CONGRESSIONAL RECORD - SENATE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP69B00369R000100020023-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 15, 2016
• Document Release Date: December 30, 2003
• Sequence Number: 23
• Publication Date: August 8, 1967
• Content Type: OPEN

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:Fugust 8, 1967 CONGRESSIONAL RECORD - SENATE S 11131
pean nations and Lebanon, any political that there should not be discrimination As you know, Section 203(a) (7) provides
refugee in flight from a Communist against refugees from Communist China. that conditional entries shall be made avail-
country who tries to enter the United Indeed, the Department has consistently able by the Attorney General to aliens wholi
States by way of any Asia or Pacific area supported legislation and programs for help are examined by Immigration and Natura-
ould be effectively barred from admis- to Chinese refugees, including the Far East zation officers. Although this section of the
won d0 this ectivt Refugee Program, which the Department ad- law is administered by the Immigration and
1y, unless he somehow ministers, and the several immigration laws Naturalization Service (INS), the Attorney
manages to reach one of those seven under which Chinese refugees have been and General and the Secretary of State have
countries. are being admitted to the United States. agreed that the Department of State will
This partial implementation of the Under present circumstances, this is one of designate the countries in which it is con-
law, I emphasized, was clearly a violation the few ways by which we can demonstrate sidered feasible and in the foreign policy
Of tspirit and intent of the mmigra- that the historic friendship and humanitar- interests of the United States for the im-
of the
Reform Act of 19t o the ra- ian concern of the American people toward migration and Naturalization Service to un-
ministration orm had f strongly which the ad- the Chinese people continues. dertake the examination of applicants for
the vn reason that it y would supported Several thousand Chinese refugees re- conditional entry. Also involved are agree-
inate or the very discrimination full Our ceived visas under the Refugee Relief ments with the countries of asylum to the
f
Act of 1953 and over 2,000 more obtained arrangements necessary for INS to conduct
basic immigration law.. Special refugee visas under Section 15 of Pub- these operations. These include the right of
Mr. President, I ask that the text Of lic Law 85-316, the Act of September 11, 1957. INS officers to interrogate applicants, the
my letter of July 12 to the Secretary be Following the massive influx of refugees from right of access to local government records
printed at this, point in the RECORD. Communist China in 1962, the President au- on the refugees and the right to return
There being no objection, the letter thorized the use of the Attorney General's refugees to the asylum country within, a
was ordered to be printed in the REeOtD, parole power under Section 212(d) (5) of the period of two years if they are found in-
as follows: Immigration and Nationality Act for the ad- eligible to remain in the United States.
mi i
ss on
f
Hon. DEAN RUSK,
Secretary of State,
Department of State,
o
Chinese from Hong Kong. As a The Department in consultation with the
JULY 12, 1967.
result, during the period 1962-65 over 15,ooo Immigration and Naturalipzation Service has
Chinese, most of them refugees from Com- given consideration to the possible extension
munist China, were paroled into the United of the benefit of Section 203(a) (7) to other
States. Many of these Chinese benefited from areas For
l
examp
e in addition t th t
.,oewo
that provision of Section 203(a) (7), which million or so Chinese in Hong Kong who
D R,SECRETARY: It is my understand- permits the use of up to 5100 numbers an- might qualify as refugees, the million and
ing that political refugees from Communist nually for the adjustment of the status of a half Palestine refugees in the Middle East
China escaping into Hong Kong may not refugees already in the United States. pose a similar problem. However, under the
enter the United States conditionally, as More recently the removal of law a maximum of only 10,200 refugees may
provided under
Section 203 a of the y quota and
Immigration and Nationality Act, because as other restrictions by the Act of October 3, be, granted conditional entry annually and
that provision_ is administerd, causeca.t 1965, which amended the Immigration and hall of this fatal, or 5,100 numbers, may be
enter on a conditional basis from one of only lief for Chinese refugees in Hong Kong, In
seven countries-Austria, Belgium, prance, the quota year ending June 30, 1965, before
.West Germany, Greece, Italy and Lebanon. the new Act had modified the national ari-
None of these nations, it should be noted, is gins system and the discrimination of Asians
in the Asia and Pacific, areas, and all but associated with it, only 2,122 Immigrant
Lebanon are in Europe. visas were issued by the Consulate General
This to me is a clear violation of the spirit in Hong Kong. In the year ending June 30,
of the Immigration Reform Act which the 1966, the number of visas issued had risen
Congress passed in 1965, and which the Ad- to 6,911, and in the year ending June` 30,
ministration so strongly supported because 1967, the number is expected to reach about
it would eliminate racial discrimination from ten thousand, almost five times the number
our basic immigration law. What we have issued before the new law was enacted. In
eliminated by law is being restored by ad- the last few years the number of Chinese
Ininistrative decree. This is most unfortunate immigrants has increased to the extent that
and smacks of racism. voluntary relief agencies and others have
-I therefore urgently request that Hong reported that many of the Chinese are hav-
Kong and another country in Southeast Ing difficulty in finding jobs and housing In
Asia-perhaps Thailand or Singapore-be the United States except under conditions
added to the list of areas through which which are substandard and not on a par
political refugees from Communist countries with their skills and previous level of living.
may be granted entry into the United States. With regard to the language of Section
With aloha, 203(a) (7) of the Immigration and Nation-
Sincerely yours, ality Act, the Department is in full agree-
HIRAM L. Foxc. ment with you that the language of the
Mr. b'ONG, On July 25, the Depart- sstta u would permit the conditional entry
refugees from mel3t of State replied to my urgent re- ever, among the considerations involved no In
quest that refugee offices be established the implementation of Section 203(a) (7)
in Hong Kong and Thailand or Singa- was the position of the Congress as noted
pore. Mr, President, I ask that the full in the reports of Committees of the Judi-
text of this letter be printed in the dory of both the Senate and the House.
RECORD at this point. These reports stated that the conditional
There being no objection, the letter entry of refugees as proposed in this bill
was ordered to be printed in the RECORD, ex
was istettheliexi t the n parole the so- all dilFa r
as follows: Share Act and that it was intended that
DEPARTMENT OF STATE, the procedure should remain the same. Pub-
Washington, July 25, 1967. lie Law 86-648, the Fair Share Act of July
Han HIRAM L. FONC, 14, 1960, was enacted for the specific pur-
U.S. Senate, pose of resettling the overflow of refugees
Washington, D.C. In Europe and the Middle East. In accord-
DEAR SENATOR FONG: Secretary Rusk has ance with Congressional intent for the im-
asked me to thank you for your letter,of July plementation of that law, the seven coun-
12 in which you request that Hong Kong and tries mentioned in your letter-Austria,
'another country in Southeast Asia be added Belgium, France, West Germany, Greece,
to the list o$' areas through which political Italy and Lebanon-were designated as cen-
refugees from Communist countries may be ters for the parole of refugees. With the
granted conditional entry into the United passage of the new Immigration Act, and
States under Section 203(a) (7) of the Immi- in line with the language of the Congres-
gration and Nationality Act. The Department sional reports, these same countries have
is glad to give you its views on this,matter. continued to be the only ones from which
I should like to. state at the outset that refugees are being processed for conditional
the Department of State shares your view entry.
t z
made available for the adjustment of status
of refugees already in the United States.
Therefore, the numbers of Chinese who
might enter the United States under these
limitations whould have relatively little im-
pact on the total refugee situation in Hong
Kong. Should Hong Kong (or the Middle
East) be opened up for the implementation
of conditional entry, the problem of ad-
ministering the presumed huge number of
applications, of making determinations as
to the applicant's refugee status, and of
trying to assign priorities among potential
applicants far in excess of the numbers avail-
able would be most difficult. There would be
a special problem in Hpng Kong where the
authorities consider persons entering the
Crown Colony without legal documents as
"illegal immigrants" rather than "refugees."
'Whereas in European countries, refugees
apply for and receive asylum under definite
standards related to the provisions of the
United Nations Convention on Refugees, -no
such determinations are made in Hong Kong.
These are the considerations upon which
the Department thus far has withheld desig-
nation on Hong Kong as an area for the
examination of applicants for conditional
entry. You may be assured, however, that the
Department will continue to keep the ques-
tion of enlarging the scope of the refugee
program under serious consideration.
I appreciate the opportunity which your
letter provides to explain the Department's
position in this matter.
If there is any additional information
which you believe we can furnish, please let
me know.
Sincerely yours,
WILLIAM B. MACOMBER, Jr.,
Assistant Secretary for Congressional
Relations.
Mr. FONG. Mr. President, today I have
written another letter to the Secretary.
While I appreciated very much the De-
partment's extensive exposition of its
views on this situation, and while its sup-
port of past efforts to assist refugees es-
caping from Communist China and other
areas of Asia and the Pacific I find to be
indeed commendable, I was absolutely
not satisfied with the points raised by the
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CONGRESSIONAL RECORD - SENATE August 8,7-191-07-
. In effect, the Department's letter sim- The reason for this is the limited num- in Asia and the Pacific. I appreciate very
ply underlines its policy of refusing to ber the Congress has seen fit to allow into much the extensive exposition of the Depart-
.
aCCept political refugees from Asia and the United States each year. ment's views on the matter.
I am well aware of the past efforts on the
the Pacific. It is a flat refusal by the The primary relevant criterion for con- part of this country to assist refugees escap-
Department to reconsider this unfortu- sidering their admission to the United ing communism from Communist China and
nate policy, and as such I strongly believe States in this context is that all such other areas of Asia and the Pacific. The De-
that the Department is guilty of gross refugees be given an equal footing, re- partment's support of these efforts is indeed
discrimination against Asia and the gardless of race, color, or national ori- commendable. But this should not excuse the
Pacific. gins. full implementation of the spirit and intent
This racial discrimination is being As for foreign policy considerations, of I the law.
also fully aware of the language practiced wholly without sanction of the the establishment by the Department of con-
tained in the Reports of the language
on
19615 Immigration Reform Act, but rather refugee offices in Asia and the Pacific the Judiciary of both Senate and House- re-
by administrative fiat undoubtedly would greatly enhance garding the implementation of Sect),on 203
The problems which are outlined in America's image in that critical area of (a) (7) of the Immigration and Nationality
the Department's letter have been raised the world. By doing this, we would be Act of 1965 whic ih quite true thathe De rt-
only for the purpose of avoiding the full demonstrating to the hundreds of mil- ment's letter. fexample, contains the following
implementation of a law that has been lions of people in Asia and the Pacific Report, "The pconditional le contai entry of refu-
gees passed by the Congress. that America does not discriminate geesut for
as proposed in this bill is not unlike the
There is no question that the overrid- against them-in favor of the peoples of parole procedure utilized during the exist-
ing public policy underlying every single Europe and the Middle East. ence of the so-called Fair Share Act ... and
aspect of that 1965 law is the complete I am certain that the United States is intended that the procedure remain the
elimination of race discrimination from would encounter no difficulty in reaching same .-
our of the Senate a ort clear!
our basic immigration statute. This agreements with the countries of asylum This is language hatprocedurally the re Senate Report port cl the
transcendent public policy is made abun- I have proposed to enable INS screening indicates
Fair Share Act. But ural nothing it follows
Rep he
othe nly those
dantly clear in statements of President of applicants for conditional entry. The says that the t. refugees should in
Johnson, when he submitted the bill to United Kingdom, and the sovereign covered by the Fair Share Act.
Congress and when he signed the meas- states of Thailand and Singapore un- As you point out yourself on page 2 of your
heo the language
hs into law, and in all the legislative exdoubtly would be more than tend their fullest cooperation willing this tletr: ion 203(a) t(7) regard
Immigration and Na-
When the law. tionality Act, the De aartment is in full agree-
statutory that public policy is applied to country in this regard. with you that the language of the
statutory provisions dealing with politi- There appear to be no insurmountable ment ment would from the language
entry o cal[ refugees, it is plain to me that such obstacles, therefore, to establishing refu- statute
refugees ldom permit the ico China."
refugees in the Asia and Pacific areas gee offices in the Asia and Pacific areas, There is no question that the overriding
should be placed on exactly the same and that the problems outlined in the public policy underlying every single aspect
footing as political refugees in Europe Department's letter are subterfuges un- of the 1965 Law is the complete elimination
and the Middle East. der which the Department is openly of race discrimination from our basic immi-
Mr. President, the language contained flouting the intent and spirit of the Im- gration statute. This transcendent public
in the reports of the Committees on the migration Reform Act of 1965. policy is made abundantly clear in state-
Judiciary of both Senate and House re- All that is requested is that at least ments of President Johnson, when he sub-
garding the implementation of section two refugees offices be established in the muted the bill to Congress and when he
signed the measure into law, and in all the
203 (a) (7) of the Immigration and Na- Asia-Pacific area. Only when this is done legislative history of the Law.
tionality Act of 1965 which was noted in will. the Immigration Reform Act of 1965 When that public policy is applied to stat-
the Department's letter is: be fully implemented as to its basic un- utory provisions dealing with political refu-
The conditional entry of refugees as pro- derlying policy of complete eradication gees, and fortified by what we all agree to
posed in this bill is not unlike the parole of race discrimination. be the meaning of Sections 203(a) (7), it is
procedure utilized during the existence of in view of the language of the law and plain Pacific areaatsc should be placed on exactly
the so called Fair Share Act ... and is in- its overriding intent, the Asia-Pacific and n same footing ube aced on x ctly
tended that the procedure remain the same, area has been grossly discriminated rthe ope and in the Middle East.
This language of the Senate report against-not by law, but by administra- I can understand the problems outlined in
clearly indicates that procedurally it tive flat. It has not been placed on the the Department's letter with respect to polit-
follows the Fair Share Act. But nothing same footing as Europe and the Middle ical refugees in Asia, particularly those in
in the report says that the refugees East. Hong Kong. But I am convinced these prob-
should be only those covered by the Fair It is imperative that the language and lems are exactly what you have had and are
spirit of the law be -fully implemented. experiencing in most of the seven nations
Share Act. This could be -done by designating Hong where you have established refugee offices.
As the Department itself points out on To be sure, there is the "problem of ad-
page 2 of its letter: Kong and another nation-Thailand or ministering the huge number of (Hong
With regard to the language of Section Singapore-as points through which ref- Kong) applications"-particularly in com-
203(a) (7) of the Immigration and Nationality ugees might be processed at the earliest parison with the small number of refugees
Act, the Department is in full agreement possible date. to be admitted annually under the 1965 Law.
with you that the language of the statute I am very hopeful that the Secretary This again appears, however, to be a prob-
would permit the conditional entry of refu- will give this urgent matter his personal lem common to political refugees the world
gees from Communist China. attention and that he will take the steps over-whether they may come from Europe,
obvious the Middle East, or Asia. The reason for this
wrong have suggested to right is the limited number the Congress has seen
I can well understand the problems I
outlined in the Department's letter with ave in the Department's s an policies re- fit to allow into the United States each year.
respect to political refugees in Asia, par- specting political refugees in Asia and the The primary relevant criterion for consid-
t:icularly those in Hong Kong. But I am Pacific. ering their admission to the United States
convinced these problems are exactly Mr. President, I ask unanimous con- in this context is that all such refugees, al-
what the Department has had and is sent that the full text of my letter of though limited in- number, be given an equal
experiencing in most of the seven nations today to the Secretary ofState be printed footing, regardless of race, color, or national
in the RECORD at this point. origins.
where it has established refugee offices. letter As for foreign policy considerations, the
To be sure, there is the problem of ad- There being no objection, the establishment by the Department of refugee
ministering the huge number of Hong was ordered- to be printed in the RECORD, offices in Asia and the Pacific undoubtedly
as follows: would greatly enhance America's image in
pa ris ap on with tihe s--particularly in reu- AUGUST 8, 1967. that critical area of the world. By doing this,
gees ees to be with the admitted small annually number of under ref- Hon. DEAN Rvsx, we would be demonstrating to the hundreds
to the Department of State, of millions of people in Asia and the Pacific
7.965 law. Washington, D.C. that America does not discriminate against
This again appears, however, to be a DEAR MR. SECRETARY: This will acknowledge them-in favor of the, peoples of Europe and
problem common to political refugees receipt of the response of the Department of the Middle East.
the world over-whether they may come State, dated July 25, to my letter concerning I am certain that the United States would
from Europe, the Middle East, or Asia. political refugees from Communist countries encounter no difficulty in reaching agree-
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..- Aug tst 8, 1967 CONGRESSIONAL RECORD - SENATE
ments with the countries of asylum I have
proposed to enable INS screening of appli-
cants for conditional entry. The United King-
dom, and the sovereign states of Thailand
and Singapore undoubtedly would be more
than willing to extend their fullest coopera-
tion to this country in this regard.
There appear to be no insurmountable ob-
stacles to establishing refugee offices in the
Asia and Pacific areas. It is therefore evident
to me that the problems which are outlined
in the Department's letter have been raised
to avoid the full implementation of a law
duly passed by the Congress.
All that is requested is that at least two
refugee offices be established in the Asia-
Pacific area. Only when this is done will
the Immigration Reform Act of 1965 be fully
Implemented as to its basic underlying pol-
icy of complete eradication of race discrimi-
nation, Only then will America not be
accused of reverting to the Ill-advised pol-
icies of the past.
In view of the language of the Law and
its overriding intent, the Asia-Pacific area
has been grossly discriminated against-not
by law, but by administrative flat. It has
not been placed on the' same footing as
Europe and the Middle East.
It is imperative that the language and
spirit of the Law be fully implemented. This
could be done by designating Hong Kong and
another nation-Thailand or Singapore-as
points through which refugees might be
processed at the earliest possible date,
I look forward to your favorable reply.
Sincerely yours,
HIRAM L. FONG.
Mr. FONG. I also ask unanimous con-.
sent to have printed in the RECORD two
editorials, one entitled "Refugees and
Race," published in the Honolulu Adver-
tiser of July 16, 1967, and the other en-
titled "Lingering Discrimination," pub-
lished in the Honolulu Star-Bulletin of
July 27, 1967.
There being no objection, the edito-
rials were ordered to be printed in the
RECORD, as follows:
REFUGEES AND RACE
U.S. Senator Hiram Fong has pointed up
what seems to be a glaring racial gap in
this country's treatment of refugees seeking
political asylum.
Under a State Department determination,
refugees from Communist nations can seek
conditional entry into the U.S. only from
certain countries ' in Europe and the Medi-
terranean region-not from anywhere in the
Asia-Pacific area.
Senator Fong wants Hong Kong, Thailand
and Singapore included as points where per-
sons can seek to come to the U.S. under the
refugee category.
China's cultural revolution, Hong Kong's
rioting and Indonesia's actions against over-
seas Chinese would all seem to add even
more humanitarian reasons for making it
possible for refugees to come here from
Asia.
Yet the present State Department no-
door-for-Asia policy is described by some
as a reversal of a previous program that
brought some' 14,000 refugees from Hong
Kong to the U.S. between 1962-66. That was
hardly a number that would flood the coun-
try, but it at least reflected an interest.
The irony of this policy on refugees is,
that it, comes at a time when the regular
immigration channels are bringing an in-
creasing number of Asians to the U.S.
Under the Immigration Reform Act of 1965
this figure has almost doubled, to some
40,000. Chinese and Filipinos have shown the
biggest increases.
flexibility and democracy into our immigra-
tion standards, has been rightly hailed. Sen-
ator Fong was a co-author with Senator
Edward Kennedy.
Now Senator Fong is right in citing the
contrast between this law and our treatment
by administrative decision of legitimate
Asian refugees who have fled communism or
other oppression.
The State Department may have its rea-
sons, but they are invisible, and unviable.
We should obviously not discriminate on a
racial basis. It is also important that we
should not seem to do so,
LINGERING DISCRIMINATION
Political refugees from Communist China
seeking asylum in the United States have to
go all the way to Europe-or to Lebanon-be-
fore they can qualify for entry.
There is nothing in the law that sets up
this limitation; it is so because of an admin-
istrative order.
Sen. Hiram L. Fong is pushing to get the
order changed to include Hong Kong and
either Thailand or Singapore as additional
clearing points for refugees from political
persecution.
The order now permits conditional entry
of refugees from Communist countries to
enter the United States only from Austria,
Belgium, France, West Germany, Greece,
Italy and Lebanon. Sen. Fong notes that all
but one of these are in Europe, none in the
Asia-Pacific area.
The Immigration Reform Act of 1965
sought to eliminate racial discrimination
from our basic immigration law. "What we
have eliminated by law in 1965 is being re-
stored by administrative decree," Sen. Fong
protests.
His request that Hong Kong and either
Thailand or Singapore be added to the list
of refugee way stations is reasonable. It
would help remove the lingering discrimina-
tion against the Pacific-Asia triangle that
Hawaii's spokesmen in Washington have
tried for years to end.
EXPORT-IMPORT BANK ACT
AMENDMENTS OF 1967
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that the Senate pro-
ceed to the. consideration, of Calendar
No. 478, S. 1155.
The PRESIDING OFFICER. The bill
will be stated by title.
The LEGISLATIVE CLERK. A bill (S. 1155)
to amend the Export-Import Bank Act
of 1945, as amended, to shorten the name
of the bank, to extend\for 5 years the
period within which the bank is author-
ized to exercise its functions, to increase
the bank's lending authority and its au-
thority to issue, against fractional re-
serves, export credit insurance and
guarantees, and for other purposes.
The PRESIDING OFFICER. Is there
objection to the present consideration
of the bill?
There being no objection, the Senate
proceeded to consider the bill which had
been reported from the Committee on
Banking and Currency, with an amend-
ment, to strike out all after the enacting
clause and insert:
That (a) the Export-Import Bank Act of
1945, as amended (12 U.S.C. 635-635i), is
amended by changing "Export-Import Bank
of Washington", wherever that name refers
to the legal entity created by the Export-
Import Bank Act of 1945, to "Export-Import
Bank of the United States". t
(b) Section 2(b) of such Act is amended
by inserting "(1)" after "(b)", and by add-
ing at the end thereof a new paragraph
.as follows:
"(2) It is further the policy of the Con-
gress that the Bank in the exercise of its
functions should not guarantee, insure, or
extend credit, or participate in an extension
S 11133
of credit (A) in connection with the pur-
chase of any product by a Communist coun-
try (as defined in section 620(f) of the For-
eign Assistance Act of 1961, as amended),
or agency or national thereof, or (B) in con-
nection with the, purchase of any product
by any other foreign country, or agency, or
national thereof, if the product to be pur-
chased by such other country, agency, or
national is, to the knowledge of the Bank,
principally for use in, or sale to, a Com-
munist country (as so defined) : Provided,
That whenever the President determines that
such guarantees, insurance, extension of
credits, or participation in credits, would be
in the national interest and reports such de-
termination (within thirty days after making
the same) to the Senate and House of Rep-
resentatives, such guarantees, insurance, or
extension of credits may be made, or par-
ticipated in, by the Bank notwithstanding
the policy herein stated."
"(3) It is further the policy of the Con-
gress that the Bank in. the exercise of its
functions shall not guarantee, insure, or ex-
tend credit, or participate in an extension
of credit in connection with any credit sale
of defense articles and defense services by
the Government of the United States under
the Foreign Assistance Act of 1961, as
amended, or by United States exporters, the
repayment of which is guaranteed under sec-
tion 503(e) and section 509(b) of said For-
eign Assistance Act: Provided, That when-
ever the President determines that such
guarantees, insurance, extension of credits,
or participation in credits, would be in the
national interest and reports such determi-
nation (within thirty days after making the
same) to the Senate and House of Repre-
sentatives, such guarantees, insurance, or ex-
tension of credits may be made, or par-
ticipated in, by the Bank notwithstanding
the policy herein stated: Provided further,
That in no event shall the Bank have out-
standing at any time, military export credits
guaranteed under section 503(e) and section
509(b) of the Foreign Assistance Act of 1961,
as amended, in excess of 71/2 per centum of
limitation imposed by section 7 of this Act."
(c) Section 2(c) of such Act is amended
by striking out "$2,000,000,000" and inserting
in lieu thereof "$3,500,000,000".
(d) Section 3(d) of such Act is amended
by striking out the last sentence and insert-
ing in lieu thereof the following: "Members,
not otherwise In the regular full-time em-
ploy of the United States, may be compen-
sated at rates not exceeding the per diem
equivalent of the rate for grade 18 of the
General Schedule (5 U.S.C. 5332) for each
day spent in travel or attendance at meet-
ings of the Committee, and while so serving
away from their homes or regular places of
business, they may be allowed travel ex-
penses, including per diem in lieu of sub-
sistence, as authorized by section 5703 of
title 5, United States Code, for Individuals
in the Government service employed inter-
mittently."
(e) Section 7 of such Act is amended by
striking out "$9,000,C00,000" and inserting in
lieu thereof "$13,500,000,000".
(f) Section 8 of such Act is amended by
striking out "June 30, 1968" and inserting in
lieu thereof "June 30, 1973".
ORDER OF BUSINESS
The PRESIDING OFFICER. Under the
previous order, the Chair recognizes the
Senator from Nebraska [Mr. HRUSKAI.
ELECTRONIC SURVEILLANCE BY
AUTHORIZED LAW ENFORCEMENT
OFFICERS
Mr. HRUSKA. Mr. President, I ask
unanimous consent that at the next
printing of S. 2050, a bill to prohibit
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CONGRESSIONAL RECORD - SENATE August 8, 1967
electronic surveillance by persons other
than duly authorized law enforcement
officers, and for other purposes, the
names of the Senator from Pennsylvania
[Mr. SCOTT], the Senator from Illinois
[Mr. PERCY], the Senator from Califor-
nia [Mr. KUCHEL], the Senator from
South Carolina [Mr. THURMOND], my
colleague from Nebraska [Mr. CURTIS],
the Senator from Arizona [Mr. FANNIN],
the Senator from Iowa [Mr. MILLER 1, the
Senator from California [Mr. MURPHY],
the Senator from New Hampshire [Mr.
COTTON], and the Senator from South
Carolina [Mr. HOLLINGS] be added as
cosponsors-to S. 2050.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. HRUSKA. Mr. President, S. 2050
would provide congressional authoriza-
tion for Federal-State law-enforcement
authority to use modern electronic tech-
nology in combating crime in this coun-
try, particularly organized crime.
The Senators who join me have been
convinced that the mounting evidence
justifies the extremely limited and care-
fully controlled authority to engage in
wiretapping and bugging to fight these
most serious threats to our national se-
curity. They have studied among other
papers, the persuasive arguments ad-
vanced by respected law enforcement
officials such as Frank S. Hogan, district
attorney of New York County, N.Y. Mr.
Hogan has described wiretapping as "the
single most valuable and effective weapon
in the arsenal of law enforcement, par-
ticularly in the battle against organized
crime." He has found it to be "an ir-
replaceable tool."
These Senators have also reacted to
informed comment by respected colum-
nists such as Marquis Childs and the edi-
torial writers of the Christian Science
Monitor.
They have joined in a call that is not
limited to the Federal Government. Just
last weekend Governor Rockefeller of
New York requested a State constitu-
tional amendment to equip law enforce-
ment officials in his State with the capac-
ity to deal effectively with the control
of crime and to preserve law and order.
Mr. Rockefeller contends :
It is essential that we make maximum use
of modern science and technology for the
protection of society against crime.
These decisions by the distinguished
Senators to which I have referred have
not been made lightly. No men in the
Senate are more jealous of the constitu-
tional rights of the individual. These de-
cisions have been made only after a care-
ful weighing of all arguments and much
reflection.
Mr. President, it appears that permis-
sive electronic surveillance, if author-
ized by Congress, would be a vital tool in
helping to head off the rash of riots
which have erupted across the Nation.
The evidence now being accumulated by
the Senate Judiciary Committee in its
current hearings indicates as much. We
have heard, for example, from Capt. John
A. Sarace, of the Nashville Police Depart-
ment, who testified that had electronic
surveillance been authorized for this
purpose, it would have been of great
value. While not specifically provided for
in S. 2050 at present, such authorization
seems to have merit.
Mr. President, I ask unanimous con-
sent that an article from the New York
Times be inserted in the RECORD, and also
a series of articles on the wiretapping
controversy written by the prize-winning
columnist, Edward J. Mowery. -
There being no objection, the articles
were ordered to be printed in the
RECORD, as follows:
[From the New York Times, Aug. 6, 1967].
ROCKFELLEa ASKS WIRETAP POWERS IN
CONSTITUTION-URGES CONVENTION DELE-
GATES To GIVE GENERAL AUTHORITY FOR
LEGISLATURE To ACT-WANTS To GUARD
RIGHTS-CAREFULLY CONTROLLED USE IS
SOUGHT--PRESENT LAW Is TERMED OBSOLETE
(By Thomas P. Ronan)
Governor Rockefeller announced yester-
day that he would seek a state constitutional
provision authorizing "the carefully con-
trolled use of wiretapping and electronic
surveillance" in fighting crime.
He specified that this use must be "under
judicial supervision with adequate safe-
guards for the protection of individual liber-
ties."
The Governor's office here made public a
message he will send to the Constitutional
Convention in Albany tomorrow. In it, he
urges the delegates to include in their pro-
posals "general authority" for the Legisla-
ture to provide for the use of wiretapping
and electronic surveillance.
Convention proposals for a new or revised
Constitution must be approved by the voters
in a statewide referendum before they can
become effective.
The Governor said that the present state
constitutional provision authorizing wire-
tapping and the state law covering this and
electronic surveillance had been "rendered
obsolete" by a ruling of the United States
Supreme Court.
THE TOOLS FOR BATTLE
"The capacity of our modern society to
deal effectively with the control of crime and
to preserve law and order is challenged as
never before," Mr. Rockefeller declared in
his message.
"Our ability to meet this challenge is sig-
nificantly strengthened by the tools of sci-
ence and technology now available to society.
"In a period of spiraling crime rates and
at a time when organized crime is flourishing
in narcotics traffic, gambling, loan sharking
and the corruption of legitimate businesses,
it is essential that we make maximum use of
modern science and technology for the pro-
tection of society against crime."
After outlining his proposal, Mr. Rocke-
feller said that wiretapping and electronic
surveillance of criminals were "perhaps the
single most effective weapons available to-
day to society in the fight against organized
crime."
The Governor noted- that Section 12, Arti-
cle 1, of the present State Constitution had
provided general authority for court-author-
ized wiretaps where there was reasonable
ground to believe that evidence of crime
might be obtained.
NOTES RECENT RULING
"This provision, however, and the statu-
tory law of the state which covers electronic
surveillance as well as wiretaps have been
rendered obsolete by the recent decision of
the Supreme Court in the case of- Berger v.
New York," he continued.
In this 5-to-4 ruling on June 12, the Court
held that the New York State law permit-
ting court-approved eavesdropping by the
police was unconstitutional. But it did not
impose a total ban on the use of electronic
devices in fighting crime.
The ruling was interpreted as leaving the
door open for a statute that would give law-
enforcement officials the required authority
without affecting the rights of individual
privacy guaranteed by the Fourth Amend-
ment.
The Supreme Court threw out the bribery
conviction of Ralph Berger, a Chicago pub-
lic-relations man, He had been found guilty
in November, 1964, of having plotted with
the owners of Playboy Clubs International
and Playboy magazine to give a $50,000 mag-
azine to give a $50,000 bribe to Martin C.
Epstein, then chairman of the State Liquor
Authority.
District Attorney Frank S. Hogan's office
conceded that. he would not have been con-
victed without the evidence collected by
bugging two New York offices.
The whole question of wiretapping and
bugging by law-enforcement agents has
caused heated controversy in recent years.
The Johnson Administration has proposed
outlawing wiretapping and other electronic
eavesdropping except in national security in-
vestigations.
In June, Attorney General Ramsey Clark
took a long step toward implementing this
proposal for Federal agents when he issued
regulations forbidding wiretapping and vir-
tually all eavesdropping by them except in
national security cases.
This and similar moves in Federal and
state circles have been severely criticized by
some law enforcement officials and members
of Congress on the ground that some police
eavesdropping must be permitted if organized
crime is to be controlled.
In urging the convention delegates to pro-
vide authority for police eavesdropping, Mr.
Rockefeller said that if they did so and the
voters approved, it would "facilitate" legis-
lation he intended to propose at the next
legislative -session "which meet the criteria
set forth by the United States Supreme
Court."
This legislation, he said, "will carefully
safeguard individual liberty and at the same
time recognize the right of society to pro-
tect itself through the use of this valuable
device for effective law enforcement."
[From the Jackson Citizen Patriot, Jackson,
Mich., Apr. 13, 1967]
THE GREAT WIRETAPPING CONTROVERSY-
HOBBLES ADD TO GRAVITY OF CRIME SITUA-
TION
(EDITOR'S NOTE.-Pulitzer Prize-winning
columnist Edward J. Mowery unveils the
"other side of the coin"-law enforcement's
crucial need of listening devices in com-
batting unprecedented crime-in this three-
part series.)
(By Edward J. Mowery)
NEW YORK.-The United States is-reeling
under the blows of a crime explosion of
staggering immensity, perhaps unmatched in
the annals of history. It is easily the most
crucial issue crying for solution on the do-
mestic front.
Yet, a determined effort is -under way to
hobble law enforcement by denying it the
tools needed to crush the underworld. One
of those tools is the listening device.
The gravity of the crime situation has
caused deep concern in the White House.
Weighing the 1966 breathtaking tally of
2,780,000 major offenses scarring the image
of urban and rural America-where citizens
fear to venture even in broad daylight-
President Johnson has called for a no-holds-
barred assault on the nation's criminal scum.
But realists know there can be no equitable
solution until: 1) the courts treat felons like
felons and enemies of society, and 2) law en-
forcement is given every known aid to take
them into custody. Thanks to the "soft on
criminals" thesis gaining momentum
throughout the land, society's rights to pro-
tection are vanishing by attrition.
A series of United State Supreme Court
decisions, anchored to the "constitutional"
rights of criminals, has upgraded their status
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