4362 CONGRESSIONAL RECORD - HOUSE March 8, 1965

The junior Senator from Louisiana OFFICE OF ECONOMIC OPPORTUNITY to amend our Constitution. If this mis­ gained the impression that the Senator Jack T. Conway, of Michigan, to be Deputy guided effort succeeds, the first duty of from Pennsylvania was prepared to vote Director of the omce of Economic Opportu­ such a convention should be a reexami­ on either one or a number of his amend­ nity. nation of the doctrine of States rights The following-named persons to be Assist­ ments as soon as he felt that Senators ant Directors of the Office of Economic Op­ as it affects constitutional rights. generally were aware of what he was portunity: The people of the United States cannot proposing to do and the changes he had Glenn W. Ferguson, of Maryland. and will not condone outrages such as in mind. Otis A. Singletary, of North Carollna. that which occurred at Selma yesterday. I suggest that we go ahead with the Theodore M. Berry, of Ohio. unanimous-consent agreement that we have and that those of us who try to • • .... • • STATE DEPARTMENT'S WHITE repr~sent the leadership here clear the PAPER ON VIETNAM matter with the Senator from Pennsyl­ HOUSE OF REPRESENTATIVES Mr. MORRIS. Mr. Speaker, I ask vania and try to alert him when the unanimous consent to address the House discussion on the labor problem comes MONDAY, MARCH 8, 1965 for 1 minute. to an end. I should not be at all sur­ The House met at 12 o'clock noon. The SPEAKER. Is there objection prised if the hour of 1 o'clock arrived and The Chaplain, Rev. Bernard Braskamp, to the request of the gentleman from the discussion of the labor problem was D.D., quoted from the epistle of I Peter New Mexico? still continuing, in addition to the morn- 5: 7: Cast all your care upon Him, for He There was no objection. ing business. · careth for you. Mr. MORRIS. Mr. Speaker, over the Let us pray: weekend I read an advertisement ap­ pearing in the New York Times called a REPRINTING OF REMARKS BY o Thou who are the Lord God Al­ reply to the State Department's white MEMBERS OF CONGRESS ON mighty, grant that we may meet the paper on Vietnam. UKRAINIAN PROCLAMATION OF duties and responsibilities of this new Apparently this advertisement is the INDEPENDENCE week with a resolute faith in the guiding brainchild of a publication known as I. F. and sustaining presence of Thy spirit. Stone's Weekly. Fronting for this so­ Mr. SCOT!'. Mr. President, it is the May we share the blessings of Thy intention of Representative FLOOD, of divine providence with the needy mem­ called independent weekly newspaper in Pennsylvania, to reprint the remarks bers of the human family and in a spirit solicitation of funds for a surrender in made by various Senators and Repre­ that is truly indicative of a personal in­ South Vietnam is a Dr. H. A. Crosby sentatives on the occasion of the 47th terest in their welfare and happiness. Forbes. As you can imagine, this article anniversary of the Ukrainian proclama­ Inspire us with a clear understanding is critical of our actions and policies in tion of independence in booklet form. and appreciation of the greatness and South Vietnam and suggests very strong­ If any Members of the Senate object to glory of the ideals and principles of our ly that we should surrender and leave the reprinting of their remarks, kindly democracy which we cherish. the people of South Vietnam to the Com­ contact Mr. Raymond F. Noyes, the CON­ May we feel the constraints and cer­ munists who are determined to force GRESSIONAL. RECORD clerk. The purpose tainty of its ultimate triumph when men their will upon all freedom-loving peo­ of this statement is to conform to the and nations shall be members of the king­ ple. Their arguments for surrender are rules of the Joint Committee on Printing. dom of peace and brotherhood. just as shortsighted as Prime Minister In Christ's name we pray. Amen. Neville Chamberlain's theory of "peace at any price" during the late 1930's in ADJOURNMENT TO 11 A.M. the United Kingdom's relations with TOMORROW THE JOURNAL Nazi Germany. The PRESIDING OFFICER. What is The Journal of the proceedings of Fri­ This article states that the North Viet­ the will of the Senate? day, March 5, was read and approved. namese support for guerrillas in South Mr. CLARK. Mr. President, I move Vietnam is no more of a secret than the that under the previous order, the Sen­ U.S. support of the South Vietnamese ate ;tand in adjournment until 11 o'clock MESSAGE FRO:J'.14 THE PRESIDENT Government against them. This is true tomorrow morning. A message in writing from the Presi­ but there is one very, very basic differ­ The motion was agreed to; and (at dent of the United States was communi­ ence in these two positions-the U.S. 5 o'clock and 30 minutes p.m.) the Sen­ cated to the House by Mr. Ratchford, one Government is in South Vietnam at the ate, under the previous order, adjourned of his secreta:r:ies. invitation and urging of the South Viet­ until tomorrow, Tuesday, March 9, 1965, namese Government. The North Viet­ nam Communists are supporting naked at 11 o'clock a.m. THE SELMA, ALA., SITUATION aggression against their neighbors, the Mr. O'HARA of Michigan. Mr. Speak­ south. NOMINATIONS er I ask unanimous consent to address Stone's Weekly also suggested that we th~ House for 1 minute and to revise and and the South Vietnamese Government Executive nomination received by the have violated the Geneva Agreement on Senate March 5, 1965: extend my remarks. The SPEAKER. Is there objection the partition of Indochina. We have not REPRESENTATIVE TO 21ST SESSION OF ECONOMIC to the request of the gentleman from violated any such agreement because COMMISSION FOR ASIA AND FA,R EAST OF THE neither the United States nor the South ECONOMIC AND SOCIAL COUNCIL OF THE Michigan? There was no objection. Vietnamese Government were signatories UNITED NATIONS to the Geneva accords. Walter M. Kotschnig, of Maryland, to be the Mr. O'HARA of Michigan. Mr. Spe~k­ It is time to support our President's repr~sentative of the United States of Amer­ er, at Selma yesterday, a savage attack ica to the 21st session of the Economic Com­ was made upon American citizens at­ position in Vietnam, instead of gutter­ mission for Asia and the Far East of the Eco­ tempting to secure their right to vote. snipe attacks. nomic and Social Council of the United This storm-trooper-style action was un­ Nations. dertaken at the direction of a reckless demagog. It must have shocked and SCHEDULE FOR HEARINGS ON PRI­ Executive nominations received by the shamed every decent American. VATE IMMIGRATION BILLS Senate March 8, 1965: Our Speaker, JoHN McCORMACK, prop­ Mr. FEIGHAN. Mr. Speaker, I ask COAST AND GEODETIC SURVEY erly described yesterday's unconscion­ unanimous consent to address the House Subject to qualifications provided by law, able activities at his press conference for 1 minute and to revise and extend my the following for permanent appointment to this morning as a "disgraceful exhibition remarks. the grade indicated in the Coast and Geo­ of arbitrary power." detic Survey: The SPEAKER. Is there objection In this connection, it is interesting to to the request of the gentleman from To be lieutenant note that the advocates of States Ohio? Dee E. Kimbell rights now are calling for a convention There was no objection. March 8, 1965 CONGRESSIONAL RECORD .- HOUSE 4363 Mr. FEIGHAN. Mr. Speaker, many every possibility of improvement must protected from the criminal and that the Members have inquired of me concerning be explored; rights of society be recognized along with the progress being made by the Subcom­ To our correctional agencies. We can­ the rights of the individual. mittee on Immigration and Nationality not tolerate an endless, self-defeating As Mr. Justice Frankfurter once said: on private bills which they have intro- cycle of imprisonment, release, and re- · A democratic society, in which respect for ·duced. I am sure other Members who imprisonment which fails to alter un­ the dignity of all men ls central, naturally have introduced private bills are simi­ desirable attitudes and behavior. We guards against the misuse of the law en­ larly interested. must find ways to help the first off enders forcement process. Early in January, I requested the coun­ avoid a continuing career of crime. It has been said that the fa ult lies in sel assigned to the subcommittee by the No right is more elemental to our so­ poor living conditions, limited education, gentleman from New York [Mr. CELLER] ciety than the right to personal security and the denial of opportunity. to prepare a list of the bills ready for and no right needs more urgent protec­ consideration, together with a summary tion. Plainly, laws are less likely to com­ of the individual case involved and to Our streets must be safe. Our homes mand the respect of those forced to live present this material to me as chairman and places of business must be secure. at the margins of our society. Stability of the subcommittee. Mr. Cline, the Experience and wisdom dictate that one and order have little meaning and small counsel assigned, has not yet met this of the most legitimate functions of gov­ advantage to those who exist in poverty, request. As a consequence, the subcom­ ernment is the preservation of law and hopelessness, and despair. mittee has not been in a position to con­ order. The longrun solution to this view of sider any of the pending private bills. Our system rejects the concept of a crime is jobs, education, and hope. This As soon as the counsel assigned to the national police force. The protection re­ is a goal to which this country is now subcommittee meets my request, our sub­ sponsibilities lie primarily with State and committed. But we should remember committee will then be in a position to local governments. that not all crime is committed by those announce hearings on private bills. That is right and proper. who are impoverished or those denied Yet, crime is no longer merely a local equal opportunity. In any event, we problem. Every city, every State is trou­ cannot postpone our responsibilities to LAW ENFORCEMENT AND ADMINIS­ bled by the same hard statistical-and act against crimes committed today. TRATION OF JUSTICE-MESSAGE human-facts. The extent and serious­ It has also been said that the fault FROM THE PRESIDENT OF THE ness of the problem have made it of great lies in a deep moral decay, particularly UNITED STATES (H. DOC. NO. 103) national concern. among the young; that juvenile delin­ The SPEAKER laid before the House Crime is as old as history. It is hardly quency and high crime rates among the following message from the Presi­ new to America. · But in our increasingly younger adults have their origins in this dent of the United States; which was mobile, urban society, crime problems decay. read and referred to the Committee on are not only greater, they are immensely In our increasingly complex society, it the Judiciary and ordered to be printed: more complex. is becoming harder to perceive and main­ We have not stood idly by in the face tain clear moral values. But the great To the Congress of the United States: of these problems. Many cities and majority of our young people lead law­ Crime has become a malignant enemy States, as well as the Federal Govern­ abiding, creative lives. We need only in America's midst. ment, have developed new programs re­ look to the spirit which characterizes our Since 1940 the crime rate in this coun­ fiecting their growing concern. youth today-the spirit of the Peace try has doubled. It has increased five Yet the crime rate continues to in­ Corps, of VISTA, of commitment to the times as fast as our population since crease. well-being and welfare of society. While 1958. The time has come now to check that crime by young people in our society is of In dollars the cost of crime runs to growth, to contain its spread, and to very serious concern, it involves only a tens of billions annually. The human reduce its toll of lives and property. small proportion of our youth. costs are simply not measurable. I believe the way to do so is to give We must, in short, understand that the The problems run deep and will not new recognition to the fact that crime is reasons for the growth of crime are many yield to quick and easy answers. We a national problem-and to intensify our and complicated. We must accept hard· must identify and eliminate the causes crime prevention and crime fighting at facts at every turn. But like the related of criminal activity whether they lie in all levels of government. problems of poverty and of education, we the environment around us or deep in must face them squarely if we are to the· nature of individual men. This is a THE ROLE OF THE INDIVIDUAL succeed. And we must succeed. major purpose of all we are doing in The starting point for such efforts is Thus, while recognizing that the basic combating poverty and improving edu­ the individual citizen. Law enforcement responsibility rests on local authorities, cation, health, welfare, housing, and rec­ cannot succeed without the sustained­ we must also recognize the burdens they reation. and informed-interest of all citizens. now bear. To assist them in bearing -All these are vital, but they are not It is not enough to refiect our concern these burdens successfully, I propose- enough. Crime will not wait while we over the rise in crime by seeking out sin­ Increased Federal law-enforcement ef­ pull it up by the roots. We must arrest gle answers or simple answers. They do forts; and reverse the trend toward lawless­ not exist. The people will get observ­ ness. ance of the law and enforcement of the Assistance to local law-enforcement efforts; This active combat against crime calls law if they want it, insist on it, and par­ for a fair and efficient system of law en­ ticipate in it. A comprehensive, penetrating analysis forcement to deal with those who break It has been said, for example, that the of the origins and nature of crime in our laws. It means giving new priority fault lies with courts which- ''coddle modern America. to the methods and institutions of law criminals," or, on the other hand, that FEDERAL LAW-ENFORCEMENT EFFORTS enforcement- police officers do not observe the rights The average citizen is most directly To our police, who are our frontline, of the individual. concerned with what is called crime in both offensive and defensive, in the fight There is misunderstanding at times the streets. Crime of this kind-rob­ against crime. There is a great need between law enforcement officers and beries, muggings, housebreakings-are not only for improved training of police­ some courts. We need to think less, how­ the primary law-enforcement respon­ men but for all people to learn about, ever, about taking sides in such contro­ sibility of State and local governments. to understand, and to assist the police­ versies and more about our common ob­ When criminals cross State lines, how­ man in his work; jective: law enforcement which is both ever, Federal enforcement is also avail­ To our courts, traditionally the symbol fair and effective. We are not prepared able. Thus, Federal, State and local in­ and guardian of our cherished freedoms. in our democratic system to pay for im­ vestigators ll).ay all join to pursue the Local criminal courts are so overloaded proved law enforcement by unreasonable bank robber, the kidnapper or the auto that their functioning is impeded and limitations on the individual protections thief. Federal assistance in these ac­ their effectiveness weakened. More which ennoble our system. Yet there is tivities has been and can continue to be courts and judges is one answer, but the undoubted necessity that society be helpful. · 4364 CONGRESSIONAL RECORD - HOUSE March 8, 1965 In some areas, however, the Federal sistent with the public safety to give of­ ington shares with our large cities the Government has a special responsibil­ f enders a maximum opportunity for re­ special and· acute problems associated ity-organized crime, narcotic and drug turn to a normal life. with rapid urban population growth. control, regulation of gun sales, and law­ Increasing illegal sales of psychotoxic Both in its own right and as a model enforcement activities in the District of drugs, such as barbiturates and am­ for other cities, Washington can and Columbia. phetamines, must be controlled. These should be a focus for intensive efforts · 1. ORGANIZED CRIME sedatives and stimulants, taken so easily in crime prevention, the detection and Organized crime is a cancer in the city. . in pill form, have been termed the "dan­ prosecution of crimes, rehabilitation, and It has become an entrenched national in­ gerous drugs"-and with good reason. related activities. dustry. It embraces gambling, narcotics, senseless killings, robberies, and auto To assist in this effort, I will shortly stock and bankruptcy fraud, usurious accidents have resulted from the radical appoint the commission to which I re­ loans, or corruption of public officials or personality changes induced by the indis­ f erred in my message on the District of labor-management relations. criminate use of these drugs. Because Columbia. they are less expensive and more avail­ ASSISTANCE TO LOCAL AUTHORITIES Racketeering feeds on itself. Illegal able than narcotics, these drugs appeal gambling, for example, channels enor­ to a much broader cross section of our Whatever we may do to strengthen mous profits to other criminal avenues. population, particularly the young. Federal law enforcement, the principal The citizen is the loser. Our existing legal weapons are inade­ enforcement responsibility still rests on Organized crime also breeds lesser quate. I therefore urge the Congress to States and local governments-and that crime. The police in our large cities enact legislation to control the abuse of has become a very large burden indeed. know from daily experience how much these dangerous drugs without constrict­ The cost of operating our police de­ street crime results, for example, from ing their legitimate medical uses. partments has risen by 50 percent in narcotics addiction. the last 5 years alone. Yet our law Perhaps the most alarming aspect of 3. FIREARMS CONTROL enforcement and corrections personnel organized crime, however, is that it Drugs are, of course, only one cause are overworked. Our courts are over­ erodes respect for the law. Corrupting a of the rise in violent crime in the United crowded. Our penal and rehabilitative public official may lend respectability to States. Another significant factor is the facilities and programs are understaffed the racketeer, as it destroys the under­ ease with which any person can acquire or underdeveloped. To meet their large pinning of law enforcement in a com­ :firearms. Lee Oswald sent for and re­ and growing burdens, State and local munity. ceived a rifle through the U.S. mail. I law enforcement agencies must have ad­ Since 1961, the Federal Government believe that the people of the United ditional training and technical assist­ has responded to this challenge in force. States have learned, through the recent ance from the Federal Government. We have secured new legislative author­ tragic loss of President Kennedy, the Federal assistance has long been pro­ ity. We have achieved new levels of co­ need for strengthened control. vided in various forms to local law en­ operation among the 26 different Fed­ Here the Federal Government's juris­ forcement. Because of Mr. J. Edgar eral law-enforcement agencies. We have diction is limited. State and local action Hoover's early recognition of the need achieved new prosecutive energy, The will be necessary. But at minimum, we for such assistance, the Federal Bureau result has been a tenfold increase in must make effective local regulation of of Investigation has provided a number racketeering convictions. :firearms possible by increasing Federal of valuable services to State and local But this accomplishment represents a control over interstate shipment of :fire­ police organizations. It assists them mere beginning. Much remains to be arms. In addition, limits must be im­ with training activities and the FBI Na­ done. posed on the importation into this coun­ tional Academy in Washington gives Consequently, I am calling on the At­ try of surplus military weapons and other comprehensive instructions to State and torney General, the Secretary of the used :firearms. local career law enforcement officers Treasury, and the other heads of the I am proposing draft legislation to ac­ each year. The Federal Government Federal law enforcement arms to enlarge complish these aims. It would amend also provides support for short:term vo­ their energetic effort against organized the Federal Firearms Act to prohibit :fire­ cational training for police officers and crime. The Department of Justice will arms shipments in interstate commerce more extensive training in related fields submit legislative proposals to the Con­ except among importers, manufacturers, through the Department of Health, Edu­ gress to strengthen and expand these and dealers licensed by the Treasury cation, and Welfare. The Treasury De­ efforts generally. Department. partment provides instruction for nar­ I urge the prompt enactment of these Mail-order sales to individuals would cotics enforcement personnel through measures. thus stop. The legislation would also the Bureau of Narcotics Training 2. DRUG CONTROL strengthen the present statutorY stand­ School. The return of narcotic and marihuana ards for Treasury Department licenses The Federal Government has been users to useful, productive lives is of and prohibit licensees from selling :fire­ giving active support to juvenile delin­ obvious benefit to them and to society at arms to persons under 21 years of age­ quency control efforts. Under the Ju­ large. But at the same time, it is es­ or under 18 in the case of rifles and shot­ venile Delinquency and Youth Offenses sential to assure adequate protection of guns. Other provisions of this legisla­ Control Act, programs have been devel­ the general public. tion are designed to make it feasible for oped to provide new approaches to the To meet these objectives, the Presi­ the States to impose effective controls prevention and control of juvenile de­ dent's Advisory Commission on Narcotic over :firearms within their own bound­ linquency and to train needed person­ and Drug Abuse reeommended enact­ aries. I urge the Governors of our States nel. Under this act important studies ment of a Federal civil commitment stat­ and mayors and other local public offi­ have shed new light on the complex ute to provide an alternative means of cials to review their existing legislation causes of delinquency. dealing with those narcotic and mari­ in this critical field with a view to keep­ The Department of Health, Education, huana users likely to respond to treat­ ing lethal weapons out of the wrong and Welfare will shortly submit requests ment and achieve rehabilitation. The hands. fOr urgently needed additional appropri­ Commission also recommended that I recommend this legislation to the ations in this field. I support these pro­ those penalty provisions of the Federal Congress as a sensible use of Federal posals and request the Congress to act narcotics and marihuana laws requiring authority to a.Ssist local authorities in on them favorably and rapidly. mandatory minimum sentences and pre­ coping with an undeniable menace to These are present and continuing en­ cluding probation or parole be applied law and order and to the lives of innocent deavors. But we must do more. I be­ restrictively in order to provide a greater people. lieve a major opportunity lies in the de- incentive for rehabilitation. 4. DISTRICT OF COLUMBIA velopment and testing of experimental The Justice Department will shortly A fourth opportunity for Federal lead­ methods of crime control. To this end, submit proposals for a Federal civil com­ ership is the Nation's Capital. As I I am proposing the Law Enforcement As­ mitment statute to the Congress and for said in my special message on the Dis­ sistance Act of 1965. This legislation limiting the coverage of the mandatory trict of Columbia, we must improve law . would authorize the Attorney General to minimum penalty sentences. The pro­ enforcement and the administration of assist State, local, and private groups to posals will seek to the fullest extent con- criminal justice in the District. Wash- improve and strengthen crime control March 8, 1965 CONGRESSIONAL RECORD - HOUSE 4365 programs and make generally available on its work and findings and build a ways. In the light of recent examples information as to their effectiveness. broad base of public support for con­ of what happens when private citizens This act would bolster present train­ structive action. remain bystanders at tragedy, I hope ing programs for local law enforcement Typical of the examples of important the Commission will suggest means of personnel and would support the de­ and troubling questions on which I be­ improving public attitudes toward the velopment of new training methods. lieve the Commission can furnish guid­ individual's sense of responsibility to his Fighting crime effectively under modem ance are: community and to his neighbor. conditions requires professional police (1) How can law enforcement be or­ These questions only illustrate those who are expertly trained in a variety of ganized to meet present needs? which this Commission must put to skills. The Federal Government now In too many instances present divi­ itself. It must also- provides financial assistance for research sions of responsibility for law enforce­ Consider the problem of making our and training in other professions­ ment reflect unexamined precedent streets, homes, and places of business science, mathematics, foreign languages, rather than practical organization. In safer; medicine, nursing. Trained, profes­ addition to exploring improved law en­ Inquire into the special problems of sional law enforcement personnel are forcement and correctional techniques, juvenile crime; fully as essential to the preservation of the Commission can be helpflJ:]. in sug­ Examine the administration of jus­ our national health and strength-and gesting possible reorganization of law tice in our shockingly overcrowded lower no less deserving of increased Federal enforcement functions and methods of courts through which so many citizens support. achieving greater cooperation where are herded wholesale; This legislation would also authorize there are separate responsibilities. Explore the means by which organized Federal support for the development of (2) What steps can be taken to create crime can be arrested by Federal and improved methods of enforcing criminal greater understanding by those involved local authorities. laws and administering justice. For in the administration of justice at the In its task, the Commission will not be example, experiments might be under­ State and local level of the efforts of working alone. In addition to its own taken with different kinds and intensity Federal courts to insure production of staff and subpanels of experts in various of police coverage in high crime districts individual rights? fields and disciplines, it will have the in order to learn more about the eff ec­ The Commission should seek under­ close cooperation and support of repre­ tive allocation of . manpower. The ef­ standing of the needs of those respon­ sentatives of the Federal Government. fectiveness of different communication sible for carrying out our criminal laws I have directed the Attorney General, and alarm systems might be studied. and the relationship to these needs of the Secretary of the Treasury, and the By pilot projects in the administration the historic protections our Nation has Secretary of Health, Education, and Wel­ of justice, we may find ways of making accorded to the accused. The Commis­ fare, and the Director of the Office of the judicial process fairer and speedier sion may well serve as a bridge of under­ Economic Opportunity to work closely and the correctional process more standing among all those involved in the with the Commission and to assist it in effective. fair and effective administration of crim­ every possible way. Because of the im­ The dissemination of information inal justice. portance of the Attorney General's re­ (3) Through what kinds of programs sponsibilities within the Federal Govern­ about projects supported under the Law ment for these problems-ranging from Enforcement Assistance Act will be of can the Federal Government be most effective in assisting State and local investigation and enforcement through substantial value to other communities administration of the Federal prison sys­ in designing their own crime control enforcement? programs. The Commission can recommend new tem-I anticipate that the Department and imaginative ways i:h which the Fed­ of Justice and especially its newly created PRESIDENTIAL COMMISSION eral Government can render assistance­ Office of Criminal Justice should take a The proposals which I have discussed without infringing on the primary re­ particularly active role in assisting the are promising immediate approaches to sponsibility of States and localities .. work of the Commission. a number of the specific problems of (4) Is the Nation as a whole providing The Commission also will work closely controlling crime. In the longer run we adequate education and training oppor­ with representatives of State and local must also deepen our understanding of tunities for those who administer the governments with such groups as the the causes of crime and of how our criminal laws? American Bar Association, the American society should respond to the challenge The Commission should evaluate the Law Institute, State and local bar groups of our present levels of crime. Only programs and institutions now available and appropriate law enforcement orga­ with such understanding can we under­ for law enforcement officers, correc­ nizations; and with universities and other take more fundamental, far-reaching, tional personnel and both prosecution institutions and individuals engaged in and imaginative programs. and defense attorneys and make recom­ important work in the social sciences, As the first step, I am establishing the mendations on necessary additions. mental health, and related areas. President's Commission on Law Enforce­ (5) What correctional programs are The task before the Commission is one ment and Administration of Justice. most promising in preventing a first of­ of consummate difficulty and complexity. The Commission will be composed of fense from leading to a career in crime? But it could scarcely be more important. men and women of distinction who share A large proportion of serious crimes is I hope and expect that its work will be a my belief that we need to know far more committed by· persons who are previous landmark to follow for many years to about the prevention and control of offenders. Thus, reducing the total vol­ come. crime. I will ask the Commission to · ume of crime is, to a large extent, a CONCLUSION make a comprehensive report to me by problem of reducing the rate of recidi­ This message recognizes that crime is the summer of 1966 and to make interim vism. The first offender's initial con­ a national problem. reports when early action on the basis tact with our correctional system is often That recognition does not carry with of its recommendations may be possible. a turning point in his life. The Com­ it any threat to the basic prerogatives of No agency of Government has ever in mission should consider how we can best State and local governments. It means, our history undertaken to probe so fully insure that his first contact will be his rather, that the Federal Government will and deeply into the problems of crime in last. henceforth take a more meaningful role our Nation, I do not underestimate the (6) What steps can be taken to in­ in meeting the whole spectrum of prob­ difficulty of the assignment. ,But the crease public respect for law and law lems posed by crime. very difficulty which these problems pre­ enforcement officers? It means that the Federal Government sent and the staggering cost of inaction In a free land, order can never be will seek to exercise leadership and to make it imperative that this task be achieved by police action alone,-no mat­ assist local authorities in meeting their undertaken. ter how efficient. There must be a high responsibilities. It is of the utmost importance that the level of voluntary observance of the law It means that we will make a national people of this country understand what is and cooperation with public authorities. effort to resolve the problems of law at stake in controlling crime and its ef­ Citizens too often shun their duty to enforcement and the administration of fects. I believe therefore that the Com­ report crimes, summon assistance, or justice-and to direct the attention of mission should disseminate information cooperate with law enforcement in other the Nation to the problems of crime and 4366 CONGRESSIONAL RECORD - HOl].SE March 8, 1965 the steps that must be taken to meet (d) "Period" and "convention period" restored to its previous condition. No ex.­ them. mean the ten-day period beginning August pense or damage from the installation, opera­ 25, 1966; tion, or removal of said temporary overhead This effort will involve great di:Hlcul­ (e) "Secretary of Defense" means the Sec­ conductors or said illumination or other &ies. retary of Defense, or his designated agents; electrical facilities shall be incurred by the It will not produce dramatic·, visible and United States or the District of Columbia, results overnight. But it is an effort we (f) "Secretary of the Interior" means the and the corporation shall indemnify and save must begin now. Secretary of the Interior, or his designated harmless the District of Columbia, the I ask the help of the Congress. I be­ agents. United States and the appropriate agencies lieve that these actions and proposals are SEC. 3. There are authorized to be appro­ of the United States against any loss or soundly based and give promise of meet­ priated such sums as may be necessary, pay­ damage and against any liability whatsoever able in like manner as other appropria­ arising from any act of the corporation or ing urgent needs of a growing nation. I tions for the expenses of the District of Co­ any agent, licensee, servant, or employee of commend them to the American people lumbia, to enable the Commissioners to ad­ the corporation. and to the Congress and urge their vance to the corporation's guaranty fund SEC. 6. The Secretary of Defense is author­ prompt enactment. $25,000, for the reimbursement of which the ized to lend to the corporation such hos­ LYNDON B. JOHNSON. District shall have a prior claim on any pital tents, smaller tents, camp appliances, THE WHITE HOUSE, March 8, 1965. moneys available to the corporation for re­ hospital furniture, ensigns, flags, ambulances, payment to guarantors, and to provide addi­ drivers, stretchers, and Red Cross flags and tional municipal services in said District poles (except battle flags) as may be spared during the convention period, including em­ without detriment to the public service, and DISTRICT OF COLUMBIA DAY ployment of personal services without regard under such conditions as he may prescribe. The SPEAKER. This is District of Co­ to the civil service and classification laws; Such loan shall be returned within five days lumbia day. The Chair recognizes the travel expenses of enforcement personnel, in­ after the end of the convention period, the cluding sanitarians, from other jurisdictions; corporation shall idemnify the United States gentleman from South Carolina [Mr. hire of means of transportation; meals for for any loss or damage to any such property, McMILLAN], chairman of the Committee police, firemen, and other municipal em­ and no expense shall be incurred by the on the District of Columbia. ployees; construction, rent, maintenance, United States Government for the delivery, and expenses incident to the operation of return, rehab111tation, replacement, or opera­ temporary public comfort stations, first-aid tion of such equipment. The _corporation SPECIAL REGULATIONS FOR AMERI­ stations, and information booths; and other shall give a good and sufficient bond for the CAN LEGION CONVENTION incidental expenses in the discretion of the safe return of such property in good order Commissioners. and condition, and the whole without ex­ Mr. McMILLAN. Mr. Speaker, by di­ SEC. 4. The Secretary of the Interior, with pense to the United States. rection of the Committee on the District the approval of such officer as may exercise SEC. 7. The Commissioners, the Secretary of Columbia, I call up the resolution (H.J. jurisdiction over any of the Federal reser­ of the Interior, and the corporation are au­ Res. 195) to authorize the Commissioners vations or grounds in the District of Colum­ thorized to permit electric lighting, tele­ of the District of Columbia to promulgate bia, ls authorized to grant to the corpora­ graph, telephone, radio broadcasting, and tion permits for the u se of such reserva­ television companies to extend overhead special regulations for the period of the tions or grounds during the convention pe­ wires to such points along and across the American Legion National Convention riod, including a reasonable time prior and line of any parade as shall be deemed con­ of 1966, to be held in Washington, D.C., subsequent thereto; and the Commissioners venient for use in connection with such to authorize the granting of certain per­ are authorized to grant like permits for the parade and other convention purposes. Such mits to the American Legion 1966 Con­ use of public space under their jurisdiction. wires shall be removed within ten days after vention Corp. of the District of Each such permit shall be subject to such the end of the convention period. Columbia on the occasion of such con­ restrictions, terms, and conditions as may SEC. 8. The regulations and licenses au­ vention, and for other purposes, and ask be imposed by the grantor of such permit. thorized by this Act shall be in full force and With respect to public space, no reviewing effect only during the convention period, but unanimous consent that the resolution stand or any stand or structure for the sale the expiration of said period shall not pre­ be considered in the House as in Com­ of goods, wares, merchandise, food, or drink vent the arrest or trial of any person for any mittee of the Whole. shall be built during the convention period violation of such regulations committed dur­ The SPEAKER pro tempore (Mr. AL­ on any sidewalk, street, park, reservation, or ing the time they were in force and effect. BERT). Is there objection to the request other public grounds in the District of Co­ Such regulations shall be published in one of the gentleman from South Carolina? lumbia, except with the approval of the cor­ or more of the daily newspapers published in poration, and with the approval of the Sec­ the District of Columbia and no penalty pre­ There was no objection. retary of the Interior or the Commissioners, scribed for the violation of any such regu­ The Clerk read the resolution, as fol­ as the case may be, depending on the loca­ lation shall be enforced until five days after lows: tion of such stand or structure. The reser­ such publication. Any person violating any vation, ground, or public space occupied by regulation promulgated by the Commission­ Resolved by the Senate and House of Rep­ any such stand or structure shall, within resentatives of the United States of America ers under the authority of this Act shall be ten days after the end of the convention fined not more than $100 or imprisoned for in Congress assembled, That for the period period, be restored to its previous condition. of the American Legion National Convention not more than thirty days. Each and every The corporation shall indemnify and save day a violation of any such regulation exists of 1966, to be held in the District of Colum­ harmless the District of Columbia, the bia on August 29, 30, and 31, and September shall constitute a separate offense, and the United States, and the appropriate agencies penalty prescribed shall be applicable to 1, 1966, the Commissioners are authorized of the United States against any loss or dam­ and directed to make all reasonable regula­ each such separate offense. age to such property and against any lia­ SEC. 9. Whenever any provision of this Act tions necessary to secure the preservation of bility arising from the use of such property, public order and protection of life, health, requires the corporation to indemnify and either by the corporation or a licensee of the save harmless the District of Columbia and and property; to make special regulations corporation. respecting the standing, movement, and op­ the Federal Government or any agency SEC. 5. The Commissioners are authorized thereof against loss, damage, or Iiab111ty aris­ eration of vehicles of whatever character or to permit the corporation to install suitable kind during said period; and to grant, under ing out of the acts of the corporation or its overhead conductors and install suitable licensee, or to give bond to an agency of the such conditions as they may impose, special lighting or other electrical facilities, with licenses to peddlers and vendors for the privi­ Federal Government guaranteeing the safe adequate supports, for illumination or other return of property belonging to such agency, lege of selling goods, wares, and merchandise purposes. If it should be necessary to place in such places in the District of Columbia, the requirements of any such provision wires for llluminating or other purposes over shall be deemed satisfied upon the sub­ and to charge such fees for such pr1v11ege, any park, reservation, or highway in the Dis­ as they deem proper. mission by the corporation to the Commis­ trict of Columbia, such placing of wires and sioners and the Secretary of the Interior on SEC. 2. For the purposes of this Act-- their removal shall be under the supervision (a) "Commissioners" means the Commis­ behalf of the several agencies of the Federal of the official in charge of said park, reserva­ Government, of an insurance policy or bond, sioners of the District of Columbia, or their tion, or highway. Such conductors, with designated agent or agents; their supports, shall be removed within five or both an insurance policy and bond, in (b) "Corporation" means the American days after the end of the convention period. such amount or amounts and subject to such Legion 1966 Convention Corporation of the The Commissioners, or such other officials as terms and conditions, as the said officials in District of Columbia, or its designated may have jurisdiction in the premises, shall their discretion approve as being necessary agents; enforce the provisions of this joint resolu­ to protect the interests of the respective gov­ (c) "Convention" means the American tion, take needful precautions for the pro­ ernments. Legion National Convention of 1966, to be tection of the public, and insure that the SEC. 10. Nothing in this Act shall be ap­ held in the District of Columbia on August pavement of any street, sidewalk, avenue, plicable to the United States Capitol Build­ 29, 30, and 31, and September 1, 1966; or alley which is disturbed or damaged is ings or Grounds or other properties under March 8, 1965 CONGRESSIONAL RECORD - HOUSE 4367 the jurisdiction of the Congress or any com­ ury for the purpose of staging this con­ tional Convention of 1966, to be held in mittee, commission, or officer thereof. vention; is that correct? the District of Columbia on August 29, Mr. GROSS. Mr. Speaker, I move to Mr. ABERNETHY. That is what the 30, and 31, and September 1, 1966. strike out the last word. bill says; that is what I understand it to PRECEDENTS Mr. Speaker, I understand that this say. It says, "payable in like manner as This resolution is nearly identical to bill provides for a $25,000 appropriation other appropriations for the expenses·of the resolution adopted by the Congress to the District of Columbia or to the the District of Columbia." on July 28, 1964 (78 Stat. 337) in connec­ Commissioners of the District of Colum­ Mr. GROSS. I thought the bill au­ tion with the 91st annual meeting of the bia, whichever it is; may I ask the gentle­ thorized the taking of $25,000 from the Imperial Council, Ancient Arabic Order man if that is correct? general funds of the U.S. Treasury. of the Nobles of the Mystic Shrine for Mr. McMILLAN. I understand they Mr. ABERNETHY. I think the gentle­ North America, to be held in Washington had a sim ilar resolution when the Amer­ man is mistaken. Even if it did come in July of this year, and also to the act ican Legion had their convention here in from general funds I think it would be in connection with the American Legion, 1954 and that all that money was paid a good investment. As in the past, this Convention of 1954-68 Stat. 743. It is back. It did not cost the District or money will be refunded as it was at the patterned substantially also after the the Federal Government any money time of the 1954 convention. Presidential Inaugural Ceremonies Act of whatsoever. Mr. GROSS. The gentleman hopes it 1956 <70 Stat. 1049). Mr. GROSS. I would ask why this will be. Your committee wishes to point out $25,000 appropriation at all? Why Mr. ABERNETHY. I am quite sure it that the only provision of this resolution should there be a $25,0-00 appropriation? will, because the Legion is a responsible which was not contained in House Joint Mr. McM1LLAN. I understand it will organization. Resolution 888 of the 88th Congress, be refunded. Mr. GROSS. If this money were to which was adopted in connection with Mr. GROSS. This is not an advance come out of the Federal Treasury I would the forthcoming Shrine convention to be to the American Legion; this is an ad­ be constrained, when the appropriation held this year, is the authorization for vance to the Commissioners? bill comes up for the District of Colum­ the appropriation of $25,000 for advance­ Mr. McMILLAN. The American Le­ bia, unless repaid to the Federal Treas­ ment by the Commissioners to the guar­ gion would like the Commissioners to ury-I would be constrained to offer an antee fund of the American Legion Na­ have thi s money for preparations to be amendment to cut $25,000 from the Dis­ tional Convention Corp. of the District made for the convention. trict of Columbia appropriation. I want of Columbia. It is provided that the Dis­ Mr. GROSS. Is the District govern­ the American Legion to have the finest trict shall have a prior claim for the re­ ment so strapped for money that it can­ possible convention in Washington but if imbursement of this money, upon any not come up with $25,000 to stage this public funds are to be used I want those moneys available to the corporation for convention? funds to come from the D:strict of Co­ repayment to guarantors. As a matter Mr. McMILLAN. I do not know; that lumbia treasury and not the Federal of fact, there was an identical provision is what they asked for. Treasury. in the resolution pertaining to the Amer­ Mr. GROSS. Let me ask the gentle­ Mr. Speaker, I withdraw my reserva­ ican Legion Convention of 1954, and in man this question. The gentleman says tion of objection. that instance the entire amount was re­ that the $25,000 appropriated for the last Mr. HARSHA. Mr. Speaker, I move paid to the District. to strike the requisite number of words. American Legion Convention in Was~­ REASONS FOR THE RESOLUTION ington, D.C., was paid back. It was paid Mr. Speaker, I rise in support of this important bill, House Joint Resolution Your committee is informed that this back to whom? Do I understand cor­ convention is held annually in various rectly-and I hope the gentleman will 195, which would permit the District of Columbia government to make all the cities all over the United States, and that correct me if I am wrong-that this vital official arrangements to accommo­ the convention proposed to be held in $25,000 will come out of the Federal date the large numbers of American Le­ Washington in 1966 will bring to the city Treasury and be made available to the gionnaires, their many guests, and their some 25,000 to 35,000 persons associated District of Columbia for the staging of activities during the 10-day convention with the American Legion. In addition, this convention? If the $25,000 is paid beginning August 25, ·1966. many other persons will be attracted to it will be paid from revenues accruing Every effort should be made by the the city to witness the parade and other from the holding of the convention and Congress to insure the proper welcome, convention activities. This affair will, of will be paid to the District Commission­ the comfort, the safety, and the smooth course, result in the spending of a con­ ers, will it not, or to the District treas­ operation of the 1966 convocation of this siderable amount of money in the ury? Nothing will come back to the splendid veterans organization. This bill District. Federal Treasury; is that correct? will materially assist in the success of the At the same time, however, conventions Mr. McMILLAN. That is correct. convention next year. · of this magnitude present special prob­ Mr. ABERNETHY. Mr. Speaker, will Mr. Speaker, as a member of the Dis­ lems, such as the handling of large the gentleman yield? trict Committee which unanimously re­ crowds, erection of reviewing stands for Mr. GROSS. I yield. ported this bill, I urge its immediate the parade, the need for special traffic Mr. ABERNETHY. This money does passage. regulations, and for rules and regulations not come from the Federal Treasury. The SPEAKER pro tempore (Mr. AL­ incident to bringing special police officers This will be handled as a District item. BERT). The question is on the joint in from out of town, and so forth. This The money will be placed in the hands resolution. resolution is designed, therefore, to pro­ of the District Commissioners to be used The joint resolution was ordered to be vide the necessary authority to allow initially in making preparations for the engrossed and read a third time, was Federal officials and the Commissioners convention of the American Legion. In read the third time, and passed, and a of the District of Columbia to cooperate 1954 we had a comparable situation; a motion to reconsider was laid on the fully with the American Legion 1966 Con­ comparable convention and a comparable table. vention Corp. of the District of Colum­ advancement of funds, every penny of PURPOSE OF THE RESOLUTION bia in making this forthcoming American which was repaid and every bit of which Mr. McMILLAN. Mr. Speaker, I ask Legion convention in Washington a in this instance will be repaid to the Dis­ unanimous consent to extend my remarks pleasant, safe, and memorable event. trict at the conclusion of this particular at this point in the RECORD. The following is the letter from the convention. The SPEAKER pro tempore. Is there District of Columbia Board of Commis­ Mr. GROSS. Mr. Speaker, let me ask objection to the request ofthe gentleman sioners, under date of March 3, 1965, re­ the gentleman this question, then. There from South Carolina? questing this legislation and summariz­ are no Federal funds involved? There was no objection. ing its principal provisions: Mr. ABERNETHY. That is my defi­ Mr. McMILLAN. Mr. Speaker, the MARCH 3, 1965. nite understanding of the matter. purpose of this resolution is to authorize The Honorable the SPEAKER, Mr. GROSS. It is the gentleman's the District of Columbia Commissioners U.S. House of Representatives, understanding that there are no Federal and certain Federal officers to undertake Washington, D.C. funds involved. This simply authorizes such actions as may be necessary in con­ MY DEAR MR. SPEAKER: The Commission­ an expenditure from the District treas- nection with the American Legion Na- ers of the District of Columbia have the 4368 CONGRESSIONAL RECORD - HOUSE March 8, 1965 honor to submit a draft of a joint resolution 6. The temporary placing of wires along The committee amendment was agreed to authorize the Commissioners of the Dis­ and across the line of any parade for use by to. trict of Columbia to promulgate special electric lighting and communications con­ regulations for the period of the American cerns ls authorized. Mr. DOWDY. Mr. Speaker, I now Legion National Convention of 1966, to be 7. The effective period of the regulations yield to the gentleman from Indiana held in Washington, District of Columbia; authorized to be adopted and a penalty for [Mr. ROUDEBUSH], the author of the bill. to authorize the granting of certain permits their violation (a fine of not more than $100 Mr. ROUDEBUSH. Mr. Speaker, I to the American Legion 1966 Convention or imprisonment for not more than 30 days) strongly endorse H.R. 4338 and express: Corp. of the District of Columbia on the are prescribed. the hope that the House will pass this occasion of such convention; and for other 8. The resolution requires the American legislation. purposes. Legion 1966 Convention Corp. of the District On the occasion of the American Legion of Columbia to indemnify and save harmless Mr. Speaker, may I assure everyone National Convention of 1966, the resolution the District of Columbia and Federal Govern­ here that there is no money involved in authorizes appropriate action to be taken to ment against loss, damage, or liability and· this legislation at all. It merely provides provide for the comfort and protection of all provides that such requirements shall be a zone variance so that the Veterans of persons within the District of Columbia dur­ satisfied by the corporation's submitting to Foreign Wars may rent two stories of ing the 10-day period of the convention. the District of Columbia Commissioners and their five-story building, located at 200 The resolution is patterned after the joint the Secretary cf the Interior an insurance Maryland Avenue NE., in the District resolution approved July 28, 1964 (78 Stat. policy or a bond, or both, in such amounts of Columbia. 337; Public Law 88-386), relating to the 91st and subject to such terms as these officials Annual Session of the Imperial Council, may deem adequate to protect the interests Mr. Speaker, I ask unanimous consent Ancient Arabic Order of the Nobles of the of the respective governments. to revise and extend my remarks and in­ Mystic Shrine for North America. 9. Finally, the resolution specifically ex­ clude extraneous matter. The resolution authorizes the Commis­ empts from its provisions the Capitol Build­ The SPEAKER pro tempore. Is there sioners and certain specified Federal officials ing and grounds and other property under objection to the request of the gentleman to deal with the special problems which will the juris~iction of the Congress. from Indiana? · arise on the occasion of the 1966 National Legislation similar in scope to the draft There was no objection. Convention of tbe American Legion, and resolution has been enacted in the p·ast years Mr. ROUDEBUSH. Mr. Speaker, the which are expected to exert a heavy burden when conventions and other public gather­ on the municipal services of the District of ings have brought large numbers of people purpose of this proposed legislation-as Columbia, and, to a certain extent, on the into the District. The most recent enact- . set forth in House Report No. 142-is to Federal Government. These problems relate ment is the joint resolution approved July authorize the Veterans of Foreign Wars principally to the handling of traffic and 28, 1964, relating to the 91st Annual Session to rent or lease any part of their Me­ large crowds, and the erection of reviewing of the Imperial Council, Ancient Arabic morial Building, located at 200 Maryland stands for the parade to be held in connec­ Order of the Nobles of the Mystic Shrine for Avenue NE., in the District of Columbia, tion with the convention. In addition, there North America. for office purposes only, to any agency of ls need for increased services by the Metro­ The Commissioners, in the belief that the politan Police Department and the Depart­ resolution will adequately provide for the the Federal or District of Columbia Gov­ ment of Public Health to protect the per­ safety and well-being of all persons in the ernments or to any nonprofit organiza­ sonal safety and health of the citizens of the District of Columbia during the period of tion. District and the many visitors who will be the 1966 National Convention of the Ameri­ Many years ago, the Veterans of For­ present in the District for the occasion. The can Legion, recommend its approval. eign Wars established offices in the Dis­ Commissioners have been informed that the The Commissioners have been advised by trict of Columbia to aid veterans, their minimum number of persons associated with the Bureau of the Budget that, from the the American Legion expected to be present widows, and their orphans with their standpoint of the administration's program, petitions before various Federal agencies. in the District during the convention period there is no objection to the submission of has been estimated at 25,000 to 35,000. This this legislation to the Congress. Their services are free to all veterans number of visitors, together with the many Sincerely yours, and their widows and orphans, regard­ other persons who may come into the Dis­ less of whether they are members or not. trict to witness convention activities, will WALTER N. TOBRINER, President, Board of Commissioners, Hence, the Veterans of Foreign Wars is generate a need for increased activity on the truly a charitable and eleemosynary or­ part of the municipal government of the District of Columbia. District of Columbia. The joint resolution ganization. is intended to provide authority for such an Mr. Speaker, some 12 years ago, the increase. AUTHORIZING VFW TO RENT national commander in chief and the Na­ The principal provisions of the joint reso­ CERTAIN PROPERTY tional Council of Administration of the lution are as follows: VFW decided that in view of the rental 1. The Commissioners are authorized and Mr. McMILLAN. Mr. Speaker, at this being paid for the Washington offices it directed to make regulations to preserve time I yield to the gentleman from Texas would be more economical to erect its peace and order, specially regulate traffic, [Mr. DOWDY] to call up a bill which and issue special licenses to peddlers and own building in the District. They pur­ comes from his subcommittee. chased a lot for this purpose on First vendors, such regulations to be effective dur­ Mr. DOWDY. Mr. Speaker, I call up ing the period of the convention, defined by Street NE., between the Carroll Arms the resolution as a 10-day period beginning the bill (H.R. 4338) to authorize the Vet­ and the Plaza Hotels. However, before August 25, 1966, and ending September 3, erans of Foreign Wars of the United construction of the building could be 1966, both dates inclusive. States to rent certain property in the started the Congress decided that it 2. Appropriations are authorized for ad­ District of Columbia for certain office needed this ground for a parking area, vancement by the Commissioners to the cor­ purposes. and the VFW was forced to sell this prop­ poration's guarantee fund of $25,000, for the The Clerk read the bill, as follows: reimbursement of which the District shall erty and seek another location. They have a prior claim on any moneys available H.R. 4338 finally purchased the old Rolland Hotel to the corporation for repayment to guar­ Be it enacted by the Senate and House property at the corner of Maryland Ave­ antors; and to pay the cost of providing addi­ of Representatives of the United States of nue and Second SJ;reet NE., demolished tional municipal services and to pay for America in Congress assembled, That the the old existing structures, and in 1960 other mtinicipal expenses connected ·with Veterans of Foreign Wars of the United States erected a very attractive five-story office the convention, estimated at $250,000. are authorized to lease or rent for office pur­ 3. The Secretary of the Interior and the poses to any department, agency, or instru­ ouilding of white marble, at a total cost Commissioners are authorized to grant per­ mentality of the United States or the District of some $1.7 million. mits for the use of public space under their of Columbia or to any nonprofit organization The location of this building on Capi­ respective Jurisdictions, subject to certain any of the property exempt from· taxation in tol Hill makes it extremely attractive to limitations imposed by the resolution. the District of Columbia by the Act of July various Federal Government agencies 4. The Commissioners are authorized to 19, 1954, as amended (D.C. Code, sec. 47- and commissions, and inasmuch as some permit the installation of temporary electri­ ·832). of the space in the building was not im­ cal fac1lities of all kinds, also subject to cer­ tain limitations imposed by the resolution. With the following committee amend­ mediately needed by the Veterans of 5. The Secretary of Defense is authorized ment: Foreign Wars for its own purposes, the to lend certain equipment belonging to the On page 1, line 4, immediately after "au­ organization rented space in the building Department of Defense to be used in con­ thorized" insert ", subject to the provisions for the past several years to the follow­ nection with providing for the well-being of of sections 2, 3, and 5 of the Act of Decem­ ing Government organizations: The the expected crowds, also subject to limita­ ber 24, 1942 (D.C. Code, sec. 47-80lb, 801c, President's Railroad Commission; the tions imposed by the resolution. and 801e) ,". President's Commission.on the Status of March 8, 1965 CONGRESSIONAL RECORD - HOUSE 4369 Women; the President's Task Force on of an extension of the nonconformance suitable Government office space on Employment-Management Relations; throughout the building. In the belief Capitol Hill, the relief which H.R. 4338 Office of Manpower, Development, and that the National Association of Govern­ would offer is in the public interest. Training, U.S. Department of Labor; ment Engineers would qualify under this Mr. Speaker, the District Committee, Study Group B-1, U.S. Department of provision as a tenant in their building, on which I am privileged to serve, gave Defense; Bureau of Employment and the VFW sought this permission on Jan­ this problem a thorough hearing and re­ Compensation; Office of Civil Defense; uary 8, 1965. They were advised, how­ view and unanimously concluded that the and the Warren Commission. Most of ever, that the National Association of bill should be favorably reported to the these commissions, it will be noted, have Government Engineers apparently could House for final passage. Therefore, I had U.S. Senators and Congressmen not qualify under this privilege because strongly urge my colleagues here in the among their membership. "its primary purpose or effect is the pro­ House·to lend their support to this legis­ Mr. Speaker, it should be pointed out motion of special benefits for its mem­ lation. that the local real property of the VFW bership," which is forbidden in the Mr. HARSHA. Mr. Speaker, will the was exempted from District of Columbia definition of "philanthropic or eleemos­ gentleman yield? real estate taxation by act of Congress­ ynary institution" as it occurs in the Mr. ROUDEBUSH. I yield to the District of Columbia Code, 47-832. zoning regulations. gentleman from Ohio. Since this exemption does not apply to Mr. Speaker, these unfavorable devel­ Mr. HARSHA. Mr. Speaker, I rise in any commercial use of the property, opments have left the Veterans of For­ support of this bill, H.R. 4338, which, however, the organization has paid tax eign Wars with no apparent means of in effect, authorizes the Veterans of each year upon that part of its building utilizing the excess space in their build­ Foreign Wars to rent several floors of for which rental has been received. ing except by legislative provision such space in its national headquarters build­ This tax has amounted to approximately as would be offered by H.R. 4338. ing which, as we all know, is located here $6,000 per year. I wish to emphasize the fact that on Capitol Hill almost adjacent to the The 3-year contract between the Vet­ whereas the zoning variance which was Senate Office Buildings. erans of Foreign Wars and the GSA, un­ refused by the Board of Zoning Adjust­ Brie.fly, this is corrective legislation der which this space was leased for Gov­ ment would have permitted the Veterans drawn to right a wrong imposed by a late ernment use, expired on January 15, of Foreign Wars unrestricted office use zoning change in which the VFW was 1965, and the GSA notified the VFW sev­ of any part of their building-that is, caught in the middle with a terribly large eral months prior to this date that they they could have leased office space to any amount of valuable and beautiful office would not renew the contract because of tenants whatever-H.R. 4338 will restrict space in its headquarters in excess of its improper zoning of the property. This such tenancy to departments or agencies own needs. But, due to the untimely referred, apparently, to some zoning reg­ of the Federal or District of Columbia zoning change, the VFW is now precluded ulations which had been approved on Governments, or to nonprofit organiza­ from renting such space which, until just May 20, 1958, under which the VFW's tions. Hence, the authority sought in recently, was rented to the Government own use of the property for philanthrop­ this proposed legislation is far more lim­ and other nonprofit groups. Inciden­ ic purposes is nonconforming, although ited than that which was sought in the tally, among the Government groups pre­ this had not been the case in 1957 when appeal for zoning variance. viously renting there was the Warren the Board of Zoning Adjustment granted At a public hearing conducted by our Commission. an appeal to permit the construction of Subcommittee No. 4 on February 25, Mr. Speaker, this bill in no way affects the building for such PUrPOSe. 1965, testimony was offered to the effect the tax exempt status of the VFW but The Veterans of Foreign Wars imme­ that special purpose zoning was granted does assist the Government of the Dis­ diately appealed for a zoning variance in the case of a structure located at the trict of Columbia tax revenues in that which would permit unrestricted office intersection of. Maryland Avenue and the VFW under this bill will continue­ use of the basement, fourth floor, fifth Second Street NE., diagonally across as it has done religiously in the past-­ floor, and part of the third floor of their from the Veterans of Foreign Wars to pay the full District of Columbia tax building. However, this request was de­ building. Also in the same square are a on the property that it would be allowed nied by the Board of Zoning Adjustment cleaning and dyeing establishment, a to rent under this legislation. on December 1, 1964. leather goods repair shop, a youth center Mr. Speaker, I urge my colleagues to At present, therefore, the Veterans of for the Young Women's Christian Asso­ support immediate passage of this bill. Foreign Wars finds itself with space in ciation, and real estate and other types The bill was ordered to be engrossed its building excess to its own present of offices. Hence, the character of the and read a third time, was read the third needs and highly desirable for certain neighborhood is not all residential, and time, and passed, and a motion to recon­ Government usage, yet unable to make certainly the highly restricted use which sider was laid on the table. these facilities available for this PUrPOse. this bill would authorize for the VFW The Food Marketing Commission had building would have no detrimental ef­ moved into this building, and wished to fect whatever upon the integrity of the COMMITTEE ON EDUCATION AND remain there. In fact, GSA had advised area. LABOR the Veterans of Foreign Wars that they At the hearing, a representative of the Mr. PERKINS. Mr. Speaker, I ask could keep all the available space in the District of Columbia Corporation Coun­ unanimous consent that the Committee building leased if the proper zoning could sel's office expressed the opinion that the on Education and Labor have until mid­ be obtained. provisions of this proposed legislation night tonight to file its report on the Meanwhile, the National Association of will in no way aff eot the present status Elementary and Secondary Education Government Engineers had sought to of the VFW property with respect to real Act of 1965, H.R. 2362. lease office space from the Veterans of estate taxation. That is, the parts of the Mr. ARENDS. Mr. Speaker, reserving Foreign Wars. This is a nonprofit orga­ building occupied by the Veterans of the right to object, I could not hear the nization engaged in philanthropic activ­ Foreign Wars in connection with their gentleman's request. I wish he would ities in behalf of its members, the en­ philanthropic activities will continue to speak louder. gineering profession, and the national be exempt from District of Columbia real Mr. PERKINS. Mr. Speaker, I ask interest. In its opinion of December 1, estate taxation, and any part of the unanimous consent that the House Com­ 1964, referred to above, the Board of building from which income is derived mittee on Education and Labor have un­ Zoning Adjustment had advised the VFW through the authority granted by this til midnight tonight to file its report on that, under the provisions of section bill will be subject to such tax, exactly as the elementary and secondary education 3105.37 of the District of Columbia zon­ has been the case in the past 3 years. bill. ing regulations, the organization is free Upon his advice, however, amending Mr. ARENDS. Mr. Speaker, further upon proper appeal to the Board to re­ language was added to preclude any pos­ reserving the right to object, does that quest the use of unneeded or excessive sible misunderstanding on this point. include the right of the minority? office space by other organizations which It is the opinion of the committee that Mr. PERKINS. Mr. Speaker, if the may qualify as philanthropic or elee­ the present situation represents a hard­ gentleman will yield, that includes the mosynary institutions. Such a proceed­ ship for the Veterans of Foreign Wars, rights of the minority to have until mid­ ing by the Board would be in the nature and that in view of the dire shortage of night tonight to file its views. 4370 CONGRESSIONAL RECORD - HOUSE March 8, 1965 Mr. ARENDS. Mr. Speaker, I with­ port which deal with problems which came nonresident alien individuals engaged in draw my reservation. to light in the Treasury Department's study trade or business in the United States be The SPEAKER pro tempore (Mr. of the present system of taxing nonresident taxed on investment (nonbusiness) income foreigners and foreign corporations. It at the 30 percent statutory withholding rate, ALBERT). Is there objection to the re­ should be emphasized that the recommenda­ or applicable treaty rate, rather than at grad­ quest of the gentleman from Kentucky? tions embodied in the proposed legislation uated rates; (b) foreign corporations engaged There was no objection. were considered not only from the viewpoint in business in the United States be denied of their impact on the balance of payments, :the 85-percent dividends-received deduction but also to insure that they contributed to and be exempt from tax on their capital gains EXPLANATION BY THE DEPART­ a rational and consistent program for the from investments in U.S. stocks; (c) non­ MENT OF THE TREASURY OF THE taxation of foreign individuals and foreign resident alien individuals and foreign cor­ corporations. Thus, all legislative sugges­ porations not be deemed engaged in trade ACT TO REMOVE TAX BARRIERS t ions made herein are justifiable on con­ or business in the United States because of TO FOREIGN INVESTMENT IN THE ventional t ax policy grounds. investment activity in the United States or UNITED STATES It is estimated that the adoption of these because they have granted a discretionary proposals would result in a net revenue loss power to a U.S. banker, broker, or adviser; Mr. MILLS. Mr. Speaker, I ask unani­ on an annual basis of less than $5 million. and (d) nonresident alien individuals and mous consent that there be inserted at Foreign purchases of U.S. stocks constitute foreign corporations _be given an election to this point in the RECORD an explanation th e largest single source of long-term capital compute income from real property and min­ prepared by the Treasury Department inflow into t h e United States, wit h even eral royalties on a net income basis and be of the bill H .R. 5916 which I introduced greater potential for the future. Net pur­ taxed at graduated rates on such income as chases h ave averaged $190 million a year be­ if engaged in trade or business in the United today entitled "An act to remove tax States. barriers to foreign investment in the tween 1956 and 1963, while the outstanding United States." I am advised by the value of foreign-held stocks h as risen from Segregation of business and investment $6.1 to $12.5 billion during this period. income Go\ternment Printing Office that the es­ It is extremely d ifficult t o measu re t h e precise timated cost of printing this explana­ Under present law, if a nonresident alien impact of this proposed legislation on our is engaged in trade or business within the tion is $343. Notwithstanding the cost balance of payments because of the various United States, he is subject to tax on all his I request that this be inserted in the factors affect ing the level of foreign invest­ U.S. income (including capital gains), even RECORD. ment in the United States. It is anticipated though some of the income is not derived The SPEAKER. Is there objection to that, when combined with an expanding U.S. from the conduct of the trade or business, at economy, the proposed legislation will result the same rate as U.S. citizens. the request of the gentleman from over the years in a significant increase in Arkansas? such investme _1 t . A nonresident alien individual engaged in There was no objection. trade or business in the United States should Most provisions of the draft bill are pro­ be subject to taxation on his investment in­ The matter ref erred to follows: posed to become eff ective to taxable years beginn in g after December 31, 1965. How­ come on the same basis as a nonresident EXPLANATION OF H.R. 5916, AN ACT To RE­ alien not so engaged. Thus his investment MOVE TAX BARRIERS TO FOREIGN INVESTMENT ever, t hose provisions .:which provide a re­ income would be taxed at the 30-percent IN THE UNITED STATES vised estate t ax treatment for the estates of statutory rate or applicable treaty rate, foreigners are made applicable to the estates rather than at graduated rates. For the pur­ (Prepared by the Treasury Department) of decedents dying after the date of enact­ GENERAL EXPLANATION pose of determining the applicability of ment of the proposed legislation. In addi­ treaty rates the alien will be deemed not to Introduction tion, those special provisions applicable to have a permanent establishment 'in this In his balance-of-payments message of U.S. citizens who have surrendered their U.S. country. All business income should remain February 10, 1965, the President proposed a citizenship are made applicable if the sur­ subject to tax at graduated rates, but the series of measures designed to reinforce the render occurred after March 8, 1965. rates on business income would be computed program to correct the balance-of-payments Specific recommendations without regard to the amount of investment deficit of the United States. Among the The following paragrap.hs describe the income. proposals made by the President is one to specific changes in the Internal Revenue This change conforms to the trend in in­ remove the tax deterrents to foreign invest­ Code of 1954 which are proposed. For this ternational treaty negotiations to separate ment in U.S. corporate securities so as to im­ purpose the technical language of the In­ investment income from business income. prove our balance of payments by encour­ ternal Revenue Code has been used, e.g., for­ Whether a taxpayer is helped or harmed by aging an increase in such investment. The eigners are described by the technical term segregating his investment from his business recommended legislation described herein "alien." income, separate treatment is proper and would effectuate this proposal. 1. Graduated rates: Eliminate the taxa­ equitable. Investment decisions may be The review of the tax treatment of non­ tion at graduated rates of U.S. source income made on the same basis whether or not the resident foreigners and foreign corporations of nonresident alien individuals not doi.ng alien is engaged in business here, since in­ investing in the United States resulting in business in the United States. come arising from investments here will not these legislative recomm.endations was Under present law, nonresident aliens de­ be subject to taxation at graduated rates in prompted in large measure by the report riving more than $21,200 of income from U.S. either event. of the Task Force on Promoting Increased sources are subject to regular U.S. graduated Moreover, a nonresident alien individual Foreign Investment in U.S. Corporate Se­ rates and are required to file returns. How­ engaged in trade or business here should not curities. This task force, which was headed ever, graduated rates on investment income be taxed on capital gains realized in the by the then Under Secretary of the Treasury, already are eliminated by treaty in the case United States which are unrelated to the Henry H. Fowler, was directed, among other of almost all industrial countries, except business activity carried on by him in this things, to review U.S. Government and where a taxpayer is doing business in the country, except where he would be subject to private activities which adversely affect for­ United States and has a permanent estab­ tax on those gains under the rules pertain­ eign purchases of the securities of U.S. pri­ lishment here. Only a very small amount of ing to nonresident aliens generally. vate companies. In its report, the task force revenue is collected from graduated rates Tax treatment of income from U.S. stock in­ made 39 recommendations designed to help at present. For example, for 1962 graduated vestments by foreign corporations the United States reduce its balance-of-pay­ rates resulted in the collection of $746,743 Under present law all the activities of a ments deficit and defend its gold reserves. above the taxes already withheld. Although corporation are treated as part of its trade Among these were several directed at chang­ graduated rates are rarely applicable they or business. Thus, for example,_ all its ex­ ing the tax treatment of foreign investors complicate our tax law and tend to frighten penses are treated as deductible as business so as "to remove a number of elements in and confuse foreign investors. expenses. Accordingly, it would be inap­ our tax structure which unnecessarily com­ Thus, graduated rates, whether applied to propriate to segregate a foreign corporation's plicate and inhibi.t investment in U.S. cor­ investment income or such types of income U.S. investment income from its U.S. busi­ porate securities without generating material as pensions, annuities, alimony, and the like, ness income. However, there is one abuse in tax revenues." The task force report cau­ serve no clearly defined purpose, deter for­ this area which should be eliminated. Fre­ tioned, however, that its tax recommenda­ eign investment, and should be eliminated. quently, a foreign corporation with stock tions were not intended to turn the United The elimination of graduated rates will limit investments in the United States engages States into a tax haven, nor to drain funds the liability of nonresident aliens not en­ in trade or business here in some minor way from developing countries. gaged in trade or business to taxes withheld, (such as by owning a few parcels of real The legislation being requested deals with and where the alien is not engaged in trade estate) and then claims the 85-percent div­ all of the tax areas discussed in the task or business here no return need be made. idends-received deduction on its stock in­ force report, although in certain instances (However, graduated rates would be retained vestments in the United States. Such a the action suggested differs from the pro­ for the U.S. business income Gf nonresident corporation thereby may pay far less than posals made by the task force. Furthermore, aliens engaged in trade or business here.) the 30-percent statutory or treaty withhold­ the draft bill contains recommendations in 2. Segregation of investment and business ing rate on its U.S. dividend income, al­ areas not mentioned in the task force re- income and related matters: Provide that (a) though its position is essentially the same March 8, 1965 CONGRESSIONAL RECORD - HOUSE 4371 as that of a foreign corporation doing busi­ at regular U.S. rates as if they were engaged longer any reason to continue to apply the ness elsewhere which has U.S. investment. in trade or business in the United States. personal holding company tax to these cor­ income. Such an election ls comparable to the one porations. To eliminate this abuse and treat all for­ now appearing in many treaties to which the With respect to the "second dividend tax," eign corporations with investments in U.S. United States is a party. Such an election section 861(a) (2) (B) now provides that if stocks alike, the 85-percent dividends-re­ would not affect the method of taxation ap­ a corporation derives 50 percent or more of ceived deduction should be denied to foreign plied to his other income. its gross income for the preceding 3-year corporations doing business here. Their in­ 3. Capital gains: Eliminate the provision period from the United States, its dividends come from stock investments would be made taxing capital gains realized by a nonresi­ shall be treated as U.S. source income to the subject to the 30-percent statutory with­ dent alien when he is physically present in extent the dividends are attributable to in­ holding rate, or any lesser treaty rate ap­ the United States, and extend from 90 to 183 come . from the United States. As a result plicable to such income, rather than regular days the period of presence in the United such dividends are subject to U.S. tax when U.S. corporate rates. For the purpose of de­ States during the year which makes nonresi­ received by a nonresident alien. This tax termining whether the treaty rates on divi­ dent aliens taxable on all their capital gains. is often referred to as the "second dividend dend income apply, a foreign corporation will The underlying policy of U.S. taxation of tax." However, under section 1441(c) (1) a be deemed not to have a permanent estab­ nonresident alien individuals has been to foreign corporation is not required to with­ lishment in this country. To fully equate exempt capital gains realized from sources hold tax on its dividends unless it is engaged the tax treatment of stock investments of in this country. This policy has been proper in business in the United States and, in foreign corporations doing business in the both from a tax policy standpoint and from addition, more than 85 percent of its gross United States with that of foreign corpora­ the viewpoint of our balance of payments. income is derived from U.S. sources. tions not doing business here, such corpora­ However, existing law has two limitations: It is now proposed to levy this second tions are exempted from the U.S. tax on U.S. capital gains realized by a nonresident dividend tax only where the foreign corpora­ capital gains realized on their U.S. stock alien while he is physically present in the tion does business in the United States, and investments. United States, or realized during a year in 80 percent or more of its gross income (other Definition of "engaged in trade or business" which he is present in the United States for than dividends and capital gains on stock) 90 days or more, are subject to a U.S. tax is derived from U.S. sources. Where a for­ Present law provides that the term "en­ of 30 per:cent. eign corporation is not doing business in the gaged in trade or business" does not include The limitations now contained in our law, United States, it will pay U.S. withholding the effecting, through a resident broker, especially the physical presence test, con­ taxes on all investment income and other commission agent, or custodian, of transac­ tain illogical elements and are likely to have fixed or determinable gains and profits de­ tions in the United States in stocks, securi­ a negative impact on foreigners who are rived from the United States, and since that ties, or commodities. There is some confu­ weighing the advantages and disadvantages ls all the tax its foreign shareholders would sion as to whether the amount of activity of investing in the United States. The phys­ owe if they received the income directly, no in an investment account, or the granting ical presence test was added to the law second tax seems warranted. of a discretionary power to a U.S. banker, after World War II when many nonresident With the adoption of the rule that the in­ broker, or adviser, will place a nonresident alien traders were frequently present in this come from the U.S. stock investments of for­ alien outside of this exception for security country. Since this is no longer true, and eign corporations doing business here be transactions so that he is engaged in trade moreover, since the tax may be readily taxed at fiat statutory or treaty withholding or business in the United States. This un­ avoided by passing title to the property out­ rates, no further U.S. tax should be imposed certainty may deter investment in the United side the United States, the provision now on such income. Therefore, in applying the States and is undesirable as a matter of tax serves little purpose. However, it does pose proposed 80-percent test, such income of the policy. a threat to the foreign investor which may foreign corporation, whether from U.S. or The fact that a discretionary power of in­ deter him from investing in this country and foreign sources, should be disregarded and vestment has been given to a U.S. broker therefore should be eliminated. the test applied only to the corporation's or banker does not really bear a relation to The limitation relating to .presence in the other income. Furthermore, if the 80-per­ the foreigner's ability to carry out transac­ United States for 90 days or more in a cent rule is met, the dividends of such cor­ tions in the United States-the discretionary particular year should be retained, but the porations should be subject to tax only to power is merely a more efficient method of periOd should be lengthened to 183 days. the extent that such dividends are from U.S. operating rather than having the investor Th·is extension will remove a minor deter­ source .Income other than income from stock consulted on every investment decision and investments in .the United States. frequently is merely a safeguard to protect rent to travel in the United States and help mitigate the harsh consequences which may Withholding requirements should conform him in case of world turmoil. Nor, where to the incidence of tax, and therefore with­ the alien is an investor, is the volume of arise under the existing rule if a nonresi­ dent alien realized capital gains at the be­ holding should be required on dividends paid transactions material in determining wheth­ by foreign corporations doing business in the er he is engaged in trade or business. ginning of a taxable year during which he later spends 90 days or more in the United United States with 80 percent or more U.S. Accordingly, the proposed legislation makes States. source income to the extent such dividends clear that individuals or corporations are not 4. Personal holding company and "second are from U.S. source income other than in­ engaged in trade or business because of in­ come from stock investments in the United vestment activity in the United States or be­ dividend" taxes: (a) Exempt foreign corpo­ States. cause they have granted a discretionary in­ rations owned entirely by nonresident alien individuals, whether or not doing business in With the adoption of the revisions pro­ vestment power to a U.S. banker, broker, or posed in U.S. system of taxing nonresident adviser. No legislative change is necessary the United States, from the personal hold­ ing company tax; (b )' modify the applica­ aliens and foreign corporations, the regu­ to provide that the volume of transactions lations dealing with the accumulated earn­ is not material in determining whether an tion of the "second dividend tax" of section 86l(a) (2) (B) so that it only applies to the ings tax will be revised to eliminate the ap­ investor is engaged in trade or business in plication of this tax to foreign corporations the United States as this is the rule under dividends of foreign corporations doing busi­ ness in the United States which have over not doing business in the United States present law. 80 percent U.S. source income. which are owned entirely by nonresident Real estate income and mineral royalties Under present law any foreign corporation aliens. The accumulation of earnings by Under present law it is not clear whether with U.S. investment income, whether or not such corporations will not result in the a. nonresident alien (or foreign corporation) doing business here, may be a personal hold­ avoidance of U.S. taxes. However, because is engaged in trade or business in the ing company unless it is owned entirely by of possible avoidance of the revised second United States by reason of the mere owner­ nonresident aliens, and unless its gross in­ dividend tax, the accumulated earnings tax ship of unimproved real property or real will remain applicable to foreign corpora­ come from U.S. sources ls less than 50 per­ tions doing business here. property subject to a strict net lease, or by cent of its gross income from all sources. reason of an agent's activities in connection The personal holding company tax should 5. Estate tax and related matters: (a) In­ with the selection of real estate investments not apply to foreign corporations owned en­ crease the $2,000 exemption from tax to in the United States. tirely by nonresident aliens. The only reason $30,000 and substitute for regular U.$. estate If because of such activity a nonresident for applying our' personal holding company tax rates a 5-10-15 percent rate schedule; (b) alien is considered as not engaged in trade tax to foreign corporations owned by non­ provide that bonds issued by domestic corpo­ or business he becomes subject to withhold­ resident aliens has been to prevent the ac­ rations or governmental units and held by ing tax on his gross rents. Since the con­ cumulation of income in holding companies nonresident aliens are property within the sequent tax could exceed his net income, organized to avoid the graduated rates. With United States and therefore are subject to the taxation on a gross basis of income from the elimination of graduated rates as sug­ estate tax; and (c) provide that transfers of real property should not be continued where gested in recommendation 1 (and the revi­ intangible property by a nonresident alien taxation on a net basis at graduated U.S. sion of the second dividend tax, discussed engaged in business in the United States are rates would be more appropriate. below), U.S. investment income in the hands not subject to gift tax. Therefore, a nonresident alien or foreign of foreign corporations will have borne the It is generally believed that high estate corporation should be given an election to U.S. taxes properly applicable to it and ac­ taxes on foreign investors are one of the compute their income from real property cumulation of such income wlll not result in most important deterrents in our tax laws to (including income from minerals and other the avoidance of U.S. taxes imposed on the foreign investment in the United States. Our natural resources) on a net income basis and company's shareholders. Hence, there is no rates in many cases are higher than those of 4372 CONGRESSIONAL RECORD - HOUSE March 8, 1965 other countries and in these situations, de­ ently treated as property witllin the United the sale or exchange of U.S. property by an spite tax conventions and statutory foreign States if issued by or enforcible against a expatriate as being U.S. source income. To estate tax credits, nonresidents who invest in domestic corporation or resident ·or the preclude the use of a foreign corporation by the United States suffer an estate tax burden. United States. Accordingly, it is recom­ an expatriate to hold his U.S. property and Moreover, under present law a nonresident mended that our law be amended to provide thus avoid U.S. estate taxes at regular U.S. alien's estate must pay heavier estate taxes that bonds issued by domestic corporations rates, an expatriate is treated as owning his on its U.S. assets than would the estate of a or domestic governmental units and held by pro rata share of the U.S. property held by U.S. citizen owning the same assets. nonresident aliens are property within the any foreign corporation in which he alone To mitigate this deterrent to investment United States and therefore subject to estate owns a 10-percent interest and which he, and to rationalize the estate tax treatment tax. together with related parties, controls. Fur­ of nonresident aliens, the exemption fQr es­ Furthermore, a present defect in the oper­ thermore, the recommended legislation tates of nonresident alien decedents should ation of the credit against the estate tax makes gifts by expatriates of intangibles sit­ be increased from $2,000 to $30,000 and such for State death taxes in the case of non­ uated in the United States subject to gift tax. estates should be subject to tax at the fol­ resident aliens should be corrected. Un­ These provisions would be applicable only lowing rates: der present law the the estate of a non­ to expatriates who surrendered their citizen­ If the taxable estate is not over $100,000, resident alien may receive the full credit ship after March 8, 1965, and would not the tax should be 5 percent of the taxable permitted by section 2011 even though only a apply if contravened by the provisions of a estate. portion of the property subject to Federal tax convention with a foreign country. If the taxable estate is over $100,000 but tax was taxed by a State. The amount of Moreover, they would not be applicable if not over $750,000, the tax shall be $5,000, plus credit permitted by section 2011 in the case the expatriate can establish that the avoid­ 10 percent of excess over $100,000. of nonresident aliens should be limited to ance of U.S. tax was not a principal reason If the taxable estate is over $750,000, the that portion of the credit allowed the estate for his surrender of citizenship. tax shall be $70,000, plus 15 percent of excess which is allocable to property taxed by both 7. Retaining treaty bargaining position: over $750,000. the State and the Federal Government. Provide that the President be given author­ The increase in exemption and reduced Our gift tax law as it applies to nonresi­ ity tp eliminate with respect to a particular rates will bring U.S. effective estate tax rates dent aliens should be revised. Under pres• foreign country any liberalizing changes on nonresident aliens to a level somewhat ent law a nonresident alien doing business in which have been enacted, if he finds that higher than those imposed upon resident the United States is subject to gift tax on the country concerned has not acted to pro­ estates in Switzerland, Germany, France, and transfers of U.S. intangible property. This vide reciprocal concessions for our citizens the Netherlands, for example, but substan­ rule has little significance from the stand­ rurter being requested to do so by the United tially below those imposed on resident estates point of revenue and tax equity. Therefore, States. · in the Unitec Kingdom, Canada, and Italy. our law should be amended to pJ;"ovide that One diflculty which may arise from the Thus U.S. investment from these latter transfers of intangible property by a nonresi­ liberalizing changes being proposed in U.S. countries bears no higher estate tax than dent alien, whether or not engaged in busi­ tax law is that it may place the United local investment because of foreign tax ness in the United States, are not subject States at a disadvantage in negotiating con­ credits or exemptions provided in such coun­ to gift tax. Gifts or tangibles situated in cessions for Americans abroad as respects tries. The proposed tax treatment of the the United States which are owned by non­ foreign tax laws. Moreover, the failure to U.S. estates of nonresident aliens is similar resident aliens will continue to be subject to obtain concessions abroad may have an to the treatment accorded the estates of non­ U.S. gift taxes. eifect upon our revenues since the foreign residents by Canada, whose rates on the 6. Expatriate American citizens: Subject income and estate tax credits we grant our estates of its citizens are comparable to our the U.S. source income of expatriate citizens citizens mean that the United States bears own. Where additional reductions are justi­ of the United States to income tax at regular a large share of the burden of foreign taxa­ fied these may be made by treaty. U.S. rates and their U.S. estates to estate tion of U.S. citizens. To protect the bar­ These changes should result in more ap­ tax at regular U.S. rates, where they surren­ gaining power of the United States the Pres­ propriate estate tax treatment of nonresident der their U.S. citizenship within 10 years ident should therefore be authorized to aliens and thereby improve the climate for preceding the taxable year in question unless reapply present law to the residents of any foreign investment in the United States. the surrender was not tax motivated. foreign country which he finds has not Particularly in the case of nonresident alien As a result of the proposed elimination of acted (when requested by the United States decedents who have only a small amount of graduated rates, taken together with the to do so, as in treaty negotiations) to pro­ U.S. property in their estates, present U.S. proposed change in our estate tax as it ap­ vide for our citizens as respects their U.S. rates and the limited exemption provided plies to nonresident aliens, an American citi­ income or estates substantially the same result in an excessive effective rate of estate zen who gives up his citizenship and moves benefits as those enjoyed by its citizens as tax. The proposed changes correct this sit­ to a foreign country would be able to very a result of the proposed legislative changes. uation. The new rates will produce for non­ substantially reduce his U.S. estate and in­ The provisions reapplied would be limited resident aliens' estates an effective rate of come tax liabilities. to the areii or areas where our citizens were tax on U.S. assets which in many cases is While it may be doubted that there are disadvantaged. Furthermore, the provi­ comparable to that applicable to U.S. citi­ many U.S. citizens who wo~ld be willing to sions reapplied could be partly mitigated, zens who may avail themselves of the $60,000 give up their U.S. citizenship no matter how if that were desirable, by treaty with the exemption a:-n marital deduction (which are substantial the tax incentive, a tax incentive other country. not avaliable to nonresident aliens). so great might lead some Americans to sur­ It is essential, if we are to revise our sys­ The following figures show the effective render their citizenship for the ultimate tem of taxing nonresident aliens as is being rates for nonresident aliens under present benefit of their families. Thus, it seems suggested, that this recommendation be law, and the effective rates produced by the desirable, if progressive rates are eliminated adopted. Otherwise, we risk sacrificing the proposed exemption and rates as compared for nonresident aliens and our estate tax on interests of our citizens subject to tax abroad to those applicable to the estates of U.S. the estates of nonresident aliens is signifi­ and reducing our revenues in an eifort to citizens electing and not electing the marital cantly reduced, that steps be taken to limit simplify the taxes imposed upon nonresident deduction: the tax advantages of alienage for our aliens. citizens. 8. Quarterly payment of withheld taxes: Nonresi- Nonresi- U.S. U.S. The recommended legislation accomplishes Provide that withholding agents collecting dent dent citizen citizen this by providing that a nonresident alien taxes from amounts paid to nonresident U.S. gross alien alien with without who surrendered his U.S. citizenship within estate under under marital marital aliens be required to remit such taxes on a present proposed deduct- deduc- the preceding 10 years shall remain subject quarterly basts. law law tion ti on to tax at regular U.S. rates on all income de­ Under the present system, withholding ------rived from U.S. sources. A similar rule would agents are required to remit taxes withheld apply for estate tax purposes to the U.S. $60,()()() ______12. 5 2. 0 ------on aliens during any calendar year on or be­ 100,000 ______17. 3 3. 0 ------3.0 estates oi expatriate citizens of the United fore March 15 after the close of such year. 500,000 ______25. 8 7.4 8. 0 22.1 States. Thus, the U.S. property owned by ex­ This procedure varies considerably from that 1,000,000 _____ 38.8 8. 8 11. 1 26. 7 patriates would be taxed at the estate tax applicable to domestic income tax withheld 5,000,000. ---- 43.0 12. 6 16. 9 42.3 rates applicable to our citizens (but without from wages and employee and employer FICA the $60,000 exemption, marital deduction and taxes, where quarterly · (1n some cases As part of this revision o! the estate tax, other such provisions applicable to our citi­ monthly) payments are required. the situs rule with respect to bonds should zens), in cases where the alien decedent's Withholding on income derived by non­ be changed. The present rule, very fre­ surrender of citizenship took place less than resident aliens should be brought more quently modified by treaty, is that bonds 10 years before the day of his death. The closely into line wtih the domestic income have situs where they are physically located. $30,000 exemption granted nonresident aliens tax system. There is no reason to permit This rule is illogical, permits tax avoidance, would be allowed to expatriate citizens. withholding agents to keep nonresident and is not a suitable way to determine To prevent an expatriate from avoiding aliens' taxes for periods which may exceed whether bonds are subject to an estate tax regular U.S. rates on his U.S. income by a full year before being required to remit as their location is one of their least sig­ transferring his U.S. property to a foreign those taxes, when employers must remit taxes nificant characteristics for tax purposes. corporation, or disposing o! it overseas, the withheld on domestic wages at least quar­ Other intangible debt obligations are pres- recommended legislation treats profits from terly. The Government loses the use of the March 8, 1965 CONGRESSIONAL RECORD - HOUSE 4373 revenue, which revenue in 1962 exceeded $80 cent withholding tax as it applies to the in­ With the issue settled, LES ARENDS was million, for the entire year. Accordingly, terest income realized from U.S. savings asked if he could work in harness with the section 1461 requiring the return and pay­ bonds by native residents of these islands new minority leader. His answer, plain and ment of taxes withheld on aliens by March should be eliminated. unvarnished, showed in part why ARENDS 15 should be revised to eliminate this spe­ It addition to the changes discussed above, has _such an incredible record of longevity cific requirement. The Secretary or his dele­ the proposed legislation makes a number of as whip: gate would then exercise the general author­ clarifying and conforming changes to pres­ "Of course I'll work with him. Just as ity granted him under sections 6011 and ent law. hard and as faithfully as I've worked with 6071 and require withholding agents to re­ GERRY'S predecessors-JOE MARTIN and turn and remit taxes withheld on income CHARLIE HALLECK--over the past 20 yee.rs." derived by nonresident aliens quart_erly. HON. LESLIE C. ARENDS, He meant just that. Observed highly re­ However, no detailed quarterly return would REPUBLICAN WHIP spected New York Times columnist Arthur be required. Mrs. REID of Illinois. Mr. Speaker, I Krock: "Few, if any, among the House Re­ 9. Exemption for bank deposits: Under publicans doubt that the pledge wm be present law, an exemption from incozne taxes, ask unanimous consent to address the meticulously redeemed." withholding, and estate taxes is provided for House for 1 minute, to revise and extend ARENDS continued, head earnestly forward, bank deposits of nonresident alien individ­ my remarks, and to include extraneous peering over half spectacles: "My interest uals not doing business in the United States. matter. is in the Republican Party and its service By administrative interpretation, deposits in The SPEAKER pro tempore. Is there to the country. Nothing else. The party some savings and loan associations a.re objection to the request of the gentle­ is greater than any individual." treated as bank deposits for purposes of these woman from Illinois? That sums up LES ARENDS-no bitterness, exemptions, but such exemptions do not no backbiting, no vindictiveness, no nega­ apply to most savings and loan associations. There was no objection. tivism. Many other Republicans could take There does not appear to be any justification Mrs. REID of Illinois. Mr. Speaker, a page from his book. for this distinction between types of savings under leave to revise and extend my re­ ARENDS was a gangling country boy when and loan associations and it should be el1.m1- marks, I am inserting in the RECORD a he first arrived in Washington three event!Ul na.ted by extending these exemptions to all column entitled "Politics, Illinois View­ decades ago. He has known the great, the such associations. point," by William H. Rentschler, which near great, and the not so great of America 10. Foreign tax credit-similar credit re­ is a regular column appearing in a num­ over this span of years. He golfed regularly quirement: Section 901(b) (3) provides that ber of newspapers in Illinois. with Ike, has worked intimately with the resident aliens are entitled to a foreign tax That of February 27, which I am in­ titans of Congress. He has acquired polish credit only if their native country allows a and finesse, yet today, at 69, he is still a s1.m1lar credit to our citizens residing in that serting, is of special interest as it per­ gangling, likable, country boy with a charm country. Apparently the provision is de­ tains to the reelection of our colleague faintly reminiscent of Will Rogers. And he signed to encourage foreign countries to the gentlemaia. from Illinois, LESLIE C. is one of thooe rare men of power without grant similar credits to our citizens. How­ ARENDS, as Republican whip. It be­ a trace of pomposity or awe of self. ever, this requirement works a hardship on speaks the high regard we have for him, One evening last fall, LEs ARENDS drove up refugees from totalitarian governments. For not only here in this House, but especially from Melvin to Aurora to speak at a dinner example, the Castro government is not con­ ihroughout the entire State of Illinois. honoring his able and beauteous colleague, cerned with whether CUbans in this country Representative CHARLOTrE REID. He told a receive a foreign tax credit. Therefore, it is The article follows: story that night worth repeating. recommended that the similar credit require­ POLITICS: ILLINOIS VIEWPOINT A man approached a construction site ment of section 901(b) (3) be eliminated, (By William H. Rentschler) where three men were chipping stone, and he asked each in turn what he was doing. subject to reinstatement by the President "Nice guys finish last." Leo Durocher where the foreign country, upon request, re­ The first replied, "Cain't you see, I'm chip­ said it. ping stone." fuses to provide a similar credit for U.S. But the recent reelection of Congressman citizens. Of course, no request would or­ LESLIE c. ARENDS, of Melvin, Ill. (population The second said, "I'm trying to make a dinarily be made in a case, such as Cuba, 550), as minority whip of the U.S. House of living." where the possible reinstatement of the pres­ Representative"s, disproves that theory. The third looked toward the sky and an­ ent reciprocity requirement would have little Nearly everybody likes the long, lank swered, "I'm building a majestic cathedral." or no effect upon the foreign government's Illinoisan with the silver ducktail, who first LES ARENDS' point was that the Republican policy toward U.S. citizens. went to Congress the year the Dionne quin­ Party, to succeed and win, must do more 11. Stamp taxes on original issuances and tuplets were born, who has survived all sorts than chip stone. They must build a cathe­ transfers of foreign stocks and bonds in the of Republican disasters, and who has yet dral. Republicans must project a dream that United States to foreign purchasers: Our to lose an election. will inspire people. They must offer plans stamp tax on certificates of indebtedness 1s "Nice guy" ARENDS reaped the most recent and programs with the magic to stir man's imposed on issuances and transfers within harvest in January, when the 89th Congress blood. the territorial Jurisdiction of the United (the 16th in which ARENDS has served) con­ Some nice guys finish first-like LBs States. The stamp tax on issuances of stock vened. Republicans were smarting from the ARENDS. does not apply to stock issued by a foreign drubbing of last November 3. Indiana's con­ corporation, but the transfer tax applies to servative old pro, CHARLIE HALLECK, had been transfers in the United States. These taxes dumped as minority leader in favor of Con­ THE BRIDGE AT REMAGEN have forced U.S. underwriters who handle gressman GERRY FORD, of Michigan. issuances of foreign bonds and stocks and The eastern wing of the party, tasting Mr. O'HARA of Illinois. Mr. Speaker, their original distribution to foreign pur­ I ask unanimous consent to address the chasers to handle closings overseas. In view blood, wanted LES ARENDS' scalp, too. They of the limited association of such issuances picked Representative PETER FRELINGHUYSEN, House for 1 minute, to revise and extend and transfers with the United States and the a suave, well-born New Jerseyite, to oppose my remarks, and to include extraneous !act that these taxes are ordinarily avoided him. FORD, staking a certain measure of matter. by moving the transactions outside the prestige on the outcome, said he was back­ The SPEAKER pro tempore. ·Is.there United States, our law should be revised to ing FRELINGHUYSEN. The press sensed another Republican rift objection to the request of the gentleman exempt original offerings of :foreign issuers to from Illinois? foreign purchasers from our stamp taxes and gave plenty of ink to this new evidence where only the issuances and transfers take of internecine warfare. Many felt the "new There was no objection. place in the United States. Such an exemp­ broom" approach would sweep the veteran Mr. O'HARA of Illinois. Mr. Speaker, tion would facmtate such transactions and ARENDS into the discard. the story of the bridge over the Rhine their handling by U.S. underwriters and is ARENDS didn't see it quite that way, and at Remagen is a classic of American her­ consistent with our balance-of-payments showed no evidence of panic as the balloting nea.red. Long accustomed to rounding up oism, and I am privileged and honored to objectives. join with the distinguished gentleman 12. Withholding taxes on savings bond in­ stray votes from the Capitol cloakroom, he terest: The Ryukyu Islands, the principal is­ and his informal campaign manager, Rep­ from West Virginia [Mr. HECHLER], in land of which is Okinawa, and the Trust resentative ROBERT H. MICHEL, of Peoria, marking with tenderly remembering re­ Territory of the Pacific, principally the Caro­ working with the other nine Illinois GOP marks the 20th anniversary of an event line, Marshall, and Mariana Islands, although Congressmen, had been buttonholing fellow in World War II in which the daring and under the protection and control of the legislators. the courage and the blinding drive, United States, are technically foreign terri­ Just before the secret vote, ARENDS, the against incalculable odds of American tory. Thus, the islanders are nonresident master nose counter, predicted he'd win by soldiery reached the heights of the sub­ aliens and subject to a 30-percent with­ 10 votes. He was almost right. The final holding tax on interest on U.S. savings tally: ARENDS 70, FRELINGHUYSEN 59. Eleven lime. bonds. This interferes with the selling of Republican Congressmen were absent, and Our able colleague from West Virginia, U.S. savings bonds. Therefore, the 30-per- ARENDS believes he had nine of them. then Captain HEcHLER, was there and all CXI--277 4374 CONGRESSIONAL RECORD - HOUSE March 8, 1965 the action and all the phases and person­ U.S. Government agencies engaged in have failed to prove administration alities of this classic he has bnmortal­ this field. claims that the announced closings will ized in his book, one of the really great Intelligence activities are of vital result in either economy or improved books of the World War Il period that is necessity in the world today. Certainly service to veterans. · still among the best sellers. His .col­ it is of the highest national priority that Certainly, no one is more interested in leagues in this Chamber look forward to this Gov'ernment carry on covert opera­ effecting economy in Government than I. many future occasions when they may tions, and that they be executed with the Is it economical to create new depressed join with him in reliving the g~ory of the tightest secrecy is of the utmost impor­ communities and make their residents bridge at Remagen. tance. However, the Congress, which eligible for Federal assistance because the authorized such functions to begin with, payroll of the closing hospital provides in has a duty to the American people to excess of 40 percent of the community's THE LEGISLATION NEEDED TO review these functions on a regular basis. income? Is it economical to abandon a STRENGTHEN CONGRESSIONAL Intelligence activities have been con­ Veterans' Administration hospital which CONTROLS OVER U.S. INTELLI­ centrated in the Central Intelligence was completely renovated and remodeled GENCE OPERATIONS Agency, although other Government in 1952 at a cost in excess of $2 million? agencies also carry out phases of this Is it economical to abandon a hospital Mr. ROGERS of Florida. Mr. Speaker, function. No such centralization of this built in 1951? Is it economical to aban­ I ask unanimous consent to extend my subject matter exists in the Congress. don one Veterans' Administration hospi­ remarks at this point in the RECORD. The creation of the joint committee as tal while constructing another less than The SPEAKER pro tempore. Is there proposed in my resolution would solve 100 miles away? Is it economical to objection to the request of the gentleman this problem and not only aid coordina­ transfer patients to hospitals with per from Florida? tion in congressional dealing with the diem costs that are higher than those of There was no objection. intelligence community but assist the in­ the closing hospitals? Mr. ROGERS of Florida. Mr. Speak­ telligence community as well as the Can better services to veterans result er we have heard much lately about the Congress. from the elimination of 3,000 domiciliary in~rease in so-called snooping by vari­ Mr. Speaker, the intelligence commu­ beds established for the sole purpose of ous U.S. Government agencies. The Post nity needs closer congressional review. providing, in the words of a Veterans• Office, for example, has admitted putting Former CIA Director Allen Dulles, him­ Administration publication, "a home­ mail covers on as many as 24,000 per­ self, said that the Congress can keep a bed, board, and incidental medical care­ sons, and that the practice of watching secret, and that the early development for men who are so disabled that they their mail has been going on for several of the atomic bomb was related to cer­ cannot suppcrt themselves"? Are we years. tain Members of Congress is now com­ providing better service by making a sick Food and Drug Administration officials mon knowledge. Security can be pro­ veteran travel hundreds of miles from have used concealed tape recorders while tected and in fact improved by the home to obtain the hospital care that a visiting businessmen, no advance warn­ creation of this congressional watchdog grateful nation has said he deserves? ing being given that the conversations committee. All of these questions, Mr. Speaker, must were being recorded. Vice President HUMPHREY introduced be answered in the negative. And stories are circulated about the legislation similar to the measure I off er I have devoted considerable thought to CIA operating right here inside the Unit­ today during his service in the Senate. a possible solution to the problem pcsed ed States-activities ranging from a Other Senators and Members of the by the closing of these installations. The charity foundation in New. York to an House have done likewise. I urge the most obvious solution, of course, would oil business in Miami. Certainly we in early enactment of legislation to estab­ be to prohibit the closing of any Veter­ Florida are aware of CIA activities inside lish this joint committee to oversee the ans' Administration hospital or domicil­ the United States due to the role our intelligence community. This aspect of iary unless approved by the Congress. State has played in the Cuban situation. the Government is like any other in that I do not believe, however, that it would I am asking whether snooping by mall if not supervised regularly it will get out be wise to tie the hands of the Admin­ cover, concealed tape recorders, or do­ of hand. istrator of Veterans' Affairs in this man­ mestically based cloak-and-dagger op­ ner. The shifting veteran population and erations are proper activities for the U.S. CLOSING OF VETERANS' ADMINIS­ other factors require that the Admin­ Government in terms of authority grant­ istrator have some degree of flexibility ed by acts of the Congress. Many ques­ TRATION FACILITIES in determining the locations of hospitals. tions can be raised concerning Govern­ Mr. ADAIR. Mr. Speaker, I ask unan­ Coincidental to such authority, how­ ment operations going beyond the limits imous consent to address the House for 1 ever, is the responsibility for exercising originally authorized by Congress. What minute and to revise and extend my sound judgment in determining the loca­ assurances have been given that mall remarks. tion of these hospitals. The events of covers, taped visits by an agency seem­ The SPEAK.ER pro tempore. Is there recent weeks have seriously shaken my ingly outside the intelligence field, and objection to the request of the gentleman confidence in the ability of Veterans' Ad­ a number of other actions in questionable from Indiana? ministration omcials to exercise sound areas carried out by various Government There was no objection. judgment when confronted with pres­ agencies are not being done at the re­ Mr. ADAm. Mr. Speaker, my col­ ~ures from higher authority. quest of the intelligence community? leagues on both sides of the political Therefore, I have today introduced a To allow this trend to go unchecked aisle are aware of the controversy stem­ blll that will require the Veterans' Ad­ would transform the American version of ming from the administration's an­ ministration to publish the notice of pro­ democracy into a police state. Who nounced closing of 11 Veterans' Adminis­ posed closings or relocations of hospitals, knows what uses the Government will tratiQn hospitals and 4 domiciliary domiciliaries or outpatient clinics in the find for information obtained through homes. A subcommittee in the other Federal Register at least 6 months in ad­ invasions of individual privacy? The body and our own Committee on Vet­ vance of the effective date. This provi­ Congress ought to find out through con­ erans' Affairs have heard Veterans' Ad­ sion of my bill will serve to prevent a re­ stant scrutiny of the various agencies ministration spokesmen attempt to jus­ currence of the precipitous action taken concerned. tify the closing order. We have heard by the administration in the present in­ I urge the establishment of a joint testimony from o:pponents of the closing stance. Appropriate committees of the House-Senate watchdog committee to order that contradict the Veterans' Ad­ Congress will then have sumcient time to oversee the activities of the CIA, the ministration statements on this subject. examine the propriety of the action if the Defense Department, the State Depart­ Whether the Veterans' Administration circumstances warrant it. ment, and any other U.S. Government or its opponents in this matter are in er­ Equally alarming, Mr. Speaker, al­ agency concerned with intelligence gath­ ror is somewhat academic at this point. though somewhat obscured by the inten­ ering, interpretation, or operations. The The indisputable fact remains that the sity of feeling about individual hospital joint committee would have broad juris­ Veterans' Administration and the Bureau closing; are the long-range implications diction, but its jurisdiction would be no of the Budget in open testimony before of the administration's actions. Accord­ broader than that already allowed the committees of both Houses of Congress ing to information furnished by the Vet- March 8, 1965 CONGRESSIONAL RECORD -- HOUSE 4375 erans' Administration, 2,536 fewer gen­ where the transaction is local, the Com­ by our various universities and post­ eral and neuropsychiatric hospital beds mission has no jurisdiction and should graduate schools depending too heavily will be operated in fiscal 1966 than are have none. Their extension of authority on Federal grants or contracts for re­ currently being operated. In these same would result in unnecessary duplication search-with or without percentages of hospitals, an average patient load of of State and Federal jurisdiction and overage per project-and so forth. 1,352 fewer· veterans will be treated each would cause extra expense to individ­ Finally, Mr. Speaker, as a member of the day in fiscal 1966 than are currently be­ ual companies and consumers because of Rand D, T and E Subcommittee of the ing treated. overlapping requirements regarding the Armed Services, it has become increas­ Now, the Veterans' Administration will filing of reports and information. ingly apparent to me that too much point with pride to the fact that during My bill would eliminate the duplication present research is 'built on the vertical this same period they will operate 1,239 by stating in clear terms that are not style of blocks such as basic, applied, more nursing care beds in 1966 than were subject to misinterpretation that the developmental, testing, engineering, pro­ operated in 1965. Let me remind my Commission is to regulate interstate sales curement, and possibly, finally, produc­ colleagues that the Congress in Public and the States are to regulate intrastate tion. The "horizontal approach" is Law 88-450 authorized the Administrator sales. much better, if the end-result is to be in to establish and operate 4,000 additional This legislation would not be necessary the hands of those who need it so badly nursing care beds. The report of the had the intent of Congress been carried at the earliest practicable date, and sup­ Committee on Veterans' Affairs which out as set forth in the original legislation. ported by taxpayers money inasmuch; as accompanied this legislation at the time A situation similar to the present one all basic and applied research must it was favorably reported to the House presented itself in relation to regulation eventually come to engineering specifi­ authorized immediately 2,000 additional of natural gas almost 10 years ago, when cally. Why not simultaneously? Ad­ nursing care beds. Let me quote from the Commission attempted to exercise mittedly, research is duplicative and that report, "the 2,000 additional nurs­ jurisdiction over the local distribution sometimes overlapping and may even be ing home care beds are to be provided in of natural gas, even though distribution wasteful, but it is the seat of expanded the immediate future and to be fully op­ and sale was being regulated by State knowledge. Why therefore, I repeat, erated at the earliest practicable date." agencies. At that time, as well as now not engineer, test, and develop good ideas The plain facts, Mr. Speaker, are that with electricity, there was no question from the caldron of basic and applied re­ the administration has failed to view of the right of the Federal agency in re­ search, simultaneously? the nursing care beds as additional to gard to regulating the interstate trans­ Indeed, private industry with its own the beds already being operated and they actions. However, they sought to control funds has adopted this "combined sys­ have failed to provide them in the im­ the intrastate operations of local com­ tem's approach" to Rand D, T and E mediate future. These figures alarm me, panies as well. with startling results. This places the Mr. Speaker, because they represent the Congress was quick to amend the Nat­ finally evolved tool in the hand of the erosion of the splendid system of Vet­ ural Gas Act so as to restore its original user at a much earlier date, saves time, erans' Administration hospitals that intent and preserve local regulation by moneys, and evolves "breakthroughs" of have been maintained over the years. I the States, while in no way restricting first magnitudes. am unable to reconcile this callous dis­ the Commission's jurisdiction over inter­ Toward that end I am also enclosing regard of the needs of the Nation's sick state distributibn. We presently find the my recent news releases showing the and needy aging veteran with the stated Federal Power Commission attempting folly of too much taxpayers' money sup­ goal of the Great Society "to improve the to extend its jurisdiction in a like man­ port in areas that are analogous to those quality of life for all." ner in the electrical energy field. of "A Path and Its Pitfall" by Wilfred The bill which I have introduced today It was hoped in the present case of E. Wooldridge, M.D., the editor of the also contains a provision making it man­ electric power the Commission would Greene County Medical Society Bul­ datory that· the Veterans' Administration look to the instruction of the Congress letin. operate not less than 124,000 general, in regard to the natural gas matter to [From the Bulletin of the Greene County neuropsychiatric, and nursing care beds. see congressional intent. Apparently, the Medical Society, Springfield, Mo., February This will assure the continued operation Power Commission does not understand 1965] of the Veterans' Administration hospital the congressional intent and they seek A PATH AND ITS PITFALL system at least at the 1965 operating level to interpret the Federal Power Act to (By Wilfred E. Wooldridge) in addition to the 4,000 authorized nurs­ broaden their own jurisdiction. Congres­ The greaiter part of medical research of ing care beds. I urge my colleagues to sional action is therefore necessary once the last 10 years has been devoted to the support this bill. again. laboratory approach to illness rather than the clinical. This has not been altogether healthy for medicine for a complication of FEDERAL POWER ACT ACADEMIC RESEARCH this staite of affairs has been a widening breach between the physician in practice and Mr. ROGERS of Florida. Mr.-Speaker, Mr. HALL. Mr. Speaker, I ask unani­ the physician in research, the latter usually I ask unanimous consent to extend my mous consent to address the House for representing a teaching institution. remarks at this .point in the RECORD. 1 minute, to revise and extend my re­ The technical advances of these 10 years The SPEAKER pro tempore. Is there marks, and to include extraneous matter. have been tremendous and it is not reaUstic objection to the request of the gentleman The SPEAKER pro tempore. Is there to advocate that the tools thus made avail­ from Florida? objection to the request of the gentleman able not be used, but it is equally unrealistic There was no objection. from Missouri? to make broad assumptions that human 111- ness can be reduced to the man1pulait1on of Mr. ROGERS of Florida. Mr. Speaker, There was no objection. mechanical gadgets. It is a failing of the today I have introduced legislation to Mr. HALL. Mr. Speaker, I include human mind that the thinking process under clarify the intent of the Federal Power herewith an editorial from the Bulletin those circumstances becomes also mechani­ Act. of the Greene County Medical Society in cal, once the leavening of consideration for The Federal Power Commission recent­ Springfield, Mo., for February 1965, en­ the 11lness of a fellow man ls somewhere lost ly began an effort to regulate intrastate titled "A Path and Its Pitfall." It speaks beneath an the equipment. electrical power, already regulated under for itself, and I commend it to all Mem­ This aseptic approach to medical research in our institutions has resulted in reams of State laws and not under Federal con­ bers of the House and specifically those reports so sophisticated that they are of use trol in the past. of the 88th Congress' Special Committee only in other institutions, thereby bypassing From recent actions, it is apparent the on Research and Development, as well as the great legion of medical men who live Federal Power Commission is seeking to existing ones in the Armed Services Com­ with paitlents every day. I do not mean to regulate the activities of companies en­ mittee on which I serve, and others. belittle this pure research, except to the ex­ gaged in the transmission of electric en­ For too long, as one of the trained tent that it encroaches upon and replaces ergy whose operations heretofore have scientists of the Congress, I have been that which is applicable to human disease. But such does occur and we must thus be­ been regulated by the States. Where concerned about direct and indirect over­ ware that the availability of new techniques, there is a bona fide interstate transaction utmzation of scientific researchers and and the awesome laboratories in which they the Commission should obviously have technologists throughout the country by are used, not preoccupy us so completely jurisdiction and does under the law. But Government. I am further concerned that medicine becomes split into one camp 4376 CONGRESSIONAL RECORD - HOUSE March 8, 1965 representing the professor and another the Among the research grants questioned by search and Development, I've always sup­ practitioner. The implications of such a di­ HALL, and listed in the latest compilation by ported sound and justified research projects, vision are at once obvious, especially in these the National Science Foundation: and have, since 1961, voted for appropriations times so perplexing for medicine. Population Biology of Indo-Australian totaling over $24 billion for projects, which This trend to purely laboratory science is Ants--$70,000; The Analysis of Nest Build­ I believe to be vital and necessary. nowhere more evident than in one of our ing in Textor cucullatus--$36,000; Decision­ "But this makes it all the more important dermatologic journals which has been under­ making in Small Groups--$89,000; Prepara­ that great discretion be used in determin­ going a gradual desiccation of spirit in the tion of a Handbook of Middle American ing what is a proper area for Federal expendi­ decade past. Formerly I found myself re­ IndianS--$124,700; Studies of Social Institu­ tures and what is not. I do not believe that ferring, time after time, to key reports in tions--$88,100; Ambiguity in Personality As­ popularity polls costing almost a quarter that journal, reports which would aid me sessment--$80,000; Prehispanic Settlement of a million dollars are justified at the very with my problems of practice. Those pages Patterns of Teotihuacan--$17,900; Formal time when Congress is attempting to finance are well-worn and I love the articles and Analysis of Interpersonal Relationships-­ a multitude of vital programs dealing with their wisdom as I love old friends. There $41,900; Urban Structure of the SOviet domestic and international problems, espe­ was little love wasted, however, on the No­ Union-$23,900; Prehistoric Mexican ·in­ cially when there are numerous private poll­ vember 1964 issue of that same journal which fluence on the Maya--$4,400; Nubian Pre­ ing organizations engaged in similar activity led off with "Experiments in the Sweating history--$98,000; Bronze Age Influences in at no cost to the taxpayer. on the Palms of the Green Monkey" and pro­ Eastern Europe-$3,200; Archeological Sal­ "For this expenditure what have we ceeded with more and more of the same until vage in the Aswan Reservoir Area (Egypt)­ learned? This is the way the poll rates the I come to "The Direct Effect on ACTH on the $53,800; Anthropological Study of Cen­ prestige of various occupations: Rat Preputial Gland." Both of these projects tral Polynesia--$6,800; Conference on the "Rank were accomplished under grants from the Na­ StatU.s of Research in Prehistoric Archeology Occupations: in poll tional Institutes of Health. I have no argu­ in the Aswan Dam Area--$17 ,400; Aboriginal U.S. ·supreme Court Justice______1 ment with them except that they should have Occupation and Land Ut111zation in North­ Physician------2 appeared in a journal of comparative zoology; western Colorad0--$20,700; Chromosomes Nuclear physicist______3 this particularly when the society publishing of the Chipmunk&-$12,600; Cultural Re­ Scientist------3 the journal would be out of business without lationships Among Prehistoric CUltures-­ State Governor______5 the practicing physician to support it. $34,000; Phylogeny and Faunal Afflnities of Government scientist------5 Neither has this trend been limited to pub­ Fossil Bryozoa in the Middle Ordovician Cabinet member______7 lications. Indeed, the publishing of such Through Silurian--$34,400; Behavior and U.S. Congressman______7 oblique medical articles is only a reflection of Breeding of Tree ShrewS--$20,200; Specia­ ·College professor------7 where the interest all too frequently lies in tion in Cave BeetleS--$14,000; Social Struc­ Chemist------·------10 our schools of medicine. A good example re­ tures in Madagascar--$630; Hum.an Ecology Lawyer------·------10 cently occurred in one of our more prominent of the New Guinea Rain Forest--$20,000; Diplomat------·------10 schools when the professor of medicine Early Man in South America-$13,500; A Dentist ______------13 showed commendable vigor in arranging with Basic Index of Social Change--$25,500; Study a great foundation for almost a half-million Architect------·------13 of American Kinship . Structure--$6,500; Countyjudge------~------13 dollars to endow a chair of dermatology. Paleocology of the Nile--$24,700; Linguistic Psychologist------16 Once that was accomplished, the professor Study of Kymara and Kawki-$5,400; a Director, large corporation ______16 then hired an im.'llunologist and installed Multilingual Thesearus of the Languages of him as professor of dermatology, despite the Mayor, large citY----·------16 the World--$79,700; Directed Culture Minister------·------16 fact the man could not have diagnosed a case Change--$25,000; and so on ad infinitum. Department head, State government___ 20 of scabies on a clear day. He was then ex­ Representative HALL said the projects cited pected to administer a group of volunteer Airline pilot------20 are only a minute percentage of the total Priest------20 clinicians and the avowed purpose of the de­ grants, but they serve to illustrate how deep­ Civil engineer ______20 partment was the training of young men in ly the taxpayer is involved in every conceiv­ dermatology. The result was exactly what a Banker------·------24 able area of academic interest. Biologist------~------24 child might expect; internecine revolt, which "I think the Congress must relate the set the department pack several years, but benefit which may or may not flow from such "I make no issue over the accuracy of the not until the "Precipition Reactions of the expenditures to the danger of mounting na­ poll, however interesting some of its conclu­ Golden Hamster in a Cold Chamber,'' or some tional debt, deficit financing, and a restric­ sions may be. I do question whether it was such piffle, had been thoroughly studied. worth $186,000, especially when the Congress I do not presume to chart a path for medi­ tive and prohibitive tax :rate. is making every effort to preserve the value cal research. I am neither qualified by "One project in particular which I take of our currency, by keeping expenses within training nor by mental capacity to do so. exception to is a poll, taken at taxpayers' available revenues. expense to determine among other things, But not for a moment do I doubt thait a great "To further illustrate the need for sound deal of medical research funds are being how popular politicans are in relation to other occupations. The poll is being con­ priorities in the selection of research projects, foolishly expended, one consequence being it should also be pointed out that the John­ that the concentration of interest in our ducted by the National Opinion Research Center of the University of Chicago. son administration has proposed a severe teaching institutions too seldom lies in the slash in Federal support for soil and water training of the young men on whom we must "As a physician as well as a Congressman, conservation programs. I think this program depend tomorrow to heal our sick. perhaps I ·. should be pleased that the poll of technical assistance is far more important shows that physicians rank No. 2 in p~estlge. But I challenge the prudent use of taxpayers' to farmers throughout the Nation than any [Release from the om.ce of Representative 'popularity' poll. In Dade County alone we DuRWARD G. HALL] funds to conduct such a poll and perhaps this kind of expenditures of public funds are have almost 500 farms under cooperative ANTS IN OUR GRANTS one reason that 'political occupations in gen­ agreement and .270 of these have developed Representatives DURWARD G. HALL, Repul>­ eral have lost prestige' as the poll states. complete soil and water conservation plans. lican, of Missouri, believes the Federal This program has been so well received in "All the lights that pave been turned out southw.est Missouri that we have organized Government is betraying its responsib111ty at the White House wouldn't pay for the to the taxpayer by expending v·ast sums of seven new districts in 6 years. The adminis­ $70,000 study of Indo-Australian ants. I tration proposal for a revolving fund to col­ money on certain research projects "which think perhaps we've got ants in our grants." may not be justified at all, but certainly not lect for SCS technical assistance would se­ in a year when the country experiences a $5 POPULARITY POLL riously jeopardize the program, which was b1llion deficit. Congressman DURWARD G. HALL said today developed 30 years ago to provide SCS tech­ "During 1964, the Federal Government a poll financed by the Federal Government-­ nical assistance without charge to farmers through the National Science Foundation at a cost to the taxpayers of $186,000-to willing to follow scientifically developed con­ allocated $358,551,437 in research projects determine the popularity of politicians in servation programs on their properties. I which are incredibly broad in scope. No comparison to other occupations was made have always supported the program in every doubt many of these projects are valid, but by the National Opinion Research Center of Agriculture Department appropriation bill in I suspect many others should more rightly be the University of Chicago, and covers a 3-year the 5 years that I've served in the Congress, financed by interested private foundations period. The study was financed by means of because it replenishes our basic resource­ rather than by the taxpayers. a grant from the National Science Founda­ the soil-for future generations. "Academic research often serves as useful tion. "If there's to be a cutback in Federal ex­ purposes, but it's not such a 'sacred cow' "Any private foundation, of course, is free penditures, I believe it should be in the fteld that we can afford to allocate such great to conduct any kind of poll it wants, but I of financing 'popularity' polls, and not in a amounts of Federal funds for every purpose do not believe the taxpayers should be ft­ service of vital importance to our farm popu­ under the sun. In many cases, the lure of ancing such a poll at a time when the Fed­ lation. The administration has also an- · Federal money diverts thousands of pro­ eral budget is experiencing deficits averag­ nounced plans for a sharp cutback in agricul­ fessors from their primary duty to teach, ing $6 b1llion, the past 3 years. As one of ture research stations throughout the coun­ while their classes are taught instead by the ranking Republican members of the try, at the very time when we need to find assistants chosen from among students." House Armed Services Subcommittee on Re- new markets and uses for agriculture by- March 8, 1965 CONGRESSIONAL RECORD - HOUSE 4377 products. We managed to secure a 3-month generally are regarded as far from successful. sible, to bear on the solution to these delay in this slash, but the administration In the last few weeks, since the new crisis problems. has announced its intentions to put it into over counterattacks by the United States I urgently request that the Office of effect at the end of that time along with the against North Vietnam, the terrorists have further cutback in VA :facllities. These are become bolder. They took a potshot at an Economic Opportunity be made aware all the more reasons why the people have American m111tary attache here, bu.t missed, of the seriousness of this problem and cause to challenge federally financed popu­ soon after the United States bombed North that all such further projects be co­ larity polls, under the guise of 'research.' " Vietnamese bases. ordinated with our State officials. I call Crudely painted signs have begun appear­ this to the attention of the Members of ing on walls all over Guatemala City, reading, the Congress, to point out a problem .COMMUNIST ACTIVITIES IN LA TIN "Yankis-Fuera de Vietnam"-"Yankees, get which has arisen in my State, and may AMERICA out of Vietnam." The Peralta government is under attack in well be true of their particular State. Mr. YOUNGER. Mr. Speaker, I ask two sectors-in the capital by an under­ The cabinet of Florida felt so strongly unanimous consent to address the House ground of about 1,000 antagonists and in about this matter that they have passed for 1 minute, to revise and extend my re­ the Izabal-Puerto Barrios jungle section of a resolution which sets forth their objec­ marks, and to include extraneous matter. the Caribbean cqastal region by an esti­ tion ·and recommendations. I sincerely The SPEAKER pro tempore. Is there mated 150 to 300 men. Government leaders hope they will be adhered to. believe that the guerrmas in the country The resolution follows: .objection to the request of the gentleman and terrorist.a in the city take their lead from from California? Castro Cuba, a bitter, enemy of Guatemala, Whereas the Economic Opportunity Act of There was no objection. and from Peiping. 1964 has been enacted into law; and Mr. YOUNGER. Mr. Speaker, with all The known leader of the underground is a Whereas widespread interest in the pro­ of the trouble we are having in Vietnam, young, half-Chinese former Guatemalan grams and services made possible by this Army omcer named Marco Antonio Yong act is evidenced among State and local or­ we are completely losing sight of what ganizations and agencies in Florida, both is happening closer to home in Central Sosa. He has. admitted to a leftist Mexican magazine writer that his forces have carried public and private; and and South America. It seems strange to out a number of political assassinations. Whereas the Governor of Florida and mem­ me that for almost the .Past year, neither Ironically, Yong Sosa was trained in guer­ bers of this cabinet have indicated their from the President nor the Secretary of rma operations by the U.S. Army a.t its desire to cooperate with the Federal Govern­ State has any information been given Ranger training base in Panama. ment and assist in the planning and imple­ out about Cuba and the training of the Some observers believe he is tipped o:ff mentation of worthy projects and programs by sympathizers in the army whenever a move designed to eliminate the cause O!f poverty saboteurs in that country who are sent in this State; and into the Latin American countries. is p1anned against him. Others point out that about 99 percent of the Guatemalan Whereas this cabinet has established with­ The story appearing in the Washing­ Army is made up of Indian troops. Yong in the otftce of the Governor a division of ton Star of March 5 is one of the Sosa's men also are Indians and it is said economic opportunity in which professional first stories that I have seen recently in the troops are reluctant to fight against their personnel are employed to provide informa­ regard to Communist activities in any of own people. tion and technical assistance to local agen­ the Latin American countries. I dare­ The best estimate is that the Peralta cies and groups in connection with programs say that those saboteurs causing the dif­ government is far too strong to be toppled by under the Economic Opportunity Act, and to the terrorists and guerrillas. But it is con­ arrange for the specialized resources of other ficulty mentioned were probably trained State agencies to be brought to the aid of in Cuba. ceded that there is strong nuisance value to tlie attacks and that they cause political un­ project planners at the l;'tate and local The article follows: rest in Guatemala. levels wherever possible; and LATIN AMERICA, 1965-PEIPING-LINE REDS IN Whereas it is firmly believed that through GUATEMALA TuRNING BOLDER the proper involvement of State agency per­ sonnel and other resources in the planning (By Jeremiah O'Lf:ary) ECONOMIC OPPORTUNITY PRO­ and operation of projects, more effective pro­ GUATEMALA CITY, GUATEMALA.-Terrorists grams will result in the war on poverty; and believed to be Peiping-line Communists are GRAM MUST HAVE STATE COOR­ Whereas projects under the said Economic growing increasingly bolder in the 2-year DINATION Opportunity Act which are subject to ap­ war they have been waging against the mili­ Mr. FUQUA. Mr. Speaker, I ask proval by the Governor of the State have tary government of . Col. Enrique Peralta unanimous consent to address the House been negotiated directly by the Washington Azurdia. Office of Economic Opportunity (and other Their boldest move came recently when for 1 minute, to revise and extend my Federal agencies having delegated responsi­ they took advantage of a national celebration remarks, and to include a resolution from b111ties under the act) and, local public and to attack a convoy of Guatemalan troops as the cabinet of Florida. private nonprofit agencies in Florida, with they passed under the Olympic Bridge over­ The SPEAKER pro tempore. Is there no involvement of State agencies or officials; pass on one of the busiest streets in the objection to the request of the gentleman and capital. from Florida? Whereas plans for the initiation of the Two soldiers were killed and four critically There was no objection. said projects thus negotiated have been pub­ wounded when the terrorists dropped a frag­ licly announced to the Nation by Federal mentation grenade into a crowded army Mr. FUQUA. · Mr. Speaker, the re­ authorities prior to any consultation with truck on he~vily traveled 10th Avenue in cently enacted Economic Opportunity or referral of information concerning the broad daylight. The government later said Act is designed to . eliminate the causes said projects to the Governor of the State; the terrorists also opened fire with a machine of poverty within these United States. and gun emplaced under the bridge. The Governor and the cabinet of the Whereas State a·nd local tax moneys are By unotftcial count, the deaths raised the State of Florida are anxious to cooperate involved as matching funds in some of the number of persons slain by the terrorists in in this program, to make its dreams a projects thus negotiated and announced to the last 2 years to about 80. the Nation; and The government withheld all news of the reality. Whereas the procedures described above attack until an army colonel issued a com­ However, the Governor and the cabi­ whereby State officials and the established munique at the palace at 8 p.m. . This re­ net have been highly, concerned that department of State government are bypassed porter had arrived at La Aurora Airport about projects under this program, which are in the negotiations and planning between 2 hours after the attack and had put in a subject to approval by the Governor, have Federal and local authorities appear to rep­ radio telephone call to the Star to tell about been negotiated directly by the Washing­ resent an established policy of the Wash­ the attack hours before the formal announce­ ton Office of Economic Opportunity and ington omce of Economic Opportunity, and ment. Just as the reporter started to relate portend an even wider application on the what had happened, the Guatemalan oper­ other Federal agencies having delegated part of the Federal Government into other ator broke in to say there would be an inter­ responsibilities under the act, and local Federal assistance programs: Now, there­ ruption to change radio frequencies. And public and private nonprofit agencies in fore, be it for the next 4 hours, the Tropical Radio Co. Florida, with no involvement of State Resolved, That the Governor of Florida insisted that weather conditions had dis­ agencies or officials. and members of this cabinet who hold di­ rupted all service. Mr. Speaker, this is a very serious mis­ rect responsibilities under the constitution Guatemalan newspapers the next day said take. Florida has established within the and laws of Florida for the general oversight the army captured a machine gun at the and management of the operating public overpass, seized numerous persons under pre­ office of the Governor a division of eco­ agencies and programs in this State, includ­ ventive arrest, and described the govern­ nomic opportunity, staffed with compe­ ing health, education, welfare, industrial de­ ment's action as a "suceso." · tent professional personnel, to coordinate velopment and planning, and resource con­ To many observers here, ,however, the Gov­ and assist in this program, and to bring servation and development, do hereby object ernment's measures 'against the terrorists the full resources of the State, when pos- to and protest the course of action currently 4378 CONGRESSIONAL RECORD - HOUSE March 8, 1965 being pursued by the Office of Economic Op­ not be granted the financing. This is imburse the bank for 90 percent of the portunity and related Federal agencies which true in every type of lending operation. outstanding principal and interest of the results in the said officials and agencies of The SBIC industry is not a finished loan. the State being bypassed and ignored in the negotiations having to do with activities and product. There are still rough edges to Since the guarantee included the in­ programs in their above stated respective be smoothed, but the future of this in­ terest payments and provided a 90-per­ areas of operational responsib111ty; and dustry as a source of financing for small cent payoff, the bank for all intents and further be it business is indeed bright. purposes had a 100-percent guarantee as Resolved, That the said Federal agencies Since the American Bankers Associa­ far as principal was concerned and stood be requested to cease and desist from this tion has brought up the subject of small to lose nothing in the event of a default. policy and to pursue instead a policy of business financing, I think it would be Federal-State cooperation in these programs SBA has also tried to interest banks in of mutual interest and concern; and further both educational and extremely inter­ participating with the Agency in direct be it esting to look into the records to find out loans to small businesses and has gone Resolved, That favorable consideration of who does supply the capital for small as far as to offer to buy up the bank's projects referred to the Governor of Florida business operations. portion of the loan on 24 hours' notice, under provisions of section 209 ( c) of the At the present time there are some 700 again giving the bank almost complete Economic Opportunity Act, shall be condi­ small business investment companies in protection. Even with these ironclad tioned hereafter upon the cooperation of operation in the United States. Although both Federal and local authorities in afford­ guarantees, the banks have not fulfilled ing the opportunity for appropriate State the act setting up SBIC's was passed in their obligation to small business. participation in the planning, development, 1958, it was not until late 1959 that a Recently in correspandence to SBA I and implementation of the said projects. significant amount of companies were in asked them to evaluate banks' role in HAYDON BURNS, operation. Since 1959 SBIC's have ac­ SBA's guaranteed lending program. Governor. counted for more than 15,00-0 invest­ This is the answer I received: TOM ADAMS, ments in small business concerns. These Secretary of State. investments total more than $718 mil­ Very few banks have indicated any inter­ EARL FAIRCLOTH, est in the loan guarantee plan. For the first Attorney General. lion. 4 months.of fiscal 1964, there were 206 loans RAYE. GREEN, The SBIC program was instituted be­ under the guarantee plan or about 5 percent Comptroller. cause banks were not providing the fi­ of the total of 4,117 loans participated in BROWARD WILLIAMS, nancing needed for small business. If or made directly by the Agency. The dollar Treasurer. banks were doing the job in the small volume was less than 5 percent of the total THOMAS D . BAILEY, business area, we would not have an SBIC dollar volume of SBA's loans made in the Superintendent of Public Instruction. program today. A similar banker short­ financial assistance division. DOYLE CONNER, Commissioner of Agriculture. coming led to the creation of the savings For clarity, let me state again the two and loan industry. If banks had provid­ types of loan transactions that are in­ ed adequate funds for home purchasing, volved here. The guarantee phase in­ ARE BANKS SHIRKING THEffi they would not be faced with the com­ volves loans that are made directly to SMALL BUSINESS FINANCING petition from savings and loans today. small businesses by banks with repay­ ROLES? These feelings toward banks and small ment guaranteed by SBA. In addition, business are not mine alone. The Small loans that are made by both banks and Mr. PATMAN. Mr. Speaker, I ask Business Administration for years has SBA as partners are considered in this unanimous consent to extend my remarks been trying to sell its seasoned loans to category. The other type operation we at this point in the RECORD and include a banks. are talking about are loans that are made statement I made before a committee In addition, a concerted effort has been by SBA directly to small business and this morning concerning Small Business made by SBA to interest banks in par­ then sold to banks. I reported earlier Administration loans. ticipating with SBA in small business that until this year only about $8 million The SPEAKER pro tempare. Is there lending. Have their efforts been suc­ worth of these loans had been sold an­ objection to the request of the gentleman cessful? In a December speech SBA Ad­ nually to banks. During the current from Texas? ministrator Eugene Foley provided the fiscal year banks have purchased some There was no objection. answer when he said: $22 million worth of loans from SBA. Mr. PATMAN. Mr. Speaker, this Banks have not participated in our loan This increase was brought about by morning I testified before a subcommit­ guarantee program to the extent we had SBA's hiring of retired bankers to in­ tee of the House Appropriations Com­ hoped they would, and in joint loans with terest banks in the purchase plan. While mittee on the budget request for the SBA they provide an average of only 25 per­ this increase in loan purchases on the Small Business Administration. Re­ cent of the total financing. bank's part is admirable, it is still only cently SBA was forced to curtail its lend­ Had banks taken an active interest in a scratch on the surface of the $700 mil­ ing. activity because of a shortage of small business, we would not have been lion loan pool that SBA has outstanding. funds. One of the main reasons for this faced with the situation that developed With a 90-percent guarantee on both shortage was that banks had not par­ this winter that saw SBA almost entirely principal and interest, there is no reason ticipated in the SBA lending program as depleted of lendable funds, thus causing why banks should not buy up large pools frequently as expected. On the other a ceiling of $15,000 on direct loans. Since of these loans. This, in tum, would free hand, while banks have not been sup­ SBA operates on a revolving fund basis, new funds. for lending to small business porting small business, the Small Busi­ the amount of money it can have out­ by SBA. If this were done, it would not ness Investment Co. program has per­ standing at any one time is limited. Its be necessary, as is the present case, for formed admirably in this area and the loan supply is determined by the degree SBA to tell a small businessman that "we prospects for increased small business fi­ of speed with which the loans are repaid. can only loan you $15,000 because we are nancing for this industry are bright. To establish a secondary market, SBA short of funds." In the event of a dis­ AMERICAN BANKERS ASSOCIATION REFUSES TO long ago tried to interest banks in pur­ aster, what little loan funds that remain ACCEPT THE BLAME FOR SMALL BUSINESS chasing certain seasoned loans so that in SBA would soon be depleted, even with FINANCING PROBLEMS the Agency would have the money avail­ the $15,000 limitation. Mr. Speaker, recently several trade able for loans at the present time rather There are nearly 14,000 commercial publications reported that the American than waiting for the full maturity period. banks in the United States. But, on the Bankers Association will oppose certain In order to entice banks, SBA sold these other hand, there are less than 800 legislative goals of the small business in­ loans on a 90-percent-guarantee-payoff SBIC's. Commerical banks have billions vestment company industry because it is basis. The guarantee included both of dollars to lend while the average SBIC alleged that some small businessmen told principal and interest. For this guar­ has only some $300;000 in beginning cap­ ABA they were unable to obtain financ­ antee the bank had to pay only one-half ital with which to· make investments. ing from SBIC's. The ABA implication of 1 percent. They still received 5 per­ Despite the dollar limitations and the 1s that SBIC's are not helping small busi­ cent interest on the purchased loan. limited number of SBIC's, this industry, ness. That means that if SBA sold a loan to as I reported before, has made more than Certainly, every small businessman a bank and the small business concern 15,000 investments totaling $715 million. who ~pplles to an SBIC for a loan will defaulted on that loan SBA would re- A majority of these investments were March 8, 1965 CONGRESSIONAL RECORD - HOUSE 4379 made in companies who turned to SBIC's Mr. AYRES. Mr. Speaker, this is my is a charity program-and that charity because the local banker would not help 15th year in the House of Representa­ begins at home. They forget that Presi­ them and had it not been for the SBIC, tives and my voting record will show dent Johnson said that $3,000 in earnings many of these companies would not be in that I was never one to cast a vote for by a family put that family in a poverty operation today. I need not tell you of opposition's sake. level. They first set their own level of the countless jobs that have been saved I am of the firm conviction that we poverty at $25,000 a year and voted them­ by this industry and the thousands of can reach the President's avowed edu­ selves salaries of that amount. dollars in taxes that this industry has cational objectives by the passage of the No wonder that the President found brought in both directly and indirectly. education incentive bill that we pro­ it necessary to increase his budget de­ I do not know what small business­ pose. mands for this new agency by 50 per­ men have been telling banks about their Federal aid to education is not a new cent. experiences with SBIC's, but I assure you departure for Republican Members of I would remind the Director of this that for every small businessman who Congress. agency that he has well gone overboard has a complaint against the SBIC pro­ President Johnson reminded us of this with his overhead. Maybe it is time gram there are thousands who would in his education program message to the · for him to come to the decision that this strongly back the program to the fullest. Congress. In support of his program he billion-dollar bureau might be entitled I would like to cite an example to prove quoted the late Senator Robert A. Taft. to a full time administrator. my paint. In a small southern city an I repeat the quotation that he used: Just this morning while reading the employee of a construction company de­ "Education is primarily a State func­ New York Daily News, I noticed that three cided that he would like to open his own tion, but in the field of education as New York television stations have started construction firm. He had an engineer­ in the fields of health, relief and medi­ a series of telecasts to teach people to ing degree and several years' experience cal care, the Federal Government has a read and write. Estimates show, the in the construction field. He went to secondary obligation to see that there newspaper declared that there are more numerous banks in his locality trying to is a basic floor under those essential serv­ than one-half million people in New York borrow money with which to begin op­ ices for all adults and children in the City who are functional illiterates-un­ erations. He was turned down at every United States." able to even read street signs. While a bank. But an SBIC in his area was will­ I would. call your attention to the good proportion are foreign born, a ing to help. It invested $50,000 in the clear-cut demand of the late Ohioan for shocking number are of American birth. new company, but that was only the be­ a "basic floor." Knowing the late Sen­ I wish to commend television stations ginning of the SBIC's assistance to this ator so well, I know that his concern WPIX, WNDT, and WNYC for inaugu­ new firm. Because it was a new con­ was with those with the greatest be.sic rating such a very important program. struction company, the president of the need. This was the provision that his SBIC placed his personal guarantee, By the bill that we advocate here today, original bill would have provided. This we hope that this work can be eliminated backed with his entire assets, including is definitely what our bill will do-pro­ for the next generation. his home, as collateral for the bond. vide a basic floor in education. How many banks or bank presidents Incidentally, I hope that the President This same paper carried a story about would have taken this step to help a the work of the New York City antipover­ will continue to read the statements of ty · organization called mobilization for small businessman? the late Senator Taft-but in their This construction company is now in entirety. youth. In that story, the MFY Director, its third year of operation. At the end of Bertram Beck, stated that his organiza­ Further proof of our nonpartisan atti­ tion "has had more failures than suc­ the first year it was $742.84 in the red; at tude should be evident to all. We took the end of the second year, it had a be­ cesses in the 3 years of its existence." the Ribico:fl' bill in its entirety and added He pointed to job training as one of the fore-tax profit of $48,884; and this year it to our measure. Though the idea for it is anticipated that the company will failures. He said that most of the jobs tax aid for parents did not originate secured for its trainees proved to be dead turn a profit of some $100,000. The com­ with Senator RrsrcoFF, we found that pany has 40 employees and during its 3- ends. He states that he is now turning his bill carried the best thoughts on the to a program of improving such basic year period has had a payroll of $375,000. subject. We did not make any effort to This construction company, which skills as reading and writing. I do note rewrite these proposals but give the Con­ that Director Beck defends the mobili""" only 3 years ago was denied a bopd and necticut Senator full credit for them. was unable to bid on certain projects be­ zation for youth's activities in social ac­ This bill that we off er has not one tion programs such as rent strikes but cause it had no previous construction rec­ loophole that would permit Federal en­ ord, is now actively solicited to bid on he does say that he is starting a pro­ croachment. gram of screening personnel that should jobs all over the United States. Had it I am a firm believer in our school sys­ been up to the banks this company would eliminate Communist infiltration. tem. Our school administrators, the I am a full supporter of giving every · not be in existence now. But, fortu­ Governors of our States do a good job. nately, the SBIC industry provided the child in America every educational op­ They are under the constant surveil­ portunity. By doing this, and only by happy ending to this tale. lance of parents who are quick to spot The story of this construction com­ doing this, can we have a true democracy. pany, I assure you, is not an isolated inci­ any deficiencies in administration or edu­ Technological advances of our own gen­ dent among SBIC's. I urge every Mem­ cation. Every successful man is a prod­ eration are showing the way by which ber of Congress to consult SBIC's in their uct of a dedicated teacher. American families of the future can en­ States to find out how they are helping Today we are suffering from "the pen­ joy the greatest standard of living known to aid small business. Listen to their alty of steamrollered legislation. The to man. success stories. You will find that there Republicans on this committee strived Every American child should be given are numerous Cinderella stories in your to correct the administrative errors that the opportunity in sharing in this great own States and districts. After you have were evident to us, last session, in the future. This can only be done if we· done this, then reconsider the American antipoverty bill. We wanted to make a raise the potentials of those on the bot­ Bankers Association's position that good bill out of it-one that would be of tom of the economic level. SBIC's are not helping small business. real assistance to the impoverished. I exposed a letter on the floor of the House The 88th Congress, through the work that showed the administration was not of this committee, came to the aid of our EDUCATION INCENTIVE BILL prepared to effectively put this program institutions of higher learning by giving them funds for improved facilities. We Mr. SKUBITZ. Mr. Speaker, I ask into existence. This admission by a lead­ ing member of the Government did not created more loans and fellowships for unanimous consent that the gentleman these institutional scholars. We, also, ftom Ohio [Mr. AYRES] may extend his deter the bill's passage. Now what do we remarks at this paint in the RECORD and see. Some of the leading proponents of made certain that medical, dental, and include extraneous matter. the antipoverty program have become nursing students received improved The SPEAKER pro tempore. Is there the greatest·critics of it. training. We increased the opportunities objection to the request of the gentleman Some of the present administrators of for vocational training. The present from Kansas? the program seem to have peculiar ideas Budget has a request of $1.1 billion to There was no objection. of a poverty level. They believe that it finance these programs. As you can' 4380 CONGRESSIONAL RECORD - HOUSE March 8, 1965 see, we firmly believe in full educational Edward W. Brooke. The career of this But if Brooke is frozen into his present opportunities. outstanding Negro attorney is becoming job for another 4 years, a good many Re­ But, let us not forget those with the one of national significance. For that publicans will regard it as a magnificent op­ greatest need. We still have illiterates reason, I include the article in full at portunity lost. and semi-illiterates. What good are the the conclusion of these remarks: great schools of the Nation unless we GOP INTEREST CENTERS ON BROOKE ARMED FORCES EFFICIENCY? prepare all children with the proper (By Davids. Broder) Mr. SKUBI'IZ. Mr. Speaker, I ask learning habits. More often than not, the solution to the unanimous consent that the gentleman Many fields are open today for the most intrac~able-looking political problem nonprofessional that will bring him a is found, not through any agonizing ideo­ from Illinois [Mr. ANDERSON] may ex­ level of wages by which he can live well logical wrestle, but through the happen­ tend his remarks at this point in the and enjoy not only the essentials, but stance of an individual personality. RECORD and include extraneous matter. the luxuries of modern day living. In the 1960 campaign, for example, the The SPEAKER pro tempore. Is there late John F. Kennedy-a liberal, labor- objection to the request of the gentleman Let us give priority to those with the backed, Roman catholic-appeared to have from Kansas?· greatest need. Far too many are unable insoluble political problems in holding the There was no objection. to take advantage of the fine traini:q.g solid south. But the availability of Lyndon Mr. ANDERSON of Illinois. Mr. programs that we have established be.- B. Johnson as his running-mate immediately cause we have failed to form proper reduced them to manageable proportions. Speaker, on January 4, 1965, President learning' habits in children at the nee- At the moment, the thorniest of the Re- Lyndon B. Johnson in his state of the essary early age level. publicans' many difficulties is the Negro vote. Union message said that in the last 4 Let Us indoctrinate our children with Everyone in the party-from Dean Burch to years "we have .built a military power HUGH SCOTT-has said the GOP must regain strong enough to meet any threat and the established fact that if they learn its traditional share of that vote, both North destroy any adversary. And that supe­ well, they will earn well. ' an:d South, if it hopes to win any future riority will continue to grow so long as President Johnson, in his education elections. But how do you convince Negroes this office is mine-and you sit on Capi­ program message to this Congress, point- the GOP is their friend, when the Democrats tol Hill." ed out the major educational tasks that are in a position to claim the political credit confronted us. No. 1 was "to bring bet- for any civil rights legisla1;1on that passes I have personally many times listened ter education to millions of disadvantaged Congress and any appointments of Negroes to to Secretary of Defense McNamara re­ Federal posts? peat with computer-like precision the youth who need it most." In our meas- · The answer for the GOP may lie in the statistics which are used by this admin­ ure we would really give priority to this obvious political availability of the dtstin­ istration to support its frequent conten­ great·deficiency. · guished Republican attorney general of tion that it has brought America's Let us not forget the effect that this Massachusetts, Edward w. Brooke. Brooke 1s action of ours can have on the morale identified-with a regularity that has become Armed Forces to peak efficiency. Par­ of the educationally and socially de- a little painful to him personally-as the ticufarly, in the area of so-called coun­ prived children. Most of them feel that highest-ranking elected Negro oftlcial in this terinsurgency forces, this· administra­ f th · f country. tion has repeatedly endeavored to convey no one has a real concern or eir u- He is willing, not to say eager, to cam- the impression that the alleged prior ture. Our deep interest 1n them can paign next year for the seat now held by neglect of the Eisenhower administra­ give them the necessary incentive to im- Republican senator LEvERETr SALTONSTALL, tion has been remedied. It must there­ prove their status in life. should that splendid Yankee wish to close The proposed Education Incentive Act his political career at the age of 74. fore come as a shock to the American is designed particularly to that. area of At the moment, the odds are against public to read in the language of Peter Arnett, an associated press staff writer, h th iti · Brooke's having th~t opportunity. SALTON- the educational field t at au or es STALL gives no indication of, quitting; on the in a story datelined Saigon, South Viet­ state is most needful. This measure contrary, he and his principal aids have nam, that: would see that Federal funds would be been touring the state, repairing old po­ given directly to the States for distribu- litical alliances. A fiurry of new complaints came yester­ day from U.S. servicemen in South Vietnam tion to school districts with the greatest Brooke has made it plain he will not chal­ that they are fighting with shoddy weap­ concentration of edu~ationally deprived lenge SALTONSTALL in a primary. And even ons, shortages of ammunition, and a lack of children. The age range affected would if SALTONSTALL should retire, Gov. John Volpe, equipment-although, they said, some items be from 3 t o 7 years, inclusive. another Republican, might assert a claim to are for sale on Saigon's black market. One the Senate nomination that Brooke would Other sections of the bill would give feel honorbound to respect. U.S. Army adviser said Soviet-made am­ munition clips taken from the Vietcong are tax relief to those who now pay school But national GOP leaders cannot help but better quality than those sent from the taxes or who give financial assistance to daydream about the political dividends they United States. The American ones jam the college students. could reap should Brooke wind up as their U.S.-made weapon, he said. I am indeed indebted to the most able Senate candidate. On his record-he was Member, the gentleman from Missouri the only Republican to win statewide oftlce Americans will perhaps recall that it in 1962 and he led the ticket in 1964 with a [Mr. CURTIS], for the excellent ideas that record GOP plurality of almost 800,000 has only been a few months ago that he developed for this act. votes-Brooke would rate as a strong candl- other reports filled the American press­ Mr. Speaker, certainly all of us who date against anyone the quarrelsome Mas­ reports that B-26 airplanes of World War believe in equality of opportunity sachusetts Democrats nominated. If elected, II vintage were falling apart in combat through education can realize that this he would be the first Negro Senator since in South Vietnam, and that there were bl.II would be a truly long stride toward Mississippi sent Hiram :Revels and Blanche K. other serious shortages of materiel. Bruce to the Senate in the 1870's under the that most desirous objective. unrealistic politics of Reconstruction. The Defense Department in response The symbolism of Brooke succeeding SAL­ to these latest reports of shoddy weapons TONSTALL, the very embodiment of tradi­ in Vietnam said that "the complaints MASSACHUSETTS ATTORNEY GEN­ tional upper-class Republicanism, would do would be looked into." · ERAL EDWARD W. BROOKE more than a dozen manifestoes to dramatize Mr. Speaker, I suggest that these al­ the new doctrine of a Republican Party with legations of defective weapons and a Mr. SKUBITZ. Mr. Speaker, I ask its doors wide op.en to all. shortage of defense materiel require more unanimous consent that the gentleman Even as State attorney general, Brooke than a casual "looking into" by the De­ has become an asset to the national GOP. He from New York [Mr. GOODELL] may ex- fense Department. The press has re­ tend his remarks at this point in the has spoken recently in Washington, Balti­ more, and Cleveland and has unfilled re­ ported that a very secret Senate subcom­ RECORD and include extraneous matter. quests from Republlcans in a dozen other mittee hearing some months ago estab­ The SPEAKER pro tempore. Is there cities-including Atlanta and Dallas. As a lished the truth of earlier allegations of objection to the request of the gentleman Senator, his usefulness to the party would, both a shortage of equipment and defec­ from Kansas? of course, be magnijled. tive weapons in South ·vietnam. The There was no objection. SALTONSTALL has had a long and honorable political career. from his start as a Newton hearings must, indeed, have been very Mr. GOODELL. Mr. Speaker, last alderman in 1920 through three terms as secret because I doubt that very many week the Washington Star· carried an in­ Governor and more than 20 years in the Sen­ Members of the House of Representatives teresting article by David S. Broder on ate. No one 1s going to suggest-much less are even aware that such an inve,stigation the attorney general of Massachusetts, urge-that he retire, was made. March 8, 1965 CONGRESSIONAL RECORD -' HOUSE 4381 Mr. Speaker, I would publicly call upon through the presence of U.S. marshals funds from the committee pending public the House Armed Services Committee to or troops. The text of my telegram fol­ "hearings" to "Justify" its budget request. undertake a full and complete investiga­ lows: The GOP committee noted that the House MARCH 7, 1965. voted 332 to 58 on February 25 against a tion of all of these charges. Particularly motion supported by the Congressman which at a time when the United States has THE PRESIDENT, The White House, would have held up $370,000 in funds for the dispatched an additional two battalions Washington, D.O. Un-~erican Activities Committee's work. of 3,500 U.S. marines to Vietnam, these The Constitution guarantees rights of free The GOP group pointed out that HUAC troops and the American public are en­ speech and peaceful assembly. Citizens seek members estimated that the so-called hear­ titled to know that they are equipped to exercise these rights in a march from ings would have delayed their investigation with the very best weapons that money Selma to Montgomery. I understand Gov­ into subversive activities in this country at can buy. This Congress which in recent ernor ·Wallace has ordered State police to least 6 months. prevent this peaceful march. I strongly "Fortunately,.. the Republican commit­ years has appropriated in excess of $50 urge that U.S. marshals or soldiers if neces­ tee said, "the Congressman's vote was not billion annually and more than 50 per­ sary be sent immediately to protect citizens decisive because the vast majority of House cent of .our total budget for defense will not only in their right to free speech and Members realized the importance of having a be derelict in its duty if it does not assembly but also in their right to register committee of Congress with powers to in­ promptly proceed without fear or favor­ and vote. vestigate subversive activities, whether they itism to get to the root of these charges. WILLIAM F. RYAN, come from the far left or the far right. Member of Congress. [The vote, however, was highly indicative of Mr. Speaker, I do not suggest any ac­ the type of Congressman now representing tion that would jeopardize the security of If Federal marshals or troops had been this district.] our country. However, I do suggest that in Selma yesterday I doubt that this "As Democratic Congressman EDWIN . E. it would be false security for this ad­ peaceful march would have been violently WILLIS, of Louisiana, chairman of the Un­ ministration or any other administration broken up; and American citizens who American Activities Committee, stated on to hide behind secret hearings if the pur­ the House floor, the basic drive to abolish did nothing more than exercise their the House Un-American Activities Commit­ pose is to avoid disclosure of past failures constitutional rights would·not be in the tee comes from the Communist Party and and past mistakes in the defense field. hospital today. from Communist-front organizations. Un­ The security of our country is not a par­ The tragic events of yesterday cannot fortunately, Congressman RoNCALio's vote tisan matter, and in a free and open so­ be undone. However, a recurrence can has lined him up with every subversive or­ ciety the people are entitled to know the be prevented tomorrow when Dr. Martin ganization in the country which is trying to facts. Luther King plans another march from abolish the committee." Noting that some Democratic Congress­ . Mr. Speaker, I hope that the chairman Selma to Montgomery. men bave protested against the Republican of the House Armed Services Committee Mr. Speaker, I call upon the Presi­ Congressional Committee calling attention will promptly consider calling hearings· dent to order Federal marshals or, if to their House votes, the committee said: on the subject matter of my remarks to­ necessary, Federal troops to protect those "When a man runs for Congress, he must day, and to that end I have addressed a who will be marching tomorrow. The expect to be held accountable for his votes letter to him suggesting such a course of Constitution of the United States must in the Congress. That record should-and action as being in the best interest and be applied with equal force and effect must be-available to the people of his dis­ trict so they can judge his performance. welfare of our country. in all the States of the Union. Nothing That's the reason we are calling attention to less than ·this principle is in question. just how the Congressman from this district Mr. Speaker, we must also realize that votes on some of these controversial issues." BRUTAL USE OF FORCE IN underlying the struggle in Selnia and ALABAMA other areas of the South is the question Mr. RONCALIO. Now, Mr. Speaker, I have been reading the New York City Mr. RYAN. Mr. Speaker, I ask unani­ of the right to vote. Tomorrow I intend tio intFoduce a new voting rights bill dailies with more than usual care to see mous consent to address the House for 1 if my Republican colleague, the gentle­ minute, to revise and extend my remarks, which will provide authority to the Fed­ eral Government to enforce the 14th and man from New York CMr. LINDSAY], who and to include extraneous matter. 15th amendments to the Constitution. voted as I did on this issue, received from The SPEAKER pro tempore. Is there We can wait no longer, Mr. Speaker, to this Republican committee· this same objection to the request of the gentleman secure liberty for all our citizens. alliance with subversion which it gave from New York? me in the papers of Wyoming. There was no objection. I fail to find the above release in the Mr. RYAN. Mr. Speaker, today's CRITICISM BY NATIONAL REPUBLI­ New York area. newspaper accounts of the brutal use of CAN CONGRESSIONAL COMMIT­ Can it be, Mr. Speaker, that an "aye" force in Alabama are difficult to read. vote herein if cast by a Republican is an They are difficult because the events in TEE OF VOTE ON FUNDS FOR HOUSE UN-AMERICAN ACTIVITIES act of courageous leadership or of econ­ Alabama yesterday make us realize that omy? But when cast by a Democrat it the freedom which we believed was guar­ COMMITTEE becomes an alliance with subversion? anteed by the Constitution can be con­ Mr. RONCALIO. Mr. Speaker, I ask Surely not. tinuously assaulted by a policeman's unanimous consent to address the House Could it be, Mr~ Speaker, that all that club. for 1 minute and to revise and extend my has emerged from the great winter of Mr. Speaker, let us make no mistake remarks. discontent is a GOP advocacy of guilt about the nature of yesterday's violence. The SPEAKER pro tempore. Is there by association? Surely not. Advocating This was a planned attack under the objection tothe request of the gentleman ·a double standard? Anonymity to escape orders of a Governor of a State in the from Wyoming? actionable libel? Surely not. United States. This was nothing less There was no objection. This release says my vote alined me than an official assault upon the Consti­ Mr. RONCALIO. Mr. Speaker, I ask tution. American citizens exercising with subversion. My vote also alined unanimous consent to insert at this me with my Speaker, the gentleman their right to peaceful assembly and free point in my remarks a news release of speech were clubbed, tear gassed, and from Massachusetts [Mr. McCORMACK] ; the so-called national Republican con­ with the President of the United States whipped. The Federal Government has gressional committee apparently written an obligation to protect its citizens in the when a Member of this body; with the by the gentleman from California [Mr. majority leader of the Senate [Mr. exercise of their constitutional rights. BoB WILSON], chairman, or a Mr. Paul Yesterday it failed to fulfill its responsi­ A. Theis, public relations director., MANSFIELD]. bilities. The SPEAKER. Is there objection to My vote alined me on this issue with Mr. Speaker, Governor Wallace's or­ the request of the gentleman from the senior Senator from New York, Mr. ders to the Alabama State police to break Wyoming? JAVITS, and with other Republicans of . up the march from Selma to Montgom­ There was no objection. the non-Goldwater stripe . ery were publicized in advance of the The news release follows: The Republican minority leader, the march. When I learned of these orders, The Republican Congressional Committee gentleman from Michigan [Mr. Foanl, I I telegraphed the President of the Unit­ charged that Representative TENO RoNCALIO note by press items in the Wyoming ed States yesterday urging that the Fed­ tried to cripple the House Un-American Ac­ papers, is to be a guest in my State for eral Government provide protection tivities Commi\tee by voting to withhold political meetings next week. I take this CXI--278 4382 CONGRESSIONAL RECORD-· HOUSE March .8, 1965 opPortunity to welcome the minority Washington's Farewell Address and the dec­ House the gentleman from Florida [Mr. leader to Wyoming. I feel honored to be laration of the Monroe Doctrine. FuQuAJ is recognized for 1 hour. This is an impossible rule of conduct !or singled out so early in my term for such a free people. Today there is an issue in Mr. FUQUA. Mr. Speaker, I ask a visit. Indochina which cannot be left undebated, unanimous consent to revise and extend In Wyoming, the minority leader will and it cannot be entrusted bllndly 'to the my remarks and to include extraneous find Democrats and Republicans, but President and Secretary Rusk and Secretary matter. Americans all, who believe ·in fairplay McNamara. In Indochina for the first time The SPEAKER pro tempore. Is there and who fight hard, but fight fair, in the ln our history we are waging a unilateral war objection to the request of the gentleman great arena of American political action. against Asians on the mainland o! Asia. In from Florida? I know that the minority leader be­ the Korean war, let us remember, we were the agents of the United Nations and were There was no objection. lieves in Americanism practice(!, as well supported on the battlefields by contingents Mr. FUQUA. Mr.·Speaker, I asked for as Americanism mouthed-something drawn from Europe and Asia. But what is this opportunity to address the House to that cannot be said for the authors of going·on now is a radical innovation in U.S. present my views on a most controversial the above release. foreign policy. . question and one on which I sincerely ii How else but by debate are the great ques­ believe that the Congress should take tions of war and peace--of isolation and in­ THE ISSUE OF WAR OR PEACE tervention, and of military expansion onto some action. This regards the appor­ the Asian continent to be decided? tionment of our State legislatures on a SHOULD BE DISCUSSED strictly population basis, as the Supreme A MAJOR FALLACY Court has ruled. Mr. McCARTHY. Mr. Speaker, I ask There is an even more seriously disturbing unanimous consent to address the House aspect of the President's remarks. There is a There are two major questions in my for 1 minute and to revise and extend my major fallacy in the notion that conformity mind. No. 1, will the Congress allow remarks and include an article. and silence will convince our adversaries the judiciary to usurp its constitutional The SPEAKER pro tempore. Is there that the United States will prevall and that power to make the law? No. 2, will the objection to the request of the gentleman they must yield. The fallacy ls that the people of the individual and sovereign from New York? issues of war and peace are d~termined by the States be allowed to determine for·them­ There was no objection. state of American opinion at home rather selves the form of State government Mr. McCARTHY. Mr. Speaker, it is than by the balance of forces abroad. I re­ that they will have? These are serious alize perfectly well that in Hanoi or Peiping with reluctance as a freshman Member they may like to read Senator CHURCH'S questions, and I believe they are basic of the Congress that I rise to speak on speeches or even the dissents of an occasional constitutional questions which we have a this issue. The United States today is journalist. But it is a great delusion to duty to resolve. faced with a question of war or peace. think that this has any decisive effect on Let me state emphatically that I rec­ But I have been disturbed as a Member of what they do in Hanoi or Peiping. What ognize there are inequities. I do not this body by the lack of debate on this they do will be determined by the realities as stand here today to plead for gross mal­ vital question since the Congress is vested they see them in Asia and not by how they apportionment. I recognize that some with the responsibility of declaring war. read the Gallup poll ln the United States. States have not attempted to meet their be The state of American opinion at home, own particular problems. However, it There seems to a climate of con­ and the balance of dissent and consent with:­ formity and silence; that when there is in lt, is very important. But assessing seems to me to be just as serious a prob­ an issue of war or peace, the only safe opinion must not be mistaken for the con­ lem to allow the judiciary to dictate the and patriotic course is to suspend debate duct of foreign policy. I sometimes wonder form of government each State must and rally around the President. Iseri­ whether this mistake ls not now being made, have and even to assume the pawer to ously doubt if a debate would have any and if the reports of the polls are not being apportion State legislatures as it sees fit, serious impact on the actions of Hanoi treated as more important than the hard. in.. if the States adopt appartionment plans and Peiping. They will be influenced by telligence we may have about southeast with which the Court does not agree. other factors. But if this is a deterrent, Asia. We are proposing a constitutional perhaps the congressional debate on the A DANGEROUS SELF-DELUSION amendment. It is my opinion that such issue of war and peace should be held in There+is a difference not only of degree, but a difference in kind, between the conduct an amendment is necessary and that the a closed session to which all members of domestic American affairs and the con­ Congress has a duty to present such an would be invited. duct of foreign affairs. In domestic affairs, amendment to the AmericaQ people. Mr. Speaker, I should like to call the when a consensus of Americans has been The amendment to which I refer is attention of the Members to an incisive worked out, the legislation will pass and the very simple. We state that one house of editorial by Mr. Walter Lippmann on country will accept lt. But in foreign af­ our State legislatures must be based on this issue in the March 15 issue of News­ fairs, a consensus of Americans does not population, but in the other house other week magazine. settle anytl,ling. The adversary, the reluc­ factors may be considered, providing the The article is as follows: tant allies, the neutrals, do not participate in the American consensus, and it is, there­ people so approve. CAN THE QUESTION OF WAR BE DEBATED? fore, a dangerous self-delusion to suppose The provision, which I consider to be (By Walter Lippmann) that because we at ,home are all agreed we vital and fair to this proposal, is that On March 1 at a meeting concerned with can compel all the others to agree with us. the people of the individual States must the education of scientists, the President in­ At the bottom of this self-delusion, 1f we approve in a referendum any such plan terpolated a few remarks about Americans search deeply enough, we shall find a visceral for that particular State. I think in this here at home who are debating his policy in feeling that, as compared with foreigners, we plan we have incorporated the checks Vietnam. The President showed himself so are always right and never wrong. If there­ and balances, the fairness which meets much annoyed at the "folks who don't under­ fore we are agreed among ourselves, none can stand" that he just barely stopped sh()rt of withstand us because none should withstand the problem squarely. denying their right to disagree with him. us, and we shall and must prevail. This I would call to your attention that the He did go as far as to say that the wars of same visceral feeling has engendered the de­ general assembly of the States approved this century were "brought about" because mand, which made a botch of the settle­ a resolution in December that called for the noninterventionists led the Kaiser, Hit­ ment of both World Wars, for unconditional an amendment which would permit one ler, and the Japanese to believe that they surrender as the only victory which Ameri- house of a bicameral State legislature to could move without American interference. cans can accept. · · apportion on geography or other non­ If the President's version of history is cor­ In expecting conformity and silence at rect, it follows thrut when there is an issue of this stage--when the great decisions of war population base, providing this arrange­ war and peace, the only safe and patriotic or peace in Asia are still in the maktng­ ment was approved by the people of the course is to suspend all debate and rally the President may evoke those visceral !eel• State in a referendum. This proposal around the President. ings which, if they a.Ye sufficiently excited, has been endorsed by the American Bar On a number pf counts, I find this attitude will .make the whole business before him Association. very disturbing. For one thing, it amounts unmanageable. Seventeen of our States were on record, to saying that debate on the vital issues of as of March 2, calling for a constitu­ war and peac~ gives aid and comfort to the enemy. Under such -a rule, the American tional co1wention to write a constitution­ CONSTITUTIONAL AMENDMENT ON al amendment on this line. The action people would have had no right to debate the APPORTIONMENT momentous question of whether• tn ·1917 and '"'' i ~ of these S~tes brought to 21 the total ln 1989 they should emerge from t:Qe Isola,.. ,,The.. SPE~R pro tempore (Mr. of State,S which, s~nce J9~2, have peti­ tionism whic.h they hadc practiced since ALPERT). , Under pr~v~oU.S · ortler of the ~ioned for a constitutional convention to March 8, 1965 CONGRESSIONAL RECORD - HOUSE 4383 write some type of new amendment on their own particular problems and de­ The gentleman from California [Mr. the apportionment problem. termine· the proper course of action. BALDWIN] has just complimented the In addition, to this, the Senates of That decision has been made for them. gentleman, and asked the question about Alaska, California, Colorado, Maryland, No matter whether it be Hawaii or the true intent of this constitutional North Dakota, Oregon, and Wyoming, New York, Arkansas, or Idaho, every amendment, and commented on the fact and the House in Vermont, have asked State must be the same-its legislature that the one-man, one-vote principle for a constitutional amendment along apportioned by a new law promulgated could be fairer under this proposed con­ these lines. The California Assembly by the courts and not the Congress. stitutional amendment than it is under memorialized .Congress to submit an The one-man, one-vote theory sounds the Court decision. amendment along these lines. good to the tongue, but it does not take I should like to point out something This points to the concern which these into consideration very real and severe that has been pointed out many times State legislatures have for this question. problems. There are economic factors; here before, that there are some here in It is a serious one, and one on which the there are distance problems; there are Congress and some in the State legisla­ Congress needs to take action. ethnic factors and many more which go tures all over this land who are being This Nation was founded on the prin­ into the makeup of true representative lulled to sleep by thinking that if they ciple of self-government. It was government. live in highly populated urban areas they founded on a system of checks and bal­ Mr. BALDWIN. Mr. Speaker, will the are going to be the beneficiaries of in­ ances. If we do less than this amend­ gentleman yield? creased power in local and Federal Gov­ ment proposes, both of these principles Mr. FUQUA. I yield to my distin­ ernment. Such is not the case, because sut!er. guished colleague from California, who I if this one-man one-vote principle is ap­ The decisions of the Supreme Court might add has been very interested in plied to every elective office at every level relative to the apportionment of State this subject we have been talking about of the government, State as well as Fed­ legislatures is the assumption of a new today. eral Government, we are going to find role of authority which strikes at the Mr. BALDWIN. I want to commend there will be no political office which is very heart of our system of separation of the gentleman for bringing this subject elective that will escape the application powers. When the Court first deter­ before the House today, and congratulate of this principle. mined to undertake settlement of the leg­ him on his learned presentation. No matter how high the office might be islative apportionment disputes of the On the thought of a one-man, one­ or how small that office might be, in time States, some of the Court's own mem­ vote proposition, is it not true that the if this rule is made to apply, people will bers warned against entering this "po­ bill would be brought before the House lose their proportionate voice in govern­ litical thicket." by the discharge petition now pending, ment in that they will no longer have My purpose in speaking today is not as amended by the amendment agreed to the right to rule their local government to castigate the courts, nor its members. by the author of the bill, would say that for themselves or even dictate its form. I have an honest dit!erence of opinion the apportionment would be approved by · But over and above this, I think every­ with their decisions, and in making this the people of the State, and that actual­ body ought to be aware of the fact that determination, they left themselves open ly would be a more true application of the people who actually advocate and to criticism from the Congress. •·· the one-man, one-vote rule than any propose going along with the Court and Ours is the responsibility for making court decision as to any reapportion­ oppose this amendment the loudest or the laws which govern the land, and it is ment because the Supreme Court is not the longest are those who in the end hope the responsibility of the judiciary to in­ elected by the people, whereas the bill to destroy the Constitution of the United terpret them and pass upon their consti­ proposed would actually provide that the States and the U.S. Senate. Now you tutionality. In this decision, it is my people of the State would have the op­ say it cannot happen because the Consti­ opinion that the Court has made law. portunity to determine how their State tution provides that each State will have should be reapportioned? two Senators. That is true. But what This is not their proper place in our is to keep one State from having more system of government. Mr. FUQUA. The gentleman is cor­ than two Senators or having weighted In its decision, the Court has asserted rect. values placed on each Senator's vote so a new and novel judicial power under I might add further to the gentleman's that the protection that the Constitution which the Federal courts are encouraged remarks that this does carry out the provides will in the end be destroyed so to intervene in what is essentially a polit­ principle that the people must approve that some 15 urban areas in these United ical question, heretofore uniformly en­ any reapportionment made by the State States will control every segment of gov­ trusted to the States; and this right has legislature and provides all the checks ernment at every level. been recognized time after time by the and balances to provide for majority rule The Congress by its inaction is letting Court. in the State. No one State can neces­ the Court usurp its power. It is a de­ In reaching this decision, the Court sarily act at the expense of another. This plorable thing that we are allowing the found it necessary and expedient to ig­ provides, I think, adequate protection in tripartite government that our Consti­ nore and reverse a long line of decisions a democratic way. Our Founding Fa­ tution provides for to be so disturbed and :holding that it had no such power as it thers intended that the people of the destroyed in the balance·provided for by now presumes to exercise. legislature are responsible to the people. the Constitution as to the three branch­ In my opinion, dubious grounds were The C.ourt is not responsible to any es of Government. necessary to make this determination. electorate. I want to commend the Mr. FUQUA. Mr. Speaker, I thank It was necessary to ignore the 10th gentleman. the distinguished ·gentleman from Loui­ amendment which reads: Mr. WAGGONNER. Mr. Speaker, will siana for his contribution. The powers not delegated to the United the gentleman yield? I might add that there are two basic States by the Constitution, nor prohibited Mr. FUQUA. I yield to the gentleman questions involved. One is whether the by it to the States, are reserved to the States, from Louisiana. Congress is going to assume the responsi­ respectively, or to the people. Mr. WAGGONNER. I thank the gen­ bility it has to make law instead of hav­ For many years now the Supreme tleman for yielding, and express my ap­ ing that responsibility ·being usurped by Court has been encroaching upon the preciation to the gentleman from Florida the Supreme Court. powers of the States, without mention of for bringing again to the attention of the The second basic question is whether the 10th amendment, which is just as House the matter of the apportionment the people are going to have the oppor­ binding on the law of the land as any and reapportionment of State legisla­ tunity to decide the type of representa- other provision. It was established to tures. It is controversial, and has been, tion they choose to have. · set the limits of power of the Federal as it should be, the subject of much dis­ Mr. MATTHEWS. Mr. Speaker, will Government, and such decisions as this cussion in recent months here in Con­ the gentleman yield? ignore this provision. gress. At the outset you raised the ques­ Mr. FUQUA. I am happy to yield to In arriving at its conclusion, the Su­ tion as to whether or not the Congress my distinguished colleague, the gentle­ preme Court has virtually dictated the was going to sit idly by and allow the man from Florida. form of government which shall govern courts to usurp its powers. It is plainly Mr. MATTHEWS. Mr. Speaker, first our States. No longer will the people of evident that by its inaction the Congress of all I want to congratulate my col­ the individual States be able to look at is allowing this to happen. league from Florida. The gentleman ls ;,..- -.

4384 CONGRESSIONAL RECORD - HOUSE March 8, 1965 rendering the Members of the House of particular principle. We shall find that These are factors which should be Representatives a great service by pre­ our natural resources will be managed by taken into consideration in determining senting to us today the very excellent those people who know the least about the districts which representatives, not and outstanding address he has made on them. We shall find that the areas into only in State legislatures, but also, I re­ behalf of constitutional government. I which America must grow wm not be mind the House, on school boards, city also want to thank, along with my col­ adequately managed, if we follow the . councils and all local boards and agen­ league from Florida [Mr. FuQUAJ, the course of one-man, one-vote. cies, should represent. gentleman from California [Mr. BALD­ Mr. FUQUA. I thank the gentleman · There is Just no telling, Mr. Speaker, WIN], and those many others of our col­ from Maryland for his contribution, and where this theory or principle of one leagues who are day by day bringing to particularly for pointing out the fact man, one vote will end. If this Con­ the attention of this House the fact that that his great State has contributed so gress does no.t do something to correct we ought to take some action to hold to greatly to this principle, even before the that tragic mistake made by the Court these principles of constitutional govern­ founding of this great Republic of ours. in June of last year we know not where it ment. I appreciate his contribution in bring­ . will lead. I am hopeful that something Again I thank my colleague and asso­ ing this to the attention of the House. will be done because it must be done. ciate myself witb the views he has ex­ Mr. KORNEGAY. Mr. Speaker, will The salvation of the country and the pressed. I certainly join with him and the gentleman yield? Constitution rest here in this body and our other colleagues in this fight for con­ Mr. FUQUA. I am happy to yield to the other body, the Congress of the stitutional government. the gentleman from North Carolina United States. Mr. FUQUA. I thank my colleague [Mr. KORNEGAY]. I thank the gentleman very much. very much for his contribution and also Mr. KORNEGAY. Mr. Speaker, I rise Mr. FUQUA. I thank the gentleman for his support and encouragement in to commend the gentleman from Florida from North Carolina. this fight to preserve some type of consti­ for bringing this matter up today. He Mr. DOLE. Mr. Speaker, will the tutional government and to have the op­ has made a fine, an excellent, speech on gentleman yield? portunity for the principle of bicameral the subject of apportionment and re­ Mr. FUQUA~ I_am happy to yield to legislatures to continue working. apportionment. the gentleman from Kansas. Mr. DORN. Mr. Speaker, will the gen­ This is a matter which is of great con­ Mr. DOLE. I commend the gentleman tleman yield? cern to me, as a student of the Constitu­ from Florida. I wish to point out an im­ Mr. FUQUA. I am very pleased to yield tion. I find myself fn total disagreement portant fact, that this is not a partisan to the distinguished gentleman from with the decision of the Supreme Court issue, this is not a sectional issue, this South Carolina [Mr. DORN]. rendered on June 15, and I certainly wish ls not a philosophical issue. It is how­ Mr. DORN. Mr. Speaker, I rise to to associate myself with the remarks ever the greatest domestic issue facing compliment my · distinguished and able the 89th Congress. friend, the gentleman from Florida, for made by the gentleman from Florida. Again I commend the gentleman for I recognize and respect the right of this timely presentation he has made to his timely and appropriate speech on the the Court to its opinions. Certainly, the House today. This ls something their decisions of last June 15 represent, which if the Supreme Court is allowed to floor of the House today. · Mr. FUQUA. I thank the gentleman whether we like it or not, the law of the get by with will destroy the veri founda­ land. tion stones upon which our govern­ from North Carolina and particularly so because of the fact . that he represents However, the Constitufion also pro­ ment--local, State, and National-is vides certain remedies and ways to off­ based. one of the great metropolitan areas of North Carolina-and, I might add, he set Supreme Court decisions. It is within Mr. FUQUA. I thank the gentleman this c~mtext that I would comment along very much. represents his district very well. I ap­ preciate the gentleman's interest in pre­ with the gentleman_from Florida. This Mr. MORTON. Mr. Speaker, will the is a highly important issue and a highly gentleman yield? serving a very fundamental belief which he has, which he shares with all of us-­ explosive issue in rural America, and Mr. FUQUA. I am glad to yield to the ~gain, a most important issue. gentleman fr6m Maryland. the need to preserve our constitutional ·The Supreme Court's decision is based Mr. MORTON. I want to congratulate form of government and the separation on the one-man, one-vote principle. This my colleague, the ·gentleman from Flor­ of powers among the three branches of sounds good and, is difficult to argue with ida, also on this very fine presentation. our Federal Government. in some respects. Many States, includ­ I want to associate myself entirely with Mr. KORNEGAY. I am, of course, ing the State of Kansas, now have bal­ his remarks. There is one point, I think, very grateful to the gentleman for his anced representation-in their State leg­ that might be added to this whole thing, kind remarks. It is true that my district islative bodies. We have in Kansas a that is relevant. That point is that there is the most urban in my State of North State senate apportioned on a strict pop­ are many legislatures and general assem­ Carolina. About 69' or 70 percent of my ulation basis. In our State house cf blies in America that predate the Con­ constituents are city dwellers. But they representatives every one of our 105 gress of the United States and predate are also great believers in the wonderful counties has 1 representative and 20 the Constitution of the United States. I Constitution of the United States of additional seats are apportioned to more refer to the State of Maryland. We have America. They realize there is much to populous counties. So we have--and by had a bicameral legislature and had it in b0 said for and great merit in our system and large most people in Kansas feel we effect· nearly a century prior to the estab­ and the fact that those who wrote the have--a well-balanced State legislative lishment of this Congress. Yet recently Constitution as well as those who framed system. We would like to keep it that one of the Members of the other body re­ the constitutions of the several States way. That is why we are so concerned f erred to the one-man, one-vote princi­ believed it not only proper but also wise, with the Supreme Court decision of last ple as a traditional principle in America. to provide, in a bicameral legislature, June 15. The Court states in effect that I take the position exactly opposite to that one house could be based on factors we cannot debase a man's vote. Each that. I feel that the tradition has been other than strictly population. man's vote is entitled to the same weight that factors other than the population There are many other factors which as another man's vote. To carry this factor have governed the apportionment are important in the government of our one ridiculous step further' perhaps the of our general assemblies and State people and in this Republic, such as Supreme Court could choose the can­ legislatures. geographical location, size, municipal didates, because some candidates are These other factors have contributed and local governments-which are sepa­ more effective than· others, and members to the greatness of America just as much rate entities in themselves-various in­ of the majority party or the minority as has the population factor, when used dustries, agriculture and various other party, as it may be, have more or less as devices for apportioning our legisla­ areas of human endeavor, which, while voice after their elections. tures. they may not be composed of people The one-man, one-vote argument I agree with the gentleman from themselves, are entities deserving of con­ holds little weight. Particularly in view Florida [Mr. MATTHEWS]. who has sideration and which of necessity must of the Patman resolution-there will be pointed out that our entire system of be considered if we are to continue to an amendment to the Patman bill-it government is well challenged by this operate as a democracy. will provide the electorate must approve .. March 8, 1965 CONGRESSIONAL RECORD - HOUSE 4385 any plan of appcrtionment. I certainly I feel nothing can be right for my coun­ remarks on this floor on this same . know of no better judge than the people ty which is wrong for our country. matter. of each State, and think their opinion I feel further that the interest of the Mr. !CHORD. Mr. Speaker, I thank would be far better than that of the people who live in rural areas in my the gentleman from Florida for yielding. Supreme Court, the only nonpolitical State and in other States is important to I want to commend him for taking this body within the American system. all of us. I am concerned that our rural special order to discuss what I believe to The Court has gotten into a political areas shall be properly represented in the be the greatest constitutional issue fac­ thicket, a matter for political decisions, State legislature, that their voice be ing the American people in this century. not Republican or Democrat decisions, heard and their interests be protected, The gentleman from Florida has long but a matter of political decisions to be and that all elements of our Am·erican been interested in this cause and has decided by each State. Again it is most public should be properly represented made many valuable contributions to the important we recognize this is not a Re­ both at the State and Federal levels. fight for a constitutional amendment. publican issue or a Democrat issue or a Therefore I concur in the gentleman's I would like to ask the gentleman from liberal issue or a conservative issue but comments and congratulate him on them. Florida whether any Member of the an issue which will ultimately affect Mr. Speaker, I thank the gentleman House-I should like to point out to the everyone. for yielding. gentleman from Florida that I was ab­ Let me say to the Members who indi­ Mr. FUQUA. Mr. Speaker, I appre­ sent on other business and was not able cate some reluctance in signing discharge ciate the comments of the gentleman to hear the first part of the discussion petition No. 1 that once those who now from Alabama and his interest in this this afternoon-referred to or read the are pushing the one-man, one-vote very important subject. editorial in today's Washington Post. theory and support the Supreme Court's Mr. BURTON of Utah. Mr. Speaker, Has this editorial been brought to the at­ decision of last June 15 control our legis­ will the gentleman yield? tention of the gentleman from Florida? -Iature, these same people, the urban Mr. FUQUA. I yield to the gentleman Mr. FUQUA. In reply to the gentle­ dominated legislatures, will be redrawing from Utah. man, no, it has not been mentioned on congressional district lines. The point is Mr. BURTON of Utah. Mr. Speaker, the floor today. that we do have a real interes·t in what I should like to join my colleagues in Mr. !CHORD. Mr. Speaker, I would happens on a State level. As was pointed commending the gentleman on an excel­ like to take this opportunity, then, to out by the gentleman from North Caro­ lent presentation and to associate myself read this editorial from the Washington lina [Mr. KORNEGAY]' it will not only with his remarks. Post to the gentleman. To me it is very, work down the ladder but up the ladder. The district I represent contains the very amusing. I read: Last week I appeared before a sub­ second largest city in Utah, Ogden. Dur­ PERILOUS AMENDMENT ROUTE committee in the other body and my clos­ ing the campaign and since the campaign Maryland's petition to Congress for a con­ ing remark was that by the action they I have taken a strong stand that an vention to amend the U.S. Constitution take in the other body the seat they save amendment or legislation which would would scarcely be noticed if it stood by may be their own. If we review the his­ effectuate the wishes of the gentleman itself. But this is the 22d petition of tory of article V of the Constitution and this kind to be passed by State legislatures now in the well should be passed. Quite in connection with the politically explosive the 14th amendment, it is reasonable to frankly there have been no demonstra­ reapportionment issue. In six additional conclude for some that the U.S. Senate tors in the streets in Ogden, there have States the petition has been passed by one should be apportioned on a strict popu­ been no mass meetings calling for my house of the legislature. If action is com­ lation basis and many people may have scalp, to underscore the fact that this is pleted in these six States and six other this already in mind.. We can talk about not a political consideration. States follow suit, Congress wm presumably the Federal system and the State's con­ I would like to call the attention of my be under obligation to call a constitutional sent in article V, but the 14th amend­ convention. colleagues to the fact that the other Rep­ The Constitution is very specific on this ment came long after article V in the resentative, the gentleman from Utah point. Article V says that Congress "on the Constitution. We all have a very direct [Mr. KING], who is not of my political application of the legislatures of two-thirds interest in apportionment, and again I faith, and who represents the largest city of the several States, shall call a convention commend the gentleman from Florida in Utah, Salt Lake City, has joined with for proposing amendments." This amend­ for his statement. me as I have with him and we have both ment procedure has never been used, but Mr. FUQUA. Mr. Speaker, I appre­ introduced bills to effectuate this pur­ once two-thirds of the States have taken ciate the gentleman from Kansas pose. we have both signed the discharge the initial step Congress could call a con­ making the point that it is not a party vention by a majority vote, and it could petition that would effectuate this and propose amendments without limit--amend­ issue but an issue for those of us who as has been stressed already I think there ments which might or might not be subse­ believe sincerely in trying to do some­ is not any doubt in the minds of most quently ratified by three-fourths of the thing that will preserve for the people Members that there are considerations States without any direct approval by Fed­ themselves the right to determine the other than people; and while people eral authorities. type of government and representation might be the most important element It seems inconceivable that Congress would they should have in their State legisla­ that should be represented, it is an· ac­ let this happen. Yet the States are rushing tures and, for that matter, in the Con­ cepted fact, at least.it has been up to this toward the convention idea at a frantic gress of the United States. pace. Of the 22 now on record, 18 have point in American history, that there are acted since last December. The remaining Mr. BUCHANAN. Mr. Speaker, will regional and geographical considera­ four had previously passed a stiffer resolu­ the gentleman yield? tions, there are economic and social con­ tion designed to summon a convention that Mr. FUQUA. I yield to the gentle­ .siderations that need representation in would completely bar the courts from any man from Alabama [Mr. BUCHANAN]. legislative bodies, as well as people. If decisions in the sphere of reapportionment. Mr. BUCHANAN. Mr. Speaker, I this were not the case how could the con­ In the circumstances. Congress may be want to thank the gentleman from tinued existence of the U.S. Senate be virtually compelled to offer a constitutional Florida for his lucid and forceful pres­ accepted? amendment of its own to allow the States some leeway in apportioning their senates entation and associate myself with his Mr. Speaker, I thank the gentleman along geographical and historical as well as remarks and the remarks of the others for yielding. population lines. Certainly that would be who have spoken. Like the gentleman Mr. FUQUA. Mr. Speaker, I thank preferable to call1ng a wide-open constitu­ from North Carolina, I represent an ur­ the gentleman for his contribution to tional convention. We are glad to note that ban area, the major urban area in my the discussion today, and I appreciate the Senate Judiciary Subcommittee is con­ State, notwithstanding which I feel be­ his interest in trying to help preserve the ducting hearings on the problem and that cause of the constitutional principles at existence of the bicameral legislature. the House Judiciary Committee intends to stake it would be wrong for our country Mr. !CHORD. Mr. Speaker, wlll the do so next month. for the Supreme Court to remain un­ gentleman yield? The chief dimculty arises from the fact that most of the amendments that have checked in this area and that it would be Mr. FUQUA. I am very happy to yield been offered are much too sweeping. If an right for our country for the ·sovereign to the gentleman from Missouri who has amendment is to be adopted, in our opinion States to be permitted to have bicameral been, likewise, very much interested in it should permit the States with bicameral legislatures if that should be the choos­ this subject and who only last week made systems to have only one house deviating ing of the people of those several States. some very interesting and penetrating from a strict apportionment according to

' 4386 CONGRESSIONAL· RECORD-· HOUSE March 8, 1965 population. It should leave the door wide amazed when the Supreme Court took Mr. HALEY. Mr. Speaker, I want to open to apportionment of both houses on jurisdiction of this matter. - the basis of population if the States want it associate myself with the remarks made that way, It should strictly limit the devia­ Recently I was : in Williamsburg, and by my distinguished colleague from tions that might be made from the one-man, saw a historical movie there in which Florida. Unless the Congress of the one-vote formula in the interests of geog­ it shows the Governor of the new Vir­ United States takes some action to stop raphy and adherence to county lines and it ginia colony with a stroke of the pen the writing of Jaws and overriding of the should require specific approval of such ap­ dissolve the Legislature of Virginia be­ Constitution by this alleged Supreme portionment plans by the voters of the State. cause they were remonstrating against Court that we have, we are going to see such a carefully limited plan would not an edict of the King. That is what the gradually the entire concept of govern­ amount to going back to the "rotten-borough Supreme Court of the United States did system" which Senator DouaLAs so vigorously ment as we have known it disappear. deplored. Rather, it would merely allow the when it entered into this apportionment This alleged Supreme Court rules. I do States some of the discretion that they have case. They in effect said they had the not think it is a Supreme Court. I do always exercised in shaping their own right to dissolve Parliament. When a not think there are enough legal brains governments. court can dissolve our legislative assem­ over there from the standpoint of writ­ blies, it is one of the worst things to Mr: Speaker, I would point out to the ing law to fill a pen With ink enough to happen in my time. dot an "i". I do not think we have gentleman from Florida that it appears In Pennsylvania we have a constitu­ the Washington Post, which has always enough people on that Court who are tion which says each cot+nty shall be · practical or who know anything about been a great enemy of the constitutional entitled to one member of the legisla­ amendment along the lines recommended law. ture. The small counties that have one This conclusion that with some strange by the gentleman from Florida, is hav­ member of the General Assembly have ing a change of heart. Perhaps they are reasoning they arrived at over there of problems born of scarcity of population, one-man, one-vote only tells me and becoming aware of just how moderate they pay their share of taxes and, be­ most of the proposals pending are. should tell this Congress, we must wake cause of the smallness of their popula­ up and assert our responsibility. The I would like to say to the gentleman tion, they need that voice in the Pennsyl­ from Florida that there are many people one-worlders want to do one thing and vania legislature. one thing alone, they want to redefine, so within this body and outside of the House The Supreme Court has said the Penn­ or' Representatives and the Senate who to speak, the Senate of the United States. sylvania r~apportionment rule is uncon­ If we are going to have one-man, one­ really do not know just how far the stitutional within the meaning of the Supreme Court went in the Colorado vote based on representation, as they say Federal Constitution, which of course is we must, then why would the great State case. The Supreme Court in the Colo­ preposterous. In 177 4 the people of rado case violated its own one-man, one­ of New York have only two Senators and Pennsylvania voted for that State con­ the States small in population, such as vote principle, because it said there that stitution wherein they provided for one even though the people of Colorado had Alaska, have two. member from each county in the Penn­ I wonder how this Court would rule chosen to have one of its Houses based sylvania House of Representatives. upon geography, even though they had if it had the opportunity to rule on the I therefore think that the constitu­ apportionment of votes within the voted by a vote of almost 3 to 1 in state­ tional amendme;nt of the gentleman from wide voting to have one of its Houses United Nations. Within the United Na­ Texas [Mr. PATMAN] should move. I tions, there are member nations with a based upon factors other than popula­ would like to have it move faster. I tion they could not do so. population smaller than the population would not like to see the referendum fea­ of my congressional district; and yet, I ~ould like it to be reemphasized to ture attached to it. If that is put the Members of the House that most of these nations have the same vote that through requiring a referendum of the the United States has with its Population the proposals which have been on file people, the big cities llke Pittsburgh, Phil­ here in the Congress and which are now of some 192 million people. adelphia, and the large urban centers, These things were written into our pending before the Judiciary Committee will out-vote us, and those who represent are indeed very mild. It is true that rural Pennsylvania will be out, as we are Constitution by our Founding Fathers for some of them are quite sweeping. today. good reasons. They were written into Mr. Speaker, the gentleman from Flor­ the Constitution to protect minorities. ida is working toward a constitutional Here is another admonition: The State Yet here this bunch of fumbling, bun­ amendment which will permit the people under the reapportionment law should gling, so-called lawyers come along and of Florida, the people of Missouri, the have a s~lf-executing penalty. What rule to change what the Founding people of Illinois, the people of Cali­ has brought on our problems is this: We, Fathers really intended to do and what fornia, the people of New York to choose the members of the State legislatures, our Constitution plainly states. If a by a majority vote the form of govern­ and I was there for 17 years, closed our State has no right to apportion one of its ment that they want; is that not cor­ eyes to reapportionment laws because legislative branches on the basis of other rect, I will ask the gentleman from Flor­ there were no teeth in them. The court than population, why is the Senate of the ida? took jurisdiction. We brought it on our­ United States not supposed to follow that Mr. FUQUA. The gentleman is very selves, and I say now that if we pass new particular theory of reasoning? correct and I appreciate his contribu­ reapportionment laws we should 1build I tell you that the Congress has sat tions, particularly the point of bringing into those laws a self-executing penalty. here and allowed this bunch of people to the attention of the House the fair­ I have studied the laws of all 48 States, who call themselves Justices of the Su­ ness which this contains. To me this is and I think California has the best State preme Court to write the laws, to rewrite democracy in action when you give the reapportionment law of all. If the Legis-. the Constitution of the United States, people the constitutional right they lature of California fails to reapportion and reach out for the power that really thought they had for so many years to every 10 years, as required, a commission belongs to the· people through this 'Con­ determine for themselves the type of is organized and it does the job. The gress. Unless you do something about legislative body they wish and feel they courts do not do it. The commission is reasserting the rights of the Congress-­ want in their Qwn individual States. set up to reapportion if the legislature very soon, and I see one of my friends I very much appreciate the gentle­ does not do it. smiling-I predict that in a short time man's contribution. As I say, let us have this amendment this will come true: you will have no Mr. JOHNSON of Pennsylvania. Mr. the way it is, submit it to the States, power here in the Congress. When this Speaker, will the gentleman yield? then each State should put in a penalty happens you might as well be elected and Mr. FUQUA. I yield to the gentleman clause so that every 10 years the job stay home and send your vote up here from Pennsylvania. will be done and the courts will not take with a rubberstamp and pass the various Mr. JOHNSON of Pennsylvania. Mr. jurisdiction. appropriation bills, because apparently Speaker, I too wa11t to associate myself Mr. FUQUA. I thank the gentleman that is all you will ever have a right to do. with the remarks of the gentleman. I for his comments. That is what is going to happen in think it is fine that he should take this Mr. HALEY·.' Mr. Speaker, w111 the this country. Congress has allowed the time to bring to the attention of the gentleman yield? Supreme Court to usurp powers .given American people one of the greatest Mr. FUQUA'. I yield to the gentleman you, and today is tell1ng you what today problems we have today. I, too, was from Florida. ~ is the law of the land, against what we

n_ March 8, 1965 CONGRESSIONAL, RECORD-.. HOUSE 4387 have beep followingJor nearly 200,years on the record that my constituency, ac­ ulation. . There· is another factor in the a& basic l~w and philosopby of govern- cording to the returns in this·poll, over- legislative process I would mention...:-:-the ment in the United States. whelmingly supports the . proposition Governors of the States. I thank my colleagues for yielding. that if the Supreme Court of the United - The Governor participates in the legis-' Mr. FUQUA. I appreciate the gentle- States is going to continue to assert this lative process by veto or by threat of man's sentiments. great political power then the terms of veto. He, too, is elected by a majority of. Mr. HUTCHINSON. Mr. Speaker, will o:ffice of its own membership ·should be the people and is in fact a third arm of the gentleman yield? limited as to time. the legislative process, working in con­ l\4r. FUQUA. I yield to the gentleman ·Mr. FUQUA. I thank the gentleman cert with the House and the Senate. from Michigan. for his contribution and for his very · Out of this concensus comes the Ia w of Mr. HUTCHINSON. I appreciate the pointed remarks. our land. This has been our tradition, gentleman's comments and the oppor- Mr. Speaker, now, I would be the first our heritage, and until now, our law. tunity he has given the House to discuss to admit that inequities exist. However, . As has been pointed out in this Cham­ this important matter at. this time. Cer- the Federal judiciary was never intended ber, the late Justice Frankfurter sounded ta.inly, there is nothing more funda- to be an instrument of political power. the alarm in one of the initial cases when mental than the problem of the appor- It is a branch of the Government not he pointed out in bis dissenting opinion: tionment of Representatives. Certainly, chosen by the people, nor at any time is The Court today reversed a uniform course there is a very great urgency upon this it answerable to them. of decisions established by a dozen cases, in­ Congress to take action at this time. It is a fact, and a basic fact, that po­ cluding one by which the very claim now The people of the several States, almost litical power in our system was to be sustained was unanimously rejected only every time they have themselves had vested in the people and their elected five years ago. • • • Such a massive re­ pudiation of the experience Of· our past in the opportunity to vote on this issue, representatives. Federal judges are not asserting destructively novel judicial power have decided against the principle of so- those representatives. Resolving of po­ demands a detailed analysis of the role of called one-man, one-vote. On every oc- litical ·questions is not their prerogative this Court in our constitutional scheme. · casion when they have amended their nor is it in their rightful power. Disregard of inherent limits in the effective own State constitutions, and a good many Judges, appointed for life, not answer­ exercise of the Court's "judicial power" not States have amended their State consti... able-.to the people, can mold the' Ameri­ only presages the fut111ty of judicial inter":' tutions through the initiative and ref er- can political system. Who are these vention in the essentially political conflict of forces by which the relation between pop­ end um, they have recognized the sound- men? Just like you and I they are prone ulation and representation has time out of ness of the principle of a balanced legis- to make mistakes. They are subject to mind been and is now determined. It may lature. the same greatness and good, the same well impair the Court's position as the ulti­ That is the history of Michigan-my error in judgment that any other man mate organ of the supreme law of the land. State. On every occasion the people is subject to. .While I have the greatest have turned down at the ballot box the of respect for our judiciary, I believe and My distinguished colleague, the gentle­ one-man, one-vote principle. Still the feel they would agree that they are sub­ man from Missouri lMr. IcHORD], spoke Supreme Court of the United States now ject to human error. on this same issue here last Monday. He says that any other considerations are Nothing would prevent a poltically pointed out a. speech by the then Gover­ unconstitutional. It is shocking and I oriented court from "gerrymandering" nor of California, who now $erves as the cannot think of a stronger word to use- districts to suit the ends of its party. Chief Justice of the' Supreme Court, in it is shocking that the Supreme Court of The court might be sincere in believing which the Governor said: the. United States should assert unto it- this was a wise course·of action; it might Many California counties are far more im­ portant in the life of the State than their self the power to determine the structure use a11 of the faculties at its command· population bears to the entire population of the legislative branch of Government. and still arrive at what could be an of the State. It is for this reason that I have Because if the Court has the power to erroneous decision. never been in favor of restricting their repre­ determine the structure of the legislative I do not believe that the Congress sentation to the State senate to a strictly body, why stop there? Perhaps it can should leave in the hands of the judiciary population basis. It is for the same reason also determine the structure of the exec- the authority to determine legislative dis­ that the Founding Fathers of our country utive branch. tricts. We owe it to the people of the gave balanced representation to the States of the Union, equal representation in one House The Supreme Court of the United United States to place this power in their and proportionate representation in the States is uniquely the one branch in our hands. other. Moves have been made to upset the Government of separated powers that is · As I noted before, I realize that in­ balanced representation in our State even not politically answerable. There is not equities exist, but-what we are heading though it has served us well and is strictly anything more fundamentally political into is far worse than that of malpro­ in accord with the American tradition and than the structure of the representative portioned legislatures. The courts must the pwttern of our National Government. branch of government in the states-our not be allowed to make the law. The reapportionment decisions of the State legislatures. If the Supreme Court We should not neglect every other sin­ U.S. Supreme Court· have had an impact of the United States, which is not elected gle factor in determining our legislative on virtually every State in the Union. by the people and not answerable to apportionment, save population. This The :flow of court and legislative action them, has the power, as it says it has, to was not the basic premise in establishing begun by the Court's precedent shatter­ determine the very structure of the our Federal Congress. It was not the in­ ing decision in Baker against Carr in state legislative bodies, it follows that tention of the founders of thi.S land. 1962 was sharply accelerated by a group it will have the power and can assert the Only today have we suddenly discov­ of June 1964 decisions in which the Court power to determine the structure of sub- ered that basing <;>ne house on. f ac_tors ruled that the one-man, one-vote prin­ ordinate legislative bodies like city com- other than population is unconstitution­ ciple must apply to each house in every missions and county boards of supervi- . al, arriving at the decision after o~e and State legislature. sors and the like. If that is the case, three-·quarter centuries. To arnve at During 1964, State and Federal courts' where does the political power of the this decision, we had to completely dis­ declared the apportionment plans of 32 United States then lie? Not in the peo- regard other parts of the Constitution States to be unconstitutional. State leg­ ple, but in the Supreme Court. ~hich are just as ge~ane and just as islatures reapportioned themselves in 10 I might say to"the gentleman that in imp?rta~t as those which tJ:e Co~~t has States and the courts did the job for a survey of the people of my district strained m order to reach this decision. them in another.4 States. At the start of within the last month, I asked my con- This is not an idle question.· 1965, 24 States were under court order stituency whether in view of the political Those of us who believe that Congress to reapportion before th.e next State leg- powers ·now being asserted by the Su- should act do so with the sincere feeling islature elections. · preme Court of the United states there that this is a basic and very profound The State of Colorado presents an in­ aught to be some consideration given to constitutional question. teresting study. Colorado voters ap­ a restructuring of the Supreme Court In our bicameral system of State legis­ proved a plan in 19~2 whtch provided for itself-perhaps by providing.far the ap- latures, adopted by all but· one . of our house districts to be based ori population pointment of Supreme Court justices for States, one house is based on population and the senate on factors other than pop­ fixed terms-maybe 12 years. I will state and the other on factors other than pop- ulation, the same political system which 4388 CONGRESSIONAL RECORD - HOUSE March 8, 1965 governs these United States. However, individual States to either adopt or reject the gentleman from West Virginia [Mr. despite its overwhelming approval by the this amendment. HECHLER] for calling the attention of the people of Colorado, the Supreme Court I urge that we give the American peo­ House and of the Nation to the fact that ruled this plan invalid. Here we find the ple this right. I urge that we bring this this day, or approximately this day does people of a sovereign State overruled by matter to the floor of the House. Let us commemorate the crossing of the Rhine the Court-a body not elected by them, debate the issue. Then let us make a over the Remagen Bridge. The gentle­ not answerable to any body of electors. decision based on the merits of the case. man has distinguished himself by his There are those of us in this House It is my feeling that this is our duty, for book "The Bridge at Remageri," which who sincerely believe that a great con­ if the law of the land determining the accurately and colorfully records this stitutional question is at stake. Will makeup of our State legislatures is to be historic event which was so instrumental the Supreme Court make the laws for changed, let Congress make that change. in hastening the def eat of the powerful this land or will it be the Congress? Let us not shirk this duty. Germany army. The commander of that That is the question, the basic question, . first tank which crossed the Remagen with which we are faced. Bridge on that black night was Sgt. We seek to present to the people of THE 20TH ANNIVERSARY OF THE William J. Goodson, who resides in my the United States a constitutional CAPTURE OF REMAGEN BRIDGE district. It is in the recalling of the ex.. amendment. We seek to allow them ploits of the few that we realize the to determine the form of government The SPEAKER pro tempore tanks across the ing World War II. In recalling this one for an individual State to pattern its shaky bridge. · single hour in the life of one· member government on the sound basis which Within 24 hours of the first crossing, of this citizens Army we realize again forms the basis for our Federal struc­ 8,000 American troops and vehicles had what extraordinary soldiers they were. ture. While one house would have to crossed the bridge, which was worth its Mr. DORN. Mr. Speaker, will the be based on popmation, as is our own weight in gold. Then pontoon and gentleman yield? U.S. House of Representatives, the other treadway bridges were built by the en­ Mr. HECHLER. I yield to the gentle­ house could consider other factors. gineers, while repairs were being made to man from South Carolina [Mr. DoRNJ. The elected representatives of the peo­ the main bridge. The main bridge col­ Mr. DORN. Mr. Speaker, I, too, would ple would have to come up with a plan. lapsed without warning on March 17, like to commend my distinguished col­ They know their State best; they know 1945, carrying to their deaths 28 Ameri­ league for calling to the attention of thE: its problems. They would be checked by can engineers who were working fever­ House the anniversary of this great mili­ the Governor, elected by all of the people ishly to strengthen the structure. But by tary event in the history of our country- who could veto their proposal and thus this time, the pontoon bridges had been . the capture of the Remagen Bridge across generally would have a voice in the deci­ completed and were carrying traffic. the Rhine. I want to also thank my dis­ sion. Mr. Speaker, the capture of the Rema­ tinguished and able colleague for bring­ Then the plan would have to go to gen bridge is an epic of American cour­ ing this remarkable feat to our attention the people. Only after the people of the age and initiative. As several German and also for writing an outstanding book particular State had acted would it be­ generals remarked to me after the war, on the Remagen Bridge, titled "The come the law. "It could have happened in no army but Bridge at Remagen." I commend it to It seems to me that this is the fair the American Army." the attention of my colleagues and to all solution. We are placing this question Mr. ROUSH. Mr. Speaker, will the those interested in true military history. squarely where it should be-with the gentleman yield? I would like to remind the House that people . Mr. HECHLER. I yield to the gentle­ one of the first to cross the Remagen As you well know, Congress cannot pass man. Bridge was John Grimball. from Colum­ a constitutional amendment. We can Mr. ROUSH. Mr. Speaker, first I bia, -S.C., who is now a distinguished and only propose. Then it will be up to the would like to compliment my colleague, able judge of the South Carolina circuit March 8, 1965 CONGRESSIONAL RECORD - HOUSE 4389 court, whom we all love and admire. He small group of courageous Americans at zia; Lando Landix; Lisimberti Idelbene, was awarded the Silver Star Medal, Remagen, for keeping alive the memory Milano; Longaretti Trento, Bergamo. Presidential Unit Citation, and the Dis­ of his comrades in arms on that day Guidotti Ferruccio, Bergamo; Ludo­ tinguished Service Cross for taking a when bold and resolute action by a few visi Felice, Roma; Mazaroli Ricciotti, leading role in the crossing of the Rema­ spared the lives of many. Ravenna; Masetti Germano, Ronchi dei gen. Judge Grimball is married to the Legionari; Macciani Buti Ada, Milano· former Caroline Gordon Belser, of Co­ Monti Augusto, Milano; Magnani Luigi', lumbia, S.C., and is the father of five RECENT VISIT OF ITALIAN ARTISTS Roma; Malerba Aldo, Milano; Maderni children. He was a member of the House TO WHITE HOUSE Giuseppe, Bergamo; Matteotti Aldo, Mi­ of Representatives of the South Carolina lano. General Assembly prior to his election as The SPEAKER pro tempore. Under Marussi Garibaldo, Milano; Milani circuit judge in early 1960. previous order of the House, the gentle­ Milena, Milano; Mirabella Saro, Roina; On the 10th anniversary of the Rema­ man from New York [Mr. RooNEY] is Monty Nancy, Roma; Monti Rolando gen crossing a group including Judge recognized for 30 minutes. Roma; Miele Franco, Roma; Nastasi~ Grimball met at the White House with Mr. ROONEY of New York. Mr. Alessandro, Milano; Onofri . Guido, former President Eisenhower. At that Speaker, I was highly privileged to be Ravenna; Origgi Roberto, Como; Morello time it was generally agreed that one of present when President Lyndon B. John­ Vittorio, Padova. the most stirring moments of World War son met with a group of visiting Italian Panigati Amalia, Milano; Paulucci II occurred during the crossing of the artists in the White House on Friday, delle Roncole Enrico, Torino; Pallozzi Remagen. The tanks were braced for February 26, 1965. Gaetano, Sulmona; Poggiali Giulio Vito, the initial crossing and each man wait.ed The President's generous act of invit­ Roma; Pozzi Pippo, Biella; Ranzi Angelo, for the order. Suddenly the radio was ing the 120 Visiting artists is indicative Ravenna. heard amid complete silence in each of both his great friendship for the Ramella Giorgio, Torino; Rigamonti tank. The order from the commanding Italian people and his warm regard for Luigi, Milano; Robaudi Mario, Milano; officer was clear and to the point--"Lieu­ their sustained contribution to the art Rock Adami Tomaso, ·Firenze; Rosal tenant Grimball, get to the bridge." For and culture of the world. Bruno, Firenze. · a moment there was a pause and Lieuten­ These artists arrived in New York City ant Grimball replied in a rich southern on February 25 on a good will tour, spon­ Rosa Peter, Milano; Rossello Mario accent that could be mistaken by no one, sored by the Italian-American Labor Milano; Rossello Anna, Milano; Rossi~ "Sir, I'm already at the bridge." Council of which Luigi Antonini is presi­ Scotti Luigi, Montepetriolo, Perugia · Mr. Speaker, I thank the gentleman dent. Among the better known members Rossi-Scotti Rossella, Montepetriolo, Pe~ from West Virginia for yielding to me at of the group are Lucio Fontana, Aldo rugia and RECORD, or to revise and extend remarks a draft of proposed legislation entitled "A include extraneous matter. was granted to: b111 to amend subsection (b) of section 214 an~ subsection ( c> ( 1) of section 222 of the The SPEAKER pro tempore. Is there Mr. MADDEN on the 25th anniversary Communications Act of 1934, as amended, objection to the request of the gentleman ceremony of the Katyn Forest massacre, in order to substitute the Secretary of De­ from Illinois? - and to include extraneous matter. fense (rather than the Secretaries of the There was no objection: Mr. BROOKS and to include a speech by Army and the Navy) as the person entitled Mr. HANSEN. of Iowa. Mr. Speaker, Mr. McCORMACK. to receive ofticial notice of the filing of cer­ a large number of my constituents in the Mr. RooNEY of New York

EX T E N S I 0 N S 0 F R EM A R K S .-.r

Prodads of Progress ~xposition To Be Engineering and Technical Services of of engineering and technical activity in St. Joseph Valley in my Indiana congres­ that area of the country. The exposition, Held in Sou~h Ben_d,_Ind. 1 sional district for its initiative in sponsor­ which will be held on the campus of the ing an exhibition of our local products University of Notre Dame, is expected to and services. · attract from 25,000 to 30,000 people. OJ' ·The Products of Progress Exposition, In a'ddltion to displays of products HON. JOHN BRADEMAS to be held from March 12 to 14, represents manufactured by and technical services an eft'ort to promote a greater awareness available from individual firms and or­ OF INDI,&NA ganizations, the exposition will offer ex­ of the technical excellence of industries IN THE HOUSE OF. REPRESENTATIVES M hibits by technical societies and educa­ and organizations in north central In­ ~ \ Monday, Mar;ch _8, 1965 tional institutions. Products of Progress ~Uana and southwestern Michjgan. The will thus present a concentrated picture Mr.· BRADEMAS. · Mr. Speaker;· I exposition will fea.ture exhibits by local of the range and excellence of local tech­ would like to congratulate-. the Council of firms and will emphasize the vast scope nical and engineering skills and products.

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