Page images

tions other than the District of Columbia. conducted subject to other comparable

Language changes The reason is twofold: First, only in the Dis- means of verification.

Title I as contained in the instant bill is trict of Columbia do the Federal courts have In addition to protecting the rights of the similar to title I of H.R. 7525 which bill this broad jurisdiction over crimes of violence accused, the amendments to title I of H.R. committee reported to the Senate during the which characteristically lack eyewitnesses 5688, made by the committee aid the police

5688, made by the committee aid the police 2d session of the 88th Congress. The lanand independent evidence.

by making clear exactly what they must do guage of such title as contained in H.R. 7525 "It is quite common in cases of homicide, when interrogating a defendant and the was proposed to this committee in the 88th yoke, robberies, rape, and certain other maximum aggregate period of time they have Congress by the Department of Justice and crimes that there is no third eyewitness, and within which to conduct such interrogation. the Office of the U.S. Attorney for the Disit is often difficult for the complaining wit

Detailed analysis

trict of Columbia as an appropriate legislaness to make an identification. Of course, in

tive measure to effectively modify the Mallory homicides there is no complaining witness.

Section 103 (3) of title I of the committee's Thus, in such cases, confessions assume far

rule in the District of Columbia. bill places a 3-hour aggregate time period as

The differences between title I of H.R. 7525, greater significance as evidence of guilt, and the limit for questioning an arrested person

as amended, and title I of H.R. 5688, as reit becomes important to defendants to have during an investigation following arrest and

ported by this committee are essentially two their confessions excluded in the courts of

before appearance of the accused before a the District of Columbia. Second, by con

and relate (1) to the period of time that magistrate. The committee's purpose in

police officers can hold a defendant for questrast, most Federal criminal cases in other placing a 3-hour limit on questioning, in

tioning following arrest; and (2) the inserjurisdictions involve frauds, mail thefts, nartitle I, is designed to give law enforcement

tion in the instant bill of an affirmative duty cotic violations, and the like, where there is officers and judges a workable rule of thumb

on the defendant to ask for the opportunity substantial evidence apart from a confession; by which oppressive practices can be avoided,

of consulting with counsel and also of notifyi.e., contraband property, financial records, both as a matter of policy and within proper

ing a friend or relative once he has been adtax returns, et cetera. constitutional limits. The committee does

vised of these rights by police officers. “Therefore, it is reasonable to consider the

not envision the questioning of an accused, problems in the District of Columbia as being in the practical sense, would be consecutive

Justice Department's views rather unique with respect to the Mallory

and continuous. Instead, it would be inter- On April 27, 1965, the Honorable Ramsey rule and deserving of congressional consid

mittent as necessitated by the requirements Clark, Deputy Attorney General of the United eration in legislation limited to its applica- of an investigation being carried out by States, appeared before this committee and tion to the District of Columbia.

police officers. Accordingly, a 3-hour time presented the Department of Justice views on "In my opinion, the Mallory rule is a good period for questioning has been provided in title I of both the House and Senate crime one. Through it, the Supreme Court made

section 103(3) instead of an inflexible and bills (H.R. 5688, and S. 1526) the latter idenclear its intention to prevent law enforce

fixed maximum time period between arrest tical with H.R. 7525, as reported to the Senment officers from delaying preliminary hearand appearance before a magistrate.

ate 1 year ago by this committee. ings for the purpose of eliciting confessions.

This subsection purposely does not set At the committee hearing the Deputy AtThis is as it should be.

forth a specific amount of time for police torney General sought additional time for the "The problem which gives rise to the legis investigation but leaves that period flexible Justice Department to pursue current work lative proposal before the committee lies not

within the "unnecessary delay" limitation on the Mallory problem as it is affects law with the Mallory rule but with its application

contained in the bill. The committee rec- enforcement in the District of Columbia bein the District of Columbia.

ognizes that "unnecessary delay," in some fore making specific recommendations to the "In a number of cases in the District of

cases, has been interpreted by the courts as committee. Columbia 'unnecessary delay' has been in

a period of time so short that, in this com- The Deputy Attorney General in his testiterpreted and applied to make it virtually mittee's judgment, a fair and reasonable in- mony before the committee stated in pertiimpossible, I am informed, for investigating vestigation by the police and any question- nent part: 2

"I am convinced that our system of govofficers to speak with arrested persons with ing of an accused are altogether impossible. any assurance that resultant confessions will

It is the intention of this committee to ernment can devise procedures which will at be acceptable in the courtroom.”

clarify by title I of this bill the meaning of once permit reasonable police interrogation

the statutory term, "unnecessary delay," as of suspects while fully protecting their conAction recommended by committee

contained in rule 5(a) of the Federal Rules stitutional rights. Moreover, if this commitTitle I of H.R. 5688, as amended, recog- of Criminal Procedure and the subject for tee develops rules which meet the practicalinizes the validity of the argument that the widely varying court interpretations that too ties of modern-day, big city law enforcement, Mallory case does have special impact in the often preclude reasonable and fair investiga- and which are clear and understandable, the District of Columbia by denying to law en- tions by the police in the public interest. police can fairly be expected to assume reforcement officers the essential investigative Likewise, safeguards have been set out spe- sponsibility for their observance. Where they tool of in-custody interrogation, but it fur- cifically to rule out improper, oppressive, or fail the courts will review. ther recognizes that any legislation which abusive police practices against an accused. "For our part, we believe that our own work has as its purpose the preservation of this Particular explanation must be given sec- in this area during the past few months has valuable police tool must provide safeguards tion 103(3), title I, providing an aggregate already provided important additional inand standards which will prevent abuse of 3-hour period (without including interrup- sights. In addition to our factual inquiry, the accused.

tions) between arrest and the completion of this has included an analysis of developIt protects the rights of the accused by a confession, statement, or admission. It ments in the law since the earlier hearings providing that a statement resulting from cannot be supported that this provision is a of this committee, and we would also want an in-custody questioning of the accused may back-door method of reinstituting investi- to be sure that any proposals that we make be admitted into evidence if

gative arrest in the District of Columbia. reflect what information can be obtained (1) Immediately prior to any such ques

(See explanation under title II, "Investiga- from the recently published results of the tioning the defendant was plainly advised tive Arrest,” of this report.)

American Bar Foundation study and the curby the officers having custody of him, in addi- Arrests under title I to stand up must be rent work of the American Law Institute tion to any previous warning, that he is not made on probable cause, while investigative whose advisory committee will meet early in required to make any statement at any time or detention arrests are made only with rea- June. However, I should make it clear that and that any statement made by him may son to suspect. Thus, detention or investi- we are not urging this committee to wait for be used against him; and

gative arrests, in the judgment of this com- the final results of the American Law Insti(2) Prior to such questioning, the arrest- mittee, are clearly unconstitutional; how- tute. Thus, we would like some additional ed person was advised by the officers having ever, arrests on probable cause do meet the time to press our current work in this area custody of him that, upon request, he would constitutional test. The committee recom- further before making specific recommendabe afforded reasonable opportunity to notify

mendations do no violence to this precept. tions. We believe this will enable us to a relative or friend and consult with counsel As has been previously pointed out in this make a more constructive contribution. In of his choosing, and if such request were report, the Mallory decision's interpretation the interim, we will continue to work in made, he was, in fact, afforded such oppor- of rule 5(a) has presented special problems close collaboration then with the committee tunity; and

to law enforcement in the District of Colum- staff.” (3) The aggregate period of questioning, bia which are not common to other Federal After the Deputy Attorney General apexclusive of interruptions, does not exceed jurisdictions. Indeed, the Mallory case it. peared before the committee and presented 3 hours between the arrest and the comple- self was a District of Columbia criminal pros- the Department of Justice's recommendation, tion of the confession, admission, or state ecution for rape. This committee has the committee proceeded to hold in abeyance ment; and

therefore attempted to meet this special lo- any immediate further action on title I of the (4) Such questioning and the warning cal situation. In any criminal procedural crime bills until the American Law Institute and advice required by paragraphs (1) and statute the challenge is to strike a balance Advisory Committee could meet at Atlantic (2) of this section were whenever reason

between protecting the rights of the accused City in early June of 1965 to discuss rule ably possible, witnessed by a responsible and protecting the law-abiding citizen from 5(a) and other related provisions of criminal person who was not a law enforcement of criminal molestation. In the judgment of ficer, or transcribed verbatim, or recorded the committee, title I, as amended, meets that 2 P. 34, committee hearings, H.R. 5688 (89th by a wire, tape, or other sound recording, or


procedure. It was the committee's belief "While we cannot be certain that state- contains, would provide a valuable law enthat something beneficial to the committee ments made in compliance with this pro- forcement investigative tool. consideration of the matter might be de- cedure will be admitted in evidence by every In a statement filed with the committee veloped at this session.

judge in every case, the courts will be given at hearings on May 13, 1965, the Honorable Staff members of the committee attended the opportunity to pass upon statements SAM J. ERVIN, senior U.S. Senator from the American Law Institute advisory sessions made under such conditions and may well North Carolina and chairman of the Conin Atlantic City as observers of the proceed- find that Mallory does not require their ex- stitutional Rights Subcommittee of the U.S. ings.

clusion. Careful police implementation and Senate Committee on the Judiciary, stated : However, following the conclusion of the sound prosecutorial discretion will assure the “The Mallory rule and rule 5(a) of the advisory sessions in Atlantic City, it became development of a solid basis for legislation.” Federal Rules of Criminal Procedure are readily apparent to the committee that the

Committee favors statute

subjects which have long been of great conAmerican Law Institute was in the prelim

cern to me. It is my feeling that the crime

The committee concurs completely with inary stages of devising remedial legislation the position that the Department of Jus

rate in the District will continue to mushfor rule 5(a), and that nothing definitely tice through the Deputy Attorney Gen

room and effective law enforcement here affirmative could be expected to evolve from

will continue to be frustrated until legislaeral-has taken with regard to the detention the American Law Institute with regard to

tion such as that contained in title I is enof an accused and the appropriate postarrest the proposed modification of rule 5(a) until

acted. For this reason, I have in previous June of 1966, the date set for the annual questioning under adequate safeguards.

Congresses introduced legislation to clarify

However, the committee believes that to session of the institute in Washington, D.C.,

rule 5. The Mallory rule certainly is a facmeet its proper responsibilities the proceat which time the full matter is expected

tor influencing the crime rate for due to it, dures as proposed by the Department of Justo come before its full membership for a con

self-confessed criminals are let free by the tice, and concurred in by the U.S. attorney courts, and the police are hampered in their clusion.

for the District of Columbia, should be placed crime detection." On July 15, 1965, and following the conclusion of the advisory sessions in Atlantic law by the Congress. Therefore, the comin statutory form and enacted into positive Further, when Senator ERVIN testified be

fore this committee on October 23, 1963, he City, the committee proceeded to obtain further testimony on title I of the crime bills amended, to the Senate, has in effect, placed

mittee in favorably reporting H.R. 5688, as said: 4 from the Deputy Attorney General as well the recommended procedures advanced by as from the U.š. attorney for the District the Justice Department and concurred in by factor influencing the crime rate, the Mallory

“Although I realize this is not the only of Columbia.

the U.S. attorney for the District of Columbia In his testimony at this proceeding, the in statutory form for appropriate considera

rule certainly is a major factor, for due to Deputy Attorney General proposed as the tion by the Congress.

it self-confessed criminals are let free by recommendation of the Justice Department

the courts and the police are hampered in

The committee's belief is that its legislathat changes in rule 5(a) be implemented tive responsibility can only be properly dis

their crime detection through administrative procedures rather

charged by recommending a positive statuthan through a statute enacted by the Contory law rather than concur in lieu thereof

"I submit that when Congress approved gress. In his statement before the comwith administrative orders from the U.S. at

the promulgation of the Federal Rules of mittee, the Deputy Attorney General torney for the District of Columbia to the

Criminal Procedure, it did not intend to stated : 3 Metropolitan Police Department on the

throw on the scrapheap the time-honored “As for the problems raised by the Mallory methods to deal with arrest and investiga

test of voluntariness concerning the admisrule in the District, our further study since tion.

sibility of a confession. I submit that conyour hearing of April 27 has led us to a plan

The committee's recommendations as con

gress had no intention of making convicwhich affords an immediate opportunity for tained in title I of the instant bill represents

tions impossible simply because a police of a fairer and more effective police investiga a legislative effort to retain for persons

ficer failed to take a prisoner before a comtion and adequate protection of the rights of the suspects, while permitting the police to rights that the Mallory rule and its subsecharged with crime those essential individual mitting magistrate until 72 hours had

elapsed. develop facts and avoid a premature test of quent case law refinements have made. At

"As chairman of the Subcommittee on the constitutionality of proposed procedures. the same time the recommendation strikes a

Constitutional Rights, I am, of course, not The plan has been implemented by a letter balance point in permitting police to carry

unmindful of the many protections which of July 14, 1965, from U.S. Attorney Acheon proper and necessary questioning under

the Constitution of the United States beson to Chief Layton. Copies of this letter clearly defined limitations. It is the com

stows upon the persons accused of crimes have been provided the committee. mittee's judgment that the Mallory rule and

within our society. But, in the words of “Under this plan, after an arrest based subsequent court decisions, which

Judge Alexander Holtzoff, U.S. district judge upon probable cause and prior to the filing tightened the noose around effective law en- for the District of Columbia, who testified of a charge, a suspect may be questioned forcement, must be changed.

at subcommittee hearings on the subject of concerning his knowledge of a crime. As a

This recommendation is limited to apply

confessions and police detention, in 1958: prerequisite to questioning he must be clear

only to the District of Columbia where vio- 'We must bear in mind that the purpose iy advised that he need not answer any lent crimes fall within the trial and appeal

of the criminal law is to protect the public. question; that any statement given may be jurisdiction of the Federal judiciary and

On the one hand, it is essential that no inused against him; that he may consult coun

limitations of the Federal Rules of Criminal nocent person be convicted of a crime and sel, a relative, or a friend; and that if he is charged and cannot afford a lawyer the court many ways, the committee believes law enProcedure. Since the District is unique in that oppressive methods be not used against

the guilty. On the other hand, it is equally will appoint one for him. Police officers are

forcement must be dealt with uniquely in indispensable that victims of a crime and tion, and circumstances of all questioning. with clear-cut procedural guidelines so as instructed to keep records of the time, dura- providing the District courts and the police potential victims of possible future crimes

receive protection. The victim must not beQuestioning will be sound recorded or other

not to do harm to persons accused of crimes come a forgotten man. As was said by Justwise preserved where possible, and steps will

and at the same time provide protection not ice Cardozo in Snyder v. Massachusetts (291 be taken to improve technology in this area.

now being given to the law-abiding general U.S. 97, 122), “Justice, though due the acAny questioning will be of limited duration public.

cused, is due to the accuser also. The conand should not exceed 3 hours in total. It

What Congress approved by the language cept of fairness must not be strained till it will not, of course, be coercive or oppressive of rule 5 of the Federal Rules of Criminal is narrowed to a filament. We are to keep in manner, and will be avoided where it does Procedure, Congress can now disapprove by the balance true”.!” 5 not advance the investigation of crime.

statutory enactment for the District where Section-by-section analysis of title I "The arraignment of suspects who are the court interpretations of Mallory are felt charged after arrest will not be delayed ex- more keenly than in any other Federal juris- ing

law with respect to the admissibility of in

Section 101 is a brief restatement of existcept in unusual circumstances. Commit

diction. ting magistrates have arraigned at 10 a.m.

It is not contended that legislative en

criminating statements made by an accused. on weekdays in the District for decades, actment to alter the severe application of nothing in this title is intended to prevent

The committee wishes to make clear that This is typical of most jurisdictions. Any the Mallory rule alone will curb the crime questioning of a suspect will be done, and the rate which has risen steadily since that

the trial courts of the District of Columbia decision whether and what to charge will be Supreme Court decision in 1957. The De

from determining the voluntariness of any made, between the time of arrest and the partment of Justice, the U.S. Attorney, police

incriminating statement made by an accused time next available for arraignment except officials, a respected member of the U.S.

in accordance with established principles of when the time and circumstances make this district court, the District of Columbia

law. unfair or inadequate. Council on Law Enforcement, and members

Section 102 restates existing law and ex"In no event will questioning cause 'an

of the bar have testified at various times cludes statements made by an accused after unreasonable delay' in presentment to a before this committee that a change in the

a period of unnecessary delay and prior to an committing magistrate.

Mallory doctrine should provide assistance appearance before a U.S. commissioner.

in combating crime. 3 Committee hearings, July 15, 1965, H.R. Certainly, proper interrogation free of *P. 353, hearings, H.R. 5688 (89th Cong.). 5688 (89th Cong.).

abuse and with the guidelines this title 6P. 355, hearings, H.R. 7525 (88th Cong.).

Section 103 provides that under section 102 The real issue in the bill was con- REPORT ON RECONSTRUCTION FINANCE CORof this title delay alone shall not cause the tained in title I, the portion dealing with

PORATION LIQUIDATION FUND exclusion of any statement obtained by in the so-called Mallory rule. A number of

A letter from the Administrator, General terrogation of the accused if (1) the accused Senators directed apt and incisive re

Services Administration, Washington, D.C., was warned that he need not make a state

The dis

transmitting, pursuant to law, a report on ment and was told that any statement made marks toward this problem.

the Reconstruction Finance Corporation Liqcould be used against him; and (2) prior to tinguished junior Senator from Mary

uidation Fund, as of June 30, 1965 (with an any questioning, the arrested person was ad- land (Mr. TYDINGS) and the distin

accompanying report); to the Committee on vised by the officers having custody of him guished junior Senator from New York Banking and Currency. that upon request he would be afforded

[Mr. KENNEDY] forcefully presented and reasonable opportunity to notify a relative or

IMPROVEMENT AND CLARIFICATION OF CERTAIN argued for their amendment to title I,

LAWS OF THE COAST GUARD friend and consult with counsel of his choosing and if such request were made, he was, and the ever-able senior Senator from

A letter from the Acting Secretary of the in fact, afforded such opportunity; and (3) Oregon [Mr. MORSE), the junior Senator

Treasury, transmitting a draft of proposed the aggregate period of questioning, exclusive from New Hampshire [Mr. MCINTYRE), legislation to improve and clarify certain laws of interruptions, does not exceed 3 hours, be- the junior Senator from Vermont [Mr. of the Coast Guard (with accompanying tween the arrest and the completion of the PROUTY], and the junior Senator from papers); to the Committee on Commerce. confession, admission, or statement; and (4) Colorado [Mr. DOMINICK], all members REGULATION OF DEPRECIATION ACCOUNTING OF all of these warnings and any questioning of the District of Columbia Committee,

AIR CARRIERS of the accused were witnessed by a third party or transcribed or recorded verbatim. ably and articulately expressed their A letter from the Vice Chairman, Civil

Aeronautics Board, Washington, D.C., transThe aggregate 3-hour time limitation in views on the issue. this bill, rather than a fixed time period, was

All of the participants in the debate

mitting a draft of proposed legislation to

amend the Federal Aviation Act of 1958 so as included in the bill in order to provide police on this piece of legislation deserve hearty

to authorize the Civil Aeronautics Board to officers flexibility in their questioning during thanks and congratulations for the skillthe course of the investigation.

regulate the depreciation accounting of air ful treatment which this body has given

carriers (with accompanying papers); to the Section 103(1) is intended to require a this significant measure.

Committee on Commerce, warning at the station house even though a warning had been initially given on the scene

CLARIFICATION OF POWERS OF CIVIL of arrest. It should be clear that this proTRANSACTION OF ROUTINE

AERONAUTICS BOARD vision does not make it necessary for the


A letter from the Vice Chairman, Civil police to reassert this warning after every

Aeronautics Board, Washington, D.C., transinterruption of their course of investigation By unanimous consent, the following mitting a draft of proposed legislation to at the station house. routine business was transacted:

amend the Federal Aviation Act of 1958 so as The intention of section 103(2) is to re

to clarify the powers of the Civil Aeronautics quire the police to advise the accused that he

Board in respect of consolidation of certain may request of them the opportunity to ad- EXECUTIVE COMMUNICATIONS, proceedings (with accompanying papers); to vise a friend or relative of his arrest and that


the Committee on Commerce. he may request the opportunity to consult

The PRESIDENT pro tempore laid be

AMENDMENT OF DISTRICT OF with counsel. However, this section shall


TEACHERS' SALARY ACT OF 1955 not be constructed as a requirement that this fore the Senate the following letters, advice be given the accused at the place of which were referred as indicated:

A letter from the President, Board of Comarrest or en route to the station house.

missioners, District of Columbia, transmitting

REPORT ON TRANSFER OF RESEARCH AND Section 103 (4) is not meant to require that

a draft of proposed legislation to amend the

DEVELOPMENT FUNDS good investigative practice be changed to

District of Columbia Teachers' Salary Act of conform to the present technology of sound

A letter from the Administrator, National 1955, as amended (with an accompanying recording. The intention of the committee Aeronautics and Space Administration, paper); to the Committee on the District of is rather to encourage experimentation with Washington, D.C., reporting, pursuant to law, Columbia. reliable means of verification and to require on the transfer of research and development PAYMENT OF AN ALLOWANCE TO CERTAIN EMuse of verification means during investiga- funds for the construction of a Delta Opera

PLOYEES ASSIGNED TO DUTY AT THE NEVADA tions where present technology and the cirtions Building at the Western Test Range

TEST SITE OF THE ATOMIC ENERGY COMcumstances of the case permit. (with an accompanying paper); to the Com

MISSION Section 104 requires the trial judge who mittee on Aeronautical and Space Sciences.

A letter from the Chairman, U.S. Atomic admits any statement in evidence pursuant REPORT ON REAPPORTIONMENT OF AN Energy Commission, Washington, D.C., transto section 103 of this title to make findings


mitting a draft of proposed legislation to auof fact concerning the existence of the con

A letter from the Acting Director, Bureau thorize the payment of an allowance of not ditions set out in section 103. This will

of the Budget, Executive Office of the Presi- to exceed $10 per day to employees assigned establisin the necessary record for any sub- dent, reporting, pursuant to law, that the to duty at the Nevada Test Site of the U.S. sequent appeal taken by the accused from the

appropriation to the Treasury Department Atomic Energy Commission (with accomdecision of the judge to admit any statement for "Salaries and expenses, Bureau of the panying papers); to the Committee on Govunder this section.

Mint,” for the fiscal year 1966, had been ap- ernment Operations.
Section 105 authorizes and directs the portioned on a basis which indicates the ne-
Commissioners of the District of Columbia to

REPORT OF ACTING COMPTROLLER GENERAL cessity for a supplemental estimate of appropromulgate regulations including necessary priation; to the Committee on Appropri

A letter from the Acting Comptroller Gendisciplinary measures to assure that police ations.

eral of the United States, transmitting, purofficers comply with requirements of law set

suant to law, a report on procurement of out in this title and with the regulations


aircraft engine cylinder assemblies without made pursuant to it.

A letter from the Director, Central Intelli- consideration of actual usage experience, De

gence Agency, Washington, D.C., transmit- partment of the Navy, dated August 1965 Mr. MANSFIELD. Mr. President, in- ting a draft of proposed legislation to amend (with an accompanying report); to the Comcreasing attention has been directed to the National Security Act to repeal the pro- mittee on Government Operations. the problem of the rise in the crime rate visions dealing with the compensation of DISPOSITION OF FUNDS APPROPRIATED TO PAY across our Nation and in the District consultants, and for other purposes (with

A JUDGMENT IN FAVOR OF THE NOOKSACK of Columbia—this city over which we in accompanying papers); to the Committee on

TRIBE OF INDIANS the Congress have a very direct and Armed Services.

A letter from the Assistant Secretary of the primary responsibility. It is toward a TRANSFER OF COPPER FROM THE NATIONAL Interior, transmitting a draft of proposed solution of this problem that the very


legislation to provide for the disposition of important legislation just passed by this A letter from the Administrator, General funds appropriated to pay a judgment in body—the District of Columbia crime Services Administration, Washington, D.C., favor of the Nooksack Tribe of Indians, and and criminal procedure bill—is directed. transmitting a draft of proposed legislation for other purposes (with accompanying paI congratulate the Senate for its thor: to authorize the transfer of copper from the pers); to the Committee on Interior and

national stockpile to the Bureau of the Mint Insular Affairs. ough treatment of this measure and its (with accompanying papers); to the Com- FEDERAL EMPLOYEES' COMPENSATION ACT affirmative action.

mittee on Armed Services. Special thanks and commendations


REPORT ON EXPORT CONTROL must be extended to the very able man

A letter from the Secretary of Labor, trans

A letter from the Secretary of Commerce, mitting a draft of proposed legislation to ager of the bill, the senior Senator from transmitting, pursuant to law, a report on amend

the Federal Employees' Compensation Nevada [Mr. BIBLE), who is the hard- export control, for the second quarter of 1965 Act to improve its benefits, and for other working chairman of the Senate Com- (with an accompanying report); to the Com- purposes (with accompanying papers); to. mittee on the District of Columbia. mittee on Banking and Currency.

the Committee on Labor and Public Welfare. DISPOSITION OF EXECUTIVE PAPERS the Congress in opposing the threat of com- By Mr. MCINTYRE, from the Committee A letter from the Acting Archivist of the munism; to the Committee on Foreign Rela- on the District of Columbia, with amendUnited States, transmitting, pursuant to law, tions.


A resolution adopted by the legislators' sec- H.R. 647. An act to amend the act of a list of papers and documents on the files of several departments and agencies of the Goy

tion of the National Legislative Conference, March 3, 1901, to permit the appointment ernment which are not needed in the con

at Portland, Oreg., favoring the enactment of new trustees in deeds of trust in the Dis• duct of business and have no permanent

by the House of Representatives of Senate trict of Columbia by agreement of the value or historical interest, and requesting

bill 561, the Intergovernmental Cooperation parties (Rept. No. 671). action looking to their disposition (with ac

Act of 1965; to the Committee on Govern

ment Operations. companying papers); to a Joint Select ComPetitions signed by Lilianna Vitols, and

EXECUTIVE REPORTS OF mittee on the Disposition of Papers in the Executive Departments. sundry other citizens of the State of Con

COMMITTEES necticut, favoring the liberation of the Baltic The PRESIDENT pro tempore ap- States; to the Committee on Foreign Rela

As in executive session, pointed Mr. MONRONEY and Mr. CARLSON tions.

The following favorable reports of members of the committee on the part

The petition of W. B. Robinson, of Okla- nominations were submitted: of the Senate. homa City, Okla., relating to the repeal of

By Mr. EASTLAND, from the Committee section 14(b) of the Taft-Hartley Act; to the

on the Judiciary: Committee on Labor and Public Welfare.

Edward M. McEntee, of Rhode Island, to PETITIONS AND MEMORIALS

be U.S. circuit judge, first circuit.

By Mr. SMATHERS, from the Committee Petitions, etc., were laid before the REPORTS OF COMMITTEES

on the Judiciary: Senate, or presented, and referred as

The following reports of committees William 0. Mehrtens, of Florida, to be indicated: were submitted:

U.S. district judge for the southern district By the PRESIDENT pro tempore:

of Florida.

By Mr. EASTLAND, from the Committee A concurrent resolution of the Legislature

By Mr. BAYH, from the Committee on the on the Judiciary, without amendment: of the State of Michigan; to the Committee

S. 803. A bill for the relief of Ching Zai

Richard P. Stein, of Indiana, to be U.S. on Interior and Insular Affairs:

Yen and his wife, Faung Hwa Yen (Rept. attorney for the southern district of Indiana. "H. CON, RES. 101

No. 656);

S. 1168. A bill for the relief of Timothy "Concurrent resolution memorializing the

By Mr. HART, from the Committee on Congress relative to the establishment of William O'Kane (Rept. No. 657);

the Judiciary:

H.R. 1402. An act for the relief of Dr. Jorge the Sleeping Bear Dunes National Recrea

Orville H. Trotter, of Michigan, to be U.S. tion Area

marshal for the eastern district of Michigan. Rosendo Barahona (Rept. 658);

H.R. 1443. An act for the relief of Mrs. Olga By Mr. FULBRIGHT, from the Committee “Whereas a survey of the vanishing Great

Bernice Bramson Gilfillan (Rept. No. 659); on Foreign Relations: Lakes shoreline was made by the U.S. Depart

H.R. 1627. An act for the relief of Esterina Raymond A. Hare, of West Virginia, a Forment of Interior during 1957 and 1958; and Ricupero (Rept. No. 660);

eign Service officer of the class of career am“Whereas this survey revealed three out

H.R. 1820. An act for the relief of Winsome bassador, to be an Assistant Secretary of standing areas, all of them in Michigan, Elaine Gordon (Rept. No. 661);

State; worthy of incorporation in the national park

H.R. 2678. An act for the relief of Joo Yul Dr. James Watt, of the District of Colum system; and Kim (Rept. No. 662);

bia, to be the representative of the United "Whereas one of these areas and the one H.R. 2871. An act for the relief of Dorota States of America on the Executive Board of nearest our population centers is at Sleeping Zytka (Rept. No. 663);

the World Health Organization; Bear Dunes in Leelanau and Benzie Counties; H.R. 3292. An act for the relief of Consuelo

Bernard Zagorin, of Virginia, to be U.S. and

Alvarado de Corpus (Rept. No. 664); "Whereas this beautiful area is deserving

Alternate Executive Director of the Interna

H.R. 6719. An act for the relief of Mrs. of national recognition and preservation; and

tional Bank for Reconstruction and DevelKazuyo Watanabe Ridgely (Rept. No. 665); opment; "Whereas legislation to this effect, modiand

Dr. Gustav Ranis, of Connecticut, to be fied to safeguard the property rights of home

H.R. 9570. An act to amend the Federal

Assistant Administrator for Program Coordiowners, has been introduced in the Congress Firearms Act to authorize the Secretary of nation, Agency for International Developby the Senators from the State of Michigan;

the Treasury to relieve applicants from cerand

ment; tain provisions of the act if he determines “Whereas early action to save this area for

Charles Frankel, of New York, to be an that the granting of relief would not be conenjoyment of future generations has been

Assistant Secretary of State; trary to the public interest, and that the recognized as desirable by the President of applicant would not be likely to conduct his

Charles W. Yost, of New York, to be the the United States, the Michigan Conservation

operations in an unlawful manner (Rept. Deputy Representative of the United States Commission, the Michigan Tourist Council, No. 666).

of America to the United Nations with the and numerous nongovernmental organiza

By Mr. EASTLAND, from the Committee on

rank and status of Ambassador Extraorditions and individuals; and the Judiciary, with an amendment:

nary and Plenipotentiary, and a Deputy "Whereas such action would clearly be in

S. 481. A bill for the relief of Winnifred Representative of the United States of the interest of the State of Michigan, its citi- Evadne Newman (Rept. No. 667);

America in the Security Council of the zens, and its economy: Now, therefore, be it

S. 779. A bill for the relief of Henryka

United Nations; Resolved by the house of representatives Lyska (Rept. No. 668); and

JAMES ROOSEVELT, of California, to be the (the senate concurring), That the Congress

H.R. 3128. An act for the relief of Angelo representative of the United States of Ameris hereby respectfully urged to authorize the Iannuzzi (Rept. No. 669).

ica on the Economic and Social Council of establishment of the Sleeping Bear Dunes

By Mr. EASTLAND, from the Committee on

the United Nations; and National Recreation Area in Michigan; and the Judiciary, with amendments:

Mrs. Eugenie Anderson, of Minnesota, to be it further

H.J. Res. 504. Joint resolution to facilitate

be the representative of the United States "Resolved, That copies of this resolution be the admission into the United States of cer

of America on the Trusteeship Council of transmitted to the President of the United tain aliens (Rept. No. 670).

the United Nations. States, the President of the Senate, the

By Mr. ERVIN, from the Committee on the Speaker of the House of Representatives, and

Judiciary, without amendment: to each member of the Michigan delegation H.R. 5024. An act to amend titles 10 and

BILLS INTRODUCED to the Congress.

14, United States Code, and the Military Bills were introduced, read the first "Adopted by the house June 16, 1965.

Personnel and Civilian Employees' Claims time, and, by unanimous consent, the "NORMAN E. PHILLEO,

Act of 1964, with respect to the settlement of second time, and referred as follows: "Clerk of the House of Representatives.

claims against the United States by mem-
“Adopted by the senate July 29, 1965.
bers of the uniformed services and civilian

officers and employees of the United States

S. 2480. A bill to amend the District of "Secretary of the Senate."

for damage to, or loss of, personal property Columbia Alcoholic Beverage Control Act to A resolution adopted by the legislators' incident to their service, and for other pur- prohibit the sales of alcoholic beverages to section of the National Legislative Con- poses (Rept. No. 655); and

persons under 21 years of age; to the Comference, at Portland, Oreg., relating to re- H.R. 8027. An act to provide assistance in mittee on the District of Columbia. ciprocal intergovernmental tax exemption; to training State and local law enforcement (See the remarks of Mr. SCOTT when he the Committee on Finance.

officers and other personnel, and in improv- introduced the above bill, which appear unA resolution adopted by the legislators' sec- ing capabilities, techniques, and practices der a separate heading.) tion of the National Legislative Conference, in State and local law enforcement and By Mr. RIBICOFF: held at Portland, Oreg., pledging the support prevention and control of crime, and for S. 2481. A bill to amend the Federal Water of that organization to the President and other purposes (Rept. No. 672).

Pollution Control Act, as amended, to increase the share of Federal financial assist- PROHIBITION OF SALE OF ALCO- It is time we recognized that despite ance for construction of municipal sewage

HOLIC BEVERAGES TO PERSONS the promise of desalinization-and detreatment works and to authorize increased

UNDER THE AGE OF 21 IN DIS-' spite the possibilities of improved imappropriations for the purpose of making such grants, and for other purposes; to the


poundments-our only salvation lies in

water reuse. This means we will have Committee on Public Works.

Mr. SCOTT. Mr. President, I intro- to begin treating our waste water by (See the remarks of Mr. RIBICOFF when he duce for appropriate reference, a bill to removing the maximum amount of polintroduced the above bill, which appear under amend the District of Columbia Alco- lutants through advanced

waste treata separate heading.)

holic Beverage Control Act to prohibit ment techniques. In short, Mr. PresiBy Mr. LAUSCHE: S. 2482. A bill to prohibit obstruction of

the sale of alcoholic beverages to persons the performance of duty by the Armed Forces under 21 years of age. At the present dent, we must face up to reality and

recognize that water pollution control by obstruction of the transportation of per- time, hard liquor may not be sold to any is not mere esthetics—it is a matter sonnel or property thereof; to the Committee one under 21, although beer and light of life and death. on the Judiciary.

wines may be purchased by those over (See the remarks of Mr. LAUSCHE when he 18 years of age.

Only through intelligent action now introduced the above bill, which appear un

will we insure our future water supplies.

The drinking age in the District of der a separate heading.)

Columbia is lower than in the surround- Only by recognizing the size of the task

ing areas of Virginia and Maryland. and committing our resources now, will CONCURRENT RESOLUTION This leads to a large influx of minors we avoid the crisis and turn away catas

trophe. who do their drinking in Washington PRINTING AS A SENATE DOCUMENT

Pollution control is a national conand creates both a nuisance on our COMPILATION ENTITLED “CAM- streets, especially in the Georgetown

cern-concern of every living man and

woman and child-and of generations PAIGN '64"

area, and to a serious danger on the Mr. MAGNUSON submitted the fol- highways. The Police Department feels yet unborn.

For pollution reduces the supply of lowing concurrent resolution (S. Con. that this is a crucial problem; in the last

available water just as surely as a Res. 54) authorizing the printing as a year alone there were 576 arrests of

drought. We have not yet found a way Senate document of a compilation of the minors for drunkenness.

to break a drought-but we can fight speeches, remarks, press conferences, and There is no justification for this siturelated papers, during the 1964 presiden- ation to continue,

and I sincerely hope pollution. We can fight it-we have the tial campaign entitled “Campaign '64”; that my corrective proposal will be given

that my corrective proposal will be given techniques and the tools—but we have which was referred to the Committee on favorable consideration,

not yet put them to work. We are not I intend to

doing enough. Rules and Administration, as follows: press for action next January, if no

The Conference of State Sanitary Resolved by the Senate (the House of action is taken by the relevant commit

Engineers reported in its January 1, Representatives concurring), That there be tees in the current session. printed with illustrations as a Senate doc- The PRESIDING OFFICER (Mr. WIL- 1965, survey of municipal waste treatument a compilation, prepared by the Senate LIAMS of New Jersey in the chair). The

ment needs that there exists today a Committee on Commerce, entitled "Cam- bill will be received and appropriately

backlog of 5,277 communities with sewpaign '64" to consist of five parts, as follows: referred.

age treatment needs that alone will cost Volumes I, II, III, and IV, the speeches, re

The bill (S. 2480) to amend the Dis

$1.86 billion to fill. The survey further marks, press conferences and related papers

states: of President Lyndon B. Johnson, Senator trict of Columbia Alcoholic Beverage HUBERT H. HUMPHREY, Senator Barry M.

Control Act to prohibit the sales of al- In order to eliminate the existing backGoldwater, and Congressman William E. Mil- coholic beverages to persons under 21 log, provide for the continuing obsolescence ler, respectively, during the 1964 presidential years of age, introduced by Mr. SCOTT,

of existing plants, and the population campaign; and was received, read twice by its title, and

growth, it will require an average annual exVolume V, the radio and television network referred to the Committee on the District

penditure through 1970 of $800 million. newscasts for the period September 1 through of Columbia.

In other words, we must embark now November 3, 1964. SEC. 2. There shall be printed eleven thou

on a $4-billion cleanup of our Nation's sand four hundred and fifty additional LET US DECLARE WAR ON WATER

waterways. This is an investment in our copies of such document, of which four thou

future. We cannot live without fresh sand three hundred and ninety copies shall


water. We will need greater efforts on be for the use of the House of Representa- Mr. RIBICOFF. Mr. President, there every level of government local, State, tives, two thousand and sixty copies shall be is an old saying "you never miss the

and Federal. Every community should for the use of the Senate, and five thousand copies shall be for the use of the Senate water until the well runs dry.” The

be concerned--as a matter of civic Committee on Commerce.

drought in the Northeast now reminds pride—about what it dumps on its downus of that truth. We miss the water. stream neighbor. Every State should

And unless we take certain positive adopt and promote vigorous pollution RESOLUTION

steps-we are going to miss it much control programs. And the Federal GovSTUDY TO DETERMINE FEASIBILITY more.

ernment should help both communities OF UTILIZING TRADE CREDITS

The plain fact of the matter is that and States with technical assistance, reISSUED BY THE INTERNATIONAL that will make today's shortage seem we are 15 years away from a water crisis search, and financial assistance.

The need for an expanded program of MONETARY FUND TO FACILITATE insignificant. Our Nation's water sup

Federal aid has already been recognized. INTERNATIONAL TRADE

ply remains constant. So the 200 mil. Practical businessmen-like Frazar B. Mr. HARTKE (for himself, Mr. Mc- lion Americans using water today are Wilde, chairman of the board of the ConCARTHY, Mr. BARTLETT, Mr. Moss, Mr. drawing from the same supply-from necticut General Life Insurance Co.YOUNG of Ohio, Mr. METCALF, Mr. YAR- the same amount of water-that was told the Greater Hartford Chamber of BOROUGH, Mr. CLARK, Mr. DOUGLAS, and here when the Pilgrims landed in 1620. Commerce last May that “large grantsMr. WILLIAMS of New Jersey) submitted a We have learned to hold water in one in-aid by the Federal and State Governresolution (S. Res. 142) proposing a place—we

place—we have learned to move it ments are needed.” Such statements are study to determine feasibility of utilizing around—but we have not yet signifi- greatly encouraging. Past industry optrade credits issued by the International cantly increased the absolute amount of position to Federal pollution control laws Monetary Fund to facilitate internation- fresh water we need.

is fading in the dawning light of realizaal trade, which was referred to the Com- In 15 years—by 1980—the consump- tion that the pollution problem is critimittee on Foreign Relations.

tion of water can be expected to rise to cal and getting worse. (See the above resolution printed in 600 billion gallons a day. Our projected I have long been concerned with water full when submitted by Mr. HARTKE, dependable fresh water supply will be pollution problems. As Secretary of which appears under a separate head- 515 billion gallons. That, Mr. Presi- Health, Education, and Welfare, I proing.) dent, spells crisis.

posed that the Federal law be amended




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