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Home , I Shall Not Be Moved

April 23, 1965 CONGRESSIONAL RECORD - SENATE 8329 Mr. EVANS. Were you a sponsor of that? which lasted quite a long while. Then when staff the school again. "Over my dead body Mrs. BOLTON. No, but I worked behind the the second war came along, two or three the Army will do any nursing," he said. Oh, scenes and bumped everybody off who was in of the nurses and I went to see the Surgeon we were crushed. We now have nurses very my way. We finally got our school established General and we said we were quite ready to well established in the services.

Senate completes its business today, it APPOINTMENT OF SENATOR WIL­ SENATE stand in adjournment until 12 o'clock LIAMS OF NEW JERSEY TO 18TH noon Monday next. FRIDAy, APRIL 23, 1965 ASSEMBLY OF WORLD HEALTH The VICE PRESIDENT. Without ob­ ORGANIZATION jection, it is so ordered. The Senate met at 12 o'clock meridian, The VICE PRESIDENT. The Chair and was called to order by the Vice announces the appointment of the Sena­ President. LIMITATION ON STATEMENTS DUR­ tor from New Jersey [Mr. WILLIAMS] to Rev. Edward B. Lewis, pastor, Capitol ING TRANSACTION OF ROUTINE the 18th Assembly of the World Health Hill Methodist Church, Washington, Organization to be held at Geneva, D.C., offered the following prayer: MORNING BUSINESS On request by Mr. MANSFIELD, and by Switzerland, May 4-21, 1965. Our Heavenly Father, inspiration is the unanimous consent, statements during need of this moment as we join together the transaction of routine morning busi­ ~UTIVE COMMUNICATIONS, in another session of the U.S. Senate. ness were ordered limited to 3 minutes. Endow these worthy men and women ETC. with purpose, integrity, and faith. In­ The VICE PRESIDENT laid before the spire them with Thy presence. SENATOR FROM SOUTH CAROLINA Senate the following letters, which were In order that man's inhumanity to referred as indicated: man will cease, we need information­ Mr. THURMOND. Mr. President, I REPORT ON NUMBER OF OFFICERS ASSIGNED OR information that will acquaint neighbor advise the Senate that DONALD S. Rus­ DETAILED TO PERMANENT DUTY AT THE SEAT with neighbor, friend with enemy, light SELL has been appointed by the Governor OF GOVERNMENT with darkness. Inform us, O God, as of South Carolina as a Senator from the A letter from the Secretary of the Air Force, citizens and leaders. Inspire us to put State of South Carolina to represent reporting, pursuant to law, that, as of into practice what we learn to be right that State in the Senate of the United 31, 1965, there was an aggregate of 2,177 of­ for all men. States until the vacal}CY thereof, caused ficers assigned or detailed to permanent duty Dear Lord, we pause with the words of by the death of the late Senator Olin D. in the executive part of the Department of the Psalmist: Johnston, is filled by election as pro­ the Air Force at the seat of government; to "My soul, wait Thou upon God, for vided by law. the Committee on Armed Services. my expectation is from Him. He only is I send the certificate of appointment AMENDMENT OF SMALL BUSINESS ACT AND my rock and my salvation; He is my to the desk. SMALL BUSINESS INVESTMENT ACT OF 1958 defense; I shall not be moved. In God The certificate of appointment was A letter from the Administrator, Small is my salvation and my glory; the rock read, and ordered to be placed on :file, as Business Administration, Washington, D.C., transmitting a draft of proposed legislation of my strength, and my refuge, is in follows: to amend the Small Business Act and the God. Trust in Him at all times, ye peo­ To the PRESIDENT OF THE SENATE OF THE Small Business Investment Act of 1958 (with ple; pour out your heart before Him. God UNITED STATES: accompanying papers) ; to the Committee on is a refuge for us." This is to certify that, pursuant to the Banking and Currency. power vested in me by the Constitution of Thus we believe, our Heavenly Father; REPORT ON PROVISION OF AVIATION WAR RISK we receive inspiration, information, and the United States and the laws of the State of South Carolina, r, · Robert E. McNair, the INSURANCE have expectation as we :find ourselves in Governor of said State, do hereby appoint A letter from the Secretary of Commerce, Thee-our salvation, our defense, our DONALD RUSSELL a Senator from said State transmitting, pursuant to law, a report on refuge, and rock in time of storm. to represent said State in the Senate of the the provision of aviation war risk insurance, We pray in the name and spirit of our United States until the vacancy therein, as of March 31, 1965 (with an accompanying Lord. Amen. caused by the death of Olin D. Johnston, is report); to the Committee on Commerce. filled by election as provided by law. REPORTS OF COMPTROLLER GENERAL Witness: His Excellency our Governor A letter from the Comptroller General of THE JOURNAL Robert E. McNair, and our seal hereto af­ the United States, transmitting, pursuant to fixed at Columbia, S.C., this 22d day of On request of Mr. MANSFIELD, and by law, a report on unnecessary retention of April, in the year of our Lord 1965. high-value land, Fort Gordon, Ga., Depart­ unanimous consent, the reading of the ROBERT E. McNAm, ment of the Army, dated April 1965 (with Journal of the proceedings of Thursday, Governor. an accompanying report); to the Committee April 22, 1965, was dispensed with. By the Governor: on Government Operations. 0. FRANK THORNTON, A letter from the Comptroller General of Secretary of State. the United States, transmitting, pursuant to MESSAGES FROM THE PRESIDENT The VICE PRESIDENT. If the Sena­ law, a report on overpricing of ammunition Messages in writing from the President tor-designate will present himself at the components purchased from Honeywell, desk, the oath of office will be admin­ Inc., Hopkins, Minn., Department of the of the United States, submitting nomi­ Army, dated April 1965 (with an accompany­ nations, were communicated to the Sen­ istered to him. ing report); to the Committee on Govern­ ate by Mr. Geisler, one of his secretaries. Mr. RUSSELL of South Carolina, es­ ment Operations. corted by Mr. THURMOND, advanced to A letter from the Comptroller General of the Vice President's desk, and the oath the United States, transmitting, pursuant to EXECUTIVE MESSAGES REFERRED of office prescribed by law was admin­ law, a report on the procurements of spare As in executive session, istered to him by the Vice President and parts and assemblies in excess of current was subscribed by him. [Applause, Sen­ needs by the U.S. Marine Corps, Department The VICE PRESIDENT laid before the of the Navy, dated April 1965 (with an ac­ Senate messages from the President of ators rising.] companying report); to the Committee on the United States submitting sundry Government Operations. nominations, which were referred to the A letter from the Comptroller General of appropriate committees. COMMITI'EE MEETING DURING the United States, transmitting pursuant to (For nominations this day received, SENATE SESSION law, a report on unnecessary procurement of office furniture, Department of Labor, dated see the end of Senate proceedings.) Mr. MANSFIELD. Mr. President, I April 1965 (with an accompanying report); to ask unanimous consent that the Com­ the Committee on Government Operations. mittee on Interior and Insular Affairs be ORDER FOR ADJOURNMENT UNTIL REPORT OF DEPARTMENT OF HEALTH, EDUCA- authorized to meet during the session of TION, AND WELFARE MONDAY the Senate today. A letter from the Secretary of Health. Mr. MANSFIELD. Mr. President, I The VICE PRESIDENT. Without ob­ Education, and Welfare, transmitting, pur­ ask unanimous consent that when the jection, it is so ordered. suant to law, a report of that Department. 8330 CONGRESSIONAL RECORD - SENATE April 23, 1965 for the fiscal year 1964 (with an accompany­ "Resolved, That the secretary of state "Whereas it is their belief that there is a ing report) ; to the Committee on Labor and transmit a copy of these resolutions to the great need to instill in the hearts and minds Public Welfare. presiding officer of each branch of the Con­ of our youth proper respect and reverence AMENDMENT OF CIVIL SERVICE RETIREMENT gress, and to each Member thereof from the to a Supreme Being; and ACT, RELATING TO CERTAIN ANNUITIES Commonwealth. "Whereas the recital of voluntary prayers "Senate, adopted, March 25, 1965. in our public schools will accomplish that A letter from the Director, Administrative "THOMAS A. CHADWICK, purpose and will help maintain traditions Office of the United States Courts, Washing­ "Clerk. cherished by so many of our citizens: Now, ton, D.C., transmitting a draft of proposed "House of representatives, adopted in con­ therefore, be it · legislation to amend the Civil Service Retire­ currence, April 7, 1965. "Resolved, That the General Court of Mas­ ment Act to authorize the payment of an "WILLIAM C. MAIERS, sachusetts respectfully urges the Congress annuity to a secretary of a justice or judge "Clerk. of the United States to enact legislation pre­ of the United States on the same basis as an "Attest: senting to the States a proposed constitu­ annuity to a congressional employee or for­ "KEVIN H. WHITE, tional amendment permitting the recital of mer congressional employee (with: an accom­ "Secretary of the Commonwealth." a nonsectarian prayer in our public schools; panying paper); to the Committee on Post and be it further Office and Civil Service. A resolution of the General Court of the Commonwealth of Massachusetts; to the "Resolved, That copies of these resolutions Committee on Government Operations: be transmitted forthwith by the secretary PETITIONS AND MEMORIALS of the Commonwealth to the President of "RESOLUTION OF THE COMMONWEALTH OF the United States, the presiding officer of Petitions, etc., were laid before the MASSACHUSETTS each branch of the Congress, and to the Senate, or presented, and referred as "Resolution memorializing the Administra­ Members thereof from the Commonwealth. indicated: tor of Veterans' Affairs relative to the "House of representatives, adopted, March office of the Commissioner of Veterans' By the VICE PRESIDENT: 29, 1965. A resolution of the General Assembly of the Services of the Commonwealth "WILLIAM C. MAIERS, State of Rhode Island; to the Committee on "Resolved, That the General Court of "Clerk. Finance: Massachusetts respectfully urges the Admin­ "Senate, adopted in concurrence, April 1, istrator of Veterans' Affairs to recognize the 1965. "HOUSE RESOLUTION 1623 office of the Commissioner of Veterans' Serv­ "THOMAS A. CHADWICK, "Resolution of the General Assembly memo­ ices of the Commonwealth of Massachusetts "Clerk. rializing the Senators and Representatives as an agency authorized and accredited to "Attest: from Rhode Island in Congress to take im­ represent veterans and other persons in mat­ "KEVIN H. WHITE, mediate action to abolish the quota restric­ ters dealing with affairs of veterans before the "Secretar y of the Commonwealth." t ion on the import of residual oil Veterans' Administration; and be it further A resolution adopted by the Southern In­ "Whereas residual oil is the energy source "Resolved, Tha\ the General Court of terstate Nuclear Board of Hollywood Beach, in generating electricity used by all our in­ Massachusetts further respectfully urges the Fla., favoring the enactment of legislation to dustries, businesses, institutions, municipal­ Administrator of Veterans' Affairs to procure amend the Atomic Energy Act of 1954, to ex­ ities, and homes; and from the Administrator of the General Serv­ tend the provisions of the Price-Anderson "Whereas because of the restrictions im­ ices' Administration office space in the John indemnity legislation for an additional pe­ posed on the import of residual oil into this Fitzgerald Kennedy Federal Building in the riod of 10 years; to the Joint Committee on area, our electric rates in Rhode Island are city of Boston for the office of the Commis­ Atomic Energy. among the highest in the Nation; and sioner of Veterans' Services of the Common­ "Whereas our industries, business and wealth of Massachusetts in order to provide homeowners who are dependent on electricity better service for the veterans of the Com­ RESOLUTION OF THE CITY OF GARY, are at an economical disadvantage in com­ monwealth; and be it further parison to other areas; and "Resolved, That the General Court of IND., COMMON COUNCIL ON SEC­ "Whereas because of this economic dis­ Massachusetts further respectfully urges the TION 14(b), TAFT-HARTLEY advantage our industries are in an unfavor­ Administrator of Veterans' Affairs to initiate Mr. HARTKE. Mr. President, I have able competitive position; and legislation, if necessary, to accomplish these "Whereas new industries are detracted from ends; and be it further received from the office of the city of establishing in Rhode Island because of this "Resolved, That copies of these resolutions Gary, Ind., a resolution passed by the competitive disadvantage caused by the high be transmitted forthwith by the secretary of Gary Common Council recently urging electric rates that are dependent upon the the commonwealth to the Administrator of Congress to repeal the well-known sec­ cost of the residual oil: Now, therefore, be it Veterans' Affairs, the Administrator of the tion 14(b) of the National Labor Rela­ " Resolved, That the Members of Congress General Services' Administration, the presid­ tions Act. This is an official resolution from the State of Rhode Island are hereby ing officer of each branch of the Congress of direct to the Congress. I ask unanimous respectfully requested to take proper and im­ the United States, and to the Members consent that it may appear in the CON­ mediate necessary action to have all restric­ thereof from the Commonwealth. tions on the import of residual oil abolished; "House of representatives, adopted, March GRESSIONAL RECORD, and request that it directing the Secretary of State to transmit 29, 1965. be referred to the appropriate committee. duly certified copies of this resolution to the "WILLIAM C. MAIERS, There being no objection, the resolu­ Secretary of the Senate, the clerk of the "Clerk. tion was referred to the Committee on House of Representatives and to each Mem­ "Senate, adopted in concurrence, April 5, Labor and Public Welfare, as follows: ber of Congress elected from the State of 1965. RESOLUTION 952 Rhode Island." "THOMAS A. CHADWICK, Resolution of the city of · Gary urging Con­ A resolution of the General Court of the "Clerk. "Attest: gress to enact legislation to restore full Commonwealth of Massachusetts; to the freedom of collective bargaining as uni­ Committee on Finance: "KEVIN H. WHITE, form national labor policy and practice "RESOLUTION OF THE COMMONWEALTH OF "Secretary of the Commonwealth." throughout the United States, by repeal­ MASSACHUSETTS A resolution of the General Court of the ing existing sanctions of State right-to­ "Resolution memorializing the Congress of Commonwealth of Massachusetts; to the work laws contained in section 14(b) of the United States to enact legislation pro­ Committee on the Judiciary: the National Labor Relations Act, as viding medical care for the elderly through "RESOLUTION OF THE COMMONWEALTH OF amended, and section 705(b) of the Labor­ social security financing MASSACHUSETTS Management Reporting and Disclosure Act "Whereas a major problem facing a large "Resolution memorializing the Congress of of 1959, and by other appropriate action number of elderly citizens ls how to meet the the United States to enact legislation pre­ Whereas section 14(b) of the National rising cost of medical care with fixed or de­ senting to the States a proposed constitu­ Labor Relations Act, as amended, and section clining income; and tional amendment permitting the recital 705(b) of the Labor-Management Reporting "Whereas the social security system has of a nonsectarian prayer in the public and Disclosure Act of 1959 sanction the en­ enabled large numbers of elderly citizens to schools actment of State right-to-work laws pro­ maintain a way of life which preserves their "Whereas in the recent case of Engel v. hibiting the negotiation of agreements dignity and their independence; and Vitale, the Supreme Court of the United between unions and employers assuring "Whereas adding medical care would be a States declared the use of a voluntary prayer union security during the terms of such natural extension of the social security idea: as prepared by the board of regents of the agreement; and Now, therefore, be it State of New York to be unconstitutional; Whereas by constitutional provision or "Resolved, That the General Court of Mas­ and statute 19 States have such right-to-work sachusetts respectfully urges the Congress of "Whereas it ls the will and desire of the laws in effect, and by ordinance or other en­ the ·united States to enact legislation to pro­ majority of our citizens to recognize the actment numerous municipalities, counties, vide medical care for the elderly thrbugh existence of God and our dependence on and other local bodies have adopted and put social security :fl.nancing; and be · it further Him; such laws into effect; and April 23, 1965 CONGRESSIONAL RECORD - SENATE 8331 Whereas such laws are contrary to and in inventions made through the expenditure of The bill also authorizes the assign­ derogation of provisions of Federal law con­ public funds, and for other purposes; to the ment of qualified prisoners to commu­ tained in sections 8(a) (3) and 8(f) of the Committee on the Judiciary. nity residential treatment centers pat­ National Labor Relations Act, as amended, (See the remarks of Mr. McCLELLAN when which in the absence of section 14(b) of the he introduced the above bill, which appear terned on the Federal halfway houses National Labor Relations Act, as amended, under a separate heading.) that have proven so successful for juve­ and section 705(b) of the Labor-Manage­ By Mr. McCLELLAN (by request): niles and youths released to Los Angeles, ment Reporting and Disclosure Act of 1959, S. 1810. A bill to amend section 1498 of Chicag·o, Detroit, and New York City. permit under specified conditions the ne­ title 28, United States Code, to define the The centers serve as a bridge between in ... gotiation of agreements between unions and word "owner"; to the Committee on the stitutional rehabilitation and reintroduc­ employers assuring union security during the Judiciary. tion to the community. We are con­ term of such agreements; and (See the remarks of Mr. McCLELLAN when vinced that they are part of the answer Whereas State right-to-work laws under­ he introduced the above bill, which appear mine union organization and interfere with under a separate heading.) to the President's question concerning full freedom of collective bargaining between By Mr. COTTON: correctional programs which would help unions and employers; tend to depress wages S. 1811. A bill for the relief of Catalina to prevent a first offense from leading to and working conditions and to promote Vera-Pericas; to the Committee on the Judi­ a career in crime. strikes and instability and antagonism in ciary. Over the past few years, I have visited labor-management relations; and unfairly a large number of Federal penal and compel unions to represent and bargain for correctional facilities, from the camps workers who are unwilling to bear the cost MORE EFFECTIVE CORRECTIONAL and responsibility of participation in union and halfway houses to fairly secure pris­ organization and collective bargaining; and PROGRAMS ons. I am convinced that the Federal Whereas State right-to-work laws are un­ Mr. LONG of Missouri. Mr. President, prison system has developed the techni­ fair and antilabor in their effects and are not long ago the President of the United cal competence to expand its correction­ designed to weaken and harass labor unions States sent to the Congress a message on al programs into the community with in their organization efforts and in represent­ virtually no risk to citizens and property. ing workers in bargaining with their em­ crime. He proposed the enactment of ployers; and the Law Enforcement Assistance Act of Certainly if prisoners can be trusted at Whereas labor unions are generally ren­ 1965 which among other things would the open camps that I have seen in Ari­ dered less effective in promoting the welfare authorize a search for ways of making zona and the completely open institu­ of wage earners, and wages and working con­ the correctional process more effective. tion near Dallas, Tex., they can be se­ ditions are generally lower in States having He also established the President's Com­ lected with similarly skilled analysis for right-to-work laws than in States where such mission on Law Enforcement and Ad­ assignment to community-oriented pro­ laws exist; and ministration of Justice, charging this grams. Whereas successful implementation of the national labor policy in support of union or­ body with finding the answers to a num­ The bill will provide desirable :flexibil­ ganization and collective bargaining is not ber of specific questions relating to the ity that will greatly assist the Federal possible unless unions and union security are crime problem. One of these questions Bureau of Prisons in its mission of in­ accepted by management as '1esirable forms was: "What correctional programs are mate rehabilitation. of industrial dealings: Now, therefore, be it most promising in preventing a first of­ Mr. President, I introduce for appro­ Resolved, That the City Council of Gary, fense from leading to a career in crime?" priate reference, on behalf of myself and Ind., urgently requests that the Congress of T:tie Judiciary Committee's Subcom­ the Senator from Nebraska [Mr. the United States enact such legislation as may be necessary and appropriate to repeal mittee on National Penitentiaries, of HRUSKA] a bill to amend section 4082 of section 14(b) of the National Labor Relations which I am chairman, has long been con­ title 18, United States Code, to facili­ Act, as amended, and section 705(b) of the cerned by the need for improvements in tate the rehabilitation of persons con­ Labor-Management Reporting and Disclosure the correctional process. Our inspec­ victed of offenses against the United Act of 1959, which sanction State right-to­ tions of Federal facilities over the years States. I ask unanimous consent that work laws, and to restore full freedom of col­ has indicated that if we are more effec­ the bill be held at the desk until April lective bargaining as uniform national labor tively to salvage the off ender we must 30 so othet Senators may join as co­ policy and practice throughout the United sponsors. I also ask unanimous consent States; and be it further provide a wider range of facilities and Resolved, That copies of these resolutions more flexible procedures for their cor­ that the bill be printed at this point in be sent forthwith by the clerk of the city of rectional treatment. Our report of Feb­ the RECORD. Gary to the President and Vice President of ruary 27, 1964, requested that the At­ The PRESIDING OFFICER (Mr. Moss the United States, to the Speaker of the torney General give study to several in the chair). The bill will be received House of Representatives of the Congress, and suggestions that came up in our January and appropriately referred; and, without to the Senators and Representatives repre­ hearings. It also expressed the inten­ objection, the bill will be printed in the senting their State in the Congress of the RECORD and held at the desk, as requested United States. tion of the subcommittee to develop leg­ Adopted by the common council this 16th islation which would adapt the Huber by the Senator from Missouri. of March 1965. law principle to the Federal jurisdiction The bill (S. 1808) to amend section LOUIS G. KARRAS, and extend the halfway house idea to se­ 4082 of title 18, United States Code, to Presiding Officer. lected adult prisoners. facilitate the rehabilitation of persons Attest: Recently the Attorney General trans­ convicted of offenses against the United BETTY MALINKA, mitted to Congress· such a measure. It States, introduced by Mr. LONG of Mis­ City Clerk. is my pleasure to join with the distin­ Approved and signed by me this 19th day souri (for himself and Mr. HRUSKA) was of March 1965. guished Senator from Nebraska [Mr. received, read twice by its title, ref~rred A. MARTIN KATZ, Mayor. HRUSKA] in introducing the bill. to the Committee on the Judiciary, and The proposal provides a plan under ordered to be printed in the RECORD, as which selected Federal prisoners may follows: BILLS INTRODUCED work at paid employment or undertake Be it enacted by the Senate and House of Bills were introduced, read the first training courses in nearby communities, Representatives of the United States of time, and, by unanimous consent, the each day leaving from and returning to America in Congress assembled, That section second time, and referred as follows: the institutions in which they are serv­ 4082 of title 18, United States Code, is ing sentences. The prisoners given this amended to read: By Mr. LONG of Missouri (for him­ privilege would be chosen from those "§ 4082. Commitment to Attorney General; self and Mr. HRUSKA) : residential treatment centers; extension of S. 1808. A bill to amend section 4082 of who are considered to be trustworthy limits of confinement; work furlough. title 18, United States Code, to facilitate the and who can be expected to benefit from "(a) A person convicted of an offense rehabilitation of persons convicted of of­ the program. This so-called work-re­ against the United States shall be committed, fenses against the United States; to the lease plan has been adopted in various Committee on the Judiciary. for such term of imprisonment as the court forms by 17 States and has proven suc­ may direct, to the custody of the Attorney ( See the remarks of Mr. LONG of Missouri cessful. It promotes rehabilitation, when he introduced the above bill, which General of the United States, who shall desig­ appear under a separate heading.) enables prisoners to continue supporting nate the place of confinement where the sen- By Mr. McCLELLAN: families, and reduces costs of imprison­ tence shall be served. • S. 1809. A bill to establish a uniform na­ ment. It should be made available for "(b) The Attorney General may designate tional policy concerning property rights 1n application to Federal prisoners. as a place of confinement any available. 8332 CONGRESSIONAL RECORD - SENATE April 23, 1965 suitable, and appropriate institution or fa­ oners to residential community treat­ way house concept in the Federal prison cility, whether maintained by the Federal ment centers, or more commonly called system. Government or otherwise, and whether halfway houses. Mr. President, I aslk unanimous con­ within or without the judicial district in sent that the speech be placed in the which the person was convicted, and may at Second. The Attorney General could any time transfer a person from one place of grant brief periods of leave under emer­ RECORD at the conclusion of my remarks. confinement to another. gency conditions or for purposes related The PRESIDING OFFICER. Without " ( c) The Attorney General may extend the to release preparation. objection it is so ordered. limits of the place of confinement of a pris­ Third. Finally, the Attorney General (See exhibit 1.) oner as to whom there is reasonable cause to would be able to permit prisoners to work REHABILITATION LEAVE believe he will honor his trust, by authoriz­ ing him, under prescribed conditions, to: in private employment or to participate Mr. HRUSKA. The second major pro­ " ( 1) visit a specifically designated place or in community training programs while vision of this bill has to do with emer­ places for a period not to exceed thirty days continuing as inmates in the institution gency or rehabilitation leave. It also is and return to the same or another institution to which they have been committed. not a new concept, having been incorpo­ or facility. An extension of limits may be Now, ·1 would like to comment on the rated into the prison systems of at least granted only to permit a visit to a dying rela­ three major provisions briefly: 10 States and several European nations. tive, attendance at the funeral of a relative, TO EXPAND A TRIED CONCEPT As with the halfway house, the leave con­ the obtaining of medical services not other­ wise available, the contacting of prospective First. The bill grants authority to ex­ cept has already found its way into the employers, or for any other compelling reason pand the halfway house concept. It Federal system under the Federal Youth consistent with the public interest; or now applies to juvenile and youthful of­ Corrections Act and the Federal Juvenile "(2) work at paid employment or partici­ f enders in the Federal correctional sys­ Delinquency Act. pate in a training program in the community tem. This idea ought to be extended to It may be that the emergency leave or voluntarily serve a public or nonprofit more mature offenders who, in the opin­ provision of the bill can be demonstrated agency, while continuing as a prisoner of the ion of the Federal authorities, should be to be a valuable tool. Our subcommittee institution or facility to which he is will want to examine this concept in de­ committed. given partial correctional treatment in "(d) The willful failure of a prisoner to re­ a wholesome community setting. Re­ tail in its deliberations on the bill. main within the extended limits of his con­ gardless of the efficiency and humanity The work release provision of the bill finement, or to return within the time pre­ with which a Federal correctional insti­ would greatly enhance the resources scribed to an institution or facility desig­ tution may be administered, the daily available to the Federal institutions. nated by the Attorney General, shall be life there is much different than that of Like Senator LONG, I feel that the super­ deemed an escape from the custody of the the free community or the free world as visory personnel of the Federal system Attorney General punishable as provided in the inmates term it. The contrast is in­ have the technical know-how and judg­ chapter 35 of this title. herent and largely unavoidable. The re­ ment to use these additional resources "(e) The authority conferred upon the At­ with the welfare of the public uppermost torney General by this section shall extend sult too often · is that when a prisoner to all persons committed to the National has finished his sentence or is paroled, in mind. This has already been demon­ Training School for Boys. his abrupt release to the community im­ strated by the experimental application "(f) As used in this section: The term mediately confronts him with an array of work-release procedures to juvenile 'facility' shall include a residential com­ of problems that often comes as a severe and youthful offenders. But two-thirds munity treatment center: and the term shock and tends to overwhelm him: ·If of the prisoners released from Federal 'relative' shall mean a spouse, child (includ­ part of his correctional treatment could institutions are over 25 years of age. We ing stepchild, adopted child or child as to be undertaken in the community, or if should not overlook any plan that prom­ whom the prisoner, though not a natural ises to create more rehabilitative oppor­ parent, has acted in the place of a parent), he could be gradually reintroduced to parent (including a person who, though not community living, some of these prob­ tunities for them. a natural parent, has acted in the place of a lems could be resolved and he could be STATE EXPERIENCE parent), brother or sister." • adjusted to others in such a way that he The work release concept has been SEC. 2. The chapter analysis of section 4082 could not panic and revert to undesirable tried in many States and has proved to of title 18, United States Code, is amended ways. be a valuable penological tool. Started to read: "SEC. 4082. Commitment to Attorney Gen­ The problems of a released inmate are in the State of Wisconsin in 1913 with eral; residential treatment centers; extension many. He needs to find a job. He needs the enactment of the first Huber law, it of limits of confinement; work furlough." ·a place to live. He needs clothing and he has now spread to at least 16 other SEC. 3. Sections 751 and 752 of title 18, needs food. In many instances he needs States. An excellent article on "Work United States Code, are amended by insert­ to find a way to become reassimilated as Release in the United States" appeared ing the words "or facility" following the word a member of a family that has closed in the Journal of Criminal Law, Crimi­ 0 institution". ranks while he was gone. He also faces nology and Police Science recently. Mr. HRUSKA. Mr. President, I wish the plight imposed upon him by his sta­ Written by Stanley E. Grupp for the to join the subcommittee chairman, the tus as an ex-convict. These are all basic September 1963 edition of that journal, Senator from Missouri [Mr. LONG] in and crucial problems that really must be the article outlines the concept in detail sponsoring the bill that he has just out­ resolved in the community. The author­ and summarizes State experience with it. lined. Over the several years that I have ity provided by this bill would give the Mr. President, I ask unanimous con­ been a member of the National Peniten­ Federal prison system some means to sent that the article be placed in the tiaries Subcommittee I have been priv­ deal directly with them. RECORD at the conclusion of my remarks. ileged to visit most of the facilities of The halfway house concept has been The PRESIDING OFFICER. Without the Federal prison system. These visits tried out for almost 4 years in the Fed­ objection, it is so ordered. have convinced me that the system op­ eral prison system for juvenile and

At meetings of local officials in parishes The provision is- •J munity. We could supply those figures in which there might be segregation, · That the Attorney General may req1Jire for Louisiana. We could make them resolutions have been adopted condemn­ the applicant in such State or political sub­ available. At a minimum, if in a parish ing the junior Senator from Louisiana division to allege further t hat, within ninety the percentage of Negroes registered for taking the attitude that Negro cit­ d ays preceding his application, he has been equaled or exceeded the percentage of izens were entitled to vote. denied under colo;r of law the opportunity white citizens ·registered, there would be to register or to vote or has been found not I have repeatedly condemned the very qualified to vote by a person acting under no triggering of the act in that instance. practices which tne Senator has talked color of law. · ' 1 Ordinarily, it would seem to me that if about. I refer to questions of applicants the percentage of Negro voters in a coun­ in relation to an interpretation of the , That is 'section '7(a) with relation ~to ty was substantially in line with the per­ Constitution. Registrars have said, the I,"ight of the' examiner when appointed centage of white citizens registered, that "The Constitution states that no State to register a voter. So I think we have should take that county or parish out shall pass any ex post facto law or bill made an effort. Again I invite the crea­ from· under the act. of attainder. What is a bill of •attain­ tive· resoti.rces of the Senator in relation I admJ.t that it is a little more difficult der?" to that point, but I think we have made and requires a little more work to check Most lawyers cannot answer that an effort to deal with it. out the registration roll or to get figures. question. · ;In fact, even as to the triggers, so­ That is more difficult than merely to say Frankly, my uncle, whom I supported called, in section 4 (b) , which are really that in the last Presidential election less for Governor of Louisiana, and who sup­ tbe h.eart of this bill, it, must be :q.ote<;t than 50 percent of the people voted. ported me for, the Senate repeatedly, that m every case, even w:here there is I am suggesting that at least that worked as hard as any southerner has an automatic trigger the Attorney Gen­ makes more sense·, because there would and against adverse circumstances.in an ei;-al ·must p~ess it~ In other words, the be some showing that the.re was actually effort to see that fairness prevailed and action will :i:iot happen by itself. The discrimination when the percentage of that colored citizens were protected, as Attorney General must press the trigger, whites registered greatly exceeded the all other citizens :should be protected, in if the vote is less than 50 percent, and percentage of Negroes. their right to vote. So I have great sym­ 20 percent of th!;? population is Negro. The Senator.from New York is making pathy for anyone who wishes to see that The· Attorney General will get a petition, his case logically. If in a parish or a qualified citizens are entitled to vote. and he must decide: Yes, he will; or no, county x percentage of whites was reg­

A great number of southern people hewiffnot. 1 istered and a much lesser percentage wish to do the right thing. S.ome are He must press it when less- than 25 of Negroes registered, that pro­ being pressed by the Ku Klux Klan and per~ent o~ tlle Negro p6pulation ];las vides a basis upon which a case can citizens councils not to register any more voted. That is another Qne of f::he trig'i be made. ' Following that philosophy, Negroes. But my guess is that if there gers. There, again, he ·must act. He there should be a showing that the wei:e a statut;~ pi;oviding that those peo­ must put the machinery in motion. H'e percentage of Negroes registered was low ple should have an opportunity to regis­ must put it in gear, if he is 'going 'to seek compared with the percentage of white ter, and i,f th~ regi.,strars d~d not regis­ examiners. Even ip. the case of examin­ citizens registered in a community, if we ter them, Federal registrars w:ould be ers, he must determine what qualifica­ are to proceed on the basis that discrimi­ appointed, . we 1 would have a better tions shall apply. For example, the Sen:. nation in fact is presumed to exist. statute. , a~or from Louisia:i:ia ~poke of an effort ·The·fact that people do not vote at a We have before us a bill that would to qualify in good parishes before regis~ particular election, does · not prove.' a punisti people for something that had trations are actually begun by an ex- thing. In Louisiana, the act .would have happened under a law which they were 1:).miner. ' · ' ., been triggered because less than 50 per­ entitled to regard as valid, and under the Here is an area of creativity. I see cent of ,the people 1voted in the presiden: pressure of local people who contended no reason why, · Senators from · the tial race between Lyndon Johnson and that that law was valid and shouid be Sou~h-al}d again, I do not include the Barry Goldwater. People do not usual1 respected. Senator from Louisiana [Mr. LONG l, be­ ly vote plied to white be used if the court finds that' there .of future voting discrimination. With persons already registered. is no further racial discrimination in such clarification the amendment would Finally, subsection 4(d) (3) requires voting and that either of the following be workable. a finding tpat there is no reasonable conditions exists: Fir-st, the percentage , Mr. DOUG:.LAE!. I see no us~ful pur­ probability of the recurrence of the dis­ of persons in the State or political subdi­ pose that the 60-percent clause fulfills; criminatory use of tests or devices in vision that voted in the next, pre:c~ding I can see,a _great deal of damage that it the future. For example, this might presidential election exceeded the na­ might do. r believe that the use of the require a showing that , a substantial tional average percentage of persons ,second clause; nai:µely, if a court finds percentage of the qualified Negroes in voting in such election;' .or, second, the that restrictive tests or devices have been the area were then registered and had percent of persons in the State or politi­ used, would throw the case immedi~tely been allowed to vote in recent elections. cal subdivision that have been registered into the judicial process, which we found -The preceding subsections, all of which to vote by State or local election offi­ was ineffective in the 1957, 1960, and are contained in section 4 of the bill, cials-not including persons listed by 1964 acts, involving delays which the are the principal provisions governing Federal examiners-,exceeds 60 percent judicial process has inevitably involved. the suspension of tests and devices. Let .of the persons of voting age meeting res­ I hope we will reject the so-called us tl,lrn now to the second key feature idence requirements in the St~te or sub­ Dirksen amendment1 cqmpletely , . and of the bill-the Federal examiner ap­ divisions. ,1.~tterly. , Pointment provisions. This provision w~ added in the Judi­ i (_At this point, Mr. KE~N.EDY of New ciary Committee at the suggestion of.the York took the chair.) THE EXAMINER APPOINTMENT PROVIS:J;ONS distinguished Senator from Illinois [Mr. , Mr. TYDINGS: In.concluding my re­ ·Eight years of unrewarding civil liti­ DIRKSEN]. Some of us had misgivings marks on the suspension of tests and gation have taught us that the voter about this escape clause at that time, devices. let me· ad,vert briefly to a few registration process cannot be left in and 10 of us on the committee still pre­ technical points relating to judicial pro- the hands of local officials in areas'where fer the original version. ce~ding~ under section~·. , . such officials are determined to resist It has been suggested that the second Subs~ction 4(~) also provides that -in the legitimate aspirations of Negro cit- "escape clause" provision-subsection 4 any proceeding brought pursuant to it, 1izens to participate in the franchise and 8368 CONGRESSIONAL RECORD - SENATE April 23, 1965 in the political process. Accordingly. persons might be subject to various eco­ name has been removed from the list in section 6 of the bill, which was substi­ nomic pressures, physical threats, and accordance with subsection 7(d). tuted for section 4 (a) of the bill as in­ the like. Subsection 7(c) provides that the ex­ troduced, provides for the appointment The duties of examiners also are set aminer shall issue a certificate of vot­ of Federal examiners. A crucial differ­ out in this section. Their functions are ing eligibility to each person whose name ence between the provisions for the sus­ to examine applicants who present them­ appears on a list of eligible voters. This pension of tests and devices and the selves, determine ·if they are qualified, concludes my remarks on the examiner examiner appointment provisions should and prepare and maintain lists of per­ appointment provisions. be noted at this point. Under subsec­ sons eligible to vote in Federal, State, and OTHER PROVISIONS tions 4(b) (1) and 4(b) (2), the Attorney local elections. In addition to the key provisions re­ General and the Director of the Census The Civil Service Commission may, as have mandatory duties to make the de­ lating ·to the suspension of "tests and required by circumstances, have one ex­ devices" and the appointment of exam­ terminations which will have the effect aminer serve one or more subdivisions so iners, the bill contains a number of other of suspending the use of tests and de­ that it will not be necessary to have one vices under subsection 4 (a) if the con­ important provisions which I should like examiner in each subdivision that may to discuss briefly. ditions specified in those subsections in be covered. But each examiner would fact exist. By contrast, activation of be assigned to a specific subdivision or FREEZING OF STATE VOTER QUALIFICATIONS AN~ the Federal examiner machinery is dis­ subdivisions. PROCEDURES cretionary with the Attorney General. Section 7 deals with the mechanics of Section 5 deals with attempts by States The examiner machinery is activated by processing and listing applicants by Fed­ of political subdivisions whose tests or a certification by the Attorney General. eral examiners. devises have been suspended under Sec­ The actual appointment of examiners Subsection 7 (a) provides that exam­ tion 4 to alter voting qualifications and by the Civil Service Commission is not, iners appointed pursuant to section 6 procedures which were in effect on No­ however. discretionary with the Com­ are to examine applicants to determine vember 1, 1964. Section 5 permits a mission. Following a section 6 certifica­ their qualifications for voting at such State or political subdivision to enforce tion by the Attorney General, the Com­ places as the Civil Service Commission new requirements only if it submits the mission has a ministerial duty to ap­ shall designate. This subsection re­ new requirements to the Attorney Gen­ point an appropriate number of exam­ quires the applicant to allege in his ap­ eral and the Attorney General does not iners. plication that he is not otherwise reg­ interpose objections within 60 days Examiners are to be appointed by the istered to vote and that he has been de­ thereafter. Civil Service Commission in areas which prived of the right to register or vote If the new qualifications are not sub­ fall within the scope of section 4(b) after on account of race or color. A person mitted to the Attorney General, or if the Attorney General makes one of two may be "deprived of the right to regis­ they are submiitted and he interposes possible certifications. · ter or vote on account of race or color" an objection, then the State or subdivi­ First, the Attorney General may cer­ not only when his registration applica­ sion will not be able to enforce the new tify that he has received 20 or more meri­ tion is rejected, or when he is turned requirements without obtaining a ju­ torious complaints of voting discrimina­ away from the polls but also when de­ dicial determination that such new quali.;. tion from residents of a political lay, unavailability of registrars, or some fl.cations or procedures do not have the subdivision which falls within the scope similar difficulty deprives him of an ef­ purpose "or" will not have the effect of of section 4(b). The Attorney General's fective opportunity to register or vote. denying or abridging rights guaranteed determination that the complaints are The Attorney General in his discretion by the 15th amendment. Although the meritorious may n6t be reviewed by the may require the applicant further to al­ word "or", which frequently has a dis­ courts. · lege that, within 90 days preceding his junctive meaning, is used, it is intended In the alternative, the Attorney Gen­ application he has been denied under that the petitioning State or subdivision eral may certify that in his judgment the color of law the opportunity to register must prove an absence of both discrim­ appointment of examiners in a subdivi­ or to vote or has been found not qualified inatory purpose and effect. Any such sion within the scope of section 4(b) is to vote by a person acting under color action must be brought in a three-judge necessary to enforce the 15th amend­ of law. District Court for the District of Colum.,. ment. A provision has been added by the Subsection 7 (b) provides that the ex­ bia. Direct appeal lies ·to the Supreme Judiciary Committee to the bill as in­ aminer is to place on a list of eligible Court of the United States. troduced, directing that in making this voters any person whom he finds, in ac­ Neither the Attorney General's failure determination, the Attorney General is cordance with instructions received to interpose an objection nor the entry to consider, among other things, whether under subsection 8(b), to have the quali­ of a declaratory judgment under this the ratio of nonwhite registered persons section will bar any subsequent action to to white registered persons in the sub­ fications prescribed by State law not in­ consistent with the Constitution and laws enjoin the enforcement of a new voting division appears to him to be fairly at­ of the United States. This latter pro­ qualification, or procedure whose purpose tributable to violations of the 15th is to prohibit the franchise. amendment, a determination he is par­ vision was inserted by the Judiciary ticularly well -suited to make due to the Committee to spell out specifically that ELIMINATION OF POCKETS OF DISCRIMINATION 'broad knowledge of the Department of while State law is to govern, this means Section 3 provides a means of dealing Justice of the history and scope of racial only such State laws as are not incon­ with a violation of the 15th amend­ discrimination in voting. Under express sistent with Federal law, including this ment wherever it may occur throughout language in subsection 4(b), section 6, act. Subsection 7 (b) also specifies ·the the United States. The crucial feature determinations and certifications of the times for transmitting and certifying the of this provision is that it will not affect Attorney General are final and unre­ lists of eligible voters to the offices of the registration or voting procedures in any ·viewable by the courts. -appropriate election officia1s, w1th copies area unless and until there has been a Section 6 also authorizes the Civil to the Attorney General· and the attorney judicial proceeding in which racial dis­ Service Commission to appoint more than general of the State, as well as the times crimination is proved, at least sufficiently one examiner for each subdivision with when the list is· to be made available for to warrant interlocutory relief. The use respect to which certifications have been public inspection. . in the State or political subdivision of made if this is deemed necessary. To This· subsection expressly confers a -a "test" or "device," as defined in sec­ the extent the Civil Service ·commission Federal right to vote on any person tion 4(c), must be suspended by the court thinks it practicable, the examiners are whose name appears on a list transmitted in such subdivisions as is deemed ap­ to be residents of the State in which they by a Federal examiner to appropriate propriate and for so · long as is deemed will serve, but not necessarily residents election officials-at least 45 days prior to necessary, upon proof that any citizen of the subdivision. However, the Com­ ah election. Such transmittal can be has been deprived of his right to vote mission is free to appoint examiners accomplished by · depositing the list in on account of race or color by means from other States arid should do so when, the mail on.or before the 45th day. Any of such a test or device. The section in its judgment, impartial persons. can­ person whose name appears on such a also provides for the appointment of not be found to do the job or where such list mu~t be allowed to vote_unless his examinei:s and the "freezing" of voting April 23, 1965 CONGRESSIONAL RECORD - SENATE 8369 qualifications and procedures in appro­ decision declaring a person's entitlement CONCLUSION priate circumstances. But it is impor­ to vote. In conclusion, this review of its key tant to note that this section does not SANCTIONS provisions shows that S. 1564 is a prac­ limit in any way the provisions of sec­ The statute is to be entorced by the tical and effective answer to the problem tion 4 or the appointment of examiners Attorney General by civil proceedings of racial discrimination in voting. And, under section 6 (b) . for injunctive or other appropriate in view of the circumstances which pro­ ABOLITION OF THE POLL TAX equitable relief or by criminal prosecu­ duced it, the bill is, in my judgment, a Section 9 abolishes poll taxes by pro­ restrained and completely appropriate tions, or both. congressional response to a national viding that no State or political sub­ Subsection 12 (a) provides for the im­ need. The bill should be enacted with­ division shall deny any person the right position of criminal penalties for "will­ to register or vote because of his failure fully and knowingly" depriving or at­ out delay. to pay a poll tax or any other payment tempting to deprive other persons of as a precondition of registration or vot­ rights secured by certain enumerated UNFAffi TREATMENT RECEIVED BY ing. The bill as introduced originally sections of the act or for "willfully and OTTO OTEPKA dealt with poll taxes in subsection 5(e). knowingly" violating section 11. The Mr. MILLER. Mr. President, on sev­ That provision provided that a person phrase "willfully and knowingly" was in­ eral occasions, I have called attention to could not be denied the right to vote if he serted by the Judiciary Committee to the unfair treatment the career civil tendered payment of his current poll make it clear that no criminal violation servant Mr. Otto Otepka has received at tax to an examiner, whether or not such is involved where a person acts with due the hands of the State Department. tender was timely or adequate under care and without knowledge of the rele­ Here is a civil service employee who State law. The effect of this provision vant facts. To put it another way, ac­ began his Government service in 1934 was to waive payment of poll taxes for tion or inaction which deprives others and who started working at a high level the years prior to the one in which the of rights secured by the act but which is in the State Department in 1953. He re­ applicant sought to make payment to done or omitted inadvertently is not a ceived the highest ratings possible, and an examiner. Under former section basis for prosecution. This language was given the Meritorious Service Award 5(e) examiners were required to trans­ was not intended to require a showing of by the late Secretary of State, John Fos­ mit such current poll tax payments to any specific intent similar, for example, ter Dulles, in 1958. the appropriate State or local officials. to that presently required under judicial Then, when Mr. Otepka cooperated In my judgment, Mr. President, and constructions of 18 U.S.C. 242. The with the Senate Internal Security Sub­ in the opinion which was shared by a same language was inserted by the com­ committee and provided information, as majority of the members of the Judiciary mittee in section 12 (c) for the same he testified under oath, showing the Committee, the bill as introduced did not reason. laxity which had occurred in security go far enough in dealing with the poll Subsection 12(d) provides for a civil clearance matters in the Department, he tax. We were and are convinced that all action by the Attorney General for pre­ was removed from his security work and poll tax requirements can and should ventive relief whenever he has reason­ given a make-work Job pending a long be abolished by the exercise of the power able grounds to believe that any person and drawn out hearing procedure and in­ of Congress to enact appropriate legis­ is about to engage in any act or practice vestigation undertaken by the Depart­ lation to enforce not only the 15th but prohibited by certain enumerated sec­ ment. also 14th amendment. tions of the act. The court may issue I have called attention to the Depart­ The distinguished junior Senator from appropriate orders including an order ment's transfers of personnel who the State of Massachusetts [Mr. KEN­ directed to a State and State or local shared Mr. Otepka's concern over se­ NEDY] made a very masterful defense of election officials requiring them to per­ curity procedures-this apparently in re­ the constitutionality of the poll tax mit persons listed under the act to vote taliation for their sympathy with Mr. amendment on the floor of the Senate and to count their votes. These exam­ Otepka. last Friday. I do not believe that there ples of orders that may be cUrected Now it appears that further retaliation is any need to repeat what he has already against a State or against election against Mr. Otepka himself is to take so well stated. officials are not intended to be exclusive. place. He recently received notice that CHALLENGE PROCEDURE One of the most important sanctions an automatic in-grade promotion, which Subsection 8(a) provides for challenges is contained in subsection 12(e). This would amount to $570 per year, sched­ to listings on the Federal examiners' eli­ subsection provides in certain circum­ uled for June 6, will not be granted him gibility lists and sets forth the procedure stances for the judicial suspension of because, so they say, he has not been to be followed in making such a chal­ election results unless and until persons performing up to standards required of lenge. This subsection provides that· a who have been listed by a Federal ex­ his job. , · hearing officer appointed by and respon­ aminer have been allowed to vote and The peculiar thing about this notice sible to the Civil Service Commission their votes have been counted. Subsec­ is that, according tq my information, shall hear and determine such challenges. tion 12 (e) provides that, in political sub­ there ~ have been no ·job description Challenges must be filed in an office with­ divisions for which an examiner has been standards published for this make-work in the State designated by the Civil appointed, if any person alleges to the job to which he has been assigned .for the Service Commission within 10 days after examiner within 24 hours after the polls past 2 years. How, it may be asked, can the listing . of the challenged person is close that he has not been permitted some administrative official in the State made available to public inspection and to vote, that he has been listed under Department say that Mr. Otepka has not must be supported by affidavits of at the act or registered by appropriate been performing up to standards when least two persons having personal knowl­ State officials, and that he is presently there are no standards? · edge of the facts constituting grounds eligible to vote, the examiner must im:.. Mr. Opteka's outstanding record of for the challenge. A copy of the chal­ mediately notify the U.S. attorney for service, his superior performance rat­ lenge and affidavits must be served up­ the judicial · district, if the allegations ings, and nis Meritorious Service Award on the person challenged. appear "to the examiner to be . well constitute powerful evidence indicat­ founded. Upon receipt of such notifi­ ing that someone in the Department is The decision of the hearing officer on cation, the U.S. attorney may, within 72 not playing fair with this man. All of the challenge may be appealed to the hours after the closing of the polls, apply us know how easy it is to hide prejudice court of appeals for the circuit in which to the Federal district court for an of an administrative officer under the the person challenged resides within ·15 order requiring the casting or count­ cloak of "not performing up to stand­ days after the person appealing has been ing of the votes of the complainants ards" even where there are standards served with the decision. The hearing and the inclusion of their votes in the set forth in a job description. But officer's decision on the facts, however, total vote before the results of the where there are no job description may not be overturned unless it is clear­ election may be, given effect. The dis­ standards, it is even easier to try to ly erroneous and the person listed is en­ trict court is required to hold a hearing cover up the prejudice. titled to vote pending the outcome of - and determine · the issues immediately I have said before, and I say again, the challenge on appeal. No court or after the U.S. attorney's application is all of this is bound to result in contin­ judge may issue a stay of an examiner's filed. ued suspicion on the part of many people 8370 CONGRESSIONAL RECORD--SENATE April 23, 1965 that the security procedures in the State James L. Cropper Earl A. Boles Donald J. Bowers David A. Carter Department have been lax; and ,that Newton P. Caddell, Jr. James M. Mauldin Henry G. Jett Forrest W. Peil someone has been trying to cover this Louis L. Bayers John H. Bunting Gerald W. Hayes Beecher D. Rapp Randall H. Spooner John H. Westbury Robert L. Perkins Preston Mason up. We have, I know, received assur­ Harold W . Collins Gustave F. Scholtz Lee Bradford, Jr. Hassen S. Salem, Jr. ance that the security procedures now Herbert L. Gorfion Harold R. Dycus Eugene R. Lytton Robert A. Bhend, Jr. ·are proper; but that does not satisfy the Raymond L. Williams Melvin E . Ginn William B. Clark Lowell W. Waplehorst question of what has occurred previ­ James R . Kane Charles W . Grlffiths Howard M. Seaton Stephen Sperlak ously. The people want to be satisfied Thomas J. Hushion Charles E. Bunkley George W . Todd Harold V. Smith on that point, and if some State Depart­ Charles E. Holden Eugene L. Murphy Anthony Simoncini ment officials hav,e been lax, they ought The following named persons to be' per­ William C. Cumming Louis De Jessie to be fired and not just permitted to manent commissioned warrant officers in John W. Collins Paul B. Robertson gracefully resign, keeping all of the the Coast Guard in the grade of chief war­ Arthur R. Whittum Robert L. Southern rant officer, W-3: Ralph M. Dobson John F . Bresnehan benefits which resignation permits and Robert E. Jefferson Robert A. Fleming firing does-not permit. Raymond H. Mathison Richard E. Simpson Roger J. Conard Frederic G. Cook Whoever in the State Department John V. A. Thompson Edward D. Phelps Gary R. Klinkman Carlton P. Smith Frank E. Braman Raymond E. Aholt Stanley W. Haney Hugh D. Dasher, Jr. made the decision to reassign Mr. Otepka Richard Meagher Harlan Kaley and then to compound the action by Merrie! A. Smith Richard B. Lewis William C. Bart Alfred R. Kolar· Victor L. Popplewell Robert E. Halstead passing him over for a $570 per year Giles·M. Bailey, Jr. Eddie Brophy George H. Yarrington Edward L. Amos automatic in-grade promotion has exer­ John S. Kennedy Robert H. Neuman Lynald "W" Hendricks Robert E. Mustard cised very poor judgment if his ob­ Clifford R. Wattam, Clifford A. Gustavson Ellis W. Grimes Frank A. Christoph jective is to improve the Department's Jr. Richard M. Eberhardt David E. Ford Louis R. Stowe public relations. This is the poorest Leo L. Richmond Charles R. Hug Larry B. Brown William G. Wohlfarth time that could have been selected to Melvin D. Mabry Harold C. Harris William J . Gesser Norman B . Bourque Dale E. Strohecker Constantine J. Ralph Dennis Forrest D. Fesler cause a weakening in the public trust Braxton B. Bell Kosloski and confidence, and I hope that we may George R. Thomas Howard E. Wales Charles A. Thornton Gordon L. Anderson Robert D. Fiester Howard A. Hirst soon be told that the officer who made Robert F. Stager William F. Mueller Floyd H. McGowan Frank M. Alonzo such a blunder has left the Department. Harold C. Wadey Johnnie Broussard Rodger G . Biehl Leroy J. Rathbun John W . Parker Frank J. Miller, Jr. Douglas J . Hymers Charles A. Lummus Edwin M. Smithers Harry S. Huggins Joseph R. Levesque James V. Simons ADJOURNMENT UNTIL MONDAY Horace F. Stephens Raymond Teichrow Delbert F. Gustafson Harrold M. Cooke Tugg P. Heimerl William W. Cloer Billy G. Bailey William Chestnutt . Mr. TYDINGS. Mr. President, I Michael Baron, Jr. Harold L. Brackett, Jr . . move, pursuant to the order previously Jackie S. Thornhill Isaac W. Lance IN THE NAVY entered, that the Senate adjourn until Laurence R. Fillinger Patrick J. Mahon Vice Adm. Harold T. Deutermann, U.S. Monday next at noon. Charles A. Lester Richard Dickinson Navy, when retired, f_or appointment to the The motion was agreed to; and

Richard E. Carlburg Robert V. Golling John Kiselyk Thomas A. Murawski Bobby J. Shannon , Thomas A. Treadon Stephen D. Sheehan Martin B. Treuhaft Steven S. Carter Thomas 1W. Gorge,s James R. Klein ,.. Dennis P. Murphy Bennie H . Castro Samuel B. Graves ·, Rickell D. Knoll John T. Murphy, Jr. Harvey W. C. Shelton James D. Turinetti III William H. Cathey Timothy J. -:_Graves Joseph A. Koenig Ronald W. Murray ' Donald J . Shinafelt Armond A. Turner Raymond Chojnacki Victor W. Grazier·1 '· Joseph R. Kolek, Jr. Mark H. Mutchler Michael C. Short Larry M. Twitchell Michael F. Chorvat Bradford C. Grems Norman L. KomnicJ:t James D. Mynar Richard W. Shuey Richard L. Umbarger Kenneth H . Clark II III Eugene Korotky Dennis M. Nagy John Sidor, Jr. Dennis E. Valentine Gary A. Close Alfred W . Grieshaber, Thomas E. Koss Allen F. Natella Lance P. Sijan Jeffrey H. Valentine John E . Coblentz Jr. . Kenneth E. Krause James C. Navarra Gary H. Silence Jeffrey F . Vendetti James G . Codling John R. Gritsavage Michael d. Krause Donald E. Neireiter Jeffrey D. Silliman Malcolm E. Verdict William L. Cole Stephen R. · Grohs ' Leonard R. Kruczyn- Curtis D. Nelson Richard E. Siner James L. Vick Charles B. Coleman John B. Gross ski James V. Newendorp Julius A. Small John M. Vickery III Bruce D. Grossetta James P. LaBounty, George W. Nicholas Dennis A. Smith William T. Vinson William L. Coleman Willard Grosvenor Jr. Terry L. Nicholas Joseph C. H. Smith John D. Vrettos Charles T. C. ComptonMarvin w. GuthrJ.e; Kary R. LaFors Christopher G. Nied Lester E. Smith Roger M. Vrooman John C. Conn, Jr. Jr. Robert G. Lambert William C. Nielsen, Jr. Michael D . Smith Brian E. Wages David M. Connaughtoncharles D. Haas William M. Landes I Michael P. Nolan Rocky 0. Smith John C. Wagner Sidney A. Cook John J. Haas III Robert W. Langley David L. Nolting Victor A. Smith William F. Wall David R. Cooper Harley B. Hackett III Robert A. Larsen -Tad J. Oelstrom Wayne O. Smith Bruce A. Wallace John W. Corman Robert P. Raffa, Jr. · Stephen H. Lawrenc~ I James R. Oliver. Edward C. Sois,tman,Steven E. E. Wallach John C. Cowan John M. Haggerty James G. Lawson Richard C. Oliver Jr. Robert E. Walsh Barry L. Cox L. Kirk Hall Joseph A. LeM1re Richard E. Olsen Robert S. Sonier Jerry T. Walton Fred J. Cox III Henry G. Hamby III Bruce G. Leonard, Jr. Theodore E. Olson James W. Soulek John A. Warden III Harvey B . Cox III Albert T. Hamilton Eric L. Lindemann James L. Ough Charles W. Specht Gray D. Warren ~ax A. Creamer Robert L. Hanley Charles B . Lingam- ' Jesse·U. Overall IV James E. Spittler, Jr. Robert K. Waterman James A. Crew Brendan A. Hanniffy , felter II Thomas A. Owens John R . Stephenson Craig K. Waterstraat Stephen P. Cronen- Don R. Hanson Gerald R. Linn Roland J. Page George A. Stetz Barry D. Watts wett ' ' · Eric A. Ham.ishek James C. Lipham, Jr . . Robert K. Panke Lawrence A. Stone William T. Wayne Lorenzo M. Crowell, Wendell J. Harkleroad William H. Little,__ Jr. Phil_ip M. Parker, Jr. Neil H . Stone Edward E. Webber, Jr. Jr. William H . Hartis Marvin R. Loper , Jock P. Patterson Kenny W. Sublett William J. Weida Christopher C. CurrieHarry ·c. Harrison James!,.. Lotteri Robert L. }>enry Peter L. Supp Douglas T. Weidner Thomas C. Daffron William R. Harwood, John J. Love tu ·. Wllliam L. Pepper Roy N. Suzuki ~ Timothy T. Wheeler - Charles W. Dahlberg Jr. Albin E. Lucki ,~• ~aymond P. Perkowski Robert S. Sv.ob, Jr. John F. White II Anderson E. Ha tfleld Lynw,ooq .,H. L'!eb,SeJJ Japies M. Perry , James F. Swallow III Michael B. White Robert D. Davenport III Lionel H. Luxich, Jr. Peter G. Pfendler John T. Swan Michael A. Whitehorn Robert R. Davies Carl M. Hatlelid Carl V. Lyday . J\,iioh~el A. Phillips Allan R. Sweeny Robert C. Wilburn Joseph P. Davis Robert K. Heaton Michael ;r. Lynch , rr T)lomas D. Pilsch . Wijliam A. Swick IH ;Fletcher H. Wiley Ralph S. Davis, Jr. Joseph M. Henderson, Theodore J. Lynn, Jr. James R. Piper, Jr.,) John C. Tait Paul L. Wilke Frederick J. DeGroot Jr. Glen!! M. M;acDonaltj. Thomas H. Plank Donald R. Talbott ,, Jerome S. Wilkowski , Walter E. Deacon II Stephen Henderson ~ Paul D. MacP~Vw'.:ell , : Bentley V. Plummer , John s. Talley Charles H. Williams Gerald P. J. DeMockoJames F. Henkelma:qn Wllliam E. Malerba Michael R. Polich John W. Tankersley James S . Wilson Richard M. Dewing William c. Harrick . William N. Mangan Loren R. Pool Michael F . Tedesco Bruce A. Witty David A. Dick Peter D. Hesford , ._. Michael f. Manley • William A. Powers Jude H. Terhall Curtis L. Wolfe Paul B . Dickey · John A. Hewitt, Ji'. · Charles A. Marks Gerald E . Preston Charles A. Thomas Timothy R. Wolte Steven K. Dingman James D. High • •· Randolph M. Martin Charles E. Price James L. Thomas Charles P. Wood, Jr. We'sley B. Dixon Howard J.r Hill I Michael J. Mason Robert H. Price, Jr. Paul R. Thomas James W. Wood Harry T. Doerer Merrill C. Hiscock • . • Garey T .1Matsuyama Gene T. Puhl Howard C. Thompson Wendell B. Wood r Myron L. _Donald Willard E. Hobbs, Jr. ThomasrT. Maxwell John S. Puster Jack E. Thompson · Grady A. Wright Donald M. Douglas G~rald w. Hodgson Kenneth E. McAlear John M. Raby Thomas N. Thompson George 0. Young III · Wllliam G. Douglas , Stephen D. Hoffman Roger McAniff John T. Rademacher Robert R. Tindall Robert G. Zepecki Terrance M. Drabant 'Alva B. Holaday James E. Mc'Ardle, Jr: Orvin H. Rimlo, Jr. Gary W. Titmas Edwin T. Zimny, J_r. Edward A. Duff Robert R. Holder Francis X. Mccann Larry I. Rank Zoltan J. Tober, J;r. Richard A. Zucker Stewart S. Duncan David M.' Holdren Robert B. Mccollough William B. Raspotnik' John B. Torsey 1 George H. Dunkel- · Dennis R. Hollars Timothy F. McConnellLeon' L. Rausch The following cadets, U.S. Air Force Acad­ berg, J.r. L'ee E. Hollingsworth James C. McCracken, David H . Rawlins emy, for appointment in the Regular Alf David L. Dye Daniel R. J. Holoviak Jr. , Paul D . Ra~ond 1 Forc·e, th the graqe of second lieutenant, ,ef­ James C. Edwards James M. Hopkins Lawrence L. • Frank L. Reid fective upon their graduation, 'under th~ Jerry L. Elder Earl P. Hopper, Jr. McCracken Errol G. Reiner provisions of section 8284, title 10, United William R. Kenneth R. Hough Michael W. McCroskeyPhillip A.· Richardson States Code, with a view to designation un­ Engebretson John R. Howard Patrick J. McDaniel · David M. Richey der the provisions of section 8067, title 10, Guy G. Engler Gerald D. Huff William E. McDermottRichard' J. Robbins United States Code, to perform the duties of Brian E. Esterby Bruce V. Huneke James P. McGorry Ross M. Roberts medical service officers. Date of rank to be Howell M. Estes III Wilbur· J. Hunt Douglas A. McGrath William A. Roberts determined. by the Secreta,ry of the Air Force: Steven A. Eszenyi Richard C. Husemann Peter T. Mcinerney, Clinton B. Robertson J.ohn R. Buscher Lowell A. Schuknecht, Douglas M. Fain Robert W. Hutter Jr. ' Garr.E, Robison I ' Craig L. McKinney James T. Robison, Jr. John R. Mootz Jr. Edward P. Farrell Steven E. Icard! Eric B. Zurbrugg Lawrence P. Farrell, i}lphonse Iudicello George H. McKinney, Harry E. Rodman, Jr. Jr. Neil A. Jacobs Jr. r Donald W : Rogers · Tqe following cadets, U.S. Milit1:1,ry Acad­ Edward A. Faust! Alfred R. Jacox, Jr. William C. McLeod II Wayne R. Rogers emy, for appointment in the Regular Air Peter F. Fazio Charles F. Johnson , Joseph V. McNabb, Jr. Reuel Y. RQlston Fo ce, in the grade of second lieutenant, Jackson R. Ferguson.Elmer P. Johnson, James D. Meiggs Howard C. Rose, Jr. effective upon their "graduation, under 'the Jr. ;Keith A. Johnson Robert J. Mefaen- • Perry T. Rose provisions of section 8284, title 10, United Daniel K. Fetzer Mark A. Johnson helder II Albert A. Rowe States Code. Date of rank to be determineq WUliam S. Finch Theodore w. Johnson Steven B. Melnick Harold L. Rust by the Secretary of the Air Force: , Ronald R. Flake Robert F . Jones ' Douglas M. Melson Johµ D. Ryan, Jr. Edward T. Meschko Michael E. Ryan Ralph W. Adams, Jr. Donald C. Exelby Robert Y. Foerster William K. Jones Edwin L. Armstrong William J. Fields Joseph L. Forinash, Edward P. Jordan Jo.hn H. Metz Charl~ w. Ryers~n Ronald F. Miazga Marc L. Sabin , Robert L. Bedetl Ernest G . Forrest III Jr. Stanley K. Jordan John A. Bell Robert F. Fritz, Jr. ' William B. Fortney J<;>hn A. Judd Preben R. Miller, Jr. Qp.arles A. Saletta, Jr. Gary F. Mills ' . Larry K. Sanborn William J. Bradbur"n Thomas C. Genoni Roy A. Fricke John A. Justice , 1 Gerald A. Buckosky Douglas K. Gentzkow ' Peter s. Miner I William A. Sanches I Ronald G. Gados James L. Kaltenbach Thomas M. Bumpass, ;Hershall D. Hall Earles. Monroe' Van C. Sanders, Jr. Charles B. GannawayMichael J. Keefe ' Jr. James H. Hall , , John T. Garner George R . Kellei: Ira J. Moore,•Jr. Dennis·G . Scarborough Robert M. Carini William T. Heller Victor L. Genez John J. Kelly, Jr. Patr(ck C. Moore Scott A. Schafer · Milburn K. Concan- Kenneth E. Hjelm Thomas E. Gibbs, Jr.Robert G. Kemniere"t William T. Morgan Terry L. Schilling non, Jr. . Robert W. Huffhines, Robert B. Giffen III , William S. Morris Richard T. Schlosberg Eric T. DeJonckheere, Jr. Darrell D. Giffin William F. Kemp William J. Morrison III Jr. Jack M . Jannarone Donald F. Giglio William J. Kennedy Roger W. Morte1:1sen Jeffrey P. Schmidt Dominic A. DeSantis, Thomas H. Johnson Gil L. Glllespie Gerald L. Keyser, Jr. Boyd P. Mossman LeRoy B. Schroeder Jr. Robert C. Jones Robert F. Golden Roy R. Kilgore Anthony E. Mras .John G. Sellers Glenn R. Doughty, Jr. Nathan Kantor Brian E. Goldner Robert K. Kirch Michael D. Muldoon James C. Selser III Jeroq:ie P. ~our, i]r_. Thomas J. Kelly , 1 I J 8372 CONGRESSIONAL RECORD - HOUSE April .~6, 1965 Albert E. Knauf, Jr. Anthony P . Pyrz His sacrifice, that we may live freely the Consent Calendar and the Private John W. Koletty Thomas A. Ridenour with joy and happiness amidst all the Calendar will be called today. Joseph P . Kosciusko Dennis J . Sellers glories of Thy creation. Amen. Richard E. Kramer Dennis A. Shantz The Clerk will call the first bill on the David B. Kuhn, Jr. Charles F. Shaw, Jr. Consent Calendar. Richard A. Leary Thomas R. Sheckells Anthony G. Livic Michael T. Shulick THE JOURNAL Gordon A. Long Grover C. Starling The Journal of the proceedings of SECTION 502 OF THE MERCHANT John A. Madia Jerry R. Stockton Thursday, April 22, 1965, was read and MARINE ACT David V. Mastran Francis P . Tantalo approved. Walter H. Oehrlein Thomas D. Thompson The Clerk called the bill (H.R. 4346) Richard M . Osgood, Terrence R. Tutchings to amend section 502 of the Merchant Jr. James R. Webb III MESSAGE FROM THE PRESIDENT Marine Act, 1936, relating to construc­ Karl J . Plotkin Richard G. Wirth tion differential subsidies. Frank J . Prokop Adolf H. Zabka A message in writing from the Presi­ The SPEAKER. Is there objection to Richard E. Pullen Andrew A. Zaleski II dent of the United States was communi­ the present consideration of the bill? The following midshipmen, U.S. Naval cated to the House by Mr. Geisler, one Mr. GROSS. Mr. Speaker, reserving Academy, for appointment in the Regular of his secretaries, who also informed the the right to object, I would like to ask Air Force, in the grade of second lieutenant, House that on the following dates the someone how much longer it is antici­ effective upon their graduation, under the President approved and signed bills of pated it will be necessary to pay a 60- provisions of section 8284, title 10, United . the House of the following titles: percent subsidy for the construction of States Code. Date of rank to be determined On April 11, 1965: by the Secretary of the Air Force: passenger vessels and 55-percent sub­ H.R. 2362. An act to strengthen and im­ sidies for the construction of freight and Richard D. Bayer . Boyd K. Knowles prove, educational quality and educational Robert F. Cook Thomas 0. Koch opportunities in the Nation's elementary and other vessels. Robert D. Hennessy Bernd McConnell secondary schools. Mr. BONNER. Mr. Speaker, let me Jan M. Jobanek Nicholas A. Paldino On April 16, 1965: say as chairman of the Committee on Henry B. Keese Furman E. Thomas H .R. 5721. An act to amend the Agricul­ Merchant Marine and Fisheries that the tural Adjustment Act of 1938, as amended, gentleman raises a very good question. to provide for acreage-poundage marketing If we are going to have an American quotas for tobacco, to amend the tobacco merchant marine, we are going to have HOUSE OF.REPRESENTATIVES price support provisions of the Agricultural to subsidize the construction of vessels Act of 1949, as amended, and for other and the operation of American-flag ves­ MONDAY, APRIL 26, 1965 purposes. On April 20, 1965: sels. So you can take your choice. We The House met at 12 o'clock noon. H.R. 4527. An act to authorize appropria­ recently held hearings and were advised Archbishop Hrant Katchadoorian, tions for procurement of vessels and aircraft by high officials of the Navy that the prelate of Armenians of North America, and construction of shore and offshore es­ American merchant marine was essen­ offered the following prayer: tablishments for the Coast Guard. tial to the operation of the national de­ fense. This bill is a continuation of the In the name of the Father, and of existing law. It extends it for 1 year. the Son, and of the Holy Spirit. Amen. MESSAGE FROM THE SENATE It is just that plain, I say to my fine Almighty God, divine Guide of all na­ A message from the Senate by Mr. friend; we are going to have to have this tions and people, direct us along the path Arrington, one of its clerks, announced or we are just not going to construct any of justice and honor in the conduct of that the Senate had passed a bill of the more vessels. our daily affairs. Shower Thy blessings following title, in which the concurrence Mr. GROSS. Would the distinguished on this noble Nation so that it may con­ of the House is requested: · gentleman from North Carolina be able tinue to shine with a warm brilliance S. 327. An act to provide assistance· to the to give us any assurance that these sub­ amidst the darkening clouds of tyranny States of Oregon, Washington, California, sidies can be reduced in the foreseeable and oppression. Give of Thy eternal and Idaho for the reconstruction of areas future or must they continue at the high wisdom to the several Members of this damaged by recent floods and high waters. rate of 55 and 60 percent? august body, that they may be inspired The message also announced that the Mr. BONNER. There is a matter of toward a greatness of purpose, that they accelerating costs under the situations may be ennobled in the urgent search for Senate disagrees to the amendments of the House to the joint resolution (S.J. that now exist. The gentleman knows peace, freedom, and justice for all of what those costs are due to. mankind. Res. 1) entitled "Joint resolution propos­ ing an amendment to the Constitution of Mr. GROSS. In other words, if infla­ In particular, we beseech Thee, O God, tion continues in this country-- to be mindful of the Armenian people the United States relating to succession to the Presidency and Vice-Presidency Mr. BONNER. I do not think it is who this year sorrowfully commemorate inflation so . much. I think it is the the 50th anniversary of the martyrdom and to cases where the President is un­ able to discharge the powers and duties manner in which they operate with re­ of one and a half million Armenians in spect to labor contracts. the Turkish massacres of 1915. Mindful of his office," requests a conference with of the teachings of Thy Son, our Lord, the House on the disagreeing votes of the Mr. GROSS. Of course, inflation and Jesus Christ, we ask not for retribution two Houses thereon, and appoints Mr. increasing costs enter into that. or vengeance but for repentance and BAYH, Mr. EASTLAND, Mr. ERVIN, Mr. Mr. BONNER. If you want to call that redemption. The Armenians have suf­ DIRKSEN, and Mr. HRUSKA to be the con­ inflation then, of course, that is your fered too long the pain of tyranny and ferees on the part of the Senate. privilege. I am not opposed to unionism, oppression. They, too, wish to share in but we do have a difficult time keeping Thy most precious gifts of liberty and our ships and our merchant marine COMMITTEE ON BANKING AND operating. We have difficulty on the justice. Their once joyous land, that CURRENCY nation of Christian warrors, O Lord, is shore side as well as the floating side. now but a barren wasteland of sad and Mr. ALBERT. Mr. Speaker, I ask So, I feel very much concerned about painful memories. Grant that they and unanimous consent that the Committee this. I know we must have these ships Thy other homeless children be soon on Banking and currency have permis­ and I know the position of the gentle­ given the hope and re~lity of freedom. sion to sit today while the House is in man from Iowa. We pray, Almighty God, that never session, during general debate. Mr. GROSS. One further question: again on this earth will the horror of The SPEAKER. Is there objection to Are the American shipyard owners genocide afflict any of Thy children. the request of the gentleman from Okla­ spending any money to modernize the Spare them, through Thy divine inter­ homa? shipyards of this country to meet the cession, the pain and grief which we try There was no objection. modernization and lower costs of foreign to forget but in our human weakness yards? cannot. Mr. BONNER. If the gentleman will Grant to all of the nations of the CONSENT CALENDAR yield further, I believe ,we have good family of mankind, the compassion and The SPEAKER. · Pursuant to the management in our American yards. I love which Thy Son offered to us through unanimous-consent request of April 14, believe they have modern equipment.