PRESIDENTIAL SUCCESSION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67B00446R000500170006-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 15, 2016
• Document Release Date: October 9, 2003
• Sequence Number: 6
• Content Type: OPEN

1965 Approved 725
725
duplication of special service functions; and
to authorize Federal departments and agen-
cies to provide such services.
An increasingly common characteristic of
our Federal -system is the extent to which
similar governmental functions are per-
formed by all three levels of government?
local, State, and Federal. Cooperation and
assistance among the three levels in carrying
on such activities can yield economies for all.
A number of Federal departments already
provide specialized services to State and local
governments on a reimbursable basis. The
Census Bureau makes special censuses or
tabulations and collects special additional
information during decennial censuses. The
Weather Bureau provides meteorological
services, and the Bureau of Reclamation
undertakes inventories of water resources for
State and local governments. As recently as
1962, the Congress authorized the Internal
Revenue Service to render statistical services
to State and local tax agencies. This bill
would extend on a governmentwide basis the
principle embodied in these specific cases.
Provision for depositing reimbursements to
the credit of agency appropriations (sec. 303)
would give the agencies an incentive to enter
into such arrangements which they do not
now have since, unless otherwise provided in
law, such reimbursements for service must be
paid into Treasury miscellaneous receipts.
Authority to provide service
Section 302: This section authorizes agen-
cies in the executive branch to provide spe-
cialized or technical services on written re-
quest from a State or local government and
upon payment of the cost of the services by
the government making the request. Agen-
cies would be permitted, not required, to
provide the requested service.
Reimbursement to appropriation
Section 303: This section provides that
payments redeived for furnishing specialized
Or technical services shall be deposited to the
credit of the appropriation from which the
cost of providing such services is paid. Per-
formance of the service for State and local
governments thus would not interfere with
the agencies fiscal ability to fulfill their
mandated responsibilities.
Reports to Congress
Section 304: This section calls for an an-
nual report on the scope of the services pro-
vided to the Committee on Government Op-
erations of the Senate and House of Repre-
sentatives.
Definitions
Section 305: The term "State," "political
subdivision," and "specialized or technical
services" are defined,in this section. "Spe-
cialized or technical services" means special
statistical and other studies and compila-
tions, development projects, technical tests
and evaluations, technical information,
training activities, surveys, reports, docu-
ments, and other similar service functiOns.
TITLE IV?_COORDINATED /NTERGOVERNMENTAL
POLICY AND ADMINISTRATION OF GRANTS FOR
URBAN DEVELOPMBNT
Declaration of urban assistance policy
Section 401: This section establishes a na-
tional urban assistance policy and makes
such a policy, consistent with individual
program objectives, applicable to all Federal
programs affecting urban development.
With the increasing numbers of Federal aids
for physical development facilities in urban
areas, the need for a unified urban develop-
Ment policy and adequate interagency co-
ordination at the Federal level has become
imperative. A recent study :by the Advisory
Commission on Intergovernmental Relations
of .43 Federal programs of financial . aid
showed that, they, are administered by 13
different departments and agencies within
the executive branch, A *umber of new
prograins have been enacted even since the
Commission's study was made a year ago.
Federal program administrators are held
responsible for carrying out specific legisla-
tive objectives, designed to meet such urban
needs as those for urban renewal, area re-
development, public housing, or highway
transportation. But rapid urban growth,
coupled with fragmented responsibilities for
local government in urban areas and new
technologies, are making these programs in-
creasingly interdependent. Their impact on
other community physical, economic, and
social objectives is becoming more pro-
nounced. Authority, machinery, and effort
are needed in Washington as well as in the
urban areas themselves to assure that each
program contributes not only to the more
limited program goals, but also to the gen-
eral goal of orderly urban development. The
legislation establishes the principle of Fed-
eral interagency coordination and provides
a clear legislative mandate for the Presi-
dent to establish the machinery among the
Federal departments and agencies to better
meet national, State, and local objectives
for urban development.
Favoring general purpose governments
Section 402: This section makes units of
general local government, such as cities,
counties, and towns, eligible to receive Fed-
eral loans and grants for urban development
for which only special districts or other
special purpose units of local government are
now eligible. Although a majority of the acts
establishing Federal aid to urban develop-
ment allow local general government as
recipients of such aid, there are a number
that encourage establishment of special pur-
pose organizations to carry out program ob-
jectives. Some examples of Federal en-
couragement for establishing counterpart
special purpose organizations in local juris-
dictions may be found in reclamation, area
.redevelopment, and agricultural programs.
The elected officials of every unit of govern-
ment should be responsible for a wide range
of functions, so that the governing process
involves resolution of possible e,onflicting
interests with significant responsibility for
balancing governmental needs and resources.
The general purpose unts of local government
meet these conditions whereas, in many
cases, special purpose districts do not.
The legislation would permit the oppor-
tunity to Simplify intergovernmental rela-
tions and reduce the time and effort spent
by public officials in coordinating additional
independent units of government by provid-
ing that, to the extent possible, Federal de-
partments and agencies make Federal aids
available to general rather than special pur-
pose units of local government. Any special
purpose unit of local government receiving
these Federal aids is required to provide full
information` concerning such aid to the ap-
propriate unit of general local government
in the area. Local governments, general or
special purpose, are authorized to act as joint
sponsors of any federally aided urban proj-
ect without limiting the total amount of
the aid to less than the aggregate available to
the participating units of local government
acting singly.
Consistency with plans and objectives of
general local governments
Section 403: Provides that all applications
made to the Federal Government after June
30, 1966, for construction of hospitals, air-
ports, water supply and distribution facili-
ties, sewerage facilities and waste treatment
works, water development, and land conser-
vation be certified within 30 days by the unit
of general local government in which the
project or facility is to be located that such
proposed project or facility is consistent with
the local government's planning objectives.
State and certain regional applicants are ex-
empt from this requirement.
A performance requirement that projects
aided by certain Federal loans or grants be
consistent with the local government's plan-
ning objectives can contribute to insuring
effective use of the Federal funds and avoid
conflicts with other State, local, and private
development projects.
This section establishes similar require-
ments for consistency with planning efforts
of local governments in metropolitan areas
for Federal aid programs that significantly
affect urban development not currently hav-
ing such requirements.
More effective utilization of certain Federal
loans or grants by encouraging better co-
ordinated local review of State and local
applications for such loans or grants
Section 404: Provides that all applications
to the Federal Government made after June
30, 1966, for urban renewal and open space
land projects and for the construction of
hospitals, airports, water supply and distri-
bution facilities, sewerage facilities and waste
treatment works, highways, transportation
facilities, water development, and land con-
servation within any metropolitan area shall
be accompanied by (1) the comments and
recommendations thereon of a planning
agency performing metropolitan or regional
planning for the area in which the assist-
ance is to be used, and (2) a statement by
the applicant that it has considered these
comments and recommendations prior to for-
mal application. This section makes it clear,
however, that approval of the application by
the appropriate Federal agency shall be in
accord with pertinent Federal requirements
without regard to a possible negative recom-
mendation by the planning agency.
This section is designed to strengthen
metropolitan planning and better coordinate
local, State, and Federal development activ-
ities by (1) encouraging the establishment
of responsible metropolitan planning agen-
cies and procedures; (2) stimulating the flow
of planning and development information
among and between the various levels of gov-
ernment; and (3) assisting the Federal agen-
cies in evaluation of project applications.
To avoid undue delay in the review and
comment function, the section provides that
the applicant need not include the comments
or recommendations of a planning agency if
(1) the agency has failed within a 60-day
period to make any comments or recommen-
dations on the application itself, or on a plan
or description of the project; or (2) the ap-
plicant certifies that the application itself is
consistent with or in furtherance of projects
or plans previously reviewed by the planning
agency.
Definitions
Section 405: Defines the terms "compre-
hensive planning," "hospital," "metropolitan
area" or "area," "areawide agency," "State,"
"special purpose unit of local government,"
"unit of general local government," and "ur-
ban development."
TITLE V?ACQUISITION, USE, AND DISPOSITION
OF LAND WITHIN URBAN AREAS BY FEDERAL
AGENCIES IN CONFORMITY WITH LAND UTI-
LIZATION PROGRAMS OF AFFECTED LOCAL GOY-
ERNIVIENTS
Amendment of Federal Property and Admin-
istrative Services Act
Section 501: The Federal Government
owns over 400 million acres of land through-
out the Nation. A significant portion of that
land is located in urban areas and the use
to which it is put, either by a government
agency or upon sale by a private person or
corporation, can have a significant impact
upon local government. In order to insure
that the use of such land is, to theinaximum
extent possible, consistent with local zoning
and land use practices and local planning and
development objectives, it is essential that
such local governments be fully informed of
transactions involving Federal land acquisi-
tion or disposal and significant changes in
use of Federal lands. Actions of these types
can have a significant impact on local schools,
highway and street patterns, demand for
water and sewer services, and other activities
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6 Approved For ReciedAegf&W8FitCyt-89EWBogig
_
of local government. Only by giving, the by not only the appropriate legislative
limes of notice herein anthorized, and con-
sidering their needs in such matters while
Sufficiently protecting Federal intereits, can
the impact of such transactions or changes in
We on local government he minimized. It
might be stated furthei that last year- the,
Congress enabted legislation establishing
similar procedures for the sale and disl5osi-
ton of public lands by the Department of
-Interior.
This section Amends the,Federal-rroPerty
and Administrative Services Act of 1949 by
4ddhig a new Title 1/III?Urban 'Land
rtilization. "
, 4 "tillort titZe
c. 801.;'Pederal 'Urban Land Cse,Act.1
"Deelarafion of purpose and policy
PSZ'O. _802, This sectiop., states a general
policy of promotirig harmonious intergoVern-
44e4t43 relaPons, e,ndprescribes use of uni-
Aorm procedures in the acquisition, use, and
;disposal of land in urban, areas to secure con-
sistency with local zoning, land use practices,
4n4 Weal planning and development objec-
Aives, ,
'IlAsposa/ of urban lands
0. 343. Requires the Adminiitrator of
'the General Services Administration tonol4fy
tbe"head...of. the governing 'body of the unit
Of general local government (city, county,
tOWn, Parish, or village) having zoning or
Und use jurisdiction over the land of the
litoposed transaction 90 days prior to sale.
The notice is designed to eve the local gOv-
arnment an, opportunity' to zone the Use of
snoh land in accordance with local cOnipre-
hensive planning objectives. The Adminis-
trator Is directed to,turnish prospective pur-
-0basers wan local. comprehensive planning
Information.
7TAcqujoition Or change of use of real property
In the acquisition or change of
Of any real prOperty in urban areas the
tlFonliStrator, to the greatest eitent, prac-
cable, woUld, be requqed to comply with
ional gOphig regulations and planning de-
V.61OPment objectives of the unit of local
Verfinierit having such jurisdiction over
a land. ,The Administrator is further di-
Opted tb. Consider all ObjeCtions to any such
aCqUisitiOri or change of use made by a local
jtoVerrinient because such action would con-
Met: with its zoning regulations and plan-
objectives. Subsection (b) requires
e administrator to give noticenotice to a Unit
Of local government in an urban area at
least 90 days prior to entering a commitment
to acquire real property 'within its jurisdic-
t cga. He may proceed ,iiithout giving such
he deterinines that it would
ave an adverse impact on the proposed pur-
chase. In such Situations,. upon completion
Of the acquisition, he must immediately
=Ally the appropriate local government.
"Definitions
"Szo. 805. This _section defines the ,terms
UIt of general local government,' 'urban
urea,' and `comprehensive planning'."
PriNiTION OFt.
M "VETEroars,
413-1V4EilX TRATI ''n,
trr_cdomucHeatmorictli;eminr ?..bes3fialrf,:01317Afaetlilpsiede7-7PrieCite'l'nrs-,
`Mr. PARTI,a-rt vx
_.. my ' ,C011eague4*)frii:17 aTicl Mr. .014s3 -
u,EistilsTal,a bill to a-141.1111C1 sectio,n00)..9f
Alaska Mr. '
,t1:113,11,_,U?,a1.:.ted, States Code, with respect
v vuv.ve.uisation Of the term "Veterans'
4drninistration full'
-*.AlthOugh, bills. El. naltilirr:pe'
this
is a. ne.eR,v7 been li.ntr 0 Ci LIP 0 . inrhnas.fspst years,ih in
In-
tent have
-1 introdpep If .n..,4 4
*ion thatit .:,?"-.th tile hopeful eicpee_
'v14 be Considered a.5 pew
committees but by the Veterans' Admin-
istration and the Bureau of the Budget.
The bill I introduce today is designed
to clarify a clause of existing law and to
ItOVide for a review of the merits of this
(11111se Yeara'tinle?
The clause, section 601 (4) (c) , pro-
ildes that Veterans' Administration
facilities means "private facilities for
which the Administrator contracts in
order to provide hospital care" in certain
tirctunstances one of which is for vet-
clans of any war resident in ti.S. ter-
iitorjr other than the contiguous 48
irtates. This at least was the purpose of
this clause when it was drawn and ap-
proved by the Congress. Unfortunately,
the advent of statehood in Alaska and
lt_awaii, which in no way changed the
ieographical necessity for such a clause,
did serve to make unclear the VA service
to be furnished Alaska and Hawaii vet-
erans. The intent of my bill is to clear
up this confusion. I propose to do this
by changing the clause to read "for vet-
erans of any war in a State, territory,
commonwealth or possession of the
United States not contiguous to the con-
tiguous 48 States,". This establishes be-
3-ond a fathom of a doubt what it was the
Congress wished to establish in origi-
nally approving this clause; that is that
the application extends to veterans resi-
dent in any U.S. territory other than the
c oritiguous 48 States,
y bill does one more thing. It pro-
'tides that this clause shall expire at the
EM of 10 years. it does so because I be-
lleve that conditions change and that the
cc:Mditions tomorrow may not be the
same aS the conditions of today, and the
services provided by this clause may no
lmger be needed. Whether they are or
not, it would be well for Congress to re-
view the matter at that time.
- The PRESIDING OFFICER. The
bill will be received and appropriately
eferred.
..The bill (8.562) to amend section 601
ct title 38, United States Code, with re-
spect to the definition of the term "Vet-
erans' Administration facilities", intro-
duced by Mr. BARTLETT (for himself and
Ether Senators) , was received, read twice
lir Its title, and referred to. the Commit-
t e, on Finance.
ng0500170006-3 January it
Recreatim Commission as successor to
Utah Pioneer Trails and Landmarks As-
sociation.
The monument was erected by Utah
citizens pursuant to a permit which the
U.S. War Department issued to the Utah
Pioneer Trails and Landmarks Associa-
tion on March 26, 1945. The permit was
modified on December 20 of that year,
giving the association the right to make
other improvements.
In 1951, the Utah State Legislature
assigned the responsibility for adminis-
tering the "This Is the Place Monument"
State Park to the State engineering
commission. The action turning its ad-
ministration over to the State Park and
recreation commission came 6 years
later. Thus, for some time the monument
has been administered by an organiza-
tion other than the one to which the per-
mit for its construction and operation
was issued, and the monument stands on
land still owned by the Federal Govern-
ment, although lit is controlled and ad-
ministered by the Utah Parks and Rec-
reation Commission. The ownership of
this land should be cleared. The monu-
ment is one of the show pieces of the
Salt Lake Valley. Its significance to the
people of Utah cannot be overstated.
/, therefore, send to the desk, for ap-
propriate reference, a bill authorizing the
Secretary of the Army to convey certain
lands in Utah, which are a part of the
"This Is the Place Monument" State
Park, to the State of Utah. I ask that ,
the bill lie on the table until the close
of business Tuesday, January 19, for co-
sponsorship.
The PRESIDING OFFICER. The bill
will be received and appropriately re-
ferred; and, without objection, the bill
will lie on the desk, as requested by the
Senator from Utah.
The bill (S. 563) authorizing the Sec-
retary of the Army to convey certain
lands to the State of Utah, introduced
by Mr. Moss, was received, read twice by
its title, and referred to the Committee
on Armed Serv ces.
&FLU--
,Tnts Is THE PLACE MONUMENT"
'STATE PARK
Mr. MOSS. Mr. President, lam today
4 y2 acres of land at the "This /s the
iroducing a bill to transfer title to
ace Monument" State Park `in 'Utah_
f rorn the Department of the Army to the
te of Utah
The "This Is the Place Monument"
Li the most historic spot in Utah. The
rionument memoralizes the entry of the
Mormon pioneers into the Great Salt
LW Valley on July 24, 1847. It was at
tie mouth of Emigration Canyon on a
HMI overlooking the valley that Brig-
am Young announced to his hardy band
or pioneers that they had arrived at the
race where they would settle and which
t ry would call home.
The "This Is the Place Monument" is
a 1inlsteTed by the Utah State Park and
PRESIDE1TEAL SUCCESSION
Mr. SMATHERS. Mr. President, I
introduce at this time a joint resolution
proposing an amendment to the Consti-
tution relating to the nomination and
election of candidates for President and
Viee_Pregdent, and to succession to the
office of President in the event of the
deatp pr inability of the President when
the death or inability occurs with 2 years
or longer remaining for the President to
serve. Specifically the resolution I of-
fer contains ,three proposals. It would,
first, establish a direct primary for the
selection of presidential and vice-presi-
dential candidates; second, abolish the
electoral college; and third, set up a spe-
cial election to fill any vacancy in the
Presidency or Vice-Presidency under cer-
tain circumstances.
For more than 100 years, our candi-
dates for President and Vice President
have been nominated by party conven-
tions, and for almost as many years this
system has been the subject of severe
criticism, sometimes even of ridicule.
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1965
Legislators, newspaper editors, profes-
sors of government and Countless average
citizens have been clamoring for an over-
haul of the procedure. With each suc-
ceeding election, the chorus of critics has
grown louder. More and more people
are calling for the demise of an archaic
convention and electoral system, that is
riddled with loopholes and inequities.
The Criticism has been based upon a
number of considerations. It has been
said, with a great degree of accuracy,
that the average voter has no voice in the
selection of our national candidates.
It has been alleged that the conven-
tions themselves are controlled by bosses
operating in "smoke-filled rooms," rather
than by convention delegates expressing
a popular consensus after discussion and
debate. The average television viewer
could reasonably conclude that the na-
tional conventions are comprised of a
small helping of deliberation served up
with generous portions of noise, confu-
sion and just plain hokum.
The wonder of it all is not that the
functioning of the system sometimes goes
awry, but that for so long a time it has
worked as well as it has.
The system of presidential primaries,
as they now function, have also been the
object of growing criticism. A review of
the laws governing these primaries ex-
plains why.
Presidential primary laws were first
enacted in 1911 when seven States
adopted such legislation. As of 1960
there were 16 States that held primaries.
On the basis of even a cursory examina-
tion, it is obvious that these State laws
constitute a curious collection of incon-
sistencies and contradictions. What is
specifically required in one jurisdiction
may be specifically forbidden in another.
In six States and the District of Colum-
bia, the ballot must not show the dele-
gate's preference among the candidates;
delegates must run on a "no preference"
basis on their ballots. In three States,
the ballot may show the delegate's pref-
erence if, the candidate consents, but
delegates may also run on a "no prefer-
ence" basis. In two States, the ballot
Jiakaz show the delegate's preference,
whether or not the candidate consents,
but delegates may also run on a "no
preference" basis.
Finally, in four States, the ballot must
show the delegate's preference for a
candidate who has given consent; but
delegates Must not run on a "no prefer-
ence" basis.
In some jurisdictions, the names of
delegates pledged to major candidates
do not appear on the ballot out of cour-
tesy to favorite sons, and for reasons of
their own, some candidates do not wish
to compete in a particular State.
Since only about one-third of the
States have primaries, it can happen
that a major candidate enters and wins
In all of theni and still fails to receive
the nomination of his party.
Clearly, this crazy quilt system is to-
tally inadequate, and agreement on that
point is will nigh universal.
In 195-6, for Instance, a public opinion
poll taken after the conventions of that
year showed that 58 percent of the vot-
No, 10=-8
ApprovedFeNtilikaLsgsWA1p/facgitipDPflaNitg6R000500170006-3 727
ers favored a change in the method of
selecting candidates for President and
Vice President. Other polls have found
that as much as '13 percent of the elec-
torate would like to relegate to the his-
tory books that strange, exciting, but
thoroughly unsatisfactory and ineffi-
cient spectacle, the national convention.
Mr. President, the resolution I offer
would eliminate the convention system
and replace it with a uniform national
primary.
Under the terms of the joint resolu-
tion, both parties would hold their pri-
maries in all States on the same day,
under rules established by the legisla-
tures of the States. The names of all
candidates would be on the ballot in all
States. Voters could vote only in the
primary of the party in which they were
registered.
Each party in each State would have a
number of nominating votes equal to
the number of seats it has in the Con-
gress of the United States. Each candi-
date would receive a fractional part of
the nominating vote corresponding to
the proportion of his party's vote cast
for him in the primary.
If a vacancy should occur on the
ticket prior to the general election, due
to death or resignation, it would be the
duty of the national party committee to
fill it.
This, it seems to me, would provide
a nominating system that would insure
popular control within the parties, and
that would be practical and workable.
The second aspect of the resolution I
offer concerns the electoral college sys-
tem.
No part of our system of electing our
President and Vice President has been
criticized more often or more severely
than the electoral college.
Because it has long been realized that
the electoral college is an anachronism
in the modern world, scores of proposals
have been made for tinkering with it.
I do not want to tinker with it; I want
to abolish it. In doing this, we would
be officially recognizing changes that
have occurred in our society in the last
200 years.
It is a simple statement of fact that
our Founding Fathers held a conception
of democracy vastly different from ours.
They were not convinced that democracy
as we know it was either right or inevit-
able. It appears that to a certain ex-
tent they believed in government by the
elite, the wise, the wealthy and the well
born.
After generations of experience, how-
ever, we know that our national interests
are best served when there is broad par-
ticipation on the part of the people in
the determinations of overall govern-
ment policy.
Now that the United States Supreme
Court has laid down the "one man, one
vote" doctrine, it is incumbent upon the
Congress to eliminate the most glaring
violation of that doctrine, the use of the
electoral college.
Under the present system, the candi-
date who receives one less than a major-
ity, even though his vote total runs into
the millions, has all these votes count for
nothing. They are as so many scraps
of paper. This is hardly a stirring dem-
onstration of democracy in action.
A glaring example of the inequity of
our system occurred in the election of
1876. In that year, Samuel J. Tilden
received 250,000 more popular votes than
his opponent, Rutherford B. Hayes. Yet
Hayes won more electoral votes, and he,
not Tilden, became President.
While it is unlikely, this result could
happen again. It will continue to be a
possibility until we rid ourselves of a
system that at best is cumbersome and,
at worst, is in direct conflict with our
carefully nurtured vision of democracy.
The third aspect of the resolution I
offer today is concerned with filling the
office of the Vice-Presidency in the event
of the President's death or disability.
It would accomplish this by providing,
under certain circumstances, for a spe-
cial election for the office of President
and Vice President in the event of the
President's death or disability.
Under the Constitution today, when a
Vice President succeeds to the Presi-
dency, the country is without a Vice
President until the next presidential
election. History records some very ex-
tended periods when this was the case.
For example, President William Henry
Harrison died in April 1841, 1 month
after his inauguration, and was suc-
ceeded by John Tyler, who served for 3
years and 11 months without a Vice
President. In another case, President
James A. Garfield, who was shot on July
2, 1881, lingered until his death on Sep-
tember 19: He was then succeeded by
? Chester Arthur, who served the balance
of the term without a Vice President.
We have just been through a period of
more than a year when the Nation has
been without a Vice President.
If anything happened to President
Johnson during the period from Novem-
ber 22, 1963, to January 20, 1965, we
would have to rely upon the provisions
of the Presidential Succession Act of
1886, as revised and amended in 1947.
The original act provided for succession
on the executive side, beginning with the
Secretary of State. The 1947 amend-
ment established a succession on the leg-
islative side.
This change was justified on the merits
of elevating to the presidency an elected
official, the Speaker of the House, rather
than the Secretary of State, who ob-
tained his office by appointment.
I find it difficult to see where the new
arrangements have any significant ad-
vantage over the old.
In times like the present, there is no
adequate substitute for having an ex-
perienced Vice President, ready at a
moment's notice?if need be?to take
over the responsibilities of the presi-
dency.
Perhaps, in earlier times, when the
tempo of events was slower and our
matters of national concern were less
complex, it did not make a great deal
of difference if we were without a Vice
President for months or even years. The
office was not a very exacting one, to be
sure, demanding few duties other than
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Approved For Re ieurifonaigibRAFIALTUES13.9._ gy
should not be frustrated with the inabil-
ity to bring such matters to the attention
of the Senate for debate and vote.
This resolution, for which I have re-
quested the same designation?Senate
Resolution 30?as it had in the 88th Con-
gress, simply gives to the Select Commit-
tee on Small Business the authority to
report legislation to the Senate for its
aonsideration, within certain areas re-
lating solely to the small business of our
3ountry.
Mr. President, I am hopeful that some
lotion might soon be forthcoming on this
:msolution. Because the Committee on
auks was pressed practically without re-
] ent during the 88th Congress, there was
little time for action on this approval.
However, during the closing days of
the past session, specifically on August 13,
964, the chairman of the Committee on
Rules, the distinguished Senator from
North Carolina, gave his assurances that
hearings will be held on this resolution
curing the present session of the Con-
ress.
Mr. President, I thank the chairman
f,)r those words. I look forward to an
early date for those hearings. The small
businesses of this Nation and the millions
of people whom they serve are entitled
to nothing less than sincere considers-
ton of this problem.
It is my hope that Senators who co-
sponsored this resolution during the 88th
Congress will do so again. Certainly
a.so, I would welcome any other Senators
who might wish to join us.
I ask unanimous consent that this res-
t:0.410n might remain at the desk for a
pOod of 1 week, until the close of busi-
nas on Friday, January 22, for addi-
ti anal cosponsors.
The PRESIDING OFFICER. The res-
olution will be received, appropriately
referred; and, without objection, will lie
On the desk, as requested by the Senator
fr 3M Vermont.
The resolution (S. Res. 30) was re-
ferred to the Committee on Rules and
Administration, as follows:
S. RES. 30
gesolved, That S. Res. 58, Eighty-first
Congress, agreed to February 20, 1950, as
an ended, is amended to read as follows:
"That there is hereby created a select com-
mittee to be known as the Committee on
Snail Business, to consist of seventeen Sen-
atcrs to be appointed in the same manner
ani, at the same time as the chairman and
members of the standing committees of the
Senate at the beginning of each Congress,
and to which shall be referred all proposed
leg slation, messages, petitions, memorials,
and other matters relating to the problems
of American small business enterprises.
"It shall be the duty of such committee to
stuly and survey by means of research and
inv3stigation all problems of American small
budness enterprises, and to obtain all facts
posfible in relation thereto which would not
on17 be of public interest, but which would
aid the Congress in enacting remedial leg-
islation.
"iSuch committee shall from time to time
replirt to the Senate, by bill or otherwise, its
rem mmendations with respect to matters re-
ferr3d to the committee or otherwise within
its ,urisdiction."
SUC. 2. Subsection (d) of XXV of the
Standing Rules of the Senate is amended
by utriking out in paragraph 2, the words
"un ter this rule."
that of presiding over the Senate and
ting a vote on those rare occasions
en It was necessary to break a tie.
? This is no longer the case. President
Eisenhower made extensive use of the
services of Vice President Nixon, in a
variety of situations and capacities.
, President Kennedy greatly expanded
the duties and the responsibilities of the
Vice President. ,
This mid-20th century evolution of the
?Zee of the Vice President is not likely
? to abate. Every indication points to the
probability that President Johnson will
Make_ even more exten.sive use of the
great ability of his Vice President HUBERT
-RUAWIIREY.
If the Vice President is to continue his
vital role in the administration of the
executive branch of our Government,
then obviously the national interests de-
mand that there be a Vice President in
office at all times.
That is what I propose to accomplish
in my constitntional amendment. I sin-
cerely trust that the Senate will give this
resolution favorable consideration,
The PRESIDING OFFICER. The
Joint resolution will be received and ap-
propriately referred.
? The joint resolution (S.J. Res. 28) pro-
posing an amendment to the Constitu-
tion relating to the nomination and
election of candidates for President and
Vice President, and to succession to the
office of President in the event of the
death or inability of the President, intro-
duced by Mr. SIVIATHEaS, was received,
read twice by its title, and referred to the
Committee on the Judiciary.
_ AMENDMENT OF STANDING RULES
OF THE SENATE RELATING TO
THE SFINCT COMMITTEE ON
SMALL BUSINESS
Mr. PROLTTY. Mr, President, I sub-
mit, for appropriate reference, a resolu-
tion which is identical with one which I
sponsored, together with 32 of our col-
leagues on January 15, 1963. During the
88th Congress other Senators Joined us
as cosponsors of the resolution.
? The resolution provides essentially that
the Select Committee on Small Business
of the Senate shall have authority to
have bills and resolutions referred to it
and to report legislation for considera-
tion on the fibor of the Senate.
Mr. President, the Select Committee
on Small Business does not now have this
authority. It is empowered only to in-
vestigate and study problems peculiarly
affecting the small business of this
country. Such limited authority is un-
fortunate, to say the least, especially
when problems are found to exist, can be
Identified, and yet are prevented from
being considered by the Senate because
the committee cannot report to the floor
in a form upon which we can act.
This is in no way a criticism of other
committees. Each of them does a very
commendable job. But, we should not
permit the problems of small business,
some of which are acute indeed, to be
laid aside because of other pressures.
Once the Select Committee on Small
Business has isolated a problem, it
January ,15
THREE-MINUTE STATEMENTS
DURING MORNING HOUR
Mr. CHURCH. Mr. President, the
custom of the 3-minute statement during
the morning hour is a convenient and
expeditious method for meeting a com-
mon need, and has been a regular part
of Senate proceedings since 1953. By
this custom, Senators have the oppor-
tunity to briefly comment on issues of
the day, or on worthy editorials, speeches,
and other matter which they insert in
the CONGRESSIONAL RECORD during this
period..
Yet, this custom or practice is not
based upon any existing rule of the Sen-
ate. It has developed from habit, on the
basis of unanimous consent. Rule VII
allows for the presentation of petitions
and memorials, reports of standing and
select committees, the introduction of
bills and joint resolutions, and the in-
troduction of concurrent and other reso-
lutions, in that order. This is the only
morning hour business expressly pre-
scribed.
The Senate rules permit "brief state-
ments," in connection with the business
prescribed, but the customary 3-minute
statement dealing with extraneous sub-
jects lacks this sanction. It is neces-
sary for the majority leader to request
unanimous consent, and obtain it, before
Senators can engage in this needed prac-
tice. Any one Senator can deny all other
Senators the convenience of making 3-
minute statements in the morning hour
simply by voicing an objection.
I think it is high time that we fortify
the morning hour 3-minute statement by
appropriate revision of the rules. There
surely exists every recommendation for
making it a permanent privilege. The
practice meets the needs of all Senators,
providing a convenient time, before the
Senate takes up its unfinished business,
for them to express their views on cur-
rent matters. If we are to honor the
rule on germaneness during the 3 hours
following the morning hour, then we
have pressing need for this safety valve
in our proceedings.
It is no accident that the 3-minute
custom came into being. It took form in
the Senate more than 11 years ago, and
was partly fashioned by the late great
Republican Senator, Robert A. Taft. It
met a pressing need, developed as a func-
tional tradition, and has earned the right
of permanency. What custom has sanc-
tified, the rules ought properly to pre-
scribe.
I, therefore, send to the desk a resolu-
tion which would amend rule VII of the
Standing Rules of the Senate by adding
to the matters of morning business pre-
scribed, the following: Statements or
comments not to exceed 3 minutes.
Mr. President, this simple amendment
which I propose would not alter the ex-
isting rules concerning the placing of in-
sertions in the. CONGRESSIONAL RECORD.
The resolution relates only to the 3-min-
ute period that Senators should be al-
lowed, in accordance with what has been,
and is, customary practice for the mak-
ing of such insertions. The insertions
themselves, whether during the morning
hour or afterward, would remain a mat-
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