page 2, Immediately after line 20, insert
Senator yield for a question? supporting his amendment but not the the following:
Mr. ALLEN. I yield. -ad hoc remarks he has been making (b) Notwithstanding any other provision
Mr. FONG. If the President says, "We about the bill. I think his amendment of law, the rate of pay of-
will give them 5 percent." and the pay has substantive quality. However, I be- (1) any officer or employee of the Senate or
board says, "We should give them 8 per- lieve our language may be causing some the House of Representatives or of the
cent," and we do nothing, there is no confusion. Congress,
vote. Is that correct? (he Comptroller General the United
The committee, in the refinement of statettes, the Deputy Comptroller r General of
Mr. ALLEN. There is no vote on either the pay mechanism, distinguished be- the United States, the General Counsel of
issue. tween cost-of-living adjustments and the United States General Accounting Office,
Mr, FONG. But if we say that we dis- salary adjustments. We already have a and any other officer or employee of the
agree with the President, then we will salary adjustment process. In the Past, United States General Accounting Office,
(3) tAe Librarian of Congress, the have to vote on that question, n, and that these adjustments have occurred at ir- Librarian of Congress, and any therpofficer
means that the 8 percent will go into regular intervals. The corrective legis-
effect? or employee of the Library of Congress,
Mr. ALLEN. Eight percent would go lation that we put in after the salary ad- (4) the Architect of the Capitol, the
in effect as Federal employees. Then justment approach failed, was intended Assistant Architect of the Capitol, and any
into to to tie the process to the cost of living. other officer or employee of the Office of
there effect
would a be a separate vote as to
n a We think it is important that both of Architect of the Capitol,
Mr. FONG. To see whether we keep these adjustments not be addressed in Printer, and any other officer, orwemployeelof
the 8 percent or 5 percent? the same context. They are two different the Government Printing Office,
things. why believe Mr. ALLEN. That is correct. So we torsamendm amendment al input re- Budget Office, the Deputy Directoreofothe
could have a situation in which the Fed- garding the refinement of the cost-of- Congressional Budget Office, and any other
eral employees would receive the In- living mechanism and yet it also keeps officer or employee of the Congressional
crease and the Members of Congress Congress responsible. For that reason I Budget Office,
would not. But, conversely, we could not am going to recommend that his amend- (7) the Director of the Office of Tech-
have the other situation, in which Mem- ment be supported. -nology Assessment and any other officer or
bers of Congress would receive the in- At the appropriate time, I should like anent and of the Office of Technology Asses-
crease and the Federal employees would to submit the amending language which (8) any officer and employee of the
not. simply makes it clear that our action ap- Botanic Garden, shall not exceed the rate of
Mr. FONG. I thank the Senator. plies to Congress as well as legislative pay for a Member of Congress.
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CONGRESSIONAL RECORD --SENATE March 11, .1976
Mr. ALLEN. Mr. President, I have al-
ready requested that the distinguished
Senator from New Hampshire (Mr.
added as a cosponsor. I also
) b
e
uRKIN
D
ask unanimous consent that the distin-
guished Senator from North Carolina
(Mr. HELMS) be added as a cosponsor.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. McGEE. May I say the Senator
has strange bedfellows in support of his
amendment. That attests !to its quality.
Mr. ALLEN. I do not know that the
distinguished Senator from New Hamp-
shire would like me to recall his first vote
in the Senate. I remember it quite well
because I took quite an interest in this
New Hampshire matter and ditl the dis-
tinguished Senator from New Hampshire
a great favor here, some months ago,
when I helped send that election back
to the people of New Hampshire to de-
cide that issue. They decided it in no un-
certain terms.
I remember very distinctly the distin-
guished Senator's first vote in the Sen-
ate. He voted to sustain the President's
alternate plan. I believe he would like
to have voted to give the Federal em-
ployees the full. 8.6 percent, but he did
not want to vote for the,` maximum in-
crease for himself. So in a very states-
manlike fashion, he voted in favor of
the President's plan-that is, against
overruling.:[ hope that the distinguished
Senator from New Hampshire will take
the type of vote that he cast on that is-
sue, and apply that same reasoning to
other votes that he is going to cast in
the Senate during his 6-year term-or
much longer, for that matter.
Mr. TAFT. Will .the distinguished
Senator from. Wyoming, yield to me a
couple of minutes' time? :
Mr. McGEE. I shall be glad to yield a
couple of minutes to the distinguished
Senator, on. either side.
Mr. TAFT. I thank the distinguished
Senator. It is not on either side.
I merely wish to say with regard to
the,remarks of the distinguished Senator
from Wyoming about the cost of living
aspect of the problem that I fully under-
stand that. I wish to say that insofar
as salary matters are concerned, partic-
ularly our own salaries, if my constitu-
ents are any gauge of a course that we
ought to follow they directly tie pretty
NOT VOTING-17
cure k
Hruska
Ribicoff
CLurch
Inouye
Stafford
ranston
C
McClure
Symington
sttana
McGovern
Tenney
Montoya _
Young
recording its vote in favor of the amend- So Mr. ALLEN'S amendment (No. 1419),
The PRESIDING OFFICER. All time Mr. McGEE. Mr. President, I move to
having been yielded back, the question reconsider the vote by which the amend-
is on agreeing to the amendment of the ment was agreed to.
Senator from Alabama as modified. The Mr. FONG. I move to lay that on the
yeas and nays have been ordered. The* to ble.
clerk will call the roll. The motion to lay on the table was
The legislative clerk called the roll. a. reed to.
Mr. ROBERT C.. BYRD. I announce The PRESIDING OFFICER. The bill
that the Senator from South Dakota (Mr. Is open to further amendment.
ABouREzx), the Senator from Idaho (Mr. ' Mr. McGEE. Mr. President, if I may
CHURCH), the Senator from California have 1 minute before we turn to the
(Mr. CRANSTON), the Senator from Mis- amendment of the Senator from Ohio,
sissippi, (Mr. EASTLAND), the Senator I inadvertently violated an agreement
from Alaska (Mr. GRAVEL), the Senator b=cause I was busy doing something else
from Hawaii (Mr. INOUYE), the Senator dt the time.
from South Dakota (Mr. MCGOVERN), We are accepting an amendment by
the Senator from Connecticut (Mr. the Senator from Florida, It is a lan-
RIBICOFF), the Senator from Missouri guage clarification amendment. We are
(Mr. SYMINGTON), and the Senator from willing to accept that.
California (Mr. TUNNEY) are necessarily Mr. STONE. Mr. President, I call up
absent. my amendment, which is at the desk.
I further announce that the Senator The PRESIDING OFFICER. The
from New Mexico (Mr. MONTOYA) is ab- amendment will be stated.
sent on official business. The legislative clerk read as follows:
I further announce that, if present and The Senator from Florida (Mr. STONE)
voting, the Senator from California (Mr. proposes an amendment.
CRANSTON) would vote "Yea".
I further announce that, if present and The amendment is as follows :
voting the Senator from Connecticut on pager :19, beginning on line 18, strike
(Mr. RIBIcosF) would vote "nay". out all through page 20, line 7, and insert
Mr. GRIFFIN. I announce that the In lieu thereof the following:
Senator from Arizona (Mr. GOLDWATER), a 7329. Penalties
the Senator from Nebraska (Mr. "(a) Subject of this accordance with
employee who
HRUSKA), the Senator from Idaho (Mr. P"
MCCLURE), the Senator from Illinois Is found to have violated any provision of-
(Mr. PERCY), the Senator from North "(I) section 7323 of this title shall, upon
necessarily n final order of the Commission, be sus-
Dakota (Mr. YOUNG) are pended without pay from such employee's
absent. position for a period not less than ninety
I further announce that the Senator days, or shall be permanently removed in
from Vermont (Mr. STAFFORD) is absent which event that employee may not there-
due to illness in the family. itfter hold any position (other than an
employee (as defined
elected position)
):
I further announce that, if present and in section 7322(l) as of this his title):
voting, the Senator from Arizona (Mr. "(2) section 7324 or 7325 of this title
GOLDWATER) would vote "yea." rhall, upon a final order of the Commission,
The result was announced-yeas 69, be-
nays 14, as follows: "(A) removed from such employee's posi-
`ion, in which event that employee may not
[Rollcall Vote No. 66 Leg.] hereafter hold any position. (other than an
Allen
Ford
Mondale
Baker
Gern
Moss
Bartlett
Glenn
Muskie
Beall
Griffin
Nelson
Beilmon
Hansen
Nunn
Bentsen
Hart, Gary
Pastore
Biden
Hart, Philip A,
Pearson
Brock
Hartke
Pen
Brooke
Haskell
Proxmire
Bumpers
Helms
Randolph
Burdick
Hollings
Roth
Byrd, Huddleston
Schweiker
Harry F., Jr.- Humphrey
Scott, Hugh
Byrd, Robert C. Jackson
Sparkman
Cannon
Johnston
Stevenson
Chiles
Kennedy
Stone
Culver
Laxalt
Taft
Curtis
Leahy
Talmadge
Dole
Long
Thurmond
Domenici
Magnuson
Tower
Durkin
Mansfield
Weicker
Eagleton
McClellan
Williams
Fannin
McGee
Fong
Metcalf
NAYS-14
Bayh
Hathaway
Packwood
Buckley
Javits
Scott.
Case
Mathias
William L.
Clark
McIntyre
Stennis
Hatfield
Morgan
Stevens
elected position) as an employee (as defined
xn section 7322(1) of this title) for such
period as the Commission may prescribe;
"(B) suspended without pay from such
employee's position for such period as the
Commission may prescribe; or
"(C) disciplined in such other manner as
the Commission shall deem appropriate.".
Mr. STONE.. Mr. President, the Federal
Employees' Political Activities Act, H.R.
8617, seeks to give Federal employees the
fullest possible right to participate in
the American political process. It at-
tempts to strike a fairer balance: between
the individual rights of 3 million citizens
in Government service and the need of
the Federal Government to have impar-
tial, nonpartisan administration of its
programs.
much what does happen to the cost of
living with what we ought to do about
setting our own salaries; When the cost
of living goes up, some of them feel even
more strongly that we should not be
raising our own salaries, and the case
would be on the other side.
Mr. ALLEN. Mr. President, I yield back
the remainder of my time.
Mr. McGEE. We have nothing more
to add here.
Mr. FONG. I yield back my time.
Mr. McGEE. I yield back my time, so
we may proceed to vote:on the Senator's
amendment.
May I say that a vote of "aye" accepts
the adjustment in the cost of living for-
mula so that the Senate, in the event of
disagreement with the President's rec-
ommendation, would then be required
to cast two separate votes: one increas-
While this bill goes a long way toward
achieving its stated goals, I believe that
there is one serious flaw in it which needs
to be remedied. That flaw is the lack of
any mandatory penalty for the use of
official authority to affect the result of
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