1961 CONGRESSIONAL RECORD - HOUSE 20471 ment will receive from Mr. Hamilton IN THE ARMY WITHDRAWAL guidance and direction of the highest The following-named officers for tempo­ Executive nomination withdrawn from degree. rary appointment in the Army of the United States to the grades indicated under the the Senate, September 20, 1961: provisions of title 10, United States Code, COMPTROLLER OF CURRENCY ADJOURNMENT sections 3442 and 3447: James J. Saxon, of Illinois, to be Comp-:: To be major generals troller of the Currency, which was sent to Mr. GORE. Mr. President, I move the Senate on September 20, 1961. that the Senate, under the previous or­ Brig. Gen. Carl Darnell, Jr., 019213, Army of the United States (colonel, U.S. Army). der, stand in adjournment until noon I a Brig. Gen. Joseph Edward Bastion, Jr., •• ...... tomorrow. 019162, Army of the United States (colonel, The motion was agreed to; and (at 6 U.S.Army). .HOUSE OF REPRESENTATIVES o'clock and 47 minutes p.m) the Senate Brig. Gen. Charles Frederick Leonard, Jr., adjourned, under the previous order, un­ 019829, Army of the United States (colonel, WEDNESDAY, SEPTEMBER 20, 1961 til tomorrow, Thursday, September 21, U.S. Army). 1961, at 12 o'clock meridian. Brig. Gen. Ashton Herbert Manhart, The House met at 12 o'clock noon. and 018773, U.S. Army. was called to order by the Speaker pro Brig. Gen. Howard William Doan, 020057, tempore. NOMINATIONS Medical Corps, ( colonel, Medical Corps, U.S. The Chaplain, Rev. Bernard Braskamp. Army). D.D., offered the following prayer: Executive nominations received by the Brig. Gen. Claire Elwood Hutchin, Jr., Senate September 20, 1961: 021092, Army of the United States (lieuten-· From the prophecy of Zechariah, 4: 6 : ant colonel, U.S. Army). U.S. CIRCUIT JUDGES Not by might, nor by power, but by My Brig. Gen. John Joseph Davis, 018530, U.S. Griffin B. Bell, of Georgi.a, to be U.S. cir­ spirit, saith the Lord of hosts. Army. Most merciful and gracious God, Thy cuit judge, fifth circuit, vice a new position. Brig. Gen. Autrey Joseph Maroun, 019865, Walter Pettus Gewin, of Alabama, to be Army of the United States ( colonel, U.S. presenc,e is our shield in the stillness of U.S. circuit judge for the fifth circuit, vice Army). the night and our strength in the strug­ a new position. Brig. Gen. Clifton Ferdinand von Kann, gles of each new day. U.S. A'ITORNEYS 021371, Army of the United States (lieuten­ Grant that in these times of anguish Robert c. Zampano of Connecticut to be ant colonel, U.S. Army}. and evil tidings we may hear and heed U.S. attorney for the district of Connecticut To be brigadier generals Thy voice speaking peace unto our souls for the term of 4 years, vice Harry W. Hult­ Col. Ben Sternberg, 021286, Army of the and emancipating us from all fear. gren, Jr. Mediate unto us Thy divine wisdom John M. Imel, of Oklahoma, to be U.S. United States (lieutenant colonel, U.S. attorney for the northern district of Okla­ Army}. which will enable us to see our tasks homa for the term of 4 years, vice Robert S. Col. David Bennett Parker, 020571, Army and obligations more clearly and dis­ Rizley, resigned. of the United States (lieutenant colonel, charge them more faithfully. U.S. Army}. COMPTROLLER OF CUSTOMS Create within the hearts of men and Col. Jaroslav Thayer Folda, Jr., 021193, nations a love for those fundamental Joseph A. Curnane, of Massachusetts, to Army of the United States (lieutenant colo­ be Comptroller of Customs with headquar­ nel, U.S. Army}. principles and common purposes which ters at Boston, Mass., vice Albert Cole, Col. William Raymond Peers, 021366, Army make for unity and good will. resigned. of the United States (lieutenant colonel, Hear us in the name of the Prince of U.S. Army}. Peace. Amen. COMPTROLLER OF THE CURRENCY Col. Seth Lathrop Weld, Jr., 019772, U.S. James J. Saxon, of Illinois, to be Comp­ Army. troller of the Currency. Col. William Welby Beverley, 021107, Army THE JOURNAL AGENCY FOR INTERNATIONAL DEVELOPMENT of the United States (lieutenant colonel, Fowler Hamilton, of Connecticut, to be U.S. Army} . . . The Journal of the proceedings of yes­ Administrator of the Agency for Interna­ Cql. Frank Alexander Osmanski, 019745, terday was read and approved. tional Development. U.S. Army. Col. Samuel Knox Eaton, 021132, Army IN THE NAVY of the United Sta.tes (lieutenant colonel, MESSAGE FROM THE SENATE Having been designated, under the provi­ U.S. Army). sions of title 10, United States Code, section Col. James Henry Lynch, 021237, Army of A message from the Senate by Mr. 5231, Rear Adm. William A. Schoech, U.S. the United States (lieutenant colonel, U.S. McGown, one of its clerks, announced Navy, for commands and other duties deter­ Army}. that the Senate had passed, with amend­ mined by the President to be within the con­ Col. John William Dobson, 021851, Army ments in which the concurrence of the templation of said section, for appointment of the United States (lieutenant colonel, House is requested, bills of the House of to the grade of vice admiral while so serving. U.S. Army}. the following titles: IN THE ARMY Col. Robert Howard York, 021341, Army of R.R. 4750. An act to amend section 6(a) The following-named officer under the the United States (lieutenant colonel, U.S. of the Virgin Islands Corporation Act; and provisions of title 10, United States Code, Army}. R.R. 8444. An act to amend the act of section 3066, to be assigned to a position of Col. Arthur Sylvester Collins, Jr., 021260, August 12, 1955, relating to elections in the importance and responsibility designated by Army of the United States (lieutenant colo­ District of Columbia. the President under subsection (a) of section nel, U.S. Army}. The message also announced that the 3066, in rank as follows: Col. Carl C. Turner, 031909, Army of the Senate had passed without amendment Lt. Gen. Paul DeWitt Adams, 017306, Army United States (lieutenant colonel, U.S. a joint resolution of the House· of the of the United States (major general, U.S. Army}. following title: Army) , in the rank of general. H.J. Res. 569. Joint resolution to waive IN THE AIR FORCE CONFIRMATIONS certain provisions of the Atomic Energy Act Maj. Gen. James Ferguson, 1530A, Regular of 1954 so as to permit the agreement for Air Force to be assigned to positions of im­ Executive nominations confirmed by - cooperation between the United States and portance and responsibility designated by the Senate September 20, 1961: France to be made immediately effective. the President in the rank of lieutenant gen­ eral, under the provisions of s.ection 8066, COMMISSIONER OF INDIAN AFFAIRS The message also announced that the title 10 of the United States Code. Philleo Nash, of Wisconsin, to be Commis­ Senate had passed bills of the following Col. Godfrey T. McHugh, 1257A, Regular sioner of Indian Affairs. titles, in which the concurrence of the Air Force,· for appointment to the tempo­ MISSISSIPPI RIVER COMMISSION House is requested: rary grade of brigadier general in the U.S. Harold T. Council, of Mississippi, to be S. 520. An act to authorize certain modifi­ Air Force under the provisions of chapter a member of the Mississippi River Commis­ cation of the existing project for the Kas­ 839, title 10 of the United States Code. sion. kaskia River, Ill., for navigation purposes; 20472 CONGRESSIONAL RECORD - HOUSE September 20 S. 2008. An act to amend the act of Sep­ arily reminded of his great, long, and bers. His encouragement has made the tember 16, 1959 (73 Stat. 561, 43 U.S.C. 615a), enduring devotion to the House of Rep­ road easier for each of us ·who first took relating to the construction, operation, and resentatives and the great influence he maintenance of the Spokane Valley project: the oath in January 1961. and has had upon the affairs of our Nation. It was, therefore, with gratification S. 2102. An act to redesignate the Jeffer­ Mr. Speaker, I feel sure that every that I filed House Resolution 393, which son Division of the Eastern District of Texas Member will take pride and satisfaction will authorize a place here on Capitol as the Marshall Division. in enthusiastically supporting this reso­ -Hill for the bust of JoE MARTIN, com­ lution and, at the same time, expressing missioned by the National Federation of The message also announced that the .in this way our thanks to these women Republican Women and executed by one Senate agrees to the report of the com­ of Massachusetts who have made the of the country's most noted sculptors, mittee of conference on the disagreeing bust possible. Suzanne Silvercruys Stevenson. I would votes of the two Houses on the amend­ Mr. SCHENCK. Mr. Speaker, I ask :like to take this opportunity to thank ments of the Senate to the bill (H.R. unanimous consent to extend my re­ 8302) entitled "An act making appropri­ the members of the national federation, marks at this point in the RECORD. through their able president, Mrs. J. D. ations for military construction for the The SPEAKER pro tempore. Is there Parks, of Colorado for their generosity Department of Defense for the fiscal objection to the request of the gentleman in honoring one of the great Americans year ending June 30, 1962, and for other from Ohio? purposes." of our century. There was no objection. Mr. W ALLHAUSER. Mr. Speaker, I Mr. SCHENCK. Mr. Speaker, this ask unanimous consent that the gentle­ THE CIVIL SERVICE RETIREMENT resolution authorizes the House to accept man from Massachusetts [Mr. BATES] ACT AMENDMENT CONFERENCE and to place in the rotunda of the Old may extend his remarks at this point REPORT House Office Building a bust of a former in the RECORD. Speaker of the House, our colleague and The SPEAKER pro tempore. Is there Mr. MURRAY submitted a confer­ friend, JoE MARTIN. This work is being objection to the request of the gentleman ence report and statement on the bill done at no cost to the Treasury or to from New Jersey? (S. 739) to amend the Civil Service the taxpayers. The bust is in process of There was no objection. Retirement Act, as amended, with re­ being made by a noted sculptress, Mr. BATES. Mr. Speaker, I wish to spect to the method of computing inter­ Suzanne Silvercruys Stevenson of North join with my colleagues in support of est earnings of special Treasury issues Windham, Conn., and is being financed this ·resolution. held by the civil service retirement and through subscriptions raised by the Na­ disability fund. Speaker JoE MARTIN is a great and tional Federation of Republican Women. distinguished American and this action When placed in the rotunda of the Old is most appropriate. Those of us who ACCEPTANCE OF BUST OF THE HON­ House Office Building, the bust will serve have had the great honor of knowing him ORABLE JOSEPH W. MARTIN, JR. as a reminder of the faithful and dis­ need no reminder of his place in history. tinguished service of a great American, This gesture is rather for those genera­ Mr. BURLESON. Mr. Speaker, I ask JoE MARTIN, who is serving his 19th tions yet unborn. It will reflect to them unanimous consent for the immediate term as a Member of the House. He an image of one of the few Americans consideration of House Resolution 393. was our Speaker in the 80th Congress, selected for the high honor of being The Clerk read the resolution as fol­ in the years 1947 and 1948; and again Speaker of the House of Representatives. lows: in the 83d Congress, in the years 1953 · I urge the passage of this measure. Resolved, That the House of Representa­ and 1954. With the exception of those Mr. CURTIS of Massachusetts. Mr. tives is authorized to accept, on behalf of two terms, he was our minority leader Speaker, I ask unanimous consent to and without cost to the United States, a from 1939 to 1959. He presided over five extend my remarks at this point in the suitable bust of the Honorable JosEPH W. Republican National Conventions, more MARTIN, JR., in honor of his distinguished RECORD . . service as a Representative from Massachu­ than any other man in history. The SPEAKER pro tempore. Is there setts and former Speaker of the House of But this is not to honor him for his objection to the request of the gentleman Representatives. Such bust when accepted service to the Republican Party. It is to from Massachusetts? shall be placed in the rotunda of the Old honor him for his devoted and dedicated There was no objection. House Office Building with appropriate service to the House -of Representatives Mr. CURTIS of Massachusetts. Mr. ceremonies. and to our country. Speaker, I support wholeheartedly the The SPEAKER pro tempore. Is there This resolution was introduced by one resolution honoring former Speaker Jo­ objection to the request of the- gentle­ of JoE MARTIN'S Massachusetts col­ SEPH w. MAR'l;'IN, JR., of Massachusetts. man from Texas? leagues, Mr. BRADFORD MORSE. I was The office of Speaker is near the top There was no objection. happy to support it in my ~ommittee among the highest ranking offices with­ Mr. BURLESON. Mr. Speaker, it and now in the House. in the gift of the people of America. gives me a great personal satisfaction to Mr. MORSE. Mr. Speaker, I ask Some would rank it third, and under present this resolution. unanimous consent to extend my re­ present law, the Speaker is third in line The Republican Women of Massachu­ marks at this point in the RECORD. of succession to the Presidency should setts who present the bust of our be­ The SPEAKER pro tempore. Is there both the President and the Vice Presi­ loved colleague and former Speaker, objection to the request of the geJ:ltleman dent be unavailable. JOSEPH w. MARTIN, JR., not only honor. from Massachusetts? Not only did Mr. MARTIN occupy the the distinguished former Speaker, but There was no objection. office of Speaker, but he occupied it with honor the House of Representatives and Mr. MORSE. Mr. Speaker, the House great distinction. The 80th Congress, in the U.S. Government in presenting it. of Representatives, in adopting House session 1947-48, over which Mr. MARTIN No man with whom many of us have Resolution 393 without a dissenting presided as Speaker, wrote a distin­ served in the Congress for a considerable voice, has made its respect and affection· guished record of accomplishment, .de­ number of years possesses and deserves for one of the Nation's great statesmen spite the fact that for political reasons a higher esteem and respect. a matter of record. this record was both unjustly attacked Speaker MARTIN holds an especial place Certainly no Member of this body is and insufficiently defended. for me in that he was Speaker in the held in higher esteem than former For Mr. MARTIN, the speakership was 80th Congress when I became a Member, Speaker JoE MARTIN. Certainly no man the culmination of a long and distin­ and only in subsequent years did I real­ is more worthy of the honors which his guished career in politics. Mr. MARTIN ize just how thoughtful, considerate and fellow citizens have bestowed upon him. served in the legislature of his State, as helpful he was in the early experiences Certainly no man ever wore the mantle well as in the Congress, was chairman of those of us who came at that time. · of greatness with greater modesty: of his party, and received the unprece­ It is indeed fitting that the bust pro­ In the 8½ months that I have been dented honor of being elected five times vided for in this resolution furnished by privileged to sit in this House, I have as the chairman of his party's national these loyal women of Massachusetts be become deeply indebted to JOE MARTIN . convention. placed in the rotunda of the House for the wise counsel that he has so will­ It is most fitting that this resolution Office Building, that we may be second- ingly shared with each of the new Mem- providing for the installation of a bust 1961 CONGRESSIONAL RECORD - HOUSE 20473 of Mr. MARTIN should be p~ed with ac- I have .long since learned there are The depressed areas bill; the increased clamation. . certain contests one does not engage in. and extension of minimum wage; im­ Mr. WALLHAUSER. - Mr. Speaker, I However, I do feel it is my duty .to call provements in the Social Security Act; ask unanimous consent that the gentle­ to your attention a photograph, and then foreign aid; highway financing; the om­ man from Massachusetts [Mr.· KEITH] ·ask you to be the judge, not on the basis nibus housing bill; all contribute to the may extend h1s remarks at this point ·of what I say, not on the basis of any­ progress of Massachusetts and its people. in the RECORD. tbing that appears in the Washington The hard work and success of the The SPEAKER pro tempore. I~ there Post, as to who is telling the truth. Massachusetts delegation in securing objection to the request of the gentle­ The Washington Post editorial states: the establishment of the Cape Cod Na­ man from New Jersey? Its very title contains a plain misstate­ tional Park will preserve a precious his­ There was no objection. ·ment of fact. Communists probably par­ torical and recreational area and will Mr. KEITH. Mr. Speaker, I, too, ticipated in the San Francisco disorder, attract tourists from all over the Nation would like to take time to pay tribute although the report merely asserts that they to our State. to the Honorable JOSEPH w. MARTIN, JR., did without proving it; but plainly the riot­ Insofar as we can anticipate develop­ of Massachusetts, and to compliment ing students were not led by Communists. ments in the 1962 session of the House, my colleagues in the House for their ac­ Mr. Speaker, here is a photograph it appears that medical aid to the aged tion in authorizing the display of a bust taken in the courtroom in San Fran­ and aid to education will be the prin­ of the distinguished former Speaker. cisco. The gentleman on the left is cipal accomplishments that wlll be of I have the honor of representing a Ralph Izard. He is one of the top Com­ substantial benefit to Massachusetts. district that borders on Mr. MARTIN'S. munists in California. He is the man The prestige of Massachusetts in Perhaps my deep feelings of respect and who was sent a large quantity of lit­ Washington, D.C. is reaching an all­ confidence in him spring partly from erature to be used during the riot. time high. In the person of President the fact that I can also claim him as at . The second man is Archie Brown, who Kennedy and House Majority Leader least a part-time constituent, for he has is leader of the Communist Party in McCORMACK-who is in line to become a summer home on Cape Cod in my dis­ ,California. Speaker-we will have Bay State men trict. This little girl is Sally Sweet. She is in the No. 1 and No. 3 positions of na­ JoE MARTIN has always symbolized the a Communist who is an expert on the tional leadership. best of what the people look for in a technique of rioting. In 1962 the interests of our Common­ public servant. He is honest with them The gentleman on the right, and I use wealth will have strong and able spokes­ and works hard in their behalf, for what that term advisedly, is Saul Wachter. men in the Congress and the White he, and they, know is best for the coun­ Saul is a well-known leader of the Com­ House. try. He has served his district, the munist Party, who was a delegate to the Commonwealth of Massachusetts, and Communist Party convention in New CALL OF THE HOUSE the Nation ably and with conviction York. and inspiration for more than a half He.re they are. I ask you, is this Mr. GROSS. Mr. Speaker, I make century. As permanent chairman of a distorted editorial or were these peo­ the point of order that a quorum is not :five national conventions, former Re­ ple actually at this disgraceful, disor­ present. publican leader and Speaker of the derly hearing of a committee of the U.S. The SPEAKER pro tempore. The House, as well as chairman of the Re­ Congress, or did they lead the disorderly Chair will count. publican National Committee, his record conduct? Evidently a quorum is not present. of service to his party has been un­ I ask you. Mr. ALBERT. Mr. Speaker, I move equaled. A political writer put it very a call of the House. aptly when he said that JoE MARTIN is The Clerk called the roll, and the fol­ the man "who brought fight and fire to THE CASE FOR MASSACHUSETTS IN lowing Members failed to answer to the GOP." Well, he has done this and ~heir names: more. GOOD HANDS-IN WASHINGTON, [Roll No. 217] I am particularly indebted to him for D.C. Anfuso Green, Oreg. Norrell his freely given and often sought ad- . Mr. LANE. Mr. Speaker, I ask unan­ Arends Griflln Nygaard Bass, Tenn. Hagan.Ga. O'Brien, N.Y. vice and counsel. It has been a great imous consent to address the House for Battin Hall Pelly source of encouragement for me, as well, 1 minute and to revise and extend my Bell Halpern Peterson I know, as for many other newer Mem- · remarks. Berry Harrison, Va. Pfost bers of Congress. Blatnik Harsha Pilcher The SPEAKER pro tempore. Is there Boggs Healey Pirnie I can think of no Member of this dis­ objection to the request of the gentleman Brewster Heberti Powell tinguished body I respect more or who from Massachusetts? Buckley Hoeven Rabaut is more deserving of the honor that has Byrnes, Wis, Holifield Rains There was no objection. Carey Holtzman Reuss been paid him. I know in this respect Mr. LANE. Mr. Spea~er, increased Cederberg Horan Riehlman I am speaking for a great many others. appropriations for defense rank first Celler Hosmer Roberts The resolution was agreed to. Chenoweth !chord, Mo. Rodino among the measures passed by the U.S. Church Joelson Roosevelt A motion to reconsider was laid on the Congress in 1961, that stimulate the Colmer Johnson, Wis. St. George table. economy of Massachusetts. Cook Jones, Ala. Santangelo Cooley Jones.Mo. Saund Government defense orders for mis­ Corman Karth Shelley COMMITI'EE ON UN-AMERICAN siles and electronic equipment are nour­ Dague Kee Short ishing a new growth industry for our Daniels Kilburn Siler ACTIVITIES Dent Kyl Smith,Iowa State; one that already provides tens of Diggs Laird Staggers Mr. WALTER. Mr. Speaker, I ask thousands of jobs, raises personal in­ Dooley Loser Stephens unanimous consent to address the House comes, trains people in technical skills, Dowdy McDonough Sullivan Downing Mcsween Teague, Calif. for 1 minute and to revise and extend and earns profits for economic expan- Durno Macdonald Teague, Tex. my remarks. sion. Evins MacGregor Thompson, La. The SPEAKER pro tempore. Is there The temporary extension of unem- Farbsteln Martin, Nebr. Toll to · Feighan May Van Pelt objection to the request of the gentleman ployment compensation, plus aid Flynt Michel Vinson from Pennsylvania? dependents, helped us out of the reces- Ford Miller, Weaver There was no objection. sion and into the present period of re;. Frazier George P. Weis Friedel Miller, N.Y. Westland Mr. WALTER. Mr. Speaker, on yes- covery. Garmatz Moeller Willis terday the distinguished gentleman from The water pollution aid bill will en­ Gavin Morrison Yates Michigan called to our attention an arti- courage communities along our contam­ Gilbert Moulder Younger cle that appeared in the Washington inated rivers to cooperate in ~leanup Gray Multer Zelenko Post concerning t~e printing of addi- . programs that will develop the use of The SPEAKER pro tempore. On this tional copies of a report of the Commit- our water resources in the public in- rollcall 315 Members have answered to t~e on un-American Activities. terest. their names, a quorum. CVII--1294 20474 CONGRESSIONAL RECORD - HOUSE September 20 By unanimous consent further pro­ "Director of the Peace Corps and delegation stances as the President may determine. In ceedings under the call were dispensed of functions the event of the volunteer's death during the with. "SEC, 4. (a) The President may appoint, period of his service, the amount of any by and with the advice and consent of the unpaid termination payment shall be paid Senate, a Director of the Peace Corps, whose in accordance with the provisions of section PEACE CORPS ACT-CONFERENCE compensation shall be fixed by the Presi­ 61! of title 5 of the United States Code. REPORT dent at a rate not in excess of $20,000 per "(d) Volunteers shall be deemed to be annum, and a Deputy Director of the Peace employees of the United States Government · Mr. MORGAN. Mr. Speaker, I call Corps, whose compensation shall be fixed for the purposes of the Federal Employees' up the conference report on the bill (H.R. by the President at a rate not in excess of Compensation Act (39 Stat. 742), as 7500) to provide for a Peace Corps to $19,500 per annum. amended: Provided, however, That entitle­ help the peoples of interested countries "(b) The President may exercise any func­ ment to disability compensation payments and areas in meeting their needs for tions vested in him by this Act through under that Act shall commence on the day skilled m.anpower, and unanimous con­ such agency or officer of the United States after the date of termination of service. For sent that the statement of the managers Government as he shall direct. The head the purposes of that Act-- of any such agency or any such officer may " ( 1) volunteers shall be deemed to be on the part of the House be read in lieu promulgate such rules and regulations as receiving monthly pay at the lowest rate of the report. he may deem necessary or appropriate to provided for grade 7 of the general schedule The Clerk read the title of the bill. carry out such functions, and may delegate established by the Classification Act of 1949, The SPEAKER pro tempore. Is there to any of his subordinates authority to per­ as amended, and volunteer leaders (referred objection to the request of the gentle­ form any of such functions. to in section 6 of this Act) shall be deemed man from Pennsylvania? " ( c) ( 1) Nothing contained in this Act to be receiving monthly pay at the lowest Mr. GROSS. Mr. Speaker, reserving shall be construed to infringe upon the rate provided for grade 11 of such general powers or functions of the Secretary of schedule; and the right to object, I assume the gentle­ "(2) any injury suffered by a volunteer to to State. man plans take ample time explain "(2) The President shall prescribe appro­ during any time when he is located abroad this conference report in which some of priate procedures to assure coordination of shall be deemed to have been sustained us are very much interested. Peace Corps activities with other activities while in the performance of his duty and Mr. MORGAN. I will try to do my of the United States Government in each any disease contracted during such time best. country, under the leadership of the chief shall be deemed to have been proximately of the United States diplomatic mission. caused by his employment, unless such Mr. GROSS. Mr. Speaker, I with­ injury or disease is caused by wmful mis­ draw my reservation of objection. "(3) Under the direction of the President, the Secretary of State shall be responsible conduct of the volunteer or by the volun­ The SPEAKER pro tempore. Is there for the continuous supervision and general teer's intention to bring about the injury objection to the request of the gentle­ direction of the programs authorized by or death of himself or of another, or unless man from Pennsylvania? this Act, to the end that such programs are intoxication of the injured volunteer is the proximate cause of the injury or death. There was no objection. effectively integrated both at home and "(e) Volunteers shall receive such health The Clerk read the statement. abroad and the foreign policy of the United care during their service, and such health States is best served thereby. examinations and immunization preparatory The conference report and. statement "(d) Except .with the approval of the to their service, as the President may deem are as follows: Secretary of S~te. the Peace Corps shall not be assigned to perform services which could necessary or appropriate. Subject to such CONFERENCE REPORT (H. REP'l'. No. 1239) more usefully be performed by other avail­ conditions as the President may prescribe, The committee of conference on the disa­ able agencies of the United States Govern­ such health care, examinations, and im­ greeing votes of the two Houses on the munization may be provided for volunteers ment in the country concerned. in any facility of any agency of the United amendment of the Senate to the bill (H.R. "Peace Corps volunteers 7500) to provide for a Peace Corps to help States Government, and in such cases the the peoples of interested countries and areas "SEC. 5. (a) The President may enroll in appropriation for maintaining and operat­ in meeting their needs for skilled manpower, the Peace Corps for service abroad qualified ing such facility shall be reimbursed from having met, after full and free conference, citizens and nationals of the United States appropriations available under this Act. have agreed to recommend and do recom­ (referred to in this Act as 'volunteers'). "(f) (1) Any period of satisfactory service mend to their respective Houses as follows: The terms and conditions of the enrollment, of a volunteer under this Act shall be cred­ That the House recede from its disagree­ training, compensation, hours of work, bene­ ited in connection with subsequent employ­ ment to the amendment of the Senate and fits, leave, termination, and all other terms ment in the same manner as a like period of agree to the same with an amendment as and conditions of the service of volunteers civilian employment by the United States follows: In lieu of the matter proposed to shall be exclusively those set forth in this Government- be inserted by the Senate amendment insert Act and those consistent therewith which " (A) for the purposes of the Civil Service the following: the President may prescribe; and, except as Retirement Act, as amended (5 U.S.C. 2251, provided in this Act, volunteers shall not be et seq.), section 852(a) (1) of the Foreign "TITLE I-THE PEACE CORPS deemed officers or employees or otherwise in Service Act of 1946, as amended (22 U.S.C. "Short title the service or employment of, or holding of­ 1092(a) (1)), and every other Act establish­ "SECTION 1. This Act may be cited a-s the fice under, the United States for any pur­ ing a retirement system for civilian employ­ 'Peace Corps Act'. pose. In carrying out this subsection no ees of any United States Government political test shall be required or taken into agency; and "Declaration of purpose consideration, nor shall there be any dis• "(B) except as otherwise determined by "SEC. 2. The Congress of the United States crimination against any person on account the President, for the purposes of deter­ declares that it is the policy of the United of race, creed, ·or color. mining seniority, reduction in force, and States and the purpose of this Act to pro­ "(b) Volunteers shall be provided with layoff rights, leave entitlement, and other mote world peace and friendship through a such living, travel, and leave allowances, rights and privileges based upon length of Peace Corps, which shall make available to and such housing, transportation, supplies, service under the laws administered by the interested countries and areas men and wom­ equipment, subsistence, and clothing as the Civil Service Commission, the Foreign Serv­ en of the United States qualified for service President may determine to be necessary for ice Act of 1946, and every other Act estab­ abroad and willing to serve, under conditions their maintenance and to insure their health lishing or governing terms and conditions of hardship if necessary, to help the peoples and their capacity to serve effectively. of service of civilian employees of the of such countries and areas in meeting their Transportation and travel allowances may United States Government: Provided, That needs for trained manpower, and to help pro­ also be provided, in such circumstances as service of a volunteer shall not be credited mote a better understanding of the American the President may determine, for applicants toward completion of any probationary or people on the part of the peoples served and fo'r enrollment to or from places of training trial period or completion of any service a better understanding of other peoples on and places of enrollment, and for former requirement for career appointment. the part of the American people. volunteers from places of termination to "(2) For the purposes of paragraph "Authorization their homes in the United States. (1) (A) of this subsection, volunteers and "(c) Volunteers shall be entitled to re­ volunteer leaders shall be deemed to be re­ "SEC. 3. (a) The President is authorized ceive termination payments at a rate not ceiving compensation during their service to carry out programs in furtherance of the t~ exceed $75 for each month of satisfactory at the respective rates of termination pay­ purposes of this Act, on such terms and con­ service as determined by the President. The ments payable under sections 5(c) and 6(1) ditions as he may determine. termination payment of each volunteer shall of this Act. "(b) There is hereby authorized to be be payable at the termination of his service, "(g) The President may detail or assign appropriated to the President for the fl.seal or may be paid during the course of his volunteers or otherwise make them available year 1962 not to exceed $40,000,000 to carry service to the volunteer, to members of his to any entity referred to in paragraph (1) of out the purposes of this Act. family or to others, under such circum- section lO(a) on such terms and conditions 1961 CONGRESSIONAL RECORD - HOUSE 20475 as he mr..y determine: Provided, however, pensated without regard to the provisions this Act in such country or area. Unless a That any volunteer so detailed or assigned of the Classification Act of 1949, as amended, representative is a volunteer, the compensa­ shall continue to be entitled to the allow­ of whom not to exceed twenty may be com­ tion, allowances and benefits, and other terms ances, benefits and privileges of volunteers pensated at rates higher than those pro­ and conditions of service of each such repre­ authorized under or pursuant to this Act. vided for grade fifteen of the general sched­ sentative, shall be the same as those of a "(h) Volunteers shall be deemed em­ ule established by the Classification Act of person appointed or assigned pursuant to ployees of the United States Government for 1949, as amended, and of these not to ex­ paragraph (1) or (2) o~ subsection (c) af the purposes of the Federal Tort Claims Act ceed two may be compensated at a rate in this section, except that any such repre­ and any other Federal tort liability statute, excess of the highest rate provided for grades sentative may, notwithstanding any provi­ and for the purposes of section 1 of the Act of such general schedule but not in excess sion of law, be removed by the President in of June 4, 1920 (41 Stat. 750), as amended of $19,000 per year. Such positions shall be his discretion. (22 u.s.c. 214). in addition to those authorized by section "Volunteer training "(i) The service of a volunteer may be 4(a) of this Act to be filled by Presidential terminated at any time at the pleasure of appointment, and in addition to the num­ "SEc. 8. (a) The President shall make pro­ the President. ber authorized by section 505 of the Clas­ vision for such training as he deems appro­ "(j) Upon enrollment in the Peace Corps, sification Act of 1949, as amended. priate for each applicant for enrollment as every volunteer shall take the oath pre­ " ( c) For the purpose of performing func­ a volunteer and each enrolled volunteer. scribed for persons appointed to any office tions under this Act outside the United All of the provisions of this Act applicable of honor or profit by section 1757 of the Re­ States, the President may- respectively to volunteers and volunteer vised Statutes of the United States, as " ( 1) employ or assign persons, or author­ leaders shall be applicable to applicants for amended (5 U.S.C. 16), and shall swear (or ize the employment or assignment of officers enrollment as such during any period of affirm) that he does not advocate the over­ or employees of agencies of the United training occurring prior to enrollment, and throw of our constitutional form of govern­ States Government, who shall receive com­ the respective terms 'volunteers' and 'volun­ ment in the United States, and that he is pensation at any of the rates provided for teer leaders' shall include such applicants not a member of an organization that advo­ persons appointed to the Foreign Service during any such period of training. cates the overthrow of our constitutional Reserve and Staff under the Foreign Service "(b) The President may also make pro­ form of government in the United States, Act of 1946, as amended (22 U.S.C. 801 et vision, on the basis of advances of funds or knowing that such organization so advocates. seq.), together with allowances and benefits reimbursement to the United States, for thereunder; and persons so employed or as­ training for citizens of the United States, "Peace Corps volunteer leaders signed shall be entitled, except to the extent other than those referred to in subsection "SEC. 6. The President may enroll in the that the President may specify otherwise in (a) of this section, who have been selected Peace Corps qualified citizens or nationals cases in which the period of the employ­ for service abroad in programs not carried of the United States whose services are re­ ment or assignment exceeds thirty months, out under authority of this Act which are quired for supervisory or other special duties to the same benefits as are provided by sec­ similar to those authorized by this Act. The or responsibilities in connection with pro­ tion 528 of that Act for persons appointed provisions of section 9 of this Act shall apply, grams under this Act (referred to in this to the Foreign Service Reserve, and the pro­ on a similar advance of funds or a reimburse­ Act as 'volunteer leaders'). The ratio of visions of section 1005 of that Act shall ment basis, with respect to persons while the total number of volunteer leaders to the apply in the case of such persons, except within the United States for training under total number of volunteers in service at any that policymaking officials shall not be sub­ authority of this subsection. Advances or one time shall not exceed one to twenty-five. ject to that part of section 1005 which pro­ reimbursements received under this subsec­ Except as otherwise provided in this Act, hibits political tests; tion may be credited to the current appli­ all of the provisions of this Act applicable "(2) utilize such authority, including au­ cable appropriation, fund, or account and to volunteers shall be applicable to volunteer thority to appoint and assign persons for shall be available for the purposes for which leaders, and the term 'volunteers' shall in­ the duration of operations under this Act, such appropriation, fund, or account is clude 'volunteer leaders': Provided, however, contained in the Foreign Service Act of 1946, authorized to be used. That- as amended, as the President deems neces­ " ( c) Training hereinabove provided for "(1) volunteer leaders shall be entitled to sary to carry out functions under this Act. shall include instruction in the philosophy, receive termination payments at a rate not Such provisions of the Foreign Service Act strategy, tactics, and menace of communism. to exceed $125 for each month of satisfac­ of 1946 as the President deems appropriate tory service as determined by the President; shall apply to persons appointed or assigned "Participation of foreign nationals "(2) spouses and minor children of volun­ under this paragraph, including in all cases, "SEC. 9. In order to provide for assistance teer leaders may receive such living, travel, the provisions of section 528 of that Act: oy foreign nationals in the training of vol­ and leave allowances, and such housing, Provided, however, That the President may unteers, and to permit effective implemen­ transportation, subsistence, and essential by regulation make exceptions to the appli­ tation of Peace Corps projects with due re­ special items of clothing, as the President cation of section 528 in cases in which the gard for the desirability of cost-sharing may determine, but the authority contained period of the appointment of assignment arrangements, where appropriate, the Presi­ in this paragraph shall be exercised only un­ exceeds thirty months: Provided further, dent may make provision for transporta­ der exceptional circumstances; That Foreign Service Reserve officers ap­ tion, housing, subsistence, or per diem in lieu "(3) spouses and minor children of volun­ pointed or assigned pursuant to this para­ thereof, and health care or health and ac­ teer leaders accompanying them may receive graph shall receive within-class salary in­ cident insurance for foreign nationals en­ such health care as the President may de­ creases in accordance with such regulations gaged in activities authorized by this Act termine and upon such terms as he may de­ as the President may prescribe; and while they are away from their homes, with­ termine, including health care in any facility " ( 3) specify which of the allowances arid out regard to the provisions of any other referred to in section 5 ( e) of this Act, sub­ differentials authorized by title n of the law: Provided, however, That per diem in ject to such conditions as the President may Overseas Differentials and Allowances Act ( 5 lieu of subsistence furnished to such per­ prescribe and subject to reimbursement of u.s.c. 3031 et seq.) may be granted to any son shall not be at rates higher than those appropriations as provided in section 5 ( e) ; person employed, appointed or assigned un­ prescribed by the Secretary of State pur­ and der this subsection (c) and may determine suant to section 12 of Public Law 84-885 (70 "(4) spouses and minor children of vol­ the rates thereof not to exceed those other­ Stat. 890). Such persons, and persons com­ unteer leaders accompanying them may re­ wise granted to employees under that Act. ing to the United States under contract ceive such orientation, language, and other "(d) The President is authorized to pre­ pursuant to section lO(a) (4), may be ad­ training necessary to accomplish the pur­ scribe by regulation standards or other mitted to the United States, if otherwise poses of this Act as the President may de­ criteria for maintaining adequate perform­ qualified, as nonimmigrants under section termine. ance levels for persons appointed or assigned 101(a) (15) of the Immigration and Nation­ "Peace Corps employees pursuant to subsection (c) (2) of this sec­ ality Act (8 U.S.C. llOl(a) (15)) for such "SEC. 7. (a) The President may employ tion and section 527(c) (2) of the Mutual time and under such conditions as may be such persons, not to exceed 275 persons per­ Security Act of 1954, as amended, and may, prescribed by regulations promulgated by manently employed in the United States at notwithstanding any other law, separate the Secretary of State and the Attorney any one time in fl.seal year 1962, as the Pres­ persons who fail to meet such standards or General. A person admitted under this sec­ ident deems necessary to carry out the provi­ other criteria, and also may grant such per­ tion who fails to maintain the status under sions and purposes of this Act. Except as sons severance benefits of one month's salary which he was admitted or who fails to de­ otherwise provided in this Act, such persons for each year of service, but not to exceed part from the United States at the expira­ (hereinafter sometimes referred to as em­ one year's salary at the then current salary tion of the time for which he was admitted, ployees') shall be employed in accordance rate of such persons. or who engages in activities of a political with and shall be subject to the laws ap­ "(e) In each country or area in which nature detrimental to the interests of the plicable to personnel employed by the United volunteers serve abroad, the President may United States, or in activities not consistent States Government. appoint an employee or a volunteer as a with the security of the United States, shall, "(b) Of the persons so employed in the Peace Corps representative to have direction upon the warrant of the Attorney General, United States in activities authorized by of other employees of the Peace Corps abroad be taken into custody and promptly de­ this Act. not to exceed thirty may be com- and to oversee the activities carried on under ported pursuant to sections 241,242, and 243 20476 CONGRESSIONAL RECORD - HOUSE September 20 of the Immigration and Nationality Act. may be allocated or transferred to agencies they may be paid actual travel expenses and Deportation proceedings under this section other than the Peace Corps. Such funds pe.r diem in Heu of subsistence and other ex­ shall be summary and the findings of the shall be available for obligation and expendi­ penses at, the applicable rate prescribed in Attorney General as to matters of fact shall ture for the purposes of this Act in accord­ the Standardized Government Travel Reg­ be conclusive. ance with authority granted in this Act or ulations, as amended from time to time, under authority governing the activities of while so employed: Provided, That contracts "General powers and authorities the agencies of the United States Govern­ for such employment may be renewed an­ "SF.C. 10. (a) In furtherance of the pur­ ment to which such funds are allocated or nually. poses of this Act, the President may- transferred. "(b) Service of an individual as a member " ( 1) enter into, perform, and modify con­ "(f) Any officer of the United States Gov­ of the Council authorized to be established tracts and agreements and otherwise cooper­ ernment carrying out functions under this by section 12 of this Act or as an expert or ate with any agency of the United States Act may utilize the services and facilities of, consultant under subsection (a) of this sec­ Government or of any State or any subdivi­ or procure commodities from, any agency tion shall not be considered as service or em­ sion thereof, other governments and depart­ of the United States Government as the ployment bringing such individual within ments and agencies thereof, and educational President shall direct, or with the consent the provisions of section 281, 283, or 284 of institutions, voluntary agencies, farm organ­ of the head of such agency, and funds al­ title 18 of the United States Code,-or of sec­ izations, labor unions, and other organiza­ located pursuant to this subsection to any tion 190 of the Revised Statutes (5 U.S.C. 99), tions, incilviduals and firms; such agency may be established in separate or of any other Federal law imposing re­ "(2) assign volunteers in speci~l cases to appropriation accounts on the books of the strictions, requirements, or penalties in rela­ temporary duty with international organiza­ Treasury. tion to the employment of persons, the per­ tions and agencies when the Secretary of "(g) In the case of any commodity, service, formance of service, or the payment or re­ State determines that such assignment would or facility procured from any agency of the ceipt of compensation in connection with serve . the purposes of this Act: Provided, United States Government under this Act, any claim, proceeding, or matter involving That not more than one hundred and twenty­ reimbursement or payment shall be made the United States Government except inso­ five Peace Corps volunteers or volunteer lead­ to such agency from funds available under far as such provisions of law may prohibit ers shall be assigned to international organ­ this Act. Such reimbursement or payment any such individual from receiving compen­ izations as described in this section; shall be at replacement cost, or, if required sation in respect of any particular matter in "(3) accept in the name of the Peace Corps by law, at actual cost, or at any other price which such individual was directly involved and employ in furtherance of the purposes authorized by law and agreed to by the own­ in the performance of such service; nor shall of this Act (A) voluntary services notwith­ ing or disposing agency. The amount of any such service be considered as employment or standing the provisions of 31 U.S.C. 665(b), such reimbursement or payment shall be holding of office or position bringing such in­ and (B) any money or property (real, per­ credited to current applicable appropriations, dividual within the provisions of section 13 sonal or mixed, tangible or intangible) re­ funds, or accounts from which there may be of the Civil Service Retirement Act, as ceived by gift, devise, bequest, or otherwise; procured replacements of similar commodi­ amended (5 U.S.C. 2263), section 212 of the and ties, services, or facilities, except that where Act of June 30, 1932, as amended (5 U.S.C. "(4) contract with individuals for personal such appropriations, funds, or accounts are 69a) , section 872 of the Foreign Service Act services abroad, and with aliens (abroad or not reimbursable except by reason of this of 1946, as amended, or any other law limit­ within the United States) for personal serv­ subsection, and when the owning or dispos­ ing the reemployment of retired officers or ices within the United States: Provided, That ing agency determines that such replacement employees or governing the simultaneous re­ no such person shall be deemed an officer or is not necessary, any funds received in pay­ ceipt of compensation and retired pay or employee or otherwise in the service or em­ ment therefor shall be covered into the annuities. ployment of the United States Government Treasury as miscellaneous receipts. for any purpose. . "Detail of personnel to foreign governments "(b) Notwithstanding any other provision "Reports and international organizations of law, whenever the President determines "SEC. 11. The President shall transmit to "SEc. 14. (a) · rn· furtherance of the' pur­ that it will further the purposes of this Act, the Congress, at least once in each fiscal poses of this Act, the head of any agency of the President, under such regulations as he year, a report on operations under this Act. the United States Government is authorized may prescribe, may settle ~nd pay, in an "Peace Corps National Advisory Council to detail, assign, or otherwise make available amount not exceeding $10,000·, any claim any officer or employee of his agency ( 1) -to against the United States, for loss of or dam­ "SEC. 12. (a) The President may appoint serve with, or as a member of, the interna­ age to real or personal property (incl:tiding to membership in a board to be known as tional staff of any international organiza­ loss of occupancy or use t~ereof) belonging the Peace Corps National Advisory Council tion, or (2) to any office or position to which to, or for personal injury or death of, any twenty-five persons who are broadly repre­ no compensation is attached with any for­ person not a citizen or resident of the United sentative of educational institutions, v.olun­ eign government or agency thereof: Pro­ States, where such claim arises abroad out tary agencies, farm organizations, and la.bar vided, That such _acceptance of such office -or of the act or omission of any Peace Corps unions, and other public and private organi­ position shall in no case involve the taking employee or out of the act or omission of zations anq groups as well as individuals of an oath of allegiance to another govern­ any volunteer, but only if such claim is pre­ interested in the programs and objectives of ment. sented in writing within one year after it the Peace Corps, to advise and consult with "(b) Any such officer or employee, while so accrues. Any amount paid in settlement of the President with regard to policies and detailed or assigned, shall be considered, for any claim under this subsection shall be ac­ programs designed to further the purposes the purpose of preserving his allowances, cepted by the claimant in full satisfaction of this Act. privileges, rights, seniority, and other bene­ thereof and shall bar any further action or "(b) Members of the Council shall serve fits as such, an officer or employee of the proceeding thereon. at the pleasure of the President and meet United S~ates Government and of the agency "(c) Subject to any future action of the at his call. They shall receive no compen­ of the United States Government from which Congress, a contract or agreement which sation for their services, but members who detailed or assigned, and he shall continue entails commitments for the expenditure of are not officers -or employees of the United to receive compensation, . allowances, and funds available for the purposes of this Act, States Government may each receive out of benefits from funds authorized by this Act. including commitments for . the purpose of funds made available for the purposes of this He may also receive, under such regulations paying or providing for allowances and other Act a per diem allowance of $50 for each day, as the President may prescribe, representa­ benefits of volunteers authorized by sections not to exceed twenty days in any fiscal year tion allowances similar to those allowed un­ 5 and 6 of this Act, may extend at a~y time in the case of any such member, spent away der section 901 of the Foreign Service Act for not more than tbirty-six months. from his home or regular place of business of 1946 (22 U.S.C. 1131). The· authori7!ation . "(d) Whenever the President determines for the purpose of attendance_ at meetings.· of such allowances and other benefits, and it to be in furtherance of the purposes of or· conferences and in necessary travel, and the payment thereof out of 'any appropria­ this Act, functions authorized by this Act while so engaged may be paid actual travel tions avallable therefor, shall be' considered may be performed without regard to such expenses and per diem in lieu of subsistence as meeting all of the requirements of section provisions of law ( other than the Renego­ and other expenses, at the applicable rate 1765 of the Revised Statutes ( 6 U.S.C. 70) . tiation Act of 1961, as amended) regulating prescribed by the Standardized Government "(c) Details or assignments may be made the making, performance, amendment, or Travel Regulations, as amended from time under this section- modification of contracts and the expendi­ to time. ., ( 1) without reimbursement to the United ture of Government funds as the President "Experts and consultants States Government by the international or­ may specify. "SEC. 13. (a) Experts and consultants or ganization or foreign government; (e) The President may allocate or organizations thereof may, as authorized by "(2) upon agreement by the international transfer to any agency of the United States section 15 of the Act of August 2, 1946, as organization or foreign government to reim­ Government any funds available for carrying amended (5 u.s.c. 65a), be employed by the burse the United States Government for out the purposes of this Act including any Peace Corps for the performance of func­ compensation, travel expenses; ··a.'\d all_ow­ advance received. by the United States from tions under this Act, and individuals so~em­ ances, or any part thereof, payable to such any country or international organization ployed may be compensated at rates not in officer or employ~e during th~ period of under ~uthority of this Aet, but not :to exceed excess of $-75 per diem, and while away from assignment or detail in accordance with sub­ 20 per centum in the aggregate of such funds their homes or regul~r places of business, section (b) of this section; and such reil!l- 1961 CONGRESSIONAL ·RECORD - HOUSE 20477 bursement shall be credited to the appro­ alteration, and improvement of such leased similar to those authorized by this Act priation, fund, or account utilized for· pay­ properties; received by any such person or by members ing such compensation, travel expenses, or "(2) expenses of attendance at meetings of his family or payable with respect to any allowances, or to the appropriation, fund, concerned with the purposes of this Act, period between the effective date and the ac­ or account currently available for such pur­ including (notwithstanding the provisions of tual date of such enrollment shall be deemed pose; or section 9 of Public Law 60-328 (31 U.8.0. for all purposes to have been received or to "(3) upon an advance of funds, property 673)) expenses in connection with meetings be payable under the appropriate provision or services to the United States Government of persons whose employment is authorized of this Act. accepted with the appro~al of the President by section 13(a) of this Act; "(b) Any person who was appointed by for specified uses in furtherance of the pur­ "(3) rental and hire of aircraft; and with the advice and consent of the Sen­ poses of this Act; and funds so advanced " ( 4) purchase and hire of passenger motor ate to be Director of the Peace Corps prior may be established as a separate fund in the vehicles: Provided, That, except as may to the enactment of this Act may be ap­ Treasury of the United States Government, otherwise be provided in an appropriation pointed by the President to be Director of to be available for the specified uses, and or other Act, passenger motor vehicles for the Peace Corps under section 4 (a) of this to be used for reimbursement of appropria­ administrative purposes a.broad may be pur­ Act without further action by the Senate. tions or direct expenditure subject to the chased for replacement only, and such -ve­ "Use of foreign currenciea provisions of this Act, any unexpended bal­ hicles may be exchanged or sold and re­ ance of such account to be returned to the placed by an equal number of such vehicles, "SEC. 17. Whenever possible, expenditures foreign government or international organ­ and the cost, including exchange allowance, incurred in carrying out functions under ization. . of each such replacement shall not exceed this Act shall be paid for in such currency "Utilization of funds $2,500 in the case of an automobile for any of the country or area where the expense Peace Corps country representative ap­ is incurred as may be available to the United· "SEC.16. (a) Funds made available for the States. purposes of this Act may be used for_ com­ pointed under section 7 ( e) : Provided fur­ pensation, allowances, and travel of em­ ther, That passenger motor vehicles may be "Applicability of Mutual Defense Assistance ployees, including Foreign Service personnel purchased for use in the United States only Control Act whose services are utilized primarily for the as may be specifically provided in an appro­ "SEc. 18. The Mutual Defense Assistance purposes of this Act, for printing and bind­ priation or other Act; Control Act of 1951 (22 U.S.C. 1611 et seq.) ing without regard to the provisions of any "(5) entertainment (not to exceed $6,000 shall apply with respect to functions carried other law, and for expenditures outside the in any fiscal year except as may otherwise out under this Act except in cases where the United States for the procurement of sup­ be provided in an appropriation or other President shall determine that such applica­ plies and services and for other administra­ Act); tion would be detrimental to the interests tive and operating purposes (other than "(6) exchange of funds without regard to of the United States. compensation of employees) without regard section 3561 of the Revised Statutes (31 to such laws and regulations governing the u.s.c. 543) and loss by exchange; "Seal obligation and expenditure of Government "(7) expenditures (not to exceed $6,000 "SEC. 19. The President may adopt, alter, funds as may be necessary to accomplish the in any fiscal year except as may be otherwise and use an official seal or emblem of the purposes of this Act. provided in an appropriation or other Act) Peace Corps of such design as he shall deter­ "(b) Funds made available for the pur­ .not otherwise authorized by law to meet un­ mine, which shall be judicially noticed. poses of this ·Act may be used to pay ex­ foreseen emergencies or contingencies aris­ "Moratorium on student loans ing in the Peace Corps: Provided, That a penses in connection with travel abroad of "SEC. 20. Section 206 of the National De­ employees and, to the extent otherwise au­ certificate of the amount only of each such expenditure and that such expenditure was fense Education Act of 1958 (20 U.S.C. 425) thorized by this Act, of volunteers, inciuding is amended by deleting the word 'or' im­ travel expenses of dependents (including ex­ necessary to meet an unforeseen emergency or contingency, ma.de by the Director of the mediately preceding clause (ii) of section penses during necessary stopovers while en­ 206(b) (2) (A) and by adding immediately gaged in such travel), and transportation of Peace Corps or his designee, shall be deemed a sufficient voucher for the amount therein after that clause the following: 'or (111) not personal effects, household goods, and auto­ specified: · in excess of three years during which the mobiles when any part of such travel or " ( 8) insurance of official motor vehicles borrower is in service as a volunteer under transportation begins in one fiscal year pur­ the Peace Corps Act: Provided, That this suant to travel 'orders issued in that fl.seal acquired for use abroad; "(9) rent or lease abroad for not to exceed clause shall apply to any loan outstanding year, notwithstanding the fact that such on the effective date of the Peace Corps Ac~ travel or transportation may not be com­ five years of _offices, health facUities, build­ ings, grounds, and living quarters, and pay­ only with the consent of the then obligee pleted during the same fiscal year, and cost institution,'. - · of transporting to and from a place of stor­ ments therefor in advance; maintenance, age, and the cost of sto:ring automobiles of furnishings, necessary repairs, improve­ "Amendment to Civil Service Retirement Act ments, and alterations to properties owned employees when it is in the public interest "SEC. 21. Subsection (j) of section 3 of or more .economical to authorize storage. or rented by the United States Government the Civil Service Retirement Act, as amended " ( c) Funds available under this Act may be or made available for its use abroad; and (6 U.S.C. 2263), ls amended to read as used to pay oosts of training employees em­ costs of fuel, water, and utilities for such follows: properties; ployed or assigned pursuant to section 7 " '(j) Notwithstanding any other provision (c) (2) of this Act (through interchange or . " ( 10) expenses of preparing and trans­ porting to their former homes, or, with re­ of this section or section 5(f) of the Peace otherwise) at any State or local unit of Corps Act, any military service ( other than government, public or private nonprofit in­ spect to foreign participants engaged in ac­ tivities under this Act, to their former homes military service covered by military leave stitution, trade, labor, agricultural, or scien­ with pay from a civilian position) performed tific association or organization, or commer­ or places of burial, and of care and disposi­ tion of, the remains of persons or members by an individual after December 1956 and cial firm; and the provisions of Public Law any period of service by an individual as a 84--918 (7 U.S.C. 1881 et seq.) may be used of the families of persons who may die while such persons are away from their homes par­ volunteer under the Peace Corps Act, shall to carry out the foregoing authority not­ be excluded in determining the aggregate withstanding that interchange of person­ ticipating in activities under this Act; " ( 11) use in accordan.ce with authorities period of service upon which an E..nnuity pay­ nel may not be involved or that the train­ able under this chapter to such individual ing may not take place at th·e institutions of the Foreign Service Act of 1946, as amend­ ed (22 U.S.C. 801 et seq.), not otherwise pro­ or to his widow or child is to be based, if specified in that Act. Such training shall vided for; and such individual or widow or child is entitled not be oonsidered employment or holding · "(12) ice and drinking water for use ( or would upon proper application be en­ of office under section 2 of the Act of July abroad. titled) at the time of such determination, to 31, 1894, as amended (5 U.S.C. 62), and any monthly old-age or survivors benefits under payments or contributions in oonnection "Appointment of persons serving under section 202 of the Social Security Act, as therewith_ may, as deemed appropriate by prior law amended (42 U.S.C. 402), based on such in­ the head of the age:Q.cy of the United States "SEC. 16. (a) Under such terms and condi­ dividual's wages and self-employment in­ Government authorizing such training, be tions as the President may prescribe, volun­ come. If in the case of the individual or made by private or public sources and be teer personnel who on the effective date of widow such military service or service under accepted by any trainee, or may be accepted this Act have been engaged by contract· by, the Peace Corps Act is not excluded under by and credited to the current applicable or pursuant to agreement with, the Peace the preceding sentence, but upon attaining appropriation of . such agency: ProVided, Corps agency established within the Depart­ age sixty-two, he or she becomes entitled ( or however, That any such payments to an ment of State pursuant to Executive Order would upon proper application be entitled) employee in t:t>.e nature of compensation Numbered 10924, dated March 1, 1961, may to such benefits, the Commission shall re­ shall be in lieu,. or in reductton, of compen­ be enrolled as volunteers or volunteer lead­ determine the aggregate period of service sation received from the· United States Gov- ers· under this Act. Such enrollment may be upon which such annuity is based, effective ernment. ' made effe~tive, for any or all purposes, as of as of the first day of the month in which he " ( d) Funds avaiJable for the purposes of a date prior to the _effective date of this Act or she attains such age, so as to exclude this Act shall be available for- but not e.arlier than the date of commence­ such service. The Secretary of Health, Edu­ "(1) r~nt of buildings and space ~n build-. ment of.. training of the person in question. cation, and Welfare shall, upon the request ings in the ·united States, ·and for repair, All allowances and termination payments of the Commission, inform the Commission 20478 CONGRESSIONAL ·RECORD - HOUSE September 20 whether or not any such individual or wid­ "TITLE II-:-AMENDMEN.T . OF .INTERNAL :REVENUE Including service, performed as a volunteer ow or child is entitled at any specified tlme CODE AND SOCIAL SECURITY ,t.C'l' or volunteer leader within the meanlng of to such benefits.' "Ta:naticm -of aUotoance.a the Peace Corps· Act, to which the provisions *' Security tnvestigatiou of :section 312l(p) are a.ppllcable,'. "'Ssc. 201. (a) Section 912 of the Internal "(4) Section 60Sl(a) _of .sucb Code (relat­ "SEC. 22. AU persons employed ·or 'assigned 'Revenue Code of 1954 (relatlng to exemption ing to receipts for employees) is amended to duties under this Ac't shall 'be lnaid, is -Deftnitioru .end of paragraph ( 12) and inserting in lieu thereof ··; or', and by adding at the end performed.' "SEc. 25. (a) The term 'abroad' means any thereof the .following new pa.ragraph: "(S) The first sentence of section 205 area outside the United States. "'(13) pursuant to any provision of law {p) (!) of such Act (42 u.s.c. 40o(p) (1)), is "(b) The term 'United States' ,means the other than section 5 ( c) or 6 ( l) of the Peace amended by inserting after 'a-re applicable,' several States ·and territories _and the Dis­ Corps Act, for service performed as a :volun­ the following: 'and including service, per­ trict uf Columbia. teer .or volunteer leader within the meaning :foxmed as a v:oluntee.r or volunteer leader "'(c) The term 'function• .includes any of such Act: W¼thin ·the meaning of the Peace Corps Act, duty, obligation,. right, power, authority,. re­ "(d) The amendments made by subsec­ to which the provlsions of section 210(0) sponslb11lty, privilege, discretion_. activity, tions (a) and (b) of .this section mall .apply are appliC81ble,'. and program. with ,respect to taxable years ending after .., {te) The :amendments made by subsec­ "(d) The term 'health care• includes an Mar.ch 1. 1961. The .amendment made by -tions (a) and (b) of thls section shall apply appropriate examinations, preventive, cura­ .subsection ,( c) shall apply with respect to 'With nspect to service performed after the tive and restorative health and medical ,care, l"emuner.ation paid ·after the date ,of the en­ date of the ;enactment of this Act. 'In the and supplementary .services when necessary. .actment of this .Act. icase of any individual who ls enrolled as a " ( e) For the purposes of this or any other volunteer (b) and 6(2) includes transportation of not ice only amounts paid pursuan't to section Managers on the_Part of the Senate. to exceed three hundred pounds per person 5 ( c) or 6 ( 1) of the Peace Corps Act.' STATEMENT of unaccompa.nied necessary personal and "(2) 'Section 3121 Df such Code ls amended The m.anagers on the part of the House household effects. by ad.ding at -the end thereof the following at the con"ference on the disagreeing votes "Construction new subsection: of the two Houses on the amendment o! the _., '(p) PEACE CORPS VOLUNTEER SERVICE.­ "SEC. 26. If 'any provision of this Act or Senate to the bill (H.R. 7500) to provide for the application of any provision to any F,or purposes of this -Chapter, the term "em­ a Peace Corps to help the peoples of inter­ circumstances or persons shall be held in­ ployment" shall, notwithstanding the pro­ ested countries and areas in meeting their valid, the validity of the remainder or this visions of subsectton (b) of this section, 'in­ needs for sk.1.Ued manpower .submit the fol­ Act and the -appl1cabil1ty of such provision clude servlce performed by an indivldual as a lowing statement in explanation of tbe ef­ volunteer or volunteer leader within the fect of the action agreed -upon by the to other circumstances or persons shall not Act." be affected thereby. meaning of the Peace Corps conferees und recommended in the accom­ " 1(3} The first sentence of section 3122 of panying conference report: "Effective date such Code (relating to Federal service) is -The Senate struck out all -of the ~House "'SEc. '27. This Act Shall ·talte effect on the amended by inserting after 'section 3121 bill after the enacting .clause and inserted date at its enactment. (m) (J.} are applicable,' the following~ 'a:i;id a substitute -~m~ndm.ent. The committee 1961 CONGRESSIONAL RECORD - HOUSE 20479 of conference has agreed to a su~stitute for an understanding by the people of the coun­ Peace Corps representatives abroad that both the House bill and the Senate amend­ tries in which they serve of different races, could be employed. ment. Except for clarifying, clerical, and religions, and national points of view. It The House b111 contained no comparable necessary conforming changes, the differ­ would be undesirable to deprive any country provision. ences are noted below: of the benefit of this type of service on the The managers on the part of the House part of the Peace Corps. accepted the Senate celling of 275 employees POWERS oa FUNCTIONS OF SECRETARY OF It is the policy of the Peace Corps to re­ for fiscal year 1962. However, the managers STATE (SEC, 4 (C) ) quire in its program agreements that host on the part of the House insisted on the The House bill, section 4(c), contained.a countries accord equitable treatment to the following language as a substitute ior the provision that "nothing contained in this volunteer or give other satisfactory assur­ Senate amendment: "not to exceed 275 per­ act shall be construed to infringe upon the ance to the same effect. The Peace Corps sons permanently employed in the United powers or functions of the Secretary of states that it would not maintain a program States at any one time in fiscal year 1962". state or the other officers of the Depart­ in any country in which volunteers were This language is intended to make it clear ment of State appointed by the President by repeatedly subject to discrimination. that the ceiling does not apply to any over­ and with the advice and consent of the ASSIGNMENT OF VOLUNTEERS TO INTERNATIONAL sea employees. Also, the language agreed to Senate." requires the ceiling to apply only to perma­ The Senate amendment contained identi­ ORGANIZATIONS (SEC. 5 Cg> AND SECS. 10 (a) (1) AND (2)) nently employed persons. This will permit cal language with respect to the Secretary the agency_ to continue using college stu­ of State but omitted the reference to "the The House provision relating to assign­ dents as temporary summer employees. other officers of the Department of State ap­ ment of volunteers generally included a pointed by the President by and with the proviso (sec. 5(g)) permitting the President PEACE CORPS EMPLOYEES (SEC. 7 (b)) advice and consent of the Senate." to waive, with respect to any volunteers as­ The Senate amendment provided that of The manager on the part of the House ac­ signed or detailed to international organi­ the persons employed in the United States cepted the Senate language omitting the ref­ zations, such provisions of this act relating in activities authorized by this act, not to erence to the powers and functions of the to volunteers as he determines to be neces­ exceed 35 may be compensated without re­ other officers of the Department of State con­ sary to carry out the purposes of this act. gard to the provisions of the Classlflcation tained in the House bill in the belief that It also expressly permitted the President to Act of 1949, as amended. Of these 25 may responsib111ty for defining relationships be­ enter into contracts with international or­ be compensated at rates higher than GS-15 tween subordinate State Department officers ganizations and agencies to carry out pro­ of the general schedule ($15,030), and of is properly that of the Secretary of State. To grams in furtherance of the purposes of this these 2 may receive up to $19,000. The the extent that functions are vested in sub­ act (sec. lO(a) (1)). House b111 contained no comparable provi­ ordinate officers by statute, the clause The Senate amendment did not contain sion. It was recognized that sound manage­ contained in the House blll would be unnec­ comparable provisions but it did author­ ment was essential to the success of this new essary. To the extent that the powers of sub­ ize the President to make arrangements to program. The managers on the part of the ordinate officers derive from the authority of assign volunteers in special cases to tem­ House therefore receded from their position the Secretary of State himself, this provision porary duty with international organizations and agreed to 30 excepted positions of which presumably would not affect the Secretary's and agencies when the Secretary of State 20 could be compensated at rates above power to make such organizational arrange­ determines that such assignment would GS-15. ments within the Department as he sees flt. serve the purposes of this act. It limited to 75 the number of volunteers and volunteer STAFF ASSIGNMENTS FOR VOLUNTEERS PERFORMANCE OF SERVICES BY PEACE CORPS (SEC. 7(8)) (SEC. 4 (d)) leaders who could be so assigned. The managers on the part of the House The House b111 contained a provision allow­ The House bill, section 4(d), contained a accepted the Senate version including a ing the assignment of volunteers to duty on provision that "the Peace Corps shall not modification of the Senate language that the staff of Peace Corps representatives. perform services which in the opinion of the wlll authorize a maximum of 125 volunteers The Senate amendment did not contain a Secretary of State could more usefully be and volunteer leaders to be assigned to in­ comparable provision. performed by other available agencies of the ternational organizations. The managers on the part of the House United States Government in the country receded from their position in recognition of concerned." REQUIREMENT FOR FILING AFFIDAVITS the fact that volunteers were not intended The Senate amendment contained lan­ (SEC. 5(j)) to serve in administrative positions with U.S. guage providing that "except with. the ap­ The House bill contained a provision that agencies. The committee of conference does proval of the Secretary of State, the Peace in addition to the oath every volunteer shall not believe that such administrative assign­ Corps shall not be assigned to perform serv­ execute and ftle with the Director an affida­ ments are in keeping with the concept of ices which could readily be performed by vit that he does not advocate the overthrow the volunteers• intended services. other available agencies of the United States of our constitutional form of government in Government in the country concerned." the United States, and that he is not a mem­ TRAINING IN COMMUNIST TACTICS The committee of conference accepted the ber of an organization that advocates the (SBC. 8(C)) Senate language, except that the word "read­ overthrow of our constitutional form of gov­ The Senate amendment, section 8(c), in­ ily" was changed to "more usefully". ernment in the United States, knowing that cluded a provision that "training herein­ The managers on the part of the House ac­ such organization so advocates. above provided for shall include instruction cepted this compromise in the bellef that the The Senate amendment had no compa­ in the philosophy, strategy, tactics, and men­ Senate requirement that the Secretary of rable provision. ace of communism." State consider and give approval to any as­ The coxnmlttee of conference accepted the The House bill did not contain a similar signment of services to the Peace Corps be­ language of the House bill with an amend­ provision. fore the Peace Corps undertakes operations ment which requires that, instead of filing The managers on the part of the House in a foreign country would be preferable to an afildavit with the Director, every volunteer accepted the Senate language. The Peace the House language, which would have per­ shall, at the time of taking the oath, also Corps officials have given assurance that such mitted the Peace Corps to go ahead in the swear or a1llrm that he does not advocate the training ls already required in every Peace performance of services prior to such specific overthrow of our constitutional form of gov­ Corps training curriculum. There appears to advance approval by the Secretary of State. ernment in the United States, and that he be every reason to give statutory recognition DISCRIMINATION BY RECIPIENT NATIONS is not a member of an organization that ad­ to this requirement. ·The House b111, section 4(e), contained a vocates the overthrow of our constitutional PARTICIPATION OJ' FOREIGN NATIONALS (SEC. 9) provision that "the Peace Corps shall not form of government in the United States, The House bill authorized the "participa­ perform senices in any foreign country in knowing that such organization so advo­ tion of" foreign nationals in the training which, by reason of law or official policy, any cates. of volunteers while the Senate amendment member of the Peace Corps is or will be dis­ :MONTHLY PAYMENT OF VOLUNTEER LEADERS authorized "assistance by" foreign nationals criminated against because of his race, creed, (SEC. 6(1)) in such training. The House conferees ac­ or color." The House blll provided that volunteer cepted the Senate language as a clearer in­ The Senate amendment did not contain leaders would be entitled to receive termina­ tent that the role of the foreign nationals such a provision. tion payments at a rate not to exceed $150 was limited to the training of volunteers The managers on the part of the House for each month of satisfactory service. The rather than themselves being volunteers. agreed to the deletion of this provision. They Senate biil contained a comparable provision The Senate amendment also contained a are convinced · that in the less developed concerning termination payments, but the provision that incorporated the ftfth and countries government policy frequently may rate was established at $100 a month. sixth sentences of section 201(a) of the not be well coordinated and publlc opinion The managers on the part of the House U.S. Information and Educational Exchange not fully matured . . Under the circum­ compromised at · $125 per month. Act of 1948 or corresponding · provisions of stances, individuar incidents of discrimina­ any successor act. Such sentences were tion might occur which did not reflect either LIMITATION ON NUMBER OF EMPLOYEES made applicable to foreign nationals coming the policy of the government or the attitude (SEC. 7(a) )· to t.he United States in connection with the of the. public generally. The Senate amendment contained a ceii­ training of volunteers. The Mutual Educa­ One of the functions to be served by Peace ing of 275 on the number of employees dur­ tional and Cultural Exchange Act of 1961 Corps volunteers should be to bring about ing fiscal year 1962 other than volunteers or repealed section 201 referred to in the bill. 20480 CONGRESSIONAL RECORD - HOUSE September 20 The sentences referred to in the Senate The managers on the part of the House Government in the United States. and amendment deal with the deportation of accepted the Senate amendment since the thathe.is not.a member of any organiza­ foreigners who do not maintain the status Peace Corps has no authority to make use tion that advocates the overthrow of our under whicb they are admitted or whose con­ of aircraft except through rent.al or lltre. constitutional form. of Government in the duct and activities are prejudicial to U.S. RENT OR LE.ASE .{SBC. 15 (d) (9)) interests or1iecurity. United States, knowing that such or­ The managers on the part of the House The House bill authorized the rent or lease ganization so advocates. accepted the Senate version with an a.mend­ abroad for not to exceed 10 years of offices. The Senate bill ir..cluded authorization nient that incorporates directly Tather than living quarters, and other physical facllt­ tles, and payments therefor in advance. The for 25 supergrades. The Executive re­ by reference the sentences referred to in the quest had been 30 and the Senate, after Senate amendment. Senate amendment authorized such rentals or 1oans for a period not to exceed 3 years. long discussion on the Senate floor, cut ALLOCATIONS TO OTHER AGENCIES ( 10 ( e) ) The committee of conference agreed on 5 the figure to 2.5. The Senate conferees Subsection lO(e) of the House bill pro­ years. very strongly defended this Senate fig­ vided the basic authority :whereby the Presi­ PRIOR SERVICE ON NATIONAL ADVISORY COUNCIL ure. The managers on the part 0f the dent may Allocate 'funds to the Peace Corps House :finally accepted a figure of 20 or. in the case of other agencies performing The House bill (sec. 16(b)) prov1ded that persons currently serving as members of the supergrades, a reduction of 5 below the functions under the bill, to those agencies. Senate bill and 10 below the number re­ Funds so allocated may be obligated and ex­ Nationual Advisory Council of the agency as pended for Peace Corps purposes in accord­ established under Executive order shall be quested by the Executive. ance with Peace Corps bill authority, regard­ members of the Peace Corps National Ad­ Let me say in this connection, how­ less of the agency which obligates or expends visory Council under the authority of sec­ ever, that we accepted a ceiling of 275 on the funds. l:t also provides that Peace Corps tion 12 of this act. the number of Peace Corps Washington funds allocated to another agency might be The Senate amendment contained no com­ - personnel which was included in the used by that agency for Peace Corps pur­ parable provision. The managers on the _part of the House Senate bill but which was not in the poses in the manner .in which it is ac­ House bill. customed to handling its own funds. agre·ed to the deletion of this subsection. The Senate amendment contained no Section 12 (a) of the bill provides for a The net result is that while we agreed comparable provision. Peace Corps National Advisory Council of 25 to an increase in supergrades we ac­ The committee of conference agreed on members. Under the authority of the Exec­ cepted a personnel ceiling which should a compromise which included the language utive order establishing the Peace Corps, an have the effect of keeping within bounds advisory board had been created having 35 any tendency for the administrative staff of the House b1ll but limited such transfers members. This provision would have pre­ and allocations to U.S. agencies other than vented the elimination of the 10 members of the Peace Corps to get out of hand. the Peace Corps to 20 percent of the funds necessary to bring the membership within Mr. GROSS. Mr. Speaker, ·Will the available for carrying out the purposes of the new limit. gentleman yield? the act in any .fiscal year. Mr~ MORGAN. I yield to the gentle­ CONFIRMATION OF DIRECTOB .{SEC. 16 (b)) man irom Iowa. BE'l'IRED OFl'ICERS AND EMPLOYEES (SEC. 13 (b) ) The Senate amendment, section 16(b). The Senate amendment added to subsec­ provided that in the event the present Di­ Mr. GROSS. I am QOt exactly ..straight tion (b) language that would provide exemp­ rector ,of the Peace Corps is appointed Direc­ on the number of excepted positions. tion for experts -and consultants from laws tor of the Peace Corps under section 4 (a) of The House receded from its position governing reemployment of retired officers this act, the Senate need not reconfirm him. and agreed to 30 excepted positions, of or employees and simultaneous receipt of The House bill contained no comparable whieh 20 can be -eompensated for above compensation and retired pay or annuities. provision. the rating of GS-15. The House bill contained no such pro­ The managers on the part of tbe House Axe those supergrades ,and scientific vision. accepted this provision since they coUld see positions? The managers on the part of the House no useful purpose in having the present Di­ Mr. MORGAN. ·No, there is no ref­ accepted the Senate provision in :the belief rector reconfirmed. The appointment of that the Peace Corps program would be anyone other than the present incumbent as erence to scientific positions in the bill. more effective 1f the services of retired offi­ Director of the Peace Corps will under the Mr. GROSS. All supergrades? cers e.nd employees were more readily avail­ terms of section 4(a) of the bill require Sen­ Mr. MORGAN. Just the .20 are super­ able to it. .ate confirmation. grades. MAINTENANCE .AND OPERATION OF AIRCRAFT THOMAS E. MORGAN, Mr. GROSS. How many scientific (SEC. 15 (d) (3)) CLEMENT J. ZABLOCKI, and professional positions? EDNA F. KELLY, a Mr. MORGAN. There are no scien­ The House blll contained provision CHESTER E. MERROW, authorizing the maintenance. operation, and tific supergrades as I understand the WALTER H. JUDD, hire of aircraft. Managers on the Part of the House. meaning of the term. The Senate amendment provided only for Mr. GROSS. The $19,000 people are the "rental and hire" · of aircraft. Mr. MORGAN. Mr. Speaker, I yield out, except for the statutory positions? The managers on the part of the House myself 5 minutes. Mr. 'MORGAN. There are two at accepted the Senate language which will $19,000. prevent the Peace Corps from establishing Mr. Speaker, the bill agreed to in con­ its own aircraft maintenance and operating ference is a good bill and retains the Mr~ GROSS. Then those are statu­ facilities or employing personnel to operate basic provisions which were approved by tory? or maintain aircraft. the House. As is the ease in all confer­ Mr. MORGAN. Yes, there are 2 statu­ The committee of conference recognizes ences it has been necessary, however, to tory positions at $19,000 and two super­ that the rental or hire of aircraft .might be agree to certain compromises and to grades at that salary. necessary in some instances in order to make certain con.cessions. Mr. GROSS. I thank the gentleman. facilitate some of the Peace Corps oversea One of the provisions of the House bill Mr. operations. However, any necessary main­ .Mr. MORGAN. Speaker, the tenance and operating requirements for not contained in the Senate bill was the Senate bill included a provision limiting these aircraft should be provided ! .or as part requirement that every Peace Corps the number of volunteers and volunteer of the rental contracts. volunteer ta~e an oath -and which I offered in the tainment expenses when they were wires with other agencies of our Gov- House, and which was accepted by the 20482 CONGRESSIONAL RECORD - HOUSE September 20 House by unanimous· vote, preventing Mr. CONTE. Mr. Speaker, I wonder Mr. MORGAN. The Senate conferees any discrimination against any of these if the chairman of the committee now felt that the clause contained in the members of the Peace Corps. My has any comment on my statement on House bill with respect to the other offi­ amendment was directed particularly to the deletion of section 4(e). cers was unnecessary and that anything the Arab countries that have discrimi­ Mr. MORGAN. Yes; that amendment which ·might interfere with.the authority nated against American boys of the caused the conference a great deal of of the Secretary of State to assign re­ Jewish faith. I do not think they should concern. I am sure the gentleman from sponsibility to his subordinates should be have the benefit of the Peace Corps. I Massachusetts has read the statement avoided. They prevailed on the House am terribly disappointed that the sec­ of the managers dealing with his amend­ conferees that the gentleman's amend­ tion was deleted from the bill. ment. I, for one, was very sympathetic ment should be left out. Mr. HOFFMAN of Michigan. Mr. to the purpose of the gentleman's · Mr. AVERY. Mr. Speaker, will the Speaker, wiil the gentleman from Penn­ amendment; I do not think there is any gentleman yield? sylvania yield? present intention to have any Peace Mr. MORGAN. I yield to the gentle­ Mr. MORGAN. I yielded to the gen­ Corps volunteers in any of the countries man. tleman from Massachusetts, but I shall which the gentleman had in mind. The Mr. AVERY. The gentleman knows be glad to yield to the gentleman from Executive emphasized that they would that I expressed considerable reserva­ Michigan after I have answered the not have any Peace Corps programs in tion as to the wisdom of the action the gentleman from Massachusetts. any country in which volunteers were House took when the matter was up on Mr. HOFFMAN of Michigan. I know, repeatedly subject to discrimination. the floor last week. As I understand, but I asked a question, but then the Let me cite the statement of the man­ there is no limit so far as authorization gentleman yields to the gentleman from agers on this point: for the Peace Corps is concerned; it is Massachusetts who tells us about his re­ The managers on the part of the House in perpetuity unless repealed. grets that his amendment was not re­ agreed to the deletion of this provision. Mr. MORGAN. There has to be an tained in the bill. I am sorry that he They are convinced that in the less-developed annual authorization and an annual ap­ did not get what he wanted. countries government policy frequently may propriation. Mr. Speaker, what I want to know is not be well coordinated and public opinion Mr. AVERY. There will have to be not fully matured. Under the circum­ just what functions the Peace Corps stances, individual incidents of discrimina­ annual authorizations? takes on, and whether it can take on tion might occur which did not reflect either Mr. MORGAN. And annual appro­ anything and everything even though the policy of the government or the attitude priations. there is another agency available to of the public generally. Mr. AVERY. In other words, in the perform such function, if the Secretary One of the functions to be served by Peace next session of Congress we may antici­ of State thinks that the Peace Corps can Corps volunteers should be to bring about pate a bill before the House to authorize do a more useful job? an understanding by the people of the coun­ the Peace Corps for another year? Mr. MORGAN. tries in which they serve of different races, Mr. MORGAN. Only the· money is The Peace Corps vol­ religions, and national points of view. It unteers can do only what they are au­ would be undesirable to deprive any country subject to annual action. thorized to do in the act. They cannot of the 'benefit .of this type of service on the . Mr. AVERY. I .thought that was the do anything but what is authorized. part of the Peace.Corps. · · situation. In other words; the only way Mr. HOFFMAN of Michigan. Any­ It is the policy of the Peace Corps to re­ Congress will have to measure the per­ thing that is contained in the act? quire in its program agreements that host formance of the Peace Corps is through Mr. MORGAN. Yes; anything that is countries accord equitable treatment to the the Appropriations Committee; they contained in the act. . . . volunteer or give other satisfactory assurance will be the only ones to whom we will to the same effect. The Peace Corps states be able to turn? Mr. HOFFMAN of Michigan. Are that it would not maintain a program in any they restricted now, or can they engage country in which volunteers were repeatedly Mr. MORGAN. The Appropriations in certain functions, if the act gives them subject to discrimination, Committee or the authorizing commit­ the authority and there is some other tee. Government organization that has au­ Mr. GROSS. Mr. Speaker, will the Mr. AVERY. The authority to appro­ thority to do the same thing-can they gentleman yield? priate will have to be reviewed each both work on it without any directive Mr. MORGAN. I yield. year by the Foreign Affairs Committee from the Secretary of State? Mr. GROSS. That was what was under general supervision, is that cor­ Mr. MORGAN. The Secretary of known in the House as the civil rights rect? State has to decide in advance whether amendment to the bill, which went out Mr. MORGAN. That is correct. or not the Peace Corps can more use­ in conference; is that correct? Mr. COLLIER. Mr. Speaker, will the fully perform a service than some other Mr. MORGAN. No; I do not think gentleman yield? agency. there was any thought that this was a Mr. MORGAN. I yield to the gentle­ Mr. HOFFMAN of Michigan. The civil rights amendment., man. answer is "they can"? Mr. LINDSAY. Mr. Speaker, will the Mr. COLLIER. In the statement of Mr. MORGAN. They can, but there gentleman yield? the managers on the part of the House, would be no duplication if it is done at Mr. MORGAN. I yield. referring to section 4(d) of the bill, the direction of the Secretary of State. Mr. LINDSAY. I think it is regret.; there is a reference made that the serv­ He is supposed to prevent duplication. table that the conference committee did ices of the Peace Corps would be re­ Mr. HOFFMAN of Michigan. But it not back up the House in its acceptance stricted to those matters which could, all depends upon the Secretary of State. of the amendment that I happened to in the opinion of the Secretary of State, The Secretary of State fixes the limita­ sponsor on the floor which would have more usefully be performed by them, tions as to the work which they can do? made it very clear that the Director of and so forth. Would this foreclose the the Peace Corps- had an administrative use of Peace Corps members under cer­ Mr. MORGAN. It is ciearly the pur­ position, that he had no responsibility tain conditions from working in some of pose of section 4(d) of the act to prevent for foreign policy as such. That was an the embassies in many of the positions duplication. amendment which was designed to pre­ now held by foreign nationals who are, Mr. HOFFMAN of Michigan. Any­ vent the increasing dilution of the in fact, Communists and who are at­ thing named in the act they can do powers of those officers in the Depart­ tached to American embassies abroad? unless the Secretary of State says "no"? ment of State who are responsible for Mr. MORGAN. No; that authority Is that right or not? foreign policy. It would put the Di­ was stricken from the bill. They have Mr. MORGAN. That is correct. rector in a subordinate position, that is to work strictly on Peace Corps projects. Mr. HOFFMAN of Michigan. I hear correct. - By doing so it would demon­ The House bill contained a provision al­ "no" over on this side. So, I am still strate that the Peace Corps does not lowing the assignment of volunteers to confused. have basic responsibility for the forma­ duty on the staff of the Peace Corps Mr. CONTE. Mr. Speaker, will the tion of policy. It is too bad that the representative in a country. This would gentleman yield? conference committee did not support have meant that under this authority Mr. MORGAN. I yield to the gentle­ the House in its unanimous adoption of they. might have been assigned to work man from Massachusetts. that amendment. in capital cities and perhaps actually at 1961 CONGRESSIONAL RECORD - HOUSE 20483 our embassies. There was no compa­ The SPEAKER pro tempore (Mr. AL­ from tax under section 501 (a),' in paragraph rable authorization in the Senate bill, and BERT). The question is on the confer­ (3) and inserting 1n lieu thereof the fol­ lowing: 'the employer described in paragraph the conference agreed to the elimination ence report. (1) (A),'; and of this provision The bill as brought The question was taken; and the "(3) by inserting before the period in the back from conference does not authorize Speaker pro tempore announced that heading of such subsection the following: the use of Peace Corps volunteers for the ayes appeared to have it. 'OR PUBLIC SCHOOL'. anything except the performance of vol­ Mr. GROSS. Mr. Speaker, I object to "(b) The amendments- made by subsec­ unteer services under authorized proj­ the vote on the ground that a quorum is tion (a) shall apply with respect to taxable ects. not present and make point of order years beginning after December 31, 1967." Mr. COLLIER. It would certainly that a quorum is not present. And the Senate agree to the same. seem, in view of some of our experiences, The SPEAKER pro tempore. Under That the House recede from its disagree­ ment to the amendment of the Sena~e to particularly the seduction of Mr. Scar­ order of the House entered on Septem­ the title of the bill and agree to the same. beck and some of the other unfortunate ber 18. further proceedings on this mat­ WILBUR D. MILLS, instances we have had in embassies ter will be postponed until tomorrow. CECIL R. KING, abroad, that we are being penny wise THOMAS J. O'BRIEN, and dollar foolish in employing in em­ NOAH M. MASON, bassies in vital positions in many cases ANNUITIES TO WIDOWS AND DE­ JOHN W. BYRNES, foreign nationals who are Communists PENDENT CHILDREN OF TAX Managers on the Part of the House. when you have all of this talent and abil­ COURT JUDGES HARRY FLOOD BYRD, ity in the Peace Corps to replace some of Mr. MILLS. Mr. Speaker, I call up RoBERT S. KERR, these people in the interest of our na­ RUSSELL B. LONG, the conference report on the bill (H.R. JOHN J. WILLIAMS, tional security. 4317) to amend the Internal Revenue FRANK CARLSON, Mr. GROSS. Mr. Speaker, will the Code of 1954 and incorporate therein Managers on the Part of the Senate. gentleman yield? provisions for the payment of annuities Mr. MORGAN. I yield to the gentle­ to widows and certain dependents of the STATEMENT man from Iowa. judges of the Tax Court of the United The managers on the part_ of the House Mr. GROSS. I note that there is au­ States, and ask unanimous consent that at the conference on the disagreeing votes thority in the bill to rent and lease quar­ the statement of the managers on the of the two Houses on the amendments of ters for the Peace Corps in foreign coun­ the Senate to the bill (H.R. 4317) to amend part of the House be read in lieu of the the Internal Revenue Code of 1954 and in­ tries for a period. of 5 years. report. corporate therein provisions for the pay­ Mr. MORGAN. The House bill was The Clerk read the title of the bill. ment of annuities to widows and certain de­ for 10 years, and the Senate bill for 3 The SPEAKER pro tempore. Is there pendents of the Judges of the Tax Court of years. We compromised on 5. objection to the request of the gentle­ the United States, submit the following state­ Mr. GROSS. Yes; you compromised man from Arkansas? ment in explanation of the effect of the at 5, and I assume that means we are There was no objection. action agreed upon by the conferees and going to have the Peace Corps with us The Clerk read the statement. recommended in the accompanying confer­ for 5 years. If they can enter into obli­ ence report: The conference report and statement Amendments Nos. 1 and 2: The bill as .gations with foreign governments for 5 are as follows: passed by the House adds a new section 7448 years, then we are going to have it for 5 . CONFERENCE REPORT (H. REPT. No. 1199) to the Internal Revenue Code of 1954 pro­ years. Is th-at about right? The committee of conference on the dis­ viding annuities to widows and dependent Mr. MORGAN. The testimony during agreeing votes of the two Houses on the children of judges of the Tax Court of the the hearings brought out that many of amendments of the Senate to the blll (H.R. United States. This section ls changed by these leases for foreign service have to be 4317) to amend the Internal Revenue Code Senate amendments numbered 1 and 2 to taken over a long time, or housing and of 1954 and incorporate therein provisions conform the benefit computations, in the offices cannot be rented. for the payment of annuities to widows and case of widows and dependent children of Mr. GROSS. The amendment that certain dependents of the judges of the Tax Tax Court ·Judges, to the formula provided was deleted from the House version Court of the United States, having met, after by Public Law 973 of the 84th Congress relat­ full and free conference. have agreed to ing to widows and dependent children of reads: recommend and do recommend to their re­ Federal judges. Th~ House recedes. The Peace Corps shall not perform services spective Houses as follows: Amendment No. 3: Senate amendment in any foreign country in which, by reason That the Senate recede from its amend­ numbered 3 adds a new section to the bill of law or official policy, any member of the ment numbered 4. re~ating to the taxability of amounts con­ Peace Corps will be discriminated against That the House recede from its disagree­ tributed by an employer which is a public because of his race, creed, or color. ment to the amendments of the Senate school system for annuity contracts for its numbered 1 and 2; and agree to the same. employees to provide the same treatment as If that is not a civil rights amendment, applies under existing law in the case of I have never heard of one, and I am Amendment numbered 3: That the House recede from its disagreement to the amend­ annuity contracts purchased for employees amazed that it was stricken from · the ment of the Senate numbered 3, and agree by employers described in section 501(c) (3) bill. to the same with an amendment, as follows: of the 1954 code which are exempt from tax Mr. HOFFMAN of Michigan. Mr. In lieu of the matter proposed to be inserted under section 501 (a) of such code. Speaker, will the gentleman yield? by the Senate amendment insert the fol­ The House recedes with an amendment. Mr.MORGAN. !yield. lowing: Under the conference agreement, the amend­ Mr. HOFFMAN of Michigan. May I "SEC. 3. (a) Section 403(b) of the Internal ment (1) is to apply where an annuity con­ ask another question, or the same one Revenue Code of 1954 (relating to taxability tract ls purchased for an employee who per­ over again. This was shown to me by of beneficiaries under annuities purchased forms services for an educational institution by section 601 ( c) ( 3) organizations) is ( as defined in section 151 ( e) ( 4) of the code) the gentleman from Minnesota [Mr. by an employer which is a State, a political Junn]. On page 2, section 4Cd) provides: amended- "(!) by striking out subparagraph (A) of subdivision of a State, or an agency or in­ Except with the approval of the Secretary paragraph ( 1) and inserting in lieu thereof strumentality of any one or more of the of State, the Peace Corps shall not be as­ the following: fo:tegoing, and (2) will not affect organiza­ tions which may qualify under existing law. signed to perform services which could more "'(A) an annuity contract ls purchased­ usefully be performed by other available Amendment No. 4: Senate amendment agencies of the U.S . . Government in the " '(1) for an employee by an employer de­ numbered 4 added a new section to the country concerned. scribed in section 601(c) (3) which is exempt bill relating to the treatment of accident from tax under section 601 (a) , or and health insurance contract premiums by Mr. MORGAN. That is exactly the "'(ii) for an employee (other than an em­ insurance companies. Under present law way I answered the gentleman before. ployee described in clause (1)), who per­ life insurance companies are, subject to Mr. HOFFMAN of Michigan. The an­ forms services for an educational institution certain limitations, entitled to a special de­ swer is yes? , (as defined in section 151 (e) (4)), by an em- duction of 2 percent of premiums attrib­ - Mr. MORGAN". Yes. 'ployer which is a State, a political subdivi­ utable to group and accident and health sion of a State, or an agency or instrumen­ contracts and group life insurance con­ Mr. Speaker, I move the previous ques- tality of any one or more of the foregoing,'; tracts for purposes of the tax on underwrit­ tion. · "(2) by striking out 'the employer de­ ing income. Senate amendment numbered The previous question was ordered. scribed in section 501(c) (3) and exempt 4 ·would extend the special d,eductlon to 20484 CONGRESSIONAL RECORD - HOUSE September 20 individual accident and health contracts paid by "public school systems" to pur­ agency or instrumentality of any one or written by life insurance companies. In ad­ chase annuity contracts for their em­ more of the foregoing; and second, will dition, the amendment would provide a ployees shall not be included in the gross not affect organizations which may special 2-percent deduction in computing income of such employees. This would qualify ·under existing law. underwriting income of stock casualty in­ surance companies writing accident and be similar to the extent that present Third, a Senate amendment added health contracts. The Senate recedes. law excludes such amounts from the a new section to the- bill relating to The House recedes to the amendment of gross income of employees of organiza­ the treatment of accident and health in­ the Senate to the title of the bill. tions of a religious, charitable, or edu­ surance contract premiums by insurance Wn.BUR D. Mn.LS, cational character that are exempt from companies. Under this amendment, the CEcn. R. KING, tax under section 501 (c) (3) of the Code. special deduction of 2 percent of premi­ THOMAS J. O'BRIEN, On this amendment the House conferees ums attributable to group accident and NOAH M. MASON, receded with an amendment to provide health insurance contracts· that life in­ JOHN W. BYRNES, that the amendment shall apply where surance companies-are entitled to deduct Managers on the Part of the House. an annuity contract is purchased for an in computing their underwriting income Mr. MILLS. Mr. Speaker, Members employee who performs services for an under present law would be extended to will recall that the purpose of the bill, educational institution by an employer stock casualty companies. In addition, H.R. 4317. was to amend the Internal which is a State, a political subdivision this amendment would have extended Revenue Code of 1954 to incorporate of a State, or an agency or instrumental­ this deduction to apply to premiums re­ provisions for the payment of annuities ity of the foregoing entities. The ceived on individual accident and health to widows and certain dependents of amendment makes it clear that this insurance contracts issued by both life judges of the Tax Court of the United change will not affect organizations insurance and stock casualty insurance States in a manner similar to that now which may qualify under existing law. companies. Under the conference agree­ in effect with respect to Federal judges. The second substantive Senate amend­ ment, this Senate amendment was The Senate made two amendments to ment that was not germane to the basic deleted. this particular part of the bill that were provisions of the House passed bill con­ In connection with the discussion of accepted by the committee of conference cerned the deduction that is available the conference action taken on the because these amendments merely clari­ under existing law of 2 percent of pre­ amendments made to section 403(b) · of fied and carrietl out the intention that miums received on certain accident and the Code, it appeared that certain prac­ was present in the bill when it passed health insurance business. This amend­ tices have developed under the opera­ the House. The Senate made two addi­ ment would have extended this deduction tion of this provision that seem to be tional amendments, not part of this par­ to individual accident and health con­ inconsistent with the basic purpose of ticular part, one of which was accepted tracts written by life insurance compa­ providing retirement annuities for em­ and the other of which was rejected by nies and would have also made the ployees of organizations referred to in the conference committee. deduction available in the case of stock that section. The effect of these prac­ The SPEAKER pro tempore (Mr. casualty insurance companies writing tices would be to permit covered em­ ALBERT) . The question is on agreeing accident and health contracts. The ployees to purchase their own retire­ to the conference report. Senate receded from its amendment. ment annuities with tax def erred The conference report was agreed to. Mr. Speaker, it is appropriate that moneys. The staffs of the Joint Com­ A motion to reconsider was laid on the the House should approve this confer­ mittee on Internal Revenue Taxation table. ence report. and the Treasury Department have been Mr. MILLS. Mr. Speaker, I ask unan­ Mr. MILLS. Mr. Speaker, Members requested to study this matter and re­ imous consent that the gentlemen from of the House will recall in the form in port whether any changes in the law Illinois [Mr. MAsoN] and I may extend which it passed the House of Represent­ may be desirable in this regard. our remarks at this point in the RECORD. atives the purpose of H.R. 4317 was to The SPEAKER pro tempore. Without amend the Internal Revenue Code of objection, it is so ordered. 1954 to incorporate provisions for the COMMUNITY HEALTH SERVICES There was no objection. payment of annuities to widows and cer­ AND FACILITIES ACT OF 1961 Mr. MASON. Mr. Speaker, the legis- tain dependents of judges of the Tax Mr. HARRIS. Mr. Speaker, I call up . lation on which the conference report Court of the United States in a manner the conference report on the bill ermitted projects I am advised by the gentleman from ity to make the det-ermin-aition and pro­ already a-ppr.oved under the usual pr-0- Alabama, chairman ,of the Subcommit- vide whatever funds are available for cedure to be completed. The-committee tee on Health -and Safety, that it may that particular project. endeavored to take care of all these be possible tor some of the hea1ings to Mr. QUIE. I thank the gentleman. projects in order that nothing might be begin in November of this year. Mr. LAIRD. Mr. Speaker., w'ill the u_pset which had been, planned under Mr. HARRIS. If the gentleman will ,gentleman yield? that program. I might say that it may permit., I am sure that the gentleman Mr. HARRIS. I yield to the gentle­ be necessary tbat :some of the iprojects has good intentions with reference to man from Wisconsin who, incidentally, which .come under that program may the distinguished chairman of the sub- has done -a tremendous job in this neld have to be reduced. -committee, but as ,chairman of the iull :and :contributed so much to the research The Appropriations committee appro- -committee, we have not made .any .such construction program. prlated $5 million to carry out the pl-an:s. I would .have to .discuss that Mr. LAlRD. I thank the gentleman various projects that had been recom- with both the gentleman and the gen- from Arkansas for his comments. mended. 1n all~ these projects would re- t1-eman from Alabama, but it is not our I would like to ask the gentleman from quire $6,200,000. However, we were intention to hoid any hearings on the Arkansas whether consideration will be assured that some of these -projects eouid legislation during the fall. given to some type of a program that be, after careful reconsideration, modi- Mr. SCHENCK. May I .say to the can complete the already approved g rant fled and all of the :requirements m-et distinguished chairman it was only the appii(:ations under 433(:a) that have been within the '$5 million appropriation. expressed hope of the gentleman from a:pproved by the National Advisory Can­ It would include the project in which Alabama that w,e might have some hear- eer Counci1. Under the terms of the the gentleman from Ohio ,[Mr. .BROW.NJ mgs later this year; but, in any event, bill as it passed the Rouse. the projects is greatly interested involving about they wm be he1d early next year. that have 'been approved by the Advisory $143,000 which haci been approved at the Mr. HARRIS. I am glad the gentle- Cancer Council would all have been Children's Hospitai at Columbus, Ohio. man from Ohio brought that into the funded. Under the :terms of this con­ I believe w,e were assured that the total discussion. It was agreed in conference ference r.eport, we will only fund an­ am~lIDt that had been programed for that these two programs. the one I had other $5 million in approved projects this project in the sum of $14~.ooo wotild , refer-ence under section 433 (a) and the of the National Advisory Cancer Coun­ be pa.id out 9f the funds appropriated one with ~e!.E:renee to the Health Re- cil. Will consideration be given in the for trus fiscal year. ~arch Facil~ties Act, W-?llld be the sub- new legislat'ion to tnis whole area of The Senate aooeded to the repeal ·of · J~ct of heanngs .early un 'the next ses- nomnatched construction grants. In the parenthetical language in section ·smn of Cong,ress. We agreed ron the the area of caneer research, facilities are 433 (a, in order that we can pr-0ceed with ·floor of the House when we had the ~t- the greatest need that we have today; the ·regular matching program under the ter :;1P for deba~ th,at :Ve ~ould h~1d It is not personnel; it is not funding

Health Research Facilities Act 0 The re- hearmgs to CODSlder legISlation dealing for research projects. .Jt is funding for peal of that provision would be effective with these two ~.ograms. V:,e will con- facilities. It seems · to · me that the July 1 1962. That was one of the major duct these hear~ early m the next House-passed bill faced up to this in a amendments session. That is our intention. much more adequate manner than does In connection with the authorization Mr~Q~IE. Mr. Speaker, will the ,gen- the conference report. I realize the dif- of $10 million for demonstration hospi- t!eman Y!le!d? 1ieu1ties under which the H-0use con­ tals, which includes a project for a hos- Mr. HAR~IS. 1 yield to the ,gentle- ferees were working, but it seems to ,me pita! for demonstration ;purposes for the man fr.om Mumesota. t'hat this. 1s .a ma;tter w.hich should be Mayo Clinic, · w,e have agreed to an Mr. QUIE. I would like to ask a ques- given real , consideration by the Rouse amendment which the Senate included tion of the cilainnan. l am very h9ippy .Interstate and 'Foreign Commerce Com­ in the bill. This amendment would pro- with the report as it comes out fl'om mittee. vide that any demonstration project conference. But I wan.t to dear u:p one Mr. HARRIS. I would like to .say to where only a por.tion of such proJect.may thing il'l regard to the Senate amen-d- the gartleman from Wisconsin that he, be .considered to be .devoted to ,such pnr- , ment on which the House has receded. as a member -of the Subcommittee on pase, the .Surgeon General would de- - Does Ulis mean Fed_eral -i:unds, can or _ Appropriations, nas given a 1ot of study, termine how much o! such project may cannot be made available for the con- thought, and attention to tbis problem be so considered. This question of dem- . st.ruction of total hospital facilities when and he is w.ell aware -0f the fact that onstr.ation hospitals w.as dealt with by the entire hospital design .and its func- there was appropriated ,$5 million for theAppropriations Committee and.many tio:ns :are :for experimental purposes? the last fisca,l year f-Or these pr-0jects of the member.s were concerned with a Mr. HARRIS. I 'Would like to say to that have been 11ecommend-ed by the project at the Mayo Clinic. That has the gentleman that he has Teference to Advisory Council of the. Caneer Insti­ also been taken care o.! in connection the total hospital., and I -emphasize for ·tute. This year, as the gentleman well with the Senate amendment in which the information of the Members of the knows, an additional '$5 million was ap­ tlle House concurred. House the word '"totar• ,because that is propriated for that purpose. AU of the Mr. SCHENCK. 'Mr. Speaker. will .all important in the gentleman's ques- projects that .have been recommended the gentleman y'ield'? tion. If the entire or total hospital is by the Council would amount to some Mr. HARR'IS. .I yield to a member -designed to .be used in all its different $11.2 million. OonsequentlY. the proj­ of the committee and a member of the - aspects .:for :such :research and demon- ects. in the -sum of ,$1'0 million. are being conference4 t'he gentleman from Ohio. stration purposes, then under the provi- taken care of and, as I mentioned ear- Mr. SCHENCK. ,MT. Speaker, the sions of the aet it ,could be done. But lier, the $'1.2 miHion that h'&d been original bill came uut of the Committee where the hospital is ,designed for var- programed, '8.S approv-ed -by this Council, on Interstate and .Foreign Commerce ions tradition purposes and only a part wou'l,d not be taken caTe of. But, we by unanimous vote. ·we were very of lt ls designed !or demonstration and were advised that they could modify pleased with the bill as it was 'approved .research pW'poses, the Surgeon General, the program and they believe that they in the House. ln confErence we tried under the provisions o.f this amend- could do a very g-0od job .so that ,most our best to 'SUStain the position of the ment, may allocate sueh matching funds every-one interested in these tunas would House in this measure as -approved. as he determines to that demonstration be 'Satisfied Philadelphia Sym­ ago when the Metropolitan Opera in security. Surely it is also in the na­ phony Orchestras, Jose Limon, the cast New York City closed down, or threat­ tional interest to strengthen the arts. A country is not strong if its culture is of "Long Day's Journey Into Night," the ened to close down, for the 1961-62 sea­ Helen Hayes Troupe, and the New York son, that I received letters from all over neglected while other areas of human the United States asking "What are you endeavor advance. What are we afraid City Center Ballet Corps. Louis Arm­ people in Washington going to do about of? Are we afraid of giving recognition strong, Benny Goodman, and other jazz this? This is an institution that belongs to something which is just as important greats have given renditions of unique to the country and not to any one lo­ as gearing up to send a rocket to the Americana. Funds have been budgeted cality." moon? to the State Department for foreign in­ ·Mr. Speaker, let us not forget that the The extent to which we advance cul­ formation and exchange activities. Of prior administration originally asked for turally directly bears on our interna­ this, more than $34 million is being de­ this legislation. tional posture. The universal language voted to educational exchanges, of ::,.. 1961· €ONGRESS10NAL RECORD-· HOUSE 20501 which a substantial part directly con­ In my opinion, this proposal is a The SPEAKER pro tempore. The cerns the creative arts. sound and logical step which the Fed­ time of the gentleman from New York State is not the only agency of Gov­ eral Government can and should take. [Mr. LINDSAY] has expired. ernment concerned, even modestly, with A strong Council would make itself felt Mr. GROSS. Mr. Speaker, I yield 5 the arts. The Library of Congress op­ throughout government. It would in­ minutes to the gentleman from Michi­ erates a Music Divis-ion which not only troduce an element of purposeful, au­ gan [Mr. HOFFMAN]. collects material relating to music, but thoritative direction to Federal endeav­ Mr. HOFFMAN of Michigan. Mr. also conducts ·a performance program. ors affecting the arts. Speaker, the gentleman who just left the While the program -is financed by private In our States a great deal has been floor made the statement that there has gifts, the aegis of a Federal agency gives done. Ten of our States have programs been some sniping at this bill. If the it a special impulse. The General Serv­ for the systematic improvement of the gentleman does not understand our ob­ ices Administration, a little known but arts. These are: Louisiana, Maine, jections direct and clear it is regrettable, vastly important branch of the Federal Massachusetts, Minnesota, New York, but those of us who oppose the bill tried Government, is charged, among other North Carolina, Pennsylvania, Utah, Vir­ to make our views understood. I am things, with the responsibility of design ginia, and Wisconsin. All have estab­ quite sure that the gentleman from Vir­ and construction of all buildings of the lished some organization to assist, by ginia [Mr. SMITH], was not doing any Federal Government. Its annual pay­ grants in aid and advice, their local arts sniping. Some heard him say the bill ments to architects, muralists, sculptors, enterprises. They have aided theaters, had been considered by the Rules Com­ and painters are quoted in astronomical managed museums, supervised artistic mittee. Another gentleman inquired figures. improvement of State buildings, and ar­ about the meaning of section 5 on page 5 . Strange as it may seem, the Depart­ ranged for exhibits. Their work is good, was seeking information, but did not ment of Defense carries on its payroll and, in my opinion, should be duplicated get any. And if anyone has any infor­ more than 3,000 employees categorized in the other 40. mation at this time and can give it in by the Civil Service Commission as be­ But there are some problems confront­ a few words some of us would like to ing concerned with the "fine and applied ing us which cannot be dealt with by city know just exactly what those refer­ arts." One would not consciously select or State. One is the ceaseless challenge ences mean. Who is exempted and from the Defense Department as a vehicle for of the Iron Curtain countries seeking what? I am referring to lines 18, 19, stimulating the arts. dominion over the uncommitted masses and 20. You will recall the surge of patronage of the world. Another, less acute but I have waited but there does not seem of the arts-painting particularly-in­ equally fundamental problem and which to be anybody who knows anything about itiated during the depression by the Fed­ only a national approach can reach, is it or at least does not desire to explain. eral ·Government. These programs were that of establishing some common As I understood the gentleman from intended primarily to provide jobs for ground with all people, simply in the Virginia [Mr. SMITH], he said that this unemployed artists. . interest of living a little more expan­ bill has been before the Committee on The many proposals riow pending in sively. What better ground can there Rules for some time. Many object to the Senate and House have turned the be than the sharing of common cultural passing legislation about which we not eyes of Congress and the coun'try square­ pursuits? In these areas, and for these only do not know but cannot learn from ly on the fundamental question "What. reasons, the Federal Government must those who are in charge. should we do for the arts?" ~ face up to the fact that it has a part to Mr. THOMPSON of New -Jersey. Mr. To such a question most of us respond play in the future development of the Speaker, will the gentleman yield? . with three more: What is the need? arts in this country. Mr. HOFFMAN of Michigan. Briefly . . Can we do it? What will it cost? · The approach must be step by step. Mr. THOMPSON of New Jersey: I There is not much doubt about the It must be cautious; it must be made should be glad to answer any questions ne·ed to do something. Our current Fed­ with due regard to the potential effec­ the gentleman might propound. eral dealings with the ·arts are chaotic. tiveness of local government; and it must Mr. HOFFMAN of Michigan. Just Innumerable subdivisions of offices, of be undertaken with full appreciation of what does section 5, on page 5 mean? bureaus, of departments are struggling the possible pitfalls-and the expense­ Mr. THOMPSON of New Jersey. It is with problems of vast significance. They involved. Before Congress is to embark explained on page 5 of the report. are operating programs dispensing mil­ the Nation on a program of unified, Mr. HOFFMAN of Michigan . . Begin­ lions annually, and they have done, all purposeful art patronage, it must be ning with "sections 281, 283, 284, and things considered, a remarkably .good confronted with the coincidence of a 1914 of title 18," and so forth. job. compelling need, a feasible plan, precise Mr. THOMPSON of New Jersey. Sec­ · But duplication, lack of direction, lack projections as to cost; and a clear and tion 5 waives the so-called conflict-of­ of integration have been tne byproduct. unmistakable call from the conscience of interest laws in . the case of members There appears to be a crying need for the people. of the Council, persons assisting the coordination, for study of objectives, The bill will provide the mechanism Council to make its studies, and other for a systematic and informed review of for continuous stimulation and for fu­ persons appointed, employed, or utilized results. This proposal, before us today, ture action . .In a modest way, the Fed­ in any advisory_or consultative capacity is · directed toward this ·need; We ·pro­ eral Advisory. Coriricil on the Arts, by under this legislation; however, this pose simply the · formation of a Federal waiver would not extend to actions of Advisory ·· Council on the Arts. The m~king studies and recommendations, such. persons with respect to any con­ Council, to be a part of the Department could exert a unifying force upon the tract or arrangement between the Coun­ of Health; Education, and Welfare, current diverse Federal cultural pro­ cil and the employer of any such person wo'uld be· composed of 21 members, all­ grams. or ·a business -in which su.ch person has of whom . would pe private: citizens -al?- · The Council these bills · create · couid a direct or-indirect interest; and so on. pointed by the President. They would not administer subsidies. Subsidies are It is perfectly clear. represent in approximate proportions not provided by this bill. It would, Mr. HOFFMAN of Michigan.. As I the major art fields, which the bill de­ nevertheless, provide a significant na­ understand it, then, there can be no . scribes as "music, drania, dance, litera­ tional impetus to the systematic ex­ conflict of interest here? ture, architecture and' allied arts, pho­ change of views on cultural matters. It - Mr. THOMPSON of New Jersey. That tography, graphic and craft arts, motion would give the · arts a · national spokes­ is right. pictures, radio and television." The man and a national forum. It would Mr. HOFFMAN of Michigan. They Council would have the power to under­ elevate its status in national councils. are just exempt froni all of that. take studies and make recommendations Surely we owe the arts-and our peo­ Mr. THOMPSON of New Jersey. No. .. toward maintaining and increasing the ple-that mtich. · That is what the proviso language is for . cultural resources of the United States; Responsible policies to su~tairi and en­ If the gentleman will read page 5 of to propose methods to .encourage private hance the arts. are essential to the gen­ the . report he will have that, I think, initiative in the arts; and to. foster artis­ eral welfare and the national interest at · explained to his satisfaction. tic and cultural endeavors and the use home and abroad. Accordingly I urge Mr. HOFFMAN of Michigan. In any of the arts in the best interests. of our the House· to act' favorably on this im- event, my basic. objection to the bill is country. · portant legislation. · · · that practically every day the papers or 20502 CONGRESSIONAL RECORD - HOUSE .. September 20 someone In the executive branch comes Mr. THOMPSON of New Jersey. Any emmental intervention, domination, or out with a message which, if really in­ ag-ency requesting their advice with re­ direction of the road our American cul­ tended to state facts, frightens some of lation to the matters set forth in the ture takes. We do seek to officially rec­ us. From one day to another we do not legislation. ognize that the arts play an enormous know what is coming. This morning I Mr. HOFFMAN of Michigan. Permlt role in any civilization and therefore learned from one of our colleagues from me to read from page 2 of the bill: . national encouragement should be given Wisconsin that during his short visit SEC. 2. (a) There is hereby established in to their natural development. home he was notified that the 24th, I the Department of Health, Education, and In this day of material progress there think it was, Wisconsin Division, was Welfare a Federal Advisory Council on the is a growing awareness that one of the called up. We are told the Texas ar­ Arts • • •. The Council shall be composed intangible bases for our civilization-a mored division has been called. The of twenty-one members appointed by the strong cultural heritage-is not keeping President from among private citizens of the pace. It is pointed out that the Ameri­ gentleman from Wisconsin reported that United States who are widely recognized for in one town there were 400 young men their knowledge of or experience in, or for can people are not as esthetically crea­ who were called to leave home and fam­ their profound interest in, one or more of the tive as have been other peoples through­ ily before October 15-ready to serve arts and who collectively will provide an out history. But as the average working beyond our shores. appropriate balance of representation among day decreases in length and the life span We have been told so many times about the major art fields including music, drama, of our people increases, each of us will the national debt and the deficit, the dance, literature, architecture and allied have a greater opportunity for original daily deficit, that we are growing weary arts, painting, sculpture, photography, creation and for the enjoyment and of hearing. We have become hardened graphic and craft arts, motion pictures, ra­ appreciation of the accomplishments of to our condition. We may not realize dio, and television. others. I hope that we will take advan­ what we are up against. With all the Each member of the Council, except tage of these opportunities. danger said to be threatening us, one those appointed to fill a vacancy and It is with these thoughts in mind tllat of two things is true, either the admin­ those whose terms are otherwise limited, I urge the approval of the proposed Fed­ istration and the press are not telling holds office for 6 years. eral Advisory Council on the Arts. Both us the truth or we just have no business Each member of the Council is to be the Kennedy and the Eisenhower admin­ spending one single dollar on things that paid "at a rate to be fixed by the Secre­ istrations have recommended it, and I are not now necessary for our security. tary, but not exceeding $75 per diem, and am sure that those directly engaged in Mr. GROSS. Mr. Speaker, will the shall be paid travel expenses, including the various cultural endeavors will wel- gentleman yield? per diem in lieu of subsistence, as au­ come it. · Mr. HOPFMAN of Michigan. I yield thorized by law." Mr. THOMPSON of New Jersey. Mr. to the gentleman from Iowa. Note again, the language of section 2. Speaker, I yield to the gentleman from ~- GROSS. How can we spend The Council-and I now quote. "will pro­ Connecticut [Mr. GIAIMO] such time as money for this purpose in this country vide an appropriate balance of repre­ he may require. and spend it in the foreign aid bill for sentation among the major art fields in­ Mr. GIAIMO. Mr. Speaker, I rise to practically the same purposes? We are cluding" those previously named. support this bill, and in doing so, I cede going to export our culture under the When men are being called, as they are priority to no man when it comes to con­ foreign aid bill, performers and all that today, to leave their homes and go to cern for the economic soundness of this sort of thing. Practically everything war, a war which will strain our ability Nation. But I ·must express amazement that is in this bill was in the foreign aid to provide adequate munitions of war, with remarks made by some of my col­ bill. How can we take care of foreigners why should we create a council to pro­ leagues in which they· admit ignorance and take care of ourselves? vide a balance of representation among about the arts and even more, a blatant · Mr. HOFFMAN of Michigan. To the the major arts? Or, for that matter, any lack of concern for artistic culture of the extent desired we cannot. Section 2 of the activities named. True, music American society. Do these gentlemen establishes a Federal Advisory Council. may cheer the boys as they march off to seriously believe that the basic heritage Who are they to advise, may I ask the war or welcome a lessened number as of our country lies in its vaults, in its gentleman from New Jersey? they return, leaving many of those who bankbook? I have devoted much atten­ Mr. THOMPSON of New Jersey. Ob­ marched and fought with them behind. tion to our Government's budgetary viously they are to advise the Federal Why study at the taxpayers' expense. problems, but I cannot and I believe his­ Government. painting, sculpture, motion pictures, and tory will not equate doliars with ideas, Mr. HOFFMAN of Michigan: But TV or dances, while preparing for a war moneybags with human creativity, gold who? which we lack the dollars to carry on? with the cultural vitality that sets a Mr. THOMPSON of New Jersey. The If my colleague from Iowa can get any nation thinking, searching, living, fight­ Federal Government, of which the gen­ information showing the need for this ing, and dying. Masses of men do not tleman is such a distinguished part. bill it would be helpful. fight and die for gold-individuals may, Mr. HOFFMAN of Michigan. Gold­ Mr. THOMPSON of New Jersey. Mr. a power-hungry oligarchy may, a ma­ berg? Speaker, I ask unanimous consent that terialistic cabal may-but men in great Mr. THOMPSON of New Jersey, Not the gentleman from Massachusetts [Mr. numbers, the common people of the Goldberg. CONTE] may extend his remarks at this earth, do not. Mr. HOFFMAN of Michigan. Udall? point in the RECORD. Ancient Athens was wealthy. I wonder The Department of the Interior? The The SPEAKER pro tempore. Is there who here now can stand and do honor to Department of Labor? Who or what objection to the request of the gentleman her fiscal programs in a manner equal­ agency or department are they to advise? from New Jersey? ing the glory that has been heaped on Mr. THOMPSON of New Jersey. The There was no objection. her magnificent cultural contributions to Congress of the United States, of which Mr. CONTE. Mr. Speaker, I have felt the Western World. Rome commanded the gentleman is such a distinguished for some time that everything possible riches from· every corner of· the known Member. should be done to encourage the further world in her day. How has ltjstory re­ Mr. HOFFMAN of Michigan. Regret­ development of an identifiable American· membered her gold, compared to man's fully I must ask the gentleman from New culture through literature, music, and memory of Cicero, Horace, and the age­ Jersey to tell me which department and the fine arts. Today we are considering less Virgil? Mankind remembers Mae­ whq in it is this Council to advise? a measure, which I wholeheartedly sup­ cenas, not because of his wealth, but be­ Mr. THOMPSON of New Jersey. The port, to contribute to this development. cause of what he did with his wealth. Council meets at the call of the chairman A Council on the Arts can add substan­ Maecenas gave the world Virgil and · or the Secretary of Health, Education, tially to the stimulation of individual in­ Horace, and through them, he staked his and Welfare, Hon. Abraham Ribicoff. itiative in the arts and to a greater cul­ claim in the history books. The Council would advise the President tural appreciation by the American The accumulation . o:t wealth and and the various agencies of Government. people. power, the construction of sound gov­ Mr. HOFFMAN of Michigan. Which We who support the creation of this ernments, are but means to an end; they. ones? 21-member council do not seek gov- are tool~ with which man .seeks the 1961 ' CONGRESSIONAL RECORD-, HOUSE 20503 peace, the beauty, the joy of life and ment to serve small purposes? I think Finally, the proposed Council could serve a living that does homage to his Creator. not. I think Americans hold loftier very useful purpose in advising the depart­ ments and agencies of Government with The whole world has marveled at Ameri- dreams than some of my colleagues here respect to programs and policies affecting ca's productive genius, her political will grant them. And Americans-being cultural and artistic endeavors. For in­ strength, and the power which she has what they are--will not be frustrated in stance, I am certain that the recently estab­ steadily acquired because of these ac- their quest for nobler things to accom­ lished Board for the National Cultural Cen­ complishments. Today, our Nation is a plish. ter would beneflt from the views of such a collosus, and fully recognized as such. Mr. THOMPSON of New Jersey. Mr. Council. Incidentally, the proposal for a But, to what end is this collosus striv- Speaker, I yield such time as he may National Cultural Center here in the Nation's ing? August Heckscher contributed to require to the gentleman from Pennsyl­ Capital is, I feel, an excellent example of the kind of recommendations we could ex­ the report of President Eisenhower's vania [Mr. FULTON]. pect from the proposed Advisory Council. Commission on National Goals, and in Mr. FULTON. Mr. Speaker, I support his article, he warned that: - and urge the passage of H.R. 2569, the During the present Congress, as well This country is being watched by peo- bill to provide for the establishment of as previous Congresses, responsible pies • • • many of them as new to nation- a Federal Advisory Council on the Arts. Members of both parties have united in hood as they are old in cultural achieve- This legislation has been recommended support of this legislation. In the 86th ments • • • who ask whether under a on a bipartisan basis and will place the Congress I had cosponsored the legisla­ system such as ours the highest values can emphasis on progress and development tion through my bill, H.R. 5620, joining be maintained. of the arts in America. with my colleagues in recommending its . I say that they can be, and I say that President Eisenhower recommended passage. In the present Congress I have the desire of the American people that this kind of legislation in his 1955 state again worked for the passage of this they shall be should be manifested in of the Union message: legislation and filed a bill, so I am today the actions of this Congress. That this In the advancement of the various activ­ acting as cosponsor. can be done under our system is proven ities which will make our civilization en­ I am glad to hear that Mr. David in the British Arts Council, the Old Vic, dure and flourish, the Federal Government Finley of the Commission of Fine Arts the Royal Ballet, and opera. The prom- should do more to give official recognition of Washington likewise favors the pas­ ising partnership which can be forged to the importance of the arts and other sage of this legislation. Also John between government and the arts in a cultural activities. Walker, Director of the National Gallery democracy has been demonstrated by Vice President Richard Nixon also has of the Smithsonian Institution, likewise the Opera Comique, the Comedie Fran- given his support of this legislation, recommends action be taken. It is a caise, Scala Opera of Milan, the Am- stating: pleasure to know that such men of high sterdam Concertgebouw, the Salzburg I wholeheartedly support the objective of rank in the field of the arts feel that this Festivals, the Vienna State Opera. stimulating the advancement of the per­ legislation is a move toward progress in If reason is needed why we should forming arts and promoting increased public these cultural .activities. I urge my concern ourselves with the arts as well appreciation of their important role in our friends in both parties to give careful as with budgets, I call attention to the national life. . • . consid~ration to this legislation and vote fascinating role whieh the muses have I think that a good first step toward. meet­ favorably for its passage. been playing in the battle for men's ing that objective would be a proposal by Mr. THOMPSON of New Jersey. Mr. this administration to create a Federal Ad­ Speaker, I yield such time as he may re­ minds in Germany. In December of visory Council on the Arts within the De-· 1958, Howard Taubman of the New York partment of Health, Education, and Welfare. quire to the gentleman from New York Times reported that "the arts have [Mr. LINDSAY]. become one of the sharpest weapons in The present administration has en­ Mr. LINDSAY. Mr. Speaker, the an­ the competition for German minds. dorsed this legislation. Both President swer to the question asked by the gentle­ Berlin is a major battlefield in this con­ Kennedy and Secretary of Health, Edu­ man from Michigan is to be found on test." In this regard, gentlemen, I can­ cation, and Welfare, Abraham Ribicoff page 3 in section 3 of this bill, and the not help but wonder that this Govern­ stated their support, Secretary Ribicoff answer is just as plain as it possibly can ment which refrained from building a saying: be. Section 3 of the bill reads as follows: cultural center in Washington did not Enactment of this b111 (H.R. 4172) would SEC. 3. (a) The Council shall (1) recom­ hesitate to help build one in West Berlin. • • • be a desirable forward step in the mend ways to maintain and increase the expression of the profound national inter­ cultural resources of the United States, (2) Every mature society is concerned with est in the encouragement and development propose methods to encourage private ini­ encouraging the creative abilities of its of the practice and appreciation of the arts tiative in the arts, (3) cooperate with local, members. This has been the mark of by our people and the consequent enrich­ State, and Federal departments and agencies every great civilization since the dawn ment of our national life. to foster artistic and cultural endeavors and of time. To encourage enjoyment of the use of the arts in the best interests of and participation in the arts, which make Mr. Flemming, Secretary of Health, of our country, and (4) strive to stimulate our life on earth pleasant, beautiful, and Education, and Welfare under the Eisen­ greater appreciation of the arts by our stimulating, has been the goal, not only hower administration, testified in favor citizens. of ancient Rome and Athens, but of of this legislation on behalf of the Eisen­ Mr. Speaker, comparable language ap­ modern societies as well. I would like to hower administration during the 86th pears in the statutes of many of the 10 quote more from Mr. Hecksher's report: Congress, 1st session, on June 10, 1959, States that have arts councils of this before the Subcommittee of the Educa­ The arts are a vital part of human ex­ kind, and which have been enormously perience. In the eyes of posterity, the suc­ tion and Labor Committee in the H·ouse successful in coordinating and pulling to­ cess of the United States as a civilized so­ of Representatives, stating: gether the efforts of the States in this ciety will be largely judged. by the creative A second reason for our support of this regard. activities of its citizens in art, architecture, legislation-and a basic consideration looked Mr. GROSS. Mr. Speaker, I yield 1 literature, music, and the sciences • • • our at from the standpoint of our Department-­ society must stimulate and support richer is the national interest in promoting the minute to the gentleman from Kansas cultural fulfillment. educational, cultural, and personal devel­ [Mr. AVERY]. The ultimate dedication to our way of opment of our own citizens through a more Mr. AVERY. Mr. Speaker, I have life- widespread appreciation of and participation asked for this 1 minute to propound a in the arts. A principal result of ever­ question to the gentleman from New Mr. Heckscher wrote-- increasing productivity, coupled with longer Jersey. I wonder if the gentleman from will be won not on the basis of economic life spans, is that individuals have more op­ New Jersey could tell us just what con­ satisfaction alone, but on the basis of an portunity for creative activity than ever be­ nection, if any, there is between 'this bill inward quality and an ideal. fore in our history. The development of cul­ and the bill passed by unanimous consent tural and artistic - interests serves a dual Is the ideal for which America stands purpose, in that it contributes to the well­ earlier today. That bill also dealt with a balanced budget? Shall we be known being of the individual by developing his culture; did it not? to future generations as the nation creative abilities, and, at the same time, it Mr. THOMPSON of New Jersey. I which gathered wealth for the sake of enables the individual to further enrich our would hardly think there is any connec­ wealth and structured a great govern- civilization. tion. The bill passed earlier today, to 20504 CONGRESSIONAL RECORD - HOUSE September 20 which the gentleman referred, dealt with arts. But perhaps just as important, However, we ·might look at the more the establishment of a memorial com­ this groUP would function on a practical positive, and certainly more optimistic, mission for Wood.row Wilson. In a sense level, acting as a clearinghouse for the side of the picture in New York. Perhaps that might be considered a cultural ac­ consideration of methods by which the the most far-reaching and progressive tivity. but only in a ver,y narrow sense. Government might appropriately and ef­ measure taken on a statewide basis is the Mr. AVERY. In other words, that bill fectively act to encourage and stimulate recent establishment of the New York was entirely confined to that one objec­ both artistic endeavor and appreciation State Advisory Council on the Arts. Last tive? on the part of citizens. It would be an year the State legislature passed a bill Mr. THOMPSON of New Jersey, It excellent way of coordinating both pri­ to create this State commission to make was, indeed. vate and public activities in the arts. a comprehensive survey of the State's Mr. AVERY. 1: thank the gentleman. This is a clear, logical approach for de­ cultural resources and to make recom­ Mr. GROSS. Mr. Speaker, will the termining real needs ln this field and mendations concerning appropriate gentleman yield? making recommendations for their solu­ methods to encourage participation in Mr. AVERY. I will yield the remain­ tion in an orderly and reasonable fash­ and appreciation of the arts. I think the der of my time to the gentleman from ion. The purpose of the bill, simply stat­ similarity of purpose and language be­ Iowa. ed, is to open the door to a multitude of tween this council and the proposed Fed­ Mr. GROSS. I think the House ought possible activities which could be within eral Advisory Council on the Arts is to be made aware of the fact that this the proper realm of the Federal Govern­ worth noting. bill provides $100,000 for the fiscal year ment--"to assist in the growth and de­ Even more significant, however, is the ending June 30, 1962, and for each suc­ velopment of the fine arts in the Nation's fact that New York has served as a test­ ceeding fiscal year. In other words, this Capital and elsewhere in the United ing place for the effectiveness of such is limitless. States." The Council would undertake councils. The State has already begun The SPEAKER pro tempore. The studies and recommend ways to encour­ to support tours of cultural groups to time of the gentleman from Kansas has age creative activities, participation in, areas which otherwise might not enjoy expired. and appreciation of the arts. Its mem­ these opportunities. The council is cur­ Mr. GROSS. Mr. Speaker, I yield 1 bership would include 21 private citi­ rently administering a fund of $450,000 minute to the gentleman from Ohio zens with genuine interest and experi­ to assist tours of such outstanding or­ [Mr. Bow]. ence in the major art fields. ganizations as the New York City Opera Mr. BOW. Mr. Speaker, I have asked The Council could, through its influ­ Co., the New York Philharmonic, the for this time to ask the gentleman from ence, eventually extend the opportuni­ New York City Ballet, the Phoenix Thea­ New Jersey whether or not there is any­ ties for participation in the arts outside ter, the Rochester Philharmonic, and the thing in this bill which conflicts with the the large metropolitan areas, where Buffalo Philharmonic. authority or functions of the Board of they are often concentrated. From the Ag.ain, Patrick Hayes has commented: Regents of the Smithsonian Institution. standpoint of the artists themselves, The formula is simple. An orchestra like Mr. THOMPSON of New Jersey. moreover, the proposal offers the oppor­ the Buffalo Philharmonic can command a There is nothing in this bill that con­ tunity for much greater exchange of fee of about $1,500 for an engagement In flicts with the authority or functions of ideas and mutual consideration of Jamestown, or Olean, or Watertown. The common and individual problems. Such cost of ,playing the date, to get there and the Board of Regents of the Smithso­ bac~. pay the musicians; feed and house nian Institution. communication between persons of this them for the day, haul the baggage, print Mr. BOW. Has the Smithsonian In­ caliber and creative ability would pro­ the programs-is about $4,500. The home stitution in any way expressed its po­ duce only the most fruitful results. In budget always pays for most of this-tour­ sition on this bill? summary, then, the Council would first, ing has always been regarded as a not too Mr. THOMPSON of New Jersey, It recommend ways to maintain and in­ expensive -way of extending a symphony sea­ crease the cultural resources of the son; but now the next level of government; has, and it has expressed its endorse­ the State itself, will step in and insure the ment of this bill. United States; second, propose methods to encourage private initiative in the stability of a tour, and a larger tour to more Mr. BOW. May I ask whether or not cities on the list. The plan is called a first there is anything in this bill that in any arts; third, cooperate with local, State, major venture in subsidizlng the arts. · The way invalidates or conflicts with the ju­ and Federal departments and agencies money is taken from the State treasury­ risdiction of the National Gallery of to foster artistic and cultural endeavors taxpayers' money. It is all as plain, simple, Art? and the use of the arts in the best in­ and direct as that. The idea is a good one; terests of our country; and fourth, strive it has been carefully reviewed, and found Mr. THOMPSON of New Jersey, In­ to be wise and in the public interest.11 deed not, sir; no. to stimulate greater appreciation of the The SPEAKER. The time of the gen­ arts by our citizens. Within the city of New York the Lin­ tleman from Ohio has expired. I have mentioned the fact that many coln Center for the Performing Arts, Mr. THOMPSON of New Jersey. Mr. opportunities for participation in the scheduled for operation in 1964, offers a Speaker, I yield back the balance of my arts are concentrated in metropolitan splendid example of what can be accom­ time. areas of the larger cities. This is not plished by private initiative in coopera­ Mr. RYAN. Mr~ Speaker, I enthusias­ to suggest that these same cities are tion with Government. It is a cultural tically support H.R. 4172, to establish without problems and needs of their project which should greatly enhance a Federal Advisory Council on the Arts own. My own city of New York, which the role of the performing arts not which has been favorably reported by only in New York, but in America to­ has made tremendous strides forward in day-music, the opera. drama, and the the Committee on Education and Labor. recent years, is still beset with problems. dance. Nor have the educational as­ Clearly, the United States has lagged As Patrick Hayes, consultant for the pects of this undertaking been neglected. behind many other great nations in ac­ cultural presentations program of the The Juilliard School of Music as well as cording the arts the same recognition State Department, so vividly pointed out the High School of Music and Arts, the and support which we willingly provide at the recent hearing on aid to fine arts: School of Performing Arts, and the New for other phases of our national life. In There 1s no one distressed area in the field York Public Library's music division other areas, the activities of the Gov­ of arts. The problem. is entirely national and music library will also comprise ernment have far more accurately re­ and widespread. The only variables are integral parts of the center-in addi­ flected the composite interests and values those of degree-New York City, giant that tion, of course, to the well-known or­ of the people. The arts in America to­ it is, has its problems-it almost lost Car-' negie Hail; lt may lose the Metropolitan ganizations of the Metropolitan Opera, day are striving for recognition-rec­ the New York Philharmonic Orchestra, ognition in a manner worthy of their Opera House; Lincoln Center is still a long distance from its total financial goal.1 and the City Center of Music and Drama, beneficial influence on the lives of our with its Theater for Dance and Operetta. citizens. I believe a Federal Advisory A repertory theater will be housed in Council on the Arts represents a fine .1 U.S. Congress. House. Committee on beginning t.oward this end. · Education and Labor. Aid To Fine Arts. the same building with the library mu­ Hearings before the Select Subcommittee on seum. First and foremost, the Council would Education, 87th Cong., 1st sess., Washington, symbolize the deep and growing concern U.S. Government Printing Office, 1961, p. :I CONGRESSIONAL REcoRD, daily edition, July which the American people have in the 105. 18, 1961: p. A6419. 1961 CONGRESSIONAL RECORD·...:..:. HOUSE 20505' Yet, ~ven the Lincoln Center, wpich can be expected· to reach literally· mil­ phony orchestra ls to stay 1n being, it needs has met such enthusiasm and wide ac­ lions of people throughout the Nation. ·· money to do so. The same applies to opera claim, has not escaped some degree of Also, the metropolitan area can 1ook companies and ballet and dance companies. controversy, and the usuaf administra-· The business of the proposed Federal Advi­ :forward to the proposed Arts Center of sory Council on the Arts would be to research tive and financial problems. There have Columbia University. At Columbia, of the fundamental questions involved, spot· been reports that financial progress has· course, the educational aspect of the arts the problems in consultation with people been far too slow. One of the saving will be of prime importance, in compari­ from all parts of the country, and set stand­ features of this fact, hQwever,. may be. son with the Lincoln Center, where the ards and bases of qualifications for grants the tax-exemption of its 14 acres. The e~phasis will be on the performing arts to be made. What they do and the course story of the origin of the Lincoln Center specifically, and where its educational they chart will set the tone and indicate is the story of cultural needs. For ex­ aspect, the Juilliard School, will be the direction of our cultural development ample, the New York Philharmonic had. geared to training professionals. for a generation to come.1 never really enjoyed a home of its own. Among other important cultural activi­ I hope my colleagues will carefully Carnegie Hall did provide a home on· ties currently underway in New York are consider the purpose of this bill and many occasions; but, when its existence preparations for the World Fair to be iend their full support to the proposed appeared to be threatened, the Phil­ held there in 1964 and 1965. This fair Federal Advisory Council on the Arts. harmonic had to turn to Hunter College. undoubtedly will prove to be an impor­ The SPEAKER pro tempore. The Clearly, Carnegie Hall has provided tant step· forward in our efforts toward question is: Will the House·suspend the the best arrangements for large concerts greater international friendship, as well rules and pass the bill, H.R. 4172, as in New York to date. Some critics have as a stimulus of special import to the amended? · considered it the only satisfactory one people of our city. Also of current in­ The question was taken, and on a di­ and have remarked on the inadequacies terest, the New York Shakespeare Fes­ vision (demanded by Mr. GRoss) there of the auditorium of the Metropolitan.· tival has overcome opposition from offi­ were-ayes 44, noes 36. They have asserted that there is no ade­ cial quarters to attain the popularity it Mr. THOMPSON of New Jersey. Mr. quate place for ballet companies in the now enjoys. Its recent success, in fact, Speaker, I object to the vote on the city; that dancing on the stage of the has warranted the building of a new ground that a quorum is not present and Metropolitan Opera is downright dan­ theater for the use of the company near make the point of order that a quorum gerous; and the Broadway theaters are, the Belvedere Lake. is not presen".i. at best, very unsatisfactory. It has also Yet, for all its successes in the arts, The SPEAKER pro tempore. Under been observed that New York has no much still remains to be done in our city, the order of the House of September suitable provision for smaller concerts, and certainly elsewhere throughout the 18, further proceedings on this bill will such as chamber music concerts. Even Nation. One positive step which could be postponed until tomorrow. Town Hall with its 1,500 seating capacity be made from the Federal level to remedy is often too large for such concerts arid some of the inequities which exist would is thought not to offer a desirable atmos­ be the abolition of the Federal admis­ GENERAL LEAVE TO EXTEND phere for them. sions tax on tickets to theatrical and Mr. THOMPSON of New Jersey. Mr. Against this background of many other live-art performances. Without Speaker, I ask unanimous consent that needs and problems, the arts have, never­ such assistance from the Government, all Members may have 5 legislative days. theless, been growing in stature and in in fact, the increasing cost of new the­ in which to revise and extend their re­ popularity. According to.one art critic: atrical contracts may well raise the price marks on the bill H.R. 4172. The result has been that musical life 1n of theater tickets completely out of the The SPEAKER pro tempore. Is there New York during the past decade has shifted question for far too many enthusiasts objection to the request of the gentleman far from the little world bounded on the of the arts. north by Carnegie Hall, and on the south by from New Jersey? the Metropolitan Opera. It ls not only the It is this recognition, Mr. Speaker, There was no objection. legitimate theater that is experiencing the which prompted me to introduce H.R. off-Broadway phenomenon. Music has one, 7197, which would amend the Internal too. Concert halls like the one at the Lex­ Revenue Code of 1954 to provide that the AMENDING VIRGIN ISLANDS COR­ ington Avenue YMHA-YWHA are assuming tax on admissions would not apply in PORATION ACT real 1rh.portance. Hunter ,college has a the case of plays, operas, concerts, bal­ major concert series. So has the Grace lets, or other live dramatic or musical Mr. ASPINALL. Mr. Speaker, I ask Rainey Rogers Auditorium in the Metropoli­ performances. It seems to me grossly unanimous consent to take from the tan Museum of Art. Greenwich Village has unfair and inconsistent for the Federal Speaker's table the bill (H.R. 4750> to its coffeehouses where chamber music is amend section 6(a) of the Virgin Islands played and a good amount of new music ls Government, on one hand, to encourage presented. citizens to take greater interest in the Corporation Act, with Senate amend­ What part will the Lincoln Center for the performing arts, while, at the same time, ment thereto, disagree to the amendment Performing Arts play in this upheaval? For penalizing both the theater and its of the Senate and ask for a conference. one thing, it will centralize some of the patrons by this substantial admissions The Clerk read the title of the bill. activity. As an immediate start it will pro­ tax. As Agnes DeMille so vividly stated Mr. JENSEN. Mr. Speaker, reserving vide for several of the great musical organi­ recently: the right to object, will the gentleman zations of New York things they have never tell us something about this bill? had-adequate housing, beautiful surround­ History teaches us an interesting lesson: ings, permanency, and a sense of direction. few cultures have survived long that didn't Mr. ASPINALL. I am asking for a It ls taking four going concerns-the Metro­ have a living theater. We have not kept conference with the Senate. As the bill politan Opera, the New York Philharmonic, up with other countries in developing our passed the House it carried an increase the City Center of Music and Drama, and the national theater • • •. Even the new of $2,500,000. In the other body they Juilliard School- and adding to them a rep­ African countries are ahead of us.4 have authorized $5 million instead. The ertory theater.• Clearly, some major national effort is additional moneys have been requested Needless to say, the physical plants now required to consider the problems by the Virgin Islands Corporation for and pushbutton equipment of each of which the arts are facing and to rec­ the purpose of constructing the addi­ the new structures will be far superior ommend ways for improvement. There tional necessary generating facilities for to anything provided for the arts in is a great need for cultural development their power system. America today. throughout the Nation. Again, I refer The committee in the House decided Another innovation will be the activity to the recent House hearings and the that for the present one generator was of the National Educational Television ably stated testimony of Patrick Hayes: enough; the other body thought there and Radio Center, which is working with should be two. A conference is neces­ Presently established organizations need sary to iron out the differences between the Lincoln Center. When the former more money, and local resources are reach­ center gets its own educational TV sta­ ing the point of no return. The arts cannot the two Houses. The gentleman does tion, the activities of the Lincoln Center stand still, any more than a progressive not object to a conference, does he? people or nation can stand still. If a sym- Mr. JENSEN. Mr. Speaker, I with­ 3 Schonberg, Harold C., "The Lincoln Cen­ draw my reservation of objection. ter Vision Takes Form." New York Times 'Agnes DeM11le on theater. Overview, magazine, Dec. 11, 1960: 10. June 1961, p. 44. 1 "Aid to Fine Arts," House hearings, p. 108. CVII--1296 20506 CONGRESSIONAL . RECORD - ·HOUSE September 20 The SPEAKER pro tempore. Is there TOday in the city of Lexington, Mo., a ern sympathies and many later would objection to the request of the gentleman further observance is being held on the fight and die in the-Confederate armies. from Colorado? exact anniversary of the final day of These were newly recruited or volun­ The Chair hears none and appoints the battle, by the Lafayette County Histori­ teered members of the Missouri State following conferees: Messrs. O'BRIEN of cal Society. The affair will be held in Militia and they were :fighting under New York, RoGERS of Texas, HALEY, SAY­ College Park, which was the site of the Maj. Gen. Sterling Price to repel what LOR, and KYL. Union headquarters during the battle. they felt was a Federal invasion of their· The highlights of the battle will be re­ sovereign Stiite. counted in an illustrated talk by Mr. Sterling Price, who already in his 52 PERSONAL EXPLANATION William E. "Bill" Dye, managing editor years had been a general in the Mexican Mr. JOHNSON of California. Mr. of the Lexington-Advertiser-News, who War, State legislator, planter, Congress­ Speaker, on Wednesday, September 13, has written a history of the battle. man, and Missouri Governor, in the first when rollcall No. 203 was called, and on Before continuing with our remarks, months of the War Between the States Monday, September 18, when rollcall Nos. we think it is most appropriate to observe had been a Union man. 211 and 212 were called, I was shown in the listing of the Civil War Centennial The stationing of Federal troops in as being absent and not voting, having Commission by its office here in Wash­ Missouri, an illegal act Price felt, caused been confined to the hospital during that ington, D.C., that in the chronological him to accept the command of the Mis­ period. Had I been present, I would have naming of observances from 1961 to souri State Militia and thereby to bind voted "aye" on all three rollcalls. 1965, it is very significant to note that his fate with that of the Confederacy, for the entire year of 1961 the Battle of but first to make him the victor at the Lexington is the only full-scale reenact­ unique Battle of Lexington a century THE 100TH ANNIVERSARY OF BAT­ ment of an actual Civil War battle ago this September 20. TLE OF LEXINGTON, MO. fought in the West. There have ·been I say "unique" for several reasons. The SPEAKER pro tempore. Under reenactments of incidents such as seces­ The Battle of Lexington was possibly the previous order of the House the gen­ sion conventions, and there have been the only one fought primarily to get tleman from Missouri [Mr. RANDALL] is dedications, and there was even a com­ recruits for the southern cause. recognized for 30 minutes. memorative ceremony for the Battle of It was the first Civil War battle to con­ Mr. RANDALL. Mr. Speaker, today, Wilson's Creek near Springfield, Mo., but tain an act of courage for which the now September 20, marks the 100th anniver­ during 1961 there were only two reenact­ famous Congressional Medal of Honor sary of the Civil War Battle of Lexing­ ments of Civil War battles-one at Ma­ was awarded. ton, Mo. nassas, Va., reenacting the Battle of the It was the first Civil War battle in Last May 18, this battle was reenacted First Manassas, the other, reenactment of the Battle of Lexington at Lexington, which land mines were used. with 650 young men from Wentworth It was the only time in American mili­ Military Academy, Lexington High Mo. Several good summaries about the tary history when hemp bales were used School, St. Joseph ROTC units, and 5th as moving breastworks. Army personnel participating. A crowd battle and its reenactment have ap­ of 20,000 observed and cheered the peared in the Independence Examiner, It was the only battle during the Civil maneuvers. the Kansas City Star, the Missouri War when a field hospital was the cen­ Our effort as a Congressman, to be Farmer, and the Washington Post. ter of action; the Union hospital at Lex­ helpful with the reenactment came about One of the best appeared in the Lex­ ington changed hands three times in a because the 5th Army at its Chicago ington-Advertiser-News of Lexington, matter of hours. headquarters-all at once-decided to Mo., which put out a special centennial The Battle of Lexington, Mo., was a cancel the blank ammunition allotment edition giving the history of the battle strange one, too, in that the Union com­ they had previously promised. After in words and pictures. For this and for mander had nearly a week to evacuate much correspondence and many con­ a great part of the research material his vastly outnumbered garrison safely tacts, the special activities division of contained in these remarks, we are espe­ after the arrival of Price's southerners, the Department of Defense and the 5th cially indebted to William E. "Bill" Dye, but he had orders to stay put and "stay Army decided to reexamine its previous editor of the Lexington paper. put" he did. position and provide both resources in It will be our purpose-in the remain­ That Union commander was Col. the form of blank ammunition and ing time allotted to us-today to recount James Adelbert Mulligan, a tall and troop personnel. a few salient facts and set out a brief handsome 32-year-old attorney who My object in asking for this special historical account of the events during only months before had raised an Illi­ order today to address the House is sev­ and surrounding the battle. nois regiment and was immediately eralfold in purpose. First, is to express One hundred years ago today one of elected colonel of what came to be known all over again our great regret at missing the strangest and most unique battles as the Irish Brigade. the reenactment of May 18. The calen­ of the Civil War was coming to a close Late in August, Mulligan and his dar of the House made it impossible to in the Missouri River port town of Lex­ Irishmen had been stationed at Jeffer­ attend, and about all we could do under ington, in what is now the fourth dis­ son City, the Missouri State capital, the circumstances was to remain in trict of Missouri. where until a few days before, the Fed­ Washington. This Battle of Lexington-or "Battle eral commander had been an obscure Next, we think a proper commenda­ of the Hemp Bales" as it quickly became captain named U. S. Grant. tion should be accorded the public-spir­ known-was one of the half dozen major Mulligan was ordered westward into ited people of Lexington, Mo., who Civil War battles fought on Missouri Missouri on a wild-goose chase to the staged this commemoration in sponsor­ soil, a soil which saw a total of 1,162 aid of a supposedly beleaguered Federal ship with the National Civil War Cen­ battles or skirmishes during that na­ cavalry party and ended up in Lexing­ tennial Commission, the State Civil War tional conflict whose centennial we ton, where his seniority put him in com­ Commission, the State park board, began observing this year. mand of an unhappy mixture of 2,700 Wentworth Military Academy and Col. Only Virginia and Tennessee, in that Federal Regulars and home guard Lester B. Wikoff, general chairman of order, had more Civil War battles or troops. the reenactment, and last but by no skirmishes than Missouri, my home While Mulligan was marching toward means least, the Lexington Chamber of State, which provided 40,000 troops to defeat at Lexington, Price and his pro­ Commerce. the Confederacy and 110,000 to the Southern State militia were headed to­ We further desire to pay tribute to the Union. ward victory there from southwest manner in which this observance was But these soldiers who on September Missouri. Along Wilson Creek near handled. A very large crowd was able 12, 1861, first laid siege to a Federal gar­ Springfield, they and Arkansas troops to observe without confusion. All the rison at Lexington, Mo., were not at the under Gen. Ben McCulloch had beaten people of Lexington can be justly proud time Confederate troops. These 15,000 Federal troops under Nathaniel Lyon in of the arrangements which were care­ to 20,000 Missourians were not then one of the Civil War's bloodiest battles fully planned and effectively executed. Confederates, although most had south- for the number of troops involved. 1961 CONGRESSIONAL RECORD - HOUSE 20507 After Wilson Creek, McCulloch -pulled The ·money from the Lexington bank Thus 5 days passed. Mulligan kept his· his men back into- Arkansas, but Price was started there under cavalry escort men digging trenches for the reinforce­ looked northward since he knew time but the goldbearing horsemen got only ments which would never come on the was running out if the Federal "invad­ about 40 miles on their way .before they bluff above the Missouri River where lay ers'' were to be forced from the State ran into the vanguard of Price's advanc­ the two steamboats which could have of which a few years before he had been ing militiamen, the last people in the whisked them to safety in minutes. Governor. world the Federals wanted to get the Sterling Price's patriot army of Mis­ Scrounging around, Sterling Price had money. souri at the fairgrounds rested itself found arms and his men had made their So the cavalrymen wheeled and gal­ from the hard march up from the Wil­ own ammunition, but what he needed loped back to Lexington burning bridges son Creek battlefield. Daily, the num­ was men to use them. behind them, with Price pressing in pur­ bers of the Missour; militiamen were Price decided he would seek to gather suit. swelled by fully officered units slipping up the thousands of prosouthern Mis­ As Price approached the town from across the river from the northern sourians who then were scattered around the south, Colonel Mulligan wired his commanders. the State eager to join the :fight against Jefferson City headquarters "we will hold Back in his newly extended fart the the Federal forces they felt had invaded out, strengthen us." morning of September 18 a century ago, Missouri The Missouri militiamen reached the that Chicago lawyer turned Federal Many of these were north of the Mis­ outskirts of Lexington on September 12, colonel, James A. Mulligan, looked to souri River, in most cases already or­ 1861, and their skirmishers fought a the south and saw a sight which stirred ganized into military units, but unable short but furious battle with Federal him to this rhetoric later: to join Price's State militia because of outposts, some of the fighting raging They came as one dark, moving mass, the cordon of military posts the Fed­ among the tombstones of the town cem­ their polished guns gleaming in the sun­ eral Government had established at the etery. light, their banners waving, and their drums principal river crossing points of Jeffer­ But Price, with a force which outnum­ beating-everywhere as far as we could see, son City, Boonville, Lexington, and Kan­ bered the Union garrison around the col­ men, men, men-approaching grandly. sas City. lege, was not ready to make a sustained For Mulligan's some 2,700 Federals­ One estimate was that there were from attack. His artillery and his ammuni­ not a few of them armed with only old 5,000 to 6,000 men north of the Missouri tion wagons as well as many of his men horse pistols and encumbered with wa­ River anxious to join Price. For awhile, still were strung out around the road ter-consuming horses-the time for some of them could slip singly and in back to Springfield. strategic retreat had passed. small groups across the river. While many southern sympathizers had joined his marching column along For Sterling Price's 20,000 Mis­ But then the Federal commanders at sourians-some of these unarmed and the river ports carried out orders to de­ the way, there still were thousands north just in town for a good show-the mo­ stroy all boats so reinforcements could of the river that Price wanted to give. ment had arrived to put their general's not reach Price. This left only the fer­ time to join him. plan for a bloodless victory - against ries at the main river crossings. When Price pulled his men back to the fairgrounds at the edge of town, some of those Yankee invaders into effect. Price soon hit on the plan to break But within minutes, Price's hopes for this riv-er blockade at one point to open his officers urged an immediate assault, but the majority sided with Price in de­ a victory without bloodshed were to be a gateway through which these troops drowned in the blood of his own men could join his forces before Federal ciding there should not be any needless and of the enemy they oppooed. troops further occupied the State. bloodshed. He studied the reports which :filtered Price decided on a strategy which The former Federal commander in the in from southern sympathizers and de­ called for preventing the Federal troops Mexican War, ex-Governor of Missouri cided that of the four fortified river from escaping but no immediate plans quickly sent his divisions to the south, ports,· Lexington would be the easiest for offensive or vigorous action. east and west of Mulligan's little island and most important to capture. "We've got 'em, dead sure. All we of Unionists. Thus it was that 10 days after they have to do is to watch 'em," he told And to complete the encirclement and had fought at Wilson Creek, Price's men his officer. cut off Mulligan's last means of escape, were started on the roads northward to Four miles to the north in the three­ Price ordered another force down the Lexington. story Grecian-Doric style building of the bluff to capture the provision-laden The same day that Colonel Mulligan 13-year-old Masonic College, Mulligan steamboat Clara Bell and the steam started from Jefferson City, Price's men and his officers were pondering their ferry anchored nearby. fought a skirmish with Kansans on the tactical situation. The Missourians, many of them within banks of Big Dry Wood Creek in Vernon Some of the subordinate officers said sight of their home county of Ray just County and drove them off before start­ they thought the best thing to do would across the river, r,an into some harassing ing up the road again. be to get out of Lexington while the get­ fire from Mulligan's pickets in the By now, Mulligan and his small Fed­ ting was good. Several pointed to a foundry and hemp warehouses along eral force had arrived at Lexington, steamboat and steam ferry just below the riverfront but soon ran these Fed­ pausing at the outskirts to polish up for them on the Missouri River landing, erals back up the bluff past a red brick a grand entry and causing Mulligan to noting these could take the whole Fed­ mansion lately vacated by Oliver quip later: eral force to safety across the river. Anderson. Indeed, the trouble was not so much in Others wanted to. take an overland That mansion, which still stands to­ getting Into Lexington as In getting out. route back toward Jefferson City. But day, was within minutes to be the center Once in town, Mulligan found other Colonel Mulligan had the final word: of a controversy which raged as long Federal troops and some home guards Gentlemen, I have heard what you have as a veteran of the Lexington battle lived. camped around the world's ·first Masonic to say, but begad, we'll fight 'em. That's That September day the Anderson house college. · what we enlisted !or, and that's what we'll do. was being used as a Federal hospital for The day before, on the orders of Gen. Mulligan's wounded and sick. It was John C. Fremont, the Federal command­ Mulligan put the nearly 2,800 Federal only a few yards outside his lines. er in Missouri, the Union soldiers had Regulars and home guardsmen under It was to be the only hospital captured seized nearly $1 million in gold and bank­ his ,command to enlarging the earth­ by either side during the heat of battle notes which. was in Lexington's Farm­ works on the river bluffs around the col­ ers Bank. lege, digging trenches extensive enough in the C.ivil War. The money was part of the State to hold 18,000 men. Pric~'s men, headed toward their ob­ school fund which prosouthern Gov. Other Federals set up a foundry in jective of the steamboat and ferry, were Claiborne Jackson bad appropriated to the basements to cast shot for Mulli­ pinned down by musket fire they arm and equip his State militia. To pre­ gan's few artillery pieces. Still others thought--and swore for years after­ vent. this, Fremont· ordered this money were making cartridges and raiding par­ was coming from the big brick house :fly­ and State funds ·from banks to be ties went out to scavenger food from the ing the yellow flag which marked 1t· as brought to St. Louis. nearby town and countryside. a hospital. 20508 CONGRESSIONAL RECORD --- HOUSE September 20 Word of this went back to General decoration for valor given by the Army hemp bales. Before long bales were Price in his headquarters above a jew­ and Navy. stacked· on the Lexington streets and elry store on Lexington's main street. And years later, on March 10, 1896, along the riverfront. They soon would "Capture the brick house" came back George Palmer was to be awarded the win the battle for Sterling Price and his the order. Medal of Honor for his action in the Missourians. Up the bluff charged the Missourians Lexington charge, becoming the first to The last day of the battle opened cold and some of them later recalled that receive the Nation's highest wartime and cloudy, not much help to the morale within half a minute they were inside honor for bravery. of Mulligan's hungry, thirsty, and weary and fl.ring from Anderson house's win­ The Union force held the hospital only men fast running out of ammunition. dows down into the Federal trenches. an hour or so before a company of Mis­ But Mulligan, still hoping for rein­ The Federal fire from in or near the sourians charged up the bluff to retake forcements, thought his men could hold hospital stopped, the remaining Missou­ it and hold the building for the rest of out behind their 8-foot-high earthen rians on the riverfront moved on to take the 3-day battle. barricades. Outside these, at the points the ferry and steamboat, with the latter That night an attack was launched on where Mulligan was sure the Missourians providing double rations of sugar for the Union lines from near the hospital would attack, land mines had been laid Price's men for days to come. but, forewarned by a spy, Mulligan's men and deep confusion pits with wooden Mulligan's last link to safe retreat had strung a tripup just in front of spikes at the bottom had been dug. severed, Price's people on the riverfront their lines and this threw the attackers But the Federal commander had not began edging up the bluff toward the into confusion. heavily fortified the river bluff side of Federal lines. Inside the Federal fort, the men were his lines. These bluffs were steep and The Union forces now made a Civil hot and thirsty, the water in the college any force attacking up them could be War "first'' when they ignited land mines cistern having given out. Most of the wiped out easily, he reasoned. But he which they previously had laid. Fuses water had been consumed by the now reasoned without thinking about hemp extended through plumbing pipe pulled useless 600 cavalry horses, who now were bales. from the college building were lit to blow adding another problem by being killed While the Missourians were arranging up buried caches of powder. by the flying metal and causing a stench the hemp bales at the base of the bluff, History, however, records no casualties the battle veterans would recall for years. an incident took place which started from this first use of land mines in the The second day of the battle, Septem­ surrender psychology among Mulligan's Civil War. ber 19, 1861, brought 2 hours of heavy famished and fatigued men. Back in the college, Federal Com­ rain. Mulligan's thirsty men spread A small group of Missourians made a mander Mulligan was fuming over the blankets to soak up the precious mois­ charge which reached within feet of the fact that the Missourians had captured ture and wring it into their canteens. Union lines before it was repulsed. A his hospital. "We had not fortified that," Mulligan waited and watched anx- · Federal officer there waived a white flag, he claimed later, apparently not recall­ iously for the reinforcements he ex­ seeking only a truce to remove his men ing rifle pits which had been manned in pected momentarily, not knowing that who had been wounded when they the yard. some were practically in sight just across dashed from · the trenches to force the The tall, young colonel immediately the Missouri River. Missourians back. called for an assault to retake the hos­ These were two regiments of 1,200 Ohio Word of the white flag spread through pital but had. trouble finding takers. recruits under Maj. Gen. Samuel D. the battlefield, and the firing died down. ''We shall not not out, for it is bad to not Sturgis, who the month before had as­ Price sent a courier to Mulligan to ask out," said the commander of one German sumed the Federal command and re­ why the firing had stopped and the home guard outfit. treated after Gen. Nathanial Lyon had Union colonel, not knowing about the Finally, Mulligan found one of his own been killed the month before at Wilson white flag, sent back a flippant reply: outfits, the 23d Illinois, who would at­ Creek. I don't know, General, unless you have tempt the recapture. Heading the 23d While Mulligan was not aware of surrendered. was a Captain Gleason who-not unusual Sturgis' near presence, General Price for the Civil War-had served under was. Southern sympathizers had cap­ By noon, the situation within the Fed­ Sterling Price in the Mexican War. eral lines was desperate. All of the tured a courier which Sturgis had headed Union officers had been wounded, save Gleason's 80 men dashed out of a sally to Lexington. one. He was a self-made major who port and headed for the hospital with One of Price's first acts that second headed the local home guard. Mulligan's band playing and all his guns day of battle was to send troops from fl.ring. Leading the charge was a bugler­ Then came the hemp bales. Up the his reserve divisions over the river on bluff, the Missourians rolled them toward made-infantryman named George H. the newly captured steamboat and ferry. Mulligan's least defended positions. Palmer, of Monmouth, Ill. and chase off the reinforcements. With­ The attack, at the last place he ex­ Through Oliver Anderson's orchard, out taking time to pick up their tents pected it, appalled Mulligan. "All our bearing fruit no one would savor that and other equipage, the Federal relief efforts could not retard the advance of day, past the two-story summer kitchen column scampered off up river to Fort these bales," he remembered a short time where slaves no longer toiled, ran Palmer Leavenworth. later. and the rest of Gleason's crew, fast fall­ Back in Lexington, Price had his men Near the top of the bluff and close to ing from the fire of the Missourians in working on a brilliant idea-brilliant be­ the Union lines, the Missourians ran and near Anderson House. cause it worked-for a tactical maneuver from behind the bales and with·a wild At the rear door of the mansion, Glea­ never before and never after tried in yell dashed into the Union lines. son called for surrender of the occupants the history of American warfare. What Mulligan called a deadly strug­ and was answered by a volley which put The idea went like this: Hemp for gle with many heroic deeds commenced. him out of action. But his men stepped ropemaking was the principal crop in But not all within Mulligan's lines over him and entered the house as the countryside around Lexington. Al­ wanted to be dead heroes. Price's men fled out the front door and most every crossroads hamlet those Sep­ Over in one corner of the Union lines, windows. tember days had piles of newly baled the German major of the home guard Not all escaped. Six of the Missou­ hemp. was informed that since all the officers rians were trapped in the house and Why not, the idea went, use these now were wounded, he was in command. three were slain by the Federals-irate hemp bales as moving breastworks? It Down through a century has come the that their hospital had been taken-as would be easy for groups of Price's sol­ tradition that he then said: "Vel den, I they were surrendering. diers to roll the hemp bales toward Mul­ shtops this tamm foolishness poorty Former Bugler Palmer had been ligan's lines, pausing ever so often to gwick" and hoisted a white flag. wounded in leading the charge and was fire from behind the bale's thick pro­ Despite threats of death, he kept wav­ to be discharged 3 months later. But tection. ing it. Cursing the "damned cowardly his act of bravery was not forgotten. Soon after he arrived in Lexington, home · guard:' Mulligan nevertheless Soon Congress was to establish the now Price had sent wagons and men out called his wounded officers together and famous Medal of Honor as the highest through -the country, scouring it for asked their thoughts about surrender. 1961 CONGRESSIONAL RECORD - HOUSE 20509 Of the six officers able to make the Therefore, I should like to briefly out­ Should many of these farmers divert as conference, only two favored fighting on. line some of the provisions of these new much as 10 acres from their production One of the six was dispatched to Ster­ sections even though I opposed the pas­ of Soft Red Winter wheat, the Nation ling Price to ask terms. Preceding sage of most of them as being unneces­ will be faced with a critical shortage of U. S. Grant, at Fort Donelson by 5 sary, unwise, and discriminatory. this type wheat. months, Price said the terms were un­ THE 1962 WHEAT PROGRAM Fourth. This new law provides that conditional surrender. the total acreage of crop land on the Price's men marched into the lines as First. This legislation provides for a farm devoted to soil conserving uses, the Federals stacked arms. One of the 10-percent reduction in wheat acreage which includes idle land, shall be in­ Missourians asked a Federal for his am­ allotments and reduces the 15-acre ex­ creased by the number of diverted acres. munition, getting the reply he had it al­ emption to 13 ½ acres or the highest In other words, this bill authorizes the ready, all had been fired at the Mis­ planted acreage during the years 1959, Secretary of Agriculture to forbid non­ sourians. 1960, or 1961. This means that a farmer cropland from being put into crops. Price had won the battle but he soon having a highest planted wheat acreage Fifth. The law authorizes the secre­ had to give up the real estate involved. of 10 acres during any one of these years tary of Agriculture to set the price sup­ Belatedly, strong Federal columns were can now only plant 10 acres rather than port for wheat at any level between 75 started toward Lexington from several the 13 ½ acres as provided for under the and 90 percent of parity for 1962. Not­ points. exemption. These mandatory reduc­ withstanding the authority to set the So rather than being trapped as he tions are applicable for all classes of price support as high as 90 percent of had trapped Mulligan, Sterling Price 10 wheat notwithstanding the fact that parity, the Secretary of Agriculture has days later started his newly expanded they are not all contributing to our sur­ chosen to set the price support level at Missouri army southward on a trip plus problems. Mr. Speaker, it seems 83 ½ percent of parity for 1962 which is which led many of them into the Con­ perfectly ridiculous to me to require our approximately $2 per bushel. federate Army a few months later. Ohio farmers producing Soft Red Win­ Sixth. The administration's new pro­ While the Battle of Lexington ended ter wheat to take the same reduction as gram increases the penalty rate per by surrender of the Federal troops, it the producers of Hard Red Winter wheat bushel on farm marketing excesses to had been a bitter fight. For Missouri when the year's carryover of Soft Red 65 percent of parity. The previous law and all Missourians the war was espe­ Winter wheat was only 12 million bushels provided a rate equal to 45 percent of as compared to the carryover of 1,118 parity. cially bitter. Since it was a border million bushels of Hard Red Winter State, it was a "house divided"-brother wheat. When we apply the 10-percent Seventh. Farmers may continue to against brother, father against son. In mandatory reduction provided for in this raise up to 30 acres of wheat for on-the­ all the other border States-Maryland, bill to last year's production of 198 mil­ farm use providing permission is first Kentucky, Tennessee-feeling ran high lion bushels of Soft Red Winter wheat, obtained from the county committee. and domestic tragedies-those most ter­ we immediately find ourselves faced with THE 1962 FEED GRAIN PROGRAM rible of civil wars-abounded, but a 7.8-million-bushel shortage of this First. This section provides for a 1- nowhere did they reach the depth and type wheat unless we curtail our exports year's extension of the existing feed virulence as was to be found in Missouri, and abandon our expanding foreign mar­ grain program. Barley is now included in families and among certain elements kets. The Department of Agriculture under this program. of the population. has already removed Soft Red Winter Second. This program continues as The reenactment is even now history. wheat from the list of commodities which a "voluntary" one. It is well to remem­ Today is the actual date of the 100th can be exported under title I of Public ber that the Department of Agriculture anniversary. Even this date will pass on Law 480. By so doing, the Department has been accused of dumping last year's into history tomorrow, but on the main has admitted its lack of wisdom in sup­ corn on this year's market _to depress street of Lexington lodged at the top of porting this reduction in the production prices in order to encourage participa­ one of the columns of the Lafayette of this type wheat. tion in the 1961 program. The depart­ County Court House is a cannonball Second. Payments for diverting wheat ment has denied the charge. which has remained there for over 100 acreage and devoting the same-to con­ Third. Farmers not participating in years, a constant reminder for all -who servation uses will be made at the rate the 1962 feed grain program will not be pass to recall that this cannonball spent of 45 percent of the farm's adjusted yield eligible for land retirement payments or its fury over-the battlements. It is quite per acre multiplied by the number of di­ price supports on their feed grains. possible it will rest there fittingly to re­ verted acres for the first 10 percent re­ Fourth. The Secretary of Agriculture mind posterity for perhaps another 100 duction and at the rate of 60 percent for is authorized to set the price support for years that Lexington was the sight of all further reductions up to an addi­ com at not less than 65 percent of one of the most important Civil War tional 30 percent of the farm's allot­ parity. The price support for 1961 corn battles fought in the West and one of ment. Of particular interest to the will be 74 percent of parity, but to date, the most unique battles in all American farmers in my district, Mr. Speaker, the Secretary has not announced the military history. this new law specifically provides "to the price support for the 1962 crop. It is extent that a producer proves the actual noteworthy to mention that price sup­ THE AGRICULTURAL ACT OF 1961 yields for the farm for the 1959--60 crop port will not necessarily be extended on years, such yields shall be used in mak­ all the corn produced by a cooperator. Mr. W ALLHAUSER. Mr. Speaker, I ing determinations." As a consequence Price support will be extended only to ask unanimous consent that the gentle­ of this provision, producers need not ac­ the average corn yields per acre that man from Ohio [Mr. LATTA], may ex­ cept the adjusted yield figures given were obtained by such cooperators in tend his remarks at this point in the them by the county committees when 1959-60 multiplied by the number of RECORD and include extraneous matter. they can prove their actual yields. acres planted in the current year. This The SPEAKER pro tempore. Is there Third. Under this new wheat pro­ means that a producer having a 100- objection to the request of the gentleman gram, any producer may divert up to a bushel com yield per acre in 1961 and from New Jersey? total of 10 acres so long as his farm's a 75-bushel corn yield per acre in 1959- There was no objection. total wheat acreage diversion does not 60, will be extended price support only Mr. LATrA. Mr. Speaker, since the exceed his highest wheat acreage in on the basis of 75 bushels per acre and passage of the administration's Agricul­ 1959, 1960, .or 1961. Wheat producers his additional 25 bushels per acre must tural Act of 1961, I have had many in­ without an allotment who failed to grow be sold on the open market. Mr. quiries from farmers in my district con­ wheat during 1959, 1960, or 1961 will be Speaker, as the record will show, I vig­ cerning their rights under the wheat and precluded from growing wheat for mar­ orously opposed this bushelage control feed grain sections and how they will ket in the 1962 crop year. feature as it will inevitably tend to affect their particular tarming opera­ I have been informed by the Depart­ penalize the farmer who is constantly tions. Since the farmers I am privileged ment of Agriculture that 696,000 of the striving to advance American agricul­ to represent are making these inquiries, 801,000 farms producing Soft Red ture. I am led to believe that other Members Winter wheat operate under the 15-acre Fifth. Land retirement payments will are probably receiving similar inquiries. exemption found in the present law. be based on the farm's adjusted average 20510 CONGRESSIONAL RECORD-· HOUSE September 20 acreage production for the years 1959- 60 cotton equal to the national marketing can do this. Therefore, I consider that and "to the extent that a producer quota. it is implicit in the statute that you are proves the actual acreages and yields on · I presume you will agree with me that directed · to make adjustment for the the farm for the 1959-60 crop years, the mounting levels of gross national probable underplanting. such acreages and yields shall be used in product, public expenditures, and per­ All of us who are familiar with cotton making determinations." sonal income are sure to make the do­ remember what happened in 1950. A Sixth. Provides that the average mestic consumption of the crop year 1961 very small acreage allotment had been acreage of crop land on the farm devoted considerably higher than it was in the proclaimed. This was· followed by ad­ to soil conserving uses, including idle crop year 1960. Anticipated military verse weather, the outbreak of the war land, be increased in 1962 by the acreage purchases of cotton textiles should cause in Korea, and the worldwide rush by diverted. The Secretary can prohibit an additional increase in consumption, cotton mills to secure their requirements. noncrop land from being put into crops. as also should population increase at the Our Government sought to protect sup­ annual rate of about 1.7 percent. plies for the domestic mills through ex­ I presume you will agree that the ex­ port quotas. The effect of that was to NATIONAL COTTON ACREAGE pansion of foreign popular buying power, touch off violent competition among for­ ALLOTMENT, 1962 resulting largely from the surge in the eign mills for cotton available from for­ Mr. WICKERSHAM. Mr. Speaker, I European and Japanese economies, will eign sources. This drove prices of for­ ask unanimous consent to address the continue for several years, possibly with eign cottons into the neighborhood of 80 House for 1 minute and to revise and some moderation of the pace of it. Here cents and caused a rush of Mexicans, extend my remarks. too there will be the influence of mili­ Turks, Syrians, and other foreigners into The SPEAKER pro tempore. Is there tary programs and population increase cotton growing, resulting in a tremen­ objection to the request of the gentleman at perhaps an annual rate of 1.5 percent. dous and largely uneconomic expansion from Oklahoma? Under these conditions, I would think of foreign cotton production. It also There was no objection. you would estimate exports for the 1961 gave great stimulus to foreign produc­ Mr. WICKERSHAM. Mr. Speaker, my crop year at not less than those for the tion of synthetic :fibers. I believe that home is Mangum, in southwestern Okla­ 1960 crop year, possibly more. all who are familiar with the subject homa, in the center of the area which This certainly will cause you to esti­ will agree with me that the events of produces the bulk of the cotton crop of mate the 1962 carryover at a good deal 1950 were the greatest contributor to the State. Cotton is of great impor­ less than the 1961 carryover. the plethora of cotton from which we tance to the income of this area and the I would see no reason to estimate con­ have been emerging in the last several employment of those who live there. sumption and exports for the 1962 crop years. The farmers who grow cotton in this year at less than those for the 1961 crop area have kept up with the technological year. Population increase should make GAS PRICES revolution in agriculture. In conse­ them greater if economic conditions con­ quence, most of them have substantial tinue at the same level. Mr. VANIK. Mr. Speaker, I ask investments in their land, improvements, If this appraisal of the background is unanimous consent to address the House and equipment. In many cases, they are correct, you will have to set the 1962 for 1 minute and to revise and extend in debt for a part of this investment. marketing quota at a higher level than my remarks. They have had difficulty in making the 1961 quota. The SPEAKER pro tempore. Is there any return at all on this investment and You are directed to make adjustments objection to the request of the gentleman in servicing their debts, as a result of ''to assure the maintenance of adequate from Ohio? the small acreage allotments which they but not excessive stocks in the United There was no objection. have been allowed to plant for the last States to provide a continuous and sta­ Mr. VANIK. Mr. Speaker, I was several years. ble supply of the different qualities of shocked to learn today of the intentions I have heard that consideration is be­ cotton needed in the United States and of Federal Power Commission Chairman ing given in the Department of Agricul­ in foreign cotton consuming countries, Joseph C. Swidler to fix gas prices ture to setting the 1962 national cotton and for purposes of national security." uniformly within gas-producing areas allotment at less than the 1961 allot­ It seems to me that the prospects are rather than continue the utility type of ment--18.4 million acres-some reports that the 1962 carryover will be a meager price regulation in which prices are based have it as low as 16 million acres. I cushion for maintenance of normal sup­ upon the cost of production in each case. hope that these reports are groundless. ply to domestic and foreign mills. I am It is most unfortunate that Chairman As I read section 342 of the Agricul­ told that foreign stocks are in moderate Swidler's announcement at a meeting of tural Marketing Act of 1938, it directs proportion to foreign consumption. I the Independent Natural Gas Association you to establish a marketing quota not understand there is a serious imbalance in Houston preempts proper deliberation less than the sum of your estimates of qualitywise in current supplies-an by the Federal Power Commission and domestic consumption and net exports acute shortage of the cheaper qualities. constitutes a complete denial of its quasi­ for the 12 months commencing August I believe the law requires you to make judicial responsibility, It is regrettable 1962, without qualification whatsoever. adjustments that will give us a more that such an announcement involving It also directs you to make such adjust­ adequate carryover in 1963 than we will hundreds of millions of dollars and mil­ ment in the amount of such quota as have in 1962, plus whatever additional lions of gas consumers should be made you determine necessary after taking adjustment you may find necessary for at a forum provided by "parties receiving into consideration the estimated stocks national secw·ity purposes. the goodies" rather than in a proper of cotton in the United States-includ­ Finally, we all have the knowledge public way. ing the qualities of such stocks-and that 9.5 percent of the national acreage Chairman Swidler was apparently stocks in foreign countries which would allotment went unplanted in 1959, 9.3 overcome in Houston by the enthusiasm be available for the marketing year for percent in 1960, and 10.6 percent in 1961. of the Independent Natural Gas Associa­ which the quota is being proclaimed, to Students of this believe it reflects a tion which has lobbied for its "pet" ap­ assure the maintenance of adequate but progressive trend of abandonment of proach to price regulation for a long not excessive stocks in the United States, cotton in certain areas and that the time. The Independent Natural Gas As­ to provide a continuous and stable sup­ trend has yet to run its course. My ad­ sociation is, in reality, a "front organiza­ ply of the different qualities of cotton vices are that we should expect a 12 per­ tion" for the big gas producers who now needed in the United States and in for­ cent underplanting by 1962. This might face the prospect of new profit windfalls eign cotton-consuming countries, and for be greater with an increased national at the expense of the gas consumer who purposes of national security, Then sec­ allotment, due to the fact that areas was not ,even privileged to submit an tion 344 directs that the national cot­ which underplanted smaller allotments argument or prepare a brief before ton acreage allotment shall be that would underplant larger ones in greater Chairman Swidler rendered his "unof­ acreage, based upon the national aver­ propartion. flcial0 opinion. age yield per acre for the 4 years im­ The issuance of allotments that will This decision wm certainly reduce the mediately preceding the calendar year not be planted will not assure the main­ caseload before the Federal Power Com­ of the announcement, -required to make tenance of adequate stocks. Only the m1SS1on. In effect, it will divest the available from such crop an amount of portion of the allotment that 1B planted Commission of ·its ,regulatory functions 1961 CONGRESSIONAL RECORD - HOUSE 20511 and establish a price-setting procedure our principal vegetable oil products may curity risks, but as of April 24, 1959, 74 in the gas-producing fields-thousands be doubled to some of our biggest cus­ had been restored to their previous em­ of miles away from the people who must tomers. Currently crude cottonseed and ployment, including employment in foot the bill. It will be difficult to prove soybean oil to West Germany, the Neth­ agencies such as the Air Force, the Army, how the public has received any benefit erlands, and Belgium-Luxembourg pay a and the Navy. Incidentally, the back from this prejudicial decision. duty of 5 percent. Other countries of pay awarded to these security risks It is my hope that the ether members the Common Market have higher duties. amounted to $579,656.55. of the Federal Power Commission will re­ The Italian duty is 25 percent. Conse­ It will be recalled in Cole against ject this unfair concept. Otherwise, quently we do not sell much oil to those Young that the Supreme Court ruled Congress may be called upon to rewrite other countries. I understand that in that an employee of the Federal Govern­ the Natural Gas Act or even abolish the the current negotiations in Geneva, ment could not be dismissed under the present Commission in order to give the where the Common Market countries are Summary Suspension Act in the interest consumer a fair chance at decent fuel negotiating with outside countries, in­ of the national security unless he occu­ prices. cluding the United States, for conver­ pied what the court described as a "sen­ sion of the individual national tariffs sitive position." In the dissenting opin­ MAINTAINING AND EXPANDING into a single common external tariff, the ion in Cole against Young Mr. Justice nations of the Community have proposed Clark stated as fallows: AGRICULTURAL EXPORTS a duty of 10 percent on our shipments One never knows just which job is sensi­ Mr. BURLESON. Mr. Speaker, I ask of crude vegetable oil. There is no doubt tive. The janitor might prove to be in as unanimous consent to address the House that doubling the duty would seriously important a spot securitywise as the top for 1 minute and to revise and extend hurt our exports. The duty on refined employee in the building. my remarks. oil, I understand, would be raised, ac­ In a Smith Act prosecution-United The SPEAKER pro tempore. Is there cording to the proposal, from about 10 States against Fujimoto-in the State­ objection to the request of the gentleman percent as it is now in Germany, the then Territory-of Hawaii, 1953, in which from Texas? Netherlands, and Belgium-Luxembourg Jack Hall, regional director of the There was no objection. to 15 percent. This is an increase of 50 ILWU-Harry Bridges' union-and oth­ Mr. BURLESON. Mr. Speaker, main­ percent. That is not as much as a 100- ers· were convicted, and their conviction taining and expanding agricultural ex­ percent increase in the case of crude reversed when the Supreme Court de­ ports is vital to the prosperity of agri­ oil, but it is still enormous. It certainly cided United States v. Yates (354 U.S. culture and the Nation. will also have the effect of sharply re­ 298), one witness, an FBI undercover The value of U.S. agricultural exports ducing our exports. agent, was the night elevator operator in reached $4.8 billion in 1960, an alltime I hope that the nations of the Com­ the building in which the Communist high, and accounted for one-fourth of all mon Market will reconsider their posi­ Party of California had its headquarters. U.S. exports. These exports not only tion and_ off er a common tariff on our It was her duty to collect all the waste contribute to the welfare of American cottonseed and soybean oil which will paper from the headquarters and put agriculture, but aid materially in bal­ be more realistic and more nearly in line the discarded papers in a receptacle for ancing U.S. international payments. with the present duties in Germany, the waste paper, which would be subse­ Exports already provide an outlet for Netherlands, and Belgium. I think our quently picked up by the agents of the one of every six of our cultivated acres­ negotiators at Geneva should be reso­ FBI, evaluated and analyzed. markets for one-third of our tobacco and ·lute on this point. Certainly if the coun­ As chairman of the Committee on lard; 40 percent of our cotton, soybeans, tries of Western Europe want to main:. Un-American Activities, I have repeated­ wheat, and tallow; over half of our rice; tain strong ties with the United States, ly attempted to procure from the ex­ and rapidly increasing quantities of feed and if they want to continue to sell their ecutive agencies identifying information grains, poultry, dairy products, fruit, and products in this market, they should not on the security risks who have been re­ vegetables, and other products. take such stringent action against U.S. stored to Government service, but this Exports provide an outlet for over 30 products into their markets. I am sure information has been adamantly refused percent of the U.S. production of food that the agricultural community sup­ by the executive agencies concerned. fats and oils. One of the largest export ports this plea for fair treatment by the In Nelson and Globe against County markets has been the Common Market Common Market on our agricultural of Los Angeles, the Supreme Court held in Europe,. especially Germany, the exports. valid a provision of the California code Netherlands, and Belgium. In 1960 which made it a duty of any public em­ these three countries took about two­ ployee, when summoned before a gov­ thirds of our exports of cottonseed oil and COMMUNISTS IN GOVERNMENT? ernment agency, to give information of a significant percentage of soybean oil Mr. WALTER. Mr. Speaker, I ask which he was possessed on Communist exports. unanimous consent to revise and extend and other subversive activity. The Cali­ Currently these exports are being my remarks at this point in the RECORD. fornia code provides for dismissal of any threatened by increased import restric­ The SPEAKER pro tempore. Is there such public employee who fails or re­ tions as a result of the common external objection to the request of the gentleman fuses to appear, or to answer the ques­ tariff proposed on U.S. exports by the from Pennsylvania? tions propounded, on the ground of in­ Common Market. There was no objection. subordination. American farmers, in my opinion, have Mr. WALTER. Mr. Speaker this bill In sustaining the validity of the Cali­ generally shared the view that the Com­ is patterned after the California statute fornia statute, the court found that, not­ mon Market, as the European Economic ·which was recently held valid by the withstanding the public employee's in­ Community is usually known, has the U.S. Supreme Court in the case vocation of the fifth amendment, his laudable objective of strengthening eco­ of Nelson and Globe v. County of Los refusal to reply to the questions pro­ nomic and political ties among the West­ Angeles (362 U.S. 1); and Konigsberg v. pounded was sufficient basis for his dis­ ern European nations to make that group State Bar (366 U.S. 36). charge. of countries a more dynamic force in As chairman of the Committee on Un­ In Konigsberg against State Bar, the world affairs. They generally appreci­ American Activities, I am frequently witness invoked the 1st and 14th amend­ ate the broad objective of the Common asked this question: "Are there Commu­ ments in refusing to answer the question Market for expanding trade and raising nists now in the Government?" The only whether or not he was or ever had been living standards. answer I can give is that, under the a member of the Communist Party. American farmers, however, are be­ present procedures and the decisions of These questions were pertinent so that coming increasingly disturbed by the at­ the Supreme Court, the Committee on the State bar examiners could further titude of the Common Market toward Un-American Activities is hampered in their investigation as to the qualifica­ imports of U.S. agricultural commodi­ finding out whether or not there are tions of the applicant to be admitted to ties. The reports of increased restric­ Communists in Government, although practice law in the State of California. tions on wheat and tobacco have been we know that since the 1956 decision of The Supreme Court held that the bar particularly disconcerting. the Supreme Court in Cole v. Young (351 association could not perform its· duty More of our farmers are disturbed U.S. 536), 109 employees of the Federal since the petitioner had refused to an­ since hearing that the duty on some of Government had been dismissed as se- swer relevant questions. 20512 CONGRESSIONAL RECORD - HOUSE September 20 The text of the bill follows: United States, or the government of any curity-we then shifted toward the op­ State, District, Commonwealth, or possession Be it enacted by the Senate and House posite end of the spectrum in our atti­ thereof, or the government of any political tude and policy toward the satellites. of Representatives ot the United States of subdivision therein, by force and violence, America in Congress assembled, and includes subsidiary organlmtions of The policy of "liberation" became a SF.C. 2. The Subversive Activities Control such party." policy of live and let live. Indeed, we Act of 1950 (64 Stat. 989) is amended by have given substantial quantities of aid inserting lmmediately after section 3 thereof, to at least one of the satellites. the following new section: FOREIGN POLICY I say that the time has now come foi­ "DUTY OF FEDERAL EMPLOYEES TO TESTIFY AS TO Mrs. KELLY. Mr. Speaker, I ask a change in this policy and that if the COMMUNIST ACTIVITIES AND NATIONAL SE­ Russians and Red Chinese are going to CURITY unanimous consent to address the House for 1 minute and to revise and extend meddle in the affairs of the free world "SEC. 3A. (a) It shall be the duty of any and if tbe Communists are permitted officer or employee of the Government who my remarks. may be subpenaed or ordered to appear be­ The SPEAKER pro tempore. Is there to stir up trouble in three-fourths of the :f ore any Federal agency to appear before objection to the request of the gentle­ world, they should be served quiet but such agency and to answer under oath any woman from New York? firm notice that the United States is not question concerning ( 1) the membership of There was no objection. going to stand idly by. We should make such officer or employee, or any other in­ Mrs. KELLY. Mr. Speaker the it abundantly clear to the people of the dividual, in the Communist Party, (2) the rumblings of far-off' events; the ~ews in satellites that the United States has not activities of such officer or employee, or any for gotten them and that it is our firm other individual, as a member of the Com­ the headlines; the problems at the determination that when the day arrives munist Party, (3) the participation of such United Nations; the Red Communist in­ they shall be free. ' officer or employee, or any other individual, vasion in South Vietnam and the ever­ 1n activities conducted by or under the di­ widening cracks in the very surface of It is not a policy of "liberation" but rection of the Communist Party or any mem­ this sick earth make it abundantly clear rather one of supporting the legitimate ber thereof, and (4) any other behavior, that the time is out of joint and that, if and devout aspirations of the people of activities, or associations relating to the suit­ we are to survive for long, the time is eastern and central Europe to be free ability of such officer or employee to hold his likewise due for a serious reappraisal of in their persons, in their homes and in position as such officer or employee, includ­ .our foreign policy. Indeed such a re­ their beliefs. The same holds true for ing: -appraisal is a basic necessity to the con­ the puppets of the Red Chinese monster. "(A) any behavior, activities, or associa­ Everywhere subjugated people should be tions which tend to show that such officer tinued existence of freedom, liberty and what we know as civilization. made aware that they have the full and or employee is not reliable or trustworthy; firm support of the United States in their .. (B) any deliberate misrepresentations, Time out of mind I have stood here in falsifications, or omission of material facts the well of the House as a voice crying in yearnings for freedom from foreign in connection with an application for em­ the wilderness. I have long and bitterly domination. ployment as such officer or employee; opposed aid to Tito, support of neutral­ · It is rather ironic that we have fanned "(C) any criminal, .in.famous, dishonest, ism as a concept and toleration of the the flames of freedom in the colonial area immoral, or notoriously disgraceful conduct, to our own detriment while at the same habitual use of intoxicants to excess, drug ungodly puppet slave regimes of the satellites. My voice has been unheeded. time maintaining silence with respect to addiction, or sexual perversion by such offi­ the imprisoned peoples under the Com­ cer or employee; My purpose today however is not to "(D) any.adjudication of insanity with re­ assume the stance of "I told you so" nor munist lash. I say that the time has .apect to, or treatment for serious mental or is it to raise a clamor against the ad­ come to make it abundantly clear to the neurological disorder, of such officer or em­ ministration or for that matter even Communists, not by public proclamation ployee; and against Tito, neutralism or the satellites. but by soft word and firm deed, that they "(E) any facts which furnish reason to Rather, it is to call for a somber and re­ c~ no. longer count on our neutrality, believe that such officer or .employee may be flective reappraisal in the State Depart­ v~-a-v1s the satellites and puppet re­ subjected to coercion, influence, or pressure ment and in the seats of power of the gimes. which may cause him to act contrary to the fundamentals and of the goals of our . The tim-.~ has also come for reappraisal best interests of the national security. m our pohcy toward neutralism. Again "(b) Any officer or employee of the Gov­ foreign policy. ernment who willfully fails or refuses to ap­ In the late forties and early fifties, a the pendulum has swung back and forth pear or to answer under oe. th on any P"Ound former administration followed the .and, again, the rest of the world has whatsoever any question referred to in sub­ policy of being firm against the satellites come to believe that we will hand out section (a), or who makes false statments in and of doing all that was within reason our bounty regardless of the recipients' answering any such question, shall be guilty actions. I do not denounce neutralism of insubordination and shall be removed and within decency to bring about the collapse of those regimes in East~rn I .firmly believe that every nation has th~ from his office or employment In the manner right to be neutral. I cannot agree with provided by law. Europe which could not exist for one As day without the support of Russian their decision but I admit their right . .. ( c) used in this section- I do, however, denounce neutralism of H (l) 'the term 'national security' relates to bayonets. It was not a wild Policy of the protection and preservation of the mlll­ liberation, when we knew that abortive the cynical variety which says "I am tary, economic, and productive strength of efforts to revolt would only lead to a neutral/' but then supports on; side of the United States, including the security of blood bath and the loss of hopeless and a dispute. Such an attitude is despi­ the Government in domestic and foreign innocent lives. It was, however, a policy cable. In such cases, I see no reason affairs, against, or from espionage, sabotage whatsoever for the United States to ac­ and subversion, and any and all other (il­ which had as its purpase the support of legal) acts designed to weaken or destroy the U.S. Government for the aspirations tively support such governments. the United States; of the slave peoples for liberty and free­ Everyone has a right to be neutral but "(2) the term 'officer Ol' employee of the dom. It did however encourage resist­ he does not have the right to call on the Government' means-- ance to the Russian tyranny. U.S. taxpayer for support of his govern­ " (A) an officer or employee in or under During the midfifties, we moved from ment. We cannot buy the support of the the legislative, executive, or Judicial branch this position to the far end of the spec­ rest of the world and we should not try. of the Government of the United States· On the other hand, we do have a number "(B) an officer or employee of the Gov;rn­ trum and actively and openly supported ment of the District of Columbia; and a program of resistance and revolt in the of stanch and true friends throughout •• (C) a member of the Armed Forces, the satellites. To our everlasting shame, we the world. Where their governments Coast .and Geodetic Survey, or the Publlc were unwilling to support our words are with us, I say we should support them Health service; with our deeds when the inevitable cata­ to the maximum extent of our means H ( 3) the term 'Federal agency' means any cylsm of Hungary followed as a result of and our resources. department. independent establishment, or our promises. I am sure most of the In like manner, however, I am con­ other agency or instrumentall.ty o! the leg­ world believed that we had lost our nerve vinced that we should not support the lslatlve, executive, or Judicial branch of the when we stood abjectly and shame­ governments of those so-called neutrals Government of the United states; and _who are against us. I am not thereby .. (4:) the term •communist Party' means faced.ly by as the Russian tanks rumbled the Communist Party of the United States, over the remnants of liberty in·Hunga.ry. advocating . a withdrawal of technical or any successors ot such party regardless Inexplicably-perhaps u a result of assistance or the type of assistance which · of the assumed name, whose object or pur­ our shame and perhaps as a result of extends and reaches directly to the peo­ pose ls to overthl'.Ow the Government of the our being lulled into a sense of false se- ple of those countries, but I am advo- 1961 CONGRESSIONAL RECORD - HOUSE 20513 eating that we should not- expend one long friend of my father and, by a sad population of approximately 6/700 ,per­ cent which would tend to support the coincidence, hiS' death preceded that of sons and for 15,000 ac:res of surrounding government of such nations. nor wonid r my father by only 2' weeks. farm lands. waste our taxpayer's funds in develop­ A mark of the esteem in which Sid , Army Engineers ha.ve estimated that, mental programs for such false neutral Simpson was held by the. people of bis without this flood wall, a flood of the governments. · district is a fact, that. following his un­ magnitude of: the one which devastated If there is any doubt as to which coun­ expected death during the congressional the ar.ea in 1943 would,. under present tries should be included in this classifi­ campaign of 1958. the Republican lead­ conditions, cause $10 million damages. cation, let those govemmentS' evaluate ers of his district insisted that his wife. I hope and trust,. therefore, that my their own policies and statements. It Edna Oakes Simpson, accept the party's bill to commemorate our departed col­ was indeed heartening that the Presi­ nomination as her husband's successor. league b~ bes.towing his name on a proj­ dent himself has heralded a shift in this Much against her personal desire and ect which came into being through his direction. The time has come when we inclination, Mrs. Simpson accepted the efforts, will have the full su:ppoirt of all must once again make it clear that we nomination, was elected by, a large ma­ Members of the House regardless of their will support our friends and oppose our jority and served with distinctio:n as a.. political affiliation. enemies. Member of the 86th Congress·. Mr. ALBERT. Mr. . Speaker. will the The above comments are especially Another indication of the high regard gentleman yield? pertinent to Mr. Tito. We have poured held by the people of the 20th District Mr. MACK. I yield to the gentleman our treasure into this country. We have for Sid Simpson and his family is that from Oklahoma. lifted the standard of living of his peo­ until his election in 1942 to the 78th Mir. ALBERT It is most appropriate ple. We have supported him in his for­ Congress this district had been repre­ that the gentleman is seeking to give our eign policy contests, yet he turns his back sented by Democrats for many years. late beloved colleague this honor. I on us in a crisis and embraces the Rus­ Among his, distinguished Democratic served on the Commit.tee on Agriculture sian bear. I ha.ve said much previously predecessors were Henry T. Rainey, who with Sid Simpson for many years. Both in this House oonceming our polley to­ served as Speaker of this House in 1933- he and Mrs. Simpson were close personal ward Yugoslavia. I need only say that 34 ~ Scott W. Lucas, later· to become ma­ biends of mine during their service here, every word r have spoken on this sub­ jority leader of the Senate.; and James and I congratulate the gentleman upon ject is coming true. I think. it is. M. Barnes, a varued White House. aid' the action he is taking in this connec­ abundantly clear that we should at this to President Franklin D. Roosevelt fol­ tion. time inform Mr. Tito that our aid will no lowing hi& oong~ional service. Mr. MACK. 1. thank the gentleman. longer be forthcoming. Sid Simpson was born on September Mr. PRICE. Mr. Speaker, will the Mr. Speaker~ I am not responsible for 20, 1894, in Carrollton, Greene County, gentleman yield?' the making of the foreign policy of the Ill, which was also the hometown of Mr. MACK. I yield to the gentleman United States~ but devoutly hope that the late Speaker Rainey. from Illinois. the words which I have spoken here will Congressman Simpson was, educated Mr. PRICE. Mr. Speaker, I also want have some sma-ll impact on the course in the public- schools of Carrollton and to commend the gentleman for this con­ of our foreign policy and thus. on the served overseas with the American Ex­ sideration and tribute to one of our for­ course of civilization. peditionary Force during the First mer colleagues. Sid Simpson and I World War~ Like-my father, he was one were close personal fli"iends. I made of central Illinois' automotive pioneers, many trips back and :forth to and from THE LATE SID SIMPSON ha.ving been in the automobile business Illinois with Sid Simpson. r wish to Mr. MACK. Mr. Speaker, I ask unan­ i:n carrollton for almost 40 years. Dur­ join the gentleman in the sponsorship imous consent to address the House. for ing all this time he took an active in­ of this proposal. Sid Simpson's work is 1 minute and to revise and extend my terest ,fn political affairs and served for­ worthy of sueh recognition. remarks. almost 30 years as chairman of the Mr. MACK. I will be "¥~ happy to The SPEAKER pro tempore. ls there. Greene County Republican Committee. have the gentleman join me in the in­ At the time of his death, Mr. Simpson objection the request of the gentleman troduction of this bill to was ranking minority member of the from Illinois? a Mr. FINDLEY. Mr. Spea:k:er, r wish to House Committee on Agriculture and support the proposal by the gentleman There was no objection. had previously served as ranking mem­ from Illinois paying propex tribute to Mr.MACK. Mr. Speaker~! have today ber and chairman of the District of Co­ the effective work of the late Congress­ introduced a bill to authorize a change lumbia Committee. He realized that man Sid Simpson in helping to bring in the name of the Beardstown, Ill., flood conservation of this country's soi1 and about the flood control project at. control project to the Sid Simpson­ water resources is essential to our Beardstown. Beardstown flood control project. progress as a nation. He sponsored It would be entirely fitting to change As all of my colleagues know, the late legislation establishing the Sny Island the name as suggested. n is my privi­ Sid Simpson served eight terms in the Drainage and Levy, District along the lege to represent the distriect. which Mr. Congress as Representative of the 20th Mississippi River bordering his district. Simpson sel"ved. with such dist.inction for District of Illinois and was beloved by his He also sponsored construction of the 16 yerurs. It has also been my privilege colleagues on both sides. of the aisle. Beardstown flood wall, which would be to follow through with some of the final Many of them, I. am sure, will remember named in his memory under the bill details involved in comp,letion of the that today is his 67th anniversary of his which I introduced today. Beardstown project, including the addi­ birth.- The Beardstown flood wall extends tion of some much-needed pumping Although Sid Simpson was not a.mem­ along the west bank of the Illinois River equipment~ ber of my pa-rty, I considered him a close in Cass County, Ill., about 70 miles be­ Identifying the Simpson name with personal friend and will always be gra..te.­ low Peoria. Congressman Simpson ob-­ the Beards.town project, is. not only fit­ ful for the many kindnesses which he tained congressional authorization for ting, it is entirely proper. showed to me from the time that I first this project in the Flood Control Act of It is also my privilege to follow the entered the Congress in 1949. 1950. Federal appropriations for the late Mr. Simpson on the Committee on At the time that I was a freshman project to the beginning of the present Agriculture, where he left a vast reser­ Member in the 31st Congress Sid Simp­ :fiscal year totaled $3 ,600,000 and the voir of good will. son was entering upon his 4th term and Public Works, appropriation bill which already was held in high esteem for his was passed earlier this week carried an sagacity, bis integrity, and the faithful­ additional $700,000·, leaving $1 ,230,000 FEDERAL INTERVENTION TO COM­ ness with which he pursued his congres­ needed to complete the flood wall. sional duties. Beardstown is the site of many his­ PETE. WITH PRIVATE FINANCING Despite the difference in our politics toric and tragic floods which have- taken IN MUNICIPAL BOND OFFERINGS he was the first Member of this House to lives, destroyed property, and ruined The SPEAKER pro tempore. Under counsel me when I arrived in Washing­ crops. The Beardstown :flood wall, for previous order of the House, the gentle­ ton and to advise me on the operation which Sid Simpson fought so earnestly,. man from Ohio [Mr. DEVINE] is recog­ of my congressional office. He was a life- will provide protection for Beardstown nized.for 30 minutes. 20514 CONGRESSIONAL RECORD - HOUSE September 20 · Mr. DEVINE. Mr. Speaker, when cause Charleston had been designated as a "With the information given him by Mr. Congress recently considered the omni­ disaster area, the money would be available Stubblefield, the mayor must have ques­ bus housing bill, a number of us pro­ at 3% percent. He said that he would send tioned the wisdom of accepting a bid of a representative to Charleston immediately. 3.94 [sic) percent when a public facility tested against many of its provisions. I The representative is scheduled to arrive in loan might be available at a lower rate. for one, however, never anticipated the Charleston at 11:30 a.m., Thursday, August 3. However, this was surely his own decision results that apparently have come about As the mayor and the sanitary board under­ and was not urged upon him in any way if the offering of municipal sewer reve­ stand it, this representative will be quali­ by any spokesman of the CFA. nue bonds of the city of Charleston, W. fied and authorized to explain all the de­ "It is not and never has been the policy Va., is any indication. I feel the Bank­ tails of the procedure by which the $4 mil­ of the CFA to solicit applications. When ing and Currency Committee and Con­ lion would be made available to the city at inquiries are made, we respond promptly gress collectively should realize the ex­ an interest rate of 3% percent. and advise of any aid which has been au­ In view of these representations by rep­ thorized and which we are in a position to tent of governmental interference into resentatives of the Community Facilities Ad­ supply." private fields which has resulted from ministration, the mayor, the council com­ this legislation. mittee, and the sanitary board were of the Several points seem to need more The city of Charleston, W. Va., adver­ unanimous opinion that they had no choice clarification when this letter is com­ tised $4 million worth of sewer revenue other than to reject all of the bids sub­ pared to other corresPondence from bonds on July 17, 1961. The bid-open­ mitted. Since it was uncertain and is still Charleston officials. For example, the uncertain, whether the requirements of the first quoted paragraph in the CFA letter ing date was 11 o'clock a.m., July 31, Community Facilities Administration can be 1961, and seven investment syndicates complied with by the city, the city council refers to major damage in the city of bid on this offering. The First Boston and the sanitary board were of the opinion Charleston. Under date of July 22, 1961, Corp. account with 13 investment bank­ to recommend rejection of all bids on the the mayor of Charleston replied to some ing firms was the successful bidder with broad ground that it was hoped readvertis­ inquiries regarding major damage in a net interest cost of 3.9453 percent. All ing would result in an interest rate more this way: seven bids were rejected when the fol­ favorable to the city. It was so recom­ It has come to my attention that certain lowing events occurred. I feel it best mended to the council and the latter at its reports of the water damage suffered in and to present the letter of the mayor of meeting held at 8 p.m. on the evening of near the city of Charleston on Wednesday, July 31 followed the recommendation and July 19, may have created some apprehen­ Charleston, giving the sequence of rejected all of the bids submitted at 11 a.m. events: sion in the municipal bond market as to on that day. the soundness of the sewer revenue bonds At 11 a.m. on Monday, July 31, a commit­ This is the way the matter stands at this which the city has advertised for sale on tee of the city council together with the moment, 2 p.m. Wednesday, August 2. Mr. July 31. Jack Lincoln, representative of the Federal mayor, ex officio chairman of the sanitary If such fears exist, they are groundless. HHFA is expected to be in the office of the board, and two members of the board, met The rainfaU on Wednesday night came with in the council chambers of the city build­ mayor of the city of Charleston shortly after 11: 30 a.m. on August 3. such tragic suddenness that approximately ing to open bids on the sewer revenue 20 persons unfortunately lost their lives. bonds, pursuant to notice of sale. Seven Also a number of small homes in narrow sealed bids were presented to the mayor, After the letter was issued, the Com­ munity Facilities Administration made creek bottoms were damaged or destroyed, who presided as chairman. but so far as the city sewer system and its Up to this time neither the mayor nor a release clarifying the situation. revenues are concerned the loss is relatively any member of the council or the sanitary Their release follows: small. In the first place, by far the greater board had any notion that any govern­ WASHINGTON, August 7.-The confusion amount of the property damage occurred mental agency was interested in buying the arising out of the rejection of all bids on a in outlying sections beyond the city limits bonds or lending the money to "the city. $4 mlllion city of Charleston sewer reve­ and outside of the area served by the city's There had been no contact of any character nue bonds on July 31 appeared to have been sewers. Moreover, most of the damage is with any governmental agency relative to dispelled today with a statement by the above ground, not to the sewers or other the subject. Community Facilities Administration. underground installations. At about the time the bids were being The CFA statement, coupled with that I am advised that, because most of the opened at approximately 11: 10 a.m., word given to the bond buyer yesterday by Mayor houses destroyed·are outside the area served was passed on to the mayor and a sanitary John A. Shanklin of Charleston, seems to by city sewers, the reduction in sewer rev­ board member that a representative of some indicate that the misunderstanding was one enues will not exceed one-fourth of 1 per­ governmental agency was present in the room of semantic differences and that none of the cent of the total revenues from the system. and that he had represented to some per­ parties involved was engaged in the usurpa­ Moreover, such reduction as results probably son or persons that the Government agency tion of the prerogatives of any other. will be temporary and, based upon recent represented by him was in a position to experience, will be more than compensated lend the $4 million to the city of Charles­ The clarifying statement from the CFA which, in the main, dovetails with Mr. for by the constantly growing number of ton at an average interest rate of 3% per­ Shanklin's, follows: homes and business structures served by the cent. Charleston sewer system. The bids were promptly opened and tabu­ "Community Facilities Administration lated. A lower bid was submitted by the sent Mr. R. S. Hummel, its West Virginia For the reasons aforesaid, it can be said First Boston Corp. at an average interest field engineer, to Charleston to assist the without reservation that there is no basis cost of 3.9453 percent. In order to verify city in coping with problems which caused for apprehension that the ab111ty of the city accuracy of the computations in the bids major damage and led to the declaration by of Charleston to meet the obligations of and to ascertain the identity of the Gov­ President Kennedy of a state of emergency. the sewer revenue bonds to be sold on July ernment representative present and to learn "Prior to the opening of the bids on the 31 will be impaired. from him the facts as to whether or not bonds, Mr. Hummel was working with the You are at liberty to use this letter in Government money was available at 3% per­ city's disaster director, R. L. Stubblefield, any way you may deem proper. cent or at any rate less than the lowest bid on estimating the probable cost of replace­ Further, it appears that the CFA de­ received, the sanitary board adjourned to ments of the destroyed sewer lines and the mayor's office. The Government repre­ other public facilities. Mr. Hummel men­ nies the allegation that Government sentative was invited to be present. He tioned to Mr. Stubblefield that this was a funds were to be supplied in lieu of the turned out to be Mr. Hummel, with whom type of construction that has in the past private financing and further "this was the mayor was acquainted, but whose Gov­ qualified for public fac111ty funds. surely his own decision and was not ernment connection was unknown to the "The discussion naturally turned to the urged upon him in any way by any mayor. He explained that he was the West rate of interest, and Mr. Hummel told Mr. spokesman of the CFA." This is indeed Virginia representative of the Community Stubblefield that the rate was 3% percent a question of sematics when you reread Facilities Administration. He stated that he and that in areas designated for area de­ had learned just that day that the Com­ velopment the rate was 3% percent. Mr. the mayor's statement regarding the cir­ munity Facilities Administration was in a Hummel suggested that this rate be cumstances. For example, "he had just position to purchase the $4 million revenue checked with the regional office of HHFA learned that the CFA was in a position bonds at an interest rate of 3% percent. in Philadelphia. Mr. Stubblefield promptly to purchase $4 million revenue bonds" He advised that in order to take advantage passed this information to Mayor Shanklin. and "in order to take advantage of this of this it would be necessary to readvertise The mayor checked by phone with the it would be necessary to readvertise for for bids. He suggested that the mayor tele­ Philaddphia office and confirmed the in­ bids" and "the mayor promptly called phone the Philadelphia office of the Com­ formation regarding rates that had been munity Facilities Administration for veri­ given to Mr. Stubblefield by Mr. Hummel. the Philadelphia office-and the money fication. The mayor promptly called the It should be noted here that the discussion would be available at 33/s percent." The Philadelphia office and at approximately 1 here was about new replacement needs and further understanding as expressed by p.m., e.s.t., the mayor talked with Mr. Doidge not related to the bond issue for which bids the mayor was ''this representative will of that office. Mr. Doidge advised that be- had already been solicited. be qualified and authorized to explain 1961 CONGRESSIONAL RECOR0- HOUSlr 20515 all the details of the procedure. by which Defense McNamara, President Kennedy,.. it. We all .know that the Secretary of the $4 million would be' available to the and the gentleman from .Arkansas [Mr~ Defense, the Honorable Robert McNa­ city!' · Fm.BRIGBr] who· originated the idea of mara. testified before that committee for The only. logical conclusion l can disallowing discussion of ·rtgh.twing ideas. several days Blld left a number of in­ reach is that representatives of the CFA within the military; . ferences. did directly interfere- into the bond of­ I share the satisfaction the gentle­ Mr. ROGERS of Colorado. Mr. fering and as a result of their statements man has indicated toda.y in learning that Speaker, will the gentleman yield? effectively stopped the award of the bid. the Senate Armed Services. Committee Mr. DEVINE. I yield to the gentle­ I am pf!,rticularly disturbed at this in has decided to conduct a.fun public hear­ man from Colorado. view of the standing the city of Charles­ ing so that the American people can for Mr. ROGERS of Colorado. There are ton has for municipal offerings. It has themselves learn of the so-called viola­ reports to the effect that. certain infor­ an AA rating and, as witnessed here, tions of which General Walker and many mation was given to the men, those seven private financing- groups were will­ other military personnel have been ac­ voting by absentee ballot in Germany, ing and able to provide the money. cused in giving improper information to as to whom they should cull out aml vote If anyone has other information on their troops. for for Members of the Congress. Are this particular offering, I would certainly The fight against communism, as all you acquainted with that accusation? appreciate receiving it, otherwise, I feel of us know, is a psychological one as well Mr. DEVINE. I am acquainted with this procedure, as conducted by the Com­ as a military one. Socialism and com­ the remarks that the Secretary of De­ munity Facilities Administration, is so munism have a great deal in common fense made before the Committee on contrary to· the intent of Congress that ideologically and, if our generals are pre­ Armed Services, in which he referred remedial action should be taken imme­ vented from showing the relationships. to the fact that this investigation is sup­ diately. It is inconceivable to me why between these ideologies, then our troops pased to have indicated that the gen­ the Federal Government should actively will not understand our enemy and the eral, in response to requests, suggested compete with private financing, especial­ threat it poses to our free system of con­ that persons refer to the Americans for ly where the financing has for all in­ stitutional government. Constitutional Action index in determin­ tents and purposes been secured. Again, let me compliment the gentle­ ing for whom they should vote in Further, the Government proposes to man from Ohio in his usual precise man­ the House or the Senate. lend at 3 % percent for bonds running to ner in presenting these facts to the Con­ Mr. ROGERS of Colorado. Do I un­ the year 2000 and I wonder where the gress so that we can be fully apprised derstand you to say that that was in Federal Government will borrow at this of the implications of the muzzling of response to a request by the men to the rate to loan this money? the military personnel that is now oc­ general as to guidance as to whom they The committee report of June 1, curring. should vote for in the Congress that 1961, on pages 56 and 57, when read in Mr. DEVINE. Mr. Speaker, on the caused him to act'! the light of the above, is most interesting. 17th day of August this year, I spoke Mr. DEVINE. That is the under­ before this House and rather compre­ standing I received from the newspaper hensively outlined the entire situation reparts and from the testimony of the MAJ. GEN. EDWIN A. WALKER relative to the so-called fiasco involving Secretary of Defense before the commit­ Mr. DEVINE. Mr. Speaker, the sec­ Maj. Gen. Edwin A. Walker, command­ tee of the Senate. ond portion of my special order has to ing general ·of the 24th Infantry Divi­ Mr. ROGERS of Colorado. You are do with the case of Maj. Gen. Edwin A. sion in Europe. convinced, then, that the Secretary, Walker. As many of the Members will recall, when he reported that that is what he Mr. ROUSSELOT. Mr. Speaker, will General Walker is an outstanding pa­ found, was not reporting to the Senate the gentleman yield? triot and has a magnificent record as a correctly; is that what you say? Mr. DEVINE. I yield to the gentle­ combat soldier. He was relieved of his Mr. DEVINE. No; I am not con­ man from california. command prior to any investigation as vinced. I am painting out that certainly Mr. ROUSSELOT. I thank the gen­ a result of certain charges that had there is a need for a full-scale hearing tleman for yielding to me. been made against him by a "yellow•• in this matter. There have been many Mr. Speaker, I rise to associate my­ tabloid sheet, the overseas Weekly, a reports that the general was relieved of self with the remarks of the gentleman certain publication that is referred to by his command because it was reported from Ohio rMr. DE.VINE]. The gentle­ many servicemen in much less friendly that he had made certain fnjudicious man from Ohio is to be complimented terms. remarks. Then when McNamara testi­ for again taking the floor and so clearly I was one of a number of Members :fted before the Senate committee he pointing out the need for a full inves­ of this body who demanded an investi­ changed that, and he said no; he was tigation of the rigid control that has gation of this entire General Walker sit­ relieved from duty because he was in now been placed on discussion of com­ uation, not because he was right or be­ violation of the Hatch Act; and then munism by military personnel. cause he was wrong, but because we felt there was a complete change of attack. General Walker's particular case is And I say the American public is en­ more than appropriate to discuss today, we had a right to know the facts. The titled to know. Maybe the general was not only because the Senate Armed Serv­ American people have written thousands wrong, but let him have his day in court. ices Committee just a few minutes ago of letters to Members of Congress de­ Mr. ROGERS of Colorado. I under­ agreed to conduct a full investigation of manding a hearing for the general. stood, when you started a moment ago, this particular problem but also because I might say to the Members of the that you had appeared in the well of the the injustice done to General Walker for House who have not yet received the House on the 17th of August. some of the statements that he has made information that the Armed Services Mr. DEVINE. That is correct. in private life is a clear-cut example of Committee of the other body not long Mr. ROGERS of Colorado. And that the cloud of secrecy that surrounds this ago--a few hours ago as a matter of you were familiar with the accusations whole problem. fact-authorized a full-scale hearing in and the action taken concerning General I have received thousands of letters connection with the General Walker Walker. from my constituents and citizens of case. Mr. DEVINE. I was very familiar California and ·other parts of the coun­ We hope that his case will not be pre­ with the accusation, but none of us. at try who have been tremendously con­ judged, and I say that advisedly, because that point, on the 17th day of August, cerned with this policy of control that it has been reported to me that the chair­ were able to get anything out of the has muzzled military personnel as a re­ man of the Committee on Armed Serv­ Defense Department except a letter sult of the memorandum recently issued ices in the other body, the senior Mem­ which said, as I quoted, he had made by Assistant Secretary of Defense Arthur ber from the State of Georgia, is quoted certain injudicious remarks. Sylvester-. The polfcy enunciated in this as saying that this is "a tempest in a Mr. ROGERS of Colorado. Well, have memorandum is not the entire responsi­ teapot:.. I think that is a most unfor­ you any information contrary to what bility of the Assistant Secretary of De­ tunate remark if, in fact, the gentleman the Secretary of I)P,fense, Mr. McNamara, fense. The responsibility for-this policy did say that. And I think it is ridicu­ told the Senate investigating committee? and all of the ramifications that ·have lous to launch a full-scale investigation Mr. DEVINE. Yes. I may say that I followed must be shared by Secretary of if they have already decided to prejudge received some information unofficially 20516 CONGRESSIONAL RECORD - HOUSE September 20 that I am not at liberty to present to the · his day in court, and so that he is per­ cussion concerning certain kinds of in­ House at this point. The Army did re­ mitted to give the facts. formation on communism they fear that lease what purports to be a digest of the Mr. O'KONSKI. Mr. Speaker, will if they come forward with any informa­ investigation conducted by the Army, the gentleman yield? tion, their positions will be· jeopardized. and I have had an opportunity to see Mr. DEVINE. I yield to the gentle­ Mr. Speaker, I compliment the gentle­ that. This is a digest of 76 pages of a man from Wisconsin. man from Colorado [Mr. ROGERS] for 992-page report. Mr. O'KONSKI. Does the gentleman bringing this point out. It is a very Mr. ROGERS of Colorado. Is this in­ or any Member of the House know if important point. I also commend the formation you have of a confidential na­ General Walker has ever been given an gentleman from Ohio [Mr. DEVINE] for ture that you cannot inform the Mem­ opportunity to answer this report of taking the time to explore further this bers of the House what it is? this man Brown before the investigation very bad situation now confronting mili­ Mr. DEVINE. · Yes, it certainly is, be­ was made? Does the gentleman know tary personnel. cause it was sent to me in confidence by of any opportunity that has ever been Mr. DEVINE. I think the gentleman a member of the military, and I, of given to General Walker to answer the will recall that yesterday on the wire course, would respect that confidence. report of this man Brown-one man's out in the Speaker's lobby it was indi­ Mr. ROGERS of Colorado. Do I un­ opinion? cated that two members of the military derstand that you have approached a Mr. DEVINE. That opportunity, I on the west coast have been relieved of military man who has given you secrets understand, has just been given for the their command, or demoted, for having and that you have promised not to re­ first time today, when this committee of shown the film, "Operation Abolition." veal them? the Senate agreed to hold public hear­ Mr. ROUSSELOT. Today, there is a Mr. DEVINE. No; no inference of ings. My understanding is that the tremendous fear among military per­ any nature should be attached to those general is now on his way back to the sonnel about saying anything on the remarks. This information was sent to United States, and that he is going to subject of communism or of showing the me voluntarily relating to this particu­ employ civil counsel in order to present :film, "Operation Abolition," which was lar question, and in no case relates to his side of the story. produced under the direction of a com­ military security. Mr. O'KONSKI. Does the gentleman mittee of the U.S. Congress. These Mr. ROGERS of Colorado. If it was not think it is a very sad reflection on people fear they will be dismissed or sent voluntarily, how do you now classify Members of Congress and other people downgraded for this kind of action. it that you cannot inform the House? to condemn General Walker before he Again I compliment the gentleman Mr. DEVINE. Because the gentleman is given an opportunity to answer for from Ohio for bringing this matter to requested that his remarks be retained himself? the attention of the House. in confidence, and I am respecting that Mr. DEVINE. The gentleman from Mr. GROSS. Mr. Speaker, will the request, as I am sure the gentleman Wisconsin has struck at the very core of gentleman yield? would. this whole inquiry. The man should Mr. DEVINE. I yield to the gentle­ Mr. ROGERS of Colorado. Is he a have a right to be heard, and to tell his man from Iowa. member of the investigating committee side of the story. Maybe he is wrong, Mr. GROSS. The gentleman from of the Senate or a member of the in­ but let us find out. Colorado [Mr. ROGERS] raised the ques­ vestigating committee of the Armed Mr. O'KONSKI. If the gentleman will tion, How does certain information get Forces? yield further, if the military -gets by with around? Or, How did the gentleman get Mr. DEVINE. No, he is not. this-and I would like to interject one certain information? I want the gen­ Mr. ROGERS of Colorado. Has he more thing: the 32d Division of Wis­ tleman to bear with me while I read a any connection whatsoever with the Fed­ consin was called up yesterday and, nat­ story that came off the United Press In­ eral Government? urally, I had several calls asking how ternational wire today with respect to Mr. DEVINE. I would say to the various members of that division could eavesdropping. gentleman that he is a member of the be def erred from reporting to active WASHINGTON.-House investigators told military service. duty. This is the report I gave to one Government callers today that although "Big Mr. ROGERS of Colorado. A mem­ of the people who called. I asked him Brother may not be watching you, his secre­ ber of the military service? if he really wanted to get out. He said tary probably is listening in on your tele­ Mr. DEVINE. That is correct. phone calls." that he did. I said "You go get a film The House report said a large majority of Mr. ROGERS of Colorado. And as of 'Operation Abolition' and compel the Federal agencies permit telephone eaves­ such has purloined certain information? members of your National Guard to hear dropping. It recommended a complete ban Mr. DEVINE. No. The gentleman it, and to watch it. After you see the on telephone monitoring by Government cannot put words in my mouth. The film, get up and say some nasty remarks officials unless there is an ad\'.ance warning gentleman misinterprets what I said. I about communism and have somebody to the person on the other end of the line. said I have received information from a report you to the Pentagon, and you will The conclusions and recommendations person that was not related to this par­ not report to active duty." were made by the House Government In­ formation Subcommittee after an investiga­ ticular case. Mr. DEVINE. I thank the gentleman. tion of the telephone practices of 37 Gov­ Mr. ROGERS of Colorado. A high­ Mr. ROUSSELOT. Mr. Speaker, will ernment agencies. ranking officer of the Defense Depart­ the gentleman yield? The subcommittee said 33 of the agencies ment, or a high-ranking military officer? Mr. DEVINE. I yield to the gentle­ questioned permitted telephone monitoring, The gentleman says he was given some man from California. 21 had no regulations on the subject and 17 information in confidence from some Mr. ROUSSELOT. I thank the gen­ required no advance warning. man in the military service? tleman from Ohio for yielding and I wish The report also said an initial check indi­ Mr. DEVINE. That is correct. to compliment the gentleman from Colo­ cated many thousands of dollars a year are spent on listening-in devices which allow Mr. ROGERS of Colorado. And is he rado [Mr. ROGERS] for bringing out a secretaries to secretly come on the line and of high rank? very important point in the issue before take notes. Mr. DEVINE. I am not in a position us now. It is that the gentleman from It quoted the General Services Admin­ to reveal that at this time. Ohio [Mr. DEVINE] cannot reveal the istration as saying there were 876 such de­ Mr. ROGERS of Colorado. Why is names of the people who have come to vices installed on telephones connected to the gentleman willing to accept this re­ him from the military, because the mem­ GSA-operated switchboards. A subcommittee spokesman, asked for a port at its face value? orandum that was issued by the Assist­ breakdown on where the listening gadgets Mr. DEVINE. Again, I am not accept­ ant Secretary of Defense has scared were located, said the White House had 5, ing the report. I am saying to the gen­ many of these people from even discuss­ the Peace Corps 40- tleman-and I wish to make it again ing this issue. clear-that I have requested an investi­ Mr. Speaker, I, too, have in my files The permanent law for the Peace gation, and other Members have re­ many letters and personal communica­ Corps· apparently still has not been quested an investigation, so the · true tions from military personnel who re­ signed- facts can come out. I get·a number of side and vote in my district advising that the Budget Bureau 57, the Civil Rights Com­ facts, and other people do. Let us ·have because of the . recent · issuance of this mi'ssion 1, · and the President's science ad­ a full hearing so that· the ·general has particular memorandum curtailing dis- viser 5. 1961 CONGRESSIONAL RECORD - HOUSE 20517 The report said telephone eavesdropping Mr. DEVINE. I agree with the gen­ Service under civil service. Because he should be banned and all types of listen­ tleman and thank him for his contribu­ was giving anti-Communist lectures to ing in should be tightly controlled by clear various Rotary clubs· and other clubs on regulations which, at the very minimum, re­ tion. The great purveyors of freedom quire Government officials to warn callers of speech have been very silent in this his own time he was summarily fired of telephone monitoring. case. Has · anyone heard from the from the Forestry Service, after 15 years "When this is done," it said, "it is unlikely American Civil Liberties Union in regard of civil service. I sent a letter and the the Government will have to run up a to General Walker? speeches down to the Secretary of Agri­ monthly telephone bill for secret snooping Mr. BRUCE. Mr. Speaker, will the culture for his comment as to whether devices to permit telephone eavesdropping." gentleman yield? or not that was going to be the policy of the Department of Agriculture, and Mr. Speaker, I want to commend the Mr. DEVINE. I yield to the gentle­ man from Indiana. asked the Civil Service Commission for gentleman for his statement this after­ comments from them to see whether or noon and thank him for yielding to me Mr. BRUCE. Scanning through one of the Washington newspapers the other not anti-Communist talks by those under to put this in the RECORD. day, buried down in the bottom of a civil service are going to be ground for Mr. ASHBROOK. Mr. Speaker, will column I saw an item that interested being summarily fl.red from their jobs. the gentleman yield,? me a great deal and that should be of So it is not a matter of the military, it Mr. DEVINE. I yield to the gentle­ interest to everyone in this body. It now involves another 3 ½ million Federal man. stated that apparently the big guns were employees who are under the same oath Mr. ASHBROOK. I, too, want to com­ to be leveled at General Trudeau, but the military is under. It can lead to mend my colleague for his work in this the Walker case was brought up and softening up the country for appease­ important area. I know he took the lead this was apparently more logical so they ment, coexistence, and ultimate surren­ on it and is following through. It is our shifted from Trudeau to Walker. I der to the international Communist con­ hope, those of us in this body who want wonder, where this type of thing becomes spiracy. full information and who want some a pattern in our national scene, if there Mr. DEVINE. In connection with the check, if it is at all possible, on what is is any validity to this news report at all, point brought up by the gentleman from going on as far as muzzling of the mili­ and I cannot vouch for it. I think cer­ California [Mr. UTT], it is rather dis­ tary is concerned, that we will be taking tainly an investigation is needed at this turbing today that apparently it is un­ the lead on this. He is doing a fine job. point. I happen to be from a district popular, it is considered corny or some­ It is important that we keep away from where one of the cold war seminars thing to be a patriot. You are criticized partisanship or rancor in this particu­ has been canceled as the result of all for having some pride in the nationalism lar investigation. I know that I have this publicity. Believe me, the people of the United States of America, the been particularly glad to see that it has of the 11th District of Indiana are not Stars and Stripes. When someone gets not been a partisan issue, that in fact taking kindly to censorship at the Fed­ up and makes a report that is for Amer­ a great amount of effort has been put eral level of free discussion. ica or is anti-Communist, as pojnted forth, in addition to those of the gentle­ I thank the gentleman for bringing out by the gentleman in connection with man from Ohio, by Members of the other this point up and making an issue of it. this Forestry employee, they are imme­ party. Mr. DEVINE. The gentleman from diately stepped on. It is probably co­ Mr. DEVINE. That is correct. I would Indiana has had rich experience in the incidence-I hope so--but on December like specifically to point out that the field of radio and communications, and 5 of 1960 there was a meeting in Moscow junior Senator from South Carolina has I am sure he has seen patterns develop. attended by 81 nations, including the been quite active in this overall picture I was warned originally that if things United States, a meeting of the Com­ of the muzzling of the military. Also, in got a little difficult they would try to munist Party. this body, the gentleman from Florida point out General Walker as being a lit­ One of the things they pointed out, [Mr. HALEY], the gentleman from Ar­ tle psycho or eccentric. What happened and which they stressed very strongly, kansas [Mr. ALFORD], the gentleman the other day? They put it out as com­ is this. There is developing across these from Texas [Mr. FISHER]-quite a num­ ing from the Secretary of Defense as de­ United States a strong anti-Communist ber from both sides of the aisle. This is scribing him as eccentric. What does movement and they had to do something not a partisan issue. "eccentric" mean? Somebody says he is about it. What did they do? They Mr. HALEY. Mr. Speaker, will the not a married man and has no children. have started what they call an anti-anti­ gentleman yield? J. Edgar Hoover is a bachelor, and he is communist movement and everybody is Mr. DEVINE. I yield to the gentle­ one of the greatest Americans of our to be stepped on, presumably, who is a man from Florida. time. And so is the Speaker of the patriot. Mr. HALEY. I think the silencing or House. Mr. BEERMANN. Mr. Speaker, will the attempt to silence a man with the Mr. BRUCE. I am always interested the gentleman yield? stature and record of General Walker in these great champions of freedom of Mr. DEVINE. I yield to the gentle­ bespeaks a very bad situation in this speech and those who constantly de­ man from Nebraska. Nation. I think millions of people are nounce guilt by association and guilt by Mr. BEERMANN. I commend the disturbed about this kind of thing. If innuendo, but I have seen since I have gentleman for exploring this problem the people who are charged with the been in Washington more guilt by asso­ and bringing it before us today. I would defense of this Nation, realizing ·what ciation, more insinuation, more refer­ like to say, when I enlisted in World the situation is, cannot speak out to ences that because you are a friend of War II, part of our training was an in­ other Americans, then I say we have this man and they do not like this man, doctrination and understanding of what gone way down the road to a police therefore, you are a bad fellow, too. But we were fighting for. Today, I believe, state. I think every American citizen, those who denounce guilt by association we are fighting socialism in our own regardless of where he may be, should and guilt by innuendo are the great pro­ country and communism in the world. have the right to express his own opin­ ponents of freedom of the press. They I believe it is entirely right that our are doubletalk personified. Armed Forces should be well oriented ion. I do not go along with the idea Mr. DEVINE. It is a question of where that just because a man expresses those and especially well trained to cope with the shoe pinches. this problem. I thank the gentleman for opinions and takes a stand, some bureau­ Mr. UTT. Mr. Speaker, will the gen­ yielding. crat down here is going to have to say tleman yield? Mr. DEVINE. That is similar to the he is eccentric about things. I say to Mr. DEVINE. I yield to the gentleman so-called pro-blue program which Gen­ the people who are doing all this talk­ from California. eral Walker sponsored. Pro-blue is the ing, go back and look at this man's mili­ Mr. UTT. I appreciate the gentle­ opposite way of saying anti-Red. That is tary record, where he has clearly demon­ man from Ohio yielding to me. I did one of the things for which he was criti­ strated that he wants to defend the want to say to him that this is not lim­ cized by the Overseas Weekly. things that have made America great. ited to the Military Establishment. I re­ I yield to the gentleman from Michi­ I say that the people who are doing this ceived a letter just the other day from gan [Mr. JOHANSEN]. should be brought before public opinion the parents of a co~tituent of mine who Mr. JOHANSEN. I would like, first of to let us judge them. had been for l5 ·years in the Forestry all, to pay my respects to the gentleman 20518 CONGRESSIONAL RECORD - HOUSE September 20 and compliment him for th~ very im­ The other aspect of the subject matter agency involved. So you call the head portant service he is rendering the under discussion is this_: You recaU, I am of the agency. The head of the agency Nation and to the cause of free expres­ sure all of us do, the constant harping is in conference. I have never seen so sion on the part of the responsible offi­ and criticism-of the previous administra­ many heads of so many agencies in so cials of the United States including tion on failure to provide information. many conferences at the time a .Con­ those who wear the uniform of the I think it is very interesting to compare gressman called, in the 7 years I have United States. I would like to supple­ the information that the previous ad­ been in this body; they are always in ment his reference to the Moscow docu­ ministration permitted being given out; conference. ment of last December and point out that including the clear unwillingness of Then when you do get them on the they are picking up some goad American President Eisenhower to muzzle the mili­ telephone and ask about some facts you phrases now in their memorandums, and tary. Admiral Burke, time and time are always advised: ''Well, we have not they refer particularly to witch hunting again, told the American people what the made a decision on that and we are not activities in this country, and by reason real Communist menace was, and still in any position to discuss it." Then, of my membership on the House-Un­ others alerted the American people to when a decision is reached,· it is always American Activities Committee, I was the menace. President Eisenhower did announced in the· name of the President complimented to have the recognition not attempt to muzzle him, yet the very of the United States, which is to be ex­ that we are apparently causing some first speech, as I recall that the admiral pected. As I understand it, that is pur­ concern. I would like to off er one other was going to make under the new admin­ suant to instructions previously issued comment. The disarmament legislation istration, he was called on the carpet, by the President that any announcement we voted on yesterday provides for in­ his speech was edited, and then he was coming from any agency should carry tervention in the field of the military permitted to give it. Is that freedom of the name of the President of the United although under the guise of arms con­ information under the New Frontier, I States and of the administration. trol. Yet this legislation, far from ask the gentleman? I think it is high time that this ad­ precluding those throughout the organi­ Mr. DEVINE. Apparently it is. I ministration recognized that the Mem­ zation that is to be set up from express­ am sure the thousands of communica­ bers of this body, be they Democrats or ing their views, specifically provides tions Members of Congress are receiv­ Republicans, are entitled to information, for public relations activities which be­ ing demonstrate clearly that they feel to consultation with subordinates, to an ing translated means propaganda. So, that this was an injustice, also that they opportunity to discuss these matters lt depends first of all on whether you are concerned about this so-called anti­ that are vital to the interest of their dis­ wear the uniform and, secondly, which anti-Communist movement and the trict, as well as to the State and to the side of the case you are arguing from. freedom of speech proposition, particu­ Nation. Mr. DEVINE. In that connection, I larly the condemning a man prior to in­ I, for one, feel very deeply that I have would like to point out to the gentle­ vestigation. that responsibility, I have that right, man, I think the gentleman from Iowa Mr. CRAMER. Mr. Speaker, will the and 1 do not like the idea of the admin­ [Mr. KYL] about 10 days ago here on gentleman yield for one further com­ istration's muzzling every subordinate the floor of the House read excerpts from ment? down the line except those who are in the speech of the President of the Mr. DEVINE. I yield to the gentle­ charge of the department; and I have United States in making his address to man from Florida. had enough experience already to be the graduating class of the U.S. Naval Mr. CRAMER. I have always felt satisfied that that is precisely what is Academy at Annapolis, and in his re­ that a Member of the U.S. Congress was being done. And that is freedom of in­ marks and, of course, I cannot quote entitled to information concerning mat­ formation under the New Frontier. them from memory correctly but, in ef­ ters involving his district, his State, and Mr. PRICE. Mr. Speaker, will the fect, he said that the people in the his Nation, in which he had a particular gentleman yield? service branches of our Government are interest on any matter that did not in­ Mr. DEVINE. I yield. supposed not to involve themselves in volve national security in fact, unless, Mr. PRICE. I just want to recall to politics. But, he said, speaking of him­ of course, he was a member of an inter­ the gentleman from Florida that I just self as President, in his rather rapid ested committee which he would not came through 8 years of the Eisenhower rise from lieutenant junior grade in the otherwise be entitled to. But under this administration. Naval Reserve to Chief Executive of the administration it has been brought to As a Member on this side, I had the United States, he did not pay heed to my attention from personal experience same experience he is complaining of that admonishment as to politics. He that time and time again subordinates under this administration. says it is the duty of military people of at the department will not give out in­ Mr. CRAMER. Mr. Speaker, will the this country not only to know how to formation. Subordinates have specific gentleman yield? throw a hand grenade or fire a rocket instructions to refuse to discuss a Mem­ Mr. DEVINE. I yield to the gentle­ but to acquaint themselves and their ber's matters even involving his own man from Florida. subordinates with their country's eco­ congressional district, and if he wants Mr. CRAMER. I would suggest to the nomic and political situations, and that, to know anything about this matter he gentleman that, of course, I would not I believe, is just what we should find has got to go to the head of the agency. challenge any matter he might state out from the hearings that have been The SPEAKER pro tempore. The with regard to his own personal experi­ authorized by the other body, and it is time of the gentleman from Ohio has ex­ ence. I would say, Mr. Speaker, I do what I believe General Walker was pired. not recall complaints on the part of doing. Mr. CRAMER. Mr. Speaker, I ask Members of the other party, the Demo­ Mr. CRAMER. Mr. Speaker, will the unanimous consent that the gentleman cratic Party on the other side of the gentleman yield? from Ohio may proceed for 3 additional aisle, during the Eisenhower administra­ Mr. DEVINE. I yield to the gentleman minutes. tion, from the standpoint of providing from Florida. The SPEAKER pro tempore. The information. I am not asking for secret Mr. CRAMER. I was going to touch Chair reminds the gentleman that there information. I trust the gentleman will on the remarks of the President at the are other special orders. join with me in suggesting to this ad­ graduation exercises at the Naval Acad­ Mr. CRAMER. I still make the re­ ministration if he did not like it under emy which seemingly would have set a quest. If the Members having special the other administration he should not pattern or given the attitude of the ad­ orders wish, they may object, of course. like it under this administration. ministration with regard to participation The SPEAKER pro tempore. Is there Mr. PRICE. If the gentleman has by the military in matters affecting the objection to the request of the gentle­ any difficulty in trying to get informa­ Government, which I think any Ameri­ man from Florida? tion, I shall help him. can citizen has the right to participate There was no objection. Mr. HOFFMAN of Michigan. Mr. in. In the actions and in regard to the The SPEAKER pro tempore. The Speaker, in view of the fact there is only matter which the gentleman is bringing gentleman from Ohio is recognized for 3 one other special order and the manu­ out, it clearly indicates that apparently additional minutes. script has already been handed in, I there has been a complete reversal so far Mr. CRAMER. In these instances it ask ·unanimous consent that the gentle­ as the attitude of the administration in has been suggested that if I wish Infor­ man may proceed for an additional 10 this field is concerned. mation I should go -to the head of the minutes. 1961 CONGRESSIONAL RECORD - HOUSE 20519 The SPEAKER pro tempore. Is there litical colloquy. There was no intention mary administrative responsibilities on objection to the request of the gentleman of doing that. such matters. That is the reason I made from Michigan? As I said at the outset, there are many the point that I did. Mr. PRICE. Mr. Speaker, reserving persons on both the Democratic as well Mr. DEVINE. I thank the gentleman. the right to object, and I certainly will as the Republican side that are vitally Mr. HOFFMAN of Michigan. Mr. not object, I am enjoying this political interested in seeing justice done. My in­ Speaker, will the gentleman yield? colloquy here. As I stated before, I terest in the Walker case, as I said, Mr. DEVINE. I yield to the gentle­ think every Member on this side has the started when I took the floor on August man from Michigan. same type of complaint to make against 17. I said I did not know the gentle­ Mr. HOFFMAN of Michigan. That is the previous administration that the man; I knew nothing about him other all very interesting, and the gentleman gentleman from Florida has mentioned than the facts I read in the papers, and has a well qualified champion in the he has under this administration. it appeared to me that he had been chairman of the subcommittee of the Things occurred in my district that a charged without an investigation; that Committee on Government Operations, Congressman was not advised of. They he had been relieved of his command; the gentleman from California [Mr. had read it in the newspaper or it was that he had a tremendous war record, Moss]. He has been holding hearings announced by a Member of the other and I thought he was entitled to a hear­ for 5 years on that subject, and I have party. I think these are things that ing, and that was the purpose of my let­ been here 25 years, and I have never those of us who have been around here ter to the chairman of the House Com­ discovered any difference between a bu­ for many years are acquainted with. I mittee on Armed Services for introduc­ reaucrat who was a Republican or one think we have been able to take them ing my Resolution 372. who was a Democrat. They will all keep in stride during the years. Mr. W ALLHAUSER. Mr. Speaker, the information if they do not want to Mr. CRAMER. Mr. Speaker, reserv­ will the gentleman yield? divulge it, especially if it reflects on them ing the right to object, and I shall not Mr. DEVINE. I yield to the gentle­ or one of their superiors. object, I am not talking about a final man from New Jersey. Mr. DEVINE. I thank the gentleman. announcement by an agency regarding Mr. WALLHAUSER. As I understand specific projects, regarding locations, your remarks, you are making two very regarding post offices or an appointment. important points: one, that he be given LEAVE OF ABSENCE I do not expect to be consulted on those his day in court, and two, that his case By unanimous consent, leave of ab­ things, and that is all right with me. not be prejudged. sence was granted as follows: You relieve me of a substantial burden. Mr. DEVINE. That is correct. To Mr. MACDONALD (at the request of But I do say that I do not recall criti­ Mr. WALLHAUSER. That is all you Mr. McCORMACK), from September 20 cism by Members on the other side of the are asking? through September 29, 1961, on account aisle with regard to the ability of a Mr. DEVINE. That is all I am asking. of official business. Member to consult with those subordi­ Mr. W ALLHAUSER. I do not hon­ To Mr. Moss (at the request of Mr. nates before a decision is made. That estly believe that any American in the McFALL), for an indefinite period, on is what I am talking about. In other United States of America or elsewhere account of death in the family. words, to be able to sit down and talk could ever object to the two points you to those people, express your interest are making. in a given project, to plead your case Mr. DEVINE. The American people STEAMSHIP CONFERENCES before a subordinate. But under this are asking, What is the truth? That is Mr. BONNER submitted a conference administration they will not let the sub­ all we want. · report and statement on the bill (H.R. ordinate talk to you. Do you know what Mr. WALLHAUSER. And that is your 6775) to amend the Shipping Act, 1916, happened in one instance? whole point? as amended, to provide for the operation Mr. HOFFMAN of Michigan. Mr. Mr. DEVINE. That is correct. of steamship conferences. Speaker, I withdraw my unanimous con­ Mr. WALLHAUSER. Therefore I sent request. commend the gentleman. I think you SPECIAL ORDERS GRANTED Mr. JOHANSEN. Mr. Speaker, I ask have stated the issues very clearly, and unanimous consent that the gentleman I hope that we will not get into further By unanimous consent, permission to may proceed for 10 additional minutes. colloquy such as we have had. address the House, following the legis­ The SPEAKER pro tempore. Is there Mr. DEVINE. I agree with the gen­ lative program and any special orders objection to the request of the gentle­ tleman and I thank him for his contri­ heretofore entered, was granted to: man from Michigan? bution. Mr. RYAN, for 30 minutes, on Friday Mr. RANDALL. Mr. ·Speaker, reserv­ Mr. CRAMER. Mr. Speaker, will the next, September 22, 1961. ing the right to object, concerning the gentleman yield further? Mr. VANIK, for 30 minutes, on Satur­ subordinates, I want to briefly give you Mr. DEVINE. I yield. day next, September 23, 1961. a personal experience I have had. We Mr. CRAMER. I want to continue Mr. MADDEN, for 20 minutes, on Fri­ have not been here 7 years, we are only with just one comment concerning the day, September 22, 1961. in our third year. But we experienced subject matter I got into just a moment Mr. RANDALL (at the request of Mr. the very same thing the gentleman has ago, if the gentleman will permit. THOMPSON of New Jersey), for 30 min­ been complaining about under the Eisen­ I had requested to discuss a matter utes, today, and to revise and extend his hower administration with these same with a subordinate of one of the depart­ remarks and include extraneous matter. subordinates. I would like the House to ments. I discussed it with him. He know that the Eisenhower administra­ gave me a factual report. Subsequently tion refused to get us some letters of an application was made involving the EXTENSION OF REMARKS Members of the House. , subject matter which he discussed with By unanimous consent, permission to Mr. HOFFMAN of Michigan. Mr. me which came from the State of Flor­ extend remarks in the CONGRESSIONAL Speaker, I make the point of order that ida. That person happened to have RECORD, or to revise and extend remarks, a quorum is not present. (After a made a determination in his own mind­ was granted to: pause.) Mr. Speaker, I withdraw the and he is a professional employee-made Mr. KLUCZYNSKI and to include a request. a determination that apparently was proclamation. The SPEAKER pro tempore. The contrary to the wishes of the Adminis­ Mr. MATTHEWS. gentleman from Michigan asks unani­ trator. That man is now in Russia, Mr. THOMPSON of New Jersey. investigating public works in Russia, at mous consent that the gentleman from Mr.PELLY. the time that the State application is up Mr.ROUSH. Ohio may proceed for 10 additional min­ for consideration. Now, that is an ex­ (The following Members (at the re­ utes. Is there objection to the request? ample of what I am talking about. I quest of Mr. WALLHAUSER) and to include There was no objection. think that a Member of this House is extraneous matter:) Mr. DEVINE. Mr. Speaker, I regret entitled to plead the case of his district Mr. CURTIS of Missouri. that this Walker matter to which I in any matter he is interested in before Mr. ANDERSON of Illinois. originally addressed my remarks has someone who is a subordinate within a Mr. KEITH. resolved itself into perhaps a little po- department and charged with the pri- Mr. CONTE. 20520 CONGRESSIONAL RECORD - HOUSE September 20. (The following Members (at the re­ S. 264. An a.ct for the relief of Mr. and Mrs. Order No. 10654 of Janua?y 20, 19-56; to the quest of Mr. ALBERT) and to include Franklin Leong; Committee on Agriculture. extraneous matter: ) S. 547. An act for the relief of Young Jel 1332. A letter from the Acting Director, Oh and Soon Nee Lee; .Bureau of the Budget, Executive 06'.ce of Mr. SLACK. S. 553. An act for the relief of Olga G. the Pr.esident, transmitting a plan for· works Mr. HEMPHILL. Coutsoubinas and Spyridon G. Coutsoubinas; of improvement relating to the following Mr. BOLAND. S. 592. An act for the relief of Nlshan Der watershed: Box Elder Creek, Mont., pursuant (The f.ollowing Member (at the re­ Simonian; to the Watershed Protection and Flood Pre­ quest of Mr. WALLHAUSER) and to in­ S. 976. An act for the relief of Marta Trela vention Act, as amended (16 U.S.C. 1005), clude extraneous matter:) Terpak; and Executive ·Order No. 10654 of January S. 1053. An act for the relief of David Lew 20, 1956; to the Committee on Public Works. Mr. DENT. Huie; 1333. A letter from the Administrator, Mr. FINDLEY (at the request of Mr. S. 1234. An act for the relief of Max General Services Administration, transmit­ WALLHAUSER) was given permission to 1Ialeck; ting a report on the progress of the Uquida­ extend his remarks in the body of the S. 1355. An act for the relief of Helen tion activities of the national defense, war RECORD on House Resolution 393 and to Haroian; and reconversion activities of Reconstruc­ include extraneous matter. S. 1537. An act !or the relief o! Mrs. Renee tion Finance Corporation, pursuant to Public Derl; Law 163, 83d Congress, and Reorganization s. 1585. An act for the relief o! Margherita Plan No. 1 of 1957; to the Committee on SENATE BILLS REFERRED Ferrem D'Amico; Banking and Currency. S. 1750. An act to strengthen the Federal 1334. A letter from the Commissioner, Bills of the Senate of the following Firearms Act; Immigration and Naturalization Service, U.S. titles were taken from the Speaker's S. 1786. An act for the relief o! Heripsime Department of Justice, transmitting copies table and, under the rule, referred as Hovnanian; of orders entered in cases where the author­ follows: S. 1787. An act -for the relief of Giovanna. ity contained in the Imm1gration and Na­ ·Vitello; tionality Act was exercised in behalf of such S. 520. An act to authorize certain modi- S. 1880. An act for the relief of Johann aliens, pursuant to the Immigration and 1ication of the existing project for the Kas­ Czernopolsky; N.ationality Act; to the Committee on the kaskia River, m., for navigation purposes; S. 1906. An act for the relief of Fares Judiciary. to the Committee on Public Works. .Salem Salman Hamarneh; s. 2008. An act to amend the act of Sep­ S. 1947. An act for the relief of Annemarie tember 16, 1959 (73 Stat. 561, 43 U.S.C. 615a), Herrmann; REPORTS OF COMMITTEES ON relating to the construction, operation, and S. 2070. An act for the relief of Kabalan PUBLIC BILLS AND RESOLU- maintenance of the Spokane Valley project; Farris; and to the Committee on Interior and Insular S. 2118. An act for the relief of Dr. John TIONS Affairs. Lopinto Arzaga. Under clause 2 of rule XIII, reports of S. 2102. An act to redesignate the Jefferson division of the eastern district of Texas as committees were delivered to the Clerk the Marshall division; to the Committee on for printing and reference to the proper the Judiciary. ADJOURNMENT calendar, as follows: S. 2194. An act to amend the District of Mr. MURRAY: Committee of conference. Columbia Unemployment Compensation Act Mr. PRICE. Mr. Speaker, I move that S. 739. An act to amend the Civil Service of 1935, as amended; to the Committee on the House do now adjourn. Retirement Act, as amended, with respect to the District of Columbt-a. The motion was agreed to; accordingly the method of computing inter.est earnings (at 4 o'clock and 19 minutes p.m.) the of special Treasury issues held by the civil House adjourned until tomorrow, Thurs­ 'Service retirement and disability fund, to ENROLLED BILLS SIGNED day, September 21, 1961, at 12 o'clock provide for perman_ent indefinite -appropria­ noon. tion to said fund, and for other purposes Mr. BURLESON, from the Committee (Rept. No. 1240). Ordered to be printed. on House Administration, reported that Mr. DAWSON: Committee on Government that committee had examined and found EXE9UTIVE COMMUNICATIONS, Operations. Eighth report on consumer pro­ truly enrolled bills of the House of the tection activities of Federal departments and following titles, which were thereupon ETC. agencies (Rept. No. 1241). Referred to the signed by the Speaker pro tempore: Under clause 2 of rule XXIV, execu­ Committee of the Whole House on the State H.R. -2279. An act to provide for the with­ tive communications were taken from of the Union. drawal from the public domain of certain the Speaker's table and referred as Mr. THOMPSON of New Jersey: Joint lands in the -Granite Creek area, Alaska, for Committee on the Disposition of Executive follows: Papers. House Report No. 1243. Report on use by the Department of the Army at Fort 1329. A letter from the Director, Bureau Greely, Alaska, and for other purposes; the disposition of certain papers of sundry of the Budget, Executive Office of the Presi­ executive departments. Ordered to be H.R. 3401. An act for the relief of Salva­ dent, relative to reporting that the appro­ tore Cairo; printed. priation to the Department of Agriculture Mr. MILLS: Committee on Ways and H.R. 5343. An act to am.end section 5021 for . "Forest protection and utilization," of title 18, United States Code; Means. H.R. 3508. A bill to amend the Tar­ Forest Service, for the fiscal year 1962, has iff Act of 1930, as amended; with amend­ H.R. 5754. An act to carry into effect a been apportioned on a basis which indicates provision of the Convention of Paris for the ment (Rept. No. 1244). Referred to the the necessity for a supplemental estimate Committee of the Whole House .on the State Protection of Industrial Property as revised of appropriation, pursuant to section 3679 at Lisbon, -Portugal, October 31, 1958; of the Union. of the Revised Statutes, as amended (31 Mr. SMITH o! Virginia; Committee on R.R. 6613. An act for the _relief of Fer­ U.S.C. 665); to the Committee on Appro­ nando Manni; and Rules. House Resolution 472. Resolution priations. taking the bill H.R. 9118 from the Speaker's H.R. 8302. An act making appropriations 1330. A letter from the Acting Director, for military construction for the Department table and sending it to conference; without Bureau of the Budget, Executive Office of amendment (Rept. No. 1245). Referred to of Defense for the fiscal year ending June the President, relative to reporting that the 30, 1962, and for other purposes. the House Calendar. appropriation to the Veterans' Administra­ Mr. BUCKLEY: Committee on Public tion for "Readjustment benefits" !or the fis­ Works. Report on relationship between cal year 1962, has been apportioned on a basis SENATE ENROLLED BILLS SIGNED road contractors and personnel in Florida; which indicates the necessity for a supple­ without amendment (Rept. No. 1246). Re­ The SPEAKER pro tempore an­ mental estimate of appropriation, pursuant to section 3679 of the Revised Statutes, as ferred to the Committee of the Whole House nounced his signature to enrolled bills of _am.ended (31 U.S.C. 665); to the Committee on the State of the Union. the Senate of the following titles: on Appropriations. Mr. BONNER: Committee of conference. S. 29. An act for th~ relief of Ok Nyu Choi 1331. A letter from the Acting Director, H.R. 6775. A bill to amend the Shipping Act, (Ann Wollmar); Bureau of the Budget, Executive Office -0f 1916, as amended, to provide for the opera­ S. 158. An act to confer upon the domestic the President, transmitting plans for works tion of steamship conferences (Rept. No. relations branch of the municipal court for of improvement relating to the following 1247) . Ordered to be printed. the District of Columbia Jurisdiction to hear watersheds: Escondido Creek, CaUf.; Upper and determine the petition for adoption filed Quaboag River, Mass.; Gering Valley, Nebr.; by Marie Taliaferro; Gum Neck, N.C.; W.agon Creek, Okla.; Pine REPORTS OF COMMIT.I'EES ON PRI­ s. 262. An act for the relief of Constan­ Creek, Tenn.; and northeast tributaries of VATE BILLS AND RESOLUTIONS tinos Georgiou Stavropoulos; the Leon River, Tex., pursuant to the Water­ S. 263. An act for the relief of Guisseppe shed Protection and Flood Prevention Act, Under clause 2 of rule xm, reports of Glorioso; as amended (_16 U.S.C. 100.5) ,.and Execut.ive committees were delivered ·to the Clerk 1961 CONGRESSIONAL RECORD - HOUSE 20521 for printing and reference to the pro.Per project, to the Sld . Simpson-Beardstown By Mr. FINDLEY: ftood control pro]e~; to the Committee on H.R. 9329. A bill to prohibit payment un­ calendar, as follows: Public Works. der the 1962 feed grain program for tlle Mr. LANE: Committee on the Judiciary. By Mr. CLEM MILLER: retirement of phantom acres; to "the Com­ H.R. 8325. A bill for the relief of Harrison H.R. 9321. A bill to provide that certain m1ttee on Agriculture. Thomas Harper; without amendment (Rept. Federal lands exclusively administered by By Mr. ST. GERMAIN: No. 1242). Referred to the Committee of the Secretary of the 'Interior shall be man­ H.R. 9330. A blll to amend section 103(a) the Whole House. aged under the principles of multiple use of the Housing Act of 1949; to the Commit­ and to produce a sustained yield of products tee on Banking and Currency. and services, and for other purposes; to the H.R. 9331. A blll to a.mend clause (S) of PUBLIC BILLS AND RESOLUTIONS Committee on Interior and Insular Affairs. section 402 (a) of the Federal Pood, Drug By Mr. RILEY: and Cosmetic Act; to the Committee on Under clause 4 of rule XXII, public H.R. 9322. A bUl to place certain limita­ Interstate and Foreign Commerce. bills and resolutions were introduced tions on the authority of the Federal Com­ By Mr. BROYHU..L: and severally referred as follows: munications Commission to delete previously H.R. 9332. A blll to-amend the Civil Service By Mr. ASPINALL: assigned very high frequency television Retirement Act to provide that certain serv­ H.R. 9314. A bill to provide adjustments channels, to give the Commission certain ice in the Coast and Geodetic Survey shall in order to make uniform the estate ac­ regulatory authority over television receiv­ be considered mllltary service for the pur­ quired for the Vega Dam and Reservoir, Col­ ing apparatus, and for other Pw:POSes; to poses of such act; to the Committee on Post bran project, Colorado, by authorizing the the Committee on Interstate and Foreign Office and Civil Service. Secretary of the Interior to reconvey mineral Commerce. By Mr. CLEM MILLER: interests in certain lands; t.o the Committee By Mr.RYAN: H.R. 9333. A blll to protect homebuyers on Interior and Insular Affairs. H.R. 9323. A blll to amend part m of the by imposing certain requirements and con­ By Mr. DONOHUE: Civil Rights Act of 1957; to the Committee on ditions upon loans made to builders or de­ H.R. 9315. A- bill to amend the provisions the Judiciary. velopers, to assist in financing the a.cquisi-­ of title 35 of the United States Code relating By Mr. SIKES: tion and development of land for residential to the oath of .applicant for patent, and the H.R. 9324. A bill to regulate the foreign usage, by member banks of the Federal Re­ provisions of the Trademark Act of July 5, trade of the United States by providing safe­ serve System, banks insured by the "Federal 1946, relating to verifteation by the appli­ guards to domestic industry against unfair Deposit Insurance Corporation, and Federal cant of application for trademark registra­ and destructive imports and to authorize savings and loan associations; to the Com­ tion, and for other purposes; to the Com­ reciprocal trade agreements between the mittee on Banking and Currency. mittee on the Judic1a.ry. United States and foreign countries; to the By Mr. DOMINICK: Committee on Ways and Means. H. Res. 471. Resolution for early passage of By Mr. FULTON: By Mr. WALTER: H.R. 9316. A bill to provide for the estab­ a long-term Sugar Act; to the Committee H.R. 9325. A blll to a.mend the Subversive on Rules. Ushment of a Federal Advisory Council on Activities Control Act of 1950 so as to provide the Arts to assist in the growth and devel­ that any Federal officer or employee who opment of the fine arts in the Nation's Capi­ willfully fails or refuses to answer, or falsely PRIVATE BILLS AND RESOLUTIONS tal and elsewhere in the United States; to answers, certain questions relating to Com­ the Committee on Education and Labor. munist activities or national security, when Under clause 1 of rule XXII, private By Mr. HENDERSON: summoned to appear before any Federal bills and resolutions were introduced and H.R. 9317~ A bill to amend title 39 of the agency, shall be removed from his office or severally referred as follows: United States Code to provide for restora­ employment; ,to the ,Committee on Un­ By Mr, CONTE: tion of salary to postmasters in post offices American Activities. H.R. 9334. A blll for the relief of Stephen of the fourth class in certain cases; to the By Mr. ASHBROOK: A. Eskin; to the Committee on the Judiciary. Committee on Post Office and Civil Service. H:R. 9326. A blll to suspend all payments By Mr. DELANEY: .H.R. 9318. A bill to replace the existing and contributions by the United States to H.R. 9335. A bUl for the relief of Isignia tariff schedules and trade agreements pro­ the United Nations and its constituent agen­ Kal-0udi Bouziotis; to the Committee on the visions of the Ta.riff Act of 1830, and for other cies pending the completion of an investiga­ Judiciary. purposes; to the Committee on Ways and tion by a Jot-nt congressional committee of By Mr. GALLAGHER: Means. United Nations operations in the Congo; to H.R. 9336. A blll for the relief of Antoni By ~.-'HERLONG: the Committee on Rules. Mentel; to the Committee on the Judiciary. H.R. 9319. A bUl to amend the Internal By Mr. BYRNE of Pennsylvania: 13y Mr. MONAGAN: Revenue Code of 1954 to require the fl.ling H.R. 9327. A bill to prohibit discrimination H.R. 9337. A blll for the rellef of Guerino and publication of 'additional information in edu~tion, housing, public accommoda­ Venditti; to the Committee on the .Judiciary. by certain . tax-exempt noµproflt organiza­ tions, and employment, or against public By Mr. ROUSSELOT: tions which conduct public fund drives, in officials because of race, color, religion, an­ H.R. 9338. A bill for the relief of Mrs. order to prot.ect the publie ag&inst improper cestry, or national origin, .and for other pur­ Clara Tan Wong (Dam To Quyen); to the utilization of the proceeds of such drives; poses; to the Committee on the Judiciary. Committee on the Judiciary. "to the Committee on Ways and. Means. By Mr. EVERETT! By Mr. RYAN: ByMr.MACK~ H.R. 9328. A bill to impose an additional H.R. 9339. A blll for the relief of Joanna H.R. 9320. A bill authorizing the change duty on strawberries and strawberry prod­ Nicolacopoulo; to the Committee on the in name of the Beardstown, Ill., flood control ucts; to the Committee .on Ways and Means. Judiciary.

EXTENSIONS Of REMARKS

Labor Sunday Address by Representative on September 3, 1961. On that occa­ as a. Nation with gr.eat wealth and great sion Mr. RHODES sPoke with clarity and natural and human resources. Vast sur­ Rhode,_, of PeDDSylvania insight concerning the unfinished busi­ pluses and abundance o! food and other ness and goals of the American labor essentials of life offer more than enough for EXTENSION OF REMARKS all. AB a Nation we have great productive movement, and I -ask unanimous consent power. We have the know-how to do the OF that the text of his remarks be printed things that should be done. HON_. _JOSEPH S. CLARK in the CONGRESSIONAL RECORD. Yet we face in this country of -0urs serious Ther-e being no -0bj ection, the text of shortages in such important areas as school .OF PENNSYLVANIA the speech was ordered to be printed in classrooms, hospital beds, highways, con­ IN THE SENATE OF THE UNITED STATES the RECORD, as follows: servation, recreation, sewer and sanitary systems• .health center_s, and other public Weanes-day, September 2D, 1!J61 LABOR SUNDAY MESSAGE services. Mr~ CLARK. .Mr. President, I com­ Ladies and gentlemen, I welcome the op­ Over 5 million citizens are unemployed mend to my colleagues' attention the portunity on this Labor Sunday to speak in our country., despite all the work that insprring Labor Sunday address by Con­ on a matter of great importance to all who n-eeds to be done. Over the years, this heavy are concerned about t2l.e dangers that· sur­ unemployment represents untold billions of gressman GEORGE_ M. RHODES., -of Pe~n~ round us-and about ,our responsibllltles and dollars in lost productivity and ·a waste of -sylvania;, to t:tre. Kuendi_g Memorial Bible our duties aa citizens o! a bee society~ .human and natural resources that is too Class in .St. John:S Evange'llca1 Lutheran These are &el'.ioUs and ehalle:nging i;imes., staggering to estimate. Church in Reading, Pa._, which was as we all can agree. WA3 live In a land o! Many of our most talented youth are being broadcast over Reading station WEEU great opportunity. We are divinely blessed denied educational opportunities for the lack CVII--1297