1950 (5) to procure for and distribute to State associations, local chapters, and members all official Future Farmers of America supplies and equipment; (8) to publish an official magazine and other publications for the members of the corporation; (7) to strengthen the confidence of farm boys and young men in themselves and their work, to encourage members in the develop- ment of individual farming programs, and to promote their permanent establishment in farming by (&) encouraging improvement in scholarship; (b) providing prizes and awards to deserving students who have achieved distinction {n vocational agricul- ture, including farm mechanics activities on @ local, State, or national basis; and (c) assisting financially, through loans or grants, deserving students in all-day vocational ag- riculture classes and young farmers under 80 years of age who were former students in all-day vocational agriculture classes in be- coming satisfactorily established in a farm- ing occupation; and (8) to cooperate with others, including State boards for vocational education, in ac~ complishing the above purposes; and to en- gage in such other activities, consistent with the foregoing purposes, deteimined by the governing body to be for the best interests of the corporation, Src. 4 The corporation shall have power— (1) to sue and be sued, complain, and defend in any court of competent jurisdic- tion, (2) to adopt, use, and alter a corporate seal, (3) to choose such officers, managers, agents, and employees as the business of the corporation may require; (4) to adopt and alter bylaws and regula- tions, not inconsistent with the laws of the United States or any State in which such corporation is to operate, for the manage- ment of its property and the regulation of its affairs, including the establishment and maintenance of local chapters and State as- sociations of chapters; (5) to contract and be contracted with; (6) To take and hold by lease, gift, pur- ehase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects and accomplishing the purposes of the corporation, subject to applicable pro- vistons of law of any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real and personal property by, a corporation op- erating in such State; (7) to transfer and convey real or personal property; (8) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, subject to all applicable provisions of Federal or State law; (9) to use the corporate funds to give prizes, awards, loans, and grants to deserving students and young farmers for the purposes set forth in section 3; (10) to publish a magazine and other pub- Ications; (11) to procure for and distribute to State associations, local chapters, and members all official Future Farmers of America supplies and equipment; (12) to adopt emblems and badges; and (18) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation. Src. 6. The headquarters and principal offices of the corporation shall be located in the District of Columbia, but the activities of the corporation shall not be confined to that place but may be conducted throughout the various States, Territories, and posses- sions of the United States. The corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service of process for the corporation, such designation to be Aled in the office of CONGRESSIONAL RECORD—SENATE the clerk of the United States District Court for the District of Columbia. Notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed sufficient notice or service upon the corporation. Sec. 6. Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this act, be determined according to the bylaws of the corporation. In the conduct of official business of any locel chapter each member shall have one vote, In the conduct of the cfficial business of any State association each qualified delegate of a local chapter shall have one vote. Src. 7. (a) The national officers of the corporation shall be a student president, four student vice presidents (one from each of four regions of the United States established in the bylaws for purposes of administration of the corporation), a student secretary, an executive secretary, a treasurer, and a na- tional advisor. (bo) The national students officers of the corporation shall comprise a board of student officers. It shall be the duty of such board to advise and make recommendations to the board of directors with respect to the conduct of the activities and business of the corpo- ration (c) The national officers of the corpora. tion shall be elected annually by a majority vote of the delegates assembled in the annual national convention from among qualified members of the corporation, except that the national advisor shall be the Chief of the Agricultural Education Service, Office of Edu- cation, Federal Security Agency, the execu- tive secretary shall be a member of that Serve ice, and the treasurer shall be an employee or member of a State agency that directs or supervises a State program of agricultural education under the provisions of the Smith- Hughes Vocational Education Act or the Vocational Education Act of 1946 (Public Law 847, 64th Cong. and Public Law 586, 7th Cong). (d) In the conduct of the business of the annual national convention each qualified delegate shall have one vote. Sec, 8. (a) The governing body of the corporation, which shall exercise the powers herein granted to the corporation, shall be a board of directors composed of: (1) ‘the Chief of the Agricultural Education Service, Office of Education, Federal Security Agency, who shall act as chairman; (2) four staff members in the Agricultural Education Serv- ice, Office of Education, Fedcral Security Agency, and (3) four State supervisors of agricultural education, (b) The terms of office of members of the board and the method of selection of such members, Other than ex officio members, shall be prescribed by the bylaws of the corpora- tion. (c) The board shall meet at least once each year at such time and place as may be pre- scribed by the bylaws. The annual report of the board shall be presented at such meeting. Special meetings of the board may be called at any time by the chairman, (d) The board may designate the chair- man and two members of his staff as a gove erning committee which, when the board ts not in session, shall have and exercise the powers of the board subject to its direction and have the power to authorize the seal of the corporation to be affixed to all papers which may require it. (e) The board of directors which shall serve until the first board is selected as pro- vided in this act shall be composed of the nine persons named in the first section of this act. Sec. 9. (a) No part of the income or assets of the corporation shali inure to any mem- ber, officer, or director, or be distributable to any such person except upon dissolution and final liquidation of the corporation as pro- vided in section 15 of this act. 11031 (b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation, and any officer who participates in the making of such a loan shall be jointly and severally Mable to the corporation for the amount of such loan until the repayment thereof, (c) This section shall not preclude prizes, awards, grants, or loans to student officers and members meeting the criterla estabe lished by the board of directors for select« ing recipients of such benefits. Sec. 10. The corporation, and its members, officers, and directors, as such, shall not con~ tribute to or otherwise support or assist any political party or candidate for elective pub- lic office. ® Src 11 The corporation shall be Mable for the acts of its officers and agents when acte ing within the scope of their authority. 8rc.12. The corporation shall have no power to issue any shares or stock, or to de- clare or pay any dividends, its objects and purposes being solely educational. Sec 13. The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceed« ings of its members, the board of directors, and committees having any authority under the board of directors; and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the cor- poration may be inspected by any member or his agent or attorney at any reasonable time. Sec 14 (a) The financial transactions shall be audited annually by an independent cer- tified public accountant in accordance with: the principles and procedures applicable to commercial corporate transactions. The audit shall be conducted at the place or places where the accounts of the corpora= tion are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the corporation and necessary to facilitate the audit shall be made available to the person or persons conducting the audit; and full facilities for verifying trans- actions with the balances or securities held by depositors, fiscal agents, and custodians shall be afforded to such person or persons, (b) A report of such audit shall be made by the corporation to the Congress not later than January 15 of each year. The report shall set forth the scope of the audit and shall include a verification by the person or persons conducting the audit of statements of (1) assets and liabilities, (2) capital and surplus or deficit, (3) surplus or deficit analysis, (4) income and expense, and (6) sources and application of funds. Sec 15. Upon final dissolution or liquida- tion of the corporation and after the dise charge or satisfaction of all outstanding obli- gations and labllities, the remaining assets of the corporation shall be used by the board of directors for the benefit of students of vocational agriculture, or be transferred to some recognized educational foundation. Sec. 16. The corporation, and its duly aue thorized chapters and associations of chap- ters, shall have the sole and exclusive right to use the name of Future Farmers of Amere ica and the initials FFA as representing an agricultural membership organization and such seals, emblems, and badges as the cor poration may lawfully adopt. Sec. 17. As @ condition precedent to exere cise of any power or privilege granted to the corporation under this act, the corporation shall file in the Office of the Secretary of State, or similar officer, in each State and in each Territory or possession of the United States in which subordinate associations or chapters are organized the name, and post office address of an authorized agent in such State, Territory, or possession upon whom
11032 legal process or demands against the cor- poration may be served. 8zxc 18. The United States Commissioner of Education, with the approval of the Fed-~ eral Security Administrator, Is authorized to make available personnel, services, and facilities of the Office of Education requested by the board of directors of tho corporation administer or assist in the administration of the business and activities of the cor- poration. The personnel of the Office of Education shall not receive any compensa- tion from the corporation for their services, except that travel and other legitimate ex- penees as defined by the Commissioner of Education and approved by the board of directors of the corporation may be paid. The Commissioner, with the approval of the Administrator, also authorized to coop- erate with the te boards for vocational education to assist in the promotion of the activities of the corporation. Suc. 19. The corporation may acquire the assets of the Puture Farmers of America, a corporation organized under the laws of the State of Virginia, and of the Future Farmers of America Foundation, Inc., a corporation organized under the laws of the District of Columbis, upon discharging or satisfactorily providing for the payment and discharge of all of the Mabilities of such corporations. Sec. 20. The provisions of this act shall take effect on the filing, in the office of the clerk of the United States District Court for the District of Columbia of affidavits signed by the incorporatora named in the first section of this act to the effect that the Virginia corporation known as the Future Farmers of America has been dissolved in accordance with law, but only if such affi- davits are filed within 1 year from the date of enactment of this act. Src. 21, The right to alter, amend, or re- peal this act is hereby expressly reserved. The amendments were agreed to. The bill was ordered to be engrossed for a third reading, read the third time, and passed. YOUNG AMERICAN MEDAL FOR BRAVERY The Senate proceeded to consider the bill (H. R. 157) authorizing the Attorney Genera]! of the United States to recognize and to award to outstanding courageous young Americans a medal for heroism known as the Young American Medal for Bravery, and for other purposes, which had been reported from the Committee on the Judiciary, with amendments on page 1, line 3, after the word “the”, to strike out “Attorney General” and in- sert “Department of Justice;” on line 4, to strike out “he” and insert “it’; on line 6, after “thereof” to strike out “and awarding the same” and insert “so that an award shall be made”; on page 2 on line 4, to strike out “Attorney General” and insert “Department of Justice”; in line 7, to atrike out “Attorney General” and insert “sald Department of Justice”; on line 16, to strike out “Attorney Gen- era)” and insert “President of the United States”; on page 3, line 1, to insert “Pro- vided, That there shall not be awarded in any one calendar year in excess of four such medals, to wit, two for bravery and two for character and service, as herein authorized”; in line 5, to strike out “Attorney General” and insert “De- partment of Justice”; in line 8, to strike out “he” and insert “the President’; in line 10, to strike out “Attorney Gen- eral Department of Justice”; and in line 11, to strike out “his” and insert “its.” The amendments were agreed to. CONGRESSIONAL RECORD—SENATE Mr. HENDRICKSON, I offer an amendment which I ask to have stated, The VICE PRESIDENT. The Sena- tor from New Jersey offers an amend- ment which will be stated. The LecistaTive CLEerK. On page 3, line 13, after the word “authorized” it is propose to insert the words “in a sum not to exceed $5,000 per annum.” Mr. DONNELL. Mr. President, may I ask the Senator from Nevada whether or not he has offered for the Rzcorp, or intends to offer for the RecorD, a copy of a letter dated July 12, 1950, from the Honorable Peyton Ford, Deputy Attor- ney General, to the Honorable FPranx L. Curr, bearing on the cost of this project? Mr. McCARRAN, I have fered it. Mr. DONNELL. Would the Senator have any objection to my offering it? Mr. McCARRAN. I have no objec- tion. The VICE PRESIDENT. Is there ob- jection to the request of the Senator from Missouri? The Chair hears none, There being no objection, the letter was ordered to be printed in the Rrecorp, as follows: not of- Jory 12, 1950. Hon Frank L. Curis, House of Representatives, Washington, D.C. _ My Drak Mr. Concressman This will re- fer to your informal request for the views of the Department of Justice regarding the cost of a program such as that contemplated by H. R. 157, a bill to provide for a Young American Medal for Bravery, and a Young American Meda! for Service. Appropriate recognition of outstanding evidence of courage, bravery, character, and service on the part of young Americans will serve to reduce the incidence of juvenile de- linquency and to foster the spiritual, moral, physical, and mental improvement of young people, for which reasons the purposes of the bill are most commendable. The cost of the program contemplated by the bill as reported by the Senate Judiciary Committee would appear to be nominal when compared with its basic value As previously indicated to that committee in this Depart- ment’s report of February 3 of this year, the major items of cost would be round-trip transportation to Washington (assuming that the awards would be made in Washing- ton) for the four award winners and their guardians, and their maintenance during their visit in this city. In view of the fact that there will be but four award winners, the transportation cost for the party of eight, should all of the award winners come from the west coast (which ts unlikely) and be accompanied by guardians, would be ap- proximately $2,500, Adding to this a maxi- mum maintenance cost of $200 per day for the party while in Washington, and assum- ing they remain a full week, the total cost for these two biggest items of expense Is cal- culated not to exceed 83,900 Of course, tt is also contemplated that the selection of the award winners from among those nominated will entall some cost. How- ever, this cost can be minimized by arranging for eliminations within the States and the forwarding of the names of perhaps two nom- inees from seach State to compete for final selection, Yours sincerely, PEYTON Forp, Deputy Attorney General, The VICE PRESIDENT. The ques. tion is on agreeing to the amendment of the Senator from New Jersey. The amendment was agreed to. JULY 26 The amendments were ordered to be ¢narossed and the bill to be read a third e, The bill was read the third time and passed. The title was amended so as to read: “An act authorizing the Department of Justice of the United States to recognize and to award to outstanding courageous young Americans a medal for heroism known as the Young American Medal for Bravery, and for other purposes.” BILL PASSED OVER The bill (H, R. 3419) to amend the Merchant Ship Sales Act of 1946 was an- nounced as next in order. Mr. DOUGLAS. I object. The VICE PRESIDENT, The bill will go over. SPICER ‘CE & COAL CO. The bill (S. 619) for the relief of the Spicer Ice & Coal Co was considered, ordered to be engrossed for a third read. ing, read the third time, and passed, as follows: Mr. HENDRICKSON subsequently said: Mr. President, what was the action on calendar No. 1920, Senate bill 619? The PRESIDING OFFICER (Mr. Stennis in the chair). The bill was passed, Mr. HENDRICKSON. I did not hear it called. I should like to ask unanimous consent that the vote by which the bill was passed be reconsidered. The PRESIDING OFFICER. The Senator from New Jersey csks unant- mous consent that the Senate recon- sider the vote whereby Senate bill 619 was passed, Is there objection? Mr. McCARRAN. Mr. President, I shall certainly nof make any objection to the reconsideration of the vote, but shortly after the bill was reached I catled the attention of the Chair to the bill and asked what had become of it. I was advised that it had passed while I was in conversation with someone. May we take it up now? The PRESIDING OFFICER Is there objection to the reconsideration of the vote whereby the bill was passed? The Chair hears none, and the vote is recon- sidered. Is there objection to returning to that number on the calendar? The Chair hears none, and the clerk will state the bill by title. The Leaistattve Crerx, A bill (S. 319) for the relief of the Spicer Ice & Coal Co Mr. HENDRICKSON. Mr. President, may we have a thorough explanation of the bili? The PRESIDING OFFICER. The Senator from New Jersey asks for an explanation. Mr, McCARRAN. Mr. President, this is the case of a coal company in Connect- icut which had a contract to supply coal to the United States Coast Guard Academy. The contract provided for a stipulated price, which was to be ad- justed up or down on each unit if the OPA maximum price ceiling was changed. The contract also provided for adjustment up or down if freight costs increased or decreased, While it was obviously the intention of the contract’ to save this company
1950 from any loss on the coal it supplied to the Coast Guard Academy, in the event freight costs went up, and the contract took care of the contingency of any change in OPA price ceilings, the contract was silent on what would happen in the event the OPA Act expired. The OPA Act did expire, and freight rates were increased, causing a loss to this company. The Justice Department and the Treasury Department have reported ad- versely on this bill, which was thereupon postponed indefinitely by the Judiciary Committee Subsequently, at the re- quest of interested Senators, the bill was ordered reconsidered and was assigned to a subcommittee. In passing, let me say the request for reconsideration did not come from the sponsor of the bill, since the bill was sponsored by former Senator Baldwin, of Connecticut, but the committee is informed that former Senator Baldwin is still interested in the proposed legislation and would like to see the bill passed. The bill was considered by a subcom- mittee composed of the Senator from Kentucky (Mr. Wrrners], the Senator from Maryland [Mr. O’Conor], and the Senator from Missouri [Mr. DonNELL], This subcommittee reports the bill fa- vorably to the full committee, and the full committee accepted the subcommit- tee’s report Mr. HENDRICKSON Mr President, will the distinguished Senator from Ne- vada tell us how the committee arrived at the amount of damages in this case? Mr McCARRAN It was the amount of the loss actually sustained. Mr. HENDRICKSON. I thank the Senator. The PRESIDING OFFICER. The question is on the engrossment and third reading of the bill. The bill was ordered 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 the Spicer Ice & Coal Co., Groton, Conn., the sum of $3,354.56, in full satisfaction of the claim of such com- pany against the United States for an amount of additional compensation under contracts numbered T44 cg-10 and T44 cg-11 equal to the difference between the contract prices at which coal was delivered by such company under such contracts to the Coast Guard Academy, New London, Conn, and the prices which such firm would have bid on such contracts if it had anticipated the termination of legislation under which it received from the Office of Price Administra- tion, during a portion of the time in which deliveries were made under such contracts, a compensatory adjustment to assist such company in defraying the payment of freight charges upon coal so delivered: Provided, That no part of the amount appropriated in this act in excess of 10 percent thereof shall be paid or delivered to or received 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. CONGRESSIONAL RECORD—SENATE BILL PASSED OVER The bill (H. R 8782) to continue a system of nurseries and nursery schools for the day care of school-age and under school-age children in the District of Columbia through June 30, 1951, was announced as next in order. The VICE PRESIDENT. A similar Senate bill has been enacted into law. House bill 8782 will be postponed in- definitely, PAYMENT AND COLLECTION OF WAGES IN THE DISTRICT QF COLUMBIA The Senate proceeded to consider the bill (S. 3308) to provide for the payment and collection of wages in the District of Columbia, which had been reported from the Committee on the District of Columbia with an amendment, to strike out all after the enacting clause and insert: DEFINITIONS Secrion 1. Whenever used in this act, (a) “employer” includes every individual, part- nership, firm, association, corporation, the legal representative of a deceased individual, or the receiver, trustee, or successor of an individual, firm, partnership, association, or corporation, employing any person in the District of Columbia: Provided, That the word “employer” shall not include the Gov- ernment of the United States, the govern- ment of the District of Columbia, or any agency of either of said governments, or any employer subject to the Railway Labor Act. (b) “Employee” shall include any person suffered or permitted to work by an employer, other than corporate officers or executives (c) “Wages” means monetary compensa- tion after lawful deductions, owned by an employer for labor or services rendered, whether the amount fs determined on a time, task, piece, commission, or other basis of calculation (d) “Board” means the Minimum Wage and Industrial Safety Board of the District of Columbia (e) “Working day” means any day exclu- sive of Saturdays, Sundays, or legal holidays. BEMIMONTHLY PAYDAY Src 2 Every employer shall pay all wages earned to his employees at least twice during each calendar month, on regular paydays des- ignated in advance by the employer Pro- vided, however, That an interval of not more than five working days may elapse between the end of the pay period covered and the regular payday designated by the employer, except where a different period is specified in a collective agreement between an em- ployer and a bona fide labor organization. Wages shall be paid on designated paydays in lawful money of the United States, or checks on banks payable upon demand by the bank upon which drawn, POSTING AND NOTIFICATION Sec, 38, (a) Every employer employing more than eight employees shall notify each of his employees in writing at the time of hiring of the rate of pay, of the day, hour, and place of payment, and of any changes in arrangements prior to the time of such change; or such notice may be given by post- ing a notice on his premises in a place ac- cessible to his employees. EMPLOYEES WHO ARE SEPARATED FROM THE PAY= ROLL BEFORE A REGULAR PAYDAY Sxc. 4 Unless otherwise specified in a col- lective agreement between an employer and a bona fide union representing his em- Ployees— (a) Whenever an employer discharges an employee, the employer shall pay the em- Ployee’s wages earned not later than the working day following such discharge, 11033 (b) Whenever an employee (not having a written contract of employment for o pe-+ riod in excess of 30 days) quits or resigns, the employer shall pay the employee's wages due within three working days thereafter, unless such employee shall have given pre- vious notice of at least three working days of intention to quit, in which event the em- ployer shall pay such wages earned at the time of quitting. (c) When work of an employee is sua- pended as a result of a labor dispute, the em- ployer shall pay to such employee not later than the next regular payday, designated under section 2 of this act, wages earned at the time of suspension, (ad) If an employer fails to pay an em- ployee wages earned as required under sub- sections (a), (b), and (c) of this section, such employer shall pay, or be additionally lable to, the employee, as liquidated dam- ages, 10 percent of the unpald wages for each working day during which such failure shall continue after the day upon which payment is hereunder required, or an amount equal to the unpaid wages, whichever is smaller’ Provided, however, That for the pur- pose of such liquidated damages such failure shall not be deemed to continue after the date of the filing of a petition in bankruptcy with respect to the employer if he thereafter shall have been adjudicated bankrupt upon such petition. UNCONDITIONAL PAYMENT OF WAGES CONCEDED TO BE DUE Src 5. In case of a bona fide dispute con- cerning the amount of wages due, the em- ployer shall give written notice to the em- ployee of the amount of wages which he con- cedes to be due, and shall pay such amount, without condition, within the time required by sections 2 and 4 of this act. Provided, however, That acceptance by the employee of any payment made hereunder shall not con- stitute a release as to the balance of his claim. Payment in accordance with this section shall constitute payment for the pur- poses of complying with sections 2 and 4 of this act, only if there exists a bona fide dis- pute concerning the amount of wages due. PROVISIONS OF LAW MAY NOT BE WAIVED BY AGREEMENT Sec 6 Except as herein provided, no pro- vision of this act shall in any way be contra- vened or set aside by private agreement. ENFORCEMENT, RECORDS, AND SUBPENAS Szc 7 (a) The Board shall enforce and administer the provisions of this act and the Board or an authorized representative of the Board, acting under its direction, may hold hearings and otherwise investigate any violations of this act and institute actions for penalties provided hereunder. (b) The Board or its authorized repre- sentatives shall have power to administer oaths and examine witnesses under oath, issue subpenas, compel the attendance of witnesses, and the production of papers, books, accounts, records, payrolls, documents, and testimony, and to take depositions and affidavits in any proceedings before it. (c) In case of failure of any person to comply with any subpena lawfully issued, or on the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, it shall be the duty of the municipal court of the District of Columbia, or the judge thereof, on applica- tion by the Board, to compe! obedience by attachment proceedings for contempt, 45 in the case of disobedience of the requirements of a subpena issued from such court or @ refusal to testify therein. PENALTIES Sec. 8, Any employer who, having the abil- ity to pay, willfully violates any provisions of eection 2 or section 4 of this act or who fails to comply with any other provisions
11034 of this act, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1,000, for each separate offense, or by tmprisonment of not less than 3 days, or more than $0 days. EMPLOYEES’ REMEDIES Sec. 9. (a) Action by an employee to re- cover unpaid wages and liquidated damages may be maintained in any court of com- petent jurisdiction by any one or more em- ployees for and in behalf of himself or them~ selves and other employees similarly situ- ated, or such employee or employees may designate an agent or representative to maintain such action for and on behalf of all employees similarly situated. Any em- ployee, or his representative, shall have the power to settle and adjust his claim for un- paid wages. Whencver the Board determines that wages have not been paid, as herein provided and that such unpaid wages con- stitute an enforceable claim, the Board may, upon the request of the employee, take an assignment in trust for the assigning em- ployee of such wages, not to exceed $200 in the case of one employee, and of any ciaim for liquidated damages, without being bound by any of the technical rules respect- ing the validity of any such asstgnments, may bring any appropriate legal action neces- sary to collect such claim and may join in one proceeding or action such claims against the same employer as the Board deems ap- propriate. Upon any such assignment the Board shall have power to zettle and adjust &ny such claim or claims on such terms as it may deem just. (bo) The court in any action brought under this section shall, in addition to any judg- ment awarded to the plaintiff or plaintiffs, allow costs of the action, including costs or fees of any nature, and reasonable attorney's fees, to be paid by the defendant Such attorney's fees in the case of actions brought under this subsection by the Board shall be remitted by the Board to the Collector of Taxes of the District of Columbia. The Board shall not be required to pay the filing fee or other costs or fees of any nature or to Ale bond or other security of any nature in connection with any action or proceeding under this act, SEPARABILITY OF PROVISIONS Bec. 10. If any provisions of this act, or the application thereof to any person or circumstance, is held invalid, the remainder of the act, and the application of such pro- vision to other persons or circumstances shall not be affected thereby. The amendment was agreed to. The bill was ordered to be engrossed for a third reading, read the third time, and passed. BILL PASSED OVER The bill (S, 8257) to amend the District of Columbia Unemployment Compensation Act to provide for unem- ployment compensation in the District of Columbia, and for other purposes, was announced as next in order, Mr. SCHOEPPEL. Over. The VICE PRESIDENT. be passed over. BOARD OF REGISTRATION FOR PRO- FESSIONAL ENGINEERS, DISTRICT OF COLUMBIA The bill (8. 3565) defining and regu- lating the practice of the profession of engineering and creating a Board of Reg- istration for Professional Engineers in the District of Columbia was considered, ordered to be engrossed for a third read- The bill will CONGRESSIONAL RECORD—SENATE ing, read the third time, and passed, as follows: Be it enacted, ete., Becrion 1, Short title: This act shall be known and may be cited as the “Professional Engineers’ Registration Act.” Src. 2. Definitions: As used in this act— (a) The term “practice of engineering” shall mean the performance of any profes- sional service or creative work requiring en-~ gineering education, training and experience, and the application of special knowledge of the mathematical, physical, and engineering sciences to such professional services or cre- ative work as consultation, investigation, evaluation, planning, design, and supervision of construction for the purpose of assuring compliance with specifications and design, in connection with the utilization of the forces, energies, and materials of nature in the de- velopment, production, and functioning of engineering processes, apparatus, machines, equipment, facilities, structures, works, or utilities, or any combinations or aggrega- tions thereof employed in or devoted to pub- lic or private enterprises or uses. The term “practice of engineering” comprehends the practice of those branches of engineering, the pursuit of any of which affects the safety of life, health or property, or the public wel- fare. Said practice includes the doing of such architectural work as is incidental to the practice of engineering. (bd) The term “professional engineer” shall mean a person who, by reason of his special knowledge of the mathematica) and physical sciences and the principles and methods of engineering analysis and design, customarily acquired by a prolonged course of specialized intellectual instruction and study and prac- tical experience, is qualified to engage in the practice of engineering as attested by his certificate of registration as a professional engineer. (c) The term “engineer-in-training” shall mean a candidate for registration as & pro- fessional engineer who has been granted a certificate as an engineer-in-training after successfully passing the first stage of the prescribed examination in fundamental en- gineering subjects, and who, upon comple- tion of the requisite years of training and experience in engineering under the super- vision of a profegsional engineer or similarly qualified engineer and satisfactory to the Board, shall be eligible for the second stage of the prescribed examination for registra- tion as a professional engineer. (ad) The term “responsible charge” shall mean such degree of competence and ac- countability gained by education, training, and experience in engineering of a grade and character sufficient to qualify an individual to engage personally and independently in and be entrusted with the work involved in the practice of engineering. (e) The term “institution” shall mean a school, college, university, department of a university, or other educational institution granting baccalaureate degrees in engineer- ing, reputable, and in good standing in ac- cordance with the rules prescribed by the Board. ({) The term “Board” shall mean the Dis- trict of Columbia Board of Registration for Professional Engineers. (g) The term “Commissioners” shal] mean the Board of Commissioners of the District of Columbia. Sxc. 3. Practice of engineering declared to be subject to regulation: In order to safe- guard life, health, and property and promote the public welfare, the practice of engineer- ing in the District of Columbia ts hereby declared to be subject to regulation in the public interest. It is further declared to be a matter of public interest and concern that the profession of engineering merit and receive the confidence of the public and JULY 26 that only qualified persons be permitted to engage in the practice of engineering. All provisions of this act relating to the prac- tice of engineering shall be construed in ac- cordance with this declaration of policy. Src. 4. Practioe of engineering without reg- istration prohibited: Any person engaged in or offering to engage in the practice of en- gineering in the District of Columbia shall submit evidence that he is qualified to prac- tice and shall be registered as hereinafter provided; and it shall be unlawful for any person to engage or offer to engage in the practice of engineering in the District of Columbia, or by verbal claim, sign, advertise- ment, letterhead, card or in any other way, represent himself to be a professional en- gineer, or througl. the use of the title in- cluding the word “engineer” or words of like import, or any other title, imply that he is a professional engineer, unless such person is registered under the provisions of this act. Sec. 5. Board of Registration; appoint- ment of members; qualifications; terms; re- moval or members: There is hereby created the District of Columbia Board of Registra- tion for Professional Engineers, whose duty it shall be to administer the provisions of this act. The Board shall consist of five members who shall be appointed by the Commissioners. Each appointment to the first Board shall be from a list of three eligi- bles submitted by the representative organi- gations of the engineering profession in the District of Columbia. A person to be eligi- ble for appointment to the Board shall be @ citizen of the United States, ahall have been engaged in the practice of engineering for 12 or more years, of which at least 6 years shall have been in responsible charge of important engineering work, and at the time of appointment shall have been ac- tively engaged in the practice of engineering in the District of Columbia for a period of at least 5 years next preceding this appoint- ment. The Board shall at all times include one representative for each of the chemical, civil, electrical, and mechanical branches of engineering. The members of the first Board shall be appointed within 3 months after the effective date of this act to serve for the following terms: One member for 1 year, one member for 2 years, one member for 3 years, one member for 4 years, and one member for 5 years from the date of their appointment, or until their successors are duly appointed and qualified. Each member of the Board shall recetve 2 certificate of his appointment from the Commissioners, and before beginning his term of office shall file with the Secretary of the Board of Commis- sioners his written oath for the faithful dis- charge of his official duty. Each member of the Board first :ppointed hereunder shall be registered as a professional engineer un- der this act. On the expiration of the term of any member of the Board, the Commis- sioners shall appoint for a term of 5 years ® professional engineer to take the place of the member whose term on said Board is about to expire. Each member shall hold of- fice until the expiration of the term for which such member is appointed or until a successor shall have been duly appointed and shall have qualified. The Commissioners m&y remove any member of the Board for incompetancy, misconduct, neglect of duty, or for any sufficient cause. An appoint- ment to fill an unexpired term on the Board shall be made within 3 months after the vacancy occurs, and shall be for the period of such unexpired term. Sxc. 6. Compensation of members of board: Each member of the Board shall be entitled to receive such reasonable compensation for his services as may be determined by the Commissioners not to exceed $25 per day for each day he may be actually engaged upon business pertaining to his official duties as such Board member.
1950 Src. 7. Board meetings and organizations: The Board shall hold a meeting within 10 Gays after its members are first appointed and thereafter shall hold at least two regular meetings each year. The Board shall elect annually from its members at least the fol- lowing officers: A chairman and a secretary= treasurer, A quorum of the Board shall con- sist of not less than three members, and no action shall be taken without three mem- bers in accord. Szc. 8, General powers of Board: The Board shall have power: (a) Approval of institutions: To investi- gate and to approve those institutions that provide and maintain satisfactory standards for the education of students desiring to en- gage in the practice of engineering. (b) Registration of professional engineers: To register as a professional engineer any person of good character and repute who is a citizen of the United States, at least 25 years of age, and who speaks and writes the English language, if such person— (1) holds a license or certificate of regis- tration to engage in the practice of engineer- ing issued to him by proper authority of a State or Territory of the United States in which the requirements and qualifications Yor obtaining such license or certificate of registration are reasonably equivalent in the opinion of the Board to the standards set forth in this act. A person may be registered under this subdivision without examination; or (2) holds a certificate of qualification issued by the National Bureau of Engineer- ing Registration of the National Council of State Boards of Engineering Examiners: Provided, however, That the requirements and qualifications of said body for obtaining such certificate are reasonably equivalent, in the opinion of the Board, to the standards set forth in this act. A person may be regis- tered under the provisions of this subdivi- sion without examination; or (3) has had 4 or more years’ experience in engineering work of a grade or character satisfactory to the Board, and indicating that he is qualified to assume responsible charge of the work involved in the practice of engineering and either holds a certificate as an engineer-in-training issued to him by the Board or by proper authority of a State or Territory in which the requirements and qualifications of said bodies for obtaining such certificate are reasonably equivalent, in the opinion of the Board, to the standards set forth in this act, or is a graduate in engineering from an institution having a course in engineering of 4 or more years, and who, in either event, successfully passes @ written, or written and oral, examination prescribed by the Board of engineering sub- jects. In the case of the examination of an engineering-in-training, his examination shall be directed and limited to those matters which will test the applicant's ability to apply the principles of engineering to the actual practice of engineering. In the case of an applicant who is not an engineer-in- training, the examination shall be for the purpose of testing the applicant’s knowledge of fundamental engineering subjects, includ- ing mathematics and the physical sciences, and those matters which will test the ap- plicant’s ability to apply the principles of engineering to the actual practice of en- gineering; or (4) has completed an approved secondary- school course of study or equivalent and has had 12 or more years of combined education and experience in engineering of a grade and character satisfactory to the Board and in- dicating that he is qualified to assume re- sponsible charge of the work involved in the practice of engineering, and who suc- cessfully passes a written, or written and oral, examination prescribed by the Board for the purpose of testing the applicant's knowledge of fundamental engineering sub- CONGRESSIONAL RECORD—SENATE jects, including mathematics and the physi- cal sciences, and those matters which will test the applicant’s ability to apply the principles of engineering to the actual prac- tice of engineering; or (5) submits evidence that he is an en- gineer of established and recognized stand- ing in the engineering profession and that he has been lawfully engaged in the practice of engineering for 12 or more years, of which at least 5 years shall have been in responsible charge of important engineering work of a grade and character satisfactory to the Board. A person may be registered under this subdivision without examination; or (6) submits evidence that he was a resi- dent of the District of Columbia, or that he was engaged in the practice of engineering in the District of Columbia, prior to the date this act was approved and for 1 year im- mediately preceding the date of his applica- tion, and submits evidence of experience in engineering, of a grade and character satis- factory to the Board, indicating that he is qualified to assume responsible charge of the work involved in the practice of engineering. Registration shall not be granted under the provisions of this subdivision unless the ap- plication therefor is filed with the Board within 1 year after the date of enactment of this act. A person may be registered under this subdivision without examination. The requirement of this subsection of residence or practice of engineering in the District of Columbia for 1 year immediately preceding the date of application shall not be applied to applicants who were on active duty in the armed forces of the United States during such year, and who entered on such duty after October 16, 1940, but any such applicant for Mcense under this subsection must have been a resident or engaged in the practice of engineering in the District of Columbia for at least 1 year prior to the effective date of this act. (c) Certification of engineers-in-training: To provide for and to regulate the certifica- tion and to certify as an engineer-in-training any person of good character and repute who is a citizen of the United States, at least 21 years of age or has graduated from an insitution, and who speaks and writes the English language, if such person— (1) is a graduate in engineering from an institution having a course in engineering of 4 or more years and who successfully passes a@ written, or written and oral, examination prescribed by the Board for the purpose of testing the applicant's knowledge of funda- mental engineering subjects, including mathematics and the physical sciences. A person may be certified as an engineer-in- training under this subdivision without a written, or written and oral, examination: Provided, however, That the application therefor is filed with the Board within 1 year after enactment of this act; or (2) has completed an approved secondary- school course of study or equivalent, and has had eight or more years of combined education, training, and experience in engi- neering, of a grade and character satisfactory to the Board, and who successfully passes a written, or written and oral, examination prescribed by the Board for the purpose of testing the applicant's knowledge of funda- mental engineering subjects, including mathematics and the physical sciences. (Q) Registration of noncitizen profes- sional engineers: To register as a profes- sional engineer any person who is not a citi- zen of the United States, who is of good character and repute, at least 25 years of age, and speaks and writes the English lan- guage, if such person submits evidence, of @ grade and character satisfactory to the Board, that he is an engineer of established and recognized standing in the profession of engineering in his own country, and who submits certification as to character and qualifications from at least two professional 11035 engineers of the District of Columbia, Such registration shall entitle the holder to en- gage in the practice of engineering only for the duration of and in connection with a specific project for which it was granted, and shall be subject to annual renewal and to suspension or revocation as registration granted as otherwise provided in this act. Engineers to whom such temporary registra~- tion has been granted shall be separately listed in the roster. (e) Application form: To require all can- didates for registration as professional engi- neers to file with the secretary-treasurer of the Board a written application on a pre- scribed form and accompanied by the re- quired fee. Such application shall contain statements made under oath, showing the applicant’s education, detailed summary of his experience in engineering work, and the general field or fields of engineering in which he has his principal activity, and shall con- tain not less than five references, of whom three or more shall be engineers having per- sonal knowledge of his engineering training and experience. (f) Investigation of applications; deter- mination of qualification and competency of applicants: To investigate the allegations contained in any application for registration as a professional engineer in order to deter- mine the truth of such allegations, and to determine the competency of any person ap- plying for a registration to assume responsi- ble charge of the work involved in the prac- tice of englueering, such competency to be determined by the grade and charucter of the engineering work actually performed. Any person having the necessary qualifica- tions prescribed in this act to entitle him to registration or certification shall be ell- gible therefor, although he may not be prac- ticing his profession at the time of making his application, Evaluation of experience in engineering shall be based upon the appli- cant’s knowledge of the fundamental engi- neering subjects, which shall be broad in scope and of a nature to develop and mature the applicant's engineering knowledge and judgment. In considering the qualifications of an applicant who has graduated in engi- neering from an approved institution: each year, but not, exceeding 2 yenrs, of successful postgraduate study in engineering, and each scholastic year, in excess of 4, of an approved 5- or 6-year engineering curriculum, and each year of teaching engineering subjects, in an approved institution may be considered as equivalent to 1 year of experience in engi- neering. In considering the qualifications of an applicant who is an undergraduate in engineering, or who has graduated in a cur- riculum other than engineering, from an ap- proved institutiun; each equivalent year of approved engineering education, as deter- mined by evaluation by the Board of the ecu- cational records submitted, may be considered as equivalent to 2 years of combined edu- cation and experience in engineering. Ex- perience in engineering gained under the supervision of a professional engineer or similarly qualified engineer, and experience in engineering gained subsequent to the at- taining of an equivalent of the minimum requirements for certification as an engineer- in-training, of a grade and character satis- factory to the Board, shall be given full credit. In any case when the evidence pre- sented in the application does not appenr to the Board conclusive nor warranting the is- suance of a certificate of registration or a certificate as engineer-in-training without examination, the applicant may be required to present further evidence for the consid- eration of the Board, and may also be re- quired to pass an oral or written examina- tion, or both, as the Board may determine. Whenever the Board determines otherwise than by examination that an applicant has not produced sufficient evidence to show that
11036 he ts competent to assume responsible charge of the work involved in the practice of engi- neering, and shall refuse to examine or to register such applicant, it shall set forth in writing its findings and the reasons for its conclusions and furnish a copy thereof to the applicant. (g) Examinations: To prescribe the scope, manner, time, and place for the examination of applicants for registration as professional engtneers, to provide for the conduct of and te conduct such examinations, and to make written reports of such examinations. The prescribed examinations shall be written, or written and oral, and designed to permit an applicant for registration as a professional engineer to take the examination in two stages. The first stage of the examination ehall be designed to test the applicant’s knowledge of fundamental engineering sub- jects, including mathematics, physical and applied sciences, properties of materials, and the principles of engineering design. Satis- factory passing of this portion of the exam- ination shall constitute a credit for the life of the applicant or until he is registered og a professional engineer. The second stage of the examination shall be designed to test the applicant's ability to apply the principles of engineering to the actual practice of en- gineering in the field of engineering in which he has indicated his principal activity. An applicant failing to pass an examination may apply for reexamination at the expiration of 6 months and will be reexamined upon pay- ment of the prescribed fee. (h) Certificate of registration; form and execution; expiration; duplicate certificate: biennial renewal of registration; renewal fee; penalty for delayed renewal: To issue a certificate of registration and a pocket reg- istration card to each professional engineer granted registration under the provisions of this act. The certificate of registration shall authorize the registrant to practice as 4 professional engineer, show the full name of the registrant, have a serial number, and be signed by the members of the Board under the seal of the Board. The pocket registra- tion card itesued with the certificate shall show the full name and registration number of the registrant, state that the person named therein bas been granted registration to practice as a professional engineer for the period ending on the 31st day of October in the second year of the then current biennial registration renewal period, and be signed by the Chairman and secretary-treasurer of the Board; to provide for and regulate the renewal of registration of professional engi- neers registered under this act. On or be- fore the lst day of August 1952, and bien- nially thereafter, the secretary-treasurer of the Board shall mail to every professional engineer registered under this act a blank application for biennial renewal of registra- tion, addressing such application to the last known post-office address. Upon receipt of such application blank, a registrant shall execute and return the application for his biennial registration renewal card to the Board together with the biennial registration renewal fee of 62. Upon receipt of such ap- plication and renewal fee the Board shall issue a pocket registration renewal card which shall show the full name and registra- tion number of the registrant, be signed by the chairman and secretary-treasurer of the Board, and state that the person named therein has been granted registration to practice as a professional engineer for the period beginning November 1 in the year of issue and expiring on the 31st day of October in the second year following. Application ahall be made biennially on or before the 1st day of November and if not so made an addl- tional fee of @1 for each 80 days delay beyond the Ist day of November, and up to the lst day of March following shall be added to the current biennial registration renewal fee to be paid upon renewal; to issue a dupli- cate certificate of registration to replace a CONGRESSIONAL RECORD—SENATE certificate loat, destroyed, or mutilated, sub- fect to the rules of the Board, and upon payment of the preacribed fee. The issuance of « certificate of registration by the Board shall be presumptive evidence in all courts and places that the person named therein is entitled to all the rights and privileges of a registered professional engineer while said certificate remains unsuspended, unre- voked, or unexpired. (1) Certificate of registration to a non- citizen; form and execution; expiration; re- newal of registration; renewal fee: To issue @ spectal certificate of registration and pocket registration card to every noncitizen profes- sional engineer granted registration under the provisions of this act. The special cer- tificate of registration shall authorize the registrant to practice as a professional engi- neer in connection with a specific project, show the full name of the registrant, have a registration number, and be signed by the members of the Board under the seal of the Board. The special pocket registration card issued with such certificate shall show the full name and registration number of the registrant, state that the person named therein has been granted temporary registra- tion to practice as a professional engineer, state the specific project in connection with which the special registration is granted, the period for which it is granted, not to exceed 1 year from the date of issue, and be signed by the Chairman and secretary-treasurer of the Board. Temporary registration may be renewed at the discretion of the Board for periods not in excess of 1 year upon appli- cation therefor and payment of the annual renewal fee. (j) Certificate as engineer-in-training: To prescribe and to issue a certificate, attested by its seal and signed by the members of the Board, to any applicant who in the opinion of the Board has satisfactorily met all the requirements of this act for certification as an engineer-in-training. (k) Roster of registrants: To keep a roster of all professional engineers registered under this act, showing the registrant’s name, place of business or employment, registration num- ber, and the general field or fields of engi- neering in which registrant qualified to prac- tice, and a roster of engineers-in-training certified under this act. These rosters, 10- gether with other information deemed to be of interest to the engineering profession, shall be published in booklet form by the Board on the lst day of March of each even year, be- ginning with 1952, or as soon thereafter as practicable. The Board shall also, upon the ist day of March of each odd year, beginning with 1953, or as soon thereafter as practica- ble, publish a supplemental ruster of all reg- istered professional engineers and certified engineers-in-training. Such published ros- ters shall contain at the beginning thereof the words: “Each professional engineer re- ceiving this roster is requested to report to the Board the names and addresses of any persons known to be engaged in the practice of engineering in the District of Columbia whose numes do not appear in this roster. The names of persons giving such informa- tion shall not be divulged.” Copies of these rosters shall be mailed or otherwise sent to each registered professional engineer and engineer-in-training and be furnished to other persons upon request. (1) Official seal; minutes and records: To adopt and have an official seal, and to keep minutes and records of all its transactions and proceedings, and a complete record of the credentials of each applicant and registrant. A transcript of an entry in such minutes and records, certified by the secretary-treasurer under the seal of the Board, shall be prima facie evidence of the original entry in such minutes and records. (m) Member of National Council of State Boards of Engineering Examiners; dues: To become a member of the National Council of State Boards of Engineering Examiners JULY 26 and to pay such dues as said council ahall establish, and to send a delegate to the an- nual meeting of said council and to defray his reasonable and necessary expenses. (n) Administrative rules and regulations; employees: To adopt, amend, rescind, pro- mulgate, and enforce such administrative rules and regulations not inconsistent with this act, as are deemed necessary and proper by the Board to carry into effect the powers conferred by this act. To employ such cleri- cal or other assistants as are necessary for the proper performance of its duties. The regular annual employees of the Board shall, for the purpose of laws relating to compen- sation, classification, retirement, and leave, be employees of the District of Columbia. The Board may at its discretion fix and change from time to time, without reference to the Classification Act of 1949, the com- pensation of employees of the Board em- ployed on a temporary or part-time basis. (o) Enforcement of laws; investigations; attendance of witnesses; production of books and papers; subpena procedure; witness fees: To enforce the provisions of this act, to in- vestigate for unauthorized and unlawful practice, to employ such persons as it may deem necessary to assist in the investiga- tions and prosecutions incident to enforce. ment, to require the attendance of witnesses and the production of books and papers, and to require such witnesses to testify as to any and all matters within its jurisdiction. The Chairman and secretary-treasurer of the Board shall have power to issue subpenas, and each shall have authority to administer oaths. Upon the failure of any person to attend as a witness, when duly subpenaed, or to produce documents when duly directed by said Board, the Board shall have power to refer the sald matted to any justice of the United States District Court for the District of Columbia, who may order the attendance of such witness, or the production of such documents, or require the said witness to testify, as the case may be, and upon the failure of the witness to attend, to testify, or to produce such documents, as the case may be, such witness may be punished for contempt of court as for failure to obey a subpena issued or to testify in a case pend- ing before said court. Witnesses who have been subpenaed by the Board, and who tes- tify {f called upon, shall be paid the same fees that are paid witnesses in the United States District Court for the District of Columbia. (p) Refusal, suspension, and revocation of certificates: To refuse to issue a certificate to any person, or to suspend or revoke the certificate of registration of any professional engineer or the certification of any engineer- in-training issued hereunder if such person— (1) has been convicted of a felony; (2) has been found guilty of deceit, mis- representation, violation of contract, fraud, or gross incompetency, in his practice; (3) has been found guilty of fraud or de- celt in obtaining his registration or certifica- jon; (4) has atded or abetted any person in the violation of any provision of this act; (5) has violated any provision of this act: (6) has been declared insane by a court of competent jurisdiction and has not there- after been lawfully declared sane. (q) Reissuance of revoked certificates: To reconsider the application of any person whose application has been refused or to re- jasue & certificate of registration to any pro- fessional] engineer or @ certification to any engineer-in-training whose certificate has been revoked for reasons the Board deems sufficient, upon payment of the prescribed fee for such relasuance. Sxc. 9. Complaints; hearings; proceedings: appeals: (a) The Board may upon jts own motion, and shall upon the sworn complaint in writing of any person setting forth charges which would conetitute grounds for refusal, suspension, or revocation of a certificate, as
1950 set forth in section 8 (p) of this act, inves- tigate the acts of any person holding or claiming to hold a certificate. All charges, unieas dismissed by the Board as unfounded or trivial, shall be heard by the Board within 3 months after the date on which they shall have been filed. (b) The Board shall, at least 80 days prior to the date set for the hearing, notify the accused, in writing, of any charges made, and shall afford him an opportunity to be heard in person or by counsel in reference thereto. Such notice may be served by its delivery personally to the accused licensee by the United States marshal in the manner pre- scribed for service of original process in the United States District Court for the District of Columbia, or by mailing it by registered mail with return receipt demanded, to the place of business last theretofore specified by the accused in his last notification to the Board. At the time and place fixed in the notice, the Board shall proceed to hearing of the charges and both the accused and the complainant shall be accorded ample op- portunity to present in person or by counsel, such testimony, evidence, and argument as may be pertinent to the charges or to any defense thereto. The Board may continue such hearing from time to time and shall give notice in writing to all parties in in- terest of the date and hour to which the hearing has been continued, and the place at which it is to be held. (c) The Board shall preserve a complete record of all proceedings at the hearing of any case wherein a certificate is refused, re- voked, or suspended. The notice of hear- ing, complaint, and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of tes- timony, and the ordere of the Board shall be the record of such proceedings. The Board shall furnish a transcript of such record at cost to any person interested in such hearing, (d) If, after completion of the hearing, the Board shall be of the opinion that the ac~- cused is guilty of the charges, or any of them, the Board shall issue an order refus- ing, suspending, or revoking the certificate. Such order shall be served upon the accused person either personally or by mailing it by registered mail to the address specified by the accused person in his last notification to the Board. (e) Any person aggrieved by the action of the Board in refusing, suspending, or revok- ing a registration or certification or by any other action of the Board, which is alleged to be improper, unreasonable, or unlawful may appeal from such action of the Board to the United States District Court for the District of Columbia, (f) Appeals from suspension or revocation of registration and certification must be taken within 80 days after such refusal, sus- pension, or revocation. In the case of ap- peals from other actions of the Board, the appeal may be taken at any time by the per- eon aggrieved by such action. No such action shall act as supersedeas unless specially al- lowed by the court. (g) Proceedings shall be conducted accord- ing to the Rules of Civil Procedure for the United States District Courts and the appeal shall be heard by the judge or judges of the court without a jury. The court shall affirm the decision of the Board, unless it shall find the same is in violation of the constitutional rights of the appellant, or is not in accord- ance with law, or was made upon unlawful procedure, or that any finding of fact made by the Board and necessary to support its adjudication is not supported by substantial evidence. If the adjudication of the Board is not affirmed the court may set aside or modify it in whole or in part, or may remand the proceeding to the Board for further dis- position in accordance with the order of the court. XCVI-——685 CONGRESSIONAL RECORD—SENATE (h) Either party may appeal from the de- cision of the United States District Court for the District of Columbia to the United States Court of Appeals for the District of Columbia circuit. Any appeal on behalf of the Board may be filed without bond. The decree of the United States Court of Ap- Peals shall be final and conclusive. Sec, 10. Exemptions: Nothing in this act shall be construed to affect or prevent the following: (a) The practice of engineering by any person who, within 1 year after the enact- ment of this act, has filed with the Board @n application for registration under this act. This exemption shall continue only for such time as the Board may require for con- sideration of said application. (b) The practice of engineering for not exceeding 30 days in the aggregate in one calendar year by a nonresident not having @ place of business in the District of Colum- bia, if such person is licensed or registered to engage in the practice of engineering in & State or Territory in which the require- ments and qualifications for obtaining a lH- cense or registration are reasonably equiva- lent to those specified in this act. (c) The practice of engineering for more than 80 days by a nonresident not having a place of business in the District of Columbia, or by @ person who has recently become a resident of or has recently entered the prac- tice of engineering in the District of Colum- bia, and who has filed with the Board an application for registration, if such person 1s registered or licensed to engage in the Practice of engineering in a State or Terri- tory in which the requirements and qualifi- cations for obtaining a Mcenge or registra- tion are reasonably equivalent to those speci- fied in this act. Such practice shall be permitted only for such time as the Board requires for the consideration of the appli- cation, (ad) The performance of engineering work by any person who acts under the supervi- sion of a professional engineer, or by an employee of a person lawfully engaged in the practice of engineering, and who, in either event, does not assume responsible charge of design or supervision. (e) The practice of engineering as a con- sultant, officer, or employee of the Govern- ment of the United States or the govern- ment of the District of Columbia while en- gaged solely in such practice for said Gov- ernments. (f) The practice of any other legally recog- nized profession. (g) The practice of engineering exolu- sively as an officer or employee of a public- utility corporation (act of Mar. 4, 1914, 87 Stat. 974, ch, 150, sec. 8, par. 1) by render- ing to such corporation such service in con- necting with its factlities and property which are subject to supervision with respect to safety and security thereof by the Public Utilities Commission of the District of Co- lumbia and so long as such person js thus actually and exclusively employed and no longer; Provided, however, That each such public-utility corporation shall employ at least one registered professional engineer who shall be in responsible charge of such engineering work. (h) The practice of architecture by a per- son authorized to use the title of architect or registered architect under the provisions of the Architect’s Registration Act, approved December 18, 1924, and as amended, and his doing such engineering work as is incidental to his architectural work. (1) The construction or alteration of a building that does not cover over 1,000 square feet of ground area and does not have a height of over 20 feet to the uppermost celling, or two habitable floors above a base- ment. (Jf) The execution of construction work as & contractor, or the superintendence of such 11037 construction work as a foreman or superin- tendent, or the work performed as a sales- man of engineering equipment or apparatus. («&) The operation or maintenance of boil- ers, machinery, or equipment when the op- eratora are duly NMcensed under the pro- visions of the act of Congress entitled “An act to regulate steam engineers in the Dis- trict of Columbia,” approved February 328, 1887, as amended. (1) The usual supervision of construc- tion or installation of equipment within a plant under his immediate supervision by @ person ordinarily designated as supervise ing engineer or chief engineer of power. Src, 11. Seal of registrants: (a) Fach person registered under this act may obtain ® seal of a design authorized by the Board which shall bear the registrant’s name and registration number, the legend “Registered Professional Engineer,” and such other words or figures as the Board may deem necessary. Such seal, or a facsimile imprint of same, shall be stamped on ail plans, specifications, and reports by the registrant responsible for the accuracy and adequacy of such plans, specifications, and reports, when filed with public authorities. (b) It shall be unlawful for a registered engineer to affix or permit his seal to be affixed to any plans, specifications, or draw- ings for which he does not assume full re- sponsibility for the adequacy and accuracy thereof. (c) It shall be unlawful for any person to ‘use such seal during the period the registra- tion of the holder thereof is expired, sus- pended, or revoked, or to use @ seal of any design not approved by the Board. Src. 12. Display of certificate of registra- tion: Whoever engages in the practice of engineering shall keep displayed in a con- spicuous place in his established place of business the certificate of registration granted him under this act, and evidence of current renewal. Src. 13. Fees; payment of expenses; audit; Each application for registration as a profes- sional engineer shall be accompanied by the appropriate prescribed application fee and the registration fee. A person desiring cer- tification as an engineer-in-training shall pay the prescribed application fee for such certification with his application and shall pay the additional application fee and the registration fee upon filing his application for registration as a professional engineer. Should the Board deny the issuance of a certificate of registration to any applicant, the registration fee deposited with the ap- plication shall be refunded. The amount of the fees prescribed in this act is that fixed by the following schedule: (a) The application fee for professional engineer with firat- and second-stage exam- ination is $20. (b) The application fee for professional engineer without examination is 610. (c) The application fee for engineer-in- training with examination is $7.50. (a4) The application fee for engineer-in- training without examination is $5. (e) The application fee for professional engineer with second-stage examination is $12.50. (2) The fee for reexamination shall be de- termined by the Board not to exceed $10. (g) The registration fee for professional engineer is $5. (h) The biennial registration renewal fee for professional engineer is 62. (1) The fee for reissuance of a revoked certificate of engineer-in-training 1s $7.50. (j) The fee for reissuance of a revoked registration certificate is $20. (k) The fee for issuance of a duplicate certificate of registration 1s 65. (1) The penalty for delinquence is $1 for each month after the date upon which the biennial renewal fee became due: Provided, however, That the total shall not exceed 64.
11038 The secretary-treasurer of the Board shall receive and account for all money derived from the provisions of this act and shall keep such money in a soparate fund to be known as “Professional engineers’ fund,” such fund to be disbursed only by the secretary-trens- urer, upon itemized vouchers approved by the Chairman and attested by the secretary- treasurer of the Board. The secretary-treas- urer shall furnish bond for the faithful dis- charge of his duties, in such form and amount as the Commissioners shall require. The premium on such bond shall be regarded as @ proper and necessary expense of the Boaid, The secretary-treasurer of the Boad shall receive such salary as the Ccminission- ere shall determine, in addition to the com- pensation provided for in section 6. The Board may make expenditures from this fund for any purpose which, in the opin- jon of the Board, is reasonably necessary for the prope: performance of its duties under this act Piovided, however, That such ex- penditures shall in no event exceed the total of reccipts It shall be the duty of the Auditor of the District of Columbia to audit annually the accounts of the Board and miuke e report thereof to the Commissioners. For the purpose of performance of such duty the Auditcr shall have free access to tho bocks of account, records, and papers of the Bourd, Euc 14 Foenalttes* Wioever eholl engege or ofler to engage in the practice of engi- neciing withcut being registered, or cx- empted, as provided in this act, or by verbal claun, sign, lettorhead, caid, or in any other way recresent himself to be a piofessional engincer or through the use of any title in- cludiug the word “engineer” or words of like import, or any other title, imply that he is a professional engineer without being regis- tered as provided in this act, or shall present or aitempt to use as his own the registra- tion c2rtificate cf another, or shall give any false or forged evidence of any kind to the Board, or to any member thereof, in order to cbtain registration as a professional engi- neer, or shall use any suspended or revokcd registration, or shall otherwise violate the laws relating to the practice of engineering shall be guilty of a misdemeanor and shall be punishable by a fine of not more than #500 or imprisonment for not more than 1 year, or koth. Src. 15. Prosecutions’ (no) All violations of laws relating to the practice of engineering in the District of Columbia shall be prose- cuted in the municipal court for the District of Columbia by the corporation counsel. The corporation counsel shall render such other legal services as may from time to time be required by the Board. (bo) The Superintendent of the Metropoli- tan Police Department shall detail such members of his force a3 may be necessary to assist the Board in the investigations and prosecutions incident to the enforcement of this act. (c) The corporation counsel is hereby au- thorized to apply for relief by injunction to restrain a person from the commission of any act which 1s prohibited by this act. In such proceedings it shall not be necessary for the corporation counsel to allege or prove either that an adequate remedy at law does not exist, cr that substantial and trreparable damage would result, from the continued violation thereof. Sec. 16, Annual report: The Board shall submit an annual report to the Commis- sioners on the first Monday in August, con- taining a statement of moneys received and Qisbursed and & summary of its official acts during the next preceding fiscal year, and recommendations for such further legisla- tion relating to the practice of engineering as may be necessary tn the public interest. Sec. 17 Saving clause: If any section or sections, clause or clauses, of this act, or any regulations promulgated thereunder, be de- CONGRESSIONAL RECORD—SENATE clared unconstitutional or invalid, that shall not invalidate any othor sections or clauses of this act, or any other regulations promul- gated thereunder. Sec. 18. Repeal of conflicting legislation: All laws or parts of laws and regulations promuigated thereunder in confilct with the provisions of this act shall be, and the same are hereby, repealed. Sec. 19 This oct shall take effect upon the expization of the ninetieth day after the date of its enactment COMPILING AND PUBLISHING CERTAIN ORGANIZATICNAL ADJUSTMENTS BE- GUN BY REORGANIZATION PLAN NO 20 The bill (S. 3728) to implement Re- organization Plan No 20 of 1950 by amending title 1 of the United States Code, as regards publication of the United States Statutes at Large, to pro- vide for the publication of treaties and other international agreements betwcen the Unitcd States of America and other countries in a separate compilation, to be known as United States Treaties and Other International Agreements, and for other purposes, was considered, ordered to be engrossed for a third read- ing, read the third time, and passed, as follows: Be tt enacted, etc , That section 112 of title 1, United States Code, is hereby amended to 1ead as follows. “STATUTES AT LARGE; CONTENTS; ADMISSIBILITY IN EVIDENCE “$112 The Administrator of General Serv- ices shall cause to he compiled, edited, indexed, and published, the United States Statutes at Large, which shall contain all the laws and concurrent resolutions enacted dur- ing each regular session of Congress, all proclamations by the President in the num- bered series issued since the date of the adjournment of the regular session of Con- gress next preceding; and also any amend- ments to the Constitution of the United States proposed or ratified pursuant to article V thereof since that date, together with the certificate of the Administrator of General Services issued in compliance with the pro- vision contained in section 205 of the Revised Statutes. In the event of en extra sessicn of Congress, the Administrator of Gencral Serviccs shall cause all the laws and con- current resolutions enactcd during said extra session to be consolidated with, and pub- lished as part of, the contents of the volume for the next regular session The United States Statutes at Large shall be legal evi- dence of laws, concurrent resolutions, trealles, international agreements other than treaties, proclamations by the President, and propcesed or ratified amendments to the Con- stitution of the United States therein con- tained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States.” Sec. 2, Title 1, United States Code, is fur- ther amended by adding, immediately follow- ing section 112 of such title, a new section, to be designat2d as seclion 112a, as follows: “UNITED STATES TREATIES AND OTHER INTER- NATIONAL AGREEMENTS; CONTENTS; ADMISSI-~- BILITY IN EVIDENCE “§112a. The Secretary of State shall cause to be compiled, edited, indexed, and pub- lished, beginning as of January 1, 1950, a compilation entitled ‘United States Trentics and Other International Agreements’, which shall contain all treaties to which the United States 1g a party that have been proclaimed during each calendar year, and all intcr- national agreements other than treaties to which the United States is a party that have been signed, proclaimed, or with reference to which any other final formality has becn JULY 26 executed, during each calendar year. The said United States Treaties and Other Inter- national Agreements shall be legal evidence of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and agree- ments, therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States" Sec. 3. The analysis of chapter 2 of title 1, United States Code, is amended by in- serting, immediately aftcr item 112, the following: “s 112a. United States Treaties and Other International Agreements; contents; admisal- bility in evidence.” Sec. 4 Section 73 of the Printing Act of January 12, 1895, as amended, is hereby amended by adding, immediately following that part thereof (44 U.S. C. 19Ga) relating to the printing, binding, and distribution of the Statutes at Large, a new paragraph, as follows: “The Public Printer shall print and, after the end of cach calendar year, bind and deliver to the Superintendent of Documents @ number of ccpies of the United States Treaties and Other International Agreements not exceeding the number of copies of the Statutes at Laigo required for distribution in the manner provided by law” PROTECTION OF FUR SEALS IN PRIBILOF ISLANDS The bill (S 3123) to amend section 5 of the act of February 26, 1944, entitled “An act to give effect to the Provisional Fur Seal Agreement of 1942 between the United States of America and Canada; to protect the fur seals of the Pribilof Islands; and for other purposes”, was announced as next 1n order The VICE PRESIDENT. Senators who wish to object to a bill will please rise and address the Chair. Mr. O’MAHONEY. Mr. President, I should like to have an explanation of this bill. Mr. JOHNSON of Colorado. Mr. Pres- ident, the purpose cf the bill is to work out a better system of accounting with respect to the seals on the Pribilof Islands The Treasury Department, the State Department, and the General Accounting Office have no objection to the proposed legislation, and it does have the approval of the Bureau of the Budget. At the present time the accounting is made under two distinct and separate systems. This bill is to bring the ac- counting into one system. Mr. O'MAHONEY. Mr. President, does this affect the administration of the Department of the Interior? Mr, JOHNEON of Colorado. It affects a branch of the Dopartment of the Inte- rior, the Fish and Wildlife Service, which is sponsoring the bill. Mr, O’MAHONEY. I noted that the Senator mentioned other Departments, but not the Interior Department. I was going to ask what the position of the Interior Department was with respect to the bill. Mr. JOHNSON of Colorado. The In- terior Department is very much in favor of it. The bill is sponsored by the offi- cials of the Fish and Wildlife Service. Mr. O’MAHONEY, I thank the Sen- ator. Mr. DONNELL. Mr. Fresident, I should like to ask the Senator from
1950 Colorado whether or not he deems it of importance to place in the Recor at this point a statement by Donald J. Chaney, chief counsel of the Fish and Wildlife Service, which was made, I un- derstand, before the Committee on Inter- state and Foreign Commerce along about June 26. Mr. JOHNSON of Colorado. I should be very glad to have that in the Recorp at this point. The VICE PRESIDENT, Is there ob- jection? There being no objection, the state- ment was ordered to be printed in the REcorp, as follows: STATEMENT BY Donato J. CHANEY, CHIEF COUNSEL, Firs AND WILDLIFE SERVICE The fur-seal herd at the Pribilof Islands was practically extinct when the United States Government assumed direct control in 1910. It was estimated that only 130,000 fur seals remained, as compared with about 8,000,000 when the Pribilof Islands were ac- quired in the Alaska purchase in 1867. Pelagic sealing, or the killing of seals at sea, without regard to age or sex, was blamed for this tragic decline. Since the vessels of several nations participated in pelagic seal- ing operations beyond the 8-mile limit, the situation could not be corrected except by mutual agreement of the countries con- cerned. Finally, when it was no longer com- mercially profitable to kill seals at sea, & treaty was concluded between the United States, Great Britain, Russia, and Japan which prohibited pelagic sealing. This was in 1911 and the treaty endured until 1941 when it was abrogated by Japan. The fur-seal treaty of 1911, and enabling legislation, provided the means for manage- ment and restoration of the Pribilof herd, By carefully controlling the number, sex, and age of the animals taken for their fur, there has been remarkable progress in restoration which now may be virtually complete. Be- tween 1910 and 1018 very few seals were killed and these primarily for food for the native inhabitants. From 1918 to 1940 the number of surplus animals available for killing increased gradually and since that time has been fairly uniform at between 60,000 and 70,000 each year. Altogether about 1,500,000 seals were killed for their fur during the past 32 years and the United States Government has profited enormously from the sale of their pelts. Following the abrogation by Japan of the fur-seal convention of 1911, a provisional fur-seal agreement was effected by an ex- change of notes between the Governments of the United States and the Dominion of Canada in 1942, By a further exchange of notes in 1947, this provisional fur-seal agree- | ment was continued in effect until a perma- nent convention can be arranged for the protection of the Alaska fur-seal herd. The provisional agreement with Canada was im- plemented by the Fur-Seal Act of February 26, 1944, which continues much the same pattern of protection for fur seals as that accorded by previous legislation. This act also continues in effect the responsibility of the Government for the welfare of the na- tive inhabitants of the Pribilof Islands. Funde for the two principal activities on the Pribilof Islands, 1. ¢., sealing and admin- istration of tho islands, are derived from two sources. Annual congressional appro- priations are provided for the general ad- ministration of the islands and for the maintenance and welfare of the resident natives. The current appropriation for this urpose totals 8481,300, and the pending budget for 1951 is @563,406. Proceeds from the sale of Alaska fur-seal skins provide a second source of funds for Pribilof Islands operations. The use of such funds, however, is limited by law to the payment of expenses CONGRESSIONAL RECORD—SENATE directly attributable to the taking, process- ing, and selling of sealskins. ‘These latter funds now are used in compensating the resident natives for the taking of sealskins and related activities, for equipment, sup- plies, and facilities essential tn curing and handling the aking, and for employment of seasonal nonresident personnel. The at-~ tached tabie shows expenditures of appro- priated funds and expenditures from re- ceipts, as well as net receipts turned in to the Treasury Also shown in this table are the excess of receipts over all expenditures, or, in the case of several lean years during the depression period, the excess of expendi- tures over receipts. In more recent years there has been a large balance after all ex- penditures. The buildings, facilities, and equipment on the Pribilof Islands for the management of the fur-seal herd and the care of the na- tives have an inventory value of about $1,500,000. The replacement value, of course, far exceeds that figure. However, all of the buildings and facilities on the islands are in a rundown condition. Deterioration was especially bad during the 2-year period from 1942 to 1944 when the resident natives and personnel of the Service were evacuated for military reasons. Occupation of the bulld- ings and use of equipment by the military forces also contributed to a large extent to the deterioration of facilities. Since the re- turn of the resident natives and Service per- sonne] to the islands in 1944, little progress has been made in rehabilitating the plant facilities and equipment, and deterioration is being accelerated now by lack of normal maintenance, Many construction and maintenance ma- terials were impossible to buy at any price until very recently. Now that they are avall- able, the rising costs of essential food and clothing for the natives have made tt neces- gary to use funds in the annual appropria- tions in ever greater amounts for these pur- poses instead of for necessary maintenance work. Additional funds were appropriated in fiscal yeara 1946, 1948, and 1950 to meet rising costs but the effectiveness of these increases was minimized by the time lag between submission of budget estimates and appropriation of funds due to the long sus- tained rise in the prices of all supplies and materials. Accentuating the effect of these factors have been the increasing scope of fur-sealing operations and the growth of the resident native population. In the 5- year period ending in 1940, the average an- nual take of sealskin was 6,000, whereas for the 6-year period ending in 1949 the average annual take was 70,000. From 1940 to 1949 the resident native population increased from 458 to 526. Currently, there ts a need for rehabilita- tion and expansion of facilities in nearly every phase of operations on the Pribilof Islands. Living accommodations for both resident natives and Service employees are totally inadequate. A number of the small four-room native dwellings are occupied by as many as 12 natives, with 6 or 6 adults shar- ing one bedroom. The water and sewage disposal systems are no longer adequate for these growing villages. Nearly all of the existing buildings are sorely in need of re- pair and all require paint to protect them and, incidentally, improve their appearance. With funds appropriated for the purpose since 1947, some new buildings and improve- ments have been provided. More are needed, and 6 native homes are provided for in the 1951 appropriation before the Senate Appro- priations Committee now. A long range pro- gram of rehabilitation and expansion at the Pribilofs has been prepared. This contem- plates, in addition to living quarters, con- struction of a hospital, warehouses, cold storage space, dairy barn, greenhouses, laun- ary, carpenter shops, docks, stores, and rec- reational facilities. 11039 The rehabilitation and expansion program can best be executed on a continuing basis because the resident natives are capable of performing the unskilled labor during slack seasons when not engaged on sealing activi- ties, Although some skilled laborers must be provided on the Islands in supervisory positions, the total labor cost of the rehabili- tation and expansion program can be kept to a minimum by carefully scheduling the construction work to be undertaken each year. The total cost of the rehabilitation program is about one million dollars, or less than the net receipts from Pribilof opera- tions for one year, The purpose of S. 3123 is to provide com- prehensive legislative authority for the ap- propriation of funds for the effective ad- ministration of the Pribilof Islands and their resources. The act of February 26, 1044 outlines in some detail functions relat- ing to the provisions of the fur-seal herd, the maintenance and care of the natives, the international obligations of the United Btates in the management of the fur-seal herd, and the utilization and disposition of the skins of fur seals. However, all of these provisions emphasize primarily the utiliza- tion and sale of the skins of fur seals alone and give little, if any, consideration or au- thorization for the development and utlliza- tion of other by-products of the sealing operations or to the development and utili- gation of other fur resources existing on the Islands. The amendment also would authorize the use of the proceeds from the sale of fur-seal skins, and of other products of the wildlife resources of the islands, to finance all of the activities contemplated by the act and thus would permit the resources themselves to pay the costs of their management, as well as those costs involved in the maintenance and care of the native inhabitants of the Pribilof Islands and the carrying out of re- lated functions. Under existing law the pro- ceeds from the sales of fur-seal sking may be utilized for the payment of all expenses incurred in connection with the taking of the sKins and their processing and sale, but not for any other purpose. Likewise the proceeds of sales cannot be used for the de- velopment and utilization of other by- products of sealing operations, such as seal oil and meal, or the development of the po- tentiality valuable blue fox resource. The United States clearly has, and the 1944 act clearly recognizes, an obligation to properly maintain and care for the native inhabitants of the Pribilof Islands, whose ancestors were established on the Islands by the Russian Government primarily to pro- vide the manpower essential to successful sealing operations, Any opportunity for the native inhabitants of this isolated area to become completely self-supporting, of course, is extremely difficult to perfect, and for this reason annual appropriations must provide for sustenance, comfort, education, and med- ical care at least to the extent such neces- sities of life cannot be “earned” in sealing and other limited activities. At the same time it has been demonstrated that the tak- ing, processing, and sale of skins of the fur seals is not the only activity on the islands thet can produce both employment for the natives and increasing returns to the United States. Im recent years the establishment of a byproducts plant for the production of both seal oi] and seal meals, for which there is great demand, has proved to be a highly successful operation. That operation of ne« seasity is governed directly by the annual take of seals for their skins, and in turn adds to the total revenue accruing from the proper menagement and utilization of the fur~seal herd. It seems logical then that such op- eration should be financed adequately and if possiblé enlarged in the same manner as those directly concerned with the taking, processing, and selling of the fur-seal skins,
11040 Although not directly related to fur-seal op- erations, effective development and utiliza- tion of the only other commercially valuable wildlife resource to be found on the islands, the blue fox presents problems of manage- ment comparable to those employed so suc- cessfully with respect to the fur-seal herd. This, coupled with the necessity of provid- ing every possible opportunity for employ- ment, tndicates the desirability of treating this resource In a similar manner. Thus this bill provides an economical and businesslike way of handling all Service ac- tivities relating to the Pribtlof Islands, in- cluding, management of the fur-seal herd, fox herd, operation of the byproducts plant, and care of the natives. In many ways it Is similar to existing legislation which author- izes the use for specific purposes of duck stamp funds and receipts from excise taxes on firearms and ammunition, The activ- ities supported by these funds have benefited CONGRESSIONAL RECORD—SENATE materially from euch authorization and I am confident that cur Pribilof operations would be likewise benefited. Mr. DONNELL. Mr. President, I have in my hand also a table showing ex- penditures and net receipts from the Pribilof Islands fur-seal and fox indus- tries, Fish and Wildlife Service, for the fiscal years 1918 to 1949. Does the Sen- ator think it would be of importance to insert that table? Mr. JOHNSON of Colorado. If the Senator will insert it at this point, I shall be deeply indebted to him. The VICE PRESIDENT. Is there ob- jection? . There being no objection, the table was ordered to be printed in the Recorp, as follows: Expenditures and net receipts, Pribilof Islands fur-seal and fox industries, Fish and Wildlife Service, fiscal years 1918-49 Expend.tures Excess of sete Exeoss of all Net receipts }| receipts over Fiscal year Tota) i axnend). [ekpendtures s From appro | From gross to Treusury | all expendi over receipts priations reccipts TOIR-22. ee ee eee $929,005, 25 | $313, 341,05 | $1, 242, 346 30 | $3,003,300 70 | $2,074, 304 45 1923-27. eee eee ee wee 896, 827 72 326, 266 Wi | 1,223,114 63] 1,320, 288 13 423, 400) 41 en eeeeeeee 1, 223, 348 33 322,054 42 | 1,546,922 7h | 1,162,511 66 | oi eee. 82x, 200 TO | 429,777,068 | 1, 258,076 ¥2 00,081 81 [ll . -- 193, 242 21 67,878 88 261, 121 09 821,375 47 128, 133, 26 |. 100, 144 67 85, 184 16 75, 328 74 195, 222 71 5,078 14 |. 81, 340 31 8h, 524 8O 266, G05 20 168,049 OL | 2. Loe... 182, fil 44 127, 662 72 309, 724-16 210,627 22 34, 505 78 218, 1170 83 114, 618 49 838, 55002 | 1, 186, 807 h0 937, 830 97 [. 260, 907 56 77,351 48 347, 340 04 5A, 740 02 284, 742 46 311, 08% 04 240, 62 22 $51, 718 16 740, 141 73 438, 042 79 |. 252, 877 91 156, 985 8H 409, 863-74 687, 240 08 444, 872 07 |. 354, 485 07 164,062 69 2618, 438 86 | 1, 418,067 35 | 21,063, 581 68 374, 422 20 288, 135 70 2012, 557 W) | 2,568, 00% 43 | 22, 194, 488 23 | 427, 833 91 121,192 91 1052, 026 82 1,477,144 85 [21,019,310 04 [. H29, WA BB 314, 495 63 2843, 778 21 1, 85%, 912 49 | 21, 320, 628 OL Total, ...2..2-2-. 7, 362, 790. 19 | 3, 188, 671. 09 | 10, 651, 461. 28 | 17, 459,628 36 | 310, 498,014 09 301, 205 92 Net ercess af receipts over all expenditures 1918 Lo 194922 Lee wen eee ee nee-| 10,096, 838 17 Grend total ...22.. 10, 308, 044 09 | 10, 398, 044 09 ' Net receipts represent arrounts cay ered into the Treasury of the United States after Fur Seal Treaty payments to other nitions, and after deduction of eapenses Incident to the taking of skins and sale of products. 2 Preliminary The VICE PRESIDENT. Is there ob- jection to the consideration of the bill? There being no objection, the bill was considered, ordered to be engrossed for a third reading, read the third time, and passcd, as follows: Be it enacted, ete, That section 5 of the act of February 26, 1944 (58 Stat. 100), is amended by deleting the last clause reading “and the proceeds of such sale shall bo paid into the Treasury of the United States” and inserting in Heu thereof the following “and the proceeds of such sales and of the sales of other products of the wildlife resources of the Pribilof Islands shall be deposited into the Treasury. There is hereby authorized to be appropriated annually an amount, not exceeding the total proceeds of such sales covered into the Treasury during the pre- ceding fiscal year, for the purposes of this act and for the development of the fur seal and other wildlife resources of the Pribilot elands and the proper utilization of their products ” INCLUSION OF SOUTH PARKERSBURG, W. VA., IN PARKERSBURG FOR CENSUS FURPOSES The joint resolution (H. J. Res. 461) to provide that South Parkersburg, W. Va., shall for the purposes of the seven- teenth decennial census be treated as a part of Parkersburg, W. Va.,.was con- sidc-ed, ordered to a third reading, read the third time, and passed. LAURENCE A, STEINHARDT, LATE AMBAS- S8ADCR TO CANADA The Senate proceeded to consider the resolution (S. Res. 276) expressing praise of the services of the late Ambassador to Canada, Hon. Laurence A Steinhardt, which was read, as follows: Resolved, That it is the sense of the Senate that the services to his country of the late Ambassador to Canadsa, Hon. Laurence A Steinhardt, were of a high and devoted order and that he died in the line of duty; be it further Resolved, That the Senate hereby expresses its high praise of his sacrifice and recognizes that his skill and courage in the adminis. tration of his difficult responsibilities re- flected great credit to himself and to the United States; and be it further Resolved, That the Secretary of the Senate transmit a copy of these resolutions to the family of the late Ambassador, Mr. LEHMAN. Mr. President, on May 17, I submitted the pending resolution to honor Ambassador Laurence A. Stein- hardt, whose tragic death on March 29, 1950, was a source of deep sorrow to his many friends and a great loss to his country. Ambassador Steinhardt, through his many years of experience as represen- tative of the American Government in Sweden, then in Peru, in Moscow, in Tur- JULY 26 key, and finally in Canada, became one of the most widely experienced diplo- mats in our Foreign Service. He was called upon time and time again to handle situations which demanded not only the good judgment and the capacity for hard work which he constantly dis- played, but an ability to maneuver wisely at taut and critical moments. Few men have been called upon so frequently to deal with crises of such major importance to this country. At the time he was our Ambassador in Rus- sia, Molotov and Von Ribbentrop were negotiating secretly to divide the spoils of a European war. While he was repre- senting us in Turkey, pressures were being exericd on that country by both the Allies and the Axis to obtain the alle- giance and support of that country. Am- bassador Steinhardt was still in Turkey when Soviet manuevers in that area led to the enunciation of the Truman doc- trine. He was then appointed our Am- bassador to Czechoslovakia and held that post when the Communists staged, in that former haven of democracy, their infamous coup of 1948. After holding posts under constant pressure and tension for many years, Ambassador Steinhardt was appointed, in August 1848, to represent cur country in Canada. While belping to cement the friendship which has existed for many years between Canada and the United States, he was at last given the opportunity to work in an atmosphere of good will. Unfortunately, however, Ambassador Steinhardt had less than 2 years in which to serve at this pleasant task. The plane which was to carry him back to his post on March 29, carried him instead to his death No military hero to whom honors are awarded for supreme sacrifice in the line of duty could give more than Ambassa-~ dor Steinhardt gave. We can never ade- quately recompense him, but we can for- mally acknowledge our gratitude by passing this resolution in praise of his skill, courage and sacrifice. Mr. KNOWLAND. Mr. President, rel- ative to the resolution which was offered by the Senator from New York |IMr, LeHM4n], I would not want the occasion to pass without rising on this side of the aisle and endorsing the statement which has been made by the Senator from New York. It happened to have been my privilege to be in Czechoslovakia in 1947, and to stay with Ambassador Steinhardt and his family at the American Embassy there. I know that he had a long and distinguished career in the cerv:ce of his country, and his death in an airplane ac- cident while Ambassador to Canada is a loss which this country could little afford to sustain. I join as a Member on this side of the aisle in paying this tribute to the bate United States Ambassador Laurence A. Steinha:dt. Mr. SMITH of New Jersey. Mr. President, I wish to add a word to what has been said by the distinguished Sen- ators from New York and California, be- cause I, too, had the privilege in 1947 of staying with the Ambassador in Czechoslovakia, and of being very famil- jar with the wonderful job he did for his country in the different assignments
1950 he had. I am glad to be identified with this resolution which is so well deserved and so properly proposed to the memory of a man who has done so much for his country. The PRESIDING OFFICER. By ac- clamation the resolution is adopted, BILLS PASSED OVER The bill (H. R, 2887) to amend the Architects’ Registration Act for the Dis- trict of Columbia in order to safeguard life, health, and property, and to pro- mote the public welfare, was announced as next in order, Mr. JOHNSTON of South Carolina I object, and ask that the bill be passed over. The PRESIDING OFFICER. The bill will be passed over, The bill (H. R. 49) to enable the people of Hawaii to form a constitution and State government and to be admitted into the Union on an equal footing with the original States was announced as next in order. Mr. ELLENDER. Over, The PRESIDING OFFICER, The bill will be passed over. The bill (H. R. 331) to provide for the admission of Alaska into the Union was announced as next in order. Mr. ELLENDER. Over. The PRESIDING OFFICER. The bill will be passed over. INCREASE OF UNITED STATES SHARE OF COST OF LAND ACQUISITION FOR AIR- PORTS The Senate proceeded to consider the bill (S. 1281) to amend the Federal Air- port Act so as to make the United States share of costs for land acquisition the same as for other project costs, The bill is as follows: Be it enacted, etc, That section 10 of the Federal Airport Act ts amended by striking out all of subsection (d) thereof. Mr. TAFT. May we have an explana- tion of the bill? Mr. JOHNSON of Colorado. Mr. Pres- ident, the present ratio between the Fed- eral Government and local governments in the purchase of airports is now as follows: The Federal Government 1s ex- pected not to contribute more than 25 percent of the cost of the land. It does participate to a greater extent in the cost of improvements on the land. The bill would permit the Federal Government to participate to the extent of 50 percent, ordinarily, and in public land States slightly more, and in Alaska and the Virgin Island the Government could con- tribute 75 percent. In the airport program the site is ex- tremely important. It is thought that if the CAA is given an opportunity to contribute more money to the purchase of the site they can save money on the improvement of the site. The CA is very anxious that the bill be passed, as are the local agencies and local govern- ments. It does not provide for more money. All the money that is to be spent under the bill is already authorized and will be appropriated from time to time on recommendation of the Appropria- tions Committees. It does not increase CONGRESSIONAL RECORD—SENATE the appropriations. It merely permits & greater percentage of Federal money in the purchase of lands to be used for airports. Mr. McCARRAN. Mr. President, I ask unanimous consent to have printed in the Record a statement concerning the bill. There being no objection, Mr. Mc- Carran’s statement was ordered to be Printed in the Recorp, as follows: STATEMENT By SENATOR McCarran At the present time under the Federal Airport Act the United States pays 60 percent of the costs of an airport project except the Costs of land acquisition, and with respect to the costs of land acquisition the Federal Bhare is 25 percent. This bill would treat the costs of necessary land acquisition the same as other costs, in computing the Federal share, The bill has been recommended by the American Municipal Association and the Na- tional Association of State Aviation Officials, and has been approved by the Department of Commerce, by letter under date of June 9, 1949. Enactment of this legislation would elim- inate three difficulties which the CAA has experienced in administering the Federal air- port program, and which ore attributable to the present limitation on the Federal share of lund costs These are, as the report of the Interstate and Foreign Commerce Com- mittee points out: First, the difficulty of ob- taining satisfactory sponsorship of all neces Bary projects, because some sponsors are un- able to pay three-fourths of the cost of ac- quiring land; second, the fact that sponsors will often pick a second best or third best site, because it is cheaper, in preference to a site which might be more sulted aeronauti- cally for the development of the airport, and might actually be much less expensive to develop; and, thirdly, the apparent fact that the existing limitation discourages the acqul- sition by project sponsors of enough land. There ts still another factor, which has not been mentioned in the committee report. This is the desire of the Civil Aeronnutics Administration to provide greater safety by making certain that no tall structures will be erected in the near vicinity of airports. The means for doing this exists by the pro- vision of the law which permits the acquisi- tion of easements in air space, where needed for air safety; but the acquisition of such easements is technically a land cost, and air- port sponsors are naturally reluctant to assent to the acquisition of any such ease- ments when they, the sponsors, will have to pay 75 percent of the cost. At the present time, in the case of publtc- lands States, the maximum Federal share of an airport development is fixed by appli- cation of a formula, depending upon the per- centage of publicly owned land in the State. The percentage thus arrived at fluctuates from 61.39 percent to 62.5 percent. If the bill S. 1281 should pass in its present form, the Federal share of land costs could also be increased in accordance with this for- mula, An amendment has been prepared which would have the effect of eliminating the application of this formula to land costs, If this amendment should be adopted, the Federal share with regard to costs of land acquisition would be 80 percent in all States, regardiess of whether or not the State in question is a public-land State. The, PRESIDING OFFICER. ‘The question is on the engrossment and third reading of the bill. The bill (S, 1281) was ordered to be engrossed for a third reading, read the third time, and passed. 11041 ACQUISITION OF LAND ADJACENT TO BLAIR HOUSE IN DISTRICT OF COLUMBIA The Senate proceeded to consider the bill CH. R. 7219) to authorize acquisi- tion by the Administrator of General Services of certain land and the im- provements thereon in the District of Columbia, Mr.SCHOEPPEL. Mr. President, may we have an explanation of the bill? Mr. HOLLAND. Mr. President, the bill was unanimously reported from the Committee on Public Works. The bill was introduced originally in both Houses at the request of the President and the General Services Administrator. At present the United States owns, roughly, the western half of the block which lies diagonally across from the White House and is bounded by Penn- sylvania Avenue and Lafayette Park. I do not recall the two streets on the other sides. Both committees—the committee in the House and the committee in the Senate—after rather extensive hearings, came to the identical conclusion. The bill, as the Senate will note, has already heen passed by the House with amend- ments which are identical to the amend- ments which were agreed upon unani- mously by the Senate committee. Under those amendments, instead of giving per- mission for acquisition and, if necessary, condemnation of all the remaining por- tions of the block, being, roughly, the east half of the block, which is now in private ownership, the bill as now pre- sented, and as already passed by the House, provides that only the five lots which lie across diagonally from the White House and constitute the south- east corner of the block may now be acquired, if necessary, by condemnation. I will say to the Senate that the three lots on the corner, which belong to the Carnegie Endowment for Peace, are now for sale, and the fact that has occasioned this activity at this time is that it was feared that they would be sold for private or commercial developments, which would not be consonant with their close- ness to the White House and to the his- toric buildings already owned by the Fed- eral Government, as the property in- volved adjoins the Blair House and the Blair-Lee House, The Senate will re- member that the Court of Claims occu- pies the other corner of the block. As reported, the bill would permit only the acquisition of the five lots which to- gether comprise the southeastern corner of the block diagonally across from the White House and fronting on Pennsyl- vania Avenue and on Jackson Place. I will say again that the bill was unani- mously reported by the committee, and was so reported in the House, and has already been passed by the House. The PRESIDING OFFICER. The question is on the third reading and pas- sage of the bill. The bill (H. R. 7219) was ordered to a third reading, read the third time, and passed, FINANCING OF OPERATIONS OF BUREAU OF ENGRAVING AND PRINTING The bill (S. 3653) to provide for financing the operations of the Bureau
11042 of Engraving and Printing, Treasury De- partment, and for other purposes, was considered, ordered to be engrossed for a third reading, read the third time, and passed, as follows: Be it enacted, ete., That whenever any work or services are requisitioned from the Bureau of Engraving and Printing, Treasury Department (hereinafter referred to as the “Bureau”), the requisitioning agéncy shall make payment therefor from funds avail- able to it for such purposes at prices deemed by the Secretary of the Treasury (herein- after referred to as the “Secretary’’) to be adequate to recover the amount of direct @nd indirect costs of the Bureau, including its administrative expenses, incidental to performing the work or services requisi- tioned. Requisitioning agencies shall make payment to the Bureau promptly on the basis of bills rendered by the Bureau, Sec. 2. (a) There ts hereby established, as of July 1, 1951, a Bureau of Engraving and Printing Fund (hereinafter referred to as the “fund”). The fund shall be capitalized on the basis of— (1) an initial appropriation by the Con- gress to the fund of not to exceed $5,000,000 and such additional amounts as from time to time may be appropriated for the pur- poses of the fund, which sums are hereby authorized to be appropriated out of any money in the Treasury not otherwise appro- priated, (2) all of the receivables and the inven- tories and other physical assets of the Bu- reau as of the close of business June 30, 1951, exclusive of buildings occupied, land, and the unexpended balances of appropriations made to the Bureau, such inventories and other physical assets to be capitalized at fair and reasonable values to be determined by the Secretary; and (3) assumption by the fund of all of the abilities of the Bureau as of the close of business on June 30, 1951. (b) The fund shall assume all of the obli- gations and other commitments of the Bu- reau outstanding as of the close of business on June 80, 1951. {c) The fund shall include all property and other physical assets acquired by the Bureau except bulldings and land, all amounts recoverable as provided jin section 1 for the costa of work and services performed by the Bureau, and all other amounts re- ceivable by the Bureau from whatever sources derived, including all proceeds arising from disposition of any property or other assets acquired by the fund. (d) The fund shall be available without fiscal-year limitation for financing all costs and eapenses of operating and maintaining the Bureau subsequent to June 30, 1951. (e) Any surplus accruing to the fund in any fiscal year shall be paid into the general fund of the Treasury as miscellaneous re- ceipts during the ensuing fiscal year: Pro- vided, That any such surplus may be applied first to restore any impairment of the capital of the fund by reason of variations between the prices charged for work or services and the amount determined to be the actual cost of performing such work or services, (f) A special deposit.account for the fund shall be established with the Treasurer of the United States. The special deposit ac- count shall be credited with the sums made available by appropriations authorized in this act and with all receipts of the Bureau with- out the covering of such receipts into the Treasury. The balance in the special deposit account shall be available for making dis- bursements authorized on behalf of the fund in accordance with the act of December 29, 1941 (55 Stat. 875), as amended, through the disbursing facilities of the Treasury Depart- ment. Src, 3. The unexpended balances of all ap- propriations made to the Bureau for the fiscal CONGRESSIONAL RECORD—SENATE years 1950 and 1951 shall lapse on June 30, 1951, and shall be transferred immediately to the surplus fund of the Treasury. Sec. 4. The Secretary shall prepare and submit an annual business-type budget pro- gram for the Bureau. Sec 5. There shall be installed and main- tatned in the Bureau an integrated system of accounting, including proper features of internal control, which will (a) assure ade- quate control over all assets and Habilities of the fund; (b) develop accurate direct and indirect costs of production of the Bureau for making recoveries of such costs on the basis of work requisitioned; (c) make provi- sion for replacement of capitalized equip- ment and other fixed assets through the maintenance of adequate depreciation re- serves based on original cost or on appraised values as authorized in section 2 (a) (2); (a) afford full disclosure with respect to the financial condition and operations of the fund according to the accrual method of ac- counting; and (e) supply on the basis of accounting results the data for the annual budget of the Bureau with respect to the last completed fiscal year. The system of ac- counting shall conform to principles and standaids prescribed by the Comptroller Gen- eral of the United States to accomplish the purposes of this section, and shall be subject to such review by the Comptroller General as may be necessary to assure its conformance with the principles and standards prescribed and its effectiveness in operation, Src. 6. The financial transactions, accounts, and reports of the fund shall be audited on an annual basis by the General Accounting Office and a copy of each report on audit shall be furnished promptly to the President, the Congress, and the Secretary. Sec. 7. Any power or authority conferred upon the Secretary by this act may be dele- gated by him to any officer or employee of the Treasury Department. Src. 8. (a) Section 1 of the act entitled “An act making appropriations for sundry elvil expenses of the Government for the fiscal year ending June 30, 1898, and for other purposes,” approved June 4, 1897, is amended by striking out the first proviso contained in the third paragraph under the caption “En- graving and Printing” (30 Stat. 18, 31 U.S. C. 178). (b) Section 1 of the act entitled “An act making appropriations for sundry civil ex- penses of the Government for the fiscal year ending June 80, 1887, and for other purposes,” approved August 4, 1886, is amended by strik- ing out the proviso contained in the third paragraph under the caption “Engraving and Printing” (24 Stat. 227, 31 U. 8. C. 178). (c) In the case of all other laws or parts of laws inconsistent with the provisions of this act, the provisions of this act shall govern, 1 (d) This act shall take effect on July 1, 951. SETTLEMENT OF ACCOUNTS OF CERTAIN DECEASED CIVILIAN OFFICERS AND EM- PLOYEES OF GOVERNMENT The Senate proceeded to consider the bill (S. 3652) to facilitate the settlement of the accounts of certain deceased ci- vilian officers and employees of the Gov- ernment. The bill is as follows: Be it enacted, etc., That in order to facill- tate the settlement of the accounts of de- ceased civilian officers and employees of the Federal Government and of the government of the District of Columbia (including wholly owned and mixed-ownership Government corporations) all unpaid compensation due such an officer or employee at the time of his death shall be paid to the person or persons surviving at the date of death, in the fol- lowing order of precedence, and such pny- JULY 26 ment shall be a bar to recovery by any other person of amounts so paid. First, to the beneficiary or beneficiaries designated by the officer or employee in writ- ing to receive such compensation filed with the Government agency in which the officer or employee was employed at the time of his death, and received by such agency prior to the officer's or employee’s death; Second, if there be no such beneficiary, to the widow or widower of such officer, or employee; Third, if there be no beneficiary or sur- viving spouse, to the child or children of such officer or employee, and descendants of de- ceased children, by representation, Fourth, if none of the above, to the parents of such officer or employee, or the survivor of them; Fifth, if there be none of the above, to the duly appointed legal representative of the estate of the deceased officer or employee, or if there be none, to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased officer or employee. Src. 2. For the purposes of this act the term “unpaid compensation” means the pay, salary, or allowances, or other compensation due on account of the services of the de- cedent for the Federal Government or the government of the District of Columbia. It shall include, but not be limited to, (1) all per diem in lieu of subsistence, mileage, and amounts due in reimbursement of travel ex- penses, including incidental and miscel- laneous expenses in connection therewith for which reimbursement is due; (2) all allow- ances upon change of official station; (3) all quarters and cost-of-living allowances and overtime or premium pay; (4) amounts due for payment of cash awards for em- ployees’ suggestions; (5) amounts due as re- fund of salary deductions for United States Savings bonds, (6) payment for all accumu. lated and current accrued annual or vaca- tion leave equal to the compensation the de- cedent would have received had he remained in service until the expiration of the period of such annual or vacation leave; (7) the amounts of all checks drawn in payment of such compensation which were not delivered by the Government to the officer or employee during his lifetime or of any unnegotiated checks returned to the Government because of the death of the officer or employee Sxc 3, (a) Subject to such rules and regu- lations as may be prescribed by the Comp- troller General of the United States, the em- ploying agency shall cause the unpaid com- pensation to be paid to the benefictaries, if any, designated by the officer or employee under section 1 of this act, or, if none, to the widow or widower of such officer or em-~ ployee. (b) Accounts not payable under section 3 (a) (with the exception of accounts of em- ployees of the District of Columbia which shall be paid by the District of Columbia, and accounts of employees of wholly owned and mixed-ownership Government corpora- tions which may be pald by such corpora- tions) shall be payable on settlement of the General Accounting Office, except as the Comptroller General may by regulation otherwise authorize or direct. Src. 4, This act shall not apply to any benefits, refunds, or interest payable under the Retirement Act applicable to the de- cedent’s service or to amounts the disposi- tion of which is otherwise expressly pre- scribed by Federal law. Sec. 5. Officers and employees affected shall be notified by the employing agency of the provision of this act relative to the disposi- tion of such compensation in the event no beneficiary is designated by them, and of their right to designate a benefictary or bene- ficiarles in accordance with its terms if they desire a different disposition to be made thereof, Designations so made may be
1950 changed or revoked at any time under such rules and regulations as may be prescribed by the Comptroller General. Sec. 6. This act shall be effective 120 days from the date of its enactment as of which timo section 2 of the act of December 21, 1944 (58 Btat. 645), is repealed. Bec. 7. This act shall not apply to the accounts of officers and employees of the Panama Canal and the Panama Railroad on the Isthmus of Panama. Mr. SCHOEPPEL. Mr. President, I may say that there has been a request for an amendment to be offered to this measure, which amendment I under- stand has already been sent to the desk. I believe 1t was proposed by the Senator from Arkansas [Mr. McCLELLAN]. Mr. McCLELLAN. Mr. President, I offer the amendment, unless the Senator wishes to offer it. Mr. SCHOEPPEL. Very well, I offer the amendment. Mr. McCLELLAN. Mr. President, I wish to make a brief statement. The bill was reported after conference with the Governor of the Farm Credit Admin- istration, in view of certain overlapping functions of employees of that agency and another agency. Therefore it was felt that the amendment was advisable. The PRESIDING OFFICER. The amendment offered by the Senator from Kansas will be stated. The LEGISLATIVE CLERK. On page 4, line 24, it is proposed to strike the period and insert in lieu thereof a comma and the following: “or to the accounts of officers and employees of the Federal land banks, Federal intermediate credit banks, production credit corporations, or the regional banks for cooperatives.” The PRESIDING OFFICER. The question is on agreeing to the amend- ment. The amendment was agreed to. The bill was ordered to be engrossed for a third reading, read the third time, and passed. LAND EXCHANGES BY GRANTEES OF REC- REATIONAL DEMONSTRATION PROJECT LANDS The bill (H. R. 3284) to authorize grantees of recreational demonstration project lands to make land exchanges relating to such properties, and for other purposes, was announced as next in or- der. Mr. HENDRICKSON. Mr. President, reserving the right to object—— Mr. MORSE. Mr. President, may we have an explanation of the bill? Mr. HENDRICKSON. That is what I wanted to ask. Mr, O’MAHONEY. Mr. President, the act of June 6, 1942, provided authority for the granting by the Federal Govern- ment to various States and to other particular areas within recreational demonstration projects which were being abandoned by the Federal Government. However, in some instances the Federal Government at the time of the grant had not acquired privately owned property within the exterior boundaries of the areas granted. This bill merely authorizes the States to which the grants have been made to acquire these lands for the better ad- ministration of the State parks by an ex- change of lands. The bill does not in- CONGRESSIONAL RECORD—SENATE volve any new activity on the part of the Federal Government; it merely facili- tates the action of the States in carrying out their own State systems. We have been advised by the Secretary of the Interior that the States of Mis- souri, Pennsylvania, and Tennessee are particularly anxious to have this au- thority to make exchanges, Mr. MORSE. Mr. President, I ask unanimous consent that the bill be placed at the foot of the calendar. The PRESIDING OFFICER. Without objection the bill will be placed at the foot of the calendar. DE SOTO NATIONAL MEMORIAL The Senate proceeded to consider the bill (H. R. 8230) to amend the act of March 11, 1948 (62 Stat. 78), relating ta the estabhshment of the De Soto Na- tional Memorial, in the State of Florida, which had been reported from the Com- mittee on Interior and Insular Affairs with an amendment on page 1, afte1 line 5, to strike out. Bec. &. ‘I'here ‘s hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this act, And insert: Sec. 3. There is hereby authorized to be appropriated such sums, not to exceed $50,000, as may be necessary to carry out the provisions of this act. The amendment was agreed to. The amendment was ordered to be en- grossed and the bill to be read a third time. The bill was read the third time and passed. CONSTRUCTION AT GRIFFISS AIR FORCE BASE, ROME, N. Y.—BILL PASSED OVER The bill (S. 3727) to authorize certain construction at Griffiss Air Force Base, and for other purposes, was announced as next in order. Mr. HENDRICKSON, Mr. President, on behalf of both the senior Senxtor from New Jersey and the junior Sena- tor from New Jersey, 1 strongly object. The PRESIDING OFFICER. Objec- tion is heard, and the bill will be passed over. Mr. HUNT. Mr. President, this is an extremely important bill. Since both the Senators from New Jersey and also the two Senators from New York are tre- mendously interested, and inasmuch as the Air Service also has a great interest in this bill, I am going to move that the bill go to the foot of the calendar and be made the pending business. Mr. WHERRY. Mr. President, that motion is out of order. I think the proper request would be to ask unani- mous consent that the bill go to the foot of the calendar. The PRESIDING OFFICER. The Chair advises the Senator from Wyo- ming that the motion is not in order at this time. Mr. HUNT. Then, Mr. President, I asK unanimous consent that the bill be placed at the foot of the calendar and be made the pending business of the Senate. Mr. WHERRY. Mr. President, I still say that such a request is out of order. The PRESIDING OFFICER. The Chair advises the Senator from Wyo- 11043 ming that the request is not in order at the present time. The Senator may ask that the bill go to the foot of the calendar. Mr. HUNT. Mr. President, I ask unanimous consent that the bill be placed at the foot of the calendar. The PRESIDING OFFICER. The Senator from Wyoming asks unanimous consent that the bill be placed at the foot of the calendar. Is there objection? Mr. HENDRICKSON _I object. The PRESIDING OFFICER. Objec- tion is heard. Mr. HUNT. Mr. President, I am very anxious that the bill be considered at the earliest possible moment. Let me ask the distinguished Sena- tor from New Jersey just what motion would be agreeable to him in this con- nection. The PRESIDING OFFICER. The bill has been passed over. If the Senator from Wyoming wishes to speak on an- other measure on the calendar, he will be in order when another measure on the calendar is reached; but the bill has been passed over, on objection Mr. HENDRICKSON. Mr. President, it is perfectly agreeable to me—— The PRESIDING OFFICER. ‘The Senator has not been recognized as yet The regular order must be followed, and the clerk will state the next measure on the calendar. Mr. HUNT. Mr. President, this is a most important matter. Cannot we reach an agreement regarding it? The PRESIDING OFFICER. The Chair understands that the order of business is to consider, in order, the measures on the calendar. Under that arrangement, the next order of business is the next measure on the calendar. When the next measure on the calendar js stated, the Chair will recognize for 5 minutes any Senator who wishes to be recognized. The next measure on the calendar will be stated. WYOMING JACKSON HOLE NATIONAL PARK The bill (8 3409) to establish the Wyoming Jackson Hole National Park in the State of Wyoming, and for other purposes, was announced as next in order. The PRESIDING OFFICER. 1s there objection to the present consideration of the bill? Mr. SCHOEPPEL. Mr. President, may we have an explanation of the bill? The PRESIDING OFFICER. The Chair feels that at this time he should recognize the Senator from Wyoming {[Mr. Hunt], if he wishes to be recog- nized now, if the Senator from Kansas does not object to having that done. Does the Senator from Wyoming wish to address the Senate on the matter to which he previously referred? If he does, does the Senator from Kansas object, under the circumstances? Mr, SCHOEPPEL. I do not object. Mr. WHERRY. Mr. President, the distinguished Senator from Wyoming Is about to discuss the preceding measure on the calendar, doing so in the time allowed for consideration of Calendar
11044 No. 1941, the measure which has just been stated. However, it must be under- stocd that the preceding measure on the calendar is not now before the Senate. The PRESIDING OFFICER. That is correct. However, the Chair will recog- nize the Senator from Wyoming, to per- mit him to address the Senate, if he wishes to do so, Mr. HUNT. Mr. President, I serve notice that at the first convenient occa- sion I shall refer again to this matter. Myr. IVES. Mr. President—— The PRESIDING OFFICER. The Senator from Kansas [Mr. Scrorpre.] had the floor, and he is recognized at this time. Mr. SCHOEPPEL. Mr. President, if we are now on Calendar 1941, Senate bill 3409—— The PRESIDING OFFICER. That is correct. Mr. SCHOEPPEL. Then, Mr, Presi- dent, reserving the right to cbject to the present consideration of the bill, let me say that I am curious to know why on page 16, in line 4—and I should like to address my remarks to the senior Sen- ator from Wyoming [Mr. O’Manoney ]— the word “twenty-five” should not be “twenty.” Mr. O’MAHONEY. Mr. President, this bill was reported with the purpose of meking an over-all period of 25 years, in- cluding the first 5 years of complete re- imbursement, and then the 5-percent reduction. I was advised that the Scn- ator had an amendment, which is quite agreeable, and which I shall be very glad to accept. The PRESIDING OFFICER. Is there objection to the present consideration o. the bili? a There being no objection, the Senate proceeded to consider the bill (S. 3409), which had been reported from the Com- mittee on Interior and Insular Affairs with an amendment, to strike out all after the enacting clause and insert: That, for the -urpose of including in one national park, for public bonefit and enjfoy- ment, the lunds within the presont Grand Teton National Park and a portion of the lands within the Jackreon Hole Nnational Monument, there is hereby established a new “Grand Teton National Park.” The park shall comprise, subject to valid existing rights, all of the present Grand Teton Na- tional Park and all lands of the Jackson Hole National Monument that are not otherwise expressly provided for in this act, and an order setting forth the boundaries of the park shall be prepared by the Secretary of the Interior and published in the Federal Register. Tho national park so established shall, so far as consistent with the provisions of this act, be administered in accordance with the general statutes governing national parks, and rhall supersede the present Grand Teton National Park and the Jackson Hole National Monument. The act of February 26, 1929 (45 Stat. 1314), and any other pro- visions of law heretofore specifically appli- cable to such present park or monument, are hereby repealed: Provided, That no further extension or establishment of national parks or monuments in Wyoming may be under- taken except by express authorization of the Congress. 8xc. 2, The following-described lands of the Jackson Hole National Monument are hereby made a part of the National Elk Refuge and shall be administered hereafter CONGRESSIONAL RECORD—SENATE in accordance with the laws applicable to said refuge: SIXTH PRINCIPAL MERIDIAN Township 42 north, range 116 west: Those portions of sections 24, 25, 28, and 35 lying east of the east right-of-way line of United States Highway No. 187, and lying south and east of the north and west bank of the Gros Ventre River. Township 42 north, range 115 west: Those portions of sections 8, 9, 10, 17, 18, and 19 lying south and east of the north and west bank of the Gros Ventre River; section 20; section 29, northwest quarter; section 80, north half. Township 41 north, range 116 west: Entire portion now in Jackson Hole National Monu- ment except that portion in section 2 lying west of the east right-of-way of United States Highway No. 187. Containing in all six thousand three hun- dred and seventy-six acres, more or less. Sec. 3. The following-described lands of the Jackson Hole National Monument are hereby made a part of the Teton National Forest and shall be administered hereafter in accordance with the laws applicable to said forest: &IXTH PRINCIPAL MERIDIAN Township 45 north, range 113 west: Sec- tion 21, lot 5; section 22, lots 2 and 6; sec- tion 28, lot 3; section 26, lots 2, 8, 6, 7, south- west quarter noithwest quarter, southwest quarter and southwest quarter rcuthenst quarter; section 27, lots 1, 2, 4, 8, 7, 8 9, southeast quarter northeast quarter and south half; section 28, lot 1, southeast quar- ter northeast querter and cast half southeast quarter; section 29, lots 2, 4, 5, 6, 8, south- west quarter northeast quarter, northwest quarter southeast quarter, south half north- west quarter, and north half southwest quar- ter; section 30, lot 7, south half northeast quarter, north half southesst quarter and eoutheast quarter southeast quarter; section 31, lots 1 und 2: section 32, lots 2 and 5; section 33, east half northeast quarter and northeast quarter southeast quarter; section 34, north half and north half south half; section 35, north half, containing in all two thousand eieht hundred six and thirty-four one-hundredths acres, more or less. Sec. 4 With respect to thore lands that are included by this act within tha Grand Teton National Parl— (a) the Secretary of the Interior shall des- ignate and opsn rights-of-way, including stock driveways, over and across Federal lands within the exterlor boundary of the pork for the movement of persons and prop- erty to or from State and private lands within the exterior boundary of the park and to or from national forest, State, and private lands adjacent to the park. The location and use of such rights-of-way shall be subject to such regulations as may be prescribed by the Secretary of the Interior; (b) all leases, rermits, and licenses issued or authorized by any department, estab- lishment, or agency of the United States with respect to the Federal lands within the exterior boundary of the park which are in effect on the date of approval of this act shall continue in effect, cubject to compli- ance with the terms and conditions therein set forth, until terminated in accordance with the provisions thereof; (c) where any Federal lands included within the park by this act were legally oc- cupied or utilized on the dete of approval of this act for residence or grazing purposes, or for other purposes not inconsistent with the act of August 25, 1916 (39 Stat. 635), pursuant to a lease, permit, or license issued or authorized by any department, establish- ment, or agency of the United States, the person £0 occupying or utilizing such lands, and the heirs, successors, or assigns of such person, shall, upon the termination of such JULY 26 lease, permit, or license, be entitled to have the privileges so possessed or enjoyed by him renewed from time to time, subject to such terms and conditions as the Secretary of the Interior shall prescribe, for a period of 25 years from the date of approval of this act, and thereafter during the lifetime of such person and the lifetime of his heirs, successors, or assigns but only if they were members of his immediate family on such date, as determined by the Secretary of the Interlor: Provided, That grazing privileges appurtenant to privately owned lands located within the Grand Teton National Park estab- ished by this act chall not be withdrawn until title to lands to which such privileges are appurtenant shall have vested in the United States, except for failure to comply with the regulations applicable thereto after reasonable notice of default: Provided fur- ther, That nothing in this subsection shall apply to any lease, permit, or license for mining purposes or for public accommoda- tions and services or to any occupancy or utilization of lands for purely temporary pur- poses. Nothing contained in this act shall be construed as creating any vested right, title, interest, or estate in or to any Federal lands, Src 5. (a) In order to provide compensa- tion for tax losses sustained as a result of any acquisition by the United States, subse- quent to March 15, 1943, of privately owned lands, together with any improvements thereon, lccated within the exterlor bound- ary of the Grand Teton National Park estab- lished by this act, payments shall be made to the State of Wyoming for distribution to the county in which such lands are located in accordance with the following schedule of payments: For the fiscal year in which the land has been or may be acquired and 4 years thereafter there shall be paid an amount equal to the full umount of annual taxes last assessed and Icvied on the land by public taxing units in such county, less any amount, to be determined by the Sec- retary of the Interior, which may have been paid on account of taxes for any period fall- ing within such fiscal year. For each suce- cesding fiscal year, until 25 years elapse, there shall be paid on account of such land an amount equal to the full amount of taxes referred to in the preceding sentence, less 5 percent of such full amount for each fiscal yoar, including the year for which the pay- men’, is to be made, following the fiscal year in which the lend was acyuired: Provided, That the amount payable under the fore going schedule for any fiscul year preceding the first full fiscal yoar following the approval of this act shall not become payahle until the end of such first full fiscal year. (b) As svon as practicable after the end of each fiscal year, the amount then due for such fiscal year shall bs computed and cer- tifled by the Secretary of the Interior, and shall be paid by the Secretary of the Treas- ury: Provided, That such amount shall not exceed 25 percent of the fees collected during such fiscal year froin visitors to the Grand Teton National Park established by this act and the Yellowstone National Park. Pay- ments made to the State of Wyoming under this section shall be distributed to the county where the lands acquired from private land- owners are locatcd and in such manner os the State of Wyoming may prescribe. Bec. 6. (a) The Wyoming Game and Fish Commission and the National Park Service shall devise, from technical information and other pertinent data assembled or produced by necessary field studies or investigations conducted jointly by the technical and ad- ministrative personnel of the agencies in- volved, and recommend to the Secretary of the Interior and the Governor of Wyoming for their joint approval, a program to in- sure the permanent conservation of the elk within the Grand Teton National Park es- tablished by this act. Such program shall
1950 include the controlled reduction of elk in such park, by hunters licensed by the State of Wyoming and deputized as Tangers by the Secretary of the Interior, when it is found necessary for the purpose of proper management and protection of the elk. (b) At least once a year, between February 1 and April 1, the Wyoming Game and Fish Commission and the National Park Service shall submit to the Secretary of the Interior and to the Governor of Wyoming, for their joint approval, their Joint recommendations for the management, protection, and control of the elk for that year. The yearly plan recommended by the Wyoming Game and Fish Commission and the National Park Service shall become effective when approved by the Secretary of the Interior and the Governor of Wyoming, and thereupon the Wyoming Game and Fish Commission and the Secretary of the Intertor shall issue sep- arately, but simultaneously such appropri- ate orders and regulations as are necessary to carry out those portions of the approved plan that fall within their respective juris- Gictions. Such orders and regulations, to be issued by the Secretary of the Interior and the Wyoming Game and Fish Commission, shall include provision for controlled and managed reduction by qualified and expert- enced hunters licensed by the State of Wy- oming and deputized as rangers by the Seo- retary of the Interior, if and when a reduc- tion in the number of elk by this method within the Grand Teton National Park es- tablished by this act is required as a part of the approved plan for the year, provided that one elk only may be killed by each such licensed and deputized ranger. Such orders and regulations of the Secretary of the In- terior for controlled reduction shall apply only to the lands within the park which lle east of the Snake River and those lands west of Jackson Lake and the Snake River which lie north of the present north boundaries of Grand Teton National Park, but shall not be applicable to lands within the Jackson Hole Wildlife Park. After the Wyoming Game and Fish Commission and the National Park Service shall have recommended to the Sec- retary of the Interfor and the Governor of Wyoming in any specified year a plan, which has received the joint approval of the Secre- tary of the Interior and the Governor of Wyoming, calling for the controlled and managed reduction by the method prescribed herein of the number of elk within the Grand Teton National Park established by this act, and after the Wyoming Game and Fish Commission shall have transmitted to the Secretary of the Interior a list of per- sons who have elk hunting licenses issued by the State of Wyoming and who are qualified and experienced hunters, on or before July 1 of that year the Secretary of the Interior, without charge, shall cause to be issued orders deputizing the persons whose names appear On such list, in the number specified by the plan, as rangers for the purpose of entering the park and assisting in the con- trolled reduction plan. Each such qualified hunter, deputized as a ranger, participating in the controlled reduction plan shall be permitted to remove from the park the car- cass of the elk he has killed as a part of the plan. Sec. 7. The Secretary of the Interior 1s authorized to accept the donation of the Tollowing-described lands, which lands, upon acceptance by the United States, shall be- come a nart of the national park: SIXTH PRINCIPAL MERIDIAN Township 41 north, range 116 west: Beo- tion 8, lots 1 and 2. Containing seventy~eight and ninety-three one-hundredths acres, more or less. Szxc. 8. All temporary withdrawals of pub- Mec lands made by Executive order in ald of legislation pertaining to parks, monuments, CONGRESSIONAL RECORD—SENATE or recreational areas, adjacent to the Grand Teton National Park as established by this act are hereby revoked, Sxc. 9. Nothing in this act shall affect the ‘use for reclamation purposes, in accordance With the act of June 17, 1902 (82 Stat. 388), and acts amendatory thereof or supplemen- tary thereto, of the lands within the exterior boundary of the park as prescribed by this act which have been withdrawn or acquired for reclamation purposes, or the operation, maintenance, rehabilitation, and improve- ment of the reservoir and other reclamation facilities located on such withdrawn or ac- quired lands All provisions of law incon- sistent with the provisions of this act are hereby repealed to the extent of such incon- sistency. The remaining unexpended balance of any funds appropriated for the present Grand Teton National Park and the Jackson Hole National Monument shall be avatlable for expenditure in connection with the ad- ministration of the Grand Teton National Park established by this act. The PRESIDING OFFICER. ‘The question is on agreeing to the commit- tee amendment. Mr, SCHOEPPEL. Mr. President, to the committee amendment, I submit the amendment which I send to the desk and ask to have stated. The PRESIDING OFFICER. The amendment to the committee amend- ment will be stated. The Lecrstative CLerK. In the com- mittee amendment, on page 16, in line 4, it is proposed to strike out the word “twenty-five” and insert in lieu thereof the word “twenty.” On the same page, in lines 9 and 10, it is proposed to strike out ‘following the fiscal year in which the land was ac- quired.” The PRESIDING OFFICER. The question is on agreeing to the amend- ment of the Senator from Kansas to the committee amendment. Mr. O'MAHONEY. Mr. President, I should like to have the amendment to the committee amendment restated. The PRESIDING OFFICER. The amendment to the committee amend- ment will be stated. The LeGistarive Currk. In the com- mittee amendment, on page 16, in line 4, it is proposed to strike out the word “twenty-five” and insert in lieu thereof the word “twenty.” On the same page, in lines 9 and 10, it is proposed to strike out the words “fol- lowing the fiscal year in which the land was acquired.” Mr. O’MAHONEY. Mr. President, the amendment to the committee amend- ment is acceptable. The PRESIDING OFFICER. The question is on agreeing to the amend- ment of the Senator from Kansas to the committee amendment. The amendment to the amendment was agreed to. The amendment, as amended, was agreed to. The bill (S. 3409) was ordered to be engrossed for a third reading, read the third time, and passed. The title was amended so as to read: “A bill to establish a new Grand Teton National Park in the State of Wyoming, and for other purposes.” 11045 CONSTRUCTION AT GRIFFISS AIR FORCE BASE, ROME, N. Y. Mr. LEHMAN, Mr, President, I rise to express the very great hope that the two Senators from New Jersey will take such steps as may be necessary to permit Senate bill 3727, a bill to authorize cer- tain construction at Griffiss Air Force Base, and for other purposes, to come be- fore the Senate. This proposed legisla- tion is tremendously important in the interest of the national defense. I am authorized to say that the chair- man of the Armed Services Committee is very desirous to have prompt action taken on the bill. He and the commit- tee consider this legislation of primary importance to the National Military Establishment. I know that the Secre- tary of the Air Force is very anxious to have the bill considered immediately and passed. I hope it will be. Mr. TAFT. Mr. President, will the Senator yield? Mr. LEHMAN. Mr. President, the bill js of the utmost importance, and I strongly urge that it come before the Senate and be passed promptly. Mr. WHERRY. Mr. President, inas- much as I was the one who interrogated the Senator from Wyoming (Mr. Hunt) in regard to this very bill, let me say that what I am talking about is the par- liamentary procedure to be followed. We are now on the Consent Calendar, during the consideration of which no Senator can speak longer than 5 minutes, When a Senator has exhausted his time, and objection is made and a bill goes over, then, under the rule, only one course can be pursued by a Senator who seeks the passage of the bill. After the Consent Calendar has been called if a Senator, in this case the Senator from Wyoming, wants to move to have the bill made the pending business, that is his right; but during the consideration of the Consent Calendar, there is no par- liamentary way by which a bill can, on motion, be made the pending business. To do so would simply break up the ar- rangement under which we are now proceeding. It would be out of order. The parliamentary situation, first, would have to be protected. Iam not saying a thing about the merits or about the de- bate which might ensue, but it is such an important bill that apparently there are those who feel that it should be consid- ered when sufficient debate may be had upon it. In order to protect the Consent Calendar, during the consideration of which every Senator has a right to ob- Ject to any bill, naturally a motion to make a certain bill the pending business cannot be entertained. I want the distinguished Senator from New York, and also the distinguished Senator from Wyoming to know the rea- son for my attitude. It does not indi- cate that the minority leader is attempt- ing to block the passage of the bill, but any other course would defeat the whole purpose of calling the calendar. I sug- gest to the distinguished Senators that after the call of the calendar is com- pleted, if {t meets with the approval of the acting majority leader and if he wants to have the bill considered, a
11046 motion can be made to take up the bill and to meke it the pending business. Mr, LEHMAN, I thank the Senator from Nebraska. Mr, IVES, Mr. President, the senior Senator from New York would like to express his appreciation to the distin- guished minority leader for the action he has indicated he is perfectly willing to take in this connection. Quite obviously the procedure which has thus been indi- cated is the proper procedure. The sen- jor Senator from New York would like to urge support of this measure when the bill comes properly before the Senate. The senor Senator from New York is not urging this merely because he hap- pens to come from the State of New York. The senior Senator from New York has insisted throughout the entire consideration of this matter that the determination of the armed services themselves should be the deciding factor. The armed services very definitely indi- cate that it is most essential that this bill be passed. Mr. HUNT. Mr. President, I should simply like to say that I have served notice that, at the first opportunity, I intend to call up this bill because of its importance. I hope that will be done immediately following the conclusion of the call of the Consent Calendar. Mr, TAFT. Mr. President, I should like to point out that a motion to be made following the conclusion of the calendar to lay aside the appropriation bill, presents Lhe question of how far that can be pcrmitted by the Senators in charge of the appropriation bill. Mr. HUNT. I may say to the distin- guished Senator from Ohio that there are four Senators who want to make statements for the Recorp. Perhaps it will only take 35 or 40 minutes. Laying aside the appropriation bill at this time is, I think, secondary to the considera- tion of this bill. AUTHORIZATION OF CERTAIN FUNCTIONS BY NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS The bill (H. R. 5074) to promote the national defense by authorizing specifi- cally certain functions of the National Advisory Committee for Acronautics necessary to the effective prosecution of aeronautical research, and for other pur- poses, was announced as next in order. The PRESIDING OFFICER. Is there objection? Mr. CHAVEZ, Over. The PRESIDING OFFICER. Objec- tion is heard, and the bill will go over. Mr. GURNEY. Mr. President, will the Senator withhold his objection, please? If it is his desire that an ex- planation be given of the bill—— Mr. CHAVEZ. No. The Senator from Wyoming has stated that it is his pur- pose, following the conclusion of the call of the Consent Calendar, to ask consid- eration of this bill. That being the case, there is no necessity for making an ex- planation at this time, Mr. GURNEY. No. We are now talk- ing about Calendar Order No. 1942, House bill 5074 relative to the National Advi- sory Committce for Aeronautics, CONGRESSIONAL RECORD—SENATE Mr, CHAVEZ, Mr. President, I mis- understood the Senator from Wyoming. I have no objection. The PRESIDING OFFICER. Let the Chair state the question before the Sen- ate. The question, Is there objection to the present consideration of the bill (H. R. 5074) ? Mr. McCARRAN. Mr. President, may we have an explanation of the bill? Mr. GURNEY. Mr. President, this bill has been unanimously reported by the Armed Services Committee. As Iun- derstand, it in no way changes the pres- ent law, which is made up entirely of the riders which have appeared from time to time on appropriation bills. The bill has been passed by the House. If passed by the Senate, it will be unnecessary to place authorizing language in the ap- propriation bill for this Advisory Com- mittee, It dces not in any way change the present law. There is one amend- ment, as will be noted from the commit- tee report, but it is a minor one, and I believe the House will agree to it. If there are any specific questions regard- ing the bill, I shall ke glad to answer them, The PRESIDING OFFICER. objection? There being no objection, the Senate procceded to consider the bill (H. R. 5074) to promote the national defense by authorizing specifically certain functions of the National Advisory Committee for Aeronautics necessary to the effective prosecution of aeronautical research, and for other purposes, which had been re- ported from the Committee on Armcd Services, with an amendment, on page 2, line 17, after the word “necessary”, to insert a colon and the following proviso: “Provided, That no such alien shall be employed until he has been cleared for such appointment as a result of an ap- propriate security investigation as de- termined by the Director of the Com- mittee.” The amendment was agreed to. The amendment was ordered to be en- grossed and the bill to be read a third time. The bill was rend the third time and passed, INCREASE OF MAXIMUM SALARY OF THREE INCUMBENTS OF CENTRAL IN- TELLIGENCE AGENCY The bill (S. 3875) to amend section 9 of the Central Intelligence Agency Act of 1949 was considered, ordered to be engrossed for a third reading, read the third time, and passed, as follows: Be it enacted, etc., That section 9 of the Contral Intelligence Agency Act of 1949 (act of June 20, 1949, ch. 227, sec. 9, 63 Stat. 212) is hereby amended by deleting the figure “$10,000” and substituting in Neu thereof the Agure “813,1C0.” BILL PASSED OVER The bill (H. R. 7786) making appro- priations for the support of the Govern- ment for the fiscal year ending June 30, 1951, and for other purposes, was an- nounced as next in order. The PRESIDING OFFICER. Since this bill is at present the unfinished busi- ness before the S2nate, it will be passed over. Is there JULY 26 PERMANENT EASEMENTS OR RIGHTS-OF-. WAY ON FEDERAL RECLAMATION PROJECTS The bill (H. R, 1922) to amend sec- tion 10 of the Reclamation Project Act of 1939, was announced as next in order. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? Mr. HENDRICKSON. Mr. President, reserving the right to object, I should appreciate very much an explanation of this bill. Mr. O’MAHONEY. Mr. President, the present law gives the Secretary of the Interior, in the administration of recla- mation projects, the authority to make grants, leases, and licenses for periods not to exceed 50 years. It has been found very necessary to add to that authority, now existing by law, the authority to grant casements or rights-of-way. The committee was of opinion, and unani- mously of opinion, that this additional authority to grant easements and rights- of-way was necessary in the construc- tion of such projects, but the commitice has recommended an amendment to provide that if a water users’ organiza- tion is under any contract obligation for repayment on account of the proj- ect or division involved, that the con- sent of that organization should be ob- tained before any grant in excess of 25 years should be made. There was no objection to the measure in committze, Mr. HENDRICKSON. I wonder whether the distinguished Senator from Wyoming will tell us whether there are any costs involved in this matter? Mr. O’MAHONEY. No; there are no costs involved. Mr. HENDRICKSON. I thank the Senator. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? There being no objection, the Senate proceeded to consider the bill (H. R. 1922) to amend section 10 of the Recla- mation Project Act of 1939, which had been reported from the Committee on Interior and Insular Affairs, with an amendment, on page 1, line 11, after the word “project”, to insert a colon and the following proviso: ‘'‘Provided, That, if a@ water uscrs’ organization is under contract obligation for repayment on account of the project or division in- volved, easements or rights-of-way for periods in excess of 25 years shall be granted only upon prior written ap- proval of the governing board of such or- ganization.” The amendment was agreed to. The amendment was ordered to be en- grossed and the bill to be read a third time. The bill was read the third time and passed, REORGANIZATION PLAN NO. 27 OF 1950— RESOLUTION INDEFINITELY POST- PONED The resolution (S. Res. 302) disapprov- ing Reorganization Plan No. 27 of 1950 was announced as next in order. The PRESIDING OFFICER. In view of the action of the House, what is the
1950 Pleasure of the Senate regarding this resolution? Mr, TAFT. I move that the resolu- tion be indefinitely postponed. Mr. O’MAHONEY. Mr. President, perhaps a motion so broad as that would require some discussion. Why not let it go over? Mr, TAFT. I thought we might as well get it off the calendar. The House has acted, and there is no necessity what- ever for action by the Senate. Mr, O’MAHONEY. Very well. Mr, HENDRICKSON. Mr. President, I only rise to ask that the resolution be taken off the calendar, for the reason stated by the Senator from Ohio. The PRESIDING OFFICER. Without objection, the resolution will be indefi- nitely postponed. PLANT AND ANIMAL INSPECTION SERVICE The bill (8S. 3698) to enable the Secre- tary of Agriculture to furnish, upon a reimbursable basis, certain inspection services involving overtime work was an- nounced as next in order. The PRESIDING OFFICER. Is there objection to the present consideration of the bill? Mr. HENDRICKSON. Mr. President, reserving the right to object, I would ap- preciate, and I am sure the Senate would appreciate, an explanation of the bill. The PRESIDING OFFICER. An ex- planation is desired. The Senator from Vermont, Mr, AIKEN. This bill is for the ac- commodation of exporters and im- porters on our international borders. It would affect, primarily, those located along the Canadian border and along the Florida and Mexican coasts. Under the present law, inspectors of plants and animals are permitted to work only 40 hours a week. In the small ports of en- try, where there is only one inspector, it makes a great deal of difference if an importer arrives Jate at the border. He cannot get the stock, whether it be plants, animals, or fruit, inspected, al- though the inspector might be in plain sight all the time. This bill will give the inspector the right to inspect plants and animals even though they arrive after hours, The Federal Government pays the inspector for the overtime work, and the Government, in turn, is reim- bursed by the importer or the exporter, as the case may be, So far as I know, there is no oppo- sition to the bill. Certain importers have asked for it. The Department believes it to be entirely workable, and it would be a great accommodation and saving in time to those engaged in exporting and importing plants and animals. Mr. HOLLAND. Mr. President, this measure is particularly important wher- ever aviation and commerce bring into this country plants and animals from countries in which there are serious in- festations, such as the foot-and-mouth disease, or the Mediterranean fruitfiy, or other pests or diseases which are a great menace to agriculture. So, Mr. President, from the aviation industry and from exporters and importers in- volved there has come this request, to CONGRESSIONAL RECORD—SENATE which there has been no opposition at all. It will not cost the United States Government anything, and I hope that the bill may be passed. The PRESIDING OFFICER. Is there objection to the consideration of the bill? There being no objection, the bill (8, 3698) to enable the Secretary of Agricul- ture to furnish, upon a reimbursable basis, certain inspection services involv- ing overtime work was considered, or- dzred to be engrossed for a third read- ing, read the third time, and passed, as follows: Be it enacted, etc., That the Secretary of Agriculture is authorized to pay employees of the United States Department of Agri- culture performing inspection or quarantine services relating to imports into and exports from the United States, for all overtime, night, or holiday work performed by them at any place where such inspection and quar. antine services are performed, at such rates as he may determine, and to accept from Persons for whom such work is performed re- imbursement for any sums paid out by him for such work, AVAILABILITY OF CONSERVATION MATE- RIALS AND SERVICES TO FARMERS The bill (S. 2635) to amend the Soil Conservation and Domestic Allotment Act, as amended, was announced as next in order. Mr. WHERRY. Mr. President, re- serving the right to object, I should like to ask the ranking minority member of the Committee on Agriculture and For- estry if this bill would give the same re- lief as was given by the bill just passed. There is no question as to the time limit. If the inspectors could be paid for over- time, it would take care of many of the difficulties of meat inspectors, especially when large runs of livestock come in. Mr. AIKEN. I would say that this bill would not cover the inspection of do- mestic plants and animals. Mr. WHERRY. Why should it not be amended to include meat inspectors em- ployed domestically, who have a similar difficulty? There are times when tre- mendous runs of cattle come to the mar- ket, and there is need for part-time in- spectors. If we are going to extend the law to take care of the needs on the borders, why not extend it to take care of the needs of meat inspectors within the United States, when and if there is a demand? Mr. AIKEN. Ido not know as to that. All I can say is that there was no re- quest for it. Mr. WHERRY. I observe that Mr. AIKEN, I think it would help to alleviate situations such as those which were pointed out by the Senator from Washington (Mr. Macwroson], involving the slaughtering of Canadian cattle, driven over the border, In the case of markets, such as Chicago, St. Paul, Sioux City, and Omaha, I do not think it would apply, because it has reference to ex- porters and importers. Mr. WHERRY. I agree that the bill as amended does not apply to the situa- tion within the confines of the United States. I should like to ask the distin- guished Senator if he would accept an amendment that would make it apply, so that when and if huge runs of cattle come in they can be taken care of. 11047 Mr, AIKEN. The Senator from Ver- mont would have no personal objection to such an amendment, but I should not want to take a chance on killing what ‘we have. I should like to have the ad- vice of the Senator from Florida [Mr. Hoitanp] as to the advisability of amending the bill to cover inspectors of meat and slaughtering in this country. The PRESIDING OFFICER. Is there objection to the consideration of the bill? Mr. AIKEN. Mr. President, I think some Senator might want to be heard on it. Mr. SCHOEPPEL, Mr. President, may we have an explanation of the bill? Mr. ELLENDER. Mr. President, Sen- ate bill 2635 would amend the Soil Con- servation and Domestic Allotment Act by providing the Secretary discretion- ary power to set fair prices for conser- vation materials to be bought in whole or in part with Federal funds. The act now makes it mandatory that the Sec- retary set fair prices and this action sometimes creates a situation where farmers cannot get the benefit of lower, competitive prices. By providing discre- tionary power to set fair prices, farmers will still be protected against unduly high prices for conservation materials used in the agricultural conservation program. I might state to the distinguished Sen- ator from Kansas that this bill had the unanimous approval of the committee of the Senate, as well as the committee of the House. It does not withdraw the right of the Secretary to establish a fair price; it simply makes it discretionary rather than mandatory. The PRESIDING OFFICER. Is there pdjection to the consideration of the ? There being no objection, the bill (8. 2635) to amend the Soil Conservation and Domestic Allotment Act, as amended, was considered, ordered to be engrossed for a third reading, read the third time, and passed, as follows: Be it enacted, etc., That the second para- graph of section 8 (b) of the Soil Conserva- tion and Domestic Allotment Act is amended (1) by striking from the last sentence of the language “at not to exceed a fair price fixed in accordance with regulations to be Prescribed by the Secretary” and (2) by add- ing the following new sentence: “The price at which purchase orders for any conser- vation material or service are filled may be limited to a fair price fixed in accordance wen regulations prescribed by the Secre- AGRICULTURAL SERVICE PROGRAM The bill (8. 2636) to amend the Soil Conservation and Domestic Allotment Act, as amended, and the Agricultural Adjustment Act of 1938, as amended, was announced as next in order. Mr. SCHOEPPEL. Mr. President, may we have an explanation of the bill? Mr. HOEY. Mr. President, this bill extends to December 31, 1952, section 8 (a) of the Soil Conservation and Domes- tic Allotment Act. It has been unani- mously reported by the committee, Mr, SCHOEPPEL, I have no objec- tion. There being no objection, the Senate proceeded to consider the bill (S. 2636)
11048 to amend the Soil Conservation and Do- mestic Allotment Act, as amended, and the Agricultural Adjustment Act of 1938, as amended, which had been reported from the Committee on Agriculture and Forestry, with an amendment to strike out all after the enacting clause, and insert: That section 8 (a), as amended, of the Soil Conservation and Domestic Allotment Act, is amended (a) by striking out “Janu- ary 1, 1951" wherever it appears therein and inserting in lieu thereof “January 1, 1953,” and (b) by striking out “December 31, 1950" and inserting in lieu thereof “‘December 31, 1952.” The amendment was agreed to. The bill was ordered to be engrossed for a third reading, read the third time, and passed. The title was amended so as to read: “A bill to amend the Soil Conservation and Domestic Allotment Act, as amended.” PATENT TO MRS. AVENA M. CHIPS-WHITE BULL The Senate proceeded to consider the bill (S. 815) to authorize and direct the Secretary of the Interior to issue to Mrs. Avena M. Chips-White Bull a patent in fee to certain land which had heen re- ported from the Committee on Interior and Insular Affairs with an amendment to strike out all after the enacting clause, and insert: That the Secretary of the Interior {s au- thorized and directed to sell the trust allot- ment Nos, 190 and 192 of the Red Star, deceased, described as the south half of section 21, township 107, range 74, fifth prin- cipal meridian, South Dakota, and the north- east quarter of section 33, township 107, range 74, fifth principal meridian, South Dakota, conveyance to be made by the issu- ance of & patent in fee to the purchaser, and to distribute the proceeds of such sale among the heirs of the said Red Star in accordance with their respective interests. Sec. 2. (a) The lands herein described shall not be sold after the date of enactment of this act to any purchaser, other than the Lower Brule Tribe of Indians of the Crow Creek Reservation of South Dakota or a member thereof, unless (1) at least 60 days prior to such sale the superintendent of the Crow Creek Agency shall have been served with notice of the terms thereof, and a copy of such notice, together with a description of the lands, shall have been posted by the superintendent in a conspicuous public place at such agency and have remained posted for a period of 60 days, and (2) prior to the expiration of such 60 days no bona fide offer in writing to purchase such land upon the terms specified in such notice, or upon terms more favorable to the owner, shall have been made by the Lower Brule Tribe or any member thereof and a copy thereof served upon the superintendent of the Crow Creek Agency. (b) A certificate of the superintendent of the Crow Creek Agency stating that notice of the proposed sale was served upon him and was posted by him for a period of 69 days in accordance with the provisions of clause (1) of subsection (a) and that no offer was received in accordance with clause (2) of such subsection, when filed and recorded in the office of the register of deeds of the county in which such lands are situ- ated, shall be conclusive evidence of com- pliance with this section. The superintend- ent shall furnish the certificate to the pur- chaser for filing and recording. The amendment was agreed to, CONGRESSIONAL RECORD—SENATE The bill was ordered to be engrossed for a third reading, read the third time, and passed. The title was amended so as to read: “A bill to authorize the sale of inherited interests in certain allotted land under the jurisdiction of the Crow Creek In- dian Agency, S. Dak.” PATENT TO MRS. ANNA RICHARD LONE DOG AND OTHERS The Senate proceeded to consider the bill (S. 816) authorizing the Secretary of the Interior to issue a patent in fee to Mrs, Anna Richard Lone Dog and other heirs of James Richard, deceased, to certain lands, which had been re- ported from the Committee on Interior and Insular Affairs with an amendment to strike out all after the enacting clause and insert: That the Secretary of the Interior is au- thorized and directed to sell the trust allot- ment No. 2109 of James Richard, deceased, described as the south half section 2, town- ship 38 north, range 36 west, sixth principal meridian, South Dakota, conveyance to be made by the issuance of a patent in fee to the purchaser, and to distribute the proceeds of such sale among the heirs of the said James Richard tn accordance with their re- spective interests. Exc. 2. (a) The lands herein described shall not be sold after the date of enact- ment of this act to any purchaser, other than the Pine Ridgo Ogalala Sioux Tribe of Indians of the Pine Reservation of South Dakota or a member thereof, unless (1) at lcast 60 days prior to such sale the superin- tendent of the Pine Ridge Agency shall have been served with notice of the terms thereof, and # copy of such notice, together with a description of the lands, shall have been posted by the superintendent in a conspicu- ous public place at such agency and have remained posted for a period of 60 days; and (2) prior to the expiration of such 60 days no bona fide offer in writing to purchase such land upon the terms specified in such notice, or upon terms more favorable to the owner, shall have been made by the Pine Ridge Ogalala Sioux Tribe or any member thereof and a copy thereof served upon the superin- tendent of the Pine Ridge Agency. (b) A certificate of the superintendent of the Pine Ridge Agency stating that notice of the proposed sale was served upon him and was posted by him for a period of 60 days in accordance with the provisions of clause (1) of subcection (a) and that no cffer was received in accordance with clause (2) of such subsection, when filed and re- corded in the office of the register of deeds of the county in which such lands are situ- ated, shall be conclusive evidence of com- pliance with this section. The superintend- ent shall furnish the certificate to the pur- chaser for filing and recording. The amendment was agreed to. The bill was ordered to be engrossed for a third reading, read the third time, and passed. The title was amended so as to read: “A bill to authorize the sale of inherited interests in certain allotted land under the jurisdiction of the Pine Ridge Indian Reservation, S. Dak.” PATENT TO MRS. IRIS HUEBNER MARAK The Senate proceeded to consider the bill (S, 1064) to authorize and direct the Secretary of the Interior to issue to Mrs. Iris Huebner Marak a patent in fee to certain land, which had been reported from the Committee on Interior and In- sular Affairs, with an amendment to JULY 26 strike out all after the enacting clause, and insert: That the Secretary of the Interior is hereby authorized and directed to sell the trust al- lotment numbered 087581 of Mrs. Iris Hueb- ner Marak, situated on the Pine Ridge Res- ervation and described as lot 4, southeast quarter southwest quarter, south half south- east quarter section 31, township 41 north, range 46 west, sixth principal meridian, Shannon County, 8. Dak., conveynance to be made by the issuance of a patent in fee to the purchaser, and to distribute the proceeds of such sale to Mrs. Iris Huebner Marak, of Buffalo Gap, S. Dak. Src. 2. (a) The lands herein described shall not be sold after the date of enactment of this Act to any purchaser, other than the Ogalala Sioux Tribe of Indians of the Pine Ridge Reservation of South Dakota or a member thereof, unless (1) at least 60 days prior to sucr sale the superintendent of the Pine Ridge Agency shall have been served with notice of the terms thereof, and a@ copy of such notice, together with a de- serlption of the lands, shall have been posted by the superintendent in a conspicuous pub- lic place at such agency and have remained posted for a period of 60 days, and (2) prior to the expiration of such 60 days no bona fide offer in writing to purchase such land upon the terms specified in such notice, or upon tcrms more favorable to the owner, shall have ben made by the Ogalala Sioux Tribe or any member thereof and a copy thereof served upon the superintendent of the Pine Ridge Agency. (b) A certificate of the superintendent of the Pine Ridge Agency stating that notice of the proposed sale was served upon him and was posted by him for a period of €0 days in accordance with the provisions of clause (1) of subsection (a) and that no offer was received in accordance with clause (2) of such subsection, when filed and re- corded in the office of the register of deeds of the county in which such lands are situated, shall be conclusive evidence of compliance with this section. The superintendent shall furnish the certificate to the purchaser for fiing and recording, The amendment was agreed to. The bill was ordered to be engrossed for a third reading, read the third time, and passed. The title was amended so as to read: “A bill to authorize the sale of land al- lotted to Mrs. Iris Huebner Marak on the Pine Ridge Reservation, S. Dak.” PATENT TO JOHN LONE DOG The Senate procecded to consider the bill (S. 1222) authorizing the issuance of a patent in fee to John Lone Dog, which had been reported from the Com- mittee on Interior and Insular Affairs, with an amendment to strike out all after the enacting clause, and insert: That the Secretary of the Interior is au- thorized and directed to sell the trust al- lotment No. 1971 of Roy Lone Dog, deceased, described as the northeact quarter section 29, township C9 north, range 37 weet, sixth principal meridian, South Dakota, con- veyance to be made by the issuance of a patent in fee to the purchaser, and to dis- tribute the procecds of such sale among the heirs of the said Roy Lone Dog, in accord- ance with thoir respective interests. Sec. 2. (a) The lands herein described shall not be sold aftor the date of enact- ment of this act to any purchaser, other than the Oglala Sioux Tribe of Indians of the Pine Ridge Reservation of South Dakota or a member thereof, unless (1) at least 60 days prior to such sale the Superintend- ent of the Pine Ridge Agency shall have been served with notice of the terms thereof
1950 and a copy of such notice, together with @ description of the lands, shall have been posted by the superintendent in a con- spicuous public place at such agency and have remained posted for a period of 60 days, and (2) prior to the expiration of such 60 days no bona fide offer in writing to pur- chase such land upon the terms specified in such notice, or upon terms more favorable to the owner, shall have been made by the Oglala Sioux Tribe or any member thereof and a copy thereof served upon the super- intendent of the Pine Ridge Agency. (b) A certificate of the superintendent of the Pine Ridge Agency stating that notice of the proposed sale was served upon him and was posted by him for a period of 60 days in accordance with the provisions of clause (1) of subsection (a) and that no offer was received in accordance with clause (2) of such subsection, when filed and re- corded in the office of the register of deeds of the county in which such lands are situ- ated shall be conclusive evidence of com- pliance with this section. The superintend- ent shall furnish the certificate to the pur- chaser for filing and reccrding. The amendment was agreed to. The bill was ordered to be engrossed for a third reading, read the third time, and passed. The title was amended so as to read: “A bill to authorize the sale of inherited interests in certain allotted land under the jurisdiction of the Pine Ridge Indian Agency, S. Dak.” PATENT TO GEORGE C. ESTES The Senate proceeded to consider the bill (S. 1457) to authorize and direct the Secretary of the Interior to issue to George C. Estes a patent in fee to certain land, which had been reported from the Committee on Interior and Insular Affairs with an amendment to strike out all after the enacting clause, and insert: That the Secretary of the Interior ts au- thorized and directed to sell the trust allot- ment numbered 599 to George C. Estes, de- scribed as the southwest quarter section 27, township 107 north, range 77 west, fifth principal meridian, South Dakota, convey- ance to be made by the issuance of 4 patent in fee to the purchaser, and to distribute the proceeds of such sale to said George C. Estes. Src. 2. (a) The lands herein described shall not be sold after the date of enactment of this act to any purchaser, other than the Lower Brule Sioux Tribe of Indians of the Crow Creek Reservation of South Dakota or @ member thereof, unless (1) at least sixty days prior to such sale the Superintendent of the Crow Creek Agency shall have been served with notice of the terms thereof and a copy of such notice, together with a descrip- tion of the lands, shall have been posted by the superintendent in a conspicuous public place at such agency and have remained posted for a period of sixty days, and (2) prior to the expiration of such sixty days no bona fide offer in writing to purchase such land upon the terms specified in such notice, or upon terms more favorable to the owner, shall have been made by the said Lower Brule Sioux Tribe or any member thereof and a copy thereof served upon the Superintendent of the Crow Creek Agency. (b) A certificate of the Superintendent of the Crow Creek Agency stating that notice of the proposed sale was served upon him and ‘was posted by him for a period of sixty days in accordance with the provisions of clause (1) of subsection (a) and that no offer was received in accordance with clause (2) of such subsection, when filed and recorded in the office of the register of deeds of the county in which such lands are situated shall CONGRESSIONAL RECORD—SENATE be conclusive evidence of compliance with this section, The superintendent shall fur- nish the certificate to the purchaser for filling and recording. The amendment was agreed to. The bill was ordered to be engrossed for a third reading, read the third time, and passed. The title was amended so as to read: “A bill to authorize the sale of lands allotted to George C. Estes on the Lower Brule Indian Reservation, S. Dak.” PATENT TO JAMES BROWN The Senate proceeded to consider the bill (S. 1426) authorizing the Secretary of the Interior to issue a patent in fee to James Brown, which had been reported from the Committee on Interior and In- sular Affairs with an amendment, to strike out all after the enacting clause, and insert: That the Secretary of the Interlor is au- thorized and directed to sell, under existing regulations, the homestead and other land of James Brown, Crow allottee numbered 3097, described as lots 1, 2, 3, and 4 in sec- tion 3, and lots 1, 2, and 8 and the southeast quarter of the northwest quarter of section 4, all located in township 6 south, range 30 east, Montana principal meridian, containing three hundred and nineteen and thirty-two one-hundredths acres, conveyance to be made by the issuance of a patent in fee to the purchaser, and to distribute the pro- ceeds of such sale under existing regulations to James Brown. Sec. 2. (a) The lands herein described shall not be sold after the date of enactment of this Act to any purchaser, other than the Crow Tribe or a member thereof, unless (1) at least sixty days prior to such sale the superintendent of the Crow Agency shall have been served with notice of the terms thereof and such notice, together with a de- scription of the lands and an offer by the owner thereof to sell such lands upon the terms specified in such notice to the Crow Tribe or any member thereof, shall have been posted in a conspicuous public place at such agency, and (2) prior to the expiration of such sixty days no bona fide offer in writing to purchase such land upon the terms speci- fled in such notice, or upon terms more favorable to the owner’ shall have been made by the Crow Tribe or any member thereof and a copy thereof served upon the Super- intendent of the Crow Agency. (b) A certificate of the Superintendent of the Crow Agency stating that notice of the proposed sale was given and was posted for a period of sixty days in accordance with the provisions of clause (1) of subsection (a) and that no offer was received in accordance with clause (2) of such subsection shall, when filed and recorded in the office of the county clerk and recorder of the county in which such lands are situated, be conclusive evidence of compliance with this section. The Superintendent shall furnish the certifi- cate to the purchaser for filing and recording. The amendment was agreed to. The bill was ordered to be engrossed for a third reading, read the third time, and passed, The title was amended so as to read: “A bill to authorize the sale of lands al- lotted to James Brown on the Crow Res- ervation, Mont.” BILL PASSED OVER The bill (H. R. 8083) to amend the Export-Import Bank Act of 1945, as amended (59 Stat. 526, 666; 61 Stat. 130), 11049 to vest in the Export-Import Bank of Washington the power to guarantee United States investments abroad, was announced as next in order. Mr. HENDRICKSON. Over, The PRESIDING OFFICER. The bill will be passed over. CONVEYANCE OF LAND TO STATE OF RHODE ISLAND The bill (H. R. 5628) to direct the Sec- retary of the Army to convey certain land to the State of Rhode Island was considered, ordered to a third reading, read the third time, and passed. CORNELIS RUHTENBERG The bill (S. 459) for the relief of Cor- nelis Ruhtenberg, also known as Cor- nelis Ruhtenberg Helmsing, was con- sidered, ordered to be engrossed for a third reading, read the third time, and passed, as follows: Be it enacted, etc., That the Attorney Gen- eral is authorized and directed to discon- tinue any deportation proceedings and to cancel any outstanding order and warrant of deportation, warrant of arrest, and bond, which may have been issued in the case of Cornelis Ruhtenberg, also known as Cornelis Ruhtenberg Helmsing, of Colorado Springs, Colo. From and after the date of enact- ment of this Act, the said Cornelis Ruhten- berg shall not again be subject to deporta- tion by reason of the same facts upon which any such deportation proceedings were com- menced or any such warrants and order have issued. Src. 2. In the administration of the immi- gration and naturalization laws, the said Cornelis Ruhtenberg, who entered the United States from Mexico on a temporary visa, shal) be considered as having been lawfully ad- mitted to the United States for permanent residence as of the date of her last entry into the United States, on payment of the required visa fee and head tax, Sec. 8. Upon enactment of this Act, the Secretary of State is authorized and directed to instruct the proper quota-control officer to deduct one number from the nonpref- erence category of the proper immigration quote. CLARA SOGOR The bill (S. 918) for the relief of Clara Sogor was considered, ordered to be en- grossed for a third reading, read the third time, and passed, as follows: Be it enactcd, etc., That in the administra- tion of the immigration and naturalization laws, Clara Sogor (A6707901), who was ad- mitted into the United States on a temporary visa, shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of her Inst entry into the United States, upon the payment by her of the required head tax and visa fee. 8c, 2. The Secretary of State is authorized and directed to instruct the proper quota- control officer to deduct one number from the nonpreference category of the proper immi- gration quota. OREDIT FOR TIME SERVED IN A FEDERAL PENAL INSTITUTION UNDER AN IL- LEGAL CONVICTION OR SENTENCE The bill (8. 946) to permit credit, for purposes of parole, for time served in a Federal penal institution under an il- legal conviction or sentence in the case of a person who is subsequently legally convicted and sentenced for the same offense was alnounced as next in order,