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h y~i 6 RFF {~~~pp~~~ gREE ppggRSENATE 21847 86 ArRefease 2004103705 G0*E 00 468000500280014-2 any educational, research, cultural, athletic, VI of the Civil Rights Act. The Department There being no Objection, the material recreational, social, or other program or ac- wil l issue shortly more detailed Instructions was ordered to be printed in the RECORD, tivity, the performance evaluation, disci- on carrying out this phase of the regulation. as follows: plane, counseling of students; making avail- 14, What obligations does the applicant Ersxcr or W CEONNER AMEND MENT TO II.R. able to students any housing, eating, health, have to keep records and to make them avail- 9567 ON T 00 VI or ME TS Acs or recreational service; affording work op- able to the Department? portunities, or scholarship, loan or other fi- A. From time to time, applicants may On August 26, 1965, immediately before nancial assistance to students; and making be required to submit reports to the Depart- Passage of an. 9567, the proposed Higher Ed- available for the use of students any build- ment, and the regulation provides that the ucation Act of 1965, Mr. WAacoNNEE proposed ing, room, space, materials; equipment, or facilities of the applicant and all records, an amendment to section 604 (sec. 7041n the other facility or property. books, accounts, and other sources of infor- bill as reported by the Committee on Educa- 9. Does the assurance of nondiscrimination mation pertinent to the applicant's com- tion and Labor), which was accepted by Mr. apply to the entire operation of an institu- pliance with the regulation be made available POWELL, the committee chairman, and agreed tion? for Inspection during normal business house to by the House. The section, as amended, A. Insofar as the assurance given by the on request of an officer or employee of the reads as follows (new material in italics) : applicant relates to the admission or other Department specifically authorized to make "SEC. 604. Nothing contained in this Act treatment of individuals as students, pa- such ingpectlons. More detailed instructions or any other Act shall be construed to au- tients, or clients of an institution of higher In this regard will also be forthcoming from thorize any department, agency, officer, or education, a school, hospital, nursing home, the Department In the near future. employee of the United States to exercise any center, or other institution owned or oper- 15. Must separate assurance forms be filed direction, supervision, or control over the ated by the applicant, or to the opportunity with each application? curriculum, program of instruction, admin- to participate in the provision of services, A. As a general rule once a valid as- istration, or personnel of any educational in- financial aid, or other benefits to such rode- durance is given it will apply to any further stitution, or over the selection of library re- viduals, the assurance applies to the entire application as long as there is no indication sources by any education institution; or the institution. In the case of a public school of a failure to comply. membership practices or internal operations system the assurance would be applicable A,Iy. MORSE. Mr. President, the Wag- of any fraternal organization, fraternity, or to all of the elementary or secondary schools Sorority, any private club or any religious or- operated by the applicant. gonner amendment has caused grave ganization of any institution of higher edu- Yat about a university which operates teconcern legramtI have received ast indicative i of cation." Mr. WAacoxwER stated that the purpose of several l campuses? A. Section 60.4(d) (2) of the regulation that concern: the amendment is to make clear that Con- provides for a more limited assurance only PALO ALTO, CALIF., gress did not Intend the Cavil Rights Act to where an institution can demonstrate that August 30, 1965. be applied in such a manner as to interfere the practices in part of its operation in no Hon. WAYNE MORSE, with the membership practices or internal way affect Its practice in the program for Senate Office Building, operations of fraternal or social organizations which It seeks Federal funds. This would be Washington, D.C.: or to authorize withholding of Federal assist- a rare case, DEAR SENATOR MORSE: According to Now anee of any kind on such basis (111 CONGERS- 11. If an applicant intends to make use of York Times dispatch in the San Jose Mercury, 5IONAL REcosu, 21129). other individuals to help carry out the fed- the higher education bill as passed by the The language of the amended section, how- erally assisted program, does the require- House Includes an amendment by Repre- ever, appears to go far beyond Mr. WAceox- ment not to discriminate apply to such sub- sentative JOE WA000nxzR, Louisiana Demo- sER's announced intention. If nothing con- grantee or contractor. crat, exempting college fraternities from title tained In any act of Congress shall be con- A. It does. The applicant must require any 6 of the Civil Rights Act of 1964. strued to authorize any department, agency, ipdividual, organization, or other entity The Mercury quotes Representative ADAM officer, or employee of the United States to which it utilizes, to which it subgrants, or CLAYTON POWELL Indirectly as Baying he has exercise any direction, supervision, or control with which it contracts or otherwise arranges no official concern with discrimination of over the curriculum, program of instruction, to provide services, financial aid, or other private groups, especially when they receive administration, or personnel of any educa- benefits under, or to assist it in the conduct no public funds; the facts are: (1) several tional institution, which is what the amend- of, any program receiving Federal financial colleges and universities now allocate Fed- ed language literally states, it can plausibly assistance extended to the applicant by the eral loan funds for student housing to con- be argued that all educational Institutions. Department, or with which it contracts or struction of college owned fraternity facili- from kindergartens to universities, are ex- otherwise arranges for the use of any facility ties; (2) fraternities receive tangible and In- empted from all Federal legislation and Ex- provided with the aid of Federal financial as- tangible benefits in varying degrees from the ecutive orders of general applicability affect- sistance for a purpose for which the Federal moment they are recognized by a college or Ing their operations, such as, for example, financial assistance was extended, to comply a university; (3) this amendment would be those Imposing wage-and-hours requirements fully with title VI of the Civil Rights Act of the first real break in the type ban against and nondiscrimination In employment under 1964 and the regulation of the Department discrimination on campus provided by the Federal contracts. of Health, Education, and Welfare Issued Health, Education, and Welfare regulations Whatever may be Said as to such other thereunder. issued under title 6 with White House ap- acts, the sponsor's remarks make it clear that 12. Must this assiii'ance of nondiscrimina- proval. the insertion of the words "or any other tion by the subgrantee, etc., be in writing? Passage of the Waggonner amendment Act" was specifically Intended to refer to A. In the case (1) of any' contractual or would seriously undermine current efforts title VI of the Civil Rights Act. If all of the other arrangement with another such Indi- to end racial discrimination by fraternities amendment had followed the original see- vidual or entity which will continue for an through joint action of undergraduates and tion 704, BE as to read: "Neither this Act nor indefinite period or for a period of more than their universities. It is specifically designed any other Act Shall be construed to authdr- 8 months, (2) of any subgrant, or (3) of to nullify the strong, straightforward stand ire ? ? ? any Control over the membership any conveyance, lease, or other transfer of taken by Education Commissioner Francis practices or internal operations of any fm- any real property or structures thereon pro- Keppel n response to the suspension of the ternal organization ? ?,' then only the vided with the aid of Federal financial as- Stanford chapter of Sigma Chi by Its national Sponsor's Intention, as announced in the sistance extended to the applicant by the fraternity, as described on pages 14906 and debate, would have been carried out. But Department, the applicant shall obtain from 14907 of the CONORESaroNAL RECORD for July the words "or any other Act" are inserted in the first such other person, subgrantee, or transferee, 1, 1965. first line, so that the section reads. an agreement, in writing, enforceable by the As a life member of Sigma Chi, I hope you In effect: applicant and by the United States, that such and your fellow committee members will "Nothing contained in this Act or the Civil other Individual or entity, subgrantee, or block passage of the Waggoner amendment Rights Act of 1964 shall be construed to transferee will carry 'out Its functions under and then kill it in conference with the House authorize any department ? ? ? to exercise such subgrant, or contractual or other ar- it would be the height of irony and shame any direction, supervision, or Control over rangement, or will use the transferred prop- for the Federal Government to condone racial the curriculum, program of inatruction, ad- ministration, or personnel of any educational arty, as the case may be, in accordance with discrimination in any form on college cam- institution." title VI of the act and the regulation will pules when students, civil rights workers, The plain language would seem to exempt otherwise compley herewith. and other citizens risk their lives ever da 13. What obligations does the applicant for the cause of equality. all educational avv titntlons M Well as feeler- .have to Inform beneficiaries, participants, ROBERT W. BEYERS. miles from title VI Coverage. and others of the provisions of the PORTOLA VALLEY, CALIF. Bible EeOb ith respect pr otection, ithe ii Was ceten- regulations I have some other material which raises amendment sceti based c maWELL on & beneflclarles, parti must participants, and other inter- questions as to the danger of the pro- Sion. in accepting It, chairman POWELL ested persons Information regarding thepro- posed amendment that I ask unanimous stated: withholding do not believe that there should be my visions of the regulation and protections Consent to have printed -at this point in against discrimination provided under title the RECORD. Approved Yor Release 2004/05/05 : IIO SATE September 2, 1965 of bigher education because of dlserlmina- WASHINGTON, D.C.. tive, rather than to refer to private Tory practices on the campus by private September 2, 1965. funds? clubs" (111 CONGRESSrONAL RECORD, 21130). Hon. WAYNE MORSE, Mr. ERVIN. That is what the amend- Discrimination by fraternities might con- U.S. Senate, stitute a violation of title VI CC the Civil Washington, D.C.: volved In the question, for instance, that, Rights Act requirements. This opinion is We urge that the Senate defeat the Wag- If I am drawing a salary from the Federal based on research showing, among other gonner amendment If It Is offered to the Government, and have a son in a things, that at least half of all college with higher education bill. This amendment was fraternity, and pay his expenses or his fraternities have a significant connection accepted by the House In what appears to be fraternity dues out of the salary which with fraternity housing, In many cases own- a complete misunderstanding of the build-in I receive from the Federal Government, lag the. fraternity buildings. In some cases mischief it Contains. We have received calls those funds may be covered because in-have Federal fraternity h housing been from der important universities pointing out directly Federal funds were used. Y In sueh instan es that u e, ggonncr amendment It the Waggonner amendment would authorize would be possible to use U.S. Government Mr. MORSE. If the amendment reinstatement of the separate-but-equal funds to build and operate racially segre- means this, we ought to be willing to say doctrine, by permitting universities to as- gated facilities on university-owned grounds it. If the activities are not financed di- sign all dormitory space to fraternities with at institutions that do not now and never rectly or indirectly by public funds, we various racially restrictive admission policies. have tolerated racial discrimination in any ought to say it, form. It appears that the real intention of Mr. ERVIN. Mr. President, I am a Mr. MORSE. Mr. President, t call its sponsor is to whittle down the effect of Senator. I draw Federal funds. the attention of the Senator from Illinois title VI of the 1964 Civil Rights Act. It Is If my son has entered a college and [Mr, DmnxsENj and the Senator from reported that the amendment will be offered New York [Mr. JAViTs] tq the fact that, in the Senate by Senator RUSSELL LONG of joined a fraternity and I pay his frater- although this bill passed in the House Louisiana. We hope It will be defeated nity dues, that fraternity would, Indi- with the Waggonner amendment in it by whether offered by him or anyone else. rectly, perhaps, be getting Federal funds. an overwhelming majority, let us face it. CLARENCE MITCHELL, Mr. MORSE. I think my friend, great A great many Members of the House did Director, jurist that he is, knows that would not not know anythingabout the Waggonner Washington Bureau, NAACP. follow at all. This language deals with amendment. We are all familiar with There has been some talk about the funds being spent by the Federal Gov- that in the legislative process. The relationship Of Universities to fraternities ernment in the facilities of a fraternal amendment is in the bill and many and sororities. Each one to his own sorority or fraternity on a given campus. Members are now waking up to the sur- View. I would not want my statement to I call attention to the fact that the prise that it is in there. close this afternoon if I did not point senator from New York [Mr. JAVITS], a The Senator from Illinois implied- rout that I think there is a place for social Member of my committee-and i am go- and I' believe correctly so-that there fraternities and sororities on campus, ing to oblige members of my committee- may be some change in views in the but there is not a place for social fro- suggested a short quorum call for a quick House. Since the debate started, I re- ternities and sororities on campuses conference on the matter. After that ceived a note from -a member of the based upon a public policy inconsistent quorum call I will tell the Senate what House committee, who undoubtedly will With the Civil Rights Act. I propose. be a conferee, and who is very much con- That is my personal opinion. I want What I would like to see done first is cerned about what we do in the Senate the RECORD to show that. I believe that have a record made. I would prefer to on this amendment, fraternities and sororities do not have to have the Senator withdraw his amend- I read a part of it without disclosing comply with what Is considered to be the ment. The issue will be in conference, any Identity: policy set forth in the Civil Rights Act. anyway. We can modify the language Attached you will find the amendment of- However, I do not want to be a party to In any way that we want and modify it feed by Mr. WAGGONNER. We have been ad- any amendment that would permit a in conference, and merely go to confer- vised that several adjustments will have to single cent from Federal taxpayers' ence on the basis of the decision made be made in conference to bring the language money to be spent In furthering a social at the committee level, and In that way in line with the intent of the amendment fraternity or sorority that discriminates not take action on the matter here but and the Civil Rights Act. We have been because of race, color, or creed. I be- go tq conference. I would prefer to have advised that the proponents of the amend- tieve that we are pretty much in agree- the Senator withdraw his amendment ment are willing to consider such suggestion. ment on that point in the Senate. This matter will be in conference. a then itliwould bel possible in conferee ei to The former Attorney General of the Mr. DIRKSEN. Mr. _ President, the rewrite the amendment since it would be a United States and now a member of my amendment will not be withdrawn. I more restrictive provision than in the pres- Subcommittee the junior Senator from do not think it needs further refinement. ent House bill, and thus between our version New York [Mr. KENNEDY I, on whom Frankly, I am prepared to vote. and any version offered by the Senate, we I have leaned very heavily throughout Mr. MORSE. Mr. President, I suggest would be able to work out an acceptable the discussion and consideration of this the absence of a quorum. provision. As I said to you last night, "If _ligher education bill, makes a suggestion you have to have an amendment, don't take that I would like to have considered. It The PRESIDING OFFICER. The the Waggonner amendment." :.s to the effect that, instead of the Ian- clerk will call the roll. It is very easy to give the chairman of image proposed by way of an addendum The legislative. clerk proceeded to call the committee such gratuitous Instruc- by the Senator from North Carolina, the roll. tions. However, I want the Senate to this language be woven Into the amend- Mr. MANSFIELD. Mr. President, I know this afternoon, before we come to ment: ask unanimous consent that the order a decision, that I shall not conceal any- And whose activities are not financed di- for the quorum call be rescinded. thing from the Senate. Some Senators iectly or indirectly by public funds. The PRESIDING OFFICER. With- have already received telegrams, and out ob' tfon, It is so ordered. know of the that Has the Senator from North Carolina agitation this i l ad y re s a ates t ri I snail put the telegram in the RECORD. .. Mr. ER is what the amend- TARY OF TIIjT~ EASURY TO RE- o Tha I shall not keep it from any Senator or Inept does now.'.. LIEVE APPW S FROM CER- from the public. Mr. MORSE. That is what the Sell- TAIN PROVISIONS OF THE FED- This is from Clarence Mitchell, direc- etor from Rhode Island [Mr. PASTORE] ERAL FIREARMS ACT tor of the Washington bureau of the Na- chat I have said. However, the reply of Mr. MANSFIELD. Mr. President, I tional Association for the Advancement the junior Senator from New York is ask unanimous consent that the pending of Colored People. that if It means that, what objection business be laid aside for a minute or It reads: would we have to putting it in the nega- two, and that the Senate turn to the Set r 2 L96 SSIp A~ J%PRD - SENATE 21849 p~ovetl Forelease 2004705705:CIARDP67B00446R000500280014-2 consideration of Calendar No. 648, H.R. sas, a concurrent resolution which, if day, in addition to declaring once again d States f th it ti U i 9570. passed, will put the Congress on record The PRESIDING OFFICER. The bill for this policy. will be stated by title. We consider our neighbors to the The LEGISLATIVE CLERIC. A bill (HR south to be our partners-the era of the 9570) to amend the Federal Firearms "good neighbor" or F.D.R.'s day has been Act to authorize the Secretary of the succeeded by the era of the "good part- Treasury to relieve applicants from cer- ner," or "buen socio." Yet, it is felt tain provisions of the Act if he deter- in many quarters in Latin America that mines that the granting of relief would when the United States moved Into the not be contrary to the public interest, Dominican Republic, we breached that and that the applicant would not be' policy and entered upon a new policy likely to conduct his operations in an which Latin America is now trying to unlawful manner. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? There being no objection, the Senate proceeded to consider the bill. Mr. MANSFIELD. Mr. President, I ask unanimous consent that an expla- nation of the bill may be printed in the RECORD prior to passage of the bill. There being no objection, the extract (Rept. No. 666) was ordered to be printed in the RECORD, as follows: PURPOSE The purpose of the bill into amend the Federal Firearms Act to authorize the Secre- tary of the Treasury to relieve applicants from certain provisions of the act If he de- termines that the granting of relief would not be contrary to Public interest and that the applicant would not be likely to con- duct his operations in an unlawful manner. ? The PRESIDING OFFICER. The bill is open to amendment. If there be no amendment to be proposed, the question is on the third reading and passage of the bill. The bill was ordered to a third read- ing, read the third time, and passed. Mr. DIRKSEN. Mr. President, I move to reconsider the vote by which the bill was passed. Mr. MANSFIELD. Mr.' President, I move to lay that motion on the table. The motion to lay on the table was agreed to. ORDER OF BUSIIlESS Mr. MANSFIELD. Mr. President, I suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The 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. With- out objection, It Is so ordered. JAVITS AND CARLSON RESOLUTION URGES STRENGTHENING OF IN- TER-AMERICAN SYSTEM Mr. JAVITS. Mr, President, in the wake of the crisis in the Dominican Re- publica country we now hope is on the road to democratic stabilization- one fact has become palpfully clear: - The interest of the nations of the Amer- leas is in collective. responsibility and Collective action for the accelerated de- velopment of the hemisphere in a pro- gressive democratic framework. There- fore, I am introducing today, on behalf of myself and Senator CARLSON, of Kan- fathom. And there has been consider- able talk in Latin America recently about the need for "independence" from the United States. President Frei, of Chile, and other leaders who agree with him do not speak to unresponsive ears in the United States when they assert that the inter-American system cannot be based upon U.S. hegemony-with which I feel the American people agree-or when they suggest that Western Europe become, as it has already, particularly through ADELA, which I initiated, more interested in Latin American develop- ment-which I feel the people of the United States also believe to be desir- able. But Latin America cannot at the same moment look to us for the main resources needed for its accelerated de- velopment and for its security without recognizing our mutual importance to each other; just as the nations of Latin America are to be equal partners with us, so we are to be equal partners with them too. Latin Americans must be offered a choice which is attractive to them, as well as to the United States and Canada. This choice must be increasing participa- tion in the great decisions of the hem- isphere-political, economic and social, and military. And, it is also high time to bring ac- tively into the inter-American family of nations our great partner to the north, Canada. In trade, national power and world responsibility, Canada belongs in the inter-American system, which is not complete without it. A prime objective of the diplomacy of the United States and every other country of the Ameri- cas should be to invite Canada to take the seat awaiting it in the Organization of American States. In many ways we have recognized that, over the long term, the economic devel- opment and social progress of Latin America will enrich the lives, increase the security, and contribute to the po- litical stability of the people of the Amer- icas. Whatever its problems, the Alli- ance for Progress committed the nations of the Americas to a nonviolent, but ac- celerated economic and social revolution in Latin America. Great strides hpve al- ready been made and, with renewed dedi- cation, still greater economic and social gains are ahead. But, the military and political aspects of American life have not kept pace with the social and economic aspects. The evolution of concept and philosophy that characterized the Alliance have not been matched by similar concepts designed to provide for military security and politi- cal stability in the hemisphere. The resolution which Is introduced to- n e na on o e the determ to encourage and support accelerated economic development and social prog- ress in the Americas, in accordance with the principles of the Alliance for Prog- ress,.seeks to focus attention on prob- lems we shall have to face up to even before the results of the Alliance are fully visible-problems of military se- curity and political stability which Santo Domingo laid bare. The two basic problems are these: First. How can the inter-American system best deal with subversion, wheth- er Communist or ultrarightist? Second. How can the American States counter political instability resulting from the overthrow of Democratic gov- ernments by the Communists or the ultraright? The problem of Communist subversion on a large scale is relatively new to this hemisphere, whereas a rapid turnover of governments and the seizure of power by dictators have been features of the Latin American scene for decades. But, it is the concurrence of these two fac- tors, in the current economic and social atmosphere of present day Latin Amer- ica, which now threatens Central and South America with massive and violent governmental upheavals. The American States have tried for years to Cope 'with this danger, and thought they had made great progress. But it was Santo Domingo which re- vealed how inadequate still remain the instruments of the American system at our command. It was Santo Domingo which demonstrated that the inter- American system is not yet fully pre- pared to deal with the kind of situation It faced in early April. X One significant development which could result from Santo Domingo is a heightened realization on the part of the nations of this hemisphere that the inter- American security system needs strengthening. The United States moved into the Dominican Republic-initially to save lives and subsequently to prevent a Communist takeover-alone. On the basis of evidence gathered by U.S. sources, the U.S. Government made the decision to use U.S. forces in Santo Domingo. Whether the evidence war- ranted the U.S. action will be argued for a long time. The fact remains that we did go in. This is no reason to believe the United States moved unilaterally with any special enthusiasm-we are long past the days of gunboat diplomacy, which is as unpopular In the United States as In the rest of the Western Hemisphere. The United States had no interest in sharpening either domestic divisions or international criticisms re- lating to the conduct of our foreign policy. Yet, however reluctantly, the United States did act to fill what was considered to be a power vacuum into which the OAS was not prepared to move in time. There Is no question that once it was seized of the Issue, the OAS moved with great diligence within the limits of Its authority and possibilities under the cir- cumstances. By its handling of the Approved For Release 2004/05/05: CIA-RDP67B00446R000500280014-2 Approve2 0Release 2004/05/05: ClA0WRM90Q4MMB6A ID044SENATE September 2, Cuban missile crisis, the OAS has al:w shown with what remarkable speed it can make decisions when the danger Is perceived as clear and present. But it Just did not have at its disposal the means to take immediate and effective action in Santo Domingo. The concern now is not so much whether there was or was not a sub- stantial and significant danger of a Com- munist takeover in Santo Domingo. The fact is that other situations are likely to occur in Latin America in which con- clusions will be hard to draw from in- complete and contradictory evidence. The real question is how to handle these problems in. the future. Rather than simply to protest the unilateral nature of the initial U.S. involvement in the Dominican Republic, it is now more con- structive for the nations of this hem: sphere to decide on a means to deal to- gether with the growing problem of sub- version in the Americas. Collective re- sponsibility and collective action for the security of the hemisphere is the only a ternative to unilateral U.S. action. Attempting to create a realization of the need to face the facts ofcontem- porary life in the Americas and to pro- vide a multilateral system with the means to react in time in a crisis is not just a matter of persuading others to to our job with us or take the onus of inter- vention off our shoulders. The Ameri- can Republics have time and time again declared their devotion to the ideals of self-determination and democratic gov- ernment and recognized that it is in the interest of all to prevent the emergence of regimes allied with extra-hemispheric powers hostile to the proclaimed goals of the inter-American system or based on military takeover. The stake of Latin America is as great as, and more direct than, the stake of the United States in the fulfillment of these goals. The task :is now to develop the means of dealing with the problem of hem[- spheric security both effectively and col- .lectively. Agreement. on the methods and pro- cedures of collective action for hem- ispheric security against subversion will not be easy to arrive at. The establish- ment of any properly functioning and truly multilateral security system wou'.d 'have to overcome a variety of sizeable obstacles. But something of this nature must be done; together the American states must begin now to work for a solution. I propose that they do so and that high on the agenda for discussion, for example at the forthcoming Foreign Ministers' Conference, be a project for a defense alliance of the Americas with a )multilateral organization having the means readily available to preserve free- dom and self-determination in this hem- isphere. u An aspect of the status of democracy In Latin America which was vividly brought home by Santo Domingo Is the number of Latin American countries that still lack constitutional, democratic ingly that not all of these takeovers were necessarily undesirable. But it may be argued wit)h equal persuasiveness that, however, transitional may be the entry of the military into the political affairs of some Latin countries, In their totality these coups are a manifestation of con- tinued political Instability which has be- come increasingly damaging to Latin America's development and should there- fore inspire great hemispheric concern. While military takeovers are just one symptom of the political instability which afflicts so much of Latin America, they are so important and, in a sense, so his- toric a symptom that in some countries they have tended to become. a cause, as well as a result, of the underlying politi- cal problems. In some cases they seem to perpetuate those problem's to such a degree that a succession of military juntas turns into a form of government- even a form of government having the passive consent of the people. The short-run consequences of a mili- tary takeover in a particular country may not always be wholly undesirable. To an important extent, the immediate advantages or disadvantages of any spe- cific coup to the country in which it takes place must be measured with an eye to what went before and what is likely to follow. Even so, the uncertainty which frequently follows the overthrow of an established government may be slow to dissipate, and in many instances the momentum of a development pro- gram tends to be seriously slowed down by the mere disruption of normal pro- cedures and relationships following an abrupt political shift. But the real danger is in the continued erosion of the hope and faith of the people in the viability of democratic government; in the comparative ease with which successive coups can follow the path broken by prior ones; and in the frequent or prolonged, absence of the democratic experience., There are those who have already abandoned, hope in democratic develop- ment in Latin America as a whole, pre- ferring to place their reliance instead on the young, progressive brand of mili- tary government which has emerged in some places in the hemisphere in recent years. The economic and social goals of the Alliance for Progress, it is said, may more quickly and easily be reached by the methods available to such gov- ernments than by the trials and errors of democracy. But while some significant reforms have undoubtedly been pushed through by military regimes in certain Latin American countries, and while a progressive military regime is of course preferable to a reactionary one, the pro- motion and encouragement of Latin American military regimes in politics is not a policy goal for which many civil- ians in the Americas could feel much en- thusiasm. The question is what can be done-a ,question which, incidentally, has taxed some of the best minds of the hemisphere for decades. The resolution suggests governments. that we encourage ' common efforts to Nine military coups have occurred In come to grips with the issue, and it also Latin America since the beginning of tries to attack the problem at Its most 1962. It may be argued very convine- pernicious point-the unconstitutional Approved For Release 2004/05/05: CIA-RDP67B00446R000500200014-2 overthrow of freely elected, constitu- tional, democratic governments which have not become dictatorships or jeo- pardized their countries' security. There is no specific effort in this reso- lution to spell out measures against exist- ing takeover governments, though the possibility of adjusting the hemispheric attitude toward such regimes should be the basis of discussion among the Amer- ican States. But it does attempt to de- clare our opposition to the crushing of truly democratic governments in Latin America. It does suggest a procedure whereby, in consultation with the other OAS members and with Canada, this op- position might be of some effect in pro- tecting democratic governments from overhasty takeover .by military regimes, and in restoring democratic government where it has fallen, There is no question that a matter of such complexity and individual variation must be dealt with with great flexibility. The resolution, therefore, merely ex- presses the sense of Congress that the United States should encourage and sup- port consultations among the members of the inter-American system and with Canada to consider together the advisa- bility of withholding the immediate establishment of diplomatic relations and extension of aid to regimes which come to power by crushing truly demo- cratic governments. But more than anything else, I believe it is necessary to put the United States on record as judg- ing it wise to take a hard look--together with Canada and the Latin American States-at these regimes, before decid- ing how to treat with them. It may under certain circumstances seem necessary, after the consultations provided for by this resolution, to provide support for regimes of this kind; the terms of the resolution would not pre- vent this. It may also, on other occa- sions, be believed to be in the interest of the United States to provide immediate aid to such regimes. Nevertheless, I be- lieve it is ultimately in the interest of the United States and the hemisphere to re- tain whatever influence we and the other OAS members have had in the nation concerned, not merely by keeping our foot in the door, but by taking action on the basis of collective consultation to encourage a more rapid return to consti- tutional and democratic government. The experience of Santo Domingo sug- gests that common efforts to deal with this problem require immediate consid- eration at the highest level. Like the economic and social aspects of Latin America, the military and po- litical aspects which -I have discussed must be dealt with increasingly on a multilateral basis. Not only will collec- tive action in all these areas be more effective, but collective responsibility will tend to obviate the need for unilateral United States action in matters of great hemispheric concern. United States interest cannot be gain- said-the United States affects Latin America enormously. The United States Is a most enduring fact of life in Latin America-and we are just not going to fade away. But the United States does September 2 19 55 E O 7T~7'` 21799 roved erty ~wfien te Government o deda ~ "However, it now p that the civilian administration. It is, therefore, recommend- thority for the same loss. If this rationale agencies have recommended procedures ed that the bill with the amendments rec- were to be applied, the Government would be which are at variance with those previously contended by the committee be considered absolved of paying the claims which are followed by the military departments and favorably," the subject of the provisions referred to in the Coast Guard. The committee, therefore, The committee believes that the bill, as policies which provide for a $6,500 deduc- tion so as to permit the coverage of losses over and above the statutory limitation for a claim. The committee has found that full insurance coverage of the "floater type" on certain large and valuable items is very ex- pensive and is actually beyond the means of the lower ranks of military personnel. Fur- ther, it is simply not available during move- ments to some oversew areas. This commit- tee further recognizes that a requirement for the purchase of insurance has the practical effect of Imposing additional costs and hard- ships on personnel incident to their repeated service-directed moves. It must also be recognized that the cheap "trip transit" policies offer very little if any protection. Where such policies provide for partial in- surance coverage, personnel have at times discovered that they were, in effect, coln- suror of a part of their loss, since partial insurance was taken as stating their property Be less than its value. "In its study of the claims settlement au- thority proposed in this bill, the committee has been concerned with a number of as- pects in the administration of that authority. On repeated occasions, representatives of the military services have appeared before this committee's Subcommittee on Claims to ex- plain procedures In given cases and to de- scribe the procedures followed by each serv- ice in settling such claims. The 20-year period of the exercise of this authority by the military provides a firm basis for regulations and procedures which insure a competent administration of the statutory authority for claims settlement. As is the one in the ad- ministrative settlement of most claims; the most vital part of the process is the initial investigation and adjudication of the claim. It is at this point that the experience and personnel of the military departments and the Coast Guard have proved their compe- tency in this area. This committee is confi- dent that the increase of settlement author- ity to $10,000 is clearly required as to the military departments and the Coast Guard and that these departments have the per- sonnel, the experience, and the well-defined procedures necessary for the most efficient use of such increased authority. This com- mittee is also reassured by the fact that the military services provide for a review of such claims by legally trained personnel. "As can be seen from the foregoing dis- cussion, the primary need for increased claims settlement authority is to be found In the military services. Furthermore, there most be a frank recognition that claims set- tlement in the military services in many cases is to be distinguished from the civilian analogy. Among these considerations Is the morale of the individual service member and the requirement for a prompt settlement of the loss or damage that he may suffer. The committee has found that the procedures of the military service may be different than those ultimately evolved for the civilian agencies. In reporting the bill, H.R. 6910, which ultimately was enacted Into law, as the Military Personnel and Civilian Em- ployees' Claims Act of 1964, this committee stated In House Report No. 460 of the 88th Congress that: "'[Iit is also relevant to observe that the experience of the military departments and the Coast Guard In administering the pres- ent military personnel claims provisions and the regulations promulgated by those depart- ments to implement those provisions have served to establish guidelines and standards which will aid in the application of the ex- tendedcoverage of the provisions as con- tained in this bill.' provide for separate authority for the mili- tary departments in subsection (a) of the Military Personnel and Civilian Employees' Claims Act of 1964 and the civilian agencies In subsection (b) of that act. In order to provide for a uniformity of policy concern- ing the civilian agencies the committee has further recommended that the regulations promulgated to Implement the authority granted the civilian agencies be made sub- ject to uniform policies prescribed by the President. The civilian agencies were first granted the authority to settle claims for losses of personal property on August 31, 1964, the date of approval of the Military Personnel and Civilian Employees' Claims Act of 1964. The committee has concluded that In view of this fact it would be a wiser course to keep the statutory limitation of $6,500 In force as to the civilian agencies. Due to the short history of the exercise of this authority by the various civilian agen- cies of the Government, it is felt that any question of Increase of existing authority should be deferred until the various agen- cies have developed their procedures and have had a longer period of experience in administration of this claims settlement au- thority. "At the March 10, 1965, hearing, the retro- active feature of this bill was also discussed. Section 4 of the bill provides that the addi- tional claims settlement authority created by amendments to section 2732 of title 10, section 490 of title 14, and the Military Per- sonnel and Civilian Employees' Claims Act Is to be available for the reconsideration and settlement of claims which were timely filed and settled under those statutes on and after July 2, 1952. This means that the retroactive application would only apply to claims that were fully investigated and ad- judicated by the services. Any person seek- Ing a reconsideration of a claim which was not fully paid because of the limitation as to amount would be required to make a writ- ten request for such reconsideration within 1 year of the effective date of the act. This committee r nizes that this provision for retroactive application is required to ex. tend equal treatment to those who may have suffered heavy losses prior to the effective date of the amendments added by this bill. However, it is also well to limit the period for the reconsideration of claims of this na- ture so that the whole question of previous claims can be resolved in a reasonable time. "The testimony presented at the hearing and the information included in the execu- tive communication establish the fact that the potential cost of a reconsideration of claims has been ascertained by the military services. This is the top figure and, Be has been noted, only claims where a request would be filed within a statutory 1-year period would be reconsidered, so that It could be anticipated that not all potential claims would be reconsidered. However that might be, military records show the outstanding unpaid balances, the figures have been col- lected and result in a total of $327,126.86. There Is a potential of about 195 claimants who might file for reconsideration. "On the basis of the considerations out- lined In the executive communication of the Department of the Air Force, the testimony presented in connection with this bill and bills dealing with the same problem over the years, this committee feels that the amend- ments provided for In the bill are necessary for a proper administration of the law. This bill has been the subject of careful review and study by the subcommittee to which it was assigned and the committee amendments have been drafted to meet the problems pres- ently being encountered in this area of claims recommended by the Department of Defense and as amended by the House of Representa- tives, is meritorious and recommends it favor- ably. CHING ZAI YEN The bill (S. 803) for the relief of Ching Zai Yen and his wife, Faung Hwa Yen was considered, ordered to be engrossed for a third reading, read the third time, and passed, as follows: S. 803 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purposes of the Immigration and Nationality Act, Ching Zal Yen and his wife, Faung Hwa Yen, shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fees. Upon the granting of permanent residence to such aliens as pro- vided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct the required numbers from the appropriate quota or quotas for the first year that such quota or quotas are available.. Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the report (No. 656), explaining the purposes of the bill. There being no objection, the excerpt was ordered to be printed in the RECORD, as follows: PURPOSE OF THE BILL The purpose of the bill is to grant the statue of permanent residence in the United States to Ching Zai Yen and his wife, Faung Hwa Yen. The bill provides for appropriate quota deductions and for the payment of the required visa fees. TIMOTHY WILLIAM O'KANE The bill (S. 1168) for the relief of Tim- othy William O'Kane was considered, ordered to be engrossed for a third read- ing, read the third time, and passed, as follows: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purposes of the Immigration and Nationality Act, the provisions of sections 201(a), 202 (a)(5) and 202(b) (4) of that Act shall not be applicable in the case of Timothy William O'Kane. Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the report (No. 657), explaining the purposes of the bill. There being no objection, the excerpt was ordered to be printed in the RECORD, as follows: PURPOSE OF THE BILL The purpose of the bill is to enable the beneficiary who is of Chinese descent, to qualify for an immigrant visa as a native of Canada, the country of his birth. DR. JORGE ROSENDO BARAIIONA The bill (H.R. 1402) for the relief of Dr. Jorge Rosendo Barahona was con- ~ gp ApprotPFgr Release 2004/05105 GCT~Y~R~3~~46R0005i bill. The bill (H.R. 2678) for the relief of There being no objection, the excerpt Joe Yul Kim was considered, ordered to was ordered to be printed in the RECORD, a third ...dine read the third time. and "'Nir, MANSFiEI+l7. Mr. President, I~ the fact that she is a native of an adjacent ask unanimous consent to have printed, island' in the RECORD an excerpt from the report (No. 658), explaining the purposes of the' '300 YUL KIM PUF.PO6E OF THE BILL Mr. MANSFIELD. Mr. President, I The purpose of the bill is to grant the ask unanimous consent to have printed status of permanent residence in the United in the RECORD an excerpt from the report States to Dr. Jorge Rosendo BarafionaBs of' (No. 662), explaining the purposes of the October 3, 1960, the date on which he was hm was ordered to be printed in the RECORD, MRS OLGA BERNICE 13RAMSON as follows: GTLFILLAN P Ei'O5E OF THE BILL The purpose of the bill is to facilitate the The bill (H.R. 1443) for the relief of entry into the United States in a nonquota Mrs. Olga Bernice Bramson Gilfilian was, status of an alien child to be adopted by considered, ordered to a third reading, citizens of the United States. The bill also read'the third time, and passed. provides that the provision of law limiting Mr. MANSFIELD. Mr. President, V to two the number of alien children to be in the RECORD an excerpt from the report (No. 659), explaining the purposes of the' bill. There being, no objection, the excerpt` was ordered to be printed in the RECORD.' as follows: PtaxoSE or THE BILL The purpose of 'the bill is to provide' for restoration of U.S. citizenship in behalf of Mrs. Olga Bernice Bramson Giifillan, which- was lost by her failure to return to the United States prior to her 23d birthday. daughter of a U.S. citizen father and a lawful resident alien mother. The bill provides fa- the posting of a bond as a guaranty that thn beneficiary will not become a public charge. There being no objection, the excerpt' was ordered to be printed in the RECORD, as follows: PURPOSE OF THE BILL The purpose of the bill is to waive the ex' bluding provision of existing law relating to one who is feebleminded in behalf of th,i ESTIIRINA RICUPERO { The bill (H.R. 1627) for the relief Dip Esterina Ricupero was considered, or-' dered to a third reading, read the thire:l time, and passed. Mr. MANSFIELD. Mr. President, 1.' ask unanimous consent to have printer! in the RECORD an excerpt from the re- port (No. 660), explaining the purposes." WINSOME ELAINE GORDON The bill (H.R. 1820) for the relief off Winsome Elaine Gordon was considered, ordered to a third reading, read the third time, and passed. Mr. MANSFIELD. Mr. President, ask unanimous consent to have printed: in the RECORD an excerpt from the re-. port (No.661) , explaining the purposes of the bill. There, being no objection, the excerpt( was ordered to be printed in the RECORD, DOROTA ZYTKA The bill (H.R. 2871) for the relief of Dorota Zytka was considered, ordered to a third reading, read the third time, and passed. Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the re- port (No. 663), explaining the purposes of the bill. There being no objection, the excerpt was ordered to be,printed in the RECORD, as follows: Pf!RPOSE OF THE BILL' The purpose of the bill is to facilitate the admission to the United States in a non- quota status of an alien child to be adopted by citizens of the United States. CONSUELO ALVARADO BE CORPUS The bill (li?R. 3292) for the relief of Consuelo Alvarado de Corpus was con- sidered, ordered to a third reading, read the third tin1e, and passed. Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the report (No. 664)? explaining the purposes of the bill. There being no objection, the excerpt was ordered to be printed in the RECORD, as follows: PURPOSE OF THE BILL, The purpose of the bill is to waive the ex- cluding provision of existing law relating to an alien who has assisted other aliens to enter the United States In violation of the law in behalg of the wife of a U.S. citizen. MRS. KAZUYO WATANABE RIDGELY The bill (14 R. 6719) for the relief of Mrs. Kazuyo Watanabe Ridgely was con- sidered, ordered to a third reading, read the third time, and passed. Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed In the RECORD all excerpt from the report (No. 665), explaining the purposes of the bill. There being no objection, the excerpt was ordered to be printed in the RECORD, as follows: Approved For Release 2004/05/05: CIA=RDP67B00446R000500280014-2 PURPOSE OF THE BILL The purpose of the bill is to facilitate thee entry into the United Statesin a nonquote_ The purpose of the bill is to waive the ex- cluding provision of existing law relating to one who has been convicted of a violation of narcotic laws in behalf of the wife of a U.S. BILL PAS OVER The bill (H. R. 9 -Y to amend the Fed- eral Firearms K11 authorize the Sec- retary of the Treasury to relieve appli- cants from certain provisions of the act if he determines that the granting of re- lief would not be contrary to the pub- lic interest and that the applicant would not be likely to conduct his operations in an unlawful manner, was announced as next in order. Mr. MORSE. Over, Mr. President. The VICE PRESIDENT. The bill will be passed over. WINNIFRED EVADNE NEWMAN The Senate proceeded to consider the bill (S. 481) for the relief of Winnifred Evadne Newman which had been re- reported from the Committee on the Ju- diciary with an amendment in line 7, after the word "States", to insert a colon and "Provided, That the natural mother of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigra- tion and Nationality Act"; so as to make the bill read: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purposes of sections 101(a) (27) (A) and 205 of the Immigration and Nationality Act, Winnifred #vadne Newman shall be held and considered to be the alien minor child of Cedric S. Newman, a citizen of the United States: Provided, That the natural mother of the beneficiary shall not, by virtue of such parentage, he accorded any right, privilege or status under the Immigration and National- ity Act. The amendment was agreed to. The bill was ordered to be engrossed for a third reading, was read the third time, and passed. Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the re- port (No. 667), explaining the purposes of the bill. There being no objection, the excerpt was ordered to be printed in the RECORD, as follows: PURPOSE OF THE BILL. The purpose of the bill, a@ amended, is to enable the illegitimate daughter of a U.S. citizen to enter the United States as a non- quota immigrant, which is the status nor- mally enjoyed by the alien minor children of U.S. citizens. The bill has been amended in accordance with the suggestion of the Com- missioner of Immigration and Naturalization to provide that the natural mother of the beneficiary shall not"be accorded any right, ,privilege, or status under the Immigration and Nationality Act. HENRYKA LYSKA The Senate proceeded to consider the bill (S. 779) for the relief of Henryka Lyska which had been reported from the Committee on the Judiciary with an amendment to strike out all after the enacting clause and insert: