MONDAY, MAY 28, 1962 (Legislative day of Friday, May 25, 1962) Mrs. MAURINE B. NEUBERGER, from the State of Oregon, called the Senate to order at 10:30 o'clock a.m., and the Chaplain offered prayer. APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE The Secretary read the following communication from the President pro tempore: U.S. SENATE, PRESIDENT PRO TEMPORE, Washington, D.C., May 26, 1962. To the Senate: Being temporarily absent from the Senate, I appoint Hon. MAURINE B. NEUBERGER, a Senator from the State of Oregon, to perform the duties of the Chair during my absence. CARL HAYDEN, President pro tempore. Mrs. NEUBERGER thereupon took the chair. THE JOURNAL On motion by Mr. MANSFIELD, and by unanimous consent, The Journal of the proceedings of Friday, May 25, 1962, was approved. STANDBY AUTHORITY TO ACCELERATE PUBLIC WORKS PROGRAMS The Senate resumed consideration of the bill (S. 2965) to provide standby authority to accelerate public works programs of the Federal Government and State and local public bodies. The question being on agreeing to the amendments proposed by Mr. KERR (for himself and others), striking out certain words in the bill and inserting other words, Mr. MANSFIELD raised a question as to the presence of a quorum; Whereupon Mr. HARTKE, Mr. HAYDEN, Mr. HUMPHREY, A quorum being present, On motion by Mr. ROBERTSON to amend the bill by striking out all on line 21, page 13, down to and including line 14, on page 15, Pending debate, On motion by Mr. WILLIAMS of Delaware, The yeas and nays, being desired by one-fifth of the Senators present, were ordered on the question of agreeing to the amendment. MESSAGE FROM THE HOUSE A message from the House of Representatives, by Mr. Bartlett, one of its clerks: Mr. President: The House of Representatives has disagreed to the amendments of the Senate to the bill (H.R. 11038) making supplemental appropriations for the fiscal year ending June 30, 1962, and for other purposes; it agrees to the conference asked by the Senate on the disagreeing votes of the two Houses thereon, and has appointed Mr. THOMAS, Mr. KIRWAN, Mr. CANNON, Mr. JENSEN, and Mr. TABER, managers at the same on the part of the House. The Speaker of the House having signed two enrolled bills, viz, S. 2132 and H.R. 1348, and one enrolled joint resolution, viz, Senate Joint Resolution 151, I am directed to bring the same to the Senate for the signature of its President. ENROLLED BILLS AND JOINT RESOLUTION SIGNED The Secretary reported that he had examined and found truly enrolled the following bills and joint resolution: S. 2132. An act to approve the revised June 1957 reclassification of land of the Fort Shaw division of the Sun River project, Montana, and to authorize the modification of the repayment contract with Fort Shaw Irrigation District; H.R. 1348. An act for the relief of William Burnice Joyner; and S.J. Res. 151. Joint resolution permitting the Secretary of the Interior to continue to deliver water to lands in the third division, Riverton Federal reclamation project, Wyoming. The ACTING PRESIDENT pro tempore thereupon signed the same. USE OF STORAGE DEWARS AT U.S. AIR FORCE PLANT NO. 74, WEST PALM BEACH, FLA. The ACTING PRESIDENT pro tempore laid before the Senate a communication from the Administrator of the National Aeronautics and Space Administration, transmitting, pursuant to law, a report on the proposed use of $750,000 to provide additional hydrogen, oxygen, and nitrogen storage Dewars at U.S. Air Force plant No. 74, West Palm Beach, Fla.; which was referred to the Committee on Aeronautical and Space Sciences. MUTUAL AID PLAN FOR FIRE PROTECTION BY DISTRICT OF COLUMBIA, MARYLAND, AND VIRGINIA COMMUNITIES The ACTING PRESIDENT pro tempore laid before the Senate a communication from the President of the Board of Commissioners of the District of Columbia, transmitting a draft of proposed legislation to provid for a mutualaid program for fire protection by and for the District of Columbia and certain adjacent communities in Maryland and Virginia; which, with the accompanying paper, was referred to the Committee on the District of Columbia. REPORT ON ARMY EQUIPMENT FURNISHED UNDER THE MILITARY ASSISTANCE PROGRAM FOR TAIWAN The ACTING PRESIDENT pro tempore laid before the Senate a communication from the Comptroller General of the United States, transmitting, pursuant to law, a classified report (No. B125087) on the review of the maintenance and supply support of army equipment furnished under the military assistance program for Taiwan; which, with the accompanying report, was referred to the Committee on Government Operations. REPORT OF REVIEW OF REPAIR PARTS FOR ORDNANCE TANK-AUTOMOTIVE VEHICLES OF THE 8TH U.S. ARMY, KOREA The ACTING PRESIDENT pro tempore laid before the Senate a communication from the Comptroller General of the United States, transmitting, pursuant to law, a classified report (No. B132990) on a review of repair parts supply for ordnance tank-automotive vehicles of the 8th U.S. Army, Korea; which, with the accompanying report, was referred to the Committee on Government Operations. REPORT ON REVIEW OF BW-1 TERRIER MISSILES BY DEPARTMENT OF THE NAVY The ACTING PRESIDENT pro tempore laid before the Senate a communication from the Comptroller General of the United States, transmitting, pursuant to law, a classified report (No. B-146725) on the review of the procurement of BW-1 Terrier missiles by the Department of the Navy; which, with the accompanying report, was referred to the Committee on Government Operations. AMENDMENT OF IMMIGRATION AND The ACTING PRESIDENT pro tempore laid before the Senate a communication from the Attorney General, transmitting a draft of proposed legislation to amend section 249 of the Immigration and Nationality Act; which, with the accompanying paper, was referred to the Committee on the Judiciary. DEFINITION OF TERM "CHILD" FOR LUMPSUM PAYMENT UNDER CIVIL SERVICE The ACTING PRESIDENT pro tempore laid before the Senate a communication from the Chairman of the U.S. Civil Service Commission, transmitting a draft of proposed legislation to define the term "child" for lump-sum-payment purposes under the Civil Service Retirement Act; which, with the accompanying paper, was referred to the Committee on Post Office and Civil Service. CONSTRUCTION OF THE INTER-AMERICAN HIGHWAY The ACTING PRESIDENT pro tempore laid before the Senate a communication from the Under Secretary of Commerce, transmitting a draft of proposed legislation to authorize the appropriation of adequate funds to provide for the completion of the construction of the Inter-American Highway: which, with the accompanying paper, was referred to the Committee on Public Works. PETITIONS AND MEMORIALS The ACTING PRESIDENT pro tempore laid before the Senate the following petitions, etc., which were referred as indicated: Memorials of commissioners' court and the Democratic Party of Dewitt County, Tex., remonstrating against any proposal to reduce the size of the National Guard; to the Committee on Armed Services. A memorial of the commissioners' court of Bexar County, Tex., remonstrating against the proposed transfer of the Air Radar Traffic Control Center from San Antonio to Houston, Tex.; to the Committee on Commerce. A memorial of the American Academy of Orthopedic Surgeons, in convention at Chicago, Ill., remonstrating against the medical care proposals in the bill H.R. 4222; to the Committee on Finance. A memorial of the city of Norwalk, Calif., remonstrating against any proposed amendment to the Constitution of the United States which would have the effect of a Federal tax on State and local bonds; to the Committee on the Judiciary. The ACTING PRESIDENT pro tempore laid before the Senate the following resolutions; which were ordered to lie on the table: A resolution of the Department of Oregon Woman's Relief Corps Auxiliary of the Grand Army of the Republic, Portland, Oreg., favoring the passage of S. 2250, to incorporate the National Woman's Relief Corps; and A resolution by the Democrats of DeWitt County, Tex., commending Senator YARBOROUGH and the administration in the reversal of the economic recession, the halting of wage-price spiral, the accomplishments of the Peace Corps, and other programs of the present administration. gether with a letter from the Chief of Engineers, Department of the Army, transmitting a review of a report on the French Creek Basin, Pa.; which, with the accompanying papers, was referred to the Committee on Public Works and ordered to be printed, with illustrations. REPORT OF COMMITTEE ON FOREIGN Mr. MANSFIELD (for Mr. FULBRIGHT), from the Committee on Foreign Relations, to whom was referred the bill (S. 2996) to amend further the Foreign Assistance Act of 1961 as amended, and for other purposes, reported it with amendments and submitted a report (No. 1535) thereon. INTRODUCTION OF BILLS AND A JOINT RESOLUTION Bills and a joint resolution were introduced by unanimous consent, severally read the first and second times, and referred as follows: By Mr. SMATHERS: S. 3351. A bill conferring jurisdiction upon the U.S. Court of Claims to hear, determine, and render judgment upon the claim of John J. Bailey, of Orlando, Fla.; to the Committee on the Judiciary. By Mr. WILLIAMS of Delaware: S. 3352. A bill to amend the act of August 24, 1935, in order to provide that payment of Federal taxes withheld from wages of employees be secured by performance bonds required by such act; to the Committee on Finance. By Mr. SMATHERS: S. 3353. A bill to authorize the Secretary of the Navy to enroll Carl Henrik Brodin in the Naval Reserve Officers' Training Corps; to the Committee on Training Corps; to the Committee on Armed Services. By Mr. KEPAUVER: S. 3354. A bill for the relief of the National Police Gazette Corp.; to the Committee on the Judiciary. By Mr. SCOTT: S. 3355. A bill to prevent the use of stopwatches, work measurement programs or other performance standards operations as measuring devices in the postal service; to the Committee on Post Office and Civil Service. By Mr. HAYDEN (by request): S. 3356. A bill to provide for the maintenance and repair of Government improvements under concession contracts entered into pursuant to the act of August 25, 1916 (39 Stat. 535), as amended, and for other purposes; to the Committee on Interior and Insular Affairs. By Mr. ROBERTSON (by request': S. 3357. A bill to amend section 3552 of the Revised Statutes, as amended, to provide that the proceeds from the distribution and sale of uncirculated coins shall be reimbursed to the appropriation from which the expenses of manufacture and distribution were paid; to the Committee on Banking and Currency. By Mr. BIBLE (by request): S. 3358. A bill to permit investment of S. 3359. A bill to authorize the Commissioners of the District of Columbia to lease certain public space under and in the vicinity of 10th Street SW., for public parking; to the Committee on the District of Columbia. By Mr. ANDERSON (for himself and Mr. SALTONSTALL): S.J. Res. 192. Joint resolution providing for the filling of a vacancy in the Board of Regents of the Smithsonian Institution, of the class other than Members of Congress; to the Committee on Rules and Administration. STANDBY AUTHORITY TO ACCELERATE PUBLIC WORKS PROGRAMS The Senate resumed consideration of the bill (S. 2965) to provide standby authority to accelerate public works programs of the Federal Government and State and local public bodies The question being on agreeing to the amendment proposed by Mr. ROBERTSON on page 13, line 21. After debate, The question being taken on agreeing to the amendment proposed by Mr. RosERTSON, Víz, on page 13, strike out all on line 21 down to and including line 14. page 15, as follows: "'APPROPRIATIONS AND INTERIM FINANCING "SEC. 10. (a) There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. "b In order to expedite financing activities under this Act, the President may, during the existence of the public works acceleration period, cause the unobligated balances of authorizations to expend from public debt receipts avail able for the Housing and Home Finance Agency, for loans to the Federal Savings and Loan Insurance Corporation, for loans to the Federal Deposit Insurance Corporation, for the purchase of obligations issued by the Federal home loan banks, and for payment of the subscription of the United States to the International Bank for Reconstruction and Development, which are estimated to be in excess of the amount needed in the current fiscal year for obligation or expenditure for the purposes for which they were made available (but not the balances of trust funds), to be transferred to the appropriate accounts of any such agency or other department or agency in such amounts and at such times as he may may deem appropriate and, notwithstanding the provisions of any other law, such transferred balances may be used for the purposes of this Act: Provided. That there are hereby authorized to be appropriated such amounts as may be required to restore such transferred balances not otherwise restored to the sources of funds from which they were derived: And provided further, That the aggregate amount of such unobligated balances transferred during such public works acceleration period shall not exceed (1) $750,000,000 for the purpose of financing projects authorized to be assisted under section 4 of this Act, (11) $750,000,000 for the purpose of financing projects authorized to be assisted Dirksen Pearson Dworshak Prouty Fong Proxmire Hickenlooper Robertson Hruska Scott Byrd, Va. Javits Smith, Maine Case, N.J. Keating Thurmond Case, S. Dak. Miller Cooper So Mr. ROBERTSON'S motion was agreed to. The question recurring on agreeing to the amendments proposed by Mr. KERR (for himself and others) in various places in the bill, On motion by Mr. KERR, and by unanimous consent, Ordered, That the amendments be agreed to en bloc, except the proposed amendments to the bill on page 10, line 23; on page 15, inserting an authorization of $750 million after line 13, and on page 4, line 20. On the question of agreeing to the amendment proposed by Mr. KERR (for himself and others), striking out all on line 23, page 2, after the word "appropriated" down to and including the word "Act" on line 2, page 11, and inserting in lieu thereof other words, On motion by Mr. CASE of South Dakota, The yeas and nays, being desired by one-fifth of the Senators present, were ordered on the question of agreeing to the amendment. After debate, The question being taken on agreeing to the amendment, viz, on page 10, strike out all after the word "appropriated" on line 23, down to and including line 2, page 11, as follows: "the sum of $600,000,000 which may be allocated by the President among sections 4, 5, 6, and 7 of this Act." and insert in lieu thereof the following: to remain available until expended, the sum of $750,000,000 which may be allocated by the President among Tower Young, N. Dak. So Mr. KERR'S amendment was agreed to. On motion by Mr. KERR to reconsider the vote agreeing to his amendment, On motion by Mr. CLARK, The motion to reconsider was laid on the table. On the question of agreeing to the amendment proposed by Mr. KERR (for himself and others) inserting on page 15, after line 13, the following: Appropriations Authorized Sec. 10. (a) There is authorized to be appropriated for expenditure after June 30, 1963, to remain available until expended, the sum of $750,000,000 to carry out the provisions, other than section 8, of this Act. (b) In carrying out such provisions at least 10 per centum of any amount appropriated pursuant to subsection (a) shall be used with respect to projects and programs in redevelopment areas designated as such under the provisions of section 5(b) of the Area Redevelopment Act. On the question of agreeing to the amendment proposed by Mr. KERR (for himself and others) on page 4, striking out in line 20 the word "and" and inserting after line 21, certain words, On motion by Mr. MILLER to amend the said amendment by striking out on line 6, page 1 of the part proposed to be inserted, the numeral "5" and inserting in lieu thereof 6, After debate, The question being taken on agreeing to the amendment proposed by Mr. MILLER, It was determined in Yeas___ 21 the negative____ Nays_-_- 56 On motion by Mr. MILLER, The yeas and nays being desired by one-fifth of the Senators present. So the amendment was not agreed to. On motion of Mr. KERR to reconsider the vote disagreeing to the amendment, On motion by Mr. RANDOLPH. The motion to reconsider was laid on the table. The remaining proposed amendment by Mr. KERR (for himself and others) was then agreed to. On motion by Mr. CASE of South Dakota (for himself, Mr. COOPER, Mr. PROUTY, Mr. FONG, and Mr. BOGGS) to further amend the bill by striking out all after the enacting clause, as amended, and inserting in lieu thereof, the following: That this Act may be cited as the "Emergency Employment Public Works Act of 1962". Findings and Purpose Sec. 2. The Congress finds that substantial unemployment and underemployment for prolonged periods of time adversely affect the revenues of the Government and the general welfare. The purpose of this Act is to stimulate the economy at such times and in such areas by providing for the acceleration of authorized Federal programs and the authorization of participation in certain small public works projects. Declaration of Areas of Severe Economic Distress Sec. 3. When the President finds that substantial unemployment in any county of the Nation (including the Commonwealth of Puerto Rico and the possessions) is causing unusual and severe economic distress, he may designate the county as an emergency unemployment area for the purpose of this Act. Upon Upon such designation the authority granted in sections 4 and 5 of this Act may be exercised within such county to carry out the purpose of this Act until the President by declaration or Congress by concurrent resolution removes such designation from such county or two years expire, whichever soonest occurs. of (1) any works of a public nature for improvement of rivers and harbors and other waterways, for navigation, flood control, irrigation, reclamation, development of hydroelectric power, or improvement of watersheds, or (2) any public buildings, including post offices, or roads or trails in, or to provide access to, national parks, national forests, Federal reservations, Indian reservations, or public recreation areas, or on the public domain, may obligate an amount equal to 10 per centum of the total such appropriations to such department or agency for each such year for the construction (including reconstruction and additions) in areas designated by the President under section 3 of this Act of any such works, buildings, roads, or trails which is authorized by law and which will promote the purpose of this Act. Amounts authorized to be obligated under the provisions of this section shall remain available for obligation without fiscal year limitation and shall be in addition to fiscal year appropriations to such department or agency. (b) Not more than 20 per centum of the total cost of any construction project may be paid for under the authorization in this section. Assistance to Certain Small Public Sec. 5. (a) The head of any department or independent agency of the Government which is authorized by law to make grants or loans to assist in financing any small public works project (as defined in subsection (d) of this section) may make such grants or loans, to the extent of funds appropriated to such department or agency under subsection (c), for the initiation or acceleration of any such small public works project which will promote the purpose of this Act in areas designated by the President under section 3 of this Act. Grants and loans made under the authority of this section shall be in accordance with the terms and conditions of other laws with respect to such grants or loans, except that (1) any requirements in other laws with respect to the apportionment of funds, the time in which grants or loans may be made, or the aggregate dollar amounts of any grant or loan for any particular project or part thereof, shall not apply, and (2) if it is determined in accordance with regulations to be established by the President that the area does not have the economic and financial capacity to assume all of the additional financial obligations required, the provisions in other laws limiting the amount of such grant to a portion of the cost of the project shall not apply but the recipient of the grant shall be required to bear such portion of such cost as it is able to and at least 10 per centum thereof. (b) Not more than $500,000 may be obligated for grants and loans under the provisions of this section for each small public works project. (c) There is authorized to be appropriated to carry out the provisions of this section $250,000,000 for grants and $250,000,000 for loans. (d) For the purpose of this section the term "small public works project" means the construction, repair, or improvement of public roads on the Federal-aid secondary system (including eztensions into into urban areas), public streets, sidewalks incident to street or highway construction, roadside areas, parkways, access roads to recreational areas, bridges, and airports; public parks, public school and other public recreational facilities; public or nonprofit hospitals, public rehabilitation and health centers, and other public or nonprofit health facilities; public refuse, garbage, water, sewage, and sanitary facilities; civil defense facilities; public police and fire protection facilities; public educational facilities, prisons, training schools, youth correctional facilities, laboratories, and other public buildings; and public land, water, timber, fish and wildlife, and other conservation facilities and measures, including small watershed projects. So the amendment was not agreed to. On motion by Mr. KERR to reconsider the vote disagreeing to the amendment, On motion by Mr. CLARK, The motion to reconsider was laid on the table. The bill was further amended on the motion of Mr. PROUTY. On motion by Mr. CoOPER (for himself, Mr. BOGGS, and Mr. FONG) to further amend the bill by striking out all after the enacting clause, as amended, and inserting in lieu thereof the following: That this Act may be cited as the "Emergency Public Works Act of 1962". Findings Sec. 2. The Congress finds that (1) certain communities and areas of the Nation are presently burdened by substantial unemployment and underemployment and (2) action by the Federal Government is necessary to provide immediate useful work for the unemployed and underemployed in these communities. It is the intent and purpose of the Congress to provide for an immediate program of assistance for public works in those areas. General Authorization Sec. 3. (a) The Housing and Home Finance Administrator (hereinafter referred to as the Administrator), may exercise the authority provided in this Act in areas currently designated by the Secretary of Labor as having been areas of substantial unemployment in each of at least nine of the twelve immediately preceding months, and in areas currently designated as "redevelopment areas" pursuant to the Area Redevelopment Act. (b) The Administrator shall prescribe rules, regulations, and procedures which will assure that adequate consideration is given to the relative needs of the areas eligible for assistance. In prescribing such rules, regulations, and procedures, the Administrator shall consider among other relevant factors: (1) the severity of the rates of unemployment in eligible areas and the duration of such unemployment, and (2) the income levels of families and the extent of underemployment in eligible areas. (c) In the case of those projects or programs which qualify under stand ards established by the Administrator applying uniformly to all similar areas, if the Administrator determines that an area suffering unusual economic distress (because of a sustained extremely severe rate of unemployment or an extremely low level of family income and severe underemployment) does not have economic and financial capacity to assume all of the additional financial obligations required, a grant otherwise authorized pursuant to this Act for a project or program in such area may be made without regard to any provision of law limiting the amount of such grant to a fixed portion of the cost of the project or program, but the recipient of the grant shall be required to bear such portion of such cost as it is able to and in any event at least 10 per centum thereof. Grants for public works projects not eli gible under existing programs Sec. 4. (a) For the purpose of this Act, the Administrator, or such agency or officer of the Federal Government as he may designate, is authorized, upon application and under such rules and regulations as he shall prescribe, to make grants from funds appropriated pursuant to section 7 to States and local public bodies to finance the initiation or acceleration of public works projects and programs which are not eligible for grants under other Acts of Congress. (b) The amount of any grant made under the authority of this section shall not exceed 50 per centum of the cost of undertaking and completing the project or program for which the grant is made. Federal loans Sec. 5. (a) For the purpose of this Act, the Administrator, or such agency or officer of the Federal Government as he may designate, is authorized, upon application and under such rules and regulations as he shall prescribe, to use funds appropriated pursuant to section 7 to purchase the securities and obligations of, or make loans to, States and local public bodies which otherwise would be unable to meet their share of the cost of projects and programs for which grants have been authorized pursuant to section 4 of this Act. (b) All securities and obligations purchased and all loans made under this section shall be of such sound value or so secured as reasonably to assure retirement or repayment, and such loans may be made either directly or in cooperation with banks or other financial institutions through agreements to participate or by the purchase of participations or otherwise. (c) No securities or obligations shall be purchased and no loans shall be made including renewals or extensions thereof which have maturity dates in excess of forty years. (d) Financial assistance extended under this section shall bear interest at a rate determined by the Administrator which shall be not more than the higher of (1) 3 per centum per annum, or (2) the total of one-half of 1 per centum per annum added to the rate of interest required to be paid on funds obtained for the purposes of this section as determined by the Secretary of the Treasury as provided under subsection (e) of this section. (e) Funds used for the purpose of this section shall bear interest at a rate determined by the Secretary of the Treasury which shall be not more than the higher of (1) 21⁄2 per centum per annum, or (2) the average annual interest rate on all interest-bearing obligations of the United States then forming a part of the public debt as computed at the end of the preceding fiscal year and adjusted to the nearest oneeighth of 1 per centum. Restrictions and limitations Sec. 6. The authority conferred by this Act shall be subject to the following restrictions and limitations: (1) No financial assistance shall be made with respect to any project or program unless the project or segment of work, to be assisted under this Act (A) can be initiated or accelerated within a reasonably short period of time; (B) will meet an essential public need; (C) if initiated hereunder, can be completed within eighteen months after initiation, but not later than twenty-seven months after the date of enactment of this Act; (D) will contribute significantly to the reduction of unemployment; and (E) is not inconsistent with locally approved comprehensive plans for the jurisdiction affected, wherever such plans exist. (2) Not more than 122 per centum of the funds provided for projects and programs pursuant to this Act shall be made available within any one State. (3) The Administrator shall prescribe such rules, regulations, and procedures as will assure that no assistance under this Act shall be made available to any State or local public body unless the project or program for which the assistance is granted produces a net increase in the expenditures of such State or local public body for public works projects approximately equal to the nonFederal contribution to the project or program. Appropriations authorized Sec. 7. There is hereby authorized to be appropriated the sum of $750,000,000 to carry out the provisions of this Act. Advances for public works planning Sec. 8. Section 702 of the Housing Act of 1954 is amended by striking out in subsection (3) "July 1, 1961;" and the remainder of the subsection, and inserting in lieu thereof, "July 1, 1961;" and such additional sums which may be made available from year to year thereafter. Labor standards Sec. 9. All laborers and mechanics employed by contractors or subcontractors on projects and programs assisted under 72100-S J-87-2-19 |