TRANSFER OF EXECUTIVE POWER ON THE EXPIRATION OF TERM OF OFFICE OF PRESIDENT AND INAUGURATION OF A NEW PRESIDENT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP66B00403R000300150009-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 23, 2016
• Document Release Date: February 3, 2014
• Sequence Number: 9
• Publication Date: October 17, 1963
• Content Type: OPEN SOURCE

Declassified and Approved For Release 2014/02/03: CIA-RDP66B00403R000300150009-5
18750 CONGRESSIONAL RECORD ? SENATE
Let me say again that when the Con-
gress passed a bill in 1957 to include dis-
trict judge representation on the judi-
cial conference of the United States, it
became quite evident great benefits were
to be received by the judiciary as a
whole, by reason of the additional knowl-
edge of the district judges participating
in these conferences.
Under the provisions of this bill, each
circuit having five or more circuit
judges in regular active service would
have added to the judicial council two
district judges. One of these district
judges would be the district judge who
represents the circuit on the judicial
conference of the United States. The
second district judge would be one who
serves a district within the circuit other
than the one represented by the district
Judge who is a member of the judicial
conference. An exception is provided
for, however, for the District of Colum-
bia, which circuit is composed of a single
district and, thus the two district judges
would be from the District of Columbia.
The bill also provides that each judi-
cial council have a secretary who shall
be the clerk of the U.S. Court of Appeals.
At present, one of the circuit Judges
would normally act as the secretary.
The designation by law of the clerk of
the U.S. Court of Appeals of each
circuit to be the secretary to the
council will result in the responsibility
being placed permanently in one indi-
vidual. That responsibility will require
keeping the records of the proceedings
of the Judicial council meetings so that
at all times it can be referred to as
needed. Under the present system, I am
informed, records of meetings are not
kept in Many instances.
Mr. President, let may again say that
on two occasions the judicial conference
of the United States wholeheartedly ap-
proved this legislation. On three occa-
sions the Senate Committee on the Ju-
diciary approved this legislation and
rejected any amendments. In addition
thereto, the House of Representatives has
approved this legislation in the form of
H.R. 8990 of the 87th Congress.
After a complete and thorough study
of its merits, this legislation has been
submitted to the Senate by the Com-
mittee on the Judiciary for its approval.
I sincerely hone that the Senate will
in its consideration of this legislation
accept the recommendation made by the
Onmmittee and pass the bill
as renorted.
Mr. President, at this time I invite
attention to the fact that the Senator
from Ari7ona (Mr. HAYDENI wishes to
offer an amendment to the bill, which
I have agreed to accept.
MaNgF,FT.D. Mr. President. will
the Fonntoi. riri,fi to me?
Mr. ,Ln141,IsTON. I yield.
Mr. MANSF,Eli.D. Is my understand-
ing correct that the amendment ms,ets
with the approval of the distinguished
Senator from New York I Mr. KEATING"
the distinguished Senator from Nebraska
(Mr. HIILLSKA . the distinguished Senator
from Montana I Mr. METCALF 1. and other
Senators who are interested in this par-
ticular measure?
Mr. JOHNSTON. I believe all have
agreed to the amendment, without a
great deal of objection. There was an-
other amendment which I believe the
Senator from New York [Mr. KEATING]
wished to offer, but this amendment
meets with his approval, according to my
understanding.
Mr. KEATING. Mr. President, if the
Senator will yield to me, it does. The
amendment I intended to offer, which
was defeated in the committee, would not
have gone as far as the amendment of
the distinguished Senator from Arizona
[Mr. HAYDEN]. I am sure the Senator
from South Carolina realizes that. I am
delighted that the Senator from Arizona
got into the act, because that has helped
the legislation considerably.
Mr. MANSFIELD. Mr. President, I
offer the amendment on behalf of the
Senator from Arizona.
The PRESIDING OFFICER (Mr. ED-
mormsoN in the chair). The amendment
will be stated for the information of the
Senate.
Mr. MANSFIELD. Mr. President, I
ask unanimous consent that the amend-
ment may be considered as read, and may
be printed in the RECORD.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The amendment, ordered to be printed
in the RECORD, is as follows:
Beginning with line 3, page 1, strike out
all to and including line 14, page 2, and
Inserting in lieu thereof the following:
That (a) section 932 of title 28 of the
United States Code is amended by striking
out the first and second paragraphs thereof,
and inserting in lieu thereof the following:
"The chief judge of each circuit shall call,
at least twice in each year and at such
places as he may designate, a council known
as the judicial council of the circuit at
which he shall preside. The Membership of
the judicial council of the circuit shall in-
clude all circuit judges for the circuit in
regular active service and, upon affirmative
vote cast by a majority of such circuit
judges, may include (1) the district judge
in regular active service from such circuit
selected as provided in section 331 of this
title to serve as a member of the Judicial
Conference of the United States, and (2)
in any circuit having five or more circuit
judges in regular active service, an addi-
tional district judge in regular active serv-
ice who shall be chosen for a three-year term
by the district judges in regular active serv-
ice of the circuit at the next annual judicial
conference of the circuit held after the con-
ference at which the district judge in regu-
lar active service is selected to serve as a
member of the Judicial Conference of the
United States. Except in the District of
Columbia circuit, such additional district
Judge shall be from a different district than
the district judge then serving as a member
of the Judicial Conference of the United
States as provided in section 331 of this
title. Each member of the council. unless
excused by the chief Judge. shall attend all
sessions of the council."
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment offered by the Senator from Mon-
tana Mr. MANSFIELD 1 on behalf of the
Senator from Arizona [Mr. HAYDEN].
The amendment was agreed to.
ThePRESIDING OFFICER. The
bill is open to further amendment. If
there be no further amendment to be
October 17
proposed, the question is on the en-
grossment and third reading of the bill.
The bill (S. 979) was ordered to be
engrossed for a third reading, was 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 (a)
section 332 of title 28 of the United States
Code is amended by striking out the first
and second paragraphs thereof, and in-
serting in lieu thereof the following:
"The chief judge of each circuit shall call,
at least twice in each year and at such
places as he may designate, a council known ,
as the judicial council of the circuit at which
he shall preside. The membership of the
judicial council of the circuit shall include
all circuit judges for the circuit in regular ?
active service and, upon affirmative vote
cast by a majority of such circuit judges,
may include (1) the district judge in regu-
lar active service from such circuit selected
as provided in section 331 of this title to
serve as a member of the Judicial Confer-
ence of the United States, and (2) in any
circuit having five or more circuit Judges in
regular active service, an additional district
judge in regular active service who shall be
chosen for a three-year term by the district
judges in regular active service of the circuit
at the next annual Judicial conference of the
circuit held after the conference at which
the district judge in regular active service
Is selected to serve as a member of the
Judicial Conference of the united States.
Except in the District of Columbia circuit,
such additional district judge shall be from
a different district than the district judge
then serving as a member of the Judicial
Conference of the United States as provided
in section 391 of this title. Each member of is
the council, unless excused by the chief
Judge, shall attend all sessions of the coun-
cil."
(b) Such section is further amended by
adding at the end thereof the following new
Paragraph:
"Each judicial council shall have a sec-
retary, who shall be the clerk of the United
States court of appeals."
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TRANSFER OF EXECUTIVE POWER
ON THE EXPIRATION OF TERM OF
OFFICE OF PRESIDENT AND INAU-
GURATION OF A NEW PRESIDENT ,
Mr. MANSFIELD, Mr. President, I
ask unanimous consent that the unfln-
ished business be temporarily laid aside
and that the Senate proceed to the con- ?
sideration of Calendar No. 424, H.R.
4638,
The PRESIDING OFFICER. The bill
will be stated by title for the information
of the Senate.
The LEGISLATIVE CLERK. A bill (WM
4638) to promote the orderly transfer of
the Executive power in connection with
the expiration of the term of office of a
President and the inauguration of a new
President.
The PRESIDING OFFICER. Is there
objection of the request by the Senator
from Montana?
There being no objection, the Senate
proceeded to consider tht, bill.
Mr. JAVITS. Mr. President, may we
have an explanation of the bill?
Mr. MANSFIELD. Mr. President, in
response to the question raised by the
distinguished Senator from New York,
the bill would promote the orderly trans-
fer of executive power in connection with
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1'963
CONGRESSIONAL RECORD ? SENATE
the expiration of the term of office of a
President and the inauguration of a new
President.
The Senator will recall that a great
deal of money has been expended, on a
private or national committee basis, in
times Past when a transfer of power has
been made from one President to an-
other., In an attempt to face this par-
ticular diSculty, the Committee on Gov-
ernment Operations. of which the Sena-
tor from New York is a distinguished
member, reported H.R. 4638. In respect
to the bill, the policy committee gave
serious consideration to the amount pro-
posed by the committee. It is my inten-
tion, in line with instructions from the
policy committee, and in accord with the
Moms of the Senator from Arkansas [Mr.
WOCznarail and of the Senator from
Washington [Mr. Jacitsowl, to offer an
aniendment to reduce the amount from
01.3 nation to 000,000.
sir. JAVITS. I thank the Senator
from Montana. That was the reason
wig I embed for the explanation. I knew
Res to be a reduction.
Iluingru:La Yes.
?Us wars. I also wished to 'empha-
jiligiittot ties bill was one of the products
WW1 of the subcommittee headed
00k-from Washington Dlr.
V on which I also have the
Aoserve, which subcommittee deals
Ilio-miandee of powers by the ex-
ilitANSPISMD. If my information
-101168811ilb.-and I think it is?this matter
Idlen inecussed with the dia-
tom Iowa [Mr.
Monitimi about the
? / believe # has been
Mewed so far as he is
I send two amendments
Seikaill ask thst they be stated.
04The' .FRIMIESPIG OFFICER. The
lailikydRatede the amendments.
- Leinessayi Cum. It is Pro-
CU:ratline line 10, to strike out
and Insert "SMOAK"
PRIEKDIRM OFFICER. The
41.101111 icon agreeing to the amend-
. 10Mailinlat was agreed to.
Yam PREIMINO OFFICER. The
aunt samembaent will be stated.
The *mums Cum. It is pro-
he insert the following language:
mt Page 11. hoe 10, after the word
Ilnalanmal transition, to remain available
Miring the LW year in which the transition
earns enema next embossing.
The PRZSDRHO wpm= The
question IS On agreeing to the amend-
ment:
The amendment was agreed to.
The summdments were ordered to be
engrossed, and the bill to be read a third
time.
The bill was read the third time and
passed.
Mr. HUMPHREY subsequently said:
President, the Senator from Wash-
ington [Mr. JACKSON] and the Senator
from Iowa [Mr. Wurzel wish to engage
In a colloquy, in order to clarify certain
matters In connection with House bill
4638, which was passed earlier today.
? It will take only a brief time to bring
up the bill for reconsideration, in order
to permit the Senator from Iowa to ask
certain questions of the Senator from
Washington.
Mr. MILLER. Mr. President, I thank
the Senator from Minnesota.
I now enter a motion that the Senate
reconsider the votes by which the amend-
ments to House bill 4638 were ordered to
be engrossed and the bill was read the
third time and passed.
The PRESIDING OFFICER. memo-
tion will be received, under the rule.
Mr. MILLER. Mr. President, I now
move that the Senate reconsider those
votes.
The PRESIDING OFFICER. The
question is on agreeing to the motion
that the Senate reconsider the votes by
which the amendments to House bill 4638
were ordered to be engrossed and the bill
Was read the third time and passed.
Mr. MILLER. Mr. President, I re-
gret that I was not on the floor at the
time when the bill was previously acted
on. I had indicated that I might have
sonic objection, or at least some ques-
tion about certain provisions of the bill.
I appreciate the deference of the ma-
jority whip. the Senator from Minne-
sota [Mr. Hournitsirl, in permitting the
bill to be reconsidered at this time eo
that I may have an opportunity to a& a
few questions of the Senator from Wash-
ington about the bill.
I should like to ask questions about
three parts of the bill.
The first question relates to the
amount of money which would be au-
t4redia. .. ped by the House would
as shown en page 0 of the bill.
have authorised $1,800,000 for the pur-
pose of paying the administrative and
service expenditures of incoming and
outgoing Presidents and Vice Presidents
An amendment was offered and accented
which would reduce that amount to
$500,000.
My question is whether even that re-
duced amount is neceasary. Can we get
by with less than $500,000? I would ap-
preciate a little enlightenment on the
point from the Senator from Washing-
ton.
Mr. JACKSON. As the amenduniat
was agreed to, the $5001100 represented
the maximum amount that the Appro-
priations Committee would be authorised
to appropriate. Therefore, If there WM
no need for the maximum amoun4, the
appropriation could be less.
In 1960 I served as chairman of the
Democratic National Committee. One
of the burdens placed on the committee
was the payment of costa that had been
Incurred between the time of the elec-
tion in November and the assumption of
Mike by the President in January.
Those costs amounted to a very substan-
tial sum of money. I do not believe we
ought to go through that process again,
regardless of who the incoming President
or Vice President should be. It is an un-
fair burden to be placed on the shoulders
of either the Democratic National Com-
mittee or the Republican National Com-
mittee. It involves essential Government
expenses that are necessary and perti-
nent to the job of the Presidency and
the Vice Presidency.
Mr. MILLER. I share the view of the
Senator from Washington that such
burden should not properly be placed
upon the incoming or the Outgoing Presi-
dent or Vice President. I would cer-
tainly like to see something done about
it. My only question ft whether we
should authorize the amount of $500,000.
The House sent to the Senate a bilt ?
If Senators will look in the report of the
committee, they will see that the sum of
$1,300,000 was the rock bottom amoUnt
which would be authorized. The Senate
has adopted an amendment Which. would
cut the amount to $500.000. "
I am wondering whether this Is at far
as we should go. We certainly do not
wish to see unnecessary expenditures in-.
eluded in this proposal. What would Ii
the mechanics involved? Wouldtha Aff???
propriations Committee in, let us sey. The
year 1964, come out with a roglanit BSI
an appropriation within the EMIR Of the -
authorization, of would the
tion request request come out Mine tinlep MO*
ary of 1965, let us wry, With
transition which, might !dot
1964? Can the Senator
that point?N. ?
Mr. JACKSO' I would
.a
awn less than 9500.000
be appropriated hi the
1964, ?nth the stimaatiatt that
was to be a defletency.it Mantilitia
care of in 1905. IwesaIdnot
tura what that sum shcold
But I would assume slat Is
some reasonable amount
than the total authorised*
Mr, HUMETIRBY. ut.
the &motor yield?
Mr. JACRSON. IMAM&
3tr? HUMPHREY,
no transition In WA that
be returned to the 1emmen..--10
coned?
Mr. JACKSON. Catmint%
dent, I am dealing may AMR
titiout situnkm. purely
rest of the dialog bore *a Ws
of the legislative nosni. ?
Egr, MILER. Is the
frosting that the elanatortlient
sets will change the lewd
later this fidl or next fail? .
Kr. President, I no twasiateAliik
sponses on that point. 7114 nediaerm
much relieved anaparod WSW isbairM
was prior to the reduction of the
saamount of the authorization tO
I have two additional ilneoffinst. On
page?. the bin provides that the mpg-
tion expenditures will be available JO
both the outgoing President and the et*.
going Vice President. The 01?441110
Brim as to whether or not such eapandI4
tures really are necessary for an mit.
going Vice President. I can understand
the problem with respect to an outgoing
President because of the vast number of
duties, Personnel, and problems that WO
entailed in the White House. But It
seems to me that, for all _practical Mir??
poses, the outgoing Vice President does
not have much more in the way of prob-
lems than does an outgoing II.S. Senator.
I am wondering whether the hilt should
be directed at both an outgoing Presi-
dent and an outgoing Vice President. I
do not believe there was any statement
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18752 CONGRESSIONAL
in the conference report to indicate the
justification.
Mr. JACKSON. Today the Vice Presi-
dent of the United States has duties and
responsibilities far greater than in the
past., For example, currently the Vice
President of the United States is serving
as head of the Space Advisory Commis-
sion. He serves with the National Se-
curity Council.
The previous Vice President had simi-
lar broad responsibilities. The Vice
President is concerned with subjects re-
lated not merely to one State, but to all
SO States. The present burdens of the
aloe of Vim President are such that it
is reasenable and proper that he should
be Included in the period of allowance of
11 Months after he leaves office to take
Ohre of the necessary transition to pri-
*Me life. I do not believe that is un-
Meigemble.
- Mr./MAX& I wonder if the Senator
tin& Washington could indicate whether
he had any temorienoe in that connec-
' &ft
en has had any familiarity with the
0 r Use transition of an outgoing
President heretofore, or whether or
Ithatight think that the. costa of an
VisePresident with respect to.
Oil leaking Security Council
.40111; st the other commisdons or
Offiffildttoir which the Vice President
Woeld not be borne by those agen-
meths._ _ _noinseitteor anyway.
witt ? I1i=18028. That Is true so far as
lieffilnia' Organisation is concerned.
?0.016614?07 he will have cor-
ed& people in private ma-
tte or in other areas of our
ffilleffir Nett Woad necessitate proper
?~stee*". Seshinquirtes. In addition,
SUP Man* linddenbl mass all his re-
111011ffitlitiss and duties in that office or
-Wit bible onoe. It is difficult enough
illadeffies Former Senators have
Mr Chat When they left dike, the
ffiking eint of the mail alone was
em. I cannot help but feel
'ditties and responsibilities of
if Vies President today are
that the provisions of section 4 are
Mremanable. Mink they are en-
. Engler.
MILLER. In any event, the
itesount Wield have to be justified before
the Committee on Appropriations before
It 'meld be appropriated for that pur-
l/Ma.
Mr. JACKSON. The Senator is cor-
net.
- Mr. MILLER. I thank my colleague.
The laid- question I have relates to
Page 6 of the bill `on which there is a
?envision which, in effect, states that up
*0 20 percent of the amount of these ex-
penditures can be of a confidential na-
ture. 'I can understand, during the term
of office of a President, the need for cer-
tain amounts of .conlidential expendi-
tures.
It is my understanding that for many
years there has been a fund which the
President has had at his disposal for
this purpose. but I must confess that I
cannot understand why, in addition, dur-
ing the transition period of an outgoing
President or an incoming President, we
should provide for up to 20 percent of the
funds to be of a confidential nature. I
RECORD ? SENATE
believe, frankly, since this Is the first
time this type of legislation is being con-
sidered, that it might be a very good
thing to keep them all subject to public
scrutiny, so that we will know exactly
how these funds are being used. If, per-
chance, there should be anything of a
highly confidential nature, I would hope
that the incoming or outgoing President
or vice President would take money out
of his own pocket to take care of that.
During the period of his term of office
he could use the fund which is now avail-
able for confidential purposes, without
having to resort to the transition money.
I would appreciate it very much if the
Senator from Washington could possibly
see his way clear to remove this Part of
the bill, or at least to take it out and go
to conference on it.
Mr. JACKSON. If we assume?and it
Is certainly a correct assumption?that
the President of the United States has
business of an extremely confidential na-
ture to transact, this very assumption
applies to the period when he is getting
ready to assume the duties and responsi-
bilities of the Presidency. Logically, it
seems to me that this Period is of NMI
Importance to the 4-year period of serv-
ice for which he is elected.
I would have no objection to the dele-
tion of the sentence to which the Sena-
tor refers, starting on page 6, line 20,
through Page 7, line 2, with the under-
standing, that we shall take the amend-
ment to conference to see what can be
worked out.
Mr. MILLER. I thank the Senator.
and I appreciate it.
Mr. President, may I inquire of the
Chair what is the status of the bill?
The PRESIDING OFFICER. The
Senate is considering the motion to re-
consider the votes by which the amend-
ments were ordered to be engrossed, by
which the bill was read the third time,
and by which the bill was passed.
Mr. MILLER. Mr. President, before
adopting another amendment to the bill,
the Senate would have to act on that mo-
tion.
Mr. President, I now ask for a vote
on my motion with the understanding
that the reason for this is that we may
have an amendment adopted to the bill
and then have it passed.
The PRESIDING OFFICER (Mr.
Mclirrysx in the chair). The question
Is on the motion to reconsider made by
the Senator from Iowa.
The motion was agreed to.
Mr. MILLER. Mr. President, I offer
the amendment which I send to the desk
and ask to have stated.
The PRESIDING OFFICER. The
amendment will be stated for the infor-
mation of the Senate.
The LEGISLATIVE CLERK. On page 6,
line 20, after the word "Act.", it is pro-
posed to strike out:
Not more than 20 per centum of the
total expenditures under this Act for any
President-elect or Vice-President-elect may
be made upon the basis of a certificate by
him or the assistant designated by him pur-
suant to this section that such expenditures
are confidential and that they accord with
the provisions of subsections (a), (b), and
(d) of this section.
October 17
Mr. MILLER. Mr. President, I mov
the adoption of my amendment.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment offered by the Senator from Iowa.
The amendment was agreed to.
The PRESIDING OFFICER. The
bill is open to further amendment. If
there be no further amendment to
proposed, the question is on the en-
grossment of the amendments and third
reading of the bill.
The amendments were ordered to be
engrossed and the bill lobe read a third
time.
The bill (H.R. 4438) was read the third
time and passed.
Mr. JACKSON. Mr. President, I
move to reconsider the vote by which the
bill was passed.
Mr. MILLER, Mr. President, I move
to lay that motion on the table.
The motion to lay on the table was
agreed to.
AMENDMENT OP THE SMALL
RECLAMATION PROJNCTS ACT OP
1956 ?
Mr. MANSPIELD. Mr. President, I
move that the Senate primed to the
consideration of Calendar No. 458, &
The PRESIDING OPPICSEL The
bill will be stated by title.
The loannartm Czaair. A bill (S. 2ffi)
to amend the Small Reclamation Projects
Act of 1956.
VALIDATION OP CERIUM RIC*
ACREAGE ALLCYIIIIENZIE
Mr. MANSFIELD. Mr. President, I ask
unanimous consent that, instead at
Calendar No. 458, Senate bill Wt, the
pending business be Calendar No. 462,
House Joint Resolution 192, having to do
with certain ries acreage allotments.
, The PRESIDING OFFICIO& Is there
objection?
There being no objection. the Senate
resumed the consideration et the feint
resolution (H.J. Res. 192) relating to the
validity of certain rice acreage Idiot-
ments for 1962 and Prior crop years.
ORDER OF BUSINESS
Mr. MANSFIELD. Mr. President, it is
my understanding that the distinguished
Senator from New York [Mr. Javrral
has a speech to make, which would lit in
very nicely at this time. It is the in-
tention of the leadership, after the dis-
position of the rice acreage allotments
bill, to call up Calendar No. 458, S. 283, to
amend the small Reclamation Projects
Act of 1956, and following that, Calen-
dar No. 423, 8. 1543, a bill to repeal that
portion of the act of March 3, 1893,
which prohibits the employment in any
Government service or by pity officer of
the District of Columbia, of any employ-
ee of the Pinkerton Detective Agency or
any similar agency, and following that
to bring up reconsideration of 8. 1914, a
bill to incorporate the Catholic War Vet-
erans. and the reconsideration of S. 1942,
a bill to incorporate the Jewish War
Veterans.
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