lieutenant general, under the provisions of title 10, United States Code, section 3962. 2. The following-named officers, under the provisions of title 10, United States Code, section 3066, to be assigned to positions of importance and responsibility designated by the President under subsection (a) of section 3066, in grades as follows: To be general Lt. Gen. Berton Everett Spivy, Jr., 019479, Army of the United States (major general, U.S. Army). To be lieutenant general Maj. Gen. William Pelham Yarborough, O20362, U.S. Army. To the Committee on Armed Services. LYNDON B. JOHNSON. TUESDAY, JUNE 4, 1968 MESSAGE REFERRED] During legislative session, the President pro tempore laid before the Senate, as in executive session, the following message from the President of the United States, transmitting a nomination, which was referred as indicated: To the Senate of the United States: THE WHITE HOUSE, June 4, 1968. I nominate A. Everette MacIntyre, of Virginia, to be a Federal Trade Commissioner for the term of 7 years from September 26, 1968. (Reappointment.) To the Committee on Commerce. LYNDON B. JOHNSON. REPORTS OF A COMMITTEE As in executive session, The following favorable reports of nominations were submitted: Ernest Louis Massad to be Deputy Assistant Secretary of Defense for Reserve Affairs. By Mr. Thurmond, from the Committee on Armed Services: Gen. Harold Keith Johnson, U.S. Army, to be placed on the retired list in the grade of general; and Gen. William Childs Westmoreland, U.S. Army, to be Chief of Staff, U.S. Army. By Mr. Byrd of Virginia, from the Committee on Armed Services: As in executive session, TREATIES REPORTED Mr. Mansfield (for Senator Fulbright), from the Committee on Foreign Relations, reported favorably, with reservations, the following treaties: The Tax Convention With Brazil (Ex. J, 90th Cong., first sess.), with a printed report (Ex. Rept. No. 5, 90th Cong., second sess.) thereon, which was ordered to be printed; The Tax Convention With France (Ex. N, 90th Cong., first sess.), with a printed report (Ex. Rept. No. 5, 90th Cong., second sess.) thereon; and The Tax Convention With the Philippines (Ex. D, 89th Cong., first sess.), with a printed report (Ex. Rept. No. 5, 90th Cong., second sess.) thereon. EXECUTIVE SESSION On motion by Mr. Mansfield, and by unanimous consent, the Senate proceeded to the consideration of executive business, with the Presiding Officer (Mr. Hart) in the chair. CONSIDERATION OF TREATIES On motion by Mr. Mansfield, and by unanimous consent, the Senate, as in Committee of the Whole, proceeded to consider the following treaties reported earlier today by the Committee on Foreign Relations: The Convention Between the United States of America and the United States of Brazil for the Avoidance of Double Taxation With Respect to Taxes on Income, signed at Rio de Janeiro on March 13, 1967 (Ex. J, 90th Cong., first sess.); The Convention Between the United States of America and the French Republic With Respect to Taxes on Income, signed at Paris on July 28, 1967 (Ex. N, 90th Cong., first sess.); and The Convention Between the United States of America and the Republic of the Philippines for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion With Respect to Taxes on Income, signed at Washington on October 5, 1964 (Ex. D, 89th Cong., first sess.). The conventions were read the second time and, after debate, no amendments being made, were reported to the Senate, and the resolutions of ratification (with reservations) were read as follows: Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Convention Between the United States of America and the United States of Brazil for the Avoidance of Double Taxation With Respect to Taxes on Income, signed at Rio de Janeiro on March 13, 1967, subject to the following reservations: 1. "Notwithstanding the provisions of paragraph (3)(b) of article 30 of the convention, article 7 of the convention, which relates to investment credit, shall become effective for the United States only after an exchange of notes between the Contracting States, establishing the effective date of such article, has been approved by the Senate in accordance with the procedure set forth in article II, section 2, of the Constitution of the United States. Until such effective date, a suspension of the investment credit shall be deemed to be in effect within the meaning of paragraph (4) of article 7 and paragraph 6(b) of article 30." 2. "The Government of the United States of America does not accept article 22 of the convention relating to deductions for charitable contributions." Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Convention Between the United States of America and the French Republic With Respect to Taxes on Income, signed at Paris on July 28, 1967, subject to the following reservation: "The extension of this convention to the overseas territories of the French Republic, referred to in article 29, and the adjustments in the provisions of this convention, referred to in article 30(3), shall become effective for the United States only in accordance with the procedure set forth in article II, section 2, of the Constitution of the United States." Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to ratification of the Convention Between the United States of America and the Republic of the Philippines for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion With Respect to Taxes on Income, signed at Washington on October 5, 1964, subject to the following reservation: "The Government of the United States of America does not accept article 18 of the convention relating to deductions for charitable contributions." On motion by Mr. Mansfield, the reservations appended to the above resolutions of ratification were agreed to en bloc. UNANIMOUS-CONSENT AGREEMENT On motion by Mr. Mansfield, the following unanimous-consent agreement was entered: Ordered, That at 12 noon on Thursday, June 6, 1968, the Senate proceed to vote on the resolution of ratification to the Tax Convention With Brazil (Ex. J, 90th Cong., first sess.); to be followed by a vote on the resolution of ratification to the Tax Convention With France (Ex. N, 90th Cong., first sess.); and then by a vote on the resolution of ratification to the Tax Convention With the Philippines (Ex. D, 89th Cong., first sess.). LEGISLATIVE SESSION. On motion by Mr. Mansfield, and by unanimous consent, the Senate returned to legislative session. THURSDAY, JUNE 6, 1968 EXECUTIVE SESSION Pursuant to the unanimous-consent agreement of June 4, 1968, the Senate proceed to the consideration of executive business to vote on three treaties on the Treaty Calendar, with the Vice President in the chair. YEAS AND NAYS ORDERED On motion by Mr. Mansfield, and by unanimous consent, the yeas and nays were ordered on the pending treaties. TREATY VOTES In accordance with the previous order, the Senate proceeded to vote on the resolution of ratification, with reservations, to the Tax Convention. With Brazil (Ex. J, 90th Cong., first sess.), and the bill clerk called the roll (No. 175 Ex.) and It was decided in the affirmative-yeas 78, nays 0-as follows: Yeas: Aiken, Allott, Bartlett, Bayh, Bennett, Boggs, Brewster, Brooke, Burdick, Byrd of Virginia, Byrd of West Virginia, Cannon, Carlson, Case, Church, Clark, Cooper, Cotton, Curtis, Dirksen, Dodd, Eastland, Ellender, Fannin, Fong, Griffin, Gruening, Hansen, Hart, Hartke, Hatfield, Hayden, Hickenlooper, Hill, Holland, Hruska, Jackson, Javits, Jordan of Idaho, Lausche, Long of Louisiana, Magnuson, Mansfield, McClellan, McGee, McGovern, McIntyre, Metcalf, Mondale, Monroney, Morse, Morton, Moss, Mundt, Murphy, Muskie, Nelson, Pastore, Pearson, Pell, Percy, Prouty, Proxmire, Randolph, Ribicoff, Scott, Smathers, Smith, Spong, Stennis, Symington, Talmadge, Thurmond, Tower, Tydings, Williams of Delaware, Yarborough, and Young of North Dakota-78. No Senator voted in the negative. Not voting: Anderson, Baker, Bible, Dominick, Ervin, Fulbright, Gore, Harris, Hollings, Inouye, Jordan of North Carolina, Kennedy, Kuchel, Long of Missouri, McCarthy, Miller, Montoya, Russell, Sparkman, Williams of New Jersey, and Young of Ohio-21. Two-thirds of the Senators present and voting having voted in the affirmative, the resolution of ratification, with reservations, was agreed to. In accordance with the previous order, the Senate next proceeded to vote on the resolution of ratification, with a reservation, to the Tax Convention With France (Ex. N, 90th Cong., first sess.), and the legislative clerk called the roll (No. 176 Ex.) and It was decided in the affirmative yeas 78, nays 0-as follows: Yeas: Aiken, Allott, Bartlett Bayh, Bennett, Boggs, Brewster, Brooke, Burdick, Byrd of Virginia, Byrd of West Virginia, Cannon, Carlson, Case, Church, Clark, Cooper, Cotton, Curtis, Dirksen, Dodd, Eastland, Ellender, Fannin, Fong, Griffin, Gruening, Hansen, Harris, Hart, Hartke, Hatfield, Hayden, Hickenlooper, Hill, Holland, Hruska, Jackson, Javits, Jordan of Idaho, Lausche, Long of Louisiana, Magnuson, Mansfield, McClellan, McGee, McGovern, McIntyre, Metcalf, Mondale, Monroney, Morse, Morton, Moss, Mundt, Murphy, Muskie, Nelson, Pastore, Pearson, Pell, Percy, Prouty, Proxmire, Randolph, Ribicoff, Scott, Smith Spong, Stennis, Symington, Talmadge, Thurmond, Tower, Tydings, Williams of Delaware, Yarborough, and Young of North Dakota-78. No Senator voted in the negative. Not voting: Anderson, Baker, Bible, Dominick, Ervin, Fulbright, Gore, Hollings, Inouye, Jordan of North Carolina, Kennedy, Kuchel, Long of Missouri, McCarthy, Miller, Montoya, Russell, Smathers, Sparkman, Williams of New Jersey, and Young of Ohio-21. Two-thirds of the Senators present and voting having voted in the affirmative, the resolution of ratification, with a reservation, was agreed to. In accordance with the previous order, the Senate next proceeded to vote on the resolution of ratification, with a reservation, to the Tax Convention With the Philippines (Ex. D, 89th Cong., first sess.), and the bill clerk called the roll (No. 177 Ex.) and It was decided in the affirmative-yeas 79, nays 0-as follows: Yeas: Aiken, Allott, Bartlett, Bayh, Bennett, Boggs, Brewster, Brooke, Burdick, Byrd of Virginia, Byrd of West Virginia, Cannon, Carlson, Case, Church, Clark, Cooper, Cotton, Curtis, Dirksen, Dodd, Eastland, Ellender, Fannin, Fong, Griffin, Gruening, Hansen, Harris, Hart, Hartke, Hatfield, Hayden, Hickenlooper, Hill, Holland, Hruska, Jackson, Javits, Jordan of Idaho, Lausche, Long of Louisiana, Magnuson, Mansfield, McClellan, McGee, McGovern, McIntyre, Metcalf, Mondale, Monroney, Morse, Morton, Moss, Mundt, Murphy, Muskie, Nelson, Pastore, Pearson, Pell, Percy, Prouty, Proxmire, Randolph, Ribicoff, Scott, Smathers, Smith, Spong, Stennis, Symington, Talmadge, Thurmond, Tower, Tydings, Williams of Delaware, Yarborough and Young of North Dakota-79. No Senator voted in the negative. Not voting: Anderson, Baker, Bible, Dominick, Ervin, Fulbright, Gore, Hollings, Inouye, Jordan of North Carolina, Kennedy, Kuchel, Long of Missouri, McCarthy, Miller, Montoya, Russell, Sparkman, Williams of New Jersey, and Young of Ohio-20. Two-thirds of the Senators present and voting having voted in the affirmative, the resolution of ratification, with a reservation, was agreed to. LEGISLATIVE SESSION The Senate returned to legislative session. MESSAGES REFERRED During legislative session, the Presiding Officer (Mr. McGovern) laid before the Senate, as in executive session, the following messages from the President of the United States, transmitting nominations, which were referred as indicated: THE WHITE HOUSE, June 6, 1968. To the Senate of the United States: To the Committee on Finance. To the Senate of the United States: THE WHITE HOUSE, June 6, 1968. I nominate James H. McCrocklin, of Texas, to be Under Secretary of Health, Education, and Welfare vice Wilbur J. Cohen. To the Committee on Finance. To the Senate of the United States: LYNDON B. JOHNSON. THE WHITE HOUSE, June 6, 1968. I nominate Lt. Gen. Ralph K. Rottet, U.S. Marine Corps, for appointment to the grade of lieutenant general on the retired list, in accordance with the provisions of title 10, United States Code, section 5233, effective from the date of his retirement. LYNDON B. JOHNSON. To the Committee on Armed Services. |
