OF AMERICAUNITED STATES

{/. S. to 01'1'..5.5.·

<iongrcssionalRc(ordd

PROCEEDINGS AND DEBATES OF THE 93 CONGRESS

FIRST SESSION

VOLUME 119-PART 8

MARCH 26, 1973 TO APRIL 2, 1973

(PAGES 9377 TO 10642)

UNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON, 1973

CONGRESSIONAL RECORD-SENATE9634the report, be printed as a part of .thereport on S. 352.

The PRESIDING OFFICER. Withoutobjection, it is so ordered.

By Mr. FULBRIGHT, from the Committeeon Foreign Relations. without amendment:

S. 1235. A blll to amend Public Law 90-553authorizing an additional appropriation foran International Center for ForeIgn Chan­ceries (Rept. No. 93-92).

REPORT ENTITI...ED "REPORT OFACTIVITIES DURING THE 92DCONGRESS"-REPORT OF A COM­MITTEE

(5. REPT. NO. 93-S9)

Mr. MOSS. Mr. President, in accord­ance with the requirement establishedby section 136<b) of the Legislative Re­organization Act of 1946, as amended, Isubmit the attached report on the activi­ties of the Senate Committee on Aero­nautical and Space Sciences during the92d Congress. The report was agreed towithout objection by the Committee.

The PRESIDING OFFICER. The re­port will be received and printed.

REPORT ENTITLED "OPERATIONOF ARTICLE VIT, NATO STATUSOF FORCES TREATY"-REPORTOF A COMMITTEE

(s. REPT. NO. 93-90)

Mr. ERVIN, from the Committee onArmed Services, submitted a report en­titled "Operation of Article VII, NATOStatus of Forces Treaty," which was or­dered to be printed.

REPORT ENTITLED "LEGISLATIVEREVIEW DURING THE 92D CON­GRESS BY THE SENATE COMMIT­TEE ON RULES AND ADMINISTRA­TION"-REPORT OF A COMMITTEE

(s. REPTNO. 93-93)

Mr. CANNON, from the Conunittee onRules and Administration, SUbmitted areport entitled "Legislative Review Dur­ing the 92d'Congress by the Senate Com­mittee on RuIes and Administration,"which was ordered to be printed.

INTRODUCTION OF BILLS ANDJOINT RESOLUTIONS

The following bills and joint resolu­tions were introduced, read the first timeand, by unanimous consent,the secondtime, and referred as indicated:

By Mr.FAN1iIIN (for himself, Mr. HAN­SEN. andMr. DOMINICK):

S. 1370. A blll to amend the Internal Reve­nue Code of 1954 to'facllltate acquisition ofownership of private enterprises by the em­ployees of such enterprises. Referred to theCommittee on Finance.

ByMr. BELLMON: ." .,:. 'S. 1371. A blll to require the Secretary of

AgriCUlture to call a hearing in a milk marketorder area upon petition of producers..Re­ferred to the Committee on AgriCUlture andForestry.

.ay Mr. CHILES: .S. 1372. .i\ b1ll to establish the Spessard

L. Holland National Seashore in the State ofFlorida, and for other purposes. Referred tothe Committee on Interior and Insular Af­fairs.

By r,,1r. INOUYE:. S. 1373. A b1ll for the relief of Mr. Cone­

gundo A. Echlvarre; andS. 1374. A b1ll for the relief of Miss Such

Shih Lo. Referred to the Committee on theJudiciary.

By Mr. HART:S. 1375. A b1ll to provide adequate mental

health care and psychiatric care to all Amer­icans. Referred to the Committee on Laborand Public Welfare.

S. 1376. A b1ll to preserve the Office ofEconomic Opportunity. Referred to the COm­mittee on Labor Rnd Publ1c Welfare.

By Mr. FULBRIGHT (by request) :S. 1377. A blll to amend the law authoriz­

ing the President to extend certain privi­leges to representatives of member states onthe Council of the Organization of AmericanStates. Referred to the COmmittee on For­eign Relations.

By Mr. MOSS (for himself and Mr.HART) :

S. 1378. A blll to en·~ourage earl1er retire­ment by permitting Federal employees topurchase Into the civIl service retirementsystem benefits undupl1cated in any otherretirement system based on employment inFederal programs operated by State andlocal governments under Federal fundingand supervision. Referred to 'the Committeeon Post Office and CivIl Service.

By Mr. BAKER:S. 1379. A bill to authorize further appro­

priations for the Office of EnvironmentalQual1ty, and ~or other purposes. Referred tothe Committee on Publ1c Works.

By Mr. PERCY (for himself and Mr.STEVENSON) :

S. 1380. A bUl to change the name of theIndiana Dunes National Lakeshore to thePaul H. Douglas National Lakeshore. Referredto the Committee on Interior and InsularAffairs.

By Mr. BARTLETT (for himself, Mr.ASOUREZK, Mr. BELLMON, Mr. BENT­SEN, Mr. COOK, Mr. DOLE, Mr. DOMI­NICI, Mr. EAGLETON, Mr. FANNIN, Mr.GURNEY, Mr. HANsEN,Mr. MANSFIELD,Mr. MCCLELLAN, Mr. MCCLURE, Mr.NUNN.Mr. PEARSON, Mr. SPARKMAN,Mr. TALMADGE, and Mr. HOLLINGS) :

S. 1381. A bill to amend certain provisionsof the Land and Water Conservation FundAct of 1965 relating to the collection of feesin connection With the use of Federal areasfor outdoor recreation purposes. Referred tothe Committee on Interior and InsularAffairs.

By Mr. MATHIAS:S. 1382. A b1ll for the relief of Maria He­

lena de Souza;S. 1383. A b1l1 for the rellefofMagdalena

Pisga MUlato. Referred to the Committee onthe Judiciary. .

By Mr. JACKSON (for himself andMr. FANNIN) {by request) :

S. 1384. A b111 to authorize the Secretaryof the Interior to. transfer franchise feesreceived from certain concession operationsat Glen Canyon National Recreation Area,in the States of Arizona and Utah, and forother purposes. Referred to the Committeeon Interior and InsUlar Affairs.

S. 1385. A blll to amend section 2 of theact of June 30. 1954. as amended, prOVidingfor the continuance of civIl government forthe Trust Territory of the Pacific Islands.Referred to the Committee on Interior andInsular Affa.lrs.

S. 1386. A blll to authorize appropriationsfor the saline water program for fiscal year1974, and for other purposes. Referred to.theCommittee on Interior and InsUlar Affairs.

By Mr. TALMADGE:S. 1387. A bl1l to amend section 204 of the

Agricultural Act of 1956. Referred to theCommittee on AgriCUlture and Forestry.

March"l27/1973By Mr. TALt\4AnGE'(ior'hlfuself,'Mr.

EASTLAND,Mr.McGoVERN,'Mr. ALLEN,Mr. HUMPHREY, Mr. HUDDLESTON, Mr.CLARK, Mr. CURTlS, Mr.BELLMON, andMr. DoLE):

S. 1388. A bUl to authorize the Secretaryof AgricUlture to encourage and assist theseveral States in carrying out a program ofanimal health research. Referred to the Com­mittee on Agriculture and Forestry.

By Mr. INOUYE:S. 1389. A bill to amend the Service Con­

tract Act of 1965 to extend its geographicalcoverage to contracts performed on CantonIsland. Referred to the Committee on Laborand Public Welfare.

By Mr. NELSON:S. 1390. A bill to authorize a national pol1cy

and program with respect: towlld predatorymammals; to prohibit the poisoning of ani­mals and birds on the: publ1c lands of theUnited States; and to regula.te the manufac­ture, sale, and possession or' certain chemicaltOXlca,nts, for predator control purposes. Re­ferred to the Committee on Commerce.

S. 1391. A b1ll to amend the Wild andScenic Rivers Act by designating a segmentof the Wisconsin River for potential addi­tion to the national wild and scenic riverssystem. Referred to the Oommitteeon In-terior and InSUlar Affairs. '"

By Mr. MONDALE:' ..'S. 11392. A .bm to establish a celling on

expenditures for the fiscal year 1974 and toproVide .praoodures .•. for "Congressional. ap­proval of action.taken by the President tokeep .expenditures within the .cel11ng. Re­ferred to the. Committee, ()I1GovernmentOperations. ., .. ...•. ' .

S. 1393. A 'biU'for 'the' relief of .GloriaBorja Tan. Referred.:tO .theCommittee onthe JUdiclary~ .. , , .

By Mi•. MONTOYA (for hl.mSelfandMr. DOMENICI):

S. 1394. A b1ll to authorize the acquisitionof lands within the Vermejo Ranch,N. Mex.and Colorado, for addition to the nationalforest sJlltem, and .for.0tAer .purposes. Re­ferred to the COmmittee on Agriculture andForestry.

By Mr. RANDOLPH:.S. 1395. A b1ll to encourage arid support

the dissemination of news, opinion, SCientIfic,cultural, and :educational matter throughthe malls. Referred to the Committee on PostOffice and Civil Service.

By Mr. HELMS:. ... "S .. 1396. A blll for'the' reUef. of Ricardo A.

and Clina Kastner, Referred to the Commit-tee on the Judiciary. ... ' ',' :' .' '.':' '.

By Mr. FULBH,IGHT .(forhimself and;Mr. MCCLELLAri) :.{.. .. .

S. 1397•. A blll autll0rl,zil}g the Secretary ofAgricUlture to carry out a program providingfortheinspection.of ..fish produc~don fishfarms in the United States. lteferred to theCommittee on Commerce... · . '"

ByMr. FULBRI(J1ft (by request):S. 1398. A billto a1.tt)ior~~ the Secretary

of the Treasury to tr~risfer to the (Jovern­mentof . the .Republlc,Of/.;tBe .PhUlppinesfunds for making Pll:Ylll~J1tE;RJ;1.certalllpre~1934. bonds .of thePh111ppin,es, and for otherpurposes. Heferred totBe.,bommittee on For·eignRela,tions. ''',' .~" ,,',

• By Mr. KENNEPY (for himself, Mr.HATlj;AWAY. lInd Mr. MUSKIE) :

.. S. 1399: A blll to .establish the Olson Home,Cushing, .¥aine,. as. a,n;ttlonalhistoric oslte.Referred. to me C9mmitteeonlnterlorandInsular Affairs. '. .. " . '." , •.• ," ... .... ..

· By ;Mr,HRP'13:£{A{for)limself and :Mr.· '., .' h[CCLELLAi-fl,:., . ,.,' .S. 1400. A b1ll to reform:"reVi~e,and codify

thesubstl\ntlve .crlmII1al. law. of the UnitedStates; .to make .' conforming amendments totitle 18. and ()ther titles of theUnlted StatesCode;a;rt!lfpr qtqerpurposes~ Referred tothe colriIpJttee on th~ .:rudlciary.. '.. .'

·S. 1401. A blll to establ1sh rational criteria

CONGRESSIONAL RECORD-' SENATE 9647

versities, for itlV~stigati(>ns into the hls­toQ" of the c;reation'9nh.~(Treat Lakes,and' also r.epresents'arecrea.tional re,.source of ~l1.e higl1est qUa.l1ty. . (.' . •

In 1969; the Interior Qepartment con­Ilidered addin,g tli~lq\Ver Wisconsin Riverto aDro1\dts~p.(isFo~ "the. recreationalvalues' 9.f "the'ypperMlssissippiRiverarea. Althqugh 1~.rwa(not subsequentlyincluded iI1.m,a,t:,i!~ud:y~" tJ,1e I?epartmentdid indicate an .interest in inclUding theWisconsin Rivermthe overall long-rangeplans for resourcerpreservation in theMidwest. ":" '

The addition of the lower WisconsinRiver to the Wlld::Rivets system. wouldbe partlcularlY'appropriate.at this time.The inclusion of' the Namekagon River,and portions of' the Wolf and st. CroixRivers in thE!' system when it was firstestablisIied, ' thee addition of the lowerst. Croix 'under legislation which I spon­sored in '1972; and the development ofthe Apostle· Islands and a number ofother new national parks and lakeShore!;in Wisconsin, Minnesota, and Michigan,all point to the possibility of establish­hig a network! iIi the upper MidwtJst ofcomplementary areas of unsurpassedbeauty and great national significance.

The Wisconsin River remains relative­ly unspoiled by pollution or commercialdevelopment.' Having" had the oppor­tUnity to ~'ride the rapids" of the riverand to see; the breathtaking naturalbeauty o~ this magnlficant waterway, itis easy to understand the importance ofswift action to pI'eservethe natural stateof the Wisconsin River.' ....

'. Mr. President; the Prairie du ChienComer Press'on March· 7, .1973, printeda moVing artiCle on the .lower .WisconsinRiver, entif1ed "Time Machine Backs up300 Years,' Little Change in Wisconsin,"whichvividlf'1llustrates the preservedbeauty of .the' Wisconsin River. I askunaninious ·'<?onsent···· that· this article,along with'a copy of the bill I am intro­ducing; be inclUded in the RECORD at thispoint. .•. ..,(;{ ., .',

Therebeingrno objection, the articleand bill were. ordered to be printed in theRECORD, as'follows:' .TIME 'MACHINE ':BACKS UP 300 YEARS, LITTLE

CHANGE IN WISCONSIN

Reflections' OIl the Wlsccmsln River castback some strange flgUres. Canoeists on thelower river' have often' Imagined they werethe explorers, Marquette and Jolllet, Today,as it was 300 years ago, the lower WisconsinRIver is a quiet dreamy stream.

Changes are notlCl!d by the historians. Thehillsides are clocked with great stands oftimber. There are some bare spots. SpottedanImals graze In the background. Their re­flections on the ripples remind one of thebUffalo herds. Little settlements send up theirsteam and smoke from morning flres.

Instead of tepees there are shingled roofsIn the distance. Man has changed along withNature. Most of the' lower Wisconsin Riverresembles that of old. Great sandbars hinderthe speedy action of the canoes. The good eyeof the lead paddler places the canoe In thedeeper waterll. It will be a struggle againstthe currents to ,undo the grounding of acanoe. .

Paddles dipping in unison drop their jewelsof memory. To the resonant drip there Is thesame gurgllDgsound of the fleeting ripplesskuddlng from· the sides of the canoe. Over­head tl:l.e~il$; th!ti wilderness of the rIver.Birds continue their serenade along with thehumming of the water against the fallen

trees. Leaves and branches form an armadaof encore to the people marking the 300 yearsof time.

. Around the bend Is clv1l1zatlon. ThIs timethe tepees and wooden' pole homes of theIndians take the form of a farm settlementof thIs. new 300 years of progress.

The Wisconsin River has changed each yearfor 300 years. The Islands have reformed. Theriver Is shallower due to the control damsof the power and paper industry along themiddle and upper reaches of the WIsconsIn.The lower rIver from Spring Green to Prairiedu Chien has changed little. on,some o~cac

sions, the highways echo their sounds fromthe hllls-the chugging of farm machinery,the occasIonal tapping of a small IndustryIn the distance.

The shore line has changed In small places.There are sumlI!er cottages and a few year­around homes. This doesn't destroy the nat­ural appearance of tM river. The railroad andhIghway brIdges bring a shocking remInderto the present tobe a refiectlonln lookingback, to disappear from view at the bend.

Marquette and'Jolllet found this a peace­ful . river. Travelers today enjoy the lowerrIver. Residents of the area have claimedthis Is one of the most under-rated areas ofthe midwest. It Is a" near Wild 'river, withall the peaceful calmness for the novIce canoeor rIver. person. This Is a drifting river.

A helping hand of strong current makesthe Wisconsin River a dream of a place. Thesandbars are nice camping areas. You shouldhave some local InformatIon on the safe andbest places to camp. The Wisconsin River Isstronger than any swimmer, so the respectand •.concern of the users of an unexpioredarea Is necessary.for safety.

Early explorers didn't take the changes ofthe modern generations. They respected thebeauty, tranqU1l1ty. majesty and calm of thevarious. waterways" .Thls Is the gateway toexploration of the journey to the Mississippi;a doorway to 300 years of discovery.

S. 1391Be it enacted by the Senate and House

0/ Representatives 0/ the United States 0/America in Congress assembled, That section5(a) of the Wild and Scenic Rivers Act (16U.S.O; 1276 (a» Is amended by adding at theend thereof the following:

"(28) Wisconsin RIver, Wisconsin: Thesegment from PrairIe du Sac to Its confluenceWith the MississIppi RIver at Prairie duChien."

By Mr. MONDALE:S. 1392. A bill to establish a ceiling on

expenditures for the fiscal year 1974and to provide procedures for congres­sional approval of action taken by thePresident to keep' expenditures withinthe ce1l1ng. Referred to the Committeeon Government Operations.

AMENDMENT NO. 59

(Ordered to be printed and to lie onthe table.)

Mr.. MONDALE. Mr. President, todayI am pleased' to introduce the BudgetControl Act of 1973.

The last several months have seen anunprecedented effort by the Executivebranch to assume vlrtuallycomplete con­trol of domestic priorities without eitherthe advice or consent of the Congress.Just for example. in recent weeks thePresident has:

Impounded half of the authorizationfor water pollution control passed lastfall over his veto;

Frozen Federal housing programs;Decreed an end to the public service

jobs program;Without warning, cut off access to the

farm' emergency disaster loan program,enacted at Presidential request lastAugust; . ..... .

Ordered the end of 56 regionalmedi'7cal programs' and a phase-out of Fed"­eral support of over 500 communitymental health centers; ,,'

Ended most efforts to help farm cOm-muniti~s; ... '

Announced plans to sharPlyred~bedaycare and other social service' programsdesigned to help families off the welfarerolls, and to help the elderly avoid insti-tutionalization. :i ,

This is only the beginning of a long list.Top Presidential advisors have sworn todisregard congressional actions opposingprogram termination. And the climate ofcooperation, respect and compromise be­tween the Executive branch and C()n~

gress-so essential to the operation of ourconstitutional system-threatens to dis­solve' into bitter infighting from en'"trenched and inflexible positions.

This must not be allowed to go further.The legislation which I am introducing

today is designed to guarantee the finan­cial responsibility of the Federal Govern­ment, to restore the Congress to itsproper role in public decisionmaking, andto reestablish the conditions for a fulland equal dialog between Congress andthe executive branch regarding the fu­ture of American domestic policy.

First, the bill is designed to establish acongressional ceiling on Federal expend­itures of $268 billion in the nex1;....-1974-­fiscal year. This flgure would be auto­matically adjusted upward to reflect anyincrease in Federal revenues through taxreform or economic growth beyond pres­ent expectations. If in the course of thecongressional appropriations process theceiling is exceeded, all funds availablefor expenditure in controllable areaS ofFederal spending would be reduced ona pro rata basis.

Second, the bill would end the practicethe so-called "impoundment" of congres­sionally appropriated funds which hasbeen put to such extraordinary use--orrather abuse-by the present administra­tion. I propose to accomplish thisthrough the procedure suggested by thevery distingUished and able Senator fromNorth Carolina (Mr. ERVIN).

A BUDGET CEILING

Title I of the bill which I am intro­ducing today would establish a celling of$268 billion on all Federal expendituresduring the next fiscal year.

This expenditure level reflects a con­sensus among economists; in fact, it is$700 million below the level proposed bythe President himself. In the opinion ofmost experts, it will limit inflationarypressure without jeopardizing our con­tinuing economic recovery.

To the extent that Congress exceedsthis ceiling, all fundS available for ex­penditure would be reduced prorata--sothat priorities. established through thelegislative process would be preserved.The following fixed obligations of theU.S. Government would be exemptedfrom reduction: interest, veterans' bene­fits and services, payments from socialinsurance trust funds, public assistancemaintenance grants, .medicaid' socialservice grants under title IV of the Social

9648 CONGRESSIONAL RECORD-. SENATE March' 27, 1973Security Act, food stamps. military re­tirement pay, and judicial salaries.

The mechanical function of computingpro rata reductions would be performedby the Office of Management and Budget,and submitted to Congress by the Presi­dent for approval under expedited pro­cedures.

The $268 billion ceiling would be auto­matically adjusted upward to refiect in­creased revenues through tax reform oreconomic growth.

AN END TO IMPOUNDMENT

With the establishment of a firm ceil­ing on expenditures. there is no excuse atall for continuing the practice of im­poundment, which threatens to tip a bal­ance of power between Congress and theExecutive which has lasted nearly 200years. Therefore. title II of the legislationI propose adopts the approach developedby the distinguished Senator from NorthCarolina (Mr. ERVIN) . No impoundmentwould be permitted without the approvalof Congress. And again. expedited pro­cedures for prompt consideration of im­poundment requests would be provided.

Under this approach, the Presidentwould be required to report all impound­ments to the Congress, which would con­sider them under expedited procedureswhich would prohibit delay. If not ap­proved by the Congress within 60 days.any authority to impound would expire.

Proposals have been advanced in boththe House and the Senate under whichPreSidential impoundments would standunder disapproval by the Congress with.,.in a given period. But with the manyopportunities open to an organized con_gressional minority to delay and obstruct.this approach is not workable.

If there is to be effective congression­al participation. the burden of justifyingimpoundment must lie with the Execu­tive,as the Senator from North Carolina(Mr. ERVIN) has proposed.

I recognize that there is waste, thereare ineffective programs which may needcutting-and there are.· circumstanceswhere all funds provided· by Congresscannot. wisely. be spent. And so this billpermits the President to withholdfunds-subject to congressional approv­al. We in Congress must· assert and ac­cept our responsibility. We must havedialog between Congress and the Execu­tive in the arena of reform, not single­handed demolition by . the executivebranch. . .,".' - .... -,-.

THE NEED FOR IMMEDIATE ACTION

My bill does not attempt to r!'!SolYe allof the complex and difficuItquestions in­volved in establishing an ongoing Gon­gressional . budgetary process. Thosequestions are well presente<iin there­cent interim report of the. Joint StUdyCommittee on .. Budgetary. Control. andmus.tbe resolved after further study .bythe· committee. and f1,111 debate. by .theCongress. This process .wjJJtaketime,and almost certainlywllll:lEl GompletedtoQlate ,to take effect this.year.. '

Instead. the bill which I.am.proPosingtodaY)1l de$igned to establish immediateconlJTessional control of Federal spend­inlr and priorities for the next.fiscal year.begtiming July 1 of. this year-while theCongress, considers the organizational

questions involved in a more permanentapproach'.

And we must take immediate actionbefore the Congress becomes an orna­mental advisory board to the Office ofManagement and Budget.

NEED FOR AN EXPENDITURE CEILING

Everyone agrees that a ceiling on ex­penditures is badly needed. The Amer­ican people cannot afford to pay for con­tinued deficits on the record level of re­cent years.

During the first 4 years of the Nixonadministration, the total deficit has ex­ceeded $80 billion-more than all thedeficits of Presidents Eisenhower, Ken­nedy. and Johnson put together. Whilethese deficits may have been useful dur­ing our recovery from the recession of1969, to continue them would contributeto another round of unchecked inflation.

In recent months the need to bringspending under control has become evenmore urgent. We are now experiencingthe worst infiation in 22 years. puttingan intolerable burden on our citizens andthreatening the stability of the dollarabroad.

Much of this is, due to delayed adop­tion and premature abandonment ofwage and price controls and other eco­nomic mistakes. but some of it is due tothe spiraling deficits of recent years.

By acting now to impose a firm ceilingon spending, we can assure Americancitizens that inflation will not be fueledby more deficit spending. and we canassure our friends abroad that we aredoing our part to maintain the stabilityof the dollar.

We can demonstrate clearly that Con­gress is prepared.t()a«t in a fiscally re­sponsible manner. '".

But let us set the record straight. Overthe past 5 years. the. Congress has cutPresidential requests for appropriationsby approximately $30 billion. We have in­creased other forrosof Federal spendingfor example, through increased social se­curity benefits~by ofily a little more.And a major share of these increaseshas come in social security and medicareprograms which are fully funded throughthe payroll tax,. and which therefore donot themselves;,callSe deficit spending.Charges that the Congresshas spent vastsums over the objections ofthe adminis­tration are simply not true.

The Congress' has. liot outspent theexecutive branch. And the. Con~ess ison record as favoring a spending ceiling.

Last October, both.the Ho~eandSen­ate overwhelmingly agreed to the. $250billion ceiling on expe~ditur!'!S proposedby the President forthecurrent--1973-fiscal year. ",,'

But when the executive branch refusedto tell US wherethecuti; would bemade,the Senate lnsisteci:thll.t cuts be madeacross the board,',so :a.s to retain thepriorities previously established by theCongress. And we acted last fall underthe leadership of the former senior Sen­ator from Idaho (Mr. JORDAN) a widelyrespected member of the President's 'ownparty. and certaifily an'economic dm­servative. Unforturiateiy, the Presidentrefused to acceptth~se limits on im-

poundment, ~.d. thexneasure .died, inconference.with the House. ,

While the Cohgtesshas not outspentthe administration, and while the Con­gress has agreed with the administrationon the need for-a spending ceiling, theCongress, on a bipartisan basis, has oftendisagreed with the .adIIlinistration onhow funds should be spent. And this isthe real root of the present dispute be­tween Congress and the Executive.

IMPOUNDMENT

When the President disagreeS with theCongress, the Constitution gives him theright to veto legislation-and the veto inturn may be overriden by a two-thirdsmajority of both the House and Senate.But in recent months, the President hasaimply refused, to spend-or "im­pounded"-funds in those areas where hedisagrees with congressional judgments.

There is no way to override an im­poundment.While this may· appear tosome in the executive branch to be amore efficient way to manage govern­ment, it also carries us too far down theroad to one-man rule. And once we startdown that road,we may find it hard toturn 1Jack.

Mr. President, figures on current im­poundment released by the administra­tion last month reveal a truly funda­mental and alarming shift in the rela­tionship between the, Congress and theexecutivebranchJn determining our na~tional priorities." , "•. According totp.ea,dniinistration. only3.5. percent ofl\va,ilable Jundsare pres­ently impounde'd. But I have . just dis­covered that ~nJl.nliiysisbY,the Congres­sional ResearWi ,Service;reveals that, anincredible ,2~ '> percent,of.'qontroUablefunds ,made,avaJJ.Rble by tb,e G()ngreaa fornondefense purposes In the. current yearhave beenimpouncled.·\~ndthisfiguredoes not includ~.Qth€!r actions \Vhich. ac-­cording to.the Office of MaIiagexnent andBudget. do not.fitthe technical definitionof "impoundment·:.,......!Ilcluding. the ad­ministration's refusal to allocate $6 bil­lion of the $q .blllionenacted by theCongress last fall over the 'president·sveto for water pollution ~ontroL ....•.

In the words of a Congressionat'Re-search Service analyst: '

Whatever the merits ot the technical argu­ment, It certalnlys~~gests•• that the totalamount at reserves-tram whatever sources-are at a record levll,l. '

A CHALLENGE .TO THE ADMINISTltATION

The issue .. betWeerithe.G()rigi:ess ..,andthe President is not ih,e.amoUnt of Fed­eral spending', or the.amOurit of the Fed­eral deficiLOnthose qUestions, I believewe agree. Theissue;ls the uncheckedpower Clalmedby,the. administration todestroy somepr9~f~il}sentirelY. whilespending fUllb9rce.:fpr.pthers, with .noregard forthEfie~fiirementsof law.

Under .our'Co9StitutiOn, the Presidenthas the. right---.eventhe "obligation-tosend the Congress his l"ecommendatlonson whatsh6tildbe done iIltMNa:tion'sinterest And after'the'Congresshasacted, hehas theauthority;to .aGcept orto rejectwhat.we have. done:' But .no­where does the. Constitution give thePresident the tight·to\ substitute hisjudgment for that of the Congress. He

CONGRESSIONAL RECORD-._ SENATE 9649ClUlSUggesv-:-he'oan lobby__hecan trytopersuade-Lhe call <!omany things, buthe cannot. actin'otlptead: .•...• •. ;Yet;thatis'·llreciseIY what thisPresi­dent is tryfig to i:lo-:.-what in fact he isdoing. From every indication, he is at­temllting on his own--without the con­sent '(lflthe. Congress-to relleal thesliaredrbip~rtisan'cOllunit1l1ent to socialand economic' justice which this Nationhas consci0u.sly, and at times painfully,developed over th(l past 40 years.

The question is :WUl the Congress dowhat is necessary to make its own judg­ment felt in this great decision? WUl weact affirmativelY to reassert our consti­tutional .authority.. in the .... budgetaryprocess?WiIl we be able to come togetherin common cause to preserve the balancebetween the _executive. and legislativebranches of- '. Government which hasserved us so well-for nearly 200 years?

Or will we, instead; continue to grad­ually bu~ knowingly relinquish our con­stitutional authority to.the White House?

It saddens me to -know' that largenumbers .. of: Americans-perhaps even amajoritY-:are convinced wewUl do thelatter. They are convinced that the Con­'gressis overmatched in this struggle-­they are convinced thatour resources­staff, access to information, command ofmedia, and all the rest-cannot competeon an equal footing with those of .theExecutive. But, most of all, they are con­vinced that we cannot agree among our­selves on -a plan of action to correct thepresent institutional imbalance.

It is, with this latter point most firmlyin mind, Mr. President, that I have de­signed my bUl. It is intended to be abill that virtually every Member of theCongress can support if he or she wantsto effectively restore congressional au­thority to its proper lliace in our dec!­sionm.aking process. It is for this reasonthat the bill is based on two fundamentalprinciples:

That the Federal Government mustlive within its financial means;

That within those means, the Con­gress itself shall determine how our re­sources shall be sllent.

These llrinciples have nothing to dowith party-I" am preparing a cellingeven below the President's own. Theyhave nothing to do with ideology-liber­als and conservatives alike have adheredto them both since the Nation's begin­ning. They have ortly to do with bUdget­ary resllonsibility and constitutional gov­ernment-concerns that are shared byall Americans.

Mr. President, I wo1ild hope, that mycolleagues who subscribe to these princi­ples will join me in this effort. I wo1ildhope as well that the President of theUrtited States will lend us his support.He has spoken forcef1illy and often onbehalf of both budgetary responsibilityand constitutional' government. If he issincere in his SUPllort of these principles,then this bill is one that he can readilyendorse. If he does not support theseprinciples, then we--and the Nation­should know that.

But I amhopefuI that the Presidentwill' s¥pportth1$' .effort, ~cause I amconvinced that ortly by working togeth­er-within our constitutional frame­work-can we achieve our common goals.

I am convinced that ortly through com­promise between the Congress and' thePresident will our Government work asit was intended to work-in the interestsofall its citizens. That is why I am pro­posing that the Congress accept a budgetceiling even lower than the President hasproposed: if adopted, it is absolute proofthat the Congress is prepared to livewithin sound financiallim.itations.

I for one am more than willing to livewithin the ceiling proposed in this bill.I will work as best I can in the Con~

gress for, additional revenues throughclosing the special interest loopholeswhich riddle our tax laws. It will work tocut waste in the Pentagon and in socialprograms as well. And I will work to in­vest the savings in meeting our urgentdomestic needs-for a cleaner environ­ment, decent health care, better educa­tion, and urban and rural development.

If the Congress, agrees to live withinthe President's budget ceiling, then thequestion becomes, will the President inturn agree that the Congress shares re­sponsibility for determirting how the Na­tion's resources are to be spent in meet­ing its needs?

It is that question, Mr. President, towhich we are most earnestly awaitingthe President's answer.

Mr. President, I am also submitting anamendment, intended to be proposed byme, to the bill (S. 929) to amend thePar Value Modification Act.

I ask unimim.ous consent that the billI have introduced (S. 1392), and theamendment which I have submitted (No.59) be printed in the RECORD.

There being no objection, the blll andamendment were ordered to be printedin the RECORD, as follows:

S. 1392Be it enacted by the Senate and House

0/ Representatives 0/ the United States 0/America in Congress assembled, That thisAct may be cited as the "BUdget Control Actof 1973".

SEC. 2. The following provisions of thisAct may be cited as the "Expenditure Con­trol Act of 1973".

TITLE I-CEILING ON FISCAL YEAR1974 EXPENDITURES

PART A-ESTABLISHMENT OF A CEILINGSEC. 101. (a) Except as prOVided in sub­

section (b), expenditures and net lendingduring the fiscal year ending June 30, 1974,under the BUdget of the United States Gov­ernment shall not exceed $268,000,000,000.

(b) If the estimates of revenues which wUlbe received in the Treasury during the fiscalyear ending June 30, 1974, as made from timeto time, exceed $255,300.000,000, the limita­tion specified in subsection (a) shall beIncreased by an amount equal to such ex­cess.

SEC. 102. (a) NotWithstanding the provi­sions of any other law, the President shall,in accordance with this section, propose res­ervations from expenditure and net lending,from appropriations or other obligational

. authority otherwise made avallable, of suchamounts as may be necessary to keep expend-itures and net lending during the fiscalyear ending June 3D, 1974, within the limita­tion specified in section 101.

(b) In carrying out the provisions of sub­section (a), the President shall proposereservations of amounts proportionately fromappropriations or other obligational author­ity avallable for all programs and actiVitiesof the Government (other than .expendlturesfor interest, veterans' benefits and services,

payments from social insurance trust funds,pUblic assistance maintenance grants, Medi­caid, social service grants under title IV ofthe Social Security Act. food stamps, mUitaryretirement pay, and jUdicial saiaries).

(c) The President shall propose reserva­tions of expenditures under this sectlon byone or more special messages to the Congress.Each special message shall be transmitted tothe House of Representatives and the Senateon the same day, and shall be delivered tothe Clerk of the House of Representatives ifthe House is not in session, and to the Sec. ­retary of the Senate If the Senate is not insession. Each such message shall be printedas a document of each House.

(d) Any proposed reservation of expendl.tures shall become effective on the date onWhich II concurrent resolution approvingsuch reservation is agreed to by the Senateand the House of Representatives pursuantto title U of this Act.

SEC. 103. In the administration of any pro~

gram as to whlch-(1) the amount of expenditures is lim­

ited pursuant to this Act, and(2) theaUocatlon, grant, apportionment,

or other distribution of funds among recipi­ents Is required to be determined by appli­cation of a formula involVing the amountappropriated or otherwise made avallable fordistribution,the amount available for expenditure (afterthe application of this Act) shall be sub­stituted for the amount appropriated orotherwise made avaIlable in the applicationof the formula.PART B-CONGRESSIONAL CONSIDERATION Oil'

PROPOSED RESERVATIONS OF EXPENDITURESSEC. 111. The following sections of this

title are enacted by the Congress-(1) as an exercise of the rulemakingpower

of the Senate and the House Of Represent­atives, respectively, and as such they shallbe considered as part of the rules of eachHouse, respectively, but applicable only Withrespect to the procedure to be followed insuch House In the case of resolutions (as de­fined In section 202); and SUch rules shallsupersede other rules only to the extent thatthey are inconsistent thereWith; and

(2) with full recognition of the constitu­tional right of either House to change suchrules (so far as relating to the procedure insuch House) at any time, In the same man­ner, and to the same extent as in the case ofany other rule of such House.

SEC. 112. As used in this title, the term"resolution" means Only a concurrent reso­lution of the two Houses of Congress. thematter after the resolving clause of whichis as follows (the blank spaces being ap­propriately filled): "That the Congress ap­proves the reservations of expenditures setforth In the special message of the Presi­dent to the Congress dated --- -, 19­(House Document ---, Senate Document--)."

SEC. 113. A resolution With respect to a spe­cial message shall be referred to a commit­tee (and aU resolutions with respect to thesame message shall be referred to the samecommittee) by the President of the Senateor the Speaker of the HoUJ!e of Representa­tives, as the case may be.

SEC. 114. (a) If the committee to whichhas been referred a resolution With respectto a special message has not reported it be­fore the expiration of ten calendar days afterits introduction (or, in the case of a reso­lution receIved from the other House, tencalendar days after Its receIpt). it shall then(but not before) be In order to move eitherto discharge the Committee from furtherconsideration ot such reSOlution, or to dis­charge the committee from further consid­eration of any other resolution with respectto such message which has been referred tothe committee.

(b) Such motion may be made only by aperson favoring the resolution, shall behighly prlvUeged (except that it may not be

"9650 CONGRESSIONAL RECORD-'SENATEmade after the committee has reported aresolution with respect to the same specialmessage), and debate thereon shall be limitedto not to exceed one hour, to be equallydivided between those favoring and thoseopposing the resolution. No amendment tosuch motion shall be in6rder, and It shallnot be In order to move to reconsider thevote by which such motion is agreed to ordisagreed to..

(c) It the motion to discharge is agreed toor disagreed to, such motion may not be re­newed, nor may another motion to dischargethe committee be made ",ith respect to anyother resolution with respect to the samespecial message.

SEC. 115. (a) When the commIttee has re­ported, or has been discharged from furtherconsideration of, a resolution with respectto a special message, It shall at any timethereafter be in order (even though a previ­ous motion to the same effect has been dis­agreed to) to move to proceed to the con­sideration of such resolution. Such motionshall be highly privileged and shall not bedebatable. No amendment to such motionshall be in order and It shall not be in orderto move to reconsider the vote by which suchmotion Is agreed to or disagreed to.

. (b) Debate on the resolution shall belimited to not to exceed ten hours, whichshall be equally divided between those favor­Ing and those opposing the resolution. 'A mo­tion further to limit debate shall not be de­batable. No amendment to, or motion to re­commit, the resolution shall be In order, andIt shall not be In order to move to reconsiderthe vote by which the resolution Is agreed toor disagreed to.

SEC. U6. (a) All motions to postpone, madewIth respect to the discharge from commit­tee, or the consideration of, a resolution withrespect to a special message, and all motionsto proceed to the consideration of other busi­ness, shall be decided without debate.

(b) All appeals from the decisions of theChair relating to the application of the rulesof .the Senate or the House of Representa­tives, as,. the case maybe, to the procedurerlliatingto a resolution with respect to aspecial message Shall be decided withoutdebate.(SEC. 117. If, prior to the passage by oneHouse of a resolution of that House withrespect to a special message, such House re­ceIves from the other House a resolution Withrespect to the same message, then~

(1) If no resolution of the first House withrespect to such message has been referred tocommittee, no other resolution with respectto the same message may be reported or (de­spite the provisions of section 204(a» bemade the subject of a motion to discharge.

(2) If a resolution of the first House withrespect to such message has been referredto committe~

(A) the procedure With respect to that orother resolutions of such House with respectto such message Which have been referred tocommittee Shall be the same as If no resolu­tion from the other House with respect tosuch message had been received; but

(B) ,on any vote on final passage of a reso­lution of the first House with respect to suchmessage the resolution from the other Housewith respect to such message shall be auto­matlcally'substltuted for the resolution ofthe first House.TITLE U-'-REQUIREMENT OF CONGRES-SIONALAPPROVAL OF IMPOUNDMENTS'~Ec:;W~.(a)EXcept'as~rovldedIn sub­

li~ctlon:i'.(g), whenever the President Im­pouna.s any funds appropriated or otherwise~bllgate!l for ll. specific purpose or project, orll.pprQyes, Jhe Impounding of such .. funds byany officer or~llmployee of the United states,he shall, Within ten days thereafter, transmitto the Senate and the House of Representa­t1vesa' special message speclfylng-

(1) the amount of the funds impounded;(2) the date;on which the fundS were

ordered to be impounded;(3) the date the funds were impouJ1ded;(4) any account, department, or establish­

ment of the Government to which such im­pounded funds would have been availablefor obligation except for such Impoundment;

(5) the period of time during which thefunds are to be impounded;

(6) the reasons for the Impoundment;(7) to the maximum extent practicable,

the estimated fiscal,economic, and budgetaryeffect of the Impoundment.

(b) Each special message submitted pur­suant to subsection (a) shall be transmittedto the House of Representatives and theSenate on the same day, and shall be deliv­ered to the Clerk of the H9use of Repre­sentatives If the House Is not In session, andto the Secretary of the Senate If the SenateIs not In session. Each such message shall beprinted as a document for each House.

(c) A copy of each special message sub­mitted pursuant to subsection (a) shall betransmitted to the Comptroller General ofthe United states on the. same day as it Istransmitted to the Senate and the House ofRepresentatives.

(d) If any information contained in aspecial message submitted pursuant to sub­section (a) Is SUbsequently revised, the Pres­Ident shall transmit promptly to the Con­gress and the Comptroller General a sup­plementary message stating and explainingeach such revision.

(e) Any special or supplementary messagetransmitted pursuant to this section shall beprinted in the first Issue of the Federal Reg­Ister published after that special or supple­mental message Is so transmitted.

(f) The President shall pUblish in theFederal Register each month a'llst of fundsimpounded as of the .first calendar day ofthat month. Each list shall be published nolater than the tenth calendar day of themonth and lihall contain the Informationrequired to be submitted by special messagepursuant to SUbsection (a).

(g) The provisions of this title shall notapply to any reservation of expenditureswhich the President proposes to the Congresspursuant to the provisions of section 102 ofthis Act.

SEC. 202. The President shall cease the im­pounding of funds set forth in each specialmessage within sixty calendar days of con­tinuous session after the message Is receivedby the Congress unless the specific Impound­ment shall have .been ratified by the Con­gress by passage of a resolution In accord­ance with the procedure set out in section304 of this title.

SEC. 203. For purposes of this title, the im­pounding of funds includes-

(1) Withholding or delaying. the expendi­ture or obligation of funds (whether by es­tablishing reserves or otherwise) appropriatedor otherwise obligated for projects or activi­ties, and the termination of authorized proj­ects or ,activities for. which appropriationshave been made, and . .-

(2) any type of executive action which ef­fectively preclUdes the obligation or expendi~ture of the appropriated funds.

SEC. 204. The follOWing subsections of thissection are enacted by the Congress:

Ca) (1) As an exercise of the rulemak:lngpower of the J;lenate and the House of Rep­resentatives, respectively, and as such theyshall be deemed a part of the rules of eachRouse, respectlyely, but applicable only withrespect to the procedure to be followed inthat House In the case of resolutions de­scribed by this secticin;and they shall super­sede other rules only to 'the extent thatthey are' Inconsistent therewith; and

(2) With full recognition of the constitu­tional right of either House to change therules (so far as relating to the procedure

of that HoU8e) at lmy,ttme,~the~e:IilaIl.~ner, alld 1;Q the IilRIile extent as. in the caseof any other rlile otthat'¥o\l.se...••.. ;,'..;

(b) (1) For purposes ,qf ,thlssec.rtlon, theterm "resolution'.', means ·only. a concuri~ntresolution of the senate'()r'House o(Repre­sentatlves, as the case may be, whIch Is in­troduced and acted upon 'by . both Housesbefore the end of the first period :of sixtycalendar days of .continuous session pf theCongress after the date pnwhich. the PresI­dent's message Is received by. that HouEe.

(2) The matter after the resolving clauseof each resolution shall . read as follows:"That the Senate (House of Representatives)approves the Impounding Of funds as setforth in the llpeclal message of the Presidentdated ,Senate (House) DocumentNo.--.-". .

(3) For purposes Of this subSection, thecontinuity of a session Is broken only by anadjournment of the Congress sine die, andthe days on which either House Is not insession because of an adjournment of morethan three days to a day certain shall beexcluded in the computat~onof the stxty-d(l.yperiod.. , .. '... ... ,,".. '

(c) (1) A resolution'lntroduced with re­spect to a special ,me.ssage 'shall not be re­ferred to a committee and shall be privi­ledged business for immediate consideration.It shall at any time be in order (even thougha previous motion to. the, same effect· hasbeen disagreed to) to move to ,proceed to'the consideration of the. resolution. Suchmotion shall be highl¥.privilegedand notdebatable.. An amendment to the. motionshall not be in order, ,and it 'shall not .be Inorder to ' move ,to reconsIder the vote bywhich the motion Is agreed to or'· disagreedto. .,

(2) If the motlonto proceed to the con­sideration of a resolution is agreed tO,debateon the resolution shall be limited 1;0 tenhours, which shall be . divided equally be­tween those favoring and those opposing theresolution. An amendment to the resolutionshall not be in order. It shall not be in orderto move to reconsider the vote by Which theresolution Is ,agreed to or disagreed to, andIt shall not. be in order to move to considerany otlier .resolution intrPctuced with respectto the same speclai Iilessage.y •.••.. , ".. '•.,.

(3) Motions to postpone~ made with re­spect to the consideration of a.17esolution.and motions' to' proceed to theconsld,eratlonof other business, shall be decided 'withoutdebate.

(4) Appeals from the dec!,sions of the Chairrelating to the application. of .. the rUles ofthe Senate or the House QfRepresentatlves,as the case may be, to the procedUre relatingto a resolution shall be' decIded withoutdebate.

AMENDMJ;:NT No. 59At the end of the bill .In.sert th~followlng:SJ;:c. 2. The following provisions of this Act

may be cIted as thaI'Expenditure -ControlAct of 1973". W' ,~,".," le.Y'

TITLE I-<JEILING ON FISCAL<YEAR1974EXPENDITURES •. : ,."

.PART, A-ESTABLISHMENT: Oi\'jLCE:ll,INGSEC; iOL;(a) Except'ati:pl'clyldeCillnsub­

section (b)" 'expenditures (ilnd'netJendlngd urlngthe 'tlscal rear ,en4tng,Iune3Q,,1974,under.the Budgeto! t;heVnlted. statel> Gov­ernment .Sha,ll;nqt 'exc;:ee4:;~~~M90,9qo,o.oO.

(b) If the .el>t1IIlll.tes .,of.rey~nue\l::WhlcJiwill be received JI\.tlie'ri-eastirY,il\trixl~thefiscal year endlng'j'uile·iS'O;'" i974;,a;g 'madefrom time .totitile::,hxceed;$255.800;OOO.000,the Jlniltatlon speCified fin Jsubsection (a)shall •PeJncreased .. l>Y.ll,n amOl,lnt 'equal tosuch excess.. '. . , f;'d, .. .,·...•.. ' .....

SEC. 102.. (a)Notwlths1;~9ing.theprp'vi­slons of any o~her Ja~;t;~*J'fe\lldent5hll.ll,in. accordance ~!tll., tll~;~eC~iob.;:)lroposereservations from expenditure"and net lend-

, " _ ... ', "" _',.. ,', , .' • • ;;' .~. ", ••. _' c. ,

Ma'rch27, 1973 CONGRESSIONAL RECORD - SENATE 9651lng, from approprIations or other obligationalatlthority otherwise made, available, of stichamounts as may ,bEL necessary to ,keep ex-'pendltures and net lending during the fiscal'year ending June 30,,1974, within the limi­tation specified in section 101.

(b) In carrying out the provisions of sub­section (!\o), ~pe Pte~ident" shall propose res­ervations of amounts proportionately fromappropriations or ()ther obligational authorityavailable for all, programs and activities ofthe Government (other than expendituresfor Interest, veterans' benefits and services,payment" from social insurance trust funds,public assistance maintenance grants, medic­aid, social service grants under title IV ofthe Social Security Act, •food stamps" mili­tary retirement IJay, and jUdicial salaries).

(c) The President shall propose reserva­tions of. eXpenditures under this section byone or more special messages to, the Congress.Each special message shall be transmitted tothe House of Representatievs and the Sen­ate on the same day, and shall be deliveredto the Clerk of the House of Representativesif the House, Is not in session, and" to, theSecretary of the Senate if the Senate is notin session. Each such message shall ,beprinted as a document of each House.

(d) Any proposed reservation of expendi­tures shall become effective on the, date onwhich a concurrent resolution approvingsuch reservation Is agreed to, by the Senateand the House of Representatives pursuantto title II of this Act.

SEC. 103. In the administration of anyprogram as to which__ '

(1) the amount of expenditures is limitedpursuant to this Act, and

(2) the allocation, grant, apportionment,or other distribution of funds among re­cipients Is reqUired to be determined by ap­plication of a formula involving the amountappropriated or otherwise, made availablefor distribution,the amount available for expenditure (afterthl" auplicatlon of this, Act) shall be substi­tuted' for the amount appropriated or other­wise made avaUable in the application ofthe formula.PART B-CONGRESSIONAL CONSIDERATION OF

PROPOSED RESERVATIONS OF EXPENDITURESSEC. 111. The following sections of this

title are enacted by the Congress-(1) as an exercise of the rulemaklng power

of the Senate and the House of Representa­tives, respectively. and as such they shallbe considered as part of the. rules of eachHouse. respectively, but applicable only withrespect to the procedure to be followed Insuch House in the case of resolutions (asdefined In section 202); and such ruleS shallsupersede other rules only to the extent thatthey are inconsistent therewith; and

(2) with full recognition of the constitu­tional right of either House to change suchrules (so far as relating to the procedure Insuch House) at any time, in the same man~

ner, and to the same extent as in the case ofany other rule of such House.

SEC. 112. As used in this title, the term"resolution" means only a concuITent resolu­tion of the two Houses of Congress, the mat­ter after the resolving clause of which is asfollows (the blank spaces being appropri­ately filled): "That the Congress approvesthe reservations of expenditures set forth Inthe s1Jeclal message of the President to theCongress dated -, 19- (HouseDocument --, Senate Document--)."

SEC. 113. A resolution with respect to aspecial message shall be referred to a com­mittee '(and all resolutions. with respect tothe same message shall be referred to thesame committee) by the President of theSenate or the Speaker of the House of Rep­resentatlveS,taB the case may be.

SEC. 114. (a) If the committee to Which hasbeen referred a resolution with respect to aspecial message has not reported it beforethe expiration of ten calendar days after its·

introduction (or, in the case of a resolutionreceived from the other House, ten calendardays after Its receipt) ,It shall then (but notbefqre) be In order to move either to dis­charge .. the committee from further con4

slderatlon of such resolution, or to dischargethe committee from further consideration ofany' other resolution with respect to suchmessage which has been referred to thecommittee.

.' (b) Such motion may be made only byaperson favoririg the resolutIon, shall be highlyprivileged (except that it may not be madeafter the committee has reported a resolutionwithrl"spect to the same specIal message).and debate thereon shall be limit.ed to not toexceed one hour, to be' equally divided be 4

tween those favoring and those opposing theresolution. No amendment to such motionshall beln order, and it shall not be In orderto move to reconsider the vote by which suchmotion Is agreed to or disagreed to.

. (c) If the motion to discharge is agreedto or disagree-d to, such motion may not berenewed, nor may another motion to dis­charge the committee be made with respectto any other resolution with respect to thesame special message.

SEC. 115. (a) When the committee has re­ported, or has been discharged from furtherconsideration of, a resolution with respect toa special message, it shall at any time there­after be in order (even though a previousmotion to the same effect has been disagreedto) to move to proceed to the considerationof such resolution. Such motion shall behighly privileged and shall not be debatable.No amendment. to such motion shall be inorder and it shall not be In order to moveto reconsider the vote by which such motionis agreed to or disagreed to.

(b) Debate on the resolution shall be lim­ited to not to exceed ten hours, which shallbe equally divided between those favoringand those opposing the resolution. A motionfurther to limit debate shall not be debatable.No amendment to, or motion to recommit,the resolution shall be in order, and it shallnot be in order to move to reconsider the voteby which the resolution is agreed to or dis­agreed to.

SEC. 116. (a) All motions to postpone, madeWith respect to the discl).arge from commit­tee, or the consideration of, a resolutionwith respect to a special message, and allmotions to proceed to the consideration ofother business, shall be decided withoutdebate.

(b) All appeals from the decisions of theChair relating to the application of the rulesof the Senate or the House of Representa­tives, as the case may be, to the procedurerelating to a resolution With respect to aspecial message shall be decided withoutdebate.

SEC. 117. If, prior to the passage by oneHouse of a resolution of that House withrespect to a special message, such Housereceives from other House a resolution Withrespect to the same message, then-

(1) If no resolution of the first HouseWith respect to such message has been re­ferred to committee, no other resolution withrespect to the same message may be reportedor (despite the provisions of section 204 (a) )be made the SUbject of a motion to discharge.

(2) If a resolution of the first House Withrespect to such message has been referredto committee-

(A) the procedure' With respect to that orother resolutions of such House with respectto such message which have been referred tocommittee shall be the same as if no reso­lution from the other House with respect tosuch message had been received; but

(B) on any vote on final passage of a reso­lution of the first House With respect to suchmessage the resolution from the other Housewith respect to such message shall be auto­matically SUbstituted for the resolution ofthe first House.

TITLE II-REQUIREMENT OF CONGRES­SIONAL APPROVAL OF IMPOUNDMENTS

SEC. 201. (a) Except as provided in sub­section' (g), whenever the President 1m­pOlmds any funds appropriated or otherwiseobligated for a specific purpose or project.or approves the impounding Of such fundsby any officer or employee of the. UnitedStates,. he shall, within ten days thereafter,transmit· to the senate and the House ofRepresentatives a special message specify­ing-" (1) the amount of the funds Impounded;

(2) the date on Which the funds were or­dered to be impounded;

(3) the dat.e the funds were impounded;'(4) any account, department, or establish­

ment of the Government to which such im­pounded funds would have been availablefor Obligation except for such impoundment;

(5) the period of time during which thefunds are to be impoundedf

(6) the reasons for the impoundment;(7) to the maximum extent practicable,

the estimated fiscal, economic, and budget­ary effect of the impoundment.

(b) Each special message submitted pur­suant to subsection (a) shall be transmittedto the House of Representatives and the Sen­a.te on the same day, and shall be deliveredto the Clerk of the House of Representativesif the House Is not In session, and to theSecretary of the Senate if the Senate is notin session. Each such message shall beprinted as a document for each House.

(c) A copy of each special message sub·mitted pursuant to subSection (a) shall betransmitted to the Comptroller General ofthe United States' on the same day as it istransmitted to the Senate and the' Houseof nepresentatlves.

(d) If any information contained in a spe­cial message submitted pursuant to subsec­tion (a) Is SUbsequently revised, the Presi­dent shall transmit promptly to the Congressand the Comptroller General a supplemen­tary message stating and explaining eachsuch revision.

(e) Any special or supplementary messagetransmitted pursuant to this section shall beprinted in the first Issue of the Federal Reg­ister pUblished after that special or supple­mental message Is so transmitted.

(f) The President shall publish in the Fed­eral Register each month a list of funds Im­pounded as of the first calendar day of thatmonth. Each list shall be published no laterthan the tenth calendar day of the monthand shall contain the Information requiredto be SUbmitted by special message pursuantto SUbsection (a).

(g) The provisions of this title shall notapply to any reservation of expenditureswhich the President proposes to the Congresspursuant to the provisions of section 102 ofthis Act.

SEC. 202. The President shall cease the Im­pounding of funds set forth in each specialmessage within sixty calendar days of con­tinuous session after the message Is re­ceived by the Congress unless the specific Im­poundment shall have been ratified by theCongress by passage of a resolution in ac­cordance with the procedure set out In sec­tion 304 of this title.

SEC. 203. For purposes of this title, the im­pounding of funds includes-

(1) withholding or delaying the expendI­ture or obligation of funds (whether by es­tablishing reserves or otheIWise) aupropri­ated or otherwise obligated for projects oractivities, and the termination of authorizedprojects or activities for which appropria­tions have been msde, and

(2) any type of executive action whicheffectively precludes the obligation or ex­penditure of the appropriated funds.

SEC. 204. The following subsections of thissection are enacted by the congress:

(a) (1) As an exercise of the rulemaklngpower of the Senate and the House of Rep-

9652 CONGRESSIONAL RECORD- SENATE Match 27, 1978

resentatlves,respectlveIy, alldas sUch.thej'shall be deemed a part of the rules of eachHouse, respectively, but appllcable only withrespect to the procedure to be followed inthat House in the case of resolutIons de­scribed by thIs sectIon; and they shall super­sede other rules only to the extent that theyare inconsIstent therewith; and

(2) WIth full recognitIon of the CODli.tItu­tional rIght Of either House to change ,therules (so far as relatIng to the procedure ofthat House) at any time, in the same man­ner, and to trie same extent as in the case ofany other rule of that House.

(b) (1) For purposes of thIs section, theterm "resolutIon" means only a concurrentresolution of the Senate or House of Repre­sentatives, as the case may be, whIch Is Intro­duced and acted upon by both Houses beforethe end of the first perIod of sIxty calendardays of continuous sessIon of the Congressafter the date on whIch the PresIdent'smessage Is receIved by that House. '

(2) The matter after the resolvIng clauseof each resolution shall read as follows:"That the Senate (House of Representatives)approves the ImpoundIng of funds as setforth in the specIal message of the PresIdentdated ---, Senate (House) DocumentNo. "

(3) Fo; purposes of thIs subsection, thecontinuity of a sessIon Is broken only by anadjournment of the Congress sine dIe, andthe days on whIch either House Is not InsessIon because of an adjournment of morethan three days to a day certain shall beexcluded In the computatIon of the sIxty-dayperIod.

(c) (1) A resolutIon Introduced with re­spect to a specIal message shall not bereferred to a committee and shall be prIvI­leged .buslness for ImmedIate consIderatIon.It shall at any time be In order (eventhough a prevIous motion to the same effecthas been disagreed to) to move. to proceedto the consIderatIon of the resolutIon. SuchmotIon shall be highly prlvlleged and notdeba.table. An amendment to the motionshall not be in order, and It shall not be Inorder to move to reconsider the vote by whIchthe motion Is agreed to or dIsagreed to.

(2) If the motIon to proceed to the con­sIderatIon of a resolutIon Is agreed to, debateon the resolution shall be l1mIted to tenhours, whIch shall be dIvIded equally be­tween those favoring and those opposIng theresolution. An amendment to the resolutIonshall not be in order. It shall not be In orderto move to reconsIder the vote by ,whIch theresolution Is agreed to or dIsagreed to, andIt shall not be In order to move to considerany other resolution Introduced wIth respectto the same specIal message.

(3) Motions to postpone, made with respectto the consIderation of a resolution, andmotions to proceed to the consIderation ofother business, shall be decIded wIthoutdebate.

(4) Appeals from the decisions of theChaIr relating to the appl1cation of the rulesof the Senate or the House of Representa­tives, as the case may be, to the procedurerelating to a resolution shall be decIded wIth·out debate.

By Mr. MONTOYA (for himselfand Mr. DOMENICr) :

S. 1394. A b1ll to authorize the aqqui­sition of lands within the VermeioRanch, New Mexico and Colorado, foraddition to the national forest system,and for other purposes. Referred to theCommittee on AgriCUlture and Forestry.

Mr. MONTOYA. Mr. President, on be­half of 'myself and my colleague fromNew Mexico (Mr. DOMENrcr), I ampleased to introduce a bill authorizingthe acquisition of land within the Ver­mejo Ranch in New Mexico and Colo-

rado for addition to the national forestsystem.

This bill was introduced inthe92dCongress as S. 2699. The bill passed theSenate last year on June 15, and wasfavorably reported by the House Agricul­ture Committee on October 3. Timeran out on the bill before the Housecould act on it, however, and it died withthe adjournment of the 92d Congress.

Mr. President, time is now running outon the period when we may acquire thisunique and beautiful land. The VermejoRanch is part of an estate which israpidly being liquidated. If the Congressdoes not act quickly to acquire the landfor the public, the opportunity may belost forever. In the place .of what couldhave been a majestic park of mountainsand high country open to all, we mayend up seeing this area ravaged by sub­dividers and open only to the owners ofvacation homes.

Although both the Senate and theHouse committees last year reported thebill favorably, lam sorry to report thatthe Department of AgricUlture objectedto the passage of the bill. Their objec­tions were based on two grounds.

First, the USDA argued that the siteof the Vermejo Ranch is too far removedfrom major population centers to be ac­cessible to large numbers of people. Theanswer to this argument is simply thatthe site is well within driving distance ofAlbuquerque, Denver, Pueblo, and Colo­rado Springs-all major population cen­ters in the West.

Second, the Department argued thatthere is no money available with whichto acquire the property. Granted; Mr.President, it Is difficult to acquire thisland with land and water conservationfund moneys when the administrationcuts the land and water conservationfund appropriation request from the au­thorized level of $300 million annuallyto a mere $50 mUlion for fiscal year 1974.But I think that the Department shouldcome up with better arguments than toplead financial helplessness in the face ofan unpleasant situation of its owncreation.

Moreover, even if the project cannotI:.e funded immediately, passage of thisbill would enhance our ab1l1ty to fendoff commercial interests now seeking tobuy the land, while giving us, time towork with private conservation organi­zations and foundations to secure fundswhich could hold the land until theUnited States could purchase it. Repre;';sentatives of. the Sierra' Club have. re­cently been iIi my office, and they adviseme that they are already in contact withthe Ford Foundation and other organi­zations in fLn effort to preserve theVermejo.

At this point, Mr. President, I a.skunanimous consent to inclUde in the REC­ORD certairiportions of last year's ~i­culture Committee report on S. 2699,

There being no objection, the portionsof the report were ordered to be printedin the RECORD, as follows:

VERMEJO RANCH ACQUISITION

The CommIttee on Agriculture and For­estry, to Which was referred thebUl (S. 2699)to authorIze the acqUisItIon of lands Withinthe Vermejo Rancn, New Mexico and Colo-'rado, for addition to the national forest sys-

tem, and for other purposes, -having ,con­sldered the Ba:me, reports favorably .thereonwith an amendment and 'recommends thatthe bUl as amended do pass.

.... : ..' ,..SHORT EXPLANATION

S. 2699 would authorize the Secretary ofAgrIculture to acquIre such lands, waters,and interests as he deems desirable for na­tIonal forest purposes ,within the pr9PosedVermeJo Ranch purchase area as shown on amap on file in the Omce of the ChIef of theForest Service. AcqUisItions would beccme apart of the Carson National Forest. MoneysapproprIated from the land and water con­servation fund would be avallable for suchacquisitions; and such acquisItions wouldnot be counted for the purpose of the pro­visIon of section 6(a) (1) of the Land andWater Conservation Fund Act of 1965, whIchprovIdes that not more than 15 percent ofthe acreage added to the national forest sys­tem pursuant to that sectIon shall be west ofthe loOth merIdIan.

NEED FOR THE LEGISLATION

Unless the Federal Government acts nowto purchase this 480,OOO-acre tract of landwhIch adjoIns the Carson NatIonal Forest theopportunIty may be forever lost.

Evidence presented during the course ofthe hearings on thIs measure, taken from anarticle whIch appeared in the December 25NatIonal Observer, indIcated that:

"There Is much concern from all InterestedpartIes that a consortIum might buy theranch and immedIately start on a helter­skelter land-resort development that wouldneatly subdIvIde the ranch Into a thousandparcels.

"Reportedly, there are two consortiurr.sclose to making the buy. "I'm not at libertyto discuss who offers .what or whether theyeven made an offer," SImon says. But when­ever there is so much money and land hang­Ing fire, secrets are hard to keep. It Is knownthe JapaneseMItsublshi Corp. Is interested,alid that another group of prIvate IndIvIdualsbId the $26,500,000 If the$I,OOO,OOO-plusworth of cattle were thrown in.

"Now a consortIum headed by CharHeCrowder of Albuquerque Is supposedly closeto a bId..Crowder, a respected land dealer,has a group of movIe stars, land developers,and financIers ready to go, accordIng to thecurrent story. "CharHe's sort of a mysteriouscharacter," says the Forest Service's Ted Ko­skella. "You never know .what he's up tountll he comes In wIth, In our case, a landeXChange all neatly tied together. He haspulled off more than hll; share of deals. • • ...and ,' ...

"The first man to meet our terms w111 bUythe ranch," says RIchard U. Simon, the FortWorth lawyer handling the sale, "We've toldthe Forest .Service and members of Congressall along that we w1ll not walt to see If theyfinally decide to bUy It. Right now we havehalt-a-dozen prIvate groups serIously nego-tiating for Its. purchase. • .... .' . ',_

Senator Clinton P. Anderson in hIs testi­mony described the land and theopportl!nltyIn thIs way:

"TheVermejo Ranch Is the heart of theold ,Maxwell Land Grant origInally grantedby the Governor .of Mexico on January 11,1841, andfinally.confirmed by the UnItedStates Supreme ,Court in 1887. The grantorIginally contaIned approxImately 1,714,765acres. During the next 50 years after the con­firmatIon of the grant,there were numeroussl!bdivisions of the grant. These tracts passedfrom one owner to another until 1945 whenMr. W. J. Gourley, a promInent busInessmanfrom Ft. Worth, Te:xas, began acquiring prop­erty in the area. Between 1945 and 1948,Mr. Gourley purchased seve.ral tracts and con­sol1dated them into what. is n~ known asthe W-S or Vermejo Ranch.

"ThIs trace of land adjoIns the Carson Na­tional Forest and could be easlly managed bythe Forest ServIce • • • Kaiser Steel Com-