11092 any class, classes, or bands thereof, com- menced and prosecuted under the authority of the acts of Congress approved March 19, 1924 (43 Stat. 27), and/or April 25, 1932 (47 Stat. 137), or upon final determination by the Indian Claims Commission of any claim of the said Indians, sometimes known as the Cherokee Nation, or by any class, classes, or bands thereof, under the authority of the act entitled ‘An act to create an In- dian Claims Commission, to provide for the powers, duties and functions thereof, and for other purposes,’ approved August 13, 1946 (60 Stat. 1049); and “(2) in the event that judgment or judg- ments shall be rendered by the Court of Claims in favor of said Indians, or any of them, or that favorable determination shall be given by the Indian Claims Commission to any euch claim presented to the Com- mission; is hereby authorized and directed to include in its decrees, or favorable determinations of any such claims, allowances to the heirs, personal representatives, or assigns, of Frank J. Boudinot, deceased, a former member of the Cherokee Tribe of Indians, who for many years was active in pressing the claims of the Cherokees against the United States by their request and direction and at his own expense, of & reasonable percentage, not to exceed 5 percent, of the amount allowed with respect to any such claim: Provided, That such allowances to the heirs, personal repre- sentatives, or assigns, of the said Frank J. Boudinot shall be in addition to any and fll fees and expenses authorized by said acts of Congress, of March 19, 1924, April 25, 1932, and August 13, 1946; and this act shall not be construed to affect tn any way the con- tracts with attorneys entered into there- under: Provided further, That such allow- ances shall not be construed aa a basis for any claim against the United States: Pro- vided further, That the allowance in the aggregate shall not exceed 100,000.” JURISDICTION IN CLAIM OF LOUIS J. MARX The Senate proceeded to consider the bill (H. R. 4528) to confer jurisdiction upon the Court of Claims to hear, deter- mine, and render judgment upon the claim of Louis J. Marx, which had been reported from the Committee on the Judiciary with an amendment, to strike out all after the enacting clause, and insert: That, notwithstanding the provisions of title 28, United States Code, section 2680, Jur- isdiction is hereby conferred upon the United States District Court for the southern district of New York to hear, determine, and render judgment upon the claim of Louls J. Marx, New York, N. Y., against the United States on account of personal injuries sus- tained allegedly as a result of an assault by a soldier in the United States Army. Sxc. 2. Notwithstanding any statute of lim- itations or lapse of time, suit upon such claim may be instituted within any time of 1 year of the enatctment of this act. In any such suit brought pursuant to this act, pro- ceedings shal] be had and the Hability, if any, of the United States shall be determined tn accordance with the provisions of law applicable in the case of tort claims against the United States (U. 8. C., title 28, sec. 1346 (b) ): Provided, however, That nothing in this act does or shall constitute an admission of liability on the part of the United States. The amendment was agreed to. Mr. SCHOEPPEL. Mr. President, I should like to ask the distinguished Sen- ator how the bill will help the claimant, since the Government will not be Mable for the events, under the Tort Claims Act? CONGRESSIONAL RECORD—SENATE Mr. McCARRAN. Mr. President, the bill would give him a right of action, re- gardless of the Tort Claims Act. Let me say, in further explanation, and in further reply to the Senator, that the bill confers jurisdiction on the United States District Court to hear, de- termine and render judgment on this claim growing out of an altercation be- tween this 70-year-old man and a United States soldier. The altercation, which occurred on or near a United States Army motor pool in New York City, resulted in a hip in- jury requiring the expenditure of an amount in excess of $10,000; and per- manent disavility is alleged. Several judicial determinations must be made, and the United States District Court is equipped to make them. Mr. SCHOEPPEL. I thank the Sena- tor. I thought that one phase of this matter should be cleared up, because some of us have thought the question should be raised and cleared. The PRESIDING OFFICER. If there be no further amendment to be proposed, the question is on the engrossment of the amendment and third reading of the bill. The amendment was ordered to be en- shana and the bill to be read a third ime. The bill was read the third time, and passed. The title was amended so as to read: “An act conferring jurisdiction on the United States District Court for the Southern District of New York to hear, determine, and render judgment upon the claim of Louis J. Marx.” AMENDMENT OF FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949 The bill (S. 3959) to amend the Fed- eral Property and Administrative Serv- ices Act of 1949, and for other purposes, was announced as next in order. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? Mr. DOUGLAS. Mr. President, a par- liamentary inquiry. The PRESIDING OFFICER, The Senator will state it. Mr. DOUGLAS. In checking my copy of the calendar, I do not find a report for this bill. Let me ask whether a report on it has been filed. Mr. McCLELLAN. Mr. President, what is the calendar number of the bill? The , PRESIDING OFFICER. It is Calendar No. 2140. Mr. DOUGLAS. The report is not in my copy of the calendar, but I now find that a report was filed. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? There being no objection, the bill (8. 3959) was considered, ordered to be en- grossed for a third reading, read the third time, and passed, as follows: Be it enacted, etc., That the parenthetical expression appearing in clause (1) of the final sentence of subsection (a) of section 109 of the Federal Property and Administra- tive Services Act of 1949 (Public Law 162, Bist Cong.) is amended to read as follows: “(including the purchase from or through the Public Printer, for warehouse issue, of atandard forms, blank-book work, standard JULY 26 specifications, and other printed material In common use by Federal agencies not avail- able through the Superintendent of Docu- ments)". Src. 2. (a) Clause (2) of the final sen- tence of subsection (a) of section 109 of the Federal Property and Administrative Services Act of 1949, as hereinbefore amended, is amended to read as follows: “(2) for paying the purchase price, trans- portation to first storage point of supplies and services, and the cost of personal serv- ices employed directly in the repair, rehabili- tation, and conversion of personal property.” (b) The third sentence of subsection (b) of section 109 of such act is amended to read as follows: “On and after such date, such prices shall be fixed at levels so as to recover ao far as practicable the applicable purchase price, the transportation cost to first storage point, inventory losses, the cost of personal services employed directly in the repair, re- habilitation, and conversion of personal property, and the cost of amortization anda repair of equipment utilized for lease or rent to executive agencies.” (c) The amendments made by this section shall be effective on the date, not earlier than July 1, 1950, on which the Administra- tor of General Services shall determine that appropriated funds adequate to eflectuate the purposes of such amendments have been mede available. Src. 3. (a) The final sentence of subsece tion (b) of section 109 of the Federal Prop- erty and Administrative Services Act of 1949 is amended to read as follows: “Where an advance of funds is not made, the General Services Adminstration shall be reimbursed promptly out of funds of the requisitioning agency in accordance with accounting pro- cedures approved by the Comptroller Gen- eral: Provided, That in any case where pay- ment shall not have been made by the re- quisitioning agency within 45 days after the date of billing by the Administrator or the date on which an actual Mablility for sup- plies or services is incurred by the Adminis- trator, whichever is the later, reimburse ment may be obtained by the Administrator by the issuance of transfer and counterwar- rants, or other lawful transfer documents, supported by itemized invoices.” (b) Section 1009 of the Federal Property and Administrative Services Act of 1949 1s amended by adding at the end thereof the following new subsection: “(g) Whenever any producer or vendor shall tender any article’ or commodity for sale to the General Services Administration or to any procurement authority acting under the direction and control of the Ad- ministrator pursuant to this act, the Ad- ministrator is authorized in his discretion, with the consent of such producer or vendor, to cause to be conducted, in such manner as the Administrator shall specify, such tests as he shall prescribe to determine whether such article or commodity conforms to pre- scribed specifications and standards. When the Administrator determines that the mak- ing of such teste will serve predominantly the interest of such producer or vendor, he shal) charge such producer or vendor a fee which shall be fixed by the Administrator in such amount as will recover the cost of con- ducting such tests, including all components of such cost, determined in accordance with accepted accounting principles. When the Administrator determines that the making of such tests will not serve predominantly the interest of such producer or vendor, he shall charge such producer or vendor such fee as he shall determine to be reasonable for the furnishing of such testing eervice. All such fees collected by the Administrator may be deposited in the General Supply Fund to be used for any purpose authorized by subsection 109 (a) of this act.” Suc. 4. Paragraphs (1) and (2) of section 208 (j) of the Federal Property and Adminis-
1950 trative Services Act of 1049 are amended to read as follows: “(1) Under such regulations as he may prescribe, the Administrator is authorized in his discretion to donate for educational pur- poses or public health purposes, including research, in the States, Territories, and Pos- sessions without cost (except for costs of care and handling) such equipment, ma- terials, books, or other supplies under the control of any executive agency as shall have been determined to be surplus property and which shall have been determined under paragraph (2) or paragraph (3) of this sub- section to be usable and necessary for educa- tional purposes or public health purposes, including research. “(2) Determination whether such surplus property (except surplus property donated in conformity with paragraph (8) of this sub- section) 1s usable and necessary for educa- tional purposes or public health purposes, including regearch, shall be made by the Fcd- eral Security Administrator, who shall allo- cate such property on the basis of needs and utilization for transfer by the Administrator of General Services to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges, and uni- versities, and to other nonprofit medical in- stitutions, hospitals, clinics, health centers, echools, colleges, and universities which have been held exempt from taxation under sec- tion 101 (6) of the Internal Revenue Code, or to State departments of education or health for distribution to such tax-supported and nonprofit medical institutions, hospi- tals, clinics, health centers, school systems, schools, colleges, and universities; except that in any State where another agency is designated by State law for such purpose such transfer sk.all be made to said agency for such distribution within the State.” Src. 5. The Federal Propérty and Adminis- trative Services Act of 1949 is amended by— (a) redesignating section 210 thereof as section 212, and wherever such section num- ber appears in such act as originally en- acted, it is amended to conform to the re- designation prescribed by this subsection; (b) inserting in the table of contents ap- pearing in the first section of such act, im- mediately after the line in which “Sec. 209." appears, the following: “Sec. 210. Operation of buildings and re- lated activities, “Src. 211. Motor vehicle identification.” (c) inserting, immediately after section 209 thereof, the following new sections: “OPERATION OF BUILDINGS AND RELATED ACTIVITIES “Sec. 210. (2) Whenever and to the extent that the Administrator has been or hereafter may be authorized by any provision of law other than this subsection to maintain, oper- ate, and protect any building, property, or grounds tituated in or outside the District of Columbia, including the construction, re- pair, preservation, demolition, furnishing, and equipment thereof, he is authorized in the discharge of the duties so conferred upon him— “(1) to purchase, repair, and clean uni- forms for civilian employees of the General Services Administration who are required by Jaw or regulation to wear uniform clothing; “(2) to furnish arms and ammunition for the protection force maintained by the Gen- eral Services Administration; “(8) to pay ground rent for buildings owned by the United States or occupied by Federal agencies, and to pay such rent in advance when required by law or when the Administrator shall determine such action to be in the public interest; “(4) to employ and pay personnel em- ployed in connection with the functions of operation, maintenance, and protection of property at such per diem rates as may be approved by the Administrator, not exceed- ing rates currently paid by private industry CONGRESSIONAL RECORD—SENATE for similar services in the place where such services are performed; “(5) without regard to the provisions of section 322 of the act of June 80, 1932 (47 Btat. 412), as amended, to pay rental, and to make repairs, alterations, and improvements under the terms of any lease entered into by, or transferred to, the General Services Administration for the housing of any Fed- eral agency which on June 80, 1950, was specifically exempted by law from the re- quirements of said section: “(G) to obtain payments, through ad- vances or otherwise, for services, space, quarters, maintenance, repair, or other fa- cilities turnished, on a reimbursable basis, to any other Federal agency, or any mixed- ownership corporation (as defined in the Government Corporation Control] Act), or the District of Columbia, and to credit such pay- ments to the applicable appropriation of the General Services Administration; “(7) to make changes in, maintain, and repair the pneumatic tube system connect- ing buildings owned by the United States or occupied by Federal agencies in New York City installed under franchise of the city of New York, approved June 29, 1909, and June 11, 1828, and to make payments of any ob- ligations arising thereunder in accordance with the provisions of the acts approved Au- gust 5, 1909 (36 Stat. 120), and May 15, 1928 (45 Stat. 533); “(8) to repair, alter, and tmprove rented premises, without regard to the 25 percent limitation of section 322 of the act of June 80, 1932 (47 Stat. 412), as amended, upon a determination by the Administrator that by reason of circumstances set forth in such de- termination the execution of such work, without reference to such Hmitation, is ad- vantageous to the Government in terms of economy, efficiency, or national security. A copy of every such determination so made shall be furnished to the General Accounting Office; “(9) to pay sums in lieu of taxes on real property declared surplus by Government corporations, pursuant to the Surplus Prop- erty Act of 1944, where legal title to such property remains in any such Government corporation; “(10) to furnish utilities and other serv- ices where such utilities and other services are not provided from other sources to per- sons, firms, or corporations occupying or utl- lizing plants or portions of plants which constitute (A) a part of the National In- dustrial Reserve pursuant to the National Industrial Reserve Act of 1948, or (B) sur- plus real property, and to credit the amounts received therefrom to the applicable appro- priation of the General Services Administra- tion; “(11) at the direction of the Secretary of Defense, to use proceeds received from in- surance against damage to properties of the National Industrial Reserve for repair or restoration of the damaged properties; and “(12) to acquire, by purchase, condemna- tion, or otherwise, real estate and interests therein. “(b) At the request of any Federal agency or any mixed-ownership corporation (as defined in the Government Corporation Con- trol Act), or the District of Columbia, the Administrator is hereby authorized to op- erate, maintain, and protect any building owned by the United States (or, in the case of any wholly owned or mixed-ownership Government corporation, by such corpora- tion) and occupied by the agency or instru- mentality making such request. “(c) At the request of any Federal agency or any mixed-ownership corporation (as de- fined in the Government Corporation Con- trol Act), or the District of Columbia, the Administrator ts hereby authorized (1) to acquire land for buildings and projects au- thorized by the Congress; (2) to make or cause to be made, under contract or other- Wise, surveys and test borings and to pre- 11093 pare plans and speolfications for such bulld- ings and projects prior to the approval by the Attorney General of the title to the sites thereof; and (3) to contract for, and to supervise, the construction and develop- ment and the equipping of such buildings or projects. Any sum available to any such Federal agency or instrumentality for any such building or project may be transferred by such agency to the General Services Ad- ministration in advance for such purposes as the Administrator shall determine to be necessary, including the payment of salaries and expenses of personnel engaged in the preparation of plans and specifications or in field supervision, and for general office ex- penses to be incurred in the rendition of any such service, “(d) Whenever the Director of the Bureau of the Budget shall determine such action to be in the interest of economy or efficiency, he shall transter to the Administrator all functions then vested in any other executive agency with respect to the operation, main- tenance, and custody of any office building owned by the United States or any wholly owned Government corporaation, or any office building or part thereof occupied by any executive agency under any lease, except that no transfer shall be made under this subsection— “(1) of any post-office building unless the Director shall first determine that such building is not used predominantly for post- office purposes, and functions which are transferred hereunder to the Administrator with respect to any post-office building may be delegated by him only to another officer or employee of the General Servicea, Admin- istration or to the Postmaster General; “(2) of any building located in any fore elgn country; “(3) of any building located on the grounds of any fort, camp, post, arsenal, navy yard, naval training station, air field, proving ground, military supply depot, or school, or of any similar facility of the De- partment of Defense, unless and to such ex- tent as a permit for ils use by another agency or agencies shall have been issued by the Secretary of Defense or his duly authorized representative; “(4) of any building which the Director of the Bureau of the Budget finds to be a part of a group of buildings which are (A) Jocated in the same vicinity, (B) utilized wholly or predominantly for the spectal purposes of the agency having custody thereof, and (C) not generally suitable for the use of other agencies; or “(5) of the Treasury Building, the Bu- reay of Engraving and Printing Building, the butidings occupled by the National Bu- reau of Standards, and the buildings under the jurisdiction of the regents of the Smith- sOnian Institution. “(e) Notwithstanding any other provision of law, the Administrator is authorized to assign and reassign space of all executive agencies in Government-owned and leased buildings in and outside the District of Co- lumbia upon a determination by the Ad- ministrator that such assignment or reas- signment is advantageous to the Government in terms of economy, efficiency, or national security. “MOTOR VEHICLE IDENTIFICATION, ,, “Src. 211. Under regulations prescribed by the Administrator, every motor vehicle ac- quired and used for official purposes within the United States, ita Territories, or posses- sions, by any Federal agency or the District of Columbia shall be conspicuously identified by showing thereon either (a) the full name of the department, establishment, corpora- tion, or agency by which it is used and the service in which it is used, or (b) a title descriptive of the service in which it is used if such title readily identifies the depart- ment, establishment, corporation, or agency concerned, and the legend ‘For official use
11094 only’: Provided, That the regulations issued pursuant to this section may provide for exemptions from the requirements of this section when conspicuous identification would tnterfere with the purpose for which a vehicle is acquired and used.” Src 6 The Federal Property and Adminis- trative Services Act of 1949 is amended by— (a) redesignating “title V’’ of such act as “title VI" thereof, and “title V'', wherever it appears therein, is amended to read “title VI", (b) redesignating sections 501-505, inclu- sive, of such act, respectively, as sections 601--605, inclusive, thereof, and wherever any such section number appears in such act as originally enacted, it ts amended to con- form in numbering to the redesignation pre- sciibed by this subsection; (c) inserting at the proper place in the table of contents to such act the following: “TrTLE V—FEDERAL RECORDS “Sec. 501. Short title. . “Sec 502, Custody and control of property. “Sec 503. National Historical Publications Commission “Sec CO4 Federal Records Council. “Sec 505. Records management; the Ad- ministrator “Sec 606. heads. “Sec 507 “Bec, 508 “Bec 509. Records management; agency Archival administration. Reports Legal status of reproductions. “Sec 610. Limitation on Hability. “Sec 611. Definitions.” (d) inserting, immediately following title IV thereof, the following new title: “Trrty V-—FEpERAL RECORDS “SHORT TITLE “Src 601 This title may be cited as the ‘Federal Records Act of 1950’. “CUSTODY AND CONTROL OY PROPERTY “Spc. 602 The Administrator shall have immediate custody and control of the Na- tional Archives Building and its contents, and shall have authority to design, construct, purchase, lease, maintain, operate, protect, and improve bulldings used by him for the storage of records of Federal agencies in the District of Columbia and elsewhere. “NATIONAL HISTORICAL PUBLICATIONS COMMISSION “Sec 503 (a) There is hereby created a National Historical Publications Commission consisting of the Archivist (or an alternate designated by him), who shall be Chairman; the Librarian of Congress (or an alternate designated by him); one Member of the United States Senate to be appointed, for a term of 4 years, by the President of the Senate; one Member of the House of Repre- sentatives to be appointed, for a term of 2 years, by the Speaker of the House of Rep- resentatives, one representative of the ju- dicial branch of the Government to be appointed, for a term of 4 years, by the Chief Justice of the United States; one representa- tive of the Department of State to be ap- pointed, for a term of 4 years, by the Sec- retary of State; one representative of the Department of Defense to be appointed, for a term of 4 years, by the Secretary of Defense; two members of the American Historical Association to be appointed by the council of the said association, one of whom shall serve an initial term of 2 years and the other an tnitial term of 3 years, but their suc- cessors shall be appointed for terms of 4 ycars; and two other members outstanding in the field of the social or physical sciences to be appointed by the President of the United States, one of who shall serve an inittal term of 1 year and the other an initial term of three years, but their successors shall be appointed for terms of 4 years. The Commission shall meet annually and on call of the Chairman, CONGRESSIONAL RECORD—SENATE “(b) Any person appointed to fill a vacancy in the membership of the Commission shall be appointed only for the unexpired term of the member whom he shall succeed, and his appointment shall be made in the same manner in which the appointment of his predecessor was made. “(c) The Commission is authorized to ap- point, without reference to the Classification Act of 1949 (Public Law 429, 81st Cong. approved October 28, 1949), an executive director and such an editorial and clerical staff as the Commission may determine to be necessury, Members of the Commission who represent any branch or agency of the Government shall serve as members of the Commission without additional compensa~ tion, All members of the Commission shall be reimbursed for transportation expenses incurred in attending meetings of the Com- mission, and all such members other than those who represent any branch or agency of the Government of the United States shall receive in Meu of subsistence en route to or from or at the place of such service, for each day actually spent in connection with the performance of their duties as members of such Commission, such sum, not to exceed $25, as the Commission shall prescribe “(d) The Commission shall make plans, estimates, and recommendations for such historical works and collections of sources as it deems appropriate for printing or other- wise recording at the public expense. The Commission shall also cooperate with and en- courage appropriate Federal, State, and local agencies and nongovernmental institutions, societies, and individuals In collecting and preserving and, when it deems such action to be desirable, in editing and publishing the papers of outstanding citizens of the United States and such other documents as may be important for an understanding and appre- ciation of the history of the United States. The Chairman of the Commission shall trans- mit to the Administrator from time to time, and at least once annually, such plans, esti- mates, and recommendations as have been approved by the Commission. “FEDERAL RECORDS COUNCIL “Sec 504 The Administrator shall establish a Federal Records Council, and shall advise and consult with the Council with a view to obtaining its advice and assistance in carry- ing out the purposes of this title. The Council shall include representatives of the legislative, judicial, and executive branches of the Government in such number as the Administrator shall determine, but such Council shall include at least four represent- atives of the legislative branch, at least two representatives of the Judicial branch, and at least six representatives of the executive branch. Members of the Council represent- ing the legislative branch shall be designated, in equal number, by the President of the Sen- ate and the Speaker of the House of Repre- sentatives, respectively. Members of the Council representing the judicial branch shall be designated by the Chief Justice of the United States The Administrator is author- ized to designate from persons named by the head of any executive agency concerned, not more than one representative from such agency to serve as a member of the Council. Members of the Council shall serve without compensation, but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties as members of the Council. The Council shall elect its chairman, and shall meet at least once annually. “RECORDS MANAGEMENT; THE ADMINISTRATOR “Src, 505. (a) The Administrator shall make provisions for the economical and effi« clent management of records of Federal agencies (1) by analyzing, developing, pro- moting, and coordinating standards, proced- ures, and techniques designed to improve the management of records, to insure the maine JULY 26 tenance and security of records deemed ap- propriate for preservation, and to facilitate the segregation and disposal of records of temporary value, and (2) by promoting the efficient and economical utilization of space, equipment, and supplies needed for the pur- pose of creating, maintaining, storing, and servicing records. “(b) The Administrator shall establish standards for the selective retention of rec- ords of continuing value, and assist Pederal agencies in applying such standards to rec- ords in thelr custody, and he shall notify the head of any Federal agency of any actual, tmpending, or threatened unlawful removal, defacing, alteration, or destruction of records in the custody of such agency that shall come to his attention, and assist the head of such agency in initlating action through the At- torney General for the recovery of such rece ords as shall have been unlawfully removed and for such other redress as may be provided by law. “(c) The Administrator Is authorized to inspect or survey personally or by deputy the records of any Federal agency, as well as to make surveys of records management and records disposal practices in such agencics, and shall be given the full cooperation of officials and employees of agencies in such in- spections and surveys: Provided, That rece ords, the use of which is restricted by or pursuant to law or for reasons of national security or the public interest, shall be in- spected or surveyed in accordance with recu- lations promulgated by the Administrator, subject to the approval of the head of the custodial agency. “(ad) The Administrator is authorized to establish, maintain, and operate records cen- ters for the storage, processing, and servicing of records for Federal agencies pending their deposit with the National Archives of the United States or their disposition in any other manner authorized by law; and to establish, maintain, and operate centralized microfilming services for Federal agencies, “(e) Bubject to applicable provisions of law, the Administrator shall promulgate reg- ulations governing the transfer of records from the custody of one executive agency to that of another. “(f) The Administrator may empower any Federal agency, upon the submission of evi- dence of need therefor, to retain records for a longer period than that specified in dis- posal schedules approved by Congress, and, in accordance with regulations promulgated by him, may withdraw disposal authoriza- tions covering records listed in disposal schedules approved by Congress. “RECORDS MANAGEMENT; AGENCY HEADS “Src 506 (a) The head of each Federal agency shall cause to be made and preserved records containing adequate and proper docu- mentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency and designed to furnish the Information necessary to protect the legal and financial rights of the Govern- ment and of persons directly affected by the agency’s activities “(b) The head of each Federal agency shall establish and maintain an active, continu. ing program for the economical and efficient management of the records of the agency. Such program shall, among other things, pro- vide for (1) effective controls over the cre- ation, maintenance, and use of records in the conduct of current business; (2) co- operation with the Administrator in apply- ing standards, procedures, and techniques designed to improve the management of rece ords, promote the maintenance and security of recor*s deemed appropriate for preser- vation, and facilitate the segregation and disposal of records of temporary value; and (3) compliance with the provisions of this title and the regulations issued thereunder. “(c) Whenever the head of a Federal agency determines that substantial econo-
1950 mies or increased operating efficiency can be effected thereby, he shall provide for the storage, processing, and servicing of records that are appropriate therefor in a records center maintained and operated by the Ad- ministrator or, when approved by the Ad- ministrator, in such a center maintained and operated by tho head of such Federal agency. “(d) Any official of the Government who is authorized to certify to facts on the basis of records tn his custody, is hereby author- ized to certify to facts on the basis of rec- ords that have been transferred by him or his predecessors to the Administrator. “(e) The head of each Federal agency shall establish such safeguards against the removal or loss of records as he shall determine to be necessary and as may be required by regu- lations of the Administrator. Such safe-« guards shall include making it known to all officials and employees of the agoncy (1) that no records in the custody of the agency are to be alienated or destroyed except in accordance with the provisions of the act approved July 7, 1943 (57 Stat. 380-383), as amended July 6, 1945 (59 Stat. 434), and (2) the penalties provided by law for the unlaw- ful removal or destruction of records. “(£) The head of each Federal agency shall notify the Administrator of any actual, im- pending, or threatened unlawful removal, defacing, alteration, or destruction of records in the custody of the agency of which he is the head that shall come to his attention, and with the assistance of the Administrator shall initiate action through the Attorney General for the recovery of records he knows or has reason to belleve have been unlaw- fully removed from his agency, or from any other Federal agency whose records have been transferred to his legal custody. “(g) Nothing in this title shall be con. strued as Imiting the authority of the Comptroller General of the United States with respect to prescribing accounting sys- tems, forms, and procedures, or lessening the responsibility of collecting and disbursing officers for rendition of their accounts for settlement by the General Accounting Office. “ARCHIVAL ADMINISTRATION ‘Sec. 507. (a) The Administrator, when-~ ever it appears to him to be in the public interest, 1s hereby authorized— “(1) to accept for deposit with the Na-~ tional Archives of the United States the records of any Federal agency or of the Con. gress of the United States that are deter- mined by the Archivist to have sufficient his. torical or other value to warrant thei: con. tinued preservation by the United States Government; “(2) to direct and effect with the approval of the head of the originating agency (or if the existence of such agency shall have been terminated, then with the approval of his successor in function, if any) the trans- fer of records deposited (or approved for deposit) with the National Archives of the United States to public or educational in- stitutions or associations: Provided, That the title to such records shall remain vested in the United States unless otherwise au- thorized by Congress; and “(3) to direct and effect the transfer of materials from private sources authorized to be received by the Administrator by the provisions of subsection (e) of this section. “(b) The Administrator shall be respon. sible for the custody, use, and withdrawal of records transferred to him: Provided, That whenever any records the use of which is subject to statutory NMmitations and restrictions are so transferred, permissive and restrictive statutory provisions with re. spect to the examination and use of such records applicable to the head of the agency from which the records were transferred or to employces of that agency rhail thereafter likewise be applicable to the Administrator, CONGRESSIONAL RECORD—SENATE the Archivist, and to the employees of the General Services Administration, respec- tively: Provided further, That whenever the head of any agency shall specify in writ- ing restrictions that appear to him to be necessary or desirable in the public interest, on the use or examination of records being considered for transfer from his custody to the Administrator, the Administrator shall impose euch restrictions on the records so transferred, and shall not remove or relax such restrictions without the concurrence in writing of the head of the agency from which the material shail have been transferred (or if the existence of such agency shall have been terminated, then he shall not remove or release such restrictions without the con- currence of his successor in function, if any, of such agency head): Provided, how. ever, That statutory and other restrictions referred to in the provitos of this subsection shall not remain in force or effect after the records have been in existence for 60 years unless the Administrator by order shall de- termine with respect to specific bodies of records that such restrictions shall remain in force and effect for a longer period And provided further, That restrictions on the use or examination of records deposited with the National Archives of the United States heretofore imposed and now in force and effect under the terms of section 3 of the National Archives Act, approved June 19, 1934, shall continue in force and effect regardless of the expiration of the tenure of office of the official who imposed them but may be removed or relaxed by the Admin- istrator with the concurrence in writing of the head of the agency from which material has been transferred (or if the existence of such agency shall have been terminated, then with the concurrence in writing of his successor In function, if any). “(c) The Administrator shall make pro- visions for the preservation, arrangement, repair and rehabilitation, duplication and reproduction (including microscopy publi- cations), description, and exhibition of rec- ords transferred to him as may be needful or appropriate, including the preparation and publication of inventorics, indexes, cata- logs, and other finding aids or guides facili- tating their use; and, when approved by the National Historical Publications Commis- sion, he may also publish such historical works and colicctions of sources as scem appropriate for printing or otherwise record- ing at the public expense. “(d) The Administrator shall make such provisions and maintain such facilities as he deems necessary or desirable for servicing records in his custody that are not exempt from examination by statutory provisions or other restrictions. “(e) The Administrator may accept for deposit— “(1) the personal papers and other per- sonal historical documentary materials of the present President of the United States, his successors, heads of executive depart- ments, and such other officials of the Govern. ment as the President may designate, offered for deposit under restrictions respecting their use specified in writing by the pro- spective depositors: Provided, That restric- tions so specified on such materials, or any portions thereof, accepted by the Admin- istrator for such deposit shall have force and effect during the lifetime of the de. positor or for a period not to exceed 25 years, whichever is longer, unless sooner terminated in writing by the depositor or his legal heirs: And provided further, That the Archivist determines that the materials ac- cepted for such deposit will have continuing historical or other values; (2) motion-picture films, still pictures, and sound recordings from private sources that are appropriate for preservation by the Government as evidence of its organization, 11095 functions, policies, decisions, procedures, and transactions. Title to material. so deposited under this subsection shall pass to and vest in the United States. “(f) The Administrator is hereby author- ized to make and preserve motion-picture films, still pictures, and sound recordings pertaining to anc illustrative of the histori- cal development of the United States Gov- ernment and its activities, and to make pro- visions for preparing, editing, titling, scor- ing, processing, duplicating, reproducing, cx< hibiting, and releasing for nonprofit educn< tional purposes, motion-picture films, still pictures, and sound recordings in his custody, “REPORTS “Bec 608 (a) The Administrator is hereby authorized whenever he deems it neces- sary to obtain reports from Federal agencies on their activities under the provisions of this title and the act approved July 7, 1943 (67 Stat. 380-383), as amended July 6, 1945 (59 Stat 434). “(b) The Administrator shall, whenever he finds that any provisions of this title have been or are being violated, inform in writing the head of the agency concerned of such violations and make recommendations re- garding means of correcting them. Unless corrective measures satisfactory to the Ad- ministrator are iraugurated within a rea- sonable time, the Administrator shall sub- mit a written report thereon to the Presi- de t and the Congress, “LEGAL STATUS OF REPRODUCTIONS “Sec 609 (a) Whenever any records that are required by statute to be retained ine definitely have been reproduced by photo- graphic, microphotographic, or other proce esses, in accordance with standards estabe~ lished by the Administrator, the indefinite retention of such photographic, microphoto- graphic, or other reproductions will ba deemed to constitute compliance with the statutory requirement for the indefinite re- tention of such original records. Such re- productions, as well as reproductions made in complHance with regulations promulgated to carry out this title, shall have the same legal status as the originals thereof “(b) There shall be an official seal for the National Archives of the United States which shall be judicially noticed. When any copy or reproduction, furnished under the terms hereof, is authent cated by such official seal and certifed by the Admtluistrator, such copy or reproduction shall be admitted in evidence equally with the original from which it was made. “(c) The Administrator may charge a fee not in excess of 10 percent above the costs or expenses for making or authenticating copies or reproductions of materials trans- ferred to his custody. All such fees shall be paid into, administered, and expended as & part of the National Archives Trust Fund provided for in section 5 of the act approved July 9, 1941. There shall be no charge for making or authenticating copies or reproe ductions of such materials for official use by the United States Government: Provided, That reimbursement may be accepted to cover the cost of furnishing such copies or reproductions that could not otherwise be furnished. “LIMITATION ON LIABILITIES “Bec. 610. With respect to letters and other Intellectual productions (exclusive of ma- terial copyrighted or patented) after they, come into the custody or possession of the Administrator, neither the United States nor its agents shall be liable for any infringe- ment of literary property rights or analogous rights arising thereafter out of use of such’ materials for display, inspection, research, reproduction, or other purposes,
11096 “DEFINITIONS “Sec, 511. When used in this title— “(a) The term ‘records’ shall have the meaning given to such term by section 1 of the act entitled An act to provide for the disposal of certain records of the United States Government,’ approved July 7, 1943 (57 Stat. 380, as amended; 44 U. 8. C. 366); “(b) The term ‘record center’ means an establishment maintained by the Adminis- trator or by a Federal agency primarily for the storage, servicing, security, and proc~ essing of records that must be preserved for varying periods of time and need not be re- tained in office equipment and space; “(c) The term ‘servicing’ means making available for use information in records and other materials in the custody of the Ad- ministrator— “(1) by furnishing such records or other materials, or information from such records or other materials, or copies or reproductions thereof to agencies of the Government for official use and to the public; and “(2) by making and furnishing authentl- cated or unauthenticated copies or repro- ductions of such records and other materials; “(d) The term ‘National Archives of the United States’ means those official records that have been determined by the Archivist to have sufficient historical or other value to warrant their continued preservation by the United States Government, and have been accepted by the Administrator for deposit in his custody; “(e) The term ‘unauthenticated coptes’ means exact copies or reproductions of rec- ords or other materials that are not certified as such under seal and that need not be legally accepted as evidence; and “(1) The term ‘Archivist’ means the Ar- chivist of the United States.” Sec. 7. The Federal Property and Adminis- trative Services Act of 1949 is further amended by— (a) striking out tie word “and” preceding “(2)"' in subsection (d) of section 3 thereof; substituting a semicolon for the period at the end of said subsection; and adding at the end of such subsection the following: "and (3) records of the Federal Government.”; (b) striking out, in section 208 (a) there- of, the expression “and V”, and inserting in Meu thereof the expression "V, and VI"; (c) striking out, in section 208 (b) there- of, the expression “and V”, and inserting in lieu thereof the expression “V, and VI"; (ad) striking out the word “and” at the end of paragraph (30) of section 602 (a); striking out the period at the end of para- graph (31) of section 602 (a) and inserting in Neu thereof a semicolon; and adding at the end of section 602 (a) the following new paragraphs: (82) the act entitled ‘An act to establish @ National Archives of the United States Gov- ernment, and for other purposes,’ approved June 19, 1984 (48 Stat. 1122-1124, as amended; 44 U. 8. C. 300, 300a, 300c-k); and (88) section 4 of the act of February 3, 1905 (38 Stat. 687, as amended; 5 U. S. C. q7)." (e) amending subsection 602 (b) and (c) thereof to read as follows: “(b) There are hereby superseded— (1) the provisions of the first, third, and fifth paragraphs of section 1 of Executive Order No. 6166 of June 10, 1933, insofar as they relate to any function now admints- tered by the Bureau of Federal Supply except functions with respect to standard contract forms; and “(2) sections 2 and 4 of the act entitled ‘An act to provide for the disposal of certain records of the United States Government’, approved July 7, 1943 (57 Stat. 381, as amended; 44 U. 8. C. 367 and 869), to the extent that the provisions thereof are incon- sistent with the provisions of title V of this act. CONGRESSIONAL RECORD—SENATE “(c) The authority conferred by this act shall be in addition and paramount to any authority conferred by any other law and shall not be subject to the provisions of any law inconsistent herewith, except that sec- tions 205 (b) and 206 (c) of this act shall not be applicable to any Government cor- poration or agency which is subject to the Government Corporation Control Act (59 Stat. 597; 81 U. 8. C. 841).” {f) amending paragraphs (17), (18), and (19) of section 602 (d) thereof to read as follows: (17) the Central Intelligence Agency; “(18) the Joint Committee on Printing, under the act entitled ‘An act providing for the public printing and binding and the dis- tribution of public documents,’ approved January 12, 1895 (28 Stat. 601), as amended, or any other act; or “(19) for such period of time as the Presi- dent may specify, any other authority of any executive agency which the President deter- mines within 1 year afver the effective date of this act should, in the public interest, stand unimpaired by this act.” (g) striking out the period at the end of section 608 (an) thereof and inserting in leu thereof a comma and the following: “includ- ing payment in advance, when authorized by the Administrator, for library memberships in socleties whose publications aro available to members only, or to members at a price lower than that charged to the general public.” Src, 8. (a) Subsection 8 (b) of the Fed- eral Property and Administrative Services Act of 1949 is amended to read as follows: “(b) The term ‘Federal agency’ means any executive agency or any establishment in the legislative or judicial branch of the Govern- ment (except the Senate, the House of Rep- resentatives, and the Architect of the Cap-~ itol and any activities under his direction) .” (b) Section 201 (b) of the Federal Prop- erty and Administrative Services Act of 1949 is amended by striking out the expression “or the Senate, or the House of Repre- sentatives,”. (c) Section 602 of the Federal Property and Administrative Services Act of 1949 is amended by redesignating subsection (e) thereof as subsection (f) and inserting, im- mediately after subsection (d) thereof, the following new subsection: “(e) No provision of this act as originally enacted or as subsequently amended shall apply to the Senate or the House of Repre- sentatives (including the Architect of the Capitol and any building, activity, or func- tion under his direction), but any of the services and facilities authorized by this act to be rendered or furnished shall, as far as practicable, be made available to the Sen- ate, the House of Representatives, or the Architect of the Capitol, upon their request. If payment would be required for the rendi- tion or furnishing of a similar service or facility to an executive agency, payment therefor shall be made by the recipient thereof, upon presentation of proper vouch- ers, in advance or by reimbursement (as may be agreed upon by the Administrator and the officer or body making such request). Such payment may be credited to the ap- plicable appropriation of the executive agency receiving such payment. Notwith- standing the provisions of this subsection, subsection 210 (b) and subsection 210 (c) of this act shall not apply to any building, project or grounds, or to any activity, here- tofore placed under the Architect of the Capitol by any provision of law.” Sec. 9. The Federal Property and Admin- istrative Services Act of 1949, section 205 (h), is hereby amended by striking out the last word of the sentence “title” and insert- ing in lieu thereof the word “act.” Sec. 10, (a) Whenever any contract made on behalf of the Government by the head JULY 26 of any Federal agency, or by officers author- ized by him so to do, includes a provision for Hquidated damages for delay, the Comp- troller General upon recommendation of euch head is authorized and empowered to remit the whole or any part of such dam- ages as in his discretion may be just and equitable. (b) Section 306 of the Federal Property and Administrative Services Act of 1049 its hereby repealed, and this section shall be effective as of July 1, 1949. Src. 11. All laws or parts of laws in conflict with the provisions of this act or with any amendment made thereby are, to the extent of such conflict, hereby repealed. Mr. McCLELLAN. Mr. President, in connection with Senate bill 3959, Calen- dar No. 2140, I ask unanimous consent to have printed in the Recorp, following the action on the bill, a letter from the Acting Comptroller General. I may say that the bill is approved by him. There being no objection, the letter was ordered to be printed in the Recorp, as follows: CoMPTROLLER GENERAL OF THE UNITED STATES, Washington, July 25, 1950. Hon. JoHN L. McCLEtLan, Chairman, Committee on Expenditures wn the Executive Departments, United States Senate. My Dean Mr. CHarrnMaN: In accordance with informal request of yesterday from a member of the staff of your committee, I am pleased to give you the views of the General Accounting Office on 8. 3059, Eighty- first Congress, entitled “A bill to amend the Federal Property and Administrative Services Act of 1949, and for other purposes.” The bill is a redraft of 5. 3842 which was the subject of my report to you of July 18, 1950. That report contained a section-by- section analysis of 8S, 3842 and the recom- mendations of the General Accounting Office thereon. The recommended changes are in- corporated in §. 8959, along with certain others of a technical nature. Accordingly, the bill 8. 3959 has the approval of the General Accounting Office. It is understood, also, that your commit- tee desires comment of the General Account- ing Office with respect to the desirability of the proposed section 6 of 8. 3959, which would be a Federal Records Act of 1950. Although the General Accounting Office is not the agency primerily concerned, it may be said that this section is designed to bring about improved management of Gov- ernment records. It would impose on the Administrator of General Services the prin- cipal responsibility to accomplish this pur- pose, w‘th the necessary measure of authority to carry out his responsibility in proper bal- ance with the duties and requirements of all the agencies. There would be a central agency, working in cooperation with all others, to lead and coordinate a program of more efficient and effective utilization, main- tenance, and disposal of records. The heads of the Federal agencies would have definite responsibilities in the program, and provision is made for full consideration of their jurisdiction and needs. They would be required to observe standards and princi- ples laid down by the Administrator of Gen- eral Services, within his authority, and any violation of the act would be reported by the Administrator to the Congress and the President. Adequate safeguards are pro- vided for the performance by the General Accounting Office of its assigned functions. The Comptroller General and I long have recognized the seriousness of the problems arising from the ever-growing volume of Government records. it is one in the solu- tion of which all of us—the Congress and
1950 the President, the departments and agencies, and the taxpayers—have a large stake. A carefully planned, concerted attack on the problem by all concerned is esgential. The proposed legislation appears well suited to the undertaking. It would establish a cen- tral responsible agency, and call for active participation by all the agencies. It would provide machinery to guide and assist those agencies in the betterment of their own 1ec- ords practices and procedures, Just as is the case in the accounting field, whe1e the Comp- troller General, the Secretary of the Treas- ury, and the Director, Bureau of the Budget— the heads of the three central fiscal agencles— have joined with all the agencies in a coop- erative program to improve Fcedoral account- ing and financial reporting, a comparable program for Federal records, under the lead- ership of the Administrator of General Serv- ices, should be a significant step toward Greater economy and efficiency in Govern- ment. I trust that this information will serve the purpose of your committee. Sincerely yours, Frank L Yates, Acting Comptrolle: General of the United States. EXCHANGE OF LANDS AT MANHATTAN BEACH, N. Y. The bill (H_ R. 5003) to provide for the exchange between the United States and the S:ate of New York of certain lands and interests in lands at Manhattan B:ach, Kings County, N. Y., was consid- erod, ordered to a third reading, read the third time, and passed . IVES. Mr. President, at this point, I ask unanimous consent to have printed in the Recorp, as a part of my remarks, a statement which I have pre- paied, in support of the bill which has just been passed. There being no objection, the state- ment was ordered to be printed in the ReEccrp, as follows: STATEMENT BY SENATOR IvES The purpose of this bill is to provide au- thority for an equitable exchange of ceriain lands at Manhattan Beach, N Y, betwecn the Federal Government and the State of New York A dispute has arisen between the Federal Government and the State as to the owner- ship of part of the land in question. The National Government has putchased from private owners some 50 acres of filled-in land extending out into certain inland waters to which the State claims title. In return for the State’s relinquishing its legal claim to these lands, on part of which the Federal Government has bullt a perma- nent maritime training station, the State receives under this bill some surplus lands totaling less than the 60 acres the claim to which the State has relinquished. The Attorney General of the United States and the attorney general of the State of New York had endeavored to reach an amicable settlement of this dispute by arranging for the identical exchange in lands which is herein authorized. Technicalities developed, however, and it was decided that the United States Attorney General required this specific enabling legislation before he could go through with his part of the agreement. It is to enable the State and Federal Govern- ments to consummate this previously agreed upon arrangement that this bill was intro- duced. The land to be received by the State of New York is in the midst of a crowded low- income housing area. Existing recreation facilities are severely overloaded and the lack of adequate playground space con- tributes to the excessive streat-accident and jJuvenile-dclioqucncy rate in the crea, CONGRESSIONAL RECORD—SENATE Plans have been completed for utilization of a considerable part of the land to be re- ceived by the State as a developed park area. Since the State plans, at considerable cost, to put this land—presently unused by the Federal Government and surplus—to constructive ure, the exchange seems in the best intorests of both govecnments. Mr. LEHMAN. Mr. President, I make a similar request, namely, to have in- serted at this point in the Recorp a statement in regard to the bill. There being no objection, the state- ment was ordered to be printed in the REcorRp, as follows: STATEMENT BY SENATOR LEHMAN This bill 1s similar to Senate Joint Rerolu- tion 177 which was jointly introduced by the two Senators from New York. This logis- lation attempts to settle a conflict of prop- erty interests between the Federal Govern- ment and the State of New York in an equi- table manner, and in the interests of both the pcople of New York and of the Nation In my opinion, the single most important result of the pacsage of this bill will be to permit the city of New York to create a water-front park for the recreational and educrtional benefit of the many hundreds of thoucands of residents of that area. Any- ond who has visited that section of New York City knows the disturbing amount of congestion in the two nearost swimming und recreation centers along the ocean front— Coney Island and Brighton Beach When this bill is passed, New York City will be able to develop this water-front park at Man- hattan Beach and thus directly contribute to the health and welfare of the citizens of Now York Therefore, I am very happy that this bill is now being considcred by the Scnate and I urge its speedy passage TRANSFER OF LAND AND IMPROVEMENTS TO NEW MEXICO STATE FAIR The bill (H. R. 6247) authorizing transfer of land and improvements thereon by the Secretary of the Interior to New Mexico State Fair, was announced as next in order. The PRESIDING OFFICER. Is theie objection to the present consideration of the bill? Mr. MORSE. Mr. President, may we have an explanation? Mr. ANDERSON. Mr. President, this bull relates to land originally owned by the New Mexico State Fair. In 1935 or 1936 the United States Government, through its Indian Service, asked for the privilege of erecting at the State fair a building in which there might be dis- plays of Indian arts. The State fair granted the land to the Federal Govern- ment, which constructed the building. However, the Federal Government now finds that it is not able to maintain the building. The State fair has said that if the land is transferred back to it, it will maintain the building and will permit the Indian Service to use any or all of the building that it may desire to use at any time for the purpose of fair exhibits, during the State fair. Therefore, we feel that the bill is a just bill, Mr. MORSE. I desire to ask one question. The Senator mentioned it, but I want to emphasize it. The bill provides that the Indian Service, and, through it, the Federal Government, shall continue to have the use of this 11097 building for its purposes, when, if, and as needed; {s that correct? Mr. ANDERSON. “When or = if” needed. Mr. MORSE. I think that is a rea- sonable position. iI have no objection. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? There being no objection, the bill (H. R. 6247) authorizing transfer of land and improvements thereon by the Secre- tary of the Interior to New Mexico State Fair was considered, ordered to a third reading, read the third time, and passed. ADDITIONAL USES OF CERTAIN LANDS BY BUFFALO, WYO. The bill (H. R. 7977) to authorize the city of Buffalo, Wyo., to make additional uses of certain lands, and for other pur- poses, was announced as next in order. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? Mr. MORSE. May we have an ex- planation? The PRESIDING OFFICER. An ex- Planation 1s desired. Mr. O’MAHONEY. Mr. President, as long ago as the act of February 25, 1907, which is certainly several years ago, the Federal Government transferred for park purposes to the city of Buffalo, Wyo., certain lands within the city. The bill is to permit the city to use the lands for hospital or other specific purposes. As a matter of fact, the conveyance was without limitation of any kind, and I have no doubt that lands could be used for this purpose anyway. Mr. MORSE. Mr. President, the rea- son I asked for an explanation was that I wanted the Recorp to show exactly what the Senator from Wyoming has just pointed out, that under the original grant there did not seem to be any limi- tation at all on the use. But even if there had been a limitation on the use, I desired the record to be clear. I am not going to object to this particular transfer, because it originally was made under the 1907 act, the spirit and in- tent of which clearly permit the use of this particular land for public purposes; and this certainly is a public purpose, within the spirit and intent of the orig- inal cct. Let me make clear for the record, though, that if an attempt were now made to transfer in the first instance Federal property for such purposes, it would be my position that the city of Buffalo would have to pay 50 percent of the appraised market value of the property. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? There being no objection, the bill (H. R. 7977) to authorize the city of Buf- falo, Wyo., to make additional uses of certain lands, and for other purposes, was considered, ordered to a third read- ing, read the third time, and passed. PAYMENTS TO STATES UNDER OIL LAND LEASING ACT OF 1920 The bill (H R. 6292) to provide that payments to States under the Oil Land
11098 Leasing Act of 1920 shall be made bian- nually was considered, ordered to a third reading, read the third time, and passed, Mr. O'MAHONEY subsequently said: Mr. President, we acted upon Calendar No. 2144, House bill 6292 a few moments ago, and passed the bill. After it had been passed I noted the heading on the report, which is as follows: Providing that payments to States under the Oil Land Leasing Act of 1920 shall be made biennially. That is an error. The title should read “semiannually.” I do not want the bill to be passed under that mistaken title on the report. The VICE PRESIDENT. Without ob- jection, the title of the report will be appropriately amended. FEES FOR COPIES OF INTERIOR DEPART- MENT RECORDS The bill (H. R. 6013) to amend an act fixing the price of copies of records fur- nished by the Department of the Interior was considered, ordered to a third read- ing, read the third time, and passed. CONFIRMATION OF TITLE IN V. LEBLANC AND C. RICCARD The bill (H. R. 2588) to confirm title in V. LeBlanc and C. Riccard to certain lands in West Baton Rouge Parish, La., was considered, ordered to a third read- ing, read the third time, and passed. ADDITION OF LAND TO CHICKAMAUGA AND CHATTANOOGA NATIONAL MILI- TARY PARK The bill (H. R. 7675), a bill to author- ize the addition of certain land to Chick- amauga and Chattanooga National Mil- itary Park, in the State of Tennessee, was announced as next in order. The VICE PRESIDENT. Is there ob- Jection to the present consideration of the bill? Mr. MORSE. Mr. President, may we have an explanation of the bill? The VICE PRESIDENT. An explana- tion is requested. Mr. OMAHONEY. Mr. President, this bill, as stated in the report, would au- thorize the Secretary of the Interior to accept donations of not to exceed 1,400 acres of land and interests in land with- in the Moccasin Bend of the Tennessee River lying west of the city of Chat- tanooga, as an addition to the existing park. The bill has the support of the Department, both Senators are for it, and the delegation from Tennessee is for it. Mr. MORSE, I have no objection. The PRESIDING OFFICER. Is there objection? There being no objection, the bill (H, R. 7675), a bill to authorize the ad- dition of certain land to Chickamauga and Chattanooga National Military Park, in the State of Tennessee, was consid- ered, ordered to a third reading, read the third time, and passed. ABOLISHMENT OF WHEELER NATIONAL MONUMENT, COLO. The bill (H. R. 7982) to abolish the Wheeler National Monument, in the State of Colorado, and to provide for the administration of the lands contained CONGRESSIONAL RECORD—SENATE therein as a part of the national forest within which such national monument is situated, and for other purposes, was considered, ordered to a third reading, read the third time, and passed. ABOLISHMENT OF HOLY CROSS NATIONAL MONUMENT, COLO. The bill (H. R. 7339) to abolish the Holy Cross National Monument, in the State of Colorado, and to provide for the administration of the lands contained therein as a part of the national forest within which such national monument is situated, and for other purposes, was considered, ordered to a third reading, read the third time, and passed. EXPANSION AND DISPOSITION OF NATIONAL CEMETERIES The bill (8. 2863) to provide for the expansion and disposition of certain national cemeteries was announced as next in order. The VICE PRESIDENT. Is there ob- Jection to the present consideration of the bill? There being no objection, the Senate proceeded to consider the bill (8. 2863) to provide for the expansion and dis- Position of certain national cemeteries, which had been reported from the Com- mittee on Interior and Insular Affairs with an amendment on page 5, line 5, after the word “therein”, to insert: “under the supervision of the Secretary of the Army, who is hereby authorized and directed to make provision there- for.” The amendment was agreed to. Mr. MORSE. Mr. President, I send to the desk an amendment, which I should like to have read. The VICE PRESIDENT. The amend- ment will be stated. The Lecisuative CLerK. On page 4, after line 15, it is proposed to strike out down to and including line.7, page 5, as follows: (b) to the Commonwealth of Virginia, or any political subdivision thereof, all right, title, and interest of the United States in and to that certain tract of land in Loudoun County, Va., comprising approximately fifty- seven one-thousandths acre, which now con- stitutes the Balls Bluff National Cemetery: Provided, That should the Commonwealth of Virginia or any political subdivision thereof fail to indicate its desire to acquire the prop- erty within 90 days after the enactment of this measure then the property shall be dis- posed of in accordance with existing law, after the removal of the remains interred therein under the supervision of the Secre- tary of the Army, who is hereby authorized and directed to make provision therefor. Mr. MORSE. I want to briefly explain my amendment. It is an amendment which seeks to strike from the bill that part which refers to the battlefield of Balls Bluff, near Leesburg, Va. As I sald yesterday, I believe it was, it was in that battle that Oliver Wendell Holmes was first wounded in the Civil War. It was in that battle that Senator Baker, of Oregon, was killed, Baker being the confidant of the President of the United States at the time, and recognized as his floor leader on the floor of the United States Senate—one of the most distin- guished citizens of my State. The place where he fell in battle is marked on the JULY 26 battlefield at Balls Bluff. I wish to say, and I betray no confidence when I say it, that I have been at work for some time, with the full cooperation of the President of the United States, in an endeavor to have erected on that battlefield a marker, to be provided by the appropriate group in the State of Oregon, at the place where Baker fell in battle. Balls Bluff is one of the most historic battlefields of the Civil War, and, Mr. President, I shall object to this bill unless the part relating to the battlefield of Balls Bluff is stricken from it. Mr. O'MAHONEY. Mr. President, I may say that the information which the Senator from Oregon has now given the Senate comes to me, and I am sure to our committee, for the first time. We were not aware of the fact that Justice Oliver Wendell Holmes was wounded at Balls Bluff, or at least it had not come back to our recollections, and we were not aware of the death of Senator Baker there. This bill was introduced by the Chairman of the Armed Services Com- mittee [Mr. Typincs], and I should like to consult him with respect to the amend- ment. Personally, I should have no ob- jection to the elimination of subsection (b), beginning on page 4. Mr. TYDINGS. I should like to say to the Senator that his committee consid- ered the bill—not my committee—and he is more familiar with it than am I. How- ever, the bill came up to me from the De- partment, because it was deemed to be necessary that this expansion take place. I am not well advised as to the situation to which the Senator from Oregon ad- dresses himself, but I should say that whatever the Senator from Wyoming deems it advisable to do, I shall be very glad to cooperate with him in the mater. Mr. O'MAHONEY. Mr. President, in view of the statement made by the Sena- tor from Oregon and the desire, I am sure, of all Members of the Senate and the Congress to honor the late Justice Holmes, and in view of the Senator’s re- marks about the very distinguished sol- died from Oregon, I am quite willing to accept the amendment. The VICE PRESIDENT. Without ob- jection, the amendment is agreed to. Mr. MORSE. I want to say to the Senator from Wyoming that I did not know that the bill would be before the Senate for consideration, or I should have asked permission to make available to him the information which I had. Mr. DOUGLAS. Mr. President, I join with the Senator from Oregon in thank- ing the Senator from Wyoming for his graciousness in including proper mark- ings for Edward D. Baker, who died in that battle. It so happens that before Mr. Baker moved West and became a Senator from Oregon, he was a Repre- sentative in Congress from Illinois, rep- resenting the district known as the Abra- ham Lincoln district in central Illinois. Lincoln and Baker were very close friends. One of Lincoln’s children was named after Baker, and a portrait of Baker is in the Governor's office in the statehouse in Springfield. So the Sen- ator from Wyoming, in his typically gracious way, will please the State of Tilinois as well as the State of Oregon.
1950 The VICE PRESIDENT. Without ob- jection, the amendment of the Senator from Oregon is agreed to. The bill was ordered to be engrossed for a third reading, read the third time, and passed, as follows: Be .t enacted, etc., That the Secretary of the Army is authorized and directed— (a) to expand existing facilities at the Reck Island National Cemetery, Rock Island, Iil., by utilizing not to exceed 30 acres of federally owned lands under the jurisdiction of the Department of the Army adjoining the present national cemetery facility, which ary surplus to military needs, and to pro- vide for the care and maintenance thereof under the seme regulations as prescribed for other national cemeteries under the juris- diction of the Department of the Army; and (b) to expand existing facilities at the Fort Leavenworth National Cemetery, Fort Leavenworth, Kans., by utilizing not to ex- ceed 8 acres of federally owned Jand under the jurisdiction of the Department of the Army, adjoining the present national cem- etery facility, which are surplus to military needs, and to provide for the care ond main- tenance thereof under the same regulations as prescribed for other national cemeteries under the jurisdiction of the Department of the Army. Src.2. The Secretary of the Navy is aus thorized to transfer, without compensation therefor, to the Secretary of the Army for cemceterial purposes such Government-owned land under the jurisdiction of the Depart- ment of the Navy, located adjacent to the Barrancas National Cemetery near the city of Pensacola, Fla., as may be determined by the Secretary of the Navy to be available for the expansion of said cemetery. Tho lands transferred pursuant to the provisions of this act shall be constituted a part of the Barrancas National Cemetery. Sec. 3. That the conditions and the pro- viso contained in section 1 of the act of March 3, 1911, entitled “An act providing for the taking over by the United States Govern- ment of the Confederate Cemetery at Spring- field, Mo,” which affect the use to which the land comprising the Confederate Cemetery at Springfield, Mo., can be placed, be, and the same hereby are, made inapplicable to that portion of said Confederate cemetery located outside of the walled enclosure which presently contains the graves of men who were in the military and naval service of the Confederate States of America: Provided, That said land located outside of the walled enclosure shall be utilized as a part of the Springfleld National Cemetery. Sec. 4. The Secretary of the Army {s author- ized to transfer— (a) to the State of Kentucky, or to a county or municipality thereof, all right, title, and interest of the United States in and to the tract of land acquired for the estab- lishment of the Perryville National Cemetery, under authority of the act of Congress en- titled “An act to erect a tablet or marker in the memory of the Federal soldiers who were killed at the Battle of Perryville, and for other purposes,” approved March 38, 1928, without cost to said State, county, or munici- palliy: Provided, That should the State of Kentucky or any political subdivision there- of fail to indicate its desire to acquire the property within 90 days after the enactment of this measure, then the property shall be disposed of in accordance with existing law after removal of the monument therefrom, The Secretary of the Army is further author- ized and directed to remove the monument which was constructed in the Perryville Na- tional Cemetery under authority of the act of Congrass approved March 8, 1928, from its present lscation and to reerect it in the Camp Nel3zon National Cemetery, Nicholas- ville, Ky, CONGRESSIONAL RECORD—SENATE Sec. 5. There are heroby authorized to be appropriated such sums a3 may he necessary to carry out the provistons of this act. ELIMINATION OF LANDS FROM FLATHEAD INDIAN IRRIGATION PROJECT, MON- TANA The bill (H. R. 2196) to authorize the elimination of lands from the Flathead Indian irrigation project, Montana, was announced as next in order. Mr. LANGER. Mr. President, may we have an explanation of the bill? Mr. O’MAHONEY. Mr. President, this bill involves only 12 acres of land. It is endorsed by the Department of the Interior. It eliminates 12 acres from the Camas division of the Flathead Indian irrigation project. These acres are owned by Grace Prongua, and the land is now under ditch, but it is now wholly unfit for agricultural uses and would en- tail too much expense to prepare for ir- rigation and crop production. No water from the irrigation project has ever been utilized, although ditches have been con- structed and the owner has been for many years compelled to pay annual water charges assessed against the land. In other words, water is being distrib- uted, the land is utterly unusable, pay- ments are being made, it is not suitable for an irrigation project, and it should be eliminated. The PRESIDING OFFICER. Is there objection to the consideration of the bill? There being no objection, the bill (H. R. 2196) to authorize the elimination of Jands from the Flathead Indian irriga- tion project, Montana, was considered, ordered to a third reading, read the third time, and passed. SALE OF LAND ON ROSEBUD INDIAN RESERVATION The bill (H. R. 6699) to authorize the sale of certain land on the Rosebud In- dian Reservation, 8. Dak., allotted to Susan Eagle Dog, was announced as next in order. Mr. WILLIAMS. Mr. President, may I inquire how many acres are involved in this transaction? Mr. O'MAHONEY. It is not a very large area, Mr. GURNEY. It is 160 acres. Mr. O’MAHONEY,. That is correct. The PRESIDING OFFICER. Is there objection to the consideration of the bill? There being no objection, the bill (H. R. 6699) to authorize the sale of certain land on the Rosebud Indian Reservation, 8. Dak., allotted to Susan Eagle Dog, was considered, ordered to a third reading, read the third time, and passed, PATENT IN FEE TO HOWARD H. MORAN The bill (H. R. 6697) authorizing the issuance of a patent in fee to Howard H. Moran was considered, ordered to a third reading, read the third time, and passed, JOHN Il ESTATE, LTD. The bill (H..R. 4989) to provide for the payment of just compensation to John Il Estate, Ltd., a Hawaiian corporation, for the taking by the United States of private fishery rights in Pearl Harbor, Island of Oahu, Territory of Hawaii, was announced as next in order. 11099 Mr. SCHOEPPEL. Mr. President, T desire to make some remarks with refer- ence to Calendar No. 2153, House bill 6697. I understand that the Clerk has just called Calendar No, 2155, House bill 4989. What happened to Calendar No. 2154, House bill 6454? The VICE PRESIDENT. It was sub- stituted for a corresponding Senate bill and passed. Mr. SCHOEPPEL. My remarks will apply to the remainder of the calendar, because no reports have been available to many of the Senators. Mr. McFARLAND. Mr. President, I ask unanimous consent that the remain- ing bills on the calendar be not con- sidered and that they stay on the calen- dar for the next call. The VICE PRESIDENT. They will automatically be on the calendar at the next call. Mr. McFARLAND. I should like to have them called at the head of the list. Mr. WHERRY. I have no objection. The VICE PRESIDENT. It is not necessary to ask for unanimous consent, because they will be called anyway. Mr. McCARRAN. Mr. President, as I understand, there is a suggestion that we pause in the calling of the calendar here? Mr. McFARLAND. No; just the re- mainder of the bills on the calendar. Then we shall revert to the bills which were to be considered in addition to those on the calendar. Mr. McCARRAN. The report with reference to Calendar No. 2155, House bill 4989, has been in the hands of the clerk of the Judiciary Committee for several days. Mr. HENDRICKSON. Mr. President, we have been unable to obtain the re- port on the bill until only a few moments ago. I think it is very unwise and is unsound legislative procedure to con- sider measures which have not been he- fore Members of the Senate. The VICE FRESIDENT. All the bills remaining on the calendar were re- ported yesterday. If the Senate wishes to suspend the call of the regular cal- endar at this point, the remaining bills will be the first to be called when the calendar is next considered, Mr. McFARLAND. That was my re- quest a few moments ago. The VICE PRESIDENT. It is not nec- essary to make the request, because they would automatically be called first, Mr.McFARLAND. We have other bills to be considered. The VICE PRESIDENT. They are not on the printed calendar. Mr. McFARLAND. They are on the printed calendar, but they were to be called at the foot of the calendar. The VICE PRESIDENT. The Chair is trying to impress on the Senator that when the calendar is again called, these bills will be the first. ones called. Mr. WHERRY. Mr. President, is it the intention of the distinguished acting majority leader to call the bills at the foot of the calendar, or those which are listed? Mr. McFARLAND. I should like to call the list, first. ; The VICE PRESIDENT. The Secre- tary will call the first bill on the list.
11100 BILLS PASSED OVER The bill'(S. 1837) to amend the Trad- ing With the Enemy Act was announced as next in order. The VICE PRESIDENT. Is there ob- jection to the consideration of Senate bill 1837? Mr. HENDRICKSON. I object. The VICE PRESIDENT. The bill will be passed over. The bill (S. 2294) to amend the Con- tract Settlement Act of 1944, so as to authorize the payment of fair compensa- tion to persons contracting to deliver strategic critical minerals or metals in cases of failure to recover reasonable costs, and for other purposes, was an- nounced as next in order. Mr. WILLIAMS. Mr. object. The VICE PRESIDENT. The bill will be passed over. The bill (S. 17) to authorize the Sec- retary of the Interior to issue patents for certain lands to certain settlers in the Pryamid Lake Indian Reservation, Nev., was announced as next in order. Mr. WILLIAMS. I object. The VICE PRESIDENT. The bill will be passed over. The bill (H. R. 5647) to prohibit the picketing of United States courts was announced as next in order. Mr. LANGER, Mr. President, I ask that the bill go over. The VICE PRESIDENT. The bill will be passed over. The bill (H. R. 4815) to provide for medical services to non-Indians in In- dian hospitals, and for other purposes, Was announced as next in order. Mr. LANGER. Mr. President, I ask that that bill go over. Mr. McFARLAND. Mr. President, I hope the Senator will not object. The VICE PRESIDENT, The bill will be passed over. The bill (H. R. 1056) to confer juris- diction on the Court of Claims to hear and determine the claim of Preston L. Watson as administrator of the goods and chattels, rights, and credits which were of Robert A. Watson, deceased, was announced as next in order. Mr. HENDRICKSON. Mr. President, TI ask that that bill go over. The VICE PRESIDENT. The bill will be passed over. The bill (H. R. 4653) for the relief of the New York Quinine & Chemical Works, Inc.; Merck & Co., Inc.; and Mallinckrodt Chemical Works, was an- nounced as next in order, Mr. SCHOEPPEL, This bill is ob- jected to by request. The VICE PRESIDENT. The bill will Zo over. The bill (8. 638) to amend title 28, U. 8. Code, was announced as next in order, Mr. WHERRY. Mr. President, I note that all after the enacting clause is stricken. May we have an explanation? Mr. LANGER. I object. The VICE PRESIDENT, Objection is heard. The bill will go over. MRS. SANFORD PRUITT The bill (S. 858) for the relief of Mrs. Sanford Pruitt was considered, ordered President, I CONGRESSIONAL RECORD—SENATE to be engrossed for 9, third reading, read the third time, and passed, as follows: Be it enacted, etc., That the Secretary of the Treasury ie authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Mrs, Sanford Pruitt, of Casar, N. C., the sum of $10,000, in full satisfaction of her claim against the United States for the death of her husband, the late Sanford Pruitt, who was fatally in- jured on July 12, 1930, in the performance of his duties as a deputy United States inter- nal revenue agent. Provided, That no part of the amount appropriated in this act in ex- cess of 10 percent thereof shall be paid or delivered to or received by any agent or at- torney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the con- trary notwithstanding. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon convic- tion thereof shali be fined in any sum not exceeding $1,000. CONTRACTS WITH INDIANS IN CONNEC-~ TION WITH CONSTRUCTION OF OAHE DAM, 8. DAK. The bill (H. R. 5372) to authorize the negotiation and ratification of separate settlement contracts with the Sioux In- dians of Cheyenne River Reservation in South Dakota and of Standing Rock Reservation in South Dakota and North Dakota for Indian lands and rights ac- quired by the United States for the Oahe Dam and Reservoir, Missouri River de- velopment, and for other related pur- poses was announced as next in order, Mr. HUMPHREY. I object. Mr. GURNEY. Will the Senator from Minnesota withhold his objection? Mr. HUMPHREY, The bill is objected to by request. Mr. McFARLAND. Will the Senator state for whom he objects? Mr. HUMPHREY. I object. Mr. McFARLAND. The Senator ob- jects for himself? Mr. HUMPHRE*™”. Yes. The VICE PRESIDENT. The bill will go over. PITTSBURGH DvuBOIS CORP. The bill (H. R. 1095) for the relief of Pittsburgh DuBois Corp. was con- sidered, ordered to a third reading, read the third time, and passed. STEFANOS STEFANOU The bill (8. 1260) for the relief of Stefanos Stefanou was considered, or- dered to be engrossed for a third read- ing, read the third time, and passed, as follows: Be it enacted, etc., That in the adminis- tration of the immigration and naturaliza- tion laws the Attorney General of the United States is authorized and directed to record the lawful admission for permenent resi- dence in the United States of Stefanos Stefa~- nou as of the date he last entered the United Btates, upon payment of the required visa fee and head tax. Src. 2. Upon enactment of this act, the Secretary of State shall instruct the proper quota-contro) officer to deduct one number from the appropriate quota for the firet year the said quota is available. J. DON ALEXANDER The bill (8, 1800) for the relief of J. Don Alexander was considered, ordered JULY 26 to be engrossed for a third reading, read the third time, and passed, as follows: Be it enacted, etc., That the Secretary of the Treasury is authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to J. Don Alexander, of Colorado Springs, Colo., the sum of $16,- 720.41, in full satisfaction of his claim against the United States for refund of an erroneous payment of income tax for the year 1929 which covered the capital net gain from the sale of 9,000 shares of stock in the Alexander Industries, Inc., which stock was later held by the United States Circuit Court of Appeals in Alezander v. Theleman (69 F. (2d) 610) to be the property of such corporation and not of J. Don Alexander: Provided, That no part of the amount ap- propriated in this act in excess of 10 percent thereof shall be paid or delivered to or re- ceived by any agent or attorney on account of services rendered in connection with this claim, and the same shall be unlawful, any contract to the contrary notwithstanding. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $1,000. MILDRED SMITH BUTLER The bill (H. R. 1697) for the relief of Mildred Smith Butler was considered, ordered to a third reading: read the third time, and passed. BILL PASSED OVER The bill (S. 3245) to give effect to the Medical Examination (Seafarers) Convention, 1946, adopted at the twenty- eighth (maritime) session of the Inter- national Labor Organization held at Seattle, Wash., June 6-29, 1946, was an- nounced as next in order. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? Mr. SCHOEPPEL. I object. The VICE PRESIDENT. The bill will go over, PROVISION BY MARITIME COMMISSION FOR WAR RISK AND OTHER INSUR- ANCE The bill (8. 2484) to authorize the United States Maritime Commission to provide war risk and certain marine and liability insurance, which had been re- ported from the Committee on Inter- state and Foreign Commerce, with amendments, was announced as next in order, The VICE PRESIDENT. Is there ob- jection to the present consideration of the bill? There being no objection, the Senate proceeded to consider the bill, which had been reported from the Committee on Interstate and Foreign Commerce with amendments. The VICE PRESIDENT. The Secre- tary will proceed to state the amend- ments of the committee. The Lrorsuatrve Crzrx. On page 2, line 10, after the word “the”, to strike out “Commission” and insert “Secre- tary”; after line 17, to insert: (©) The term “Secretary” ahall mean the Secretary of Commerce. In line 20, after the word “The”, where it occurs the first time, to strike out “Commission” and insert “Secretary”; in line 25, after the word “the”, to strike out “Commission” and insert “Secre-
1950 tary": on page 8, line 9, after the word “The”, to strike out “Commission” and insert “Secretary”; in line 17, after the words “by the”, to strike out “Commis- sion” and insert “Secretary”; on page 4, line 28, after the word “the”, to strike out “Commission” and insert “Secre- tary”; on page 5, line 3, after the words “that the”, to strike out “Commission” and insert “Secretary”; in line 7, after the words “from the”, to strike out “Commission” and insert “Secretary”; in line 10, after the word ‘‘The”, to strike out “Commission” and insert ‘Secre- tary”; in line 15, after the word “the”, to strike out “Commission” and insert “Secretary”: in line 18, after the word “the”, to strike out “Commission” and insert “Secretary”; in line 25, after the word “The”, to strike out “Commission” and insert “Secretary"’; on page 6, line 6, after the word “the”, to strike out “Com- mission” and insert “Secretary”; in line 14, after the word “the”, to strike out “Commission” and insert “Secretary”; in line 16, after the word “The”, where it occurs the second time, to strike out “Commission” and insert “Secretary”; in line 18, after the word “the”, to strike out “Commission” and insert “Secre- tary”; in line 20, after the word ‘‘the”, to strike out “Commission” and insert “Secretary”; in line 22, after the words “by the”, to strike out “Commission” and insert “Secretary”; in line 19, after the words “that the”, to strike out “Com- mission” and insert “Secretary.” The amendments were agreed to. Mr. WHERRY. Mr. President, I have no desire to interfere with the passage of this bill. But so many amendments are being made to the bill that it would take at least half an hour to have them all explained. Mr. MAGNUSON. I should like to re- mind the Senator that since this bill was written the Maritime Administration has been reorganized. Instead of using the term “Maritime Commission,” the words “Secretary of Commerce” must be used. Mr. WHERRY. Mr. President, I sub- mit it is not good legislative procedure to act on amendments to an important bill without explanation. If merely technical amendments are involved I withhold my objection at this time. Mr. MAGNUSON. That is what these amendments are. The VICE PRESIDENT. The Secre- tary will state the next amiendment. The Learsiative CLerK. On page 7, line 7, after the word “The”, it is pro- posed to strike out “Commission” and insert “Secretary”; in line 8, after the word “fund”, to insert “in the Treasury”’; in line 13, after the word “deposited”, to insert “in the Treasury.” The amendments were agreed to. The VICE PRESIDENT. The Secre- tary will state the next amendment. The Leors.ative CLERK. In line 16, after the word “fund”, to insert “through the Division of Disbursement, Treasury Department.” _. My, AIKEN. Mr. President, may we have an explanation of that amendment? That does not involve simply a change in names. That says something about the Treasury Department. XOVI——099 CONGRESSIONAL RECORD—SENATE Mr. MAGNUSON, It requires the de- posit of money in the United States Treasury. I may explein that under the old maritime law the Maritime Commis- sion had a separate fund. Since the transfer of the Commission has been made to the Secretary of Commerce, all moneys that come in must be deposited in the Treasury. Mr. AIKEN. For what purpose {s the money deposited? Is it a revolving fund? t Mr MAGNUSON. It is a revolving und. Mr, AIKEN. I should think that these amendments would be printed. I object to going any further with the bill. The VICE PRESIDENT. The Senator from Vermont objects. Mr. AIKEN. There has been so much controversy in connection with the Mari- time Commission that I want to be sure of what we are passing. Mr, MAGNUSON. If the Senator will withhold his objection until I make a statement, I think I can clarify the amendments. Mr. AIKEN. I shall be delighted to have all proposed amendments printed. I do not say that I will object to consid- ering the bill or passing it later on, but I think that when an important measure like this is before us we should know what we are voting on. Mr. MAGNUSON. If the Senator will withhold his objection—— Mr. AIKEN. I shall be glad to with- hold my objection until the Senator from Washington can propose as many amendments as he desires to propose. Mr. MAGNUSON. Mr. President, I ask that on page 5, line 20, the word “duing” be stricken and the word “dur- ing” be substituted in lieu thereof. That is a typographical error. The VICE PRESIDENT. Without ob- jection, the amendment is agreed to. Mr. MAGNUSON. I also propose an amendment which would limit the au- thority of the Secretary of Commerce in the matter of insurance. The VICE PRESIDENT. The Chair is advised that consideration of the com- mittee amendments has not been com- pleted. Mr. AIKEN. I objected to further consideration of the bill. The VICE PRESIDENT. The Chair understood the Senator to withhold his objection. Mr. AIKEN. If all the amendments are acted on and objection is then made to the passage of the bill, will the bill go over? The VICE PRESIDENT. The Sena- tor can object at any time. Mr. AIKEN. I wanted all proposed amendments to be printed before the bill was considered. Mr. MAGNUSON. If the Senator will let me make an explanation, I think Ican satisfy him on that point. All the amend- ments have been printed, but since the bill has been introduced we have had to change some words in it. For ex- ample, we have had to use the words “Secretary of Commerce” instead of the words “Maritime Commission,” and the words “Treasury Department” instead of “Commission.” That has reference to 11101 the fact that under Reorganization Plan No. 24, the funds involving on insurance, for example, are taken from the old Maritime Commission, and placed in the Treasury. I hope the Senator will not object to the bill, because its sole purpose is to permit the Maritime Board and the Sec- retary of Commerce to write war-risk insurance. No shipper today, under the present law, if this change is not made, can get war-risk insurance on his ships. We would turn this authority over to the Secretary of Commerce, and also allow the writing of insurance on ships by cer- tain foreign insurance companies, mainly British, that have insurance pools for shipping. I think there are 14 such companies, when certified by the insurance commissioners of States, with the cooperation of the Secretary of Com- merce, or by any Amcrican company. Ships might be torpedoed tonight, and if a ship operator should be leaving port today and wanted war-risk insurance, it is doubtful that he would be able to get it. That fs all the bill affects and all the amendments relate to. The old Mari- time Commisison would be responsible for this normally, but we had to change “Maritime Commission” to “Secretary of Commerce,” and provide that where money comes into the revolving fund be- cause of the change, it shall go into the Treasury instead of to the Maritime Commission. That is all the bill does. It is vitally important, because we are apt to wake up some day soon and find that ships have been sunk and the op- erators have not had opportunity to get insurance. Mr, O’CONOR, Mr. President, will the Senator yield? Mr. MAGNUSON. I yield. Mr. O’'CONOR. Is it not a fact that in policies now outstanding there is a cancellation clause, so that in the event of an emergency those policies would be null and void, and therefore the ship- ping interests would be at a serious dis- advantage? Mr. MAGNUSON. That is correct, because since World War II the auto-~ matic cancellation clause has been in- cluded in these insurance policies. If an emergency should be declared and ships out at sea were sunk, the opera- tors would have no return whatsoever. I might point out to the Senator from Vermont that the United States Gov- ernment has a vital interest financially in most of these ships, and all we are pro- viding is that there shall be opportunity to get war-risk insurance. It costs the Government nothing, and where there is a revolving fund under the Secretary of Commerce, we provide that funds shall be deposited in the Treasury in- stead of in a separate account, as used to be the case under the old Maritime Commission law. The VICE PRESIDENT. Is there ob- jection? Mr. AIKEN. Mr. President, I do not believe that 4 or 5 days is going to make much difference. As the Senator from Washington says, we may wake up some morning and find that an American ship has been sunk, but in World War II we
11102 woke up and found that 500 ships had been sunk, and some of them had been insured for 65 times their actual value, and we lost hundreds of millions of dol- lars. It was a peculiar circumstance that it was the older ships that were sunk, I think Congress would do well to scrutinize any bill which deals with insurance issued by the Maritime Com- mission. Mr. MAGNUSON. The Maritime Commission does not do it. Mr, AIKEN. Or anybody else—any insurance plan. The VICE PRESIDENT. Does the Senator object to the present considera- tion of the bill? Mr. AIKEN. I do, until I have a chance to read the proposed amend- ments and the bill. The VICE PRESIDENT. The bill will go over. Mr. MAGNUSON. Will the Senator yield for one question before he takes his seat? Mr. AIKEN. I yield. Mr. MAGNUSON. The Senator has been misinformed about the facts as to what happened during World War II. The agency handling war-risk insurance during World War I, despite all the ships that were sunk, made a profit of $127,000,000. Mr. AIKEN. And some of the owners made several thousand percent profit. Mr. McFARLAND. Mr. President, I insist on the rule of the Senate being enforced. I realize the importance of these bills, but this debate clearly dem- onstrates it does not do any good to violate the rules, because the bills are not passed anyway, and there are Senators here waiting to have bills called which are at the foot of the calendar. I insist on the rule being enforced from now on. AMENDMENT OF MERCHANT MARINE ACT, 1936 Mr, BREWSTER. Mr. President—— The VICE PRESIDENT. For what purpose does the Senator rise? Mr. BREWSTER. I understand it is agreeable that Calendar No. 1836, Senate bill 2801, which is next on the list, should be considered, The VICE PRESIDENT. Order of business 1835, Senate bill 2786, is next on the list. Mr. BREWSTER. Then I withhold the request. The VICE PRESIDENT. The clerk will state the next bill on the list. The bill (8. 2786) to amend the Mer- chant Marine Act, 1936, as amended, to further promote the development and maintenance of the American merchant marine, and for other purposes, was announced as next in order. Mr. WILLIAMS. Over. The VICE PRESIDENT. The bill will be passed over. NORTHWEST ATLANTIC FISHERIES ACT OF 1950 Mr. BREWSTER. Mr. President, I understand that it is agreeable to the acting majority leader, and to those who have heretofore objected, that order of business 1836, S. 2801, which is next on the list, should be taken up at this time, CONGRESSIONAL RECORD—SENATE Mr. McFARLAND. Mr. President, there evidently was a mistake in regard to this bill not being included in the list, and I have no objection to its being included. The VICE PRESIDENT. The Clerk will state the bill by title. The Lecisuarive Cierx. A bill (8. 2801) to give effect to the International Convention for the Northwest Atlantic Fisheries, signed at Washington under date of February 8, 1949, and for other purposes. The VICE PRESIDENT. Is there ob- jection to the consideration of the bill? There being no objection, the Senate proceeded to consider the bill, which had been reported from the Committee on Interstate and Foreign Commerce with amendments, on page 2, line 24, after the word “President,” to strike out the comma and “as follows: The first, an official of the United States Fish and Wildlife Service, who shall serve for an indefinite term but in no event beyond the period of his employment as an offi- cial of that agency; the second, a person who is an officer of the official fishery agency of one of the States contiguous to the convention area or of a State whose vessels customarily fish in such waters, who shall serve for a term of 4 years un- less he shall sooner cease to be an officer of such State agency; and the third, a representative of the public at large, who shall serve at the pleasure of the Presi- dent” and insert “and to serve at his pleasure”; on page 4, line 21, after the words “per diem’, to strike out the comma and “as provided in section 14 of this Act,’; after line 23, to insert a new section: Sec. 5. Service of any individual as a United States Commissioner appointed pur- spuant to section 3 (a), or as a member of the advisory committee appointed pursuant to section 4 (a) shall not be considered as service or employment bringing such indi- vidual within the provisions of sections 281, 283, and 284 of title 18 of the United States Code, of section 190 of the Revised Statutes (U. 8. C., title 5, sec. 99), or of any other Fed- eral law imposing restrictions, requirements, or penalties in relation to the employment of persons, the performance of services, or the payment or receipt of compensation in con- nection with any claim, proceeding, or mat- ter involving the United States, except inso- far as such provisions of law may prohibit any such individual from receiving compen- sation in respect of any particular matter in which such individual was directly involved in the performance of such service, On page 5, line 15, to change the sec- tion number from ‘'5” to “6”; after line 23, to strike out: Sec. 6. Proposalg made by the Commission and accepted by the contracting govern- ments, in accordance with the provisions of article VIII of the convention, shall be pub- lished in the Federal Register and, on the ef- fective date thereof, shall become regula- tions applicable to all persons and vessels subject to the jurisdiction of the United States. On page 6, line 21, after the word “may”, to strike out “authorize” and insert “designate”; in line 22, after the word “officers”, to strike out “and em- ployees”; in line 25, after the word ‘‘so”, to strike out “authorized” and insert “designated”; in the same line, after the word “officers”, to strike out “and em- JULY 26 ployees may” and insert “are authorized to”; on page 7, after line 2, to strike out: Src. 8, Nothing in this act nor in the con- vention shall be construed to impair the fishery jurisdiction of the several States, nor to prevent in any way the several States from giving protection to stocks of fish not covered by regulations adopted by the United States pursuant to proposals of the Commiis- sion, nor from giving additional protection to those stocks of fish covered by such regu- lations. In line 10, to change the section num- ber from “9” to “8”; on page 8, to change the section number from “10” to “9”; In line 7, afler the word “section”, to strike out “11” and insert “10”; in line 19, to change the section number from “11” to “10": on page 9, line 6, to change the section number from “12” to “11”; in line 17, afier the word “before”, to strike out “an officer or a court of competent juris- diction” and insert ‘‘a justice or judge or any other official designated in section 3041 of title 18 of the Unitcd States Code; on page 10, line 17, after the word “States”, to strike out “court” and in- sert “district courts’; in line 12, after the word “may”, to insert “except in the case of a first offense’; in line 17, after the word “thereto”, to insert “Any prop- erty so seized shall not be disposed of except pursuant to the order of the court of competent jurisdiction or the provi- sions of subsection (b) of this section, or, if perishable, in the manner pre- scribed by regulations of the Secretary of the Interior’; after line 21, to strike out: (b) In cases where the person authorized to make an arrest or seizure filids that the immediate arrest of the person or seizure of the fish or fishing gear would impose an un- reasonable hardship he may issue and serve a citation requiring such person to appear before a designated commissioner of the dis- trict court having jurisdiction of the offense within a specified time; or in the case of prop- erty, post such citation upon said property requiring its delivery to the marshal of such court within a specified time. Upon such service of such citation the person so cited and the property so seized by posting shall thereupon be subject to the jurisdiction of the court to answer the order of the court in such cause and any property so seized shall pot be disposed of except pursuant to the order of such court or the provisions of sub- section (c) of this section. The person thus serving such citation shall make proof of service to the court promptly and in any event within the time during which response must be made to the citation. Failure to make proof of service shall not affect the validity of the service. On page 11, line 16, at the beginning of the line, strike out “(c)” and insert “(b)”; in line 18, after the words “in rem”, to strike out the comma and “in- cluding that specified in subsection (b) of this section,”; on page 12, line 8, to change the seciion number from “13” to “12”; in line 15, after the word “advisers”, to strike out the comma and “including travel expenzes without regard to the Standardized Government Travel Regu- lations, as amended, and without regard to the rate of per diem allowance in lieu of subsistence expences under the Travel Expense Act cof 1949, and section 10 of the Act of March 10, 1933, as amended, and for the purchase, hire, operation,
1950 and maintenance of aircraft, motor. propelled passenger carrying vehicles, boats, research vessels, and the construc- tion of other necessary facilities, and for printing and binding”; and on page 13, line 1, to change the section number from “14” to “13”, so as to make the bill read: Be tt enacted, etc., That this act may be cited as the Northwest Atlantic Fisheries Act of 1950. Sxc. 2. When used in this act— (a) Convention: The word “convention” means the International Convention for the Northwest Atlantic Fisheries signed at Washington under date of February 8, 1949, (b) Commission: The word “Commission” means the International Commission for the Northwest Atlantic Fisheries provided for by article II of the convention. (c) Person: The word “person” denotes in- dividuals, partnerships, corporations, and associations, subject to the jurisdiction of the United States, (ad) Convention area: The term “conven- tion area” means that portion of the north- west Atlantic Ocean defined in article I of the convention. (e) Vessel; The word “‘vessel’’ denotes every kind, type, or description of watercraft, air- craft, or other contrivance, subject to the jurisdiction of the United States, used, or capable of being used, as a means of trans- ation on water, (f) Fishing gear: The term “fehing gear” means any apparatus or appliance of what~ ever kind or description used or capable of being used for fishing. (g) Fishing: The word “fishing” means the catching, taking, or fishing for, or the at- tempted catching, taking, or fishing for any species of fish protected under regulations adopted pursuant to this act. Src. 3. (a) The United States shall be rep- resented, on the Commission and on any panel in which the United States partici- pates, by three Commissioners to be appoint- ed by the President and to serve at his pleas- ure. The Commissioners shall be entitled to adopt <uch rules of procedure as they find necessary. (b) The United States Commissioners, al- though officers of the United States Gov- ernment while so serving, shall receive no compensation for their services as such Commissioners. Sec.4. (a) The United States Commis- gioners shall appoint an advisory committee composed of not less than 5 nor more than 20 persons who shall fairly represent the various interests in the fisheries of the con- vention area, including fishermen and vessel owners, and who shall be well informed concerning the fisheries of the convention area. The members of the advisory com- mittee shall serve for a term of 2 years, and shall be eligible for reappointment. The advisory committee shall meet at least once @ year, or more frequently if necessary, shall elect its own officers, and shall be entitled to fix the times and places of its meetings and to adopt rules of procedure for their con- duct. The United States Commissioners shall also have the authority to call a meet- ing of the advisory committee on the re- quest of three members of the committee. The advisory committee, or such representa- tives as it may designate, may attend as observers all nonexecutive meetings of the Commission or of any panel of which the United States is a member. The advisory committee shall be invited to all nonexecu- tive meetings of the United States Com- missioners and at such meetings shall be given full opportunity to examine and to be heard on all proposed programs of in- vestigation, reports, and recommendations of tho United States Commissioners and all reg- ulations proposed to be issued under the authority of this act. CONGRESSIONAL RECORD—SENATE (b) The members of the advisory com. mittee shall receive no compensation for teir services as such members. On approval by the United States Commissioners not more than five members of the advisory committee, designated by the committee, may be paid for their actual transportation expenses and per diem incident to attend- ance at meetings outside of the United States of the Commission or a panel thereof. Sac. 5. Service of any individual as a United States Commissioner appointed pur- suant to section 8 (a), or a8 2 member of the advicory committee appointed pursuant to section 4 (a) shall not be considered as service or employment bringing such indl- vidual within the provisions of sections 281, 283, and 264 of title 18 of the United States Code, of section 190 of the Revised Statutes (U. 5S. C., title 5, sec. 99), or of any other Federal law imposing restrictions, require- ments, or pennities in relation to the em- ployment of persons, the performance of services, or the payment or receipt of com- pensation in connection with any claim, proceeding, or matter involving the United States, except insofar as such provisions of law may prohibit any such individual from receiving compensation in respect of any particular matter in which such individual was alrectly involved in the performance of such service. Src. 6. (a) The Secretary of State ts au- thorized to receive, on behalf of the Govern- ment of the United States, reports, requests, recommendations, and other communica. tions of the Commission, and to act thereon directly or by reference to the appropriate authorities, (b) The Secretary of State, with the con- currence of the Secretary of the Interior, is authorized to accept or reject, on behalf of the United States, proposals received from the Commission pursuant to article VIII of the convention. Src. 7. (a) The Secretary of the Interior is authorized and directed to administer and enforce, through the Fish and Wildlife Serv- ice, all of the provisions of the convention, this act, and regulations issued pursuant thereto, except to the extent otherwise pro- vided for in this act. In carrying out such functions he is authorized and directed to adopt such regulations as may be necessary to carry out the purposes and objectives of the convention and this act, and, with the concurrence of the Secretary of State, he may cooperate with the duly authorized officials of the Government of any party to the con- vention. (b) Enforcement activities under the pro- visions of this act relating to vessels engaged in fishing and subject to the jurisdiction of the United States shall be primarily the re- sponsibility of the United States Coast Guard, in cooperation with the Fish and Wildlife Service. (c) The Secretary of the Interior may des- ignate officers of the States of the United States to enforce the provisions of the con- vention, or of this act, or of the regulations of the Secretary of the Interior. When so designated such officers are authorized to function as Federal law-enforcement officers for the purposes of this act. Sxc, 8. (a) The Secretary of State with the concurrence of the agency, institution, or organization concerned, may direct the United States Commissioners to arrange for the cooperation of agencies of the United States Government, and of State and private institutions and organizations in carrying out the provisions of article VI of the con- vention. (b) All agencies of the Federal Govern- ment are authorized, upon request of the Commission, to cooperate in the conduct of eclentific and other programs, and to furnish facilities and personnel for the purpose of aseisting the Commission in carrying out its duties under the convention. 11103 (c) None of the prohibitions deriving from this act, or contained in the laws or regula- tions of any State, shall prevent the Com- mission from conducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes of sci- entific investigation, or shall prevent the Commission from discharging any other duties prescribed by the convention. Sec. 9. (a) It shall be unlawful for any person subject to the jurisdiction of the United States to engage in fishing In viola- tion of any regulation adopted pursuant to this act or of any order of a court issued pursuant to section 10 of this act, to ship, transport, purchace, #ell, offer for sale, im- port, export, or have in custody, possession, or control any fich taken or retained in viola- tion of any such regulations, or order, to fail to make, keep, submit, or furnish any record or report required of him by such regulation, or to refuse to permit any officer authorized to enforce such regulations to inspect such record or report at any reasonable time. (b) It shall be unlawful for any pergon or vessel subject to the jurisdiction of the United States to do any act prohibited or fail to do any act required by any regulation adopted pursuant to this act. Sec. 10 Any person violating any provi- sion of this act or any regulation adopted pursuant to this act, upon conviction, shall be fined for a first offense not more than $509 and for a subsequent offense committed within 5 years not more than 81,000, and for such subsequent offense the court may order forfeited, in whole or in part, the fish taken by such person, or the fishing gear involved in such fishing, or both, or the monetary value thereof. Such forfetted fish or fishing gear shall be disposed of in accordance with the direction of the court. In addition, the court may prohibit such second offender from fishing for such a period of time as it may determine. Sec. 11. (a) Any duly authorized enforce- ment officer or employee of the Fish and Wildlife Service of the Department of the Interior; any Coast Guard officer; any United States marshal or deputy United States marshal; any customs officer; and any other person authorized to enforce the pro- visions of the convention, this act, and the regulations issued pursuant thereto, shall have power without warrant or other proc- ess to arrest any person rubject to the jurisdiction of the United States committing in his presence or view a violation of the convention or of this act, or of the regula- tions issued pursuait thereto and to take such person immediately for examination before a justice or judge or any other offictal designated in section 3041 of title 18 of the United States Code; and shall have power, without warrant or other process, to search any vessel subject to the jurisdiction of the United States when he has reasonable cause to believe that such vessel is engaging in fishing in violation of the provisions of the convention or this act, or the regulations issued pursuant thereto. Any person au- thorized to enforce the provisions of the con- vention, this act, or the regulations issued pursuant thereto rhall have power to execute any warrant or process issued by an officer or court of competent jurisdiction for the enforcement of this act, and shal] have power with a search warrant to search any vevsel, vehicle, person, or place at any time. The Judges of the United States district courts and the United States Commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue warrants in all such cases. Any person authorized to enforce the provisions of the convention, this act, or the regulations issued pursuant thereto may, except in the case of a first offense, seize, whenever and wherever lawfully found, all fish taken or retained, and all fishing gear tn- volved in fishing, contrary to the provisions
11104 of the convention or this act or to regula- tions issued pursuant thereto, Any prop- erty so seized shall not be disposed of ex- cept pursuant to the order of a court of com-~ petent jurisdiction or the provisions of sub- section (b) of this section, or, if perishable, in the manner prescribed by regulations of the Secretary of the Interior, (b) Notwithstanding the provisions of 26 United States Code 2464, when a warrant of arrest or other process in rem is issued in any cause under this section, the mar- shal or other officer shall stay the execution of such process, or discharge any property seizcd if the process has been levied, on re- ceiving from the clalmant of the property a bond or stipulation for double the value of the property with sufficient surety to be ap- proved by a judge of the district court hav- ing jurisdiction of the offense, conditioned to deliver the property seized, if condemned, without impairment in value or, in the dis- cretion of the court, to pay its equivalent value in money or otherwise to answer the decree of the court in such cause. Such bond or stipulation shall be returned to the court and judgment thereon against both the principal and sureties may be recovered in event of any breuch of the conditions thereof as determined by the court. Src 12. There is hereby authorized to be appropriated from time to time, out of any moneys in the Treasury not otherwise ap- propriated, such sums as may be necessary for carrying out the purposes and provi- sions of this act, including the United States share of the joint expenses of the Commission as provided in article KI of the convention; for the expenses of the United States Com- missioners and authorized advisers. Src, 13. If any provision of this act or the application of such provision to any cir- cumstances or persons shall be held invalid, the validity of the remainder of the act and the applicability of such provision to other circumstances or persons shall not be aifected thereby. The amendments were agreed to. The bill was ordered to be engrossed for a third reading, read the third time, and passed. AMERICAN-FLAG SHIPPING ON GREAT LAKES The bill (S. 3109) to aid the develop- ment and maintenance of American- fiag shipping on the Great Lakes, and for other purposes, was announced as next in order. Mr. WILLIAMS. Over. The VICE PRESIDENT. The Senator from Delaware objects, and the bill goes over. Mr. THYE and Mr. MAGNUSON ad- dressed the Chair. The VICE PRESIDENT. The Senator from Minnecota. Mr. THYE. Mr. President. will not the Senator from Delaware withhold his objection until I may make inquiry of him as to why he objects, if I may be so bold as to ask that question? This bill has been up before; it is a very worthy bill, and it should be passed. The season is getting late. When I refer to the season, I may say that the shipping sea- son on the Great Lakes, and I should like to inquire why the Senator objects. Mr. WILLIAMS. Mr. President, I ob- ject to the bill because under the pro- visions of the bill the Government would net about 342 percent, and I am not go- ing to endorse any bill which gives a dis- count of 9614 percent, The VICE PRESIDENT. The bill will be passed over, THE CONGRESSIONAL RECORD—SENATE Mr. THYE. Mr. President, may I in- quire of the acting majority leader when there may be an opportunity to consider this bill? Mr. McFARLAND. Mr. President, I cannot give an answer to that question. Many Senators have minor bills they are waiting to have called, and if we are to discuss the question as to when bills may be considered, we never will get through. The VICE PRESIDENT. The clerk will call the next bill, Mr. MAGNUSON. Mr. President, I wonder if I may be permitted to submit certain amendments to the bill just ob- jected to so they may be printed. The VICE PRESIDENT, The amend- ments will be printed and will lie on the table. Mr. MAGNUSON. From reading the amendments Senators will better under- stand the importance of the bill. CERTIFICATION OF SHIPS’ COOKS CONVENTION, 1946 The VICE PRESIDENT, The clerk will state the next bill. The bill (S. 3244) to give effect to the certification of Ships’ Cooks Convention, 1946, adopted at the twenty-eighth— maritime—session of the International Labor Organization, held at Seattle, Wash., June 6 to 29, 1946, was announced as next in order. The VICE PRESIDENT. Is there ob- jection? Mr. SCHOEPPEL. Over. The VICE PRESIDENT. The bill will be passed over. FOOD AND CATERING—SHIPS’ CONVENTION, 1946 The bill (S. 3246) to give effect to the Food and Catering—Ships’ Crews—-Con- vention, 1946, adopted at the twenty- eighth—maritime—session of the Inter- national Labor Organization, held at Seattle, Wash., June 6 to 29, 1946, was an- nounced as next in order. Mr. MAGNUSON. Mr. President, re- serving the right to object, although I shall not object, I merely want to make a@ statement. Mr. HENDRICKSON. I ask that the bill go over. The VICE PRESIDENT. The Senator from New Jersey objects to consideration of the bill, and the bill goes over. Mr. MAGNUSON. Mr. President, did I not have the floor? I reserved the right to object. The VICE PRESIDENT. The Senator from Washington was reserving the right, but an objection takes precedence over a mere reservation to object. Mr. McFARLAND. Regular order. The VICE PRESIDENT. The Chair will recognize the Senator from Wash- ington if he wishes to make a statement about the bill. Does the Senator wish to make a statement about the bill? Mr. MAGNUSON. Mr. President, I appreciate that there are many objec- tions being made to bills, but in the last few minutes Senators have objected to some bills the enactment of which would help develop the American merchant marine. There may be many little old bills waiting to be passed, but the most important measures on the calendar to- day are these bills which affect the mer- CREWS— JULY 26 chant marine. Fifty percent of our trouble in the Far East today is the re- sult of our not having the right kind of a@ merchant marine to carry things where they should go. I do hope that before there are simply perfunctory objections—although some of the bills may be technical in their nature—those who object will at least take time to discuss the subjects. We have passed many bills of an emergency nature. We have enlarged the Army. We have considered appropriations. We have taken care of the draft. But when it comes to the merchant marine, then merely because somebody has some deep- seated prejudice against the merchant marine, because he thinks there was something bad in the old Merchant Marine Commission, he simply, without any consideration whatsoever, objects to @ group of maritime bills. We certainly learned a lesson after World War I about our merchant marine. I hope that be- fore Senators object to all these bills pertaining to the merchant marine they will consider the situation we are in and at least do us the courtesy of examining the bills thoroughly. The VICE PRESIDENT, The next bill will be stated. BILL PASSED OVER The bill (S. 3687) to require the armed services to utilize private American ship- ping services for the overseas transpor-~ tation of commodities and civilian per- sonnel was announced as next in order. Mr. HENDRICKSON. Mr. President, I ask that the bill go over. The VICE PRESIDENT. The bill will be passed over. TIME OF TAKING EFFECT OF ANNUITIES OF MEMBERS AND ELECTED OFFICERS OF CONGRESS The bill (S. 3682) to amend the Civil Service Retirement Act of May 29, 1930, as amended, with respect to the time of taking effect of annuities of Members and elected officers of the Senate and House of Representatives, was an- nounced as next in order. Mr. WILLIAMS. Mr. President, may we have an explanation of the bill? The VICE PRESIDENT. The Senator from South Carolina |[Mr. JoHnston] is recognized. Mr. JOHNSTON of South Carolina. The purpose of the bill is to remove an apparent inequity with respect to Mem- bers and elected officers of Congress. At the present time Members of Congress g0 out of office on January 3, and cannot make their application for annuity until February 3. The bill would do away with that inequity. Mr. WILLIAMS. Members of Con- gress will be on the Government payroll 3 days in January. Why should they secure retirement pay for those days? Mr. JOHNSTON of South Carolina. They do not go on retirement annuity until the third day of the next month, after their service is severed. Mr. WILLIAMS. Is it not a fact that if Members of Congress want to go on the retirement list as of January 1 of any year, all they have to do is to resign their seats as Members of the Congress? if they want to remain in Congress until
1950 the 8d of January they should not re- quest to be placed on the retirement lst for those days because then they will be drawing both retirement pay and regular pay at the same time. Mr. JOHNSTON of South Carolina. Both retirement and regular service pay is not being paid at the same time. When making application for annuity one says he is off the payroll of the United States. Under the bill it will not be necessary to wait until the 1st of the month to do so. All other employees have that privilege. Mr. WILLIAMS. Under the existing law all other employees’ retirement begins on the Ist day of the month fol- lowing the time when they remove them- selves from the payroll. If a Member wants to go on retirement all he has to do is to resign. I object. The VICE PRESIDENT. The bill wlil be passed over. PERIODIC CENSUS OF GOVERNMENTS The Senate proceeded to consider the bill (H. R. 7265) to provide for the con- duct of a periodic census of governments. Mr. SCHOEPPEL. Mr. President, I send to the desk an amendment to the ill. The VICE PRESIDENT. The amend- ment will be stated. The Lecisnative CLerkK. On page 1, line 4, before the word “take” it is pro- posed to strike out the word “‘shall” and insert “may at his discretion.” The VICE PRESIDENT. The ques- tion is on agreeing to the amendment. The amendment was agreed to. The amendment was ordered to be en- grossed and the bill to be read a third time. The bill (H. R. 7265) was read the third time and passed. Mr, JOHNSTON of South Carolina. Mr. President, I move that the Senate in- sist upon its amendment, ask a confer- ence with the House thereon, and that the Chair appoint conferees on the part of the Senate, The motion was agreed to, and the Vice President appointed Mr. JoHNsTON of South Carolina, Mr. Hompnrey, and Mr. LANGER conferees on the part of the Benate. CONVEYANCE OF LAND TO TOWN OF TREMONT, MAINE The bill (H. R. 4390) to authorize the conveyance, for school] purposes, of cer- tain land in Acadia National Park to the town of Tremont, Maine, and for other purposes, was considered, ordered to a third reading, read the third time, and passed, ORDER OF BUSINESS The VICE PRESIDENT. That com- pletes the bills that were specified to be considered in addition to those after the last call of the calendar. The Secretary will now call the bills that went to the foot of the calendar. Mr. NEELY. Mr. President, I ask unanimous consent to return to Calen- dar 1893, Senate bill 2204. There was objection, and the bill went to the foot of the calendar. Mr. McFARLAND. Mr. President, ‘I ask that the Senate proceed to consider CONGRESSIONAL RECORD—SENATE the bills in the order in which they went to the foot of the calendar. Otherwise we will waste a considerable amount of time by Senators making unanimous- consent requests for return to considera- tion of certain bills. The VICE PRESIDENT, Does the Senator from Arizona object to the re- quest of the Senator from West Virginia? Mr. McFARLAND. I do. The VICE PRESIDENT. Objection is heard. The bills will be called in the order in which they went to the foot of the calendar. Mr. WHERRY. Mr. President, would it not be convenient if the bills were called beginning with the earliest number on the calendar, beginning with Calendar No. 1850, and then proceed in order from that number. The VICE PRESIDENT. That is what 1s proposed to be done. The bills will be called in the order in which they were placed at the foot of the calendar. The clerk will call the first bill. BILL PASSED OVER The bill (H. R. 7155) to authorize the Secretary of Agriculture to cooperate with the States to enable them to pro- vide technical services to private forest Jand owners, and for other purposes, was announced as the first bill at the foot of the calendar. The VICE PRESIDENT. Is there objection to the present consideration of the bill? Mr. SCHOEPPEL. Over. The VICE PRESIDENT. The Senator from Kansas has asked that the bill be passed over. Mr. HOLLAND. Mr. President, I hope the Senator will not object unless he has been requested by some Senator who is not present to do so. I should like to make an explanation of the ill. The VICE PRESIDENT. The Senator from Kansas has objected. The bill will be passed over. Mr. HOLLAND. Will the Senator withhold his objection so an explanation of the bill may be made? Mr.@CHOEPPEL. I am glad to do so. I made the objection by request. I shall withhold the objection. Mr. HOLLAND. Mr. President, I think it might be fitting to put a brief explana- tion in the Recorp. In the last session there was a bill with four tmportant amendments to the Forestry Act. Three were adopted. The one which is em- braced in House bill 7155 was cut out last year. This year the two committees of the House and Senate have worked very hard in the effort to get together on this particular proposition, which is to ex- tend the forestry services that were here- tofore available only to the owners of wood lots on farms to the owners of forestry tracts. In two respects the pro- gram which was proposed last year in this field has been very radically affected. One as to the size of it. Last year there was authorized or proposed to be au- thorized $6,000,000 a year. This year that has been cut to $2,500,000 a year, which is the same amount now in the Norris-Doxey Act. The Norris-Doxey Act is proposed to be repealed by this provision. 11105 There are two differences between this measure and the present law. One is that the owners of forest tracts which are not farm tracts or wood lots are in- cluded. A second provision has been put in the bill ‘making it clear that it is the intention of Congress that commercial foresters be not interfered with, but helped by this measure. Senators will find that the committee amendment covers that, and likewise that the report of the committee covers it, so that there can be no possible feeling from here on that this is an effort to displace com- mercial professional foresters. Any- thing but that is the case, indeed, the committees are anxious to protect the commercial and professional foresters. Mr. AIKEN. Mr. President, will the Senator from Kansas withhold his ob- jection so I may say something about the bill? Mr. SCHOEPPEL. Yes. Mr. AIKEN. The provisions of the bill with respect to foresters have been in effect in my own State of Vermont for some time. The foresters have been of inestimable value to the landowners of the State. Vermont is the only State that is completely served in this way at this time. So far as I know, and I think I know every State forester in New Eng- land, they have all urged passage of the bill. I understand it was objected to by the distinguished Senator from Massa- chusetts {Mr. SALTONSTALL]. I cannot conceive of any reason under heaven why he would object to the bill, and I hope that when he returns to the floor—I am sorry he is not here now—he will see fit to withdraw his objection, The bill has been amended to meet all the objections which were raised to it when it was called up before, to the satis- faction of all, so far as I know. Mr. HOLLAND. Mr. President, will the Senator yield for a question? Mr. AIKEN. Yes. Mr. HOLLAND. Is it true that after long debate in the last session, and also throughout this session, the measure finally comes out of the committee by unanimous vote of the Senate Commit- tee on Agriculture and Forestry? Mr. AIKEN. What the Senator from Florida says is true. This is a bill which puts this work squarely under the States, under State direction. It is a bill which would promote the work of the consulting foresters who feared that it might take work away from them. I certainly have hoped that the bill, which, so far as I know, has had the unanimous backing of every State forester in the United States—it certainly has had the backing of the heads of thelr associations, and I know of no objection on the part of any of them—will be passed. I hope the senior Senator from Mas- sachusetts will see fit to withdraw his objection, so that the work provided for in this measure, which has done 50 much good in New England, may be extended to other parts of the country. The VICE PRESIDENT, I: there ob- jection? Mr. SCHOEPPEL. Mr. President, I renew the objection. ; The VICE PRESIDENT. Objection being made, the bill goes over
11106 MAINTENANCE OF DOMESTIC TIN- SMELTING INDUSTRY The VICE PRESIDENT laid before the Senate the amendment of the House of Representatives to the bill (S. 3666) to extend for 5 years the authority to pro- vide for the maintenance of a domestic tin-smelting industry, which was to strike out all after the enacting clause and insert: That section 2 of the joint resolution en- titled “Joint resolution to strengthen the common defense and to meet industrial needs for tin by providing for the maintenance of a domestic tin-smelting industry,” approved June 28, 1947 (61 Stat. 190), as amended, fs amended by striking out “1951” and insert~- ing in lieu thereof 1956", and by substitut- ing for the period after the word “designate” a colon, and adding the following: “Provided, That such powers, functions, duties, and authority shall be exercised and performed with due regard to the public interest in the maintenance of domestic smelting of West- ern Hemisphere tin ores and concentrates by American private enterprise.” Mr. JOHNSON of Texas. Mr. Presi- dent, I move that the Senate disagree to the amendment of the House, ask for a conference with the House on the dis- agreeing votes of the two Houses there- on, and that the Chair appoint the con- ferees on the part of the Senate. The motion was agreed to; and the Vice President appointed Mr. JoHNsoNn of Texas, Mr. Hunt, and Mr. Morse con- ferees on the part of the Senate. The VICE PRESIDENT. The clerk will state the next measure ordered placed at the foot of the calendar. GRANT OF LAND TO ALBUQUERQUE FOR PUBLIC PURPOSES The bill (8. 3584) to amend the act of June 9, 1906 (34 Stat. 227), entitled “An act granting land to the city of Al- buquerque for public purposes,” was con- sidered, ordered to be engrossed for a third reading, read the third time, and passed, as follows: Be it enacied, etc., That the act approved June 9, 1906 (34 Stat. 227), entitled “An act granting land to the city of Albuquerque for public purposes,” is hereby amended by add- ing thereto the following: “Se7. 2. The city of Albuquerque is au- thorized to convey, without restrictions as to uce, not to exceed one-half of the acreage patented under this act: Provided, however, That all the proceeds derived from such sale or salcs shall ke used for the construction of @ public auditorium, erected either under the sole sponsorship of the city of Albuquer- que or, if located upon land owned by the University of New Mexico, as a joint project with that university.” PERFORMANCE OF CERTAIN FUNCTIONS OF THE PRESIDENT BY OTHER OFTICERS The VICE PRESIDENT. The clerk will state the next measure which has been ordered to be placed at the foot of the calendar. The bill (H. R. 5526) to authorize the resident to provide for the performance of certain functions of the President by other officers cf the Government, and for other purposes, was announced as next in order. The VICE PRESIDENT. Is there ob- jection to the present consideration of the bill? CONGRESSIONAL RECORD—SENATE Mr. LANGER. Mr, President, what is the calendar number of the bill? The VICE PRESIDENT. It is Calen- dar No. 1871, House bill 5526. Mr. LANGER. I have no objection. The VICE PRESIDENT. Is there ob- jection to the present consideration of the bill? There being no objection, the bill (H. R. 5526) was considered, ordered to a third reading, read the third time, and passed, AUTHORIZATION FOR GRANTEES OF REC- REATIONAL DEMONSTRATION PROJECT LANDS TO MAKE LAND EXCHANGES The VICE PRESIDENT. The next measure ordered placed at the foot of the calendar will be stated. The bill (H. R. 3284) to authorize grantees of recreational demonstration project lands to make land exchanges re- lating to such properties, and for other purposes, was announced as next in or- der. Mr. McCARRAN. Mr. President, a bill with a lower calendar number than the one just announced was previously or- dered to be placed at the foot of the calendar. I refer to Calendar No. 1893, Senate bill 2204. The VICE PRESIDENT. The clerk informs the Chair that it is a bill which the Senator from West Virginia |Mr. NEELY] wished to have brought up a mo- ment ago; and it went to the foot of the calendar. Mr. NEELY. That js correct, and I ask that the Senate return to that bill now. The VICE PRESIDENT. The bills which previously have been ordered to the foot of the calendar are not being called up in accordance with the se- quence of their calendar numbers, but are being called up in accordance with the place they took when they were or- dered to the foot of the calendar. The bill to which the Senator refers will be reached in due course. The question now is: Is there objec- tion to the present consideration of House bill 3284, Calendar No. 1937? Mr. LANGER. Mr. President, may we have an explanation of the bill? Mr. O’MAHONEY. Mr. President, if my memory serves me correctly, this bill has already been passed. I have previ- ously made an explanation of it, al- though of course I am glad to do so again, This bill deals with certain lands which have been conveyed by the Fed- eral Government to the States, and the bill allows the States which have re- ceived these grants to make exchanges of lands in order to acquire private property within the exterior boundaries. As I have said, it is my understanding that the bill has already been passed, be- cause I clearly recall having made an explanation of the bill earlier in the ay. The VICE PRESIDENT. The Chair is advised that the bill has not been passed. Mr. O'MAHONEY. Of course, I am very glad to make the explanation again, but on the previous occasion, there was no objection to the bill, so far as Z recall, JULY 26 The VICE PRESIDENT. The Chair is advised that the Senator from Oregon {[Mr. Morse] asked that the bill go to the foot of the calendar. Mr. O’MAHONEY. Oh, yes, Mr. President; my recollection now returns. The Chair has correctly advised me. This bill is occasioned by the fact that under the act of June 6, 1942, the Fed- eral Government conveyed to the States certain areas which had been used for recreational development under a pro- gram which had been abandoned. The property now belongs to the States. However, in several instances— notably in Pennsylvania and in Tennes- see—within the exterior boundaries of the areas granted, there were privately owned lands. In order to enable the States to acquire title to those lands, it is necessary that this bill be passed and enacted into law, in order to allow the Secretary of the Interior to grant to the States the right to make exchanges of the lands. Enactment of the bill will cost the Federal Government nothing. Mr. LANGER, I thank the Senator. The VICE PRESIDENT. Is there ob- jection to the present consideration of the bill? There being no objection, the bill (H. R. 3284) was considered, ordered to a third reading, read the third time, and passed. DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF PENNSYLVANIA—BILL PASSED OVER The VICE PRESIDENT. The next measure ordered placed at the foot of the calendar will now be stated. The bill (H. R. 6606) to provide that the district judge for the eastern, mid- dle, and western districts of Pennsyl- vania shall become a district judge for the middle district of Pennsylvania alone when the first vacancy occurs in that district was announced as next in order, The VICE PRESIDENT. Is there ob- jection to the present consideration of the bill? There being no objection, the bill was considered, ordered to a third reading, read the third time, and passed, Mr. MARTIN subsequently said: Mr. President, let me inquire in regard to Calendar No. 2007, House bill 6606. The VICE PRESIDENT. That bill has just been passed. Mr. MARTIN. I ask unanimous con- sent for the reconsideration of the vote by which the bill was passed. The VICE PRESIDENT. Is there ob- jection? The Chair hears none, and the vote by which the bill was passed will be reconsidered, and the bill is again before the Senate. Mr, MARTIN. Mr. President, my col- league, the senior Senator from Pennsyl- vania [Mr. Myers], and I have been dis- cussing this bill, and we would like to have it placed at the foot of the calen- dar, so that it can be considered at the next call of the calendar. The bill in- volves a matter— - The VICE PRESIDENT. Let the Chair state that ordinarily the bill would keep its place on the calendar if it is not acted on today,
1950 If the bill goes to the foot of the cal- endar now, it will be called again today. Mr. MARTIN. Then, Mr. President, I ask unanimous consent that the bill now be passed over and be called at the next call of the calendar. The VICE PRESIDENT. Without ob- jection, it is so ordered. ESTABLISHMENT OF OFFICE OF CIVIL DEFENSE, DISTRICT OF COLUMBIA The VICE PRESIDENT. The next measure ordered placed at the foot of the calendar will be stated. The bill (H. R. 8909) to authorize the District of Columbia government to establish an Office of Civil Defense, and for other purposes, was announced as next in order. The VICE PRESIDENT. Is there ob- jection to the present consideration of the bill? Mr, HUNT. Mr. President, the Sena- tor from Nebraska {[Mr. Wuerry], the distinguished minority floor leader, has submitted three amendments. As chair- man of the subcommittee handling the bill, I should like to have the amend- ments stated. The VICE PRESIDENT. First, the question is whether there is objection to the present consideration of the bill. There being no objection, the Senate proceeded to consider the bill. The VICE PRESIDENT. The clerk does not seem to have the amendnients to which the Senator from Wyoming has referred. Mr. WHERRY. Mr. President, it ts immaterial to me whether the amend- ments are read; if the chairman of the subcommittee agrees to accept the amendments, we can take the bill to con- ference, and not have the amendments read at this time. Mr. HUNT. Mr. President, I accept the amendments The VICE PRESIDENT. Neverthe- less, it is necessary that the amendments be read. Mr. HUNT. The amendments have previously been read, Mr. McFARLAND. Mr. President, I ask unanimous consent that the reading of the amendments be waived. The VICE PRESIDENT. Is there ob- jection to the request of the Senator from Arizona? Mr. LANGER. I object. I think the amendments should be read and voted on. The VICE PRESIDENT. The amend- ments have now been located, and the clerk will proceed to state them. The Lecrstative Crerk. On page 3, in line 22, after “(e)”, it is proposed to insert “in accordance with the civil serv- ice laws and regulations.” The amendment was agreed to. The LecrsLative CizrxK. On page 3, in line 24, it is proposed to strike out “with- out reference to” and insert “in accord- ance with.” The amendment was agreed to. The Lecrsuative CierK. On page 4, after the word “Act”, before the semi- colon in line 3, it is proposed to insert a colon and the words: “Provided, That no person shall be employed pursuant to this paragraph until the Federal Bureau of Investigation shall have made an in- CONGRESSIONAL RECORD—SENATE vestigation and a report to the Director concerning the loyalty of such person, and the Director, in accordance with such regulations as he shall issue, shall make a finding on the basis of the report of the Federal Bureau of Investigation, whether the employee is suitable for em- ployment.” The amendment was agreed to. The Lecrsuative Clerk. On page 5, after line 19, it is proposed to insert a new section as follows: Src 6. The Office of Civil Defense, through the Commissioners of the District of Colum- bia, shall gubmit to the Senate and House of Representatives on the first day of each regu- lar session of the Congress, @ report of its activities and expenditures under this act. The amendment was agreed to. Mr. McCARRAN. Mr. President, I understood from the reading of one of the amendments that it would place Mr. J. Edgar Hoover in the position of evaluating his own reports. Mr. WHERRY. No; the Director of the Office of Civil Defense will evaluate them. The FBI will make the investi- gation, and after the Director receives the report he will decide whether the person concerned is loyal or disloyal. Mr. McCARRAN. Of course, Mr. Hoover is the Director, Mr. WHERRY. Mr. Hoover is Direc- tor of the Federal Bureau of Investiga- tion, but I refer to the Director of the Office of Civil Defense, to be appointed under this measure by the Commis- sioners of the District of Columbia to prepare a defense program. There is no other way by which to proceed in connection with this matter. The FBI will make the investigations and will report to the Director of the Office of Civil Defense, who will certify as to the person's loyalty. Mr. HUNT. Mr. President, I offer an additional amendment, which I send to the desk and ask to have stated. The VICE PRESIDENT. The amend- ment will be stated. The LEGISLATIVE CLERK. On page 2, line 8, it is proposed to insert the following: Notwithstanding the limitation of any law, there may be employed in such Office of Ctvil Defense any person who has been retired from any of the Armed Forces of the United States or any office or position in the Fed- eral or District governments, and while so employed in such Office of Civil Defense any such retired person may receive the com- pensation authorized for such employment or the retired pay, retirement compensation, or annuity, whichever he may elect, and upon the termination of his employment in such Office of Civil Defense, he shall be re- stored to the same status as a retired officer or employee with the same retired pay, re- tirement compensation, or annuity to which he was entitled before having been employed it. such Office of Civil Defense. The VICE PRESIDENT. Without ob- jection, the amendment is agreed to. The amendments were ordered to be engrossed and the bill to be read a third e. The bill was read the third time and passed Mr. HUNT. Mr. President, I move that the Senate insist on its amend- ments, ask a conference with the House on the disagreeing votes of the two Houses thereon, and that the Chair ap- 11107 point the conferees on the part of the Senate. The motion was agreed to, and the Vice President appointed Mr. Hunt, Mr. Frear, and Mr. HENpRickson conferees on the part of the Senate. GRANT OF PERMANENT RESIDENCE STATUS TO CERTAIN ALIENS The VICE PRESIDENT. The Clerk will state the next measure which was placed at the foot of the calendar. The Learsiative Currgk. A concurrent resolution (H. Con. Res. 181) favoring the grant of status of permanent resi-~ dence to certain aliens. The VICE PRESIDENT. Is there ob- jection to the consideration of the reso- lution? There being no objection, the Senate proceeded to consider the resolution. The VICE PRESIDENT. The Senator from Colorado (Mr. JoHNson!) has an amendment on the desk to this bill. Mr. JOHNSON of Colorado. The amendment has been read. The VICE PRESIDENT. The Secre- tary will restate the amendment. The Leorstative CirrkK. On page 1, im- mediately following line 9, to insert: A-6843526, Forostyna, Lidia Maria. The amendment was agreed to. The concurrent resolution, as amend- ed, was agreed to, IMPLEMENTATION OF TUNA CONVEN- TIONS The Senate proceeded to consider the bill (S 2633) to give effect to the Con- vention for the Establishment of an In- ternational Commission for the Scien- tific Investigation of Tuna, signed at Mexico City, January 25, 1949, by the United States of America and the United Mexican States, and the Conven- tion for the Establishment of an Inter- American Tropical Tuna Commission, signed at Washington, May 31, 1949, by the United States of America and the Republic of Costa Rica, and for other purposes, which had been reported from the Committee on Foreign Relations with amendments; on page 4, after line 7, to insert a new section, as follows: Src. 5. Service of an individual as a mem- ber of the commissions representing the United States appointed pursuant to section 8, or as a Member of the advisory committee appointed pursuant to section 4, shall not be considered as service or employment bringing such individual within the pro- visions of sections 281, 288, and 284 of title 18 of the United States Code, of section 190 of the Revised Statutes (U.S. C., title 5, sec. 99), or of any other Federal law imposing re- strictions, requirements, or penalties in re- lation to the employment of persons, the performance of services, or the payment or receipt of compensation in connection with any claim, proceeding, or matter involving the United States, other than claims, pro- ceedings or matters in connection with the conventions or this act. In line 22, to change the section num- ber from “5” to “6”; on page 5, line 19, to change the section number from “6” to “7. on page 6, line 11, to change the sec- tion number from “7” to “8”; in line 16, to change the section number from “8” to “9”; on page 7, line 11, to change the section number from “9” to “10”; on page 6, line 15, to change the section
11108 number from “10” to “11”; in line 23, to change the section number from “11” to “19: on page 9, line 23, to change the section number from “12” to “13”, and on page 10, line 4, to change the section number from “13” to “14”, so as to make the bill read: Be tt enacted, etc, That this act may be cited as the “Tuna Conventions Act of 1949.” Sec. 2 As used in thig act, the term— (a) “convention” includes (1) the Con- vention for the Establishment of an Inter- national Commission tor the Scientific In- vestigation of Tuna, signed at Mexico City, Januery 25, 1949, by the United States of America and the United Mexican States, (2) the Convention for the Establishment of an Inter-American Tropical Tuna Commission, signed at Washington, May 31, 1949, by the United States of America and the Republic of Costa Rica, or both such conventions, as the context requires; (b) “commission” includes (1) the Inter- national Commission for the Scientific In- vestigation of Tuna, (2) the Inter-American Tropical Tuna Commission provided for by the conventions referred to in subsection (a) of this section, or both such commissions, as the context requires; (c) “United States Commissioners” means the members of the commissions referred to in subsection (b) of this section represent- ing the United States of America and ap- pointed pursuant to the terms of the perti- nent convention and section 3 of this act; (ad) “person” means every individual, part- nership, corporation, and association subject to the jurisdiction of the United States, and (e) “enforcement agency’ means such agency or agencies of the Federal Govern- ment as may be designated by the President to enforce the provisions of this act and of the conventions and regulations adopted pursuant to the conventions or this act. Sec 3. The United States shall be repre- sented on the two commissions by a total of not more than four United States Com- missioners, who shall be appointed by the President, serve as such during his pleasure, and receive no compensation for their serv- ices as such Commissioners. Of such Com- missioners — (a) not more than one shall be a person residing elsewhere than in a State whose ves- sels maintain a substantial fishery in the areas of the conventions, (b) at least one of the Commissioners who are such legal residents shall be a person chosen from the public at large, and who is not « salaried employee of a State or of the Federal Government; and (c) at least one shall be an officer of the United States Fish and Wildlife Service. Src. 4 The United States Commissionors shall (a) appoint an advisory committee which shall be composed of not less than five nor more than fifteen persons who shall be selected from the various groups partici. pating in the fisheries Included under the conventions, and (b) shall fix the terms of Office of the members of such committee, who shall receive no compensation for their services as such members. The advisory committee shall be invited to attend all non- executive meetings of the United States sec- tions ond shall be given full opportunity to examine and to be heard on all proposed programs of investigation, reports, recom- mendations, and regulations of the com- missions The advisory committee may at- tend all meetings of the international com- missions to which they are invited by such commissions, frc 5. Service of an Individual a5 a mem. ber of the commissions representing the United States appointed pursuant to section 3, or as a member of the advisory committee appointed pursuant to section 4, shall not be considered as service or employment bringing such individual within the provi- sions of sections 281, 283, and 284 of title CONGRESSIONAL RECORD—SENATE 18 of the United States Code, of section 190 of the Revised Statutes (U. 8. C., title 5, sec, 99), or of any other Federal law imposing restrictions, requirements, or penalties in relation to the employment of persons, the performance of services, or the payment or receipt of compensation in connection with any claim, proceeding, or matter involving the United States, other than claims, pro- ceedings, or matters in connection with the conventions or this act, Sec, 6. (a) The Secretary of State ts au- thorized to approve or disapprove, on behalf of the United Strtes Government, bylaws and rules, or amendments thereof, adopted by each commission and submitted for approval ot the United States Government in accord- ance with the provisions of ehforcement agency, to approve or disapprove thé gen- eral annual programs of the commissions, The Secretary of the conventions, and, with the concurrence of the head of the State is further authorized to receive, on behalf of the United States Government, reports, re- quests, recommendations, and other com- munications of the commissions, and to take appropriate action thereon either directly or by reference to the appropriate authority, (b) Regulations recommended by each commission pursuant to the convention re- quiring the submission to the commission of records of operations by boat captains or other persons who participate in the fish- erles covered by the convention, upon the concurrent approval of the Secretary of State and the head of the enforcement agency, shall be promulgated by the latter and upon publica‘ion in the Federal Register, shall be applicable to all vessels and persons subject to the jurisdiction of the United States, Src 7, Any person who fails to make, keep, furnish, or refuses to permit inspection of any catch return, statistical record, or any report that may be required by the convention, or by regulations adopted pursuant to the con- vention or this act, or any person who fur- nishes or issues a false return, record, or report, upon conviction, shall be subject to such fine as may be imposed by the court, not to exceed $1,000, and in addition by appro- priate proceedings in a court of competent jurisdiction such person may be enjoined from fishing for or possessing the kinds of fish covered by the convention, taken in the waters of the Pacific Ocean, from the date of such conviction untl such time as any de- Mnquent return, record, or report shall have been suomitted, or any false return, record, or report shall have been replaced by a duly certified correct and tiue return, record, or report to the satisfaction of the court. Sec 8 The head of the enforcement agency is authorized and directed to enforce all of the provisions of this act and of the regu- lations issued pursuant thereto, and all of the provisions of the conventions, except to the extent otherwise provided for in this act, or in the conventions Src 9. (a) In order to provide coordina- tion between the general annual programs of the commissions and programs of other agencies, relating to the exploration, de- velopment, and conservation of fishery re- sources, the Secretary of State may recom- mend to the United States Commissioners that they consider the relationship of the commissions’ programs to those of such agen- cles and when necessary arrange, with the concurrence of such agencies, for mutual cooperation between the commissions and such agencies for carrying out their respec- tive programs, (b) All agencies of the Federal Govern- ment are authorized on request of the commissions to cooperate in the conduct of scientific and other programs, or to furnish facilities and personnel for the purpose of assisting the commissions in the perform- ance of their duties. (c) The commissions are authorized and empowered to supply facilities and personnel JULY 26 to existing non-Federal agencies to expedite research work which in the judgment of the commissions is contributing or will contribute directly to the purposes of the conventions. Src, 10. (a) Any person authorized by the head of the enforcement agency to enforce the provisions of the conventions or of this act or the regulations issued pursuant there- to shall have power, without warrant or other process, to arrest any person subject to the jurisdiction of the United States com- mitting in his presence or view a violation of any of the provisions of the conventions, or of this act, or of the regulations issued pursuant thereto, and to take such person immediately for examination before a justice or Judge or any other official designated in section 3041, title 18, United States Code. Any person duly authorized on behalf of the United States to enforce the provisions of the conventions, or of this act, or of the regulations issued pursuant thereto, shall have power to execute any warrant or other process issued by an officer or court of com- potent jurisdiction for the enforcement of the conventions, or of this act, or of the regulations issued pursuant thereto. (b) Any person authorized by the com- missions shall have power, without warrant or other process, to inspect, at any reasonable hour, such catch returns, statistical records, or other reports as are required by the reg- ulations to be made, kept, or furnished, (c) The head of the enforcement agency may authorize officers and employees of any coastal State of the United States and em- ployees of the commissions to enforce the provisions of the conventions or of this act or the regulations issued pursuant thereto, When 50 authorized such officers and em- ployees may function as Federal law-enforce- ment officers for the purposes of this act. Src 11. None of the prohibitions con- tained in this act or in the laws and regula- tions of the States shall prevent the com- missions from conducting or authorizing the conduct of fishing operations and biological experiments at any time for the purpose of scientific investigations as authorized by the conventions, or shall prevent the commis- sions from discharging any of its or their functions or duties prescribed by the con- ventions, Sec. 12. There is hereby authorized to be appropriated from time to time, out of any moneys in the Treasury not otherwise ap- propriated, such sums as may be necessary to carry out the provisions of each conven- tion and of this act, including— (a) contributions to each commission for the United States share of any joint expenses of the commission and the expenses of the United States Commissioncrs and their staff, including personal services in the District of Columbia and elsewhere, (b) travel expenses without regard to the Standardized Government Travel Regula- tions, a8 amended, the Travel Expense Act of 1949, or section 10 of the act of March 38, 1933 (U. S C, title 5, sec. 73b); (c) printing and binding without regard to section 11 of the act of March 1, 1919 (U. 8. C, title 44, sec. 111), or section 3709 of the Revised Statutes (U. S. C., title 41, sec. 5); (ad) stenographic and other services by contract if deemed necessary, without regard to section 3709 of the Revised Statutes (U.S. ©., title 41, sec. 5); and (e) purchase, hire, operation, mainte- nance, and repair of aircraft, motor vehicles (including passenger-carrying vehicles), boats and research veseels. Src. 13. If any provision of this act or the application of such proviston to any cir- cumstances or persons shall be held invaltd, the validity of the remainder of the act and the applicability of such provision to other gircumstances or persons shall not be af- fected thereby.
1950 Szc. 14. This act shall take effect with re- spect to each of the conventions upon the entry into force of that convention, unless such entry into force shall be prior to the date of approval of this act in which case this act shall take effect immediately. The amendments were agreed to. The bill was ordered to be engrossed for a third reading, read the third time, and passed. AMENDMENT OF TRADING WITH THE ENEMY ACT The bill (S. 1292) to amend section 32 (a) (2) of the Trading With the Enemy Act, was announced as next in order. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? Mr. HENDRICKSON. Reserving the right to object, Mr. President, may we have an explanation of this bill? Mr. McCARRAN. Mr. President, this bill amends the Trading With the Enemy Act, so as to permit the Treasurer of the United States, through the auspices of the Alien Property Custodian, to make returns of property to two classes of in- dividuals, namely: (a) To individuals who, at all times since Pearl Harbor, were citizens of the United States, and (b) those individuals who, having lost United States citizenship solely by rea- son of marriage to a citizen or subject of a foreign country, reacquired such citizenship prior to the date of enact- ment of this bill if such individual would have been a citizen of the United States at all times since Pearl Harbor, During the confusion of the early war years, the Alien Property Custodian vest- ed the property of all United States citi- zens, who had dual citizenship where half of the duality of citizenship was that of anenemy nation. When time and condi- itons permitted reappraisal, the Alien Property Custodian declined to vest the property of American citizens who pos- sessed duality of citizenship if there was no history of their bearing aid and suc- cor to the enemy. Under existing law, the Alien Property Custodian is prohibited from making re- turns of this vested property, a situation which gives rise to obvious inequities and one toward which this bill is di- rected. The bill bears the favorable endorse- ment of the Alien Property Custodian of the Department of Justice. Mr. HENDRICKSON. I thank the distinguished Senator for his explana- tion, The VICE PRESIDENT. Is there ob- jection to the present consideration of the bill? There being no objection, the Senate proceeded to consider the bill (8, 1292) which had been reported from the Com- mittee on the Judiciary with an amend- ment, to strike out all after the en- acting clause and insert: That subdivision (D) of paragraph (2) of section 32 (a) of the Trading With the Enemy Act, as amended, is amended by inserting after the words “citizenship under the law of such nation” a colon and the following: “And provided further, That, notwithstand- ing the provisions of subdivision (C) hereof and of this subdivision (D), return may be made to an individual who at all times since CONGRESSIONAL RECORD—SENATE December 7, 1941, was a citizen of the United States, or to an individual who, having lost United Statea citizenship solely by reason of marriage to & citizen or subject of a for- eign country, reacquired such citizenship prior to date of enactment of this proviso if such individual would have been a citizen of the United States at all times since De- cember 7, 1941, but for such marriage.” The amendment was agreed to. The bill was ordered to be engrossed for a third reading, read the third time, and passed. RELIEF OF SHAREHOLDERS OF GOSHEN VENEER O0O.—BILL PASSED OVER The bill (S. 410) for the relief of the former shareholders of the Goshen Ve- neer Co., an Indiana corporation, was announced as next in order. The VICE PRESIDENT. Is there ob- jection to the present consideration of the bill? Mr. DOUGLAS. Mr. President, in view of the large amount of money in- volved in this bill, namely $513,000, may we have an explanation of the bill, and of the reasons for the recommendations of the committee? The VICE PRESIDENT. An expla- nation is requested. Mr. DONNELL. Mr. President, the sponsor of this bill, the Senator from Indiana {Mr. CaprHart], {s now on the floor, but I shall, with the permission of the Senate, proceed to explain the bill. Mr. CHAVEZ. Mr. President, will the Senator yield? The VICE PRESIDENT. Does the Senator from Missouri yield to the Sen- ator from New Mexico? Mr. DONNELL. I yield. Mr. CHAVEZ. The amount of money involved is so large that notwithstand- ing any explanation the Senator may make now—and I have the greatest con- fidence in him both now and at all other times—it appears to me that a bill in- volving $513,000 should not be passed on the Unanimous Consent Calendar. Hence I shall object to its consideration. Mr. DONNELL. Mr. President, will the Senator be kind enough to withhold his objection, that I may make a brief statement? Mr, CHAVEZ. Yes. Mr. DONNELL. I thank the Senator. Mr. President, I can well understand the view of the Senator from New Mexico. This is a large amount of money. I shall make the explanation with respect to the bill, a brief one, because of the 5-minute limitation. I make it because of the fact that Iam a member of the subcommittee of the Committee on the Judiciary, and I reported the bill after the action taken by the committee. The subcommittee devoted a very con- siderable amount of time to studying this bill. Briefly, the bill proposes to pay cer- tain specified sums of money to claim- ants as shareholders and debenture holders, for their losses, and for their re- spective property rights, in the Goshen Veneer Co., an Indiana corporation. The facts are, briefly, that this company, or- ganized I think originally as a partner- ship but subsequently as a corporation, had been in existence since 1892, and had been engaged solely in the manufacture of plywood, 11109 It appears that at the beginning of World War I there was a crucial short- age of aluminum, and the Air Forces of the United States decided to test struc- tural plywood in the fabrication of gliders and glider wings. In that connec- tion, a representative of the Office of the War Department Air Corps, shortly be- fore July 29, 1942, called on this company and spoke to a Mr. John Junior Snoke, who was not a stockholder but who was the operating manager of the company. The purpose of the visit of the emissary of the War Department was to find plants, throughout the district in which this plant was located, which had the facilities and the personnel to manufac- ture aeronautical plywood for the Air Forces. Obviously, Mr. President, as the com- mittee developed and found in the course of its study, this was an experimental matter. This company agreed to go into the manufacture of plywood for the Air Forces, to be used in connection with gliders, as I have indicated, and glider wings, and it was found necessary, as it had been told by a representative of the Government, to expand very largely its financial operations. The result was that large borrowings were effected by the company, and finally, about March 25, 1943, when the borrowings had ex- panded to a point which to this company was @ very large amount—within a few hundreds of $600,000—another loan agreement was entered into between the company and First Bank and Trust Co., of South Bend, to effect a situation under which additional loans might be made. In the course of this loan agreement, which is set forth in the report, provision was made for the turning over of at least 51 percent of the voting shares of the capital stock as collateral for the loan. Mr. President, it would require much more time than is afforded at this mo- ment for me to develop the situation as it did in fact develop. The situation was that in December 1942, a Mr. Van Ant- werp, who was president of the bank by which the loans had been made, came to the company, went over all the book- keeping, and announced that from that day on the bank was going to counter- sign all checks issued by the company. It appears, in the opinion of our subcom- mittee, and, I think, in the opinion of the Judiciary Committee, relying on our subcommittee, that the control of the Management of the company was taken out of the hands of the stockholders, at or about the time that Mr. Van Antwerp announced his intention of countersign- ing all the checks and passing on the financial transactions of the company, Ultimately, Mr. President—and I am near the end of the story, and I see the hands of the clock indicate the passage of time—ultimately, the situation was that the entire assets of the company be- came lost to the company. The recital of the facts would take too long, but the outcome was that the company had, at the suggestion of the representative of the War Department, entered into this work, its borrowings expanded, and at least one claim of approximately $800,000 could not be collected and was ultimately settled by the Government, which was,
11110 in effect, controlling the situation, for $150,000. Mr. President, there are many, Many more details of this matter which I could amplify if time were available, but the point is that the company became worth- less; and it became worthless because it had responded to the suggestion made by the War Department, with the idea of contributing to the victory of our coun- try. The committce felt that the equities of the case are such that these people should be rcimoursed, rather than to send the matter to the Court of Claims. One of the claimants is 87 years old, and an in- ference dcrived from the evidence indl- cates that another one is upward of 80 years of ase. It is thought that the mat- ter might be handled by an authorization for an appropriation by the Congress. The VICE PRESIDINT. The Sen- ator’s time has expired. Mr. NEELY. Mr. President, I demand the regular order. The VICE PRESIDENT. The Secre- tary will call the next bill on the list. RUDOLPH FARCHER The bill (S. 2204) for the relief of Ru- dolph Farcher was announced as next in order. Mr. WHERRY. Mr. President, reserv- ing the right to object, and I am not going to object, because of a statement made by the distinguished Senator from West Virginia ‘Mr. NeeLy) that there was a unanimous-consent request earlier in the afternoon that the bill go to the foot of the calendar. For that reason, I shall not object. I wish to keep faith with the distinguished Senator. But the bill is not on the list which I re- ceived from the desk, and, as I have ex- plained, several Senators have left the Chamber with the understanding that the only bilis that would be called were those which went to the foot of the cal- endar. Iam going to object to return- ing to any other bill. The VICE PRESIDENT. This bill was not sent to the foot of the calendar. Mr. WHERRY. That is the very point about which I interrogated the Parlia- mentarian. I understood there had been a request at 2 o’clock with reference to it. Mr. NEELY. That is correct. The Presiding Officer at that time, the dis- tinguished Senator from Mississippi [ Mr. Stennis}, said the bill would go to the foot of the calendar. The VICE FRESIDENT. Is there ob- jection to the present consideration of the bill? Mr. NEELY. Mr. President, in my judgment, humanity demands that the bill be passed. It provides for the pay- ment of $5,000 to an innocent man who lost a leg becauce of the careless driving of a truck by a Government employee. The Judiciary Committee has carefully considered the bill, and the distinguished chairman of that committee [Mr. Mc- Carrsn! is in favor of its passage. The VICE PRESIDENT. Is there ob- jecilon to the consideration of the bill? There being no objection, the Senate preceeded to consider the bill (8. 2204) for the relief of Rudolph Farcher, which had been reported from the Committee CONGRESSIONAL RECORD—SENATE on the Judiciary with an amendment, on page 1, line 5, to strike out “$9,250” and insert “$5,000.” The amendment was agreed to. The bill was ordered to be engrossed for a third reading, read the third time, and passed, as follows: Be it enacted, ete, That the Socretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, the sum of $5,000 to Rudolph Farcher, of Hunt- ington, W. Va, in full satisfaction of his claim against the United States for com- pensation for injuries sustained by him on August 21, 1939, when he was on a milk wagon which was struck by a truck operated by John Cromwell, an employee of the Work Projects Administration, who was assigned to the United States Engineer Office: Provided, That no part of the amount apprepriated In this act in excess of 10 percent thercof shall be patd or delivered to or received by any arent or attorney on account of services rendered in connection with this claim, and the came shall bo unlawful, any contract to the contrary notwithstanding Any person violating the provisions of th!s act shall be deemed guilty of a misdemcanor and upon conviction thereof rhall be fined in any sum not excecding $1,000. The VICE PRESIDENT. That com- pletes the bills at the foot of the calen- dar. DEVELOPMENT OF IMPROVED TRANSPORT AIRCRAFT Mr. JOHNSON of Colorado. Mr. Pres- ident, there is a bill which became lost in the shuffle. I refer to Calendar No. 1754, Senate bill 3504, which has the support of every department of Covern- ment, including the President of the United States. The VICE PRYSIDENT. The Chair is advised that that bill is at the point where we began to call the calendar to- day, and it has not been on the list of bills at the foot of the calendar. Mr. JOHNSON of Colorado. It was supposed to be on the list of bills back of the call of the calendar today. The VICE PRESIDENT. It is not on the list which was sent to the desk. Mr. JOHNSON of Colorado. Mr. Pres- ident, I ask unanimous consent—— Mr. WHERRY. Mr. President, I hope the Senator will not do that. If the Senator can convince the Chair, there is no one in the Senate whom I would rather accommodate than the distin- guished Senator from Colorado. Mr. JOHNSON of Colorado. I with- draw the request. The VICE PRESIDENT. The clerk advises the Chair that the bill was not on the list of bills at the foot of the calendar, nor is it on the special list to be called today. Mr. McFARLAND. Mr. President, I presume some Senators have requests to place matters in the Record. When that has been done, I intend to move that the Senate take a recess, First, I wish to express my appreciation for the coopera- tion of the Members of the Senate and of the staff. It has been a long, tiresome calendar, and I think we have accom- plished a great deal, Mr. McCARRAN, Mr. President, will the Senator yield? Mr. McFARLAND, I yield, JULY 26 AUTHORIZATION TO ISSUE PATENTS FOR CERTAIN LANDS IN PYRAMID LAKE IN- DIAN RESERVATION, NEV. Mr, McCARRAN, Mr. President, I ask unanimous consent that Calendar No. 956, Senate bill 17, be included in the next call of the calendar. Mr. WHERRY. I have no objection. I wonder if the Senator from Colorado {Mr. Jounson!, wants to make a similar request. DEVELOPMENT OF IMPROVED TRANS- PORT AIRCRAFT Mr. JOBNSON of Colorado. I make the request that Calendar No. 1754, Sen- ate bill 3504, be included in the next call of the calendar. The VICE FRESIDENT. Is there ob- jection? The Chair hears none, and it is so ordered. AUTHORIZATION OF CONSTRUCTION AT GRIFFISS AIR FORCE BASE lir. IVES. Mr. President, will the Senator yield? Mr. McFARLAND. I yield. Mr. IVES. Mr. Presicent, I should like to ask the distinguished acting ma- jority leader a question. TIarlier in the day a request was made to place Calen- dar No. 1940, Senate bill 3727, at the foot of the calendar, and after some dis- cussion it was decided not to do so be- cause it was out of order; but I under- stood a motion was to be made tempor- arily to lay aside the unfinished busi- ness and to consider Senate bill 3727. Can the Senator indicate to us the plan in that connection? Mr. McFARLAND. Mr. President, I did not yield for that purpose. The hour is late, it is now 7 o’clock—— Mr. IVES. I am not asking the Sen- ator to yield, Iam asking what he plans to do. Mr. McFARLAND. The appropria- tion bill is the pending business, and the Senator from Tennessee [Mr. McKEL- LaR] objects to its being displaced for the consideration of other proposed leg- islation. If it is going to be displaced, that will have to be worked out later. SALE OF CERTAIN ALLOTTED INHERITED LAND OF THE ROSEBUD INDIAN RESER- VATION, 'S. DAK. Mr. O'MAHONEY. Mr. will the Senator yield? Mr. McFARLAND. I yield. Mr. O’MAHONEY. Mr. President, as a@ noncontroversial: matter which ought to he cleared up today, I should like to say that on the 8th of June the Sen- ate passed Senate bill 2949, which granted a patent in fee for 160 acres to an Indian. On June 6, the House of Representa- tives passed an identical bill, H. R. 6703. It has been referred to the Committee on Interior and Insular Affairs of the Senate. We are therefore in the posi- tion of each House having passed the identica] bill but under a separate num- ber. The Senate passed its bill, and the House passed its bill. ‘This confusion could be cleared away if I could have unanimous consent to have the Senate Committee on Interior and Insular Af- fairs discharged from furtier considera- President,
1950 tion of the House bill, H. R. 6703, so that it may be passed by the Senate today, That would clear up the whole matter. Mr. WHERRY. May I inquire of the distinguished Senator when the Senate passed the bill to which he refers? Mr. O'MAHONEY, On the 8th of June. The House passed an identical House bill, 2 days before, on June 6. Mr. WHERRY. I have no objection, The VICE PRESIDENT. Is there ob- jection to the request of the Senator from Wyoming [Mr. O’MaHoney] that the Committee on Interior and Insular Affairs be discharged from further con- sideration of House bill 6703? The Chair hears none, and it is so ordered. Mr. WHERRY. Mr. President, I wish to inquire whether the House bill is identical with the Senate bill. be O’MAHONEY. It is the identical Mr. WHERRY. I want to be sure that we are not doing anything that has not been done already. Mr. O’MAHONEY. It is the identical bill, It consists of only 10 lfnes, and I shall be glad to read it to the Senator. Mr. WHERRY. No; I shall be glad to take the Senator’s word. I want the Recorp to show that it 1s the identical bill. Mr. O’MAHONEY. It is. The VICE PRESIDENT. Is there ob- jection to the present consideration of the bill? There being no objection, the bill (H. R. 6703) to authorize the sale of certain allotted inherited land on the Rosebud Indian Reservation, S. Dak., was considered, ordered to a third reading, read the third time, and passed. SMALL DEFENSE PLANTS CORPORATION Mr. SPARKMAN. Mr. President, in 1942, during the Second World War, Congress enacted legislation to establish the Small War Plants Corporation. To- day I have introduced a bill in the Senate, and Representative WricHt Patman, the chairman of the House Committee on Small] Business, has introduced an iden- tical bill in the House of Representatives. The purpose of the bills is to provide for setting up a Small Defense Plants Cor- poration in accordance with the Defense Act of 1950. Representative Patrman has inserted in the Recorp a copy of the bill and an analysis of it I invite Senators to read the bill and the analysis. Mr. President, I ask unanimous con- sent to insert in the Recor»y at this point a statement which has been prepared jointly by Representative Parman and myself relating to the proposed legisla- tion. There being no objection, the state- ment was crdered to be printed in the ReEcorp, as follows: SrTavEMENT BY SENATOR SPARKMAN AND REP- RESENTATIVE PATMAN ON THE SMALL DE- FENBSE PLANTS ACT OF 1950 America today is engaged in a decisive struggle to determine whether the ideals and inetitutions on which this Nation was founded will survive. In order to stop ag- gression, the President has ordered the par- tial mobilization of our manpower; and Con- gress is laying plans for the effective utili- zation of our industrial potential. The basic objective of these efforts is to pre- CONGRESSIONAL RECORD—SENATE serve and perpetuate political democracy for ourselves as well as for other freedom~ loving peoples, In the attainment of this objective, however, it is important that we maintain the prime source of our strength— the system of competitive free enterprise which has made us the preeminent indus- trial nation of the world, If we are to achieve our goal of n free and competitive economy, we must provide for the effective integration of small business in the defense effort. From the viewpoint of @ democracy, small business constitutes the critical segment of the economy. Free en- terprise and economic vigor depend upon the maintenance of small-business oppor- tunity. We want to assure for our returne ing servicemen the opportunity to work for themselves, their neighbors, or a free-en- terprise corporation This they understand is the essence of the democratic economy they are fighting and dying to preserve, We must safeguard that kind of economy here at home. THE NEED FOR SPECIAL SMALL BUSINESS LEGIS- LATION IN THE PRESENT DEFENSE PROGRAM A critical problem of partial or complete mobilization arises in the abnormal de- mands for the basic commodities —such as basic steel products, copper, lead, zinc, alu- minum, leather, and chemicals—for use in processing and fabrication. The experience of World War II indicated that when basic supplies become scarce large corporations proceed to embark on their own programs of allocation, Ample supplies are channeled to their own subsidiaries, while supplies sold to independente—for civilian and defense use—are sharply curtailed The results of this process are (1) that many small busi- ness firms are rapidly forced to close their plants because of an inability to secure sup- plies and (2) that many of the small -busi- ness firms which do survive are forced to become subcontractors of the giant con- cerns which control supplies of essential Taw materials. In most cases, small business does not enjoy the protection or advantage of compe- tition among the giant concerns which place the subcontracts. Instead, the small units sre forced to implore the large concerns for such favors as they may bestow and in amounts and upon terms which are dete:- mined solely by the giant concern or con- cerns. The experience in the early part of World War II showed that the growing scarcities, of basic materials and their control by the large corporations rapidly resulted (a) in the elimination of many small business units and (b) in the subjecting of many others to the dictates of the primary contractors. In an effort to correct these evils, Congress created the Smaller War Plants Corporation, Today a similar need exists for special legislation to insure that small business will have (1) a fair share of available supplies— Yor defense and essential civilian produc- tion—and (2) a fair and equitable system of subcontracting in those cases in which pri- mary contracts are awarded to large con- cerns. An indication of trends presently at work is revealed in the plan to grant private in- dustry exemption from the antitrust laws in order to permit the voluntary allocation by industry of scarce materials. Since big business insists that it has the right to select its own customers, how much consideration can small business expect to secure in a plan of voluntary allocation? The answer is prac- tically none. Big business now decides (1) who will get supplies, (2) how much anyone can secure, and (3) what prices such persons are to pay. A system of voluntary allocation aimply will accentuate this plan; and in a period of growing scarcities, small business has nothing to insure that it will secure a fair and equitable share of the short supplies, 11111 How, under the present proposals of (a) anti-trust-law exemption and (b) voluntary allocations, can small business survive? ‘What must it do to find employment for its facilities? The anewer to this question was revealed, at least in part, by Mr. Harry Blythe, Munitions Board adviser and chief of industrial mobilization planning. In the New York Times for July 22, 1950, Mr Blythe is quoted as advising small-business men to establish contacts with larger companies ime mediately with a view toward obtaining sub- contracts on Government work This is the heart of the present voluntary plan. Small business must find its salvation by seeking the favor of some big business unit. The essential purpose of the legislation which we are now proposing 1s to maintain the independence and dignity of small buel- ness (1) by insuring it a fair and equitab.e share of available supplies and (2) by pro- viding for a supervision of the subcontract- ing system to insure that smal] business will get a fair deal. THE NEED FOR ACTION NOW It is essential that we act without delay to marshal the resources of small business. Once the pattern of industrial mobilization has been established, only a drastic operation can change its character. The tremendous job facing us can never be done by the large concerns alone. We cannot afford to ignore the resources of small business which in the aggregate comprise the major portion of our productive facilities. For thie renson our bill is being proposed at the very beginning of the defense effort. In World War II the defense effort got under way in 1940. It soon became abun- daantly clear that, as successful as the repre- sentatives of the larger corporations were in mobilizing the resources of their own com- panies, they had neither the inclination nor the know-how to make full use of the facil~ jtaes Of small business, For 2 years the small~ business man was forgotten and ignored, His plants lay idle. His markets vanished. His supply of materials dried up. His skille in innumerable, highly specialized operations remained untapped. His labor drifted away to other plants For these reasons the Congress in 1942 es« tablished the Smaller War Plants Corpora- tion with the single purpose of bringing the facilities of small business into the war effort. The record of this agency is known to all. Its service to the American public in mare shaling the resources of the country, in keeps ing small business alive and preserving free enterprise, will be an everlasting monument to the administration and to the Congress. Let us not make the mistake of losing de- mocracy at home while winning the battle against a foreign aggressor. Competition and free enterprise are at the heart of a demo- cratic economic system. Small business 1s the vital element without which that system cannot function. TRIBUTE TO PRESIDENT TRUMAN Mr. LEHMAN. Mr. President, today’s New York Herald Tribune carries a fine and significant tribute to President Tru- man’s leadership in these times of crisis, written by the Alsop brothers. I ask unanimous consent to insert the article editorial in the body of the Recorp at this point. Mr. WHERRY. Mr. President, will the Senator yield for a question? Mr, LEHMAN, Yes, Mr, WHERRY. Did the Senator say that the matter he has referred to is in the form of an editorial in the New York Herald Tribune? Mr, LEHMAN. It fs a column written by the Alsop brothers.