HOUSE ACTION: PER DIEM ALLOWANCE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800080023-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 12, 2016
• Document Release Date: December 17, 2001
• Sequence Number: 23
• Publication Date: April 26, 1975
• Content Type: OPEN

Approved For Release 2002/01/10 : CIA-RDP77M00144R000800080023n the Floor - 6
Senate Confirmation:
ME SKILL JUDGESHIP APPROVED AFTER LONG DELAY
N
Eight months after he had been nominated, former
Gov. Thomas J. Meskill (R Conn.) was confirmed April 22
by the Senate on a 54-36 vote as a judge on the Second U.S.
Circuit Court of Appeals. (Vote 141, p. 89.2)
This was the first recorded vote in the Senate on a
judicial appointment since the Dec. 10, 1971, 'vote on the
nomination of Justice William H. Rehnquist to the Supreme
Court. (1971 GQ Almanac p. 851)
Meskill was approved with strong Republican (33-3)
support. The three voting against him were Charles H.
Percy (Ill.), Richard S. Schweiker (Pa.) and Robert T. Staf-
ford (Vt.). A majority of Democrats (21-33) opposed him.
The vote was a setback for the American Bar
Association, which had opposed his nomination on the
grounds that he lacked the legal background or experience
to serve on the prestigious appeals court which hears
appeals from federal cases in New York, 'Vermont and
Connecticut.
The last time the Senate approved a nominee to the cir-
cuit court who was opposed by the ABA was in 1965 when it
confirmed Edward M. McEntee to a judgeship on the First
U.S. Circuit Court of Appeals.
The ABA's opposition was the main issue in the two
days of Senate debate (April 21-22). Many senators, led by
Lowell P. Weicker Jr. (R Conn.), Meskill's sponsor, main-
tained that the ABA improperly disregarded the public ser-
vice experience of Meskill, who at 47 had been mayor of
New Britain, a two-term representative (1967-71), and
governor from 1971 to 1975.
The sharpest criticism of the ABA, which traditionally
has evaluated federal judicial nominations, came from
Roman L. Hruska (R Neb.), the ranking minority member
of the Judiciary Committee, and William Lloyd Scott
(R Va.).
Hruska said that the "Senate is being asked to accept
the extremely narrow standards which the ABA requires of
nominees to the federal bench." Ile called the "ABA's stan-
dard ...too restrictive. It would prevent all but an extremely
small number of practicing lawyers from serving on the
bench."
Scott reminded the Senate that the "Constitution
does not say a thing about the American Bar Association."
Meskill received strong backing from Connecticut's
senior senator, Abraham Ribicoff (D). "I reject and reject
strongly the idea that a man who devotes himself to public
life is incompetent to be a judge of a circuit court," he said.
Opponents, led by Quentin N. Burdick (D N.D.), con-
tended that Meskill was not qualified for the judgeship
since he had only a modest law practice before entering
politics and had never appeared before the appeals court.
They also charged that as governor he tolerated abuses in
state leasing policies that were still a scandal in Connec-
ticut, showing indifference to the appearance of propriety.
Philip A. Hart (D Mich.) warned that Senate approval
of Meskill's nomination would undermine its responsibility
to advise the President on judicial nominations. "If we con-
sent... to the Meskill nomination," he said, "there is and will
be reason to believe, reason to wonder, that the Senate is
not playing the effective role in the staffing of the federal
courts. What we will be doing if we do not consent is advis-
ing the President that he could do vastly better."
John V. Tunney (D Calif.) charged that "by any stan-
dard of legal experience, Mr. Meskill is not qualified" for
the judgeship. "We should not put a person on the second
circuit court who needs on-the-job training," he said.
The Judiciary Committee approved Meskill's nomina-
tion March 21 (Exec Rep 94-3) by an 8-6 vote. Meskill had
been first named by President Nixon on Aug. 8, 1974, and
renominated twice by President Ford. (Committee action,
Weekly Report p,, 660) 1
House Action:
PER DIEM ALLOWANCE
The House April 21 by voice vote passed a bill (HR
4834) to increase the per diem, mileage and travel expense
allowances for federal employees traveling on official
business. The House Government Operations Committee
reported the bill (H Rept 94-104) March 20 by voice vote.
The committee Feb. 6 had reported a similar bill (HR
2302-H Rept 94-5). But Jack Brooks (D Texas), committee
chairman, requested that it be recommitted to his com-
mittee after it was disclosed that the measure would have
made the travel allowances available to senators and their
personal staffs. (Earlier action, Weekly Report p.411)
HR 4834, as passed:
a Raised the maximum per diem rate for federal
employees traveling on government business to $35 from
$25.
a Raised the maximum actual expense reimbursement to
$50 from $40 per day. This is to be paid only in unusual cir-
cumstances and in designated high-cost areas.
a Raised mileage allowances for privately owned
automobiles to 20 cents per mile from 12 cents. Allowances
also were increased for motorcycles and airplanes.
a Increased the maximum reimbursement for actual ex-
penses for travel outside the United States to $21 per day,
from $18, in addition to the prescribed locality rate.
The existing per diem of $25 was established in 1969
and the mileage allowance of 12 cents in 1961.
The bill was supported by the Office of Management
and Budget, the General Services Administration and
federal employee unions.
Urging passage of the legislation, Brooks called it "ex-
tremely important to our federal employees who are bear-
ing the brunt of inflation under ceilings for travel expenses
imposed some years ago."
After passing HR 4834, the House amended S 172, the
Senate version, with provisions of the House bill and passed
that instead.
President Ford had vetoed a bill (S 3341) in late 1974
that would have increased per diem allowances. That bill
would have extended the allowances to disabled veterans
traveling to Veterans Administration facilities and to
senators. Ford said he vetoed it because extending the
allowances to disabled veterans would be inflationary.
HR 4834 did not extend the allowances to disabled
veterans or to senators and their personal staffs.
Brooks said he believed the Senate would accept the
House bill as passed, but "if not, we will certainly resist any
provisions" extending travel allowances to senators. 1
Approved For Release 2002/01/10 : CIA-RDP77M00144R000800080023-4
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