Volume 113-Part 1

UNITED STATES OF AMERICA th PROCEEDINGS AND DEBATES OF THE 90 CONGRESS FIRST SESSION VOLUME 113-PART 1 JANUARY 10, 1967, TO JANUARY 24, 1967 (PAGES 3 TO 1422) UNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON, 1967 1278 CONGRESSIONAL RECORD - SENATE January 23, 1967 3. Authorize the Appalachian Regional De by Section 401, to be deposited In a revolv There being no objection, the memo velopment Commission to approve for as Ing fund. randum was ordered to be printed in the sistance the programs and projects author 5. Add 26 counties In Mississippi to the RECORD, as follows: ized by the Act, and to advance funds Appalachian region. appropriated under the Act to the depart 6. Also Include provisions to: Authorize THE LIBRARY OF CONGRESS, ments and agencies Implementing those pro the States to construct segments of the de Washington, D.C., December 20, 1966. grams and projects. velopment highway system In advance of From: American Law Division. Applications for programs and projects are appropriations. PrOVide Commission em SUbject: Revision of Senate Rules at the now approved for assistance by the Commis ployees certain .Federal service credits. Re Opening of a New Congress. sion, following approval by the State member Imburse the cost of attracting, training and You have asked what procedures and sug (Sec. 303). Programs and projects may not retaining personnel at a demonstration gested rulings seem to be most defensible be Implemented until plans for them have health project. Add abandoned 011 and gas and logical for placing before the Senate at been recommended by the Commission, sub wells. waste piles, and land acqUisition costs, the opening of a new Congress the question mitted to and approved or modified by the to the mining area restoration authority. of the constitutional right of the majority to President or his designate (Sec. 223). Add "equipment" to the vocational educa terminate debate on modification of Rule The amendments would permit the Com tional facilities grant authority. Make local XXII. There is general agreement that the mission to testify to the appropriations for development districts eligible for planning Presiding Officer cannot and should not de the Appalachian program (now within the grants under Section 701 of the Housing Act cide the constitutional Issue. There is. how of 1954. Authorize grants under the Ele ever, some disagreement about Whether, In agency budgets at Commerce, HEW, Agricul mentary and Secondary Act of 1965 to local ture and Interior) by directing the appropri the absence ofa unanimous-consent agree education agencies and the Commission for ment, there is any way, short of adopting a ation to the Commission, which would then educational planning and research. Trans cloture petition, for the Senate to decide the advance funds for Its programs to the opera fer from the Secretary of Commerce to the Issue unless the Presiding Officer simply puts tional agencies. Commission the authority to make grants for the question to the Senate for a vote With 4. Authorize a loan program under Sec administrative expenses (and technical serv out debate. tion 221 of the National Housing Act, lim Ices) of local development districts. There are some who argue that any ruling Ited to $5 million of the funds authorized (Summary prepared for Senator Cooper.) of the Chair which permits a vote on the constitutional issue without follOWing Rule Appalachian program funds (except development highways) XXII is in effect a decision by the Chair on the constitutional Issue. Not lIO. Given an [In millions o[ dollars] opportunity to vote, the majority might de cide that Rule XXII was not unconstitu Authorized, Appropri- Proposed, tional. A ruling that debate must continue first 2 years I ated next 2 years 2 until cloture be Invoked under Rule XXII is more nearly characterized as a decision by Sec. 105. Administration_______________________________________________ 2.4 2.39 2 the Chair on the constitutional Issue because Sec. 202. Demonstration health [acilities_______________________________ 69.0 23.5 70 it might effectively prevent the Senate from Sec. 203. Lani! stabilization, conservation, erosion controL_____________ 17.0 10 17 deciding the issue. Ideally, however, the Sec. 204. Timber development organizations___________________________ 5.0 1 4 parliamentary situation should develop so Sec. 205. l\lining area restoration_______________________________________ 36.5 24.85 39.15 Sec. 206. Water resource survey .___________________ 5.0 3.3 2 that the Vice President need give no ruling, 5 nor even an opinion, on the constitutional ~:~: ~n: V.:.si~~aJeducatl,;il -faciiiiles ~=== ================ ==== === == === --------- i6~() ----- -- -iii---- 18 issue. Such a development seems possible, Sec. 212. Sewage treatment works_ _ 6.0 6 6 though, to be sure, a new trail would be Sec. 214. Gnmt·in-aid supplements_ 90.0 75 90 Sec. 302. Local development districts_ 5.5 5.25 10 blazed. It is a trail, however, marked by some favorable precedents. Total under sec. 401 _ 252.4 167.29 263.15 One parliamentary fact of life sometimes overlooked is that the Rule XXII procedure • Authorized by act o[ Mar. 9, 1965, for period through June 30. 1967. is not the only one available for limiting or 2 Proposed by amendments o[ 1967, [or period through June 30.1969 terminating debate on a matter. Watkins NO'l'E.-Dors not include 6-year total o[ $840,000,000 for development highway system authorized by act o[ 1965 and Riddick in Senate Procedure list 27 non proposed to be increased $175,000,000 by amendments o[ 1967. debatable matters (S. Doc. No. 44, 88th Cong.. (Prepared [or Senator Cooper.) 1st Sess., pp. 325-327). If the constitutional Issue were so framed that the Senate could vote upon It as a non-debatable matter, there would be no need for a decision of the Chair SENATE RULES-AMENDMENT OF A. Doyle, legislative attorney, referring on the issue. In his remarks at the opening RULE XXII, RELATING TO CLO to the fact that the Presiding Officer of the 85th, 86th and 87th Congresses, Vice could really rule that the Senate could President Nixon pointed the way. Perhaps TURE set aside, by majority vote, its present the most significant of his comments were Mr. HOLLINGS. Mr. President, at the rules of itself being a continuing body made In 1959: without the Presiding Officer taking a "If, for example, during the course of the advent of Telstar, someone remarked, debate on the motion of the Senator from Was it not a shame that the greatest stand. Texas, which deals with changing the rules, breakthrough in communications in the Referring to the memorandum, it a Senator believes that action should be history of man should come at a time states on page 1: taken and debate closed, such Senator at when man had nothing to say? You have asked what procedures and sug that time COUld, in the opinion of the Called upon to make my maiden ad gested rulings seem to be most defensible Chair, raise the constitutional question by dress, it also comes at a time when I and logical for placing before the Senate at moving to cut off debate. The Chair would the opening of a new Congress the question indicate his opinion that such a motion was have nothing to say that has not been of the constitutional right of the majority in order but would submit the question to said before-far more eloquently and to terminate debate on modification of Rule the Senate for Its decision." CONGRESSIONAL with greater authority. XXII. There Is general agreement that the RECORD, volume 105, part I, page 9. One significant thing should be ob Presiding Officer cannot and shOUld not de And later in that session he said: served first, however, and that is that cide the constitutional issue. There is, how "A constitutional question would be pre the Presiding Officer, the Vice President ever, some disagreement about Whether, in sented If the time should come during the of the United States, has put to rest the the absence of a unanimous consent agree course of the debate when action on chang doubt with respect to the U.S. Senate ment, there is any way, short of adopting a ing the rules should seem unlikely because cloture petition, for the Senate to decide the of extended debate. At that point any Mem being a continuing body. Issue unless the Presiding Officer simply puts ber of the Senate, in the opinion of the It has been stated that the entire mat the question to the Senate for a vote with Chair, would have the right to move to cut ter of rule XXII beg{l,n with the intro out debate. off debate. Such a motion would be ques duction by the Senator from South Da There are some Who argue that any ruling tioned by raising a point 0/ order. At that kota [Mr. MCGOVERN], of Resolution 6. of the Chair which permits a vote on the point the Chair would submit the question However, I should like to think that the constitutional Issue without following Rule to theSenate on the ground that a constitu controversy really began on December XXII Is in effect a decision by the Chair tional question had been raised because o~ 20 of last year, in a memorandum pre on the constitutional issue. the Chair's opinion that the Senate, at the commencement of a new Congress, has the pared by the American Law Division of Not so, says the memorandum. power to make its rules. That power, in the the Library of Congress, entitled "Revi Mr. President, I ask unanimous con Chair's opinion, cannot be restricted even sion of Senate Rules at the Opening of a sent to have the entire memorandum by action of the Senate Itself, which would New Congress," and signed by Vincent printed in the RECORD.

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