May 9, 1974
Page 14114
Mr. TOWER. Mr. President, I ask for the yeas and nays on my amendment.
The yeas and nays were ordered.
Mr. MUSKIE. Mr. President, I had announced earlier that I was going to offer an amendment to the Tower amendment. Is my amendment in order at this time?
The PRESIDING OFFICER. It is.
Mr. MUSKIE. I came to the floor this afternoon fully prepared to have the Senate act finally on the decision which it first took last week, after seven rollcall votes, to incorporate the Muskie amendment for the so-called monitoring agency in the pending bill.
The Senator from Texas earlier this afternoon offered his amendment as a disguised substitute for a motion to strike the Muskie amendment. The rules do not permit him to offer a motion to strike. He offered an amendment which, in my judgment, was without substance, a disguised amendment, designed to strike the Muskie amendment from the bill.
I moved to table that amendment, since it is a diversionary, dilatory tactic, to draw the Senate's attention away from the main issue which was raised by the Muskie amendment. I lost that motion to table for whatever reasons may be evident later. But I think now, to present the issue in clear-cut form, I shall offer my amendment as a substitute for the Tower amendment, without affecting the Proxmire amendment, which I oppose, but which the Senate has approved, and also without affecting the Hathaway amendment, which the Senate has just adopted.
I do so in order that we may come as close as possible to being back in the position we were in a week ago, so that the Senate may, in a clear-cut way, by yeas and nays, vote up or down on the proposal to create an economic monitoring agency.
The amendment I submit is identical with the one the Senate approved last week, after seven rollcall votes. There is no direct way to strike it from the bill. It was nailed down by a motion to reconsider and a motion to table. The vote was taken, and it was final. But the Tower amendment is nothing more or less than an attempt to do indirectly what the Senator from Texas could not do directly – reverse that decision.
I ask the Senate to do all over again what it did last week; that is, to approve my amendment to incorporate the monitoring agency among the tools of the Government to deal with the problems of fighting inflation.
Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. The amendment will be stated.
The legislative clerk proceeded to read the amendment.
Mr. MUSKIE. Mr. President, I ask unanimous consent that the further reading of the amendment be dispensed with, and that the amendment be printed in the RECORD.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
Strike out title II and insert in lieu thereof the following:
TITLE II – COST OF LIVING ACT OF 1974
SEC. 201. This title may be cited as the "Cost of Living Act of 1974".
FINDINGS AND PURPOSES
SEC. 202. It is hereby determined that inflation poses a danger to the economic wellbeing of the Nation, and that in order to constrain domestic inflation, the Federal Government should have a continuing concern with the rate of inflation, supply, industrial capacity, and means of increasing productivity. To contribute to the moderation of inflation, it is the purpose of this title to authorize the President to monitor public and private economic activity, and stabilize prices, rents, wages, salaries, dividends, and interest while providing for the orderly termination of economic stabilization controls and enforcement of decontrol commitments.
PRESIDENTIAL MONITORING AUTHORITY
SEC. 203. To carry out the purposes of this title, the President shall –
(1) review the programs and activities of Federal departments and agencies and the private sector which may have adverse effects on supply and cause increases in prices and make recommendations for changes in such programs and activities to increase supply and restrain prices;
(2) review industrial capacity, demand, and supply in various sectors of the economy, working with the industrial groups concerned, and appropriate governmental agencies to encourage price restraint;
(3) improve wage and price data bases for the various sectors of the economy to improve collective bargaining and encourage price restraint;
(4) conduct public hearings when appropriate to provide for public scrutiny of inflationary problems in various sectors of the economy;
(5) focus attention on the need to increase productivity in both the public and private sectors of the economy;
(6) monitor the economy as a whole, including such matters as wages, costs, productivity, prices, sales, profits, imports, and exports; and
(7) conduct a continuing review of the effect of economic concentration and anticompetitive practices on price and wage inflation and recommend legislation and other appropriate action to reduce the impact of such concentration or practices on inflation.
ENFORCEMENT F DECONTROL COMMITMENTS
SEC. 204. Notwithstanding the expiration of the Economic Stabilization Act of 1970, as amended,
(1) any commitment made or given as a condition of, in connection with, in exchange for, or in the course of decontrol or the grant of other relief from or under such Act, prior to May 1, 1974, shall continue in full force and effect; and
(2) the authority and provisions of sections 203 (relating to Presidential control authority), 208 (relating to sanctions), 209 (relating to injunctions and other relief), and 211 (relating to judicial review) of that Act (as in effect on April 30, 1974) may be invoked against, and shall apply to, any person who violates any commitment made or given as a condition of, in connection with, in exchange for, or in the course of decontrol or the grant of other relief to such persons from or under such Act, prior to May 1, 1974.
ACQUISITION, CONFIDENTIALITY, AND DISCLOSURE OF INFORMATION
SEC. 206. (a) For purposes of carrying out this title, the President may by regulation, order, or otherwise obtain such information from, require such reports and the keeping of such records by, make such inspections of the books, records and other writings, premises, or property of, and take the sworn testimony of, and administer oaths and affirmations to, any person as may be necessary or appropriate. The authority to obtain information under this subsection or section 208 of this title does not extend to copies of disclosures to departments or agencies of the United States excepted from disclosure under subsection (b) of this section.
(b) For purposes of carrying out this title, the President may request from any department or agency of the United States, and that department or agency shall provide him, economic information except:
(1) information, the disclosure of which to another Federal agency is expressly prohibited by law, or
(2) trade secrets, commercial, financial, or demographic information which is privileged or confidential and obtained by an agency from a person for statistical or law enforcement purposes, the disclosure of which to another Federal agency would frustrate development of accurate statistics or proper law enforcement.
(c) For purposes of carrying out this title, the President may request economic information from State and local governments, including agencies and instrumentalities thereof.
DELEGATION
SEC. 207. The President may delegate the performance of any function under this title to such officers, departments, and agencies of the United States as he deems appropriate.
SUBPOENA POWER
SEC. 208. The head of an agency exercising authority under this title, or his duly authorized agent, shall have authority, for any purpose related to this title, to sign and issue subpoenas for the attendance and testimony of witnesses and the production of relevant books, papers, and other documents, and to administer oaths. Witnesses summoned under the provisions of this section shall be paid the same fees and mileage as are paid to witnesses in the courts of the United States. In case of refusal to obey a subpoena served upon any person under the provisions of this section, the head of the agency authorizing the subpoena, or his delegate, may request the Attorney General to seek the aid of the United States district court for any district in which such person is found to compel that person, after notice, to appear and give testimony, or to appear and produce documents before the agency.
PERSONNEL
SEC. 209 (a) Any agency or officer of the Government carrying out functions under this title is authorized to employ such personnel as the President deems necessary to carry out the purposes of this title.
(b) The President may appoint five officers to be responsible for carrying out functions of this title, one of whom shall be appointed by and with the advice and consent of the Senate and who shall be compensated at the rate prescribed for level II of the Executive Schedule (5 U.S.C. 5313) one of whom shall be compensated at the rate prescribed for level III of the Executive Schedule (5 U.S.C. 5314) and three of whom shall be compensated at the rate prescribed for level V of the Executive Schedule (5 U.S.C. 5316). Appropriate titles and the order of succession among such officers may be designated by the President.
(c) Any member of a board, commission, or similar entity established by the President pursuant to authority conferred by this title who serves on less than a full-time basis shall receive compensation from the date of his appointment at the rate equal to the per diem equivalent of the rate prescribed for level IV of the Executive Schedule (5 U.S.C. 5315) when actually engaged in the performance of his duties as such member.
(d) (1) In addition to the number of positions which may be placed in GS-16, GS-17, and GS-18, under section 5108 of title 5, United States Code, not to exceed twenty positions may be placed in GS-16, GS-17, and GS-18, to carry out the functions under this title.
(2) The authority under this subsection shall be subject to the procedures prescribed under section 5108 of title 5, United States Code, and shall continue only for the duration of the exercise of functions under this title.
(e) The President may require the detail of employees from any executive agency to carry out the purpose of this title.
(f) The President is authorized to appoint, without regard to the civil service laws, such advisory committees as he deems appropriate for the purpose of consultation with and advice to the President in the performance of his functions under this title. Members of advisory committees, other than those regularly employed by the Federal Government, while attending meetings of such committees or while otherwise serving at the request of the President may be paid compensation at rates not exceeding those authorized for individuals under section 5332 of title 5, United States Code, and, while so serving away from their homes or regular places of business, may be allowed travel expenses, including per diem as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. Committees established under this title which are composed of members representative of labor and management or labor, management, and the general public to provide advice on methods of improving labor-management relations or the collective-bargaining process or assuring wage and salary settlements consistent with gains in productivity and the goals of stabilizing the economy and facilitating development of the Nation's energy reserves are exempt from the provisions of section 10 of the Federal Advisory Committee Act.
(g) (1) Under such regulations as the President may prescribe, officers and employees of the Government who are appointed, without a break of service of one or more workdays, to any position for carrying out functions under this title are entitled, upon separation from such position, to reemployment in the position occupied at the time of appointment or in a position of comparable grade and salary.
(2) An officer or employee who, at the time of his appointment under paragraph (1) of this subsection, is covered by section 8336(c) of title 5, United States Code, shall continue to be covered thereunder while carrying out functions under this title.
EXPERTS AND CONSULTANTS
SEC. 210. Experts and consultants may be employed, as authorized by section 3109 of title 5, United States Code, for the performance of functions under this title, and individuals so employed may be compensated at rates not to exceed the per diem equivalent of the rate for grade 18 of the General Schedule established by section 5332 of title 5, United States Code. Such contracts may be renewed from time to time without limitation. Service of an individual as an expert or consultant under this section shall not be considered as employment or the holding of an office or position bringing such individual within the provisions of section 3323(a) of title 5, United States Code, section 872 of the Foreign Service Act of 1946, or any other law limiting the reemployment of retired officers or employees.
REPORTS
Sec. 211. (a) In transmitting the Economic Report required under section 3(a) of the Employment Act of 1946 (15 U.S.C. 1022), the President shall include a section describing the actions taken under this title during the preceding year and giving his assessment of the progress attained in achieving the purposes of this title. The President shall also transmit quarterly reports to the Congress not later than thirty days after the close of each calendar quarter describing the actions taken during this title during the preceding quarter and giving his assessment of the programs attained in achieving the purpose of this title.
(b) In carrying out his authority under this title, the President shall study and evaluate the relationship between excess profits, the stabilization of the economy, and the creation of new jobs. The results of such study shall be incorporated in the reports referred to in subsection (a) of this section.
(c) The President shall review and appraise the programs and activities of the departments and agencies of the United States in light of the policies set forth in section 202 of this title for the purpose of determining the extent to which those programs and activities contribute to the achievement of those policies and shall report his conclusions to the Congress in the reports required by subsection (a) of this section.
FUNDING
Sec. 212. (a) There are authorized to be appropriated to the President to remain available until expended, such sums as may be necessary to carry out the provisions of this title.
(b) The President may accept and use in furtherance of the purposes of this title money, funds, property, and services of any kind made available for such purposes by gift, devise, bequest, grant, or otherwise.
EXPIRATION
SEC. 213. The authority under this title expires at midnight, April 30, 1975, but such expiration shall not affect any action or pending proceeding, civil or criminal, not finally determined on such date, nor any action or proceeding based upon any act committed prior to May 1, 1975.
ADMINISTRATIVE PROCEDURE, SANCTIONS, AND JUDICIAL RELIEF AND REVIEW
SEC. 214. Sections 208 (relating to sanctions), 209 (relating to injunctions and other relief), 210 (relating to suits for damages and other relief), and 211 (relating to judicial review) of the Economic Stabilization Act of 1970 as in effect on April 30, 1974, shall apply to actions taken under this title.
EFFECT ON PETROLEUM ALLOCATION ACT OF 1973
SEC. 215. For purposes of administering and enforcing the Emergency Petroleum Allocation Act of 1973, nothing in this title alters the Economic Stabilization Act of 1970 as incorporated by reference in the Emergency Petroleum Allocation Act.
ADMINISTRATIVE PROCEDURE
SEC. 216. "(a) The functions exercised under this title are excluded from the operation of subchapter 11 of chapter 5, and chapter 7 of title 5, United States Code, except as to the requirements of sections 552, 555 (c) and (e), and 702 of such title, and except as to the requirements of section 553 of such title as modified by subsection (c) of this section.
"(b) Any agency authorized by the President to issue rules, regulations, or orders under this shall, in regulations prescribed by it, establish procedures which are available to any person for the purpose of seeking an interpretation, modification, or rescission of, or seeking an exception or exemption from, such rules, regulations, and orders. Such regulations shall include provision for a statement of exhaustion of administrative remedies which must be issued within sixty days of a request thereof unless a grant or denial is made. f such person is aggrieved by the denial of a request for such action under the preceding sentence, he may request a review of such denial by the agency. The agency shall, in regulations prescribed by it, establish appropriate procedures, including hearings where deemed advisable, for considering such requests for action under this section, except that such agency shall issue no order which has the effect of reducing wages, or salaries in effect, or proposed to be in effect, in an appropriate employee unit unless such order is made on the record after opportunity for a hearing. Not less than thirty days after issuance of such an order a statement of explanation shall be directed to the affected parties and made available to the public. Such statement shall include a full explanation of the reasons why the existing wage or salary, or proposed wage or salary adjustment, does not meet the requirements of, or the standards established by, the regulations prescribed by the agency.
"(c) All rules, regulations, or orders promulgated pursuant to this title shall be subject to the provisions of section 553 of title 5, United States Code, except that all rules, regulations, or orders promulgated must provide for the following:
"(1) Notice and opportunity to comment which shall be achieved by publication of all proposed general rules, regulations, or orders issued pursuant to this title In the Federal Register. In each case, a minimum of ten days following such publication shall be provided for opportunity to comment, except that the requirements of this paragraph as to time of notice and opportunity for comment may be waived where strict compliance is found to cause serious harm or injury to the public interest due to rapid inflation or shortages of vital commodities.
"(2) Any agency authorized by the President or by this title to issue rules, regulations, or orders under this title shall hold a public hearings on those rules, regulations, or orders which are likely to have a substantial impact upon the Nation's economy or large numbers of individuals or businesses or when such hearings serve to inform the public or aid in obtaining information on actions taken or proposed to be taken. To the maximum extent practicable, such hearing shall be held prior to the implementation of such rule, regulation, or order, but in all cases, such public hearings shall be held no later than 45 days after the issuance of any such rule, regulation, or order, which would have a substantial effect upon the Nation's economy or on large numbers of individuals or businesses.
"(d) In addition to the requirements of Section 552 of title 5, United States Code, any agency authorized by the President or by this title to issue rules, regulations, or orders shall publish in the Federal Register all internal rules and guidelines which may form the basis, in whole or in part, for any rule, regulation, or order. Such agency shall also support any grant or denial of a request for exception or exemption from rules, regulations, or others provided for in subsection (b) above with a written opinion setting forth its findings of fact and a specific statement explaining the rationale for such grant or denial. Such opinions shall be published with such modifications as are necessary to insure confidentiality of information protected under section 55(b) of title 5, United States Code.
"(e) All rules, regulations, or orders issued pursuant to this title shall include the following:
"(1) Findings of fact and a specific statement explaining the rationale for each provision contained in such rules, regulations, or orders; and
"(2) Administrative definitions of the terms used in this title when pertinent to the rule, regulation, or order.".
EFFECTIVE DATE
SEC. 217. This title takes effect May 1, 1974.
SEVERABILITY
Sec. 218. If any provision of this title or the application of such provision to any person or circumstances is held invalid, the remainder of this title, and the application of
such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
Mr. MUSKIE. Mr. President, I ask for the yeas and nays.
Mr. BROCK. Mr. President, a parliamentary inquiry.
The PRESIDING OFFICER. The Senator will state it.
Mr. BROCK. Is the amendment in order?
The PRESIDING OFFICER. The amendment is in order.
Mr. BROCK. Is it identical to that which has already been offered before this body ?
Mr. MUSKIE. The amendment is not identical. There is a distinction between this amendment and my original amendment, because it in effect incorporates the Proxmire and Hathaway amendments.
Mr. BROCK. Mr. President, may we have a response to my inquiry?
The PRESIDING OFFICER. The Chair would inquire of the Senator from Maine whether the amendment is identical to the amendment in the bill.
Mr. MUSKIE. Mr. President, I just said that the amendment is not identical because it in effect incorporates, in addition to what was in the bill last week, the Proxmire amendment and the Hathaway amendment.
The PRESIDING OFFICER. The Chair understood that, but he wanted to have the Senator state it for the record.
Mr. BROCK. Mr. President, is the amendment in order?
The PRESIDING OFFICER. It is not identical; therefore, it is in order.
Mr. JAVITS. Are my amendments in order? Does the Senator's statement incorporate my amendment?
Mr. MUSKIE. Mr. President, is it in order for me to incorporate that amendment at this point?
The PRESIDING OFFICER. It will require unanimous consent.
Mr. MUSKIE. Mr. President, I ask unanimous consent that it be incorporated.
Mr. TOWER. I object.
The PRESIDING OFFICER. Objection is heard.
Mr. MUSKIE. Mr. President, I have no desire to debate the issue further. I think my position has been spread on the record. The matter is perfectly clear. I know that Senators are anxious to get away and are eager to vote, so I am willing to accept the result, whatever it may be. I am not interested in delaying the Senate for a minute. I fully expected this amendment to be voted on earlier this afternoon.
Mr. JAVITS. Mr. President, as this is a substitute, is it open to a perfecting amendment?
The PRESIDING OFFICER. It is open to further amendment.
Mr. JAVITS. Mr. President, I suggest the absence of a quorum.
Mr. BEALL. Mr. President, will the Senator withhold his request for a moment?
Mr. JAVITS. Surely.
Mr. BEALL. Will the Senator from Maine yield for a question?
Mr. MUSKIE. I am glad to yield.
Mr. BEALL. My colleague, the senior Senator from Maryland (Mr. MATHIAS), had an amendment adopted last week. Does the amendment of the Senator from Maine include the language of that amendment?
Mr. MUSKIE. It does.
Mr. BEALL. I thank the Senator.
Mr. BROCK. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The second assistant legislative clerk proceeded to call the roll.
Mr. JAVITS. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. JAVITS. Mr. President, I ask unanimous consent that the Senator from Maine (Mr. MUSKIE) be permitted to add to his amendment my amendment which was adopted earlier today.
The PRESIDING OFFICER. Is there objection? The Chair hears none, and it is so ordered.
Mr. JAVITS. I thank my colleague.
Mr. MUSKIE. Mr. President, I am ready to vote.
The PRESIDING OFFICER (Mr. HELMS). The question is on agreeing to the amendments, as amended, of the Senator from Maine.
The result was announced – yeas 37, nays 46, as follows:
[Roll call vote tabulation omitted]
So Mr. MUSKIE's amendment was rejected.
The PRESIDING OFFICER (Mr. ABOUREZK). The Senate will be in order.
Mr. TOWER. Mr. President, I move to reconsider the vote by which the Muskie amendment was rejected.
Mr. MUSKIE. Mr. President, if I may make a few brief remarks, I will not detain the Senate very long.
The PRESIDING OFFICER. The Senate will be in order.
Mr. PASTORE. Mr. President, the Senate is not in order. May we have order?
The PRESIDING OFFICER. The Senator will suspend until the Senate is in order.
The Senator from Maine may proceed.
Mr. MUSKIE. Mr. President, I think I can make myself heard. I do not want to delay the Senate overly long.
I am disappointed in the vote but, as I have said during the 2 days we have considered this measure, all I wanted was a vote on the merits and we have had it.
The question that comes before us now is whether we will accept the Tower amendment which by its language would undertake to establish a monitoring agency. I cannot speak for any of the others who cosponsored the Muskie amendment but as I read the Tower amendment, I believe it is a shadow of what we need.
What I proposed was little enough by way of monitoring the economy. It was very carefully worked out and worked out after advice from experts in the field. What I had proposed was an agency sufficiently equipped with personnel and funding to do the job.
I am not interested in a shadow agency. My colleagues may be. The remainder of the Senate may be. But if we are going to have a monitoring agency, I am interested in it only if it can do its job, because otherwise it would be an illusory promise to the American people that we are undertaking to do something meaningful about inflation.
So, Mr. President, I propose to vote against the Tower amendment, because I do not think there is enough flesh on it.
I may, in due course, make a motion to table, but I think there should be some debate on this question. I do not know how much patience the Senate has for further debate, but that is my view.
The sponsors, the distinguished Senators from Texas and Tennessee, have been opposed to a monitoring agency during the 2 days of debate. But they are the sponsors of this amendment. So I just do not accept it as putting meaningful flesh on the concept of economic monitoring.
Thus, I shall vote against it and, in due course, if debate indicates it is the proper parliamentary course, I shall make a motion to table.
The PRESIDING OFFICER. The question is on agreeing to the motion to reconsider the vote by which the Muskie amendment was rejected.
Mr. THURMOND. Mr. President, I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. STEVENSON. Mr. President, I rise very reluctantly to agree with the Senator from Maine that it would be better to table the Tower amendment than to deceive the people.
This amendment contains no effective monitoring authority. The agency it authorizes would be without the resources with which to enforce the decontrol commitments which have been made. I think it is a flagrant capitulation to inflation. Therefore, it would be better to table this amendment than to pretend we are doing something that we are not doing.
I rise very reluctantly because inflation is robbing the pocketbooks of the people of this country. It is causing economic distress. With the defeat of the Muskie amendment, the chances for an orderly decontrol of the economy are virtually gone. That means that before very long, with double-digit inflation, we are going to be back here again considering legislation either to mandate or to impose a freeze or other controls, and then we will suffer even more severe dislocations in our economy.
If the Senator from Maine will not offer it, at the appropriate time I will offer a motion to table the Tower amendment.
Mr. PROXMIRE. Mr. President, a parliamentary inquiry.
The PRESIDING OFFICER. The Senator will state it.
Mr. PROXMIRE. Is it not true that a motion to table the Tower amendment was made this afternoon, only a few hours ago?
The PRESIDING OFFICER. The Senator is correct.
Mr. PROXMIRE. Is it not true that the same motion renewed within this period of time would not be in order?
The PRESIDING OFFICER. There have been two amendments to the Tower amendment since the last motion to table. Therefore, a motion to table now is in order. It would be a different proposition.
Mr. PROXMIRE. So a motion to table the Tower amendment, in effect, since we have already had a vote, would be a motion to vote down the Hathaway amendment and the Proxmire amendment. It would be a motion to wipe out the vote of the Senate in favor of a $295 billion ceiling.
Mr. PASTORE. Mr. President, a parliamentary inquiry.
The PRESIDING OFFICER. The Senator will state it.
Mr. PASTORE. Eventually, will a motion to lay the whole bill on the table be in order?
The PRESIDING OFFICER. Yes, it would be in order.
Mr. PASTORE. That is all I want to know.
Mr. MUSKIE. Mr. President, it seems to me that we have exhausted the Senate's patience for debate; I do not think there is anything left to say. So I do move to table the whole bill.
The PRESIDING OFFICER. The question is on the motion to table the entire bill.
Mr. PROXMIRE. Mr. President, I ask for the yeas and nays.
The yeas and nays were ordered.
The result was announced – yeas 65, nays 18, as follows:
[Roll call vote tabulation omitted]
So the motion to lay the bill on the table was agreed to.