1784 CO .GRESSIONAL RECORD- HOUSE Feb1·ua'Y'Y ;~, 197G HOUSE OF REPRESENT~t\TIVES-· Monday, February 2, 1976 The House met at 12 o'clock noon. The message also announced that the H.R. 8628 The Chaplain, Rev. Edward G. Latch, Senate had passed concurrent resolutions Be ·it enacted by the Senate ancl House D .D., offered the following prayer: of the following titles, in which the con­ of Representatives of the United States of currence of the House is reque ted: America in Cong1·ess assembled, That sec­ Let the words o.t my mouth and the tion 3 of the Act of August 20, 1912, chap­ meditation of my hea1·t, be acceptable in S. Con. Res. 84. Concurrent resolution au­ ter 309 (37 Stat. 319, 320), is amended to Thy sight, 0 Lord, my strength and my tborizi.ng the printing of the report of the proceedings of the 47th biennial meeting of read as follows: "That in compliance with redeemer.-Psalms 19: 14. the Convention of Alnerican Instructors of said conditions the principal of the sum w Eternal Father, from whom all bless­ the Deaf as a Senate document. received and paid into the Treasury of t11.e ings :flow, make us conscious of Thy United States shall be credited on the books S. Con. Res. 88. Concurrent rPsolution au­ of the Treasury Department as a perpetual prese:tlce as we lift our hearts unto Thee thorizing the printing of additional copies of trust fund; and the sum of two thousand in prayer. Prosper us in our noble en­ tlle open hearings and the final report of the dollars, being equivalent to 10 per centum deavors, sustain us in our times of trou­ Senate Select Committee on Intelligence Ac­ tivities; and on the principal of said trust fund, be, and ble. And keep us humble in periods of the same is hereby, appropriated, out of any happiness and success. S. Con. Res. 90. Concurrent resolution t.o in ap­ provide for a Committee on Inaugural .'\.r­ moneys the Treasury not otherwise VIle pray for those who guide our Na­ rangelne!1.ts. propriated, a.nd sncl• appropriation shall be tion. And in s-o doing contribute to peace deemed a permanent annual appropriation and justice within our borders and and sl1.all be expended in the manner and beyond. f0r the purposes herein authorized and as CONSENT CALENDAR provided in the said bequest: Provided, how­ Enlighten with Thy wisdom and The SPEAKER. This is Consent Cal­ ever, That the United States of America shall strengthen with Thy power our Presi­ pay interest on said principal only at an dent, our Speaker, Members of Congress endar day. The Clerk will call the first bill on the Consent Calendar. annual rate which is the higher of the rate and all who work on Capitol Hill and of 4 per centum per annum or a rate which throughout our land, that they may is 0.25 percentage points less than a rate guard our rights, keep us free, and make PROVIDING FOR ADJUSTING determined by the Secretary of the Treasury, us good. taking into consideration the <'urrent average AMOUNT OF INTEREST PAID ON market yield on outstanding marketable ob­ Grant that our faith in Thee and in FUNDS DEPOSITED WITH TREAS­ ligations of the United States with remain­ America may be strong enough to exalt URY OF THE UNITED STATES BY ing periods to maturity comparable to the our Nation in righteousness and good LIDRARY OF CONGR.ESS TRUST average maturities of such investments, ad­ will. FUND BOARD justed to the nearest one-eighth of 1 per In Thy holy name we pray. Amen. centum: Pro11ided further, however, That The Clerk called the bill (H.R. 8627) such rate shall not exceed 10 per centum per to provide for adjusting the amount of annum.". THE JOURNAL interest paid on funds deposited with the The bill was ordered to be engrossed The SPEAKER. The Chair has exam­ Treasury of the United States by the and read a third time, was read the third ined the Journal of the last day's pro­ Library of Congress Trust Fund Board. time, and pa sed, ar_d a motion to recon­ ceedings and announces to the House his There being no objection. the Clerk sider was laid on the table. approval thereof. read the bill as follows: The SPEAKER. This concludes the call Without objection, the Journal sbmds H.R.8627 of the eligible bills on the Consent approved. Be it enacted by the Senate and House Calendar. There was no objection. of Rep1·esentatives of the United States of America in Congress assembled, That sec- tion 2 of the Act of March s, 1925, chapter PUNXSUTAWNEY PHIL PREDICTS MESSAGE FROM THE PRESIDENT 423, as renumbered by the Act of April 13, (Mr. MURTHA asked and was given 1936, chapter 213 (2 u.s.c. 158) • is amended permission to address the House for 1 A message in writing from the Presi­ by striking out "the rate of 4 per centum per minute and to revise and extend hi dent of the United States was communi­ annum," and inserting in place thereof "a cated to the House by Mr. Heiting, one rate which is the higher of the rate of 4 remarks.) of his secretaries. per centum per annum or a rate which is 0.25 Mr. MURTHA. Mr. Speaker, there may percentage points less than a rate deter- be over 2 million gi'OUndhogs in the mined by the Secretary of the Treasury, tak- United States, but there is one that is ing into consideration the current average more important than all the other.­ MESSAGE FROM THE SENATE market yield on outstanding marketable ob- Punxsutawney Phil. A message from the Senate by Mr. ligations of the United States with remaining Punxsutawney Phil-who happens to periods to maturity comparable to the aver- Sparrow, one of its clerks, announced age maturities of such investments, adjust- be a constituent of mine-is the premier that the Senate had passed without ed to the nearest one-eighth of 1 per · groundhog who each February 2 has his amendment a concurrent resolution of centum". special day. Emerging from his home in the House of the following title: Jefferson County, Phil either sees his H. Con. Res. 535. Concurrent resolution The bill was ordered to be engrossed and read a third time, was read the third shadow-insuring . 6 more weeks of directing the Clerk of the House of Repre­ winter-or fails to cast his shadow­ sentatives to make a correction in the enroll­ time, and passed, and a motion to re­ ment of H.R. 5247. consider was laid on the table. meaning an early spring thaw. When people ask me· about his accuracy, I tell The message also announced that the them that in predicting the weather, Phil Senate had passed with an amendment is every bit as good as the Government's PROvroiNG FOR ADJUSTING in which the concurrence of the House economists are at predicting our eco­ is l'equested, a bill of the House of the AMOUNT OF INTEREST PAID ON nomic future. following title: FUNDS DEPOSITED WITH TREAS­ URY OF THE UNITED STATES PUR­ I am proud to report to the Members H.R. 5608. An act to extend until the close SUANT TO AN ACT OF AUGUST 20, on the results of this morning's excur.. jon of 1983 the pe1·iod in which a.ppropl'iations to Phil's home on Gobbler's Knob. Phil ro·e authorized to be appropriated for the ac­ 1912, TITLED "AN ACT TO ACCEPT saw his shadow in the early morning quisition of wetlands, to increase the ma.x­ AND FUND THE BEQUEST OF GER­ sunlight, so we can look forward to 6 im.um amount of such authorization, and for TRUDE M. HUBBARD" other p'lU'poses. more weeks of winter. The Clerk called the bill 'H.R. 8628) In celebration of Groundhog Day I The message also announced that ·the to provide for adjusting the amount of hope you will all go home this evening Senate agrees to the amendment of the interest paid on funds deposited with and toast Phil with a cup of Punxsu­ House to the amendment of the Senate the Treasury of the United States pur­ tawney Punch. The :-eceipt calls for 1 to a concurrent resolution of the House suant to an act of August 20, 1912, titled gallon of fresh cider, 1 pint of applejack, of the following title: "An Act to accept and fund the bequest and thin slices of red apple. H. Con. Res. 533. Concurrent resolution of Gertrude M. Hubbard" (37 Stat. 319). on behalf of the Punxsutawney rei­ directing the Secretary of the Senate to make There being no objection, the Clerk dents and Phil, I wish the House a happy corrections in the enrollment of s. 2718. read the bill as follows: Groundhog Day. Februa1y 2, 1976 CONGRESSIONAL RECORD- HOUSE 1785 APPOINTMENT OF CONFEREES ON who do support reestablishment of an TENTH ANNUAL REPORT OF THE H.R. 7988, NATIONAL BIOMEDI­ FEC would burden such a bill with addi­ DEPARTMENT OF HOUSING AND CAL, HEART, BLOOD VESSEL, tional features such as congressional URBAN DEVELOPMENT- MES­ LUNG, BLOOD, AND RESEARCH public financing, post card registration, SAGE FROM THE PRESIDENT OF TRAINING ACT OF 1975 a.nd so forth, which might attract a veto. THE UNITED STATES (H. DOC. NO. 94-346) Mr. STAGGERS. Mr. Speaker, I ask Therefore, it will take extraordinary unanimous consent to take from the leadership in this Congress to see that a The SPEAKER laid before the House Speaker's table the bill

hogs knows that only one gr~>Undhog ever tween "authorized" and "unauthorized" ex­ a corporation, a union, or from some had any sense at all a.bout weather fore­ penditures on behalf of a candidate; even other organization or group; contribu­ casting. those with, the most sanguine hopes for the ·That was Old Blue, the Rosedale ground­ Act might well concede that the distinction tions to them are not limited nor are ex­ hog. cannot be maintained. · penditures from them limited so long as there is no direct relationship with The Chief Justice then goes on to quote any candidate or cause they espouse. I LANDMARK DECISION BY . U.S. the Senate report on the bill, and then he suspect this part of the ruling will serve SUPREME COURT ON FEDERAL says: to create far more special groups than ELECTION CAMPAIGN ACT OF 1974 Given the unfortunate record of past at­ we have heretofore seen. The SPEAKER pro tempore

~ere are sonae precedents for such make sure that we d() our work within cclpt o:f post-election fundS or are not n ­ conditions t:uid limitations. The Board of the time framework established by the titled to any funds if their candidate receive:; Directors of the Corporation for Public Court. less than 5% of the vote. A primary candidate for the Pr~sidential nomination by a p oliti"al Broadcasting offers one exanaple. The Mr. Speaker, I would urge my col­ party who receives more than $5,000 from u.s. Railway Association, another ex­ leagues to look carefully at the decision. private sources (rotmting only t he first $250 ample, has a Board of 11 naembers ap­ It is long, though it is not quite as long of each contribut ion) in each of at least 20 :oointed by the President, 7 of them from as some might at first think. Much of the St ates is eligible for mat ching public funds. lists subnaitted from a range of sources. decision-about 100 pages-is a republi­ Appellants (various federal officeholders and If we decided not to have an independ­ cation of the law. There actually are candidat es, support ing political organiza­ about 137 pages, from page 1 to page 137, t ions, and ot hers) brought suit against ap­ ent Comnaission, then who is to do the pellees (the Secretary of the Sen ate, Clerk of job? Who is to issue rulings? Who is to that each Member should read. I will t he House, Comptroller Gen eral, At t orney certify which candidates are eligible for include here a copy of the summary read General, and the Commission) seeking de­ subtitle H funds? Who is it that wiD by the Chief Justice on Friday morning: clarat ory and injunctive relief against the carry on the vital work now carried on [I n the Supreme Court of the United Stat-es, above stat utory provisions on various consti­ by the Federal Election Commission? No. 75-436. Argued November 10, 1975- t ution al grounds. Th e Court of Appeals, on Mr. Speaker, !o1· myself, I happen to Decided January 30, 1976* 1 certified questions from the District Court, believe an independent Commission is Syllabus: Buckley et al. v. Valeo, Secretary upheld all but one of the statutory provi­ of the United States Senat e, et al. sions. A three-judge District Court upheld the proper route to take. There is a bill t h e constitutionality of Subtitle H. Held: APPEAL FROM THE UNITED STATES COURT OF pending before the Committee on House 1. This litigation presents an Art. ill "case Administration (H.R. 9076) which would APPEALS FOR THE DISTRICT OF COLUMBIA CmcUIT or controversy," since the complaint discloses l'econstitute the Commission as an in­ t hat at least some of the appellants have a dependent agency appointed by the The Federal Elect ion Campaign Act of 1971 sufficient "personal stake" in a determination President and confirmed by the Senate. (Act), as amended in 1974, (a) limits politi­ of the constitutional validity of each of the My hope is that our committee in the cal con tributions to candidates for federal challenged provisions to present ".a real and elect ive office by an individual or a group to substantial controversy admitting of spe­ House will move expeditiously in order to $1,000 and by a political committee to $5,000 cific· relief through a decree of a conclusive ascertain what can be done on this issue. to any single candidate per election, with an character, as distinguished from an opinion 'I'he time is short. overall annual limitation of $25,000 by an advising what the law would be upon a hypo­ Then, Mr. Speaker, one other problem. individual contributor; (b) limits expendi­ t hetical state of facts." Aetna Life Ins. Co. v. There will, I suspect, be an increase in ttu·es by individuals or groups "relative to a Haworth, 300 U. S. 227, 241. Pp. 6-7. pressure from groups like Common Cause clearly identified candidate" to $1,000 per 2. The Act's contribution provisions are to provide financing of congressional candidate per election, and by a candidate constitutional, but the expenditure provi­ campaigns. The Court's decision to up­ from his personal or family funds to various sions violate the First Amendment. Pp. 7- 53. specified annual amounts depending upon (a) The contribution provisions, along hold the constitutionality of Federal con­ the federal office sought, and restricts overall with those covering disclosure, are appropri­ tributions, of matching contributions to general election and primary campaign ex­ ate legislative weapons against the reality campaigns will, I am sure, put more penditures by candidates to various specified or appearance of improper influence stem­ steam into such a stampede. amounts, again depending upon the federal ming. from the dependence of candidates on I am not persuaded that that is the office sought; (c) requires political commit­ large campaign contributions, and the ceil­ 1·ight approach at this moment. I am tees to keep detailed records of contributions ings imposed accordingly serve the basic and expenditures, including the name and governmental interest in safeguat·ding the skeptical of decisions reached in haste. address of each individual contributing in I integrity of the electoral process without di­ And, think it is a problem which the excess of $10, and his occupation and princi­ rectly impinging upon the rights of indivi­ Court decision poses for us; that is, given pal place of business if his contribution ex­ dual citizens and candidates to engage in the fact the premium now is put on ceeds $100, and to file quarterly reports with political debate and discussion. Pp. 17-33. wealth; given the fact special groups and t he F'ederal Election Commission disclosing (b) The First Amendment requires the in ­ organizations can be formed without the source of every contribution exceeding validation of the expenditure provisions, limits on expenditures, what does one do $100 and the 1·ecipient and purpose of every since those provisions place substantial and to offset that obvious advantage that will expenditure over lillOO, and also requires every direct restrictions on the abUity of candi­ go to certain groups or individuals in the indiVidual or group, other than a candidate dates, citizens, and associations to engage in or political committee, making contributions protected political expression, restrictions society as compared to the nonwealthy or expenditures exceeding $100 "other than that the First Amendment cannot tolerate. individual running for a Federal office? by contribution to a political committee or Pp. 33-52. I think the wise answer is to follow the candidate" to file a statement with the Com­ 3. The Act's disclosure and recordkeeping advice of the Chief Justice and basically mission; and (d) creates the eight-member provisions are constitutional. Pp. 54-79. go back and look at how low we set the Commission as the administering a.gency with (a) The general disclosure provision. , contribution limits. The Court clea1·J.y recordkeeping, disclosure, and :Investigatory which serve substantial governmental in ­ sustained the contribution limits im­ functions and extensive rulemaking, adjudi­ terests in informing the electorate and pre­ posed by the Federal Election Campaign catory, and enforcement powers, and consist­ venting the corruption of the political proc­ ing of two members appointed by the Presi­ ess, are not overboard insofar as they apply Amendments of 1974, though its reason­ dent pro tempore of the Senate, two by the to contributions to minor parties and inde­ ing leaves something to be desired. I Speaker of the House, and two by the Presi­ pendent candidates. No blanket exemption think now we must weigh that constitu­ dent (all subject to confirmation by both for minor parties is warranted since such tional judgment against the obvious in­ Houses of Congress) , and the Secretary of parties in order to prove injury as a result equity it has created. t b.e Senate and the Clerk of the House as of application to them of the disclosure ex officio nonvoting members. Subtitle H of As ·for myself, I think we should raise provisions need show only a reasonable prob 7 the contribution limits to, let us say, a the Internal Revenue Code of 1954 (IRC), as ability that tb.e compelled disclosure of a amended in 1974, provides for public financ­ party's contributors' names will subject them figure of $10,000 for an individual to con­ ing of Presidential nominating conventions to threats, harassment, or reprisals in viola­ tribute to a Federe:tl campaign; and per­ and general election and primary campaigns tion of their First Amendment associational haps something like $20,000, or $25,000 from general revenues and allocates such rights. Pp. 5H9. for groups or committees who contl'ib­ funding to conventions and general election (b) The provision for disclosure by those ute to an individual's campaign. If that is campaigns by establishing three categories: who make independent contributions and ex­ done, the nonwealthy candidate will have (1) "major" parties (those whose candidate penditures, as narrowly construed to apply a chance to obtain seed money and will received 25% or more of the vote in the most only ( 1) when they make contribution s ear ­ recent election), which receive full funding; marked for political purposes or authorized do more to correct the inequity created (2) "minor" parties (those whose candidate or requested by a candidate or his agent t o by the court. received at least 5% but less than 25% of the some person other than a candidate or politi­ Yes. there is a state of confusion. My votes .at the last election), which receive only cal committee and (2) when they make an own view is that it is time, within the a percentage of the funds to which the major expenditure for a communication that ex­ parties are entitled; and (3) "new" parties pressly advocates the election or defeat of limits imposed by the Court, to reshape (a.ll other parties), which are limited to re- a clearly identified candidate is not uncon­ the Commission. If we fail to do so, the stitutionally vague and does not constitute Congress of the United States will de­ . •Together with No. '75-437, B~tckley d al. a prior restraint but is a reasonable and ~ erve a very low standing amongst our v. Valeo, Secretary of the United States Sen­ minimally restrictive method of furthering constituents. Co~ess ought not to pass ate, et al., on appeal from the United States First Amendment values by public exposure up the chance to correct the law and to District Court for the Df.strict of Columbia. of the federal election system. Pp. 69-,76. February 2, 1976 CONGRESSI01 AL RECORD- HOUSE 1793

(c) The extension of the recordkeeping pro­ GE~, C. J., and \¥HITE, MARSHALTJ, BLACKl\1:UN, ceilings, some well-financed candidates may visions to contributions as small as those and REHNQUIST, JJ., filed opinions con­ still be able to drown their opposition in a just above $10 {tnd the disclosure provisions curring in part and dissenting in part. flood of advertising, mailings and teleph~me to contributions above $100 is not on this STEVENS, J., took no part in the consideration appeals. Wealthy candidates will have a.t record overbroad since it cannot be said to be or decision of these cases. least an initial edge over those who have to unrelated to the informational and enforce­ solicit large numbers of small contrih'utious. ment goals of the legislation. Pp. 76-78. As a result of the Court decision, we Moreover, in practice the distinction bet·ween 4. Subtitle H of the IRC is constitutional. now have a restatement of the first "coordinated" and "independent" spending Pp. 79-103. amendment rights of the American peo­ will be hard to make; gt•oups backing candi­ (a) Subtitle H is not invalid under the ple to participate fully in the political dates are likely to launch lavish 'independ­ General Welfare Clause but, as a means to process. We have undone the single ent" drives to get around the contribution reform the electoral process, was clearly a greatest harm of the Federal Election limits. choice within the power granted to Congress Act Many opponents of unchecked spending by the Clause to decide which expenditures Campaign so that now incumbents view these possibilities as loopholes op ned will promote the general welfare. Pp. 84-86. can be effectively challenged at the polls. by the Court. But one man's loophole is an­ (b) Nor does Subtitle H violate the F'irst As Chief Justice Burger concluded his other man's liberty. To the Court, these are .Amendment. Rather than abridging, restrict­ rema1·ks: fundamental aspects of freedom which, ho'.XT­ ing, or censoring speech, it represents an ef­ Congress can no more ration political ex­ ever troubling in some ways, may not be fort to use public money to facilitate and pression than it can ration religious expres­ abridged. "The First Amendment," the Court enlarge public discussion and participation sion. . . . There are many prices we pay for said, '·denies government the power to deter­ in the electoral process. Pp. 86-87. the freedoms secured by the First Amend­ mine that spending to promote one's political (c) Subtitle H, being less burdensome than ment; the risk of undue influence is one of views is wasteful, excessive, or unwise." The ballot-access regulations and having been them, confirming what we have long known: Constitution leaves such judgments. to the enacted in furtherance of vital Governmental freedom is 11a.zardous, but some re3traints people. In our view this is persuasive-which interests in relieving major-party candidates are worse. is another way of saying that the Court's from. the rigors of soliciting private contri­ \veil-reasoned opinion has afllicted us with butions, in not funding candidates who lack We did a good job in establishing an some sober second thoughts about our advo­ significant public support, and in eliminating independent Commission; we merely did cacy of spendiug controls. While we persist reliance on large private contributions for a poor job in drafting the appointment in our belief that we ha,d our eye on the right funding of conventions and campaigns, does language tha.t we did. problem-the inequitable advantage which not invidiously discriminate against minor In the next few days I hope the Mem­ easy access to money gives to some wen­ and new parties in violation of the Due Proc­ bers of this House will give most careful situated candidates-we may well not have ess Clauses of the Fifth Amendment. Pp. 87- had the right solution. We are persuaded by 102. attention to the challenges now posed the constitutional questions raised by the (d) Invalidation of tlle spending-limit to us as legislators by the dictum of the Court. But we remain convinced. that there provisions of the Act does not render Sub­ Court. The Court has said, in summary, are important inequities which the Court's title H unconstitutional, but the Subtitle is "Much of the law is bad, go back and constitutional argument leaves unresolved, severable from such provisions and is not correct it." and indeed some v(rh!ch the decision has dependent upon the existence of a generally I hope we will have the courage nd aggravated. applicabl~ expenditure limit. Pp. 102-103. The Court did sanction one promising al­ 5. The Commission's composition as t.o the willingness to do so. I like in­ ternative by upholding public financing of all but its investigatol'y and informative Mr. Speaker, would a-lso to presidential campaigns. This approach, being powers violates Art. Ir, § 2, cl. 2. With respect clude as part of my remarks the editorial tried for the first time this year, gives a fi­ to the Commission's powers, all of which from today's Washington Post: nancial boost to all qualified candidates ancl are ripe for review, to enforce the Act, in­ CAMPAIGN FINANCE: SECOND THOUGHTS lessens their dependence on private funds. cluding primary responsibility for bringing One function of the Supreme Court is to It also offers a means of holding down cam­ civil actions against violators, to make rules provide a sober second thought about laws paign costs because the Court did. approve for carrying out the Act, to temporarily dis­ and policies adopted in times of stress. The the imposition of spending limits as a con­ qualify federal candidates for failing to file Court has met this reflective obligation with dition of public grants-as long as candi­ required reports, and to authorize convention imp1·essive care in its decision on the 1974 dates are free to forego public funds and expenditures in excess of the specified limits, campaign financing law, Congress' complex spend unlimited amounts :from private '.;he provisions of the Act vesting such powers attempt t o 1·educe the corrosive influence of sources if they prefer. All this makes public in the Commission and the prescribed money in politics. In upholding many parts financing attractive. But the program is still method of appoh1.tment of members of the of the law and striking down others, the at an experimental stage and should not be Commission to the extent that a majority Com·t has established a legal framework for touted as a panacea, especially not until it of the voting members are appointed by the this year's campaigns. It has also emphasized can be evaluated after this year's campaigns. President p1·o tempore of the senate and the some constitutional issues which the ad­ Finally, in the step that will have the Speaker of the House. violate the Appoint­ vocates of regulation. including ourselves, greatest immediate impact, the Court unani­ xuents Clause. which provides in pertinent may not have paid enough attention to in mously struck down enforcement of any part that the President shall nominate, and the first post-Watergate clamor for controls. campaign laws by the Federal Elections Com­ with the Senate's advice and consent appoint, The most hnportant aspects of the ruling mission on the ground that Congress had all "Officers of the United States," whose define how far the regulation of campaign violated the principle of separation of appointmeuts are not otherwise provided for, spending may reach without running into powers by retaining too large a role iu ap­ but that Congress· may vest the appointment the First Amendment's guarantee of free po­ pointing the panel's membership. The Court of such inferior officers, as it deems proper, litical expression. The Court emphatically thus slapped the hands of Rep. Wayne L. in the President alone, in the courts, or in upheld detailed disclosure of the sources and Hays ·( D-Ohio) and other legislators who tho heads of departments. Hence (though uses of campaign funds. A majority also have tried to keep the FEC under their the Commission's past acts are accorded de approved limits on contributions t<> presi­ thumbs. Congress, the Court said in effect, facto validity and a stay is granted permit­ dential and congressional campaigns, but must choose between truly independent en­ ting it to function unde:r the Act for not rejected ceilings on spending as an inter­ forcement and. no elections board at all. Fur­ more than 30 days) , the Commission, as ference with free speech. This means that thermore, the choice must be made in the presently constituted, may not because of candidates are free to spend as much as they next 30 days, before the FEC closes its. doors. that Clause exercise such powers, although can raise from their own funds or contribu­ Otherwise all the parts of the law upheld it may exercise such hwestigatory and in­ tions that do not exceed the limits. It also last week-including public disclosure and formative powers as are in the same category means that individuals and groups may not as those powers that Congress might delegate matching grants to presidential candidates­ give huge amounts to candidates~ but may to one of its own committees. Pp. 103-137. will be in limbo. Such disarray would be in­ spend whatever they want to independently. tolerable with so many campaigns already No. 75-436, -- U.S. App. D.C. --, 519 The only private political outlays Congress F. 2d 821, affirmed in part and reversed in under way. The tasl\: for- Congress could uot may constitutionally limit, the Court con­ be more clear. Both houses should resis-t any part; No. 75-437. 401 F. Supp. 1235, affirmed. cluded, are those involving some transaction The Court issued a. per curiam opinion. in impulses to toy with the law, and quickly Which BRENNAN. STEWART, and POWELL, JJ., between a candidate and a supporter-a con­ tribution, a loan, a prearrangement or a deal. pass a simple act reshaping the elections joined; in all but Part I-C-2 of which panel in a form that wiU meet the constitu­ Those a1-e the areas in which corruption and MARSHALL, J., joined; in all but Part 1-B Of tional test. Which BLACKMUN, J., joined; in all but Part the appearauce of corruption most readily III-B-1 of which REHNQUIST, J., joined; in arise. Partsi-C and IV (except insofar as it accords Full disclosure and contributions limits THE NATURAL GAS RULE de facto validity for past acts of the Com­ should do much to combat the excessive or mission) of which BuRGER, C. J .• joined; and improper Influence of monied Interests. But The SPEAKER pro tempore. Under a ln. Part DI of which WHITE. J., joined. BUR- serious problems :remain. Without spending previous order of the House, the gentle- CXX!I-- 114--Part 2 1794 CONGRESSIONAL RECORD- HOUSE Febt·ua,ry 2,- 1976 man from (Ml'. ANDERSON) is House Resolution 937 differs only in recognize any member of the committee recognized for 30 minutes. that it does not contain the 7-day or to call up the bill and thereby leave the Mr. ANDERSON of Tilinois. Mr. Speak­ committee authorization conditions. This door open for the chairman to exercise .er, over the past few weeks there has was done in recognition of the fact that his prerogative. So we have granted a been a rash of "Dear Colleague" letters a committee majority may not be pleased more regular rule than those cited in the and statements in the press and CoN:-­ with a rule making in order the offering precedents I have just mentioned. More­ GRESSIONAL RECORD attacking the natural of two amendments rejected in commit­ over, it is a rule for a bill which has been gas rule (H. Res. 937) as being extraor­ tee, even though a House majority has properly reported from committee and, dinary, unusual, almost unprecedented, already agreed to consider the amend­ therefore, is not as drastic as those rule unfair, unjust, immoral, perverted, ir­ lnents by adopting the rule. There should which discharged committees of further regular, shameful, high-handed, under­ be no question as to which majority consideration of bills not yet reported. handed, heavy-handed, and left-handed. should prevail in such a situation. One of WHY MAKE NONGERMANE AMENDMENTS IN To all this I say, "Hogwash." v~·hat all the roles of the Rules Committee is to ORDER? these criticisms boil down to is one sim­ make it possible for the full House to The natural gas rule has been criti-­ ple fact: The opponents of this ruie do work its will on legislation, despite the cized because it makes two nongermana not want to give the House a chance to objections of a determined minority. amendments in order for consideration debate and vote on the issue of long­ IS THE RULE UNPRECEDENTED? by the House. Is this so unusual? Of term deregulation of natural gas, even Is all this unprecedented? Certainly though the House will have to go to con­ course not. The Rules Committee has not when you consider that there are granted such rules on numerous occa­ ference with the Senate on this very several instances in which the Rules proposition. sions in order to give the House the Committee has granted rules making in fullest possible options to choose from. WHY A SPECIAL RULE order the immediate consideration of Last year, for instance, the Rules Com­ The Rules Committee, by a 12 to 4 bills not even reported from committee. mittee, under binding instructions from margin, granted this rule after hearing Citing from Deschler's Procedure: the Democratic Caucus, granted a special from nine witnesses over several hours On August 19, 1964, t~e House adopted rule on the Tax Reduction Act making in on Tuesday, December 16, 1975. Why' did House Resolution 845 which provided for im­ mediate consideration of a reapportionment order not only a nongermane amend­ we grant a rule permitting any member ment, but a completely unrelated and ir­ of the Interstate and Foreign Commerce bill still pending in the Judiciary Committee (Chapter 21, § 20.4); on June 25, 1965, the relevant amendment--the Green oil and Committee to call up the bill once the House> adopted House Resolution 433 which gas depletion allowance repealer, con­ rule has been adopted? Quite simply be­ provided for the immediate consideration of trary to the request and wishes of the cause the chairman of the committee and an Area Redevelopment Act extension still chairman and majority of the Ways and chairman of the Energy Subcommittee pending in the Banking and Currency Com­ Means Committee which had reported testified that they did not seek nor want mittee (Chapter 21, § 20.3); on February 9, the tax bill. Incidentally, 9 of the 10 a rule on the bill, even e.fter being denied 1972 the House adopted House Resolution their request to bring up the bill under 796 providing for the immediate considera­ Democrats on the Interstate Subcommit­ suspension of the rules which permits tion of emergency dock strike legislation still tee on Energy voted for that very ex­ only 40 minutes of debate and no amend­ pending in the Education and Labor Com­ traordinary rule: Chairman DINGELL, Mr. mittee (Chapter 21, § 20.1); on August 17, WIRTH, Mr. SHARP, Mr. BRODHEAD, Mr. mends. All this despite the "committee 1972, the House adopted House Resolution MURPHY of New York, Mr. ECKHARDT, Mr. bill of rights" incorporated in our rules 1090 providing for the immediate considera­ .with the 1970 Legislative Reorganization tion of an equal educational opportunities OTTINGER, Mr. MOFFETT, and Mr. MAGUIRE Ac·t which obligates a chairman "to re­ bill still pending in the Education and Labor (CONGRESSIONAL RECORD, February 27, port or cause to be reported promptly to . Committee. (Chapter 29, § 1.5). 1975, Roll No. 30). Many of these same the House any measure approved by the people are now complaining about this Keep in mind that in each of these in­ more germane natural gas rule because committee and to take or cause to be stances, upon adoption of the rule, the taken necessary steps to bring the mat· it is not what the chairman and · com­ House automatically resolved itself into mittee majority want. ter to a vote." (House rule XI, clause 2 the Committee of the Whole to consider (1) (1) (A).) In the present instance, at least, the these measures, and it was not left to the two substitute amendments made in or­ We are still mindful of the case of the discretion of the commi~~ee chairmen to metric conversion bill in 1974 in which der by the ruie are directly related to call up the bills. the subject matter of the bill-natural the chairman, unhappy with the type of The most recent instance of this, iron­ rule granted decided to circumvent the gas. Moreover, testimony taken in the ically, occurred on January 31, 1973, on Rules Committee reveals that the Krue­ reguiar procedure by calling the bill up House Resolution 176 which provided under suspension of the rules. After it ger deregulation amendment would have that, and I quote, "Immediately upon been germane to the original H.R. 9464, failed to receive a two-thirds vote he the adoption of this resolution the House explained he had brought it up under which amended the Natural Gas Act, but shall proceed to the consideration of the was ruled nong·ermane to the substitute suspension "to get rid of it." resolution (H. Res. 132) ." That res­ If, as the Energy Subcommittee chair­ offered in markup which did not amend olution, you will recall, created a se­ that act. As subcommittee Chairman man promised under questioning, he lect committee to study the reform of our would call up the bill after House Reso­ DINGELL testified before the Rules Com­ House committee system. This particular mittee: lution 937 were adopted over his objec­ rule, House Resolution 176, is referred tions, this whole question of recognition The chairman of the subcommittee and to in Deschler's Procedure as follows: committee also crafted it (the substitute) so will become academic since he would Where the House adopts a resolution pro­ we could not find ourselves affronted with obviously be the first person recognized viding for the immediate consideration of a immediate deregulation of natural gas .... for that purpose. If for some reason he resolution in the House, the Speaker directs were reluctant to call up the bill after the Clerk to report that resolution without Congressman BoLLING summarized as this rule were adopted, the House would its being called up by the Member in charge follows: be assured that someone on the commit­ (Chapter 29, § 1.3) I think that the testimony would make it very clear that circumstances beyond their tee would call it up. This is not so differ­ I say this is ironic because the Member ent from another portion of the "com­ control and circumstances within their con­ in charge of House Resolution 132 and trol caused them to use, I hesitate to say the mittee bill of rights" incorporated in our who ordinarily would have been recog­ word "trickery," but to use legislative tech­ House rules in 1970 which gives the nized under a regular rule to call up that niques in order to avoid the opportunity of Speaker authority to recognize any mem­ resolution was the gentleman from Mis­ the opponents of the majority's point of view ber of the committee to call up a bill if souri . That rule does that we should not grant such an auto .. this rule, the Brown 7-year deregulation require that the Member be duly author­ matic consideration rule. That is why, in experiment, was not ruled nongermane ized by a committee majority to call up the alternative, we drafted the rule we in the subcommittee or full committee, the biD. did, which authorizes the Speaker to but lost on a 19-to-19 tie vote in full February 2, 1976 CONGRESSIONAL RECORD-· HOUSE 1795 committee. Nevertheless, it, too, must be Fraser amendment especially in order mittee when it comes up· for considera­ protected against a point of order be­ under the rule we granted, since we were tion tomorrow. cause of its contract terms. It would be informed that no germaneness pi'oblem unc.onscionable to deny the House a was · involved: chance to vote on these two important CONCLUSION DISCRIMINATION AGAINST HUN­ alternatives-one of which was bumped In conclusion, Mr. Speaker, the Rules GARIANS IN ROMANIA by a procedural swap in midstream, and Committee majority has been unfairly The SPEAKER pro tempore. Under a the other of which was supported by half maligned, in my opinion, with respect to previous order of the House, the gentle.­ the committee's membership. this rule. One dear colleague letter even man from California. (Mr. GOLDWATER) DOES THE RULE DISCHARGE THE INTERSTATE accused us of being in league with the is recognized for 5 minutes. COMMITTEE? gas industry or unwitting dupes. This is Mr. GOLDWATER. Mr. Speaker, peo­ The charge has been made that this absurd and an insult to our intelligence ple living under Communist rule still rule discharges the Interstate and For­ and integrity. As I have attempted to yearn for the restoration of their human eign Commerce Committee from further bring out in this special order, there were and civil rights despite the propaganda consideration of long-term deregulation ample ·legitimate reasons for granting put out by detente politicians that they legislation. This is sheer nonsense. The such a special rule, based on the testi­ are now satisfied with their lot and that rule does not discharge the committee of mony we received. First, because the 8JP­ detente is helping to improve their anything. It simply makes in order two propriate chairmen sought to limit debate situation. substitute amendments to H.R. 9464 and preclude amendments by bringing Besides the celebrated Russian dissi­ which were offe.red in committee and their bill up under the suspension proce­ dents who are awakening the world's subsequently printed in th~ CoNGREs­ dure; second, because they did not seek a conscience, we have a new case in point SIONAL RECORD of December 8, 1975. The rule even after being refused the suspen­ in the leaders of the National Councils of fact that the energy subcommittee may_ sion route by the Speaker; and third, be­ Hungarian and German Workers in have subsequently begun hearings on cause they even objected to House con­ Romania. various long-term solutions to the natu­ sideration of a proposal defeated on a According to the very authoritative ral gas problem does not ipso facto grant 19-to-19 tie vote in the committee and West German daily, the Frankfurter All­ ex post facto discharge status to the rule used procedural gimmickry to prevent gemeine Zeitung o:f November 11, 1975, we granted. The rule makes no reference consideration of another proposal. these leaders, mostly nominal party to any bill other than H.R. 9464. In short, Mr. Speaker, the leaders for members and handpicked candidates of The most recent hearings are relevant this bill have clearly demonstrated that President Ceaucescu and the Romanian only to the extent that they should fur­ they do not want to give the House a Communist Party to lead the 2.5 million ther prepare Members to debate the de­ choice and are even reluctant to bring up Hungarian and 600,000 German origin regulation issue .once this rule has been any bill. The Rules Committee acted as citizens in Romania have accused the adopted and the two substitutes made in it did in order to give the full House a government of discrimination against order. As the gentleman from Ohio (Mr. chance to vote on the widest possible their communities and asked for reme­ BROWN) recently obseTved, though, the range of choices. If the House should dial action by the government and also hearings have been "redundant." That is choose to deny itself that opportunity by the establishment of a ''Transylvanian understandable since this ground has al­ defeating this rule, then so be it; at Commission" at the U.N. Human Rights ready been gone over in two sets of House least our committee will not be vulnera­ Commission. hearings in this Congress alone. not to ble to the charge of thwarting majority In view of the Provisions of the Ro­ mention the volumes of hearings and will. Every decision we make is in public manian Constitution making "chauvin­ reams of studies compiled on the deregu­ session and subject to acceptance or re­ ist-nationalist agitation'~ a crime and the lation issue over the last 20 years. In jection by a House majority. Our rules past practices of the police, the mem­ fact, the House first voted for deregula­ do not pass judgment on the substantive orandum took great personal courage. tion of natural gas back in 1955. merits of an issue, but rather are proce­ It is notable that the demands of the IS THE RULE LOADED? dural devices to give the House a chance memorandum were substantially iden­ The charge has been made that the to make a determination on such issues. tical with the areas of concern outlined rule is loaded in favor of deregulation Mr. Speaker, I am a bit disappointed in our letter to President Ford which I proponents. It is no more loaded than that the most vociferous critics of this and 38 colleagues signed on July 22, 1975, any other rule we have granted which rule are of the same stripe as those who before the President's departure to gives the authors of major substitutes fought for the so-called committee bill of Bucharest. made in order time to explain their po­ rights to permit the full House to work It is an eloquent testimony to the sition during general debate. And in this its will despite the delaying and obstruc­ solid popular suppo1·t these leaders en­ case, Mr. KRUEGER has already promised tive tactics of a determined minority, I joy in their respective communities that to allot half his debate time to opponents find it difficult to reconcile their past even President Ceaucescu,. plagued by of his amendment. The .other 2 hours are sunshine and openness reformer zeal economic inefficiency, :floods and low pro­ divided between the majority and mi­ with their present efforts to block House ductivity rates while ambitiously trying nority parties and not between oppo­ consideration of various alternatives. to expand industry failed to proceed with nents and proponents of deregulation. I What they are saying in effect is, "It is secret police means. Rather, he appeared am certain that those controlling time all right to give the House a very limited at their annual convention, appealed to on both sides will be completely fair in choice and prevent consideration of other their commitment as Ma-rxist-Leninist.:;, granting time to those who wish to speak, options, so long as that limited choise emphasized that only higher production regardless of their position. At this point, happens to be the approach we favor." rates and devotion to ideology can solve we would do well to recall that under the Mr. Speaker, this is nothing more than the national question and admitted tax reduction rule, which made in order blatant hypocrisy and a clear demonstra­ shortcomings. He even promised some the Green and ·wilson oil and gas deple­ tion that they do not trust the House remedies at the coming Cultural Congress tion amendments, and for which they majority to exe1·cise its independent in 1977. were each given a half-hour of general judgment on such matters. If they are At the same time. however, he also debate time, only 10 minutes were per­ truly interested in openness and trust warned against "chauvinist-nationalist mitted for debate on each amendment the House to make the wise decision on manifestations" which cannot be toler­ due to the closed nature of the rule pro­ the basis of the facts, then they should ated. He even referred indil'ectJ:y to the hibiting even germane amendments to support this rule as reported and permit activities of my colleagues in the House those amendments. In the present in­ us to proceed with debate on the substan­ and the Senate who had denounced last stance, there is no such prohibition on tive merits of the alternatives involved. year the oppression of Romanian citi­ amendments and any amendments to The merits of these issues obviously can­ zens, particularly those of non-Romanian either the Krueger or Brown substitutes, not be adequately discussed or resolved mother tongues and the actions of the including the Fraser substitute, may be during the brief hour of debate on the American Hungarian Federation and the debated under the 5-minute rule for as rule. l, therefore, urge my colleagues to American Hungarian Reformed Church long as any Membe1· wishes to use his 5 vote for the ·adoption of House Reso­ who have submitted the case to the Hu- . niinutes ..There wa.S no need to make the lution 937· as repr to the date of enactment hereof pur­ remain intact; that Commission jUl'isdiction prehensive data on natural gas. Section 207 suant to limited certificates (five years or over sales of "new natural gas" from off­ would grant such authority. less) or temporary emergency contracts shall shore Federal lands should continue in modi­ Section 208.-This section of the Natural not be considered, for the purpose of this fied form only through 1980; and that all Commission jurisdiction over sales for re­ Gas .Act Amendments of 1975 proposes the provision, as having been dedicated to inter­ following three new sections to the Natural state commerce. sale in interstate commerce of new on-shore Gas Act: 2. Natural gas continued in interstate gas should cease to exist upon the effective date of the Natural Gas Act Amendments of 1. New section 24 establishes regulatory commerce after the exph·ation of a contract criteria for sales of new offshore gas. by its own terms (and not through the 1975). Nothing contained in proposed sec­ tion 205 of the bill is to be construed as 2. New section 25 establishes, in the con­ exercise of any power to terminate or re­ text of pipeline by pipeline curtailment pro­ negotiate contained therein). authorizing the FPC to exercise any well­ head rate jurisdiction over a sale of new on­ ceedings, priorities for essential uses of nat­ 3. Natural gas produced from wells com­ ural gas but should not be construed as menced on or January 1, 1976. shore gas to an inte1·state pipeline, except Section 205(a) .-Section 205(a) amends where it produces natural gas from its own authorizing or directing the allocation of existing section 4 of the Natural Gas Act properties o1· purchases from an affiliate. natural gas as between pipelines. to accommodate the new regulatory struc­ Section 206.-Bection 206 amends existing 3. New section 27 establishes a basis for ture mandated by the Natural Gas Act section o(a) of the Natural Gas Act -'-:> ac­ phasing out consumption of natural gas for Amendments of 1975. Existing section 4 re­ commodate the new regulatory structure boiler fuel use in generating electricity for quires FPC regulation of all sales for resale mandated by the Natural Gas Act Amend­ distribution. in interstate commerce through a determina­ ments of 1975. The amendment of existing New section 24 grants to the FPC, for a section 5 is comparable to the amendment of tion of rates which are "just and reasonable." period of five years, wellhead jurisdiction By judicial construction, and through Com­ existing section 4(e) which is set forth in section 205(b) of the Natural Gas Act over sales of "new natural gas" produced mission precedent, the "just and reasonable" from offshore Federal lands. It is the intent standard has come to mean that all rates Amendments of 1975, and which is described must be determined by reference to "cost above. that FPC wellhead rate jurisdiction over new plus return on investment." For pipeline It is necessary to amend both existing sec­ gas sales to i11terstate pipelines be expressly rates, this is entirely appropriate and no tions 4(e) and 5(a) of the Natural Gas Act limited to only one category of new gas; change is required; for producer rates, how­ because of the interaction of the two sec­ namely, gas produced from offshore Federal ever, section 208 of the bill requires the tions on p1·oducer regulation. Existing section lands. Commission to consider factors other than 4(e) establishes the Commission's author­ During the 5-year period of phased-out costs during the 5-year period of continuing ity to act on producer rate filings, while regulation of new offshore gas, the Commis­ regulation of new gas sales from off -shore existing section 5(a) empowers the Com~ · sion is directed to. discard strict utility-type Federal lands. Amendment of existing section mission to act on its own initiative to re­ cost-of-service rate regulation, and to es­ 4 of the Natural Gas Act is necessary to en­ view producer rates. Thus, the amendment of tablish rates, instead, on the basis of the fol­ sure that the proposed new standards are existing section 5(a) of the Natural Gas Act, lowing four enumerated criteria (and only properly incorporated into the Natural Gas as set forth in section 206, is a conforming those criteria) . Act. amendment necessary to maintain internal 1. Prospective costs; · Section 205(a) amends section 4: of the consistency. 2. The rate necessary to achieve optimum Natural Gas Act to provide that producers · It is through sections 4(e) and 5(a) that deliveries of natural gas; may· be denied their contract rates for new t he wellhead sales p1·ice has been a pertinent 3. The rate necessary to promote conserva'!'. o1f'-shore· gas only if such contracts exceed inquiry· under section 7(c), the cert ificate tion of natm·al gas; and 1798 CONGRESSIONAL R-ECORD- HOUSE Febi"Uary 2, 1976 4. 'The rate necessary to protect consumers ering, transportation or distribution of such -ated chaos by dividing enforcement resopnsi· from price increases attributable to shortage intrastate gas to the jurisdiction of the bilities between two of its subsidiary agen­ conditions. FPC. cies. The FPC is directed to set a national ceil­ Transactions such as those contemplated In announcing the responsibilities of the ing rate for new offshore gas as soon as by this provision will benefit the customers Bureau of Alcohol, Tobacco and Firearms practicable by rule-making, through con­ of the interstate pipeline involved by per­ under the newly enacted statute, Director sideration of the four criteria set forth above, mitting the use of excess pipeline capacity, Rex D. Davis, on January 9, 1975, stated: and to modify such ceiling rate as necessary thereby increasing revenues to the pipeline "Revenues to the U.S. Government under from time to time prior to Dec. 31, 1980. The and reducing per unit transportation costs to the Wagering Law could be substantial. ATF Commission also is empowered to authorize interstate customers. officials have esthnated that revenues owed rates in excess of the national ceiling for to the government from the $500 special tax high-cost production areas or vertical drill­ stamps and the 2 percent excise tax could ing depths. be as much as $385 million a year." New section 25 directs the Commission to TREASURY FOOTDRAGGING GIVES Reality has been far different from Mr. give first priority in curtailment proceedings, ORGANIZED CRIME A FREE PASS Davis' optimistic projections. According to during time of shortage, to residential users, The SPEAKER pro tempore. Under a his testimony before Congress, gambling is a small users, and to hospitals and similar 67 billion dollar a year business. That's big services vital to public health and safety. previous order of the House, the gentle­ business. After these priority uses are protected, the man from Ohio

man from Colorado Benet D. t.lle Members of the House will be called region, including Texas and Louisiana, Gellman-one of the finest individuals upon to vote on yet anothe1· complex and gets 68 per cent of its energy from natural who ever worked on Capitol Hill-died difficult set of choices in the field of en- gas. What this means is that the benefits of yesterday and I am extremely saddened ,rgy policy. of lower cost natural gas are not spread that we have lost one who contribut-ed '0 Saturday, January 31 carried a very evenly around: the country, but are focused much to the public interest. thoughtful analysis of the options we in lucky regions. Industries and regions Benet Gellman worked for .~.ne face in natural gas supply and consump­ which get large amounts of natural ga.':l throughout my chairmanship of t.he I obviously have an enormous advantage in tion, and would like to call this analysis competition With industries and regions Banking and Currency Committee and to the attention of my colleagues. I find which use oil. This has resulted in a I am very proud that he was on my str ff. particularly compelling the author's con­ significant shift of industry and l.ncome to His contributions \vere many. He wa~ a tention that "oil and gas prices must be these areas. Although the gas-using dedicated worker who came to Capitol closely linked by re.gulatory policy" in the r.sgions now are suffering \.he worst gas Hill because he wanted to get things absence of a free market which would "shortages," what this means is that some done-in the public interest. produce the same result. I submit the consumers in these regions must now shift Benet played a key role in virtually all article herewith: to oil which less fortunate consmners have of the financial legislation of the 1960's been forced to use all along. GAS! PRICES AND PROFITS The price differential between natural gas and 1970's and he has gained wide recog­ (By Paul A. London) and other fuels is the key point underlying nition for his outstanding staff work The U.S. Senate 011 Oct. 22 passed legisla­ all these economic issues. FPC reports show on studies of the ownership of commer­ tion to deregulate prices for "new" natural that the price of gas delivered to large users cial banks, interlocking directorships, the gas. A vote is now possible on this issue in is about one-third the price of oil. While activities of bank trust departments, and the House of Representatives as early as Feb. oil costs these large users $12 per barrel, gas the banlt. holding companies. In addi­ 2. In the meantime, the usual arguments if they can get it costs them the equivalent tion, he participated in a number of spe­ dominate the debate. of $4 or $5 per barrel. cial investigations such as the collapse of Proponents of low gas prices through Fed­ This kind: of price imbalance between al­ the Penn Central Transportation Co. In eNtl Power Commission regulation see them­ ternative fuels means that the "shortages" selves protecting small consumers against the of gas can never be elimhlated. With a. price all of these assignments, Benet per­ monopolistic major oil companies, uncon­ difi'e1•e.nce equivalent to $7 per barrel. every formed brilliantly and his work contin­ scionable profits, deliberate withholding of oil consumer in his right mind should con­ ues-and will continue-to influence the reserves. and unjustified contract violations. vert to gas if he can get it. A "shortage" will direction of financial and con umer legis­ Gas producers on the other hand argue that exist at present prices, therefore. 1!< -.ntii lation. they need higher prices to end shm·tages and enough gas is found to completely replace Mr. Speaker, Benet Gellman was a declines in U.S. reserves. In this 20 year oil. The only way to meet this problem if man of the highest integrity. His conduct dialogue of the deaf, more complicated and oil and gas prices are not brought much even more important economic issues are closer together is through rationing. Hap­ is a model for congressional staff mem­ ignored by both sides. hazard rationing is what we have now bers. He could be trusted under any kind One such issue is who benefits from low through FPC end-use guidelines and informal of circumstances and he always came up prices. Proponents of l'egulated low natural allocation by gas distributors. New plants to the highest standards. gas prices imply that most gas is consumed can not get gas. New residences can not get Mr. Speaker, one of Benet Gellman's by residential users, but this is not the case. gas. Residential users rich or poor are get­ finest and strongest characteristics was Only 25 per cent of U.S. natural gas used ting priority over industry and electric utili­ his loyalty-not only to people but to in homes. plus another 7 per cent if elec­ ties. Some old industrial users are losing causes. tricity generated from gas is added to this their gas contracts. A more detailed FPC ra­ Our sympathy goes out to his lovely total. Forty-two per cent of U.S. gas is used tioning program would only decide in more by industry directly, plus another 7 per cent detail who the lucky are to be. wife, Sheila, and his two sons, Stephen in the form of ele their research to agriculture and the ex­ agricultural research bills enacted in the Mr. BROWN of California. Mr. Speak­ tent to which agricultural scientists con­ last century, so that the appropriate er, last week I introduced H.R. 11609 tribute to basic science" and finally, "to committees of the Congress may study concerning the vital issue of agricultural make recommendations as might be ap­ this serious issue in greater depth. The research. We are all aware that food propriate." The National Research Coun .. laws I am amending to provide authori­ prices have been sharply rising over the cil of the NAS conducted this study and zation for fiscal year 1977 and fiscal year past few years, largely as a result of a report wa.s submitted in April 1972. 1978 only, include the Hatch Act of 1887 growing world populations, increasing This report came out with many disturb­ which established the agricultural ex­ amuence in the OPEC countries causing ing findings including, and I quote "that periment stations, and all the acts which a proportional increase in their demand much of agricultural research is out­ have given the Secretary of Agriculture for food, and the increased prices of moded, pedestrian, and inefficient, and authority to conduct forestry research, farming inputs-such as energy-:inten­ that bold moves are called for in reshap­ farmer cooperative research, cotton re­ sive fertilizers, costly pesticides, and fuel ing administrative philosophies and or­ search, dairy research, crop insurance to run the multitude of expensive produc­ ganizations, in establishing goals and research, research in the Agricultural tion, processing, and distribution ma­ missions, in training and management of Research Service, disease research, sugar chinery. The future holds even greater research scientists, and in allocation of research, special grants research, soil problems as ecological abuse such as de­ resources." erosion research, marketing research, forestation, overgrazing, desert en­ The report goes on to make specific nutrition research, et cetera. By doing croachment, and the increase of flooding recommendations for changes in research this, the appropriate committees of both due to the slow destruction of natm~al priorities, allocation of funds, the system houses will then be able to thoroughly vegetation, gradually eliminates more of peer review, and the administrative study our agricultural research process, and more of the world's farm land; as process, to name a few. priorities, and budget to see if and what the global population continues to in­ crease and demands more food and more Since that report, and as a result of areas need greater funding, if new prior­ land for housing; as air pollution, in­ the intensifying of interest in our food ities should be emphasized, and if the sects, and diseases increasingly injure system due to the aforementioned prob­ agricultural research process is well­ our genetically vulnerable crops; and a.s lems, many new analyses and reports coordinated and well-administrated, and our natural, nonrenewable fossil fuel re­ have been published on the need for the like. sources are slowly exhausted, leaving our changes and closer scrutiny. In addition, title II of my bill pro­ present agricultural system, which is so The most recent, indepth report was vides for the establishment of an Agri­ dependent on fuel for its continuation, in prepared by the Board on Agriculture cultural Research Planning and Budget­ a state of crisis. and Renewable Resources of the National ing Committee within the USDA which It is time for our country to accept the Research Council of the National Acade­ would have the responsibility of assess­ existence of these problems and their my of Sciences as a response to the Presi­ ing national and global priorities, con­ possible consequences and to look toward dent's request for a study of our food sulting with other Federal Agencies and the one main factor which could help to production system, and the need for with profit and non-profit institutions eliminate the cause or result of their ex­ changes and additions to the agricul­ which conduct agricultural research in istence-agricultural research. tural research process. This Board order to avoid duplication and advance Agricultural research has been the chaired by the distinguished Dr. Sylvan the coordination of planning agricul­ main factor leading to our present posi- Wittwer of Michigan State University, tural research programs, and preparing. tion as the major food-producing Nation produced many recommendations point .. a budget to submit to the appropriate of the world. The dedicated work of our ing toward the need for better coordina­ committees based on this assessment of scientists has developed new methods of tion of our agricultural research, a reas­ our national needs and problems. farming, new strains of our major CJ:ops sessment of national and global priorities, In my opinion, agricultural research which produce in ever greater yields, greater emphasis on basic research, is a critical issue which deserves a Febt·uary 2, 1976 CONGRESSIONAL ·RECORD-·· .HOUSE 1803 greater position of importance and said to be the greatest threat to the future Finally, a solution to the world food prob­ greater funding than it has received to welfare of mankind. lem is more than production research. It is date. I hope that this bill will receive But little can be done tn the immediate also getting the food to where the people consideration by my colleagues because . future to reduce population growth short of are. Present means of delivery now produce I believe it would spark the necessary famine, pestilence, or war. These alterna­ enormous waste, spoilage, insect and rodent tives are neither acceptable nor inevitable. damage, and problexns of collection, storage, studies, oversight, and increased funding The immediate solution lies in all-out food to bring agricultural research into the transpo·rtation, packaging, and marketing. production. The victory over famine will be There are targets of great opportunity fer forefront of our thoughts. Food is a an agricultural victory, if there is a victory necessity, and its continued production at all. investment in neglected areas of agricultural and food 1·esearch. And I direct attention to i~ based on the protection of our soil, In spite of the much publicized energy­ our water, our air, and the quality of dependence of agriculture, food production one target, one of the most gross o·missions the crops themselves. The time has come itself still gives a positive energy return. in the agricultural research efforts of the na­ Contrary to many popular reports, produc­ tion. It relates to the two most important to .take a second look at our agriculture! biochemical processes on earth-photosyn­ research. tion of the major food crops-cereals and legumes-results in 3 to 5 calories cf food thetic carbon dioxide fixation by the green .I would like to submit three. articles and feed energy produced for every calorie plant with the bioconversion of solar energy, on . our agricultural research process of cultural energy consumed. This is because and biological nitrogen fixation. Effo·rts in which address the problems I have sum­ plants harvest solar energy over the land­ these areas were identified by a recent Na­ scapes of agriculture. tional Academy of Science policy review com­ marized here: mittee as receiving totally inadequate at- AGRICULTURE NEEDS A "MANHATTAN PROJECT" While the expenditure of energy in food tention. · (By Dr. S. H. Wittwer) production, which amounts to about 3% of our total energy budget, cannot be ignored, We are currently spending less than $5 mil­ Agricultural research, technology, and de­ there is a much greater consumption of en­ lion on research in biological nitrogen fixa­ velopment are at a crossroads in our nation ergy in processing, packaging, storage, trans­ tion and scarcely more than $10 million on today. portation, and in-home and commercial photosynthesis. Billions of dollars are expended annually preparation. These energy inputs exceed by There are still other crucial research areas. by regulatory agencies to enforce social, po­ several-fold that of actual on-farm food Pest management, environmental quality, litical, environmental, and economic con­ production. and improved crop and livestock protection straints. Some of these efforts ignore or should be pursued as environmental improve­ The1·e should be a major ag1·icu1tural effort ment considerations. sometimes adversely affect our agricultural to assess comparable energy inputs into al­ productivity. Other billions are being spent ternative production, processing. storage, Overall, there is an urgency for the reas­ in energy research. By contrast, only a few packaging, delivery, and preparation prac­ sessment of national and global priorities million are directed toward greater efficiency tices for the total food system. This is needed and strategies in agricultural research. in the biological processes-including yield for each commodity. That reassessment must include better stabillzation, photosynthesis, and nitrogen communications between those ln agriculture The message should ring loud and clear. and the makers of national policy. CUrrently fixation-that undergird all agricultural, Food production strategy in the past was to food, and other renewable resource produc­ agricultural leaders and scientists have little grow two ears of corn or two blades of grass input as to national research policy. Among tivity. where one grew before. Enhancement of What support there is for agricultural and the 21 national problems warranting greater productivity should still rank first in agri­ research eff01·ts. according to the 1973 repo·rt food research is fragmented among a mul­ cultural research priorties. But there are now titude of federal agencies including USDA, other urgent priorities. They include im­ of the National Science Board of the National HEW, NSF, USAID, USDI, ERDA, NOAA, provement or maintenance of nutritional Science Foundation, food production was not EPA, FDA, DOD, and DOL. quality. There should be environment im­ on the list. The1·e was a compiete absence of people even remotely connected with biol­ The U.S. currently produces about 86% provement and not additional threats to its deterioration. Resource inputs (land, water, ogy-let alone agriculture-in this top eche­ of the world's surplus food. Last ye;ar farm­ lon of the National Science Foundation. ers exported three-fourths of the wheat, two­ energy, fertilizers, chemicals, equipment), their costs, their availab11ity and renewabil­ Motivation and incentives in research are thirds of the rice, half of the soybeans, cat­ important, both for scientific discovery and tle, and hides, two-fifths of the cotton, and ity have become critical. We must seek the greatest return per unit input of each. for farmers. Only farmers produce food, and one-fourth of the corn produced in the U.S. they will do it if there are incentives. I.f the The total farm export value for 1974 was $22. Economics or research investment&-eost effectiveness and cost benefits-must be pro­ economic incentives are sufficiently great, billion with an incredible $11.7 billion net food will be produced. to the balance of trade. Products from 30% jected and made known. Objectives should of our crop acreage went abroad. be realized quickly and results forthcom­ Future research investments, however, ing .in a relatively short time span. Con­ must be managed differently than in the Yet our agricultural research has been un­ sideration should be given not only to local past. Any new strategy for increased research der continuous fire !or the past three years. support for agriculture must be accompanied We're going through a powerful envtron­ adaptation of the results of food research, but to national and global expectations. by changes in administative procedures of m~tal movement. There is a keen con­ involved agenciefk One guarantee for more sciousness of the importance o! protection, The impact of changing climatic patterns efficient use of new research funds would be presf.!rvation, and conservation of our non­ and weather on food production can be renewable resources. enormous and is the most determinant factor to recruit the very best scientific talent and in food and other renewable resource pro­ create interdisciplinary teams that would As a nation, we are increasingly aware of focus on crucial research areas. "he difference between our renewable and ductivity. Agricultural research should be non-renewable resources. With that aware­ directed toward achieving a stabiltty of I propose a massive "Manhattan Project" ness, we are entering a time of paradox and yield-research strategies that will lessen in U.S. agricultural research to achieve a crisis-prompted in part by the four-fold clim9.tic vulnerability. The horizons for victory over famine. Our productive capacity increase in the cost of imported oil. The food production now limited by weather reserves include not only land, water, energy, fossil fuel age, historically brief, is rapidly could be extended. fertilizer and chemicals. and labor-saving coming to a close, and the era of biology is equipment, but technology that can yet be created through agricultural research. There emerging. !\.10DIFYING THE WEATHER is no acceptable alternative to agricultural The inseparable relationship of energy and Weather modification research for enhance­ victory. food is now painfully clear. And the inter­ ment of food cro~ production is almost. a dependence of nations of non-1·enewable re­ void in the corn belt. There is also a lack of sources (food, feed, fiber, timber) has come emphasis on climatic and weather informa­ WHAT'S FOR DINNER? as a shock to us and the people of other tion useful to agric'Ulture. Wha.t is it to be? A continuation and nations. This interdependence and the re­ Related to weather modification should be scientific expansion of our accustomed pro­ newability or lack of renewability of re­ an assessment of the magnitude and extent tection of food crops against the ravages of soul·ces with the associated costs wll1 greatly of the rapidly increasing acid precipitation; insects, or the increasing appearance of dis­ modify future agricultural research strate­ its atmospheric and soil relationships and po­ tracting elements on dinner tables? gies. tential effects on food erop production. Air This potential "dinner dilemman :rs only Paralleling the waging or environmental, quality standards, have, in 'Ule past, given no one of many subjects delved into by the Com­ energy, and food campaigns, are the more consideration to effects on plant growth and mittee on Agricultural Emctency of the Na­ hysterical ones against population growth, the prod'ttetion of other renewable resourms to have ac­ how research in the United States can help Proceeding from the observation that "it is cepted the thr ust of that assessment It rec­ combat the grim prospect of increasing hun­ not feasible in the next decade or two to ommends that a top-level National Agricul­ ger and starvation throughout the world. meet the developing world's massive require­ tural Research policy Committee should be Specifically requested by President Ford in ments for research capabilities and research established t o develop a national research response to the World Food Conference, results one country at a time", the commit­ policy. Moreover, the committee states that which was convened in Rome a year ago, the tee urges "redoubled US efforts" to help build "many agricultural rsearch administrators reports are surprisingly critical of agricul­ collaborative international research net­ are of the opinion that (the Department of tural research policies in the United States. works-such as CIMMYT, the International Agriculture) .has not been an effective pro­ Although there have been spectacular in­ Centre for the Improvement of Maize and ponent of agricultural research, that it does creases in domestic agricultural production Wheat, where Norman Borlaug developed his not now provide for adequate consideration during the past three or four decades-to high-yield wheat varieties. In addition to in­ of the problems and needs of research in its the point, in fact, where North America is creased funding for such networks, the com­ top-level deliberations, and that it lacks ad­ now virtually the world's breadbasket--the mittee also urges greater participation by ministrative and budgeting arrangements reportc; suggest that 1·esearch efforts lack universities and other institutions within the that can effectively guide resea1·ch in re­ central coordination, receive insufficient United Stat es in the work of the interna­ sponse t o national and regional needs" It funds, and pay too little attention to basic tional research centres. therefore suggests a number of administra­ studies. The preliminary reports, which are As for research projects which merit in­ tive changes within the Department of Agri­ designed to influence the Ford Administra­ creased attention, the Brown committee culture designed to coordiate the activities tion's budget for next year (which is now notes that the "prevailing bias'' among poli­ of its fifteen research divisions, and to en­ being prepared), thus offer a prescription for ticians and research administrators is toward hance the st at us of agricultural research. improving the research system, and suggest applied research likely to yield quick results. As for funding mechanisms, the commit­ a number of specific projects requiring an The Wittwer committee is less charitable: tee urges that diverse sources of support for immediate injection of funds. "Fundamental research undergirding food agricultural research be bl'Ought together. production technology has languished for two It also suggests that more funds should be One of the reports, prepared by a com­ available for support of individual research mittee headed by Dr. Harrison Brown of decades", it asserts. "Because of crop sur­ pluses, political pressures from commodity projects, assessed by peer-review panels and California Institute of Technology (World supported in the same manner that biomedi­ Food and Nutrition Study: interim report) groups, budgeta1·y reductions, and emphasis on immediately applicable results, a formerly cal research is supported by the National presents an overall view of how agricultural Institutes of Health. research in the United States can assist in substantial basic research effort ... virtual­ ly disappeared". Although some of those suggestions were coping with the world food problem. It incorporated into the report of the Brown draws heavily on the findings and recom­ The Wittwer commit tee has consequently committee, it promised to give more thought m.endations of the second report, concerned drawn up a list of research efforts which in its final report to the manner in which mostly with domestic agricultural research have been relatively neglected in the rush overall food and nutritional policy should policy (World Food and Nutrition .Study: En­ for quick results. An expanded research pro­ be developed. hancement of Food Prod1tction in the United gramme on photosynthesis is "urgently need­ Finally, it should be noted that the Brown States), which was prepared by a committee ed", the committee suggests. It recommends committee clearly acknowledges that, in headed by Dr. Sylvan Wittwer of Michigan that federal support of such activities be dealing only with the limited topic of agri­ State University. doubled, from $10 to $20 million a year, and cultural research, it necessarily neglects Although it is tempting to suggest that that two or three research institutes be es­ some of the prime considerations in the the world food problem could virtually be tablished to spearhead the effort. Similiarly, world food problem, such as population, solved by better distribution of food sup­ research on nitrogen fixation should receive education and economic planning. Moreover, a large injection of federal funds. "The cur­ the committee also states that it does not plies, the Brown committee points out that, rent funding level of less than $5 million with world population increasing by about "assume superior US wisdom on how to from all sources in this nation for research achieve development purposes, but only a 2.5 % a year, better food distribution will on biological nitrogen fixation is grossly in­ offer at best a stop-gap solution. A few sum­ capability and willingness to handle research adequate", the committee states, and sug­ problems and to collaborate with others in mary facts speak for themselves. gests that an immediate escalation to $25 Developing countries increased their food problem solving where our participation is million is needed, followed by a 25 % annual welcon1.ed' '. production by about 2.8 % a year during the increase for the next five years. 1950s and 1960s, an impressive achievement Basic genetic research to improve plant which reflects both increasing yield from in­ yields-including DNA recombination tech­ dividual farms and increasing acreage under niques-should also receive a five-fold in­ DEREGULATION OF NATURAL GAS cultivation. But their effective demand for crease in the present funding level of about PRICES food in· the 1960s increased even more $500,000 a year, the committee urges. Other (Mr. BROWN of California asked and sharply, by about 3.5 % a year, and it will areas singled out for increased attention are continue to do so for several decades. The the adaptation of chemical fertilizers for use was given permission to extend his re­ result has been a rapid escalation in food im­ in tropical regions, improved methods of marks at this point in the RECORD and ports by the developing countries-a trend pest control, ways to combat livestock dis­ to include extraneous matter.) which, according to estimates of the Food eases, and a better assessment of land and Mr. BROWN of California. Mr. and Agriculture Organisation, will result in water resources in the United States. total cereal imports of 100 million tons by Speaker, after a great deal of soul­ 1985. The Brown committee accepts the need for searching I have come to the conclusion increased efforts on those projects, notes that The Brown committee therefore argues that the continued regulation of the "there is little to be gained from identify­ wellhead price of natural gas in inter­ that "the key to adequate feeding of peoples ing research work that needs acceleration in the developing countries over the coming unless US Government food research budgets state commerce by the Federal Power decades is a sustained trend of very substan­ are increased sharply", and recommends that Commission no longer serves a useful tial increases in the yield of their farms". expenditures on agricultural research should pUblic purpose. Since I have long held The increases, in fact, will have to be even strongly to the opposite view I feel com­ more spectacular than those brought about be increased by at least 50 % over the next by the recent introduction of high-yielding two or three years. pelled to offer some reasonable explana­ varieties of wheat and rice-the so called Agricultural research in the United States tion for my change of position. Green Revolution-and the committee also is funded chiefly by block grants to a con­ First, I must say that I am not under notes that "there is a parallel requirement glomeration of many federal, state and pri­ any illusion that the natural gas industry for continuing rapid expansion of US yields vate research institutions, and both the is competitive, or that it suffers from on our principal export crops". Brown and Wittwer committees suggest that lack of reasonable profit. I am familiar Such achievements will require "a greatly it lacks central coordination and direction. with the statistics on competition in the strengthened research base", the committee It is not the first time that committees of the industry and have in fact testified before argues, and its recommendations essentially National Academy of Sciences have criticized boil down to three requirements: increased the system. Three years ago, is one of the the FPC within the past 3 years in iavor participation by research institutions and most candid assessments of a federal research of continued regulation of wellhead scientists from the United States in inter­ effort ever to emerge from the academy, a prices on a cost plus reasonable profit national research and development activi­ committee under the chairmanship of Dr. basis, because of the lack of workable ties; increased attention to Reveral lines of Glenn Pound of the University of Wisconsin competition. I am also quite aware that 1808 CONGRESSIONAL RECORD- HOUSE Februa? ~ y 2, 19't6 historically onshore natural gas is prob­ pushing wellhead prices up at the rate deregulation are miniscule. In any event, ably the cheapest form of energy to pro­ of about 30 percent per year, and will if such results are contrary to public duce and that even under regulation probably continue to do so until regu­ policy, this should be addressed by other profits have been extremely good. Under lated interstate and unregulated intra­ means than the perpetuation of inde­ . deregulation industry profits, at least in state prices are roughly equal. That level fensible irrationalities in natural gas the shortrun, will probably be obscene. I will probably be at our sligthly above the pricings, am also w~ll aware that even under reg­ price of OPEC oil. I shall, therefore support the Krueg·er ulation there is no present way to compel Since the end-result prices of the pres­ substitute to H.R. 9464 with any reason­ the commitment of these profits to in­ ent regulatory practices, as compared able perfecting amendments, when it is creased capital investment in explora­ with a phased deregulation, are probably offered on the floor. tion and production of new gas supplies, going to be the same at the end of some and under deregulation there is likewise, reasonable period of time, it seems to no way to compel such commitment. me to be far better and less hypocritical, MRS. PHYLLIS GALANTI This situation is of course true of the to enact a reasonable 'deregulation

Member State Democrat Republican I District and State Democrat Republican

SENATE HOUSE

John Durkin ______New Hampsh ire ______1$172,065.93 ------2 ======---$2i;2so: oii- ~i{~~ !r~~l:::::::: ::::::::::: h7~!~~~~~:: :::::::::::::::::: g~; ~g~: ~~ ::::~::::::: Jerryr:!i!rp~~~~~ Pat_terson-~~===== ______38-Californiat.~:: ~~~~= ___ =:------20,750.00 ------~~~~~==~~~------Harrison Williams ______New Jersey______153,466.30 ------Joshua Eilberg______4-Pennsylvama______20, 570.00 ------Thomas Eagleton ______Missouri______120,000.00 ------ ______Iowa______110,688.12 ------~ill::~ ~?a~s_h_-_:: :::::::::::::: i=~i~~~~arC~::::::::::::::: ~~: ~~~: ~~ :::::::::::: ______Pennsylvania ___ ------$107, 266. 1 James Oberstar _------8- Minnesota______18, 850. 00 ------John Tunney ______California______105,850.00 ------John Brademas ______3-lndiana______18,700.00 ------Stuart Symington ______Missouri______103,060.50 ------~~l1i~ew Jacobs ______11 - lndi~na______18,650.00 ------Warren Magnuson ______Washington______94,560.00 ------1 Vance Hartke ______Indiana______93,531.85 ------Marti:R~~~~~-n~:::: ::::::::::: ~=~'r?~~~~ ::::::::::::::::::: i~; ~~~: ~~ :::::::::::: Jacob Javits ______New York______86,871.08 ¥1adys Spellman______5~ Marylan.d______18, 160.00 ------Claiborne PeiL ______Rhode Island______86,746.15 ------oby Moffett______6- Connect1cut______17,916.62 ------g~ris Dodd ______2- Connecticut______17,737.50 ------~=n~~~~~~ddaie:::::::::::::: :: ~~~~~~~k:: :::::::::::::::: ~~: ~~: g~ :::::::::::: aude Pepper------14-Fiorida______17,700. 00 ------Lee Metcalf______Montana______84,824.00 ------Joseph Karth______4-Minnesota ______17,150.00 ------Alan Cranston ______California ______83,967.51 ____ : ______Ronald MottL ______23-0hio______16,900.00 ------Ted Risenhoover------2-0klahoma______16,900.00 ------~rock Adams ______7- Washington ______16,750.00 ------James~~~~~~~r:_ Abourezk--~======______South~~~~~~~======Dakota______n:76, 830.00~~~: ~~ ------======enore Sullivan______3-Missouri______16,700.00 ------Adlai Stevenson ______Illinois______74,350.00 ------1a~es Hanley ______32-New York______16,600.00 ------Frank Moss ______Utah______70,421.95 ------Go n Melcher------2-Montana______16,525.00 ------George McGovern ______South Dakota______65,375.69 ------Jerry Studds ______12- Massachusetts_ ------16,468.82 ------Hubert Humphrey ______Minnesota______63,000.00 ------i:;;~~ ~~~~=~===::::::::: ::::: ~t:8~'i~~~~i~~:::: :::::::::::: l~: g5~: ~~ :::::======ndrew MagUire______7-New Jersey______15,500.00 ------~~~~~nJ~hn-can::::::::::::::::: 1 ~=~;e~~~~~~~:: ::::::::::::: i~; i&~: gg :::::::::::: ~~~~~{;1~~:~ ~~~~~~~~~~ ~~~ ~~~:~~~~~~~~=~=~~~ ~~~j~j----i:i!f i- ~~~~~~~~ Georle Shipi~Y------22-lllinois______15, 100.00 ------Leo erterett•------15-New York______14,762. 96 ------~~~~~~~~c:11:::::::~:::::::::: ~~~~~~~::::::::::::::::::::: ~~: ~~~: ~~ :::::::::::: Helen Meyner ______13-New Jersey______14, 700. 00 - -~ ------Quentin Burdick ______North Dakota______44, 781.00 ------James O'Hara ______12-Michigan______14,300.00 ------Clifford Case ______New Jersey------39, 900.00 John Murtha ______12-Pennsylvania______14, 150.00 ------Edmund Muskie ______Maine______39,350.00 ------George Miller-:------7-Ca.lif~rnia______13,950.00 ------William Hathaway ______Maine______36,913.00 ------Frank AnnunziO ______11-llhno•s------13,600. 00 ------Floyd HaskelL------Colorado______33, 135.40 ------ ______6-Pennsylvania______13,600.00 ------Russell Long ______Louisiana______32,800.00 ------James Symington_------2-Missouri.______13,380.00 ------Edward Kennedy ______Massachusetts______30, 965.00 Philip Burton______6-California______13,300.00 ------Daniel Inouye ______Hawaii______30, 500.00 Henry Waxman __ ------24-California______13, 000. 00 ____ ------__ Ted Stevens ______Alaska ______------20,300.00 Bob Mollohan_; ______1-West Virginia______12,950.00 ------Jennings Randolph ______West Virginia______17,475.00 ------Abraham Ribicoff ______Connecticut______16, 850.03 ------Max Baucus_ ------1-Montana______12,737.30 ------John Pastore ______Rhode Island______16, 100. 000 ______fa~~~~t~~~~t:::::::: :::::::: 2~=&~i~~~~~~:::::::::::::::: U; ~~~: ~g :::::::::::: Bob Packwood ______Oregon______------14,300.00 Dominick Daniels __ ------14-New Jersey______12, 550.00 ------Henrr. Jackson ______Washington______13,825.00 ------Frederick Richmond ______14-New York______12,550.00 ------Teno Roncalio_ ------At Large-Wyoming______12,500.00 ------~~~ ~:,~~l1ic::::::::::::::: ~~~~~~~;;:::::::::::::::::::::::::i2;o5o:oo:::::~~~~~~~ Fortney Stark______9-California______12,290.00 ------Edward Brooke ______Massachusetts------9, 150.00 Thomas Downey______2-New York______11,772.00 ------Robert Edgar______7- Pennsylvania______11,500.00 ------~~~=~ :C3oriC~:=::::::::::: : ~eer~~~~~~~~~:::::::::::::::: ______~~-~~~~oo _------0--- Edward Patten ______15-New Jersey______11, 450.no ------Robert TafL __ ------____ ----- Ohio ___ ------___ 0 Mike McCormack______4- Washington______11,282.62 ------Lowell Weicker______------Connecticut______0 Les Asp in_------!-Wisconsin ___ ------11, 262. 00 ------James Burke ______11- Massachusetts______10,950.00 ------SubtotaL------2, 871,992.44 350, 162.69 Matthew Rinaldo ______12-New Jersey______10,840.00 Tota'------3, 222, 155.1 William Ford ______15-Michigan______10,650.00 ------James Howard______3- New Jersey ______10, 500.00 ------HOUSE Fernand StGermain______1-R~ode Island______10,300. 00 ------Robert Traxler------8- Michigan ______------1 88,355.00 ------Robert Bergland_------7-Mmnesota______10,250.00 ------Robert Carr______------6-Michigan ______57,093.00 ------Richard VanderVeen______5-Michigan ______50,852.00 ------James Blanchard ______18-Michigan_ ----___ ------48,211.99 ------John Burton __ ------5- California ______37,430.00 ------James~~~~3~~~~======Weaver------======------4-0regon______}=~~~ii~~~======~~:9, 668.27}~~: ~~ ======~------~ -· Thomas O'Neil'------8-Massachusetts ___ ------35,750.00 ------John Joseph Moakley ______9-Massachusetts______9, 650.00 ------les AuCoin _____ ------____ 1-0regon ______------35,508.43 ---~------Joseph EarlY------3-Massachusetts______!1, 550.00 ------Mike Blouin __ ------2-lowa ______------__ _ 35, 200.00 ------Doc Morgan ______22-Pennsylvania______9, 350.00 ------·· Allan Howe ______------___ 2-Utah __ ------32,550.00 ------Robert Giaimo______3-ConnecticuL______9, 100.00 ------ ------__ --- 1- lowa _------____ ------31, 525.00 ------Charles Carney ______19-0hio______8, 900.00 ------Richard Nolan ______---- __ --- 6-Mississlppi______------30,775.00 ------John Dingel'------16-Michigan______8, 750.00 ------Pat Schroeder------1-Colorado ______30, 715.00 ------Tim HaiL------15-lllinois______8, 650.00 ------John DenL ------21-Pennsylvania ______29,275.00 ------Harold Ford ______8-Tennessee______8, 650.00 ------Alvin Baldus______3- Wisconsin ______------28,650.00 ------Charles Wilson ______3!-California______8, 500.00 --~------John MurphY------17-New York ______28,450.00 ------John Moss______.)-California______8, 450.00 ------RobertPaul Simon Cornell______24-lllinois8-Wisconsin ______------28, 415.00 ------Clifford Allen __ ------5-Tennessee______8, 400.00 ------James Santini______At Large-Nevada ______28,075.00 ------John Slack______3-West Virginia______8, 350.00 ------28, 050.00 ------Frank Horton ______34---'New York------8, 280.00 James Florio______1-New Jersey ______26,600.82 ------Margaret Heckler ______10-Massachusetts_ ------______8, 120.00 Frank Thompson ______4- New Jersey ______26,300.00 ------Torbert Macdonald______7-Massachusetts______8,100. 00 ------1 26, 250.00 ------t~~i~~~~~~= ====: :::::::::::: = ~=h~1~~~~0=: ::::::::::::::: 24, 894.74 ------~~~\~nE!i~~~~~--~::::: :::::::::: 1~=~~~~~;k~::::::::::::::: ~; ~~~: ~~ :::::::::::: Norman Mineta _____ ------~- 13-California ______----- 24, 636.50 ------Matthew McHugh ______27-New York______7, 300.00 ------Martha Keys ______----_____ 2-Kansas ______----____ _ 24, 063.57 ------2 0 John LaFalce ______36-New York ______23,739.30 ------C- . ~~~~~ s~~~~;lte:::::: ::::::::::: ~=R~~ois::::::::::::::::::: ~: ~~&: gg :::::::::::: 23, 674.50 ------1 ~!~~a:fa~~~~~-e_a_~:: ::: ::::::::: 1~~i~~~~~:~:::::: ::::::::::: 22,595.00 ------1:::::~ ~~~=~:;::::::: :::::::::: t=~:: ~~~~ ======: ~: ~~8: gg :::::::::::: • Mark Hannaford ______------34-Callfornia ______------23, 430.00 ------George Danielson ______3D-California______7, 200. GO ------Lloyd Meeds______2-Washington _____ ------22, 500.00 ------Thomas Foley______5-Washington______7, 150.00 ------Floyd Fithian ___ ------______2-lndiana ______------22, 425.00 ------22, 100.00 ------~~~i~~n~:~~:::::::::::::::::: ~=W~~~?~itoi1_-::::::::::::::.: 22, 050.00 ------~~~;tiii~:::::::::::::::::: ~~~~gsj~~:~~======::::::::: i: U&: ~ :::::::::::: Feb'tuary 2, 1976 CONGRESSIONAL RECORD-HOUSE 1815 ORGANIZED LABOR 1974 CAMPAIGN CONTRIBUTIONS TO SENATORS AND CONGRESSMEN WHO VOTED FOR THE COMMON SITUS PICKETING BILL-Continued l

District and State Democrat Republican District and State Democrat Republican

HOUSE HOUSE George Brown ______36- California______6, 350.00 ------Jack Brooks ______9-Texas______$2,200.00 ------·--- - John McFalL ______14---California______6, 275.00 ------Shirley Chisholm ______12-New York ______:::· · 2,125.00 ------Daniel Flood ______11-Pennsylvania______6, lGO.OO ------D~nte Fa.scell ______15-Fiorida ______:: 2,100.00 ------Robert Leggett ______4-California______6, 050.00 ------Brl Burlison ______10-MissourL______2 100.00 ------g:n.~~tenkowskL ------8-lll!nois. 7 ______~· ~~~ : ~~ ------E~w.ard Koch ______18-N~w Yo~k ______::::: 2;075.00 ------Wrllra!ll Randal L______4-M.rssoun______2, 050.00 ------AI Qure . ·------l-Mmnesota. ______$2,000.00 Fred Rooney ______15-Pen.nsylvanra______7 2,000.00 ------~!f~~tf;:;o;~~~~ ~~===~: ~~ == ~ '!~~~~{~t~==~:=~=~=::::- ---~: ~g: ~-: :: ;i~~~i~ ~ L~e Ham rlton_------9-lndrana______1, 950.00 ------Joseph Addabbo ______7-New York______5, 800.00 ------Mrchael Harrrngton ______6-Ma~sac~u setts______1, 950.00 ------Ha rold Johnson ______1-Cal!forn!L------1, 950.00 ------Aiphonzo BelL ______27-Cal!forn!L------1, 900.00 Th o!llas . Re~s ______23-Cahfornra______1, 700.00 ------B~njamm Grlman ______26-N~w York .. ------1, 600. GO f¥~@~i~~~~ ~ ~~~~~ ~:~=:=: ~~~~~t!:f:(~:~i ii==~i~i=i: 1~ ~~~ ~ :~m:::: ~:- Rrchard !chord .. ------8-Mr~sour!------1, 600. 00 ______Edward Beard______2-Rhode Island______5, 350.00 ------~-- August!JS Hawkms ______29-Cal!forn!a·------.1, 450.00 ------Morgan Murphy ______2-lllinois______5,150.00 ------8 .. F. Srsk.- •. --.------15-Cahfornra______1, 350. 00 ______Paul Tsongas __ ------5-Massachusetts______4, 953.08 ------Elizabeth )-ioltzman ______16-N~w york______1,250.00 ------Robert Drinan ______4-Massachusetts______4, 900.00 ------

Stepheng:~~ lti:t~;~:~======Sola rz ______2~=~~:~~ri<====13-New York .• ------======::4, ~~~:~~650.00 ======------Joseph McDade ______------10-Pennsylvania __ ••• ______. 4, 600.00 ~~~~i~!~~:::~i :~: :::~:::~ :g~~~~~ii=i~~~~==~~~i~= ====~:;m ~ =-: ·: ~"~~ ~ Jonathan Bm gham ______22-New York______750.00 ------..• Samuel~~~~kc~~~~~-aga::::::::::::::: Stratton ______28-Newl=~~~~ft~~======York______======4,4: 500.00~~~: ~~ ------:::::::::::: Morris Udall. ______2-Arizona______4,400.00 ------Paul McCloskey ______12-California______4,150.00 Edward~:~e~H~~y=-======Breste r______8-Pennsylvania.~=~i!::~~j~~~~~= __ ~= ------======~== ------i~~:------~~ ======300.00======Romano MazzoiL. ___ ------3-KentuckY ------4, 050.00 ------2 Clement Zablocki..______4-Wisconsin ______------4, 050.00 ______------~i~':{ly av~t~~:-~--~~::::::::::::: ~=~fi~~k:::::::::::::::::: . ~~~:~~ :::::::::::: Robert Lagol)larsmo. ------19-California ______------250. 00 Herman Badrllo ______21-New York______240.00 ------Charles Bennett______3-Fiorida______0 ------Edward RoybaL. ______25-California______3, 750.00 -=-==------======Edward Boland ______2-Massachusetts______o ------William~:~b~~~~~~~~=-=_=~~======Barrett______~~=~:~:~~~-~~~======!-Pennsylvania______·==== iJ~~J~3, 600.00 ------Patsy Mink______2-HawaiL------3, 560.00 ------Floyd Hicks ______6-Washington______3, 500.00 ------1~~nE~~~~~~:::::::::::::::::::Barry Goldwater, Jr.. ______20-Califort=t~~~!~~!e:::::::~::::::::nia ~ :::::::---- - William Walsh ______33-New York ______------3, 500. 00 Ronald Dellums ______8-California______3, 460.00 ------Luci en NedzL ______14-Michigan______3, 450.00 ------Charles RangeL. ______19-New York ___ ------. 3, 450.00 ------Richard Ottinger______24-New York ______3, 400.00 ------Lionel Van Deerlin ______41-California______3, 350.00 ------ft~t;~;t~~·~; i;;;;;;~l;l;; l~fJi~t~·~;;;;-;;~::~j=:=:: :==::: :!: =::=: -::::-] b~se~h VW~or/to .T ______24-Pe~nsylvania______o ------ares a en, r______3- 0h!O______o 1 f: ======~~~~~:~~~v~~-~======1 ~!=g~~!~;ii~~======· }~8:88 ~~~:~~~a_l::::::::::::·:::::: :::: : ::::::::: :::::::::::::: 2, 368, ~~~ ~~ l70. ~~· 495. 00 f!fr1sti:1i~James Corman~~~~~===~~=~===~==== ______21-California______~=u\~:~~~:~====~~=~~~=~===== 2,t 860.00~~8:88 ::::::::::::------4 " PAIRED " HOUSE MEMBERS Abner Mikva ______10--lllinois______36,325.00 ------== 1: P, ==== =John Jenrette.~------6-South Carolina______15,600.00 ------·- Silvioffjfr;f.~~~~~~:~~::::: Conte______~~~~=~~ 't~~~:~~~~=!-Massachusetts. ~:~~~~~~~~~~------__.. m~ ------===~=2, 600.00=~ Henry Helst\)skJ. ______9-New JerseY;------13,350.00 ------Robert Roe______8-New Jersey______2, 597.30 ------rtndAI pavrs______1-South Carol.ma ______8, 600.00 ------Benjamin RosenthaL ______8-New York ______2, 550.00 ------0 ~ emz ______18-Pennsylvama______5, 850. oo Charles Wilson ______2-Texas.------2, 500.00 ------Wilham Green ______3-Pennsy.lv~n!a------5, 180.00 ------Parren MitchelL______7-Maryland------2, 450.00 ------Harley Staggers______2-West Vrrgrma______2, 550.00 ------Ronald Sarasin______5-connecticuL------2, 350.00 Robert Kastenmeier ______2-Wisconsin______2, 300. 00 ------William Moorhead ______14- Pennsylvania______2, 250.00 ------~~~:~~!::::::::::::::::::::::::::::::::::::::::::::::: 81, 60:7.~55. 00 5, 850.00

The amount of contribution to John Durkin represents both the General and Special Elections. Total:

======;i~f~d=~~~fi~~;.~Grand totaL ______======______:______$~:5, ~n:758,780.64 !~~: ~~

LEAVE OF ABSENCE SPECIAL ORDERS GRANTED and extend their remarks and include By unanimous consent, leave of absence By unanimous consent, permission to extraneous material: ) was granted as follows: address the House, following the legisla­ Mr. KRUEGER, for 60 minutes, today. Mr. LEHMAN as company purchases ject to a civil penalty- "Administrato1•" means the Administrator of the Federal Energy Administration." natural gas from an affiliate or produces " (A) with respect to activities relating to natural gas from its own properties, to the the production or refining of propane, of not By Mr. ECKHARDT: (Amendment to the Krueger amendment extent that the Commission determines that more than $20,000 for each violation; the rules and charges therefor exceed the " (B) with respect to activities relating to published in the CONGRESSIONAL RECORD Of December 8, 1975, on pages 39152-39156.) current rates and charges, or portion thereof, the distribution of propane (other than ac­ made, demanded, or received for comparable tivities entirely at the retail level), of not Strike out subsection (i) of section 106 and redesignate the succeeding subsections sales by any person who is not affiliated with more than $10,000 for each violation; and any natural-gas company. "(C) with respect to activities- (and any cross-references thereto) accord­ ingly. By Mr. ECKHARDT: " (i) entirely relating to the distribution of (Amendment to the Krueger amendment propane at the retail level, or By Mr. ECKHARDT: (Amendment to the Krueger amendment published in the CONGRESSIONAL RECORD Of "(ii) activities not referred to in subpara­ December 8, 1975, on pages 39152-39156.) .graph (A) or (B) or in clause (i) of this published in the CONGRESSIONAL RECORD Of December 8, 1975, on pages 39152-39156.) Amend section 208 by amending the first subparagraph, sentence of the new section 24(a) of the of not more than $2,500 for each violation. In section 204, immediately after para­ graph ( 11), add the following: National Gas Act to read as follows: "(2) Whoever willfully violates an order "As soon as practicable after the effective or regulation under this section shall be im­ "(12) 'Federal lands' means any land or subsurface area within the United States date of the National Gas Act Amendments prisoned not more than one year, or- of 1975, and by rule pursuant to section 553 " (A) with respect to activities relating which is owned or controlled by the Federal Government or with respect to which the of title 5, United States Code, the Commis­ to the production or refining of propane, sion shall establish and may thereafter from shall be fined not more than $40,000 for each Federal Government has authority, directly or indirectly, to explore for, develop, and time to time modify national ceilings for violation; rates and charges for the sale or transfer by "(B) with respect to activities relating to produce natural gas. Such term includes off­ shore Federal lands." any person of new natural gas produced from the distribution of propane (other than ac­ offshore Federalla.nds on or after January 1, tivities entirely at the retail level), shall be After section 26 of the Natural Gas Act (as added by section 208), and the following: 1976, through December 31, 1980." fined not more than $20,000 for each viola­ By ECKHARDT: tion; and "PRODUCTION ON FEDERAL LANDS (Amendment to the Krueger amendment "(C) with respect to activities- "SEc. 27. After August 1, 1976, all produc­ published in the Congressional RECORD of " (i) entirely relating to the distribution tion of natural gas from Federal lands shall December 8, 1975, on pages 39152-39156.) of propane at the retail level, or be sold or transferred to a pipeline for use In the second sentence of new section "(ii) activities not referred to in subpara- in interstate commerce, except such gas may 25 (a) (as added by section 208) insert February 2, 1976 CONGRESSIONAL RECORD- HOUSE 1819 .,essential" after "shall determine by rule rectly <>r indirectly, to explore for, develop, person as determined by the Commission (A) the" and before ••.agriculture, food proc­ and produce natural gas, except that noth­ who is not an affiliate of a person who pro• essing". ing in this Act shall amend or change in any duces and sells 'more than 10 million Me! of By Mr. MOFFETT; way any grant of land or right in land cre­ natural gas; (B) who is not an affiliate of a (Amendment to the Krueger amendment ated by the Alaska Native Claims Settlement person engaged in, or who is not himself published in the CONGRESSIONAL RECORD of Act (18 U.S.C. 437) or any Act granting engaged in, the transportation by pipeline of December 8, 1975, on pages 39152-39156.) statehood to a State. The term includes the natural gas in interstate or intrastate com­ Amend section 204 by striking existing Outer Continental Shelf, as defined in sec­ merce; and (C) who, together with all of his paragraph (7) and inserting a new para­ tion 2(a) of the Outer Continental Shelf affiliates, if any, has not produced and sold graph as follows: Lands Act (43 U.S.C. 133l(a)). The term ex­ more than 10 m111ion Mcf of natural gas in "(7) 'Boiler fuel use of natural gas' means cludes lands which the Federal Government any calendar year (subsequent to 1973) pre­ the use of natural gas as the primary source acquired by mortgage foreclosure and con­ ceding the year in which he seeks to qualify 1n a generating unit of more than 25 mega­ tinues to hold mineral interests. for small producer pricing under section 203 watts rated net generating capacity or in "(4) The term 'intrastate commerce' means (k): Provided, That the provisions of section any generating unit which is part of an elec­ commerce between points within the same 203(k) shall be applicable only to the first tric utilities system with a total net generat­ State, unless such commerce passes through 10 million Mcf of natural gas production in ing capacity of more than 150 megawatts." any place outside such State; except that all any year following such qualification. By Mr. MOFFETT: sales of new natural gas produced from Fed­ "(16) The term 'user' means a person or (Amendment to the Krueger amendment eral lands within a State and consumed with­ governmental entity using any natural gas published L'l the CONGRESSIONAL RECORD Of in the same State shall be treated as sales after it is delivered in interstate or intra­ December 8, 1975, on pages 39152-39156.) of natural gas in interstate commerce. state commerce. The term includes a pro­ Section 25 of the Natural Gas Act (as "(5) The term 'joint venture' means any ducer or small producer who consumes nat­ added by section 208) is amended by insert­ Undertaking by two or more persons who have ural gas (except for transporting or process­ ing "commercial" after "small" and before a community of interest in the purposes of ing natural gas) in facilities owned or con~ "user" in the first sentence of subsection (a). the undertaking, and who share the right to trolled or under common control by such By Mr. MOFFETT: control or direct the conduct of the under­ producer or small producer. (Amendment to the Krueger amendment taking." "NEW NATURAL GAS published in the CONGRESSIONAL RECORD of "(7) The term 'major integrated petroleum "SEC. 203. {a) GENERAL.-Notwithstand­ December 8, 1975, on pages 39152-39156.) company' means any company that, together ing the provisions of sections 4 and 5 of this Add at the end of new sec:ltion 25 (as wi'th all affiliates, (A) owns or controls total assets that exceed $1,000,000,000 in value, (B) Act and except as provided in subsection (1), added by section 208) the following: new natural gas may be sold Ol! transferred "(c) As used in subsection (a), the term which is engaged in the production of crude in interstate commerce or may be sold or 'small commercial user' means any user of oil, and (C) which is engaged in (i) the re­ transferred in intrastate commerce on or natural gas, for other than residential pur­ fining of crude on, (ii) transporting of crude after the date of enactment of this title, by poses, who uses less than 50 Mcf of natural oil or refined petroleum products by major a producer only if its price does not exceed gas per day on a peak day." pipeline, or (iii) marketing of refined petro­ the sum of- By Mr. MOFFETT: leum products; "(1) a base price at the wellhead as deter­ (Amendment in the nature of a Substi­ "(7) The term 'Mcf' means one thousand mined in accordance with subsection (g); tute to the Krueger amendment.) cubic feet of natural gas at 60 degrees Fah­ "(2) any applicable adjustment in accord­ In lieu of the matter proposed to be in­ renheit and 14.73 pounds per square inch ance with subsection (b) or (c); and serted by the amendment offered by Mr. pressure; "(3) an additional or lesser amount, if KRUEGER, insert the following: That this Act "(8) The term 'new natural gas' means any, authorized or required to be charged may be cited as the "Natural Gas Production natural gas that is dedicated to interstate under subsection (d) or (f). and Conservation Act of 1975". or intrastate commerce which the Commis­ "(b) BASE PRICE ADJUSTMENT.-Commenc­ SEc. 2. The Natural Gas Act (15 U.S.C. 717 sion in its discretion determines was not ing January 1, 1977, and at annual inter­ et seq.) is amended by strikng out section dedicated to interstate or intrastate com­ vals thereafter, the national base price enu· 24 thereof (15 U.S.C. 171w) in its entirety merce prior to January 1, 1976; Provided, merated in subsection (g) shall be adjusted and by inserting immediately after the en­ That all such natural gas must be dedicated by the Commission for any inflation or de­ acting clause thereof and before section 1 for a term of not less than 20 years, or until fiation by multiplying it by a number whose thereof (15 U.S.C. 717) the following: "That earlier depleted, to be eligible for sale at a numerator is the annual implicit price de­ this Act may be cited. as the ~Natural Gas price that does not exceed the applicable flator for gross national product as of the Act'." price pursuant to section 203; if such dedi­ date of computation and whose denomina­ cation is for a term of more than 10 years tor is the implicit price defiator for gross TITLE I-GENERAL PROVISIONS but less than 20 years, then a producer or SEc. 3. The Natural Gas Act (15 U.S.C. 717 national product by the base year 1975 as small producer may sell such natural gas at compiled by the Bureau of Economic Analy­ et seq.) is amended by adding at the end a price not to exceed 75 percent of the price thereof the following new title: sis as initially published by the Department that would otherwise be applicable pursuant of Commerce. The adjusted base price shall "TITLE II-PRODUCTION ~"D CONSERVA­ to section 203. No dedications of new natu­ only be applicable to new natural gas first TION INCEL~TIVES ral gas after January 1, 1976, may be for a delivered during the year for which such "SHORT TITLE term or less than 10 years (unless earlier adjusted base price is applicable. depleted). "(c) ADDITIONAL PRICE !NCREASE.-A pro­ "SEc. 201. This title mav be cited as the "(9) The term 'old natural gas' means 'Natural Gas Production and Conservation ducer may, at the time of dedication of new natural gas that, prior to January 1, 1976, natural gas, provide by contract for an auto­ Act·. was dedicated to interstate commerce on the "DEFINITIONS matic annual increase in the price of such date of the first dellvery of such natural gas natural gas which is delivered in a particular "SEc. 202. As used in this title: as determined by the Commission in its dis· year. The amount of such increase may not " ( 1) The term 'affiliate' means any person cretion. exceed 2 percent per year of the adjusted directly or indirectly controlling, controlled "(10) The term 'pipeline' means a person base price of such natural gas at the time of by, or under common control or ownership engaged in the transportation by pipeline of such dedication, except the Commission may with any other person as determined by the natural gas in interstate commerce except authorize an increase in the price that may Commission by rule. In promulgating rules that the term does not include persons who be charged by a particular producer or small under this paragraph to specify when one are exempt from the Commission's jurisdic­ producer for flowing new natural gas by an person is an affiliate of another person, the tion pursuant to sections l(b) or 1(c) of this additional amount if, at an} time during the Commission shall consider direct or indirect Act. legal or beneficial interest in another person " ( 11) The term 'producer' means e. person contract period, such an additional increase or any direct or indirect legal power or in­ who (A) produces and sells more than 10 is shown to be necessary to cover the cost of fluence over another person, arising through million Mcf of natural gas per year or (B) production of such new natural gas and to direct, indirect, or interlocking ownership of produces and sells natural gas and does not provide a reasonable rate of return on invest­ capital stock, interlocking directorates or of­ otherwise qualify as a small producer. ment to such producer or small producer. ficers, contractual relations, agency agree­ " ( 12) The term 'purchaser' means a person "(d) SPECIAL PRICE.-(1) The Commis­ ments or leasing arrangements. who purchases or acquires natural gas from sion may authorize a person to charge for " ( 2) The term 'boiler fuel use of natural n producer or small producer. new natural gas an amount in excess of the gas' means the use of nat·ural gas or syn­ " ( 1'3) The term 'residential user' means a price authorized in subsection (a) in any thetic natural gas as the source of fuel for person who uses natural gas for personal, high-cost production area or at any vertical the purpose of generating steam or electricity family, or household purposes. drilling depth designated by the Commis­ in amounts in excess of 50 Mcf on a peak day. "(14) The term 'small user' means a per­ sion. The Commission shall consider the es­ "(3) The term 'Federal lands' means any son or governmental entity that used not tablishment of such special prices simultane­ land or subsurface area within the United more than 50 Mcf of natural gas on its peak ously with the establishment of a national States which is -owned or controlled by the day of natural gas usage in the preceding base price pursuant to subsection (g) of this Federal Government or with respect to which calendar year. section. The cost data for any such high­ the Federal Government has authority, di- " ( 15 ) The tertn 'sma11 producer' means a cost production or vertical drilling shall not · 1820 CONGRESSIONAL . RECORD__;_ HOUS:E February 2, 1976 be considered in establishing or reviewing thermal unit (Btu) content from a. base of standing .the provisions of sections 4 and 5 the national base p·rice. · The Commission one thousand Btu's per cubic foot of natural of this Act~ a small producer may sell new may designate one or more high-cost pro­ gas at 60 degrees Fahrenheit and 14.73 natural gas in interstate or intrastate com­ duction areas or depths, and, pursuant to pounds per square inch pressure; and merce at a. price. that exceeds the pric'e subsection (g), it may establish one or more (5) an amount equal to the uncom­ authorized to be charged by a producer pur­ high-cost rates if the Commission finds pensated value of any advance payments or suant to subsection (a) so long as such pric~ that- any other form of compensation paid to the does not exceed the applicable authorized " (A) the current and prospective costs of producer or small producer. priye by more than 50 percent except that a production over the next 5-year period in (g) COMMISSION BASE PRICE DETERMINA• s~all . producer may not sell new natural gas any such high-cost production area or depths TION.-(1) Within 180 days after the date in interstate or intrastate commerce at a as designated by the Commission are sub­ of enactment of this title, the Commission price that exceeds the price authorized to be stantially above the current and prospective shall establish an initial national base price charged by a producer pursuant to subsec­ real costs of production upon which the na­ (to be retroactive to January 1, 1976) for tion (a) if such new natural gas was dis­ tional base price authorized under subsec­ new natural gas. The Commission shall re­ covered by a producer, as determined by the tion (g) is based; and view and reestablish the national base price Commission. "(B) the production of new natural gas in and any high-cost production base price at "FILING REQUIREMENT such designated high-cost production areas 5-year intervals after the date of such initial or depths promotes the public convenience establishment pursuant to paragraphs (2) "SEc. 204. All purchasers shall file with and necessity. and (3). Any subsequent price so established the Commission all new natural gas sales "(2) The Commission shall authorize a shall apply only to new natural gas first contracts, transfer agreements, or any other person to charge a special price for new delivered during that 5-year period. transfer arrangements. liquefied, regasified, or synthetic natural gas. "(2) In establishing the initial national "OLD NATURAL GAS Such special price may exceed the price au­ base price of new natural gas and initial "SEc. 205. The Commission, notwithstand­ thorized under subsection (a) if such person high-cost production base prices, if any, and ing any other provision of law, shall . not establishes to the satisfaction of · the Com­ in establishing subsequent national and sub­ authodze an increase in the price charged mission that (A) such liquefied or synthetic sequent high-cost production base prices, the by a producer or small producer of old nat­ natural gas production or regasification pro­ Commission shall consider with respect to ural gas unless such an increase is neces- motes the public convenience and necessity; new natural gas in the relevant area current sary- · and (B) such special price is just and rea­ and prospective real costs of production over " ( 1) to cover the cost of production sonable. the next 5-year period, plus a reasonable (including dtleper . drilling or reworking "(3) (A) Any person receiving Commission rate of return on investment which is con­ operations) of such old natural gas and to . authorization to produce, or to acquire from ducive to attracting the capital necessary to provide a reasonable rate of return on invest­ an affiliate, such synthetic natural gas, may discover and produce such natural gas. ment to such producer or small producer; include in its cost of service reasonable in­ " ( 3) In establishing any base price for new or terest expenses on borrowed funds and a rea­ natural gas, the Commission shall proceed "(2) to afford (A) such a producer a price sonable return on equity expended in con­ in accordance with the provisions of section which is equal to a cost-based price which nection therewith during the construction 553 of title 5, United States Code. In addi­ the Commission has authorized a similarly period of any plant constructed and operated tion the Commission shall afford interested situated producer of old natural gas; or (B) for the purpose of manufacturing synthetic persons an opportunity to present testimony such a small producer a price that is equal to natural gas for sale. in oral hearings, and it shall permit limited "(B) Any such plant, .any sales or trans­ cross-examination by representative parties a cost-based price which the Commission has on any issue of fact which the Commission, authorized a similarly situated small pro­ portation of such synthetic natural gas, and ducer to charge for old natural gas. any person owning and/ or operating such in its discretion, determines is material if plant shall be subject to- such cross-examination is necessary and "RESIDENTIAL AND OTHER SMALL USERS "(1) the jurisdiction and authority of appropriate in light of the time constraint "SEC. 206. (a) GENERAL.-The Commission the Commission under title I of this Act to under paragraph (1). shall- the same extent as if it were a natural-gas "(h) CoNTRACT SANCTITY.-The Commis­ "(1) require all pipelines to file separate company; and sion shall not order a decrease in the price tariffs with respect to (A) old natural gas, "(ii) the provisions of this title, of new natural gas With respect to any sale (B) new natural gas, and (C) synthetic or except that such jurisdiction shall not in­ thereof which is made pursuant to the ap­ liquefied natural gas in suoh form and man­ clude the feedstock of such plant. plicable base price, or special prices, if any, ner as to reflect the price and average an­ " (e) EXCEPTION.- ( 1) The Commission for new natural gas and which were in effect nual volumes of each which enter each such shall prohibit a producer of new natural gas at the time such new natural gas is first pipeline; from selling such natural gas at a price au­ delivered to tl,'le purchaser. " (2) require all pipelines to give first pri­ thorized in this section if- "(i) COST PASSTHROUGH.-The Commission ority for sales or transfers under the appli­ " (A) such producer had discovered such shall permit the passthrough, on a dollar­ cable tariff for old natural gas to local dis­ natural gas on Federal lands 2 years or more for-dollar basis, of the cost of all new natural tribution companies, to the extent such old prior to the date of enactment of this title; gas incurred by any pipeline unless such natural gas is avaHable, to meet the require­ and costs exceed the applicable base price to­ ments of each such company's residential " (B) such producer does not establish to gether with any adjustments or special users and small users; and the satisfaction of the Commission that it prices, if any, for new natural gas in which "(3) . promulgate rules to govern sales, ex­ was reasonable for him to have failed to case the. Commission shall not permit such changes, or transfers among pipelines and dedicate such natural gas to interstate com­ passthrough the amount that exceeds the sales, exchanges, or transfers to local distri­ merce prior to the date of enactment of his amount permitted under this title. but ion companies served by multiple pipe­ title. "(j) TREATMENT OF OTHER GAS.-(1) the lines, to the extent necessary to achieve the "(2) A producer of new natural gas who date of enactment of this title, all sales of purpose of this section. is prohibited by paragraph (1) from selling natural gas in interstate commerce that are "(b) ENFORCEMENT.-It shall be unlawful such natural gas at a price authorized under not sales of old natural .gas shall comply for local distribution companies to charge this section shall only be permitted to sell with the provisions of this title concerning residential users and small users rates which such natural gas in interstate commerce as new natural gas. do not reflect the lesser cost of old natural if it were old natural gas, and as if it had "(2) After the date of enactment of this gas for such users. been dedicated to interstate commerce as title, all dedications of natural gas in intra­ "INCREASING NATURAL GAS SUPPLIES of the date of enactment of this title. Such state commerce shall comply with the pro­ "SEC. 207. (a) (1) PROMPT CERTIFICATION.­ a producer shall also be·subject to the pro­ visions of this Act concerning new natural All applications, except where two or more duction requirements of section 207(d). gas. natural gas companies file competing and "(f) ADDITIONAL ADJUSTMENTS.-A producer "(3) Notwithstanding the provisions of mutually exclusive applications under sec­ or small producer shall increase or reduce paragraphs (1) and (2) and section 202(10), tion 7 (c) of this Act, . for the construction the price at which he sells natural gas to of this title, any Federal agency, State, polit­ of pipeline facilities subject to the jurisdic­ a purchaser by the following factors: ical subdivision of a State, Indian t~ibes, tion of the Commission shall be decided by "(1) a gathering allowance as specified by bands, ·or Alaska Natives may, with respect the Commission in accordance with para­ the Commission for any gathering actually to new natural gas that 'they are entitled to graph (2). . performed by the producer or small pro­ taken as a royalty (not to exceed a combined " (2) The Commission shall grant (with or ducer; and cumulative total · of one-eighth interest without conditions) or · deny such applica­ " (2) the actual costs of removing carbon within any State), withdraw such gas from tions wit hin 120 days of the filing of an dioxide, water, ' sulfur, or other impurities interstate commerce after deliveries are com­ application, or within 120 days after the date incurred by the producer or small producer menced and may use or resell such· gas· in of enactment of this title in th'e case of ap­ to d..eliver pipeline quality natural gas; intrastate commerce as new natural gas.· plications pending · before the Comrhission (3) any amount actually paid by a pro­ Nothing in this: paragr!J.ph shall restrict the on such date. The 120-day period Shall com- ducer m; small producer for State or Federal amount of royalties that may be taken hy . mence on the date on which such applica­ production, severance, or similar taxes; any landowner. tions contain all of the information required (4) a proportional adjustment for British "(lc) SMALL PRODUCER PRICING.-Notwith- by the Commission. If the Commission fails February 2, 1976 CONGRESSIONAL RECORD- HOUSE 1821 to grant or deny any such application within "NATURAL GAS CONSERVATION comnusston to implement paragraph ( 1) the applicable 120-d·ay period, the Commis­ "SEC. 208. (a) GENERAL.-The Commission shall also apply with respect to the avail­ sion shall be deemed to have approved such shall by rule prohibit all boiler fuel use of ability of natural gas sold in intrastate com­ application as last submitted. natural gas in interstate and intrastate com­ merce in any State which the Commission "(b) EXEMPTION.-Notwithstanding any merce if such use is not initially contracted determines has not, within 180 days after other provisi-on of law, sales of new natural for prior to Ja.nuary 1, 1976, by users other the date of enactment of this title, taken gas (except synthetic or liquefied natural than residential or small user unless, upon action substantially consistent with the pur­ gas) by producers or by small producers may petition by a user, the Commission deter­ poses of his subsection. be made without any application for a cer­ mines that- "(b) FACILITY INTERCONNECTIONS.-Not­ tificate of public convenience and necessity "(1) alternative energy supplies, other withstanding the provisions of section 7 of under section 7 (c) of this Act and such sale than crude oil or products refined therefrom this Act, the Commission may, by order in shall be made at a price pursuant to the or propane, produced in any State are not accordance with this subsection, direct any applicable provisions of section 203. available to such user; or pipeline t o establish a physical interconnec­ "(c) CoMMoN CARRIE&.-After date of en­ "(2) it is not feasible to utilize such alter­ tion between any specified facility of such actment of this title the Commission shall, native fuels at the time of such Commission pipeline and any specified facility of any as a prerequisite to granting any certificate determination. other such pipeline. The Commission shall of public convenience and ne.cessity for fa­ "(b) EXISTING CONTRACTS.-The Commis­ apportion equitably the costs of any such cilities for transporting or gathering natural sion shall promulgate, by rule, a national interconnection to the pipeline or pipelines gas on Federal lands, require such transpor­ plan to prohibit as soon as practicable boiler initially benefiting therefrom. The Commis­ tation and gathering facilities to be common fuel use of natural gas initially contracted sion may issue· such an order upon petition carriers for use by any pipeline to transport for prior to January 1, by users other than of any natural-gas company, producer, small natural gas upon payment of a reasonable residential or small users. In determining producer, or user, or appropriate State agen­ trall&portation fee. The Commission shall practicability, the Commission shall con­ cy,. or on its own motion, after (1) publish­ require other natural gas gathering and sider all relevant factors, including the ing a notice thereof in the Federal Reg­ transportation systems to operate on such availability of alternative energy supplies ister; (2) allowing interested persons an a common-carrier basis for use by any pipe­ produced in any State, other than crude oil opportunity to submit written data, views, line to the extent tha,t surplus capacity is or products refined therefrom or propane, and arguments and providing an opportunity available. the ability to satisfy applicable pollution for a hearing; and (3) finding (and publish­ "(d) RESOURCE EVALUATION.-In estimating prevention standards when using such alter­ ing such finding together with the reasons the value of natural gas on Federal lands native fuels, and the need to avoid imposing therefor) that the establishment of such in­ for the purpose of determining the sufficiency unreasonable economic hardships. The Com­ terconnection is in the public interest for of any bid, the Secretary of the Interior mission shall coordinate its activities with the purpose of facilitating the transportation shall utilize the appropriate applicable price other Federal agencies to assure that boiler or sale of natural gas in the event that a ceiling established by the Commission as fuel use of natural gas by users other than natural-gas supply emergency develops with­ adjusted pursuant to section 203. residential or small users is ended to the in the service area of any pipeline affected " (e) DEDICATION REQUmEMENTS.-After the maximum practicable extent 10 years after by such order. date of enactment of this title, all production the date of enactment of this title. The "(C) NATURAL-GAS SUPPLY EMERGENCY.­ of new natural gas from Federal lands shall Commission shall also encourage conserva­ The Commission may declare that a natural­ be sold or transferred to a pipeline. tion and more efficient use of natural gas by gas supply emergency, as ascertained by the "{f) RESERVE INFORMATION.-(1) The Com­ all other users. Commission, exists along the transmission mission is further authorized and directed to "(c) PRocEn'URE.-In implementing the routes or within the service area of a pipe­ conduct studies of the production, gathering, provisions of this section with respect to line which is .unable or may be unable to storage, transportation, distribution, and sale intrastate commerce, the Commission shall supply its residential users, small users, hos­ of natural, artificial, or synthetic gas, how­ apply the provisions of section 17 of this Act. pitals, and other services and products vital ever produced, throughout the United States "(d) EFFECT ON '0THER LAWS.-Notbing· in to public health and safety, and other users and its possessions whether or not otherwise this title shall impair any requirement in any using natural gas as a raw material in uses subject to the jurisdiction of the Commis­ State or Federal law pertaining to safety or other than boiler fuel for which there is sion, including the production, gathering, environmental protection. The Commission, no substitute, with the amount of natural storage, tram;portation, distribution, and in determill.ing feasibllity or practicability, gas ~etermined by the Commission to be sale of natural, artificial or synthetic gas .by where required by this section, shall not as­ necessary atter all possible conservation any agency, authority, or instrumentality of sume that there will be any lessening in any measures are taken to preserve public health the United States, or of any State or munici­ safety or environmental requirement estab­ or safety or to avoid extreme economic hard­ pality or political subdivision of a State. It lished pursuant to State or Federal law. ship. Any such declaration shall state the shall, insofar as practicable, secure and keep "NATURAL GAS CURTAILMENT ~ature and extent of such supply emergency, current information regarding the owner­ 1ts likely duration, and the remedial steps ship, operation, management, and control of "SEC. 209. (a) ESSENTIAL AGRICULTURAL PuR­ proposed or ordered by the Commission to all facilities for production, gathering, stor.:. POSES.-(!) Except to the extent that natural deal with such emergency. Whenever such age, transportation, distribution, and sale; gas supplies are required to maintain an emergency is declared, the Commission the total estimated natural gas reserves of natural gas service to residential users, small may, by order, direct any pipeline or pipe­ fields or reservoirs and the current utiliza­ users, hospitals, and similar services and lines which is not itself experiencing such an tion of natural gas and the relationship be­ products vital to public health and safety, emergency to make specified deliveries of tween the two; the cost of production, gath­ and notwithstanding any other provision of natural gas, directly or indirectly, to the ering, storage, transportation, distribution, law or of any natural gas allocation or cur­ tailment plan in effect under existing law, pipeline which is experiencing such emer­ and sale; the rates, charges, and contracts in the Commission shall, by rule, prohibit any gency. The amount of natural gas specified respect to the sale of natural gas and its interruption or curtailment of natural gas to be delivered pursuant to such order may servi~e to residential, rural, commercial and and take such other steps as are necessary to not exceed the amount which such pipeline industrial .consumers, and other purchasers assure as soon as practicable the availability· can deliver without creating a comparable by private and public agencies; and the re.­ in interstate commerce of sufficient quan­ emergency · or significant unemployment lation of any and all such facts to the devel­ tities of natural gas for use for any essen­ along its own transmission routes or within opment of conservation, industry, commerce, tial agricultural, food processing, or packag­ its own service area. A pipeline delivering and the national defense. The Commission ing purpose for which natural gas is essen­ natural gas pursuant to such an order shall shall report to the Congress and may publish tial, including but not limited to irrigation be compensated for such gas at a rate equal and make available the results of studies pumping, crop drying, use as a raw material to the highest rate at which natural gas is made under the authority of this subsection. feedstock or process fuel in the production sold for resale by such pipelines.". · "(2) In making studies, investigations, of fertilizer and essential agricultural SEc. 4. Section 2 of the Natural Gas Act and reports under this section, the Commis­ chemicals in existing plants (for present or (15 U.S.C. 717a) is amended (1) by inserting sion shall utilize, insofar as practicable, the expanded capacity) and in new plants. The in paragraph (7) thereof afte-r "thereof," and services, studies, reports, information, and Secretary of Agriculture shall determine by before "but only insofar" the following: "or programs of existing departments, bureaus, rule the essential agricultural, food process­ between a point upon Federal lands within offices, agencies, and other entities of the ing, or packaging purposes {other than boiler a State and any other point,"; (2) by insert­ United States, of the several States, and of fuel use of natural gas) for which natural ing in paragraph (5) thereof (A) after "gas" the natural-gas industry. Nothing in this gas is essential. The Secretary of Agricul­ and before "unmixed" the following: "pro­ section shall be construed as modifying, reas­ ture shall also certify to the Commission the duced from a gas well or an oil well" and (B) signing, or otherwise affecting the investiga­ amount of natural gas which is necessary by inserting after "natural" and before "and" tive and reporting activities, duties, powers, for such essential uses to meet requirements the following: "synthetic"; and (3) by in­ and functions of any other department, for full domestic food production. serting the following new paragraph: bureau, office, or agency in the Federal "(2) Notwithstanding any other provision "(10) 'synthetic natural gas• means gas Government. of law, any regulation promulgated by the entering a pipeline or intrastate pipeline or 1822 CONGRESSIONAL RECORD- SENATE February .2, 1976 local distribution company produced from any other Federal Law under which Congress ness fees, and (C) whenever and to the ex­ any source other than a gas well or an oil directs the Commission to exercise any In· tent deemed necessary or appropriate to deter well. As used in this paragraph 'intrastate dependent regul111tory function; future violations, punitive damages. Any pipeline' means a person engaged in the (B) any uuly 'aUthorized rule, regulation, court of appeals of the United States in transportation by pipeline of natural gas in or license issued under any such law~ or which venue 1s appropriate under section intrastate commerce.". {C) any condition ot any certificate of 1391 of title 28, United States Code, shall SEc. 5. Section 20 of the Natural Gas Act public convenience anci necessity issued by have jurisdiction, upon petition by the Com­ (15 U.S.C. 717s) is amended by adding at the Commission under any such law. mission, to grant appropriate mandatory or the end thereof the following new sub­ (2) The Court shall have the power to prohibitive injunctive .relief, and, at any time section: grant such equitable relief as is necessary to interim equitable relief:'. "(d){1) Any district court of the United prevent, restrain, or remedy the effect of such SEc. 6. The Bureau of Economic Analysis States in which venue is appropriate under violation, including declaratory judgment, shall continue to compile, and the Depart­ section 1391 of title 28, United States Code, mandatory or prohibitive injunction relief, ment of Commerce shall continue to publish, shall have jurisdiction, without regard to the and interim equitable relief, and the court the implicit price deflator for gross national citizensh1p of the parties or the amount tn shall further have the power to award (A) product, in accordance with prooedures con­ controversy, w1th respect to any civil action compenss.tory damages to any injured person sistent with those in effect on January 1, involv1ng any alleged v1olation of- or class of persons, (B) costs of litigation in­ W76, in order to cany out the purposes of (A) this Act, the Federal Power Act, or cluding reasonable attorney and expert wit- this Act.

SENATE-Monday, February 2, 1976 The Senate met at 11 a.m. and was may be authorized to meet during the give the lie to those who greet each an­ called to order by the President protem­ session of the Senate today. nouncement that Congress is in recess with: pore (Mr. EASTLAN»). The ACTING PRESIDENT pro tem­ "How can you tell?" pore. Without objection, it is so ordered. PRAYER ORDER OF BUSINESS The Chaplain, the Reverend Edward CONGRESS DIDN'T VOTE WITH ITS The PRESIDENT pro tempore. The L. R. Elson, D.D., offered t~e following FEE'l' prayer: minority leader is recognized. Mr. MANSFIELD. Mr. Pl·esident, I ask Mr. . Mr. President, I Hear the words of St. Matthew: unanimous consent that .an editorial yield back my time. Seek ye first the kingdom of God, and published in the Christian Science Moni­ Mr. ROBERT C. BYRD. Mr. President, his righteousness; and all these things tor of January 30, 1976, entitled "Con­ I ask unanimous consent that the order shall be added unto you.-Matthew 6~ 33. gress Didn't Vote With Its Feet,'' be for the recognition of Mr. MusKIE at this We thank Thee, 0 Lord, for showing printed in the RECORD. time be vitiated. us that all life falls into order when we There being no objection, the editorial The PRESIDENT pro tempore. With­ seek first Thy kingdom for Thy king­ was 01'Clered to be printed in the RECORD, out' objection, it is so ordered. dom's sake and righteousness for right­ as follows: Under the previous order, the Senator eousness' sake. Help us in our witness from Montana (Mr. MANSFIELD) is rec­ a11d in our work to seek first Thy king­ CONGRESS DIDN'T VOTE WITH ITS FEET ognized. dom above all selfish ambition, above all President Ford might have preferred. less devotion to uuty by his former congressional Mr. ROBERT C. BYRD. Mr. President, party programs. above all ethnic advan­ coUeagues last year, since so many of their I ask unanimous consent, on behalf of tages, .above .regional requirements, votes went against him. But at least he {}aU­ Mr. MANSFIELD, that the order for his above exclusively national interests; in not call them A do-no:thJ.ng Congress 1n the time be vitiated. the confidence Thou art a God of history sense of falling to vote. Though 1t sometimes The PRESIDENT pro tempore. With­ whose grace is sufficient for all nations seemed as if Congress -were on vacation more out objection, it is -so ordered. and whose love .encompasses all men. In­ than tt was minding the store, the senate vest us with Thy transforming spirit that and House took '19 more roll-call votes than ever before, for a total of 1,214, according to WAIVER OF CALL OF THE CALENDAR we may w-ork with clean hands and pure the Congressional Qua·rterly-. And the aver­ hearts in moving forward ThY kingdom. age member of Congress participated in 91 Mr. ROBERT .C. BYRD. Mr. President, In Thy .holy name we pray. Amen. percent of them, .2 percent above the record at the majority leader's request, I -ask set in 1956. unanimous eonsent that the call 6f the The 94th Congress was obviously not voting THE JOURNAL legislative calendar, under rule vm, be with its feet, as recommended by Mr. Ford's dispensed wlth. !~r.li~~IJ).~r.Pr~dent,Iask Republican opponent, Ronald Reagan, to Americans who don't like things where they The PRESIDENT pr.o tempore. With­ unanimous consent that the reading of are. Pa.rtlcularly dedica.ted to staying en hand out objection, it is so 01-de.red. the Journal of the proceeclin,gs of Friday, to be counted was · Senator Proxmire of January "30, 1976, be dispensed witb; Wisconsin, who has made all the v~tes since The PRESIDENT pro tempore. With­ 1966 and was the cnly Senator to do so in ORDER OF BUSINESS out objection, it is so ordered. 1975. In the House, Representative Natcher The PRESIDENT pro temP'ore. Under of Kentucky completeil his .22nd perfect year the previous order~ the Senato.r fr.om among seven representatives who scored 100 Michigan {Mr. GRIFF.IN) is recognized ORDER FOR TE~CAL AND percent 1n l.D75. CLERICAL CORRECTIONS mEN­ Alas, two of those now most actively seek­ for not to exceed 15 minutes. GROSSMENT OF SENATE AMEND­ ing the votes of others were among the least Mr. GRIFFIN. Mr. President, I yield MENTS TO H.R. 5608 active voters in Congress--Representative back the time allotted to me. Udall winding up second lowest (47 percent) Mr. MANSFIELD. Mr. President, I ask in the House and Senator Bayh at the very unanimous consent that the Secretary bottom (56 percent) In the Senate. Other ROUTINE MORNING BUSINESS of the Senate be authorized to make presidential candidates found more time to te"hnical and clerical corrections in the be present, with SenatOO" Byrd hitting 99 per­ The PRESIDENT pro tempore. Under cent of the votes, SenatoT Jaekson 95 pereent, the previous order, there will now be a engrossma1t of Senate amendments to and .senator Bentset1. 83 percent. period for the transaction of routine H.R. 5608, the Wetlands Loan Extension Of course, such haiti statistics are only a morning business, for not to exceed 30 Act of 1976. part of anyone's record. A 48-point spread minutes, with .statements therein limited The PRESIDENT pro tempOl'e. With­ between the voting percentages of Udall and to 5 minutes each. out objection, it is so ordered. Jackson hardly measures the differences between them as candidates. And who is to Mr. ROBERT C. BYRD. Mr. Presi­ say how few ellli~tened votes it takes to dent, I suggest the absence of a quorum. COM111I'ITEE MEETINGS DURING outweigh how many misguided ones? The PRESIDEN'r pro tempore. The SENATE SESSION But, on balance, voting is better than a lot cle.rk will call the roll. of things members of Congress might be do­ The assistant legislative clerk . pro- :Mr. MANSFIELD. Mr. J:>resident, I ask ing when they happen tb be in Was)lington. ceeded to call the roll. · . unanimous consent that all committees A:nd their impresSive· figures for 1975 surely . Mr~ MANSFI~LD .. l\rr. President.) ask