THE DOMINICAN FAILURE--AND U.S. ROLE IN IT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67B00446R000500120012-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 15, 2016
• Document Release Date: September 22, 2003
• Sequence Number: 12
• Publication Date: June 28, 1965
• Content Type: OPEN

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June 28, 1965 CONGRESSIONAL RECORD - APPENDIX
their pay, by complaints that had gone
unheeded, the workers in the large steel
plant, about 30,000 in all, staged an up-
rising which the government quickly
branded as a revolt. Tanks were rolled
In, artillery pounded the workers, and
regular army troops mopped up the hap-
less workers. In a couple of days, when
it was all'over, more than 100 were dead
and several hundred were wounded,
Though the gallant protest was snuffed
out before It could spread to other towns,
It did have some beneficial effects. The
Polish Communist Government took
heed and improved working conditions,
trimmed the work week and raised pay
scales.
But the meaning of this brief uprising
was clear far beyond the reaches of this
town in western Poland. It showed that
despite Soviet oppression, the will, the
desire for freedom is still very much
alive in Poland. And it is this un-
quenchable spirit that we honor today
on the ninth anniversary of the Poznan
uprising.
The United Nations at 20
SPEECH
OF
HON. LLOYD MEEDS
OF WASHINGTON
IN THE HOUSE OF REPRESENTATIVES
Thursday, June 24, 1965
Mr. MEEDS. Mr. Speaker, at this
time of year we celebrate not only the
birth of our country, but we commemo-
rate the founding of the United Nations.
By long and painful struggle, we severed
our nationhood from that of Great
Britain; by longer and more tortured
experience we discovered that we could
not separate our welfare from that of the
world. Indeed, just as the American
Revolution of 1776 protested violations
of the basic rights and dignities of man,
so did the San Francisco Convention of
1945 protest too many years of bloodshed,
privation, and subjugation of peoples
against their will.
As the United Nations reaches its 20th
anniversary, critics argue that the U.N.
has passed from infancy to senility with-
out a ripe middle age of maturity. While
nations and nationalism have existed
longer than an organization of nations,
it is certain that the parents of the
United Nations regarded her birth as a
blessing to mankind. Much expectation
has become fact. But like any organiza-
tion, the United Nations, regardless of
age, has no will of its own; rather, it
behaves as its members behave. When
states act wisely and in harmony, the
United Nations is applauded for Its
maturity; when countries dishonor the
spirit of the charter, the United Nations
is rendered feeble, never its most power-
ful constituents.
My praise of and good wishes for the
United Nations cannot adequately attest
to the monuments constructed by the
U.N. to the peace and security of man.
Human beings are alive today as a re-
sult of the work done and being carried
on by the United Nations Children's
Fund, the United Nations Relief and
Works Agency, and the World Health
Organization. For example, by 1962 the
World Health Organization had freed
329 million people from the curse of ma-
laria.
In the past few months Americans
have become highly conscious of the
word "escalation." I suggest that this
term would be much more common to
our vocabulary had not the United Na-
tions intervened In Palestine, In Korea,
and in the turbulent religious and ethnic
conflict that is Cyprus. In 1956 the world
created the first international peace-
keeping force, the United Nations Emer-
gency Force. Having this power to bol-
ster the collective wishes of its members,
the United Nations has restored peace to
Suez, and more recently, has prevented
the spread of greater and more ghastly
horrors in the Congo. To utilize the
Emergency Force in Vietnam merits se-
riouG attention, and although we cannot
ignore the Soviet veto in the Security
Council, neither can ? we pass over the
United Nations as a vehicle of negotia-
tions.
Today the United Nations labors under
difficulties, but these troubles are over-
shadowed by the evils which the U.N.
prevents and are dwarfed by the good
which it has accomplished. Not long
ago the Congress appropriated $200 mil-
lion to help finance the operations of the
United Nations. Can anyone in good
conscience say that this was not a wise
investment? Perhaps the future will
necessitate another such investment.
This I would heartily support, for as
President Kennedy said of the United
Nations in an address before the Gen-
eral Assembly in 1961:
Were we but to let it die, to enfeeble its
vigor, cripple its powers, we would condemn
our future.
Let me say that unlike totalitarian na-
tions, the United States is not and never
will be afraid to put its principles and
practices before the world in an open
and honest fashion. But I shudder at
the dire consequences that would ensue
should the world not have a meeting
place where the actions of its members
could be cross-examined, where the
wants of its peoples could be fulfilled,
and where men could come and reason
together.
SPEECH
OF
HON. L. MENDEL RIVERS
OF SOUTH CAROLINA
IN THE HOUSE OF REPRESENTATIVES
Tuesday, June 22, 1965
Mr. RIVERS of South Carolina. Mr.
Speaker, South Carolina and the Nation
suffered a gigantic loss when Senator
OLIN D. JoHNsTox crossed over the river
to take his place in history.
Many great and distinguished men
have served in the Congress of the
United States from South Carolina, but
I know of no man more dedicated to his
own State and to his Nation.
A3365
OLIN JOHNSTON has left an indelible
mark in the annals of our legislative
history. He will be remembered by
countless thousands for his leadership
in improving the working conditions of
those who serve in civilian capacities in
the Federal Government. But, his tre-
mendous accomplishments in this area
cannot overshadow the greatness he
achieved as the only individual in the
history of South Carolina to twice serve
as Governor.
Lawyer, soldier, Governor, Senator.
There are few Americans who can claim
the distinctions which he earned,
OLIN JOHNSTON knew the rigors of war,
having served in combat in France in
World War I. But, above all, OLIN
JOHNSTON understood, loved, and re-
spected the most valuable asset to which
any nation can lay claim-its people.
OLIN JOHNSTON never forgot, not for
one moment throughout his long and
distinguished career, that people are the
only truly indispensable national posses-
sion.
His efforts in behalf of the farmers
of South Carolina, as well as the farm-
ers throughout the United States, will
long be remembered.
But, OLIN JOHNSTON did not limit his
Interest in human affairs to any one par-
ticular group, for he was also in the
forefront in the fight for better work-
ing conditions for men and women
everywhere.
He knew the vicissitudes .of history.
He served as Governor of the State of
South Carolina when poverty and unem-
ployment were common catastrophies
for countless thousands, He served in
the State legislature during periods of
prosperity, and he served in the U.S.
Senate at the height of World War II.
He was continuously reelected by the
people he so ably represented.
I have lost a personal friend. The
South has lost a distinguished and truly
great son. But the Nation has lost an
outstanding patriot who was dedicated
to every cause which led to the better-
ment of our way of life.
No words of mine can console those of
his family and friends who remain be-
hind, but we can take solace in the
knowledge that we were privileged to
know, love, and respect a great man who
left this world far better because he
lived, and durin
,g his lifetime, devoted
his towering intellect, his humanness,
and his energy to people and their prob-
YI///
The Dominican Failure-And
Role in It
EXTENSION OF REMARKS
OF
HON. DONALD RUMSFELD
OF ILLINOIS
IN THE HOUSE OF REPRESENTATIVES
Monday, June 28, 1965
Mr. RUMSFELD. Mr. Speaker, Mr.
James McCartney, of the Chicago Daily
News Washington bureau, writes the fol-
lowing telling report on the critical mo-
ments of decision for the United States
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A RECORD - APPENDIX June 28, 1965
with regard to the Dominican Republic Pressures were exerted upon since the assassination of Rafael Trujillo P:'omise new elections--a tactic that ha be- w aide
established last April, says he found
in 1961. As he points out, our Govern- c0 me a ritual in Latin American coups, the program a shambles when he arrived
ment had hoped to make the Dominican Donald Reid Cabrai, then emerging as the in Santo. Domingo.
Republc a showcase of democracy in cc-an.try's new leader, promised the elections. According to official figures, the United
Latin America, but something, some- Lf8er' however, they were postponed, The States Promised a total of about $65 million
mast recent Promised date was this coming in AID funds to support the Reid regime.
where went, wrong. Surely there are St ptember. That was ore tha
lessons to be learned from the sequence State Department officials say they were Committed' to Boschn the United States had
of events that led up to the present crisis se:'lously worried at the time by the possi- Ide says he believes, that if the re-
in that, land, I commend this report hi ity of a military coup-a move by the far instituteiI program had had more time to
to the readers of the RECoan' rii ht wing that would have meant certain develop it could have
been "politically de-
THE DOMINICAN FfILURE-AND THE U.S. ROLE dit"tatorship. cisive" in the Dominiican Republic. In other
_- , IN IT As time passed, the longer they looked at words, It could have saved Reid.
(By Janies NIcCartne Reid the more they felt he was truly a mod- But he says it was no strong enough at
y) eri-te with whom they could deal, the time the rebellion began.
WASHINGTON.-Ten huge trucks were lined While arguments raged in the island re- How much more time would he have
up in the hot sun. just outside the port of Public, however, President Kennedy was needed?
Haina, near Santo Domingo. They were assassinated. Suddenly there were new ques- "In 4 months we could have had visible
loaded with rich, but rotting melons. tions.
The melons,wgre raised, with U.S. assist- Only a few weeks after President Johnson hevidence the prm--in the form of ousing ij Of the slum,, aural development pro-
ance, to build a commercial fruit industry toc k office, the junta was formally recognized, grams, that sort of thi
in the Dominican Republic as a means of leafing to wide speculation that Mr. Johnson Many State Department- ofScialsenow be-
strengthening the island's economy. This had abandoned what was believed to be Ken- lieve it was a mistake to withdraw the AID
was the first commercial shipment, destined ne;y's anti junta attitude. Program from the Dominican Republic.
for the fruit-starved east coast of the United I tate - Department officials insist this se- Some believe that the lesson to be learned
States. quonce of events was misleading-that Ken- Is that aid. funds should not be used to try to
But gunfire rattled, in the distance and the nec y actually made the decision to recognize appl
10 _ trucks did not move. The g y political tryetage.
blocked-tied up by U.S. Navy ships, bring.. the juntabefore r actually assumed the Presi- one. "In the long run u help that two people," save
tag in supplies for marines, dency in January 1964, the United States most good. We may osesometimes, but in
There was to be no new market, no, new waF 'deliberately cool. There was no - rush the long run it would be the best policy."
industry. to i et a new Ambassador to the scene to re- There are other dilammas as well. Few in
ft was ironic," says Carter Ide, the soft- Place John Bartlow Martin, who had worked the State Department believe that Bosch was
voiced, mustached head of the U.S. Agency closely with Bosch.
for International Develo ment stable enough to have become a successful
p (AID) pro- It wasn't until April-7 months after leader.
gram in the Dominican Republic. "We sue- the - AID mission was removed-that a new "As a Government administrator," says
ceeded in growing melons. But those trucks minion was established and the program one, he was a great short story writer.
just sat there and the melons rotted. It was resumed.
too late." Officials doUbt, to power in retrospect if n su-
B;r State Department standards, Reid ing Bosch :to to power would have proven suc-
In this particular instance, it was too late prof ed to be a top-notch President. No one cessfui.
because the U.S. Government had delib- belicsves he had wide popular support, but Almost all officials take the view that
erately, withdrawn its AID mission in the he 1ras a tough administrator. Dominican:3 are so politically immature that
Dominican Republic to protest a change in The economy was running wild and United expecting them to operate a, democracy in the
government. States and International Moneta Fund ex- U.S.
This is the story of much of what hap- pert, advised Reid that he needed to ipsti- "Mayberwe triedielecttiorsutoo soon," says
pened in. the AID program in the Dominican tute an "austerity" program. one. "Perhaps we should think in terms of
Republic, the, major effect of the United Tl e military, among others, who fought permitting long periods of political duca-
States to build a Caribbean democracy. him tooth and nail, were using military tion before pushing so hard for elections,"
From the - time of the assassination of plan =s to fly in huge quantities of contraband Should the United States have recognized
Dominican dictator Rafael Trujillo In 1961, goods-ln violation of import regulations. the new regime in the Dominican Republic
the United States poured upwards of $100 Milif try brass were getting rich on the pro- when Bosch was Overthrown?, Should it have
million into the Dominican Republic, teed::;
There were many points of crisis, but in withdrawn ipr AID mi have Reid sought to crack down on the Few here pretend to have absolute, answers
retrospect it is clear the most, critical military, he lost vital military support. to these ke
moments of decision for the, United States Than he had more bad luck. The bottom crisis. 3 questions of the Dominican
came on September 26, 1963-the day that dropped out of sugar prices-and sugar Is But evidence does suggest, however, that f Juan Bosch, the U.S.-supported President of the -basic *co gar odes ofd rh en tomini can U.S. indecision on the questions may have
the Dominican Republic was overthrown in economy. ,u
a military-supported coup. - troncniical 12 or 13 cents a pound the pre- contributed heavily to the Dominican
Bosch was the first freely elected President vious year because of worldwide short ages. tragedy.
in Dominican history. Now he had been The result was a vast overproduction of --~~~~ -
booted out by amilitary-supported junta- sugar around the world-and in the Domini-
that hated symbol of Latin American dicta- can I epublic. Recall of Lyndon Johnson's 1959 .State-
torship. By. last September, the -
The United States has been criticized by prodtction became a penalty for over- ments to DOCiOrS in 1959
liberals for tolerating-and sometimes- sup- to 2'/ or 3 cents a p . prices dropped
pound. parting-Latin American dictatorshipas At one time, U.S. experts figured that EXTE.;NSION OF REMARKS
President John F. Kennedy now had to make Reid',- government would survive if It could
a choice. just get through April. The rebellion of
His first choice was to withhold recognition eruptad April 24. - HON. H. ALLEN SMITH
from the new regime as a gesture of protest. "Re d did everything the experts wanted,"
His second was, to withdraw the U.S. AID says one State Department official, "But of CALIFORNIA,
mission. every time he did something right, he lost IN THE HOUSE OF REPRESENTATIVES
He announced that the United States would Political support. He lost the generals for
withhold some $55 million In loan and grant cracki Sg' down on graft, labor for trying to MCSti day, June 28, 1965
aid, much of it administered by AID. stop featherbedding. He had no political Mr. SMITH of California. -Mr. Speak-
Toward the end of October President Ken- sense." er, I would like- to include in the RECORD
nedy stated U.S, objectives. The United But most of his advice, it should be re- today, for the benefit of my colleagues,
States sought a restoration of constitutional called; was coming from the United States. the remarks of Dr. Ralph CTeall, presi-
government" in the Dominican Republic. A key point; however, is that Reid actually dent of the C7alifornia Medical Associa-
That would seem t o have been an ar u- had Iii-tle meaningful U.S. help through his Lion, before the house of Delegates of
g most critical days. This was not because
meet for the restoration of Bosch. An argu- of a lock of desire to help. It was an out-
ment 'raged' in Latin circles at the time over pro- the American n Medical They New
whether the United States should rec gram when Bosch was cancellation of the AID York on Jur:;e 24, 1965. They are as fol
the new regime. Some European countries gram 41ID Bosch was overthrown. lows:
did- An a,ID program cannot be built over- I would like to remind this House that nigh
and
the U
gram that had been in its clinical Session in Dallas, Tex., in De-
pro In the State Department the new regime bui ttup in previo s years-went to pot in the cember 1959, we had the honor of hearing
did not look too bad, month after it was withdrawn:
from the late great Speaker of the U.S.
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June 28, 1965 CONGRESSIONAL RECORD -SENATE
By Mr. SPARKMAN:
S. 2213. A bill to assist in the provision of
housing for low- and moderate-income fam-
ilies, to promote orderly urban development,
to improve living environment in urban
areas, and to extend and amend laws relating
to housing, urban renewal, urban mass trans-
portation, and community facilities; placed
on the calendar.
(See reference to the above bill when re-
ported by Mr. SPAaKMAN, which appears un-
der the heading "Reports of Committees.")
By Mr. ERVIN (by request) :
S. 2214. A bill making certain amend-
ments to the District of Columbia Hospitali-
zation of the Mentally Ill Act; to the Com-
mittee on the District of Columbia.
(See the remarks of Mr. ERVIN when he
introduced the above bill, which appear un-
der a separate headin
Wy
CONCURRENT OLUTION-COM-
BAT INFANTRYMAN' BADGE FOR
DOMINICAN REPUBLIC
Mr. HARTKE. Mr. President, we still
have a great many of our men in the
Armed Forces assisting in the Domini-
can crisis. During the period since our
first activity there, a number of our men
there have been killed and a much
larger number wounded. Those who
have been under fire, of course, com-
prise a still greater number.
This is an action, I believe, which war-
rants the award of that coveted recog-
nition which the Nation has given under
similar, circumstances, and which I un-
derstand we do in South Vietnam, the
Combat Infantryman Badge. The deci-
sion on the matter, of course, must be
made in the Pentagon, but it might help
to stimulate a favorable decision and
give this measure of recognition if the
Congress should express its opinion.
I am, therefore, submitting a concur-
rent resolution which declares it to be
the sense of Congress that members of
the U.S. Army assigned to duty in the
Dominican Republic during the present
crisis should be awarded the Combat In-
fantryman Badge, and that the Secre-
tary of the Army should take the neces-
sary action to do so. I hope is may
receive early consideration.
The PRESIDING OFFICER. The con-
current resolution will be received and
appropriately referred.
The concurrent resolution (S. Con.
Res. 41) to express sense of Congress on
awarding the Combat Infantryman
Badge to member of armed services as-
signed to duty in Dominican Republic,
was referred to the Committee on Armed
Services, as follows:
Resolved by the Senate (the House of Rep-
resentatives concurring), That it is hereby
declared to be the sense of the Congress that
members of the United States Army assigned
to duty in the Dominican Republic during
the present crisis in that country should be
awarded the Combat Infantryman Badge,
and that the Secretary of the Army should
initiate appropriate action to award such
badge to members of the Army, in the grade
of colonel and below, for duty performed in
such country during such crisis.
AMENDMENT OF TITLE 35, UNITED
STATES CODE
Mr. McCLELLAN. Mr. President, by
request, I introduce for appropriate ref-
erence, a bill , to amend title 35 of the
United States. Code and the Trademark
Act of 1946 with respect to appeals in
patent and trademark cases.
The purpose of this bill is to abolish
the existing statutory requirement for
"reasons of appeal." During the 88th
Congress, I introduced a somewhat simi-
lar bill, S. 1940.
The objectives sought by this bill have
been endorsed by the Judicial Conference
of the United States and by the Ameri-
can Bar Association.
The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred.
The bill (S. 2207) to amend title 35
of the United States Code, Patents, and
the Trademark Act of July 5, 1946, as
amended, with respect to appeals in pa-
tent and trademark cases, introduced by
Mr. MCCLELLAN, by request, was received,
read twice by its title, and referred to
the Committee on the Judiciary.
AMENDMENT OF FAIR LABOR
STANDARDS ACT RELATING TO
MINIMUM WAGE AND HOUR REG-
ULATIONS IN SO-CALLED SHEL-
TERED WORKSHOPS
Mr. MORSE. Mr. President, I send to
the desk a bill that would amend the
Fair Labor Standards Act by applying
minimum wage and hour regulations to
what are commonly referred to as shel-
tered workshops.
These are the establishments that em-
ploy handicapped individuals. Over the
years, Congress has accepted the view
that if these people had to be paid the
legal minimum it would be impossible to
employ them altogether.
Yet this is the same argument that
Congress has rejected for all other es-
tablishments. I think the time has come
to recognize that the principle of mini-
mum wage laws applies just as much to
the handicapped person who is gainfully
employed as it does to anyone else. That
principle is that there is a minimum
standard of decent living that should be
covered in wages paid, and that this
standard should be met irrespective of
considerations of productivity.
In some ways, the minimum living
standards for the handicapped are
higher than for others, because with
special needs for care or for devices to
aid them in getting around, the handi-
capped have higher living expenses. Yet
we find that in a shop where these people
are gainfully employed, the handicapped
person may be receiving as little as 30
cents an hour in wages, while the non-
handicapped secretary who handles the
clerical business and the truckdriver
who picks up and distributes the goods
are receiving prevailing wages.
This measure, which is similar to one
introduced in the House of Represent-
atives by Congressman JOHN DENT, of
Pennsylvania, looks to gradual improve-
ment in these conditions. It is not an
outright abolition of the present exemp-
tion, but it requires that wages paid in
most of these establishments be brought
up to the prevailing minimum over a
period of 3 years. It provides that where
special certificates are issued thereafter
by the Secretary of Labor for establish-
ments having special circumstances that
warrant a continued exemption, the
wages paid must be at least 50 percent of
the minimum.
Of course, it will be said that jobs will
be eliminated for this group of people.
That is what is always said when it is
proposed to extend minimum-wage cov-
erage to a group of workers. But when
one sees that 167 of the certificates is-
sued by the Secretary of Labor for
sheltered workshop exemption permit-
ted wages of less than 25 cents an hour,
and 8 permitted wages of only 5 cents
an hour, one cannot be sure that employ-
ment at that level of earned income is
worth saving. Who among us could sur-
vive on an hourly wage of 25 cents an
hour? With the added expenses incurred
by those with physical impairment, I
wonder if we do not in fact encourage
these people to live on public charity
rather than work 8 hours a day for $2
or less.
As I have noted, in cases where the
productivity of the individual is so small
as to be only token, the bill would per-
mit the Secretary of Labor to continue
issuing certificates of exemption. But
even in these cases I believe the minimum
paid should be at least half the legal
minimum.
I hope that this measure can be con-
sidered along with other proposed
changes in the Fair Labor Standards
Act so that we can begin applying the
same worthwhile principle of minimum
wage legislation to the men and women
who work in this type of establishment.
The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred.
The bill (S. 2210) to amend the Fair
Labor Standards Act of 1938 to increase
to 50 percent of the minimum under
section 6 the minimum wage applicable
to handicapped workers employed in
sheltered workshops and to provide for
periodic increases beginning January 1,
1966, and for other purposes, introduced
by Mr. MORSE, was received, read twice
by its title, and referred to the Commit-
tee on Labor and Public Welfare.
AMENDMENTS TO PUBLIC LAW 88-
597, TO PROTECT THE RIGHTS OF
THE MENTALLY ILL IN THE DIS-
TRICT OF COLUMBIA
Mr. ERVIN. Mr. President, less than
a year has elapsed since Public Law 88-
597 was enacted to protect the rights of
the mentally ill in the District of Colum-
bia. Obviously, this is too short a period
to permit a fair commentary on the
effectiveness of the new law. Since a
comprehensive new system was inaugu-
rated with this legislation, it was to be
expected that some time would be neces-
sary to implement it smoothly under new
regulations. We did not attempt to close
every loophole or deal with every detail
by statutory provision, for one of the
complaints about the _ old law was its
rigidity, and its complex, involved ma-
chinery which had been amended in
piecemeal fashion over many years in an
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attempt to meet every situation which
might occur. From reports I have re-
ceived thus far, however, the new system
Is working well. Vast numbers of indi-
viduals in the medical and legal profes-
sions, as well as private citizens, have
indicated satisfaction with the new
system.
Admission statistics compiled by the
staff of St. Elizabeths Hospital illustrate
the salutory impact which the new law
is having In the treatment of the men-
tally ill. Dr. Dale Cameron, Superin-
tendent of the hospital, informed me
earlier this year that it appears to have
changed the composition of admissions to
St. Elizabeths. The number of voluntary
admissions has increased under the new
procedures, while the number of civil
commitments has decreased, and the Dis-
trict of Columbia is beginning to compare
quite favorably In this respect with other
jurisdictions.
These changes were described in some
detail in the "Superintendent's Column"
of the Saint Elizabeths Reporter of
March. It was stated there:
While the professional staff members in the
receiving services of the hospital are well
aware that during the last few months some-
thing is happening in terms of increased ad-
missions, particularly of voluntary and emer-
gency patients, the magnitude of this hap-
pening is perhaps best appreciated by looking
at a few statistics. In the' year before the
enactment of Public Law 80-597, the provi-
sions of which were described in a previous
issue of the Reporter, admissions of civil
patients averaged 101 per month. Of these,
82 percent were committed and only 18 per-
cent were voluntary. Sincg that law was
passed, such admissions have averaged 122
per month and the number is steadily rising.
In January, 145 were admitted. But of even
greater importance is the fact that com-
mitted patients now constitute only 52 per-
cent of admissions, while voluntary and non-
protesting patients account for 48 percent of
all civil admissions.
It is much too soon to predict at what
level these figures will stabilize, but certainly
they Indicate that the new law is having the
effect its sponsors and supporters sought.
Patients are increasingly availing themselves
of needed hospital services without the neces-
sity of being forced to do so.,
The measure drafted it} subcommittee
and passed by Congress dealt with pro-
cedures for hospitalizations of the men-
tally ill and the protection of their rights
once they are in the hospital. Last fall,
just before the passage of the bill, vari-
ous groups expressed an interest in
amending it. Most of the amendments,
I felt at the time, were directed to tan-
gential, longstanding problems not di-
rectly arising from. the provisions of the
bill. They relate to residency, liability
of relatives, and fiscal arrangements of
the District of Columbia and Federal
Governments. In order to afford them
appropriate consideration and study by
committee as to their effect on the policy
of the new law, I am introducing them
now.
At an early date, I hope to schedule
hearings before the Constitutional Rights
Subcommittee to review the operation of
the new law and the course of its imple-
mentation.
I ask unanimous consent that the
amendments be printed in the RECORD at
this point.
The PRESIDING OFFICER. The bill partment of Health, Education, and Welfare
will, i)e received and appropriately re-
feried; and, without objection, the bill
will be printed in the RECORD.
UP bill (S. 2214) making certain
amendments to the District of Columbia
Ho, pitalization of the Mentally Ill Act,
intipduced by Mr. ERVIN, by request, was
received, read twice by its title, referred
to t#re Committee on the District of Co-
lum bia, and ordered to be printed in the
RE( QRD, as follows :
B it enacted by the Senate and House
of Jiepresentatives of the United States of
America in Congress assembled, That section
12 o t the District of Columbia Hospitalization
of the Mentally Ill Act is amended to read
as follows:
` "NONRESIDENTS
",5*.d. 12. (a) If an individual who is a pa-
tient in a public hospital pursuant to section
4, 5, or 7 of this Act is not a resident of the
District of Columbia, he shall, upon the
ascertainment of such individual's residence
in a State, be transferred to that State if an
appropriate institution in that State is
willing to accept him; except that, if an
individual hospitalized under section 4 or
5, oz any other person entitled to demand
his i elease thereunder, protests such transfer
afte:areceipt of notice of the proposed trans-
fer, such protest shall be deemed to be a
demand for such release under section 4(b)
or 5 b) , as the case may be. Notwithstanding
any provisions of the preceding sentence,
alternative arrangements for the care and
trea'.anent of the patient within or outside
the District of Columbia (other than at a
pub:.ic hospital in the District and other than
at the expense of the Federal Government or
the District of Columbia) may be made at
the request of the patient or a responsible
person on his behalf. If the person to be
transferred is an indigent, the expense of
transferring him, including the traveling
expenses of necessary attendants, shall be
borne by the District of Columbia.
"(b) In any proceeding for hospitalization
under court order pursuant to section 7, the
Commission shall, subject to review by the
court, making a finding as to whether the
respisident is a resident of the District of
Columbia and, if then known or readily as-
certEInable, as to his place of residence in
any base in which he is not a resident of
the ',)istrict of Columbia. In the case of any
indi'idual hospitalized under any section of
this Act with respect to whom either of such
findings has not been so made, such find-
ing nhall be made by the Board of Commis-
sion(es of the District of Columbia, or its
designee, subject to de novo judicial review
upor. petition filed by the patient or any
other interested person with the court within
five days after notice of proposed transfer
has ')een given by such Board or designee to
the lfattent. Notice of the proposed transfer
shall; also be given, if known, to the patient's
attorney, legal guardian, spouse, parents, or
other nearest adult relative. Such petition
may be referred by the court to the Commis-
sion:for hearing and report.
"(.5) For the purposes of this section, the
term 'resident of the District of Columbia'
means an individual who has had his prin-
cipal -place of abode in the District of Colum-
bia for more than one year immediately
prior to the filing of the application or peti-
tion referred to in subsection (a) of sec-
tion 5, or 7 of this Act, or is domiciled in
the District of Columbia."
.SE- 2. The District of Columbia Hospitali-
zation of the Mentally Ill Act is amended by
adding at the end thereof the following new
sectiIns:
"TRANSFER OF PATIENTS
"Sec. 21. For the purpose of insuring the
prop it and efficient utilization of the public
hospitals owned and operated by the De-
fare and the Board of Commissioners of the
District of Columbia may, notwithstanding
any other provision of this Act, provide by
agreement for the designation of the specific
public ho~;pital or hospitals to which indi-
viduals shall be initially admissible under
this Act, and for transfer of patients from
one such hospital to another.
"LIABILITY FOR COST OF CARE
"SEC. 22, (a) A patient hospitalized under
this Act or under the Act of June 8, 1938 (52
Stat. 625), as amended, the Act of August
9, 1939 (63 Stat. 1293), as amended, or the
Act of J~ine 22, 1948 (62 Stat. 572). as
amended, or his estate if sufficient for that
purpose, or the father, mother, spouse, or
adult children of such patient, if of sufficient
ability, shall be legally responsible for the
cost of such hospitalization.
"(b) Where the cost of care of a patient
in Saint hlizabeths Hospital is chargeable
against funds of the :District of Columbia or
against Federal funds appropriated to the
hospital, the District of Columbia and the
Superintendent of Saint Elizabeths Hospi-
tal (or his designee) are, respectively, au-
thorized to make such agreements as they
deem necessary with any person legally re-
sponsible therefor for payment to the Dis-
trict of Columbia or to the hospital, which-
ever is chargeable with the cost of the pa-
tient's care, of all or a portion of the cost
of such care. The District and the Superin-
tendent are, further, respectively authorized
to take or cause to be taken appropriate
steps, by legal action or otherwise, (1) to
enforce such, agreements, or (2) in the ab-
sence of an agreement, to recover such cost
of care or a portion thereof, from any per-
son legally liable therefor.
"(c) Notwithstanding the provisions of
section 3 of the Act of August 4, 1947 (61
Stat. 751, 24 U.S.C. 169), the funds collected
pursuant to this section for the cost of care
chargeable to the hospital shall be deposited
in the Treasury to the credit of the then cur-
rent appropriation for the operation of the
hospital.
"AVAILABILITY O:T DISTRICT FUNDS
"SEC. 23. (a) The funds of the District of
Columbia shall not be available for the care
of any patient hospitalized prior to the effec-
tive date of this Act for whom the District
of Columbia was not responsible prior to
the date of this Act; and they shall not be
available for the care of any patient hos-
pitalized an or after that date under this
Act (except those hospitalized in the Dis-
trict of Columbia General Hospital under
section 6 or 7), unless he either (a) has had
his principal place of abode in the District
for more than one year immediately prior
to application for his hospitalization under
this Act or the filing of the petition referred
to in section 7(a), or (b) was domiciled in
the District of Columbia at the time of such
application or filing. Nor shall the District
of Columbia be liable for the cost of hos-
pitalization of an individual under this Act
in any private hospital except pursuant to
contract between the District and such hos-
pital. The term 'domicile' shall not include
domicile established for the sole or primary
purpose of hospitalization.
"(b) Except asotherwise provided in sub-
section (a), the cost of care of patients hos-
pitalized at Saint Elizabeths Hospital under
this Act shall be a charge upon the District
of Columbia and shall be paid by the Dis-
trict to the hospital."
SEC. 3. The amendments made by this Act
shall become effective on the first day of the
first month which follows the date of the
enactment of this Act by ,:more than thirty
days, except that section 23, as added by this
Act, shall be effective on and after Septem-
ber 15, 1964.
Approved For Release 2003/10/15 : CIA-RDP67B00446R000500120012-1