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Dece-mbe-1r 14, 19 74 - SENATE ·39897 Finally, we have expressly instructed our letter of October 17 with further reference to know the nature a.nd substance ot that ex­ ambassadors in various countries, including to our policy with regard to human rights in change, the precise circumstances surroun

SENATE,-Saturday, December 14, 1974 The Senate met at 9 a.m. and was will please read a communication to the proceeded to the consideration of execu­ caIIed to order by Hon. El;lNEST F. HOL­ Senate from the President pro tempore tive business. LINGS, a Senator from the State of South (Mr. EASTLAND) . The ACTING PRESIDENT pro tem­ Carolina. · The assistant legislative clerk read the pore. The nominations will be stated. following letter: PRAY~R U .$. SENATE, PRESIDENT PRO TEMPORE, DEPARTMENT OF STATE The Chaplain, the Reverend Edward . Washington, D.C., December 14, 1974. L. R. Elson, D.D., offered the following To the Senate: The assistant legislative clerk pro­ prayer: Being temporarily absent from the Senate ceeded to read nominations in the De­ on official duties, I appoint Hon. ERNEST P. partment of State. O God. our Father ~ grant that what­ HOLLINGS, a Senator from the State of South Mr. ROBERT c. BYRD. Mr. President, ever happens in this Chamber on this Carolina, to perform the duties of the Chair l ask unanimous consent that the nomi- day, we, Thy servants, may be kept un­ during my absence. nations be considered en bloc. - der the shelter of Thy grace. If we have JAMES 0 . EASTLAND, . The ACTING PRESIDENT pro tem­ hard problems to solve, help us to ask for President pro tempore. pore. Without obJeetion, the neminations Thy light upon them, that we may see Mr. HOLLINGS thereupon took the are considered and confi1·med en bloc. the way clearly. If we have difficult tasks chair as Acting President pro tempore. to perform. help us to seek Thy strength that we may do that which we could not NOMINATIONS PLACED ON THE SEC­ do ourselves. If we have temptations, help THE JOURNAL RETARY'S DESK-COAST GUARD us to remember the One who was tempted Mr. ROBERT C. BYRD. Mr. President, The assistant legislative clerk pro­ as we are tempted. but yielded not, and I ask unanimous consent that the read­ ceeded to read sundry nominations in the is now ready to help others who are ing of the Journal of the proceedings of Coast Guard which had been placed on tempted. As we exert extra efforts, may Friday, December 13, 1974, be dispensed the Secretary's desk. · we produce extraordinary results so that with. The ACTING PRESIDENT pro tem­ when we come to the day's end we may The ACTING PRESIDENT pro tem­ pore. Without objection, the nominations have no regrets. Bring us to the rest and pore. Without objection, it is so ordered. are considered and confirmed en bloc. worship of the Advent Sabbath, that we Mr. ROBERT C. BYRD. Mr.President. may rejoice in the light which shines I ask unanimous consent that the Presi­ from Bethlehem. Amen. dent be notified of the confirmation of Mr. ROBERT C. BYRD. Mr. President, these nominations and that ·the Presi­ APPOINTMENT OF ACTING PRESI­ I ask unanimous consent that the Senate dent also be notified of the confinnation go into executive session to consider nom­ of the nominations earlier this week. DENT PRO TEMPORE inations on the calendar. The ACTING PRESIDENT p1·0 tem­ The PRESIDING OFFICER. The clerk There being no objection, the Senate pore. Without objection. it is so ordered. CXX--2515-Part 30 39898 CONGRESSIONAL RECORD- SENATE December 14, 1974 LEGISLATIVE BUSINESS to House amendment No. 17. The time rules of germaneness on the part of the Mr. ROBERT C. BYRD. Mr. President, is to be equally divided between and House, they are not able to agree to the I ask unanimous consent that the Sen­ controlled by the distinguished Senator language and put it in the conference ate resume the consideration of legisla­ from Alabama (Mr. ALLEN) and the dis­ report. So what they do is what they did tive business. tinguished Senator from in this case, agrea on what was to be done, (Mr. HUGH SCOTT). and prepare the blueprint for action by There being no objection, the Senate Who yields time? the House and action by the Senate to resumed the consideration of legislative Mr. ALLEN. I yield myself 5 minutes. resolve the differences. business. Mr. President, I favor the supple- Mr. President, there were 16 members mental appropriations bill, and my ef­ of the conference committee representing COLLEGE FOR CONGRESSMEN forts and the efforts of those who are the Senate. Fourteen of them signed the Mr. HUGH SCOTT. Mr; President, I opposing the Scott amendment are di­ report recommending that the Senate see that some of the new Members of rected toward saving this bill. I feel that concur in the action of the House. But Congress are going to Harvard before if the Scott amendment is adopted, this this matter was agreed to by the con­ they go to Congress. This suggests a new measure will have to go back to the ferees, and if we can def eat the campaign slogan: "If you elect me to ~ouse and in all likelihood back to con­ motion today, I should feel that the Sen­ Congress, I'll go to Harvard." I do not ference. The House having voted twice ator from Pennsylvania, rather than run know the appeal of the slogan. I am in in favor of the Holt amendment, or a further risk of defeating this bill by in­ favor of education. modification of the Holt amendment in sisting on his amendment, would with­ In all seriousness, I think this oppor­ the second instance, it is entirely likely draw the amendment and let the motion tunity is a good one. The members of that the conferees will be adamant and of the Senator from Arkansas (Mr. Mc­ both parties who are going to go to Har­ that they will not give in and yield to CLELLAN) come to a vote. vard for a crash course in how to legis­ the language of the Scott amendment. The Senator from Alabama is not pre­ late should be commended. It is very Mr. President, while we have before venting a vote on the one motion that much to their credit that they are tak­ the Senate at this time amendment No. will send this bill to the President. That ing this time to learn something about 17 in disagreement, the entire conference is the motion of the Senator from legislation. As one who has been here report and all the other amendments Arkansas. The Senator from Alabama is a while, I think there is nothing which are, in effect, still before the Senate; be­ for that motion. He wants to see it beats on-the-job training. cause even though the conference report passed, and if we can defeat this cloture I believe that those Members of the has been adopted, and even though all motion today, I hope that sometime dur­ Senate and the House who are already the other amendments of the Senate ing the day, the distinguished Senator here will always be willing to help the new have been agreed to or are part of the from Pennsylvania will recede from his Members, generous in their advice when conference report, yet, they are in a state position of insisting on action on his solicited-and possibly at times when of suspended animation until some amendment and allow the Senate to vote unsolicited. This is the tradition of both agreement is reached on amendment No. on the motion of the Senator from bodies of Congress. 17 in disagreement. Arkansas. I am glad that another fringe benefit As long as the distinguished Senator Mr. HUGH SCOTT. Will the distin­ has been added to membership, and I from Pennsylvania (Mr. HUGH ScoTT) guished Senator from Alabama yield? suggest that other universities begin to insists on having his amendment acted The ACTING PRESIDENT pro tem­ compete, so that a candidate for Con­ upon, that is delaying the passage of this pore. The Senator from Alabama has gress can say, "If you give me a chance supplemental appropriations bill, ap­ consumed 7 minutes. to serve, I'll go to Harvard"--or Yale or propriating some $8 billion to the various Mr. ALLEN. Then I shall be delighted Wisconsin or Columbia or Berkeley or agencies of Government, including more to yield on the time of the Senator from whatever; and the voters, in their delight than $4 billion to the public schools of Pennsylvania. at the prospect of having an educated this Nation. Mr. HUGH SCOTT. If the Senator Congressman, are likely to be impressed. Mr. President, the situation presented ~eeds time, he may use my time. I simply here is entirely opposite from the situa­ rise to make a point. tion presented on the cloture motion yes­ While the Senator from Alabama AN END AND A BEGINNING terday with regard to the trade bill. states that the supplemental is being delayed by the amendment-- Mr. HUGH SCOTT. Mr. President, this There, a cloture motion and the imposi­ week, we are marking an end and a be­ tion of cloture served to expedite the Mr. ALLEN. That is correct. passage of the bill. But, Mr. President, Mr. HUGH SCOTT. I point out that ginning: hopefully the end of the session the supplemental is being delayed by the in which this body has certainly labored the situation is entirely different here, very hard and has produced a good because a cloture vote, a vote for clo­ opposition of the Senator from Alabama amount of substantive legislation, in ture, endangers the passage of the bill, to the amendment, because the amend­ which work has been done in coopera­ and a vote for cloture will delay the ments, if not opposed, could pass in a tion, and we will leave for a sufficient passage of the bill. matter of a few minutes. The right of time to enable a period of refreshment Mr. President, it would be possible in each side to offer an amendment is un­ to be enjoyed prior to our return for the matter of just a few seconds, less questioned. The right of debate is un­ what certainly will be a long and labo­ than a minute, to pass this bill if the questioned. The Senator from Alabama rious session; a beginning, because it is amendment of the Senator from Penn­ is exercising his rights, but the Senator the season of Advent and of Hanukkah. sylvania (Mr. HUGH SCOTT) should be from Pennsylvania has used virtually no Therefore, we are thinking in terms of withdrawn. Then the Senate would be al­ ~ime on the amendment, and does not the newness of existence, of the chal­ lowed to act on, not my motion, but the mtend to use much time. He is so con­ lenges which contemplation of the Ad­ motion of the distinguished Senator fident of the rectitude of his position vent offers us. I hope that from the end­ from Arkansas the effect of this amendment. I do not consider the Holt amendment as tion that HEW thinks that they should The Senator from Alabama pointed either destructive or evil or an abomination take, let me ask how often has this with­ out that if the Senator from Pennsyl­ as previous speakers ha.ve suggested; and I holding of funds taken place in areas vania would withdraw his amendment, am in agreement with those who Just spoke, outside of the South? we could send this bill to the President that we have passed in this House innumer­ Well, there was a recent study. as in a matter of 4 or 5 seconds. But if the able antibusing amendments; on one occa­ shown by the CONGRESSIONAL RECORD, Senator prevails in seeking the adoption sion we even instructed the House conferees page 30422, a recent study by the Cen­ three times not to abandon the House posi­ ter for National Policy Review, and it is of his amendment and it gets adopted, tion on antibusing; in spite of the instruc­ the bill has a ve:ry uncertain fate, be­ tions on those three different occasions, the pointed out that since 1965 there has cause it has to go back to the House, conference report came back watered down been only one instance where Federal which has acted on this very same ques­ so that the antibusing amendment was ab­ funds were withheld from local school tion two times, contrary to the position of solutely meaningless and there were loop­ systems in an area outside of the South­ the Senator from Pennsylvania, and holes that anyone could drive 1,000 school­ only one instance. there is no assurance whatsoever that buses through. Well, if they could nat find a use for agreement can be reached with the The distinguished Senator from Mas­ it in areas outside of the S'Outh but one House. sachusetts (Mr. BROOKE), in argument time, and it does not say what they were The Senator from Alabama is pointing earlier this week, talked about this be­ trying to get them to do-it might not out further that until agreement is ing something having to do with integra­ even have been in this area, and that reached on amendment No. 17, all of the tion by sex, and that the rights of women was in a small Detroit suburb, Ferndale, action that the Senate has taken up to were involved here. Let us see what Mrs. Mich., the only place outside the South this point with respect to the bill will be GREEN says about that: HEW has ever withheld funds, accord­ nullified, because the conference report As you know, I believe forced busing has ing to the Center for National Policy and all of its amendments are in a state accelerated the deterioration of quality edu­ Review-and if this is just an imple­ of suspended animation, waiting on the cation in many schools. As I said, this is an ment to club Southern school districts Senator from Pennsylvania to withdraw antibusing amendment. The overwhelming into submission, I do not see that that is his amendment so that we can act upon majority of the American people are opposed equal application of the law. the motion of the Senator from Arkan­ to busing because it has not accomplished Mr. Weinberger has had some strange sas, the chairman of the Committee on anything. Now HEW claims to have authority things to say about why segregation to say that we are going to integrate classes Appropriations and the chairman of the on the basis of sex. For heaven's sake, let us continues in areas outside of the South, conference. That is what it will take to have some commonsense in the administra­ whereas it has been wiped out, to all send the bill to the President today. tion of the legislation that we enact. I would intents and purposes, in the South. He I reserve the remainder of my time. hope that we would overwhelmingly support said in the North: The ACTING PRESIDENT pro tem­ the Holt amendment. Federal civil rights enforcers often can pore. Who yields time? achieve better results by convincing local Mr. HUGH SCOTT. Mr. President, Now, Mr. President, let us consider the school boards to design plans with neces­ does the Senator from Massachusetts language that has the distinguished sary public support than be going 1n with a wish time at this point? Senator from Pennsylvania so worked up blunderbus taking away their Federal Mr. BROOKE. No. that he has offered an amendment and is funds- Mr. HUGH SCOTT. Mr. President, insisting .on it, to the detriment of the likelihood of the passage of this bill. This is in the North- I suggest the absence of a quorum, and After making appropriations of more And put them in a frame of mind and ask unanimous consent that the time for atti.tude in which they would make no e1fort the be equally divided. than $4 billion to the schools, this to ·try to comply with the la.w. The ACTING PRESIDENT pro tem­ amendment No. 17 ends with this Ian- pore. Without objection, it is so ordered. guage: This same item that I am reading from The clerk will call the roll. Provided further, That none of the funds here, quoting Mr. Weinberger, comments, contained herein shall be used to carry out according to a government policy re­ The assistant legislative clerk pro­ section 821 of Public Law 93-380 [to compel search organization: ceeded to call the roll. any school system, as a condition for receiv­ Mr. ALLEN. Mr. President, I yield my­ The Office of Civil Rights. Department of ing grants and other benefits from the appro­ HEW, has generally failed to use its powers self 7 minutes. priations above, to classify teachers or stu­ to require desegregation in Northern and The ACTING PRESIDENT pro tem­ dents by race, religion, sex, or national origin, Western school districts. pore. Without objection, the order for or to assign teachers or students to schools, the quorum call will be rescinded, and the classes, or courses for reasons of race, religion, · Why does it say that that is the case? Senator from Alabama is recognized. sex, or national origin]. Why have they not forced desegregation Mr. ALLEN. Mr. President, the Holt All it says, then, is that HEW cannot of schools outside of the South? amendment, which the House of Repre­ say to a school system, "You are eligible This is a direct q~ote from Mr. Wein­ sentatives is insisting on and which was for a grant from the Federal Govern­ berger, according to the In­ agreed to in conference, was recommend­ ment to give quality education to the quirer, I might say to the distinguished ed to the two bodies-the modification of pupils in your school system, but you Senator from Pennsylvania, commenting the Holt amendment, that is-was rec­ are not going to get that grant nnless on or reporting Mr. Weinberger's state­ ommended by the conferees from the you classify teachers or students by race, ment. This is Mr. Weinberger, the head House and the conferees from the Sen­ religion, sex, or national origin." of HEW, speaking: ate, and now the House has taken action Why should they have that authority, I think we have to face the fact that we approving that language, and all that to withhold funds to force local school are dealing with a very fierce public oppo­ remains is for the Senate to concur in systems to make such a classification, sition to desegregation in many Northern the action of the House of Representa­ or-and here is the busing feature-to cities. tives, and that will constitute passage force the local system to assign teachers That is the reason why they do not of the bill. or students to schools, classes, or courses have-- Mr. President, there has been a lot of for reasons of race, religion, sex, or na­ The ACTING PRESIDENT pro tem­ argument here on the Senate floor that tional origin? pore. The Senator's 7 minutes have ex­ what the Holt amendment seeks to do is If students are assigned by race­ pired. not to stop forced mass busing of school­ which HEW seeks to force local systems Mr. ALLEN. I yield myself an addi­ children, that the Holt amendment is not to do-and they assign pupils to schools tional 3 minutes. an antibusing measure. In the debate far from their neighborhoods, how are That is the reason they do not have 39900 CONGRESSIONAL RECORD- SENATE December 14, 1974 any desegregation in areas outside of the lowed in the North-in only one in­ swne, an actual question rather than South. People do not want it. It makes stance, in a small community-so why just a rhetorical question as to why the them mad, and they cannot run the risk have it here as an implement to use in Senator from Alabama would be con­ of making people mad in areas outside the South? cerned. the South. I say again that if we want to pass Well, the Senator from Alabama does Well, here they want a tool apparently this bill, if we want to pass it today, not want to see HEW have this power for use only in the South, because with­ there is a possibility by voting "no" anywhere to club local school districts holding of Federal funds has taken against cloture, to prevent the invoking into submission. So he wants to protect place, as I have stated, according to this of cloture, if the distinguished Senator the entire country, he wants the policy study, on only one occasion in an area from Pennsylvania would then withdraw to be uniform throughout the country. outside of the South. his amendment, we would concur in the It is not only a Southern question, but So, Mr. President, I think the time motion of the Senator from Arkansas a national question, as well. has come to have equal application of

COMPREHENSIVE PLANNI NG ASSISTANCE PROGRAM , NET APPROVALS BY TYPE OF AREA ASSISTED, FISCAL YEAR 1974

Region and State Statewide LA/CDS Non metro Metro Large city Indians Disaster Federal impact Historic pres. Total

Region I: 1 2 3 2 ~~1~:ctic_u_ ::::::::::::::::::::: m:gg~ ~~: ~~~ m: ~~~ ~~: ~~~ ~r: ~~~ ------40:000-:::::::::::::::::::::::::::::::::::::::::: l, m: ~gg Massachusetts ------559, 100 385, 400 70, 000 525, 000 632, 000 ------50, 000 25, 000 2, 246, 500 ~~:d~~~::~~~======l~~: g~~ 2~~: g~~ ------~~~~ ~~~ ------~ ~ ~~~ - ~~ : ~~ ======~~ Vermont_ ___ ------90, 000 ------230, 000 _____ ------m320,: 000 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Tota'------l, 152, 700 883, 600 784, 550 962, 450 978, 900 40, 000 ------50, 000 25, 000 4, 877, ?.O'l ======RegionNew II: Jer sey ______New York ______: __ 423, 500 543, 500 ------38, 000 726, 000 ------30, 000 25, 000 1, 786, 00'1 Puerto Rico ______466, 698 1, 124, 391 130, 419 1, 592, 131 2, 029, 500 35, 000 ------5, 378, 13 I Virgin Islands______622, 708 50, 000 ------115, ODO ------75, 000 ------862, 70'1 190, 000 ------190, OM Tota'------1, 702, 906 1, 717, 891 130, 419 1, 630, 131 2, 870, 500 35, 000 ------105, ODO 25, 000 8, 216, RA .I Region Ill : ======~ DistrictDelaware of_____ Columb______ia ___ ------______222, 925 51, 947 ------_ 59, 128 79, 000 ------413, 000 753, 000 355, DOO ------1, 108, ODO Maryland ______408, 900 387, 950 23, 8()0 518, 400 233, 725 ------1, 572, 775 Pennsylvania ______235, 000 656, 576 113, 424 l , 161, 978 1, 300, 800 ------3, 467, 778 Virginia ______46, 919 60, DOD 253, 981 625, 725 556, 367 ------20, ODO ------l, 567, 992 West Virginia ______545, 400 ------163, 900 70, 700 ------_; _-- 580, 000 TotaL ______. _. ______1, 259, 144 l, 156, 473 396, 205 3, 282, 131 2, 595, 592 ------20, 000 ------8, 709,545 Region IV: Alabama ______------548, 123 244, 322 184, 997 463, 058 134, 195 ------65, 000 ------1, 639, 695 Florida ______-- -__ ------659, 351 402, 796 64, 713 l , 038, 000 657, 000 67, 800 50, 000 ------2, 939, 660 Georgia ___ ------488, 143 520, 335 304, 522 608, 412 252, 500 ------50, ODO ------2, 223, 912 Kentucky ______------300, ODO 323, 000 265, ODO 342, 000 254, 500 ------83, 129 ------1, 567, 629 MississippiNorth Carolina __ _ __------______------_____ 176, 459 277, 553 258, 573 240, 000 19, 500 23, 600 75, 000 ------1, 070, 685 South Carolina ______496, 000 297, 500 541, 500 285, 000 23, 600 ------2, 280, 600 385, 500 ~~2·. ~ii 158, 000 219, 500 150, 500 ------1, 166, 000 Tennessee ______414, ODO 394, 000 209, 000 322, 000 229, 500 ------40, 000 17, 000 ------1, 625, 500 TotaL ______3, 467, 576 3, 051, 506 1, 742, 305 3, 774, 470 1, 982, 695 115, 000 363, 129 17, 000 ------14, 513, 681 Region V: lllinci~ - ______------606, 000 500, 603 199, 326 l, 160, 000 Indiana ___ ------______310, 000 160, 000 150, 000 382, 307 m: ~~~ ::::::::::::::------40;000 -:::::::::::::=------~~~~~~ - ~ : m: ~~ Michigan __ ------____ .; 485, GOO 300, 000 216, 000 881, 770 686, 590 10, 000 ------2, 579, 360 Minnesota ___ _------_____ 230, 000 160, 000 177, 674 372, 000 262. 000 40, 000 ------1, 241, 674 Ohio __ ------l, 000, 405 207, 000 161, 000 1, 389, 200 Wisconsin ______----- __ _ 265, 737 130, 500 140, 453 480, 453 ~~~ ·so;oiiii------~~ ~ ~ -======~ : ~~~ m: ------·~~~~~~~~m: TotaL . ___ ------2, 897, 142 1, 458, 103 1, 044, 453 4, 666, 179 3, 392, 505 110, 000 112, 000 ------25, 000 13, 705, 382 Region VI: Arkansas ______;; 377, 200 236,.000 173, 200 265, 182 1, 177, 582 Louisiana ______------__ ___ 456, 587 303, 700 145, 000 354, 709 ---20:000 -======1, 647, 600 New Mexico ______m:~~ -- -- 977, 800 0 klahoma ______346, 800 183, 500 211, 800 159, 300 318, 900 219, 100 182, 700 216, 400 1~ : 1~ ------52;734-=::::::::::: :::::=::::::::::::=:=::::::::= 1, 177, 934 Texas ___------____ _ 878, 100 692, 200 94, 800 1, 872, 600 l, 305, 300 ------4, 843, 000 Total-. ______------·----- 2, 377, 587 1, 634, 500 807, 500 2, 868, 191 2, 063, 404 72, 734 ------9, 823, 916 December 14, 1974 CONGRESSIONAL RECORD- SENATE 39921

Region and State Statewide LA/CDS Non metro Metro Large city Indians Disaster Federal Impact Historic pres. Total

Region VII: Iowa ••• __------____ • 345, 634 100, 551 162, 256 229, 488 171, 725 ------=------l, 009, 654 242, 500 125, 000 156, 600 130, 750 110, 000 10, 800 ------90, 000 ------865, 550 ~~~::~rC~ ·:::::: =::::::::::::: 374, 442 151, 900 371, 000 762, 152 347, 000 ------=-=-=------2, 006, 494 Nebraska______169, 249 103, 426 94, 191 445, 500 28, 500 20, 000 ------860, 866 Total. •••••••••••• ----. • -• ---• 1, 131, 825 480, 877 783, 947 1, 567, 890 657, 225 30, 800 ------90, 000 ------4, 742, 564 ======Re gion VI 11 : Colorado ______228, 000 285, 000 124, 300 478, 190 353, 680 ______; ______1, 469, 170 Montana. ------338, 475 91 , 875 59, 650 33, 000 33, 000 160, 000 ------716, 000 North Dakota ______74, 850 90, 703 196, 344 4, 000 15, 732 40, 000 ------421 , 629 South Dakota ______126, 923 73, 022 205, 651 50, 000 32, 076 176, 250 ------663, 922 Utah •.• ___ -----•••• ------264, 800 17, 733 35, 467 143, 883 173, 146 ------635, 029 Wyoming ______• ___ _------__ • 52, 011 36, 710 122, 677 ------211, 398 Total..______1, 085, 059 595, 043 744, 089 709, 073 607, 634 376, 250 ------4, 117, 148 Region IX: Arizona ______288, 000 135, 000 45, 000 120, 000 170, 000 195, 000 ------953, 000 5, 005, 000 ~~~~ij~~a----======~~8 : g~ 3~6; ggg ------~~:~ ~~~- ---- ~~ ~~~ ~ ~~~ - 2, 1~~ ; ggg ------~=~~~~~ -======· ======------~= ~ ~~~ - 425, 000 Nevada______105, 000 85, 000 6, 000 72, 000 45, 000 60, 000 ------373, 000 Samoa __ ------. 60, 000 ___ . __ _;..;: ______.. __. ______•. _.. __ . ____ _. _____ • _____ . ------______. -----______• __------_---- - 60, 000 New Mexico. ______• __ _••• __._ •• ------==----.. ------... _. . ____ ... ______.. _.. -- -- ...... 123, 824 _------...... ------___ ------•• ----- 123, 824 TotaL ______1, 693, 000 609, 000 226, 000 2, 305, 000 2, 453, 000 7, 839, 824 ======528, 824 ------25, 000 RegionAlaska X: ______144, 000 55, 250 56, 750 76, 000 ------80, 000 ------_.; 412, 000 Idaho _------______266, 000 26, 000 127, 000 60, 000 26, 000 75, 000 29, 000 ------609, OQll 318, 400 255, 600 130, 000 332, 000 196, 000 40, 000 21, 620 ------1, 293, 620 Wist~~itiin ======280, 514 259, 000 20, 000 ?J6, 000 316, 000 132, 500 66, 000 59, 000 ------1, 409, 014 TotaL . ___ ------__ l, 008, 914 595, 850 333, 750 744, 000 538, 000 327, 500 116, 620 59, 000 ______;::- ____ .; 3, 723, 634 National total. ______17, 775, 853 12, 182, 843 6, 993, 218 22, 509, 515 18, 139, 455 l, 636, 108 591, 749 341, 000 100, 000 80, 269, 741

ADDITIONAL STATEMENTS nobody, especially any governmental unique or unusually severe hardships as a agency, should be permitted to jeopard- result of curtailment and our refusal to make ize maximum production of these es- an extraordinary exception. FEDERAL POWER COMMISSION AC­ TIONS THREATEN 1975 U.S. FOOD sential food commodities this next crop Mr. President, the concern that I and SUPPLY year. others share over the loss of nitrogen fer- The action taken on December 10, tilizer production at this critical time in Mr. TALMADGE. Mr. President, on 1974, by the Federal Power Commission, our Nation's history, has no relationship October 8, 1974, President Ford, in his in refusing to provide emergency sup- whatsoever to "any unique or unusually economic address before the Congress, plies of natural gas to the Cherokee, Ala., severe hardships" that might be created stated the following with respect to the fertilizer plant, has now reduced that for United States Steel as a result of the urgency of maximizing food production particular nitrogen plant's production Commission refusal to provide emergency in the United States in 1975: output to 35 percent of capacity, or by gas relief to its Alabama fertilizer plant. To halt higher food prices we must pro­ 10,000 tons a month. A monthly reduc- I think it very safe to conclude that a duce more food. And I call upon every tion of this amount is equivalent to a complete showdown of this particular farmer to produce the full capacity, and I 17 say to you and to the farmers, they've done loss of almost million bushels of corn plant would have no material effect on a magnificent job In the past .and we should production per month. the financial solvency of United States be eternally grateful. . . . I also assure Farmers throughout both Southeastern steel. That is not the issue here: the issue America's farmers here and now that I will and the Midwestern regions of our Na- rather is the loss of nitrogen fertilizer allocaite all the fuel and ask authority to tion will be adversely affected by this loss supplies-whether supplied by United allocate .all the fertilizer they need to do this in nitrogen fertilizer production. This States steel or anybody else. The avail­ essential job. Cherokee, Ala., plant supplies nitrogen ability of nitrogen fertilizer to American Mr. President, while these statements fertilizer to farmers throughout both re- farm producers next spring is absolutely and commitments were made by no less gions. Unless action is taken promptly to essential if they are to produce the than the President of the United States restore this particular plant to full pro- amounts of corn, wheat, rice and other himself, it is now apparent that fulfill­ duction, thousands of farmers in Georgia, food commodities needed by U.S. con­ ment of those conunitment.s made by Alabama, Iowa, Illinois, and the other sumers and others during 1975-76. the President will not be attained unless States of these regions will be faced with And then in its December 10 order, the prompt legislative action is taken to re­ even lower supplies of nitrogen fertilizer Federal Power Commission had to say verse recent actions taken by the Fed­ next spring than they already have been about the importance of fertilizer prod­ eral Power Commission. told to expect. . ucts relative to other products where On December 10, 1974, the Federal Mr: President, even more disturbing to natural gas is employed in their produc­ Power Commission issued an order de­ me about FPC's recent denial of emer- tion: nying stay of an earlier order it issued gency relief to this Alabama fertilizer · Essentially, North Alabama ·(gas district) denying emergency relief to the Chero­ plant, are policy positions articulated by asks that we single out Ag-Chem (U.S. steel's kee, Ala., plant of United States Steel's the Commission in its November 26 and · Cherokee nitrogen fertilizer plant) for ex­ agri-chemical division for natural gas, December 10 orders regarding this par- traordlnary relief to the detriment of ticular case. TETCO's (Texas Eastern Transmission Com- an essential feedstock in the production . pany) other customers, based on the social of nitrogen fertilizer, which in turn, is !11. its November 26 order, the Com- utility of Ag-Chem's end product rather than absolutely essential to the production of m1ss1on stated: on Ag-Chem's end use of natural gas. If we corn, wheat, rice, and other U.S. farm In support of its petition, North Alabama grant this request, we then create the pos­ commodities. Without nitrogen fertilizer, (gas district) relies on evidence that am- sibly insolvable problem of determining production of corn, wheat, and rice dur­ monia (nitrogen) fertilizer is a socially use- where to equitably draw the line when simi­ ing 1975, will be reduced substantially, ful product and is in short supply. While lar requests are made by other segments of that may well be true, such gen~ral, non- the food industry or the producers of other possibly by as much as 30 percent. And specific evidence ls not a proper basis for socially useful products. given the fact that existing reserve sup­ grant of extraordinary relief to an individual plies of corn and wheat at the end of this petitioner, particularly where the petitioner Mr. President, such a statement by the marketing year are expected to be the has not shown that the curtailed customer Commission not only represents a com­ lowest they have been in over 20 years, (U.S. Steel) has endured or will suffer any plete 180 degree reversal of the policy 39922 CONGRESSIONAL RECORD- SENATE December 14, 1974 pursued by the Commission this last satisfactory resolution of this matter existing residential and small commercial year in granting emergency relief peti­ during this Congress, in my judgment. users. tions filed by fertilizer producers, but Rather, I urge the President, his Fed­ suggests that no preference at all will eral Energy Administration advisers, and WASHINGTON POST CALLS DEFEAT likely now be given to similar petitions the Federal Power Commission to join OF HELMS BILL "DISMAYING" that may be filed by such fertilizer pro­ with me in providing emergency relief to ducers during these remaining 1974-75 those producers of essential products Mr. HELMS. Mr. President, this morn­ winter months. such as fertilizer and farm chemicals ing's Washington Post carries an edi­ If the Commission continues to pursue during the balance of this winter season. torial entitled "A Dismaying Defeat for such a policy, Mr. President, millions of I am convinced that the so-called pri­ North Carolina," about the killing of the Americans and people throughout the ority system articulated by the Federal New -River bill in the House. As many world that depend upon us for their food Power Commission in its order 467 B, is Senators are aware, this bill, which supplies, will learn only too quickly next totally inadequate to insure that next passed the Senate 49 to 19 after a vigor­ year how "socially useful" fertilizer year's food production in the United ous debate, has been pigeonholed products are-but unfortunately too late States will not be jeopardized. The Sen­ through parliamentary maneuvering in to recover the lost food production that ate of the United States, twice this past the House Rules Committee. While I agree fully that this is a dis­ will result from reduced fertilizer sup­ ~' ear, in its passage of Senate Resolutions plies for 1975 crops. 289 and 391 made it abundantly clear, in maying defeat for North Carolina, I Mr. President, should anyone think my judgment, that it considers the pro­ think that a better title would be "A Dis­ that the curtailment of natural gas for duction of fertilizer and farm chemicals maying Defeat for the Country," since United States Steel's Alabama plant is more "socially desirable" than other the real losers will ultimately be all of an exception, I wish to make clear here products manufactured that depend upon our citizens. While the concerns of the today that it is not: natural gas for their production. In Sen­ citizens of North Carolina are perhaps Felmont Oil Corp. operates an am­ ate Resolution 391, which the Senate more immediate and more pressing, the monia-nitrogen-fertilizer plant in adopted on September 9, 1974, the Fed­ country will be losing an irreplaceable Olean, N.Y. This particular plant sup­ eral Power Commission was specifically natural resource, one that has been sub­ plies 61 percent of the nitrogen fertilizer asked to take immediate steps to provide stantially unchanged for literally mil­ material marketed by Agway, the largest the highest possible priority in the allo­ lions of years. farm supply cooperative now serving the cation of natural gas supplies for exist­ I am fully sensitive to the needs for Northeastern States of our Nation. Ag­ ing and expanded pr,oduction of fer­ power development in the United States; way, in turn, supplies over 23 percent of tilizer, farm chemicals, and other agri­ at the same time a project such as this all nitrogen fertilizer purchased by cultural uses of natural gas. has to be balanced against the benefits farmers in these Northeastern States. Now that it is all too apparent that the which will be destroyed and the benefits This particular plant is now operating Federal Power Commission does not in­ which will be gained. In less than 20 under threat of natural gas curtailment tend to carry out the intent and desire years, this project, if built, will be past its by its interstate supplier, Columbia· of the Senate, I have introduced a bill, peak of operating efficiency. The historic Transmission Pipeline Co. S. 4216, which would legislatively man­ rights of private property ownership, Another plant operated by the Farm· date such priorities. Twenty-three other stretching back nearly 300 years, will be er's Chemical Association in Tunis, N.C., Senators have joined with me in co­ abolished. A great natural resource will has been operating under threat of nat­ sponsoring this bill. disappear for future generations. ural gas curtailment since November l, However, due to lateness in this ses­ All that I can say at this point is that 1974. This particular plant supplies over sion of Congress, it now appears that no we tried as hard as we could in the Sen­ 30 percent of all nitrogenous fertilizer action can be completed on this measure ate. I want to pay special tribute to my material for four Southern States, in­ between now and adjournment. There­ distinguished senior colleague from cluding Georgia, and several other fore, I have asked the Senate Commerce North Carolina

HOUSE OF REPRESENTATIVE8-Saturday, Decemb~r 14, 1974 The House was not in session today. Its next meeting will be held on Monday, December 16, 1974, at 12 o'clock noon. CONFERENCE REPORT ON H.R. 5463 That the 'Senate recede from its amend­ "This rule shall not take effect until Au­ ments numbered 2, 15, 16, 17, 18, 19, 20, 30, gust 1, 1975, and shall be superseded by any Mr. HUNGATE (pursuant to an order 31, 33,35, 39,42,44. amendment to the Federal Rules of Criminal of the House on December 13. 1974) sub­ That the House recede from its disagree­ Procedure which is inconsistent with this mitted the following conference report ment to t he amendments of the Senate num­ rule, and which takes effect after the date of and statement on the bill CH.R. 5463) to bered 1, 4, '5, 6, 7, 8, 9, 10, 11, 12, 13, 21, 22, the enactment of the Act establishing these 23, 24, 25, 36, 37, 38, 41, 43, and agree to the Federal Rules of Evidence." establish rules of evidence for certain same. courts and proceedings, having met, after Amendment numbered 3: That the House And the Senate agree to the same. full and free conference. have agreed to recede from its disagreement to the amend­ Amendment numbered 26: That the House recommend and do recommend to their ment of the Senate numbered 3, and agree recede from its disagreement to the amend­ respective Houses as follows: to the same with an amendment as follows: ment of the Senate numbered 26, and agree In ilieu of the matter propooed to be inserted. to the same with an amendment as follows: CONFERENCE REPORT (H. REPT. No. by the Senate amendment, insert the follow­ In. lieu of the matter proposed to be inserted .93-1597) ing: "(5~ Other exceptions." by the Senate amendment insert the follow­ Th e committee of conference on the dis­ And the Senate agree to the same. ing: agreeing votes of the two Houses on the Amendment numbered 14: That the House amendments of the Senate to the bill (H.R. recede from its disagreement to the amend­ (1) was punishable by death or imprisonment 5463) to establish rules of evidence for cer­ ment of the Senate numbered 14, and agree in excess of one year under the law under tain courts and proceedings. having met, to the same wlth an amendment as follows; which he was convicted, and the court aft er full and free conference, have agreed At the end of the matter proposed to be determines that the probative value of ad­ to recommend and do recommend to their inserted. by the Senate amendment insert mitting this evidence outweighs its prejudi­ respective Houses as follows: · the following: clal effect to the defendant, or {2) involved