October 1, 1976 CONGRESSIONAL RECORD- SENATE

S. 3683. An act for the relief of Doctor

Juan Bautista Lopez Ruiz.

S. 3894. An act to amend the Federal Water

Pollution Control Act, as amended.

On October 12, 1976:

S. 12. An act to amend section 376 of title

28, United States Code, in order to reform

and update the existing program for annuities to survivors of Federal justices and

judges.

S. 507. An act to establish public land

policy; to establish guidelines for its administration; to provide for the management,

protection, development, and enhancement

of the public lands; and for other purposes.

S. 800. An act to amend chapter 7, title 5,

United States Code, with respect to procedure for judicial review of certain administrative agency action, and for other purposes.

S. 969. An act to amend title 38, United

States Code, to set a termination date for

veterans' educational benefits under chapters

34 and 36, to increase vocational rehabilitation subsistence allowances, educational and

training assistance allowances, and special

allowances paid to eligible veterans and persons under chapters 31, 34, and 35; to extend

the basic educational assistance eligibility

for veterans and for certain dependents from

thirty-six to forty-five months; to improve

and expand the special programs for educationally disadvantaged veterans and servicemen under chapter 34; to improve and ex- pand the education loan program for veterans and persons eligible for benefits under

chapter 34 or 35; to create a new chapter 32

(Post-Vietnam Era Veterans' Educational

Assistance program) for those entering military service on or after January 1, 1977; to make other improvements in the educational

assistance program; to clarify, codify, and

strengthen the administration of educational benefits to prevent or reduce abuse; to

promote the employment of veterans by improving and expanding the provisions governing the operation of Veterans' Employment Services; and for other purposes.

S. -1283. An act to improve judicial machinery by further defining the jurisdiction

of United States magistrates, and for other

purposes.

S. 1437. An act to distinguish Federal grant

and cooperative agreement relationships from

Federal procurement relationships, and for

other purposes.

S. 2150. An act to provide technical and

financial assistance for the development of

management plans and facilities for the recovery of energy and other resources from

discarded materials and for the safe disposal

of discarded materials, and to regulate the

management of hazardous waste.

S. 2533. An act to provide that the lake

formed by the lock and dam referred to as the

"Jones Bluff lock and dam" on the Alabama

River, Alabama, shall hereafter be known as

the R. E. "Bob" Woodruff Lake.

S. 2548. An act to revise a-d extend the

provisions of title XII of the Public Health

Services Act relating to emergency medical

services systems, and for other purposes.

S. 2910. An act to amend the Public Health

Service Act to revise and extend provisions

respecting arthritis, diabetes, and digestive

diseases.

S. 3063. An act designating Ozark Lock and

Dam on the Arkansas River as the "OzarkJeta Taylcr Lock and Dam".

S. 3091. An act to amend the Forest and

Rangeland Renewable Resources Planning

Act of 1974, and for other purposes.

S. 3521. An act to expedite a decision on the

delivery of Alaska natural gas to United

States markets, and for other purposes.

S. 3553. An act to define the jurisdiction of

United States courts in suits against foreign

states, the circumstances in which foreign

states are immune from suit and in which

execution may not be levied on their property, and fcr other purposes.

S. 3823. An act authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigati-n,

flood control, and for other purposes.

S.J. Res. 209. A joint reszlution authorizing

the President to proclaim the week of Octaber 10 through 16, 1976, as "Native American

Awareness Week".

MESSAGES FROM THE PRESIDENT

On October 26, 1976, the following

Messages from the President of the

United States were received:

The President has pocket vetoed the

following:

Effective at midnight, October 12, 1976:

S. 3790, An act for the relief of Camilla A.

Hester.

Effective at midnight, October 19, 1976:

S. 2081, An act to provide for furthering

the conservation, protection, and enhancement of the Nation's agricultural resources

for sustained use, and for other purposes.

Effective at midnight, October 23, 1976:

S. 1437, An act to distinguish Federal

grant and cooperative agreement relationships from Federal procurement relationships, and for other purposes.

S. 3553, An act to define the jurisdiction of

United States courts in suits against foreign

states, the circumstances in which foregn

states are immune from suit and in which

execution may not be levied on their property, and for other purposes.

S. 3790

MEMORANDUM OF DISAPPROVAL

I have withheld my approval from

S. 3790, a private bill which would authorize a civil service survivor annuity

retroactive to September 28, 1972, to

Mrs. Camilla A. Hester as the widow of

the late John A. Hester.

While I am sympathetic to Mrs. Hester's circumstances, S. 3790 unfortunately contains two precedent-setting

provisions which I consider very undesirable, not only for future private relief legislation, but also for ordinary

claims under the Civil Service Retire,

ment System.

The first would require the Civil Service Commission to pay interest at 6 percent per annum retroactive to 1972 on

the survivor's benefit which would be

authorized by S. 3790. The second would

require the Treasury to pay Mrs. Hester

$5,000 as compensation for her successful

effort to be awarded the benefit. Neither

of these provisions are appropriate, in

my judgment, in bringing Mrs. Hester

equitable relief.

For these reasons I am unable to approve S. 3790. I have signed other private

relief legislation during the 94th Congress designed to rectify the inequitable

circumstances arising from the "lenth

of marriage" requirement in the civil

service retirement law. However, those

bills did not contain the objectionable

provisions contained in S. 3790. I would

be pleased, however, to consider legislation for Mrs. Hester that would provide

appropriate relief without the objectionable features discussed above.

S. 2081

MEMORANDUM OF DISAPPROVAL

I am withholding my approval from S.

2081, the "Agricultural Resources Conservation Act of 1976."

S. 2081 would have required the Federal Government-the Soil Conservation

Service of the Department of Agriculture-to appraise the land, water and re- lated resources of the Nation, and to de..

velop a plan and administer a program

for the use of private and non-Federal

lands.

I have several objections to S. 2081.

The bill would set the stage for the cre- ation of a large and costly bureaucracy

to "cooperate" with State and local governments and private landowners in an

attempt to insure land use in compliance

with the master plan. Too often Federal "cooperation"-when accompanied by

vast amounts of Federal dollars and a large bureaucracy-becomes Federal "direction."

I am not opposed to providing technical assistance to those who need it. The

Federal Government, including the Soil

Conservation Service, already does a great deal in the management and protection of our natural resources. My

1977 budget proposal called for outlays in

excess of $11 billion for these programs.

Included in that amount is over $400 million for the very program administered

by the Soil Conservation Service to

which this bill is directed.

In addition, the bill would subject the

President's statement of policy-a document that would be used in framing Executive Branch budget requests for this

program-to a 60-day review period during which either House of Congress may

disapprove the statement of policy by

simple resolution. This would be contrary

to the general principle of separation of

power whereby Congress enacts laws but

the President and the agencies of government execute them. Furthermore, It

would violate Article I, section 7 which

requires that resolutions having the force

of law be sent to the President for his

signature or veto.

In summary, S. 2081 would violate the

principles of fiscal responsibility, minimum Federal regulation, separation of

powers, and constitutional government,

and accordingly, I withhold my approval.

S. 1437

MEMORANDUM OP DISAPPROVAL

I am withholding my approval of S.

1437, the Federal Grant and Cooperative

Agreement Act of 1976.

This legislation has a laudable goalto clarify and rationalize the legal instruments through which the Federal

Government acquires property and services and furnishes assistance to State

and local governments and other recipients. The bill would establish three

categories of legal instruments which

Federal agencies would be required to use: procurement contracts, grant

agreements, and cooperative agreements.

These categories would be defined according to their different purposes.

S. 1437 would also require the Director

of the Office of Management and Budget

to undertake a study which would (1)

"develop a better understanding of alternative means of implementing Federal

assistance programs . . .", and (2) "... determine the feasibility of developing a comprehensive system of guidance for Federal assistance programs."

The Office of Management and Budget

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CONGRESSIONAL RECORD - SENATE October 1, 1976

completed a study, almost a year ago, of

the definitions of "grant", "contract"

and "cooperative agreement." That

study, which has been reviewed by other

Federal agencies, public interest groups,

and other interested associations and

groups, confirmed support for the objectives of this legislation but led to serious

questions as to whether 'at this point

legislation is necessary or desirable.

No matter how careful the drafting, a

bill which requires thousands of transactions to be placed into one of three

categories will probably result, in many

cases, in limiting the flexibility of Federal agencies in administering their programs and creating a large number of

technical difficulties for them. Federally

supported basic research programs would

be particularly difficult to classify in

terms of the definitions in this bill.

The Office of Management and Budget

is continuing to work in this area with

the cooperation of other Federal agencies. It plans to issue policy guidance to

Federal agencies that would more clearly

distinguish between procurement and

assistance transactions and to better define patterns of assistance relationships

between Federal agencies and funding

recipients.

In addition, OMB has been developing

more comprehensive guidance for assistance programs, as indicated by the recent circulars issued by the agency establishing uniform administrative requirements for hospitals, universities,

and nonprofit grantees. I am directing

OMB to continue to emphasize such activities.

Subsequent modifications and refinements can be made in these directives

when further operating experience and

evaluation suggest they are needed. Such

an evolving set of activities in the Executive branch, a step-by-step process which

learns from experience, is preferable to

another lengthy study as required by this

bill.

In view of the extremely complex and

changing nature of Federal assistance

programs, I believe that Congress should

not legislate categories of Federal assistance relationships, but leave the number

and nature of such classifications to the

Executive branch to determine and implement. If experience from the studies

and evaluations now underway demonstrates that legislation is reouired, that

experience would also provide a better

foundation for formulating legislation

than we have now.

Accordingly, I must withhold my approval of S. 1437.

S. 3553

MEMORANDUM OF DISAPPROVAL

I am withholding my approval from S.

3553, the Foreign Sovereign Immunities

Act of 1976, for technical reasons.

In its haste to adjourn, the Congress

passed identical Senate and House bills

on this subject. At the time the Senate

passed the House bill, H.R. 11315, it attempted to vacate its earlier passage of

S. 3553 but was unable to do so because it

had left the Senate's jurisdiction. The

House, unaware that the Senate had

passed the House bill, also passed the

Senate bill.

In view of the Senate's action in attempting to vacate its passage of S. 3553,

there is doubt that S. 3553 has been properly enrolled, and therefore I am separately approving H.R. 11315 and must

withhold my approval from S. 3553.

GERALD R. FORD.

THE WHITE HOUSE.

APPOINTMENT OF MEMBERS OF THE

COMMISSION ON POSTAL SERVICE

Pursuant to the provisions of section

7(a) (1) (B), Public Law 94-421, the

President pro tempore appointed as

members of the Commission on Postal

Service Mr. James H. Rademacher and

Ms. Rose Russell Blakely.

SENATE RESOLUTION 586-SUBMISSION OF A RESOLUTION REORGANIZING THE COMMITTEE SYSTEM

OF THE SENATE

(Referred to the Committee on Rules

and Administration.)

Under authority of the order of the

Senate of September 30, 1976, Mr. STEVENSON and Mr. BROCK (for themselves,

Mr. CRANSTON, Mr. DOLE, Mr. DOMENICI,

Mr. GRAVEL, Mr. HANSEN, Mr. HATFIELD,

Mr. HATHAWAY, Mr. METCALF, Mr. Moss,

Mr. NELSON, ana Mr. PACKWOOD) submitted the following resolution on October 15, 1976:

Resolved, That this resolution may be cited

as the "Committee System Reorganization

Amendments of 1977".

TITLE I-STANDING COMMITTEES JURISDICTION: SIZE

SEC. 101. Rule XXV of the Standing Rules

of the Senate is amended by striking out

paragraphs 1, 2, and 3 and inserting in lieu

thereof the following new paragraphs:

"1. The following standing committees

shall be appointed at the commencement of

each Congress, with leave to report by bill or

otherwise on matters within their respective

jurisdictions:

"(a) (1) Committee on Agriculture and

Small Business, to which committee shall be

referred all proposed legislation, messages,

petitions, memorials, and other matters relating primarily to the following subjects:

"1. Agriculture and agricultural commodities.

"2. Inspection of livestock, meat, and agricultural products.

"3. Animal industry and diseases.

"4. Pests and pesticides.

"5. Agricultural extension services and experiment stations.

"6. Forestry.

"7. Agricultural economics and research.

"8. Home economics.

"9. Plant industry, soils, and agricultural

engineering.

"10. Farm credit and farm security.

"11. Rural development, rural electrification, and watersheds.

"12. Agricultural production, marketing,

and stabilization of prices.

"13. Crop insurance and soil conservation.

"14. Human nutrition.

"15. School nutrition programs.

"16. Food stamp programs.

"17. Small business.

"18. Food from fresh waters and the sea.

"19. Irrigation and reclamation.

"20. Land-use planning.

"21. Regional economic development.

"(2) Such committee shall also study and

review, on a comprehensive basis, matters

relating to food, nutrition, and hunger, both

in the United States and in foreign countries, and all problems of American small

business enterprises and all facts possible

in relation thereto which would not only

be of public interest, but which would also

aid the Congress in enacting remedial legislation, and report thereon from time to time.

"(b) Committee on Appropriations, to

which committee shall be referred all proposed legislation, messages, petitions,

memorials, and other matters relating to the

following subjects:

"1. Except as provided in subparagraph

(e), appropriation of the revenue for the

support of the Government.

"2. Rescission of appropriations contained

in appropriation Acts (referred to in section

105 of title 1, United States Code).

"3. The amount of new spending authority

described in section 401(c) (2) (A) and (B)

of the Congressional Budget Act of 1974

provided in bills and resolutions referred to

the committee under section 401(b) (2 of

that Act (but subject to the provisions of

section 401(b) (3) of that Act). "4. New advance spending authority described in section 401(c) (2) (C) of the Congressional Budget Act of 1974 provided in

bills and resolutions referred to the committee under section 401(b) (2) of that Act

(but subject to the provisions of section

401(b) (3) of that Act).

"(c) (1) Committee on Armed Services, to

which committee shall be referred all proposed legislation, messages, petitions,

memorials, and other matters relating to

the following subjects:

"1. The common defense.

"2. The Department of Defense, the Department of the Army, the Department of the

Navy, and the Department of the Air Force,

generally.

3. Pay, promotion, retirement, and other

benefits and privileges of members of the

Armed Forces.

"4. Military research and development.

"5. Selective service system.

"5. Strategic and critical materials necessary for the common defense.

"7. Aeronautical and space activities

peculiar to or primarily associated with the

development of weapons systems or military

operations.

"8. Panama Canal Zone government.

"9. Foreign military sales (joint).

"10. National security aspects of atomic

energy.

"(2) Such committee shall also study and

review, on a comprehensive basis, matters relating to the common defense poUcy of the

United States, and report thereon from time

to time.

"(d) (1) Committee on Banking, Housing,

and Urban Affairs, to which committee shall

be referred all proposed legislation, messages,

petitions, memorials, and other matters relating to the following subjects:

-1. Banks, banking, and financial institutions.

"2. International finance, including international financial and monetary organizations.

"3. Financial aid to commerce and industry.

"4. Deposit insurance.

"5. Public and private housing (including

veterans' housing).

-6. Federal monetary policy, including Federal Reserve System.

"7. Money and credit, including currency

and coinage.

"8. Issuance and redemption of notes.

"9. Control of prices of commodities, rents,

and services.

"10. Urban development (except for urban

mass transit).

"11. Economic stabilization and defense

production.

"12. Export controls.

"13. Export and foreign trade promotion.

"14. Nursing home construction.

"(2) Such committee shall also study and

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