AMENDMENT OF FOREIGN ASSISTANCE ACT OF 1961

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CIA-RDP66B00403R000300090024-5
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July 31, 1964
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.1964 Declassified and Approved For Release 2014/02/21: CIA-RDP66B00403R000300090024-5 CONGRESSIONAL RECORD ? SENATE _ I further announce that, if present and voting, the Senator from Virginia [Mr. Byrn)], the Senator from Oklahoma [Mr. EDMONDSON] , the Senator from Ohio [Mr. LAusatz ] , the Senator from Rhode Island [Mr. PASTORE] and the Senator from Georgia [Mr. TALMADGE] mould each vote "nay." On this vote, the Senator from Mary- land [Mr. BREWSTER] is paired with the Senator from Massachusetts [Mr. KEN- NEDY]. If present and voting, the Sena- tor from Maryland would vote "yea" and the Senator from Massachusetts would vote "nay." Mr. KUCHEL. I announce that the Senator from Arizona [Mr. GoLDwATER], the Senator from New Mexico [Mr. MECHEM], the Senator from Iowa [Mr. MILLER], the Senator from Verniont [Mr. PRouTY], the Senator from Massachu- setts [Mr. SALTONSTALL] , and the Senator from Texas [Mr. TowEx] are necessarily absent. The Senator from Nebraska [Mr. HausNA] and the Senator from South Dakota [Mr. MUNDT] are absent on offi- cial business. The Senator from Illinois [Mr. DIRK- sEN], the Senator from Utah [Mr. BEN- NETT], and the Senator from Wyoming [Mr. SIMPSON] are detained on official business. Also, the Senator from Kentucky [Mr. COOPER], the Senator form Nebraska [Mr. Curtly's], the Senator from Idaho [Mr. JORDAN], and the Senator from North Dakota [Mr. YOUNG] are detained on of- ficial business. If present and voting, the Senator from Nebraska [Mr. HRUSKA], the Senator from Iowa [Mr. MILLER] , and the Senator from Texas [Mr. TowER] would each vote "nay." The result was announced?yeas 20, nays 47, as follows: [No. 510 Leg.] YEAS-20 Bayh Beall Case Clark Dodd Douglas Fong Aiken Allott Bartlett Bible Boggs Burdick Byrd, W. Va. Carlson Church Cotton Dominick Eastland Ellender Ervin Fulbright Hayden Anderson Bennett Brewster Byrd, Va. Cannon Cooper Curtis Dirksen Edmondson Goldwater Gruening Gore ' Morse Hart Nelson Javits Neuberger Keating Pell Kuchel Proxmire McIntyre Williams, N.J. McNamara ' NAYS-47 Hickenlooper Morton Hill Pearson Holland Randolph Humphrey Robertson Inouye Russell Johnston Scott Jordan, N.C. Smathers Long, Mo. Smith Long, La. Sparkman Magnuson Stennis Mansfield Symington McCarthy Thurmond McClellan Walters McGee Williams, Del. McGovern Young, Ohio Monroney NOT VOTING-32 Hartke Hruska Jackson Jordan, Idaho Kennedy Lausche Mechem Metcalf Miller Moss Mundt No. 147-23 Muskie Pastore Prouty Ribicoff Saltonstall Simpson Talmadge Tower Yarborough ' Young, N. Dak. So the amendment of the Senator from Oregon was rejected. Mr. BYRD of West Virginia. Mr. President, I move that the, vote by which the amendment was rejected be recon- sidered. Mr. HUMPHREY. Mr. President, I move to lay that motion on the table. The motion to lay on the table was agreed to. Mr. HUMPHREY. Mr. President, I offer an amendment which I send to the desk and ask to have stated. The PRESIDING OFFICER. The amendment of the Senator from Minne- sota will be stated. The LEGISLATIVE CLERK. On page 6, line 4, it is proposed to strike out "$9,819,- 000" and insert in lieu thereof "$9,844,- 000". Mr. HUMPHREY. Mr. President, the amendment to the District of Columbia appropriation bill would restore the $25,- 000 requested in the budget to help defray ? the cost of free concerts in the District by the National Symphony Orchestra. The purpose of the free concerts is to advance the performing arts by giving four free concerts for children in each section of the city. I want to make it clear that this is not simply a $25,000 handout to the Na- tional Symphony. The funds would be included in the District of Columbia Rec- reation Department budget. - This appropriation would make it pos- sible for the Symphony Association to add 1 week of service to the community of the Nation's Capital and employment to its musicians. This request has the support of the District of Columbia Commissioners, of the White House through the Advisor on District of Columbia Affairs, of organized labor, and of thousands of residents in and near the District. Unlike other municipal orchestras, the National Symphony has never, in its 33 years of growth, received subsidies from Government sources. In terms of the numbers of individuals who fictively support it, the National Symphony is the best-supported orchestra in the United States; it receives gifts from over 25,000 individuals. That is some 214 times greater than the number of individuals giving to any other major symphony. I should also point out that the Na- tional Symphony does extremely well in earning its own way, producing almost 70 percent of its annual expenses through performances. Most other orchestras earn less through performances, many as little as 50 percent. All of this is to the good, Mr. President, but let us not overlook the other side of the coin. In almost all major cities of the United States, resident orchestras receive support from their municipal, county, or State governments. For ex- ample, the Buffalo Orchestra receives $137,300. The Los Angeles Symphony receives $167,000. Other orchestras for which public funds help to support youth concerts are: Cincinnati, $35,000; Cleve- land, 05,000; Indialianolis, $60,000; Rochester, $33,000; and Seattle, $30,000. In all of these cases the figures I have 17073 cited include support for student con- certs in public schools. The National Symphony gives 12 to 15 such concerts a year through its own privately supported means. To that ex- tent, the National Symphony has been subsidizing the community in which it resides. This type of concert is both familiar and popular throughout the country. It introduces young people to the art of a symphony orchestra through live performances and demonstrations of individual instruments. Mr. President, I urge my colleagues to endorse this modest but very impor- tant item by supporting this amendment. Mr. BYRD of West Virginia. Mr. President, I discussed the question with the majority whip prior to the meeting of the full committee markup of the bill. The majority whip could not be present upon that occasion, and I assured his staff member that I would offer the amend- ment. I inadvertently failed to do so, and I so stated to the press. I am glad to accept the amendment at this time. Mr. DOUGLAS. Mr. President, I do not wish to disturb the happy comity which has developed on this very desira- ble appropriation, but it is extraordinary that the Senate will accept an appro- priation for music, which I believe is ex- cellent, but will reject any amendment designed to make books more available to the population of Washington, D.C., or to feed the starving children of the unemployed. The PRESIDING OFFICER. The question is on agreeing to the amend- ment of the Senator from Minnesota. The amendment was agreed to. The PRESIDING OFFICER. The bill is open to further amendment. If there be no further amendment to be proposed, the question is on the engrossment of the amendments and the third reading of the bill. The amendments were ordered to be engrossed, and the bill to be read a third time. The bill was read the third time, and passed: Mr. BYRD of West Virginia. Mr. President., I move that the Senate insist upon its amendments and request a con- ference with the House of Representa- Alves thereon, and that the Chair ap- point the conferees on the part of the Senate. The PRESIDING OFFICER. The question is on agreeing to the motion of the Senator from West Virginia. The motion was agreed to; and the Chair appointed Mr. BYRD ,of West Vir- ginia, Mr. HUMPHREY, Mr. BARTLETT, Mr. ELLENDER, Mr. STENNIS, Mr. BIBLE, Mr. CASE, Mr. COTTON, and Mr. SALTONSpiLL conferees on the part of thSie.1 AMENDMENT TO FOREI ASSI -ANCE ACT OF 1b61 Mr. MANSFIELD. Mr. President, I move that the Senate proceed to the con- sideration of Calendar No. 1123, the bill H.R. 11380. The PRESIDING . OFFICER. The bill will be stated by title. Declassified and Approved For Release 2014/02/21: CIA-RDP66B00403R000300090024-5 Declassified and Approved For Release 2014/02/21: CIA-RDP66B00403R000300090024-5 17074 CONGRESSIONAL RECORD - SENATE The LEGISLATIVE CLERK. A bill (HR. 11380) to amend further the Foreign Assistance Act of 1961, as amended, and for other purposes. 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, which had been reported from the Com- mittee on Foreign Relations with amend- ments, on page 2, line 8, after the word "and", to strike out "$224,600,000" and insert "$215,000,000"; after line 16, to insert: (e) Add the following new section at the end thereof: "SEC. 217. USED MANUFACTURINd EQUIP- MENT.-The President is authorized to use funds made available for the purposes of sec- . tion 211 to conduct a study and investigation to determine the feasibility of establishing programs for the furnishing to less developed friendly countries and areas of used tools, machinery, and other manufacturing equip- ment to be donated by private enterprises and the extent to which such programs are likely to be utilized by and contribute to the economic development of the receiving country. The President shall submit to the Congress at the earliest practicable date a report of the results of such study and in- vestigation, together with such recommenda- tions for legislation as he deems advisable." On page 3, after line 11, to insert: (1) Strike out "fraud or misconduct" in the second proviso and insert in lieu thereof "fraud, misconduct, or action not meeting a standard of reasonable business prudence". At the beginning of line 16, to strike out " (1) " and insert " (2) "; at the begin- ning of line 18, to strike out " (2) " and insert " (3) "; on page 4, at the beginning of line 2, to strike out "$2,000,000 and"; in the same line, after "1965", to strike out "and $2,100,000, respectively."; in line 20, after the word "and", to strike out "$134,272,400" and insert "$134,400,- 000"; at the beginning of line 23, to strike out "None of the funds available to carry out this chapter shall be con- tributed to any international organiza- tion or to any foreign government or agency thereof to pay the costs of devel- oping or operating any volunteer pro- gram of such organization, government, or agency relating to the selection, training, and programing of volunteer manpower" and insert "None of the funds available to carry out this chapter may be used for contributions (1) to the International Secretariat for Volunteer Service or any similar international or- ganization for use by it to pay the costs of developing or operating any volunteer service or other Peace Corps-type pro- gram of any foreign - government or agency thereof or (2) to any volunteer service or other Peace Corps-type pro- gram administered by such interna- tional organization."; on page 5, line 16, after the word "and", to strike out "$405,000,000" and insert "$374,700,000"; In line 17, after the word "respectively", to strike out the comma and "and by adding at the end thereof the following new sentence: 'Of the funds made available for the fiscal year 1965 to carry out the purposes of this chapter, not less than $200,000,000 shall be available solely for use in Vietnam, unless the President determines otherwise and -promptly reports such determination to the Committees on Foreign Relations and Appropriations of the Senate and to the Speaker of the House of Representa- tives.'; on page 7, line 6, after the word "and", to strike out "$1,055,000,000" and insert "$1,045,000,000"; in line 7, after the amendment just above stated, to strike out "respectively, and by adding at the end thereof the following new sen- tence: 'Of the funds made available for the fiscal year 1965 to carry out the pur- poses of this part, not less than $200,- 000,000 shall be available solely for use in Vietnam, unless the President deter- mines otherwise and promptly reports such determination to the Committees on Foreign Relations and Appropriations of the Senate and to the Speaker of the House of Representatives,'" and insert "respectively."; on page 9, after line 13, to strike out: (a) Amend section 601(c), relating to the Advisory Committee on Private Enterprise, as follows: (1) In paragraph (4), strike out "Decem- ber 31, 1964" and substitute "June 30, 1965". (2) In paragraph (5), strike out "$50,000" and substitute "$100,000 for all costs neces- sary to the Committee's operations". And, in lieu thereof, to insert: (a) Amend section 601(c), relating to the Advisory Committee on Private Enterprise, by striking out in paragraph (4) "December 31, 1964" and substituting "June 30, 1965". At the top of page 10, to strike out: (b) Section 601, which relates to the en- couragement of free enterprise and private participation, is amended by adding at the end thereof the following new subsection: "(d) It is the sense of Congress that the Agency for International Development should continue to encourage, to the maxi- mum extent consist with the national .In- terest, the utilization of engineering and professional services of United States firms (including, but not limited to, any corpora- tion, company, partnership, or other asso- ciation) or by an affiliate of such United States firms in connection with capital proj- ects financed by funds authorized under this Act." At the beginning of line 13, to strike out "(c)" and insert "(b)"; on page 11, after line 9, to insert: (c) Amend subsection 620(e), relating to expropriations and other similar matters, as follows: (1) After "(e)" insert "(1)". (2) Redesignate subparagraphs (1), (2), and (3) of the first paragraph as subpara- graphs (A), (B), and (C), respectively. (3) Strike out "paragraphs (1), (2), or (3)" and substitute "subparagraphs (A), (B), or (C) of paragraph (1)". (4) At the end of such subsection add the following new paragraph (2) : "(2) Notwithstanding any other provision of law, no court in the United States shall decline, on the ground of the federal act of state doctrine, to make a determination on the merits or to apply principles of inter- national law, including the principles of compensation and the other standards set out in this subsection, in a case in which an act of a foreign state occurring after Janu- ary 1, 1959, is alleged to be contrary to inter- national law, and effect shall not be given by the court in any such case to acts that are found to be in violation thereof: Pro- vided, That this subparagraph shall not be applicable in any case with respect to which the President determines that application of July 31 the act of state doctrine is required in that particular case by the foreign policy inter- ests of the United States and a suggestion to this effect is filed on his behalf in that case with the court." ' On page 12, after line 22, to strike out: (g) At the end of section 620, add the fol- lowing new subsection: "(n) No assistance shall be furnished un- der this Act for construction or operation of any productive enterprise in any country unless the President determines that similar productive enterprise within the United States are operating at a substantial portion of their capacity and that such assistance will not result in depriving such United ' States enterprises of their reasonable share of world markets. The President shall keep the Foreign Relations Committee and the Appropriations Committee of the Senate and the Speaker of the House of Represen- tatives fully and currently informed of as- sistance furnished under this Act for the construction or operation of productive en- terprises in all countries, including specifi- cally the numbers of such enterprises, the types of such enterprises, and the locations of such enterprises." On page 13, line 22, after the word "than," to strike out "twenty" and in- sert "thirty"; after line 23, to insert:- (2) Subsection (e) is amended to read as follows: "(e) The President is authorized to pre- scribe by-regulation standards or other cri- teria for maintaining adequate performance levels for personnel employed or assigned to perform duties pursuant to this Act and may, notwithstanding any other provision of this or any other law, but subject to an appropriate administrative appeal, separate personnel who fail to meet such standards or other criteria, other than personnel em- ployed under section 624(d), 625 (b) , 625(k), 626(a) or 631 of this Act, and also may grant personnel separated hereunder severance benefits of one month's salary for each year's service, but not to exceed one year's salary at the then current salary rate of such personnel." On page 14, after line 12, to insert: (3) Add the following new subsection (j) : "(j) The President is authorized, at any time during the two-year period commenc- ing on the effective date of the Foreign As- sistance Act of 1964, to separate, notwith- standing any other provision of this or any other law, any person employed or assigned to perform duties pursuant to this Act. The authority contained in this subsection shall not apply to persons with General Schedule appointments of grade 12 or below, Foreign Service Reserve appointments of class 5 or below, or Foreign Service Staff appointments of class 3 or below, or to persons employed under section 624(d) of this Act. The ag- gregate number of persons separated under this subsection shall not exceed one hundred in any twelve-month period." On page 15, at the beginning of line 3, to strike out " (2) " and insert "(4) "; in the same line, after the word "subsec- tion," to strike out "(j)" and insert "(k)"; at the beginning of line 4, to strike out "(j)" and insert "(k)"; at the beginning of line 6, to strike out "the In- ter-American Economic and Social Council and to be United States repre- sentative to"; after line 15, to strike out: (1) Subsection (a) is amended by striking out "$75" and substituting "$100". At the beginning of line 18, to strike out "(2) Subsection (c) is amended"; and, at the top of page 16, to strike out: Declassified and Approved For Release 2014/02/21: CIA-RDP66B00403R000300090024-5 Declassified and Approved For Release 2014/02/21: CIA-RDP66B00403R000300090024-5 gaff 1964 CONGRESSIONAL RECORD ? SENATE CHAPTER 3?MISCELLANEOUS PROVISIONS SEC. 303. Chapter 3 of part III of the For- eign Assistance Act of 1961, as amended, which relates to miscellaneous provisions, is amended by adding at the end thereof the following new section: "SEC. 648. SPECIAL AUTHORIZATION FOR USE OF FOREIGN CurutExcrEs.?Subject to the pro- visions of section 1415 of the Supplemental Appropriation Act, 1953, the President is authorized, as a demonstration of good will on the part of the people of the United States for the Polish and Italian ,people, to use foreign currencies accruing to the United States Government under this or any other Act, for assistance on such terms and con- ditions as he may specify, in the repair, rehabilitation, improvenient, and mainte- nance of cemeteries in Italy serving as the burial place of members of the armed forces of Poland who died in combat in Italy during World War II." Mr. MANSFIELD. Mr. President, there will be no action taken on the bill this evening. Mr. MORSE. Mr. President, will the Senator yield? Mr. MANSFIELD. I yield. Mr. MORSE. I think the Senator will probably make the same statement a week from tonight. Mr. MANSFIELD. Very likely. Mr. MORSE. However, that is not what I rose to tell the Senator from Mon- tana. If it is the desire of the Senator from Montana from time to time to lay aside the amendment to the Foreign As- sistance Act of 1961 for the purpose of considering various problems as they arise, I want him to know that he will have my complete cooperation in agree- ing to lay aside the bill at any time he wishes to do so. Mr. MANSFIELD. I must say that I am surprised and delighted. CIVILIAN EMPLOYMENT OF RE- TIRED MEMBERS OF THE UNI- FORMED SERVICES Mr. JOHNSTON. Mr. President, I ask that the Chair lay before the Senate a message from the House of Representa- tives: The PRESIDING OFFICER laid be- fore the Senate the following message from the House of Representatives: Resolved, That the House concur in the amendments of the Senate numbered 1, 2, 4, 5, 6, 7, 8, and 9 to the bill (H.R. 7381) enti- tled "An Act to simplify, modernize, and consolidate the laws relating to the employ- ment of civilians in more than one position and the laws concerning the civilian employ- ment of retired members of the uniformed services, and for other purposes." Resolved, That the House disagree to the amendment of the Senate numbered 3, to aforesaid bill. Mr. JOHNSTON. Mr. President, on July 23 the House of Representatives ac- cepted the Senate version of the com- pensation bill with one exception. The House struck out section 206. Of the nine amendments that the Senate made to the House bill, the House accepted eight, but they struck out the one sec- tion, which is section 206, and agreed to carry it into conference. But now there will be no conference. Mr. CARLSON. Mr. President, I be- lieve that the action is a very happy solution to a very difficult problem that has confronted the? Congress and many of our citizens. I sincerely hope that the Senate will accept the action of the House. ? Mr, JOHNSTON. Mr. President, when the dual compensation bill was passed by the Senate on July 20, the Senator from Delaware [Mr.-WILLIAMS] requested the committee to advise him in regard to crediting military service for retire- ment purposes for Members of Congress. I ask unanimous consent that there be inserted in the RECORD a letter from An- drew E. Rudock, Director of the Bureau of Retirement and Insurance of the Civil Service Commission. I believe? his letter is responsive to this question. There being no objection, the letter was ordered to be printed in the RECORD, as follows: U.S. CIVIL SERVICE COMMISSION, BUREAU OF RETIREMENT AND INSURANCE, Washington, D.C., July 24, 1964. Hon. RALPH W. YARBOROUGH, Chairman, Subcommittee on Civil Service, Committee on Post Office and Civil Serv- ice, U.S. Senate. DEAR MR. CHAIRMAN: As you requested for the RECORD in connection with HR. 7381, I am furnishing an explanation of how the Civil Service Retirement Act operates with respect to the crediting of military service in computing the annuity of a Member of Congress. The formula for computing Member an- nuity is set forth in section 9(c) of the Re- tirement Act (5 U.S.C. 2259(c) ). Under this formula, a retiring Member's basic annuity (subject to a maximum of 80 percent of final salary) consists of two parts as follows: Part I: 21/2 percent of "high-5" average salary multiplied by his years of?( a) Mem- ber service, (b) active honorable military service performed during war or national emergency while on leave of absence from Congress, if he is not receiving military re- tired pay, (c) other active honorable military service, not exceeding 5 years, if he is not receiving military retired pay, (d) congres- sional employees service, not exceeding 15 years: Plus? Part II: 134 percent of "high-5" average salary multiplied by any years of other credit- able Federal civilian or military service which, when added to years of 211/2 percent service do not exceed a total of 10 years (if 21/2 percent service totals 10 years or more, 134 percent does not operate) , and 2 percent of average salary multplied by any remaining years of creditable Federal civilian or mili- tary service not used at 21/2 or 13% percent. If the Member does not receive military retired pay, the formula affords him 211/2 per- cent credit under part I for a limited portion of his active honorable military service. Any remaining military service not used at 21/2 percent is credited at the lower percentage rates provided in part FL If the Member does receive military re- tired pay, the creditability of his military service is determined under the Retirement Act provisions outlined in my letter to you dated July 14, 1964; that is, under the same rules applicable to employees in general. If the type of retired pay received by the Mem- ber falls under one of the exceptions not bar- ring credit for military service, annuity credit for his active honorable military service is computed under the 13% or 2 percent steps of part II of the formula. If retired pay is not one of the accepted types, credit is of course barred for all of the Member's military serv- ice. Sincerely yours, ANDREW 'E. RUDDOCK, Director. 17075 Mr. JOHNSTON. Mr. President, I move that the Senate recede from its amendment No. 3. The PRESIDING OFFICER. The question is on agreeing to the motion of the Senator from South Carolina. The motion was agreed to. COMMISSIONING ADDRESS FOR U.S.S. "JAMES MADISON" BY HON. THOMAS D. MORRIS Mr. MONRONEY. Mr. President, this week more muscle was added to one of America's great arms of defense when the James Madison, our 23d Polaris sub- marine, was commissioned at Newport News. I am pleased to offer for the REC- ORD the splendid address of the day made by the Honorable Thomas D. Morris, Assistant Secretary of Defense, Installa- tions and Logistics, as the submarine was turned over to its well-trained officers and crewmen. The commissioning honored the fourth President of the United States, who was known as the master builder of the Con- stitution and who guided the young Na- tion through the War of 1812. I have personally met many of the officers and men who served on the Madison and have been tremendously impressed by their. dedication of their abilities to keep America safe from enemy attack. Two complete crews will man the submarine. Comdr. Joseph L. Skoog, Jr., of Seattle, Wash., will com- mand the blue crew, and Comdr. James D. Kearny, of Washington. D.C., will command the gold crew. The James Madison was launched on March 15, 1963. I ask unanimous consent to have the address printed at this point in the RECORD. There being no objection, the address was ordered to be printed,in the RECORD, as follows: COMMISSIONING ADDRESS FOR U.S.S. "JAMES MADISON" (SSBN-627) BY THE HONORABLE THOMAS D. MORRIS, ASSISTANT SECRETARY OF DEFENSE, INSTALLATIONS AND LosIsrms., JULY 28, 1964, AT NEWPORT NEWS, VA.. Admiral Lowrance, ladies, and gentlemen; it is my pleasant duty today to express to the Navy, to the officers and crews of our 23d Polaris submarine, and to its builders?the deep gratitude and respect of our Govern- ment and of the citizens of the free world everywhere. In a world where no major wars are now raging, it may seem inappropriate to dwell- on the awesome destructive power that will be poised ready for launching, in this sub- marine. It is for this very reason that we speak of our deterrent force?a force to put potential enemies on notice that we have the weapons to retaliate overwhelmingly if attacked. Sixteen nuclear tipped missiles? which take their name from the North Star, Polaris?will soon be hidden somewhere in the vastness of the ocean?ready to rain de- struction on a potential enemy, if all-out war should come. Although we do not wish to rattle our mis- siles, or raise our weapons in threat, this submarine is an indisputable fact. It is a significant fact. The whole world now ap- preciates the military significance of the mo- bile Polaris missile system, as well as of the other weapons in our defense arsenal which include land-based missiles and weapons carried in aircraft. All three types are on constant alert; the submarines on station Declassified and Approved For Release 2014/02/21: CIA-RDP66B00403R000300090024-5