H.R. 6219 Amendment by Senator Bob Dole to amend the Voting Rights Act of 1965

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File Name (Dublin Core): s-leg_719_006_001
Title (Dublin Core): H.R. 6219 Amendment by Senator Bob Dole to amend the Voting Rights Act of 1965
Description (Dublin Core): An amendment proposed by Senator Bob Dole in July 1975 to H.R. 6219, to amend the Voting Rights Act of 1965, as well as the Congressional Record and Dole's remarks on the Senate floor about his proposed amendment.
Date (Dublin Core): 1975-07-23
Date Created (Dublin Core): 1975-07-23
Congress (Dublin Core): 94th (1975-1977)
Topics (Dublin Core): See all items with this value Suffrage
Policy Area (Curation): Civil Rights and Liberties, Minority Issues
Creator (Dublin Core): Dole, Robert J., 1923-2021
Record Type (Dublin Core): bills (legislative records)
Names (Dublin Core): See all items with this value United States. Act to amend the Voting Rights Act of 1965 to extend certain provisions for an additional seven years, to make permanent the ban against certain prerequisites to voting, and for other purposes
Rights (Dublin Core): http://rightsstatements.org/vocab/CNE/1.0/
Language (Dublin Core): eng
Collection Finding Aid (Dublin Core): https://dolearchivecollections.ku.edu/index.php?p=collections/findingaid&id=31&q=
Physical Location (Dublin Core): Collection 003, Box 719, Folder 6
Institution (Dublin Core): Robert J. Dole Institute of Politics, University of Kansas, Lawrence, KS
Archival Collection (Dublin Core): Robert J. Dole Senate Papers-Legislative Relations, 1969-1996
Full Text (Extract Text): (Page 1)
This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu
Calendar No. 170
94TH CONGRESS 1ST SESSION H. R. 6219
(line)
IN THE SENATE OF THE UNITED STATES
JULY 23 (legislative day, JULY 21), 1975 Ordered to lie on the table and to be printed
(line)
AMENDMENTS
Intended to be proposed by Mr. DOLE to H.R. 6219, an Act to amend the Voting Rights Act of 1965 to extend certain provisions for an additional ten years, to make permanent the ban against certain prerequisites to voting, and for other purposes, viz:
1 On page 15, line 20, strike out the word "before" and
2 insert in lieu thereof the word "after".
3 On line 21, strike out the word "voting" and insert in
4 lieu thereof the phrase "against discrimination in voting
5 on account of race, color, or membership in a language
6 minority".
Amdt. No. 801
(Page 2)
Amdt. No. 801
Calendar No. 170
94TH CONGRESS 1ST SESSION H. R. 6219
(line)
AMENDMENTS
Intended to be proposed by Mr. DOLE to H.R. 6219, an Act to amend the Voting Rights Act of 1965 to extend certain provisions for an additional ten years, to make permanent the ban against certain prerequisites to voting, and for other purposes.
JULY 23 (legislative day, JULY 21), 1975 Ordered to lie on the table and to be printed
(page 3)
July 23, 1975
ers Home Administration assistance in, say, funding water and sewer facilities, while they find it almost as impossible to secure HUD assistance. Under this legislation, they would at least have their prospective source of aid doubled.
Mr. ROBERT C. BYRD subsequently said: Mr. President, I ask unanimous consent that a bill introduced by Mr. ABOUREZK be referred jointly to the Committees on Agriculture and Forestry and Banking, Housing and Urban Affairs.
The PRESIDING OFFICER. Without objection, it is so ordered.
By Mr. STEVENS:
S.J. Res. 112. A joint resolution to designate the third week of September of each year as "National Medical Assistants' Week." Referred to the Committee on the Judiciary.
Mr. STEVENS. Mr. President, there is in this country a large group of unsung heroes in the medical profession without whose dedication the service and quality of medical care would be considerably diminished. Medical assistants are highly trained in the skills of their profession to provide the physician with timely information and assistance in order that diagnosis, treatment, and convalescence be expeditiously and accurately carried out. A physician's job would be an impossible task without the aid of the medical assistant.
Therefore, I introduce a Senate joint resolution to designate the third week of September of each year as "National Medical Assistants' Week." With respect to the invaluable services performed by medical assistants each day, 1 special week a year is certainly worthy to show our appreciation.
I ask unanimous consent that this resolution be printed in the RECORD immediately following my remarks.
There being no objection, the joint resolution was ordered to be printed in the RECORD, as follows:
S.J. RES. 112
Whereas medical assistants provide invaluable assistance to the physicians of this country; and
Whereas their services help to insure that adequate medical care is available for the citizens of this country; and
Whereas recognition should be given to the devotion with which these Individuals perform their duties: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the third week of September of each year is designated as "National Medical Assistants' Week"; and the President of the United States is authorized and requested to Issue a proclamation calling upon the people of the United States and interested groups and organizations to observe that week with appropriate ceremonies and activities.
ADDITIONAL COSPONSORS OF BILLS AND RESOLUTIONS
S. 3
At the request of Mr. KENNEDY, the Senator from Iowa (Mr. CULVER) was added as a cosponsor of S. 3, a bill to create a national system of health security.
CONGRESSIONAL RECORD -SENATE
S. 32
At the request of Mr. KENNEDY, the Senator from Idaho (Mr. CHURCH) was added as a cosponsor of S. 32, a bill to establish a framework for the formulation of national policy and priorities for science and technology, and for other purposes.
S. 388
At the request of Mr. CHURCH, the Senator from Mississippi (Mr. EASTLAND) was added as a cosponsor of S. 388, a bill to amend titles II, VII, XVI, XVIII, and XIX of the Social Security Act to provide for the administration of the old-age, survivors, and disability insurance program, the supplemental security income program, and the Medicare program by a newly established independent Social Security Administration, to separate social security trust fund items from the general Federal budget, to prohibit the mailing of certain notices with social security and supplemental security income benefit checks, and for other purposes.
S. 613
At the request of Mr. HATFIELD, the Senator from Colorado (Mr. HASKELL) was added as a cosponsor of S. 613, a bill to prohibit the introduction into interstate commerce of nonreturnable beverage containers, and for other purposes.
S. 1479
At the request of Mr. WILLIAMS, the Senator from Washington (Mr. JACKSON) was added as a cosponsor of S. 1479, a bill to protect the economic rights of labor in the building and construction industry.
S. 1711
At the request of Mr. CRANSTON, the Senator from Wyoming (Mr. McGEE) was added as a cosponsor of S. 1711, a bill to amend title 38, United States Code, to provide special pay and other improvements designed to enhance the recruitment and retention of physicians, dentists, nursing personnel, and other health care personnel in the Department of Medicine and Surgery of the Veterans' Administration, and for other purposes.
8. 1949
At the request of Mr. CURTIS, the Senator from Ohio (Mr. TAFT) was added as cosponsor of S. 1949, a bill to amend section 103 of the Internal Revenue Code of 1954.
S. 1992
At the request of Mr. CHURCH, the Senator from Massachusetts was added as a cosponsor of S. 1992, a bill to amend title II of the Social Security Act to re- vise the provisions relating to automatic cost-of-living increases in benefits, and for other purposes.
S. 2001
At the request of Mr. EAGLETON, the Senator from Florida (Mr. STONE) was added as a cosponsor of S. 2001, a bill to amend title II of the Social Security Act to reduce from 20 to 10 years the period of time a divorced woman's marriage to an individual must have lasted for her to qualify for wife's or widow's benefits
S 13425
on the basis of the wages and self-employment income of such individual.
S. RES. 67
At the request of Mr. TAFT, the Senator from Minnesota (Mr. MONDALE) was added as a cosponsor of Senate Resolution 67, concerning the safety and freedom of Valentyn Moroz, Ukrainian historian.
S. CON. RES. 29
At the request of Mr. CURTIS, the Senator from Connecticut (Mr. WEICKER) was added as a cosponsor of Senate Concurrent Resolution 29, expressing the sense of the Congress regarding the annexation of the Baltic nations.
S. CON. RES. 50
At the request of Mr. CASE, the Senator from California (Mr. TUNNEY) was added as a cosponsor of Senate Concurrent Resolution 50, relating to arms sales to Jordan.
SENATE RESOLUTION 217-ORIGINAL RESOLUTION REPORTED PERMITTING A PHOTOGRAPH OF THE SENATE IN SESSION
(Placed on the calendar.)
Mr. CANNON, from the Committee on Rules and Administration, reported the following original resolution:
S. RES. 217
Resolved, That rule IV of the Rules for the Regulation of the Senate Wing of the United States Capitol (prohibiting the taking of pictures in the Senate Chamber) be temporarily suspended for the sole and specific purpose of permitting the United States Capitol Historical Society to photograph the United States Senate in actual session.
SEC. 2. The Sergeant at Arms of the Senate is authorized and directed to make the necessary arrangements therefor, which arrangements shall provide for a minimum of disruption to Senate proceedings.
AMENDMENTS SUBMITTED FOR PRINTING
VOTING RIGHTS ACT EXTENSION- H.R. 6219
AMENDMENTS NOS. 758 AND 759
(Ordered to lie on the table.)
Mr. ALLEN submitted two amendments intended to be proposed by him to the bill (H.R. 6219) to amend the Voting Rights Act of 1965 to extend certain provisions for an additional 10 years, to make permanent the ban against certain prerequisites to voting, and for other purposes.
AMENDMENT NO. 760
(Ordered to lie on the table.)
Mr. DOMENICI submitted an amendment intended to be proposed by him to the bill (H.R. 6219), supra.
AMENDMENT NO. 761
(Ordered to be printed and to lie on the table.)
Mr. MORGAN submitted an amendment intended to be proposed by him to the bill (H.R. 6219), supra.
AMENDMENTS NOS. 762 THROUGH 765
(Ordered to be printed and to lie on the table.)
(page 4)
S 13426
Mr. ALLEN submitted four amendments intended to be proposed by him to the bill (H.R. 6219), supra.
AMENDMENTS NOS. 766 THROUGH 774
(Ordered to be printed and to lie on the table.)
Mr. WILLIAM L. SCOTT submitted nine amendments intended to be proposed by him to the bill (H.R. 6219), supra.
AMENDMENT NO. 775
(Ordered to be printed and to lie on the table.)
Mr. STONE (for himself, Mr. NUNN and Mr. CHILES) submitted an amendment intended to be proposed by them, jointly, to the bill (H.R. 6219), supra.
AMENDMENT NO. 776
(Ordered to be printed and to lie on the table.)
Mr. STENNIS (for himself, Mr. TALMADGE and Mr. NUNN) submitted an amendment intended to be proposed by them, jointly, to the bill (H.R. 6219), supra.
AMENDMENT NO. 777
(Ordered to be printed and to lie on the table.)
Mr. NUNN submitted an amendment intended to be proposed by him to the bill (H.R. 6219) , supra.
AMENDMENTS NOS. 778 THROUGH 789
(Ordered to be printed and to lie on the table.)
Mr. STEVENS submitted 12 amendments intended to be proposed by him to the bill (H.R. 6219) , supra.
AMENDMENT NO. 790
(Ordered to be printed and to lie on the table.)
Mr. TOWER (for himself and Mr. FANNIN) submitted an amendment intended to be proposed by them, jointly, to the bill (H.R. 6219), supra.
AMENDMENT NO. 791
(Ordered to be printed and to lie on the table.)
Mr. STONE (for himself and Mr. CHILES) submitted an amendment intended to be proposed by them, jointly, to the bill (H.R. 6219), supra.
AMENDMENT NO. 792
(Ordered to be printed and to lie on the table.)
Mr. THURMOND submitted an amendment intended to be proposed by him to the bill (H.R. 6219), supra.
AMENDMENT NO. 801
(Ordered to be printed and to lie on the table.)
Mr. DOLE submitted an amendment intended to be proposed by him to the bill (H.R. 6219) , supra.
Mr. DOLE. Mr. President, during our consideration of the Voting Rights Act Extension, I intend to offer an amendment which would better clarify the scope of H.R. 6219 as it relates to potential litigation under the 14th amendment.
CONGRESSIONAL RECORD - SENATE
The language I propose would make certain that any suits for relief under section 3 of the act which are based on the 14th amendment be racial in origin.
This would, I believe, be totally consistent with the purpose and intent of the legislation, while at the same time serve to eliminate the possibility of 14th amendment complaints which are not truly relevant.
In my view, we should continually seek to be more definitive in our drafting- thereby leaving less to interpretation by both the courts and the executive branch.
The minor refinement which my amendment contemplates would accomplish exactly that objective without either strengthening or weakening the scope of the overall act.
Mr. President, I ask unanimous consent that this amendment be printed in the RECORD.
There being no objection, the amendment was ordered to be printed in the RECORD, as follows:
On page 15, line 20, strike out the word "before" and insert in lieu thereof the word "after": on line 21, strike out the word "voting" and insert in lieu thereof the phrase: "against discrimination in voting on account of race, color, or membership in a language minority."
AMENDMENT NO. 802
(Ordered to be printed and to lie on the table.)
Mr. DOLE submitted an amendment intended to be proposed by him to the bill (H.R. 6219), supra.
AMENDMENT NO. 803
(Ordered to be printed and to lie on the table.)
Mr. ROBERT C. BYRD submitted an amendment intended to be proposed by him to the bill (H.R. 6219) , supra.
AMENDMENT NO. 804
(Ordered to be printed and to lie on the table.)
Mr. LONG submitted an amendment intended to be proposed by him to the bill (H.R. 6219), supra.
AMENDMENTS NOS. 805 AND 806
(Ordered to be printed and to lie on the table.)
Mr. ALLEN submitted two amendments intended to be proposed by him to the bill (H.R. 6219), supra.
VOTING RIGHTS ACT EXTENSION- S. 1279
AMENDMENTS NO. 793 THROUGH 800
(Ordered to be printed and to lie on the table.)
Mr. WILLIAM L. SCOTT submitted eight amendments intended to be pro- posed by him to the bill (S. 1279) to amend the Voting Rights Act of 1965 to provide a new test for releasing States and political subdivisions from the provisions of section 4 of that act, and for other purposes.
July 23, 1975
THE NATURAL GAS PRODUCTION AND CONSERVATION ACT-S. 692
AMENDMENT NO. 807
(Ordered to be printed and to lie on the table.)
Mr. HELMS. Mr. President, I am today submitting to be printed an amendment to S. 692, the Natural Gas Production and Conservation Act. This amendment contains the text of S. 504, the Natural Gas Emergency Purchase Act, which I introduced last January.
THE NEED
Congress has before it many proposals to try to solve the energy supply problems in the United States. There are many views, many of them conflicting, about what is to be done. This is particularly so with regard to increasing the supply of natural gas to the consuming States where no supply is available within the State or offshore.
But even if we resolve these conflicting views immediately, there will be a time lag before new wells can be drilled and brought into production.
Meanwhile, as everyone knows, the winter season is rapidly approaching, and we will soon be faced with an emergency situation in which natural gas pipeline transmission companies will be going deeper and deeper into curtailment. Some pipelines will undoubtedly be curtailing more than others because their supplies will go down faster; some of the local distribution companies which buy their gas from the transmission companies will be curtailed more than others because of the end use to which the gas they sell is ultimately put. Instead of curtailing all users on a pro rata basis, the Federal Power Commission requires curtailment according to a set of priorities based on the end use and the availability of other forms of energy.
The situation of last winter provides a mild illustration of what we can expect this coming fall and winter. At that time North Carolina, which is served solely by the Transcontinental Pipeline Corp .- Transco-was suffering a curtailment of 42.95 percent. That created an energy shortage which went far beyond anything that alternate fuels or energetic conservation programs could correct. And, since North Carolina's industrial base has been created in the past 20 years around Transco's pipeline, there was an imminent danger of plant closings, a stoppage in production, and the like. A very important fertilizer plant at Tunis, N.C., was actually forced to close for a while. This plant produces vital fertilizer for agriculture throughout the Southeastern United States. Thus, people in other States who depend on North Carolina products were also threatened with shutdowns. More importantly, pay- rolls were threatened by plant layoffs.
Of course, North Carolina was not the only State that was sharply affected by
(page 5)
United States Senate
MEMORANDUM 7-23-75
Senator:
This amendment has been discussed with Tunney's staff man.
Normally, it would be acceptable were it not for his aversion to taking any amendments whatsoever.
He would be happy to have you call it up, however, and engage in a colloquy in which he would express his agreement with the purpose of the change and thereby clarify the intent of the existing provision.
We have a more comprehensive floor statement prepared with the assistance of the Justice Department. (Being typed.)
The attached explanation is for printing in the Record -- in the event the bill is not finished today.
Kom B.
(Page 6)
Mr. Dole. Mr. President, I call up an amendment which I have at the desk and ask for its immediate consideration.
Mr. Dole. Mr. President, the amendment which I am proposing is, for the most part, technical in nature and would simply clarify the new provisions of the Voting Rights Act relative to the 14th Amendment.
As the House bill now reads, Section 3 of the present Act would be amended to define the word "guarantees" as meaning "voting guarantees." However, I think we need to be even more specific than that in order to avoid a lot of Federal Court litigation which -- while within the broad scope of the 14th Amendment -- is not really contemplated by this legislation.
To accomplish this, it seems to me highly desirable that we adopt language which will insure that any suits brought under the 14th Amendment will be racial in origin. My amendment will do just that without in any way conflicting with the overall purpose and intent of H.R. 6219.
As an example of what could happen without this change, I should note that Section 3 of the 1965 Act allows the Attorney General, in an action to enforce the 15th Amendment, to request that the District Court invoke the special remedies of the Act -- including the use of Federal examiners and observers. Moreover, the preclearance of voting changes (sections 205, 401, and 410) of H.R. 6219, in conjunction with amended Section 3, would allow an aggrieved person suing to enforce the voting guarantees of either the 14th or 15th amendments to request that the District Court invoke these remedies under Section 3.
(Page 7)
- 2 -
I believe Assistant Attorney General J. Stanley Pottinger pointed out in his testimony before the Senate Judiciary Subcommittee that these sections, taken in conjunction, might be overly-broad. This concern was based on the observation that 14th Amendment suits alleging violations of voting rights could be brought under many different circumstances some of which involve racial discrimination, but others of which involve a variety of other kinds of equal protection.
A good illustration of this would be suits brought to enforce the doctrine of "one-man, one-vote," and based upon the 14th Amendment. A suit challenging a state's failure to provide voting assistance to the handicapped would also be based on the 14th Amendment -- even though not within the intended scope of either the original or the amended Voting Rights Law.
Under the language of Section 3 as it is modified by the House bill, plaintiffs in these kinds of 14th Amendment voting actions could seek the remedies of the Voting Rights Act -- which again include the submission of voting changes and the use of Federal examiners and observers. Certainly, we should act now to avoid those possibilities.
The remedies of the Voting Rights Act are stringent indeed, as the Supreme Court pointed out in South Carolina vs. Katzenbach. Therefore, the Congress should not -- and I do not think the House intended to -- open the door for litigants to seek these remedies in all 14th Amendment voting cases.
(page 8)
- 3 -
The right of private persons to seek Section 3 remedies should in my opinion be limited to those categories of suits which the Voting Rights Act itself is intended to reach; that is, discrimination in voting on account of race or color or against persons who are members of a language minority as defined by the Act. This amendment achieves that objective.
I think it is important to assure my colleagues that the change would in no way affect the right of an aggrieved person who has been discriminated against because of his race, color, or membership in a language minority to seek Section 3 remedies. It would merely preclude individuals who allege other, non-racial or non-ethnic forms of voting discrimination from pursuing the extensive relief provided in Section 3.
It is my understanding that the distinguished floor manager (Mr. Tunney) is aware of this amendment and can appreciate the potential difficulties which it is designed to resolve. I would hope he might welcome it as a desirable refinement in H.R. 6219 as presently constructed, and support it accordingly.
Anything we can do to improve the effectiveness and administration of the Voting Rights Act should be a priority matter. Similarly, anything we can do to be more definitive in the drafting of our legislation -- thereby leaving less to interpretation by both the Courts and the Executive branch -- should be our mutual policy.
Mr. President, I yield to the Senator from California for his comments on this proposal.
(page 9)
#801
Mr. Dole. Mr. President, I call up an unprinted amendment which I have at the desk and ask for its immediate consideration.
Mr. Dole. Mr. President, the amendment which I am proposing is, for the most part, technical in nature and would simply clarify the new provisions of the Voting Rights Act relative to the 14th Amendment.
As the House bill now reads, Section 3 of the present Act would be amended to define the word "guarantees" as meaning "voting guarantees." However, I think we need to be even more specific than that in order to avoid a lot of Federal Court litigation which -- while within the broad scope of the 14th Amendment -- is not really contemplated by this legislation.
To accomplish this, it seems to me highly desirable that we adopt language which will insure that any suits brought under the 14th Amendment will be racial in origin. My amendment will do just that without in any way conflicting with the overall purpose and intent of H.R. 6219.
As an example of what could happen without this change, I should note that Section 3 of the 1965 Act allows the Attorney General, in an action to enforce the 15th Amendment, to request that the District Court invoke the special remedies of the Act -- including the use of Federal examiners and observers. Moreover, the preclearance of voting changes (sections 205, 401, and 410) of H.R. 6219, in conjunction with amended Section 3, would allow an aggrieved person suing to enforce the voting guarantees of either the 14th or 15th amendments to request that the District Court invoke these remedies under Section 3.
(Page 10)
- 2 -
I believe Assistant Attorney General J. Stanley Pottinger pointed out in his testimony before the Senate Judiciary Subcommittee that these sections, taken in conjunction, might be overly-broad. This concern was based on the observation that 14th Amendment suits alleging violations of voting rights could be brought under many different circumstances="some of which involve racial discrimination, but others of which involve a variety of other kinds of equal protection.
A good illustration of this would be suits brought to enforce the doctrine of "one-man, one-vote," i.e. , reapportionment cases and based upon the 14th Amendment. A suit challenging a state's failure to provide voting assistance to the handicapped would also be based on the 14th Amendment -- even though not within the intended scope of either the original or the amended Voting Rights Law.
Under the language of Section 3 as it is modified by the House bill, plaintiffs in these kinds of 14th Amendment voting actions could seek the remedies of the Voting Rights Act -- which again include the submission of voting changes and the use of Federal examiners and observers. Certainly, we should act now to avoid those possibilities.
The remedies of the Voting Rights Act are stringent indeed, as the Supreme Court pointed out in South Carolina vs. Katzenbach. Therefore, the Congress should not -- and I do not think the House intended to -- open the door for litigants to seek these remedies in all 14th Amendment voting cases.
(Page 11)
- 3 -
The right of private persons to seek Section 3 remedies should in my opinion be limited to those categories of suits which the Voting Rights Act itself is intended to reach; that is, discrimination in voting on account of race or color or against persons who are members of a language minority as defined by the Act. This amendment achieves that objective.
I think it is important to assure my colleagues that the change would in no way affect the right of an aggrieved person who has been discriminated against because of his race, color, or membership in a language minority to seek Section 3 remedies. It would merely preclude individuals who allege other, non-racial or non-ethnic forms of voting discrimination from pursuing the extensive relief provided in Section 3.
It is my understanding that the distinguished floor manager (Mr. Tunney) is aware of this amendment and can appreciate the potential difficulties which it is designed to resolve. I would hope he might welcome it as a desirable refinement in H.R. 6219 as presently constructed, and support it accordingly.
Anything we can do to improve the effectiveness and administration of the Voting Rights Act should be a priority matter. Similarly, anything we can do to be more definitive in the drafting of our legislation -- thereby leaving less to interpretation by both the Courts and the Executive branch -- should be our mutual policy.
Mr. President, I yield to the Senator from California for his comments on this proposal.
(Page 12)
94th CONGRESS 1s.t .. SESSION
S. H. R. 6219
IN THE SENATE OF THE UNITED STATES
July 23, 1975
Ordered to lie on the table and to be printed.
AMENDMENT
Intended to be proposed by Mr. Dole (Insert title of bill below) to S.
a bill
H.R. 6219 an Act to amend the Voting Rights Act of 1965 to extend certain provisions for an additional ten years, to make permanent the ban against certain prerequisites to voting, and for other purposes.
viz: On page 15, line 20, : strike out the word "before" and insert in lieu thereof the word "after"; on line 21, strike out the word "voting" and insert in lieu thereof the phrase: "against discrimination in voting on account of race, color, or membership in a language minority."
Amdt. No.

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