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be authorized and appropriated as part of the overall legislative program for the rehabilitation of addicts.

In conclusion, the Committee on Youth and Correction congratulates the sponsors of this legislation for their enlightened concern with the problem of narcotic addiction and urges passage in this session of legislation which includes the recommendations in this statement.

THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK,
COMMITTEE ON FEDERAL LEGISLATION,
New York, N.Y., May 6, 1966.

Hon. JOHN L. MCCLELLAN,

Chairman, Subcommittee on Criminal Laws and Procedures,
Committee on the Judiciary,

U.S. Senate, Washington, D.C.

DEAR SENATOR MCCLELLAN: I enclose a galley proof of our report on "Proposed Legislation on Control of Organized Crime". You will note that this report relates to S. 2187, S. 2188, S. 2189 and S. 2190, all introduced in the 89th Cong., 1st Sess. (1965).

It is my understanding that your Sub-Committee has been holding hearings on these measures among others. We respectfully request that our report be included in the record and the printed transcript of these hearings.

In due course the report will be printed in our Federal Legislation Bulletin which will be sent to every member of Congress.

Sincerely yours,

[Enclosure]

FRED N. FISHMAN.

PROPOSED LEGISLATION ON CONTROL OF ORGANIZED CRIME BY THE COMMITTEE OF FEDERAL LEGISLATION

I. INTRODUCTION

This report discusses four bills introduced in the Senate, 89th Cong., 1st Sess (1965), by Senators McClellan and Lausche to deal with crime. These bills, which are principally directed at so-called organized crime, are:

(a) S. 2187. This bill makes it a crime to be a member of the Mafia or any other organized crime syndicate, and makes admissible as evidence of this crime a number of acts not now admissible on the prosecution's direct case. These include, among other things, the giving of bail to a member of a criminal organization, prior conviction of a federal or state offense deemed to be an object of the criminal organization and refusal to cooperate with law enforcement agencies or congressional committees.

(b) S. 2188. This bill extends the laws prohibiting obstruction of justice to obstruction during investigations. The existing legislation applies only to interference with proceedings before a court or grand jury.

(c) S. 2189. This bill revises the laws relating to wiretapping, much along the lines of previous legislation drafted by the Department of Justice, but with some significant changes.

(d) S. 2190. This bill, which is identical to a Department of Justice proposal, extends the immunity laws to four areas considered significant with respect to organized crime: interstate travel in aid of racketeering enterprises, obstructions of justice, fraudulent activities in connection with bankruptcies, and bribery, graft and conflicts of interest.

This Committee has previously reported on similar legislation in two of these four areas. In 1962, this Committee approved the Department of Justice bill on wiretapping (S. 2813, 87th Cong., 1st Sess. (1962)), with some reservations and suggestions for change.1 Concurrently with our report, the Committee on the Bill of Rights issued a report which disapproved the same bill. In the July 7, 1954 Report on Pending Immunity Bills, this Committee treated then pending immunity bills and analyzed the immunity question in some detail. In summary, the Committee approved immunity legislation for court and grand jury proceedings, but not for hearings before congressional committees.

1 Reports of Committees of N.Y.C.B.A. Concerned with Federal Legislation 93 (1962). 2 Id. at 126.

CUBAN REFUGEE PROBLEM

WEDNESDAY, MARCH 23, 1966

U.S. SENATE,

SUBCOMMITTEE ON REFUGEES AND ESCAPEES OF THE

COMMITTEE ON THE JUDICIARY,

Washington, D.C.

The subcommittee met, pursuant to notice, at 9:30 a.m., in room 457, Old Senate Office Building, Senator Edward Kennedy of Massachusetts (chairman of the subcommittee) presiding.

Present: Senators Kennedy and Fong.

Also present: George Abrams, general counsel; Dale S. de Haan, research consultant; and Mrs. Theresa Greenly, secretary to the subcommittee.

Chairman KENNEDY. Today's hearing opens public inquiry into the current flow of refugees from Cuba. Last November, through the Swiss Embassy in Havana, the United States and Cuba concluded a memorandum of understanding, which provided for a regular monthly airlift of some 4,000 refugees to Miami. Under this agreement, nearly 14,000 men, women, and children have come to the United States since the first of December.

Most of them have joined immediate members of their family already present in this country. The incoming Cubans are being assisted in resettlement under the Cuban refugee program, administered by the Department of Health, Education, and Welfare, in cooperation with several private voluntary agencies.

The Cuban refugee program is first and foremost an essential humanitarian act by the American people. But I also hope it shows to all people the willingness of this Nation to help those in need who stand with the United States for personal freedom and democratic development in the Western Hemisphere.

A report issued by this subcommittee nearly a year ago recommended that every effort be made to find a formula for reuniting separated refugee families. On the Senate floor last October 5, I supported the efforts and success of President Johnson in concluding a memorandum of understanding which gave promise of reuniting these families.

I was thinking of the many thousands of unaccompanied children who were sent to the United States by their parents during the earlier days of the Castro regime.

I was thinking of the many refugee families whose normal breadwinner, or whose mother, remained outside this country. I was thinking of the thousands of political prisoners, many with close relatives in this country, who were suffering harsh treatment in Cuba's jails.

The memorandum of understanding is providing an important vehicle for reuniting refugee families. I am concerned, however, that the agreement does not cover the release of political prisoners and special humanitarian cases. I hope our Government is making every effort in this direction.

Since Castro's coming to power in January of 1959, some 275,000 Cubans have been given asylum in the United States. The influx was small in the early days of the Castro regime, but rapidly increased as the Cuban revolution gained momentum and its Communist, totalitarian character emerged. For nearly 2 years, beginning in late 1960, the arrivals in Miami numbered some 1,500 to 2,000 persons weekly. The flow was hampered only by the rupture in Cuban-American relations and the restrictions imposed by the Cuban Government.

This Cuban exodus ended abruptly during the missile crisis in October 1962. Those who did enter the United States during the next 3 years included several hundred refugees who departed their homeland on ships returning to the United States, following the delivery of medical supplies in connection with the agreement on prisoners. Others have come via third countries, chiefly Mexico and Spain. Still others have fled, and continue to flee, under adverse and hazardous conditions, using small boats and the waters between Cuba and the United States as their means to freedom.

The American people, especially the citizens of Miami and Dade County, Fla., have responded generously to the needs of the Cubans. To assist this effort, in January of 1961, President Kennedy established the Cuban refugee program. The goal of this program has been the resettlement of refugees throughout our 50 States-for resettlement provides most Cubans with the opportunity to live reasonably normal and productive lives, until conditions permit an assisted return to their homeland, or for those who wish it, to elect American citizenship. I should add, that the private voluntary agencies are providing the essential links between the program of Government and the humans in need.

The Cuban refugee problem has been a major concern of this subcommittee for the last 5 years. The subcommittee has conducted intensive inquiries into the operation of the refugee program, and has made a number of specific recommendations which have, in large part, been carried out by officials in the executive branch. Today's hearing and those which follow are prompted by the new influx of refugees.

We are interested in the background, operation, and significance of the memorandum of understanding, and its effect on Cuban-American relations. We are interested in conditions in Cuba which lead to the exodus of so many of its citizens. There is every reason to believe that the conditions for the Cuban people are worsening. The economy is chaotic, and the Government's totalitarian techniques against the people are being intensified daily.

We are interested in the stability of the Castro government, and its ability to export subversion and revolution to the countries of this hemisphere, which in turn may confront the American States with new refugee problems.

We are interested in the effectiveness of the Cuban refugee program and the resettlement experience of refugees throughout the country

and for this purpose the subcommittee will travel to New York and a number of other cities to investigate the resettlement program.

Of special concern to the subcommittee are a number of issues reflected in the mail to Members of Congress. These issues include the number of Cubans on public welfare rolls, the impact of refugees in the labor market, alleged security problems, and incidents of crime and drug peddling involving Cuban nationals.

Perhaps a less dramatic, but a most important issue, concerns the inability of most Cubans to practice their profession or skill, and to maximize their contributions to our society, because of their immigration status as parolees rather than permanent residents. The talents of many doctors, nurses, teachers, lawyers, skilled workers, barbers, and others, are going to waste because of their present immigration status. I strongly believe that a formula is urgently needed to adjust their status, and have cosponsored a bill in the Senate for that purpose. The subcommittee anticipates filing a report of its findings and recommendations following the conclusion of this inquiry.

The first witness this morning is Mr. Robert M. Sayre, Deputy Assistant Secretary for Inter-American Affairs. Mr. Sayre, I know that you are accompanied by Mr. Robert A. Stevenson, Coordinator of Cuban Affairs.

STATEMENT OF ROBERT M. SAYRE, DEPUTY ASSISTANT SECRETARY OF STATE FOR INTER-AMERICAN AFFAIRS; ACCOMPANIED BY ROBERT A. STEVENSON, COORDINATOR OF CUBAN AFFAIRS Mr. SAYRE. Yes, Mr. Robert A Stevenson is on my left. He is the Coordinator of Cuban Affairs. Mr. Chairman, I would like to submit this statement for the record. I would like to run over a few of the high points briefly to bring them especially to the attention of the subcommittee.

I am grateful for this opportunity to review with you the latest developments with regard to the movement of Cuban refugees to the United States and to comment on other aspects of the Cuban scene which I believe will be of interest.

The present movement of refugees by U.S. Government chartered aircraft from Varadero, Cuba, to the Miami International Airport which began on December 1, 1965, is in response to President Johnson's declaration included in his remarks at the Statue of Liberty on October 3, 1965, on the occasion of the signing of the new immigration bill in which he said in part:

But those who come will come because of what they are not because of the land from which they spring-it is in that spirit that I declare to the people of Cuba that those who seek refuge here will find it.

The dedication of America to our traditions as an asylum for the oppressed will be upheld. I have directed the Departments of State, Justice, and Health, Education, and Welfare to make all necessary arrangements to permit those in Cuba who seek freedom to make an orderly entry into the United States.

Our first concern will be with those Cubans who have been separated from children, parents, and husbands and wives now in this country. Our next concern is with those who are imprisoned for political reasons.

A few days earlier, on September 28, and again on September 30, the Prime Minister of Cuba, Fidel Castro, had declared that Cuban

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