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its favorable report on the bill, the Committee on Judiciary of the House of Representatives set forth the purpose of the committee amendments as follows:

"PURPOSE OF THE AMENDMENTS MADE BY THE COMMITTEE ON THE JUDICIARY OF THE HOUSE OF REPRESENTATIVES

"The bill as introduced would have provided for a repeal of subsection (f) of section 2732 of title 10 and of subsection (e) of section 3 of the Military Personnel and Civilian Employees' Claims Act of 1964. The committee has recommended amendments to strike the provisions of the bill providing for the repeal of these sections which provide for a reporting of the settlement of claims to the Congress. This is accomplished by striking language on line 7 of page 1 and the language of line 9 on page 2. The committee feels that in view of the changes made to the law and the importance attached to the administration of these provisions as reflected in this report that the present provisions concerning reporting to the Congress should be retained at least for the time being. The basic changes to the bill are those reflected in the committee amendment to lines 4 through 8 of page 2 of the bill. The committee amendment provides for an increase of claims settlement authority up to $10,000 for personal property losses suffered by personnel of the military departments and the Coast Guard. This is provided in a new subsection (a) of the Military and Civilian Personnel Claims Act along with the bill's original provisions for similar amendment of section 2732 of title 10 and section 490 of title 14. At the same time, separate authority is provided for the settlement of the claims of the personnel of the other agencies of Government in subsection (b) with a limit of $6,500.

"The testimony and evidence presented to this committee, as well as the experience of the committee in the adjudication of claims bills, has established the need for an increase in behalf of the military departments. Further the committee, as is discussed in this report, has determined that the military departments have the necessary experience and personnel for the proper administration of such increased authority. The civilian agencies on the other hand were granted the authority for this type of claims settlement on August 31, 1964, with the enactment of the Military Personnel and Civilian Employees' Claims Act of 1964. The committee finds that the need for increased authority has not been fully established and further that the civilian agencies require a period of time to evolve procedures and experience in the administration of this authority for the settlement of claims.

"In view of the distinct claims settlement authority provided in both subsections (a) and (b) of section 3 as described above, the committee amendment has changed the reference to 'subsection (a)' in the first sentence of subsection (c) to read 'this section' so that the general provisions of subsection (c) will apply to both subsection (a) and subsection (b). It should also be noted that other than this change the provisions of present subsection (c) as well as those of subsections (d) and (e) are not changed by the committee amendment."

In addition to the amendments made by the Committee on the Judiciary of the House of Representatives, two amendments were made to the bill on the floor of the House of Representatives.

The first floor amendment in the House of Representatives is a technical one to make it clear that Public Law 558, 88th Congress, is included in the retroactive aspect of the bill. The second floor amendment in the House of Represenatives is to provide a limitation that not more than 10 percent of the amount paid in settlement of a claim may be paid

to an agent or attorney on account of services
rendered in connection with the claim.

In its favorable report on the bill the
Committee on the Judiciary of the House
of Representatives said:

"The bill, H.R. 5024, was introduced in accordance with the recommendations of an executive communication submitted to the Speaker of the House of Representatives by the Department of the Air Force in behalf of the Department of Defense.

"The bill was the subject of a subcommittee hearing on March 10, 1965. The testimony at that hearing further emphasized the fact noted in the executive communication that the monetary limitation of $6,500 is an unrealistic and arbitrary limit in those cases where personnel suffer the loss of property as a result of catastrophes and disasters. It must be recognized that the usual claim submitted under the statutory provisions referred to in this bill can be settled for approximately $300. The severe losses which occur in disaster situations are less than 1 percent of the total number of claims. These losses are suffered as a result of fire, flood, or airplane crashes which often cause the total loss of the property involved. These are the cases that result in adjudicated claims which are found to be meritorious for amounts which exceed $6,500.

"As is noted in the executive communication of the Department of the Air Force, military personnel whose claims exceed $6,500 have sought relief from the Congress. This committee, since it has jurisdiction of the private claim bills providing for such relief, has had an excellent opportunity to study the cases referred to by the Air Force. The losses suffered by servicemen and employees of the United States incident to their service have long been a matter of concern to this committee. In many instances, the committee has recognized the fact that the only recourse open to the unfortunate individuals who have suffered these heavy losses is through private relief legislation. This committee has repeatedly recognized that the United States owes a moral duty to compensate individuals who have suffered such heavy personal losses, because of their service to the Government. In this connection, it is pertinent to observe that the statautory provisions referred to in this bill require as a prerequisite for payment for the losses that prerequisite for payment for the losses that the personal property damaged or lost incident to the individual's Government service must be determined to be reasonable, useful, or proper under the circumstances. In this respect the introduction of private relief bills has served to focus attention on the fact that there is a serious lack in the existing law to cope with these losses.

"In connection with some of the cases considered by the committee, it has seemed that there is a lack of understanding of the responsibility of the United States regarding the losses which give rise to claims cognizable under the statutes referred to in this bill. The provisions, which originated as the Military Personnel Claims Act of 1945 (59 Stat. 225), were prompted by a recognition that the United States had a moral responsibility of protect its servicemen from responsibility of protect its servicemen from losses suffered incident to their service. A large number of the claims settled under these provisions arise from losses suffered in the transfer of personal property in connection with a serviceman's change of a duty station from one place to another. A career in the Armed Forces entails many such moves on the part of the serviceman. A man who selects such a career must expect this periodic dislocation as a part of his obligation as a military man. It is clearly unfair to impose the additional burden of personal loss when in truth the loss is suffered as a result of the man's service obligations in a move directed and controlled by the Government. The same considerations apply to losses suffered by civilian employees incident to their fered by civilian employees incident to their

service. It is only just that the Government assume this responsibility of paying for losses while the property is being sent under Government contract to a new place of duty.

"In the consideration of private bills concerning the castrophic type of loss referred to in the executive communication, inquiry has been made so the committee as to why the individual was not required to pay for insurance from his own funds. The committee has conducted a study on this matter and has questioned witnesses at several hearings concerning it. It is somewhat inconsistent to require a man to insure his property when the Government has provided authority for the same loss. If this rationale were to be applied, the Government would be absolved of paying the claims which are the subject of the provisions referred to in this bill. There appear to be no insurance policies which provide for a $6,500 deduction so as to permit the coverage of losses over and above the statutory limitation for a claim. The committee has found that full insurance coverage of the "floater type" on certain large and valuable items is very expensive and is actually beyond the means of the lower ranks of military personnel. Further, it is simply not available during movements to some oversea areas. This commit

tee further recognizes that a requirement for the purchase of insurance has the practical effect of imposing additional costs and hardships on personnel incident to their repeated service-directed moves. It must also be recognized that the cheap "trip transit" policies offer very little if any protection. Where such policies provide for partial insurance coverage, personnel have at times discovered that they were, in effect, coinsuror of a part of their loss, since partial insurance was taken as stating their property at less than its value.

"In its study of the claims settlement authority proposed in this bill, the committee has been concerned with a number of aspects in the administration of that authority. On repeated occasions, representatives of the military services have appeared before this committee's Subcommittee on Claims to explain procedures in given cases and to describe the procedures followed by each service in settling such claims. The 20-year period of the exercise of this authority by the military provides a firm basis for regulations and procedures which insure a competent administration of the statutory authority for claims settlement. As is the case in the administrative settlement of most claims, the most vital part of the process is the initial investigation and adjudication of the claim. It is at this point that the experience and personnel of the military' departments and the Coast Guard have proved their competency in this area. This committee is confident that the increase of settlement author

ity to $10,000 is clearly required as to the military departments and the Coast Guard and that these departments have the personnel, the experience, and the well-defined procedures necessary for the most efficient use of such increased authority. This committee is also reassured by the fact that the military services provide for a review of such claims by legally trained personnel.

"As can be seen from the foregoing discussion, the primary need for increased claims settlement authority is to be found in the military services. Furthermore, there must be a frank recognition that claims settlement in the military services in many cases is to be distinguished from the civilian analogy. Among these considerations is the morale of the individual service member and the requirement for a prompt settlement of the loss or damage that he may suffer. The committee has found that the procedures of the military service may be different than those ultimately evolved for the civilian agencies. In reporting the bill, H.R. 6910,

which ultimately was enacted into law, as the Military Personnel and Civilian Employees' Claims Act of 1964, this committee stated in House Report No. 460 of the 88th Congress that:

"[I]t is also relevant to observe that the experience of the military departments and the Coast Guard in administering the present military personnel claims provisions and the regulations promulgated by those departments to implement those provisions have served to establish guidelines and standards which will aid in the application of the extended coverage of the provisions as contained in this bill.'

"However, it now appears that the civilian agencies have recommended procedures which are at variance with those previously followed by the military departments and the Coast Guard. The committee, therefore,

has recommended amendments which would provide for separate authority for the military departments in subsection (a) of the Military Personnel and Civilian Employees' Claims Act of 1964 and the civilian agencies in subsection (b) of that act. In order to provide for a uniformity of policy concerning the civilian agencies the committee has further recommended that the regulations promulgated to implement the authority granted the civilian agencies be made subject to uniform policies prescribed by the President. The civilian agencies were first granted the authority to settle claims for losses of personal property on August 31, 1964, the date of approval of the Military Personnel and Civilian Employees' Claims Act of 1964. The committee has concluded that in view of this fact it would be a wiser course to keep the statutory limitation of

$6,500 in force as to the civilian agencies.

Due to the short history of the exercise of this authority by the various civilian agencies of the Government, it is felt that any question of increase of existing authority should be deferred until the various agencies have developed their procedures and have had a longer period of experience in

administration of this claims settlement authority.

"At the March 10, 1965, hearing, the retroactive feature of this bill was also discussed.

Section 4 of the bill provides that the addi

tional claims settlement authority created by amendments to section 2732 of title 10, section 490 of title 14, and the Military Personnel and Civilian Employees' Claims Act is to be available for the reconsideration and settlement of claims which were timely filed and settled under those statutes on and after July 2, 1952. This means that the retroactive application would only apply to claims that were fully investigated and adjudicated by the services. Any person seeking a reconsideration of a claim which was not fully paid because of the limitation as to amount would be required to make a written request for such reconsideration within 1 year of the effective date of the act. This committee recognizes that this provision for retroactive application is required to extend equal treatment to those who may have suffered heavy losses prior to the effective date of the amendments added by this bill. However, it is also well to limit the period for the reconsideration of claims of this nature so that the whole question of previous claims can be resolved in a reasonable time. "The testimony presented at the hearing and the information included in the executive communication establish the fact that

the potential cost of a reconsideration of claims has been ascertained by the military services. This is the top figure and, as has been noted, only claims where a request would be filed within a statutory 1-year period would be reconsidered, so that it could be anticipated that not all potential claims would be reconsidered. However that might be, military records show the outstanding unpaid balances, the figures have been collected and result in a total of $327,126.86.

There is a potential of about 195 claimants who might file for reconsideration.

"On the basis of the considerations outlined in the executive communication of the Department of the Air Force, the testimony presented in connection with this bill and bills dealing with the same problem over the years, this committee feels that the amendments provided for in the bill are necessary for a proper administration of the law. This bill has been the subject of careful review and study by the subcommittee to which it was assigned and the committee amendments have been drafted to meet the problems presently being encountered in this area of claims administration. It is, therefore, recommended that the bill with the amendments recommended by the committee be considered favorably."

The committee believes that the bill, as

recommended by the Department of Defense and as amended by the House of Representatives, is meritorious and recommends it favorably.

CHING ZAI YEN

Zai Yen and his wife, Faung Hwa Yen The bill (S. 803) for the relief of Ching Zai Yen and his wife, Faung Hwa Yen was considered, ordered to be engrossed for a third reading, read the third time, and passed, as follows:

S. 803

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purposes of the Immigration and Nationality Act, Ching Zai Yen and his wife, Faung Hwa Yen, shall be held and considered to have for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fees. Upon the granting of Upon the granting of permanent residence to such allens as provided for in this Act, the Secretary of State shall instruct the proper quota-control officer to deduct the required numbers from the appropriate quota or quotas for the first year that such quota or quotas are available.

Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the report (No. 656), explaining the purposes of the

bill.

There being no objection, the excerpt was ordered to be printed in the RECORD, as follows:

PURPOSE OF THE BILL

The purpose of the bill is to grant the status of permanent residence in the United States to Ching Zai Yen and his wife, Faung Hwa Yen. The bill provides for appropriate quota deductions and for the payment of the required visa fees.

TIMOTHY WILLIAM O'KANE

The bill (S. 1168) for the relief of Timothy William O'Kane was considered, ordered to be engrossed for a third readordered to be engrossed for a third reading, read the third time, and passed, as follows:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purposes of the Immigration and Nationality Act, the provisions of sections 201(a), 202 (a) (5) and 202(b) (4) of that Act shall not be applicable in the case of Timothy William

O'Kane.

Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the report (No. 657), explaining the purposes of the bill.

There being no objection, the excerpt was ordered to be printed in the RECORD, as follows:

PURPOSE OF THE BILL

The purpose of the bill is to enable the beneficiary who is of Chinese descent, to qualify for an immigrant visa as a native of Canada, the country of his birth.

DR. JORGE ROSENDO BARAHONA

The bill (H.R. 1402) for the relief of Dr. Jorge Rosendo Barahona was considered, ordered to a third reading, read the third time, and passed.

Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed

in the RECORD an excerpt from the report (No. 658), explaining the purposes of the bill.

There being no objection, the excerpt was ordered to be printed in the RECORD, as follows:

PURPOSE OF THE BILL

status of permanent residence in the United The purpose of the bill is to grant the States to Dr. Jorge Rosendo Barahona as of October 3, 1960, the date on which he was

admitted as a nonimmigrant.

MRS. OLGA BERNICE BRAMSON GILFILLAN

The bill (H.R. 1443) for the relief of Mrs. Olga Bernice Bramson Gilfillan was considered, ordered to a third reading, read the third time, and passed.

Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the report (No. 659), explaining the purposes of the bill.

There being no objection, the excerpt was ordered to be printed in the RECORD, as follows:

PURPOSE OF THE BILL

restoration of U.S. citizenship in behalf of Mrs. Olga Bernice Bramson Gilfillan, which

The purpose of the bill is to provide for

was lost by her failure to return to the United States prior to her 23d birthday.

ESTERINA RICUPERO

The bill (H.R. 1627) for the relief of Esterina Ricupero was considered, ordered to a third reading, read the third time, and passed.

Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the report (No. 660), explaining the purposes of the bill.

There being no objection, the excerpt was ordered to be printed in the RECORD, as follows:

PURPOSE OF THE BILL

The purpose of the bill is to waive the excluding provision of existing law relating to one who is feebleminded in behalf of the daughter of a U.S. citizen father and a lawful resident alien mother. The bill provides for the posting of a bond as a guaranty that the beneficiary will not become a public charge.

WINSOME ELAINE GORDON

The bill (H.R. 1820) for the relief of Winsome Elaine Gordon was considered, ordered to a third reading, read the third time, and passed.

Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the report (No. 661), explaining the purposes of the bill.

There being no objection, the excerpt was ordered to be printed in the RECORD, as follows:

PURPOSE OF THE BILL

The purpose of the bill is to facilitate the entry into the United States in a nonquota status of an alien child to be adopted by citizens of the United States. The bill also provides that the beneficiary may adjust her status in the United States notwithstanding the fact that she is a native of an adjacent island.

JOO YUL KIM

The bill (H.R. 2678) for the relief of Joo Yul Kim was considered, ordered to a third reading, read the third time, and passed.

Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the report (No. 662), explaining the purposes of the bill.

There being no objection, the excerpt was ordered to be printed in the RECORD, as follows:

PURPOSE OF THE BILL

The purpose of the bill is to facilitate the entry into the United States in a nonquota status of an alien child to be adopted by

citizens of the United States. The bill also provides that the provision of law limiting to two the number of alien children to be adopted shall not be applicable in this case.

DOROTA ZYTKA

The bill (H.R. 2871) for the relief of Dorota Zytka was considered, ordered to a third reading, read the third time, and passed.

Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the report (No. 663), explaining the purposes of the bill.

There being no objection, the excerpt was ordered to be printed in the RECORD, as follows:

PURPOSE OF THE BILL

The purpose of the bill is to facilitate the admission to the United States in a nonquota status of an alien child to be adopted by citizens of the United States.

CONSUELO ALVARADO DE CORPUS

The bill (H.R. 3292) for the relief of Consuelo Alvarado de Corpus was considered, ordered to a third reading, read the third time, and passed.

Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the report (No. 664), explaining the purposes of the bill.

There being no objection, the excerpt was ordered to be printed in the RECORD, as follows:

PURPOSE OF THE BILL

The purpose of the bill is to waive the excluding provision of existing law relating to an alien who has assisted other aliens to enter the United States in violation of the law in behalf of the wife of a U.S. citizen.

MRS. KAZUYO WATANABE RIDGELY

The bill (H.R. 6719) for the relief of Mrs. Kazuyo Watanabe Ridgely was considered, ordered to a third reading, read the third time, and passed.

Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the report (No. 665), explaining the purposes of the bill.

There being no objection, the excerpt was ordered to be printed in the RECORD, was ordered to be printed in the RECORD, as follows:

PURPOSE OF THE BILL

The purpose of the bill is to waive the excluding provision of existing law relating to one who has been convicted of a violation of narcotic laws in behalf of the wife of a U.S. citizen serviceman.

BILL PASSED OVER

The bill (H.R. 9570) to amend the Federal Firearms Act to authorize the Secretary of the Treasury to relieve applicants from certain provisions of the act if he determines that the granting of relief would not be contrary to the public interest and that the applicant would not be likely to conduct his operations in an unlawful manner, was announced as next in order.

Mr. MORSE. Over, Mr. President. The VICE PRESIDENT. The bill will be passed over.

WINNIFRED EVADNE NEWMAN

The Senate proceeded to consider the bill (S. 481) for the relief of Winnifred Evadne Newman which had been reported from the Committee on the Judiciary with an amendment in line 7, after the word "States", to insert a colon and "Provided, That the natural mother of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege, or status under the Immigration and Nationality Act"; so as to make tion and Nationality Act"; so as to make the bill read:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purposes of sections 101 (a) (27) (A) and 205 of the Immigration and Nationality Act, Winnifred Evadne Newman shall be held and considered to be the alien minor child of Cedric S. Newman, a citizen of the United States: Provided, That the natural mother of the beneficiary shall not, by virtue of such parentage, be accorded any right, privilege or status under the Immigration and Nationality Act.

The amendment was agreed to.

The bill was ordered to be engrossed for a third reading, was read the third for a third reading, was read the third time, and passed.

Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the report (No. 667), explaining the purposes of the bill.

There being no objection, the excerpt was ordered to be printed in the RECORD, as follows:

PURPOSE OF THE BILL

The purpose of the bill, as amended, is to enable the illegitimate daughter of a U.S. citizen to enter the United States as a nonquota immigrant, which is the status normally enjoyed by the alien minor children of

U.S. citizens. The bill has been amended in accordance with the suggestion of the Commissioner of Immigration and Naturalization to provide that the natural mother of the beneficiary shall not be accorded any right, privilege, or status under the Immigration and Nationality Act.

HENRYKA LYSKA

The Senate proceeded to consider the bill (S. 779) for the relief of Henryka Lyska which had been reported from the Committee on the Judiciary with an amendment to strike out all after the enacting clause and insert:

That, in the administration of the Immigration and Nationality Act, Henryka Lyska may be classified as an eligible orphan within the meaning of section 101 (b) (1) (F) of that Act, and a petition may be filed in behalf of the said Henryka Lyska by Mr. and Mrs. Stanley Lyska, citizens of the United States, pursuant to section 205(b) of the Immigration and Nationality Act subject to all the conditions in that section relating to eligible orphans.

The amendment was agreed to.

The bill was ordered to be engrossed for a third reading, was read the third time, and passed.

Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the report (No. 668), explaining the purposes of the bill.

There being no objection, the excerpt was ordered to be printed in the RECORD, as follows:

PURPOSE OF THE BILL

The purpose of the bill, as amended, is to facilitate the entry into the United States in a nonquota status of an alien child adopted by citizens of the United States. The bill has been amended in accordance with established precedents.

ANGELO IANNUZZI

The Senate proceeded to consider the bill (H.R. 3128) for the relief of Angelo Iannuzzi which had been reported from the Committee on the Judiciary with an amendment to strike out all after the enacting clause and insert:

That, in the administration of the Immigration and Nationality Act, Angelo Iannuzzi shall be held and considered to be within the purview of section 101 (b) (1) (B) of that Act.

The amendment was agreed to.

The amendment was ordered to be engrossed, and the bill to be read a third time.

The bill was read the third time, and passed.

Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the report (No. 669), explaining the purposes of the bill.

There being no objection, the excerpt was ordered to be printed in the RECORD, as follows:

PURPOSE OF THE BILL

The purpose of the bill, as amended, is to enable the stepson of a U.S. citizen to qualify for nonquota status, not withstanding the fact that he was over the age of 18 years at the time the marriage creating the status of stepchild occurred. The purpose of the amendment is to conform the language of the bill to established precedents.

ADMISSION INTO THE UNITED

STATES OF CERTAIN ALIENS

The Senate proceeded to consider the joint resolution (H.J. Res. 504) to facilitate the admission into the United States of certain aliens which had been reported from the Committee on the Judiciary with amendments on page 7, line 1, after the name "Naranjo", to strike out "a citizen of the United States and a lawfully resident alien of the United States, respectively," and insert "citizens of the United States,”; on page 8, after line 10, to strike out:

SEC. 22. In the administration of the Immigration and Nationality Act, Mirjana Tomas may be classified as an eligible orphan within the meaning of section 101 (b) (1) (F) of the Act, upon approval of a petition filed in her behalf by Mr. and Mrs. Mark A. Tomas, citizens of the United States, pursuant to section 205(b) of the Act, subject to all the conditions in that section relating to eligible orphans.

After line 18, to strike out:

SEC. 23. In the administration of the Immi

gration and Nationality Act, Maria Stella Pezzo Calafato may be classified as an eligible orphan within the meaning of section 101 (b) (1) (F) of the Act, upon approval of a petition filed in her behalf by Mr. and Mrs. George Calafato, citizens of the United

States, pursuant to section 205(b) of the Act, subject to all the conditions in that section relating to eligible orphans.

And, on page 9, at the beginning of line 3, to change the section number from

"24" to "22".

The amendments were agreed to. The amendments were ordered to be engrossed, and the joint resolution to be read a third time.

The joint resolution was read the third time, and passed.

Mr. MANSFIELD. Mr. President, I ask unanimous consent to have printed in the RECORD an excerpt from the report (No. 670), explaining the purposes of the joint resolution.

"(b)"; and, on page 3, after line 6, to strike out:

"(c) Notwithstanding any provision of a deed of trust to the contrary, the owner of the debt secured by such deed of trust may, by a written designation signed, sealed, and acknowledged by him, appoint substitute trustees, and such designation shall be effective from and after the tenth day following the filing of such designation in the United States District Court for the District of Columbia and the service of a copy thereof upon the debtor in the manner provided for this subchapter, unless within such ten day the service of a petition by section 534 of period the debtor shall file in said court an objection to the appointment of any such substitute trustee. In the event any such objection is filed in said court, further proceedings shall be in accordance with section 534 or 537 of this subchapter, or subsection (a) of this section, whichever is appropriate. The clerk of the court shall maintain a separate docket in which there shall be kept a record of designations of substitute trustees filed under this subsection."

The amendments were agreed to.
The amendments were ordered to be

engrossed and the bill to be read a third

time.

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There being no objection, the excerpt was ordered to be printed in the RECORD, as follows:

The purpose of this bill, as amended, is to provide for the substitution of trustees under deeds of trust in the District of Columbia by

means of a written instrument entered into by the grantors named in the deed and the parties secured by the deed (or their successors in interest), notwithstanding any provision in the deed of the trust to the contrary.

The written instrument by which the trustee is substituted does not become effective as to any person not having actual notice of the instrument, until a signed,

District of Columbia. Ten days after the designation was served on the debtor, it would become effective unless the debtor filed an objection in such court to the appointment of the substitute trustee. The court would then resolve the dispute in accordance with procedures set out in existing law.

On June 9, 1965, the Judiciary Subcommittee held public hearings on H.R. 647 and received testimony from the District of Columbia Board of Commissioners, the Recorder of Deeds, the administrative assistant to the chief judge of the U.S. District Court for the District of Columbia and the District of Columbia Bar Association.

Representatives of the District of Columbia Bar Association testified that the proposed unilateral substitution provision of the House passed bill needed substantial modification in order to assure the debtor being adequately protected. The representatives of the bar association further advised the committee that when such safeguards for the debtor are combined with the language of the House bill, no material simplification of existing law and procedures results. Accordingly, it was their view that the bill in large measure would be nothing more than a duplication of existing law. District of Columbia Code (sec. 45-611, 45-614, and 45-619) pro

vides procedures for substituting trustees

upon the death of the original trustee, or the refusal or inability of the trustee to act, or for enforcing the release of property secured by a deed of trust when the trustee is dead, disabled, or has disappeared.

Additionally, the right and power to unilaterally substitute a trustee in a deed of trust can be, and, the committee was informed, is being extensively reserved by parties to deeds of trust executed in the District, obviating, in those cases, the need for supporting legislation.

In view of the testimony presented by the various witnesses who appeared at the public hearings and testified on H.R. 647, it was the considered opinion of the committee that proposed legislation, providing for unilateral substitution of trustees, should be held in abeyance until the next session of the Congress when further study can be given to such procedure. The committee was also of the view that concurrently with such study an extensive study should be given to the concept of a public trustee as a possible alternative solution to obtaining an inexpensive, as

There being no objection, the excerpt was ordered to be printed in the RECORD, Sealed, and acknowledged notice of appoint- well as an effective procedure for the substias follows:

PURPOSE OF THE JOINT RESOLUTION The purpose of the joint resolution, as amended, is to facilitate the entry into the United States, or the adjustment of status, of 26 alien children adopted or to be adopted by citizens of the United States. Two cases have been deleted from the resolution. In one of the cases an administrative remedy appears to be available. In the second case, the beneficiary has married and may not be considered under this legislation as an eligible orphan.

APPOINTMENT OF NEW TRUSTEES IN DEEDS OF TRUST IN THE DISTRICT OF COLUMBIA

The Senate proceeded to consider the bill (H.R. 647) to amend the act of March 3, 1901, to permit the appointment of new trustees in deeds of trust in the District of Columbia by agreement of the parties which had been reported from the Committee on the District of

Columbia with amendments on page 2, at the beginning of line 18, to insert

ment is filed with the Recorder of Deeds.

The committee was informed that of the some 200 cases per year in the District of Columbia involving questions of trustee substitution, nearly 80 percent involve the issue of obtaining a deed of release from a trustee who has disappeared, become disabled, or is deceased. A great number of these cases involve a homeowner of limited means who, under existing law, might have to undertake expensive litigation to obtain a deed of release on property that he has already paid for in full.

This bill, as amended, will avoid any such needless expense and litigation by establishing a simple procedure through which the parties to the deed can consent in a written document to the substitution of a trustee.

As the bill (H.R. 647) passed the House of Representatives, it contained an additional method for substitution of trustees under

deeds of trusts; namely, a unilateral substitution by the owner of the debt secured by the This committee, in favorably reporting H.R. 647, did not include such provision in the reported bill, for reasons set forth hereafter.

Under the proposed unilateral substitution

provision, as included in the House passed bill, the owner of the debt would appoint in writing a substitute trustee and file such designation in the U.S. District Court for the

tution of trustees in the District of Columbia.

Mr. MANSFIELD. Mr. President, that concludes the call of the calendar at this time.

HIGHER EDUCATION ACT OF 1965

Mr. MANSFIELD. Mr. President, I ask that the unfinished business be laid before the Senate.

The VICE PRESIDENT. The Chair lays before the Senate the unfinished business.

The Senate resumed the consideration of the bill (H.R. 9567) to strengthen the educational resources of our colleges and universities and to provide financial assistance for students in postsecondary and higher education.

EXECUTIVE SESSION

Mr. MANSFIELD. Mr. President, I ask unanimous consent that the Senate

proceed to the consideration of executive business, beginning with the nomination to the Federal Communications Commission.

The VICE PRESIDENT. Without objection, the Senate will proceed to the consideration of executive business.

EXECUTIVE MESSAGES REFERRED The VICE PRESIDENT laid before the Senate messages from the President of the United States submitting sundry nominations, which were referred to the appropriate committees.

(For nominations this day received, see the end of Senate proceedings.)

EXECUTIVE REPORTS OF COMMITTEES

The following favorable reports of nominations were submitted:

By Mr. ROBERTSON, from the Committee on Banking and Currency:

Hobart Taylor, Jr., of Michigan, to be a member of the Board of Directors of the Export-Import Bank of Washington.

By Mr. MCNAMARA, from the Committee on Public Works:

Eugene P. Foley, of Minnesota, to be an Assistant Secretary of Commerce.

By Mr. BYRD of Virginia, from the Committee on Finance:

Ralph K. Huitt, of Wisconsin, to be an Assistant Secretary of Health, Education, and Welfare.

By Mr. EASTLAND, from the Committee on the Judiciary:

Keith Hardie, of Wisconsin, to be U.S. marshal for the western district of Wisconsin;

George A. Bukovatz, of Montana, to be U.S. marshal for the district of Montana; and ...

Robert Nelson Chaffin, of Wyoming, to be U.S. attorney for the district of Wyoming.

EXECUTIVE REPORTS OF COMMIT

TEE ON ARMED SERVICES Mr. JACKSON. Mr. President, from the Committee on Armed Services, I report favorably the nomination of Rear Adm. Alexander C. Husband for appointment as Chief of the Bureau of Yards and Docks in the Department of the Navy, and the nominations of Brig. Gen. Richard C. Kendall and Brig. Gen. Howard S. McGee for appointment as major generals in the Army Reserve. I ask that these names be printed on the Executive Calendar.

The VICE PRESIDENT. Without ob- The greatest educational system in hujection, it is so ordered. man history once more gains full mo

The nominations, ordered to lie on the mentum. desk, are as follow:

William L. Atwater, Jr., and sundry other officers, for temporary appointment in the Marine Corps.

The VICE PRESIDENT. If there be no further reports of committees, the nominations of the Executive Calendar will be stated.

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The VICE PRESIDENT. Without objection, the nominations are considered and confirmed en bloc.

Mr. MANSFIELD. Mr. President, I ask that the President be immediately The VICE PRESIDENT. Without ob- notified of the confirmation of these jection, it is so ordered.

The nominations, ordered to be placed

nominations.

The VICE PRESIDENT. Without ob

In coming months, our schools, colleges, and universities will set new records of the ever-increasing demand for knowledge and learning that has long been a basic factor in our way of life.

I am confident that our educational processes in this country gain each year, not only in volume-in quantity, but also in quality. It is the purpose of these remarks, Mr. President, to acquaint Senators with a unique, imaginative, and promising new aspect of our tremendous educational growth.

Many of the Americans who are returning to school in the coming days and weeks will be men and women who finished their basic education years and years, even decades, ago. Many of our adults will be returning to school on a part-time basis, and thousands of them will renew their educational activities without actually heading back to the classroom. Instead, these older people will be enrolling in adult education courses involving night classes or correspondence studies.

In my opinion, it is this surge in adult education, or continuing education, on the part of our adult citizens, that is of particular significance to the Nation at this time.

I am pleased to point out that continuing education is a phase of educational growth and development which is receiving particular emphasis and impetus at the University of Oklahoma. New programs in adult education which are being initiated by the University of Oklahoma, hold particular significance for Government officials and all public servants, whether they are employed or active at the local, State, or Federal level.

It is particularly significant that the University of Oklahoma has launched an

advanced

studies just as the 1st session of the 89th program in governmental Congress enters its climatic weeks of activity. I believe that the legislation which has been passed in this session points clearly to the ever-growing need for more highly trained administrative employees, at all levels of government.

far-reaching legislation than any session Congress has enacted more new and within my memory. This is a new Bill of Rights in education, insurance and

on the Executive Calendar, are as fol- jection, the President will be notified health, public works, urban and regional

lows:

Rear Adm. Alexander C. Husband, for appointment as Chief of the Bureau of Yards and Docks; and

Brig. Gen. Richard Kendall, and Brig. Gen. Howard Samuel McGee, Army National Guard of the United States officers, for appointment as Reserves commissioned officers of the Army.

Mr. JACKSON. Mr. President, in addition, I report favorably the nominations of 123 Marine Corps officers for temporary promotion to the grade of colonel. Since these names have already appeared in the CONGRESSIONAL RECORD, in order to save the expense of printing on the Executive Calendar I ask unanimous consent that they be ordered to lie on the Secretary's desk for the information of any Senator.

forthwith.

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The VICE PRESIDENT. Without objection, it is so ordered.

development, in housing, against pollution, for civil rights, to strengthen economic controls, refine taxation, and to promote the arts, the humanities, space with immigration, crime, delinquencies, activities, transportation, and to deal and numerous other problems too volumi

nous to mention. All of this makes for a better nation.

We all await with great interest, and some concern, the successful implemenThe Senate resumed the consideration tation of the various programs which are of legislative business.

so important to the continued well-being of our political democracy and the longrange and economic and military

OUR GREAT EDUCATIONAL SYSTEM strength of the Nation.

WILL SET NEW RECORDS Mr. MONRONEY. Mr. President, school bells are beginning to ring again across the length and breadth of America.

In addition to skillful administration on the part of Federal, State, and local officials, the full benefits of the legislation passed by this Congress cannot be

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