PRESIDENTIAL DISABILITY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67B00446R000500170011-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 15, 2016
• Document Release Date: October 9, 2003
• Sequence Number: 11
• Publication Date: January 28, 1965
• Content Type: OPEN

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United States
of America
Vol. 111
c:Ongressional Record
PROCEEDINGS AND DEBATES OF THE 09th CONGRESS, FIRST SESSION
WASHINGTON, THURSDAY, JANUARY 28, 1965 No. 19
House of Representatives
The House met at 12 o'clock noon.
The Chaplain, Rev. Bernard 13raskamp,
D.D., quoted the verse of Scripture:
Deuteronomy 33: 27: The eternal God is
thy refuge and underneath are the ever-
lasting arms.
Let us pray.
0 Thou God of all grace and goodness
may we be conscious of Thy presence
and power as we endeavor to meet
bravely life's stern duties.and demands.
We penitently confess that our hearts
are often cold and callous and we fail to
have a keen sense of our social responsi-
bility and a sincere interest in the welfare
Qf needy humanity.
Grant that in the great adventure of
building a better world we may know
how to coordinate practical common-
sense with lofty idealism.
May we be serenely confident that
light will triumph over darkness and
that the day is dawning when peace and
good will shall be established upon this
earth..
Hear us in the name of the Prince of
Peace. Amen.
THE JOURNAL
The Journal of the proceedings of
yesterday was read and approved.
A message in writing from the Presi-
dent of the United States was communi-
cated to the House by Mr. Ratchford, one
of his secretaries.
MESSAGE FROM THE SENATE
A message from the Senate by Mr.
Arrington, one of its clerks, announced
that the Senate had passed bills of the
following titles, in which the concur-
rence. of the House is requested:
S. 2. An act to amend the Legislative Re-
organization-! of 1946 to provide for more
effective evaluation of the fiscal requirements
of the executive agencies of the Government
of the United States.
S. 507. An act to authorize the Veterans'
Administration to extend aid on account of
defects in properties purchased with financ-
ing assistance under chapter 37, title 38,
United States Code.
The message also announced that the
President of the Senate, pursuant to
Public Law 88-271, appointed Mr. JAVIT5
to be a member of the United States-
Puerto Rico Commission on the Status
of Puerto Rico, vice Mr. Keating.
COMPENSATION OF EMPLOYEES OF
STANDING AND SELECT COMMIT-
TEES
Mr. FRIEDEL. Mr. Speaker, by di-
rection of the Committee on House Ad-
ministration, I call up the resolution,
House Resolution 146, and ask for its
immediate consideration.
The Clerk read the resolution, as fol-
lows :
H. RES. 146
Resolved, That there shall be paid out of
the contingent fund of the House of Repre-
sentatives such sums as may be necessary
to pay the compensation for services per-
formed during the thirty-day period begin-
ning January 3, 1965, by each person (1)
who, on January 2, 1965, was employed by
any standing committee or any select com-
mittee of the Eighty-eighth Congress and
whose salary was paid under authority of a
House resolution adopted during the Eighty-
eighth Congress, and (2) who is certified
by the chairman of the appropriate com-
mittee as performing such services for such
committee during such thirty-day period.
Such compensation shall be paid such per-
son at a rate not to exceed the rate he was
receiving on January 2, 1965.
The resolution was agreed to.
A motion to reconsider was laid on the
table.
WILLIAM McKINLEY, 25TH PRESI-
DENT OF THE UNITED STATES
The SPEAKER. The Chair recognizes
the gentleman from Ohio [Mr. BETTS].
Mr. BETTS. Mr. Speaker, I would like
to take this opportunity on behalf of and
at the request of my colleagues, the gen-
tleman from Ohio [Mr. BROWN], who is
chairman of our Republican delegation in
the House of Representatives as well as
our colleague, the gentleman from Ohio
[Mr. Bow], to announce that the carna-
tions that we see our colleagues wearing
today are being distributed out of respect
for a great Ohioan, President McKinley.
Each year on McKinley's birthday, which
happens to be tomorrow, January 29, we
have always seen to it that Members are
given these carnations and usually some
time is given to permit recognition of the
great services of McKinley to our coun-
try. I may say that the Republican dele-
gation from the State of Chio has seen to
it that the carnations are here this
morning. Of course, I do not mean to
imply that this is done as a partisan
gesture since we have always found a
ready, willing and hearty cooperation, I
might say a bipartisan cooperation, in
this yearly tribute to President McKin-
ley.
We in Ohio are very proud of McKin-
ley as a statesman, a soldier, a Member of
Congress, a Governor, and as President.
As a matter of fact, Mr. McKinley served
with distinction in the House of Repre-
sentatives for many years before becom-
ing President. Here he assumed the
high office of chairman of the Ways
and Means Committee.,
We are quite proud and happy to take
this opportunity to call the attention of
the House to the great services of Mr.
McKinley to his country.
Mr. ALBERT. Mr. Speaker, will the
gentleman yield?
Mr. BETTS. I am glad to yield to the
distinguished majority leader.
Mr. ALBERT. Mr. Speaker, for myself
and I am sure all Members on this side
of the aisle, I wish to say we are always
appreciative of this occasion which is
made possible by our colleagues across
the aisle from the great State of Ohio.
On this day we honor the memory of
one of the great men in the history of
the United States, a man who was tall
among his fellows and who stands tall in
the annals of our Republic.
The gentleman alluded, and I believe
it in order to allude to it again, to the
fact that President McKinley served for
many years as a Member of this body.
He served with great distinction as
chairman of the great Committee on
Ways and Means.
We are reminded now as the body of
Sir Winston Churchill lies in state of
what was said by Members of the House
of Commons the other day when they
were paying tributes to him-that he was
"of the House," meaning, of course, that
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his career had grown out of tie House
of Commons.
I believe it was the service of William
McKinley in the House of Representa-
tives which enabled him to prove his
stature, and from this service he became
not only a President but one of the great
Presidents of our country-a martyred
President, a beloved President, a loyal
and patriotic American who fought for
his country, a statesman of tremendous
vision and breadth. While he is some-
times referred to as one of the more con-
servative Presidents, I believe it can be
truly said that he was really a progres-
sive President in that he worked for those
things which helped to make America
great and prosperous.
I join my colleagues from Ohio in this
tribute to a great former Member of the
House, a great President of the United
States, and a great American who served
his day and generation well.
Mr. BETTS. I thank the gentleman
for his generous remarks and also for as-
sociating the life of President McKinley
with the life of Winston Churchill, to
whom we are also paying tribute at this
time.
(Mr. BETTS asked and was given per-
mission to revise and extend his re-
marks.)
Mr. BETTS. Mr. Speaker, I might
add that the gentleman from Ohio [Mr.
Bowl has always taken an Interest in
these occasions, because President Mc-
Kinley represented the district in Con-
gress which the gentleman today repre-
sents
GENERAL LEAVE TO EXTEND
Mr. BETTS. Mr. Speaker, I ask
unanimous consent that 411 Members
may have 5 legislative days in which to
revise and extend their remarks on the
life and service of former President Mc-
Kinley.
The SPEAKER. Is there objection to
the request of the gentleman from Ohio?
PRESIDENTIAL DISABILITY
(Mr. ROUSH asked and was given per-
mission to address, the House for 1 min-
ute and to revise and extend his re-
marks.)
Mr. ROUSH. Mr. Speaker, within the
past week our attention has, been called
again to the need for a clearly estab-
lished policy relating to Presidential dis-
ability.
All of us are most gratified by the
prompt recovery of President Johnson
from his minor illness. But this should
not minimize the importance or the
urgency of the issue.
The danger inherent in our failure to
make this necessary revision to the Con-
stitution are known to all of us. Even
when the oceans provided buffers of time
add space the need existed. The passage
of the years has only served to emphasize
this need.
At the same time we make this revi-
sion we can also make certain the office
of Vice President will be promptly filled
if any vacancy should occur in the fu-
ture.. During the past two decades this
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CONGRESSIONAL RECORD - HOUSE
office has been vacant for 5 years. During
the history of our Nation the office has
been vacant on 16 different occasions
totali ig more than 37 years.
If `(e act promptly on this matter it is
possible this most necessary amendment
to our Constitution could be effected
within } this year. Forty-seven of our
State legislatures are either in session
or will be in session during 1965. I am
certain the members of those legislative
bodies, also are aware of the urgency
of the issue.
If there are those who do not believe
there is a need for such an amendment
they nave been silent. And I am cer-
tain those who share the belief there is
such 74 need are in a great majority.
The .problem is recognized. The solu-
tion i:. clear. Action is demanded. The
time f o act is upon us.
LONG ISLAND'S CHALLENGE-FROM
ARflENAL OF DEFENSE TO ARSE-
NAi, OF PEACE
(Mr. WOLFF asked and was given
permit sion to address the House for 1
minute and to revise and extend his re-
marks.)
Mr. WOLFF. Mr. Speaker-
The vast defense industry in this Nation
Is a creature of conscious Government policy.
Nowhe:?e in Government at the present time
do we ]lave an agency with the mandate and
the resources adequate to Insure defense-
orienter communitiesand individuals' alter-
native sconomic opportunities.
Tho.ie were the opening remarks of
Senatc r GEORGE MCGOVERN, Democrat,
from South Dakota, made in 1964 In de-
fense of the Economic Conversion Com-
missio:i, May 1964. I concur with the
statem ents; however, let us review briefly
some obvious facts. Long Island has re-
cently been confronted with some very
serious economic problems, primarily as
a result of a marked reduction In de-
fense spending in our area. Just re-
cently--October 4, 1964-the New York
Times reported that Dr. Seymour Mel-
man, of Columbia University, a serious
student of the problems of economic con-
versior. made the estimate that approxi-
mately 71,000 workers are employed in
defens,l-related industries located in
Nassat and Suffolk Counties. When
compa.led to total manufacturing em-
ployment in these two counties, this
means that more than 50 percent of total
manufacturing force in Long Island is
employed in defense-related activities.
Based in this fact alone, it must be rec-
ognized that even a minor cutback in
defense activity in Long Island can have
major effect upon the economy.
Following my election to Congress, I
ifnmedately began to study this prob-
lem In, great detail. Moreover, in the
process, I have done everything within
my power to find out what the Govern-
ment i;i doing to alleviate the situation.
Unforti mately, I must say at the outset
that my investigation to date has shown
that th r Federal Government to date has
not made any major attempt at setting
up a co nprehensive program to deal with
this very pressing national problem in a
truly effective manner,
Durinlgthe course of my investigation,
January 28
I found only one organization in the Fed-
eral Government which is devoting its
entire attention to the problem. This
organization, known as the Office of Eco-
nomic Adjustment, was established by
Secretary McNamara In 1961 for the pur-
pose of assisting those communities
throughout the United States which have
been adversely affected by the Defense
Department's decision to eliminate or re-
duce activities at installations located
in those areas. Since it operates with a
staff of only eight people, and since most
of its activities have been devoted to
problems associated with the closing of
installations rather than problems asso-
ciated with reduced defense business, you
can well see that this organization alone
cannot begin to coordinate a compre-
hensive national program for economic
conversion. I might add, however, that
the Office of Economic Adjustment, with
its limited resources, has done an out-
standing job in the area in which it has
devoted most of its attention.
In addition to the activities of this or-
ganization, President Johnson in Decem-
ber of 1963 did establish it study group
known as the Committee on the Eco-
nomic Impact of Defense and Disarma-
ment. This Committee is composed of
representatives of the Defense Depart-
ment, NASA., the Atomic Energy Com-
mission, the Office of Emergency Plan-
ning, the Arms Control. and Disarmament
Agency, the Department of Labor, Budget
Bureau, the Council of Economic Advis-
ers, and the Department of Commerce.
When he established this body, the Pres-
ident stated:
The Committee will be responsible for the
review and coordination of activities in the
various departments and agencies designed
to improve our understanding of the eco-
nomic impact, of defense expenditures and
of changes either in the composition or in
the total level of such expenditures.
In June of last year, Gardner Ackley,
presently the Chairman of the Presi-
dent's Council of Economic Advisers, and
also Chairman of this Committee was al-
ready In the process of conducting sev-
eral studies related to the problem of eco-
nomic conversion and :he hoped that the
findings of these studies would be forth-
coming in the near future. Unfortu-
nately, to date, we have heard very little
from this Committee. And, moreover,
after careful study of the activities of the
Committee, it is evident that this body,
too, because of limited staff and the lack
of funds, has more responsibilities than
it can possibly handle effectively.
it is apparent to me and to many other
colleagues in. both the House and the
Senate, that it is imperative that the
Federal Government promptly initiate a
highly efficient and comprehensive pro-
gram for economic conversion and that
Congress must act on this matter at the
earliest possible date.
In this connection, 29 Members of the
House and 15 Members of the Senate co-
sponsored legislation in the last Con-
gress which called for the immediate
establishment of the National Economic
Conversion Commission which would be
composed of the heads of the nine gov-
ernmental agencies having a direct in-
terest in conversion problems. The leg-
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1965 CONGRESSIONAL RECORD - SENATE 1445
wise comply with the cropland retirement (7) to such additional provisions the Pooling or cropland retirement land
program as set forth in this title. Se ary determines desirable and in- (11) Section 126 of such Act (7 U.S.C. 1814)
The Secretary shall determine the rate of cludes in the contract to effectuate the pur- is amended by adding after the words "con-
rental payments that will provide producers poses of this title and to facilitate the prac- servation reserve program" the phrase "or in
with a fair and reasonable annual return on tical administration of, the cropland retire- the cropland retirement program pursuant
the land retired and devoted to soil-con- ment program, including provisions relating to title I of the Wheat and Feed Grain Act of
serving uses after taking all relevant factors to control of insects, rodents, and noxious 1965".
into consideration, including (1) the incen- and other objectionable weeds. Incorrect information furnished by the
tive necessary to achieve voluntary partici- (b) In the event that the Secretary de- Government-Marriage of producers
pation in the program, (2) the loss of crop termines that there has been a violation of Section 128 of such Act (7 U.S.C. 1816)
production on the retired acres, (3) any sav- the contract (including the prohibition of (12)
is ab adding after the w1816)
ings in cost which result from not planting grazing on retired acreage) at any stage dur- is amended m servation reserve the words dss "o-
crops, (4) the estimated profit margin of ing the time such producer has control of the cropland retirement program" "o he esphr tablished
crop production on the designated acres, (5) the farm and that such violation is of such p g
continuing farm overhead expenses, (6) the a substantial nature as to warrant termina- pusuant to title I of the Wheat and Feed
cost of establishing a conservation practice tion of the contract, the producer shall for- Grain Act of 1965".
on the retired acres, (7) the value of the land feit all rights to payments or grants under Authorized period of contract and expendi-
for production of commodities customarily the contract, and shall refund to the United tore-Appropriations
grown on such kind of land in the county or States all payments and grants received by SEC. 104 (a) The Secretary is authorized to
area, and (9) drought, flood, or other abnor- him thereunder. In the event that the formulate and announce programs under this
mal condition. Secretary determines that there has been a title and to enter into contracts thereunder
The rate on lands determined In accord- violation of the contract but that such vio- with producers during the three-year period
ante with the preceding paragraph shall be lation is of such a nature as not to warrant 1966-68 to be carried out during the period
adjusted on a State, county, and Individual termination of the contract, the producer ending not later than December 31, 1973, ex-
farm basis in such a manner as the Secre- shall accept such payment adjustments, and cept that contracts for establishment of tree
tary determines will facilitate the practical make such refunds to the United States of cover may continue until December 31, 1978.
administration of the program. The lands to payments received by him, under the con- (b) The period covered by any contract
be covered by contracts shall be determined tract, as the Secretary may determine to be shall not be less than three years and shall
by a competitive bid procedure whereby a appropriate. not exceed five years, except that contracts
producer wishing to obtain a contract shall SEC. 103. The Soil Sank Act, as amended for the establishment of tree cover may ex-
specify the percentage of the rental rate ap- (70 Stat. 188; 7 U.S.C. 1801 et seq.), is tend for ten years.
plicable to his farm which he is willing to amended as follows: (c) There are hereby authorized to be ap-
accept. Administrative and judicial ramedy propriated such sums as may be necessary to
(d) The Secretary shall compensate pro- (1) The first sentence of section 107(d) carry out the provisions of this title, includ-
ducers for participating in the cropland re- of such Act (7 U.S.C. 1831(d) is amended by ing amounts as may be required to reimburse
tirement program through annual cash pay- adding after the words "paragraph (6) of the the Commodity Credit Corporation for its
ments. subsection (a)" the phrase "or under section actual costs.
In order to assist producers in the estab-
lishment 102(b) of the Wheat and Feed Grain Act of Termination and modification of contracts
tired of under soil- the conserving cropland uses retirement pro- cropland 1965". SEc. 105. The Secretary may terminate any
retired
gram, the Secretary shall coordinate such Effect on other programs contract with a producer by mutual agree-
program with the agricultural conservation (2) Section 112 of such Act (7 U.S.C. 1836) ment with the producer if the Secretary de-
program established pursuant to the Soil is amended by adding after the words "under termines that such termination would be in
Conservation and Domestic Allotment Act, this subtitle" each time it appears therein the public interest. The Secretary may agree
as amended (49 Stat. 163; 16 U.S.C. 590 et the phrase "or under title I of the Wheat to such modification of contracts previously
seq.). and Feed Grain Act of 1965". entered into as he may determine to be de-
Terms and conditions of contracts with Geographic applicability sirable to carry out the purposesof this title
producers (8) Section 113 of such Act (7 U.S.C. 1837) and to facilitate the practical administration
SEC. 102. (a) Under any cropland retire- is amended by adding after the words "sub- of the cropland retirement program.
ment contract the producer shall agree- title B" the phrase "and title I of the Wheat Regulations
(1) to establish and maintain with proper and Feed Grain Act of 1965". SEC. 108. The Secretary shall prescribe such
management for the contract period protec- Reapportionment prohibited regulations as he determines necessary to
tive vegetative cover (including but not (4) Section 115 of such Act (7 U.S.C. 1803) carry out the provisions of this title.
limited to grass and trees), water storage fa- is amended by adding after the words "con- TITLE II-REPEAL OF AUTHORITY FOR ACREAGH
cilities or other soil-, water-, wildlife-, or servation reserve programs" the phrase "or ALLOTMENTS, MARKETING QUOTAS AND MARK-
forest-conserving uses (excluding orchards the cropland retirement program established STING CERTIFICATES ON WHEAT AND ACREAGE
and vineyards) on an acreage of land which pursuant to title I of the Wheat and Feed ALLOTMENTS ON CORN-PRICE SUPPORT ON
Is specifically designated at the time the Grain Act of 1965"? WHEAT, CORN, OATS, RYE, BARLEY, AND GRAIN
contract entered into and which has been Utilization of local and State committees
regularly ly used In the production of crops (in- SORGHUM
cluding crops such as tame hay, alfalfa, and (5) Section 117 of such Act (7 U.S.C. 1805) SEC. 201. Notwithstanding any other pro-
clovers), which do not require annual tillage; is amended by adding after the words "this vision of law, effective with the 1966 crops
(2) to allow to remain fallow, idle, and title" the phrase "or title I of the Wheat and of wheat, corn, oats, rye, barley, and grain
in the production of crops (including tame Feed Grain Act of 1965". sorghum, sections 321 through 339 of parts
hay, alfalfa, and clovers) which do not re- Utilization of other agencies II and III of subtitle B and section 379(a)
quire annual tillage throughout the con- (6) Section 118 of such Act (7 U.S.C. 1806) through 379(j) of subtitle D of title III of
tract period, an acreage of the remaining is amended by adding after the words "this the Agricultural Adjustment Act of 1938, as
cropland on the farm which is not less than title" the phrase "or title I of the Wheat and amended (52 Stat. 31; 7 U.S.C. 1281 et seq.),
the acreage normally allowed to remain fal- Feed Grain Act of 1965". are repealed. Parts IV, V. and VI of subtitle
low, idle, and in the production of crops B are redesignated as parts II, III, and IV re-
which do not require annual tillage on such Utilization of land use capability data spectively, and subtitle F is redesignated
remaining acreage; (7) Section 119 of such Act (7 U.S.C. 1807) subtitle D.
(3) not to harvest any crop from the is amended by adding after the words "this SEC. 202. Effective with the 1966 crop of
acreage established in the protective vegeta- title" the phrase "or Title I of the Wheat and wheat, the Act of May 26, 1941, as amended
tive cover, excepting timber (in accordance Feed Grain Act of 1965". (Public Law 74, Seventy-seventh Congress,
With sound forestry management) and wild- Finality of determinations 55 Stat. 203), is repealed.
life or other natural products of such acreage (8) Section 121 of such Act (7 U.S.C. 1809) SEC. 203. Effective with the 1966 crops of
which do not increase supplies of feed for is amended by adding after the words "this wheat, corn, oats, rye, barley, and grain sor-
domestic animals; title" the phrase "or under title I of the ghum, sections 327 and 328 of the Food and
(4) not to graze any acreage established Wheat and Feed Grain Act of 1965". Agriculture Act of 1962 (Public Law 87-703,
in protective vegetative cover; Eighty-seventh Congress) are repealed.
Protection of tenants and sharecroppers SEC. 204. Effective with the 1966 crops of
(5) not to adopt any practice, or divert
lands on the farm from conservation, woods, (9) Section 122 of such Act (7 U.S.C. 1810) corn, oats, rye, barley, and grain sorghum,
grazing, or other noncropland use, to any is amended by adding after the words "this section 105 of the Agricultural Act of 1949, as
use specified by the Secretary in the contract title" the phrase "or under title I of the amended (7 U.S.C. 1441 note), Is amended
as a practice or use which would tend to Wheat and Feed Grain Act of 1965". to read as follows:
defeat the purposes of the contract; Penalty for grazing or harvesting "SEC. 105. (a) Notwithstanding the pro-
(6) to abide by regulations prescribed by (10) Section 123 of such Act (7 U.S.C. 1811) visions of section 101 of this Act, beginning
the Secretary with respect to the planting of is amended by adding after the words "see- with the 1966 crop, price support shall be
crops during the contract period for later tion 103 or 107" the phrase "or under title I made available to producers for each crop of
harvest or use; and of the Wheat and Feed Grain Act of 1965". corn at 90 per centum of the average price
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1446 CONGRESSIONAL RECORD -SENATE
received by farmers, excluding payments in
kind made by the Secretary, during the three
complete marketing years immediately pre-
ceding the calendar year In which the
marketing year for such crop begins, adjusted
to offset the effect on such price of any ab-
normal quantity of low-grade corn marketed
during any of such years: Provided, That
the level of price support for any crop of corn
shall not be less than 50 per centum of the
parity price therefor,
"(b) Beginning with the 1966 crop, price
support shall be made available to producers
for each crop of oats, rye, barley, and grain
sorghum at a level which relates to the level
at which price support is made available for
corn as the feed value of such commodity
relates to the feed value of corn."
Src. 205. Effective with the 1966 crop of
wheat, section 107 of the Agricultural Act
of 1949, as amended (7 U.S.C. 1445(a) ), is
amended to read as follows:,
"Sac. 107. Notwithstanding the provisions
of section 101 of this Act, beginning with the
1966 crop, price support shall be made avail-
able to producers for each crop of wheat at
the Fnlted States farm price equivalent, as
determined by the Secretary, of the average
world market price during the three com-
plete marketing years immediately preceding
the calendar year in which the marketing
year for such crop begins, with premiums
and discounts as indicated by the market to
reflect milling and baking quality: Provided,
That the level of price support for any crop
of wheat shall not. be less than 50 per centum
of the parity price therefor."
TITLE III-GENERAL PROVISIONS
Federal irrigation, drainage, and flood
control projects
SEC. 301. Section 211 of the Agricultural
Act of 1956, as amended (7 V.S.C. 1860), is
amended (1) by striking "three years" each
time it appears therein and inserting in lieu
thereof "thirteen years", and (2) by adding
after the words "soil. bank provisions of the
Act" in subsection (b) the phrase "and under
title I of the Wheat and Feed Grain Act of
1965".
Restrictions on sales by the Commodity
Credit Corporation
SEC. 302. Section 407 of the Agricultural
Act of 1949, as amended (7 U.S.C. 1427), is
amended-
(a) By changing the period at the end of
the fourth sentence to a colon and adding
the following: "Provided, That beginning
July 1, 1965, the Commodity Credit Corpora-
tion shall not make any sales (except sales
offset by equivalent purchases) of wheat,
corn, oats, rye, barley, grain sorghum, soy-
beans, or flaxseed at less than 125 per centum
of the current support price for any such
commodity, plus reasonable carrying
charges.", and
STITUTION ON PRESIDENTIAL
POWER AND SUCCESSION
Mr. PASTORE. Mr. President, at the
request of Justice Michael A. Musmanno
of the Supreme Court of Pennsylvania, I
introduce for appropriate reference, a
joint resolution proposing an, amendment
to the Constitution of the United States
on Presidential power and succession.
This joint resolution embodies the so-
called Musmanno plan. It is identical
with House Joint Resolution 118, intro-
duced in the House by Mr. HOLLAND, Of
Pennsylvania, on January 5 of this year.
It is similar, also, to Senate Joint Resolu-
tion 155, which the senior Senator from
West Virginia [Mr. RANDOI.PH] intro-
ducet during the 2d session of the 88th
Con? Tess.
-Justice Musmanno's plan in essence
provides that the House and Senate
Judie scary Committees will constitute a
perrr.anent Commission on Prevention
of lapse of Executive Power. Under
such rules astheCongress shall prescribe
by c)ncurrent resolution, the Commis-
sion ihall determine by a two-thirds vote
all q~estions concerning the inability or
disai: ility of the President to discharge
the powers and duties of his office, and
shall. determine when such inability or
disat ility ceases.
I am aware that I am a cosponsor of
Sena,e Joint Resolution 1, introduced on
Janutry 6 by the junior Senator from
Indiana [Mr. BAYH]. I still support
Senate Joint Resolution 1 in every re-
spect
The joint resolution which I have in-
trodL ced will be referred to the Commit-
tee o:i the Judiciary. I understand that
Justin ie Musmanno, a noted authority on
the Constitution, will appear before the
committee on Friday of this week to
testify concerning the problem of Presi-
denti sl succession. It will assist the
conmdttee to have before it the
Musnanno plan. I offer this joint reso-
lution: for that purpose.
Thy ACTING PRESIDENT pro tem-
pore. The joint resolution will be re-
ceive([ and appropriately referred.
Tho joint resolution (S.J. Res. 34) pro-
posini; an amendment to the Constitu-
tion Cf the United States on Presidential
power and succession, introduced by Mr.
PASTORE, by request, was received, read
twice by its title, and referred to the
Committee on the Judiciary.
PROCEDURES IN CONNECTION
WITH PROPOSED AMENDMENTS
TO THE CONSTITUTION
Mr. STENNIS. Mr. President, I send
to the desk for appropriate reference a
Senate resolution to require that the
passage of a joint resolution proposing
an amendment to the Constitution shall
be de';ermined by a yea and nay vote
upon a call of the roll of the Senate. If
adopted, this resolution would amend the
standing rules of the Senate;
Article V of the Constitution provides,
in par; that:
The Congress, whenever two-thirds of
both louses shall deem it necessary * * *
shall propose Amendments to this Constitu-
tion of , on the Application of the Legisla-
tures sf two-thirds of the several States,
shall c,dla Convention for proposing amend-
ments. -
The significance of proposing changes
in ou:* basic law is self-evident, Mr.
President; it is a duty which the Con-
gress Should exercise with the greatest
care. I became deeply concerned dur-
ing the last session of Congress, how-
ever, with the manner in which the Sen-
ate co;isidered and adopted Senate Joint
Resolttion 139. That resolution pro-
posed very basic changes in our Consti-
tution with reference to presidential in-
ability and succession, and yet it was
consid fired on the floor of the Senate and
adopted at a time when only nine Sena-
January 28
tors were present. There was no rollcall
vote and the RECORD does not even re-
flect the presence of a quorum at the time
of the voice vote, although a quorum was
present earlier in the day. When this
situation calve to my attention, I moved
to reconsider the vote by which Senate
Joint Resolution 139 had been adopted.
By agreement of the majority leader, this
motion was passed and the resolution
was subsequently adopted on a rollcall
vote of 65 yeas and 0 nays.
I emphasized on the floor of the Sen-
ate during consideration of Senate Joint
Resolution 139 that the constitutional
provisions and the rules of the Senate
had been technically followed. In my
opinion, however, the Constitution does
not contemplate the adoption of a reso-
lution proposing an amendment when
only Time Members of the Senate are in
attendance,
To the contrary, I believe the spirit of
the Constitution requires that the RECORD
affirmatively reflect not only the actual
presence of a quorum and the names of
those constituting the quorum, but also
the fact that two-thirds of the Senators
present voted in favor of the resolution.
A vote thus recorded is itself a
strong recommendation to the States
that the proposed amendment be
adopted.
The Congress has no greater respon-
sibility, Mr. President, than that of con-
sidering proposed changes in our basic
and fundamental law. The amending
process is not often used, but when it is
extreme care should be exercised. The
adoption of the resolution I now intro-
duce would insure such consideration. I
strongly urge its immediate consideration
by the Committee on Rules and adoption
by the Senate.
Mr. President, I ask that the resolu-
tion be appropriately referred.
The ACTING PRESIDENT pro tem-
pore. Without objection, it is so ordered.
The resolution (S. Res. 67) was referred
to the Committee on Rules and Admin-
istration, as follows:
Resolved, That the Standing Rules of the
Senate are amended by adding at the end
thereof the following new rule:
"RULE XLI
"The question of the passage of a joint
resolution proposing an amendment to the
Constitution shall be determined by a yea-
and-nay vote upon a call of the roll of
the Senate."
APPALACHIAN REGIONAL DEVELOP-
MENT ACT OF 1965
AMENDMENT.' NO. 7
Mr. LAUSCHE submitted amend-
ments, Intended to be proposed by him,
to the bill (S. 3) to provide public works
and economic development programs and
the planning and coordination needed to
assist in development of the Appalachian
region, which were ordered to lie on the
table and to be printed.
Mr. LAUSCHE. Mr. President, if
adopted, the amendment would prohibit
the use of any money which would be
authorized in the bill, S. 3, for the re-
hibilitation of strip-mined land belong-
ing to private individuals until a study
authorized in the bill is completed on
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ERD SENTE 1509
1965 'CONGRESSIONAL R
Mr. LAUSCHE. I thank the majority
leader.
,'LEGISLATIVE PROGRAM
Mr. MANSFIELD.' Mr. President, af-
ter we have disposed of the Appalachia
bill, it is our intention to bring up the
Coffee Agreement.
Furthermore, shortly thereafter we
will bring up the nomination of Mr.
Driver to be Administrator of the Vet-
erans' Administration.
I assume also that next week some of
the money resolutions for committees
will be reported by the Committee on
Rules and Administration.
The distinguished senior'Senator from
Louisiana [Mr. ELLENDER] will receive
ample notice. I am sure that the,Senate
will debate these resolutions at some
length.
Mr. DIRKSEN. Mr. President, I
should like to ask the distinguished ma-
jority leader with respect to amendments
that may be offered on Friday, and
whether votes on those amendments can
be put over until Monday.
Mr. MANSFIELD. We will give that
every consideration, if a rollcall vote is
demanded.
Mr. HRUSKA. Mr. President, I have
an amendment which will take a mini-
mum of an hour to consider. I should
like to reserve time on the same basis
that was extended to the Senator from
Ohio [Mr. LAVSCHE].
Mr. MANSFIELD. I hope the Senator
will offer it tomorrow, so that we may
get going on it.
Mr. HRUSKA. I have offered it to-
day, and it will be ready for debate to-
morrow. I am talking about the time
for a vote on it.
Mr. MANSFIELD, -I appreciate that.
Mr. COTTON. Mr. President, the
Senator from New Hampshire is a little
disturbed. He recognizes, of course, the
position in' which the majority leader
finds himself and the problems he must
handle. He is always accommodating.
However,, he leaves us in the air a little
because he has indicated that considera-
tion will be given to votes on amend-
ments. We could easily have half a
dozen votes on amendments late tomor-
row. While he has. been very consider-
ate in putting over until`Monday the vote
on the passage -of the bill, I am wonder-
ing if he can give us a little more indica-
tion of his feelings about votes on amend-
ments.
Mr. MANSFIELD. There is no reason
why the Senate cannot vote on amend-
ments tomorrow, and we will do our best
to do so. -However, if any Senator feels
he is being inconvenienced by having a
vote tomorrow, we shall try to arrive at
an agreement to vote at a time certain
on Monday.
Mr. COTTON. The Senator from New
Hampshire does not wish to put his own
cofvenience ahead of the convenience of
the Senate, but ordinarily at this time
in the session it is safe to make speak-
ing engagements for Saturday.
Mr. MANSFIELD,' It is. -
Mr. COTTON. My colleague from
New Hampshire [Mr. MCINTYRE] and I
have an engagement to address the New
Hampshire Bar Association at noon on
Saturday. To do so we must leave late
in the afternoon tomorrow. I should not
like to be caught and lose votes on my
amendment, particularly in view of the
fact that I have received information
that one of those amendments will con-
cern the interests of New England.
Mr. MANSFIELD. We will do our
best to see that the Senator from New
Hampshire is not caught, ' and we wish
him and his colleague well in their
speegles before the New Hampshire Bar
Association.
Mr. COTTON. I thank the distin-
guished majority leader.
ADELA INVESTMENT CO.
Mr. JAVITS. Mr. President, I wish to
call the attention of the Senate to the
Adela Investment Co., which was
launched in 1962 by the Economic Com-
mittee of the NATO Parliamentarians'
Conference, of which I have been chair-
man for many years, and with the great
aid of the then Senator, now Vice Presi-
dent HUBERT HUMPHREY.
The company held its first board of
directors meeting in Paris on Septem-
ber 30, 1964, selected its officers, and
announced that more than $16 million
has already been subscribed. Today,
Adela's capital subscriptions have risen
to $31 million, with $13 million sub-
scribed by U.S. firms, $3 million each by
Canadian and Spanish firms, $2.5 mil-
lion by Swedish corporations, and /$2.1
million by Swiss companies, with lesser
subscriptions by corporations and banks
from 12 other nations, Adela's 54-
member corporations today include com-
panies from Belgium, Denmark, Finland,
West Germany, Italy, Japan, Luxem-
bourg, the Netherlands, Norway, Spain,
Sweden, Switzerland, Britain, Canada,
and the United States.
At its January 22 meeting in Brussels
representatives of firms associated with
the Adela effort met to organize an in-
ternational program of private financial
and technical assistance for Latin Amer-
ica. The company already received
more than 50 requests for investment or
technical cooperation. One investment,
totaling $500,000 in a Colombian steel
plant, has already been approved.
The significance of the Adela Invest-
ment Co. stems from the fact that
it is the first major effort of leading ele-
ments of private business and banking
in Europe, the United States, and Latin
America, to come to the aid of the pri-
vate enterprise system in a vitally impor-
tant underdeveloped area of the world,
Latin America. It signals a partnership
between private enterprise of the indus-
trially developed and the underdeveloped
world which, I am convinced, holds with-
in itself, the key to success of the free
world.
I ask unanimous consent that the re-
port on its meeting in Brussels, as pub-
lished in the New York Times, be made
a part of my remarks.
There being no objection, the report
was ordered to be printed in the RECORD,
as follows:
[From the New York Times, Jan. 23, 1965]
PRIVATE AID GROUP MAPS LATIN LOANS:
BUSINESS LEADERS MEET IN BRUSSELS To
PLAN GLOBAL INVESTMENT PROGRAM
(By Edward T. O'Toole)
BRUSSELS, January 22.-Leading indus-
trialists and bankers of the non-Communist
world met here today to organize an inter-
national program of private financial and
technical assistance for Latin America.
Representatives of 121 bluechip corpora-
tions in North America, Western Europe and
Japan began a 2-day review of more than 50
requests for financial assistance that have
been submitted by Latin-American enter-
prises since last September.
The aid requests cover proposed projects
that will require hundreds of millions of
dollars in new investment capital.
Last fall, the business and financial com-
munities of most major industrialized na-
tions joined forces to create a new private
investment group known as Adela. The
name Is an acronym for the Atlantic Com-
munity Development Group for Latin
America. The group's goal is to promote
the flow of private investment capital into
Latin America.
CONCERNS FROM 15 NATIONS
Business and banks from 15 nations were
represented at today's meeting here at the
head offices of Petrofina, the big Belgian
petroleum company.
Besides Belgian corporations, Adela's 54
members include companies in Denmark,
Finland, West Germany, Italy, Japan Luxem-
bourg, the Netherlands, Norway, Spain,
Sweden, Switzerland, Britain, Canada, and
the United States.
The list of Adela members reads like a
"Who's Who" of world business. Total assets
of the members exceed $200 billion.
To date, Adela's capital subscriptions total
$31.15 million. The authorized Initial
capitalization is $40 million. Capital con-
tributions at present are limited to a maxi-
mum of $500,000 and a minimum of $100,000
for each member.
PROVISIONS FOR EXPANSION
Provision was made in Adela's corporate
charter for expanding the initial capitaliza-
tion as the circumstances might dictate.
Adela, whose administrative offices are in
Zurich, Switzerland, and Lima, Peru, was
incorporated as the Adela Investment Co.
in Luxembourg last September 24.
The chairman of the new private invest-
ment company is Marcus Wallenberg, vice
chairman of the Stokhoms Enskilda Bank of
Sweden. Vice chairman is Howard C.
Petersen, president of the Fidelity-Phila-
delphia Trust Co. Both were elected today
to the executive committee.
Fourteen additional members of the ex-
ecutive committee also were elected. United
States committee members include: .
Emilio G. Collado, a vice president of the
Standard Oil Co. (New Jersey); William
Blackie, president of the Caterpillar Tractor
Co.; David M. Kennedy, representing the
Continental International Finance Corp.,
overseas investing subsidiary of the Con-
tinental Illinois National Bank & Trust Co.
of Chicago, of which he is chairman, and
George S. Moore, of the First National City
Overseas Investment Corp., the foreign in-
vestment arm of the First, National City
'Bank of New York.
Capital subscriptions from the United
States total $13.25 million, which is the big-
gest national subscription. Spanish and
Canadian companies are next with $3 mil-
lion in subscriptions from each, followed by
Swedish corporations with two $2.5 million
and Swiss corporations with $2.1 million.
Mr. Moore, who is president of the First
National City Bank, during a breakfast inter-
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CONGRESSIONAL RECORD -SENATE January
view this morning said that Adele, already
ha approved a $500,000 participation in a
new $10 million steel plant in Colombia.
He indicated that many more participa-
tions will be approved now that Adela has
beenofficially organized.
"While we are prepared to put Adela funds
into any worthwhile Latin American enter-
prise," Mr. Moore said, "an equally important
result should be the stimulative effect each
Adela Investment will have on Latin Ameri-
can investment capital."
He added that Adela would cooperate with
Latin American entrepreneurs and with na-
tional and International industrial, banking,
and financial Institutions in projects that
promised to be useful and significant for the
economic development of Ltain American
countries.
Mr, Moore commented, "Of course, Adela
Investments will be business investments,
not charitable gifts. Therefore, we will tend
to favor those countries where the invest-
went climate is hospitable and where there
Is reasonable stability."
He said potential Adele, investments were
now being considered in Brazil, Chile, Co-
lombia, Peru, Mexico, and several other
Latin American nations.
Basic to the Adela investment philosophy
is the goal that local capital complement
any investment made by the group.
Mr. JAVITS. Mr. President, we have
every reason to be proud of the initiative,
and welcome the assistance which our
friends abroad are prepared to give
Ameircan private enterprise in connec-
tion with the acceleration of the objec-
tives of the Alliance for Progress.
A STUDY OF METHODS TO PROVIDE
FINANCIAL ASSISTANCE TO VIC-
TIMS OF FUTURE FLOOD DIS-
ASTERS
Mr. MANSFIELD. Mr. President, f
ask unanimous consent that S. 3, the
Appalachia bill, be temporarily laid aside,
and that the Senate proceed to the con-
sideration of Calendar 4, S. 408.
The PRESIDING OFFICER (Mr. BAss
in the chair). The bill will be stated by
title.
The LEGISLATIVE CLERK. A bill (S. 408)
to authorize a study of methods of help-
ing to provide financial assistance to
victims of future flood disasters.
The PRESIDING OFFICER.- Is there
objection to the present consideration of
the bill?
There being no objection, the Senate
proceeded to consider the bill which had
been reported from the Committee on
Banking and Currency with amend-
merits.
MESSAGE FROM THE PRESIDENT
A message ih writing from the Presi-
dent of the United States was communi-
cated to the Senate by Mr. Ratchford,
one of his secretariv.
AND VICE PRESIDENCY, AND
PRESIDENTIAL INABItITY-MES-
SAGE FROM THE PRESIDENT
The VICE PRESIDENT laid before the
Senate the following message from the
President of the United States, which
was referred to the Committee on the
Judiciary:
To the Congress of the United States:
In ]287, Benjamin Franklin remarked
near ttie conclusion of the Constitutional
Convention at Philadelphia, "It aston-
ishes me, sir, to find this system ap-
proaching so near to perfection as it
does."
One hundred and seventy-eight years
later ite relevance of that Constitution
of 1787 to our society of 1965 is remark-
able. Yet it is truly astonishing that,
over this span, we have neither perfected
the provisions for orderly continuity in
the Executive direction of our system
nor, a yet, paid the price our continuing
inaction so clearly Invites and so reck-
lessly risks..
I refer, of course, to three conspicuous
and long-recognized defects in the Con-
stituti on relating to the office of the
Presidency:
1. The lack of a constitutional provi-
sion aiisuring the orderly discharge of the
power; and duties of the President-
Comlr,arlder in Chief-in the event of the
disability or incapacity of the incumbent.
2. The lack of a constitutional provi-
sion assuring continuity in the office of
the Vice President, an office which itself
Is prcvided_ within our system for the
primaiy purpose of assuring continuity.
3. 71ie lack of a constitutional provi-
sion assuring that the votes of electors
in th,i electoral college shall without
question reflect the expressed will of the
people: In the actual election of their
President and Vice President.
Over the years, as I have noted, we
have Iscaped the michief these obvious
omissions invite and permit. Our escape
has bq;p more the result of providence
than 4tf,any prudence on our part. For
it Is not necessary to conjure the night-
mare of nuclear holocaust orother na-
tional- catastrophe to identify these
omissions as chasms of chaos into which
nor= l human frailties might plunge us
at any -time.
On it least two occasions in our his-
tory, And perhaps others, American
Presidents-James Garfield and Wood-
row ?i91son-have for prolonged periods
been rendered incapable of discharging
their :?residential duties. On 16_ occa-
sions iii our 36 administrations, the office
of Vice President has been vacant-and
over the two perilous decades since the
end of the Second World War, that vital
office :ias been vacant the equivalent of
1 yea:- out of 4. Finally, over recent
years, complex but concerted campaigns
have been openly undertaken-
fortu-nately without success, as yet-to sub-
vert the electoral college so that it would
register not the will of the people of indi-
vidual .States but, rather, the .:wishes of
the ele rtors themselves.
The potential of paralysis implicit in
these .onditlons constitutes an indefen-
sible folly for our responsible society in
these -times. Commonsense impels, duty
requir 3s us to act-and to act now-with-
out further delay.
Action Is in the tradition of our fore-
bears:,, Since adoption of the Bill of
Right:,-the first 10 amendments to our
Constitution-9 of the 14 subsequent
amendments have related directly either
to the offices of the Presidency and Vice-
Presidency or to assuring the responsive-
ness of our voting processes to the will of
the people. As long ago as 1804 and as
recently as 1964, Americans have
amended their Constitution in striving
for its greater perfection in these most
sensitive and critical areas.
I believe it is the strong and overrid-
ing will of the ;people today that we should
act now to eliminate these unhappy
possibilities inherent in our system as it
now exists. Likewise, I believe it is the
consensus of an overwhelming majority
of the Congress-without thought of par-
tisanship-that effective action be taken
promptly. I am, accordingly, addressing
this communication to both Houses to ask
that this prevailing will be translated
into action which would permit the peo-
ple, through the process of constitutional
amendment, to overcome these omissions
so clearly evident in our system.
1. PRESIDENTIAL INA131LITY
Our Constitution clearly prescribes the
order of procedure for assuring con-
tinuity in the office of the Presidency
in the event of the death of the incum-
bent. These provisions have met their
tragic tests successfully. Our system,
unlike many others, has never experi-
enced the catastrophe of disputed suc-
cession or the chaos of uncertain com-
mand.
Our stability is, nonetheless, more
superficial than sure. While we are
prepared for the possibility of a Presi-
dent's death, we are all but defenseless
against the probability of a President's
incapacity by injury, illness, senility, or
other affliction. A nation. bearing the
responsibilities we are privileged to bear
for our own security--and the security
of the free world-cannot justify the
appalling gamble of entrusting its secur-
ity to the immobilized. hands or uncom-
prehending mind of a Commander in
Chief unable to command.
On September 29, 1964, the Senate
passed Senate Joint Resolution 139, pro-
posing a constitutional amendment to
deal with this perplexing, question of
presidential disability-as well as the
question, which I shall discuss below, of
filling vacancies in the office of Vice
President. The same measure has been
introduced in this Congress as Senate
Joint Resolution 1 and House Joint Res-
olution 1. The provisions of these meas-
ures have been carefully considered and
are the product of many of our finest
constitutional and legal minds., Be-
lieving, as I do, that Senate Joint 'Reso-
lution i and House Joint Resolution 1
would responsibly meet the pressing need
I have outlined, I urge the Congress to
approve them forthwith for submission
to ratification by the States.
II. VACANCY IN THE OFFICE OF THE VICE
PRESIDENT
Indelible personal experience has im-
pressed upon me the indisputable logic
and imperative necessity of assuring that
the second office of our system shall, like
the first office, be at all times occupied
by an incumbent who is able and who
is ready to assume the powers and duties
of the Chief Executive and Commander
in Chief.
In our history, to this point, the office
of the Presidency has never devolved be-
low the first clearly prescribed step of
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constitutional succession. In moments of the President-elect dies under these cir- me in their concern for the third part of
need, there has always been a Vice Presi- cumstances, our laws should provide that the message dealing with the electoral
dent, yet Vice Presidents are no less mor- the Vice-President-elect should become college and the eventualities in case of
tal than Presidents. Seven men` have President when the new term begins. the death of the President or Vice Presi-
died in the office and one has resigned- Conversely, if death should come to the dent after their having been elected and
in addition to the eight who left the office Vice-President-elect during this interim, prior to their being sworn into office, and
vacant to succeed to the Presidency. I believe the President-elect should, upon that they will be as cooperative as they
We recognized long ago the necessity taking office, be required to follow the have been in dealing wtih the first two
of assuring automatic succession in the procedures otherwise prescribed for fill- parts. For that reason I shall ask them
absence of a Vice President. Various ing the unexpired term of the Vice Presi- to join in the effort which I hope we can
statutes have been enacted at various dent. If both should die or become un- start in the next day or two.
li
ve
I b
i
i
i
t
e
e
n
er
m,
s
times prescribing orders of succession able to serve in th
from among either the presiding officers the Congress should be made responsible
of the Houses of Congress or the heads , for providing the method of selecting
of executive departments who, together officials for both positions. I am trans-
comprise the traditional Cabinet of the mitting herewith a draft amendment to
President In these times such orders of the Constitution to resolve these prob-
STUDY OF METHODS TO PROVIDE
FINANCIAL ASSISTANCE TO VIC-
TIMS OF FUTURE FLOOD DISAS-
TERS
succession are no substitute for an office lems. The Senate resumed consideration of
of succession. Favorable action by the Congress on the bill (S. 408) to authorize a study of
Since the last order of succession was the measures here recommended will, I methods of helping to provide financial
prescribed by the Congress in 1947, the believe, assure the orderly continuity in assistance to victims of future flood dis-
office of the Vice-Presidency has under- the Presidency that is imperative to the asters.
gone the most significant transforma- success and stability of our system. Ac- Mr. WILLIAMS of New Jersey. Mr.
tion and enlargement of duties in its his- tion on these measures now will allay President, I ask unanimous consent that
tors. future anxiety among our own people- the names of the Senator from Wyoming
Presidents Truman, Eisenhower, and and among the peoples of the world-in [Mr. MCGEE], the Senator from Michi-
Kennedy have successively expanded the the event senseless tragedy or unforesee- gan [Mr. HART], the Senator from New
role of the Vice President, even as I ex- able disability should strike again at York [Mr. JAVITS], and the Senator from
pect to do in this administration. 11 either or both of the principal offices of Rhode Island [Mr. PELL] be added as
Once only an appendage, the office of our constitutional system. If we act cosponsors of the bill.
Vice President is an integral part of the now, without undue delay, we shall have The PRESIDING OFFICER. Without
chain of command and its occupancy'on moved closer to achieving perfection of objection, it is so ordered.
a full-time basis is imperative. the great constitutional document on Mr. WILLIAMS of New Jersey. Those
For this reason, I most strongly en- which the strength and success of our sponsors bring to a total of 26 the num-
dorse the objective of both Senate Joint system have rested for nearly two cen- her of Senators who have cosponsored the
Resolution I and House Joint Resolution turies, proposed insurance study authorization,
1 in providing that whenever, there is a LYNDON B. JOHNSON. a bill that has been thoroughly consid-
vacancy in the office of Vice President, THE WHtIE HOUSE, January 28, 1965. ered on two prior occasions by the Senate
provision shall exist for that office to be and passed unanimously on both occa-
filled with a person qualified to succeed COMMENTS ON THE MESSAGE sions.
to the Presidency. The bill would authorize the Housing
III, REFORM OF THE ELECTORAL COLLEGE SYSTEM Mr. BAYH. Mr. President, I, should and Home Finance Agency to conduct a
1;7,., +,. .,011 +h,. -f+-+inn of the Senate _,.,, 4 . ..r ........;a;,..~ _A_-_+o J---
their President and Vice President. One
of the earliest amendments to our Con-
stitution was submitted and ratified in
response to the unhappy experience of an
electoral college stalemate which jeop-
-ardized this principle. Today there lurks
in the electoral college system the ever-
present possibility that electors may sub-
stitute their own will for the will of the
people. I believe that possibility should
be foreclosed.
Our present system of computing and
awarding electoral votes by States is an
essential counterpart of our Federal sys-
tem and the provisions of our Constitu-
tion which recognize and maintain our
Nation as a union of States. It supports
the two party system which has served
our Nation well. I believe this system
should be retained. But it is imperative
that the electoral votes of a State be cast
for those persons who receive the greatest
number of votes for President and Vice
President-and for no one else.
At the same time, I believe we should
eliminate the omission in our present
system which leaves the continuity of
the offices of President and Vice Presi-
dent unprotected if the'persons receiving
a majority of the electoral votes for
either or both of these offices should die
after the election in November and be-
fore the inauguration of the President.
Electors are now legally free to choose
the President without regard to the out-
come of the election., r believe that if
to the very pointed message which we protection for the victims of flood and
have just received from the President other natural disasters. As my col-
of the United States, in which he very leagues well know, at this time there are
capably, as is typical of him, points out no practical means available to private
-the great need of dealing with problems citizens for obtaining insurance against
which have existed in this country for flood and water damage. The Congress
almost two centuries so far as continuity has long recognized the necessity of fill-
in the executive arm of our Government ing this gap. In 1956, the Federal Flood
is concerned. Insurance Act established a program of
He dealt with three major areas: First, Federal flood insurance in the HHFA.
the area which has been frequently dis- However, no funds were appropriated to
cussed on the floor of the Senate-the carry out the purposes of the act, and
area of presidential inability; second, the since 1957 it has remained a dead letter.
need to provide some continuity in the Subsequently, the Senate twice passed
office of Vice President; third, the need bills similar to S. 408, calling for an
to deal with the whole area of electoral HHFA study of various means of flood
college reform, and to deal with the prob- insurance. Neither bill was acted on by
lem which would be presented if the the House of Representatives.
President or the Vice President died after Events of the past few years have only
being elected and prior to being sworn served to emphasize the need for this
into office. type of study, which would lead ulti-
I should like particularly to call to mately to an adequate and effective in-
Senators' attention the strong support surance program. In March of 1962, the
which the President of the United States east coast was severely battered by a
gave to Senate Joint Resolution 1, which winter gale, which caused millions of dol-
is cosponsored by 75 of my colleagues, on lars of damage to public and private
which we are holding hearings tomorrow, property. A little or none of this damage
and which I hope can be quickly sent to was covered by insurance. And 1964 was
the floor of the Senate and acted upon a year of severe hardship for citizens in
again as it was in the last session, when many States. In March Alaska was rav-
it was passed 65 to 0. I hope that we aged by a,violent earthquake which cost
can get similar action by the House and losses which have been estimated to run
then start the rather long journey of get- as high as half a million dollars. Almost
ting three-fourths of our State legisla- none of this staggering loss was covered
tures to ratify the amendment. by insurance. And the floods which
It is my hope that Senators will join swept across the Western States this fall
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 1512 Approved For R?19N"92f"I: ~1 7B I Q0500170011-7 January s
caused nearly $600 million in uninsured tl.e word "of", to strike out flood' ; in line thought it should be easier to apply than
damage. The need is clear. Some form 1E, after the word "initiating", to strike out fire insurance, because it would merely
of insurance can and must be found "a flood"; and, in the same line, after the involve a
ue
tion
f
t
li
q
s
o
con
our
nes It
. against this type of loss. ward "insurance", to strike out "program" was said that the insurance would vary
and insert "programs"; so as to make the bill
h'ed
r
en
l eme
og
e
a
rg
cy pr
rams and Small
read: depending on the number of feet above
business disaster loans simply cannot do '_'Be it enacted by the Senate and House of sea level, or the grade of the river val-
the task unaided. I am confident that RTesentatives of the unit
d St
t
l
e
a
es of
eys where there is a probabilitf
,y o dar effective m by this bill will A aerica in Congress assembled, That the floods. Anyway, we have never been able
produce means of providing Housing and Home Finance Administrator to get funds from the Congress to imple-
the needed insurance. , stall undertake an immediate study of ment the law.
In committee, one significant change alternative programs which could be es-
was made in this year's bill. The lan- tablished to help provide financial assist- Since we have tried unsuccessfully, the
ar ce to those suffering property losses best approach now is that sponsored by
guage of the bill was expanded to author- in Hood and other natural disasters, in- the distinguished junior Senator from
ize the study of providing insurance not cl?iding alternative methods of Federal New Jersey [Mr. WILLIAMSI.
only against flood and water damage, dliaster insurance, as well as the existing There is no insurance of the type dis-
cussed damage caused by other natural dis- flcod insurance program, and shall report his cussed available in America now through
asters. The specific, intention of. the findings and recommendations to the Fresi-
committee was that the HHFA develop dent for submission to the Congress not later Public or private companies to insure
ways of insuring against earthauak.e than nine months after the enactment of against flood loss caused solely by rising
fosse .
h
`s study whichever is lacer m ret
of th Senatorsromaskar.,.epor A person may obtain insurance for
e f Al M
request i shall include, among other things, an indi- tornado damage.. It is foolish to say
BARTLETT and Mr. GRTTENINGI and the cation of the feasibility of each program
Senator from Washington [Mr. JACK- st';died, an estimate of its cost to the Federal that it is feasible i o insure against dam-
dam-
SON], who support this measure and have Government and to property owners on the age done by rising wind but not by rising
been most helpful in its preparation. It basis of reasonable assumptions, and the waters. It is a great deal easier to esti-
is my understanding that the earthquake legal authority for State financial participa- mate where there might be damage from
study ' will require 3 years to complete. ti?n. With respect to each method of incur- rising waters than where there might be
The bill as written would require .that anoe considered, the report shall include an damage from rising winds, The chances
the bill submit written a wou t not later than in-lication of the schedule of estimated rates are 99 to 1 that damage from rising
t months after its adequate to pay all claims for probable losses waters will be in some river valley, below
9 enactment, The Son- ov 3r a reasonable period of years, the feasibil- from Alaska [Mr. BARTLETT] will it) of Federal flood plain zoning for the pur- some on some lake, ocean, gulf or
offer and amendment to allow a longer po3e of selecting areas which may be ex- bay shore. It is easier to estimate.
period` of time for the submission of the chided from insurance coverage, and the Mr. President, we should have such in-
'e .rthquake study, and I amhopeful that feF,?ibility of initiating insurance programs surance in America. I predict that once
the Senate will accept this useful amend.- on an experimental basis in designated pilot the proposed study is made and we have
inert. areas. There is hereby authorized to be ap- some public insurance to spark the pro-
pr~>priated such sums as are necessary to
During committee deliberations, the carry out the purposes of this Act." gram, it Will be like hail insurance. We
Senator from Utah [Mr. 33ENNETT] sag- could never get private insurance com-
gested that the Administrator of the Fir. BARTLETT. Mr. President, I panies to write hail insurance in this
WIP'A appoint an advisory committee, offer an amendment which I send to the country until during the Roosevelt years
composed of representatives of the in- desk and ask to have stated. in the 1930's public hail insurance was
stirance industry and other interested The PRESIDING OFFICER. The authorized. As soon as private com-
parties to assist in developing means of antendment of the Senator from Alaska panies saw that such insurance was
insurance. In its report the committee will be stated. feasible, they practically took over the
has endorsed this Most, helpful sugges- The LEGISLATIVE CLERK. On page 2, field of hail insurance.
tion, and it is my understanding that the line 4, it is proposed to add the follow- I predict that the situation will be the
Administrator would establish such a inir: same with relation to rising water in-
committee. lrrovided, however, That the findings and surance. It will be like hail and fire
Mr. President, the importance of this reedinmenaations on earthquake insurance insurance. Once there is public action
ahf,ll be reported to the President for sub-
study is demonstrated by the fact that mission to the Congress not later than three to guide private companies into action,
26 of my colleagues joined me in span- years after the enactment of this Act or the they will take over the field. They are
spring this bill. It is my hope that appropriation of funds for this study, which- too timid to do it now.
speedy passage by the Senate will prompt ever is later. It has long been. a matter of surprise
equally swift action by the House. Sure- The PRESIDING OFFICER. The to my constituents, looking for help and
ly, this study should be underway before qu'Stion is on agreeing to the amend- assistance after o:ne of the hurricanes
this year, which will Inevitably brine, mart of the Senator from Alaska. The that sometimes ravages our coast, to
damaging floods and storms, is out. air.endment was agreed to. learn that there is a law on the books
Mr. BARTLETT. Mr. President, I Mr. YARBOROUGH. Mr. President, that purports to establish a Federal
.should like to offer an amendment, I congratulate the junior Senator from Flood Insurance program. This law was
The PRESIDING , Ok'FICER. The New Jersey in his efforts to breathe life passed in 1956 under the leadership of
Chair would like to dispose of the com- Into the Federal flood insurance law. I the senior Senator from Massachusetts
mittee amendments prior to the offer am happy to be a cosponsor of the bill [Mr. SALTONSTALL] and the then junior
of the amendment by_the Senator from Senator from Massachusetts John F.
Alaska. The first committee amend.- 1witn 1h him. 956 the Kennedy. However, no funds were ap-
ment will be stated. 1 Congress passed a law
which would authorize Federal action to propriated by Congress to implement it,
Mr. MANSFIELD. Mr. President, I furnish flood insurance against damage and the then administration ceased any
ask unanimous consent that the com- from rising waters. That bill was en- effort to effectuate the law. No insur-
mittee amendments be considered en acted under the leadership of.the senior ance against property damage loss
bloc, and that the bill as thus amended Senator from Massachusetts [Mr. SAL- caused 'solely by rising waters from natu-
be considered as new text. To2fs3'ALL] and the then junior Senator ral causes is now available in America.
-The PRESIDING OFFICER. Is there from Massachusetts, the late John F. I have :made several personal efforts to
objection to the request of the Senator Ketinedy. We have been unable interest the Housing and Home Finance
from Montana? , in any
of the three succeeding Congresses, to Agency in making an effort to begin this
There being no objection, the com- implement that law. There have been program. I regret that the Agency has
mittee amendments were agreed to, as objections by the Budget Bureau. not seen fit to exercise some initiative
follows
On page 1, line 6, after the word "flood". I have had conferences with repre- and leadership in getting this program
to insert "and other natural"; in line 7, sentatives of four departments of the started. A person may obtain insurance
after the word "Federal", to strike out "flood" Government. They thought that the from tornado damage now. It is foolish
and insert "disaster"; on page 2, line 9, after proposal was too difficult to apply. I to say that it is feasible to insure against
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