ADJUSTMENTS IN ANNUITIES UNDER THE FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM

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August 30, 1965
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Approved For Release 2007/03/06 ? CIA-RDP671300446R000600100050-0 August 30, 1965 CONGRESSIONAL RECORD ? SENATE and voting, he would vote "nay." If I were at liberty to vote, I would vote "yea." Therefore, I withhold my vote. The rollcall was concluded. Mr. LONG of Louisiana. I announce that the Senator from Alaska [Mr. BART- LETT], the Senator from Idaho [Mr. CHURCH], and the Senator from Wyo- ming [Mr. MoGRE], are absent on official business. I also announce that the Senator from Virginia [Mr. BYRD], the Senator from Pennsylvania [Mr. CLARK], the Senator from North Carolina [Mr. Eavni], the Senator from Arkansas [Mr. FULBRIGHT], the Senator from Tennessee [Mr. GORE], the Senator from New York [Mr. KEN- NEDY], the Senator from Minnesota. [Mr. MCCARTHY], the Senator from Maine [Mr. MusKIE], and the Senator from New Jersey [Mr. WILLIAMS], are neces- sarily absent. I further announce that, if present and voting, the Senator from North Carolina [Mr. ERvIN] and the Senator from Wyo- ming [Mr. McGRE], would each vote "nay." On this vote, the Senator from New York, [Mr. KENNEDY] is paired with the Senator from Virginia [Mr. BYRD]. If present and voting, the Senator from New York would vote "yea," and the Senator from Virginia would vote "nay." Mr. CARLSON. I announce that the Senators from Colorado [Mr. ALLOTT and Mr. DomnsucK], the Senator from Ne- braska [Mr. Cuirrrs] , the Senator from Illinois [Mr. DIRKsEN], the Senator from New York [Mr. JAviTs], the Senator from California [Mr. KticHEL], the Senator from Kentucky [Mr. MORTON], the Sen- ator from South Dakota [Mr. MUNDT] , and the Senator from Massachusetts [Mr. SALTONSTALL] re necessarily absent. If present and voting, the Senators from Colorado [Mr. ALLorr and Mr. DommicK], the Senator from Nebraska [Mr. CURTIS], the Senator from Illinois [Mr. DIRKSEN] , the Senator from New York [Mr. JAvirs], the Senator from Cal- ifornia [Mr. KuonEL1, and the Senator from South Dakota [Mr. MuNirr] would each vete "nay." The pair of the Senator from Massa- chusetts [Mr. SALTONSTALL] has been pre- viously announced. The result was announced?yeas Z1, nays 57, as follows: [No. 241 Leg.] YEAS-21 Bible La,usche Neuberger Burdick ,McGovern Prouty Cooper McNamara Proxmire Douglas Metcalf Randolph Gruening Monroney Williams, Del. Hart Morse Yarborough Kennedy, Mass. Nelson Young, Ohio NAYS-57 Aiken Fong McIntyre Anderson Harris Miller Bass Hartke Mondale Bayh Hayden Montoya Bennett Hickenlooper Moss Boggs Hill Murphy Brewster Holland Pastore Byrd, W. VB. Hruska Pearson Cannon Inouye Pell Carlson Jackson Ribicoff Case Jordan, N.C. Robertson Cotton Jordan, Idaho Russell, S.C. Dodd Long, Mo. Russell, Ga. F,astland Long, La. Scott F,11ender Magnuson Simpson Vannin McClellan Smathers Smith Sparkman Stennis Allot t Bartlett Byrd, Va. Church Clark Curtis Dirksen Dominick Symington Talmadge Thurmond Tower Tydings Young, N. flak. NOT VOTING-22 Ervin Fulbright Gore Javits Kennedy, N.Y. Kuchel Mansfield McCarthy McGee Morton Mundt Muskie Saltonstall Williams, N.J. So Mr. MORSE'S amendment was re- jected. Mr. HOLLAND. Mr. President, I move that the vote by which the amendment was rejected be reconsidered. Mr. SMATHERS. Mr. President, I move that the motion to reconsider be laid on the table. The motion to lay on the table was agreed to. The VICE PRESIDENT. The bill is open to amendment. If there be no amendment to be proposed, the question is on the third reading of the bill. The bill was ordered to a third reading, and was read the third time. The VICE PRESIDENT. The bill having been read the third time, the question is, Shall it pass? On this question, the yeas and nays have been ordered. ?Mr. MORSE. Mr. President, I shall not require the yeas and nays. I have no objection to dispensing with the yea's and nays. Mr. HOLLAND. Mr. President, I feel as does the Senator from Oregon. I see no purpose in a yea-and-nay vote. The VICE PRESIDENT. Without ob- jection, the order for the yeas and nays is rescinded. The bill (H.R. 4905) was passed. Mr. HOLLAND. Mr. President, I move that the Senate reconsider the vote by which the bill was passed. Mr. SMATHERS. Mr. President, I move to lay that motion on the table. The motion to lay on the table was agreed to'. ADJUSTMEN IN ANNUI ES UN- DER TH FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM Mr. MANSFIELD. Mr. President, I ask unanimous consent that the Senate proceed to the consideration of Calendar No. 614, H.R. 4170. The VICE PRESIDENT. The bill will be stated by title. The LEGISLATIVE CLERK. A bill (H.R. 4170) to provide for adjustments in an- nuities under the Foreign Service retire- ment and disability system. The VICE PRESIDENT. Is there ob- jection to the request of the Senator from Montana? There being no objection, the Senate proceeded to consider the bill. Mr. SPARKMAN. Mr. President, the bill came from the House of Representa- tives and has been approved by the Com- mittee on Foreign Relations. It seeks to make some changes in Foreign Service annuities. , The Senate has previously had similar measures before it; in fact, a similar measure was considered at the end of the previous session of Congress. It was felt that changes should be 21423 made in the bill; consequently, action on the bill was not completed at the previ- ous session of Congress. When this bill was reported to the Sen- ate, the Senator from Delaware [Mr. WILLIAMS] and the Senator from Ohio [Mr. LAUSCHE] , who had been much interested in it, proposed an amendment. The Senator from Delaware [Mr. WIL- LIAMS] will present the amendment. Mr. WILLIAMS of Delaware. Mr. President, on behalf of the Senator from Ohio and myself, I offer an amendment and ask that it be read. The VICE PRESIDENT. The amend- ment will be stated. The legislative clerk read as follows: On page 3, lines 19 and 20, strike out "during the period, beginning October 16, 1960, and ending on" and substitute "prior to". On page 3, line 23, strike out "during such period" and substitute "prior to such date". On page 3, lines 23 and 24, strike out "on October 16, 1930" and substitute "at the time of his retirement". On page 4, beginning with the word "In" on line 1, strike out through the word "data." on line 9. Mr. WILLIAMS of Delaware. One hundred seventy-nine employees of the Foreign Service retired and at the time of their retirement did not elect to desig- nate their wives as survivor beneficiaries. The bill as reported by the committee would give these retirees the right to make the election retroactive in order to give their Wives survivorship benefits, but the bill does not require them to pay back the extra benefits they have col- lected in the meantime. I repeat?the bill as reported does not provide that those who made the election at this late date would have to pay back the extra amount of money in retirement benefits which they had re- ceived over the period when they had not designated their wives as bene- ficiaries. The purpose of the Lausche-Williams amendment would still allow retirees to elect, even at this late date, to designate their wives as survivor beneficiaries, but it require them to pay back to the retire- ment fund the extra amount which they collected as computed from the date of retirement over and above the amount they would have collected had they made the election at that time. This is the same amendment that was included in the bill which was passed by the Senate last year. The amendment is offered by myself and the Senator from Ohio [Mr. LAUSCHE]. I understand that the com- mittee is willing accept the amend- ment. Mr. MANSFIELD. Did the Senator say that the amendment was offered on behalf of the Senator from Ohio [Mr. LAUSCHE] too? Mr. WILLIAMS of Delaware. Yes. I cite just one example to show the need for this amendment. Employee A is currently drawing a pension of $17,500 a year. Had he desig- nated his wife as a beneficiary on the date of retirement his pension would have been reduced $1,200 per year, or to $16,300. Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 Approved For Release 2007/03/06 : CIA-RDP671300446R000600100050-0 21424 CONGRESSIONAL RECORD ? SENATE August 30, 1965 He has been retired for 9 years, which means that he has collected $10,800 in extra benefits as the result of not having designated his wife for survivor benefits. The bill as reported by the committee would allow this man now to designate his wife as his beneficiary by taking the standard deductions from his current pension. but the bill would not require him to pay back to the Federal Treasury the extra $10,800 which he had collected in the meantime. The amendment which the Senator from Ohio and I are offering would grant these retlreees another opportunity to designate their wives as beneficiaries but in order to do so they would first be re- quired to make arrangements to pay back to the retirement fund the entire amount which they have collected over and above that amount which they would have collected had they made this desig- nation originally. Mr. President, I ask unanimous con- sent to have printed at this point in the RECORD the minority views of the Sena- tor from Ohio [Mr. LaUSCHEl and my- self, as contained in the committee re- port. This report outlines in greater detail our basic objections to the bill as it was reported by the committee. There being no objection, the minor- ity views were ordered to be printed in the RECORD, as follows: MINORITY VIEWS It is our opinion that this bill should not be acted upon favorably because. If adopted: (I) It will grant to certain individuals rights to which they are not entitled and which will make these particular individuals the beneficiaries of grants not given equally to other persons in the Foreign Service re- tifernent program. k 2) Allow these special retirees now to designate their respective wives as bene- ficiaries, in the event they are survived by their wives, without requiring the retirees to pay back into the Treasury excess amounts which the fund paid them upon their retire- ment because they did not select to have their wives designated as beneficiaries. (3) Treat unjustly those retirees who did designate their wives as survivor beneficiaries and thus suffered a reduction In the retire- ment pay which they received. (4) Create further complications and the need for further adjustments when those retirees who did designate their wives as survivor beneficiaries learn of the losses which they suffered through the reduction in retirement pay because they did designate their wives as survivor beneficiaries. (5) Definitely create an inequality of treatment of the persons covered by the fund. (6) Give encouragement to the adminis- tration of retirement funds completely in- consistent with prudence and actuarial rules. (7) Require the payment of the obitga- ttons created by the bill not out of the For- elan Service retirement fund but out of the general taxpayers' fund of the Federal Gov- mament. Any beneficiary under this bill at the -rine of retirement from the Foreign Service had the option of either designating or not designating a potential surviving spouse as a beneficiary. The retiree had to decide tvhether he would prefer getting an increased retirement pay for himself without designat- ing his wife as a beneficiary, or a decreased retirement pay by so designating his spouse. Many retirees did designate their spouses as beneficiaries and thus received less money for themselves during their lifetime. There were others who exercised the option of getting more pay for themselves but exclud- ing their spouses as beneficiaries. If this bill is adopted it will result in un- equal treatment as between these two classes of retirees. The retiree for whom this bill is being passed will now be allowed to desig- nate the spouse as a beneficiary but will also be allowed to keep all of the excess pay that he received from the fund since his retire- ment. However. the Foreign Service worker who, at the time of retirement, elected to have his spouse designated as a beneficiary, of course, received less money. There is no pro- vision in the bill reimbursing those retirees for their losses. We are at the opinion that this latter class, when it learns of the dis- criminatory treatment to which this bill will subject them, will justifiably come before the Congress asking that they be given equal consideration. With regard to this Foreign Service retire- ment plan, we have an exhibition of what reckless end imprudent disregard for actu- arial rules does to the stability of a retire- ment plan that Was originally set up on a sound basis. The retirement plan of the Foreign Service was adopted by Congress in 1924. At that time, it provided for employee contributions equal to 5 percent of salary up to $9,000. and Government appropriations necessary to continue the plan in full force, the aggregate total of Government appro- priations not to exceed the aggregate total of officer contributions plus Interest. How- ever, at various times forces began to operate for liberalizations of rights and payments. Some of the liberalizations that the Con- gress adopted are as follows: 1. In 1999, officers who bad served 30 years could retire at age GO on a reduced annuity. 2. In 1939, survivor annuities for wives were first provided. 3. In 1941, the act was changed to permit retirement with 30 years of service at age 50. 4. In 1946. voluntary retirement at age 50 with 20 years of service was permitted. 5. In 1946, disability retirement was lib- eralized so that when a participant in the system becomes disabled, if he has at least 5 years of service, his annuity Is figured on the basis of a minimum of 20 years of service. 6. Also in 1946. the act was amended to provide that an annuity would be based on the officer's 5-year average salary next pre- ceding retirement, rather than the 10 years nest preceding retirement. 7. In 1955, it was Changed to the best 5- year average, rather than the 5 years next preceding retirement. R. In 1956, the limitation on years of serv- ice on which an annuity could be based was raised from 30 to 35 years. thus allowing '70 percent of the highest 5-year average salary as an annuity. 9. In 1960, the retirement system was changed to provide that Foreign Service Staff personnel, after they have served 10 years in the Foreign Service, become participants in the Foreign Service retirement system. Dur- ing the first 10 years of their service they are sublect to the Civil Service Retirement Act. 10. In 1960, survivor annuities for children were also granted. And, in 1960, the act was amended to provide for recomputation of annuities of those who had retired prior to 1966 to allow those with more than 30 years to be given added credit for the difference up to 95 years. A measure of the dollar impact of these liberalizations on the unfunded liability of the system is not available. But, partly as a consequence of these liberalizations, the fund is now in an indefensible state of in- stability. The limitation of 5 percent of salary up to $9,000 provided by the 1924 act was changed to $10,000 on February 23, 1931; changed to $13.500 on August 13, 1946; and removed altogether on August 5, 1955. The limita- tion on Government appropriations to the fund which was a provision from the estab- lishment of the system in 1924 was removed on April 24, 1939; Government payments were to be in the form of annual appropriations based upon an actuarial determination of the contribution required. Frequently the Con- gress did not appropriate all or any part of the funds requested for this purpose. Subsequently, on September 8, 1960, the law was again changed with respect to con- tributions requiring that the employees and the U.S. Government each pay 61,- percent effective July 1, 1961. Existing now with respect to this retire- ment program Is the indefensible and un- believable situation that because of liberali- zations in rights and other causes it requires a contribution of 29.7 percent to maintain the fund. If the contributions were to be made on an equal basis by employer and em- ployee, each would have to contribute 14.85 percent of the payroll. The Government now owes $288 million to the fund; the receipts of the fund are now equal to 13 percent of the payroll of the Foreign Service which is approximately $250 million. It is essential that this inadequacy of contribution be solved. We have been told that a proposal will be made to continue the payment of the em- ployees at 61/2 percent of their salaries but that the general taxpayers will then be re- quired to contribute 23.2 percent to the payroll. Illustrative of the unbelievable situation that prevails in the fund is the fact that into it now on the basis of a 13-percent coltribu- lion (61,i percent by the Government and percent by the workers) in fiscal year 1962, the fund received $6 million while it paid out for all purposes $5.5 million. An actuarial projection of funds, known obliga- tions, and anticipated receipts reveals that unless measures are taken to improve the fi- nancing of the fund it will be depleted by 197'7 and unable to meet future obligations. Obviously, this situation is bad. It is the result of failure to recognize when the lib- eralizations were made what the ultimate consequences would be. Many times when new rights were granted to one group, subse- quently new rights had to be granted to another in order to equalize the consideration given. We believe that Congress should not act favorably upon this bill because, if adopted It will treat persons covered by the fund un- equally. In addition, its adoption would en- courage the imprudent and actuarially unsound administration of retirement funds and would further obligate the general tax- payers' fund of the Federal Government, rather than the Foreign Service retirement fund. We believe that rather than further adding to the unfunded liability of the For- eign Service retirement plan Congress should be considering viable proposals to solve the deficiency in the fund aggravated by the lib- eralizations adopted in the past. FRANK J. LAUSCHE. JOHN J. WILLIAMS. KARL E. Mornrr Mr. SPARKMAN. Mr. President, there is considerable merit in the bill as it stands. However, I recognize the dif- ference of opinion regarding the specific point that the Senator from Delaware raises. I realize that what he says has merit. It is a question of drawing a proper balance. We have discussed the amendment. For my part, I am willing to accept it and take it to conference. I have assured the Senator from Delaware that it will be my purpose to insist upon the amend- ment in conference. Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 August 30, 1965 CONGRESSIONAL RECORD ? SENATE 21425 Mr. WILLIAMS of Delaware. I thank the Senator from Alabama. The PRESIDING OFFICER. The question is on agreeing to the amend- ment offered by the Senator from Dela- ware [Mr. WILLIAMS] for himself and the Senator from Ohio [Mr. LAuscnc] The amendment was agreed to. The PRESIDING OFFICER. The bill is open to further amendment. If there be no further amendment to be proposed, the question is on the engrossment and third reading of the bill. The amendment was ordered to be en- grossed, and the bill to be read a third time. The bill (H.R. 4170) was read the third time and passed. Mr. SPARK1VIAN. Mr. President, I move that the Senate reconsider the vote by which the bill was passed. Mr. SCOTT. I move to lay that mo- tion on the table. The motion to lay on the table was agreed to. . LIBRARY OF CONGRESS JAMES MADISON MEMORIAL BUILDING Mr. MANSFIELD. Mr. President, I ask unanimous consent that the Senate proceed to the consideration of Calendar No. 623, Senate Joint Resolution 69. The VICE PRESIDENT. The joint resolution will be stated by title. The LEGISLATIVE CLERK. A resolution (S.J. Res. 69) to authorize the Architect of the Capitol to construct the third Library of Congress building in square 732 in the District of Columbia, to be named the "James Madison Memorial Building" and to contain a Madison Me- morial Hall, and for other purposes. The VICE PRESIDENT. Is there ob- jection to the request of the Senator from Montana? There being no objection, the Senate proceeded to consider the joint resolu- tion which had been reported from the Committee on Public Works with amend- ments on page 3, at the beginning of line 4, to strike out "Architect of the Capitol" and insert "Administrator of General Services, in accordance with 41 U.S.C. 252(c) , and"; on page 4, line 4, after the word "the" to insert "Library of Con- gress"; in line 6, after the word "the", to strike out "Architect of the Capitol" and insert "Administrator"; in line 16, after the word "the", where it appears the first time, to strike out "Architect of the Capitol" and insert "Administrator"; in line 18, after the word "Library", to insert "and after consultation with the Architect of the Capitol"; on page 5, line 3, after the word "The", to strike out "Architect of the Capitol" and insert "Administrator of General Services"; in line 9, after the word "to", to strike out "carry out the purpose of" and insert "Prepare plans and specifications for the building under"; and, at the beginning of line 16, to strike out "carry out the pur- poses of" and insert "prepare plans and specifications for the building under"; so as to make the joint resolution read: Resolved by the Senate and House of Representatives of the United States of Amer- ica in Congress assembled, That (a) notwith- standing any other provisions of law, the Ad- ministrator of General Services, in accord- mice with 41 U.S.C. 262(c), and under the direction jointly of the House Office Build- ing Commission and the Joint Committee on the Library, is authorized and directed to construct in square 732 in the District of Columbia a third Library of Congress fire- proof building, which shall be known as the Library of Congress James Madison Me- morial Building. Such building shall be con- structed in accordance with plans to be pre- pared by the Administrator, under the di- rection jointly of the House Office Building Commission anti the Joint Committee on the Library and in consultation .with the Library of Congress. The design of such building shall include a Madison Memorial Hall and shall be in keeping with the prevailing archi- tecture of the Federal buildings on Capitol Hill. The Madison Memorial Hall shall be developed in consultation with the James Madison Memorial Commission. (b) In carrying out his authority under this joint resolution, the Administrator, un- der the direction jointly of the House Office Building Commission and the Joint Com- mittee on the Library, and after consulta- tion with the Architect of the Capitol is au- thorized (1) to provide for such equipment, such connections with the Capitol Power Plant and other utilities, such access facili- ties over or under public streets, such changes in the present Library of Congress buildings, such changes in or additions to the present tunnels, and such other appurtenant facili- ties, as may be necessary, and (2) to do such landscaping as may be necessary by reason of the construction authorized by this joint resolution. SEC. 2. The Administrator of General Serv- ices, under the direction Jointly of the House Office Building Commission and the Joint Committee on the Library, is authorized to enter into contracts and to make such other expenditures, including expenditures for per- sonal and other services, not to exceed $500,- 000, as may be necessary to prepare plans and specifications for the building under this joint resolution. SEC. 3. The structural and mechanical care of such building and the care of the sur- rounding grounds shall be under the Archi- tect of the Capitol. SEC. 4. There are hereby authorized to be appropriated such sums, not to exceed $500,- 000, as may be necessary to prepare plans and specifications for the builidng under this joint resolution. Mr. COOPER. Mr. President, I voted against reporting Senate Joint Resolu- tion 69, the measure to authorize the construction of a third Library building for the Library of Congress, and to pro- vide the sum of $500,000 for planning and designing the James Madison Me- morial Building. I shall vote against the passage of the joint resolution today. I did not vote against the measure be- cause I thought the Library unneeded, as the witnesses heard by the Subcommit- tee on Buildings and Grounds of the Committee on Public Works, among them Dr. Quincy Mumford, the Librarian, made a strong case for an addition to the Congressional Library. I voted against reporting the measure, and shall vote against it in the Senate, in order to express my view that the time has come for establishing a com- prehensive plan for the future develop- ment of the area adjacent to the Capitol of the United States. In past years, there has been a great deal of criticism of Government build- ings erected in the area, directed to their location, cost, and architectural quali- ties. Among these buildings, I mention the New Senate Office Building and the Rayburn Building. There has been crit- icism also of the destruction of private residences in the area, which might con- ceivably have been preserved as con- tributing to the historical atmosphere of the area. And, as a member of the Sen- ate Committee on Public Works, I know that proposals are being constantly made for the acquisition of property in the area for the use of Government agen- cies or for the future use of Congress, the Supreme Court, and other Federal agencies. At this point, I state that I have my- self introduced a resolution to acquire property for the future use of the Su- preme Court. I point out also that there is no hindrance to the construction by private interests of buildings which could be out of harmony with the architecture and activities of the area. Last year, when the Congress author- ized the construction of the center leg of the Inner Loop, requiring a tunnel underneath the Capitol Grounds, I op- posed its construction both in commit- tee and on the Senate floor. I did so be- cause the hearings indicated that the thorough consideration had not been given to its cost, its effect upon resi- dential and business properties not lo- cated on the Capitol Grounds, and its effect on the existing Capitol landscape. Although there was substantial support for my amendment, it was defeated. The criticism of the policy?or lack of policy, to be more accurate?regarding the construction of buildings on the Capitol Grounds or adjacent to the Capi- tol Grounds has been widespread. The bill as amended by the Senate Pub- lic Works Committee authorizes not to exceed $500,000 to prepare plans and specifications for the building. While the cost is not known, there are estimates that it may reach $80 million and some have informed me that it could reach $100 million. The cost factor alone indi- cates that great care ought to be taken with respect to its location and in the selection of cualified architects. I as- sume from the wording of the bill that the Administrator of the General Serv- ices Administration would have the au- thority to make preliminary plans and specifications and to engage an architect, and that the authority given the General Services Administrator in subsection (b) with respect to changes in the present Library of Congress buildings, power, and access facilities, additions to the present tunnels, landscaping, and other pertinent facilities, under the $500,000 authoriza- tion could go so far as to bind an archi- tect in plans that he thought best for the building and the area. I understand further that the House Office Building Committee makes its rec- ommendations concerning the use of lands that have been acquired by the Government. It is my understanding that it has not yet approved the use of square 732 and the construction of the James Madison Memorial Building. I have understood that, to this time, at least, the proposal has been rejected. If the committee does not recommend square 732 and this resolution were to be authorized by Congress, the General Services Administration would find it necessary to locate and acquire, with the Approved For Release 2007/03/06 : CIA-RDP671300446R000600100050-0 Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 21426 CONGRESSIONAL RECORD ? SENATE August 30, 1965 approval of the two Committees on Pub- lic Works, additional property in the area. I speak of the above to emphasize that I believe the time has come for the estab- lishment of a commission to plan an or- derly way for the future needs of the Congress and other Government agencies on the lands in the Capitol Hill area now owned by the Federal Government or which should be acquired, taking into consideration cost, location of buildings, and certainly their design, to preserve the architectural harmony of the area and maintain the dominance of the Capitol. I propose that the Congress should au- thorize a commission named by the Presi- dent to undertake this important task. It should include Members of the House and Senate and, most important, mem- bers from private life, great architects and experts whose plans would insure the utility and the beauty of the Capitol area. The PRESIDING O1ee10ER (Mrs. NEUBERGER in the chair). The Senator from West Virginia is recognized. Mr. RANDOLPH. Madam President, I rise to support Senate Joint Resolution 69. I do so because It was My privilege and responsibility, at a prior session of Congress, to conduct hearings on a meas- ure presented by the Senator from Flor- ida [Mr. HOLLAND]. joined in sponsor- ship by the Senator from Virginia [Mr. ROBERTSON], the Senator from Kansas [Mr. CARLSON], and the Senator from Utah [Mr. BENNETT]. I congratulate the capable chairman cf the Subcommittee on Public Build- ings and Grounds [Mr. YOUNG of Ohio] for the thoroughness with which the subject matter has been heard during the first session of the 89th Congress. Our distinguished chairman of the full Committee on Public Works has also riven this measure his close attention as have other members of the committee. It is important that we proceed with a project of this type, based on the testi- mony which has been presented in the subcommittee hearings, and the careful consideration which has been given to lhe measure in the full Committee on Public Works. I commend the Senator from Florida !Mr. HOLLAND] and those who have joined wih him in presenting this meas- ure to our attention, and for the leader- ;hip which he has provided in this me- morializing one of the great founders of this Republic. I join the Senator from Kentucky [Mr. COOPER], a very able member of the Committee on Public Works, in reference In the need for a planned program for the Greater Capital area. I have legis- lation which is pending on that subject. There have been hearings, which I hope will lead to further committee and con- gressional action in an orderly fashion. hut the measure I introduced was never intended to delay action or deviate from a program which can come into being at an early date with the construction of a taird Library building honoring former F resident Madison. I agree with the Senator from Ohio I Mr. YouNel that we gave due consider- ation to this subject. I hope. because of the duties and needs of the Library, this measure will be passed this after- noon. It is particularly appropriate that the Congress and the American people pay tribute to James Madison in this fashion. For as the chief architect of the Bill of Rights. James Madison made an endur- ing and immeasurable contribution to the life of the mind. It is fitting that his monument in the Capitol will be one of the great repositories of the works of the free and creative mind of man. Mr. CARLSON. Madam President. I am not a member of the Public Works Committee. Therefore. I have not had an opportunity to hear recent testimony regarding the need for an additional building, but 2 years ago I was, and I still am. a member of the committee con- sidering the matter. Personally I am convinced that we must have additional space for the Library to carry on its work. There may be a division of opinion RS to where it should be located, but this is ground we own. It will be accessible to our present Library. It is not only time we have the matter before us, but I hope we can take action on it. Mr. RANDOLPH. I concur in the re- marks of the Senator from Kansas on this matter. Mr. HOLLAND. Madam President, the land is available. The land is cleared. The land is immediately across from the principal building of the Library of Con- gress. It is planned to be joined by an underground passage. The land is imit- able for a building which will have two or more stories underground with hu- midity and temperature controls for safe- keeping of the papers of former Presi- dents, some of which are not in good condition, and some of which are in dis- array. James Madison was the principal ar- chitect of the Constitution. He wrote more, with the possible exception of Thomas Jefferson, than any other great scholar we have had about our form of government. He served later as a Mem- ber of the Hou-se, then as a member of the Cabinet, and served as President foe 8 years. He was a great student and scholar. Here it is proposed to have a building to pay tribute to one of our great Presi- dents? Mr. ROBERTSON. Madam President, will the Senator yield? Mr. HOLLAND. I do not have the floor, but I shall be glad to yield in a moment to the Senator from Virginia. from whose great Commonwealth Madi- son came. T was informed by three outstanding groups of scholars, mainly university professors, writers, and the like, of the difficulties in having access?I do not mean access as such, but access so they could readily get the historical papers of Presidents which are so necessary to be viewed and studied concerning the early days of our country so they can be written about. They told me that the papers are in disarray. Many papers have been, at least temporarily, mis- placed. It is necessary for us to safe- guard these precious emblems of our early days in our struggle for a truly free form of government. Along with the distinguished Senator from Kansas [Mr. CARLsoN], the distin- guished Senator from Utah [Mr. BEN- NETT], and above all the distinguished Senator from the Commonwealth of Virginia [Mr. ROBERTSON], we have been serving on a commission, by appoint- ment of an earlier Vice President, for some 6 years. There has been one frustration after another. We had the matter worked out pretty well when the death of the former dis- tinguished Speaker of the House, Mr. Rayburn occurred. He was lending his office and his influence to using this piece of land, which is adjoining the old, first House Office Building for the additional Library of Congress Building. Later, we had the strong support of the present Speaker. It now has the sup- port of the building committee of the House of Representatives, the House Office Building Commission, headed by the Speaker, and the Joint Committee on the Library, headed by my distinguished junior colleague from North Carolina [Mr. JORDAN]. Mr. RANDOLPH. Who is one of the cosponsors of the joint resolution. Mr. HOLLAND. Who is one of the cosponsors of the joint resolution. We are anxious to get it underway. So far as its usefulness is concerned, It will be added to the Library of Con- gress, where literally they are being pushed out of their present buildings by the accumulation of books and papers, with only one floor used for this pur- pose. It is a worthwhile purpose. I hope the Senate will see fit to pass the joint resolution. I thank the Senator from Ohio and the Senator from West Virginia and other Senators for the sustenance they have given me in this effort. Particularly do I express appreciation of the fact that the Senator from Ohio has been able to bring the bill before us at this time. Mr. ROBERTSON. Madam President, will the Senator yield? Mr. YOUNG of Ohio. I yield to the Senator from Virginia. Mr. ROBERTSON. Madam President, I wish to associate myself with the re- marks the Senator from Florida has made, both as to Madison and the need for this library building. Physically, Madison was perhaps the smallest man to serve as President. Men- tally, he was a giant. The Senator from Florida is correct when he says he can justly be praised as the architect of the Constitution, I be- lieve he did more than any one man, both at the Philadelphia Convention and later, with Hamilton and Jay, in the Fed- eralist Papers, in that effort. He is the only man who made stenographic notes of what went on. Without those notes, no one could have remembered all that occurred. As to the need for the additional Library of Congress building, no one is against it. It has been needed for years. Some reference was made to possibly using that ground for an additional House Office Building. I served in the House. The House with its 435 Members is not very wieldy. If the numbers are in- Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 September 1, /965APProved Eff4Lefetssse/Wp3iikai5RDIfft3M446R000600100050-0 The Clerk read as follows: Amendment offered by Mr. CLEVELAND: On page 27, line 1, insert "(1)" immediately after "(B)", and after line 3, insert the following: (2) Section 741 of such Act is further amended (A) by rodesignating subsections "(f)", "(g)", and "(h)" thereof as subsec- tions "(g)", "(h)", and "(1)", respectively, and (B) by adding immediately after sub- section (e) thereof the following new sub, section: "(f) Where any person who obtained one or more loans from a loan fund established under this part? "(1) engages in the practice of medicine, dentistry, or osteopathy in an area in a State determined by the appropriate State health authority to have a shortage of and need for physicians or dentists; and "(2) the appropriate State health author- ity certifies to the Secretary of Health. Education, and Welfare in such form and at such times as the Secretary may prescribe that such practice helps to meet the shortage of and need for physicians or dentists in the area where the practice occurs; then 10 per centum of the total of such loans, plus accrued interest on such amount, which are unpaid as of the date that such practice begins, shall be canceled thereafter for each year of such practice, up to a total of 50 per centum of such total, plus accrued interest thereon." Mr. CLEVELAND (interrupting the reading) . Madam Chairman, I ask unanimous consent that further read- ing of the amendment may be dispensed with and that it may be printed in the RECORD. The CHAIRMAN. Is there objection to the request of the gentleman from New Hampshire? There was no objection. Mr. CLEVELAND. Madam Chairman, the amendment can be explained simply, as follows: The amendment would per- mit doctors under certain circumstances, who go to rural areas where there is a shortage of doctors, to have up to half of their student loans excused. This measure is no stranger to the committee. I understand it was in the bill which was reported in 1963. This proposal has been passed by the Senate. Senator COTTON and other Sen- ators have introduced such legislation, and it has passed the Senate. I might go a step further. I hope the distinguished chairman, the gentleman from Arkansas, will agree to this amend- ment, because he thinks so highly of it and thought so highly of his former col- league and good friend, Senator COTTON, that he brought this very amendment in the form of a separate bill to the floor of the House last year. He did so at my request and at the request of the dis- tinguished gentleman from Illinois [Mr. SPRINGER] who with me had introduced the bill in the House. To my great dis- comfort, and I am sure to his discomfort, and through a misunderstanding the bill was voted down last year. Now that the distinguished chairman is leaving these hallowed halls for the judiciary, it seems to me only appro- priate that as one of his final "judicial" acts here he should agree to this amend- ment, and this body, should adopt my amendment out of respect to the chair- man, We should right the wrong which occurred last year when this bill got waylaid in jurisdictional disputes with our distinguished educators and was voted down. We talk a great deal about the needs of rural America. Across a broad spec- trum of the legislative panorama we are moving to help rural America. Here is a small way in which we can help rural America, by encouraging young doctors and dentists to start out their practice there and, hopefully, stay for the rest of their practice in rural Amer- ica. This is a simple matter and easy to explain and will certainly put the stamp of congressional approval on the fact that we would like to encourage some of these doctors to go out and prac- tice in rural America where the need is so obvious and so great. This matter has been approved by the committee on two separate occasions. It was ap- proved once by the Senate, and the Sen- ate bill, which passed the Senate, has now been referred to the committee. I am waiting for the distinguished chair- man of the committee to stand up and say he is going to accept this amend- ment. I feel confident he is going to, so I will not waste any more of your time. Mr. HARRIS. Madam Chairman, will the gentleman yield? Mr. CLEVELAND. I yield to the dis- tinguished chairman. Mr. HARRIS. I thank the gentleman for his very generous and kind remarks. May I ask him if this is precisely the bill that the committee reported out during the last Congress and which was consid- ered here on the floor of the House and which lost by a few votes? Mr. CLEVELAND. This is exactly the same language. Mr. HARRIS. I have no objection to the amendment. Mr. CLEVELAND. I thank the gen- tleman. I know he is going to have a long and illustrious career on the bench, and I hope some day to have the pleas- ure of seeing him there. Mr. SPRINGER. Madam Chairman, will the gentleman yield? Mr. CLEVELAND. I yield to the gen- tleman from Illinois. Mr. SPRINGER. May I say for the benefit of all my other colleagues that at one time last year I had this provi- sion in the bill and withdrew it in order to get the bill through the House. May I say at least two gentlemen I know of on that side have introduced similar leg- islation at various times. Those of us who have lived In rural areas and where there is a shortage of doctors I know be- lieve it would be a distinct help in get- ting doctors there. Therefore I do sup- port the gentleman's amendment. The CHAIRMAN. The question is on the amendment offered by the gentleman from New Hampshire [Mr. CLEVELAND]. The amendment was agreed to. The CHAIRMAN. The question is on the committee amendment as amended. The committee amendment as amend- ed was agreed to. The CHAIRMAN. Under the rule, the Committee rises. Accordingly, the Committee rose; and the Speaker having resumed the chair, Mrs. GRIFFITHS, Chairman of the Com- mittee of the Whole House on the State 21655 of the Union, reported that that Com- mittee, having had under consideration the bill (H.R. 3141) to amend the Public Health Service Act to improve the edu- cational quality of schools of medicine, dentistry, and osteopathy, to authorize grants under that act to such schools for the awarding of scholarships to needy students, and to extend expiring provi- sions of that act for student loans and for aid in construction of teaching facili- ties for students in such schools and schools for other health professions, and for other purposes pursuant to House Resolution 535, she reported the bill back to the House with an amendment adopted by the Committee of the Whole. The SPEAKER. Under the rule, the previous question is ordered. The question is on the amendment. The amendment was agreed to. The SPEAKER. The question is on the engrossment and third reading of the bill. The bill was ordered to be engrossed and read a third time, and was read the third time. The SPEAKER. The question is on passage of the bill. The question was taken. Mr. SPRINGER. Mr. Speaker, I ob- ject to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present. The SPEAKER. Evidently a quorum is not present. The Doorkeeper will close the doors, the Sergeant at Arms will notify absent Members, and the Clerk will call the roll. ? The question was taken; and there were?yeas 340, nays 47, not voting 45, as follows: [Roll No. 257] YEAS-340 Adair Callan Ellsworth Adams Cameron Erlenborn Addabbo Carey Evans, Colo. Albert Carter Everett Anderson, Casey Fallon Tenn. Celler Farbstein Andrews, Chamberlain Farnsley Glenn Chelf Farnum Andrews, Clark Fascell N. Dak. Clausen, Fino Annunzio Don H. Fisher Arends Cleveland Flood Ashley Clevenger Flynt Ashmore Cohelan Fogarty Aspinall Conable Foley Ayres Conte Fountain Baldwin Cooley Fraser Bandstra Corbett Frelinghuysen Barrett Cramer Friedel Battin Culver Fulton, Pa. Beckworth Cunningham Fulton, Tenn. Bell Curtin Fuqua Bennett Curtis Gallagher Berry Daddario Garmatz Betts Dague Gathings Bingham Daniels Gettys Blatnik Davis, Ga. Giaimo Boggs Dawson Gibbons Boland de la Garza Gilbert Bolling Delaney Gilligan Bow Dent Gonzalez Brademas Denton Grabowski Bray Dickinson Gray Brooks Diggs Green, Oreg. Broomfield Donohue Green, Pa. Brown, Calif. Dorn Greigg Broyhill, N.C. Dow Grider Broyhill, Va. Dowdy Griffin Burke Downing Griffiths Burleson Dulski Grover Burton, Calif. Duncan, Oreg. ?Oubser Burton, Utah Dwyer Gurney Byrne, Pa. Dyal Hagan, Ga. Cabell Edmondson Hagen, Calif. Cahill Edwards, Calif. Haley Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 21656 Approved For ReLlearaggalniCht9E67BOWN00600100050 0 3e73tember 1, 1965 Halieck Hamilton Hanley Hanna Hansen, Iowa Hansen, Wash. Hardy Harris Harsha I iarvey, Ind. Harvey. Mich. Hathaway Hawkins Hechler Helstoski Henderson Herlong Hicks HolifleId ilolland Horton Roamer Howard Huot Iehord Irwin Jacobs Jarman Jennings JoeIson Johnson, Calif. Johnson, Okla. Johnson, Pa. Jonas Jones, Ala. Karsten Karth Kastenmeier Keith Kelly Keogh King, Calif. King, Utah Kirwan Kluczynski Krebs Kunkel Langan atta Leggett Lennon Long, Md. Love McCarthy McCulloch McDade McDowell McFall McGrath McMillan McVicker Macdonald MacGregor Machen Mackay Mackie Madden Mahon Maiillard Abbitt Ashbrook Belcher Bolton Brock Buchanan Byrnes, Wis. Callaway cederberg Clancy Colmer Lipscomb Davis, Wis. McClory Derwinski Marsh Dole Martin. Ala. Duncan. Tenn. Michel Edwards, Ala. Minshall Martin, Nebr. Roush Matsunaga Roybai May Rumerfeld Meeds Ryan Mills Miniah Mink Mize Moeller Monagan Moore Moorhead Morgan Morris Morrison Morton Moss Multer Murphy, Ill. Murphy, N.Y. Murray Natcher Nedzi Nelsen Nix O'Brien O'Hara, ni. O'Hara, Mich. O'Konski Olsen, Mont. Olson, Minn. O'Neill, Mass. Ottinger Patman Patten Pelly Pepper Perkins Philbin Pickle Pike Phalle Poage Pool Powell Price Purcell Quie Race Randall Redlin Reid, N.Y. Reifel Reinecke Reuss Rhodes, Ariz. Satterfield St Germain St. Onge Seheuer Schmidhatuter Schneebell Schwelker Scott Secrest Selden Semler Shipley Shriver Sickles Sikes Sisk Slack Smith, Iowa Smith, N.Y. Smith, Va. Springer Stafford Staggers Stalbaum Stanton Steed Stephens Stratton Stubblefield Sullivan Sweeney Talcott Taylor Teague, Tex. Tenzer Thompson. Tex. Thomson. Wis. Todd Trimble Tnnney Tuten Udall Van Deerlin Vanik Vigorito Vivian Walker, N. Mex. Watkins Watts Weltner Whalley White. Idaho Rhodes. Ps. White, Tex. Rivers, Alaska Whitener Roberts Whitten Robison Wldnall Rodin? Wilson. Rogers, Colo. Charles H. Rogers. Fla. Wolff Rogers, Tex. Wright Ronan Wyatt Rooney, N.Y. Wydier Rooney, Pa. Yates Rosenthal Young Rostenkowski Younger Roudebush Zablocki NAYS-47 Findley Ford, Gerald R Goodell Gross Hall Hansen, Idaho Hutchinson Jones, Mo. King. N.Y. Laird O'Neal. Ga. . Passman Par Quillen Reid, Ill. Skubitz Smith, Calif. Teague, Calif. Tuck Ott Waggonner Walker, Mine. Wataon Williams Wilson. Bob NOT VOTING-- Abernethy Ford, Anderson, III William D. andrews. Halpern ieorge W. Hays Haring Hebert Bates Hungate Bonner Kee Clawson, Del Kornegay Collier Landrum Conyers Lindsay Corman Long, La. Craley McEwen Devine Martin, Maas. Dingell Mathias Reins. Tenn. Matthews Feighan Miller 45 Morse Mosher Pucinskl Resnick Rivers, B.C. Roncalio Roosevelt Saylor Schisler Thomas Thompson, NJ. Toll Tupper Ullman Willis So the bill was passed. The Clerk announced the following pairs: Mr. Miller with Mr. Hebert. Mr. Feighan with Mr. Long Of Louisiana. Mr. Roncallo with Mr. Tupper. Mr. Toll with Mr. Saylor. Mr. Thompson of New Jersey with Mr. Morse. Mr. Matthews with Mr. Martin of Massa- chusetts. Mr. Dingell with Mr. Anderson of Illinois. Mr. Kee with Mr. Masher. Mr. Nornegay with Mr. Collier. Mr. Hays with Mr. Devine. Mr. George W. Andrews with Mr. Del Clawson. Mr. Schisler with Mr. Halpern. Mr. Pucinski wth Mr. Roosevelt. Mr. Corman with Mr. Conyers. Mr. Baring with Mr. Craley. Mr. Abernethy with Mr. Resnick. Mr. Eying of Tennessee with Mr. Rivers of South Carolina. Mr. Landrum with Mr. Bonner. Mr. Ullman with Mr. Mathias. Mr. William D. Ford with Mr. Bates. Mr. Willis with Mr. McEwen. Mr. Hungate with Mr. Lindsay. Mr. MORTON changed his vote from "nay" to "yea." Messrs. HANSEN of Idaho, DOLE, and sKuBrrz changed their votes from "yea" to "nay." The result of the vote was announced as above recorded. The doors were opened. A motion to reconsider WaS laid on the table. RESIGNATION FROM COMMI ON GOVERNMENT OPERATIONS The SPEAKER laid before the House the following resignation from a com- mittee: CoNciarss OF THE UNIT= STATES, HOUSE OF REPRIMENTATIVES, Washington. D.C., September 1, 1985. Hon. JOHN W. MCCORMACK. Speaker of the Nouse. Nouse of Representa- tives, Washington, D.C. DEAR Mn. SPEAKER: It Is with regret that I submit my resignation as a member of the Committee on Government Operations, ef- fective this date. It has been a privilege and an honor for me to work with the many fine members of this committee during the 89th Congress. My association and participation in the de- liberations of this group will remain a pleas- ant and rewarding experience. Sincerely yours, DELBERT L. LATTA. Representative to Congress. The SPEAKER. Without objection, the resignation will be accepted. There was no objection. GENERAL LEAVE TO EXTEND Mr. HARRIS. Mr. Speaker, I ask unanimous consent that all Members who may desire to do so have 5 legislative days in which to revise and extend their remarks on the bill just. passed. HR. 3141. The SPEAKER. Is there objection to the request of the gentleman from Ar- kansas? There was no objection. INTERNATIONAL WHEAT AGREEMENT Mr. SISK, from the Committee on Rules, reported the following privileged resolution (H. Res. 561, Rept. No. 945), which was referred to the House Calen- dar and ordered to be printed: H. Rms. 561 Resolved, That upon the adoption of this resolution it shall be in order to move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of the bill (S. 2294) to amend section 2 of the Interna- tional Wheat Agreement Act of 1949. After general debate, which shall be confined to the bill and shall continue not to exceed one hour, to be equally divided and controlled by the chairman and ranking minority member of the Com,mittee on Banking and Currency, the bill shall be read for amendment under the five-minute rule. At the conclusion of the consideration of the bill for amendment, the Committee shall rise and report the bill to the House with such amendments as may have been adopted and the previous question shall be considered as ordered on the bill and amendments thereto to final passage without Intervening motion except one motion to re- commit. UNI1 .E.,L) NATIONS PARTICIPATION ACI' Mr. SISK, from the Committee on Rules, reported the following privileged resolution (H. Res. 562, Rept. No. 946), which was referred to the House Cal- endar and ordered to be printed: H. RES. 562 Resolved, That upon the adoption of this resolution it shall be in order to move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of the bill (S. 1903) to amend the United Nations Participation Act, as amended (63 Stat. 734-736). After gen- eral debate, which shall be confined to the bill and shall continue not to exceed one hour, to be equally divided and controlled by the chairman and ranking minority mem- ber of the Committee on Foreign Affairs, the bill shall be read for amendment under the five-minute rule. At the conclusion of the consideration of the bill for amendment, the Committee shall rise and report the bill to the House with such amendments as may have been adopted, and the previous ques- tion shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one mo- tion to recommit.. TO AMEND THE FOR SERVICE ACT OF 1946, AS AM/ENDED Mr. SISK, from the Committee on Rules, reported the following privileged resolution (H. Res. 563, Rept. No. 947), which was referred to the House Calen- dar and ordered to be printed: H. RES. 563 Resolved. That upon the adoption of this resolution it shall be in order to move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of the bill (HR. 6277) to amend the Foreign Service Act of 1946, as amended, and for other purposes. After gen- eral debate, which shall be confined to the bill and shall continue not to exceed two hours, to be equally divided and controlled by the chairman and ranking minority mem- ber of the Committee on Foreign Affairs, the bill shall be read for amendment under the five-minute rule. As the conclusion of the consideration of the bill for amendment, the Committee shall rise and report the bill to the House with such amendments as may have been adopted, and the previous ques- tion sha'l be considered as ordered on the Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 September 1, 19Approve1 Fe6edityMET/R?cEM.D_Pfgegf46R000600100050-0 21657 bill and amendments thereto to final passage without intervening motion except one motion to recommit. CORRECTION OF THE RECORD Mr. HALL. Mr. Speaker, I ask unani- mous consent that my statement printed on page 21300 of the CONGRESSIONAL RECORD be printed in the permanent RECORD to follow the substitute amend- ment offered by the gentleman from New Jersey [Mr. FRELINGHUYSEN]. The SPEAKER. Is there objection to the request of the gentleman from Missouri? /There was no objection. CORRECTION OF ROLLCALL Mr. ASHLEY. Mr. Speaker, on roll- call No. 253 I am not recorded. I was present and voted "yea." I ask unani- mous consent that the permanent REC- ORD and Journal be corrected accord- ingly. The SPEAKER. Without objection, it is so ordered. There was no objection. STATE TECHNICAL SERVICES ACT OF 1965 Mr. DELANEY. Mr. Speaker, by di- rection of the Committee on Rules, I call up House Resolution 548 and ask for its immediate consideration. The Clerk read as follows: H. RES. 548 Resolved, That upon the adoption of this resolution it shall be in order to move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of the bill (H.R. 3420) to promote economic growth by supporting State and regional centers to place the find-. Ings of science usefully in the hands of American enterprise. After general debate, which shall be confined to the bill and shall continue not to exceed two hours, to be equally divided and controlled by the chair- man and ranking minority member of the Committee on Interstate and Foreign Com- merce, the bill shall be read for amendent under the five-minute rule. It shall be in order to consider the substitute amendment recommended by the Committee on Inter- state and Foreign Commerce now in the bill and such substitute for the purpose of amendment shall be considered under the five-minute rule as an original bill. At the conclusion of such consideration the Com- mittee shall rise and report the bill to the House with such amendments as may have been adopted, and any member may demand a separate vote in the House on any of the amendments adopted in the Committee of the Whole to the bill or committee substi- tute. The previous question shall be con- sidered as ordered on the bill and amend- ments thereto to final passage without in- tervening motion except one motion to re- commit with or without instructions. Mr. DELANEY. Mr. Speaker, I yield 30 minutes to the gentleman from Nebraska [Mr. MARTIN] and pending that yield myself such time as I may consume. Mr. Speaker, House Resolution 548 provides for consideration of H.R. 3420, a bill to promote economic growth by sup- porting State and regional centers to place the findings of science usefully in the hands of American enterprise. The resolution provides an open rule with 2 hours of general debate, making it in order to consider the committee substi- tute as an original bill for the purpose of amendment. H.R. 3420 would authorize a 3-year program of matching Federal grants to the States in a cooperative effort to dis- seminate the findings of science and technology throughout American busi- ness, commerce, and industry. The purpose of the proposed legislation is to speed industrial and economic growth of the States and the country through an improved application of technical and scientific knowledge. The achievement of an improved application of technical and scientific knowledge under this pro- gram and with the cooperation of uni- versities, communities, and industries will to three objectives: First, strength- ening the Nation's economy by upgrading industries through the utilization of ad- vanced technology, thereby generally expanding the industrial base; second, Increasing employment by facilitating Industrial use of technology and the manufacturing of new products which result; and third, enhancing the com- petitive position of U.S. products in world markets. The emphasis of the proposed legisla- tion is on State participation in technical services programs, planned locally, and designed specifically to place findings of science and technology into the hands of local businesses and industries. Mr. Speaker, I urge the adoption of House Resolution 548. Mr. MARTIN of Nebraska. Mr. Speaker, I yield myself such time as I may consume. (Mr. MARTIN of Nebraska asked and was given permission to revise and ex- tend his remarks.) Mr. MARTIN of Nebraska. Mr. Speaker, as the able gentleman from New York has explained, House Resolu- tion 548 provides for the consideration of H.R. 3420 under an open rule with 2 hours of debate. The committee sub- stitute is made in order as an original bill for the purpose of amendment under the rule. ' Mr. Speaker, none can quarrel with the stated purpose of H.R. 3420, to make available, essentially to small businesses, commerce, and industry, applied techni- cal and scientific knowledge. The re- ported bill authorizes a 3-year program of matching Federal grants to the States in a cooperative effort to strengthen our economy, increase employment, and im- prove our competitive position in world markets. To qualify for Federal matching funds a State must designate an agency respon- sible for the administration of its pro- gram. Such agency must then prepare a 5-year plan outlining how a technical services program could be used. The sum of $25,000 a year in Federal funds for the first 3 years on a nonmatching basis can be made available to any State to assist in the plan preparation. All qualified institutions of higher learning are to submit proposals for consideration of inclusion in the State plan, which is to outline a budget and assign responsi- bilities to schools participating. The Secretary of Commerce must approve submitted plans, based on reasonable criteria, and make funds available di- rectly to the States. He has authortiy to fix maximum amounts based on pop- ulation, industrial and economic develop- ment, and the technical resources and productive efficiency available within a State. He has informed the Committee an Interstate and Foreign Commerce that the smaller States may receive up to $150,000 annually and the largest up to $2 million. None can receive more. The program has a life of 3 years and authorizations for fiscal 1966 of $10 mil- lion, of $20 million for 1967, and of $30 million for 1968. Additional views are signed by seven Members. They approve the purpose of the bill and generally support it but are worried by the lack of matching funds in the planning stages of the program. They fear this may tend to place the States in a secondary position during-the planning period. They also believe that before the pro- gram moves to the implementation stage a more careful assessment of State and regional needs must be made, and pro- visions made for active participation and cooperation with Federal programs now in existence; that is, Commerce Clearing- house for Scientific and Technical Infor- mation and the Presidential Commission on Automation and Economic Progress among many, along with non-Federal efforts such as those of MIT and some 28 existing State university programs. The program must be extended or die after 3 years, giving Congress a chance to assess its value and correct any diffi- culties. Moneys must be appropriated each year and a ceiling is fixed. Mr. Speaker, I know of no opposition to the rule and urge its adoption. Mr. DELANEY. Mr. Speaker, I move the previous question on the resolution. The previous question was ordered. The SPEAKER. The question is on the resolution. The resolution was agreed to. IN THE COMMITTEE OF THE WHOLE Mr. HARRIS. Mr. Speaker, I move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of the bill (H.R. 3420) to promote eco- nomic growth by supporting State and regional centers to place the findings of science usefully in the hands of Ameri- can enterprise. The motion was agreed to. Accordingly, the House resolved itself Into the Committee of the Whole House on the State of the 'Union for the con- sideration of the bill H.R. 3420, with Mr. RODINO in the chair. The Clerk read the title of the bill. By unanimous consent, the first read- ing of the bill was dispensed with. Mr. HARRIS. Mr. Chairman, I yield myself such time as I may require. Mr. Chairman, I am very happy, with other members of the Committee on Interstate and Foreign Commerce, to bring this bill, H.R. 3420, to the atten- tion of the House, and to urge favorable consideration of it. In my judgment this is one of the most important bills that we have Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 21658 Approved For ReltakinfONNAEli-MEB20 brought to the House for its considera- tion. Our entire future, as well as our past. depends on the strength of the economy and the economic growth of our coun- try. This bill has for its purpose the strengthening of our economy, and it will give us opportunities for greater economic growth in order that we can improve under our system of free enter- prise. This bill was brought to us from the Department of Commerce. It is spon- sored by the administration; it is con- sidered to be one of the facets of our program to make a well-rounded ap- proach to the problems that we are daily encountering. The subcommittee held rather exten- sive hearings. The subcommittee was chaired by the gentleman from Massa- chusetts [Mr. MACDONALD] . The com- mittee did an excellent job with the hearings, and in working out the bill in order to make it the kind of a program we were told was desired. I think it would be fair to say that as the bill came to us it was rather loosely drawn. if I might use that term. We had some difficulties in analyzing it to determine just what would be ac- complished under it. But after a full explanation and development during the course of the hearings of the program to be implemented, the subcommittee then proceeded to work out a good, prac- tical, and sound bill to accomplish the purposes desired. I would like to compliment the sub- committee highly for the very fine work it has performed and for bringing to the Committee on Interstate and For- eign Commerce and thus to the House what I consider to be a very fine bill. At this time, Mr. Chairman, I would like to yield to the gentleman from Massachusetts [Mr. MACDONALD] . chair- man of the subcommittee who labored along with the other members of that committee and who did such a magnif- icent job in presenting here a program that I believe, after it is fully explained, will be overwhelmingly accepted by the House. Mr. Chairman, I now yield to the gentleman from Massachusetts [Mr. MACDONALD 1 15 minutes. (Mr. MACDONALD asked and was given permission to revise and extend his remarks.) Mr. MACDONALD. Mr. Chairman. H.R. 3420 which is now before the House for consideration is a broad and imagi- native program which can be used to promote economic growth and increase employment throughout the United States. In addition to these two vital purposes, the bill has as its third major goal the improvement of the competitive position of U.S. products throughout the world. As originally introduced, the bill called for the establishment of technical serv- ice programs whereby each State would have been able to organize programs pri- marily through land grant institutions and receive matching funds from the Federal Government without any fixed limitation as to the time such programs could run, and without any identified sum as a maximum authorization on the part of the Congress. The Subcommit- tee on Commerce and Finance and later the full House Committee on Interstate and Foreign Commerce, in public and executive sessions, took a very close and careful look at these and the other pro- visions of the bill as originally sponsored by the Department of Commerce and the administration. I believe, and my be- lief is supported by the report and the hearings on this bill, that the substitute amendment which I wholeheartedly en- dorse here today, is a much more desira- ble bill than the one which was originally introduced. The committee amendment should go a long way to meet the commendable purposes of the original bill, but it does not suffer from the failure to include limitations and reasonable controls which was a considerable problem when we first had the bill under committee consideration. Before outlining for you the manner in which we amended and tightened the original bill, let me first describe in some detail just how the State technical serv- ices programs will operate. A State which is to participate in the program will, through its Governor, designate an agency to administer the program. This agency may be a com- ponent of the State government or a State university, a land-grant college or any other appropriate agency. This designated agency will prepare a plan which will describe the technical and eco- nomic situation in the particular State. It will also describe the State's business and industrial problems and the means proposed to assist in the solution of such problems. The designated agency will prepare an annual technical services pro- gram which will cover the objectives for the first year. It will set up a budget and the responsibilities which are to be assigned to each qualified institution which is to participate in the program. The qualified institutions in turn are de- fined as those of higher learning with a program leading to a degree in science, engineering, or business administration. These schools must be accredited by a nationally recognized accrediting agency or association which will be listed by the U.S. Commissioner of Education. A second form of qualified institution is a State agency or a nonprofit institu- tion which meets criteria of competence established by the Secretary of Com- merce. Each State will have but one desig- nated agency. However, as you can see from the description which I have just given as to qualified institutions, each State may have many such institutions. Every qualified institution within a State must be Invited to submit a pro- posal for that State's technical services program. This does not mean, of course. that every qualified institution will be a participant but it does mean that each such institution can have a voice in the creation and execution of the State pro- grams. When the Governor of a State which has a program submits the annual pro- gram and the State's overall plan to the Secretary of Commerce, the Secretary 13gR0600100050-0 beptember 1, 1965 will be required to review the plan, and where it is found to comply with the regulations and criteria set by the Sec- retary and to otherwise accomplish the purposes of the act, the plan will be approved. Once in operation, there is a wide variety of technical services which might be offered by the various institutions par- ticipating in the program within a par- ticular State. For example, a program oriented to the needs and problems of a specific industry dominant in one State might offer workshops, seminars, and demonstrations in order to bring exist- ing technology to local business and in- dustry interests for use in plants within the State. A technology diasemination and referral center could offer two types of services: First, technical reports, ab- stracts, bibliographies, reviews, micro- film, computer tapes and the like; and second, referral to sources of scientific and engineering expertise in the fields of interest to the local industry. These ex- amples by no means exhaust the list of possible technical services that might be offered in any State program. The range of services can be as wide as the range of industrial and technological interests In this country. There is also a provision for programs which may be administered, coordinated, and executed by two or more States. Similar procedures for approval of these Interstate or multistate programs are provided for. Contrary to the request and arguments of the Department of Commerce we have cut the Federal authorization back from a 5-year program to a 3-year program. Section 10 now provides for $10 million for the first fical year, $20 million for the second fiscal year, and $30 million for the third fiscal year. The Department had sought a fourth and fifth year, each at a $40 million level. The Secretary of Commerce will be au- thorized to make an annual payment to each designated agency, participating institution, or person authorized to re- ceive payments in support of each ap- proved technical services program. Maximum amounts will be fixed, and population, business, commercial, indus- trial, and economic development, and productive efficiency, as well as the in- dividual State's technical resources will be used as criteria in the formulation of regulations. We have been advised by the Depart- ment and it is part of the report?page 23?that the least populous State may receive an annual amount up to $150,000, and that the most populous State will not receive an annual amount exceeding $2 million. From the total amounts available, there is a provision, section 10, which would allow the Secretary to re- serve up to 20 percent each year, and to make payments from this 20 percent reserve to any designated agency or par- ticipating institution for technical serv- ices programs which the Secretary deter- mines have special merit, or he may within the limits of this reserve, make payments to any qualified institution for additional program which the Secretary determines are necessary to accomplish the purposes of this act. Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 September 9, 1965 CONGRESSIONAL RECORD ? HOUSE 22369 The previous question was ordered. The conference report was agreed to. The SPEAKER. The Clerk will report the amendment in disagreement. The Clerk read as follows: Senate amendment No. 8: Page 7, line 13, insert the following: "GENERAL PROVISION "Sno. 201. The provisions of section 207 of the Department of Health, Education, and Welfare Appropriation Act, 1966, Public Law 89-156, shall apply to the items contained in this chapter." Mr. FOGARTY. Mr. Speaker, I offer a motion. The Clerk read as follows: Mr. FOGARTY moves that the House recede from its disagreement to the amendment of the Senate numbered 8 and concur therein. The motion was agreed to. A motion to reconsider the vote on the conference report and on the mo- tion to recede and concur in the Senate amendment was laid on the table. COMMITTEE ON PUBLIC WORKS Mr. WRIGHT. Mr. Speaker, I ask unanimous consent that the Committee on Public Works have until midnight tomorrow, September 10, to file the re- port on the bill S. 2300, the omnibus river and harbor and flood control bill of 1965. The SPEAKER. Is there objection to the request of the gentleman from Texas? There was no objection. CALL OF THE HOUSE Mr. HALL. Mr. Speaker, I make the point of order that a quorum is not present. The SPEAKER. Evidently a quorum is not present. Mr. ALBERT. Mr. Speaker, I move a call of the House. A call of the House was ordered. The Clerk called the roll, and the fol- lowing Members failed to answer to their names: Andrews, George W. Ashbrook Baring Berry Bolton Bonner Cameron Cederberg Chelf Clawson, Del Craley Culver Daddario Derwinski Dow Dulski Duncan, Farnsl Fish Flo. 41 .1 e0 na e [Roll No. 270] Fuqua Pirnie Gathings Powell Griffin Purcell Griffiths Reifel Hagan, Ga. Resnick Hanna Rhodes, Ariz. Hansen, Wash. Roncalio Harris Roosevelt Harsha Rumsfeld Hawkins Ryan Hebert Saylor Hungate Schmidhauser Jones, Mo. Sisk Kee Smith, Iowa Kornegay Smith, N.Y. L ndsay Thomas Long, Md. Toll cClory Utt athias Wilson, ay Charles H. urray ER. On this rollcall 371 answered to their names, quo u B a eedings th. mous consent, further nder the call were dis OREIGN SERVICE ACT AM ND- MENTS OF 1965 Mr. MADDEN. Mr. Speaker, by di- rection of the Committee on Rules, I call up House Resolution 563 and ask for its immediate consideration. The Clerk read the resolution as fol- lows: H. RES. 563 Resolved, That upon the adoption of this resolution it shall be in order to move that the House resolve itself into the Committee of the Whole House- on the State of the Union for the consideration of the bill (H.R. 6277) to amend the Foreign Service Act of 1946, as amended, and for other purposes. After general debate, which shall be confined to the bill and shall continue not to exceed two hours, to be equally divided and con- trolled by the chairman and ranking minor- ity member of the Committee on Foreign Affairs, the bill shall be read for amendment under the five-minute rule. At the conclu- sion of the consideration of the bill for amendment, the Committee shall rise and report the bill to the House with such amendments as may have been adopted, and the previous question sail be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit. (Mr. MADDEN asked and was given permission to revise and extend his remarks.) Mr. MADDEN. Mr. Speaker, House Resolution 563 provides an open rule with 2 hours of general debate for considera- tion of H.R. 6277, a bill to amend the Foreign Service Act of 1946, as amended, and for other purposes. The primary objective of H.R. 6277 is to facilitate the establishment of a sin- gle personnel system within each of the three agencies most actively engaged in foreign affairs?the Department of State, the U.S. Information Agency, and the Agency for International Development. It deliberately excludes all other depart- ments and agencies. These three agen- cies conduct their activities under two personnel systems?one operating under civil service laws and the other under the Foreign Service Act. The ground rules governing appointments, assignments, promotions, separation, and retirement are different for each system and, to some degree, for each of the agencies. The existence of dual personnel provi- sions denies the head of each agency the most effective use of the manpower and resources the Congress has voted him. This bill adds neither jobs nor person- nel to the payroll. More positions and more people will not solve administrative difficulties. This bill is based on the premise that voluntary transfer into the Foreign Service personnel system of those now employed under civil service provi- sions is the most equitable way to effect a transition from a dual to a single per- sonnel structure. It also permits the development of uniform personnel pol- icies among the three agencies while leaving to the heads of those agencies the management control of their own people. Thus it seeks uniformity with- out unification. In the sense that the bill enables officials to meet their en- larged and complex responsibilities with, greater efficiency and a maximum use of their manpower it may be regarded as an economy measure. H.R. 6277 also includes a small num- ber of amendments to the Foreign Serv- ice Act and to other laws that improve the conditions of service for those as- signed overseas. Mr. Speaker, I urge the adoption of House Resolution 563. Mr. SMITH of California. Mr. Speak- er, I yield myself as much time as I may require. Mr. BROYHILL of Virginia. Mr. Speaker, will the gentleman yield for a unanimous-consent request? Mr. SMITH of California. I yield to the gentleman from Virginia [Mr. BROY- HILL ] . (Mr. 13ROYHILL of Virginia asked and was given permission to proceed out of order.) Mr. BROYHILL of Virginia. Mr. Speaker, there is no subject that has been before the House of Representa- tives in recent years that has had as much coverage by the local press as the current home rule controversy. No sub- ject has been misrepresented as often by the local press as that subject. I have two recent examples here which ap- peared in the Washington Post. One is an article of September 8, referring to the report of the House District Com- mittee on this subject, wherein we re- ported that in addition to the Federal payment the Federal Government spends $176 million here for various grants and programs, including highway construc- tion. Here is what the Washington Post said, and I quote: What the report does not point out is highway construction money, impact school aid funds, urban renewal, civil defense, and other funds included in the total are part of Federal aid programs available to all qualifying jurisdictions in the country. In two places in our committee report we make reference to the fact that some of that money is similar to that which is granted in other communities of the Nation, but there is $72 million worth of programs peculiar to the District and which does not apply to similar pro- grams in other parts of the country. In fact, in exhibit I in the report, we ac- tually listed the expenditures, item for item, in two categories. How could a newspaper go so far to misrepresent the facts. Here is an editorial which appeared in the Washington Post yesterday where they said, in part, referring to the Fed- eral payment: The fear that this procedure will be an invitation to the city to tax the Federal Government is misplaced for two reasons. First, the Government would appraise its own property and the assessment would be entirely in Federal hands. That is completely a downright lie, be- cause the bill provides that the Director of the General Services Administration shall certify the District of Columbia Council's assessment of Federal prop- erty. It says nothing about their mak- ing any appraisal or assessment. Thus, the Federal Government would in no way be appraising its own property nor would the assessment be entirely in Fed- eral hands. This is typical of some of the lies the Post is putting out to misrepresent this problem and the pending legislation to the Members of the House of Repre- sentatives and to the public. Mr. Speaker, I should like to insert in the RECORD at this point a clipping from the Washington Post on the first matter Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 22370 CONGRESSIONAL RECORD ? HOUSE September 9, 1965 to which I referred and an extract from House report No. 957, which proves the type of misrepresentation about which all of us should be concerned: [From the Washington (D.0 ) Post, Sept. 8. 1965] In addition to the Federal payment, the Government spends $176 million here for Var1011.9 grants and programs including high- way construction. What the report does not point out Is that highway construction money, impact school aid funds, urban renewal, civil defense and other funds included In the total are part of Federal aid programs available to all qualifying jurisdictions in the country. The truth, extracted from House re- port No. 957: Exhibit No. I lists the expenditures of Fed- eral funds in the District of Columbia. exclu- sive of the annual Federal contributions to the District of Columbia general fund and to the city's water and sewer funds, for fiscal years 1964 and 1965. This compilation re- veals that such expenditures reached a total in excess of 6176 million in fiscal year 1965; further, while some of these payments are similar In nature to grants made to the various States, more than 672 million of this total was spent on programs and projects which are not duplicated in any other juris- diction. When this amount is added to the $40 million appropriated in 1965 to the Dis- trict of Columbia funds mentioned above, certainly there can be no justification for any allegation of "neglect" on the part of the Congress. EXHIBIT 1. FEDERAL EXPENDITURES IN THE DISTRICT or C.o.UMBIA Expenditures of Federal funds in the District of Columbia, exclusive of Federal payment of the District of Columbia general fund, fiscal years 1964 and 1965 Ile thousands of dollars1 1. rersiENTe ET rEDLEAL OW/ENNIO:ET To 05 loit THE no.TiticT IT (01.1:51511 Grants for redevelopment and renewal LH FA) 1.-rban renewal demonstration project (1111 FA) l`dass transportation demonstration project (1111 FA) Administrative expenses, District or Columbia Unemployment Compensation Board (Labor) Civil defense procurement (Doi)) i'ooperative vocational education allotments (HEW) Advances for disability determinations (HEW) Grants for services for maternal and child health, (Tippled children, and child welfare (HEW) Grants for programs In disease prevention, treatment, and control, mental health activities, and other public health work MEW) crant for demonstration project for counnunity mental limit!, centers (NI II) Grants under Social Security Act for aid to the disabled. dependent children, the Iliad, and for old-age assistance (HEW) t ;rants for manpower development and training activities (I [hit') National Defense Education loans and grants ill EA, Advances under vocational rehabilitation I/1VMM MEW) Advances for school lund) and milk programs (Agriculture) Federal-aid highway program (Commerce) Aid to federally impacted school districts ,rant to Neighborhood Youth Corps (Labor) Grants to juvenile delinquency control protram: To United Planning Organization (II SW) To model school program Wilke of EsNSIODIS: Opportunity) 1664 actual 1965 estimate 8. 008 is. 189 206 266 41 87 1,806 1,900 85 118 186 137 116 95 681 782 730 1.334 400 10,8181 10.2118 1147 514 124 Pal 621 696 7051 802 30,402 00,110 4, 100 2, 214 Ii. SERVICES PROVIDED BY THE EE0E581. OOVERNMENT IN THE DISTRIIT OP COLUMBIA THAT ARE ESSENTIALLY LOCAL IN NATURE. 325) 1.500 603 NCTA (approximately 75 percent of currently proposed transit system is In ti.e I )strict of Columbia) Freedmen's Hospital nrnin ission of Fine Arts (approximately SO percent of workload relates to the District of Columbia generated projects) !?)7:-.tional Capital Housing Authority N.otional Capital Planning Commission (approximately 25 percent of workload relates lathe 1)istrict of Columbia generated proleet.$) St. Flizabeths ilospital (dIfierenee between cost of service to tire Instrict of Columbia residents said amount reimbursed by the District of ('olutribl:.) George Washington University Hospital (construction) College Inward University Smithsonian Institution , U.S. National Park Service .expended in the I iistrict of Columbia only) Total t.rnid total Mi. 575 104? 150 750 575 X, 890 4,F 45 00 43 37 137 155 3.730 5,510 2.100 4,541 2, 260 15,184 11,653 43, 367 45.001 2,703 2,95(1 76.856 72.162 133.432 I 176,312 1rources: U.S. Bureau of the Budget, U.S. National Park Service, and United Pimining Organization. Mr. SMITH of California. Mr. Speak- er, I yield myself such time as I may use. (Mr. SMITH of California asked and was given permission to revise and ex- tend his remarks.) Mr. SMITH of California. Mr. Speak- r, as stated by the gentleman from Indiana [Mr. MADDEN], House Resolution 563 provides an open rule with 2 hours of general debate for the consideration of H.R. 6277, Foreign Service Act Amend- inents of 1965. Mr. Speaker, I listened to the ex- planation of the rule by the gentleman from Indiana. I concur and agree with the statements the gentleman made and associate myself with them. In addition, may I add the following information, Mr. Speaker. H.R. 6277 includes certain amend- ments which will improve conditions of service for those assigned overseas. These include continuation of medical services beyond the date of death or sepa- ration. A 120-day period of treatment for employees and their dependents is permitted from his death or separation. Annual and sick leave benefits are lib- eralized, and allowances of up to 50 per- cent of basic pay are made available to those serving in areas subject to hostile activity or physical danger. Mr. Speaker, this is, as I understand, an administration request. The com- mittee informs us that they spent a long time on the hearings and have added possibly as many as 75 amendments to the bill. They openly stated in all hon- esty and fairness that this is not a per- fect bill but that they think it is a step In the right direction to improve the Foreign Service. I rather anticipate that many Mem- bers have received telegrams, as I have, from various veterans' organizations which object very seriously to eliminat- ing the veterans' preference. In consid- eration of that, the committee members stated that the veterans' preference is not omitted so far as those in the service presently are concerned; that there is a grandfather clause, and if Members would like to refer to that, it is set forth at the bottom of page 16 and the top of page 17: "except that no officer or em- ployee shall, without his written consent, be transferred under this section." As I understand that, Mr. Speaker, nobody in the service at the present time may be required to go overseas or give up his preference unless he so requests in writing and desires to do so. It will ap- ply, however, to those in the future who are hired. They may all then be sent overseas. The committee states that this is a step in the right direction. Mr. Speaker, I know of no objection to the rule. Mr. GROSS. Mr. Speaker, will the gentleman yield? Mr. SMITH of California. I yield to the gentleman from Iowa. Mr. GROSS. Mr. Speaker, the gen- tleman I am sure must know that the reason for this bill is to abolish the Class Act within the State Department and practically all the protective provisions that go with the Class Act. I am sure the gentleman must know that there will be pressure exerted to get employees out of the Class Act and into the Foreign Service. Knowing some of the workings of the State Department, and I am sure the gentleman knows them, too, they are going to get this move made just as rap- idly as they can and use all the pressure they can to accomplish that end. So that whatever indirect and alleged protection there is I say to you that it has little or no meaning. Mr. SMITH of California. Mr. Speak- er, I yield 1 minute to the gentleman from Nebraska [Mr. CUNNINGHAM]. Mr. CUNNINGHAM. Mr. Speaker, I wish to make this observation to those who are present. This is going to be a very controversial piece of legislation. I happen to be proud to be a member of the Committee on Post Office and Civil Serv- ice. I am proud of the civil service sys- tem that we have. In my opinion and in the opinion of members of our com- mittee on both sides of the aisle, who will speak later, this is a direct slap at our civil service system and it can have very dire consequences. Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 ,,1 Approved For Release 2007/03/06 : CIA-RDP67B00446R000600100050.0 Se2itember 9, 1965 CONGRESSIONAL RECORD ? HOUSE 22371 So, Mr. Speaker, we shall bring out our objections to this legislation as we go into general debate. I think this legis- lation is a step backward. I think it is poor legislation. It certainly must be poorly drawn with 75 amendments al- ready put into this bill since it was intro- duced originally. Mr. SMITH of California. Mr. Speaker, I yield 1 minute to the gentle- man from Indiana [Mr. ADAIR]. Mr. ADAIR. Mr. Speaker, I would say in response to what the gentleman from Nebraska has said about the pos- sible damage to the civil service system that if Members will read the record of the hearings they will find that the Honorable John Macy of the Civil Serv- ice Commission was very strongly in favor of this type of legislation. I think it is not saying too much to say that without the very strong support of Mr. Macy we would not have brought this legislation to the floor of the House today. Mr. SMITH of California. Mr. Speaker, may I simply add that no ob- jections were presented to the rule before the Committee on Rules. I know of no objection to the rule itself although there may be some to some parts of the bill. Mr. Speaker, I have no further re- quests for time. Mr. MADDEN. Mr. Speaker, I move the previous question. The previous question was ordered. The SPEAKER. The question is on the resolution. The resolution was agreed to. A motion to reconsider was laid on the table. UNITED NATIONS PARTICIPATION ACr4 AMENDMEN Mr. MADII.)EI Mr. S by di- rection of e Committee, n Ru es I call up House R,frsolution 562 land ask for its immediate onsideratio The Clerk read the r solution,!as fol- lows: H. Rms. 562 9 resolution t shall be in Order to move that Resolved That upon tile adoption of this the Hou,seiresolve itself nto the Cotrnnittee of the Whole House on th State of e Union for the co sideration of he bill (S. 903) to amend th United Natio is Participa ion Act, as amend (63 Stat. 734-736). /4er gen- eral debate, which shall] be confine1 to the bill and hall continue not to ex eed one hour, to lie equally divid d and cont olled by the chai an and ran ing minor' mem- ber of th Committee or4 Foreign Aaire, the bill shall ,be read for aijendnient u der the five-minae rule. At tlie conclusio of the considerton of the .bill for amen ent, the Commit shall rise alid report th bill to the Haus') with such amenthnents las may have been adopted, and ihe previous diuestion shall be Onsidered as orqdered on the bill and amendme4ts thereto to *nal passage vithout intervenin$ motion except one motio to re- commit. (Mr. I4DDEN asked -and was given permlssloi to revise ind extend lis re- marks.) Mr. MA DEN. Mt. Speaker, I ;yield 30 minutes o the ge tleman from Oali- fornia [Mr. mrrny and pending that No. 166? I yield myself such tim sume. Mr. Sp House provides a ape rule wi eral de e for nsider. a bill t amend he Unit ticipat n Act, amend 736). Secgon 1 of Si 1903 p sectiah 2 of the; Unite ipatian Act to provide a,ssighment of persons resett the UniteK1 Sta org ,ns of the United N org ns commisgions, the United Nati nuClear energy and limitation o hese change ad itional pers nnel. dingnish the crirm in he present ct. section 1 is merely g making assignniients. i he changes In the 11 t section mil pr U. . representative t tins with incr ased duties to his co league frig more effective uti p rsonnel at the U.S. e as may on- point, at appropria a represent tive Geneva. olution 62 Pr sently only ree o th hour of g bers can be so assign a on of S. 1913, pe t the Am assador Nations P five f them. A d (63 Stat. 7 4- per onnel will pro sions of t oposed to rev se I now of no Nations Part ns as r disa arma mak flexibility in ppointed to r in the princi tions and in s other bodies re concerned w ament?con ent. no provision Neither do tion requirem hat is involve ater flexibilit aw proposed vide the prin the United uthority to , thereby pro ization of th ission to the C- . MADDE e the I?revious q p- e previou al e SPEA h the esolutio of T resolu th A , siert t. ol table. 4. or ey ts In In the pal a- ign at- top .N. The amendment coiita1ned in the sec- ond section will proilide statutory Au- tterity for the; existing position o the 11.5. representative o the European Office of the U.. in Geneva. (Mr. Speaker I urge the adopticin of House Resolution 562.; (Mr. Speaker; I rese4ve the balarice of n47 time. Mr. SMITH bf Califernia. Mr. ak- ell I yield *elf such time as may consume. ? 1 t(Mr. SMITI of California ask ? and wgs given pepnlssion to revise a d ex- teid his rem rks.) SMITI of CalifOnia. Mr. peak- er House R solution ;562 does ovide lot 1 hour of open debtite for the onsid- er tion of S 1903, ti e United ations P ticipatiol Act. r. Speak r, the pu pose of t e bill is enable thg U.S. Am assador ? obtain ssignme t of du- thus p mating top pe nnel in rovide tutory y existi ii g, since . repreSentative of the !U.N. at first qlbjective, been round to the a/nount of ty ptsible by 1903 will and as- ry to best to mere flexibil ty in the tie to his m ssion st be ter utiliza ion of au th mission:: and to aulhorlty for the alrea l9Gp, position of the U to he European office Ge eva. . ith respect to the stat tory provisions hay be to confining, limitin dole ation of responsibil our mbassai or. T e chang s proposed per it him t organize h sign uties a he deems n accoxiplish h s mission. Sii4ce 196 the Unite main ained a Geneva a with :the rank of Ambassa been done w hout a st now :proposed der the int*ational o anizati theye in addition 56 r Iden The bill authorizes e Presid ates has entative This has ry basis, Twenty e housed missions. nt to ap- the five em- d. This will to assig any tand it, 'o new o carry ?ut the I unde needed s bill. . objectio to the . Mr. peaker, estion. questio ER. o wa I. co ? WaS o clue/ ? ? ? ? . ule. move ed. is on d on the FO ? ION SERVICE ACT AMEND- MENTS OF 1965 Mr. HAYS. Mr. Speaker, I move that the House resolve itself into the Com- mittee of the Whole House on the State of the Union for the consideration of the bill (H.R. 6277) to amend the Foreign Service Act of 1946, as amended, and for other purposes. The motion was agreed to. IN COMMITTEE OF THE WHOLE Accordingly, the House resolved itself into the Committee of the Whole House on the State of the Union for the con- sideration of the bill (H.R. 6277) with Mr. MOORHEAD in the chair. The Clerk read the title of the bill. By'unanimous consent, the first read- ing of the bill was dispensed with. Mr. HAYS. Mr. Chairman, I yield myself 10 minutes. Mr. Chairman, as was stated during the discussion on the rule, this bill is primarily to set up a single personnel system within each of the three agen- cies most actively engaged in foreign af- fairs?the State Department, U.S. Infor- mation Agency, and AID. It deliberately excludes all other departments or agen- cies. Before I explain the bill I would like to say the subcommittee of which I have the honor to be chairman worked long and hard on the bill. We had a number of hearings. We had a large number of executive markup sessions. The views of every single person on the subcommittee were considered. I want to pay particular tribute to the gentlewoman from Ohio [Mrs. BOLTON], and the gentlewoman from New York [Mrs. KELLY], both of whom I believe at- tended every single session and who made a very great number of constructive sug- gestions. I also want to pay tribute to the gen- tleman from Indiana [Mr. Amin.] who also, I believe, attended every session and was a tower of strength so far as picking out the flaws in the language which was sent up from downtown. I also want to mention the gentleman from California [Mr. MAILLIARD], the gentleman from Massachusetts [Mr. MogsE] who likewise were extremely helpful and, especially, I would like to mention the gentleman from Wisconsin [Mr. THOMSON], former Governor of that State, whose long administrative Approved For Release 2007/03/06 : CIA-RDP67B00446R000600100050-0 Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 22372 CONGRESSIONAL RECORD ? HOUSE September 9, 1965 experience led him to make suggestions which were very helpful to the subcom- mittee. On the other side, the gentleman from Wisconsin [Mr. Zastocxi I and the gen- tleman from New York [Mr. FAgasTErtil attended the meetings when they could because they were both holding hearings in another subcommittee. Also I wish to mention the gentleman from Connecticut (Mr. MONAGANI. the gentleman from Alabama I Mr. SELDEN1, the gentleman from Minnesota [Mr. FRASER]. and the gentleman from New York [Mr. ROSENTIV.L]. all of whom scrutinized each provision and sought to write a better bill. We had every single member of the subcommittee at some time or other make suggestions for im- provement of the bill. We added 75 amendments. We re- wrote the bill. We took the documents sent from the executive branch as a working paper. We held hearings, we listened to employee groups, we tried to write legislation that would improve the Foreign Service and at the same time to the greatest extent possible protect the interests of the employees. Mr. O'HARA of Illinois. Mr. Chair- man, will the gentleman yield? Mr. HAYS. I yield to the gentleman. Mr. O'HARA of Illinois. I have ob- served, of course at a distance, long hours and many days that the gentle- man's subcommittee put in on this mat- ter. How many days did your subcom- mittee put in on this matter? Mr. HAYS. My recollection is that the subcommittee had eight sessions to hear witnesses. We spent 6 days in executive markup. In addition we had numerous informal meetings with offi- cers from the executive branch as well as individual employees and representa- tives of interested groups such as em- ployees unions and veterans groups. Mr. O'HARA of Illinois. And in addi- tion to that I would rather imagine the members of the subcommittee, the chair- man and others have spent almost end- less hours in doing their homework. Mr. HAYS. I would say to the gentle- man that I hope we have done our home- work. Each of us has spent a good deal of time on this. Again I would remind my colleague that all of us had numerous meetings with employee groups and their officials in conferences which were not regularly called or scheduled sessions. There was never a time that they called the office of any of us and asked to talk to us about the bill but they were re- ceived and they talked to us. Mr. O'HARA of Illinois. I am taking this time and doing so a little bit hesi- tantly, but I do think it serves a public interest that not only the Congress should know but that the American pub- lic should know how many hours and how many days and how much hard work goes into the preparation of a meas- ure of this nature. I thank the gentle- man and commend him and compliment him. Mr. HAYS. I appreciate the gentle- man's remarks and thank him for his expression of appreciation. I am glad the gentleman brought this matter out. I would like to say to my colleagues that when this bill came up from the EXecutive, it included a mandatory pro- posal calling for the transfer of civil service employees within a period of 3 years into the Foreign Service category. What precedent was there for this pro- posal? Every single commission that has studied the problem of our Foreign Serv- ice personnel has recommended an amal- gamation of the civil service personnel with the Foreign Service starting with the Hoover Commission in 1949 on which our late distinguished colleague and my late good friend, the gentleman from Ohio. Mr. Brown, served. I believe the gentleman from New Jersey [Mr. FRE- LINGIIITYSENI. a member of our commit- tee, was on the staff at that time. Let me read a brief extract from the report of the task force of the Hoover Commission: The consolidation (of the Foreign Service and the Department service) should be grad- ual in order not to weaken the morale and the present high quality of the Foreign Serv- ice or discard too abruptly many civil service employees of long service. It should how- ever he mandatory and progressive, under legislative enactments which cannot be avoided by unsympathetic administration and which contemplates a complete consoli- dation within about 5 years. The Rowe-Ramspeck-DeCourcy Com- mittee in 1950 made a similar recommen- dation. This may be found on page 10 of the committee report. The Herter Committee in 1962 headed by a former distinguished Member of the House and a former Secretary of State recommended the same thing. But did the committee go that far and that fast? No, it did not. The committee decided that it ought to lean over backward to make this ad- justment as easily as passible. We wrote into the bill language which says that nobody employed under civil service in each of the three agencies may transfer only if he wants to transfer. He can stay on beyond the Foreign Service re- tirement age of 60 years to age 70 which is the civil service retirement age. If he does not transfer, he retains all benefits that he has. The provisions that we have written into the bill will take a lot longer to accompish what the executive wants to accomplish and what the committee unanimously thinks must be accom- plished. But we thought we would go all the way in protecting these people from what the gentleman from Iowa calls pressure. Let me talk a bit about this pressure. 'the gentleman says there is going to be pressure exerted on these people to force them to transfer. I would say to you, ladies and gentlemen, I do not know of a single department in the Government that has more thorough legislative over- sight than the Department of State. My subcommittee is looking down its neck all the time. I only need to hear one? just one attempt to pressure somebody? and the Department will regret it. I do not think the Department will try it. This will be voluntary on the part of present employees. New employees will come in under the new ground rules. They will now know that when they go into the Foreign Service category. They know that they are subject to selection out. What is selection out? In the Committee on Rules, the dis- tinguished gentleman from Virginia with his inimitable wit and wisdom said: That is another word for firing; is it not? I admitted that is what it is. But how can anyone be selected out under the present Foreign Service sys- tem? He must be in the lowest 10 per- cent of his class in any 3 years that he is in that class before he is even eligible to be selected out. But I wish to point out to the Members?and I wish the Chamber were full of Members?there Is no department that gets kicked around more than does the State De- partment, but when we try to do some- thing to make it a better Department, then we are met with many objections. We are told, "You are attacking the civil service". We are not doing any such thing. In fact, one of the witnesses before the committee told me what a terrible thing we were doing and how he would pre- vent it. I said, "Really, my friend, if you have so much faith in the civil serv- ice, and you throw as much weight around as you think you do, why don't you get one of your friends to introduce a bill applying the civil service to the office of every Congressman?" If it is good for every agency in the world, it ought to be good for congres- sional offices. I am not an enemy of the civil serv- ice. I have voted for every single raise in pay they have asked for since I have been here. I have voted for improve- ments in it. But the State Department Foreign Service is, or should be, an elite service. This little group of people are the ones who make the decisions. They decide whether or not we will put that $50 billion a year war machine over at the Pentagon into high gear, or whether we will let it stand there with its motor idle. The taxpayers of the United States? yes, the citizens of the United States? the boys and girls of the United States? deserve the best State Department we can get, because, in effect, it is deciding their future. There has been no person in the Con- gress who has been more critical of the Department than I have. But I have tried to be constructive in my criticism, and when I criticize, I try to point out an alternative way to do the job better. I do not claim that the bill is perfect. The Foreign Service Act of 1946, which was worked on by Mr. Richards of South Carolina, and my colleague from Ohio, Mr. Vorys, was not perfect. They d'd not claim it was. But it has gone alon,; and we are trying to improve it. That is what we are attempting to do. Mrs. KELLY. Mr. Chairman, will the gentleman yield? Mr. HAYS. I yield to the gentle- woman from New York. Mrs. KELLY. Mr. Chairman, I feel that I must compliment our chairman for the magnificent job which he has Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 RECORD ? HOUSE 22373 September 9, 1965 CONGRESSIONAL done in endeavoring to perfect our sys- tem of Foreign Service and I shall con- tinue to believe that the amendments in this bill will strengthen our Foreign Serv- ice and not impair the civil service. I should like to ask a question of the gentleman from Ohio. Does the gentle- man not think that the bill would pro- tect those individuals who transfer from the civil service to the Foreign Service system? Mr. HAYS. I do, because there are several conditions written into the law; first, they do not have to transfer unless they want to; second, even if they trans- fer, they cannot be sent overseas unless they indicate that they are willing to go overseas. I leave it to the gentlewoman to deter- mine whether we have not leaned over backward until we almost touch the ground with our heads to protect the people who are in civil service. We have given them a number of options. These are spelled out on page 12 of the report. If they do not elect to transfer, they can stay where they are. Mrs. KELLY. As to those who are presently in the Foreign Service but un- der civil service regulations, is it not true that he will not lose his veteran's preference? Mr. HAYS. He will not lose his vet- eran's preference under any circum- stances unless he elects to transfer to the Foreign Service systein. But if he really believes he has to have veteran's prefer- ence to maintain his position, my advice to him would be not to transfer, and he does not have to. Mrs. KELLY. Is it not true, also, those who are presently in the civil service and do not transfer to the Foreign Service do not lose any right whatsoever as far as their appeals or retirements go, if they so choose? Mr. HAYS. They maintain all the rights they presently have up to the age of 70, the mandatory retirement age un- less he retires earlier. Mrs. KELLY. Is it not true, also, that the Foreign Service has always been a merit system just as the civil service is? Mr. HAYS. I think so. I think selec- tion out is a merit system. Yes. Mrs. KELLY. And no one will be de- nied a promotion if they do not select it? Mr. HAYS. Absolutely and categori- cally, no one will be denied a promotion. Mrs. KELLY. I thank the gentleman. (Mrs. KELT y asked and was given permission to revise and extend her re- marks.) Mr. MORRIS. Mr. Chairman, will the gentleman yield? Mr. HAYS. I yield to the gentleman from New Mexico. Mr. MORRIS. I want to say to my good friend, the distinguished gentleman from Ohio [Mr. HAys], that I am cer- tainly in agreement with what he is trying to do. He has performed a great service to the country, I think. There is a question I would like to ask concerning this veteran's preference. I had a telephone call the other day' from the adjutant of the DAV in New Mexi- co. He seemed to feel?and I think it was erroneous, but it was his feeling?that this bill might be the beginning and a precedent-setting piece of legislation for the breakdown of the veteran's prefer- ence system. Mr. HAYS. I can say to the gentle- man that it is no such thing. There is no such intention, and at the proper time the gentleman from Indiana [Mr. ADAIR], I have been informed, will offer an amendment which says that it is the sense of Congress that the veteran's preference system shall be maintained and this sets no precedent in any way, shape, or form. Mr. MORRIS. I thank the gentle- man. Mr. EDMONDSON. Mr. Chairman, will the gentleman yield? Mr. HAYS. I yield to the gentleman from Oklahoma. Mr. EDMONDSON. I think the an- swers given by the gentleman from Ohio to the questions submitted by the dis- tinguished gentlewoman from New York and the gentleman from New Mexico have answered most of the substantive questions I had in mind concerning this legislation. However, for the RECORD I would like to emphasize one point, if I have understood the gentleman cor- rectly. The point is that under this legisla- tion no veteran's preference or veteran's right is extinguished or reduced in any way for any employees of the State De- partment now in the service of the State Department. Is that correct? Mr. HAYS. Categorically, the answer to the gentleman's question is that none is reduced in any way whatsoever, to any employee as of today or as of the effective date of this legislation, if it be enacted and signed into law. Mr. EDMONDSON. Following up that thought just a step further, if I understand the effect of the amendment of the gentleman from Indiana [Mr. ADAIR], which is to be submitted, the effect will be to enlarge the veteran's preference or extend it into an area of employment in the State Department where it does not now exist. Is that correct? Mr. HAYS. Under the language of the gentleman's amendment it could have that effect. Mr. EDMONDSON. I thank the gen- tleman. Mr. ADAIR. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I should like to join the gentlewoman from New York in what she had to say concerning the activities of the chairman of this subcommittee, the gentleman from Ohio [Mr. HAYS]. He was patient and tolerant and invited comment and discussion to the very full- est possible extent. I should say to members of the committee that he did everything possible to try to permit us to bring before this committee and this House today a good and proper bill. Mr. Chairman, it is usual, when a com- mittee has made numerous amendments to a bill, to bring to the House a clean bill. In reporting out this measure the Committee on Foreign Affairs chose not to do that. The reason is simple. As it was introduced, H.R. 6277 drew criticisms from a number of sources. In the course of our deliberations we took into account many of these criticisms. We wrote in some new provisions and we amended or deleted provisions in the original bill. I know that many Members of Congress have received communications critical of some part or parts of the original bill. In order that Members may readily iden- tify the changes made by the committee we reported the original bill with amend- ments. There are 75 amendments. Admit- tedly, a number of them are technical, clerical, or conforming amendments. But there are also very basic substantive amendments. The underlying purpose of many of the amendments is to enable the three prin- cipal foreign affairs agencies?State, USIA, and AID?to operate under a sin- gle personnel system rather than, as at present, under a dual personnel system. Let me state that the concept of a single personnel system represents the judg- ment of numerous official and unofficial bodies that have studied the personnel problems of our overseas agencies. Our report highlights some of the principal studies on this subject starting with the Hoover Commission in 1949. That body, under the able direction of our former President, included Members of both Houses of Congress as well as distin- guished private citizens. One Member from this body who served with great dis- tinction was the late Clarence Brown, of Ohio. The Commission operated through a series of task forces, one of which con- cerned itself with foreign affairs. On the staff of the latter was a man who is now a most respected Member of this body, the gentleman from New Jersey [Mr. FRELINGIIUYSEN]. Quite clearly, what we are recom- mending in this bill is not a unique con- cept. The only unique feature is that this is the first legislative effort to give effect to the numerous recommendations on the matter of a single personnel system. Two provisions in the original bill were the subject of concern and criti- cism. I want to discuss these briefly and make clear to the House what the com- mittee did in each instance. Under the original bill it would have been possible for the President to au- thorize the transfer into appropriate categories and classes of the Foreign Service such civil service personnel "as he may designate of other Government agencies who are engaged in foreign af- fairs functions." It is difficult these days to find some part of some agency that is not engaged in a foreign affairs function. We heard from agency offi- cials and from other congressional com- mittees, all of whom expressed an under- standable concern about the implica- tions of the language. We had some letters from workers in munition depots who feared they might wind up in the Foreign Service, apparently on the as- sumption that at least some of the muni- tions they handled went abroad. I think I can assert with certainty that no one contemplated the extension of the Foreign Service personnel system throughout the Government. Section 29 of the amended bill specifically limits its application to the three major for- eign affairs agencies named in the bill? State, AID, and USIA. Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 22374 CONGRESSIONAL RECORD -- HOUSE September 9, 1965 Civil Service employees and veterans groups saw in the transfer from the civil service personnel system to the Foreign Service personnel system a loss of the rights they enjoyed under civil service laws and veterans' preference laws. Their concern was understandable. The Foreign Service system is not wholly compatible with either civil service or with veterans' preference . It relies on selection boards that Identify annually the top people in a particular class who should be promoted as well as the most marginal who should be selected out. Civil service people who have a more guaranteed tenure find the annual eval- uation process very disturbing. The committee deliberated long and hard to find an equitable approach that would take into account the interests of those covered by civil service and vet- erans' preference and at the same time that would permit a start toward a single personnel system operated under the provisions of the Foreign Service Act. I think we have achieved such an ap- proach in this bill. Simply stated, pres- ent civil service employees may elect to transfer to the Foreign Service system. In making such an election, they will weigh the advantages and the disadvan- tages of a transfer including a consider- ation of their civil service status and any privileges they may enjoy under vet- erans' preference. The choice is theirs. I call the attention of the House to page 12 of our repolt in which we set forth the safeguards and incentives to civil service personnel that we have written into this bill. If an individual elects to transfer to the Foreign Service system, any rights he may have under civil serv- ice laws and veterans' preference will be inoperative so long as he is in that sys- tem. If he later moves to an agency whose employees come under civil serv- ice, both his civil service rights and vet- erans' preference advantages will again be available to him. After the enactment of this bill all new appointments will be made under the provisions of the Foreign Service Act as amended. For many years I have supported vet- erans preference legislation. I firmly be- lieve in it. For that reason I can readily understand the concern of veterans that this appears to be a departure from a well-established congressional policy. I gave considerable thought to my own position on this provision of the bill be- fore deciding to support it. By law individuals appointed by the President with the advice and consent of the Senate do not have veterans preference. This is the case of all For- eign Service officers. Linder this bill foreign affairs officers in classes 1, 2, and 3 would also be Presidential ap- pointees subject to Senate confirmation. While foreign affairs officers is classes 4 through 7 would not be subject to Sen- ate confirmation, they would be compet- ing with Foreign Service officers, many of whom are veterans but do not enjoy veterans preference. This in itself would create a serious morale problem. Fur- then the whole emphasis of this bill is to develop a personnel system where the personal qualifications of the individual wW be the determining factor in ap- pointments, advancement, and retention. The question may well be asked: Is this a precedent for further encroach- ments on veterans preference? My an- swer is loud, clear, and unequivocal?no, it is not. We are confronted here with a situation that is unique, one not faced by other agencies of Government that have a" single personnel system in which civil service provisions and veterans pref- erence provisions operate. I see no jus- tification for any changes In these pro- visions. I would strenuously oppose, as I am certain most Members of this House would, any attempt to modify or weaken these provisions, It is not always understood that the Foreign Service is as much a career sys- tem as is the civil service system. It has been so since 1924. In 1946 when the basic Foreign Service Act was written, the members of our committee from both parties were insistent that it be a merit system. In the bill now before the House we were anxious to continue and to strengthen the merit principle. We took care to insert in section 13 of the bill a provision that all future appointees as foreign affairs officers and reserve officers must qualify by an examination process. We cannot spell out in legislation the pre- cise subjects upon which an individual is to be examined; that will depend upon his special field as well as his level of competence within the field. But we do Insist that there be examinations that are meaningful and objective and that appointments not be made on the basis of political patronage. Mr. Chairman, it should be understood by the House that the issues presented in this bill do not turn on any partisan ap- proach. They are unrelated to any issues of foreign policy. They are concerned with the machinery by which policy may be developed and implemented. This bill came out of the subcommittee unani- mously. It received the overwhelming vote of members of both parties in the full committee. If the principle of a single personnel system, so well established in other agen- cies of Government., is a sound one, then It is no less valid for the foreign affairs agencies. That is what this bill seeks to accomplish. In our efforts to effectuate a single personnel system, we have been unusually solicitous of those employees who have rendered, and are rendering, a high level of performance in the dis- charge of their duties. We want them to stay in Government service. We have taken every precaution to protect their personal interests. We have weighed the value of their service to our Government against the larger national requirements that would permit the more effective utilization of their talents. It is my be- lief that any organizational pattern is worth little or nothing if it is indifferent to individuals. That concern was upper- most in the minds of the committee dur- ing the drafting of this bill. I think we have succeeded. I urge the House to adopt this bill. Mr. CORBETT. Mr. Chairman, will the gentleman yield? Mr. ADAIR. I yield to the gentleman from Pennsylvania. Mr. CORBETT. Some of us are now quite confused as to what the gentle- man's amendment regarding veterans' preference will be. The gentleman from Ohio indicated it not only would be ap- plicable in all phases, but the result of the gentleman's amendment might be extended into fields where it is not now utilized. Mr. ADAIR. The effect of the amend- ment I propose to offer would be to say that as a policy, wherever it is possible. not violating other rules and laws which will be established if this Wl becomes law, but to the extent practicable, veter- ans' preference shall be taken into ac- count. That would involve, as I said in my prior remarks, a weighing of very many factors, a weighing of the fact there are now in the Foreign Service, peo- ple who are veterans, but who are not benefiting by any veterans' preference. If we were to give some people in the Foreign Service veterans' preference while at the same time it is not avail- able to others, that would certainly constitute a serious morale problem. It Is my opinion that the effect of my amendment would simply be to say to the extent practicable in the employment of officers and employees of the Foreign Service they take into account the fact this applicant or that applicant is a vet- eran. To that extent I would agree with what the gentleman from Ohio said, it does nothing about an extension of vet- erans' preference. Mr. CORBETT. The gentleman also stated he was very anxious to preserve and protect the rights of everybody he could. Mr. ADAIR. Every individual in the Government service according to his merits. That is not only my point of view. but I think it is the point of view of all members of the subcommittee. Mr. CORBETT. How does stripping 20.000 people of their civil service rights help achieve that objective? Mr. ADAIR. I will say to the gentle- man, as has been said earlier this after- noon, no one is stripped of any rights, who is now in the civil service, unless he himself elects to forgo those rights. If he says, "Yes, I see an advantage in my transfer to another category as a Foreign Service officer," he does so with the full knowledge that he is giving up those rights. He makes that decision himself. No one makes it for him. No one forces him to do it. Should after a period of years he revert, as I said, to a position in which the civil service and/or veterans preference rights do ap- ply he would again be clothed with that protection. This is a matter for people now covered by civil service to decide en- tirely at their own option. Of course, people coming in hereafter will be ex- pected to come in under the new ground rules that we are trying to establish. Mr. CORBETa. They will not be un- der the civil service in any case? Mr. ADAIR. They will be under the new Foreign Service which we are, as I say, trying to establish as a system some- what parallel and in many respects, but not all, copied after the civil service sys- tem. I will say further to the gentleman that when John Macy was before our Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 September 9, 1965 CONGRESSIONAL RECORD ? HOUSE committee, and I said this earlier this afternoon, he gave a very strong state- ment which the Members can find in the record of the hearings in support of this type of thing. He indicated very clearly, he thinks for the benefit of our Government, it is highly desirable and for the benefit of us as individual citizens, it is highly desirable for us to establish a Foreign Service system more separate and distinct than the one we now have. Mr. CORBETT. I greatly admire the Civil Service Commissioner but he often does serve under one or two hats and not always the Civil Service Commission. But here when you do hire these new people and they go into the Foreign Service instead of under civil service, then they come up against the matter of appeals if they are removed or are not promoted. Their only right of appeal is within their own department to their own superiors; is it not? Mr. ADAIR. They have all the rights and protections that are available under the Foreign Service Act. Mr. CORBETT. That is possibly to people in the same level who have orig- inally graded them or condemned them for some act. In other words, there is no outside review of the facts of their cases. Mr. ADAIR. In that respect I would say to the gentleman, we wrote a special provision in this bill, section 30, that if a man thinks he has had unfair or ad- verse reports as to the discharge of his duty or as to his conduct, he can request the chief of mission to make a direct report upon him if there is possibly a bad report or report with which he does not agree. Mr. CORBETT. But to no outside agency. He cannot go to any court or the Civil Service Commission or anything else. Mr. ADAIR. Certainly he should be controlled. He has the same safeguards and he is subject to the same restric- tions as people now and hereafter in the - Foreign Service. I think what the gen- tleman is saying is exactly what we are trying to say. We are attempting to build a separate and distinct Foreign Service. Mr. HAYS. Mr. Chairman, will the gentleman yield? Mr. ADAIR. I yield to the gentleman. Mr. HAYS. I would like to point out to the gentleman, if the gentleman will yield, that selection out system is a merit system. Nobody can ever be touched under this system as long as he stays not in the top one-third, not in the top two- thirds as you have to be to stay in col- lege these days?but in the top 90 per- cent. Not only that, the person has to be in the bottom 10 percent three times while he is in the same class. So all the person has to do is really be a little com- petitive and be on the ball. I do not think we need to worry about the indi- vidual here. In the selection out cases, that have come to my notice since I have been chairman of this committee?and you know people who are going to lose their jobs are not very reluctant to come to a Member of the Congress?I have only had two cases brought to my atten- tion by other Members. We wrote Ian- guage in the bill that Mr. Macy, who is head of the Civil Service Commission, shall be on this Board of the Foreign Service which hears appeals on separa- tion for cause. I really think that my friend, the gentleman from Pennsyl- vania is worrying unnecessarily. We are worrying a little bit about. the Govern- ment getting the best possible service and consistent with such protection as is needed. Mr. CORBETT. I have not in any way questioned the sincerity of the effort that is being made here. It could pos- sibly be that the trouble comes from the fact that the bill was not referred to the Civil Service Committee, which has had a great deal of experience in this type of thing. I believe that jurisdiction was wrongly placed in this matter, and we on the Civil Service Committee-- Mr. HAYS. May I say to the gentle- man that the Foreign Affairs Committee has always handled Foreign Service per- sonnel questions. Mr. CORBETT. And yet we are sup- posed to handle matters ,pertaining to employees. Mr. HAYS. It works both ways. Mr. CORBETT. And probably wrongly. Mr. ADAIR. In furtherance of what the gentleman from Ohio said, it is my recollection?and I am sure reference is made to this point in the report?that in the selection-out process in recent years less than 2 percent of the Foreign Service officers to which it is currently applicable have been selected out. Yet we seek to build a better Foreign Service. How many of us in this Chamber have not been critical of the State Department and our Foreign Service? If we have been, then by this bill, let us give them the machin- ery by which they can correct the situation. Mr. CUNNINGHAM. Mr. Chairman, will the gentleman yield? Mr. ADAIR. I yield to the gentleman from Nebraska. Mr. CUNNINGHAM. Getting back to the question of veterans' preference, it is a well known fact that the five major veterans' groups oppose this legislation. I hear remarks being made in the well by those favoring this bill that indicates to me that the speakers are saying in fact that the veterans organizations do not know what they are talking about, but I for one think they do. Mr. ADAIR. I refuse to yield fur- ther at that point. I will say to the gentleman that there has been no state- ment to that effect. There has been no implication to that effect. Mr. CUNNINGHAM. Mr. Chairman, will the gentleman yield further? Mr. ADAIR. I yield. Mr. CUNNINGHAM. There has been a lot of objection by the veterans' groups. I believe that every Member of this body has received communications from them. I have heard via the grapevine before this bill was called up that the committee is a little worried about the opposition of our veterans and so they are going to offer an amendment. I do not know what number that amendment will be? No. 75 or No. 76?but it will be a sort of 22375 sense-of-Congress resolution. Is that not the language to be used? I believe that is one of the phrases referred to by the sponsors of this bill. Mr. ADAIR. The gentleman did not need to hear by the grapevine that we had in mind offering an amendment. We have been talking about it this afternoon, and I said that I had one prepared which would direct that veterans' preference be considered wherever practicable. Mr. CUNNINGHAM. The gentleman knows that that will not have any force or effect. It will not mean anything. Mr. ADAIR. I disagree with the gen- tleman. If it becomes law, it will have the full force and effect of law. The veterans' groups, or their leaders, do know what is going on. Not very many days ago, I personally invited them to my office to sit down and talk and discuss this question, so that ' they might be fully advised, and the amendment which I have prepared is an outgrowth of that meeting. I am not saying to the gentleman that my amend- ment would go as far as the leaders of the veterans' organizations feel that we should go. I do say to the gentleman that it goes as far as we can, consistent with the requirements of the Foreign Service. Mr. CUNNINGHAM. Mr. Chairman, will the gentleman yield further? Mr. ADAIR. I yield to the gentleman from Nebraska. Mr. CUNNINGHAM. We passed that type of amendment in this body and in the other body before and, in my opinion, it has had no force and effect. I think we are fooling our veterans when we adopt such an amendment and give them the feeling that they will not be injured. But to get back to another point-- Mr. HAYS. Mr. Chairman, will the gentleman yield? Mr. ADAIR. I yield to the gentle- man from Ohio. Mr. HAYS. I should like to make a statement at that point. A committee was appointed, headed by a former com- mander of the American Legion and in- cluding four departmental commanders. They were asked to serve voluntarily. They were given top security clearance. They were asked to go through the State Department from top to bottom and make recommendations. I refer to those five former officers of the American Le- gion. I should like to read what they said. They said: The Department should increase its ef- forts to attract and bring into the Foreign Service junior officers of high caliber and potential. The Department should intensify its efforts to weed out medicore personnel by increasing materially the number se- lected out. Then they go on to say that the selec- tion boards should be authorized to re- view even more personnel than they are. This is a group of five former national commanders. I got a telegram from a gentleman recently saying that 5 million veterans are against this bill. I called him up and said, "Let us not kid each other-4,999,999 of them do not know this bill is coming up." Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 Approved For Release 2007/03/06 : CIA-RDP67600446R000600100050-0 22376 CONGRESSIONAL RECORD ? HOUSE September 9, 1965 Mr. CUNNINGHAM. Mr. Chairman, will the gentleman yield? Mr. ADAIR. I will yield briefly. Mr. CUNNINGHAM. As I understand this, an option will be given to these peo- ple. They can go into this new arrange- ment or can stay in civil service. Mr. ADAIR. Yes; that is correct. Subject to all of the protections provided in this bill. Mr. CUNNINGHAM. For heaven's sake, what kind of a two-headed animal will that be? You have part of them in civil service and part of them in another system. I cannot envision a more con- fusing situation. Mr. ADAIR. That kind of arrange- ment arose out of the thing I mentioned a few minutes ago; that is, our great effort and zeal to protect the rights of the individual and assure him that his civil service rights will be protected. Mr. CUNNINGHAM. That is com- mendable, but it will not work. Mr. ADAIR. Eventually the Foreign Service will all be operated under one set of rules, but in the meantime in an effort to be as fair as possible and in an effort to give them every protection possible we do give them an option. Mr. MAILLIARD. Mr. Chairman, will the gentleman yield? Mr. ADAIR. I yield to the gentleman from California. Mr. MAILLIARD. I might say in con- nection with what the gentleman from Nebraska just said, that he never heard of such a two-headed object such as this, that this Is exactly what we have now. This is what we had for many years and what we are precisely trying to cure here. We are doing this so that we will not have two parallel systems in the same agency. Also, will not the gentleman agree that the Foreign Service, in today's cold war atmosphere, where the United States has commitments and obligations of enormous magnitude and of vital inter- est to our national security, is more and more becoming in its responsibilities comparable to the military services, probably, in their function for this country than it is to the domestic civil service that operates the usual domestic agencies of our Government? If this system is approved by the Congress, it seems to me in return for what some people, that is, the people who are now working for the State Department under civil service, as to what they may give up or, if they do not choose to give it up, their successors will give it up, they will get a great deal in return. They will get benefits of earlier retirement possibili- ties more comparable to the military system. 'rhe selection-out process works rather similarly to what we have in the military services where certain people are selected to go on and others are let out but with substantial benefits that would not accrue to someone who might be let out of the civil service at the same stage in his career. It is not a one-way street. There are advantages granted. It seems to me we ought to put this problem into its major context to try to provide a unified national service In this foreign field that can maintain exceptionally high standards of compe- tence, a competence that is really re- quired in Government service probably only in the military with a comparable sense of responsibility and with the con- sequences of such competence acquired by these people for the security of our country. Mr. ADAIR. I agree wholly with the gentleman from California, and I ap- preciate his remarks. I think in addition to that it ought to be pointed out, besides giving these peo- ple an option as to whether they want to transfer or not, we even go a step fur- ther and give them an option as to whether they want to serve abroad with the Foreign Service or not. If they elect not to serve abroad, then they do not have to. We have gone to the fullest ex- tent possible to give them this protection and at the same time establish the merit system which we need and to which the gentleman made reference. Mr. FARBSTEIN. Mr. Chairman. will the gentleman yield? Mr. ADAIR. I yield to the gentleman. Mr. FARBSTEIN. Did the gentleman say it is fair to equate the Foreign Serv- ice officers and Foreign Service person- nel with the frontline fighters in our Military Establishment of our country? Mr. ADAIR. Of course it is, because the decisions that they make determine many, many times whether the use of the military is indicated. Mr. HUI CHINSON. Mr. Chairman. will the gentleman yield? Mr. ADAIR. I yield to the gentleman. Mr. HUTCHINSON. Mr. Chairman, I am sure the gentleman can answer a couple of questions in my mind, although the debate thus far has not revealed the answers yet. An individual now in the civil service wculd be given an option. If he chooses to transfer over into the Foreign Service. Is there any limita- tion of time within which he must make that choice, and if he makes the choice is that firm or may he transfer back? Mr. ADAIR. The gentleman has asked two questions. Upon the first, we did consider providing a limitation of time and decided not to do so. There is no limitation of time. As to the second. If for one reason or another he finds it wise to transfer to another Government agency, under this bill it is my opinion that he may do so and regain his civil service and veterans preference rights. Mr. HTJTCHINSON. I thank the gen- tleman. Mr. GROSS. Mr. Chairman, will the gentleman yield? Mr. ADAIR. I yield to the gentleman from Iowa. Mr. GROSS. Mr. Chairman, I have just listened to the gentleman from New York Mr. Palmitin]. If we are going to equate the Foreign Service with our frontline troops we have lost the war right now. Mr. ADAIR. I will say to the gentle- man that that is exactly what we are trying to do by this bill, to make it pos- sible for them to build a better Foreign Service, and if we pass this bill we are going to insist that they do. Mr. GROSS. Mr. Chairman, if the gentleman will yield further, there is not the least assurance in this bill that the result which the gentleman talks about will be accomplished; and he knows it. Mr. ADAIR, Mr. Chairman, I dis- agree with the gentleman. I think we have a good bill. Mr. HAYS. Mr. Chairman, will the gentleman yield? Mr. ADAIR. I yield to the gentleman. Mr. HAYS. Mr. Chairman, we do not have any ironclad assurance that we are going to win the war in Vietnam. I think we will and I hope we will. I am doing everything I can toward that end. This bill will do the same thing. We hope it will improve, and we believe it will improve the Foreign Service, If it does not, we will be receptive to other Ideas. Mr. FARBSTEIN. Mr. Chairman, will the gentleman yield? Mr. ADAIR. I yield to the gentle- man. Mr. FARBSTEIN. At least we are trying to build up the Foreign Service so that we may be proud of them, so that they can handle our foreign affairs on a basis that will equate them with the frontline fighters in the interest of the national security. (Mrs I