AN ACT
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Publication Date:
September 3, 1976
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Public Law 94-397
94th Congress, H. R. 3650
September 3, 1976
21ct
To clarify the application of section 8344 of title 5, United States Code, relating
to civil service annuities and pay upon reemployment, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That (a) section Clvii ser-
8344(a) of title 5, United States Code, is amended to read as follows: vice aimuities.
"(a) If an annuitant receiving annuity from the Fund, except? Reemployed
"(1) a disability annuitant whose annuity is terminated because annuitants.
of his recovery or restoration of earning capacity;
"(2) an annuitant whose annuity, based on an involuntary sep-
aration (other than an automatic separation or an involuntary
separation for cause on charges of misconduct or delinquency), is
terminated under subsection (b) of this section;
"(3) an annuitant whose annuity is terminated under subsec-
tion (c) of this section; or
"(4) a Member receiving annuity from the Fund;
becomes employed in an appointive or elective position, his service on
and after the date he is so employed is covered by this subchapter.
Deductions for the Fund may not be withheld from his pay. An amount
equal to the annuity allocable to the period of actual employment shall
be deducted from his pay, except for lump-sum leave payment purposes
under section 5551 of this title. The amounts so deducted shall be de- 5 USC 5551.
posited in the Treasury of the United States to the credit of the Fund.
If the annuitant serves on a full-time basis, except as President, for at
least 1 year, or on a part-time basis for periods equivalent to at least 1
year of full-time service, in employment not excluding him from cov-
erage under section 8331(1) (i) or (ii) of this title? 5 USC 8331.
"(A) his annuity on termination of employment is increased by
an annuity computed under section 8339 (a), (b), (d), (e), (h),
and (i) of this title as may apply based on the period of employ- 5 1.15C 8339.
ment and the basic pay, before deduction, averaged during that
employment; and
"(B) his lump-sum credit may not be reduced by annuity paid
during that employment.
If the annuitant is receiving a reduced annuity as provided in sec- Survivor
tion 8339(j) or section 8339(k) (2) of this title, the increase in annuity annuity
payable under subparagraph (A) of this subsection is reduced by 10 payments.
percent and the survivor annuity payable under section 8341(b) of
this title is increased by 55 percent of the increase in annuity payable 5 USC 8341.
under such subparagraph (A), unless, at the time of claiming the in-
crease payable under such subparagraph (A), the annuitant notifies
the Commission in writing that he deed not desire the survivor annuity
to be increased. If the annuitant dies while still reemployed, the sur-
vivor annuity payable is increased as though the reemployment had
otherwise terminated. If the described employment of the annuitant
continues for at least 5 years, or the equivalent of 5 years in the case
of part-time employment, he may elect, instead of the benefit provided
by subparagraph (A) of this subsection, to deposit in the Fund an
amount computed under section 8334(c) of this title covering that 5 USC 8334.
employment and have his rights redetermined under this subchapter.
90 STAT. 1202
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Pub. Law 94- 3 97 - 2 - September 3, 1976
If the annuitant dies while still reemployed and the described employ-
ment had continued for at least 5 years, or the equivalent of 5 years
in the case of part-time employment, the person entitled to survivor
annuity under section 8341(b) of this title may elect to deposit in the
Fund and have his rights redetermined under this subchapter.".
(b) Section 8344 of title 5, United States Code, is amended?
(1) by redesignating subsections (b) and (c) thereof as sub-
sections (d) and (e), respectively ; and
(2) by inserting immediately after subsection (a) thereof the
following new subsections:
"(b) If an annuitant, other than a Member receiving an annuity
from the Fund, whose annuity is based on an involuntary separation
(other than an automatic separation or an involuntary separation for
cause or charges on misconduct or delinquency) is reemployed in a
position in which he is subject to this subchapter, payment of the
annuity terminates on reemployment.
"(c) If an annuitant, other than a Member receiving an annuity
from the Fund, is appointed by the President to a position in which he
is subject to this subchapter, payment of the annuity terminates on
reemployment".
(c) Section 8344(d) of title 5, United States Code, as redesignated
by this Act, is amended by striking out the last sentence.
(d) Section 8339(f) (2) (C) of title 5, United States Code, is
amended by striking out "8314(b) (1)" and inserting in lieu thereof
"8344(d) (1)".
SEC. 2. (a) Except as provided under subsection (b) of this section,
the amendments made by this Act shall become effective on the date of
the enactment of this Act or October 1, 1976, whichever is later, and
shall apply to annuitants serving in appointive or elective positions on
and after such date.
(b) The amendment made by subsection (c) of the first section of
this Act shall become effective on the date of the enactment of this
Act or October 1, 1976, whichever is later, but shall not apply to any
annuitant reemployed before such date.
Approved September 3, 1976.
5 USC 8341.
Effective
date.
5 USC 8344
note.
Effective
date.
LEGISLATNE HISTORY:
HOUSE REPORT No. 94-336 (Comm. on Post Office and Civil Service).
SENATE REPOR1S: No. 94-877 (Comm. on Post Office and Civil Service) and
No. 94-1030 (Comm. on Appropriations).
CONGRESSIONAL RECORD:
Vol. 121(1975): July 21, considered and passed House.
Vol. 122(1976): Aug. 9, considered and passed Senate, amended.
Aug. 25, House concurred in Senate amendments.
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--,Elup,st .9, 1976
-
TAITOcgitid IFtitRetease12005LONOZ tiCrlAi-RP FATIANIA4 %NAP RP qj 177
(Mr. GRIFFIN),
Carnegie Tech
stitute to form Carnegle-Mellon Univer- our national commitment - to R. & D. the Senator from Nebraska (Mr.
I believe the next 50 years will .bring
benefits to mankind that are only dimly
perceived today. -
President Ford and the Congress have
taken a step to insure continuity in our
science programs. Moreover, the Presi-
dent has selected a very distinguished
scientist and administrator to be the
first Director of Science and Technology
Policy. Dr. H. Gaylord Stever has had
wealth of experience both in Govern-
-meat and out. I believe he is highly-quali-
fied to advise the President on a wide
range of problems that require techni-
cal or scientific consideration.
Dr. Stever's nomination received the
unanimous support of the members of
the Committee on _Aeronautical and
Space' Sciences.
-I heartily endorse his nomination and
h'ope the Senate will approve' it over-
whelmingly. e
- Mr. 'THURMOND. Mr. 'President, -re-
luctantly, I will oppose the nomination
of Dr. S tever. . - ?
- It Is my general view that the Presi-
dent should have the right to choosehis'
Rey aides and top advisers:. In this in-
stance, I believe the most prudent course
is for the Congress to deny confirma-
tion until serious ? questions surrounding
the nominee have been cleared up.
? I am troubled by questions which the
senior Senator from North Carolina (Mr.
'Hux,-ms) and others have raised concern-
ing the alleged withholding of key docu-
ments from Congress, as well as the
alleged manipulation - of - the National
Science Foundation grant process.
Mr. President, until -these questions
have been answered, I believe it is most
prudent for us to withhold confirmation.
- Mr. McINTYRE, Mr. President, I am
prepared to yield back the remainder of
the proponents' time. . ..?
-Mr: HELMS. Mr. President,' I yield
back the remainder of my time. ?
The PRESIDING OFFICER. The ques-
tion is, Will the Senate advise and con-
sent to the nomination of IL. Guyford
Stever, of the District of Columbia, to be
Director of the Office of Science and
Technology Policy: On this question the
Yeas and nays have been ordered and the
clerk will call the roil. .
The. legislative clerk called the roll.
. Mr. ROBERT maw_ I announee
that the Senator from_ Delaware (Mr.
Milian), the Senator from Iowa (Mr.
''Cx.foix), the Senator from Louisiana (Mr.
Lowe), the Senator from New Mexico
-(Mr. Mowrova), the 'Senator. from Cali-
fornia (Mr. TUNNEY) , are necessarily ab-
sent --
?I further announce that the Senator
from Connecticut (Mr. RxincorF), is ab-
sent on official business. .
- I also announce that the Senator from
Michigan (Mr. PHILIP A. HARD., the Sen-
ator-from Massachusetts (Mr. KENNEDY)
are absent because of illness.
- further announce that, if . present
and voting, the Senator from Iowa (Mr.
CLARK) would Vote "yea."
Mr. TOWER. I announce that the Sen-
ator from Tennessee (Mr.. BLocz), the
Senator from Nebraska (Mr. Gnats) , the
Senator from Hawaii (Mr. Fonu), the
CONGRESSIONAL RECORD ? SENATE ? S 13963
sity:with a total endowment of almost
1;120 million. A. new school of Urban Af-
fairs was created to met the demand for
persons capable of dealing with our
growing urban 'problems. A college -of
Humanities and Social Sciences was also
established, -Significant -changes in en-
gineering and science curricula- were
made, and a major -science building was
erected. - ' ? -
While ? a resident of -Pittsburgh, Dr.
Stever's interests _extended into many
civic enterprises and educational activi-
ties beyond the University. campus. He
was a trustee of the Sarah Mellon Scaife
Foundation and -the Buckingham
School; a director of the ',Pittsburgh
Symphony Society, the Regional Indus-
trial - Development. Corporation, the
Fittsburgh-Alleg,henY County Chapter
-or -the American Red_ Cross, and ?the
Metropolitan Pittsburgh Educational
Television- (WQED). . ' . .
- A long list of honorary degrees held by
Dr *Stever includes the following .from
Pennsylvan ia---Lafayette College, - Uni-
versity- of - Pittsburgh," Waynesburg Col-
lege; Allegheny College, -Seton Hill- Col-
lege, Washington and Jefferson College,
Widner: College and -Villanov.a Uni-
versity. . ? -
Dr. Stever's -directorship of the Na-
tional Science- Foundation has likewise
been 'marked- by growth and expansion
of the Foundation's activities. We can
anticipate thatunder his direction the
new White House science office will
strengthen the role of science in relation
to the national welfare and will increase
the public's understanding. of- science as
it ? affects important decisions. An im-
portant . addition, to the reestablished
White House office will be a new Inter-
governmental Science, -Engineering, and
Technology Advisory Panel, which will
be established to help to solve regional,
State, and local civilian problems,
Dr. Stever will bring to the new set?
once -office a -background of varied and
rich associations wtih'' educational 'in-
stitutions, government agencies, indus-
try, international . organizations, and
professional -societies. These represent
many important facets of our country'ts
scientific enterprise, and Dr. Stever rec-
ognizes the Importer ee of. cooperation
with all of them. . .
Mr.: GOLDWATER...Mr.' President,
rise in support of the. nomination of Dr.
H..Guyford Stever to be ?the Director of
the -Office of Science and Technology
Policy. In this ?capacity, -Dr. Stever will
be the principal science adviser to the
President. . - ?
I believe any 'President .should be
allowed great latitude in organizing the
'White House according to his needs and
his selection- of advisers should -receive
sympathetic consideration from the Sen-
ate ?barring any. serious -objections,
? President Ford wisely sought the part-
nership of Congress in creating the new
Office of Science and Technology Policy
thereby providing high visability and
greater support for this new Office.
The Importance of science, technology,
and engineering to the future welfare of
the 'United States and the whole world
HausKA), the Senator from Nevada (Mr.
LAXALT) , the Senator from Pennsylvania
- (Mr. HUGH SGOIT) , the Senator from Vir-
ginia (Mr. WiterAm. L. ScoTr) , are necas-
sarily absent. - -
The result was announced----yeas 78,
nays 6, as follows:
[Rolleall Vote No. 512 Ex.]
YEA
?
Abouresk Glenn Muskie
Allen Goldwater Nelson
Baker Gravel Nunn
Bayh Hansen Pack,x-Ced
Beall Hart, Gary Pastore
Belirnon - Hartke, Pf`firS011
Bentsen. Haskell Pell
Brooke Hatdeld Percy
Ilaths.way Proxmire
Bumpers
Burdick Hollings
Byrd, Huddle:Arm
Harry F., Jr. ICumptney
Byrd, Robert C. Inouye
CEalt1011 _Jackson
Ca6E davits
Chile-3 Johnston
Church Leahy ,
Cranston Magnuson
Culver Manstelci
'Dole Mattlas _
Dornenici McClellan
Durkin McGee
- Eagleton.McGovern.
F-astlandMcIntyre
Metcalf
Mondale
Mass
NAYS---G
Helms Morgan
McClure Thur.monif
NOT VOTING--15
Hart, Philip A. Hibicotf '
Hruska Scott, Hugh
Kennedy Ecott,
Laxalt William L.
Long Tunney
Montoya
Fannin
Ford
":Garn.
Bartlett
Buckley
Hideo.
Brock
-Clark
Curtis,
Tong
Randolph
Roth
Schweiker
Sparkro
tafrOrd
Stennis
Stevens
Stevenson_
Stone
Symington
Taft
`Palm s.dgek
'Tower
Weicker
Will l'-irna
Young
So the nomination was confirmed. -
? Mr. CANNON. Mr.-President, I ask
:Unanimous consent that the President
..be notified of the 'confirmation of the
nomination.
The PRESIDING OFFICER (Mr.
nEfiLL) . Without objection, it is so
ordered.
LEGISLATIVE SESSION ?
Mr. 'CANNON. Mr. President, I ask
unanhnous -consent that the Senate re-
turn to the consideration of legislative
business. .
The PRESIDING 'OFFICER_ . Without
objection,' it is so ordered. -
- Mr. CANNON. Mr. President, what is
-the pending business?
The PRESIDING OFFICER. The
Chair informs the Senator that there is
no order of pending business. .
CIVIL SERVICE ANNUITIES AND RE-
EMPLOYMENT PAY AMENDMENTS
OF 1976
Mr. McGEE. Mr. President, I ask
unanimous consent that the Senate pro-
ceed to the consideration of ILR. 3650,
which we have an agreement to proceed
on at this time.
The PRESIDING OFFICER: The bill
will be stated by title.
The assistant legislative clerk reed as
follows:
A bill (HR. 3650) to clarify the applica-
tion of section 8344 of ti.tla 5, United States
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Code. relating to eivi&mce annuities a position not subject to tne retirement !untied, and tile terminated annuity Is
pAy upon reemployment, and for other pur-
poses, -
The PRESIDING OFFICER Is there
objection toethe request of ,the Senator
from Wyoming?
There being DO objection, the Senate
proceeded to consider the bill.
Mr. MeGEE, Mr. President, I suggest
the absence of a quorum, so that Senator
tIrsvaNs might get here to manage the
other side of the aisle.
The PRESIDING OFFICER. The clerk
will call the roll. -
The assistant legislative clerk pro-
ceeded to call the roll. -
Mr. IVIc0F.iE. Mr. President, I ask
unanimous consent that the order, for
the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered. ?
Mr. McGEE. zrgiesi ent the noncl-
in' matter before he
law, the regulations provide that:
The annuity continues;
The salary is reduced by the amount of the
annuity;
No retirement deductions are made, .
-ANNIJ/TANTS INVOL UNTARILY SEPARATED,
ILR 34150 -
In the case of an annuitant involun-
tarily separated who is reemployed in a
position subject to the retirement law,
HR. 3650 affirms sta,tutorially the pren-
Hee established by civil service regtfn-
tons. The annuity laterminated, retire-
ment contributions are withheld, and
future annuity rights are determined
wider the law in effect upon subsequent
separation.
In the case of an annuitant Involun-
tarily separated who is reemployed in a
Position not -subject to the- retirement
law,, such as a temporary appointment,
H.R. 3650 provides the same terms for re-
employment as those governing- the re-
employment of an annuitant voluntarily
retired. Such a reemployed annuitant
would -continue- to receive his full an-
nuity, but his salary would be reduced by
an amount equal to his annuity allocable
to the period of actual employment. If
such annuitant serves on a full-time
basis for at least 1 year, or on a part-time
basis for periods equivalent to at least
1 year of full-time service, the annuitant
would be entitled to a supplemental an-
nuity based on the period of reemploy-
ment..- If the period of - reemployment
continues for at least 5 years, or the
equivalent of 5 years in the case of -part-
tit n e employment, the annuitant may
elect to deposit in the retirement fund
.an amount computed in accordance with
the provisions of law and have his an-
nuity recomputed on the basis of his total
service, including the period of reenn,
ployment As noted above, under exIet-
ing law the right to a supplemental an-
nuity, or recomputation niter 5 years
of service, extends only to annuitants
whose annuities are based .on voluntary
separations. .
H.R. 3650 also amends existing law to
alter the terms of reemployment for the
following classes of . annuitants: ...--- ?
..A nonmember annuitant reemployed
in a position subject to retirement cov-
erage by Presidential appointment.
, PRESENT LAW
Pay in the reemployment position is
reduced by the amount of annuity alloa
cable to the period of reemployment: No
current retirement deductions are ?Ween
from pay. If the annuitant serves on. a
full-time basis for at least 1 year, 11.6 be-
comes entitled to a supplemental an-
nuity; if the same annuitant continues
to serve on a full-:time basis for at least
5 years, he may elect to deposit in the re-
tirement fund the retirement deductions
which were not withheld from his pay
and , have a complete recomputation?
new retirement rights?of his . annuity.
H.R. 3 1150
Annuity is terminated, Retirement de-
ductions are taken. If subsequent sepa-
ration occurs before the 1 out of last 2
years covered service requirement Is
met,- retirement deductions are re-
- resumed in the same amount. If subse-
quent separation occurs after the -
out of -last 2 years covered service re-
quirement Is met, after reemployment,
annuity is recomputed?new retirement
right. ?
? A member' annuitant who is reem-
ployed by Presidential appointment not
requiring confirmation by the Senate.
? PRESENT LAW .
Annuity continues and the annuitant
also gets f idi 'pay. Such cases have been
rare. If reemployment is subject to re-
tirement -coverage, retirement deduc-
tions are withheld:. from pay and addi-
tional annuity benefits are earned. If
reemployment is not subject to . retire-
ment coverage, retirement deductions
are not withheldeand- no additional an-
nuity benefits are earned.' ? - -- ? ? -
? .Ha. 3.650 .
t Annuity and pay would not be payable
simultaneously and the member annui-
tant would be treated like any-other re-
tired Meniber of Congress_ who now be:-
comes reemployed. -
The .committee is aware that the pro--
visions .of this bill will, affect the allow-
ances for administrative and clerical as-
sistants to Senators and legislative as-
sistance to Senators. Since this legisla-
tion requires that the appropriation ac-
counts must be charged , with the full
salary costs, these allowances must also
be charged with the full amount of the
annual salary of a reemployed aimu-
itant rather than the current practice
of charging the allowances with the net
amount after reduction for the annuity.
However, it is the judgment of the com-
mittee thata this matter should be re-
viewed and considered 'by , the proper
Senate Committee; namely, the Sub-
committee on Legislative Branch Ap-
propriations' of the. Committee 'on, Ap-
propriations inasmuch as that Commit-
tee considers all matters relating- to sen-
atorial allowances.
I urge the Senate to approve H.R. 3.630
and permit the matters relating to sen-
atonal allowances to be-Tesolved by the
appropriate :committee, 3:3 the House
of Representatives report indicates is
also the intent in the other body. -
Is deducted fro
:uary 1 11USI,I.I aaeareateat,
n ali.nui antt obtain his sery-
raM an
cost. II). elict, Se re-
-_ ose a e.n iles bear as ?
0 irdIREINMEMVITair
?a VI
-111nt .a
`11---Tere 4.-MM-71 major purpose of
pending
the
se 'bill vtt,?vides that
in
IC
oni e salaries (Lag.
w2122aire re rees.
e , ill snakes clear the in-
tent ofS:s.1-.c..u.ss wiI reear
rITETruS-61-titeynentnianteetmp o e,
whose -27,17111= an asec
ii _-riiirif617.-7-In separation.
The 7= TMc on reemployed
involuntarily retired annuitants should
be treated. Accordingly, the Civil Service
Commission, in the absence of :specific
statutory language, - has issued regula-
tions governing this class of retirees. The
Commission's regulations apply to two
classes of -employees who retired involun-
tarily: ?
First, an annuitant who retired in- -
voluntarily and is reemployed in a posi-
tion subject to' the civil service retire-T.
xnent
Second, an annuitant who retired in-
voluntarily' and is reemployed in a posi-
tion not subject to the civil service re-
tirement law, such as. a temporary -ap-
pointment. ? ? :-
In the case of the annuitant involun-
tarily retired who Is reemployed in a
position subject to the retirement law,
the regulations provide that:
The annuity is terminated upon reemploy-
men t;
Retirement contributions - are withheld.
from the pay;
Future annuity rights are determined un-
der the law in effect upon subsequent separa-
tion. - ?
In the case of the ammituant Involun-
tarily retired who Is reemployed in a
- ?
ports that:
Fauictment /of IV. 3650 would result hi a
transfer of funds nom re
ant y p us a crest accuse
nmEignOtistr NO. 2163, .
_eftersic don in the Pro-
visions of the bill is in order because of
tne proviSuf trATr=a,1
en
a ?
e e cc ti-se (Tate of e et a. on so the,
I not become e ? ective priar the
aeginning ol fiscalyear19rI. '
The PRESIDM"75771tER. The
amendment will be stated.
The legislative clerk read as follows:
The Sene,ter from Wyoming proposes ail
amendment numbered 2169, -
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41.1e t t el 44 1 YO-2.t.?drA-RDPIe7t1W00144R2641145tiplf-71-
3YRD. Mr. President,
h. page 5, lia , . sort .a ter .'; LAVIO suggestabsence of - a quorum.
Mr. STEVENS. Mr. President, I sug- Mr. TOWER. Mr. President., will the
gest the absence of a quorum. - Senator withhold that?
The PRESIDING OFFICER. The clerk Mr. ROBERT C. BYRD. Yes.
will call the roll. ?_ _Mr. TOWER. I_ wonder If we can get
The second assistant legislative clerk a lineup of the program for the re-
Proceeded to call the roll. - matador of the day and tomorrow.
Mr. MANSFIELD. Mr. President, I ask Mr. ROBERT C. BYRD. I will ask the
unanimous consent that the: order for majority leader..
the quorum call be rescinded. - -
The PRESIDING OFFICER (Mr.
GAser). Without .objection, it is so
tiered._
following: "Or October 1; 197.6, whichever- is
later,". ? "
On pago 5, line 8, atrike out "the date of
Cne enactment of this Act" and insert In lieu
thereof "such date".
On page 5,. line 11, insert after "Act" the
following: "or October 1, 1976, whichever LI
later,".
On page 5, line 12, strike out "the date of
enactment of this Act" 14nd Insert in lieu
thereof "such date".
Mr. McGEE. Mr. President,
rticalit of the ameneh
CW
e, as or ti
on the amen merit. ?
The PRESIDING OFFICER,. The ques-
tion is on agreeing to the amendment.
The arnenclmtut Was azrepel fci
sTEVENS. Mr. President, I am not
going to object to passage of the bill.
This bill does, however, pat the Federal
Government in a different position from
all other employers. Civil service retirees
who go to work in the private sector or
for a State or local government will net
have to make. this contribution. '
In view of the status of the civil serv-
ice retirement fund, it may be a well
meaning proposition to assist in restoring
moneys to that fund for those people
who are given reemployment by the Fed-
end Government. But I do think that
it is going to be a deterrent to some areas
of government which might reemploy
those who are already retired in order
to take advantage of their special skills
and capabilities.
With that reservation, and in view of
the status of the civil service retirement
fund, we do not object to the passage
of the bill.
Mr. McGEE. Mr. President, I suggest
the absence of a quorum, with. the time
to he charged equally against both sides.
The PRESIDING .OFFICER. Without
objection, it Is so ordered.
The clerk will call the roll.
The second assistant legislative clerk
proceeded to call the roll. . Mr. McGEE. McGEE. Mr. ? President, I ask
unanimous consent that the order for the
Quenon call be rescinded. '
The PRESIDING OFFICER. Without
objection, it is so ordered.
The bill is open to further amendment..
If there be no further amendment to be
proposed, the question is on the engross-
ment of the amendment and the third
reading of the bill.
The amendment was ordered to be en-
grossed and the bill to be' read a third
time. ?
The hill was read the third time. ?
The PRESIDING OFFICER. Is all time
yielded back? ? ?
Mr. STEVENS. 'I yield back my time.
Mr. McGEE. I yield back my time.
The PRESIDING OFFICER. The bill
having been read a third time, the ques-
tion is: Shall it pass? ?
The bill cam 3650) was passed, as
amend . ?
. S LEVENS. Mr. President, I move
to reconsider the vote by which the bill
passed.
Mr. McGEE. I move to lay that motion
on the table.
AUTHORIZATION OF PAYMENT
F'ROM SENATE CONTINGENT FUND
Mr. MANSFIELD. Mr. President, I-ask
unanimous consent, under the suggestion
previously made by the leadership, that
the Senate now proceed to the considera-
tion of Calendar No. 080, Senate Resolu-
tion 403.
The PRESIDING- OFFICER. Is there
objection? The Chair hears none, and
It is so ordered. The clerk will state the
resolution by title. -?-?
? The legislative clerk read as 'follows:
A resolution (Senate Resolution 463) au-
thorizing the payment out or the contingent
fund of the Senate of the expenses incurred
by Senator PaC>XMDiE in defending a civil
action brought against him.
?
The Senate proceeded to. consider the
resolution which had been reported from
the Committee on Rules and Administra-
tion with aut amendment:
On page 2, at the beginning of _line 2, in-
reit "in an amount subject to the approval
of the Committee on Rules and Administra-
tion,".
Mr. MANSFIELD. Mr. President,- Task
unanimous consent to suggest the ab-
wince of a quorum without the time
being taken out of either side,
The PRESIDING OFFICER. Without
objection, it is so ordered. The clerk will
call the roll. ?
The second assistant legislative clerk
proceeded to trail the roll.
Mr. ROBERT C. BYRD, Mr. President,
I ask unanimous consent. that the order
for the quorum mil be rescinded.
The PRESIDING OFFICER. Without
objection, it is so .ordered.-
ORDER FOR ADJOURNMIingT UNTIL
9 A.M. TOMORROW
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that when the
Senate completes its business today it
stand in adjournment until the hour of
9 o'clock tomorrow morning,
The PRESIDING OFFICER. Without
objection, it is se ordered.
ORDER FOR THE RECOGNITION OF
SENATOR11.1eCLURE TOMORROW
? Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that after the
two leaders or their designees have been
recognized on tomorrow, Mi. McCenin4 be
recognized for not to exceed L5 minutes.
The PRESIDING OFFICER. Without
objection, it is so ordered.
.. LEGISLATIVE PROGRAM
Mr. MANSFIELD. Mr. President, it is
the intention of the leatteeship to call up
Calendar No. 839, N.E. 12937, on which
there is a time limitation.. The best I
think we can do tonight is to get started.
. Then we have bills to ea-tend the Ex-
port Administration Act of 1969.
Mr. ROBERT C. BYRD. How about
the swine flu bin?
Mr. MANSFIELD.. There is a possibil-
ity that tomorrow we will take up the
bill, Calendar No. 1072, S. 3735, the so-
called swine fin bill, which has been re-
ported from the committee and has been
on the calendar since laat Friday.
We had hoped we could bring up the
military construction bill, but that will
have to go over until after the recess.
hope it will he possible tomorrow to
take up Calendar No. 1063, 8.3737, a bill
to authorize appropriations for purposes
- of making certain grants under the In-
dian Elementary and Secondary Assist-
ance Act, The Senator froze- Arizona (Mr.
.Faoung) has a great interest in that,
So I would say the prospects tomorrow
are very good for taking up a swine flu
bill, that we would continue with the
consideration of the CETA bill, Calendar
No. 839, and other matters as they comb
along, which we will bring to the at-
tention of the Senate at that time..
... Mr. TOWER. Mr. President, will the
Senator yield? Tine Senator intends,
after the consideration of Senate Resolu-
tion 463, we will turn to the considera-
tion of Calendar No. 339, H.R. 12987, the
CETA bill, is that correct?
Mr: MANSFIELD. That is correct.
Mr. TOWER. I thank the Senator.
Mr. MANSFIELD. I would point out
that we have some very important pieces
.of legislation yet to be reported to the
Senate, the rivers- anal harbors bill, the..
revenue-sharing bill, the legislative ap-
propriation bill, and the District of Co-
Itunbia appropriation bin, in addition to
those on the calendar.
ORDER FOR PERIOD FOR TRANS-
ACTION OF ROUTINE MORNING
BUSINESS AND CONSIDERATION
OF N.E. 12987 TOMORROW
Mr. ROBERT C. BYRD. Mr. Presi-
dent, I ask unanimous consent that after
the order for the recognition of Mr. Mc-
Cause tomorrow there be a period for
the transaction of routine morning busi-
ness of not to exceed beyond 15 minutes,
with statements limited therein to 5
minutes each; at the conclusion of which
the Senate will resume consideration of
H.R. 12987, the CETA bill.
The PRESIDING OFFICER. Without
objection, it is so ordered.
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