WEDNESDAY, MAY 13, 1964 (Legislative day of Monday, March 30, 1964) The ACTING PRESIDENT pro tempore called the Senate to order at 10 o'clock a.m., and the Chaplain offered prayer. THE JOURNAL On motion by Mr. HUMPHREY, and by unanimous consent, The Journal of the proceedings of Tuesday, May 12, 1964, was approved. ORDER FOR TRANSACTION OF ROUTINE MORNING BUSINESS On motion by Mr. HUMPHREY, and by unanimous consent, Ordered, That following a quorum call routine morning business may be transacted; provided that this not include committee meetings. ORDER FOR RECESS On motion by Mr. HUMPHREY, and by unanimous consent, Dodd Dominick Douglas Ervin Fong Gruening Jordan, Idaho Keating McGee McGovern McIntyre McNamara Metcalf Miller Monroney Morse Morton Saltonstall Scott Smith Sparkman Stennis Talmadge Williams, N.J. A quorum being present, AMENDMENT OF THE COMMODITY EXCHANGE ACT, AS AMENDED The ACTING PRESIDENT pro tempore laid before the Senate a communication from the Secretary of Agriculture, transmitting a draft of proposed legislation to amend the Commodity Exchange Act, as amended; which, with the accompanying papers, was referred to the Committee on Agriculture and Forestry. INTRODUCTION OF BILLS Bills were introduced, severally read the first and second times by unanimous consent, and referred as follows: By Mr. BAYH: S. 2832. A bill for the relief of Ioannis Metanias; to the Committee on the Judiciary. By Mr. TALMADGE: S. 2833. A bill for the relief of Vasilios Mavris; to the Committee on the Judiciary. By Mr. HUMPHREY: S. 2834. A bill for the relief of Lee Young Soon; to the Committee on the Judiciary. By Mr. SYMINGTON (for himself and Mr. LONG of Missouri): S. 2835. A bill authorizing the change in name of the Joanna Dam and Reservoir, Salt River, Mo., to the Clarence Cannon Dam and Reservoir; to the Committee on Public Works. By Mr. MORSE: S. 2836. A bill for the relief of certain individuals; to the Committee on the Judiciary. By Mr. MORSE (for himself and S. 2837. A bill authorizing construction of a navigation project at Port Orford, Oreg.; to the Committee on Public Works. ADDITIONAL COAUTHOR OF S. 1719 On motion by Mr. MONRONEY, and by unanimous consent, Ordered, That the name of Mr. BAYH be added as a coauthor of the bill (S. 1719) to amend the Interstate Commerce Act and the Federal Aviation Act of 1958 in order to exempt certain wages and salary of employees from withholding for tax purposes under the laws of States or subdivisions thereof other than the State or subdivision of the employee's residence. ADDITIONAL COAUTHOR OF S. 2796 On motion by Mr. MONRONEY, and by unanimous consent, Ordered, That his name be added as a coauthor of the bill (S. 2796) to provide for strengthening and improving the national transportation system, and for other purposes. ADDED COAUTHOR OF S. 2809 Under authority heretofore granted, the following-named Senators have been added as coauthors of the bill (S. 2809) to amend section 37 of the Mineral Lands Leasing Act of February 25, 1920, relating to disposition only as provided in such act of deposits of coal, phosphate, sodium, potassium, oil, oil shale, and gas in lands valuable for such minerals, except as to valid claims pursuant to laws under which initiated and existing at the date of the passage of such act, which claims may be perfected under such laws, previously introduced: Mr. BENNETT, Mr. DOMINICK, and Mr. SIMPSON. RIGHT OF SELF-DETERMINATION BY THE PEOPLES OF LATVIA, LITHUANIA, AND ESTONIA Mr. RIBICOFF submitted the following concurrent resolution (S. Con. Res. 84); which was referred to the Committee on Foreign Relations: Whereas the peoples of Estonia, Latvia, and Lithuana have been denied the right of self-determination since the occupation and incorporation of their Nations into the Soviet Union by force in 1940; and Whereas the United States has consistently refused to recognize the abrogation of the rights of these Baltic peoples, and continues to maintain diplomatic relations with the representatives of free Estonia, Latvia, and Lithuania; and Whereas it is the policy of the United States to uphold the right of peoples everywhere to determine their destinies through free participation in elected governments: Therefore be it Resolved by the Senate (the House of Representatives concurring), That the President of the United States should determine and promote diplomatic and economic policies which will: (a) en courage the withdrawal of Soviet forces from Estonia, Latvia, and Lithuania; (b) develop the independence of those nations from the Soviet Union, and (c) bring about free elections in Estonia, Latvia, and Lithuania in order that Estonia, Latvia and Lithuania may regain their places in the councils of free nations as sovereign States representatives of the desires and responsive to the will of their peoples. TO PRINT AS A SENATE DOCUMENT THE REMARKS OF FORMER PRESIDENT HARRY S. TRUMAN TO THE SENATE ON MAY 8, 1964 Mr. PELL submitted the following resolution (S. Res. 329); which was referred to the Committee on Rules and Administration: Whereas by the adoption of Senate Resolution 78, agreed to October 1, 1963, the Senate amended rule XIX of the Standing Rules of the Senate to provide that upon appropriate notice to the Presiding Officer, who shall thereupon make the necessary arrangements, former Presidents of the United States shall be entitled to address the Senate; and Whereas on May 8, 1964, on the occasion of his eightieth birthday, former President Harry S. Truman came to the Senate floor and addressed the Senate while in session; and Whereas this address by Mr. Truman constitutes an historic first instance of the operation of the recently amended rule: Now, therefore, be it Resolved, That there be printed as a Senate document that portion of the proceedings of the United States Senate of May 8, 1964, which includes the remarks of former President Harry S. Truman and the responses by Members of the Senate thereto, together with an appropriate prefatory statement. SEC. 2. There shall be printed, within the statutory limitation, such quantity of additional copies of said document for the use of the Senate as may be determined by the Committee on Rules and Administration. CIVIL RIGHTS ACT OF 1964 The Senate resumed the consideration of its unfinished business, viz, the bill (H.R. 7152) to enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes. The question being on agreeing to the amendments proposed by Mr. LONG of Louisiana to the amendments proposed by Mr. TALMADGE (for himself and others). Mr. ERVIN raised a question as to the presence of a quorum; Whereupon INVESTIGATION BY COMMITTEE ON RULES AND ADMINISTRATION OF ROBERT G. BAKER Mr. WILLIAMS of Delaware (for himself and Mr. CASE), by unanimous consent, submitted the following resolution (S. Res. 330): Resolved, That the first sentence of S. Res. 212, 88th Congress, agreed to October 10, 1963, is amended to read as follows: "That the Committee on Rules and Administration or any duly authorized subcommittee thereof is authorized and directed to make a study and investigation with respect to any financial or business interests or activities, or any illegal, immoral, or improper activities, including activities involving the giving or receiving of campaign funds under questionable circumstances, of any Member or former Member of the Senate, employee or former employee in the office of a Senator or former Senator, employee or former employee of a Senate committee or subcommittee thereof or of any joint committee the expenses of which are disbursed by the Senate Disbursing Office, officer or employee or former officer or employee of the Senate who receives or has received payment of salary through the Senate Disbursing Office, or any other officer or employee or former officer or employee of the Government who is employed or was formerly employed in either of the Senate office buildings or in the Senate Wing of the Capitol, for the purpose of ascertaining (1) whether any such interests or activities have involved conflicts of interest, or any other impropriety of any kind, and (2) whether additional laws, rules, or regulations are necessary or desirable for the purpose of prohibiting or restricting any such interests or activities." SEC. 2. S. Res. 291, 88th Congress, agreed to February 10, 1964, as amended, is amended by striking out "May 31, 1964" and inserting in lieu thereof "September 1, 1964". Ordered, That it lie on the table. MESSAGE FROM THE HOUSE A message from the House of Representatives, by Mr. Bartlett, one of its clerks: Mr. President: The House of Representatives has passed without amendment the bill (S. 2214) to amend the International Development Association Act to authorize the United States to participate in an increase in the resources of the International Development Association. CIVIL RIGHTS ACT OF 1964 The Senate resumed the consideration of its unfinished business, viz, the bill (H.R. 7152) to enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes. The question being on agreeing to the amendments proposed by Mr. LONG of Louisiana to the amendments proposed by Mr. TALMADGE (for himself and others), Pending debate, AMENDMENT OF ALASKA OMNIBUS ACT On motion by Mr. JACKSON, and by unanimous consent, The Senate proceeded to consider the bill (S. 2772) to amend the Alaska Omnibus Act; and the reported amendment having been agreed to, Ordered, That the bill be engrossed and read a third time. The said bill was read the third time. Resolved, That it pass and that the title thereof be as aforesaid, Ordered, That the Secretary request the concurrence of the House of Representatives therein. CIVIL RIGHTS ACT OF 1964 The Senate resumed the consideration of its unfinished business, viz, the bill (H.R. 7152) to enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes. The question being on agreeing to the amendments proposed by Mr. LONG of Louisiana to the amendments proposed by Mr. TALMADGE (for himself and others), Pending debate, Mr. ERVIN raised a question as to the presence of a quorum; Whereupon The PRESIDING OFFICER (Mr. MCGOVERN in the chair) directed the roll to be called; On motion by Mr. MANSFIELD, and by unanimous consent, The Journal of the proceedings of Wednesday, May 13, 1964, was approved. SENATOR EXCUSED Mr. JAVITS was excused from attendance upon the Senate from May 15 to 18, both inclusive, on his own request. ORDER FOR TRANSACTION OF ROUTINE MORNING BUSINESS On motion by Mr. MANSFIELD, and by unanimous consent, Ordered, That following a quorum call routine morning business may be transacted; provided that this not include committee meetings. ORDER FOR RECESS On motion by Mr. MANSFIELD, and by unanimous consent, Ordered, That, when the Senate concludes its business today it take a recess until 10 o'clock a.m. on Friday. QUESTION OF QUORUM Mr. MANSFIELD raised a question as to the presence of a quorum; Whereupon The ACTING PRESIDENT pro tempore directed the roll to be called; When Seventy-six Senators answered to their names, as follows: Fong Gruening Hart Hartke Hickenlooper McGovern McNamara Metcalf Miller Monroney Morton A quorum being present, Randolph Ribicoff Robertson Saltonstall Scott Smith Stennis Symington Talmadge Williams, N.J. Williams, Del. Yarborough Young, N. Dak. Young, Ohio JOINT MEETING OF TWO HOUSES ON MAY 28, 1964, TO HEAR AN ADDRESS BY THE PRESIDENT OF IRELAND Mr. MANSFIELD announced that a joint meeting of the Senate and the House of Representatives would be held in the Hall of the House on Thursday, May 28, 1964, at 12:30 o'clock p.m., to hear an address by the President of Ireland, Hon. Eamon De Valera. REPORT ON PROPOSED PROVISION TO GENERAL SERVICES APPROPRIATION The ACTING PRESIDENT pro tempore laid before the Senate a communication from the President of the United States, together with a letter from the Director of the Bureau of the Budget, transmitting, pursuant to law, a report on a proposed provision pertaining to the appropriation "Construction, Public Buildings Projects," General Services Administration, fiscal year 1964; which, with the accompanying paper, was referred to the Committee on Appropriations and ordered to be printed. AUTHORIZATION OF CERTAIN VETERANS' BENEFITS FOR DISABILITY OR DEATH The ACTING PRESIDENT pro tempore laid before the Senate a communication from the Administrator of Veterans' Affairs, transmitting a draft of proposed legislation to authorize certain veterans' benefits for disability or death resulting from injuries sustained prior to January 1, 1957, by reservists while proceeding directly to or returning directly from active duty for training or inactive duty training; which, with the accompanying papers, was referred to the Committee on Finance. USELESS PAPERS IN GOVERNMENT AGENCIES AND DEPARTMENTS The ACTING PRESIDENT pro tempore laid before the Senate a communi cation from the Archivist of the United States, transmitting, pursuant to law, a report on lists of papers in various departments and agencies of the Government, recommended for disposition, which appear to have no permament value or historical interest; which, with the accompanying papers, was referred to a Joint Select Committee on the Disposition of Papers in the Executive Departments; and The ACTING PRESIDENT pro tempore appointed Mr. JOHNSTON and Mr. CARLSON as members of the committee on the part of the Senate. Ordered, That the Secretary notify the House of Representatives thereof. PETITION AND MEMORIAL The ACTING PRESIDENT pro tempore laid before the Senate a petition from Mrs. Joe Cole, San Diego, Calif., praying the passage of the pending civil rights bill; which was ordered to lie on the table. The ACTING PRESIDENT pro tempore laid before the Senate a resolution of A Committee for America (White), of Richmond, Va., remonstrating against the passage of the pending civil rights bill; which, with accompanying papers, was ordered to lie on the table. REPORT OF COMMITTEE ON INTERIOR AND INSULAR AFFAIRS Mr. Hayden, from the Committee on Interior and Insular Affairs, to whom was referred the bill (S. 502) to preserve the jurisdiction of the Congress over construction of hydroelectric projects on the Colorado River below Glen Canyon Dam, reported it with an amendment and submitted a report (No. 1023) thereon. INTRODUCTION OF BILLS Bills were introduced, severally read the first and second times by unanimous consent, and referred as follows: By Mr. ERVIN (for himself, Mr. S. 2838. A bill to assure that no person charged with an offense against the United States, or with an offense triable in the criminal division of the District of Columbia Court of General Sessions, shall be denied bail solely because of his financial inability to give bond or provide collateral security, and for other purposes; S. 2839. A bill to assure that all persons convicted of offenses against the United States will receive credit toward service of their sentences for time spent, prior to sentencing, in custody for lack of bail; and S. 2840. A bill to further implement the constitutional right to bail by permitting persons admitted to bail to make a cash deposit with the court in lieu of providing sureties or other collateral security; to the Committee on the Judiciary. By Mr. KEATING: S. 2841. A bill for the relief of Law For Wing, Law Wan Koon Dai, Law Yee 99-100-s J-88-2-16 Lan, and Law Yee Ping; to the Committee on the Judiciary By Mr. SCOTT (for himself, Mr. MECHEM, Mr. Mr. METCALF, SIMPSON, and Mr. THURMOND): S. 2842. A bill to confer jurisdiction on U.S. district courts to hear and render judgment on certain claims; to the Committee on the Judiciary. By Mr. PELL (for himself and Mr. PASTORE): S. 2843. A bill to provide for the establishment of the Roger Williams National Memorial in the city of Providence, R.I., and for other purposes; to the Committee on Rules and Administration. By Mr. BEALL: S. 2844. A bill to amend the Federal Aviation Act of 1958 to require the Civil Aeronautics Board to enforce the duty imposed on each carrier to provide adequate service in connection with the transportation authorized by its certificate of public convenience and necessity; to the Committee on Commerce. By Mr. PROXMIRE: S. 2845. A bill for the relief of Rosette Sorge Savorgnam; to the Committee on the Judiciary. By Mr. MCINTYRE (for himself and Mr. COTTON): S. 2846. A bill to amend the Internal Revenue Code of 1954 to exempt sweepstakes conducted by a State from the tax on wagering; to the Committee on Fi nance. By Mr. ROSS: S. 2847. A bill authorizing the Secretary of the Army to convey certain land in the State of Utah to the Cerebral Palsy Center for Multiple Handicapped, Salt Lake County, Utah; to the Committee on Armed Services. By Mr. WILLIAMS of New Jer- S. 2848. A bill to establish a program for Federal assistance for college and vocational education loans and a program for Federal undergraduate scholarships; to the Committee on Labor and Public Welfare. By Mr. AIKEN (for himself and S. 2849. A bill to amend the act authorizing association of producers of agricultural products, approved February 18, 1922; to the Committee on the Judiciary. REQUEST FOR THE UNITED NATIONS TO TAKE STEPS LOOKING TO SELF-DETERMINATION OF ALL PEOPLES Mr. GOLDWATER submitted the following concurrent resolution (S. Con. Res. 85); which was referred to the Committee on Foreign Relations: Whereas the United States of America was founded upon and long has cherished the principles of self-determination and individual freedoms; and Whereas these principles are the reason d'être of the United Nations, as set forth in the charter of that world organization; and Whereas the United States and all other member nations signatory to that charter have solemnly pledged them selves, collectively and individually, to make these principles universal and to extend their benefits to all peoples; and Whereas since 1918 Soviet communism has, through the most brutal aggression and force, deprived millions of formerly free peoples of their rights to self-determination and has enslaved their homelands; and Whereas the Congress of the United States has unanimously expressed, in Public Law 86-90, approved July 17, 1959, its revulsion at the continued enslavement by the Soviet Union of the peoples of Poland, the Ukraine, Czechoslovakia, Byelorussia, Latvia, Estonia, White Ruthenia, Rumania, East Germany, Bulgaria, mainland China, Armenia, Azerbaijan, Georgia, North Korea, Albania, Idel-Ural, Tibet, Cossackia, Turkestan, North Vietnam, and other lands, all of which now are known as the "captive nations"; and Whereas the peoples of these captive nations, as well as those of Cuba and other lands since subjugated in whole or in part by Soviet communism, have found little, if any, hope of eventual freedom in the political differences which have arisen between Soviet Russia and its satellite, mainland China, and may look only to the United States and the United Nations for liberation; and Whereas the member nations of the United Nations have failed to bring before the General Assembly for successful discussion and solution the problem of self-determination for the peoples enslaved by international communism; and Whereas it is vital to the national security of the United States and the perpetuation of Western civilization in a world threatened by international communism that the hopes for freedom and self-determination shared by peoples of the captive nations be kept alive; and Whereas the United States, in the case of other colonial states whose people long have enjoyed many personal freedoms and national benefits of a kind which have been denied in the colonies of Soviet communism, already has spoken out strongly in the United Nations in support of the principles of self-determination and individual liberties; and Whereas, the Constitution of the United States of America, in article II, section 2, vests in the President the power, by and with the advice and consent of the Senate, to make treaties and appoint ambassadors: Now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That the President of the United States is hereby authorized and requested to instruct the United States Ambassador to the United Nations to demand, at the earliest possible date, that (1) the United Nations enforce its charter provisions which guarantee self-determination to all peoples; and (2) the Soviet Union, as the controlling power in world communism, be made to abide by its United Nations membership obligations concerning aggression and colonialism by ordering the withdrawal of all Soviet and mainland Chinese troops, agents, colonialists and controls from the captive nations and returning to their respective homelands all political prisoners and exiles now in slave labor and prison camps; and be it further Resolved, That the President of the United States is further authorized and requested to instruct the United States Ambassador to the United Nations to bring before the General Assembly of that body and press for early approval of any measure or measures which would guarantee internationally supervised free elections by secret ballot in the captive nations; and be it further Resolved, That the President of the United States is further authorized and requested to use all the diplomatic, treatymaking, and appointive powers vested in him by the Constitution to augment and support actions taken by the United States Ambassador to the United Nations in the interest of self-determination for the captive nations. CIVIL RIGHTS ACT OF 1964 The Senate resumed the consideration of its unfinished business, viz, the bill (H.R. 7152) to enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes. The question being on agreeing to the amendments proposed by Mr. LONG of Louisiana to the amendments proposed by Mr. TALMADGE (for himself and others), Mr. HILL raised a question as to the presence of a quorum; Whereupon The PRESIDING OFFICER (Mr. BARTLETT in the chair) directed the roll to be called; MESSAGE FROM THE HOUSE A message from the House of Representatives, by Mr. Hackney, one of its clerks: Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, viz, S. 2214, I am directed to bring the same to the Senate for the signature of its President. ENROLLED BILL SIGNED The Secretary reported that he had examined and found truly enrolled the bill (S. 2214) to amend the International Development Association Act to authorize the United States to participate in an increase in the resources of the International Development Association. The Acting President pro tempore thereupon signed the same. CIVIL RIGHTS ACT OF 1964 The Senate resumed the consideration of its unfinished business, viz, the bill (H.R. 7152) to enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes. The question being on agreeing to the amendments proposed by Mr. LONG of Louisiana to the amendments proposed by Mr. TALMADGE (for himself and others), INQUIRY INTO FINANCIAL OR BUSINESS INTERESTS OR ACTIVITIES, INCLUDING USE OF CAMPAIGN FUNDS, BY SENATORS AND SENATE EMPLOYEES Mr. HOLLAND, by unanimous consent yielded for a period not to exceed 40 minutes, to Mr. MANSFIELD for a quorum call and a request for the consideration of the resolution (S. Res. 330) to inquire into the financial or business interests or activities, including use of campaign funds, of any Member or former Member of the Senate, officer, employee, or former employee of the Senate, time to be equally divided and controlled by Mr. WILLIAMS of Delaware and Mr. MANSFIELD. Mr. MANSFIELD raised a question as to the presence of a quorum; Whereupon are Bartlett Bayh Bible Burdick Byrd, W. Va. Cannon Church When Clark Seventy Senators answered to their names, as follows: Dodd Ellender Fulbright McClellan McGee McGovern Douglas Eastland Ellender Fong A quorum being present, Williams, N.J. Williams, Del. Yarborough Young, Ohio On motion by Mr. WILLIAMS of Delaware, and by unanimous consent, The Senate proceeded to consider the resolution (S. Res. 330) to inquire into the financial or business interests or activities, including use of campaign funds, of any Member or former Member of the Senate, officer, employee, or former employee of the Senate. On the question of agreeing to the resolution, On motion by Mr. CURTIS to amend the resolution, as follows: On page 2, after line 13, insert the following: Sec. 2. Such resolution is further amended by inserting immediately after the first sentence thereof the following new sentence: "Any three members of the committee may request that a witness or witnesses be called to testify before the committee and all such requests shall be honored by the chairman." On page 2, line 14, strike out "Sec. 2" and insert Sec. 3 After debate, The question being taken on agreeing to the amendments proposed by Mr. CURTIS, So the amendment was agreed to. On the question of agreeing to the resolution, as amended, On motion by Mr. MANSFIELD, The yeas and nays, being desired by one-fifth of the Senators present, were ordered on the question of agreeing to the resolution, as amended. Pending debate, Mr. MANSFIELD, while addressing the Senate, was called to order by Mr. CASE under rule XIX. The PRESIDING OFFICER (Mr. KENNEDY in the chair) held that in the opinion of the Chair, Mr. MANSFIELD had not violated any rule of the Senate and that Mr. MANSFIELD had the floor. From the decision of the Chair Mr. CASE appealed to the Senate. Pending debate, On motion by Mr. MANSFIELD to lay on the table the resolution, as amended, On motion by Mr. MANSFIELD, The yeas and nays, being desired by one-fifth of the Senators present, were ordered on the question of agreeing to the motion. The PRESIDING OFFICER declared that the time allotted for the consideration of the resolution had expired and directed the roll to be called on Mr. MANSFIELD's motion. The question being taken on agreeing to lay on the table the resolution, as amended, Eastland Ellender Ervin Fulbright Hartke Hayden Hill Holland Humphrey Inouye Johnston Jordan, N.C. Kennedy Long, La. Mansfield McCarthy McClellan McGee McGovern McIntyre |