October 11, 1978
Page 35447
CONCLUSION OF MORNING BUSINESS
The PRESIDING OFFICER. Is there morning business?
If not, morning business is closed.
FULL EMPLOYMENT AND BALANCED GROWTH ACT OF 1978
The Senate continued with the consideration of H.R. 50.
Mr. ROBERT C. BYRD. Mr. President, what is the pending business before the Senate?
The PRESIDING OFFICER. The pending business before the Senate is H.R. 50.
Mr. ROBERT C. BYRD. I thank the Chair.
RECESS UNTIL 11:15 A.M.
Mr. ROBERT C. BYRD. Mr. President, if no Senators seek recognition now, I ask unanimous consent that the Senate stand in recess for 30 minutes.
There being no objection, the Senate, at 10:45 a.m., recessed until 11:15 a.m.; whereupon, the Senate reassembled when called to order by the Presiding Officer (Mr. MCGOVERN).
PROCEDURE DISCUSSION
Mr. ROBERT C. BYRD. Mr. President, while the Members on both sides of the aisle are attempting to work out their problems in connection with the Humphrey-Hawkins bill, I hope that it will be possible to call up the sunset legislation under a time agreement. With the distinguished minority leader on the floor, I propose that he and I see if we can work together to develop a time agreement that will allow the sunset legislation to be called up and debated and disposed of. I would not, of course, want anything that would interfere with the Humphrey- Hawkins measure, which is now before the Senate. If a time agreement could be worked out that would allow the sunset legislation to be disposed of within a reasonable length of time, with the understanding that, at any time a Senator wished to discuss the Humphrey-Hawkins measure or offer an amendment to it or take any action on it whatsoever, the sunset legislation would be set aside for that purpose, then it seems to me we would be utilizing the time of the Senate most effectively.
Mr. BAKER. If the majority leader will yield to me for a moment, I am sure he knows, surely the distinguished sponsor of the bill knows, I am a cosponsor of the sunset bill. I am certainly predisposed to move it. I must say that, as I understand it, I do not support the Glenn amendment. I wonder what the majority leader or the distinguished Senator from Maine could say about the form of a proposal that might take account of the complications posed by the Glenn amendment.
Mr. MUSKIE. If the Senator will yield, it is my understanding that the Glenn amendment will not be offered. Senator GLENN had a vote on a very limited form of his amendment yesterday. I understand that although that does not satisfy him, he accepts it and he is willing now to let me have a vote on the sunset principle on the spending side.
There are three or four amendments that will be offered that I think, by and large, probably can be accepted, but that the sponsors will want to discuss. There is a Percy amendment and a Bentsen amendment. Both of those have to do with regulatory reform.
Senator PERCY has another amendment he calls his accountability amendment, and I think there is a Culver amendment, in addition, All of those, I think, will take very little time. I know of no other amendments. I think the agreement might well include a prohibition against nongermane amendments, aside from those that are named. It is my feeling that a 2-hour overall limit may be adequate. I am in the process of checking with Senator ROTH, who is the principal cosponsor on the Republican side, and with the sponsors of these amendments. I have no doubt in my own mind that, within a 2-hour time frame, we might be able to get an up or down vote.
May I say, in addition, that if, without blocking anybody else's legislative objectives, the Senate support of sunset proves to be very strong, and if there were a way to send it over to the House so that the House would have an opportunity to act on it, I would not be averse to that. But I am not going to try to throw a monkey wrench into somebody else's legislative vehicle at this point. I think it is important to get a vote on sunset so we know whether or not there is strong support. If there is, and if there is a convenient way to get House reaction to it, I would welcome that, but I shall not try to force it on the Senate in any way. It is in that spirit that I think this might be a useful way to use up some time today.
Mr. BAKER. Mr. President, I thank the Senator from Maine.
I am disposed, Mr. President, to respond favorably to the majority leader's request. I shall inquire on my side of the aisle what amendments might be in mind for the bill.
I do think that the suggestion that we provide against nongermane amendments is a good one.
It is even possible, I suppose, to identify the amendments on both sides and to try to provide that no other amendments would be in order. I am willing to do that, I think.
If the majority leader will give me a few minutes before he officially makes the request, I will see if we can put something together.
Mr. ROBERT C. BYRD. I appreciate that.
I thank the distinguished minority leader and the distinguished Senator from Maine. I agree that there should be no opening for nongermane amendments at this most critical period in the session. I hope we can work out an agreement.
Mr. MUSKIE. I thank the majority leader and the minority leader.
RECESS UNTIL 12 NOON
Mr. ROBERT C. BYRD. Mr. President, if no Senator seeks recognition on the Humphrey- Hawkins measure, I ask unanimous consent that the Senate stand in recess until 12 noon.
There being no objection, the Senate at 11:20 a.m., recessed until 12 noon; whereupon, the Senate reassembled when called to order by the Presiding Officer (Mr. DECONCINI).
VISIT TO THE SENATE BY MEMBERS OF THE AUSTRALIAN PARLIAMENT
Mr. PEARSON. Mr. President, we are indeed delighted to have with us today two visiting members of the Australian Parliament. It is my great pleasure to announce that Mr. Roger Shipton, chairman of the Foreign Affairs and Defense Committee, Liberal Party, and Mr. Gordon Bryant, member of Parliament, Labor Party, of the Australian Parliament are with us today.
[Applause.]
UNANIMOUS-CONSENT AGREEMENT — S. 2
Mr. BAKER. Mr. President, if I could invite the attention of the majority leader and distinguished Senator from Maine, we have now inquired of the Members on this side and I believe it is possible to get a unanimous consent order on this side of the aisle on the sunset bill. If I may, I shall describe the general terms that we have been able to clear here.
First, that there be a reasonable time limitation on the bill itself; second, that only amendments that are specified in the unanimous consent order will be eligible and considered; and third, that there be a reasonable time for the consideration of the amendments themselves.
That is the general outline, Mr. President, of an agreement that we shall be willing to work out. If the majority leader cares to try to formulate such a request, I feel fairly sure it will be agreed to.
Mr. ROBERT C. BYRD. Mr. President, I thank the distinguished minority leader.
I ask unanimous consent that, at such time as Calendar Order No. 912, S. 2, the sunset bill, is called up and made the pending business before the Senate, there be a time limitation for debate thereon of 2 hours to be equally divided between Senator MUSKIE and Senator PERCY, that there be a time limitation on any amendment of 30 minutes; a time limitation on any debatable motion, appeal or point of order if such is submitted to the Senate for its discussion of 20 minutes; that the agreement be in the usual form; that the following amendments be specified as qualifying: an amendment by Mr. ROTH, which would add cost-effectiveness criteria to program evaluation reports; an amendment by Mr. PERCY, which would be a revision of S. 600, regulatory reform; an amendment by Mr. PERCY, which provides for program accountability as a new title; an amendment by Mr. BENTSEN, which requires OMB to report under section 504 to identify conflicts in regulatory policies; an amendment by Mr. CULVER, which provides new program evaluation criteria on future trends relating to the program.
It is understood, Mr. President, that this agreement, being in its usual form, would obviate and preclude nongermane amendments, with the exception of the specified amendments if, indeed, any of them are offered.
Mr. MUSKIE. Can the majority leader tell me the overall time limitation?
Mr. ROBERT C. BYRD. Overall time is 2 hours.
Mr. MUSKIE. Does the agreement specify a time for a final vote on this? I take it it will be around 6 o'clock, because Members want a roll call vote.
Mr. ROBERT C. BYRD. Mr. President, I add to the unanimous consent request this provision: That if the sunset bill is before the Senate at a given moment and any Senator wishes to proceed with the Humphrey-Hawkins bill — if any Senator wishes to proceed to discuss, debate, offer any amendments or motions in relation to the Humphrey-Hawkins bill — the sunset bill be laid aside temporarily for that purpose.
The PRESIDING OFFICER (Mr. BUMPERS). Is there objection?
Mr. BAKER. Reserving the right to object, I think the suggestion of the majority leader as to times and other provisions is good and conforms to the presentation we made to Members on this side in order to clear it for unanimous consent. There is one point I would like to clarify.
I did not understand fully whether or not this agreement would preclude any amendments except the specified amendments, or whether it would simply exclude nongermane amendments. I had hoped that the agreement would provide that no amendment other than those specified in the order would be considered.
Mr. ROBERT C. BYRD. Very well. The way I presented the order, it would not preclude other amendments that are not germane. If that be the wish of the principals, I shall modify my request accordingly.
Mr. MUSKIE. Reserving the right to object, and I shall not — I simply state my desires — may I say I have been trying to get Senator GLENN on the phone since we talked earlier. He is on the phone now and I want to give him the courtesy of telling him what we are doing before we nail this down finally. Could we suspend for 30 seconds or a minute? I think there is no problem, but I want to be sure.
Mr. ROBERT C. BYRD. Mr. President, if the distinguished Senator from Connecticut will continue to yield momentarily, with the understanding that the time is not being charged to him, I should like to get a response from Mr. MUSKIE on the request now pending.
Mr. MUSKIE. Mr. President, the agreement as outlined is agreeable to us. Senator GLENN understands it. It is agreeable to him, so we should have no difficulty with it.
Mr. ROBERT C. BYRD. If I may have the attention of the distinguished minority leader, no amendments other than those amendments that have been specified would be in order, with the exception of amendments to the amendments, provided the amendments to the amendments are germane to the amendments.
Is that agreeable?
Mr. BAKER. Mr. President, that is satisfactory.
As I understand it, the bill will be subject to a 2-hour time limitation. There will be certain specified amendments, which the majority leader has identified, which will be eligible; that there be a time limitation of 30 minutes on them and 20 minutes on amendments to the amendments or debatable motions or appeal, if the same are submitted to the Senate.
Mr. ROBERT C. BYRD. That is correct.
Mr. BAKER. And that amendments to the amendments would be in order only if they were germane to the subject matter of amendment.
Mr. ROBERT C. BYRD. That is right. And no other amendments would be in order.
Mr. BAKER. I have no objection.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. ROBERT C. BYRD. Mr. President, I further ask unanimous consent that if the bill is called up today and any roll call votes are ordered thereon, such roll call votes not occur until 6 p.m. today.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. ROBERT C. BYRD. Mr. President, I thank the distinguished Senator from Connecticut (Mr. WEICKER) and the distinguished Senator from Maine (Mr. MUSKIE) for their courtesy in yielding at this time. I also thank the minority leader and Mr. MUSKIE and all Senators for their cooperation in arranging the agreement.
Mr. MUSKIE. I thank the majority leader and the minority leader for their cooperation in enabling me to get to this point.