SECRETARY RUSK SHOULD BE STRAIGHTFORWARD AND FRANK IN HIS STATEMENTS IF HE SEEKS PEACE IN VIETNAM

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67B00446R000400080016-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 21
• Document Creation Date: December 16, 2016
• Document Release Date: June 29, 2005
• Sequence Number: 16
• Publication Date: June 7, 1966
• Content Type: OPEN

"'"~*" 11848
Approved-For Re~I:P~Q1 iC~BO~A400080016-3 June 7, 1 ~~6
The importance of such long-range plan-
ning is lIlustrated by recent proposals to
tamper with the funding of this program.
There_~re few activities which have proved
tbei~isgiv~s; ,yvorthwhile than this rela-
tiveYy sma1~ Fi~ra1 assistance provided to the
local citizens. Its success is indicated by its
growth since its start 1n 1954 to now when
it serves more than 92,000 youngsters. Its
practicality is shown by alternatives: It con-
sumes afood commodity oY which some, if
not all would otherwise go .into government
surplus to be sold eventually at below cost.
Its closeness to the people is shown by the ar-
rangement in which for $103 million a year
the government pays three cents per 1/Z pint
of milk, while the school child pays the re-
mainder, usually from two to three cents.
For this investm@nt, the child receives daily
the complete food represented by milk.
The importance of this arrangement can
only be appreciated by noting that because
of the warping of tastes through fads and
advertisement, many children in our more
affluent families receive improper food bal-
ances. But much more serious are the many
case of children who come from families
wl}ere adequate food is not available-chil-
dren who come to school without breakfast,
or children who must go home to sparse or
poorly balanced evening meals. Widespread
flrsti-hand acquaintance by both parents and
by school administrators who are Yamiliar
with the service the school milk program
provides to youngsters has given. it unusual
grassroots support. No one in the country,
whether from rural or urban areas, whether
from a dairy or non-dairy state, has a bad
word to say about this program. There are
Sndeed very few government proposals for
which this coup be said.
It is, therefo e, strange that of a.ll pro-
grams this one should be selected for reduc-
tion and phasing out. Can present develop-
ments be considered otherwise? There is
the proposal to reduce the Fiscal 1967 budget
by $80 million to a mere $21 million. Since
1965 there have been efforts to tighten and
limit expenditures for this program. Recent
action by the House in reinstating the $103
million for Fiscal 1967 reflects .general
repugnaxice at a move. to destroy this pro-
gram, and I feel the Senate will fallow the
lead of the House in this protest. Neverthe-
less, there is the threat.
The basis of this unnatural move is the
argument tha$ the money should be used
elsewhere. I certainly am not unaware of
the unusual demand made on our economy
by the war in Viet Nam. Neither am I un-
sympathetic to the needs oY the impoverished
segments oP our society; in fact I feel this
program Ss a part of these efforts. If the
distinction could be made readily between
the poor and the not so poor in the class-
rooms, and if those able to pay could be
called to do so without psychic harm to
those not able to pay, I would be more sym-
pathetic to this proposal; but this cannot
be done with so intimate a thing as provid-
ing nourishment within the classroom to the
children who need it.
_ S,ook at the alternative: It is,the "means"
test-children who do not have the money
would not be required to pay, while those
who do would be required to meet the full
cost. A determination would be made with-
- in the school. Under this scheme, we would
oblige the child publicly to drink in his
soco-0conomic status along with his mid-
morning snack. Means test for providing
medical. care for the aged was found com-
pletely repugnant because it destroyed hu-
man dignity. Wfiy, now, should this same
program be imposed on children?
It is small wonder that school adminis-
trators woC~ld sooner discontinue the .whole
milk program rather than subject the child
to this humiliation, If money is the item,
it should be gotten elsewhere. We spend
vast amounts on .futuristic programs-in
science, in exploration-all to find and de-
velop our potential resources. I think these
are wise investments. But I must also point
out that the child is a natural resource too-
the most basic, the most valuable, the most
certain natural resource we have. Let's not
SECRETARY RUSK SHOULD BE
STRAIGHTFORWARD AND FRANK
IN HIS STATEMENTS IF HE SEEKS
PEACE IN VIETNAM
Mr. YOUNG of Ohio. Mr, President,
speaking on our involvement in a miser=
able civil war and insurrection within an
insurrection in Vietnam, Secretary of
State Rusk has said he would go any-
where and "negotiate with any govern-
ment" in the search for peace. Recently
in an address in Chicago, President John
son, according to newspaper accounts,
stated "we will negotiate with any gov-
ernment."
I hope that Secretary Rusk is not seek-
ing to be evasive or "cute" in making the
statements he has made. I hope that our
President will clarify this statement at-
tributed to him.
The National Liberation Front fs the
political front, or governing body, of the
Vietcong. We are fighting an undeclared
war in Vietnam against the Vietcong.
The Vietcong does not constitute a gov-
ernment. Secretary Rusk knows that.
It could be argued that Prime Minister
Ky and the generals who overturned the
civilian government in Saigon last June
do not in fact constitute a government.
The facts are that Prime Minister Ky's
Saigon government is not a viable gov-
ernment and is in actual control of less
than one-fourth of the land area of South
Vietnam. Without the support of our
Armed Forces he and.his military regime
would not last 3 days. The Vietcong con-
trol agreat area in what is termed South
Vietnam.
The question Secretary Rusk should
answer is whether in search of peace in
Vietnam are U.S. delegates willing to
meet with delegates represe>,lting the
National Liberation Front, or Vietcong,
along with delegates representing Prime
Minister Ky's regime and delegates rep-
resenting the Hanoi government, of? that
portion of Vietnam north of the 17th
parallel? What is your answer to this
question, Secretary Rusk?'
In April 1965, President Johnson, at
Johns Hopkins University, although de-
claring that the United States would
consent to unconditional discussions,
stipulated we would settle for nothing
less than an independent South Vietnam.
He excluded negotiations with the_Viet-
cong. President Johnson knew, or should
have known, that in excluding the Na-
tional Liberation Front, or Vietcong, that
the government at Hanoi could not end
the fighting in behalf of the National
Liberation Front, or Vietcong, even if it
had wanted to. In Asiatic capitals .the
leaders there regarded this as a device
for perpetuating our position in Vietnam
and assuring the rule of an American
puppet government in Saigon.
Now, most recently, our President has
stated that the presence of the National
Liberation Front is not an ilisurmaunt-
able obstacle and that they would have
no difficulty in being represented or hav-
ing their views represented. Even though
this was an ambiguous acid evasive state-
ment, Secretary Rusk in December 1965,
according to the ?New York Times, "in-
dicated that the Vietcong's political orga-
nization, the National Liberation Front,
would not be given any political status or
influence in South Vietnam .through
negotiations."
Furthermore, when Secretary Rusk
issues pronouncements that the United
States must guarantee the independence
of South Vietnam, how can he reconcile
this with the position he takes when he
makes the statement:
We will go back to the Geneva agreements
and abide by them?
The Geneva agreements specifically
state:
The military demarcation line at the 17th
parallel is provisional and should not in any
way be considered as constituting a political
or territorial boundary.
And in those agreements it was pro-
vided that elections were to be held lead-
ing toward reunifying Vietnam. Very
definitely all of Vietnam, not merely
South Vietnam. Those are the elections
which our puppet head of state, Diem,
called off. Very definitely, the Geneva
agreements make no guarantee of the in-
tegrity of South Vietnam nor of its con-
tinued existence.
President Diem, installed by us as
Chief of State of South Vietnam, an-
nounced in mid-1955 that the elections
promised at Geneva would not be held.
Until 1958 the Hanoi government per-
sisted in its efforts. to arrange for the
promised elections, but Diem, consistent-
ly backed by the United States, refused.
It was at the time evident that Ho Chi
Minh would win the election by an over-
whelming margin. During at least the
first 3 years of the post-Geneva period,
there was a lull in the military struggle.
Hanoi refrained from support of illsur-
rectianary activity in the south. By
repudiating the heart of the Geneva
agreements, Diem made civil war inevit-
able. When, in a civil war, a military
struggle for power ends on the agreed
condition that the controversies will be
transferred to the political level, the side
which repudiates the agreed. conditions
must expect that the military struggle
will be resumed.
Although American support was given
to Diem, the United States did not make
a blank-check commitment to whatever
regime happened to hold power in Sai-
gon. W},}at has been referred to as
"the U.S. commitment" was a limited,
qualified pledge of economic support,
and it was made specifically to Diem's
government. It was not in any sense a
pledge of military support. The corner-
stone of our Vietnam involvement, Presi-
dent Eisenhower's letter to Diem in
October 1954, was simply an undertaking
"to examine" with Diem "how an in-
telligent program of American aid given
directly to your government can assist
Vietnam-in developing and maintain-
ing a strong, viable state, capable of
resisting attempted subversion or aggres-
sion through military means." A criti-
Approved For Release 2005/07/13 :CIA-RDP67B00446R000400080016-3
 ~Iune 7, 1966
Approved For Release 2005/07/13 :CIA-RDP67B00446R000400080016-3
CONGRESSIONAL RECORD -SENATE 1188 7
ESTABLISHMENT OF LINCOLN TRAIL
MEMORIAL PARKWAY IN STATES
OF KENTUCKY, INDIANA, AND
ILLINOIS-AMENDMENTS
AMENDMENT NC1. b86
Mr. DOUGLAS submitted amendments,
intended to be proposed by him; to the
bill (S. 1226) to provide for the establish-
ment and administration of the Lincoln
Trail Memorial Parkway in the States of
Kentucky, Indiana, and Illinois, and for
other purposes, which was referred to the
Committee on Interior and Insular Af-
fairs and ordered to be printed.
7ESTABLISI3MFrNT OF THE PLYM-
OUTH ROCK NATIONAL ~MO-
RIAL
Mr, KENNEDY of Massachusetts. Mr.
:President, I introduce, far appropriate
:reference, a bill to provide for the estab-
:kishment of the Plymouth Rock National
:Memorial, s,nd for other purposes. I ask
unanimous consent to have printed in
the RECORD a statement prepared by me
:relating to the bill.
The ACTING PRESIDENT pro tem-
pore. The bill will be received and ap-
propriately referred; and, without objec-
tion, the statement will be printed in the.
.RECORD.
The bill (S. 3477) to provide for the
establishment of the Plymouth Rock Na-
~taanal Memorial, and for_,ather purposes,
:introduced by Mr. KENNEDY Of MaSSa-
chusetts, was received, read twice by its
title, and referred to the Committee on
:[nterior and Insular Affairs.
The statement Presented by Mr. KEN-
NEDY of Massachusetts is as follows:
iTATEMENT EY SENATOR EDWARD bf. KENNEDY
TO DESIGNATE PLYMOR7TFI ROCFi A9 A NA-
TIONAL MEMORIAL
In 1970, America will celebrate the three
' :hundred and fiftieth anniversary of the land-
Ang of the Pilg4ima at Plymouth Roak. Pl-
~though Americans honor the deeds of these
:hardy Pilgrims who landed in 1620, we have
Aso far neglected to include the site of their
:[ending in the national park system.
Because I believe the historic Plymouth
:flock site should bereserved as an inspira-
tion for all Americans, I want to introduce a
'bill designating Plymouth Rock as a national
:memorial
The dlvere~ity of religious belief we enjoy
today In America. has been a natural devei-
opment of the Pilgrims' own search far a
sand in which to practice their religion.
The origin of our American constitutional
:Loan of government can be traced to thePil-
grims' Mayflower Compact whereby the Pil-
grims established one of the world's first
Civil governments by consent of the gov-
erned..
Finally, the fortitude the Pilgrims demon-
vstrated in the face of unimagined adversity
in founding their settlement has continually
inspired Americans encountering difliculty in
advancing their ideals.
The area Gf the memorial which would be
authorized by this legislation would be lim-
lted, for size is not important in honoring
this national heritage. Last summer, I
:asked the National Park Service to survey
'the location and recommend a suitable park
area. 'The s>ubsequent Park Service report
will be released shortly, and it will be used as
a basis for determining the precise bound-
aries.
In 1835, the astute French commentator
Alexis de Tocqueville noted regarding
Plymouth .Rock:
"Here is a, stone which' the feet of a few
outcasts pressed far an instant; and the
stone becomes famous; it is treasured by a
great nation; its very dust is shared as a
relic."
The affection Americans feel for the cour-
age and vision of the Pilgrims has not
dimmed with the passage of time. It there-
fore seems mast appropriate that Plymouth
Rook be dee>ignated a national memorial.
~ TAX INCREASE DEAD FOR THIS
YEAR-L.B.J. VINDICATED
Mr. PROXMIRE. Mr, President, yes-
terday's announcement that unemploy-
ment increased more rapidly last month
than in any month in 2 years, and that
it is back up to 4 percent should ring
the death knell on any remaining pros-
pect for a tax increase this year.
A few weeks ago the New York Times
reported that at a meeting of the Na-
tion's leading economists overwhelming
favor was expressed for a prompt tax in-
crease to take the steam out of inflation.
But almost every economic develop-
ment since that time has shown how
wrung this economic advice was and how
right the President has been to resist it.
Since the Nation's top economists, in-
cluding William McChesney Martin.,
Chairman of the Federal, Reserve Board,
Paul Samuelson, former president of the
American Economic Association and as
highly respected an economist as we have
in this country, and Walter Heller, the
remarkably able Chairman of the Coun-
cil 9f Economic Advisers under President
Kenxledy-and clearly entitled to be
called the father of the new economics-
since all these brilliant economists told
us we must have a big across-the-board
tax increase and promptly, it may be
that Congress should take a long hard
look at the prime assumption behind the
recamnGiendation of these leading econ-
Ori1tStS.
That assumption is that forecasting
the Nation's economic future has become
a reasonably exact science-even in the
short run. Since the future can be fore-
cast reasonably accurately-the assump-
tion Boos-Congress should pass legisla-
tion to enable the President and Con-
gress to act swiftly to increase or de-
crease taxes to slow dawn inflation or
speed up lagging economic growth.
Incidentally, this recommendation was
the heart of a recent a~ecommendation
by the Joint Congressional Economic
Committee. As one who dissented from
that economic recommendation, I call
'the attention of Membel?s of Congress to
how iii such a convenience would have
served the country, if it had been avail-
able and used, let us say, in April of tTois
year.
If the President and Congress had in-
creased taxes at that time, it is likely that
the 4-percent unemployment of last
month might very well have been sub-
stantially higher. Furthermore, the
business confusion, the taxpayer irrita-
tion, the loss of confidence fn Goverfl-
ment and in the economy could have
been substantial.
What developments in the past month
should teach us is that even the very
best of America's economic brains-and
that best is very good indeed-are not
capable of predicting the shortrun eco-
nomic future.
Under these circumstances, shortr>m
changes in the tax rates to cope with
an immediate expected rise or fall in
economic activity are not practical, in
view of the present developing but still
far-from-perfected level of economic
forecasting.
SENATOR INOUYE SPEAKS OUT FqR
SCHOOL MILK BILL
Mr. PROXMIRE. Mr. President, on
May 12 the Holland subcommittee of the
Senate Agriculture Committee held hear-
ings on my proposal to make the school
milk pragrarn permanent and increase
Federal funding for the program. As we
all know, the administration has pro-
posed to cut this program by 80 percent
so that it will take care of only the needy
and children in schools without a lunch
program. This would reduce program
participation from 18 million children to
3 million children.
Today I draw the Senate's attention. to
a statement made in support of this leg-
islation by the distinguished Senator
from Hawaii [Mr, INOaYE7, who is a co-
sponsor of the proposal. The statement
points out the difficulties in applying a
means test to program participants in
these well written words:
Children who do not have the money would
not be required to pay, while those who do
would be required to meet the full costa. A
determination would be made within the
school. Under this scheme, we would oblige
the child publicly to drink in his socfo-
ebonomic status along with his mid-morning
snack. Means test for providing medicos care
for the aged was found completely repug-
nant because it destroyed human dignity.
Why, now, should this same program be im-
posed on our childrenT
Mr. President, I ask unanimous ran-
sent that the entire statement of the Sen-
ator from Hawaii be printed in the
RECORD at this point.
There being no objection, the state-
ment was ordered to be printed fn the
RECORD, aS fO110WS:
STATEMENT OF HON. DANIEL K. INOUYE, A
UNITED STATES SENATOR FROM THE STATE-OF
HAWAII
Mr. Chairman, I would like to speak' in
savor of S. 2921 because I believe our school
milk program requires stability and perma-
nence. This legislation would provide these
essentials by fixing increments to growth
needs over a period of years.
Approved For Release 2005/07/13 :CIA-RDP67B00446R000400080016-3
 ~ne ~, 1966 p`pproved F~-~~~/'I~~$D~6~~~4~6R000400080016-3
1 1'fi t' n was that even this eco- have shown that-the passion for national encxGROUxD
1 ca to
ca qua
nomic aid was to be subject to Diem's identity, perhaps one should say national National Railroad Adjustment Board
carrying through reforms responsive to survival, is the only ideology that may be The National Railroad Adjustment Board
the aspirations of the Vietnamese people. left to a growing number of Vietnamese." was established in 1934 under the Railway
Except for 'i~x?esident Eisenhower's U Thant argues that escalation of this ing so tailed minored pates between indi-
letter, the only otf~er undertaking. which war on our part must cease. vidual employees ana the carriers. Minor
the administration cites as a proof of a Mr. President, without further delay disputes arise out of grievances or interpre-
Vietnam commitment is the treaty 4f the we should request that negotiations be tation or application of agreements concern-
Southeast Asia Treaty Organization. conducted under the auspices of the ing rates of pay, rules, or working conditions.
But this treaty involves no American United Nations, Or iri the alternatlVe, The Board is divided into First, Second,
pledge to the South Vietnamese Govern- .and probably the more desirable course, be is d I nd Fourth Divisions, with its 3s mein-
ment, which was not and could not be a under the observation and by arrange- resentasivesr of nmanagement~r d vided rbe-
signatory. ment of the International Control Com-
Let us hope that our President, within mission-Poland, India, and C&nada- tween the divisions. Jurisdiction of divisions
!s broken down by employee classifications.
the near future, will publicly state that and that our delegates participate iri The Board handles thousands of disputes
we are willing to negotiate for peace and these negotiations for acease-fire and annually under a procedure which has been
a cease-fire in Vietnam with representa- peace along with delegates and repre- characterized by tae courts as arbitration.
fives of the Vietcong, or National Libera- sentatives of the South Vietnamese Gov- if tae labor and management representatives
tion Front, along with representatives of ernment, of the National Liberation cannot agree, there is provision for selection
the Government of South Vietnam of Front, or Vietcong, and of the Hanoi of a neutral person by the parties or by the
which Ky is at this moment Prime Min- government to try to achieve acease- National MeaiatiGn Board to serve as a
referee.
aster and with delegates of the Hanoi fire aril reach an armistice agreement The Board procedure for handling disputes
government of North Vietnam. and then commence the orderly With- has worked expeditiously in the Second and
U Thant, Secretary General of the drawal of our Armed Forces first to bases Fourth Divisions. For example, the Fourth
United Nations, has won high respect by on the Vietnam coast and then home. Division handles an average of los cases a
reaSOri Of h1S accurate StatemeritS. He year, remaining virtually current with no
Says that our intervention in Vietnam, backlog at all. The Second Division, which
instead of being "a fight for democracy" THE CALENDAR handles an average of 247 cases a year, has a
backlog of little over 1 year's work.
is fast becoming a struggle for "the Mr. LONG of Louisiana. Mr. Presi- However, this is not the case in the First
- identity and survival of Vietnam." dent, there are a number of unobjected- and Third Divisions. The Third Division,
President Johnson and State Secretary to measures an the calendar which I be- which handles an average of 7s5 cases a year,
Rusk would be well advised if they re- lieve could be passed by the Senate at has a backlog of about 31/Z years work ana
spanded to U Thant's plea in a speech at this time. I ask unanimous consent that the First Division, which has never been cur-
Atlantic City for a scaling down of the the Senate proceed to the consideration rent in lets work, has a backlog of approxi-
- war on both sides, and the beginning of of Calendar Nos. 1167, 1168, and 11s9, in mately 7 /z years work.
In summary, under existing procedures pre-
talks by all parties, including representa- that order. scribed In the Railway Labor Act, railroad
fives of the National Liberation Front, The ACTING PRESIDENT pro tem- employees who have grievances sometimes
? or Vietcong. Twenty years of alien in- pore. Without objection, it is so or- have to wait as long as to years or more be-
tervention in armed conflict in Vietnam dered, fare a decision is finally rendered on their
resulting in the deaths of thousands of claim. In addition, in some instances, after
Vietnamese men, women, and children an employee has obtained an award, the car-
RAILWAY LABOR ACT rier concerned refuses to pay the award. The
COUld not do Other than profoundly AMENDMENTS employee is then forced to forgo the award or
affect Vietnamese political life and make go to court where he is required to try his
the lives of 32 million or more men, The bill (H.R. 706) to amend the Rail- case again with the delays and uncertainties
women, and children well-nigh unbear- way Labor Act in order to provide for es- normally attendant upon litigation.
able. tablishment of special adjustment boards During the House and Senate hearings,
The Vietnamese were crushed under upon the request either of representa- witnesses for the unions ana management
French colonialism. After the battle at fives of employees or of carriers t0 re- placed'the blame for the backlog in the First
Dienbienphu, the French gave up the solve disputes otherwise referable to the ana Third Divisions an the failure of the
struggle to maintain their huge colonial National Railroad Adjustment Board, other side to reach an agreement on the dis-
empire in Indochina and withdrew some and to make all awards of such Board position of claims. Regardless of the merits
of the contentions by either side, it is obvi-
200,000 officers and men of their armed final was considered, ordered to a third ous that the National Railroad Adjustment
forces and disbanded the thousands of reading, read the third time, &rid passed. Board in the operation of the First an{1 Third
Vietnamese men enrolled as collabora- Mr. MANSFIELD. Mr. President, I Divisions has failed. The committee there-
tors against the Vietminh, or forces of move that the vote by which the bill was fore believes that a change in existing proce-
national liberation. They did not lose passed be reconsidered. dare is essential. The committee believes
face. France, although no longer a Mr. LONG of Louisiana. Mr. Presi- that the procedure for special boards of ad-
stanch ally of the United States, has dent, I move to lay that motion on the justment provided for in x.R, 7os will re-
move the backlog of cases and provide an
really become a greater and stronger ila- table. expeditious means of handling future cases.
Lion since withdrawal from Vietnam and The motion to lay on the table was when either party requests a special ad-
from another war of liberation in Algeria. agreed to. justment board, the committee contemplates
The Geneva accords provided for elec- Mr. LONG of Louisiana. Mr, Presi- that a number of disputes will be referred to
Lions,which our puppet in Saigon, Diem, dent, I ask unanimous consent to have that board. The committee believes it would
refused to honor. Then the.Vietnamese printed in the R,ECOeD an excerpt from only result in a proliferation of special boards
from the north who had fought as allies the report (No. 1201), explaining the to request a special boas for each claim
and collaborators alongside the French purposes of the bill. presented by an employee.
colonial oppressors migrated to the south There being no objection, the excerpt Carrier witnesses testified that many of the
claims presented by employees and disputes
by the thousands, and many thousands of was ordered to be printed in the RECOen, referred to the Board are frivolous or at least
- those in the south who had fought for as follows: without merit. Although the committee is
national liberation migrated to areas PURPOSE OF THE BILL not prejudging any claims, it believes that
north of the 17th parallel. The principal purpose of the bill is to claims should be carefully screened by the
U Thant has Stated clearly that 20 eliminate the large backlog of undecided party submitting it. The committee believes
years of outside intervention and the claims of railroad employees pending before fullt t onsidered be b th the carrierdand em-
presence Of a sUCCeSSiOri of foreign the National Railroad Adjustment Board, to Y Y
expedite disposition of grievances and dis- ployee representative in an attempt to re-
armies has so profoundly affected _Viet- pates over the interpretation and applied- solve the dispute before submission to the
to present the conflict there as a contest portunity for limited judicial review of
between Communism and democracy. awards of the Board to employees and
Section 3, First, (m) of the Railway Labor
Act provides that awards of the National
Approved For Release 2005/07/13 :CIA-RDP67B00446R000400080016-3
 11850
Approved For F~e~~e~?~(~Q~/~7/13 : RECORD67B ENATE00400080016-3June 'I', 19 u~
Railroad Adjustment Board shall be final
"except insofar as they shall contain a money
award." There is no means specified in the
law, oi;her than resort to courts, whereby any
award of the Board may be :enforced. Un-
der section 3, First, (p) of th`e-act; provision
is made for court enforcement of awards ren-
dered in favor of employees. Such an em-
ployee may bring action in the U.S. district
court to enforce said award. The findings
and orders of the Board shall be prima facie
evidence of the facts as stated in the award.
There is no other prov151on for judicial review
of decisions of the National Railroad Adjust-
ment Board.
This results in the incongruous situation
that if an employee receives an award in his
favor from the Board, the railroad affected
may obtain judicial review of that award by
declining to comply ,with it. If, however,
an employee fails to receive an award in his
savor, there is no means by which judicial
review might be obtained. The committee
believes that this result is unfair to em-
ployees and that an equal opportunity for
judicial review should be provided under the
act. Also, because the National Railroad
Adjustment Board has been characterized as
an arbitration tribunal by the courts, the
grounds for review should be limited. to those
grounds commonly provided for review of
arbitration awards. H.R. 706 provides an
equal opportunity for judicial review and
limits that review "for failure of the division
to comply with the requirements of this Act,
for failure of the order to conform, or con-
fine itself to matters within the scope of the
division's jurisdiction or for fraud or corrup-
tion by a member of the division making the
order".
The committee gave consideration to a
proposal that the bill be amended to include
as a ground for setting aside an award "ar-
bitrariness or capriciousness" on the part of
the Board. The committee declined to adopt
such an amendment out of concern that such
a provision might be regarded as an invita-
tion to the courts to treat any award with
which the couri- disagreed as being arbitrary
or capricious. This was done on the as-
aumptlon that a Federal court would have
the power to decline to enforce an award
which was actually and indisputedly with-
out foundation in reason or fact, and the
committee intends that, under this bill, the
courts will have that power. The limited
grounds for judicial review provided in H.R.
708 are the same grounds that are provided
in section 9 of the Railway Labor Act and also
Public Law $8-108, which provided arbitra-
tion for the so-called work rules dispute.
HOUSE HEARINGa AND PASSAGE 6F H.R. 706
Hearings on these amendments to the Rail-
way Labor Act were held in the House for 4
days during the 86th Congress and 3 days
during the 89th Congress. H.R. 708 was re-
ported from the House Interstate and Foreign
Commerce Committee on October 1, 19G5.
The bill passed the House without amend-
ment by a vote of 380 to 0 on February 9,
1966.
SURVEY OF FISIiING RESOURCES
The Senate proceeded to consider the
joint resolution (S.J. Res. 20) to author-
ize and direct the Bureau of Commercial
Fisheries to conduct a survey of the ma-
rine and fresh water commercial fishery
re"sources of the United States, its terri-
tories, and possessions which had been
reported from the Committee on Com-
merce with an amendment to strike out
all after the resolving clause and insert:
That the Secretary of the Interior is hereby
authorized and directed to conduct a survey
of the Character, extent, and condition of the
coastal and fresh water commercial fishery
resources, including both~thc~se resources now
being utilized by United States and foreign
fishermen and thaw. potential resources
which are latent and unused, of the United
States, its territories and possessions, includ-
ing coastal and distant water fishery re-
sources in which the United States has an
interest or right.
SEC. 2. The Secretary of the Interior is di-
rected to submit through the President a
report to the Congress as soon as practicable,
but not later than January 1, 1988, concern-
ing the results of the survey authorized and
directed in the preceding section.
SEC. 3. There is authorized to be appropri-
ated, out of moneys in the Treasury not
otherwise. appropriated, such funds as may
be necessary far the purpose of carrying out
the provisions of this joint resolution, but
not to exceed ffi200,000.
The amendment 'was agreed to.
The joint resolution was ordered to be
engrossed far a third reading, was read
the third time, anti passed.
The preamble eras ordered to be
stricken and the following inserted:
Whereas the United States has the richest
and most extensive coastal and inland fishery
resources of any nation brit has failed to de-
velop, to utilize., and to conserve her fishery
resources to the fullest extent; and
Whereas the fishery resources of the United
States and of waters continguous to the
United States have, by their variety and
abundance, attracted- the fishing fleets of
many Europeaai and Asiatic nations and en-
couraged them to send fishing vessels to those
waters which are more numerous, larger, and
superior in capacity and equlpmezlt to those
of the United States and with such enter-
prise and capabilities as to threaten these
resources with depletion or extinction; and
Whereas the 1958 Cseneva Convention on
Fishing and Conservation of the Living Re-
sources of the High Seas came into force and
effect on March 20, 1966, and the Convention
far the first time under international law
recognizes the dominant and special interest
and rights of a coastal nation to adapt regu-
lations to conserve fishery resources adjacent
to its coast under conservation programs
based on scientific studies of the resource;
and
Whereas additional biological data must
be gathered and scientific resource studies
be completed to provide for an effective im-
plementation of ottr recently acquired rights
to conserve our coastal fishery resources un-
der the 1958 Convention: Therefore be it
The title was amended, so as to read:
"Joint resolution to authorize and direct
the Secretary of the Interior to conduct
a survey of the coastal .and fresh water
commercial fishery resources of the
United States, its territories, and posses-
sions."
Mr. LONG of Louisiana. Mr. Presi-
dent, Iask unanimous consent to have
printed in the RECORD an excerpt from
the report (Na. 1202) ,explaining the pur-
poses of the joint resolution.
There being no objection, the excerpt
was ordered to be printed in the RECOaD,
as follows:
PIIRPOSE OF TIIE RESOLUTION
The purpose of the resolution is to direct
the Secretary of the Interior to conduct a
survey of the U.S. coastal and inland fishery
resources.
LEGISLATIVE IiLSTORY
The legislation: is similar to a resolution
enacted in May of 1944, which authorized
a survey of the fishery resources of the Unit-
ed States and which resulted in the publi-
cation of Senate Document 61, 79th Con-
gress, 1st session, entitled "Fishery Resources
of the United States^,
The resolution is also similar to Senate
Joint Resolution 174 of the 88th Congress
which passed the Senate late in the session
without any action being taken by rile House
of Representatives. Senate Joint Resolution
29 was introduced on January 19, 1965.
Hearings-were held April 19, 19G8, with tetati-
mony in support of the measure received
from Dr. Stanley A. Cain, Assistant Secretary
far Fish and Wildlife and Parks, U.S. Depart-
ment of the Interior and by Donald L. rJic-
Kernan, Director, Bureau of Commerc;fal
Fisheries, U.S. Department of the Inter:or.
The resolution Is also supported by other
Government agencies including the Depart-
ment of State and?i~y numerous national fish-
ery organizations such as the National Fish-
eries Institute, the National Canners Asso-
ciation, Tuna Rtuearch Foundation, National
Shrimp Congress, the Atlantic States Mar:tne
Fisheries Commission, and the Pacific Marine
Fisheries Commission.
THE AMENDMENT
The catnmittee amendment focuses i;he
survey on the extent and condition of i;he
inland .and coastal fishery resources of t;he
United States. Tkte Secretary of the Interior
under rho resolution as introduced was ~di-
rected to study an extensive number of broad
areas of Interest to the fishing industry such
as processing techniques, marketing prfrb-
lems, and the radiation-pasteurization of
fishery products. The amount of money au-
thorized and time permitted were not suffi-
cient to permit a meaningful study of all the
problems of the fishing industry. The ptir-
pose of the amendment is to concentrate the
effort on one of the most fundamental prob-
lems, namely a lack of sufficient information
abotit -the resource particularly the enormous
underutilized coastal fishery resources which
are currently being threatened by foreign
fleets.
NEED FOR TIIE LEGISLATION
A comprehensive survey of the inland and
coastal fishery resources of the United States
will meet two important needs. The study
will encourage the domestic use of the enor-
mous underutilized marine resources of the
United States and will provide scientific data
necessary to regulate and conserve the coas~tai
fishery resources under the 1958 Geneva
Convention oti Fishing and Conservation of
the Living Resources of the High Seas.
During the past 30 years world fishery pro-
duction has about tripled. During rite safne
period, the U.S. production has remained at
the. same level-5 billion pounds--with ap-
proximately 90 percent taken from coasl;al
waters and 10 percent taken by the U.S.-flag
fishing vessels off foreign coasts. The poten-
tial annual catch of fishery resources in the
U.S. coastal waters has been recently esti-
mated to be approximately flue times the
present domestic catch.- These unutilized
marine resources are? being increasingly ex-
ploited off our coasts by foreign fishing ves-
sels, primarily Russian and Japanese. Dur-
ing the past 5 years, foreign fleets have been
attracted to our coastal waters by .the avaal-
ability of enormous unutilized marine re-
sources. In the summer of 1965 no less thrin
1,000 large foreign fishing vessels were en-
gaged in harvesting fishery resources within
50 miles of our coast. Ten years ago, the for-
eign catch in the North Pacific coastal waters
was negligible. In 1965, over 2 billion, pounds
were taken by Russia and Japan in the East-
ern Bering Sea and the Gulf of Alaska. If
the U.S, fishing industry and fishermen h