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December 17, 1974
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x.'3341 21766 pproved For Release CONGRESSIONAL RECORD 27SENATE 30015- December 17, 1974 Mr. LONG. Mr. President, are there other amendments at the desk? If so, would the Chair inform me what amend- ments are at the desk? The PRESIDING OFFICER. There are two amendments at the desk. Mr. LONG. Mr. President, I ask unani- mous consent that the amendments which are at the desk which are germane be considered as read, reserving the right of any Senator to challenge the germane- ness of any measure. The PRESIDING OFFICER. Without objection, it is so ordered. Mr, CURTIS. Reserving the right to object-.- Mr. ROTH. I object. The PRESIDING OFFICER. Objection is heard. ORDER FOR AATENDMENTS TO H.R. 421, UPHOL- I ask unanimous consent- that any amendments that are prese ly at the desk be considered as hay met the reading requirements only un the rule. that again, please? Mr. ROBERT C. BYRD. I una, i mous consent that an y amen nts that are at the desk be considered having met the reading requirements . the rule. The PRESIDING OFFICE Is there objection? Without objection, it is so Mr. MONDALE. Mr. Presidcit, I ask unanimous consent that Mr. Jil Verdier, of my staff,'be given floor privileges dur- ing the consideration of this measure. The PRESIDING OFFICER. Without objection, it is so ordered. Who yields time? Mr. LONG. I yield to the Senator from West Virginia 30 seconds. Mr. ROBERT C. BYRD. Mr. Presi- dent, I ask that the backup vote follow- ing the vote on cloture be limtied to 10 minutes, with the first bell to sound after 21/2 minutes. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. LONG. Mr. President, a parlia- mentary inquiry. The PRESIDING OFFICER. The Sen- ator will' state it. Mr. LONG. After cloture is voted, assuming that will be the case, if an amendment is ruled not to be germane and appeal is taken from the ruling of the Chair, is that appeal debatable or not debatable? The PRESIDING OFFICER. That ap- peal is not debatable except to the extent of the 1-hour time limitation of each Senator. Mr. LONG. So each Senator, within the 1 hour available to him, can debate the germaneness? The PRESIDING OFFICER. Yes. A Senator can talk on anything within the 1 hour. Who yields time? Mr. CURTIS. Mr. President, may I in- quire if there is any Senator desiring time on this tax bill? Mr. President, how much time re- mains? The PRESIDING OFFICER. The Sen- ator from Arizona has 5 minutes, and the Senator from Louisiana has 7 minutes. Who yields time? Mr. CURTIS. I yield 1 minute to the distinguished Senator from Idaho. Mr. McCLURE. I thank the Senator for yielding. I ask unanimous consent that Douglas Smith, Jim Fields, and Dick Thompson, be accorded the privilege of the floor during all stages of the proceeding on this legislation and the other vote which is pending. The PRESIDING OFFICER. Without objection, it is so ordered. Mr. ROBERT C. BYRD. Mr. President, will the Senator from Louisiana yield for 1 minute? Mr. LONG. I yield. TRAVEL EXPENSES AMENDMENTS ACT OF 1974-CONFERENCE REPORT Mr. HUDDLESTON. Mr. President, I submit a report of the committee of con- ference on S. 3341, ' and ask for its im- mediate consideration. The PRESIDING OFFICER (Mr. JOHNSTON). The report will be stated by title. The legislative clerk read as follows: The committee of conference on the dis- agreeing votes of the two Houses on the amendment of the House to the bill (S. 3341) to revise certain provisions of title 5, United States Code, relating to per diem and mileage expenses of employees and other individuals traveling on official business, and for other purposes, having met, after full and free conference, have agreed to recom- mend and do recommend to their respective Houses this report, signed by all the con- ferees. - The PRESIDING OFFICER. Is there objection to the consideration of the con- ference report? There being no objection, the Senate proceeded to consider the report. (The conference report is in the House proceedings of today's CONGRESSIONAL RECORD). Mr. HUDDLESTON. Mr. President, the purpose of this legislation is to increase the amounts which may be paid to regu- lar employees of the Federal Govern- ment and to experts and consultants em- ployed intermittently, who are traveling on official business, with respect to per diem in lieu of subsistence and reim- bursement when payment of actual ex- penses is authorized. The legislation would also increase the mileage rates for the use of privately owned vehicles used while on official business. These objec- tives would be met by amending existing travel expense legislation so as to more closely reflect the increased cost of offi- cial travel at the present time. The legislation also establishes 'a pro- cedure to adjust on a periodic basis the per diem mileage reimbursement figures for employees who travel on official bus- iness. The conference report provides that the per diem rate shall be increased to "not to exceed $35." The Senate receded from its position of imposing a statutory floor on the per diem rate. However, the General Services Administration, the primary agency designated responsibili- ties under this act,.has said it will estab- lish immediately the per diem rate at $30. 1 feel it important that the General Services Administration letter to Senator METCALF concerning the per diem rate be printed in the RECORD at this point, for which I ask unanimous consent. There being no objection, the letter was ordered to be printed in the RECORD, as follows: GENERAL SERVICES ADMINISTRATION, Washington, D.C., November 26, 1974. Hon. LEE METCALF, - U.S. Senate,. Washington, D.C. DEAR SENATOR METCALF: In a previous letter to you on October 11, 1974, we expressed our views on the House- and Senate-passed ver- sions of S. 3341 which would revise certain provisions of Title 5, United States Code, relating to per diem and mileage expenses of Government employees, and for other pur- poses. Since then, we are advised that addi- tional discussions have taken place with the joint conferees which indicate the pos- sibility of a $25 minimum and $35 ceiling for per diem allowances and a 15 cents minimum and 18 cents ceiling for mileage allowances, among other things. May we take this opportunity to express the Administration's strong support of your vigorous efforts to establish more equitable expense allowances by raising the statutory ceiling for per diem and mileage expenses. We heartily support the $35 ceiling. However, may we also voice the Administration's strong concern over the inequities inherent in a "minimum rate" concept and the un- necessary and unfair conditions created by the instituiton of such a system: 1. GENERAL It has been a long established statutory procedure to reimburse Government travelers for reasonable expenses of travel up to a ceiling established in law. In the 1950's the ceiling was $12, in the 1960's? the ceiling was $16, and in 1969 the present $25 ceiling was decreed by statute. The problem has always been the need to raise the ceiling and never to reimburse travelers at amounts less than the ceiling. Throughout this period, agency heads have been given the necessary flexibility to estab- lish criteria governing fair reimbursement to the traveler. When certain conditions ex- ist, it is only fair and proper to reimburse travelers at a rate less than when he Incurs all normal costs. For example, if the traveler stays with friends or relatives, if quarters/ meals, are furnished by the Government or at a reduced cost, if a camper/trailer or ship/vessel is used and normal costs of lodg- ing are not encountered, or if other situa- tions exist where full costs are not incurred, it would not be proper to reimburse the traveler at some minimum cost such as $25 which, today, would result in excessive pay- ment. 2. ANALYSIS OF MINIMUM COSTS To date, legislation for increases in per diem and mileage expenses has been tradi- tionally and properly concerned with the employee performing travel in higher cost areas who unavoidably encounters expenses above that permitted by statute. Justifica- tion and cost data have been developed to- ward this end. Legislation to date has not been concerned with employees at the op- posite end of the spectrum who perform travel in lower cost-areas, smaller towns, and rural areas since their expenses have always been under the ceiling. When cost data are collected to support legislative per diem or mileage increases, they Approved For-Release 2001/09/07 : CIA-RDP76M00527R000700030015-5 Approved For Release 2001/09/07 : CIA-RDP76M00527R00070003001 December 17, 1974 CONGRESSIONAL RECORD -SENATE 'n176514 whether the agency intends to exercise any options, and-444e projected cost of Fourth, changes f specifications or esti Mr. METCALF. Mr. President, the Sub- committee on Budgeting, Management and Expenditures of the Committee on for under the original core fications; and gestions in the next Congress and any legislation deemed necessary will have early consideration. Mr. President, I ask unanimous con- sent that the Senate proceed to the con- sideration of H.R. 12113. The PRESIDING OFFICER. The bill improvements in such reporting systemsrz 'ill be stated by title. as he deems appropriate. 4The legislative clerk read as follows: I wish to point out to my colleagues 1bill (H.R. 121131 to revise and restate that this amendment, a broadened and ce r' n functions and duties of the Comp- -re flexible version of an amendment troll _ t General of the United States, and for the fiscal year 1970 Defense Procure- The ESIDING OFFICER. Without ment Authorization bill, was adopted by object io the Senate will proceed to the the Senate during the 91st Congress considers of the bill. when it passed S. 4432, the Budget and Mr. ME LF. Mr, President, I move Accounting Improvement Act of 1970. to strike all 4ter the enacting clause of The provision was contained in S. 460, a H.R. 12113 and substitute therefor the bill introduced during the 93d Congress text of S. 30 as reported and as necticut, Mr. RISICOFs', and myself and is The PRESIDING FFICER. The ques- currently pending in the Government tion is on agreeingthe motion of the Mr. President, I have discussed my The motion was agr to. amendment with the distinguished man- The PRESIDING O ER. The ques- ager of the bill, the distinguished Sena- tion is on the engrossmen the amend- tor from Montana who has suggested ment and the third readin f the bill. that the pending bill should not be The amendment was orde to be en- amended by my provision. The pending grossed and the bill to be r a third which deals with the time. ' bill I understand , , responsibilities of the Government Ac- The bill was read the third e. counting Office, is a result of lengthy ? The PRESIDING OFFICER. bill consultations both with the GAO and having been read the third tim w the e ions ittee a ` "...... definitely postponed. "p intends to continue its work on a pack- The PRESIDING OFFICER. Without age of bills relating to the General Ac- counting Office and that my provision objection, it is so ordered. properly belongs in a bill entitled the Mr. METCALF. I yield back the re- "Accounting and Auditing Act of 1974", mainder of my time. S. 3014. As a result I have acceded to his The PRESIDING OFFICER. Who request not to pursue my amendment yields time? with his assurance that the committee Mr. CURTIS. I yield 5 minutes to the will include: my amendment in the legis- distinguished Senator from Delaware. lation it brings to the Senate during the 94th Congress. Mr. President, if the Members of Con- gress are to be able to participate mean- ingfully in the legislative process affect- ing major Federal programs of research, development, and procurement and to effectively analyze the validity of Federal outlays, we should have the benefit of the careful scrutiny of these programs by the Comptroller General. With a budget of more than $300 billion and literally thou- sands of programs, more than 150 depart- ments and agencies, it is obvious that the Members of Congress cannot personally review every program and analyze in de= tail every legislative proposal particularly involving projects of major Federal ex- penditure. We need help to carry out these responsibilities. I would hope that the distinguished manager of the bill would provide the Senate with some fur- ther indication of his commitment and intentions in this connection. UPHOLSTERS.' REGULATORS The Senate continued with the con- sideration of the bill (H.R. 421) to amend the Tariff Schedules of the United States to permit the importation of upholstery regulators, upholsterer's regulating nee- dles, and upholsterer's pins free of duty. Mr. ROTH. Mr. President, in answer to the statements made by the distin- guished Senator from Wyoming, I would just like to point out that none of the proposals in this legislation, insofar as I am aware, were subject to hearings by the Finance Committee. As a matter of fact, I believe that point was raised by the distinguished Senator from Oregon. The understanding was that we would consider some of the noncontroversial items that were included in the House bill. At two different times in the morn- ing we?took up the question of taxation of oil revenue, I made it very clear in my discussions that I felt if we were going to consider this kind of tax legislation, it was critically important that we at least secure the $400 million tax revenues re- ferred to by the distinguished chairman of the committee. That was my feeling then and it is my feeling today. I do not think there is any reason to particularly single out or favor the oil companies when many of these other tax matters were also not subject to Finance Committee hearings. I regret that that is true. It seems to me that it would have been very desirable long ago to have held hearings on tax reform, butthat was not done. At the same time, we are faced with the fact that if we do not correct the situation now, we are losing for all prac- tical purposes $400 million in revenues. I suppose while that is not huge in rela- tion to our overall deficit, it is to me a very sizable step, and I think it is of particular Importance to the American people. They feel that all American com- panies bear a fair burden of American taxation. - Again, as I understand it, these in- ternational oil companies in the last 5 years have paid roughly a 5-percent tax to the United States, whereas they have paid foreign taxes at an effective rate of between 20 and 29 percent. As I have al- ready stated other companies, such as J. C. Penney, pay as high as 48.8 percent. A family of four, making $15,000, with standard deductions, pay as high as 12.1 percent. This is not equitable. The oil com- panies, like others, should bear a greater tax burden. In view of the oil companies' large! profits last year it seems particu- larly unconscionable that we pass any tax bill without securing additional rev- enue from these windfall profits. As I stated earlier, for that reason, I hope that the Senate will not vote for %, ,cloture. ----- - ----- -- Se for from Idaho. r' IcCLURE. Mr. President, I send myself for its the amendme Mr. LONG. The PRESID objection, it is so or The amendment i retary of Interior under authority contained in the Act of December 28, 1973 (87 Stat. - 904) Shall be exempt from all income taxa- tion now or hereafter imposed by the United States." The PRESIDING - OFFICER. Who - yields time? . Approved For Release 2001/09/07 : CIA-RDP76M00527R000700030015-5 s follows: e in the Approved For Release 2001/09/07 : CIA-RDP76M00527R000700030015-5 December 17, 1971 CONGRESSIONAL RECORD -SENATE are invariably stated in average figures there- by accounting for both high and low cost data in one summary amount.. Since statute has never embraced a minimum or base rate, low cost travel, has been invariably given little recognition. In view of the $25 minimum rate being proposed, low cost data now become impor- tant in determining whether a minimum rate concept is viable. A commercial publi- cation, "The Runzheimer Meal-Lodging Cost Index," provides minimum, maximum, and average cost data for meals and lodgings in approximately 100 major cities in the U.S. Enclosed Is an array of the pertinent data. The average cost data for those cities, as of April 1974, were printed. in the House Report on H.R. 15903 without discussion of mini- mum costs. The average cost for 2/3? of those cities ranges from $25-$4&.50, The average cost for the remaining 1/3 ranges from $19- $25. However, the overall, average cost data does not reflect the fact that 96 of those same cities have minimum costs for meals and lodging ranging from $12 to $25. Of those 96 cities, 83 are between a $14 to $21 mini- mum cost range. These costs are for only the 100 major U.S. cities. A great amount of Government travel is performed In small towns and rural areas where much lower costs are encountered. Our studies indicate that approximately 1/2 of all Government travel is being accomp- lished with in the $25 ceiling. At one large department, travel costs incurred during FY 1974 ranged from $13.87 to beyond the $25 ceiling. At another large agency, the range of actual costs incurred was from $13.10 to above the $25 ceiling. Based on the,Runzheimer index and on actual experience of the departments and agencies, we can find no basis of logic to a $25 minimum per diem rate. Similarly, with respect to the proposed 15 cents minimum mileage rate, we find that although this rate is generally consistent with current costs incurred, a minimum rate con- cept does not provide the needed administra- tive flexibility to reimburse at a lower rate in those situations when it is not to the advantage of the Government for the traveler to use his privately owned vehicle. May we reaffirm the Administration's strong support of existing legislative practice where- in a ceiling is established and Government travelers are reimbursed on a "lodgings-plus" concept for actual expenses incurred. Under this concept, when the ceiling is -adequate, all employees are reimbursed for legitimate costs incurred whether travelling to rural areas and small towns or to the larger cities. Should the present ceiling of $25 be increased to $35, it would be our intention to estab- lish immediately an administrative limit of $30 (within the $35 ceiling) to relieve cur- rent per diem inadequacies. The Office of Management and Budget has advised that there is no objection to the submission of this report and enactment of a bill containing minimum rates would not be in accord with the program of the Presi- dent. ARTHUR F. SAMPSON, Administrator. Mr. HUDDLESTON. Mr. President, we have included both statutory floors and ceilings on the mileage reimbursement. This policy was instituted to insure that employees are reimbursed for what it ac- tually costs to operate privately owned vehicles. Studies relied on by both the House ahid Senate indicate that the cur- rent operating costs for a privately owned vehicle Is 15 cents per mile. This is the rate that the conferees have set as the minimum for automobiles. Mr. President, in this-inflation-reces- sion period, the argument for increased Government cost. is particularly sensi- tive. However, two points are relevant here. First, the underlying principle be- hind this legislation is that employees should not be subsidizing the Govern- ment for expenses incurred while on offi- cial business; nor should employees profit by traveling on behalf of the Govern- ment. Second, the bill contains language that provides that all increased expendi- tures for fiscal year 1976 resulting from the enactment of this legislation must be absorbed by the agency's present budget. Travel will have to be reduced in order to offset the increased expenditures:. In conjunction with the Roth amendment to the - supplemental appropriations bill, the goal of eliminating needless travel, at least for fiscal year 1976, might be met. Mr. President, I move the adoption of the conference report to S. 3341. Mr. PERCY. Mr. President, this bill will give the Administrator of General Services the flexibility to continue utiliz- ing the "lodging plus" concept of per diem reimbursement, section 5707(a) does not preclude the use of the current "lodging,plus" method of computing per diem. Under this method, the traveler is allowed a fixed amount for meals and expenses as determined by the Admin- istrator plus the cost of lodging. The re- sulting amount, subject to the statutory limit, is the per diem rate applied to the traveler's reimbursement. If the Admin- istrator determines that the mileage al- lowances fall below the -statutory min- imum authorized in the bill, we encour- age and direct GSA to work with the Congress to draft legislation which would resolve any inequities. - The PRESIDING OFFICER. The ques- tion is on agreeing to the motion of the Senator from Kentucky. The motion was agreed to. UPHOLSTERY REGULATORS The Senate continued with the con- sideration of the bill (H.R. 421) to am6fid the Tariff Schedules of the United States to permit the importation of upholstery, The PRESIDING OFFICER. All time has been yielded back. - The pending cloture motion will be stated. The legislative clerk read as follows: CLOTURE MOTION We, the undersigned Senators, in accord- ance with the provisions of Rule XXII of the Standing Rules of the Senate, hereby move to bring to a close the debate on the com- mittee substitute for H.R. 421. Russell B. Long, Herman E. Talmadge, Robert Dole, Claiborne Pell, Frank E. Moss, Hugh Scott, Walter F. Mondale, Lloyd Bent- sen, Bob Packwood, Wallace F. Bennett, Carl T. Curtis, Paul J. Fannin, Clifford P. Hansen, Robert P. Griffin, Robert C. Byrd, Adlai Stevenson. The PRESIDING OFFICER. Pursuant to rule XXII, the Chair directs the clerk S 21767 to call the roll to ascertain the presence of a quorum. - The second assistant legislative clerk called the roll, and the following Sen- ators answered to their names: [No. 560 Leg.i Allen Fannin McClure Baker Griffin McGee Bartlett Gurney Metzenbaum Beall Helms Pearson Brock Huddleston Percy Buckley Hughes Roth Burdick Jackson Scott, Byrd, Robert C. Javits William L. Case Johnston Stafford Cook Long Stevens Curtis Mathias Dole McClellan The PRESIDING OFFICER. A quorum is not present. Mr. ROBERT C. BYRD. Mr. President, I move that the Sergeant at Arms be directed to request the attendance of absent Senators. The motion was agreed to. The PRESIDING OFFICER. The Ser- geant at Arms will execute the order of the Senate. After some delay, the following Sen- ators entered the Chamber and answered to their names: Abourezk Goldwater Packwood Aiken Hansen Pastore Bayh Hart Pell Bennett Hartke Proxmire Biden Haskell Randolph Brooke Hatfield Riblcoff Byrd, Hollings Schwelker Harry F., Jr. Hruska Scott, Hugh Cannon . Inouye Sparkman Chiles Kennedy Stennis Church Magnuson Stevenson Clark McGovern Symington Cotton McIntyre Taft Cranston - Metcalf Talmadge Domenicl Mondale Thurmond Dominick Montoya Tower Eagleton .Moss Tunney Eastland Muskie Weicker Ervin Nelson Williams Fong Nunn Young Th RESIDING OFFICER (Mr. Mc- CLU . A quorum is present. VOTE - debate on the committee substitute for H.R. 421, permitting duty-free importa- tion of certain upholstery equipment, shall be brought to a close? The yeas and nays are mandatory under the rule. The clerk will call the roll. The legislative clerk called the roll. Mr. ROBERT C. BYRD. I announce that the Senator from Texas (Mr. BENTSEN) , the Senator from Nevada (Mr. BIBLE), the Senator from Alaska (Mr. GRAVEL), the Senator from Arkansas (Mr. FULBRIGHT), and the Senator from Minnesota (Mr. HUMPHREY) are neces- sarily absent. I further announce that the Senator from Montana (Mr. MANSFIELD) is absent on official business. I also announce that the Senator from Maine (Mr. HATHAWAY), is absent be- cause of a death in the family. I further announce that, if present and voting, the Senator from Minnesota (Mr. HUMPHREY) would vote "yea." Mr. GRIFFIN. I announce that the Approved For Release 2001/09/07 : CIA-RDP76M00527R000700030015-5 E121768 Approved For Release 2001/09/07 :. CIA-RDP76M00527R000700030015-5 Senator f pkl CONGRESSIONAL RECORD -SENATE December 17, V74 ro h Atourezk Hartke Muskie Baker Haskell Nelson Bartlett B n Hatfield Nunn B nett en Holruskas Past O?d Brock Huddleston Pearson Burdick Hughes Pell Byrd, Robert C. Inouye Randolph Cls.rk Jackson Ribicoff Cook Javits Scott, Hugh Co ,tan Johnston Sparkman Crams-ton Cuttis Kennedy Long Stafford Do] e M agnuson Stevenson Domenici Mathias Symington Dominick McClure Talmadge Eagleton McGee Tower Fannin McGovern Tunney For.g McIntyre Weicker Goldwater Metzenbaum Willi Griffin Mondale ams Young Hansen Montoya Hart Moss NAYS-25 Aiken Case Percy Mie Chiles Proxmire Bea] i Bicb n Eastland Schwelker Brooke ur S ~ Buckley Gu rney Wi iliamL. Byrct, Helms Stennis Harry F., Jr. McClellan' Taft Cannon Metcalf Thurmond a so announce that th e S enator from NOT VOTING--B Maine (Mr. HATHAWAY) is absent be- Bellmon Fulbright Humphrey cause of death in the family. Bentsen Gravel Mansfield Bible Hathaway I further announce that, if present and The PRESIDING OFFICER. On this H Voting, the Senator from aine ATHAWAY) and the Senator from Min vote there are 67 yeas and 25 nays. Two- nesota (Mr. HUMPHREY) would each vote thirds of the Senators present and voting "yea." having voted in, the affirmative, the Mr. GRIFFIN. I announce that the cloture motion is agreed to. Senator fro Oki In h a oma (Mr BELLMON) SOCIAL SERVICES AMENDMENTS OF 1974 The Senate continued with the con- sideration of the bill (H.R. 17045) to amend the Social Security Act to estab- lish a consolidated program of Federal financial assistance to encourage provi- sion of services by the States. The PRESIDING OFFICER (Mr. Mc- CLURE). The question is, Shall the bill pass``i- Mr. LONG. Mr. President, as I under- stand it, we have advanced to third read- ing, and it was agreed that immediately after the vote on cloture we would have the vote on final passage of the bill pre- vious:!y considered. The PRESIDING OFFICER. That is correct. Mr. LONG. So now before we proceed with the tax bill, we will vote on final passage of the Social Services Amend- menu of 1974, H.R. 17045. The PRESIDING OFFICER, correct. The question-is, Shall pass? The yeas ordered. That is the bill and nays have not been Mr. LONG. Mr. President, I believe it was tile desire that the yeas and nays be ordered on that bill. So I request the yeas wad the nays. The PRESIDING OFFICER. Is there a sufficient second? The yeas and the nays were ordered. m a oma (Mr. BELLMON) Mr. LONG. Mr. President, a parlia- is necessarily absent. mentary inquiry. The yeas and nays resulted-yeas 67, The PRESIDING OFFICER. The Sen- nays 25, as follows: ator will state it. No. 561 Leg.] Mr. LONG. This is the bill dealing with YEAS-67 the Social Services Amendments of 1974 we are voting on? The PRESIDING OFFICER. The Sen- ator is correct. The yeas and nays have been ordered, and the clerk will call the roll. The second assistant legislative clerk Proceeded to call the roll. The PRESIDING OFFICER. The Sen- ate will be in order so that the Members may hear their names being called. The clerk will continue. The second assistant legislative clerk resumed and concluded the call of the r011. Mr. ROBERT C. BYRD. I announce that the Senator from Texas (Mr. BENT- sEN), the Senator from Nevada (Mr. BIBLE), the Senator from Arkansas (Mr. FULBRIGHT), the Senator from Alaska (Mr. GRAVEL), the Senator from Ar- kansass (Mr. MCCLELLAN), and the Ben- ator from Minnesota (Mr. HUMPHREY) are necessarily absent. I further announce that the Senator from Montana (Mr. MANSFIELD) is ab?_ sent on official business. I l . is necessarily absent. The result was announced-yeas 74, nays 17, as follows: [No. 562 Leg.] YEAS--74 Abourezk Hartke Nunn Aiken Haskell Packwood Baker Hatfield Pastore Bayh Hollings Pearson Beall Hruska Pell Biden Huddieston Percy Brock Hughes Proxmire Brooke Burdick Inouye Jackson Randolph Ribi ff Byrd, Robert C. Javits co Roth Cannon Johnston Schweiker Case Kennedy Scott, Hugh Chiles Long Sparkman Church Magnuson Stafford Clark Mathias Stevens Cook McGee Stevenson Cranston McGovern Symington Dole McIntyre Taft Domenici Metcalf Talmadge Eagleton Metzenbaum Tower Eastland Mondale Tunny Fong Montoya Weicker Griffin Moss Williams Hansen Muskle Young Hart Nelson NAYS-17 Allen Curtis McClure Bartlett Dominick Scott; Bennett Ervin William L. Buckley, Fannin Stennis Byrd, Goldwater Thurmond Harry F., Jr. Gurney Cotton Helms NOT VOTING-9 Bellmon Pulbright Humphrey Bentsen Gravel Mansfield Bible Hathaway McClellan So- the bill (H.R. 17045) was passed. Mr. KENNEDY. Mr. President- Mr. LONG. Mr. President__, The PRESIDING OFFICER. The Sen- ator from Louisiana. Mr. LONG. Mr. President, i move to reconsider the vote by which the bill was Passed. Mr. HANSEN. I move to lay that mo- tion on the table. The motion to lay on the table was agreed to. Mr. LONG. Mr. President, I move that the Senate insist upon its amendments and requests a conference with the House of Representatives thereon, and that the Chair be authorized to appoint the con- ferees on the part of the Senate. The motion was agreed to, and the Presiding Officer appointed Mr. LONG, Mr. HARTKE, Mr. RIBICOFF, Mr. MONDALE, Mr. FANNIN, Mr. HANSEN, and Mr. DOLE conferees on the part of the Senate. UPHOLSTERY REGULATORS The Senate continued with the consid- eration of the bill (H.R. 421) to amend the Tariff Schedules of the United States to permit the importation of upholstery regulators, upholsterer's regulating nee- dles, and upholsterer's pins free of duty. The PRESIDING OFFICER. The Sen- ate now returns to the consideration of H.R. 421. Mr. LONG, Mr. President, I wish to say a word or two about germaneness before we go any further. Mr. President, in my opinion, it is a compact between Senators when cloture is voted that-we will not consider or add to the bill amendments that are not germane to the bill. I know Senators offering amendments would like to offer something which, by their views, germane to the bill but sometimes Senators tend to vote the merits of the case rather than the ger- maneness when they are called to vote on that matter. - It seems to me that when we vote l c o- ture on a bill and ask Senators to shut off debate and bring something to a vote, Senators should know what they are ex- Pected to vote on. The benefit of the doubt should be given those who are opposed to germaneness. It seems to me that precedents are in favor of a narrow germaneness rule and that the least we can do is to abide by the Judgment of our Parliamentarian whose credentials, in my Judgment, are absolutely beyond any question. I believe his integrity down through the years support those credentials-that has been as long as I have been here-and that we can rely on the Parliamentarian to give us his opinion on a matter like germane- ness, quite apart and beyond the demands of politics and expediency. It seems to me, Mr. President, that having voted cloture, the Senate should almost as a matter of honor deem it its duty to abide by the opinion of its Parlia- mentarian unless it can be agreed that we will give -consent to someone to offer an amendment that is not germane. I say that, Mr. President, because if amendments are added to this bill which, in my judgment, are not-germane, and in Approved For Release 2001/09/07 : CIA-RDP76M00527R000700030015-5