MUTUAL SECURITY APPROPRIATION BILL, 1960

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• Document Page Count: 11
• Document Creation Date: December 23, 2016
• Document Release Date: March 12, 2014
• Sequence Number: 3
• Publication Date: September 15, 1959
• Content Type: OPEN SOURCE

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STAT
House of Representatives
[House proceedings of September 14,
1959]
AFTER RECESS
The recess having expired, the House
was called to order by the Speaker at t
3 o'clock and 25 minutes a.m., Tuesday,
September 15, 1959.
FURTHER MESSAGE FROM THE
SENATE
A .further message from the Senate
by Mr. McGown, one of its clerks, an-
nounced that the Senate had passed
without amendment bills, a joint reso-
lution, and a concurrent resolution of
the House of the following titles:
H.R. 3254. An act for the relief of Thomas
Forman Screven, Julia Screven Daniels, and
May Bond Screven Rhodes;
HM. 4938. An act to amend the Agricul-
tural Adjustment Act of 1938 to extend for
2 years the definition of "peanuts" which is
now in effect;
H.R. 5733. An act for the relief of Park
National Bank;
HR. 7452. An act for the relief of Wil-
liam B. Jackson;
HR. 8392. An act to amend the District
of Columbia Stadium Act of 1957 with re-
spect to -motor-vehicle parking areas, and
for other purposes;
H.R. 8685. To amend the Internal Revenue
Code of 1954 to provide for the Presidential
appointment of a Chief Counsel for the In-
ternal Revenue Service, and for other pur-
poses;
H.J. Res. 531. Joint resolution establish-
ing that the second regular session of the
86th Congress convene at noon on Wednes-
day, January 6, 1960; and
H. Con. Res. 439. Concurrent resolution au-
thorizing the Speaker of the House of Repre-
senatives and the President of the Senate to
sign enrolled bills.
? The message also announced that the
Senate had passed, with amendments
in which the concurrence of the House
is requested, a bill of the House of the
following title:
H.R. 4192. An act to prohibit the exami-
nation in District of Columbia courts of any
minister of religion in connection with com-
munications made by or to him in his profes-
sional capacity, without the consent of the
parties to such communications. .
The message also announced that the
Senate had passed a bill of the following
title, in which the concurrence of the
House is requested:
S. 2105. An act to amend the laws relating
to Saint Elizabeths Hospital so as to fix the
salaries of the superintendent, assistant
superintendent, and first assistant physician
of the hospital, and for other purposes.
The message also announced that the
Senate had passed a-resolution, as fol-
lows:
SENATE RESOLUTION 200
Resolved, That a committee of two Sen-
ators be appointed by the Presiding Officer
to join a similar committee of the House of
18164
TUESDAY, SEPTEMBER 15, 1959
Representatives to notify the President of
the United States that the two Houses have
completed the business of the session and
are ready t6 adjourn unless he has some
further eommu ication to make to them.
MUTUAL SECURITY APPROPRIA-
TION BILL, 1960
Mr. PASSMAN submitted the follow-
ing conference report and statement on
the bill (H.R. 8385) making appropria-
tions for mutual security and related
agencies for the fiscal year ending June
30, 1960, and for other purposes.
CONFERENCE REPORT (H. REPT. No. 1190)
The committee a conference on the dis-
agreeing votes of the two Houses on the
amendments of the Senate to the bill (HR.
8385) making appropriations for Mutual
Security and related agencies for the fiscal
year ending June 30, 1960, and for other
purposes, having met, after full and free
conference, have agreed to recommend and do
recommend to their respective Houses as
follows:
That the Senate recede-from its amend-
ments numbered 1, 3, 4, 13, 26, 27, 33, 51,
and 55.
That the House recede from its disagree-
ment to the amendments of the Senate num-
bered 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18,
20, 22, 23, 24, 28, 29, 30, 36, 38, 40,41, 42, 43, 44,
45, 47, 48, 52, 56, 60, 65, 66, 67, and 68, and
agree to the same.
Amendment numbered 2: That the House
recede from its disagreement to the amend-
ment of the Senate numbered 2, and agree
to the same with an amendment, as follows:
In lieu- of the matter stricken out and in-
serted by said amendment insert "6650,000,-
000, and in addition for Defense support for.
Spain, authorized by section 131(b), $45,-
000,000, exclusive of technical cooperation,"
and the Senate agree to the same.
Amendment numbered 19: That the House
recede from its disagreement to the amend-
ment of the Senate numbered 19, and agree
to the same with an amendment, as follows:
In lieu of the sum proposed by said amend-
ment insert "$1,820,000"; ?and the Senate
agree to the same.
Amendment numbered 21: That the House
recede from its disagreement to the amend-
ment of the Senate numbered 21, and agree
to the same with an amendment, as follows:
In lieu of the matter stricken out and in-
serted by said amendment insert:
"SEC. 103. None of the funds herein appro-
priated for Defense Support, the Develop-
ment Loan Fund, Special Assistance, or the
President's Special Authority and Contin-
gency Fund shall be used to finance the con-
struction of any new flood control, reclama-
tion, or other water or related land resource
project or program which has not met the
standards and criteria used in determining
the feasibility of flood control, reclamation
and other water and related land resource
programs and projects proposed for con-
struction within the continental limits of
the United States of America as per circular
A-47 of the Bureau of the Budget, dated
December 31, 1952."
And the Spate agree to the same.
Amendment numbered 25: That the House
recede from its disagreement to the amend-
ment of the Senate numbered 25, and agree
to the same with an amendment, as follows:
Restore the matter stricken out by said
-amendment amended to read as follows:
"SEC. 108. None a the funds herein appro-
priated shall be used to carry out the provi-
sions of Section 205(1) of the Mutual Se-
curity Act of 1959."
4
. And the Senate agree to the same.
Amendment numbered 59: That the House
recede from its disagreement to the amend-
ment of the Senate numbered 59, and agree
to the same with an amendment as follows:
In lieu of the matter proposed by said
amendment insert:
"NATIONAL LABOR RELATIONS BOARD
"Salaries And Expenses
"For and additional amount for 'Salaries
and expenses', including rental of office
space in the District of Columbia, $500,000."
And the Senate agree to the same.
Amendment numbered 63: That the House
recede from its disagreement to the amend-
ment of the Senate numbered 63, and agree
to the same with an amendment, as follows:
In lieu of the matter proposed by said
amendment insert:
"DEPARTMENT OF THE INTERIOR
"Bureau of Indian Affairs
"Distribution of Funds of the Creek Indians
"For an additional amount for necessary
expenses incident to the distribution of lunds
belonging to members of the Creek Nation of,
Indians, in accordance with the act of Au-
gust 1, 1955 (69 Stat. 431), as amended,
$100,000, to remain available until expended."
And the Senate agree to the same.
Amendment numbered 64: That the House
recede from its disagreement to the amend-
ment of the Senate numbered 64, and agree
to the same with an amendment as follows:
In lieu of the matter proposed by said
amendment insert:
"DEPARTMENT OF LABOR
"Labor-management retorting and disclosure
activities
"Salaries and Expenses
"For expenses necessary for the perform-
ance of the functions vested in the Secre-
tary by the Labor-Management Reporting
and Disclosure Act of 1959, including services
as authorized by section 15 of the act of
August 2, 1946 (5 U.S.C. 55a), and rental
of office space in the District Of Columbia,
$2,000,000."
And the Senate agree to the same.
The committee of conference report in dis-
agreement amendments numbered 31, 32, 34,
35, 37, 39, 46, 49, 50, 53, 54, 57, 58, 61, and 62.
OTTO E. PASSMAN,
, J. VAUGHN GARY,
CLARENCE CANNON,
JOHN TABER,
JOHN J. RHODES,
Managers of the Part of the House.
CARL HAYDEN,
DENNIS CHAVEZ,
ALLEN J. ELLENDER,
WARREN G. MAGNUSON,
SPESSARD L. HOLLAND,
? LYNDON JOHNSON,
STYLES BRIDGES,
LEVERETT SALTONSTALL,
KARL E. MUNDT,
Managers on the Part of the Senate.
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September 15, 1959
STATEMENT
The managers on the part of the House
at the conference on the disagreeing votes
of the two Houses on the amendments of
the Senate to the bill (H.R. 8385) making
appropriations for Mutual Security and re-
lated agencies for the fiscal year ending
June 30, 1960, and for other purposes, sub-
mit the following statement in explanation
of the effect of the action agreed upon and
recommended in the accompanying confer-
ence report as to each of such amendments,
namely:
TITLE I?MUTUAL SECURITY
Funds appropriated to the President
Military Assistance ,
Amendment No. 1: Deletes language pro-
posed by the Senate.
Defense Support
Amendment No. 2: Appropriates $650,000,-
000 as proposed by the Senate instead of
$700,000,000 as proposed by the House, and in
addition, appropriates $45,000,000 for Spain
instead of $50,000,000 as proposed by the
Senate.
Development Loan Fund
Amendment No. 3: Appropriates $550,000,-
000 as proposed by the House instead of
$590,000,000 as proposed by the Senate.
Technical Cooperation, General
Authorization
Amendment No. 4: Appropriates $150,000,-
000 as proposed by the House instead of $160,-
000,000 as proposed by the Senate.
Technical Cooperation Programs of the
Organization of American States
Amendment No. 5: Appropriates $1,200,-
000 as proposed by the Senate instead of
$1,500,000 as proposed by the House.
Special Assistance, beneral Authorization
Amendment No. 6: ApPropriates $245,000,-
000 as proposed by the Senate, instead of
$200,000,000 as proposed by the House.
Special Assistance, Special Authorization
Amendment No. 7: Provides the equivalent
of $50,000 in local currencies for the plan-
ning for construction of a hospital at the
University of Krakow in Poland as proposed
by the senate.
Intergovernmental Committee for European
Migration
Amendments Nes. 8 and 9: Appropriate
$7,371,000 as proposed by the Senate instead
of $8,000,000 as proposed by the House, and
insert language of a technical nature as pro-
posed by the Senate.
Escapee Program
Amendment No. 10: Appropriates $4,632,-
000 as proposed by the Senate instead of
$5,200,000 as proposed by the House.
Ocean Freight Charges, United States Vol-
untary Relief Agencies
, Amendment No. 11: Appropriates $1,910,-
000 as proposed by the Senate, instead of
$2,300,000 as proposed by the House.
General Administrative Expenses
Amendment No. 12: Appropriates $38,,-
000,000 as proposed by the Senate instead
of $37,000,000 as proposed- by the House.
Atoms for Peace
Amendment No. 13: Appropriates $1,500,-
000 as proposed by the House instead 'Of $2,-
500,000 as proposed by the Senate.
Amendments Nos. 14, 15, and 16: Insert
language of a technical nature as proposed
by the Senate.
Department of State
Administrative and Other Expenses
Amendments N. 17 and 18: Insert lan-
guage in appropriation title as. proposed by
the Senate; and appropriate $8,100;000 as
proposed by the Senate instead of $7,900,000
as proposed by the House.
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ONGRESSIONAL RECORD ? HOUSE 18165
The conferees are agreed that no funds
are to be used for the International Devel-
opment Advisory Board.
Corporation
Limitation on Administrative Expenses, De-
velopment Loan Fund
Amendment No. 19: Authorizes not to ex-
ceed $1,820,000 instead of $1,750,000 as pro-
posed by the House and $1,890,000 as pro-
posed by the Senate.
General Provisions
Section 102 -
Amendment No. 20: Inserts language of a
technical nature as proposed by the Senate.
Section 103
Amendment No. 21: Prohibits the use of
funds herein appropriated to finance the
construction of any new flood control, rec-
lamation, or other water or related land
resource project or program which has not
met the standards and criteria used in de-
termining the feasibility of flood control,
reclamation, and other water and related
- land resource programs and projects pro-
posed for construction within the conti-
nental limits of the United States of Amer-
ica as per Circular A 47 of the Bureau of the
Budget, dated December 31, 1952.
Section 105
Amendment No/22: Inserts language of a
technical nature as proposed by the Senate.
? Section 107
- Amendments Nos. 23 and 24: Insert lan-
guage of a technical nature as proposed by
the Senate.
Section 108
Amendment No. 25: Restores House lan-
guage and corrects citation.
Section 109
Amendment No. 26: Restores House lan-
guage.
Section 110
Amendment No. 27: Restores House lan-
guage.
Amendment No. 28: Deletes House lan-
guage concerning chapter VI of the Mutual
Security Act of 1959.
Amendment No. 29: Deletes House lan-
guage placing restrictions on the employ-
ment by private organizations of employees
of International Cooperation Administration.
Amendment No. 30: Deletes House lan-
guage relating to the furnishing of informa-
tion to Congress.
Section 111
Amendment No. 31: Reported in disagree-
ment.
Section 112 -
Amendment No. 32: Reported in disagree-
ment.
Amendment No. 33: Deletes language pro-
posed by the Senate. The conferees gave this
matter careful consideration and decided
that the proposal is impractical.
Section 113
Amendment No. 34: Reported in disagree-
ment.
TITLE II?DEPARTMENT OF THE ARMY?CIVIL
? FUNCTIONS
Ryukyu Islands, Army
Consrtuction of power systems, Ryukyu
Islands
Amendment No. 35: Reported in disagree-
TITLE IV?ADDITIONAL SUPPLEMENTAL
APPROPRIATIONS
Amendment No: 36:, Inserts title number
and heading as proposed by the Senate.
Executive Office of the President
Office of Civil and Defense Mobilization,
Salaries and Expenses
Amendment No. 37: Reported in disagree-
ment.
Department of Commerce
Amendment No. 38: Inserts heading as
proposed by the Senate.
General Administration, Participation in
Century 21 Exposition
Amendment No. 39: Reported in disagree-
ment.
Amendment No. 40: Inserts heading as
proposed by the Senate.
Federal-Aid Highways (Trust Fund)
Amendment No. 41: Appropriates $188,-
000,000 as proposed by the Senate.
Highway Trust Fund
Amendment No. 42: Appropriates $359,-
000,000 as proposed by the Senate. Since the
President has recommended that the repay-
menthe made by June 30, 1960, the conferees
have accepted the amendment with the ex-
pectation that this will be done withoht de-
fault of existing obligations with the States.
District of Columbia (District of Columbia
funds)
Operating Expenses, Metropolitan Police
Amendment No. 43: Appropriates $406,000
as proposed by the Senate.
Department of Health, Education, and
Welfare;
Amendment No. 44: Inserts heading as pro-
posed by the Senate.
Public Health Service
Amendment No. 45: Inserts heading as
proposed by the Senate.
Grants for Waste Treatment Works
Construction
Amendment No. 46: Reported in disagree-
ment.
Construction of Indian Health Facilities
Amendment No. 47: Appropriates $200,000
as proposed by the Senate.
Independent offices
Amendment No. 48: Inserts heading as pro-
posed by the Senate.
Advisory Commission on Intergovernmental
Relations
Amendment No. 49: Reported in disagree-
ment.
Commission on Civil Rights-
Salaries and Expenses
Amendment No. 50: Reported in disagree-
ment.
Commission on International Rules of Judi-
cial Procedure
Salaries and Expenses
Amendment No, 51: Strikes out proposal of
the Senate.
Federal Aviation Agency
Amendment No. 52: Inserts heading as
proposed by the Senate.
Expenses
Amendment No. 53: Reported in disagree-
ment.
Establishment of Air Navigation Facilities
Amendment No, 54: Reported in disagree-
ment.
Construction and Development, Additional
Washington Airport
Amendment No. 55: Strikes out the pro-
posal of the Senate. The conferees feel that
this question of sewage treatment for Dulles
International Airport should be restudied in
the next session of the Congress.
Historical and Memorial Commissions
Amendment No. 56: Inserts heading.
Franklin Delano Roosevelt Memorial
Commission
Amendment No. 57: Reported in disagree-
ment.
Hudson-Champlain Celebration Commission
Amendment No. 58: Reported in disagree-
ment.
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18166 " CONGRESSIONAL RECORD -- HOUSE
National Labor Relations Board
Amendment No. 59: Appropriates $500,000
for salaries and expenses as proposed by the
Senate.
Housing and Home Finance Agency
Amendment No. 60: Inserts heading.
Amendment No. 61: Reported in disagree-
ment.
Urban Planning Grants
Amendment No. 62: Reported in disagree-
ment.
Department of the Interior
Amendment No. 63: Appropriates $100,000
for the Creek Indians as proposed by the
Senate.
Department of Labor
Amendment No. 64: Appropriates $2,000,-
000, for salaries and expenses, as proposed
by the Senate.
Treasury Department
Amendment No. 65: Inserts heading.
Amendment No. 66: Appropriates $300,000
for the Bureau of the Mint, as proposed by
the Senate.
Amendment No. 67: Appropriates $800,000
for the U.S. Coast Guard as proposed by the
Senate.
TITLE V?CLAIMS FOR DAMAGES AND JUDGMENTS
Amendment No. 68: appropriates $708,137
for claims for damages and judgments, as
proposed by the Senate.
OTTO E. PASSMAN,
J. VAUGHN GARY,
CLARENCE CANNON,
JOHN TABOR,
JOHN J. 11,Horms,
Managers on the Part of the House.
Mr. PASSMAN. Mr. Speaker, I call up
the conference report on the bill (H.R.
8385) making appropriations for mutual
security and related agencies for the fis-
cal year ending June 30, 1960, and for
other purposes, and ask unanimous con-
sent that the statement of the managers
on the part of the House be read in lieu
of the report.
The Cie& read the title of the bill.
The SPEAKER. Is there objection to
the request of the gentleman from Lou-
isiana?
There was no objection.?
The Clerk read the statement.
Mr. GROSS. Mr. Speaker, considera-
tion of this bill (HR. 8385) under the
circumstances that exist is a sad and
sorry commentary on the orderly proc-
esses of enacting legislation.
This is ?supposed to be a foreign aid
bill, but it has become an omnibus ap-
propriation bill and a deficiency appro-
priation bill. It is a bill containing
nearly a score of provisions wholly un-
related to the foreign handout program.
It is, in fact, a package wrapped in the
gold foil of $31/2 billion to $4 billion,'and
dealing with just about everything from
the welfare of the Creek Indians to the
natives of Timbuktu.
Nor have the bureaucrats in Wash-
ington and elsewhere over the world been
overlooked. There is money for the new
commissions, and some of the old ones
will get a blood transfusion out of the
treasury.
How many Members of the House re-
member that the foreign handout bill
passed the House and was sent to the
other body on July 29? In what incu-
bator was it left to hatch for a month
and a half, and for what reason?
Now it comes back to the House,
loaded with amendments, many of them
completely ungermane to foreign aid,
and the House, afflicted with adjourn-
ment fever, is asked to virtually apply
a rubberstamp of approval.
This is the height Of irresponsibility,
for all of these spending provisions, un-
related to foreign aid, ought to have
come before the House in a separate bill
or bills so that the Members could work
their will upon them.
No Member of the House should cheer
upon the ending of this session. Rather
should there be sober reflection and de-
termination in the dark hours of this
night that never again will the House of
Representatives permit such stultifica-
tion of its deliberative processes.
Mr. Speaker, I will vote against this
bill because of the outrageous and un-
justified burden it places upon the
American people and because of the cir-
cumstances in which this multibillion-
dollar measure now comes before the
House.
-
Mr. PASSMAN. Mr. Speaker, I move
the previous question on the adoption of
the conference report.
The previous question was ordered.
The SPEAKER. The question is on
agreeing to the conference re'port.
Mr. GROSS. Mr. Speaker, on that I
ask for the yeas and nays.
The yeas and nays were ordered.
The question was taken; and there
were?yeas 194, nays 109, not voting 132,
as follows:
[Roll No. 1751
YEAS-194
Albert , Flynn Levering
Arends Fogarty Libonati
Ashley Foley Lindsay
Aspinall Forand Lipscomb
Avery Ford McDowell
Ayres Frelinghuysen McFall
Baldwin Friedel McIntire
Barry Fulton Machrowicz
Bates Gallagher Mack, Ill.
Becker Gary , Madden
Beckworth George Magnuson
Boggs Giaimo Mahon
Boland Goodell May
Bolling Granahan Merrow
Bolton - Green, Oreg. Meyer .
Bow Griffin Miller, Clem
Boyle Griffiths Miller,
Brademas Hagen George P.
Breeding Halleck Miller, NY.
Brewster Halpern Milliken
Brooks, Tex. Hechler Mills
Burke, Ky. ? - Hoeven Moeller
Burke, Mass. Holland Monagan
Bush Holt Montoya
Byrne, Pa. Holtzman Moorhead
Byrnes, Wis. Ikard Morgan
Cahill Inouye Morris, N. Mex.
Cannon Irwin . Multer '
Carnahan Jackson Murphy -
Cederberg Jarman Hatcher
Celler Johnson, Calif. Nelsen
Chamberlain Johnson, Colo. Nix
Chelf Johnson, Md.- Norblad
Chenoweth - Johnson, Wis. O'Brien, Ill.
Clark - Judd O'Hara, Ill.
Coffin Karsten O'Hara, Mich.
Conte , Earth O'Neill
Cook Kasem Oliver
Cooley Kastenmeier Osmers
Corbett Kearns Ostertag
Curtin_ Kee
Curtis, Mass. Keith '
Daddario Kelly
Dague Kilday
Daniels- King, Calif.
Dawson King, Utah
Denton Kirwan
Diggs Kiuczynski
Dingell Kowalski
Donohue _Laf ore
Doyle Laird
Dulski Lane
Dwyer Langen
Fascell Lankford
Fenton Lesinski
Passman.
Philbin.
Pirnie
Price '
Prokop
Pucinski
Quigley
Rabaut
Randall
Ray
Reuss
Rhodes, Ariz.
Rhodes, Pa.
Robison
Rodino
Rogers, Colo.
Rogers, Mass.
Rooney
Saund
Schenck
Schwengel
Sheppard
Slack
Smith, Iowa
Springer
Abbitt
Abernethy
Alexander
Alford .
Alger
Allen
Andersen,
Minn.
Andrews
Ashmore
BaileY
Baring
Bass, Tenn;
Belcher
Bennett, Fla. Hoffman, Ill.
Bennett, Mich. Hogan
l3onner Huddleston
Boykin Hull
Brock Jennings
Brawn, Ga. Jensen
Budge Johansen
Burleson Jonas
Casey Jones, Ala,
Church Kilgore
Colmer Kitchin
Cramer Knox -
Cunningham Landrum
Davis, Ga. Latta -
Derwinski Lennon
Dorn, S.C. McCulloch
Dowdy McGinley
Downing McMillan.
Elliott McSween
Everett Mack, Wash.
Fisher , Mason
Flynt Matthews
Forrester Meader
September 15
Staggers Vanik
Stratton Van Zandt
Sullivan Wainwright
Taber Walter
Thompson, N.J. Widnall
Thompson, Tex. Wilson
Thornberry Wolf
Toll Wright
Trimble Yates
Udall Zablocki
NAYS-109
Fountain
Frazier
Gathings
Grant
Gray
Gross
Haley
Hardy
Hargis
Harmon ?
Harris
Harrison -
Hemphill
Henderson
Adair
Addonizio
Anderson,
Mont.
Anfuso
Auchincloss
Baker
Barden
BRIT"
Barrett
Bass, N.H.
Baumhart
Bentley
Berry
Betts
Blatnik
Mitch
Bosch
Bowles
Bray
Brooks, La.
Broomfield
Brown, Mo.
Brown, Ohio
Broyhill
Buckley
Burdick
Canfield
Carter
Chiperfield
Coad
Cohelan
Collier
Curtis, Mo.
Davis, Tenn.
Delaney
Dent
Derounian
Devine
Dixon
Dollinger
Dooley
Dorn, N.Y.
Durham
Edmondson
Mitchell
Moore
Morris, Okla.
Moulder
Norrell
O'Konski
Patman
Pfost
Poff
Preston.
Rains
Rees, Kans.
Rivers, S.C.
Roberts
Rogers, Fla.
Rogers, Tex.
Roush
Rutherford
Scherer
Scott
Selden
Sikes
Smith, Miss.
Smith, Va.
Steed
Teague, Tex.
Thomas
Thompson,
Wyo.
Tuck
Wampler
Whitener
Whitten
Williams
Willis
Winstead
Young
NOT VOTING-132
Evins Poage
Fallon Porter
Farbstein . Powell
Quie
Reece, Tenn.
Riehlman
Riley
Rivers, Alaska
Roosevelt
Rostenkowski
St. George
Santangelo
Saylor
Shelley
Shipley
Short '
Siler
Feighan
Fino
Flood
Garmatz
Gavin
Glenn
Green, Pa.
Gubser
Hall
Hays
Healey
H3bert
Herlong
Hess
Hiestand Simpson, Ill.
Hoffman, Mich. Simpson, Pa.
Bonfield Sisk
Horan Smith, Calif..'
Hosmer Smith, Kans.
Jones, Mo. Spence
Keogh Stubblefield
Kilburn Taylor
Loser Teague, Calif.
McCormack Teller
McDonough Thompson, La.
McGovern Tollefson
Macdonald Ullman
Mailliard Utt
Marshall Van Pelt
Martin . Vinson
Metcalf Wallhauser
Michel Watts
Minshall Weaver
Morrison Weis
Moss Westland
Mumma ? Wharton
Murray Wier
O'Brien, N.Y. Withrow
Pelly Younger
Perkins Zelenko
Pilcher
Pillion
So the conference report was agreed to.
The Clerk announced the following
pairs:
On this vote: ..
Mr. Keogh for, with Mr. Brooks of Louisi-
ana against.
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CONGRESSIONAL RECORD HOUSE
Mr. Hebert for, with Mr. Dent against.
IVIr. Vinson for, with Mr. Pilcher against.
Mr. Buckley for, ,with Mr. Hall against. .
Mr. Baumhart for, with Mrs. Blitch against.
Mr. Addonizio for, with Mr. Herlong
against.
Mr. Morrison for, with Mr. Barden against.
Mr. Anfalso for, with Mr. Loser against.
Mr. Delaney for, with Mr. Murray against.
Mr. Martin for, with Mr. Simpson of Illi-
nois against.
Mr. Taylor for, with Mr. Michel against.
Mr. Auchincloss for, with Mr. Collier
.against.
Mr. Simpson of Pennsylvania for, with Mr.
Bentley against.
Mr. Younger for, with Mr. Hoffman of
Michigan against.
Mr. Dollinger for, with Mr. Durham
against. ?
Mr. Santangelo for, with Mr. Thompson of )
Louisiana against.
Mr. Green of Pennsylvania for, with Mr.
Riley against.
Mr. Wallhauser for; with Mr. Reece of Ten-
nessee against.
Mr. Hays for, with Mr. Slier against.
Mr. Garmatz for, with Mr. Devine against.
Mr. Teague of California for, with Mr.
Adair against.
Mr. Westland for, with Mr. Utt against.
Mr. Farbstein for, with Mr. Hiestand
against.
Mr. Healey for, with Mr. Bray against.
Mr. Zeleiako for, with Mr. Smith of Cali-
fornia against.
Mr. Teller for, with Mr. Wharton against.
? Mr. McCormack for, with Mr. Smith of
Kansas against.
Mr. Fallon for, with Mr. McDonough
against.
Mr. Roosevelt for, with Mr. Weaver
against.
?
Until further notice:
Mr. Holifield with Mr.. Brown of Ohio.
Mr. Anderson of Montana with Mr. With-
TOW.
Mr. Rivers ? of Alaska with Mr. Bass of
New Hampshire.
Mr. McGovern with Mr. Canfield.
Mr. Cohelan with Mr. Tollefson.
Mr. Edmondson with Mrs. St. George.
Mr. Feighan with Mr. Saylor.
Mr. O'Brien of New York with Mr. Betts.
Mr. Metcalf with Mr. Broomfield.
"Mr. Watts with Mr. Chiperfield.
Mr. Ullman with Mr. Baker.
Mr. Stubblefield with Mr. Curtis of Mis-
souri.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Sisk with Mr. Derounian.
Shelly with Mr. Fino.
Barrett with Mr. Hess.
Blatnik with Mr. Gubser.
Coad with Mr. Minshall.
Flood with Mr. Pelly.
Powell with Mr. Broyhill.
Rostenkowski withMr. Berry. ,
Macdonald with Mr. Riehlman. ?
Evins with Mr. Van Pelt.
Moss with Mr. Quie.
Carter with Mr. Pillion.
Burdick with Mr. Mailliard.
Bowles with Mr. Kilburn.
Marshall with Mr. Horan.
Porter with Mr. Hosmer.
Davis of Tennessee with Mr. Glenn.
Brown of Missouri with Mr. Gavin.
Barr with Mr. Dooley.
Shipley with Mr. Bosch.
Spence with Mr. Dorn of New York.
Wier with Mr. Dixon.
Perkins with Mr. Mumma.
Mr. BECKWORTH and Mr. BOGCrS
changed their vote from "nay" to "yea."
Mr. BARING and Mr. MEADER
changed their vote from "yea" to "nay."
The result of the vote was announced
as above recorded. ?
No. 164-13
The SPEAKER. The Clerk will 're-.
port the first amendment in disagree-
ment.
The Clerk read as follows:
Senate amendment No. 31: Page 8, after
line 13, insert:
"SEc. me. (a) Within sixty days follow-
ing the date of enactment of this Act, the
President shall transmit to the Committee on
Appropriations of the Senate and the Com-
mittee on Appropriations of the House
of Representatives a report containing a
full and complete revision of the data pre-
sented to such committees in justification of
appropriations requested for the Mutual
Security program for the fiscal year 1960,
showing any changes in such program ap-
proved subsequent to such presentation, in-
cluding changes necessary to reflect actual
appropriations for the program.
"(b) Within thirty days following the ap-
proval of any change in the Mutual Security
program for the fiscal year 1960, which will
result in furnishing assistance of a kind, for
a purpose, in an area, or in an amount,' dif-
ferent from that described in the report
transmitted under subsection (a) , and which
involves $1,000,000 or more or 5 per centum
of the amount appropriated under any para-
graph of this title, whichever is the lesser, the
President shall transmit to the Committee on
Appropriations of the Senate and the Com-
mittee on Appropriations of the House of
Representatives a full and complete report
of such change and the reasons therefor.
"(c) This section shall not apply to pro-
grams authorized by section 451 of the
Mutual Security Act of 1954, as amended.
"(d) None of the funds herein ap ro
priated ?shall be used to carry out any pro-
vision of chapter II, III, or IV of the Mutua
Security Act of 1954, as amended, in an
country, or with respect to any project or
activity, after the expiration of the thirty-
five-day period which begins on the date the
General Accounting Office or any committee
of the Congress, or any duly authorized sub-
committee thereof, charged with consider-
ing legislation or appropriations for, or ex-
penditures of, the International Cooperation
Administration, has delivered to the office
of the Director of the International Coopera-
tion Administration a written request that it
be furnished any document, paper, communi-
cation, audit, review, finding, recommenda-
tion, report, or other material relating to the
administration of such provision by the In-
ternational Cooperation Administration in
such country or with respect to such
such project or activity, unless "and until
there has been furnished to the General
Accounting Office, or to such committee or
subcommittee, as the case may be, (1) the
document, paper, communication, audit, re-
view, finding, recommendation, report, or
other material so requested, or (2) a certifi-
cation by the President that he considers the
disclosure of such document, paper, com-
munication, audit, review, finding, recom-
mendation, report, or other material to be
contrary to the public interest and has for-
bidden its being furnished pursuant to such
request."
Mr. PASSMAN. Mr. Speaker, I move
that the House recede and concur in the
Senate amendment with an amendment.
The Clerk read as follows:
Mr. PASSMAN moves that the House recede
from its disagreement to the amendment of
the Senate numbered 31, and concur therein
with an amendment, as follows: In lieu of
the matter proposed by said amendment
insert:
"SEc. 111. (a) Within sixty days following
the date of enactment of this Act, the Pres-
ident shall transmit to the Committee on
Appropriations of the Senate and the Com=
mittee on Appropriations of -the House of.
Representatives a report containing a full
18167
and complete revision, of the data presented
to such committees in justification of ap-
propriations requested for the Mutual Secu-
rity program for the fiscal year 1960, showing
any changes in such program approved sub-
sequent to such presentation, including
changes necessary to reflect actual appropri-
ations for the program.
lb) Within thirty days following the ap-
proval of any change in the Mutual Security
program for the fiscal year 1960, which will
. result in furnishing assistance of a kind, for
a purpose, in an area, or in an amount,
different from that described in the report
transmitted under subsection (a), and which
involves $1,000,000 or more or 5 per centum
of the amount appropriated under any para-
graph of this title, whichever is the lesser,
the President shall transmit to the Com-
mittee on -Appropriations of the Senate and
the Committee on Appropriations of the
House of Representatives a full and complete
report of such change and the reasons there-
for.
"(c) This section shall not apply to pro-
grams authorized by section 451 of the Mu-
tual Security Act of 1954, as amended.
"(d) None of the funds herein appropri-
ated shall be used to carry out any provision
of chapter II, III, or IV of the Mutual Se-
curity Act of 1954, as amended, in any coun-
try, or with respect to any project or activity,
after the expiration of the thirty-five day
period which begins on the date the General
Accounting Office or any committee of the
Congress, or any duly authorized subcom-
mittee thereof, charged with considering
legislation or appropriations for, or expend-
itures of, the International Cooperation
Administration, has delivered to the office
of the Director of the International Coopera-
tion Administration a written request that
It be furnished any document, paper, com-
munication, audit, review, finding, recom-
mendation, report, or other material relating
to the administration of such provision by
the International Cooperation Administra-
tion in such country or with respect to such
project or activity, unless and until there
has been, furnished to the General Account-
ing Office, or to such committee or subcom-
mittee, as the case may be, (1) the docu-
ment, paper, communication, audit, review,
finding, recommendation, report, or other
material so requested, or (2) a certification
by the President that he has forbidden its
being furnished pursuant to such request,
and his reason for so doing."
Mr. PASSMAN. Mr. Speaker, we will
now use some of the time we saved
earlier. I thought every Member under-
stood what is in this bill, but in all prob-
ability it would be better to discuss some
of the figures. I shall be just as brief
as possible.
The total budget request for the mu-
tual security program alone was $4,436,-
277,000. The conference report provides
$3,225,813,000 which is a reduction of
$1,204,182,000 below the budget request.
The reduction in the mutual security
program is in three parts?one part
achieved by the Committee on Foreign
Affairs. The second part is $500 million,
which is the supplemental request for
the Development Loan Fund, which was
to finance the Fund's operation in the
fiscal year 1961 and which the com-
mittee denied. The third part is the
budget request for fiscal year 1960 funds
for the program. The membership will
recall that the House appropriated $3,-
186,500,000. When ,the bill went to the
other body, they increased it by over
$95 million. In conference this evening,
the other .body receded on $56 million,
and the House receded on $39,313,000.
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18168
CONGRESSIONAL RECORD ? HOUSE
So the bill before you, as it applies to
the mutual security program, calls for,
$3,225,813,000. The bill also contains
$23,282,000 for the Ryukyu Islands.
The bill also contains supplemental ap-
propriations for various Federal agen-
cies in the amount of $377,123,137.
Therefore; the bill before you provides
a grand total of $3,626,218,137. But, I
repeat, only $3,225,813,000 is for the mu-
tual security program.
This has been the largest reduction
made in the mutual security program
during the 7 years it has been my privi-
lege to serve on the committee and in
the 5 years it has been my high honor
to act as chairman of this subcommit-
tee. We have had a successful confer-
ence and almost succeeded in bringing
this bill back to the original House fig-
ure. We brought the bill back only
$39,313,000 above the original House bill.
We should explain what the sum of
$377,123,137 in supplemental items rep-
resents. Two of the items relate to the
highway construction program. The
item appropriates $188 million out of
the highway trust fund and the second
item provides $359 million as an ad:-
vance to the highway trust fund. You
will recall that these two items were put
in by the other body, and it was our
understanding, and the Senate commit-
tee bill provided, that the highway fund
would repay the Treasury the $359 mil-
lion. The President's- message to the
Congress also indicated, or I should say
stated specifically, -that the money would
be paid back by June 30, 1960. We had
some difficulty in reaching agreement in
conference as to whether the money
would be paid back. We had to modify
our mangers' statement in order to
reach agreement, and we will insert in
the RECORD at this point the President's
budget request, because, if we do not do
so, I am afraid we will be charged with
spending in excess of the President's
budget:
THE WHITE HOUSE,
Washington, September 9, 1959.
The PRESIDENT OF THE SENATE.
SIR: I have the honor tb transmit herewith
for the consideration of the Congress pro-
posed provisions pertaining to the fiscal
year 1960 for the Department of Commerce.
The details of these proposed provisions,
the necessity therefor, and the reasons for
their submission at this time are set 'forth in
the attached letter from the Director of the
Bureau of the Budget, with whose comments
and observations thereon / concur.
Respectfully yours,
DWIGHT D. EISENHOWER.
EXECUTIVE OFFICE,
OF THE PRESIDENT,
BUREAU OF THE BUDGET,
Washington, D.C., September 8, 1959.
THE PRESIDENT,
The White House,
SIR: I have the honor to submit herewith
for your consideration proposed provisions
pertaining to the fiscal year 1960 for the De-
partment of Commerce, as follows:
"DEPARTMENT OF COMMERCE
"Bureau of Public Roads
? ?
"Highway Trust Fund
"For repayable advances to the 'Highway.
trust fund' during the current fiscal year, as
authorized by section 209(d) of the Highway
Revenue Act of 1956 (70 Stat. 399), $359,-
000,000: Provided, That all such advances
shall be repaid to this appropriation-on or
before June 30, 1960; and upon such repay-
ment- this amount shall be withdrawn."
This proposed provision is to allow a tem-
porary advance to the highway trust fund, to
be repaid before the end of the fiscal year
1960. The rate of expenditures in the first
half of this fiscal year will exceed revenues
available in the highway trust fund. Be-
ginning in October 1959, amounts in the
fund will be insufficient to permit the timely
reimbursement to the States for expenses in-
curred under the Federal-aid highway pro-
gram. The deficiency is estimated to reach a
maximum of $359 Million by January 31,
1960. Receipts will then begin to exceed ex-
penditures and, with the enactment of the
Highway Act of 1959, are estimated to be ade-
quate to repay this proposed advance with
interest on or before June 30, 1960. Since
this transaction will be completed within the
fiscal year, it will have no effect upon 1960
expenditures or obligations' authority. .
I recommend that the foregoing proposed
provisions be transmitted to the Congress.
Respectfully yours,
MAURICE H. STANS,
Director of the Bureau of the Budget.
I did not intend to take any time at
all on this bill, but inasmuch as there
-seems to be some misunderstanding, I
thought it would be good to explain some
of the dollar amounts inVolved in the
bill.
There are some 15 amendments in
disagreement, one of which involves the
Civil Rights Commission and we shall
handle those separately, as the morning
grows older or younger-take it any way
you want it..
Mr. GROSS. Mr. Speaker, will the
gentleman yield? ?
Mr. PASSMAN. I am happy to yield.
Mr. GROSS. Can the gentleman tell
the House when this bill passed the
House?
Mr. PASSMAN. It passed July 29.
Mr. GROSS. About a month and a
half ago?
Mr. PASSMAN. Yes, sir.
Mr. GROSS. Can the gentleman tell
us where this bill has been during all
that time?
Mr. PASSMAN. It has been on
Capitol' Hill.
Mr. GROSS. Can the gentleman give
us any assurance that the bill next year
can be looked at in the light of day?
Mr: PASSMAN. The gentleman can
give no such assurance.
? Mr. Speaker, I now yield 'to the dis-
tinguished chairman of the Committee
on Appropriations, the gentleman from
Missouri [Mr. CANNON].
Mr. CANNON. Mr. Speaker, this is
the last of the appropriation bills; and
is the end of the appropriation program
for this session of the Congress.
It is long after midnight, and I shall
take only a minute to summarize the
estimates and appropriations for the ses-
sion which ends in the next few minutes.
Details will be given in the usual an-
nual r?m?o be included in the Ali-
pendix of tomorrow's RECORD.
We have received from the President
during the session estimates of appro-
priations aggregating $74,859,008,445.
We have appropriated in the appro-
priation bills during this session a total
of $72,977,598,352.
?
Septemb0 15
So, the total amount thus appropri-
ated by the Congress is $1,881,410,093
less than requested by the President.
However, the Congress provided, on a
comparable basis, at least $231 million
above the estimates in backdoor bills
which must be subtracted from the re-
duction in the appropriation bills, but
even including the appropriations
through the backdoor bills, it still leaves
us appropriating less money than was
requested by the President.
Mr. PASSMAN. Mr. Speaker, I shall
not consume any more time than to
make this one statement: It certainly is
not the fault of the gentleman from
Louisiana that the bill is back here in
the House at 4 o'clock in the niorning.
We have come from a long and hard
conference. If there is any Member who
wants to ask some questions about this
bill, -I shall be happy to answer the
questions.
I now yield to the gentleman from
New York [Mr. TABER].
Mr. TABER. Mr. Speaker, one thing
I think the Congress ought to know, that
has not been developed so far, is that
-there was a little under $6 billion of
backdoor appropriations that were put
in one place or another and that total
makes over $80 billion of availability that
the Congress has provided.
This back-door business is getting to
be a tremendous figure. It is something
that will wreck the country if we do not
stop it.
(Mr. TABER asked and was given
permission to revise and extend his re-
marks.)
Mr. FULTON. Mr. Speaker, will tht
gentleman yield? ?
Mr. PASSMAN. I yield for a question.
Mr. FuLTON. Will the gentleman
? tell us whether the civil rights amend-
ment is in disagreement?
Mr. PASSMAN. The civil rights
amendment is in disagreement. Th.
Members will be able to vote on that
this morning.
. Mr. Speaker, I move the previous ques-
tion.
The previous question was ordered.
The motion was agreed to.
The SPEAKER. The Clerk will re-
port the next amendment in disagr
ment. .
The Clerk read as follows:
Senate amendment No, 32: Page 11, L
sect:
"SEC. 109. The Congress hereby reiterate,
its opposition under present conditions to
the seating in the United Nations of the
Communist China regime as the representa-
tive of China, and it is hereby declared to
be the continuing sense of the Congress
that the Communist regime in China has
not demonstrated its willingness to fulfill
the obligations contained in the Charter of
the United Nations and should not be recog-
nized, to represent China in the United Na-
tions.' In the event of the seating of rep-
resentatives of the Chinese Communist
regime in the Security Council or General
Assembly of the United Nations, the Presi-
dent is requested to inform the Congress
insofar as is compatible with the require-
ments of national security, of the implica-
tions of this action upon the foreign policy
of the United States and our foreign rela-
tionships, including that created by mem-
bership in the United Nations, together with
any recommendations which he may have
With respect to the Matter."
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1959 CONGRESSIONAL RECORD ---- HOUSE
, Mr. PASSMAN. Mr. Speaker, I move
that the House recede and concur in the
Senate amendment with an amend-
ment.
The Clerk read as follows:
Mr. PASSMAN moves that the House recede
from its disagreement to the amendment of
the Senate numbered 32, and concur therein
with an amendment, as follows: Change the
section number to "112" and in line 2 of
said amendment, strike the words "under
present conditions".
The motion was agreed to.
The SPEAKER. The Clerk will re-
port the next amendment in -disagree-
ment.
The Clerk read as follows: . .
Senate amendment No. 34: Page 12, insert
section 1111
"SEc. 111. It is the sense of Congress that
any aftempt by foreign nations to create
distinctions because of their race or religion
among American citizens in the granting of
personal or commercial access or any other
rights otherwise available to United States
citizens generally is repugnant to our prin-
ciples; and in all negotiations between the
United States and any foreign state arising
as a result of funds appropriated under this
Act, these principles shall be applied as the
President may determine."
Mr. PASSMAN. Mr. Speaker, I move
that the House recede and concur in the
Senate amendment with an amendment.
The Clerk read as follows:
Mr. PASSMAN moves that the House recede,
from its disagreement to the amendment of
the Senate numbered 34, and concur therein
with an amendment, as follows: Change the
section number to "113".
?
The motion was agreed to.
The SPEAKER,. The Clerk will report
the next amendment in disagreement.
The Clerk read as follows:
^Senate amendment No. 35: Page 16,
insert:
"CoNsraupTioN OF POWER SYSTEMS, RYUKYU
ISLANDS
"For loans by the Secretary of the Army
to the Ryukyu Electric Power Corporation,
an instrumentality of the United States Civil
Administration of the Ryukyu Islands, for
construction, installation, and equipment of
electric power systems in the Ryukyu Islands,
$18,600,000, to remain available until ex-
pended: Provided, That repayment of such
loans shall be made to miscellaneous receipts
of the Treasury over a period of twenty-five
years to commence five years after the date
any such loan is made, with interest at such
rate as may be fixed by the Secretary of the
Treasury, taking into consideration the cur-
rent average market yields of outstanding
marketable obligations of the United States
having a comparable maturity."
Mr. PASSMAN. Mr, Speaker, I move
that the House recede and concur in the
Senate amendment with an amendment.
The Clerk read as follows:
Mr. PASSMAN moves that the House recede
from its disagreement to the amendment of
the Senate numbered 35, and concur therein
with an amendment, as follows: In line 4
?:of the text of the amendment, after the
LE word "for", insert the words "completion
_.of".
Mr. FULTON. Mr. Speaker, will .the
gentleman yield? -
Mr. PASSMAN. I yield.
Mr. FULTON. Do I understand that-
the civil rights amendment is No. 50 on
this list?
Mr. PASSMAN. That is correct.
The SPEAKER. The question is on
the motion of the gentleman from
Louisiana.
The motion was agreed to.
- The SPEAKER. The Clerk will report
the next amendment in disagreement.
The Clerk read as follows:
Senate amendment No. 37: Page 18, insert:
"EXECUTIVE OFFICE OF THE PRESIDENT
"Office of Civil and Defense Mobilization
"Salaries and Expenses -
"For an additional amount for 'Salaries
and expenses', to be allocated for expenses
necessary to discharge such civil defense and
defense mobilization functions performed by
other Federal agencies, as may be designated
by the Office of Civil and Defense Mobiliza-
tion, including payments by, Department of
Labor to State employment security agencies
for the full cost of administration of defense
manpower mobilization activities, $6,500,000."
Mr. PASSMAN. ' Mr. Speaker, I move
that the House recede and concur in
the Senate amendment with an amend-
ment.
The Clerk read as cfollows: -
Mr. PASSMAN moves that the House recede
from its disagreement to the amendment of
the Senate numbered 37, and concur, therein
with an amendment, as follows: hi lieu of
the sum of $6,500,000 named in said amend-
ment, insert "$3,250,000".
The motion was agreed to.
The SPEAKER. The Clerk will report
the next amendment in disagreement.
The Clerk read as follows:
Senate amendment No. 39: Page 19,
insert:
GENERAL ADMINISTRATION
"Participation in century 21 exposition
"For expenses necessary to carry out the
provisions of the Act of September 2,-1958
('72 Stat. 1703), as amended, including not
to exceed $5,000 for official entertainment
expenses, $12,500,000, to remain available
until expended: Provided, That this amount
shall be availaple only upon enactment of
S.' 2065 or H.R. 8374, Eighty-sixth Congress,
or similar legislation."
Mr. PASSMAN. Mr. Speaker, I move
that the House recede and concur in
the Senate amendment with an amend-
ment.
The Clerk read as follows:
Mr. PASSMAN moves that the House recede
from its disagreement to the amendment
of the Senate numbered 39, and concur
therein with an amendment, as follows:
In lieu of the sum of $12,500,000 named in
said amendment, insert "$9,000,000" and de-
lete the proviso carried in the last three
lines of the amendment.
The motion was agreed to.
The SPEAKER. The Clerk will re-
port the next amendment in disagree-
ment.
The Clerk read as follows'?
Senate amendment No. 46:
Page 12, after line 19, insert:
"GRANTS FOR WASTE TREATMENT WORKS
CONSTRUCTION
"The amount appropriated under this
head in the 'Supplemental Appropriation
Act, 1960' shall remain available until five
days after the approval of this Act."
Mr. PASSMAN. Mr. Speaker, I move
that the House recede and concur in the
Senate amendment.
" The motion was agreed to.
18169
The SPEAKER. The Clerk will re-
port the next amendment in disagree-
ment.
The Clerk reaa as follows:
Senate amendment No. 49: Page 20, insert:
"Advisory Commission on Intergovern-
mental Relations, $100,000."
Mr. PASSMAN. Mr. Speaker, I move
that the House recede and concur in the
Senate amendment with an amendment.
The Clerk read as follows:
Mr. PASSMAN moves that the House recede
from its disagreement to the amendment of
the Senate numbered 49, and concur therein
with an amendment, as follows: In lieu of
the sum named in said amendment, 'insert
"$50,000".
The motion was agreed to. ?
The SPEAKER. The Clerk Will report
the next amendment in disagreement.
The Clerk read as follows: .
Senate amendment No. 50: On page 20,
insert:
"COMMISSION ON CIVIL RIGHTS
"Salaries and expenses
'For an additional amount for 'Salaries
and expenses', $500,000: Provided, That sec-
tion 104(b) of the Civil Rights Act of 1957 is
amended by striking out the words two
years' and inserting in lieu thereof 'four
years'."
Mr. PASSMAN. Mr. Speaker, I offer
a motion. ?
The Clerk read as follows:
Mr. PASSMAN moves that the House insist
upon its disagreement to the amendment
of the Senate numbered 50.
Mr. ROONEY. Mr. Speaker, I offer a
preferential motion.
The Clerk read as follows:
Mr. ROONEY moves that the House recede
from its disagreement to the amendment of
the Senate numbered 50 and concur therein.
Mr. ROONEY. Mr. Speaker, I very
much doubt that there is anyone pres-
ently in the membership of the House'
who is not thoroughly familiar with, this
so-called civil rights issue.
The action to be taken by adoption of
the preferential motion which I have
submitted would extend the life of the
Commission on Civil Rights for 2 ad-
ditional years beyond November 8 next,
the date on which it must expire under
existing law, and appropriate the
amount of $500,000 for the necessary ex-
penditures of this Commission.
Mr. Speaker, an "aye" vote on the
pending motion to recede and concur in
the Senate amendment is a vote for fur-
therance of civil rights for all our citi-
zens. I am confident the motion will be
overwhelmingly adopted.
Mr. CELLER. Mr. Speaker, I am
wholeheartedly in favor of extending
the life of the Commission on Civil
Rights for an additional 2 years. The
Committee on the Judiciary of the House
of Representatives in reporting my bill,
H.R. 8601, provided for the extension of
the life of the Commission on Civil
Rights for 2 years. In the report which
accompanied that bill, the committee ex-'
pressed the opinion that the best inter-
ests of the Nation-Would be served by the
extension of the life of the Commission.
Although that report was filed prior
to the filing of the report by the Com-
mission, "as required by the Cellar Civil
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18170 CONGRESSIONAL RECORD ? HOUSE
Rights Act of 1957, it foresaw the
valuable work which the Commission has
accomplished to date. Anyone who has
read the recent report by the Commis-
sion on Civil Rights must admit that it
is a report of great value. That report
clearly demonstrates by a factual and
legal analysis the problem which con-
fronts our Nation with regard to the
equal protection of Wall its citizens.
Many may disagree with its , recom-
mendations but no one can deny its
factual presentation in the fields of
voting, education, and housing.
When the House Committee on -the
Judiciary reported the Celler Civil Rights
Act of 1957 it stated that the need for
the Commission was "to be found in the
very nature of the problem involved; the
complexity of the subject matter de-
mands greater knowledge and under-
standing of every facet of the problem."
Not only has the report of the Conimis-
sion on Civil Rights substantiated the
position of the House Committee on the
Judiciary, but it further indicates the
necessity to continue the extension of
the Commission in order that it may
complete the legislative responsibility
imposed upon it by the Congress.
That responsibility required the Com-
mission to study and collect information
concerning legal developments consti-
tuting a denial of equal protection of
the laws under the Constitution and to
appraise the laws and policies of the
Federal Government with respect to
equal protection of the laws under the
Constitution.
That the Commission has not fulfilled
the responsibility which the -Congress
saw fit to place upon it is indeed no fault
of the Commission. Although the Com-
mission was to exist for 2 years from the
date of the enactment of the act, in effect
it has been able to function for only 16
months through no fault of its own. The
delay in the appointment and confirma-
tion of the Commissioners, coupled with
the delay in the nomination and confir-
mation of its staff director until May 14,
1958, prevented the Commission from
functioning on a full scale operation.
If we are to be "one Nation under God,
indivisible, with liberty and justice for
all"?the title of the report of the United
States Commissibn on Civil Rights?
there remains much to be done by the
Commission, the agency to furnish the
Congress with the facts and circum-
,stances upon which we may base proper
legislation. Many problems remain to
be studied and analyzed, such as the ad-
ministration of justice, employment,
public accommodations, Government
facilities, and transportation. We, as
legislators, must seize this opportunity
to provide equal justice under law in any
and every segment of our American pub-
lic' life. The extension of the Commis-
sion is an opportunity which we must
take advantage of here and now. Time
?is of the utmost importance and the as-
sistance already rendered by the Com-
mission -should not be permitted to dis-
sipate itself as to the future by permit-
ting the expiration of the life of the Com-
mission. The Commission is but 'a
means to an end. The end being whole-
some, constructive legislation which will
provide every citizen of the United
States with the free exercise of and ac-
cess to the God-given rights provided for
in the Constitution.
Mr. MeCULLOCH. Mr. Speaker, on
Tuesday, last, September 8, 1959, the
Civil Rights Commission filed its first re:
port with the Congress. This report, a
printed document of more than 500
pages, clearly indicates that much more
study is needed in the entire field of civil
rights. Yet, unless the life of the Com-
mission is extended during this session of
Congress, it will terminate 60 days after
the submission of this report.
Although admittedly the issue of ap-
propriate civil rights legislation is one
of the most important'and controversial
issues this House will have to consider
when it assembles in January, the need
for a continuation of a study group to
make recommendations for legislation
should not be controversial:-
In addition, the Civil Rights Commis-
sion already has an excellent staff, with
a membership of six distinguished Com-
missioners, who have proven competent
and capable of discharging the Commis-
sion's duties and responsibilities in this
delicate area.
Should the life of the Commission not
be extended, I emphasize that it will be
extremely difficult, if not impossible, to
reassemble so distinguished and so ob-
jective a group of Commissioners, three
of whom come from a section of the Na-
tion most likely to be first affected by
civil rights legislation.
The Commissioners are:
The Honorable John Alfred Hannah,
Chairman, president of Michigan State
University since July 1, 1941; Assistant
Secretary of Defense for Manpower. and
Personnel, 1953-54.
The Honorable Robert Gerald Storey,
Vice Chairman, president, Southwestern
Legal Foundation; former dean of South-
ern Methodist University law school;
former president of Dallas ?Bar Associa-
tion, State Bar of Texas, American Bar
Association, Inter-American Bar Asso-
ciation; executive trial counsel for United
States in Nuremberg trials; member,
Hoover Commission, 1953-55.
The Honorable John S. Battle, Gov-
ernor, State of Virginia, 1950-54; mem-
ber, Virginia General Assembly, 1930-50.
The Honorable Doyle Elam Carlton,
Governor of the State of Florida, 1929-
33; member, Florida State Senate,
1917-19.
The Reverend Theodore M. Hesburgh,
C.S.C., president, Notre Dame University
since 1952; permanent Vatican delegate
to International Atomic Energy Agency;
member, Hoover Commission, Rocke-
feller Brothers Fund, National Science
Board. .
The Honorable George Marion John-
son, professor of law and former dean,
Howard University law school; former
director of the Office of Laws, Plans,
and Research of the Commission on
Civil Rights. ,
Finally, I wish to point out that the
President of the United States, in his
message dated February 5, 1959, urged
the extension of the life of the Commis-
sion for an additional 2 years. This rec-
ommendation Was incorporated into one
of the titles of the administration's civil
rights bill, which I introduced. It is also
- September
one of the titles in the clean bill fav-
orably reported by the Judiciary Com-
mittee.
Therefore, I urge that the life of this
important Commission, which has not
had time to complete the important
work which it has begun, be extended for
an additional 2 years.
Mr. ROONEY. Mr. Speaker, I move
the previous question.
The previous question was ordered.
The SPEAKER. The question is on
the preferential motion offered by the
gentleman from New York [Mr.
ROONEY].
Mr. WILLIAMS of Mississippi: Mr.
Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The question was taken; and -there
were?yeas 221, nays 81, not voting 133,
as follows:
Albert
Andersen,
Minn.
Arends
Ashley
Aspinall
Avery
Ayres
Bailey -
Baldwin
Baring
Barry
? Bates
Becker
Belcher
Bennett, Mich.
Boland
Bolling
Bolton
Bow
Boyle
Brademas
Breeding .
Brewster
Brock ?
Brooks, Tex.
Burke, Ky.
Burke, Mass.
Bush
Byrne, Pa.
Byrnes, Wis.
Cahill
Carnahan
Casey
Cederberg
Celler
Chamberlain
Chelf
Chenoweth
Church
Clark
Coffin
Conte
Cook
Corbett
Cunningham
Curtin
Curtis, Mass.
Daddario
Dague
Daniels
Dawson
Denton
Derwinski
, Diggs
Dingell
Donohue
Doyle
Dirski
Dwyer
Fenton
Flynn
Fogarty
Foley
Forand
Ford
Frelinghuysen
Friedel
Fulton
Gallagher
George
Giaimo
Goodell
.
Granahan
Gray
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[Roil No. 1761
YEAS-221
Green, Oreg. Monagan
Green, Pa. Montoya
Griffin Moore
Griffiths Moorhead _
Gress Morgan
Hagen Morris, N. Mex.
Halleck Morris, Okla.
Halpern Moulder
Hargis Multer
Hechler Murphy
Henderson Natcher
Hoeven Nelsen
Hoffman, in. Nix
Hogan Norblad
Holland O'Brien, Ill.
Holt O'Hara, Ill.
Holtzman O'Hara, Mich.
Hull . O'Konski
Ikard O'Neill
Inouye Oliver
Irwin Osmers
Jarman _ Ostertag
Johnson, Calif. Pfost
Johnson, Colo. Philbin
Johnson, Md. Pirnie
Johnson, Wis. Price
Judd Prokop
Karsten Pusincki
Karth Quigley
Kasem ? Rabaut
Kastenmeier Randall
Kearns Ray 3
Kee Rees, Kans.
Keith Reuss
Kelly Rhodes, Ariz.
Kilday Rhodes, Pa.
Kilgore Robison
King, Calif. Rodino
King, Utah Rogers, Colo.
Kirwan Rogers, Mass.
Kluczynski Rooney
Knox Roush
Kowalski Saund
Laf ore Schenck
Laird Scherer
Lane Schwengel
Langen Sheppard
-
Lankford Slack
Lat;,a. Smith, Iowa
Lesinski Springer
Levering Staggers
Libonati Stead
Lindmy Stratton
Lipscomb Sullivan
McCulloch Taber
McDowell Thomas
McFall Thompson, N.J.
McGinley Thomson, Wyo.
Molnar e Thornberry
Machrowicz Toll
Mack, Ill. Udall
Mack, Wash. Vanik
Madden Van Zandt
Magnuson Wainwright
May Walter
Meader Wampler
Merrow Widnall
Metcalf Wilson
Meyer Wolf
Willer, Clem /Wright
Miller, Yates
George P. Young
Miller, N.Y. Zablocki
Mi'l'ken ? -
Moeller
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1959- CONGRESSIONAL RECORD ? HOUSE
???-?
?
Abbitt
Abernethy
Alexander
Alford
Alger
NAYS-8I
. Flynt
Forrester
Fountain
Frazier
Gary
Andrews Gathings
Ashmore Grant
Bass, Tenn, Haley
Beckworth Hardy
Bennett, Fla. Harmon
Boggs Harris
Bonner Harrison
Boykin Hemphill
Brown, Ga. Huddleston
Budge , Jennings
Burleson Jensen
Colmer Johansen
Cooley
Cramer
Davis, Ga.
Dorn, S.C.
Dowdy
Downing
Elliott
Everett
Fascell
Fisher
Adair
Addonizio
Allen
Anderson,
Mont.
Anfuso
Auchincloss
'Baker
Barden
Barr
Barrett
Bass, N.H.
Baumhart
Bentley
Berry
Betts
Blatnik
Mitch
Bosch
Bowles
Bray
Brooks, La.
Broomfield
Brown, Mo.
Brown, Ohio
Broyhill
Buckley
Burdick
Canfield
Cannon
Carter
Chiperfield
Coad
Cohelan
Collier
Curtis, Mo.
Davis, Tenn.
Delaney
Dent
Derounian
Devine
Dixon
Dollinger
Dooley
Dorn, N.Y.
Jonas
Jones, Ala.
Kitchin
Landrum
Lennon
McMillan
McSween
Mahon
Mason
Matthews
Mills
Mitchell
Norrell
Passman
Patman
Poff
Preston
Rains
Rivers, S.C.
Roberts
Rogers, Fla.
Rogers, Tex.
Rutherford
Scott
Selden
Sikes
Smith, Miss.
Smith, Va.
Teague, Tex.
Thompson, Tex.
Trimble
Tuck
Whitener
Whitten
Williams
Willis
Winstead
NOT VOTING-133
Durham Pillion
Edmondson Poage
Evins Porter
Fallon Powell
Farbstein Quie
Feighan Reece, Tenn.
Fino Riehlman
Flood Riley
Garmatz Rivers, Alaska
Gavin Roosevelt
Glenn Rostenkowski
Gubser St. George
Hall Santangelo
Hays Saylor
Healey Shelley
Hebert Shipley
Herlong Short
Hess Siler
Hiestand Simpson Ill.
Hoffman, Mich. Simpson, Pa.
Bonfield Sisk
Horan Smith, Calif.
Hosmer Smith, Kans.
Jackson Spence
Jones, Mo. Stubblefield
Keogh Taylor
Kilburn Teague, Calif.
Loser Teller
McCormack Thompson, La.
McDonough Tollefson
McGovern Ullman
Macdonald Utt
Mailliard Van Pelt
? Marshall Vinson
Martin Wallhauser
Michel Watts
Minshall Weaver
Morrison Weis
Moss Westland
Mumma Wharton
Murray Wier
O'Brien, N.Y. Withrow
Pelly Younger
Perkins Zelenko
Pilcher
So the motion was agreed to.
The Clerk announced the following
pairs:
On this vote:
Mr. Keogh for, with Mr. Hebert against.
Mr. Buckley for, with Mr. Vinson against.
Mr. Addonizio for, with Mr. Morrison
against.
- Mr. Bass of New Hampshire for, with
Mr. Pilcher against.
Mr. Anfuso for, with Mr. Hall against. -
Mr. Delaney for, with Mrs. Mitch against.
Mr. Brown of Ohio for, with Mr. Herlong
against.
Mr. Barrett for, with Mr. Barden against.
Mr. Healey for, with Mr. Loser against.
Mr. Martin for, with Mr. Durham against.
Mr. Santangelo for, with Mr. .Thompson
of Louisiana against.
Mr. Garmatz for, with Mr. Brooks of Loui-
siana against.
Mr. Auchincloss for, with Mr. Riley against.
Mr. Dollinger for, with Mr. Davis of Ten-
nessee against.
Mr. Farbstein for, with Mr. Evins against.
? Mr. Glenn for, with Mr. Murray against.
? Mr. Zelenko for, with Mr. Broyhill against.
Mr. Wallhanser for, with Mr. Hoffman Of
Michigan against.
Until further notice:
Mr. Teller with Mr. Simpson of Pennsyl-
vania.
Mr. O'Brien of New York with Mr. Taylor.
Mr. McCormack with Mr. Bentley.
Mr. Holifield with Mr. Allen.
Mr. Roosevelt with Mr. Adair.
Mr. Hays with Mr. Michel.
Mr. Shelley with Mr. Mumma.
Mr. Ullman with Mr. Pelly.
Mr. McGovern with Mr. Reece of
nessee.
Mr. Rostenkowski with Mr. Riehlman.
Mr. Rivers of Alaska with Mr. Baker.
Mr. Anderson of Montana with Mr. Bray.
Mr. , Macdonald with Mr. Canfield.
Mr. Cohelan with Mr. Younger.
Mr. Feighan with Mr. Saylor.
Mr. Powell with Mr. Pillion.
Mr. Flood with Mr. Quie.
Mr. Fallon with Mr. Minshall.
Mr. Marshall with Mr. McDonough.
Mr. Bowles with Mr. Kilburn.
Mr. Moss with Mr. Baumhart.
Mr. Wier with Mr. Betts.
Mr. Watts with Mr. Collier.
Mr. Shipley with Mr. Teague
fornia.
Mr. Brown Of Missouri with Mr.
Mr. Blatnik with Mrs. St. George.
Mr. Barr with Mr. Mailliard.
Mr. Sisk with Mr. Gubser.
Mr. Stubblefield with Mr. Fino.
Mr. Carter with Mr. Curtis of Missouri.
Mr. Coad with Mr. Derounian.
Mr. Porter with Mr. Devine.
Mr. Spence with Mr. Dixon.
Mr. Perkins with Mr. Hess.
Mr. Edmondson with Mr. Smith
fornia.
Mr. Cannon with Mr. Weaver.
Mr. Burdick with Mr. Westland.
The result of the vote was announced
as above recorded.
The SPEAKER. The Clerk will report
the next ,amendment in disagreement.
The Clerk read as follows:
Senate amendment No. 53: On page 21,
insert:
"EXPENSES
"For an additional amount for 'Expenses',
$17 million to be derived by transfer from
the appropriation for 'Establishment of air
navigation facilities', fiscal year 1960; and
the limitation under the head 'Expenses' in
the Independent Offices Appropriation Act,
1960, on the amount available for expenses
of travel is increased from 113,500,000' to
'$14,125,000'."
Mr. PASSMAN. Mr. Speaker, I offer
a motion which is at the Clerk's desk.
The Clerk read as follows:
Amendment numbered 53: Mr. PASSMAN
moves that the House recede from its dis-
agreement to the amendment of the Sen-
ate numbered 53, and concur therein.
The motion was agreed to.
The SPEAKER. The Clerk will re-
port the next amendment in disagree-
ment.
The Clerk read as follows:
Senate amendment No. 54: On page 21,
insert:
"ESTABLISHMENT OF AIR NAVIGATION
FACILITIES
"Not to exceed $4 million of the appro-
priation made available under this head in
the Independent Offices Appropriation Act,
1960, shall be available for expenses of
travel."
Ten-
of Cali-
Utt.
?
Of Cali-
?
18171
Mr. PASSMAN. Mr. Speaker, I move
that the House recede and concur in the
Senate amendment.
The motion was agreed to.
The SPEAKER. The Clerk will re-
port the next amendment in disagree-
ment.
The Clerk read as follows:
Senate amendment No. 57: Page 22, insert:
"FRANKLIN DELANO ROOSEVELT MEMORIAL
COMMISSION
"For expenses necessary to carry out the
provisions of the Act of August 11, 1955 (69
Stat. 694) , as amended, $150,000, to remain
available until expended."
Mr. PASSMAN. Mr. Speaker, I move
that the House recede and concur in the
Senate amendment.
The motion was agreed to.
The SPEAKER. The Clerk will report
the next amendment in disagreement.
The Clerk read as follows:
Senate amendment No. 58: Page ?, insert:
"HUDSON-CHAMPLAIN CELEBRATION
COMMISSION
"For an additional amount for salaries and
expenses in connection with the work pre-
scribed for the Hudson-Champlain Celebra-
tion Commission in the sum of $35,000 to
be disbursed in the same manner and for
the same effect that funds have heretofore
been disbursed."
Mr. PASSMAN. Mr. Speaker, I move
that the House recede and concur in the
Senate amendment with an amendment.
The Clerk read as follows:
Mr. PASSMAN moves that the House re-
cede from its disagreement to the amend-
ment of the Senate numbered 58, and con-
cur therein with an amendment, as follows:
In lieu of the sum named in said amend-
ment, insert "$25,000".
The motion was agreed to.
The SPEAKER. The Clerk will re-
port the next amendment in disagree-
ment.
The Clerk read as follows:
Senate amendment No. 61: Page 22,
insert:
"SALARIES AND EXPENSES
"For an additthnal amount for 'Salaries
and expenses', $290,000, of which $220,000
shall be available only upon the enactment
into law of legislation continuing beyond
September 30, 1959, the program authorized
by title VI of the Housing Act of 1954, as
amended (68 Stat. 590, 637) ."
Mr. PASSMAN. Mr. Speaker, I move
that the House recede and concur in
the Senate amendment.
Mr. HALLECK. Mr. Speaker, will the
gentleman yield?
Mr. PASSMAN. I yield to the dis-
tinguished minority leader.
Mr. HALLECK. Mr. Speaker, I ask
unanimous consent that the gentleman
from Ohio [Mr. McCuti..ocH], may ex-
tend his remarks in the RECORD imme-
diately following those of the gentleman
from New York [ Mr. CELLER , for whom
consent was obtained a moment ago.
The SPEAKER. Is there objection to
the tequest of' the gentleman from
Indiana?
There was no objection.
The SPEAKER. The question is on
the motion of the gentleman from
Louisiana.
The motion was agreed to.
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18172 CONGRESSIONAL RECORD ? I-MUSE SeptemUr 15
The SPEAKER. The Clerk will re-
port the next amendment in disagree-
ment.
The Clerk read as follows:
Senate amendment No. 62: Page 23, insert:
"URBAN PLANNING GRANTS
"For an additional amount for 'Urban
planning grants', $1,000,000: Provided, That
this paragraph shall be effective only upon
the enactment into law of legislation amend-
ing section 701 of the .Housing Act of 1954,
as amended, so as to authorize appropria-
tion of the foregoing amount."
Mr. PASSMAN: Mr. Speaker, I move
that the House recede and concur in
the Senate amendment with an amend-
ment.
The Clerk read as follows:
Mr. PASSMAN moves that the House recede
from its disagreement to an amendment of
the. Senate numbered 62, and concur therein
with an amendment, as follows: In lieu of
the sum named in said amendment, insert
"6750,000."
The motion was agreed to.
A motion to reconsider the votes by
which action was taken on the several
motions was laid on the table.
GENERAL LEAVE TO EXTEND
Mr. PASSMAN. Mr. Speaker, I ask
unanimous consent that all Members
may have permission to extend their re-
marks in the RECORD at this point on the
conference report.
The SPEAKER. Is there objection to
the request of the gentleman from
Louisiana?
There was no objection.
Mr. O'HARA of Michigan. Mr. Speak-
er, I am very much in favor of an exten-
sion of the life of the Civil Rights Com-
mission. Its inspired report recently is-
sued justifies and indeed demands a
continuation of its activity. Nor is it too
early to consider implementation of the
Commission's principal recommenda-
tions.
Accordingly, I have introduced in the
House today a bill, H.R. 9254, to estab-
lish an agency of the legislative branch
of the Federal Government authorized
to conduct tbe elections of Members of
the Senate and the House of Represen-
tatives. It is identical to S. 2535, intro-
duced in the Senate of the United States
on August 12, 1959, by the distinguished
junior Senator from the State of Michi-
gan [Mr. HART], for himself and 14 oth-
er able Members of that distinguished
body. The bill establishes a continuing
agency of the Congress itself, designed
to insure that registration and election
procedures shall be reasonable, fair, and
equally available to all our citizens.
Under unanimous consent I include a
section-by-section analysis of the bill
and excerpts from a study on the consti-
tutionality of such legislation, prepared
by the Legislative Reference Service of
the Library of Congress, to be inserted
at this point in my remarks:
ANALYSIS OF` CONGRESSIONAL ELECTIONS COM-
MISSION BILL INTRODUCED BY MR. O'HARA
It is the purpose of the Congressional Elec-
tions Act to establish any agency of the legis-
lative branch of the Federal Government
with authority to conduct the elections of
Members of the Senate and the House of
Representatives.
TITLE /
Title! states that because of the continu-
ing denial to American citizens, on grounds
of their race or color, Of their right to vote,
particularly to vote in the election of Repre-
sentatives and Senators, recognizing the
authority of Congress under the 15th
amendment and under article I, section 4
of the Constitution, to assure fullest par-
ticipation of qualified electors in congres-
sional elections, the Congress determines it
necessary to establish an agency to .conduct
registration and voting in the primary, spe-
cial and general elections at which Repre-
sentatives and Senators are elected.
TITLE II
Title II establishes the Congressional Elec-
tions Commission as an agency of the legis-
lative branch of the Federal Government au-
thorized to conduct primary, special and gen-
eral elections for Members of the Senate and
the House of Representatives. The Com-
mission is composed of three members ap-
pointed by the President with the advice and
consent of the Senate, Commissioners to be
appointed for a term of 9 years.
TITLE III
Title III authorizes the Commission to
make and maintain registers of voters in
various congressional districts who are quali-
fied to participate in primary, special and
general elections of Members of the Senate
and House of Representatives. The Com-
mission may maintain registration lists in
various congressional districts whether or
not it has determined to run an election in
the district. It is also provided that no per-
son can become or stay registered on the
Commission's lists who does not have the
qualifications for electors of the most numer-
ous branch of the State legislature. It is
also provided that State and local laws and
ordinances covering the time, place or man-
ner of registration are not applicable to
registrations conducted by the Commission,
but the Commission is instructed to conform
its conduct of registration as far as possible
to the procedures in effect under State or
local laws.
TITLE iv
Title IV authorizes the Commission to
conduct primary, special, or general elections
In any congressional district for Members
of the Senate and the House of Representa-
tives either when (1) the CoMmission is
officially requested so to do by the State in
which the district is located, or (2) the Com-
mission determines that unless it conducts
such an election qualified voters are likely
to be denied their right in such a primary,
special, or general election to cast their votes
and have them fairly counted. Whenever
the Commission conducts a primary, special,
or general election that shall be the sole
primary, special, or general election in the
congressional district for Members of the
Senate and the House of Representatives and
the results thereof shall-determine the party
nominees, the elected Members of the House
of Representatives and the official vote of the
congressional district for Members of the
Senate and the House of Representatives at
large. No person may vote in an election
conducted by the Commission unless he has
either been registered under. title III by the
Commission or he is registered on a State
registration-list determined by the Commis-
sion to be appropriate for use in its own
elections. The Commission, if it decides to
conduct an election, shall immediately no-
tify the Governor of the State.
TITLE V
Title V provides for the certification of
results of election by the Commission to the
Speaker of the House, the Secretary of the
Senate, and the Governor of the State, and
that such certification constitutes the bind-
ing and conclusive determination of the re-
sults of the primary, special, or general
election.
TITLE V/
Title VI authorizes the Commission to
delegate to its own agents and employees
or to appropriate officials of the State and
local governments any of the powers pro-
vided by the act with the exception of the
authority of the Commission to determine
whether or not to maintain registers of
voters or to conduct on election in any
particular congregsional district which
powers shall be exercised only by the Com-
mission itself.
TITLE VI/
Title VII authorizes suits for declaratory
and injunctive relief in the U.S. district
court by any citiZen qualified to vote who
has applied for registration by the Commis-
sion and is denied it or after being granted
registration is removed from the tegistry or
is denied opportunity to vote in an election
conducted by the Commission.
TITLE VIII
Title VIII contains miscellaneous provi-
sions concerning the compensation of agents
and employees of the ComMission as well
as officials of the State to whom Commission
functions may be delegated; provisions for
the taking of testimony by the Commission;
attendance of witnesses; refusals to testify;
promulgation of the Commission rules and
regulations; reports to the Congress; and
amendment of prior laws.
EXCERPTS FROM CONSTITUTIONALITY OF NA-
TIONAL LEGISLAITON ON ELECTION OF CON-
GRESSMEN AND SENATORS
- 1. This subject involves the division of
legislative power as between the States and
the National Government. The extent of
the congressional power to legislate on elec-
tions is determined by the provisions-of the
U.S. Constitution. The provisions relating to
elections are set forth in part 1 of this report.
Attention. is directed to article 1, section 4
which provides that Congress may make
regulations as to the times, place, and "man-
ner of holding elections" for Senators and
RepresentStives or may alter regulations pre-
scribed by the State legislatures for such
purposes, except as to the places of choosing
Senators. A distinction between prescribing
the manner of holding elections and pre-
scribing the qualification of 'electors must be
recognized because article I, section 2, and
the 17th amendment provide that the elec-
tors for Representatives and Senators shall
. have the qualifications requisite for electors
of the most numerous branch of the State
legislatures. The power of the State in this
and other matters is subject to the limita-
tions set forth in the 14th, 15th, and 19th
amendments.
2. The Supreme Court decisions on the
validity of State laws on the qualification
of -electors have been reviewed in this report
because they bear upon the division of power
between the States and the National Gov-
ernment and because the opinions in some
of these cases contain statements that the
right to vote is derived from the States and
it is important to recognize that these state-
ments were made in reference to the qualifi-
cation of electorS and not in reference to
other election matters, such as the power to
regulate the manner of holding congres-
sional elections. Thus, there Is no funda-
mental conflIct between these statements
and statements in cases involving othej.
issues that the right to vote for representa-
tives in Congfiress is derived from the U.S.
Constitution.
3. The Supreme Court decisions on actions
against racial discrimination after the civil
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rights legislation of 1870 are described in
this report because they demonstrate the
importance of respecting constitutional lim-
itations in- drafting and interpreting legis-
lation. Two of these decisions held certain
sections of the civil rights laws unconsti-
tutional (United States v. Reese and James V.
Bowman). ? In both instances the difficulty
was the failure of the statute involved to
comply with the requirements of the 15th
amendment and the decisions resulted from
imprecise drafting of the leislation rather
than from a lack of congressional, power to
deal with the matter in controversy. Two
other racial discrimination cases (United
States v. Cruikshank and Bs- parte Yar-
borough) demonstrate the difference in con-
gressional power as between State elections
and national elections. One case held that
the U.S. Constitution does not prohibit
private racial discrimination in State elec-
tions and the other held that there is con-
stitutional power to prohibit private racial
discrimination in the election of a repre-
sentative in Congress. These two cases in-
volved, not the constitutionality of legisla-
tion, but the meaning of rights or privileges
secured by the Constitution in a criminal
statute protecting such rights.
4. The foremost exercise by Congress of its
power under article I, section 4 of the Consti-
tution was the enactment of several sections
in the Civil Rights Acts of 1870-71 providing
for the supervision of elections of Repre-
sentatives in Congress. A number of these
sections were held constitutional and no sec-
tion of the civil rights legislation which dealt
expressly with the election of Representatives
in Congress was held unconstitutional. The
Supreme Court decisions_on these sections
are set forth in part 4 of this report. The
outstanding case is Ex Parte Siebold. The
sections involvedpwere repealed in 1894 along
with several others relating to elections.
5. After the repeal in 1894 of much of the
national legislation on elections, contro-
versies arose on whether criminal statutes
punishing conspiracies to commit an offense
against the United States, and conspiracies
to interfere with rights secured by the Con-
stitution were applicable to activities affect-
ing elections. These cases are described in
part 5, and some of them, notably United
States v. Gradwell, discuss the scope and ex-
ercise of congressional power on elections,
in the process of interpreting the conspiracy
statutes.
6. The only congressional enactment deal-
ing expressly with the election of Representa-
tives and Senators which has been held,un-
constitutional was the portion of the Corrupt
Practices Act relating to nominations and
primary elections. Newberry v. United
States, 256 U.S. 232 (1921). However, this
decision has been virtually nullified by the
subsequent decision in United States v.
Classic, 313 U.S. 299 (1941). The cases on
primary elections are reviewed in part 6 of
this report. The Supreme Court decision in
the Classic case interpreted "elections"? in
article I, section 4 as meaning "choice," and
thus including the process of nomination.
Also, the Court relied upon the "necessary
and proper" clause in article I, section 8 of
the Constitution. .
7. The Supreme Court cases on congres-
sional power to deal with registration pro-
cedures affeating congressional elections are
less helpful than those relating to general
and primary elections. A section of the
1870 Civil Rights Act which dealt mainly
with registration was said to be valid in
two Supreme Court cases but neither case
appears to have involved registration itself.
However, the Supreme" Court opinion in the
Classic case indicates that the authority of
Congress to regulate the manner of holding
elections is supplemented by the necessary
and proper clause. If the administration of
State registration laws was found to affect
NGRESSIONAL RECORD ? HOUSt 18173
the right of a person to vote for a Repre-
sentative or Senator, national legislation on
the control of a State registration system
would most likely be held constitutional,
provided it complied with provisions of ar-
ticle I of the Constitution. These require-
ments may be summarized as (1) the leg-
islation must expressly deal exclusively with
the election of Representatives and Senators,
(2) the legislation cannot prescribe the
qualification of electors, (3) the legislation
must relate to what is necessary and proper
for the regulation of the manner of holding
such elections.
Mr. DOWDY. Mr. Speaker, I opposed
the rule sending tAis foreign aid-civil
rights bill to conference committee, and
am opposed to the bill in any form. It is
evil compounded by evil. In my opin-
ion, the foreign aid provisions, in im-
poverishing America to build up social-
ism and communism in foreign lands,
amount to treason; the extension of the
so-called Civil Rights Commission, with
the evident intent to overthrow the
American way of life, amounts to tyr-
anny. The Kremlin hierarchy would be
proud to claim authorship of this combi-
nation. Khrushchev on his arrival a
few hours from now will be well pleased
with such a welcome as given him and
his breed by, the enactment of this bill.
It is a greater victory for the Red bosses
than was their shot at the moon.
Mrs. CHURCH. Mr. Speaker, I rise in
protest against this attempt to bury a
vital civil rights issue through a rider
to the mutual security appropriation bill
under consideration. Furthermore, the
fact that the rider seeks only to-extend
the life of the Civil Rights Commission,
without meeting other demonstrated
needs, is in itself a reason for just protest.
Ever since I came to this House 9 years
ago, I have vigorously insisted that fail-
ure to meet the need for adequate civil
rights legislation would serve only tci ex-
pose to a skeptical world a weakness in
our own democracy that must be prompt-
ly and soundly remedied if our system
of a free governnient by free men is to
survive.
It is incredible to me that action on
this matter has been delayed until the
closing hours of the Congress. It is even
more incredible that the only possible
action to be offered us before adjourn-
ment is through a rider which has no
germane connection whatsoever, under
House rules, with the bill to which it was
attached by the other body.
I am, of course, supporting the amend-
ment favoring the extension of the Civil
Rights Commission.
I can perhaps best express the strength
of my conviction on this issue, Mr. Speak-
er, by here stating that, contrary to my
general custom on petitions, I immedi-
ately signed Congressman CELLER'S peti-
tion offered recently to bring out to the
House floor the civil rights measure re-
ported out of the Judiciary Committee.
Even this bill is in itself inadequate and
superficial.
I express the hope that at the very
beginning of the next session-of the Con-
gress we may face our responsibility in
this matter honestly and courageously.
I shall certainly, once more, do all within
my power to secure enactment of sound
and necessary civil rights legislation.
L
COMMITTEE TO NOTIFY THE
PRESIDENT
Mr. ALBERT. Mr. Speaker, I offer a
resolution.
The Clerk read as follows:
HOUSE HESOLTMON 397
Resolved, That a committee of two Mem-
bers be appointed by the House to join a
similar committee appointed by the Sen-
ate, to wait upon the President of the United
States and inform him that the two Houses
have completed their business of the ses-
sion and are ready to adjourn, unless the
President has some other communication
to make to them:
The resolution wis agreed to.
The SPEAKER. The Chair appoints
as members of the committee the gentle-
man from Oklahoma, Mr. ALBERT, and
the gentleman from Indiana, Mr. HAL-.
LECK.
PRINTING OF COMMI ihE RE-
PORT AS HOUSE DOCUMENTS
Mr. ALBERT. Mr. Speaker, I ask
unanimous consent that reports filed
with the clerk following the sine die
adjournment by committets authorized
by the House to conduct investigations,
may be printed by the clerk as reports
of the 86th Congress.
The SPEAKER. Is there objection to
the request of the gentleman from Okla-
homa? '
There was no objection.
GENERAL LEAVE TO EXTEND
Mr. ALBERT. Mr. Speaker, I ask
unanimous consent that all Members of
the House shall have the privilege, until
the last edition authorized by the Joint
Committee on Printing is published, to
extend and revise their own remarks in
the CONGRESSIONAL RECORD on more than
one subject, if they so desire, and may
also include therein such short quota-
tions as may be necessary to explain or
complete such extensions of remarks;
but this order shall not apply to any
subject matter which may have occurred,
or to any .speech delivered, subsequent
to the adjournment of Congress.
The SPEAKER. Is there objection to
the request of the gentleman from Okla-
homa?
There was no objection.
EXTENSION OF 'REMARKS BY COM-
MITTEE CHAIRMEN AND RANK-
ING MINORITY MEMBERS
Mr. ALBERT. Mr. Speaker, I ask
unanimous consent that the chairmen of
all the standing committees and subcom-
mittees of the House may extend their
remarks up to and including the publi-
cation of the last RECORD and to include
a summary of the work of their com-
mittees; also' that the ranking minority
member of such standing committee or
any subcommittee may have the same
permission to extend their remarks and
to include a summary, if they desire, from
their point of view, separately from that
of the chairman.
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18174 CONGRESSIONAL RECORD ? HOUSE
The SPEAKER. Is there objection to
the request of the gentleman from Okla-
homa.?
There was no objection.
EXTENSION OF REMARKS '
Mr. GROSS. Mr. Speaker, I ask
unanimous consent to extend my re-
marks in the RECORD just prior to the
vote on the adoption of the conference
report.
The SPEAKER. Is there objection to
the request of the gentleman from Iowa?
There was no objection.
CONSTITUTIONAL AMENDMENT ON
CIVIL RIGHTS
(Mrs. GREEN of Oregon (at the re-
quest of Mr. ALBERT) was given permis-
sion to extend her remarks at this point
in the RECORD and include extraneous
matter.)
Mrs. GREEN of Oregon. Mr. Speaker,
it was a real pleasure for me to introduce
in the House today a joint resolution em-
bodying the constitutional amendment
recommended by the Civil Rights Com-
mission. This amendment provides that -
no citizen shall be deprived of the right
to vote, to register or otherwise qualify
to vote, or the right to have his vote
counted; by the United States, or by any
State, or by any person, except for failure
to meet age or residence qualifications
uniformly applied by the States. The
right of the various States to have differ-
ent age or residence qualifications is pre-
served, but the amendment, if made a
part of the Constitution, would take atay
from the hands of those who seek to pre-
vent millions of Americans from voting
the most common tools which they now
use.
The right to vote is utterly basic to ani
program of civil rights. It is, in fact,
utterly basic to the very concept of de-
mocracy. If we can, once and for all,
cut through the artificial barriers which
have been raised to bar access_ to? the
ballot box to very nearly half of the peo-
ple of the South, we will have gone a
long way toward removing the obstacles
to a full realization of the other rights
which supposedly are guaranteed to
every American citizen?but which have -
not been enforced for the past century.
The report of the Civil Rights Com-
mission, based upon such information as
that committee was able to obtain, in
spite of obstacles thrown in its path by
local officials, spells out techniques used
to deprive American citizens of the vote
which would have brought a blush of
shame to the faces of the worst city
bosses of a past era. People have been
asked to explain constitutional provi-
sions which read like questions from bar
examinations. People have been de-
prived of the very opportunity to try- to
qualify for the franchise. And it is clear
from the report of the Commission that
these qualifications have been applied
under the worst kind of double standard.
Negroes with college degrees were barred
from voting by rigid application of so-
called literacy tests, while scarcely liter-
ate whites were encouraged to register
and vote in order to maintain white su-
premacy. ?
A few weeks ago, this House rang with
righteous denunciation of the denial of
the right to vote to members of labor
unions on elections within their unions.
Legislation was enacted to safeguard this
right. I supported such legislation, and
I believed then, as I believe now, that it
was a real contribution to democracy
within the union movement.
But democracy within the immediate
sphere of government itself is even more
essential if our Naticm is to continue to
grow, spiritually and materially and if
we really believe that the best system
of government is based upon the ability
of the governed to select their public
officials and to render a judgment on
their stewardship at the polls. Through-
out history, there has been developed no
alternative? to government .by ballot ex-
cept government by bayonet. Other ad-
vances in the field of civil rights or, for
that matter, in other fields, are only built
on the shakiest of foundations if they
are not buttressed by the right to vote.
The right to vote is the heart of our way
of life and the chief promise of the con-
tinuing American revolution. If we deny
to Americans the right to vote, on the
specious basii of race, or color, or na-
tional origin, we .are denying our own
heritage and our own fitness to serve
the cause which our country embodies.
When Hawaiian statehood was before
this body, I spoke in favor of admitting
what is now our 50th State to full mem-
bership in the Federal family. In speak-
ing for statehood, I said:
? In acting, within the confines of this his-
toric Chamber, to govern peoples whose con-
sent is not asked and whose participation is
not encouraged, we have weakened by our
example what we uphold by our words.
Every time the Congress of the United States
acts to pass legislation for the governance
of a territory when such an act could be
passed by the legislature of a State, we are
cheapening our own dignity and demeaning
our high office, no matter how generous may
be the terms of such legislation.
So it is with the right to vote within
the States themselves. As long as this
Congress governs millions of people who
have no meaningful way to express
themselves in this Chamber, as long as
the right to participate in the selection
of the Members of the Congress is denied
to American citizens on arbitrary, dis-
criminatory grounds, just so long is the
Congress itself the real loser. It is our
own high office and our own participation
in the solemn act of representation that
is lessened by the actions of those who
deny to our fellow citizens their right
to choose us and pass judgment upon us.
The proposed 23d amendment to the
Constitution will blunt the edge of those
tools which are now used to deny quali-
fied Americans the right to vote. It will
prevent the misuse of State laws by those
who would ignore the demands of our
democratic faith. It will, when passed
by the Congress and ratified by the
State legislatures, mark a great step for-
ward toward the securing of equal rights
under the law to all Americans.
4
Septernbi..15
? LETTERS AND LEGISLATION
(Mr. HENDERSON asked and was
given permission to extend his remarks
at this point in the RECORD.)
Mr. HENDERSON. Mr. Speaker, it
is interesting to study the source of let-
ters that I receive advocating or oppos-
ing certain items of important legisla-
tion which are under consideration in
the House of Representatives. I have
been impressed that on a number of key
issues, very little opinion from the gen-
eral public is obtained from corre-
spondence. The highway bill which was
passed by Congress last week and which
provided for an increase in the gasoline
tax of 1 cent for a period of at least 22
months is a very good example. Check-
ing through the correspondence that I
received on this measure, I find that a
great number of letters were received
but not over half-dozen which advocated
the imposition of an additional 1 cent
on the Federal gasoline tax were written
by people who had no apparent connec-
tion with highway construction or the
manufacture or sale of supplies for the
construction of highways. The road
user, the fellow who is going to pay an
additional penny tax in addition to the
tax increase of 2 cents recently imposed
by the State of Ohio offered little com-
ment on the type of highway program
that Congress would enact.
I am quite. sure that -each Member of,
Congress exercises an independent judg-
ment in his action on legislative matters.
If he were to be guided solely by the spe-
cial interest mail he receives, he could be ,
ignoring the wishes and the welfare of
those who do not have such a special
interest.
CONGRESS AND MR. KHRUSHCHEV
(Mr. HENDERSON asked and was -
given permission to extend his remarks
at this point in the RECORD.)
Mr. HENDERSON. Mr. Speaker, I was
somewhat disturbed, as were some of my
colleagues in Congress, to hear so much.
talk that Congress planned to adjourn
prior to the arrival of the Premier of Rus-
sia by reason of fear, embarrassment or
for all sorts of explanations which had
in common the picture of Congress leav-
ing Washington under a figurative cover
of darkness. I feel that these statements
were unwarranted, untrue' and not at all
helpful in our dealings with the Soviet
Union.
The fact of the matter is that in most
years the final gavel of the Congress
drops during the month of August and
had the way been cleared for adjourn-
ment several weeks ago there would have
been no question of the reason why the
Congress adjourned. The simple expla-
nation would have been what it is now?
that its work has been completed. This
year for reasons known and unknown,
good and bad, the work of the Congress
was not completed until mid-September
. and this adjournment date coincided
with the arrival in Washington of the
controversial Mr. Khrushchev and his
entourage. It also coincided with a wax-
ing moon, Russia's claim to have sent a
rocket to the earth's satellite, a break in
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