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The original documents are located in Box 16, folder "Legislation - General (1)" of the Loen and Leppert Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. SHORT TITLE & BILL NUMBER HOUSE Digitized from Box 16 of the loen and Leppert Files at the Gerald R. Ford Presidential Library SENATE REMARKS (1 AGRICULTURE OVER BUDGET IN BOTH APPROPRIATIONS HOUSES: PROBLEMS IN PASSED OCTOBER 9, 1974 PENDING IN COMMITTEE OSHA: ABORTION. SENATE H.R. 16901 MAY DELAY UNTIL JANUARY. LABOR/HEW FORD APPROPRIATIONS LEFERY PASSED JUNE 27, 1974 PASSED SEPTEMBER 18, 1974 WENT TO CONFERENCE H.R. 15580 SEPT. 19th. MAY BE HELD UNTIL JANUARY. DEPALS MILITARY CONS- TRUCTION APPRO- FULL COMMITTEE MAY CONSIDER AWAITING HOUSE ACTION NO AUTHORIZATION PRIATIONS (NOT ON NOVEMBER 20 & ON FLOOR INTRODUCED, NO NOVEMBER 22, 1974, PENDING AUTHORIZATION AUTHORIZATION. FOREIGN ASSIST- NO AUTHORIZATION ANCE APPROPRIATIONS WAITING AUTHORIZATION AWAITING HOUSE ACTION EXPECTED BEFORE (NOT INTRODUCED, THANKSGIVING NO AUTHORIZATION) FIRST SUPPLE- MENTAL APPRO- PASSED OCTOBER 2, 1974 REPORTED OUT OF COMMITTEE PENDING SENATE FLOOR PRIATIONS OCTOBER 9, 1974 ACTION: $200 MILLION OVER BUDGET H.R. 16900 $300 BILLION CEILING PASSED OCTOBER 11, 1974 NO ACTION YET S. 4113 H. CON. RES 667 NAT'L COMMISSION ON REGULATORY REFORM PENDING IN COMMERCE PENDING IN GOVERNMENT H.R. 17417 COMMITTEE OPERATIONS COMMITTEE S. 4145 RICE ACT REPORTED BY AGRICULTURE COMMITTEE AUGUST 21, 1974; RULES MAY RECONSIDER H.R. 15263 PENDING BEFORE RULES COMMITTEE NO ACTION YET SHORT TITLE & (2 BILL NUMBER HOUSE SENATE REMARKS PEANUT ACT PENDING IN AGRICULTURE H.R. 15755 COMMITTEE NO ACTION YET FORD EXTRA LONG STAPLE COTTON PENDING IN HOUSE AGRICULTURE NO ACTION YET NO CHANCE THIS 038839 H.R. 11598 COMMITTEE SESSION P.L. 480 AMENDMENT NOT YET SUBMITTED ANTITRUST PENALTIES S. 782, SIMILAR BILL, REPORTED S. 782, SIMILAR BILL, EFFORT WILL BE MADE BY JUDICIARY COMMITTEE ON PASSED ON JULY 18, 1974 ON HOUSE FLOOR TO H.R. 17063 OCTOBER 11, 1974 INCREASE PENALTIES TO CONFORM TO PRESIDENT'S PROPOS SPECIAL UNEMPLOY- MENT COMPENSA- TION ACT PENDING EDUCATION & LABOR PENDING LABOR COMMITTEE JOINT HEARINGS HAVE H.R. 17218 COMMITTEE BEEN HELD S. 4129 SURFACE TRANS- PORTATION ACT COMMERCE COMMITTEE REPORTED H.R. 5385 SEPTEMBER 26, 1974; PENDING PENDING BEFORE SENATE S. 3237 BEFORE RULES COMMITTEE COMMERCE COMMITTEE FINANCIAL INSTITUTIONS PENDING BANKING & CURRENCY HEARINGS COMPLETED IN COMMITTEE BANKING & CURRENCY H.R. 10990 SEPTEMBER 25, 1974 S. 2591 SURTAX WAYS & MEANS HELD HEARINGS OCTOBER 9 & 10 AS PART OF TAX NO ACTION NO ACTION FORESEEN REFORM BILL SHORT TITLE & BLLL NUMBER HOUSE SENATE REMARKS (3 JUSTICE INVESTI- GATION POWERS - (ANTITRUST CIVIL PENDING JUDICIARY COMMITTEE NOT INTRODUCED PROCESS ACT) H.R. 13992 TRADE REFORM ACT WAYS & MEANS COMMITTEE REPORTED FORD H.R. 10710 OCTOBER 10, 1973; PASSED SENATE FINANCE COMMITTEE IN LOGJAM BROKEN; 'y DECEMBER 11, 1973 MARK UP OPTIMISTIC OUTLOOK LOBRARY GERALD PREFERRED STOCK DIVIDENDS IN DRAFT FORM BEFORE WAYS & MUST AWAIT HOUSE ACTION FIRST MEANS COMMITTEE INVESTMENT TAX CREDIT IN DRAFT FORM BEFORE WAYS & MEANS COMMITTEE MUST AWAIT HOUSE ACTION FIRST DEEPWATER PORTS PUBLIC WORKS COMMITTEE REPORTED COMMITTEES DISCHARGED OCTOBER 9, HOUSE OBJECTED H.R. 10701 NOVEMBER 28, 1973; PASSED 1974; PASSED OCTOBER 9, 1974 OCTOBER 16, 1974 TO S. 4076 JUNE 10, 1974 SEND BILL TO CONFERENCE SURFACE MINING INTERIOR COMMITTEE REPORTED MAY INTERIOR COMMITTEE REPORTED IN CONFERENCE WHICH H.R. 11500 30, 1974; PASSED JULY 25, 1974 SEPTEMBER 21, 1973; PASSED RESUMES NOVEMBER S. 425 OCTOBER 9, 1973 19, 1974 NUCLEAR PLANT LICENSING REFERRED TO JOINT COMMITTEE ON ATOMIC H.R. 15987 ENERGY; HEARINGS 3/19/74; NO FURTHER ACTION CAPITAL GAINS LIBERALIZATION IN DRAFT FORM BEFORE WAYS & MUST AWAIT HOUSE ACTION FIRST MEANS COMMITTEE (4) BILL NUMBER HOUSE SENATE REMARKS CLEAN AIR AMENDMENTS Pending Before Commerce Committee Pending Before Public Works Committee No Action Expected S. 3287 H.R. 13894 GAS DEREGULATION H.R. 7507 Pending Before Commerce Committee Commerce Committee concluded S. 2048 hearings; No Action FORD WINDFALL W & M Comtee reported 5/2/74; Rules PROFITS Comtee held hearings; Back to W & M; No Action Yet tax reform legislation in modified form. H.R. 14462 NAVAL PETRO- House Armed Services Committee LEUM RESERVES Different Bill pending in House Passed 12/19/73 H.J. Res. 832 Interior Committee issued negative report S.J. Res. 176 FOREIGN AID Foreign Affairs Committee reported Scheduled for House Floor AUTH. Senate reported & recommitted by 10/11/74; Pending before Rules S. 3394 Floor action 10/2/74 after Thanksgiving H.R. 17234 NEW FEDERAL JUDGESHIPS Not Introduced Pending Senate Judiciary Committee S. 597 MILITARY CON- Armed Services Committee reported Armed Services Committee reported Ready to go to Conference STRUCTION AUTHORIZATION 7/31/74; Passed 8/9/74 9/5/74; Passed 9/11/74 H.R. 16136 S. 3471 VETERANS EDUCATION Conference Report Passed 10/10/74 Conference Report Passed 10/10/74 Held by Senate to avoid Veto H.R. 12628 BILL NUMBER HOUSE SENATE REMARKS (5) FEDERAL MASS Conference Report Pending Before Conference Report Pending TRANS. Senate Expected to Consider on Rules Committee Senate Action S. 386 November 20 EX - IM BANK Passed 8/21/74 Passed 9/19/74 Conference Concluded 10/8/74; H.R. 15977 Action Expected Soon ASIAN BANK H.R. 11666 Banking Committee reported on 1/21/74 Passed 8/1/74 Scheduled for House Floor 11/26/74 S. 2193 Pending Floor Action AFRICAN DEVEL. FORD LIBRAR, BANK Pending B & C Committee Passed 7/30/74 No Chance S. 2354 ILLEGAL ALIENS Passed 5/3/74 Pending Senate Judiciary Committee H.R. 982 PUBLIC BROAD- CASTING Senate Commerce reported to Pending House Commerce Committee H.R. 16139 Senate APPROP for concurrence S. 3825 PRIVACY (General) Reported by Government Operations H.R. 16373 Reported by Government Operations S. 3418 9/12/74 8/20/74 DEFERALLS & Sent to Speaker & referred to House Sent to President Pro Tem; jurisdic- Mahon will introduce package bill RECISSIONS Approp. Committee for consideration tional problem between substantive in lame - duck session. (5 packages) (different dates) comtee & approp. comtee. (different dates) SHORT TITLE (6) BILL NUMBER HOUSE SENATE REMARKS AMEND EMPLOY- MENT ACT of 1946 Pending before House H.R. 17142 Government Operations Comtee. TAX REFORM Must await House action first BILL GERRAL FORD LIBRARY ACTION August 21, 1974 MEMORANDUM FOR THE PRESIDENT FROM: William E. Timmess SUBJECT: Congress There is some movement within Congress to have a Inmo duck session. Pressure to mounting for this Congress to: + confirm Reckefeller - enset Health Insurance - raise Members' salaries . enset Tax Reform - clean up other outstanding legislation Some point out these Items cannet be handled in short September-October term. Also, Members can tell the veters they haven't finished their work and will return to complete action on nation's pressing problems, etc. This obviously works for re-election of insumbents. I feel s lame duck session would be a disaster from the Administration's point of view and recommend you talk privately with Scett, Rhodes, Manafield and the Speaker to try to have size die adjourament by mid-October at intest. AGREE DESAPPROVE SEE ME FORD & LIBRARY GERALD MESSAGE OUTLINE WINTER TERM OF 93RD CONGRESS I. INTRODUCTION Elections over; much work to be done. II. NOMINATIONS Nelson Rockefeller 46 lapsed nominations resubmitted Additional nominations to be submitted III. VETOES Legal situation of pocket vetoes (Counsel) Burt, Pope, Kennedy Private Relief (H. R. 6624) (Justice) marp Private Relief (H. R. 7768) (Justice) National Wildlife Refuge (H. R. 11541) (Interior) Farm Labor Registration (H. R. 13342) (Labor) AEC Amendments (H.R. 15323) (AEC) Rehabilitation (H. R. 14225) (HEW) Freedom of Information (H. R. 12471) (Justice) IV. APPROPRIATIONS Agriculture H (Ag) Labor-HEW HS (Labor-HEW) Military Construction (DOD) Foreign Assistance (State-AID) 1st Supplemental H (OMB) V. ECONOMY Four packages of deferrals and rescissions (OMB) Legislative economies upcoming (OMB) $300 billion ceiling H (OMB) Amend Employment Act of 1946 (OMB) Commission on Regulatory Reform (OMB) Rice (Ag) Peanuts (Ag) FORD & LIBRARY 07WN33 - 2 - Extra-long staple cotton (Ag) PL 4S0 Amendment (Ag) Antitrust Pénalties S (Justice) Justice investigation powers (Justice) Special Unemployment Assistance (Labor) Surface Transportation Act (DOT) Financial Institutions (Treas) Surtax (Treas) Trade Reform H (CIEP) Capital gains liberalization (Treas) Preferred Stock Dividends (Treas) Investment tax credit (Treas) VI. ENERGY Deepwater Ports HS (Interior) Surface Mining HS (Interior) Nuclear Plant Licensing (AEC) Clean Air Act Amendments (EPA) Gas Deregulation (FEA) Windfall Profits Tax & relief for poor (Treas) Coal conversion soon (FEA) Naval Petroleum Reserves S (Interior) VII. OTHER Foreign Aid Authorization (State-AID) Federal Mass Transportation HSC (DOT) New Federal Judgeships (Justice) Military Construction Authorization HS (DOD) Veterans Education HSC (VA) Ex-im Bank (X-M) Asian and African Bank S (Treas) Illegal Aliens H (Justice) Public Broadcasting - (OTP) Privacy (Counsel) FORD LIBRARY August 12, 1974 MEMORANDUM FOR: GENERAL ALEXANDER HAIG FROM: WILLIAM E. TIMMONS SUBJECT: Legislative Issues By Tuesday merning Roy Ash, Ken Cole and I will have prepared brief papers on legislative issues listed in tab A. The President will want to study the Administration's current policy positions and decide if he wishes to express different views. The President must fecus on these issues immediately because most are nearing final stages in the legislative process. I de not believe the President should exercise a pecket vato during the August summer break so congres- sional leaders will want to hold objectionable measures until the September term. FORD & GERALD LIBRARY Education Bill Trade Reform OEO Transfer Housing and Urban Development Federal Mass Transit Pension Reform Censumer Protection ERDA-NEC Cargo Preference Energy Taxes Tax Reform Freedom of Information Agriculture Appropriations Veto State Department Authorization Vietaam Veterans Assistance Surface Mining Juvenile Delinquency White House Authorization National Health Insurance Campaign Reform FORD is LIBRARY S 14704 CONGRESSIONAL SENATE August 12, 1974 (with accompanying papers). Referred to the A resolution from the Common Council STATEMENTS ON INTRODUCED Committee on the Judiciary. of the city of Buffalo, relative to national BILLS AND JOINT RESOLUTIONS THIRD PREFERENCE AND SIXTH PREFERENCE priorities. CLASSIFICATIONS FOR CERTAIN ALIENS By Mr. SPARKMAN for himself and Mr. TOWER): A letter from the Commissioner, Immigra- tion and Naturalization Service, Department REPORTS OF COMMITTEES S. 3894. A bill to establish the Cost of of Justice, transmitting. pursuant to law, re- Living Task Force. Referred to the Com- ports relating to third preference and sixth The following reports of committees mittee on Banking. Housing and Urban preference classification for certain aliens were submitted: Affairs. (with accompanying papers). Referred to the By Mr. MAGNUSON, from the Committee Mr. SPARKMAN. Mr. President, on Committee on the Judiciary. on Commerce, without an amendment: behalf of myself and Senator TOWER, I SUSPENSION OF DEPORTATION OF CERTAIN S. 2308. A bill to amend section 2 of title introduce for appropriate reference a ALIENS 14, United States Code, to authorise icebreak- bill to establish a Cost of Living Task Two letters from the Commissioner, Immi- ing operations in foreign waters pursuant to Force. gration and Naturalization Service, Depart- international agreements. and for other I ask unanimous consent that the bill ment of Justice, transmitting pursuant to purposes (Rept. No. 93-1084). By Mr. MAGNUSON, from the Committee and the letter of transmittal from the law, copies of orders suspending deportation on Commerce, with an amendment: President to the Congress upon the sub- of certain aliens (with accompanying pa- pers). Referred to the Committee on the Ju- 8. 2140. A bill to amend title 10, United mission of this proposed legislation be diclary. State Code, to provide certain benefits to printed in the RECORD at this point. members of the Coast Guard Reserve, and REPORTING NUMBER OF G6 GRADE EMPLOYEES There being no objection, the letter for other purposes (Rept. No. 98-1085); and BY NATIONAL AERONAUTICS AND SPACE and bill were ordered to be printed in the H.R. 13595. An act to authorize appropria- ADMINISTRATION tions for the Coast Guard for the procure- RECORD, as follows: A letter from the Administrator, National ment of vessels and aircraft and construc- LETTER OF TRANSMITTAL Aeronautics and Space Administration, re- tion of shore and offshore establishments, to THE WHITE HOUSE, porting, pursuant to law, the number of in- authorise appropriations for bridge altera- August 2, 1974. dividuals in each General Schedule (GS) tions, to authorise for the Coast Guard an To the Congress of the United States: grade (including those in the GW category) end-year strength for active duty personnel, Earlier this year, before the expiration of employed on June 30, 1978, and on June 30, to authorize for the Coast Guard average the legislation authorizing the Cost of Liv- 1974, by the National Aeronautics and Space military student loans, and for other pur- ing Council, I proposed to the Congress that Administration. Referred to the Committee poses (Rept. No. 93-1086). a residual group within the Executive Office on Post Office and Civil Service, and the of the President be authorized to monitor Committee on Appropriations. wages and prices, as an on-going part of our REPORT OF BUILDING PROJECT SURVEY FOR fight against inflation. The Congress did not HARVEY, ILL. EXECUTIVE REPORTS OF act on this proposal. A letter from the Administrator, General COMMITTEES In my economic address on May 26 of this Services Administration, submitting, pursu- As in executive session, the following year, I called for the establishment of a Cost ant to law, a report of building project sur- favorable reports of nominations were of Living Task Force to monitor wages and vey for Harvey, III., which has been pre- submitted: prices. Again, no Congressional authorize- pared in accordance with a resolution tion was forthcoming. While I continue to adopted by the Committee on Public Works By Mr. SPARKMAN, from the Committee oppose mandatory wage and price controls, of the House of Representatives on May 2, on Banking Housing and Urban Affairs: it is essential that wages and prices be care- 1974 (with accompanying papers). Referred Alan Greenspan, of New York, to be a fully watched, that labor and management to the Committee on Public Works. member of the Council of Economic Advisers. be constantly aware of public concern in this REPORT ON CLEAN WATER area, and that Government have the infor- (The above nomination was reported A letter from the Administrator, U.S. En- mation it needs to persuade labor and man- with the recommendation that the nom- vironmental Protection Agency, transmit- agement to do their duty in the effort to re- ination be confirmed, subject to the duce inflation. We have carried out this ting. pursuant to law, the second of a series of annual reports covering measures taken nominee's commitment to respond to monitoring function as best we can with our to implement the objectives of the Federal requests to appear and testify before existing resources, under the leadership of Water Pollution Control Act (with an ac- any duly constituted committee of the my Counsellor for Economic Policy, Kenneth companying report). Referred to the Com- Senate.) Rush. The need for a property authorized mittee on Public Works. group continues, however, and It now ap- pears that many Members of the Congress PROPOSED ACQUISITION OF A LEASEHOLD IN- INTRODUCTION OF BILLS AND are prepared to reconsider their earlier op- TEREST FOR THE SECURITIES AND EXCHANGE COMMISSION JOINT RESOLUTIONS position to my proposal for such a group. A Senate spokesman for the majority party of A letter from the Administrator. General The following bills and joint resolu- the Congress is now advocating such a pro- Services Administration, transmitting, pur- tions were introduced, read the first time posal. suant to law, a prospectus for proposed lease and, by unanimous consent, the second Therefore. I am today transmitting a leg- under the Public Buildings Act of 1959, as time, and referred as indicated: islative proposal to establish a Cost of Liv- amended, for the Securities and Exchange By Mr. SPARKMAN (for himself and ing Task Force. I invite all those who have Commission in Washington D.C. (with ac- Mr. TOWER): come to see the need for this proposal to companying papers). Referred to the Com- S. 3894. A bill to establish the Cost of Liv- join as bipartisan co-sponsors in this vital mittee on Public Works. ing Task Force. Referred to the Committee step in our fight against inflation. PRIORITY PRIMARY ROUTE Cosr STUDY on Banking, Housing and Urban Affairs. RICHARD NIKON. REPORT By Mr. MOSS: A letter from the Secretary of Transporta- S. 3895. A bill to amend United States S. 3894 tion. transmitting. pursuant to law, the Code, title 5, section 8341(a), with respect to Be it enacted by the Senate and House of priority primary route cost study report the definitions of "widow" and "widower" Representatives of the United States of (with an accompanying report). Referred to for the purpose of survivor's annuities. Re- America in Congress assembled, That this the Committee on Public Works. ferred to the Committee on Post Office and Act may be cited as the Cost of Living Task REPORT ON DRUG BIOEQUIVALENCE Civil Service. Force Act. A letter from the Chairman and Vice By Mr. CHURCH: SEC. 2. (a) The President is authorized to Chairman, Office of Technology Assessment, 8. 3896. A bill to amend title XVI of the establish. within the Executive Office of the Congress of the United States, submitting a Social Security Act to require that the value President. a Cost of Living Task Force (here- report on the assessment of the drug bio- of maintenance and support furnished an inafter referred to as the Task Force). equivalence (with an accompanying report). individual by a nonproft retirement home (b) The Task Force shall consist of the Ordered to lie on the table. be excluded from income for the purpose of Counsellor to the President for Economic Af- determining eligibility for supplemental se- fairs, who shall be its Chairman, the Chair- curity income benefits under such act. Re- man of the Council of Economic Advisers, PETITIONS ferred to the Committee on Finance. who shall be its Vice Chairman, the Secre- S. 3897. A bill to consider certain service tary of the Treasury, the Secretary of Agri- Petitions were laid before the Senate by Federal employees in international orga- culture, the Secretary of Labor, the Director and referred as indicated: nizations as leave without pay for purposes of the Office of Management and Budget, the By the ACTING PRESIDENT pro tempore of civil service retirement. Referred to the Special Assistant to the President for Con- (Mr. HASKELL) Committee on Post Office and Civil Service. sumer Affairs, and such other members as FORD ALD August 12, 1974 CONGRESSIONAL RECORD 14705 the President may, from time to time, desig- SEC. 5. The Task Force will report to the Amendments the Congress established a nate or appoint. President, and through him to the Congress, new supplemental security income pro- (c) There shall be a Director of the Task from time to time, concerning its activities, findings, and recommendations with respect gram to build, at long last, a Federal floor Force who shall be appointed by the Presi- dent and be a member of the Task Force. to the containment of inflation and the under the incomes of the aged, blind, and The Director shall be compensated at the maintenance of a vigorous and prosperous disabled. rate prescribed for level IV of the Executive peacetime economy. This program, in my judgment, has the Schedule by Section 5315 of Title 5 of the SEC. 6. There is hereby authorized to be potential to be one of the landmark legis- United States Code. There shall be a Deputy appropriated $1,000,000 for fiscal year 1975 lative achievements for older Americans. Director of the Task Force who shall be ap- to carry out the purposes of this Act. In fact, I strongly hope that SSI can pointed by the President and be compensated help to achieve my top priority goal for at the rate prescribed for level V of the Ex- By Mr. MOSS: the elderly: the elimination of poverty ecutive Schedule by Section 5316 of Title 5 S. 3895. A bill to amend United States once and for all. of the United States Code. The Director of Code, title 5, section 8341(a), with re- the Task Force shall be the Chief Executive But before this objective can become a officer of the Task Force and shall perform spect to the definitions of "widow" and reality, existing problems affecting the such functions as the President or the Chair- "widower" for the purpose of survivor's SSI program-administrative, policy, man of the Task Force may prescribe. The annuities. Referred to the Committee on and others-must first be resolved. Deputy Director shall perform such function Post Office and Civil Service. One clearcut example is the definition as the Chairman or the Director of the Task ANNUITIES FOR SURVIVING SPOUSE OF CIVIL of income which determines whether an Force may prescribe. SERVICE EMPLOYEE individual qualifies for monthly pay- (d) The director of the Task Force may ments. Under existing law unearned in- appoint, employ, and fix the compensation Mr. MOSS. Mr. President, I am intro- of such officers and employees, including at- ducing today a bill to amend United come includes "support and maintenance torneys, as are necessary to perform the States Code, title 5, section 8341(a). furnished in cash or kind." functions of the Task Force and to prescribe That is the law governing annuities for The Social Security Administration has their duties. In addition to the number of spouses of deceased civil service em- construed this language to apply to char- positions which may be placed in GS-16, 17, ployees. The bill will change the statu- ity or other philanthropic services pro- and 18 under existing law, the Director, with tory definitions of "widow" and "widow- vided by private, nonprofit retirement in- the approval of the Chairman of the Task er." Each is presently defined as one who stitutions. In general, the difference be- Force, may, without regard to the provisions was married to the deceased for 2 years tween the monthly cost per resident for of Title 5 of the United States Code relating to appointments in the competitive service, immediately preceding death, intending room, beard, and services and the place, not to exceed five positions in GS-16, thereby to limit survivor's annuities to a amount the patient actually pays is con- 17, and 18 to carry out the functions of the deserving "widow" or "widower." My bill sidered as outside unearned income for Task Force. would require 2 years of marriage be- computing SSI benefits under the Social (e) The Director of the Task Force may tween the deceased and the survivor. Security Administration's interpreta- employ experts, exeprt witnesses, and con- However, it will allow the 2 years to be tion. sultants in accordance with the provisions of accumulated throughout their lives while As a result, many individuals now re- Section 3109 of Title 5 of the United States continuing to require marriage imme- ceive less income than before SSI went Code, and compensate them at rates not in excess of the maximum daily rate prescribed diately preceding death. It will allow into effect, in January 1974. Additionally, for GS-18 by Section 5332 of Title 5 of the benefits to a few deserving survivors who this interpretation has substantially im- United States Code. have been excluded. paired the ability of nonprofit retirement (f) The Director of the Task Force may, It has been brought to my attention institutions to provide essential care for with their consent, utilize the services, per- that there is a small class of persons who these needy individuals. sonnel, equipment, and facilities of Federal, will benefit by this bill. There are appar- Moreover, it has produced other spill- State, regional, and local public agencies and ently some survivors who have lost their over effects. For example, many elderly instrumentalities, with or without reim- eligibility because of divorce and re- persons have lost valuable health care bursement therefor, and may transfer funds made available pursuant to this Act to Fed- marriage. That is, they remarried the protection, since SSI eligibility has a di- eral, State, regional, and local public agen- same person but were married for a pe- rect impact upon medicaid entitlement. cles and instrumentalities as reimbursement riod of less than 2 years immediately At recent hearings conducted by the for utilization of such services, personnel, prior to the death of the civil service Senate Committee on Aging, Msgr. equipment, and facilities. employee. It seems to me that survivors Charles Fahey, the president-elect of the SEC. 3. (a) The Task Force shall in this class are being excluded from American Association of Homes for the (1) review and analyze industrial capa- city, demand, and supply in various sectors benefits which were intended, the exclu- Aging, described in very eloquent terms of the economy, working with the industrial sions coming as an unintended result of the problems caused by the existing con- groups concerned and appropriate govern- technical interpretation of the law. struction. To make his point, he said: mental agencies to encourage price restraint; Because only a small class of persons To illustrate, let us take as an example (2) work with labor and management in will be affected, I also feel that this bill a nonprofit home for the aging whose actual the various sectors of the economy having should be retroactive in light of its pur- cost of providing services is approximately special economic problems, as well as with pose. The benefits certainly outweigh $800 per month per person. Prior to Janu- appropriate Government agencies, to improve the costs. ary 1, 1974 the indigent resdents of this in- the structure of collective bargaining and the stitution were receiving $133 per month in performance of those sectors in restraining public assistance payments. These payments prices; By Mr. CHURCH: were going directly to the public aid re- (3) improve wage and price data bases for S. 3893. A bill to amend title XVI of cipients who would retain $20 for personal the various sectors of the economy to improve the Social Security Act to require that spending and then turn over the balance or collective bargaining and encourage price the value of maintenance and support $113, to the institution as their contribu- restraint; furnished an individual by a nonprofit tion toward their room, board and services. (4) conduct public hearings necessary to retirement home be excluded from in- The difference between the cost per month provide for public scrutiny of inflationary problems in various sectors of the economy; come for the purpose of determining eli- of maintaining such individuals and their (5) focus attention on the need to increase gibility for supplemental security income contribution-$300 less $113-is $187. Be- cause this amount exceeds the SSI standard productivity in both the public and private benefits under such act. Referred to the of need, or $146 per month, the person pre- sectors of the economy; Committee on Finance. viously receiving $133 in public assistance (6) monitor the economy as a whole by EXEMPT VALUE OF MAINTENANCE AND SUP- now receives nothnig. not even a personal acquiring as appropriate, reports on wages, PORT PROVIDED BY NONPROFIT INSTITUTIONS needs allowance. Moreover, the capacity of costs, productivity. prices, sales, profits, im- IN DETERMINING ELIGIBILITY FOR SSI the nonprofit retirement institution to care ports, and exports. Mr. CHURCH. Mr. President, I intro- for the poor aged is substantially inhibited. SEC. 4. Any department or agency of the duce for appropriate reference, a bill to The bill that I introduce today is de- United States which collects, generates, or provide that the value of maintenance otherwise prepares or maintains data or in- signed to come to grips with this serious formation pertaining to the economy or any and support furnished by a nonprofit re- problem. Briefly stated, my proposal sector of the economy shall, upon the re- tirement home shall not be included as would exclude from income the value of quest of the chairman of the Task Force, income in determining eligibility for sup- maintenance and support furnished by a make that data or information available to plemental security income payments. nonprofit retirement home in determin- the Task Force. In enacting the 1972 Social Security ing eligibility for SSI benefits. Office of the White House Press Secretary THE WHITE HOUSE BIOGRAPHY OF THE PRESIDENT GERALD R. FORD, Republican 38th President of the United States, was born in Omaha, Nebraska, July 14, 1913; attended public schools, Grand Rapids, Michigan; B.A., University of Michigan, 1935; L. L. B., Yale University Law School, 1941; won all-city and all-state football honors in Grand Rapids during high school; member of University of Michigan's national champienship football teams, 1932, 1933; Michigan's most valuable player, 1934; assistant varsity football coach at Yale while law student there; in 1942 entered the U.S. Navy, serving 47 months during World War II; participated in 3rd and 5th Fleet carrier operations aboard the aircraft carrier U.S.S. Monterey for two years; discharged 1946 and resumed practice of law; elected to U.S. House of Representatives in 1948 and reelected every two years through 1972, serving 25 years in House; named in November 1963 to the Presidential Commission investigating the assassination of President John F. Kennedy; author (with John R. Stiles) of the book, "Portrait of the Assassin" (1965); permanent chairman of the 1968 and 1972 Republican National Conventions; visited The People's Republic of China in late June and early July 1972 on behalf of President Nixon; recipient of American Political Science Association's Distinguished Congressional Service Award, 1961; recipient of American Good Government Society's George Washington Award, 1966; recipient of American Academy of Achievement's Golden Plate Award as "giant of accomplishment, 1971; recipient of AMVETS Silver Helmet Award, 1971; recipient of honorary Doctor of Laws degrees from University of Michigan, Michigan State University, Western Michigan University, The Citadel, and numerous colleges; married Elizabeth Bloomer October 15, 1948; children: Michael Gerald, born March 14, 1950; John Gardner, March 16, 1952; Steven Meigs, May 19, 1956; and Susan Elizabeth, July 6, 1957; Chairman of the Republican Conference, 88th Congress; minority Leader, 89th, 90th, 91st, 92nd and 1st Session, 93rd Congresses; nominated Vice President on October 12, 1973, to succeed Spiro T. Agnew, who resigned, and confirmed December 6; succeeded to the Presidency August 9, 1974, following the resignation of Richard M. Nixon. # # # GERALD FORD 9/21/74 93D CONGRESS 2D SESSION H. R. 16902 IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 26, 1974 Mr. BRADEMAS (for himself and Mr. HANSEN of Idaho) introduced the fol- lowing bill; which was referred to the Committee on House Administration A BILL To establish a commission to study rules and procedures for the disposition and preservation of records and documents of Federal officials. 1. Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 SHORT TITLE 4 SECTION 1. This Act may be cited as the "Public Docu- 5 ments Act". 6 SEC. 2. Chapter 33 of title 44, United States Code, is 7 amended by adding at the end thereof the following new 8 sections: 9 "DEFINITIONS FRED is LIBRARY 078839 10 "SEC. 3315. For purposes of section 3316 through sec- 11 tion 3324- I 2 3 1 " (1) the term 'Federal office' means the office of 1 such control, disposition, and preservation. Such study shall 2 President or Vice President of the United States, or 2 include consideration of- 3 Senator or Representative in, or Delegate or Resident 3 (1) whether the historical practice of regarding 4 Commissioner to, the Congress of the United States; 4 the records and documents produced by or on behalf of 5 " (2) the term 'Commission' means the National 5 Presidents of the United States should be rejected or 6 Study Commission on Federal Records and Papers of 6 accepted and whether such policy should be made appli- 7 Elected Officials; and 7 cable with respect to individuals holding Federal office 8 " (3) the term 'records and documents' shall in- 8 and of officers of the Federal Government, including 9 clude handwritten and typewritten documents, motion 9 Members of the Congress and members of the Federal 10 pictures, television tapes and recordings, magnetic tapes, 10 judiciary; 11 automated data processing documentation in various 11 " (2) the relationship of such conclusions and find- 12 forms, and other records that reveal the history of the 12 ings to the provisions of section 1901 through section 13 Nation. 13 1914 and section 2101 through section 2108 of title 44, 14 "ESTABLISHMENT OF COMMISSION 14 United States Code, and other Federal laws regarding 15 "SEC. 3316. There is established a commission to be 15 the disposition and preservation of papers of elected or 16 known as the National Study Commission on Federal Rec- 16 appointed officials; 17 ords and Documents of Federal Officials. 17 " (3) whether such findings and conclusions should 18 "DUTIES OF COMMISSION 18 affect the control and disposition of records and docu- 19 "SEC. 3317. It shall be the duty of the Commission to 19 ments of agencies within the Executive Office of the 20 study problems and questions with respect to the control, 20 President created for short-term purposes by the 21 disposition, and preservation of records and documents pro- 21 President; 22 duced by or on behalf of individuals holding Federal office 22 " (4) the recordkeeping procedures of the White 23 and officers of the Federal Government, with a view toward 23 House Office, with a view toward establishing means 24 the development of appropriate legislative recommendations 24 to determine which papers and documents are produced 25 and other appropriate rules and procedures with respect to 25 by or on behalf of the President of the United States; 5 4 1 President of the Senate upon recommendation made by 1 (5) the nature of rules and procedures which 2 the minority leader of the Senate; 2 should apply to the control, disposition, and preserva- 3 " (E) one Justice of the Supreme Court, appointed 3 tion of papers and documents produced by Presidental 4 by the Chief Justice of the Supreme Court; 4 task forces, commissions, and boards; 5 " (F) three appointed by the President, by and 5 " (6) criteria which may be used generally in de- 6 with the advice and consent of the Senate, from persons 6 termining the scope of materials which should be con- 7 who are not officers or employees of any government who 7 sidered to be the papers and documents of individuals 8 are specially qualified to serve on the Commission by 8 holding Federal office; and 9 virtue of their education, training, or experience; 9 " (7) any other problems, questions, or issues which 10 " (G) one representative of the Department of State, 10 the Commission considers relevant to carrying out its 11 appointed by the Secretary of State; 11 duties under section 3315 through section 3324. 12 " (H) one representative of the Department of De- 12 "MEMBERSHIP 13 fense, appointed by the Secretary of Defense; 13 "SEC. 3318. (a) (1) The Commission shall be com- 14 " (I) one representative of the Department of Jus- 14 posed of fourteen members as follows- 15 tice, appointed by the Attorney General; 15 " (A) one Member of the House of Representatives 16 " (J) the Administrator of General Services (or his 16 appointed by the Speaker of the House upon recom- 17 delegate) ; 17 mendation made by the majority leader of the House; 18 " (K) one member of the American Historical As- 18 " (B) one Member of the House of Representatives 19 sociation, appointed by the counsel of such Association; 19 appointed by the Speaker of the House upon recom- 20 and 20 mendation made by the minority leader of the House; 21 " (L) one member of the Society of American Ar- 21 " (C) one Member of the Senate appointed by the 22 chivists, appointed by such Society. 22 President of the Senate upon recommendation made by 23 " (2) No more than two members appointed under para- 23 the majority leader of the Senate; 24 graph (1) (F) may be of the same political party. 24 " (D) one Member of the Senate appointed by the H.R. 16902-2 6 7 1 " (b) A vacancy in the Commission shall be filled in 1 " (f) The Chairman of the Commission shall be desig- 2 the manner in which the original appointment was made. 2 nated by the President from among members appointed 3 " (c) If any member of the Commission who was ap- 3 under subsection (a) (1) (F) 4 pointed to the Commission as a Member of the Congress 4 (g) The Commission shall meet at the call of the Chair- 5 leaves such office, or if any member of the Commission who 5 man or a majority of its members. 6 was appointed from persons who are not officers or em- 6 "DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS 7 ployees of any government becomes an officer or employee 7 "SEC. 3319. (a) The Commission shall appoint a Direc- 8 of a government, he may continue as a member of the Com- 8 tor who shall be paid at a rate not to exceed the rate of basic 9 mission for no longer than the sixty-day period beginning 9 pay in effect for level V of the Executive Schedule (5 U.S.C. 10 on the date he leaves such office or becomes such an officer 10 5316) 11 or employee, as the case may be. 11 " (b) The Commission may appoint and fix the pay of 12 " (d) Members shall be appointed for the life of the 12 such additional personnel as it deems necessary. 13 Commission. 13 " (c) (1) The Commission may procure temporary and 14 " (e) (1) Members of the Commission who are full-time 14 intermittent services to the same extent as is authorized by 15 officers or employees of the United States or Members of 15 section 3109 (b) of title 5, United States Code, but at rates 16 the Congress shall receive no additional pay on account of 16 for individuals not to exceed the daily equivalent of the 17 their services on the Commission. 17 annual rate of basic pay in effect for grade GS-15 of the 18 " (2) While away from their homes or regular places of 18 General Schedule (5 U.S.C. 5332) 19 business in the performance of services for the Commission, 19 " (2) In procuring services under this subsection, the 20 members of the Commission shall be allowed travel expenses 20 Commission shall seek to obtain the advice and assistance of 21 in the same manner as persons employed intermittently in the 21 constitutional scholars and members of the historical, 22 service of the Federal Government are allowed expenses 22 archival, and journalistic professions. 23 under section 5703 (b) of title 5, United States Code, except 23 " (d) Upon request of the Commission, the head of any GERALS R.BORD 24 that per diem in lieu of subsistence shall be paid only to those 24 Federal agency is authorized to detail, on a reimbursable 25 members of the Commission who are not full-time officers or 25 basis, any of the personnel of such agency to the Commission 26 employees of the United States or Members of the Congress. 8 9 1 to assist it in carrying out its duties under sections 3315 1 "REPORT 2 through 3324. 2 "SEC. 3322. The Commission shall transmit to the Pres- 3 "POWERS OF COMMISSION 3 ident and to each House of the Congress a report not later 4 "SEC. 3320. (a) The Commission may, for the purpose 4 than December 31, 1975. Such report shall contain a de- 5 of carrying out its duties under sections 3315 through 3324, 5 tailed statement of the findings and conclusions of the Com- 6 hold such hearings, sit and act at such times and places, take 6 mission, together with its recommendations for such legisla- 7 such testimony, and receive such evidence, as the Commis- 7 tion, administrative actions, and other actions, as it deems 8 sion may deem desirable. 8 appropriate. 9 " (b) When SO authorized by the Commission, any mem- 9 "TERMINATION 10 ber or agent of the Commission may take any action which 10 "SEC. 3323. The Commission shall cease to exist sixty 11 the Commission is authorized to take by this section. 11 days after transmitting its report under section 3322. 12 " (c) The Commission may secure directly from any 12 "AUTHORIZATION OF APPROPRIATIONS 13 department or agency of the United States information nec- 13 "SEC. 3324. There is authorized to be appropriated 14 essary to enable the Commission to carry out its duties under 14 such sums as may be necessary to carry out section 3315 15 section 3315 through section 3324. Upon request of the 15 through section 3324." 16 Chairman of the Commission, the head of such department 16 SEC. 3. The table of sections for chapter 33 of title 44, 17 or agency shall furnish such information to the Commission. 17 United States Code, is amended by adding at the end thereof 18 "SUPPORT SERVICES 18 the following new items: 19 "Sec. 3321. (a) The Administrator of General Services "3315. Definitions. 20 shall provide to the Commission on a reimbursable basis such "3316. Establishment of Commission. "3317. Duties of Commission. 21 administrative support services and assistance as the Com- "3318. Membership. "3319. Director and staff; experts and consultants. "3320. Powers of Commission. 22 mission may request. "3321. Support services. "3322. Report. 23 (b) The Librarian of Congress and the Archivist of "3323. Termination. "3324. Authorization of appropriations.". 24 the United States shall provide to the Commission on a 25 reimbursable basis such technical and expert advice, consulta- 26 tion, and support assistance as the Commission may request. 93D CONGRESS 2D SESSION H. R. 16902 A BILL To establish a commission to study rules and procedures for the disposition and preserva- tion of records and documents of Federal officials. By Mr. BRADEMAS and Mr. HANSEN of Idaho SEPTEMBER 26, 1974 Referred to the Committee on House Administration THE WHITE HOUSE WASHINGTON December 16, 1974 MEMORANDUM FOR: COUNSELLOR JOHN O. MARSH THRU: MAX L. FRIEDERSDORF m.6. FROM: VERN LOEN VL SUBJECT: S.J. Res. 195, American Business Day This joint resolution sponsored by Sen. Bill Scott passed the Senate on May 2, 1974. It was referred to House Judiciary Committee on May 6 with no further action on it or companion resolutions. It would authorize the President to designate May 13 of each year as American Business Day, to recognize the contributions of the business community just as we do with the Labor Day observance. At this late date, with the House calendar so crowded, and lacking broad, bipartisan support, it is extremely unlikely that the sub- committee would take action. A suggested draft response for Mr. Robinson is attached. FROD Attachment DRAFT Dear Ken: Thank you for your recent inquiry concerning S.J. Res. 195, authorizing the President to designate May 13 of each year as American Business Day. The House Judiciary subcommittee having jurisdiction over this measure receives more than 500 requests for such special days each year. Accordingly, it has adopted a policy of being highly selective. Only those measures enjoying broad, bi- partisan support - such as S.J. Res. 224, authorizing the designation of January, 1975, as "March of Dimes Defects Prevention Month" -- have been moved to the House floor. Given the lateness of the hour and the crowded House calendar, I believe it would be the wiser course for the Chamber of Commerce and its friends in the Congress to try again next year. Certainly, there is much merit in the idea that Americans recognize the role of the business community in our lives just as we do that of labor, but time seems to have overtaken this measure for now. With warm personal regards, FORD MEMORANDUM THE WHITE HOUSE WASHINGTON December 13, 1974 MEMORANDUM TO: MAXL. FRIEDERSDORF FROM: JOHN O. MARSH, JR. I would appreciate having the benefit of your comments on the attached request. 1080 it. LIDRARY 07V833 File Legis THE WHITE HOUSE WASHINGTON December 27, 1974 MEMORANDUM FOR: JERRY JONES FROM: VERN LOEN VL SUBJECT: S. 3574 - Arizona Land Conveyance Minority Leader John Rhodes requested that the following be dexed to the President in Vail: " I understand that a final decision on S. 3574 is imminent, and that you have received adverse recommendations. My strong personal interest in this bill has been previously expressed, and I urge you to give S. 3574 favorable con- sideration. "The federal government granted patents on this land, conveying it by deed. Taxes have been paid since these conveyances, the land has been cleared, improved and substantial bonds and assessments paid for irrigation. The U. S. Court of Claims recognized the strong equity of Wide River Farms in 20 pages of specific findings of fact, and the Administration acknowledged this equity during congressional hearings. "Legislative remedy appears to be the only recourse. Continued litigation in federal courts would preclude consideration of the overwhelming equity in Wide River Farms. "Substantial equitable rights to land conveyed by the federal government, improved and used for some 50 years as taxable property, should not be whisked aside. This case is distinguishable from the squatter cases arising along the Colorado River and did not represent a precedent against sovereign immunity. "Should any question remain in your mind regarding this legislation, I would appreciate the opportunity to talk with you by phone." Rep. Rhodes phone number is A. C. 602 - 833 - 2267. GENALD R. FORD 93rd Congress - 3 Agriculture domestic producers, imposing an annual ceiling of $9,400 per farm. An increase in the price paid to producers for raw ACTION COMPLETED sugar would have compensated them for the loss of Commodity Futures Trading. Congress responded to payments. The bill also would have repealed the sugar ex- appeals for tighter federal regulation of the booming com- cise tax, a move supporters said would offset the price in- crease received by growers. There was no Senate action on modity futures market by creating an independent commis- the bill. (Weekly Report p. 3316) sion to replace the Agriculture Department's 38-year-old Commodity Exchange Authority. The new Commodity Poultry Indemnities. The Senate, at the urgings of Futures Trading Commission assumed authority over all Sen. James 0. Eastland (D Miss.), passed in April a bill (S traded commodities, including non-agricultural commodi- 3231) to authorize federal indemnity payments to ties like silver. It could seek court injunctions against trad- Mississippi chicken farmers who lost over $8-million the ing abuses and intervene directly to protect traders against previous month because of an Agriculture Department threatened market manipulations or other emergencies. order to kill chickens that had eaten contaminated feed. The The legislation (HR 13113-PL 93-463) was prompted House Agriculture Committee reported the bill favorably in by a dramatic increase in speculation in commodities, the May, but opposition to what many members considered a result of soaring commodity prices and a depressed stock "special interest give-away" convinced supporters to market. Another impetus was the giant 1972 grain sale to withdraw the bill. (Weekly Report p. 1341) the Soviet Union, which dramatized the possibility that large grain companies and even foreign countries could manipulate commodities markets with disastrous conse- Consumer Affairs quences for U.S. farmers and consumers. ACTION COMPLETED The bill sailed through both houses with only token op- position. The House version would have established a simi- Consumer Credit. New protection for consumers buy- independent commission with some ties to the Agriculture ing on credit was included in a banking regulation bill (HR Department. Conferees favored the Senate version, which 11221-PL 93-495) cleared by Congress Oct. 10. The gave the commission full autonomy. President Ford signed provisions were identical to a measure (S 2101) the Senate the measure despite objections to three provisions dealing passed in 1973, which 1) barred sex discrimination in with the commission's independence from the executive granting credit, 2) protected consumers against unfair bill- branch. (Weekly Report p. 2988) ing practices and 3) contained protections against credit Livestock Loans. Congress July 17 completed action card fraud. These provisions amended the Truth in Lending on S 3679 (PL 93-357), providing an emergency government- Act of 1968 (PL 90-321) to require customers to inform guaranteed loan program for livestock producers. The bill creditors in writing of alleged billing errors within 60 days was rushed through Congress in less than one month, with after receiving the bill, and require creditors to acknowledge its supporters claiming the loans were necessary to assist the disputed billing within 30 days and to resolve it within financially ailing livestock producers through an extended 90 days by correcting the billing error or explaining why the period of inflated production costs that had wiped-out bill was correct. (Other provisions of HR 11221, see eco- profits and forced many producers to sell at a loss. (Weekly nomic policy legislation.) Report p. 1907) The credit protection provisions were added to HR 11221 in the Senate June 13. House-Senate conferees re- ACTION NOT COMPLETED tained the provisions over the objections of Leonor K. Sulli- Sugar Act. The Sugar Act of 1948 was permitted to van (D Mo.), chairman of the House Consumer Affairs Sub- lapse Dec. 31, 1974, when Congress failed to complete action committee, who said her panel was working on a more com- on a bill (HR 14747) to extend the 40-year-old program that prehensive anti-discrimination rule. She also protested a set domestic and foreign sugar quotas and provided sub- provision limiting business liability for damages under sidies for domestic producers. In an unexpected move, the class action suits. (Weekly Report p. 2922) House June 5 rejected the bill by a 175-209 vote. It would Consumer Product Warranty. Congress Dec. 19 com- have extended the program for five years, through Dec. 31, pleted action on S 256 (PL 93-000) setting more stringent 1979. Although efforts to revive the bill in the closing weeks consumer warranty standards and revising the powers of of the session were abandoned, supporters of the extension the Federal Trade Commission (FTC). The House version of said they might try again in the 94th Congress. the bill, passed Sept. 19, was similar in its warranty Opponents said the program was no longer necessary provisions to the Senate version, passed in 1973, but con- in a period of world shortage, when market prices were the tained a number of changes in FTC powers and procedures highest since 1920, and that the bill would force a retail not included in the Senate version. One of these set up a for- price increase. Supporters said retail prices would go up mal procedure for FTC rule-making aimed at protecting the anyway and that the bill was needed to assure sufficient rights of affected companies. The FTC objected to the production of sugar to meet rapidly increasing demand. proposed plan. The House version also reinstated the During House hearings, administration witnesses sup- Justice Department's control over the commission's in- ported a three-year extension of the program, but volvement in court cases, but the conference agreement in- Agriculture Secretary Earl L. Butz urged a loosening of cluded provisions to allow the FTC to send its own lawyers federal controls over domestic sugar production and aboli- into court in certain types of cases stemming from FTC tion of subsidy payments. Earlier, the department backed rules and actions. The final bill also included consumer away from its original proposal to drop the sugar quota redress provisions giving the FTC power to go to court on system and switch to a free market approach. behalf of consumers who were injured by violations of its As reported by the House Agiculture Committee, HR regulations. (See also consumer claims legislation.) (Week- 14747 would have sharply reduced subsidy payments to ly Report p. 2635) FORD COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. Dec. 28, 1974 PAGE 3417 THE Reproduction prohibited in whole or in port except by editorial clients 93rd Congress - 4 ACTION NOT COMPLETED The Senate action reversed its 1972 stance when it recommitted a similar bill to the Judiciary Committee for Consumer Protection Agency. The proposed con- further study. A key test of sentiment on S 354 came April sumer protection agency went down to defeat once again in 25 when the Senate rejected, 31-53, an amendment that the 93rd Congress, but supporters were optimistic for would have substantially weakened the proposed federal success in 1975. Congress and lobbyists had been battling standards. As passed, the bill established minimum stan- over the proposal since 1970, when the Senate first passed a dards relating to insurance benefits and coverage that all bill to set up a consumer agency. That version died with the states would be required to provide a motorist within a 91st Congress. The House approved a related bill the next specied time period; if a state did not incorporate the mini- year, but the Senate failed to act. In 1972 agency advocates mum standards into its insurance laws, stricter federal were not able to overcome a Senate filibuster after three standards would be imposed. Motorists would receive bene- unsuccessful cloture attempts, ending the bill's chances for fits regardless of who caused the accident. The bill severely the 92nd Congress. limited the circumstances under which a motorist could sue The 1974 defeat was similar. The House passed a com- for economic and non-economic detriment. promise bill (HR 13163) in April. It would have set up an in- The House Interstate and Foreign Commerce Subcom- dependent agency to represent consumers' interests before mittee on Commerce and Finance completed hearings on other federal agencies and the courts. When a stronger similar legislation in July, but subcommittee Chairman Senate version (S 707) came to the floor in July, opponents John E. Moss (D Calif.) was unable to garner a quorum to led by Sam J. Ervin Jr. (D N.C.) and James B. Allen (D Ala.) mark up the legislation SO that it could be reported to the demonstrated their willingness to talk the bill to death. full committee. (Weekly Report p. 1975) Supporters came within 10, seven, four and finally two Mandatory Seatbelts. Reacting to widespread con- votes of ending the filibuster on four cloture votes taken in sumer complaints about mandatory seatbelt-ignition in- July, August and September. But they could not prevail. terlock systems which did not allow a car to be started until Lobbying on both sides was intense, with business seatbelts were fastened, Congress Oct. 15 cleared legislation groups such as the U.S. Chamber of Commerce and (S 355-PL 93-492) repealing the provision from the National Association of Manufacturers (NAM) working to National Traffic and Motor Vehicle Safety Act of 1966. Cars defeat the bill on grounds that the agency would interfere still had to be equipped with seatbelts, but only an eight se- with the work of existing regulatory agencies and harass cond buzzer warning that seatbelts were unfastened could businessmen. Consumer and labor groups, led by the Con- be required as an extra safety feature under the new law. S sumer Federation of America and Ralph Nader's Congress 355 also required all auto manufacturers to repair safety- Watch, fought for votes to invoke cloture. They blamed the related vehicle defects free of charge and established safety narrow defeat on ending the Ervin-Allen filibuster to Presi- standards for school buses. (Weekly Report p. 2993) dent Ford's public neutrality, and predicted that a more liberal Congress would pass the measure quickly in 1975. Vitamin Regulations. A controversial amendment (Weekly Report p. 2637, 2534) that would have prohibited the Food and Drug Adminis- tration (FDA) from promulgating vitamin regulations died Food Labeling and Inspection. A Senate-passed bill when the bill (S 3585) to which it was added did not survive 2373) aimed at improving government inspection of food a House-Senate conference. The proposed FDA regulations processors and requiring more information on food labels would have classified high concentrations of vitamins as died at the end of the session. The Senate unanimously drugs, outlawed the addition of non-vitamins to vitamin approved S 2373 in July. The House Interstate and Foreign preparations and limited the kinds of health claims that Commerce Subcommittee on Public Health and Environ- could be made for vitamins. ment was planning to hold hearings on a similar measure A massive mail campaign opposing the regulations (HR 14009) in September, but never found time. HR 14009, prompted committees in both the House and Senate to sponsored by subcommittee Chairman Paul G. Rogers (D hold hearings on bills to bar the regulations, but no further Fla.), would cover drugs, devices and cosmetics as well as action was taken until Sen. William Proxmire (D Wis.) was food, but it was weaker than the Senate-passed bill on successful in attaching an amendment overriding the regu- government policing of food processors. There was no other lations to the health manpower bill (S 3585). That bill, House action. (Weekly Report p. 1902) however, never was reported by a House-Senate conference Consumer Claims. The Senate Commerce Committee on S 3585, SO the Proxmire amendment died. (Weekly Sept. 23 reported a bill (S 2928) to authorize $15.5-million Report p. 2276) for fiscal 1975-76 to assist the states in improving their small claims procedures to make them more responsive to Crime and Judiciary consumers. No further action was taken. The bill would have established a Bureau of Consumer Redress within the ACTION COMPLETED Federal Trade Commission (FTC) to disperse funds to states that came up with suitable plans for resolving con- Antitrust Penalties. Reacting to increased national sumer disputes quickly and inexpensively. (Weekly Report concern about white-collar crime, Congress late in 1974 p. 3163) approved a measure (S 782-PL 93-528) changing antitrust penalties and procedures for the first time in almost 20 No-Fault Insurance. Supporters of reforming the years. Responding to President Ford's request for more nation's automobile insurance system won a signal victory severe penalties for criminal violations of the antitrust in May when the Senate, on a 53-42 vote, passed a bill (S laws, the bill increased fines for such violations to $1- 354) to establish a national no-fault automobile insurance million for corporations and $100,000 for individuals, from system. But their hopes for final action were dashed when the existing ceiling of $50,000 for each. In addition, the bill the House adjourned without considering the legislation. raised the maximum prison sentence to three years, from COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. FORD PAGE 3418-Dec. 28, 1974 Reproduction prohibited in whole or in port except by editorial clients 93rd Congress - 5 one year, moving violations of these laws into the category effect at the nation's airports through Federal Aviation Ad- of felonies. ministration regulations and directives. (Weekly Report p. The measure also provided for increased publicity and 1983) more public input into the formulation of consent Rules of Evidence. Congress completed action on the decrees-the court-approved agreements which settle 80 first comprehensive and uniform code of evidence (HR per cent of the government's civil antitrust cases before 5463-PL 93-000)-a unified list of rules guiding what could trial. The bill also redirected the appeals route for antitrust and could not be used as evidence in federal trials-for the cases, eliminating the existing right of direct appeal to the federal court system. The measure originated with a Supreme Court at the trial level, and sending such appeals proposed set of rules formulated by judges and lawyers first to the circuit courts of appeals. (Weekly Report p. working under the aegis of the U.S. Judicial Conference and 3381) submitted to Congress by the Supreme Court in February Juvenile Delinquency. Congress Aug. 21 approved (S 1973. Concerned about the substantive nature of some of 821-PL 93-415) creation of an office of juvenile justice and the proposed rules, Congress delayed their effective date of delinquency prevention within the Law Enforcement July 1, 1973, until such time as Congress gave affirmative Assistance Administration. The new office would ad- approval to them. The House approved an amended set of minister programs previously located in LEAA and the rules in February 1974; the Senate in November. (Weekly Department of Health, Education and Welfare (HEW). In Report p. 3224) addition, it would administer a new grant program Explosives. To remove an unintended restriction in a authorized by S 821 to provide $350-million in matching 1970 act upon sporting, recreational and cultural use of an- grants over three years to state and local governments for tique weapons, Congress completed action on S 1083 (PL 93- use in developing innovative programs for preventing and 000), exempting commercially manufactured black powder treating juvenile delinquents. (Weekly Report p. 2401) and other antique gun igniters from the regulatory Judicial Disqualification. To clarify the situation un- provisions on explosives of the 1970 Organized Crime der which a justice, federal judge, magistrate or Control Act. The bill was approved by the Senate in 1973 bankruptcy referee should excuse himself from sitting on a and the House in December 1974. (1973 Almanac p. 377) particular case or matter, Congress Nov. 21 approved a bill Judicial Review and the ICC. Late in the session, (S 1064-PL 93-512) setting up guidelines for judicial dis- Congress approved a bill (S 663-PL 93-000) to streamline qualification. Bringing the language of the federal statutes the provisions for judicial review of orders of the Interstate dealing with this matter in line with that of a new code of Commerce Commission (ICC). The measure eliminated the judicial conduct approved by bar and judicial groups in existing requirement for a three-judge federal court to 1972-73, the law stated that a judicial official should dis- review such orders and removed the right of direct appeal qualify himself in any proceeding in which his impartiality from the three-judge court's decision to the Supreme Court. might be reasonably questioned-including any case in Instead, appeals for review of ICC orders were to be heard which he had any financial interest, however small, which by the circuit courts of appeal, from which they could move might be affected by the outcome of the case. (Weekly to the Supreme Court. The bill was passed by the Senate in Report p. 3226) 1973 and by the House in December. (1973 Almanac p. 391) "No-Knock" Repeal. Removing from the law books Speedy Trial. Congress in 1974 also completed action one of the most controversial of the Nixon administration's on S 754 (PL 93-000), designed to give force to the consti- crime control measures, Congress Oct. 16 repealed language tutional right to a speedy trial. Although approved by the which authorized federal agents in some circumstances to Senate in July, the measure was passed by the House only enter dwellings or buildings to search them or make an in the last days of the session. Conferees had to resolve arrest without first knocking and identifying themselves. differences between the two versions. The chief difference The language authorizing these "no-knock" entries was was in the severity of the sanction imposed when a trial approved by Congress in two 1970 laws-the Drug Abuse was not begun within the prescribed period (ultimately 90 Prevention and Control Act, which gave this authority to to 100 days) after arrest: the Senate-passed bill provided federal narcotics agents, and the District of Columbia Court for dismissal of the charges against the defendant if he so Reform and Criminal Procedure Act, which gave this power requested, and allowed reprosecution only in exceptional to certain federal and D.C. law enforcement officials. circumstances; the companion House version provided for Opponents of the "no-knock" authority, led by Sen. Sam dismissal of charges but allowed no reprosecution at all for J. Ervin Jr. (D N.C.), argued that it was an unconstitutional the same offense. (Weekly Report p. 3280) abridgment of the guarantee of safety from unreasonable Legal Lotteries. To preclude federal prosecution of searches and seizures. They added the repealer language to persons transporting, mailing or broadcasting information S 3355 (PL 93-481), authorizing funds for the Drug Enforce- about legal state-run lotteries, which had enjoyed a revival ment Administration through fiscal 1977. (Weekly Report in the 1960s and 1970s, Congress approved a bill (HR 6668- p. 2994) PL 93-000) to provide an exemption from prosecution for Aircraft Hijacking. Congress July 23 cleared S 39 (PL such activities when they were carried on in connection with 93-366) providing for a more effective federal program for a legal lottery run by a state. (Weekly Report p. 3320) preventing aircraft hijacking. The bill included a man- Rules of Criminal Procedure. Congress cleared datory death penalty for convicted hijackers under certain legislation (HR 15461-PL 93-361) delaying the effective circumstances in which death resulted. date of proposed new rules of federal criminal procedure The bill was divided into two sections: Title I-which from Aug. 1, 1974, to Aug. 1, 1975, in order to provide time contained the death penalty provision, along with for consideration of the proposed rules in the 94th Congress. amendments to existing law implementing the 1972 Hague Under the same authority through which the rules of international hijacking convention by expanding U.S. evidence were originally sent to Congress, the Supreme jurisdiction over hijackings, and Title II-which ratified Court in April 1974 submitted the-rules of procedure. security policies and procedures that already had been in (Weekly Report p. 2056) COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. Reproduction prohibited in whole or in part except by editorial clients Dec. 28, 1974 RAGE 3419 .RALD 93rd Congress - 6 ACTION NOT COMPLETED Warren E. Burger had endorsed the legislation, which would also have eliminated the right of direct appeal to the Capital Punishment. Although more than half the Supreme Court from the decisions of these courts. The bill states had passed new capital punishment laws after the died in the House Judiciary Committee. (1973 Almanac p. Supreme Court struck down their existing laws in mid- 373) 1972, Congress failed to complete action on legislation (S Meskill Nomination. Dying at the end of the Congress 1401) to reinstate the death penalty for certain federal by virtue of inaction by the Senate Judiciary Committee crimes. The Senate approved S 1401 March 13, but the bill was the nomination of Connecticut Gov. Thomas J. Meskill died in the House Judiciary Committee at the end of the (R) to a seat on the court of appeals, second circuit. The session. S 1401 was designed to avoid the pitfalls which had nomination, Nixon's last judicial nomination, had been op- resulted in the Supreme Court ruling voiding the previous posed by the American Bar Association (ABA) on grounds state laws allowing imposition of the death penalty. The bill that Meskill, who had practiced law only a short time before would have provided that persons charged with certain beginning a political career, was not qualified for the serious federal crimes would be given a two-part trial. If appeals court seat. found guilty in the first part, the second part would ascer- The committee held a hearing on the nomination in tain the existence of any aggravating or mitigating factors September. But in December the committee decided to which would weigh in the decision whether or not to impose defer action on the nomination because of an ongoing in- the death penalty. (Weekly Report p. 712) vestigation by the Connecticut legislature into state leasing Illegal Aliens. Congress failed, despite presidential policies under Meskill's administration. The nomination urging, to complete action on a bill (HR 982) making it a would have to be resubmitted, if Ford SO wished, in 1975. crime knowingly to hire aliens illegally living in the United Sen. Lowell P. Weicker Jr. (R Conn.), the nomination's States. The House approved HR 982 in early 1973, but the sponsor, said that he would request resubmission of the Senate failed to act upon it in 1974. (1973 Almanac p. 854) nomination. (Weekly Report p. 2570) FBI Director's Term. Concerned about the power and independence of the director of the Federal Bureau of Investigation during the 48-year career of J. Edgar Hoover, Economic Policy, Taxes the Senate in early October approved a bill 2106) limiting ACTION COMPLETED future directors' terms to a single 10-year span. The bill died in the House Judiciary Committee at the end of the Budget Reform. Congress took a potentially momen- 93rd Congress. (Weekly Report p. 2873) tous step toward more responsible action on federal Criminal Law Reform. Massive bills (S 1400, S 1) economic policy by clearing legislation (HR 7130-PL 93- revising the entire federal criminal code died with the 93rd 344) June 21 revising the procedures it uses to handle the Congress. The Senate Judiciary Subcommittee on Criminal federal budget. Laws and Procedures had continued hearings begun in 1973 The measure, which was to become fully implemented in on the measures, but no further action was taken in either 1976, established a framework for more timely and better- chamber. (1973 Almanac p. 8) considered congressional action on legislation approving or Newsman's Privilege. As the furor over efforts of law amending the appropriations, spending, revenue and debt enforcement bodies to obtain confidential information from figures set out in the President's annual budget message to newsmen through subpoenas and threatened contempt Congress. sentences subsided, the effort to write into law a privilege In doing so, the measure spelled out a timetable for protecting newsmen from such demands lost enthusiasm. A congressional actions affecting the federal budget and re- measure to provide such protection died at the end of the quired that those decisions be reviewed in light of their im- Congress. A compromise bill (HR 5928) was approved by pact on over-all fiscal policy. It created new House and the House Judiciary Subcommittee on Courts, Civil Liber- Senate Budget Committees to supervise the new process. ties and the Administration of Justice in 1973. It provided Beginning with fiscal 1977, the bill would move the absolute protection from demands that newsmen disclose start of the government's fiscal year to Oct. 1 from July 1 to confidential sources of information to grand juries or other accommodate the pace of legislation during annual con- investigative bodies, and a qualified protection from such gressional sessions. It provided for curbs on new backdoor demands from trial courts. The full committee met to dis- spending programs and set procedures for Congress to cuss the bill in March 1974 before moving into the impeach- approve or limit impoundment of appropriated funds by the ment inquiry, but reached no agreement. There was no president. Senate action. (Weekly Report p. 839) The measure was the product of intensive House- Federal Judgeships. Despite the urgings of the Chief Senate staff negotiations during 1974 both during Senate Justice and the President, Congress failed to act in 1974 to consideration of the budget reform proposals and in the create any new federal judgeships. The U.S. Judicial conference committee. The House had passed HR 7130 in Conference had requested 51 new federal district December 1973, but Senate action was held up until March judgeships; a bill (S 597) providing 27 new posts was 21 as senators and staff aides worked out a compromise to reported from the Senate Judiciary Subcommittee on meet Rules and Administration Committee objections to Improvements in Judicial Machinery in 1973, but the full more stringent procedures drawn up by the Government Judiciary Committee failed to act on the measure. (1973 Operations Committee. Almanac p. 8) Although some procedural recommendations were Three-Judge Courts. Congress failed to complete ac- in HR 7130, the final product generally followed the budget- tion on a Senate-passed bill (S 271) which would have making changes proposed in 1973 by a joint House-Senate eliminated the requirement that three-judge federal dis- study committee. (Weekly Report p. 1601, 1590, 785) trict courts be convened when a suit was brought attacking Wage-Price Council. After allowing President Nixon's the constitutionality of a state or federal law. Chief Justice wage-price control authority to lapse April 30, Congress FORD COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. PAGE 3420-Dec. 28, 1974 Reproduction prohibited in whole or in port except by editorial clients RALD LIBRA 93rd Congress - 7 Aug. 20 approved a new President's request for authority to transferred certain powers to OMB from the president. monitor inflationary trends. (Weekly Report p. 633, 384) Acting with unaccustomed dispatch, Congress cleared Banking Regulations. With housing lagging and the a measure (S 3919-PL 93-387) that President Ford had nation's banks and thrift institutions under pressure, asked for in his first address to Congress. Congress Oct. 10 enacted a comprehensive measure (HR As Ford carefully noted, the legislation conferred 11221-PL 93-495) extending existing federal bank authority to keep track of wage and price developments regulations without basic revisions. without empowering the President to resort to wage and HR 11221 made some significant changes, however, price controls. Nixon had asked for similar power, but notably by increasing to $40,000 from $20,000 the amount of Congress refused to go along. a bank or savings and loan association deposit that could be With the existing Economic Stabilization Act of 1971 covered by federal deposit insurance. It also authorized expiring on April 30, Nixon had asked Congress for legisla- federal agencies to insure up to $100,000 in deposits in a tion continuing controls over medical care and construction saving account made by the federal, state or local and authorizing the Cost of Living Council to continue to governments. monitor inflationary trends. Those innovations were intended to increase public But both the House Banking and Currency and the confidence in the banking system and help financial in- Senate Banking, Housing and Urban Affairs Committees stitutions, particularly savings and loan associations, refused to act on an extension. After complicated attract badly needed funds to finance home mortgages. But maneuvering, moreover, the Senate killed floor they fell far short of far-reaching regulatory reforms ad- amendments by Edmund S. Muskie (D Maine) that would vocated by the Nixon administration and others to promote have extended the existing controls. bank competition and strengthen the financial system. By a 56-32 roll call, the Senate May 1 rejected Muskie's Among other provisions, the bill extended bank proposal to another bill (S 2986) giving the President regulatory agencies' authority to set ceilings on the interest standby power to reimpose controls in areas experiencing rates that banks and thrift institutions paid on deposits of exorbitant wage and price increases. After tentatively at- $100,000 or less. In periods of generally high interest rates, taching a second Muskie amendment to continue monitor- those ceilings prompted investors to transfer funds from ing authority, the Senate turned around and killed by a 65- savings accounts to other uses earning a higher return. 18 roll call the bill to which it was attached extending the The final version also included Senate amendments President's Council on International Economic Policy making changes in consumer protection laws. (See con- (CIEP). (See separate CIEP legislation.) sumer legislation.) (Weekly Report p. 2922) As finally cleared, S 3919 established a new Council on Congress also enacted a measure (S 3838-PL 93-501) Wage and Price Stability with few powers. (Weekly Report giving the Federal Reserve Board and other agencies p. 2304, 1257) standby authority to regulate variable interest rate Debt Ceiling. Congress approved legislation (HR securities sold by bank holding companies. It was feared 14832-PL 93-325) increasing the temporary federal debt that such securities would draw funds from savings and ceiling after successful filibuster tactics frustrated loan associations. (Weekly Report p. 2914) Democratic senators' efforts to attach tax-revision amend- CIEP Authorization. Congress June 19 cleared legisla- ments. (See tax revision legislation.) tion (HR 13839-PL 93-315) authorizing $1.8-million for Although Congress provided an extension only through fiscal 1975 for the Council on International Economic March 31, 1975, that action abandoned past practices of re- Policy. The council was established in 1971 to coordinate quiring a further extension just before Congress recessed at policies of all executive departments and agencies having the end of the year. Because the debt limit would fall to its responsibilities for international economic policy. The Nix- permanent $400-billion level without extension of the tem- on administration had requested an open-ended authoriza- porary additional limit, an end-of-session extension bill fre- tion through fiscal 1977, but the House Banking and quently served as a handy vehicle to force House action on Currency Committee narrowed that to one year SO the com- unrelated Senate amendments. (Weekly Report p. 1730) mittee could review the council's activities. (Weekly Report As cleared, therefore, HR 14832 simply extended the p. 1712) temporary federal debt ceiling through March 31, 1975, and Small Business Loans. Congress extended the Small raised the limit to $495-billion from the existing $475.7- Business Administration's (SBA) authority to make loans billion. The Nixon administration had requested a tem- to assist small businesses through fiscal 1975. As cleared, porary limit increase to $505-billion through June 30, 1975. S 3331 (PL 93-386) increased the ceiling on outstanding OMB Director Confirmation. After bowing to Presi- SBA-financed loans to $6-billion, from the existing $4,875,- dent Nixon's objections to requiring confirmation of incum- 000,000 level, and made other changes affecting SBA bent advisers, Congress cleared legislation (S 37-PL 93- operations. Final action came when the Senate Aug. 7 250) making future Office of Management and Budget accepted House amendments directing SBA to make $400- (OMB) directors and deputy directors subject to Senate con- million in direct loans during fiscal 1975 and pegging the firmation. direct loan interest rate at 1/4 per cent above the rate paid by Cleared on Feb 7, S 37 made no provision for requiring the federal government. Those amendments were intended confirmation of the occupants of those posts at the time, to reverse an SBA policy stressing federally guaranteed Director Roy L. Ash and Deputy Director Frederic V. loans by private banks instead of direct loans of SBA funds. Malek. The House in 1973 had upheld Nixon's veto of In light of charges of corruption and mismanagement another measure (S 518) that included Ash and Malek under which were investigated by a House subcommittee, the bill the confirmation requirement. directed the GAO to audit all SBA offices and field offices Final action came when the Senate by voice vote and report its findings to Congress. (Weekly Report p. 2240) accepted a House amendment that deleted provisions op- Public Jobs. In its only major legislative action in the posed by the administration that would have formally post-election recess to deal with the nation's economic COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. Reproduction prohibited in whole or in part except by editorial clients Dec. 28, 1974 PAGE 93rd Congress - 8 crisis, Congress Dec. 18 cleared HR 16596 (PL 93-000) Christmas Tree Taxes. Congress Dec. 20 cleared last- setting up an emergency public jobs program and extending minute tax amendments that the Senate had attached to unemployment compensation coverage to approximately 12 minor House legislation (HR 421-PL 93-000) suspending million persons not currently covered. A second measure, duties on upholsterers' needles and pins. (HR 17597-PL 93-000) cleared Dec. 19, gave unemployed The most significant provisions of the bill increased the workers already covered by unemployment compensation interest rate that the Treasury charged on delinquent tax an additional 13 weeks of benefits. (See next bill, below) payments, doubled the existing limit on tax credits and Although both chambers of Congress had been working deductions for political contributions and clarified the tax on public employment legislation early in the fall-the status of political parties. The bill generally exempted President's proposals were submitted in early October-the political organizations from taxes on campaign con- real drive toward enactment of the jobs measure did not oc- tributions but subjected them to regular taxes on their in- cur until December when it was reported by the Labor come from investments and property. Department that the nation's unemployment rate had reached 6.5 per cent in November-the highest level in 13 ACTION NOT COMPLETED years. The bill authorized $2.5-billion in fiscal 1975 for the Tax Revision. Despite two years of study by the House public service jobs program to hire jobless workers to per- Ways and Means Committee-and various attempts form community services in fields such as health, through floor amendments by Senate liberals-the 93rd education, sanitation and recreation. The authorization Congress produced no major legislation revising the would create about 330,000 jobs at average annual wages of nation's tax laws. $7,800. It was estimated that about $2.5-billion would be Its internal unity shaken by Chairman Wilbur D. Mills' necessary to extend coverage to workers not currently eligi- (D Ark.) personal troubles, and its attention diverted in ble for unemployment compensation. (Weekly Report p. both 1973 and 1974 by health insurance, trade reform and 3363) other issues, the Ways and Means Committee drew up three Unemployment Compensation. As a companion to the separate tax revision bills but never sent any to the House floor. public jobs bill, Congress Dec. 19 passed legislation (HR 17597-PL 93-000) giving an additional 13 weeks of un- In the Senate, meanwhile, Democrats failed to muster employment benefits to those workers who had exhausted sufficient votes to bypass the tax-writing Finance Com- their regular and extended unemployment compensation. mittee by adding tax revision amendments to minor House- Payments, however, could only be made if the unemploy- passed bills. ment reached and stayed at certain levels for a period of In the end, the House and Senate both ignored strong time. The two-year program was estimated to cost about congressional sentiment for raising oil industry taxes and $2.1-billion if national unemployment did not rise substan- for cutting personal income taxes to relieve the burdens of inflation and recession on middle income Americans. tially above 6.5 per cent. (Weekly Report p. 3368, 3363) Congress took no action, moreover, on President Ford's un- Export-Import Bank. After the Senate turned down popular plan to fight inflation and raise additional revenues two previous conference agreements in maneuvering for in 1975 by imposing a 5 per cent income tax surcharge on tougher congressional review of Soviet trade deals, corporations and middle- and upper-income persons. Congress Dec. 19 cleared HR 15977 (PL 93-000), extending Instead, action on tax proposals was deferred until the the Export-Import Bank through June 30, 1978, and in- more heavily Democratic 94th Congress convened in 1975. creasing its lending authority by $5-billion. The possibility of approving any major tax legislation Final action came when the Senate by a 71-24 vote in 1974 died when the House Rules Committee Dec. 12 voted adopted a third conference report on the bill that included 9-5 against considering a rule allowing floor action on a provisions to curtail the bank's support for exports to the scaled-down tax bill (HR 17488) that the Ways and Means Soviet Union and, eventually, to put the bank's finances un- Committee had reported Nov. 26. der federal budget restraints. Drawing together the most popular provisions it had In clearing the third conference. report by a 280-181 approved in earlier legislation, the Ways and Means Com- vote Dec. 18, the House bowed to Senate demands for mittee had offered HR 17488 in hopes of salvaging some of retaining provisions returning the bank to the federal its tax work and of recouping its dwindling prestige among budget and requiring congressional review of loans and other House members. guarantees for Soviet fossil-fuel development projects. The bill coupled $2.25-billion in personal income tax In its final form, HR 15977 put a $300-million limit on cuts at low- and middle-income levels with repeal of the future Export-Import Bank financing for exports to the percentage depletion allowance on most oil and gas income Soviet Union. Within that limit, moreover, only $40-million and other provisions to raise oil-industry taxes. could be devoted to research and exploration of Soviet fossil But with oil-state members opposing the measure fuels such as natural gas. and liberals expecting far tougher legislation in 1975-and The bill prohibited loans and guarantees to develop with Mills' erratic behavior forcing his ouster as Ways and those resources and allowed the $300-million ceiling to be Means chairman-House leaders were content to let HR lifted by the president only if Congress concurred. The 17488 die with the congressional adjournment. bank was required to notify Congress in advance of any Two earlier Ways and Means tax measures met the loan of $60-million or more to any nation. same fate. Facing a showdown over a House Democratic The bank had been outside the regular federal budget Caucus directive to House Rules Committee members to since 1971, but HR 15977 included provisions returning it to allow floor amendments to tighten its provisions, Mills the budget on Oct. 1, 1976, the date that new congressional refused to ask for a rule permitting floor consideration of a budget procedures go into full effect. (Weekly Report p. bill containing less stringent provisions raising oil industry 3288) taxes than those likely to be offered as-floor amendments. FORD COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. PAGE 3422-Dec. 28, 1974 Reproduction prohibited in whole or in port except by aditorial clients 07V: LIBR 93rd Congress - 9 The committee never reported a broad-scale tax revi- Banking and Currency Committee Chairman Wright sion bill even though it had reached agreement on most of Patman (D Texas) to require full-scale audits of the semi- its provisions before Congress recessed in October for the independent Federal Reserve System. Nov. 5 congressional elections. Wary of possible political pressures against the In the Senate, liberal Democrats were outmaneuvered Federal Reserve Board's tight-money policies, the House by opponents of various proposals to eliminate the oil and before passing the bill adopted an amendment by Banking gas depletion allowance, cut individual income taxes and and Currency Committee members that specified that GAO make other revenue-raising changes in business taxation. auditors were not to make judgments on the handling of the The Senate in January attached to a minor House bill nation's monetary policies. (Weekly Report p. 1513) amendments by Edward M. Kennedy (D Mass.) that would have reduced individual income taxes retroactive to 1973 and tightened the minimum tax on preference income. But Education by a 48-27 vote the Senate then recommitted the entire measure, effectively killing Kennedy's proposals. ACTION COMPLETED Kennedy, Hubert H. Humphrey (D Minn.) and other Democrats offered similar amendments in June, trying to Elementary and Secondary Education. The first ma- attach them to legislation that had to be passed by July 1 to jor bill that Gerald R. Ford signed into law after assuming allow the federal government to continue financing its debt. the presidency was the omnibus Elementary and Secondary But James B. Allen (D Ala.) led a filibuster to prevent Education Act Amendments (HR 69-PL 93-380). As cleared separate floor votes on the amendments, which included by Congress July 31, the act extended most programs popular provisions raising oil-industry taxes by $4-billion authorized under the Elementary and Secondary Education and reducing individual taxes totaling $6.5-billion by in- Act of 1965 for four years, through fiscal 1978, authorizing creasing the personal exemption to $825 from $750. By a more than $25-billion in appropriations over that period. 33-64 roll call, the Senate decisively rejected a package HR 69 completely revised the formula under which combining various proposals in the only up-or-down vote on federal compensatory education aid was distributed to a tax amendment taken during the debate on the debt school districts. The formula generally shifted the aid from ceiling bill. wealthier, urban states to the poorer, rural ones. In ad- After failing to close off the filibuster, Democrats dition, the act provided for a consolidation of several abandoned their amendments. The Senate then passed the categorical grant education programs under certain circum- debt ceiling bill without amendments. (See debt ceiling stances. legislation.) (Weekly Report p. 3268, 1730) The bill established a new reading improvement Securities Reform. With the House Rules Committee program and continued federal impact aid to school dis- blocking floor action during the lame-duck session, tricts having significant numbers of children connected Congress failed to enact legislation to redesign the U.S. with the federal establishment; aid to handicapped children securities industry. as well as vocational and adult education programs were ex- By a 6-6 vote on Dec. 3, the Rules Committee for a sec- tended. ond time refused to grant a rule for floor action on a The perennial congressional controversy over the bus- measure (HR 5050) drawn up by the Interstate and Foreign ing of school children to overcome racial segregation again Commerce Committee after four years of study of surfaced in 1974. The House, which acted on the legislation securities industry problems. The Rules Committee Nov. 25 first, adopted 293-117 an amendment prohibiting students had refused a rule for HR 5050 by a 6-8 vote. from being bused beyond the school next closest to their The bill would have encouraged development of an in- homes and allowing all old busing court orders to be re- tegrated national securities market system by strengthen- opened and brought into compliance with the new busing restrictions. ing Securities and Exchange Commission (SEC) powers over the self-regulatory stock exchanges and the over-the- On a series of 47-46 votes, the Senate weakened the counter securities market. Designed to remove obstacles to House language by allowing the courts to order more exten- competition within the industry, the bill included con- sive busing to protect constitutional rights. The Senate also troversial provisions abolishing fixed stock market commis- dropped the court reopener provision. After almost two sion rates and opening up stock exchange membership to all months of deliberation, House-Senate conferees agreed to qualified brokers and dealers. follow the Senate language with a proviso that parents or The New York Stock Exchange and Securities Industry school districts could seek to have court busing orders re- Association opposed HR 5050-especially provisions that opened if the time or the distance traveled impinged on the required competitively negotiated commissions after May educational process or endangered the student's health. 1, 1975-arguing that major changes in the industry's The Senate adopted the conference report July 24 on an structure were unwise while stock prices and industry 81-15 vote; the House on July 31 by 323-83. Ford signed the profits were low. The SEC was moving to abolish fixed com- bill into law Aug. 21. (Weekly Report p. 2248) missions after May 1 by administrative proceedings. Civil Rights Amendment. A potentially more The Senate had approved similar legislation in three dangerous threat to the civil rights movement than the separate bills: S 470 and S 2058, passed in 1973, and S 2519, anti-busing provisions introduced in recent years was passed by voice vote on May 28. (Weekly Report p. 3272) narrowly averted in the final days of the session. The Federal Reserve Audits. The Senate did not act on a threat, in the form of an amendment to a supplemental House-passed bill (HR 10265) to require General Ac- appropriations bill (HR 16900-PL 93-000), would have counting Office (GAO) audits of Federal Reserve System prohibited the Department of Health, Education and administrative operations. As passed by the House May 30, Welfare (HEW) from effectively enforcing federal racial & FOR HR 10265 was a watered down version of proposals by and sex discrimination laws. GERALD COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. Reproduction prohibited in whole or in port except by editorial clients Dec. 28, 1974-PAGE 3423 93rd Congress - 10 The proposal, which was strongly opposed by HEW Both the Senate and House bills were considered strong and the Justice Department, was adopted by the House but measures. While the basic approaches were the same, there rejected in the Senate. House-Senate conferees retained a were several major differences and innumerable minor modified version that negated the original purpose of the ones between the two. Conferees met 20 times to work out a amendment. final version. For most of a three-month period it appeared But when the amendment first reached the Senate, that an agreement might elude them because of a contro- Minority Leader Hugh Scott (R Pa.) and Majority Leader versy over regulation of federally owned coal which lay be- Mike Mansfield (D Mont.) offered a modification to nullify neath privately owned land. A compromise was finally it. After agreeing 56-27 to a motion to end a filibuster on the reached Dec. 3. The bill was cleared by the House Dec. 13 Scott-Mansfield amendment, the Senate, by a 56-27 vote, and by the Senate Dec. 16. adopted the modification. The bill went back to the House The White House Dec. 13 announced that President which capitulated and approved the Senate change, clear- Ford intended to veto the bill because he said it would ing the supplemental bill for the President. (Weekly diminish U.S. energy resources and increase unemployment. Report p. 3387) Reportedly, the veto was recommended by the Federal Sex Discrimination. In one of its final actions of the Energy Administration and the Treasury Department and session, Congress moved to clarify at least partially its in- opposed by the Interior Department and the Environmental tent with regard to sex discrimination laws authorized un- Protection Agency. (Weekly Report p. 3383) der the Education Amendments of 1972. Clean Air Deadlines. Clean air standards and The situation arose when the Department of Health, deadlines were eased to save energy under legislation (HR Education and Welfare (HEW) announced that its in- 14368-PL 93-319) which was cleared by Congress June 12. terpretation of the laws that prohibited sex discrimination The changes were part of an energy emergency package in any school that received federal funds applied also to requested by Nixon. Fuel burning plants which could burn fraternities, sororities and youth service organizations such coal could be prohibited from burning oil and gas under PL as the Boy Scouts. 93-319. In strictly limited cases, final air pollution During consideration of the conference report on the regulations authorized by the Clean Air Act of 1970 could be Labor-HEW appropriations bill, conferees stated that the delayed until 1979. The measure also delayed final auto regulations were not to apply to such organizations or to pollution emission standards for one year, until 1977. physical education classes. However, HEW said the con- HR 14368 was the only portion of the original energy ference language did not have the force of law and that the emergency package to be cleared. (Weekly Report p. 1609) department would disregard it. The Senate then added a provision, which the House Energy Reorganization. Two of former President Nix- accepted, to a bill (S J Res 40-PL 93-000) calling for a on's proposals to reorganize federal energy agencies were White House conference on libraries. The amendment ex- cleared by Congress in 1974: measures establishing a empted only social fraternities and sororities and youth ser- Federal Energy Administration (FEA) and an Energy vice organizations but did not extend to physical education Research and Development Administration. classes. The first major energy measure to clear Congress in The library conference bill was also used as a vehicle to 1974 was HR 11793 (PL 93-275), setting up the FEA to clarify certain provisions of the student records disclosure manage the fuel crisis. amendment added to the massive elementary and second- Nixon requested the agency in 1973 and intended that ary education bill (see above) enacted in August. (Weekly it be given broad powers "to take all actions needed" to cope Report p. 3466) with energy problems. However, HR 11793 limited the powers granted the agency to those specifically approved by Energy and Environment Congress or authorized to the President by Congress. The measure transferred to the FEA from the Interior Depart- ACTION COMPLETED ment the Offices of Petroleum Allocation, Energy Conser- vation, Energy Data and Analysis and Oil and Gas. The Strip Mining. The most important piece of en- Energy Division of the Cost of Living Council was also vironmental legislation of the 93rd Congress was finally transferred to the new agency. The measure was cleared cleared Dec. 16 but faced an almost certain presidential May 2. (Weekly Report p. 1135) veto. On Oct. 10 Congress cleared HR 11510 (PL 93-438), The bill (S 425) provided for federal and state regula- abolishing the Atomic Energy Commission (AEC) and tion of strip mining for coal and for the reclamation of creating an Energy Research and Development Ad- lands that had been previously stripped and abandoned. It ministration (ERDA) and a Nuclear Regulatory Com- established minimum environmental standards to be mission. followed by the states in drawing up mandatory strip min- Nixon had made passage of the measure a top priority, ing control programs. It also provided that land that could and Ford called for its enactment in his Sept. 12 message on not be reclaimed would be designated unsuitable for strip legislative priorities. As cleared, HR 11510 was much more mining. The bill provided for extensive citizen par- oriented toward energy conservation, environmental ticipation, including the right to sue, in drafting and enforc- protection and nuclear safety than the version first pro- ing regulations. posed by Nixon. S 425 had been passed by the Senate Oct. 9, 1973. The ERDA was to be built around the energy research fune- House version (HR 11500) was passed July 25 after a rare tions of the AEC. Its mission was to provide a single federal and bitter six-day debate. During congressional con- agency to manage and coordinate all federal energy sideration, the National Coal Association, American Mining research and development programs. The bill transferred Congress and utility companies lobbied furiously against the AEC's licensing and regulatory powers to a new, five- the proposal. member Nuclear Regulatory Commission. Also established COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. PAGE 3424-Dec. 28, 1974 Reproduction prohibited in whole or in part except by editorial clients 319 FORD LIB 93rd Congress - 11 was a temporary Energy Resources Council in the White Only one section was made retroactive to April 20, House to advise the president on energy policy and to coor- 1973, to benefit victims of the April 4 tornadoes. It dinate the federal government's scattered energy respon- authorized special aid up to $5,000 to families who had suf- sibilities. (Weekly Report p. 2925) fered from extraordinary disaster damage. (Weekly Report Fuel Allocation Act Extension. Congress Nov. 21 p. 1277) cleared legislation (HR 16757-PL 93-511) to extend the Wilderness Areas. Legislation (S 3433-PL 93-000) to Emergency Petroleum Allocation Act (PL 93-159) for six provide for additional wilderness areas in the eastern months through Aug. 31, 1975. The original act was passed United States was passed by the Senate May 31, and in the in November 1973 to ensure that scarce oil supplies were House Dec. 19. S 3433 added 207,000 acres of national forest allocated fairly among users. The administration wanted to in eastern states to the National Wilderness Preservation phase out the program but supported the brief extension to System. Another 125,000 acres were designated as study provide for an orderly transition to the free market system. areas for possible inclusion in the system. S 3433 also per- Congress provided the extension to give time for a thorough mitted inclusion in the wilderness system of eastern areas congressional review of the program. The original expira- which had been exploited and then allowed to return to tion date was Feb. 28, 1975. (Weekly Report p. 3225) their natural state. (Weekly Report p. 1510) New Energy Sources. Congress cleared three National Park System. Congress Oct. 16 cleared measures to provide for research, development and legislation (HR 14217-PL 93-477) authorizing an ad- demonstrations of solar and geothermal energy resources. ditional $95-million to acquire and develop land for 16 On Aug. 21 Congress cleared HR 11864 (PL 93-409), national parks. The largest authorization increase was from providing for demonstrations of solar energy to heat and $38-million to $57.8-million for the Sleeping Bear Dunes cool buildings. HR 11864 directed the Department of Hous- National Lakeshore in Michigan. (Weekly Report p. 3042) ing and Urban Development to test demonstration models Special Energy Funding. Congress consolidated in of solar heating and cooling systems in homes, commercial one fiscal 1975 appropriations measure (HR 14434-PL 93- buildings and public buildings. The measure was designed 322) energy research and development appropriations that to test the commercial feasibility of the systems by 1980. previously had been considered in seven separate (Weekly Report p. 2407) appropriations bills. On the same day, Congress cleared HR 14920 (PL 93- HR 14434 appropriated a total of $2,236,089,000, com- 410), to develop the commercial potential of geothermal pared to the budget request of $2,203,728,000. The bulk of energy by 1980. It provided for a three-stage effort to 1) locate and make an inventory of prime geothermal re- the funds, $1,486,660,000, were for the Atomic Energy Com- mission. Also appropriated was $557,164,000 for the sources; 2) carry out research and development to solve Interior Department's energy research and development technological problems that hampered exploitation of geothermal resources and 3) demonstrate the commercial programs. The consolidation of the programs was intended to give potential of producing electric power from underground Congress a chance to review all energy R&D funds in one heat. (Weekly Report p. 2395) package and to clear the appropriations before the start of Congress Oct. 11 cleared a broader solar energy the fiscal year SO that research and development programs measure (S 3234-PL 93-473) establishing a federal could proceed rapidly. Congress beat the deadline by four program to speed the development and commercial use of days, clearing the measure on June 24. (Weekly Report p. advanced solar energy technologies. S 3234 provided for 1707) support of research on specific projects such as direct use of The Interior Department's fiscal 1975 appropriations the sun's energy by industry and the conversion of solar bill (HR 16027-PL 93-404), which cleared Congress Aug. energy into electricity. (Weekly Report p. 2999) 20, contained $203,575,000 for the U.S. Geological Survey Daylight Saving Time. Congress reversed its 1973 and $77,863,000 for the Bureau of Mines. Both agencies decision to institute year-round daylight saving time as an have responsibility for energy programs. (Weekly Report energy saving measure. A bill (HR 16102-PL 93-434) p. 2392) cleared Sept. 30 restored standard time for the four-month period between Oct. 27, 1974, and Feb. 23, 1975. FEA Administrators. The Senate Dec. 11 confirmed Although the Department of Transportation estimated Frank G. Zarb as head of the Federal Energy Ad- that daylight saving time had resulted in electricity savings ministration. Two days later, the Senate confirmed Melvin of 1 per cent in March and April 1974, it agreed to a return A. Conant as assistant FEA administrator despite con- to standard time because of public concern for the safety of troversy over a potential conflict of interest. children who had to go to school on dark winter mornings. Conant's personal integrity and ability were not (Weekly Report p. 2875) questioned, but Senate critics said that a $90,000 severance payment given to Conant from the Exxon Corporation could Disaster Relief. Spurred by spring 1974 tornadoes make it difficult for Conant to objectively deal with the fuel which ravaged sections of the South and Midwest, Congress crises and other problems affecting the oil industry. May 15 cleared S 3062 (PL 93-288), streamlining federal dis- Conant's nomination was the second of President aster relief programs under the Disaster Relief Act of 1970. Ford's choices for FEA positions to meet with conflict of in- The measure provided assistance to states, individuals terest charges. and communities that had been struck by disasters. PL 93- The nomination of Andrew E. Gibson to be FEA ad- 288 also permitted the president to distinguish between ministrator was withdrawn Nov. 12 after it was learned emergencies, which would qualify state and local that Gibson had been promised $880,000 in severance pay governments for supplementary federal aid, and major dis- from his former employer, an oil shipping company with in- asters, for which the full array of federal disaster terests related to matters he would have to monitor. assistance would be employed. (Weekly Report p. 3375, 3138) COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. Reproduction prohibited in whole or in part except by editorial clients Dec. 28, 1974 PAGE 3485 93rd Congress - 12 Oil Shipments on U.S. Vessels. Despite overwhelming version to the legislation which created ERDA. The House criticism and opposition from most of the affected govern- passed S 1283 on Sept. 11. (Weekly Report p. 2547) ment agencies, Congress Dec. 16 cleared HR 8193 (PL 93- 000), requiring that a percentage of oil and oil products im- ACTION NOT COMPLETED ported into the United States be transported on U.S. Land Use. Legislation which President Nixon once flagships. called his top legislative priority in the environmental field The final version required that, upon enactment, 20 per but later opposed after the Senate and a House committee cent of all imported oil and oil products be carried on had approved a version too restrictive to his liking died on privately owned U.S. flagships, if they were available. The June 11 when the House defeated, 204-211, the rule under percentage would have to increase to 25 per cent by June 30, which the bill was to be debated on the floor. 1975, and to 30 per cent by June 30, 1977. HR 8193 also The defeat was forecast a month earlier when the authorized the President to waive the percentage re- House Rules Committee voted 8-7 to delay floor action on quirements during national emergencies. the House version (HR 10294) indefinitely. Minority Leader The conference report on HR 8193 had appeared John J. Rhodes (R Ariz.) told the committee Nixon did not hopelessly stalled in the Senate until Senate backers back the version of the bill reported by the Interior and In- reportedly made a last-minute deal in mid-December to sular Affairs Committee. The Rules Committee later voted support the trade reform bill (HR 10710) in return for sup- to send the bill to the floor, but the rule was then defeated. port on the cargo preference bill. (See foreign trade legis- The Senate had passed a companion bill (S 268) in 1973. lation.) Major objections of the administration as well as of Opponents of HR 8193 argued that it would cause an business and ranching interests which lobbied against the increase in the cost of oil to consumers and that the in- legislation were to the bill's guidelines which emphasized flationary impact of the bill could be devastating to the the environmental protection aspects that would be man- nation's economy. datory in drafting state land use plans. Backers maintained that any increase in oil prices However, Rep. Morris K. Udall (D Ariz.) and Sen. Henry would be minimal and that the bill would add thousands of M. Jackson (D Wash.), principal sponsors of the legislation, jobs for American workers. In addition, they said, HR 8193 charged that HR 10294 was a victim of Nixon's efforts to would decrease U.S. dependency on foreign ships. (Weekly win conservative support in his struggle to avoid im- Report p. 3370) peachment. (Weekly Report p. 1569) Deepwater Ports. In the final days of the session, Nuclear Accident Insurance. The Joint Committee on Congress cleared a bill (HR 10701-PL 93-000) supported by Atomic Energy gave up efforts Nov. 20 to extend until 1982 President Ford to authorize a federal licensing and the federal program insuring the public against losses in regulatory program for construction and operation of the event of a nuclear power plant accident. The insurance deepwater ports beyond the three-mile limit of U.S. program, created under the 1957 Price-Anderson Act, did territorial waters. not expire until Aug. 1, 1977, however. Supporters said deepwater ports-facilities located in A bill (HR 15323) to extend the program ran into strong water at least 70 feet deep and capable of handling vessels opposition from environmental groups who argued that the of 200,000 deadweight tons or larger-would bring substan- extension was premature without re-evaluation of the tial savings in oil transportation and would reduce the risk nation's future dependence on nuclear power. The version of environmental damage from oil spills. of the bill cleared by Congress Sept. 30 reflected this opposi- The final version gave strong protection to adjacent tion by limiting the extension to five years-instead of 20 coastal states-defined as those connected by an oil years as initially proposed-and by allowing Congress to pipeline, located within 15 miles of a port or designated by disapprove the extension after review of a major new study the secretary of transportation as likely to incur equal or of nuclear safety. greater environmental damage from the port. No port could President Ford vetoed the bill Oct. 12 because he ob- be built unless the governors of such adjacent coastal states jected to a provision allowing Congress to revoked the ex- approved the proposed construction. (Weekly Report p. tension after he had signed the bill into law. Sponsors decid- 2912) ed against an override attempt and then postponed recon- sideration until 1975 because too little time remained in the Non-Nuclear Energy Policy. Congress Dec. 17 cleared legislation (S 1283-PL 93-000) establishing a 10- 93rd Congress. Environmental groups were pleased with the delay because key proponents of nuclear power on the year, $20-billion program of research on and development of non-nuclear energy resources, but also emphasizing joint committee retired at the end of the 93rd Congress. energy conservation, environmental protection and the (Weekly Report p. 3235) development of renewable energy resources. The measure Coal Development. The Senate in 1974 passed two was largely noncontroversial, except for the patent provi- bills to help promote the use of coal, but the House did not sions. The Ford administration objected to Senate provi- act on either. sions which would have required the federal government to On July 9 the Senate passed S 3528, to revise federal retain rights to technologies developed under the act and coal leasing policies. The measure was part of a revision of to license the technologies on a non-exclusive basis. The the Mineral Leasing Act of 1920 proposed (S 1040) by Nixon. final version permitted a waiver of federal rights and exclu- The Senate Interior and Insular Affairs Committee said it sive licenses under clearly restricted guidelines. gave priority to coal leasing because the Interior Depart- S 1283 was designed as a non-nuclear component to go ment was preparing to resume large-scale coal leasing in with the nuclear power programs that were transferred to the West. S 3528 provided for competitive bidding on coal the Energy Research and Development Administration leases, promoted land use planning prior to leasing and (ERDA) from the Atomic Energy Commission. The Senate limited lease terms to 20 years instead of the indefinite passed S 1283 in December 1973 and added a stripped down period under existing law. (Weekly Report p. 1840) : FORD COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. PAGE 3426-Dec. 28, 1974 Reproduction prohibited in whole or in part except by editorial clients RALD LIBR 93rd Congress - 13 On Sept. 18 the Senate passed S 3879, to authorize the Natural Gas Degregulation. Democrats managed to secretary of interior to grant rights-of-way across federal keep the administration's natural gas deregulation bill (S lands for coal pipelines. S 3879 was designed to clear the 2048) bottled up in committee all year. President Ford had way for building pipelines to carry western coal to electric made natural gas deregulation one of his legislative utilities in other parts of the nation. Coal can be carried by priorities in his Sept. 12 message to Congress. pipeline as slurry-small particles of coal suspended in Sen. James L. Buckley (Cons-R N.Y.) abandoned an water. (Weekly Report p. 2230) attempt to offer a natural gas deregulation amendment to Federal Land Management. Legislation (S 424, HR the trade reform bill (HR 10710) and announced in mid- December that he would introduce the amendment to the 16800) to consolidate the management of 451-million acres of federal lands administered by the Bureau of Land emergency energy bill (S 3267). Sen. Henry M. Jackson (D Management (BLM) passed the Senate July 8 but died in Wash.), however, said that plans to add the natural gas the House Interior and Insular Affairs Committee. S 424 deregulation amendment to the emergency energy bill would kill any chance of approving that bill, and the legisla- would authorize the secretary of interior to record, manage tion was never considered. and plan for the diverse use of lands under BLM jurisdic- tion. The secretary also could grant rights-of-way across Ocean Resources. The Senate in 1974 considered two BLM lands for energy, transportation and other transmis- sion facilities. Nixon had called for the consolidation of measures dealing with ocean resources. The House did not management of BLM lands in his Feb. 15, 1973, en- take action on any of them. Included were measures to 1) vironmental message. (Weekly Report p. 1828) exploit oil and gas resources on the outer continental shelf 3221) and 2) authorize mining on the ocean floor (S 1134). Recycling Materials. Congress failed to complete The administration opposed both. action on two bills dealing with the recycling of minerals and materials. S 3221, passed Sept. 18, would require the secretary of interior to develop a 10-year leasing program for outer con- The Senate Commerce Committee Aug. 22 reported tinental shelf oil and gas lands by Jan. 1, 1978. The most S 3954, to encourage the recycling of minerals and other controversial provisions would authorize grants to the scarce resources and establish improved procedures for dis- states to help them deal with environmental and other posing of hazardous wastes. The measure was then referred problems arising from oil and gas development of their to the Public Works Committee, but no further action was coasts. An amendment to delete the provisions was killed taken. (Weekly Report p. 2385) on a 61-29 vote. The administration and the oil industry said new leasing and environmental procedures mandated The Senate Commerce Committee held hearings May 6- by S 3221 would hamper development of the outer continen- 7 on S 2062, to ban the shipment in interstate commerce of tal shelf. (Weekly Report p. 2536) nonreturnable beverage containers. The measure was never reported; there was no similar legislation considered by the S 1134 would permit mining companies to explore or House. (Weekly Report p. 1225) mine for manganese nodules on the ocean floor if they had obtained a license from the secretary of interior. No license Energy Conservation. Congress took no action in 1974 could be granted after the United States ratified an inter- on legislation 2176) to promote energy conservation. The national treaty governing mining on the deep seabed. The bill was passed by the Senate in December 1973. S 2176 administration argued that S 1134 would hamper efforts to would mandate gasoline mileage standards for automobiles negotiate such a treaty. S 1134 was reported by the Senate and require that autos and major appliances carry labels Interior and Insular Affairs Committee on Aug. 21, but no listing their energy efficiency. action was taken by the Senate. (Weekly Report p. 2387) The Senate Commerce Committee started hearings in December 1974 on related proposals calling for a 50 per cent reduction in gasoline consumption and a 15 per cent cut in Toxic Substances Control. A measure (S 426) to give industrial energy use by 1980. John C. Sawhill, then the the Environmental Protection Agency (EPA) authority to federal energy administrator, opposed the mileage stan- control the sale and production of potentially hazardous dards as too stringent and said the provisions to reduce in- chemical substances remained tied up in conference com- dustrial energy use were premature. The administration mittee throughout 1974. The House and the Senate passed was trying to convince industry to reduce energy use volun- differing versions of the measure in July 1973. Conferees, tarily. (Weekly Report p. 3275) however, did not start working on S 426 until November 1974. Naval Petroleum Reserves. Congress took no action The major disagreement was the extent to which the in 1974 on one of the administration's major proposals to EPA administrator would be required to use existing laws, meet the fuel crisis-legislation (S J Res 176, H J Res 832) rather than the powers under S 426, to control dangerous to authorize crude oil production from the Elk Hills, Calif., chemicals. The House version imposed greater limitations Naval Petroleum Reserve. The measure was passed by the on the administrator's flexibility to use the new act. (1973 Senate in 1973 but died in the House Armed Services Com- Almanac p. 674) mittee. (Weekly Report p. 1205) Independent Refineries. The Senate Nov. 26 passed Other Energy Proposals. Congress took no action in legislation (S 2743) to guarantee loans to cover the costs of 1974 on two administration-backed energy proposals. constructing independent refineries. Up to 75 per cent of any loan could be guaranteed by the FEA administrator. S 2135, HR 9090, to create a Department of Energy and Natural Resources. The bill had been reported Nov. 21 by the Interior and In- sular Affairs Committee. No action was taken by the HR 15987, to speed the licensing of nuclear power House. (Weekly Report p. 3276) plants. FORD COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. Reproduction prohibited in whole or in part except by editorial clients Dec. 28, 1974 PAGE 3427 LIBRAH, 93rd Congress - 14 Foreign Policy, Trade legislation (S 2957-PL 93-390), cleared Aug. 13, specified deadlines for the transfer to the private sector of OPIC's in- ACTION COMPLETED surance of overseas investments against the risks of ex- propriation, war and inconvertibility; but the program Foreign Aid. Congress Dec. 18 cleared for the Presi- must come up for congressional review before the first dent the foreign assistance act (S 3394-PL 93-000), deadline is reached in 1979. Target dates were set for OPIC authorizing $2,697,226,000 in economic and military aid for to begin sharing its insurance role with private companies: fiscal 1975. The amount was $554,974,000 less than re- at least 25 per cent outside participation in new inconver- quested by the administration. A House-Senate conference tibility insurance by Jan. 1, 1975, and 50 per cent by Jan. 1, agreement on the bill was narrowly approved by the Senate 1978, and 12 per cent for war risk insurance by Jan. 1, 1976. Dec. 17 by a vote of 49-43 and by the House Dec. 18 by a (Weekly Report p. 2245) 209-189 vote. Because the aid authorization was not cleared until two IDA, Gold Ownership. The House backed down from days before Congress adjourned, no attempt was made to its earlier opposition to continued U.S. participation in the pass a foreign aid funding bill, and money for the programs International Development Association and on July 2 was appropriated through a joint resolution (H J Res approved, 225-140, a bill (S 2665-PL 93-373) authorizing 1178-PL 93-000) making continuing appropriations $1.5-billion, to be made in four equal annual installments, through Feb. 28, 1975, at an annual rate of $3.1-billion. as the U.S. share to IDA. The bill picked up support from In addition to the authorizations, the bill ordered a members usually opposed to U.S. participation in inter- suspension of military aid to Turkey until there was national economic development organizations because of a progress toward a solution of the military situation on provision permitting private ownership of gold by Cyprus-where Turkish troops occupied more than one- Americans for the first time since 1934. The bill was cleared third of the terriroty following its July invasion-but July 31. The House Jan. 23 had defeated by a 155-248 vote a authorized the President to delay the cutoff until Feb. 5. similar bill (HR 11354) authorizing IDA participation, but For Indochina, the bill authorized a limit of $617- that version did not contain the gold ownership provision. million for economic assistance and set ceilings by country The Nixon administration supported continued participa- within that limit. The bill also set limits on military aid to tion in IDA-the World Bank's soft-loan window-and first South Vietnam, Cambodia and Laos. opposed but later dropped its opposition to gold ownership. For the Middle East, the bill authorized a total of $1.08- The gold provision permitted private ownership of gold billion, with $625-million going to Israel and $250-million to as of Jan. 1, 1975, and was added as an amendment to the Egypt. IDA bill in the Senate. (Weekly Report p. 2067) The bill also placed restrictions on aid to Chile, South Foreign Broadcasting Policies. Congress Aug. 15 Korea and India, provided for congressional disapproval of cleared a bill (S 3190-PL 93-392) authorizing $49.99- large arms sales to foreign countries and repealed a ban on million in fiscal 1975 for Radio Free Europe, Radio Liberty aid to Greece. and the Board for International Broadcasting. The amount S 3394 had followed a tortuous course through was $150,000 more than the administration requested and Congress. After being reported Sept. 3 by the Foreign $219,000 less than the $50,209,000 authorized for fiscal 1975. Relations Committee, the bill was recommitted by the The extra $150,000 was added by the House Foreign Affairs Senate Oct. 2 with administration backing because it con- Committee to augment Radio Liberty's Baltic language tained a ban on aid to Turkey as well as various policy broadcasts. (Weekly Report p. 2314) restrictions on the executive branch. The compromise on Turkish aid was reached only in the final week of the Foreign Disaster Relief. On June 26 Congress cleared session. (Weekly Report p. 3361) legislation (HR 12412-PL 93-333) authorizing $150-million for disaster relief, rehabilitation and reconstruction Trade Reform. Congress completed action Dec. 20, the assistance to victims of the 1973 floods in Pakistan, the 1972 last day of the session, on major trade legislation (HR 10710 earthquake in Nicaragua and drought and famine in -PL 93-000) giving the president broad authority to nego- Ethiopia and the countries of the African Sahel. It was the tiate and implement trade agreements with foreign nations. same amount as that requested by the administration, and With strong White House pressure to reach an agree- had already been appropriated by Congress in the fiscal ment before adjournment, the Senate passed HR 10710 Dec. 1974 foreign aid appropriations bill. (Weekly Report p. 13 by a vote of 77-4. The House had passed it Dec. 11, 1973. 1790; 1973 Almanac p. 177) The final version included an amendment by Sen. Henry M. State-USIA. Congress Oct. 11 approved an authoriza- Jackson (D Wash.) reflecting the compromise reached by tion (S 3473-PL 93-475) of $981,439,000 for fiscal 1975 for him and the White House on Jewish emigration from the Soviet Union. That issue had stalled the bill for most of the State Department and the U.S. Information Agency, 1974 in the Senate Finance Committee. $53,774,000 less than the administration requested. In addi- tion to the standard authorizations, the legislation 1) re- The president, under HR 10710, would be authorized to pealed the Formosa Resolution of 1955, which authorized waive the bill's ban on granting favorable trade status to Communist countries that restricted emigration if he the president to send U.S. troops to defend Formosa, 2) re- received assurances from those countries that their policies quired the printing in the Congressional Record of politi- were leading to free emigration and SO informed Congress. cal contributions of ambassadorial nominees and 3) stated the sense of Congress that U.S. military and civilian person- (Weekly Report p. 3462) nel abroad should be reduced and that the State Depart- OPIC Extension. Congress extended the life of the ment should submit a five-year plan of future U.S. military semi-autonomous Overseas Private Investment Corporation and economic assistance to South Vietnam. through Dec. 31, 1977, but also signaled the beginning of the The final version did not contain Senate-passed end of its direct insurance and financial operations. The provisions that would have required congressional approval & FORD COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. PAGE 3428-Dec. 28, 1974 Reproduction prohibited in whole or in part except by editorial clients RALD LIBRAN 93rd Congress - 15 of military base agreements with foreign countries and any to domestic price increases or shortages and thus adversely new agreements with the United Kingdom over the U.S. affect the U.S. economy, authorized the defense secretary base on Diego Garcia, reorganized foreign aid legislation to review the export of certain items, established a and called for a review of U.S. policy toward Cuba. (Weekly procedure for hardship relief from controls and set Report p. 2918; Diego Garcia, see Defense legislation.) deadlines for the approval or disapproval of high technology Congress earlier had approved fiscal 1975 appropria- exports. tions of $705,692,000 for the State Department and $238,- Led by members from rural areas, the House Aug. 13 009,000 for USIA as part of the State-Justice-Commerce refused to go along with many of the recommendations of appropriations bill (HR 15404-PL 93-433). (Weekly Re- the Banking and Currency Committee and passed instead a port p. 2646) simple extension (HR 15264) of the 1969 law. Opponents feared that the committee-recommended changes would Nuclear Controls. Congress insisted on a role in make it easier for the government to impose controls on government decisions to distribute nuclear materials abroad by approving Oct. 10 a procedure (S 3698-PL 93- agricultural exports and that more high-technology goods would be sent to the Soviet Union. The final version fol- 485) whereby it would have a voice in proposed agreements lowed the lines of the Senate-passed bill and was approved with foreign countries for the exchange of nuclear equip- ment and technology. Congress Aug. 1 also cleared legisla- by both houses Oct. 10. (Weekly Report p. 3001) tion retaining congressional control over the amount of Turkish Opium. Turkey's announcement July 1, 1974, nuclear fuel the Atomic Energy Commission (AEC) could that it was lifting a ban on opium poppy cultivation was distribute to groups of nations for peaceful purposes (S followed by fears in Congress of a renewed flow of heroin 3669-PL 93-377). into the United States. The House Aug. 5 passed by voice The AEC in 1973 had proposed that provisions of the vote H Con Res 507, expressing its concern and directing the 1954 Atomic Energy Act requiring statutory approval of President to suspend all assistance to Turkey if distribution levels of fuel be eliminated. As passed, the negotiations failed to protect the United States from the legislation allowed the AEC to increase the amount of importation of illegal drugs. nuclear material it distributed to groups of nations above A similar restriction was initially added by the House the statutory ceilings if both houses of Congress did not dis- to the Export-Import Bank bill (HR 15977) and by the Sen- approve the proposal within 60 days. S 3698 also required ate to the Drug Enforcement Administration authorization the Joint Committee on Atomic Energy to recommend bill (S 3355-PL 93-481). U.S. negotiations with Turkey, approval or disapproval of agreements within 30 days. however, produced an agreement that certain production The issue of prior congressional approval of proposed methods would be followed that would decrease the possi- agreements had arisen after former President Nixon bility of illicit heroin entering the United States. House- offered in June to sell nuclear reactors to Egypt and Israel. Senate conferees dropped the opium provisions from the Congressional misgivings about the proposed sales had two bills, and proponents of an aid ban agreed to wait to resulted in the discovery by the joint committee that there see if the production controls were effective before pressing were no statutory means by which Congress could disap- for legislation. (Weekly Report p. 2174) prove agreements for the peaceful-as compared to mili- Relations With Cuba. In approving its version of the tary-uses of nuclear technology. fiscal 1975 authorization for the State Department and the In House action on both bills amendments were U.S. Information Agency May 21 (S 3473-PL 93-475), the offered that were opposed by the administration to require Senate included a provision stating the sense of Congress specific congressional approval before such an agreement that U.S. policy toward Cuba should be reviewed and that a could take effect. new policy should be developed that would recognize the The amendment was rejected by the House to the bill traditional friendship of the two countries and "the secu- on fuel distribution levels. It was successful on the nuclear rity of the Americas." House-Senate conferees, however, accords bill, but was later killed by a House-Senate con- dropped the provision. (Weekly Report p. 2918) ference committee. (Weekly Report p. 2919, 2175) Export Controls. Reflecting its concern over shortages ACTION NOT COMPLETED of a variety of materials and commodities and the nation's high inflation, Congress extended the Export Administra- Genocide Treaty. A drive to approve the controversial tion Act of 1969 through Sept. 30, 1976, and gave the com- 1948 United Nations treaty making genocide an inter- merce secretary additional authority to impose controls on national crime (Exec 0, 81st Cong., 1st sess.) failed Feb. 6 exports (S 3792-PL 93-500). when the Senate for the second time refused to cut off a The most significant change in the 1969 act was the filibuster on the International Convention on the Preven- elimination of a need to show that foreign demand for a tion and Punishment of the Crime of Genocide. Former product was "abnormal" before export controls could be im- President Nixon had urged its ratification in 1970. posed by the president. With the change, controls could be The 55-38 cloture vote on the fifth day of debate fell imposed to counter an excessive drain of scarce materials or seven short of the two-thirds majority needed to cut off a serious inflationary impact from foreign demand. Both the filibuster. A previous cloture vote on Feb. 5 failed by a the House Banking and Currency and the Senate Banking, six-vote margin-55-36. (Weekly Report p. 316) Housing and Urban Affairs Committees had recommended Most southern Democrats and conservative the change, arguing that abnormal demand was difficult to Republicans were opposed to the treaty, arguing it was a gauge and had been an impediment to effective use of con- "Pandora's box" that could lead to the extradition of U.S. & trols in the past. citizens for trial before an international or foreign court The legislation also authorized the use of export license without the protections of the U.S. Constitution. fees, directed the commerce secretary to monitor exports of Executive Agreements. The increasing use of ex GERALD non-agricultural commodities when they could contribute ecutive agreements-which unlike treaties do not require COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. Reproduction prohibited in whole or in port except by editorial clients Dec. 28, 1974-PAGE 3429 93rd Congress - 16 Senate approval-led the Senate Nov. 21 after several years Under the 25th Amendment to the Constitution outlin- of consideration of the controversial issue to pass legisla- ing procedures to fill a vacancy in the office, both chambers tion (S 3830) to give Congress the power to veto executive must approve a vice presidential nominee by majority agreements made with other nations. votes. (Weekly Report p. 3359, 3303) Figures from the Department of State showed that Impeachment. Concluding the second full presidential between 1946 and April 1972 the United States entered into impeachment inquiry in American history, the House Aug. 5,590 executive agreements while negotiating only 368 20 voted 412-3 to accept the report of the House Judiciary treaties. Committee (H Rept 93-1305) setting out the committee's Congressional critics maintained that the increasing recommendation that articles of impeachment against use of executive agreements was a major example of President Nixon be approved by the House. presidential usurpation of the treaty power, they said, The vote concluded a process which had formally begun which the Constitution intended to be shared with the Feb. 6 when the House, by a 410-4 vote, approved H Res 803, Congress. authorizing the committee to inquire into the conduct of The House took no action on the bill in 1974. President Nixon to determine whether there existed Flanigan Nomination. The nomination of Peter M. grounds for impeachment. Flanigan to be U.S. ambassador to Spain, originally sub- After two and a half months of hearings focusing on mitted by President Nixon just before he resigned, expired the charges and the evidence, the committee late in July during Congress' election recess and was not resubmitted approved three articles of impeachment charging Nixon by President Ford. Flanigan requested it not be resub- with obstruction of justice in the Watergate coverup, with mitted in a Nov. 16 letter to Ford after it became evident his abuse of his presidential powers in a variety of ways, and nomination would be extensively investigated by the Senate with contempt of Congress for failing to respond properly Foreign Relations Committee. The committee had held to the committee's subpoenas for White House tape recor- hearings Oct. 2 during which Thomas F. Eagleton (D Mo.) dings and documents. charged that Flanigan had been involved in several conflict- Ten days after the committee concluded its debate on of-interest situations while working in the Nixon White impeachment-while the report stating the reasons for its House. The committee had discussed the nomination in ex- recommendation of impeachment was still being ecutive session Oct. 9 but took no further action. (Weekly written-Nixon resigned. No longer was there a need to im- Report p. 3254) peach and remove him from office. By accepting the report, the House took note of these U.S. Fishing Limits. S 1988, which would have ex- events and formally concluded the inquiry. (Weekly Report tended U.S. fishing limits from the existing 12-mile limit to p. 2284) 200 nautical miles, died with adjournment. The Senate Pardon Inquiry. Responding to resolutions of inquiry passed the bill Dec. 11, but the House took no action on it. (H Res 1367, 1370) raising questions about events, and President Ford in a Sept. 30 letter to Congress said enact- possible "deals," leading up to President Ford's Sept. 8 ment of the bill could block negotiations on an international pardon of former President Nixon, the House Judiciary sea treaty which he called the best way to resolve fisheries Subcommittee on Criminal Justice held hearings in problems. (Weekly Report p. 3411) September and October on the matter. In an historic Rhodesian Chrome. The House failed to act on a bill appearance, President Ford Oct. 17 testified and answered (S 1868) to repeal the controversial Byrd amendment, a questions from the subcommittee. "There was no deal, 1971 provision of law permitting U.S. importation of Rhode- period," he assured the members. The subcommittee voted sian chrome in violation of United Nations sanctions against 6-3 on Nov. 22 to approve a motion stating that President the white supremacist government in Rhodesia. The bill Ford had substantially responded to the questions posed by had been reported July 9 by the House Foreign Affairs Com- the resolutions of inquiry, and reported the resolutions to mittee. The Senate had passed it Dec. 18, 1973. (Weekly the full committee unfavorably, recommending that they Report p. 1888) not be approved. The subcommittee action concluded the in- quiry. (Weekly Report p. 2907) Nixon Tapes and Papers. Angered by the agreement General Government, Congress between former President Nixon and General Services Ad- ACTION COMPLETED ministration head Robert F. Sampson giving Nixon control over the tapes and papers of his administration, Congress in Rockefeller Nomination. For the first time in history, December 1974 sent to the White House a measure nullify- Americans had an unelected President and Vice President ing that agreement. The bill (S 4016-PL 93-526)- as Congress Dec. 19 confirmed Gerald Ford's choice of countering the agreement announced Sept. 8 along with Nelson A. Rockefeller as vice president by a 287-128 vote. the Ford pardon of Nixon-placed the tapes and papers The Senate had approved the nomination Dec. 10 by a 90-7 in the custody and control of the federal government. It vote. required explicit congressional authorization for destruc- The vice presidency became vacant for the second time tion of any of the materials. in less than a year when Ford succeeded Richard Nixon Under the September agreement, Nixon, after a certain Aug. 9 as president. Nixon resigned rather than face period of time, could have had the tapes or papers probable impeachment by the House of Representatives destroyed. In addition, S 4016 directed Sampson to set rules and expulsion from office by the Senate. (See impeachment governing access to and protection of the Nixon administra- hearings, below) tion materials. The bill also created a commission to study Ford had been nominated by Nixon in 1973 to succeed the issue of ownership and control of papers and other Spiro T. Agnew, who resigned Oct. 10 that year and pleaded records produced by federal officials. (Weekly Report p. no contest to a charge of tax evasion. 3309) COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. PAGE 3430-Dec. 28, 1974 Reproduction prohibited in whole or in part except by editorial clients FORD 07983 LIBR 93rd Congress - 17 Nixon Transition Funds. Congress sharply reduced House Committee Reform. The House waged an in- from $850,000 to $200,000 the Ford administration's re- tense internal battle in 1974 over a plan to reorganize its quests for funds for former President Nixon's transition ex- committee system proposed by a bipartisan panel headed penses and other items, including his pension. The funds by Richard Bolling (D Mo.), a long-time advocate of House were contained in the first fiscal 1975 supplemental reform. The proposal, which would have resulted in a funding bill (HR 16900-PL (Weekly Report p. 3387) wholesale realignment of jurisdictions and a limitation of One of the items Congress eliminated was $110,000 re- one major committee per member, was opposed by a ma- quested by the General Services Administration (GAO) to jority of committee chairmen and senior members. pay for vault storage of White House tapes and papers near After debating the Bolling plan (H Res 988) for six Nixon's residence at San Clemente, Calif. days, the House Oct. 8 voted 203-165 to substitute a much Campaign Finance. Almost two and a half years after milder reorganization plan drafted by a Democratic Caucus it passed the landmark Federal Election Campaign Act of committee headed by Julia Butler Hansen (D Wash.). As 1971, Congress Oct. 10 cleared a more sweeping campaign approved by the House, the Hansen plan retained most of reform bill (S 3044-PL 93-443) that radically overhauled the existing committee structure while shifting some the existing system of financing presidential and con- jurisdictions. The Public Works Committee, for example, gressional election campaigns. was given jurisdiction over transportation areas previously S 3044 established the first spending limits ever for controlled by the Banking and Currency and Interstate and candidates in presidential primary and general elections Foreign Commerce Committees. A move to abolish the and in primary and general election campaigns for the Internal Security Committee failed when the House voted House and the Senate. A six-member Federal Commission 246-164 to retain the panel. was created to oversee and enforce the new law. The approved plan also included a number of The bill also introduced the first use of public money to procedural changes. It banned proxy voting in committees, pay for political campaign costs by providing for optional gave the minority party control over one-third of committee public financing of presidential general election campaigns staffs, allowed the leadership to organize new congresses and establishing federal matching grants to cover up to 45 before they convened, required all committees to have at per cent of the cost of presidential primary campaigns. least four subcommittees and gave the speaker more S 3044 was the culmination of two years of work by latitude in referring bills to committees. (Weekly Report p. Congress. The Senate passed an earlier campaign financing 2896) bill in 1973 that provided for the public financing of Foreign Travel. Congress altered requirements for presidential and congressional elections, but the House public disclosure of foreign travel by members and their refused to accept it. staffs. In 1973, because of a virtually unnoticed change in a The Senate renewed its effort in early 1974 when the law requiring publication of foreign travel data in the Senate Rules Committee in January began work on a new Congressional Record, this information was unavailable for comprehensive public financing bill. After 13 days of the first time in 13 years. debate, the Senate April 11 passed the bill 53-32, two days Public criticism of the change resulted in a compromise after voting to shut off a filibuster by southern Democrats provision being added to the fiscal 1975 legislative branch and conservative Republicans, led by James B. Allen (D appropriations bill (HR 14012-PL 93-371) which reinstated Ala.), against the public financing provisions. The Senate language from the old law requiring that consolidated, bill made public financing mandatory for presidential detailed reports on foreign travel be made each year. But general elections and established partial public financing instead of being published in the Record, the amendment for presidential primary and congressional primary and specified that the reports were to be made available to the general election campaigns. public by the clerk of the House and the secretary of the The House delayed taking up companion campaign Senate. (Weekly Report p. 2467) finance legislation. The House Administration Committee, chaired by Wayne L. Hays (D Ohio), an opponent of public Freedom of Information Amendments. By overriding financing, did not start work on its measure (HR 16090) un- a Ford veto, Congress Nov. 21 insisted upon its amend- ments to the 1966 Freedom of Information Act. The til March 26 and did not report the bill until July 24. HR 16090 provided for public financing of presidential cam- amendments (HR 12471-PL 93-502) were designed to com- paigns only and set lower spending limits for congressional bat obstacles and problems which had arisen over public elections than those in the Senate bill. The House passed its access-which the law was designed to ensure-to govern- ment documents and materials. The most controversial of bill Aug. 8, a few hours before President Nixon announced his resignation. the measure's provisions were those setting deadlines for House and Senate conferees worked for almost three agency responses to requests for information under the law weeks trying to reconcile differences between the two and those authorizing federal district judges to examine measures. The two sticking points were public financing of material which had been withheld as exempt by a federal congressional elections and the Federal Election Com- agency and to determine if it had been properly placed in an mission. The Senate bill called for a seven-member panel exempt category. This latter change allowed judges to ex- amine classified information which had been withheld on appointed by the President while the House bill had a con- gressionally dominated body. They eventually settled on a the grounds of its classification. President Ford vetoed the hybrid commission that had four members appointed by bill, calling it "unconstitutional and unworkable," but Congress and two by the President. Senate backers of con- Congress overwhelmingly overrode the veto. (Weekly gressional public financing dropped their insistence for it in Report p. 3151) return for higher spending limits in House and Senate cam- Postal Rate Adjustments. Congress June 19 cleared S paigns and a stronger election commission. (Weekly Report 411 (PL 93-328) amending the Postal Reorganization Act of p. 2865) 1970 to continue annual federal subsidies for most second. GERALD COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. Reproduction prohibited in whole or in part except by editorial clients Dec. 28, 1974-PAGE 3431 93rd Congress - 18 third and fourth class mail for longer periods than had been programs in 1974. House and Senate committees had begun authorized by the 1970 act. The bill was designed to offset their review of the programs, which expired June 30, in ear- the effect of large unanticipated increases in postal rates ly 1973. after the Postal Service was instituted in 1970. The Office of While approving dramatic revisions in health services Management and Budget labeled the bill unwarranted and and planning programs, however, Congress failed to com- unjustified, but President Nixon signed it. (Weekly Report plete action on legislation needed to extend authority for p. 1602) health manpower assistance programs. And Ford pocket vetoed the bill (HR 14214) extending health services. Privacy Protection. Congress Dec. 18 cleared S 3418, The administration and many members of Congress a bill to protect personal privacy by allowing an individual considered the health planning bill (S 2994-PL 93-000), to inspect information about himself contained in govern- cleared Dec. 20, the most important piece of health legisla- ment files to determine its relevance and accuracy. As tion approved by the 93rd Congress. It replaced the existing originally passed by the Senate Nov. 21, the bill would health planning, regional medical and the 28-year-old Hill- have established a privacy protection commission to assist in Burton hospital construction programs. implementing and enforcing safeguards to privacy; the Sponsors maintained that the existing programs were House version had no similar provision, leaving enforcement outdated, unfocused and overlapping. They also contended and implementation to each federal agency. A compromise that existing health planning agencies did not have the agreement was reached establishing a privacy protection authority to enforce their decisions. The new program study commission composed of seven members to examine would establish a national network of area planning agen- privacy issues. (Weekly Report p. 3239) cies charged with preventing development of unneeded ACTION NOT COMPLETED facilities and services which were costly to maintain. Better health planning was considered essential before enactment Voter Registration. By a 197-204 vote, the House May of a national health insurance program. 8 refused to take up a controversial voter registration The Senate version of the bill, approved Nov. 25, was measure (HR 8053). The bill would have established a Voter somewhat tougher than the version passed by the House Registration Administration in the General Accounting Of- Dec. 13. The Senate bill, for instance, would have provided a fice (GAO) to run a register-by-mail system, but it ran into special grant program for states choosing to regulate pay- strong opposition from the House Republican Policy Com- ment rates for health services. The American Medical mittee and the Republican National Committee. The Association strongly opposed this provision, which was sup- measure was pushed primarily by the AFL-CIO which con- ported by the administration. sidered it a legislative priority. House-Senate conferees modified the provision by The bill had been granted an open rule by the House allowing federal assistance, on a demonstration basis, to as Rules Committee Feb. 26, following its approval by the many as six states which already performed or planned to House Administration Committee, but the House refused perform rate regulation. Conferees also weakened Senate to approve the rule under which the legislation was to be provisions which would have earmarked half of the funds debated on the floor, thus killing it. A companion Senate appropriated for hospital modernization assistance for proj- bill (S 352) had been passed in May 1973. (Weekly Report p. ect grants rather than formula grants to the states. Slight- 1254) ly more than $1-billion was authorized for the new program White House Staff Limitations. A bill (HR 14715) that in fiscal 1975-77. (Weekly Report p. 3371) would have put limits on the size of the White House staff The major bill that was pocket vetoed (HR 14214), on became caught in a Senate-House disagreement over a Dec. 23, would have extended funding authority for health proposal to add to it restrictions on White House access to services programs, including community mental health Internal Revenue Service income tax returns and died with centers, family planning, migrant health centers and com- the end of the session. munity health centers for the poor. The bill authorized a The stalemate developed after the House refused to total of $1.9-billion in fiscal 1975-76. The administration adopt the IRS amendment, which had been offered by Sen. had opposed, in particular, the bill's cost and continuation Lowell P. Weicker Jr. (R Conn.). He insisted that his pro- of categorical health services programs. posal would prevent the kind of IRS abuse uncovered by Earlier in the year, Congress approved an extension the Senate Watergate Committee hearings, in which he through fiscal 1976 of the least controversial expiring participated. Opponents of the amendment in the House health programs. The bill (HR 11385-PL 93-353), cleared argued that it was not germane to HR 14715. July 11, provided funding for health statistics and health The original intent of the bill was to provide legislative services research programs and for assistance to medical libraries. (Weekly Report p. 1898) authority for White House staff funding. In past years funds for White House staffing had been appropriated While failing to extend all health manpower programs, without the requirement for a legislative authorization. Congress did approve a one-year extension of funding authority for federal loans to nursing and other Despite the failure to clear HR 14715, Congress professional health students and for scholarships to appropriated funds for the White House staff in the fiscal 1975 Treasury-Postal Service-Executive Office medical students agreeing to serve in the National Health Service Crops after graduation. The bill (S 3782-PL 93- appropriations bill (HR 15544-PL 93-381), cleared Aug. 15. 385), sent to the President Aug. 8, made no changes in the (Weekly Report p. 2317) student assistance programs. Health The bill was passed separately to provide authority for appropriations for loans and scholarships to students ACTION COMPLETED beginning school in the fall of 1974 while Congress tried to Expiring Health Programs. Congress completed, complete action on the broader manpower bill. Funds for with one exception, a major overhaul of federal health the programs were included in the first fiscal 1975 FORD PAGE 3432-Dec. 28, 1974 COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. Reproduction prohibited in whole or in port except by editorial clients are 1981 93rd Congress - 19 supplemental appropriations bill (HR 16900-PL 93-000). S 2830 (PL 93-354), cleared July 10, authorizing $41- (Weekly Report p. 2244) million in fiscal 1975-77 for research and training programs Congress also cleared legislation (HR 17085-PL 93- dealing with diabetes. The Senate originally passed the bill 000) Dec. 20 which extended programs providing assistance in late 1973. (Weekly Report p. 1896) to nursing schools and students through fiscal 1977. The bill S 1125 (PL 93-282) extending through fiscal 1976 authorized a total of $639-million over the three-year federal programs for the prevention and treatment of period. (Weekly Report p. 3373) alcoholism and alcohol abuse. The bill authorized a total of $374-million, most of which was earmarked for state for- Biomedical Research Ethics. Congress June 28 mula grants. The Senate passed its version of the measure cleared legislation (HR 7724-PL 93-348) designed to on June 21, 1973; the House did not act until early 1974. protect the rights of human beings used in medical and Congress cleared a compromise version May 6. (Weekly behavioral experiments. The bill was a response to dis- Report p. 1242) closures of abuses of human subjects in federally funded S 775 (PL 93-296), cleared May 16, establishing a research and medical programs. National Institute on Aging within the National Institutes The key provision of the bill set up a two-year commis- of Health to conduct research programs dealing with the sion to establish guidelines for research funded by the elderly. (Weekly Report p. 1444) Department of Health, Education and Welfare (HEW) us- S 1745 (PL 93-270), sent to the President April 10, ing human subjects. The commission was to focus special authorizing $9-million in fiscal 1975-77 for educational and attention on controversial research involving children, counseling programs dealing with sudden death infant syn- prisoners or the mentally ill and on brain surgery, called drome (crib death), a mysterious disease killing at least 10,- psychosurgery, designed to control behavior. Until the com- 000 infants a year. (Weekly Report p. 1012) mission had made recommendations, the bill also banned The administration generally supported the intent of HEW funding of research using live human fetuses, a sub- all these bills, but opposed proliferation of categorical ject which aroused considerable controversy in Congress in programs and argued that HEW had authority to carry out 1973 and 1974. special disease efforts without new legislation. The administration supported the intent of the bill, but A bill 2854-PL 93-000), cleared Dec. 19, authorizing questioned whether legislation was necessary. HEW had a total of $50-million in fiscal 1975-77 for research, preven- issued a series of regulations dealing with protection of tion and training programs dealing with arthritis. The bill human subjects. also established a commission to draw up a comprehensive The ethics provisions were attached by the Senate on plan for arthritis research. (Weekly Report p. 2998) Sept. 11, 1973, to the House version of the bill, passed May 31, 1973. The House bill continued biomedical research Safe Drinking Water. After a four-year effort, training awards for young scientists and doctors which the Congress Dec. 3 sent the President legislation (S 433-PL Nixon administration had initially proposed to end in 1973. 93-000) giving the federal government authority to set The administration reversed its position on the training national standards for safe drinking water. The administra- programs in July 1973. tion opposed a number of the bill's provisions, but the Presi- A House-Senate conference on the two different ver- dent signed the bill. sions was delayed until 1974 because of the press of other The measure required the Environmental Protection business and disagreements between House and Senate Agency (EPA) to set maximum allowable levels for con- sponsors over the proposed authority of the commission. taminants in public drinking water supplies. EPA could (Weekly Report p. 1784) take those violating the act to court if states failed to en- force the regulations, which would not become fully effec- National Cancer Program. Congress authorized $2.8- tive until 1979. billion in fiscal 1975-77 to continue the nation's fight The Senate passed safe drinking water legislation on against cancer, the second leading cause of death in the June 22, 1973. House committee action was delayed until United States. The bill (S 2893-PL 93-352), cleared by 1974 and then held up by dispute over the scope of EPA's Congress July 10, extended the 1971 National Cancer Act. enforcement authority. The administration contended that There was no disagreement in Congress or the ad- enforcement should be left entirely to states and court ac- ministration over the need to accelerate the federal tions initiated by citizens. government's highest priority medical research program. Reports in early November of chemicals suspected of Rut a related provision attached to the bill in the Senate in- causing cancer in drinking water supplies strengthened the tially prompted veto threats by HEW officials. House sponsors' case for the legislation. The House ap- The provision, not included in the House version, would proved the bill by a 296-84 vote Nov. 19 despite the ad- have set a permanent new presidential panel to oversee all ministration's opposition. Differences between the House ederal biomedical research programs. Sponsors argued and Senate versions were resolved without a formal con- hat the panel was needed to assure balance in research ference. (Weekly Report p. 3286) programs dealing with all diseases, while the administra- ion contended that the panel would undercut and confuse Narcotics Treatment. In an attempt to stem illegal IEW's authority. diversion of methadone and other narcotics used in drug House-Senate conferees modified the provision sub- treatment programs, Congress May 1 cleared a bill (S tantially, agreeing to set up a temporary panel with 1115-PL 93-281) requiring persons dispensing such drugs primarily advisory responsibilities. (Weekly Report p. 1895) to register with the attorney general. The bill also required those registering to comply with Justice Department stan- Special Disease Programs. Congress also cleared in dards for the security of the drugs and HEW regulations 974 a number of bills dealing with other special diseases or governing unsupervised use of narcotics. (Weekly Report ealth-related problems. They were: 1241) 93rd Congress - 20 ACTION NOT COMPLETED the Ways and Means Committee affected the committee's agenda and legislative pace. National Health Insurance. Like many before it, the Health Manpower. Legislation (S 3585) to extend ex- 93rd Congress closed without any formal action on national piring health manpower programs died Dec. 19 when health insurance legislation. But the influx of liberal new House-Senate conferees could not agree on provisions of the House members in 1975 was thought likely to break the 30- bill designed to ease doctor shortages. Whether the federal year stalemate over the issue. government should take tough actions to make sure medical Throughout 1974, prospects for action on health in- students practiced in medically underserved areas was the surance brightened and dimmed with over-all changes in disputed issue. the congressional schedule and policy shifts by the ad- Edward M. Kennedy (D Mass.), chairman of the Senate ministration and key members of Congress. Labor and Public Welfare Health Subcommittee, had The Nixon administration proposed a new health in- pushed a proposal which would have cut off basic federal surance plan in February, but there was no congressional aid to medical schools whose students did not agree to serve activity until April when Sen. Edward M. Kennedy (D in doctor shortage areas if recruited by the federal govern- Mass.), sponsor of the liberal, labor-backed insurance ment. Several Republicans on the subcommittee termed proposal, and Rep. Wilbur D. Mills (D Ark.), chairman of the proposal a "doctor draft" and succeeded in winning the House Ways and Means Committee, agreed on a com- Senate approval Sept. 24 of a milder substitute. promise approach. Ways and Means opened the first The House version (HR 17084), passed Dec. 12, took a legislative hearings on health insurance in three years on different approach. It provided incentives for practice in April 24 and the Senate Finance Committee also began doctor shortage areas by requiring students to repay to the hearings shortly after. government federal funds paid on their behalf to medical The expected support, especially from labor groups, for schools unless they practiced in medically underserved the Kennedy-Mills compromise did not materialize, areas. however. And by July, the probability of House impeach- In conference, however, Kennedy tried to revive ment proceedings against Nixon appeared to have buried provisions of his original proposal, according to a House the chances for action on health insurance by Ways and source. This was unacceptable to House conferees, and time Means. ran out before further negotiations could be arranged. When Nixon's Aug. 9 resignation made impeachment Legislative authority for most of the programs covered proceedings unnecessary, Mills launched a drive to win by the bill expired June 30. The programs would continue to committee approval of the compromise legislation before receive funding under the continuing appropriations resolu- Labor Day. The chairman's push for action fell apart Aug. tion (H J Res 1178-PL 93-000) cleared Dec. 19. (Weekly 20 when 12 members of the 25-member committee refused Report p. 3361) to give up key aspects of the American Medical Associa- Abortion. The continuing abortion controversy tion's (AMA) proposal. Mills halted the mark-up sessions brought large numbers of "pro-life" lobbyists to the Capitol the following day and made tax reform the committee's in 1974, but those seeking to overturn the 1973 Supreme pending business. (Weekly Report p. 2275) Court decision striking down state restrictions on abortion Despite the deadlock, the congressional leadership ten- made little legislative headway. Abortion opponents also tatively decided Sept. 11 to hold a post-election session in lost in their attempts to ban federally funded abortions un- order to complete action on health insurance and other der the Medicaid program for the poor. priority measures. By the time the lame-duck session con- The Senate Judiciary Subcommittee on Constitutional vened Nov. 18, however, health insurance was dead for the Amendments held hearings throughout 1974 on a number year because the Ways and Means Committee had been un- of proposals to restrict or prohibit abortions under the Con- able to return to the issue. stitution, but took no action. The hearings focused on the Pressure for action also waned in late 1974 because of ethical, medical and legal aspects of abortion. The com- expected shifts on the issue in the 94th Congress and the parable House subcommittee did not hold hearings on the fiscal impact of a health insurance program on a tight issue. (Weekly Report p. 1233) federal budget. Various polls of new members elected to the Anti-abortion forces suffered a major setback June 27 94th Congress suggested they would back somewhat liberal when the House voted 123-247 against an amendment to the health insurance proposals. The AMA shifted its position in fiscal 1975 labor-HEW appropriations bill (HR 15580-PL light of the new political realities and agreed in December 93-517) which would have barred use of HEW funds to pay that it could support a plan requiring employers to offer for abortions or abortion-causing drugs. The vote came as a uniform health insurance coverage. It was the first time surprise because the House had easily approved restrictions the group had backed a mandatory health insurance pro- on abortions under other federal programs earlier in 1974 gram. and also in 1973. Ford had made health insurance a top priority for the The Senate, however, attached a similar amendment, 93rd Congress soon after he became president, but his sponsored by Dewey F. Bartlett (R Okla.), to the HEW bill enthusiasm dimmed as his budget-cutting efforts on Sept. 17. House-Senate conferees dropped the amend- accelerated in late 1974. He told Congress Nov. 18 that the ment, arguing that an appropriations bill was not the country could not afford a national health insurance proper vehicle for such far-reaching legislation. (Weekly program until federal expenditures had been cut. Report p. 3240) House Speaker Carl Albert (D Okla.) predicted Nov. 22 that the House would pass health insurance legislation by Pharmaceutical Industry. The Senate Labor and June 1975 because of the more liberal tenor of the 94th Public Welfare Health Subcommittee continued a major in- Congress and the new willingness on the part of organized vestigation of the prescription drug industry in 1974 in labor and the AMA to compromise. The actual timetable, order to ready reform proposals for action in the 94th however, probably would depend on how major changes in Congress. The series of hearings began in December 1973. FORD PAGE 3434-Dec. 28, 1974 COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. Reproduction prohibited in whole or in part except by editorial clients 93rd Congress - 21 In early 1974 the subcommittee focused its attention on Provided almost $1.5-billion for controversial aircraft prescription drug promotion and marketing practices. procurement, including $205.5-million for 12 F-111 fighter- Former drug salesmen told the subcommittee that they had bombers that the Air Force had not requested, $138-million tended to downplay the side effects of drugs they were for 25 A-10s, $445-million for B-1 bomber research, $100.1- promoting and had given away expensive gifts in hopes of million for 24 A-7Ds that the Air Force did not request and influencing doctors to prescribe certain drugs. Hearings $18.5-million for 48 UH-1H helicopters. (On Nov. 26 Ford held later in the year evoked charges that the Food and requested rescissions of the appropriations for the 12 F-111s, Drug Administration (FDA) had harassed scientists 24 A-7Ds and 48 UH-1H helicopters. Congress had 45 days reporting negative findings in drug research studies. The to act after the 94th Congress convened, but it was not ex- subcommittee also investigated industry complaints that pected to approve deletion of the funds.) excessive FDA regulation had slowed introduction of new Funded several controversial "counterforce" programs drugs in the United States. (Weekly Report p. 1384) to improve the accuracy and yield of nuclear weapons, in- Development Disabilities. Congress failed to clear cluding $119.9-million for advanced billistic re-entry legislation (HR 14215) to extend expiring federal programs systems. for the mentally retarded and persons with developmental Provided $45-million for the Safeguard antiballistic disabilities such as cerebral palsy and epilepsy. missile (ABM) system and $118-million to develop a The House passed its version July 11 and the Senate successor site defense system. approved a somewhat different bill (S 3378) Oct. 1. But Provided $3-billion for Navy shipbuilding, including plans to work out differences between them in December $1.7-billion for two additional Trident submarines. fell apart at the last minute because a number of other Provided $2.5-million for "confidential military pur- health bills required staff attention during the last few poses," subject to General Accounting Office audits. (Week- days of the session. The Senate version would have es- ly Report p. 2631) tablished federal standards for the institutional care and treatment of the mentally retarded. Military Construction. Congress Dec. 14 cleared HR The administration supported extension of the 16136 (PL 93-000), authorizing $2.9-billion in fiscal 1975 for programs, which expired June 30. (Weekly Report p. 2877) military construction projects in the United States and overseas. The bill, which was about $294-million below the amount requested by the administration, also authorized $55.4-million for construction projects initiated in prior National Security years that had exceeded original cost estimates. ACTION COMPLETED Diego Garcia. While the largest amount in HR 16136-$1.24-billion-was for construction of military Defense Department Budget. Congress Sept. 24 family housing units, the most controversial item was an cleared HR 16243 (PL 93-437), appropriating $82.6-billion $18.1-million authorization for improving Navy and Air for the Defense Department for fiscal 1975. It was the Force facilities at Diego Garcia, an atoll in the Indian largest appropriations bill ever approved by Congress. Ocean. The House, which had approved the $32.3-million re- The enormity of the defense bill made it the focal point quested by the administration, agreed to the Senate reduc- of pressure for federal spending cuts in the fight against the tion-to the $18.1-million figure-as well as to a proviso re- nation's continuing inflation. Although Congress in quiring the President to "certify to the Congress in writing response cut the administration's $87-billion request by an evaluation by him of the need for, and the essentiality of, $4.4-billion, many members argued that the final version these facilities." Controversy over Diego Garcia had was still unjustifiably high. centered on reports, denied by the Pentagon, that the No major weapons systems were eliminated or sharply military planned to deploy nuclear weapons at the Indian reduced. Over-all, the bill exceeded the fiscal 1974 defense Ocean site. appropriation by $3.6-billion, with the increases spread Later in the session, Congress went along with a across the board. Although the largest increases were for Senate decision deleting all of the funds authorized for veterans' pensions and operations and maintenance of the Diego Garcia from the military construction appropriations military establishment, substantial boosts were approved bill (HR 17468-PL 93-000). (Weekly Report p. 3284) for weapons procurement and for research on new weapons systems. Veterans' Benefits. Congress Dec. 3 overwhelmingly The finally agreed upon appropriations figure was the overrode President Ford's veto of HR 12628 (PL 93-508) in- result of a compromise in which Congress settled on an creasing education benefits for Korean War and Vietnam- amount that was $817.3-million less than that approved by era veterans. the House and $478.4-million more than the Senate- The benefits package, originally cleared by Congress approved level. Oct. 10, increased education allowances by 22.7 per cent, Among major programs funded, HR 16243: boosted on-the-job training funds and vocational aid for the Provided $24.8-billion for a standing force of about disabled by 18.2 per cent, created a new $600-a-year educa- 2,130,000 active duty personnel and 925,000 reserves. tion loan program and extended by nine months the ex- Made available $700-million for military aid to South isting 36-month entitlement period for veterans working on Vietnam; the amount included $77.4-million in transfer undergraduate degrees. funds for purchase of 71 F-5E fighter planes for the Viet- It was mainly the 22.7 per cent increase in benefits that nam Air Force. prompted Ford's veto. In his Nov. 26 veto message to Barred the transfer of war materials to any foreign na- Congress, Ford said the bill provided "excessive increases tion unless U.S. laws specifically authorized such transfer. and liberalization of veterans education and training Required a pullback of 12,500 overseas troops by May benefits." But House and Senate Veterans' Affairs Com FORM 31, 1975. mittee leaders insisted that the increase was not excessive COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. Reproduction prohibited in whole or in port except by editorial clients Dec. 28, 1974-PAGE 3435 93rd Congress - 22 because the cost of living as of Oct. 31 had increased 21.8 ministration, conferees Oct. 3 approved a new version of per cent. (Weekly Report p. 3281) their bill, authorizing $11.9-billion over six years. President Ford endorsed it. Chemical Warfare. Forty-nine years after it was drawn up, the Geneva Protocol of 1925 banning chemical and Public Works Committee members protested biological warfare was approved by the Senate Dec. 16 by vehemently when the revised conference report came before a 90-0 vote. The Senate approved at the same time the the Rules Committee in early October. They said their bill 1972 Geneva Biological Weapons Convention which pro- was more carefully drafted, and urged the Senate to act on hibited development, production and stockpiling of bacterio- it. The Rules Committee deadlocked 6-6 on sending S 386 to logical and toxin weapons. The 1925 protocol also covered the floor with a special rule, but agreed to reconsider after the election recess. tear gas and herbicides, and it was the issue of their use which had held up U.S. ratification, particularly during the A strong lobbying effort on behalf of S 386 by the U.S. years of U.S. military involvement in Southeast Asia. Since Conference of Mayors and the administration persuaded the late 1960s, the executive branch had consistently the Rules Committee to reverse itself after the recess. The claimed that the treaties did not apply to tear gas and Senate approved the conference report Nov. 19 and the herbicides, a position challenged by the Foreign Relations House Rules Committee cleared it for House action the next Committee. Ratification became possible after the executive day. Before the Public Works members had time to muster branch modified its position on future use of tear gas and an effective opposition, the House took up the conference herbicides. (Weekly Report p. 3318) report Nov. 21 and passed it on a 288-107 vote, clearing the bill. Transportation and Communications Amtrak Funds. The National Railroad Passenger Cor- poration (Amtrak), created in 1970 to take over the nation's ACTION COMPLETED rail passenger service, had been running in the red ever Mass Transit. After almost a year of haggling, since its birth-despite Congress' intention that it become Congress Nov. 21 agreed on a six-year, $11.9-billion mass self-supporting. To sustain Amtrak through fiscal 1975, transit authorization bill (S 386-PL 93-503) that for the Congress cleared a bill (HR 15427-PL 93-496) authorizing first time provided federal subsidies for the daily operating $200-million in operating subsidies and raising the ceiling expenses of ailing urban mass transit systems. on federally guaranteed loans for the corporation. The final version of the bill authorized $7.8-billion for There were complaints in both the House and Senate capital grants and almost $4-billion to be used by large about Amtrak's fiscal problems and performance inade- cities for either capital or operating expenses. It also includ- quacies, but most members seemed to agree that the cor- ed $40-million for demonstration projects and $14-million poration was doing well considering its limited resources for a rail crossing project in Hammond, Ind. and that it should get continued support at a time when fuel As originally passed by the House and the Senate in shortages were attracting more riders. late-1973, S 386 was an emergency two-year, $800-million The measure also included authorizations of $25- operating subsidy bill aimed at bailing out financially million for restoration of dilapidated railroad terminals, $8- strapped transit systems in large cities, particularly New million to study West Coast transit needs and $5-million for York, where a subway fare increase was threatened. Hop- design of a new "intermodal" terminal to replace Union Sta- ing to quell objections from the Nixon administration, tion in Washington, D.C. (Weekly Report p. 2989) House-Senate conferees early in 1974 agreed to allow the funds to be used for capital as well as operating expenses. Federal Highway Programs. Congress Dec. 18 cleared This subjected the bill to a possible point of order under legislation (S 3934-PL 93-000) setting a permanent House rules and necessitated a special resolution for floor nationwide 55 mile an hour speed limit and making other consideration of the conference report. changes in federal highway programs. In adopting the con- Shortly before the House Rules Committee was to have ference report on the bill Dec. 18, the House accepted taken up the conference report in March, the Nixon ad- Senate provisions increasing maximum truck weights on ministration threatened to veto the bill on grounds that it interstate highways to 80,000 pounds. The Senate, which was unfairly weighted in favor of a few big cities. That also approved the final version Dec. 18, accepted House threat-plus a jurisdictional dispute between the Banking provisions authorizing federal assistance to state and local and Currency Committee which reported S 386 and the governments to maintain and upgrade rural roads that had Public Works Committee which wanted the House to con- not been part of the original federal aid highway system. sider its own bill-convinced the Rules Committee to delay S 3934 also expanded federal highway beautification action on the conference report. laws to control large billboards erected along interstate The Rules panel in July finally issued a rule for S 386 highways beyond the distance limits set by the previous law. permitting it to come to the floor, but the House July 30 voted 221-181 to send it back to conference. Several weeks International Airlines. Congress Dec. 18 cleared later, the House passed the Public Works version (HR legislation 3481-PL 93-000) aimed at helping U.S. inter- 12859) after reducing the authorization level from $20- national airlines, notably the financially troubled Pan billion to $11-billion over fiscal years 1975-80 to suit the American and Trans World (TWA), complete with subsi- new Ford administration. dized foreign airlines on international routes. The Senate made no move to act on HR 12859 S 3481 directed federal officials to take steps to reduce throughout the fall. In late September, conferees to S 386 high landing fees and other foreign practices that dis- initiated a last-ditch attempt to revive their bill, holding an criminated against U.S. airlines and put them at com- unusual public hearing at which a delegation of big city petitive disadvantages. If negotiations failed, the bill mayors, labor and transit officials pleaded for enactment of authorized retaliatory user charges on foreign airlines that the bill. After consulting and negotiating with the ad- would be passed along to the U.S. air carriers. FORD COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. PAGE 3436-Dec. 28, 1974 Reproduction prohibited in whole or in part except by editorial clients 93rd Congress - 23 Resolving the most controversial provision, the House Both versions agreed on the five-year term-a change accepted a Senate substitute for a House floor amendment strongly supported by the broadcasting industry. But they that would have mandated a $67-million rate increase for differed significantly on a number of provisions defining U.S. airlines carrying mail overseas. That original standards for license renewals. (Weekly Report p. 2921) amendment, adopted by a 154-131 vote on Dec. 13, would have directed the Civil Aeronautics Board (CAB) to raise FM Radios. The Senate in June narrowly passed a bill the rates paid by the Postal Service to U.S. airlines to levels (S 585) to authorize the Federal Communications Commis- no lower than the vastly higher rates paid to foreign air- sion (FCC) to require that all radios costing $15 or more lines under international agreement. have FM bands. The House Interstate and Foreign Objecting that the internationally determined rates Commerce Committee reported its version (HR 8266) in amounted to an indirect subsidy not justified by costs, the September, requiring FM bands on car radios only. Senate in accepting the House version of the bill Dec. 17 Supporters of the bills said the requirement would help demanded substitute language requiring CAB to merely bring FM into closer competition with the older, more take those rates into account in setting new rates for U.S. profitable AM stations. But the House Rules Committee, airlines. The House then concurred with the Senate sub- reacting to charges that the bill would infringe on consumer stitute Dec. 18. choice and inflate auto prices, deferred action on the Safety Regulations. Congress Dec. 19 cleared HR measure and it never reached the House floor. (Weekly 15223 (PL 93-000) mandating tougher federal government Report p. 2595) guidance to promote transportation safety, especially in the Surface Transportation. Congress failed to complete shipment of hazardous materials. action on legislation to help U.S. railroads obtain fiananc- In strengthening the transportation secretary's powers ing to upgrade their equipment, tracks and facilities. to set safety requirements for transporting potentially The House Dec. 10, by a 377-15 vote, had passed HR dangerous materials, the bill required regulations to 5385, a complex measure that would have set up a $2- prohibit shipment of radioactive materials on passenger billion federal loan guarantee program to back up private airliners except for short-lived medical and research financing for the railroads. The House coupled those provi- isotopes. sions, however, with changes in the federal regulatory The Senate had added that provision before passing system for railroads, trucks and barges. HR 15223 by a 69-0 vote on Oct. 7. It also attached Those provisions would have allowed railroads to ex- amendments to transfer the National Transportation Safe- periment for one year by raising and lowering rates without ty Board out of the Department of Transportation. That ac- advance approval by the Interstate Commerce Commission tion, included in the conference version, was intended to in- (ICC). They also would have restricted transport "rate sulate the board from political pressures. bureaus" that established rates without being subject to HR 15223 also required stepped up railroad safety en- antitrust law penalties. forcement programs and authorized a study of railroad Although the Senate in 1973 had passed legislation (S hazards. (Weekly Report p. 2880) 1149) providing $2-billion for railroad loan guarantees and $10-million for a national freight car information system, no conference was held on the complex differences between ACTION NOT COMPLETED the House and Senate bills. (Weekly Report p. 3038) Public Broadcasting Funding. Lack of time and an internal dispute within the public broadcasting establish- ment prevented completion of action on S 3825, a measure Urban Programs, Labor that would have set up a long-range funding program to in- ACTION COMPLETED sulate public broadcasting from the yearly congressional appropriations process for the first time since Congress Housing and Community Development. Charting an created the Corporation for Public Broadcasting (CPB) in entirely new course for the nation's housing and urban aid 1967. programs, Congress Aug. 15 cleared the first major piece of The Senate Commerce Committee reported the mea- housing legislation (S 3066-PL 93-383) since 1968. Key sure in August and then sent it to the Senate Appropriations features of the bill substituted community development Committee. A dispute over the bill's allocation of funds block grants for categorical urban funding programs and erupted in November between CPB and its companion established a new rental subsidy program for low- and agency, the Public Broadcasting Service (PBS), with PBS moderate-income Americans. calling for a larger portion of the funds to go directly to Major controversy over the bill focused on the fate of local stations. The disagreement discouraged further action existing homeownership (Section 235) and rental subsidy in the Senate, and the House did not take up the bill. (Section 236) programs and the distribution of the new com- (Weekly Report p. 2384) munity development block grants. The Nixon administra- tion early in 1973 had suspended all new commitments un- Broadcast License Renewal. A bill (HR 12993) to ex- der the two existing housing subsidy programs. tend broadcast license terms from three to five years died The Senate passed its version of the bill March 11, at the end of the session because of the refusal of Interstate voting to continue the existing programs with substantial and Foreign Commerce Committee Chairman Harley 0. new funding. The Senate version would have based initial Staggers (D W.Va.) to send the House bill to conference. allocation of the community development block grants on a Staggers said the differences between House and Senate community's previous participation in the categorical aid versions were too complex to resolve in the time remaining programs. after the Senate passed the bill in early October. Backers Working closely with Housing and Urban Development FORD accused him of letting it die because they said he wanted (HUD) officials to develop a compromise acceptable to the only a four-year term. administration, the House Banking and Currency Com- COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. Reproduction prohibited in whole or in part except by editorial clients Dec. 28, 1974-PAGE 3437 93rd Congress - 24 mittee rejected the Senate's approach. It concentrated new lawed kickbacks among those in the settlement industry housing funding on the rental subsidy program (Section 23) for minor services such as simple referrals. backed by HUD and did not include any new funding for the The reform provisions of the bill caused little con- two existing subsidy programs. The committee also decided troversy. Instead, dispute focused on industry-backed to base allocation of community development grants on an provisions in both the House and Senate committee ver- objective formula to take full effect in six years. Some large sions of the bill which would have repealed a 1970 law giv- cities which had participated actively in the categorical ing HUD authority to set standards for settlement charges urban programs eventually would face funding cuts under for homes backed by federal mortgage guarantees. HUD the formula. had never used the authority. House committee sponsors defended their compromise By a 55-37 vote, the Senate knocked the repeal provi- with the administration as the only way to assure that the sion out of the committee bill on July 23. A similar effort President would sign a housing bill in 1974. With strong failed in the House Aug. 14, but House-Senate conferees bipartisan backing, the bill was passed by the House June agreed in December to drop the repeal provision. Those op- 20 by a 351-25 vote. posed to repeal argued that the threat that HUD might use House-Senate conferees met for three weeks before the law discouraged increases in settlement costs. (Weekly breaking their stalemate over community development Report p. 3352) allocations and the two existing housing subsidy programs. Faced with then impending impeachment proceedings in Pension Reform. After considering the issue for seven the House which would have held up action on the bill, years, Congress Aug. 22 cleared landmark legislation (HR Senate conferees finally agreed to a compromise. The com- 2-PL 93-406) that represented the first federal effort at promise retained the House community development regulating private pension plans. Born out of frustration provisions almost intact, stressed the new Section 23 rental over pension benefits lost due to bankruptcies, mergers and aid program and continued the existing program through occasionally unscrupulous employers, HR 2 established fiscal 1976 with $75-million in new funds authorized for minimum federal standards that private pension plans had fiscal 1975 for the Section 236 rental subsidy program only. to adhere to. (Weekly Report p. 2319) The bill did not require companies to establish pension The administration did not request any of the autho- plans, but if a firm already operated one, or was planning to rized Section 236 funds in the first fiscal 1975 supple- establish one, it would have to follow minimum federal mental appropriations bill (HR 16900-PL 93-000), nor did standards. Generally, all employees age 25 and over with Congress add them to the supplemental. However, Con- one year of experience would have to be enrolled in the pen- gress had included language in the regular fiscal 1975 HUD sion plan. The employer could choose one of three alter- appropriations bill (HR 15572-PL 93-414) designed to native vesting formulas that guaranteed an employee at make HUD release available unused funds for the Section least part of his pension benefits after he had served for a 236 program. (Weekly Report p. 2397) certain period of time, whether or not he continued to work Mortgage Credit. It took Congress only one week to for the same company until retirement. respond to President Ford's Oct. 8 request for emergency To ensure that pension funds would contain enough legislation to aid the depressed housing industry, which money to pay out benefits, the bill contained minimum builders contended was facing its worst slump since World funding standards and established a federally operated War II. The bill (S 3979-PL 93-449), cleared by Congress pension plan termination insurance corporation to Oct. 15, was designed to pump more funds into the nation's guarantee the payment of benefits in the event of a tight mortgage money supply which was held primarily bankruptcy. The bill also established rules that must be responsible for the slump. followed by pension fund trustees in managing and in- The bill set up an emergency one-year program allow- vesting fund assets. ing the federal government to buy from lenders conven- A major innovation was a provision allowing an in- tional mortgages-those not backed by the federal dividual worker not covered by a company pension plan to government-as well as government-insured mortgages. establish his own retirement account that could qualify for President Ford made $3.0-billion immediately available for special tax deductions. The bill raised the amounts that the government purchases, which freed private funds for self-employed persons could contribute, on a tax deductible more mortgage loans. (Weekly Report p. 2915) basis, to their own pension funds and placed a ceiling on the Provisions also were included in the new housing and level of benefits that professionals with high earnings could community development bill (above) to ease the mortgage receive. (Weekly Report p. 2408) credit crunch. They expanded the mortgage lending authority of federal savings and loan associations and Minimum Wage. After unsuccessful attempts in 1972 national banks, boosted loan ceilings on conventional and and 1973 to raise the minimum wage, Congress in 1974 government-insured mortgages and reduced cash down finally cleared a bill (S 2747-PL 93-259) raising the hourly payment requirements for housing purchased with minimum for most non-farm workers to $2.00-from government-backed mortgages. (Weekly Report p. 2319) $1.60-as of May 1, 1974, and to $2.10 on Jan. 1, 1975, and $2.30 on Jan. 1, 1976. Real Estate Settlements. Congress Dec. 11 cleared The final version of S 2747 also extended overtime reform legislation (S 3164-PL 93-533) designed to give coverage to federal, state and local government workers homebuyers more information about the settlement and to domestics and phased in overtime coverage for police charges connected with the purchase of a house. The key and firemen. A controversial youth differential that would provisions of the bill required mortgage lenders to dis- have allowed an employer to pay 16- and 17-year old youths close these charges at least 12 days before settlement. a subminimum wage was dropped from the final version. A Usual settlement charges included title insurance, at- 1972 bill was killed when the House refused to send similar torneys' fees and real estate commissions. The bill also out- legislation to conference with the Senate, and President COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. PAGE 3438-Dec. 28, 1974 Reproduction prohibited in whole or in port except by editorial clients FURD LIE 93rd Congress - 25 Nixon vetoed a 1973 minimum wage bill (HR 7935) because raised the position of certain hearing examiners to the level he considered it inflationary and because it did not contain of administrative law judge. The Senate by voice vote the youth differential. The House failed to override that passed S 3202 Nov. 22 without the offending provision; the veto. House followed suit Nov. 26. (Weekly Report p. 3287) (See Although it was similar to the 1973 measure, Nixon also legislation on illegal aliens, under Crime and Judi- signed S 2747. One persuasive argument for his decision to ciary section.) sign the bill was the overwhelming support given the final version by both chambers. The Senate adopted the con- ACTION NOT COMPLETED ference report March 28 on a 71-19 vote; the House ap- Occupational Safety. Although both the Senate Labor proved it the same day, 345-50. (Weekly Report p. 858) and Public Welfare and the House Education and Labor Economic Development Administration. Congress Committees held extensive hearings, none of several bills Aug. 22 cleared HR 14883 (PL 93-423) extending the Public attempting to make changes in the Occupational Safety and Works and Economic Development Act of 1965 for two Health Act was reported out of committee. Bills under con- years, through fiscal 1976. The act was designed to en- sideration ranged from outright repeal of the controversial courage economically depressed areas to carry out economic law to minor technical amendments, but the major issue development plans. turned on the question of giving small businessmen some President Nixon had originally recommended that the type of on-site consultation services so that they would 1965 law, and the Economic Development Administration know what they needed to do to be in compliance with which administered it, be extended for only one year while federal health and safety regulations. a new revenue-sharing program was drafted. But the ad- That issue was at least partially resolved when ministration finally bowed to congressional demands for an Congress agreed to an amendment to the fiscal 1975 Labor- extension, threatening, however, to veto any bill that 1) ex- Health, Education and Welfare appropriations bill (HR tended the act for more than two years, 2) required ad- 15580-PL 93-517) appropriating money for the Labor ditional unemployment benefits or 3) maintained a Department to set up a consulting service within the Oc- minimum funding level for a special public works impact cupational Safety and Health Administration (OSHA). A program. Although House and Senate congressional com- second amendment, to exempt firms with 25 or fewer mittees recommended additional unemployment benefits employees from the law's coverage, was rejected although and a minimum funding level for the special impact Congress agreed to raise the exemption for certain program, both bodies removed the offending provisions reporting requirements of the law to cover firms with 10 or during floor action. (Weekly Report p. 2396) fewer employees, instead of firms with a maximum of seven employees. (Weekly Report p. 3240) Hospital Workers. Nonprofit hospital employees were given the right to organize and bargain collectively when Workmen's Compensation. Proposals to reform the Congress July 11 cleared S 3203 (PL 93-360). The bill also set state workmen's compensation laws by establishing up special labor relations procedures to provide a continua- minimum federal standards dealing with medical and work tion of adequate patient care during labor disputes. Key loss benefits were endorsed heartily by labor unions, but provisions were requirements for a 30-day cooling off business associations, contractors and insurance companies period and a 10-day notice before striking or picketing. urged that states be given more time to reform their laws. (Weekly Report p. 1897) Hearings on the proposals were held by the Senate Labor and Public Welfare Labor Subcommittee in May and July, Railroad Retirement. In a major defeat for President but subcommittee Chairman Harrison A. Williams Jr. (D Ford, Congress Oct. 16 enacted into law over the President's N.J.) announced in September that the subcommittee was veto a bill (HR 15301-PL 93-445) to restructure the collaps- making major revisions in the legislation and that he ing financial structure of the railroad retirement fund. The "would certainly hope to see enactment of this program" in Senate override vote was 72-1; the House vote, 360-12. The the 94th Congress. (Weekly Report p. 1696) measure authorized $285-million a year through the year 2000 to eliminate a projected $8.5-million deficit in the pen- Public Employee Bargaining Rights. The Senate sion fund and phased out the system which allowed some Labor and Public Welfare Subcommittee on Labor held railroad workers to receive both Social Security and hearings on bills that would give public employees the right railroad retirement benefits. Ford vetoed the bill because to bargain collectively and to strike. The House had held he claimed the deficit in the pension fund should be ab- hearings on the same subject in 1973 but neither chamber sorbed by the railroad industry-either through decreased took any further action. benefits or increased revenues-without assistance from The bills were strongly supported by public employee the general taxpayer. (Weekly Report p. 2927) organizations, including teachers associations, although the Farm Labor Contractors. A bill (S 3202-PL 93-518) groups differed on whether such employees should be covered under the National Labor Relations Act of 1935 or tightening the registration requirements for farm labor contractors (crew leaders) was enacted Dec. 7 but only after covered under a separate labor rights organization. Congress agreed to delete a nongermane provision which The National Association of Counties opposed the bills. had prompted President Ford to veto the original version. (Weekly Report p. 2859) Under S 3202, crew leaders, in order to receive cer- Tax Break on Savings Accounts. Congress failed to tification, were required to prove that all housing and approve legislation (HR 16994) which would have provided vehicles provided to farm laborers met federal and state a tax exemption for interest earned on savings accounts. health and safety laws. Crew leaders were also prohibited The bill was pushed by real estate and banking interests as from knowingly hiring illegal aliens. a means of expanding savings deposits, the primary source President Ford Oct. 29 vetoed the first version (HR of funds for mortgage lending needed to prop up the sag- 13342) because it contained a provision that would have ging housing industry. COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. Reproduction prohibited in whole or in part except by editorial clients Dec. 28, 1974-PAGE/3139 93rd Congress - 26 The House Ways and Means Committee reported the dicapped in 1976 and gave blind persons priority to operate bill Nov. 26, but the bill ran into trouble before it reached vending stands on federal property. the floor because of the combined opposition of the ad- President Ford vetoed that bill Oct. 29, largely because ministration, liberal Democrats and consumer groups. of the transfer of the Rehabilitation Services Ad- They argued that the bill was an expensive and inefficient ministration. The House Nov. 20 voted to override the veto way of helping the housing industry and of little benefit to on a 398-7 vote; the Senate followed Nov. 21 by voting 90-1 small savers. The House Rules Committee shelved the bill to override. at the end of the session. The Senate did not consider But because Ford maintained that he had pocket- similar legislation. (Weekly Report p. 3310) vetoed the bill during the election recess, Congress feared that the legislation could be tied up in a legal dispute that would not allow it to take effect quickly. Consequently, Welfare, Poverty both chambers Nov. 26 by voice votes approved a second bill (HR 17503-PL 93-516) identical to the vetoed version. In ACTION COMPLETED the face of overwhelming congressional support for the Office of Economic Opportunity. Congress reaf- legislation, Ford signed the bill Dec. 7. (Weekly Report p. firmed its commitment to the "Great Society" poverty 3223) program Dec. 19 when it cleared legislation (HR 14449- PL-000) giving the controversial agency a new lease on life. Social Services. Resolving a dispute which began in OEO had faced an uncertain future since early 1973 when February 1973, Congress Dec. 20 cleared compromise legisla- former President Nixon launched a battle to abolish the tion (HR 17045-PL 93-000) setting new guidelines for agency and cut off federal funding for its major program- state-run and federally subsidized social services programs local community action agencies providing a broad range for low- and moderate-income families. of services for the poor. The dispute centered on proposed Department of As cleared, the bill extended OEO programs, which Health, Education and Welfare (HEW) regulations for the expired June 30, through fiscal 1977. OEO itself would programs, which were criticized as too restrictive. The continue to exist until at least June 15, 1975; after March regulations were designed to keep the annual federal cost of 15, 1975, the president would have the option of pro- the programs below a $2.5-billion ceiling imposed by posing a reorganization plan transferring community Congress in 1972. action programs to the Department of Health, Education On Dec. 9 the House approved a compromise which had and Welfare (HEW). Congress could reject the plan by joint been developed by the administration, the states, key resolution, but the president could veto it. members of Congress and about 40 other groups. The com- The Nixon administration had argued that funding for promise opened up the social services programs-ranging community action programs should come from state and from employment training to day care-to the working local government. Anti-poverty workers, joined by mayors poor as well as welfare recipients. It also barred payment of and governors who wanted federal funding of the programs the 75 per cent federal share of the programs' cost for a to continue, conducted an intensive lobbying campaign to number of specific services. save the programs. The Senate threw out the compromise and on Dec. 17 Their efforts paid off May 29 when the House gave readopted provisions of a Social Security measure (HR overwhelming bipartisan backing to a version of the bill 3153) it had passed in late 1973. In addition to changing abolishing OEO itself, but keeping community action social services guidelines, the Senate version would have es- programs alive in a new agency in HEW. Hopeful that tablished a tax credit program, sometimes called President Ford would be more flexible than his predecessor "workfare," for the working poor at an annual cost of $600- on the OEO issue, the Senate Dec. 13 approved a version million. Other Senate provisions were designed to force continuing OEO until Oct. 1, 1975, while giving the Presi- states to track down and collect child support payments dent the reorganization option. from fathers who had deserted their families. House-Senate conferees retained the reorganization House-Senate conferees killed the workfare proposal option, but agreed to extend authority for the OEO agency and generally accepted the social services provisions of the itself only until March 15. They also accepted, with minor House version. They retained the Senate-passed child sup- modifications, House provisions requiring a gradual decline port provisions. The White House had opposed the tax in the federal share of community action program costs. credit proposal. President Ford had taken no official public position on the OEO issue, but sponsors hoped that growing unemploy- Legal Services Corporation. Ending a three-year ment at the end of 1974 would help convince him that a legislative struggle marked by Senate filibusters in late federal program aimed specifically at the poor was still 1973 and early 1974, Congress July 18 completed action on a (Weekly Report p. 3376) bill (HR 7824-PL 93-355) establishing an independent cor- poration to provide legal services for the poor. Rehabilitation Act Extension. A potential court fight Congressional conservatives strongly opposed President over the legality of the use of the pocket veto during a con- Nixon's decision to sign the bill July 25. gressional recess prompted the House and Senate Nov. 26 to Opponents of the legislation argued that the existing approve for a second time extention of the Rehabilitation legal services program, housed in the Office of Economic Act of 1973 for one year, through fiscal 1976. Opportunity, had left federally funded lawyers free to pur- The original rehabilitation legislation (HR 14225) sue activist political and social goals. They pressed for and transferred the Rehabilitation Services Administration won adoption of numerous amendments in the House from the Social and Rehabilitation Service to the Office of sharply restricting the legal and political activities of the Secretary in the Department of Health, Education and lawyers working for the new corporation. The House passed Welfare, called for a White House Conference on the Han- its sharply amended version of the bill on June 21, 1973. PAGE 3440-Dec. 28, 1974 COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. Reproduction prohibited in whole or in part except by editorial clients 93rd Congress - 27 After two unsuccessful attempts, Senate sponsors in The opposition of labor and small business groups to early 1974 broke a filibuster against the bill led by southern the House bill contributed to its defeat. They contended Republicans. The Senate rejected most of the restrictive that workers and small firms would need special federal House amendments before passing its version Jan. 31. subsidies to cover the cost of conversion. The administra- House-Senate conferees reached agreement on a com- tion and House sponsors opposed any subsidies. promise bill May 13 which retained some of the A staff member on the House Science and Astronautics amendments but dropped a key House amendment that Committee said that another attempt to pass the bill in the would have outlawed corporation support of independent House was probable in 1975, provided sponsors could legal research ("back-up") centers. Opponents of the bill work out some way to appease labor's objections. (Week- branded the centers hotbeds of activist efforts. ly Report p. 1243) The House approved the conference version May 16, but an attempt to send the bill back to conference to restore Executive Scientific Advice. The House took no action the ban on back-up center support failed by just seven in 1974 on proposals designed to overturn a 1973 executive votes. Faced with signals that President Nixon would veto reorganization plan by President Nixon which abolished the the bill if it contained support for back-up centers, Senate White House science advisory apparatus. The Senate sponsors eventually agreed to restore the ban. (Weekly Re- passed legislation (S 32) Oct. 11 to create a three-man White House Council on advisers on science and technol- port p. 2045) ogy. (Weekly Report p. 2928) Food Commodities Assistance. Congress approved Although the House did not act, its Science and two related bills in 1974 designed to assure that the Astronautics Committee continued hearings in 1974 on ex- Agriculture Department would continue food commodity ecutive science policy and planned to recommend legislation donations under a number of federal programs at a time in early 1975. Those representing scientific groups argued when the government was forced to pay market prices for that the President needed science advice close at hand to many farm products. deal wisely with the energy crisis and other major national The first measure (HR 14354-PL 93-326), cleared June problems. The Ford administration was reassessing the 18, extended through fiscal 1975 the agriculture secretary's effectiveness of Nixon's reorganization plan. authority to buy commodities at non-surplus prices for school lunch and other child nutrition programs. The bill also required the secretary to buy certain amounts of com- Session Summary modities for the programs and boosted the required value per meal of donated commodities. (Weekly Report p. 1611) The second session of the 93rd Congress, which The second bill (S 3458-PL 93-347), sent to the Presi- convened at noon Jan. 21, 1974, adjourned Dec. 20. The dent June 28, extended through fiscal 1977 the secretary's Senate adjourned at 5:40 p.m., the House at 7:10 p.m. authority to buy commodities at market prices for a The session ran 334 days, which was 20 days shorter number of other programs providing assistance to the than the 354 days of the first session of the 93rd needy, disaster victims, institutions and other recipients. Congress. The second session of the 92nd Congress had (Weekly Report p. 1773) run 275 days. The first session of the 93rd was the The secretary's authority to buy commodities at non- 7th longest in history; the second session ranks as surplus prices, provided under the 1973 farm act (PL 93-86), the 16th longest. expired June 30. The two bills were a response to reports in The Senate was in session 168 days and the House early 1973 that the Agriculture Department planned to was in session 159 days during the year. Congress took propose replacing all commodity assistance with cash after several short recesses and a longer election recess fiscal 1975, a proposal which drew fire from school lunch from Oct. 17 to Nov. 18. program officials. There were 8,691 bills and resolutions introduced Nutrition for the Elderly. Approving a major expan- during the session, a substantial decrease from the 17,- sion of popular programs providing the elderly with one hot 528 introduced in the first session of the 93rd Congress, meal a day, Congress June 27 cleared a bill (HR 11105-PL but an increase over the 7,208 introduced in the second 93-351) authorizing $600-million in fiscal 1975-77 for the session of the 92nd Congress. programs. The administration supported a one-year exten- As of Dec. 19, President Richard M. Nixon, up to sion, with an open-ended authorization. his resignation Aug. 9, and President Gerald R. Ford had signed 281 bills into law during the second session. The administration objected to a separate provision of Of these, Nixon signed 123 and Ford, 158. Nixon had the bill which required all HEW programs affecting the vetoed 3 bills, none of which were overridden. As of elderly to be carried out by the commissioner on aging or Dec. 24, Ford had vetoed 14 public bills since taking of- those responsible to him. The provision countered an HEW fice, and four of these were overridden by Congress. proposal to delegate some of the commissioner's respon- The Senate took 544 roll-call votes during the sibilities to HEW regional officials. (Weekly Report p. 1776) session, the House 537. Both totals were down slightly Miscellaneous from the records set in 1973 when the Senate cast 594 votes and the House 541. Following are the totals for ACTION NOT COMPLETED the past five years: Year House Senate Total FORD Metric Conversion. The House May 7 killed an 1974 537 544 1,081 administration-backed bill (HR 11035) to set up plans for 1973 541 594 1,135 the voluntary conversion to the metric system in the United 1972 329 532 861 GERALD States. Senate sponsors of similar bills decided that Senate 1971 320 423 743 action on metric legislation in 1974 would be useless after 1970 266 418 684 the House vote. COPYRIGHT 1974 CONGRESSIONAL QUARTERLY INC. 9/5/74 I. NOMINATIONS 1. Rockefeller 2. 40 pending before Senate 3. 25 in pre-nomination clearance II. APPROPRIATIONS 1. Agriculture 2. Defense HSC 3. State-Justice-Commerce HSC 4. Labor-HEW 5. Military Construction 6. Foreign Assistance 7. 1st Supplemental III. AUTHORIZATIONS 1. Foreign Aid 2. State Department SHC 3. USIA SHC 4. Military Construction H 5. AMTRAK HSC 6. Export-Administration HSC 7. Defense Production HSC 8. Health Manpower 9. Health Services H 10. Health Resources 11. Ex-Im Bank H 12. Asian Development Bank IV. LEGISLATION 1. Trade Reform H 2. Federal Mass Transportation H 3. Job Security Assistance 4. Deepwater Ports H 5. ERDA HSC 6. Gas Deregulation 7. Energy Taxes 8. Railroad Retirement 9. Illegal Aliens H FORD is GRANTO LIBRARY 10. Rhodesian Chrome S 11. Veterans Education H 12. Cargo Preference H 13. Surface Mining HSC 14. Reorganization Authority 15. New Judgeships IV. LEGISLATION (continued) 16. National Health Insurance 17. Naval Petroleum Reserves S NOTE: - Request legislation in Budget to reduce - FY 75 spending by $700 million - Request action on Budget rescissions - Request no action on Budget deferrals - Request no action on Federal Pay deferral V. DEFERRALS 1. Consumer Protection Agency H 2. Capital Punishment S 3. Tax Reform 4. Transportation Improvement 5. OEO Transfer H 6. No Fault Insurance S 7. Freedom of Information HSC 8. Toxic Substances HSC 9. Safe Drinking Water S 10. Campaign Reform HSC 11. DENR 12. Clean Air Act FORD it LIBRARY [Nov.1974] NOMINATIONS Nelson Rockefeller 46 lapsed nominations resubmitted Additional nominations to be submitted VETOES Legal situation of pocket vetoes (Counsel) Burt, Pope, Kennedy Private Relief (H. R. 6624) (Justice) Sharp Private Relief (H. R. 7768) (Justice) National Wildlife Refuge (H. R. 11541) (Interior) Farm Labor Registration (H. R. 13342) (Labor) AEC Amendments (H. R. 15323) (AEC) Rehabilitation (H. R. 14225) (HEW) Freedom of Information (H. R. 12471) (Justice) APPROPRIATIONS Agriculture H (Ag) Labor-HEW HS (Labor-HEW) Military Construction (DOD) Foreign Assistance (State-AID) 1st Supplemental H (OMB) ECONOMY Four packages of deferrals and rescissions (OMB) Legislative economies upcoming (OMB) $300 billion ceiling H (OMB) Amend Employment Act of 1946 (OMB) Commission on Regulatory Reform (OMB) Rice (Ag) Peanuts (Ag) FORD is OERALO LIBRARY - 2 - Extra-long staple cotton (Ag) PL 480 Amendment (Ag) Antitrust Penalties S (Justice) Justice investigation powers (Justice) Special Unemployment Assistance (Labor) Surface Transportation Act (DOT) Financial Institutions (Treas) Surtax (Treas) Trade Reform H (CIEP) Capital gains liberalization (Treas) Preferred Stock Dividends (Treas) Investment tax credit (Treas) ENERGY Deepwater Ports HS (Interior) Surface Mining HS (Interior) Nuclear Plant Licensing (AEC) Clean Air Act Amendments (EPA) Gas Deregulation (FEA) Windfall Profits Tax & relief for poor (Treas) Coal conversion soon (FEA) Naval Petroleum Reserves S (Interior) OTHER Foreign Aid Authorization (State-AID) Federal Mass Transportation HSC (DOT) New Federal Judgeships (Justice) Military Construction Authorization HS (DOD) Veterans Education HSC (VA) Ex-Im Bank (X-M) Asian and African Bank S (Treas) Illegal Aliens H (Justice) Public Broadcasting (OTP) Privacy (Counsel) FORD LIBRARY THE WHITE HOUSE WASHINGTON 11/7 Neta Lou: While you were on vacation and resting, I was here slaving away for our President and Nation and doing your work!!!! I have today sent Dennis the attached list - which I gleaned from list BT is preparing for President's Message to Congress when that illustrious body re- convenes. Yours very truly, S. J. F3RD / & A _________________________ LIBRARY GENALD - THE WHITE HOUSE WASHINGTON BT I talked to Dennis Taylor on Wednesday evening and he asked when it would be possible for him to get a list of the lame duck legislation. He wants to send it out to Rhodes as soon as possible - Rhodes has been asking for it. Neta 10/30/74 Remind SJ- when SJ our me list to do ready. BI is GERALE 1000 LISEARY 11/7 Okay for me to clean up attached list & send to Taylor? Or wait until message is read? sj yo H228 10/29/74. HR 15427 antrak Improvement act of 1974 asks Congr to revise proo. synte provide for customs inspection consistent with effec. enforcement of customs of related laws 10/29/24 5.3838 Regulation of Interest Rates parjable on oblegations issued, by affiliates of certain depository institutions, P. lake Cong Dogros 5.2591 Financial Institutions act. containing set of reforms that would gradually free credit market from harnfulsegaletions of sort imposed by Tatle I of 53838 11 FORD is LIBRARY 9ERALD 10/29/74 Consumer Protection act HR11221 P. asking by legis. Congress amend HR 11221 in order delete fection III - to preserve stec. branch's ability to develop coordinated of coherent legislative branch 10/24/74 H R 13113 Commodity Fatures Trading Commis 93rd to will ask Cony amend 1- Commis undget to Pt + Congr at same time - Pshd submit w/single coordinated bredget 2. Concurrent submission of legis prop, should be subm. by P w/, rest of Legis prop. 3- - Senate Edic Dir shd not FORD be appd by & GERALD LIBRARY EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 December 24, 1974 MEMORANDUM FOR: PHILLIP AREEDA WILLIAM BAROODY PHILIP BUCHEN RICHARD CHENEY KENNETH COLE WILLIAM EBERLE MAX FRIEDERSDORF ALAN GREENSPAN ROBERT HARTMANN SECRETARY KISSINGER JOHN MARSH JERRY WARREN BRENT SCOWCROFT WILLIAM SEIDMAN PAUL THEIS JERRY JONES Attached is the paper I promised at senior staff meeting this morning, identifying troublesome provisions in bills passed in the closing days of the Congress. If, in our review, we identify other bills/provisions that require special attention, I will supplement this list. Paul H. O'Neill Deputy Director Attachment FORD & GERALD LIBRARY 1. S.J. Res. 40: White House Conference on Libraries (Senator Pell (D) Rhode Island) DESCRIPTION: S.J. Res. 40 would authorize and request the President to call a White House Conference on Libraries and Information Science no later than 1978. During the final stages of its consideration, riders were added (1) amending the Family Educational Records and Privacy Act ("Buckley Amendments" to P.L. 93-380) to try to mitigate certain problems which have arisen since it took effect and (2) amending Title IX of the Education Amendments of 1972, relating to sex discrimination at educational institutions, to exempt the Boy Scouts, Girl Scouts, social fraternities and sororities, and similar organizations from its provisions. PROBLEM: (1) The Administration has been opposing a White House Conference on Libraries--with an appropriations authorization of $3.5 million-- as unnecessary and costly from the point of view of expected results. (2) The Buckley Amendments and the amendments to them in S. J. Res. 40, establish major new due process rights in an important and sensitive area, but were both passed hastily as floor amendments without benefit of congressional hearings or careful consideration of views of interested parties. LAST DAY FOR ACTION: No date yet. 2. H.R. 17045: Social Services Amendments of 1974 (Mills (D) Ark. and 2 others) DESCRIPTION: This bill would revise substantially the $2.5 billion maximum program of Federal grants to States for social services to welfare recipients and others. It was amended during the final stages of its consideration to include "child support" provisions involving a far more active role by the Federal Government than heretofore in locating absent parents and obtaining support payments from them. PROBLEM: The child support provisions, in particular, appear to raise serious problems, but we do not as yet have the final text of the bill as passed by the Congress. LAST DAY FOR ACTION: No date yet. GERALD FORD 3. H.R. 14449: Headstart, Economic Opportunity, and Community Partnership Act of 1974 (Hawkins (D) California and three others) DESCRIPTION: This legislation would extend programs and Federal funding under the Economic Opportunity Act, including community action, through fiscal year 1977. It would create a new agency, the Community Services Administration, to succeed OEO either as a separate entity or largely within HEW. PROBLEM: The Administration has strongly opposed continuing Federal funding for the community action program and continued existence of an agency such as OEO. The bill also has many other specific problems. LAST DAY FOR ACTION: No date yet. 4. S. 2854: National Arthritis Act of 1974 (Cranston (D) Calif.) DESCRIPTION: S. 2854 would establish new categorical grant programs to plan and conduct research on arthritis. PROBLEM: The bill would duplicate legislative authority already vested in HEW and would require the development and transmittal to Congress of proposed budget estimates for Arthritis research by a national commission without prior Executive Branch review or approval. LAST DAY FOR ACTION: No date yet. 5. H.R. 17085: Nurse Training Act of 1974 (Rogers (D) Fla.) DESCRIPTION: H.R. 17085 would continue and expand the program of capitation grants for nursing schools. PROBLEM: The Administration had proposed eliminating these grants and furnishing assistance through special project grants instead. LAST DAY FOR ACTION: No date yet. FORD & OERALD LIBRARY 6. S. 2994: National Health Planning and Resources Development Act of 1974 (Kennedy (D) Mass ) DESCRIPTION: S. 2994 would authorize the establishment of new Federal State and local health planning machinery to replace existing health planning efforts, e.g., CHP and RMP programs. PROBLEM: S 2994 contains excessive authorizations and the potential for an unacceptable level of funding through an entitlement formula which for planning grants alone would require a minimum of $35 million a year. This figure could rise to as much as $100 million per year, depending on the number of planning agencies to be established. LAST DAY FOR ACTION: No date yet. 7. S. 251: For the relief of Frank Muto; et al (Senator Hruska (R) Nebraska and Eastland (D) Miss.) DESCRIPTION: This bill would grant civil service retirement credit to 15 persons who have served with various congressional campaign committees. PROBLEM: Granting these people civil service retire- ment credit is inappropriate, since the service in question is not Federal service, and they would not be required to make a deposit to the Civil Service Retirement Fund for the credit they would earn. LAST DAY FOR ACTION: No date yet. FORD is GERALE LIBRARY VETO POSSIBILITIES H.R. 7077 - Cuyahoga Valley National Recreation Area (Seiberling (D) Ohio and 22 others) - 12/27/74 Purpose - establishes the Cuyahoga Valley NRA (20,000 acres) in Ohio, and authorizes appropriations of not more than $34,500,000 and $500,000 for land acquisition and develop- ment, respectively. Objections - this area does not qualify as a component for the National Park System and if approved it would set an undesirable precedent and very likely lead other expensive urban NRAs near many of our large cities; moreover, significant Federal financial ($18,000,000) and technical help will be given to Ohio to establish a regional and locally administered park in the Cuyahoga River Valley. S. 3574 - Land conveyance, Yuma County, Arizona (Fannin (R) Arizona) - 12/31/74 Purpose - relinquishes and disclaims any Federal title to certain lands on the Colorado River in Yuma County, Arizona. Objections - this bill would weaken the long standing legal principle of sovereign immunity under which the U.S. is not subject to equitable claims concerning title disputes on public lands. H.R. 2933 - Filbert import restrictions (Wyatt (R) Oregon) no date Purpose - prohibits the importation of filberts which do not comply with the grade, size, quality, or maturity required for the marketing of domestically produced filberts. Objections - this bill would establish a new trade barrier contrary to our program of expanding trade which is of importance to American agriculture as a whole. S. 3943 - Agriculture conservation programs (Clark (D) Iowa) no date Purpose - extends by 1 year the time for using funds appropriated to carry out the 1973 Rural Environmental Assistance Program and the 1974 Rural Environmental Conservation Program. LIBRARY GERALD B. FORD 2 Objections - the Administration favors rescission or lapsing of all uncommitted funds for these programs and is proposing termination of these programs beginning in FY 1975; if approved, the budget could increase by over $125,000,000 for FYs 1975 and 1976. S. 4206 - Milk Price support levels (Humphrey (D) Minnesota and 6 others) - no date Purpose - establishes upon enactment and through March 31, 1976 the support price for milk at not less than 85% of parity; also contains "sence of Congress" statements that directing the President to limit impacts imports of meat and certain dairy products. Objections - the present parity price support level for milk is 80% and would drop to 75% as of March 31, 1975 --- this bill would increase FY 1976 budget costs by over $100,000,000. H.R. 5773 - Canaveral National Seashore (Chappell (D) Florida and 14 others) - no date Purpose - establishes the Canaveral National Seashore (67,500 acres) in Florida and authorizes appropriations of not more than $7,941,000 and $500,000 for land acquisition and development, respectively. Objections - most of the area is already in public owner- ship, is already being protected and preserved, and is available for public recreational use. *S. 1296 - Grand Canyon National Park expansion (Goldwater (R) Arizona and 24 others) - no date Purpose - enlarges the Grand Canyon National Park and adds to the Havasupai Indian Reservation 185,000 acres, a great portion of which are currently National Forest lands. Objections - Agriculture, notwithstanding President Nixon's May 3, 1974 announcement supporting enlarging the Reservation by up to 251,000 acres, opposes enlargement of the Reservation because it could serve as a bad precedent for adjusting other Indian claim settlements. *S. 3022 - Wild and Scenic Rivers Study bill (Nelson (D) Wisconsin and 2 others) - no date Purpose - lists 29 rivers which would be studied for possible designation as components of the National Wild GERATE FORD LIBRARY 3 and Scenic Rivers System; in addition, the bill substantially increases the funding authorization for the Lower Saint Croix Wild and Scenic River. Objections - Agriculture opposes the bill because it bears little resemblance to an Administration bill which proposed a different study list; the Lower Saint Croix authorization increase is also objectionable. H.R. 14689 - Lowell Historic Canal District (Cronin (R) Mass 8 O'Neill (D) Mass., and 10 others) - no date Purpose - establishes a 9 member Commission to study and report within 2 years to Congress on proposals to commemorate, preserve, and develop the Canal District area in Lowell, Mass , characterized as the American Cradle of the industrial revolution. Objections - the whole thrust of the bill is to encourage the Commission to lay out a gradiose plan to preserve and develop an area which the National Park Service has already studied and rejected as unsuitable for Federal participation and funding. LISRARY GERALD ? FORD EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET DATE: December 23, 1974 WASHINGTON, D.C. 20503 REPLY TO ATTN OF: SUBJECT: Veto possibilities -- Business and General Government S. 356 - Consumer Protection - Sen. Magnuson (D) Washington and Sen. Moss (D) Utah Provides disclosure standards for written consumer product warranties against defect or malfunction; defines Federal content standards for such warranties; and grants the FTC expanded authority in carrying out its consumer protection activities. Problems (1) Saddles FTC with cumbersome procedures in issuing substantive trade regulation rules. (2) Subjects S&Ls and credit unions to FTC (rather than FRB, FHLBB, or NCUA) rulemaking authority over unfair and deceptive practices. (3) Allows FTC to represent itself with its own attorneys in several types of civil actions. S. 1083 - Explosives - Sen. Bayh (D) Indiana Would change the exemption from Federal regulation of black powder from quantities over 5 pounds to quantities over 50 pounds. [Would not legalize any currently illegal practices.] Black powder is used in antique guns, fireworks displays, and to some degree, according to Justice and Treasury, in homemade bombs. S. 3934 - Federal Highway Authorization - Sen. Bentsen (D) Texas Makes permanent the 55 mile per hour national speed limit, extends the carpooling demonstration program for one year, and increases the limit on truck weights and sizes, all of which the Administra- tion requested. It also provides for nearly $500 million in increased highway authorizations and categorical grant programs, which the Administration opposed. STREET FORD LIBRAST 2 H.R. 8193 - Cargo Preference - Rep. Sullivan (D) Missouri ** Would require shipment of an increasing percentage of oil imports on U.S. vessels - inflationary, special interest legislation which might have adverse effects on environment, Navy ship construction, foreign relations and other programs. H.R. 13296 - Maritime authorization - Rep. Sullivan (D) Missouri (1) would extend maritime subsidy authorizations as requested (2) would require a regional office be opened in the Great Lakes area -- there are offices in the other three regions. (3) would provide a program to indemnify fishermen whose equipment is damaged by foreign vessels. H.R. 15223 - Railroad Safety - Rep. Staggers (D) West Virginia Would amend the laws regarding the transportation of hazardous materials and rail safety. Would also make the National Transportation Safety Board an independent agency. Provides for concurrent submission of NTSB's budget and legislative recommendations to the Congress, for which OMB staff is recom- mending a veto. ** NOTE: President's last day, December 30. None of the other above bills have dates. TORO THE WHITE HOUSE WASHINGTON December 20, 1974 MEMORANDUM FOR: ROY L. ASH PAUL H. O'NEILL JAMES H. CAVANAUGH THRU: MAX L. FRIEDERSDORF m.f. FROM: VERN LOEN VL SUBJECT: Special Consideration of Bills Minority Leader John Rhodes and the entire Arizona delegation are quite concerned about the following bills and have stressed that they MUST be signed by the President: (1) S. 3574 Arizona Land Conveyance (Deadline 12/31) (2) H.R. 7730 San Carlos Mineral Strip (Deadline 12/23) (3) H.R. 10337 Hopi-Navajo Lands (Deadline 12/24) (4) S. 1296 Grand Canyon National Park (hasn't arrived) This bill is Senator Barry Goldwater's and has worked very hard on it. cc: MARSH EMALO R. FORD KenDALL O'DONNell January 3, 1975 Dear Jack: Here is a copy of the President's memorandum of dis- approval for S. 3341, the Travel Expenses Amendment Act of 1974. It was on the recommendation of the Veterans Adminis- tration that the President decided to vate this bill, but you will note in his statement that he recognizes the problem and is ready to work with the new Congress which will correct it in an equitable fashion. With kind personal regards, 1 am Sincerely yours, Vernon C. Loen Special Assistant to the President Honorable Jack Brooks House of Representatives Washington, D. C. 20515 FORD i LIBRARY GERALD MEMORANDUM OF DISAPPROVAL I have withheld my approval from S. 3341, the "Travel Expenses Amendments Act of 1974." This bill would raise the maximum per diem allowance and mileage rates for civilian Government employees traveling on official business, a purpose which I endorse. Unfortunately, PROVISION however, unsound rider was added to the bill which would remove the present flexibility we have for reimbursing certain disabled veterans for authorized travel in connection with their treatment. This provision assumes that there are great similarities in the travel situations of VA beneficiaries, and Federal employees who are away from home on the Government's business. This is not the case, however. Generally a short span of time is involved in VA beneficiary travel to a facility for voca- tional rehabilitation, counseling and health care, while Govern- ment employees may be in travel status for days or weeks. The employee per diem is designed to pay for necessary living expenses during this period, including those of lodging and meals. With regard to mileage rates, Government employees using a privately owned vehicle for their own convenience may be reimbursed at the minimum 15¢ rate or at a rate comparable to the cost to the Government if the employee used a Government-owned vehicle. This flexibility in the management of travel funds would be continued for Government employee travel under the bill passed by the Congress. However, such management flexibility would not be applicable to the travel of VA beneficiaries. The result would be that payment of unwarranted mileage rates would be required that would add an estimated $25 million a year to the VA budget. GERALD FORD LIBRARY -2- The Administration will ask the 94th Congress for a new bill to raise the maximum per diem and mileage rates which have been inadequate for some time. Many Federal employees who are required to travel in connection with their work, have suffered considerable out-of-pocket expenses in recent years. Our proposal--similar to the bill proposed to the 93rd Congress-- will remove the ambiguity in S. 3341 with respect to the continued use of the "lodgings plus" method of reimbursement and will continue the maximum rate system in current law. This is a practice which allows travelers to be reimbursed for their reasonable expenses up to the maximum established in statute, and also makes efficient use of tax dollars. THE WHITE HOUSE January , 1975 FORD i LIBRARY GERALD CHAIRMAN ROOM 1618 JOHN B. ANDERSON, M.C. LONGWORTH HOUSE OFFICE BUILDING 16TH DISTRICT, ILLINOIS 202-225-5107 VICE-CHAIRMAN SAMUEL L. DEVINE, M.C. Republican Conference MICHAEL F. MACLEOD EXECUTIVE DIRECTOR 12TH DISTRICT, OHIO SECRETARY U.S. house of Representatives JACK EDWARDS, M.C. 1ST DISTRICT, ALABAMA Washington, D.C. 20515 HL cl January 14, 1975 IL Dear Republican Colleague: It seems to me that some of the appraisals we have seen over the past few weeks offer a distorted view of the 1st session of the 94th Congress. This is particu- larly true on economic and fiscal issues (like New York aid, tax cuts, and the Federal pay raise,) and on the question of vetoes. As you know, we were able to save the taxpayers well over $5 billion by sustaining the bulk of Ist-session presidential vetoes. The attached statement, an effort to set the 1975 record straight, is forwarded to you with the hope that you may find it useful in reviewing the high points of last year's lawmaking and in preparing for 1976. With best wishes for a Happy New Year, I am John JOHN Chairman Very B. truly ANDERSON, D. yours, JBA:mm attachment FORD : LIBRARY GERALD HOUSE NEWS REPUBLICAN CONFERENCE 1618 LONGWORTH HOUSE OFFICE BUILDING, WASHINGTON, D.C. 20515 202/225-5107 JOHN B. ANDERSON, M.C. (ILL.) CHAIRMAN MICHAEL F. MACLEOD EXECUTIVE DIRECTOR January 12, 1976 Contact: Mike Vaughn 225-5676 ANDERSON ANALYZES "DESULTORY" FIRST SESSION Washington -- Congressman John B. Anderson (R.-I11.) reviewed the contro- versial and combative first session of the 94th Congress in recent remarks in the Congressional Record. He characterized efforts on behalf of fiscal restraint as "the legitimate, overriding concern of Congress and the American people.' Anderson, Chairman of the House Republican Conference, criticized the dominant Democratic majority in Congress for "the farrago of evasion and confrontation, which resulted in a dismal and desultory session. Both the President and the Congressional Democrats came to their respective positions with a genuine concern for the issue at hand. But confrontation escalated, and the combatants dug in for a long, drawn-out siege. Because of this 'macho' game, law-making was held hostage for a time to emotionalism and irrationality." Anderson emphasized the success of the President, who with the support of significant numbers of House Members, managed to pare back Federal spending increases and ease the pressure on the growing déficit. "Congress' decision to sustain the bulk of Mr. Ford's vetoes and limit both aid to New York City and Federal pay raises rep- resents an affirmation of the quintessential Republican goal, prudent spending." "It is fair to conclude that our constituents want us to exercise a reasonable degree of fiscal restraint, laced with more than a modicum of concern for our fellow man. Consensus can exist; progress is possible. But we must not allow the issues the moment to be dragged into an arena where the tactics of confrontation-styl politics all but muscle out the subtler art of compromise," said Anderson. LISTARY GERALD OF "THE 94th CONGRESS, 1st SESSION" AN ASSESSMENT by HON. JOHN B. ANDERSON, CHAIRMAN HOUSE REPUBLICAN CONFERENCE Mr. Speaker, we are poised on the brink of the 2nd session of the 94th Congress, and the air around us is growing thick with self-congratulatory assessments of the House track record in the 1st session. It stands to reason, of course, that these proliferating laundry lists of unduly complimentary reports on Congress's legislative prowess come from the majority party. None among us, I dare say, would have the effrontery to argue that a party in Congress that enjoys 66.66% dominance- put another way, Mr. Speaker, it is a "two-thirds majority' " over the other party is anything less than the controlling force in that House. And so it is (or should be) in the House of Representatives where the minority is outnumbered by 2 to 1. It seems to me that any reasonably dispassionate analysis of the 1st half of this Congress's two-year life- span would reveal a record shot through with a farrago of evasion and confrontation, either of which has as its logical consequence almost fatal public policy paralysis. Because of their overwhelming numerical preponderence, my own feeling is that the majority must bear the brunt of the blame for the 1st session's dismal performance. But my assessment, Mr. Speaker, is not an effort to lay blame at anyone's doorstep, or to castigate any one person or party. Rather, if you will, it is an attempt to analyze some of what happened in the 1st session, why it happened, and what can be done to see that legislative history does not repeat itself. For if it does, I fear, we in Congress will have consigned the nation to another year of desultory, largely ineffective lawmaking--a bitter birthday brew, indeed, served up to a nation celebrating its 200th anniversary. As we trace the legislative history of the 1st session, Mr. Speaker, one pattern emerges that bodes ill for everyone. Most of the controversial issues considered in Congress this past year resulted in a confrontation of one kind or another FORD is LIBRARY -2- Each side, be it Congress VS. the President, or the Republicans vs. the Democrats, came to its position with a genuine concern for the issue at hand. But as the confrontation escalated, passions mounted, and negotiating became a formidable task as the combatants dug in for a long, drawn-out seige. Frankly, many of the legislative battles this past year reminded me of the Cuban missile crisis, where, as you will recall, the respective positions of the U.S. and the U.S.S.R. were rigid--and well-nigh immutable. As a consequence, neither side could back down without sacrificing national pride. Had the stakes not been so high, it would have been like two school children in a playground stand-off: too evenly matched to fight and too proud to back down. The Cuban missile crisis became a warped, horrific game of machismo give and take, where the stakes were personal honor codes and the chips were human lives-- millions of them. With all due respect to my distinguished female colleagues in the House, it strikes me that the same "macho" game has been played out all too often this year in the House. The most recent example--but by no means the only episode--is the tax cut extension measure, where opposing sides became intransigently locked into their respective stances. Luckily, an 11th hour "face-saving" compromise was worked out, a compromise that extended tax cuts for a time and more or less reasserted the principle of a Congressionally-mandated Federal spending ceiling. But the fact remains: law-making for a time was held hostage to emotionalism and irrationality. I submit, Mr. Speaker, that there is no need for this. As evidence of my contention, I would recall to you a portion of the remarks of the Minority Leader, delivered on opening day, 1975: In a Republic the majority rules while the minority tries to show the majority how things really should be done. I can assure you that as minority leader I will speak out as forcefully as I know how whenever I feel that the majority has adopted a direc- tion or a decision that is not well advised. I can also assure you that my Republican colleagues will have many suggestions to make during the 94th Congress. That is how it should be, that is how it has always been, and I hope that it will always be that way. FORD ; LIBRARY GERATO -3- But I am also determined to work toward the consensus approach to our Nation's prob- lems which I feel is necessary in order for the 94th Congress to take the action that the Nation requires. The House of Represen- tatives, being closest to the people, has an obligation, in my judgement, to be the most responsive body in Government. The people want us to act. They expect us to avoid the stalemate which many have predicted will occur. We can only fulfill their expectations and hopes if we work together, not as Demo- crats, not as Republicans, but as Americans elected by our peers to be Members of the House of Representatives. VETOES In my view, Mr. Speaker, the House acted, in the words of the Minority Leader, "as Americans elected by our peers, to be Members of the House of Representatives" not as willful and capricious individuals--m often on the question of veto overrides. As everyone knows, the Presi- dent vetoed 17 bills in the 1st session of the 94th Congress. I consider it an impressive expression of popular will that only 3 of these vetoes have been overridden. For my own part, Mr. Speaker, I think that Congress's decision to sus- tain the bulk of these vetoes represents an affirmation of the quintessential Republican goal: prudent spending. The aggregate cost of all those bills (with firm spending esti- mates) vetoed by President Ford that the Congress has acted on so far was $21.7 billion. In the case of two of the vetoed bills (jobs and housing), whose original costs totalled almost $6.7 billion, Congress was obliged to drastically scale down two substitute bills which the President eventually signed, saving the taxpayers well over $3 billion. To date, the 94th Congress has voted to override three presidential vetoes (total cost: $12.5 billion). Thusfar, by my reckoning, $5.7 billion of the taxpayers' money has been saved in this manner. Furthermore, I might point out that we have yet to take action on the Labor-HEW bill (cost: $45 billion). Finally, I think it should be kept in mind that the $5.7 billion savings estimate is conservative indeed. For it does not include the vetoed strip mining bill, which, it is figured, could have cost the American consumer as much as $5.6 billion per year in higher fuel costs and would have meant increased imports of middle east oil, raising dollar outflows by as much as $7.8 billion per annum. FORD LIBRARY 039830 -4- A good example of what I mean when I talk about prudent spending is H.R. 4485, the Emergency Middle Income Housing Act. (I might note, in passing, Mr. Speaker, that this Congress's penchant for passing "emergency" legislation is well-known. Indeed, if I had entitled my remarks here as "Emergency Report on the 1st Session", I dare say I'd get a simple majority of the majority to adopt it.) The general purpose of H.R. 4485 was to stimulate home buying and to offer mortgage assistance to unemployed home- owners. An edifying goal yes, but the costs were way out of line. In terms of productive activities, $2 in Federal expenditures would have been necessary for every $1 gained. All that, the committee estimated, at a cost of over $2 billion to the Federal government over the life of the program. The Republicans held out for an alternative approach that eventually was signed into law. Its costs? $500 million. A savings of one and one-half billion dollars. That. Mr. Speaker, is but one example of how the veto was used in the 1st session--with the support of significant numbers of House Members in most cases--to pare back the Federal budget, to ease somewhat the pressure on the growing deficit. Examples abound: vetoes were sustained on the $1.8 billion Emergency Agriculture Act and the $5.3 billion Emergency Employment Appropriations Act. Money-saving compromises were worked out on the tourism and the Executive Protection Service bills. NEW YORK AID This string of money-saving vetoes does not take into account the potential savings that were realized because the President--with a good deal of support from many Congressional Republicans--refused to grant the vastly inflated initial requests of $ 7 billion (in the case of the House committee) and $11 billion (Senate). After several months of continuous pressure, New York's financial situation was clarified and enhanced with a proposed tax-increase and budget-cutting package, and in response to this, a $2.3 billion short-term loan program was enacted. This is not to say, of course, that perforce the taxpayers saved $5-9 billion, but it does indicate that the Congress can get a bigger "bang for its buck" if we are willing to display a responsible measure of discipline and restraint. FORD is GERALD LIBRARY -5- PAY RAISE This same philosophy applies, in my construct, Mr. Speaker, in the matter of the recently-enacted pay raise for Federal employees. Some of my colleagues on the other side of the aisle would have us believe that the 5% raise that went into effect in October for Federal employees and Members of Congress had its origins here on Capitol Hill. Not so, Mr. Speaker. As we all know, President Ford, going against the advice of OMB, the Civil Service Commission and the Advisory Committee on Federal Pay, pared back the recommended pay increase from 8.66% to 5%. This represented a savings to the taxpayer of an estimated $1.6 billion per annum. Nonetheless, attempts were made in both Houses--on the floor of the Senate and in committees in the House to override the President's action. Fortunately, there prevailed among us the view that the sense of thrift and the desire for equitability are not mutually exclusive. TAX CUTS Mr. Speaker, as I mentioned earlier, no subject taken up by this Congress has aroused more passion, engendered more confusion, or fostered more ill-will than that of taxes and tax cuts. In reviewing our action early last year with respect to tax cuts--in attempting to cut through the misasma of charges and counter-charges, of accusations and compliments, all too many of which I fear are politically motivated--I was struck by the sounding of a theme that we were to hear again during the course of our law-making all year long. When all was said and done, there was an effort to enact a tax cut law that was hefty, but not intolerable. It did not go far enough for some Members, and it went way too far for others. Which- ever, the compromise that was finally worked out represented far less of a burden on the U.S. Treasury than the majority party in the Senate would have imposed. It will be recalled, Mr. Speaker, that the House bill would have enacted tax cuts totalling $19.9 billion. The Senate version totalled $30.4 billion, and the compromise that cleared both Houses in late March was $22.8 billion. My own view is that the House and the President can share the "honors" for this one, for it was the threat of a potential veto and the adamant position taken by many of the House conferees that brought the total price tag of the bill back down to a more realistic level. This is by no means a comprehensive review of the year's legislative accomplishments. Rather, Mr. Speaker, it is an attempt to derive some sense--a sense of order, if you will-- out of our actions. It seems to me that the signposts I've described are easily perceived and that they stake out the direction we should head as we prepare for the 2nd session of the 94th Congress. FORD & DERALD LIBRARY -6- The lesson of the 1st session is one of fiscal restraint displayed in responsible fashion. If I have read rightly the 1975 record, this would appear to be the legitimate, over- riding concern of most Members, and by inference, the American people as well. For if the House of Representatives is, as I believe it to be, an expression of the general will, then I think it is fair to conclude that our constituents want us to exercise a reasonable degree of fiscal restraint, laced with more than a modicum of concern for our fellow man. I might add here that my reading of the current situation leads me to believe that the term "reasonable" should be strictly construed: one dictionary definition comes to mind-- "moderately priced". In my mind, Mr. Speaker, this past year has shown me that the best way to subvert our goal, the best way to delay the achievement of what a consensus of our colleagues tells us is desirable, is to drag the issues of the moment into an arena where the tactics of confrontation-style politics all but muscle out the subtler art of compromise. If the 2nd session should be characterized by "missile crisis" - type lawmaking, the entire Nation will suffer. I would hope that this would not happen and that we can get on with the business at hand. FORD is GRANTS LIBRARY

nara / coll_grf-0014 / doc

Legislation - General (1)

ID: 1075867
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sourceUrl	https://catalog.archives.gov/id/1075867
contentType	document
collections	Vernon C. Loen and Charles Leppert Files Vernon Loen's and Charles Leppert's General Subject Files
subjects	Legislation
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url	https://catalog.archives.gov/id/1075867
naId	1075867
coverageEndDate	logicalDate 1976-08-31 month 8 year 1976
coverageStartDate	logicalDate 1974-08-01 month 8 year 1974
levelOfDescription	fileUnit
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ocrSource	nara-archive

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