ADDITIONAL COSPONSORS AND PROPOSED HEARINGS ON S. 2224 A BILL TO AMEND THE NATIONAL SECURITY ACT OF 1947, AS AMENDED

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• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP73B00296R000200050002-3
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• Publication Date: August 6, 1971
• Content Type: OPEN

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Augu 6, 1971 CONGRESSIONAL RECORD ? sLIN
be respected in any incomes poliCy. However,
the evolution (or the failure to evolve) of
the guideposts placed too much stress on
economic rationality as opposed to work-
ability and acceptance. For example, it was
no doubt a mistake to have continued to
insist on guideposts which were consistent
only with complete stability of the price level
at a time when prices had already begun to
rise more than nominally.
3. The guideposts?on more broadly, the
intervention through public and private per-
suasion?had a noticeable and useful impact
on wages and prices, even during the period
1966-68 when demand-management policy
was inappropriate and highly inflationary.
There was (in this writer's judgment) no
damage to the allocation of resources, nor ap-
preciable inequity?both of which were fre-
quently charged.
4. Locating the administration of the
guideposts and related interventions pri-
marily in the Council of Economic Advisers
was not ideal. To be sure, since the policy
was voluntary, it benefited from a close as-
sociation with the prestige of the Presidency
and from the President's personal interven-
tion at a few crucial points. Neither the Sec-
retary of Labor nor of Commerce would have
been a suitable administrator, given his of
flee, and, in any case, the incumbents dur-
ing most of the period were not supporters of
the policy. A merger of the two Departments,
or the Cabinet reorganization proposed by
President Nixon, would provide a more suit-
able office in the future.
5. Given the seriousness of the problem
and the inherent limitations of a purely vol-
untary policy, the author favours the estab-
lishment, by legislation, of a Price-Wage Re-
view Board, with limited powers (a) to re-
quire prior notice of wage and price changes,
(b) to suspend such changes for a limited
period, (c) to investigate them (including
power to compel testimony), and (d) to re-
port to the public with recommendations.'
The Board should be authorized to study and
recommend?and possibly even be given lim-
ited powers of control?with respect to cer-
tain features of price-setting or of wage eon-
traets (e.g., the conditions under which esca-
lator clauses could be used), or to certain
trade or employment practices that tended
to raise costs or reduce competition. It would
not, however, have power ultimately to limit
or control any price or wage.
6. The President (but not the Wage-Price
Review Board) should, have aft all times
standby, authority for the compulsory control
of wages and prices, wholly or in any part,
with the requirement that any use of this
authority be reviewed by the Congress under
a procedure which would permit a Congres-
sional veto of the President's action.
'7. To the maximum extent possible, the
existence of a price-incomes policy (although
not, obviously, the details of the policy)
should cease to be considered a partisan issue,
but rather come to be regarded as a regular
and permanent aspect of the U.S. stabiliza-
tion system.
8. A well-developed incomes policy should
be In place and working before the U.S. econ-
omy next returns to the zone of full em-
ployment.
ORDER OF BUSINESS
The ACTING PRESIDENT pro tern-
Pore. At this time, the Chair recognizes
the distinguished junior Senator from
-1 The author made recommendations along
these lines as early as 1958. See his paper in
The Relationship of Prices to Economic Sta-
bility and Growth, (Compendium of Papers
Submitted by Panelists appearing before the
Joint Economic Committee), 31 March 1958
(U.S. Government Printing Office), pp. 634-6
and passim.
Florida (Mr. CHILES) , for not to exceed
15 minutes.
(The remarks of Mr. CHILES when he
introduced S. 2458 are printed in the
RECORD under Statements on Introduced
Bills and Joint Resolutions.)
ORDER OF BUSINESS
The ACTING PRESIDENT pro tern-
pore. At this time, in accordance with the
Previous order, the Chair recognizes the
distinguished senior Senator from Ken-
tucky (Mr. COOPER) for not to exceed 15
miuutes.
ADDITIONAL COSPONSORS AND
PROPOSED HEARINGS ON S. 2224,
A BILL TO AMEND THE NATIONAL
SECURITY ACT OF 1947, AS
AMENDED
Mr. COOPER. Mr. President, I ask
unanimous consent that Senators BAYH,
BROOKE, CASE, EAGLETON, HARRIS, HART,
HATFIELD, HUGHES, HUMPHREY, J AVITS,
MATHIAS, MCGOVERN, PACKWOOD, PELL,
RIBICOFF, ROTH, SCHWEIKER, STEVENSON,
CT
2224, a Dill to amend the National Secu-
rity Act of 1947, as amended, to keep the
Congress better informed on matters re-
lating to foreign policy and national se-
curity by providing it with intelligence
information obtained by the Central In-
telligence Agency and with analysis of
such information by such agency.
The PRESIDING OFFICER (Mr.
CHILES). Without objection, it is so or-
dere
r. COOPER. Mr. President, the dis-
inguished chairman of the Foreign Re-
lations Committee has approved my re-
quest to hold hearings after the recess on
the bill. It is my expectation that among
those who will testify are a number of
former and present officials experienced
in the field of intelligence and the anal-
ysis of facts obtained by the intelligen
Ir=rft-o ucing the bill on July 7, I said
that the facts and analyses of intelligence
collected by the CIA and made available
by law to the executive branch under the
National Security Act of 1947 should by
law be made available to the Congress.
A chief purpose of the hearings is to
establish that the best iatelligence must
be made available to the appropriate
committees of the Congress and through
them to the Congress as the Congress
make determinations respecting legis-
lative authority and funding of policies
and programs of the executive branch,
in the field of foreign policy and secu-
rity. It will also be the purpose of the
hearings to consider proposals for estab-
lishing guidelines in matters of classi-
fication and declassification and in es-
tablishing for the Congress effective sec-
urity procedures so that the material to
the Congress would be responsibly used.
When the Senate returns from its re-
cess in September, it is my intention to
state in more detail the kinds of informa-
tion that should be available to the Con-
gress and to outline suggestions as to the
way the appropriate committees would
maintain security for the documents
made available to the Congress.
ILLIAM
? ' I
S 13473
It is my firm belief that this bill pro-
vides an effective and straightforward
way?and I might say, legal way?based
upon the sound precedent of the law
which created the Joint Atomic Energy
Committee and specified the duties of
the Executive branch to keep; that Com-
mittee fully and currently informed, for
the Congress to better carry out its re-
sponsibilities. It is a way to insure that
the decisions made by the government
of this country?both the executive and
the legislative?on foreign policy and na-
tional security will be the result of the
consideration of the best information
obtainable.
I ask unanimous consent that my
statement of July. 7, 1971, be printed in
the RECORD.
There being no objection, the state-
ment was ordered to be printed in the
RECORD, as follows:
From the CONGRESSIONAL RECORD, July 7,
1971
By Mr. COOPER:
S. 2224. A bill to amend the National Secu-
rity Act of 1947, as amended, to keep the
Congress better informed on matters relating
to foreign policy and national security by
providing it with intelligence information
obtained by the Central Intelligence Agency
and with analysis of such information by
such agency. Referred jointly to the Com-
mittees on Armed Services and Foreign Rela-
tions, by unanimous consent.
? Mr. COOPER. Mr. President, the formulation
of sound foreign policy and national security
policy requires that the best and most ac-
curate intelligence obtainable be provided to
the legislative as well as the executive branch
of our Government. The approval by the
Congress of foreign policy and national se-
curity policy, which are bpund together,
whose support involves vast amounts of
money, the deployment of weapons whose
purpose is to deter war, yet can destroy all
life on earth, the stationing of American
troops in other countries and their use in
combat, and binding commitments to for-
eign nations, should only be given upon the
best information available to both the execu-
tive and legislative branches.
There has been much debate during the
past several years concerning the respec-
tive powers of the Congress and the Execu-
tive in the formulation of foreign policy
and national security policy and the author-
ity to commit our Armed Forces to war. We
have experienced, unfortunately, confronta-
tion between the two branches of our Gov-
ernment. It is my belief that if both
branches, executive and legislative, have ac-
cess to the same intelligence necessary for
such fateful decisions, the working relation-
ship between the Executive and the Congress
would be, on the whole, more harmonious
and more conducive to the national inter-
est. It would assure a common understand-
ing of the purposes and merits of policies.
It is of the greatest importance to the sup-
port and trust of the people. It is of the
greatest importance to the maintenance of
our system of government, with its separate
branches held so tenuously together by trust
and reason.
It is reasonable, I submit, to contend that
the Congress, which must make its decisions
upon foreign and security policy, which is
called upon to commit the resources of the
Nation, material and human, should have all
the information and intelligence available to
discharge properly and morally its responsi-
bilities to our Government and the people.
I send to the table a bill amending the
National Security Act of 1947, which, I hope,
would make it possible for the legislative
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CONGRESSIONAL RECORD ?SENATE /Curt4 /I', /974
Ice to better carry out its responsibilities.
ead the amendment at this point:
1:0 amend the National Security Act of
,as emended, to keep the Congress better
ettirmed on matters relating to foreign
ev and national security by providing it
i. intent Fence information obtained by the
,ral ineelligence Agency and with aunty-
L4 it such information by such agency.
?eat eestsion 192 of the National Security
ce. 1947 as amended (50 U.S.C. 403). is
emeetted by adding at the end thereof the
- dewing new subsections-.
" eel It ;shall also be 1,he duty of the
neei cy to inform fully and currently, by
is of regular and special reports to. and
:if SITS Of special reports in response to
-sets made bv. the Committees on Armed
and Foreign Affairs of the House of
esentatives and the Committees on
.td Services find Foreign Relations of the
seetete regardine intelligence information
eelleeted by the Agency concerning the rela-
4,1)11!- of the United States to foreign coun-
s and matters of national security
mding full and current analysis by the
of such information.
) Any intelligence information and
analysis thereof made available to any
C TErnioittee of the Congress pursuant to sub-
eseelen (g) of this section shall be made
available by such committee, in accordance
eine such rules as such committee may es-
t:MINI), to any member of the Congress who
see =les et such information and analysis,
iletin information and analysis shall also be
made available by any such committee, in
R 'Cc on4nce with such rules as such commit-
tee may establish, to any officer or employee
Ile House of Representatives or the Sens
ne who has been (1) designated by a Mem-
Seer et Congress to have access to such
eitormaxion and analysis, and (2) deter-
tiered by the committee concerned to have
necessary eeettrity clearance for such
Recess.' "
-else bill would, as a matter of law, make
eestleble to the Congress, through its appro-
de committees, the same intelligence,
cssminnorts, facts. and analyses that are now
enaileble to the executive branch. At the
esent time, the intelligence information
S -iii er,a.lyses developed by the CIA and other
teeigenee agencies of the Government are
;,aLti,ble only to the executive as a matter
4-0' law. This bill would not, in any way. affect
Ito activities of the CIA, its sources or meth-
a, nor would it diminish in any respect
he authority of already existing committees
1 aversight groups, which supervise the
.,:..stiigeneel collection activities of the Gov-
-, ineerce, My bill is concerned only with the
'idaesolt?the facts and analyses of facts.
T'ti Ail& of course, in no way inhibit the
ii v ty the Congress of analyses and infor-
eeii cien. from sources outside the Govern-
It Is obvious that; with the addition
ro- intelligence facts and their analyses, the
eiesees would be in a much better position
tudemente from a much more in-
eet and broader perspective than is now
i'- 1)1?.
1,2 Natic,cal Security Act of 1947 marked
rodjor reorganization of the executive
isadaii This reoreartization made It possible
tile executive branch to assume more
et:lively the responsibilities of the United
fess,o W011d affairs and the maintenance
own national security. The National
.i,t,Urity Act of 1947 created the Department
loose and the unified services as we now
to-a them.
non 102 of the National Security At
1,417, established the Central Intelligence
-A-a.,tcy under a Director and Deputy Direc-
e r_ ppointed by the President. by and with
e Once and consent of the Senate. Under
:s - 1% t.,..:t.Jon of the National Security Conn-
was directed to advise the National
it ity Colman on matters relating to na-
iurity and "to correlate and evaluate
intelligence relating to national security, and
provide for the appropriate dissemination of
such intelligence within the Government
using where appropriate existing agencies
anti facilities."
The language dews not specifically bar the
dissemination of intelligence to the Con-
gress, but it does not provide that Congress
slutli be informed as a Matter of law.
I ask unanimous consort that "Title
Coordination for National Security," sections
101 and 102, be printed in the RECORD at
this point in my remarks.
TITLE I?COORDINATION FOR NATIONAL,
SECURITY
NATIONAL SECURITY COUNCIL
101. (a) There is hereby established
a council to be known as the National Secu-
rity Council (hereinafter in this section re-
fened to as the "Council").
The President of the United States shall
preeide over meetings of the Council: Pro-
vided, That in his absence he May designate
a oteinber of the Council to preside in his
piac 0.
'Itie function of the Council shall be to
-advise the President with respect to the inte-
glee:ion of domestic, foreign, and military
iodlicioe relating to the national security so
as to enable the military services and the
other departments and agencies of the Gov-
ernment to cooperate more effectively in mat-
ters involving the national security.
Tac Council shall be composed of the Pres-
:Meet; the Secretary of State; the Secretary
ci Deiense, appointed under section 202; the
Secietary of the Army, referred to in sec-
tion 205; the Secretary of the Navy; the Sec-
retary of the Air Force, appointed under sec-
tion 207; the Chairman of the National Se-
euney Resources Board, appointed under sec-
tion 103; and such of the following named
officers as the President may designate from
time to time: The Secretaries of the execu-
tive departments, the Chairman of the Muni-
tions Board appointed under section 213, and
the Chairman of the Research and Develop-
incite Board appointed under section 214; but
no such additional member shall be desig-
nated until the advice and consent of the
Senate' has been given to his appointment to
the office the holding of which authorizes
his designation as a member of the Council.
(in In addition to performing such other
,functions as the President may direct, for
the purpose of more effectively coordinating
the policies and functions of the departments
and agencies of the Government relating to
the :national security, it shall, subject to the
direction of the President, be the duty of
the Council?
(1) to assess and appraise the objectives.
conemements, and risks of the Unted States
in relation to our actual and potential mili-
tary power, in the interest of national secu-
rity, for the purpose of making recommends-
hone to the President in connection there-
with; and
(2) to consider policies on matters of com-
mon interest to the departments and agen-
cies of the Government concerned with the
national security, and to make recommenda-
tions to the President in connection there-
with.
(c 1 The Council shall have a staff to be
headed by a civilian executive secretary who
Shall be appointed by the President, and who
shall receive compensation at the rate of
810e00 a year. The executive secretary, sub-
ject to the direction of the Council, is hereby
authorized, subject to the civil-service laws
and the Classification Act of 1923, as
amended, to appoint and :ex the compensa-
tion or such personnel as may be necessary
to perform such duties as may be prescribed
by the Council in connection with the per-
formanee of its functions.
(d) The Council shall, from time to time,
make such recomMen.dations, and such other
reports to the President as it seems appro-
priate or as the President may require.
CENTRAL INTELLIGENCE AGENCY
SIC. 102. (a) There is hereby established
under the National Security Council a Cen-
tral Intelligence Agency With a Director of
Central Intelligence, who shall be head there-
of. The Director shall be appointed by the
President, by and with the advice and con-
sent of the Senate, from among the commis-
cloned officers of the armed services or from
among individuals hi civilian life. The Di-
rector shall receive compensation at the rate
of 814,000 a year.
(b) (1) If a commissioned officer of the
armed services is appointed as Director
then?
(A) in the performance of his duties as
Director, he shall be subject to no super-
vision, control, restriction, or prohibition
(military or otherwise) other than would be
operative with respect to him if he were a
civilian in no way connected with the De-
partment of the Army, the Department of the
Navy, the Department of the Air Force, or the
armed services or any component thereof:
and
(B) he shall not possess or exercise any
supervision, control, powers, or functions
(other than such as he possesses, or is au-
thorized or directed to exercise, as Director)
with respect to the armed services or any
component thereof, the Department of the
Army, the Department of the Navy, or the
Department of the Air Force, or any branch,
bureau, unit or division thereof, or with re-
spect to any of the personnel (military or
civilian) of any of the foregoing.
(2) Except as provided in paragraph (1),
the appointment of the office of Director of a
commissioned officer of the armed services.
and his acceptance of and service in such of-
fice, shall in no way affect any status, office.
rank, or grade he may occupy or hold in the
armed services, or any emolument, perquisite,
right, privilege, or benefit incident to or aris-
ing out of any such status, office, rank, or
grade. Any such commissioned officer shall
while serving in the office of Director, receive
the military pay and allowances (active or
retired, as the case may bel payable to a
commissioned officer of his grade and length
of service and shall be paid, from any funds
available to defray the expenses of the
Agency, annual compensation at a rate equal
to the amount by which 814,000 exceeds the
amount of his annual military pay and al-
lowances,
(c) Notwithstanding the provisions of sec-
tion 6 of the Act of August 24, 1942 (37 Stat.
555), or the provisions of any other law, the
Director of Central Intelligence may, in his
discretion, terminate the employment of any
officer or employee of the Agency whenever
he shall deem such termination necessary
or advisable in the interests of the United
States, but such termination shall not affect
the right of such officer or employee to seek
or accept employment in any other depart-
ment or agency of the Government if de-
clared eligible for such employment by the
United States Civil Service Commission.
(d) For the purpose of coordinatine the
Intelligence activities of the several Govern-
ment departments and agencies in the in-
terest of national security, it shall be the
duty of the Agency, under the direction of
the National Security Council--
(1) to advise the National Security Council
in matters concerning such intelligence ac-
tivities of the Government dePartments and
agencies as related to national security:
(2) to make recommendations to the Na-
tional Security Council for the coordination
of such intelligence activities of the depart-
ments and agencies of the Government as
relate to the national security:
(3) to correlate and evaluate intelligence
relating to the national security, and provide
for the appropriate dissemination of such
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Augustt, 1971 CONGRESSIONAL RECORD ?SENATE
intelligence within the Government using
where appropriate existing agencies and fa-
cilities: Provided, That the Agency shall have
no police, subpena, law-enforcement powers,
or internal-security functions: Provided
further, That the departments and other
agencies of the Government shall continue
to collect, evaluate, correlate, and dissemi-
nate departmental intelligence: And pro-
vided further, That the Director of Central
Intelligence shall be responsible for protect?
ing intelligence sourees and methods from
unauthorized disclosure;
(4) to perform, for the benefit of the exist-
ing intelligence agencies, such additional
services of common concern as the National
Security Council determines can be more
efficiently accomplished centrally;
(6) to perform such other functions and
duties related to intelligence affecting the
national security as the National Security
Council may from time to time direct.
(e) To the extent recommended by the
National Security Council and approved by
the President, such intelligence of the de-
partments and agencies of the Government,
except as hereinafter provided, relating to
the national security shall be open to the
inspection of the Director of Central Intel-
ligence, and such intelligence as relates to
the national security and is possessed by
such departments and other agencies of the
Government, except as hereinafter provided,
shall be made available to the Director of
Central Intelligence for correlation, evalua-
tion, and dissemination: Provided, however,
That upon the written request of the Direc-
tor of Central Intelligence, the Director of
the Federal Bureau of Investigation shall
make available to the Director of Central In-
telligence such information for correlation,
evaluation, and dissemination as may be es-
sential to the national security.
(f) Effective when the Director first ap-
pointed under subsection (a) has taken of-
flee?
(1) the National Intelligence Authority
(11 Fed. Reg. 1337, 1339, February 5, 1946)
shall cease to exist; and
(2) the personnel, property, and records of
the Central Intelligence Group are trans-
ferred to the Central Intelligence Agency,
and such Group shall cease to exist. Any un-
expended balances of appropriations, &no-
tations, or other funds available or author-
ized to be made available for such Group
shall be available and shall be authorized to
be made available in like manner for ex-
penditure by the Agency.
Mr. COOPER. The Congress has yet to fully
organize itself to meet its responsibilities for
foreign policy and national security. By fol-
lowing the general pattern taken by the ex-
ecutive branch in the National Security Act
of 1947, the bill would enable the Congress to
be better able to share with the executive its
constitutional responsibilities in the making
of our national security policies?policies for
national security founded upon a proper or-
dering of priorities between our domestic and
foreign policy needs.
The question of the security of classified
information is important. To nieet this is-
sue, under my proposed bill, legislators and
those members of Senate and congressional
staffs working on national security matters
would be subject to similar security require-
ments as those levied on the executive. Mem-
bers of the Legislative branch should have
the responsibility to maintain security as
well as access to intelligence.
In this way, by making the best intelli-
gence information available to both the legis-
lative and the executive, the respective capa-
bilities for reasoned judgments of both
branches of Government, deemed so neces-
sary by the framers of the Constitution to
prevent authoriarian rule by either branch,
can be strengthened. Experience has under-
lined this necessary provision for the legisla-
ture to meet its oonstitutional responsibili-
ties.
In the Nation's interest it will make basic
intelligence required for sound national se-
curity policy available to both the executive
and the legislative, and it will do much to
strengthen the balance of responsibility for
foreign and security policy formulation be-
tween the two branches. It will help, I be-
lieve, to correct the present imbalances in
our governmental structure and be of great
assistance in developing the best possible
foreign and national security policies. The
bill does not touch directly upon the difficult
constitutional questions which have recently
been under consideration by the United
States Supreme Court but, indirectly, if en-
acted into law, it would result, I believe, in
much declassification of information for the
Congress and the public as a whole.
At this point, I would interpolate that
some members of the Supreme Court, in
their separa,te opinions, pointed out that it
was the responsibility of Congress to legislate
in this field, and to provide standards. I think
this measure follows that suggestion.
I ask unanimous consent that this bill be
referred jointly to the Committees on For-
eign Relations and Armed Services.
The ACTING PRESIDENT pro tempore (Mr,
ALLEN) Without objection, it is so ordered.
Mr. SYMINGTON. Mt President, will the
,Senator yield?
Mr. COOPER. I yield.
Mr. SYMINGTON. Mr. President, I would
hope that the Senate will give serious con-
sideration to this legislation as proposed by
the distinguished Senator from Kentucky.
The able Senator has long been interested in
this subject of adequate intelligence infor-
mation being received by the Senate prior
to its authorization and appropriation of tax-
payers funds so as to carry on with our vari-
ous activities all over the world.
No secret has been made of the fact that
for some time we on such committees as
Foreign Relations and Armed Services have
not been satisfied with intelligence informa-
tion we have been able to obtain.
May I add that it is a refreshing experience
to serve on the Joint Atomic Energy Com-
mittee, where, under the law, it is the re-
sponsibility of the Atomic Energy Commis-
sion to keep the Joint Committee informed.
The Committee does not have to go after
the information because the information is
volunteered.
Based on this rapidly changing world some
new procedure could only be to the advan-
tage of the country. Does not the Senator
agree that under his proposed legislation,
there would be more opportunity to obtain
far more pertinent information?
Mr. COOPER. Yes, I wholly agree with the
statement of the distinguished Senator from
Missouri, who is in a unique position, with
his responsibilities as the only member of
the Senate who serves upon the Armed Serv-
ices Committee, the Committee on Foreign
Relations, and the Joint Committee on
Atomic Energy, of having had the oppor-
tunity to compare the intelligence received
by the three committees.
Also, I might say that the amendment
which I have offered today grew out, in great
measure, of the experience which I have had
in serving on the Senator's subcommittee
of the Committee on Foreign Relations to
reviewing our commitments around the
world. In the course of that investigation,
wherein the Senator has so ably served as
chairman, we found numerous commitments
or quasi-commitments throughout the world
which might not have been undertaken if
full information had been made available to
the Congress at the time. I think the Senator
will agree with my statement.
MT. SYMINGTON. No question about it.
Mr. COOPER. I would like to make this fur-
ther comment: This amendment does not
attempt to reach directly the larger constitu-
S 13475
tional questions which have recently been
before the Supreme Court concerning infor-
mation which shall be made available to
the country as a whole. As I analyzed, as
best I could, the holding of the Supreme
Court, a majority of the members held that
there is some limitation upon the first
amendment with respect to national secu-
rity. Some Justices called attention to the
lack of standards, and suggested that Con-
gress should act.
I have offered this amendment, not to at-
tempt to deal primarily with that larger
problem, but to deal with the specific prob-
lem of providing information to Congress,
and particularly the appropriate commit-
tees?the Armed Services Committee in both
bodies, the House Foreign Affairs Committee
and the Senate Foreign Relations Commit-
tee, which deal with foreign policy and with
national security policy, and which must rec-
ommend to the House and Senate, measures
which commit our resources and in SO MO
cases our men, to war. It seems to be abso-
lutely essential, that Congress have the
facts?the best intelligence, when it is called
upon to act.
ORDER OF BUSINESS
Mr. MANSFIELD. Mr. President, would
the distinguished Senator from Ken-
tucky yield to me the remainder of his
time so I could suggest the absence of
a quorum?
Mr. COOPER. I am very happy to do
so.
QUORUM CALL
Mr. MANSFIELD. Mr. President, I
suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
The legislative clerk proceeded to call
the roll.
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that the order for
the quortim call be rescinded.
The PRESIDING 01.101.CER. Without
objection, it is so ordered.
TRANSACTION OF ROUTINE
MORNING BUSINESS
The PRESIDING OrVICER. Under the
previous order, there will now be a period
for the transaction of routine morning
business not to exceed 15 minutes with a
limitation of 3 minutes on each Senator
to be recognized.
The Chair recognizes the Senator from
Indiana.
SENATE JOINT RESOLUTION 150?
INTRODUCTION OF A JOINT RESO-
LUTION PROPOSING AN EQUAL
RIGHTS AMENDMENT TO THE
CONSTITUTION
(Read the first time; second reading
objected to.)
Mr. BAYH. Mr. President, I send to the
desk a joint resolution and ask unani-
mous consent that it be read twice.
Mr. ERVIN. Mr. President, I do not
object to the Senator's sending the joint
resolution to the desk and having it read
the first time. As I understand it, the
Senator has a right to send the joint
resolution to the desk. However, I do ob-
ject to its being read twice. I object to
any further proceedings beyond the first
reading.
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3476 CONGR ESSIONAL RECORD ? SENATE Auati lt.:" 1 P.:7
e PRESIDING OFFICER. Does the
i or from North Carolina object to
first reading?
r_r, ERVIN. I do not object to the first
ling.
1:aritarnenrary inquiry.
he PRESIDING 0.e.FICER. The Sen-
will state it.
C ERVIN. Mr. President, the Senator
? Indiana has a right under the Sen-
rules--at least, the power, I will put
erider the Senate rules ?to send a pro-
eueed joint resolution to the desk and. as
=-Igierstand it, it is automatically read
?3 first time.
ei PRESIDING OFFICER. The Sen-
, eta has a right to introduce it and have
e-ad a first time, notice having been
cn yesterday of his intention to intro-
such a joint resolution.
Mr ERVIN. And it automatically un-
Toes first reading, I am told, under the
IteAate rules. I do not object to that.
However. I do object to anything beyond
ein wiug it to the desk and the automatic
et reading.
-1"P PRESIDING OFFICER. The clerk
lead the Joint resolution the first
til (
14 legislative clerk read as follows:
? t? e Senator from Indiana (Mr. Havn)
1-1i,i,duees a joint resolution as follows:
tennie joint resolution proposing an
mew; to the Constitution of the
I -at Stales relative to equal rights for men
women.-
ERVIN. Mr. President, a further
PIO en(ary inquiry.
ee-ie PRESIDING OFFICER. The Sen-
te4" will slate it.
tTh ERVIN. Mr. President, as I under-
(1 it, since I have interposed an o-
f.on to going beyond first reading,
atter will automatically go over
enti? the next legislative day, which
WIMI.ta be on reconvening of the Congress
the recess.
tete PRESIDING OFFICER. The Sen-
s correct.
eeei, BAYH. Mr. President, if I may
I understand I have the normal
mottling hour time.
ettie PRESIDING- OFFICER. The Sen-
th Indiana has 3 minutes. ?
BAYII. Mr. President, today I am
Wan action which all my colleagues
know is unusual, a step which I take
teith the greatest reluctance. Today,
behalf of myself, the Senator from
oeieicky (Mr. Cool?, the Senator from
Vioricta (Mr. GURNEY) , and the Senator
ni California (Mr. TUNNEY) . I am re-
introducing the equal rights amendment,
q,m taking action to make sure that
et. version of the amendment will not
referred so that it can die in com-
e,. iiecee I will insist that it be placed
in ately on 'he calendar pursuant to
_erovisions of rule 14.4. I realize this
le -wet the normal procedure. I also real-
bat this maneuver circumvents the
teeenittee system. Of course, this body
VI: .1soon be crippled in the absence of
a committee system. But despite its ad-
aer-ates, the committee system is not
? at drawbacks. At times it can cause
eimeeessare defer; sometimes it enables
'all group of men to thwart the will
majority of this Ixely.
While I firmly believe that in all but
the roost unusual circumstances, no bill
shouid be considered until it has been
studied by, and reported out of the rele-
Vent committee, I believe just as firmly
that this bill should net be sent to com-
mittee. And in making this statement, I
recognize explititly that I am trying to
avoid my oWn Constitutional Amend-
ments Subcommittee.
Mr. President, I would like to explain
in further detail ,iust why I believe fur-
ther committee action on the proposal is
unwarranted.
First, there has been an exceedingly
thorough and complete study of this pro-
posal by the Congress. The amendment
has been before the Congress for 48
years. It has been debated and studied
many times. In the interest of brevity, I
will recap only the most recent efforts.
Slightly over a year ago my Constitu-
tional Amendments Subcommittee held
3 clays of hearing's. We heard 42 wit-
nesses, received 75 statements and in-
ser eions of additional material from
other persons, and compiled a hearing
record of 393 pages. This I believe would
have been sufficient committee study. But
there was more. Last August 10 the sub-
committee met in executive session, de-
bated the amendment, and ordered it re-
ported favorably to the full committee.
From there it would normally have been
reported to the Senate floor. But due to
the efforts of one member of the com-
mittee?who had totally ignored our
earlier hearings--the full committee
voted, despite my strong opposition, to
hold its own, further set of hearings. I
said then and I will repeat now that to
my mind this action, which was almost
without precedent, was a waste of legisla-
tive time and resources.
After the full committee finished 4
days and almost 500 pages of additional
hearings, it never was allowed to come to
a vote on the issue. Instead we debated
the _douse passed amendment on the
floor of the Senate for more than 2 weeks
last fall. Even if there had been no hear-
inge, that debate would have given each
member a chance to form his own opin-
ion as to the merits of the proposal.
This spring the House of Representa-
tives also conducted hearings on the
amendment, giving full and fair con-
sideration to both sides. They held 6 days
of sessions, listened to 31 witnesses, and
received for the record 78 additional in-
sertions of statement and related mate-
rials. for a total hearing record of over
720 pages. The same proposal has been
before us and the subject of committee
and floor consideration for 48 years now.
We have had three sets of hearings in the
last 15 months. This measure has already
been debated in both Houses and once
passed by the other body. I believe this
history provides solid support for my
assertion that further committee study is
totally unneceseary.
I would not, however, be about to take
flee drastic step of attempting to avoid
the committee structure were it not for
the consistent and repeated pattern of
deliberate delay which I have been faced
with during the past 12 months. I have
already recounted the stories of delay
caused by needless hearings requested by
a member who had never n tterided those
conducted by a subcommittee he served
on. This year, the problem has been even
worse. On March 2, 1971, the subcom-
mittee met. and reported out the joint
resolution proposing to lower the voting
age to 18. At that time I asked the mem-
bers if they would not also be willing to
consider the equal rights amendment.
They 'refused even to discuss it. I called
another meeting for June 4. Only one
other Senator showed uP-
I do want to point out that the mem-
bers did not fail to show up because they
were out of town. The meeting was pur-
posely scheduled at' an early hour so
there would be no other committee meet-
ings conflicting. Immediately upon leav-
ing my 9:30 meeting I went across the
street to a 10 a.m, meeting of another
Judiciary Subcommittee. Needless to say,
I was somewhat surprised to see present
at that committee meeting five of the six
Senators needed to form a quorum at
my constitutional amendments meeting.
Still willing to believe that the members
would at least meet to discuss this issue.
I called a meeting for the end of July.
Five members--an all-time high?
showed up. At that time, I announced
that I would hold one last meeting. That
meeting took place yesterday. We did get
a quorum but took no action because one
member exercised his rights under the
Judiciary Committee's rules and refused
to let us come to any kind of a vote.
Mr. President, this has not happened
by accident. Yesterday's filibuster tac-
tice make it clear that at least one !tim-
ber of the Subcommittee on Constitu-
tional Amendinents is bound and deter-
mined?and fully able?to hold up Prog-
ress on this proposal yet again. I think
I have presented a picture of delay and
obstruction on the part of a very few
Senators, delay and obstruction paral-
leled only in the history of this amend-
ment in earlier Congresses. The only way
to avoid this delay and finally give the
women of the country what they have
deserved for so very long?a vote on the
merits?is to place this measure on the
calendar to be brought up at an appro-
priate time.
Mr. President, I deeply regret having
been forced to subvert the normal Sen-
ate procedure. But as the majority leader
showed last fall by refusing to allow the
House-passed amendment to go to com-
mittee for burial, and insisting that it be
placed on the calendar, there are times
and circumstances which justify this
type of unusual procedure, These times
and circumstances are rare, but I firmly
believe that they are presented here and
now.
Mr. President, I do this with great
reluctance, because of the importance
of having this issue come before the Sen-
ate, and because of the tactics which have
been resorted to in order to prevent the
matter from ever seeing the light of clay.
The matter before us is a constitu-
tional amendment which would give all
citizens equal rights under the law. It
has been the subject of discussion for
nearly 48 years. It has been the sub:iect
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