CONFERENCE REPORT ON H.R. 12652, COMMISSION ON CIVIL RIGHTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81-00818R000100050006-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 10
• Document Creation Date: December 16, 2016
• Document Release Date: August 1, 2005
• Sequence Number: 6
• Publication Date: October 4, 1972
• Content Type: OPEN

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October 4, 1972 CONGRESSIONAL RECORD - HOUSE
Mr. GARMATZ. Mr. Speaker, title XI
of the Merchant Marine Act of 1936,
authorizes Government insurance of
mortgages and loans made to finance the
construction, reconstruction, and re-
conditioning of U.S.-flag vessels. The
purpose of H.R. 9756 is to amend title
XI to improve its responsiveness to the
current needs of the shipping industry
for investment capital, and to simplify
the mechanics of issuing and marketing
obligations under the program. H.R.
9756 passed the House on February 7,
1972.
The Senate made six amendments to
the legislation, most of which are tech-
nical, clarifying, or conforming in nature.
The first Senate amendment amended
revised section 1101(b), to clarify that
pollution treatment, abatement, or con-
trol vessels are "vessels" for purposes of
the act and qualify for assistance under
title XI if they meet the other. applicable
requirements. This is a technical amend-
ment.
The second and third Senate amend-
ments amended revised section 1101(f),
to clarify that only amounts paid or to
be paid by or for the account of the
obligor for construction, reconstruction,
or reconditioning of a vessel are included
in the definition of "actual cost." This
conforms to the present statute and
makes clear that, for example, amounts
paid for construction-differential sub-
sidy by the Government are not included
in actual costs. These are technical
amendments only. .
The fourth Senate amendment amend-
ed revised section 1104(a) (1), to clarify
that the words "foreign trade" are used
in the more expansive sense of the sec-
tion 905 definition with respect to title
V relating to construction-differential
subsidy. Thus, any vessel engaged in a
foreign trade eligible for construction-
differential subsidy under title V of the
Merchant Marine Act, would also be eligi-
ble for financing guarantees under title
XI. This is a clarifying amendment.
The fifth amendment is the only sub-
stantive amendment made by the Sen-
ate. The House-passed bill would have
authorized a title XI guarantee of up to
871/2 percent of the actual cost or de-
preciated actual cost of barges to be
carried on vessels, but only 75 percent of
such cost of other barges. Thereafter,
representatives of the inland waterways
operators argued that such a distinction
would result in a competitive disadvan-
tage for inland waterway barges in in-
stances where they are in competition
with barges on vessels. The Senate could
find no persus.sive reason in policy, for
this distinction, and amended the final
proviso of revised section 1104(b) (2), to
eliminate the distinction and put all such
barges on an equal footing at the 871/2-
percent level. This amendment would not
increase the number of barges eligible
for title XI financing, but would permit
guarantees of obligations with respect to
a higher percentage of the actual cost
or depreciated actual cost of a barge-
871/2 percent-as in the case of barges
carried on a vessel. This amendment
would not increase the aggregate amount
authorized to be guaranteed under the
title I program.
The final Senate amendment is a new
section 8 providing that the act may be
cited as the "Federal Ship Financing Act
of 1972."
The SPEAKER. Is there objection to
the request of the gentleman from Mary-
land?
There was no objection.
The Senate amendments were con-
curred in.
A motion to reconsider was laid on the
table.
CALL OF THE HOUSE
Mr. CEDERBERG. Mr. Speaker, I
make the point of order that a quorum
is not present.
The SPEAKER. Evidently a quorum is
not present.
Mr. BOGGS. Mr. Speaker, I move a call
of the House.
A call of the House was ordered.
The Clerk called the roll, and the fol-
lowing Members failed to answer to their
names:
? [Roll No. 4051
Abernethy
Evans, Colo.
McMillan
Abzug
Foley
Mikva
Addabbo
Gallagher
Mitchell
Badillo
Giaimo
Mollohan
Baring
Goodling
Murphy, N.Y.
Bell
Green, Oreg.
Nichols
Bevill
Gross
O'Konskt
Bow
Gubser
Peyser
Byrne, Pa.
Hagan
Powell.
Byron
Halpern
Purcell
Carey, N.Y.
Hawkins
Rangel
Chisholm
Jones, Tenn.
Reid
Clark
Lloyd
Rhodes
Clay
Lujan
Rooney, N.Y.
Culver
McClure
Scheuer
Davis, S.C.
McCormack
Schmitz
Dowdy
McDonald,
Scott
Dwyer
Mich.
Teague, Calif.
Edmondson
McKevitt
Terry
The SPEAKER. On this rollcall 374
Members have answered to their names,
a quorum.
By unanimous consent, further pro-
ceedings under the call were dispensed
with.
CONFERENCE REPORT ON H.R. 12652,
COMMISSION ON CIVIL RIGHTS
Mr. CELLER. Mr. Speaker, I call up
the conference report on the bill (H.R.
12652) to extend the life of the Commis-
sion on Civil Rights, to expand the juris-
diction of the Commission to include
discrimination because of sex, to author-
ize appropriations for the Commission,
and for other purposes, and ask unani-
mous consent that the statement of the
managers be read in lieu of the report.
The Clerk read the title of the bill.
The SPEAKER. Is there objection to
the request of the gentleman from New
York?
There was no objection.
The Clerk read the statement.
(For conference report and statement,
see proceedings of the House of Septem-
ber 26, 1972.)
Mr.'CELLER (during the reading). Mr.
Speaker, I ask unanimous consent that
further reading of the statement of the
managers be dispensed with.
The SPEAKER. Is there objection to
the request of the gentleman from New
York?
There was no objection.
Mr. CELLER. Mr. Speaker, I yield my-
self such time as I may consume.
H 9095
On May 1 of this year, the House over-
whelmingly suspended its rules and
passed H.R. 12652.
As reflected in its title, the bill ex-
tends the life of the Civil Rights Com-
mission, extends the jurisdiction of the
Commission to embrace sex discrimina-
tion, and authorizes annual appropria-
tions.
In passing the legislation on August
4-without a dissenting vote-the Sen-
ate accepted the bill in every detail save
one. it reduced the appropriation au-
thorizations for each of the fiscal years
in which the Commission is to operate.
The Senate also added to the bill non-
germane material pertaining to a very
important subject-the protection of
executive branch employees and appli-
cants against unwarranted invasions of
their privacy.
The conference committee met on two
occasions; on both occasions our dis-
cussion was lengthy, serious, and reason-
able. Acting as reasonable men can be
expected to act following a full and
frank exchange of views, the House man-
agers agreed to the Senate authoriza-
tion figures, and the Senate managers
agreed to recede from the Senate
amendment which had added the non-
germane material to the bill.
As reported by the conference com-,
mittee, the bill authorizes the appropri-
ation of $51/2 million for fiscal year 1973
instead of $61/2 million as originally pro-
vided by the House. Also, in place of the
House authorization of $81/2 million for
each fiscal year from 1974 through 1978,
the bill authorizes $7 million as provided
in the Senate version.
In summary, the bill reported back by
the conference committee is the same
bill that passed the House last May, ex-
cept for modest reductions in the appro-
priations authorizations.
On September 26, the Senate adopted
the conference report. I urge similar ac-
tion in the House so that this important
legislation may be cleared to the Presi-
dent and promptly signed into law.
Mr. McCULLOCH. Mr. Speaker, in the
last few days of my quarter century of
service in this body, it gives me great
satisfaction to see the life of the U.S.
Commission on Civil Rights extended an
additional 5 years and 5 months. As co-
sponsor of this legislation together with
the distinguished chairman of the Com-
mittee on the Judiciary, I am pleased to
tell the House that this bill, agreed to in
conference, is almost identical to the bill
that passed the House on May 1, 1972.
The only difference is.that the author-
ization ceiling has been lowered for fis-
cal year 1973 from $6.& to $5.5 million
and for the remaining 4 years from $8.5
to $7 million. I realize that this reduc-
tion may restrict some of the Commis-
sion's planned activities. This is unfor-
tunate in view of the Commission's added
responsibilities in the area of sex dis-
crimination. However, I believe that the
reduction should not hamper the Com-
mission's primary responsibilities regard-
ing denials of equal protection based on
race, color, or national origin.
Since its inception in 1957, the Com-
mission has been the conscience of the
Nation. It has guided us in enacting land-
mark civil rights legislation in 1960, 1964,
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L965, 1968, and 1970. But it is yet to be
seen whether these laws remain only as
cold tombstones of lifeless hopes or
whether they breathe life into the ever-
unfolding promise of equality for which
this Nation stands.
We like to think that we, as a nation.
have made progress. But we cannot over-
look the fact that we have moved from
a nation divided by region to a nation
ivided by race. A nation so divided can-
not stand.
??a the days ahead the challenge to
1\.nierica will come from within. Thus
when our grandchildren look back to
!hose days, they may well conclude that
the few million dollars we spent to per-
petuate the Commission were as impor-
eant to our common good as the billions
we spent on military defense.
Mr. CELLER. Mr. Speaker, I move the
previous question on the conference
report.
`.I'he previous question was ordered.
The conference report was agreed to.
A in tion to reconsider was laid on the
able.
CONFERENCE REPORT ON H.R. 7378.
COMMISSION ON REVISION OF
APPELLATE COURT SYSTEM
Mr. CELLER. Mr. Speaker, I call up
the conference report on the bill (H.R.
7378) to establish a Commission on Re-
1ision of the Judicial Circuits of the
United States, and ask unanimous con-
sent that the'statement of the managers
be read in lieu of the report.
The Clerk read the title of the bill.
The SPEAKER. Is there objection to
the request of the gentleman from New
York?
fr. HALL. Mr. Speaker, reserving the
right to object, before we wheel these
conference reports through here too
rapidly, I wonder if the distinguished.
chairman of the Committee on the Judi-
('iary would like an opportunity, and I
mould be delighted to yield for that pur-
pose, to explain to the House in what
;:zreas the House receded from its posi-
tion on our relatively simple bill which
passed the House for an amount of $50-
000, and I understand it is now up to
$270,000. We had a unique purpose as the
t All passed the House to simply perform
;,ne function. Now I understand there
a dual function on the part of the
Commission. Particularly Mr. Speaker,
would like to know from the distin-
r:uished chairman of the Committee on
the Judiciary, my friend the gentleman
fToro New York (Mr. CELLER), whether or
riot this Commission would come within
t he prospectus of the bill we passed in
this House just last week on an Ad-
isory Commission.
;%9r. Speaker, I yield to the gentle-
-nan from New York for an answer.
ivir. CELLER. Mr. Speaker, I would like
io make just a brief statement on the
work of the committee of conference.
I `rinmarily the bill deals with redrawing
the boundary lines of the Federal courts
At appeals. Those lines have remained
rgely unchanged since the beginning
of the century and they have been
uii(iered obsolete by changes in popula-
ion, growth in Federal litigation, and
s.o on. We passed the bill overwhelmingly
on May 15 (317 yeas; 25 nays). In pass-
ing the bill, the Senate struck all aft(:
the exacting clause and substituted ,
new text which expanded the scope c:
studies to be undertaken and extendez
the Commission's term to 2 years. Th4
Senate amendment authorized variou.,
studies concerning substantive and pro-
cedural aspects of the Federal al?pellata
process.
When the conferees met the Hour(
conferees emphasized that the thrust 61 ' the bill was to redraw the geo;raphi
lines and not to change any substantive
law, so the Senate receded on the ques-
tion of broad studies into appellat+
changes substantive law and accepted ouk
view with reference to requiring the Com-
mission to report back on circuit realine-
ment in 6 months of the appointment a
the ninth Commission member.
The conference substitute however
also authorizes the Commission to studs
and recommend changes in the structure and internal procedures of thi
courts of appeals and to file a seconr-
report within 15 months of the appoint-
ment of the ninth member.
The Congress would have to work it
will on these recommendations.
Thus, the Commission is to report bat'.-:
to the Congress within 6 months as to,
proposed changes in geographic boun
daries of the courts of appeals, but witisr
reference to changes in structure anal
internal procedures in the appeals courts
the Commission is given 9 more month
to file a second report.
The House bill authorized appropri-?
ations up to $50,000. No special Com-
mission staff was authorized. W.11
felt that the Federal Judicial Cen-
ter and the administrative office of
U.S. courts could provide sufficient staf-
fing. but now the Senate has added thes.
changes to add burdens onto the Com
mission to look into the caseloads sub
ject to our final approval.
The conference substitute authorize.
the Commission to study and recommendi
changes in the structure and internal
procedures of the appellate courts, ant
to file its report within 15 months of the
ninth member's appointment.
Same limited a staff would have to be
established for that purpose. The Sen
ate amendment authorized appropria
tions of $370,000. The conference report
reduced that to $270,000. The authoriza-
tion in excess of the $50,000 contained
in the House bill is needed to cover tha
expenses of the additional 9-montt.:
term of the Commission and of conduct-
ing the additional studies authorized by
the conference report.
Mr. HALL. Mr. Speaker, I appreciate
the gentleman's explanation. I shoule
like to recapitulate it and see if he will
confirm that I am stating it correctly or
not.
No. 1, we have receded, but only on the
germane additions and the urocedures o?
tllq other body.
Mr. CELLER. That is correct.
Mr. HALL. And, there is nothing in
this conference report which would be
considered nongermane to the Houser
passed bill?
Mr. CELLER. That is correct. I was
very, very careful on that. I have beer
careful with all these conferences to tr3
to repudiate nongermare amendments
which to my mind often are obnoxious.
Mr. HALL. I agree, plus raids on per-
sonnel supergrades.
Second, Mr. Speaker, as I[[ understand
the conference report, we have yielded.
from 90 days for the Commission to act
up to 15 months. We have yielded, to put
it in another context. from a resolurion
of the other body's $370,000 clown to
$270,000; we in the House position have
gone up from $50,000 to $270,000: but in
return we get a review of Federal Court
Appellate system in addition to the 1:ur-
pose assigned by the House-passed oill.
which was only for review of the Judicial
Circuit Court; is that correct?
Mr. CELLER. The gentleman is cor-
rect.
Mr. HALL. And in the o l inlon of the
dean of the House, this is a, worthw!iile
payoff?
Mr. CELLER. It is a meritorious ;rill.
Mr. HALL. Mr. Speaker, in view of the
gentleman's explanation, I withdraw my
reservation.
The SPEAKER. Is there objection to
the request of the gentleman from New
York?
There was no objection.
The Clerk read the statement.
(For conference report and statement,
see proceedings of the House of Septem-
ber 28, 1972.)
Mr. CELLER (during the reading 1.
Mr. Speaker. I ask unanimous consent
that further reading of the statement be
dispensed with.
The-SPEAKER. Is there objection to
the request of the gentleman from New
York?
There was no objection.
Mr. CELT. R. Mr. Speaker, I move the
previous question on the conference re-
port.
The previous question was ordered.
The conference report was agreed to.
A motion to reconsider was laid on the
table.
GENERAL LEAVE
Mr. CELLER. Mr. Speaker, I ask unan-
imous consent that all Members have 5
legislative days to extend their remarks
on the two conference reports just agreed
xo.
The SPEAKER. Is there abjection to
the request of the gentlema:a from 'New
York?
There was no objection.
SENATOR EDWARDS OF LOUISIANA
(Mr. BOGGS asked and was given per-
mission to address the House for 1 min-
ute.)
Mr. BOGGS. Mr. Speaker, I should
like to note the presence on the floor of
the House of the distinguished junior
Senator from Louisiana, who happens to
be also the wife of our former colleague,
now the Governor of the Sta';e of Louisi-
ana, Governor Edwards.
Senator EDWARDS is here with us. I
wish she would take a bow.
PERMISSION FOR COMMITTEE ON
RULES TO FILE PRIVILEGED RE-
PORT
Mr. COLMER. Mr. Speaker, I ask
unanimous consent that the Committee
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Journal - Office of Legislative Counsel
Wednesday - 27 September 1972
Page 2
6? Met with Herbert Hoffman, House
Judiciary Committee staff, who told me what had transpired at the
Senate/House conference on the Civil Rights Commission bill
(H. R. 12652). 1 thanked Mr. Hoffman on behalf of the Director and
the Agency for his cooperation in killing the Ervin amendment.
Committee stai?, met wit Messrs. O'Neill and Harry Little and reviewed
the portion of the OSS files relating to the Dixie mission. He did not review
any of the files relating to Indochina. Since his review of the items selected
from the Dixie files was necessarily sketchy, it was agreed that he will
return to Headquarters at his first opportunity to review them in detail and
refine his selection to minimize the number of documents to be reviewed
for declassification.
Mr. Blum indicated that after identifying the specific Dixie mission
documents for declassification, he would like to have them cleared but will
have to delay any identification of the Indochina documents for declassification
until the press of other work on his desk slackens.
8. I I Mr. Robert Blum, Senate Foreign Relat
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THE WASHINGTON POST
-7Z PAGE
Senate Passes Rights Compromise
United Press International
The Senate yesterday passed
and sent to the House a com-
promise bill extending the life
of the Civil Rights Commis-
sion for five years and giving
it authority to protect the
rights of women.
The measure was adopted1ating a "bill of rights" for gov-
with little discussion. In pre- e ment employees.
vious years, such a measure Among other things, that
would have touched off weeks
of, acrimonious debate, section outlawed psychological
A House-Senate conference testing of government employ-
committee which Wrote 'the ees and forbade lie detector
co'iilpromise version dropped questioning about their re-
a Senate-passed _ sect~o. ere- iligious beliefs or sex lives.
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September 26, 1972 CONGRESSIONAL RECORD - HOUSE 8745
CALL OF THE HOUSE
Mr. ARENDS. Mr. Speaker, I make the
point of order that a quorum is not
present.
The SPEAKER. Evidently a quorum
is not present.
Mr. BOGGS. Mr. Speaker, I move a
call of the House.
A call of the House was ordered.
The Clerk called the roll, and the fol-
lowing Members failed to answer to their
names:
[Roll No. 385]
Abourezk
Garmatz
O'Konski
Anderson, Ill.
Gettys
Patten
Anderson,
Glaimo
Pelly
Tenn.
Grasso
Peyser
Badillo
Green, Oreg.
Pike
Baring
Griffiths
Pirnie
Betts
Gubser
Powell
Bevill
Halpern
Pryor, Ark.
Biaggi
Htbert
Pucinski
Blanton
Heckler, Mass.
Reid
Blatnik
Hosmer
Rhodes
Byrnes, Wis.
Howard
Rooney. N,Y.
Byron
Hunt
Runnels
Clark
Jonas
Saylor
Clay
Jones, Tenn.
Scheuer
Conyers
Kuykendall
Schmitz
Crane
Latta
Sikes
Dellums
Lujan
Springer
Derwinski
McCrory
Stokes
Devine
McCloskey
Symington
Dorn
McCormack
Teague, Calif.
Dow
McCulloch
Teague, Tex.
Dowdy
McDonald,
Thompson, Ga.
Dwyer
Mich.
Thomson, Wis.
Edmondson
McMillan
Wiggins
Eilberg
Macdonald,
Wilson,
Erlenborn
Mass.
Charles IT.
Evans, Colo.
Mailliard
Wolff
Findley
Minshall
Wylie
Frenzel
Mitchell
Yatron
Galifianakis
Monagan
Young, Tex.
Gallagher
O'Hara
The SPEAKER. On this rollcall 339
Members have answered to their names,
a quorum.
By unanimous consent, further pro-
ceedings under the call were dispensed
with.
CONFERENCE REPORT ON H.R. 12652,
COMMISSION ON CIVIL RIGHTS
Mr. CELLER submitted the following
conference report and statement on the
bill (H.R. 12652) to extend the life of the
Commission on Civil Rights, to expand
the jurisdiction of the Commission to in-
clude discrimination because of sex, to
authorize appropriations for the Coin-
mission, and for other purposes:
CONFERENCE REPORT (H. REPT: No. 92-1444)
The committee of conference on the dis-
agreeing votes of the two Houses on the
amendments of the Senate to the bill (H.R.
12652) to extend the life of the Commission
on Civil Rights, to expand the jurisdiction of
the Commission to include discrimination be-
cause of sex, to authorize appropriations for
the Commission, and for other purposes, hav-
ing met, After full and free conference, have
agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate recede from its amend-
ments numbered 1, 2, 3, 4, 5, 6, 7, and 10.
That the House recede from its disagree-
ment to the amendments of the Senate num-
bered 8 and 9, and agree to the same.
EtSANUEL CELLER,
JACK BROOKS,
WILLIAM L. HUNGATE,
WILLIAM M. MCCULLOCH,
EDWARD HUTCHFNSON,
Managers on the Part of the House.
PHILIP A. HART,
ROMAN L. HRUSKA,
HUGH SCOTT,
HIRAM L. FONG,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE
COMMITTEE OF CONFERENCE
The managers on the part of the House and
the Senate at the conference on the disagree-
ing votes of the two Houses on the amend-
ments of the Senate to the bill (H.R. 12652)
to extend the life of the Commission on Civil
Rights, to expand the jurisdiction of the
Commission to include discrimination be-
cause of sex, to authorize appropriations for
the Commission, and for other purposes, sub-
mit the following joint statement to the
House and the Senate in explanation of the
effect of the action agreed upon by the man-
agers and recommended in the accompanying
conference report:
Amendments numbered 1 through 7: De-
lete technical renumbering changes proposed
by the Senate and appropriate only if amend-
ment numbered 10 had been retained.
Amendment numbered 8: Authorizes Civil
Rights Commission appropriation for fiscal
year 1973 of $5,500,000, as proposed by the
Senate, instead of $6,500,000, as proposed by
the House.
Amendment numbered 9: Authorizes an-
nual Civil Rights Commission appropriation
for fiscal years 1974 through 1978 of $7,000,-
000, as proposed by the Senate, Instead of
$8,500,000, as proposed by the House.
Amendment numbered 10: Senate recedes.
EMANUEL CELLER,
JACK BROOKS,
WILLIAM L. HUNGATE,
WILLIAM M. MCCULLOCII,
EDWARD HUTCHINSON,
Managers on the Part of the House.
PHILIP A. HART,
ROMAN L. HRUSKA,
HUGH SCOTT,
HIRAM L. FOND,
Managers on the Part of the Senate.
PERSONAL ANNOUNCEMENT
(Mr. MIKVA asked and was given per-
mission to insert his remarks at this
point in the RECORD.)
Mr. MIKVA. Mr. Speaker, I regret that
I was necessarily absent when the House
voted on several matters recently. Had
I been present I would have voted as
follows:
"Yes" on rollcall No. 372, final passage
of H.R. 16654, fiscal year 1973 appropria-
tions for the Departments of Labor and
HEW;
"No" on rollcall No. 370, adoption of
an amendment to H.R. 16654 exempting
certain employers from the safety and
health requirements of the Occupational
Safety and Health Act;
"Yes" on rollcall No. 371, adoption of
an amendment to H.R. 16654, increasing
funds for bilingual education;
"Yes" on rollcall No. 375, final passage
of H.R. 15003, the Consumer Product
Safety Act;
"Yes" on rollcall No. 376, adoption of
the rule for consideration of H.R. 16705,
foreign aid appropriations for fiscal year
1973;
"No" on rollcall No. 380, adoption of
an amendment to the foreign assistance
appropriations bill (H.R. 16705) ending
guarantees of private overseas invest-
ments;
"Yes" on rollcall No. 382, adoption of
the rule for consideration of H.R. 16754,
military construction appropriations for
fiscal year 1973;
"Yes" on rollcall No. 383, final passage
of the military construction appropria-
tions bill;
"Yes" on rollcall 384, final passage of
House Joint Resolution 1227, approving
the interim SALT agreement with the
U.S.S.R.
PERMISSION TO FILE CONFERENCE
REPORT ON S. 2770, WATER POLLU-
TION CONTROL ACT AMEND-
MENTS OF 1972
Mr. JONES of Alabama. Mr. Speaker, I
ask unanimous consent that the man-
agers have until midnight tonight, Sep-
tember 26, 1972, to file the conference
report on S. 2770, the Water Pollution
Control-Act Amendments of 1972.
The SPEAKER. Is there objection to
the request of the gentleman from Ala-
bama?
There was no objection.
CORRECTION OF VOTE
Mr. PEPPER. Mr. Speaker, on rollcall
No. 384? I am recorded as not voting. I
was present and voted "yea. I ask
unanimous consent that the permanent
RECORD and Journal be corrected ac-
cordingly.
The SPEAKER. Is there objection to
the request of the gentleman from
Florida?
There was no objection:
SECOND ANNUAL REPORT. ON
HEALTH MATTERS COVERED BY
FEDERAL COAL MINE HEALTH
AND SAFETY ACT OF 1969-MES-
SAGE FROM THE PRESIDENT OF
THE UNITED STATES
The SPEAKER laid before the House
the following message from the Presi-
dent of the United States; which was
read and, together with the accompany-
ing papers, referred to the Committee
on Education and Labor:
To the Congress of the United States:
I am pleased to submit to you the
second annual report on health matters
covered by the Federal Coal Mine Health
and Safety Act of 1.969, Public Law - 91-
173.
The report covers the implementa-
tion of the health program carried out
by the National Institute for Occupa-
tional Safety and Health of the Depart-
ment of Health, Education, and Welfare.
The report provides a compendium of
coal mine health research, medical ex-
aminations of coal miners, and other ac-
tivities of 1971.
It is encouragingto note that, in 1971,
the Department of Health, Education,
and Welfare completed the first round
of medical examinations of coal work-
ers required in the act. Many of the
X-rays taken in the examination have
been completely processed and those
miners with abnormal chest conditions
have been notified of these conditions
and of their rights under the act.
A comprehensive research program,
which has as its basic objective the de-
termination of the development and
progression of coal workers' pneumoco-
niosis, continued in 1971 along the lines
established in 1970. Significant progress
was made in 1971 toward the attainment
of this goal.
I commend this report to your atten-
tion.
RICHARD NIXON.
THE WHITE HOUSE, September 26, 1972.
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 118746
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CONGRESSIONAL RECORD HOUSE September 26, 1972
PROVIDING FOR CONSIDERATION
OF H.R. 1121, GATEWAY NATIONAL
SEASHORE, NEW YORK AND NEW
JERSEY
Mr, DELANEY. Mr. Speaker, by direc-
,;ion of the Committee on Rules. I call up
douse Resolution 1135 and ask for its
,,mnediate consideration.
Tlr' Clerk read the resolution as fol-
H. RES. 1135
A 'solved. That upon the adoption of this
,solution it shall be in order to move that
,he House resolve Itself into the Committee
A the Whole House on the State of the Union
,r the consideration of the bill (H.R. 1121)
to provide for the establishment of the Gate-
,,,av National Seashore in the States of New
Fork and New Jersey, and for.other purposes.
After general debate, which shall be confined
to the bill and shall continue not to exceed
two hours, to be equally divided and con-
rolled oy the chairman and ranking minor-
y member of the Committee on Interior and
Insular Affairs, the bill shall be read for
amendment under the five-minute rule. It
,iirail be in order to consider the amendment
_:a the nature of a substitute recommended
pry the Committee on Interior and Insular
ifairs now printed in the bill as an original
:.ill for the purpose of amendment under the
.-.e-minute rule, and all points of order
rnainst: said substitute are hereby waived for
a%ilure to comply with the provisions of
alaozse 7. Rule XVI. At the conclusionof such
consideration, the Committee shall rise and
report the bill to the House with such amend-
-iients as may have been adopted, and any
tiember may demand a separate vote in the
House on any amendment adopted in the
Committee of the Whole to the bill or to
rare committee amendment in the nature of a
abstitute. The previous question shall be
nnsidered as ordered on the bill and amend-
,,cjents thereto to final passage without inter-
~ening motion except one motion to recom-
;nit with or without instructions. After the
gas.=.age of H.R. 1121 the Committee on Inte-
r;or and Insular Affairs shall be discharged
:role the further consideration of the bill
. 1852, and it shall then be in order in the
lose to move to strike out all after the
o,rtacting clause of the said Senate bill and
assert in lieu thereof the provisions contained
n H.R. 1121 as passed by the House.
The SPEAKER. The gentleman from
New York is recognized for 1 hour.
Mr. DELANEY. Mr. Speaker, I yield
10 minutes to the gentleman from Cali-
eorlia (Mr. SMITH), pending which I
_,,ieid myself such time as I may consume.
Mr. Speaker, House Resolution 1135
,provides an open rule with 2 hours of
'Teneral debate for consideration of H.R.
1 121 to establish the Gateway National
_Jeashore. It shall be in order to consider
;.ae committee substitute as an original
bill for the purpose of amendment and,
lfecause the substitute would not be ger-
mane to the original bill, points of order
are waived for failure to comply with
clause 7 of rule XVI. After passage of
i.P.. 1121, the Committee on Interior
land Insular Affairs shall be discharged
nom further consideration of S. 1852 and
1 shall be in order to move to strike all
after the enacting clause of the Senate
gill and amend it with the House-passed
language.
The purpose of H.R. 1121 is to_ estab-
?ish a national seashore in the States of
New York and New Jersey to be known as
he Gateway National Seashore. This
;.snit of the national park system will pro-
!Jde a recreational area for more than
20 million people within a four-State re-
gion and 2 hours travel time. The prime
recreation resource in the area is its
beaches.
The total size of the area is 26,172
acres, of which 403 acres are privately
owned. The city of New York owns ap-
proximately 16,980 acres; the State of
New York owns approximately 2,090
acres; New Jersey owns approximately
2,962 acres; the Federal Government
owns 3,737 acres.
About $11,450,000 are authorized for
land acquisition and $92,813,000 are au-
thorized for development of the recrea-
tion area.
There is no comparable recreation
area at the present time.
Mr. Speaker, I urge the adoption of
the rule in order that the legislation
may be considered.
Mr. SMITH of Calfornia. Mr. Speaker,
I yield myself such time as I may con-
sume.
(Mr. SMITH of California asked and
was given permission to revise and ex-
tend his remarks.)
Mr. SMITH of California. Mr. Speak-
er, the distinguished gentleman from
New York (Mr. DELANEY) has explained
the rule precisely in accordance with the
manner and in the way I understand it.
Accordingly I associate myself with his
remarks. I will not take additional time
from that standpoint.
I might add or emphasize that there
is some controversy on this housing that
is being built on Floyd Bennett Field, in
that area and, as has been indicated, as
I recall, there are no sewers or streets
or lighting at the present time.
I simply mention this so the Members
can be prepared from that standpoint.
There are four provisions in this bill
that are subject to a point of order, in
view of clause 7, rule XVI.
The original bill was amended-and
it comes in as a substitute in the nature
of an amendment. There are four parts
therein which are in violation of clause 7,
1 ule XVI. These are section 2(d),, au-
thorizing housing on Floyd Bennett
Field; section 3(c), which permits the
Secretary of the Interior to cooperate
with the Secretary of the Army on Corps
of Engineers projects; the third is 34d),
which provides that the Secretary of In-
terior may cooperate with the Secretary
of Transportation on operating airway
facilities.
Section 4 sets up a new advisory com-
mittee. All points of order were waived
as to clause 7, rule XVI, to cover these
matters.
At this time, Mr. Speaker, I yield 3
minutes to the distinguished minority
leader (Mr. GERALD R. FORD).
(By unanimous consent, Mr. GERALD
R. FORD was allowed to speak out of
order.)
FOREIGN AID APPROPRIATION BILL
Mr. GERALD R. FORD. Mr. Speaker.
last Thursday during our consideration
of the foreign aid appropriations the
gentleman from Ohio (Mr. VANnt), with
the very best of motives and intentions,
offered an amendment to bar any funds
to finance or guarantee investments in
any country which charges its citizens
more than $50 for the right to emigrate.
The gentleman and others argued elo-
rl..lently that by adding this :language
sae House would utter a "moral outcry"
against the reprehensible practice of the
Soviet Union inforcing its Jewish citi-
ans to pay as much as $25,000 xansom-
,l.ore than most people in Russia can
'li gally earn or save in a lifetime-for an
exit permit to emigrate to Israel or any
her country. After very brief debate
i.;ie amendment was agreed to by voice
Ite.
Both the distinguished chairman of the
;?lbcommittee handling the hill, Mr.
::PSssMAN, and I cautioned at the time
that the amendment was badly drawn
and unnecessary, although we were
iaolly sympathetic with its symbolic
purpose. It has now turned out that the
ii aendment was actually harmful to the
va=ry cause its sponsors sought to help.
I"lac State of Israel. among otherr govern-
ri.ents friendly to us, charges a travel tax
o- $140 plus 10 percent of travel ticket
costs, for persons leaving the country.
ho this well-meaning but hastily con-
,tictered floor amendment would, if con-
a,erred in by the Senate, have the effect
r>: cutting off all the funds and assist-
rice we voted for Israel in this year's
foreign aid appropriation.
In this rare instance the other body
rt ipears to have saved us from our folly.
'x-he Senate subcommittee cotuidering
.reign aid appropriations, upon learn-
i;g the facts, deleted this provision. and
1 trust the conferees on the part of the
171ouse will go along. I would say that
,,Here are other proper ways for this
l- idy and the Congress to express our
K ;gust and disapproval of such shame-
it , Soviet exploitation of its Jewish
?;izens.
Mr. DELANY. I yield 1 minute to the
r 'ntleman from Ohio (Mr. VANIn).
(By unanimous consent Mr. VANxx was
allowed to speak out of order.)
VANIK AMENDMENT
Mr. VANIK. Mr. Speaker, I would like
*.r:> take this time to speak out of order
bald address myself to the comments just
.made by the minority leader (Mr. GERALD
FO)RD) .
Mr. VANIK. Mr. Speaker, I violently
tasagree with the distinguished gentle-
,1^.atn from Michigan (Mr. GERALD FORD),
and his interpretation of the Vanik
ynlendment to the foreign aid bill adopt-
ercl. by the House of Represental;fives last
blilursday evening. This amendment was
designed to prohibit trade credits and
loans to any nation charging an excessive
Nrica fee on emigrating citizens. The
.ii.;'nendment was designed to manifest
America's indignation at Soviet policy in
lsirfling liberty to departing citizens at
p-?ces up to $37,000.
The adoption of this amendment was
ft legraphed immediately to the Krem-
loi, which desperately needs American
vl,,Aeat and other commodities.
f question the interpretation of the
C, ..ate Department which contends that
lie amendment would deprive a:Ld to na-
tions which impose a travel tax on their
citizens. A travel tax is imposed by many
i.itions to protect their balance of pay-
i.fents and to discourage tourism by their
c ^n citizens. In the legislation history on
tlris bill, the amendment is applicable
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S 15880
CONGRESSIONAL RECORD - SENATE
there will be conference reports in the
meantime.
Somewhere in between these measures,
H,R. 13915 will be called up.
Mr. AIKEN. I thank the majority
leader. Hopefully, all the work he has
laid out may be accomplished in less time
than he has indicated.
Mr. MANSFIELD. I hope so.
Mr. ALLEN. Will the Senator yield?
Mr. MANSFIELD. I yield.
Mr. ALLEN. Reserving the right to
make comment, if I say, I would like to
point out to the distinguished majority
leader that the practice of maintaining
a second track, as the Senators from
Alabama has pointed out to the distin-
guished majority leader, could well pre-
vent the Senate from being given an op-
portunity to vote on H.R. 13915.
Mr. MANSFIELD. It is the intention
of the joint leadership to put the so-
called equal educational opportunity bill
on the first track when it is called up.
Mr. ALLEN. Does the Senator mean
by "first track" the unfinished business,
which would come from its having been
once the pending business? -
Mr. MANSFIELD. The Senator is cor-
rect.
Mr. ALLEN. It is the intention of the
leadership to make the equal educational
opportunity bill the pending business
at a time when there is no unfinished
business?
Mr. MANSFIELD. The Senator is cor-
rect.
Mr. ALLEN. "So that. it could then
move to the status of unfinished busi-
ness?
Mr. MANSFIELD. The Senator is cor-
rect.
Mr. ALLEN. If the distinguished ma-
jority leader would bear with the junior
Senator from Alabama one moment
more, could the distinguished majority
leader give the junior Senator from Ala-
bama and those who are greatly in-
terested in this measure some indication
of what would be left for consideration
by the Senate at the time this bill is
made the unfinished business?
Mr. MANSFIELD. No, I cannot. It
would depend on what the situation Is
at the time. It could be the debt ceiling.
it could be an appropriation bill. It
could be a continuing resolution. it could
be a number of bills. But the Senator
need have no concern that there will not
be enough, at least in the leadership's
opinion, to make sure that the leadership
is not attempting an end run around the
proponents of this measure.
Mr. ALLEN. Then, "must" legislation
will be on the Calendar, and by must
legislation, the junior Senator from Ala-
bama means legislation that must of
necessity pass the Senate prior to sine
die adjournment. Must legislation will
be on the Calendar at the time the equal
educational opportunity bill is made the
unfinished business?
Mr. MANSFIELD. Yes. It would come
from the listing of the legislation I have
just given the Senate.
Mr. ALLEN. But some must legislation
would be back of this bill?
Mr. MANSFIELD. Yes. The Senator
is correct.
Mr. ALLEN. I thank the distinguished.
majority leader for that assurance. At
a somewhat later date, then, the ma-
jority leader could be a little more spe-
cific, could he not, in all likelihood, on
this point?
Mr. MANSFIELD. Yes, Indeed, As the
Senator knows, the joint leadership has
indicated that it will endeavor to give
him and the Senate sufficient notice.
Mr. ALLEN. I thank the distinguished
majority leader for the cooperation he
has given us in connection with this
matter and his firm assurances that we
will be given an opportunity to have this
matter considered by the Senate as the
unfinished business before the Senate,
so that it could not be cut off by the
plea of one Senator.
Mr. MANSFIELD. Yes, and before
Mr. President, I ask unanimous con
sent to have printed in the RECORD 1
letter addressed by me to the distin-
guished majority leader on Septem-
ber 25, 1972, in connection with MR.
13915.
There being no objection, the letter
was ordered to be printed in the RECORD,
as follows:
U.S. SENATE,
Washington, D.C., September 25, 1972.
Re H.R. 13915.
Hon. MIKE MANSFIELD,
Majority Leader, U.S. Senate,
Washington, D.C.
DEAR SENATOR MANSFIELD: I greatly ap-
preciate the Joint Memorandum of under-
standing between you and Senator Scott
which was inserted In the Congressional Rec-
ord on September 15, 1972, and also the state-
ments that you made in colloquy with me
on that occasion, all having to do with the
scheduling for consideration by the Senate
of the Equal Educational Opportunity Bill,
H.R. 13915. The Joint Leadership has a
tremendous responsibility in scheduling
legislation, especially in the closing days of
a Congress, and I recognize and appreciate
this.
H.R. 13915 is a most important piece of
legislation that directly affects school chil-
dren throughout the nation, the quality of
education they receive and their health and
welfare. Millions of people throughout the
country, in my judgment, place this piece of
legislation at or near the top in priority of
all the measures now pending before the
Congress.
In looking forward and considering the
possible order of scheduling of the remain-
ing legislation, it occurs to me that by use
of the two track system, any bill which is
not the unfinished business, but on the
second track, is in daily jeopardy, for it would
have to have its life or pendency before the
Senate renewed each day by unanimous con-
sent. Thus, if H.R. 13915 is presented on the
second track, one Senator could, on any
day, prevent further consideration of the
measure on the next day. Such a situation
would make it impossible for a practical
standpoint to bring the bill to a vote.
I would like to see the two track system
continue if it would expedite the business
of the Senate. However, if its continued use
would jeopardize full consideration and a
possible vote on the merits of H.R. 13915,
then I respectfully submit that I would like
to see an end put to the use of the two track
system for the remainder of this session.
If we could be sure that H.R. 13915 will
be made the unfinished business (either by
making it the pending business at a time
when there is no unfinished business or by
September 26, 1972
the leadership moving to supplant the un-
finished business with this measure), at a
time when there are several "must" bills re-
maining on the Senate calendar, this would
prevent the measure being withdrawn from
Senate consideration by one Senator desiring
to do so, and it is the only way to assure
a fair chance of a vote thereon.
I hope that an agreement can be reached
whereby H.R. 13915 will move to unfinished
business status At an early date. In my
judgment, such action on the part of the
leadership would be in line with your memo-
randum and the colloquy following it.
Respectfully,
JAMES B. ALLEN.
Mr. MANSFIELD. Mr. President, I now
yield to the Senator from Nebraska (Mr.
HRUSKA).
EXTENSION OF LIFE OF THE COM-
MISSION ON CIVIL RIGHTS-CON-
FERENCE REPORT
Mr. HRUSKA. Mr. President, I sub-
mit a report of the committee of confer-
ence on H.R. 12652, and ask for its im-
mediate consideration.
The PRESIDING OFFICER (Mr.
ROTH). The report will be stated by
title.
The legislative clerk read as follows :
The committee of conference on the dis-
agreeing votes of the two Houses on the
amendments of the Senate to the bill (11R,
12652) to extend the life of the Commis-
sion on Civil Rights, to expand the jurisdic-
tion of the Commission to include discrimi-
nation because of sex, to authorize appro-
priations for the Commission, and for other
purposes, having met, after full and free
conference, have agreed to recommend and
do recommend to their respective Houses
this report, signed by a majority of the con-
ferees.
The PRESIDING OFFICER. Is there
objection to the consideration of the
conference report?
There being no objection, the Senate
proceeded to consider the report, which
reads as follows:
CONFERENCE REPORT
The committee of conference on the dis-
agreeing votes of the two Houses on the
amendments of the Senate to the bill (H.R.
12652) to extend the life of the Commission
on Civil Rights, to expand the jurisdiction
of the Commission to include discrimination
because of sex, to authorize appropriations
for the Commission, and for other purposes,
having met, after full and free conference,
have agreed to recommend and do recom-
mend to their respective Houses as follows:
That the Senate recede from its amend-
ments numbered 1, 2, 3, 4, 5, 6, 7, and 10.
That the House recede from its disagree-
ment to the amendments of the Senate num-
bered 8 and 9.
PHILIP A. HART,
ROMAN L. HRUSKA,
HUGH SCOTT,
HIRAM L. FONG,
Managers on the Part of the Senate.
EMANUEL CELLER,
JACK BROOKS,
WILLIAM L. HUNGATE,
WILLIAM M. MCCULLOCH,
EDWARD HUTCHINSON,
Managers on the Part of the House.
Mr. HRUSKA. Mr. President, this bill
Is designed to extend the life of the Com-
mission on Civil Rights, to expand its
jurisdiction in some respects, and to au-
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eptenzber 26, 1972 CONGRESSIONAL RECORD - Sew BATE
etfort of his life." The Christianization of
China under Chiang Kai-shek was "a dream
boat glowed like the Grail. It represented
;.'rte consummation of the work his father
and mother had begun when they sailed for
China in 1897." Lure's infatuation with the
(ltiangs was irreverently known as "Harry's
"Ali
ria" among his colleagues. Swanberg ar-
;'-tes that by putting Chiang on Time's cover
;k record seven times between 1927 and 1948,
1.v tireless lobbying on his behalf, Luce was
the prime mover in U.S, support for the Kuo-
ountang. In furnishing scapegoats for the
^nss of China," he further suggests, "prob-
aialy more than any other single force, the
Lucepress channeled the groping and disor-
~-rnized emotions of American distress into
.TcCarthyism."
Swanberg is both amusing and humane
r,bout Luce's personality: his relentless curi-
osity, his humorlessness, his absentminded-
ness about food and dress (the first Mrs.
Lace once called his secretary to ask, "Would
you see if Mr. Luce Is wearing one brown
;hot and one black?'?-he was). Working for
Lore could be nerve-racking; at luncheons
Late would pick out a hapless staffer and
:are questions at him until he became ab-
,orbed in his own thoughts and lapsed into
;s monologue, "dreadfully boring but better
than being on the witness stand. A sum-
)non_s to his office for quick answers to tough
questions was known as the Terror, the Rack
crr the Last Judgment.
"For some godam reason Republicans
can't write," the conservative Luce replied
when asked why he had so many liberals on
his staff. He drove some of the best of them
away during the '40s, notably John Hersey
and Theodore White, and at a dinner In 1952
for the entire Time staff, many of whom had
supported Stevenson against the Boss's
choice, Eisenhower. he delivered a swagger-
ing, resentful speech: "I introduce myself
to von as your boss , . . T guess that means I
could fire any of you..."
His lonely, irritable last years were bright-
ened by experiments with LSD, in which his
wife, Clare, joined him.
Good as it is, "Luce and His Empire" is
disfigured by polemic. While Swanberg says
it would be "excessive" to say that without
Luce there would have been no China Lobby,
No Sen. Joseph McCarthy, no national hys-
teria over Asian Communism, in effect he
seems to attribute every national mistake in
more than three decades to Luce's unascer-
,ainable power over the American mind. A
portentous purple passage worthy of Time at
its L test describes "the Luce-press ... per-
meating the atmosphere with an informa-
tional smog so expertly generated that for a
time the only smarting eyes and protesting
lungs seemed those of a few discerning
Democrats, radicals, collegians and labor
leaders-" Swanberg rhetorically asks "how
nttch of the cost to America In its stagger-
ing decay of democracy, law, national unity
spirit" can be laid to Luce's journalism,
then leaves the question hanging. Once he
u;-en allows himself to call Vietnam "his
rv wr"-that is, Luce's.
In indicting Luce for the manipulation of
opinion, his biographer should be above re-
proacb... When the German Der Spiegel re-
to 1,uce as one of the U.S.'s seven most
powerful men, Swanberg comments: "That
tress of being among the seven most pow-
tar, ul must have interested Luce, Who in hell
were the other six?" And who in hell, a reader
_ wv wonder, is the authority for that last
_:eiitenee? Swanberg here invents a sentiment
l c+r Luce in the style of the notorious un-
+.de?.ntilied bystander in Time stories who used
':o -;peals conveniently for the management.
-Inn't. admire Luce any more than Swan-
berg does. I'm only sorry to see Swanberg
rosorting to some of Luce's techniques,
11r. P ULBRIGHT. It is a very fascinat-
ing observation about how it is that we
find ourselves in this extremely Berk:
foreign policy situation.
Mr. President, does the Senator fyi:: 1
Pennsylvania wish to take the floor : -
this time? I was going to comment rath
loosely upon some of his previous rf
marks, but I do not wish to inconvenience
the Senator.
Mr. SCOTT. No, I have no objectiot
The Senator can go right ahead and h r
loose, and I shall be back in a niomer_o
Mr. FULBRIGHT. Perhaps, since tia.
Senator is leaving the floor, I shout,
reserve these remarks until he return,
so I shall delay just a moment.
Since I was speaking of "Luce and Hi.
Empire," it is rather interesting that ii!
the Insertion I put in the RECORD yester-
day at page-S15787, it will be noted that,
among the commodities approved far
funding under U.S. grant agreement,
with Cambodia through March 1972
Time magazine was one of the commodi.
ties which the foreign aid bill helped
to pay for, to send into Cambodia.
There are many other things: air-
conditioning equipment, of course, and
battery chargers and all kinds of account-
ing machines, padlocks, brewery supplies,
bottle tops-$19,000 worth of bottle
tops-cellophane tape, cigarette manu-
facturing materials is a very minor one,
garden hose, adding machines, calcula-
tors, typewriters, pen refills-4 million
pen refills for the 7 million people in
Cambodia. Colored plumbing fixtures,
and so on. I presume that it is a sort
of self-perpetuating empire we build: We
put so much money into these countries
under the aid bills that then they are in
a position to order colored plumbing fix-
tures from the United States as in the
case of Cambodia, where I am sure they
are great status symbols.
So there are many otherthings besides
bribes to opposition legislators that this
bill will pay for, and we ought to be very
proud of the great contributions we make
to the societies of these various coun-
tries, especially in Southeast Asia.
(This marks the end of the proceedings
which occurred during the debate on the
Foreign Assistance Act of 1972 and which
by unanimous consent were ordered to be
printed at this point in the RECORD.
CONSUMER PROTECTION ORGA -
NIZATION ACT OF 1972
The PRESIDING OFFICER (Mr.
ROTH). Under the previous order, the
Chair now lays before the Senate the
unfinished business, which the clerk will
state.
The assistant legislative clerk read as
follows:
A bill (S. 3970) to establish it Council of
Consumer Advisers in the Executive Office of
the President, to establish an independent
Consumer Protection Agency, and to author-
ize a program of grants, in order to protect
and serve the interests of consumers. and for
other purposes.
The PRESIDING OFFICER. Without
objection, the Senate will proceed to its
consideration. The Senator from Mon-
tana is recognized.
Mr. MANSFIELD. Mr. President, I
yield to the Senator from Alabama with-
out relinquishing my right to the floor.
S 15879
VISIT TO THE SENATE BY MEMBERS
OF THE SWEDISH RIKSDAG
Mr. SPARKMAN. Mr. President. I
would like to introduce a distinguished
group of visitors to the U.S. Senate. This
lady and these gentlemen are partici-
pants in a study visit to the United
States and Canada and are members of
the Committee on Constitutional Mat-
ters of the Swedish Riksdag.
I might say they came in just as we
started on this series of 'rotes on the
foreign assistance bill, so they have had
quite a remarkable experience, I think,
in seeing how Senators vote.
I present: Mr. Erik Adanisson, Mr.
Erik Nelander. Mr. Allan Hernelius, Mrs.
Gunbjorg Thunvall, Mr. Karl Boo, Mr.
Hilding Johansson, Mr. Holger Mossberg,
Mr. Marten Werner, Mr. Olof Svensson,
Mr. Bertil Fiskesjo, Mr. Gu,;ti Gustavs-
son, Mr. Bjorn Molin, Mr. Msxtin Olsson,
Mr. Beret Nilsson, and Mr, Ake Wic-
torsson.
(Applause, Senators rising.]
ascEss
Mr. SPARKMAN. Mr. President, I ask
unanimous consent that the Senate stand
in recess in order that my colleagues may
have the opportunity to greet these dis-
tinguished foreign visitors.
The PRESIDING OFFICER. Without
objection, the Senate will stand in recess
Subject to the call of the Chair.
Whereupon, at 2:49 p.m., the Senate
.ook a recess subject to the call of the
Chair.
The Senate reassembled at 2:54 p.m.
when called to order by the Presiding Of-
'cer (Mr. ROTH).
PROGRAM
Mr. AIKEN. Mr. President, may I ask
`.:ie majority leader what the schedule is
1. ;r the rest of the day, the rest of the
w eek, the rest of the month, and possibly
re rest of the year?
Mr. MANSFIELD. Mr. President, the
oo iestlon raised is too all-encompassing,
i,t I believe the pending business now is
3970. Is that correct?
The PRESIDING OFFICER. The Sen-
lit it is correct.
!YIr. MANSFIELD. It is the intention of
ti_; joint leadership on tomorrow to call
ut H.R. 1 and make it the first ixack in
l u; .:station,
Ve hope, also, that it will be possible
to et to the rivers and harbors bill this
wok.
'.-he pension bill is in a state of limbo
at the present time. We do not, know
w} .t thesituation is.
dr. is anticipated that the foreign as-
siic ?. 'nee appropriations bill will be re-
por.ad to the full committee probably on
Wt:" nesday, that the Labor-HEW ap-
pro, :nations will be reported on Monday
or 'T'uesday to the full committee, and
the t the Defense appropriations will be
reps .rted to the full committee on Thurs-
day of this week.
lit Jtary construction appropriations
will -ome up next week.
St )elemental appropriations will come
uptti;a week after that.
't' debt ceiling will come i.i-, there, and
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 September 26 ppped For Rebell?(~/$~$81-1Fp0100050006-3
thorize appropriations for the Commis-
sion's work.
In all, 10 amendments were considered
in the conference. Seven were technical
and consisted chiefly of renumbering
amendments. The Senate receded on all
seven of those amendments.
On amendments 8 and 9, the House
receded. The amendments authorized ap-
propriations for the fiscal year 1973 in
the amount of $5.5 million, and in the
case of fiscal years 1974 through 1978 in
annual amounts of $7 million. The House
figures in those instances were $6.5 mil-
lion and $8.5 million, respectively. But
the House receded on those two amend-
ments. -.1
Amendment 10 consisted of title II,
which was a bill for the protection of the
constitutional rights of Government em-
ployees. That was one of the chief sub-
jects of discussion during the course of
the conference sessions. The parliamen-
tary difficulties which would have been
encountered, had that amendment been
retained in the other body, would have
been quite difficult. There would have
been obstacles of a substantial nature at
this late hour in the congressional ses-
sion which might have worked even a
greater hardship than they normally
would.
It was chiefly out of deference, and not
a shortage of conviction on the part of
some of the conferees, that the Senate
did recede on that amendment, and pro-
ceeded to reach an agreement.
Mr. President, I ask unanimous consent
that the requirement to print the con-
ference report as a Senate report be
waived.
The PRESIDING ? OFFICER (Mr.
ROTH). Without objection, it is so or-
dered.
Mr. ERVIN. Mr. President, I should
like to make one observation with respect
to the conference report. I cannot agree
to it, but I should like to thank the con-
ferees on the part of the Senate who par-
ticipated in the conference for the fact
that they stood by the Senate amend-
ment which consisted of title II until it
became apparent to them that if they
continued to do so it might jeopardize
passage of the legislation entirely and
then, and then only, the Senate voted to
recede on title II.
This title is one that I hope to get
passed in the next session. It embodies
what is called the civil rights of Federal
employees. I think it is legislation of
great importance. It has passed the Sen-
ate several times, the last two times with-
out opposition. Thus far, we have been
unable to get the House to take action on
it. The Senate conferees stood as long as
they reasonably could for the position of
the Senate and I want to thank them for
doing so.
Mr. JAVITS. Mr. President, may I ask
the Senator from Nebraska a question?
Could we know how the money author-
ization for the commission stands?
Mr. HRUSKA. Yes. For fiscal year 1973
the House had asked $6.5 million. The
Senate version was $5.5 million. The
House receded, so the $5.5 million is au-
thorized for this current fiscal, year.
For fiscal years 1974 through 1978, the
House version was $8.5 million. The Sen-
ate version was $7 million-the latter
figure prevailed, the House having re-
ceded.
Mr. JAVITS. In each case, the Senate
figure prevailed.
Mr. HRUSKA. That is correct.
Mr. JAVITS. Does the Senator know
whether the agency itself or the com-
mission itself is restive, or that they in-
dicated any opposition?
Mr. HRUSKA. The commission itself?
Mr. JAVITS. Yes.
Mr. HRUSKA. I think it; would be safe
to say that the Commission on Civil
Rights would have preferred the higher
figure but the wisdom of the conference
was that it should not be so.
Mr. JAVITS. What I meant was, did
they react in any way?
Mr. HRUSKA. No, not since the con-
ference.
Mr. JAVITS. Not since the conference.
May we know how that compares with
what they got in fiscal 1972?
Mr. HRUSKA. I do not have that exact
figure available to me right now, but it
is an increase. .
Mr. JAVITS. The Senator does not
know how much, or what the amount is,
or anything else? If the Senator would
not mind, I should like to find out, so if
the Senator would indulge me, it will take
only a few minutes, I should like to sug-
gest the absence of a quorum.
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. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. HRUSKA. Mr. President, I yield
further to the distinguished Senator from
New York (Mr. JAVXTS).
Mr. JAVITS. Mr. President, I have as-
certained that the figure for 1972, ac-
cording to the veto of the appropriation
bill for HEW, et cetera, was $4,820,000.
And the same figure is contained in the
so-called new HEW appropriations bill.
I regret that the lowest figure was ac-
cepted. I think that the work of the com-
mission is critically important. However,
in view of the fact that the commission
itself has not seen fit to utter any par-
ticularly decided complaint and that the
figures exceed $7 million annually and
$5.5 million for the first year and exceed
the figures provided in the appropria-
tions bill, I shall interpose no further obi
ROTH) . The question is on agreeing to th
conference report (putting the question)
ORDER FOR RECESS UNTIL 9 A.M.
TOMORROW
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that, when the
Senate completes its business today, it
stand in recess until 9 a.m. tomorrow.
The PRESIDING OFFICER. Without
objection, it is so ordered.
S 15881
ORDER FOR RECOGNITION OF SEN-
ATORS BELLMON, CHURCH, MOSS,
AND BAYH TOMORROW
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that, following
the remarks of the two leaders tomorrow
under the standing order, the following
Senators be recognized, each for not to
exceed 15 minutes and in the order
stated: Senators BELLMON, CHURCH,
Moss, and BAYH.
The PRESIDING OFFICER. Without
objection, it is so ordered.
ORDER FOR RECOGNITION OF SEN-
ATOR ROBERT C. BYRD AND SEN-
ATOR SCOTT TOMORROW
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that at the con-
clusion of the aforementioned orders, the
following Senators be recognized tomor-
row for not to exceed 10 minutes: Sena-
tors ROBERT C. BYRD and SCOTT.
The PRESIDING OFFICER. Without
objection, it is so ordered.
LEGISLATIVE PROGRAM
Mr. ROBERT C. BYRD. Mr. President,
for the Information of the Senate, at
some time in the afternoon the leadership
may, depending on the movement with
respect to S. 3970 at that time, decide to
take up any one or more of the follow-
ing measures, on each of which there is a
time limitation agreement:
H.R. 10729, an act to amend the Fed-
eral Insecticide, Fungicide, and Rodenti-
cide Act.
S. 3987, the Vocational Rehabilitation
Act.
S. 3994, a bill to assure that the public
is provided with an adequate quantity of
safe drinking water.
Mr. President, I just state this as a
possibility so that Senators will not feel
that all the yea-and-nay votes have been
completed for today and that there will
be no more. It is possible, even likely,
that there could be other yea-and-nay
votes today.
Mr. ALLEN. Mr. President, will the
Senator yield for a moment?
Mr. ROBERT C. BYRD. Yes. I yield
gladly.
Mr. ALLEN. Do I understand that the
distinguished and able assistant majority
leader mentioned the possibility that the
leadership would call up on tomorrow
H.R. 10729?
Mr. ROBERT C. BYRD. No. Either the
Senator misunderstood or I misspoke
myself. I said there was a possibility,
later on today, that the leadership would
call it up.
Mr. ALLEN. I did misunderstand and
thank the Senator. There is a chance,
then, that the bill will be called up and
there has been a compromise reached on
it. It will take only a short time to pass
the bill. Possibly later on this afternoon
it will be brought up, then?
Mr. ROBERT C. BYRD. Yes.
Mr. ALLEN. I thank the distinguished
and able assistant majority leader.-
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 15882 Approved For(~ft!TE ?BP81
".)NSUMER PROTECTION ORGANI-
ZATION ACT OF 1972
The Senate continued with the con-
;icleration of the bill (S. 3970) to estab-
lish a Council of Consumer Advisers in
_ ie Executive Office of the President, to
?;ta blish an independent Consumer Pro-
-.;-tion Agency, and to authorize a pro-
r ui of grants, in order to protect and
:!rve the interests of consumers, and
F):r other purposes.
The PRESIDING OFFICER. The ques-
?,ii,n is on agreeing to the amendment of
no Senator from Alabama.
Mr. ERVIN. Mr. President, I suggest
the absence of a quorum.
The PRESIDING OFFICER. The clerk
,viii call the roll.
The second assistant legislative clerk
_,roceeded to call the roll.
Mr. RIBICOFF. Mr. President, I ask
!nianimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without
oniection, it is so ordered.
v r. MOSS. Mr. President. I urge the
iection of the amicus amendment. It
been discussed to death. it has been
oted down by the Government Opera-
l:is:)ils Committee in executive session. It
,i? as defeated by a vote of 240 to 149 in
the House during its consideration of
t:: ie Consumer Protection Agency bill. Let
:;; now give this amendment the fitting
ea.rial it deserves, and join with those
,who have previously considered the
imnicus amendment and rejected it.
Mr. RIBICOFF. Mr. President, I ask
1A. the yeas and nays on the pending
Allen amendment.
!'lie yeas and nays were not ordered.
Mr. RIBICOFF. Mr. President, I sug-
;est the absence of a quorum.
The PRESIDING OFFICER. The clerk
%, ill call the roll.
The legislative clerk proceeded to call
roll.
Mr. HANSEN. Mr. President, I ask
lnanimous consent that the order for
'.he quorum call be rescinded.
The PRESIDING OFFICER. Without
4hjection, it is so ordered.
Efr. HANSEN. Mr. President. I ask
_:;oanimous consent that during the de-
bate and the vote on the pending bill,
member of my staff, Miss Joann Reed.
The ?riven the privilege of the floor.
The PRESIDING OFFICER. Without
,A)jection, it is so ordered.
Mr. RIBICOF'F'. Mr. President. I move
r lay the pending Allen amendment on
r table.
ask for the yeas and nays.
The PRESIDING OFFICER. There is
lot a sufficient second.
CALL OF THE ROLL
tic. ERVIN. Mr. President. I suggest
?ie absence of a quorum.
The PRESIDING OFFICER. The clerk
Ili call the roll.
l lie legislative clerk called the roll, and
l _ following Senators answered to their
.:,sues :
No. 473 heg.]
Cooper Hniska
k ast aiz*_i Hughes
rd, Robert C. Ervin Javits
anon Hansen. bia>gnuson
ak dart MansReld
Moss Randolph aten.nis
Muskie Ribicea Tariniadge
Pastore Roth Young
Pearson Smith
Percy Sparkman
The PRESIDING OFFICER. A quoru
is not present.
Mr. MANSFIELD. Mr. Presi dent,
move that the Sergeant at Army be el
rected to request the attendance of al
sent Senators.
The PRESIDING OFFICER. 7-le quo.
tion is on agreeing to the motio:,i of t1
Senator from Montana.
The motion was agreed to.
The PRESIDING OFFICER. The Se,
geant at Arms will execute the order the Senate.
After some delay, the following Sena
tors entered the Chamber and answer
to their names:
Aiken
Curtis
Long
Allott
Dole
Mathias
Anderson
Dominick
McClellan
Beall
Edwards
Miller
Bellmon
Fannin
Mondele
Bennett
Fong
Montoya
Bentsen
Fulbright
Nelson
Bible
Gambreli
Packw-iod
Boggs
Gravel
Proxm.:re
Brooke
Gurney
dchwe:ker
Burdick
Harris
SteveLs
Byrd.
Hartke
Steverson
Harry F., Jr.
Hatfield
Symin_ton
Case
Hollings
Tnurn:ond
Chiles
Inouye
Tower
Church
Jackson
Tunnry
Cotton
Jordan, Idaho
Weick,T
Cranston
Kennedy
3 # R000100059,9~gPfj er, 26, 1972
and Mr. TAFT) and the Senator from
Vermont (Mr. STAFFORD) are absem on
official business to attend the Interpar-
Iiamentary Union meetings.
The result was announced-yeas 49,
nays 31, as follows:
[No. 479: Leg.
YEA' -4
Anderson
Harris
:velacn
Bayh
Hart
Packwood
Bentsen
Hartke
:Pastore
Bible
Hatfield
Pearson
Boggs
Hollings
Percy
Brooke
Hughes
:Proxmire
Burdick
Inouye
Randolph
Byrd, Robert C. Jackson
Ribicoff
Cannon
Javits
Roth
Case
Kennedy
)3chweiker
Chiles
Magnuson
Smith
Church
Mansfield
I
Stevens
Cook
Mathias
Stevenson
Cranston
Mondale
Symington
Ervin
Montoya
'Tunny
Fulbright
Moss
Gravel
Muskie
NAYS-31
Aiken
Dole
Long
Allen
Dominick
McCi dllan
Allott
Eastland
Miller
Beall
Edwards
Sparkman
Bellmore
Fannin
Stennzia
Bennett
Fong
'raimadge
Byrd,
Gambrels
'rhurinonl
Harry F,, Jr.
Gurney
Tower
Cooper
Hansen
Weicker
Cotton
Hruska
Youn;;
Curtis
Jordan, Idaho
NOT VOTING--20
Baker
Jordan, N.C.
Saxbe
Brock
McGee
3cott
Buckley
McGovern
Spon t
Lagleton
McIntyre
Stafford
Goldwater
Metcalf
raft
Griffin
Mundt
Williams
Humphrey
Pell
The PRESIDING OFFICER.
quorum is present.
Mr. RIBICOFF. Mr. President, I a,
for the yeas and nays.
The yeas and nays were ordered.
The PRESIDING OFFICER. Ti.
question is on agreeing to the motion 1-
table table the amendment of the Senat4
from Alabama. On this question he ye,
and nays 'have been ordered, and tI,
clerk will call the roll.
The legislative clerk called tha roll.
Mr. ROBERT C. BYRD. I almourr
that the Senator from Missouri (ltf
EAGLETON), the Senator from Minnesoa
,Mr. HUMPHREY), the Senator fro.:..
South Dakota (Mr. McGovER1), tl
Senator from New Hampshire (TvIr. Mt
INTYRE). the Senator from Montana (M
METCALF), the Senator from Rhode I?
land (Mr. PELL), the Senator from Vi
ginia (Mr. SPOxo). and the Senator fro!
New Jersey (Mr. WILLIAMS) are nece
sa.rily absent.
I further announce that the Senate,
from Wyoming (Mr. McGEE) and tl
Senator from North Carolini (M
JORDAN) are absent on official t_usines?
I further announce that, if present as:
voting, the Senator from Minnesol,
(Mr. HUMPHREY). the Senator fro,,
South Dakota (Mr. McGovERN 1, the Set
ator from New Hampshire (Mr McIr.
TYRE). and the Senator from New Jerst
(Mr. WILLIAMS) would each vote "yea
Mr. COTTON. I announce tiat t?
Senators from Tennessee (Mr. BAKER axis
Mr. BRocx), the Senator from New Yoi
clvlr. BUCKLEY), the Senator from Ar:
Bona (Mr. GOLDWATER), the Senator fro,:,:=-
Michigan (Mr. GRIFFIN), and the Sens,
for from Pennsylvania (Mr. SccTT) at
necessarily absent.
The Senator from South Dakota (Mr
MUNDT) is absent because of illness.
The Senators from Ohio (MI. SAxr:.
So the motion to table Mr. ALLEN'S
amendment No. 1568) was agreed to.
Mr. ERVIN. Mr. President, I move to
reconsider the vote b:; which the amend-
ment was laid on the table.
Mr. JAVITS. Mr. President, I move to
lay that motion on the table.
Mr. ALLEN. Mr. President, I ask for
the yeas and nays.
The yeas and nays were ordered.
The PRESIDING OFFICER Mfr.
RoTIr). The question is on agreeing, to
the motion to table the motion to re-
consider the vote by which the rAlen
amendment was laid on the table.
On this question the yeas and !lays
have been ordered, and the clerk will
call the roll.
The assistant legislative clerk called
the roll.
Mr. ROBERT C. BYRD? I announce
that the Senator from Missouri i Mr.
EAGLETON), the Senator from Oklahoma
(Mr. HARRIS), the Senator from Minne-
sota (Mr. HUMPHREY). the Senator from
New }lamp.>hire (Mil. MCINTYRE), the
Senator from Montana (Mr. METCALF),
the Senator from Rhode Island Mr.
PELL), the Senator from Virginia Mr.
SPoNG), the Senator from New Jersey
(Mr. WILLIAMS), the Senator from South
Dakota, (Mr McGOVERh), and the Sen-
ator from New Mexico (ir. MONTOYA)
are necessarily absent.
I further announce that the Senator
from North Carolina (Mr. JORDAN) and
the Senator fl om Wyoming (Mr. MCCEE.)
are absent on official business.
I further announce that, if present and
voting, the Senator from Minnesota Mr.
HUMPHREY), the Senator from South
Dakota (Mr. McGovERN), the Senator
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