(UNTITLED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP70-00058R000100090060-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: November 16, 2016
• Document Release Date: August 10, 1998
• Sequence Number: 60
• Content Type: TRANS

CON Sc IOpNAL RECORD -HOUSE 2555
19 w' Approved For Release 7O5T24 : CIA-RDP70-00058R000100090060-5
break down and tears come to his eyes I have not seen any Democrat make man from Massachusetts, but we have
during his report on the Berlin Confer- *.Any critical statement about Secretary been at this a considerable time and
ence were not Democrats. Now about the les in relation to the Berlin confer- there are three other matters we want to
gentleman from Minnesota comparing ence. I made a few guarded remarks dispose of. I am going to make a
this situation to Mr. Averell Harriman- yesterday, but no criticism. I felt that suggestion.
and let me state right here that I am not under the circumstances he did the best Mr. McCORMACK. Will the gentle-
but an yield?
t what he wanted to do
ld
,
no
a great admirer of Mr. Harriman, but he cou
, the circumstances are not comparable, under the circumstances he did the best Mr. HALLECK. I am not going to
because Mr. Harriman was holding the he could so far as the Berlin conference object.
position that Mr. Stassen now holds and is concerned; that he was faced with a Mr. McCORMACK. I withdraw my
I do not thtk there is anyone on this probable blowup unless he agreed to the request, Mr. Chairman, because I have
side of the House who wants to gag Mr. Geneva conference. I could see that. said all I intended to say and I think a
Stassen. He is in a position of Cabinet He had the situation in Indochina con- prolongation of it would not be for the
rank and he has a perfect right, as I see fronting him as well as other countries; best inteersts of the situation because
it, to go around making any kind of and also the division of public opinion the gentleman from New York is trying
political speech he wants and to defend in other countries friendly to us, in to be, kindly and friendly to say the
himself against attacks which are made some of which the Communist forces are least,. provocative.
against him not by Democrats, if you very strong. I could see all of that. I Mr. TABER. Mr. Chairman, I ask
please, but by people who are supposed did not necessarily have to agree with unanimous consent that all debate on
to be of the same political party that the Secretary to refrain from criticizing the pending amendment and all amend-
he is. him and making his job more onerous. ments thereto close in 5 minutes.
But the amendment offered by the So when the statement is made, and I The CHAIRMAN. Is there objection
gentleman from Michigan is aimed at assume it -does not represent the Re- to the request of the gentleman from
doing what needs to be done, I do not publican view, that the Democrats are New York?
care whether it is a Republican admin- trying to injure the State Department Mr. ROONEY. Mr. Chairman, reserv-
istration or a Democratic administra- because of the offering of this amend- ing the right to object, I have an amend-
tion, security officers should be kept from ment by the gentleman from Michigan, ment at the Clerk's desk.
engaging in politics, and I think it, es- that statement is completely inconsistent Mr. TABER. Is it an amendment to
pecially needs to be done, since it has With the facts. the pending amendment?
been proved conclusively that some of Mr. COUDERT. Mr. Chairman, will Mr. ROONEY. Oh, no. It is another
them did not tell the truth, will not tell the gentleman yield? amendment.
the truth, and do not know the truth Mr. McCORMACK. I yield to the Mr. TABER. I only asked unanimous
when they see it. gentleman from New York. consent with reference to this particular
Mr. McCORMACK. Mr. Chairman, I Mr. COUDERT. If the gentleman is amendment.
rise in opposition to the pro forma so well satisfied with the Secretary of Mr. ROONEY. Mr. Chairman, I with-
amendment. State- draw my reservation of objection.
Mr. Chairman, 41t would have been Mr. McCORMACK. I did not say that, Mr. HALLECK. Mr. Chairman, re-
much better if the gentleman from New did I? Do not put into my mouth words serving the right to object in order to
York [Mr. CoTDERT] had confined him- I did not say. make a statement, and I am certainly not
self to the amendment and not extended Mr. COUDERT. Well, I was merely going to object, I note at the desk there
his remarks to the full extent that he attempting to construe what the gentle- are 3 amendments. It occurred to me
did. I am going to talk on the broader man meant. that after we have disposed of the pend-
implications involved in the gentleman's Mr. McCORMACK. I did not say I ing amendment we could have a limita-
remarks rather than discuss the amend- was satisfied with him. Do not put into tion of 30 minutes, which will give 5
ment itself. my mouth words. The gentleman is minutes to a side on each of the amend-
I happen to occupy a position of lead- raising another question he did not raise ments, then we can dispose of this
ership in the Democratic Party. For 10 previously because the gentleman is try- matter.
out of the last 13 years I was the majori- ing to raise the question whether or not Mr. JUDD. Mr. Chairman, I want 5
ty leader of this House, and now I, am I am satisfied. I am not talking on the minutes to ask certain questions in ref-
the Democratic whip. I have attended question of satisfaction or dissatisfac- erence to the interpretation of some
many important conferences during the tion. I specifically say I am not dis- language in the bill.
past year. I have seen no Democrat satisfied yet. Mr. HALLECK. Then it would have
who criticized or embarrassed Secretary Mr. COUDERT. If the gentleman is to be 35 minutes.
Dulles or President Eisenhower. We not dissatisfied with the conduct of for- The CHAIRMAN. Is there objection
have discussed merits but never engaged eign affairs by the Secretary of State- the gentleman from
in personalities. Mr. McCORMACK. I did not say that. to New the York request of f the ?
I was present at the meeting that took I said I am not dissatisfied yet with the Th e was [Mr. o ABER]
place when Secretary Dulles returned Secretary of State. The gentleman
from his hard ordeal in Berlin. I could says "conduct of foreign affairs." Do Mr. TABER. Mr. Chairman, I move
visualize what he had gone through by not put into my mouth words I did not to strike out the requisite number of
asking myself: "JOHN MCCORMACK, sup say. My friend from New York is very words.
pose you were Secretary of State; what adroit, and the gentleman from Massa- Mr. Chairman, I wonder just exactly
would have been your thoughts? What chusetts may be lacking in mental abil- what will be in the minds of the Mem-
would have been the -ordeal you went ity, but the gentleman from Massachu- bers as they approach this vote. This is
through, knowing the situation of the setts is capable of understanding some a proposed limitation on an appropria-
world as it is today?" things the gentleman from New York tion bill which would prevent the pay-
There were no Democrats who criti- says; furthermore to a slight extent the ment of salary to the holder of a cer-
ized Secretary Dulles, I am informing gentleman from Massachusetts can pen- tain position who is legally in office.
he gentleman from New York [Mr. etrate his mind. Mr. RABAUT. Mr. Chairman, will
ouDERT]-and I am not attributing his The CHAIRMAN. The time of the the gentleman yield?
emarks to any other one of my Repub- gentleman from Massachusetts has Mr. TABER. I yield to the gentle-
ican friends, I want that distinctly un- expired. man from Michigan.
rlerstood-this is the time to withhold Mr. McCORMACK. Mr. Chairman, I Mr. RABAUT. I do not think that
any words. There is the courage of ask unanimous consent to proceed for is true.
ction, but there is also the courage of - 5 additional minutes. TABER. I am sorry if the gen-
ilence. Sometimes it takes a lot of The CHAIRMAN. Is there objection Mr. thinks so. I think he ought
ourage to be silent, and this is the time to the request of the gentleman from tleman read it.
hen we should stop, look, and listen, Massachusetts?
nd ponder long before we make intem- Mr. HALLECK. Mr. Chairman, re- Mr. RABAUT. The amendment sim-
erate attacks upon. either of the great serving the right to object, and I am not ply says that he comes under the Hatch
political parties as such. going to object, I will say to the gentle:- Act.
Approved For Release 2000/05/24: CIA-RDP70-00058R000100090060-5
 255 NGRESSIONAL RECORD-HOUSE
pproved For Release MOON: CIA-RDP70-00058R000100090060-5
point of order should have been sus-
tained.
Mr. RABAUT. It was not sustained,
and it is so.
Mr. TABER. If it is so, the gentle-
man is now admitting that his amend-
ment is entirely out of order.
Mr. RABAUT. No; I am not admit-
ting my amendment is entirely out of
order.
Mr. TABER. Well, I do not see any
other possible construction.
Mr. RABAUT. The only thing it does
is stop him from making speeches. It
lets him hold his position as a security
officer.
Mr. TABER. Now, let me tell you
what this does. This stops the payment
of any wage or salary of any officer or
employee of the Bureau of Security and
Consular Affairs who, for the purpose of
this act, shall not be included within the
construction of the term "officer" or
'employee." I do not know what else
you call it. Anyway, by this kind of an
amendment, if . it prevails, you stop the
payment of the salary out of this appro-
priation. Such an amendment, if it
changed the Hatch Act, would be out of
order, and it would not be proper. The
officer who is legally installed could go
to the Court of Claims and collect his
salary. That is how good this amend-
ment is. I do not believe that the House
of Representatives wants to indulge in
that kind of legislation. I hope that
this amendment will be defeated. I be-
lieve also that the Secretary of State,
having given a particular construction
as to what the meaning of the language
was as to this Department, should be
sustained by the House. .
Mr. MORANO. Mr. Chairman, will
the gentleman yield?
Mr. TABER. I yield to the gentle-
man from Connecticut.
Mr. MORANO. As a matter of fact,
the amendment does not mean anything
because if the Secretary of State again
decided that this man was in a position
that did not come under the Hatch Act,
he could continue to work and draw his
pay just the same.
Mr. TABER. Right.
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Michigan [Mr. RA.AUT].
Mr. RABAUT. Mr. Chairman, on that'
I demand tellers.
Tellers were ordered, and the Chair-
man appointed as tellers Mr. CLEVENGER
and Mr. RABAUT.
The Committee divided; and the tell-
ers reported that there were-ayes 61,
noes 84.
Approved For Release 2000/05/24: CIA-RDP70-00058R000100090060-5
 vi-
It
a
DW
It
ti-
.at
2553
Approved For Release 2000/05/24: CIA-RDP70-0005 R01000906k60-5
.e3 riation bill, is ing aw
at nd requires new and additional duties.
;1: -1 The CHAIRMAN. Does #he gentle-
ce, man from Michigan desire to be heard?
1st Mr. RABAUT. Yes, Mr. Chairman. I
ny cite volume VII, cannon's Precedents,
,p- section 1663 and section 1674:
1. Denial of use of an appropriation for
-go payment of salaries or employees of the De-
aff partment of Agriculture who forecast the
ng price of agricultural products was construed
ng as a proper limitation and in order on an
The Chairman at that time, March 2, 1928,
Allen T. Treadway, of Massachusetts, relied
on prior decisions of Chairmen of the Com-
mittee of the Whole, Mr. Graham, of Illinois,
in 1924, and Mr. Longworth, of Ohio, in 1923,
and held such a limitation proper and not
subject to point of order.
2. An amendment forbidding payment of
salary authorized by law from any part of
an appropriation to a designated individual
was held to be a limitation and in order on
an appropriation bill.
The CHAIRMAN. Does the gentle-
man from New York desire to be heard?
Mr. TABER. I do, Mr. Chairman.
This amendment, Mr. Chairman, re-
fers to the so-called Hatch Act, section
1181, of title V of the Code. It reads as
follows:
For the purposes of this section the term
"officer" or "employee" shall not be con-
strued to include (1) the President and Vice
President of the United States; (2) persons
whose compensation is paid from the appro-
priation for the Office of the President (3)
heads and assistant heads of executive de-
partments; (4) officers who are appointed by
the President, by and with the advice and
consent of the Senate, and who determine
policies to be pursued by the United States
in its relations with foreign powers or in
the nationwide administration of Federal
laws. The provisions of the second sentence
of this subsection shall not apply to the
employees of 'the Alaska Railroad.
This provision in effect brings about
3n the prohibition of payments to these
e- employees who are not determined to be
sk officers or employees within the provi-
nt sions of this paragraph of section 118.
It requires a determination on the part
of some officer before the thing can be
Dn effective. For that reason, it requires
'm additional duties to be performed by
some officer before it can be effective.
Therefore, it is subject to the rule that
it requires additional duties, and it is an
attempt on the part of the amendment
c er ctiei ent ot. '1'ne question is on to change and enlarge the provisions of
the dlrlCxlc~ ellt offered by the gent that that section.
man C "imois [Mr. BusBl. The CHAIRMAN. Does the gentle-
e '.dment was rejected.
Michigan desire to be heard
? f
ro
ems" mr. m. Ajinu 1. LVIL. Vnaaaaaaaaa, i V"- further?
an amendmele. Mr. RABAUT. Mr. Chairman, in
The Cler'. read as follows: House Report No. 1365, 82d Congress,
Amendment offered by Mr. RABAUT: At relative to H. R. 5678, the McCarran-
after line 19, add the following new
page 52
36
,
`
:
Walter bill, it is stated on page
section:
"Ssc. 604. No part of any appropriation The Bureau of Security and Consular Af
contained in this act shall be used to pay the fairs, section 104, creates a new organiza-
salary or wages of any officer or employee of tional setup within the Department of State
the Bureau of Security and Consular Affairs to administer the issuance of passports and
of the Department of State who, for the pur- visas. There will be a responsible authority
poses of the act of August 2, 1939, as amended In the Department of State Coof. rank and
mmissioner
(5 U. S. C. 1181), shall not be included power corresponding
within the construction of the term 'officer' othe f Immigration raof the Natural nBureau of ation and to
or 'employee'."
-
d1a not do it. It was the act of some- Mr. TABER. Mr. Chairman, I make vestigationMr J. Edgar Hoover-
stir be charitable-nitwit who wanted P the point of order against the amend-
stir up trouble. ment that it is legislation on an appro- and the Central Intelligence Agency
Approved For Release 2000/05/24: CIA-RDP70-00058R000100090060-5
 554 Approved RECORD -HOUSE n'f*, 4
Approved For Release 20'9 : CIA-RDP70-00058R00010009 06 5
t d Al id not ce esident of the united States;. (2)
o
i
u
s no an s
Mr. Dulles- : respect. PohtiCS
ersons whose compensation is paid from
till,of.whom are, to coiiaborate in the Inter- be the have entrusted of these officers to whom the appropriation for the office of the Presi-
ests of national security. wehave the guardianship of dent; (3) heads and assistant heads of ex=
contention of anybody here the national security. For this reason I ecutive departments; (4) officers -who are
Is it the present my amendment and hope the appointed by the President, by and with the
that we would want, for instance, Mr. J. House will support it. 'advice and consent of the Senate, and who
Edgar Hoover going around the country Mr. JUDD. Mr. Chairman, -will the determine policies to be pursued by the
making political speeches? gentleman yield? - I United states in its relations with foref n
The CHAIRMAN. That is just an ob- Mr. RABAUT. I yield. powers or in the nationwide administration
servation. It does not go to the point of Mr. JUDD. May I ask if the gentle- of Federal laws.
order. man made a speech similar to this when This is a clear case. I hope the House
Mr. RABAUT. I know; but I have the former administrator of the ECA, will not ascribe a political purpose to
raised the point of order, Mr..Chairman, Mr. Ayerell Hq,riman, went about the this, but look at it from the, angle from
and I would like a ruling from the Chair. country making violently partisan po- which it deserves to be looked at, and
The CHAIRMAN. The Chair is pre- litical speeches? vote for the amendment.
pared to rule. Mr. RABAUT. Perhaps it was the Mr. COUDERT. Mr. Chairman, I rise
This amendment in brief provides that prerogative of the gentleman from in opposition to the amendment.
no part of any appropriation contained Minnesota to make a speech at that I do not think it need take very long
in this act shall be used to pay the salary time. to state the position of the committee. on
or wages of any officer or employee of Mr. JUDD. I would just like to know this amendment. I am pretty sure that
the Bureau of Security and Consular whether the gentleman from Michigan every Member of the House understands
Affairs who shall not be included within was as disturbed then about improper the character of this amendment, the
the construction of the term "officer" or political activity by these officers, as he purpose of this amendment and what is
"employee." is now? back of it. It is nothing more nor less
It appears to the Chair that the con- Mr. RABAUT. I said that I am not than another attempt, purely partisan
tention of those who make the point of - making a political football out of this, attempt, by the gentlemen on the other
order is answered by this provision in I will ask the gentleman, does he think side to discredit the State Department,
Hinds' Precedents, volume IV, section it would be a proper thing if J. Edgar presently under a Republican President
3954: Hoover went running around the coun- and a Republican Secretary of State.
A provision that no part of an appropria- .try making political speeches? There is nothing else to it than that.
tion for pay of retired Army officers should Mr. JUDD. No, I am talking about Last year these gentlemen attacked
go to one receiving pay for services as a civil Averell Harriman. and knocked out of a bill, this bill,
employee was held to be a limitation. Mr. RABAUT. That is not the point
provision that they themselves had in-
Likewise we have a similar expression that I am making here. corporated for the benefit of Democratic
in Cannon's Precedents, volume VII, Mr. PRICE. Mr. Chairman, will the Secretaries of State, to-wit: the power
section 1651, which contains the provi- 'gentleman yield? to fire. As soon as we get a Republican
sion that no part of an appropriation Mr. RABAUT. I yield. President and a Republican Secretary of
shall be allotted to a beneficiary failing Mr. PRICE. I think the gentleman State, we get the ripper tactics to knock
to comply with certain requirements. might point out that Mr. McLeod and out the very provision that was put in
That provision was held in order as a . Mr. Averell Harrima} did not hold simi- for the benefit of Democratic Secretaries;
proper limitation on an appropriation lar positions. but it is too good for a Republican
bill. With those two precedents the Mr. JUDD. I beg the gentleman's Secretary.
Chair is constrained to overrule the point pardon.. Now we have this very curious situa.
of order, and the Chair so rules. Mr. PRICE. ''here is no comparison tion here where there is a ruling as to a
The point of order is overruled. in the positions. relatively minor official of the State De-
Mr. RABAUT. Mr. Chairman, I am Mr. JUDD. The position of Averell partment by the responsible heads-
offering this amendment to make clear Harriman is a far more important posi- presumably the Secretary himself-that
the intent of Congress when it estab- tion and he is sent around the world as this individual is not subject to the limi-
lished the Bureau of Security and Con- the representative of the United States, tations of the Hatch Act. So here comes
sular Affairs through the passage of and yet he made, for example, at Hous- one of our Members, a Democratic
H. R. 5678, the Immigration and Nation- ton, Tex., a violently partisan attack. Member, and seeks to reverse, by the
ality Act of 1952, Public Law 414. There Mr. PRICE. Mr. McLeod was a se- action of this House, the administrative
is nothing punitive about this amend- curity officer in the Department of State. determination of that Secretary.
ment. It in no way refers to prior politi- He was in charge of personnel. I think Mr. Chairman, are we going to under-
cal activities of the individuals con- it would not be. fitting in his job to par- take to manage the State Department,
cerned. The State Department has vac- ticipate in partisan politics. and on our side of the aisle are we going
illated in its reasoning, but steadily held Mr. JUDD. Do you think it was fit- to permit the Democratic minority to
the conclusion that the Director of the ting that Mr. Harriman should do what manage the State Department while we
Bureau is not subject to the prohibition he did? are sitting in majority on this side? Oh,
against political activity contained in the Mr. HAYS of Ohio. Mr. Chairman, no, Mr. Chairman. This amendment
Hatch Act. The Civil Service Commis- will the gentleman yield? must be knocked out. It is purely parti-
sion has at least informally indicated to Mr. RABAUT. I yield. san. There is to purpose in it except
the contrary. Such confusion about the Mr. HAYS of Ohio. I would say to to injure and discredit the State Depart-
nature of this important office should be the gentleman your amendment does not ment. There is no merit to it. It should
cleared up. House Report 1365 of the limit the boy wonder from Minnesota be voted down.
82d Congress on the bill H. R. 5678 de- from going around making speeches, the Mr. HAYS of Ohio. Mr. Chairman, I
scribed this authority in the Department present ECA administrator who is mak- move to strike out the requisite number
of State as having rank and power cor- ing partisan speeches. He has the same of words.
responding to the Commissioner of Im- job. This is an entirely different situa- Mr. Chairman, I think the gentleman
migration and Naturalization and to the tion. from New York [Mr. C'ounERTI is com-
Director of the Federal Bureau of Inves- Mr. RABAUT. My amendment deals pletely misinterpreting the intent of this
tigation and the Central Intelligence with security officers of the United amendment. I am sure you will agree
Agency. I amza ire no Member of the States, and I do not think there is any- with that from his opening statement,
;House would deem it proper for FBI body in the House of Representatives where he said that this is an attempt on
Director J. Edgar Hoover, of the CIA Who ought to be opposed to it. the part of the Democrats to discredit
Director, FL)e ltiles, to go charging At this time I should like to read the the State Department under the present
"ou l hi country making political Hatch Act provision-Title 5, United administration. All of the attempted
speeches in the manner of Mr. McLeod. States Code, section 118i: discrediting of the State Department
y amendment makes it perfectly clear For the purposes of this section the term that I have noticed lately. has not come
at Congress intended these two offs- "officer" or "employee" shall not be con- from the Democrats. According to the
c is to be in the same category in this strued to include (1) the President and press those people who made Dulles
Approved For Release 2000/05/24: CIA-RDP70-00058R000100090060-5