STATE DEPARTMENT AUTHORIZATION ACT, FISCAL YEARS 1976 AND 1977

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R001100200001-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 35
• Document Creation Date: December 16, 2016
• Document Release Date: April 5, 2005
• Sequence Number: 1
• Publication Date: June 5, 1975
• Content Type: REPORT

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94TH CONGRESS HOUSE OF REPRESENTATIVES 5 REPORT
1st Session No. 94-264
STATE DEPARTMENT AUTHORIZATION ACT, FISCAL
YEARS 1976 AND 1977
JUNE 5, 1975.-Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. HAYS of Ohio, from the Committee on International Relations,
submitted the following
REPORT
[To accompany H.R. 7500]
The Committee on International Relations, to whom was referred
the bill (H.R. 7500) to authorize appropriations for the Department
of State for fiscal years 1976 and 1977, and for other purposes,. having
considered the same, report favorably thereon with an amendment
and recommends that the bill as amended do pass.
PURPOSE OF THE BILL
The principal purpose of H.R. 7500 is to authorize appropriations
for the Department of State to carry out its authorities and responsi-
bilities in the conduct of foreign affairs during fiscal years 1976 and
1977.
BACKGROUND
The bill provides for authorization of appropriations for (a) "Ad-
ministration of Foreign Affairs," which sup orts the operation of the
U.S. diplomatic and consular posts abroad and the Department of
State in the United States; (b) "International Orpnizations and
Conferences," including contributions to meet obligations of the
United States to international organizations pursuant to treaties,
conventions or specific acts of Congress; (c) "International Commis-
sions," which enable the United States to fulfill treaty and other
international obligations; (d) "Educational Exchange," which is a
program administering the cultural and educational exchange activi-
ties of the United States; and (e) "Migration and Refugee Assistance,"
which includes the U.S. annual contribution to the International
Committee of the Red Cross and refugee assistance programs.
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The bill also provides for authorizations of appropriations for
Russian refugee assistance, International Women's Year activities,
and the United Nation's University endowment fund. It addresses
the matters of death gratuity coverage for U.S. consular agents and
representatives to international organizations or commissions, within-
class pay increases for Foreign Service officers and Foreign Service
Reserve officers, and prohibits the development of a machine readable
passport system.
The amendment is as follows:
Page 4, line 24, insert "(a)" immediately after "Sec. 7.", and on
page 5, immediately after line 18, insert the following new subsection :
(b) Such Act is further amended by adding at the end thereof the
following new section :
SEC. 3. After January 1, 1976, there shall be not to exceed
nine delegates from the House of Representatives to each
Conference of the Interparliamentary Union, such delegates
to be appointed by the Speaker of the House of Representa-
tives. Not more than five delegates from the House of
:Representatives to any such Conference may be of the same
political party.
COMMITTEE ACTION
Executive Communication No. 383, dated February 20, 1975, from
the Acting Assistant Secretary of State for Congressional Relations
to the Speaker of the House of Representatives, included draft legis-
lation that would authorize appropriations for the Department of
State to carry out its authorities and responsibilities in the conduct
of foreign affairs during fiscal years 1976 and 1977. The letter and its
attachments which may be cited as the "State Department Authori-
zation Act, fiscal years 1976 and 1977" were referred to the Subcom-
mittee on International Operations of which Hon. Wayne L. Hays
is chairman. Hearings were held on April 15 and 21, 1975. Principal
witnesses from the Department of State included Hon. Robert S.
Ingersoll, Deputy Secretary of State; Hon. John M. Thomas, Assistant
Secretary of State for Administration; and Don C. Eller, Director,
]Budget Planning and Presentation, Department of State.
Each provision of this proposed legislation was examined by the
subcommittee. The subcommittee met on April 29, May 5, and 12
of 1975 to consider the draft legislation which it revised and. by
unanimous consent ordered it reported to the full committee. On
June 2, 1975, the chairman of the subcommittee introduced the
measure H.R. 7500. The committee considered the bill on June 5,
1975, and by voice vote unanimously ordered it reported to the
House.
The committee estimates that the cost of carrying out the provisions
of the bill during fiscal year 1976 will be approximately $873,215,000.
his figure includes $444,204,000 for the "Administration of Foreign
Affairs," $289,918,000 for "International Organizations and Con-
ferences," $19,993,000 for "International Commissions," $89 million
for "Educational Exchange," $10,100,000 for Migration and Refugee
Assistance, and such' amounts as may be necessary for increases in
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salary, pay, retirement and other employee benefits authorized by
law, and for other nondiscretionary costs. The bill also authorizes
$20 million for Russian refugee assistance. The total dollar increase
over the fiscal year 1975 appropriation to the Department of State
for purposes referred to in this report is $96,511,000. This figure
takes into account both wage and price increases and exchange rate
fluctuations. In addition, the bill authorizes to be appropriated, upon
request of the President of the United States, to the President for
Ilscal year 1977, $20 million to be used for a contribution of the
United States to the United Nations University Endowment Fund.
:COMPARATIVE DATA FISCAL YEARS 1975-76
lin thousands of dollarsl
Appropriations
for fiscal
year 19751
Administration of foreign affairs:
370, 653
Salaries and expenses --------------------------------- ___
-
655
0
-
'Representation allowances _________________.-----------------
,
100
Emergencies in the diplomatic and eonsular service_______________
Payment to Foreign Service retirement end disability fund ..........
21, 955
6,355
Total -----------------------------------------------------396,093 423,405
international organizations aniconferences:
Contributions to international organizations ----------------------- 203, 903 245, 707 242,986
Contributions to international peacekeeping activities -------------- 34,495 29,400 29,400
- Missions to international organizations___________________________ 7,008 8,696 9,096
International conferences and contingencies _______________7,540 5,840 5,840
International trade negotiations--------------------------------- 1,900 2,596 2, 596
-------------------------------------- -----
--
Total
254,846
-
--
International commissions:
International Boundary and Water Commission, United States and
Mexico:
4,952
Salaries and expenses____________------------------
231
6
Construction -------------------------------------------
,
Subtotal --------------------------------
--
11, 183
379
1
American sections, international camntistions--------------
International fisheries commissions______________________________
,
4,060
-------------------------------------
Total
16,622
--
Educational exchange:
Mutual educational and cultural exchange activities______________
n East and
t
B
53,300
wee
e
Center for Cultural and Technical Interchange
7 400
--------------------------
West -------------------- --
United States-Japan friendship activities (foreign currency pro-
gram)---------------------------------------------------
_
Total ---------------------------------------------------60,700
Migration and refugee assistance____________________________________
8,443
000
40
Assistance to Soviet refugees_______________________________________
,
Grand total------------------------------------------------
776,704
Authorization
request for Committee
fiscal year recom-
1976 mendation
413,00 433, 999
3, 50 3,750
1,150 2,100
292,239 289,918
5, 322 5, 322
8 365 8,365
13,687 13,687
1,576 1,576
4,730 4,730
19,993 19,993
65,000 65,000
9,000 9,000
15, 000 15, 000
80,000 89,000
10, 100 10,100
-------- 20,000
834,737 873,215
SECTION-13Y-SECTION ANALYSIS
Section 2(a)
This section provides an authorization of appropriations for the
Department of State in accordance with the provisions of section
407(a) (2) of the Foreign Assistance Act of 1971. Funds are authorized
to be appropriated for the fiscal years 1976 and 1977.
This section contains the authorizations for appropriations by
category for fiscal year 1976 and for overall necessary funds for 1977.
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This section is similar to section 2 of Public Law 93-475, except for
the amounts. This bill excludes authorization of appropriations for
the acquisition, operation and maintenance of buildings abroad which
is being submitted as separate legislation.
Paragraph (1) authorizes appropriations under the heading "Ad-
ministration of Foreign Affairs" to provide the necessary funds for
the salaries, expenses, and allowances of officers and employees of the
Department, both in the United States and abroad. This provides
funds for executive direction and policy formulation, conduct of
diplomatic and consular relations with foreign countries, conduct of
diplomatic relations with international organizations, support of joint
cooperative commissions, domestic public information activities,
central program services, and administrative and staff activities.
These funds also finance the salaries and operating expenses of
the U.S. Missions to the North Atlantic Treaty Organization, the
Organization for Economic Cooperation and Development and the
staff responsible for administering the Mutual Defense Assistance
Control Act and the military assistance and arms sales supervision
activity. This section also provides funds for relief and repatriation
loans to U.S. citizens abroad and for other emergencies in the diplo-
matic and consular service. Payments to the Foreign Service Retire-
ment and Disability Fund are included in this category. There is also
under this heading an authorization for an appropriation of $450,000
for International Women's Year activities.
Paragraph (2) authorizes appropriations under the heading "In-
ternational Organizations and Conferences". This category provides
the necessary funds for United States contributions of our assessed
share of the expenses of the United Nations, its specialized agencies
and the International Atomic Energy Agency, 6 Inter-American
organizations, 6 regional organizations and 17 other international
organizations. The U.S. membership in these organizations, which
has been authorized by treaties, conventions, or specific Acts of
Congress, constitutes an obligation for payment,of our assessed share
of these budgets pursuant to the basic statutes or constitutions of
the international agencies. However, the committee refused to author-
ize appropriations to meet the U.S. prior year (fiscal year 1974)
assessment ($2,721,852) to the United Nations Educational, Scientific
and Cultural Organization.
Funds are authorized for the operation of missions which repre-
sent the United States at the headquarters of certain international
organizations. These missions maintain liaison with the international
secretariats and with the delegations of other member governments
at these organizations' headquarters. The expenses of congressional
delegations to international parliamentary meetings are included in
this category.
Provision is also made in this section for the funding of official
U.S. Government participation in regularly scheduled or planned
multilateral intergovernmental conferences, meetings and related
activities, including international trade negotiations, and for con-
tributions to new or provisional organizations. This also authorizes
appropriations for U.S. contributions to international peacekeeping
activities in accordance with international multilateral agreements.
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The authorization of appropriations requested includes the U.S.
contribution to the International Commission of Control and Super-
vision in Vietnam and the U.N. Force in Cyprus.
Para gra h (3) authorizes appropriations under the heading "Inter-
national Commissions" which provides funds to enable the United
States to fulfill its treaty and other international obligations with
Mexico and Canada. This includes the expenses of the American
Section of the International Boundary and Water Commission,
United States and Mexico as well as project investigations and con-
struction on the United States-Mexico boundary.
The authorization of funds for American Sections, International
Commissions, in accordance with existing treaties, for expenses of the
American Section of the International Boundary Commission and the
International Joint Commission is provided under this paragraph.
These two Commissions are concerned respectively with the main-
tenance of the United States-Canadian border and with environmental
and other joint problems involving the United States and Canada.
Appropriations are also authorized for expenses, including contribu-
tions, to enable the United States to meet its obligations in connection
with participation in international fisheries commissions pursuant to
treaties, conventions, and implementing acts of Congress.
Paragraph (4) authorizes appropriations under the heading "Educa-
tional Exchange" to provide funds to enable the Secretary of State to
carry out his functions under the provisions of the Mutual Educational.
and Cultural Exchange Act of 1961, as amended, and the act of
August 9, 1939. These funds provide for flue educational and cultural
program of the Department of State, including the exchange of persons,
aid to American-sponsored schools abroad, and cultural presentations.
This authorization also enables the Secretary of State, through a grant
to the State of Hawaii, to carry out the provisions of the act of 1960
establishing a Center for Cultural and Technical Interchange Between
East and West. The Center provides grants, fellowships and scholar-
ships to qualified persons from Asia, the Pacific area, and the United
States who work jointly on problems of mutual concerns.
This paragraph also authorizes an appropriation of U.S.-owned
Japanese currency earmarked in a special account to strengthen
Japanese and American cultural relations. This will fulfill article V of
the 1962 agreement between the United States and Japan and will
reciprocate for the gift of the Japanese Government made in 1973 to
American educational institutions.
Paragraph (5) authorizes appropriation under the heading "Migra-
tion and Refugee Assistance" to enable the Secretary of State to
provide assistance to migrants and refugees. This assistance is rendered
through (a) contributions to multilateral organizations such as the
Intergovernmental Committee for European Migration and the
United Nations High Commissioner for Refugees and (b) unilateral
assistance to refugees designated by the President, as authorized by
law. Included also is an authorization of funds for a contribution to the
International Committee of the Red Cross pursuant to existing
legislation.
Paragraph (6) provides authorization of appropriations for increases
in salary, pay, retirement and other employee benefits as authorized
by law which occur from time to time. The occurrence is usually at an
inappropriate time for requesting authorization and appropriation
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through the regular annual cycle. This further provides authorization
of appropriations to meet mandatory items which were unanticipated
and which have a material impact upon the operations and fiscal
resources of the Department of State and the Foreign Service. This
authorization would permit more rapid and responsive action to meet
increased costs resulting from overseas wage and price increases and
adverse currency exchange fluctuations.
Section 2(b)
This section provides authorization of amoun ?s for fiscal year 1977
necessary to support the activities described in the paragraphs of
Section 2 (a). This is in keeping with the provisions of the Congressional
Budget and Impoundment Control Act of 1974 requiring advance
fiscal year authorization of appropriations. (Public Law 93-344).
Section 2(c)
This section provides the customary extension of availability of
funds beyond the end of the fiscal year, to the extent provided for in
appropriation acts. This applies to such appropriations of the Depart-
ment as "International Boundary and Water Commission, United
States and Mexico-Construction", and "Migration and Refugee
Assistance". This authority is required to enable the Departmeht to
retain funds appropriated for construction projects, the completion
of which extends beyond a single fiscal year, and to enable the Depart-
ment to meet completely the calendar year program needs for migra-
tion and refugee assistance.
Section 3
This section provides that any unused, i.e., unappropriated authori-
zation for any, category may be transferred to any other category.
The amount to be transferred may not exceed 10 percent of the cate-
gory's original authorized amount. This will permit flexibility in the
management of our financial resources and in being able to respond
rapidly to urgent, mandatory increased needs.
Section 4
This section provides authorization of appropriations to assist in
funding the expenses of maintaining the living quarters of the U.S.
Representative to the Organization of American States. As an
Ambassador with responsibilities and duties for meeting and negotiat-
ing with members of the diplomatic corps and representatives of
international organizations, it is essential for him to have and maintain
appropriate housing.
Section 5 (a)
This paragraph provides authorization of appropriations for
payments of the U.S.' assessed share of the calendar year 1974 budget
of the International Civil Aviation Organization.
Section 5(b)
This paragraph provides authorization for U.S. contributions
to international peacekeeping activities to exceed the 25 percent
limitation (Public Law 92-544) and 33/1'3 percent limitation (Public
Law 82-495) placed on contributions to the United Nations or any
affiliated agency. This exception will enable the United States to
negotiate participation in international peacekeeping activities with
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the fullest strength and influence; and to meet the necessary obliga-
tions incurred concomitant with our leadership in international affairs
and support for multilateral peace activities.
Section 6
This section authorizes an increase in the limitation placed on the.
Rio Grande canalization project by $1,500,000. This is necessary to
permit improvements in the canalization project which are expected
to be met by requested increases in the 1976 and 1977 budgets.
Section 7
This section provides authorization of appropriations for funds to
meet the U.S. contributions towards the maintenance of the Bureau.
of the Interparliamentary Union which promotes international arbi-
tration and to meet the expenses of the American group of the Inter-
parliamentary Union.
Section 8
This section would provide perfecting amendments for section 576
of part H of title V of the perfecting Service Act. This section was-
added by Public Law 93-475, the State Department/USIA Authoriza-
tion Act, Fiscal Year 1975 and authorizes assignments of. Foreign.
Service officers to certain public organizations in. the United States
including the Congress.
This program is designed to provide additional opportunities to
participants to gain experience in local problems and viewpoints
throughout the United States and to contribute to an understanding
of foreign affairs at the "grass roots" level.
The recasting of this section would provide. the following benefits:.
(I} Allow afiexible number of pfla,ecrs to be assigned to. this
program. in keeping with the needs of the Service;
(2) Permit assignments to be made any time before the. 1:5th
year of service rather than just between the 8th and 15th years;
(3) Permit assignments to Puerto Rico, territories and pos-
sessions of the United States as well as the continental portions of
the United States;
(4) Authorize assignments for longer' than 12, months if
necessary' and permit the department the option of accepting
reimbursement from the organizations to which officers are
assigned ;
(5) Permit a statement of preference concerning the type of
public organization to which the officer would be assigned as
well as ellmmating the bar to stating a preference for geographic
locati9n; and
(6) Allow that the time served in a public organization be
counted towards selection. out. This. would put this, assignment
on a equal footing with all other Foreign Service assignments
including those to educational institutions and other U.S.
Government agencies in all parts of the United States.
Eliminating the restriction in part (b) of section 9 of Public Law
93-475 would permit eligibility for all officers with less than 15 years
of service for participation in assignments to public organizations.
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Section 9
This section broadens the death gratuity coverage of the Act
entitled "An Act to Provide Certain Basic Authority for the Depart-
ment of State" approved August 1, 1956, to include American nationals
serving as consular agents or representatives to an international
organization or commission.
Section 10
This section authorizes a change in the effective date of within-class
pay increasesfor Foreign Service officers and Foreign Service Reserve
officers to the first day of the first pay period that begins in July from
the first day of each fiscal year. and gives credit toward initial Foreign
Service officer and Reserve officer within-class increases for prior
Federal Service when an equivalent increase has not been received
upon transfer from another pay category. The change in the effective
date of increases would eliminate the administrative cost of making
mid-pay period salary adjustments. It would also prevent the un-
intended 3-month delay of such increases in 1976 that would otherwise
occur because of the change in the beginning of fiscal years, from
July 1 to October 1 scheduled in 1976.
Section 11
This section eliminates the requirement that all Foreign Service
Officers must reexecute affidavits concerning bribery, loyalty and
striking against the Government following each promotion. Collecting,
processing and preserving the affidavits creates' costly administrative
problems. In addition, salary may not be paid`at the new rate after
promotion unless a new affidavit is executed. The. imminent consolida-
tion of the Department's automated personnel and payroll systems
heightens the need to eliminate the requirement for reexecution of the
affidavits at this time. If it is not done, expensive and unproductive
computer programing will be required.
Section 12
This section prohibits the use of funds authorized to be appropriated
by this act to be used for the development or implementation of the
Travel Document and Issuance System which has been proposed by
the U.S. Passport Office, the issuance of machine readable passport
books, or of any other new passport system.
Section 13
This section will increase to $25 million from $10 million the
amount which may be made available from Foreign Assistance funds
by Presidential determination for refugee assistance. This increase in
availability of funds is being requested because of the growing number
of worldwide refugee situations, the rising costs of assistance which
have eroded the quantity and quality of relief that can be provided
within the present $10 million limitation and to provide greater
administration flexibility in meeting new, emergency situations.
Section 14
In view of the declining rate of refugees cording from the Soviet
Union and other Communist countries in eastern Europe, this section
reduces from $40 to $20 million the amount available to the Secretary
of State for assistance purposes in these areas. This section also places
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a ceiling upon the per centum of the amount appropriate by this act
that may be used to resettle refugees in any country other than Israel.
Section 15
This section authorizes to the President of the United States,
should he request it, an appropriation to be. used for a contribution of
the United States to the U.N. University Endowment Fund. It also
places a per centum ceiling on the U.S. contribution to this fund.
Durinits consideration of this legislation, the subcommittee
heard the-'following testimony:
STATEMENT OF DR. CARL MARCY, COUNCIL FOR A LIVABLE
WORLD.
Mr. MARCCY. I am here to represent the United Nations
University with headquarters in Tokyo. I think several
Members of this Subcommittee were at the General Assembly
in 1973 at which time there was a proposal to create a UN
University. The U.S. delegation was not very happy with
the proposal but after some amendments had been intro-
duced, the U.S. did vote for creation of such a university
with the understanding we were voting for it in principle
but not as to funding.
What I have submitted to Members of the Committee
is a proposed amendment to the bill for State Department
authorization. The reason we believe the Subcommittee
should give favorable consideration to this is as follows:
There have been very significant developments which have
taken place since 1973. Perhaps the most significant is the
Rector of the University turn out to be an American, Mr.
James Hester, President of NYU for several years. The
Japanese Government has already agreed to put up a $100
million as an endowment for the university. Developments
within the past few weeks in Vietnam have made it necessary
for the U.S. to take a fresh view at its relations with that
particular part of the world.
The Department of State considered asking for this $50
million authorization this year. It is our understanding with
a good deal of back and forth that the Office of Management
and Budget prevailed and I must say I agree with others that
this is no time to be adding $50 million to the 1976 budget of
the U.S.
I tried to take that into consideration in drafting the
amendment before you. I would like to bring to your atten-
tion the authorization is for an appropriation to the President
of $50 million to be used as the U.S. contribution to the
endowment fund of the university. I direct particular atten-
tion to the provisos.
First, no funds for this purpose are to be appropriated prior
to fiscal '77. So there will be no budgetary burden this year
or in 1976. But notice is served that when the 1977 budget is,
prepared the Administration should have in mind very
seriously how to include the U.S. contribution to this
university.
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The second proviso also limits the budgetary impact. Even
after 1977 the contribution of the U.S. is not to exceed $20
million in any fiscal year. Furthermore, appropriations are
not to be made then unless account has been taken of recom-
mendations by the President of the U.S. based upon the then
budgetary situation of the U.S. Consideration must then
also be given to contributions made by other members of the
United Nations to the endowment fund and finally, the
President must make a judgment as to whether the univer-
sity is in fact coming up to the standards of excellence which
its charter sets forth.
Finally, there is a provision that under no circumstances
should the contributions of the U.S. exceed 25 percent of
funds promised or actually contributed by other members of
the United Nations. That limitation is consistent with other
provisio1 s of law. You will recall in the past the U.S. used
to contribute up to 33;srd percent but there is a limitation
now to 25 percent.
In closing my argument, it occurs to vie, this kind of
action by this Committee will show congressional initiative.
I certainly would oppose this amount if it were for $50
million for increasing the size of our rnilitar}- bases in Japan
but I tllink the $50 million devoted to a university of this
type would be a very valuable thing. In the Bays-Fulbright
bill, as it is known as House side, and on the Senate side, the
Fulbright-Hays Act, emphasize,: the importance of some of
the.non-military aspects of the role of the U.S. Government
in. foreign policy and the direction it ought to take. I think
the u S, has always been recognized as a Government and
society which makes a great deal about academic freedom
and these things are written in the charter.
STATEMENT REQUIRED BY RULE XI(l)(3) OF HOUSE RULES
Pursuant to the requirements of Rule XI(l) (3) of the Rules of the
House of Representatives, the following statements are made:
(A) Oversight findings and recommendations: The essential task of the
Department of State during the current period of international
instability and change is to maintain a maximum rate of efficiency
and effectiveness.Tlre committee finds the Department is pursuing
that objective.
(B) Congressional Budget Act, section 803(a) requirement: This bill
provides for no new budget authority and increased tax expenditures.
(C) Congressional Bud, et Office estimate and comparison: No estimate
and comparison prepared' by the Director of the Congressional Budget
Office under section 403 of the Congressional Budget Act of 1974 has
been received by the Committee.
(D) Committee on Government Operations summary: No oversight
findings and recommendations have been received which relate to this
measure from the Committee on Government Operations under
clause 2(b)(2) of Rule X.
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INFLATIONARY IMPACT STATEMENT
The bill would not have any identifiable inflationary impact. On
the contrary, figures contained in the bill reflect an existing average
worldwide inflation rate of approximately 18.8 percent.
CHANGES IN EXISTING LAW MADE BY TIIE BILL, As REPORTED
In compliance with clause 3 of Rule XIII of the Rules of the House
of Representatives, changes in existing law made by the bill, as re-
ported, are shown as follows (existing law proposed to be omitted is
enclosed in black brackets, new matter is printed in italics, existing
law in which no change is proposed is shown in roman) :
ACT OF AUGUST 1, 1956
AN ACT To provide certain basic authority for the Department of State
Sic. 14. (a) * * *
* * * * * *
(d) As used in this section--
(1) the term "Foreign Service employee" means any national
of the United States who is a chief of mission, a Foreign Service
officer, a Foreign Service information officer, a Foreign Service
Reserve officer of limited or unlimited tenure, [or] a Foreign
Service staff officer or employee, a consular agent, or a United
States representative to an international organization or commission;
(2) each of the terms "widow," "widower," "child," and
"parent" shall have the same. meaning given each such term by
section 8101 of title 5, United States Code; and
(`3) the term "United States" means the several States and the
District of Columbia.
* * * * * * *
SEC. 17. The Secretary of State is authorized to use appropriated
funds to defray unusual expenses incident to the operation and mainte-
nance of the lining quarters of the United States Representative to the
Organization of American States to the extent that such expenses are
similar to the unusual expenses incident to the operation and maintenance
of official residences in foreign countries which may be defrayed under
section 5913(b) of title 5, United States Code.
ACT OF JUNE 4, 1936
AN ACT Authorizing construction, operation, and maintenance of Rio Grande
canalization project and authorizing appropriation for that purpose
* * * * * * *
SEC. 2. There is authorized to be appropriated the sum of [$3,000,-
000] $4,500,000 for the purposes of carrying out the provisions of
section 1 hereof, other than for operation and maintenance, including
salaries and wages, fees for professional services; rents; travel expenses;
per diem in lieu of actual subsistence; printing and binding, law books,
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12
and books of reference: Provided, That the amount herein authorized
to be appropriated shall include so much as may be necessary for
completion of construction of the diversion clam in the Rio Grande
wholly in the United States, in addition to the $1,000,000 authorized
to be appropriated for this purpose by the Act of August 29, 1935
(49 Stat. 961): Provided further, That the total cost of construction
of said diversion dam and canalization works shall not exceed
[$4,000,000] $5,500,000: Provided further, That the provisions of
section 3709 of the Revised Statutes (U.S.C., title 41, sec. 5) shall not
apply to any purchase made or service procured when the aggregate
amount involved is $100 or less; purchase, exchange, maintenance,
repair and operation of motor-propelled pasmenger- and freight-
carrying vehicles; hire with or without personal services, of work
animals and animal-drawn and motor-propelled vehicles and equip-
ment; acquisition by donation, condemnation, or purchase of real and
personal property; transportation (including drayage) of personal
effects of employees upon change of station; telephone, telegraphic, and
airmail communication; rubber boots for official use by employees; ice;
equipment, services, supplies, and materials and other such miscel-
laneous expenses as the Secretary of State may deem necessary
properly to carry out the provisions of the Act: And provided further,
That any part of any appropriation made hereunder may be trans-
ferred to, for direct expenditure by, the Department of the Interior
pursuant to such arrangements therefor as may be from time to time
effected between the Secretary of State and the Secretary of the
Interior, or as directed by the President of the United States.
ACT OF JUNE 28, 1935
AN ACT To authorize participation by the United States in the
Interparliamentary Union
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, [That an appropriation of
$120,000 annually is authorized, $75,000 of which shall be for the
annual contributions of the United States toward the maintenance
of the Bureau of the Interparliamentary Union for the promotion
of international arbitration; and $26,900, or so much thereof as may be
necessary, to assist in meeting the expenses of the American group of
the Interparliamentary Union for each fiscal year for which an ap-
propriation is made, such appropriation to be disbursed on vouchers
to be approved by the President and the executive secretary of the
American group.] That there is authorized to be appropriated for fiscal
year 1976 and for each subsequent fiscal year-
(1) for the annual contribution of the United States toward the
maintenance of the Bureau of the Interparliamentary Union for
the promotion of international arbitration, an amount equal to
13.61 per centum of the budget of the Interparliamentary Union for
the year with respect to which such contribution is to be made if the
American group of the Interparliamentary Union has approved
such budget; and
(2) to assist in meeting the expenses of the American group for
such fiscal year, $45,000, or so much thereof as may be necessary.
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Funds made available under paragraph (2) shall be disbursed on vouchers
to be approved by the president and the executive secretary of the American
group.
SEc. 2. That the American group of the Interparliamentary Union
shall submit to the Congress a report for each fiscal year for which an
appropriation is made, including its expenditures under such appro-
priation.
SEc. 3.A fter January 1, 1976, there shall be not to exceed nine delegates
from the House of Representatives to each Conference of the Interparlia-
mentary Union, such delegates to be appointed by the Speaker of the House
of Representatives. Not more than five delegates from the House of Rep-
resentatives to any such Conference may be of the same political party.
FOREIGN SERVICE ACT Or, 1946
TITLE V-APPOINTMENTS AND ASSIGNMENTS
[Svc. 576. (a) Not less than fifty Foreign Service officers shall,
between. their eighth and fifteenth years of service as such officers, be
assigned in the continental United States during each fiscal year for
significant duty with State or local governments, public schools, com-
munity colleges, or other public organizations designated by the Sec-
retary. Such assignment shall be for twelve consecutive months. Each
such Foreign Service officer shall be entitled to state a preference with
respect to the type of public organization to which he would like to be
assigned but may not state a preference with respect to the geo-
graphical location to which he would like to be assigned.]
SEc. 576. (a) A substantial number of Foreign Service officers shall,
before their fifteenth year of service as such officers, be assigned in the
United States during each fiscal year for significant duty with the Congress,
State or local governments, public schools, community colleges, or other
public organizations designated by the Secretary. To the extent practical
such assignments shall be for at least 12 consecutive months and may be
on a reimbursable basis.
(b) A Foreign Service officer on assignment under this section shall
be deemed to be on detail to a regular work assignment in the Service,
and the officer remains an employee of the Department while so
assigned. [However, any period of time an officer is assigned under
this section shall not be included as part of any period that the officer
has remained in a class for purposes of determining whether he is to
be selected out under section 633 of this Act, or regulations promul-
gated pursuant thereto. The salary of the officer shall be paid from
appropriations made available for the payment of salaries of officers
and employees of the Service.]
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TITLE VI-PERSONNEL ADMINISTRATION
PART C-PROMOTION OF FOREIGN SERVICE OFFICERS AND
FOREIGN SERVICE RESERVE OFFICERS
PROMOTION OF FOREIGN SERVICE OFFICERS BY SELECTION
SEC. 621. All promotions of Foreign Service- officers shall be made
by the President, in accordance with such regulations as he may pre-
scribe by appointment to a higher class, by and with the advice and
consent of the Senate. Promotion shall be by selection on the basis
of merit. The affidavit requirements of sections 3332 and 3333(a) of
title 5 of the United States Code shall not apply with respect to a Foreign
Service officer who has complied with such regidrements and who is
subsequently promoted by appointment to a higher class without a break
in service.
WITHIN-CLASS SALARY INCREASES OF FOREIGN SERVICE
OFFICERS AND RESERVE OFFICERS
[SEC. 625. Any Foreign Service officer or any Reserve officer,
whose services meet the standards required for the efficient conduct
of the work of the Service and who shall have been in a given class
for a continuous period of nine months or more, shall, on the first day
of each fiscal year, receive an increase in salary to the next higher rate
for the class in which he is serving. Without regard to any other law,
the Secretary is authorized to grant to any such officer additional in-
creases in salary, within the salary range established for the class in
which he is serving, based upon especially meritorious service.]
SEC. 625. (a) Any Foreign Service officer or any Reserve officer, whose
services meet the standards required for the efficient conduct of the work
of the Service and who shall have been in a given class for a continuous
period of nine months or more, shall, on the first day of the first pay period
that begins on or after July 1 each year, receive an increase in salary to
the next higher rate for the class in which such officer is serving. Credit
toward such nine-month period may be granted to an officer in accordance
with such regulations as the Secretary may prescribe for any civilian
service of such officer with the Government or with. the government of the
District of Columbia which was performed subsequent to any break in
service in excess of three calendar days and subsequent to the officer's
last equivalent increase in pay. As used in this subsection, the term
"equivalent increase in pay" means-
(1) any increase in basic salary resulting from-
(A) a grade or class promotion,
(B) a regularly scheduled within-grade or within-class step
increase, or
(C) a salary adjustment or combination of adjustments-
(i) made since the lost equivalent increase in pay,:
(ii) resulting from conversion from one pay system to
another, and
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(iii) equal to or greater than the amount of the within-
class increase for the class to which the officer was ap-
pointed; or
(2) such, other increases in salary as the Secretary may by regu-
lation designate;
but does not include any general increase in salary granted by law or
any within-grade or within-class increase in salary awarded for meri-
torious Without performance.
(b) regard to any other law, the Secretary is authorized to
grant to any Foreign Service officer or any Reserve officer additional
increases in salary, within the salary range established for the class in
which such officer is serving, based upon especially meritorious service.
SECTION 9 OF THE STATE DEPARTMENT/USIA AUTHORIZATION
ACT, FISCAL YEAR 1975
SEC. 9. (a) * * *
[(b) The amendment made by subsection (a) of this section shall
apply only to a Foreign Service officer who completes his eighth year
of service as such an officer on or after the date of enactment of this
Act.]
AN ACT To enable the United States to participate in the assistance rendered
to certain migrants and refugees
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That this Act may be cited
as the "Migration and Refugee Assistance Act of 1962".
SEC. 2. (a) * *
(c) Whenever the President determines it to be important to the
national interest, not exceeding [$10,000,000] $25,000,000 in any
fiscal year of the funds made available for use under the Foreign Assist-
ance Act of 1961, as amended, in ay be transferred to, and consolidated
with, funds made available for this Act in order to meet unexpected
urgent refugee and migration needs.
* * * * * * *
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 El Li NCLASSIFI provea
or US IRqM4 2005/04/13: C'IA'-'RD F-} MWgf4R6df M200001-0 SECRET
ROUTING AND RECORD SHEET
TO: (Officer designation, room number, and
building)
DATE
FORWARDED
RECEIVED F FORWARDED
0
30 July 1975
Attached for your information
is the Senate debate surrounding
its approval, of H.R. 1559.
Title 2 of that bill grants auto--
rn"atic cost-of-living increases
to members of Congress, Federal
judges, and top level Federal
executives. Today the House
completed action by rushing
through approval of Title 2,
which the Senate had attached to
the original House bill on
Tuesday.
TAT
George L. Lary
egislative Counsel
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3-62 U 0 EDITIONS
FORM 61 0 USE PREVIOUS ? SECRET El CONFIDENTIAL El USEE O N Y [1 UNCLASSIFIFD
 July 2' 9, 1975 CONGRESSIONAL, RECORD- SENATE S 14219
The PRESIDING O e1ifft1tRel/ll'~ Orb the Congress
objection, it is so orcle a i~t atoor rom yomxng is rec iii' ~ wo of ifib~e
Mr. {MONTOYA. Mr. President, I ask Mr. McGEE. Mr. President, what we The Director of the Bureau of the
h
unanimous consent that the Secretary
of the Senate be authorized to make
technical and clerical corrections in the
engrossment of the Senate amendment to
H.R.5247.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. MONTOYA. Mr. President, I have
commended my colleagues on the Public
Works committee for the nonpartisan
spirit that prevailed during considera-
tion of the bill, and for their generosity
and assistance. Especially, I wish to
thank Senator MCCLURE, ranking mi-
nority member oi< the subcommittee,
and our chairman, Senator RANDOLPH.
I wish also to thank the staff-both
majority and minority-for their crea-
tiveness, diligence, and hard work dur-
ing the long weeks we have had this
bill under consideration.
The PRESIDING OFFICER. Will the
Senators take their seats. The Senate will
be in order. The Senators will clear the
well. Senators will take their seats. All
Senators will take their seats. Senators
wishing to converse will kindly withdraw
to the cloakrooms. All Senators will take
POSTAL SERVICE COMPLIANCE
WITH THE OCCUPATIONAL SAFE-
TY AND HEALTH ACT
Mr. ROBERT C. BYRD. Mr. President,
in accordance with the order entered
earlier today, I ask that the Chair lay
before the Senate H.R. 2559.
The PRESIDING OFFICER. Without
objection, the clerk will state the bill by
title.
The assistant legislative clerk read as
follows:
A bill (H.R. 2559) to amend title 39, United
States Code, to apply to the United States
Postal Service certain provisions of law pro-
viding for Federal agency safety programs
and responsibilities, and for other purposes.
ues-
The PRESIDING OFFICER The
q
.tion is on agreeing to the amendment of
lthe Senator from Alabama.
Mr. ALLEN. Mr. President, I imagine
=that the manager of the bill would like
to make a short statement before my
amendment comes up.
The PRESIDING OFFICER. The
amendment is the pending question.
Mr. McGEE. If the amendment of
the--
Mr. ALLEN. I call for the yeas and
nays.
I will not, I do not call for the yeas
and nays at this time.
I want to modify the amendment.
Mr. McGEE. Mr. President-
The PRESIDING OFFICER. The Sen-
ator from Wyoming.
Mr. McGEE. Mr. President, I would be
glad to have the Senator from Alabama
proceed, but I have a 3- or 4-minute
kind of opening statement to catch up
with where we left off last night, if that
Is agreeable.
Mr. ALLEN. Yes, sir,
have presented. here. to the Senate is a
result of, actually, 4 months of negotia-
tions, give or take, with the President
himself, with the Chief Justice of the
United States, with the leadership in this
Chamber on both sides of the aisle, and
with our colleagues in the House, and
we have arrived at the only common de-
nominator that all of these elements be-
lieve is essential at this time, and that
is a change, a reform really, in the
mechanism for achieving pay compara-
bility-to put an end to the catch-up
game in cost of living.
In that measure, to try to accommo-
date Federal employees in their pay
scale in relation to the private sector,
a formula was structured through the
Congress to provide for an agent report-
ing to the President to report on their
estimate of what had happened to af-
fect the cost of living in a 12-month
period and to report to the President
that spread, if there was one. At which
point, the President was required either
to accept his agent's recommendation
without any action, in which case it
would go into eff ect October 1 each year,
or to suggest an alternative estimate or
percentage, and, if the Congress did not
like that, the Congress itself could alter
it and agree to the agent's recommenda-
tion.
Lei, me illus:rate, this year the Presi-
dent's agent has indicated that in their
study the increase in the cost of living
since last October 1 amounts to approxi-
mately 8.6 percent. On the report they
will submit to President Ford, the Presi-
dent has announced that be has not de-
cided. firmly whether to accept that 8.6,
but he indicates that he may end up at
around 5 percent as his recommendation
for the statutory employees in the Fed-
eral Government.
Now, that is the formula as it operates
at the present rime.
The committee amendment to that
formula simply puts into this formula
that groups of Federal officers and em-
ployees not included..
Those groups are these, all of the judi-
ciary branch of the Government, Federal
judges; the legislative branch, the House
and the Senate; the Cabinet and sub-
Cabinet officials of the Executive Sched-
ule; and in addition, any--for example,
the military, as the Senator from Vir-
ginia raised the point last night-who
were affected by the $36,000 ceiling
which had been imposed under the origi-
nal legislation, and that, involves, actu-
ally, 600 general officers out of the total.
There are approximately 10,000 in-
volved here in the super-grades, who
would no longer have a $26,000 ceiling,
and the rest of the individuals involved,
in very much smaller numbers, would be
the Federal judiciary and the two Houses
of the Congress.
I quote from. President Ford's letter to
its on this in which the President says
that this is a necessary step at this time.
The President adds that the cost of tak-
ing this step is but a fraction of the Fed-
eral payroll.
is in
Budget, Jim Lynn, has protected t
his budget projection. in order to accom-
modate the President's wishes. He has
worked very closely with us at the same
time.
Finally, the letter to the chairman and
ranking Member of the Senate Post Of-
fice and Civil Service Committee from
the joint leadership requested that the
committee move in precisely this way.
So that is what is submitted for the
consideration of the Senate tonight.
That is the background that I would
supply.
Mr. President, before going directly to
the merits of the proposal before the
Senate, I want to take a moment to an-
swer, a question posed last night by my
distinguished colleague from Virginia.
(Mr. IIAimY F. Even, JR.) who wanted
to know the ranks of the 600 or so mili-
tary officers whose rates of pay now are
frozen at the $36,000 figure and who
would thus benefit from the provisions
of H.R. 2559.
Military and naval pay, generally
speaking, is not within the jurisdiction
of the Committee on Post Office and
Civil Service, though the rate of basic
pay is limited by section 5308 of title 5.
My colleague is advised that this pay
limitation now affects major generals
with more than 22 years of service,
lieutenant generals with more than 20
years of service and generals with more
than 12 years of service, if indeed such
an officer exists. Of course, rear ad-
mirals, vice admirals and admirals are
affected as well.
In terms of basic pay, no members of
the Armed Services are now paid more
than $36,000, -though the Senator is cor-
rect in his st.atelnent. that some officers
are compensated at a rate in excess of
the pay of Members of Congress. This
is so because of other forms of compen-
sation afforded, including quarters and
subsistence allowances, a Federal tax
advantage, and incentive pay for phy-
sicians and dentists and personnel on
flying status.
Mr. President, to fully answer my col-
league's question, I shall ask unanimous
consent that a table setting forth illus-
trative examples of total annual compen-
sation for military officers be printed in
the REcoso.
Now, Mr. President,. lei me address the
amendment offered here last night by
the distinguished Senator from Alabama
(Mr. ALLEN), which v;ouid remove '?Vlem-
bers of Congress from. this bill.
That, of course, is exactly what the
Committee on Post. Office and Civil Serv-
ice proposed to do in 1974 when it re-
ported to the Senile` on thF. President's
latest proposal for adjustments in the
pay of the Government's top officials in
the executive, legislative, and judicial
branches. Cilat proposal, Senators will
recall, was rejected in whole.
In June, I received, as chairman of
the Committee on Post Office and Civil
Service, a letter from the distinguished
majority and minority leaders of the
Senate. That letter, along with other per-
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 S I :?0 CONGRESSIONAL RECORD-SENATE July 29, 1975
tirrent documents, i It ~Rr f trEc~rll~igtle Q / 1i Cl~ t 7 1~()Qt944R i1e1QQ2Q~iQC 1sQno one individual
the President ol? the United States to the
Pr?esid.ing Officer of the Senate, have been
made available for every Member.
Ta their June 11 letter, Senators MANS-
rim n and Scorx referred to the Presi-
dent's 1975 Budget message, which made
note of the very serious and adverse ef-
fect the lack of salary adjustments had
had in the areas of recruiting, retention,
and incentive for advancement through-
out the Feder, ..l service. And they ob-
served, quite correctly, that "The obliga-
tions of a Member of Congress are in
many respects more demanding than
anyone else in Government service."
it was the : oint recommendation of
the majority and minority leadership,
then, that this matter be dealt with in
a stra.,ghtforwlsd fashion and that leg-
islation be presented to the Congress
that would extend the same cost of liv-
ing percentage increase for the positions
frozen since 1969 as is provided for em-
ployees of the Government generally.
That we hate done.
Because of the time constraints, and
because it was sur hope to conclude con-
gressic,nal action prior to August 1 so
that some officers and employees who
might otherwise be contemplating retire-
ment as of the end of this month could
reconsider their decision, the committee
moved as it did to amend a House-
approved measure, and our choice was
II.R. 2559.
I n considering this measure in com-
mittee, the committee weighed an
amendment offered by the distinguished
Nenator from West Virginia (Mr. RAN-
DocPx) , which would have delayed any
benefit for M,7mbers until January of
1977---the 95th Congress. That amend-
ment failed, as did another which would
have limited any benefits under this bill
to members of the Federal Judiciary
only.
Mr. Presidert, the reluctance of Mem-
bers of the Senate and of the other
body, too, to take any action which
might; result in a pay raise for them-
selves has for far too long penalized
other officers and employees of the
Government. It has penalized the
Government itself. And, in point of fact,
it has penalized the taxpayer because of
the impact it has had on persons in key
posts who administer the public's busi-
ness. As the President of the United
3 4 5 6 1 8 9 -10 'i
----------- 26 1 $36,000 $3,641 $606 $4,.253 $3,291 $43,544 ------------------------ $43,5
26 1 36,000 3,647 606 4?, 263 3,291 43,544 34,200 __..--------- 7, 7r:4
26 1 36,000 3,641 606 4- ?53 3, 291 43,544 ------------ $1,980 45,.6:4
i1 stieutenantgener.1'..-__--_---- 26 2 36,000 3,641 606 41 253 3,234 43,487 ------------------------ 43,-1.7
36,000 3,641 f,06 4,253 3,234 43,487 10,200 ------------ 53,F.1
26 2
-
2S 2 30, 000 3,641 606 4.1, 253 3,234 43, 487 1,980 45,4 .1
ti 001. genera!----------------------- 26 - 2 36,000 3,647 606 4c-,253 3,234 43,487 _______________- 43,41
21 2 36,000 3,(A7 606 4 253 3,234 43,487 10,200 ------------ 53,5a
26 2 36, COO 3,647 606 4253 3,234 43,487 ------------ 1,980 45,1;7
+)Oro;radiergeneral ---- .---------- .------ 26 2 31,565 3,641 606 3 818 2,724 38,542-------___---_____--- 39,`5,2
26 2 31,565 3,641 606 3. 818 2,724 38,542 12,091 ------------ 50,6:3
26 2 31,565 3,641 606 3. 818 2,724 38,542 ------------ 1,980 40,52
the President of the Senate,
Several dozen of the Government's `op
posts are unfilled at this time simply be-
cause many of the executives we want to
bring into Federal Service cannot, in fir-
ness to their families, accept the huge ut
in compensation that would be involve,!
Further along, the President wrote :
As you know, the Senate Civil Service
Committee has reported out H.R. 2559 to
extend to employees of the Executive, Jc.ii-
cial and Legislative branches whose pay has
been frozen so long, increases commensu' tte
with those granted to other emp.'.oyees wi-?,se
salaries are not frozen.
This statutory change will not result in
any "catch-up" for the last six years *.nd
will not solve all of the inequities we :ow
have. But, I feel we must move at once in aiis
direction. I consider H.R. 2559 as a vital .rst
step. Further action to solve the problem /ill
be addressed by the Panel on Federal C?em-
pensation which I established recently nd
by the next Quadrennial Commission on :x-
ecutive, Legislative and.Tudicial salaries.
The added cost of the compensation .:tid-
justments of H.R. 2559 will come to a frac ion
of one percent of the Federal payroll- In my
judgment, this action is essential if we are
to recruit and retain qualified and compe ant
senior-level people to conduct our Gowr-n-
ment's business. 1, therefore, urge the C n-
gress to enact this bill promptly.
Mr. President, I could not state she
case any better than the President as.
And if some of my colleagues should .r-
rive at the conclusion that there has teen
liaison, even close liaison, between she
committee and the White House, they
would be correct. The Civil Service Cc.;m
mission and the committee's counterpart
on the House side, too, have been invo.ved
in efforts to arrive at some modest m(-.ens
of relieving the ravages of inflatior_ on
these people who have been without any
increase in pay since March of 1969 .tad,
more importantly, take what the Prld? pretty bone tired-
not the proble n of compression of pay or Mr. BROCK. Yes. Mr. FONG. We have a GNP of a trii -
compaction. I am willing to accept the Mr. FONG. The di: tinguished ci:air- lion dollars.
premise that tae Senator wants to estab- man and I would have gone for the Mr. BROCK. The American people ar,-
fish, taking th.s lid off and attracting the whole loaf if we could have gottei it. carrying one of the biggest loa.is. They
l:ind of people we have to have to do a But we could not get the whole loa, be- have 5 to 40 percent of heir total in - the decent job for the American people and cause we had obstacles. So we are ti ??ing come G ve c: -
start? How taken to pay
their government. I accept the Senator's for a few slices of bread. If one ca,,not ment. t. here lo we
principle and I should like to support get the whole loaf, be goes for a few anything ng about do it?
May I ginto this?
it. What I am trying to say is that it is slices. tare ENS. M y I get
essee, cia
very hard for me to vote for this bill, I have some trouble with the Ser. itor I we ask correct the situation taking e, n a
that deals only with the tip of the ice- saying that it is difficult for his pe
sive.base of the pyramid, forcing the cost ernment, were to go out- years'
the area where their ate m moine ?,
of go~~ ernment-and that means taxpay- Mr. BROCK. No; let us 'talk a'hout
ers' dollars-right up through the ceil- a 15, a 14, and a 13 getting that, v. ';ere their nowhow, the work that they ha;.-
ing. That is where I am concerned. we will be in about a year and a ha '. done over the years, is just at the porno
n,Tr. McGEE. Will the Senator yield for Mr. FONG. If this man, who is a G.--16, of having great value to the people of tike
let us say, went out into private indu: try, country--and say to them, "Yor Cann( t
a comment or. that point? look forward to any more increase i t
Mr. I3ROCK:. I am delighted to yield, instead of getting $36,000, he woo-ii be a 1 In the 15 years of your service, yo r
r. McGEE. The committee prepared Paid, as of a year ago, $45,146. A 7, if have reached the point of inipactio:).
M he were to go out, would have been en paid,
an assault on the whole compression a year ago, $56,011 in private indttry. Therefore, there is no more bnanci.1
question this spring. We worked very A GS-18 would have gotten $710'''4 in incentive to your employment?" Do y:.!a
year,dustry. That was last year But tell that to, those the Senator would like
Office of We Mhad our anagement negotiations
and Budget private
the O
and with the President. The decision was this year, he would get 8 to 10 pe-?errt statistcs- here, to have them, on the people who have
more.
finally made--and this was the compro- Mr. BROCK. How many people as ~ we left since November of 1973: Eight Fee;-
muse that was worked out-and it is fair talking about in this bill that are grades eral judges: the Department of Con:-_
to report it; it is no guarded secret at 15, 16, and . merce associate general counsel welt
.
all--that now, this year, because of the out to make $50,000. A library of Cor. -
climate and all that goes with it, the Mr. FOND. 17,000 people.
Mr. BROCK. 17,000 people who now gross GS--17, a specialist on taxation ar.d
President felt very strongly above moving fiscal policy, one of the best men in tl e
in the direction of changing the cost of are butted up at $7,000. Government in that area, left-
living formula so that it would include Mr. FONG. $36,000. Mr. BROCK. The Senator goes n..t.
these groups as a sheer matter of con- Mr. BROCK. All right, $36,000. St en have to convince me. I have read the
structive equity. It had nothing to do teen thousand people. figures. I know who is left.
Mr. FONG. The GS-14 now is pu: -ring
with salary restructuring. Mr. STEVENS. What do you do? TI -e
the GS-18, -17, -16, and -15.
'than he going he committed himself to hav- Mr. . BROCKa How many nor at g
tug the Presidential commission-a GS-149 this because somehow or other it a ove, -
quadrennial commission, which means Mr. F'ONG. I do not. know. taxing the American public.
next year, in January-address itself to Mr. BROCK. No.
the overall problem and make recom- 1~Tr. BROCK. How many more at Mr. STEVENS. The A.neric.n pub::c
mend.ations to the President that he Mr. FONG. I do not know. is paying more in terms of turnover n
,,oulrl Submit to Congress. 'T'hat is the Mr. BROCK. How many more at '? this Government than it will possib.y
Way that, finrlly, the whole larger ques- Mr. FONG. I do not know, but . we pay in terms of this pay increase.
Lion that the Senator so rightly puts do not do something,,, they are soo, go- Mr. BROCK Let me give the Senat-r
his finger on was resolved for this nro- in,, to come in and impact on those aeo- my own reasons. I said I was opposed io
n,.,nt. It w?a;: the President's decision ple at $36,000. Pretty oon, we shall save this trill because I do not think it cones
that this was the better way to go at it boss No. 1, boss No. 2, No. 3, No. 4 No. in properly with the excess cost cf Go' -
now. He felt that the time was not ready 5, and No. 6, all getting $36,000. T is is ernrnant in total. I do not think there is
for the other step and he commits him- had, bad business. anyone in my State who would object :.o
self to the committee, and to Congress Mr. BROCK. Maybe we ought tc look paying a. good salary fcr an adequaee
in doing so, to make that study and that. at, all these people we have m,!ring manager, $40,000, $50,000, $50,000,
report to Ccngr > That v b t e $36 wr u me of sese, 70,000 if they were getting ?-alue r
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 July 29, 1975 CONGRESSIONAL RECORD --- SENATE S 14227
ase 005/ dd~~ (~~p R~p77 0
ApprovedF~Je
cefved. That is great. But how can theor RNow, yott now,gr7Yk pl:> t71~ rogiC?' IS itM "V tl"itYl'Yilkilt "~V~Ql~t gotten into
Senator tell ine they are getting value right, Is it comparable? Do not tell me it this jam because we are all, from the very
received when we are spending in their is comparable when you can get 60 per- beginning, hiding behind the fact that
name, taking from them, $49 billion a cent more salary as a Government secre- Senators and Congressmen were not will-
year to pay the total payroll. You only tary than you can as a private secretary ing to get; out on the floor and vote up or
have got in this bill GS-15, -16, -17, and in some of the States of this Union. down on pay increases for themselves.
-18, 17,000 people that you want to take Mr. STEVENS, You cannot in my They try to hide behind a commission
the lid off. All right. I accept the prin- State. setup and not face the music. they are re-
ciple. Pay them what they are worth so Mr. BROCK. Well, Alaska is a high- sponsible for, that they are elected to
they can get good people. There is noth- Paying, high-cost. State. But we do not take the ball and run with, and they are
hit,, wrong with that. think in those terms. We pay it on a na- just trying to hide behind it. They are
But where is there any effort to deal tional basis regardless, across the board. refusing to face up to this entire problem.
with $49 billion worth of one heck of a You are competing directly with private Mr. BROCK. The Senator and I, I
headache for the average guy who works enterprise, with the small businessman, think, were in the House when this first
for a living? the housewife who has got to pay the tax, commission setup occurred, and I think
Mr. STEVENS. We marked up the to have this kind of competition, and what we said then has been proven true.
I1EW bill today, and it is my memory that they have pretty much had it with taxes, That is exactly the Senator's point, and I
it is $7 billion less than last year spent and you are spending $1,000 a family in agree with him, and I appreciate it very
in that area. We cut $5 billion off of this country to pay the payroll costs for rniich.
defense. We have a Budget Committee services that a whole bunch of folks do Mr. McGEE and Mr. TAFT addressed
that is trying to get control over expendi- not want or need. the Chair.
trues, and most of us are working with, Mr. TAP"1. M![r. President, will the Sen Mr. McGEF. Excuse me.
the Budget Committee in that area. ator yield for it nxoment? Mr. `l'AI`7". I would just like to ask the
But this is not a salary increase. This Mr. BROCK. I yield.
Mr. TAP I'. I think people are sick and enator from Alabama, before we get a
is a cost- CK ad erstand. tired of paying the high cost of Govern- vote on his amendment, am I correct in
Mr. BROCK. I understand.
ment. There are two problems here in- understanding that the amendment the
be e auto- on volved. The Senator is pointing out one Senator presently has before the Senate
myMr. Alasska railroad ka iIf we this would working
matic. Cost-of-living adjustments should of them very vividly, indeed, and there would totally do away with the cost-of-
has been a tremendous increase of pay living legislation at the present time?
happen automatically. of employees generally. That does not Mr. ALLEN. The amendment strikes
r. do. I will tell the Senator deal with the compaction problem. It is out everything after title I. In other
whatat I will ill do. there. words, it strikes out any reference at all
PQ r. STEVENS.
Bureau made .Labor I tStatis- Mr. BROCK. That is right. to the salary increases or any putting of
Senator tics adjustments fs mare maI think h know the some Mr. TAFT. What I want to suggest; at the executive, legislative or judiciary un-'
of missing e point. n these people, I worked with some of this point, in support of the amendment der this cast-of-living increase.
of the Senator from Alabama--and I am Mr. TAY ,'f. The Senator from Ala-
them dowxtoxvn when I was in Govern- sorry he withdrew the first one because bama would agree with the statement. I
mMr. it was pretty good--and 1. am not sure just made along the lines that if we
Mr. BROCK. . There I. are this one because I do riot think it does passed this legislation we could come
Mr. STEVEN VENS people and anything about romps ction at all-and I back along, if we wanted to, in this ses?-
they spent their careers s down own there and am going to attempt to get. at that Sion and pass other legislation that
they are now saying, e have oppor- later-but the problem here is that the would provide for a cost-of-living in-
companies, inco comee. system we set. up in 1969 and 1970 is crease for those employees we wished to,
'hey to get get oilers any greater
1' us. With h all that experience , e will "Work responsible for what has happened on not tied to a congressional cost-of-living
for wwe will of these problems. increase?
pay you $50,000, $ $600 6,000, $75,000." Mr. SROCK. That is right. Mr. ALLEN. Yes. Obviously, they can
I know one of my friends who went out
and got $80,000 and left a position paying Mr. TAFT. What have we done? We do that if they wanted to. But that is
$36,000. He told me he would rather stay have gone right on with the system and the point the .Senator from Alabama
in Government because that is where his compounded it, if anything, not taking has been making all along. This effort,
career was, that is where his life was, care of the problems that have arisen: as a trend in recent years, has been to
and yet we arbitrarily tell him, "You have under it. The problems are built-in prob- accomplish this without a direct con-
no chance of any additional income." lems. The Senator from Alabama has al- Irontation with the issue.
Unless we do this and adopt a concept ready indicated that. They are built in Mr. TAFT. Then if the senator would
of a cost-of-living adjustment based in a conflict of interest that the Senators also agree, I presume that statements
and Congressmen have in voting fora have been made, and the implication has
upon inflation will lose more good ndere cost of living, and goin along with cost- been made, if we do not take this bill
c
ple. WeIt are is trying yi not e their get fault that w inflation
that we have of-living increases. there cannot be any other cost-of-living
control. on
not got it under control, and l agree with Somebody said they wished they could increase or any other salary increase
the Senator about the massive costs of turn it all over--the distinguished Sena- until next year anyway in to the quad-
expenditures of Government. But we are tor from Alabama, the senior Senator rennial increase, 1977?
getting those under control. from Alabanxa, said he wished we could Mr. ALLEN. No, that is not correct.
Mr. BROCK. Good Lord, since when? turn it all over--to the Executive and to If they stayed with the commis>?ton ap-
Mr. STEVENS. I think this Congress the Commission. I do not wish that at all, proach there would be nothing to pre-
has clone more than I have seen so far I think it is our responsibility to set the vent Congress, if it aw fit, to give a one--
in terms of getting expenditures under salaries. time raise, but not a guaranteed annual
control. Now, even if we adopt Uric amendment raise: set any figure it saw fit. They
I'dr. BROCK. Your deficit is going to be presently before us, as I understand it, would not have to depend on the-salary
not more than $70 billion, $80 billion, $90 we could next,nveek, if we wanted to, and commission setup, because this is cixang-
billion. if we a.re here next week--which we will lug the salary commission setup so that
Mr. STEVENS. That has to do more not be-but as soon as we get back into Congress, in its wisdom, could choose any
with expenditures this year-- session we can enact a bill which would other method of changing that setup,
Mr. BROCK. The expenditures are up take the Senators axed Congressmen out and if they have got the leader:;hip be-
'-50 1 illion, $70 pillion. It is more than an of this ptcce:;s, break the logjam, pass hind it, it has bee i th~r observation of
irritation factor. another bill ourselves repealing the pros- the Senator from Alabama that l elps a
If you look at the comparability scales, eat legislation, pass a cost-of-living in.- bill get through. So if the leadership
the governmental employees of this Na- crease for the employees at levels that would support any such effort I would
lion have had a 40 percent higher rate we think they bugiit to be at at the vari- say if Congress wanted to face up to that
of increase of pay than the average outs levels, and do away with the prob- question it could do so. But I do not feel
American working man has. lem of compaction. that this method is facing up t.c> the
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 S 14228 CONGRESSIONAL fRE,CI?O1RpD7-fSENATEf1 July -9, 19,7";
issue. It builds frt[ ~Vf~ti CGRrt `tri~a a ~1btl2fi `ii v@ o Ytt~-uls'to7th`It"I`~st~~41~'"t+f_JA pq?x9tlrp v- a making this type
annual salary increase, with no ceiling
whatsoever. and I think that is Ill-
advised legislation.
Mr. TAFT'. Well, it has got us in the
Jain we are in now. I think we better get
rid of it as cuickly as we can.
Mr. ALLEN. I ask for the yeas and
grays.
The PRESIDING OFFICER. Is there
a sufficient second?
't'here is a sufficient second-
Tha yeas and -nays were ordered.
The PRESL)ING OFFICER. The Sen-
ator from Wyoming.
Mr. McGEE. Mr. President, I think
that we are ready to vote on this meas-
ure. is just wait to spread on the record
only one thinT. The Senator from-Ala-
br+,ma. and I have talked together, we dis-
cussed it at length last night on the
floor, and that is, we have attempted no
back door.
We. went through the front door of the
White House on this, we went through
the front desk of the majority leader and
the minority leader.
We were prepared to offer a broadside
assault on thi; whole question, but after
consultation through the front door with
the President. through the front door
of the Supreme Court Chamber of the
United States with the Chief Justice of
the Supreme Court, through the front
door of the Bureau of Budget with Jim
Lynn, and through the front Chamber
door of the House of Representatives,
what was agreed upon was this approach
as the only approach in. which we could
get all of the elements of Government in-
volved and merging in the same direction
co that it doe:: not languish between the
differences that do often arise between
various branches of Government.
Believe me, it has not been easy. We
have laid it out in front, face up and on
the table. We are asking the Senate to
make its judgment on this. We are not
sneaking past anybody, nor intending to.
i'or that reason, I would hope that,
whatever else, the members of the com-
mitteee are not held suspect for trying
some end run in order to try to lay this
thing directly before our colleagues in
this body.
We believe it ought to be faced up to
directly. We think this is as close as we
can come to being direct, given the total
n u;o!:iations Nye have had to undertake
thtese last four months in order to arrive
at this point. -
Mr.. ALLEN. I thank the distinguished
lies uator.
The Senatcr from Alabama was not
implying that the distinguished manager
of the bill had acted improperly. Cer-
tainly, the contrary is true because the
Senator from Wyoming notified the Sen-
ator trom Alabama when this matter was
?Ming to come up. He knew in the past
ti:; had been opposed to legislation of this
The front door approach that the Sen-
atur from Alabama would feel would be
the front door approach, would be to have
legislation sa_'ing that the salary of cer-
tain government officials shall be thus
and so tnat would require congressional
action each time a, raise was provided.
Just as the Senator from Ohio said, that
every time.
But. it would seem that this Ia not
exactly a broadside on this Issue when
resort is had to taking a House bill as a
vehicle which did not have this issue be-
fore It at all and waylaying that over in
the Senate committee and tacking a non-
germane amendment on that, will never
come back to the House of Represc-nta-
tives in all likelihood except to vote on
a conference report.
So it seems to the Senator from Ala-
bama that the front-door approach has
not been followed all the way through,
else there would be separate, Indepet dent
legislation putting this into effect, rather
than adding it as a nongermane amend-
ment to an innocuous bill-I assume it is
innocuous.
Mr. McGEE. Did the Senator -as'c for
the yeas and nays?
Mr. ALLEN. Yes.
The PRESIDING OFFICER. The yeas
and nays have been ordered.
Mr. SPARKMAN_ Will the Senator
yield?
Mr. ALLEN. I promised to yield to Sen-
ator Randolph and then I would be de-
lighted to yield to the Senator.
Mr. SPARKMAN. Very well.
Mr. RANDOLPH. Mr. President, '.here
must be the realization that every Mem-
ber of the Senate should be accorded
the opportunity to participate fully in
the decisionmaking process in reference
to an important matter such as is now
pending before its. -1 know that the
Senators who bring the bill to the floor
share this view.
I commend the managers of the bill,
the chairman (Mr. McGEE), and the
ranking minority member (Mr. Fuvc).
They have had an understandable con-
cern about attempting to fashion a
measure that could come from our Com-
mittee on Post Office and Civil Service
that would cope in part with the very
complex problem of salaries and wages
for Federal employees, regardless of the
levels in which they may serve.
The chairman of the committee k stows
that there were three members o" the
committee who voted against thr re-
porting of this measure favorably to the
Senate. I was one of those memb,-rs. I
have consistently held to the belief that
in reference to the salaries of the Mem-
bers of the Senate, I want the oppor-
tunity-I want the responsibilit;-of
voting to continue my salary at its ,res-
ent level, voting to decrease it if I bt lieve
such should be the case, or voting to in-
crease it if I had reason to believe that
was in the interest not only of ir -self
but of the operation of this body.
Now, I want to be very certain Shat
what we are doing here today gives me
the opportunity of doing exactly w at I
want to do.
I have been one Member of this body
who voted to decrease his salary. I did
that in 1933 as a Member of the Hot se of
Representatives.
We faced up to a responsibility d ;ring
the Depression of lowering our sal cries.
This was done not only because h was
a decrease in the operation of the cost
of government. We felt also that i-. was
a symbol to the people of the country as
of contribution to the. body politic from
the standpoint of the t"iinkin, of tile
American people.
I ask the able Senator from Alabama
a question.. Will the Senator f: om We-;t
Virginia have the opportunity in con-
nection with the pending amendment o
keep the principle-the philosophy whir a
he has held through the years--that the
responsibility should be his to vote for can
increase in salary, vote to keep a present
salary, or vote to decrease his salary?
Mr. ALIEN. I am glad the distin-
guished Senator has asked that question
because that is one of the points that the
Senator from Alabama has been making
all along.
If this legislation is passed, the di-
tinguished Senator from West Virginia
(Mr. RANDOLPH) need r.ever be faced
with this issue again because he will
guaranteeing- an annual salary increa: e
without taking any further vote:, one w4l_y
or the other.
So the Senator need not be disturbed
as to his future action becaus e he wall
not have the problem presente -I to hi:n
again.
Mr. RAN-DOLPH. Will the Senator
yield further?
Mr. ALLEN. Yes.
Mr_ RANDOLPH. The Sena.-.or from
West Virginia wants no recomrnendatic:n
from a commission. He wants not formula
set by someone else. He wants no word
from the President of the Uri `h-d Stag s
as to what his salary should he or should
not be. The Senator from West Virginia
only wants the opportunity, and he
reacy to share the responsibility, of vo
ing. It is known to everyone ex, ctly hr
he votes on the matter of the salary as
affects him, an individual Senator.
Mr. ALLEN. That question wal he c
tided for the distinguished Senator. Tl:-;
only way he would have a decision in tie
future would be in the event Pie Pre:a-
dent did not recommend the full amount
of the cost-of-living increase.
To give an example, if the theoretical
or actual increase in the cost of living
was 8.6 percent and the President sug-
gested itought to be just 5 percent, t., n
the distinguished Senator from We
Virginia would have to decide whether I
is going to take the full increase whir
he might be entitled under the new la -
or whether he was going to educe
As I stated, that builds in a conflict
interest that the Senator will be fact,(!
with.
Mr, RANDOLPH. Will the Senate
yield for one further colloquy and pe!. -
hap.; a question?
Mr. ALLEN. Yes.
Mr_ RANDOLPH. I do not di.>cuss t.:e
others that are affected in thr Feder -d
family. Those are matters concerning
persons who have not been eected -.o
public office. They involve a wide ran-e
or various types of public servica. Ther -
fore, we can move- in these instances c n
formulas and commissions and cornpar:.-
bility and cost-of-living increases. B it
when it comes to the Member of t:.a
Senate of the United States, and I spell l
not in the slightest criticism of ..r y
other Member who disagrees viih p
I wont the responsibility to r- ;t who
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 J2.X y 1-19, 1975 CONGRESSIONAL RECORD -- SENATE 14'1."1.:1
with me as to what I cl c. to kson P unite Talmadge wives might be interested--because the
A ap F ealsi~ 200i~0 A3 : C I P77MOQ>~~4~iFd9 1t1002( OOO14)n that end -
the salary that I am palCt.' Montoya itvth UnnPy ,,,;,,r,i. 1 1 r. to have thorn in the ral.lery
t
.
n
me
d
the amen
Mr. R.ANDOLPII. I intend to do that,
Mr. HARRY F. BYRD, JR. Will the
Senator yield?
Mr. ALLEN. Yes.
Mr. HARRY F. BYRD, JR. Mr. Pres-
ident, I recognize there is merit to the
arguments made by the distinguished
Senator from Wyoming and the clistirl-
guished Senator from Hawaii. It is a
very difficult subject, the matter that
the Senate is dealing with.
I find it difficult to support the corn-
raittee's position as to the matter of pub-
lie policies. If the committee's proposal
is adopted, that will mean that every de-
clsionmaker in Government, except the
President of the United States, will be
insulated from inflation; it will mean
that every decisionmaker in Govern-
relent, except the President of the United
States, will be subject to an automatic
wage increase every year, depending So Mr. A1,r.I:N's amendment was re
upon the amount of inflation that the jetted.
country has. Mr. McGEE. Mr. President, I move to
It will make no difference so far as the reconsider the vote by which the amend-
Individual in Government is concerned ment was rejected.
how high inflation is because his salary Mr. FONG. 1: move to lay that motion
will be adjusted accordingly. on the table.
I think that is a bad principle and The motion to lay on the table was
policy of Government. For that reason agreed to.
I shall support the amendment offered Mr. McGEE. I yield to the
1 d senator from from Ohio.
by the dlstmguls le a
Mr. 'TIT. Mr. President, this amend-
anent, of which there is an explanation
on the desk of each Senator, would elim-?
inate Members of Congress from any
cost-of-living or pay raise of any kind
after December 31, 1975, as a result of
this legislation. This means they would
be eligible for one cost-of-living raise as
provided by this bill. It would not be
covered by the salary recommendations
of the Quadrennial Wave Commission
that makes its next report in 1977, nor
would they be included in the cost-of--
living increase next year.
This bill would also include in its pro-
vision, or this amendment would include
in its provision the compensation of the
Speaker of the House of Representatives,
the President pro tempore and the lead-
ers of Congress, as to eliminating front
the Commission method of setting cmt-
of-Iiving increases or salaries in the
future.
Congress, therefore, would Have about
t1/2 years before the next report, the
quadrennial commission, to quantify the
pay raise it may wish to set for the 95th
Congress from the date of its inception.
In fact, actually, I believe Congress
could set next month when we come back
into session in September, just a. month
hence, could set its, own ;ill rrie any way
it wanted to set them. It could set cost-
of-living increases any way it wanted to
set them merely by action of law.
Mr. President, the Federal Salary Act
of 1962 and the Salary Act of 1967 pro-
vide that compensation of Government
employees be administered on two diff er-
ent bases:
First, career employees in the Federal
service, paid under the General Sched-
ule, generally receive salary a.cl.itl .i.ments
each year. These increases are directly
related to private enterprise salary rates
for the same level of work on the "corn-
parahility principle."
Second, the compensation of top offi-
cials in the executive, legislative, and
judcial branches of Government is sub-
ject to adjustment in March of every
fourth year with budget. submitted by the
President to Congress. 't'hese salaries are
on the executive schedule.
The Salary Act of 1967 created the
Commission on Executive, Legislative,
and Judicial Salaries, r?(7mposed of nine.
members, to submit recommendations to
the President on salary rates for top of-
ficials in the three branches of the Gov-
ernlnent.. Among the oflicial; included
are the Members of Congress. The. Pres-
ident then must examine th(. Connn;s-
sion.s recommend .ions and submit his'
own recommendations on that Comnli,,-
siutl recommendation to the Congress.
Either House, as we know, must; disap-
prove the recolnn.enelatuns within 30
days, or they -r) into effect immediately.
7.`ihis requirewerit for negative action
was apparently designed to make it
easier for the Members of Congress to
raise their own salaries by taking no
tion at a.ll. Similarly, thin Con"; ruse Could
disapprove the Presidential recommen-
elation for a pay raise for executive
Alabama. Mr. MANSFIELD. Mr. President, will
Mr. ALLEN. I thank the distinguished the Senator yield to me, please?
Senator. Mr. TAN I', Mr. President, first I call
Mr. McGEE. Vote! up an amendment which I have at the
The PRESIDING OFFICER. The ques- desk.
tion is on agreeing to the amendment. The PRESIDING OFFICER. The
The yeas and nays have been ordered and amendment will be stated.
the clerk will call the roll. The legislative clerk read as follows:
The legislative clerk called the roll. The Senator from Ohio (Mr. 'TAC'T) pro-
Mr. ROBERT C. BYRD. I announce poses an amendment.
that the Senator from Arkansas (Mr. Mr. Tnf'T's amendment is as follows:
BUMPERS), the Senator from Mississippi On page 6, beginning with line 1.7, strike
(Mr. EASTLANn), the Senator from Ohio out all through line ]8, and iu err; in lieu
(Mr. GLENN), the Senator from South thereof the following: "shall be adjusted
Dakota (Mr. MCGovERN), the Senator under paragraph (2) of this subsection.".
from Utah (Mr. Moss), the Senator from On page 6, line 24, immediately after the
North Carolina (Mr. MORGAN), the Sena- comma insert "during calendar year 1975,".
for from Mississippi (Mr. STENNIS), the On page 12, beginning with line B, strike
Senator from Missouri (Mr. SYMINCTMN) , out all through line 18, and insert in lieu
and the Senator from Maine (Mr. Miss-? thereof the following:
Par.), are necessarily absent. SEC. 206. (a) Section 225(f) (A) of the Fed-
oral Salary Act of 1967 (2 U.S.C. 356(A)), 15
I further announce that, if present and amended to react as follows:
voting, the Senator from North Carolina "(A) the vice President of the United
(Mr. MORGAN) would vote "yea." States;.'.
Mr. GRIFFIN. I announce that the On page 12, line 20, strike out "offices"
Senator from Arizona (Mr. GOLDWATER) and insert in lien thereof "office".
and the Senator from Nebraska (.Mr, or. page 1-3, line 23, strike out "rates"
Ililusi{A) are necessarily absent. and insert in lieu thereof rate".
I further announce that the Senator On page 12, ;.ine 24, strike out "rates" and
insert in lieu thereof "rate".
is absent C insert
page 13 llne 1, strike out 'sections 203
the STAFFORD) family. .
+?fro.lem to a Vermont death in (Mr.
`1?d 204 and insert in lieu thereof "section
I further announce that, if present and
voting, the Senator from Arizona (Mr.
GOLDWATER) would vote "yea." Mr. TAI'"C. Mir. i're.,ident, I am. glad to
'.t'he result was announced--yeas 30, yield to the majority loader.
n-,tys 57, as follows: oSFiCIAL sue LU + 01. TAP: SSNATi:
INo1lcall Vote No. 343 Leg.] T..r. MIANSiE'IELD. Mr.l'resi.dent, since
1' 11 is
1
1:1len
l3srtlett
fiellmon
Bentsen
Biden
Brock
NAY.3---57
YEAS--30 T,e have al;ele a good aenc a.nee ,
Burdick Curtis evening, I would like to remind the Sen-
eyrd, ford ate that tomorrow at 12.15 p.m. the
harry F., Jr. c;arn official picture by the National Geo-
Byrd, Hobert c. Hansen graphic Society will be taken.
Cannon part, Gar}- %V. -
Chiles helms I suggest that those Senators, whose
Abourezk
HLskell
Mondale
Baker
el i
d,f
Nelson
Bayh
i
Nunn
Beall
Hollings
Packwood
Brooke
Iluddleston
Pearson
Buckley
Humphrey
Mercy
Case
Inouye
Itibicoli
Church
Javlts
Schweiker
Clark
Johnston
Scott, Hugh
ur;utston
Kennedy
Scott,
Culver
La.xalt
William L.
Dole
Leahy
Sparkman
Domeuici
Long
Stevens
Eagieton
Magnuson
Stevenson
Fannin
Mansfield
'l'ower
Fong
Mathias
W e icker
Gravel
McClure
Williams
Gri:rn
McGee
young
hart, Philip A.
D4clntyre
Hartke
Metcalf
tro't' VOTING--12
Pumpers
l ruska
Mus'cie
P:astlaua
McGovern
Staaord
Glenn
Morgan
Stennis
Gnidwater
Moss
symixlgton
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 S1.4230 CONGRESSIONAL RECURD - SENATE -- Ad y 29. 1975
schedule positions, .thus avoid, n a d' 'e t as ~c o e g j '~~}p~j{~~}i}~ eat g o ch might harp Con-
position on rc ise ~Ve$ tl~~1r ~ eae~t5ng~~ !2~1a11~ b~Tt~ f'fifil lYi2ft4' 1! I ix to face ua to the
However, in taking this action, the Con- by the quadrennial commission. More- situation, and it would act not for this
gress also disapproves raises for over over, the executive and judicial sched- but for the next Congress, if it desired
other executive schedule em- uled employees should not be penalized to do so.
ployees. because their payscales are tied to us. M.-. President, going back historically,
it: the congressional salaries were not Congressional salaries and cost-of -liv- I refer to the record of March 7, 1974,
included in the Wage Commission's ju- ing raises have been hidden too lore:e in and will just read some o::' the language
rir;diction, the problem would be elimi- their legislation. The back door approach with regard to it when I brough. up this
hated and that is what we are trying to we have used in dealing with them is at measure before, the equivalent of this
do. best unwise when public confidence in measure, and the distinguished c'laiiman
My amendment changes the Federal Government is at an alltime low. of the subcommittee at that time started
Salary Act of 1967 to remove the Coin- The Federal Government has a eery out and said:
mission's authority over congressional difficult time, admittedly, attracting, re- Mr President, I shall be dellghtad to re-
salaries, which would then he subject to taining, and motivating top ofliciaa in spond to my colleague from Ohio, and in
change only by passage of a statute by the executive, legislative, and judicial this ?,vtay: First of all the legislation that is
the House of Representatives and the branches, as well as career employees. now n: the books, the Federsi Salary Act of
Senate, submitted to the President. The report of the Commission on Exec- 1967, was not designed to sneak by or exclude
it has become apparent that the re- utive, Legislative, and Judicial Salari==s of Con-gets, but to leave a Congressional option
lationship between congressional salaries June 1973 states that- speciiicalty in the law, and.
and those of th.e top pay grade civil serv- Should the President or the Congres.: de- Then it goes on. and says:
ants jeopardises the recommendations tide to modify or reject he salary rate rec- The point is, as a result of yesterdsy's vote,
for al. executive schedule positions. This ommended for Member: of Congress we the Senator was here, I thins, when I mach
is most unfortunate. earnestly urge that our recommendations for the, commitment to this body, as chairman
have long felt that congressional the salaries of Federal judges (and of ofScials of the committee, and seconded by the rank-
salaries should el debated separately of the executive branch as well) be approved. ing minority member of the committee. Tii,
Senator from Hawaii (Mr. Fowo) that as a
from other salary legislation. If the Mem- There seems to me to be a clear ~ on- result. of this action, we would lay this matter
bers feel they :Teed or deserve a raise, it flict of interest here. which we should out in detail before committee hearings, in-
should be presented openly as any other correct ourselves. cluding hearings on the bill that the Senator
legislation, no-; in a closed committee I have from the beginning felt hat from Ohio has introduced, a,s one of tho.F.-
room, followed by a failure of Congress to the wage commission is an inappropriate being considered by the committee.
act negatively. mechanism for determining pay raises Continuing further:
't'herefore, on March 7, 1974, I called for Members of Congress. That is one My guess is that it would be no later than
up my amendment on the Senate floor as reason why I have voted consistently-I the middle of April, perhaps by the end of
an amendment to the minimum wage voted against that legislation when it March, if we can get all- relevant people tre
bill. came up in the Chamber of the House, - address themselves to the problem.
We had acted unfavorably, as the and as the Senator from Tennessee Mr. Later, my comment in regard to that
Members will recall, on the Commis- Beocic) mentioned earlier, he did, A; a-- was:
siori:s legislation that was before us just I have voted against all commission rec- Mr. President, T. thank the dish
a very short time before that time. ommendations of increases since, even chairman for his comments I find myself
I withdrew the amendment on the though I thought some of them m xht somewhat reassured by the time frame the
minimum wage bill at that time, after well have been justified under the cir- chairman is discussing. When I first heard it
having assurances from the distin- cumstances. discussed, I thought it was in the tir_ie frame'
gilished chairman of the subcommittee Indeed, I think that the cost-of-living of 1 year, but now he is talking about it few
and the ranking member of the sub- increases that are recommended here are months or-
commtttee tha ; hearings would be held justified to the point of the amount of ? ivlcGsE. A few weeks.
on this matter No hearings, as far as I money involved. Mr. TaeT. Ora few weeks.
know, have been set on my bill which is I would like to see Congress examine This is the history of the legislation
identical to that amendment, to date.- very carefully, in the immediate fu- Mr. President, the story goes on from.
I may go into this in a little more detail ture whenever we are back in session, the there. On July 10, 1974, I wrote to the
oil that in a few minutes. whole question of their basic salary as distinguished chairman and pointed out
While I understand that this matter well, not waiting for the quadrennial to him that no action had been -.aken. I
may have been postponed because of commission recommendation. I. do not pointed out, in part:
the 1974 election, I felt it was too im- think that makes any sense at all. Therefore, on March 7 I called m? bill or,
px'tar..t for the Senate to delay its action My amendment would preclude !..he on the Senate floor as an amendment to the
unti a more ek.pedient time. possibility of quiet backdoor raises for minimum wage bill. I withdrew the amend-
Affirmative, open action would, I be- Congress in the future. ment, after having assurances from you that
be i
that on this matter withi:
lieve, have bee,i far more acceptable to I do think that those employees --,.ho few hearings wee f frr m
the public, and I think we, and the are on the Federal payroll should be paid a weeom that date.
argument that if we did not, and if we adequately and we should have the ccur_ Mr President, I ask un_aninio.is con-
do nor suppor'; this approach, we can age to say so. A pay or cost of living raise sent to have the letter printed in the
expect no increase before 1980 is ob- for other Federal employees is fair ind RECORD.
Viously, I think, specious. We can pass necessary to keep first-class people in There being no objection, th,, letter
this amendment, deleting us, and setting Government service. was ordered to be printed in the 'tFCOxa,
our oval salaries at any time. Passage of my amendment would clear as follows:
's'he Nation I believe is looking at Con- the way for Congress to act on salary JULY 10, 1974.
greSs with a c 'itical eye on our integ- raises without having a guilty conscience, Hon. Gal, W. r:TcGs:e,
rity, fairness, and principles. and would be the beginning of some Chairman, Senate Post Office 2nd Cz, it Serv-
i'ce toast until the risk election time has above-board discussions of our own l icc' Committee, Washington, D.C.
p;t,,,,,sed to enact this legislation indicates try needs. ? trodul~s.r cced Ma. S080, Ar bill t to o February Feder Il
S. 3 3080, a bill amend the al
that we are ai raid to give ourselves a The argument that ('on rest will not Salary Act of 1967. The Federal Solar Act, aa
l':Si_se during a time of inflation because act is not persuasive to rne, and this :;as you know, provides that a Wage Commission
cifi the pLibic reaction. the argument that was given to us w^en have jurisdiction over all Federal salaries.
While it ins,' be important that the this legislation was first put into eft _'ct includiz: those of Members of Cong-eas
members and other Government em- and got us into all the trouble that we bill ar:iends the Act to remove the c?ornmis-
iiloyee.s be given a living increase to keep are in. The present :>ystem has been lust lion's authority over Congressional salaries
comic pace with inflation, I do not as subject to these p yE n the President's recon mendatt, for
4 pressures as pI'O"red a pay raise for Federal employees in toop pay
feel gnat Con,resss should be setting by the fact that it simply has not worked. grades wars considered in the'
he' Senat?-, it be-
it:i own cast-of-living raises and those of We have not increased our salary at ail caine .wparerit that the relationship 'aetween
others in the same legislation. It is to me since 1969. In fact, the increases given Congrasdtunal salaries and t:iose o' career
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 July 29; 1975 CONGRESSIONAL RECORD - SLNA'l iv 4~~I
civil servants jeopardized the recommends- Members of the Senate that I feel now involved in the legislation we have on
4902~d0 1~D witnesses of
tion for all super-grade be et Re 6120O5$04I4]3 ?~ It r-RD4~$fi 110
1p4 btg
long felt that Congressional aeries s o us out from under the commission, both that km
be debated separately from other such legisla- for the cost-of-living increases and for This is a basic philosophical decision.
erv IP the Members feel they need or de-
s the quadrennial increases in our basic it is not a technical decision in the
erve a raise, it should be debated openly, as
any other legislation, not in a closed Com- salary, should be faced up to by the com- slightest.
inittee room. mittee. We should have public hearings, Mr. McGEE. Exactly.
Therefore, on March 7 I called my bill up
on the Senate floor as an amendment to the
Minimum Wage bill. I withdrew the amend-
ment, after having assurances from you
that hearings would be held on this matter
within a few weeks from that date.
It Is my understanding that the Comp-
troller General has written to you his
report on this legislation. The report sug-
gests that the matter might be explored
further. I am aware that hearings have been
held recently on several bills which affect
rates of pay in the legislative and judicial
branches, namely S. 3049, S. 3550, and S. 3551,
In addition, I believe extensive hearings
were held on similar matters earlier in this
Congress. While I know that the requested
reports from the Civil Service Commission
and OMB have not become available on S.
3080, I do feel now is the time for hearings
on my bill, while discussions on related
proposals are taking place. -
Enclosed is a copy of the Comptroller Gen.-
oral's letter on S. 3080, for your easy reference.
I would appreciate your consideration in
holding early hearings on this legislation,
Sincerely,
ROBERT TArT, Jr..
Mr. TAFT. Mr. President, the distin-
guished chairman of the subcommittee
replied to me on July 22 as follows:
lion. ROBERT TAFT, Jr.,
U.S. Senate, Washington, D.C.
DFas SENATOR: Thank you for your recent
letter regarding S. 3080, the bill you had
introduced to amend the Federal Salary Act
of 1967.
The Committee has held two days of hear-
ings on pay legislation and plans additional
hearings later in the session. My feeling is
that the Committee should compile a record
of fact which will diminish disputes, and
which can serve as background material for
our future action.
When I introduced S. 3049, I stated that I
was not wedded to it, that I would welcome
suggestions for change, but that I believed
we needed a vehicle to get us on the.way
toward the alterations which need to be
made in the current pay structure.
We will include S. 3080 in further hearings,
and will advise you of the date.
Kindest personal regards.
Sincerely,
GALE MCGEE,
Chairman.
No further hearings were held on that
bill during that session of Congress. In
the next session of Congress, I again,
introduced identical legislation, intro-
duced on my behalf by the Senator from
Alaska (Mr. STEVENS), which was re-
ferred to the Committee on Post Office
and Civil Service. I have never received
any indication that a hearing had been
set on that bill, and I think these are
matters that should come before Con-
gress.
I bring this up not in any sense of
criticism of the chairman. We all know
that these matters can drag on and that
we cannot always make good-legisla-
tively, practically and politically-on the
commitments that we make and the ex-
pectations that we set.
I bring it up because I feel now again--
and I want to assure the distinguished
chairman of the committee and other
side, to discuss this matter and to con-
sider it very thoroughly. I hope this can
be done in the future. I hope we will get
some further assurance. Obviously, we
are not going to adopt my amendment
tonight, but I see no reason why it can-
not be done.
I say, further-not by way of any
threat--that we have quite a few months
left in this session, and many bills are
going to come along to which this
amendment will be germane, or other
bills on which germaneness will not be a
requirement. It is my position that if
hearings are not held, I intend to con-
tinue to pursue the line I have taken and
to see that this legislation comes before
the Senate for full hearings and full
consideration.
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that there be a.
10-minute limitation on any rolicall votes
during the remainder of the evening.
The PRESIDING OFFICER. Is there
objection? The Chair hears none, and it
is so ordered.
Mr. McGEE. Mr.
Senator yield?
Mr. TAFT.:c yield.
Mr. McGEE. The Senator and I have
discussed this at some length. I assure
him that our first item of business in the
committee is our renewed-from a year
ago-examination of the whole structure,
meaning the basic salary structure, with
all the criteria that lie described--out-
side witnesses, the various vehicles that
need to be examined and assessed. We
can guarantee him--in collaboration or
parallel to the in-depth study that I am
sure the President's Commission will be
taking, anyway--that this will be under-
taken seriously in the forthcoming
months after we get back from the Au-
gust departure.
Mr. TAFT. l appreciate the assurances
of the distinguished chairman.
In that connection, with regard to the
Commission, to me the issue is so simple
that 1 think we do not need a commission
to make a decision of this kind.
Insofar as this basic decision is con-
cerned, I agree with the chairman and
with other Senators here today who said
that we do need to take a very hard look
at the whole salary structure in the en-
tire executive branch of Government.
But this is a different issue. That is not
the issue I am talking about tonight.
The issue l: am talking about is
whether or not we are going to try to
continue to hide our own responsibility
behind some k'.tnd of commission deter-
mination or recommendation as to our
own salaries and cost-of-living, if they
come along. I am not willing to see that
done. I do not think it takes a commis-
sion. It takes public hearings in com-
mittee, in which we can have expert wit-
nesses. I would: like to have the Ameri-
can Bar Association come in and talk
about; the conflict of interest questions
sion, I say to my friend from Ohio. MY
point is that I know that the commission
also is thinking in terms of airing that
question, to examine the dimensions that
it should assume, or the alternatives to
it, or the embellishments to it:-ati those
factors.
All I was attempting to suggest was
that our committee would look at it spe-
cifically and in the larger sense, too. We
have a much larger responsibility than
just that one, but that one will be one of
those basic issues reexamined, with
plenty of opportunity for all. witnesses---
congressional witnesses, outside wit-
nesses, private witnesses, constituent wit-
nesses, anyone who -could have an input.
That was the point of my original re-
sponse to the Senator.
Mr. TAFT. Can the Senator from Ohio
have assurance that the distinguished
chairman will include in those hearings
the legislation which has been introduced
by the Senator from Ohio, dealing with
the question before the Senate tonight?
Mr. McGEE. Precisely. We would guar-
antee that that would be one of the pieces
of legislation examined, open to all wit-
nesses who sought to address themselves
to that issue.
Mr. TAFT. If the amendment is re-
jected, I hope that will be true. I think
the issue is so important that henators
should be called upon to vote on it to-
night, because I do not think any further
commission study is necessary. We all
know what the basic issue is here. We
knew what the issue was when we passed
the original legislation.
Mr. McGEE. Does the Senator want to
ask for the yeas and nays?
Mr. TAFT. Mr. President, I ask for the
yeas and nays.
The PRESIDING OFFICER. Is there
a sufficient second? There is a sufficient
second.
The yeas and nays were ordered.
Mr. FONG. Mr. President, if I correctly
understand the Senator's amendment, it
would do two things: One, it would limit
the cost-of-living allowance for I year.
Is that correct?
Mr. TAFT. That is correct.
Mr. FONG. Second, it would do away
with the Quadrennial Commission.
Mr. TAFT. It wolild do away with the
Quadrennial Commission insofar as leg-
islator's salaries are concerned.
Mr. FONG. It does away with the
Quadrennial Commission insofar as leg-
islative salaries are concerned.
Mr. TAFT. From the determination by
the Quadrennial Commission
Mr. FONG. And the cost of living for
1 year applies only to the Members of
Congress?
Mr. TAFI`. That is correct.
Mr. FONG. if that is so, Mr. President,
this is a very discriminatory and very
biased amendment. People In the ex-
ecutive branch and In the judiciary
branch will be given the cost-of-living
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 S 14232 CONGRESSIONAL RECORD-SENATE July 29, 1975
allowance that wi11~q ~1ky I~f F ~eI X15 ~*gnareelAI~I? i 44 +~t~E rotor from fWlscon
of Congress will be en o?n7y one cogs r.~AS"TLANn lie`s at or fro 1 t1Jtl+ N be recognized or not.
of-living allowance. We are all in the (Mr. GLENN), the Senator from So..th to exceed 15 minutes.
same boat. In the past 6 years, since
1969, not one Member of Congress and
not one member of the judiciary nor
of the executive branch has received an
increa:,e or an adjustment in salary.
This amendment proposes to limit the
cost-of-living allowance to the Members
of Congress but not to the others. So this
is a very biased and a very discrimina-
tory amendment. If something is equit-
able for one, should it not be equitable
for the other? if it is equitable for mem-
bers of the judiciary and members of
the executive branch, why should it not
be equitable for Members of Congress?
Mr. TAFT. Mr. President, the answer
to that is sinrale. In the first year. I
think it is important that we give the
cost-o;:-living increase to the others and
to Congress. As a matter of fact, I have
gone along with giving a cost-of-living
increase to all who are covered by
the legislation. -
In the second year, the others, other
than Congressmen, would go ahead and
get their cost-of-living increase. Mean-
while, we havs ample time in which
we car.. enact any kind of legislation that
we want to-ene.ct----separate out the de-
termination of our cost of living if we
are going to give ourselves a cost-of-
living increase, or our salary increase if
we want to give ourselves a salary in-
crease. We can do it by law any time
we want to do it. We can separate that
out, break the: logjam so we can go
ahead with the cost-of-living increases
for everybody else. We can give ourselves
more next year if Congress is willing to
stand up and vote for the cost-of-living
increase. The Senator feels-everybody
in Congress, I think, feels they have been
held back more than the other employees
of Government.. That has been pointed
out very clearly.
The Senator is talking about Con--
gressmen and Senators being discrimi-
nated against. I think he is missing the
point entirely.
SEVERAL SENATORS. Vote! Vote!
Mr. FONG. _: wish to say, Mr. Presi-
dent, -.hat if we eliminate the Members
of Congress frcm getting the same cost-
of-living allowance as the others, we are
comm'.:tting a biased act. We are commit-
ting a discriminatory act. Nothing pre-
vents the Senator from Ohio from intro--
clueing a bill i:1 the Senate to do what
he wants to do. In the meantime, while
we are enacting this legislation, let us be
fair and treat everybody alike. If he
wants to change it, let him' introduce a
bill subsequently and let us move on it.
Mr. TAFT. That is the bill I have been
trying to get hearings on for the last 2
years.
Mr. F'ONG. The chairman has assured
the Senator that he will get hearings on
It.
SEVERAL SENATORS. Vote! Vote!
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment. The yeas and nays have been or-
dered The clerk will call the roll.
The assistant legislative clerk called
the roll.
Mr. ROBERT C. BYRD. I announce
that the Senator from Arkansas (Mr.
Dakota (Mr. MCGOVERN), the Senator
from North Carolina (Mr. MORGAN), the
Senator from Utah (Mr Moss), the S n-
ator from Maine (Mr. MusKIE), the S n-
ator from Mississippi (Mr. STENNIS), the
Senator from Illinois (Mr. STEVENSCN),
and the Senator from Missouri (Mr. iY-
MINGTON) are necessarily absent.
Mr. GRIFFIN. I announce that .he
Senator from Arizona (Mr. GOLD WAT i:R)
and the Senator from Nebraska ('Jr.
HRUSKA) are necessarily absent.
I further announce that the Sen. ror
from Vermont (Mr. STAFFORD) is abet:nt
due to a death in the family.
The result was announced-yeas
nays 74, as follows:
(Rollcall Vote No 350 Leg.)
YEAS-12
Allen Hansen Proxmire
Brock Helms Roth
Curtis Nelson Taft
Fannin Nunn Thurmond
NA Y3---'^ 1
Abourezk Garn McIntyre
Baker Gravel Metcalf
Bartlett Griffin Mondale
Bayh Hart, Gary W. Montoya
Beall Hart, Philip A. Packwood
Bellmon Hartke Pastore
Bentsen Haskell Pearson
niden Hatfield Petl
Brooke Hathaway Percy
Buckley Hollings Randolph
Burdick Huddleston Ribicoff
Byrd, Humphrey Schweiker
Harry F., Jr. Inouye Scott, Hugt
Byrd, Robert C. Jackson Scott,
Cannon Javits William I
Case Johnston Sparkman
Chiles Kennedy Stevens
Church La-alt Stone
Clark Leahy Talmadge
Cranston Long Tower
Culver Magnuson Tunney
Dole Mansfield Weicker
Domenici Mathias Williams
Eagleton McClellan Young
Fong McClure
Ford McGee
NOT VOTING-13
Bumpers McGovern Stennis
Eastland Morgan Stevenson
Glenn Moss Symington
Goldwater Muskie
Hruska Stafford
So Mr. TAFT's amendment was rejeced.
Mr. McGEE. Mr. President, I mov, ? to
reconsider the vote by which Mr. TA=T's
amendment was rejected.
Mr. FONG. I move to lay that mo' ion
on the table.
The motion to lay on the table 7as
agreed to.
ORDER FOR RECESS UNTIL 101 M.
TOMORROW
Mr. MANSFIELD. Mr. President, the
leadership had thought we would time
in at 9 o'clock tomorrow. But as the 1 our
is getting late, I ask unanimous con.mt
that when the Senate compeltes its b isi-
ness tonight it stand in recess until the
hour of 10 a.m. tomorrow.
The PRESIDING OFFICER. Witi o ut
objection, it is so ordered.
ORDER FOR THE RECOGNITION OF
SENATOR NELSON TOMORROW
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that after the leaders
or their designees have been recogn ed
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. McGEE. Was that tomorrow
morn!,.ng or tonight? [Laughter.
Mr. MANSFIELD. Tomorrow morning
POSTAL SERVICE COMPLIANCE
WITH THE OCCUPA'IIONAI.
SAFSTY AND HEALTH ACT
The Senate continued with the con-
sideration of the bill (H.R. 2:59) to
amend title 39, United States Code, to
apply to the U.S. Postal Service certain
provisions of law providing for ederaii
agency safety programs and responsi-
bilities, and for other purposes.
AMENDMENT NO, 1132
Mr. ALLEN. Mr. President, I call up
my amendment at the desk.
The PRESIDING OFFICER. The clerk
will report the amendment.
Isy that the amendment previously
withdrawn?
Mn: ALLEN. I withdrew it earlier.
The PRESIDING OFFICER. That is
the amendment. The clerk will state the
amendment.
The assistant legislative clerk read ae
follows:
Mr. AnLEN, for himself arid Mr. IIF,I,ars
proposes amendment numaered 32, or
page 6, beginning with line 6, strike all over
toand including line 6 on page 7.
The PRESIDING OFFICER. 'I` ie Sen
ator from Alabama is recognized.
Mr ALLEN. Mr. President, of.er thi
small amendment, if adopted, I will have
no further amendment tonight All I(
does is to eliminate the Members of Con-
gress, House and Senate, from this; proce-
dure guaranteeing the annual salary in-
crease. If this amendment should be
adopted I will have no further amend-
ments.
Mr McGEE. Mr. President, does the
Senator request the yeas and nays?
Mr. ALLEN. Yes, I do as for the yeas
and nays.
The PRESIDING OFFICER.-Is there a
sufficient second? There is a sufficient
second.
The yeas and nays were ordere'i.
Mr. ALLEN. The original ame' iiirnen t
that the Senate voted on eliminated tht:
entire nongelmane amendment setting,
up this method whereby the executive
department, the judiciary and Congress
would receive the guaranteed annua:
wage increases.
It occurred to me that, inasmuch as
the amendment was rejected, possibly the
Members of the Senate, while t ley did
not want this guarantee raised fo - them-
selves, were so anxious to get it for the'
other departments that they voter
against this amendment to assure than.
the other departments could et thou
raise.
Now, confronted simply with tae issue,
of whether or not Congress would gee,
the guaranteed annual wage increases, '
feel that there might be some Senator:,
who would vote against their get' ing the
raise. So, Mr. President, th`.s ame.ldmen ,
will accomplish that purpose of elimi-
nating Congress from this annu Il wage
increase procedure which has been in-
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 S 142:34 CONGRESSIONAL RECORD --- SE.NA'TE July 29, 1975
,I frigVe lea 2$RWA ~i 10011441R00110020000t1-p have not asked
Mr. a.icGEE. Mr. Pfffi2Xte
reconsider the vote by which the bill was
passed.
Mr. FONG. I move to lay that motion
on the table.
The motion to lay on the table was
a greed to.
The title was amended so as to read:
An Act to amend title 39, United States
Code, to apply to the United States Postal
Service certain provisions of law providing for
Federal agency safety programs and respon-
sibilities, to provide for cost-of-living ad-
justments of Federal executive salaries, and
for other purposes.
Mr. McGEE. Mr. President, I ask
unanimous consent that the Secretary of
the Senate be a-athorized to make tech-
nical and clerical corrections in the en-
grossment of the Senate amendments to
H.R. 2559.
The PRESIDING OFFICER. Without
objection, it is so ordered.
ADDITIONAL EXPENDITURES BY
THE SELECT COMMITTEE ON NU-
TRITION AND HUMAN NEEDS
The PRESIDING OFFICER (Mr.
STONE). -pursuant to the previous order,
the Chair lays before the Senate Senate
Resolution 54, which the clerk will state.
The Legislative clerk read as follows:
A resolution (S. Res. 54) continuing and
authorizing additional expenditures by the
Select Committee on Nutrition and. Human
Needs.
The Senate proceeded to, consider the
resolution, which had been reported
from the Committee on Rules and Ad-
ministration with amendments, as fol-
lows:
On page 2, in li.ae 24, strike out "$485,000"
and Insert "399,500".
On page 3, line 5, -strike out "committee"
and Insert "committee, except that vouchers
will not be requir=ed for the disbursement of
salaries of employees paid at an annual
rate".
TEMPORARY COMMISSION ON THE
OPERATION OF THE SENATE
Mr. MANSFIELD. Mr. President, this
molnin: the Senate agreed to Senate
Resolution 227, with a goodly number of
cosponsors. I ask unanimous consent
that it be in order at this time to recon-
sider the vote by which the resolution
was agreed to.
The ]'.'RESIDING OFFICER. Without
objection, it is so ordered.
Mr. MANSFIELD. I move that the
vote-be reconsidered.
Mr. GRIFFIN. I move to lay that mo-
tion on the table.
The motion to lay on the table was
agreed to.
UNANIMOUS-CONSENT AGREEMENT
Mr. I.OBERT C. BYRD. Mr. President,
I ask unanimous consent that the 1 hour
on the motion to invoke cloture tomorrow
begin running at 4 p.m., in view of the
fact that the other body will vote some-
time tomorrow on the resolution of dis-
approval of the President's proposal gov-
erning deregulation, and depending on
objection, It is so ordered.
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that at such
time as the ERDA bill S. 598, is called
up and made the pending business before
hours; that there be a time limitation
thereon of 2 hours, to be equally divided
by the Senator from Washington Mir.
JAcitsoN) and the Senator from Arizona
(Mr. FANNiN) ; that there be a time lim-
itation on any amendment to the ra-
tional security section of the bill of 2
hourrs; that there he a time limitati: n
on an amendment by Mr.. TUNNEY of 2
hours; that there be a time limitation .)f
1 hour on any other amendment, a time
limitation on any amendment to :n
amendment, debatable motion, or appe,il,
of one-half hour, and a time limitation
on any point of order---if submitted to
the Senate--of 20 minutes; and that the
agreement otherwise be in the usual
form.
The PRESIDING OFFICER, Is there
objection?
Mr. GRIFFIN. Mr. President, reserving
the right to object, and I do not know
that I shall object, there is no objection,
I think, to time limitation agreement
as such, but there is concern about wh(:n
the bill would be scheduled to be taken
up by the Senate.
Mr. ROBERT C. BYRI). Mr. Preside: t,
I ask unanimous consent that upon the
disposition of Senate Resolution 54--
which is the matter now before the Sen-
ate and which will be the first measure
up tomorrow following the order for the
recognition of the Senator from Wiscon-
sin (Mr. NELSON)-the Senate proceed
to the consideration of the ERDA bi11.
The PRESIDING OFFICER. Is there
objection?
Mr. ROBERT C. BYRD. If the agrc-
ment on time is entered into.
The PRESIDING OFFICER. Is there
objection?
Mr. BAKER. Mr. President, reservii-(g
the right to object, I do not plan to cb-
jec, but I would ask the distinguished
majority if I might inquire if there is a
possibility that we could arrange a time
for the Tunney amendment to he befcre
the Senate. I am very much interested
in being here when that occurs, and I
would prefer not to
Mr. ROBERT C. BYRD. Mr. President,
I would hesitate at this moment to com-
mit the Senator from California to call-
ing up his amendment the very fi~st
thing. I would assume that he would be
willing to do that, but I simply canrot
say whether or not that would be agre.e-
able.
The PRESIDING OFFICER. Is there
objection?
Mr. BAKER. Mi. President, further i
serving the right to object, I really do
not wish to impede the progress of the
Senate, but it is now 9:55 p m., anc!. I
wonder if it would be possible at all fir
me or the leadership to contact Senator
TUNNEv after our recess or now, to see if
he could arrange that, or otherwi e,
probably, to renew the ananimous-coji-
sent request as to the first order of bu_i-
ness in the morning.
Mr. ROBERT C. BYRD. An effort v..11
the distinguished Republican whip about
this request; I just had not thought of
it, but I understand that this request has
been cleared on his side of the aisle-
that at such time as S. 1771, a bill to
amend title 38, United States Code, to
provide special pay and other improve-
ments designed to enhance the r~cruit-
ment and retention of physicians., den-
tists, nursing personnel, and other health
care personnel in the Departm'lnt of
Medicine and Surgery of the Ve erans'
Administration is called up and made the
pending business before the Senate, the
Senator from Virginia (Mr. WILLIAM L.
SCOTT'. have 30 minutes thereon and
the Senator from California (Mr. CRAN-
STON) have 5 minutes, and that the agree-
ment be in the usual form, with i time
limitation on any amendment of 3:) min-
utes, and a time limitation on any debat-
able motion, appeal, or point of order of
the same length.
The PRESIDING OFFICER. Is there
objection? Without objection, it is so
ordered.
Mr. CRANSTON. Mr. President, may I
ask when that bill will come up?
Mr. ROBERT C. BYRD. It h:Is not
been scheduled, but if there are any gaps
we will try to fill In with that bill.
Mr. CRANSTONV. I thank the Si-netor.
PARLIAMENTARY INQUIRY-SENA':'E RESC LUTION
145
Mr. ALLEN. Mr. President, a )rarlia-
mentary inquiry.
The PRESIDING OFFICER. Thar Sen-
ator will state it.
Mr. ALLEN. Mr. President, I am won-
dering about the cloture motion that the
distinguished assistant majority leader
referred to a momeht ago, with respect
to the motion to take up S. 1415. The
Chair will recall that last evening the
Senate----
The PRESIDING OFFICER. fienate
Resolution 145?
Mr. ALLEN. Yes, the Senate adjourned
until today, and Senate procedure says
-that a motion to proceed to considera-
tion o.` a matter, if unacted upon, dies
with an adjournment of the Senate. I
just wander If that matter could be be-
fore us on a cloture motion whe.s it is
dead.
The PRESIDING OFFICER. Tie mo-
tion dies, but the cloture has the effect
of reviving it for a vote, and at the t time
the rule is activated.
Mr. ALLEN. Would the same rile ap-
ply had the motion to proceec been
tabled? That is, would it revive a motion
that had been tabled?
The PRESIDING OFFICER. The
Chair is not advised of any precedent
on that particular situation, which is
not before the Senate.
Mr. ALLEN. I see. It seems to the Sen-
ator from Alabama that a motion is just
as dead whether it dies following an
adjournment or whether it is de'eated.
I merely ask for clarification; I Rio not
wish to :Hake a point of it.
The PRESIDING OFFICER. There is
precedent, however, that even though
the mi.t er that the cloture motion was
filed oa has been displaced, at the time
for the vote, the cloture revives i ;.
necessary to proceed with th lot e be made to do that inrraediat splaced is a far
vote in the Senate. Approved ~Or elea$ig @Q { f :r P t7M0Q144 ~4fJ1W l ~~t-btf it is di ;,laced,
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Ci f' 75T!~ r 1=
8 August 1975
MEMORANDUM FOR: John Warner
SUBJECT: Relief from the Freedom of Information Act
With respect to your July 25 memorandum regarding
relief from the Freedom of Information Act, the matter
is still of prime importance. As you know section 7.32
of the House Select Committee rules leaves the
disposition of documents at the conclusion of the life
of the committee an open question. I think by next
week we will have, hopefully, developed enough
credibility so that this issue can be taken up with
Chairman Pike or Searle Field. The idea of a letter
to the Church Committee makes good sense. Would
you please have a draft prepared. Thanks.
Special Counsel to the Director
Distribution:
OGC
OLC
SC/DCI
ER
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89TH CONGIMBs t HOUSE OF REPRESENTATIVES REPORT
1st Session j 5 No. 830
FOREIGN SI+'.R17ICl: Au AMENDMENTS OF 196:,
AUGUST 11), 1JGu.-Committed to the Committee of the Whole Honse on the State
of the Union and ordered to be printed
M.T. I1.11s, train the Conim4tee on Foreign Af drs, submitted the
folloui i>>.g
REPORT
['To accompany Flit. 62771
The Committee on Foreign Affairs, to whom was referred the bill
(I3.R.. 6377) to amend the Foreign Service Act of 1916, as amended,
and for other purposes, havino? considered the same, report favorably
thereon with amendments awl recommend that. the bill as amended
do pass.
The amendments, as they appear in the reported bill, areas follows:
1. Page 2, after line 2, add the following new sections:
Sro. 3. Section 201 of such Act is amended to read as
follows :
"Sic. 201. There shall be a, Director General of the Service
(hereafter in this Act referred to as the `Director General')
who shall be appointed by the President, by and with the
advice and, consent of the Senate, from among Foreign
Service officers in the classes of career ambassador or career
minister, or in class 1."
Src. 1. Section 211 of such Act is amended to read as
follows :
"S;.c. 211. There is hereby established the Board of the
Foreign Service to be composed of the Secretary of State or
an officer of the Department designated by him, who shall
be chairman; the Chairman of the Civil Service Commis-
sion; and such other members as the President may Desig-
nate, including representatives of those Government agencies
determined, by him to be substantially engaged in foreign
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89T.ri CONGRESS
1ST SESSION
Union Calendar No. 371
6277
[Report No. 830]
IN THE HOUSE OF REPRESENTATIVES
MARCH, 15,1965
Mr. IIAYS introduced the following bill; which was referred to the Com-
mittee on Foreign Affairs
AUGUST 19, 1965
Reported with amendments, committed to the Committee of the "Thole House
on the State of the Union, and ordered to be printed
[Omit the part struck through and insert the part printed in italic]
To
"IM
A-I& SP L4
amend the Foreign Service Act of 1946, as amended, and
for other purposes.
Be it enacted by the Senate and House of Representa-
gives of the United States of America in Congress assembled,
That this Act may be cited as the "Foreign Service Act
4 Amendments of 196 i".
Sic. 2. Section 111 (l.) of the Foreign Service Act of
I
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