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SUPPLEMENTAL ESTIMATE-TREASURY DEPARTMENT

COMMUNICATION

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

SUPPLEMENTAL ESTIMATE OF APPROPRIATION FOR THE TREASURY DEPARTMENT, FISCAL YEAR 1949, AMOUNTING TO $27,323,000, IN THE FORM OF AN AMENDMENT OF THE BUDGET

May 12 (legislative day, May 10), 1948.—Read; referred to the Committee on

Appropriations and ordered to be printed

THE WHITE HOUSE,

Washington, May 12, 1948. The PRESIDENT OF THE SENATE PRO TEMPORE.

Sir: I have the honor to transmit herewith for the consideration of Congress a supplemental estimate of appropriation for the fiscal year 1949

, in the amount of $27,323,000, for the Treasury Department, in the form of an amendment to the Budget for the said fiscal year.

The details of the estimate, the necessity therefor, and the reasons for its transmission at this time are set forth in the letter of the Director of the Bureau of the Budget, transmitted herewith, in whose comments and observations thereon I concur. Respectfully yours,

HARRY S. TRUMAN.

EXECUTIVE OFFICE OF THE PRESIDENT,

BUREAU OF THE BUDGET,

Washington 25, D. C., May 11, 1948. The PRESIDENT,

The White House. Sir: I have the honor to submit herewith for your consideration a supplemental estimate of appropriation for the fiscal year 1949, in the amount of $27,323,000, for the Treasury Department, in the form of an amendment to the Budget for said fiscal year, as follows:

8. Docs., 80-2, pol. 7 41

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and add the following proviso at the end of the paragraph: ; Provided, That not to exceed $300,000 of the amount appropriated under this head for the fiscal year 1949 shall be available for expenses, by contract or otherwise, of such management and operational studies as are necessary in the Bureau of Internal Revenue.

Pursuant to a provision in the Treasury Department Appropriation Act, 1948 (Public Law 147, 80th Cong.), an investigation of the Bureau of Internal Revenue was made by an advisory group of nonFederal tax experts designated for that purpose by the Joint Committee on Internal Revenue Taxation. The report of this advisory group was transmitted to the Joint committee on January 27, 1948. It was concluded by the advisory group that the enforcement activities of the Bureau of Internal Revenue are inadequate to cope with the responsibility of equitable tax administration, and that the employees of the enforcement group are in part underpaid. On the basis of their findings, the advisory group recommended that the annual appropriation of the Bureau be increased to $250,000,000, an increase of $62,000,000 over the current year appropriation. Such a program would eventually require 67,500 employees, an increase of about 17,500 in the enforcement activity. It will not be possible for the Bureau of Internal Revenue to absorb so large an increase in the fiscal year 1949. Therefore, this estimate provides for an increase of 10,000 employees by June 30, 1949, but due to the time required to recruit and train qualified employees, the amount recommended is only sufficient to support this number for an average of a little more than 6 months. This estimate also includes $4,795,549 for promoting a large number of the more experienced enforcement officers.

I recommend that the foregoing supplemental estimate be transmitted to the Congress. Respectfully yours,

FRANK PACE, Jr. Acting Director of the Bureau of the Budget

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S. Doc. 156

ATOMIC ENERGY ACT OF 1946-VETO MESSAGE

LETTER FROM THE SECRETARY OF THE SENATE

TRANSMITTING

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

RETURNING

WITHOUT APPROVAL THE BILL (S. 1004) ENTITLED “AN ACT TO AMEND THE ATOMIC ENERGY ACT OF 1946 SO AS TO GRANT SPECIFIC AUTHORITY TO THE SENATE MEMBERS OF THE JOINT COMMITTEE ON ATOMIC ENERGY TO REQUIRE INVESTIGATIONS BY THE FEDERAL BUREAU OF INVESTIGATION OF THE CHARACTER, ASSOCIATIONS, AND LOYALTY OF PERSONS NOMINATED FOR APPOINTMENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, TO OFFICES ESTABLISHED BY SUCH ACT

May 17 (legislative day, May 10), 1948.--Read; ordered to lie on the table and

to be printed

UNITED STATES SENATE,
OFFICE OF THE SECRETARY,

May 17, 1948. Hon. A. H. VANDENBERG,

President pro tempore, United States Senate. Dear Mr. PRESIDENT: On Saturday, May 15, 1948, during the recess of the Senate, the attached sealed message from the President of the United States addressed to the Senate of the United States was received by me at 2:02 o'clock p. m., which I am herewith delivering to you to be laid before the Senate at its meeting today Very sincerely,

CARL A. LOEFFLER, Secretary.

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To the Senate:

I return herewith, without my approval, the enrolled bill (S. 1004) entitled “An act to amend the Atomic Energy Act of 1946 so as to grant specific authority to the Senate Members of the Joint Committee on Atomic Energy to require investigations by the Federal Bureau of Investigation of the character, associations, and loyalty of persons nominated for appointment, by and with the advice and consent of the Senate, to offices established by such act."

The bill under consideration would amend section 15 (e) of the Atomic Energy Act of 1946, by adding at the end thereof a provision which would authorize the Senate Members of the joint committee to direct the Federal Bureau of Investigation to investigate the character, associations, and loyalty of any person appointed by the President under the act, whose appointment requires the advice and consent of the Senate, and would require the Director of the Federal Bureau of Investigation to report to the Senate committee in writing, setting forth the information developed by such investigation.

Under our form of government, the executive power is vested by the Constitution in the President. Other grants of power are made to the legislative and the judicial branches. As was said by the Supreme Court in the case of Humphrey's Executor v. United States (295 U. S. 602, 629):

The fundamental necessity of maintaining each of the three general departments of government entirely free from the control or coercive influence, direct or indirect, of either of the others has often been stressed and is hardly open to serious question.

The sound application of a principle that makes one master in his own house precludes him from imposing his control in the house of another who is master there.

S. 1004 is objectionable in that it would permit an unwarranted encroachment of the legislative upon the executive branch. Five Senators would be authorized to direct the Federal Bureau of Investigation, a bureau of the Department of Justice, to make investigations for them. The complete independence of the executive branch renders it imperative that the Executive have sole authority over the officers whom he appoints. Chief Justice Marshall said in Marbury v. Madison (1 Cranch 137, 164):

By the Constitution of the United States, the President is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience. To aid him in the performance of these duties, he is authorized to appoint certain officers, who act by his authority and in conformity with his orders In such cases, their acts are his acts; and whatever opinion may be entertained of the manner in which Executive discretion may be used, still there exists and can exist no power to control that discretion

Aside from the question of constitutionality, which I am advised is serious, I believe the bill is wholly unnecessary and unwise. It would authorize the Senate Members of the joint committee to utilize a bureau of an executive department and direct its head to perform functions for the legislative branch, at the same time that he was performing similar functions as part of the executive branch, with the possibility of confusion and misunderstanding as to which branch controlled.

I fully recognize my obligation in exercising my constitutional duty of appointment to obtain the facts about any person nominated to serve as a member of the Atomic Energy Commission. Every

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facility of the executive branch, including the Federal Bureau of Investigation, will be used to obtain those facts. I am entitled to have placed before me all relevant information, including material which in the public interest should be maintained on a highly confidential basis.

The measure, furthermore, appears impractical because, as I am advised, investigations conducted by the Federal Bureau of Investigation after the nomination of an individual has been publicly announced are not and cannot be as productive as those which are conducted on a confidential basis prior to an announcement.

Persons are always reluctant to disclose full information about an individual after his nomination has been sent to the Senate. The most reliable information is that which is obtained by the executive branch prior to nomination. This information is frequently of a category which cannot be made public without damage to the national interest. Although I have no desire to keep from Congress information which it should properly have, I must emphasize that the provisions of this bill are completely incompatible with the necessities of the operation of our Government and with the national security. Accordingly, I cannot give my approval to the bill.

HARRY S. TRUMAN. THE WHITE HOUSE, May 15, 1948.

S. 1004

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EIGHTIETH CONGRESS OF THE UNITED STATES OF AMERICA; AT THE SECOND

SESSION, BEGUN AND HELD AT THE CITY OF WASHINGTON ON TUESDAY, THE

SIXTH DAY OF JANUARY, ONE THOUSAND NINE HUNDRED AND FORTY-EIGHT AN ACT To amend the Atomic Energy Act of 1946 so as to grant specific authority to the Senate members of the Joint Committee on Atomic Energy to require investigations by the Federal Bureau of Investigation of the character, associations, and loyalty of persons nominated for appointment, by and with

the advice and consent of the Senate, to offices established by such

Act.
Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That section 15 (e) of the Atomic Energy Act of
1946 is amended by inserting at the end thereof the following: “The Senate
members of the joint committee, as a committee, hereafter referred to in this
subsection (e) as the Senate committee, and independent of the similar power
included in the broader authority of the joint committee as specified in the pre-
ceding sentence, may, prior to the giving of advice and consent or refusal to
advise and consent by the Senate to any appointment by the President under
this Act that requires such advice and consent, direct the Federal Bureau of
Investigation to investigate the character, associations and loyalty of any such
appointee. The Director of the Federal Bureau of Investigation shall cause such
investigation to be made and, upon completion thereof, shall report to the Senate
committee, in writing, setting out the information developed by such investiga-
tion, and shall thereafter furnish such amplification or supplementation thereof
as the Senate committee may direct.”

JOSEPH W. MARTIN, Jr.,
Speaker of the House of Representatives

A. H. VANDENBERG,

President of the Senate pro tempore [Endorsement on back of bill:) I certify that this Act originated in the Senate.

CARL A. LOEFFLER, Secretary.

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