September 30, 1976
Page 33897
CLEAN AIR ACT CONFERENCE REPORT
Mr. MUSKIE. Mr. President, the conference report on the Clean Air Act has been pending since 3 o'clock this afternoon, and I have been assured since that time that we would move to it very soon, and it is now almost 10 o'clock.
It is no secret in this body that every effort is going to be made to defeat the Clean Air Act by extended debate, if necessary. It is my firm conviction that if we are to have any chance at all to act finally on this vital piece of legislation, which represents 2 years of hard work in each of the two bodies of Congress, we must get to it and get to it immediately.
I understand that a conference report is a privileged matter, and I am going to insist — to the extent that my insistence has any effect — that we proceed to it at this time. I have been assured that I could. Every time I have checked that reassurance, I have been told, "There is another matter, Senator, that ought to be taken up." I have lost my patience with the other matters.
I will object to any unanimous consent requests to consider other matters. We are going to decide this one, one way or another, if I can get it before the Senate.
So I would like to know what the assistant majority leader's intentions are at this point, with reference to this
Mr. GARN. Mr. President, will the Senator yield, without losing his right to the floor?
Mr. ROBERT C. BYRD. If the Chair will protect me, yes.
Mr. GARN. A few moments ago, the acting majority leader asked what the realistic situation was on this nomination. So that there is no doubt in the Senate, we know what is going to go on if the Clean Air Act is brought up tonight. I guarantee that we will be here all night, and we will talk for a long time; and it does not make any difference to the junior Senator from Utah whether that is all night tonight or tomorrow or Friday night or next week.
So that everybody understands what is going on — and the assistant majority leader does — we do intend to be here as long as necessary to kill the bill.
Mr. MUSKIE. And I am prepared to stay here all night, I say to the acting majority leader. I am not about to let 2 years' hard work go down the drain because one Senator thinks his will must prevail over that of two Houses, clearly stated. If the Senator wants that to be the result, I can assure him that the record will be very clear as to whose responsibility it is to sabotage the careful work that has gone into this matter for 2 years.
All I want at the moment is the starting gun, and I am prepared to go; and I am prepared to go tonight, tomorrow; and tomorrow night, until the record is clear.
Mr. MOSS. Mr. President, will the Senator yield?
Mr. ROBERT C. BYRD. I yield, with the same understanding.
Mr. MOSS. Just for the purpose of saying, it is not one Senator. There are a lot of Senators here who are going to resist the conference report on the Clean Air Act amendments. We stood on this floor for 4 or 5 days; when it was here earlier. Now that it has been through the House and is back here again, we are still trying to make the point we made then. We shall make it, in view of the time frame that we have, with whatever resources we have.
I support my junior colleague in his statement that, if it takes 2 days, 3 days, whatever it takes, we shall be here.
Mr. ROBERT C. BYRD. Mr. President; if I may respond to the question that was asked of me by the distinguished Senator from Maine, I fully understand the feelings of my distinguished friend from Maine. He has waited patiently all afternoon. He canceled a trip to his native State, with the understanding that at some time this afternoon, he would be able to bring up the conference report.
Mr. MUSKIE. Precisely, and the affair in Maine; which involved a visit by our party's Presidential candidate that I had to cancel to be here, is now over.
Mr. ROBERT C. BYRD. Exactly.
Now, Mr. President, I am between the rock and the hard place. The Policy Committee instructed me to proceed for a reasonable length of time on several measures, among which are black lung — as I have indicated, that is before the Senate now, and it is a measure that is of very great interest and concern to my State — mine safety, payments in lieu, and water pollution control authorization conference reports, and so on. So I am going to do this: I am going to payments in lieu for no longer than 20 minutes: The issue will have to rise or fall, once we get on it, within 20 minutes.
I ask the Chair to protect my rights so that, in 20 minutes, if this matter is not disposed of, I can yield the floor to the Senator from Maine so that he can call up the Clean Air Act conference report.
Mr. MUSKIE. What matter does the assistant majority leader have reference to?
Mr. ROBERT C.. BYRD. Twenty minutes on the payments in lieu.
Mr. MUSKIE. Let me make my position clear: A lot of those Senators who are going to filibuster the Clean Air Act are interested in that piece of legislation. I see no reason why I should just roll over and play dead so they can get their goodies while they reserve the right to sabotage the Clean Air Act without any opportunity for the Senate to vote on it. Let us be explicit about this. I know where the payments in lieu of taxes legislation comes from. I know what States are interested in it. And, as a matter of fact, I think it is a bad piece of legislation, although I did enable the committee to clear the Budget Committee so that they could bring it to the floor. But I am not going to go the next step and give these Senators who are going to try to torpedo the Clean Air Act their goodies in advance so that they can filibuster indefinitely, without price. I refuse.
Have I made it clear enough?
Mr. ROBERT C. BYRD. Oh, the Senator has made it clear.
Now, Mr. President, with the understanding that if we get on the payments in lieu, once we get on it, if 20 minutes pass end it is not disposed of—
Mr. MUSKIE. Does the Senator propose to move the payments in lieu?
Mr. ROBERT C. BYRD. I am going to take it down. I stated my position earlier.
Mr: MUSKIE. A parliamentary inquiry.
Mr. ROBERT C. BYRD. I have the floor
Mr MUSKIE. Regular order, Mr. President.
Mr. ROBERT C. BYRD. Mr, President, I yielded for that purpose, but I have the floor.
Mr. MUSKIE. A parliamentary inquiry.
The PRESIDING OFFICER. The Senator will state it.
Mr. MUSKIE. Is a conference report a privileged matter?
The PRESIDING OFFICER. A conference report is a privileged matter. The Senator from West Virginia has the—
Mr. MUSKIE. Mr. President, I want to submit the conference report on S. 3219, the Clean Air Act amendments, and move its consideration.
The PRESIDING OFFICER. The Senator from West Virginia yielded for the purpose of the parliamentary inquiry. The Senator from West Virginia has the floor and the Senator from Maine may not move unless he is yielded to for that purpose.
Mr. MUSKIE. A parliamentary inquiry.
The PRESIDING OFFICER. The Senator will state it.
Mr. MUSKIE. What does the privilege relating to conference reports mean? Will the Chair advise me?
The PRESIDING OFFICER. It means that, if the Senator can get the floor for that purpose, he may move to proceed to the conference report and then it is a privileged matter. But the Senator from West Virginia has the floor.
Mr. MUSKIE. Is it the intention of the assistant majority reader to deprive the Senator from Maine of the opportunity to raise a privileged matter, a conference report, on a plea of congressional priority?
Mr. ROBERT C. BYRD. No, it is not my intention to deprive the Senator of the right which he has, when I give up the floor, to call up his conference report. I stated that, in view of the fact that I was between two very difficult propositions here, I would go to the other matter for 20 minutes only.
Mr. MUSKIE: Well, why go to the other matter instead of to my matter?
I shall tell the Senator from West Virginia this, that if he brings up the payments in lieu, I shall not permit it to come to a vote
Mr. ROBERT C. BYRD. Well, that is all right.
Mr. MUSKIE. So why is he wasting this time?
Mr. ROBERT: C. BYRD. Because the Senator asked me what I intended to do.
Mr. MUSKIE. But he assured me earlier, may I say to the Senator, he gave me none of this dilemma earlier, the dilemma between this and payments in lieu.
Mr. ROBERT C. BYRD. What did I give the Senator?
Mr. MUSKIE. He told me several times earlier, "Just a few minutes," "in just a moment," "We will get to the Clean Air Act after this next matter." I have been waiting since 3 o'clock this afternoon.
Mr. ROBERT C. BYRD. Mr. President, I cannot recall having said, "After we get to this next matter."
Mr. MUSKIE. Well, the Senator cannot recall it; I am certainly not going to challenge his recollection. But I sat on this floor from 3 o'clock this afternoon until we got to the George Murphy matter, in full expectation that at some point in that 3-hour period, the Clear Air Act conference report would be called up and the Senator from West Virginia never disabused me of that impression at any time in that 3-hour period. I finally left because it was clear that the Murphy matter was involved in extended debate. I left. I had just ordered my dinner when I was told that the assistant majority leader wanted me to rush to the floor and I did. So I have been available constantly, on the impression, if not the explicit promise, that my matter was going to be called up that would involve extended debate—
Mr. ROBERT C. BYRD. Mr. President, may we have order in the Senate?
The PRESIDING OFFICER. The Senate will be in order.
Mr. MUSKIE. The position of the Senator from Utah was made eminently clear at that point. If it is the desire of the assistant majority leader for us just to play dead on the Clean Air Act, I would like to know.
Mr. ROBERT C. BYRD. Mr President, will the Senator allow me to answer the question?
Mr MUSKIE. I yield. It is the Senator's floor, of course.
Mr. ROBERT C. BYRD. Mr. President, the Senator knows that I have said all afternoon that it is my intention at some point to get to the Clean Air Act conference report.
Mr. MUSKIE. I shall desist until the Senator finishes.
Mr. ROBERT C. BYRD. That is the best I could say to the Senator, because that is the best I could promise. I would not promise more than I knew I could carry out.
I have said if we can move to payment in lieu for 20 minutes — and we have consumed 10 minutes now just discussing this — if we could move to payments in lieu for 20 minutes, because that is also on the instructions from the Policy Committee to me, after 20 minutes I would then, if that is not disposed of, move to set it aside and we would go to the Clean Air Act amendments, and I will be willing to stay with the Senator all night on the Clean Air Act amendments.
I have been here since 8:30 this morning right here, and I will be here.
Mr. MUSKIE. So have I, may I say to the Senator. I left the clean air conference at midnight last night after 3 solid days and 14 hours yesterday to bring this product to this floor—
Mr. ROBERT C. BYRD. Well, I am simply saying in good faith I want to get both matters up tonight We will only spend 20 minutes on that matter; and then we will go to this other matter, and I will stay with the Senator as long as he stay. I will be here trying to help.
Mr. MUSKIE. I promise you, you will not get a vote on the other matter.
Mr. GRIFFIN addressed the Chair.
Mr. ROBERT C. BYRD. Mr. President, I still have the floor. I yield to the Senator without losing my right to the floor.
Mr. GRIFFIN. A parliamentary inquiry
The PRESIDING OFFICER. The Senator will state it.
Mr. GRIFFIN. Has there been any kind of an agreement, unanimous consent agreement, with respect to any other legislation or— what is the pending question?
The PRESIDING OFFICER. The black lung bill, so-called black lung bill, is the pending question.
The Senator from West Virginia.
PAYMENTS TO LOCAL GOVERNMENTS
Mr. ROBERT C. BYRD. Mr, President,without losing my right to the floor and, of course I do not lose my right to the floor by asking unanimous consent, I ask unanimous consent that the Senate now proceed to consideration of H.R. 9719.
Mr GRIFFIN. Mr. President, reserving the right to object, this is the payment in lieu of taxes bill?
Mr, ROBERT C. BYRD. Yes.
Mr. GRIFFIN. There is a lot of support on both sides of the aisle for the basic legislation included in H.R. 9'719, the payments in lieu of taxes provision. However, as reported this bill is very controversial because an extraneous special amendment to benefit Louisiana was added in committee. It is an amendment which has nothing to do with payments in lieu of taxes but relates instead to the Coastal Zone Management Act.
In addition, another very costly amendment was added by the Interior Committee which would bring Indian lands under the scope of this bill. So, it is controversial. I will not object to a motion to take up the bill, but if the acting majority leader expects to deal with this subject under a 20-minute time limit, I would be forced to object.
Mr. ROBERT C. BYRD. Well, does theSenator care to object?
Mr. GRIFFIN. Is the request to proceed to consideration of the bill? If so, I will not object. But if the Senator expects a 20-minute time limit for consideration there will be an objection.
Mr. ROBERT C. BYRD. Mr. President, I ask unanimous consent that the Senate proceed for not more than 20 minutes to the consideration of H.R. 9719.
Mr. HELMS. I object.
The PRESIDING OFFICER. Objection is heard.
Mr ALLEN. Mr. President; will the Senator yield?
Mr. ROBERT C. BYRD. Yes.
Mr. ALLEN. I believe the distinguished Senator from Michigan has in mind that these 20 minutes would guarantee there would be a vote at that time. The Senator is not asking that.
Mr. ROBERT C. BYRD. I did not ask for a vote. I merely asked that we proceed for 20 minutes on this measure. Is there objection?
Mr. GRIFFIN. To the 20-minute time limit, yes.
Mr. ALLEN. It is not a time limit when it comes to a vote. It is just to devote 20 minutes to it.
Mr. ROBERT C. BYRD. Mr. President, I ask unanimous consent — let me put it this way — I ask unanimous consent that the Senate proceed to the consideration of S. 9718, and that a vote thereon occur at 10:30 tonight.
Mr. TOWER. I object
The PRESIDING OFFICER. Objection is heard.
Mr. ROBERT C. BYRD. Mr. President, I ask unanimous consent that the Senate proceed to the consideration of H.R. 9719.
The PRESIDING OFFICER. Is there objection.?
Mr. GRIFFIN. I object, Mr. President.
The PRESIDING OFFICER. Objection is heard.
Mr. HUGH SCOTT. Mr. President. Will the Senator yield for a parliamentary inquiry?
Mr. ROBERT C. BYRD. Yes, I yield for that purpose.
Mr. HUGH SCOTT. Mr. President, a parliamentary inquiry.
The PRESIDING OFFICER. The Senator will state it.
Mr. HUGH SCOTT. Is anything happening? [Laughter] Obviously, nothing is happening.
Mr. ROBERT C. BYRD. Very well, Mr.President, I have attempted to get a unanimous consent request to proceed for 20 minutes. That failed. I attempted to get a unanimous consent agreement to vote by 10:30 and that failed. For the time being I think it would be futile to move in the face of what I have been told because the Senate would be wasting its time. I have a feeling that we will not even be able to get to a vote for a considerable length of time on a motion to proceed. That being the case—
Mr. GRIFFIN. Will the Senator, Mr. President, yield for a comment? Perhaps I misunderstood an earlier request; let me make it clear that if the Senator moves to proceed to consideration of this bill I will support it — or if he asks unanimous consent to proceed to it, consideration of it, I will not object. I object only to the time limit suggested.
Mr. ROBERT C. BYRD Mr. President, I will put the request like this: I ask unanimous consent that the Senate proceed to the consideration of H.R. 9719, and that at the end of 25 minutes I be recognized.
Mr. GRIFFIN. I object, Mr. President.
The PRESIDING OFFICER. Objection is heard.
Mr. MUSKIE. Mr. President, will the Senator yield? What is the pending business?
The PRESIDING OFFICER. The pending business is black lung.
Mr. ROBERT C. BYRD. Black lung.
Now, Mr. President, I yield to the Senator from Maine that he may call up the conference report.
CLEAN AIR ACT AMENDMENTS — CONFERENCE REPORT
Mr. MUSKIE: Mr: President, I submit a report of the committee of conference on S. 3219 and ask for its immediate consideration.
The PRESIDING OFFICER The report will be stated by title.
The legislative clerk read as follows:
The committee of conference on the disagreeing votes of the two Houses on the amendments of the House to the bill (S. 3219) to amend the Clean Air Act, as amended, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses this report, signed by a majority of the conferees.
Mr GARN. Mr. President, I ask that the conference report on S. 3219 be read in its entirety.
The PRESIDING OFFICER. A request has been made that the conference report be read in its entirety. The clerk will read the conference report.
The legislative clerk proceeded to read the conference report.
The PRESIDING OFFICER. The clerk will suspend momentarily. The Senate will be in order. The Senate staff will kindly take their seats. Conversations will withdraw to the cloakroom. Senators will kindly be in order.
The clerk will resume reading the report.
The legislative clerk resumed the reading of the conference report.
Mr. HUMPHREY. Mr. President, a parliamentary inquiry.
The PRESIDING OFFICER. The Senator will state it.
Mr. HUMPHREY. Is a conference report being read subject to a division or consideration in terms of the titles that it may have or the subject matter?
The PRESIDING OFFICER. If by the question the Senator asks if the reading can be terminated, that can only be done by a unanimous consent request and a unanimous consent order. Once the reading commences it proceeds.
Mr. HUMPHREY. Parliamentary inquiry.
The PRESIDING OFFICER. The Senator will state it.
Mr. HUMPHREY. It is my understanding that the conference report deals with specific provisions of the bill as finally agreed on by the conferees, am I correct?
The PRESIDING OFFICER. The Senator is correct.
Mr. HUMPHREY. All right. Is it subject to division?
The PRESIDING OFFICER. No, it is not.
Mr. HUMPHREY. It is not subject to division?
The PRESIDING OFFICER. What he said. [Laughter.]
Mr. HUMPHREY. Will the Chair repeat that?
The PRESIDING OFFICER. The conference report is not divisible or amendable. It has to be voted up or down in its entirety, and the reading is not interruptible by debate.
The clerk will continue to read.
The legislative clerk continued with the reading of the conference report.
Mr. MUSKIE. Mr. President, parliamentary inquiry.
The PRESIDING OFFICER. The Senator will state it.
Mr. MUSKIE. Is the clerk reading the statement of the managers or the conference report?
The PRESIDING OFFICER The clerk is reading the conference report. The clerk will proceed.
The legislative clerk continued with the reading of the conference report.
Mr. HUMPHREY. Mr. President, parliamentary inquiry.
Mr GRIFFIN. Regular order.
Mr. HUMPHREY. I am entitled to make a parliamentary inquiry.
The PRESIDING OFFICER. The Chair will no longer entertain any parliamentary inquiry after this one.
Mr. HUMPHREY All right. [Laughter]
Mr. President, I want to know what relief there is for the clerk of the Senate who is called upon to read this report, who has been in this body for 14 hours. 'There is such a thing as cruel and inhumane treatment and there are also certain rules of public health. There is also the OSHA that we have, the Occupational Safety and Health Act. I want to know what is going to happen to our clerk, the poor soul. Look at him up there. [Laughter.]
The PRESIDING OFFICER. The Senator cannot include the staff of the Senate.
Mr. HUMPHREY. I would hope that the Chair would give the clerk a little relaxation. There are those in the Senate who want the report read. Since we have from time to time people become Presiding Officers in the Senate, we might even have people become readers. Senators become readers, I might say.