CONGRESSIONAL RECORD

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August 1, 1964
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Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 United States of America Congressional Record PROCEEDINGS AND DEBATES OF THE 88th CONGRESS SECOND SESSION Vol. 110 WASHINGTON, SATURDAY, AUGUST 1, 1964 No. 148 House of Representatives The House was not in session today. Its next meeting will be held on Monday, August 3, 1964, at 12 o'clock noon. The Senate met at 10 o'clock a.m., and was called to order by the Acting Presi- dent pro tempore (Mr. METCALF) . The Chaplain, Rev. Frederick Brown Harris, D.D., offered the following prayer: God of all life, in whose presence is no darkness at all: As we bow in contri- tion before Thee, the bewildering voices of the noisy world about us are hushed Into a sacramental silence. Whenever we really turn to Thy light, all arrogance is rebuked and pride of opinion is mocked. We confess that at best we but grope In the shadows, that our sight is dim, our knowledge partial, and our judgments fallible. Make us honest and honorable enough to bear the vision of the truth, wherever It may lead; to cast aside all pretense; and to despise all compromise and ex- pediency which warp the soul. We ask it in the name of Him who is the Light and the Truth. Amen. Tut JOURNAL On request by Mr. HUMPHREY, and by unanimous consent, the reading of the Journal of the proceedings of Friday, July 31, 1964, was dispensed with. LIMITATION OF DEBATE DURING MORNING HOUR On request by Mr. HUIVIPHREY, and by unanimous consent, statements during the morning hour were ordered limited to 3 minutes. COMMITTEE TO ATTEND THE FU- NERAL OF THE LATE SENATOR CLAIR ENGLE The ACTING PRESIDENT pro tem- pore. Pursuant to the second resolving clause of Senate Resolution 344, the Chair appoints the following Senators as Senate SATURDAY, AUGUST 1, 1964 members of the committee on the part of ti ^ Senate to attend the funeral of the late Senator Clair Engle of California: Senator THOMAS H. KucHEL, of Cali- fornia, chairman. Senator ALAN BIBLE, of Nevada. Senator THRUSTON B. MORTON, Of Ken- tucky. Senator RALPH YARBOROUGH, Of TOMS. Senator E. L. BARTLETT, of Alaska. Senator HOWARD W. CANNON, Of Ne- vada. Senator FRANK E. Moss, of Utah. Senator STEPHEN M. YOUNG, Of Ohio. Senator LEN B. JORDAN, of Idaho. Senator DANIEL K. INOUYE, of Hawaii. REPORTS OF A COMMITTEE The following reports of a committee were submitted: By Mr. BIBLE, from the Committee on In- terior and Insular Affairs, without amend- ment: S. 1909. A bill to amend the joint resolution establishing the Battle of New Orleans Ses- quicentennial Celebration Commission to au- thorize an appropriation to enable the Corn.. mission to carry out its functions under such Joint resolution (Rept. No. 1291) ; and S. 2419. A bill to authorize the Secretary of the Interior to condemn certain property In the city of St. Augustine, Fla., within the boundary of the Castillo de San Marcos Na- tional Monument, and for other purposes (Rept. No. 1290 ) . By Mr. BIBLE, from the Committee on In- terior and Insular Affairs, with amend- ments: S. 1481. A bill to provide for the establish- ment of the Agate Fossil Beds National Mon- ument in the State of Nebraska, and for other purposes (Rept. No. 1292) . INDEPENDENT OFFICES APPRO- PRIATIONS BILL, 1965-AMEND- MENTS (AMENDMENTS NOS. 1169 THROUGH 1173) Mr. CLARK. Mr. President, on behalf of the Senator from Wisconsin [Mr. PRoxnuREl, I submit five amendments which he intends to propose to House bill 11296, the independent offices ap- propriation bill. Mr. President, I ask that these amend- ments may be printed and also printed In the RECORD at this point. The ACTING PRESIDENT pro tern- pore. The amendments will be received, printed, and lie on the table; and, with- out objection, the amendments will be printed in the RECORD. The amendments are as follows: AMENDMENT No. 1169 On page 2, line 22, strike out "$4,855,000" and insert "$4,285,000". On page 2, line 23, strike out "$600,000" and insert "$250,000". On page 4, line 2, strike out "$950,000" and insert "$880,000". On page 4, line 19, strike out "$85,000,- 000" and insert "$70,000,000". On page 5, line 7, strike out "$69,200,- 000" and insert "619,200,000". On page 6, lines 11-12, strike out "$9,250,- 000" and insert "$8,500,000". On page 6, line 23, strike out "610,775,- 000" and insert "$10,440,000". On page 7, line 9, strike out "686,124,000" and insert "679,000,000". On page 8, line 1, strike out "$22,187,000" and insert "621,805,000". On page 11, line 5, strike out "6277,000" and insert "6270,000". On page 12, line 3, strike out "sixteen" and insert "twelve". On page 12, line 4, strike out "twelve" and insert "eight". On page 12, line 5, strike out "6544,100, 000" and insert "6537,600,000". On page 12, line 9, strike out "$6,344,000" and Insert "$6,000,000". On page 12, line 10, strike out "406" and Insert "396". On page 12, line 25, strike out "$66,000,- 000" and insert "650,000,000". On page 14, line 9, strike out "$42,000,- 000" and insert "621,000,000". On page 14, line 16, strike out "63,600,- 000" and insert "$8,530,000". On page 15, line 4, strike out "$1,800,- 000" and insert,"$1,620,000". 17083 Approved For Release 2002/01/23 : CIA-RDP751300380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17084 CONGRESSIONAL: RECORD - SENATE August 1 On page 16, line 19, strike out "$16,460,- 000" and insert "$16,310,000". On page 17, lines 1-2, strike out "$12,699,- 000" and insert "$12,180,000". On page 17, line 10, strike out "$13,025,- 000" and insert "$12,725,000". On page 18, line 4, strike out "$224,570,- 000" and insert "$213,800,000". On page 19, line 23, strike out "$161,247.- 500" and insert "$151,722,000". On page 35, Une 7, strike out "$52,420,000' and insert '448,920,000". On page 35, line 22, strike out "$15,155,000" and insert -1314,955,000". On page 36, line 11, strike out "$5,765,000" and insert "$5,465,000". On page 37, Line 4, strike out "$3,000,000" and insert 12,875,000". On page 38, line 14, strike out "$1,530,000" and insert 11,505,000". On page 39, line 14, strike out "$21,840,- 000" and insert "$19,565,000". On page 43, line 9, strike out "$15,925,000" and insert '115,525,000". i On page 43, line 12, strke out "$3,500,000" and insert '13,250,000". On page 44, line 21, strike out "$50,000". On page 45, line 23, strike out "$16,084,- 000" and insert "$15,484,000". On page 46, line 7, strike out "thirty- eight" and insert "thirty-six". On page 46, line 8, strike out "$25,710,- 000" and insert "$25,260,000". On page 47, line 4, strike out "$4,418,494,- 000" and t isert "$4.313,594,000". On page 51, line 20, strike out "$155,250,- 000" and insert "$155,000,000". On page 52, line 8, strike out "$14,500,000" and insert "$14,200,000". On page 52, line 13, strike out "$38,000,- 000 of whlch $1,275,000" and insert "$36,000,- 000 of which $1,170,000". On page 64, line 12, strike out "$39,600,- 000" and insert "$34,600,000". On page 55, line 1. strike out "$98,733,000" and insert "$91,233,000". On page 65, line 22, strike out "310,375,000" and inser . "$9,000.000". On pag 66, line 6, strike out"$78,750,000" and inser . "$75,000,000". AMENDMENT No. 1170 On page 7, lines 7-9, strike out "including not to exaeed $4,300,000 for subsidy for heli- copter operations during the current fiscal year, $86,124,000," and insert $81,824,000". AMENDMENT No. 1171 On page 12, lines 24-25, strike out "and purchase of eight aircraft; $66,000,000," and insert "V4,071,000". AMENDMENT No. 1172 On page 47, line 4, strike out "$4,413,594 - GOO" and insert "$4,313,594,000". AMENDMENT No. 1173 On pate 52, line 13, strike out "338,000,- 000" and insert "$36,987,000". INCORPORATION OF AMERICAN ACADEMY OF ACTUARIES--ADDI- TIONAL COSPONSORS OF BILL Under authority of the order of the Senate of July 24, 1964, the names of Senators AIKEN, ALLOTT, BEAU., BYRD of Virg inia, CARLSON, CASE, DOMINicK, GREENIalG, HART, HARTKE, JAVITS, Ku- MEL, LONG Of Missouri, MILLER, NEL- SON, F ROTJTY, PROXMIRE, SMITH, and TOWER were added as additional co- sponsoi s of the bill (S. 3027) to incor- porate the American Academy of Ace tuaries introduced by Mr. DODD (for himself and Mr. Ctuerrs) on July 24, 1964. h7OREIGN PRESS REACTION TO NOMINATION OF REPUBLICAN NOMINEE FOR PRESIDENT Mr. MANSFIELD. Mr. President, I :have noted with interest and some dis- may the reaction of the press outside the United States to the nominee of the :Republican Party. Some of the com- ment has been farfetched and carried to an extreme. In my judgment, it will have no influence on American opinion. The American people are not likely to vote in a manner designed to please the foreign press or for that matter to dis- please the foreign press. The American people will vote on the issues as drawn in the United States and for the United States. Nevertheless, much of the for- eign press comment is to say the least, In questionable taste and it could be, in the end, harmful to the relations exist- ing between us. The press of the woxId has a right to its opinion. As far as political cam- paigns in this country are concerned, however, they are the primary responsi- bility of the American people and they will be decided by the American people come next November. It is not the job of our press to become participants, even indirectly, in political campaigns in other nations. Nor do I think it the responsibility of the press of other nations to participate even indi- rectly in the political campaigns in this country. It is too much to expect, I suppose, that the oversell press will operate un- der a moratorium as far as the American political campaign is concerned. But I believe it would be in the best interests of all concerned if that press would con- tent itself with providing its readers with accurate factual information and a temperate analysis of political events here. There is no panic in the United Stases over the nomination of BARRY GOLD- WATER. Much less ought one to be in- duced abroad to the detriment of oversea tr.s. relations. The American people, through its domestic Instruments of communication will obtain all of the information it requires for sound political judgment. The American people have no need to be frightened or prodded, as a part of the process of forming their judgments, by a panicky oversea press. The Amer- ican people alone will decide who the next President will be and they will do so in the splendid isolation of the bal- lot booths on the first Tuesday after the first Monday in November. ??????11?1/1 LIBERALISM A LA 1776 Mr. SIMPSON. Mr. President, the nomination of BARAY GOLDWATER for President of the United States undoubt- edly has done as much to ulcerate the Liberal press in Ameeica as did the Bos- ton Tea Party of a bygone era. With this in mind, I would invite the attention of Senators to a satirical gem which was incorporated in the July 23 broadcast of the distinguished news- caster and commenator, Fulton Lewis, Jr. Mr. Lewis identified, the piece as the work of the editors of the Republican Congressional Newsletter, and he dedi. cated it in "joint tribute to Walter Lipp- mann, Marquis Childs, Eric Severeid, Huntley and Brinkley, Howard K. Smith, and Ed Morgan." I ask unanimous consent to have this excerpt from the Newsletter printed in the RECORD. There being no objection, the excerpt was ordered to be printed in the RECORD, as follows: THE 1'176 CeaxonE Now, while Senator GOLDWATER was being accorded his tribute on the Senate floor to- day, I ran across a literary gem, which I think should be brought to your attention. After all, the Republican National Conven- tion last week had its rough moments for some members of the columnist clan, in par- ticular from former President Eisenhower and former Vice President Nixon and I think that the columnists who *ere being referred to deserve a little solace in their darker mo- ments and I being a man of deep and gen- erous sympathies, propose to do something about it here and now. This little piece was written by one of the editors of the Repub- lican Congressional Newsletter, as the work of a columnist as of the year 1776, and I am presenting it to you in joint tribute to Wal- ter Lipp-llama, Marquis Childs, Eric Severeid, Huntley and Brinkley, Howard K. Smith, and Ed Morgan. Here it is: "Right wing extremists, who insist on car- rying out a futile war against the Crown, have selected the, worst possible choice, George Washington., as Commander in Chief. The entire war has been characterized by lack a organization. The Benedict Arnold poll has shown conclusively that the war is unpopular with 51,3 percent of the American people. "The constant attempt to undermine King George III is obviously the work of the 'Birchbark Group,' which is advocating full Independence from the mother country. It Is time for an agonizing reappraisal of the course of the colonists. The violent fanati- cism and extremism exhibited by the raffish group, who polluted the waters of Boston Harbor with tons of British tea, certainly lowers our prestige? in England. They repre- sent only a small minority of popular thought, definitely out of the mainstream of colonial thinking. "The stature of the Colonials was hardly enhanced by one Paul Revere, who helped organize a sneak attack in the middle of the night against the loyal forces of the King. It seems that George m has been judged harshly. His efforts to fight inflation by taking most of the spendable income in taxes, are misunderstood by agrarian minds, who cling to the puritan ethic, and who em- brace the dangerous concept that what a man earns he can keep and spend as he sees fit. "These myths must be dispelled if the country is going to move barward. The cur- rent police action has been characterized by petty drama and the injection of patriot- ism and religion Into national affairs. While such statements as that of Nathan Hale--"I regret that I have but one life to give for my country"-are theatrical, they do not solve the problems of learning to coexist with the Monarchy. Had George Washington been more accommodating at Trenton, N.J., the Colonials could probably have reached a detente with the King, and the country could progress with the King, and the coun- try could progress with the problem of inte- grating the various Indian tribes, who are granted separate but equal use of the forests and streams. Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 1964 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 itECOR6:-2StitAtE ? "It is hardly a fitting example for a man who has been viewed by these anti-British hate groups as "Father of His Country" to have stood up in the boat while crossing the Delaware. This action indicates irre- sponsibility and leaves open the question of whether or not he is fit to rule, should the Revolution, by some quirk of fate, succeed. It is rumored that there are pockets of poverty among the forces encamped at Valley Forge. It is also rumored that Washington Is seeking development of more modern weapons, including naval craft. This threatens to escalate the conflict into all- out war. It would seem a more prudent course of action to limit weaponry produc- tion to tomahawks and blunderbusses. The threat of annihilation, should more accurate weapons be introduced, should give pause to those who have their finger on the trigger of world holacaust. "There are reliable reports that a rift has developed between King George and King Louis the XVI. This rift should be exploited. The Colonials should attempt to wean George III away from the French orbit of Influence, through more trade and friendlier relations between the Redcoats and the Con- tinental Congress. "How George Washington could be chosen by thinking Americans, surpasses under- standing. He is a landed Virginia gentle- man, has acted intemperately during the Course of the conflict, and threatens to pro- long hostilities with his attitudes. The best interests of the country can be served by negotiating a peace treaty with King George at once, setting up a neutralist government? with one American, one Frenchman, and one Britisher to govern. It has been a hatefully conceived war, conducted poorly, not popu- larly stipported, and I fear, doomed to ignominous failure." SENATOR GOLDWATER: A TRUE FRIEND OF GREECE Mr. SIMPSON. Mr. President, Sena- tor GOLDWATER delivered a major address at the 40th national convention grand banquet of AHEPA at Chicago recently, and the accolades are still being heard. In an eloquent tribute indicative of his vast knowledge of and broad interest in the rich Greek culture that has shaped Western civilization, the Arizona Repub- lican reminded the Americans of Greek ancestry of the brilliance and signifi- cance of that ancestry. Senator GOLDWATER paid homage to the learned philosophers of ancient Greece, stating that "theirs were the Ideas which lie at the heart of the Amer- ican concept of freedom." He reminded his audience that "it was their fore- fathers who literally created the very Idea of freedom today as we know it." BARRY GOLDWATER'S tribute was not limited to the sages of a bygone era, how- ever, for he asserted: The heroic stand of modern Greeks against Nazis and then against the Communists showed the world that the spirit of ancient Greece still lives today in the Greeks of modern times. You are conservatives. You have con- served from your ancestry that tradition of fierce independence?that concept of the greatness of man?which we conservatives of the modern world treasure as a priceless possession. The most compelling tribute elicited by Senator GOLDWATER'S superb address came from the editors of the Greek Press who wrote, in prefacing the full text of the Senator's speech in their newspaper: Senator BARRY GOLDWATER, of Arizona, the Republican candidate for President, is a, true friend of Greece. Senator GoLnwsrsa deliv- ered one of the most historic speeches of his political career, lauding the heritage of an- cient Greece to the Western civilization. His words remain as a document of exceptional value to Greeks everywhere. I ask unanimous consent, Mr. Presi- dent, to have the full text of Senator GOLDWATER'S speech before the AHEPA convention printed in the RECORD as it appears in the July 22 and July 29 issues of the Greek Press. There being no objection, the address was ordered to be printed in the RECORD, as follows: SENATOR BARRY GOLDWATER LAUDS HELLENIC HERITAGE AT AHEPA BANQUE'T?SPEAKS AS TRUE FRIEND OF GREECE (Senator BARRY GOLDWATER, of Arizona, the Republican candidate for President, is a true friend of Greece. At the AHEPA convention in Chicago where he was one of the main speakers Senator GOLDWATER delivered one of the most historic speeches of his political career lauding the heritage of ancient Greece to the Western civilization. His words re- main as a document of exceptional value to Greeks everywhere.) It is a great honor and a great privilege to be here today?to have the opportunity to address you Americans of Greek ancestry. There is no other group in all this country which stands in a closer or more vital rela- tionship with the basic traditions of West- ern civilization. For It was the ancient Greeks who described for the first time the conditions necessary for political freedom. It was your ancestors?you?sitting here in this room today who created the idea of a mixed constitution, the concept of checks and balances which lies at the very heart of our American system of government. A conservative is a man who believes we have something worth conserving. A conser- vative knows that we were not born yester- day. A conservative knows that the wisdom of the ages is not something to throw over- board because some young college graduate has just had another bright idea. You, here in this room, are true conserva- tives. You whose ancestors developed a level of civilization which even now many of us are scarcely able to understand and ap- preciate. You know the meaning of the word "conservative," because the great part of our civilization, and the best of it, exists today only because you and others have con- served the magnificent cultural heritage of Greece. As one who is primarily interested in the political life of our Nation, I feel very strongly the debt we owe you, especially for the basic political ideas that come to us from the Greek tradition. Very properly we pay homage to the Americans who have been called the Found- ing Fathers of our country. But they could not have thought as they did, they could not have drawn this blueprint for American Government had it not been for your great ancestor Plato, or even more for another in- comparable thinker of ancient Greece? Aristotle. These men?Plato and Aristotle?are truly founding fathers of America, in a very real sense. Theirs were the ideas, handed down from ancient Greece, which lie at the heart of the American concept of freedom. It was your forefathers who pioneered the idea of freedom. It was your forefathers Who, 2,500 years ago, built the new frontier against barbarism, and against despotism. It was your forefathers who literally cre- ated the very idea of freedom today as we 17085 know it. And the creation of this Idea was a kind of miracle. We have to remember that the ancient Greeks lived in a world which never had known, in all its history, a concept of free- dom like the idea they brought into the world. It was an entirely new idea, a new way of life. There was no tradition of free- dom for them to look back to. They had to create the idea, as it were, out of nothing. And they created there a new frontier?a frontier between free men, on one side, and, on the other side, men who live in constant fear of their government, whose whole lives are subject to the whim of despots. In all history since then there has continued to be only one real frontier, the frontier of free- dom beyond which lies man, helpless before the overwhelming power of government. How did those astonishing ancestors of yours create this great liberating concept of man? Not only was there no tradition of freedom to teach them this way of life, this concept of man, but they stood near rich and immensely powerful nations whose whole outlook was hostile to the idea of freedom. Egypt at that time had several thousands of years of history as a rich and powerful nation, and the tyranny of the Pharaohs was cruel and absolute. Even the terrible slave labor camps of Soviet Russia are hardly worse than were the enormous gangs of slaves?tens of thousands in number?who were driven to death building the enormous pyramids to satisfy the whims of the Egyp- tian Pharaohs. These were the neighbors of the Greeks, a hundred times as wealthy and a hundred times more powerful than the Greeks. And there were the Persians of that day? a powerful and rich empire ruled by cruel and arbitrary despots. As you know so well, the Persian kings sent a hfige army to con- quer the Greeks. ,Most of the army was com- posed of well equipped slaves, who were some times driven into battle by whips in the hands of the Persian officers. All this array of slave power failed. Poor as they were, few in number, as they were, the Greeks had one precious weapon the Persians lacked. They were free men with a fierce sense of independence, a characteristic which Greeks have never lost. This is the best gift of Greece to Western civilization; the concept of a man as a free citizen. The whole idea of politics as a subject which could be studied is a Greek invention. No one ever heard of political science before Plato and Aristotle, and no man since has spoken more profoundly on the problems of politics. It is to the concept of the free citizen that we owe the possibility of all the other achievements of the Greeks. Now politics I know something about. Now I am not a scholar in the field of Greek ideas, yet who is there who does not have some grasp of the breadth and significance of our debt to Greece? Every school boy knows something of this debt. Yet, sorntiraes reformers with ideas they believe are new, or scientists in love with some new scientific development are tempted to forget the source of almost all the ideas. We are often tempted to think of our civilization as having hit peaks of develop- ment unheard of in the past. The atom seems like something new. How many re- member that the word "atom" is a Greek word and that the idea of the world as being constructed basically of atoms was originated by a Greek?Democritus, by name?several thousand years ago. It was this concept of the atom combined with modern mathematics which created this new atomic age we live in. But the very word "mathematics" is also a Greek word, and most of the basic mathematics we Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17086 CONGRESSIONAL RECORD ? SENATE August 1 now have was originated and thought through 3,000 years ago by Greeks. "Geometry" is another Greek word. Who can think of basic mathematics without fol- lowing in the footsteps of Euclid? In a word, the really hard basic thinking which created the possibility of the modern world of atomic physics was done by the Greeks long ago. We moderns have only taken a few steps beyond the giant strides of those men. Our whole world of technology is unthinkable, is clearly impossible without the astonishing creative thinking of the Greeks. These powerful rockets that soar into space, all the complicated machinery of modern living are only rather ingenious de- velopmenes flowing from the astounding in- tellectual creations of Greece. Withoue Greece, they would not exist. What about philosophy?except for re.. ligion, the only serious and profound at- tempt; to penetrate and explain the mean- ing of human existence? Again, the wore "philosophy" is a Greek word. As you know_ the word means love of wisdom. Sometime ago I was reading on an alrplane--thate. where I get most of my reading done--ane I was reading some comments by Professor Whiteheact, whom many have called the most distinguished modern philosopher. White- head's comment that stayed in. my mind was this: "All modern philosophy is only a series of footnotes to Plato." Now some of our modern thinkers would have us believe their ideas are very original, very novel. These people are, to put it very simply, ignorant of history. They don't know that many of their notions are nothing more than pale and distorted reflections of past ideas, many of which were discarded as trivi- al or unsound by the giants of the past. The very writing of history itself?as we know it today?was an invention of the Greeks, Herodotus and Thucydides were as you all know so well the first great historians. Even today Thucydides stands as a giant among modern writers of history. Now what are we to say about a nation like the Greeks who create a great cultural inno- vation like the writing of history, and who. almost simnItaneous with the first efforts in the field, peoduce histories of such astound- ing excellence that we are still stumbling be- hind them 2,000 years later. What histories are being written today that we dare com- pare with Thucydides for sheer dramatic power, such a devotion to truth, such a de- termined objectivity. Thucydides wrote his- tory on a broad canvas with a generosity of spirit and r grandeur of vision which is al- most inconceivable in our own age. Anyone suffering from the illusion that ours is a Fyeat age and that our modern ideas constitute the last step in progress could regain some objectivity and a proper sense of humility by studying Thucydides, one of the great Greeks. It would be possible to go on for far more time than I have today, reviewing the mag- nitude, the astonishing creations of the Greeks. Watt is not acquainted with the greatness of Greek architecture, of Greek art? Has ever a more distinguished, more beautiful or a more appropriate building been conceived than the Parthenon? Almost all the important buildings in Washington are built in the Greek style. What beauty there is in the Capitol Building in Washington, and the White House?the dignity and serenity, the essential serious- ness, the seese of order?these characteris- tics are Greek, and Greek alone. They rep- resent the great tradition of Western civili- zation, the heart and core of the ideals that motivate us the atmosphere of rationality which remains even in the midst of tempo- rary disorder. These ideals, this tradition, this rationality remain so powerful that they can survive even the constant barrage of reforms, the small revolutions proposed by small minds, the disorder promoted by mod- ern day reformers who keep proposing as "hold" new concepts Many of the same no- tons which were long ago consigned to the trash barrel of history. When I stand and gaze at the great Parthe- non up there against the sky, on the es- carpment overlocking Athens I know what the word "bold" means. To understand what has happened to us, you need to do more than study the use of the term "bold" in the hands of mediocre modern reformers. No notion is now so trivia:. that a modern re- ferrner will not describe it as a "bold new idea" or a "bold new plan." Among pygmies eten the smallest things look big. Among those who think history began yesterday, merything is new. To get a perspective on the prevailing style of today nothing is more salutary than to study the art of the Greeks. It is only nec- essary to place a great sculpture from the high period of Greek achievement against almost any modern sculpture. The humanity of the Greek is almost inevitably in sharp contrast with the inhuman modern concept. The Greek serenity, the Greek balance and repose, the Greek rationality, the inherent sense of human dignity stands sharply against the confusion and distortion, the tangled emotions, the cult of the ugly and commonplace which is so often characteristic 01! modern art. ,erid the theater. We could never leave a discussion of the Greek tradition without a view of the grandeur and magnificence of the Greek theater. Here, again, we are in the presence of a great invention of the Greek Imagination. In the Greek theater the whole community gathered to view a spectacle of the highest significance. In the great tragedies, the Greeks beheld a spectacle in which the most profound human emotion's were plumbed and all against a cosmic background that strangely did not dwarf the actors but caused them instead to rise to heroic heights which would be inconceivable or. the modern stage. There was an air of greatness about the Greek -theater which not only represented in truth the Greek view of man and the universe but reflected back upon the audience and taught them that greatness was possible even in the eace of inevitable evil, even in the face of a monstrous and absolutely terrifying fate. The Greek theater was made by men who drew the breath of greatness; the Greek theater was created by men who knew moistness and who taught men how it was to be great. Even their comedies shared in this serum of greatness. In the midst of even the wileest and most whimsical comedy there remained that breath of greatness and of freedom. It is no surprise that the greatest writer Cf 'Greek cornedy?Aristophanes--was also r roloundly conservative. I wonder what he would have said about the humorless and self-righteous professional reformers of today? I wonder what he would have said about their cult of the common or mediocre man? nests there is a belief in the potential greatness of man, there can no longer be tragedy; there can be only melodrama. When man becomes trivial, tragedy becomes ludicrous. What is more, comedy also be- comes a trifling thing?at best witty and clever, never carry with it hints of the grandeur and depth of the tragic vision which must serve as the necessary vital con- trast for truly great comedy. I co not believe, in our present social state, dominated as it is by a trivial conception of man?dominated as It is by supereial re- formers who expect to save and to protect and to remake man through government action--I do not believe that either great tragedy or great comedy Is possible in such an environment. Your ancestors once showed us what man could be. Your ancestors in the concept of theater gave Us a Model of greatness against which to measure the treater, for all time. And what of the modern theater? Have you looked at your Tv set lately? What wallowing in self-pity. What vest and contorted expressions of emotion over trifling problems. What meaningless vio- lence and meaningless sex. Comedy has become "wisecracks." Very clever, sometimes even very witty. But the background of greatness is not there, so the savor, the depth ef contrast, is. gone. The surprise, the fast switch, the shock have taken its place. Your ancestors would look upon us with pity. To them, we would be truly bar- ber ens. We who call ourselves conservatives halm only the most profound respect for this great Greek tradition, whether it be the art of government, or in science or mathernaties, Whether in architecture or sculpture, or in philosophy, or in history, or in the art of the theater, I have no time to talk of the mag- nicenee of Greek pDetry, or the handicrafts, or of the creation of the great sciences of botany and zoology. All these you know so well. We conservatives do not believe that his- tory began yesterday. We do not believe that anything over 30 years old is necessarily "horse and buggy," and ought therefore to be discarded. We conservatives do not be- lieve that something is good just because some think it Is new, or that it is obsolete just because some seer it is old. We believe that what wisdom we may haVe is the product of the thought and work of many, many generations. If we stand high at all, we gain this height, we believe, be- cause we stand on the shoulders of past generations. We ask only that the wisdom of the past be brought to bear also on today's problems. We ask only that reformers read some his. tory, and that they have a decent respect for our forefathers and our great traditions. We conservatives ask for an end to the cynical, cocksure attitudes of reformers who describe any ideas inherited from the past as; horse and buggy. In a word, we conservatives believe there is something great and something valuable. to be conserved from the past. We do not be- lieve we were born yesterday. We conservatives believe that Americans of Greek ancestry have a special character. They are bearers of a special trust. All of us who live in the Western World owe a profound, immeasurable debt to your, forefathers. But you, the direct descendants of the men who created so much of the basis of our whole civilization?you have in your very blood, in the very fiber of your brains and nervous systems, the germ of that great- ness. The heroic stand of modern Greeks against the Nazis and then against the Communists showed the world that the spirit of ancient Greece still lives today in the Greeks of mod- ern times. You are conservatives. You have conserved from your ancestors that tradition of fierce independence?that cencept of the greatness of man?which we conservatives of the mod- ern world treasure as a priceless possession. I am a censervative, and I feel at home here. It has been a great honor for me to be here with you, the sons and daughters of the magnificent Greek tradition: The tradition Which is now an essential and central ele- ment in the America which is'also yours and mine. Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 1964 Approved For Release 2002/01/23: CIA-RDP75130038ORM800130032-9 CONGRESSIONAL RECORD ? SENATE 17087 SILVER DOLLARS: THEIR SCARCITY AND THEIR APPEAL Mr. SIMPSON. Mr. President, the in- triguing nature of the silver dollar? the only kind that you can "roll along the ground, and it will roll because it is round," in the words of a famous west- ern ballad?is aptly illustrated by an in- cident July 22 in Jackson, Wyo. The Jackson State Bank celebrated its golden jubilee by giving out silver dollars. Jackson is a town of 1,440 people, but in less than 25 minutes, the bank found takers for 6,000 silver dollars and the bank's supply of "cartwheels" is now completely exhausted. The Jackson Hole Guide reports that the line for the coins "started forming before 8:00 Wednesday morning, and by the time the bank doors were opened at 9:00, there were several hundred people standing in line. Some were local resi- dents who requested up to their limit? $100?and others were tourists wanting only one of two "cartwheels" for souvenirs. One man brought a fishing creel to carry his dollars in. Women brought their biggest handbags. Shows how popular silver dollars are. The silver dollar is more than a means of barter and exchange in the Western States. It is virtually an institution. The idea of hard money in one's pocket is identified with a hard conservative fiscal policy synonomous with spending only what is at hand to be spent, and ex- ercising fiscal restraint and prudence. Recent action of the Senate Banking and Currency Committee in reporting favorably a bill to freeze the 1964 date on all new coins was applauded in Wyoming, for the people, of my State are cognizant of the deleterious effect that the hoarding of coins by specula- tors has on the availability of currency for its bona fide purpose?the facilitation of trade. Twenty years ago the silver dollar was as common in the West as its paper counterpart is in the East today; but, unfortunately, Jackson, Wyo., is not the only western municipality finding itself bereft of silver dollars. Plans to raise the annual minting ca- pacity from 4.3 to 9 billion coins by next July, augmented by passage of a $600,000 appropriate for the minting of a new rim of silver dollars presumably all bear- ing the 1964 date, should go a long way toward alleviating the shortage of silver dollars throughout the West. I am pleased to note that even my favorite TV performer, Mitch Miller, has rallied to the cause. With his beard a-bobin' Saturday night, his sing-along chorus filled the airways with the chorus of the western ballad to which I alluded a moment ago: Oh, you can roll a silver dollar all along the ground, and it will roll because it is round. Mr. President, as an indication of the importance of silver dollars and the severity of the shortage of these coins, I ask unanimous consent that the full text of the dispatch from the July 23 Jackson Hole Guide and an editorial from the Washington Evening Star of July 30 be printed at this point in the RECORD. There being no objection, the article was ordered to be printed in the RECORD, as follows: [Froin the Jackson Hole Guide, July 23, 19641 BANK RELEASES 6,000 SILVER DOLLARS WEDNESDAY The Jackson State Bank gave out over 6,000 silver dollars in 23 minutes Wednesday morning, and their supply is now completely exhausted. The remaining silver dollars in the bank were released at face value to first comers In observance of the 50th anniversary of the bank. The line started forming before 8 o'clock Wednesday morning, and by the time the bank doors were opened at 9 o'clock there were several hundred people standing in line. Some were local residents who requested up to their limit ($100), and others were tourists wanting only one or two cartwheels for souvenirs. One man brought a fishing creel to carry his dollars in. Women brought their biggest handbags. Shows how popular silver dollars are. In addition to the silver dollars the bank gave out momentos all day Wednesday to visitors who stopped in at their Golden Jubilee. Over 600 people visited the bank during regular hours on Wednesday. [From the Washington Star, July 30, 1964] FOILING THE COIN SPECULATORS Every small boy has the urge at one time or another to tuck an old Indianhead penny into a secret hiding place, hopefully, on the theory that it may some day bring a king's ransom. A good many grown-ups never shed the coin-collecting instinct, finding it makes a pleasant, harmless hobby, and the Treasury has no quarrel with them. But as in so many other fields of endeavor, the speculators have moved in. Each year as the new annual minting begins, they rush to buy up the coins by the basketfull, then hoard them against a future price from hobbyists. The result has aggravated a na- tionwide shortage of coins, and the Treasury reports a huge number of 1964's have been immobilized. So there aren't enough coins for normal business. To relieve the situation, the Senate Bank- ing Committee has approved a bill allowing the mint to keep printing "1981" on coins next year. The purpose of this unorthodox step is to make the present date so plentiful an issue that its numismatic value will van- ish, prompting speculators to unload their hoards. Officials hope as much as a billion coins will thereby come back into circulation. In the meantime, new coin presses will raise annual minting capacity from 4.3 to 9 billion coins by next July. The increased production should offset any future shortage based on speculation, and presumably au- thorities will begin printing the 1965 date around midyear. But if these measures fail, the Treasury should impose tight quotas in distribution of new silver. The function of money is to fa- cilitate trade, not to encourage speculators. LAND-GRANT COLLEGES?A MOST POPULAR EXPORT Mr. CARLSON. Mr. President, the enormously productive agriculture of the United States today rests directly upon the research and educational effective- ness of the land-grant colleges and uni- versities and the Department of Agri- culture. Land-grant colleges form the heart of the Nation's amazing system of farm research and extension education which put the results of experiments to use. The results of this research has been most impressive when we realize that 1 American farmworker produces enough food for himself and 29 other persons. In view of this splendid record of achievement through the land-grant colleges, the question is often asked: Why should not the country's land-grant colleges enlarge upon their horizons to include rural development elsewhere in a hungry world? The record shows that these land- grant colleges are already carrying on extensive programs for the improvement of land use and the increase of food pro- duction in many of the underdeveloped countries in the world. Kansas State University at Manhat- tan, Kans., was the first land-grant college in the Nation to he created by legislative act. This institution has for many years carried on extensive pro- grams in India and other areas of the world through the AID program for the Improvement and expansion of agricul- ture. It is a record of which we are all proud. I can think of no field in the foreign aid program which has more possibilities than the continued expan- sion of this type of work. This week, representatives of land- grant colleges gathered in Washington to discuss ways of teaching agricultural know-how in other countries of the world. All of these 119 schools are conducting research and training foreign aid spe- cialists for the Agency of International Development. The program is geared to advise farm- ers and to help solve farm problems on a countrywide scale. AID has nearly 252 contracts with land-grant colleges to train personnel to solve problems in rural development. Recently the Washington Post pub- lished an editorial entitled "Most Popular Export," and I ask unanimous consent to have it printed in the RECORD. There being no objection, the editorial was ordered to be printed in the RECORD, as follows: MOST POPTILAR EXPORT If any American experiment has succeeded with a vengeance, it is the land-grant col- lege. Created by the Morrill Act of 1862, land-grant colleges were intended to help America harvest an abundance of food. Our chronic farm surpluses amply testify to the success of this Federal help for agricultural education. Why shouldn't the country's land-grant colleges enlarge their horizons to include rural development elsewhere in a hungry world? We asked this question in an editorial 2 years ago observing the centennial of the Morrill Act, and it is a pleasure to note that just such a development is taking place. During this week, more than a score of State university presidents have been attending an International Rural Development Conference at the State Department. The gathering re- flects the fact that more than 100 American universities have up to $200 million in con- tracts from the AID agency, mainly in the field of agriculture. AID Administrator David Bell cited the work of North Carolina State and Iowa State Universities as examples of the broadening Involvement of land-grant schools in foreign aid. Iowa State is helping the Peruvian Gov- ernment to shape a national rural develop- ment plan, giving special emphasis to land tenure problems. North Carolina has staff members working at the National Agricul- Approved For Release 2002/01/23: CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17088 CONGRESSIONAL tural Unieersity in La Molina and in a half- dozen other cities assisting Peru in develop., ing a combined program of farm education. and resea What ii especially admirable about such programs is that they enroll the energies of nongoverr mental institutions in the tasks of foreign aid. The size and scope of these pro.. grams has become so broad that one recom- mendation made at the conference this week was to appoint a full-time representative in Washingtc a of the land-grant colleges in or- der to wore with the AID agency. As Seers tary of Agriculture Freeman em- phasized in a speech to the college presidents, the effect of greater farm productivity else- where is n it to diminish markets for our ex- ports. Instead, experience in Japan and Eu- rope demonstrates that our exports Increase as other onnatries expand their, income and their economies. The Unieersity of Wisconsin has the proud slogan that the boundaries of its campus are the bound sales of the State. With the in- creased paaticipation of land-grant colleges in international rural development, those boundaries are stretching to the remote cor- ners of the world. Both our farm technology and our agricultural schools are among our most obvious assets in the competition with communists. Russell Thackrey, of the Asso- ciation of I and-Grant Colleges, is quite right in saying t sat "in all those countries of the free world which are striving for a better life * * * the baa of the land-grant university is America's most popular export." BUSINESS AND CIVIL RIGHTS Mr. KUCHEL. Mr. President, the for- mer Secretary of Labor, James Mit- chell, is now a distinguished business- man in the State of California. He is senior vice president and director of the Crown Zell ..rbach Corp. in San Francisco. On June 5, Mr. Mitchell spoke before the Commonwealth Club of California at the Sheraton-Palace Hotel in his home city. The subject of his excellent address wai "Business and Civil Rights." I have read the speech of Mr. Mitchell, not only with real interest, but with great enthusiasm. The civil rights legis- lation which Congress recently enacted offers the American people in each of its economic segments a better opportunity to weld together 190 million American citizens. Mr. Mitchell discussed the problems of education. He discussed the need for American business and industry to work together so that all young People, black and white, will have a greater opportu- nity to panicipate in all that this free Republic offers. I ask unanimous consent that the text of Mr. Mitcnell's address entitled "Busi- ness and Civil Rights" be printed at this point in the RECORD. There bei ig no objection, the address was ordered to be printed in the Ream, as follows: BITSLIESS AND CIVIL RIGHTS ( An address ctelivered by James P. Mitchell, senior vice president and director, Crown Zellerbach alorp., San Francisco, before the Commonwe slth Club of California, Shera- ton-Palace Hotel, San Francisco, June 5, 1964) After consilering the issues of the day and expressing his opinion by casting his ballot, the citizen in a democratic society tends to leave their solution to the Govern- ment which he elects. But the nature of the civil rights issue Is such that it cannot be solved by g'overnmental action alone. It RECORD ? SENATE August 1 is one which the American people them- selves, in their individnal and community 11i.e, will have to confront and act upon. I consider that this 3a ar is altogether dif- ferent from our presidential years In the Severity of this test to which it puts the American people. The new civil rights legislation will not dispose of the matter. Et may, in some ways actually aggravate the problem because too many people ex- pect it to cure too much. For those that have these high expectations, disappoint- ment and disillusionment are bound to follow. Significant though the legal measures are Wilch may strike at the formal patterns of discrimination, the basic challenge is more subtle, because it must be met at the com- munity, the neighborhood and even the per- sonal level. Only by me s ting this challenge can we take the affirmative actions which will enable the Negro to utilize, and enjoy, and profit by the rights that the law and the Constitution guarantee. As a people, we are coning up to a major confrontation on the Negro rights issue for the first time in this century. It is not that the issue has suddenly materialized, for in- deed it has always been with us under the surface; only in the past years has it erupted as Ithe national issue, unmistakable and un- avoidable in North and South alike. :For all its liberality and tolerance, both in tradition and in law, California itself is in the midst of the civil rights turmoil. In my opinion, Senator Konen :has effectively rep- resented the opinion of this State by his efforts to steer the civil sights bill through the opposition in the Senate. At the State level, Californians are facing what I consider to be a misguided campaign for repeal of the Rumford fair housing act. ? which will be en the ballot in November. At the metro- politan level, here in San Francisco, we are concerned with the triple crises of housing for Negroes, education and training, and greater job opportunities for Negroes. And for the first time the cite has had to give sarious consideration to dealing with these questions as smatter of urgent public policy. Many believe?certainly I do?that the heart of the matter here !s economic. The Federal civil rights bill will secure for the Negro in California few if any safeguards that hs does not already enjoy in the State. Here hs votes, here he travels, here he obtains lade ng and meals, here he shops for goods and services without hindrance. What he lacke, what he wants, what he must be given the opportunity to get, is employment and a higher standard of living. From a practical standpoint, employment is difficult to legis- late, unless we refer to the expansion of gov- ernment operations as a whole. Employment In the private sector, which is the real under- pituang of our economy, cannot be legislated at all. And so the sit-ins, the picketings, the insea demonstrations of Negro action groups are not conducted at city :nail or in Sacra- mento, but in and around the premises of private employers, as we saw last March in the corridors of this very ho;e1. :something is happening that is new in our eseaerLence. It is, of course, unpleasant and uncomfortable to be the abject of direct political action, especially if you're not ac- cuitoned to it and consides it unwarranted and unfair in the first place. 7et if we become too mach preoccupied with the rights and wrongs of shopins, Re- ins, atins, and now the new tactic we have seen at the Bank of America of nickel-and- dirae-ins, we shall lose sight of the major problem which is to create more jobs and provide real opportunities fcr Negroes. At present there are about 21 million Negroes in the United States, or 10.8 percent of the total population. The Negro portion of the population will undoubtedly iaceease for two reasons: the gap between the death rates for whites and Negroes will be reduced; while the birth rates for Negroes will in all probability continue to be higher than those for whites, with the likelihood that by 1930 the Negro population will have risen to 80 million, or about 12 percent of the total population. As far as we can see, this is no less the prospect for California and the San Francisco Bay area than for the rest of the country: there will be a continuing increase in the Negro population here and, along with laa, an increase in the problem of "inherited un- employment" from which the Negro suffers. By "inherited unemployMent" I mean that you have a second generation of Negro youth corning along who have been raised in fami- lies that have never had a job?families which, of necessity, must plan their economic future on the basis of public welfare. We must realize, too, that this problem of Negro unemployment is taking place in the context of a rising unemployment trend for all the work force, white and black. No matter what administration is in power, we shall increasingly confront this chal- lenge: How in the face of defense cutbacks, in the face of changes in the composition and skills of the work force, in the face of dia. appearing low-skill ;obs, can we bring about acoelerated employment for Negroes. Our response may well determine whether we shall have local and regional explosionsi of racial tension and even violence in the streets, or achieve a peaceful and equitable adaptation to the situation. The NAACP and CORE and ad hoc coma nattees are leading, and doubtless will con- tinue to lead, demonstrations in the streets. Where these demonstrations consist of order- ly picketing that creates no disturbance of the peace, where they are basted on a factual determination of a failure by the employer within the limits of his ability to seek an accommodation of the needs of the Negroes for employment, I do:n't see how we can deny that these methods et protest are legitimate and acceptable. Who can blame Negroes for their burning desire to keep their cause alive and in the forefront of the public, which all too easily could subside into apathy if the pressure is not maintained? At the same time, I join those who deplore and object to the militant, extremist tactics of deliberate violation of the laws protecting the public peace and safety. Where demon- strations of civil disobedience slop over into actions that cause the necessity of mass arrests and arouse widespread public resent- ment, the progress of Negro rights is harmed anti retarded. Nothing could be worse for the stability of our society in the long run than a continua- tion of the calculated flouting of the au- thority of the courts that we have seen lately. Yet I feel strongly that the only way to contain the extremists in these situations is for the white community to give its sup- port to moderate leaders of the Negro com- munity in their appeal for action. It is up to the business and industrial leadership of the country, of the State, of the community to take the lead in changing the economic status of American Negroes and adjusting the scales o.r economic and social imbalance. A company can say the right things?most of our industries in the North and West are saying all the right things?but an extra effort beyond policy statements on nondis- crimination is required. Concrete programs of recruiting, hiring, and training need to be carried out. In this we must go beyond opening the door on lower paid jobs; we must find positions for Negroes on the managerial ladder. Now business is not organized philan- thropy, even though individual businessmen may be philanthropic. Nor is anyone close to this problem suggesting that business take ' over the functions that lawfully belong in Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 1964 CONMESSIONAL RECORD ? SENATE the field of public welfare. But business, as a rule, does not have much contact with the Negro community. It has no organized way of learning whether qualified candidates are available who could make a solid and lasting contribution to the success of the enterprise. But the will to do something is unmistakably there. I have had conversations with the top men in industries having the largest payrolls in San Francisco. I find a disposition among them to accept the proposition that they should take the lead in opening up jobs to Negroes, not only to prevent militant ex- tremists from exploiting resentment and deadlock, but because it is morally and so- cially right to do so. They have good will and understanding for the Negroes' aims toward self-betterment. They are ready to work at closing the gap which exists between the state of Negro education and training and the requirements of the labor market. They are ready to do this within the eco- nomic realities of running a business orga- nization, with full recognition of the larger social objective Involved. At management levels where hiring respon- sibilities are centered, there is a basic con- viction in favor of totally nondiscriminatory policies. Perhaps you have heard of the recent report on this question by the Anti- Defamation League of B'nai B'rith which says: "It is obvious that American industrial leaders today are much more conscious of their public responsibility than is generally thought. Despite misgivings about picket- ing, stuns and demonstrations, efforts by civil rights groups have made executives aware that industry cannot prosper in an atmosphere of conflict." The report goes on to say that while in- dustrial leaders are not talking about it pub- licly, the concept of more aggressive hiring of nonwhite workers is gaining increasing acceptance among major corporations. This sounding of executives was taken in 55 American companies. It supports my be- lief that the great majority of large indus- trial employers have accepted an affirmative and positive responsibility for Negro employ- ment. This is not merely vague and gen- eralized good will. The responsibility can be expressed in concrete terms along the fol- lowing lines: First, freedom from racial or religious dis- crimination in employment is a civil right to which minority group members are justly entitled under existing law in many States and under prospective Federal law. It is a private, as well as a public, responsibility to secure this freedom. Second, nondiscrimination should be a fixed and unequivocal policy in recruiting, interviewing, evaluating, hiring, training, and promoting qualified employees, from bottom to top. Third, employers should do all they can to open the door to employment for Negroes and members of other minority groups at the levels for which they are qualified, and to train them for advancement on the same basis as all other employees. Fourth, employers should apply merit em- ployment principles to all the terms, condi- tions, and benefits of employment. This means that merit, ability, and work perform- ance of minority group members will earn them equal consideration with other em- ployees in decisions on promotion, layoff and recall and discharge. Fifth, employers should give Negro em- ployees special consideration for access to training and apprenticeship programs. The five principles which I have just out- lined are actually embodied in many em- ployer codes, such as that of the Federated Employers of the bay area here in San Fran- cisco. I am not, therefore, suggesting any- thing unprecedented or novel to business- men and industrial executives. Indeed. these represent the minimum obligation that an employer should be willing to accept. But let us assume that all this is sub- scribed to. There remains the tremendous problem of finding Negroes who are qualified to fill job openings. Automation, by reducing the need for un- skilled and semiskilled jobs, is bringing about a continuous revision of job qualifications. As these technological changes take effect, it is estimated that as many as half of our high school graduates, Negro and white, will find it increasingly difficult to get employ- ment. Intensive searching among these high school trained youth may yield a modest in- ventory of employable Negro skills. But all the recruiting in the world, I fear, will come up short of finding, and placing, qualified Negroes in jobs to the extent that is required if real and substantial progress is to be made in bettering the economic status of Negroes in urban employment. Therefore the con- clusion has been reached, not alone by orga- nizations involved in the Negro struggle, but by many students of this critical problem, that the only way out of the vicious circle is to begin to hire what I would call "qualifi- able" Negroes and train them on the job. Unless industry is prepared to help him, the average young Negro coming into the job market today, untrained or partially trained, cannot hope to survive the declining eco- nomic demand for low skills--or no skills. To acquire skills, he must first have a chance to acquire schooling, training and experience. Schooling of course comes first. What are the young Negroes' chances of fully benefiting from it when he comes from a slum home? In this atmosphere of "cultural deprivation" we hear so much about, the chances that he can move out of the ranks of the unemployed are far from good. But let us say he overcomes these com- mon handicaps and finishes high school. At present there is no really effective link be- tween the school from which he graduates and the labor market. A blank wall of the white man's job world faces the young Negro. He is almost totally cut off from hope of ap- prenticeship to a skilled trade. Few unions go out of their way to qualify Negroes for craft skills, and some are indifferent if not hostile to their entry. Caught in this corner, Negro youth can hardly be blamed if it despairs, loses hope, and marches with smoldering resentment in street demonstrations. Yet, as we know, the demonstration can have a self-defeating ef- fect and make the circle of Negro unemploy- ment even more vicious than it is. If they will, employers can show the way out of the corner. Some members of the business com- munity are ready to help the Negro who is behind in the competition for jobs; the concept of aggressive hiring is gaining ground; indeed, wisdom suggests that the cost of ignoring the problem of Negro em- ployment may prove in the end to be con- siderably greater than the cost of doing something about it. It is surely not inconceivable that private employers should say to unqualified work- ers, both white and nonwhite: "If you have the aptitude but lack the skills, we'll train you." The idea of on-the-job training for the qualifiable workers is more acceptable when it is offered to all. But as it goes on, more Negroes than whites will be picked up in the process. I think we ought, however, to note a differ- ence between the voluntary act of hiring Negroes to qualify them for employment and the involuntary process of fixed-quota em- ployment. Setting fixed quotas is a frequent demand of Negro acitonists; but I feel that it is unsound; it is a negation of the concept We are trying to enlarge, that a man and his skills are valuable for what they are, with- out regard to his color. Employers should 17089 not be expected to capitulate to the pressure for what has been called racism in reverse, and I am sure they will not do so. In the 1930's, there began a necessary and reasonable movement of workers, backed by law, to acquire job security through union organization. Wherever industry resisted this effort, it only succeeded in strengthen- ing and toughening trade union strength. While the situations may not be parallel, in- dustry should not commit the same mistake now of failing to make an accommodation with the unorganized, but organizable, strength of the Negro minority. And what about the unions? Some have done an acceptable, some an excellent job of opening their membership and job opportunities to Negroes. Others have a long history of discrimination, and today find themselves trapped in this situ- ation: with a limited number of jobs avail- able, the white members of a predominantly white union will fight tenaciously to preserve their seniority rights to jobs by keeping Ne- groes out. Because of this past experience, it is going to be difficult for unions that discriminate to remedy their errors, unless more jobs are created. But to the extent possible it must be done. The community should intensify the pressure of opinion to bring about the abolition of this insidious and unjustifiable racial discrimination. Given the competition for union-controlled employment, given the competition among employers to keep up efficiency in order to maintain profits at satisfactory levels, our economic system must nevertheless develop approaches to the attack on the problem of Negro employment. In spite of the militancy of some pressure groups, in spite of the lack of skills among many Negro job applicants, in the face of the Negro's handicaps arising from inherited un- employment, American business, California business, San Francisco Bay area business cannot say that this is too tough a job. Businessmen are in a more influential posi- tion than any other group to build the con- fidence and faith of Negroes in the equity and justice of our society, which white and black inseparably share. It is an opportunity to be seized. It could be a supreme con- tribution to our national life and character. The light of America, darkened by the racial cloud, would brighten and shine more bril- liant than ever. Our economic system is capable of this. We are under the world's unforgiving ob- servation. We have arrived at a conjuncture of time and circumstance in which it is possible to proceed to the liquidation of this problem. THE GOLDEN ANNIVERSARY OF THE AMALGAMATED CLOTHING WORKERS OF AMERICA, AFL?CIO Mr. KUCHEL. Mr. President, the year 1964 marks the golden anniversary of the founding of the Amalgamated Clothing Workers of America, AFL-CIO. I am happy to acknowledge this land- mark in American labor history and pay tribute to the members of the Amal- gamated?both past and present?who helped make it the fine union it is today. To recall the grim conditions facing the average garment worker when this union was founded in 1914 is to realize the great debt we all owe to this vigorous organization. In a most dramatic half century of labor progress, the Amal- gamated succeeded in raising the aver- age garment worker from the humiliat- ing degradation of the sweatshop to the place he or she now holds today as a Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17090 CONGRESSIONAL RECORD SENATE August 1 vigorous and dignified member of the community. There are many major areas of labor welfare in which the Amalgamated Pio- neered. It was one of the first unions to Launch cooperative housing projects, the !first one being constructed in 1926. Since that time the union has con- structed four major low-cost cooperative housing projects, costing $60 million, and owned jointly by 5,000 tenant-coopera- tors. The Amalgamated was also one of the first unions to establish a labor bank. During 1922 and 1923 it opened the Amalgamated Savings & Trust Co. of Chicago and the Amalgamated Bank of New York. Both institutions were de- signed as "workers' bank," offering low- cost loans, transmission of money over- seas, and bank hours adjusted to workers' schedules. Another First for the Amalgamated was the establkshment of clinics throughout the country to provide low-cost medical care to thousands of its members and their families. Amalgamated members and their employers also contribute to an unemployment fund which antici- pated the Federal Social Security Act and Federal unemployment insurance by a dozen years. In additem to its great contributions to worker welfare, the Amalgamated has also pioneered in the field of amicable union-management relationships. One evidence of the effectiveness of this policy is the fact that relations between the union and one of its major employers have not been marred by a strike in the entire 50 years the union has been in existence. The Amalgamated has made it official policy to comprehend the needs of management as well as the needs of its own members. The 50-year history of the Amalga- mated Clothing Workers of America symbolizes the ability of our democracy to produce lively and meaningful organi- zations which serve well the needs of our people. The members of the Amalga- mated can truly be proud of their first half century of existence. I wish this great American union many more years of continued service, both to its own membership and to the American people as a whole BUSINESS OUTLOOK?ECONOMIC SUCCESS IS POSTWAR VICTORY Mr. HIDVIPHREY. Mr. President, re- cently I noticed an article in one of our leading newspapers of the Midwest, the Minneapolis Morning Tribune, entitled, "Economic Success Is Postwar Victory." The article is by Mr. J. A. Livingston. a respected and noted columnist and writ- er in the field of economics. I call it to the attention of the Senate because in days when so many people are telling us of the phenomenal success of the Communist bloc?or, should I say, the alleged phenomenal successes of the Communist bloc?it is good to know the facts in reference to the achieve- ments of the American free enterprise system and of our own economic society. Mr. taleringston says in the opening para- graphs: In the postwar struggle against commu- nism, the United States has gained an un- recorded. unnoticed victory?a victory which, If our luck holds, eventually Will lind its way into long and fateful pasoages In political histories. A review of the cold war brings immediate- ly to mind 'military or political successes, such as the rollback of Communist Party strength in France and Italy, the ouster of Communists from Greece, the Berlin airlift, and iihe Cuban blockade. More telling, but less dramatic, is our eco- nomm achievement at home, an achievement for which all of us can take a bow. We have proved the lie of Marxist dogma by making a mockery of predictions by Communist economists that depression-prone capitalism would take another header in the United States after World War H. Mr. President, I consider this to be one of the most telling and revealing state- ments relating to the contest between tee two societies?the Communist so- ciety and the democratic society?that I have ever read. I thought it sufficient- ly significant so that I would like to share II, with those who read the CONGRESSIONAL Rzeoen, and with our colleagues in Con- gress. I commend Mr. Livingston for stating succinctly, concisely, and directly the success story of America a capitalism, the American free enterprise system, in this trying and crucial postwar period, at a time when we have had world leadership, et a time when we had to share our wealth and energy with peoples all over the world, at a time when we had to face the tremendous challenge of Communist Lggression. Nevertheless, during that time of trouble and difficulty, we have achieved the greatest success that the world has ever known. I think it ought to be heralded by the American people, regardless of their political persuasion, vocation, or avocation. I ask unanimous consent that the arti- cle by Mr. J. A. Livingston, published in the Minneapolis Morning Tribune en- titled "Business Outlook?Economic Suc- cess Is Postwar Victory,'' may be printed at this point in the REcOaD. There being no objection, the article was ordered to be printed in the RECORD, us follows: BUSINESS OuTLocnc?Eco :COMIC SUCCESS IS POSTWAR VICTORY (By J. A. Livingston) In the postwar struggle against commu- nism, the United States has gained an unre- corded, unnoticed victory?a victory which, if oar luck holds, eventually will find its way Into long and fateful passages in political histories. A review of the cold war brings immedi- ately to mind military or political successes, suc]2 as the rollback of Communist Party strength in France and Daly; the ouster of Communists from Greece; the Berlin airlift, and the Cuban blockade. More telling, but less dramatic, is our eco- 31001iC achievement at home, an achieve- ment for which all of us can take a bow. We have proved the lie of Marxist dogma by making a mockery of predictions by Corn- mimist economists that depression-prone capitalism would take ancther header in the United States after 'World War U. The success has forced a change in termi- nology. The bowl-shaped indentations on charts of pre-World War II slumps in Amer- ica prompted the wcrd "depression." But this description did not suit the saucerlike letdowns since the end, of the war. The National Bureau of Economic Research has analyzed business cycles back to 1854. The average downturn before World War II was 21 months. Since the war, the longest single downturn has lasted but 14 months. The postwar average IF only 10 months. Information on the severity of depres- sions--percentage drops in industrial produc- tion?is not adequate going way back. But we know this: Industrial production in the five depressions between 1920 and the out- break of World War II declined 27 percent on the average. If the great depression is ex- cluded, the average drop is only 21 percent, but that still exceeds the most severe contrac- tion of the postwar period-14 percent. To be sure, the expansions?the recoveries from recession?have not always been so long-lasting or so virile as Presidents and Presidential advisers would have liked. The short-lived 1958-80 advance (only 25 months) provided John F. Kennedy, as candidate for President, with his campaign slogan to "get the country moving again." Nonetheless, the gains have been striking, and the current advance of 41 months is not only well beyond the 30-month long-term average but promises to be the longest peace- time advance in history, even longer than the 1949-53 recovery that was helped along by the Korean war. PRESIDENT OPTIMISTIC OVER ECONOMY Mr. HUMPHREY. Mr. President, I ask unanimous consent that an article published in the NE:W York Herald Trib- une on July 11, 1964, written by Mr. Tom Lambert, entitled "President Sees Econ- omy Booming, Promises More 'Good News' Soon" and an article published in the Washington Post of July 11, 1964, written by Mr. Laurence Stern, entitled "L.B.J. Paints Rosy View of Economy," be printed at this point in the RECORD. There being no objection, the articles were ordered to be printed in the RECORD, as follows: [From the New York Herald Tribune, July 11, 19641 PRESIDENT SIMS ECONOMY BOOMING, PROMISES MORE GOOD NEWS SOON (By Toni Lambert) WAsnnvoroN.?Pre( ident Johnson coun- tered Senator BARRE GOLDWATER'S accusationa of fiscal irresponsibility yesterday with a barrage of glowing statistics and statements from experts indicating this country's econ- omy is flourishing. Mr. Johnson told a hastily summoned news conference in the White Rouse Cabinet ROOM that he expects to announce more economic "good news" shortly about fiscal year 1964, Which ended June 30. And "as far as the trained eye can see," Mr. Johnson went on happily, the national economy will continue improving into 1965? after the forthcoming presidential election. Seemingly enjoying the Republicans' cur- rent presidential platform and nomination troubles but refusing loftily to try to ex- acerbate them, the President declined com- ment on Senator GOLDWATER'S recent remarks that no Republican could oust Mr. Johnson from the White Howie as of now. With a twinkling eye and a slow smile, the President said, "I think the Republican Party has enough problems already without thy adding to them n any way." The President was equally unresponsive to several questions about Democratic Party Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 1964 'CONGRESSIONAL RECORD?SENATE politics and his running mate on this year's ticket. Asked if backing by northern big-city Democratic bosses might help Attorney Gen- eral Robert Nermedy obtain the vice-presi- dential nomination, the President replied obliquely: I think the delegates to the convention, after they nominate the President, will act on the vice-presidential nomination, and I plan to make recommendations to them in that connection, as is customary, if I am the nominee." Mr. Johnson evinced no uneasi- ness that he might not be the nominee. "I believe the convention will select the man that is available who has the best quali- fications to occupy the office of Vice Presi- dent, and President if he should be called upon to do that," Mr. Johnson continued: The President said he intended to talk yesterday with visiting Chicago Mayor Richard Daley, but added that he had no plans to discuss the Vice Presidential nomi- nation with him. Mr. Johnson was noncommittal when asked if Alabama Gov. George Wallace's "political activity" was more hurtful to the Democrats than the Republicans, or vice versa, saying he has not studied or evaluated Governor Wallace's efforts. However, the President called reporters' attention to a Washington newspaper's assessment that the Alabaman's candidacy is "more damaging to GOLDWATER than to Johnson." The President devoted a goodly portion of his news conference to a midyear report on the national economy. And as he viewed it, the economy is in fine shape. Employment is up, with 1.2 million more persons working than 6 months ago, he said, and average weekly earnings in manufactur- ing hit a new high of $100 in May, up $3.74 over the same month last year. ? Incomes and profits are higher today than 1 year ago, he went on, with the average American family of four having gained about $500 of annual income last year, after taxes. Prices are stable, the President continued, and the public and business community are - filled wtih "calm confidence." "People know that times are good and get- ting better and they are responding wisely, investing soundly and showing restraint in price and wage policies," he said in words expected to be heard from many a campaign platform later this year. lir. Johnson did not elaborate on the "good news" he hopes to announce soon about the Government's financial position at the end of fiscal year 1964. Some sources expect hint to confirm a recent New York Herald Tribune report that Government spending fell below the official estimate of $98.3 billion and might go as low as $97 billion. After reeling off his statistics, the Presi- dent noted that collective bargaining nego- tiations now are underway in the auto- mobile industry. The outcome can have a "profound impact upon our future price sta- bility," he said, adding he was confident the negotiators will work out a responsible set- tlement. Asked to comment on Senator GoLnwAvEit's "charges of fiscal irresponsibility in your administration," Mr. Johnson said he did not know precisely what the probable Re- ? publican presidential candidate had alleged. The President then cited wtih relish a variety of approving comment on the na- tional economy by such persons and orga- nizations as Henry Ford U, the American Bankers' Association, the National Research Bureau, and the Morgan Guaranty Trust Co. Those commentators, Mr. Johnson re- "are in authoritative positions to cle- tern-dile the fiscal responsibility of this ad- ministration: without any other motives." Be teamed to be implying that Senator GOLD- WATER'S accusations were politically moti- Va,ted. No. 148-2 [From the Washington (D.C.) Poet, July 11, 1964] L.B.J. PAINTS ROSY VIEW or FrCONOMY : "Trams ARE GOOD?AND GUTTING Bwraza," PRESI- DENT BAYS (By Laurence Stern) President Johnson painted a rosy picture yesterday of a national economy that he said will continue to boom "as far as the trained eye can see into 1965." In his first formal press conference since June 23, the President laid heavy stress on midyear indicators showing that employ- ment, profits, wages, and dividends were surging ahead under his administration. "People know that times are good and that they are getting better ? * *" the President observed in the course of the impromptu conference, from which he strained out any overtly political comment. Not only did he decline to be drawn into a discussion of his prospective vice presi- dential running mate, but he even refrained from talking about the divisions afflicting the Republican Party in San Francisco. ENOUGH PROBLEMS "I think the Republican Party has enough problenis without my adding to them in any way," he said. The news conference was held in the Cabi- net Room immediately after Mr. Johnson pre- sented the Distinguished Service Medal to Adm. Harry D. Felt, recently retired as U.S. commander in the Paciftc. Only in one instance did the President allow himself to be drawn into a remotely partisan exchange. This was when he was asked whether he had any comment on Sen- ator BARRY GOLDWATER'S charge that the ad- ministration is fiscally irresponsible, Mr. Johnson seemed unusually well pre- pared for the question. He replied that he didn't know what GOLDWATER may have said. But then he reeled off a list of laudatory comments on his fiscal-policies by the Ameri- can Bankers Association, Henry Ford, the Wall Street Journal, the National Research Bureau, Financial Columnist Sylvia Porter, the Morgan Guaranty Trust Co., and the New York Times. SIDESTEPS ON WALLACE The President archly brushed aside a ques- tion about whether he thought the candi- dacy of Alabama Gov. George C. Wallace would do more damage to the Republicans or Democrats. "I am not in the polling business," said the President, "but I did, I believe, read this morning a poll on the front page of the Washington paper, and I think there is a copy there in my office that you can see." He was referring to a Louis Harris poll in- dicating that Wallace's candidacy would draw more votes away from Senator GOLD- WATER than from Mr. Johnson in the general election. ASKED ABOUT BAKER Asked for comment on the Senate Rules Committee report on the Bobby Baker in- vestigation, the President said only that "it will be read and thoroughly considered and such action as the Senate feels justified will be taken." After the news conference, however, a White House press aid circulated through the press quarters to find out which reporter had asked the question. The President also served notice to auto- mobile industry and union negotiators that he would like them to achieve a noninflation- ary agreement without Government inter- vention. In his rosy review of midyear economic prospects the President dropped some new statistics and a good many old ones. REPORTS SALES SPURT He did disclose that retail sales in June held to the strong May rate and were 6.2 percent above last year's levels. Sales dur- 17091 ing the week ending July 4, he said, spurted 11 percent above the comparable period last year. During the past year, he said, a family of four gained about $500 in annual income after taxes?a rate which he noted was matched only once in peacetime history, in 1948. Mr. Johnson praised the House for its effi- ciency and speed in completing action on the regular 1965 money bills. lie also noted that his requests were cut by less than half as much as the budget submitted last year by President Kennedy. The current cuts of 3 percent, said the President, come as "welcome confirmation of our belief back in January that we were sub- mitting a budget that would be hard to cut." LEGISLATIVE APPORTIONMENT CASES Mr. ERVIN. Mr. President, those of us who believe that the Supreme Court should interpret; that Is, ascertain the meaning of the Constitution, rather than amend it; that is, change its meaning, were much disturbed by the decisions of the majority of the Court in Reynolds against Sims and the other legislative apportionment cases-12 L. Ed. 2d 506? decided on June 15, 1964. One of the ablest constitutional law- yers who has ever adorned the Court, Justice John M. Harlan, wrote a dis- senting opinion in these cases, which sets forth in cogent and illuminating fashion the grounds for our misgivings. Justice Harlan stated with complete candor "that the vitality of our political system, in which in the last analysis all else de- pends, is weakened by reliance on the judiciary for political reform" and that "when, in the name of constitutional in- terpretation, the Court adds something to the Constitution that was deliberately excluded from it, the Court in reality substitutes its view of what should be so for the amending process." Justice Harlan's dissenting opinion in these cases should receive the thought- ful consideration of all Americans, and especially those Americans who share the view expressed by the great English statesman, William Ewart Gladstone, in these words: I have always regarded the Constitution as the most remarkable work known to me in modern times to have been produced by the human intellect, at a single stroke (so to speak), in its application to political affairs. For this reason, I ask unanimbus con- sent that Justice Harlan's dissenting opinion be printed at this point in the body of the RECORD. There being no objection, the dissent- ing opinion of Justice Harlan was ordered to be printed in the RECORD, as follows: Mr. Justice Harlan, dissenting.* In these cases the Court holds that seats in the legislatures of six States I are apportioned *EDITOR'S NOTE?This opinion als4 applies to WMCA, Inc. v. Lomenzo, (No. 20), p. 568, infra; Maryland Committee for Fair Repre- sentation. v. Tawes (No. 29), p. 595, infra; Davis v. Mann (No. 69), p. 609, infra; Roman v. Sincock (No. 307), p. 620, infra; and Lucas v. Forty- fourth. General Assembly of the State of Colorado (No. 508), p. 632, infra. Alabama, Colorado, Delaware, Maryland, New York, Virginia. Approved For Release 2002/01/23 : CIA-RDP751300380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17092 CONGRESSIONAL RECORD - SENATE in ways that violate the Federal Constitu- tion. Under the Court's ruling it is bound to follow that the legislatures in all but a few of the other 44 States will meet the same fate.8 These decisions, with Wesberry v. Sanders, 376 U.S. 1, 11 L. ed, 24 481, 84 S. Ct. 526, involving congressional districting by the States, and Gray v. Sanders, 372 U.S. 368, 9 L. ed. 241 821. 83 S. Ct. 801, relating to elections for statewide office, have the effect of plating basic aspects of State po- litical systems under the pervasive overlord- ship of the Federal judiciary. Once again, I must register my protest. ARELIMINARY STATEMENT Today's holding is that the equal protec- tion clause of the 14th amendment requires every State to structure its legislatiure so that all the members of each house represent substantialty the same number of people; other lectors may be given play only to the extent that they do not significantly encroach on this basic population principle. Whatever may be thooght of this holding as a piece of political ideology-and even on that score the political history and practices of this country from its earliest beginnings leave wide room for debate (see the dissenting opinion of Frankfurter, J., in Baker v. Carr, 369 U.S. 186 266, 301-323, 7 L. ed. 2d 663, 714, 734-746, 82 S. Ct. 691) -I think it demon- strable that the 14th amendment does not impose this political tenet on the States or authorize this Court to do so. The Court's constitutional discussion, found in Me opinion in the Alabama cases (Nos. 23, 27, 41, ante, p. 506) and- more par- ticularly at pages 527-531 thereof, is re- markable (as, indeed, is that found in the separate opinions- of my Brothers Stewart and Clark, ante, pp. 542, 543) for its failure to address Meat' at all to the 14th amendment as a whole oe to the legislative history of the amendment ,eertinent to the matter at band. Stripped of aphorisms, the Court'a argument boils down to the assertion that petitioners' right to vote has been brvidicently-"debeaed" or "diluted" by systems or apportionment which entitle thein to vote fog fewer legis- lators than other votes, art aasertatien which Is tied to the emeed, protection clause only by the constitutionally frail tautology that 'equal" means "equal." Rad the Court paused to probe more deeply into the matter, it would have found that the equal pretection Manse was never intend- ed to inhibie, the States in choosing any democratic method they pleased for the apportionreeet of their legislatures. This Is shown by the language of the lath amend- ment taken es a whole, by the understand- ing of those who proposed and ratified it, and by the political practices of the States at the time the amendment was adopted. It is confirmed by numerous State and con- 'In the Virigina case, Davis V. Mann, U.S. -, 12 L. MI. 24-609, 84 S. Ct. -, the de- fendants introduced an exhibit prepared by the staff of the Bureau of Public Administra- tion of the University of Virginia in which the Virginia Legislature, now held to be un- constitutionally apportioned, was ranked eighth among the 50 States in "representa- tiveness," with population taken as the basis ol representation. The Court notes that be- fore the end at 1902, litigation attacking the apportionment of State legislatures had been instituted in at least 34 States. Ante, p. 524, note 30. See infra, p. 555. 'See Baker Cart, 369 U.S. 188, 330, 7 L- ien 24 663. 750. 82 S. 'Ct. 691, and the dis- senting opinion of Frankfurter, J., in which joined, id., 363 U0. at 266, 7 L. Ed. 26. at 714; Gray v. Sanders, 372 U.S. 368, 382, Ed. 24 821, 13 S. Ct. 801; Wesberry v. Sanders, 3'76 U.S. 1, 20, 11 L. Id. 24 481. 484, 84 S. 04. 626. gressional actions since the adoption of the 14th amendment, and by the common under- standing of the amendment as evidenced by antesequent constitutional amendments and dealsions of this Court before Baker v. Carr supra, made an abrupt break with the past In 1962. The failure of the Court to consider any of these matters cannot be excused or ex- plained by any concept of "developing" con- stieutionalisrn. It is meaningless to speak of constitutional "development" when both the language and history of th.e controlling previsions of the Constitution are wholly ignored. Since it can, I think, be shown be- eox.d doubt that State legislative apportion- :meats, as such, are wholly free of con- stitutional limitations, save such as may be Imposed by the Repeblican Form of Gem- ernment Clause (Comet., art. IV, sec. 4) e the court's action now bringing them within the purview of the 14th ameniment amounts to nothing less than an exercise of the amend- ing power by this Court. So far as the Federal Constitution is con- center'. the complaints in these cases should all have been dismissed below for failure to state a cause of action, heeause what has teen alleged or proved shows no violation of any constitutional right. Before proceeding to my argument it should be observed that nothing done in Baker v. Carn supra, or in the two cases that follevred in its wake, Gray v. Sanders and Wesherry v. Sanders, supri? from which the Court quotes at some length, forecloses the conetusion which I reach. Baker decided only that claims such as those made here are within the competence ee the Federal courts to adjudicate. Al- though the Court stated as its conclusion that the al.legationet of a denial of equal pronictiort presented "a justiciable constitu- 'Clore.' cause of action," 369 U.S. at 237, 7 L. Ed. nri at 697, it is evident from the Court's opinion that it was concerned all but ex- clusively with justinciability and gave no eeriseas attention to the queetfon whether the equal protection clause touches State legis- lative apportionments. Neither the opinion of the Court nor any of the concurring opin- to:as eonsidered the relevant; text of the 14th amendment or any of the historical mate- riels bearing on that question. None of the That clause, which manifestly has no beams on the claims made in these cases, see V. Elliott's Debates on the Adoption of this Federal Constitution (1845), 332-333, could not in any event be the foundation for Judicial relief. Luther v. Borden, 7 How I, 42-44, 12 L. Ed. 2e1 599; Ohio ex rel. Bryant v. Akron Metropolitan Park District, 281 U.S. '14, 79-80, '74 L. Ed. 711, 715, 50 S. Ct. 228, et ALR 1460; Eighland Farms Dairy, Inc. v. Agnew, 300 U.S. 608, 612, L. Ed. 835, 839, 57 S. Ct. 549. In Bake' v. CST?, supra, 359 U.S. at 227, 7 L. Ed. 24 at 691, the Court stated that reliance on the Republican Form of Government Clause, "would be futile." 8 It is fair to say that, beyond discussion of a large number of cases having no relevance to this question, the Court's views on, this subject were fully stated in the compass of a single sentence: "Judicial standards under the equal protection clause are well devel- oped and familiar, ami it has been open to courts since the enactment of the 14th amendment to determine, if en the particu- lar facts they must, that a discrimination "retest:1a no policy, but simply arbitrary and capricious action." 369 U.S. at 226, 7 L. Ed. 2d at 691. Encept perhaps for the "crazy quilt" doe- trin,e of my Brother Clark, 369 U.S. at 251. 7 L. Ed. 24 at 705, nothing in added to this by any of the concurring opinions, id., at 241, 2115, 7 L. Ed. 24 at 700, 713. August 1 materials was briefed or otherwise brought to the Court's attention? In the Gray case the Court expressly laid aside the applicability to State legislative apportionments of the "one person, one vote" theory there found to require the striking down of the Georgia county unit system, See 372 US. at 376, 9 L. ed. 24 at 827, and the, coneurring opinion of Stewart. J., joined by Clark, J., id., at 381-382,0 L. ed. 24 at 831. Isa Wesherry, inveaving congrrasional dis- tricting, the declaim rested on article 1, section 2, of the Constitution. The Court expressly Md not roach the arguments put forward concerning the equal protection claues. See 370 U.S. at 8, note 10, 11 L. ed. 211 at 487. Thus it seems abundantly clear that the Court is entirely free to deal with the cases presently before it. te light of materials now called to its attention for the first time, To these I now tura. A. The language ct,' the 14th amendnzent The Court relies exclusively on that pore tion of section 1 of the 14th amendment which provides that no State shall "deny to any person within its jurisdiction the equal protection of the laws," and disregards en- tirely the sip:11114am* of section 2, which reads: "Representatives ishall be apportioned- among the several States according to their- respective numbers counting the whole num- ber of persons in each State, excluding Indi- ans not taxed. 'But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congres, the ex- ecutive and judicial officers of a State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State. being 21 years of age, and citi- zens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens 21 years of age in such State." The amendneent Is a single text. It was introduced and discussed as such in the reconstruction committee,' which reported it to the Congress. 31 was discussed as a unit in Congress and proposed as a unit to the States,8 which ratified it as a unit. A ' proposal to split up the amendment and submit each section to the States as a sep- arate amendment was rejected by the Senate, Whatever one might take to be the applica- tion to these cases of the equal protection clause if it stood alone, I am unable to under- ' stand the-Court's utter disregard of the sec- ond section which expeessly recognizes the States' power to deny "or in any way" abridge the right of their inhabitants to vote for "the members of the Mate) legislature," and its express provision of a remedy for such denial or abridgment. The comprehensive scope of the second section and its particular refer- ence to the State legislatures precludes the suggestion that the first section was intended e The cryptic renaands in Scho/ie v. hare, 369 UM 420, 8-L. Ed. 2d 1, 82 S. Ct. 916, and WMCA, Inc. v. Simon, 870 U.S. 190, 8 L. Ed, 430, 82 S. Ct. 1234, on the authority of Baker, had nothing to say on the question now be- fore the Court. "See the Journal of the Committee, re- printed in Kendrick, the Journal of the Joint Committee of Fifteen on Reconstruction (1914), 83-117. 8See the debates in Congress, Cong. Globe, 39th Cong., 1st sew, 2454-3148, passim (1866) (hereafter Globe). Globe 3040. Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 1964 CONGRESSIONAL RECORD ? SENATE 17093 to have the result reached by the Court today. If indeed the words of the 14th amendment speak for themselves, as the majority's dis- regard of history seems to imply, they speak as clearly as may be against the construction which the majority puts on them But we are not limited to the language of the amend- ment itself. B. Proposal and ratification of the amendment The history of the adoption of the 14th amendment provides coriclasiev evidence that neither those who proposed nor those who ratified the amendment believed that the equal protection clause limited the power of the States to apportion their legislatures as they say fit. Moreover, the history demon- strates that the intention to leave this power undisturbed was deliberate and was widely believed to be essential to the adoption of the amendment. (1) Proposal of the amendment in Con- gress: A resolution proposing what became the 14th amendment was reported to both Houses of Congress by the Reconstruction Committee of Fifteen on April 30, 1866.10 The first two sections of the proposed amend- ment read: "Sac. 1. No State shall make or enforce any law which shall abridge 'the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process or law; nor deny to any person within its juris- diction the equal protection of the laws. "SEC. 2. Representatives shall be appor- tioned among the several States which may be included within this Union, according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But whenever, in any State, the elective franchise shall be denied to any portion of its male citizens not less than 21 years of age, or in any way abridged except for participation in rebellion or other crime, the basis of representation in such State shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens not less than 21 years of age." 11 In the House, Thaddeus Stevens intro- duced debate on the resolution on May 8. In his opening remarks, Stevens explained why he supported the resolution although it fell "far short" of his wishes: "I believe it is all that can be obtained in the present state of public opinion. Not only Congress but the several States are to be consulted. Upon a careful survey of the Whole ground, we did not believe that 19 of the loyal States could be induced to ratify any proposition more stringent than this." 1, In explanation of this belief, he asked the Rouse to remember "that 3 months since, and more, the committee reported and the House adopted a proposed amendment fixing the basis of representation in such way as would surely have secured the enfranchise- ment of every citizen at no distant period," but that proposal had been rejected by the Senate?, "Globe 2265, 2286. 11 As reported in the House. Globe 2286. For prior versions of the amendment in the Reconstruction Committee, see Kendrick, op. cit., supra, note 7, 83-117. The work of the Reconstruction Committee is discussed in Kendrick, supra, and Flack, the adoption of the 14th amendment (1908), 55-139, passim. 14 Globe 2459. 1, Ibid. Stevens was referring to a pro- posed amendment to the Constitution which provided that "whenever the elective fran- chise shall be denied or abridged in any State on account of race or color, all persons therein of such race or color shall be ex- cluded from the basis of representation." Globe 535. It passed the House, id., at 538, but did not muster the necessary two-thirds vote in the Senate, id., at 1289. He then explained the impact of the first section of the proposed amendment, particu- larly the equal protection clause. "This amendment ? * * allows Congress to correct the unjust legislation of the States, so far that the law which operates upon one man shall operate equally upon all. Whatever law punishes a white man for a crime shall punish the black man precisely in the same way and to the same degree. Whatever law protects the white man shall afford 'equal' protection to the black man. Whatever means to redress is afforded to one shall be afforded to all. Whatever law allows the white man to testify in court shall al- low the man of color to do the same. These are great advantages over their present codes. New different degrees of punishment are in- flicted, not on account of the magnitude of the crime, but according to the color of the skin. Now color disqualifies a man from testifying in courts, or being tried in the same way as white men. I need not enu- merate these partial and oppressive laws. Unless the Constitution should restrain them those States will all, I fear, keep up this discrimination, and crush to death the hated freedmen," " He turned next to the second section, which he said he considered "the most im- portant in the article." 16 Its effect, he said, was to fix "the basis of representation in Congress." 16 In unmistakable terms, he rec- ognized the power of a State to withhold the right to vote: "If any State shall exclude any of her adult male citizens from the elective fran- chise, or abridge that right, she shall forfeit her right to representation in the same pro- portion. The effect of this provision will be either to compel the States to grant universal suffrage or so to shear them of their power as to keep them forever in a hopeless minor- ity in the National Government, both legis- lative and executive." Closing his discussion of the second sec- tion, he noted his dislike for the fact that it allowed "the States to discriminate [with respect to the right to vote] among the same class, and receive proportionate credit in representation." 18 Toward the end of the debate 3 days later, Mr. Bingham, the author of the first section in the Reconstruction Committee and its leading proponent,10 concluded his discus- sion of it with the following: "Allow me, Mr. Speaker, in passing, to say that this amendment takes from no State any right that ever pertained to it. No State ever had the right under the forms of law or otherwise, to deny to any freeman the equal protection of . the laws or to abridge the privileges or immunities of any citizen of the Republic, although many of them have assumed and exercised the power, and that without remedy. The amendment does not give, as the second section shows, the power to Congress of regulating suffrage in the several States." 20 He immediately continued; "The second section excludes the conclu- sion that by the first section suffrage is sub- jected to congressional law; save, indeed, with this exception, that as the right in the peo- ple of each State to a republican government and to choose their Representatives in Con- gress is of the guarantees of the Constitu- tion, by this amendment a remedy might be given directly for a case supposed by Madison, where treason might change a State govern- ment from a republican to a despotic govern- Globe 2459. * 15 Ibid. IA Ibid. 17 Ibid. "Globe 2460. 10 Kendrick, op. cit., supra, note 7, 87, 106; Flack, op. cit., supra, note 11, 60-68, 71. 20 Globe 2542. ment, and thereby deny suffrage to the peo- ple." 21 He stated at another point in. his re- marks: "To be sure we all agree, and the great body of the people of this country agree, and the committee thus far in reporting measures of reconstruction agree, that the exercise of the elective franchise, though it be one of the privileges of a citizen of the Republic, is exclusively under the control of the States." 20 In the 3 days of debate which separate the opening and closing remarks, both made by members of the reconstrution committee, every speaker on the resolution, with a single doubtful exception?, assumed without ques- tion that, as Mr. Bingham said, supra, "the second section excludes the conclusion that by the first section suffrage is subjected to congressional law." The assumption was neither inadvertent nor silent. Much of the debate concerned the change in the basis of representation effected by the second sec- tion, and the speakers stated repeatedly, in express terms or by unmistakable implica- tion, that the States retained the power to regulate suffrage within their borders. At- tached as appendix A hereto are some of those statements. The resolution was adopted by the House without change on May /0.24 Debate in the Senate began on May 23, and followed the same pattern. Speaking for the Senate chairman of the Reconstruction committee, who was ill, Senator Howard, also a member of the committee, explained the meaning of the equal protection clause as fol- lows: "The last two clauses of the first section of the amendment disable a State from de- priving not merely a citizen of the United States, but any person, whoever he may be, of life, liberty, or property without due proc- ess of law, or from denying to him the equal protection of the laws of the State. This abolishes all class legislation in the States and does away with the injustice of sub- jecting one caste of persons to a code not applicable to another. It prohibits the hang- ing of a black man for a crime for which the white man is not to be hanged. It protects the black man in his fundamental rights as a citizen with the same shield which it throws over the white man. Is it not time, Mr. President, that we extend to the black man, I had almost called it the poor privilege of the equal protection of -the law? "But, sir, the first section of the proposed amendment does not give to either of these classes the right of voting. The right of suffrage is not, in law, one of the privileges or immunities thus secured by the Constitu- toin. It is merely the creature of law. It has always been regarded in this country as the result of positive local law, not regarded as one of those fundamental rights lying at the basis of all society and without which a people cannot exist except as slaves, subject to a depotism [sic]." 20 Discussing the second section, he ex- pressed his regret that it did "not recognize the authority of the United States over the 0' Ibid. It is evident from the context of the reference to a republican government that Bingham did not regard limitations on the right to vote or the denial of the vote to specified categories of individuals as vio- lating the guarantee of a republican form of government. 22 Ibid. " Representative Rogers, who voted against the resolution, Globe 2545, suggested that the right to vote might be covered by the Privi- leges .and Immunities Clause, Globe 2538. But immediately thereafter he discussed the possibility that the Southern States might "refuse to allow the Negroes to vote." Ibid. " Globe 2545. 20 Globe 2766. Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17094 CONGRESSIONAL RECORD - SENATE question of suffrage in the several States et all.", He justified the limited purpose of the amendment in this regard as follows: "But, sir, it is not the question here what will we deg it is not the question what you, or I, or halt a dozen other members of the Senate may prefer in respect to colored suf- frage; it is not entirely the question what measure we can pass through the two Houses; but the question really is, what wid the legislatures of the various States to whom these amendments are to be sub- mitted do in the premises; what is it likely' will meet: the general approbation of the people who are to elect the legislatures, three- fourths of whom must ratify our proposi- tions before they have the force of consti- tutional provisions? "The committee were of opinion that the States are not yet prepared to sanction se fundamer tal a change as would be the con- cession of the right of suffrage to the colored race. we may as well state it plainly aue fairly, so that there shall be no misunder- standing on the eilbject. It was our opinior. that three-fourths of the States of this: Union cotld not be induced to vote to grant the right of suffrage, even in any degree or under any restriction, to the colored race * * *, "The second section leaves the right to regulate the elective franchise still with the States, and does not meddle with that rig ht." 21 There was not in the Senate, as there had been In the House, a closing speech. in es- planation of the =wade:tent- 13nt because the Senate considered, and linen* adopted, several changes in the flint and second sec- tions, even more attention was given to the problem of voting rights there than had been given in tate House. In the Senate, it was fully understood by everyone that neither the first nor the second section in- terfered with the right of the States to reg- ulate the elective franchise. Attantted as Appendix 11 hereto are representative state- ments from the debates to that effect. After having changed the proposed amendment to the form in which it wail adopted, the Sen- ate passed the resolution on June 8, 1866." As changed, it peened in the House on June (ii) Ratification by the "loyal" States: Reports of the debates in the State legisla- tures on the ratification of the 14th amend- ment are not generally available. , There is, however., compelling indirect evideuee. Of the 23 loyal States which ratified the amendment before l870 B haat Constitu- tional provisions for apportionment of at least 1 house of their respective legisla- 26 Ibid. 27 Ibid. " Globe 3342. 29 Globe 3148. n Such evidence as there is, mostly com- mittee repoets and messages to the legisla- tures from Governors of the States, is to the same effect as the evidence from the debates in the Congress. See Arkansas House J. 286 (1866-67); Florida Senate J. 8-10 (1866); In- diana House J. 47-48, 50-51 (1867); Massa- chusetts: Legislature doe., House Doc. No. 149, 4-14, 16-17, 23, 24, 25-28 (1867); Missouri Senate J. 14 (1867); New Jersey Senate J. 7 (extra sass. 11366); North Carolina Senate J. 96-97, 98-99 (1866-67); Tennessee House J. 12-15 (1865-66); Tennessee Senate J. 8 (ex- tra sees. 1861); Virginia House J. and doe., Doe. No. 1- St- (1866-87): Wisconsin Senate J. 13, 101-103 (1867). Contra, South Carolina House J. 34 (1866); Texas Senate J. 422 (1866 Alltn? For an account of the proceedings in the State legislatures and citations to the pro- ceedings, sea ?airman; "Does the 14th Amendment Incorporate the Bill of Rights?" 2 Standard L. Rev. 5, 81-126 (1919). tures which wholly disregarded the spread of populational Ten More had constitutional provisions which gave primary emphasis to population, but whice applied also other principles, such as partial ratios and recog- onion of political subdivisions, which were Intended to favor sparsely settled areas.t Can it be seriously contended that the legis- latures of these States, almost two-thirds of eaose concerned, would have ratified an amendment which Might render their own States' constitutions unconstitutional? Noe were these State constitutional provi- alone merely theoretical In New Jersey, for example, Cape May County, with a popula- tion of 8,349, and Ocean. County, with a population of 13,628, each etected 1 State senator, as did Essex and Hudson Counties, with populations of 143.839 and 129,067, re- apectivelyee In the house, each county was entitled to 1 representative, which left 39 seats to be apportioned according to popula- tion:" Since there were 12 counties besides the 2 already mentioned which had popu- lations over 30,000,28 it is evident that there were serious disproportions in the house ano. In New York, each of the 60 counties except Hamilton County was entitled to I. of the 128 seats in the assembly.' This left 69 seats to be distributed among counties the populations of which ranged from 15,420 to 943,292.37 With 7 more counties having populations over 100,000 and 13 others hav- ing populations over 50,000," the dispropor- ticn in the assembly wee necessarily large. In Vermont, after each county had been al- Ice ated I senator, there were 16 seats re- nes:Ming to be distributel among the larger continent* The smallest eounty had a popu- e Connecticut Constitution, 1818, art. third, sec. 3 (towns); New Hampshire Constitution, 1'792, part second, sec XXVI (direct taxes paid); New Jersey Constitution, 1844, art. IV, see. II, el. 1 (counties); lellocle Island Consti- tution, 1842, art. VI, sec._1 (towns and cities); Vezmont Constitution, 1793, c. II, sec. 7 (towns). La none of these Stooes was the other Hone apportioned strictly according to pop- 'elation. Connecticut Constitution, 1818, Aineoci II; New .Elampabire Constitution, part second, sees. IX-XI; New Jersey Constitution, 1844, art. IV, see. III, cI. 1; Rhode Island Constitution, 1842, art. IT, sen 1.; Vermont Constitution, 1'793, amend 23. " Iowa Constitution, 181.1, art. III, sec. 35; Kansas Constitution, 1859, art. 2. sec. 2, art. In :tee. 1; Maine Constitution, 1819. art. IV, part first, sec. 3; Michigan Constitution, 1850, art. IV, sec. 3; Missouri Constitution, 1865, art. /V, see. 2; New York Constitution, 1846, art. XII, sec. 5; Ohio Constitution, 1851, art. XI, secs. 2-5; Pennsylvania Constitution, 1886, art. I, sees. 4, 6, 7, as intended; Tennes- see Constitution, 1834, EtriL II. see. 5; West Virginia Constitution, 1861-63, art. IV. sec. 9. al, Ninth Census of the United States, Sta- tstiss of Population (1872) (hereafter Cen- sos), 49. The population figures, here and hereatter, are for the year 1870, which pre- sumably best reflect the figures for the years 1865-70. Only the figures for 1860 were available at that time, of course, and they would have been used by anyone interested in population statistics. See, e.g., Globe 3028 (le/narks of Senator Johnson). The method of apportionment is contained in. New Jersey Constitution, 1E144, art. IV, sec. U, a 1. stNew Jersey Constitution, 1844, art. IV, sec. 11I, Cl. I. Census 49. n Ibid. "New York Constitution, 1846, art. teas. 2, 5. Census 50-61. n raid. " raid. "I here were 14 counties, Census 67, each of which was entitled to at least one out of a total of 30 seats. VerinOnt Constitution, 1733, amend 23. August ;anon of 4,082; the largest had a population of 90,051 and there were 10 other counties with populations over 20,000.0 (11i) Ratification by the "reconstructed" States; Each of the 10 "reconstructed" States was required to ratify the 14th amend- ment before it NVILI readmitted to the Union" The constitution of each was scrutinized in Congress." Debates over readmission were extensive." In ai; least one instance, the problem of State legislative apportionment was expressly called to the attention of Con- gress. Objecting to the inclusion of Florida in the act of June 25, 1868, Mr. Farnsworth stated on the floor of the House: "I might refer to the apportionment of representatives. By this constitution rep- resentatives in the Legislature of Florida are apportioned in such a manner as to give to the sparsely populated portions of the State the control of the legislature. Tlie sparsely populated parts of the State are those where there are very few Negroes. the parte inhabited by the white rebels, the men who, coming In from Georgia, Alabama, arid other States, control the fortunes of their several counties. By this constitution ever/ county in that State is entitled to a rep- resentative. There are in that State counties that have not 30 registered voters; yet, under this constitution, every one of those coueo ties is entitled to a representative in the legislature; while the populous counties are entitled to only one representative each, with "Census 67. e Act of Mar. 2, 186'7, sec. 5, 14 Stat. 429. See also act of June 25, 1868, 15 Stat. '73, de- claring that the States of North Caroline, South Carolina. Louisiana. Georgia, Alabama,. and Florida, would be admitted to represen- tation in Congress when their legislatures had rani/led the 14ith amendment. Other conditions were also imposed, including a re- quirement that Geoigia nullify certain prove- sions of its constitution. Ibid. Arkansan, which had already ratified the 14th amend. ment, wan readmitted by sot of June 22, 1868, 15 Stat. 72. Virginta was readmitted by ace of Jan. 26, 1870, 16 Stat, 62: Mississippi be act of Feb. 23, 1870, ::6 Stat. 57; and Texas by act of Mar. 30, 1870, 16 Stat. 80. Georgia win not finally readmitted until later, by act July 15, 1870, 16 Stat. 363. DiacussIng the bill which eventuated in the act of June 25, 1868, see note 41, supra, Thaddeus Stevens said: "Now, sir, what is the particular question we are considering? Five or six States have had submitted to them the question of form- big constitutions for their own government. They have voluntarily formed such conetitue tions, under the direction of the Government of the United States. They have sent us tlaelr constitutions. Those constitutions have been' printed and laid before us. We have looked at them; we have pronounced them republi- can in form; and all we propose to require is that they shall remain so forever. Subject to this requirement, we are willing to admit, them into the Union." Cong. Globe, 40th no Cong., 2d sees., 2466 (1888). Sec also the remarks of Mr. Butler, supra aaid p. 553, infra. The dose attention given the various con- stitutions Is attested by the act of June 25, 1865, which conditioned Georgia's readmis- ston on, the deletion of "the first and third subdivisions of section 17 of the 5th article of the constitution of said State, except the proviso to the first subdivision * *," 15 Stat. 73. The sections involved are printed in S. Ex. Doe, No. 57, 40th Cong., ad sees., 14-15. Compare United States v. Florida, 363 U.S. 121, 124-127, 4 L. Ed. 2d 1096, 1098-1100, 80 S Ct. 1026. "See, e.g., Cong. Globe, 40th Cong., 2d sees., 2412-2413, 2858-2860, 2861-2871, 2895-- 2900, 2901-2904, 2927-2935, 2963-2970, 2998- 3022,3023-3029 (1868). Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 196.4 CONGRESSIONAL RECORD - SENATE an additional representative for every thou- sand inhabitants."" The response of Mr. Butler is particularly illuminating: "All these arguments, all these statements, all the provisions of this constitution have been submitted to the judiciary committee of the senate, and they have found the con- stitution republican and proper. This con- stitution has been submitted to the senate, and they have found it republican and proper. It has been submitted to your own committee on reconstruction, and they have found it republican and proper, and have reported it to this house."" The constitutions of 6 of the 10 States con- tained provisions departing substantially from the method of apportionment now held to be required by the amendment." And, as in the North, the departures were as real in fact as in theory. In North Carolina, 90 of the 120 representatives were appor- tioned among the counties without regard to population, leaving 30 seats to be distrib- uted by numbers. 4? Since there were 7 counties with populations under 5,000 and 26 counties with populations over 15,000, the disproportions must have been wide- spread and substantial." In South Carolina, Charleston, with a population of 88,863, elected two senators; each of the other counties, with populations ranging from 10,269 to 42,486 elected one senator.* In Florida, each of the 39 counties was entitled to elect one representative; no county was entitled to more than four." These principles applied to Dade County with a population of 85 and to Alachua County and Leon Coun- ty, with populations of 17,828 and 15,236, respectively." It is incredible that Congress would have exacted ratification of the 14th amendment as the price of .readmission, would have studied the State constitutions for compli- ance with the amendment, and would then have disregarded violations of it. The facts recited above show beyond any possible doubt: ? (1) that Congress, with full awareness of and attention to the possibility that the States would not afford full equality in vot- ing rights to all their citizens, nevertheless deliberately chose not to interfere with the States' plenary power in this regard when it proposed the 14th amendment; (2) that Congress did not include in the 14th amendment restrictions on the States' power to control voting rights because it believed that if such restrictions were in- cluded, the amendment would not be adopted. (8) that at least a substantial majority, it not all, of the States which ratified the 14th amendment did not consider that in so do- ing, they were accepting limitations on their freedom, never before questioned, to regulate voting rights as they chose. Even if one were to accept the majority's belief that it is proper entirely to disregard the unmistakable implications of the sec- ond section of the amendment in construing " Cong. Globe, 40th Cong., 2d seas., 3090-- 3091 (1868) . "Id., at 3092. "Alabama constitution, 1867, art. VIII, sec. 1; Florida constitution, 1868, art. XIV; Georgia constitution, 1868, art. III, sec. 3, par. 1; Louisiana constitution, 1868, title II, art. 20; North Carolina constitution, 1868, art. sec. 6; South Carolina constitution, 1868, art. II, secs. 6,8. North Carolina constitution, 1868, art. It, sec. 6. There were 90 counties. Census 52-53. 4' Ibid. "South Carolina constitution, 1868, art. 17, sec. 8; Census 60. 5?Florida constitution, 1868, art. XIV. 51 Census 18-19. the first section, one is confounded by its disregard of all this history. There is here none of the difficulty which may attend the application of basic principles to situations not contemplated or understood when the principles were framed. The problems which concern the Court now were problems when the amendment was adopted. By the de- liberate choice of those responsible for the amendment, it left those problems un- touched. C. After 1868 The years following 1868, far from indi- cating a developing awareness of the ap- plicability of the 14th amendment to prob- lems of apportionment, demonstrate pre- cisely the reverse: that the States retained and exercised the power independently to apportion their legislatures. In its constitu- tions of 1875 and 1901, Alabama carried for- ward earlier provisions guaranteeing each county at least one representative and fix- ing an upper limit to the number of seats in the house." Florida's constitution of 1885 continued the guarantee of one rep- resentative for each county and reduced the maximum number of representatives per county from four to three." Georgia, in 1877, continued to favor the smaller coun- ties.54 Louisiana, in 1879, guaranteed each parish at least one representative in the house." In 1890, Mississippi granted each county one representative, established a maximum number of representatives, and provided that specified groups of counties should each have approximately one-third of the seats in the house, whatever the spread of population." Missouri's constitu- tion of 1875 gave each county one repre- sentative and otherwise favored less populous areas." Montana's original constitution of 1889 apportioned the State senate by coun- ties." In 1877, New Hampshire amended its constitution's provisions for apportion- ment, but continued to favor sparsely set- tled areas in the house and to apportion seats in the senate according to direct taxes paid;" the same was true of New Hampshire's constitution of 1902." In 1894, New York adopted a constitution the peculiar apportionment provisions of which were obviously intended to prevent representation according to population: no County was allowed to have more than one- third of all the senators, no two counties which were adjoining or separated only by public waters could have more than one-half of all the senators, and whenever any county became entitled to more than three sena- tors, the total number of senators was in- creased, thus preserving to the small coun- ties their original number of seats." In ad- dition, each county except Hamilton was guararanteed a seat in the assembly." The North Carolina Constitution of 1876 gave each county at least one representative and fixed a maximum number of representatives for the whole house." Oklahoma's Constitu- 52 Alabama constitution, 1875, art. IX, secs. 2, 3; Alabama constitution, 1901, art. IX, secs. 198, 199. Florida constitution, 1885, art. VII, sec. 3. " Georgia constitution, 1877, art. III, sec. 3. "Louisiana constitution, 1879, art. 16. "Mississippi constitution, 1890, art. 13, sec. 256. "Missouri constitution, 1875, art. 4, sec. 2. "Montana constitution, 1889, art. V. sec. 4, art. VI, sec. 4. "New Hampshire constitution, 1792, part 2, secs. 9-11, 26, as amended. "New Hampshire constitution, 1902, part 2, arts. 9, 10,25. el New York constitution, 1894, art. sec. 4. 6? New York constitution, 1894, art. III, sec. 5. North Carolina constitution, 1876, art. II, sec. 5. 17005 tion at the time of its admission to the Union (1907) favored small counties by the use of partial ratios and a maximum num- ber of seats in the house; in addition, no county was permitted to take part in the election of more than seven representatives." Pennsylvania, in 1873, continued to guaran- tee each county one representative in the house.' The same was true of South Caro- lina's Constitution of 1895, which provided also that each county should elect one and only one Senator." Utah's original constitu- tion of 1895 assured each county of one rep- resentative in the house." Wyoming, when it entered the Union in 1889, guaranteed each county at least one senator and one repre- sentative." .D. Today Since the Court now invalidates the legis- lative apportionments in six States, and has so far upheld the apportionment in none, it is scarcely necessary to comment on the sit- uation in the . States today, which is, of course, as fully contrary to the Court's de- cision as is the record of every prior period in this Nation's history. As of 1961, the con- stitutions of all but 11 States, roughly 20 percent of the total, recognized bases of ap- portionment other than geographic spread of population, and to some extent favored sparsely populated areas by a variety of de- vices, ranging from straight area representa- tion or guaranteed minimum area represen- tation to complicated schemes of the kind exemplified by the provisions of New York's Constitution of 1894, still in effect until struck down by the Court today in No. 20, post, p. 568.5? Since Tennessee, which was the subject of Baker V. Carr, and Virginia, scrutinized and disapproved today in No. 69, post, p. 609, are among the 11 States whose own constitutions are sound from the stand- point of the Federal Constitution as con- strued today, it is evident that the actual practice of the States is even more uniformly than their theory opposed to the Court's view of what is constitutionally permissible. E. Other factors In this summary of what the majority ignores, note should be taken of the 16th and 19th amendments. The former pro- hibited the States from denying or abridg- ing the right to vote "on account of race, color, or previous condition of servitude." The latter, certified as part of the Constitu- tion in 1920, added sex to the prohibited clas- sifications. In Minor v. Happersett, 21 Wall 162, 22 L. Ed. 827, this Court considered the claim that the right of women to vote was protected by the privileges and immuni- ties clause of the 14th amendment. The Court's discussion there of the significance of the 15th amendment is fully applicable here with respect to the 19th amendment as well. "And still again, after the adoption of the 14th amendment, it was deemed necessary to adopt a 15th, as follows: 'The right of "Oklahoma constitution, 1907, art. V, sec. 10. "Pennsylvania constitution, 1873, art. sec. 17. "South Carolina constitution, 1895, art. III, secs. 4, 6. "Utah constitution, 1895, art. IX, sec. 4. "Wyoming constitution, 1889, art. III, sec. 3. A tabular presentation of constitutional provisions for apportionment as of Nov. 1, 1961, appears in XIV Book of the States (1962-63) 58-62. Using this table, but dis- regarding some deviations from a pure popu- lation base, the Advisory Commission on In- tergovernmental Relations states that there are 15 States in which the legislatures are apportioned solely according to population. Apportionment of State Legislatures (1962) , 12. Approved For Release 2002/01/23 : CIA-RDP751300380R000800130032-0 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17096 CONGRESSIONAL RECORD ? SENATE August 1 citizens of the United States to vote shall not be el mied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude.' The Pith amendment had already provided that no State ehould make or enforce any law which should abridge the privileges or immunities of citizens of the United States. If suffrage was one of these privileges or immunities, why amend the Constitution to prevent its being denied on account of race, etc? Nothing is more evident than that the great( r must include the less, and if all were alrer dy protected why go through with the form of amending the Constitution to protect a part?" Id., at 175, 22 L. Ed. at 630. In the present case. we can go still further. If constitutional amendment was the only means by which all men and, later, wom- en, could be guaranteed the right to vote at all, even for Federal oMeers. How can it he that the far less obvious right to a particular kind of ae portionment of State legislaturea-? - a right to which is opposed a far more plausi- ble conflicting interest of the State than the interest e hich opposes the general right to vote--can be conferred by judicial construc- tion of t se 14th amendment? es Yet, un- less one lakes the highly implausible view that the :4th amendment controls methods of apportionment but leaves the right to vote itself unprotected, the conclusion is in- escapable that the Court has, for purposes of these cases, relegated the 15th and 19th amernments to the same limbo of eon- stitutiona anachronisms to which the sec- ond sectien of the 14th amendment has been assigned. Mentior should be made finally of the de- cisions of this Court which are dis ceardeci or, more accurately, silently overruled to- day. Minor v. Happersett, supra, in which the Court held that the 14th amendment did not confer the right to vote on anyone, has already been noted. Other cases are more directly in point. /n tole grove v. Bar- rett (330 U.S. 804, 91 L. Ed. 1262, 67 S. Ct. 973), this Jourt dismissed "for want of a sub- stantial F ederal question" an appeal from the dismissal of a complaint alleging that the Illinois legislative apportionment re- sulted in 'gross inequality in voting power" and "grose and arbitrary and atrocious dis- criminaticn in voting" which denied the plaintiffs equal protection of the lame' In Remmey v. Smith (102 F. Supp. 708 (D.C.E.D. Pa)), a three-judge district court dis- missed a complaint alleging that the appor- tionment of the Pennsylvania Legislature de- prived the plaintiffs of "constitutional rights guaranteed to them by the 14th amend- ment." (Id., at 709.) The district court stated that it was aware that the plaintiffs' allegations were "notoriously true" and that "the practical disenfranchisement of quali- fied electors in certain of the election die- Comm re the Court's statement in Guinn v. United States, 238 U.S. 347, 362, 50 L. Ed. 1340, 1347 35 S. Ct. 926, LRA 1016A 1124. "Beyond doubt the [15th] amendment does not lake away from the State govern- ments in f general sense the power over suf- frage which has belonged to those govern- ments from the beginning and without the possession of which power the whole fabric upon which the division of State and Na- tional auteseity under the Constitution and the organ zation of both governments rest would be without support and both the authority rf the Nation and the State would fall to the ground. In fact, the very com- mand of t le amendment recognizes the pos- session of the general power by the State, since the anaendment seeks to regulate its exercise al to the particular subject with which it deals." " The wanted phrases are taken from the Jurisdictic nal Statement, pp. 13, 19. tricts in Philadelphia County is a matter of common knowledge." ::Id., at 710.) This Court dismised the appeal "for the want of a substantial Federal queseion." (342 U.S. 916, N; L. Ed. 685, 72 S. Ct. 368.) rn ifickf v. McCenles (292 .1117/ 2d 40, the Supreme Court of Tennessee dismissed an action for a declaratory judgment that the Tennessee Apportionment Act of 1901 was unconstitutional. The complaint alleged that "a minority of approximately 37 per- cent of the voting population of the State now elects and controls 20 of the 33 mem- hers of the senate: that ri minority of 40 per- cent of the voting population of the State now controls 63 of the 99 members of the Louse of representatives.' (Id., at 42.) With- out dissent, this Court granted the motion to dismiss the appeal. (352 U.S. 920, 1 L. Ed, 2d 157, 77 S. Ct. 223.) In Redford v. Gary (145 F. Supp. 541 (D.C.W.D. Okla.)), a three-judge district court was convened to consider "the complaint of the plaintiff to the effect that the existing apportionment statutes of the' State of Oklahoma violate the plain mandate of the Oklahoma constitution and operate to deprive him of the equal proeection of the laws guaranteed by the 14th amendment to the Constitution of the efnited. States." (Id., at 542.) The plaintiff alleged that he was a resident and voter in the most populous county of the State, which had about 15 percent of the total population of the State but only about 2 percent of the seats in the State senate and less than 4 percent of the seats in the house. The complaint recited the unwillingness or inability or the branches of the State government to pro vide.relief and alleged that there was no State remedy avail- at le. The district court granted a motion to armies. This Court affirmed without dis- sent. (352 U.S. 991, 1 L. Ed. 2e1 540, 77 S. Ct. 559,1 Each of these recent cases is distinguished on some ground or other in Baker v. Carr. See 369 U.S. at 235-236, 7 L. ed. 2d at 698. Their summary dispositions prevent consid- eration whether these after-the-fact distinc- tions are real or imaginary. The fact re- mains, however, that between 1947' and 1057, four cases raising issues precisely the same as those decided today were presented to the Court. Three were dianissed because the beues presented were thought insubstantial arid in the fourth the lower court's dismissal was affirmed?"' " In two early cases dealing with party pri- maries in Texas, the Court indicated that the equal protection clause did afford some pro- tection of the right to vote. Nixon v. Kern- dan, 273 U.S. 536, 71 L. El. 759, 47 S. Ct. 446: Aaron v. Condon., 286 U.13. '73, 76 L. Ed. 984, 52 S. Ct. 484, 88 A.L.R. 4.58. Before and after these cases, two cases dealing with the qualifications for electors in Oklahoma had gone off on the 15th an endment, Guinn v. United States, 238 U.S. 34.7, 59 le Ed. 1840, 35 S. Ct. 926, LitA 1916A 1124; Lane v. Wilson, 307 U.S. 268,83 L. Ed. 1281, 59 S. Ct. 872. The raeionale of the Texas rases is almost cer- tainly to be explained by the Court's reluc- tance to decide that party primaries were a part of the electoral process for purposes of the 15th amendment. See Newberry v. United States, 256 U.S. 232, 65 L. Ed. 913, 41 S. Ct. 469. Once that question was laid to reit in United States v. Massie, 813 U.S. 299, 85 L. Ed. 1368, 61 S. Ct. 1031, the Court de- cided subsequent cases involving Texas party pemaries on the bests Cf the 15th amend- ment. Smith V. Allteright, 321 U.S. 849, 88 L. Ed. 987,64 S. Ct. 757, lel A.L.R. 1110; Terry v. Adams, 345 U.S. '161,97 L. Ed. 1152, 73 S. Ct. 803. The recent decision in Gomillion v. Light- foot, 364 U.S. 339, 5 L. Ed. 2d 110, 81 S. Ct. 1211, that a constitutioncl claim was stated by allegations that municipal lines had been redrawn with the intention of depriving Ne- I have tried to make the catalog coin- plete, yet to keep it within the manageable limits of a judicial opinion. in my judg- ment, today's decisions are ref utect by the language of the amendment which they con- strue and by the inference fairly to be dream from subsequently enacted amendments. They are unequivocally refuted by history and by consistent theory and practice from the time of the adoption of the 14th amend- ment until today. XI The Court's elaboration of its new "consti- tutional" doctrine indicates how far?axid how unwisely?it has estsayed from the ap- propriate bounds of its authority. The cop- sequence of today's decision is that in all but the handful of States which may already satisfy the new requirements the local dis- trict court or, it may be; the State courts, are given blanket authority and the consti- tutional duty to supervise apportionment of the State legislatures. It is difficult to imagine a more intolerable and inappropriate interference by the judiciary with the inde- pendent legislatures of the States. In the Alabama cases (Nos. 23, 27, 41), the district court held invalid not only existing provisions of the State constitution?which this Court lightly dismisses with a wave of the supremacy clause and the remark that "it makes no difference whether a State's apportionment scheme is embodied in its constitution or in seatutory provisions," ante, page 540?but also a proposed amendment to the Alabama constitution which had never been submitted to the voters of Alabama ear ratification, and "Candler' legislation which was not to become effective unless the amend- ment was rejected (or declared unconstitu- tional) and in no event before 1968. Sims v. Prink, 206 P. Supp. 431. See ante, pages 510- 521. Both of these measures had been adopted only 9 days before, e at an extraor- dinary session of the Alabama Legislature, convened pursuant to what was very nearly a directive of the district court, see Sims v. Prink, 205 F. Supp. 245, 249. The distriCt court formulated its own plan for the ap- portionment of the Alabama Legislature, by picking and choosing among the provisions of the legislative measures. 208 F. Suppe at 441-442. See ante page 521. Beyond that, the court warned the legislature that there would be still further judicial reapportion- ment unless the legislature, like it or not, undertook the task for itself. 208 F. Supp. at 442. This court now states that the die- trict court acted in "a most proper and core- mendable manner, ante, page 541, and ap- proves the district court's avowed intentien of taking "some further action" unless the State legislature acts; by 1986. ante, page 542. In the Maryland case (No. 29, post. p. 595 the State legislature was called into special session and enacted a temporary reappor- tionment of the house of delegates, under pressure from the States courta.e There- groes of the right to vote in municipal elec.- tints was based on the 15th amendment. Only one Justice, in a concurring opinion, relied on the equal protection clause of the 14th amendment. Id., at 349, 5 L. Ed. 2d at 118. '" The measures were adopted on July 19, 1982. The district court handed down Ha opinion on July 21 1962. e In reversing an initial order of the circuit court for Anne Arundel County disi- missing the plaintiffs' complaint, the Mary- land Court of Appeals directed the lower court to hear evidence on and determine the plaintiffs' constitutional claims, and, if it found provisions Cf the Maryland consti- tution to be invalid, to "declare that the legislature has the power, if called into special session by the Governor and such action be deemed appropriate by it, to enact a bill reapportioning its membership for Approved For Release 2002/01/23 : CIA-RDP75B00380R000800130032-9 1964 Approved For Reamiggia3aCitektMaBOR8R40/0B800130032-9 after, the Maryland court of appeals held that the Maryland Senate was constitution- ally apportioned. Maryland CoMmittee for Fair Representation v. Tawes (229 Md. 406). This court now holds that neither branch of the State legislature meets constitutional re- quirements. Post, page 606. The court presumes that since "the Maryland constitu- tional provisions relating to legislative ap- portionment [are] hereby held unconstitu- tional, the Maryland Legislature has the in- herent power to enact at least temporary reapportionment legislation pending adop- tion of State constitutional provisions" which satisfy the Federal Constitution, id., at 607. On this premise, the court concludes that the Maryland courts need not feel obliged to take further affirmative action now, but that "under no circumstances should the 1966 election of members of the Maryland Legislature be permitted to be con- ducted pursuant to the existing or any other unconstitutional plan." Id., at 608. In the Virginia case (No. 69, post, p. 609), the State legislature in 1962 complied with the State constitutional requirement of reg- ular reapportionment." Two days later, a complaint was filed in the district court." Eight months later, the legislative reappor- tionment was declared unconstitutional. Mann v. Davis (213 F. Supp. 577). The dis- trict court gave the State legislature 2 months within which to reapportion itself in special session, under penalty of being reap- portioned by the court." Only a stay grant- ed by a member of this court slowed the process; 78 it is plain that no stay will be forthcoming in the future. The Virginia Legislature is to be given an adequate oppor- tunity to enact a valid plan; but if it fails "to act promptly in remedying the consti- tutional defects in the State's legislative ap- portionment plan," the district court is to take further action. Post, page 618. In Delaware (No. 307, post, p. 620), the district court entered an order on July 25, 1962, which stayed proceedings until Au- gust 7, 1962, "in the hope and expectation" that the general assembly would take "some appropriate action" in the intervening 13 days. Sincock v. Terry, 207 F. Supp. 205, 207. By way of prodding, presumably, the court noted that if no legislative action were taken and the court sustained the plaintiffs' claim,- "the present general assembly and any sub- sequent general assembly, the members of which were elected pursuant to section 2 of article 2 [the challenged provisions of the Delaware constitution], might be held not to be a de jure legislature and its legislative acts might be held invalid and unconstitu- tional." Id., at 205-206. Five days later, on Ally 30, 1962, the general assembly ap-- purposes of the November 1962 election." Maryland Committee for Fair Representa- tion v. Tawes, 228 Md. 412, 438-439. On remand, the opinion of the circuit court in- cluded such a declaration. The 'opinion was filed on May 24, 1962. The Maryland Leg- islature, in special session, adopted the "emergency" measures now declared uncon- stitutional 7 days later, on May 31, 1962. " The Virginia constitution, art. IV, sec. 48, requires that a reapportionment be made every 10 years. " The 1962 reapportionment acts were ap- proved on Apr. 7, 1962. The complaint was filed on Apr. 9, 1962. 77 The district court handed down its opin- ion on November 28, 1962, and gave the Vir- ginia General Assembly until January 31, 1963, "to enact Alppropriate reapportionment laws," 213 F. Supp. at 585-586. The court stated that failing such action or an appeal to this court, the plaintiffs might apply to It "for such further orders as may be re- quired." Id., at 586. On December 15, 1962, the Chief Justice granted a stay pending final disposition of the ease in this Court. proved a proposed amendment to the State constitution. On August '7, 1962, the dis- trict court entered an order denying the defendants' motion to dismiss. The court said that it did not wish to substitute its judgment "for the collective wisdom of the General Assembly of Delaware," but that "in the light of all the circumstances," it had to proceed promptly. 210 F. Supp. 395, 396. On October 16, 1962, the court declined to enjoin the conduct of elections in November. 210 F. Supp. 396. The court went on to express its regret that the general assembly had not adopted the court's suggestion, see 207 F. Supp. at 206-207, that the Delaware constitution be amended to make appor- tionment a statutory rather than a consti- tutional matter, so as to facilitate further changes in apportionment which might be required. 210 F. Supp. 401. In January 1963, the general assembly again approved the proposed amendment of the apportion- ment provisions of the Delaware constitu- tion, which thereby became effective on January 17, 1963." Three months later, on April 17, 1963, the district court reached "the reluctant conclusion" that art. II, sec- tion 2, of the Delaware constitution was unconstitutional, with or without the 1963 amendment. Sincock v. Duffy, 215 F. Supp. 169, 189. Observing that "the State of Del- aware, the general assembly, and this court all seem to be trapped in a kind of box of time," id., at 191, the court gave the general assembly until October 1, 1963, to adopt ac- ceptable provisions for apportionment. On May 20, 1963, the district court enjoined the defendants from conducting any elec- tions, including the general election sched- uled for November 1964, pursuant to the old or the new constitutional provisions." This court now approves all these proceedings, noting particulaly that in allowing the 1962 elections to go forward, "the district court acted in a wise and temperate manner." Post p. 629." "The Delaware Constitution, art. XVI, sec. 1, requires that amendments be approved by the necessary two-thirds vote in two suc- cessive general assemblies. "The district court thus nailed the lid on the "box of time" in which everyone seemed to it "to be trapped." The lid was tempo- rarily opened a crack on June 27, 1963, when Mr. Justice Brennan granted a stay of the injunction until disposition of the case by this Court. Since the Court states that "the delay inherent in following the State consti- tutional prescription for approval of consti- tutional amendments by two successive gen- eral assemblies cannot be allowed to result in an impermissible deprivation of appellees' right to an adequate voice in the election of legislators to represent them," post, p. 630, the lid has presumably been slammed shut again. 81 In New York and Colorado, this pattern of conduct has thus far been avoided. In the New York case (No. 20, post, p. 568), the district court twice dismissed the complaint, once without reaching the merits, WMCA, Inc. v. Simon, 202 F. Supp. '741, and once, after this court's remand following Baker v. Carr, supra, 870 U.S. 190, 8 L. ed. 2d 430, 82 S. Ct. 1231, on the merits, 208 F. Supp. 368. In the Colorado case (No. 508, post, p. 632), the district court first declined to Interfere with a forthcoming election at which reap- portionment measures were to be submitted to the voters, Lisco v. McNichols, 208 F. Supp. 471, and, after the election, upheld the ap- portionment provisions which had been adopted, 219 F. Supp. 922. In view of the action which this court now takes in both of these cases, there is little doubt that the legislatures of these two States will now be subjected to the same kind of pressures from the Federal judiciary as have the other States. 17097 Records such as these in the cases decided today are sure to be duplicated in most of the other States if they have not already. They present a jarring picture of courts threatening to take action in an area which they have no business entering, inevitably on the basis of political judgments which they are incompetent to make. They show legislatures of the States meeting in haste and deliberating and deciding in haste to avoid the threat of judicial interference. So far as I can tell, the court's only response to this unseemly state of affairs is ponder- ous insistence that "a denial of constitu- tionally protected rights demands judicial protection," ante, p. 530. By thus refusing to recognize the bearing which a potential for conflict of this kind may have on the question whether the claimed rights are in fact constitutionally entitled to judicial pro- tection, the court assumes, rather than sup- ports, its conclusion. It should by now be obvious that these cases do not mark the end of reapportion- ment problems in the courts. Predictions once made that the courts would never have to face the problem of actually working out an apportionment have proved false. This court, however, continues to avoid the con- sequences of its decisions, simply assuring us that the lower courts "can and * ? * will work out more concrete and specific stand- ards," ante, p. 537. Deeming it "expedient" not to spell out "precise constitutional tests," the court contents itself with stating "only a few rather general considerations." Ibid. Generalities cannot obscure the cold truth that cases of this type are not amenable to the development of judicial standards. No set of standards can guide a court which has to decide how many legislative districts a State shall have, or what the shape of the districts shall be, or where to draw a par- ticular district line. No judicially manage- able standard can determine whether a State should have single-member districts or multimember districts or some combination of both. No such standard can control the balance between keeping up with population shifts and having stable districts. In all these respects, the courts will be called upon to make particular decisions with respect to which a principle of equally populated dis- tricts will be of no assistance whatsoever. Quite obviously, there are limitless possibili- ties for districting consistent with such a principle. Nor can these problems be avoided by judicial reliance on legislative judgments so far as possible. Reshaping or combining one or two districts, or modify- ing just a few district lines, is no less a matter of choosing among many possible solutions, with varying political conse- quences, than reapportionment broadside." The court ignores all this, saying only that "what is marginally permissible in one State may be unsatisfactory in another, depending on the particular circumstances of the case," ante, p. 537. It is well to remember that the product of today's decisions will not be re- adjustment of a few districts in a few States which most glaringly depart from the prin- ciple of equally populated districts. It will be a redetermination, extensive in many cases, of legislative districts in all but a few States. Although the court-necessarily, as I be- lieve-provides only generalities in elabora- tion of its main thesis, its opinion neverthe- less fully demonstrates how far removed these problems are from fields of judicial competence. Recognizing that "indiscrimi- nate districting" is an invitation to "partisan gerrymandering," ante, p. 537, the court nevertheless excludes virtually every basis "It is not mere fancy to suppose that in order to avoid problems of this sort, the court may one day be tempted to hold that all State legislators must be elected in state- wide elections. Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 ? CIA-RDP/5_BM0R000800130032-9August 1 17008 CONGRESSIONAL RECORD ? for the formation of electoral districts other than "indiscriminate districting." In one or another of today's opinions, the court declares It unconstitutional for a State to give effective consideration to any of the following in establishing legislative districts: (1) History; 81 (2) "Economic or other sorts of group interests"; 9? (3) Area; BS (4) Geographical considerations; 9? (5) A desire "to insure effective represen- tation for sparsely settled areas": 8T (6) "Availability of access of citizens to their representatives"; 88 (7) Theories of bicameralism (except those approved by the court); 90 (8) Occupation; 9? (9) "An attempt to balance urban and rival power." 9' (10) The preference of a majority of voters in the State." So far as presently appears, the only factor which a State may consider, apart from numbers, is political subdivisions. But even "a clearly rational State policy" recognizing this factor is unconstitutional if "population is submerged as the controlling considera- tion." 9, I know of no principle of logic or practical or theoretical politics, still less any constitu- tional principle, which establishes all or any of these exclusions. Certain it is that the court's opinion does not establish them. So far as the court says anything at all on this score, it says only that "legislators represent people, not trees or acres," ante, p. 527; that "citizens, not history or economic interests, cast votes," ante, p. 538; that "people, not land or trees or pastures, vote," ibid." All this may be conceded. But it is surely equal- ly obvious, and, in the context of elections, more meaningful to note that people are not ciphers and that legislators can represent their electors only by speaking for their interests?economic, social, political?many of which do reflect the place where the elec- tors live. The Court does not establish, or Indeed even attempt to make a case for the proposition that conflicting interests with- in a State can only be adjusted by disregard- ing them when voters are grouped for pur- poses of representation. CONCLUSION With these cases the court approaches the end of the third round set in motion by the complaint filed in Baker v. Carr. What is done today deepens my conviction that judi- cial entry into this realm is profoundly ill-advised and constitutionally impermissi- ble. As I have said before, Wesberry v. Sanders, supra, 376 U.S. at 48, 11 L. Ed. 2d at 509, I believe that the vitality of our political system, on which in the last analysis all else depends, is weakened by reliance on the ju- diciary for political reform; in time a com- placent body politic may result. These decisions also cut deeply into the fabric of our federalism. What must follow 88 Ante, p. 637. 84 Ante, pp. 537, 538. s? Ante, p. 538. 8? Ibid. 07 Ibid. 88 Ibid. 8? Ante, pp. 535, 536. " Davis v. Mann, ? U.S. ?, 12 L. Ed, 2d 609, 617, 84 S. Ct.?. '1 Id., at 618. 9' Lucas v. Forty-Fourth General Assembly, ? U.S. ?, 12 L. Ed. 2d 632, 647, 84 S. Ct. 9? Ante, p. 539. "The court does note that, in view of modern developments in transportation and communication, it finds "unconvincing" arguments based on a desire to insure repre- sentation of sparsely settled areas or to avoid districts so large that voters' access to their representatives is impaired. Ante, p. 538. from them may eventually appear to be the product of State legislatures. Nevertheless, no thinking person can fail to recognize that the aftermath of these cases, however de- sirable it may be thought in itself, will have been achieved at the cost of a radical altera- tion in the relationship between the States and the Federal Government, more partic- ularly the Federal judiciary. Only one who has an overbearing impatience with the Fed- eral system and its political processes will believe that that cost was not too high or was inevitable. Finally, these decisions give support to a current mistaken view of the Constitution and the constitutional function of this court. This view, in a nutshell, is that every major social ill in this country can find its cure in some constitutional principle, and that this court should "take the lead" in promoting reform when other branches of government fail to act. The Constitution is not a pana- cea for every blot upon the public welfare, nor should this court, ordained as a judicial body, be thought of as a general haven for reform movements. The Constitution is an instrument of government, fundamental to which is the premise that in a diffusion of governmental authority lies the greatest promise that this Nation will realize liberty for all its citizens. This court, limited in function in accordance with that premise, does not serve its high purpose when it ex- ceeds its authority, even to satisfy justified impatience with the slow workings of the political process. For when, in the name of constitutional interpretation, the court adds something to the Constitution that was de- liberately excluded from it, the court in reality substitutes its view of what should be so for the amending process. I dissent in each of these cases, believing that in none of them have the plaintiff's stated a cause of action. To the extent that Baker V. Carr, expressly or by implication, went beyond a discussion of jurisdictional doctrines independent of the substantive is- sues involved here, it should be limited to what it in fact was: an experiment in ven- turesome constitutionalism. I would reverse the judgments of the district court in Nos. 23, 27, and 41 (Alabama) , No. 69 (Virginia), and No. 307 (Delaware) , and remand with directions to dismiss the complaints I would aillint the judgments of the district court in No. 20 (New York), and No. 508 (Colorado) , and of the court of appeals of Maryland in No. 29. APPENDIX A Statements made in the House of Repre- sentatives during the debate on the resolu- tion proposing the 14th amendment." "As the nearest approach to justice which we are likely to be able to make, I approve of the second section that bases representa- tion upon voters." 2463 (Mr. Garfield). "Would it not be a most unprecedented thing that when this [former slave] popula- tion are not permitted where they reside to enter in to the basis of representation in their own State, we should receive it as an element of representation here; that when they will not count them in apportioning their own legislative districts, we are to count them as five-fifths (no longer as three-fifths for that is out of the question) as soon as you make a new apportionment?" 2464-2465 (Mr. Thayer). "The second section of the amendment is ostensibly intended to remedy a supposed inequality in the basis of representation. The real object is to reduce the number of southern representatives in Congress and in the electoral college; and also to operate as a standing inducement to Negro suffrage." 2467 (Mr. Boyer). 98 All page references are to Congressional Globe, 39th Cong., 1st seas. (1866). "Shall the pardoned rebels of the South include in the basis of representation 4 mil- lion people to whom they deny political rights, and to no one of whom is allowed a vote in the selection of a Representative?" 2468 (Mr. Kelley). "I shall, Mr. Speaker, vote for this amend- ment; not because I approve it. Could I have controlled the report of the commit- tee of 15, it would have proposed to give the right of suffrage to every loyal man in the country." 2469 (Mr. Kelley). "But I will ask, why should not the rep- resentation of the States be limited as the States themselves limit suffrage? If the Negroes of the South are not to be counted as a political element in the government of the South in the States, why should they be counted as a political element in the govern- ment of the country' in the Union." 2498 (Mr. Broomall) . "It is now proposed to base representation upon suffrage, upon the number of voters, Instead of upon the aggregate population in every State of the Union." 2502 (Mr. Raymond). "We admit equality of representation based upon the exercise of the elective franchise by the people. The proposition in the matter of suffrage falls short of what I desire, but so far as it goes it tends to the equalization of the inequality at present existing; and while I demand and shall continue to demand the franchise for all loyal male citizens of this country?and I cannot but admit the possibility that ultimately those 11 States may be restored to representative power with- out the right of franchise being conferred upon the colored people?I should feel myself doubly humiliated and disgraced, and crimi- nal even, if I hesitated to do what I can for a proposition which equalizes representation. 2508 (Mr. Boutwell). "Now, conceding to each State the right to regulate the right of suffrage, they ought not to have a representation for male citizens not less than 21 years of age, whether white or black, who are deprived of the exercise of suffrage. This amendment will settle the complication in regard to suffrage and repre- sentation, leaving each State to regulate that for itself, so that it will be for it to decide whether or not it shall have a representation for all its male citizens not less than 21 years of age." 2510 (Mr. Miller). "Manifestly no State should have its basis of national representation enlarged by reason of a portion of citizens within its borders to which the elective franchise is denied. If political power shall be lost because of such denial, not imposed because of participation in rebellion or other crime, it is to be hoped that political interests may work in the line of justice, and that the end will be the im- partial enfranchisement of all citizens not disqualified by crime. Whether that end shall be attained or not, this will be se- cured: that the measure of political power of any State shall be determined by that por- tion of its citizens which can speak and act at the polls, and shall not be enlarged be- cause of the residence within the State of portions of its citizens denied the right of franchise. So much for the second section of the amendment. It is not all that I wish and would demand; but odious inequalities are removed by it and representation will be equalized, and the political rights of all citi- zens will under its operation be, as we be- lieve, ultimately recognized and admitted." 2511 (Mr. Eliot). "I have no doubt that the Government of the United States has full power to extend the elective franchise to the colored popula- tion of the insurgent States. I mean au- thority; I said power. I have no doubt that the Government of the United States has authority to do this under the Constitution; but I do not think they have the power. The distinction I make between authority and power is this: we have, in the nature of our Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 1964 Approved For Release 2002/01/23 CIA-,RDP75B0,0380,R000800130032-9 CO1SIGRESSIONAL 'RECORD SENAtE 17699 Government, the right to do it; but the pub- lic opinion of the country is such at this precise moment as to make it impossible we should do it. It was therefore most wise on the part of the committee on reconstruction to waive this matter in deference to public opinion. The situation of opinion in these States compels us to look to other means to protect the Government against the enemy." 2532 (Mr. Banks). "If you deny to any portion of the loyal citizens of your State the right to vote for Representatives you shall not assume to represent them, and, as you have done for so long a time, misrepresent and oppress them. This is a step in the right direction; and al- though I should prefer to see incorporated into the Constitution a guarantee of uni- versal suffrage, as we cannot get the required two-thirds for that I cordially support this proposition as the next best." 2539-40 (Mr. Rogers). APPENDIX B Statements made in the Senate during the debate on the resolution proposing the 14th amendment" "The second section of the constitutional amendment proposed by the committee can be justified upon no other theory than that the Negroes ought to vote; and Negro suf- frage must be vindicated before the people in sustaining that section, for it does not ex- clude the nonvoting population of the North, because it is admitted that there is no wrong in excluding from suffrage aliens, females, and minors. But we say, if the Negro is ex- cluded from suffrage he shall also be excluded from the basis of representation. Why this inequality? Why this injustice? For in- justice it would be unless there be some good reason for this discrimination against the South in excluding her nonvoting population from the basis at representation. The only defense that we can make to this apparent injustice is that the South commits an out- rage upon human rights when she denies the ballot to the blacks, and we will not al- low her to take advantage of her own wrong, or profit by this outrage. Does any one sup- pose it possible to avoid this plain issue be- fore the people? For if they will sustain you in reducing the reprebentation of the South because she does not allow the Negro to vote, they will do so because they think it is wrong to disfranchise him." 2800 (Senator Stew- art). "It [the second section of the proposed amendment] relieves him [the Negro] from misrepresentation in Congress by denying him any representation whatever." 2801 (Senator Stewart). "But I will again venture the opinion that it (the second section) means as if it read thus: no State shall be allowed a representa- tion on a colored population unless the right of voting is given to the Negroes?presenting to the States the alternative of loss of repre- sentation or the enfranchisement of the Negroes, and their political equality." 2939 (Senator Hendricks) . "I should be much better satisfied if the right of suffrage had been given at once to the more intelligent of them [the Negroes] and such as had served in our Army. But It is believed by wiser ones than myself that this amendment will very soon produce some grant of suffrage to them, and that the craving for political power will eye long give them universal suffrage. * * * Believ- ing that this amendment probably goes as far in favor of suffrage to the Negro as is practicable to accomplish now, and hoping it may in the end accomplish all I desire In this respect, I shall vote for its adoption, " All page references are to Congressional Globe, 39th Cong., 1st seas. (1866). No. 148--3 although I should be glad to go further." 2963-2964 (Senator Poland). "What is to be the operation of this amendment? Just this: Your whip is held over Pennsylanvia, and you say to her that she must either allow her Negroes to vote or have one Member of Congress less." 2987 (Senator Cowan). "Now, sir, in all the States?certainly in mine, and no doubt in all?there are local as contradistinguished from State elections. There are city elections, county elections, and district or borough elections; and those city and county and district elections are held under some law of the State in which the city or county or district or borough may be; and in those elections, according to the laws of the States, certain qualifications are prescribed, residence within the limits of the locality and a property qualification in some. Now, is It proposed to say that if every man in a State is not at liberty to vote at a city or a county or a borough election that is to affect the basis of repre- sentation?" 2991 (Senator Johnson). "Again, Mr. President, the measure upon the table, like the first proposition submitted to the Senate from the Committee of Fifteen, concedes to the States ? * not only the right, but the exclusive right, to regulate the franchise. ? ? It says that each of the Southern States, and, of course, each oth- er State in the Union, has a right to regu- late for itself the franchise, and that con- sequently, as far as the Government of the United States is concerned, if the black man is not permitted the right to the franchise, it will be a wrong (if a wrong) which the Government of the United States will be impotent to redress." 3027 (Senator John- son). "The amendment fixes representation upon numbers, precisely as the Constitution now does, but when a State denies or abridges the elective franchise to any of its male inhabitants who are citizens of the United States and not less than 21 years of age, ex- cept for participation in rebellion or other crime, then such State will lose its repre- sentation in Congress in the proportion which the male citizens so excluded bears to the whole number of male citizens not less than 21 years of age in the State." 3033 (Senator Henderson). TRIBUTE TO WILLIAM A. CREECH, CHIEF COUNSEL OF THE SUBCOM- MITTEE ON CONSTITUTIONAL RIGHTS OF THE SENATE COMMIT- TEL ON THE JUDICIARY Mr. ERVIN. Mr. President, a major share of the credit for whatever good the Senate does is due to the faithful and diligent members of the personal staffs of Senators and the faithful and diligent members of the staffs of the several Sen- ate committees and their subcommittees, I know of no person in any of these categories who is doing a more magnif- icent job than William A. Creech, chief counsel of the Subcommittee on Consti- tutional Rights of the Senate Committee on the Judiciary. As chairman of this subcommittee, I rejoice in the fact that his magnificent service is becoming known far beyond Capitol Hill. This is evidenced by the appearance in the News and Observer, of Raleigh, N.C., for June 7, 1964, of an article by Bernadette Hoyle, entitled "Creech's Concern: The Indian's Civil Rights." I ask unanimous consent that this article be printed at this point in the body of the RECORD. There being no objection, the article was ordered to be printed in the RECORD, as follows: CREECH'S CONCERN: THE INDIAN'S CIVIL RIGHTS (By Bernadette Hoyle) Snimirmtz.?At a time when great em- phasis is being placed upon civil rights every- where, William A. (Bill) Creech, a Smith- field native, has been working with areas of law concerning civil rights and civil liberties long neglected by the Federal Government. An attorney by profession. Bill, since 1961, has been chief counsel and staff director of the Senate Constitutional Rights Subcom- mitee, of which Senator Sam ERVIN is chair- man. In this post, Bill has participated in an all-encompassing study of the consti- tutional rights of such diversified groups as the American Indian, military personnel, and the mentally ill. These studies have touched upon three areas of the law which have been sorely neglected by the Congress. The work undertaken is a study specifically of the constitutional rights of these citizens. In addition to these studies, the subcom- mittee has been concerned with such sub- jects as deprivation of citizenships, the con- stitutional rights of civil servants, and a variety of subjects emanating from a study of the administration of criminal justice. Bill, who combines a zest for living and a love of travel, with interests ranging from law to international affairs, has in recent years devoted much time to the study of civil rights and civil liberties of the American Indian. BEGINNING OP INTEREST "Although it is sometimes hard to pin down an exact moment, I can say without question that attending 'The Lost Colony' and visit- ing the Cherokee Indian Reservation as a child precipitated an interest in the American Indian and his place in our history and so- ciety which I have maintained through the years," he said. For the past 3 years he has studied the tribal backgrounds, customs, and problems of the Indian. From his research he has concluded that the Indian lives under the greatest degree of complexity of law of any American citi- zen. The degree of complexity depends on whether he is reservated but is off the res- ervation, or nonreservated (one whose tribal group has never been reservated) . Indians are the fastest growing ethnic group in the country, which is all the more reason for our trying to meet their press- ing problems and helping them become ac- culturated into the mainstream of American life, he said. A hundred years ago there were approxi- mately, 9,000 Navajos. Today there are 10 times as many. "There are many more Navajos living at a substandard level of existence today than there were a hundred years ago, yet they have a reservation the size of the State of West Virginia," he said. "One of the more shocking things the sub- committee has encountered has been the great discrepancy in the justice the Indian receives. This depends upon whether his justice is meted out by a tribal or tradi- tional court or a court established by the Federal Government, such as the Courts of Indian Offenses or a State court." Creech conducted subcommittee hearings and investigations on the Indian study in Colorado in June 1962, and in California, Nevada, Arizona, and New Mexico in 1961. "One of the facts to come to light during the hearings was that up until May of 1960, the courts established and administered by the Bureau of Indian Affairs not only would not permit an Indian defendant in a crim- inal case to be represented by legally trained Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17100 CONGRESSIONAL RECORD -- SENATE August 1 counsel," he said, but actually had regula- tions precluding the defendant's having such representation, notwithstanding the mandate of the sixth amendment to the Constitu- tion. This regulation of the Department of Interior was held unconstitutional by a district court in 1960, and was finally re- scinded in May of 1961 by the Secretary of Interior.' An often overlooked fact in North Caro- lina is that the State has the fourth larg- est Indian population in the United States. Within or adjacent to Cherokee Reservation are 5,500 Indians, according to the 1962 census. The 1980 discennial census showed a total Indian population for the State of 38,129. "We have thousands of nonreser- vated Indians in eastern North Carolina, as well as those at Cherokee," he said. In April 1961 a regional meeting at Fem.- broke State College was held in preparation for the Chicago Conference of American In- dians in June of that year. Creech partici- pated in both meetings. He addressed the National Congress of American Indians at Lewiston. Idaho, in September of 1961 and attended the Association on American In- dian Affairs Convention in New York City in March of 1962. Creech was also participant in the annual convention of the National Congress of American Indians held at Cherokee in Sep- tember of 1962. STUDY COMPLETED After 3 years of research, field investiga- tion anti hearings, the subcommittee has completed its investigation of the constitu- tional rights of the American Indian. "This study encompassed a review of laws and regulations affecting Indian citizens; the act- ministraelon of law for Indians by Federal, State and tribal governments; and the pro- tection cf rights under the tribal cceirts sys- tem," Creech asserted. Creecla has made a number of trips in connection with the subcommittee's study of the constitutional rights of military per- sonnel. In July of 1962 he participated in field investigations at various installations in Germany, France, and the United King- dom over a 3-week period. During that sum- mer he eddressed the annual meeting of the Naval Reserve Officers' Association in San Francisco. In the fall of 1962, Creech, at the invita- tion of the Air Force, visited NATO bases and inspected installations in England, Norway, Germany, Italy, and France. In September of 1963 he went to Berlin to attend a meet- ing arranged by the Federal Bar Association. While there he was a guest of the West Ger-, man. Government and met with members of the German bar and judiciary. In 1963 he went to Chicago to attend the American Bar Association's annual conven- tion, where he had been invited to appear before tae military law committee of the association. He also addressed the annual meeting of the Judge Advocates Association at this time. He is eonsidered an authority on the Near East and from 1949 to 1951 was economic assistant at the American Embassy in Baghdad.. From 1952 to 1954 he was on loan from the Department of State to the Depart- ment of Commerce as international econ- omist and area specialist on the Near East. The following 2 years he served as eco- nomic officer at the American Embassy in London. He was a professional staff mem- ber of the U.S. Committee on Small Busi- ness for 3 years, later serving a year as counsel or the committee. He returned to Smithfield, where his mother lives, to practice law with the firm of Levinson and Levinson in 1959. A mem- ber of the Johnston County Welfare Board, he was North Carolina State chairman of the Mardi of Dimes in 1960 and 1961. He received the Smithfield Junior Chamber of Commerce distinguished service award as "'Man of the Year" for 1960. Long an ae- t.ve member of Centenary Methodist Church, he taught a Sunday school class. He was also on the Tuscarora Boy Scout Council. AID TO HUMPHREY In 1961 he was assigned as an aid to the deputy majority leader Senator HUIKERT H. HUMPHREY, at the Senator's request, to travel with him to the Near East. "During the slightly less than 3 weeks we were gone, Senator HUMPHREY conferred with the chiefs of state of Ave countries within an 8-day period," he said. "I was privileged L e participate In discussions the Senator held with the then Prime Minister Ben Gurion of Israel, and this then Prime Minister Con- stantine Caramanlis of Greece. While in Jor- dan we met with King Bussein." Collecting clippings has been one of Bill's bobbies since he was in school and he en- joys thumbing through them on subjects ranging from the Italian-Ethiopian cam- aign and the Spanish Civil War to the Sino- Japanese War. During his boyhood his father, the late Charles A. Creech, took Bill to practically every section of North Carolina. "He was State superintendent of prison camps and firms?there were over 90 of each?and I u sed to go with him to visit them. We also visited central prison 'n Raleigh frequent- ly. Dad was interested in traveling and in people?all kinds of people. He felt that everyone had something to offer and that each of us could learn a great deal from others. ENCOURAGED BY FATHER "He was particularly interested in govern- raent, in history and politics and he had a broad social consciousness. He encouraged ray interest in these ant so many other sub- jects when I was a boy, Dad was interested in prison reform, in improving conditions, in work projects, in rehabilitative programs designed to train these men to become useful citizens. He even assisted one prisoner in reading law. After the man was released from prison, he passed the bar and was admitted." Bill himself has strong convictions that one of the strengths cif this country is its deep concern for its people and the peoples Cf other nations. "This is an American heritage?under- standing and compassion for others," he said, "and I think Americans who travel to other countries feel this keenly." Bill is a graduate of the University of North Carolina with an A.B. in political science; attended the University of Oslo, Blindern, Norway; studied history and eco- BOMICS at George Washington University; received a certificate in English and Com- parative Law, City of London Law School, and has an LL.B. degree from Georgetown University. Last fall the American Bar Association ;Journal carried an article by him on service- men's rights and 18 bills were introduced as a result of the subcommittee's work in this area. Although till lives in Washing- ton, he maintains close ties with his home- town, where he visits his mother frequently. He is a member of the Johnston County Historical Society, is interested in the Ben- ionville Battleground Restoration and is furnishing a room at the Harper House. He was on the 1964 Governor's Symphony Ball Conunittee. In Washington, he is on the board of directors of the capital chapter of the National Foundation. He is in demand as a speaker on consti- tutional law and his engagements have taken him to law schools and a number of national meetings in various States, including an ad- dress to Peace Corps trainees at Indiana University. IDEALS, PROGRAM, AND REPSONSI- BrLITY Mr. McGOVE11N. Mr. President, on June 23, the distinguished senior Senator from Minnesota [Mr. HUMPHREY], ad- dressed the Wemen's National Demo- cratic Club, in Washington, D.C. It was an extremely inspiring address. Sena ;or HUMPHREY addressed his fellow Demo- crats on the principles on which that Party?or any party?should campaign. Polities is not simply the use of power, he said; rather, the best politics is the ex n*- else of responsibility. He urged his pa 7ty to take the high road of principle, of idealism, and of vision. To win an elec- tion is not the only task of a politiml party; it must also hold itself to a higher task of deserving to win an election. A party asks for the privilege of governi It has a public trust. Any party must remind itself of this constantly. This political address by Senator HUM- PHREY achieved the high plane and ex- emplified the quality of moral responsi- bility in which politics can and should be conducted. Senator HUMPHREY hopes, as do I, that the coming national cam- paign will have this quality. He has so urged his party. I commend the op Tit of his address to the members of all par- ties; and I ask unanimous consent that the address be printed at this point in the RECORD. There being no objection, the address was ordered to be printed in the RECORD, as follows: LABORERS WORTHY OF THE HIRE (Address of Senator Hussar H. HUMPHREY, Democrat, of Minnesota, to Women's Na- tional Democratic Club, June 23, 1064, Washington, D.C.) I wish to pay ray respects this evening to the Women's Democratic Club for the great role it has played in the big decisions of American politics. The Democratic Marty and the American people are in your debt I do not come here to convince you of the many virtues of the Democratic Pa ty. Rather I am delighted to come to share an advocacy. Democrats are essentially advo- cates. Let those dwell in negation who are not sure what they believe. I believe in ad- vocacy, in the affirmation of a positive fa .th. Here I find myself at home. Of course there must be substance to our enthusiasm. We must weigh causes care- fully and look at the great issues with the impartiality of a judge. But I have loo led at the causes to which we have given devo- tion. I have weighed the issues, and I have come up with one conclusion: We have been right--the Democratic Party is worthy of the public trust. I need not remind you either that till; is an election year. And we must not under= - estimate the importance of this election y em. I believe that this coming campaign will be harder fought then many of us now believe. Therefore it is our duty now to take an in- ventory, to find cut where we stand, to ask what we have been doing and where we are going. In short we must give a fair account to the American people of our stewardship. We owe that to the people and we owe it to ourselves. To govern is a responsibility. It does not permit the extravagance of emo- tional or irrational behavior. I know that a new sense of responsibility came to me when I took the job as the ena- jority whip in the U.S. Senate in January 1961. When I assumed that responsibility I sacrificed a certain freedom of action. One cannot take on the responsibility of leader- Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 1964 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 CONGRESSIONAL RECORD? SENATE 17101 ship without taking on some extra burdens of responsibility. It takes more self-discipline. And if you ask discipline from others, you must have it yourself. When the Democratic Party, through its elected President--our late and beloved John Fitzgerald Kennedy?took on the task of gov- erning this Nation, It also assumed many duties and many responsibilities. The Na- tion was confronted with a host of serious problems. But when John Kennedy, with a humility that sensed fully the magnitude of those problems, said simply, "I welcome them," he made us all more adequate to our duties. I am not here to recount history. The key to the success of the Democratic Party Is to attack the problems of the present and to look to the future. We feel no mandate to dwell in the past, much less attempt the impossible of returning to it. We would use the inspiration of the past, its source of reference, its residue of experience, to meet the new duties of new occasions. From the past we have learned the lessons of respon- sibility. Only the inexperienced in politics dream of the luxury of being freewheelers. Only the neophyte thinks he can?or even should?be able to pick and choose as he pleases, with an untrammeled independence of action on all issues and occasions. In conscience he may have liberty, but like- wise in conscience he is denied license. The Democratic Party has learned that. This party has governed this Nation since 1933, with the exception of 8 years. And in 6 of those 8 years, the Democratic Party had a majority in the Congress. We have learned that we have no right to be frivolous. We have learned that we have no right to look lightly on any subject or issue of the day. We have learned in each year to ask ourselves: "Have we kept the public trust? Has the public consensus been found? Have we protected not only the heritage of the past, but the options of those unborn?" A party in power for a long period of time may drain itself of leadership, or be- come complacent. Equally, a party long out of power Is tempted to seek control for the sake of control?to assault in desperation what it has not earned in merit. I can speak best for the Democratic Party. That party has been responsible to its trust. The Democratic Party has been able to re- ceive new strength. It has drawn a fresh vitality, year after year for more than 30 years. President Lyndon Johnson has long been a leader in the Democratic Party. One par- ticular attribute of character?one great hallmark of his leadership?began when he was the majority leader of the Senate during the 6 years of the Eisenhower ad- ministration when the Democratic Party controlled the Congress. Lyndon Johnson taught us in those years, he preached to us, lectured us?and sometimes cajoled us if you like?on the theme of the Democratic Party being responsible to the whole Na- tion. He cautioned not to be loose on fiscal policy. He reminded us that foreign pol- icy was above partisanship. On any and every domestic issue he counseled us on the duty of a party entrusted with the respon- sibilities of a majority. Today the President of the United States still exemplifies in word and deed the same thought, the same philosophy, and doctrine which he gave us then as the Senate ma- jority leader. He insists that the Democratic Party be a party of responsibility. And so I emphasize tonight the theme of responsi- bility?the theme of being laborers worthy of the hire in the vineyard of democracy. Perhaps anyone can preach. At least the world is full of good advice. President John- son has not been content with mere preach- ment. From the heritage of the American past, but projected to the future, he has captured that vision which converts duty into a drive. He has created a cause in which we can step forward to enlist. He has recovered the eternal wisdom that "without vision the people perish." We have been given the vision of "the great society." It is the same vision of the Founding Fathers. But it is the idiom of the 20th century, and chal- lenges our greater powers to achieve it. The American ideal has been made fresh again. People need ideals, not just ideas. It takes ideals to lift a man, a nation, a party?to re- store a spirit and fortify a will. It takes an ideal to lead. I have said that President Johnson drew his ideal of the great society from the spirit of the American past, from the dream that brought forth on this continent "a new na- tion, conceived in liberty and dedicated to the proposition that all men are created equal." President Johnson has also drawn his ideals from the great commitments of the Democratic Party. Most recently, President Kennedy described our goal as "the new frontier." That was his way of putting the challenge of new opportunities before this land and people. Partly in jest, one may say of another political party that instead of a new frontier, it has been groping in vain for a "lost horizon." In a recent telecast, President Johnson, gave a simple definition, without slogans, of the "great society." Reporters asked him: "Mr. President, Franklin Roosevelt had the New Deal; Harry Truman had the Fair Deal; John Kennedy had the New Frontier. What will you call your administration?" In the quiet, restrained and thoughtful manner so characteristic of him, President Johnson replied: "I suppose that what this admin- istration seeks for the American people is a better deal, a better life, a better world, a set of better circumstances, not only for the many, but for the few." This is an enduring commitment of the Democratic Party. As Franklin Roosevelt, the early mentor of Lyndon Johnson stated It, we do not seek to have government add to those who already have too much. We seek a government that makes it possible for those with too little to have enough. There is no need to enhance the privillge of a few. There is need to give opportunity to all. I am emphasizing responsibility, vision, and the better life tonight because I want Democrats to recognize in this year of 1964, that our task is to maintain the high ground of idealism. It is our duty to take the high- road of principle. Our job is to speak up for America at its best; for America as we want it to be, and the world as it must become if there is to be peace on earth. This is the responsibility we must not fail. I do not say we would lose the election if we lowered our gaze. Elections can be won on lower roads as well as higher. Politicians can win election, but only statesmen deserve to. I want the Democratic Party on the high road. I want us to win because we are re- sponsible to the trust we seek?the trust of all Americans. I say this because frankly I have the feel- ing that we shall be opposed this year with more desperation than usual. Our opposi- tion will appeal to the passions of the peo- ple, instead of to reason. There may even be a tendency to pit group against group, or section against section; to divide the house of America instead of to unite it. I hope it will not be so, but I believe it may be so. In any case we must shun every temptation to travel such a road. Any party that takes that route will be unworthy of the public trust, even though it wins the elec- tion. What this Senator seeks to do tonight then, is to remind you of the high ground, to ask you to stand this year even a little taller, to draw even more deeply of a cleaner air, to think even more in terms of political refine- ment. I ask you to set your standards a notch higher than usual, and don't be afraid of such a stand. You have asked me to speak also of civil rights and the legislative record. I am pleased to do so because I believe that the record of the Democratic Party here gives substance and texture to the theme I would leave with you of meriting the public trust, We have kept the faith. Let me be brief on civil rights?you can read the papers?and clarify the issue as I have seen it. I became involved in civil rights long be- fore I ever came to Congress. My concerns began in a small town in South Dakota. They continued later in a city in Minnesota. The husband of Jane Freeman?Orville Freeman?was a young lawyer just graduated from the University of Minnesota, and was helping me, without pay, when I was mayor of Minneapolis. Orville Freeman wrote the first municipal fair employment practice ordinance that was ever written in the United States of America. We passed it. We made it a fact of law. Civil rights has nothing to do with getting a Negro vote. The Democratic Party has been getting Negro votes without civil-rights legislation, I am not sure that being for civil rights is a plus issue in getting votes. Civil rights is an issue of morality. It is an issue that goes to the heart of the whole struggle in the world today. It is the issue between the Communist and the freeman. It Is the issue between those who believe in colonialism and those who believe in democracy. It is an issue of human dignity. Civil rights transcends any and all political parties. It goes to the core of democratic thought and experience. Speaking for the Democratic Party, we have no choice as a party worthy of the respect of the Nation except to come to grips in our own community with the issue of human dignity. You cannot treat people in a society that is supposed to be united? the United States of America?as if some persons are inferior to others. You cannot have a first-class citizenship for some and second-class citizenship for others. You can- not deny the morality of human dignity and survive as a free people. And so the Demo- cratic Party came to grips with the issue of human rights and constitutional guarantees. Tonight, in this Democratic club, I want to praise my Republican associates who put their country above party. Because of this, our Nation, and we as elected representa- tives of the people without regard to party, were able to pass civil rights legislation which was long overdue. The civil rights legislation just passed, will do more for this country at home and abroad in the days to come than any single act of this century. The civil rights issue illustrates that ideal- ism is the best politics. The essence of politics is not power. Politics deals with power to be sure?but under the moral im- perative to order it with justice. The essence of politics is to ask the continuing question: "What is right; what is just?"?and to find the answers a conscience can live with. This is the obligation of a free society. In the main the Democratic Party has done well with this obligation. No political party can claim perfection. A political party, after all, is made up of people. We are many different people in America, with many dif- ferent attitudes. America is a large country. There are many different cultural patterns, diverse social and economic interests, and many variant visions of what is good. The rich diversity of the American pluralism is its greatest strength, but it sets a pace of movement in terms of what we can do to- gether. I do not believe any section of this coun- try can be condemned as being the only sec- tion that practices discrimination. Nor do I Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17102 CONGRESSIONAL RECORD ? SENATE August 1 believe any section of this country has Et monopoly on justice. In some places seg- regation and discrimination have been sanc- tioned by law. In others it has been enforced by habit and custom. Neither is good, and I shall be the first to admit that it will be harder to erase the custom of prejudice than it was to remove the inequity In the law. We have succeeded in establishing a frame- work in the law, within which we can put. the burden where it belongs?on our hearts and spirits?to work out the problems of human relations. The wounds of the con- troversy have been ended. The time of heal- ing has anly begun. It is a wonderful, wonderful feeling, how- ever, to know that this country has finally reaffirmed the faith it declared In 1776. We have found again that doctrine of the in- alienable rights granted to every man by his Creator?the rights of life, liberty, and the pursuit of happiness. As we have found again our own inner heart, we are entitled once again to a decent respect from the opin- ions of mankind. It will serve us well in the difficult days ahead. As for the legislative record of the Demo- cratic Party in recent years, It should give a pardonable pride to any party. As a Demo- crat I am proud of it. Less than a year ago the newspapers were giving the 88th Congress a bad time. The 88th, they said, was a "do-nothing Congress." It was "paralyzed." It was in a "logjam." Last September I was in New York and speaking on the 88th Congress. I quoted generously from the press. I quoted the condemnations of Congress as "fumbling, bumbling, dropping the ball, failing to come to gripe with the issues of our time," et cetera. Men I revealed that my quotations were from a report in the New York Times on the 63d Congress?not the 88th. There never has been a time when there has not been criticism of the elected repre- sentatives of the American people in Con- gress. I suppose this is to be expected and somewhat desired. But, as I say when I am out in Minnesota on the hustings: "No mat- ter how warm the hen, it takes 21 days to hatch an egg." No matter how diligent the Congress, how able the leadership, or how in- ept, it lakes a certain amount of time to process legislation. I ask my fellow Democrats and fellow citi- zens this year, however, to remember the 87th and 88th Congresses. Those are the Congress that you must base your appeal to the voters on?and believe me, you can do it with pleasure. The 87th Congress, 1st and 2d sessions, was a remarkable Con- grew. The 88th will go down in history with many, many merit badges, and many, many awards. Let me review the record: First of all, don't forget, my fellow Amer- icans, where you were on January 19, 1961. You were not only in a Washington snow- storm. You were in an America that was in retreat. You were in a nation that was be- ginning io lose its sense of dignity and power and majEaty. You were in a nation where the economy was faltering. The rate of unem- ployment; was rising rapidly and the gold reserve usa leaving the country. People tend to forget things like this. One day later, on January 20, 1961, a brave, brilliant, vital, intelligent young man, elected in a hard-fought campaign by a very close margin, stood before the American people and called them to action. It was no uncer- tain trumpet he sounded. It was a clear charge from the trumpet to go forth and get the country moving again. President Kennedy's challenge must still be vivid in our memories. "Ask not what your country can do for you" he said, "ask what you can do for your country." Again he reminded: "If a free society cannot help the mane who are poor, it cannot save the few who are rich." On what was to be a re- curring theme of peace he noted "Let us never negotiate out of lean But let us never fear to negotiate." Uc was electrifying. He gripped not only his fellow Americans?he found the ears at mankind around the world. Speaking of many problems, he said sim- ply "Let us begin." And we did begin. Your Congress and your Executive worked together from the beginning. We did not perform miracles, but we did begin the job of governing. We started to rebuild our for- eign policy. We began to strengthen our national security. WE started on domestic Issues of many kinds, not least being to im- prove the economy. It is no miracle or mystery why Mr. Khru- .3hchey Is more respectful of the United States of America today than he was, let us say, 5 years ago. Today he confronts a na- tion with superlative power. He knows that :we have the will to use that power if neces- sary, the self-confidence to restrain it when Lt Is not needed, and the wisdom to know the difference. He respects a firmness that es not belligerent, and he does not mistake :forbearance for weakness. Mr. Khrushchev knows also that he con- fronts a nation that is as strong economically as it is politically and militarily. And it is not any miracle that we have this strength *because we planned to have it that way. We started out with one program after the other?housing, minimum wage, social seen- :ate% agriculture, investment-tax credit. We did begin. The Democratic Party has always included hibor, minority groups, and various under- orivileged in the coneensus it has sought. We shall continue to do so of course, as a party of all the people. Yet I want you to i?emember also that no political party in the history of America has ever been more re- sponsible and more ear fteat about the Ameri- ean system of free enterprise, than has the Democratic administration of Kennedy and Johnson. We have legislated tax credits. We have given accelerated depreciation al- lowances. We have passed In this 88th Con- gress the greatest and largest tax reduction in the history of this Republic. The purpose has been to free the productive powers of our private economy to achieve its potential in growth, and its power to service our people In jobs as well 83 goods and services. We can remember the 87th and 88th Con- gresses for higher education. Not since the time of Abraham Lincoln has there been enacted a broader program for education. We have not yet finished this task. but we have made a great and significant start. The Democratic 87th Congress gave Amer- ica the Trade and Expoet Expansion Act. We are prepared for worli trade competition. We seek new markets. We are expanding our commerce. If the 88th will be known as the Education Congress, it will also be known as the Health Congress. This Congress launched for the first time by the GovemMent, a frontal at- tack upon mental health and the problems of mental retardation. For passing civil righes legislation the 88th will be known as the Freedom Congress. The 88th will also be the Congress of Eco- nomic Opportunity for its programs of pub- lic works, area redevelopment, tax credit, and tax reduction, and the war on. poverty. These are some of the milestones we can take to the American people. We have had our heartaches in the past 4 years and much to grieve about. But what a. test it was of our whole system of Cere- s rnment and of our people on that black Fri- day of November 22, 1E63. I do not wish to dwell on those emotio.as. Suffice it to say that all of us, with millions around the world, felt the pain of suffering and sorrow. But America did not stop moving. And I suppose that just as John F. Kennedy will always be remembered for saying "Let us begin.," the words of Lyndon Johnson in ad- dress to Congress on the 27th of November will also be immortal. They were: "Lee us continue." I want to say to Democrats here tonight that this commitment to continuity is more than a political commitment to a man. Ours is a corcunitment to the American people. Ours is a commitment to the platform we laid out in 196e.. It is a commitmeni; to continue the Kennedy-Johnson program de- veloped in concert with the leaders of Con- gress. I believe that I have been a part of those discussione. I have heard the President of the United States speak to his legislative lieutenants and to his Vice President. I have heard, the Vico President of the United States give his views to the President. I witnessed the formation and development of the pro- gram we call the Kennedy-Johnson admin- istration program. I watched these two Men develop it together and I saw what went into it. President Johnson then was no stranger to the tasks it became his to administer. He came into It as a working partner. When he spoke of continuing, he spoke of that, to which he had given of his own thought, work, and energy. And so we did continue what we had begun. We. passed the legislation the President lalei before us. Perhaps the best demonstration of it WAS the passage by -the Senate of the United States in a vote of 73 to 27, of the civil rights bill, just 1 year to the day after President Kennedy sent the legislation to the Congress. That was "Let us continue." We can go to the American people with this record. I believe that the American peo- ple will respond as the master of the house responded to those servants who used their talents well. The Democratic Party has not buried' its talents. It has invested them for the Wel- fare and improvement of the people it serves, and I believe the people will continue our stewardship. I want to emphasize tonight that just as President Johnson has put vision into a duty, he has asked humanity to statistics. Our record tonight is not embalmed in eco- nomic indicators, in bits of information that the gross national product has soared isell over 40300 billion, or the other charts that say we are Indeed moving ahead. President Johnson's eye has fallen on the individual who cannot be pictured me a graph. He has noticed the persons Who have fallen through the cracks of the affluent society, the impoverished elderly lost on the back street, the nameless youth who can't get a job, the man whose skill has been made obsolete but he still has a family to support. Lyndon Johnson has noted this with the eye of compassion. He has xe- minded Us that to do something about; it Is part of our spiritual doctrine, and there- fore must be part of our political doctrine. In the midst teen of unprecedented pros- perity the President has called attention to unfinished business. He is unconcerned about what the Communists may make of it as propaganda abroad, or what any po- litical critics may say at home. He has identified a flaw in our social body and has declared without qualification that "we are going to declare war on poverty in America." It is not only the poverty of the purse, not only the poverty of Income, which must be conquered. It is the poverty of the spirit, the poverty of illtieracy, the poverty of sick- ness, the poverty of hopelessness, the poverty of frustration, and the poverty of bitterness that must be vanquished. The President has not asked foe a token battle. He has demanded an all-out war. This is a new challenge to the American conscience. There is nothing new about poverty. The Scriptures record that "the poor ye have always with you." That was not noted as Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 1964 Approved For Release 2002/01/23 : CIA-RDF'75B00380R000800130032-9 CONGRESSIONAL RECORD ? SENATE 17103 a counsel of complacency however, but rather as an urgency to help them. What is new about poverty today is that we can do some- thing about it. Therefore we must. We have the means to eliminate it. We are a people graced and blessed with the tech- nology, the science, the resources, the in- telligence adequate to give opportunity for all above the level of privation. We can do no other than wage a war on poverty. We have a moral responsibility. I am delighted as a Democrat that I have been privileged to enlist in this cause. We can win it and we ought to make it a great crusade. We ought never to rest one single day as a party or as individuals until we have made sure that everyone in America has the opportunity to stand in economic independence. In the long run this means a major in- vestment in education in America, for here is the chief source of the new wealth in America. The development of brainpotwer plus character is the key to the great society. We must see to it that everyone in America has an opportunity for the best of education to the limits of his ability. The most serious deficit this Nation faces is in education. It Is not the budget deficit that imperils us. It is the intellectual deficit that is allowing people to fall behind in the economic strug- gle and which is putting brakes on our power to create new wealth. We must invest money to make money. We must pour much more of our substance into education. This is not waste. This is not even spending. This is genuine investment?this is finding talent and putting it to work to increase many times over. This party of ours ought to champion the cause of enlightenment and have no fears of those who talk about it as spending and waste. And we can win the struggle to help our elderly people. This society has been gener- oUs with youth. It provides much for those in the full bloom of life. Surely we can, and surely we will provide for those in the twi- light of life. Therefore, we can pass hospital and nursing home care. We have an obliga- tion and responsibilty here, too. Old age should be lived in serenity and dignity. The young who do not respect age, will come to hate their own future. Brooding over all our other concerns, of course, in this latter half of the 20th cen- tury, is the concern for peace. Since the close of World War II the world seemed to be on a slow but steady collision course with disaster. The accelerated race for thermonuclear weap- ons pinned us on a pervasive anxiety.' Yet since 1961 there have been great movements toward peace. The world is not yet safe, and peace is not secure, but we have a new lease on hope, and a new reason to believe that we can take the first steps in a new direction away from war. We began to sense it in President Ken- nedy's address at American University on June 10, 1963. The point that "peace is a process" was made simply, but eloquently clear. The truth that "war is not inevitable" was given a new conviction and determina- tion. This address will surely be one of the great state papers of all time. If Democrats, Americans, Republicans will study it, we shall be less impatient, we will be more un- derstanding, and we shall have a new deter- mination to heed the President's words when he said "we must persevere" in the cause of peace. In these last 4 years we have had striking evidence of that perseverence for peace from at least four apostles of peace who gave their lives for it. Dag Hammarskold gave his life for peace in a very real sense. He died in the Congo while seeking the answers, relentlessly pursuing the formula for peace in that part of the world. Indeed, the quest for peace had come to dom- inate his every concern as Secretary General of the United Nations. In these years, too, we lost that great lady, Eleanor Roosevelt, and we realized that she, too, had given her life for peace. She has been in this club many times. She inspired us so frequently. I never knew her to speak unkindly of anyone. She died as she lived, in lifelong dedication to the cause of peace. We have just lived through a time also when a peasant who was a parish priest, rose to become the chief prince of his church, and gave his life for peace. Pope John XXIII will be remembered as will few in our time, or any time. His great Easter "gift" as he called it?"Ps.cem in Terris"?is one of the most moving and magnificent documents for peace and justice that has been given to mankind. Again the overtones of this message soared beyond its content. He addressed "all men of good will." His astounding faith that there were such, every- where, penetrated both the disillusioned of spirit and the hard of heart. He addressed the natural reason of men, even behind the Iron Curtain. Perhaps no one in our time got closer to the heart of humanity than did Pope John. John Fitzgerald Kennedy gave his life for peace?for peace at home and abroad. He fell indeed the victim of a tormented mind. Even more, he was the victim of a tormented society, a society that has been infected with hate, bitterness, and extremism. His was indeed a sacrifice for peace at home. But a world shared our grief because they believed his cause encompassed theirs. I could give other evidences of change in the world, of movements in foreign policy and in the actions of nations, which would also suggest that this still untidy and restive world is wrenching itself away from the path of war. But what I say to my fellow Demo- crate is this: That because we have had such a close association with all of these great personalities and with all of the policies and programs I have mentioned, we cannot ap- proach the campaign of 1964 as if it were just another election. It is not, in any sense. Every election in America is impor- tant, but elections now in America are vital. They determine not only the future of this Republic. They had in balance the fate of the world. Once again then I make the ap- peal with which I began. I appeal to the Democratic Party to take the high road of principle and ideals; of wisdom and courage. The American people want to be better; they want to believe; they want to be good; they want to have faith; they want to have ideals. Above all they want political leaders and a political party that makes them under- stand the importance of those ideals. There- fore, whether we are a precinct worker, a Congressman, a Senator, an officer in this club, a member of the Democratic National Committee, or just a plain citizen?whatever we are?we have a responsibility in this campaign. We must be worthy in our con- duct, of the memory of John F. Kennedy. We have an obligation to carry forward the declaration of faith and the program of this party of Lyndon Johnson. We have the obli- gation to prove that we are worthy of the faith and trust of the American people as a party that is responsible, constructive, progressive. and idealistic. In the words of John Wesley's great hymn "We have a charge to keep." That is why I came to you tonight, to urge you to be worthy of it. Thank you. AMENDMENT OF FOREIGN ASSIST- ANCE ACT OF 1961 Mr. MANSFIELD. Mr. President, I ask unanimous consent that the unfin- ished business be laid before the Senate. There being no objection, the Senate resumed the consideration of the bill (HR. 11380) to amend further the For- eign Assistance Act of 1961, as amended, and for other purposes. AMENDMENTS TO NATIONAL DE- FENSE EDUCATION ACT AND IMPACTED AREAS LEGISLATION Mr. MANSFIELD. Mr. President, if the distinguished chairman of the Com- mittee on Foreign Relations will approve, I should like to ask unanimous consent temporarily to lay aside the pending busi- ness. Mr. President, I ask unanimous con- sent that the Senate proceed to the con- sideration of Calendar No. 1212, Senate bill 3060, which I understand will take little time. The PRESIDING OFFICER.. The bill will be stated by title. The LEGISLATIVE CLERK. A bill (S. 3060) to amend and extend the National De- fense Education Act of 1958, and to ex- tend Public Laws 815 and 874, 81st Con- gress (federally affected areas). The PRESIDING OFFICER. Is there objection to the request of the Senator from Montana? There being no objection, the Senate proceeded to consider the bill. Mr. MORSE. Mr. President, I ask unanimous consent that the professional staff members of the Committee on La- bor and Public Welfare be permitted the privilege of the floor when Senators en- gage in debate during the discussion of the bill S. 3060. The PRESIDING OrteiCER. Without objection, it is so ordered. Mr. MORSE. Mr. President, in open- ing the Senate debate on S. 3060, a bill to extend for 3 years, and to amend the provisions ,of the various titles of the Na- tional Defense Education Act of 1958, and which also extends for 2 years the provi- sions of the impacted areas legislation, Public Laws 815 and 874, I wish to ex- press to each of the members of my sub- committee who sat with me and who worked with me in our executive sessions my deepest appreciation. This bill bears upon it the mark of our combined judgment in almost every area. In particular, I wish to express to the junior Senator from Vermont [Mr. PROUTY] and to the senior Senator from Approved For Release 2002/01/23 : CIA-RDP75B00380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17104 CONGRESSIONAL RECORD ? SENATE August .1 New York [Mr. Sams] my appreciation. for their willingness without compromise. of principle, to work diligently in ham- mering out conscionable compromises of language and intent. I wish to thank al- so the junior Senator from Idaho [Mr. JORDAN] ? who was most helpful. To the very distinguished Senators on my own side, the senior Senator from Michigan [Mr. McNewteee], the senior Senator from Texas [Mr. YARBOROUGH], the senior Senator from Pennsylvania [Mr. CLAW , the senior Senator from West Virginia [Mr. RANDOLPH], and in Particular to our beloved chairman, the Senator from Alabama [Mr. HILL] the author of the Hill-Elliott Act of 1958 which we now seek to continue, I can only say, thank you from the bottom of my heart for the help you have been to me and to the boys and girls of America who wit, be the beneficiaries of this leg- islation. Mr. President, before I present a brief summary of the principal provisions of the bill, there is one point I should like to discuss. In our executive session, it was indicated that there were members of the committee who, although they were not cosponsors of S. 580 upon its intro- duction, nevertheless in view of the fact that the bill then being reported was the product of the combined thinking of membere of the committee on both sides of the wee, wished to have their names appear cn the bill when it was reported. We sought to find a way in which this could be done. Unfortunately, since the bill being reported was an original bill from oorunittee, the advice we were giv- en was tnat to do so at this stage would be contrary to the precedents controlling in the Senate. I sought then yesterday when I filed the bill, to indicate the sense of the agreement reached in the committee by requestir g unanimous consent that at the next printing of the bill in the Sen- ate the names of those Senators who had expressed a desire to do so should be added as cosponsors. This procedure, too, it was found later, was contrary to the precedents of the Senate. I, therefore, Mr. President, wish to an- nounce teat were it possible the follow- ing Senators had expressed to the bill clerk their desire to be associated with this legislation: Senators CLARK, COOPER, ?ULBRICHT, HILL, HUMPHREY, JAVIT$, KENNEDY, Ku- CHEL, MANSFIELD, MCNAMARA, METCALF, PELL, PROUTY, RANDOLPH, WILLIAMS Of New Jersey, and Yeasoeorrem. To each of them again I express my deep ap- preciatiort. AMENDMENTS TO THE NATIONAL DEFENSE EDU- CATION ACT TITLES I AND II NATIONAL DEFENSE EDUCATION ACT AMENDMENTS These sitles of the National Defense Education Act are the general provisions title and the student loan title. The committee made one change in the gen- eral provisions which will permit some 35 accredited nonprofit private business schools to come within the purview of the student loan, program established un- der title II of the act. In title II the language has been broadened to permit part-time students, defined as students who are carrying at least half the normal academic work- load program, as determined by the in- stitution, to obtain the benefits of the student loan program. This necessitated an increase in the funds authorization for student loans. Currently, $135 mil- lion is authorized for this purpose. If the bill is enacted, as I hope it will be, $145 million would be authorized for this fiscal year; $165 million would be author- ised for the fiscal year ending June 30, 1966; $180 million for fiscal year 1968; and $195 million for fiscal year 1.969. The committee learned that there were seven large universities in the Nation which are currently handicapped by the $800,000 institutional loan ceiling in the present law. I ask unanimous consent, Mr. President, that a table which may 'be found in the committee report list- ing the seven institutions and the amounts of money they are requesting fer the academic year 1964-65, be printed :at this point in my remarks. There being no objection, the table was ordered to be printed in the RECORD, as follows: institutions requesting 4800,000 and over for academic year 1964-61 (as adjusted) as of May 20,1964 Approved request C al if or nia : University ct Califor- nia, Berkeley_ $942, 300 Indiana: Indiana University____ 1,561, 500 Kansas: University of Kansas__ 850, 500 Massachusetts: Harvard Univer- sity 1, 194, 400 Michigan: Michigan State Uni- versity of Agriculture and Ap- plied Science_.. 848,220 220 Minnesota: University of Minne- sota 1, 102, 600 Wisconsin: University of Wiscon- sin 1, 067, 723 Total, 7 institutions______ 7, 567, 143 Mr. MORSE. Mr. President, by re- moving the $800,000 loan limitation, the committee has, while giving relief to the larger institutions, also assured. it- self through inquiry of the Office of Education that no small institution nor the students attending it would be handicapped in any way by this change in the statute. As chairman of the subcommittee, I insisted upon obtaining the findings of fact to justify this change, otherwise I would not have been in favor of lifting the ceiling. The information we received was to the effect that sufficient funds are au- thorized to meet the reasonable requests of all institutions large or small. A further change in title II affects the forgiveness feature of the present law. Senators are aware that students who have borrowed money who teach in Public elementary or secondary schools may have up to 50 percent of their loan indebtedness cancelled. Last year the Senate considered and passed S. 569, a measure introduced by Senators PROUTY Of YETMOnt and KEATING of New York, which would have extended this loan forgiveness principle to teachers in the private nonprofit elementary eind secondary schools and to all teachera in Institutions of higher education. Since as yet, the House of Repre- senatives has taken no action on S. 569 but instead has included a similar pro- vision in legislation which parallels the measure we are now debating, it seemed to the committee prudent to incorporate in these amendments the loan forgive- ness feature previously passed by the Senate. I would make note that the amend- ments in S. 3060, unlike the House coUn- terpart, preserve in section 204(4) of the National Defense Education Act the special consideration of that act for stu- dents with a superior academic back- ground who express a desire to teach in our elementary and secondary schools. It was felt that since the provisions of titles III and VI of the act have been broadened, it would be well that stu- dents in such areas be given considera- tion in connection with their financial needs and therefore, the committee re- placed the language ? previously in the act giving special consideration to "stu- dents whose academic background indi- cates a superior capacity of preparation in science, mathematics, engineering, or a modern foreign language" with the phrase "other students with a superior academic background." It had been related to the committee that graduate students found the loan limitations of the present act onerous. Therefore, in this area the committee has recommended that a graduate or professional student be permitted to bor- row up to $2,500 a year but that the ag- gregate of the loan made to any one in- dividual who is a graduate student may not exceed $10,000. It was felt that the superior debt re- paying capacity of the graduate student based upon his educational attainment made such a charge feasible. We must must not forget that many of these young men and women are married and have family responsibilities. Senators will find in the committee re- port a full description of the changes I have noted and certain others which are of a minor or technical nature, but I would call particularly to their attention the table in the report which gives the estismated distribution of the loan funds in each of the fiscal years and in order that this may be readily available I ask unanimous consent that the table in the report headed "Estimated Distribution of Legislative Authorizations" for title II loan funds be printed at this point in my remarks. There being no objection, the table was ordered to be printed in the REcoar, as follows: Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23: CIA-RDP75600380R000800130032-9 1964 CONGRESSIONAL RECORD - SENATE Estimated distribution of legislative authorizations, title 11, sec. 202(a), student loans 17105 Fiscal year 1965 Fiscal year 1966 Fiscal year 1967 Fiscal year 1968 Fiscal year 1965 Fiscal year 1966 Fiscal year 1967 Fiscal year 1968 Aggregate United States 50 States and Dis- trict of Columbia_ Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia_ Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana $145, 000, 000 $165, 000, 000 $180,000,000 - $195, 000, 000 Nebraska__ - - Nevada New Hampshire New Jersey New Mexico.- ------- New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota - Tennessee Texas Utah ' Vermont Virginia Washington West Virginia Wisconsin Wyoming District of Columbia American Samoa_ Canal Zone Guam Puerto Rico Virgin Islands $1, 373, 608 196,821 586,493 ? 2, 788, 718 739, 530 11, 671 520 8,644:547 698, 642 7, 083, 473 2, 341, 067 1,972,929 7, 604, 176 765, 186 1,456, 753 673,882 2, 846, 207 7, 941, 471 1, 638, 087 500,566 2, 403, 319 2, 899, 311 1,264, 619 3, 535, 700 301,358 1, 263, 252 $1, 563, 072 178,224 667 ass 3,173:369 841,534 13, 281, 386 147, 243 4, 795,006 8,060 503 2,883:973 2, 245,057 8, 653,028 870 728 1,657:034 766,335 3,238, 788 9,036, 846 1,864, 030 569,600 2, 734, 812 3, 299, 215 1, 439, 050 4, 023, 382 342,925 1,437,493 $1, 705, 169 194,428 728,060 3, 461, 857 918,037 14, 488, 784 4,524, 265 867, 279 8, 793, 276 2, 906, 152 2, 449, 153 9, 439,667 949,886 1,808, 383 836,543 3,533, 223 9, 858, 377 2, 033, 487 821,392 2, 983, 431 3, 599, 144 1,589, 87r 4, 389, 144 374,100 1, 568, 175 $1, 847, 266 210,629 788,732 5,750, 345 894, 640 15, 696, 183 4, 911, 287 939, 552 9, 526, OM 3, 148 331 2,668: 249 10,220, 306 1, 029, 043 1, 959, 082 906,255 3,827, 658 10, 679,008 2, 292, 944 673, 175 3, 232, 050 3, 899,071 1, 700, 695 4, 754, 906 405,275 1,698, 856 ? 144, 002, 783 163, 866, 235 178, 762, 075 193, 668, 914 1, 993, 727 58,432 1, 474, 391 1, 290, 747 15,038, 526 2, 015, 798 1, 839, 228 283, 107 3, 293, 481 2, 401, 056 501, 433 569, 609 7, 176, 804 4, 154, 403 2, 765, 611 2, 361, 393 2, 049, 235 2, 636, 436 597, 246 2, 040, 605 5, 579,464 6,266, 174 3, 511, 695 1, 715,053 3, 584, 134 680,960 2, 288, 724 88,492 1,677,765 1, 468, 781 17, 112, 805 2, 293, 839 2, 092, 914 322,186 3, 747, 755 2, 732, 236 574,010 648, 176 8, 188,708 4,727, 425 8, 135, 696 2,687, 103 2, 331, 888 3,090, 082 679,824 2, 322, 068 6, 349, 046 7, 130,474 3, 996, 066 1,951, 612 4, 078, 497 752, 127 2, 474, 971 72,537 1, 830, 279 1, 602, 306 18, 868, 514 2, 502,870 2, 283, 179 351, 443 4, 088, 460 2, 980, 621 626, 193 707, 101 8,000, 136 5, 157, 191 3, 420, 769 2, 931, 385 2, 543, 878 3, 272, 817 741,468 2, 533, 165 6, 926, 232 7, 778, 699 4, 359, 345 2, 129,032 4, 449, 270 820, 602 2, 681, 219 78,681 1, 982, 802 1, 735, 832 20, 224, 226 2, 710, 901 2, 473, 444 380,730 4, 429, 164 3, 229, 006 678, 375 766.028 9, 651,584 5, 586, 956 3,705, 822 3, 175, 667 2, 755, 868 3, 545, 551 803, 192 2, 744, 262 7, 503, 418 8,426, 924 4, 722, 624 2, 306, 451 4, 820, 042 888,877 20,562 14,997 960,479 1,179 23,398 17, 066 1,092,959 1,342 25,525 58,617 1, 192, 319 1,464 27,653 20, 166 1,291,678 1,386 NO7E.-Distr1bution of all amounts estimated on the basis of full-time degree credit enrollment (excluding U.S service schools), fall 1963. TITLE HI NDEA AMENDMENTS Mr. MORSE. Title III of NDEA pro- vides funds under which public schools may receive matching grants for the pur- chase of equipment used in science, mathematics, and modern foreign lan- guage instruction. The present law pro- vides also that loans to our private schools may be made for the purchase of such equipment. Briefly, the committee amendments would broaden the subject matter areas to include the additional subjects of history, civics, geography, English, and remedial reading. The ad- ditional areas, with the exception of civics and remedial reading, are to be found in the parallel legislation being considered by the other body. The critical subjects, as these additions to the act are termed, were justified in our view by a number of considerations, many of which are spelled out in far greater detail in the c6mmittee report, but briefly it was felt that we could not accomplish the objectives of the act in utilizing the traditional disciplines of mathematics, science, and modern for- eign languages, unless the child or youth had command of his mother tongue, and an understanding of his government in all its geographic variety and its great history of political and economic free- dom. This led naturally to the inclusion of English and remedial reading at all grade levels. It was our view that a very broad construction should be given to these " terms since in many school districts the subject matter is taught under different course headings. We have set forth carefully in the re- port our belief that history includes the contemporary as well as the past; that English comprehends literature; and that the term "civics" which relates most generally to the structure, the organiza- tion, and the functions of all levels, State, Federal, and local government, can be understood only in conjunction with the impact on each of these government levels of the contemporary scene at home and abroad. We have, therefore, in title III and again in the institute title indi- cated our hope that the Commissioner of Education in administering these titles will feel that he can with propriety in- clude, for example, equipment used in current affairs classes and that teachers may receive institute trainings in inter- national affairs, to name but two. Similarly, in the remedial reading cat- egory, we would certainly hope that every attention, both by regular and specially trained teachers, be given to overcom- ing the reading handicaps of our young people whatever their cause. In order to fund this portion of the act, an authorization of appropriations of $90 million is provided for fiscal year 1965 and the three succeeding years and the corollary amount of $10 million for matching grants to the State educa- tional agency for supervisory and related services and for the administration of the State plan has been provided. I ask unanimous consent, Mr. Presi- dent, that the tables in the committee report relating to title III be printed in the RECORD at this point in my remarks. There being no objection, the tables were ordered to be printed in the REC- ORD, as follows: ESTIMATED DISTRIBUTION OF LEGISLATIVE AU- THORIZATIONS Title III, Sec. 302(a)-grants for the acqui- sition of teaching equipment, fiscal years 1965-68 (each) United States and outlying parts $79, 200, 000 50 States and District of Co- lumbia 77, 769, 460 Alabama Alaska Arizona Arkansas California . 2, 089, 073 95, 345 825,045 1, 096, 763 4, 692, 896 Title III, See. 302(a)-grants for the acqui- sition of teaching equipment, fiscal years 1965-68 (each)-Continued Colorado Connecticut Delaware Florida Georgia Hawaii Idaho $866, 707, 133, 2,256, 2, 513, 274, 430, 393 227 952 586 700 115 778 Illinois 2,886, 888 Indiana 2,028, 256 Iowa 1.861, 199 Kansas 1,025, 334 Kentucky 1, 852, 916 Louisiana 2, 141, 299 Maine 494, 084 Maryland 1,806, 554 Massachusetts 1, 528, 454 Michigan 3, 281,426 Minnesota 1, 730, 299 Mississippi 1, 482, 787 Missouri 1, 684, 094 Montana 353, 453 Nebraska 687, 541 Nevada 96, 991 New Hampshire 271,085 New Jersey 1, 681, 223 New Mexico 667, 596 New York 4,443, 154 North Carolina 2, 915, 620 North Dakota 397, 376 Ohio 3,755, 845 Oklahoma 1, 266, 671 Oregon 799, 514 Pennsylvania 4, 186, 466 Rhode Island 297, 661 South Carolina 1, 621, 303 South Dakota 441, 991 Tennessee 2, 159,466 Texas 5, 374, 317 Utah 616, 541 Vermont 203, 123 Virginia 2, 262, 271 Washington 1, 235, 333 West Virginia 1, 105, 846 Wisconsin _____________ 1, 852, 429 Wyoming 168,221 District of Columbia 175, 957 American Samoa 50, 000 Canal Zone 50, 000 Guam 50, 000 Puerto Rico 1, 230, 540 Virgin Islands 50, 000 Approved For Release 2002/01/23: CIA-RDP75B00380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17106 CONGRESSIONAL RECORD - SENATE August 1 Title III sec. 302 (b)-State supervision atd administration, fiscal years 1965-68 (each) United State* and outlying parts $10, 000, GOO 50 State a and District of Co- lumbia 9,837, 337 Alabama 188,965 Alaska 50,000 Arizona 82, 976 Arkansas 99,201 California849, 066 Colorado 100, 4:34 Connecticut 727,91.5 Delaware 50, 000 Florida_ 264, 111 Georgia_ 227, 302 Hawaii_ 50.000 Idaho 50,000 494, 570 Indiana 245,847 Iowa 144,386 Kansas.. 113,784 Kentuck, 167,595 Louisiana 193, 079 Maine__.50, 525 M:arylane 170, 060 Massachilsetts 247, 901 Michigan 436, 240 Minnesota 186,490 Mississip; )1 134, 117 Missouri. 210, 521 Montana 50, 000 Nebraska '73, 734 Nevada_ 50,003 New Har mshire 50, 000 New Jars *?" 304, 177 New Mexico 80,383 New Yorl 803, 881 North Carolina 263, 716 North DI kota 50, 000 Ohio_ 524,761 Oklahoma 124,461 Oregon_ 04, 883 Pennsylasoula 557, 413 Rhode Island 50,000 South Carolina 146, 646 South Di- kota 50,003 Tennesse.- 195, 322 Texas_ 550,229 Utah_ 67,713 Vermont 50, 000 Virginia_ 224, 487 Washington 157, 326 West Virsinia 100,323 Wiseman 212,269 Wyoming 50,000 District of Columbia 50, OW American Samoa 10, 000 Canal Zone 10,000 Guam_ 10,000 Puerto 11 co 122,873 Virgin Lel ands 10, 000 Title .11, sec. 305-Loans to nonpubrio schools, fiscal year 1965-48 (each) United 33tates and outlying pax ts $10, $00,000 50 States and District of Co- lumbia. 10,672, 056 Alabama.. 53.059 Alaska _______ ------- 3,727 III, sac. 305-loans to nonpublic schools, fiscal year 1915-68 (each)-Con. Arizona_ Arkansas.. California- $58, 075 21,472 693,843 Colorado '16,660 donnecticut_ 194.312 Delaware ------ 33, 894 Florida 184,385 Georgia 46, 138 Hawaii_ 83,946 Idaho 15, 971 Illinois 929, 856 Indiana 227,141 Iowa 171,598 Kansas_ 91,211 Kentucky 155, 272 Louisiana 250,887 Maine 62, 641 Maryland 242,402 Massachusetts._ 461,379 Michigan 594,469 Minnesota 297, 944 33,716 issouri .. 294, 573 Montana ? 35, 733 Nebraska. 100, 261. brevada '7,098 New Hampshire.. 61,931 New Jersey- 525, 262 New Mexico 48,-090 Se v. York 1,486, 173 North Carolina_ 34,426 North Dakota_ .__ _ _____ -Ohio Oklahoma Oregon :Pennsylvania__ 36, 378 674, 145 37,798 62, 109 1, 082, 466 Rhode Island_ 98,518 South Carolina _ _ _ 28, 038 South Dakota_ _ _ _ _ _ 41, 347 Tennessee 55,011 Texas V 266,180 10 tah 10,825 Vermont 31.232 Virginia 98, 487 102, 213 West Virginia_ 30,699 Wisconsin 454,281 Wyoming _ 6,921 District of Columbia__ 44, 363 -- American Samoa_ _______ 2, 307 1,242 Guam 8,695 Puerto Rico_ _ _ _ 110, 199 Virgin Islands_ _____-_ _ 5,501 Mr. MORSE. As I have indicated earlier, this title also provides for loans for the expanded purposes to our non- public schools. The distribution of the loan funds is incorporated in the table previously placed in the REcoae. This title also contains minor amend- ments which are perfecting changes to simplify the operation of the program. Mr. President, before leaving title III, I 'wish to pay tribute to a Vermont doctor, Dr. Frank J. Pealck, Director of the Cen- ter for Disorders of Communication at the Vermont Rehabilitation Center, who in. correspondence with Senator PROUTY directed our attention to the importance of remedial reading. An excerpt from his letter is printed in the committee port and it influenced greatly our think- ing in this area. =LB IV NATIONAL DEFENSE MA/CATION ACT AISENDIMMTS The fellowship program conducted under title IV of National Defense Education Act has proven most suc- cessful. In order that its benefits may be made available to more of our tal- ented young People, the committee has recommended that the level of fellow- ships awarded be raised to 5.1)00 in fis- cal year 1965, 7,500 in fiscal year 1966, and 10,000 in each of the two succeeding fiscal years. In order to make sure that the best available use is made of our re- sources the committee, following the pattern of the legislation which has re- ceived House committee approval, has recommended that only one-third of these additional fellowships be made, to the new Institutes of gr_aduate learning, thus insuring that presently unutilised capacity in our existing institutions, which has been estimated as capable of accommodating as many as 20,000 new students can be put to work. There are other minor amendments to this title which are set forth mere fully in the report. I would make men- tion Only that it was the committee view that for those individuals who returned to graduate study after a teaching expe- rience of 2 or more years, there should be given consideration for fellowship stipends of up to $4,800 Per year plus an allowance for each dependent, since In many cases such students have family responsibilities. TITLE V A15lINDNUINT:3 Briefly, under this title, the commit- tee has extended the testing, guidance and counseling provisions and the insil- tute programs to the entire elementary school population and to the public com- munity and junior colleges. The cost of this expansion will rise from the $11'.5 million figure of last year to $25 inillion for fiscal year 1965 and by steps to the $37.5 million estimated for fiscal yens* 1968. I ask unanimous consent that a table showing the State-by-State distribution of these amounts for title V-A be printed In the RECORD at this point in my re- marks There being no objection, the table was ordered to be printed in the RECORD, 40 follows: Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 1964 CONGRESSIONAL RECORD ---- SENATE Estimated distribution of legislative authorizations, title V, pt A, sec. 501--Guidance counseling and testing 17107 Fiscal year 1965 Fiscal year 1966 Fiscal year 1967 Fiscal year 1968 Fiscal year 1965 Fiscal year 1966 Fiscal year 1967 Fiscal year 1968 United States and Nevada $50, 000 $50, 000 $56, 911 $65, 679 Outlying parts $26, 000, 000 $25, 500, 000 $32, 500, 000 $37, 500, 000 New Hampshire 79, 578 81, 180 103, 537 119, 489 New Jersey 780, 499 796, 204 1, 015, 490 1, 171, 944 50 States and Die- New Mexico 354,940 158,058 201,590 232,648 trict Of Columbia__ 24, 600, 000 25, 092, 000 31, 980,000 36, 900, 000 New York_ 2, 062, 709 2, 104, 216 2, 683, 747 3, 097, 223 , North Carolina 676, 678 690, 295 . 880, 411 1, 016, 054 464, 847 g?.,.MM Oh/-1C1.01N,NO,MMMON.M.M C.0,0Me,MNP.,01MOD.VD,P0500....C.00 .-1q,vMWOO C*r-tMCO,,,.C.W=0,41.W00.000.0. NCIC4 M M. 1-INOMNODI-1 a 630,824 728,014 Alabama North Dakota 92, 226 96,082 119, 994 138, 481 Alaska_ 50, 000 50,000 50,644 Ohio 1,146, 505 1,373, 600 1,751, 909 2,021,820 Arizona 212, 911 277,014 119,693 Oklahoma 519,107 125,793 415, 621 479, 539 Arkansas 254, 545 331, 183 362,207 Oregon 243, 478 248,377 316, 784 365, 589 California 2, 178, 650 2, 834, 596 3, 271, 314 Pennsylvania 1,410, 299 1, 459, 081 1,860, 932 2, 147, 640 Colorado 257, 707 335, 297 366,955 Rhode Island_ 105, 929 108,050 137, 821 159, 055 Connecticut 328,326 427, 178 492,962 South Carolina 370, 284 383, 855 489, 575 585,002 Delaware 62,187 80,010 93,376 South Dakota 102, 767 104,814 133, 707 154,307 Florida 677,732 881, 783 1,017, 636 Tennessee 501,184 511, 270 652,090 752, 544 Georgia 583,388 759,046 875, 990 Texas 1, 411,854 1,440, 265 1, 836, 933 2, 119,044 Hawaii 96, 969 126, 165 145,663 Utah 148,080 161, 069 192,676 222,361 Idaho 103,294 134, 393 155,099 Vermont 52, 174 53, 224 67, 882 78,241 Illinois 1, 269, 035 1, 651, 114 1, 905, 496 Virginia 576, 020 687, 611 749, 447 864, 912 Indiana 630,828 820,757 947,209 Washington 403,688 411,811 525,230 600,150 Iowa 370, 486 482,032 546, 297 West Virginia 236,651 261, 817 333, 926 385,372 Kansas 291,962 379,866 438,391 Wisconsin 544,926 555, 891 708, 992 818, 224 Kentucky 430,038 659, 514 645, 716 Wyoming 50,000 50,000 61, 711 71, 219 Louisiana 496,968 646, 595 748,214 District of Columbia 81, 686 83,330 106, 280 122,654 Maine 120,644 168,677 194,664 400, 000 408, 900 520, 000 690, 000 Maryland 436,362 567, 742 655, 212 Outlying parts Massachusetts 636,098 827, 614 955, 122 20, 000 20,000 20, 000 20, 000 Michigan 1, 119, 365 1, 456, 382 1, 680, 762 American Samoa Minnesota 478, 523 622,596 718, 518 Canal Zone 20.000 20,000 20000 20,000 Mississippi 344,136 447, 748 516, 731 Guam 20,000 20, 000 20,000 20,000 Missouri 540,183 702, 821 811, 102 Puerto Rico 320,000 328, 000 440, 000 520, 000 Montana 99,007 128,908 148, 768 Virgin Islands 20,000 20,000 20, 000 20,000 Nebraska 189, 196 246, 159 284, 084 NOTE.-Distribution of all amounts estimated on the basis of school-age (5 to 17) population as of July and as of Apr. 1, 1960, for the other outlying parts. TITLE VI OF THE NATIONAL DEFENSE EDUCATION ACT AMENDMENTS Mr. MORSE. Title VI of the National Defense Education Act is, broadly speak- ing, the language areas and institutes section of the act. The committee has proposed that the present title VI-A ap- propriation ceiling of $8 million for the present fiscal year be raised to $13 mil- lion for fiscal year 1965, $14 million in fiscal year 1966, and $16 million in fiscal years 1967 and 1968, to provide addi- tional badly needed support to strengthen study of modern foreign languages and area subjects. In title VI-S,' the institutes program has been expanded to reflect the changes previously discussed in connection with title III of the National Defense Educa- tion Act. In addition, however, the committee felt that it would be wise to provide in- stitutes for librarians and educational media specialists so that the training given in these fields would help all teach- ers in carrying out their functions in our elementary and secondary schools. I wish to draw particular attention to the committee's intention that "institutes in all the subject matters covered in this title should also be made available to special education teachers such as those engaged in or preparing to engage in the teaching of gifted children or handi- capped children." OTHER TITLES OF NATIONAL DEFENSE EDUCATION ACT AMENDMENTS Titles VII and VIII reflect no changes other than the 3-year extension which pertains to all titles of the act. Title IX is permanent now. The committee made certain changes in the language which were recom- mended by the Office of Education to Improve the statistical services program now authorized under title X. No. 148-4 1, 1962, for the 50 States, District of Columbia, and Puerto Rico, I ask unanimous consent that at this point in my remarks a table which ap- pears in the report showing the estimated distribution of the $3 million proposed under title X be printed in the RECORD at this point. There being no objection, the table was ordered to be printed in the RECORD, as follows: Estimated distribution of $3,000,000 proposed under title X-State Statistical Services United States and outlying areas 1 $3, 000,000 50 States and District of Colum- bia 2, 844, 478 Alabama 55, 810 Alaska 50, 404 Arizona 52, 551 Arkansas 53, 050 California 76, 10'7 Colorado 83,088 Connecticut 53, 934 Delaware 50,745 Florida 58, 121 Georgia 56, 998 Hawaii 51, 162 Idaho 51, 238 Illinois 65,207 Indiana 57, 559 Iowa 54,439 Kansas 53, 499 Kentucky 65, 153 Louisiana 55, 955 Maine 51, 554 Maryland 55,229 Massachusetts 57, 622 Michigan 63, 413 Minnesota 55, 734 Mississippi 54, 124 Missouri 56,473 Montana 51,187 Nebraska 52, 267 Nevada 50, 524 New Hampshire 50, 954 New Jersey 59, 353 New Mexico 51, 857 New York -7- 74, 717 North Carolina 58, 109 North Dakota 51, 105 Estimated distribution of $3,000,000 proposed under title X-State Statistical Services- Continued Ohio $66, 135 Oklahoma 53, 827 Oregon 52,918 Pennsylvania 67, 139 Rhode Island 51,269 South Carolina 54, 509 South Dakota 51,231 Tennessee 56, 006 Texas 66, 918 Utah 51,775 Vermont 50, 625 Virginia 56, 902 Washington 54,837 West Virginia --d. 53,075 Wisconsin 56, 530 Wyoming 50, 568 District of Columbia__ 50, 979 American Samoa 25, 049 Canal Zone-- 25, 076 Guam 25,119 Puerto Rico 55, 216 Virgin Islands 25, 062 'Distributed on the basis of a basic allot- ment of $50,000 to each State, District of Columbia, and Puerto Rico, and $25,000 to American Samoa, Canal Zone, Guam, and the Virgin Islands, plus a distribution on the basis of the school-age (5 to 17) population. TITLE It OF 9.3060 Mr. MORSE. Mr. President, it is my belief that most Senators have an excel- lent understanding of and appreciation for the provisions of the impacted areas legislation, Public Laws 815 and 874. These acts of 1950 have been before us many times in the interim. The report carries a full discussion of them. I would point out only that many of us are aware that there have been alle- gations of abuses in the acts. In order to assure ourselves that such abuses will be identified and so that, if they are based upon the language of the act, they can be eradicated at an early date in the next session by appropriate legislation, the Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 1710S CONGRESSIONAL RECORD - SENATE August 1 commii tee has reqUired 'the Con:tints- sioner to undertake a study; it has au-? thorizel funds for a study and It has laid upon ti Le Commissioner of Education the duty tc report to the Congress by June 30, 1961, the findings and recommenda- tions which will strengthen and improve the acts. Other than this change and other than the reaffirming of the traditional desire of the 3enate to include within the pur- view of these acts the District of Colum- bia, tie committee has recommended only that eaeh statute be extended for a 2-year period. Mr. !)resident, I ask unanimous con- sent a at at this point in my remarks., there te printed a summary of entitle- ments and number of eligible applicants by Stats and congressional district under both Public Law 874 and Public Law 815, as amended, for fiscal year 1963, and that this be followe d by the table in the report which ,;ummarizes the new obligational authority and anticipated expenditures under the bill. Then* being no objection, the tables were or iered to be printed in the RECORD, as follows: Summa* y of entitlements and number of eligible applicants, by State and congres- sional district, under Public Law 874, as amen( fiscal year 1963 State Congres- sional district Number eligible appli- cants Amount Alabama_ 52 $5, 642, 144 Alaska 25 8, 347, 071 Arizona _ 3 110 6, 407. 713 A rkansas_ 4 87 1, 633, 370 California. 32 531 44, 440, 666 Colorado------ 4 57 7, 302, 307 Cotmectic*tt 6 61 2, 557, 823 Delaware_ I 9 274, 423 Florida __ 10 17 7, 062, 796 Georgia 10 71 6, 186, 693 ____ 2 1 5, 218, 011 _ _ _ 2 47 1, 843, 861 Illinois_ 14 122 4, 896, 916 Indiana_ 9 94 1, 368, F26 Iowa 6 29 991,816 5 168 6, 265, 025 Kentucky 0 62 1, 437, 653 Louisiana 4 9 1, 273, 961 Maine 2 73 2, 241, 440 Maryland 5 14 10, 811, 517 Nlasselchte 11 174 7, 470, 396 Michigan_ 8 61 1, 945. 392 Minnesota. 7 28 607,111 Mississipp 5 21 1, 429, 470 Missouri _. 7 112 3,061,187 Montana_ 2 82 2, 380, 029 Nebraska_ 3 40 2, 958, 62'1 Nevada _ 1 12 I, 595, 117 New Ham 'shire 2 40 1, 415, 718 New Terse; 8 170 6. 714. 260 New IVIexi 2 43 5, 767, 581 New York 17 191 5, 849 355 North Car dins 5 27 2, 984, 034 North Pat ota 2 56 1, 408, 835 Ohio 18 137 6. 370, 954 Oklahoma 6 356 7, 916, 904 Oregon. 4 72 1, 167, 127 Penn sylva its 16 147 5, 804, 568 Rhode Island 2 22 2, 122, 158 South Can lina 5 35 4, 040, 225 South 1 /ak 3ta 2 72 2,658, 766 Tennessee. 6 50 2, 870, 394 Texas..... 19 237 14, 442, 599 Utah 2 15 2, 799, 046 Vermont 1 11 60,725 Virginia 10 45 16,418, 306 Washingto 7 201 8, 897, 424 West Virglala._ 2 6 165,093 Wisconsin 7 26 747, 785 Wyoming_ 1 21 871,416 Guam__ 1 854,904 Virgin isia; tds 1 104,900 Tota 323 4,116 260, 090, 913 Entitlements and number of eligible appli- Entitlements and number of eligible appli- cants, by cangresitional district, Public Law cants, by congreSSiOnal district, Public Law 874, as amended, fiscal year 1963 874, as amended, fiscal. year 1963-Con. STATE OF ALABAMA Congressional district Num her of eligible applicants Entitlement Al. large (8) 52 $5, 642, 144 STATE OF ALABICA At large (1). 25 $3, 347, 671 STATE OW ARIZONA 21 $820, 499 :1 45 2, 620,052 3 49 1, 967, 162 Total (3) 115 5, 407, 713 STATE or AREANSAS 1 2 $215,921 1' 29 921,907 11 24 226,289 12 269,193 Total (4) 67 1, 633, 370 STATE Or CALIFORNIA 1 43 $1, 789, 150 60 700,568 14 3, 502, 868 34 3, 056, 242 ! 1, 078,515 1 1, 169, 948 E 7 1, 284, 397 I 21 1, 196, 204 10 18 942, 581 11 13 596, 116 12 27 2, 206, 470 13 38 3, 684, 736 14 19 1, 116, 895 15 10 445,198 18. 12 656,066 17 5 324,825 18 17 1,899, 040 19 6 222,883 9 i 17,622 13 5 351,473 14 204,650 15 112, 584 17 1:1l 1, 044, 498 18_ 7 260,641 31 4 69,486 32_ 1 1, 314, 730 53 40 3, 197, 961 at., 17 1, 162, 758 15. 49 2, 981, 300 36, 37 8 4, 675, 863 1, 850, 581 33 23 1, 193, 128 Total (32) 531 44. 4* 666 STATE OF CPMADRA DO 1_ $1, 390, 058 2 2, 076, 911 3 23 3, 422, 504 il 16 412,834 Total (4) 57 7, 302, 307 STATE OF CONNECTICUT J.t large (l) 1 2 3 4 5 Total (6) 9 35 2 8 2 $233,219 1, 940, 690 138,537 217,530 27,847 51 2,867,823 STAIR Or BEZAWARE At large (1) $274,420 STATE OP WLORIDA Congressional district Number of 'eligible applicants Entitlement 1 2 4 5 7 8 9 10 11 12 s 1 1 2 1 2 I 1 2 1 $2, 025, 310 1, 261,941 451,007 257.949 18,408 172,498 709 301,457 2, 350, 823 219, 690 Total (10) 17 7, On, 796 STATE OP GEORGIA 1 2 3 7 6 17 $505, 801 615,963 1, 911, 767 4 3 151,590 5 3 328.337 6 12 731,444 7 8 890,157 8 5 242,391 9 .5 76,569 10 5 724,684 3'otal (10) 11 6, 186, 693 STATE OP HAWAII At large (2) 1 I $5, 218, 011 STATIC OF IDAHO 1 2 Total (2) 23 24 $374,840 1, 460, 021 47 1, 843, 861 STATE 07 ILLTNOIS 4 3 $42,701 6. 1 46, 832 12 . 25 1, 681, 800 13 2 155, 137 14 13 273,350 1 6 31, 727 16 9 79, 186 11 133, 571 I. 1 6,237 6 308,013 21 13 117, 621 22 8 99, 170 23 2 32,871 24 22 1, 009, 996 Total (14) 122 4.898 916 STATIC Ow INDIANA 2 1 $18, 186 3.. ............... 1 6,622 12 437, 205 6_ 8 74, 968 7 27 276, 833 8_ 9 13 26 139,579 160,396 10 3 13, 256 11 3 540,771 Total (9) 144 1, 363, 826 STA TE OF IOWA 1 14 $561, 946 2_ 1 4 7 1438', 754214 5 111,873 6_ 1 117,275 7 2 43,760 Total (6) 29 991,815 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 1964 CONGRESSIONAL RECORD - SENATE 17109 Entitlements and number of eligible applf- cants, by congressional district, Public Law 874, as amended, fiscal year 1963-Con. STATE OF KANSAS Entitlements and number of eligible cants, by congressional district, 874, as amended, fiscal year 1963 STATE OF saissIsszpri appli- Public Law -Con, Entitlements and number of eligible appli- cants, by congressional district, Public Law 874, as amended, fiscal year 1963-Con. STATE OF NORTH CAROLINA Congressional district Number of eligible applicants Entitlement Congressional district Number of eligible applicants Entitlement Congressional district Number of eligible applicants Entitlement 1 2 4 5 Total (5) 25 40 22 43 as $646, 856 2, 646, 611 457,826 2, 168,522 340, 210 1 2 3 4 5 Total (5) 4 1 1 2 13 $229,213 53,952 70.509 88.701 977,095 1 3 7 8 11 Total (5) a 11 7 1 2 $147,804 1, 704, 395 1,061, 570 13,308 56,957 168 6,266, 025 21 1, 429, 470 27 2,984, 034 STATE OF K.ENTUCKY STATE OF MISSOURI STATE OF NORTH DAKOTA 1 2 3 4 5 Total (OL__-.. 17 8 a 7 145,585 278,261 $309,53113 303,839 87,268 333, 169 1 2 4 6 7 8 9 Total (7) 42 8 20 27 7 $50, 707 315, 904 1, 572, 183 62, 321 119, 845 840, 455 110, 172 1 2 Total (2) 16 40 $588, 276 870, 559 56 1, 408, 835 STATE OP OHIO 52 1, 437, 653 112 3, 061, 587 STATE OF LOUISIANA At large (1) 1 2 3 4 5 6 7 8 10 11 12 13 14.. 15 17 19 23 Total (18) 1 6 13 a 7 22 28 2 18 8 13 a 1 1 11 2 5 $2, 476 110,306 1,693,067 27,720 138,656 343,668 1, 220, 722 18,517 186,034 67,872 2, 172, 215 23,206 13,812 6,191 194, 601 13,000 183,885 STATE OF MONTANA 4 6 7 8 Total (4) 2 1 3 3 $595,953 26,852 202,064 448, 992 1 2 Total (2) 32 50 $298, 696 2, 081, 833 82 2, 380, 529 9 1,273,861 STATE OF NEBRASKA STATE OF MAINE 1 2 3 Total (3) 13 8 19 $924,009 1, 704, 002 330,610 1 2 Total (2) 38 35 $904,915 1,336, 525 73 2, 241, 440 40 2, 968, 621 STATE OF MARYLAND STATE OF NEVADA. 137 6, 370, 954 At large (1) 1 2 5 Total (5) 2 2 6 4 $266,109 1, 286, 093 5,423,188 3,836,127 At large (1) 12 $1,696,117 STATE or OKLAHOMA STATE OF NEW HAMPSHIRE 1 2 3 4 5 6 Total (6) 23 96 46 74 37 so $734,779 713,062 274, 141 548, 718 3, 177, 794 2, 468, 500 1 2 Total (2) 32 $1,300, 065 116,653 14 10, 811, 517 STATE OF MASSACHUSETTS 40 1, 415, 718 366 7,916,994 1 2 8 4 S 6 7 8 10 11 12 Total (11) 21 9 25 11 19 24 10 3 6 11 35 $698, 563 I, 390, 534 912,900 303,896 966, 194 352,763 679, 652 207,318 105,639 018,403 1, 334, 534 STATE OF NEW JERSEY STATE OF OREGON 1 2 3 4 5 7 13 15 Total (8) 39 18 47 32 20 10 1 a $576,384 820,026 2, 682, 772 2, 842, 680 516, 126 124,677 102,515 139,081 1 2 3 4_ Total (4) 16 31 2 23 $222, 099 535, 643 33,088 376, 097 72 1,167,127 174 7, 470, 896 7 170 6,714,260 STATE OF PENNSYLVANIA STATE OF MICHIGAN STATE OP NEW MEXICO 1, 2, 3, 4, and 5 8 9 10 12. 13 15 16 17 18 19 23 24 27 Total (15) 1 3 15 22 3 22 4 7 35 1 1 29 1 1 2 $2, 431, 077 27, 741 517,885 520, 194 24,465 446,734 174,305 49,526 818, 998 12, 796 29,975 721,714 303 I, 464 27,891 At large (1) 2 8 7 9 10 11 12 16 Total (9) 1 5 15 8 3 16 12 2 $10, 182 192,769 404,471 67,280 353,696 426,904 466,733 34,360 At large (2) 431 $5, 767,661 STATE OF NEW YORK 1 2 3 4 5 26 27 28 29 so 31 32 33 34 35 Bs 40 44 17 3 4 a 2 12 6 29 27 6 20 8 10 5 $1, 159, 370 514,579 108,197 405,109 31,696 14, 740 539,902 115, 009 777,201 987,433 119, 521 1, 263, 113 198,490 166, 057 242,774 61,115 158,089 61 1, 945, 392 STATE OF MINNESOTA 1 2 3 4 6 7 8 Total (7) 1 1 4 1 2 12 7 $3,666 7,977 129,302 32,353 24,488 264, 196 165,041 147 , 5, 804, 668 STATE OF RHODE ISLAND 1 2 13 9 $1, 503, 468 618,700 28 607, 011 Total (17) 191 6, 849, 365 Total (2) 22 2, 122, 158 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17110 CONGRESSIONAL RECORD - SENATE August 4 Entitlements and number of eligible ay/Xi- Entitlements and numbe, of eligible appli- Federal funds obtigated for construction of cants, by congressional district, Public Law cants, by congressional district, Public Law school facilities under Public Law 815 by 874, as amended, fiscal year 1963--Con. 874, as amended, fiscal year 1963--Con. congressional dist^ict, by State, fiscal year 1963-Continued CAT E OF SOUTH CAROLINA STATE OF wasmencron Congressional district Total Number ofamlurindst of t,o pro)ecta Federal reseriv334e814d,,, congress! ,nal district Number of applicants Entitlement. Congressional district !lumber of eligibla 111/Plicant s Entitlement 2 3 4 Total (3) 15 15 3 1 1 35 $2,117, 255 1, .528,638 58,210 174, 621 1(1,& ---- 1__.. 2_- 3 Total (7) 5 76 50 36 12 $874809: 40922 1,077,307 1,1113: Ig, 3,298,888 575 495 c ALITOssuA sd 94tthh 12th______ __________ ____ _____ 131,11 1165tthh . --------------------2 21 S7tthh 3:Id 335Jittilli Total (13) COLORADO 3d 4th Total (3) 1 x)NNECTICIIT (ticl. large (1) Total (2) FLORIDA .:d nth Total (2) GEORGIA :IdIO9,29 TGARG I st . . _ 2d Total (2) ILLINOis 24th INDIANA 503 IOWA R A NsAs 1st 2d 5th Total (3) KENTUCKY 91,1i LODINA NA 6th MAINZ 1st KARMA ND At largo (1) 2,1 5th Oth Total (4) trA8saMinsirr7s 5th 12th Total (2) 1 1 n1 o 1 4 1$29, (9346,4,1" 7571! 2, 094: :7); 276, 977 59, 055 273, 125 :05 152,875 425, 166 4,040, 225 201 a 807, 424 maw OF SOUTH DAKOTA STATE OF WESI VIRGINIA Total 2) 17 55 72 $255, ?105 2, 402, 683 3 'Total (2)_ , - 5 $144, 981 ,1O5 2, 658, 788 37 I , 840,104 6 165, 086 STATE OF TENNESSEE 9.39, 1, 381,1111 129, 276 2 3 4 7 8 9 Total (8) 6 12 6 10 5 7 3 1 60 $208, I5 1, on, 757 78, 558 MO, 4.51 310, 133 69, 685 LOu,665 390, 813 STATE OF WISCON s 1:N 1 2 2 c. _ 10 Total (7) 1 7 4 1 4 1 $4, 281 338,432 158, $83 20. 345 112,, 156 136, 174 7I 2, 450, 895 358,760OM 2, 870, 361 2 358, 760 26 747, 785 STATE or TEXAS 1 1 140,980 344,125 j 485, 105 STATE OF IS TOSSING At large (1) 2 5 6_ 11 12 13 14 15_ IC 17 _ 2(1. ots 1 (19) 30 2 15 11 6 au 17 15 18 12 11 17 8 15 13 $139(), 809 23, 1.116 240, 5:11 11,564 61. 8?4) 156, 414 1, 718, 532 I, 727, 732 349,118 794, MO 230, 918 2,086, 532 801, 479 593, 410 353, 217 4, 247, 801 452, 822 2 At targe (1) 21 I 8871, 418 VTIGIN ISLANDS 1 4 5 37,500 1345, 008 582, 506 2104 , 903 Gua.: 3 8090 067 3121 745 $354,994 1 recierca funds Obligated for construction of school facilities undar Public Law 815 by congressional di.strict, by State, fiscal year 1963 1 24, 665, 46, 980 144,882 21,520 arr 14, 442, ( 99 1 2 2 STATE OF UTAH Congressional district Nuoil er .9f prideots Total amount of Federal funds reserved Tot: a (2) 11 4 15 $1, 272, :198 1, 526, 1"58 & 211, 382 _ ,?. 1 1 1 _ 1 31.. 000 31.,39O 25.000 2, 793, 04(, ALABAN At large (8) ALASKA At large (1) ARHON A 1st 2d yd Total (3)_, . AlarArtsAS 1st 2d 24. Total (3) 6 4 $758,131 1,419,988 STATE OF VERMONT At large (1) 11 $00, 720 1 2 476, 310 3, 588.169 3,125, 830 STATE OF VIRGINIA 2 4 10 229.345 695, 826 2, 801, 811 3 4 6 7 S.--.- 9--. 10_ To.al (10) 11 3 1 7 1 4 1 9 3 6 $31O5,460 4,230, 003 49, 837 814 195 27, 845 233, 910 13,9E9 817,7(6 128,44 7, 196 &a 4 7, 187, 309 16 3, 725.982 1 2 315, 850 2,6O 1 1 3 94,990 276, 66 188, 299 a 583,455 45 16, 418, 300 5 539, HS Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 1964 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 CONGRESSIONAL RECORD - SENATE 17111 Federal funds obligated for construction of school facilities under Public Law 815 by congressional district, by State fiscal year 1963-Continued Congressional district Number of projects MICHIGAN At large (1) 10th 11th 2 12th 1 'Total (4) 4 MINNESOTA 8th 2 MISSISSIPPI 1st 8th Total (2) tresSOmu 4th 2 7th 1 8th 1 Total (3) 4 MONTANA 1st 2d_ 8 Total (2) 4 NEBRASKA 24 2 ad 2 Total (2) 4 NEVADA At large (1) NEW IERBEY 84 2 4th 7th_ Total (3) 9 NEW MEXICO At large (2) 4 NEW YORK 27th 30th 1 824 Total (3) 3 NORTH CAROLINA 34 7th 2 Total (2) 3 NORTH DAKOTA 1st 2 24 Total (2)_, 5 OHIO At law (1) ad 1 7th_ 3 12th 17th 2 Total (5) OKLAHOMA 24 2 4th. $ 5th 5 6th Total (4) oas0ON 16 26 PENNSYLVANIA 12th. zaorik iewrb 1st 1 Total amount of Federal funds reserved $317, 817 445, 123 21, 875 Federal funds obligated for construction of school facilities under Public Law 815 by congressional district, by state, fiscal year 1983-Continued ' Congressional district Number of projects Total amount of Federal funds reserved SOIPTH CAROLINA 1st 24 Total (2) SOUTH DAKOTA 785, 015 1st 2d_ 156,660 Total (2) TENNESSEE 30,080 4th 46, 000 6th 76, 080 80, 664 12,495 30,590 123,749 10, 184 794,651 804.835 Total (2) TEXAS At large (1) 1st 10th 11th 14th 16th 20th Total (7) 'MAR 62,802 let 81,500 241 144,302 Total (2) VIRGINIA 94,144 lst 4th 8th 265, 262 10th 552, 322 24,940 Total (4) 842, 514 WASHINGTON 26 .3d 581,386 4th 5th 6th 164, 100 7th 416,200 382,048 Total (6) 962, 345 WEST VIRGINIA 86 200,680 624,917 WISCONSIN 924,567 6th 196,732 949,189 505,861 411, 179 455, 190 757,481 74,870 1, 698, 220 29,430 77,716 587, 505 649,485 2?192=1=11.- 1, 344, 136 35,592 44,010 144,894 WYOMING At large (1) VIRGIN ISLANDS Grand total (120)____ 784, 522 34,080 830,494 964,516 302, 815 15,770 318, 585 95,375 107,217 178,215 228,355 452, 040 666,000 1,697,202 1, 364, 451 727,849 2, 092, 300 761,860 31,144 19,000 154,620 968, 624 51,870 270, 959 84,102 282,802 143,787 96, 151 899,671 75,000 1,478 69,855 251,425 44,583,912 Mr. MORSE. Mr. President, the other day, in connection with another matter, I was under the necessity of expressing my deep personal convictions to the Commissioner of Education upon the im- portance of elementary and secondary education in this Nation. I am sure the Commissioner appreciated my position on this matter, which related to what I believe to be a most needed change in our national legislative educational pol- icy. But I would not want this day to go past without expressing to him the thanks of the committee for the tre- mendous help he has been to us on this bill. Dr. Wilbur Cohen, Assistant Secretary of HEW, has aided us in every way and we are grateful for his help and for the strong support which we received from Secretary Celebreeze; but my particular thanks today go to Commissioner Keppel and his efficient legislative aids, Dr. Peter Muirhead and Dr. Samuel Halperin, both of whom have labored long in the vineyard with our staff that this bill could be brought to the Senate today. Having made that statement, I want to say that Mr. Jack Forsythe and Mr. Charles Lee, and their assistants rep- resenting the majority, and Mr. Michael Bernstein, representing the minority, were of inestimable help to the members of the committee. I want to thank them for their dedicated and loyal public service. I am grateful to them and I am grate- ful for the patient understanding and major help to the committee that was given by the administrative assistant of Senator PROUTY, Mr. Tom Hayes, and the executive assistant of Senator JAVITS, Mr. Allen Lesser. On behalf of the ma- jority, I wish to express to each of these gentlemen my deepest appreciation, and to the members of the minority staff who sat with us in our hearings and who advised their principals in a highly pro- fessional manner, Mr. Michael Bern- stein-whom I have already men- tioned-and Mr. John Stringer, likewise goes my appreciation for their unfailing courtesy and, where appropriate, help- fulness. Mr. President, S. 3060 received the favorable vote of all members of the committee except the Senator from Texas [Mr. TOWER] and the Senator from Arizona [Mr. GOLDWATER] . They have filed individual views, which was printed with the committee report. In their views they enthusiastically recom- mend extension of Public Laws 814 and 8'74. They are opposed to all the other parts of the bill, but raised no objec- tions to expediting getting the bill to the floor of the Senate. In fact, 'they helped by providing us promptly with their in- dividual views. I feel that we should now proceed to further consideration of the bill to per- mit the Senate to work its will upon it. Mr. President, I have concluded my presentation and I suggest that the bill be open for amendment. Mr. CARLSON. Mr. President, will the Senator yield? Mr. MORSE. I am glad to yield to the Senator from Kansas. Mr. CARLSON. First, I commend the distinguished Senator from Oregon for bringing the national defense education bill before the Senate today. I think he and the committee are entitled to much credit for presenting to the Senate a bill which I believe will be very important, not only in continuing the education of our youth, but in extending a program from which our States will benefit. I refer to both title I and title II of the bill. However, I wish to ask the distin- guished Senator from Oregon one ques- Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17112 CONGRESSIONAL RECORD ? SENATE August 1 tion. Li our State we have had some Interest and concern about securing funds for student nurse training. As I heard the Senator discuss the bill this morning, I did not hear that item men- tioned. Is that item included in this bill or net? Mr. MORSE. It is not in this bill. It Is in a bill which deals with nurses train- ing, which I understand will shortly be before the Senate. I am sure that early committee action will be taken. I hope that wil be next week. The nurse loan provisions, however, are not in this bill. Mr. CARLSON. It is not a part of the bill which the Senate is considering to- day? Mr. MORSE. No; it is not part of the bill the ;Senate is considering today, but I give the Senator my assurance that he has no more enthusiastic supporter of that measure than the chairman of the Edueaticn Subcommittee. I have no doubt that the bill will be before the Senate i or favorable action within the next week or very shortly thereafter. Mr. CARLSON. I am glad to get that assurance on the nurse training program. That bill should come before the Senate and be la ted upon in this session. Mr. MORSE. I quite agree. It will receive action. Mr. JORDAN of Idaho. Mr. Presi- dent, will the Senator yield? Mr. MORSE. I am glad to yield to the distinguished Senator from Idaho, who, as I said, has been of great help to the committee. Mr. JORDAN of Idaho. I thank the Senator I or his comment and for his able presentation of the proposed legislation. The Senator from New York [Mr. Jeerers], also a member of the committee, will later make a statement commending the Senator for his able presentation and expressirg his own personal views. Mr. MORSE. I thank the Senator from Idaeo, and through him, thank the Senator :'rom New York. I shall thank him personally. Mr. DOUGLAS. Mr. President, may / ask me good friend from Oregon if there is any provision in the bill to assist the cities in providing education for the vast nurr bers of fellow Americans, both black anI white, who have been pouring into the cities during the past few years, who are educationally and culturally de- prived and who constitute, in my judg- ment, a -Imre severe task for the cities than did the creation of Government in- stallatior s upon the areas of the country where they were installed 15 years ago. Mr. MORSE. There is no special sec- tion in the bill covering those particular students. It is partly encompassed, how- ever, in tee opinion of some of us, in the adult education provisions of the anti- poverty bill. We think these and other education provisions of the antipoverty bill will be of help to this group of citi- zens. Further, as the Senator knows; I have introduced a separate bill expanding the scope of Public Law 874 which would provide ederal assistance to our schools in the so called slums or depressed areas of the chins of the country and to our rural slum areas also, which are im- p acted with two classes of students whose parents are in limited income brackets. We would provide payments to school districts based on one, the number of children whose parents are unemployed, and two, the number of children on whose behalf an aid to dependent chil- dren public welfare vent is made. We have completed hearings on my hill. We hope to have committee action on it within the next 2 weeks. If enacted, and companion legislation is being con- eidered by the House committee, we would expand the to-called impacted areas concept so that special assistance can be made available to school districts in those areas which are ot special con- learn to the distinguinhed Senator. Mr. DOUGLAS. This is highly desir- able. As I remember it, the Senator from Minnesota [Mr. HtreePHIII:Y] was the original author of the impacted areas bill in 1950 or 1951. It was designed to help localities into which Government installations had brought a large number a! children before the tax base of the locality could rise to provide added tax Income. It was said that since the GOV- ernment was responsible for the com- ing of the children, et should assist in the cost of their education. That was desirable. Of course, now, with the passage of time, at these defense installations, the nember of private homes has increased and the taxable capacity of the localities has also risen. Therefore they are in a rnuch better position than they were when the act was originally passed. A new pressure has however fallen upon our cities, particularly as a result of the mobility of the population. We should be aware?though perhaps this is not fully appreciated throughout the country?that our cities are undergoing great population shifts and great pop- ulation problems. Into the cities there has poured and is still pouring very large numbers of people from the South, who are displaced because of the mechaniza- tion of cotton picking and other causes which have forced both blacks and whites off the soil and into the cities. A great many of them come into Chicago on tt,e Illinois Central Railroad. There are hundreds of thousands of them. They also come into New York. Large num- bers are coming into Philadelphia and Into Detroit and into virtually every major city in the country. This has created grave 'problems for our cities, and e we have seen the results of some of these problems in the riots in Harlem and in Rochester. I do not say this is the sole cause, but the cities of the North and West have been given a major job in trying to digest these large numbers, who have been educa- tionally and culturally deprived. This is a very severe problem for the cities. It is much more severe today than was the coming of the defense plants or defense installateons in 1950 or 1951. At the same time that this is happen- ing in the cities, they are in a poorer posi- tion to meet the problem. As the migrants from the South, both black and white, move into our major cities, the upper and middle income fami- lies tend to move out to the suburbs. Therefore the cities are losing a large part of their taxable capacity, at the same time that they are called upon to meet the increased problems which are thrown upon them. This is a situation which must be dealt with. I recognize that at this late hour, it is impossible to amend the bill from the floor, but it is a problem which the country should face, and should do so at the earliest opportunity, or we shall have many more Harlerns arid many more Roehesters. In the past the cities have been the great Americanizing influences, which have enabled us to permit millions of immigrants from abroad to rise socially, educationally, and politically. They are now called upon to perform an even more difficult task of absorbing an internal migration with :reduced resources. I hope very much that Congress can deal with this problem at the earliest opportunity. I know that there exists a strong preju- dice against the big cities in both the country and in the Senate. But whether or not we move forward as a nation will depend largely upon how We deal with these difficulties in our cities. President Conant in one of his books seated there were roughly a million young people between the ages of 16 and 21 in our cities who were not at school and not at work. He labeled these as the concealed social dynamite within our social structure. The figure of a million may be slightly overstated. At least there are three-quarters of a million. We can deal with this problem par- tially in the antipoverty bill; which ve passed and which I hope the House Will pass. But we should also rethink our Procedure with regard to Federal aid to education. Instead of an overall distribution Of Federal aid to the States, which will go to localities which cici not particularly need the aid, I am inclined to believe that we should deal .with the problem in, a rifleshot fashion, concentrating our Federal aid on the areas of need. This will include the cities. It will also include the areas in the country districts which have very low taxable capacity and where local real estate is unable to provide an adequate education for the children. Though there is great criticism of the South, on the whole the South has spent a larger fraction of its income on educa- tion than many States in the North, and, in general, more than the countrywide average. The South cannot be taxed with unwillingness to pay for the cost of education. However, its taxable re- sources are comparatively limited. Unless we try to deal with this great sea of the uneducated, we shall have in- creased trouble. I know that the senior Senator from Oregon is very much concerned about this issue. Many of us have been con- cerned about it for a long time. The pending bill came to the floor very sud- denly, at least suddenly so far as the Senator from Illinois IS ecincerned. He did not have an amendment ready to deal with it. It would require careful draft- Approved For Release 2002/01/23 : CIA-RDP75B00380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP751300380R000800130032-9 1964 CONGRESSIONAL RECORD SENATE Ing, and, therefore, I shall not offer such an amendment to the pending bill. I congratulate the Senator and his as- sociates for their good work, so far as it goes. I hope that what I have presented as a future task will be one to which we shall speedily address ourselves, and not postpone it to the indefinite future. Mr. MORSE. Mr. President, if the Senator had given last week the speech that he has given on the floor of the Senate today, he would have been com- pletely justified in charging the Senator from Oregon with plagiarism. I am proud to say this, because of my great esteem for the Senator's leadership in education. Many of the points that the Senator from Illinois has just made on the floor of the Senate 1 made in com- mittee a couple of days ago when Com- missioner Keppel testified before us in presenting the administration's point of view, in this instance I think a most un- fortunate point of view, with respect to the Morse-Dent bill. The Morse bill, S. 2528, which I have already, by thumbnail sketch, outlined to the Senator, deals with this special metropolitan city problem in the slum areas, where the students to whom the Senator from Illinois has alluded are lo- cated, The administration took the position that consideration of this pro- posal ought to be postponed until a later date. But we do not intend to postpone It, We are going to get action on it in committee, And we are going to give the Senate an opportunity to stand up and act on it. I predict we will get it to the calendar and provide the Senate with an opportunity to consider it before Con- gress adjourns. The House has already completed hearings on the bill. It is known as the Dent bill on the House side, and the Morse bill on the Senate side. As I said to the Commissioner of Edu- cation, "The Department is usually ahead of Congress; but this time we are far ahead of the administration on this problem." The rifleshot analogy or figure of speech that the Senator from Illinois used is most apropos. We must take a kink at the particularly bad spots in the educational aid program. That is why we are requiring, as we have a right to do, that the issue first be resolved in the Department of Health, nlueation, and Welfare, and that they give us a report on the administration of the impacted-areas legislation by June, 1965, because that is a rifleshot Ap- proach. We must examine the problem to find these areas that are now getting Federal aid but which can no longer be justified in receiving it. There are many other areas where such aid can be better justified than in the environs of some of our military or other Federal installa- tions. Beceeise I know the Senator from Illi- nois joins me in the high regard we have for the Senator from Pennsylvania [Mr. Ctinuc], I think I ought to tell him of a whispered conversation we had while the Senator from Illinois was speaking. The Senator from Pennsylvania said, "I think you ought to tell PAUL that we wanted to make that approach in this bill, but we did not have the votes." We thought it was important to bring forth this bill and then push for S. 2528, the Morse bill and for the Dent bill, which deals specifically with the prob- lem the Senator has in mind. Mr. DOUGLAS. I thank the Senator from Oregon. His attitude is exactly as he has always shown it to the Senate. I hope our colleagues may take account of this problem, and that we may be able to get action, because it is badly needed. It may be the most conservative step to lessen the social disturbances which otherwise may grievously weaken the whole fabric of our society. Mr. CLARK. Mr. President, I should like to add my voice to the voices of the Senator from Illinois and the Senator from Oregon in support of Federal aid to education in slum areas and under- privileged areas of our great cities. Sen- ators will recall that such an approach was strongly recommended by the former president of Harvard, James B. Conant, in the splendid report he made on the whole problem of education several years ago. Such an approach was recom- mended in President Kennedy's first general aid to education bill in 1961, when the able junior Senator from Connecti- cut [Mr. RIDICOFF] was Secretary of the Department of Health, Education, and Welfare. At that point, we found that because of the attitude of Senators who came from States where there were no such problems, it would be difficult to obtain funds. I commend the Senator from Oregon for his persistence in moving ahead in this regard. I know that the majority leader is im- patiently waiting for me to take my seat so that the bill may be passed. I shall continue for only 60 seconds longer to say that the way we have to schedule legislation in the Senate now is one of the sad lessons of the civil rights fili- buster. Here we are rushing through important legislation with very little time for its consideration. We try to water it down to get a consensus. We move swiftly, lest we fail to perform our clear obligation. I deplore the situation. Until the rules of procedure and the ways of doing the business of the Senate can be drastically changed, we shall be legis- lating as inefficiently on vitally im- portant matters as we did on the De- fense appropriation bill, the coffee bill, on the NDEA bill, and as we are about to do on the Hill-Burton bill. We did it also on two other measures yesterday that came before us so fast that I cannot remember at the moment what they were. One of them was the housing bill?the first housing bill in history to pass on a voice vote. I tell my friend, the majority leader, that I am about to take my seat; but before doing so, I must commend the Senator from Oregon for his wise leader- ship, his patient attention to duty, and the first-class bill which, under great difficulty, he has brought to the floor of the Senate. I hope that within the next 30 seconds the bill will be passed. 17113 Mr. MANSFIELD, Mr. President, I join wholeheartedly in what the distin- guished Senator from Pennsylvania has said about the Senator from Oregon, who Is in charge of the bill. He always shows managerial skill, broad knowledge, and high ability. At the request of the distinguished junior Senator from Texas [Mr. Toweel, who is necessarily absent, I ask unani- mous consent that the minority views of Senator TOWER, contained in the com- mittee report on the National Defense Education Act, be printed at this point in the RECORD. There being no objection the individual views were ordered to be printed in the RECORD, as follows: INDIVIDUAL VIEWS OF MR. GOLDWATER AND MR. TOWER We are opposed to all of the provisions of the committee bill except those in title It extending for a period of 2 years Public Laws 815 and 874 which deal with federally im- pacted areas. When the National Defense Education Act was favorably reported in 1958 from the Com- mittee on Labor and Public Welfare, Senator GOLDWATER in his minority views made the following comment: "This bill and the foregoing remarks of the majority remind me of an old Arabian prov- erb: 'If the camel once gets his nose in the tent, his body will soon follow.' "If adopted, the legislation will mark the inception of aid, supervision, and ultimately control of education In this country by Fed- eral authorities." This prediction was confirmed in 1961 when the National Defense Education Act was further extended and its substantive pro- visions expanded in important respects. At that time we submitted our minority views and the position we took then is unqualified- ly relevant to the present committee bill which carries this expansion process even further. We quote from the opening para- graphs of those minority views: "We oppose the bill reported by the com- mittee amending the National Defense Edu- cation Act primarily because it constitutes a giant step in the direction of Federal con- trol of our educational system and for the following reasons, as well: "2. It departs further and further from the stated objective contained in the policy sec- tion of the act, to wit, to train more of our citizens in science, mathematics, and modern foreign languages in order to strengthen the national defense. "3. Although the act was originally adopt- ed on a temporary basis to meet an alleged defense emergency, the committee bill makes significant provisions of the act permanent without sufficient information to justify such extension, and at the risk of stifling private and other institutional sources of education- al assistance. "4. It abounds in discrimination, incon- sistencies, and inequities. "5. It has been made a vehicle for securing adoption of provisions, programs, and educa- tional schemes which are totally unrelated to the purposes of the act, and which either standing alone, or embodied in more relevant legislation, would receive short shrift from the Congress. "6. It fails to include, or includes Made- quately, provisions directly related to de- fense, provisions far more essential to the se- curity of the Nation than some of those con- tained in the bill as reported. "7. It fails to include adequate safeguards against using our schoolchildren as captive and involuntary guinea pigs for purposes of experimentation wholly unrelated to the true objectives of education. Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP751300380R000800130032-9 17114 CONGRESSIONAL RECORD ? SENATE "8. It fade to provide adequate safeguards against the kind of administration of the act, which durir g the period of almost 8 years since the ac .t became effective, has resulted in serious c eparttires from the purposes Of the act." As we have indicated, the committee bill carries this development even further. With its enactment, the National Defense Educa- tion Act weuld be transformed into a pro- gram which approximates a species of gen- eral Federal aid to education, and in which the provisions related to the national de- fense have aecome the less important portion of the legislation. To paraphrase a well- known expression, what we are witnessing is the slow but relentless advent of Federal reg- ulation of education carried out on the in- stallment plan and seeking to remain un- detected t.nder the protective cloak of na- tional defense. Title II which extends for 2 years Public Laws 815 and 874 providing aid for federally impacted areas has no business in the com- mittee hit, being totally unrelated to any of its other provisions. Its inclusion appears designed ea make it difficult for those who support Public Laws 815 and 874 to vete against the bill. These two laws which have been on he statute books for many years, enjoy bread support in the Congress and Includes many who are unenthusiastic about or are opposed to Federal aid to education We regard these two statutes, and our view is widely shared, not as Federal aid to edu- cation but as Federal payments in lieu of State and local taxes. In conclusion we would like to say that all forme of financial assistance for educa- tion by the Central Government would be rendered superfluous if the Congress were to adopt a program of tax credits, as recom- mended in the Republican platform of 1964, one form of which was narrowly rejected by the Senate in the last session. We are optimistic that the tax credit approach will ultimately prevail. BARRY` GOLDWATER Joi-in? CF. TOWER. Mr. MANSFIELD. Mr. President, move to include at the appropriate Places in titles 3 and 6 the term "industrial arts." Me. MORSE. Mr. President, I plead with tie Senator from Montana not te press for that amendment, for these rea- sons. We have considered this provision. While many of us might favor it at an- other time, I feel there is no chance of getting it through my subcommittee now. There is little chance, if any, of getting it tin ough conference. If the bill is passed in its present form, there is a strong possibility that it will not be nee- essary to have a conference. If this amendment were to be included, it would. be necessary to go to conference, and in my judgment the House would rot consider the amendment. The House committee has rejected it. Strong repre- sentations have been made to me, as chairman of the subcommittee, by spokesmen of the House that under no circumstances will the House accept this amendment. I do not believe in going throagh wasted motion. There is no chance of having the amendment adopted. We have already gone a long way down this road in the vocational education bill, now a law. We have done much for industrial arts in the Voca- tional Education Act. I urge the majority leader not to press for this amendment. Take my word for it teat we would be wasting our time Si we tried to have it adopted. It would set back the whole program. Mr. MANSFIELD Of course, I will accede the reasonable request made by the Senator from Oregon. I am glad to knew that we have gone a long way down the road of vocational education. I should like the assurance of the Sen- ator from Oregon that the question of industrial arts per se will be given fur- :her emphasis in the period ahead, Mr. MORSE. I give the majority leader my assurance that I will join in offering it as an amendment to the NDEA Act next year, so that hearings can be held on it. We have not had an oppor- tunity to hold full hearings on the pro- posal since much of the support for it has been generated since our S. 580 heart higs last year. I am confident that the proponents of the proposal can make a strong case and I would want to have it, through hearings, as a base for future action in this area. Mr. MANSFIELD. As the Senator knows, the distinguis:ned Senator frail. Indiana Mx. Bern) Is extremely inter- ested in industrial arts. Mr. MORSE. I understand. I will join in offering such an amendment next Year. EDUCATION BILLS ILLPOiTANT FOR ALASKA'S PROGRESS Mr. BARTLETT. Mr. President, I rise in support of S. 3060, a bill reported by the Committee on Labor and Public Wel- fare which extends for 3 years the Na- tional Defense Education Act and exist- ing impacted areas education legislation. The measure is of utmost importance to my State and the Nation, and I strongly urge Senate approvae President Kennedy once called educa- tion "the keystone in the arch of freedom and progress." It is a vital component in our people's well-being and in the strength and vitality of our Nation. The age in which we are living places few demands upon us as urgently as the de- mand for educational excellence. The NDEA during its 6 years of opera- tion has proved itself to be among the best conceived of recent congressional programs. There can be little doubt that it has prompted hendreds of colleges to set up loan programs and has enabled thousands of students to obtain a college education. In 1958 only 100 colleges had loan programs of even modest dimen- sions. Since NDEA's adoption this num- ber has been increased fifteenfold. Commissioner of Education Keppel has testified that through fiscal year 1963 more than 497,000 students, including 325,000 prospective teachers, borrowed approximately $325 million from the student loan funds of 1,526 colleges and universities. Alaska's colleges and college students have shared greatly in NDEA's benefits. Our institutions of higher learning? Alaska Methodist University, Sheldon Jackson Junior College, the University of Alaska, and the university's five com- munity branches--have been enabled to extend 274 student loans and 6 graduate fellowships, totaling some $216,895. During fiscal year 1964 alone, 92 loans and 4 fellowships were made available, totaling $110,055. August 1. The circumstances which made the original adoption of the NDEA a neces- sity make its continuation and expansion even more imperative. Modern life and work, more than ever, demand a college education. Yet college doors continue to be barred for many because of the rising college costs. In the academia year 1962-63 the average direct cost of attending a State school was $1,480. The figure was $2,240 for private col. leges. This is more than one-third of the average American's yearly income of $6,000. It is no wonder that, as Corn- miesioner Keppel has testified: Each year more than 100,000 high school graduates with high aptitude and interest in college fail to continue their education because of financial inability. It is no wonder that 51.8 percent of the boys and 74.8 percent of the girls, who are in the sesond quartile in college aptitude and whose families have an income of less than $3,000, fail to enter college. In families with incomes of $12,000, over 75 percent of the children of comparable aptitude are able to at- tend. Nor is it any wonder that 40 per- cent of those who enter college fail 'to graduate. Of course, other factors are Involved, but economic difficulties play all too prominent a role. These figures point to educational de:p- rivations, to inequalities of opportunity, and to manpower and talent losses we can ill afford. Again, let us glance at some figures for Alaska. Out of 1,625 high school grad- uates in 1963, only 764?or 47 percent-- entered college, University of Alaska enrollment data reveals an attrition rate of over 50 percent between the fresh- man and senior years. NDEA has helped, but we must do more. I am p:leased to be a cosponsor of S. 2490, introduced by Senator HARTKE. This comprehensive college student aid measure includes a loan-insurance pro- vision and a program of undergraduate scholarships. I hope this bill will reeeive the attention of the Senate before the session ends. The Economic Opportunity Act :con- tains a work-study provision that would permit colleges to expand their supply of part-time jobs. The Nurse Training Act, which has beea passed by the House and is awaiting Senate consideration, Would institute a loan program for nursing students and enlarge the present pro- gram of traineeship grants for advanced students. Now we must pass S. 3060, extending and expanding the NDEA student loan program. It would increase the funds autherized for student loans from the present $135 million a year to $145 million in fiscal year 1965, to $165 million in 1966, to $180 million in 1e67, and to $195 million in 1968. Thus, more of the students and institutions which are needing and re- questing NDEA funds could be accomo- dated. The bill would also allow the inclusion Of part-time students under the student loan program. Certain nonprofit, ac- credited business schools would be en- abled to participate. This would offer Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 1964 CONGRESSIONAL RECORD --- SENATE assistance to numerous people who are eeekIng to advance their learning and skills through night school or summer sessions, often while supporting a family. In Alaska it should be of particular help to those students taking advantage of the State University's extension courses. The loan ceiling for graduate and pro- fessional students would be increased from the present $1,000 to $2,500 an- nually and from $5,000 to $10,000 in the aggregate. Such a provision is realistic In the light of rising graduate school fees and the numerous responsibilities graduate students must frequently as- sume. Another amendment, and one wholly consistent with the National Defense Education Act's aim of teacher recruit- ment, would extend the act's 50-percent forgiveness provisions to students who later teach in private elementary and secondary schools or in institutions of higher education. Finally, the bill would expand the graduate fellowship program of the Na- tional Defense Education Act. Stairstep increases would result in 10,000 fellow- ships being offered annually by 1967. Although National Defense Education Act's best known feature is probably its college student loan program, the act has been of great benefit to our public elementary and secondary schools as well. For example, under title III of the National Defense Education, Act, the Alaska State Department of Education has received some $365,886 in grants on a 50-50 matching basis for the purpose of improving public school instruction in science, mathematics, and modern for- eign languages. Funds under this title have financed the purchase of labora- tory apparatus, audiovisual equipment, and printed materials, and the remodel- ing of classrooms and instruction facili- ties. The bill before us would extend this program 3 years and add the vital fields of English, remedial reading, geography, civics, and history to the areas it includes. Title V of the National Defense Educa- tion Ad provides funds on a 50-50 matching basis for States which develop programs of testing, guidance, and voca- tional and academic counseling. It seems to me that such programs would assist in alleviating the dropout problem and encouraging able students to con- tinue in college. Both problems are serious in Alaska. As I have previously mentioned, our high school dropout rate is a high 36 percent. Only 49 percent of our high school graduates enter college. Our State has already received $116,840 under title V and has a great stake in the continuation and expansion of the counseling and guidance program. This the committee bill would accomplish, in- cluding in its coverage elementary schools and public junior colleges as well as high and junior high schools. The bill's NDEA amendments would also continue the program of grants and training allowances for short-term training institutes in guidance counsel- ing, and would expand the section to cover courses Tor librarians and educa- tional media specialists. No. 148----5 Finally, NDEA's title X program, which finances State educational studies and statistical services, would be continued and improved. This is a program under which Alaska has received $118,400 since 1958. The second major section of the com- mittee's bill would continue for 3 years the provisions of Public Laws 815 and 874. The first of these provides school construction assistance; the second re- lieves the expenses of schools operating In Federal impact areas. This helps such areas to care for increased student enrollments due to Federal activity. These programs have been in effect since 1950. The aid they have brought to Alaska has been both generous and vitally important. From 1950 to 1963 Alaska school districts have received $48,- 608,572 for operating expenses, $18,114,- 768 for on-base construction of facili- ties and $12,838,691 for construction of buildings in communities. It is esti- mated that Alaska will receive grants for fiscal year 1964 which total $9,529,620 for school operations and $3,356,149 for school construction on the bases of the armed services, the Federal Aviation Agency, other Government agencies, and communities. This assistance has en- abled Alaska to provide an educational system that is among the finest in the Nation. The committee bill also calls on the Commissioner of Education to suggest by June 30, 1965, such changes in existing law as he thinks warranted. As success- ful and workable as the impacted areas plan has been, I believe the committee was wise in asking for this study. Mr. President, the National Defense Education Act and Public Laws 815 and 874 have proved their worth, to my State and to the Nation. I commend the com- mittee for the 3-year extensions and the strengthening amendments they have suggested. We must at least enact this bill. And I hope we shall do more before this session ends. Mr. BAYH. Mr. President, I want to express my appreciation to the majority leader for his intercession in behalf of aid to industrial arts education. In view of the assurances which the Senator from Oregon has given, I per- sonally will not insist now on this amend- ment. I want to emphasize, however, my disappointment that the 1964 legisla- tion does not include aid to this deserv- ing branch of education, and my hope that this deficiency will be corrected in the next Congress. Industrial arts is the only curriculum area in general education devoted pri- marily to the interpretation of industry, which is the most dominant character- istic of our society. It helps students to prepare for living in an industrial de- mocracy and provides a foundation for specific occupational and educational op- portunities. Thus, the future scientist, engineer, technician, and workman gains an insight into the requirements which he has to value once he chooses his fu- ture occupation. Industrial arts greatly contribute to all ability levels as evidenced in a study being conducted by the U.S. Office of 17115 Education. A 10 percent sampling re- veals that 46 States offer industrial arts for upper ability students, and 25 States have industrial arts for slow students. In the School year 1948-49, the enroll- ment of students studying industrial arts courses totaled 1,762,242. The U.S. Of- fice of Education estimates that over 3,500,000 students are currently studying industrial arts courses. Despite the great increase in student enrollment, the number of earned degrees?bachelor?in industrial arts education declined from 3,750 in 1958-59 to 3,376 in 1961-62. In a survey of in- dustrial arts teacher education programs in 1958, Marshall L. Schmitt, specialist for industrial arts, U.S. Office of Educa- tion, found that only 61 percent of the college graduates of industrial arts went Into teaching. The remaining graduates went into industry and military service. These statistics show the tremendous Pressures placed upon industrial arts programs to meet the needs of the rapidly rising school population with fewer qual- ified teachers. The survey indicates that many industrial arts programs are being taught by teachers who hold substandard certificates. These teachers are expected to continue their study in order to be- come qualified in this field. To strengthen further the industrial arts programs, most school systems encourage and require their teachers to pursue graduate work and eventually obtain a higher degree. The shortage of indus- trial arts teachers, evidenced by a recent survey reported on the following pages, has created a large gap that will seriously impair the industrial arts program unless we can upgrade our personnel. Since in- dustrial arts is the study of industrial materials, products, and processes, and the problems related to our technical society, it is imperative that our teachers continually seek new content and better methods of presenting modern industrial concepts and ideas to the American youth. The following survey illustrates the shortages of industrial arts teachers as reported by a joint group of State super- visors of industrial arts and teacher educators during the AIAA annual con- vention, held in Washington, D.C., March 30-Apr11 3, 1964: RANDOM SAMPLES OF 11 STATES REPORTING SHORTAGES OF INDUSTRIAL ARTS TEACHERS FOR THE SCHOOL YEAR 1963-64 California: Eleven colleges produced 250 graduates. State needs 500 per year. Teacher supply only one-half of need. Florida: State colleges produce only one- third of State need for industrial arts teach- ers. In September 1963, 25 industrial arts classes had to be closed because of lack of teachers. Georgia: Georgia colleges graduated 40 in- dustrial arts teachers in 1963. Twenty en- tered teaching (others went Into industry). State need was about 60 teachers or three times supply. Indiana: In September 1963, 40 industrial arts classes had to be left unfilled because of shortage of industrial arta teachers. Maryland: State university and colleges in 1963 could supply only 20 percent of indus- trial arts teachers requested by local boards of education. Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17116 CONGRESSIONAL RICORD - SENATE August 1 Massacbusetts: Colleges in Massachusetts graduated 37 industrial arta teachers in 1963. Approximntely 40 percent went into industry. State requirement of industrial arts teachers was betwena 50 and 60 new teachers. Michigaa: The seven universities and col- leges which have teacher education programs in industrial arts could supply only one- third of the requests of superintendents of schools in 1963. New Jersey: In 1963, New Jersey gradu- ated 87 hidustrial arts teachers, The State required 200 teachers, In 1963, 163 indus- trial arts teachers were on emergency cer- tificates. New York: In New York City alone there is a current shortage of 100 industrial art; teachers. In upper-State New York, 50 or more industrial arts teachers are working on a temporsry, unlicensed certificate. North Carolina: In the depressed Ap- palachian county where indiestrial arts is badly needed, there are no ihdustrial arts teachers ecause of lack of funds. At Ap- palachian State Teachers College only 14 in- dustrial arts teachers graduated in 1963, but the requests totaled 150. Pennsynetania: In 1963, 15 percent of the industrial arts laboratories were closed or filled with unqualified teachers. Philadel- phia, where industrial arts is so badly needed to help eliminate the dropout problem, had a shortage of approximately 50 industrial arts teachers in 1963. In view of thse facts I regret very much that it is impossible to secure an amend- ment to section 611(a), to Include indus- trial art3 as a field eligible for institutes for advanced study, and I hope that next year Congress will give serious consider- ation of alleviating this critical need. Mr. COOPER. Mr. President, as .t cosponsor of the original National De- fense Education Act of 1958, and as one who has spoken and voted in the Senate for its extension since that time, I want to express my support for S.-3060, the bill which is before us today. As one who has also during my service in the Senate, supported Public Law 815 and Public Law 874, which are so important to our local public schools in federally im- pacted areas, I am glad that this bill makes provision for extending these laws through June 30, 1967, so that our school districts can plan their costs and obliga- tions accordingly. I am *)leased that the 3-year extension of the National Defense Education Act, to June 30, 1968, as proposed in S. 3060, includes provision for additional educa- tional needs which bear upon the deve.- opment of the mental resources of our Yonne men and our young women, and upon tk e continuing security of our Na- tion. These resources are the future strength of our Nation, and they will be materially improved especially by the provision of this bill which authorizes a training and institute program for teachers of English, remedial reading, history, geography and civics, and by as- sistance to those preparing to become school librarians or educational media specialists. Just as thousands of students and teacher's in my own State of Kentucky, in dozuns of schools and colleges there, have already benefited from existing pro-. visions of the National Defense Educa- tion Act, so many others in Kentucky and across the country can benefit from the improvement in the vital preparation for teaching our native language, and for teaching these other subjects which are so important in helping our young peo- ple to learn about the world around us, and in promoting effeclve citizenship for future generations. I think. 8. 3060 is a good bill, and I hope the Senate will pass It today. The PRESIDING OFFICER. The bill Is open to amendment. If there be no amendments to be proposed, the ques- tion is on the engro3sment and third reading of the bill. The bill (S. 3060) was ordered to .be engrossed for a third reading, read the third time, and passed, as follows: Be it enacted by the Setuite and Hcruse ce Representatives of tite United States of ennerica in Congress tmsembied, TITLE I-AMENDMENTS TO NAT EONAL DEFENSE EDUCATION ACT OF Less Part A-Loans to students in institutions of higher education Definition Amendment SEC. 101. The second sentence of section 1.03(b) of the National Defense Education Art of 1958 is amended ey striking out "pri- vate" and by striking oul. " (3) .". Appropriations Authorized SEC. 102. The first sentence of section 201 o:: the National Defente Education Act of 1958 is amended by striking out "and $135,- 000,000 for the fiscal year ending June 30, 1065, and such sums for the fiscal year end- ing June 30, 1066, and etch of the next three 115051 years as may be necessary to enable seudents who have received loans for school years ending prior to July 1, 1965, to continue or complete their education" and inserting in nett thereof "$145,000,000 for the fiscal year ending June 30, 1965, $165,000,000 for the fis- cal year ending June 30, 1066, $180,000,000 for the fiscal year ending June 30, 1967, and 3196,000,000 for the fiscal year ending June 30, 1968, and such suns for the fiscal year ending June 30, 1969, and each of the next three fiscal years as raay be necessary to enable students who have received loans for school years ending prior to July 1, 1968, to continue or complete their education". Allotments to States SEC. 103. Section 202 of the National De- fense Education Act of 1958 is amended by striking out "1965" 'wherever it appears therein and inserting in lieu thereof "1968". Payment of Federal Capital Contributions SEC. 104. Effective with respect to fiscal years beginning after lame 30, 1964, section e03 of the National Defense Education Act of 1958 is amended by striking out subsection ib) and by striking cut "(a)" after "Sec. Conditions of Agreements SEC. 105. (a) Paragraph (4) (B) of section e04 of the National Defense Education Act of :1958 is amended to road as follows: "(B) other students with a superior academic background; and". (b) The amendment; made by subsection a) of this section shall apply to the selec- eion of students under title EI of the National lOefense Education Acil of 1958 made in or after the second montl. following the month in which this Act is enacted. Terms of Loans SEC. 106. (a) Subsecidon (a) of section 205 of the National Defense Education Act of 1958 is amended to real as follows: "(a) The total of tile loans for any aca- demic year or its equivalent, as determined under regulations of the Commissioner made by institutions of higher education from loan funds esteblished pursuant to agreements under this title May not exceed $2,500 in the case of any graduate or profes- sional student (as defined in regulations Of the Commissioner) , and may not exceed $1,000 in the case of any other student. The aggregate of the loans for all years from such funds may not exceed $10,000 in the case of any graduate or professional student (as so defined, and including ann loans from su(di funds made to such person before he be came a graduate or professional student), or $5,000 in the case of any other student." (b) (1) Paragraph (1) of subsection (n) of such section 205 Is amended to read as follows: "(1) such a loan shall be reede only to a student who (A) is in need of the amount of the loan to pursue a course of study at such institution, and (B) is capable, in the opinion of the institution, of maintaining good standing in such course of study, and (C) has been accepted for enrollment as a student in such inatitution or, in the case ,of a student already attending such institution, is in good standing there either as an un- dergraduate, graduate, or professional stu- dent, and (1)) is carrying at least one-half the normal full-time academie workload as determined by the institution; ". (2) Paragraph (2) of such subsection (b) of such section 205 is amended by striking out "and (D)" and inserting in lieu thereof the following: "(0) the institution may pro- vide that periodic installments need not be paid during any period or periods, aggregat- ing not in excess of three yearn during which the borrower is in part-time attendance at an institution of higher education taking courses which are creditable toward a degree, and may also provide that any such period shall not be included in determining the ten-year period during Which the repayment must be completed, but interest shall con- tinue to accrue during any such period, and (E)". (3) Paragraph (3) of such subsection (b) of such section 2e5 is amended to read as follows: "(3) not to exceed 50 per centtun of any such loan (plus interest) shall be canceled for service as a full-time teacher in a public or other nonprofit elementary or see..ondery school in a State, In an institution of higher education, or in an elementary or secondary school overseas of the Armed Forces of the United States, at the rate of 10 per centum of the amount of such loan plus interest thereon, which was unpaid on the first day of such service for each complete academic year of such service." (4) Paragraph (4) of subsection (b) of such section 205 IS amended by inserting Im- mediately before the semicolon at the end thereof the followings "in an cases except where the date on which repayment IS to begin is suspended by reason of clause (D) of paragraph (2)". (o) The amendment made by subsection (a) shall apply for purposes of determining the amount of any loans under title II of the National Defense Education Act of 1958 for academic years beginning after the date of enactment of this Act. The amendments made by paragraphs (2) and (4) of subeec- ton rein shall apply to any loan (under ant agreement under title II of the National 'De- fense Education Act of isstn outstandinn on the date of enactment of this Act only With the consent of tae institution which made the loan. The amendment made by para- graph (3) of subsection (b) shall apply with respect to service performed during academic years beginning after the enactment of tins Act, whether the loan was made before; or after such enactment. Distribution of Assets From Student Loan Funds Sec. 107. Section 206 of the National 'De- fense Education Act of 1958 is amended by striking out "1969" wherever it appears there- in and inserting in lieu thereof "1972"e Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 1964 Approved For Release 2002/01/23 "CIA-RDP751300380R000800130032-9 CONGRESSIONAL RECORD ? SENATE 17117 Part B?Financial assistance for strengthen- ing instruction in science, mathematics, miyiern foreign languages, and other criti- cal subjects Extension of Title SEC. 111. Title III of the National Defense Education Act of 1958 is amended by strik- ing "TITLE III--FINANCIAL ASSISTANCE FOR STRENGTHENING SCIENCE, MATHEMATICS, AND MODERN FOREIGN LANGUAGE INSTRUCTION" RS it appears as the heading of that title, and inserting in lieu thereof: "TITLE III?FINANCIAL ASSISTANCE FOR STRENGTHENING INSTRUCTION IN SCIENCE, MATHEMATICS, MODERN FOREIGN LANGUAGES, AND OTHER CRITICAL SUBJECTS" Appropriations Authorized Sze. 112. Section 301 of the National De- fense Education Act of 1958 is amended to read as follows: "Appropriations Authorized "SEe. 301. There are hereby authorized to be appropriated 870,000,000 for the fiscal year ending June 30, 1959, and for each of the five sueceeding fiscal years, and $90,000,000 for the fiscal year ending June 30, 1965, and for each of the three succeeding fiscal years, for (1) making payments to State education- al agencies under this title for the acquisition of equipment (suitable for use in providing education in science, mathematics, history, civics, geography. modern foreign language. English, or remedial reading), but excluding supplies which are consumed in use, and for miner remodeling described in para- graph (1) of section 303(a), and (2) making loans authorized in section 305. There are also authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1959, and for each of the five succeeding fiscal years, and $10,000,000 for the fiscal year ending June 30, 1965, and for each of the three suc- ceeding fiscal years, for making payments to State educational agencies under this title to carry out the programs described in para- graph (5) of section 303(a)." Allotments to States 8E0. 113. (a) The second sentence of sub- section (a) (2) of section 302 of the National Defense Education Act of 1958 is amended by striking out "as soon as possible after the enactment of this Act, and again between July 1 and August 31 of 1959" and inserting in lieu thereof "between July 1 and August 31 of each even-numbered year beginning with calendar year 1961". (b) The third sentence of such subsection Is amended to read as follows: "Each such promulgation shall be conclusive for each of the two fiscal years in the period July 1 next succeeding such promulgation, except that the ratios promulgated in 1959 shall be conclusive for each of the five fiscal years in the period beginning July 1, 1960, and ending June 30, 1965." (c) Effective with respect to allotments under subsection (b) of section 302 of such Act for fiscal years beginning after June 30, 1964, the third sentence of such subsection is amended by striking out "$20,000" wherever it appears therein and inserting in lieu thereof "$50,000". State Plans SEC. 114. (a) Clause (A) of section 303(a) (1) of the National Defense Education Act of 1958 is amended to read as follows: "(A) acquisition of laboratory and other special equipment (other than supplies consumed in use), including audiovisual materials and equipment, and printed and published mate- rials (other than textbooks), suitable for use in providing education in science, math- matics, history, civics, geography, modern foreign language, English, or remedial read- ing in public elementary or secondary schools, or both, and of testgrading equip- ment for such schools and specialized equip- ment for audiovisual libraries serving suoli sehools, and". (b) Paragraph (5) of section 303(a) is amended by striking out "and modern for- eign languages" and inserting in lieu thereof "history, civics, geography, modern foreign languages, English, and remedial reading". Payments to States SEC. 115. The second sentence of subsection (b) of section 304 of such Act is amended by striking out "five" and inserting in lieu thereof "eight". Interest Rates SEC. 116. Paragraph (3) of subsection (b) of section 305 of such Act is amended by striking out "as of the last day of the month" and inserting in lieu thereof the following: "as computed at the end of the fiscal year next". Part 0?Fellowships Number of Fellowships SEC, 121. Effective July 1, 1964, section 402(a) of the National Defense Education Act of 1958 Is amended to read as follows: "Number of Fellowships "SEC. 402. (a) During the fiscal year end- ing June 30, 1965, the Commissioner is au- thorized to award not to exceed five thousand fellowships to be used for study in graduate programs at institutions of higher education, during the fiscal year ending June 30, 1986, he is authorized to award not to exceed seven thousand five hundred such fellowships, and during each of the two succeeding fiscal years, he is authorized to award not to exceed ten thousand such fellowships. Such fellow- ships may be awarded for such period of study as the Commissioner may determine, but not in excess of three academic years, except that where a fellowship holder pur- sues his studies as a regularly enrolled stu- dent at the institution during periods outside the regular sessions of the graduate program of the institution, a fellowship may be awarded for a period not in excess of three calendar years." Award of Fellowships and Approval of Institutions SEC. 122. (a) The first sentence of subsec- tion (a) of section 403 of the National De- fense Education Act of 1958 is amended to read as follows: "Of the total number of fellowships authorized by section 402(a) to be awarded during a fiscal year (1) not less than one-third of such fellowships awarded during the fiscal years ending June 30, 1985. and June 30, 1966, and not less than 2,500 for each fiscal year thereafter, shall be awarded to individuals accepted for study in graduate programs approved by the Com- missioner under this section, and (2) the remainder shall be awarded on such bases as he may determine, subject to the provi- sions of subsection (c). The second sen- tence of subsection (a) of such section is amended by striking out ", and" at the end of clause (2) and inserting in lieu there- of a period, and by striking out clause (3) thereof. (b) Section 403(b) of such Act is amended by striking out "under this title" and in- serting in lieu thereof "as described in clause (1) of the first sentence in subsection (a)", and by inserting before the period at the end thereof the following: ", and the Commis- sioner shall give consideration to such ob- jective in determining the number of fellow- ships awarded under this title for attendance at any one institution of higher education". (c) Section 403 of such Act is further amended by adding at the end thereof the following new subsections: "(c) Recipients of fellowships under this title shall be persons who are interested in teaching, or continuing to teach, in institu- tions of higher education and are pursuing, or intend to pursue, a course of study lead- ing to a degree of doctor of philosophy or an equivalent degree. "(d) No fellowship shall be awarded un- der this title for study at a school or depart- ment of divinity. For the purposes of this subsection, the term 'school or department of divinity' means an institution or depart- ment or branch of an institution, whose program is specifically for the education of students to prepare them to become minis- ters of religion or to enter upon some other religious vocation or to prepare them to teach theological subjects." (d) The amendments made by this sec- tion shall become effective July 1, 1964. Fellowship Stipends SEC. 123. (a) Section 404(a) of the Na- tional Defense Education Act of 1958 is amended (1) by striking out "after the bac- calaureate degree", and (2) by adding at the end thereof the following: "The stipend for any such person for any such academic year shall, if, prior to such year, he has had two or more academic years of teaching experi- ence at a college or university, be increased to the extent provided in accordance with regulations of the Commissioner based on the length of such experience and such other factors as the Commissioner deems relevant to the objectives of this title; except that the amount of such stipend for any academio year of study may not exceed $4,800 plus $400 for each of his dependents. Where a person awarded a fellowship under this title for study at an institution of higher education pursues his studies as a regularly enrolled student at such institution during periods outside of the regular sessions of the gradu- ate program of the institution, the Commis- sioner may make appropriate adjustments in his stipends and allowances for dependents." (b) The amendment made by this section shall apply in the case of stipends and allow- ances under section 404(a) of such Act which are paid with respect to periods in academic years begining after the enactment of this Act. Part fl?Guidance, counseling, and testing; identification and encouragement of able students Appropriations Authorized SEC. 131. Section 501 of the National De- fense Education Act of 1958 is amended by striking out "and $17,500,000 each for the fiscal year ending June 30, 1964, and the succeeding fiscal year," and inserting in lieu thereof "$17,500,000 for the fiscal year end- ing June 30, 1964, $25,000,000 for the fiscal year ending June 30, 1965, $25,500,000 for the fiscal year ending June 30, 1966, $32,500,- 000 for the fiscal year ending June 30, 1967, and $37,500,000 for the fiscal year ending June 30, 1968,". State Plans SEC. 132. Paragraphs (1) and (2) of sec- tion 503(a) of the National Defense Educa- tion Act of 1958 are amended to read as follows: "(1) a program for testing students in the public elementary and secondary schools of such State or in the public junior colleges and technical institutes of such State, and if authorized by law, in other elementary and secondary schools and in other junior colleges and technical institutes in such State, to identify students with outstand- ing aptitudes and ability, and the means of testing which will be utilized in carrying out such program; and "(2) a program of guidance and counsel- ing at the appropriate levels in the public elementary and secondary schools or public junior colleges and technical institutes of such State (A) to advise students of courses of study best suited to their ability, apti- tudes, and skills, (B) to advise students in their decisions as to the type of educa- tional program they should pursue, the vo- cation they should train for and enter, and the job opportunities in the various fields, and (C) to encourage students with out- standing aptitudes and ability to complete their secondary school education, take the necessary courses for admission to institutes Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17118 CONGRESSIONAL RECORD-SENATE August .1 of higher education, and enter such institu tions." Payments to States SEC. 133. (a) Section 504(a) of the Na- tional Defense Education Act of 1958 Is amended by striking out "five" and inserting in lieu thgreof "eight". (b) Section. 504(b) of such Act is amender:. by striking out ", who are not below grade 7,", and ry striking out "six" and insert- ing in 'Ilea thereof "nine", and by inserting after "schools" the first time it appears tin following: ", or junior colleges or techni- cal institt teen. Junior (3olleges and Technical Institutes SEC. 13g . Title V of the National Defense Education Act of 1958 IS amended by insert- ing after gection 504 the following new sec- tion: "Definitions "Sao. 51 5. For the purposes of this title, the term Junior colleges or technical insti- tutes' meens (1) institutions of higher edu- cation which are organized and administered principalln to provide a two-year program which is acceptable for full credit toward a bachelcr's degree, and (2) institutions which meot the requirements of clauses (1), (2), (4), unci (6) of section 103(b) and are organized and administered principally to provide a two-year program in engineering, mathemat es, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scien- tific, or Giber technological fields which re- quire the understanding and application of basic engi meting, scientific, or mathematical principles or knowledge, and, if a branch cif an institution of higher education offering four or more years of higher education, is located in a community different from that In which its parent institution is located." Counseling' and Guidance Training Institutes SEC. 135, Section 511 of such Act is amend- ed to read se follows: "Authorization "SEC. 51k. (a) There are hereby authorized to be appropriated $6,250,000 for the fiscal year endins June 30, 1959, $7,250,000 for the fiscal year ending June 30, 1960, and for each of the foug succeeding fiscal years, and $10,- 000,000 fog the fiscal year ending June 30, 1965, and for each of the three succeeding fiscal yearn, to enable the Commissioner to arrange, through grants or contracts, with institutions of higher education for the oper- ation by t. tern of short-term or regular ses- sion institutes for advanced study, including study in the use of new materials, to improve the qualifi gation of individuals who are en- gaged, or are teachers preparing to engage in counseling and guidance of students in ele- mentary og in secondary schools or in insti- tutions of aigher education including junior colleges and technical institutes as defined in section 105. "(b) Each individual who attends an in- stitute operated under the provisions of this part shall I e eligible (after application there- for) to receive a stipend at the rate of $75 per week for the period of his attendance at such instit rte, and each such individual with one or mon i dependents shall receive an addi- tional stirs ad at the rate of $15 per week for each such eependent." Part E?Lcnguage development and insti- tutes for advanced study in teaching cer- tain critical subjects Extension of Title SEC. 141. (a) Title VI of the National De- fense Ethic ition Act of 1958 is amended by striking "T TTLE VI?LANGIYAGE DEVELOPMENT" as it appear s as the heading of that title, and inserting it lieu thereof, "TITLE VI?LANGUAGE DEVELOPMET T AND INSTITUTES FOR ADVANCED STUDY IN TEACHING CERTAIN CRITICAL SUB- JECTS", (b) Section 601 of the National Defense Education Act of 1958 is amended by strik- ing out "1965" wherever it appears therein and inserting in 1:ieu thereof "1968". (c) Section 608 of such Act Is amended to read as follows: "Appropriations Authorized "Ssc. 603. There are hereby authorized to be appropriated $3,000,000 for the fiscal year ending June 30, 1964, $13,000,000 for the fiscal year ending June 30, 1965, $14,000,000 for the fiscal year ending June 30, 1066, and $16,- 000,000 for the fiscal year ending June 30, 1967, and $18,000,000 for the fiscal year end- ing June 30, 1968, to carry out the provisions of this part." Institutes for Advanced Study in Teaching Certain Critical Subjects SEC. 142. Effective July 1, 1064, part B of tile VI of the National Defense Education Act of 1958 is amended to read as follows: "Part B?Institutes for advanced study in teaching certain critical subjects "Authorization ''Sac. 611. (a) There hereby authorized to be appropriated $30,000,000 for the fiscal year ending June 30, 1965, and for each of the three succeeding fiscal years, to enable the Ccmmisegioner to arrange, through grants or contracts, with institutions of higher edu- canton for the operation by them of short- term or regular session institutes for ad- vanced study, including study in the use of new materials, to improve the qualification of individuals who are or are preparing to become school librarians or educational media specialists, or who are engaged in or are preparing to engage in the teaching, or supervising or training of teachers, of his- tca y, civics, geography, modern foreign lan- guages, English, or remedial reading in ele- mentary or secondary schools. (b) Each individual who attends an insti- tute operated under the provisions of this part shall be eligible (after application therefor) to receive a stipend at the rate of $75 per week for the period of hie attend- ance at such institute, and each such in- dividual with one or more dependents shall receive an additional stipend at the rate Of $11 per week for each such dependent." Part F?Utilization of television, radio, mo- tion pictures, and related media for educe.- tiottal purposes Extension of Program Eire. 151. Section 763 of the National. De- fense Education Act of 1958 is amended by striking out "six succeeding fiscal years" and Inserting in lieu. thereof "nine succeeding fist al years". Part G?Miseetlaiteous State Administration SEc. 161. (a) Subparagraph (2) of section 1004(a) of the National Defense Education Act: of 1958 is amended by inserting before the semicolon ", and will keep such records and afford such access thereto as are mem- 3ary to assure the correctness and verifica- tion of such reports". ( b) Subparagraph (3) of such section L001(a) is amended by striki.ngout "dis- bursement" and inserting in lieu thereof "application". Extension of Statistical Services Program Sec. 162. (a) Subsection (a) of section ::(109 of the National Defense Education Act of S958 is amended by striking out "six suc- ceeding fiscal years" and inserting in lieu thereof "nine succeeding fiscal years". ('o) Such section 1009 is further amended by redesignating subsections (b), (c), and iU) as subsections (c) (d) , and (a), respec- tively, and by inserting after subsection (a) the following new subsection: " b) (1) From the sums appropriated pur- mint to subsection (a) for any fiscal year the Commissioner shall allot to each State (not including the Canal Zone, Guam, Amer.. lean Samoa, or the Virgin Islands) $50,000, and to the Canal Zone, Guam, American Samoa, or the Virgin Islands $25,000? arid from the balance then remaining shall allot to each State an iidditional amount which bears the same ratio to such balance as the school-age population of such State bears to the total of the school-age populations of all the States, except that of such balance no State may receive an amount in excess of (A) $125,000 or (B) 10 cents multiplied by the school-age population of the State, whichever is the smaller. Any portion of such balance which, by 'reason of the applicaticn of the limitations in clauses (A) and (E) of the preceding sentence, remains after al- lotments (or reallannents) have been made under such sentence shall be reelloted among the States to which the limitations in such clauses do not apply, in proportion to the original allotments to such States under the preceding sentence, but subject to the liiri- itations in such clauses. "(2) The amount of any State's allotment under pargaraph (1:, for any fiscal year which the Commissioner determines will not he required for such fiscal year for carrying mit programs under subsection (c) shall be avail- able for reallolament from time to time, on such dates during such year as the Com- missioner may fix, to other States in propor- tion to the original allotments to such States under paragraph (1) for such year. but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Commissioner es-- tirnates such State needs and will be able to use for such programs for such year and subject to the limitations in clauses (A) and (B) of paragraph (I) and the total of such reductions shall be similarly reallotted among the States whose prcportionate amounts were not so reduced. Ary amount realloted to a State under this paragraph during such year shall be deemed part of its allotment under paragraph (1) for such year." (c) The subsection of such section 1009 herein redesignated as subsectien (c) is amended by striking out "improving" in clause (1), by inserting "and maintenance' after "development' in clause (2), by strik- ing out "improving methods for" in clause (4), and by striking out "650,000" and In. sorting in lieu thereof "its allotment for such year" irk the last sentence thereof. (d) The subsection of such section 1009 herein redesignated as gut:Mention (d) lit amended by striking out "(1) only to the extent it is a new program or an addition to or expansion of an existing program, and (2)", and by striking out "(d)" and inserting in lieu thereof "(e)". Part H--Amenclanenits of Table of amtents Table of Contents Sac, 171. The table of contents of the Na- tional Defense Education Act of 1958 is amended? (1) by striking out "TITLE in?rninszecIAL ASSISTANCE TOR, STRENGTHENING SCIENCE, MATHEMATICS, ANII. MODERN FOREIGN LANGUAGE INSTRUCTION" and inserting in lieu 'thereof "TITLE III--FINANCTAL ASSISTANCE FOR STRENGTHENING INSTRUCTION IN SCTENCE, MATHEMATICS, MODERN FOREIGN LANGUAGES, AND OTHER CRIT/CAL SUBJECTS"; (2) by inserting after "Sec. 804. Payments to States." the following: "See. 505. Definitions.": (3) by striking out "TITLE VI?LANGUAGE DEVELOPMENT" and inserting In lieu thereof "TITLE VI?LANGUAGE :DEVELOPMENT AND =STD.' TIMES POR ADVANCED STUDY IN TEACHING CERT;1 TAIN CRITICAL sussecrs"; AND Approved For Release 2002/01/23 : CIA-RDP75B00380R000800130032-9 1964 Approved For Release 2002/01/23 : CIA-RDP751300380R1:100800130032-9 CONGRESSIONAL RECORD ? SENATE 17119 (4) by striking out "Part b--language institutes" and inserting in lieu thereof "Part B?institutes for advanced study in teaching certain critical sublects". TITLE II?FEDERAIIT AFFECTED AREAS Amendments to Public Law 815 Sno. 201. (a) The first sentence of section 3 of the Act of September 23, 1950, as amended (20 U.S.C. 631-645), is amended by striking out "1965" and inserting in lieu thereof ft1967". (b) Subsection (b) of section 14 of such Act is amended by striking out "1965" each time it appears therein and inserting in lieu thereof "1967". (a) Paragraph (13) of section 15 of such Act is amended by inserting "the District of Columbia," after "Guam,". (d) Paragraph (15) of section 15 of such Act is amended by striking out "1962-1963" and inserting in lieu thereof "1964-1965". Amendments to Public Law 874 SEC. 202. (a) Sections 2(a), 3(b), and 4(a) of the Act of September 30, 1950, as amended (20 U.S.C. 236-244), are each amended by striking out "1965" each place where it ap- pears and inserting in lieu thereof "1967". b) Section 9(8) of such Act is amended by inserting "the District of Columbia," after "Guam,". Comprehensive Study SEC. 203. The Commissioner of Education shall submit to the Secretary of Health, Edu- cation, and Welfare for transmission to the Congress on or before June 30, 1965, a full report of the operation of Public Laws 815 and 874, as extended by this Act, and his recommendations as to what amendments to such laws should be made if they are further extended. Mr. MORSE. Mr. President, I move that the Senate reconsider the vote by which the bill was passed. Mr. CLARK. I move to lay that mo- tion on the table. The motion to lay on the table was agreed to. Mr. MORSE. Mr. President, I ask that the bill be printed as passed. The PRESIDING OFFICER. Without objection, it is so ordered. HOSPITAL AND MEDICAL FACILITIES AMENDMENTS OF 1964 Mr. MANSFIELD. Mr. President, I move that the Senate proceed to the con- sideration of Calendar No. 1210, H.R. 10041. The PRESIDING OFFICER. The bill will be stated by title. The ?CHIEF CLERK. A bill (H.R. 10041) to improve the public health through revising, consolidating, and im- proving the hospital and other medical facilities provisions of the Public Health Service Act. The PRESIDING OPPICliat. The question is on agreeing to the motion of the Senator from Montana. The motion was agreed to; and the Senate proceeded to consider the bill. Mr. HILL. Mr. President, H.R. 10041 would extend for 5 additional years the hospital and medical facilities construc- tion program of the Public Health Serv- ice that authorizes Federal funds to be allocated to the States to pay part of the costs of constructing public and other nonprofit hospitals, public health cen- ters, long-term care facilities, rehabili- tation facilities, and diagnostic or treat- ment centers. For the construction of hospitals and public health centers and the moderniza- tion of health facilities, a total of $840 million is authorized to be appropriated over the 5 fiscal years 1965-69. Of that total, $680 million is designated for hos- pitals and public health centers and $160 million is designated for modernization. But up to $530 million of the hospital and public health center funds could be transferred to modernization, depending on the extent to which the States deter- mine such transfer would better carry out the purposes of the title. In other words, this $690 million can, under the law, be used for moderniza- tion as predetermined by State agen- cies. Furthermore, up to $70 million of the modernization funds could be trans- ferred for the construction of new hos- pitals and public health centers, depend- ing on the extent to which the States determine that the need for new hos- pitals and public health centers is greater than the need for modernization. For the construction of long-term care facilities?nursing homes and chronic disease hospitals?a total of $350 million is authorized to be appropriated over the 5 fiscal years, 1965-69. For the construction of diagnostic or treatment centers, a total of $100 million is authorized to be appropriated over the 5 fiscal years, 1965-69. For the construction of rehabilitation facilities, a total of $50 million is author- ized to be appropriated over the 5 fiscal years, 1965-69. H.R. 10041 authorizes grants for area- wide health facility planning in metro- politan and other areas?$2.5 million in fiscal 1965 and $5 million in each of the next 4 years, with 50-50 Federal-State matching?and permits States to use 2 percent of their allotments?not to ex- oeed $50,000 a year?to improve and strengthen the State administration of the construction program on a 50-50 matching basis. The Hill-Burton Act was originally en- acted in 1946 as Public Law 725. Since then a total of 7,306 projects have been recommended by the States and ap- proved for Federal assistance in the con- struction of general, mental, and tuber- culosis hospitals, rehabilitation facilities, and diagnostic or treatment centers, and State health laboratories. Almost 311,000 inpatient beds and 2,011 health facilities, other than hospitals, at a total cost of $6.7 billion have been constructed under the program. The total Federal share of $2.1 billion is less than one-third of the total construction costs. State Hill-Burton agency reports to the Public Health Service show that $2.9 billion, including $1.2 billion in Federal funds, would be used for the construction of hospitals and other health facilities during 1965 and 1966 if there were no limitation on Federal funds under the Hill-Burton program. State agencies report that we still need 133,000 additional new general hospital beds if the Nation's requirements are to be met and it is estimated that more than 13,000 general hospital beds are re- quired annually just to take care of the annual increase in our population. Of the 2,443 health service areas in the United States, only 979, or 40 percent, are reported by State health departments as having met 100 percent of their general hospital bed needs. The remaining 1,464 counties or health service areas need to construct additions to existing hospitals or to erect new hospitals. The needs for modernizing existing hospitals and health facilities are also extensive. A 1960 study, conducted on a sampling basis by the Public. Health Service in cooperation with State Hill- Burton agencies, revealed that it would cost at least $3.6 billion to modernize and replace existing facilities without in- creasing the total number of beds. The needs probably exceed $4 billion today, and in the general hospital field alone, the modernization requirement totals $2.8 billion. The Hill-Burton program is a mile- stone in successful Federal, State, and local grant-in-aid programs. Its success can be measured by the network of mod- ern and efficient hospitals which have been built throughout the United States. The 5-year extension authorized by H.R. 10041 would allow the program to go forward without interruption toward meeting the needs for hospitals and other health and medical care facilities. Mr. CARLSON. Mr. President, will the Senator from Alabama yield? The PRESIDING OFFICER (Mr. WAL- TERS in the chair). Does the Senator from Alabama yield to the Senator from Kansas? Mr. HILL. I am glad to yield to the Senator from Kansas. Mr. CARLSON. Mr. President, this is one program in which we have had out- standing cooperation between the local community and the Federal Government. I commend the Senator for bringing the bill before the Senate once again. On many occasions in the past, the Senator from Alabama has visited with me re- garding the program. I not only fully support it, but I am also pleased at the fine results which have been obtained, not only in my own State, but also throughout the Nation, in regard to the construction of medical centers. Mr. HILL. The Senator from Kansas not only supported the program, but he also supported it valiantly. He has been of great help. Mr. CARLSON. The State of Kansas was the first State in the Union?and I happened to be Governor of the State at that time?to pass what was known as the first rural health program, under which the construction of rural medical centers was begun. Many projects have been built with the support of the Hill- Burton Act. Tomorrow, at Liberal, Kans., a medical center will be dedicated, the result of co- operation between the local community and the Federal Government. For that reason, I am happy to support the pro- gram. I have one question to ask the Senator: Has there been any change in the bill on the basis of allocation of funds to States? Mr. HILL. Only on the basis of a mod- ernization program. There has been a change in that program. We have taken Into consideration the need to modernize. But so far as the other items of the bill Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17120 CONGRESSIONAL RECORD ? SENATE August r are concerned, they remain the same as they were at the beginning of the pro- gram,. Mr. CARLSON. This is for the con- struction of new hospitals and medical centers? Mr. HILL. The Senator Is correct? the construction of new hospitals, medi- cal cente a, rehabilitation centers, health centers, nursing homes, and facilities for the treatment of chronic diseases. Nurs- ing homes were placed in a separate cat- egory bef are. This bill combines nursing homes and hospitals into one category. I bel:ieve that the Senator will realize why that was done. Mr. CARLSON. This is one program that I erthuslastically support. Also it is one program which I believe has ren- dered outstanding service, not only to my State of Kansas but also to every other State in the Union. Mr. HILL. I thank the distinguished Senator from Kansas for the very fine and devoted support?most effective sup- port?which he has given this program. Mr, STENNIS. Mr. President, will the Senator f rom Alabama yield? Mr. HILL. I yield. Mr. STENNIS. I wish to add a word of appreciation as well as commendation to the Senator from Alabama for the many years of hard, constructive work which he has given to this program. First, he is the author of the bill and has done a great deal of followup work in connection with it, not only in the legislative act, but also in the appro- priation bills, in connection with which he has been very effective indeed. Many Senators have contributed?and so has the House of Representatives?to this marvelous program. But I believe that we ell agree that the Senator has been the chief architect, the generalis- simo in many of the numerous skirmishes which the bill has brought forth. Mr. HILL. I thoroughly agree with the Senator that many persons have contributed to the program. This pro- gram has had no better, more devoted or more effective friend than the distin- guished Senator from Mississippi. Mr. STENNIS. I thank the Senator. The program deserves any support which I can give it. Let me mention One thing about it. My State has been one of the chief benefactors, reaching down to the level of tee people?the peceole at the county level and the small town level who could conribute their part to having a hospital at their doorstep. That is what distinguishes it from any other Program. I remember that when I was a young, district attorney, there was a candidate for Governor in Mississippi, Paul John- son, Sr. This was in 1935. He later be- came Governor during World War II. He was then advocating a State program along the lines which would allow the county and the town to contiebute and the State to carry part of the burden. This program of the Senator from Ala- bama came along arid has filled the gap. As the aenator from Kansas has said, this is a perfect illustration of proper coordination between Federal, State and local governments. It has worked ex- tremely well. /t has been a. fulfillment of the dream of the gentleman who was naming for Governor in our State many years ago, and who later made a Very fine Governor. I thank the Senator from Alabama. Mr. HILL. I believe that the Senator agrees with me that the State can be proud of the way it has administered the health needs of its people. Mr. STENNIS. It has also been of great benefit to the medical profession, ar.d also to the nursing profession, be- cause it has given them an opportunity to express themselves. Mr. HILL. As the Senator knows, for a doctor to carry on his work effective- ly, he must have a hospital, and he must have the equipment which is found there. Mr. STENNIS. Only through this pro- gram will the counties and the small towns be able to continue to have the preper medical attention and equipment which the doctors and nurses need. Mr. HILL. To become a doctor re- quires a long period of time these days, a:nd great expense. He spends 4 years in college doing academic work. He spends another 4 years in medical college.- He then spends anywhere from 4 to 6 or per- haps 8 years as an interne and in resi- dence. After a man has had all that education, withthe expenditure of all the money entailed in his preparation to be a doctor, he finally comes out of his resi- dency. He does not wish to go into a Loral or any other community where he does not have the tools to do his best work. To acquire these tools, he has to have a hospital. Mr. STENNIS, The Senator means that we should merely give him the tool's of his trade? Mr. HILL. That is correct. STENNIS. Does the Senator from Vermont wish to ask a auestion? Mr. AIKEN. No. I asked a question, and the Senator wanted to give testi- mony, by unanimous consent of the Sen- ate'. Mr. STENNIS. I yield to the Senator from Vermont. _ Mr. AIKEN. Having spent the first 14 years of my senatorial life working with the Senator from Alabama [Mr. Sanaa and sometimes working for the Senator from Alabama when he was the chairman of the Committee on Labor and Public Welfare, I believe that the testi- monial which has Just been given him by the Senator from Mississippi is well merited. No one in the country has contributed more to the improved health of the peo- ple of the United States than has the Senator from Alabama [Mr. Hula. I could not say more if I took an hour an a half to say it, Mr. HILL. Mr., President, I thank my friend, the distinguished Senator from Vermont, for his most generous words. He was a member of the Senate Com- mittee on Labor and Public Welfare at the time the Highway Survey and Con- struction Act was drafted. He played a great part in drafting that law, and made many contributions to it. Ever since the law was enacted, he has aided the pro- gram. He has been a stanch supporter and great friend of the program, helping time and again to carry the program forward. He certainly has my deep appreciation. Mr. AIKEN. I thank the Senator. Mr. DOUGLAiii. Mr. President, will the Senator yield? Mr.. 'HILL. I yield. Mr. DOUGLAS. I join my colleagues In paying tribute to the Senator from Alabama. [Mr. Hirai He is one of the most quietly useful Senators who ever served in the Senate. This act is merely one of the many contributions' which he has made. He is named after one of the great saints of medicine, Joseph Lister. The shades of Joseph Lister would be very proud of the part which his godson has played a century later in the work of improving pubnc health and improe- ing the quality of hospital care. The hospitals were at one time char- nel houses. Joseph Lister's discovery of antiseptic surgery transformed hospital and surgical practice and has saved mit- lions of lives. His godson has done more than anyone else in the United States to raise the level of hospital service. , All too often. politicians are abused:. Their demerits are stressed, but their constructive works are overlooked. The Senator from Alabama [Mr. Huai and I have not always agreed on every issue. In my Judgment, he is one of the most useful Members who has ever served in the Senate. I add my few words of tribute so that those who read the RECORD may at least appreciate the high opinion which we an hold of him, and the deep affection which we all have for him. Mr. HILL. Mr. President, I thank the distinguished Senator from Illinois for his most generous words. For several years he served on the Committee on Labor and Public Welfare. It was a source of regret to all mems leers of that committee when the Senator felt that his duties and responsibilities forced him to leave that committee and go to the Committee on Finance. All the time the Senator was on the Committee on Labor and Public Welfare, and in the time since he has' left the committee, the hospital health facility program has had no better friend or stronger supporter than the Senator from Illinois. I am deeply grateful to him. Mr. MORSE. Mr. President, will tha Senator yield? Mr. HILL. I yield. Mr. MORSE. 11 join with Senators AMEN, CARLSON. DOITGLAS,- and others he thanking the Senator from Alabama [Mx. Huai for his years of leadership in connection with medical legislation in the Senate. We all owe him thanks. I have often referred to him in speeches throughout the country as "Mr. Health in the Senate." I appreciate very much what he has done for hospitals in my State and in other States across the country. There is one problem that I shall fleet-, ingly mention today. But I think it ought to be mentiened while the Senate Is considering the bill on hospital con- struction. I am having some material, prepared to present to the Senate and to the Senator. I am a little concerned about the relationship between Federal hospitals and city and State hospitals, in, the matter of construction under the. Hill-Burton Act. There is some evi- Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 peo- 1964 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 CONGRESSIONAL RECORD - SENATE dence that there has not been a suffi- cient Federal check in some places on the expenditure of those funds to make certain that the expenditure is wise. I think of the city of Hartsville, S.C., In which I understand there is consid- erable controversy. It is proposed to spend Hill-Burton funds on a hospital that is so outdated and outworn that even a new wing would not make it a good hospital. They ought to go outside the city limits where there is adequate parking space and better facilities for the building of a new hospital. They could find some other use for the old hospital, such as an old folks' home, or some other such use. The Senator is not aware of these problems. I have not even had time to take them up with the Senator from South Carolina as yet. A leading doc- tor of Hartsville, S.C., laid the case be- fore me recently. If the facts hold up- and I believe they will-I seriously ques- tion whether this is a wise expenditure of Hill-Burton funds. The funds ought to be spent in the building of a new hos- pital outside the city, away from the area where the old hospital is located. Merely taking a look at it would con- vince us that we should not spend more Federal money there. There are bound to be difficulties in any program as expensive as this. As I stated a few moments ago, when I pre- sented the education bill, we know that there are abuses connected with the pro- gram. A mistake here and there does , not really conflict in the great Hill- Burton program, of which the Senator from Alabama [Mr. HILL] is one of the coauthors. Mr. HILL. Mr. President, I express my deep appreciation to the senior Sen- ator from Oregon for his most generous words. The Senator has been one of the best friends of the program. He evi- denced an interest and friendship with the program this morning when he called attention to a situation that had never come to my attention. It is a situation that undoubedly should be checked and looked into. The Senator has evidenced great interest in the program. Mr. JOHNSTON. Mr. President, I ap- preciate the remarks made by the senior Senator from Oregon [Mr. MORSE]. I know about the situation in Hartsville which the Senator has mentioned. We should be very careful in spending additional money on a hospital that is ? located as this hospital is. It would be much more beneficial if facilities could be built outside the city limits. There is plenty of space available for such pur- pose. It would be much better to spend the money in this manner in the long run. I have been identified with the Hill- Burton Act since its beginning, when I first came to the Senate 20 years ago. I was on the committee, along with the Senator from Alabama [Mr. HILL] for several years. I commend him also for the work he has been doing in the years since then in regard to health and hospitals. I coMmend the Senator for the great work that he has done. When I think of hospitals, I always think of the Hill- Burton Act, and I think of the Senator from Alabama, who introduced the bill and was instrumental in helping to se- cure its passage through the Congress. It has done a great deal of good for the sick people in our Nation. We still have plenty of rom for improvement in that field. I want the Senator from Alabama to know that he has my vote, aid, and assistance at any time he seeks to build greater facilities for hospitals. I again commend him for the work that he has done. Mr. HILL. Mr. President, I thank the distinguished Senator from South Caro- lina for his kind and generous words. He spoke of his vote, his aid, and assist- ance. I can wholeheartedly testify to the fact that the Senator has always been present with his vote, his aid, and his assistance in pushing forward these programs, not only for hospitals, health centers, and rehabilitation centers, but also for nursing homes, diagnostic cen- ters, and other programs for the public health and the health care of our people. Mr. SIMPSON. Mr. President, will the Senator yield? Mr. HILL. I yield. Mr. SIMPSON. I join my colleagues and associate myself in the remarks al- ready made with respect to the work of the distinguished Senator from Alabama in the field of health, both physical and mental health. I point out to Senators that in the first session of the 88th Con- gress the distinguished Senator from Alabama was instrumental in chaperon- ing through this body two far-reaching and significant bills on mental health, the results of which are being felt throughout the Nation today. The Sen- ator from Alabama is the medical con- science of the Senate. In fact, he is the custodian of the health of the Nation. Mr. HILL. I thank the Senator from Wyoming. He has been most generous. He has spoken about the bill for mental health and the bill for mental retarda- tion. Those two bills had no better or more effective friend or stronger sup- porter in this body than the distin- guished Senator from Wyoming. I deep- ly appreciate his words. The PRESIDING OFFICER. The bill is open to amendment. Mr. CLARK. Mr. President, from north, south, east, and west, from Re- publicans and Democrats alike, has come this morning high, just, and well-de- served praise for the senior Senator from Alabama. I should like to join in his praise. I think the comments of our colleagues are all the more extraordinary because the Senator from Alabama is still in robust good health, and it is an extraordinary thing to have such praise come to one who, we hope, will live long and flourish and continue his great work in this body. If one were given to fancy, one might say that the praise had come all the way from the halls of Montezuma to the shores of Tripoli, and that it is justly deserved. The bill is a good one, and I shall vote for it. It is not as good a bill as I should like to see, despite the earnest efforts of the Senator from Alabama. I offer an amendment which I send to the desk. I ask unanimous consent that reading 17121 of the amendment be waived and that It may be printed in the RECORD. I be- lieve I can state its contents briefly. The PRESIDING OFFICER. With- out objection, reading of the amendment Is waived and the amendment will be printed in the RECORD. The amendment is as follows: On the first page of the bill, strike out lines 3 and 4 and insert in lieu thereof the following: "TITLE I-HOSPITAL AND MEDICAL PAM:LITERS "SEC. 101. This title may be cited as the 'Hospital and Medical Facilities Amendments of 1964'." On the first page of the bill, line 5, strike out "SEc. 2" and insert "SEc. 102". On page 2, line 15, strike out "SEc. 3" and insert "SEc. 103". On page 2, line 24, strike out "and mod- ernization". On page 3, line 13, strike out "AND". On page 3, line 14, strike out "MODERNIZA- TION". On page 4, beginning with the word "and" on line 8, strike out all through "(a)," on line 10. On page 4, line 11, strike out "$160,000,000" and insert "$140,000,000". On page 4, line 12, strike out "$170,000,000" and insert "$135,000,000". On page 4, line 13, strike out "$180,000,000" and insert "43130,000,000". On page 4, line 16, strike out "(1)". On page 4, lines 20 and 21, strike out "the new hospital portion of". On page 5, beginning with the word "As" on line 2, strike out all through line 22. On page 6, beginning with the word "or" on line 15, strike out all through line 17. On page 9, line 3, strike out all after "State" and insert in lieu thereof the follow- ing: "that a specified portion of any allot- ment of such State under subsection (a) , other than an allotment for grants for the construction of public or other nonprofit re- habilitation facilities, be added to another allotment of such State under such subsec- tion, other than an allotment for grants for the construction of public or other nonprofit hospitals and public health centers,". On page 9, beginning with line 4, strike out all through line 15. 'On page 10, line 1, strike out "paragraph (1) of". Beginning on page 10, line 10, strike out all through line 15, page 11. On page 11, line 16, strike out "(3)" and insert in lieu thereof "(2) ". On page 11, line 17, strike out "or (2)". On page 11, line 23, strike out ", or for modernization of facilities,". On page 12, lines 2 and 3, strike out " or for modernization of a facility in such other State, as the case may be". On page 12, lines 5 and 6, strike out "or modernization". On page 13, line 8, insert "and" after the semicolon. On page 13, strike out lines 9 through 11. On page 13, line 12, strike out "(4)" and insert "(3)". On page 13, line 23, insert "and" after the semicolon. Beginning on page 13, line 24, strike out all through line 2, page 14. On page 14, line 3, strike out "(e)" and insert "(d)". On page 14, line 13, strike out "or modern- ized". On page 14, line 16, strike out "or modern- ized". On page 16, line 19, insert "and" after the semicolon. On page 16, line 24, strike out "and". Beginning on page 16, line 25, strike out all through line 3, page 17. Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17122 CONGRESSIONAL RI COrth - SENATE August 1 On page 17, line 4. strike out "and Modern- ization". On page 17, lines_ 7 and 8, strike out "or modernization". On page 17, line 17, strike out "or modern- ization". On page 18, line 14, strike out "or modern- ization". On page .10-, lines 18 and 19, strike out "OR MODERNIZATION". On page 20, line 18, strike out "or modern- ization". On page. 21, line 18, strike out "(e)" and Insert "d". On page 22, line 1, strike out "or modern- ization". On page 22, between lines 15 and 16, in- sert the billowing new subsection: "(f) No appliestion shall be approved for the same project for which a payment has been :made under title VIII, or for which an application for such a payment is pending." On page 22, line 16, strike out "CM MODERN- IZA TION On page 28, line 8, strike out "or moderni- zation". On page 28, line 11, strike out "on MODMIN- IZATION". On page 28, line 16, strike out "or modern- ization". On page 29, line 6, strike out- "or modern- ization". On page- 29, lines 10 and 11, strike out "or modernization", On page 40, lines 18 and 19, strike out "or modernize tion". On page 40, line 20, strike out "and mod- ernization" and insert in lieu thereof "under project,'. Beginning on page 40, line 21, strike out all througla line2, page 41. On page 41, strike out lines 3 through 8. On pager 41, line 9, strike out "(1)" and insert in 1 eu thereof "(k) ". On page 42, line 18, strike out the semi- colon and insert in lieu thereof a period. Beginning on page 42, line 19, strike out all through line 4, page 43. At the end of the bill, add the following: "TINE II-HOSPITAL MODERNIZATION "Sac. 201. This title may be cited as the "Hospital Modernization Act." "Findings "Sec. 2C2. (a) The grants for hospital con- struction authorized by title VI of the Public Health Service Act have resulted, through the assistance and stimulation given to the States ani localities, in the construction of many greatly needed hospitals throughout the Nation. In accordance with the purpose of that title, federally aided hospital con- struction has in the main been construction of new beds in areas suffering from a total lack or an acute shortage of hospital facili- ties. The geographic distribution of hospital beds is row far better than it was when the Hospital Survey and Construction Ace was enacnd. Because of the rapid growth and char ging distribution patterns of the population, however, there continues to be widespread need for construction of new hospital beds. In recent years, moreover, a further important need has developed in the growing obsolescence of many of the hospitals that were already in existence when the prom am of new construction was orig- inally prejected. Continued progress toward the declared congressional objective, the pro- vision of adequate hos*nital facilities for- the people of the Nation, now requires not only continuing and rapid addition to the number of hospie a beds, but also the modernization, or where necessary the replacement, of many existing t tructures, in order (1) to improve patient care by increasing the adequacy of services, safety, and efficiency; (2) to keep the Naticn's hospital plant functional in re- lation to evolving medical practice; and (3) to adapt the facilities to new hospital and related medical Uses. 'e(b) There is throughout the country a grave shentage DI nUraIng homes of high quality, a shortage which becomes ever more serious with the growth in the number of aged persons. Through grants for the con- struction of public and' other nonprofit nursing homes, Congrees has taken steps to increase the munbee at nursing home bads. But many of the older institutions are in. serious need of modernisation or replace- ment. e(c) The public and nenpmfit institu- tions which are in need Of modernization or replacement are generally unable to raise locally the substantial sums required other- wise than by borrowing, and though able to glee adequate assurance of repayment, ninny are inawilling to borrow the necessary funds at commercial innerest rates because of the substantial additional cost which would be imposed on their patients. e(d) With respect tea new construction of blic and other nonprefit health facilities, it is the- policy of the Congress to provide the needed assistance in the form of capital genets. With respect to modernization or replacement of obsolete facilities, on the other hand, the ,sstablitthed sources of in- come of the institutions make practicable and desirable a Federal program of grant and Ioan payments. Under such a program any payment may consist of a grant amounting to not more than half the cost of such modernization or replacement project, and/ or a loan without a grant or to supplement a grant as long as the Federal share does not exceed 80 per cent-turn of -the cost of the proj- ect. The establishment of such a combina- tion grant and loan pro gam, as a corollary to the program of grants for new construc- tion. is now essential to -the orderly and bal- er ced development of the Nation's health facilities. "Amendment adding tit'e VII to the Public Health Sen ice Act "Sec. 203. The Public Health Service Act (42 U.S.C. ch. 6A) is hereby amended by adding, immediately after title VII thereof, the following new title: " 'TITLE VIII-GRANTS AND LOANS FOR MODERN- IZATION OR REPIACERIEFT OF 'NOSPITALS AND NURSING HOME'S "'Declaration ,f purpose "SEC. 801. The purpose of this title is to assist, through payrnenes which consist of grants and/or loans in the modernization or replacement of public and other nonprofit hospitals and nursing homes which are necessary to the provision of adequate hos- pital and nursing home services to the peo- ple, but which are strurturally or function- ally obsolete. " Dejinieions "'Sm. 802. As used in this title- "'(a) The term 'hos:liter includes gen- eral, mental, chronic disease, and other types of hospitals and related facilities. such RE laboratories, outpe tient departments, lenses' homes and training facilities, and central service facilities operated in con- nection with hospitals but does not in- clude any hospital furnishing primarily domiciliary care; "'(b) The term "nursing home" means a facility for the accommodation of con- valescents or other persons who are not mutely ill and not in need of hospital care, bet who require skilled nursing care and related medical services- - " '(1) which it; operated in connection ,nith a hospital; or (2) in which such nursing care and medical services are prescribed by, or are performed under the general. direction of, persons licensed to practke medicine or surgery in the State; "'(C) The term "public" means owned and operated by a politicel subdivision of a State or by an instrumentality of such a political subdivision, or by a State univer- sity or medical school, or by a State (in the case of general hospitals only); " '(d) The term "nonprofit" means owned and operated by one or more nonprofit cor- porations or associations, no part of the net earnings of which inures, or may lawfully Inure, to the bene at of any private share- holder or individual; "'(e) The term "modernization" means major repair (to the extent permitted in regulations), renovation, or remodeling of an existing structure, and includes equipment incident thereto, but does not include any expansion of the structure which. increases bed capacity by more than 5 per centum; "'(Z) The term "replacement" means con- struction (as defined in section 625(1) ) of a facility designed primarily as determined pursuant to regulations prescribed under sec- tion 806(4), to serve the same needs as a facility or facilities which have been or will be closed, and does not include any con- struction to provide bed capacity of more than 105 per centuin of the capacity of such closed facility or facilities; '"(g) The term "State" includes Puerto Rico, Guam, the Virgin Islands, and the District of Columbia; "(ii) The term "State agency" means the agency designated in accordance with sec- tion 604(a) (1); -(1) The terms "cost of construction" and "title" shall have the meanings, respec- tively, prescribed in. section 625 (jy and (k)i and -(j) The term "Federal Hospital Coun- cil" means the Council appointed under see- lion 621 (a). "'Authorization of payments "'Sec. 809. The Surgeon General is au- thorized to make grant and/or loan pay- ments for the modernization or replacement of public and other nonprofit hospitals or nursing homes which he finds are necessary for the provision of adequate hospital or nursing home services to the people of the respective States, but which are structurally or functionally obsolete (as determined i.n accordance with the regulations). As re- quested in the application and se determined by the Surgeon General to be necessary no carry out the purpose of this Act, any such payment may include or consist exclusively of a grant from fueds appropriated pursuant to section 804 in ell amount not to exceed 50 per centum of the cost of construction ter such modernization or replacement, and may include or consist exclusively of a loan from funds obtained under section 805, amount- ing to part of such cost or part of the re- maining portion of such cost, but in no event shall a payment consisting exclusively of a loan, or including a grant and a loan, exceed in amount 80 per centum of' such cost. " 'Authorization of grant funds "'Sze. 804. Thera is authorized to be ap- propriated for making grants under the pro- visions of this title the sum of $100,000,000 for the fiscal year beginning Jilly 1, 1964, and the same sum for each of the three fiscal years thereafter. "'Authorization of loan funds "'Sac. 805. (a) In order 1,0 obtain funds for loans under this title, the Surgeon Gen- eral may, on or after July I, 1964, from time to time issue notes, and obligations for mir- chase by the Secretary of the Treasury. The maximum aggregate principal amount of such notes and obligations outstanding at any one time shall not exceed the sum of $100,000,000. "'(b) Notes or other obligations issued by the Surgeon General under this section shall be in such forms and denominations, have such maturities, and be subject to such terms and conditions as may be prescribed by the Surgeon General, with the approval of the Secretary of the Treasury, and shall bear Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For ReftedigERALCMIBBOORM800130032-9 1964 interest at a rate determined by the Secre- tary of the Treasury which shall be not less than the average annual interest rate on all Interest-bearing obligations of the United States then forming a part of the public debt as computed at the end of the fiscal year next preceding the issuance by the Surgeon General and adjusted to the nearest one- eighth of 1 per centum. The Secretary of the Treasury is authorized and directed to purchase any notes and other obligations of the Surgeon General issued under this sec- tion and for such purpose is authorized to use as a public-debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act as amended, and the purposes for which securities may be issued under such Act, as amended, are ex- tended to include any purchases of such notes and other obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this section. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations Shall be treated as public-debt transactions of the United States. "'(c) There are hereby authorized to be appropriated to the Surgeon General such sums as may be necessary, together with loan principal and interest payments made under this title, for payments on notes or other ob- ligations issued by the Surgeon General un- der this section. Such principal and interest payments, if not necessary for such payments on notes or other obligations, shall be avail- able for loans under this title. "'General regulations "'Sec. 806. The Surgeon General, after consultation with the Federal Hospital Council and with the approval of the Secre- tary, shall by regulation prescribe? "'(1) the method of allotting among the States grant and loan funds made available under this title for each fiscal year, on the basis of the population of the respective States, as determined on the basis of the latest figures certified by the Department of Commerce, and other factors which the Sur- geon General finds pertinent in such manner as to reflect so far as possible the relative need of the States for such funds for mod- ernization and replacement of public and other nonprofit hospitals and nursing homes; "'(2) subject to the provisions of this title, the terms and conditions applicable to any funds loaned hereunder; " '(3) the general manner in which the State agency shall determine the. priority of projects based on the relative degree of ob- solescence of the various hospitals and nurs- ing honfis within the State which are in need of modernization or replacement, and the relative parts which such hospitals and nursing homes play in the provision of serv- ices to the people of the State and such other factors as the Surgeon General may by regu- lation prescribe; "'(4) criteria for determining whether a facility proposed to be constructed is de- signed primarily to serve the same needs as a facility or facilities which have been or will be closed, taking into account the population to be served and the general character of the services to be provided; " '(5) supplementation for application to replacement projects, and revision for appli- cation to modernization projects, of the reg- ulations relating to standards for construc- tion and equipment issued under section 603 (b) , and of the regulations supplementary thereto issued under section 653(a) as in effect prior to the enactment of this Act with respect to nursing homes; and "'(6) supplementation and modification, for application to projects under this title, of (A) the regulations relating to nondis- crimination and to services to persons un- able to pay therefor issued under section 603(d), (B) the regulations relating to No. 148-6 methods of administration issued under part A of title VI, and (C) the regulations sup- plementary thereto issued under section 653(a) as in effect prior to the enactment of this Act with respect to nursing homes. "'State plans "'Sac. 807. (a) Any State desiring to take advantage of this title may submit, as a revision of or supplement to its hospital con- struction plan approved under section 604 (or such plan as extended to the construc- tion of nursing homes under section 653 as in effect prior to the enactment of this Act), a plan for the modernization and re- placement of hospitals, or of hospitals and nursing homes, which meet the conditions stated in section 801. Such plan must? "'(1) meet the requirements of section 604(a) other than paragraphs (5), (6), and (12) thereof (relating to the State hospital construction program, priorities of construc- tion, and periodic review and modification of the construction program); and if the plan includes nursing homes, meet the re- quirements of section 653(a) (2) (relating to the conformity of the State nursing home construction program with regulations of the Surgeon General) as in effect prior to the enactment of this Act; "'(2) set forth a program of moderniza- tion and replacement of hospitals, or of hospitals and nursing homes, which (A) is based on a statewide survey of need and takes into consideration any areawide pro- gram developed in an area within (or part- ly within) the State and approved by the State agency, and (B) meets the require- ments as to lack of discrimination on ac- count of race, creed, or color, and for fur- nishing needed hospital services to persons unable to pay therefor, prescribed by regu- lations issued under section 603(d) as sup- plemented and modified for the purposes of this title as provided In section 806(6) above; " ' (3) set forth, with respect to hospitals or with respect to hospitals and nursing homes, the relative need determined in ac- cordance with regulations issued under sec- tion 806(3) , for the several projects included in such program, and provided for carry- ing them out, insofar as the financial re- sources available therefor make possible, in the order of such relative need; and "'(4) provide that the State agency will from time to time, and in any event when- ever an areawide program referred to in clause (2) has been developed and approved by the State agency, review its program and submit to the Surgeon General any modifica- tions thereof which it considers necessary. " `(b) The Surgeon General shall approve any State plan and any modification thereof which complies with the provisions of sub- section (a). "'Allotments to States of grant and loan. funds " 808. Each State shall ? be entitled for each fiscal year for which funds are au- thorized under this title to an allotment, determined in accordance with regulations issued under section 806(1), from the amounts made available for that fiscal year pursuant to section 804 and section 805. The Surgeon General shall notify each State agency, as promptly as possible after funds for a fiscal year are made available under each such section, of the amount of the State's allotment of the funds provided pur- suant to such section, but no payment shall be made out of the allotment of a State until a State plan under section 807(a) has been submitted by such State and approved by the Surgeon General. Sums allotted to a State under this title for a fiscal year and remaining unobligated at the end of such year shall remain available to such State for the same purposes for the next fiscal year (and for such year only), in addition 17123 to the slims allotted for such State for such next fiscal year. "Applications for and approval of payments "'Sec. 809. (a) An application for a pay- ment under this title shall be submitted, by a public or other nonprofit agency, to the Surgeon General through the State agency. If two or more public or other non- profit agencies join in the project, the appli- cation may be filed by one or more of such agencies. "'(b) The application shall set forth (1) a description of the project, including a description of the site of the project; (2) plans and specifications for the project which are in accord with regulations as revised and supplemented under section 806(5); (3) reasonable assurance that title to the site of the project, and to any structure thereon, is or will be vested in one or more of the agencies filing the application, or in a public or other nonprofit agency which is to operate the hospital or nursing home; (4) the amount, if any, requested as a loan under the provisions of this title; (5) reasonable assurance that any financial support needed, in addition to that furnished under the pro- visions of this title, will be available for carrying out the project, and that adequate financial support will be available for main- tenance and operation when completed, and for payment of interest and repayment of principal of any funds loaned, in accordance with the terms of the loan; (6) reasonable assurance that the operation will be in com- pliance with applicable State standards for operation and maintenance, and with regu- lations as supplemented and modified under section 806(6) relating to nondiscrimination and to services to persons unable to pay; (7) the estimated cost of the project; (8) assurance that no grant has been made for the same project under title VI, and that no application for such grant is pending; (9) if the project is one for replacement, satisfactory evidence, in accordance with regulations issued under section 806(4), that the facility to be constructed is designed primarily to serve the same needs as a facility or facilities which have been or will be closed; and (10) adequate assurance that all laborers and mechanics employed by con- tractors or subcontractors in the perform- ance of work on construction assisted by such payment will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a-276a-5), and will receive compensa- tion at a rate not less than one and one-half times the basic rate of pay for all hours worked in any workweek in excess of eight hours in any workday or forty hours in the workweek, as the case may be. The Secre- tary of Labor shall have, with respect to the labor standards specified In paragraph (10) of this subsection, the authority and func- tions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267), and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). "'(c) Each such application shall be ac- companied by (1) a recommendation by the State agency of approval of the project, based on findings that the project meets the re- quirements of subsection (b) and that the estimated cost of construction is reasonable; and (2) a certification by the State agency that the application is in accordance with the State plan approved under section 807 (b), that funds for the project are available from the State's allotments under this title, and that the project Is entitled to priority over other projects within the State in ac- cordance with regulations issued under sec- tion 806(3). " '(d) The Surgeon General shall approve such application if sufficient funds to pay the Federal share of the cost of the project Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17124 CONGRESSIONAL are atelier' tie from the allotment to the State, and if the Surgeon General (A) finds that the applination contains reasonable assur- ance as to title, financial support, and pay- ment of prevailing rates of wages; (B) finds that the application is in conformity with the State plan approved under section 807 of this title and contains an assurance that in the op nation of the hospital or nursing home then will be compliance with the ap- plicable rkiquirements of the State plan and of the rerulations prescribed under section 806(6) of this title; and (C) concurs in the findings aid certification by the State agency under sunsection (c). No application shall be disapm oved because of disagreement with the findings or certification of the State agency until the Surgeon General has af- forded the State agency an opportunity for a hearing, " '(e) Amendment of any approved appli- cation sh all be subject to approval in the same manner as an original application. '"Payments "'Sac. 110. (a) Whenever an application has been ,pproved under section 809(d), the Surgeon (neneral is authorized to make a payment to the applicant in accordance with the provisions of this title. Any loan or por- tion of each payment which is a loan shall (1) bear interest at a rate not less than the rate arriv xl at by adding one-quarter of 1 per centuna per annum to the rate which the Secretary of the Treasury determines to be equal to the average annual interest rate on all interest-bearing obligations of the United States then forming a part of the public dart as computed_ at the end of the fiscal year .next preceding the date the ap- plication for the loan is approved and by adjusting the result so obtained tci the near- est one-eighth of 1 per centum, and (2) sub- ject to the provisions of regulations issued under section 806(2), shall be secured in such manner (if any) and repaid in such installments and within such period, not exceeding forty years, as the Surgeon Gen- eral may determine. Subject to the provi- sions of tnis subsection and of such regula- tions, the amount or terms of a loan may be modified upon approval of an amendment of an application. " `(b) A grant or portion of a payment which is a grant under this title atiall be made to the applicant in installments, each of which hall be paid upon certification by the State agency, based upon inspection by It, that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specificatiens, and that an installment is due. A lean_ or portion of a payment which is a loan under this title shall be made to the nppli rant in such installments or in lump sun, and in advance or otherwise as the Surge m General may prescribe by regu- lations. ";t the Surgeon General, atter in- vestigatio or otherwise, has ground to be- lieve that a default has occurred requiring action pursuant to section 811(a) he may, upon giviag notice of hearing pursuant to such subsection, withhold further advances pending action based on such hearing. (c) If, at any time before any loan or loan portion of a payment for a project has been repaid in fun, any of the events speci- fied in clause (A) or clause (B) of section 625(e) shall occur with respect to such proj- ect, the unpaid balance of the loan shall be- come immediately due and payable by the applicant, and any transferee of the facility shall be liable to the United States for such repaymen: to the same extent as the bor- rower. The provisions of section 609, relat- ing to recovery of expenditures under certain conditions., shall apply in the case of any grant payment made under this title. " 'Withholding of funds " 'Sac. all. (a) Whenever the Surgeon General, titer reasonable notice and op.. RECORD ? SENATE August t pc rtunity for hearing to the State agency designated in accordance with section 604. finds (1) that the State agency is not com- plying substantially with the provisions re- qvired by section 807(a) to be contained in no, plan, or (2) that any funds have been diverted from the purposes for which they Were advanced, or (3) that any assurance given In an application filed under section 809 Is not being or cannot be carried out, or (4) that there is a substantial failure to carry out plans and specifications approved be the Surgeon General under section 809, or (5) that adequate State funds are not being provided annually for the direct ad- nenistration of the State plan, the Surgeon General may withhold Anther advances from all projects in the State, or from any project or projects affected by the default as he may determine to be appropriate un- der the circumstances, until the default has been corrected; and if it is not corrected he shall reduce, by the proper amount, the Federal share of the cost of the project af- fected by the withholding. " '(b) The provisions of section 608, relat- ilia to judicial review of action by the Sur- geon General under section 607, shall be ap- plicable to action by him under subsection (a) of this section. "'Administration; general provisions 'Sao. 812. (a) In administering this title the Surgeon General shell consult with the Federal Hospital Colman He is authorized to make such administrative regulations and perform such other functions as he finds necessary to carry out the provisions of this title. Any such regulations shall be subject to the approval of the Secretary. " '(b) In the performance of, and, with re- spect to, the functions, powers, and duties vested in, him by' this title, the Surgeon Gen- anti notwithstanding the provisions of any other law, shall maintain an integral set of accounts which shall be audited annually by the General Accounting Office in accord- ance with the principles and procedures ap- plicable to commercial transactions as pro- vided by the Govenarner t Corporation Con- trol Act, as amended, and no other audit shall be required: Promded, That such fi- nancial transactions of the Surgeon General as the making of loam and vouchers ap- proved by the Surgeon General in connec- tion with such financia,i transactions shall be final and conclusive upon all officers of the Government. (c) In the performance of, and with re- spect to, the functions, powers, and duties Vested in him by this title, the Surgeon Gen- eral notwithstanding ties provisions of any other law,may? " '( 1) sue and be sued; "'(2) foreclose on any property or com- mence any action to protect or enforce any right conferred upon him by any law, con- tract, or other agreement, and bid for and ptrchase at any foreclosure or any other sate any property in connection with which he has made a payment pursuant to this tile, and in the event of any such acquisi- tion, the Surgeon General may, notwith- standing any other provision of law relating to the acquisition, handling, or disposal of real property by the United- States, complete, administer, remodel and convert, dispose of, lease and otherwise deal With, such property: Provided, That any such acquisition of real property shall not deprive any State or po- litical subdivision thereof of its., civil or crim- inal jurisdiction in and over such property or impair the civil rights, under the State or local laws of the inhabitants on such prop- erty; '(3) enter into agreements to pay an- nual sums in lieu of taxes to any State or local taxing authority vrith respect to any real property so acquired or owned; '(4) sell or exchange at public or private sate, or lease, real or personal property, and sell or exchange any securities or obligations, upon such terms as he may fix; "'(5) obtain insurance against loss in. con- nection with property and other assets held; " '(6) subject to the specific limitations in this title, consent to the modification, with respect to the time of payment of any Installment of principal or interest, security, or any other term of any loan under this title, of any contrapt or agreement to which he Is a party or which has been transferred to him pursuant to this title; and " '(7) include in any contract or instru- ment made pursuant to this title such other covenants, conditions, or provisions as he may deem necessary to assure that the pur- poses of this title will be achieved. " '(d) Section 3709 of the Revised Statutes shall not apply to any contract for services or supplies on account of any property acquired pursuant to this title if the amount of such contract does not exceed $1,000. " In administering this title, the Surgeon General, with the approval of the Secretary, is authorized to utilize the services and facilities of any executive department or agency in accordance with an agreement with the head thereof. Payment for such services and facilities shall be made In advance or by way of reimbursement, as may be agreed upon between the Secretary and the head of the department or agency furnishing them. " '(f) Except as otherwise specifically pro- vided, nothing in this title shall be con- strued as conferring on any Federal officer or employee the right to exercise any super- vision or control over the administration, personnel, maintenance, or operation of any hospital or nursino home with respect to which any funds have been or may be ern pended under this title. "Assistance in area planning " 'SEc. 813. (a) Irk order to carry out more effectively his duties under the Public Health Service Act, the Surgeon General may make grants-in-aid on such terms and condi- tions and in such installments, and in ad- vance or otherwise as he may determine, to States, political subdivisions, universities, hospitals, and other public and private non- profit institutions or organizations, to anoint 'redeveloping and publicizing comprehensive regional, metropolitan, or local area plans for coordination of hospitals, nursing homes, and other health facilities, provided that such grants may be made only for the de- velopment of plans specifically certified to be needed by a State agency or agencies. " (ti) There is authorized to be appropri- ated for the purpose of this section the min of $5,000,000 for the fiscal year beginning July 1, 1983, and the same sum for each of the three fiscal years thereafter.' "Technical amendments "Sac. 204. (a) Section 1 of the Public Health Service Act nr amended, to read: " 'Sze. 1. Titles I to VIII, inclusive, of this Act may be cited as the "Public Health Serv- ice Act:" "(b), The Act of July 1, 1944 (58 Stat. 682), as amended, is further amended by rennin- bering title VIII (as in effect prior to the enactment of this Act) as title IX, and by renumbering sections 801 through 814 (as in elect prior to the enactment of this Act), and references thereto, as sections 991 through 914." Mr. CLARK. I feel compelled to reg- ister my opinion, however, that this bill does not meet the increasingly critical need for modernization in the Nations older hospitals. And I hope that nest year, the administration will recommend to Congress legislation which will do for the modernization of older hospitals what the eminently successful Hill-Burton Act has done for the construction of new hospitals. Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 1964 Approved For Release 2002/01/23 : CIA-RDP75B00380R000800130032-9 CONGRESSIONAL RECORD ? SENATE 17125 While the number of new hospital beds has been steadily increasing thanks to the Hill-Burton program, obsolescence in many of our older hospital facilities has become chronic. This has occurred ? largely in our urban areas where most of the great hospital centers are 35 to 65 years old, or even older, as in my own home city of Philadelphia, which I be- lieve my friend from Alabama will agree is a very fine medical center, with fine medical schools and some very splendid hospitals. There are, of course, a good many rural areas where this has been a problem, too. As a result of our failure to keep pace with obsolescence, the need to modernize our hospitals now bears a staggering price tag and an impelling urgency. A survey by the Public Health Service in 1960 estimated modernization needs at $3.6 billion. In the 4 years since then, there is every reason to believe that the situation has further deteriorated. With this growing problem in mind, I last year introduced legislation on behalf of Senators Engle, Hart, Long of Mis- souri, Pell, Randolph, and Williams, of New Jersey, which is a corollary to the Hill-Burton ,program and provides for a Federal grant and loan program that would help the hospitals, nonprofit nurs- ing homes, and other public and non- profit institutions of the country mod- ernize in order to keep their plants func- tional in relation to evolving medical practices and improved patient care by increasing the adequacy of services, safety, and efficiency. Under my bill, a qualifying institution may receive a Federal grant of up to 50 percent of the coct of a modernization or replacement project and/or a loan at going interest rates on Federal interest- bearing obligations so long as the total Federal contribution does not total more than 80 percent of the cost of the project. The bill allows a total of $400 million in grants and a ceiling of $100 million in loans over the 4 years of the bill's life. The administration originally proposed a somewhat smaller program in its re- commended amendments to the Hill- Burton Act. The administration pro- posal would have, over a 5-year period, provided $340 million in grants for mod- ernization. This figure I view as mini- mal. Most unfortunately the House In- terstate and Foreign Commerce Com- mittee in the pending bill which we are about to pass, has reduced this program drastically in HR. 10041, which the Sen- ate Committee on Labor and Public Wel- fare has reported to the Senate. The total appropriations earmarked for mod- ernization are but $160 million for 5 years. There are no modernization ap- propriations authorized at all during the first year of the program. And, in addi- tion, nearly half of the funds earmarked for modernization can, at State option? and let us recall that despite the reap- portionment decision of the Supreme Court of the United States, the State leg- islatures presently represent an overbal- anced rural interest which delights in taking it out on the great metropolitan areas?be diverted into new construction. As a result, the amounts that the bill in its present form guarantees for use in bringing our medical facilities up to date are as follows: fiscal 1965, nothing; 1966, $10 million; 1967, $20 million; 1968 and 1969, $30 million. These are but token amounts, and I believe most ill advised in relation to the demonstrated need. The Department of Health, Education, and Welfare Said, in its letter supporting the original administration proposal: The new modernization program represents the highest priority item included in this draft bill. The response of Congress to the health needs of great masses of our people must be more than token on this score. It is true that the bill as written is, in theory, flexible, in that funds allocated for construction can, at the option of the States, be diverted to modernization. We cannot, however, have any assurance that significant funds will be so diverted, for the reasons I stated a moment ago about the rural control of State legisla- tures in most parts of the country. It should be remembered that the old law permitted the use of construction funds for modernization; despite this, we have built up this $3 to $4 billion back- log in modernization needs. Unless the modernization needs of our older hospitals are faced in the very near future, we will soon face a problem of monumental proportions. We need more than a token program, and that is all we are getting by the bill. For this reason, I fervently hope the administration will send up a bill next year adequate to the task, and that my good friend, the Senator from Alabama, the chairman of the Subcommittee on Health, and the author of the Hill- Burton Act, and the chairman of the full Committee on Labor and Public Welfare, will turn his broad mind to the needs of greater modernization in the great cities of our country. Mr. President, I ask unanimous con- sent that there may be printed at this point in the RECORD a short statement dealing in a little greater detail with what the proposed amendment does. There being no objection, the state- ment was ordered to be printed in the RECORD, as follows: STATEMENT BY SENATOR CLARE The amendment that I am proposing would do two things: (a) It would strike out the provisions for modernization where they now occur in H.R. 10041, that is, in the revision of title VI of the Public Health Service Act. (b) It would add a new title, title VIII, focusing exclusively on modernization, with greatly increased funds guaranteed for this usage and with State allocation based on the need for modernization. This proposed new title consists of the substance of S. 894, introduced earlier in this session on behalf of Senators Engle, Hart, Long of Missouri, Pell, Randolph, Williams of New Jersey, and myself. The essence of this amendment is to add a combination grant and loan program ear- marked specifically for the modernization of hospitals and nursing homes. The grant program calla for annual authorizations of $100 million, totaling $400 million for the 4-year life of the program. The loan pro- gram calls for a total loan fund of $100 mil- lion. Both programs would go into effect this fiscal year. A qualifying institution may receive a grant of up to 50 percent of the cost of a project and/or a loan, so long as the total Federal contribution does not exceed 80 percent of the cost of the project. The allotment to the respective States would be on the basis of population and the need for modernization; per capita income would not be a factor, as it is in the present bill. Finally, the title VI revisions of H.R. 10041 would be changed by a reduction in the fig- ures authorized for combined construction and modernization, by subtracting out the present modernization allocation. The table following summarizes the changes in title VI. Fiscal year Combined con- struction and modernization funds in HR. 10041 Proposed funds for construction only, in H.R. 10041 per Clark amendment 1965 1966 1967 1968 1969 Total $150, 000, 000 $150,000, 000 160, 000, 000 140, 000, 000 170, 000,000 135, 000,000 180, 000, 000 130, 000, 000 180, 000, 000 125, 000,000 840, 000,000 680, 000,000 Mr. CLARK. Mr. President, I ask unanimous consent that a statement which I have had prepared showing a number of examples of the needs of some of our great urban centers for modern- ization of public hospitals, which came from a survey by mayors and city health officers just conducted by the U.S. Con- ference of Mayors and the American Municipal Association, may be printed at this point in my remarks. There being no objection, the state- ment was ordered to be printed in the RECORD, as follows: The following are examples of the needs of some of our great urban centers for the modernization of their public hospitals. The data comes from a survey of mayors and city health officers just conducted by the U.S. Conference of Mayors and the Ameri- can Municipal Association. These represent needs which the officials of these cities feel must be met within the next 5, or at most, 10 years. Philadelphia: Within the city itself, 5,930 beds need modernization at a cost for beds and other facilities of $189 million. Philadel- phia General Hospital alone will require $30 to $35 million to bring up to standard 1,000 beds. In the surrounding counties, an additional $60 million should be invested, to renovate 1,835 beds. San Francisco: The chief administrator of San Francisco reports that 70 to 80 per- cent of the beds in the San Francisco area are obsolete and should be replaced. For the modernization of the publicly supported hospitals alone, $3,850,000 will be needed, in addition to the complete replacement of the major public hospital facilities, at a cost of $23,300,000. Detroit: Detroit and Wayne County officials report that during the next 5 years they could wisely spend $15 million an modernization. Of 62 buildings of government-operated hos- pital facilities, 46 are in need of moderniza- tion. Atlanta: Atlanta needs funds estimated at $18 million for the modernization of 900 beds. Toledo: The mayor of Toledo estimates a need of $16 to $18 million now for moderni- zation, plus an additional $20 to $24 million for expansion and modernization over the next 10 years. Savannah: The mayor estimates that over 60 percent of the beds in metropolitan Sa- vannah are inadequate. Portland, Maine: This city will need at least $1 million for modernization during Approved For Release 2002/01/23 : CIA-RDP75B00380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17126 CONGRESSIONAL RECORD ? SENATE August 1 the next 5 years for its municipal facility alone. Portland, Oreg.: A minimum of $350.000 is needed. Spring deld, Two of its hospitals alone will require $8 million over the next few years. New 'York City: For municipal hospitals alone, more than $125 million is needed, involving some 5,500 beds. Denver: During the next 5 years, Denver General Hospital would hope to expend $9 million "or modernization. Cincinnati: An estimated $3 million will be needed for modernization of the Cincin- nati General Hospital alone. Dade Cotuity, Fla. (Miami) : For public hospital modernization alone, $81/2 million will be r eeded. Many other cities, from every section of this country, have expressed a need for massive amounts of Federal assistance in moderntling their hospitals. The public officials of these many, diverse municipali- ties have urged the approval of a Federal mod ernimition program of at least $100 mil- lion a ye sr. Mr. CLARK. Mr. President, it occurs to me to mention again, in conclusion, that we are seeing again one of the sad lessons of the long, drawn-out filibuster on the civil rights bill. Here is a prob- lem involving modernization which, in my opinion, should have been considered in depth in committee. The amendment which I have proposed should have been fully debated on the floor. I have the perhaps unduly optimis- tic hope that if that had been done, with the help of the Senator from New Jersey Wiememsl, whom I see in the, Chamber, the Senator from Illinois [Mr. DOUGLAS], the Senator from Oregon [Mr. Memel and a number of Senators on the other side of the aisle, we would have: been able to amend the bill and provide, adequate funds for hospital moderniza- tion. We do not dare do it now because: we hare a shotgun at our heads from the Hcuse of Representatives, and we face the fact that the Congress will shortly adjourn. We must take the House oill or else. If we do not take it, or if the Senate adds an amendment providing for modernization, we will find ourselves not able to go to conference because of the House Rules Committee. If we get to conference, there will be a stalemate, and no bill will be enacted. This is a lesson we have been learn- ing. !tramps we have not been learn- ing it. This is a lesson for all to read ever siace the civil rights bill was voted upon. We legislate in haste and repent in leisure. The record of Congress, good as it is turning out to be, is far more inadequate than it could have been and should have been if we had had the time to consider these Measures. Since consideration of the civil rights bill, to refer to the Senate as the greatest deliberative body in the world is only to evoke laughter, in my opinion, because we rush bills through committee, without adequate committee and fieor consideration. The result is that, while the legislative record is bet- ter than none, we are not doing the job we were called upon to do. In other words, we are hamstrung by our own rules of proeedure; we are hamstrung by the filibuster, we are hamstrung by the House, In conclusion, let me say that it is as difficult to vote against the Hill- Burton Act and against this bill as it is to be in favor of sin. Before yielding the floor, I assure my friend the majority leader and the Sena- tor in charge of the fall that I shall with- draw my amendment I should like to ask my friend from Alabama one question, if he is willing to reply. Has my more or less eloquent plea in support of greater consideration for modernization of hospital needs of our great urban centers made somewhat of a "dent" on my friend from Alabama so that, come the early days of January 7.965, we can look forward to perhaps a little more favorable consideration of ihe needs than the Senator from Ala- bama was able to give them this year? Mr. HILL. The Senator from Alabama will be delighted to consider any further proposals with reference to moderniza- tion. The Senator from Alabama wishes to do anything he can to meet the needs of modernization. I want to say to the Senator from Philadelphia-- Mr. CLARK. Pennsylvania. Mr. HILL. Pennsylvania. I am sorry. The reason I said "Philadelphia" was ehat under this bill $530 million can be transferred to modernization, in addle eion to the $160 million specifically ear- marked for modernization. In other words, it is possible. under the bill, to have $690 million for modernization. I take it the Senaeor feels that in his State of Pennsylvania, his State health agency, which makes the determination as to the distribution of these funds, will not go very far so far as transferring of funds for modernization is concerned. But under the bill it is clearly possible to have some $690 million for moderniza- tion. Although this bill is not altogether what I would have it, it is no small meas- ure. It authorizes, over a 5-year period, appropriations of $1,362,500,000. So it goes a pretty long way in the field of hos- pitals and other health facilities. I was in New York about 2 weeks ago. I saw the tremendous wealth there, and therefore the possibility of perhaps doing more than they have done in the field of modernization. This is true of most of the large cities. I would like to see the Federal Government do more, but I want to emphasize that the bill takes a good step forward, with $690 million made available for modernization, and with an overall authorization of $1,326,500. Mr. CLARK. I thank my friend for his candid reply. I should like to reiterate what I said earlier?that the total amount guaranteed for modernization in this bill over a 5-year period is $90 mil- lion. The administration would have made available, over a 5-year period, $340 million. In my opinion, that amount is entirely inadequate. So I think it is going to be a good, long, dry year before there is provided for modern- ization one-tenth of what is needed. It is true that a greater amount is possible for modernization if money is taken away from construction for new hospitals, which every State wants to see built. Mr. HILL. Under the bill, a State agency has to make the decision on the needs. I am not here to draw an incliDt- ment against the State agencies. They have been doing a good job. I would congratulate them on the job. Where they feel there is a greater need :for mod- ernization than for new construct' en, they can render a decision for modern- ization. Mr, CLARK. The Senator from Ala- bama has long been a sincere advocate of States rights. I have raised an eye- brow at the sanctity of that particular doctrine, having been mayor of the great city of Philadelphia for 4 years, and h ty- ing had to deal with an adverse legisla- ture and Governor. Knowing the situa- tion in Pennsylvania, which I know is true of many parts of the United Stares, if we wanted to get something for Pitts- burgh or Philadelphia out of the legis- lature at Harrisburg, we would sweat blood. Again, I thank the Senator for his c )n- sideration. I am confident he will give consideration to this matter with an open mind. I hope the administration, or someone in the administration, Will read the CONGRESSIONAL RECORD, and t tat when the administration comes forward with its program next year?and I re- fer particularly to the Department of Health, Education, and Welfare, as well as the White House?it will pay some at- tention to the requirements of the cities of America. Mr. President, I withdraw my amend- ment. The PRESIDING OFFICER. the amendment is withdrawn. Mr. JAVITS. Mr. President, the Na- tional Defense Education Act is one of the most successful examples of Federal- State cooperation in meeting the Nation's urgent needs. I have supported this Pro- gram and I have urged that it be ex- tended and expanded to meet the needs created by our growing population. The extension of the National Defense Education Act for 3 years gives a Very necessary measure of stability to this vital program. There has been an in- creasing recognition throughout the country that substantial assistance Must be given to bolater the higher educa tion system and its capability in the y ears ahead to train and develop the talent essential to free world leadership. In this bill the student loan Program has been substantially increased in total amount and its scope broadened. This will make it possible for additional thou- sands of students to continue and com- plete their college education. Ace rat- once of my proposal to extend eligibility for loans to some part-time students cow makes it possible to assist many a youth who is working his way through college. I welcome the broadening of title III by the addition of English and other new subjects which are vital for our Na lion including an emphasis on the study of international affairs to the importance of which I had called attention in ccm- mittee discussions. Extending the National Defense Edu- cation Act gives assurance also of con- tinued Federal support for the language and area centers in which we have made a heavy investment. By increasing the number of fellowships, it also means that Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 1964 Approved For Release 2002/01/23: CIA-RDP75600380R000800130032-9 CONGRESSIONAL RECORD ? SENATE 17127 the supply of linguists, mathematicians, engineers, scientists, and teachers will not be slowed down at a time when our national need for such skilled manpower is growing. In the face of booming col- lege enrollments and galloping costs, the extended and expanded National De- fense Education Act provides an enor- mous opportunity for constructive action. Mr. *President, the Hill-Burton Act is another fine example of successful Federal-State cooperation. We need more new hospitals and other medical facilities and. a very essential provision is now made in the Hill-Burton Act for modernizing and improving older existing facilities so as to keep pace with the demands of modern medicine. An Important measure of flexibility in the use of the construction and moderniza- tion allocation is also provided in this amended bill. Mr. President, I have for many years struggled to have eliminated from the Hill-Burton Act one of the last overt vestiges of the constitutionally invali- dated separate-but-equal doctrine. Sec- tion 622(f) of the act; as enacted in 1944 and as it is still on the books, requires that State plans under the act provide for adequate hospital facilities "without discrimination on account of race, creed, or color," and that the applicant shall give assurance to the State that the facilities will be available without such discrimination; but the section goes on to make an exception "where separate hospital facilities are provided .for sep- arate population groups, if the plan makes equitable provision on the basis of need for facilities and services of like quality for each such group." Since the 1954 Supreme Court school desegregation decision, there has been little doubt that 'the separate-but-equal language of section 622(f) violates the 5th and 14th amendments as a denial of equal protection of the laws in federally and State-supported hospitals. I have repeatedly introduced bills to repeal that language and have moved amendments to various appropriation and authoriza- tion bills which would have achieved the same effect. All have been without re- sult, and the Department of Health, Edu- cation, and Welfare has continued to approve applications for segregated hos- pitals and facilities under that provision. Early this year the Court of Appeals for the Fourth Circuit held that the pro- vision was unconstitutional in the case of two 'Hill-Burton hospitals in North Carolina, and the Supreme Court denied certiorari. I then attempted unsuccess- XURy, to learn from HEW what they pro- POseti to do with their regulations in view of the fourth arauit decision. It has been my position throughout- that lo further legislation was necessary except to remove the invalid language from the beek..5; even without legislation the ex- ecutive branch has a clear obligation, in rely -judgment, to disregard unconstitu- tional legislative directions and to en- force the law in accordance With con- stitutional requirethents. In the amended Hill-Burton measure proposed to the Congress by theEicecn- tive early this year, the 'Separate-but- equal language was eliminated from what was now section 603(e) of the act. As the measure was passed by the House, and as it is now reported to the Senate by the Labor and Public Welfare Commit- tee, both the separate-but-equal lan- guage and the antidiscrimination lan- guage which had preceded it are elimi- nated from the act. What is left is the requirement that a State plan shall pro- vide adequate hospitals and facilities "for all persons residing in the State" and that assurance shall be received by the State from the applicant that the federally aided facility "will be made available to all persons residing in the territorial area of the applicant." By this circuitous route we have at last brought the words of the Hill-Burton Act into line with the Constitution. The language now left in the act will be al- most identical with language in the Li- brary Services Act, which the Depart- ment has for some time interpreted as permitting it to require that facilities, to receive Federal aid, must be nonsegre- gated. However, whatever was done with this language, racial segregation in hospitals built and modernized with Federal tax moneys would have had to come to an end because of title VI of the Civil Rights Act of 1964, which set the policy for the en- tire Federal Government. With the doubly invalidated separate-but-equal language now deleted from the Hill-Bur- ton Act itself, there should be rapid ac- tion by HEW to make the Constitution a reality in this most important area of health services. In this connection, I was pleased to note in the press a meet- ing held at HEW this week at which Plans to desegregate Hill-Burton facil- ities were discussed with representatives of national health organizations. A long campaign here in the Senate now ends successfully but begins on the level of implementation. The play "The Death of Bessie Smith" relates Poign- antly the story of the Negro singer who was turned away from an all-white hos- pital and died. At last we will begin to make such tragedies a matter of past history. The PRESIDING OFFICER. The bill Is open to further amendment. If there be no amendment to be pro- posed, the question is on the third read- ing. The bill (H.R. 10041) was ordered to a third reading, and was read the third time. The PRESIDING OFFICER.. The bill having been read the third time, the question is, Shall it pass? The bill was passed. Mr. MANSFIELD. Mr. President, I mov.e to reconsider the vote by which the bill was passed. Mr. HILL. Mr. President, I move to lay that motion on the table. The motion to lay on the table was agreed to. EXTENSION OF TIME FOR COM- MITMENT OF CONSTRUCTION RESERVE FUNDS Mr. MANSFIELD. Mr. President, / move that the Senate proceed to the con- sideration of Calendar No. 1188, S. 2995. The PRESIDING OFFICER. The bill will be stated by title for the informa- tion of the Senate. The LEGISLATIVE CLERK. A bill (S. 2995) to amend section 511(h) of the Merchant Marine Act, 1936, as amend- ed, in order to extend the time for com- mitment of construction reserve funds. The PRESIDING OFFICER. The question is on agreeing to the motion of the Senator from Montana. The motion was agreed to; and the Senate proceeded to consider the bill. The PRESIDING OFFICER. The bill is open to amendment. If no amend- ment is to be proposed, the question is on the engrossment and third reading of the bill. The bill was ordered to be engrossed for a third reading, was 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 the proviso at the end of section 511(h) of the Merchant Marine Act, 1936, as amended, is emended to read as follows: "Provided, That until January 1, 1965, in addition to the ex- ;tensions hereinbefore permitted, further ex- tensions may be granted ending not later than December 31, 1965." SEC. 2. The amendment made by the first section of this Act shall take effect Decem- ber 31, 1964, or on the date of enactment of this Act, whichever date first occurs. Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the re- port (No. 1252) , 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 bill would extend until December 31, 1965. the period during which construction reserve funds established under section 511 of the Merchant Marine Act of 1936, as amended, must be expended or committed for new vessel construction. If the period is not extended, Federal income taxes would have to be paid on the amount of money In such funds. While the bill is general legislation, its provisions are applicable only to some $11 million of construction reserve funds of the American-Hawaiian Steamship Co. The company, since 1961, has been involved in proceedings before the Department of Com- merce seeking ship mortgage insurance for the construction of modern container vessels for use in the intercoastal trade. The com- pany's latest application was filed March 23, 1964, and it does not seem likely that all the details involved in the construction of those vessels and the commitment of the funds can be completed before the December 31, 1964, deadline of the existing law. BACKGROUND STATEMENT American-Hawaiian Steamship Co. was for many years an active operator in the Inter- coastal trades of the United States. Its fleets were taken over by the Government in both World Wars I and II. Strenuous efforts were made, following World War II, to continue In this trade. Finally, in 1953, the company ceased operations, and began research to de- velop a new type of vessel to counter the high oasts of old-style break-bulk opera- tions. In 1981, after its application for mortgage insurance on three container ships of ad- Tanned design was denied by the Maritime Approved For Release 2002/01/23: CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17128 CONGRESSIONAL RECORD ? SENATE August 1 Administrator, American-Hawaiian sought and was granted a 1-year extension, until December 81, 1962, for consideration Cf possible further plans for reentry into the shipping trade. Invited later to..reapply fcr the desired insurance, the company submit- ted a tew application for insurance on lac- vember 17, 1981, to cover three 'Container ships proposed to be constructed for opera- tion in the intercoastal trade between U.S. east and west coast ports. Public hearings were held on the application in San Fran- cisco, n zramencing August 26, 1962, and were conciud ed on October 25, 1962, in Washing- ton, D.O. The initial decision of the Chief Examiner, Maritime Administration, rendered on Apr .1 8, 1963, found that the projected service appeared to be economically sound, and that its impact on other water carriers, in the trade did not appear to be serious enough to warrant denial of the application in light of the probable benefits to the do- mestic eonamerce of the country. However, on October 2.4, 1963, the Mari- time Administrator denied the company's application for Government mortgage insur- ance, on the ground that the proposed serv- ice would not be economically sound, that It would have an adverse impact on other water carriers in the intercoastal trade, and would is adverse to the promotion and de.. velopraent of the American merchant marine. Secretary of Commerce Hodges, while con- curring in, the denial of the application, suggested that the Commerce Departmena would give consideration to a revised appli- cation oased on Government insurance of not more than 50 percent of the estimated total cost of the vessels, if the company desired to submit a such revised application. On October 24, 1963, the company informed the Maritime Administrator that it accepted the inv tation to revise its application for mortgage insurance and the revised applica- tion wet: filed on March 23, 1964. It seems clear that it will not be possible to complete all the details involved in this undertaking before the December 31, 1964, deadline created under existing law, and the committee therefore recommends an-. other 1- year extension. The committee has approved these re- quests for five successive annual extensions because of its belief that the applications of American-Hawaiian were entitled to con-. sideration on their merits, without the un.. position of a severe and arbitrary legal dead- line. American-Hawaiian's proposal for the con- structio a of rfew vessels for the intercoastaii trade is the first such move in many year;; and is -herefore, of special interest to the committee. The committee believes that if the ape lication for mortgage insurance ic. approval, the company should have sufficient time to legally commit its construction re- serve funds without suffering the $2.5 million tax pen thy that would be imposed by the January 1, 1965, deadline under present law However, the committee is understandably' not anx.ous to face the same legislation for the sam 3 reasons at the same time next year. Five annual extensions ought to provide enough time for resolving the issues in this case once and for all. COST OF THE LEGISLATION The till does not involve or require any increase in expenditures by any agency of the Governe rent. However, its overall revenue effect is more complex. Since the legislation would extend for an additional year a special tax ben( fit accruing to funds in a construc- tion reserve fund, it would relieve the com- pany involved of a potential liability for payment of approximately $2,500,000 in taxes. This tea liability would be due only if the construction reserve funds were not com- mitted for the construction of new vessels before tie deadline. Enactment of bill and subsequont investment of these construction reserve funds in new vessels would produce income-earning, tax-paying properties, which, as the report of the Department of Commerce indicates, could produce $4,800,000 in additional taxes over the life Of the vessels. THE CALENDAR Mr. MANSFIELD Mr. President, I ask unanimous consent that the Senate proceed to the consideration of Calendar No. 1211, S. 2552, and the remaining bills on the calendar to which there is no objection, in sequence, The PRESIDING OFFICER. Without objection, it is so ordered. EXEMPTION OF OCEANOGRAPHIC RESEARCH VESSFI,S FROM APPLI- CATION OF CERTAIN VESSEL IN- SPECTION LAWS The Senate proceeded to consider the bill (S. 2552) to exempt oceanographic research vessels from the application of certain vessel inspection laws, and for other purposes, which had been reported from the Committee on Commerce, with an amendment, to strike out. all after the enacting clause and insert: That, as used in tins Act-- (1) the term "oceanographic research ves- sel" means a vessel which the Secretary of the department in which the Coast Guard is operating finds is operated in the public in- terest by being employed exclusively in sci- entific research, or instruction in oceanog- raphy or limnology, or both; and (2) the term "scientific personnel" means persons who are aboard a vessel solely for the purpose of engaging in scientific re- search, instructing, or receiving instruction, in oceanography or limnology. Sac. 2. An oceanographic research vessel shall not be considered a passenger vessel, a vessel carrying passengers, or a passenger- carrying vessel under the provisions of the laws relating to the inspection and manning of merchant vessels by reason of the carriage of scientific personnel. SEC. 3. Scientific personnel on an oteano- graphic research vessel shall not be con- sidered seamen under the provisions of title 53 of the Revised Statutes and Acts amenda- tory thereof or supplenaentary thereto. SEC. 4. If the Secretary of the department in which the Coast Guard is operating de- termines that the application to any oceano- graphic research vessel of any provision of 'title 52 or title 53 of the Revised Statutes, or Acts amendatory thereof or supplementary thereto, is not necessary in the public in- terest, he may by regulation exempt any .such vessel from such provision, upon such terms and conditions as he may specify. The amendment was agreed to. The bill was ordered to be engrossed for a third reading, was read the third time, and passed. CONVEYANCE OF CERTAIN LANDS TO CITY OF SAKMAN, ALASKA The bill (Ha. 8523) to authorize the conveyance of certain lands to the city of Saxman, Alaska, was considered, or- dered to a third reading, read the third 'Arne, and passed. Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the re- Port (No. 1249), explaining the purposes of the bill. There being no objection, the excerpt was ordered to be printed in the Rum), as follows: PURPOSE HR. 8523, introduced by Congressman RIVERS of Alaska, will authorize the trustee of the city of Seaman, Alaska, under the direction of the Secretary of the Interior, to sell the 328 acres of land within the town- site of the city that are unoccupied and not held in trust for an Indian or Eskimo un- der existing law. NEED An Indian vinage was established at the site of the city of Seaman in 1894. The area was surveyed and the plat for "Seaman Municipality (Seaman Indian Village) Alaska" accepted. by the General Land Office in 1929. In 19830 the Government issued a patent for 364.97 acres of land to the town- site trustee subject to the provisions of the act of May 25, 1926 (48 U.S.C. 355a-34.5d)? Section 3 of the 1926 act authorizes the Secretary of the 3:nterlor to issue to a truateee patent to public lands claimed and occupied as a native town or village and further pro- vides that the trustee shall convey to the individual Indians or Eskimos the lands claimed or occupied. The committee has been advised that the patent issued to the trustee in 1990 em- braced more land than was actually occupied by Indians or Eskimos at that time. .The committee was further informed that there are now approximately 328 acres unoccupied and not held in 'trust for an Indian or Eski- mo under the above-mentioned 1926 act. The Department of the Interior has taken the position that the townsite trustee has no authority to sell lands to nonnative pur- chasers. H.R. 8323 is designed to provide the authority whereby any land in the city of Seaman that is not occupied and is not held in trust for an Indian or Eskimo under the 1926 act may be sold. The committee believes that enactnient of this bill is one of the necessary steps toward the development of the State of Alaska and its transition from territorial status to full staiehood. COST No increase in budgetary requirements is involved in HR. 6523. CERTAIN LAND PREVIOUSLY CON- VEYED TO CITY OF FAIRBANKS, ALASKA The bill (HR. 8654) to terminate a restriction on use with respect to certain land previously conveyed to the city' of Fairbanks, Alaska, was considered, or- dered 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. 1250--explaining the purposes of the bill. There being no objection, the excerpt was ordered to be printed in the RECORD, as follows: PURPOSE H.R. 8654, which was introduced by Con- gressraan alavans of Alaska, will release the mineral reservation retained by the United States in 1.2 acres of land previously con- veyed to the city of Fairbanks and, at ,the same time, remove the restriction that pro- hibits the use of the land for other than school purposes. NEED By the act of June 1, 1948 (62 Sat. 283), the United States released and relinquished Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 196.4 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 CONGRESSIONAL RECORD ? SENATE to the city of Fairbanks. Alaska, for school purposes a lot comprised of 1.2 acres of land, subject to a reservation in the United States of all mineral rights together with the right to prospect for, mine, and -remove the min- erals. The land relinquished to the city under the 1948 act is currently being used as a school playground and is within an area that has been approved for development as an urban renewal project under title I of the Housing Act of 1949 (63 Stat. 413), as amended. Under the urban renewal plan the land used as a school playground will be utilized for residential purposes under arrangements that have been made for the developer to provide the city of Fairbanks with a substi- tute site for the playground. However, the city does not have the atithority to make the exchange because of the specification in the 1948 act that the land be used for school purposes. The Geological Survey of the Department of the Interior states that the land is not valuable for mineral development. None- theless, no matter how remote such de- velopment might be, the presence of the mineral reservation precludes financing for a residential development. The committee has also been informed that at the time the city of Fairbanks was developed under the townsite laws, minerals were not reserved generally. Accordingly all the lands adjacent to the school playground are owned without mineral reservation. Enactment of HR. 8654 will remove the restriction on use of the property and permit the city of Fairbanks to go forward with the urban renewal project. WEr No Increase in budgetary requirements is involved in H.R. 8654. GRAFF HOUSE SITE FOR INCLUSION IN INDEPENDENCE NATIONAL HISTdRICAL PARK The Senate proceeded to consider the bill (H.R. 988) to authorize the Secre- tary of the Interior to acquire the Graff House site for inclusion in Independence National Historical Park which had been reported from the Committee on In- terior and Insular Affairs, with an amendment on page 2, at the beginning of line 20, to strike out "Act." and insert "Act: Provided, That the Secretary of the Interior shall not obligate or expend any moneys herein authorized to be ap- propriated for acquisition of the land unless and until commitments are ob- tained for donations in an amount which in the judgment of the Secretary Is sufficient to provide a replica of the Graff House in accordance with sec- tion 2," The amendment was agreed to. The amendment was ordered to be en- grossed and the bill to be read a third time. The bill was read the third time, and passed. Mr. MANSFIELD. Mr. President, I ask unanimous consrent to have printed in the RECORD an excerptfrom the report (No. 1279), explaining the purposes of the bill. ? There being no objection, the excerpt Was ordered to be printed in the RECORD, as follows: PURPOSE The purpose of 11.11.988 is to authorize the Secretary of the Interior to acquire the site of the house, known as Graft House, in down- town Philadelphia in which Thomas Jeffer- son drafted the Declaration of Independence during the fateful days of June 1'776, and to provide for the erection, with donated funds, of a replica of that house. The site and house then will become a part of the Inde- pendence National Historical Park in Phila- delphia. The reconstructed building will be devel- oped as a living library, housing documents of freedom from all over the world; a center of learning in which scholars, teachers, and students may have access to and utilize source materials documenting man's strug- gle for freedom and independence. The authenticity of the reconstruction will be assured through supervision by historians, scholars, and archeologists. A Senate companion bill to HR. 988, name- ly S. 605, was sponsored by the two Senators from Pennsylvania, Senator JOSEPH CLARK and Senator HUGH SCOTT, and was considered by the committee prior to passage of the House bill. THE COMMITITE AMENDMENT The committee adopted an amendment drafted at its request by the National Park Service to make certain that before any Federal money is spent for acquisition of the site, sufficient funds from private sources will have been donated or committed to in- sure demolition of the existing structure and construction of a replica of the Graff House. Accordingly, on page 2, line 20, the following proviso was added to the appropriation au- thorization and limitation: Provided. That the Secretary of the Inte- rior shall not obligate or expend any moneys herein authoriied to be appropriated for ac- quisition of the land unless and until com- mitments are obtained for donations in an amount which, in the judgment of the Secre- tary, is sufficient to provide a replica of the Graff House in accordance with section 2. BACKGROUND OF LEGISLATION Independence National Historical Park was authorized by act of Congress in 1948 and was established in 1956. It includes Independ- ence Hall, where the world-famed Declara- tion itself was signed, and a number of other structures closely associated with the Amer- ican Revolution and the early history of the United States. The Graff House site and re- production will be a worthy addition to this site which attracts hundreds of thousands of visitors annually. That the Graff House was the place in which the Declaration of Independence was drafted is attested to by Jefferson himself in letters which are set forth below. The build- ing itself stood until 1883, but now a short- order lunchroom occupies the site, which is situated at the southwest corner of Seventh and Market Streets. The Philadelphia National Shrines Park Commission which, under authority of the act of August 9, 1946 (60 Stat. 972), investi- gated the proposal to establish a Federal park area in Philadelphia, reported that the Graff House site, only two blocks from Inde- pendence Hall, was one of the most notable historic sites of the world. The commission recommended that it be included as project D of the park, but the recommendation was not accepted by the Congress in the 1948 au- thorizing act. Since then, the legislative proposal has been considerably limited and tightened. AS stated, under the terms of H.R. 988 as amended, Federal funds would be used only -for acquisition of the site itself, and then only if private funds were available or com- mitted to reconstruct, in authentic detail, the historic honse. ;ix the 8'7th Congress, Senators CLARK and SCOTT introduced a but 5. 2859, for acquisition of the Graff House site, but no action was taken. 17129 The committee held public hearings on S. 605, and no opposition of substance to the measure was heard. PORT BOWIE NATIONAL HISTORI- CAL SITE, ARIZONA The Senate proceeded to consider the bill (S. 91) to authorize the establish- ment of the Fort Bowie National Histo- rical site, Arizona, which had been re- ported from the Committee on Interior and Insular Affairs, with an amendment, on page 2, line 23, after "SEC. 4.", to strike out "There are hereby authorized to be appropriated such sums as are nec- essary to carry out the purposes of this Act." and insert "There is hereby au- thorized to be appropriated a sum not to exceed $550,000 to carry out the pur- poses of this Act: Provided, however, That not more than $15,000 shall be expended for the acquisition of the pri- vate lands included within the exterior boundaries of the proposed historic site."; 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, the Secretary of the Interior is authorized to designate, for preservation as the Fort Bowie National Historic Site, the site and remain- ing historic structures of old Fort Bowie, situated in Cochise County, Arizona, togeth- er with such additional land, interests in land, and improvements thereon, as the Sec- retary in his discretion may deem necessary to accomplish the purposes of this Act: Provided, That the Secretary shall designate no more than one thousand acres for inclu- sion in said site. Sec. 2. Within the area designated pursu- ant to section 1 hereof, the Secretary of the Interior is authorized, under such terms, reservations, and conditions as he may deem satisfactory, to procure by purchase, dona- tion, with donated funds, exchange, or other- wise, land and interests in land for the na- tional historic site. When the historic remains of old Fort Bowie and all other privately owned lands within the aforesaid designated area have been acquired as pro- vided in this Act, notice thereof and of the establishment of the Fort Bowie National Historic Site shall be published in the Fed- eral Register. Thereupon all public lands within the designated area shall become a part of the Fort Bowie National Historic Site. Sec. 3. The Fort Bowie National Historic Site, as constituted under this Act, shall be administered by the Secretary of the In- terior as a part of the national park sys- tem, subject to the provisions of the Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (39 Stat. 535), as amended, the Historic Sites Act of August 21, 1935 (49 Stat. 666), and all laws and regulations of general application to historic areas with- in the national park system. Sm. 4. There is hereby authorized to be appropriated a sum not to exceed $550,000 to carry out the purposes of this Act: Provided, however, That not more than $15,000 shall be expended Dor the acquisition of the pri- vate lands included within the exterior boundaries of the proposed historic site. 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- Approved For Release 2002/01/23 : CIA-RDP751300380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17130 CONGRESSIONAL RECORD - SENATE August I port (No. 1280). explaining the purposes of tilt bill. There being no objection, the excerpt was ordered to be printed in the Rream, as fo3lows: PURPOSE Tile purpose of S. 91 is to preserve :roe future generations the site and remaining historic structures of Fort Bowie and ascii additional land, interest in land, and in- prove;nents thereon as is deemed necessary to preserve the fort. A &miler measure, H.R. 946, was favorably reported by the House Interior and Insular Affairi Committee on March 25, 1964. Pon Bowie was named for George Wash- ington Bowie, 1824-1901, a native of Mont- gamer y County, Md., whose military record Is as follows: Commissioned. 1st lieutenant, U.S. Army, at Burlington, Iowa, Apri: 1, 1847, where he was aisigned to the 15th U.S. Infantry; pro- motec to captain July 20, 1847; brevet major for gs Rant and meritorious conduct at the battles of Contreras and Churubusco, Mex- ico, August 20, 1847; distinguished himself in command of his company at the storming of Chapultepec, September 14, 1847; honor- ably discharged at Covington, Ky., August 4, 184e. Muttered in as colonel, 5th California ln- fantry at Sacramento, Calif., to date from November 8, 1861; stationed at Camp Union, near Sacramento, until February 1862, when he went to southern California and was in command at Camp Latham, near the Cienega. betwe in Los Angeles and Santa Monica; mama ed to Camp Wright, near Warner's Rand, San Diego County, arriving April 9; assumed command of the military district of soethern California with headquarters at Fort uma, May 17, 1862. Marched via Fort Y-uma, Tucson, and Apache Pass to the Rio Grande, February and lklarch 1883; in command of the military district of Arizona with headquarters at Frankiin now El Paso), Tex., April 15, 1863; stationed there until he was honorably des- chargul from the service at that place De- cember 14, 1864; brevet brigadier general of voluni eers for faithful and meritorious serv- ices during the war. Port Bowie, established July 28, 18112, Bowie Peak, and the town Of Bowie, all in Cochli e County, Ariz., named for him. CONVEYANCE OF CERTAIN LAND )31' TIT& NEWTON AREA, CALIFORNIA, TO CLARENCE J. WILDER The Senate proceeded to consider tie bill E.R. 5302 to direct the Secretary of the Interior to convey certain lands in the Newton area, California, to Clarence J. Wider. Mr. KUCHEL. Mr. President, so that, the RECORD may be clear, it should show that he conveyance is dependent upon. the payment of the "fair market value." I say that for the benefit of the "Tiger of th( Senate" the Senator from Oregon. [Mr. 1.1orisE] . The bill was ordered to a third reading., read ihe third time, and passed. Mr. MANSFIELD. Mr. President, 1: ask unanimous consent to have printed in th( RECORD an excerpt from the report (No. 1037) , explaining the purposes of the 1111. There being no objection, the excerpt was ordered to be printed in the RECOED, as foljows: PURPOSE HR. 5302 directs the Secretary of the In- terior to convey, at fair market value as of March 25, 1952, to Clarence J. Wilder 3 acres of public land in the Newton area near Placerville, Calif. :SEED The lands described in H.R. 5302, as amended, are a portion of the public lands which Mr. Wilder and his wife sought to acquire by warrantee deed in the 1930's, be- lieving the lands to be privately owned. Mr. Wilder has contintously since that time claimed title to the land. The house occupied by Mr. Wilder was built in approximately 1852 and has been used continuously for private purposes. The original use of the property was as a gen- eral store and pony express station. The committee was advised that, after the Wild- era had purchased what they thought was title to the land and Improvements for $1,000. they expended approximately $8,000 in re- storing the pony express station. Although it appears that Mr. Wilder has equities similar to those that permit the issuance of patent to lands under the Color Of Title Act of December 22, 1928, as amended (45 Stat. 1069, 67 Stat. 227; 43 U.S.C. 1068), the Department of the Interior advised the committee that "the records of the Bureau of Land Management do not reflect the basis upon which it was cancluded that the Color of Title Act is not applicable to Mr. Wilder's situation." Without debating the technical question of whether Mr. Wilder can comply with the requiremer ts of the Color of Title Act, the committee believes that good con- science and equity, applied to the situation presented in H.R. 5302, require that title to the real property involved be transferred to Mr. Wilder. The committee was also advised that on March 25, 1952, Mrs. Wilder filed an applica- tion for the acquisition of approximately 5 acres of the land under the Small Tract Act (52 Stat. 609; 43 U.E.C. 682a et seq.). Sub- sequently Mrs. Wilder passed away in No- vember 1954 before action could be taken on her application. In view of the circum- stance, the committee believes that equity will be accomplished if Mr. Wilder is per- mitted to acquire the property at its fair market value as of the time that the Small Tract Act application was filed. COMMITTER AMENDMENTS The first committee amendment provides for the reduction ill the area to be con- veyed from 6 to 3 acres, comprising the land on which the improtemenia are situated to- gether with a reasonable amount surround- ing the buildings. In view of the equities involved, the sec- ond committee amendment provides that with the execution of the conveyance of title Mr. Wilder shall be relieved of any liability for prior 118C of the conveyed lands. The committee, in weighing the equities, submits that there should be no charge for so-called unauthorized use of the land be- cause Mr. Wilder believed he was the rightful owner of the land. The committee be:ieves that the Govern- ment's interest is adequately protected in receiving the fair market value of the land as of 1952, the date the Wilder's applied for purchase under the Small Tract Act. cosy No increase in budgetary requirements is involved in H.R. 5301. REPEAL OF ACT OF OCTOBER 22, 1919 The bill (H.R. U.92) to repeal the act of October 22, 1919 (41 Stat. 239) ; 43 U.S.C. 351-355, 357-360) 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 report (No. 1282). explaining the purposes of the bill. There being no objection, the eXcerpt was ordered to be printed in the Rtoosa, as follows: renzposz HR. 1892 will repeal the act of October 22, 1919 (43 U.S.C. 851-855, 357-360), commonly known as the Pittman Act, which authorizes grants of certain public lands in the, State of Nevada. The bill, however, will permit the processing of applications filed prior to enactment of this repealing act. NEED The act of October 22, 1919, was designed to encourage the reclamation Of lands in Nevada by authorizing the Secretary of the Interior to grant lands under certain cir- cumstances if, after exploration, it cottld be shown that there Is sufficient underground water to produce profitable crops on st,mini- mum of 20 acres of land. The Department of the Interior states that the Pittman Act has failed to accomplish its objective and. that only three economic farm units have been developed in the 40 years that the aft has been in operation. Although the act of October 22, 1919, has not brought effective results, it has led to submission of many applications whioh the Department of the Interior characterizes as "Ill advised," thereby imposing an unrea- sonable administrative burden on the Depart- ment. In addition, promoters have Misled members of the general public into making payments for applications that were worth- less because they covered lands not subject to disposition under the Pittman Act. H.R. 1892 would, therefore, repeal the Pitt- man Act as no langer serving its purpose. COST EERCtMeilt will not have any significant effect on budgetary requirements and may result in reduction of some administrative expense. PERMANENT AUTHORITY FOR FLIGHT INSTRUCTION FOR MEM- BERS OF RESERVE OFFICERS' TRAINING CORPS The bill (S. 3063) to make permanent the authority for flight instruction for members of Reserve Officers' Training Corps, and for other purposes, was con- sidered, ordered to be engrossed for a third reading, read the third time and passed, as follows: Be it enacted by the Senate and Jlouse of Representatives of the United States of America in Congress assembled, That chapter 101 of title 10, United States Code, is amended as follows: (1) By adding the following new section at the end theaeof "? 2002. Flight instruction for members of Reserve Officers' fraining Corps "The Secretary of any military department may provide, or contract with civilian flying or aviation scbools or educational inatitue tions to provide, such personnel, aircraft, supplies, facilities, and instructions as are necessary for flight instrtiction of members of the Reserve Officers' Training Corps under his jurisdiction." (2) By adding the following new item at the end of the analysis: "2002. Flight instruction for members of Reserve Officers' Training Corps." Sac. 2. Section 32 of the Act of September 2, 1958, Public Law 85-861, as amended (72 Stat. 1564), is repealed. Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed In the RECORD an excerpt from the report Approved For Release 2002/01/23 : CIA-RDP75B00380R000800130032-9 1964 Approved F traengffignia&BDP7M318R R000800130032-9 (No. 1283), explaining the purposes of the bill. There being no objection, the excerpt was ordered to be printed in the RECORD, as follows: PURPOSE This bill would make permanent the au- thority for flight instruction for members of the Reserve Officers' Training Corps. EXPLANATION Public Law 879 of the 84th Congress au- thorized flight training in the ROTC pro- grams of the Army, the Navy, and the Air Force. This authority was intended to at- tract more qualified young men to f,pply for flight spaces in the advanced ROTC courses, to detect those who would later fail to com- plete pilot training after having been com- missioned for that purpose, and to motivate more young Americans to become career fly- ing officers. The original authority was for a period of 4 years and a 4-year extension was granted by Public Law 86-597. Unless extended, the authority expires on August 1, 1964. The flight instruction program provides for approximately 35 hours of flight instruction and 35 hours of ground instruction. The military departments contract with the pri- vate colleges and universities to provide the flight instruction. The training is offered during the senior year of the ROTC cadets. The flight and ground school curriculums have been approved by the Federal Avia- tion Agency. Cadets who successfully com- plete the program and pass the FAA flight and ground school examinations qualify for a FAA private pilot certificate. The military departments are enthusiastic about the results from the operation of this program. The attrition rate in the Navy and Air Force pilot training for ROTC graduates who have successfully completed the flight instruction program has been approximately one-half that of ROTC graduates who have not received such training. In the Army the comparable attrition rate is approximately one-third that of ROTC graduates who have not received flight training. COST The table that follows shows the costs of the ROTC flight instruction program from its inception through fiscal year 1963. Fiscal year Air Force Army Navy Total 1957_ $538, 629 $142, 000 $14, 000 $694, 629 1958_ 547,000 280,000 20,000 856, 000 1959 668,000 325, 250 7,000 1, 000, 250 1960 712,000 245, 266 957,266 1961 704,000 260, 500 964, 600 1962_ 612,000 309,000 160,000 1, 071, 000 1963_ 717, 000 430, 000 152, 000 1, 299, 000 The estimated cost of the program for fiscal year 1964 is $1,613,000 and for fiscal year 1965 it is $1,700,000. ADVANCE MOVEMENT OF DEPEND- ENTS AND EFFECTS OF MEMBERS OF UNIFORMED SERVICES The bill (H.R. 4739) to amend section 406 of title 37, United States Code, with regard to the advance movement of de- pendents and baggage and household ef- fects of members of the uniformed serv- ices 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. 1284), explaining the purposes of the bill. No. 148-7 17131 There being no objection, the excerpt expense could be absorbed within available was ordered to be printed in the RECORD, appropriations and that additional appropri- as follows: ations will not be requested. PURPOSE This bill would authorize the advance movement of dependents, baggage, and household effects of members of the uni- formed services if the secretary of the de- partment concerned determined such ad- vance movement to be in the best interests of the member or his dependents and the United States. EXPLANATION For a member of the uniformed services who is serving at a station outside the United States or in Alaska or Hawaii, existing law provides authority for the advance return of dependents, baggage, household effects, and privately owned automobiles of members of the uniformed services in "unusual or emer- gency circumstances." - The Department of Defense considers that advance movement is desirable under some conditions that do not qualify as unusual or emergency circumstances. Unforeseen family problems, changes in a member's status, and changed economic and political conditions in oversea areas at times make the advance return of dependents in the best in- terests of the member and the United States. Specific examples of situations justifying ad- vance return of dependents include marital difficulties, financial problems brought about by confinement or reduction in grade of the member, and the death or serious illness of close relatives. Similar authority for the advance move- ment of the dependents and household effects of a civilian employee serving outside the United States is contained in section 73b-3 of title 5, United States Code. The bill provides that if an automobile is returned to the United States in advance of the member, an automobile may not be re- turned at Government expense when the member himself is ordered to make a perma- nent change of station. The only expanded entitlement in this bill is the authorization for the return at Gov- ernment expense of a dependent who at- tained the age of 21 while with the member overseas. This entitlement would exist only for a member's unmarried child who was transported overseas at Government expense incident to a permanent change of station of his parent. Under the bill, if dependents are returned to the United States, they may not thereafter be returned to the oversea station they left, unless the member receives a permanent change of station to another assignment overseas or unless the return of the depend- ents is for the convenience of the Govern- ment. A minor change permits automobiles other- wise authorized to be transported at the expense of the United States to be so trans- ported on vessels leased or chartered by the United States. Now only vessels owned by the United States may be used for this pur- pose. COST It is impractical to make a meaningful estimate of the cost of this bill. The only new entitlement is the authorization for the return at Government expense of a depend- ent who attained the age of 21 while with the member overseas. The number of such dependents who might become entitled to return transportation to the United States cannot be predicted, but it is not large. The other expense involved in the bill would be incurred by the United States if the bill were not enacted, but at a later date. The annual cost is thought to be substantially less than $1 million and the Department of Defense informed the committee that this WITHHOLDING AND FORFEITURE OF PAY AND ALLOWANCES OF CERTAIN MEMBERS OF UNI- FORMED SERVICES WHO AID THE ENEMY WHILE PRISONERS OF WAR The bill (S. 3062) to provide for the withholding and the forfeiture of the pay and allowances of certain members of the uniformed services who, while pris- oners of war, aid the enemy or are guilty of other misconduct, and for other pur- poses, was considered, ordered to be en- grossed for a third reading, 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 section 1007 of title 37, United States Code, is amended by adding the following new sub- section at the end thereof: "(h) Notwithstanding sections 1001-1018 of title 50, appendix, the Secretary concerned may withhold all or any part of the pay and allowances that are due or that become due a member of a uniformed service who is for- mally charged with committing, while a pris- oner of war, an offense in violation of section 904 or 905 of title 10. However, all pay and allowances so withheld shall be paid to the member if? "(1) the charge against him is dismissed; "(2) he is acquitted of the offense; or "(3) he is convibted of the offense, but, on review, the finding of guilty is set aside tinder conditions that prevent further trial within a reasonable time, as determined by the Secretary." SEC. 2. Article 57(a) of the Uniform Code of Military Justice (10 U.S.C. 867(a)) is amended by adding the following new sen- tence at the end thereof: "However, a for- feiture may extend to pay or allowances that have been withheld under section 1007(h) of title 37." AMENDMENT OF MISSIND PERSONS ACT REGARDING PERSONS DE- TAINED IN FOREIGN COUNTRIES AGAINST THEIR WILL The bill (H.R. 29). to further amend the Missing F?ns Act to cover certain persons detained in foreign countries against their will, and for other purposes was considered, ordered to a third read- ing, read the third time, and passed. Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed In the RECORD an excerpt from the report (No. 1286) , explaining the purposes of the bill. There being no objection, the excerpt was ordered to be printed in the Rzcoao, as follows: PURPOSE This bill would amend the Missing Persons Act (1) to permit the continued crediting of pay and allowances to a person who is detained in a foreign country against his will, and (2) to restore to the law a provision for the filing and payment of income tax returns on the 15th day of the 3d month after termination of a missing status, or after the executor or administrator of the estate of a missing person has been appointed. Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 1'4132 CONGRESSIONAL RECORD ? SENATE isunteriotoss The 'Sassing Persons Act provides author- ity for the heads of executive departments to continue to credit the pay accounts of pet eons Within the scope of the statute Isla? arr missing hi action, interned, captured. or in a similar status and to initiate, con-thrie, or modify alowances to dependents of pr- sots in a missing status. It also authorises till shipment of household effects and the transportation of dependents of persona in a missing status to such locations as may be ap roved by the head of the department con- cerned. With this authority the depal- me ate can continue to protect the fintmcial Interests of covered persons in a variety of wawa, such as by paying commercial insur- ers* premiums while the penson is in a rais- ins status. If allotoienta to dependents are no .In effect when the Person was placed in a missing categozy, the head of the depiet- meat can initiate an allotment to provide for the dependents. araPLANATION OP TUE DILL "he law now permits the continued credit- ine Of pay for persons who are "roles:mg, razing in action, Interned In a foreign coun- try captured by a hostile force, or besieged by a hostile force." The Department of De- fense considers that note of these cleacrip- tio rie accurately fits some categories of per- sofa Who should be entitled to eontinued pay an allowances, each as the two Air Stem ear tains who were held by the Soviet Until} aftr their 13-47 was dhot down over the Bre onto Sea. To cover such persons the till wo aid permit the continued crediting of :pay anti allowances to a person "who is detained In a foreign country against his The bill also restores to the law a provision for the laths and payment of income tax m the 15th day of the third month following termination of a missing status or after In executor, administrator, or conservator of tilt- eat its of a iniseing person has been appoir t- ed. This provision was in the original Miss- ing Persons Act when it was approved in 1942, but It was not reenacted when the act was reactivated by the Selective Service Act of :948, Without this provision, the Inters al Eel anus Service has no express authority to melee a person who files a late income tax retnrn because he was imprisoned in s, for- eign country and there is no express autlacr- ity for granting a refund if the 3-year statute of limitations far filing such a refund emir es wh le the person is in prison. Medd. DATA Enactment of this bill will not inereue ex- per ditures by the Department of Defense as the Department is now applying the Missing Perrone Act to persons currently carried are "missing." LOWER PEND d,OREIME OR /CAWS - PEL TRIBE OF INDIANS The bill (HR. 10973) to provide for the dis vsition of judgment funds on deposit to he credit of the Lower Pend d'Oreille or Kalispel Tribe of Indians was Con- sid Ired, ordered to a third reading, read the third time, and passed. AUTHORITY TO USE CERTAIN PUNDS FOR SPECIAL METEORO- LOGICAL SERVICES The bill (S. 970) to authorize the See- ret try of Commerce to utilize funds re- cel" ed from State and local governments for special meteorological services was cor sidered, ordered to be engrossed for a thied reading, read the third time, arid par sed, as follows: Be it es-acted by the Senate and House of Representatims of the United States of America in Co7ujress assembled, That the Secretary of Commerce may accept reim- bursement for providing meteorological and hydrological work or services requested by States, counties, cities, or other local gov- ernment units. Reimbursement may be ac- cepted for the total or partial cost of the work or services furnished for thebenefit of or in cooperation with such governmental units: Provided, That the Secretary shall require reimbursement for the total direct and in- direct costa of work or services so provided which do not have value to the public at large. SEC. 2. The Secretary of Commerce may re- ceive such payment in funds or property to be used in providing the work or services, or both. All funds received in payment for work or services authorized herein shall be de- posited in a separate account in the Treas- ury and shall be available to pay the costs of such work or services, for making refunds, or for crediting appropriations from which the cost of such work or services may have been paid: Provided. That payment for in- direct costs not paid from the appropriation bearing the cost cf the work or services shall be deposited into the Treasury as miscellane- ous receipts. SEC. 3. The Secretary of Commerce shall establish regulations to insure that no com- mitment for work or services that are deter- mined to have no value to the public at large are made to States, counties, cities, or other local government units where such work or services can be obtained from private orga- nizations and individuals who have com- petency in she meteorological sciences. Mr. MANSFIELD. Mr. President, that concludes the call of the calendar. I take this means of expressing my thanks and appreciation to the distinguished Senator from Arkansas, the chairman of the Foreign Relations Committee [Mr. Ftreserene], for his patience and under- standing. ap??????11?Mew. AMENDMENT OF FOREIGN ASSIST- ANCE ACT OF 1961 The Senate resumed the consideration of the bill (H.R. 11380) to amend further the Foreign Assistance Act of 1961, as amended, and fcr other purposes. Mr. FULBRIGHT. Mr. President, I am painfully conscious of the distaste of my colleagues for this misnamed, maligned, misrepresented, and misunder- stood legislation. For longer than I care to remember, I have had the thankless duty of pre- senting this bill to the Senate. Today, in the few minutes remaining before the Senate adjourns, I shall make the pre- sentation as short and painless as I can. I have not forgotten the incredibly long and arduous debate which kept us in ses- sion until just before Christmas last year. I can only hope it will not go that long this year. Some years ago Prime Minister Nehru of India took the visiting Chinese Foreign Minister Chou En-Lai to the site of a new dam. "It is in these temples that I worship," said Nehru. And so indeed he did, as does virtually every other leader of the third world of Asia, Africa, and Latin America. Many, like Nehru him- self, have done far more than worship in the temple of economic development; they have gone out of the temple to build August .1` dams and schools and factories, to begin the vast enterprise of bringing their long quiescent lands into the dynamic life of the 20th otnturY. Clearly, the aspiration to economict development is one of the powerful moti- vating forces in the world. It gives promise and substance and hope to the nationalism of the emerging nations. It has created new ferment in the world, new hopes and new dangers which the advanced rations, Communist at; well as, free, have tried to influence through military, economic, and technical as- sistance programs of unprecedented magnitude. The aspirations of the poor nations are the occasion but not really the rea- son for the American foreign aid pro- gram. The reason for our aid--I think we must admit?lies in our own aspira- tions rather than these of the recip- ients, or, more precisely, in the profound effects which their aspirations have on our own prospects for peace and security. Looked at in this way, foreign aid is not a special undertaking like an earth- quake or famine relief program, but an instrument of policy?a normal instru- ment of policy like diplomacy. military power or intelligence, each of which is designed to achieve certain objectives which cannot readily be obtained by other means. I should like in these brief remarks to offer a few suggestions as to why foreign aid Is a necessary instru- ment of American foreign policy, as to the kind of instrument it is and the kind of objectives it is likely to help attain. The subject is not one which the Sen- ate has neglected. Unlike certain other Programs?some of at least equal im- portance and some of vastly greater mag- nitude?foreign aid has inspired many hours of colloquy and debate, including 3 full weeks of most enlightening discussion only a few months ago: There is therefore little to be said about for- eign aid that has not been said before, but the case for the aid program is no less valid for being familiar. It is, in- deed, as strong a ease today as it was when General Marshall spoke at Har- vard in 190, and in some respects the prospects of our aid achieving its objec- tives are decidedly better today, after 17 years' experience, than they were when aid was a new and untested instrument of policy. Of the bill itself little need be said. Its content is spelled out in the report of the Foreign Relations Committee and is in any case familiar. All that it mark- edly new about this year's foreign aid bill is the amounts proposed to be au- thorized, which are greatly reduced be- low the levels of previous years. It may be that the reductions have been too great; it may be that the program will function more effectively on a smaller scale. It if; clear in any case that the proposed authorization cannot be fur- ther reduced without undermining the aid program as an instrument of Ameri- can foreign policy. The President has indicated that he regards this, year's foreign aid request as the minimum consistent with the main- Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 1964 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 CONGRESSIONAL RECORD SENATE 17131 (No. 1283), explaining the purposes of the bill. There being no objection, the excerpt was ordered to be printed in the RECORD, as follows: PLUMOSE This bill would make permanent the au- thority for flight instruction for members of the Reserve Officers' Training Corps. EXPLANATION Public Law 879 of the 84th Congress au- thorized flight training in the ROTC pro- grams of the Army, the Navy, and the Air Force. This authority was intended to at- treat more qualified young men to t.pply for flight spaces in the advanced ROTC oourses, to detect those who would later fail to com- plete pilot training after having been com- missioned for that purpose, and to motivate more young Americans to become career fly- ing officers. The original authority was for a period of 4 years and a 4-year extension was granted by Public Law 86-597. Unless extended, the authority expires on August 1, 1964. The flight instruction program provides for approximately 35 hours of flight instruction and 35 hours of ground instruction. The military departments contract with the pri- vate colleges and universities to provide the flight instruction. The training is offered during the senior year of the ROTC cadets. The flight and Found school curriculums have been approved by the Federal Avia- tion Agency. Cadets who successfully com- plete the program and pass the FAA flight and ground school examinations qualify for a FAA private pilot certificate. The military departments are enthusiastic about the results from the operation of this program. The attrition rate in the Navy and Air Force pilot training for ROTC graduates who have successfully completed the flight instruction program has been approximately one-half that of ROTC graduates who have not received such training. In the Army the comparable attrition rate is approximately one-third that of ROTC graduates who have not received flight training. COST The table that follows shows the costs of the ROTC flight instruction program from its inception through fiscal year 1963. Fiscal year Air Force Army Navy Total 1957 1958____ ..... 1959 1960 1961 1962 1963 $538, 629 547, 000 608,000 712, 000 704, 000 612,000 717,000 $142, 000 280,150 325, 250 246, 266 260,500 309, 000 430, 000 814,000 29,000 7, 000 150,000 162,000 $694, 629 856,000 1, 000, 250 957,266 904,500 1, 071,000 1, 299, 000 The estimated cost of the program for fiscal year 1964 is $1,613,000 and for fiscal year 1965 it is $1,700,000. ADVANCE MOVEMENT OF DEPEND- ENTS AND rao.F.ECTS OF MEMBERS OF UNIFORMED SERVICES The bill (H.R. 4739) to amend section 406 of title 37, United States Code, with regard to the advance movement of de- pendents and baggage and household ef- fects of members of the uniformed serv- ices 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. 1284), explaining the purposes of the bill. No. 148-7 There being no objection, the excerpt was ordered to be printed in the RECORD, as follows: PURPOSE This bill would authorize the advance movement of dependents, baggage, and household effects of members of the uni- formed services if the secretary of the de- partment concerned determined such ad- vance movement to be in the best interests of the member or his dependents and the United States. EXPLANATION For a member of the uniformed services who is serving at a station outside the United States or in Alaska OT Hawaii, existing law provides authority for the advance return of dependents, baggage, household effects, and privately owned automobiles of members of the uniformed services in "unusual or emer- gency circumstances." The Department of Defense considers that advance movement is desirable under some conditions that do not qualify as unusual or emergency circumstances. Unforeseen family problems, changes in a member's status, and changed economic and political conditions in oversee areas at times make the advance return of dependents in the best in- terests of the member and the United States. Specific examples of situations justifying ad- vance return of dependents include marital difficulties, financial problems brought about by confinement or reduction in grade of the member, and the death or serious illness of close relatives. Similar authority for the advance move- ment of the dependents and household effects of a civilian employee serving outside the United States is contained in section 73b-3 of title 5, United States Code. The bill provides that if an automobile is returned to the United States in advance of the member, an automobile may not be re- turned at Government expense when the member himself is ordered to make a perma- nent change of station. The only expanded entitlement in this bill is the authorization for the return at Gov- ernment expense of a dependent who at- tained the age of 21 while with the member overseas. This entitlement would exist only for a member's unmarried child who was transported overseas at Government expense incident to a permanent change of station of his parent. Under the bill, if dependents are returned to the United States, they may not thereafter be returned to the oversea station they left, unless the member receives a permanent change of station to another assignment overseas or unless the return of the depend- ents is for the convenience of the Govern- ment. A minor change permits automobiles other- wise authorized to be transported at the expense of the United States to be so trans- ported on vessels leased or chartered by the United States. Now only vessels owned by the United States may be used for this pur- pose. COST It is impractical to make a meaningful estimate of the cost of this bill. The only new entitlement is the authorization for the return at Government expense of a depend- ent who attained the age of 21 while with the member overseas. The number of such dependents who might become entitled to return transportation to the United States cannot be predicted, but it is not large. The other expense involved in the bill would be incurred by the United States if the bill were not enacted, but at a later date. The annual cost is thought to be substantially less than $1 million and the Department of Defense informed the committee that this expense could be absorbed within available appropriations and that additional appropri- ations will not be requested. WITHHOLDING AND FORFEITURE OF PAY AND ALLOWANCES OF CERTAIN MEMBERS OF UNI- FORMED SERVICES WHO AID THE ENEMY WHILE PRISONERS OF WAR The bill (S. 3062) to provide for the withholding and the forfeiture of the Pay and allowances of certain members of the uniformed services who, while pris- oners of war, aid the enemy or are guilty of other misconduct, and for other pur- poses, was considered, ordered to be en- grossed for a third reading, 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 section 1007 of title 37, United States Code, is amended by adding the following new sub- section at the end thereof; "(h) Notwithstanding sections 1001-1016 of title 50, appendix, the Secretary concerned may withhold all or any part of the pay and allowances that are due or that become due a member of a uniformed service who is for- mally charged with committing, while a pris- oner of war, an offense in violation of section 904 or 905 of title 10. However, all pay and allowances so withheld shall be paid to the member if? "(1) the charge against him is dismissed; "(2) he is acquitted of the offense; or "(3) he is convicted of the offense, but, on review, the finding of guilty is set aside under conditions that prevent further trial within a reasonable time, as determined by the Secretary." SEC. 2. Article 57(a) of the Uniform Code of Military Justice (10 U.S.C. 851(a)) is amended by adding the following new sen- tence at the end thereof: "However, a for- feiture may extend to pay or allowances that have been withheld under section 1007(h) of title 37." AMENDMENT OF MISSING PERSONS ACT REGARDING PERSONS DE- TAINED IN FOREIGN COUNTRIES AGAINST THEIR WILL The bill (H.R. 2989) to further amend the Missing Persons Act to cover certain Persons detained in foreign countries against their will, and for other purposes was considered, ordered to a third read- ing, read the third time, and passed. Mr. MANSFIELD, Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the report (No. 1286), explaining the purposes of the bill. There being no objection, the excerpt was ordered to be printed in the RECORD, as follows: PURPOSE This bill would amend the Missing Persons Act (1) to permit the continued crediting of pay and allowances to a person who is detained in a foreign country against his will, and (2) to restore to the law a provision for the filing and payment of income tax returns on the 15th day of the 3d month after termination of a missing status, or after the executor or administrator of the estate of a missing person has been appointed. Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17132 CONGRESSIONAL RECORD -- SENATE August 1 BACDCGROIIND The Missing Persons Act provides author- ity for the heads of executive departments to continue to credit the pay accounts of persons within the scope of the statute who are missing in action, interned, captured, or in a similar status and to initiate, continue, or modify alowances to dependents of per- sons in a raseaieg status. It also authorizes the shiament of household effects and the transportation of dependents of persons in a missing status to such locations as may be approved by the head of the department con- cerned. With this authority the depart- me:nts can continue to protect the financial interests of covered persons in a variety of ways, such as by paying commercial insur- ance primiums while the person is in a miss- Mg status. If allotments to dependents are not in effect when the person was placed in a missing category, the head of the depart- ment can initiate an allotment to provide for the dependents. EXPLANATION OF THE BILL The 1 sw now permits the continued credit- ing of pay for persons who are "rnisaing. missing in action, interned in a foreign coun- try. car tured by a hostile force, or besieged by a hostile force." The Department of De- fense csnsiders that none of these descrip- tions accurately fits some categories of per- sons wLo should be entitled to continued pay and allswa.nces, such as the two Air Force captains who were held by the Soviet Union after their B-47 was shot down over the Barents Sea.. To cover such persons the bill would permit the continued crediting of pay and allowances to a person "who Is detained in a foreign country against his will." The bill also restores to the law a provision for the filing and payment of income tax on the 15ta day of the third month following terinina tion of a missing status or after an executor, administrator, or conservator of the estate Cf a missing person has been appoint- ed. This provision was in the original Miss- ing Persons Act when it was approved in 1942, but it was not reenacted when the act was reactivated by the Selective Service Act of 1948. Without this provision, the Internal Revenue Service has no express authority to excuse s person who files a late income toe return because he was imprisoned in a for- eign country and there is no express author- ity for granting a refund if the 3-year statute of limitations for Sling such a refund expires while the person is in prison. FISCAL DATA Enaciment of this bill will not increase ex- penclite res by the Department of Defense, as the Department is now applying the Missing Persons Act to persons currently carried as "missing." LOWER PEND d'ORPIT 7. OR KALIS- PEL TRIBE OF INDIANS The oill (HR. 10973) to provide for the disposition of judgment funds on deposit to the credit of the Lower Pend d'Oreille or Kalispel Tribe of Indians was con- sidered, ordered to a third reading, read the third time, and passed. AUTHORITY TO USE CERTAIN FUNDS FOR SPECIAL METEORO- LOGICAL SERVICES The bill (S. 970) to authorize the Sec- retary of Commerce to utilize funds re- ceived from State and local governments for special meteorological services was considered, ordered to be engrossed for a third reading, 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 the Secretary of Commerce may accept reim- bursement for providing meteorological and hydrological work or services requested by States, countien, cities, or other local gov- ernment units. Relnisursement may be ac- cepted for the total or partial cost of the work or services furnished for the benefit of or in cooperation with such governmental units: Provided, That the Secretary shall require reimbursement for the total direct and in- direct costs of work Cr services so provided which do not have value to the public at large. SEC. 2. The Secretary of Commerce may re- ceive such payment in funds or property to be used in providing the work or services, or both. All funds received in payment for work or services authorized herein shall be de- posited in a separate account in the Treas- ury and shall be available to pay the costs of such work or services, for making refunds, or for crediting appropriations from which the cost of such work or services may have been paid: Pragided, That payment for in- direct costs not paid from the appropriation bearing the coat of the work or services shall be deposited into the Treasury as miscellane- ous receipts. SOC. 9. The Secretary of Commerce shall establish regulations to insure that no com- mitment for work or services that are deter- mined to have no veins to the public at large are made to States, counties, cities, or other local government units where such work or services can be obtained from private orga- nizations and indivieuals who have com- petency in the r.ieteorclogicai sciences. Mr. MANSFIELD. Mr. President, that concludes the call of the calendar. I take this means of expressing my thanks and appreciation to the distinguished Senator from Arkansas, the chairman of the Foreign Relations Committee [Mr. PliThintreisr], for his patience and under- standing. AMENDMENT OF FOREIGN ASSIST- ANCE AC r OF 1961 The Senate resumed the consideration of the bill (H.R. 11390) to amend further the Foreign Assistance Act of 1961, as amended, and for other purposes. Mr. FULBRIGHT. Mr. President, I am painfully conscious of the distaste of my colleagues for this misnamed, maligned, misrepresented, and misunder- stood legislation. For longer than :E care to remember, I have had the thankless duty of pre- senting this bill to the Senate. Today, in the few minutes remaining before the Senate adjourns, I shall make the pre- sentation as short and painless as I can. I have not forgotten the incredibly long and arduous debate which kept us in ses- sion until just before Christmas last year. I can only hope it will not go that long this year. Some years ago Prime Minister Nehru of India took the visiting Chinese Foreign Minister Chou En-Lai to the site of a new dam. "It is in these temples that I worship," said Nehru. Arid so indeed he did, as does virtually every other leader of the third world of Asia, Africa, and Latin America. Many, like Nehru him- self, have done far more than worship in the temple of economic development: they have gone out ef the temple to build dams and schools and factories, to begin the vast enterprise of bringing their long quiescent lands into the dynamic life of the 20th century. Clearly, the aspiration to economic development is one of the powerful moti- vating forces in the world. It gives promise and stbstance and hope to the nationalism of the emerging nations It has created new ferment in the world, new hopes and new dangers which the advanced nations, Communist as well as free, have tried to influence through military, economic, and technical as- sistance programs of unprecedented magnitude. The aspirations of the poor nations are the occasio:n but not really the rea- son for the American foreign aid pro- gram The reason for our aid?I think we must admit?lies in our own aspira- tions rather than those of the recip- ients, or, more precisely, in the profound effects which their aspirations have on our own prospects for peace and security. Looked at in this way, foreign aid is not a special undertaking like an earth- quake or famine relief program, but an instrument of policy=a normal instru- ment of policy like diplomacy, military power or intelligence, each of which is designed to achieve certain objectives which cannot readily be obtained by other means. I should like in these brief remarks to offer a few suggestions as to why foreign aid is a necessary instru- ment of American foreign policy, as to the kind of instrument it is and the kind of objectives it is likely to help attain. The subject is not one which the Sen- ate has neglected. Unlike certain other programs?some of at least equal im- portance and some of vastly greater mag- nitude?.foreign aid has inspired many hours of colloquy and debate, including 3 full weeks of most enlightening discussion only a few months ago. There is therefore little to be said about for- eign aid that has not been said before, but the case for the aid program is no less valid for being familiar. It is, in- deed, as strong a case today as it was when General Marshall spoke at Har- vard in 1947, and in some respects the prospects of our aid achieving its objec- tives are decidedly better today, after 17 years' experience, than they were When aid was a new and untested instrument of policy. Of the bill itself little need be said. Its content is spelled out in the report of the Foreign Relations Committee and is in any case familiar. All that is mark- edly new about this year's foreign aid bill is the amounts proposed to be au- thorized, which are greatly reduced be- low the levels of previous years. It may be that the reductions have been' too great; it may be that the program will function more effectively on a smaller scale. It is clear in any case that the proposed authorization cannot be fur- ther reduced without undermining the aid program as an instrument of Ameri- can foreign policy. The President has indicated that he regards this year's foreign aid request as the minimum consistent with the main- Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 1964 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 CONGRESSIONAL RECORD ? SENATE 17133 tenance of a reasonably effective pro- gram. In reducing the authorization request to a total of $3.5 billion the ad- ministration has accommodated itself to the doubts and criticisms of the foreign aid program which has been expressed in the Congress in recent years. I strongly recommend that the Senate now respond by authorizing and then ap- propriating the full amount approved by the Foreign Relations Committee, which is only slightly below the amount re- quested by the President. Before commenting on aid as a broad instrument of American policy, I would like to point to certain very important improvements which have been made in the aid program in response to the wishes of Congress. First. American economic and mili- tary assistance, once quite diffuse, has become highly concentrated. Two- thirds of all development lending funds In fiscal year 1965 will go to seven coun- tries which have demonstrated their ability to make effective use of develop- ment capital: Chile, Colombia, Nigeria, Turkey, Pakistan, India, and Tunisia. Two-thirds of all military assistance will go to 11 countries along the periphery of the Soviet Union and Communist China. More than four-fifths of supporting as- sistance funds will go to four countries: Vietnam, Korea, Laos, and Jordan. Se- lectivity is high and becoming higher: 17 nations which once received economic assistance from the United States no longer receive it and another 14 countries are approaching the point where they will no longer need soft loans and grants. Second. The disproportion between American aid programs and those of other prosperous free world nations is being steadily reduced. In April 1963 the DevelopmexA Assistance Committee con- cluded an agreement on liberalizing aid terms which is having a constructive ef- fect. France, which already contributes a higher proportion of its gross national product to foreign aid than does the United States, has indicated its inten- tion of sustaining a high level of aid. Britain and Canada have committed themselves to larger aid programs on liberalized lending terms. Germany's , aid program has grown progressively larger and its lending terms more generous. Third. The President's request for $3.5 billion for fiscal year 1965 is the second smallest since the beginning of the Mar- shall plan in 1948 and, in proportion to the Nation's growing resources, this year's request is by far the smallest bur- den since foreign aid began. In 1949 the amounts appropriated by Congress for military and economic assistance were 11.5 percent of the Federal budget and 2 percent of the Nation's gross national product. The current request is for less than 4 percent of the budget and only 0.6 percent of the gross national product. As the Secretary of State pointed out In his statement before the Foreign Rela- tions Committee, certain facts about for- eign aid indicate that the program is sound and markedly improved along lines recommended by Congress; with two-thirds of development lending going to 7 countries and two-thirds of military assistance going to 11 countries, the program is highly concentrated; three-fifths of all economic assistance is now in the form of dollar repayable loans; 80 percent of all foreign aid funds is spent in the United States, with the result that the adverse effect of foreign aid on the Nation's balance-of-payments Is negligible; criteria of development lending and self-help have been improved with experience; allied countries are mounting larger aid programs on more liberal terms; the program is a diminish- ing burden on the Nation's resources, the smallest by far since foreign aid became an established instrument of American foreign policy at the end of World War II. Much of the controversy which has at- tended the annual debate of Congress on foreign aid is rooted, I suspect, in our reluctance to regard foreign aid as a normal instrument of American foreign policy like diplomacy and military power. Foreign aid has been described as every- thing from a sacred mission to a crimi- nal lunacy, but the Nation has yet to form a consensus on the significance of foreign aid as it has worked out in prac- tice, that is to say, as a perfectly rational tool of policy, no better or worse than any other in moral terms, one which has sometimes succeeded and sometimes failed and one which should be used or not used in any particular situation de- pending upon the objectives at stake and the prospects for success or failure under the circumstances of the case. Through the years we have treated aid as something abnormal, presumably be- cause it represents a use of national re- sources for a purpose other than our own direct consumption. This indeed is the basis of virtually all criticism of the aid program: that it diverts resources from the immediate needs of our own society. And so indeed it does, but the point which is overlooked by the opponents of aid is that it is only one of a number of national programs which divert resources from the needs of our people and in fact one of the least costly. I share the concern of my colleagues who deplore the diversion of the Nation's resources. This country has great and growing problems ranging from public transportation to public education which are not now being solved and which can only be solved by costly public programs. The diversion of public funds to foreign commitments is therefore a matter of wholly justifiable regret. It is, however, an impenetrable mystery to me why it is that our fears of extravagance and waste are so overwhelmingly focused on foreign aid rather than on other, more costly programs. It is an impenetrable mystery to me why it is that in 1963 the Senate authorized a $3.6 billion aid program only after 3 weeks of rancorous debate and Immediately thereafter approved a space budget of over $5 billion with only per- functory debate. This, of course, is to say nothing of our annual military budg- ets of over $50 billion, which have re- cently been approved with no more than a few judicious queries by the Senators from South Dakota [Mr. McGovsinsr/ and Wisconsin [Mr. NELSON]. Unless it is believed that the defense and space programs are models of econ- omy while foreign aid is by some mystery of its own nature scandalously extrava- gant, we can only conclude that the op- position to foreign aid is not primarily economic but political, that it is not the diversion and possible waste of national resources that troubles the opponents of aid but aid itself as an instrument of national policy. The issue, it seems clear, is not one of economy?if only because there is relatively little to be wasted in the foreign aid program and because so much in fact is wasted elsewhere with- out giving us undue concern?but rather one of the purpose and effectiveness of aid as an instrument of national policy. The objective of American aid pro- grams is to contribute to the develop- ment of a world environment in which free societies, notably our own, can sur- vive and prosper in peace and reasonable security. The apparently unanswered question in our continuing public de- bate about aid is not one of economy but whether in fact our aid programs do con- tribute to the realization of this objec- tive, As Prof. Edward S. Mason of Har- vard has put it: If there is some reasonable expectation that economic development assistance can make a significant contribution to the peaoe and security of the West, it is surprising how small a financial sacrifice the countries con- cerned are willing to make to this end. ? ? If economic aid is considered to be an in- strument of foreign policy, it seems really a rather small instrument to deal with such a very large problem. Foreign aid must be judged by the political criterion of whether it does or does not contribute to the security of the United States. I think it is clear beyond any doubt that it has contributed to our national security. Are we not more secure, to take one example among many, then we would otherwise be for having helped democratic India to make a modest success of her economic de- velopment program? Is the Western Hemisphere not more secure against Communist subversion as a result of even the limited accomplishments of the Al- liance for Progress than it would be if we had left our Latin American neigh- bors to fend for themselves? Are our interests in Africa not more secure for having helped finance the United Na- tions Congo operation than they would be if we had left the Congo to chaos? And who would question the effectiveness of the Marshall plan not only in bol- stering our security but in preventing an irremediable disaster for the West? It seems clear? As Herbert Fels has put it? that as a nation, we invest, lend, give, in- struct, rescue, and resuscitate needy peo- ples in the belief that it will advantage our national security and reputation as well as our souls. To acknowledge the importance and validity of foreign aid as an instrument of American foreign policy is not to as- sert its supreme importance or universal validity. It is in fact a limited instru- ment and must be appreciated as such if it is to be appreciated at all. It is a mod- Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17134 CONGRESSIONAL RECORD-- SENATE August 1 est element of our overall policy and a marginal factor in the economics of the recipient countries. Its success or fail- ure thus depends on a great deal more than the amounts that are provided and the eflidency with which they are dis- pensed and put to use. Foreign aid is inseparable from the political, commer- cial, ard defense policies of the donor and from the overall defense and social and economic development programs of the recipient. Only if we view our aid programs in their total context can we free ot rselves of both excessive hopes and un warranted disappointments. We must not judge OUT aid program by impossible standards of achievement. It is not going taeliminate poverty and un- rest and instability in the world. Even if it were magnified beyond any level. which *low wain's- feasible, our aid would. not elireinate these problems because it is simply beyond our means?material, moral, and political?to elevate two- thirds of the human race from poverty to abundance. But it does not follow from the fact that we cannot solve a problem that we should do nothing to try to alleviate it. An imperfect instrument Is better than no inazument and modest progress is patently, better than no progress at all. It is by the criterion of modest progrese that w 3 must evaluate foreign aid. Just as it makes no sense to think of disband- ing. oue Armed Forces because they mar not always secure the Nation against military dangers, it makes no sense to talk of terminating our foreign aid pro- gram because it serves only to alleviate rather than resolve worldwide problems of development and defense. Fire de- partments do not prevent losses from fires; the police do not prevent all crime; but wt o would suggest that we do with- out them? Nor should we underestimate the im- portance of modest progress. It is fre- quently pointed out, for example, that even ii the development programs of the poor nations are quite successful in, say, the next 20 years, the disparity between their living standards and those of the advanced nations is likely to become greater, not less, than it is now. This is probably true, but it tells us nothing of the probable effects of economic prog- ress. & marked increase in the affluence of an already affluent America is likely to hat e only minor political consequer.- ces, bet even small advances in diet and housing and education in a poor country can make a vital difference between hope and despair, between stability and din.. order, between democracy and dictator- ship. Thu ;? As Herbert Feis puts it? one nay anticipate that the disparity in human condition and experience will lessen, although differences in money income will grow greater. For sign aid, as I have suggested, can cont.: bute to the development of a secure world environment for the free societies only as part of a grand strategy for se- curity and peace. No matter how well conceived and administered, foreign aid can be of little value if our diplomacy is clumsy or if our defenses are neglected. It can contribute little to our security if the problems of our own country--prob- lens of education and employment, of slums and crime and the physical de- terioration of our cities--are left unre- solved to destroy the magnetism of our own example as a free society. And :finally, if it is to contribute to our secu- :city, foreign aid must be related not only ":43 our short-term strategy for the con- sainment of Communist expansion, but ,also to our long-term strategy for allevi- ating the cold war and developing peace- ful and stable relations between the Com- munist nations and the free nations. In the context of the cold war the ob- jective of our aid programs is to help build stable and viable nations in Asia, Africa, and Latin America, nations with the capacity to resist Communist aggres- sion and subversion and with reasonable Prospects for both democracy and eco- nomic development. Our aim is not to build nations which will, be profusely grateful to the United States, never an- noy or displease us, anti follow us loyally on all international questions. If these were our objectives, a more effective pro- gram would be the immediate termina- tion of our aid program and the use of all it,s funds and a great deal more for the training and equipment of mass armies of occupation. Ingratitude is disagreeable but not dangerous and slavish compliance is a ' characteristic for which a free society has no use, either in itself or in its asso- ciates. The fact remains, nonetheless, that the United States should and must expect the recipients of its aid to meet certain basic criteria in their interna- tional behavior. First and foremost, we have the right to expect the recipients of our aid to act vigorously and effec- tively to preserve their own Independence against Communist incursions. In addition, we have the right?as Fels expresses it-- to expect and ask that any nation to which we give substantial help will not do the "United States serious harm; that it will stand with us in any critical issues if it wishes our help in the future. Our foreign aid program must also be an integral part of a global strategy of peace. Its broad objective, I have sug- gested, is to help create a world environ- ment in which free and self-governing societies can. survive and prosper in peace and reasonable security. Such a world environment requires the abatement of both the national and ideological differ- ences that divide the Communist nations from the free nations and the pro- found social and economic disparities be- tween the rich nations and the poor na- tions. If our aid program is to be true to its own objective, therefore, it must be part of an overall strategy aimed at both the development of the poor nations and the relaxation of the cold war. Our long-term objective must be the gradual development of an attitude of mutual toleration on the part of all countries for all other countries. They may or may not be friends, but they still can and should cooperate to their respective ad- vantages regardless of ideology and wealth. Looked at in this way, our foreign aid program can be described as an instru- ment of policy designed in the short tun to help wage the cold war and in the long run to help end it. As important as it is in the immediate future to help the less developed nations resist the incur- sions of an expansive communism, it is equally important that they be prepared to play a constructive role in encouraging the development of peaceful and stable relations among the nuclear powers. There is no contradiction between the short-term goal of strengthening our po- sition in the cold war through our aid programs and the long-term goal of end- ing the cold war. By drawing the less developed countries into a free and de- veloping concert of nations, we can fere- close the Communist hope of gaining control or predominant influence over Asia, Africa, and Latin America just as the Western Alliance has foreclosed Communist ambitions in Europe. When this is done, when the Communist Pow- ers are confronted on every side with virtually insuperable obstacles to expan- sion, it will then be possible to offer them an end of the cold war by making it clear that we have no hostile designs against them, that they can have secure and un- troubled national existences within their own frontiers so long as they rentain within their own frontiers; and that we are prepared to welcome them as asso- ciates in a peaceful and cooperative community of nations. The objective is admittedly ideal. It may perhaps be unattainable but I do not, think it is unapproachable. An ob- jective does not have to be within our reach to be worth pursuing. Ideals? Said Carl Schurz? are like stars; you will not succeed in touch- ing them with your bands. But like the seafaring man on the desert of waters, you choose them as your guides, and following them you will reach your destiny. Mr. President, I ask unanimoua eon- sent that, there be printed at this point in the RECORn a letter sent to me by David Bell, the Administrator of the Agency for International Development, and an at- tached preliminary report on the amount of unobligated balances as of June 30, 1964, for the military and eco- nomic assistance programs. The report shows a total unutilised balance of $22 million as of June 30? 1964, the lowest at. the end of a fiscal year in the history of the program. There being no objection, the letter and report were ordered to be printed in the RECORD, as follows: DEPARTMENT OP STATE, AGENCY FOR INTERNATIONAL DEVELOPMENT, Washington, D.C., July 8 1964. Hon. I. W. FULBEIGHT, Chairman, Commitee on Foreign Relations, Senate, Wasitington, D.C. DEAR MR. CMPAIRMAN: You Will be inter- ested, I believe, in the attached preliminary report showing the amount of unobligated- unreserved balances, as of J, me 30, 1064, for the military and economic programs iMiler title I of the Foreign Assistance Appropria- tion Act of fiscal year 1964. These are not final figures. They are based on "Sash" re- ports from our field missions and prec/osing trial balances in our Washington accounts. Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 1964 Approved For Release 2002/_91L23 : CIA-RDP75600380R000800130032-9 CONGRESSKPINAL RECORD - SENATE 17135 Later changes in these figures, however, are not expected to be large. You will note from the attached table that $152 million of available military and eco- nomic funds were =utilized as of June 30, 1964. In addition, $6.8 million of principal repayments and interest had accrued in the development loan accounts but were not legally available for obligation during the fiscal year. The total of $22 million is the lowest unutilized balance at the end of a fiscal year in the history of the program. These low figures are evidence of the fact that fiscal year 1964 was an unusual year in terms of demands placed upon the foreign assistance program. Normally we would ex- pect to have an appreciable balance left in the contingency fund. This year, however, it was necessary to use the entire contin- gency fund to meet exceptional requirements for military aid and to deal with the changed situation arising in Brazil this spring. If there is any additional information that we can furnish in this regard, please do not hesitate to call. Sincerely yours, DAVID E. BELL. MUTUAL DEFENSE AND DEVELOPMENT PROGRAMS-17NOBLIGATED/UNRESERVED BALANCES I Fiscal yearend balances compared, fiscal year 19642 and fiscal year 1968, as of June 80, 1964 [In millions of dollars] June 30 1964, prelhninary June 30, 1963, actual Avail- able Not avail- able for obliga- tion' Total Avail- able Not avail- able for obliga- tion' Total Economic assistance: Development loans Alliance for Progress loans Technical cooperation/development grants Alliance TC/grants Inter-American social and economic program_ _ Supporting assistance International organizations Contingency fund Administrative expenses, AID Administrative expenses, State Survey of investment opportunities American schools and hospitals abroad: Regular program Foreign currency program Total, economic -r Military assistance Total, military and economic, (4) 0) 6. 0 .1 . 2 4.0 . 8 1. 3 . 5 1.2 .1 4. 6 2. 2 4. 6 2. 2 6, 0 .1 . 2 4.0 .8 1.3 . 5 1.2 . 1 96. 2 92.0 47.3 2.7 1. 8 6. 0 .3 127. 1 2. 0 (4) 1. 1 .1 24 120. 2 92. 0 47.3 2.7 1. 6 6. 0 .3 127. 1 2.0 (9 1. 1 .1. 14. 2 1.0 6.6 21.0 LO 376. 4 22. 3 24 400.4 22. 3 15.2 6.8 22.0 398. 7 24 422.7 I Excludes nonbudgetary accounts-investment guarantees, excess property revolving fund, and MAP credit sales account. 2 Preliminary data based on preclosing trial balance. 'Represents funds not legally available for obligation during the fiscal year. 4 Loss than $50,000,000. Mr. MORSE. Mr. President, will the distinguished majority leader yield me 20 seconds? Mr. MANSFIELD. I yield. Mr. MORSE. Mr. President, because of the schedule of the Senate, I shall postpone until Monday my reply to the speech of the distinguished Senator from Arkansas, in which he supports the for- eign aid program. I shall oppose the bill and offer a series of amendments start- ing on Monday. PROGRESS OF LEGISLATION Mr. MANSFIELD. Mr. President, it is the intention of the leadership to move shortly that the Senate adjourn until 12 o'clock noon on Monday next. Before doing so, I should like to make the fol- lowing statement: Since the reconvening of the Senate on July 20, after the Republican conven- tion, the Senate has passed a number of major bills, including a score of Presi- dential recommendations. Most of these bills, if not all, have been passed by bi- partisan effort. Therefore, credit is due both parties. Among the major achieve- ments are the following: An across-the-board increase for mili- tary personnel, through the efforts of Senators RUSSELL, SALTONSTALL, STENNIS, and the other Members of this body, be- cause, as I recall, the bill was passed unanimously. A bill to clarify the complicated dual compensation laws, which was so capably handled by the distinguished Senator from Texas [Mr. YARBOROUGH], and later by the distinguished Senator from South Carolina [Mr. JOHNSTON]. In this re- spect, my distinguished colleague from Montana [Mr. METCALF] and the distin- guished Senator from Delaware [Mr. WILLIAMS] raised questions which helped to sharpen the issue and, as a result, en- abled the Senate to pass a better bill. A bill to prohibit futures trading in potatoes on commodity exchanges, which was passed largely through the efforts of the distinguished Senator from Maine [Mr. Musxm] and the distinguished Senator from Vermont [Mr. Amur], the senior Republican in this body. The antipoverty bill, to which much credit is due Senators MCNAMARA, JAVITS, KEATING, FULBRIGHT, WILLIAMS of New Jersey, and many other Senators, who put their shoulders to the wheel in sup- port of the measure. A military construction bill, which was cleared for White House action due pri- marily to the intensive efforts of the dis- tinguished Senator from Georgia [Mr. RUSSELL], the distinguished Senator from Mississippi [Mr. STENNIS], and the ranking Republican on the Armed Serv- ices Committee, the distinguished Sena- tor from Massachusetts [Mr. SALTON- STALL]. The appropriation bills cleared by this body in the past 10 days were as follows: The defense appropriation bill, under the leadership of the distinguished Sena- tor from Georgia [Mr. RUSSELL], and ably assisted by the distinguished Sena- tor from Mississippi [Mr. STENNIS], the distinguished Senator from Missouri [Mr. SYMINGTON], and the distinguished Senator from Massachusetts [Mr. SAL- TONSTALL] ; the legislative appropriation bill, under the managerial skill of the distinguished Senator from Oklahoma [Mr. MONRONEY], the distinguished chairman of the Appropriations Com- mittee [Mr. HAYDEN], and the ranking Republican, the distinguished Senator from Massachusetts [Mr. SALTONSTALL]; the District of Columbia appropriation bill, which was passed yesterday and was managed so superbly by the distin- guished Senator from West Virginia [Mr. BYRD]; the conference report on the Treasury-Post Office appropriation, which was cleared for the President, and was ably steered by the distinguished Senator from Virginia [Mr. ROBERTSON]. That bill, as the distinguished Senator from Wyoming [Mr. SimesoN] is aware, contains an appropriation of $600,000 for the minting of 45 million silver dollars. This is good news for our States. Also, a veterans housing bill to which great credit should go to the distin- guished Senator from Alabama [Mr. SPARKMAN], a bill supported by all Mem- bers Of the Senate. The ratification of five important treaties. An extensive housing bill, through the great efforts and skill of the distin- guished Senator from Alabama [Mr. SPARKMAN] and who was ably assisted by the distinguished Senator from New Jersey [Mr. WILLIAMS] , the distinguished Senator from Pennsylvania [Mr. CLARK], the distinguished Senator from New Hampshire [Mr. MCINTYRE], the distin- guished Senator from New York [Mr. JAvirs], and through the cooperation of the distinguished Senator from Texas [Mr. TOWER], whose opposition was most constructive and whose suggestions helped make it possible to have a better bill. The establishment of a Commission on Automation and Technology, so much needed in our times, and for which the Senate is indebted to the distinguished Senator from Pennsylvania [Mr. CLARK], the distinguished Senator from West Virginia [Mr. RANDOLPH] , the distin- guished Senator from Oregon [Mr. MORSEL and the distinguished Senator from New York [Mr. JAvrrs], the latter two of whom submitted the original resolution on automation. A $2.3 billion highway authorization bill, cleared largely through the efforts of the distinguished Senator from West Virginia [Mr. RANDOLPH], the distin- guished Senator from Michigan [Mr. MeNAmAnA], and the ranking minority member of the Committee on Public Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 17136 CONGRESSIONAL RECORD ? SENATE August 1, 1964 Works, the distinguished Senator from Kentucky [Mr. Comma]. A bill to implement the International Coffee Agreement, which was passed largely through the efforts of Senators SMATHERS, AIKEN, and MORSE, but also through the efforts of Senator DOUGL and Senator CARLSON whose sincere and constructive opposition contributed so greatly in making an outstanding legis- lative history and which put the State Department on notice that the Senate. will watch this quota system most care- fully emecially as it relates to an in- crease .;n coffee prices. The iassage this morning of the Hill- Burton Hospital Construction Act, under the superb leadership of the distin- guished Senator from Alabama, who is a perernial in this respect. The passage of the National Defense Education Act, under the excellent and outstanding floor managership of the distinguished senior Senator from. Oregor [Mr. Molise], ably abetted and supporsed by the distinguished Senator from Vermont [Mr. Peotors]. In praising the Senate as a whole and attempting to single out some members for their skill, effort, and cooperation in connection with specific pieces of legisla- tion, some will always be inadvertently omitted from the list, but one who could. never de forgotten is the distinguished minority leader [Mr. DIRICSEN3 ; I must say that the effort that brought about these achievements could never have been sccomplished without the leader- ship, counsel, spirit of cooperation, and duty aeways manifested by him. Next week, we hope to conclude action on the independent offices bill, perhaps the public works bill, and also the agri- cultural appropriations bill. It is anticipated that we will bring up legislation having to do with nurses training, and also the interest equaliza- tion Let me say to all Senators on both sides cf the aisle that we have made great progress. I with to personally thank each Sena- tor for his valuable contribution in as- sisting- the leadership to get these meas- ures through so expeditiously. Mr. MORSE. Mr. President, will the Senator from Montana yield? Mr. MANSisIELD. I yield. Mr. MORSE. The majority leader, as usual, has been very gracious in expres- sing 3.ppreciation to those who have helped to put through the legislative progn un. All Senators know?and I would have the country know?that if it were not for the able leadership of the majorisy leadee, his ability to handle men, his deftn .1ss in carrying out a very difficult assignment, none of these pieces of legis- :lotion would have been enacted. The en- tire Senate and the entire country owe the Senator from Montana a great debt of gratitude for his statesmanship. Mr. MANSFIELD I am indebted to the Senator from Oregon for his kind re- marks. COFFEE PRICES ALREADY GOING UP AFTER ENACTMENT OF H.R. 8864, THE INTERNATIONAL COFFEE AGREEMENT YESTERDAY Mr. DOUGLAS. Mr. President, I ap- preciate the gracious references of the Senator from Montana about the efforts of the Senator from }Kansas and the Sen- ator from Illinois in opposing the coffee. bill yesterday. I especially appreciate his statement that Senators should keep close watch on what will happen after Passage of the bill. Mr. President, I hold in my hand a copy of the New York Times for this morning, which on page 30 gives the movement of future prices in coffee on Friday as compared with Thursday. I should like to read two of these fu- tures. When the market closed on Thursday, March futures for 1965, on B grade coffee stood at 47.23 cent; per pound. When the market closed last night, after we had passed the bill, it stood at 47.74 cents per pound?an increase of 0.51 cents per pound, or approximately one-half cent. May futures which had been 47.11 cents per pound on Thursday, after the market closed last night was 47.68 cents per pound, or an increase of 0.5'7 cents per pound, or slightly over one-half a cent. Each cent of increase in the price of coffee means from $30 to $35 million to the American consumers. The increase yesterday, which will probably be reflect- ed in subsequent inereases, amounted to $15 to $17 million. This is precisely what the Senator from Kansas and the Senator from Illi- nois had prophesied would happen. This increase was undoubtedly due to the pas- sage of the bill yesterday. So far as I know, there was na change in weather forecasts for BraeL or for anywhere in Latin America to justify any expectation that the supply of coffee would diminish. There was no information to indicate that there had been any expected in- crease in demand. What happened was that we had passed the coffee bill. The news reached New York and the specula- tors decided that this meant prices next year would be higher than this year. Mr. President, this is only the begin- ning. This is mereiy the first installment on the bill. This is merely the reaction in the first hours after our action yes- terday. The Coffee Council is meeting now, as I understand, in London, and will meet again next week to make its final deci- sion on quotas. It will be very interest- ing to see what they do. Yesterday's trading indicates that the Senator from Kansas and the Senator from Illinois were correct as to the effect of this pact upon the future course of coffee prices. The chickens are coming home to roost, but they are not coming home to those who supported this measure; they are coming home to the American people. They are coming home to the families of the plainsmen out West who drink their cups of coffee to brace themselves against the asperities of the weather. They are coming home to the people who live in the small towns and in the big cities. They are coming home in the form of an increased price of coffee. It is my intention, in conformity with the excellent admonition of the Senator from Montana, to try to keep watch from time to time on what happens to coffee prices. I can say that they began yesterday afternoon, just as I expected them to begin?with an increase. Mr. SIMPSON. Mr. President, let me say to the Senator from Illinois that I concur with him in his remarks, and I trust that a check on these coffee prices will be made anclart record kept. Mr. President, I rise to commend the majority leader for his fairness, his un- derstanding, and his generosity with respect to the accomplishments of this body in the past few weeks. The majority leader is always fair and just. He conducts himself with impec- cable integrity. His remarks as to the work of the minority leader and the cooperation given on this side of the aisle are another indication of that integrity, and I thank him wholeheartedly. Mr. MANSFIELD. Mr. President, I thank the Senator from Wyoming most sincerely for his comments. ADJOURNMENT UNTIL MONDAY Mr. MANSFIELD. Mr. President, if there is no further business to come be- fore the Senate, I move that the Senate stand ha adjournment until 12 o'edock noon on Monday. The motion was agreed to; and (at 12 o'clock and 8 minutes p.m.) the Sen- ate adjourned until Monday, August 3, 1964, at 12 o'clock meridan. Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23 : CIA-RDP751300380.R0008001130032-9 Saturaay, August 1, 1964 Daily Digest ? HIGHLIGHTS Senate passed 16 sundry bills, including ones on defense education, impacted area schools, and on hospital facilities, and considered foreign aid bill. Senate Chamber Action Routine Proceedings, pages 17083-17103 Bills Reported: Reports were made as follows: S. 2419, authorizing condemnation of certain prop- erty in St. Augustine, Fla., for the Castillo de San Marcos National Monument (S. Rept. 1290); S. 1909, authorizing funds for the operation of the Battle of New Orleans Sesquicentennial Celebration Commission (S. Rept. 1291) ; and S. 1481, providing for the establishment of Agate Fossil Beds National Monument, Nebr., with amend- ments (S. Rept. 1292). Page 17083 Sundry Bills Passed: By unanimous consent, the fol- lowing 16 sundry bills were taken from calendar and passed, as indicated: Without amendment and cleared for President: Hospital facilities: H.R. 10041, authorizing funds for improved hospital and medical facilities; Public lands?Alaska: H.R. 8523, authorizing con- veyance of certain lands to the city of Saxman, Alaska; Public lands?Alaska: H.R. 8654, to terminate the restriction on the use of certain land conveyed to Fair- banks, Alaska; Nevada water: H.R. 1892, to repeal the right to pros- pect for underground water on designated public lands - in Nevada; Armed Forces dependents: H.R. 4739, regarding ad- vance movement of Armed Forces' dependents and bag- gage and household effects from overseas areas; Armed Forces: H.R. 2989, to permit the continued crediting of pay to members of Armed Forces who are detained in foreign countries against their will; Indians: H.R. 10973, providing for disposition of judgment funds to the Lower Pend d'Oreille or Kalispel Tribe of Indians; and Private bill: One private bill, H.R. 5302. With amendment, to be sent back to House: independence National Park: H.R. 988, authorizing acquisition of the Graff House Site for inclusion in In- dependence National Historic Park, Philadelphia. Without amendment and cleared for House: Education: S. 3060, proposed amendments to the National Defense Education Act, including a 3-year extension of that act, and a 2-year extension of im- pacted areas education legislation (motion to reconsider tabled); Merchant marine: S. 2995, to amend the Merchant Marine Act in order to extend the time for commitment of construction reserve funds; ROTC flight instruction: 5.3063, to make permanent the authority for flight instruction for members of the ROTC; Armed Forces?"turncoat" pay: S. 3062, to provide for the withholding of pay of military personnel who, while prisoners of war, aid the enemy; and Meteorology: S. 970, authorizing Secretary of Com- merce to utilize funds received from State and local governments for special meteorological services. With amendment and cleared for House: Oceanography: S. 2552, to exempt oceanographic re- search vessels from the application of certain vessel in- spection laws; and Fort Bowie Historic Site: S. 91, authorizing the estab- lishment of the Fort Bowie National Historic Site, Ariz. Apes 17103-17132 Foreign Aid: Senate continued its consideration of H.R. 11380, fiscal 1965 authorizations for the foreign aid program. Pages 17103,17132-17135 Program for Monday: Senate met at io a.m. and ad- journed at 12:08 p.m. until noon Monday, August 3, when it will continue on H.R. 11380, foreign aid authorizations. Page 17136 Committee Meetings No committee meetings were held. D621 Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9 Approved For Release 2002/01/23: CIA-RDP751300380R000800130032-9 D622 CONGRESSIONAL RECORD ? DAILY DIGEST August 1, 196.4 House of Representatives Committee Meetings No committee meetings were held today. Chamber Action The House was not in session today. 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