CONGRESSIONAL RECORD

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000800130032-9
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 58
• Document Creation Date: December 12, 2016
• Document Release Date: December 31, 2001
• Sequence Number: 32
• Publication Date: August 1, 1964
• Content Type: OPEN

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United States
of America
Congressional Record
PROCEEDINGS AND DEBATES OF THE 88th CONGRESS SECOND SESSION
Vol. 110
WASHINGTON, SATURDAY, AUGUST 1, 1964
No. 148
House of Representatives
The House was not in session today. Its next meeting will be held on Monday, August 3, 1964, at 12 o'clock noon.
The Senate met at 10 o'clock a.m., and
was called to order by the Acting Presi-
dent pro tempore (Mr. METCALF) .
The Chaplain, Rev. Frederick Brown
Harris, D.D., offered the following
prayer:
God of all life, in whose presence is
no darkness at all: As we bow in contri-
tion before Thee, the bewildering voices
of the noisy world about us are hushed
Into a sacramental silence. Whenever
we really turn to Thy light, all arrogance
is rebuked and pride of opinion is mocked.
We confess that at best we but grope
In the shadows, that our sight is dim, our
knowledge partial, and our judgments
fallible.
Make us honest and honorable enough
to bear the vision of the truth, wherever
It may lead; to cast aside all pretense;
and to despise all compromise and ex-
pediency which warp the soul. We ask
it in the name of Him who is the Light
and the Truth. Amen.
Tut JOURNAL
On request by Mr. HUMPHREY, and by
unanimous consent, the reading of the
Journal of the proceedings of Friday,
July 31, 1964, was dispensed with.
LIMITATION OF DEBATE DURING
MORNING HOUR
On request by Mr. HUIVIPHREY, and by
unanimous consent, statements during
the morning hour were ordered limited
to 3 minutes.
COMMITTEE TO ATTEND THE FU-
NERAL OF THE LATE SENATOR
CLAIR ENGLE
The ACTING PRESIDENT pro tem-
pore. Pursuant to the second resolving
clause of Senate Resolution 344, the
Chair appoints the following Senators as
Senate
SATURDAY, AUGUST 1, 1964
members of the committee on the part of
ti ^ Senate to attend the funeral of the
late Senator Clair Engle of California:
Senator THOMAS H. KucHEL, of Cali-
fornia, chairman.
Senator ALAN BIBLE, of Nevada.
Senator THRUSTON B. MORTON, Of Ken-
tucky.
Senator RALPH YARBOROUGH, Of TOMS.
Senator E. L. BARTLETT, of Alaska.
Senator HOWARD W. CANNON, Of Ne-
vada.
Senator FRANK E. Moss, of Utah.
Senator STEPHEN M. YOUNG, Of Ohio.
Senator LEN B. JORDAN, of Idaho.
Senator DANIEL K. INOUYE, of Hawaii.
REPORTS OF A COMMITTEE
The following reports of a committee
were submitted:
By Mr. BIBLE, from the Committee on In-
terior and Insular Affairs, without amend-
ment:
S. 1909. A bill to amend the joint resolution
establishing the Battle of New Orleans Ses-
quicentennial Celebration Commission to au-
thorize an appropriation to enable the Corn..
mission to carry out its functions under such
Joint resolution (Rept. No. 1291) ; and
S. 2419. A bill to authorize the Secretary of
the Interior to condemn certain property In
the city of St. Augustine, Fla., within the
boundary of the Castillo de San Marcos Na-
tional Monument, and for other purposes
(Rept. No. 1290 ) .
By Mr. BIBLE, from the Committee on In-
terior and Insular Affairs, with amend-
ments:
S. 1481. A bill to provide for the establish-
ment of the Agate Fossil Beds National Mon-
ument in the State of Nebraska, and for
other purposes (Rept. No. 1292) .
INDEPENDENT OFFICES APPRO-
PRIATIONS BILL, 1965-AMEND-
MENTS (AMENDMENTS NOS. 1169
THROUGH 1173)
Mr. CLARK. Mr. President, on behalf
of the Senator from Wisconsin [Mr.
PRoxnuREl, I submit five amendments
which he intends to propose to House
bill 11296, the independent offices ap-
propriation bill.
Mr. President, I ask that these amend-
ments may be printed and also printed
In the RECORD at this point.
The ACTING PRESIDENT pro tern-
pore. The amendments will be received,
printed, and lie on the table; and, with-
out objection, the amendments will be
printed in the RECORD.
The amendments are as follows:
AMENDMENT No. 1169
On page 2, line 22, strike out "$4,855,000"
and insert "$4,285,000".
On page 2, line 23, strike out "$600,000"
and insert "$250,000".
On page 4, line 2, strike out "$950,000"
and insert "$880,000".
On page 4, line 19, strike out "$85,000,-
000" and insert "$70,000,000".
On page 5, line 7, strike out "$69,200,-
000" and insert "619,200,000".
On page 6, lines 11-12, strike out "$9,250,-
000" and insert "$8,500,000".
On page 6, line 23, strike out "610,775,-
000" and insert "$10,440,000".
On page 7, line 9, strike out "686,124,000"
and insert "679,000,000".
On page 8, line 1, strike out "$22,187,000"
and insert "621,805,000".
On page 11, line 5, strike out "6277,000"
and insert "6270,000".
On page 12, line 3, strike out "sixteen"
and insert "twelve".
On page 12, line 4, strike out "twelve" and
insert "eight".
On page 12, line 5, strike out "6544,100,
000" and insert "6537,600,000".
On page 12, line 9, strike out "$6,344,000"
and Insert "$6,000,000".
On page 12, line 10, strike out "406" and
Insert "396".
On page 12, line 25, strike out "$66,000,-
000" and insert "650,000,000".
On page 14, line 9, strike out "$42,000,-
000" and insert "621,000,000".
On page 14, line 16, strike out "63,600,-
000" and insert "$8,530,000".
On page 15, line 4, strike out "$1,800,-
000" and insert,"$1,620,000".
17083
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17084 CONGRESSIONAL: RECORD - SENATE August 1
On page 16, line 19, strike out "$16,460,-
000" and insert "$16,310,000".
On page 17, lines 1-2, strike out "$12,699,-
000" and insert "$12,180,000".
On page 17, line 10, strike out "$13,025,-
000" and insert "$12,725,000".
On page 18, line 4, strike out "$224,570,-
000" and insert "$213,800,000".
On page 19, line 23, strike out "$161,247.-
500" and insert "$151,722,000".
On page 35, Une 7, strike out "$52,420,000'
and insert '448,920,000".
On page 35, line 22, strike out "$15,155,000"
and insert -1314,955,000".
On page 36, line 11, strike out "$5,765,000"
and insert "$5,465,000".
On page 37, Line 4, strike out "$3,000,000"
and insert 12,875,000".
On page 38, line 14, strike out "$1,530,000"
and insert 11,505,000".
On page 39, line 14, strike out "$21,840,-
000" and insert "$19,565,000".
On page 43, line 9, strike out "$15,925,000"
and insert '115,525,000".
i
On page 43, line 12, strke out "$3,500,000"
and insert '13,250,000".
On page 44, line 21, strike out "$50,000".
On page 45, line 23, strike out "$16,084,-
000" and insert "$15,484,000".
On page 46, line 7, strike out "thirty-
eight" and insert "thirty-six".
On page 46, line 8, strike out "$25,710,-
000" and insert "$25,260,000".
On page 47, line 4, strike out "$4,418,494,-
000" and t isert "$4.313,594,000".
On page 51, line 20, strike out "$155,250,-
000" and insert "$155,000,000".
On page 52, line 8, strike out "$14,500,000"
and insert "$14,200,000".
On page 52, line 13, strike out "$38,000,-
000 of whlch $1,275,000" and insert "$36,000,-
000 of which $1,170,000".
On page 64, line 12, strike out "$39,600,-
000" and insert "$34,600,000".
On page 55, line 1. strike out "$98,733,000"
and insert "$91,233,000".
On page 65, line 22, strike out "310,375,000"
and inser . "$9,000.000".
On pag 66, line 6, strike out"$78,750,000"
and inser . "$75,000,000".
AMENDMENT No. 1170
On page 7, lines 7-9, strike out "including
not to exaeed $4,300,000 for subsidy for heli-
copter operations during the current fiscal
year, $86,124,000," and insert $81,824,000".
AMENDMENT No. 1171
On page 12, lines 24-25, strike out "and
purchase of eight aircraft; $66,000,000," and
insert "V4,071,000".
AMENDMENT No. 1172
On page 47, line 4, strike out "$4,413,594 -
GOO" and insert "$4,313,594,000".
AMENDMENT No. 1173
On pate 52, line 13, strike out "338,000,-
000" and insert "$36,987,000".
INCORPORATION OF AMERICAN
ACADEMY OF ACTUARIES--ADDI-
TIONAL COSPONSORS OF BILL
Under authority of the order of the
Senate of July 24, 1964, the names of
Senators AIKEN, ALLOTT, BEAU., BYRD
of Virg inia, CARLSON, CASE, DOMINicK,
GREENIalG, HART, HARTKE, JAVITS, Ku-
MEL, LONG Of Missouri, MILLER, NEL-
SON, F ROTJTY, PROXMIRE, SMITH, and
TOWER were added as additional co-
sponsoi s of the bill (S. 3027) to incor-
porate the American Academy of Ace
tuaries introduced by Mr. DODD (for
himself and Mr. Ctuerrs) on July 24,
1964.
h7OREIGN PRESS REACTION TO
NOMINATION OF REPUBLICAN
NOMINEE FOR PRESIDENT
Mr. MANSFIELD. Mr. President, I
:have noted with interest and some dis-
may the reaction of the press outside the
United States to the nominee of the
:Republican Party. Some of the com-
ment has been farfetched and carried
to an extreme. In my judgment, it will
have no influence on American opinion.
The American people are not likely to
vote in a manner designed to please the
foreign press or for that matter to dis-
please the foreign press. The American
people will vote on the issues as drawn in
the United States and for the United
States. Nevertheless, much of the for-
eign press comment is to say the least,
In questionable taste and it could be, in
the end, harmful to the relations exist-
ing between us.
The press of the woxId has a right to
its opinion. As far as political cam-
paigns in this country are concerned,
however, they are the primary responsi-
bility of the American people and they
will be decided by the American people
come next November.
It is not the job of our press to become
participants, even indirectly, in political
campaigns in other nations. Nor do I
think it the responsibility of the press of
other nations to participate even indi-
rectly in the political campaigns in this
country.
It is too much to expect, I suppose,
that the oversell press will operate un-
der a moratorium as far as the American
political campaign is concerned. But I
believe it would be in the best interests
of all concerned if that press would con-
tent itself with providing its readers
with accurate factual information and
a temperate analysis of political events
here.
There is no panic in the United Stases
over the nomination of BARRY GOLD-
WATER. Much less ought one to be in-
duced abroad to the detriment of oversea
tr.s. relations.
The American people, through its
domestic Instruments of communication
will obtain all of the information it
requires for sound political judgment.
The American people have no need to be
frightened or prodded, as a part of the
process of forming their judgments, by
a panicky oversea press. The Amer-
ican people alone will decide who the
next President will be and they will do
so in the splendid isolation of the bal-
lot booths on the first Tuesday after the
first Monday in November.
??????11?1/1
LIBERALISM A LA 1776
Mr. SIMPSON. Mr. President, the
nomination of BARAY GOLDWATER for
President of the United States undoubt-
edly has done as much to ulcerate the
Liberal press in Ameeica as did the Bos-
ton Tea Party of a bygone era.
With this in mind, I would invite the
attention of Senators to a satirical gem
which was incorporated in the July 23
broadcast of the distinguished news-
caster and commenator, Fulton Lewis,
Jr.
Mr. Lewis identified, the piece as the
work of the editors of the Republican
Congressional Newsletter, and he dedi.
cated it in "joint tribute to Walter Lipp-
mann, Marquis Childs, Eric Severeid,
Huntley and Brinkley, Howard K. Smith,
and Ed Morgan."
I ask unanimous consent to have this
excerpt from the Newsletter printed in
the RECORD.
There being no objection, the excerpt
was ordered to be printed in the RECORD,
as follows:
THE 1'176 CeaxonE
Now, while Senator GOLDWATER was being
accorded his tribute on the Senate floor to-
day, I ran across a literary gem, which I
think should be brought to your attention.
After all, the Republican National Conven-
tion last week had its rough moments for
some members of the columnist clan, in par-
ticular from former President Eisenhower
and former Vice President Nixon and I think
that the columnists who *ere being referred
to deserve a little solace in their darker mo-
ments and I being a man of deep and gen-
erous sympathies, propose to do something
about it here and now. This little piece was
written by one of the editors of the Repub-
lican Congressional Newsletter, as the work
of a columnist as of the year 1776, and I am
presenting it to you in joint tribute to Wal-
ter Lipp-llama, Marquis Childs, Eric Severeid,
Huntley and Brinkley, Howard K. Smith, and
Ed Morgan.
Here it is:
"Right wing extremists, who insist on car-
rying out a futile war against the Crown,
have selected the, worst possible choice,
George Washington., as Commander in Chief.
The entire war has been characterized by
lack a organization. The Benedict Arnold
poll has shown conclusively that the war is
unpopular with 51,3 percent of the American
people.
"The constant attempt to undermine King
George III is obviously the work of the
'Birchbark Group,' which is advocating full
Independence from the mother country. It
Is time for an agonizing reappraisal of the
course of the colonists. The violent fanati-
cism and extremism exhibited by the raffish
group, who polluted the waters of Boston
Harbor with tons of British tea, certainly
lowers our prestige? in England. They repre-
sent only a small minority of popular
thought, definitely out of the mainstream of
colonial thinking.
"The stature of the Colonials was hardly
enhanced by one Paul Revere, who helped
organize a sneak attack in the middle of the
night against the loyal forces of the King.
It seems that George m has been judged
harshly. His efforts to fight inflation by
taking most of the spendable income in
taxes, are misunderstood by agrarian minds,
who cling to the puritan ethic, and who em-
brace the dangerous concept that what a
man earns he can keep and spend as he sees
fit.
"These myths must be dispelled if the
country is going to move barward. The cur-
rent police action has been characterized
by petty drama and the injection of patriot-
ism and religion Into national affairs. While
such statements as that of Nathan Hale--"I
regret that I have but one life to give for my
country"-are theatrical, they do not solve
the problems of learning to coexist with the
Monarchy. Had George Washington been
more accommodating at Trenton, N.J.,
the Colonials could probably have reached
a detente with the King, and the country
could progress with the King, and the coun-
try could progress with the problem of inte-
grating the various Indian tribes, who are
granted separate but equal use of the forests
and streams.
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? "It is hardly a fitting example for a man
who has been viewed by these anti-British
hate groups as "Father of His Country" to
have stood up in the boat while crossing
the Delaware. This action indicates irre-
sponsibility and leaves open the question of
whether or not he is fit to rule, should the
Revolution, by some quirk of fate, succeed.
It is rumored that there are pockets of
poverty among the forces encamped at Valley
Forge. It is also rumored that Washington
Is seeking development of more modern
weapons, including naval craft. This
threatens to escalate the conflict into all-
out war. It would seem a more prudent
course of action to limit weaponry produc-
tion to tomahawks and blunderbusses. The
threat of annihilation, should more accurate
weapons be introduced, should give pause
to those who have their finger on the trigger
of world holacaust.
"There are reliable reports that a rift
has developed between King George and King
Louis the XVI. This rift should be exploited.
The Colonials should attempt to wean
George III away from the French orbit of
Influence, through more trade and friendlier
relations between the Redcoats and the Con-
tinental Congress.
"How George Washington could be chosen
by thinking Americans, surpasses under-
standing. He is a landed Virginia gentle-
man, has acted intemperately during the
Course of the conflict, and threatens to pro-
long hostilities with his attitudes. The best
interests of the country can be served by
negotiating a peace treaty with King George
at once, setting up a neutralist government?
with one American, one Frenchman, and one
Britisher to govern. It has been a hatefully
conceived war, conducted poorly, not popu-
larly stipported, and I fear, doomed to
ignominous failure."
SENATOR GOLDWATER: A TRUE
FRIEND OF GREECE
Mr. SIMPSON. Mr. President, Sena-
tor GOLDWATER delivered a major address
at the 40th national convention grand
banquet of AHEPA at Chicago recently,
and the accolades are still being heard.
In an eloquent tribute indicative of his
vast knowledge of and broad interest in
the rich Greek culture that has shaped
Western civilization, the Arizona Repub-
lican reminded the Americans of Greek
ancestry of the brilliance and signifi-
cance of that ancestry.
Senator GOLDWATER paid homage to
the learned philosophers of ancient
Greece, stating that "theirs were the
Ideas which lie at the heart of the Amer-
ican concept of freedom." He reminded
his audience that "it was their fore-
fathers who literally created the very
Idea of freedom today as we know it."
BARRY GOLDWATER'S tribute was not
limited to the sages of a bygone era, how-
ever, for he asserted:
The heroic stand of modern Greeks against
Nazis and then against the Communists
showed the world that the spirit of ancient
Greece still lives today in the Greeks of
modern times.
You are conservatives. You have con-
served from your ancestry that tradition of
fierce independence?that concept of the
greatness of man?which we conservatives of
the modern world treasure as a priceless
possession.
The most compelling tribute elicited
by Senator GOLDWATER'S superb address
came from the editors of the Greek Press
who wrote, in prefacing the full text of
the Senator's speech in their newspaper:
Senator BARRY GOLDWATER, of Arizona, the
Republican candidate for President, is a, true
friend of Greece. Senator GoLnwsrsa deliv-
ered one of the most historic speeches of his
political career, lauding the heritage of an-
cient Greece to the Western civilization. His
words remain as a document of exceptional
value to Greeks everywhere.
I ask unanimous consent, Mr. Presi-
dent, to have the full text of Senator
GOLDWATER'S speech before the AHEPA
convention printed in the RECORD as it
appears in the July 22 and July 29 issues
of the Greek Press.
There being no objection, the address
was ordered to be printed in the RECORD,
as follows:
SENATOR BARRY GOLDWATER LAUDS HELLENIC
HERITAGE AT AHEPA BANQUE'T?SPEAKS AS
TRUE FRIEND OF GREECE
(Senator BARRY GOLDWATER, of Arizona, the
Republican candidate for President, is a true
friend of Greece. At the AHEPA convention
in Chicago where he was one of the main
speakers Senator GOLDWATER delivered one of
the most historic speeches of his political
career lauding the heritage of ancient Greece
to the Western civilization. His words re-
main as a document of exceptional value to
Greeks everywhere.)
It is a great honor and a great privilege to
be here today?to have the opportunity to
address you Americans of Greek ancestry.
There is no other group in all this country
which stands in a closer or more vital rela-
tionship with the basic traditions of West-
ern civilization. For It was the ancient
Greeks who described for the first time the
conditions necessary for political freedom.
It was your ancestors?you?sitting here in
this room today who created the idea of a
mixed constitution, the concept of checks
and balances which lies at the very heart of
our American system of government.
A conservative is a man who believes we
have something worth conserving. A conser-
vative knows that we were not born yester-
day. A conservative knows that the wisdom
of the ages is not something to throw over-
board because some young college graduate
has just had another bright idea.
You, here in this room, are true conserva-
tives. You whose ancestors developed a level
of civilization which even now many of us
are scarcely able to understand and ap-
preciate. You know the meaning of the
word "conservative," because the great part
of our civilization, and the best of it, exists
today only because you and others have con-
served the magnificent cultural heritage of
Greece. As one who is primarily interested
in the political life of our Nation, I feel
very strongly the debt we owe you, especially
for the basic political ideas that come to us
from the Greek tradition.
Very properly we pay homage to the
Americans who have been called the Found-
ing Fathers of our country. But they could
not have thought as they did, they could
not have drawn this blueprint for American
Government had it not been for your great
ancestor Plato, or even more for another in-
comparable thinker of ancient Greece?
Aristotle.
These men?Plato and Aristotle?are truly
founding fathers of America, in a very real
sense. Theirs were the ideas, handed down
from ancient Greece, which lie at the heart
of the American concept of freedom.
It was your forefathers who pioneered the
idea of freedom. It was your forefathers
Who, 2,500 years ago, built the new frontier
against barbarism, and against despotism.
It was your forefathers who literally cre-
ated the very idea of freedom today as we
17085
know it. And the creation of this Idea was
a kind of miracle.
We have to remember that the ancient
Greeks lived in a world which never had
known, in all its history, a concept of free-
dom like the idea they brought into the
world. It was an entirely new idea, a new
way of life. There was no tradition of free-
dom for them to look back to. They had
to create the idea, as it were, out of nothing.
And they created there a new frontier?a
frontier between free men, on one side, and,
on the other side, men who live in constant
fear of their government, whose whole lives
are subject to the whim of despots. In all
history since then there has continued to be
only one real frontier, the frontier of free-
dom beyond which lies man, helpless before
the overwhelming power of government.
How did those astonishing ancestors of
yours create this great liberating concept of
man? Not only was there no tradition of
freedom to teach them this way of life, this
concept of man, but they stood near rich
and immensely powerful nations whose whole
outlook was hostile to the idea of freedom.
Egypt at that time had several thousands
of years of history as a rich and powerful
nation, and the tyranny of the Pharaohs was
cruel and absolute. Even the terrible slave
labor camps of Soviet Russia are hardly
worse than were the enormous gangs of
slaves?tens of thousands in number?who
were driven to death building the enormous
pyramids to satisfy the whims of the Egyp-
tian Pharaohs. These were the neighbors of
the Greeks, a hundred times as wealthy and
a hundred times more powerful than the
Greeks.
And there were the Persians of that day?
a powerful and rich empire ruled by cruel
and arbitrary despots. As you know so well,
the Persian kings sent a hfige army to con-
quer the Greeks. ,Most of the army was com-
posed of well equipped slaves, who were
some times driven into battle by whips in the
hands of the Persian officers.
All this array of slave power failed. Poor
as they were, few in number, as they were,
the Greeks had one precious weapon the
Persians lacked. They were free men with a
fierce sense of independence, a characteristic
which Greeks have never lost. This is the
best gift of Greece to Western civilization;
the concept of a man as a free citizen.
The whole idea of politics as a subject
which could be studied is a Greek invention.
No one ever heard of political science before
Plato and Aristotle, and no man since has
spoken more profoundly on the problems of
politics.
It is to the concept of the free citizen
that we owe the possibility of all the other
achievements of the Greeks. Now politics I
know something about. Now I am not a
scholar in the field of Greek ideas, yet who is
there who does not have some grasp of the
breadth and significance of our debt to
Greece?
Every school boy knows something of this
debt. Yet, sorntiraes reformers with ideas
they believe are new, or scientists in love
with some new scientific development are
tempted to forget the source of almost all
the ideas.
We are often tempted to think of our
civilization as having hit peaks of develop-
ment unheard of in the past. The atom
seems like something new. How many re-
member that the word "atom" is a Greek
word and that the idea of the world as
being constructed basically of atoms was
originated by a Greek?Democritus, by
name?several thousand years ago.
It was this concept of the atom combined
with modern mathematics which created
this new atomic age we live in. But the
very word "mathematics" is also a Greek
word, and most of the basic mathematics we
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17086 CONGRESSIONAL RECORD ? SENATE August 1
now have was originated and thought
through 3,000 years ago by Greeks.
"Geometry" is another Greek word. Who
can think of basic mathematics without fol-
lowing in the footsteps of Euclid?
In a word, the really hard basic thinking
which created the possibility of the modern
world of atomic physics was done by the
Greeks long ago. We moderns have only
taken a few steps beyond the giant strides of
those men. Our whole world of technology
is unthinkable, is clearly impossible without
the astonishing creative thinking of the
Greeks. These powerful rockets that soar
into space, all the complicated machinery of
modern living are only rather ingenious de-
velopmenes flowing from the astounding in-
tellectual creations of Greece. Withoue
Greece, they would not exist.
What about philosophy?except for re..
ligion, the only serious and profound at-
tempt; to penetrate and explain the mean-
ing of human existence? Again, the wore
"philosophy" is a Greek word. As you know_
the word means love of wisdom. Sometime
ago I was reading on an alrplane--thate.
where I get most of my reading done--ane
I was reading some comments by Professor
Whiteheact, whom many have called the most
distinguished modern philosopher. White-
head's comment that stayed in. my mind was
this: "All modern philosophy is only a series
of footnotes to Plato."
Now some of our modern thinkers would
have us believe their ideas are very original,
very novel. These people are, to put it very
simply, ignorant of history. They don't know
that many of their notions are nothing more
than pale and distorted reflections of past
ideas, many of which were discarded as trivi-
al or unsound by the giants of the past.
The very writing of history itself?as we
know it today?was an invention of the
Greeks, Herodotus and Thucydides were as
you all know so well the first great historians.
Even today Thucydides stands as a giant
among modern writers of history.
Now what are we to say about a nation like
the Greeks who create a great cultural inno-
vation like the writing of history, and who.
almost simnItaneous with the first efforts in
the field, peoduce histories of such astound-
ing excellence that we are still stumbling be-
hind them 2,000 years later. What histories
are being written today that we dare com-
pare with Thucydides for sheer dramatic
power, such a devotion to truth, such a de-
termined objectivity. Thucydides wrote his-
tory on a broad canvas with a generosity of
spirit and r grandeur of vision which is al-
most inconceivable in our own age.
Anyone suffering from the illusion that
ours is a Fyeat age and that our modern
ideas constitute the last step in progress
could regain some objectivity and a proper
sense of humility by studying Thucydides,
one of the great Greeks.
It would be possible to go on for far more
time than I have today, reviewing the mag-
nitude, the astonishing creations of the
Greeks. Watt is not acquainted with the
greatness of Greek architecture, of Greek
art? Has ever a more distinguished, more
beautiful or a more appropriate building
been conceived than the Parthenon?
Almost all the important buildings in
Washington are built in the Greek style.
What beauty there is in the Capitol Building
in Washington, and the White House?the
dignity and serenity, the essential serious-
ness, the seese of order?these characteris-
tics are Greek, and Greek alone. They rep-
resent the great tradition of Western civili-
zation, the heart and core of the ideals that
motivate us the atmosphere of rationality
which remains even in the midst of tempo-
rary disorder. These ideals, this tradition,
this rationality remain so powerful that they
can survive even the constant barrage of
reforms, the small revolutions proposed by
small minds, the disorder promoted by mod-
ern day reformers who keep proposing as
"hold" new concepts Many of the same no-
tons which were long ago consigned to the
trash barrel of history.
When I stand and gaze at the great Parthe-
non up there against the sky, on the es-
carpment overlocking Athens I know what
the word "bold" means. To understand what
has happened to us, you need to do more
than study the use of the term "bold" in the
hands of mediocre modern reformers. No
notion is now so trivia:. that a modern re-
ferrner will not describe it as a "bold new
idea" or a "bold new plan." Among pygmies
eten the smallest things look big. Among
those who think history began yesterday,
merything is new.
To get a perspective on the prevailing style
of today nothing is more salutary than to
study the art of the Greeks. It is only nec-
essary to place a great sculpture from the
high period of Greek achievement against
almost any modern sculpture. The humanity
of the Greek is almost inevitably in sharp
contrast with the inhuman modern concept.
The Greek serenity, the Greek balance and
repose, the Greek rationality, the inherent
sense of human dignity stands sharply
against the confusion and distortion, the
tangled emotions, the cult of the ugly and
commonplace which is so often characteristic
01! modern art.
,erid the theater. We could never leave a
discussion of the Greek tradition without
a view of the grandeur and magnificence of
the Greek theater. Here, again, we are in the
presence of a great invention of the Greek
Imagination.
In the Greek theater the whole community
gathered to view a spectacle of the highest
significance. In the great tragedies, the
Greeks beheld a spectacle in which the most
profound human emotion's were plumbed and
all against a cosmic background that
strangely did not dwarf the actors but caused
them instead to rise to heroic heights which
would be inconceivable or. the modern stage.
There was an air of greatness about the Greek
-theater which not only represented in truth
the Greek view of man and the universe but
reflected back upon the audience and taught
them that greatness was possible even in the
eace of inevitable evil, even in the face of a
monstrous and absolutely terrifying fate.
The Greek theater was made by men who
drew the breath of greatness; the Greek
theater was created by men who knew
moistness and who taught men how it was to
be great. Even their comedies shared in this
serum of greatness. In the midst of even the
wileest and most whimsical comedy there
remained that breath of greatness and of
freedom.
It is no surprise that the greatest writer
Cf 'Greek cornedy?Aristophanes--was also
r roloundly conservative.
I wonder what he would have said about
the humorless and self-righteous professional
reformers of today? I wonder what he would
have said about their cult of the common
or mediocre man?
nests there is a belief in the potential
greatness of man, there can no longer be
tragedy; there can be only melodrama.
When man becomes trivial, tragedy becomes
ludicrous. What is more, comedy also be-
comes a trifling thing?at best witty and
clever, never carry with it hints of the
grandeur and depth of the tragic vision
which must serve as the necessary vital con-
trast for truly great comedy.
I co not believe, in our present social state,
dominated as it is by a trivial conception of
man?dominated as It is by supereial re-
formers who expect to save and to protect
and to remake man through government
action--I do not believe that either great
tragedy or great comedy Is possible in such
an environment.
Your ancestors once showed us what man
could be. Your ancestors in the concept of
theater gave Us a Model of greatness against
which to measure the treater, for all time.
And what of the modern theater?
Have you looked at your Tv set lately?
What wallowing in self-pity. What vest
and contorted expressions of emotion over
trifling problems. What meaningless vio-
lence and meaningless sex.
Comedy has become "wisecracks." Very
clever, sometimes even very witty. But the
background of greatness is not there, so the
savor, the depth ef contrast, is. gone. The
surprise, the fast switch, the shock have
taken its place.
Your ancestors would look upon us with
pity. To them, we would be truly bar-
ber ens.
We who call ourselves conservatives halm
only the most profound respect for this great
Greek tradition, whether it be the art of
government, or in science or mathernaties,
Whether in architecture or sculpture, or in
philosophy, or in history, or in the art of the
theater, I have no time to talk of the mag-
nicenee of Greek pDetry, or the handicrafts,
or of the creation of the great sciences of
botany and zoology. All these you know so
well.
We conservatives do not believe that his-
tory began yesterday. We do not believe
that anything over 30 years old is necessarily
"horse and buggy," and ought therefore to
be discarded. We conservatives do not be-
lieve that something is good just because
some think it Is new, or that it is obsolete
just because some seer it is old.
We believe that what wisdom we may haVe
is the product of the thought and work of
many, many generations. If we stand high
at all, we gain this height, we believe, be-
cause we stand on the shoulders of past
generations.
We ask only that the wisdom of the past be
brought to bear also on today's problems.
We ask only that reformers read some his.
tory, and that they have a decent respect for
our forefathers and our great traditions.
We conservatives ask for an end to the
cynical, cocksure attitudes of reformers who
describe any ideas inherited from the past as;
horse and buggy.
In a word, we conservatives believe there
is something great and something valuable.
to be conserved from the past. We do not be-
lieve we were born yesterday.
We conservatives believe that Americans
of Greek ancestry have a special character.
They are bearers of a special trust.
All of us who live in the Western World
owe a profound, immeasurable debt to your,
forefathers. But you, the direct descendants
of the men who created so much of the basis
of our whole civilization?you have in your
very blood, in the very fiber of your brains
and nervous systems, the germ of that great-
ness.
The heroic stand of modern Greeks against
the Nazis and then against the Communists
showed the world that the spirit of ancient
Greece still lives today in the Greeks of mod-
ern times.
You are conservatives. You have conserved
from your ancestors that tradition of fierce
independence?that cencept of the greatness
of man?which we conservatives of the mod-
ern world treasure as a priceless possession.
I am a censervative, and I feel at home
here.
It has been a great honor for me to be here
with you, the sons and daughters of the
magnificent Greek tradition: The tradition
Which is now an essential and central ele-
ment in the America which is'also yours and
mine.
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CONGRESSIONAL RECORD ? SENATE 17087
SILVER DOLLARS: THEIR SCARCITY
AND THEIR APPEAL
Mr. SIMPSON. Mr. President, the in-
triguing nature of the silver dollar?
the only kind that you can "roll along
the ground, and it will roll because it is
round," in the words of a famous west-
ern ballad?is aptly illustrated by an in-
cident July 22 in Jackson, Wyo. The
Jackson State Bank celebrated its
golden jubilee by giving out silver dollars.
Jackson is a town of 1,440 people, but in
less than 25 minutes, the bank found
takers for 6,000 silver dollars and the
bank's supply of "cartwheels" is now
completely exhausted.
The Jackson Hole Guide reports that
the line for the coins "started forming
before 8:00 Wednesday morning, and by
the time the bank doors were opened at
9:00, there were several hundred people
standing in line. Some were local resi-
dents who requested up to their limit?
$100?and others were tourists wanting
only one of two "cartwheels" for
souvenirs.
One man brought a fishing creel to
carry his dollars in. Women brought
their biggest handbags. Shows how
popular silver dollars are.
The silver dollar is more than a means
of barter and exchange in the Western
States. It is virtually an institution.
The idea of hard money in one's pocket
is identified with a hard conservative
fiscal policy synonomous with spending
only what is at hand to be spent, and ex-
ercising fiscal restraint and prudence.
Recent action of the Senate Banking
and Currency Committee in reporting
favorably a bill to freeze the 1964 date
on all new coins was applauded in
Wyoming, for the people, of my State
are cognizant of the deleterious effect
that the hoarding of coins by specula-
tors has on the availability of currency
for its bona fide purpose?the facilitation
of trade.
Twenty years ago the silver dollar was
as common in the West as its paper
counterpart is in the East today; but,
unfortunately, Jackson, Wyo., is not the
only western municipality finding itself
bereft of silver dollars.
Plans to raise the annual minting ca-
pacity from 4.3 to 9 billion coins by next
July, augmented by passage of a $600,000
appropriate for the minting of a new
rim of silver dollars presumably all bear-
ing the 1964 date, should go a long way
toward alleviating the shortage of silver
dollars throughout the West.
I am pleased to note that even my
favorite TV performer, Mitch Miller, has
rallied to the cause. With his beard
a-bobin' Saturday night, his sing-along
chorus filled the airways with the chorus
of the western ballad to which I alluded
a moment ago:
Oh, you can roll a silver dollar all along
the ground, and it will roll because it is
round.
Mr. President, as an indication of the
importance of silver dollars and the
severity of the shortage of these coins,
I ask unanimous consent that the full
text of the dispatch from the July 23
Jackson Hole Guide and an editorial
from the Washington Evening Star of
July 30 be printed at this point in the
RECORD.
There being no objection, the article
was ordered to be printed in the RECORD,
as follows:
[Froin the Jackson Hole Guide, July 23, 19641
BANK RELEASES 6,000 SILVER DOLLARS
WEDNESDAY
The Jackson State Bank gave out over 6,000
silver dollars in 23 minutes Wednesday
morning, and their supply is now completely
exhausted.
The remaining silver dollars in the bank
were released at face value to first comers
In observance of the 50th anniversary of the
bank. The line started forming before 8
o'clock Wednesday morning, and by the time
the bank doors were opened at 9 o'clock there
were several hundred people standing in line.
Some were local residents who requested
up to their limit ($100), and others were
tourists wanting only one or two cartwheels
for souvenirs.
One man brought a fishing creel to carry
his dollars in. Women brought their biggest
handbags.
Shows how popular silver dollars are.
In addition to the silver dollars the bank
gave out momentos all day Wednesday to
visitors who stopped in at their Golden
Jubilee.
Over 600 people visited the bank during
regular hours on Wednesday.
[From the Washington Star, July 30, 1964]
FOILING THE COIN SPECULATORS
Every small boy has the urge at one time
or another to tuck an old Indianhead penny
into a secret hiding place, hopefully, on the
theory that it may some day bring a king's
ransom. A good many grown-ups never shed
the coin-collecting instinct, finding it makes
a pleasant, harmless hobby, and the Treasury
has no quarrel with them.
But as in so many other fields of endeavor,
the speculators have moved in. Each year
as the new annual minting begins, they rush
to buy up the coins by the basketfull, then
hoard them against a future price from
hobbyists. The result has aggravated a na-
tionwide shortage of coins, and the Treasury
reports a huge number of 1964's have been
immobilized. So there aren't enough coins
for normal business.
To relieve the situation, the Senate Bank-
ing Committee has approved a bill allowing
the mint to keep printing "1981" on coins
next year. The purpose of this unorthodox
step is to make the present date so plentiful
an issue that its numismatic value will van-
ish, prompting speculators to unload their
hoards. Officials hope as much as a billion
coins will thereby come back into circulation.
In the meantime, new coin presses will
raise annual minting capacity from 4.3 to
9 billion coins by next July. The increased
production should offset any future shortage
based on speculation, and presumably au-
thorities will begin printing the 1965 date
around midyear.
But if these measures fail, the Treasury
should impose tight quotas in distribution of
new silver. The function of money is to fa-
cilitate trade, not to encourage speculators.
LAND-GRANT COLLEGES?A MOST
POPULAR EXPORT
Mr. CARLSON. Mr. President, the
enormously productive agriculture of the
United States today rests directly upon
the research and educational effective-
ness of the land-grant colleges and uni-
versities and the Department of Agri-
culture.
Land-grant colleges form the heart of
the Nation's amazing system of farm
research and extension education which
put the results of experiments to use.
The results of this research has been
most impressive when we realize that 1
American farmworker produces enough
food for himself and 29 other persons.
In view of this splendid record of
achievement through the land-grant
colleges, the question is often asked:
Why should not the country's land-grant
colleges enlarge upon their horizons to
include rural development elsewhere in
a hungry world?
The record shows that these land-
grant colleges are already carrying on
extensive programs for the improvement
of land use and the increase of food pro-
duction in many of the underdeveloped
countries in the world.
Kansas State University at Manhat-
tan, Kans., was the first land-grant
college in the Nation to he created by
legislative act. This institution has for
many years carried on extensive pro-
grams in India and other areas of the
world through the AID program for the
Improvement and expansion of agricul-
ture. It is a record of which we are all
proud. I can think of no field in the
foreign aid program which has more
possibilities than the continued expan-
sion of this type of work.
This week, representatives of land-
grant colleges gathered in Washington
to discuss ways of teaching agricultural
know-how in other countries of the
world.
All of these 119 schools are conducting
research and training foreign aid spe-
cialists for the Agency of International
Development.
The program is geared to advise farm-
ers and to help solve farm problems on
a countrywide scale.
AID has nearly 252 contracts with
land-grant colleges to train personnel
to solve problems in rural development.
Recently the Washington Post pub-
lished an editorial entitled "Most Popular
Export," and I ask unanimous consent to
have it printed in the RECORD.
There being no objection, the editorial
was ordered to be printed in the RECORD,
as follows:
MOST POPTILAR EXPORT
If any American experiment has succeeded
with a vengeance, it is the land-grant col-
lege. Created by the Morrill Act of 1862,
land-grant colleges were intended to help
America harvest an abundance of food. Our
chronic farm surpluses amply testify to the
success of this Federal help for agricultural
education. Why shouldn't the country's
land-grant colleges enlarge their horizons to
include rural development elsewhere in a
hungry world?
We asked this question in an editorial 2
years ago observing the centennial of the
Morrill Act, and it is a pleasure to note that
just such a development is taking place.
During this week, more than a score of State
university presidents have been attending an
International Rural Development Conference
at the State Department. The gathering re-
flects the fact that more than 100 American
universities have up to $200 million in con-
tracts from the AID agency, mainly in the
field of agriculture.
AID Administrator David Bell cited the
work of North Carolina State and Iowa State
Universities as examples of the broadening
Involvement of land-grant schools in foreign
aid. Iowa State is helping the Peruvian Gov-
ernment to shape a national rural develop-
ment plan, giving special emphasis to land
tenure problems. North Carolina has staff
members working at the National Agricul-
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17088 CONGRESSIONAL
tural Unieersity in La Molina and in a half-
dozen other cities assisting Peru in develop.,
ing a combined program of farm education.
and resea
What ii especially admirable about such
programs is that they enroll the energies of
nongoverr mental institutions in the tasks of
foreign aid. The size and scope of these pro..
grams has become so broad that one recom-
mendation made at the conference this week
was to appoint a full-time representative in
Washingtc a of the land-grant colleges in or-
der to wore with the AID agency.
As Seers tary of Agriculture Freeman em-
phasized in a speech to the college presidents,
the effect of greater farm productivity else-
where is n it to diminish markets for our ex-
ports. Instead, experience in Japan and Eu-
rope demonstrates that our exports Increase
as other onnatries expand their, income and
their economies.
The Unieersity of Wisconsin has the proud
slogan that the boundaries of its campus are
the bound sales of the State. With the in-
creased paaticipation of land-grant colleges
in international rural development, those
boundaries are stretching to the remote cor-
ners of the world. Both our farm technology
and our agricultural schools are among our
most obvious assets in the competition with
communists. Russell Thackrey, of the Asso-
ciation of I and-Grant Colleges, is quite right
in saying t sat "in all those countries of the
free world which are striving for a better life
* * * the baa of the land-grant university is
America's most popular export."
BUSINESS AND CIVIL RIGHTS
Mr. KUCHEL. Mr. President, the for-
mer Secretary of Labor, James Mit-
chell, is now a distinguished business-
man in the State of California. He is
senior vice president and director of the
Crown Zell ..rbach Corp. in San Francisco.
On June 5, Mr. Mitchell spoke before
the Commonwealth Club of California
at the Sheraton-Palace Hotel in his
home city. The subject of his excellent
address wai "Business and Civil Rights."
I have read the speech of Mr. Mitchell,
not only with real interest, but with
great enthusiasm. The civil rights legis-
lation which Congress recently enacted
offers the American people in each of its
economic segments a better opportunity
to weld together 190 million American
citizens.
Mr. Mitchell discussed the problems of
education. He discussed the need for
American business and industry to work
together so that all young People, black
and white, will have a greater opportu-
nity to panicipate in all that this free
Republic offers.
I ask unanimous consent that the text
of Mr. Mitcnell's address entitled "Busi-
ness and Civil Rights" be printed at this
point in the RECORD.
There bei ig no objection, the address
was ordered to be printed in the Ream,
as follows:
BITSLIESS AND CIVIL RIGHTS
( An address ctelivered by James P. Mitchell,
senior vice president and director, Crown
Zellerbach alorp., San Francisco, before the
Commonwe slth Club of California, Shera-
ton-Palace Hotel, San Francisco, June 5,
1964)
After consilering the issues of the day
and expressing his opinion by casting his
ballot, the citizen in a democratic society
tends to leave their solution to the Govern-
ment which he elects. But the nature of
the civil rights issue Is such that it cannot
be solved by g'overnmental action alone. It
RECORD ? SENATE August 1
is one which the American people them-
selves, in their individnal and community
11i.e, will have to confront and act upon.
I consider that this 3a ar is altogether dif-
ferent from our presidential years In the
Severity of this test to which it puts the
American people.
The new civil rights legislation will not
dispose of the matter.
Et may, in some ways actually aggravate
the problem because too many people ex-
pect it to cure too much. For those that
have these high expectations, disappoint-
ment and disillusionment are bound to
follow.
Significant though the legal measures are
Wilch may strike at the formal patterns of
discrimination, the basic challenge is more
subtle, because it must be met at the com-
munity, the neighborhood and even the per-
sonal level. Only by me s ting this challenge
can we take the affirmative actions which
will enable the Negro to utilize, and enjoy,
and profit by the rights that the law and
the Constitution guarantee.
As a people, we are coning up to a major
confrontation on the Negro rights issue for
the first time in this century. It is not that
the issue has suddenly materialized, for in-
deed it has always been with us under the
surface; only in the past years has it erupted
as Ithe national issue, unmistakable and un-
avoidable in North and South alike.
:For all its liberality and tolerance, both in
tradition and in law, California itself is in
the midst of the civil rights turmoil. In my
opinion, Senator Konen :has effectively rep-
resented the opinion of this State by his
efforts to steer the civil sights bill through
the opposition in the Senate. At the State
level, Californians are facing what I consider
to be a misguided campaign for repeal of
the Rumford fair housing act. ? which will
be en the ballot in November. At the metro-
politan level, here in San Francisco, we are
concerned with the triple crises of housing
for Negroes, education and training, and
greater job opportunities for Negroes. And
for the first time the cite has had to give
sarious consideration to dealing with these
questions as smatter of urgent public policy.
Many believe?certainly I do?that the
heart of the matter here !s economic. The
Federal civil rights bill will secure for the
Negro in California few if any safeguards that
hs does not already enjoy in the State. Here
hs votes, here he travels, here he obtains
lade ng and meals, here he shops for goods
and services without hindrance. What he
lacke, what he wants, what he must be given
the opportunity to get, is employment and a
higher standard of living. From a practical
standpoint, employment is difficult to legis-
late, unless we refer to the expansion of gov-
ernment operations as a whole. Employment
In the private sector, which is the real under-
pituang of our economy, cannot be legislated
at all. And so the sit-ins, the picketings, the
insea demonstrations of Negro action groups
are not conducted at city :nail or in Sacra-
mento, but in and around the premises of
private employers, as we saw last March in
the corridors of this very ho;e1.
:something is happening that is new in our
eseaerLence. It is, of course, unpleasant and
uncomfortable to be the abject of direct
political action, especially if you're not ac-
cuitoned to it and consides it unwarranted
and unfair in the first place.
7et if we become too mach preoccupied
with the rights and wrongs of shopins, Re-
ins, atins, and now the new tactic we have
seen at the Bank of America of nickel-and-
dirae-ins, we shall lose sight of the major
problem which is to create more jobs and
provide real opportunities fcr Negroes.
At present there are about 21 million
Negroes in the United States, or 10.8 percent
of the total population. The Negro portion
of the population will undoubtedly iaceease
for two reasons: the gap between the death
rates for whites and Negroes will be reduced;
while the birth rates for Negroes will in all
probability continue to be higher than those
for whites, with the likelihood that by 1930
the Negro population will have risen to 80
million, or about 12 percent of the total
population.
As far as we can see, this is no less the
prospect for California and the San Francisco
Bay area than for the rest of the country:
there will be a continuing increase in the
Negro population here and, along with laa,
an increase in the problem of "inherited un-
employment" from which the Negro suffers.
By "inherited unemployMent" I mean that
you have a second generation of Negro youth
corning along who have been raised in fami-
lies that have never had a job?families
which, of necessity, must plan their economic
future on the basis of public welfare.
We must realize, too, that this problem of
Negro unemployment is taking place in the
context of a rising unemployment trend for
all the work force, white and black.
No matter what administration is in power,
we shall increasingly confront this chal-
lenge: How in the face of defense cutbacks,
in the face of changes in the composition and
skills of the work force, in the face of dia.
appearing low-skill ;obs, can we bring about
acoelerated employment for Negroes.
Our response may well determine whether
we shall have local and regional explosionsi
of racial tension and even violence in the
streets, or achieve a peaceful and equitable
adaptation to the situation.
The NAACP and CORE and ad hoc coma
nattees are leading, and doubtless will con-
tinue to lead, demonstrations in the streets.
Where these demonstrations consist of order-
ly picketing that creates no disturbance of
the peace, where they are basted on a factual
determination of a failure by the employer
within the limits of his ability to seek an
accommodation of the needs of the Negroes
for employment, I do:n't see how we can deny
that these methods et protest are legitimate
and acceptable. Who can blame Negroes for
their burning desire to keep their cause alive
and in the forefront of the public, which all
too easily could subside into apathy if the
pressure is not maintained?
At the same time, I join those who deplore
and object to the militant, extremist tactics
of deliberate violation of the laws protecting
the public peace and safety. Where demon-
strations of civil disobedience slop over into
actions that cause the necessity of mass
arrests and arouse widespread public resent-
ment, the progress of Negro rights is harmed
anti retarded.
Nothing could be worse for the stability of
our society in the long run than a continua-
tion of the calculated flouting of the au-
thority of the courts that we have seen lately.
Yet I feel strongly that the only way to
contain the extremists in these situations
is for the white community to give its sup-
port to moderate leaders of the Negro com-
munity in their appeal for action.
It is up to the business and industrial
leadership of the country, of the State, of
the community to take the lead in changing
the economic status of American Negroes and
adjusting the scales o.r economic and social
imbalance.
A company can say the right things?most
of our industries in the North and West are
saying all the right things?but an extra
effort beyond policy statements on nondis-
crimination is required. Concrete programs
of recruiting, hiring, and training need to be
carried out. In this we must go beyond
opening the door on lower paid jobs; we must
find positions for Negroes on the managerial
ladder.
Now business is not organized philan-
thropy, even though individual businessmen
may be philanthropic. Nor is anyone close
to this problem suggesting that business take '
over the functions that lawfully belong in
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1964 CONMESSIONAL RECORD ? SENATE
the field of public welfare. But business,
as a rule, does not have much contact with
the Negro community. It has no organized
way of learning whether qualified candidates
are available who could make a solid and
lasting contribution to the success of the
enterprise. But the will to do something is
unmistakably there.
I have had conversations with the top men
in industries having the largest payrolls in
San Francisco. I find a disposition among
them to accept the proposition that they
should take the lead in opening up jobs to
Negroes, not only to prevent militant ex-
tremists from exploiting resentment and
deadlock, but because it is morally and so-
cially right to do so. They have good will
and understanding for the Negroes' aims
toward self-betterment. They are ready to
work at closing the gap which exists between
the state of Negro education and training
and the requirements of the labor market.
They are ready to do this within the eco-
nomic realities of running a business orga-
nization, with full recognition of the larger
social objective Involved.
At management levels where hiring respon-
sibilities are centered, there is a basic con-
viction in favor of totally nondiscriminatory
policies. Perhaps you have heard of the
recent report on this question by the Anti-
Defamation League of B'nai B'rith which
says: "It is obvious that American industrial
leaders today are much more conscious of
their public responsibility than is generally
thought. Despite misgivings about picket-
ing, stuns and demonstrations, efforts by
civil rights groups have made executives
aware that industry cannot prosper in an
atmosphere of conflict."
The report goes on to say that while in-
dustrial leaders are not talking about it pub-
licly, the concept of more aggressive hiring
of nonwhite workers is gaining increasing
acceptance among major corporations.
This sounding of executives was taken in
55 American companies. It supports my be-
lief that the great majority of large indus-
trial employers have accepted an affirmative
and positive responsibility for Negro employ-
ment. This is not merely vague and gen-
eralized good will. The responsibility can
be expressed in concrete terms along the fol-
lowing lines:
First, freedom from racial or religious dis-
crimination in employment is a civil right
to which minority group members are justly
entitled under existing law in many States
and under prospective Federal law. It is a
private, as well as a public, responsibility to
secure this freedom.
Second, nondiscrimination should be a
fixed and unequivocal policy in recruiting,
interviewing, evaluating, hiring, training,
and promoting qualified employees, from
bottom to top.
Third, employers should do all they can
to open the door to employment for Negroes
and members of other minority groups at the
levels for which they are qualified, and to
train them for advancement on the same
basis as all other employees.
Fourth, employers should apply merit em-
ployment principles to all the terms, condi-
tions, and benefits of employment. This
means that merit, ability, and work perform-
ance of minority group members will earn
them equal consideration with other em-
ployees in decisions on promotion, layoff and
recall and discharge.
Fifth, employers should give Negro em-
ployees special consideration for access to
training and apprenticeship programs.
The five principles which I have just out-
lined are actually embodied in many em-
ployer codes, such as that of the Federated
Employers of the bay area here in San Fran-
cisco. I am not, therefore, suggesting any-
thing unprecedented or novel to business-
men and industrial executives. Indeed.
these represent the minimum obligation
that an employer should be willing to accept.
But let us assume that all this is sub-
scribed to. There remains the tremendous
problem of finding Negroes who are qualified
to fill job openings.
Automation, by reducing the need for un-
skilled and semiskilled jobs, is bringing about
a continuous revision of job qualifications.
As these technological changes take effect,
it is estimated that as many as half of our
high school graduates, Negro and white, will
find it increasingly difficult to get employ-
ment.
Intensive searching among these high
school trained youth may yield a modest in-
ventory of employable Negro skills. But all
the recruiting in the world, I fear, will come
up short of finding, and placing, qualified
Negroes in jobs to the extent that is required
if real and substantial progress is to be made
in bettering the economic status of Negroes
in urban employment. Therefore the con-
clusion has been reached, not alone by orga-
nizations involved in the Negro struggle, but
by many students of this critical problem,
that the only way out of the vicious circle is
to begin to hire what I would call "qualifi-
able" Negroes and train them on the job.
Unless industry is prepared to help him,
the average young Negro coming into the job
market today, untrained or partially trained,
cannot hope to survive the declining eco-
nomic demand for low skills--or no skills.
To acquire skills, he must first have a
chance to acquire schooling, training and
experience. Schooling of course comes first.
What are the young Negroes' chances of fully
benefiting from it when he comes from a
slum home? In this atmosphere of "cultural
deprivation" we hear so much about, the
chances that he can move out of the ranks of
the unemployed are far from good.
But let us say he overcomes these com-
mon handicaps and finishes high school. At
present there is no really effective link be-
tween the school from which he graduates
and the labor market. A blank wall of the
white man's job world faces the young Negro.
He is almost totally cut off from hope of ap-
prenticeship to a skilled trade. Few unions
go out of their way to qualify Negroes for
craft skills, and some are indifferent if not
hostile to their entry.
Caught in this corner, Negro youth can
hardly be blamed if it despairs, loses hope,
and marches with smoldering resentment in
street demonstrations. Yet, as we know, the
demonstration can have a self-defeating ef-
fect and make the circle of Negro unemploy-
ment even more vicious than it is. If they
will, employers can show the way out of the
corner. Some members of the business com-
munity are ready to help the Negro who is
behind in the competition for jobs; the
concept of aggressive hiring is gaining
ground; indeed, wisdom suggests that the
cost of ignoring the problem of Negro em-
ployment may prove in the end to be con-
siderably greater than the cost of doing
something about it.
It is surely not inconceivable that private
employers should say to unqualified work-
ers, both white and nonwhite: "If you have
the aptitude but lack the skills, we'll train
you." The idea of on-the-job training for
the qualifiable workers is more acceptable
when it is offered to all. But as it goes on,
more Negroes than whites will be picked
up in the process.
I think we ought, however, to note a differ-
ence between the voluntary act of hiring
Negroes to qualify them for employment and
the involuntary process of fixed-quota em-
ployment. Setting fixed quotas is a frequent
demand of Negro acitonists; but I feel that it
is unsound; it is a negation of the concept
We are trying to enlarge, that a man and his
skills are valuable for what they are, with-
out regard to his color. Employers should
17089
not be expected to capitulate to the pressure
for what has been called racism in reverse,
and I am sure they will not do so.
In the 1930's, there began a necessary and
reasonable movement of workers, backed by
law, to acquire job security through union
organization. Wherever industry resisted
this effort, it only succeeded in strengthen-
ing and toughening trade union strength.
While the situations may not be parallel, in-
dustry should not commit the same mistake
now of failing to make an accommodation
with the unorganized, but organizable,
strength of the Negro minority.
And what about the unions?
Some have done an acceptable, some an
excellent job of opening their membership
and job opportunities to Negroes. Others
have a long history of discrimination, and
today find themselves trapped in this situ-
ation: with a limited number of jobs avail-
able, the white members of a predominantly
white union will fight tenaciously to preserve
their seniority rights to jobs by keeping Ne-
groes out.
Because of this past experience, it is going
to be difficult for unions that discriminate to
remedy their errors, unless more jobs are
created. But to the extent possible it must
be done. The community should intensify
the pressure of opinion to bring about the
abolition of this insidious and unjustifiable
racial discrimination.
Given the competition for union-controlled
employment, given the competition among
employers to keep up efficiency in order to
maintain profits at satisfactory levels, our
economic system must nevertheless develop
approaches to the attack on the problem of
Negro employment.
In spite of the militancy of some pressure
groups, in spite of the lack of skills among
many Negro job applicants, in the face of the
Negro's handicaps arising from inherited un-
employment, American business, California
business, San Francisco Bay area business
cannot say that this is too tough a job.
Businessmen are in a more influential posi-
tion than any other group to build the con-
fidence and faith of Negroes in the equity
and justice of our society, which white and
black inseparably share. It is an opportunity
to be seized. It could be a supreme con-
tribution to our national life and character.
The light of America, darkened by the racial
cloud, would brighten and shine more bril-
liant than ever.
Our economic system is capable of this.
We are under the world's unforgiving ob-
servation. We have arrived at a conjuncture
of time and circumstance in which it is
possible to proceed to the liquidation of this
problem.
THE GOLDEN ANNIVERSARY OF
THE AMALGAMATED CLOTHING
WORKERS OF AMERICA, AFL?CIO
Mr. KUCHEL. Mr. President, the
year 1964 marks the golden anniversary
of the founding of the Amalgamated
Clothing Workers of America, AFL-CIO.
I am happy to acknowledge this land-
mark in American labor history and pay
tribute to the members of the Amal-
gamated?both past and present?who
helped make it the fine union it is today.
To recall the grim conditions facing
the average garment worker when this
union was founded in 1914 is to realize
the great debt we all owe to this vigorous
organization. In a most dramatic half
century of labor progress, the Amal-
gamated succeeded in raising the aver-
age garment worker from the humiliat-
ing degradation of the sweatshop to the
place he or she now holds today as a
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17090 CONGRESSIONAL RECORD SENATE August 1
vigorous and dignified member of the
community.
There are many major areas of labor
welfare in which the Amalgamated Pio-
neered. It was one of the first unions to
Launch cooperative housing projects, the
!first one being constructed in 1926.
Since that time the union has con-
structed four major low-cost cooperative
housing projects, costing $60 million, and
owned jointly by 5,000 tenant-coopera-
tors.
The Amalgamated was also one of the
first unions to establish a labor bank.
During 1922 and 1923 it opened the
Amalgamated Savings & Trust Co. of
Chicago and the Amalgamated Bank of
New York. Both institutions were de-
signed as "workers' bank," offering low-
cost loans, transmission of money over-
seas, and bank hours adjusted to workers'
schedules.
Another First for the Amalgamated was
the establkshment of clinics throughout
the country to provide low-cost medical
care to thousands of its members and
their families. Amalgamated members
and their employers also contribute to
an unemployment fund which antici-
pated the Federal Social Security Act
and Federal unemployment insurance by
a dozen years.
In additem to its great contributions
to worker welfare, the Amalgamated has
also pioneered in the field of amicable
union-management relationships. One
evidence of the effectiveness of this policy
is the fact that relations between the
union and one of its major employers
have not been marred by a strike in the
entire 50 years the union has been in
existence. The Amalgamated has made
it official policy to comprehend the needs
of management as well as the needs of
its own members.
The 50-year history of the Amalga-
mated Clothing Workers of America
symbolizes the ability of our democracy
to produce lively and meaningful organi-
zations which serve well the needs of our
people. The members of the Amalga-
mated can truly be proud of their first
half century of existence. I wish this
great American union many more years
of continued service, both to its own
membership and to the American people
as a whole
BUSINESS OUTLOOK?ECONOMIC
SUCCESS IS POSTWAR VICTORY
Mr. HIDVIPHREY. Mr. President, re-
cently I noticed an article in one of our
leading newspapers of the Midwest, the
Minneapolis Morning Tribune, entitled,
"Economic Success Is Postwar Victory."
The article is by Mr. J. A. Livingston. a
respected and noted columnist and writ-
er in the field of economics.
I call it to the attention of the Senate
because in days when so many people are
telling us of the phenomenal success
of the Communist bloc?or, should I
say, the alleged phenomenal successes of
the Communist bloc?it is good to know
the facts in reference to the achieve-
ments of the American free enterprise
system and of our own economic society.
Mr. taleringston says in the opening para-
graphs:
In the postwar struggle against commu-
nism, the United States has gained an un-
recorded. unnoticed victory?a victory which,
If our luck holds, eventually Will lind its way
into long and fateful pasoages In political
histories.
A review of the cold war brings immediate-
ly to mind 'military or political successes,
such as the rollback of Communist Party
strength in France and Italy, the ouster of
Communists from Greece, the Berlin airlift,
and iihe Cuban blockade.
More telling, but less dramatic, is our eco-
nomm achievement at home, an achievement
for which all of us can take a bow. We have
proved the lie of Marxist dogma by making
a mockery of predictions by Communist
economists that depression-prone capitalism
would take another header in the United
States after World War H.
Mr. President, I consider this to be one
of the most telling and revealing state-
ments relating to the contest between
tee two societies?the Communist so-
ciety and the democratic society?that I
have ever read. I thought it sufficient-
ly significant so that I would like to share
II, with those who read the CONGRESSIONAL
Rzeoen, and with our colleagues in Con-
gress.
I commend Mr. Livingston for stating
succinctly, concisely, and directly the
success story of America a capitalism, the
American free enterprise system, in this
trying and crucial postwar period, at a
time when we have had world leadership,
et a time when we had to share our
wealth and energy with peoples all over
the world, at a time when we had to face
the tremendous challenge of Communist
Lggression. Nevertheless, during that
time of trouble and difficulty, we have
achieved the greatest success that the
world has ever known. I think it ought
to be heralded by the American people,
regardless of their political persuasion,
vocation, or avocation.
I ask unanimous consent that the arti-
cle by Mr. J. A. Livingston, published in
the Minneapolis Morning Tribune en-
titled "Business Outlook?Economic Suc-
cess Is Postwar Victory,'' may be printed
at this point in the REcOaD.
There being no objection, the article
was ordered to be printed in the RECORD,
us follows:
BUSINESS OuTLocnc?Eco :COMIC SUCCESS IS
POSTWAR VICTORY
(By J. A. Livingston)
In the postwar struggle against commu-
nism, the United States has gained an unre-
corded, unnoticed victory?a victory which,
if oar luck holds, eventually will find its way
Into long and fateful passages in political
histories.
A review of the cold war brings immedi-
ately to mind military or political successes,
suc]2 as the rollback of Communist Party
strength in France and Daly; the ouster of
Communists from Greece; the Berlin airlift,
and the Cuban blockade.
More telling, but less dramatic, is our eco-
31001iC achievement at home, an achieve-
ment for which all of us can take a bow.
We have proved the lie of Marxist dogma by
making a mockery of predictions by Corn-
mimist economists that depression-prone
capitalism would take ancther header in the
United States after 'World War U.
The success has forced a change in termi-
nology. The bowl-shaped indentations on
charts of pre-World War II slumps in Amer-
ica prompted the wcrd "depression." But
this description did not suit the saucerlike
letdowns since the end, of the war.
The National Bureau of Economic Research
has analyzed business cycles back to 1854.
The average downturn before World War II
was 21 months. Since the war, the longest
single downturn has lasted but 14 months.
The postwar average IF only 10 months.
Information on the severity of depres-
sions--percentage drops in industrial produc-
tion?is not adequate going way back. But
we know this: Industrial production in the
five depressions between 1920 and the out-
break of World War II declined 27 percent on
the average. If the great depression is ex-
cluded, the average drop is only 21 percent,
but that still exceeds the most severe contrac-
tion of the postwar period-14 percent.
To be sure, the expansions?the recoveries
from recession?have not always been so
long-lasting or so virile as Presidents and
Presidential advisers would have liked. The
short-lived 1958-80 advance (only 25 months)
provided John F. Kennedy, as candidate for
President, with his campaign slogan to "get
the country moving again."
Nonetheless, the gains have been striking,
and the current advance of 41 months is not
only well beyond the 30-month long-term
average but promises to be the longest peace-
time advance in history, even longer than the
1949-53 recovery that was helped along by
the Korean war.
PRESIDENT OPTIMISTIC OVER
ECONOMY
Mr. HUMPHREY. Mr. President, I
ask unanimous consent that an article
published in the NE:W York Herald Trib-
une on July 11, 1964, written by Mr. Tom
Lambert, entitled "President Sees Econ-
omy Booming, Promises More 'Good
News' Soon" and an article published in
the Washington Post of July 11, 1964,
written by Mr. Laurence Stern, entitled
"L.B.J. Paints Rosy View of Economy,"
be printed at this point in the RECORD.
There being no objection, the articles
were ordered to be printed in the RECORD,
as follows:
[From the New York Herald Tribune, July 11,
19641
PRESIDENT SIMS ECONOMY BOOMING, PROMISES
MORE GOOD NEWS SOON
(By Toni Lambert)
WAsnnvoroN.?Pre( ident Johnson coun-
tered Senator BARRE GOLDWATER'S accusationa
of fiscal irresponsibility yesterday with a
barrage of glowing statistics and statements
from experts indicating this country's econ-
omy is flourishing.
Mr. Johnson told a hastily summoned news
conference in the White Rouse Cabinet ROOM
that he expects to announce more economic
"good news" shortly about fiscal year 1964,
Which ended June 30.
And "as far as the trained eye can see,"
Mr. Johnson went on happily, the national
economy will continue improving into 1965?
after the forthcoming presidential election.
Seemingly enjoying the Republicans' cur-
rent presidential platform and nomination
troubles but refusing loftily to try to ex-
acerbate them, the President declined com-
ment on Senator GOLDWATER'S recent remarks
that no Republican could oust Mr. Johnson
from the White Howie as of now.
With a twinkling eye and a slow smile,
the President said, "I think the Republican
Party has enough problems already without
thy adding to them n any way."
The President was equally unresponsive
to several questions about Democratic Party
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1964 'CONGRESSIONAL RECORD?SENATE
politics and his running mate on this year's
ticket.
Asked if backing by northern big-city
Democratic bosses might help Attorney Gen-
eral Robert Nermedy obtain the vice-presi-
dential nomination, the President replied
obliquely:
I think the delegates to the convention,
after they nominate the President, will act
on the vice-presidential nomination, and I
plan to make recommendations to them in
that connection, as is customary, if I am the
nominee." Mr. Johnson evinced no uneasi-
ness that he might not be the nominee.
"I believe the convention will select the
man that is available who has the best quali-
fications to occupy the office of Vice Presi-
dent, and President if he should be called
upon to do that," Mr. Johnson continued:
The President said he intended to talk
yesterday with visiting Chicago Mayor
Richard Daley, but added that he had no
plans to discuss the Vice Presidential nomi-
nation with him.
Mr. Johnson was noncommittal when
asked if Alabama Gov. George Wallace's
"political activity" was more hurtful to the
Democrats than the Republicans, or vice
versa, saying he has not studied or evaluated
Governor Wallace's efforts. However, the
President called reporters' attention to a
Washington newspaper's assessment that the
Alabaman's candidacy is "more damaging to
GOLDWATER than to Johnson."
The President devoted a goodly portion of
his news conference to a midyear report on
the national economy. And as he viewed it,
the economy is in fine shape.
Employment is up, with 1.2 million more
persons working than 6 months ago, he said,
and average weekly earnings in manufactur-
ing hit a new high of $100 in May, up $3.74
over the same month last year.
? Incomes and profits are higher today than
1 year ago, he went on, with the average
American family of four having gained about
$500 of annual income last year, after taxes.
Prices are stable, the President continued,
and the public and business community are
- filled wtih "calm confidence."
"People know that times are good and get-
ting better and they are responding wisely,
investing soundly and showing restraint in
price and wage policies," he said in words
expected to be heard from many a campaign
platform later this year.
lir. Johnson did not elaborate on the
"good news" he hopes to announce soon
about the Government's financial position
at the end of fiscal year 1964. Some sources
expect hint to confirm a recent New York
Herald Tribune report that Government
spending fell below the official estimate of
$98.3 billion and might go as low as $97
billion.
After reeling off his statistics, the Presi-
dent noted that collective bargaining nego-
tiations now are underway in the auto-
mobile industry. The outcome can have a
"profound impact upon our future price sta-
bility," he said, adding he was confident the
negotiators will work out a responsible set-
tlement.
Asked to comment on Senator GoLnwAvEit's
"charges of fiscal irresponsibility in your
administration," Mr. Johnson said he did
not know precisely what the probable Re-
? publican presidential candidate had alleged.
The President then cited wtih relish a
variety of approving comment on the na-
tional economy by such persons and orga-
nizations as Henry Ford U, the American
Bankers' Association, the National Research
Bureau, and the Morgan Guaranty Trust Co.
Those commentators, Mr. Johnson re-
"are in authoritative positions to cle-
tern-dile the fiscal responsibility of this ad-
ministration: without any other motives."
Be teamed to be implying that Senator GOLD-
WATER'S accusations were politically moti-
Va,ted.
No. 148-2
[From the Washington (D.C.) Poet, July 11,
1964]
L.B.J. PAINTS ROSY VIEW or FrCONOMY : "Trams
ARE GOOD?AND GUTTING Bwraza," PRESI-
DENT BAYS
(By Laurence Stern)
President Johnson painted a rosy picture
yesterday of a national economy that he
said will continue to boom "as far as the
trained eye can see into 1965."
In his first formal press conference since
June 23, the President laid heavy stress on
midyear indicators showing that employ-
ment, profits, wages, and dividends were
surging ahead under his administration.
"People know that times are good and that
they are getting better ? * *" the President
observed in the course of the impromptu
conference, from which he strained out any
overtly political comment.
Not only did he decline to be drawn into
a discussion of his prospective vice presi-
dential running mate, but he even refrained
from talking about the divisions afflicting
the Republican Party in San Francisco.
ENOUGH PROBLEMS
"I think the Republican Party has enough
problenis without my adding to them in any
way," he said.
The news conference was held in the Cabi-
net Room immediately after Mr. Johnson pre-
sented the Distinguished Service Medal to
Adm. Harry D. Felt, recently retired as U.S.
commander in the Paciftc.
Only in one instance did the President
allow himself to be drawn into a remotely
partisan exchange. This was when he was
asked whether he had any comment on Sen-
ator BARRY GOLDWATER'S charge that the ad-
ministration is fiscally irresponsible,
Mr. Johnson seemed unusually well pre-
pared for the question. He replied that he
didn't know what GOLDWATER may have said.
But then he reeled off a list of laudatory
comments on his fiscal-policies by the Ameri-
can Bankers Association, Henry Ford, the
Wall Street Journal, the National Research
Bureau, Financial Columnist Sylvia Porter,
the Morgan Guaranty Trust Co., and the New
York Times.
SIDESTEPS ON WALLACE
The President archly brushed aside a ques-
tion about whether he thought the candi-
dacy of Alabama Gov. George C. Wallace
would do more damage to the Republicans
or Democrats.
"I am not in the polling business," said
the President, "but I did, I believe, read this
morning a poll on the front page of the
Washington paper, and I think there is a
copy there in my office that you can see."
He was referring to a Louis Harris poll in-
dicating that Wallace's candidacy would
draw more votes away from Senator GOLD-
WATER than from Mr. Johnson in the general
election.
ASKED ABOUT BAKER
Asked for comment on the Senate Rules
Committee report on the Bobby Baker in-
vestigation, the President said only that "it
will be read and thoroughly considered and
such action as the Senate feels justified
will be taken." After the news conference,
however, a White House press aid circulated
through the press quarters to find out which
reporter had asked the question.
The President also served notice to auto-
mobile industry and union negotiators that
he would like them to achieve a noninflation-
ary agreement without Government inter-
vention.
In his rosy review of midyear economic
prospects the President dropped some new
statistics and a good many old ones.
REPORTS SALES SPURT
He did disclose that retail sales in June
held to the strong May rate and were 6.2
percent above last year's levels. Sales dur-
17091
ing the week ending July 4, he said, spurted
11 percent above the comparable period last
year.
During the past year, he said, a family of
four gained about $500 in annual income
after taxes?a rate which he noted was
matched only once in peacetime history, in
1948.
Mr. Johnson praised the House for its effi-
ciency and speed in completing action on
the regular 1965 money bills. lie also noted
that his requests were cut by less than half
as much as the budget submitted last year
by President Kennedy.
The current cuts of 3 percent, said the
President, come as "welcome confirmation of
our belief back in January that we were sub-
mitting a budget that would be hard to
cut."
LEGISLATIVE APPORTIONMENT
CASES
Mr. ERVIN. Mr. President, those of
us who believe that the Supreme Court
should interpret; that Is, ascertain the
meaning of the Constitution, rather than
amend it; that is, change its meaning,
were much disturbed by the decisions of
the majority of the Court in Reynolds
against Sims and the other legislative
apportionment cases-12 L. Ed. 2d 506?
decided on June 15, 1964.
One of the ablest constitutional law-
yers who has ever adorned the Court,
Justice John M. Harlan, wrote a dis-
senting opinion in these cases, which sets
forth in cogent and illuminating fashion
the grounds for our misgivings. Justice
Harlan stated with complete candor
"that the vitality of our political system,
in which in the last analysis all else de-
pends, is weakened by reliance on the
judiciary for political reform" and that
"when, in the name of constitutional in-
terpretation, the Court adds something
to the Constitution that was deliberately
excluded from it, the Court in reality
substitutes its view of what should be so
for the amending process."
Justice Harlan's dissenting opinion in
these cases should receive the thought-
ful consideration of all Americans, and
especially those Americans who share the
view expressed by the great English
statesman, William Ewart Gladstone, in
these words:
I have always regarded the Constitution
as the most remarkable work known to me
in modern times to have been produced by
the human intellect, at a single stroke (so to
speak), in its application to political affairs.
For this reason, I ask unanimbus con-
sent that Justice Harlan's dissenting
opinion be printed at this point in the
body of the RECORD.
There being no objection, the dissent-
ing opinion of Justice Harlan was
ordered to be printed in the RECORD, as
follows:
Mr. Justice Harlan, dissenting.*
In these cases the Court holds that seats in
the legislatures of six States I are apportioned
*EDITOR'S NOTE?This opinion als4 applies
to WMCA, Inc. v. Lomenzo, (No. 20), p. 568,
infra; Maryland Committee for Fair Repre-
sentation. v. Tawes (No. 29), p. 595, infra;
Davis v. Mann (No. 69), p. 609, infra; Roman
v. Sincock (No. 307), p. 620, infra; and Lucas
v. Forty- fourth. General Assembly of the State
of Colorado (No. 508), p. 632, infra.
Alabama, Colorado, Delaware, Maryland,
New York, Virginia.
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17092 CONGRESSIONAL RECORD - SENATE
in ways that violate the Federal Constitu-
tion. Under the Court's ruling it is bound
to follow that the legislatures in all but a
few of the other 44 States will meet the
same fate.8 These decisions, with Wesberry
v. Sanders, 376 U.S. 1, 11 L. ed, 24 481, 84
S. Ct. 526, involving congressional districting
by the States, and Gray v. Sanders, 372 U.S.
368, 9 L. ed. 241 821. 83 S. Ct. 801, relating
to elections for statewide office, have the
effect of plating basic aspects of State po-
litical systems under the pervasive overlord-
ship of the Federal judiciary. Once again,
I must register my protest.
ARELIMINARY STATEMENT
Today's holding is that the equal protec-
tion clause of the 14th amendment requires
every State to structure its legislatiure so
that all the members of each house represent
substantialty the same number of people;
other lectors may be given play only to the
extent that they do not significantly encroach
on this basic population principle. Whatever
may be thooght of this holding as a piece of
political ideology-and even on that score
the political history and practices of this
country from its earliest beginnings leave
wide room for debate (see the dissenting
opinion of Frankfurter, J., in Baker v. Carr,
369 U.S. 186 266, 301-323, 7 L. ed. 2d 663, 714,
734-746, 82 S. Ct. 691) -I think it demon-
strable that the 14th amendment does not
impose this political tenet on the States or
authorize this Court to do so.
The Court's constitutional discussion,
found in Me opinion in the Alabama cases
(Nos. 23, 27, 41, ante, p. 506) and- more par-
ticularly at pages 527-531 thereof, is re-
markable (as, indeed, is that found in the
separate opinions- of my Brothers Stewart
and Clark, ante, pp. 542, 543) for its failure
to address Meat' at all to the 14th amendment
as a whole oe to the legislative history of the
amendment ,eertinent to the matter at band.
Stripped of aphorisms, the Court'a argument
boils down to the assertion that petitioners'
right to vote has been brvidicently-"debeaed"
or "diluted" by systems or apportionment
which entitle thein to vote fog fewer legis-
lators than other votes, art aasertatien which
Is tied to the emeed, protection clause only
by the constitutionally frail tautology that
'equal" means "equal."
Rad the Court paused to probe more deeply
into the matter, it would have found that the
equal pretection Manse was never intend-
ed to inhibie, the States in choosing any
democratic method they pleased for the
apportionreeet of their legislatures. This
Is shown by the language of the lath amend-
ment taken es a whole, by the understand-
ing of those who proposed and ratified it,
and by the political practices of the States
at the time the amendment was adopted.
It is confirmed by numerous State and con-
'In the Virigina case, Davis V. Mann,
U.S. -, 12 L. MI. 24-609, 84 S. Ct. -, the de-
fendants introduced an exhibit prepared by
the staff of the Bureau of Public Administra-
tion of the University of Virginia in which
the Virginia Legislature, now held to be un-
constitutionally apportioned, was ranked
eighth among the 50 States in "representa-
tiveness," with population taken as the basis
ol representation. The Court notes that be-
fore the end at 1902, litigation attacking the
apportionment of State legislatures had been
instituted in at least 34 States. Ante, p. 524,
note 30. See infra, p. 555.
'See Baker Cart, 369 U.S. 188, 330, 7 L-
ien 24 663. 750. 82 S. 'Ct. 691, and the dis-
senting opinion of Frankfurter, J., in which
joined, id., 363 U0. at 266, 7 L. Ed. 26. at
714; Gray v. Sanders, 372 U.S. 368, 382,
Ed. 24 821, 13 S. Ct. 801; Wesberry v. Sanders,
3'76 U.S. 1, 20, 11 L. Id. 24 481. 484, 84 S. 04.
626.
gressional actions since the adoption of the
14th amendment, and by the common under-
standing of the amendment as evidenced by
antesequent constitutional amendments and
dealsions of this Court before Baker v. Carr
supra, made an abrupt break with the past
In 1962.
The failure of the Court to consider any
of these matters cannot be excused or ex-
plained by any concept of "developing" con-
stieutionalisrn. It is meaningless to speak
of constitutional "development" when both
the language and history of th.e controlling
previsions of the Constitution are wholly
ignored. Since it can, I think, be shown be-
eox.d doubt that State legislative apportion-
:meats, as such, are wholly free of con-
stitutional limitations, save such as may be
Imposed by the Repeblican Form of Gem-
ernment Clause (Comet., art. IV, sec. 4) e the
court's action now bringing them within the
purview of the 14th ameniment amounts to
nothing less than an exercise of the amend-
ing power by this Court.
So far as the Federal Constitution is con-
center'. the complaints in these cases should
all have been dismissed below for failure to
state a cause of action, heeause what has
teen alleged or proved shows no violation
of any constitutional right.
Before proceeding to my argument it
should be observed that nothing done in
Baker v. Carn supra, or in the two cases that
follevred in its wake, Gray v. Sanders and
Wesherry v. Sanders, supri? from which the
Court quotes at some length, forecloses the
conetusion which I reach.
Baker decided only that claims such as
those made here are within the competence
ee the Federal courts to adjudicate. Al-
though the Court stated as its conclusion
that the al.legationet of a denial of equal
pronictiort presented "a justiciable constitu-
'Clore.' cause of action," 369 U.S. at 237, 7 L.
Ed. nri at 697, it is evident from the Court's
opinion that it was concerned all but ex-
clusively with justinciability and gave no
eeriseas attention to the queetfon whether the
equal protection clause touches State legis-
lative apportionments. Neither the opinion
of the Court nor any of the concurring opin-
to:as eonsidered the relevant; text of the 14th
amendment or any of the historical mate-
riels bearing on that question. None of the
That clause, which manifestly has no
beams on the claims made in these cases,
see V. Elliott's Debates on the Adoption of
this Federal Constitution (1845), 332-333,
could not in any event be the foundation for
Judicial relief. Luther v. Borden, 7 How I,
42-44, 12 L. Ed. 2e1 599; Ohio ex rel. Bryant
v. Akron Metropolitan Park District, 281
U.S. '14, 79-80, '74 L. Ed. 711, 715, 50 S. Ct.
228, et ALR 1460; Eighland Farms Dairy,
Inc. v. Agnew, 300 U.S. 608, 612, L. Ed. 835,
839, 57 S. Ct. 549. In Bake' v. CST?, supra,
359 U.S. at 227, 7 L. Ed. 24 at 691, the Court
stated that reliance on the Republican Form
of Government Clause, "would be futile."
8 It is fair to say that, beyond discussion of
a large number of cases having no relevance
to this question, the Court's views on, this
subject were fully stated in the compass of
a single sentence: "Judicial standards under
the equal protection clause are well devel-
oped and familiar, ami it has been open to
courts since the enactment of the 14th
amendment to determine, if en the particu-
lar facts they must, that a discrimination
"retest:1a no policy, but simply arbitrary and
capricious action." 369 U.S. at 226, 7 L. Ed.
2d at 691.
Encept perhaps for the "crazy quilt" doe-
trin,e of my Brother Clark, 369 U.S. at 251.
7 L. Ed. 24 at 705, nothing in added to this
by any of the concurring opinions, id., at
241, 2115, 7 L. Ed. 24 at 700, 713.
August 1
materials was briefed or otherwise brought
to the Court's attention?
In the Gray case the Court expressly laid
aside the applicability to State legislative
apportionments of the "one person, one
vote" theory there found to require the
striking down of the Georgia county unit
system, See 372 US. at 376, 9 L. ed. 24 at
827, and the, coneurring opinion of Stewart.
J., joined by Clark, J., id., at 381-382,0 L. ed.
24 at 831.
Isa Wesherry, inveaving congrrasional dis-
tricting, the declaim rested on article 1,
section 2, of the Constitution. The Court
expressly Md not roach the arguments put
forward concerning the equal protection
claues. See 370 U.S. at 8, note 10, 11 L. ed.
211 at 487.
Thus it seems abundantly clear that the
Court is entirely free to deal with the cases
presently before it. te light of materials now
called to its attention for the first time,
To these I now tura.
A. The language ct,' the 14th amendnzent
The Court relies exclusively on that pore
tion of section 1 of the 14th amendment
which provides that no State shall "deny to
any person within its jurisdiction the equal
protection of the laws," and disregards en-
tirely the sip:11114am* of section 2, which
reads:
"Representatives ishall be apportioned-
among the several States according to their-
respective numbers counting the whole num-
ber of persons in each State, excluding Indi-
ans not taxed. 'But when the right to vote
at any election for the choice of electors for
President and Vice President of the United
States, Representatives in Congres, the ex-
ecutive and judicial officers of a State, or
the members of the legislature thereof, is
denied to any of the male inhabitants of
such State. being 21 years of age, and citi-
zens of the United States, or in any way
abridged, except for participation in rebellion,
or other crime, the basis of representation
therein shall be reduced in the proportion
which the number of such male citizens shall
bear to the whole number of male citizens
21 years of age in such State."
The amendneent Is a single text. It was
introduced and discussed as such in the
reconstruction committee,' which reported
it to the Congress. 31 was discussed as a
unit in Congress and proposed as a unit to
the States,8 which ratified it as a unit. A '
proposal to split up the amendment and
submit each section to the States as a sep-
arate amendment was rejected by the Senate,
Whatever one might take to be the applica-
tion to these cases of the equal protection
clause if it stood alone, I am unable to under- '
stand the-Court's utter disregard of the sec-
ond section which expeessly recognizes the
States' power to deny "or in any way" abridge
the right of their inhabitants to vote for "the
members of the Mate) legislature," and its
express provision of a remedy for such denial
or abridgment. The comprehensive scope of
the second section and its particular refer-
ence to the State legislatures precludes the
suggestion that the first section was intended
e The cryptic renaands in Scho/ie v. hare,
369 UM 420, 8-L. Ed. 2d 1, 82 S. Ct. 916, and
WMCA, Inc. v. Simon, 870 U.S. 190, 8 L. Ed,
430, 82 S. Ct. 1234, on the authority of Baker,
had nothing to say on the question now be-
fore the Court.
"See the Journal of the Committee, re-
printed in Kendrick, the Journal of the Joint
Committee of Fifteen on Reconstruction
(1914), 83-117.
8See the debates in Congress, Cong. Globe,
39th Cong., 1st sew, 2454-3148, passim (1866)
(hereafter Globe).
Globe 3040.
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1964 CONGRESSIONAL RECORD ? SENATE 17093
to have the result reached by the Court today.
If indeed the words of the 14th amendment
speak for themselves, as the majority's dis-
regard of history seems to imply, they speak
as clearly as may be against the construction
which the majority puts on them But we are
not limited to the language of the amend-
ment itself.
B. Proposal and ratification of the
amendment
The history of the adoption of the 14th
amendment provides coriclasiev evidence that
neither those who proposed nor those who
ratified the amendment believed that the
equal protection clause limited the power
of the States to apportion their legislatures
as they say fit. Moreover, the history demon-
strates that the intention to leave this power
undisturbed was deliberate and was widely
believed to be essential to the adoption of
the amendment.
(1) Proposal of the amendment in Con-
gress: A resolution proposing what became
the 14th amendment was reported to both
Houses of Congress by the Reconstruction
Committee of Fifteen on April 30, 1866.10
The first two sections of the proposed amend-
ment read:
"Sac. 1. No State shall make or enforce any
law which shall abridge 'the privileges or
immunities of citizens of the United States;
nor shall any State deprive any person of life,
liberty, or property without due process or
law; nor deny to any person within its juris-
diction the equal protection of the laws.
"SEC. 2. Representatives shall be appor-
tioned among the several States which may
be included within this Union, according to
their respective numbers, counting the whole
number of persons in each State, excluding
Indians not taxed. But whenever, in any
State, the elective franchise shall be denied
to any portion of its male citizens not less
than 21 years of age, or in any way abridged
except for participation in rebellion or other
crime, the basis of representation in such
State shall be reduced in the proportion
which the number of such male citizens shall
bear to the whole number of male citizens
not less than 21 years of age." 11
In the House, Thaddeus Stevens intro-
duced debate on the resolution on May 8.
In his opening remarks, Stevens explained
why he supported the resolution although
it fell "far short" of his wishes:
"I believe it is all that can be obtained
in the present state of public opinion. Not
only Congress but the several States are to
be consulted. Upon a careful survey of the
Whole ground, we did not believe that 19
of the loyal States could be induced to ratify
any proposition more stringent than this." 1,
In explanation of this belief, he asked the
Rouse to remember "that 3 months since,
and more, the committee reported and the
House adopted a proposed amendment fixing
the basis of representation in such way as
would surely have secured the enfranchise-
ment of every citizen at no distant period,"
but that proposal had been rejected by the
Senate?,
"Globe 2265, 2286.
11 As reported in the House. Globe 2286.
For prior versions of the amendment in the
Reconstruction Committee, see Kendrick, op.
cit., supra, note 7, 83-117. The work of the
Reconstruction Committee is discussed in
Kendrick, supra, and Flack, the adoption
of the 14th amendment (1908), 55-139,
passim.
14 Globe 2459.
1, Ibid. Stevens was referring to a pro-
posed amendment to the Constitution which
provided that "whenever the elective fran-
chise shall be denied or abridged in any
State on account of race or color, all persons
therein of such race or color shall be ex-
cluded from the basis of representation."
Globe 535. It passed the House, id., at 538,
but did not muster the necessary two-thirds
vote in the Senate, id., at 1289.
He then explained the impact of the first
section of the proposed amendment, particu-
larly the equal protection clause.
"This amendment ? * * allows Congress
to correct the unjust legislation of the
States, so far that the law which operates
upon one man shall operate equally upon
all. Whatever law punishes a white man for
a crime shall punish the black man precisely
in the same way and to the same degree.
Whatever law protects the white man shall
afford 'equal' protection to the black man.
Whatever means to redress is afforded to one
shall be afforded to all. Whatever law allows
the white man to testify in court shall al-
low the man of color to do the same. These
are great advantages over their present codes.
New different degrees of punishment are in-
flicted, not on account of the magnitude of
the crime, but according to the color of the
skin. Now color disqualifies a man from
testifying in courts, or being tried in the
same way as white men. I need not enu-
merate these partial and oppressive laws.
Unless the Constitution should restrain them
those States will all, I fear, keep up this
discrimination, and crush to death the hated
freedmen," "
He turned next to the second section,
which he said he considered "the most im-
portant in the article." 16 Its effect, he said,
was to fix "the basis of representation in
Congress." 16 In unmistakable terms, he rec-
ognized the power of a State to withhold the
right to vote:
"If any State shall exclude any of her
adult male citizens from the elective fran-
chise, or abridge that right, she shall forfeit
her right to representation in the same pro-
portion. The effect of this provision will be
either to compel the States to grant universal
suffrage or so to shear them of their power
as to keep them forever in a hopeless minor-
ity in the National Government, both legis-
lative and executive."
Closing his discussion of the second sec-
tion, he noted his dislike for the fact that
it allowed "the States to discriminate [with
respect to the right to vote] among the same
class, and receive proportionate credit in
representation." 18
Toward the end of the debate 3 days later,
Mr. Bingham, the author of the first section
in the Reconstruction Committee and its
leading proponent,10 concluded his discus-
sion of it with the following:
"Allow me, Mr. Speaker, in passing, to say
that this amendment takes from no State
any right that ever pertained to it. No
State ever had the right under the forms of
law or otherwise, to deny to any freeman
the equal protection of . the laws or to
abridge the privileges or immunities of any
citizen of the Republic, although many of
them have assumed and exercised the power,
and that without remedy. The amendment
does not give, as the second section shows,
the power to Congress of regulating suffrage
in the several States." 20
He immediately continued;
"The second section excludes the conclu-
sion that by the first section suffrage is sub-
jected to congressional law; save, indeed, with
this exception, that as the right in the peo-
ple of each State to a republican government
and to choose their Representatives in Con-
gress is of the guarantees of the Constitu-
tion, by this amendment a remedy might be
given directly for a case supposed by Madison,
where treason might change a State govern-
ment from a republican to a despotic govern-
Globe 2459.
* 15 Ibid.
IA Ibid.
17 Ibid.
"Globe 2460.
10 Kendrick, op. cit., supra, note 7, 87, 106;
Flack, op. cit., supra, note 11, 60-68, 71.
20 Globe 2542.
ment, and thereby deny suffrage to the peo-
ple." 21
He stated at another point in. his re-
marks:
"To be sure we all agree, and the great body
of the people of this country agree, and the
committee thus far in reporting measures
of reconstruction agree, that the exercise of
the elective franchise, though it be one of
the privileges of a citizen of the Republic, is
exclusively under the control of the
States." 20
In the 3 days of debate which separate the
opening and closing remarks, both made by
members of the reconstrution committee,
every speaker on the resolution, with a single
doubtful exception?, assumed without ques-
tion that, as Mr. Bingham said, supra, "the
second section excludes the conclusion that
by the first section suffrage is subjected to
congressional law." The assumption was
neither inadvertent nor silent. Much of the
debate concerned the change in the basis of
representation effected by the second sec-
tion, and the speakers stated repeatedly, in
express terms or by unmistakable implica-
tion, that the States retained the power to
regulate suffrage within their borders. At-
tached as appendix A hereto are some of
those statements. The resolution was
adopted by the House without change on
May /0.24
Debate in the Senate began on May 23, and
followed the same pattern. Speaking for the
Senate chairman of the Reconstruction
committee, who was ill, Senator Howard, also
a member of the committee, explained the
meaning of the equal protection clause as fol-
lows:
"The last two clauses of the first section
of the amendment disable a State from de-
priving not merely a citizen of the United
States, but any person, whoever he may be,
of life, liberty, or property without due proc-
ess of law, or from denying to him the equal
protection of the laws of the State. This
abolishes all class legislation in the States
and does away with the injustice of sub-
jecting one caste of persons to a code not
applicable to another. It prohibits the hang-
ing of a black man for a crime for which the
white man is not to be hanged. It protects
the black man in his fundamental rights as
a citizen with the same shield which it
throws over the white man. Is it not time,
Mr. President, that we extend to the black
man, I had almost called it the poor privilege
of the equal protection of -the law?
"But, sir, the first section of the proposed
amendment does not give to either of these
classes the right of voting. The right of
suffrage is not, in law, one of the privileges
or immunities thus secured by the Constitu-
toin. It is merely the creature of law. It
has always been regarded in this country as
the result of positive local law, not regarded
as one of those fundamental rights lying at
the basis of all society and without which
a people cannot exist except as slaves, subject
to a depotism [sic]." 20
Discussing the second section, he ex-
pressed his regret that it did "not recognize
the authority of the United States over the
0' Ibid. It is evident from the context of
the reference to a republican government
that Bingham did not regard limitations on
the right to vote or the denial of the vote
to specified categories of individuals as vio-
lating the guarantee of a republican form
of government.
22 Ibid.
" Representative Rogers, who voted against
the resolution, Globe 2545, suggested that the
right to vote might be covered by the Privi-
leges .and Immunities Clause, Globe 2538.
But immediately thereafter he discussed the
possibility that the Southern States might
"refuse to allow the Negroes to vote." Ibid.
" Globe 2545.
20 Globe 2766.
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17094 CONGRESSIONAL RECORD - SENATE
question of suffrage in the several States et
all.", He justified the limited purpose of
the amendment in this regard as follows:
"But, sir, it is not the question here what
will we deg it is not the question what you,
or I, or halt a dozen other members of the
Senate may prefer in respect to colored suf-
frage; it is not entirely the question what
measure we can pass through the two
Houses; but the question really is, what wid
the legislatures of the various States to
whom these amendments are to be sub-
mitted do in the premises; what is it likely'
will meet: the general approbation of the
people who are to elect the legislatures, three-
fourths of whom must ratify our proposi-
tions before they have the force of consti-
tutional provisions?
"The committee were of opinion that the
States are not yet prepared to sanction se
fundamer tal a change as would be the con-
cession of the right of suffrage to the colored
race. we may as well state it plainly aue
fairly, so that there shall be no misunder-
standing on the eilbject. It was our opinior.
that three-fourths of the States of this:
Union cotld not be induced to vote to grant
the right of suffrage, even in any degree or
under any restriction, to the colored
race * * *,
"The second section leaves the right to
regulate the elective franchise still with the
States, and does not meddle with that
rig ht." 21
There was not in the Senate, as there had
been In the House, a closing speech. in es-
planation of the =wade:tent- 13nt because
the Senate considered, and linen* adopted,
several changes in the flint and second sec-
tions, even more attention was given to the
problem of voting rights there than had
been given in tate House. In the Senate, it
was fully understood by everyone that
neither the first nor the second section in-
terfered with the right of the States to reg-
ulate the elective franchise. Attantted as
Appendix 11 hereto are representative state-
ments from the debates to that effect. After
having changed the proposed amendment to
the form in which it wail adopted, the Sen-
ate passed the resolution on June 8, 1866."
As changed, it peened in the House on June
(ii) Ratification by the "loyal" States:
Reports of the debates in the State legisla-
tures on the ratification of the 14th amend-
ment are not generally available. , There
is, however., compelling indirect evideuee.
Of the 23 loyal States which ratified the
amendment before l870 B haat Constitu-
tional provisions for apportionment of at
least 1 house of their respective legisla-
26 Ibid.
27 Ibid.
" Globe 3342.
29 Globe 3148.
n Such evidence as there is, mostly com-
mittee repoets and messages to the legisla-
tures from Governors of the States, is to the
same effect as the evidence from the debates
in the Congress. See Arkansas House J. 286
(1866-67); Florida Senate J. 8-10 (1866); In-
diana House J. 47-48, 50-51 (1867); Massa-
chusetts: Legislature doe., House Doc. No. 149,
4-14, 16-17, 23, 24, 25-28 (1867); Missouri
Senate J. 14 (1867); New Jersey Senate J. 7
(extra sass. 11366); North Carolina Senate J.
96-97, 98-99 (1866-67); Tennessee House J.
12-15 (1865-66); Tennessee Senate J. 8 (ex-
tra sees. 1861); Virginia House J. and doe.,
Doe. No. 1- St- (1866-87): Wisconsin Senate J.
13, 101-103 (1867). Contra, South Carolina
House J. 34 (1866); Texas Senate J. 422 (1866
Alltn?
For an account of the proceedings in the
State legislatures and citations to the pro-
ceedings, sea ?airman; "Does the 14th
Amendment Incorporate the Bill of Rights?"
2 Standard L. Rev. 5, 81-126 (1919).
tures which wholly disregarded the spread of
populational Ten More had constitutional
provisions which gave primary emphasis to
population, but whice applied also other
principles, such as partial ratios and recog-
onion of political subdivisions, which were
Intended to favor sparsely settled areas.t
Can it be seriously contended that the legis-
latures of these States, almost two-thirds of
eaose concerned, would have ratified an
amendment which Might render their own
States' constitutions unconstitutional?
Noe were these State constitutional provi-
alone merely theoretical In New Jersey, for
example, Cape May County, with a popula-
tion of 8,349, and Ocean. County, with a
population of 13,628, each etected 1 State
senator, as did Essex and Hudson Counties,
with populations of 143.839 and 129,067, re-
apectivelyee In the house, each county was
entitled to 1 representative, which left 39
seats to be apportioned according to popula-
tion:" Since there were 12 counties besides
the 2 already mentioned which had popu-
lations over 30,000,28 it is evident that there
were serious disproportions in the house
ano. In New York, each of the 60 counties
except Hamilton County was entitled to I.
of the 128 seats in the assembly.' This left
69 seats to be distributed among counties the
populations of which ranged from 15,420 to
943,292.37 With 7 more counties having
populations over 100,000 and 13 others hav-
ing populations over 50,000," the dispropor-
ticn in the assembly wee necessarily large.
In Vermont, after each county had been al-
Ice ated I senator, there were 16 seats re-
nes:Ming to be distributel among the larger
continent* The smallest eounty had a popu-
e Connecticut Constitution, 1818, art. third,
sec. 3 (towns); New Hampshire Constitution,
1'792, part second, sec XXVI (direct taxes
paid); New Jersey Constitution, 1844, art. IV,
see. II, el. 1 (counties); lellocle Island Consti-
tution, 1842, art. VI, sec._1 (towns and cities);
Vezmont Constitution, 1793, c. II, sec. 7
(towns).
La none of these Stooes was the other
Hone apportioned strictly according to pop-
'elation. Connecticut Constitution, 1818,
Aineoci II; New .Elampabire Constitution,
part second, sees. IX-XI; New Jersey
Constitution, 1844, art. IV, see. III, cI. 1;
Rhode Island Constitution, 1842, art. IT, sen
1.; Vermont Constitution, 1'793, amend 23.
" Iowa Constitution, 181.1, art. III, sec. 35;
Kansas Constitution, 1859, art. 2. sec. 2, art.
In :tee. 1; Maine Constitution, 1819. art. IV,
part first, sec. 3; Michigan Constitution, 1850,
art. IV, sec. 3; Missouri Constitution, 1865,
art. /V, see. 2; New York Constitution, 1846,
art. XII, sec. 5; Ohio Constitution, 1851, art.
XI, secs. 2-5; Pennsylvania Constitution,
1886, art. I, sees. 4, 6, 7, as intended; Tennes-
see Constitution, 1834, EtriL II. see. 5; West
Virginia Constitution, 1861-63, art. IV. sec. 9.
al, Ninth Census of the United States, Sta-
tstiss of Population (1872) (hereafter Cen-
sos), 49. The population figures, here and
hereatter, are for the year 1870, which pre-
sumably best reflect the figures for the years
1865-70. Only the figures for 1860 were
available at that time, of course, and they
would have been used by anyone interested
in population statistics. See, e.g., Globe 3028
(le/narks of Senator Johnson).
The method of apportionment is contained
in. New Jersey Constitution, 1E144, art. IV, sec.
U, a 1.
stNew Jersey Constitution, 1844, art. IV,
sec. 11I, Cl. I. Census 49.
n Ibid.
"New York Constitution, 1846, art.
teas. 2, 5. Census 50-61.
n raid.
" raid.
"I here were 14 counties, Census 67, each
of which was entitled to at least one out of
a total of 30 seats. VerinOnt Constitution,
1733, amend 23.
August
;anon of 4,082; the largest had a population
of 90,051 and there were 10 other counties
with populations over 20,000.0
(11i) Ratification by the "reconstructed"
States; Each of the 10 "reconstructed"
States was required to ratify the 14th amend-
ment before it NVILI readmitted to the Union"
The constitution of each was scrutinized in
Congress." Debates over readmission were
extensive." In ai; least one instance, the
problem of State legislative apportionment
was expressly called to the attention of Con-
gress. Objecting to the inclusion of Florida
in the act of June 25, 1868, Mr. Farnsworth
stated on the floor of the House:
"I might refer to the apportionment of
representatives. By this constitution rep-
resentatives in the Legislature of Florida
are apportioned in such a manner as to give
to the sparsely populated portions of the
State the control of the legislature. Tlie
sparsely populated parts of the State are
those where there are very few Negroes. the
parte inhabited by the white rebels, the men
who, coming In from Georgia, Alabama, arid
other States, control the fortunes of their
several counties. By this constitution ever/
county in that State is entitled to a rep-
resentative. There are in that State counties
that have not 30 registered voters; yet, under
this constitution, every one of those coueo
ties is entitled to a representative in the
legislature; while the populous counties are
entitled to only one representative each, with
"Census 67.
e Act of Mar. 2, 186'7, sec. 5, 14 Stat. 429.
See also act of June 25, 1868, 15 Stat. '73, de-
claring that the States of North Caroline,
South Carolina. Louisiana. Georgia, Alabama,.
and Florida, would be admitted to represen-
tation in Congress when their legislatures
had rani/led the 14ith amendment. Other
conditions were also imposed, including a re-
quirement that Geoigia nullify certain prove-
sions of its constitution. Ibid. Arkansan,
which had already ratified the 14th amend.
ment, wan readmitted by sot of June 22, 1868,
15 Stat. 72. Virginta was readmitted by ace
of Jan. 26, 1870, 16 Stat, 62: Mississippi be
act of Feb. 23, 1870, ::6 Stat. 57; and Texas by
act of Mar. 30, 1870, 16 Stat. 80. Georgia win
not finally readmitted until later, by act
July 15, 1870, 16 Stat. 363.
DiacussIng the bill which eventuated in
the act of June 25, 1868, see note 41, supra,
Thaddeus Stevens said:
"Now, sir, what is the particular question
we are considering? Five or six States have
had submitted to them the question of form-
big constitutions for their own government.
They have voluntarily formed such conetitue
tions, under the direction of the Government
of the United States. They have sent us tlaelr
constitutions. Those constitutions have been'
printed and laid before us. We have looked
at them; we have pronounced them republi-
can in form; and all we propose to require is
that they shall remain so forever. Subject to
this requirement, we are willing to admit,
them into the Union." Cong. Globe, 40th no
Cong., 2d sees., 2466 (1888). Sec also the
remarks of Mr. Butler, supra aaid p. 553, infra.
The dose attention given the various con-
stitutions Is attested by the act of June 25,
1865, which conditioned Georgia's readmis-
ston on, the deletion of "the first and third
subdivisions of section 17 of the 5th article
of the constitution of said State, except the
proviso to the first subdivision * *," 15
Stat. 73. The sections involved are printed
in S. Ex. Doe, No. 57, 40th Cong., ad sees.,
14-15.
Compare United States v. Florida, 363 U.S.
121, 124-127, 4 L. Ed. 2d 1096, 1098-1100, 80
S Ct. 1026.
"See, e.g., Cong. Globe, 40th Cong., 2d
sees., 2412-2413, 2858-2860, 2861-2871, 2895--
2900, 2901-2904, 2927-2935, 2963-2970, 2998-
3022,3023-3029 (1868).
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196.4 CONGRESSIONAL RECORD - SENATE
an additional representative for every thou-
sand inhabitants.""
The response of Mr. Butler is particularly
illuminating:
"All these arguments, all these statements,
all the provisions of this constitution have
been submitted to the judiciary committee
of the senate, and they have found the con-
stitution republican and proper. This con-
stitution has been submitted to the senate,
and they have found it republican and
proper. It has been submitted to your own
committee on reconstruction, and they have
found it republican and proper, and have
reported it to this house.""
The constitutions of 6 of the 10 States con-
tained provisions departing substantially
from the method of apportionment now
held to be required by the amendment."
And, as in the North, the departures were as
real in fact as in theory. In North Carolina,
90 of the 120 representatives were appor-
tioned among the counties without regard
to population, leaving 30 seats to be distrib-
uted by numbers. 4? Since there were 7
counties with populations under 5,000 and 26
counties with populations over 15,000, the
disproportions must have been wide-
spread and substantial." In South Carolina,
Charleston, with a population of 88,863,
elected two senators; each of the other
counties, with populations ranging from
10,269 to 42,486 elected one senator.* In
Florida, each of the 39 counties was entitled
to elect one representative; no county was
entitled to more than four." These principles
applied to Dade County with a population
of 85 and to Alachua County and Leon Coun-
ty, with populations of 17,828 and 15,236,
respectively."
It is incredible that Congress would have
exacted ratification of the 14th amendment
as the price of .readmission, would have
studied the State constitutions for compli-
ance with the amendment, and would then
have disregarded violations of it.
The facts recited above show beyond any
possible doubt:
? (1) that Congress, with full awareness of
and attention to the possibility that the
States would not afford full equality in vot-
ing rights to all their citizens, nevertheless
deliberately chose not to interfere with the
States' plenary power in this regard when it
proposed the 14th amendment;
(2) that Congress did not include in the
14th amendment restrictions on the States'
power to control voting rights because it
believed that if such restrictions were in-
cluded, the amendment would not be
adopted.
(8) that at least a substantial majority, it
not all, of the States which ratified the 14th
amendment did not consider that in so do-
ing, they were accepting limitations on their
freedom, never before questioned, to regulate
voting rights as they chose.
Even if one were to accept the majority's
belief that it is proper entirely to disregard
the unmistakable implications of the sec-
ond section of the amendment in construing
" Cong. Globe, 40th Cong., 2d seas., 3090--
3091 (1868) .
"Id., at 3092.
"Alabama constitution, 1867, art. VIII,
sec. 1; Florida constitution, 1868, art. XIV;
Georgia constitution, 1868, art. III, sec. 3, par.
1; Louisiana constitution, 1868, title II, art.
20; North Carolina constitution, 1868, art.
sec. 6; South Carolina constitution, 1868,
art. II, secs. 6,8.
North Carolina constitution, 1868, art.
It, sec. 6. There were 90 counties. Census
52-53.
4' Ibid.
"South Carolina constitution, 1868, art. 17,
sec. 8; Census 60.
5?Florida constitution, 1868, art. XIV.
51 Census 18-19.
the first section, one is confounded by its
disregard of all this history. There is here
none of the difficulty which may attend the
application of basic principles to situations
not contemplated or understood when the
principles were framed. The problems which
concern the Court now were problems when
the amendment was adopted. By the de-
liberate choice of those responsible for the
amendment, it left those problems un-
touched.
C. After 1868
The years following 1868, far from indi-
cating a developing awareness of the ap-
plicability of the 14th amendment to prob-
lems of apportionment, demonstrate pre-
cisely the reverse: that the States retained
and exercised the power independently to
apportion their legislatures. In its constitu-
tions of 1875 and 1901, Alabama carried for-
ward earlier provisions guaranteeing each
county at least one representative and fix-
ing an upper limit to the number of seats
in the house." Florida's constitution of
1885 continued the guarantee of one rep-
resentative for each county and reduced the
maximum number of representatives per
county from four to three." Georgia, in
1877, continued to favor the smaller coun-
ties.54 Louisiana, in 1879, guaranteed each
parish at least one representative in the
house." In 1890, Mississippi granted each
county one representative, established a
maximum number of representatives, and
provided that specified groups of counties
should each have approximately one-third
of the seats in the house, whatever the
spread of population." Missouri's constitu-
tion of 1875 gave each county one repre-
sentative and otherwise favored less populous
areas." Montana's original constitution of
1889 apportioned the State senate by coun-
ties." In 1877, New Hampshire amended
its constitution's provisions for apportion-
ment, but continued to favor sparsely set-
tled areas in the house and to apportion
seats in the senate according to direct taxes
paid;" the same was true of New Hampshire's
constitution of 1902."
In 1894, New York adopted a constitution
the peculiar apportionment provisions of
which were obviously intended to prevent
representation according to population: no
County was allowed to have more than one-
third of all the senators, no two counties
which were adjoining or separated only by
public waters could have more than one-half
of all the senators, and whenever any county
became entitled to more than three sena-
tors, the total number of senators was in-
creased, thus preserving to the small coun-
ties their original number of seats." In ad-
dition, each county except Hamilton was
guararanteed a seat in the assembly." The
North Carolina Constitution of 1876 gave
each county at least one representative and
fixed a maximum number of representatives
for the whole house." Oklahoma's Constitu-
52 Alabama constitution, 1875, art. IX, secs.
2, 3; Alabama constitution, 1901, art. IX, secs.
198, 199.
Florida constitution, 1885, art. VII, sec. 3.
" Georgia constitution, 1877, art. III, sec. 3.
"Louisiana constitution, 1879, art. 16.
"Mississippi constitution, 1890, art. 13,
sec. 256.
"Missouri constitution, 1875, art. 4, sec. 2.
"Montana constitution, 1889, art. V. sec.
4, art. VI, sec. 4.
"New Hampshire constitution, 1792, part
2, secs. 9-11, 26, as amended.
"New Hampshire constitution, 1902, part
2, arts. 9, 10,25.
el New York constitution, 1894, art.
sec. 4.
6? New York constitution, 1894, art. III,
sec. 5.
North Carolina constitution, 1876, art.
II, sec. 5.
17005
tion at the time of its admission to the
Union (1907) favored small counties by the
use of partial ratios and a maximum num-
ber of seats in the house; in addition, no
county was permitted to take part in the
election of more than seven representatives."
Pennsylvania, in 1873, continued to guaran-
tee each county one representative in the
house.' The same was true of South Caro-
lina's Constitution of 1895, which provided
also that each county should elect one and
only one Senator." Utah's original constitu-
tion of 1895 assured each county of one rep-
resentative in the house." Wyoming, when it
entered the Union in 1889, guaranteed each
county at least one senator and one repre-
sentative."
.D. Today
Since the Court now invalidates the legis-
lative apportionments in six States, and has
so far upheld the apportionment in none, it
is scarcely necessary to comment on the sit-
uation in the . States today, which is,
of course, as fully contrary to the Court's de-
cision as is the record of every prior period
in this Nation's history. As of 1961, the con-
stitutions of all but 11 States, roughly 20
percent of the total, recognized bases of ap-
portionment other than geographic spread
of population, and to some extent favored
sparsely populated areas by a variety of de-
vices, ranging from straight area representa-
tion or guaranteed minimum area represen-
tation to complicated schemes of the kind
exemplified by the provisions of New York's
Constitution of 1894, still in effect until
struck down by the Court today in No. 20,
post, p. 568.5? Since Tennessee, which was
the subject of Baker V. Carr, and Virginia,
scrutinized and disapproved today in No.
69, post, p. 609, are among the 11 States whose
own constitutions are sound from the stand-
point of the Federal Constitution as con-
strued today, it is evident that the actual
practice of the States is even more uniformly
than their theory opposed to the Court's view
of what is constitutionally permissible.
E. Other factors
In this summary of what the majority
ignores, note should be taken of the 16th
and 19th amendments. The former pro-
hibited the States from denying or abridg-
ing the right to vote "on account of race,
color, or previous condition of servitude."
The latter, certified as part of the Constitu-
tion in 1920, added sex to the prohibited clas-
sifications. In Minor v. Happersett, 21 Wall
162, 22 L. Ed. 827, this Court considered
the claim that the right of women to vote
was protected by the privileges and immuni-
ties clause of the 14th amendment. The
Court's discussion there of the significance
of the 15th amendment is fully applicable
here with respect to the 19th amendment as
well.
"And still again, after the adoption of the
14th amendment, it was deemed necessary
to adopt a 15th, as follows: 'The right of
"Oklahoma constitution, 1907, art. V,
sec. 10.
"Pennsylvania constitution, 1873, art.
sec. 17.
"South Carolina constitution, 1895, art.
III, secs. 4, 6.
"Utah constitution, 1895, art. IX, sec. 4.
"Wyoming constitution, 1889, art. III,
sec. 3.
A tabular presentation of constitutional
provisions for apportionment as of Nov. 1,
1961, appears in XIV Book of the States
(1962-63) 58-62. Using this table, but dis-
regarding some deviations from a pure popu-
lation base, the Advisory Commission on In-
tergovernmental Relations states that there
are 15 States in which the legislatures are
apportioned solely according to population.
Apportionment of State Legislatures (1962) ,
12.
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17096 CONGRESSIONAL RECORD ? SENATE August 1
citizens of the United States to vote shall
not be el mied or abridged by the United
States, or by any State, on account of race,
color, or previous condition of servitude.'
The Pith amendment had already provided
that no State ehould make or enforce any
law which should abridge the privileges or
immunities of citizens of the United States.
If suffrage was one of these privileges or
immunities, why amend the Constitution to
prevent its being denied on account of race,
etc? Nothing is more evident than that
the great( r must include the less, and if all
were alrer dy protected why go through with
the form of amending the Constitution to
protect a part?" Id., at 175, 22 L. Ed. at
630.
In the present case. we can go still further.
If constitutional amendment was the only
means by which all men and, later, wom-
en, could be guaranteed the right to vote at
all, even for Federal oMeers. How can it he
that the far less obvious right to a particular
kind of ae portionment of State legislaturea-?
-
a right to which is opposed a far more plausi-
ble conflicting interest of the State than the
interest e hich opposes the general right to
vote--can be conferred by judicial construc-
tion of t se 14th amendment? es Yet, un-
less one lakes the highly implausible view
that the :4th amendment controls methods
of apportionment but leaves the right to
vote itself unprotected, the conclusion is in-
escapable that the Court has, for purposes
of these cases, relegated the 15th and
19th amernments to the same limbo of eon-
stitutiona anachronisms to which the sec-
ond sectien of the 14th amendment has
been assigned.
Mentior should be made finally of the de-
cisions of this Court which are dis ceardeci
or, more accurately, silently overruled to-
day. Minor v. Happersett, supra, in which
the Court held that the 14th amendment
did not confer the right to vote on anyone,
has already been noted. Other cases are
more directly in point. /n tole grove v. Bar-
rett (330 U.S. 804, 91 L. Ed. 1262, 67 S. Ct.
973), this Jourt dismissed "for want of a sub-
stantial F ederal question" an appeal from
the dismissal of a complaint alleging that
the Illinois legislative apportionment re-
sulted in 'gross inequality in voting power"
and "grose and arbitrary and atrocious dis-
criminaticn in voting" which denied the
plaintiffs equal protection of the lame' In
Remmey v. Smith (102 F. Supp. 708 (D.C.E.D.
Pa)), a three-judge district court dis-
missed a complaint alleging that the appor-
tionment of the Pennsylvania Legislature de-
prived the plaintiffs of "constitutional rights
guaranteed to them by the 14th amend-
ment." (Id., at 709.) The district court
stated that it was aware that the plaintiffs'
allegations were "notoriously true" and that
"the practical disenfranchisement of quali-
fied electors in certain of the election die-
Comm re the Court's statement in Guinn
v. United States, 238 U.S. 347, 362, 50 L. Ed.
1340, 1347 35 S. Ct. 926, LRA 1016A 1124.
"Beyond doubt the [15th] amendment
does not lake away from the State govern-
ments in f general sense the power over suf-
frage which has belonged to those govern-
ments from the beginning and without the
possession of which power the whole fabric
upon which the division of State and Na-
tional auteseity under the Constitution and
the organ zation of both governments rest
would be without support and both the
authority rf the Nation and the State would
fall to the ground. In fact, the very com-
mand of t le amendment recognizes the pos-
session of the general power by the State,
since the anaendment seeks to regulate its
exercise al to the particular subject with
which it deals."
" The wanted phrases are taken from the
Jurisdictic nal Statement, pp. 13, 19.
tricts in Philadelphia County is a matter of
common knowledge." ::Id., at 710.) This
Court dismised the appeal "for the want of a
substantial Federal queseion." (342 U.S. 916,
N; L. Ed. 685, 72 S. Ct. 368.)
rn ifickf v. McCenles (292 .1117/ 2d 40, the
Supreme Court of Tennessee dismissed an
action for a declaratory judgment that the
Tennessee Apportionment Act of 1901 was
unconstitutional. The complaint alleged
that "a minority of approximately 37 per-
cent of the voting population of the State
now elects and controls 20 of the 33 mem-
hers of the senate: that ri minority of 40 per-
cent of the voting population of the State
now controls 63 of the 99 members of the
Louse of representatives.' (Id., at 42.) With-
out dissent, this Court granted the motion to
dismiss the appeal. (352 U.S. 920, 1 L. Ed, 2d
157, 77 S. Ct. 223.) In Redford v. Gary (145 F.
Supp. 541 (D.C.W.D. Okla.)), a three-judge
district court was convened to consider "the
complaint of the plaintiff to the effect that
the existing apportionment statutes of the'
State of Oklahoma violate the plain mandate
of the Oklahoma constitution and operate to
deprive him of the equal proeection of the
laws guaranteed by the 14th amendment to
the Constitution of the efnited. States." (Id.,
at 542.) The plaintiff alleged that he was a
resident and voter in the most populous
county of the State, which had about 15
percent of the total population of the State
but only about 2 percent of the seats in the
State senate and less than 4 percent of the
seats in the house. The complaint recited
the unwillingness or inability or the branches
of the State government to pro vide.relief and
alleged that there was no State remedy avail-
at le. The district court granted a motion to
armies. This Court affirmed without dis-
sent. (352 U.S. 991, 1 L. Ed. 2e1 540, 77 S. Ct.
559,1
Each of these recent cases is distinguished
on some ground or other in Baker v. Carr.
See 369 U.S. at 235-236, 7 L. ed. 2d at 698.
Their summary dispositions prevent consid-
eration whether these after-the-fact distinc-
tions are real or imaginary. The fact re-
mains, however, that between 1947' and 1057,
four cases raising issues precisely the same
as those decided today were presented to the
Court. Three were dianissed because the
beues presented were thought insubstantial
arid in the fourth the lower court's dismissal
was affirmed?"'
" In two early cases dealing with party pri-
maries in Texas, the Court indicated that the
equal protection clause did afford some pro-
tection of the right to vote. Nixon v. Kern-
dan, 273 U.S. 536, 71 L. El. 759, 47 S. Ct. 446:
Aaron v. Condon., 286 U.13. '73, 76 L. Ed. 984,
52 S. Ct. 484, 88 A.L.R. 4.58. Before and after
these cases, two cases dealing with the
qualifications for electors in Oklahoma had
gone off on the 15th an endment, Guinn v.
United States, 238 U.S. 34.7, 59 le Ed. 1840, 35
S. Ct. 926, LitA 1916A 1124; Lane v. Wilson,
307 U.S. 268,83 L. Ed. 1281, 59 S. Ct. 872. The
raeionale of the Texas rases is almost cer-
tainly to be explained by the Court's reluc-
tance to decide that party primaries were a
part of the electoral process for purposes of
the 15th amendment. See Newberry v.
United States, 256 U.S. 232, 65 L. Ed. 913, 41
S. Ct. 469. Once that question was laid to
reit in United States v. Massie, 813 U.S. 299,
85 L. Ed. 1368, 61 S. Ct. 1031, the Court de-
cided subsequent cases involving Texas party
pemaries on the bests Cf the 15th amend-
ment. Smith V. Allteright, 321 U.S. 849, 88
L. Ed. 987,64 S. Ct. 757, lel A.L.R. 1110; Terry
v. Adams, 345 U.S. '161,97 L. Ed. 1152, 73 S. Ct.
803.
The recent decision in Gomillion v. Light-
foot, 364 U.S. 339, 5 L. Ed. 2d 110, 81 S. Ct.
1211, that a constitutioncl claim was stated
by allegations that municipal lines had been
redrawn with the intention of depriving Ne-
I have tried to make the catalog coin-
plete, yet to keep it within the manageable
limits of a judicial opinion. in my judg-
ment, today's decisions are ref utect by the
language of the amendment which they con-
strue and by the inference fairly to be dream
from subsequently enacted amendments.
They are unequivocally refuted by history
and by consistent theory and practice from
the time of the adoption of the 14th amend-
ment until today.
XI
The Court's elaboration of its new "consti-
tutional" doctrine indicates how far?axid
how unwisely?it has estsayed from the ap-
propriate bounds of its authority. The cop-
sequence of today's decision is that in all
but the handful of States which may already
satisfy the new requirements the local dis-
trict court or, it may be; the State courts,
are given blanket authority and the consti-
tutional duty to supervise apportionment
of the State legislatures. It is difficult to
imagine a more intolerable and inappropriate
interference by the judiciary with the inde-
pendent legislatures of the States.
In the Alabama cases (Nos. 23, 27, 41), the
district court held invalid not only existing
provisions of the State constitution?which
this Court lightly dismisses with a wave of
the supremacy clause and the remark that
"it makes no difference whether a State's
apportionment scheme is embodied in its
constitution or in seatutory provisions," ante,
page 540?but also a proposed amendment to
the Alabama constitution which had never
been submitted to the voters of Alabama ear
ratification, and "Candler' legislation which
was not to become effective unless the amend-
ment was rejected (or declared unconstitu-
tional) and in no event before 1968. Sims v.
Prink, 206 P. Supp. 431. See ante, pages 510-
521. Both of these measures had been
adopted only 9 days before, e at an extraor-
dinary session of the Alabama Legislature,
convened pursuant to what was very nearly
a directive of the district court, see Sims v.
Prink, 205 F. Supp. 245, 249. The distriCt
court formulated its own plan for the ap-
portionment of the Alabama Legislature, by
picking and choosing among the provisions
of the legislative measures. 208 F. Suppe
at 441-442. See ante page 521. Beyond that,
the court warned the legislature that there
would be still further judicial reapportion-
ment unless the legislature, like it or not,
undertook the task for itself. 208 F. Supp.
at 442. This court now states that the die-
trict court acted in "a most proper and core-
mendable manner, ante, page 541, and ap-
proves the district court's avowed intentien
of taking "some further action" unless the
State legislature acts; by 1986. ante, page 542.
In the Maryland case (No. 29, post. p. 595
the State legislature was called into special
session and enacted a temporary reappor-
tionment of the house of delegates, under
pressure from the States courta.e There-
groes of the right to vote in municipal elec.-
tints was based on the 15th amendment.
Only one Justice, in a concurring opinion,
relied on the equal protection clause of the
14th amendment. Id., at 349, 5 L. Ed. 2d at
118.
'" The measures were adopted on July 19,
1982. The district court handed down Ha
opinion on July 21 1962.
e In reversing an initial order of the
circuit court for Anne Arundel County disi-
missing the plaintiffs' complaint, the Mary-
land Court of Appeals directed the lower
court to hear evidence on and determine the
plaintiffs' constitutional claims, and, if it
found provisions Cf the Maryland consti-
tution to be invalid, to "declare that the
legislature has the power, if called into
special session by the Governor and such
action be deemed appropriate by it, to enact
a bill reapportioning its membership for
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after, the Maryland court of appeals held
that the Maryland Senate was constitution-
ally apportioned. Maryland CoMmittee for
Fair Representation v. Tawes (229 Md. 406).
This court now holds that neither branch of
the State legislature meets constitutional re-
quirements. Post, page 606. The court
presumes that since "the Maryland constitu-
tional provisions relating to legislative ap-
portionment [are] hereby held unconstitu-
tional, the Maryland Legislature has the in-
herent power to enact at least temporary
reapportionment legislation pending adop-
tion of State constitutional provisions"
which satisfy the Federal Constitution, id.,
at 607. On this premise, the court concludes
that the Maryland courts need not feel
obliged to take further affirmative action
now, but that "under no circumstances
should the 1966 election of members of the
Maryland Legislature be permitted to be con-
ducted pursuant to the existing or any other
unconstitutional plan." Id., at 608.
In the Virginia case (No. 69, post, p. 609),
the State legislature in 1962 complied with
the State constitutional requirement of reg-
ular reapportionment." Two days later, a
complaint was filed in the district court."
Eight months later, the legislative reappor-
tionment was declared unconstitutional.
Mann v. Davis (213 F. Supp. 577). The dis-
trict court gave the State legislature 2
months within which to reapportion itself in
special session, under penalty of being reap-
portioned by the court." Only a stay grant-
ed by a member of this court slowed the
process; 78 it is plain that no stay will be
forthcoming in the future. The Virginia
Legislature is to be given an adequate oppor-
tunity to enact a valid plan; but if it fails
"to act promptly in remedying the consti-
tutional defects in the State's legislative ap-
portionment plan," the district court is to
take further action. Post, page 618.
In Delaware (No. 307, post, p. 620), the
district court entered an order on July 25,
1962, which stayed proceedings until Au-
gust 7, 1962, "in the hope and expectation"
that the general assembly would take "some
appropriate action" in the intervening 13
days. Sincock v. Terry, 207 F. Supp. 205, 207.
By way of prodding, presumably, the court
noted that if no legislative action were taken
and the court sustained the plaintiffs' claim,-
"the present general assembly and any sub-
sequent general assembly, the members of
which were elected pursuant to section 2 of
article 2 [the challenged provisions of the
Delaware constitution], might be held not
to be a de jure legislature and its legislative
acts might be held invalid and unconstitu-
tional." Id., at 205-206. Five days later,
on Ally 30, 1962, the general assembly ap--
purposes of the November 1962 election."
Maryland Committee for Fair Representa-
tion v. Tawes, 228 Md. 412, 438-439. On
remand, the opinion of the circuit court in-
cluded such a declaration. The 'opinion was
filed on May 24, 1962. The Maryland Leg-
islature, in special session, adopted the
"emergency" measures now declared uncon-
stitutional 7 days later, on May 31, 1962.
" The Virginia constitution, art. IV, sec.
48, requires that a reapportionment be made
every 10 years.
" The 1962 reapportionment acts were ap-
proved on Apr. 7, 1962. The complaint was
filed on Apr. 9, 1962.
77 The district court handed down its opin-
ion on November 28, 1962, and gave the Vir-
ginia General Assembly until January 31,
1963, "to enact Alppropriate reapportionment
laws," 213 F. Supp. at 585-586. The court
stated that failing such action or an appeal
to this court, the plaintiffs might apply to
It "for such further orders as may be re-
quired." Id., at 586.
On December 15, 1962, the Chief Justice
granted a stay pending final disposition of
the ease in this Court.
proved a proposed amendment to the State
constitution. On August '7, 1962, the dis-
trict court entered an order denying the
defendants' motion to dismiss. The court
said that it did not wish to substitute its
judgment "for the collective wisdom of the
General Assembly of Delaware," but that "in
the light of all the circumstances," it had
to proceed promptly. 210 F. Supp. 395, 396.
On October 16, 1962, the court declined to
enjoin the conduct of elections in November.
210 F. Supp. 396. The court went on to
express its regret that the general assembly
had not adopted the court's suggestion, see
207 F. Supp. at 206-207, that the Delaware
constitution be amended to make appor-
tionment a statutory rather than a consti-
tutional matter, so as to facilitate further
changes in apportionment which might be
required. 210 F. Supp. 401. In January
1963, the general assembly again approved
the proposed amendment of the apportion-
ment provisions of the Delaware constitu-
tion, which thereby became effective on
January 17, 1963." Three months later, on
April 17, 1963, the district court reached
"the reluctant conclusion" that art. II, sec-
tion 2, of the Delaware constitution was
unconstitutional, with or without the 1963
amendment. Sincock v. Duffy, 215 F. Supp.
169, 189. Observing that "the State of Del-
aware, the general assembly, and this court
all seem to be trapped in a kind of box of
time," id., at 191, the court gave the general
assembly until October 1, 1963, to adopt ac-
ceptable provisions for apportionment. On
May 20, 1963, the district court enjoined
the defendants from conducting any elec-
tions, including the general election sched-
uled for November 1964, pursuant to the old
or the new constitutional provisions." This
court now approves all these proceedings,
noting particulaly that in allowing the 1962
elections to go forward, "the district court
acted in a wise and temperate manner."
Post p. 629."
"The Delaware Constitution, art. XVI,
sec. 1, requires that amendments be approved
by the necessary two-thirds vote in two suc-
cessive general assemblies.
"The district court thus nailed the lid on
the "box of time" in which everyone seemed
to it "to be trapped." The lid was tempo-
rarily opened a crack on June 27, 1963, when
Mr. Justice Brennan granted a stay of the
injunction until disposition of the case by
this Court. Since the Court states that "the
delay inherent in following the State consti-
tutional prescription for approval of consti-
tutional amendments by two successive gen-
eral assemblies cannot be allowed to result in
an impermissible deprivation of appellees'
right to an adequate voice in the election of
legislators to represent them," post, p. 630,
the lid has presumably been slammed shut
again.
81 In New York and Colorado, this pattern
of conduct has thus far been avoided. In
the New York case (No. 20, post, p. 568), the
district court twice dismissed the complaint,
once without reaching the merits, WMCA,
Inc. v. Simon, 202 F. Supp. '741, and once,
after this court's remand following Baker v.
Carr, supra, 870 U.S. 190, 8 L. ed. 2d 430, 82
S. Ct. 1231, on the merits, 208 F. Supp. 368.
In the Colorado case (No. 508, post, p. 632),
the district court first declined to Interfere
with a forthcoming election at which reap-
portionment measures were to be submitted
to the voters, Lisco v. McNichols, 208 F. Supp.
471, and, after the election, upheld the ap-
portionment provisions which had been
adopted, 219 F. Supp. 922.
In view of the action which this court now
takes in both of these cases, there is little
doubt that the legislatures of these two
States will now be subjected to the same
kind of pressures from the Federal judiciary
as have the other States.
17097
Records such as these in the cases decided
today are sure to be duplicated in most of
the other States if they have not already.
They present a jarring picture of courts
threatening to take action in an area which
they have no business entering, inevitably
on the basis of political judgments which
they are incompetent to make. They show
legislatures of the States meeting in haste
and deliberating and deciding in haste to
avoid the threat of judicial interference. So
far as I can tell, the court's only response
to this unseemly state of affairs is ponder-
ous insistence that "a denial of constitu-
tionally protected rights demands judicial
protection," ante, p. 530. By thus refusing
to recognize the bearing which a potential
for conflict of this kind may have on the
question whether the claimed rights are in
fact constitutionally entitled to judicial pro-
tection, the court assumes, rather than sup-
ports, its conclusion.
It should by now be obvious that these
cases do not mark the end of reapportion-
ment problems in the courts. Predictions
once made that the courts would never have
to face the problem of actually working out
an apportionment have proved false. This
court, however, continues to avoid the con-
sequences of its decisions, simply assuring us
that the lower courts "can and * ? * will
work out more concrete and specific stand-
ards," ante, p. 537. Deeming it "expedient"
not to spell out "precise constitutional tests,"
the court contents itself with stating "only
a few rather general considerations." Ibid.
Generalities cannot obscure the cold truth
that cases of this type are not amenable
to the development of judicial standards. No
set of standards can guide a court which
has to decide how many legislative districts
a State shall have, or what the shape of the
districts shall be, or where to draw a par-
ticular district line. No judicially manage-
able standard can determine whether a State
should have single-member districts or
multimember districts or some combination
of both. No such standard can control the
balance between keeping up with population
shifts and having stable districts. In all
these respects, the courts will be called upon
to make particular decisions with respect to
which a principle of equally populated dis-
tricts will be of no assistance whatsoever.
Quite obviously, there are limitless possibili-
ties for districting consistent with such a
principle. Nor can these problems be
avoided by judicial reliance on legislative
judgments so far as possible. Reshaping or
combining one or two districts, or modify-
ing just a few district lines, is no less a
matter of choosing among many possible
solutions, with varying political conse-
quences, than reapportionment broadside."
The court ignores all this, saying only that
"what is marginally permissible in one State
may be unsatisfactory in another, depending
on the particular circumstances of the case,"
ante, p. 537. It is well to remember that the
product of today's decisions will not be re-
adjustment of a few districts in a few States
which most glaringly depart from the prin-
ciple of equally populated districts. It will
be a redetermination, extensive in many
cases, of legislative districts in all but a few
States.
Although the court-necessarily, as I be-
lieve-provides only generalities in elabora-
tion of its main thesis, its opinion neverthe-
less fully demonstrates how far removed
these problems are from fields of judicial
competence. Recognizing that "indiscrimi-
nate districting" is an invitation to "partisan
gerrymandering," ante, p. 537, the court
nevertheless excludes virtually every basis
"It is not mere fancy to suppose that in
order to avoid problems of this sort, the
court may one day be tempted to hold that
all State legislators must be elected in state-
wide elections.
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17008 CONGRESSIONAL RECORD ?
for the formation of electoral districts other
than "indiscriminate districting." In one
or another of today's opinions, the court
declares It unconstitutional for a State to
give effective consideration to any of the
following in establishing legislative districts:
(1) History; 81
(2) "Economic or other sorts of group
interests"; 9?
(3) Area; BS
(4) Geographical considerations; 9?
(5) A desire "to insure effective represen-
tation for sparsely settled areas": 8T
(6) "Availability of access of citizens to
their representatives"; 88
(7) Theories of bicameralism (except those
approved by the court); 90
(8) Occupation; 9?
(9) "An attempt to balance urban and
rival power." 9'
(10) The preference of a majority of voters
in the State."
So far as presently appears, the only factor
which a State may consider, apart from
numbers, is political subdivisions. But even
"a clearly rational State policy" recognizing
this factor is unconstitutional if "population
is submerged as the controlling considera-
tion." 9,
I know of no principle of logic or practical
or theoretical politics, still less any constitu-
tional principle, which establishes all or any
of these exclusions. Certain it is that the
court's opinion does not establish them. So
far as the court says anything at all on this
score, it says only that "legislators represent
people, not trees or acres," ante, p. 527; that
"citizens, not history or economic interests,
cast votes," ante, p. 538; that "people, not
land or trees or pastures, vote," ibid." All
this may be conceded. But it is surely equal-
ly obvious, and, in the context of elections,
more meaningful to note that people are not
ciphers and that legislators can represent
their electors only by speaking for their
interests?economic, social, political?many
of which do reflect the place where the elec-
tors live. The Court does not establish, or
Indeed even attempt to make a case for the
proposition that conflicting interests with-
in a State can only be adjusted by disregard-
ing them when voters are grouped for pur-
poses of representation.
CONCLUSION
With these cases the court approaches the
end of the third round set in motion by the
complaint filed in Baker v. Carr. What is
done today deepens my conviction that judi-
cial entry into this realm is profoundly
ill-advised and constitutionally impermissi-
ble. As I have said before, Wesberry v.
Sanders, supra, 376 U.S. at 48, 11 L. Ed. 2d at
509, I believe that the vitality of our political
system, on which in the last analysis all else
depends, is weakened by reliance on the ju-
diciary for political reform; in time a com-
placent body politic may result.
These decisions also cut deeply into the
fabric of our federalism. What must follow
88 Ante, p. 637.
84 Ante, pp. 537, 538.
s? Ante, p. 538.
8? Ibid.
07 Ibid.
88 Ibid.
8? Ante, pp. 535, 536.
" Davis v. Mann, ? U.S. ?, 12 L. Ed, 2d
609, 617, 84 S. Ct.?.
'1 Id., at 618.
9' Lucas v. Forty-Fourth General Assembly,
? U.S. ?, 12 L. Ed. 2d 632, 647, 84 S. Ct.
9? Ante, p. 539.
"The court does note that, in view of
modern developments in transportation and
communication, it finds "unconvincing"
arguments based on a desire to insure repre-
sentation of sparsely settled areas or to avoid
districts so large that voters' access to their
representatives is impaired. Ante, p. 538.
from them may eventually appear to be the
product of State legislatures. Nevertheless,
no thinking person can fail to recognize that
the aftermath of these cases, however de-
sirable it may be thought in itself, will have
been achieved at the cost of a radical altera-
tion in the relationship between the States
and the Federal Government, more partic-
ularly the Federal judiciary. Only one who
has an overbearing impatience with the Fed-
eral system and its political processes will
believe that that cost was not too high or
was inevitable.
Finally, these decisions give support to a
current mistaken view of the Constitution
and the constitutional function of this court.
This view, in a nutshell, is that every major
social ill in this country can find its cure in
some constitutional principle, and that this
court should "take the lead" in promoting
reform when other branches of government
fail to act. The Constitution is not a pana-
cea for every blot upon the public welfare,
nor should this court, ordained as a judicial
body, be thought of as a general haven for
reform movements. The Constitution is an
instrument of government, fundamental to
which is the premise that in a diffusion of
governmental authority lies the greatest
promise that this Nation will realize liberty
for all its citizens. This court, limited in
function in accordance with that premise,
does not serve its high purpose when it ex-
ceeds its authority, even to satisfy justified
impatience with the slow workings of the
political process. For when, in the name of
constitutional interpretation, the court adds
something to the Constitution that was de-
liberately excluded from it, the court in
reality substitutes its view of what should be
so for the amending process.
I dissent in each of these cases, believing
that in none of them have the plaintiff's
stated a cause of action. To the extent that
Baker V. Carr, expressly or by implication,
went beyond a discussion of jurisdictional
doctrines independent of the substantive is-
sues involved here, it should be limited to
what it in fact was: an experiment in ven-
turesome constitutionalism. I would reverse
the judgments of the district court in Nos.
23, 27, and 41 (Alabama) , No. 69 (Virginia),
and No. 307 (Delaware) , and remand with
directions to dismiss the complaints I would
aillint the judgments of the district court in
No. 20 (New York), and No. 508 (Colorado) ,
and of the court of appeals of Maryland in
No. 29.
APPENDIX A
Statements made in the House of Repre-
sentatives during the debate on the resolu-
tion proposing the 14th amendment."
"As the nearest approach to justice which
we are likely to be able to make, I approve
of the second section that bases representa-
tion upon voters." 2463 (Mr. Garfield).
"Would it not be a most unprecedented
thing that when this [former slave] popula-
tion are not permitted where they reside to
enter in to the basis of representation in their
own State, we should receive it as an element
of representation here; that when they will
not count them in apportioning their own
legislative districts, we are to count them as
five-fifths (no longer as three-fifths for that
is out of the question) as soon as you make
a new apportionment?" 2464-2465 (Mr.
Thayer).
"The second section of the amendment
is ostensibly intended to remedy a supposed
inequality in the basis of representation.
The real object is to reduce the number of
southern representatives in Congress and in
the electoral college; and also to operate as
a standing inducement to Negro suffrage."
2467 (Mr. Boyer).
98 All page references are to Congressional
Globe, 39th Cong., 1st seas. (1866).
"Shall the pardoned rebels of the South
include in the basis of representation 4 mil-
lion people to whom they deny political
rights, and to no one of whom is allowed
a vote in the selection of a Representative?"
2468 (Mr. Kelley).
"I shall, Mr. Speaker, vote for this amend-
ment; not because I approve it. Could I
have controlled the report of the commit-
tee of 15, it would have proposed to give the
right of suffrage to every loyal man in the
country." 2469 (Mr. Kelley).
"But I will ask, why should not the rep-
resentation of the States be limited as the
States themselves limit suffrage? If the
Negroes of the South are not to be counted
as a political element in the government of
the South in the States, why should they be
counted as a political element in the govern-
ment of the country' in the Union." 2498
(Mr. Broomall) .
"It is now proposed to base representation
upon suffrage, upon the number of voters,
Instead of upon the aggregate population in
every State of the Union." 2502 (Mr.
Raymond).
"We admit equality of representation based
upon the exercise of the elective franchise by
the people. The proposition in the matter
of suffrage falls short of what I desire, but
so far as it goes it tends to the equalization
of the inequality at present existing; and
while I demand and shall continue to demand
the franchise for all loyal male citizens of
this country?and I cannot but admit the
possibility that ultimately those 11 States
may be restored to representative power with-
out the right of franchise being conferred
upon the colored people?I should feel myself
doubly humiliated and disgraced, and crimi-
nal even, if I hesitated to do what I can for
a proposition which equalizes representation.
2508 (Mr. Boutwell).
"Now, conceding to each State the right to
regulate the right of suffrage, they ought
not to have a representation for male citizens
not less than 21 years of age, whether white
or black, who are deprived of the exercise of
suffrage. This amendment will settle the
complication in regard to suffrage and repre-
sentation, leaving each State to regulate that
for itself, so that it will be for it to decide
whether or not it shall have a representation
for all its male citizens not less than 21 years
of age." 2510 (Mr. Miller).
"Manifestly no State should have its basis
of national representation enlarged by reason
of a portion of citizens within its borders to
which the elective franchise is denied. If
political power shall be lost because of such
denial, not imposed because of participation
in rebellion or other crime, it is to be hoped
that political interests may work in the line
of justice, and that the end will be the im-
partial enfranchisement of all citizens not
disqualified by crime. Whether that end
shall be attained or not, this will be se-
cured: that the measure of political power
of any State shall be determined by that por-
tion of its citizens which can speak and act
at the polls, and shall not be enlarged be-
cause of the residence within the State of
portions of its citizens denied the right of
franchise. So much for the second section
of the amendment. It is not all that I wish
and would demand; but odious inequalities
are removed by it and representation will be
equalized, and the political rights of all citi-
zens will under its operation be, as we be-
lieve, ultimately recognized and admitted."
2511 (Mr. Eliot).
"I have no doubt that the Government of
the United States has full power to extend
the elective franchise to the colored popula-
tion of the insurgent States. I mean au-
thority; I said power. I have no doubt that
the Government of the United States has
authority to do this under the Constitution;
but I do not think they have the power. The
distinction I make between authority and
power is this: we have, in the nature of our
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CO1SIGRESSIONAL 'RECORD SENAtE 17699
Government, the right to do it; but the pub-
lic opinion of the country is such at this
precise moment as to make it impossible we
should do it. It was therefore most wise on
the part of the committee on reconstruction
to waive this matter in deference to public
opinion. The situation of opinion in these
States compels us to look to other means to
protect the Government against the enemy."
2532 (Mr. Banks).
"If you deny to any portion of the loyal
citizens of your State the right to vote for
Representatives you shall not assume to
represent them, and, as you have done for so
long a time, misrepresent and oppress them.
This is a step in the right direction; and al-
though I should prefer to see incorporated
into the Constitution a guarantee of uni-
versal suffrage, as we cannot get the required
two-thirds for that I cordially support this
proposition as the next best." 2539-40 (Mr.
Rogers).
APPENDIX B
Statements made in the Senate during the
debate on the resolution proposing the 14th
amendment"
"The second section of the constitutional
amendment proposed by the committee can
be justified upon no other theory than that
the Negroes ought to vote; and Negro suf-
frage must be vindicated before the people
in sustaining that section, for it does not ex-
clude the nonvoting population of the North,
because it is admitted that there is no wrong
in excluding from suffrage aliens, females,
and minors. But we say, if the Negro is ex-
cluded from suffrage he shall also be excluded
from the basis of representation. Why this
inequality? Why this injustice? For in-
justice it would be unless there be some good
reason for this discrimination against the
South in excluding her nonvoting population
from the basis at representation. The only
defense that we can make to this apparent
injustice is that the South commits an out-
rage upon human rights when she denies
the ballot to the blacks, and we will not al-
low her to take advantage of her own wrong,
or profit by this outrage. Does any one sup-
pose it possible to avoid this plain issue be-
fore the people? For if they will sustain you
in reducing the reprebentation of the South
because she does not allow the Negro to vote,
they will do so because they think it is wrong
to disfranchise him." 2800 (Senator Stew-
art).
"It [the second section of the proposed
amendment] relieves him [the Negro] from
misrepresentation in Congress by denying
him any representation whatever." 2801
(Senator Stewart).
"But I will again venture the opinion that
it (the second section) means as if it read
thus: no State shall be allowed a representa-
tion on a colored population unless the right
of voting is given to the Negroes?presenting
to the States the alternative of loss of repre-
sentation or the enfranchisement of the
Negroes, and their political equality." 2939
(Senator Hendricks) .
"I should be much better satisfied if the
right of suffrage had been given at once to
the more intelligent of them [the Negroes]
and such as had served in our Army. But
It is believed by wiser ones than myself that
this amendment will very soon produce
some grant of suffrage to them, and that
the craving for political power will eye long
give them universal suffrage. * * * Believ-
ing that this amendment probably goes as
far in favor of suffrage to the Negro as is
practicable to accomplish now, and hoping
it may in the end accomplish all I desire
In this respect, I shall vote for its adoption,
" All page references are to Congressional
Globe, 39th Cong., 1st seas. (1866).
No. 148--3
although I should be glad to go further."
2963-2964 (Senator Poland).
"What is to be the operation of this
amendment? Just this: Your whip is held
over Pennsylanvia, and you say to her that
she must either allow her Negroes to vote
or have one Member of Congress less." 2987
(Senator Cowan).
"Now, sir, in all the States?certainly in
mine, and no doubt in all?there are local
as contradistinguished from State elections.
There are city elections, county elections,
and district or borough elections; and those
city and county and district elections are
held under some law of the State in which
the city or county or district or borough
may be; and in those elections, according to
the laws of the States, certain qualifications
are prescribed, residence within the limits of
the locality and a property qualification in
some. Now, is It proposed to say that if
every man in a State is not at liberty to
vote at a city or a county or a borough
election that is to affect the basis of repre-
sentation?" 2991 (Senator Johnson).
"Again, Mr. President, the measure upon
the table, like the first proposition submitted
to the Senate from the Committee of Fifteen,
concedes to the States ? * not only the
right, but the exclusive right, to regulate
the franchise. ? ? It says that each of the
Southern States, and, of course, each oth-
er State in the Union, has a right to regu-
late for itself the franchise, and that con-
sequently, as far as the Government of the
United States is concerned, if the black man
is not permitted the right to the franchise,
it will be a wrong (if a wrong) which the
Government of the United States will be
impotent to redress." 3027 (Senator John-
son).
"The amendment fixes representation upon
numbers, precisely as the Constitution now
does, but when a State denies or abridges
the elective franchise to any of its male
inhabitants who are citizens of the United
States and not less than 21 years of age, ex-
cept for participation in rebellion or other
crime, then such State will lose its repre-
sentation in Congress in the proportion
which the male citizens so excluded bears
to the whole number of male citizens not
less than 21 years of age in the State."
3033 (Senator Henderson).
TRIBUTE TO WILLIAM A. CREECH,
CHIEF COUNSEL OF THE SUBCOM-
MITTEE ON CONSTITUTIONAL
RIGHTS OF THE SENATE COMMIT-
TEL ON THE JUDICIARY
Mr. ERVIN. Mr. President, a major
share of the credit for whatever good the
Senate does is due to the faithful and
diligent members of the personal staffs of
Senators and the faithful and diligent
members of the staffs of the several Sen-
ate committees and their subcommittees,
I know of no person in any of these
categories who is doing a more magnif-
icent job than William A. Creech, chief
counsel of the Subcommittee on Consti-
tutional Rights of the Senate Committee
on the Judiciary. As chairman of this
subcommittee, I rejoice in the fact that
his magnificent service is becoming
known far beyond Capitol Hill. This is
evidenced by the appearance in the News
and Observer, of Raleigh, N.C., for June
7, 1964, of an article by Bernadette Hoyle,
entitled "Creech's Concern: The Indian's
Civil Rights."
I ask unanimous consent that this
article be printed at this point in the
body of the RECORD.
There being no objection, the article
was ordered to be printed in the RECORD,
as follows:
CREECH'S CONCERN: THE INDIAN'S CIVIL
RIGHTS
(By Bernadette Hoyle)
Snimirmtz.?At a time when great em-
phasis is being placed upon civil rights every-
where, William A. (Bill) Creech, a Smith-
field native, has been working with areas of
law concerning civil rights and civil liberties
long neglected by the Federal Government.
An attorney by profession. Bill, since 1961,
has been chief counsel and staff director of
the Senate Constitutional Rights Subcom-
mitee, of which Senator Sam ERVIN is chair-
man. In this post, Bill has participated
in an all-encompassing study of the consti-
tutional rights of such diversified groups as
the American Indian, military personnel, and
the mentally ill. These studies have touched
upon three areas of the law which have been
sorely neglected by the Congress. The work
undertaken is a study specifically of the
constitutional rights of these citizens.
In addition to these studies, the subcom-
mittee has been concerned with such sub-
jects as deprivation of citizenships, the con-
stitutional rights of civil servants, and a
variety of subjects emanating from a study
of the administration of criminal justice.
Bill, who combines a zest for living and
a love of travel, with interests ranging from
law to international affairs, has in recent
years devoted much time to the study of civil
rights and civil liberties of the American
Indian.
BEGINNING OP INTEREST
"Although it is sometimes hard to pin down
an exact moment, I can say without question
that attending 'The Lost Colony' and visit-
ing the Cherokee Indian Reservation as a
child precipitated an interest in the American
Indian and his place in our history and so-
ciety which I have maintained through the
years," he said. For the past 3 years he
has studied the tribal backgrounds, customs,
and problems of the Indian.
From his research he has concluded that
the Indian lives under the greatest degree
of complexity of law of any American citi-
zen. The degree of complexity depends on
whether he is reservated but is off the res-
ervation, or nonreservated (one whose tribal
group has never been reservated) .
Indians are the fastest growing ethnic
group in the country, which is all the more
reason for our trying to meet their press-
ing problems and helping them become ac-
culturated into the mainstream of American
life, he said.
A hundred years ago there were approxi-
mately, 9,000 Navajos. Today there are 10
times as many.
"There are many more Navajos living at
a substandard level of existence today than
there were a hundred years ago, yet they
have a reservation the size of the State of
West Virginia," he said.
"One of the more shocking things the sub-
committee has encountered has been the
great discrepancy in the justice the Indian
receives. This depends upon whether his
justice is meted out by a tribal or tradi-
tional court or a court established by the
Federal Government, such as the Courts of
Indian Offenses or a State court."
Creech conducted subcommittee hearings
and investigations on the Indian study in
Colorado in June 1962, and in California,
Nevada, Arizona, and New Mexico in 1961.
"One of the facts to come to light during
the hearings was that up until May of 1960,
the courts established and administered by
the Bureau of Indian Affairs not only would
not permit an Indian defendant in a crim-
inal case to be represented by legally trained
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17100 CONGRESSIONAL RECORD -- SENATE August 1
counsel," he said, but actually had regula-
tions precluding the defendant's having such
representation, notwithstanding the mandate
of the sixth amendment to the Constitu-
tion. This regulation of the Department
of Interior was held unconstitutional by a
district court in 1960, and was finally re-
scinded in May of 1961 by the Secretary of
Interior.'
An often overlooked fact in North Caro-
lina is that the State has the fourth larg-
est Indian population in the United States.
Within or adjacent to Cherokee Reservation
are 5,500 Indians, according to the 1962
census. The 1980 discennial census showed
a total Indian population for the State of
38,129. "We have thousands of nonreser-
vated Indians in eastern North Carolina, as
well as those at Cherokee," he said.
In April 1961 a regional meeting at Fem.-
broke State College was held in preparation
for the Chicago Conference of American In-
dians in June of that year. Creech partici-
pated in both meetings. He addressed the
National Congress of American Indians at
Lewiston. Idaho, in September of 1961 and
attended the Association on American In-
dian Affairs Convention in New York City
in March of 1962.
Creech was also participant in the annual
convention of the National Congress of
American Indians held at Cherokee in Sep-
tember of 1962.
STUDY COMPLETED
After 3 years of research, field investiga-
tion anti hearings, the subcommittee has
completed its investigation of the constitu-
tional rights of the American Indian. "This
study encompassed a review of laws and
regulations affecting Indian citizens; the act-
ministraelon of law for Indians by Federal,
State and tribal governments; and the pro-
tection cf rights under the tribal cceirts sys-
tem," Creech asserted.
Creecla has made a number of trips in
connection with the subcommittee's study
of the constitutional rights of military per-
sonnel. In July of 1962 he participated in
field investigations at various installations
in Germany, France, and the United King-
dom over a 3-week period. During that sum-
mer he eddressed the annual meeting of the
Naval Reserve Officers' Association in San
Francisco.
In the fall of 1962, Creech, at the invita-
tion of the Air Force, visited NATO bases and
inspected installations in England, Norway,
Germany, Italy, and France. In September
of 1963 he went to Berlin to attend a meet-
ing arranged by the Federal Bar Association.
While there he was a guest of the West Ger-,
man. Government and met with members of
the German bar and judiciary.
In 1963 he went to Chicago to attend the
American Bar Association's annual conven-
tion, where he had been invited to appear
before tae military law committee of the
association. He also addressed the annual
meeting of the Judge Advocates Association
at this time.
He is eonsidered an authority on the Near
East and from 1949 to 1951 was economic
assistant at the American Embassy in
Baghdad.. From 1952 to 1954 he was on loan
from the Department of State to the Depart-
ment of Commerce as international econ-
omist and area specialist on the Near East.
The following 2 years he served as eco-
nomic officer at the American Embassy in
London. He was a professional staff mem-
ber of the U.S. Committee on Small Busi-
ness for 3 years, later serving a year as
counsel or the committee.
He returned to Smithfield, where his
mother lives, to practice law with the firm
of Levinson and Levinson in 1959. A mem-
ber of the Johnston County Welfare Board,
he was North Carolina State chairman of
the Mardi of Dimes in 1960 and 1961. He
received the Smithfield Junior Chamber of
Commerce distinguished service award as
"'Man of the Year" for 1960. Long an ae-
t.ve member of Centenary Methodist Church,
he taught a Sunday school class. He was
also on the Tuscarora Boy Scout Council.
AID TO HUMPHREY
In 1961 he was assigned as an aid to the
deputy majority leader Senator HUIKERT H.
HUMPHREY, at the Senator's request, to travel
with him to the Near East.
"During the slightly less than 3 weeks we
were gone, Senator HUMPHREY conferred with
the chiefs of state of Ave countries within
an 8-day period," he said. "I was privileged
L e participate In discussions the Senator held
with the then Prime Minister Ben Gurion
of Israel, and this then Prime Minister Con-
stantine Caramanlis of Greece. While in Jor-
dan we met with King Bussein."
Collecting clippings has been one of Bill's
bobbies since he was in school and he en-
joys thumbing through them on subjects
ranging from the Italian-Ethiopian cam-
aign and the Spanish Civil War to the Sino-
Japanese War.
During his boyhood his father, the late
Charles A. Creech, took Bill to practically
every section of North Carolina. "He was
State superintendent of prison camps and
firms?there were over 90 of each?and I
u sed to go with him to visit them. We also
visited central prison 'n Raleigh frequent-
ly. Dad was interested in traveling and in
people?all kinds of people. He felt that
everyone had something to offer and that
each of us could learn a great deal from
others.
ENCOURAGED BY FATHER
"He was particularly interested in govern-
raent, in history and politics and he had a
broad social consciousness. He encouraged
ray interest in these ant so many other sub-
jects when I was a boy, Dad was interested
in prison reform, in improving conditions,
in work projects, in rehabilitative programs
designed to train these men to become useful
citizens. He even assisted one prisoner in
reading law. After the man was released
from prison, he passed the bar and was
admitted."
Bill himself has strong convictions that
one of the strengths cif this country is its
deep concern for its people and the peoples
Cf other nations.
"This is an American heritage?under-
standing and compassion for others," he
said, "and I think Americans who travel
to other countries feel this keenly."
Bill is a graduate of the University of
North Carolina with an A.B. in political
science; attended the University of Oslo,
Blindern, Norway; studied history and eco-
BOMICS at George Washington University;
received a certificate in English and Com-
parative Law, City of London Law School,
and has an LL.B. degree from Georgetown
University.
Last fall the American Bar Association
;Journal carried an article by him on service-
men's rights and 18 bills were introduced
as a result of the subcommittee's work in
this area. Although till lives in Washing-
ton, he maintains close ties with his home-
town, where he visits his mother frequently.
He is a member of the Johnston County
Historical Society, is interested in the Ben-
ionville Battleground Restoration and is
furnishing a room at the Harper House. He
was on the 1964 Governor's Symphony Ball
Conunittee. In Washington, he is on the
board of directors of the capital chapter of
the National Foundation.
He is in demand as a speaker on consti-
tutional law and his engagements have taken
him to law schools and a number of national
meetings in various States, including an ad-
dress to Peace Corps trainees at Indiana
University.
IDEALS, PROGRAM, AND REPSONSI-
BrLITY
Mr. McGOVE11N. Mr. President, on
June 23, the distinguished senior Senator
from Minnesota [Mr. HUMPHREY], ad-
dressed the Wemen's National Demo-
cratic Club, in Washington, D.C. It was
an extremely inspiring address. Sena ;or
HUMPHREY addressed his fellow Demo-
crats on the principles on which that
Party?or any party?should campaign.
Polities is not simply the use of power, he
said; rather, the best politics is the ex n*-
else of responsibility. He urged his pa 7ty
to take the high road of principle, of
idealism, and of vision. To win an elec-
tion is not the only task of a politiml
party; it must also hold itself to a higher
task of deserving to win an election. A
party asks for the privilege of governi
It has a public trust. Any party must
remind itself of this constantly.
This political address by Senator HUM-
PHREY achieved the high plane and ex-
emplified the quality of moral responsi-
bility in which politics can and should
be conducted. Senator HUMPHREY hopes,
as do I, that the coming national cam-
paign will have this quality. He has so
urged his party. I commend the op Tit
of his address to the members of all par-
ties; and I ask unanimous consent that
the address be printed at this point in
the RECORD.
There being no objection, the address
was ordered to be printed in the RECORD,
as follows:
LABORERS WORTHY OF THE HIRE
(Address of Senator Hussar H. HUMPHREY,
Democrat, of Minnesota, to Women's Na-
tional Democratic Club, June 23, 1064,
Washington, D.C.)
I wish to pay ray respects this evening to
the Women's Democratic Club for the great
role it has played in the big decisions of
American politics. The Democratic Marty
and the American people are in your debt
I do not come here to convince you of the
many virtues of the Democratic Pa ty.
Rather I am delighted to come to share an
advocacy. Democrats are essentially advo-
cates. Let those dwell in negation who are
not sure what they believe. I believe in ad-
vocacy, in the affirmation of a positive fa .th.
Here I find myself at home.
Of course there must be substance to our
enthusiasm. We must weigh causes care-
fully and look at the great issues with the
impartiality of a judge. But I have loo led
at the causes to which we have given devo-
tion. I have weighed the issues, and I have
come up with one conclusion: We have been
right--the Democratic Party is worthy of the
public trust.
I need not remind you either that till; is
an election year. And we must not under= -
estimate the importance of this election y em.
I believe that this coming campaign will be
harder fought then many of us now believe.
Therefore it is our duty now to take an in-
ventory, to find cut where we stand, to ask
what we have been doing and where we are
going. In short we must give a fair account
to the American people of our stewardship.
We owe that to the people and we owe it to
ourselves. To govern is a responsibility. It
does not permit the extravagance of emo-
tional or irrational behavior.
I know that a new sense of responsibility
came to me when I took the job as the ena-
jority whip in the U.S. Senate in January
1961. When I assumed that responsibility I
sacrificed a certain freedom of action. One
cannot take on the responsibility of leader-
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CONGRESSIONAL RECORD? SENATE 17101
ship without taking on some extra burdens of
responsibility. It takes more self-discipline.
And if you ask discipline from others, you
must have it yourself.
When the Democratic Party, through its
elected President--our late and beloved John
Fitzgerald Kennedy?took on the task of gov-
erning this Nation, It also assumed many
duties and many responsibilities. The Na-
tion was confronted with a host of serious
problems. But when John Kennedy, with a
humility that sensed fully the magnitude of
those problems, said simply, "I welcome
them," he made us all more adequate to our
duties.
I am not here to recount history. The
key to the success of the Democratic Party
Is to attack the problems of the present and
to look to the future. We feel no mandate
to dwell in the past, much less attempt the
impossible of returning to it. We would
use the inspiration of the past, its source of
reference, its residue of experience, to meet
the new duties of new occasions. From the
past we have learned the lessons of respon-
sibility.
Only the inexperienced in politics dream
of the luxury of being freewheelers. Only
the neophyte thinks he can?or even
should?be able to pick and choose as he
pleases, with an untrammeled independence
of action on all issues and occasions. In
conscience he may have liberty, but like-
wise in conscience he is denied license. The
Democratic Party has learned that.
This party has governed this Nation since
1933, with the exception of 8 years. And
in 6 of those 8 years, the Democratic Party
had a majority in the Congress. We have
learned that we have no right to be frivolous.
We have learned that we have no right to
look lightly on any subject or issue of the
day. We have learned in each year to ask
ourselves: "Have we kept the public trust?
Has the public consensus been found? Have
we protected not only the heritage of the
past, but the options of those unborn?"
A party in power for a long period of
time may drain itself of leadership, or be-
come complacent. Equally, a party long out
of power Is tempted to seek control for the
sake of control?to assault in desperation
what it has not earned in merit.
I can speak best for the Democratic Party.
That party has been responsible to its trust.
The Democratic Party has been able to re-
ceive new strength. It has drawn a fresh
vitality, year after year for more than 30
years.
President Lyndon Johnson has long been
a leader in the Democratic Party. One par-
ticular attribute of character?one great
hallmark of his leadership?began when
he was the majority leader of the Senate
during the 6 years of the Eisenhower ad-
ministration when the Democratic Party
controlled the Congress. Lyndon Johnson
taught us in those years, he preached to us,
lectured us?and sometimes cajoled us if
you like?on the theme of the Democratic
Party being responsible to the whole Na-
tion. He cautioned not to be loose on fiscal
policy. He reminded us that foreign pol-
icy was above partisanship. On any and
every domestic issue he counseled us on the
duty of a party entrusted with the respon-
sibilities of a majority.
Today the President of the United States
still exemplifies in word and deed the same
thought, the same philosophy, and doctrine
which he gave us then as the Senate ma-
jority leader. He insists that the Democratic
Party be a party of responsibility. And so
I emphasize tonight the theme of responsi-
bility?the theme of being laborers worthy
of the hire in the vineyard of democracy.
Perhaps anyone can preach. At least the
world is full of good advice. President John-
son has not been content with mere preach-
ment. From the heritage of the American
past, but projected to the future, he has
captured that vision which converts duty into
a drive. He has created a cause in which we
can step forward to enlist. He has recovered
the eternal wisdom that "without vision the
people perish." We have been given the
vision of "the great society." It is the
same vision of the Founding Fathers. But
it is the idiom of the 20th century, and chal-
lenges our greater powers to achieve it. The
American ideal has been made fresh again.
People need ideals, not just ideas. It takes
ideals to lift a man, a nation, a party?to re-
store a spirit and fortify a will. It takes an
ideal to lead.
I have said that President Johnson drew
his ideal of the great society from the spirit
of the American past, from the dream that
brought forth on this continent "a new na-
tion, conceived in liberty and dedicated to
the proposition that all men are created
equal." President Johnson has also drawn
his ideals from the great commitments of the
Democratic Party. Most recently, President
Kennedy described our goal as "the new
frontier." That was his way of putting the
challenge of new opportunities before this
land and people. Partly in jest, one may say
of another political party that instead of a
new frontier, it has been groping in vain for
a "lost horizon."
In a recent telecast, President Johnson,
gave a simple definition, without slogans,
of the "great society." Reporters asked
him: "Mr. President, Franklin Roosevelt had
the New Deal; Harry Truman had the Fair
Deal; John Kennedy had the New Frontier.
What will you call your administration?" In
the quiet, restrained and thoughtful manner
so characteristic of him, President Johnson
replied: "I suppose that what this admin-
istration seeks for the American people is a
better deal, a better life, a better world, a
set of better circumstances, not only for the
many, but for the few."
This is an enduring commitment of the
Democratic Party. As Franklin Roosevelt,
the early mentor of Lyndon Johnson stated
It, we do not seek to have government add
to those who already have too much. We
seek a government that makes it possible for
those with too little to have enough. There
is no need to enhance the privillge of a few.
There is need to give opportunity to all.
I am emphasizing responsibility, vision,
and the better life tonight because I want
Democrats to recognize in this year of 1964,
that our task is to maintain the high ground
of idealism. It is our duty to take the high-
road of principle. Our job is to speak up for
America at its best; for America as we want
it to be, and the world as it must become
if there is to be peace on earth. This is
the responsibility we must not fail. I do
not say we would lose the election if we
lowered our gaze. Elections can be won on
lower roads as well as higher. Politicians
can win election, but only statesmen deserve
to. I want the Democratic Party on the high
road. I want us to win because we are re-
sponsible to the trust we seek?the trust of
all Americans.
I say this because frankly I have the feel-
ing that we shall be opposed this year with
more desperation than usual. Our opposi-
tion will appeal to the passions of the peo-
ple, instead of to reason. There may even
be a tendency to pit group against group,
or section against section; to divide the
house of America instead of to unite it. I
hope it will not be so, but I believe it may
be so. In any case we must shun every
temptation to travel such a road. Any party
that takes that route will be unworthy of the
public trust, even though it wins the elec-
tion.
What this Senator seeks to do tonight then,
is to remind you of the high ground, to ask
you to stand this year even a little taller, to
draw even more deeply of a cleaner air, to
think even more in terms of political refine-
ment. I ask you to set your standards a
notch higher than usual, and don't be afraid
of such a stand.
You have asked me to speak also of civil
rights and the legislative record. I am
pleased to do so because I believe that the
record of the Democratic Party here gives
substance and texture to the theme I would
leave with you of meriting the public trust,
We have kept the faith.
Let me be brief on civil rights?you can
read the papers?and clarify the issue as I
have seen it.
I became involved in civil rights long be-
fore I ever came to Congress. My concerns
began in a small town in South Dakota.
They continued later in a city in Minnesota.
The husband of Jane Freeman?Orville
Freeman?was a young lawyer just graduated
from the University of Minnesota, and was
helping me, without pay, when I was mayor
of Minneapolis. Orville Freeman wrote the
first municipal fair employment practice
ordinance that was ever written in the
United States of America. We passed it. We
made it a fact of law.
Civil rights has nothing to do with getting
a Negro vote. The Democratic Party has
been getting Negro votes without civil-rights
legislation, I am not sure that being for
civil rights is a plus issue in getting votes.
Civil rights is an issue of morality. It is
an issue that goes to the heart of the whole
struggle in the world today. It is the issue
between the Communist and the freeman.
It Is the issue between those who believe
in colonialism and those who believe in
democracy. It is an issue of human dignity.
Civil rights transcends any and all political
parties. It goes to the core of democratic
thought and experience.
Speaking for the Democratic Party, we
have no choice as a party worthy of the
respect of the Nation except to come to grips
in our own community with the issue of
human dignity. You cannot treat people in
a society that is supposed to be united?
the United States of America?as if some
persons are inferior to others. You cannot
have a first-class citizenship for some and
second-class citizenship for others. You can-
not deny the morality of human dignity and
survive as a free people. And so the Demo-
cratic Party came to grips with the issue of
human rights and constitutional guarantees.
Tonight, in this Democratic club, I want
to praise my Republican associates who put
their country above party. Because of this,
our Nation, and we as elected representa-
tives of the people without regard to party,
were able to pass civil rights legislation
which was long overdue. The civil rights
legislation just passed, will do more for this
country at home and abroad in the days to
come than any single act of this century.
The civil rights issue illustrates that ideal-
ism is the best politics. The essence of
politics is not power. Politics deals with
power to be sure?but under the moral im-
perative to order it with justice. The essence
of politics is to ask the continuing question:
"What is right; what is just?"?and to find
the answers a conscience can live with. This
is the obligation of a free society.
In the main the Democratic Party has done
well with this obligation. No political party
can claim perfection. A political party, after
all, is made up of people. We are many
different people in America, with many dif-
ferent attitudes. America is a large country.
There are many different cultural patterns,
diverse social and economic interests, and
many variant visions of what is good. The
rich diversity of the American pluralism is
its greatest strength, but it sets a pace of
movement in terms of what we can do to-
gether.
I do not believe any section of this coun-
try can be condemned as being the only sec-
tion that practices discrimination. Nor do I
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17102 CONGRESSIONAL RECORD ? SENATE August 1
believe any section of this country has Et
monopoly on justice. In some places seg-
regation and discrimination have been sanc-
tioned by law. In others it has been enforced
by habit and custom. Neither is good, and
I shall be the first to admit that it will be
harder to erase the custom of prejudice than
it was to remove the inequity In the law.
We have succeeded in establishing a frame-
work in the law, within which we can put.
the burden where it belongs?on our hearts
and spirits?to work out the problems of
human relations. The wounds of the con-
troversy have been ended. The time of heal-
ing has anly begun.
It is a wonderful, wonderful feeling, how-
ever, to know that this country has finally
reaffirmed the faith it declared In 1776. We
have found again that doctrine of the in-
alienable rights granted to every man by
his Creator?the rights of life, liberty, and
the pursuit of happiness. As we have found
again our own inner heart, we are entitled
once again to a decent respect from the opin-
ions of mankind. It will serve us well in
the difficult days ahead.
As for the legislative record of the Demo-
cratic Party in recent years, It should give
a pardonable pride to any party. As a Demo-
crat I am proud of it.
Less than a year ago the newspapers were
giving the 88th Congress a bad time. The
88th, they said, was a "do-nothing Congress."
It was "paralyzed." It was in a "logjam."
Last September I was in New York and
speaking on the 88th Congress. I quoted
generously from the press. I quoted the
condemnations of Congress as "fumbling,
bumbling, dropping the ball, failing to come
to gripe with the issues of our time," et
cetera. Men I revealed that my quotations
were from a report in the New York Times
on the 63d Congress?not the 88th.
There never has been a time when there
has not been criticism of the elected repre-
sentatives of the American people in Con-
gress. I suppose this is to be expected and
somewhat desired. But, as I say when I am
out in Minnesota on the hustings: "No mat-
ter how warm the hen, it takes 21 days to
hatch an egg." No matter how diligent the
Congress, how able the leadership, or how in-
ept, it lakes a certain amount of time to
process legislation.
I ask my fellow Democrats and fellow citi-
zens this year, however, to remember the
87th and 88th Congresses. Those are the
Congress that you must base your appeal
to the voters on?and believe me, you can do
it with pleasure. The 87th Congress, 1st
and 2d sessions, was a remarkable Con-
grew. The 88th will go down in history with
many, many merit badges, and many, many
awards. Let me review the record:
First of all, don't forget, my fellow Amer-
icans, where you were on January 19, 1961.
You were not only in a Washington snow-
storm. You were in an America that was in
retreat. You were in a nation that was be-
ginning io lose its sense of dignity and power
and majEaty. You were in a nation where the
economy was faltering. The rate of unem-
ployment; was rising rapidly and the gold
reserve usa leaving the country. People tend
to forget things like this.
One day later, on January 20, 1961, a brave,
brilliant, vital, intelligent young man, elected
in a hard-fought campaign by a very close
margin, stood before the American people
and called them to action. It was no uncer-
tain trumpet he sounded. It was a clear
charge from the trumpet to go forth and get
the country moving again.
President Kennedy's challenge must still
be vivid in our memories. "Ask not what
your country can do for you" he said, "ask
what you can do for your country." Again
he reminded: "If a free society cannot help
the mane who are poor, it cannot save the
few who are rich." On what was to be a re-
curring theme of peace he noted "Let us
never negotiate out of lean But let us never
fear to negotiate." Uc was electrifying. He
gripped not only his fellow Americans?he
found the ears at mankind around the world.
Speaking of many problems, he said sim-
ply "Let us begin." And we did begin.
Your Congress and your Executive worked
together from the beginning. We did not
perform miracles, but we did begin the job
of governing. We started to rebuild our for-
eign policy. We began to strengthen our
national security. WE started on domestic
Issues of many kinds, not least being to im-
prove the economy.
It is no miracle or mystery why Mr. Khru-
.3hchey Is more respectful of the United
States of America today than he was, let us
say, 5 years ago. Today he confronts a na-
tion with superlative power. He knows that
:we have the will to use that power if neces-
sary, the self-confidence to restrain it when
Lt Is not needed, and the wisdom to know
the difference. He respects a firmness that
es not belligerent, and he does not mistake
:forbearance for weakness.
Mr. Khrushchev knows also that he con-
fronts a nation that is as strong economically
as it is politically and militarily. And it is
not any miracle that we have this strength
*because we planned to have it that way. We
started out with one program after the
other?housing, minimum wage, social seen-
:ate% agriculture, investment-tax credit. We
did begin.
The Democratic Party has always included
hibor, minority groups, and various under-
orivileged in the coneensus it has sought.
We shall continue to do so of course, as a
party of all the people. Yet I want you to
i?emember also that no political party in the
history of America has ever been more re-
sponsible and more ear fteat about the Ameri-
ean system of free enterprise, than has the
Democratic administration of Kennedy and
Johnson. We have legislated tax credits.
We have given accelerated depreciation al-
lowances. We have passed In this 88th Con-
gress the greatest and largest tax reduction
in the history of this Republic. The purpose
has been to free the productive powers of our
private economy to achieve its potential in
growth, and its power to service our people
In jobs as well 83 goods and services.
We can remember the 87th and 88th Con-
gresses for higher education. Not since the
time of Abraham Lincoln has there been
enacted a broader program for education.
We have not yet finished this task. but we
have made a great and significant start.
The Democratic 87th Congress gave Amer-
ica the Trade and Expoet Expansion Act. We
are prepared for worli trade competition.
We seek new markets. We are expanding our
commerce.
If the 88th will be known as the Education
Congress, it will also be known as the Health
Congress. This Congress launched for the
first time by the GovemMent, a frontal at-
tack upon mental health and the problems of
mental retardation.
For passing civil righes legislation the 88th
will be known as the Freedom Congress.
The 88th will also be the Congress of Eco-
nomic Opportunity for its programs of pub-
lic works, area redevelopment, tax credit, and
tax reduction, and the war on. poverty.
These are some of the milestones we can
take to the American people.
We have had our heartaches in the past 4
years and much to grieve about. But what
a. test it was of our whole system of Cere-
s rnment and of our people on that black Fri-
day of November 22, 1E63. I do not wish to
dwell on those emotio.as. Suffice it to say
that all of us, with millions around the
world, felt the pain of suffering and sorrow.
But America did not stop moving. And I
suppose that just as John F. Kennedy will
always be remembered for saying "Let us
begin.," the words of Lyndon Johnson in ad-
dress to Congress on the 27th of November
will also be immortal. They were: "Lee us
continue."
I want to say to Democrats here tonight
that this commitment to continuity is more
than a political commitment to a man. Ours
is a corcunitment to the American people.
Ours is a commitment to the platform we
laid out in 196e.. It is a commitmeni; to
continue the Kennedy-Johnson program de-
veloped in concert with the leaders of Con-
gress.
I believe that I have been a part of those
discussione. I have heard the President of
the United States speak to his legislative
lieutenants and to his Vice President. I have
heard, the Vico President of the United States
give his views to the President. I witnessed
the formation and development of the pro-
gram we call the Kennedy-Johnson admin-
istration program. I watched these two Men
develop it together and I saw what went
into it.
President Johnson then was no stranger to
the tasks it became his to administer. He
came into It as a working partner. When he
spoke of continuing, he spoke of that, to
which he had given of his own thought, work,
and energy. And so we did continue what
we had begun. We. passed the legislation
the President lalei before us.
Perhaps the best demonstration of it WAS
the passage by -the Senate of the United
States in a vote of 73 to 27, of the civil rights
bill, just 1 year to the day after President
Kennedy sent the legislation to the Congress.
That was "Let us continue."
We can go to the American people with
this record. I believe that the American peo-
ple will respond as the master of the house
responded to those servants who used their
talents well.
The Democratic Party has not buried' its
talents. It has invested them for the Wel-
fare and improvement of the people it serves,
and I believe the people will continue our
stewardship.
I want to emphasize tonight that just as
President Johnson has put vision into a
duty, he has asked humanity to statistics.
Our record tonight is not embalmed in eco-
nomic indicators, in bits of information that
the gross national product has soared isell
over 40300 billion, or the other charts that
say we are Indeed moving ahead.
President Johnson's eye has fallen on the
individual who cannot be pictured me a
graph. He has noticed the persons Who
have fallen through the cracks of the affluent
society, the impoverished elderly lost on the
back street, the nameless youth who can't
get a job, the man whose skill has been
made obsolete but he still has a family to
support. Lyndon Johnson has noted this
with the eye of compassion. He has xe-
minded Us that to do something about; it
Is part of our spiritual doctrine, and there-
fore must be part of our political doctrine.
In the midst teen of unprecedented pros-
perity the President has called attention to
unfinished business. He is unconcerned
about what the Communists may make of
it as propaganda abroad, or what any po-
litical critics may say at home. He has
identified a flaw in our social body and has
declared without qualification that "we are
going to declare war on poverty in America."
It is not only the poverty of the purse,
not only the poverty of Income, which must
be conquered. It is the poverty of the spirit,
the poverty of illtieracy, the poverty of sick-
ness, the poverty of hopelessness, the poverty
of frustration, and the poverty of bitterness
that must be vanquished. The President
has not asked foe a token battle. He has
demanded an all-out war. This is a new
challenge to the American conscience.
There is nothing new about poverty. The
Scriptures record that "the poor ye have
always with you." That was not noted as
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CONGRESSIONAL RECORD ? SENATE 17103
a counsel of complacency however, but rather
as an urgency to help them. What is new
about poverty today is that we can do some-
thing about it. Therefore we must. We
have the means to eliminate it. We are a
people graced and blessed with the tech-
nology, the science, the resources, the in-
telligence adequate to give opportunity for
all above the level of privation. We can do
no other than wage a war on poverty. We
have a moral responsibility.
I am delighted as a Democrat that I have
been privileged to enlist in this cause. We
can win it and we ought to make it a great
crusade. We ought never to rest one single
day as a party or as individuals until we
have made sure that everyone in America
has the opportunity to stand in economic
independence.
In the long run this means a major in-
vestment in education in America, for here
is the chief source of the new wealth in
America. The development of brainpotwer
plus character is the key to the great society.
We must see to it that everyone in America
has an opportunity for the best of education
to the limits of his ability. The most serious
deficit this Nation faces is in education. It
Is not the budget deficit that imperils us.
It is the intellectual deficit that is allowing
people to fall behind in the economic strug-
gle and which is putting brakes on our power
to create new wealth. We must invest money
to make money. We must pour much more
of our substance into education. This is not
waste. This is not even spending. This is
genuine investment?this is finding talent
and putting it to work to increase many
times over. This party of ours ought to
champion the cause of enlightenment and
have no fears of those who talk about it as
spending and waste.
And we can win the struggle to help our
elderly people. This society has been gener-
oUs with youth. It provides much for those
in the full bloom of life. Surely we can, and
surely we will provide for those in the twi-
light of life. Therefore, we can pass hospital
and nursing home care. We have an obliga-
tion and responsibilty here, too. Old age
should be lived in serenity and dignity. The
young who do not respect age, will come to
hate their own future.
Brooding over all our other concerns, of
course, in this latter half of the 20th cen-
tury, is the concern for peace. Since the close
of World War II the world seemed to be on a
slow but steady collision course with disaster.
The accelerated race for thermonuclear weap-
ons pinned us on a pervasive anxiety.' Yet
since 1961 there have been great movements
toward peace. The world is not yet safe, and
peace is not secure, but we have a new lease
on hope, and a new reason to believe that we
can take the first steps in a new direction
away from war.
We began to sense it in President Ken-
nedy's address at American University on
June 10, 1963. The point that "peace is a
process" was made simply, but eloquently
clear. The truth that "war is not inevitable"
was given a new conviction and determina-
tion. This address will surely be one of the
great state papers of all time. If Democrats,
Americans, Republicans will study it, we
shall be less impatient, we will be more un-
derstanding, and we shall have a new deter-
mination to heed the President's words when
he said "we must persevere" in the cause of
peace.
In these last 4 years we have had striking
evidence of that perseverence for peace from
at least four apostles of peace who gave their
lives for it.
Dag Hammarskold gave his life for peace in
a very real sense. He died in the Congo while
seeking the answers, relentlessly pursuing the
formula for peace in that part of the world.
Indeed, the quest for peace had come to dom-
inate his every concern as Secretary General
of the United Nations.
In these years, too, we lost that great lady,
Eleanor Roosevelt, and we realized that she,
too, had given her life for peace. She has
been in this club many times. She inspired
us so frequently. I never knew her to speak
unkindly of anyone. She died as she lived, in
lifelong dedication to the cause of peace.
We have just lived through a time also
when a peasant who was a parish priest,
rose to become the chief prince of his church,
and gave his life for peace. Pope John
XXIII will be remembered as will few in
our time, or any time. His great Easter
"gift" as he called it?"Ps.cem in Terris"?is
one of the most moving and magnificent
documents for peace and justice that has
been given to mankind. Again the overtones
of this message soared beyond its content.
He addressed "all men of good will." His
astounding faith that there were such, every-
where, penetrated both the disillusioned of
spirit and the hard of heart. He addressed
the natural reason of men, even behind the
Iron Curtain. Perhaps no one in our time
got closer to the heart of humanity than did
Pope John.
John Fitzgerald Kennedy gave his life for
peace?for peace at home and abroad. He
fell indeed the victim of a tormented mind.
Even more, he was the victim of a tormented
society, a society that has been infected with
hate, bitterness, and extremism. His was
indeed a sacrifice for peace at home. But a
world shared our grief because they believed
his cause encompassed theirs.
I could give other evidences of change in
the world, of movements in foreign policy
and in the actions of nations, which would
also suggest that this still untidy and restive
world is wrenching itself away from the path
of war. But what I say to my fellow Demo-
crate is this: That because we have had such
a close association with all of these great
personalities and with all of the policies and
programs I have mentioned, we cannot ap-
proach the campaign of 1964 as if it were
just another election. It is not, in any
sense. Every election in America is impor-
tant, but elections now in America are vital.
They determine not only the future of this
Republic. They had in balance the fate of
the world. Once again then I make the ap-
peal with which I began. I appeal to the
Democratic Party to take the high road
of principle and ideals; of wisdom and
courage.
The American people want to be better;
they want to believe; they want to be good;
they want to have faith; they want to have
ideals. Above all they want political leaders
and a political party that makes them under-
stand the importance of those ideals. There-
fore, whether we are a precinct worker, a
Congressman, a Senator, an officer in this
club, a member of the Democratic National
Committee, or just a plain citizen?whatever
we are?we have a responsibility in this
campaign. We must be worthy in our con-
duct, of the memory of John F. Kennedy.
We have an obligation to carry forward the
declaration of faith and the program of this
party of Lyndon Johnson. We have the obli-
gation to prove that we are worthy of the
faith and trust of the American people as a
party that is responsible, constructive,
progressive. and idealistic. In the words of
John Wesley's great hymn "We have a charge
to keep."
That is why I came to you tonight, to urge
you to be worthy of it. Thank you.
AMENDMENT OF FOREIGN ASSIST-
ANCE ACT OF 1961
Mr. MANSFIELD. Mr. President, I
ask unanimous consent that the unfin-
ished business be laid before the Senate.
There being no objection, the Senate
resumed the consideration of the bill
(HR. 11380) to amend further the For-
eign Assistance Act of 1961, as amended,
and for other purposes.
AMENDMENTS TO NATIONAL DE-
FENSE EDUCATION ACT AND
IMPACTED AREAS LEGISLATION
Mr. MANSFIELD. Mr. President, if
the distinguished chairman of the Com-
mittee on Foreign Relations will approve,
I should like to ask unanimous consent
temporarily to lay aside the pending busi-
ness.
Mr. President, I ask unanimous con-
sent that the Senate proceed to the con-
sideration of Calendar No. 1212, Senate
bill 3060, which I understand will take
little time.
The PRESIDING OFFICER.. The
bill will be stated by title.
The LEGISLATIVE CLERK. A bill (S. 3060)
to amend and extend the National De-
fense Education Act of 1958, and to ex-
tend Public Laws 815 and 874, 81st Con-
gress (federally affected areas).
The PRESIDING OFFICER. Is there
objection to the request of the Senator
from Montana?
There being no objection, the Senate
proceeded to consider the bill.
Mr. MORSE. Mr. President, I ask
unanimous consent that the professional
staff members of the Committee on La-
bor and Public Welfare be permitted the
privilege of the floor when Senators en-
gage in debate during the discussion of
the bill S. 3060.
The PRESIDING OrteiCER. Without
objection, it is so ordered.
Mr. MORSE. Mr. President, in open-
ing the Senate debate on S. 3060, a bill
to extend for 3 years, and to amend the
provisions ,of the various titles of the Na-
tional Defense Education Act of 1958, and
which also extends for 2 years the provi-
sions of the impacted areas legislation,
Public Laws 815 and 874, I wish to ex-
press to each of the members of my sub-
committee who sat with me and who
worked with me in our executive sessions
my deepest appreciation.
This bill bears upon it the mark of
our combined judgment in almost every
area. In particular, I wish to express to
the junior Senator from Vermont [Mr.
PROUTY] and to the senior Senator from
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17104 CONGRESSIONAL RECORD ? SENATE August .1
New York [Mr. Sams] my appreciation.
for their willingness without compromise.
of principle, to work diligently in ham-
mering out conscionable compromises of
language and intent. I wish to thank al-
so the junior Senator from Idaho [Mr.
JORDAN] ? who was most helpful.
To the very distinguished Senators on
my own side, the senior Senator from
Michigan [Mr. McNewteee], the senior
Senator from Texas [Mr. YARBOROUGH],
the senior Senator from Pennsylvania
[Mr. CLAW , the senior Senator from
West Virginia [Mr. RANDOLPH], and in
Particular to our beloved chairman, the
Senator from Alabama [Mr. HILL] the
author of the Hill-Elliott Act of 1958
which we now seek to continue, I can
only say, thank you from the bottom of
my heart for the help you have been to
me and to the boys and girls of America
who wit, be the beneficiaries of this leg-
islation.
Mr. President, before I present a brief
summary of the principal provisions of
the bill, there is one point I should like
to discuss. In our executive session, it
was indicated that there were members
of the committee who, although they were
not cosponsors of S. 580 upon its intro-
duction, nevertheless in view of the fact
that the bill then being reported was the
product of the combined thinking of
membere of the committee on both sides
of the wee, wished to have their names
appear cn the bill when it was reported.
We sought to find a way in which this
could be done. Unfortunately, since the
bill being reported was an original bill
from oorunittee, the advice we were giv-
en was tnat to do so at this stage would
be contrary to the precedents controlling
in the Senate.
I sought then yesterday when I filed
the bill, to indicate the sense of the
agreement reached in the committee by
requestir g unanimous consent that at
the next printing of the bill in the Sen-
ate the names of those Senators who
had expressed a desire to do so should be
added as cosponsors. This procedure,
too, it was found later, was contrary to
the precedents of the Senate.
I, therefore, Mr. President, wish to an-
nounce teat were it possible the follow-
ing Senators had expressed to the bill
clerk their desire to be associated with
this legislation:
Senators CLARK, COOPER, ?ULBRICHT,
HILL, HUMPHREY, JAVIT$, KENNEDY, Ku-
CHEL, MANSFIELD, MCNAMARA, METCALF,
PELL, PROUTY, RANDOLPH, WILLIAMS Of
New Jersey, and Yeasoeorrem. To each
of them again I express my deep ap-
preciatiort.
AMENDMENTS TO THE NATIONAL DEFENSE EDU-
CATION ACT
TITLES I AND II NATIONAL DEFENSE EDUCATION
ACT AMENDMENTS
These sitles of the National Defense
Education Act are the general provisions
title and the student loan title. The
committee made one change in the gen-
eral provisions which will permit some
35 accredited nonprofit private business
schools to come within the purview of
the student loan, program established un-
der title II of the act.
In title II the language has been
broadened to permit part-time students,
defined as students who are carrying at
least half the normal academic work-
load program, as determined by the in-
stitution, to obtain the benefits of the
student loan program. This necessitated
an increase in the funds authorization
for student loans. Currently, $135 mil-
lion is authorized for this purpose. If
the bill is enacted, as I hope it will be,
$145 million would be authorized for this
fiscal year; $165 million would be author-
ised for the fiscal year ending June 30,
1966; $180 million for fiscal year 1968;
and $195 million for fiscal year 1.969.
The committee learned that there were
seven large universities in the Nation
which are currently handicapped by the
$800,000 institutional loan ceiling in the
present law. I ask unanimous consent,
Mr. President, that a table which may
'be found in the committee report list-
ing the seven institutions and the
amounts of money they are requesting
fer the academic year 1964-65, be printed
:at this point in my remarks.
There being no objection, the table was
ordered to be printed in the RECORD, as
follows:
institutions requesting 4800,000 and over for
academic year 1964-61 (as adjusted) as of
May 20,1964
Approved request
C al if or nia : University ct Califor-
nia, Berkeley_ $942, 300
Indiana: Indiana University____ 1,561, 500
Kansas: University of Kansas__ 850, 500
Massachusetts: Harvard Univer-
sity 1, 194, 400
Michigan: Michigan State Uni-
versity of Agriculture and Ap-
plied Science_.. 848,220
220
Minnesota: University of Minne-
sota 1, 102, 600
Wisconsin: University of Wiscon-
sin 1, 067, 723
Total, 7 institutions______ 7, 567, 143
Mr. MORSE. Mr. President, by re-
moving the $800,000 loan limitation, the
committee has, while giving relief to
the larger institutions, also assured. it-
self through inquiry of the Office of
Education that no small institution nor
the students attending it would be
handicapped in any way by this change
in the statute. As chairman of the
subcommittee, I insisted upon obtaining
the findings of fact to justify this
change, otherwise I would not have been
in favor of lifting the ceiling.
The information we received was to
the effect that sufficient funds are au-
thorized to meet the reasonable requests
of all institutions large or small.
A further change in title II affects the
forgiveness feature of the present law.
Senators are aware that students who
have borrowed money who teach in
Public elementary or secondary schools
may have up to 50 percent of their
loan indebtedness cancelled. Last year
the Senate considered and passed
S. 569, a measure introduced by Senators
PROUTY Of YETMOnt and KEATING of New
York, which would have extended this
loan forgiveness principle to teachers in
the private nonprofit elementary eind
secondary schools and to all teachera in
Institutions of higher education.
Since as yet, the House of Repre-
senatives has taken no action on S. 569
but instead has included a similar pro-
vision in legislation which parallels the
measure we are now debating, it seemed
to the committee prudent to incorporate
in these amendments the loan forgive-
ness feature previously passed by the
Senate.
I would make note that the amend-
ments in S. 3060, unlike the House coUn-
terpart, preserve in section 204(4) of
the National Defense Education Act the
special consideration of that act for stu-
dents with a superior academic back-
ground who express a desire to teach in
our elementary and secondary schools.
It was felt that since the provisions of
titles III and VI of the act have been
broadened, it would be well that stu-
dents in such areas be given considera-
tion in connection with their financial
needs and therefore, the committee re-
placed the language ? previously in the
act giving special consideration to "stu-
dents whose academic background indi-
cates a superior capacity of preparation
in science, mathematics, engineering,
or a modern foreign language" with the
phrase "other students with a superior
academic background."
It had been related to the committee
that graduate students found the loan
limitations of the present act onerous.
Therefore, in this area the committee
has recommended that a graduate or
professional student be permitted to bor-
row up to $2,500 a year but that the ag-
gregate of the loan made to any one in-
dividual who is a graduate student may
not exceed $10,000.
It was felt that the superior debt re-
paying capacity of the graduate student
based upon his educational attainment
made such a charge feasible.
We must must not forget that many of
these young men and women are married
and have family responsibilities.
Senators will find in the committee re-
port a full description of the changes I
have noted and certain others which are
of a minor or technical nature, but I
would call particularly to their attention
the table in the report which gives the
estismated distribution of the loan funds
in each of the fiscal years and in order
that this may be readily available I ask
unanimous consent that the table in the
report headed "Estimated Distribution
of Legislative Authorizations" for title
II loan funds be printed at this point in
my remarks.
There being no objection, the table
was ordered to be printed in the REcoar,
as follows:
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1964 CONGRESSIONAL RECORD - SENATE
Estimated distribution of legislative authorizations, title 11, sec. 202(a), student loans
17105
Fiscal year
1965
Fiscal year
1966
Fiscal year
1967
Fiscal year
1968
Fiscal year
1965
Fiscal year
1966
Fiscal year
1967
Fiscal year
1968
Aggregate United
States
50 States and Dis-
trict of Columbia_
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia_
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
$145, 000, 000
$165, 000, 000
$180,000,000
-
$195, 000, 000
Nebraska__ - -
Nevada
New Hampshire
New Jersey
New Mexico.- -------
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota -
Tennessee
Texas
Utah '
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
District of Columbia
American Samoa_
Canal Zone
Guam
Puerto Rico
Virgin Islands
$1, 373, 608
196,821
586,493
? 2, 788, 718
739, 530
11, 671 520
8,644:547
698, 642
7, 083, 473
2, 341, 067
1,972,929
7, 604, 176
765, 186
1,456, 753
673,882
2, 846, 207
7, 941, 471
1, 638, 087
500,566
2, 403, 319
2, 899, 311
1,264, 619
3, 535, 700
301,358
1, 263, 252
$1, 563, 072
178,224
667 ass
3,173:369
841,534
13, 281, 386
147, 243
4,
795,006
8,060 503
2,883:973
2, 245,057
8, 653,028
870 728
1,657:034
766,335
3,238, 788
9,036, 846
1,864, 030
569,600
2, 734, 812
3, 299, 215
1, 439, 050
4, 023, 382
342,925
1,437,493
$1, 705, 169
194,428
728,060
3, 461, 857
918,037
14, 488, 784
4,524, 265
867, 279
8, 793, 276
2, 906, 152
2, 449, 153
9, 439,667
949,886
1,808, 383
836,543
3,533, 223
9, 858, 377
2, 033, 487
821,392
2, 983, 431
3, 599, 144
1,589, 87r
4, 389, 144
374,100
1, 568, 175
$1, 847, 266
210,629
788,732
5,750, 345
894, 640
15, 696, 183
4, 911, 287
939, 552
9, 526, OM
3, 148 331
2,668: 249
10,220, 306
1, 029, 043
1, 959, 082
906,255
3,827, 658
10, 679,008
2, 292, 944
673, 175
3, 232, 050
3, 899,071
1, 700, 695
4, 754, 906
405,275
1,698, 856
?
144, 002, 783
163, 866, 235
178, 762, 075
193, 668, 914
1, 993, 727
58,432
1, 474, 391
1, 290, 747
15,038, 526
2, 015, 798
1, 839, 228
283, 107
3, 293, 481
2, 401, 056
501, 433
569, 609
7, 176, 804
4, 154, 403
2, 765, 611
2, 361, 393
2, 049, 235
2, 636, 436
597, 246
2, 040, 605
5, 579,464
6,266, 174
3, 511, 695
1, 715,053
3, 584, 134
680,960
2, 288, 724
88,492
1,677,765
1, 468, 781
17, 112, 805
2, 293, 839
2, 092, 914
322,186
3, 747, 755
2, 732, 236
574,010
648, 176
8, 188,708
4,727, 425
8, 135, 696
2,687, 103
2, 331, 888
3,090, 082
679,824
2, 322, 068
6, 349, 046
7, 130,474
3, 996, 066
1,951, 612
4, 078, 497
752, 127
2, 474, 971
72,537
1, 830, 279
1, 602, 306
18, 868, 514
2, 502,870
2, 283, 179
351, 443
4, 088, 460
2, 980, 621
626, 193
707, 101
8,000, 136
5, 157, 191
3, 420, 769
2, 931, 385
2, 543, 878
3, 272, 817
741,468
2, 533, 165
6, 926, 232
7, 778, 699
4, 359, 345
2, 129,032
4, 449, 270
820, 602
2, 681, 219
78,681
1, 982, 802
1, 735, 832
20, 224, 226
2, 710, 901
2, 473, 444
380,730
4, 429, 164
3, 229, 006
678, 375
766.028
9, 651,584
5, 586, 956
3,705, 822
3, 175, 667
2, 755, 868
3, 545, 551
803, 192
2, 744, 262
7, 503, 418
8,426, 924
4, 722, 624
2, 306, 451
4, 820, 042
888,877
20,562
14,997
960,479
1,179
23,398
17, 066
1,092,959
1,342
25,525
58,617
1, 192, 319
1,464
27,653
20, 166
1,291,678
1,386
NO7E.-Distr1bution of all amounts estimated on the basis of full-time degree credit enrollment (excluding U.S service schools), fall 1963.
TITLE HI NDEA AMENDMENTS
Mr. MORSE. Title III of NDEA pro-
vides funds under which public schools
may receive matching grants for the pur-
chase of equipment used in science,
mathematics, and modern foreign lan-
guage instruction. The present law pro-
vides also that loans to our private
schools may be made for the purchase of
such equipment. Briefly, the committee
amendments would broaden the subject
matter areas to include the additional
subjects of history, civics, geography,
English, and remedial reading. The ad-
ditional areas, with the exception of
civics and remedial reading, are to be
found in the parallel legislation being
considered by the other body.
The critical subjects, as these additions
to the act are termed, were justified in
our view by a number of considerations,
many of which are spelled out in far
greater detail in the c6mmittee report,
but briefly it was felt that we could not
accomplish the objectives of the act in
utilizing the traditional disciplines of
mathematics, science, and modern for-
eign languages, unless the child or youth
had command of his mother tongue, and
an understanding of his government in
all its geographic variety and its great
history of political and economic free-
dom.
This led naturally to the inclusion of
English and remedial reading at all grade
levels. It was our view that a very broad
construction should be given to these
" terms since in many school districts the
subject matter is taught under different
course headings.
We have set forth carefully in the re-
port our belief that history includes the
contemporary as well as the past; that
English comprehends literature; and
that the term "civics" which relates most
generally to the structure, the organiza-
tion, and the functions of all levels,
State, Federal, and local government, can
be understood only in conjunction with
the impact on each of these government
levels of the contemporary scene at home
and abroad. We have, therefore, in title
III and again in the institute title indi-
cated our hope that the Commissioner of
Education in administering these titles
will feel that he can with propriety in-
clude, for example, equipment used in
current affairs classes and that teachers
may receive institute trainings in inter-
national affairs, to name but two.
Similarly, in the remedial reading cat-
egory, we would certainly hope that every
attention, both by regular and specially
trained teachers, be given to overcom-
ing the reading handicaps of our young
people whatever their cause.
In order to fund this portion of the act,
an authorization of appropriations of
$90 million is provided for fiscal year 1965
and the three succeeding years and the
corollary amount of $10 million for
matching grants to the State educa-
tional agency for supervisory and related
services and for the administration of
the State plan has been provided.
I ask unanimous consent, Mr. Presi-
dent, that the tables in the committee
report relating to title III be printed in
the RECORD at this point in my remarks.
There being no objection, the tables
were ordered to be printed in the REC-
ORD, as follows:
ESTIMATED DISTRIBUTION OF LEGISLATIVE AU-
THORIZATIONS
Title III, Sec. 302(a)-grants for the acqui-
sition of teaching equipment, fiscal years
1965-68 (each)
United States and outlying
parts $79, 200, 000
50 States and District of Co-
lumbia 77, 769, 460
Alabama
Alaska
Arizona
Arkansas
California
. 2, 089, 073
95, 345
825,045
1, 096, 763
4, 692, 896
Title III, See. 302(a)-grants for the acqui-
sition of teaching equipment, fiscal years
1965-68 (each)-Continued
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
$866,
707,
133,
2,256,
2, 513,
274,
430,
393
227
952
586
700
115
778
Illinois
2,886,
888
Indiana
2,028,
256
Iowa
1.861,
199
Kansas
1,025,
334
Kentucky
1, 852,
916
Louisiana
2, 141,
299
Maine
494,
084
Maryland
1,806,
554
Massachusetts
1, 528,
454
Michigan
3, 281,426
Minnesota
1, 730,
299
Mississippi
1, 482,
787
Missouri
1, 684,
094
Montana
353,
453
Nebraska
687,
541
Nevada
96,
991
New Hampshire
271,085
New Jersey
1, 681,
223
New Mexico
667,
596
New York
4,443,
154
North Carolina
2, 915,
620
North Dakota
397,
376
Ohio
3,755,
845
Oklahoma
1, 266,
671
Oregon
799,
514
Pennsylvania
4, 186,
466
Rhode Island
297,
661
South Carolina
1, 621,
303
South Dakota
441,
991
Tennessee
2, 159,466
Texas
5, 374,
317
Utah
616,
541
Vermont
203,
123
Virginia
2, 262,
271
Washington
1, 235,
333
West Virginia
1, 105,
846
Wisconsin _____________
1, 852,
429
Wyoming
168,221
District of Columbia
175,
957
American Samoa
50,
000
Canal Zone
50,
000
Guam
50,
000
Puerto Rico
1, 230,
540
Virgin Islands
50,
000
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17106 CONGRESSIONAL RECORD - SENATE August 1
Title III sec. 302 (b)-State supervision atd
administration, fiscal years 1965-68 (each)
United State* and outlying
parts
$10, 000, GOO
50 State a and District of Co-
lumbia
9,837, 337
Alabama
188,965
Alaska
50,000
Arizona
82, 976
Arkansas
99,201
California849,
066
Colorado
100, 4:34
Connecticut
727,91.5
Delaware
50, 000
Florida_
264, 111
Georgia_
227, 302
Hawaii_
50.000
Idaho
50,000
494, 570
Indiana
245,847
Iowa
144,386
Kansas..
113,784
Kentuck,
167,595
Louisiana
193, 079
Maine__.50,
525
M:arylane
170, 060
Massachilsetts
247, 901
Michigan
436, 240
Minnesota
186,490
Mississip; )1
134, 117
Missouri.
210, 521
Montana
50, 000
Nebraska
'73, 734
Nevada_
50,003
New Har mshire
50, 000
New Jars *?"
304, 177
New Mexico
80,383
New Yorl
803, 881
North Carolina
263, 716
North DI kota
50, 000
Ohio_
524,761
Oklahoma
124,461
Oregon_
04, 883
Pennsylasoula
557, 413
Rhode Island
50,000
South Carolina
146, 646
South Di- kota
50,003
Tennesse.-
195, 322
Texas_
550,229
Utah_
67,713
Vermont
50, 000
Virginia_
224, 487
Washington
157, 326
West Virsinia
100,323
Wiseman
212,269
Wyoming
50,000
District of Columbia
50, OW
American Samoa
10, 000
Canal Zone
10,000
Guam_
10,000
Puerto 11 co
122,873
Virgin Lel ands
10, 000
Title .11, sec. 305-Loans to nonpubrio
schools, fiscal year 1965-48 (each)
United 33tates and outlying
pax ts $10, $00,000
50 States and District of Co-
lumbia. 10,672, 056
Alabama.. 53.059
Alaska _______ ------- 3,727
III, sac. 305-loans to nonpublic
schools, fiscal year 1915-68 (each)-Con.
Arizona_
Arkansas..
California-
$58, 075
21,472
693,843
Colorado '16,660
donnecticut_ 194.312
Delaware ------ 33, 894
Florida 184,385
Georgia 46, 138
Hawaii_ 83,946
Idaho 15, 971
Illinois 929, 856
Indiana 227,141
Iowa 171,598
Kansas_ 91,211
Kentucky 155, 272
Louisiana 250,887
Maine 62, 641
Maryland 242,402
Massachusetts._ 461,379
Michigan 594,469
Minnesota 297, 944
33,716
issouri .. 294, 573
Montana ? 35, 733
Nebraska. 100, 261.
brevada '7,098
New Hampshire.. 61,931
New Jersey- 525, 262
New Mexico 48,-090
Se v. York 1,486, 173
North Carolina_ 34,426
North Dakota_ .__ _ _____
-Ohio
Oklahoma
Oregon
:Pennsylvania__
36, 378
674, 145
37,798
62, 109
1, 082, 466
Rhode Island_
98,518
South Carolina _ _ _
28, 038
South Dakota_ _ _ _ _ _
41, 347
Tennessee
55,011
Texas V
266,180
10 tah
10,825
Vermont
31.232
Virginia
98, 487
102, 213
West Virginia_
30,699
Wisconsin
454,281
Wyoming _
6,921
District of Columbia__
44, 363
--
American Samoa_ _______
2, 307
1,242
Guam 8,695
Puerto Rico_ _ _ _ 110, 199
Virgin Islands_ _____-_ _ 5,501
Mr. MORSE. As I have indicated
earlier, this title also provides for loans
for the expanded purposes to our non-
public schools. The distribution of the
loan funds is incorporated in the table
previously placed in the REcoae.
This title also contains minor amend-
ments which are perfecting changes to
simplify the operation of the program.
Mr. President, before leaving title III,
I 'wish to pay tribute to a Vermont doctor,
Dr. Frank J. Pealck, Director of the Cen-
ter for Disorders of Communication at
the Vermont Rehabilitation Center, who
in. correspondence with Senator PROUTY
directed our attention to the importance
of remedial reading. An excerpt from
his letter is printed in the committee
port and it influenced greatly our think-
ing in this area.
=LB IV NATIONAL DEFENSE MA/CATION ACT
AISENDIMMTS
The fellowship program conducted
under title IV of National Defense
Education Act has proven most suc-
cessful. In order that its benefits may
be made available to more of our tal-
ented young People, the committee has
recommended that the level of fellow-
ships awarded be raised to 5.1)00 in fis-
cal year 1965, 7,500 in fiscal year 1966,
and 10,000 in each of the two succeeding
fiscal years. In order to make sure that
the best available use is made of our re-
sources the committee, following the
pattern of the legislation which has re-
ceived House committee approval, has
recommended that only one-third of
these additional fellowships be made, to
the new Institutes of gr_aduate learning,
thus insuring that presently unutilised
capacity in our existing institutions,
which has been estimated as capable of
accommodating as many as 20,000 new
students can be put to work.
There are other minor amendments
to this title which are set forth mere
fully in the report. I would make men-
tion Only that it was the committee view
that for those individuals who returned
to graduate study after a teaching expe-
rience of 2 or more years, there should
be given consideration for fellowship
stipends of up to $4,800 Per year plus an
allowance for each dependent, since In
many cases such students have family
responsibilities.
TITLE V A15lINDNUINT:3
Briefly, under this title, the commit-
tee has extended the testing, guidance
and counseling provisions and the insil-
tute programs to the entire elementary
school population and to the public com-
munity and junior colleges. The cost
of this expansion will rise from the $11'.5
million figure of last year to $25 inillion
for fiscal year 1965 and by steps to the
$37.5 million estimated for fiscal yens*
1968.
I ask unanimous consent that a table
showing the State-by-State distribution
of these amounts for title V-A be printed
In the RECORD at this point in my re-
marks
There being no objection, the table was
ordered to be printed in the RECORD, 40
follows:
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1964 CONGRESSIONAL RECORD ---- SENATE
Estimated distribution of legislative authorizations, title V, pt A, sec. 501--Guidance counseling and testing
17107
Fiscal year
1965
Fiscal year
1966
Fiscal year
1967
Fiscal year
1968
Fiscal year
1965
Fiscal year
1966
Fiscal year
1967
Fiscal year
1968
United States and
Nevada
$50, 000
$50, 000
$56, 911
$65, 679
Outlying parts
$26, 000, 000
$25, 500, 000
$32, 500, 000
$37, 500, 000
New Hampshire
79, 578
81, 180
103, 537
119, 489
New Jersey
780, 499
796, 204
1, 015, 490
1, 171, 944
50 States and Die-
New Mexico
354,940
158,058
201,590
232,648
trict Of Columbia__
24, 600, 000
25, 092, 000
31, 980,000
36, 900, 000
New York_
2, 062, 709
2, 104, 216
2, 683, 747
3, 097, 223
,
North Carolina
676, 678
690, 295
. 880, 411
1, 016, 054
464, 847
g?.,.MM Oh/-1C1.01N,NO,MMMON.M.M
C.0,0Me,MNP.,01MOD.VD,P0500....C.00
.-1q,vMWOO C*r-tMCO,,,.C.W=0,41.W00.000.0.
NCIC4 M M. 1-INOMNODI-1
a
630,824
728,014
Alabama
North Dakota
92, 226
96,082
119, 994
138, 481
Alaska_
50, 000
50,000
50,644
Ohio
1,146, 505
1,373, 600
1,751, 909
2,021,820
Arizona
212, 911
277,014
119,693
Oklahoma
519,107
125,793
415, 621
479, 539
Arkansas
254, 545
331, 183
362,207
Oregon
243, 478
248,377
316, 784
365, 589
California
2, 178, 650
2, 834, 596
3, 271, 314
Pennsylvania
1,410, 299
1, 459, 081
1,860, 932
2, 147, 640
Colorado
257, 707
335, 297
366,955
Rhode Island_
105, 929
108,050
137, 821
159, 055
Connecticut
328,326
427, 178
492,962
South Carolina
370, 284
383, 855
489, 575
585,002
Delaware
62,187
80,010
93,376
South Dakota
102, 767
104,814
133, 707
154,307
Florida
677,732
881, 783
1,017, 636
Tennessee
501,184
511, 270
652,090
752, 544
Georgia
583,388
759,046
875, 990
Texas
1, 411,854
1,440, 265
1, 836, 933
2, 119,044
Hawaii
96, 969
126, 165
145,663
Utah
148,080
161, 069
192,676
222,361
Idaho
103,294
134, 393
155,099
Vermont
52, 174
53, 224
67, 882
78,241
Illinois
1, 269, 035
1, 651, 114
1, 905, 496
Virginia
576, 020
687, 611
749, 447
864, 912
Indiana
630,828
820,757
947,209
Washington
403,688
411,811
525,230
600,150
Iowa
370, 486
482,032
546, 297
West Virginia
236,651
261, 817
333, 926
385,372
Kansas
291,962
379,866
438,391
Wisconsin
544,926
555, 891
708, 992
818, 224
Kentucky
430,038
659, 514
645, 716
Wyoming
50,000
50,000
61, 711
71, 219
Louisiana
496,968
646, 595
748,214
District of Columbia
81, 686
83,330
106, 280
122,654
Maine
120,644
168,677
194,664
400, 000
408, 900
520, 000
690, 000
Maryland
436,362
567, 742
655, 212
Outlying parts
Massachusetts
636,098
827, 614
955, 122
20, 000
20,000
20, 000
20, 000
Michigan
1, 119, 365
1, 456, 382
1, 680, 762
American Samoa
Minnesota
478, 523
622,596
718, 518
Canal Zone
20.000
20,000
20000
20,000
Mississippi
344,136
447, 748
516, 731
Guam
20,000
20, 000
20,000
20,000
Missouri
540,183
702, 821
811, 102
Puerto Rico
320,000
328, 000
440, 000
520, 000
Montana
99,007
128,908
148, 768
Virgin Islands
20,000
20,000
20, 000
20,000
Nebraska
189, 196
246, 159
284, 084
NOTE.-Distribution of all amounts estimated on the basis of school-age (5 to 17) population as of July
and as of Apr. 1, 1960, for the other outlying parts.
TITLE VI OF THE NATIONAL DEFENSE EDUCATION
ACT AMENDMENTS
Mr. MORSE. Title VI of the National
Defense Education Act is, broadly speak-
ing, the language areas and institutes
section of the act. The committee has
proposed that the present title VI-A ap-
propriation ceiling of $8 million for the
present fiscal year be raised to $13 mil-
lion for fiscal year 1965, $14 million in
fiscal year 1966, and $16 million in fiscal
years 1967 and 1968, to provide addi-
tional badly needed support to strengthen
study of modern foreign languages and
area subjects.
In title VI-S,' the institutes program
has been expanded to reflect the changes
previously discussed in connection with
title III of the National Defense Educa-
tion Act.
In addition, however, the committee
felt that it would be wise to provide in-
stitutes for librarians and educational
media specialists so that the training
given in these fields would help all teach-
ers in carrying out their functions in
our elementary and secondary schools.
I wish to draw particular attention to the
committee's intention that "institutes in
all the subject matters covered in this
title should also be made available to
special education teachers such as those
engaged in or preparing to engage in the
teaching of gifted children or handi-
capped children."
OTHER TITLES OF NATIONAL DEFENSE EDUCATION
ACT AMENDMENTS
Titles VII and VIII reflect no changes
other than the 3-year extension which
pertains to all titles of the act. Title
IX is permanent now.
The committee made certain changes
in the language which were recom-
mended by the Office of Education to
Improve the statistical services program
now authorized under title X.
No. 148-4
1, 1962, for the 50 States, District of Columbia, and Puerto Rico,
I ask unanimous consent that at this
point in my remarks a table which ap-
pears in the report showing the estimated
distribution of the $3 million proposed
under title X be printed in the RECORD
at this point.
There being no objection, the table
was ordered to be printed in the RECORD,
as follows:
Estimated distribution of $3,000,000 proposed
under title X-State Statistical Services
United States and outlying areas 1 $3, 000,000
50 States and District
of Colum-
bia
2,
844, 478
Alabama
55, 810
Alaska
50, 404
Arizona
52, 551
Arkansas
53, 050
California
76, 10'7
Colorado
83,088
Connecticut
53, 934
Delaware
50,745
Florida
58, 121
Georgia
56, 998
Hawaii
51, 162
Idaho
51, 238
Illinois
65,207
Indiana
57, 559
Iowa
54,439
Kansas
53, 499
Kentucky
65, 153
Louisiana
55, 955
Maine
51, 554
Maryland
55,229
Massachusetts
57, 622
Michigan
63, 413
Minnesota
55, 734
Mississippi
54, 124
Missouri
56,473
Montana
51,187
Nebraska
52, 267
Nevada
50, 524
New Hampshire
50, 954
New Jersey
59, 353
New Mexico
51, 857
New York
-7-
74, 717
North Carolina
58, 109
North Dakota
51, 105
Estimated distribution of $3,000,000 proposed
under title X-State Statistical Services-
Continued
Ohio
$66, 135
Oklahoma
53, 827
Oregon
52,918
Pennsylvania
67, 139
Rhode Island
51,269
South Carolina
54, 509
South Dakota
51,231
Tennessee
56, 006
Texas
66, 918
Utah
51,775
Vermont
50, 625
Virginia
56, 902
Washington
54,837
West Virginia
--d.
53,075
Wisconsin
56, 530
Wyoming
50, 568
District of Columbia__
50, 979
American Samoa
25, 049
Canal Zone--
25, 076
Guam
25,119
Puerto Rico
55, 216
Virgin Islands
25, 062
'Distributed on the basis of a basic allot-
ment of $50,000 to each State, District of
Columbia, and Puerto Rico, and $25,000 to
American Samoa, Canal Zone, Guam, and the
Virgin Islands, plus a distribution on the
basis of the school-age (5 to 17) population.
TITLE It OF 9.3060
Mr. MORSE. Mr. President, it is my
belief that most Senators have an excel-
lent understanding of and appreciation
for the provisions of the impacted areas
legislation, Public Laws 815 and 874.
These acts of 1950 have been before us
many times in the interim.
The report carries a full discussion of
them. I would point out only that many
of us are aware that there have been alle-
gations of abuses in the acts. In order to
assure ourselves that such abuses will be
identified and so that, if they are based
upon the language of the act, they can be
eradicated at an early date in the next
session by appropriate legislation, the
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1710S CONGRESSIONAL RECORD - SENATE August 1
commii tee has reqUired 'the Con:tints-
sioner to undertake a study; it has au-?
thorizel funds for a study and It has laid
upon ti Le Commissioner of Education the
duty tc report to the Congress by June
30, 1961, the findings and recommenda-
tions which will strengthen and improve
the acts.
Other than this change and other than
the reaffirming of the traditional desire
of the 3enate to include within the pur-
view of these acts the District of Colum-
bia, tie committee has recommended
only that eaeh statute be extended for a
2-year period.
Mr. !)resident, I ask unanimous con-
sent a at at this point in my remarks.,
there te printed a summary of entitle-
ments and number of eligible applicants
by Stats and congressional district under
both Public Law 874 and Public Law 815,
as amended, for fiscal year 1963, and that
this be followe d by the table in the report
which ,;ummarizes the new obligational
authority and anticipated expenditures
under the bill.
Then* being no objection, the tables
were or iered to be printed in the RECORD,
as follows:
Summa* y of entitlements and number of
eligible applicants, by State and congres-
sional district, under Public Law 874, as
amen( fiscal year 1963
State
Congres-
sional
district
Number
eligible
appli-
cants
Amount
Alabama_
52
$5, 642, 144
Alaska
25
8, 347, 071
Arizona _
3
110
6, 407. 713
A rkansas_
4
87
1, 633, 370
California.
32
531
44, 440, 666
Colorado------
4
57
7, 302, 307
Cotmectic*tt
6
61
2, 557, 823
Delaware_
I
9
274, 423
Florida __
10
17
7, 062, 796
Georgia
10
71
6, 186, 693
____
2
1
5, 218, 011
_ _ _
2
47
1, 843, 861
Illinois_
14
122
4, 896, 916
Indiana_
9
94
1, 368, F26
Iowa
6
29
991,816
5
168
6, 265, 025
Kentucky
0
62
1, 437, 653
Louisiana
4
9
1, 273, 961
Maine
2
73
2, 241, 440
Maryland
5
14
10, 811, 517
Nlasselchte
11
174
7, 470, 396
Michigan_
8
61
1, 945. 392
Minnesota.
7
28
607,111
Mississipp
5
21
1, 429, 470
Missouri _.
7
112
3,061,187
Montana_
2
82
2, 380, 029
Nebraska_
3
40
2, 958, 62'1
Nevada _
1
12
I, 595, 117
New Ham 'shire
2
40
1, 415, 718
New Terse;
8
170
6. 714. 260
New IVIexi
2
43
5, 767, 581
New York
17
191
5, 849 355
North Car dins
5
27
2, 984, 034
North Pat ota
2
56
1, 408, 835
Ohio
18
137
6. 370, 954
Oklahoma
6
356
7, 916, 904
Oregon.
4
72
1, 167, 127
Penn sylva its
16
147
5, 804, 568
Rhode Island
2
22
2, 122, 158
South Can lina
5
35
4, 040, 225
South 1 /ak 3ta
2
72
2,658, 766
Tennessee.
6
50
2, 870, 394
Texas.....
19
237
14, 442, 599
Utah
2
15
2, 799, 046
Vermont
1
11
60,725
Virginia
10
45
16,418, 306
Washingto
7
201
8, 897, 424
West Virglala._
2
6
165,093
Wisconsin
7
26
747, 785
Wyoming_
1
21
871,416
Guam__
1
854,904
Virgin isia; tds
1
104,900
Tota
323
4,116
260, 090, 913
Entitlements and number of eligible appli- Entitlements and number of eligible appli-
cants, by cangresitional district, Public Law cants, by congreSSiOnal district, Public Law
874, as amended, fiscal year 1963 874, as amended, fiscal. year 1963-Con.
STATE OF ALABAMA
Congressional district
Num her
of eligible
applicants
Entitlement
Al. large (8)
52
$5, 642, 144
STATE OF ALABICA
At large (1).
25
$3, 347, 671
STATE OW ARIZONA
21
$820, 499
:1
45
2, 620,052
3
49
1, 967, 162
Total (3)
115
5, 407, 713
STATE or AREANSAS
1
2
$215,921
1'
29
921,907
11
24
226,289
12
269,193
Total (4)
67
1, 633, 370
STATE Or CALIFORNIA
1
43
$1, 789, 150
60
700,568
14
3, 502, 868
34
3, 056, 242
!
1, 078,515
1
1, 169, 948
E
7
1, 284, 397
I
21
1, 196, 204
10
18
942, 581
11
13
596, 116
12
27
2, 206, 470
13
38
3, 684, 736
14
19
1, 116, 895
15
10
445,198
18.
12
656,066
17
5
324,825
18
17
1,899, 040
19
6
222,883
9 i
17,622
13
5
351,473
14
204,650
15
112, 584
17
1:1l
1, 044, 498
18_
7
260,641
31
4
69,486
32_
1
1, 314, 730
53
40
3, 197, 961
at.,
17
1, 162, 758
15.
49
2, 981, 300
36,
37
8
4, 675, 863
1, 850, 581
33
23
1, 193, 128
Total (32)
531
44. 4* 666
STATE OF CPMADRA DO
1_
$1, 390, 058
2
2, 076, 911
3
23
3, 422, 504
il
16
412,834
Total (4)
57
7, 302, 307
STATE OF CONNECTICUT
J.t large (l)
1
2
3
4
5
Total (6)
9
35
2
8
2
$233,219
1, 940, 690
138,537
217,530
27,847
51
2,867,823
STAIR Or BEZAWARE
At large (1)
$274,420
STATE OP WLORIDA
Congressional district
Number
of 'eligible
applicants
Entitlement
1
2
4
5
7
8
9
10
11
12
s
1
1
2
1
2
I
1
2
1
$2, 025, 310
1, 261,941
451,007
257.949
18,408
172,498
709
301,457
2, 350, 823
219, 690
Total (10)
17
7, On, 796
STATE OP GEORGIA
1
2
3
7
6
17
$505, 801
615,963
1, 911, 767
4
3
151,590
5
3
328.337
6
12
731,444
7
8
890,157
8
5
242,391
9
.5
76,569
10
5
724,684
3'otal (10)
11
6, 186, 693
STATE OP HAWAII
At large (2)
1 I
$5, 218, 011
STATIC OF IDAHO
1
2
Total (2)
23
24
$374,840
1, 460, 021
47
1, 843, 861
STATE 07 ILLTNOIS
4
3
$42,701
6.
1
46, 832
12
.
25
1, 681, 800
13
2
155, 137
14
13
273,350
1
6
31, 727
16
9
79, 186
11
133, 571
I.
1
6,237
6
308,013
21
13
117, 621
22
8
99, 170
23
2
32,871
24
22
1, 009, 996
Total (14)
122
4.898 916
STATIC Ow INDIANA
2
1
$18, 186
3.. ...............
1
6,622
12
437, 205
6_
8
74, 968
7
27
276, 833
8_
9
13
26
139,579
160,396
10
3
13, 256
11
3
540,771
Total (9)
144
1, 363, 826
STA TE OF IOWA
1
14
$561, 946
2_
1
4
7
1438', 754214
5
111,873
6_
1
117,275
7
2
43,760
Total (6)
29
991,815
Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9
Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9
1964 CONGRESSIONAL RECORD - SENATE 17109
Entitlements and number of eligible applf-
cants, by congressional district, Public Law
874, as amended, fiscal year 1963-Con.
STATE OF KANSAS
Entitlements and number of eligible
cants, by congressional district,
874, as amended, fiscal year 1963
STATE OF saissIsszpri
appli-
Public Law
-Con,
Entitlements and number of eligible appli-
cants, by congressional district, Public Law
874, as amended, fiscal year 1963-Con.
STATE OF NORTH CAROLINA
Congressional district
Number
of eligible
applicants
Entitlement
Congressional district
Number
of eligible
applicants
Entitlement
Congressional district
Number
of eligible
applicants
Entitlement
1
2
4
5
Total (5)
25
40
22
43
as
$646, 856
2, 646, 611
457,826
2, 168,522
340, 210
1
2
3
4
5
Total (5)
4
1
1
2
13
$229,213
53,952
70.509
88.701
977,095
1
3
7
8
11
Total (5)
a
11
7
1
2
$147,804
1, 704, 395
1,061, 570
13,308
56,957
168
6,266, 025
21
1, 429, 470
27
2,984, 034
STATE OF K.ENTUCKY
STATE OF MISSOURI
STATE OF NORTH DAKOTA
1
2
3
4
5
Total (OL__-..
17
8
a
7
145,585
278,261
$309,53113
303,839
87,268
333, 169
1
2
4
6
7
8
9
Total (7)
42
8
20
27
7
$50, 707
315, 904
1, 572, 183
62, 321
119, 845
840, 455
110, 172
1
2
Total (2)
16
40
$588, 276
870, 559
56
1, 408, 835
STATE OP OHIO
52
1, 437, 653
112
3, 061, 587
STATE OF LOUISIANA
At large (1)
1
2
3
4
5
6
7
8
10
11
12
13
14..
15
17
19
23
Total (18)
1
6
13
a
7
22
28
2
18
8
13
a
1
1
11
2
5
$2, 476
110,306
1,693,067
27,720
138,656
343,668
1, 220, 722
18,517
186,034
67,872
2, 172, 215
23,206
13,812
6,191
194, 601
13,000
183,885
STATE OF MONTANA
4
6
7
8
Total (4)
2
1
3
3
$595,953
26,852
202,064
448, 992
1
2
Total (2)
32
50
$298, 696
2, 081, 833
82
2, 380, 529
9
1,273,861
STATE OF NEBRASKA
STATE OF MAINE
1
2
3
Total (3)
13
8
19
$924,009
1, 704, 002
330,610
1
2
Total (2)
38
35
$904,915
1,336, 525
73
2, 241, 440
40
2, 968, 621
STATE OF MARYLAND
STATE OF NEVADA.
137
6, 370, 954
At large (1)
1
2
5
Total (5)
2
2
6
4
$266,109
1, 286, 093
5,423,188
3,836,127
At large (1) 12
$1,696,117
STATE or OKLAHOMA
STATE OF NEW HAMPSHIRE
1
2
3
4
5
6
Total (6)
23
96
46
74
37
so
$734,779
713,062
274, 141
548, 718
3, 177, 794
2, 468, 500
1
2
Total (2)
32
$1,300, 065
116,653
14
10, 811, 517
STATE OF MASSACHUSETTS
40
1, 415, 718
366
7,916,994
1
2
8
4
S
6
7
8
10
11
12
Total (11)
21
9
25
11
19
24
10
3
6
11
35
$698, 563
I, 390, 534
912,900
303,896
966, 194
352,763
679, 652
207,318
105,639
018,403
1, 334, 534
STATE OF NEW JERSEY
STATE OF OREGON
1
2
3
4
5
7
13
15
Total (8)
39
18
47
32
20
10
1
a
$576,384
820,026
2, 682, 772
2, 842, 680
516, 126
124,677
102,515
139,081
1
2
3
4_
Total (4)
16
31
2
23
$222, 099
535, 643
33,088
376, 097
72
1,167,127
174
7, 470, 896 7
170
6,714,260
STATE OF PENNSYLVANIA
STATE OF MICHIGAN
STATE OP NEW MEXICO
1, 2, 3, 4, and 5
8
9
10
12.
13
15
16
17
18
19
23
24
27
Total (15)
1
3
15
22
3
22
4
7
35
1
1
29
1
1
2
$2, 431, 077
27, 741
517,885
520, 194
24,465
446,734
174,305
49,526
818, 998
12, 796
29,975
721,714
303
I, 464
27,891
At large (1)
2
8
7
9
10
11
12
16
Total (9)
1
5
15
8
3
16
12
2
$10, 182
192,769
404,471
67,280
353,696
426,904
466,733
34,360
At large (2)
431
$5, 767,661
STATE OF NEW YORK
1
2
3
4
5
26
27
28
29
so
31
32
33
34
35
Bs
40
44
17
3
4
a
2
12
6
29
27
6
20
8
10
5
$1, 159, 370
514,579
108,197
405,109
31,696
14, 740
539,902
115, 009
777,201
987,433
119, 521
1, 263, 113
198,490
166, 057
242,774
61,115
158,089
61
1, 945, 392
STATE OF MINNESOTA
1
2
3
4
6
7
8
Total (7)
1
1
4
1
2
12
7
$3,666
7,977
129,302
32,353
24,488
264, 196
165,041
147
, 5, 804, 668
STATE OF RHODE ISLAND
1
2
13
9
$1, 503, 468
618,700
28
607, 011
Total (17)
191
6, 849, 365
Total (2)
22
2, 122, 158
Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9
Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9
17110 CONGRESSIONAL RECORD - SENATE August 4
Entitlements and number of eligible ay/Xi- Entitlements and numbe, of eligible appli- Federal funds obtigated for construction of
cants, by congressional district, Public Law cants, by congressional district, Public Law school facilities under Public Law 815 by
874, as amended, fiscal year 1963--Con. 874, as amended, fiscal year 1963--Con. congressional dist^ict, by State, fiscal year
1963-Continued
CAT E OF SOUTH CAROLINA STATE OF wasmencron
Congressional
district
Total
Number ofamlurindst of
t,o
pro)ecta Federal
reseriv334e814d,,,
congress! ,nal district
Number
of
applicants
Entitlement.
Congressional district
!lumber
of eligibla
111/Plicant s
Entitlement
2
3
4
Total (3)
15
15
3
1
1
35
$2,117, 255
1, .528,638
58,210
174, 621
1(1,&
----
1__..
2_-
3
Total (7)
5
76
50
36
12
$874809: 40922
1,077,307
1,1113: Ig,
3,298,888
575 495
c ALITOssuA
sd
94tthh
12th______ __________ ____ _____
131,11
1165tthh
. --------------------2
21 S7tthh
3:Id
335Jittilli
Total (13)
COLORADO
3d
4th
Total (3)
1 x)NNECTICIIT
(ticl. large (1)
Total (2)
FLORIDA
.:d
nth
Total (2)
GEORGIA
:IdIO9,29
TGARG
I st . . _
2d
Total (2)
ILLINOis
24th
INDIANA
503
IOWA
R A NsAs
1st
2d
5th
Total (3)
KENTUCKY
91,1i
LODINA NA
6th
MAINZ
1st
KARMA ND
At largo (1)
2,1
5th
Oth
Total (4)
trA8saMinsirr7s
5th
12th
Total (2)
1
1
n1
o
1
4
1$29, (9346,4,1" 7571!
2, 094: :7);
276, 977
59, 055
273, 125
:05
152,875
425, 166
4,040, 225
201
a 807, 424
maw OF SOUTH DAKOTA
STATE OF WESI VIRGINIA
Total 2)
17
55
72
$255, ?105
2, 402, 683
3
'Total (2)_ ,
-
5
$144, 981
,1O5
2, 658, 788
37
I , 840,104
6
165, 086
STATE OF TENNESSEE
9.39,
1, 381,1111
129, 276
2
3
4
7
8
9
Total (8)
6
12
6
10
5
7
3
1
60
$208, I5
1, on, 757
78, 558
MO, 4.51
310, 133
69, 685
LOu,665
390, 813
STATE OF WISCON s 1:N
1
2
2
c. _
10
Total (7)
1
7
4
1
4
1
$4, 281
338,432
158, $83
20. 345
112,, 156
136, 174
7I
2, 450, 895
358,760OM
2, 870, 361
2
358, 760
26
747, 785
STATE or TEXAS
1
1
140,980
344,125
j 485, 105
STATE OF IS TOSSING
At large (1)
2
5
6_
11
12
13
14
15_
IC
17 _
2(1.
ots 1 (19)
30
2
15
11
6
au
17
15
18
12
11
17
8
15
13
$139(), 809
23, 1.116
240, 5:11
11,564
61. 8?4)
156, 414
1, 718, 532
I, 727, 732
349,118
794, MO
230, 918
2,086, 532
801, 479
593, 410
353, 217
4, 247, 801
452, 822
2
At targe (1)
21 I
8871, 418

VTIGIN ISLANDS
1
4
5
37,500
1345, 008

582, 506
2104 , 903
Gua.:
3
8090 067
3121 745
$354,994
1
recierca funds Obligated for construction of
school facilities undar Public Law 815 by
congressional di.strict, by State, fiscal year
1963
1
24, 665,
46, 980
144,882
21,520
arr
14, 442, ( 99
1
2
2
STATE OF UTAH
Congressional district
Nuoil er .9f
prideots
Total
amount of
Federal
funds
reserved
Tot: a (2)
11
4
15
$1, 272, :198
1, 526, 1"58
&
211, 382
_ ,?.
1
1
1
_
1
31.. 000
31.,39O
25.000
2, 793, 04(,
ALABAN
At large (8)
ALASKA
At large (1)
ARHON A
1st
2d
yd
Total (3)_, .
AlarArtsAS
1st
2d
24.
Total (3)
6
4
$758,131
1,419,988
STATE OF VERMONT
At large (1)
11
$00, 720
1
2
476, 310
3, 588.169
3,125, 830
STATE OF VIRGINIA
2
4
10
229.345
695, 826
2, 801, 811
3
4
6
7
S.--.-
9--.
10_
To.al (10)
11
3
1
7
1
4
1
9
3
6
$31O5,460
4,230, 003
49, 837
814 195
27, 845
233, 910
13,9E9
817,7(6
128,44
7, 196 &a
4
7, 187, 309
16
3, 725.982
1
2
315, 850
2,6O
1
1
3
94,990
276, 66
188, 299
a
583,455
45
16, 418, 300
5
539, HS
Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9
1964
Approved For Release 2002/01/23 : CIA-RDP75600380R000800130032-9
CONGRESSIONAL RECORD - SENATE 17111
Federal funds obligated for construction of
school facilities under Public Law 815 by
congressional district, by State fiscal year
1963-Continued
Congressional district
Number of
projects
MICHIGAN
At large (1)
10th
11th
2
12th
1
'Total (4)
4
MINNESOTA
8th
2
MISSISSIPPI
1st
8th
Total (2)
tresSOmu
4th
2
7th
1
8th
1
Total (3)
4
MONTANA
1st
2d_
8
Total (2)
4
NEBRASKA
24
2
ad
2
Total (2)
4
NEVADA
At large (1)
NEW IERBEY
84
2
4th
7th_
Total (3)
9
NEW MEXICO
At large (2)
4
NEW YORK
27th
30th
1
824
Total (3)
3
NORTH CAROLINA
34
7th
2
Total (2)
3
NORTH DAKOTA
1st
2
24
Total (2)_,
5
OHIO
At law (1)
ad
1
7th_
3
12th
17th
2
Total (5)
OKLAHOMA
24
2
4th.
$
5th
5
6th
Total (4)
oas0ON
16
26
PENNSYLVANIA
12th.
zaorik iewrb
1st
1
Total
amount of
Federal
funds
reserved
$317, 817
445, 123
21, 875
Federal funds obligated for construction of
school facilities under Public Law 815 by
congressional district, by state, fiscal year
1983-Continued
' Congressional district
Number of
projects
Total
amount of
Federal
funds
reserved
SOIPTH CAROLINA
1st
24
Total (2)
SOUTH DAKOTA
785, 015 1st
2d_
156,660
Total (2)
TENNESSEE
30,080 4th
46, 000 6th
76, 080
80, 664
12,495
30,590
123,749
10, 184
794,651
804.835
Total (2)
TEXAS
At large (1)
1st
10th
11th
14th
16th
20th
Total (7)
'MAR
62,802 let
81,500 241
144,302
Total (2)
VIRGINIA
94,144 lst
4th
8th
265, 262 10th
552, 322
24,940 Total (4)
842, 514
WASHINGTON
26
.3d
581,386 4th
5th
6th
164, 100 7th
416,200
382,048 Total (6)
962, 345
WEST VIRGINIA
86
200,680
624,917 WISCONSIN
924,567 6th
196,732
949,189
505,861
411, 179
455, 190
757,481
74,870
1, 698, 220
29,430
77,716
587, 505
649,485
2?192=1=11.-
1, 344, 136
35,592
44,010
144,894
WYOMING
At large (1)
VIRGIN ISLANDS
Grand total (120)____
784, 522
34,080
830,494
964,516
302, 815
15,770
318, 585
95,375
107,217
178,215
228,355
452, 040
666,000
1,697,202
1, 364, 451
727,849
2, 092, 300
761,860
31,144
19,000
154,620
968, 624
51,870
270, 959
84,102
282,802
143,787
96, 151
899,671
75,000
1,478
69,855
251,425
44,583,912
Mr. MORSE. Mr. President, the other
day, in connection with another matter,
I was under the necessity of expressing
my deep personal convictions to the
Commissioner of Education upon the im-
portance of elementary and secondary
education in this Nation. I am sure the
Commissioner appreciated my position
on this matter, which related to what I
believe to be a most needed change in
our national legislative educational pol-
icy. But I would not want this day to
go past without expressing to him the
thanks of the committee for the tre-
mendous help he has been to us on this
bill.
Dr. Wilbur Cohen, Assistant Secretary
of HEW, has aided us in every way and
we are grateful for his help and for the
strong support which we received from
Secretary Celebreeze; but my particular
thanks today go to Commissioner Keppel
and his efficient legislative aids, Dr. Peter
Muirhead and Dr. Samuel Halperin,
both of whom have labored long in the
vineyard with our staff that this bill
could be brought to the Senate today.
Having made that statement, I want
to say that Mr. Jack Forsythe and Mr.
Charles Lee, and their assistants rep-
resenting the majority, and Mr. Michael
Bernstein, representing the minority,
were of inestimable help to the members
of the committee. I want to thank them
for their dedicated and loyal public
service.
I am grateful to them and I am grate-
ful for the patient understanding and
major help to the committee that was
given by the administrative assistant of
Senator PROUTY, Mr. Tom Hayes, and
the executive assistant of Senator JAVITS,
Mr. Allen Lesser. On behalf of the ma-
jority, I wish to express to each of these
gentlemen my deepest appreciation, and
to the members of the minority staff who
sat with us in our hearings and who
advised their principals in a highly pro-
fessional manner, Mr. Michael Bern-
stein-whom I have already men-
tioned-and Mr. John Stringer, likewise
goes my appreciation for their unfailing
courtesy and, where appropriate, help-
fulness.
Mr. President, S. 3060 received the
favorable vote of all members of the
committee except the Senator from
Texas [Mr. TOWER] and the Senator
from Arizona [Mr. GOLDWATER] . They
have filed individual views, which was
printed with the committee report. In
their views they enthusiastically recom-
mend extension of Public Laws 814 and
8'74. They are opposed to all the other
parts of the bill, but raised no objec-
tions to expediting getting the bill to the
floor of the Senate. In fact, 'they helped
by providing us promptly with their in-
dividual views.
I feel that we should now proceed to
further consideration of the bill to per-
mit the Senate to work its will upon it.
Mr. President, I have concluded my
presentation and I suggest that the bill
be open for amendment.
Mr. CARLSON. Mr. President, will
the Senator yield?
Mr. MORSE. I am glad to yield to the
Senator from Kansas.
Mr. CARLSON. First, I commend the
distinguished Senator from Oregon for
bringing the national defense education
bill before the Senate today. I think he
and the committee are entitled to much
credit for presenting to the Senate a bill
which I believe will be very important,
not only in continuing the education of
our youth, but in extending a program
from which our States will benefit. I
refer to both title I and title II of the
bill.
However, I wish to ask the distin-
guished Senator from Oregon one ques-
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17112 CONGRESSIONAL RECORD ? SENATE August 1
tion. Li our State we have had some
Interest and concern about securing
funds for student nurse training. As I
heard the Senator discuss the bill this
morning, I did not hear that item men-
tioned. Is that item included in this
bill or net?
Mr. MORSE. It is not in this bill. It
Is in a bill which deals with nurses train-
ing, which I understand will shortly be
before the Senate. I am sure that early
committee action will be taken. I hope
that wil be next week. The nurse loan
provisions, however, are not in this bill.
Mr. CARLSON. It is not a part of the
bill which the Senate is considering to-
day?
Mr. MORSE. No; it is not part of the
bill the ;Senate is considering today, but
I give the Senator my assurance that he
has no more enthusiastic supporter of
that measure than the chairman of the
Edueaticn Subcommittee. I have no
doubt that the bill will be before the
Senate i or favorable action within the
next week or very shortly thereafter.
Mr. CARLSON. I am glad to get that
assurance on the nurse training program.
That bill should come before the Senate
and be la ted upon in this session.
Mr. MORSE. I quite agree. It will
receive action.
Mr. JORDAN of Idaho. Mr. Presi-
dent, will the Senator yield?
Mr. MORSE. I am glad to yield to
the distinguished Senator from Idaho,
who, as I said, has been of great help to
the committee.
Mr. JORDAN of Idaho. I thank the
Senator I or his comment and for his able
presentation of the proposed legislation.
The Senator from New York [Mr.
Jeerers], also a member of the committee,
will later make a statement commending
the Senator for his able presentation and
expressirg his own personal views.
Mr. MORSE. I thank the Senator
from Idaeo, and through him, thank the
Senator :'rom New York. I shall thank
him personally.
Mr. DOUGLAS. Mr. President, may
/ ask me good friend from Oregon if
there is any provision in the bill to assist
the cities in providing education for the
vast nurr bers of fellow Americans, both
black anI white, who have been pouring
into the cities during the past few years,
who are educationally and culturally de-
prived and who constitute, in my judg-
ment, a -Imre severe task for the cities
than did the creation of Government in-
stallatior s upon the areas of the country
where they were installed 15 years ago.
Mr. MORSE. There is no special sec-
tion in the bill covering those particular
students. It is partly encompassed, how-
ever, in tee opinion of some of us, in the
adult education provisions of the anti-
poverty bill. We think these and other
education provisions of the antipoverty
bill will be of help to this group of citi-
zens.
Further, as the Senator knows; I have
introduced a separate bill expanding the
scope of Public Law 874 which would
provide ederal assistance to our schools
in the so called slums or depressed areas
of the chins of the country and to our
rural slum areas also, which are im-
p acted with two classes of students whose
parents are in limited income brackets.
We would provide payments to school
districts based on one, the number of
children whose parents are unemployed,
and two, the number of children on
whose behalf an aid to dependent chil-
dren public welfare vent is made.
We have completed hearings on my
hill. We hope to have committee action
on it within the next 2 weeks. If enacted,
and companion legislation is being con-
eidered by the House committee, we
would expand the to-called impacted
areas concept so that special assistance
can be made available to school districts
in those areas which are ot special con-
learn to the distinguinhed Senator.
Mr. DOUGLAS. This is highly desir-
able. As I remember it, the Senator from
Minnesota [Mr. HtreePHIII:Y] was the
original author of the impacted areas
bill in 1950 or 1951. It was designed to
help localities into which Government
installations had brought a large number
a! children before the tax base of the
locality could rise to provide added tax
Income. It was said that since the GOV-
ernment was responsible for the com-
ing of the children, et should assist in
the cost of their education. That was
desirable.
Of course, now, with the passage of
time, at these defense installations, the
nember of private homes has increased
and the taxable capacity of the localities
has also risen. Therefore they are in a
rnuch better position than they were
when the act was originally passed.
A new pressure has however fallen
upon our cities, particularly as a result
of the mobility of the population. We
should be aware?though perhaps this
is not fully appreciated throughout the
country?that our cities are undergoing
great population shifts and great pop-
ulation problems. Into the cities there
has poured and is still pouring very large
numbers of people from the South, who
are displaced because of the mechaniza-
tion of cotton picking and other causes
which have forced both blacks and
whites off the soil and into the cities. A
great many of them come into Chicago on
tt,e Illinois Central Railroad. There are
hundreds of thousands of them. They
also come into New York. Large num-
bers are coming into Philadelphia and
Into Detroit and into virtually every
major city in the country.
This has created grave 'problems for
our cities, and e we have seen the results
of some of these problems in the riots
in Harlem and in Rochester. I do not
say this is the sole cause, but the cities
of the North and West have been given
a major job in trying to digest these
large numbers, who have been educa-
tionally and culturally deprived.
This is a very severe problem for the
cities. It is much more severe today than
was the coming of the defense plants or
defense installateons in 1950 or 1951.
At the same time that this is happen-
ing in the cities, they are in a poorer posi-
tion to meet the problem.
As the migrants from the South, both
black and white, move into our major
cities, the upper and middle income fami-
lies tend to move out to the suburbs.
Therefore the cities are losing a large
part of their taxable capacity, at the
same time that they are called upon to
meet the increased problems which are
thrown upon them.
This is a situation which must be dealt
with. I recognize that at this late hour,
it is impossible to amend the bill from
the floor, but it is a problem which the
country should face, and should do so
at the earliest opportunity, or we shall
have many more Harlerns arid many more
Roehesters.
In the past the cities have been the
great Americanizing influences, which
have enabled us to permit millions of
immigrants from abroad to rise socially,
educationally, and politically. They are
now called upon to perform an even more
difficult task of absorbing an internal
migration with :reduced resources.
I hope very much that Congress can
deal with this problem at the earliest
opportunity.
I know that there exists a strong preju-
dice against the big cities in both the
country and in the Senate. But whether
or not we move forward as a nation will
depend largely upon how We deal with
these difficulties in our cities.
President Conant in one of his books
seated there were roughly a million
young people between the ages of 16 and
21 in our cities who were not at school
and not at work. He labeled these as the
concealed social dynamite within our
social structure. The figure of a million
may be slightly overstated. At least there
are three-quarters of a million.
We can deal with this problem par-
tially in the antipoverty bill; which ve
passed and which I hope the House Will
pass. But we should also rethink our
Procedure with regard to Federal aid to
education.
Instead of an overall distribution Of
Federal aid to the States, which will go
to localities which cici not particularly
need the aid, I am inclined to believe that
we should deal .with the problem in, a
rifleshot fashion, concentrating our
Federal aid on the areas of need. This
will include the cities. It will also include
the areas in the country districts which
have very low taxable capacity and where
local real estate is unable to provide an
adequate education for the children.
Though there is great criticism of the
South, on the whole the South has spent
a larger fraction of its income on educa-
tion than many States in the North, and,
in general, more than the countrywide
average. The South cannot be taxed
with unwillingness to pay for the cost of
education. However, its taxable re-
sources are comparatively limited.
Unless we try to deal with this great
sea of the uneducated, we shall have in-
creased trouble.
I know that the senior Senator from
Oregon is very much concerned about
this issue. Many of us have been con-
cerned about it for a long time. The
pending bill came to the floor very sud-
denly, at least suddenly so far as the
Senator from Illinois IS ecincerned. He
did not have an amendment ready to deal
with it. It would require careful draft-
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1964 CONGRESSIONAL RECORD SENATE
Ing, and, therefore, I shall not offer such
an amendment to the pending bill.
I congratulate the Senator and his as-
sociates for their good work, so far as it
goes. I hope that what I have presented
as a future task will be one to which we
shall speedily address ourselves, and not
postpone it to the indefinite future.
Mr. MORSE. Mr. President, if the
Senator had given last week the speech
that he has given on the floor of the
Senate today, he would have been com-
pletely justified in charging the Senator
from Oregon with plagiarism. I am
proud to say this, because of my great
esteem for the Senator's leadership in
education. Many of the points that the
Senator from Illinois has just made on
the floor of the Senate 1 made in com-
mittee a couple of days ago when Com-
missioner Keppel testified before us in
presenting the administration's point of
view, in this instance I think a most un-
fortunate point of view, with respect to
the Morse-Dent bill.
The Morse bill, S. 2528, which I have
already, by thumbnail sketch, outlined
to the Senator, deals with this special
metropolitan city problem in the slum
areas, where the students to whom the
Senator from Illinois has alluded are lo-
cated, The administration took the
position that consideration of this pro-
posal ought to be postponed until a later
date. But we do not intend to postpone
It, We are going to get action on it in
committee, And we are going to give the
Senate an opportunity to stand up and
act on it. I predict we will get it to the
calendar and provide the Senate with an
opportunity to consider it before Con-
gress adjourns.
The House has already completed
hearings on the bill. It is known as the
Dent bill on the House side, and the
Morse bill on the Senate side.
As I said to the Commissioner of Edu-
cation, "The Department is usually
ahead of Congress; but this time we are
far ahead of the administration on this
problem."
The rifleshot analogy or figure of
speech that the Senator from Illinois
used is most apropos. We must take a
kink at the particularly bad spots in the
educational aid program.
That is why we are requiring, as we
have a right to do, that the issue first be
resolved in the Department of Health,
nlueation, and Welfare, and that they
give us a report on the administration of
the impacted-areas legislation by June,
1965, because that is a rifleshot Ap-
proach. We must examine the problem
to find these areas that are now getting
Federal aid but which can no longer be
justified in receiving it. There are many
other areas where such aid can be better
justified than in the environs of some of
our military or other Federal installa-
tions.
Beceeise I know the Senator from Illi-
nois joins me in the high regard we have
for the Senator from Pennsylvania [Mr.
Ctinuc], I think I ought to tell him of a
whispered conversation we had while the
Senator from Illinois was speaking. The
Senator from Pennsylvania said, "I think
you ought to tell PAUL that we wanted to
make that approach in this bill, but we
did not have the votes."
We thought it was important to bring
forth this bill and then push for S. 2528,
the Morse bill and for the Dent bill,
which deals specifically with the prob-
lem the Senator has in mind.
Mr. DOUGLAS. I thank the Senator
from Oregon. His attitude is exactly as
he has always shown it to the Senate.
I hope our colleagues may take account
of this problem, and that we may be able
to get action, because it is badly needed.
It may be the most conservative step to
lessen the social disturbances which
otherwise may grievously weaken the
whole fabric of our society.
Mr. CLARK. Mr. President, I should
like to add my voice to the voices of the
Senator from Illinois and the Senator
from Oregon in support of Federal aid
to education in slum areas and under-
privileged areas of our great cities. Sen-
ators will recall that such an approach
was strongly recommended by the former
president of Harvard, James B. Conant,
in the splendid report he made on the
whole problem of education several years
ago. Such an approach was recom-
mended in President Kennedy's first
general aid to education bill in 1961, when
the able junior Senator from Connecti-
cut [Mr. RIDICOFF] was Secretary of the
Department of Health, Education, and
Welfare.
At that point, we found that because
of the attitude of Senators who came
from States where there were no such
problems, it would be difficult to obtain
funds.
I commend the Senator from Oregon
for his persistence in moving ahead in
this regard.
I know that the majority leader is im-
patiently waiting for me to take my seat
so that the bill may be passed. I shall
continue for only 60 seconds longer to
say that the way we have to schedule
legislation in the Senate now is one of
the sad lessons of the civil rights fili-
buster. Here we are rushing through
important legislation with very little
time for its consideration. We try to
water it down to get a consensus. We
move swiftly, lest we fail to perform our
clear obligation. I deplore the situation.
Until the rules of procedure and the ways
of doing the business of the Senate can
be drastically changed, we shall be legis-
lating as inefficiently on vitally im-
portant matters as we did on the De-
fense appropriation bill, the coffee bill,
on the NDEA bill, and as we are about
to do on the Hill-Burton bill. We did it
also on two other measures yesterday
that came before us so fast that I cannot
remember at the moment what they
were. One of them was the housing
bill?the first housing bill in history to
pass on a voice vote.
I tell my friend, the majority leader,
that I am about to take my seat; but
before doing so, I must commend the
Senator from Oregon for his wise leader-
ship, his patient attention to duty, and
the first-class bill which, under great
difficulty, he has brought to the floor of
the Senate. I hope that within the next
30 seconds the bill will be passed.
17113
Mr. MANSFIELD, Mr. President, I
join wholeheartedly in what the distin-
guished Senator from Pennsylvania has
said about the Senator from Oregon, who
Is in charge of the bill. He always shows
managerial skill, broad knowledge, and
high ability.
At the request of the distinguished
junior Senator from Texas [Mr. Toweel,
who is necessarily absent, I ask unani-
mous consent that the minority views
of Senator TOWER, contained in the com-
mittee report on the National Defense
Education Act, be printed at this point
in the RECORD.
There being no objection the individual
views were ordered to be printed in the
RECORD, as follows:
INDIVIDUAL VIEWS OF MR. GOLDWATER AND MR.
TOWER
We are opposed to all of the provisions of
the committee bill except those in title It
extending for a period of 2 years Public Laws
815 and 874 which deal with federally im-
pacted areas.
When the National Defense Education Act
was favorably reported in 1958 from the Com-
mittee on Labor and Public Welfare, Senator
GOLDWATER in his minority views made the
following comment:
"This bill and the foregoing remarks of the
majority remind me of an old Arabian prov-
erb: 'If the camel once gets his nose in the
tent, his body will soon follow.'
"If adopted, the legislation will mark the
inception of aid, supervision, and ultimately
control of education In this country by Fed-
eral authorities."
This prediction was confirmed in 1961
when the National Defense Education Act
was further extended and its substantive pro-
visions expanded in important respects. At
that time we submitted our minority views
and the position we took then is unqualified-
ly relevant to the present committee bill
which carries this expansion process even
further. We quote from the opening para-
graphs of those minority views:
"We oppose the bill reported by the com-
mittee amending the National Defense Edu-
cation Act primarily because it constitutes
a giant step in the direction of Federal con-
trol of our educational system and for the
following reasons, as well:
"2. It departs further and further from the
stated objective contained in the policy sec-
tion of the act, to wit, to train more of our
citizens in science, mathematics, and modern
foreign languages in order to strengthen the
national defense.
"3. Although the act was originally adopt-
ed on a temporary basis to meet an alleged
defense emergency, the committee bill makes
significant provisions of the act permanent
without sufficient information to justify such
extension, and at the risk of stifling private
and other institutional sources of education-
al assistance.
"4. It abounds in discrimination, incon-
sistencies, and inequities.
"5. It has been made a vehicle for securing
adoption of provisions, programs, and educa-
tional schemes which are totally unrelated
to the purposes of the act, and which either
standing alone, or embodied in more relevant
legislation, would receive short shrift from
the Congress.
"6. It fails to include, or includes Made-
quately, provisions directly related to de-
fense, provisions far more essential to the se-
curity of the Nation than some of those con-
tained in the bill as reported.
"7. It fails to include adequate safeguards
against using our schoolchildren as captive
and involuntary guinea pigs for purposes of
experimentation wholly unrelated to the true
objectives of education.
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17114 CONGRESSIONAL RECORD ? SENATE
"8. It fade to provide adequate safeguards
against the kind of administration of the act,
which durir g the period of almost 8 years
since the ac .t became effective, has resulted
in serious c eparttires from the purposes Of
the act."
As we have indicated, the committee bill
carries this development even further. With
its enactment, the National Defense Educa-
tion Act weuld be transformed into a pro-
gram which approximates a species of gen-
eral Federal aid to education, and in which
the provisions related to the national de-
fense have aecome the less important portion
of the legislation. To paraphrase a well-
known expression, what we are witnessing is
the slow but relentless advent of Federal reg-
ulation of education carried out on the in-
stallment plan and seeking to remain un-
detected t.nder the protective cloak of na-
tional defense.
Title II which extends for 2 years Public
Laws 815 and 874 providing aid for federally
impacted areas has no business in the com-
mittee hit, being totally unrelated to any of
its other provisions. Its inclusion appears
designed ea make it difficult for those who
support Public Laws 815 and 874 to vete
against the bill. These two laws which have
been on he statute books for many years,
enjoy bread support in the Congress and
Includes many who are unenthusiastic about
or are opposed to Federal aid to education
We regard these two statutes, and our view is
widely shared, not as Federal aid to edu-
cation but as Federal payments in lieu of
State and local taxes.
In conclusion we would like to say that
all forme of financial assistance for educa-
tion by the Central Government would be
rendered superfluous if the Congress were
to adopt a program of tax credits, as recom-
mended in the Republican platform of 1964,
one form of which was narrowly rejected by
the Senate in the last session. We are
optimistic that the tax credit approach will
ultimately prevail.
BARRY` GOLDWATER
Joi-in? CF. TOWER.
Mr. MANSFIELD. Mr. President,
move to include at the appropriate Places
in titles 3 and 6 the term "industrial
arts."
Me. MORSE. Mr. President, I plead
with tie Senator from Montana not te
press for that amendment, for these rea-
sons. We have considered this provision.
While many of us might favor it at an-
other time, I feel there is no chance of
getting it through my subcommittee now.
There is little chance, if any, of getting
it tin ough conference. If the bill is
passed in its present form, there is a
strong possibility that it will not be nee-
essary to have a conference. If this
amendment were to be included, it would.
be necessary to go to conference, and
in my judgment the House would rot
consider the amendment. The House
committee has rejected it. Strong repre-
sentations have been made to me, as
chairman of the subcommittee, by
spokesmen of the House that under no
circumstances will the House accept this
amendment. I do not believe in going
throagh wasted motion. There is no
chance of having the amendment
adopted. We have already gone a long
way down this road in the vocational
education bill, now a law. We have done
much for industrial arts in the Voca-
tional Education Act.
I urge the majority leader not to press
for this amendment. Take my word for
it teat we would be wasting our time Si
we tried to have it adopted. It would
set back the whole program.
Mr. MANSFIELD Of course, I will
accede the reasonable request made by
the Senator from Oregon. I am glad to
knew that we have gone a long way down
the road of vocational education.
I should like the assurance of the Sen-
ator from Oregon that the question of
industrial arts per se will be given fur-
:her emphasis in the period ahead,
Mr. MORSE. I give the majority
leader my assurance that I will join in
offering it as an amendment to the NDEA
Act next year, so that hearings can be
held on it. We have not had an oppor-
tunity to hold full hearings on the pro-
posal since much of the support for it
has been generated since our S. 580 heart
higs last year. I am confident that the
proponents of the proposal can make a
strong case and I would want to have it,
through hearings, as a base for future
action in this area.
Mr. MANSFIELD. As the Senator
knows, the distinguis:ned Senator frail.
Indiana Mx. Bern) Is extremely inter-
ested in industrial arts.
Mr. MORSE. I understand. I will
join in offering such an amendment next
Year.
EDUCATION BILLS ILLPOiTANT FOR ALASKA'S
PROGRESS
Mr. BARTLETT. Mr. President, I rise
in support of S. 3060, a bill reported by
the Committee on Labor and Public Wel-
fare which extends for 3 years the Na-
tional Defense Education Act and exist-
ing impacted areas education legislation.
The measure is of utmost importance to
my State and the Nation, and I strongly
urge Senate approvae
President Kennedy once called educa-
tion "the keystone in the arch of freedom
and progress." It is a vital component
in our people's well-being and in the
strength and vitality of our Nation. The
age in which we are living places few
demands upon us as urgently as the de-
mand for educational excellence.
The NDEA during its 6 years of opera-
tion has proved itself to be among the
best conceived of recent congressional
programs. There can be little doubt that
it has prompted hendreds of colleges to
set up loan programs and has enabled
thousands of students to obtain a college
education. In 1958 only 100 colleges had
loan programs of even modest dimen-
sions. Since NDEA's adoption this num-
ber has been increased fifteenfold.
Commissioner of Education Keppel has
testified that through fiscal year 1963
more than 497,000 students, including
325,000 prospective teachers, borrowed
approximately $325 million from the
student loan funds of 1,526 colleges and
universities.
Alaska's colleges and college students
have shared greatly in NDEA's benefits.
Our institutions of higher learning?
Alaska Methodist University, Sheldon
Jackson Junior College, the University
of Alaska, and the university's five com-
munity branches--have been enabled to
extend 274 student loans and 6 graduate
fellowships, totaling some $216,895.
During fiscal year 1964 alone, 92 loans
and 4 fellowships were made available,
totaling $110,055.
August 1.
The circumstances which made the
original adoption of the NDEA a neces-
sity make its continuation and expansion
even more imperative. Modern life and
work, more than ever, demand a college
education. Yet college doors continue
to be barred for many because of the
rising college costs. In the academia
year 1962-63 the average direct cost of
attending a State school was $1,480.
The figure was $2,240 for private col.
leges. This is more than one-third of
the average American's yearly income of
$6,000. It is no wonder that, as Corn-
miesioner Keppel has testified:
Each year more than 100,000 high school
graduates with high aptitude and interest
in college fail to continue their education
because of financial inability.
It is no wonder that 51.8 percent of
the boys and 74.8 percent of the girls,
who are in the sesond quartile in college
aptitude and whose families have an
income of less than $3,000, fail to enter
college. In families with incomes of
$12,000, over 75 percent of the children
of comparable aptitude are able to at-
tend. Nor is it any wonder that 40 per-
cent of those who enter college fail 'to
graduate. Of course, other factors are
Involved, but economic difficulties play
all too prominent a role.
These figures point to educational de:p-
rivations, to inequalities of opportunity,
and to manpower and talent losses we
can ill afford.
Again, let us glance at some figures for
Alaska. Out of 1,625 high school grad-
uates in 1963, only 764?or 47 percent--
entered college, University of Alaska
enrollment data reveals an attrition rate
of over 50 percent between the fresh-
man and senior years.
NDEA has helped, but we must do
more. I am p:leased to be a cosponsor
of S. 2490, introduced by Senator HARTKE.
This comprehensive college student aid
measure includes a loan-insurance pro-
vision and a program of undergraduate
scholarships. I hope this bill will reeeive
the attention of the Senate before the
session ends.
The Economic Opportunity Act :con-
tains a work-study provision that would
permit colleges to expand their supply of
part-time jobs. The Nurse Training Act,
which has beea passed by the House and
is awaiting Senate consideration, Would
institute a loan program for nursing
students and enlarge the present pro-
gram of traineeship grants for advanced
students.
Now we must pass S. 3060, extending
and expanding the NDEA student loan
program.
It would increase the funds autherized
for student loans from the present $135
million a year to $145 million in fiscal
year 1965, to $165 million in 1966, to $180
million in 1e67, and to $195 million in
1968. Thus, more of the students and
institutions which are needing and re-
questing NDEA funds could be accomo-
dated.
The bill would also allow the inclusion
Of part-time students under the student
loan program. Certain nonprofit, ac-
credited business schools would be en-
abled to participate. This would offer
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assistance to numerous people who are
eeekIng to advance their learning and
skills through night school or summer
sessions, often while supporting a family.
In Alaska it should be of particular help
to those students taking advantage of the
State University's extension courses.
The loan ceiling for graduate and pro-
fessional students would be increased
from the present $1,000 to $2,500 an-
nually and from $5,000 to $10,000 in the
aggregate. Such a provision is realistic
In the light of rising graduate school
fees and the numerous responsibilities
graduate students must frequently as-
sume.
Another amendment, and one wholly
consistent with the National Defense
Education Act's aim of teacher recruit-
ment, would extend the act's 50-percent
forgiveness provisions to students who
later teach in private elementary and
secondary schools or in institutions of
higher education.
Finally, the bill would expand the
graduate fellowship program of the Na-
tional Defense Education Act. Stairstep
increases would result in 10,000 fellow-
ships being offered annually by 1967.
Although National Defense Education
Act's best known feature is probably its
college student loan program, the act
has been of great benefit to our public
elementary and secondary schools as
well. For example, under title III of the
National Defense Education, Act, the
Alaska State Department of Education
has received some $365,886 in grants on
a 50-50 matching basis for the purpose
of improving public school instruction in
science, mathematics, and modern for-
eign languages. Funds under this title
have financed the purchase of labora-
tory apparatus, audiovisual equipment,
and printed materials, and the remodel-
ing of classrooms and instruction facili-
ties. The bill before us would extend
this program 3 years and add the vital
fields of English, remedial reading,
geography, civics, and history to the
areas it includes.
Title V of the National Defense Educa-
tion Ad provides funds on a 50-50
matching basis for States which develop
programs of testing, guidance, and voca-
tional and academic counseling. It
seems to me that such programs would
assist in alleviating the dropout problem
and encouraging able students to con-
tinue in college. Both problems are
serious in Alaska. As I have previously
mentioned, our high school dropout rate
is a high 36 percent. Only 49 percent of
our high school graduates enter college.
Our State has already received $116,840
under title V and has a great stake in
the continuation and expansion of the
counseling and guidance program. This
the committee bill would accomplish, in-
cluding in its coverage elementary
schools and public junior colleges as well
as high and junior high schools.
The bill's NDEA amendments would
also continue the program of grants and
training allowances for short-term
training institutes in guidance counsel-
ing, and would expand the section to
cover courses Tor librarians and educa-
tional media specialists.
No. 148----5
Finally, NDEA's title X program, which
finances State educational studies and
statistical services, would be continued
and improved. This is a program under
which Alaska has received $118,400
since 1958.
The second major section of the com-
mittee's bill would continue for 3 years
the provisions of Public Laws 815 and
874. The first of these provides school
construction assistance; the second re-
lieves the expenses of schools operating
In Federal impact areas. This helps
such areas to care for increased student
enrollments due to Federal activity.
These programs have been in effect
since 1950. The aid they have brought
to Alaska has been both generous and
vitally important. From 1950 to 1963
Alaska school districts have received $48,-
608,572 for operating expenses, $18,114,-
768 for on-base construction of facili-
ties and $12,838,691 for construction of
buildings in communities. It is esti-
mated that Alaska will receive grants for
fiscal year 1964 which total $9,529,620 for
school operations and $3,356,149 for
school construction on the bases of the
armed services, the Federal Aviation
Agency, other Government agencies, and
communities. This assistance has en-
abled Alaska to provide an educational
system that is among the finest in the
Nation.
The committee bill also calls on the
Commissioner of Education to suggest by
June 30, 1965, such changes in existing
law as he thinks warranted. As success-
ful and workable as the impacted areas
plan has been, I believe the committee
was wise in asking for this study.
Mr. President, the National Defense
Education Act and Public Laws 815 and
874 have proved their worth, to my State
and to the Nation. I commend the com-
mittee for the 3-year extensions and the
strengthening amendments they have
suggested. We must at least enact this
bill. And I hope we shall do more before
this session ends.
Mr. BAYH. Mr. President, I want to
express my appreciation to the majority
leader for his intercession in behalf of
aid to industrial arts education.
In view of the assurances which the
Senator from Oregon has given, I per-
sonally will not insist now on this amend-
ment. I want to emphasize, however,
my disappointment that the 1964 legisla-
tion does not include aid to this deserv-
ing branch of education, and my hope
that this deficiency will be corrected in
the next Congress.
Industrial arts is the only curriculum
area in general education devoted pri-
marily to the interpretation of industry,
which is the most dominant character-
istic of our society. It helps students to
prepare for living in an industrial de-
mocracy and provides a foundation for
specific occupational and educational op-
portunities. Thus, the future scientist,
engineer, technician, and workman gains
an insight into the requirements which
he has to value once he chooses his fu-
ture occupation.
Industrial arts greatly contribute to
all ability levels as evidenced in a study
being conducted by the U.S. Office of
17115
Education. A 10 percent sampling re-
veals that 46 States offer industrial arts
for upper ability students, and 25 States
have industrial arts for slow students.
In the School year 1948-49, the enroll-
ment of students studying industrial arts
courses totaled 1,762,242. The U.S. Of-
fice of Education estimates that over
3,500,000 students are currently studying
industrial arts courses.
Despite the great increase in student
enrollment, the number of earned
degrees?bachelor?in industrial arts
education declined from 3,750 in 1958-59
to 3,376 in 1961-62. In a survey of in-
dustrial arts teacher education programs
in 1958, Marshall L. Schmitt, specialist
for industrial arts, U.S. Office of Educa-
tion, found that only 61 percent of the
college graduates of industrial arts went
Into teaching. The remaining graduates
went into industry and military service.
These statistics show the tremendous
Pressures placed upon industrial arts
programs to meet the needs of the rapidly
rising school population with fewer qual-
ified teachers. The survey indicates that
many industrial arts programs are being
taught by teachers who hold substandard
certificates. These teachers are expected
to continue their study in order to be-
come qualified in this field. To
strengthen further the industrial arts
programs, most school systems encourage
and require their teachers to pursue
graduate work and eventually obtain a
higher degree. The shortage of indus-
trial arts teachers, evidenced by a recent
survey reported on the following pages,
has created a large gap that will seriously
impair the industrial arts program unless
we can upgrade our personnel. Since in-
dustrial arts is the study of industrial
materials, products, and processes, and
the problems related to our technical
society, it is imperative that our teachers
continually seek new content and better
methods of presenting modern industrial
concepts and ideas to the American
youth.
The following survey illustrates the
shortages of industrial arts teachers as
reported by a joint group of State super-
visors of industrial arts and teacher
educators during the AIAA annual con-
vention, held in Washington, D.C.,
March 30-Apr11 3, 1964:
RANDOM SAMPLES OF 11 STATES REPORTING
SHORTAGES OF INDUSTRIAL ARTS TEACHERS
FOR THE SCHOOL YEAR 1963-64
California: Eleven colleges produced 250
graduates. State needs 500 per year. Teacher
supply only one-half of need.
Florida: State colleges produce only one-
third of State need for industrial arts teach-
ers. In September 1963, 25 industrial arts
classes had to be closed because of lack of
teachers.
Georgia: Georgia colleges graduated 40 in-
dustrial arts teachers in 1963. Twenty en-
tered teaching (others went Into industry).
State need was about 60 teachers or three
times supply.
Indiana: In September 1963, 40 industrial
arts classes had to be left unfilled because
of shortage of industrial arta teachers.
Maryland: State university and colleges in
1963 could supply only 20 percent of indus-
trial arts teachers requested by local boards
of education.
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17116 CONGRESSIONAL RICORD - SENATE August 1
Massacbusetts: Colleges in Massachusetts
graduated 37 industrial arta teachers in 1963.
Approximntely 40 percent went into industry.
State requirement of industrial arts teachers
was betwena 50 and 60 new teachers.
Michigaa: The seven universities and col-
leges which have teacher education programs
in industrial arts could supply only one-
third of the requests of superintendents of
schools in 1963.
New Jersey: In 1963, New Jersey gradu-
ated 87 hidustrial arts teachers, The State
required 200 teachers, In 1963, 163 indus-
trial arts teachers were on emergency cer-
tificates.
New York: In New York City alone there
is a current shortage of 100 industrial art;
teachers. In upper-State New York, 50 or
more industrial arts teachers are working on
a temporsry, unlicensed certificate.
North Carolina: In the depressed Ap-
palachian county where indiestrial arts is
badly needed, there are no ihdustrial arts
teachers ecause of lack of funds. At Ap-
palachian State Teachers College only 14 in-
dustrial arts teachers graduated in 1963, but
the requests totaled 150.
Pennsynetania: In 1963, 15 percent of the
industrial arts laboratories were closed or
filled with unqualified teachers. Philadel-
phia, where industrial arts is so badly needed
to help eliminate the dropout problem, had
a shortage of approximately 50 industrial
arts teachers in 1963.
In view of thse facts I regret very much
that it is impossible to secure an amend-
ment to section 611(a), to Include indus-
trial art3 as a field eligible for institutes
for advanced study, and I hope that next
year Congress will give serious consider-
ation of alleviating this critical need.
Mr. COOPER. Mr. President, as .t
cosponsor of the original National De-
fense Education Act of 1958, and as one
who has spoken and voted in the Senate
for its extension since that time, I want
to express my support for S.-3060, the
bill which is before us today. As one who
has also during my service in the Senate,
supported Public Law 815 and Public
Law 874, which are so important to our
local public schools in federally im-
pacted areas, I am glad that this bill
makes provision for extending these laws
through June 30, 1967, so that our school
districts can plan their costs and obliga-
tions accordingly.
I am *)leased that the 3-year extension
of the National Defense Education Act,
to June 30, 1968, as proposed in S. 3060,
includes provision for additional educa-
tional needs which bear upon the deve.-
opment of the mental resources of our
Yonne men and our young women, and
upon tk e continuing security of our Na-
tion. These resources are the future
strength of our Nation, and they will be
materially improved especially by the
provision of this bill which authorizes a
training and institute program for
teachers of English, remedial reading,
history, geography and civics, and by as-
sistance to those preparing to become
school librarians or educational media
specialists.
Just as thousands of students and
teacher's in my own State of Kentucky,
in dozuns of schools and colleges there,
have already benefited from existing pro-.
visions of the National Defense Educa-
tion Act, so many others in Kentucky and
across the country can benefit from the
improvement in the vital preparation for
teaching our native language, and for
teaching these other subjects which are
so important in helping our young peo-
ple to learn about the world around us,
and in promoting effeclve citizenship for
future generations. I think. 8. 3060 is a
good bill, and I hope the Senate will pass
It today.
The PRESIDING OFFICER. The bill
Is open to amendment. If there be no
amendments to be proposed, the ques-
tion is on the engro3sment and third
reading of the bill.
The bill (S. 3060) was ordered to .be
engrossed for a third reading, read the
third time, and passed, as follows:
Be it enacted by the Setuite and Hcruse
ce Representatives of tite United States of
ennerica in Congress tmsembied,
TITLE I-AMENDMENTS TO NAT EONAL DEFENSE
EDUCATION ACT OF Less
Part A-Loans to students in institutions of
higher education
Definition Amendment
SEC. 101. The second sentence of section
1.03(b) of the National Defense Education
Art of 1958 is amended ey striking out "pri-
vate" and by striking oul. " (3) .".
Appropriations Authorized
SEC. 102. The first sentence of section 201
o:: the National Defente Education Act of
1958 is amended by striking out "and $135,-
000,000 for the fiscal year ending June 30,
1065, and such sums for the fiscal year end-
ing June 30, 1066, and etch of the next three
115051 years as may be necessary to enable
seudents who have received loans for school
years ending prior to July 1, 1965, to continue
or complete their education" and inserting in
nett thereof "$145,000,000 for the fiscal year
ending June 30, 1965, $165,000,000 for the fis-
cal year ending June 30, 1066, $180,000,000
for the fiscal year ending June 30, 1967, and
3196,000,000 for the fiscal year ending June
30, 1968, and such suns for the fiscal year
ending June 30, 1969, and each of the next
three fiscal years as raay be necessary to
enable students who have received loans for
school years ending prior to July 1, 1968,
to continue or complete their education".
Allotments to States
SEC. 103. Section 202 of the National De-
fense Education Act of 1958 is amended by
striking out "1965" 'wherever it appears
therein and inserting in lieu thereof "1968".
Payment of Federal Capital Contributions
SEC. 104. Effective with respect to fiscal
years beginning after lame 30, 1964, section
e03 of the National Defense Education Act
of 1958 is amended by striking out subsection
ib) and by striking cut "(a)" after "Sec.
Conditions of Agreements
SEC. 105. (a) Paragraph (4) (B) of section
e04 of the National Defense Education Act of
:1958 is amended to road as follows: "(B)
other students with a superior academic
background; and".
(b) The amendment; made by subsection
a) of this section shall apply to the selec-
eion of students under title EI of the National
lOefense Education Acil of 1958 made in or
after the second montl. following the month
in which this Act is enacted.
Terms of Loans
SEC. 106. (a) Subsecidon (a) of section 205
of the National Defense Education Act of
1958 is amended to real as follows:
"(a) The total of tile loans for any aca-
demic year or its equivalent, as determined
under regulations of the Commissioner
made by institutions of higher education
from loan funds esteblished pursuant to
agreements under this title May not exceed
$2,500 in the case of any graduate or profes-
sional student (as defined in regulations Of
the Commissioner) , and may not exceed
$1,000 in the case of any other student. The
aggregate of the loans for all years from such
funds may not exceed $10,000 in the case of
any graduate or professional student (as so
defined, and including ann loans from su(di
funds made to such person before he be
came a graduate or professional student),
or $5,000 in the case of any other student."
(b) (1) Paragraph (1) of subsection (n)
of such section 205 Is amended to read as
follows:
"(1) such a loan shall be reede only to a
student who (A) is in need of the amount
of the loan to pursue a course of study at
such institution, and (B) is capable, in the
opinion of the institution, of maintaining
good standing in such course of study, and
(C) has been accepted for enrollment as a
student in such inatitution or, in the case ,of
a student already attending such institution,
is in good standing there either as an un-
dergraduate, graduate, or professional stu-
dent, and (1)) is carrying at least one-half
the normal full-time academie workload as
determined by the institution; ".
(2) Paragraph (2) of such subsection (b)
of such section 205 is amended by striking
out "and (D)" and inserting in lieu thereof
the following: "(0) the institution may pro-
vide that periodic installments need not be
paid during any period or periods, aggregat-
ing not in excess of three yearn during which
the borrower is in part-time attendance at
an institution of higher education taking
courses which are creditable toward a degree,
and may also provide that any such period
shall not be included in determining the
ten-year period during Which the repayment
must be completed, but interest shall con-
tinue to accrue during any such period, and
(E)".
(3) Paragraph (3) of such subsection (b)
of such section 2e5 is amended to read as
follows:
"(3) not to exceed 50 per centtun of any
such loan (plus interest) shall be canceled
for service as a full-time teacher in a public
or other nonprofit elementary or see..ondery
school in a State, In an institution of higher
education, or in an elementary or secondary
school overseas of the Armed Forces of the
United States, at the rate of 10 per centum
of the amount of such loan plus interest
thereon, which was unpaid on the first day
of such service for each complete academic
year of such service."
(4) Paragraph (4) of subsection (b) of
such section 205 IS amended by inserting Im-
mediately before the semicolon at the end
thereof the followings "in an cases except
where the date on which repayment IS to
begin is suspended by reason of clause (D)
of paragraph (2)".
(o) The amendment made by subsection
(a) shall apply for purposes of determining
the amount of any loans under title II of
the National Defense Education Act of 1958
for academic years beginning after the date
of enactment of this Act. The amendments
made by paragraphs (2) and (4) of subeec-
ton rein shall apply to any loan (under ant
agreement under title II of the National 'De-
fense Education Act of isstn outstandinn on
the date of enactment of this Act only With
the consent of tae institution which made
the loan. The amendment made by para-
graph (3) of subsection (b) shall apply with
respect to service performed during academic
years beginning after the enactment of tins
Act, whether the loan was made before; or
after such enactment.
Distribution of Assets From Student Loan
Funds
Sec. 107. Section 206 of the National 'De-
fense Education Act of 1958 is amended by
striking out "1969" wherever it appears there-
in and inserting in lieu thereof "1972"e
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CONGRESSIONAL RECORD ? SENATE 17117
Part B?Financial assistance for strengthen-
ing instruction in science, mathematics,
miyiern foreign languages, and other criti-
cal subjects
Extension of Title
SEC. 111. Title III of the National Defense
Education Act of 1958 is amended by strik-
ing "TITLE III--FINANCIAL ASSISTANCE FOR
STRENGTHENING SCIENCE, MATHEMATICS, AND
MODERN FOREIGN LANGUAGE INSTRUCTION" RS
it appears as the heading of that title, and
inserting in lieu thereof:
"TITLE III?FINANCIAL ASSISTANCE FOR
STRENGTHENING INSTRUCTION IN SCIENCE,
MATHEMATICS, MODERN FOREIGN LANGUAGES,
AND OTHER CRITICAL SUBJECTS"
Appropriations Authorized
Sze. 112. Section 301 of the National De-
fense Education Act of 1958 is amended to
read as follows:
"Appropriations Authorized
"SEe. 301. There are hereby authorized to
be appropriated 870,000,000 for the fiscal year
ending June 30, 1959, and for each of the
five sueceeding fiscal years, and $90,000,000
for the fiscal year ending June 30, 1965, and
for each of the three succeeding fiscal years,
for (1) making payments to State education-
al agencies under this title for the acquisition
of equipment (suitable for use in providing
education in science, mathematics, history,
civics, geography. modern foreign language.
English, or remedial reading), but excluding
supplies which are consumed in use, and
for miner remodeling described in para-
graph (1) of section 303(a), and (2) making
loans authorized in section 305. There are
also authorized to be appropriated $5,000,000
for the fiscal year ending June 30, 1959, and
for each of the five succeeding fiscal years,
and $10,000,000 for the fiscal year ending
June 30, 1965, and for each of the three suc-
ceeding fiscal years, for making payments to
State educational agencies under this title
to carry out the programs described in para-
graph (5) of section 303(a)."
Allotments to States
8E0. 113. (a) The second sentence of sub-
section (a) (2) of section 302 of the National
Defense Education Act of 1958 is amended
by striking out "as soon as possible after the
enactment of this Act, and again between
July 1 and August 31 of 1959" and inserting
in lieu thereof "between July 1 and August
31 of each even-numbered year beginning
with calendar year 1961".
(b) The third sentence of such subsection
Is amended to read as follows: "Each such
promulgation shall be conclusive for each
of the two fiscal years in the period July 1
next succeeding such promulgation, except
that the ratios promulgated in 1959 shall be
conclusive for each of the five fiscal years
in the period beginning July 1, 1960, and
ending June 30, 1965."
(c) Effective with respect to allotments
under subsection (b) of section 302 of such
Act for fiscal years beginning after June 30,
1964, the third sentence of such subsection is
amended by striking out "$20,000" wherever
it appears therein and inserting in lieu
thereof "$50,000".
State Plans
SEC. 114. (a) Clause (A) of section 303(a)
(1) of the National Defense Education Act
of 1958 is amended to read as follows: "(A)
acquisition of laboratory and other special
equipment (other than supplies consumed in
use), including audiovisual materials and
equipment, and printed and published mate-
rials (other than textbooks), suitable for
use in providing education in science, math-
matics, history, civics, geography, modern
foreign language, English, or remedial read-
ing in public elementary or secondary
schools, or both, and of testgrading equip-
ment for such schools and specialized equip-
ment for audiovisual libraries serving suoli
sehools, and".
(b) Paragraph (5) of section 303(a) is
amended by striking out "and modern for-
eign languages" and inserting in lieu thereof
"history, civics, geography, modern foreign
languages, English, and remedial reading".
Payments to States
SEC. 115. The second sentence of subsection
(b) of section 304 of such Act is amended by
striking out "five" and inserting in lieu
thereof "eight".
Interest Rates
SEC. 116. Paragraph (3) of subsection (b)
of section 305 of such Act is amended by
striking out "as of the last day of the
month" and inserting in lieu thereof the
following: "as computed at the end of the
fiscal year next".
Part 0?Fellowships
Number of Fellowships
SEC, 121. Effective July 1, 1964, section
402(a) of the National Defense Education
Act of 1958 Is amended to read as follows:
"Number of Fellowships
"SEC. 402. (a) During the fiscal year end-
ing June 30, 1965, the Commissioner is au-
thorized to award not to exceed five thousand
fellowships to be used for study in graduate
programs at institutions of higher education,
during the fiscal year ending June 30, 1986,
he is authorized to award not to exceed seven
thousand five hundred such fellowships, and
during each of the two succeeding fiscal
years, he is authorized to award not to exceed
ten thousand such fellowships. Such fellow-
ships may be awarded for such period of
study as the Commissioner may determine,
but not in excess of three academic years,
except that where a fellowship holder pur-
sues his studies as a regularly enrolled stu-
dent at the institution during periods outside
the regular sessions of the graduate program
of the institution, a fellowship may be
awarded for a period not in excess of three
calendar years."
Award of Fellowships and Approval of
Institutions
SEC. 122. (a) The first sentence of subsec-
tion (a) of section 403 of the National De-
fense Education Act of 1958 is amended to
read as follows: "Of the total number of
fellowships authorized by section 402(a) to
be awarded during a fiscal year (1) not less
than one-third of such fellowships awarded
during the fiscal years ending June 30, 1985.
and June 30, 1966, and not less than 2,500
for each fiscal year thereafter, shall be
awarded to individuals accepted for study
in graduate programs approved by the Com-
missioner under this section, and (2) the
remainder shall be awarded on such bases
as he may determine, subject to the provi-
sions of subsection (c). The second sen-
tence of subsection (a) of such section is
amended by striking out ", and" at the
end of clause (2) and inserting in lieu there-
of a period, and by striking out clause (3)
thereof.
(b) Section 403(b) of such Act is amended
by striking out "under this title" and in-
serting in lieu thereof "as described in clause
(1) of the first sentence in subsection (a)",
and by inserting before the period at the end
thereof the following: ", and the Commis-
sioner shall give consideration to such ob-
jective in determining the number of fellow-
ships awarded under this title for attendance
at any one institution of higher education".
(c) Section 403 of such Act is further
amended by adding at the end thereof the
following new subsections:
"(c) Recipients of fellowships under this
title shall be persons who are interested in
teaching, or continuing to teach, in institu-
tions of higher education and are pursuing,
or intend to pursue, a course of study lead-
ing to a degree of doctor of philosophy or an
equivalent degree.
"(d) No fellowship shall be awarded un-
der this title for study at a school or depart-
ment of divinity. For the purposes of this
subsection, the term 'school or department
of divinity' means an institution or depart-
ment or branch of an institution, whose
program is specifically for the education of
students to prepare them to become minis-
ters of religion or to enter upon some other
religious vocation or to prepare them to teach
theological subjects."
(d) The amendments made by this sec-
tion shall become effective July 1, 1964.
Fellowship Stipends
SEC. 123. (a) Section 404(a) of the Na-
tional Defense Education Act of 1958 is
amended (1) by striking out "after the bac-
calaureate degree", and (2) by adding at the
end thereof the following: "The stipend for
any such person for any such academic year
shall, if, prior to such year, he has had two
or more academic years of teaching experi-
ence at a college or university, be increased
to the extent provided in accordance with
regulations of the Commissioner based on
the length of such experience and such other
factors as the Commissioner deems relevant
to the objectives of this title; except that the
amount of such stipend for any academio
year of study may not exceed $4,800 plus $400
for each of his dependents. Where a person
awarded a fellowship under this title for
study at an institution of higher education
pursues his studies as a regularly enrolled
student at such institution during periods
outside of the regular sessions of the gradu-
ate program of the institution, the Commis-
sioner may make appropriate adjustments in
his stipends and allowances for dependents."
(b) The amendment made by this section
shall apply in the case of stipends and allow-
ances under section 404(a) of such Act which
are paid with respect to periods in academic
years begining after the enactment of this
Act.
Part fl?Guidance, counseling, and testing;
identification and encouragement of able
students
Appropriations Authorized
SEC. 131. Section 501 of the National De-
fense Education Act of 1958 is amended by
striking out "and $17,500,000 each for the
fiscal year ending June 30, 1964, and the
succeeding fiscal year," and inserting in lieu
thereof "$17,500,000 for the fiscal year end-
ing June 30, 1964, $25,000,000 for the fiscal
year ending June 30, 1965, $25,500,000 for
the fiscal year ending June 30, 1966, $32,500,-
000 for the fiscal year ending June 30, 1967,
and $37,500,000 for the fiscal year ending
June 30, 1968,".
State Plans
SEC. 132. Paragraphs (1) and (2) of sec-
tion 503(a) of the National Defense Educa-
tion Act of 1958 are amended to read as
follows:
"(1) a program for testing students in
the public elementary and secondary schools
of such State or in the public junior colleges
and technical institutes of such State, and
if authorized by law, in other elementary
and secondary schools and in other junior
colleges and technical institutes in such
State, to identify students with outstand-
ing aptitudes and ability, and the means of
testing which will be utilized in carrying
out such program; and
"(2) a program of guidance and counsel-
ing at the appropriate levels in the public
elementary and secondary schools or public
junior colleges and technical institutes of
such State (A) to advise students of courses
of study best suited to their ability, apti-
tudes, and skills, (B) to advise students in
their decisions as to the type of educa-
tional program they should pursue, the vo-
cation they should train for and enter, and
the job opportunities in the various fields,
and (C) to encourage students with out-
standing aptitudes and ability to complete
their secondary school education, take the
necessary courses for admission to institutes
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17118 CONGRESSIONAL RECORD-SENATE August .1
of higher education, and enter such institu
tions."
Payments to States
SEC. 133. (a) Section 504(a) of the Na-
tional Defense Education Act of 1958 Is
amended by striking out "five" and inserting
in lieu thgreof "eight".
(b) Section. 504(b) of such Act is amender:.
by striking out ", who are not below grade
7,", and ry striking out "six" and insert-
ing in 'Ilea thereof "nine", and by inserting
after "schools" the first time it appears tin
following: ", or junior colleges or techni-
cal institt teen.
Junior (3olleges and Technical Institutes
SEC. 13g . Title V of the National Defense
Education Act of 1958 IS amended by insert-
ing after gection 504 the following new sec-
tion:
"Definitions
"Sao. 51 5. For the purposes of this title,
the term Junior colleges or technical insti-
tutes' meens (1) institutions of higher edu-
cation which are organized and administered
principalln to provide a two-year program
which is acceptable for full credit toward
a bachelcr's degree, and (2) institutions
which meot the requirements of clauses (1),
(2), (4), unci (6) of section 103(b) and are
organized and administered principally to
provide a two-year program in engineering,
mathemat es, or the physical or biological
sciences which is designed to prepare the
student to work as a technician and at a
semiprofessional level in engineering, scien-
tific, or Giber technological fields which re-
quire the understanding and application of
basic engi meting, scientific, or mathematical
principles or knowledge, and, if a branch cif
an institution of higher education offering
four or more years of higher education, is
located in a community different from that
In which its parent institution is located."
Counseling' and Guidance Training Institutes
SEC. 135, Section 511 of such Act is amend-
ed to read se follows:
"Authorization
"SEC. 51k. (a) There are hereby authorized
to be appropriated $6,250,000 for the fiscal
year endins June 30, 1959, $7,250,000 for the
fiscal year ending June 30, 1960, and for each
of the foug succeeding fiscal years, and $10,-
000,000 fog the fiscal year ending June 30,
1965, and for each of the three succeeding
fiscal yearn, to enable the Commissioner to
arrange, through grants or contracts, with
institutions of higher education for the oper-
ation by t. tern of short-term or regular ses-
sion institutes for advanced study, including
study in the use of new materials, to improve
the qualifi gation of individuals who are en-
gaged, or are teachers preparing to engage in
counseling and guidance of students in ele-
mentary og in secondary schools or in insti-
tutions of aigher education including junior
colleges and technical institutes as defined
in section 105.
"(b) Each individual who attends an in-
stitute operated under the provisions of this
part shall I e eligible (after application there-
for) to receive a stipend at the rate of $75
per week for the period of his attendance at
such instit rte, and each such individual with
one or mon i dependents shall receive an addi-
tional stirs ad at the rate of $15 per week for
each such eependent."
Part E?Lcnguage development and insti-
tutes for advanced study in teaching cer-
tain critical subjects
Extension of Title
SEC. 141. (a) Title VI of the National De-
fense Ethic ition Act of 1958 is amended by
striking "T TTLE VI?LANGIYAGE DEVELOPMENT"
as it appear s as the heading of that title, and
inserting it lieu thereof, "TITLE VI?LANGUAGE
DEVELOPMET T AND INSTITUTES FOR ADVANCED
STUDY IN TEACHING CERTAIN CRITICAL SUB-
JECTS",
(b) Section 601 of the National Defense
Education Act of 1958 is amended by strik-
ing out "1965" wherever it appears therein
and inserting in 1:ieu thereof "1968".
(c) Section 608 of such Act Is amended to
read as follows:
"Appropriations Authorized
"Ssc. 603. There are hereby authorized to
be appropriated $3,000,000 for the fiscal year
ending June 30, 1964, $13,000,000 for the fiscal
year ending June 30, 1965, $14,000,000 for the
fiscal year ending June 30, 1066, and $16,-
000,000 for the fiscal year ending June 30,
1967, and $18,000,000 for the fiscal year end-
ing June 30, 1968, to carry out the provisions
of this part."
Institutes for Advanced Study in Teaching
Certain Critical Subjects
SEC. 142. Effective July 1, 1064, part B of
tile VI of the National Defense Education
Act of 1958 is amended to read as follows:
"Part B?Institutes for advanced study in
teaching certain critical subjects
"Authorization
''Sac. 611. (a) There hereby authorized to
be appropriated $30,000,000 for the fiscal
year ending June 30, 1965, and for each of the
three succeeding fiscal years, to enable the
Ccmmisegioner to arrange, through grants
or contracts, with institutions of higher edu-
canton for the operation by them of short-
term or regular session institutes for ad-
vanced study, including study in the use of
new materials, to improve the qualification
of individuals who are or are preparing to
become school librarians or educational
media specialists, or who are engaged in or
are preparing to engage in the teaching, or
supervising or training of teachers, of his-
tca y, civics, geography, modern foreign lan-
guages, English, or remedial reading in ele-
mentary or secondary schools.
(b) Each individual who attends an insti-
tute operated under the provisions of this
part shall be eligible (after application
therefor) to receive a stipend at the rate
of $75 per week for the period of hie attend-
ance at such institute, and each such in-
dividual with one or more dependents shall
receive an additional stipend at the rate Of
$11 per week for each such dependent."
Part F?Utilization of television, radio, mo-
tion pictures, and related media for educe.-
tiottal purposes
Extension of Program
Eire. 151. Section 763 of the National. De-
fense Education Act of 1958 is amended by
striking out "six succeeding fiscal years" and
Inserting in lieu. thereof "nine succeeding
fist al years".
Part G?Miseetlaiteous
State Administration
SEc. 161. (a) Subparagraph (2) of section
1004(a) of the National Defense Education
Act: of 1958 is amended by inserting before
the semicolon ", and will keep such records
and afford such access thereto as are mem-
3ary to assure the correctness and verifica-
tion of such reports".
( b) Subparagraph (3) of such section
L001(a) is amended by striki.ngout "dis-
bursement" and inserting in lieu thereof
"application".
Extension of Statistical Services Program
Sec. 162. (a) Subsection (a) of section
::(109 of the National Defense Education Act
of S958 is amended by striking out "six suc-
ceeding fiscal years" and inserting in lieu
thereof "nine succeeding fiscal years".
('o) Such section 1009 is further amended
by redesignating subsections (b), (c), and
iU) as subsections (c) (d) , and (a), respec-
tively, and by inserting after subsection (a)
the following new subsection:
" b) (1) From the sums appropriated pur-
mint to subsection (a) for any fiscal year
the Commissioner shall allot to each State
(not including the Canal Zone, Guam, Amer..
lean Samoa, or the Virgin Islands) $50,000,
and to the Canal Zone, Guam, American
Samoa, or the Virgin Islands $25,000? arid
from the balance then remaining shall allot
to each State an iidditional amount which
bears the same ratio to such balance as the
school-age population of such State bears
to the total of the school-age populations
of all the States, except that of such balance
no State may receive an amount in excess of
(A) $125,000 or (B) 10 cents multiplied by
the school-age population of the State,
whichever is the smaller. Any portion of such
balance which, by 'reason of the applicaticn
of the limitations in clauses (A) and (E)
of the preceding sentence, remains after al-
lotments (or reallannents) have been made
under such sentence shall be reelloted among
the States to which the limitations in such
clauses do not apply, in proportion to the
original allotments to such States under the
preceding sentence, but subject to the liiri-
itations in such clauses.
"(2) The amount of any State's allotment
under pargaraph (1:, for any fiscal year which
the Commissioner determines will not he
required for such fiscal year for carrying mit
programs under subsection (c) shall be avail-
able for reallolament from time to time, on
such dates during such year as the Com-
missioner may fix, to other States in propor-
tion to the original allotments to such States
under paragraph (1) for such year. but with
such proportionate amount for any of such
other States being reduced to the extent
it exceeds the sum the Commissioner es--
tirnates such State needs and will be able
to use for such programs for such year and
subject to the limitations in clauses (A) and
(B) of paragraph (I) and the total of such
reductions shall be similarly reallotted among
the States whose prcportionate amounts were
not so reduced. Ary amount realloted to a
State under this paragraph during such year
shall be deemed part of its allotment under
paragraph (1) for such year."
(c) The subsection of such section 1009
herein redesignated as subsectien (c) is
amended by striking out "improving" in
clause (1), by inserting "and maintenance'
after "development' in clause (2), by strik-
ing out "improving methods for" in clause
(4), and by striking out "650,000" and In.
sorting in lieu thereof "its allotment for such
year" irk the last sentence thereof.
(d) The subsection of such section 1009
herein redesignated as gut:Mention (d) lit
amended by striking out "(1) only to the
extent it is a new program or an addition to
or expansion of an existing program, and
(2)", and by striking out "(d)" and inserting
in lieu thereof "(e)".
Part H--Amenclanenits of Table of amtents
Table of Contents
Sac, 171. The table of contents of the Na-
tional Defense Education Act of 1958 is
amended?
(1) by striking out
"TITLE in?rninszecIAL ASSISTANCE TOR,
STRENGTHENING SCIENCE, MATHEMATICS, ANII.
MODERN FOREIGN LANGUAGE INSTRUCTION"
and inserting in lieu 'thereof
"TITLE III--FINANCTAL ASSISTANCE FOR
STRENGTHENING INSTRUCTION IN SCTENCE,
MATHEMATICS, MODERN FOREIGN LANGUAGES,
AND OTHER CRIT/CAL SUBJECTS";
(2) by inserting after
"Sec. 804. Payments to States."
the following:
"See. 505. Definitions.":
(3) by striking out
"TITLE VI?LANGUAGE DEVELOPMENT"
and inserting In lieu thereof
"TITLE VI?LANGUAGE :DEVELOPMENT AND =STD.'
TIMES POR ADVANCED STUDY IN TEACHING CERT;1
TAIN CRITICAL sussecrs"; AND
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CONGRESSIONAL RECORD ? SENATE 17119
(4) by striking out
"Part b--language institutes"
and inserting in lieu thereof
"Part B?institutes for advanced study in
teaching certain critical sublects".
TITLE II?FEDERAIIT AFFECTED AREAS
Amendments to Public Law 815
Sno. 201. (a) The first sentence of section
3 of the Act of September 23, 1950, as
amended (20 U.S.C. 631-645), is amended by
striking out "1965" and inserting in lieu
thereof ft1967".
(b) Subsection (b) of section 14 of such
Act is amended by striking out "1965" each
time it appears therein and inserting in lieu
thereof "1967".
(a) Paragraph (13) of section 15 of such
Act is amended by inserting "the District of
Columbia," after "Guam,".
(d) Paragraph (15) of section 15 of such
Act is amended by striking out "1962-1963"
and inserting in lieu thereof "1964-1965".
Amendments to Public Law 874
SEC. 202. (a) Sections 2(a), 3(b), and 4(a)
of the Act of September 30, 1950, as amended
(20 U.S.C. 236-244), are each amended by
striking out "1965" each place where it ap-
pears and inserting in lieu thereof "1967".
b) Section 9(8) of such Act is amended by
inserting "the District of Columbia," after
"Guam,".
Comprehensive Study
SEC. 203. The Commissioner of Education
shall submit to the Secretary of Health, Edu-
cation, and Welfare for transmission to the
Congress on or before June 30, 1965, a full
report of the operation of Public Laws 815
and 874, as extended by this Act, and his
recommendations as to what amendments to
such laws should be made if they are further
extended.
Mr. MORSE. Mr. President, I move
that the Senate reconsider the vote by
which the bill was passed.
Mr. CLARK. I move to lay that mo-
tion on the table.
The motion to lay on the table was
agreed to.
Mr. MORSE. Mr. President, I ask that
the bill be printed as passed.
The PRESIDING OFFICER. Without
objection, it is so ordered.
HOSPITAL AND MEDICAL FACILITIES
AMENDMENTS OF 1964
Mr. MANSFIELD. Mr. President, I
move that the Senate proceed to the con-
sideration of Calendar No. 1210, H.R.
10041.
The PRESIDING OFFICER. The bill
will be stated by title.
The ?CHIEF CLERK. A bill (H.R.
10041) to improve the public health
through revising, consolidating, and im-
proving the hospital and other medical
facilities provisions of the Public Health
Service Act.
The PRESIDING OPPICliat. The
question is on agreeing to the motion of
the Senator from Montana.
The motion was agreed to; and the
Senate proceeded to consider the bill.
Mr. HILL. Mr. President, H.R. 10041
would extend for 5 additional years the
hospital and medical facilities construc-
tion program of the Public Health Serv-
ice that authorizes Federal funds to be
allocated to the States to pay part of the
costs of constructing public and other
nonprofit hospitals, public health cen-
ters, long-term care facilities, rehabili-
tation facilities, and diagnostic or treat-
ment centers.
For the construction of hospitals and
public health centers and the moderniza-
tion of health facilities, a total of $840
million is authorized to be appropriated
over the 5 fiscal years 1965-69. Of that
total, $680 million is designated for hos-
pitals and public health centers and $160
million is designated for modernization.
But up to $530 million of the hospital
and public health center funds could be
transferred to modernization, depending
on the extent to which the States deter-
mine such transfer would better carry
out the purposes of the title.
In other words, this $690 million can,
under the law, be used for moderniza-
tion as predetermined by State agen-
cies. Furthermore, up to $70 million of
the modernization funds could be trans-
ferred for the construction of new hos-
pitals and public health centers, depend-
ing on the extent to which the States
determine that the need for new hos-
pitals and public health centers is greater
than the need for modernization.
For the construction of long-term care
facilities?nursing homes and chronic
disease hospitals?a total of $350 million
is authorized to be appropriated over the
5 fiscal years, 1965-69.
For the construction of diagnostic or
treatment centers, a total of $100 million
is authorized to be appropriated over the
5 fiscal years, 1965-69.
For the construction of rehabilitation
facilities, a total of $50 million is author-
ized to be appropriated over the 5 fiscal
years, 1965-69.
H.R. 10041 authorizes grants for area-
wide health facility planning in metro-
politan and other areas?$2.5 million in
fiscal 1965 and $5 million in each of the
next 4 years, with 50-50 Federal-State
matching?and permits States to use 2
percent of their allotments?not to ex-
oeed $50,000 a year?to improve and
strengthen the State administration of
the construction program on a 50-50
matching basis.
The Hill-Burton Act was originally en-
acted in 1946 as Public Law 725. Since
then a total of 7,306 projects have been
recommended by the States and ap-
proved for Federal assistance in the con-
struction of general, mental, and tuber-
culosis hospitals, rehabilitation facilities,
and diagnostic or treatment centers, and
State health laboratories. Almost
311,000 inpatient beds and 2,011 health
facilities, other than hospitals, at a total
cost of $6.7 billion have been constructed
under the program. The total Federal
share of $2.1 billion is less than one-third
of the total construction costs.
State Hill-Burton agency reports to
the Public Health Service show that $2.9
billion, including $1.2 billion in Federal
funds, would be used for the construction
of hospitals and other health facilities
during 1965 and 1966 if there were no
limitation on Federal funds under the
Hill-Burton program.
State agencies report that we still need
133,000 additional new general hospital
beds if the Nation's requirements are to
be met and it is estimated that more than
13,000 general hospital beds are re-
quired annually just to take care of the
annual increase in our population.
Of the 2,443 health service areas in the
United States, only 979, or 40 percent, are
reported by State health departments as
having met 100 percent of their general
hospital bed needs. The remaining 1,464
counties or health service areas need to
construct additions to existing hospitals
or to erect new hospitals.
The needs for modernizing existing
hospitals and health facilities are also
extensive. A 1960 study, conducted on a
sampling basis by the Public. Health
Service in cooperation with State Hill-
Burton agencies, revealed that it would
cost at least $3.6 billion to modernize and
replace existing facilities without in-
creasing the total number of beds. The
needs probably exceed $4 billion today,
and in the general hospital field alone,
the modernization requirement totals
$2.8 billion.
The Hill-Burton program is a mile-
stone in successful Federal, State, and
local grant-in-aid programs. Its success
can be measured by the network of mod-
ern and efficient hospitals which have
been built throughout the United States.
The 5-year extension authorized by H.R.
10041 would allow the program to go
forward without interruption toward
meeting the needs for hospitals and
other health and medical care facilities.
Mr. CARLSON. Mr. President, will
the Senator from Alabama yield?
The PRESIDING OFFICER (Mr. WAL-
TERS in the chair). Does the Senator
from Alabama yield to the Senator from
Kansas?
Mr. HILL. I am glad to yield to the
Senator from Kansas.
Mr. CARLSON. Mr. President, this is
one program in which we have had out-
standing cooperation between the local
community and the Federal Government.
I commend the Senator for bringing the
bill before the Senate once again. On
many occasions in the past, the Senator
from Alabama has visited with me re-
garding the program. I not only fully
support it, but I am also pleased at the
fine results which have been obtained,
not only in my own State, but also
throughout the Nation, in regard to the
construction of medical centers.
Mr. HILL. The Senator from Kansas
not only supported the program, but he
also supported it valiantly. He has been
of great help.
Mr. CARLSON. The State of Kansas
was the first State in the Union?and I
happened to be Governor of the State at
that time?to pass what was known as
the first rural health program, under
which the construction of rural medical
centers was begun. Many projects have
been built with the support of the Hill-
Burton Act.
Tomorrow, at Liberal, Kans., a medical
center will be dedicated, the result of co-
operation between the local community
and the Federal Government. For that
reason, I am happy to support the pro-
gram.
I have one question to ask the Senator:
Has there been any change in the bill on
the basis of allocation of funds to States?
Mr. HILL. Only on the basis of a mod-
ernization program. There has been a
change in that program. We have taken
Into consideration the need to modernize.
But so far as the other items of the bill
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17120 CONGRESSIONAL RECORD ? SENATE August r
are concerned, they remain the same as
they were at the beginning of the pro-
gram,.
Mr. CARLSON. This is for the con-
struction of new hospitals and medical
centers?
Mr. HILL. The Senator Is correct?
the construction of new hospitals, medi-
cal cente a, rehabilitation centers, health
centers, nursing homes, and facilities for
the treatment of chronic diseases. Nurs-
ing homes were placed in a separate cat-
egory bef are. This bill combines nursing
homes and hospitals into one category.
I bel:ieve that the Senator will realize
why that was done.
Mr. CARLSON. This is one program
that I erthuslastically support. Also it
is one program which I believe has ren-
dered outstanding service, not only to
my State of Kansas but also to every
other State in the Union.
Mr. HILL. I thank the distinguished
Senator from Kansas for the very fine
and devoted support?most effective sup-
port?which he has given this program.
Mr, STENNIS. Mr. President, will the
Senator f rom Alabama yield?
Mr. HILL. I yield.
Mr. STENNIS. I wish to add a word
of appreciation as well as commendation
to the Senator from Alabama for the
many years of hard, constructive work
which he has given to this program.
First, he is the author of the bill and
has done a great deal of followup work
in connection with it, not only in the
legislative act, but also in the appro-
priation bills, in connection with which
he has been very effective indeed.
Many Senators have contributed?and
so has the House of Representatives?to
this marvelous program. But I believe
that we ell agree that the Senator has
been the chief architect, the generalis-
simo in many of the numerous skirmishes
which the bill has brought forth.
Mr. HILL. I thoroughly agree with
the Senator that many persons have
contributed to the program. This pro-
gram has had no better, more devoted
or more effective friend than the distin-
guished Senator from Mississippi.
Mr. STENNIS. I thank the Senator.
The program deserves any support which
I can give it. Let me mention One thing
about it. My State has been one of the
chief benefactors, reaching down to the
level of tee people?the peceole at the
county level and the small town level who
could conribute their part to having a
hospital at their doorstep. That is what
distinguishes it from any other Program.
I remember that when I was a young,
district attorney, there was a candidate
for Governor in Mississippi, Paul John-
son, Sr. This was in 1935. He later be-
came Governor during World War II.
He was then advocating a State program
along the lines which would allow the
county and the town to contiebute and
the State to carry part of the burden.
This program of the Senator from Ala-
bama came along arid has filled the gap.
As the aenator from Kansas has said,
this is a perfect illustration of proper
coordination between Federal, State and
local governments. It has worked ex-
tremely well. /t has been a. fulfillment
of the dream of the gentleman who was
naming for Governor in our State many
years ago, and who later made a Very
fine Governor.
I thank the Senator from Alabama.
Mr. HILL. I believe that the Senator
agrees with me that the State can be
proud of the way it has administered
the health needs of its people.
Mr. STENNIS. It has also been of
great benefit to the medical profession,
ar.d also to the nursing profession, be-
cause it has given them an opportunity
to express themselves.
Mr. HILL. As the Senator knows, for
a doctor to carry on his work effective-
ly, he must have a hospital, and he must
have the equipment which is found there.
Mr. STENNIS. Only through this pro-
gram will the counties and the small
towns be able to continue to have the
preper medical attention and equipment
which the doctors and nurses need.
Mr. HILL. To become a doctor re-
quires a long period of time these days,
a:nd great expense. He spends 4 years in
college doing academic work. He spends
another 4 years in medical college.- He
then spends anywhere from 4 to 6 or per-
haps 8 years as an interne and in resi-
dence. After a man has had all that
education, withthe expenditure of all the
money entailed in his preparation to be
a doctor, he finally comes out of his resi-
dency. He does not wish to go into a
Loral or any other community where he
does not have the tools to do his best
work. To acquire these tools, he has to
have a hospital.
Mr. STENNIS, The Senator means
that we should merely give him the tool's
of his trade?
Mr. HILL. That is correct.
STENNIS. Does the Senator from
Vermont wish to ask a auestion?
Mr. AIKEN. No. I asked a question,
and the Senator wanted to give testi-
mony, by unanimous consent of the Sen-
ate'.
Mr. STENNIS. I yield to the Senator
from Vermont. _
Mr. AIKEN. Having spent the first
14 years of my senatorial life working
with the Senator from Alabama [Mr.
Sanaa and sometimes working for the
Senator from Alabama when he was the
chairman of the Committee on Labor and
Public Welfare, I believe that the testi-
monial which has Just been given him by
the Senator from Mississippi is well
merited.
No one in the country has contributed
more to the improved health of the peo-
ple of the United States than has the
Senator from Alabama [Mr. Hula. I
could not say more if I took an hour an
a half to say it,
Mr. HILL. Mr., President, I thank my
friend, the distinguished Senator from
Vermont, for his most generous words.
He was a member of the Senate Com-
mittee on Labor and Public Welfare at
the time the Highway Survey and Con-
struction Act was drafted. He played a
great part in drafting that law, and made
many contributions to it. Ever since the
law was enacted, he has aided the pro-
gram. He has been a stanch supporter
and great friend of the program, helping
time and again to carry the program
forward.
He certainly has my deep appreciation.
Mr. AIKEN. I thank the Senator.
Mr. DOUGLAiii. Mr. President, will
the Senator yield?
Mr.. 'HILL. I yield.
Mr. DOUGLAS. I join my colleagues
In paying tribute to the Senator from
Alabama. [Mr. Hirai He is one of the
most quietly useful Senators who ever
served in the Senate. This act is merely
one of the many contributions' which he
has made. He is named after one of the
great saints of medicine, Joseph Lister.
The shades of Joseph Lister would be
very proud of the part which his godson
has played a century later in the work
of improving pubnc health and improe-
ing the quality of hospital care.
The hospitals were at one time char-
nel houses. Joseph Lister's discovery of
antiseptic surgery transformed hospital
and surgical practice and has saved mit-
lions of lives. His godson has done more
than anyone else in the United States
to raise the level of hospital service. ,
All too often. politicians are abused:.
Their demerits are stressed, but their
constructive works are overlooked. The
Senator from Alabama [Mr. Huai and
I have not always agreed on every issue.
In my Judgment, he is one of the most
useful Members who has ever served in
the Senate.
I add my few words of tribute so that
those who read the RECORD may at least
appreciate the high opinion which we an
hold of him, and the deep affection which
we all have for him.
Mr. HILL. Mr. President, I thank the
distinguished Senator from Illinois for
his most generous words. For several
years he served on the Committee on
Labor and Public Welfare.
It was a source of regret to all mems
leers of that committee when the Senator
felt that his duties and responsibilities
forced him to leave that committee and
go to the Committee on Finance. All the
time the Senator was on the Committee
on Labor and Public Welfare, and in the
time since he has' left the committee, the
hospital health facility program has had
no better friend or stronger supporter
than the Senator from Illinois.
I am deeply grateful to him.
Mr. MORSE. Mr. President, will tha
Senator yield?
Mr. HILL. I yield.
Mr. MORSE. 11 join with Senators
AMEN, CARLSON. DOITGLAS,- and others he
thanking the Senator from Alabama
[Mx. Huai for his years of leadership in
connection with medical legislation in
the Senate. We all owe him thanks.
I have often referred to him in
speeches throughout the country as "Mr.
Health in the Senate." I appreciate very
much what he has done for hospitals in
my State and in other States across the
country.
There is one problem that I shall fleet-,
ingly mention today. But I think it
ought to be mentiened while the Senate
Is considering the bill on hospital con-
struction. I am having some material,
prepared to present to the Senate and to
the Senator. I am a little concerned
about the relationship between Federal
hospitals and city and State hospitals, in,
the matter of construction under the.
Hill-Burton Act. There is some evi-
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CONGRESSIONAL RECORD - SENATE
dence that there has not been a suffi-
cient Federal check in some places on
the expenditure of those funds to make
certain that the expenditure is wise.
I think of the city of Hartsville, S.C.,
In which I understand there is consid-
erable controversy. It is proposed to
spend Hill-Burton funds on a hospital
that is so outdated and outworn that
even a new wing would not make it a
good hospital. They ought to go outside
the city limits where there is adequate
parking space and better facilities for the
building of a new hospital. They could
find some other use for the old hospital,
such as an old folks' home, or some other
such use.
The Senator is not aware of these
problems. I have not even had time to
take them up with the Senator from
South Carolina as yet. A leading doc-
tor of Hartsville, S.C., laid the case be-
fore me recently. If the facts hold up-
and I believe they will-I seriously ques-
tion whether this is a wise expenditure
of Hill-Burton funds. The funds ought
to be spent in the building of a new hos-
pital outside the city, away from the
area where the old hospital is located.
Merely taking a look at it would con-
vince us that we should not spend more
Federal money there.
There are bound to be difficulties in
any program as expensive as this. As I
stated a few moments ago, when I pre-
sented the education bill, we know that
there are abuses connected with the pro-
gram. A mistake here and there does
, not really conflict in the great Hill-
Burton program, of which the Senator
from Alabama [Mr. HILL] is one of the
coauthors.
Mr. HILL. Mr. President, I express
my deep appreciation to the senior Sen-
ator from Oregon for his most generous
words. The Senator has been one of
the best friends of the program. He evi-
denced an interest and friendship with
the program this morning when he called
attention to a situation that had never
come to my attention. It is a situation
that undoubedly should be checked and
looked into. The Senator has evidenced
great interest in the program.
Mr. JOHNSTON. Mr. President, I ap-
preciate the remarks made by the senior
Senator from Oregon [Mr. MORSE]. I
know about the situation in Hartsville
which the Senator has mentioned.
We should be very careful in spending
additional money on a hospital that is
? located as this hospital is. It would be
much more beneficial if facilities could
be built outside the city limits. There
is plenty of space available for such pur-
pose. It would be much better to spend
the money in this manner in the long
run.
I have been identified with the Hill-
Burton Act since its beginning, when I
first came to the Senate 20 years ago. I
was on the committee, along with the
Senator from Alabama [Mr. HILL] for
several years.
I commend him also for the work he
has been doing in the years since then in
regard to health and hospitals.
I coMmend the Senator for the great
work that he has done. When I think
of hospitals, I always think of the Hill-
Burton Act, and I think of the Senator
from Alabama, who introduced the bill
and was instrumental in helping to se-
cure its passage through the Congress.
It has done a great deal of good for the
sick people in our Nation. We still have
plenty of rom for improvement in that
field. I want the Senator from Alabama
to know that he has my vote, aid, and
assistance at any time he seeks to build
greater facilities for hospitals. I again
commend him for the work that he has
done.
Mr. HILL. Mr. President, I thank the
distinguished Senator from South Caro-
lina for his kind and generous words.
He spoke of his vote, his aid, and assist-
ance. I can wholeheartedly testify to
the fact that the Senator has always
been present with his vote, his aid, and
his assistance in pushing forward these
programs, not only for hospitals, health
centers, and rehabilitation centers, but
also for nursing homes, diagnostic cen-
ters, and other programs for the public
health and the health care of our people.
Mr. SIMPSON. Mr. President, will the
Senator yield?
Mr. HILL. I yield.
Mr. SIMPSON. I join my colleagues
and associate myself in the remarks al-
ready made with respect to the work of
the distinguished Senator from Alabama
in the field of health, both physical and
mental health. I point out to Senators
that in the first session of the 88th Con-
gress the distinguished Senator from
Alabama was instrumental in chaperon-
ing through this body two far-reaching
and significant bills on mental health,
the results of which are being felt
throughout the Nation today. The Sen-
ator from Alabama is the medical con-
science of the Senate. In fact, he is the
custodian of the health of the Nation.
Mr. HILL. I thank the Senator from
Wyoming. He has been most generous.
He has spoken about the bill for mental
health and the bill for mental retarda-
tion. Those two bills had no better or
more effective friend or stronger sup-
porter in this body than the distin-
guished Senator from Wyoming. I deep-
ly appreciate his words.
The PRESIDING OFFICER. The bill
is open to amendment.
Mr. CLARK. Mr. President, from
north, south, east, and west, from Re-
publicans and Democrats alike, has come
this morning high, just, and well-de-
served praise for the senior Senator from
Alabama. I should like to join in his
praise. I think the comments of our
colleagues are all the more extraordinary
because the Senator from Alabama is
still in robust good health, and it is an
extraordinary thing to have such praise
come to one who, we hope, will live long
and flourish and continue his great work
in this body. If one were given to fancy,
one might say that the praise had come
all the way from the halls of Montezuma
to the shores of Tripoli, and that it is
justly deserved.
The bill is a good one, and I shall vote
for it. It is not as good a bill as I should
like to see, despite the earnest efforts of
the Senator from Alabama. I offer an
amendment which I send to the desk.
I ask unanimous consent that reading
17121
of the amendment be waived and that
It may be printed in the RECORD. I be-
lieve I can state its contents briefly.
The PRESIDING OFFICER. With-
out objection, reading of the amendment
Is waived and the amendment will be
printed in the RECORD.
The amendment is as follows:
On the first page of the bill, strike out
lines 3 and 4 and insert in lieu thereof the
following:
"TITLE I-HOSPITAL AND MEDICAL PAM:LITERS
"SEC. 101. This title may be cited as the
'Hospital and Medical Facilities Amendments
of 1964'."
On the first page of the bill, line 5, strike
out "SEc. 2" and insert "SEc. 102".
On page 2, line 15, strike out "SEc. 3" and
insert "SEc. 103".
On page 2, line 24, strike out "and mod-
ernization".
On page 3, line 13, strike out "AND".
On page 3, line 14, strike out "MODERNIZA-
TION".
On page 4, beginning with the word "and"
on line 8, strike out all through "(a)," on
line 10.
On page 4, line 11, strike out "$160,000,000"
and insert "$140,000,000".
On page 4, line 12, strike out "$170,000,000"
and insert "$135,000,000".
On page 4, line 13, strike out "$180,000,000"
and insert "43130,000,000".
On page 4, line 16, strike out "(1)".
On page 4, lines 20 and 21, strike out "the
new hospital portion of".
On page 5, beginning with the word "As"
on line 2, strike out all through line 22.
On page 6, beginning with the word "or"
on line 15, strike out all through line 17.
On page 9, line 3, strike out all after
"State" and insert in lieu thereof the follow-
ing: "that a specified portion of any allot-
ment of such State under subsection (a) ,
other than an allotment for grants for the
construction of public or other nonprofit re-
habilitation facilities, be added to another
allotment of such State under such subsec-
tion, other than an allotment for grants for
the construction of public or other nonprofit
hospitals and public health centers,".
On page 9, beginning with line 4, strike out
all through line 15.
'On page 10, line 1, strike out "paragraph
(1) of".
Beginning on page 10, line 10, strike out all
through line 15, page 11.
On page 11, line 16, strike out "(3)" and
insert in lieu thereof "(2) ".
On page 11, line 17, strike out "or (2)".
On page 11, line 23, strike out ", or for
modernization of facilities,".
On page 12, lines 2 and 3, strike out " or
for modernization of a facility in such other
State, as the case may be".
On page 12, lines 5 and 6, strike out "or
modernization".
On page 13, line 8, insert "and" after the
semicolon.
On page 13, strike out lines 9 through 11.
On page 13, line 12, strike out "(4)" and
insert "(3)".
On page 13, line 23, insert "and" after the
semicolon.
Beginning on page 13, line 24, strike out all
through line 2, page 14.
On page 14, line 3, strike out "(e)" and
insert "(d)".
On page 14, line 13, strike out "or modern-
ized".
On page 14, line 16, strike out "or modern-
ized".
On page 16, line 19, insert "and" after the
semicolon.
On page 16, line 24, strike out "and".
Beginning on page 16, line 25, strike out
all through line 3, page 17.
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17122 CONGRESSIONAL RI COrth - SENATE August 1
On page 17, line 4. strike out "and Modern-
ization".
On page 17, lines_ 7 and 8, strike out "or
modernization".
On page 17, line 17, strike out "or modern-
ization".
On page 18, line 14, strike out "or modern-
ization".
On page .10-, lines 18 and 19, strike out "OR
MODERNIZATION".
On page 20, line 18, strike out "or modern-
ization".
On page. 21, line 18, strike out "(e)" and
Insert "d".
On page 22, line 1, strike out "or modern-
ization".
On page 22, between lines 15 and 16, in-
sert the billowing new subsection:
"(f) No appliestion shall be approved for
the same project for which a payment has
been :made under title VIII, or for which an
application for such a payment is pending."
On page 22, line 16, strike out "CM MODERN-
IZA TION
On page 28, line 8, strike out "or moderni-
zation".
On page 28, line 11, strike out "on MODMIN-
IZATION".
On page 28, line 16, strike out "or modern-
ization".
On page 29, line 6, strike out- "or modern-
ization".
On page- 29, lines 10 and 11, strike out "or
modernization",
On page 40, lines 18 and 19, strike out "or
modernize tion".
On page 40, line 20, strike out "and mod-
ernization" and insert in lieu thereof "under
project,'.
Beginning on page 40, line 21, strike out
all througla line2, page 41.
On page 41, strike out lines 3 through 8.
On pager 41, line 9, strike out "(1)" and
insert in 1 eu thereof "(k) ".
On page 42, line 18, strike out the semi-
colon and insert in lieu thereof a period.
Beginning on page 42, line 19, strike out
all through line 4, page 43.
At the end of the bill, add the following:
"TINE II-HOSPITAL MODERNIZATION
"Sac. 201. This title may be cited as the
"Hospital Modernization Act."
"Findings
"Sec. 2C2. (a) The grants for hospital con-
struction authorized by title VI of the Public
Health Service Act have resulted, through
the assistance and stimulation given to the
States ani localities, in the construction of
many greatly needed hospitals throughout
the Nation. In accordance with the purpose
of that title, federally aided hospital con-
struction has in the main been construction
of new beds in areas suffering from a total
lack or an acute shortage of hospital facili-
ties. The geographic distribution of hospital
beds is row far better than it was when
the Hospital Survey and Construction Ace
was enacnd. Because of the rapid growth
and char ging distribution patterns of the
population, however, there continues to be
widespread need for construction of new
hospital beds. In recent years, moreover, a
further important need has developed in
the growing obsolescence of many of the
hospitals that were already in existence when
the prom am of new construction was orig-
inally prejected. Continued progress toward
the declared congressional objective, the pro-
vision of adequate hos*nital facilities for- the
people of the Nation, now requires not only
continuing and rapid addition to the number
of hospie a beds, but also the modernization,
or where necessary the replacement, of many
existing t tructures, in order (1) to improve
patient care by increasing the adequacy of
services, safety, and efficiency; (2) to keep
the Naticn's hospital plant functional in re-
lation to evolving medical practice; and (3)
to adapt the facilities to new hospital and
related medical Uses.
'e(b) There is throughout the country a
grave shentage DI nUraIng homes of high
quality, a shortage which becomes ever more
serious with the growth in the number of
aged persons. Through grants for the con-
struction of public and' other nonprofit
nursing homes, Congrees has taken steps
to increase the munbee at nursing home
bads. But many of the older institutions are
in. serious need of modernisation or replace-
ment.
e(c) The public and nenpmfit institu-
tions which are in need Of modernization
or replacement are generally unable to raise
locally the substantial sums required other-
wise than by borrowing, and though able to
glee adequate assurance of repayment,
ninny are inawilling to borrow the necessary
funds at commercial innerest rates because
of the substantial additional cost which
would be imposed on their patients.
e(d) With respect tea new construction of
blic and other nonprefit health facilities,
it is the- policy of the Congress to provide
the needed assistance in the form of capital
genets. With respect to modernization or
replacement of obsolete facilities, on the
other hand, the ,sstablitthed sources of in-
come of the institutions make practicable and
desirable a Federal program of grant and
Ioan payments. Under such a program any
payment may consist of a grant amounting
to not more than half the cost of such
modernization or replacement project, and/
or a loan without a grant or to supplement
a grant as long as the Federal share does not
exceed 80 per cent-turn of -the cost of the proj-
ect. The establishment of such a combina-
tion grant and loan pro gam, as a corollary
to the program of grants for new construc-
tion. is now essential to -the orderly and bal-
er ced development of the Nation's health
facilities.
"Amendment adding tit'e VII to the Public
Health Sen ice Act
"Sec. 203. The Public Health Service Act
(42 U.S.C. ch. 6A) is hereby amended by
adding, immediately after title VII thereof,
the following new title:
" 'TITLE VIII-GRANTS AND LOANS FOR MODERN-
IZATION OR REPIACERIEFT OF 'NOSPITALS AND
NURSING HOME'S
"'Declaration ,f purpose
"SEC. 801. The purpose of this title is to
assist, through payrnenes which consist of
grants and/or loans in the modernization
or replacement of public and other nonprofit
hospitals and nursing homes which are
necessary to the provision of adequate hos-
pital and nursing home services to the peo-
ple, but which are strurturally or function-
ally obsolete.
" Dejinieions
"'Sm. 802. As used in this title-
"'(a) The term 'hos:liter includes gen-
eral, mental, chronic disease, and other
types of hospitals and related facilities. such
RE laboratories, outpe tient departments,
lenses' homes and training facilities, and
central service facilities operated in con-
nection with hospitals but does not in-
clude any hospital furnishing primarily
domiciliary care;
"'(b) The term "nursing home" means a
facility for the accommodation of con-
valescents or other persons who are not
mutely ill and not in need of hospital care,
bet who require skilled nursing care and
related medical services- -
" '(1) which it; operated in connection
,nith a hospital; or
(2) in which such nursing care and
medical services are prescribed by, or are
performed under the general. direction of,
persons licensed to practke medicine or
surgery in the State;
"'(C) The term "public" means owned and
operated by a politicel subdivision of a
State or by an instrumentality of such a
political subdivision, or by a State univer-
sity or medical school, or by a State (in the
case of general hospitals only);
" '(d) The term "nonprofit" means owned
and operated by one or more nonprofit cor-
porations or associations, no part of the net
earnings of which inures, or may lawfully
Inure, to the bene at of any private share-
holder or individual;
"'(e) The term "modernization" means
major repair (to the extent permitted in
regulations), renovation, or remodeling of an
existing structure, and includes equipment
incident thereto, but does not include any
expansion of the structure which. increases
bed capacity by more than 5 per centum;
"'(Z) The term "replacement" means con-
struction (as defined in section 625(1) ) of
a facility designed primarily as determined
pursuant to regulations prescribed under sec-
tion 806(4), to serve the same needs as a
facility or facilities which have been or will
be closed, and does not include any con-
struction to provide bed capacity of more
than 105 per centuin of the capacity of such
closed facility or facilities;
'"(g) The term "State" includes Puerto
Rico, Guam, the Virgin Islands, and the
District of Columbia;
"(ii) The term "State agency" means the
agency designated in accordance with sec-
tion 604(a) (1);
-(1) The terms "cost of construction"
and "title" shall have the meanings, respec-
tively, prescribed in. section 625 (jy and (k)i
and
-(j) The term "Federal Hospital Coun-
cil" means the Council appointed under see-
lion 621 (a).
"'Authorization of payments
"'Sec. 809. The Surgeon General is au-
thorized to make grant and/or loan pay-
ments for the modernization or replacement
of public and other nonprofit hospitals or
nursing homes which he finds are necessary
for the provision of adequate hospital or
nursing home services to the people of the
respective States, but which are structurally
or functionally obsolete (as determined i.n
accordance with the regulations). As re-
quested in the application and se determined
by the Surgeon General to be necessary no
carry out the purpose of this Act, any such
payment may include or consist exclusively
of a grant from fueds appropriated pursuant
to section 804 in ell amount not to exceed
50 per centum of the cost of construction ter
such modernization or replacement, and may
include or consist exclusively of a loan from
funds obtained under section 805, amount-
ing to part of such cost or part of the re-
maining portion of such cost, but in no
event shall a payment consisting exclusively
of a loan, or including a grant and a loan,
exceed in amount 80 per centum of' such cost.
" 'Authorization of grant funds
"'Sze. 804. Thera is authorized to be ap-
propriated for making grants under the pro-
visions of this title the sum of $100,000,000
for the fiscal year beginning Jilly 1, 1964, and
the same sum for each of the three fiscal
years thereafter.
"'Authorization of loan funds
"'Sac. 805. (a) In order 1,0 obtain funds
for loans under this title, the Surgeon Gen-
eral may, on or after July I, 1964, from time
to time issue notes, and obligations for mir-
chase by the Secretary of the Treasury. The
maximum aggregate principal amount of
such notes and obligations outstanding at
any one time shall not exceed the sum of
$100,000,000.
"'(b) Notes or other obligations issued by
the Surgeon General under this section shall
be in such forms and denominations, have
such maturities, and be subject to such terms
and conditions as may be prescribed by the
Surgeon General, with the approval of the
Secretary of the Treasury, and shall bear
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1964
interest at a rate determined by the Secre-
tary of the Treasury which shall be not less
than the average annual interest rate on all
Interest-bearing obligations of the United
States then forming a part of the public debt
as computed at the end of the fiscal year
next preceding the issuance by the Surgeon
General and adjusted to the nearest one-
eighth of 1 per centum. The Secretary of
the Treasury is authorized and directed to
purchase any notes and other obligations of
the Surgeon General issued under this sec-
tion and for such purpose is authorized to
use as a public-debt transaction the proceeds
from the sale of any securities issued under
the Second Liberty Bond Act as amended,
and the purposes for which securities may be
issued under such Act, as amended, are ex-
tended to include any purchases of such
notes and other obligations. The Secretary
of the Treasury may at any time sell any of
the notes or other obligations acquired by
him under this section. All redemptions,
purchases, and sales by the Secretary of the
Treasury of such notes or other obligations
Shall be treated as public-debt transactions
of the United States.
"'(c) There are hereby authorized to be
appropriated to the Surgeon General such
sums as may be necessary, together with loan
principal and interest payments made under
this title, for payments on notes or other ob-
ligations issued by the Surgeon General un-
der this section. Such principal and interest
payments, if not necessary for such payments
on notes or other obligations, shall be avail-
able for loans under this title.
"'General regulations
"'Sec. 806. The Surgeon General, after
consultation with the Federal Hospital
Council and with the approval of the Secre-
tary, shall by regulation prescribe?
"'(1) the method of allotting among the
States grant and loan funds made available
under this title for each fiscal year, on the
basis of the population of the respective
States, as determined on the basis of the
latest figures certified by the Department of
Commerce, and other factors which the Sur-
geon General finds pertinent in such manner
as to reflect so far as possible the relative
need of the States for such funds for mod-
ernization and replacement of public and
other nonprofit hospitals and nursing homes;
"'(2) subject to the provisions of this
title, the terms and conditions applicable to
any funds loaned hereunder;
" '(3) the general manner in which the
State agency shall determine the. priority of
projects based on the relative degree of ob-
solescence of the various hospitals and nurs-
ing honfis within the State which are in
need of modernization or replacement, and
the relative parts which such hospitals and
nursing homes play in the provision of serv-
ices to the people of the State and such other
factors as the Surgeon General may by regu-
lation prescribe;
"'(4) criteria for determining whether a
facility proposed to be constructed is de-
signed primarily to serve the same needs as
a facility or facilities which have been or will
be closed, taking into account the population
to be served and the general character of the
services to be provided;
" '(5) supplementation for application to
replacement projects, and revision for appli-
cation to modernization projects, of the reg-
ulations relating to standards for construc-
tion and equipment issued under section
603 (b) , and of the regulations supplementary
thereto issued under section 653(a) as in
effect prior to the enactment of this Act with
respect to nursing homes; and
"'(6) supplementation and modification,
for application to projects under this title,
of (A) the regulations relating to nondis-
crimination and to services to persons un-
able to pay therefor issued under section
603(d), (B) the regulations relating to
No. 148-6
methods of administration issued under part
A of title VI, and (C) the regulations sup-
plementary thereto issued under section
653(a) as in effect prior to the enactment
of this Act with respect to nursing homes.
"'State plans
"'Sac. 807. (a) Any State desiring to take
advantage of this title may submit, as a
revision of or supplement to its hospital con-
struction plan approved under section 604
(or such plan as extended to the construc-
tion of nursing homes under section 653
as in effect prior to the enactment of this
Act), a plan for the modernization and re-
placement of hospitals, or of hospitals and
nursing homes, which meet the conditions
stated in section 801. Such plan must?
"'(1) meet the requirements of section
604(a) other than paragraphs (5), (6), and
(12) thereof (relating to the State hospital
construction program, priorities of construc-
tion, and periodic review and modification
of the construction program); and if the
plan includes nursing homes, meet the re-
quirements of section 653(a) (2) (relating
to the conformity of the State nursing home
construction program with regulations of the
Surgeon General) as in effect prior to the
enactment of this Act;
"'(2) set forth a program of moderniza-
tion and replacement of hospitals, or of
hospitals and nursing homes, which (A) is
based on a statewide survey of need and
takes into consideration any areawide pro-
gram developed in an area within (or part-
ly within) the State and approved by the
State agency, and (B) meets the require-
ments as to lack of discrimination on ac-
count of race, creed, or color, and for fur-
nishing needed hospital services to persons
unable to pay therefor, prescribed by regu-
lations issued under section 603(d) as sup-
plemented and modified for the purposes of
this title as provided In section 806(6)
above;
" ' (3) set forth, with respect to hospitals
or with respect to hospitals and nursing
homes, the relative need determined in ac-
cordance with regulations issued under sec-
tion 806(3) , for the several projects included
in such program, and provided for carry-
ing them out, insofar as the financial re-
sources available therefor make possible, in
the order of such relative need; and
"'(4) provide that the State agency will
from time to time, and in any event when-
ever an areawide program referred to in
clause (2) has been developed and approved
by the State agency, review its program and
submit to the Surgeon General any modifica-
tions thereof which it considers necessary.
" `(b) The Surgeon General shall approve
any State plan and any modification thereof
which complies with the provisions of sub-
section (a).
"'Allotments to States of grant and loan.
funds
" 808. Each State shall ? be entitled
for each fiscal year for which funds are au-
thorized under this title to an allotment,
determined in accordance with regulations
issued under section 806(1), from the
amounts made available for that fiscal year
pursuant to section 804 and section 805. The
Surgeon General shall notify each State
agency, as promptly as possible after funds
for a fiscal year are made available under
each such section, of the amount of the
State's allotment of the funds provided pur-
suant to such section, but no payment shall
be made out of the allotment of a State until
a State plan under section 807(a) has been
submitted by such State and approved by
the Surgeon General. Sums allotted to a
State under this title for a fiscal year and
remaining unobligated at the end of such
year shall remain available to such State
for the same purposes for the next fiscal
year (and for such year only), in addition
17123
to the slims allotted for such State for such
next fiscal year.
"Applications for and approval of payments
"'Sec. 809. (a) An application for a pay-
ment under this title shall be submitted,
by a public or other nonprofit agency, to
the Surgeon General through the State
agency. If two or more public or other non-
profit agencies join in the project, the appli-
cation may be filed by one or more of such
agencies.
"'(b) The application shall set forth (1)
a description of the project, including a
description of the site of the project; (2)
plans and specifications for the project which
are in accord with regulations as revised
and supplemented under section 806(5); (3)
reasonable assurance that title to the site of
the project, and to any structure thereon,
is or will be vested in one or more of the
agencies filing the application, or in a public
or other nonprofit agency which is to operate
the hospital or nursing home; (4) the
amount, if any, requested as a loan under
the provisions of this title; (5) reasonable
assurance that any financial support needed,
in addition to that furnished under the pro-
visions of this title, will be available for
carrying out the project, and that adequate
financial support will be available for main-
tenance and operation when completed, and
for payment of interest and repayment of
principal of any funds loaned, in accordance
with the terms of the loan; (6) reasonable
assurance that the operation will be in com-
pliance with applicable State standards for
operation and maintenance, and with regu-
lations as supplemented and modified under
section 806(6) relating to nondiscrimination
and to services to persons unable to pay;
(7) the estimated cost of the project; (8)
assurance that no grant has been made for
the same project under title VI, and that
no application for such grant is pending;
(9) if the project is one for replacement,
satisfactory evidence, in accordance with
regulations issued under section 806(4), that
the facility to be constructed is designed
primarily to serve the same needs as a
facility or facilities which have been or will
be closed; and (10) adequate assurance that
all laborers and mechanics employed by con-
tractors or subcontractors in the perform-
ance of work on construction assisted by
such payment will be paid wages at rates
not less than those prevailing on similar
construction in the locality as determined
by the Secretary of Labor in accordance with
the Davis-Bacon Act, as amended (40 U.S.C.
276a-276a-5), and will receive compensa-
tion at a rate not less than one and one-half
times the basic rate of pay for all hours
worked in any workweek in excess of eight
hours in any workday or forty hours in the
workweek, as the case may be. The Secre-
tary of Labor shall have, with respect to the
labor standards specified In paragraph (10)
of this subsection, the authority and func-
tions set forth in Reorganization Plan
Numbered 14 of 1950 (15 F.R. 3176; 64 Stat.
1267), and section 2 of the Act of June 13,
1934, as amended (40 U.S.C. 276c).
"'(c) Each such application shall be ac-
companied by (1) a recommendation by the
State agency of approval of the project, based
on findings that the project meets the re-
quirements of subsection (b) and that the
estimated cost of construction is reasonable;
and (2) a certification by the State agency
that the application is in accordance with
the State plan approved under section 807
(b), that funds for the project are available
from the State's allotments under this title,
and that the project Is entitled to priority
over other projects within the State in ac-
cordance with regulations issued under sec-
tion 806(3).
" '(d) The Surgeon General shall approve
such application if sufficient funds to pay
the Federal share of the cost of the project
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17124 CONGRESSIONAL
are atelier' tie from the allotment to the State,
and if the Surgeon General (A) finds that
the applination contains reasonable assur-
ance as to title, financial support, and pay-
ment of prevailing rates of wages; (B) finds
that the application is in conformity with
the State plan approved under section 807
of this title and contains an assurance that
in the op nation of the hospital or nursing
home then will be compliance with the ap-
plicable rkiquirements of the State plan and
of the rerulations prescribed under section
806(6) of this title; and (C) concurs in the
findings aid certification by the State agency
under sunsection (c). No application shall
be disapm oved because of disagreement with
the findings or certification of the State
agency until the Surgeon General has af-
forded the State agency an opportunity for
a hearing,
" '(e) Amendment of any approved appli-
cation sh all be subject to approval in the
same manner as an original application.
'"Payments
"'Sac. 110. (a) Whenever an application
has been ,pproved under section 809(d), the
Surgeon (neneral is authorized to make a
payment to the applicant in accordance with
the provisions of this title. Any loan or por-
tion of each payment which is a loan shall
(1) bear interest at a rate not less than the
rate arriv xl at by adding one-quarter of 1
per centuna per annum to the rate which
the Secretary of the Treasury determines to
be equal to the average annual interest rate
on all interest-bearing obligations of the
United States then forming a part of the
public dart as computed_ at the end of the
fiscal year .next preceding the date the ap-
plication for the loan is approved and by
adjusting the result so obtained tci the near-
est one-eighth of 1 per centum, and (2) sub-
ject to the provisions of regulations issued
under section 806(2), shall be secured in
such manner (if any) and repaid in such
installments and within such period, not
exceeding forty years, as the Surgeon Gen-
eral may determine. Subject to the provi-
sions of tnis subsection and of such regula-
tions, the amount or terms of a loan may be
modified upon approval of an amendment of
an application.
" `(b) A grant or portion of a payment
which is a grant under this title atiall be
made to the applicant in installments, each
of which hall be paid upon certification by
the State agency, based upon inspection by
It, that work has been performed upon the
project, or purchases have been made, in
accordance with the approved plans and
specificatiens, and that an installment is
due. A lean_ or portion of a payment which
is a loan under this title shall be made to
the nppli rant in such installments or in
lump sun, and in advance or otherwise as
the Surge m General may prescribe by regu-
lations. ";t the Surgeon General, atter in-
vestigatio or otherwise, has ground to be-
lieve that a default has occurred requiring
action pursuant to section 811(a) he may,
upon giviag notice of hearing pursuant to
such subsection, withhold further advances
pending action based on such hearing.
(c) If, at any time before any loan or
loan portion of a payment for a project has
been repaid in fun, any of the events speci-
fied in clause (A) or clause (B) of section
625(e) shall occur with respect to such proj-
ect, the unpaid balance of the loan shall be-
come immediately due and payable by the
applicant, and any transferee of the facility
shall be liable to the United States for such
repaymen: to the same extent as the bor-
rower. The provisions of section 609, relat-
ing to recovery of expenditures under certain
conditions., shall apply in the case of any
grant payment made under this title.
" 'Withholding of funds
" 'Sac. all. (a) Whenever the Surgeon
General, titer reasonable notice and op..
RECORD ? SENATE August t
pc rtunity for hearing to the State agency
designated in accordance with section 604.
finds (1) that the State agency is not com-
plying substantially with the provisions re-
qvired by section 807(a) to be contained in
no, plan, or (2) that any funds have been
diverted from the purposes for which they
Were advanced, or (3) that any assurance
given In an application filed under section
809 Is not being or cannot be carried out,
or (4) that there is a substantial failure to
carry out plans and specifications approved
be the Surgeon General under section 809,
or (5) that adequate State funds are not
being provided annually for the direct ad-
nenistration of the State plan, the Surgeon
General may withhold Anther advances
from all projects in the State, or from any
project or projects affected by the default
as he may determine to be appropriate un-
der the circumstances, until the default has
been corrected; and if it is not corrected he
shall reduce, by the proper amount, the
Federal share of the cost of the project af-
fected by the withholding.
" '(b) The provisions of section 608, relat-
ilia to judicial review of action by the Sur-
geon General under section 607, shall be ap-
plicable to action by him under subsection
(a) of this section.
"'Administration; general provisions
'Sao. 812. (a) In administering this title
the Surgeon General shell consult with the
Federal Hospital Colman He is authorized
to make such administrative regulations and
perform such other functions as he finds
necessary to carry out the provisions of this
title. Any such regulations shall be subject
to the approval of the Secretary.
" '(b) In the performance of, and, with re-
spect to, the functions, powers, and duties
vested in, him by' this title, the Surgeon Gen-
anti notwithstanding the provisions of any
other law, shall maintain an integral set of
accounts which shall be audited annually
by the General Accounting Office in accord-
ance with the principles and procedures ap-
plicable to commercial transactions as pro-
vided by the Govenarner t Corporation Con-
trol Act, as amended, and no other audit
shall be required: Promded, That such fi-
nancial transactions of the Surgeon General
as the making of loam and vouchers ap-
proved by the Surgeon General in connec-
tion with such financia,i transactions shall
be final and conclusive upon all officers of
the Government.
(c) In the performance of, and with re-
spect to, the functions, powers, and duties
Vested in him by this title, the Surgeon Gen-
eral notwithstanding ties provisions of any
other law,may?
" '( 1) sue and be sued;
"'(2) foreclose on any property or com-
mence any action to protect or enforce any
right conferred upon him by any law, con-
tract, or other agreement, and bid for and
ptrchase at any foreclosure or any other
sate any property in connection with which
he has made a payment pursuant to this
tile, and in the event of any such acquisi-
tion, the Surgeon General may, notwith-
standing any other provision of law relating
to the acquisition, handling, or disposal of
real property by the United- States, complete,
administer, remodel and convert, dispose of,
lease and otherwise deal With, such property:
Provided, That any such acquisition of real
property shall not deprive any State or po-
litical subdivision thereof of its., civil or crim-
inal jurisdiction in and over such property
or impair the civil rights, under the State or
local laws of the inhabitants on such prop-
erty;
'(3) enter into agreements to pay an-
nual sums in lieu of taxes to any State or
local taxing authority vrith respect to any
real property so acquired or owned;
'(4) sell or exchange at public or private
sate, or lease, real or personal property, and
sell or exchange any securities or obligations,
upon such terms as he may fix;
"'(5) obtain insurance against loss in. con-
nection with property and other assets held;
" '(6) subject to the specific limitations
in this title, consent to the modification,
with respect to the time of payment of any
Installment of principal or interest, security,
or any other term of any loan under this
title, of any contrapt or agreement to which
he Is a party or which has been transferred
to him pursuant to this title; and
" '(7) include in any contract or instru-
ment made pursuant to this title such other
covenants, conditions, or provisions as he
may deem necessary to assure that the pur-
poses of this title will be achieved.
" '(d) Section 3709 of the Revised Statutes
shall not apply to any contract for services or
supplies on account of any property acquired
pursuant to this title if the amount of such
contract does not exceed $1,000.
" In administering this title, the
Surgeon General, with the approval of the
Secretary, is authorized to utilize the services
and facilities of any executive department or
agency in accordance with an agreement with
the head thereof. Payment for such services
and facilities shall be made In advance or by
way of reimbursement, as may be agreed
upon between the Secretary and the head of
the department or agency furnishing them.
" '(f) Except as otherwise specifically pro-
vided, nothing in this title shall be con-
strued as conferring on any Federal officer or
employee the right to exercise any super-
vision or control over the administration,
personnel, maintenance, or operation of any
hospital or nursino home with respect to
which any funds have been or may be ern
pended under this title.
"Assistance in area planning
" 'SEc. 813. (a) Irk order to carry out more
effectively his duties under the Public
Health Service Act, the Surgeon General may
make grants-in-aid on such terms and condi-
tions and in such installments, and in ad-
vance or otherwise as he may determine, to
States, political subdivisions, universities,
hospitals, and other public and private non-
profit institutions or organizations, to anoint
'redeveloping and publicizing comprehensive
regional, metropolitan, or local area plans for
coordination of hospitals, nursing homes,
and other health facilities, provided that
such grants may be made only for the de-
velopment of plans specifically certified to be
needed by a State agency or agencies.
" (ti) There is authorized to be appropri-
ated for the purpose of this section the min
of $5,000,000 for the fiscal year beginning
July 1, 1983, and the same sum for each of
the three fiscal years thereafter.'
"Technical amendments
"Sac. 204. (a) Section 1 of the Public
Health Service Act nr amended, to read:
" 'Sze. 1. Titles I to VIII, inclusive, of this
Act may be cited as the "Public Health Serv-
ice Act:"
"(b), The Act of July 1, 1944 (58 Stat. 682),
as amended, is further amended by rennin-
bering title VIII (as in effect prior to the
enactment of this Act) as title IX, and by
renumbering sections 801 through 814 (as in
elect prior to the enactment of this Act),
and references thereto, as sections 991
through 914."
Mr. CLARK. I feel compelled to reg-
ister my opinion, however, that this bill
does not meet the increasingly critical
need for modernization in the Nations
older hospitals. And I hope that nest
year, the administration will recommend
to Congress legislation which will do for
the modernization of older hospitals what
the eminently successful Hill-Burton Act
has done for the construction of new
hospitals.
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CONGRESSIONAL RECORD ? SENATE 17125
While the number of new hospital beds
has been steadily increasing thanks to
the Hill-Burton program, obsolescence in
many of our older hospital facilities has
become chronic. This has occurred
? largely in our urban areas where most
of the great hospital centers are 35 to
65 years old, or even older, as in my own
home city of Philadelphia, which I be-
lieve my friend from Alabama will agree
is a very fine medical center, with fine
medical schools and some very splendid
hospitals. There are, of course, a good
many rural areas where this has been a
problem, too.
As a result of our failure to keep pace
with obsolescence, the need to modernize
our hospitals now bears a staggering
price tag and an impelling urgency. A
survey by the Public Health Service in
1960 estimated modernization needs at
$3.6 billion. In the 4 years since then,
there is every reason to believe that the
situation has further deteriorated.
With this growing problem in mind, I
last year introduced legislation on behalf
of Senators Engle, Hart, Long of Mis-
souri, Pell, Randolph, and Williams, of
New Jersey, which is a corollary to the
Hill-Burton ,program and provides for a
Federal grant and loan program that
would help the hospitals, nonprofit nurs-
ing homes, and other public and non-
profit institutions of the country mod-
ernize in order to keep their plants func-
tional in relation to evolving medical
practices and improved patient care by
increasing the adequacy of services,
safety, and efficiency.
Under my bill, a qualifying institution
may receive a Federal grant of up to 50
percent of the coct of a modernization or
replacement project and/or a loan at
going interest rates on Federal interest-
bearing obligations so long as the total
Federal contribution does not total more
than 80 percent of the cost of the project.
The bill allows a total of $400 million
in grants and a ceiling of $100 million in
loans over the 4 years of the bill's life.
The administration originally proposed
a somewhat smaller program in its re-
commended amendments to the Hill-
Burton Act. The administration pro-
posal would have, over a 5-year period,
provided $340 million in grants for mod-
ernization. This figure I view as mini-
mal. Most unfortunately the House In-
terstate and Foreign Commerce Com-
mittee in the pending bill which we are
about to pass, has reduced this program
drastically in HR. 10041, which the Sen-
ate Committee on Labor and Public Wel-
fare has reported to the Senate. The
total appropriations earmarked for mod-
ernization are but $160 million for 5
years. There are no modernization ap-
propriations authorized at all during the
first year of the program. And, in addi-
tion, nearly half of the funds earmarked
for modernization can, at State option?
and let us recall that despite the reap-
portionment decision of the Supreme
Court of the United States, the State leg-
islatures presently represent an overbal-
anced rural interest which delights in
taking it out on the great metropolitan
areas?be diverted into new construction.
As a result, the amounts that the bill in
its present form guarantees for use in
bringing our medical facilities up to date
are as follows: fiscal 1965, nothing; 1966,
$10 million; 1967, $20 million; 1968 and
1969, $30 million. These are but token
amounts, and I believe most ill advised
in relation to the demonstrated need.
The Department of Health, Education,
and Welfare Said, in its letter supporting
the original administration proposal:
The new modernization program represents
the highest priority item included in this
draft bill.
The response of Congress to the health
needs of great masses of our people must
be more than token on this score.
It is true that the bill as written is, in
theory, flexible, in that funds allocated
for construction can, at the option of
the States, be diverted to modernization.
We cannot, however, have any assurance
that significant funds will be so diverted,
for the reasons I stated a moment ago
about the rural control of State legisla-
tures in most parts of the country.
It should be remembered that the old
law permitted the use of construction
funds for modernization; despite this, we
have built up this $3 to $4 billion back-
log in modernization needs.
Unless the modernization needs of our
older hospitals are faced in the very near
future, we will soon face a problem of
monumental proportions. We need more
than a token program, and that is all we
are getting by the bill.
For this reason, I fervently hope the
administration will send up a bill next
year adequate to the task, and that my
good friend, the Senator from Alabama,
the chairman of the Subcommittee on
Health, and the author of the Hill-
Burton Act, and the chairman of the full
Committee on Labor and Public Welfare,
will turn his broad mind to the needs of
greater modernization in the great cities
of our country.
Mr. President, I ask unanimous con-
sent that there may be printed at this
point in the RECORD a short statement
dealing in a little greater detail with
what the proposed amendment does.
There being no objection, the state-
ment was ordered to be printed in the
RECORD, as follows:
STATEMENT BY SENATOR CLARE
The amendment that I am proposing would
do two things:
(a) It would strike out the provisions for
modernization where they now occur in H.R.
10041, that is, in the revision of title VI of
the Public Health Service Act.
(b) It would add a new title, title VIII,
focusing exclusively on modernization, with
greatly increased funds guaranteed for this
usage and with State allocation based on
the need for modernization. This proposed
new title consists of the substance of S. 894,
introduced earlier in this session on behalf
of Senators Engle, Hart, Long of Missouri,
Pell, Randolph, Williams of New Jersey, and
myself.
The essence of this amendment is to add
a combination grant and loan program ear-
marked specifically for the modernization of
hospitals and nursing homes. The grant
program calla for annual authorizations of
$100 million, totaling $400 million for the
4-year life of the program. The loan pro-
gram calls for a total loan fund of $100 mil-
lion. Both programs would go into effect
this fiscal year.
A qualifying institution may receive a
grant of up to 50 percent of the cost of a
project and/or a loan, so long as the total
Federal contribution does not exceed 80
percent of the cost of the project.
The allotment to the respective States
would be on the basis of population and the
need for modernization; per capita income
would not be a factor, as it is in the present
bill.
Finally, the title VI revisions of H.R. 10041
would be changed by a reduction in the fig-
ures authorized for combined construction
and modernization, by subtracting out the
present modernization allocation. The table
following summarizes the changes in title VI.
Fiscal year
Combined con-
struction and
modernization
funds in HR.
10041
Proposed funds
for construction
only, in H.R.
10041 per Clark
amendment
1965
1966
1967
1968
1969
Total
$150, 000, 000 $150,000, 000
160, 000, 000 140, 000, 000
170, 000,000 135, 000,000
180, 000, 000 130, 000, 000
180, 000, 000 125, 000,000
840, 000,000 680, 000,000
Mr. CLARK. Mr. President, I ask
unanimous consent that a statement
which I have had prepared showing a
number of examples of the needs of some
of our great urban centers for modern-
ization of public hospitals, which came
from a survey by mayors and city health
officers just conducted by the U.S. Con-
ference of Mayors and the American
Municipal Association, may be printed
at this point in my remarks.
There being no objection, the state-
ment was ordered to be printed in the
RECORD, as follows:
The following are examples of the needs of
some of our great urban centers for the
modernization of their public hospitals. The
data comes from a survey of mayors and
city health officers just conducted by the
U.S. Conference of Mayors and the Ameri-
can Municipal Association. These represent
needs which the officials of these cities feel
must be met within the next 5, or at most,
10 years.
Philadelphia: Within the city itself, 5,930
beds need modernization at a cost for beds
and other facilities of $189 million. Philadel-
phia General Hospital alone will require $30
to $35 million to bring up to standard 1,000
beds.
In the surrounding counties, an additional
$60 million should be invested, to renovate
1,835 beds.
San Francisco: The chief administrator
of San Francisco reports that 70 to 80 per-
cent of the beds in the San Francisco area are
obsolete and should be replaced. For the
modernization of the publicly supported
hospitals alone, $3,850,000 will be needed, in
addition to the complete replacement of the
major public hospital facilities, at a cost of
$23,300,000.
Detroit: Detroit and Wayne County officials
report that during the next 5 years they could
wisely spend $15 million an modernization.
Of 62 buildings of government-operated hos-
pital facilities, 46 are in need of moderniza-
tion.
Atlanta: Atlanta needs funds estimated
at $18 million for the modernization of 900
beds.
Toledo: The mayor of Toledo estimates a
need of $16 to $18 million now for moderni-
zation, plus an additional $20 to $24 million
for expansion and modernization over the
next 10 years.
Savannah: The mayor estimates that over
60 percent of the beds in metropolitan Sa-
vannah are inadequate.
Portland, Maine: This city will need at
least $1 million for modernization during
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17126 CONGRESSIONAL RECORD ? SENATE August 1
the next 5 years for its municipal facility
alone.
Portland, Oreg.: A minimum of $350.000 is
needed.
Spring deld, Two of its hospitals alone
will require $8 million over the next few
years.
New 'York City: For municipal hospitals
alone, more than $125 million is needed,
involving some 5,500 beds.
Denver: During the next 5 years, Denver
General Hospital would hope to expend $9
million "or modernization.
Cincinnati: An estimated $3 million will
be needed for modernization of the Cincin-
nati General Hospital alone.
Dade Cotuity, Fla. (Miami) : For public
hospital modernization alone, $81/2 million
will be r eeded.
Many other cities, from every section of
this country, have expressed a need for
massive amounts of Federal assistance in
moderntling their hospitals. The public
officials of these many, diverse municipali-
ties have urged the approval of a Federal
mod ernimition program of at least $100 mil-
lion a ye sr.
Mr. CLARK. Mr. President, it occurs
to me to mention again, in conclusion,
that we are seeing again one of the sad
lessons of the long, drawn-out filibuster
on the civil rights bill. Here is a prob-
lem involving modernization which, in
my opinion, should have been considered
in depth in committee.
The amendment which I have proposed
should have been fully debated on the
floor. I have the perhaps unduly optimis-
tic hope that if that had been done, with
the help of the Senator from New Jersey
Wiememsl, whom I see in the,
Chamber, the Senator from Illinois [Mr.
DOUGLAS], the Senator from Oregon [Mr.
Memel and a number of Senators on
the other side of the aisle, we would have:
been able to amend the bill and provide,
adequate funds for hospital moderniza-
tion. We do not dare do it now because:
we hare a shotgun at our heads from
the Hcuse of Representatives, and we
face the fact that the Congress will
shortly adjourn. We must take the
House oill or else. If we do not take it,
or if the Senate adds an amendment
providing for modernization, we will find
ourselves not able to go to conference
because of the House Rules Committee.
If we get to conference, there will be
a stalemate, and no bill will be enacted.
This is a lesson we have been learn-
ing. !tramps we have not been learn-
ing it. This is a lesson for all to read
ever siace the civil rights bill was voted
upon. We legislate in haste and repent
in leisure.
The record of Congress, good as it is
turning out to be, is far more inadequate
than it could have been and should have
been if we had had the time to consider
these Measures. Since consideration of
the civil rights bill, to refer to the Senate
as the greatest deliberative body in the
world is only to evoke laughter, in my
opinion, because we rush bills through
committee, without adequate committee
and fieor consideration. The result is
that, while the legislative record is bet-
ter than none, we are not doing the job
we were called upon to do. In other
words, we are hamstrung by our own rules
of proeedure; we are hamstrung by the
filibuster, we are hamstrung by the
House,
In conclusion, let me say that it is
as difficult to vote against the Hill-
Burton Act and against this bill as it is
to be in favor of sin.
Before yielding the floor, I assure my
friend the majority leader and the Sena-
tor in charge of the fall that I shall with-
draw my amendment
I should like to ask my friend from
Alabama one question, if he is willing to
reply. Has my more or less eloquent plea
in support of greater consideration for
modernization of hospital needs of our
great urban centers made somewhat of
a "dent" on my friend from Alabama so
that, come the early days of January
7.965, we can look forward to perhaps
a little more favorable consideration of
ihe needs than the Senator from Ala-
bama was able to give them this year?
Mr. HILL. The Senator from Alabama
will be delighted to consider any further
proposals with reference to moderniza-
tion. The Senator from Alabama wishes
to do anything he can to meet the needs
of modernization. I want to say to the
Senator from Philadelphia--
Mr. CLARK. Pennsylvania.
Mr. HILL. Pennsylvania. I am sorry.
The reason I said "Philadelphia" was
ehat under this bill $530 million can be
transferred to modernization, in addle
eion to the $160 million specifically ear-
marked for modernization. In other
words, it is possible. under the bill, to
have $690 million for modernization.
I take it the Senaeor feels that in his
State of Pennsylvania, his State health
agency, which makes the determination
as to the distribution of these funds, will
not go very far so far as transferring of
funds for modernization is concerned.
But under the bill it is clearly possible to
have some $690 million for moderniza-
tion.
Although this bill is not altogether
what I would have it, it is no small meas-
ure. It authorizes, over a 5-year period,
appropriations of $1,362,500,000. So it
goes a pretty long way in the field of hos-
pitals and other health facilities.
I was in New York about 2 weeks ago.
I saw the tremendous wealth there, and
therefore the possibility of perhaps doing
more than they have done in the field of
modernization. This is true of most of
the large cities. I would like to see the
Federal Government do more, but I want
to emphasize that the bill takes a good
step forward, with $690 million made
available for modernization, and with an
overall authorization of $1,326,500.
Mr. CLARK. I thank my friend for his
candid reply. I should like to reiterate
what I said earlier?that the total
amount guaranteed for modernization in
this bill over a 5-year period is $90 mil-
lion. The administration would have
made available, over a 5-year period,
$340 million. In my opinion, that
amount is entirely inadequate. So I
think it is going to be a good, long, dry
year before there is provided for modern-
ization one-tenth of what is needed. It is
true that a greater amount is possible for
modernization if money is taken away
from construction for new hospitals,
which every State wants to see built.
Mr. HILL. Under the bill, a State
agency has to make the decision on the
needs. I am not here to draw an incliDt-
ment against the State agencies. They
have been doing a good job. I would
congratulate them on the job. Where
they feel there is a greater need :for mod-
ernization than for new construct' en,
they can render a decision for modern-
ization.
Mr, CLARK. The Senator from Ala-
bama has long been a sincere advocate
of States rights. I have raised an eye-
brow at the sanctity of that particular
doctrine, having been mayor of the great
city of Philadelphia for 4 years, and h ty-
ing had to deal with an adverse legisla-
ture and Governor. Knowing the situa-
tion in Pennsylvania, which I know is
true of many parts of the United Stares,
if we wanted to get something for Pitts-
burgh or Philadelphia out of the legis-
lature at Harrisburg, we would sweat
blood.
Again, I thank the Senator for his c )n-
sideration. I am confident he will give
consideration to this matter with an
open mind. I hope the administration,
or someone in the administration, Will
read the CONGRESSIONAL RECORD, and t tat
when the administration comes forward
with its program next year?and I re-
fer particularly to the Department of
Health, Education, and Welfare, as well
as the White House?it will pay some at-
tention to the requirements of the cities
of America.
Mr. President, I withdraw my amend-
ment.
The PRESIDING OFFICER. the
amendment is withdrawn.
Mr. JAVITS. Mr. President, the Na-
tional Defense Education Act is one of
the most successful examples of Federal-
State cooperation in meeting the Nation's
urgent needs. I have supported this Pro-
gram and I have urged that it be ex-
tended and expanded to meet the needs
created by our growing population.
The extension of the National Defense
Education Act for 3 years gives a Very
necessary measure of stability to this
vital program. There has been an in-
creasing recognition throughout the
country that substantial assistance Must
be given to bolater the higher educa tion
system and its capability in the y ears
ahead to train and develop the talent
essential to free world leadership.
In this bill the student loan Program
has been substantially increased in total
amount and its scope broadened. This
will make it possible for additional thou-
sands of students to continue and com-
plete their college education. Ace rat-
once of my proposal to extend eligibility
for loans to some part-time students cow
makes it possible to assist many a youth
who is working his way through college.
I welcome the broadening of title III
by the addition of English and other new
subjects which are vital for our Na lion
including an emphasis on the study of
international affairs to the importance
of which I had called attention in ccm-
mittee discussions.
Extending the National Defense Edu-
cation Act gives assurance also of con-
tinued Federal support for the language
and area centers in which we have made
a heavy investment. By increasing the
number of fellowships, it also means that
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CONGRESSIONAL RECORD ? SENATE 17127
the supply of linguists, mathematicians,
engineers, scientists, and teachers will
not be slowed down at a time when our
national need for such skilled manpower
is growing. In the face of booming col-
lege enrollments and galloping costs, the
extended and expanded National De-
fense Education Act provides an enor-
mous opportunity for constructive
action.
Mr. *President, the Hill-Burton Act is
another fine example of successful
Federal-State cooperation.
We need more new hospitals and other
medical facilities and. a very essential
provision is now made in the Hill-Burton
Act for modernizing and improving older
existing facilities so as to keep pace with
the demands of modern medicine. An
Important measure of flexibility in the
use of the construction and moderniza-
tion allocation is also provided in this
amended bill.
Mr. President, I have for many years
struggled to have eliminated from the
Hill-Burton Act one of the last overt
vestiges of the constitutionally invali-
dated separate-but-equal doctrine. Sec-
tion 622(f) of the act; as enacted in 1944
and as it is still on the books, requires
that State plans under the act provide
for adequate hospital facilities "without
discrimination on account of race, creed,
or color," and that the applicant shall
give assurance to the State that the
facilities will be available without such
discrimination; but the section goes on
to make an exception "where separate
hospital facilities are provided .for sep-
arate population groups, if the plan
makes equitable provision on the basis of
need for facilities and services of like
quality for each such group."
Since the 1954 Supreme Court school
desegregation decision, there has been
little doubt that 'the separate-but-equal
language of section 622(f) violates the
5th and 14th amendments as a denial of
equal protection of the laws in federally
and State-supported hospitals. I have
repeatedly introduced bills to repeal that
language and have moved amendments
to various appropriation and authoriza-
tion bills which would have achieved the
same effect. All have been without re-
sult, and the Department of Health, Edu-
cation, and Welfare has continued to
approve applications for segregated hos-
pitals and facilities under that provision.
Early this year the Court of Appeals
for the Fourth Circuit held that the pro-
vision was unconstitutional in the case
of two 'Hill-Burton hospitals in North
Carolina, and the Supreme Court denied
certiorari. I then attempted unsuccess-
XURy, to learn from HEW what they pro-
POseti to do with their regulations in view
of the fourth arauit decision. It has
been my position throughout- that lo
further legislation was necessary except
to remove the invalid language from the
beek..5; even without legislation the ex-
ecutive branch has a clear obligation, in
rely -judgment, to disregard unconstitu-
tional legislative directions and to en-
force the law in accordance With con-
stitutional requirethents.
In the amended Hill-Burton measure
proposed to the Congress by theEicecn-
tive early this year, the 'Separate-but-
equal language was eliminated from what
was now section 603(e) of the act. As
the measure was passed by the House,
and as it is now reported to the Senate by
the Labor and Public Welfare Commit-
tee, both the separate-but-equal lan-
guage and the antidiscrimination lan-
guage which had preceded it are elimi-
nated from the act. What is left is the
requirement that a State plan shall pro-
vide adequate hospitals and facilities
"for all persons residing in the State"
and that assurance shall be received by
the State from the applicant that the
federally aided facility "will be made
available to all persons residing in the
territorial area of the applicant."
By this circuitous route we have at last
brought the words of the Hill-Burton
Act into line with the Constitution. The
language now left in the act will be al-
most identical with language in the Li-
brary Services Act, which the Depart-
ment has for some time interpreted as
permitting it to require that facilities, to
receive Federal aid, must be nonsegre-
gated.
However, whatever was done with this
language, racial segregation in hospitals
built and modernized with Federal tax
moneys would have had to come to an end
because of title VI of the Civil Rights Act
of 1964, which set the policy for the en-
tire Federal Government. With the
doubly invalidated separate-but-equal
language now deleted from the Hill-Bur-
ton Act itself, there should be rapid ac-
tion by HEW to make the Constitution a
reality in this most important area of
health services. In this connection, I
was pleased to note in the press a meet-
ing held at HEW this week at which
Plans to desegregate Hill-Burton facil-
ities were discussed with representatives
of national health organizations.
A long campaign here in the Senate
now ends successfully but begins on the
level of implementation. The play "The
Death of Bessie Smith" relates Poign-
antly the story of the Negro singer who
was turned away from an all-white hos-
pital and died. At last we will begin to
make such tragedies a matter of past
history.
The PRESIDING OFFICER. The bill
Is open to further amendment.
If there be no amendment to be pro-
posed, the question is on the third read-
ing.
The bill (H.R. 10041) was ordered to
a third reading, and was read the third
time.
The PRESIDING OFFICER.. The bill
having been read the third time, the
question is, Shall it pass?
The bill was passed.
Mr. MANSFIELD. Mr. President, I
mov.e to reconsider the vote by which the
bill was passed.
Mr. HILL. Mr. President, I move to
lay that motion on the table.
The motion to lay on the table was
agreed to.
EXTENSION OF TIME FOR COM-
MITMENT OF CONSTRUCTION
RESERVE FUNDS
Mr. MANSFIELD. Mr. President, /
move that the Senate proceed to the con-
sideration of Calendar No. 1188, S.
2995.
The PRESIDING OFFICER. The bill
will be stated by title for the informa-
tion of the Senate.
The LEGISLATIVE CLERK. A bill (S.
2995) to amend section 511(h) of the
Merchant Marine Act, 1936, as amend-
ed, in order to extend the time for com-
mitment of construction reserve funds.
The PRESIDING OFFICER. The
question is on agreeing to the motion of
the Senator from Montana.
The motion was agreed to; and the
Senate proceeded to consider the bill.
The PRESIDING OFFICER. The
bill is open to amendment. If no amend-
ment is to be proposed, the question is
on the engrossment and third reading of
the bill.
The bill was ordered to be engrossed
for a third reading, was read the third
time, and passed, as follows:
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That the
proviso at the end of section 511(h) of the
Merchant Marine Act, 1936, as amended, is
emended to read as follows: "Provided, That
until January 1, 1965, in addition to the ex-
;tensions hereinbefore permitted, further ex-
tensions may be granted ending not later
than December 31, 1965."
SEC. 2. The amendment made by the first
section of this Act shall take effect Decem-
ber 31, 1964, or on the date of enactment of
this Act, whichever date first occurs.
Mr. MANSFIELD. Mr. President, I
ask unanimous consent to have printed
in the RECORD an excerpt from the re-
port (No. 1252) , explaining the purposes
of the bill.
There being no objection, the excerpt
was ordered to be printed in the RECORD,
as follows:
PURPOSE OF THE BILL
The bill would extend until December 31,
1965. the period during which construction
reserve funds established under section 511
of the Merchant Marine Act of 1936, as
amended, must be expended or committed
for new vessel construction. If the period
is not extended, Federal income taxes would
have to be paid on the amount of money
In such funds.
While the bill is general legislation, its
provisions are applicable only to some $11
million of construction reserve funds of the
American-Hawaiian Steamship Co. The
company, since 1961, has been involved in
proceedings before the Department of Com-
merce seeking ship mortgage insurance for
the construction of modern container vessels
for use in the intercoastal trade. The com-
pany's latest application was filed March 23,
1964, and it does not seem likely that all the
details involved in the construction of those
vessels and the commitment of the funds
can be completed before the December 31,
1964, deadline of the existing law.
BACKGROUND STATEMENT
American-Hawaiian Steamship Co. was for
many years an active operator in the Inter-
coastal trades of the United States. Its fleets
were taken over by the Government in both
World Wars I and II. Strenuous efforts were
made, following World War II, to continue
In this trade. Finally, in 1953, the company
ceased operations, and began research to de-
velop a new type of vessel to counter the
high oasts of old-style break-bulk opera-
tions.
In 1981, after its application for mortgage
insurance on three container ships of ad-
Tanned design was denied by the Maritime
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17128 CONGRESSIONAL RECORD ? SENATE August 1
Administrator, American-Hawaiian sought
and was granted a 1-year extension, until
December 81, 1962, for consideration Cf
possible further plans for reentry into the
shipping trade. Invited later to..reapply fcr
the desired insurance, the company submit-
ted a tew application for insurance on lac-
vember 17, 1981, to cover three 'Container
ships proposed to be constructed for opera-
tion in the intercoastal trade between U.S.
east and west coast ports. Public hearings
were held on the application in San Fran-
cisco, n zramencing August 26, 1962, and were
conciud ed on October 25, 1962, in Washing-
ton, D.O. The initial decision of the Chief
Examiner, Maritime Administration, rendered
on Apr .1 8, 1963, found that the projected
service appeared to be economically sound,
and that its impact on other water carriers,
in the trade did not appear to be serious
enough to warrant denial of the application
in light of the probable benefits to the do-
mestic eonamerce of the country.
However, on October 2.4, 1963, the Mari-
time Administrator denied the company's
application for Government mortgage insur-
ance, on the ground that the proposed serv-
ice would not be economically sound, that
It would have an adverse impact on other
water carriers in the intercoastal trade, and
would is adverse to the promotion and de..
velopraent of the American merchant marine.
Secretary of Commerce Hodges, while con-
curring in, the denial of the application,
suggested that the Commerce Departmena
would give consideration to a revised appli-
cation oased on Government insurance of
not more than 50 percent of the estimated
total cost of the vessels, if the company
desired to submit a such revised application.
On October 24, 1963, the company informed
the Maritime Administrator that it accepted
the inv tation to revise its application for
mortgage insurance and the revised applica-
tion wet: filed on March 23, 1964.
It seems clear that it will not be possible
to complete all the details involved in this
undertaking before the December 31, 1964,
deadline created under existing law, and
the committee therefore recommends an-.
other 1- year extension.
The committee has approved these re-
quests for five successive annual extensions
because of its belief that the applications
of American-Hawaiian were entitled to con-.
sideration on their merits, without the un..
position of a severe and arbitrary legal dead-
line.
American-Hawaiian's proposal for the con-
structio a of rfew vessels for the intercoastaii
trade is the first such move in many year;;
and is -herefore, of special interest to the
committee. The committee believes that if
the ape lication for mortgage insurance ic.
approval, the company should have sufficient
time to legally commit its construction re-
serve funds without suffering the $2.5 million
tax pen thy that would be imposed by the
January 1, 1965, deadline under present law
However, the committee is understandably'
not anx.ous to face the same legislation for
the sam 3 reasons at the same time next year.
Five annual extensions ought to provide
enough time for resolving the issues in this
case once and for all.
COST OF THE LEGISLATION
The till does not involve or require any
increase in expenditures by any agency of the
Governe rent. However, its overall revenue
effect is more complex. Since the legislation
would extend for an additional year a special
tax ben( fit accruing to funds in a construc-
tion reserve fund, it would relieve the com-
pany involved of a potential liability for
payment of approximately $2,500,000 in taxes.
This tea liability would be due only if the
construction reserve funds were not com-
mitted for the construction of new vessels
before tie deadline. Enactment of bill and
subsequont investment of these construction
reserve funds in new vessels would produce
income-earning, tax-paying properties,
which, as the report of the Department of
Commerce indicates, could produce $4,800,000
in additional taxes over the life Of the vessels.
THE CALENDAR
Mr. MANSFIELD Mr. President, I
ask unanimous consent that the Senate
proceed to the consideration of Calendar
No. 1211, S. 2552, and the remaining
bills on the calendar to which there is
no objection, in sequence,
The PRESIDING OFFICER. Without
objection, it is so ordered.
EXEMPTION OF OCEANOGRAPHIC
RESEARCH VESSFI,S FROM APPLI-
CATION OF CERTAIN VESSEL IN-
SPECTION LAWS
The Senate proceeded to consider the
bill (S. 2552) to exempt oceanographic
research vessels from the application of
certain vessel inspection laws, and for
other purposes, which had been reported
from the Committee on Commerce, with
an amendment, to strike out. all after
the enacting clause and insert:
That, as used in tins Act--
(1) the term "oceanographic research ves-
sel" means a vessel which the Secretary of
the department in which the Coast Guard is
operating finds is operated in the public in-
terest by being employed exclusively in sci-
entific research, or instruction in oceanog-
raphy or limnology, or both; and
(2) the term "scientific personnel" means
persons who are aboard a vessel solely for
the purpose of engaging in scientific re-
search, instructing, or receiving instruction,
in oceanography or limnology.
Sac. 2. An oceanographic research vessel
shall not be considered a passenger vessel,
a vessel carrying passengers, or a passenger-
carrying vessel under the provisions of the
laws relating to the inspection and manning
of merchant vessels by reason of the carriage
of scientific personnel.
SEC. 3. Scientific personnel on an oteano-
graphic research vessel shall not be con-
sidered seamen under the provisions of title
53 of the Revised Statutes and Acts amenda-
tory thereof or supplenaentary thereto.
SEC. 4. If the Secretary of the department
in which the Coast Guard is operating de-
termines that the application to any oceano-
graphic research vessel of any provision of
'title 52 or title 53 of the Revised Statutes,
or Acts amendatory thereof or supplementary
thereto, is not necessary in the public in-
terest, he may by regulation exempt any
.such vessel from such provision, upon such
terms and conditions as he may specify.
The amendment was agreed to.
The bill was ordered to be engrossed
for a third reading, was read the third
time, and passed.
CONVEYANCE OF CERTAIN LANDS
TO CITY OF SAKMAN, ALASKA
The bill (Ha. 8523) to authorize the
conveyance of certain lands to the city
of Saxman, Alaska, was considered, or-
dered to a third reading, read the third
'Arne, and passed.
Mr. MANSFIELD. Mr. President, I
ask unanimous consent to have printed
in the RECORD an excerpt from the re-
Port (No. 1249), explaining the purposes
of the bill.
There being no objection, the excerpt
was ordered to be printed in the Rum),
as follows:
PURPOSE
HR. 8523, introduced by Congressman
RIVERS of Alaska, will authorize the trustee
of the city of Seaman, Alaska, under the
direction of the Secretary of the Interior,
to sell the 328 acres of land within the town-
site of the city that are unoccupied and not
held in trust for an Indian or Eskimo un-
der existing law.
NEED
An Indian vinage was established at the
site of the city of Seaman in 1894. The
area was surveyed and the plat for "Seaman
Municipality (Seaman Indian Village)
Alaska" accepted. by the General Land Office
in 1929. In 19830 the Government issued
a patent for 364.97 acres of land to the town-
site trustee subject to the provisions of the
act of May 25, 1926 (48 U.S.C. 355a-34.5d)?
Section 3 of the 1926 act authorizes the
Secretary of the 3:nterlor to issue to a truateee
patent to public lands claimed and occupied
as a native town or village and further pro-
vides that the trustee shall convey to the
individual Indians or Eskimos the lands
claimed or occupied.
The committee has been advised that the
patent issued to the trustee in 1990 em-
braced more land than was actually occupied
by Indians or Eskimos at that time. .The
committee was further informed that there
are now approximately 328 acres unoccupied
and not held in 'trust for an Indian or Eski-
mo under the above-mentioned 1926 act.
The Department of the Interior has taken
the position that the townsite trustee has
no authority to sell lands to nonnative pur-
chasers. H.R. 8323 is designed to provide
the authority whereby any land in the city
of Seaman that is not occupied and is not
held in trust for an Indian or Eskimo under
the 1926 act may be sold.
The committee believes that enactnient
of this bill is one of the necessary steps
toward the development of the State of
Alaska and its transition from territorial
status to full staiehood.
COST
No increase in budgetary requirements is
involved in HR. 6523.
CERTAIN LAND PREVIOUSLY CON-
VEYED TO CITY OF FAIRBANKS,
ALASKA
The bill (HR. 8654) to terminate a
restriction on use with respect to certain
land previously conveyed to the city' of
Fairbanks, Alaska, was considered, or-
dered to a third reading, read the third
time, and passed.
Mr. MANSFIELD. Mr. President, I
ask unanimous consent to have printed
In the RECORD an excerpt from the re-
port--No. 1250--explaining the purposes
of the bill.
There being no objection, the excerpt
was ordered to be printed in the RECORD,
as follows:
PURPOSE
H.R. 8654, which was introduced by Con-
gressraan alavans of Alaska, will release the
mineral reservation retained by the United
States in 1.2 acres of land previously con-
veyed to the city of Fairbanks and, at ,the
same time, remove the restriction that pro-
hibits the use of the land for other than
school purposes.
NEED
By the act of June 1, 1948 (62 Sat. 283),
the United States released and relinquished
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CONGRESSIONAL RECORD ? SENATE
to the city of Fairbanks. Alaska, for school
purposes a lot comprised of 1.2 acres of land,
subject to a reservation in the United States
of all mineral rights together with the right
to prospect for, mine, and -remove the min-
erals.
The land relinquished to the city under
the 1948 act is currently being used as a
school playground and is within an area that
has been approved for development as an
urban renewal project under title I of the
Housing Act of 1949 (63 Stat. 413), as
amended.
Under the urban renewal plan the land
used as a school playground will be utilized
for residential purposes under arrangements
that have been made for the developer to
provide the city of Fairbanks with a substi-
tute site for the playground. However, the
city does not have the atithority to make the
exchange because of the specification in the
1948 act that the land be used for school
purposes.
The Geological Survey of the Department
of the Interior states that the land is not
valuable for mineral development. None-
theless, no matter how remote such de-
velopment might be, the presence of the
mineral reservation precludes financing for
a residential development.
The committee has also been informed
that at the time the city of Fairbanks was
developed under the townsite laws, minerals
were not reserved generally. Accordingly all
the lands adjacent to the school playground
are owned without mineral reservation.
Enactment of HR. 8654 will remove the
restriction on use of the property and permit
the city of Fairbanks to go forward with the
urban renewal project.
WEr
No Increase in budgetary requirements is
involved in H.R. 8654.
GRAFF HOUSE SITE FOR INCLUSION
IN INDEPENDENCE NATIONAL
HISTdRICAL PARK
The Senate proceeded to consider the
bill (H.R. 988) to authorize the Secre-
tary of the Interior to acquire the Graff
House site for inclusion in Independence
National Historical Park which had been
reported from the Committee on In-
terior and Insular Affairs, with an
amendment on page 2, at the beginning
of line 20, to strike out "Act." and insert
"Act: Provided, That the Secretary of
the Interior shall not obligate or expend
any moneys herein authorized to be ap-
propriated for acquisition of the land
unless and until commitments are ob-
tained for donations in an amount
which in the judgment of the Secretary
Is sufficient to provide a replica of the
Graff House in accordance with sec-
tion 2,"
The amendment was agreed to.
The amendment was ordered to be en-
grossed and the bill to be read a third
time.
The bill was read the third time, and
passed.
Mr. MANSFIELD. Mr. President, I
ask unanimous consrent to have printed
in the RECORD an excerptfrom the report
(No. 1279), explaining the purposes of
the bill. ?
There being no objection, the excerpt
Was ordered to be printed in the RECORD,
as follows:
PURPOSE
The purpose of 11.11.988 is to authorize the
Secretary of the Interior to acquire the site
of the house, known as Graft House, in down-
town Philadelphia in which Thomas Jeffer-
son drafted the Declaration of Independence
during the fateful days of June 1'776, and to
provide for the erection, with donated funds,
of a replica of that house. The site and
house then will become a part of the Inde-
pendence National Historical Park in Phila-
delphia.
The reconstructed building will be devel-
oped as a living library, housing documents
of freedom from all over the world; a center
of learning in which scholars, teachers, and
students may have access to and utilize
source materials documenting man's strug-
gle for freedom and independence.
The authenticity of the reconstruction will
be assured through supervision by historians,
scholars, and archeologists.
A Senate companion bill to HR. 988, name-
ly S. 605, was sponsored by the two Senators
from Pennsylvania, Senator JOSEPH CLARK
and Senator HUGH SCOTT, and was considered
by the committee prior to passage of the
House bill.
THE COMMITITE AMENDMENT
The committee adopted an amendment
drafted at its request by the National Park
Service to make certain that before any
Federal money is spent for acquisition of the
site, sufficient funds from private sources
will have been donated or committed to in-
sure demolition of the existing structure and
construction of a replica of the Graff House.
Accordingly, on page 2, line 20, the following
proviso was added to the appropriation au-
thorization and limitation:
Provided. That the Secretary of the Inte-
rior shall not obligate or expend any moneys
herein authoriied to be appropriated for ac-
quisition of the land unless and until com-
mitments are obtained for donations in an
amount which, in the judgment of the Secre-
tary, is sufficient to provide a replica of the
Graff House in accordance with section 2.
BACKGROUND OF LEGISLATION
Independence National Historical Park was
authorized by act of Congress in 1948 and was
established in 1956. It includes Independ-
ence Hall, where the world-famed Declara-
tion itself was signed, and a number of other
structures closely associated with the Amer-
ican Revolution and the early history of the
United States. The Graff House site and re-
production will be a worthy addition to this
site which attracts hundreds of thousands
of visitors annually.
That the Graff House was the place in
which the Declaration of Independence was
drafted is attested to by Jefferson himself in
letters which are set forth below. The build-
ing itself stood until 1883, but now a short-
order lunchroom occupies the site, which is
situated at the southwest corner of Seventh
and Market Streets.
The Philadelphia National Shrines Park
Commission which, under authority of the
act of August 9, 1946 (60 Stat. 972), investi-
gated the proposal to establish a Federal
park area in Philadelphia, reported that the
Graff House site, only two blocks from Inde-
pendence Hall, was one of the most notable
historic sites of the world. The commission
recommended that it be included as project D
of the park, but the recommendation was
not accepted by the Congress in the 1948 au-
thorizing act.
Since then, the legislative proposal has
been considerably limited and tightened.
AS stated, under the terms of H.R. 988 as
amended, Federal funds would be used only
-for acquisition of the site itself, and then
only if private funds were available or com-
mitted to reconstruct, in authentic detail,
the historic honse. ;ix the 8'7th Congress,
Senators CLARK and SCOTT introduced a but
5. 2859, for acquisition of the Graff House
site, but no action was taken.
17129
The committee held public hearings on S.
605, and no opposition of substance to the
measure was heard.
PORT BOWIE NATIONAL HISTORI-
CAL SITE, ARIZONA
The Senate proceeded to consider the
bill (S. 91) to authorize the establish-
ment of the Fort Bowie National Histo-
rical site, Arizona, which had been re-
ported from the Committee on Interior
and Insular Affairs, with an amendment,
on page 2, line 23, after "SEC. 4.", to
strike out "There are hereby authorized
to be appropriated such sums as are nec-
essary to carry out the purposes of this
Act." and insert "There is hereby au-
thorized to be appropriated a sum not
to exceed $550,000 to carry out the pur-
poses of this Act: Provided, however,
That not more than $15,000 shall be
expended for the acquisition of the pri-
vate lands included within the exterior
boundaries of the proposed historic
site."; so as to make the bill read:
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That, the
Secretary of the Interior is authorized to
designate, for preservation as the Fort Bowie
National Historic Site, the site and remain-
ing historic structures of old Fort Bowie,
situated in Cochise County, Arizona, togeth-
er with such additional land, interests in
land, and improvements thereon, as the Sec-
retary in his discretion may deem necessary
to accomplish the purposes of this Act:
Provided, That the Secretary shall designate
no more than one thousand acres for inclu-
sion in said site.
Sec. 2. Within the area designated pursu-
ant to section 1 hereof, the Secretary of the
Interior is authorized, under such terms,
reservations, and conditions as he may deem
satisfactory, to procure by purchase, dona-
tion, with donated funds, exchange, or other-
wise, land and interests in land for the na-
tional historic site. When the historic
remains of old Fort Bowie and all other
privately owned lands within the aforesaid
designated area have been acquired as pro-
vided in this Act, notice thereof and of the
establishment of the Fort Bowie National
Historic Site shall be published in the Fed-
eral Register. Thereupon all public lands
within the designated area shall become a
part of the Fort Bowie National Historic
Site.
Sec. 3. The Fort Bowie National Historic
Site, as constituted under this Act, shall be
administered by the Secretary of the In-
terior as a part of the national park sys-
tem, subject to the provisions of the Act
entitled "An Act to establish a National Park
Service, and for other purposes", approved
August 25, 1916 (39 Stat. 535), as amended,
the Historic Sites Act of August 21, 1935
(49 Stat. 666), and all laws and regulations
of general application to historic areas with-
in the national park system.
Sm. 4. There is hereby authorized to be
appropriated a sum not to exceed $550,000 to
carry out the purposes of this Act: Provided,
however, That not more than $15,000 shall
be expended Dor the acquisition of the pri-
vate lands included within the exterior
boundaries of the proposed historic site.
The amendment was agreed to.
The bill was ordered to be engrossed
for a third reading, was read the third
time, and passed.
Mr. MANSFIELD Mr. President, I
ask unanimous consent to have printed
In the RECORD an excerpt from the re-
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17130 CONGRESSIONAL RECORD - SENATE August I
port (No. 1280). explaining the purposes
of tilt bill.
There being no objection, the excerpt
was ordered to be printed in the Rream,
as fo3lows:
PURPOSE
Tile purpose of S. 91 is to preserve :roe
future generations the site and remaining
historic structures of Fort Bowie and ascii
additional land, interest in land, and in-
prove;nents thereon as is deemed necessary
to preserve the fort.
A &miler measure, H.R. 946, was favorably
reported by the House Interior and Insular
Affairi Committee on March 25, 1964.
Pon Bowie was named for George Wash-
ington Bowie, 1824-1901, a native of Mont-
gamer y County, Md., whose military record
Is as follows:
Commissioned. 1st lieutenant, U.S. Army,
at Burlington, Iowa, Apri: 1, 1847, where he
was aisigned to the 15th U.S. Infantry; pro-
motec to captain July 20, 1847; brevet major
for gs Rant and meritorious conduct at the
battles of Contreras and Churubusco, Mex-
ico, August 20, 1847; distinguished himself
in command of his company at the storming
of Chapultepec, September 14, 1847; honor-
ably discharged at Covington, Ky., August
4, 184e.
Muttered in as colonel, 5th California ln-
fantry at Sacramento, Calif., to date from
November 8, 1861; stationed at Camp Union,
near Sacramento, until February 1862, when
he went to southern California and was in
command at Camp Latham, near the Cienega.
betwe in Los Angeles and Santa Monica;
mama ed to Camp Wright, near Warner's
Rand, San Diego County, arriving April 9;
assumed command of the military district
of soethern California with headquarters at
Fort uma, May 17, 1862.
Marched via Fort Y-uma, Tucson, and
Apache Pass to the Rio Grande, February
and lklarch 1883; in command of the military
district of Arizona with headquarters at
Frankiin now El Paso), Tex., April 15, 1863;
stationed there until he was honorably des-
chargul from the service at that place De-
cember 14, 1864; brevet brigadier general of
voluni eers for faithful and meritorious serv-
ices during the war.
Port Bowie, established July 28, 18112,
Bowie Peak, and the town Of Bowie, all in
Cochli e County, Ariz., named for him.
CONVEYANCE OF CERTAIN LAND )31'
TIT& NEWTON AREA, CALIFORNIA,
TO CLARENCE J. WILDER
The Senate proceeded to consider tie
bill E.R. 5302 to direct the Secretary
of the Interior to convey certain lands in
the Newton area, California, to Clarence
J. Wider.
Mr. KUCHEL. Mr. President, so that,
the RECORD may be clear, it should show
that he conveyance is dependent upon.
the payment of the "fair market value."
I say that for the benefit of the "Tiger
of th( Senate" the Senator from Oregon.
[Mr. 1.1orisE] .
The bill was ordered to a third reading.,
read ihe third time, and passed.
Mr. MANSFIELD. Mr. President, 1:
ask unanimous consent to have printed
in th( RECORD an excerpt from the report
(No. 1037) , explaining the purposes of
the 1111.
There being no objection, the excerpt
was ordered to be printed in the RECOED,
as foljows:
PURPOSE
HR. 5302 directs the Secretary of the In-
terior to convey, at fair market value as of
March 25, 1952, to Clarence J. Wilder 3 acres
of public land in the Newton area near
Placerville, Calif.
:SEED
The lands described in H.R. 5302, as
amended, are a portion of the public lands
which Mr. Wilder and his wife sought to
acquire by warrantee deed in the 1930's, be-
lieving the lands to be privately owned. Mr.
Wilder has contintously since that time
claimed title to the land.
The house occupied by Mr. Wilder was
built in approximately 1852 and has been
used continuously for private purposes. The
original use of the property was as a gen-
eral store and pony express station. The
committee was advised that, after the Wild-
era had purchased what they thought was
title to the land and Improvements for $1,000.
they expended approximately $8,000 in re-
storing the pony express station.
Although it appears that Mr. Wilder has
equities similar to those that permit the
issuance of patent to lands under the Color
Of Title Act of December 22, 1928, as amended
(45 Stat. 1069, 67 Stat. 227; 43 U.S.C. 1068),
the Department of the Interior advised the
committee that "the records of the Bureau
of Land Management do not reflect the basis
upon which it was cancluded that the Color
of Title Act is not applicable to Mr. Wilder's
situation." Without debating the technical
question of whether Mr. Wilder can comply
with the requiremer ts of the Color of Title
Act, the committee believes that good con-
science and equity, applied to the situation
presented in H.R. 5302, require that title to
the real property involved be transferred
to Mr. Wilder.
The committee was also advised that on
March 25, 1952, Mrs. Wilder filed an applica-
tion for the acquisition of approximately 5
acres of the land under the Small Tract Act
(52 Stat. 609; 43 U.E.C. 682a et seq.). Sub-
sequently Mrs. Wilder passed away in No-
vember 1954 before action could be taken
on her application. In view of the circum-
stance, the committee believes that equity
will be accomplished if Mr. Wilder is per-
mitted to acquire the property at its fair
market value as of the time that the Small
Tract Act application was filed.
COMMITTER AMENDMENTS
The first committee amendment provides
for the reduction ill the area to be con-
veyed from 6 to 3 acres, comprising the land
on which the improtemenia are situated to-
gether with a reasonable amount surround-
ing the buildings.
In view of the equities involved, the sec-
ond committee amendment provides that
with the execution of the conveyance of
title Mr. Wilder shall be relieved of any
liability for prior 118C of the conveyed lands.
The committee, in weighing the equities,
submits that there should be no charge for
so-called unauthorized use of the land be-
cause Mr. Wilder believed he was the rightful
owner of the land.
The committee be:ieves that the Govern-
ment's interest is adequately protected in
receiving the fair market value of the land
as of 1952, the date the Wilder's applied for
purchase under the Small Tract Act.
cosy
No increase in budgetary requirements is
involved in H.R. 5301.
REPEAL OF ACT OF OCTOBER 22, 1919
The bill (H.R. U.92) to repeal the act
of October 22, 1919 (41 Stat. 239) ; 43
U.S.C. 351-355, 357-360) was considered,
ordered to a third reading, read the third
time, and passed.
Mr. MANSFIELD. Mr. President, I
ask unanimous consent to have printed
in the RECORD an excerpt from the report
(No. 1282). explaining the purposes of
the bill.
There being no objection, the eXcerpt
was ordered to be printed in the Rtoosa,
as follows:
renzposz
HR. 1892 will repeal the act of October 22,
1919 (43 U.S.C. 851-855, 357-360), commonly
known as the Pittman Act, which authorizes
grants of certain public lands in the, State
of Nevada. The bill, however, will permit
the processing of applications filed prior to
enactment of this repealing act.
NEED
The act of October 22, 1919, was designed
to encourage the reclamation Of lands in
Nevada by authorizing the Secretary of the
Interior to grant lands under certain cir-
cumstances if, after exploration, it cottld be
shown that there Is sufficient underground
water to produce profitable crops on st,mini-
mum of 20 acres of land. The Department of
the Interior states that the Pittman Act has
failed to accomplish its objective and. that
only three economic farm units have been
developed in the 40 years that the aft has
been in operation.
Although the act of October 22, 1919, has
not brought effective results, it has led to
submission of many applications whioh the
Department of the Interior characterizes as
"Ill advised," thereby imposing an unrea-
sonable administrative burden on the Depart-
ment. In addition, promoters have Misled
members of the general public into making
payments for applications that were worth-
less because they covered lands not subject
to disposition under the Pittman Act.
H.R. 1892 would, therefore, repeal the Pitt-
man Act as no langer serving its purpose.
COST
EERCtMeilt will not have any significant
effect on budgetary requirements and may
result in reduction of some administrative
expense.
PERMANENT AUTHORITY FOR
FLIGHT INSTRUCTION FOR MEM-
BERS OF RESERVE OFFICERS'
TRAINING CORPS
The bill (S. 3063) to make permanent
the authority for flight instruction for
members of Reserve Officers' Training
Corps, and for other purposes, was con-
sidered, ordered to be engrossed for a
third reading, read the third time and
passed, as follows:
Be it enacted by the Senate and Jlouse
of Representatives of the United States of
America in Congress assembled, That chapter
101 of title 10, United States Code, is
amended as follows:
(1) By adding the following new section
at the end theaeof
"? 2002. Flight instruction for members of
Reserve Officers' fraining Corps
"The Secretary of any military department
may provide, or contract with civilian flying
or aviation scbools or educational inatitue
tions to provide, such personnel, aircraft,
supplies, facilities, and instructions as are
necessary for flight instrtiction of members
of the Reserve Officers' Training Corps under
his jurisdiction."
(2) By adding the following new item at
the end of the analysis:
"2002. Flight instruction for members of
Reserve Officers' Training Corps."
Sac. 2. Section 32 of the Act of September
2, 1958, Public Law 85-861, as amended (72
Stat. 1564), is repealed.
Mr. MANSFIELD. Mr. President, I
ask unanimous consent to have printed
In the RECORD an excerpt from the report
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(No. 1283), explaining the purposes of
the bill.
There being no objection, the excerpt
was ordered to be printed in the RECORD,
as follows:
PURPOSE
This bill would make permanent the au-
thority for flight instruction for members of
the Reserve Officers' Training Corps.
EXPLANATION
Public Law 879 of the 84th Congress au-
thorized flight training in the ROTC pro-
grams of the Army, the Navy, and the Air
Force. This authority was intended to at-
tract more qualified young men to f,pply for
flight spaces in the advanced ROTC courses,
to detect those who would later fail to com-
plete pilot training after having been com-
missioned for that purpose, and to motivate
more young Americans to become career fly-
ing officers. The original authority was for
a period of 4 years and a 4-year extension
was granted by Public Law 86-597. Unless
extended, the authority expires on August 1,
1964.
The flight instruction program provides for
approximately 35 hours of flight instruction
and 35 hours of ground instruction. The
military departments contract with the pri-
vate colleges and universities to provide the
flight instruction. The training is offered
during the senior year of the ROTC cadets.
The flight and ground school curriculums
have been approved by the Federal Avia-
tion Agency. Cadets who successfully com-
plete the program and pass the FAA flight
and ground school examinations qualify for
a FAA private pilot certificate.
The military departments are enthusiastic
about the results from the operation of this
program. The attrition rate in the Navy and
Air Force pilot training for ROTC graduates
who have successfully completed the flight
instruction program has been approximately
one-half that of ROTC graduates who have
not received such training. In the Army the
comparable attrition rate is approximately
one-third that of ROTC graduates who have
not received flight training.
COST
The table that follows shows the costs of
the ROTC flight instruction program from
its inception through fiscal year 1963.
Fiscal year
Air Force
Army
Navy
Total
1957_
$538, 629
$142, 000
$14, 000
$694, 629
1958_
547,000
280,000
20,000
856, 000
1959
668,000
325, 250
7,000
1, 000, 250
1960
712,000
245, 266
957,266
1961
704,000
260, 500
964, 600
1962_
612,000
309,000
160,000
1, 071, 000
1963_
717, 000
430, 000
152, 000
1, 299, 000
The estimated cost of the program for
fiscal year 1964 is $1,613,000 and for fiscal
year 1965 it is $1,700,000.
ADVANCE MOVEMENT OF DEPEND-
ENTS AND EFFECTS OF MEMBERS
OF UNIFORMED SERVICES
The bill (H.R. 4739) to amend section
406 of title 37, United States Code, with
regard to the advance movement of de-
pendents and baggage and household ef-
fects of members of the uniformed serv-
ices was considered, ordered to a third
reading, read the third time, and passed.
Mr. MANSFIELD, Mr, President, I
ask unanimous consent to have printed
in the RECORD an excerpt from the re-
port (No. 1284), explaining the purposes
of the bill.
No. 148-7
17131
There being no objection, the excerpt expense could be absorbed within available
was ordered to be printed in the RECORD,
appropriations and that additional appropri-
as follows: ations will not be requested.
PURPOSE
This bill would authorize the advance
movement of dependents, baggage, and
household effects of members of the uni-
formed services if the secretary of the de-
partment concerned determined such ad-
vance movement to be in the best interests
of the member or his dependents and the
United States.
EXPLANATION
For a member of the uniformed services
who is serving at a station outside the United
States or in Alaska or Hawaii, existing law
provides authority for the advance return of
dependents, baggage, household effects, and
privately owned automobiles of members of
the uniformed services in "unusual or emer-
gency circumstances." -
The Department of Defense considers that
advance movement is desirable under some
conditions that do not qualify as unusual
or emergency circumstances. Unforeseen
family problems, changes in a member's
status, and changed economic and political
conditions in oversea areas at times make the
advance return of dependents in the best in-
terests of the member and the United States.
Specific examples of situations justifying ad-
vance return of dependents include marital
difficulties, financial problems brought about
by confinement or reduction in grade of the
member, and the death or serious illness of
close relatives.
Similar authority for the advance move-
ment of the dependents and household effects
of a civilian employee serving outside the
United States is contained in section 73b-3
of title 5, United States Code.
The bill provides that if an automobile is
returned to the United States in advance of
the member, an automobile may not be re-
turned at Government expense when the
member himself is ordered to make a perma-
nent change of station.
The only expanded entitlement in this bill
is the authorization for the return at Gov-
ernment expense of a dependent who at-
tained the age of 21 while with the member
overseas. This entitlement would exist only
for a member's unmarried child who was
transported overseas at Government expense
incident to a permanent change of station
of his parent.
Under the bill, if dependents are returned
to the United States, they may not thereafter
be returned to the oversea station they left,
unless the member receives a permanent
change of station to another assignment
overseas or unless the return of the depend-
ents is for the convenience of the Govern-
ment.
A minor change permits automobiles other-
wise authorized to be transported at the
expense of the United States to be so trans-
ported on vessels leased or chartered by the
United States. Now only vessels owned by
the United States may be used for this pur-
pose.
COST
It is impractical to make a meaningful
estimate of the cost of this bill. The only
new entitlement is the authorization for the
return at Government expense of a depend-
ent who attained the age of 21 while with
the member overseas. The number of such
dependents who might become entitled to
return transportation to the United States
cannot be predicted, but it is not large. The
other expense involved in the bill would be
incurred by the United States if the bill
were not enacted, but at a later date. The
annual cost is thought to be substantially
less than $1 million and the Department of
Defense informed the committee that this
WITHHOLDING AND FORFEITURE
OF PAY AND ALLOWANCES OF
CERTAIN MEMBERS OF UNI-
FORMED SERVICES WHO AID THE
ENEMY WHILE PRISONERS OF
WAR
The bill (S. 3062) to provide for the
withholding and the forfeiture of the pay
and allowances of certain members of
the uniformed services who, while pris-
oners of war, aid the enemy or are guilty
of other misconduct, and for other pur-
poses, was considered, ordered to be en-
grossed for a third reading, read the
third time, and passed, as follows:
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That section
1007 of title 37, United States Code, is
amended by adding the following new sub-
section at the end thereof:
"(h) Notwithstanding sections 1001-1018
of title 50, appendix, the Secretary concerned
may withhold all or any part of the pay and
allowances that are due or that become due
a member of a uniformed service who is for-
mally charged with committing, while a pris-
oner of war, an offense in violation of section
904 or 905 of title 10. However, all pay and
allowances so withheld shall be paid to the
member if?
"(1) the charge against him is dismissed;
"(2) he is acquitted of the offense; or
"(3) he is convibted of the offense, but, on
review, the finding of guilty is set aside
tinder conditions that prevent further trial
within a reasonable time, as determined by
the Secretary."
SEC. 2. Article 57(a) of the Uniform Code
of Military Justice (10 U.S.C. 867(a)) is
amended by adding the following new sen-
tence at the end thereof: "However, a for-
feiture may extend to pay or allowances that
have been withheld under section 1007(h)
of title 37."
AMENDMENT OF MISSIND PERSONS
ACT REGARDING PERSONS DE-
TAINED IN FOREIGN COUNTRIES
AGAINST THEIR WILL
The bill (H.R. 29). to further amend
the Missing F?ns Act to cover certain
persons detained in foreign countries
against their will, and for other purposes
was considered, ordered to a third read-
ing, read the third time, and passed.
Mr. MANSFIELD. Mr. President, I
ask unanimous consent to have printed
In the RECORD an excerpt from the report
(No. 1286) , explaining the purposes of
the bill.
There being no objection, the excerpt
was ordered to be printed in the Rzcoao,
as follows:
PURPOSE
This bill would amend the Missing Persons
Act (1) to permit the continued crediting
of pay and allowances to a person who is
detained in a foreign country against his
will, and (2) to restore to the law a provision
for the filing and payment of income tax
returns on the 15th day of the 3d month
after termination of a missing status, or after
the executor or administrator of the estate
of a missing person has been appointed.
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1'4132 CONGRESSIONAL RECORD ? SENATE
isunteriotoss
The 'Sassing Persons Act provides author-
ity for the heads of executive departments
to continue to credit the pay accounts of
pet eons Within the scope of the statute Isla?
arr missing hi action, interned, captured. or
in a similar status and to initiate, con-thrie,
or modify alowances to dependents of pr-
sots in a missing status. It also authorises
till shipment of household effects and the
transportation of dependents of persona in
a missing status to such locations as may be
ap roved by the head of the department con-
cerned. With this authority the depal-
me ate can continue to protect the fintmcial
Interests of covered persons in a variety of
wawa, such as by paying commercial insur-
ers* premiums while the penson is in a rais-
ins status. If allotoienta to dependents are
no .In effect when the Person was placed in
a missing categozy, the head of the depiet-
meat can initiate an allotment to provide
for the dependents.
araPLANATION OP TUE DILL
"he law now permits the continued credit-
ine Of pay for persons who are "roles:mg,
razing in action, Interned In a foreign coun-
try captured by a hostile force, or besieged
by a hostile force." The Department of De-
fense considers that note of these cleacrip-
tio rie accurately fits some categories of per-
sofa Who should be entitled to eontinued pay
an allowances, each as the two Air Stem
ear tains who were held by the Soviet Until}
aftr their 13-47 was dhot down over the
Bre onto Sea. To cover such persons the till
wo aid permit the continued crediting of :pay
anti allowances to a person "who is detained
In a foreign country against his
The bill also restores to the law a provision
for the laths and payment of income tax m
the 15th day of the third month following
termination of a missing status or after In
executor, administrator, or conservator of tilt-
eat
its of a iniseing person has been appoir t-
ed. This provision was in the original Miss-
ing Persons Act when it was approved in
1942, but It was not reenacted when the act
was reactivated by the Selective Service Act
of :948, Without this provision, the Inters al
Eel anus Service has no express authority to
melee a person who files a late income tax
retnrn because he was imprisoned in s, for-
eign country and there is no express autlacr-
ity for granting a refund if the 3-year statute
of limitations far filing such a refund emir es
wh le the person is in prison.
Medd. DATA
Enactment of this bill will not inereue ex-
per ditures by the Department of Defense as
the Department is now applying the Missing
Perrone Act to persons currently carried are
"missing."
LOWER PEND d,OREIME OR /CAWS -
PEL TRIBE OF INDIANS
The bill (HR. 10973) to provide for the
dis vsition of judgment funds on deposit
to he credit of the Lower Pend d'Oreille
or Kalispel Tribe of Indians was Con-
sid Ired, ordered to a third reading, read
the third time, and passed.
AUTHORITY TO USE CERTAIN
PUNDS FOR SPECIAL METEORO-
LOGICAL SERVICES
The bill (S. 970) to authorize the See-
ret try of Commerce to utilize funds re-
cel" ed from State and local governments
for special meteorological services was
cor sidered, ordered to be engrossed for a
thied reading, read the third time, arid
par sed, as follows:
Be it es-acted by the Senate and House
of Representatims of the United States of
America in Co7ujress assembled, That the
Secretary of Commerce may accept reim-
bursement for providing meteorological and
hydrological work or services requested by
States, counties, cities, or other local gov-
ernment units. Reimbursement may be ac-
cepted for the total or partial cost of the work
or services furnished for thebenefit of or in
cooperation with such governmental units:
Provided, That the Secretary shall require
reimbursement for the total direct and in-
direct costa of work or services so provided
which do not have value to the public at
large.
SEC. 2. The Secretary of Commerce may re-
ceive such payment in funds or property to
be used in providing the work or services, or
both. All funds received in payment for work
or services authorized herein shall be de-
posited in a separate account in the Treas-
ury and shall be available to pay the costs of
such work or services, for making refunds,
or for crediting appropriations from which
the cost of such work or services may have
been paid: Provided. That payment for in-
direct costs not paid from the appropriation
bearing the cost cf the work or services shall
be deposited into the Treasury as miscellane-
ous receipts.
SEC. 3. The Secretary of Commerce shall
establish regulations to insure that no com-
mitment for work or services that are deter-
mined to have no value to the public at large
are made to States, counties, cities, or other
local government units where such work or
services can be obtained from private orga-
nizations and individuals who have com-
petency in she meteorological sciences.
Mr. MANSFIELD. Mr. President, that
concludes the call of the calendar. I
take this means of expressing my thanks
and appreciation to the distinguished
Senator from Arkansas, the chairman of
the Foreign Relations Committee [Mr.
Ftreserene], for his patience and under-
standing.
ap??????11?Mew.
AMENDMENT OF FOREIGN ASSIST-
ANCE ACT OF 1961
The Senate resumed the consideration
of the bill (H.R. 11380) to amend further
the Foreign Assistance Act of 1961, as
amended, and fcr other purposes.
Mr. FULBRIGHT. Mr. President, I
am painfully conscious of the distaste of
my colleagues for this misnamed,
maligned, misrepresented, and misunder-
stood legislation.
For longer than I care to remember,
I have had the thankless duty of pre-
senting this bill to the Senate. Today,
in the few minutes remaining before the
Senate adjourns, I shall make the pre-
sentation as short and painless as I can.
I have not forgotten the incredibly long
and arduous debate which kept us in ses-
sion until just before Christmas last year.
I can only hope it will not go that long
this year.
Some years ago Prime Minister Nehru
of India took the visiting Chinese Foreign
Minister Chou En-Lai to the site of a
new dam. "It is in these temples that I
worship," said Nehru. And so indeed he
did, as does virtually every other leader
of the third world of Asia, Africa, and
Latin America. Many, like Nehru him-
self, have done far more than worship
in the temple of economic development;
they have gone out of the temple to build
August .1`
dams and schools and factories, to begin
the vast enterprise of bringing their long
quiescent lands into the dynamic life of
the 20th otnturY.
Clearly, the aspiration to economict
development is one of the powerful moti-
vating forces in the world. It gives
promise and substance and hope to the
nationalism of the emerging nations. It
has created new ferment in the world,
new hopes and new dangers which the
advanced rations, Communist at; well as,
free, have tried to influence through
military, economic, and technical as-
sistance programs of unprecedented
magnitude.
The aspirations of the poor nations
are the occasion but not really the rea-
son for the American foreign aid pro-
gram. The reason for our aid--I think
we must admit?lies in our own aspira-
tions rather than these of the recip-
ients, or, more precisely, in the profound
effects which their aspirations have on
our own prospects for peace and security.
Looked at in this way, foreign aid is
not a special undertaking like an earth-
quake or famine relief program, but an
instrument of policy?a normal instru-
ment of policy like diplomacy. military
power or intelligence, each of which is
designed to achieve certain objectives
which cannot readily be obtained by
other means. I should like in these brief
remarks to offer a few suggestions as to
why foreign aid Is a necessary instru-
ment of American foreign policy, as to
the kind of instrument it is and the kind
of objectives it is likely to help attain.
The subject is not one which the Sen-
ate has neglected. Unlike certain other
Programs?some of at least equal im-
portance and some of vastly greater mag-
nitude?foreign aid has inspired many
hours of colloquy and debate, including
3 full weeks of most enlightening
discussion only a few months ago: There
is therefore little to be said about for-
eign aid that has not been said before,
but the case for the aid program is no
less valid for being familiar. It is, in-
deed, as strong a ease today as it was
when General Marshall spoke at Har-
vard in 190, and in some respects the
prospects of our aid achieving its objec-
tives are decidedly better today, after 17
years' experience, than they were when
aid was a new and untested instrument
of policy.
Of the bill itself little need be said.
Its content is spelled out in the report
of the Foreign Relations Committee and
is in any case familiar. All that it mark-
edly new about this year's foreign aid
bill is the amounts proposed to be au-
thorized, which are greatly reduced be-
low the levels of previous years. It may
be that the reductions have been too
great; it may be that the program will
function more effectively on a smaller
scale. It if; clear in any case that the
proposed authorization cannot be fur-
ther reduced without undermining the
aid program as an instrument of Ameri-
can foreign policy.
The President has indicated that he
regards this, year's foreign aid request as
the minimum consistent with the main-
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CONGRESSIONAL RECORD SENATE 17131
(No. 1283), explaining the purposes of
the bill.
There being no objection, the excerpt
was ordered to be printed in the RECORD,
as follows:
PLUMOSE
This bill would make permanent the au-
thority for flight instruction for members of
the Reserve Officers' Training Corps.
EXPLANATION
Public Law 879 of the 84th Congress au-
thorized flight training in the ROTC pro-
grams of the Army, the Navy, and the Air
Force. This authority was intended to at-
treat more qualified young men to t.pply for
flight spaces in the advanced ROTC oourses,
to detect those who would later fail to com-
plete pilot training after having been com-
missioned for that purpose, and to motivate
more young Americans to become career fly-
ing officers. The original authority was for
a period of 4 years and a 4-year extension
was granted by Public Law 86-597. Unless
extended, the authority expires on August 1,
1964.
The flight instruction program provides for
approximately 35 hours of flight instruction
and 35 hours of ground instruction. The
military departments contract with the pri-
vate colleges and universities to provide the
flight instruction. The training is offered
during the senior year of the ROTC cadets.
The flight and Found school curriculums
have been approved by the Federal Avia-
tion Agency. Cadets who successfully com-
plete the program and pass the FAA flight
and ground school examinations qualify for
a FAA private pilot certificate.
The military departments are enthusiastic
about the results from the operation of this
program. The attrition rate in the Navy and
Air Force pilot training for ROTC graduates
who have successfully completed the flight
instruction program has been approximately
one-half that of ROTC graduates who have
not received such training. In the Army the
comparable attrition rate is approximately
one-third that of ROTC graduates who have
not received flight training.
COST
The table that follows shows the costs of
the ROTC flight instruction program from
its inception through fiscal year 1963.
Fiscal year
Air Force
Army
Navy
Total
1957
1958____ .....
1959
1960
1961
1962
1963
$538, 629
547, 000
608,000
712, 000
704, 000
612,000
717,000
$142, 000
280,150
325, 250
246, 266
260,500
309, 000
430, 000
814,000
29,000
7, 000
150,000
162,000
$694, 629
856,000
1, 000, 250
957,266
904,500
1, 071,000
1, 299, 000
The estimated cost of the program for
fiscal year 1964 is $1,613,000 and for fiscal
year 1965 it is $1,700,000.
ADVANCE MOVEMENT OF DEPEND-
ENTS AND rao.F.ECTS OF MEMBERS
OF UNIFORMED SERVICES
The bill (H.R. 4739) to amend section
406 of title 37, United States Code, with
regard to the advance movement of de-
pendents and baggage and household ef-
fects of members of the uniformed serv-
ices was considered, ordered to a third
reading, read the third time, and passed.
Mr. MANSFIELD. Mr. President, I
ask unanimous consent to have printed
in the RECORD an excerpt from the re-
port (No. 1284), explaining the purposes
of the bill.
No. 148-7
There being no objection, the excerpt
was ordered to be printed in the RECORD,
as follows:
PURPOSE
This bill would authorize the advance
movement of dependents, baggage, and
household effects of members of the uni-
formed services if the secretary of the de-
partment concerned determined such ad-
vance movement to be in the best interests
of the member or his dependents and the
United States.
EXPLANATION
For a member of the uniformed services
who is serving at a station outside the United
States or in Alaska OT Hawaii, existing law
provides authority for the advance return of
dependents, baggage, household effects, and
privately owned automobiles of members of
the uniformed services in "unusual or emer-
gency circumstances."
The Department of Defense considers that
advance movement is desirable under some
conditions that do not qualify as unusual
or emergency circumstances. Unforeseen
family problems, changes in a member's
status, and changed economic and political
conditions in oversee areas at times make the
advance return of dependents in the best in-
terests of the member and the United States.
Specific examples of situations justifying ad-
vance return of dependents include marital
difficulties, financial problems brought about
by confinement or reduction in grade of the
member, and the death or serious illness of
close relatives.
Similar authority for the advance move-
ment of the dependents and household effects
of a civilian employee serving outside the
United States is contained in section 73b-3
of title 5, United States Code.
The bill provides that if an automobile is
returned to the United States in advance of
the member, an automobile may not be re-
turned at Government expense when the
member himself is ordered to make a perma-
nent change of station.
The only expanded entitlement in this bill
is the authorization for the return at Gov-
ernment expense of a dependent who at-
tained the age of 21 while with the member
overseas. This entitlement would exist only
for a member's unmarried child who was
transported overseas at Government expense
incident to a permanent change of station
of his parent.
Under the bill, if dependents are returned
to the United States, they may not thereafter
be returned to the oversea station they left,
unless the member receives a permanent
change of station to another assignment
overseas or unless the return of the depend-
ents is for the convenience of the Govern-
ment.
A minor change permits automobiles other-
wise authorized to be transported at the
expense of the United States to be so trans-
ported on vessels leased or chartered by the
United States. Now only vessels owned by
the United States may be used for this pur-
pose.
COST
It is impractical to make a meaningful
estimate of the cost of this bill. The only
new entitlement is the authorization for the
return at Government expense of a depend-
ent who attained the age of 21 while with
the member overseas. The number of such
dependents who might become entitled to
return transportation to the United States
cannot be predicted, but it is not large. The
other expense involved in the bill would be
incurred by the United States if the bill
were not enacted, but at a later date. The
annual cost is thought to be substantially
less than $1 million and the Department of
Defense informed the committee that this
expense could be absorbed within available
appropriations and that additional appropri-
ations will not be requested.
WITHHOLDING AND FORFEITURE
OF PAY AND ALLOWANCES OF
CERTAIN MEMBERS OF UNI-
FORMED SERVICES WHO AID THE
ENEMY WHILE PRISONERS OF
WAR
The bill (S. 3062) to provide for the
withholding and the forfeiture of the Pay
and allowances of certain members of
the uniformed services who, while pris-
oners of war, aid the enemy or are guilty
of other misconduct, and for other pur-
poses, was considered, ordered to be en-
grossed for a third reading, read the
third time, and passed, as follows:
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That section
1007 of title 37, United States Code, is
amended by adding the following new sub-
section at the end thereof;
"(h) Notwithstanding sections 1001-1016
of title 50, appendix, the Secretary concerned
may withhold all or any part of the pay and
allowances that are due or that become due
a member of a uniformed service who is for-
mally charged with committing, while a pris-
oner of war, an offense in violation of section
904 or 905 of title 10. However, all pay and
allowances so withheld shall be paid to the
member if?
"(1) the charge against him is dismissed;
"(2) he is acquitted of the offense; or
"(3) he is convicted of the offense, but, on
review, the finding of guilty is set aside
under conditions that prevent further trial
within a reasonable time, as determined by
the Secretary."
SEC. 2. Article 57(a) of the Uniform Code
of Military Justice (10 U.S.C. 851(a)) is
amended by adding the following new sen-
tence at the end thereof: "However, a for-
feiture may extend to pay or allowances that
have been withheld under section 1007(h)
of title 37."
AMENDMENT OF MISSING PERSONS
ACT REGARDING PERSONS DE-
TAINED IN FOREIGN COUNTRIES
AGAINST THEIR WILL
The bill (H.R. 2989) to further amend
the Missing Persons Act to cover certain
Persons detained in foreign countries
against their will, and for other purposes
was considered, ordered to a third read-
ing, read the third time, and passed.
Mr. MANSFIELD, Mr. President, I
ask unanimous consent to have printed
in the RECORD an excerpt from the report
(No. 1286), explaining the purposes of
the bill.
There being no objection, the excerpt
was ordered to be printed in the RECORD,
as follows:
PURPOSE
This bill would amend the Missing Persons
Act (1) to permit the continued crediting
of pay and allowances to a person who is
detained in a foreign country against his
will, and (2) to restore to the law a provision
for the filing and payment of income tax
returns on the 15th day of the 3d month
after termination of a missing status, or after
the executor or administrator of the estate
of a missing person has been appointed.
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17132 CONGRESSIONAL RECORD -- SENATE August 1
BACDCGROIIND
The Missing Persons Act provides author-
ity for the heads of executive departments
to continue to credit the pay accounts of
persons within the scope of the statute who
are missing in action, interned, captured, or
in a similar status and to initiate, continue,
or modify alowances to dependents of per-
sons in a raseaieg status. It also authorizes
the shiament of household effects and the
transportation of dependents of persons in
a missing status to such locations as may be
approved by the head of the department con-
cerned. With this authority the depart-
me:nts can continue to protect the financial
interests of covered persons in a variety of
ways, such as by paying commercial insur-
ance primiums while the person is in a miss-
Mg status. If allotments to dependents are
not in effect when the person was placed in
a missing category, the head of the depart-
ment can initiate an allotment to provide
for the dependents.
EXPLANATION OF THE BILL
The 1 sw now permits the continued credit-
ing of pay for persons who are "rnisaing.
missing in action, interned in a foreign coun-
try. car tured by a hostile force, or besieged
by a hostile force." The Department of De-
fense csnsiders that none of these descrip-
tions accurately fits some categories of per-
sons wLo should be entitled to continued pay
and allswa.nces, such as the two Air Force
captains who were held by the Soviet Union
after their B-47 was shot down over the
Barents Sea.. To cover such persons the bill
would permit the continued crediting of pay
and allowances to a person "who Is detained
in a foreign country against his will."
The bill also restores to the law a provision
for the filing and payment of income tax on
the 15ta day of the third month following
terinina tion of a missing status or after an
executor, administrator, or conservator of the
estate Cf a missing person has been appoint-
ed. This provision was in the original Miss-
ing Persons Act when it was approved in
1942, but it was not reenacted when the act
was reactivated by the Selective Service Act
of 1948. Without this provision, the Internal
Revenue Service has no express authority to
excuse s person who files a late income toe
return because he was imprisoned in a for-
eign country and there is no express author-
ity for granting a refund if the 3-year statute
of limitations for Sling such a refund expires
while the person is in prison.
FISCAL DATA
Enaciment of this bill will not increase ex-
penclite res by the Department of Defense, as
the Department is now applying the Missing
Persons Act to persons currently carried as
"missing."
LOWER PEND d'ORPIT 7. OR KALIS-
PEL TRIBE OF INDIANS
The oill (HR. 10973) to provide for the
disposition of judgment funds on deposit
to the credit of the Lower Pend d'Oreille
or Kalispel Tribe of Indians was con-
sidered, ordered to a third reading, read
the third time, and passed.
AUTHORITY TO USE CERTAIN
FUNDS FOR SPECIAL METEORO-
LOGICAL SERVICES
The bill (S. 970) to authorize the Sec-
retary of Commerce to utilize funds re-
ceived from State and local governments
for special meteorological services was
considered, ordered to be engrossed for a
third reading, read the third time, and
passed, as follows:
Be it enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That the
Secretary of Commerce may accept reim-
bursement for providing meteorological and
hydrological work or services requested by
States, countien, cities, or other local gov-
ernment units. Relnisursement may be ac-
cepted for the total or partial cost of the work
or services furnished for the benefit of or in
cooperation with such governmental units:
Provided, That the Secretary shall require
reimbursement for the total direct and in-
direct costs of work Cr services so provided
which do not have value to the public at
large.
SEC. 2. The Secretary of Commerce may re-
ceive such payment in funds or property to
be used in providing the work or services, or
both. All funds received in payment for work
or services authorized herein shall be de-
posited in a separate account in the Treas-
ury and shall be available to pay the costs of
such work or services, for making refunds,
or for crediting appropriations from which
the cost of such work or services may have
been paid: Pragided, That payment for in-
direct costs not paid from the appropriation
bearing the coat of the work or services shall
be deposited into the Treasury as miscellane-
ous receipts.
SOC. 9. The Secretary of Commerce shall
establish regulations to insure that no com-
mitment for work or services that are deter-
mined to have no veins to the public at large
are made to States, counties, cities, or other
local government units where such work or
services can be obtained from private orga-
nizations and indivieuals who have com-
petency in the r.ieteorclogicai sciences.
Mr. MANSFIELD. Mr. President, that
concludes the call of the calendar. I
take this means of expressing my thanks
and appreciation to the distinguished
Senator from Arkansas, the chairman of
the Foreign Relations Committee [Mr.
PliThintreisr], for his patience and under-
standing.
AMENDMENT OF FOREIGN ASSIST-
ANCE AC r OF 1961
The Senate resumed the consideration
of the bill (H.R. 11390) to amend further
the Foreign Assistance Act of 1961, as
amended, and for other purposes.
Mr. FULBRIGHT. Mr. President, I
am painfully conscious of the distaste of
my colleagues for this misnamed,
maligned, misrepresented, and misunder-
stood legislation.
For longer than :E care to remember,
I have had the thankless duty of pre-
senting this bill to the Senate. Today,
in the few minutes remaining before the
Senate adjourns, I shall make the pre-
sentation as short and painless as I can.
I have not forgotten the incredibly long
and arduous debate which kept us in ses-
sion until just before Christmas last year.
I can only hope it will not go that long
this year.
Some years ago Prime Minister Nehru
of India took the visiting Chinese Foreign
Minister Chou En-Lai to the site of a
new dam. "It is in these temples that I
worship," said Nehru. Arid so indeed he
did, as does virtually every other leader
of the third world of Asia, Africa, and
Latin America. Many, like Nehru him-
self, have done far more than worship
in the temple of economic development:
they have gone out ef the temple to build
dams and schools and factories, to begin
the vast enterprise of bringing their long
quiescent lands into the dynamic life of
the 20th century.
Clearly, the aspiration to economic
development is one of the powerful moti-
vating forces in the world. It gives
promise and stbstance and hope to the
nationalism of the emerging nations It
has created new ferment in the world,
new hopes and new dangers which the
advanced nations, Communist as well as
free, have tried to influence through
military, economic, and technical as-
sistance programs of unprecedented
magnitude.
The aspirations of the poor nations
are the occasio:n but not really the rea-
son for the American foreign aid pro-
gram The reason for our aid?I think
we must admit?lies in our own aspira-
tions rather than those of the recip-
ients, or, more precisely, in the profound
effects which their aspirations have on
our own prospects for peace and security.
Looked at in this way, foreign aid is
not a special undertaking like an earth-
quake or famine relief program, but an
instrument of policy=a normal instru-
ment of policy like diplomacy, military
power or intelligence, each of which is
designed to achieve certain objectives
which cannot readily be obtained by
other means. I should like in these brief
remarks to offer a few suggestions as to
why foreign aid is a necessary instru-
ment of American foreign policy, as to
the kind of instrument it is and the kind
of objectives it is likely to help attain.
The subject is not one which the Sen-
ate has neglected. Unlike certain other
programs?some of at least equal im-
portance and some of vastly greater mag-
nitude?.foreign aid has inspired many
hours of colloquy and debate, including
3 full weeks of most enlightening
discussion only a few months ago. There
is therefore little to be said about for-
eign aid that has not been said before,
but the case for the aid program is no
less valid for being familiar. It is, in-
deed, as strong a case today as it was
when General Marshall spoke at Har-
vard in 1947, and in some respects the
prospects of our aid achieving its objec-
tives are decidedly better today, after 17
years' experience, than they were When
aid was a new and untested instrument
of policy.
Of the bill itself little need be said.
Its content is spelled out in the report
of the Foreign Relations Committee and
is in any case familiar. All that is mark-
edly new about this year's foreign aid
bill is the amounts proposed to be au-
thorized, which are greatly reduced be-
low the levels of previous years. It may
be that the reductions have been' too
great; it may be that the program will
function more effectively on a smaller
scale. It is clear in any case that the
proposed authorization cannot be fur-
ther reduced without undermining the
aid program as an instrument of Ameri-
can foreign policy.
The President has indicated that he
regards this year's foreign aid request as
the minimum consistent with the main-
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CONGRESSIONAL RECORD ? SENATE 17133
tenance of a reasonably effective pro-
gram. In reducing the authorization
request to a total of $3.5 billion the ad-
ministration has accommodated itself to
the doubts and criticisms of the foreign
aid program which has been expressed
in the Congress in recent years. I
strongly recommend that the Senate now
respond by authorizing and then ap-
propriating the full amount approved by
the Foreign Relations Committee, which
is only slightly below the amount re-
quested by the President.
Before commenting on aid as a broad
instrument of American policy, I would
like to point to certain very important
improvements which have been made in
the aid program in response to the wishes
of Congress.
First. American economic and mili-
tary assistance, once quite diffuse, has
become highly concentrated. Two-
thirds of all development lending funds
In fiscal year 1965 will go to seven coun-
tries which have demonstrated their
ability to make effective use of develop-
ment capital: Chile, Colombia, Nigeria,
Turkey, Pakistan, India, and Tunisia.
Two-thirds of all military assistance will
go to 11 countries along the periphery of
the Soviet Union and Communist China.
More than four-fifths of supporting as-
sistance funds will go to four countries:
Vietnam, Korea, Laos, and Jordan. Se-
lectivity is high and becoming higher:
17 nations which once received economic
assistance from the United States no
longer receive it and another 14 countries
are approaching the point where they
will no longer need soft loans and grants.
Second. The disproportion between
American aid programs and those of
other prosperous free world nations is
being steadily reduced. In April 1963 the
DevelopmexA Assistance Committee con-
cluded an agreement on liberalizing aid
terms which is having a constructive ef-
fect. France, which already contributes
a higher proportion of its gross national
product to foreign aid than does the
United States, has indicated its inten-
tion of sustaining a high level of aid.
Britain and Canada have committed
themselves to larger aid programs on
liberalized lending terms. Germany's
, aid program has grown progressively
larger and its lending terms more
generous.
Third. The President's request for $3.5
billion for fiscal year 1965 is the second
smallest since the beginning of the Mar-
shall plan in 1948 and, in proportion to
the Nation's growing resources, this
year's request is by far the smallest bur-
den since foreign aid began. In 1949 the
amounts appropriated by Congress for
military and economic assistance were
11.5 percent of the Federal budget and 2
percent of the Nation's gross national
product. The current request is for less
than 4 percent of the budget and only
0.6 percent of the gross national product.
As the Secretary of State pointed out
In his statement before the Foreign Rela-
tions Committee, certain facts about for-
eign aid indicate that the program is
sound and markedly improved along
lines recommended by Congress; with
two-thirds of development lending going
to 7 countries and two-thirds of
military assistance going to 11 countries,
the program is highly concentrated;
three-fifths of all economic assistance is
now in the form of dollar repayable
loans; 80 percent of all foreign aid funds
is spent in the United States, with the
result that the adverse effect of foreign
aid on the Nation's balance-of-payments
Is negligible; criteria of development
lending and self-help have been improved
with experience; allied countries are
mounting larger aid programs on more
liberal terms; the program is a diminish-
ing burden on the Nation's resources, the
smallest by far since foreign aid became
an established instrument of American
foreign policy at the end of World
War II.
Much of the controversy which has at-
tended the annual debate of Congress
on foreign aid is rooted, I suspect, in
our reluctance to regard foreign aid as
a normal instrument of American foreign
policy like diplomacy and military power.
Foreign aid has been described as every-
thing from a sacred mission to a crimi-
nal lunacy, but the Nation has yet to
form a consensus on the significance of
foreign aid as it has worked out in prac-
tice, that is to say, as a perfectly rational
tool of policy, no better or worse than
any other in moral terms, one which has
sometimes succeeded and sometimes
failed and one which should be used or
not used in any particular situation de-
pending upon the objectives at stake and
the prospects for success or failure under
the circumstances of the case.
Through the years we have treated aid
as something abnormal, presumably be-
cause it represents a use of national re-
sources for a purpose other than our own
direct consumption. This indeed is the
basis of virtually all criticism of the aid
program: that it diverts resources from
the immediate needs of our own society.
And so indeed it does, but the point which
is overlooked by the opponents of aid is
that it is only one of a number of national
programs which divert resources from
the needs of our people and in fact one
of the least costly.
I share the concern of my colleagues
who deplore the diversion of the Nation's
resources. This country has great and
growing problems ranging from public
transportation to public education which
are not now being solved and which can
only be solved by costly public programs.
The diversion of public funds to foreign
commitments is therefore a matter of
wholly justifiable regret. It is, however,
an impenetrable mystery to me why it is
that our fears of extravagance and waste
are so overwhelmingly focused on foreign
aid rather than on other, more costly
programs. It is an impenetrable mystery
to me why it is that in 1963 the Senate
authorized a $3.6 billion aid program only
after 3 weeks of rancorous debate and
Immediately thereafter approved a space
budget of over $5 billion with only per-
functory debate. This, of course, is to
say nothing of our annual military budg-
ets of over $50 billion, which have re-
cently been approved with no more than
a few judicious queries by the Senators
from South Dakota [Mr. McGovsinsr/
and Wisconsin [Mr. NELSON].
Unless it is believed that the defense
and space programs are models of econ-
omy while foreign aid is by some mystery
of its own nature scandalously extrava-
gant, we can only conclude that the op-
position to foreign aid is not primarily
economic but political, that it is not the
diversion and possible waste of national
resources that troubles the opponents of
aid but aid itself as an instrument of
national policy. The issue, it seems clear,
is not one of economy?if only because
there is relatively little to be wasted in
the foreign aid program and because so
much in fact is wasted elsewhere with-
out giving us undue concern?but rather
one of the purpose and effectiveness of
aid as an instrument of national policy.
The objective of American aid pro-
grams is to contribute to the develop-
ment of a world environment in which
free societies, notably our own, can sur-
vive and prosper in peace and reasonable
security. The apparently unanswered
question in our continuing public de-
bate about aid is not one of economy but
whether in fact our aid programs do con-
tribute to the realization of this objec-
tive, As Prof. Edward S. Mason of Har-
vard has put it:
If there is some reasonable expectation
that economic development assistance can
make a significant contribution to the peaoe
and security of the West, it is surprising how
small a financial sacrifice the countries con-
cerned are willing to make to this end. ? ?
If economic aid is considered to be an in-
strument of foreign policy, it seems really a
rather small instrument to deal with such
a very large problem.
Foreign aid must be judged by the
political criterion of whether it does or
does not contribute to the security of
the United States. I think it is clear
beyond any doubt that it has contributed
to our national security. Are we not
more secure, to take one example among
many, then we would otherwise be for
having helped democratic India to make
a modest success of her economic de-
velopment program? Is the Western
Hemisphere not more secure against
Communist subversion as a result of even
the limited accomplishments of the Al-
liance for Progress than it would be if
we had left our Latin American neigh-
bors to fend for themselves? Are our
interests in Africa not more secure for
having helped finance the United Na-
tions Congo operation than they would
be if we had left the Congo to chaos?
And who would question the effectiveness
of the Marshall plan not only in bol-
stering our security but in preventing
an irremediable disaster for the West?
It seems clear?
As Herbert Fels has put it?
that as a nation, we invest, lend, give, in-
struct, rescue, and resuscitate needy peo-
ples in the belief that it will advantage our
national security and reputation as well as
our souls.
To acknowledge the importance and
validity of foreign aid as an instrument
of American foreign policy is not to as-
sert its supreme importance or universal
validity. It is in fact a limited instru-
ment and must be appreciated as such if
it is to be appreciated at all. It is a mod-
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17134 CONGRESSIONAL RECORD-- SENATE August 1
est element of our overall policy and a
marginal factor in the economics of the
recipient countries. Its success or fail-
ure thus depends on a great deal more
than the amounts that are provided and
the eflidency with which they are dis-
pensed and put to use. Foreign aid is
inseparable from the political, commer-
cial, ard defense policies of the donor
and from the overall defense and social
and economic development programs of
the recipient. Only if we view our aid
programs in their total context can we
free ot rselves of both excessive hopes
and un warranted disappointments.
We must not judge OUT aid program by
impossible standards of achievement. It
is not going taeliminate poverty and un-
rest and instability in the world. Even
if it were magnified beyond any level.
which *low wain's- feasible, our aid would.
not elireinate these problems because it is
simply beyond our means?material,
moral, and political?to elevate two-
thirds of the human race from poverty
to abundance.
But it does not follow from the fact
that we cannot solve a problem that we
should do nothing to try to alleviate it.
An imperfect instrument Is better than
no inazument and modest progress is
patently, better than no progress at all.
It is by the criterion of modest progrese
that w 3 must evaluate foreign aid. Just
as it makes no sense to think of disband-
ing. oue Armed Forces because they mar
not always secure the Nation against
military dangers, it makes no sense to
talk of terminating our foreign aid pro-
gram because it serves only to alleviate
rather than resolve worldwide problems
of development and defense. Fire de-
partments do not prevent losses from
fires; the police do not prevent all crime;
but wt o would suggest that we do with-
out them?
Nor should we underestimate the im-
portance of modest progress. It is fre-
quently pointed out, for example, that
even ii the development programs of the
poor nations are quite successful in, say,
the next 20 years, the disparity between
their living standards and those of the
advanced nations is likely to become
greater, not less, than it is now. This
is probably true, but it tells us nothing
of the probable effects of economic prog-
ress. & marked increase in the affluence
of an already affluent America is likely
to hat e only minor political consequer.-
ces, bet even small advances in diet and
housing and education in a poor country
can make a vital difference between hope
and despair, between stability and din..
order, between democracy and dictator-
ship.
Thu ;?
As Herbert Feis puts it?
one nay anticipate that the disparity in
human condition and experience will lessen,
although differences in money income will
grow greater.
For sign aid, as I have suggested, can
cont.: bute to the development of a secure
world environment for the free societies
only as part of a grand strategy for se-
curity and peace. No matter how well
conceived and administered, foreign aid
can be of little value if our diplomacy is
clumsy or if our defenses are neglected.
It can contribute little to our security if
the problems of our own country--prob-
lens of education and employment, of
slums and crime and the physical de-
terioration of our cities--are left unre-
solved to destroy the magnetism of our
own example as a free society. And
:finally, if it is to contribute to our secu-
:city, foreign aid must be related not only
":43 our short-term strategy for the con-
sainment of Communist expansion, but
,also to our long-term strategy for allevi-
ating the cold war and developing peace-
ful and stable relations between the Com-
munist nations and the free nations.
In the context of the cold war the ob-
jective of our aid programs is to help
build stable and viable nations in Asia,
Africa, and Latin America, nations with
the capacity to resist Communist aggres-
sion and subversion and with reasonable
Prospects for both democracy and eco-
nomic development. Our aim is not to
build nations which will, be profusely
grateful to the United States, never an-
noy or displease us, anti follow us loyally
on all international questions. If these
were our objectives, a more effective pro-
gram would be the immediate termina-
tion of our aid program and the use of
all it,s funds and a great deal more for the
training and equipment of mass armies
of occupation.
Ingratitude is disagreeable but not
dangerous and slavish compliance is a
' characteristic for which a free society
has no use, either in itself or in its asso-
ciates. The fact remains, nonetheless,
that the United States should and must
expect the recipients of its aid to meet
certain basic criteria in their interna-
tional behavior. First and foremost, we
have the right to expect the recipients
of our aid to act vigorously and effec-
tively to preserve their own Independence
against Communist incursions.
In addition, we have the right?as Fels
expresses it--
to expect and ask that any nation to which
we give substantial help will not do the
"United States serious harm; that it will stand
with us in any critical issues if it wishes
our help in the future.
Our foreign aid program must also be
an integral part of a global strategy of
peace. Its broad objective, I have sug-
gested, is to help create a world environ-
ment in which free and self-governing
societies can. survive and prosper in peace
and reasonable security. Such a world
environment requires the abatement of
both the national and ideological differ-
ences that divide the Communist nations
from the free nations and the pro-
found social and economic disparities be-
tween the rich nations and the poor na-
tions. If our aid program is to be true
to its own objective, therefore, it must
be part of an overall strategy aimed at
both the development of the poor nations
and the relaxation of the cold war. Our
long-term objective must be the gradual
development of an attitude of mutual
toleration on the part of all countries
for all other countries. They may or may
not be friends, but they still can and
should cooperate to their respective ad-
vantages regardless of ideology and
wealth.
Looked at in this way, our foreign aid
program can be described as an instru-
ment of policy designed in the short tun
to help wage the cold war and in the long
run to help end it. As important as it
is in the immediate future to help the
less developed nations resist the incur-
sions of an expansive communism, it is
equally important that they be prepared
to play a constructive role in encouraging
the development of peaceful and stable
relations among the nuclear powers.
There is no contradiction between the
short-term goal of strengthening our po-
sition in the cold war through our aid
programs and the long-term goal of end-
ing the cold war. By drawing the less
developed countries into a free and de-
veloping concert of nations, we can fere-
close the Communist hope of gaining
control or predominant influence over
Asia, Africa, and Latin America just as
the Western Alliance has foreclosed
Communist ambitions in Europe. When
this is done, when the Communist Pow-
ers are confronted on every side with
virtually insuperable obstacles to expan-
sion, it will then be possible to offer them
an end of the cold war by making it clear
that we have no hostile designs against
them, that they can have secure and un-
troubled national existences within their
own frontiers so long as they rentain
within their own frontiers; and that we
are prepared to welcome them as asso-
ciates in a peaceful and cooperative
community of nations.
The objective is admittedly ideal. It
may perhaps be unattainable but I do
not, think it is unapproachable. An ob-
jective does not have to be within our
reach to be worth pursuing.
Ideals?
Said Carl Schurz?
are like stars; you will not succeed in touch-
ing them with your bands. But like the
seafaring man on the desert of waters, you
choose them as your guides, and following
them you will reach your destiny.
Mr. President, I ask unanimoua eon-
sent that, there be printed at this point
in the RECORn a letter sent to me by David
Bell, the Administrator of the Agency for
International Development, and an at-
tached preliminary report on the
amount of unobligated balances as of
June 30, 1964, for the military and eco-
nomic assistance programs. The report
shows a total unutilised balance of $22
million as of June 30? 1964, the lowest
at. the end of a fiscal year in the history
of the program.
There being no objection, the letter
and report were ordered to be printed in
the RECORD, as follows:
DEPARTMENT OP STATE,
AGENCY FOR INTERNATIONAL DEVELOPMENT,
Washington, D.C., July 8 1964.
Hon. I. W. FULBEIGHT,
Chairman, Commitee on Foreign Relations,
Senate, Wasitington, D.C.
DEAR MR. CMPAIRMAN: You Will be inter-
ested, I believe, in the attached preliminary
report showing the amount of unobligated-
unreserved balances, as of J, me 30, 1064, for
the military and economic programs iMiler
title I of the Foreign Assistance Appropria-
tion Act of fiscal year 1964. These are not
final figures. They are based on "Sash" re-
ports from our field missions and prec/osing
trial balances in our Washington accounts.
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CONGRESSKPINAL RECORD - SENATE 17135
Later changes in these figures, however, are
not expected to be large.
You will note from the attached table that
$152 million of available military and eco-
nomic funds were =utilized as of June 30,
1964. In addition, $6.8 million of principal
repayments and interest had accrued in the
development loan accounts but were not
legally available for obligation during the
fiscal year. The total of $22 million is the
lowest unutilized balance at the end of a
fiscal year in the history of the program.
These low figures are evidence of the fact
that fiscal year 1964 was an unusual year in
terms of demands placed upon the foreign
assistance program. Normally we would ex-
pect to have an appreciable balance left in
the contingency fund. This year, however,
it was necessary to use the entire contin-
gency fund to meet exceptional requirements
for military aid and to deal with the changed
situation arising in Brazil this spring.
If there is any additional information that
we can furnish in this regard, please do not
hesitate to call.
Sincerely yours,
DAVID E. BELL.
MUTUAL DEFENSE AND DEVELOPMENT PROGRAMS-17NOBLIGATED/UNRESERVED
BALANCES I
Fiscal yearend balances compared, fiscal year 19642 and fiscal year 1968, as of
June 80, 1964
[In millions of dollars]
June 30 1964, prelhninary
June 30, 1963, actual
Avail-
able
Not avail-
able for
obliga-
tion'
Total
Avail-
able
Not avail-
able for
obliga-
tion'
Total
Economic assistance:
Development loans
Alliance for Progress loans
Technical cooperation/development grants
Alliance TC/grants
Inter-American social and economic program_ _
Supporting assistance
International organizations
Contingency fund
Administrative expenses, AID
Administrative expenses, State
Survey of investment opportunities
American schools and hospitals abroad:
Regular program
Foreign currency program
Total, economic -r
Military assistance
Total, military and economic,
(4)
0)
6. 0
.1
. 2
4.0
. 8
1. 3
. 5
1.2
.1
4. 6
2. 2
4. 6
2. 2
6, 0
.1
. 2
4.0
.8
1.3
. 5
1.2
. 1
96. 2
92.0
47.3
2.7
1. 8
6. 0
.3
127. 1
2. 0
(4)
1. 1
.1
24
120. 2
92. 0
47.3
2.7
1. 6
6. 0
.3
127. 1
2.0
(9
1. 1
.1.
14. 2
1.0
6.6
21.0
LO
376. 4
22. 3
24
400.4
22. 3
15.2
6.8
22.0
398. 7
24
422.7
I Excludes nonbudgetary accounts-investment guarantees, excess property revolving fund, and MAP credit
sales account.
2 Preliminary data based on preclosing trial balance.
'Represents funds not legally available for obligation during the fiscal year.
4 Loss than $50,000,000.
Mr. MORSE. Mr. President, will the
distinguished majority leader yield me
20 seconds?
Mr. MANSFIELD. I yield.
Mr. MORSE. Mr. President, because
of the schedule of the Senate, I shall
postpone until Monday my reply to the
speech of the distinguished Senator from
Arkansas, in which he supports the for-
eign aid program. I shall oppose the bill
and offer a series of amendments start-
ing on Monday.
PROGRESS OF LEGISLATION
Mr. MANSFIELD. Mr. President, it is
the intention of the leadership to move
shortly that the Senate adjourn until
12 o'clock noon on Monday next. Before
doing so, I should like to make the fol-
lowing statement:
Since the reconvening of the Senate
on July 20, after the Republican conven-
tion, the Senate has passed a number of
major bills, including a score of Presi-
dential recommendations. Most of these
bills, if not all, have been passed by bi-
partisan effort. Therefore, credit is due
both parties. Among the major achieve-
ments are the following:
An across-the-board increase for mili-
tary personnel, through the efforts of
Senators RUSSELL, SALTONSTALL, STENNIS,
and the other Members of this body, be-
cause, as I recall, the bill was passed
unanimously.
A bill to clarify the complicated dual
compensation laws, which was so capably
handled by the distinguished Senator
from Texas [Mr. YARBOROUGH], and later
by the distinguished Senator from South
Carolina [Mr. JOHNSTON]. In this re-
spect, my distinguished colleague from
Montana [Mr. METCALF] and the distin-
guished Senator from Delaware [Mr.
WILLIAMS] raised questions which helped
to sharpen the issue and, as a result, en-
abled the Senate to pass a better bill.
A bill to prohibit futures trading in
potatoes on commodity exchanges, which
was passed largely through the efforts of
the distinguished Senator from Maine
[Mr. Musxm] and the distinguished
Senator from Vermont [Mr. Amur], the
senior Republican in this body.
The antipoverty bill, to which much
credit is due Senators MCNAMARA, JAVITS,
KEATING, FULBRIGHT, WILLIAMS of New
Jersey, and many other Senators, who
put their shoulders to the wheel in sup-
port of the measure.
A military construction bill, which was
cleared for White House action due pri-
marily to the intensive efforts of the dis-
tinguished Senator from Georgia [Mr.
RUSSELL], the distinguished Senator
from Mississippi [Mr. STENNIS], and the
ranking Republican on the Armed Serv-
ices Committee, the distinguished Sena-
tor from Massachusetts [Mr. SALTON-
STALL].
The appropriation bills cleared by this
body in the past 10 days were as follows:
The defense appropriation bill, under
the leadership of the distinguished Sena-
tor from Georgia [Mr. RUSSELL], and
ably assisted by the distinguished Sena-
tor from Mississippi [Mr. STENNIS], the
distinguished Senator from Missouri
[Mr. SYMINGTON], and the distinguished
Senator from Massachusetts [Mr. SAL-
TONSTALL] ; the legislative appropriation
bill, under the managerial skill of the
distinguished Senator from Oklahoma
[Mr. MONRONEY], the distinguished
chairman of the Appropriations Com-
mittee [Mr. HAYDEN], and the ranking
Republican, the distinguished Senator
from Massachusetts [Mr. SALTONSTALL];
the District of Columbia appropriation
bill, which was passed yesterday and was
managed so superbly by the distin-
guished Senator from West Virginia [Mr.
BYRD]; the conference report on the
Treasury-Post Office appropriation,
which was cleared for the President, and
was ably steered by the distinguished
Senator from Virginia [Mr. ROBERTSON].
That bill, as the distinguished Senator
from Wyoming [Mr. SimesoN] is aware,
contains an appropriation of $600,000 for
the minting of 45 million silver dollars.
This is good news for our States.
Also, a veterans housing bill to which
great credit should go to the distin-
guished Senator from Alabama [Mr.
SPARKMAN], a bill supported by all Mem-
bers Of the Senate.
The ratification of five important
treaties.
An extensive housing bill, through the
great efforts and skill of the distin-
guished Senator from Alabama [Mr.
SPARKMAN] and who was ably assisted
by the distinguished Senator from New
Jersey [Mr. WILLIAMS] , the distinguished
Senator from Pennsylvania [Mr. CLARK],
the distinguished Senator from New
Hampshire [Mr. MCINTYRE], the distin-
guished Senator from New York [Mr.
JAvirs], and through the cooperation of
the distinguished Senator from Texas
[Mr. TOWER], whose opposition was most
constructive and whose suggestions
helped make it possible to have a better
bill.
The establishment of a Commission
on Automation and Technology, so much
needed in our times, and for which the
Senate is indebted to the distinguished
Senator from Pennsylvania [Mr. CLARK],
the distinguished Senator from West
Virginia [Mr. RANDOLPH] , the distin-
guished Senator from Oregon [Mr.
MORSEL and the distinguished Senator
from New York [Mr. JAvrrs], the latter
two of whom submitted the original
resolution on automation.
A $2.3 billion highway authorization
bill, cleared largely through the efforts
of the distinguished Senator from West
Virginia [Mr. RANDOLPH], the distin-
guished Senator from Michigan [Mr.
MeNAmAnA], and the ranking minority
member of the Committee on Public
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17136 CONGRESSIONAL RECORD ? SENATE August 1, 1964
Works, the distinguished Senator from
Kentucky [Mr. Comma].
A bill to implement the International
Coffee Agreement, which was passed
largely through the efforts of Senators
SMATHERS, AIKEN, and MORSE, but also
through the efforts of Senator DOUGL
and Senator CARLSON whose sincere and
constructive opposition contributed so
greatly in making an outstanding legis-
lative history and which put the State
Department on notice that the Senate.
will watch this quota system most care-
fully emecially as it relates to an in-
crease .;n coffee prices.
The iassage this morning of the Hill-
Burton Hospital Construction Act, under
the superb leadership of the distin-
guished Senator from Alabama, who is
a perernial in this respect.
The passage of the National Defense
Education Act, under the excellent and
outstanding floor managership of the
distinguished senior Senator from.
Oregor [Mr. Molise], ably abetted and
supporsed by the distinguished Senator
from Vermont [Mr. Peotors].
In praising the Senate as a whole and
attempting to single out some members
for their skill, effort, and cooperation in
connection with specific pieces of legisla-
tion, some will always be inadvertently
omitted from the list, but one who could.
never de forgotten is the distinguished
minority leader [Mr. DIRICSEN3 ; I must
say that the effort that brought about
these achievements could never have
been sccomplished without the leader-
ship, counsel, spirit of cooperation, and
duty aeways manifested by him.
Next week, we hope to conclude action
on the independent offices bill, perhaps
the public works bill, and also the agri-
cultural appropriations bill.
It is anticipated that we will bring up
legislation having to do with nurses
training, and also the interest equaliza-
tion
Let me say to all Senators on both
sides cf the aisle that we have made great
progress.
I with to personally thank each Sena-
tor for his valuable contribution in as-
sisting- the leadership to get these meas-
ures through so expeditiously.
Mr. MORSE. Mr. President, will the
Senator from Montana yield?
Mr. MANSisIELD. I yield.
Mr. MORSE. The majority leader, as
usual, has been very gracious in expres-
sing 3.ppreciation to those who have
helped to put through the legislative
progn un.
All Senators know?and I would have
the country know?that if it were not for
the able leadership of the majorisy
leadee, his ability to handle men, his
deftn .1ss in carrying out a very difficult
assignment, none of these pieces of legis-
:lotion would have been enacted. The en-
tire Senate and the entire country owe
the Senator from Montana a great debt
of gratitude for his statesmanship.
Mr. MANSFIELD I am indebted to
the Senator from Oregon for his kind re-
marks.
COFFEE PRICES ALREADY GOING UP
AFTER ENACTMENT OF H.R. 8864,
THE INTERNATIONAL COFFEE
AGREEMENT YESTERDAY
Mr. DOUGLAS. Mr. President, I ap-
preciate the gracious references of the
Senator from Montana about the efforts
of the Senator from }Kansas and the Sen-
ator from Illinois in opposing the coffee.
bill yesterday.
I especially appreciate his statement
that Senators should keep close watch on
what will happen after Passage of the
bill.
Mr. President, I hold in my hand a
copy of the New York Times for this
morning, which on page 30 gives the
movement of future prices in coffee on
Friday as compared with Thursday.
I should like to read two of these fu-
tures.
When the market closed on Thursday,
March futures for 1965, on B grade coffee
stood at 47.23 cent; per pound. When
the market closed last night, after we
had passed the bill, it stood at 47.74 cents
per pound?an increase of 0.51 cents per
pound, or approximately one-half cent.
May futures which had been 47.11
cents per pound on Thursday, after the
market closed last night was 47.68 cents
per pound, or an increase of 0.5'7 cents
per pound, or slightly over one-half a
cent.
Each cent of increase in the price of
coffee means from $30 to $35 million to
the American consumers. The increase
yesterday, which will probably be reflect-
ed in subsequent inereases, amounted to
$15 to $17 million.
This is precisely what the Senator
from Kansas and the Senator from Illi-
nois had prophesied would happen. This
increase was undoubtedly due to the pas-
sage of the bill yesterday. So far as I
know, there was na change in weather
forecasts for BraeL or for anywhere in
Latin America to justify any expectation
that the supply of coffee would diminish.
There was no information to indicate
that there had been any expected in-
crease in demand. What happened was
that we had passed the coffee bill. The
news reached New York and the specula-
tors decided that this meant prices next
year would be higher than this year.
Mr. President, this is only the begin-
ning. This is mereiy the first installment
on the bill. This is merely the reaction
in the first hours after our action yes-
terday.
The Coffee Council is meeting now, as
I understand, in London, and will meet
again next week to make its final deci-
sion on quotas. It will be very interest-
ing to see what they do.
Yesterday's trading indicates that the
Senator from Kansas and the Senator
from Illinois were correct as to the effect
of this pact upon the future course of
coffee prices.
The chickens are coming home to
roost, but they are not coming home to
those who supported this measure; they
are coming home to the American people.
They are coming home to the families of
the plainsmen out West who drink their
cups of coffee to brace themselves against
the asperities of the weather. They are
coming home to the people who live in
the small towns and in the big cities.
They are coming home in the form of an
increased price of coffee.
It is my intention, in conformity with
the excellent admonition of the Senator
from Montana, to try to keep watch from
time to time on what happens to coffee
prices.
I can say that they began yesterday
afternoon, just as I expected them to
begin?with an increase.
Mr. SIMPSON. Mr. President, let me
say to the Senator from Illinois that I
concur with him in his remarks, and
I trust that a check on these coffee prices
will be made anclart record kept.
Mr. President, I rise to commend the
majority leader for his fairness, his un-
derstanding, and his generosity with
respect to the accomplishments of this
body in the past few weeks.
The majority leader is always fair and
just. He conducts himself with impec-
cable integrity.
His remarks as to the work of the
minority leader and the cooperation
given on this side of the aisle are another
indication of that integrity, and I thank
him wholeheartedly.
Mr. MANSFIELD. Mr. President, I
thank the Senator from Wyoming most
sincerely for his comments.
ADJOURNMENT UNTIL MONDAY
Mr. MANSFIELD. Mr. President, if
there is no further business to come be-
fore the Senate, I move that the Senate
stand ha adjournment until 12 o'edock
noon on Monday.
The motion was agreed to; and (at
12 o'clock and 8 minutes p.m.) the Sen-
ate adjourned until Monday, August 3,
1964, at 12 o'clock meridan.
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Saturaay, August 1, 1964
Daily Digest
? HIGHLIGHTS
Senate passed 16 sundry bills, including ones on defense education, impacted
area schools, and on hospital facilities, and considered foreign aid bill.
Senate
Chamber Action
Routine Proceedings, pages 17083-17103
Bills Reported: Reports were made as follows:
S. 2419, authorizing condemnation of certain prop-
erty in St. Augustine, Fla., for the Castillo de San
Marcos National Monument (S. Rept. 1290);
S. 1909, authorizing funds for the operation of the
Battle of New Orleans Sesquicentennial Celebration
Commission (S. Rept. 1291) ; and
S. 1481, providing for the establishment of Agate
Fossil Beds National Monument, Nebr., with amend-
ments (S. Rept. 1292). Page 17083
Sundry Bills Passed: By unanimous consent, the fol-
lowing 16 sundry bills were taken from calendar and
passed, as indicated:
Without amendment and cleared for President:
Hospital facilities: H.R. 10041, authorizing funds for
improved hospital and medical facilities;
Public lands?Alaska: H.R. 8523, authorizing con-
veyance of certain lands to the city of Saxman, Alaska;
Public lands?Alaska: H.R. 8654, to terminate the
restriction on the use of certain land conveyed to Fair-
banks, Alaska;
Nevada water: H.R. 1892, to repeal the right to pros-
pect for underground water on designated public lands
- in Nevada;
Armed Forces dependents: H.R. 4739, regarding ad-
vance movement of Armed Forces' dependents and bag-
gage and household effects from overseas areas;
Armed Forces: H.R. 2989, to permit the continued
crediting of pay to members of Armed Forces who are
detained in foreign countries against their will;
Indians: H.R. 10973, providing for disposition of
judgment funds to the Lower Pend d'Oreille or Kalispel
Tribe of Indians; and
Private bill: One private bill, H.R. 5302.
With amendment, to be sent back to House:
independence National Park: H.R. 988, authorizing
acquisition of the Graff House Site for inclusion in In-
dependence National Historic Park, Philadelphia.
Without amendment and cleared for House:
Education: S. 3060, proposed amendments to the
National Defense Education Act, including a 3-year
extension of that act, and a 2-year extension of im-
pacted areas education legislation (motion to reconsider
tabled);
Merchant marine: S. 2995, to amend the Merchant
Marine Act in order to extend the time for commitment
of construction reserve funds;
ROTC flight instruction: 5.3063, to make permanent
the authority for flight instruction for members of the
ROTC;
Armed Forces?"turncoat" pay: S. 3062, to provide
for the withholding of pay of military personnel who,
while prisoners of war, aid the enemy; and
Meteorology: S. 970, authorizing Secretary of Com-
merce to utilize funds received from State and local
governments for special meteorological services.
With amendment and cleared for House:
Oceanography: S. 2552, to exempt oceanographic re-
search vessels from the application of certain vessel in-
spection laws; and
Fort Bowie Historic Site: S. 91, authorizing the estab-
lishment of the Fort Bowie National Historic Site, Ariz.
Apes 17103-17132
Foreign Aid: Senate continued its consideration of
H.R. 11380, fiscal 1965 authorizations for the foreign
aid program. Pages 17103,17132-17135
Program for Monday: Senate met at io a.m. and ad-
journed at 12:08 p.m. until noon Monday, August 3,
when it will continue on H.R. 11380, foreign aid
authorizations. Page 17136
Committee Meetings
No committee meetings were held.
D621
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D622 CONGRESSIONAL RECORD ? DAILY DIGEST August 1, 196.4
House of Representatives
Committee Meetings
No committee meetings were held today.
Chamber Action
The House was not in session today. Its next meet-
ing vcill be held on Monday, August 3, 1964, at 12
o'clock noon.
Congrtssional Rcroni The public proceedings of each House of Congress, as reported
by the Official Reporters thereof, are printed pursuant to direc-
tions of the Joint Committee on Printing as authorized by
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cepting very infrequent instances when two or more unusually small consecutive Issues are printed at one time. if The
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check or money order, made payable to the Superintendent of Docummts, directly to the Government Printing Office, Washington, D.C.,
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