CONGRESSIONAL RECORD - EXTENSIONS OF REMARKS - CONGRESSIONAL REFORM: A BACKGROUD SERIES--II, III, IV

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP71B00364R000500020001-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 34
• Document Creation Date: December 12, 2016
• Document Release Date: December 18, 2001
• Sequence Number: 1
• Publication Date: November 26, 1969
• Content Type: OPEN

NovVmber 26 1#6".?651?fek.ftWA2PilfaSlit0C-1-AecRtM9V,t6t9P2Ns
EXTENSIONS OF REMARKS
CONGRESSIGN. _AL REFORM : 4l3ACK-
GROUND SRI -ii, III, iv
HON. THOMAS M. REES
OF CAMDEN/A
IN THE HOUSE OF REPRESENTATIVES
Tuesday, November 25, 1969
Mr. ZEES, Mr. Speaker, the Special
Subcommittee on Congressional Reor-
ganization of the Committee on Rules
has now completed its draft 1$11 on con-
gressional reorganization. Because of
Many requests by Members interested in
congressional reform, and in order to be
of help to these Members, I am insert-
ing into the RECORD three items of back-
ground information: First, the final re-
port of the first Special Committee on
the Organization of Congress, dated
March 5, 1946, which accompanied
S. 2177, the Legislative Reorganization
Act of 1946; second, the Legislative Re-
organization Act of 1946; and third, a
report by Dr. George B. Galloway during
the 1951 hearings on the Evaluation of
the Effects of Laws Enacted To Reorgan-
ize the Legislative Branch of the Gov-
ernment, _
The special cubcommittee headed by
the Honorable B. F, Sr= has held 5 days
of public hearings on their preprint of
the reform bill and has scheduled 3 more
days of hearings for December 3, 4, and 5.
In the near future this draft will be rec-
ommended to the full Rules Committee,
which I hope will report it to the House
for action in January of 1970. It is for
this reason that I feel that the following
information, along with other material
to be inserted into the Rzcoric by my col-
league from New Hampshire (Mr. CLEvz-
Lon)) , will be especially useful to Mem
bers of the House:
CALENDAR No. 1427: LEGISLATIVE
REORGANIZATION ACT OF 1946
The Special Committee on tue Organiza-
tion of Congress, to whom was referred the
bill (S. 2177) to provide for increased effi-
ciency in the legislative branch of the Gov-
ernment, having considered the Lame, report
favorably thereon with amendments and rec-
ommend that the bill, as amended, do pass.
The most important amendment made by.
the special committee was to eliminate from
the bill Title VII-Self-Government for the
District of Columbia. The Committee on the
Judiciary has favorably reported a bill, S.
1942, to incorporate the Federal City Charter
Commission. Title VII of 5, 2177 and 8.
1942 are similar measures, having the same
objective of home rule for the District of
Columbia. Attainment of this desirable ob-
jective will be expedited, we believe, by the
enactment of S. 1942.
GENERAL STATEMENT
? 8. 2177 incorporates the recommendations
contained in the report of the Joint Commit-
tee on the Organization of Congress Report
No. 1,011 of Marcia 4, 1946. This report was
based upon Liyear's full and complete study
of the organization andsperation of the Con-
gress of the United States, Its 4.1M9St Unani-
mous findings and recommendatiOnS reflect
a consensus of opinion among Members of
Congress, political scientists, efficiency engi-
neers., and students Of government concern-
ing the conditions that handicap Congress
in the performance of its proper functions
and suitable remedies.
Since 1911 a series of. independent surveys
Of the machinery and methods of our Na-
tional Legislature haye been made by public
and private organizations. These surveys, in-
cluding that by the Joint Committee an the
Organization of Congress, have reached sub-
stantially the same conclusions as to the
defects in our legislative structure and op-
eration and as to ,appropriate correctives.
They are agreed that Congress today is
neither organized nor equipped to perform
adequately its main functions of determin-
ing policy, authorizing administrative or-
ganizations to carry out policy, and supervis-
ing execution of the resultant programs.
Devised to handle the simpler tasks of an
earlier day, our legislative machinery and
procedures are by common consent no loner
coMpetent to cope satisfactorily with the
grave and complex problems of the post-war
world. They must be modernized if we are to
avoid an imminent break-down of the leg-
islative branch of the National Government.
Determining policy
Cited as the Legislative Reorganization Act
of 1946, S. 2177 is designed to reconvert our
inherited and outmoded congressional ma-
chinery to the needs of today. One group of
provisions deals with strengtbening the pol-
icy determining function of Congress. Be-
cause of the volume and specialized charac-
ter of the legislative business, Congress has
logically delegated the initial work of policy
making to standing committees of its Mem-
bers. These committees have had a long and
useful history, some of them dating back to
the early days of the Republic. There have
been several major and minor reorganiza-
tions of the congressional committee system
through the years, as new problems have
arisen and old ones have disappeared. The
system has not been revamped to meet mod-
ern needs and conditions, however, since
1921. It is now in need of a complete over-
CONSOLIDATION OF SENATE
, .
haul to enable Congress to handle efficiently
the expanding problems of the postwar
world.
Today there are more than twice as many
standing committees in the Senate L t there
are principal provinces of public policy. Re-
sponsibility for legislative action is scattered
among 33 little legislatures which go their
own way at their own pace and cannot act
in concert. There jurisdictions are undefined
in the Senate rules, and there are many
committees functioning in the same problem
areas. For example, three Senate committees
deal with problems of commerce and in-
dustry, five deal with public land problems,
and six with the rules and administration
of the Senate. Furthermore, some commit-
tees are inactive and seldom or never meet.
To remedy this crazy-quilt pattern, S.
2177 would replace our jerry-built committee
structure with a simplified system of stand-
ing committees corresponding with the major
areas of public policy and administration
and having authority to hold joint hearings
with the parallel committees of the House of
Representatives on matters of common in-
terest. The correlation of the committee sys-
tems of the two Chambers with each other
would facilitate joint action on specific
measures by means of joint hearings.
It would also increase the efficiency of
the committee structure, facilitate closer
liaison between the two Houses, and econo-
mize the time of busy legislators and admin-
istrators alike. And the coordination of the
congressional committee system with the pat-
tern of the administrative branch of the
National Government would improve the per-
formance by Congress of its legislative and
supervisory functions, provide direct chan- ?
nels of communication and cooperation be-
tween the two branches, promote more har-
monious and unified action in the develop-
ment of public policies, and go a long way to
bridge the gap between the legislative and
executive branches of the Government.
STANDING COMMITTEES
Existing committees
Reorganized committees
1. Agriculture and Forestry
2. Appropriations
3. Military Affairs
4. Naval Affairs
5. Banking and Currency
6. Civil Service
7. Post Offices and Post Roads
8. District of Columbia
9. Expenditures in the Executive Departments
10. Finance
11. Foreign Relations
12. Interstate Commerce
13. Commerce
14. Interoceanic Canals
15. Manufactures
16. Judiciary
17. Patents
18. Immigration
19. Education and Labor
20. Public Lands and Surveys
21. Mines and Mining
22. Territories and Insular Affairs
23. Irrigation and Reclamation
24. Indian Affairs
25. Public Buildings and Grounds
26. Rules
27. Audit and Control
28. Library
29. Privileges and Elections
30. Printing
31. Enrolled Bills
32. Pensions
33. Claims
1. Agriculture and Forestry.
2. Appropriations.
3. Armed Services.
4. Banking and Currency.
5. Civil Service.
6. District of Columbia.
7. Expenditures in Executive Departments
8. Finance.
9. Foreign Relations.
10. Interstate and Foreign Commerce.
11. Judiciary.
12. Labor and Public Welfare.
13. Public Lands.
14. Public Works.
15. Rules and Administration.
16. Veterans' Affairs.
(Abolished.)
Moreover, the burden of committee work is
especially onerous in the Senate. At present
the combined membership of all the stand-
ing committees in the upper House is 481
and of the 11 major committees is 220. In
addition, there are 10 special committees of
the Senate, with a total membership of 87.
Altogether, the 96 Senators of the Seventy-
ninth Congress occupy 568 seats on its stand-
ing and special committees, an average of 6
seats per Senator. Nor are there any exclusive
committees in the Senate as there are in the
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E 1078 Ku ? txnszons of Kemaries ivovember 26, 1-9.69'
House, the members of which serve on no
other committees. Today no Senator serves
on less than 3 committees; and one sits on
10 committees, not counting the service on
subcommittees, of which there are 67 in the
Senate. In short, the Committeee work load
of United States Senators today is too heavy
to bear. Many Senators have so many com-
mittee assignments that they find it impos-
sible o attend their Meetings because of
conflicts and are present by proxy or not at
all. Under S. 2177 Senators would serve on
two standing committees each and no more,
with the exception of the District and Ex-
penditures Committees, whose members
Would serve on three committees each.
S. 2177 would also define the jurisdiction
of each reorganized committee so as to avoid
jurisdictional disputes between them. It
would expand the present meager staff facili-
ties of OUT standing committees, which are
the real workshops of Congress; permit each
oornmittee to appoint four experts in its
field; and strengthen the legislative refer-
ence and bill-drafting services which are our
own unbiased research and legal arms. The
bill would also authorize each senatorial and
congressional office to employ a high-caliber
administrative assistant to perform non-
legislative dailies and thus allow Members
mere time for the study and consideration
of national legislation.
As further steps toward improving the
policy-determining machinery of Congress, S.
2177 Would regularize committee procedure
as regards hearings, meetings, and records. It
would expedite the reporting and clarify the
understanding of bills. Committee powers are
defined, and permission to sit while the Sen-
ate is in session is restricted. The bill would
also, confine conference committees to the
007isideration of matters in disagreement be-
tween the two Houses and outlaw legislative
riders on appropriation bills.
? With a view to crystallizing the determi-
nation of party policy on major issues, and
to strengthen party government as an offset
to organized group pressures, S. 2177 provides
for the establishment of majority and mi-
nority policy committees in each House. Each
of these fqur committees would be composed
of seven members appointed in its entirety
at the opening of each New Congress. The
majority and minority policy committees in
both Houses would be appointed by their
respective majority and minority conferences.
There is no unity of command in Congress
today. Responsibility for the development
and coordination of legislative policy is scat-
tered among the chairmen of 81 standing
committees, who compete for jurisdiction and
power. Ara result, policy making is splintered
and uncoordinated. The proposed policy com-
mittees would formulate over-all legislative
policy of the respective parties and strength-
en party leadership. They would also help to
promote party responsibility and accounta-
bility for the performance of platform
promises.
In order to facilitate the formulation and
carrying out of national policy, and to pro-
mote better teamwork between the execu-
tive and legislative branches of the Govern-
ment, the bill further provides for the crea-
tion of a Joint Legislative-Executive Council.
This Council would be composed of the ma-
jority policy committees in Congress and of
the President and his Cabinet. It would seek
to bridge the gap between the two branches
created by our inherited system of separated
powers and to avoid those periodic deadlocks
between Congress and the President which
have hitherto caused dangerous crises in the
conduct of the Federal Government.
In the last analysis, Congress is the center
'of political gravity under our form of gov-
eriunerit because it reflects and expresses the
popular will in the making of national policy.
Too off-en, however, the true attitude of pub-
lic opinion is distorted and obscured by the
t d
pressures of special-interest groups. Beset by permanent appropriations which amoun e
swarms of lobbyists seeking to protect this or to 5,6 billion dollars in the fiscal year 1946.
that small segment of the economy or to Although Congress is charged by the Con-
advance this or that narrow interest, legis- stitution with the power of the purse, there
lators find it difficult to discover the real now is no correlation between income and
majority will and to legislate in the public outgo. Control of the spending power is di-
interest. As Government control of economic vided between the Senate and the House of
life and' its use as an instrument of popular Representatives, and within each House be-
welfare have increased, the activities of these tween its revenue and appropriating com-
mittees. Taxes are levied and appropriations
made by many separate committees. The
right hand does not know what the left hand
is doing.
To strengthen fiscal control, S. 2177 pro-
vides for the adoption of annual Federal
budget totals by joint action of the revenue
and appropriating committees of both
Houses. If total expenditures recommended
by the appropriating committees for the
coming fiscal year exceed total Federal in-
come as estimated by the revenue-raising
committees, Congress would be required by
record vote to authorize creation of addi-
tional Federal debt in the amount of the
excess. And if it appears midway through
the fiscal year that total appropriations are
going to exceed the total approved budget
figure, the President shall by proclamation
reduce them by a uniform percentage (ex-
cept for certain fixed charges), so as to
bring total expenditures within the limit
previously set. These limitations would not
apply, however, during a wartime emergency.
Oversight of administrative performance
A third group of provisions in the bill
is designed to strengthen congressional sur-
veillance of the execution of the laws by the
executive branch. Congress has long lacked
adequate facilities for the continuous in-
spection and review of administrative per-
formance. We often delegate the rule-mak-
ing power to administrative departments
and commissions, without making any pro-
vision for follow-up to see if administrative
rules and regulations are in accord with the
intent of the law. Several of the postwar
acts, for example, require certain agencies to
submit quarterly reports to Congress, but
assign the responsibility for scrutinizing
these reports to no legislative committees.
To remedy this situation, S. 2177 would
authorize the standing committees of both
Houses to exercise continuous surveillance of
the execution of the laws by the administra-
tive agencies within their jurisdiction.
Armed with the power of subpena and staffed
with qualified specialists in their respective
provinces of public affairs, these commit-
tees would conduct a continuous review- of
the activities of the agencies administering
laws originally reported by the legislative
committees. The reconstructed standing
committees will, it is hoped, roughly parallel
the reorganized administrative structure of
the executive branch of the Government and
will be utilized as vehicles of consultation
and collaboration between Congress and the
corresponding administrative agencies
within their respective jurisdictions.
Under this arrangement, it will no longer
be necessary to create specialcommittees of
investigation from time to time. Sporadic
investigations of the conduct of public af-
fairs in the past have often served a salutary
purpose by exposing administrative incompe-
tence or corruption and by improving the
execution of the laws. But they have lacked
continuity and have not provided the mem-
bers of standing committees with direct
knowledge of the information they have
gathered. In cases where legislative action is
indicated, standing committees find it nec-
essary to do much of the work over again.
S. 2177 proposes, therefore, to ban the use
of special committees hereafter.
As a further check upon the financial op-
erations of the Government and its care in
handling public funds, the bill authorizes
and directs the Comptroller General to make
administrative management analyses of each
powerful groups have multiplied. As the law-
making, money-raising, and appropriating
agency in the Federal Government, the acts
of Congress affect tihe vital interests of these
organized groups, many of which maintain
legislative agents on or near Capitol Hill.
These agents seek to transform the aims and
programs of their groups into public policy
by having them embodied in general legisla-
tion, by changing the tax laws to suit their
own purposes, by using their influence to re-
duce or eliminate the approrpiations for
agencies they dislike and to increase the ap-
propriations of agencies they favor, and by
pressing for the ratification or rejection of
treaties, Presidential nominations, and con-
stitutional amendments. A pressure-group
economy gives rise to government by whirl-
pools of special-interest groups in which the
national welfare is often neglected. The
pulling and hauling of powerful pressure
groups create delays and distortions which
imperil national safety in wartime and
threaten paralysis and bankruptcy in time
- of peace. The public welfare suffers in the
warfare of private groups and Congress be-
-comes an arena for the rationalization of
group and class interests.
Without impairing in any way the right
of petition or freedom of expression, S. 2177
provides for the registration of organized
groups and their agents who seek to influence
legislation. It also requires them to file de-
tailed quarterly accounts of their receipts
and expenditures. Full information regard-
- ing the membership, source of contributions,
and expenditures of organized groups would
prove hopeful to Congress in evaluating
their representations and weighing their
worth. Publicity is a mild step forward in
protecting government under pressure and
in promoting the democratization of pressure
groups.
Improved fiscal procedures
A second set of provisions in S. 2177 is de-
signed to strengthen Congress in the per-
formance of its appropriating function for
the administrative establishment. Hitherto
the efforts of Congress to compel compliance
with the laws making specific appropriations
have been too often frustrated. Congress has
permitted transfers between appropriations,
authorized the unlimited use of depart-
mental receipts, and set up credit corpora-
tions with separate budgets. The executive
has mingled appropriations, brought for-
ward and backward unexpended and antici-
pated balances, incurred coercive deficiencies,
and otherwise escaped the rigors of congres-
sional control.
To correct these conditions, at least in
part, S. 2177 provides for several improve-
ments in the legislative phase of the budget
process, it would provide for open hearings
on appropriation bills and require all such
bills to be fully and carefully considered by
the entire Appropriations Committees of
both Houses. It would allow members time
.to study the committee hearings and reports
on appropriation bills before their floor con-
sideration. It would provide each appropria-
tion subcommittee with a staff of four quali-
fied specialists in its particular expenditure
province with a view to making a more
thorough scrutiny of departmental estimates
anti to serve both the majority and minority
members. The bill would also forbi4 the re-
appropriation of unobligated balances except
for continuing public works, which were
estimated at 12.3 billion dollars for the fiscal
year 1946; prevent transfers between ap-
propriations; and take steps toward limiting
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agency in the executive branch, including
Government corporations. Such analyses,
with those made by the Bureau of the
Budget, will furnish Congress a double check
upon the economy and efficiency of adminis-
trative management. Reports on such anal-
yses would be submitted by the Comptroller
General to the Expenditures, Appropriations,
and appropriate legislative committees, and
to the majority and minority policy com-
mittees, of the two Houses.
Saving congressional time
Congress is overburdened by many local
and private matters which divert its atten-
tion from national policy making and which
it ought not to have to consider. It functions
as a common council for the District of Co-
lumbia. It serves as a tribunal for the settle-
ment of private claims. It spends much time
on pension bills, the construction of bridges
over navigable waters, and other private and
local matters. S. 2177 bans the introduction
In either House of private claims and pension
bills, bridge bills, and other local and private
legislation. Title IV provides for the adminis-
trative and judicial adjustment of tort claims
against the United States which Congress is
poorly equipped to settle. Title V grants the
consent of Congress to the construction of
bridges over navigable waters, subject to the
approval of the Chief of Engineers and the
Secretary of War. Self-government for the
District of Columbia?a reform long overdue
and a step toward reducing the legislative
work load?is separately provided for in leg-
islation introduced by Senator McCarron and
pending on the Senate Calendar.
Congressmen are also handicapped by a
host of routine chores for constituents which
they are glad to perArm, but which leave
them little time for the adequate study of
national legislative problems. From one-half
to three-fourths of the time of the average
Member is consumed with running errands
and knocking on departmental doors on be-
half of constituents. S. 2177 authorizes each
Senator and Representative to employ a well-
qualified administrative assistant to aid in
receiving callers and handling departmental
business. The bill also provides for the crea-
tion of a stenographic pool to help congres-
sional offices with their mail during busy
seasons. These provisions will enable Mem-
bers to make more efficient use of their time,
making for a better balance between national
and local, public and private business.
5.2177 also proposes an experimental
modification of the present meeting sched-
ules by staggering committee meetings and
Chamber sessions on alternate days. This
arrangement will make for closer concentra-
tion on committee work, on the one hand,
and for fuller attendance on the floor, on
the other. Nor would Senate committees be
permitted to meet during the sitting of the
Senate, without special leave.
These time- and labor-saving devices will
not only make for a more efficient use of con-
gressional time. They will also enable the
Congress, which has been in almost con-
tinuous session since 1940, to take a regular
annual recess. S. 2177 provides that, except in
time of war or national emergency, the two
Houses shall stand adjourned during July,
August, and September each year, recon-
vening on the second Tuesday in October.
Such a regular recess at definite annual in-
tervals will insure the return of Members
to their constituencies for that refreshment
of contact and exchange of opinion and ex-
perience so essential to responsive representa-
tive government.
Improving congressional services
and facilities
Another group of provisions in S. 2177 is
designed to improve the administrative serv-
ices and facilities available within the legis-
lative establishment. The internal adminis-
tration of the Congress has long been char-
acterized by duplicating housekeeping serv-
ices and obsolete methods of personnel ad-
ministration. Each House has its separate
postal, document, folding, stationery, mail-
ing, disbursing, doorkeeping, messenger, and
other services. And most of these positions
are subject to the hazards of the patronage
system.
In order to modernize the internal house-
keeping services of our National Legislature
and install up-to-date methods of personnel
administration, S. 2177 provides for the es-
tablishment of an Office of Congressional
Personnel. The Director of this Office shall be
appointed on merit by the majority and
minority leaders of the two Houses and shall
prepare plans for a modern personnel system
for all congressional employees and for the
efficient coordination of the existing house-
keeping services within the legislative estab-
lishment.
The bill also provides for remodeling the
Senate and House caucus rooms, for the more
efficient assignment of available space within
the Capitol, and more convenient dining fa-
cilities. The education and discipline of page
boys would be improved by selecting pages
from among boys who live at home or in
orphanages in the District of Columbia and
by arranging for their education in the pub-
lic schools of the District.
The usefulness of the Congressional Record
to all its readers would be increased under
this bill by the printing in it of a daily cal-
endar of legislative events, together with a
resume of congressional activities and an in-
dex of its contents.
Improving the composition of Congress
While the quality of the present personnel
of our Federal Legislature is as high as it
ever was in the good old days of Webster,
Clay, and Calhoun, the average level of abil-
ity and energy is still possible of improve-
ment. In the last analysis, of course, the com-
position of Congress depends upon the alert-
ness, public interest, and education of the
electorate. Nevertheless, steps can be taken
by Congress itself to attract even abler per-
sons to the legislative service. One such step
would be to pay higher salaries to Senators
and Representatives. S. 2177 would increase
the compensation of Members of Congress to
$15,000 a year, effective January 1, 1947. The
present salary of $10,000 a year has been in
effect since 1925. Impartial studies of the
cost of living show that, on the average, it
costs more to be a Congressman than the
position pays.
The bill would also encourage Members to
retire by permitting them to join the Federal
retirement system on a contributory basis. To
be eligible for retirement pay, Members would
be required to deposit 6 percent of their basic
salary, to have served at least 6 years in Con-
gress, and have attained the age of 62 years.
Those with at least 5 years of service could
be retired for disability and receive an an-
nuity. The annuity would amount to 21/2 per-
cent of a Member's average annual basic sal-
ary multiplied by the number of his years of
legislative service. But no annuity could ex-
ceed three-fourths of the salary received at
the time of separation from the service. All
other Federal employees may now participate
in the Federal retirement system, but Con-
gressmen are the forgotten men of social
security.
This inducement to retirement for those of
retiring age or with other infirmities is a rec-
ognition of the arduous labors now imposed
upon all Members. The resulting sense of se-
curity would contribute to independence of
thought and action on the part of Members.
It would also tend to bring into the legisla-
tive service a larger number of younger mem-
bers with fresh energy and new viewpoints
concerning the economic, social, and political
problems of the Nation.
What S. 2177 would cost
Enactment of the entire program embodied
in S. 2177 would increase the cost of the leg-
islative establishment only $12,000,000?a
negligible sum compared with the res-ultant
gains. The following table itemizes the added
cost:
Administrative assistant for each
Member $4, 272,
Government share of retirement
plan 3.000,
Salary raise for Members 2, 655,
Staff experts for standing com-
000
000
000
mittees
952,
000
Staff experts for Appropriations
Committees
768,
000
Expansion of Legislative Refer-
ence Service
300,
000
Policy committee staffs
120,
000
Stenographic pool
100,
000
Expansion of office of legislative
counsel
6 0,
000
Increase in compensation of con-
gressional officers
44,
235
Salary of director of congres-
sional personnel
10,
000
Total estimated increase 12,
281,
235
Surely this a modest price to pay for in-
creased efficiency in the legislative branch of
the Government. Even with this modest in-
crease, the total cost of the legislative branch
would be $6,000,000 less than the 1947 budget
estimate for the office of the Administrator
of Civil Aeronautics alone. It would be more
than offset by the abolition of the patronage
system, the reduced cost of shorter sessions,
the reduction from 33 to 16 in the number
of standing committees to be staffed and
supported, and the great economies in pub-
lic expenditures to be brought about by
the fixing of Federal Budget totals.
The national interest involved in the de-
velopment of a stronger, more efficient, and
more representative Congress needs no em-
phasis here. Congress itself and the entire
Nation will derive immeasurable benefits
from the enactment of this bill.
These are critical days for the Govern-
ment of the United States. Congress and the
President are beset by a host of postwar
problems at home and abroad. Our machin-
ery of government, which was devised for
the simpler tasks of the nineteenth century,
is breaking down under its tremendous work
load. Democracy itself is in grave danger of
disintegrating from internal dissensions un-
der the terrific pressures of the postwar
world.
Congressional reform will not solve all the
problems that beset us. That will require
good men, good will, and good policies as
well as good governmental machinery. But
modernized machinery will greatly increase
the efficiency of Congress. By revising our
antiquated rules and improving our facili-
ties, we can at once revitalize our National
Legislature, expedite the adjustment of our
postwar problems, and renew popular faith
in American democracy. The time has come
for Congress to reform itself. The time to
act is now.
SECTION BY SECTION ANALYSIS
INTRODUCTORY MATTER
The matter preceding title I of the bill
provides a short title for the bill, namely the
"Legislative Reorganization Act of 1946";
sets up a table of contents; and provides the
usual separability clause.
TITLE I?CHANGES /N RULES OF SENATE AND
HOUSE
This title either specifically or by implica-
tion makes changes in the rules of the Sen-
ate and House. These changes are extensive,
although in great measure they relate di-
rectly or indirectly to realinement, juris-
diction, and procedure of committees. This
is one of the fundamental reforms proposed
to be brought about by this bill. In that con-
nection it will be noted that the bill as writ-
ten contains no realinement of House com-
mittees or specification of their jurisdiction,
although the report of the Joint Committee
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E 10080 APPr?v c1CFOICTEVItg?(3149t2Piiti-FSIPZ1A99043rfici919,143??Wo9,ember 6; 1969
oil the Organization of Congress pursuent cornmittee in each case in distributing the
to House Concurrent Reetilution 18 (Rept. rater imposing list of subjects for legisla-
No. 101.1) made reeomniehdations bearing tive consideration among the various com-
mittees. it is sufficient to say that the as-
signments were Made as nearly as may be
on a functional basis, althoUgh the com-
mittee is frank to concede, and it is believed
the Senate will appreciate, that such a rule
could not be followed to the letter. How-
ever, the committee has made an earnest
effert to set up a workable committee struc-
ture,.
It Will be noted that whereas the report
made pursuant to House Concurrent Resolu-
tion 18 recommends a Committee on Interior,
Natural Resources, and Public Works in
which IN ould be consolidated se eight Sen-
thereon. Your committee felt that this haat-
,
ter was of such fundamental importance that
it would be in the interest of eternity and
expedition to leave that subject to be han-
dled by Way of amendment in the House.
Section 101. Rule-making power of the Senate
and Houle
Inasmuch as this title, ere indicated, makes
changes in the rules of elle two Houses it
LS provided in this section that these 'pro-
visions are enacted as art exercise of the
rule-making power Of the Senate and, the
House of Representatives, respectively, and
as such they shall be considered as part of the
rules of each House, respectively, or of that
House to which they specifically apply; and
such rules shall supersede other rules only
to the extent that they are Inconsistent there-
with. It is further provided that these pro-
visions are enacted with full recognition of
the constitutional right of either House to
change 'such rules (so faras relating to the
procedure in such House) at any time, in
the same manner and to the same extent as
in the case of any other rule of such House.
This procedure will be recognized as that
provided with regard to congressional action
on resolutions under recent reorganization
acts.
PART 0. STANDING BTJLES Or THE SENATE
Section 102. Standing cOmmittees of the
Senate
This Section amends rule X.XV of the
Standing Rules of the Senate relating to
standing committees. In short it provides for
16 standing committees in lieu of 33 under
existing rules, fixes the nilembership of each
such standing comMittee :at 13 Senators, in
lieu of the varying mem1Vrships of existing
committees, and specifies M considerable de-
tail, by Subject Matter, the jurisdiction of
each such committee, a platter not provided
for under existing rules except in isolated
instances.
It is not the purpose - of this report to
present the considerationi which Moved the
Subject
(a) Committee on Agriculture and Fmestry, to consist 01 13 Senators, to which committee shell be referred all
promised legislation, messagee?. petitions, memorials, and other matters relating to the following subjects:
1. Agriculture generally ,......
2. Inspection of livestock Mel meat products
3. Animal industry and diseases of animals
4. Adulteration of seeds, insect pests, and protection of birds and animals in forest reserves_ _
5. Agricultural colleges and experiment stations do
6. Forestry in general, a newest reserves other than those created from the public domain do_
7. Agricultural economics aid research_ - . _ _ do
8. Agricultural pod industriel chemistry. _ _ do
9. Dairy industry do
10. Entomology and plant qaerantine do_
11. Human nutrition and home economics.
12. Plant industry, soils, andegricultural engineering
13. Agricultural educationatextension services_
14. Extension of farm credit and farm security-_
TABLE I. -C1:41,1501. MATRA OF S
Foisting committees
1 Agriculture and Foresivy
2. kpprupriatinns
3 vtlrtary Affairs
4. iaval Affairs
5. Banking arid Currency.
6. Civil Service
7. post Office and Post Roads
8 District of Columbia
9. Expenditures in Executive Departmen
10 Finance
11 Foreign Relations
12 nterstate COM M erce___
13 Commerce
14. nteroceamc Canals
15 Manufactures
16 iudiciary
17. Patents
18. mmigration
19. Education and Labor _
20 Public Lands and Surveys
21. Mines and Mining_
22 Territories and Insular Affairs__
23 irrigation and Reclamation
24 Indian Affairs
25. Public Buildings and Grounds
26. flutes
27. ,Audit and Control
28. Library
29. Privileges and Elections
30 Printing
31 Enrolled Bills
32 Pensions.
33. Claims_
ate committees, your cOnimittee felt that this
cocnmIttee would be heavily everburdeneo
an reconlinencis instead the distribution of
lhi jurisdiction to two Committees namely,
a qommittee on Public Lands and a Oc)munit-
ted on Public Works.
lthough, as hat been indicated, 'the corn-
ml tee has deemed it wise not to explain in
delai1 the assignment of the varioU3 subject
maitters, the following tables, first, will
suggest in a general way the consolidation
eff cted inSofar as it areas the etatus of
th e:dsting standing committers of the
Se ate and., second, will show the jurisd:ic-
t1oi by subject Matter Under preterit com-
mi tee strhcture and Under the proposed
rea1linemeflt.
EIVAllE STANDING COMMITTEES
Remgantzed committees
I. Agriculture and Forenirus
_
. 2. Appropriatioes
1 3 Armed Services.
4. Banking and Currency.
1 5. Civil Service.
6. District of Columbia.
7. Expenditures in Executive Departm
8. Finance.
9. Foreign Relations.
istate and Foreign Commerce.
1. Judiciary.
1_ 12. Labor and Public Welfare.
113. Public Lands.
4 public Works.
5. Pules and Adimonrutcajien
TABLE ii -JURISDICTION OF PRESENT AND PROPOSED COMMITTEES I
Present courntittee I
Agriculture and Forestryj
do
do
15. Rural electrification _i-
16. Agricultural production end marketing and Mabilization of prices of agricultural products...
17. Crop insurance and soileinservation
(b) Committee on Appropriations, to:consist of 13 Senators, to which Committee shall be referred all proposed
legisfation, messages, petition% memorials, and other matters relating to the following subject:
1. Appropria on of the revenue for the support of the Government __ Appropriati
(c) Cominfitee on ArmedServices, at consist of 13 Senators, to which tommittee shall be referred all proposed
legislation, messages, petitions, memorials, and other matters relating to the following subjects:
,..
1. Common defense generally
2. The War Department add the Military Establishment generally_
3_ The Navy Department arid the Naval Establishment general!),
4 Soldiers' and sailors' homes Military and Naval Affaits__ _
5. Pay, promotion, retirerrent, and other benefits and privileges of members of the armed forces ,
6. Selective service _?_, Military Affairs -1
7. Size and composition 011ie Army and Navy_ Military and Naval Affaiis
8. Forts, arsenals, military-reservations, and navy yards do
9. Ammunition depots__ do
11. Conservation, develop nt, and use of naval petroleum and oil-shale reserves
an4 Zone.
Naval Affairs
12. Strategic and critical materials necessary far the common defense Military Affairs.
do
do_
do.
f Agriculture and Forestryll.
- tilanking and Currency
IS. Veterans' Affairs
(Abol shed.)
Proposed'committse
_ Agriculture and Forestry.
Do
Do._
Do. -
Do.
Do.
Do.
Do.
Do.
Do.
_____ ------
A
. Agriculture and Forestry
f Naval Affairs__ ..
I Military Affairs_ _
do 4
Naval Affairs
Do.
Do.
Do.
Do.
Do.
Do.
Appropriations.
'}Armed Ser
10. Maintenance arid ocperafion of the Panama Canal, including the administration, sanitation, and Military Affairs
government of the . '1
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1)o.
1)0.
1)0.
Do.
Do.
Do.
1)0.
On.
Do.
Do.
Do.
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TABLE IL-JURISDICTION OF PRESENT AND PROPOSED COMMITTEES--Continued
Subject
Present committee Proposed committee
(d) Committee on Banking and Currency, to consist of 13 Senators, to which committee shall be referred all pro-
posed legislation, messages, petitions, memorials, and other matters relating to the following subjects:
1. Banking and currency generally Banking and Currency Banking and Currency.
2. Financial aid to commerce and industry, other than matters relating to such aid which are specifically _do Do.
assigned to other committees under this rule.
3. Deposit insurancedo Do.
4. Public and private housing JBanking and Currency Do.
lEducation and Labor _
5. Federal Reserve System Banking and Currency Do.
6. Gold and silver, including the coinage thereof do Do.
7. Issuance of notes and redemption thereof do Do.
8. Valuation and revaluation of the dollar do Do.
9. Control of prices of commodities, rents, or services do Do.
(e) Committee on Civil Service, to consist of 13 Senators, to which committee shall be referred all proposed legis-
lation, messages, petitions, memorials, and other matters relating to the following subjects:
1. The Federal civil service generally Civil Service Civil Service.
2, The status of officers and employees of the United States, including their compensation, classifi- do Do.
cation, and retirement.
3. The postal service generally, including the railway-mail service, and measures relating to ocean Post Offices and Post Roads Do.
mail and pneumatic-tube service; but excluding post roads.
4. Postal-savings banksdo On.
5. Census and the collection of statistics generally Commerce Do.
6. The National ArchivesLibrary Do.
(f) Committee on the District of Columbia, to consist of 13 Senators, to which committee shall be referred all
proposed legislation, messages, petitions, memorials, and other matters relating to the following
1. All measures relating to the municipal affairs of the District of Columbia in general, other than District of Columbia District of Columbia.
subjects:
appropriations therefor including--
2. Public health and safety, sanitation, and quarantine regulations do On.
3. Regulation of sale of intoxicating liquors do Do.
4. Adulteration of food and drugs do Do.
5. Taxes and tax sales do Do.
6. Insurance, executors, administrators, wills, and divorce do Do.
7. Municipal and juvenile courts do Do.
8. Incorporation and organization of societies do Do.
9. Municipal code and amendments to the criminal and corporation laws do Do.
(g) (1) Committee on Expenditures in the Executive Departments, to consist of 13 Senators, to which committee
shall be referred all proposed legislation, messages, petitions, memorials, and other matters relating to
the following subjects:
(A) Budget and accounting measures, other than appropriations
Expenditures lathe Executive Departments__ Expenditures in the Executive Depart-
ments.
(B) Reorganizations in the executive branch of the Government . 1 udic iary Do.
(2) Such committee shall have the duty of-
(A) receiving and examining reports of the Comptroller General of the United States and of sub- Do.
mitting such recommendations to the Senate as it deems necessary or desirable in connection
with the subiect matter of such reports;
(B) studying the operation of Government activities at all levels with a view to determining its Do.
(C) evaluating the effects of laws enacted to reorganize the legislative and executive branches of Do.
economy and efficiency;
(D) studying intergovernmental relationships between the United States and the States and Do.
the Government;
municipalities, and between the United States and international organizations of which the
United States is a member.
(h) Committee on Finance, to consist of 13 Senators, to which committee shall be referred all proposed legis-
lation, messages, petitions, memorials, and other matters relating to the following subjects:
1. Revenue measures generally Finance Finance.
2. The bonded debt of the United States do Do.
3. The deposit of public moneys do Do.
4. Customs, collection districts, and ports of entry and delivery do Do.
5. Reciprocal trade agreements do Do.
6. Transportation of dutiable goods do Do.
7. Revenue measures relating to the insular possessions do Do.
(i) Committee on Foreign Relations, to consist of 13 Senators, to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other matters relating to the following subjects:
1. Relations of the United States with foreign nations generally Foreign Relations Foreign Relations.
2. Treaties ? do Do.
3. Establishment of boundary lines between the United States and foreign nations do Do.
4. Protection of American citizens abroad and expatriation do Do.
5. Neutrality do Da.
6. International conferences and congresses do Do.
7. The American National Red Cross Judiciary Do.
8. Intervention abroad and declarations of war Foreign Relations Do.
9. Measures relating to the diplomatic servicedo Do.
10. Acquisition of land and buildings for-embassies and legations in foreign countries ' do Do.
11. Measures to foster commercial intercourse with foreign nations and to safeguard American business do Do.
interests abroad.
12. United Nations Organization and international financial and monetary organizations '113anking and Currency I On.
IForeign Relations
13. Foreign loans Banking and Currency Do.
(j) Committee on Interstate and Foreign Commerce, to consist of 13 Senators, to which committee shall be
referred all proposed legislation, messages, petitions, memorials, and other matters relating to the follow-
1. Interstate commerce generally Interstate Commerce Interstate and Foreign Commerce.
mg subjects:
2. Regulation of interstate railroads, busses, trucks, and pipe lines do Do.
3. Communication by telephone, telegraph, radio, and television do Do.
4. Civil aeronautics Commerce Do.
5. Merchant marine generally do Do.
6. Registering and licensing of vessels and small boats do Do.
' 7. Navigation and the laws relating thereto, including pilotage do Do.
8. Rules and international arrangements to prevent collisions at sea do Do.
9. Merchant marine officers and seamen do Do.
10. Measures relating to the regulation of common carriers by water and to the inspection of merchant do Do.
marine vessels, lights and signals, lifesaving equipment, and fire protection on such vessels.
11. Coast and Geodetic Survey do Do.
12. The Coast Guard, including life-saving service, lighthouses, lightships, and ocean derelicts do Do.
13. The U.S. Coast Guard and Merchant Marine Academies do Do.
14. Weather Bureaudo Do.
15. Except as provided in paragraph (c), the Panama Canal and interoceanic canals generally Interoceamc Canals Do.
16. Inland waterways Commerce Do.
17. Fisheries and wildlife, including research, restoration, refuges, and conservation do Do.
18. Bureau of Standards, including standardization of weights and measures and the metric system do Do.
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-
TABLE 11.-JURISDICTION OF PRESENT AND PROPOSED COMMITTEFS--Contintied
Subject Present committee Preposed cesirnittee
(,) Committee on the Judiciary, to consist of 13 Senators, to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other matters rela ing to the following subjects;
1. Judicial proceedings, eivitand criminal, generally Judiciary i . lutfiniaiy. e-
a. Constitutional amendments _ do i - _ Do. a
3. Federal courts and judges 4 - ado .
4. Local courts in the Territories and possessions . do a
5. Revision and codification at the Statutes of the United States,. do 1
8. Holidays and celebrations do al _ Do. a
6. National penitentiaries do a
7. Protection of trade and commerce against unlawful restrainte and monopolies e
- se
4
9. Bankruptcy, mutiny, espionage, and counterfeiting - - do :
10. State and Territorial bounafary lines 4 do a
11. Meetings of Congress, attendance of Members, and their acceptance of incompatible offices
12. Civil liberties do ' Do
do Do
13. Patents, copyrights, and trade-marks Patents _i,
' a ...-
14. Patent Office
d
15. Immigration and naturalization - , Immigo .- ration i
1
16. Apportionment of Representatives Commerce .. DEta
o.??.
Judiciary -1 Do.
17. Measures relating to claims against the United States
Do.
18. Interstate compacts generally
(I) Committee on Labor and Public Welfare, to consist of 13 Senators, to Which committee shall be referred all
proposed legislation, messages, petitions, memorials, and other mat ers relating to the following subjects:
I. Measures relating to education, labor, or public welfare geneially,
_
do
.
Education and Labor .1 Leber and Nitlic Welfare.
2. Mediation and arbitration of labor disputes
do i
:
i -
. opt):
3. Wages and hours of labor_ o
"Judiciary .
-
llnterstate Commeice I _ Ilj-
- Immigration - Do.
_ Education and Labor_ _1_ - [.. _ 'De 'AL
do --_ _ . De.
Agriculture__ _ .1'Do, ....,
Education and Labor .1. Do. ._
Finance I
g Interstate Commerce i oo. _a
Do '
4. Convict labor ahd the entry of goods made by convicts into interstate commerce_
5. Regulation or prevention of importation of foreign laborers udder contract
6. Child labor
7. Labor statistics
. Labor standards.. _
9. School-lunch program_
10. Vocational rehabilitation ___
. ,
11. National social security, except revenue measures relating thereto_
12. Railroad labor and railroad retirement and unemployment except revenue measures relatin
thereto.
13. United States Employees Camponsation Commission ._
14. Columbia Institution for the Deaf, Dumb, and Blind; Howard University: Freedmen's Hospital; an
St. Elizabeths Hospital.
15. Public health and quarantine
16. Welfare of miners.... .
(m) Committee on Public Lands, to consist of 13 Senators, to which conittlittee shall be referred all proposed
legislation, messages, petitions, memorials, and other matters relating to the following subjects:
1, Public lands generally, including entry, eesements, and grazing thereon.
2. Mineral resources of the public lands __
3. Forfeiture of land grants and alien ownership, tncluding alien [ownership of mineral lands
4. Forest reserves and national parks created from the public domain,
5. Military parks and battlefields, and national cemeteries
6. Preservation of prehistoric reins and objects of interest on tht public domain
7. Measures relating generally to Hawaii, Alaska, end the insula possessions of the United States,
except those affectina thele revenue and appropriations.
8. Irrigation and reclamation, including water supply for reclamatian projects, and easement at public
lands for irrigation projects.
9. Interstate compacts relating to apportionment at waters for ir igation puiposes
10. Mining interests generally__
11. Mineral land laws and claims and entries thereunder.
12. Geological survey, _..
13. Mining schools and experirrieetal statiorri
14. Petroleum conservation and conservation of the radium simpfir in the United States
15. Relations of the United States with the Indians and the Indian tribes..
16. Measures relating to the care, education, end management of Indians, including the care and allot-
ment of Indian lands and general and special measures relating to claims which am paid out of
Indian funds.
(i1) Committee on Public Works, to consist of 13 Senators, to which comniittee shall be referred all proposed
legislation, messages, petitions, memorials and other matters relating to the following subjects;
1. Flood control and improvement of rivers and harbors_
2. Public works for the benefit of eavigation, and bridges and das (other than international bridges
_ Education and Labor
d District of Columbia
Edutetion and Labor. Do -
. Mines and Mining
Public Lands and Surveys_ _ Public Landaa'
do
do 1
On.
.do a
Do
__de
Territories and Insular Affair
Irrigation and Reelarriation Do.
do Do. _
. ;Vines and Mining Do
do.
do.
do do
"Public Lands and Surveys '
Do
aMinits and Mining.
Indian Affairs Do
do Do
Commerce i Publte Works
_ _do . Do
and dams).
3. Water power
do , Do.
4. Oil and other pollution of navigable waters_ ____ _?, _ - _doDo.
5 Public buildings 'and occupied or improved grounds of the Unted States generally_ Public Buildings and Grounda Do.
6. Measures relating to the purchase of sites and construction of post offices, customhouses, Federal . do I De.
courthouses, and Government buildings within the District of lolumbia. ,
7. Measures relating to the Capitol Building and the Senate and 'louse Office Buildings. _do
8. Measures relating to the maintenance and care of the buildings anff grounds c4 the Botanic Gardens, Do
I Do.
the Library of Congress, and the Smithsonian institution.
9. Public reservations and parks within the Districtof Columbia, ncluding Rock Creek Park and the do
Zoological Park. Do
10. Measures relating lathe construction or maintenance of roads end post roads. _ Post Offices and Post Roads i , Do.
i
(OW Committee on Rules and Administration, to consist of 13 Senators, td which committee shall lie referred i
all proposed legislation, messages, petitions, memorials, and other matters relating to the following 1
subjects:
(A) Matters relat ng lathe payment of money out of the contin nt fund of the Senate or creating a Audit and Control the Continent Expenses Wei and AdMinistration.
/
t
charge upon the same; except that any Msolution relati g to substantive matter within the at the Senate
do
iurisdiction of any other standing committee of the Se ate shall be first referred to such
committee.
(B) Except as provided in oaf. (n) 8, matters relating to the Libtery of Congress and the Senate Li-
brary; statuary and pictures; aceeptance"or purchase of works of art for the Capitol; the
Botanic Gardens; management of the Library of Congress; purchase of books and manu-
scripts; erection of monuments lathe memory of individeals.
(C) Except as provided in par. (n) 8, matters relating to the Smithsonian_lestitution and the incor-
poration of similar institutions.
(I)) Matters relat ng to the election of the President, Vice President, or Members of Congress;
corrupt practices; contested elections; credentials and mialifications; Federal elections gen-
arallYI Presidential succession.
(E) Matters relating to parliamentary rules; floor and gallery rule; Senate Restaurant; Senate Office
Building; Senate wing of the Capitol; assignment of office space; and ser vices to the Senate.
(F) Matters relating to printing and correction of the Congressional Record.
(a) Such committee shall also have thellety of examthaning all bills. amendments. and joint resolutions after
passage by the Senate; and,. in el:operation with the Committee on ouse Administration of the House
to see that the same are correctly enrolled; and, when signed by
1
of Representatives, of exammingall bills and joint resolutions which shall have passed both Houses,he Speaker of the House and the
eresident of the Senate, shall forthwith presentthe same, when they shall have originated in the Senate,
to the President of the United States in person, and report the fact and date of such presentation to
the Senate. Such committee shallalso have the duty of assigning off ce space in the Senate wing of the
Capitol and in the Senate Office Building.
Lib is my
do
Privileges and Elections_ j
Rules_ _
Printing
Enrolled Bills_ -_.
Do.
Do.
Do.
DO.
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TABLE II.?JURISDICTION OF PRESENT AND PROPOSED COMMITTEES?Continued
Subject
Present committee
Proposed committee
(p) Committee on Veterans' Affairs, to consist of 13 Senators, to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other matters relating to the following subjects:
1. Veterans' measures generally Finance Veterans' Affairs.
2. Pensions of all the wars of the United States, general and special Pensions Do.
3. Life insurance issued by the Government on account of service in the Armed Forces Finance Do.
4, Compensation, vocational rehabilitation, and education of veterans do Do.
5. Veterans' hospitals, medical care and treatment of veterans do Do.
6. Soldiers' and sailors' civil relief Military Affairs Do.
do Do.
7. Readjustment of servicemen to civil life
It is provided that each Senator shall
serve on two standing committees and no
more; except that Senators of the majority
party who are members of the Committee
on the District of Columbia or of the Com-
mittee on Expenditures in the Executive De-
partments may serve on three standing
committees and no more. Your committee
will frankly explain the reason for this lat-
ter provision. It had been hoped that com-
mittee service of each Senator would be
limited to two standing committees and in
the light of generally increased jurisdiction
of committees that would normally be suf-
ficient. However, it was discovered that with
a close alinement of the two major parties
in the Senate that arrangement would leave
many committees of the Senate in which
the majority party did not have control, that
is, the members would be evenly divided.
The committee felt that that was nota sat-
isfactory arrangement and hit upon the ex-
pedient of permitting Senators of the ma-
jority party who are members of the two
committees named above (District of Co-
lumbia and Expenditures in the Executive
Departments), whose jurisdiction was rela-
tively light as compared with other com-
mittees, to serve on three standing
committees.
Section 103. Appropriations
This section amends rule XVI dealing with
amendments to appropriation bills and while
rewritten in its entirety this was due in
great measure to the change in the names
of the committees under the revised com-
mittee structure. The only substantial
change made in this section is the provision
which prohibits the Committee On Appro-
priations from reporting an appropriation
bill containing amendments proposing "any
restriction on the expenditure of the funds
appropriated which proposes a limitation
not authorized by law," and further provides
that any such restriction shall not be re-
ceived by way of an amendment to any gen-
eral appropriation bill.
It is specifically provided that when a
point of order is made against any limita-
tion on expenditure of funds appropriated
in a general appropriations bill on the ground
that the limitation violates this rule
(whether for violation of the limitation just
discussed or any limitation now contained
in rule XVI), the rule shall be construed
strictly and, in case of doubt, in favor of
the point of order.
Section 104 and section 105. Printing and
rules
These sections made formal changes to
conform to changes in the rules relative to
committee structure, but in view of section
224 of the bill dealing with transfer of func-
tions to the new committees, these sections
are unnecessary and have been stricken from
the bill.
PART 2. PROVISIONS APPLICABLE TO BOTH
HOUSES
Section 121. Private bills banned
This section bans private bills, resolu-
tions, and amendments authorizing or
directing the payment of property damages
for personal injuries or death or for pen-
sions; the construction of bridges across
navigable streams; or the correction of mili-
tary or naval records, It is provided, however,
that the provisions of this section shall not
apply to private bills or resolutions con-
ferring jurisdiction on the Federal courts to
hear, determine, and render judgment in
connection with private claims otherwise
cognizable under the Federal Tort Claims
Act if the claim accrued between January 1,
1939, and December 31, 1944, the last day
being the day before the effective date (for
the purpose of accrual of claims) of the
Federal Tor; Claims Act. This will permit
consideration of bills or resolutions covering
claims going back for a period of 6 years and
would seem to be ample to prevent any in-
equities.
Section 122. Joint hearings -
This section authorizes the standing corn-
inittees of the two Houses to hold joint
hearings with respect to subject matter
within their respective jurisdictions.
Section 123. Congressional recesses
This section fixes a definite adjournment
period for the Congress for each year, from
the last of June until the second Tuesday in
October, except in time of war or during a
national emergency proclaimed by the Pres-
ident. It is provided, however, that the
Members of the Congress may be called back
by the President of the Senate and the
Speaker of the House whenever in their
opinion legislative expediency warrants it
or whenever the majority leader or the
minority leader of the Senate and the major-
ity leader or the minority leader of the
House, acting jointly, file a written request
with the Secretary of the Senate and the
Clerk of the House that the Congress re-
assemble for the consideration of legislation.
Section 124. Committee procedure
Various provisions relating to committee
procedure are set forth in this section. Some
of these procedures are now in effect in the
case of many committees of the Congress.
This section will make specific provision
therefor.
Each standing committee must set aside a
regular period during each month to permit
Members to appear before the committee on
bills or resolutions which they have intro-
duced; each such committee must fix regular
weekly, biweekly, or monthly meeting days
for the transaction of business, and addi-
tional meetings may be called by the chair-
man; each such committee shall keep a com-
plete record of all committee action, which
shall include attendance and a record of
votes on any question on which a record vote
is demanded, which record vote shall be
printed in the Congressional Record. It is
made the duty of the chairman of each com-
mittee to report promptly to the Senate or
House, as the case may be, any measure ap-
proved by his committee and to take neces-
sary steps to bring the matter to a vote; but
no measure or recommendation shall be re-
ported from any committee unless a majority
of the committee were actually present and
voted in favor of the report.
Further, each committee report shall con-
tain an outline of proposed legislation in
nontechnical digest form, together with a
supporting statement of reasons for its en-
actment and a statement of the national in-
terest involved. This report shall also include
estimates of cost. All such outlines, state-
ments, and estimates shall be prepared by
the committee staff.
Each standing committee shall, so far as
practicable, require witnesses to file in ad-
vance written statements of their testimony
and to limit oral presentations to brief sum-
maries. The staff of each committee shall
prepare digests of such statements for use
of committee members. All hearings are re-
quired to be open to the public except execu-
tive sessions for marking up bills or for vot-
ing or where the committee by a majority
vote orders a secret executive session in the
interest of national security.
Section 125. Committee powers
This section embodies the procedural pow-
ers normally given to Senate committees and
extend it generally to standing committees
of the House. Owing to the greater volume
of work imposed on the smaller number of
committees under the bill, it is recommended
that expenditures for any Congress be fixed
at not in excess of $10,000 for each commit-
tee in lieu of $5,000 now fixed for Senate com-
mittees.
It is further provided that no standing
committee of the Senate or the House, ex-
cept the Committee on Rules of the House,
shall sit without special leave while the
Senate or the House, as the case may be, is
in session. This will extend to the Senate the
rule now applicable to House committees ex-
cept in the case of the Committee on Rules.
Section 126. Special committees banned
This section provides that no special or se-
lect committee, including a joint committee,
shall be established or continued by bill,
resolution, or amendment.
Section 127. Conference rules on amend-
ments in nature of substitute
This section in effect makes specific the
application to amendments in the nature of
a substitute of the conference rules now.
applicable to numbered amendments, and
will outlaw the expedient resorted to in re-
cent years of conferees bringing back legisla-
tion not passed by either House.
Section 128. Legislative oversight by standing
committees
In effect, this section directs each standing
committee of the Senate and the House to
exercise continuous surveillance of the exe-
cution by the administrative agencies con-
cerned of laws within the jurisdiction of the
respective committees.
Section 129. Decisions on questions of
committee jurisdiction,
This section provides that questions with
respect to committee jurisdiction shall be
decided by the Presiding Officer of the Senate
or the House, as the case may be, without
debate, in favor of that committee which
has jurisdiction over the subject matter
which predominates; but the decision is
subject to an appeal.
Section 130. Estimates of receipts and
expenditures
This section requires the Committee on
Ways and Means and the Committee on Ap-
propriations of the House and the Committee
on Finance and the Committee on Appro-
priations of the Senate to meet jointly at
the beginning of each session and after study
and consultation to report to their respective
Houses estimated over-all Federal receipts
and expenditures for the ensuing fiscal year.
The report is to be made within 60 days after
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the opening of the session or by April 15,
whichever fLrst OMITS. If the estimated ex-
penditures exceed the estireated receipts the
report must be accompanied by a concurrent
resolution reciting that it is the sense of the
Congress that the public debt should be in-
creased in an amount equal to the amount
by which the estimated expenditures exceed
the estimated receipts. Until this resolution
has been agreed to by both Houses no gen-
eral appropriation bill appropriating money
for the ensuing fiscal year shall be received
or considered in either House. The section is
not applicable in time of war or during a
national emergency proclaimed by the
President.
Section 131. Hearings and, reports by
Appropriations Committees
This section protides that general appro-
priation bills shall not be Considered runless
prior to the consideration printed committee
hearings and reports have been available for
at least three calendar daya for the Members
of the House in which such bill is to be con-
sidered, The Appropriation Committees are
further authorized and directed, acting joint-
ly, to develop standard appropriation classi-
fication schedules, and it is required that the
part of the printed hearings containing any
agency's request for appropriations shall be
preceded by such a schedule.
The section further provides that no gen-
eral appropriation bill 'or aniendment thereto
shall be in order if it contains any provision
reappropriating unexpended balances; but
this provision shall not apply to appropria-
tions in continuation of appropriations for
public works on which worn has commenced.
The Appropriations Cominittees are also
directed to make a study of permanent appro-
priations with a view to limiting their num-
ber, and also a study of the disposition of
funds resulting from the sale of Government
property or services with a view to recom-
mending a uniform system of control with
respect to such funds,
Section 132. Records al Congress
The Secretary of the Senate and the Clerk
of the House, acting jointly, are directed by
this section to obtain at the close of each
Congress all noncurrent records and transfer
them to the National Archives; and the Clerk
of the House is directed to collect the non-
current records of the House of Representa-
tives from the First to the Seventy-six Con-
gress, inclusive, and transfer them to the
National Archives,
Section 133. Preservation of committee
hearings
This section requires the Librarian of Con-
gress to have bound the printed hearings of
testimony taken by each committee of the
Congress.
Section 134. Effective date
'This title takes effect on the day on which
the Eightieth Congress convenes; except that
the provisions relatere to reports, just dis-
cussed, take effect on the date of enactment.
mem II?MISCELLANEOUS
This title contains miscellaneous provisions
relating to congressienal personnel, commit-
tees of Congress, the Capitol- Building, and
policy committees.
PART 1. STATUTORY PROVISIONS RELATING To
CONGRESSIONAL PERSON NEL
Section 201. Office of Congressional Personnel
This section creates the Office of Congres-
sional Personnel headed by a Director ap-
pointed by the majority and minority leaders
of the Senate and House of Itepresentativee,
acting jointly. The Director will receive com-
pensation at the, rate of $10,000 a year and is t
to be appointed without regard to political
affiliations and solely On the ground of fitness
to perform the duties of the office.
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One of the initial functions of the Director
(others will be noted hereinafter) is to pre-
pare a plan for a modern personnel system
for all employees of the Senate and House
(including employees under the Architect
of the Capitol), to make a complete study
of overlapping and duplicating services with-
in the legislative establishment, and to pre-
pare a plan for the establishment of efficient
services and to report to Congress at the
earliest practicable date. Any plan or sched-
ule prepared by the Director must contain
as an integral part provisions that appoint-
ments to any office or position under the
Senate or the Mouse shall be made only upon
certification by the Director that the ap-
pointee is qualified, and in addition, in the
case of committee staffs, upon recommenda-
tion of the Director; and that service em-
ployes of the Capitol shall be appointed on a
merit basis established by the Director to
the end that the so-called patronage system
shall be discontinued and the fee system for
guides abolished.
The provisions of this section do not apply
and the authority of the Director does not
extend to elected officers of the Senate or
House or to personnel of Members' offices or
to personnel of party policy committees pro-
vided for in the bill.
Section 202. Stenographic pool
Under this section the Director is required
to ta.blish a stenographic pool In each of
of embers during peak periods.
1
the ensite and House Office Buildings for use
Section 203. Increase in compensation for
certain cortgressitmal officers
This section increases the basic compensa-
tion of elected officers of the Senate and
House (not including the presiding officers)
by 50 percent, effective January 1, 1947; and
increases the appropriations for the Office of
the Vice President and the Office of the
Speaker by approximately 50 percent,
Section 204. Administrative assistant to
Members
This section authorizes each Senator Rep-
resentative, Delegate, and the Reeident Coen-
raiss#oner from Puerto Rico to appoint an
administrative assistant at a salary of $8,00e
a year. -
Section 205. Committee staffs
This section authorizes each standing com-
mittee to appoint four professional staff
members (in addition to the clerical staffs),
who are to be appointed on a permanent
basis upon the recommendation and certi-
ficatiOn of the Director, without regard to
political affiliations and solely an the basis
of fitness to perform the duties of the office.
These staff members may not engage in any
work other than committee business and no
other duties may be assigned to them.
In he case of e Committees Appro-
priatiOns, each such committee and each subs
cominittee thereof is to be provided with a
prole/Mime' staff, two members of which
;Mall be assigned to the chairinan of the
committee arid each subcommittee thereof
and ten) members to the ranking minority
member of each such comraittee and sub-
corrunittee thereof.
The clerical staff of each standing com-
mittee will consist of six clerks, two to be
attached to the office of the chairman, two
to the ranking minority member, and two
to thei professional staff; and the office of
committee janitor is abolished.
It is required that all committee hearings,
records, data, charts, and files shall be kept
separate and distinct from the congressional
office receipt:is of the Member serving as chair- i
man; and such records are declared to be
he property Of the Congress and all members
of the committee and the respective Houses
hall have access to such records.
Until the Director submits a plan for re-
vision of legislatiVe pay schedules a nd such
ranging from $6,000 to $.8;b00, and the clerical
iiii
pla is accepted by the: Congress, the pro-
fes ional staff menibers Will receive annual
co pensatien, to be fixed by the chairman,
staff will receive annual compensation rang-
ing from $2,000 to fi6,00CiS When the Director
has submitted a -plan for revision of pay
schedules and suck plan is accepted by Con-
greSs, all provision/ of Ian sinthorizir g chair-
/nen of standing cernmittees to reareinge or
charge the ealariee and number of eommit-
tee empolyees are repealed, and the per-
sonnel of Members' office,s shall nee be as-
signed any committee work.
It is specincally provided that no l'ionemit-
tee shall appoint to its etaff any experts or
other personnel detailed or assigned from
any department or ageney of the -Govern-
ment except with the Written permission
of the Committee on Rules and Affielnistra-
time of the Senates or the Committee on
Rouse' Administration of the House of Rep-
rese tatives, as the ease may be.
Se tion 206. Legislature Reference Pervice
This section gives spectlic statutny au-
tho ty for the Legislative Reference Serv-
ice f the Library of Congress and prescribes
de led statutory itinctkins for tbst Serv-
ice. n addition to the other funetiare the
Direetor of the Service le to assign compe-
tent] persons to the press and radio galleries
tolvette Senate and the Home of Repeesenta-
The Director and Assistant Director of the
Sent ce are to be appeinted by the Librarian
upon recommendation and certification of
the !Director of Congress/mat Personnel. All
persennel of the Service are to be apsointed
witheut regard to the civil-service laws and
solely on the ground of fitness to perform
the euties of their offices. Specific prevision is
mad a for the appeintment of senior spe-
cialts in certain broad fields and su.th spe-
deli ts, together with smith other members
of tile staff as may be necessary, are to be
avail ble for special. work with the commit-
tees f Congress.
In reased appropriations for the work of
the latiye Reference. Service are au-
ed as follows: (1) len the fiscal year
endig ,rune 30, 1947, $550,000; (2) ler the
fiscal year ending June le, 1948, $1350,000;
(3) !ler the fiscal year ending June 30, '1949,
8750,000; and (4) for each: fiscal year there-
after isuch sums as rimy be necessary to carry
on the work of the Service. -
Secti+n 207. Office of the Legislative Counsel
Th4s section autherizes appropriations for
the ffice of the Legislative Counsel is fol-
lows:
(1) For the fiscal year ??ending June 39,
1947 150,000.
(2) For the fiscal year -ending June 30.
1948, 8200,000, . _
(3)' Far the fiscal yeas ending June 20,
1949, 8250,000,
(4)1 For the fiscal year ending Jame 30,
1950, 8250,000.
(5) ' For each fiscal year thereafter such
sums as may be necessary to carry en the
Work f the Office. ,
Thee figures are increases over poet ap-
prop tons for this office; for example, the
appro riation contained in the pending leg-
islati appropriation bill is $105,000.
Becti 268. Reductions its appropriations
Th section provides that if on Decem-
ber 31 in any itscal yew, arerafter the budget
resolu ion discussed above '(sec. 130 (b) of
title I has been agreed to, the President
s of opinion that the expenditures for that
fiscal ear will exceed receipts in an amount
greate than tee excea specified in the romo-
ution the Preeldent shall so proclaim; and
thereupon all appropriations (except perma-
nent eppropr1ation5 and appropriations for
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servicing the public debt, for veterans pen-
sions and benefits, and to trust funds) shall
be reduced by a uniform percentage which
will reduce the aggregate amount of funds
appropriated for that fiscal year in an
amount equal to the difference between the
excess proclaimed by the President and the
excess specified in the resolution. The sec-
tion is not to be applicable in time of war
or during a national emergency proclaimed
by the President.
Section 209. Transfer of appropriations
This section, effective July 1, 1947, pro-
hibits the transfer of funds from one ap-
propriation account to another or from one
organization unit to another in the execu-
tive departments and other executive agen-
cies,
Section 210. Studies by the Comptroller
General
This section authorizes and directs the
Comptroller General to make a study of re-
strictions in general appropriation accounts
limiting expenditure of specified appropri-
ations, with a view to determining the cost
to the Government incident to comply with
such restrictions and to report to the Con-
gress with respect thereto.
Section 211. Administrative management
analyses by Comptroller General
This section authorizes and directs the
Comptroller General to make an administra-
tive management analysis of each agency in
the executive branch, to enable Congress to
determine whether public funds have been
economically and efficiently administered
and expended. Reports on such analyses are
to be submitted to the Committees on Ex-
penditures in the Executive Departments, the
Appropriations Committees, the legislative
committees having jurisdiction over legisla-
tion relating to the operations of the re-
spective agencies, and each of the majority
and minority policy committees.
PART 2. STATUTORY PROVISIONS RELATING TO
COMMITTEES OF CONGRESS
Section 221. Improvement of Congressional
Record
This section authorizes and directs the
Joint Committee on Printing to make pro-
vision for printing in the daily Record the
legislative program for the day, together with
a list of congressional committee meetings
and hearings; and to cause a brief r?m?f
congressional activities for the previous day
to be incorporated in the Record, together
with an index of its contents. The data will
be prepared under the supervision of the
Secretary of the Senate and the Clerk of the
House, respectively.
Section 222. Joint Committee on Printing
This section provides that the Joint Com-
mittee on Printing shall consist of the chair-
man and two members of the Committee on
Rules and Administration of the Senate and
the chairman and two members of the Com-
mittee on House Administration of the House
of Representatives. This provision is made
necessary by reason of the fact that the Com-
mittees on Printing of the respective Houses
are abolished in the rearrangement of corn-
subject matter to which such functions,
powers, and duties relate; except that respec-
tive chairmen of the Civil Service Commit-
tees are to be members of the National
Archives Council since under the bill the Na-
tional Archives come under the jurisdiction
of the Civil Service Committees.
'PART 3. PROVISIONS RELATING TO CAPITOL AND
POLICY COMMITTEES
Section 241. Remodeling of caucus rooms and
restaurants
This section authorizes and directs the
Architect of the Capitol to prepare and
submit to Congress plans for the remodeling
of the caucus rooms in the Senate and House
Office Buildings and the Senate and House
restaurants. By a committee amendment the
provision relating to the chambers of the two
Houses has been stricken out as this project
has already been authorized by law.
Section 242. Assignment of Capitol space
Under this section the President pro tern-
pore of the Senate and the Speaker of the
House are to cause a survey to be made of
available space which could be utilized for
joint committee meetings, meetings of con-
ference committees, and other meetings re-
quiring attendance of both Senators and
Members of the House, and to recommend
the reassignment ofsuch space to accommo-
date such meetings.
Section 243. Senate and House pages
This section provides that pages for the
Senate and House shall be appointed by the
Director of Congressional Personnel from
among boys from the metropolitan area of
the District of Columbia. The Secretary of
the Senate and the Clerk of the House are
directed to enter into an arrangement with
the Board of Education of the District of Co-
lumbia for the education of these pages and
pages of the Supreme Court in the public
school system of the District, with provision
for reimburseinent to the District for any
additional expenses incurred.
Section 244. Majority and minority policy
committees
This section recommends the establish-
ment of policy committees by the majority
party and the principal minority party in
each of the two Houses, for the formulation
of over-all legislative policy, and authorizes
an appropriation of $30,000 annually for each
policy committee for the maintenance of a
staff. The members of each such staff are to
be appointed and their compensation fixed by
the policy committee concerned, but no such
compensation shall be fixed at a rate in ex-
cess of $8,000 per annum.
Section 245. Joint legislative-executive
council
This section provides that when the ma-
jority policy committees are established they
shall serve on a formal council to meet at
regular intervals with the Executive and
members of his Cabinet to consult and col-
laborate in the formulation and carrying out
of national policy. It is further provided that
from time to time the minority policy com-
mittees shall be included in such conferences
on broad questions of foreign and domestic
policy.
mittees, heretofore discussed. Section 246. Experimentation with meeting
Section 223. Joint Committee on the Library schedules
Similarly, under this section the Joint This section, in effect, recommends that
Committee on the Library will consist of the there be experiments with schedules for
chairman and four members of the Commit- meeting of the two Houses to determine
tee on Rules and Administration of the San- whether business might not be more ef-
ate and the chairman and four members of flciently transacted by providing for alter-
the Committee on House Administration of nate days for Chamber sessions and corn-
the House. mittee meetings, or by providing for three
Section 224. Transfer of functions full days for committee meetings and three
full days for sessions in the Chamber, or by
Owing to the rearrangement of committees providing some other schedule, including
this section transfers the function, powers, night sessions.
and duties imposed on a standing commit-
tee-of the Senate or the House to the stand- Section 247. Effective date
ing committee created by this act to which is This section fixes an effective date for
transferred legislative jurisdiction over the this title. With the exception of sections 205
(a) , (b) . and (c) 222, 223, 224, and 243, the
title is made effective on the day on which
the Eightieth Congress convenes.
TITLE III--REGULATION OF LOB13YING ACT
This title deals with a subject that has
frequently been before the Congress, in the
form of bills to regulate lobbying activities.
In order that there may be no misunder-
standing of the purposes of this title the
committee desires to make a statement as to
what the title does and what it does not do.
There follow some of the things that the
title does not do:
First. It does not curtail the right of free
speech or freedom of the press or the right
of petition.
Second. It has no application to the pub-
lishers of newspapers, magazines, or other
publications, acting in the regular course of
business.
Third. It has no application to persons who
appear openly and frankly before the com-
mittees of Congress and engage in no other
activities to influence legislation.
Fourth. It does not require any reports of
any persons or organizations now required
to report under the provisions of the present
Corrupt Practices Act.
Fifth. It does not apply in any manner to
persons who appear voluntarily without com-
pensation.
Sixth. It does not apply to organizations
formed for other purposes whose efforts to
influence legislation are merely incidental
to the purposes for which formed.
On the other hand the title applies chiefly
to three distinct classes of so-called lobby-
ists:
First. Those who do not visit the Capitol
but initiate propaganda from all over the
country in the form of letters and telegrams,
many of which have been based entirely
upon misinformation as to facts. This class
of persons and organizations will be required
under the title, not to cease or curtail their
activities in any respect, but merely to dis-
close the sources of their collections and the
methods in which they are disbursed,
Second. The second class of lobbyists are
those who are employed to come to the Capi-
tol under the false impression that they
exert some powerful influence over Members
of Congress. These individuals spend their
time in Washington presumably exerting
some mysterious influence with respect to
the legislation in which their employers are
interested, but carefully conceal from Mem-
bers of Congress whom they happen to con-
tact the purpose of their presence. The title
In no wise prohibits or curtails their activ-
ities. It merely requires that they shall reg-
ister and disclose the sources and purposes
of their employment and the amount of their
compensation.
Third. There is a third class of entirely
honest and respectable representatives of
business, professional, and philanthropic or-
ganizations who come to Washington openly
and frankly to express their views for or
against legislation, many of whom serve a
useful and perfectly legitimate purpose in
expressing the views and interpretations of
their employers with repect to legislation
which concerns them. They will likewise be
required to register and state their compen-
sation and the sources of their employment.
Section 301. Short title
This section provides a short title, namely,
the "Federal Regulation of Lobbying Act."
Section 302. Definitions
This section contains definitions and for
convenience or reference the definitions of
"contribution," "expenditure," and "legisla-
tion" are included herein as follows:
(a) The term "contribution" includes a,
Sift, subscription, loan, advance, or deposit
of money or anything of value and includes
a contract, promise, or agreement, whether or
not legally enforceable, to make a contribu-
tion.
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(b) The term "expenditure" includes a
payment, distribution, loan, advance, de-
posit, or gift of money or anything of value,
and includes a contract, promise, or agree-
ment:, whether. or not legally enforceable, to
make an expenditure.
*
(e) The term "legislatiOn" means bills,
resolutions. amendments, 2ioniinations, and
other matters pending or proposed in either
House of Congress, and includes any other
matter which may be the Subject of action
by either House.
Section 303. Detailed accounts of
contributions
This section makes it the duty of every
person soliciting or receiving contributions
(as defined above) to any - organization or
fund for the purposes defined in section
307 (post) to keep a detailed and exact ac-
count of all contributions; the name and ad-
dress of every person making a contribu-
tion of $500 or more and the date thereof;
all expenditures made by or on behalf of
the organization or fund; and the name Mail
address of every person to whom any ex-
penditure was made, and the date thereof.
It is further made the duty of such person
to keep receipted bills for expenditures' in
excess of $10, and to preseree the receipted
bills and accounts required to be kept for
at least 2 years from the date of filing of the
statement containing such items.
Section 304. Receipts for contributions
This section requires every individual who
receives a contribution of $1500 or more her
the purposes specified in sedition 307 (poet).
within 5 days after receipt, to render to the
person or organization for Which it was re-
ceived a detailed aceount thereof. including
the name and address of the person making
the contribution and the _date on whieh
received.
Section 305. Statentents to be filed with Clerk
of House .
This section requires every' person receiv-
ing any contributions or expending any
money for the purposes speeified in section
301 (post) to file with the Clerk of the House
a statement showing -the names and ad-
dresses of persons contributing $500 or more;
the total sum of the contributions made to
or for such person during the calendar year
and not stated under the foregoing require-
ment; the total sum of all contributions
made to or for such person &Ming the calen-
dar year; the name and address of each per-
son to whom an expenditure of $10 or more
has been made within the calendar year by en
on behalf of such person and the amount,
date, and purpose of such ekpenditure; the
total sum of all expenditures made by or on
behalf of such person during the 'calendar
year and not stated under the foregoing re-
quirement, and the total expenditures made
by or on behalf of such panne during the
calendar year. Statements required to be
filed hereunder shall be centelative during
the calendar year to which they relate.
Section 306. Statement press rued for 2 years'
Statements required to be filed with the
Clerk must be preserved for a period of 2
years from the date or filing, ahall constitute
part of the public records a his office, and
shall be open to public inspection.
Section 307. Persons to when applicable
This section defines the application of the
title and includes any person Who by himself
or through any agent or employee or other
person in any manner whatsoever, directly or
indirectly, solicits, collects, or receives money
or any other thing of value to be used princi-
pally to aid, or the principal purpose Of
which person is to aid, in the accomplish-
ment of any one of the following purposes:
(a) The passage or defeat of any legisla-
tion by the Congrese of the !United States. c
It will be noted in this ecemection that 1
under the definition set forth above "legisla
tiont means bills, resolutions, amendments
nominations, and other matters pending or
prolapsed in either House and Includes an
other matter which may be the subject of
actirin by either House.
(b) To influence, directly or indirectly, th
passage Or defeat of any legislation by th
Congress.
(c) To influence, directly or indirectly, th
election or defeat of any candidate for an
elective Federal office.
Section 308. Registration with Secretary 0
Senate and Clerk of House
This section reul
- permit an 8-year period for disposing of pest
claims,
Attention is called to the fact that there
y is nhw On the Hoite Calendar a isil (H El,
181, 79th Gong.) aimost identical w th this
title The essential diffeferice is that the
e Hole hill puts a ;maximum limitation of
e $10, 00 en claims for 'Which suit :nay be
brotight, whereas this title as repoted by
e your committee clntains no such limita-
? tion The committee is of the opinion that
in iew of the binning of private claim
bilA in the Congress no. such imitation
I sh ld be imposed, 'and that with mepect te
this type of claim theGovernment should
be c4ut in the same position as any prhate
pant .
-
Fe the informatien of the Senate he fee-
, lowi g statement from the House Coniniittee
repo t Oh RR.. 181 :(ll Rept. No. 12E7, 79th
Con ., let sees.), catering-the history of this
legis ation and a stirarnary of existing law is
incolporated and neede a part of this report:
"HISTORY LOF LEGISLATION
"hinder existing Taw, while the 'Govern-
men may be sued lb contract. it is n ft gen-
erall subject to snit in tort, weeny; as to
admiralty and maritime torts
' ads of departfnents are perm' led to
nia1 administrativa adjustments of certain
typeof tort claims for small ameunts. Other
clai 1, if adjusted It all, are handle" indi-
yid' lly by private hills, which either make a
three appropriation-for the payment of the
clai or else remit the claimant in suit
eith in the Court `Of ?lentils or in a United
Statsdistriet court,
"Per many years lhe present sysie m has
been Subjected to criticism, both as being 'Un-
duly burdensome te the Congress land as
beingt unjust to the eaaima.nts, in that it closenot eceord to injured parties a recovery as a
matter of right but bases any sward that
may rn 4.1
be ade on considerations grace.
Mor vera it does nit afford a Well-definedconti ually operating machinery for tile oon-
sidertion of such elaims. For roans years
bills n this subjeet have been Introduced
from time to time "attempting to approach
atter in various ways. During tee Set-
h Congress a hell, HR. 9285, which en-
ed to deal with this matter passedHOUSOS but eneountered a pocket veto
hands of President Coolidge, Which it
erstood was prineally based en, the
hat the function of acting as counsel
e Government in suelf cases wee to be
d by that bill ha the Comptrolle. Gen-
o en-
gage* himself for pay or for any considera-
tions. for the purpose of attempting to in
iluenc,e the pa.ssage or defeat of legislation
to register with the Clerk of the House and
the Secretary Of the Senate, giving full de-
tails of his employment, and to report each
calendar quarter details concerning money
receited and expended by hirn during the
preceding calendar quarter in carrying on his
work, There are excepted from the provisions
of this section persons who merely appear
before committees in support of or in op-
position to legislation but who engage in no
further or other activities in connection with
the passage or defeat of such legislation;
public officials acting in their official capes>
Ity; and newspapers and periodicals acting
in the regular course of business. All In-
formation required to be filed with the Clerk
and Secretary shall be compiled by them,
acting jointly, arid printed in the COngreaw
atonal Record.
SectiOn 309. Reports and statements to be
made under oath
This section requires all reports and state-
menta to be made under oath.
Section 310. Penalties
This section makes it a misdemeanor to
violate any of the provisions of the title and
provides punishment by fine of not more
than '65,000 or imprisonment for not more
than 12 months, or both. In addition to these
penalties any person convicted of the hese
demeanor specified above is prohibited for a
period of 3 years from attempting to influ-
ence hirectly or indirectly the passage or de-
feat of any proposed legislation or from ap-
pearing before a committee of the Congress
In support Of or in opposition to proposed
legislate:of and any person who violates this
provision is guilty of a felony and subject to
punishment by a fine of not more than $10.-
000 or imprisonment for not more than 5
years, or both.
Section 311. Exemption
This section provides that the title shall
not apply to practices or activities regulated
by the Federal Corrupt Practices Act nor be
Construed as repealing any portion of said
act.
TTTLE IT?FEDERAL TORT CLAIMS ACT
This title waives, with certain imitations,
governmental immunity to suit in tort and
permits suits on tort claims to be brought
against the United States. It is complemen-
tary to the provision in title I banning pri-
vate bills and resolutions in Congress, leaving
claimants to their remedy under this title.
In addition, the title extends the existing
authotity of heads of Government depart-
ments to adjust tort claims. Under existing
law such authority is restricted to claims for
property loss and damage not exceeding
$1,000. This title would extend it to cases of
personal injury or death, but retains the
maximum limitation of $1,000.
The title applies to claims accruing on and
after ?uary 1, 1045, thus going back for
ono inn seselon of Congress, and together
with the provision in section 121 (ante) per-
mitting bills and resolutions to be considered
overing olefins scorning betwelit January
, 1939, and December 31, 1944, will in effect
the
entie
deav
both
at th
Is u
fact
for t
repos
eral I stead of in the Attorney Geneml.
"In the Seventy-sixth Congress 11.E., 7236
passel the House on September 12, 1940.
but the pressure of other urgent matters pre-
vented its consideration in the Senate be-
fore the close of the (session
"Ind the Seventy-seventh Congress a simi-
lar bill, S. 2221, was passed by the Senate
and hies approved in substance by this com-
mittee. Previous to such action, hearings
were held befote a subcommittee tf the
Comni and
duced
ittee on the Judiciary on H.R 6463
earlier bill, 11.R. 5873, both Intro.
by Representative Caller.
'Thje magnitude of the task of considering
and ci posing of private claims can be gath-
ered fjiom the following statistics:
"In the. Sixty-eghela Congress about 2,200
private claim bills were introduced of ahielia
250 became law, then the largest number in
the history of the Claims Committee.
"In the Seventieth Congress 2,268 private
claim int were introduced, asking MOPE than
$100, 0,000. Of these, 336 were enaeted, ap-
propri tirig alseut $2,$80,000, of which 144, In
the a ount of $562,000, were for tort.
In each Of the Sevellity-feeirth and
Sevently-fifth Congresses over 2,800 private
claim bills were introduced, seeking more
$
than 00,000,000. In the Seventy-sixth Con-
gress approximately 2,000 bills were Intro-
duced, of which 315 were approved, for a total
of $8261,000.
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In the Seventy-seventh Congress, of the
1,829 private claim bills introduced and
referred to the Claims Committee, 593 were
approved for a total of $1,000,253.30. In the
Seventy-eighth Congress 1,644 bills were in-
troduced; 549 of these were approved for a
total of $1,355,767.12. So far during the pres-
ent Congress1,279 private claim bills
have been introduced. Of these, 225 have been
enacted, ,appropriating about $965,353.06. ,
"SUMMARY OF EXISTING LAW
"Since 1855 the Government has been sub-
ject to suit on contract in the Court of
Claims (act of February 24, 1855; 10 Stat. 612,
amended by act of March 3, 1863; 12 Stat.
765) . By the act of March 3, 1887, known as
the Tucker Act, concurrent jurisdiction was
,conferred on the United States district courts
over such contract claims and other claims
"not sounding in tort" against the Govern-
ment as involve a sum not exceeding $10,000.
By the act of June 25, 1910 (36 Stat. 851;
TJ.S.C., title 35, sec. 68), the United States
submitted itself to suit for patent infringe-
ment. Such suits may be brought only in
the Court of Claims.
"By the act of March 9, 1920 (41 Stat. 525;
U.S.C., title 46, sec. 742), the Government
was subjected to being sued in the district
courts in respect to admiralty and maritime
torts involving merchant vessels or tugboats
owned or operated by the Government. By
the act of March 3, 1925 (43 Stat. 1112;
U.S.C., title 46, sec. 781) , the right to sue the
Government in respect to admiralty and
maritime torts was extended so as to include
damages caused by a public vessel of the
United States. This authority was without
limitation as to the amount of the claim.
"As a result of the statutes briefly sum-
marized above, the Government is subject
to suit in contract, on admiralty and mari-
time torts, and for patent infringement. On
the other hand, no action may be maintained
against the Government in respect to any
common-law tort. The existing exemption in
respect to common-law torts appears incon-
gruous. Its only justification seems to be
historical. With the 'expansion of govern-
mental activities in recent years, it becomes
especially important to grant to private in-
dividuals the right to sue the Government in
respect to such torts as negligence in the
operation of vehicles.
"In respect to certain classes of small
claims the heads of departments are per-
mitted by existing law to make administra-
tive adjustment. However, in no case, is a
court review now provided, if the claimant
feels aggrieved at the disposition made of
his claim by the head of the department.
Thus by the act of December 28, 1922 (42 Stat.
1066; U.S. Code, title 31, sec. 215), the head
of each department or independent estab-
lishment was authorized to adjust any claim
for property loss or damage caused by the
negligence of an officer or employee of the
Government acting within the scope of his
employment if the amount of the claim does.
not exceed $1,000. It will be observed that this
authority does not extend to claims for per-
sonal injuries or death. There are special
statutes in existence permitting the heads
of a few departments to adjust claims of a
character defined in such statutes, generally
not exceeding $500 in amount. For example,
the Postmaster General is vested with power
to settle claims not exceeding $500 involv-
ing either personal injuries or property dam-
age caused by operations of the Post Office
Department.
"The present bill would establish a uni-
form system authorizing the administrative
settlement of small tort claims and permit-
ting suit to be brought on any tort claim not
exceeding $10,000, with the exception of cer-
tain classes of torts expressly exempted from
the operation of the act."
PART 1. SHORT TITLE AND DEFINITIONS
Section 401. Short title
This section provides a short title, namely,
the "Federal Tort Claims Act."
Section 402. Definitions
This section defines the terms used in the
title and makes it clear that its provisions
cover all Federal agencies, including Govern-
ment corporations, and all Federal officers
and employees, including members of the
military and naval forces (in the case of the
latter it is noted that section 421(j) ex-
cludes from the application of the title claims
arising out of the activities of the military
and naval forces or the Coast Guard, during
time of war).
PART 2. ADMINISTRATIVE ADJUSTMENT OF
TORT CLAIMS
Section 403. Claims of $1,000 or less
This section authorizes the head of each
Federal agency, or his designee, to adjust
claims accruing on and after January 1, 1945,
not exceeding $1,000 on account of property
loss or damage or personal injury or death
caused by the negligence or wrongful act or
omission of a Government employee of such
agency while acting within the scope of his
employment. In general, any award or de-
termination is final and conclusive, except
when procured by means of fraud. The ac-
ceptance of any award, compromise, or set-
tlement releases both the Government and
the employee from liability.
Section 404. Reports
Under this section the heads of Federal
agencies are required to make an annual re-
port to Congress of all claims paid under this
part.
PART 3. SUITS ON TORT CLAIMS
Section 410. Jurisdiction
This section vests exclusive jurisdiction
In the United States district courts over
claims against the United States, accruing
on and after January 1, 1945, on account
of property loss or damage or personal in-
jury or death caused by the negligence or
wrongful act or omission of a Government
employee while acting within the scope of
his employment. The trial will be without a
jury as is now the case in suits under the
Tucker Act. The liability of the United States
will be the same as that of a private person
under like circumstance, in accordance with
the Ideal law, except that no punitive dam-
ages and no interest prior to judgment may
be recovered.
Suit may not be instituted on a claim
presented to a Federal agency under part 2
until it has been finally disposed of by the
agency or withdrawn from consideration of
the agency, and in any case suit shall not be
brought for any sum in excess of the amount
of the claim presented to the Federal agency
except where based upon newly discovered
evidence or evidence of intervening facts.
Section 411. Procedure
This section provides that the practice
and procedure shall be in accordance with
the Rules of Civil Procedure, and the same
provision for counterclaim and set-off, for
interest upon judgments, and for payment
of judgments are applicable as in cases
brought in the district courts under the
Tucker Act.
Section 412. Review
Final judgments in the district courts
are made subject to review by appeal to the
circuit court of appeals or, with the written
consent of all appellees, to the Court of
Claims. Judgment would then be subject
to review by the Supreme Court to the same
extent as in other cases in the circuit courts
of appeal.
Section 413. Compromise
This section authorizes the Attorney Gen-
eral to arbitrate, compromise, or settle any
claim cognizable under this part, after the
institution of suit thereon.
PART 4. PROVISIONS COMMON TO PART 2 AND
PART 3
Section 420. Statute of limitations
This section prescribes a limitation period
of 1 year for presentation of claims to Fed-
eral agencies or filing of sults in the district
courts. If the claim is presented to a Federal
agency an additional period of 6 months is
provided from the time of disposition by the
agency or withdrawal of the claim within
which to file suit.
Section 421. Exceptions
This section specifies types of claim which
would not be covered by the title. They in-
clude claims based upon the performance or
nonperformance of discretionary functions or
duties; claims based upon the act or omission
of a Government employee exercising due
care in the execution of a statute or regula-
tion; claims based upon action of the Treas-
ury Department under its blacklisting or
freezing powers; claims seeking to test the
constitutionality of legislation or the legality
of a rule or regulation; claims arising from
the administration of the Trading With the
Enemy Act; and claims which relate to cer-
tain governmental activities which should be
free from the threat of damage suit, or for
which adequate remedies are ...already avail-
able. These exemptions cover claims arising
out of the loss or miscarriage of postal mat-
ter; the assessment or collection of taxes or
assessments; the detention of goods by cus-
toms officers; admiralty and maritime torts;
deliberate torts such as assault and battery;
and others. There are also excluded claims
arising out of the activities of the military
and naval forces, or the Coast Guard, during
time of war, and claims arising in a foreign
country.
Section 422. Attorney's fees
This section authorizes the court or the
administrative officer, as the case may be, to
fix reasonable attorney's fees. If the recovery
is $500 or more, such fees may not exceed 10
percent of the administrative award or 20
percent of the judgment; but in any case the
attorney's fees allowed must be paid out of,
but not in addition to, the judgment or
award. Criminal penalties are provided for
charging or collecting fees in excess of the
maximum.
Section 423. Exclusivity of remedy
This section provides that after the effec-
tive date of the title, the authority of any
Federal agency to sue and be sued in its own
name will no longer be applicable to torts
cognizable under this title. This will place
torts of "suable" agencies of the United
States upon precisely the same footing as
torts of "nonsuable" agencies. In both cases,
the suits would be against the United States,
subject to the limitations and safeguards of
the bill; and in both cases the exceptions of
the bill would apply either by way of pre-
venting recovery at all or by way of leaving
recovery to some other act, as, for example,
the Suits in Admiralty Act. It is intended
that neither corporate status nor "sue and
be sued" clauses shall, alone, be the basis
for suits for money recovery sounding in tort.
Section 424. Certain statutes inapplicable
This section provides that as to claims
cognizable under part 2 of the title existing
provisions of law authorizing administra-
tive adjustment of such claims are repealed.
Provisions of law authorizing adjustment of
claims not cognizable under part 2 would re-
main unaffected as to such claims.
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TITLE V?GENERAL BRIDDF ACT
The object of the proposed title is to
eliminate the necessity of a special act of
Congress to authorize the construction of
each individual bridge by giving general con-
sent to all bridges the locatiOn, plans, and
epecifications of which are approved by the
aecretary of War and the Chief of Ert-
eMeers.
The title does not apply to bridges over wa-
eta s the navigable portion of which lies
wholly within one State, and in such cases
under the act of March 3, 1899 (30 Stat. 1151;
t-J.S. Code, title 33, sec, 401) authorization by
the State legislature will still be necessary.
The plans and specifications for these
bridges will still need the approval of the
Secretary or War and the Chief of En7-
gineers.
This title does not repeal the General
Bridge Act of 1906 (34 Stat. St; U.S.C., title
83, sec. 491), but supersedes such act with
respect to bridges over navigable waters of
the United States, the construetion of which
is hereafter approved, and It is contem=
plated that all such bridges will hereafter
he constructed under the provisions of this
tiele. However, it may be noted that evert
through section 121 of the bill prohibits the
receipt or consideration in either House of
Congress of a private bill or resolution au-
thorizing the construction of a bridge across
a navigable stream, the two Houses may sus-
pend such rule and grant such consent by e
special act in 'accordance with the provisions
of the General Bridge Act of 1906. In any
case in which that event occurs, the prove.
tions of the 1906 act will apply,
This title does not apply to the bridges
specified in the act of August 21, 1935 (40
Stat. 670; U.S.C., title 33, sec. 303506), That
act permits the Secretary of War to set rea-
sonable tolls on bridges constructed under
the authority of ante prior to the act of
March 3, 1899, cited above; nor does it apply
to the act of June 31, 1940 e54 Stat. 497;
U.S.C., title 33, secs. 511-523). which is an
act to provide for the alteration of railroad
bridges and for the apportionment of the
cost of such alterations between the United
atates and the owners of such bridges.
Section 501. Short title
This section provides a short title, namely,
the "General Bridge Act of 1946,"
Section 502. Consent of Congress
This section contains a general grant of
the consent of Congress for the construction,
maintenance, and operation of bridges over
navigable waters in aceordance- with the pro-
visions of this title. Location and plans are
to be approved by the Chief-of Engineers
and the Secretary of War who may impose
any specific conditions that they deem neces-
sary in the interest of public navigation. in
toe case of privately owned highway toll
bridges the location and plans must be ap-
proved by the highway departments of the
State or States in which the bridge and its
approaches are Situated, and if in any such
ease the States are unable to agree or they,
or either of them, fail or refuse to act upon
the location and plans submitted, the lo-
cation and plans will then be submitted to
the Federal Public Roads Administration,
arid, if approved by the Public Roads Admini-
stration, approval by the State highway de-
partments is not required.
Section 503. Tolls
This section providet for the regulation of
tolls over interstate bridges and authorizes
the Secretary of War from tithe to time to
prescribe reasonable rates of toll.
Soction 504. Acquisition by pdblzc agencies
This section authorizes acquisition by pub-
1 e.-; agencies of any interstate toll bridge
and limits the damages or compensation to be
allowed, after 5 years after the completion
of the bridge, to cost of construction,
acquiring interests in real property, financing
and peomotion costs not to exceed 10 per-
cent oi the sum of the foregoing, and actual
expenditures for necessary improvements.
In such cases no allowances will be made for
good *ill, going value, or prospective rev-
enues er profits.
Section 505. Statements of cost
Under this section the owner is required
to file with the Secretary of War and the
highway departments detailed statements of
cost. Provision is made for investigation of
such costs by the Secretary of War and his
findings shall be conclusive for purposes of
section 504, subject only to review in a court
of equity for fraud or gross mistake.
Section 506. Sinking fund
This section provides that in the case of
interstate toll bridges constructed or taken
over by a public agency, the rates of toll
shall be so adjusted as to provide a fund
sufficient to pay for the reasonable cost of
maintaining, repairing, and operating the
bridge and its approaches under itonomical
management, and to provide a sinking fund
sufficient to amortize the amount paid there-
for, including reasonable interest and fi-
nancing cost, as soon as possible under
reasonable charges, but within a period of
not to exceed 20 years from the date of con-
structien or acquisition. After a sinking fund
sufficient for such amortization has been
provided the bridge shall thereafter be main-
tained and operated free of tolls.
Section 507. Applicability of title
This title is to apply only to bridges over
navigable waters of the United States the
constriection of which is hereafter approved
under the provisions of this title.
Section 508. International bridges
This section specifically excepts ? from the
application of the title bridges which will
connect the United States or any Territory or
possession_ of the United States with any
foreign 'country.
Section 509. Eminent domain
This section grants the right of eminent
domain to persons or public agenices au-
thorized to build bridges between two or
snore States.
Section 510. Penalties
This section imposes criminal penalties for
violation of orders of the Secretary of War
or the Chief of Engineers, and fortrefusal to
produce books, papers, or documents re-
quired render the title.
Section 511. Rights reserved
This section is the usual reservation of
the right to alter, amend, or repeal.
TITLE VI?COBIERNsATION AND RETIREMENT
FAY OF MEMBERS OF CONGRESS
This title accomplishes two purposes. First,
it increases the compensation of Members of
Congress to $15,000 per annum, and the
compenSation of the Speaker and the Vice
President to $20,000 per annum. Second, it
prervidee a system of retirement pay for
Member s of Congress similar to that ac-
corded to Government officers and employees
generally.
Section 601. Compensation of Members of
Congress
This Section increases the compensation
of Senators, Representatives in Congress,
Delegates from Territories, and the Resident
Ccerimisidoner from Puerto Rico to $15,000
per annum; and the compensation of the
Speaker of the House of Representatives and
the Vice President to $20,000 per annum. As
an incident to these increases the section
contains two additional provisions.:
(1) It provides that for the purpose of
section 23(a) (1) (A) of the Internal Revenue
Code (relating to the deductibility of trade
and business expenses), in the case of Sena-
tors, Representatives, Delegates, and Resi-
dentelommissioners their home shall lbs con-
sider to be their piece of residence Vethin
the State, Territory, Or 'possession. from
which they are such h Member, Delegate, or
Resident Cominissioner, nit will in effect
permit these officials to deduct buslitee ex-
perises including hoard Mid lodgIng in
Wash gton, end other expenses incident to
their bsence from home On congTeradonal
servic
The provision of the Leglaiative
Branch Appropriation Act, 1946, preMding
for th+ $2,500 expense allowance for l.epre-
sentati Delegates, and the Resident (Tom-
rnissio er front Puerte Rico -is repealed
_ ....
Sectio 602. Tatiremint prii- of Mencers of
Congress .,
Subriection (a) of this section amen:44 sec-
tion 3ka) of the Chril Service Retirement
Act of May 29, 1930, go as ta remove tel a ex-
clusioa contained therein ivieh respeot to
Members of Congresa Section 3(a), which
relates to Coverage under the act, reads in
part a4 follows;
"See) 3. (a) This Act shalrapply to all offi-
cers ancl employees in or unkter the exe2rtive,
judiciall, and legislative branches of the
United i States Government * * * -except
elective officers and heads of executiee de-
partnic nts."
The anaendment would insert after the words
"electiVe officers" the words "in the exeCutive
laranchl of the Government", thus co4rining
the exdluston Of elective officers to the'Presi-
dent and the Vice President.
Subsection (b) of the section wouldeecid a
new se tion. 3A to the Retirement Act. This
new s tion would outline the respee:s In
which the Retirement Act would operatt dif-
ferent* in the ease of a merither of Congris,
and, e cept as provided in this section, the
i
provisit ns of the Retirement Act woulkapply
in the arne manner to Members of Coggtes.,
as to cther persons covered by such at
Far raph (1) provides that no Member of
Oongr shall be subject te the provinons
of the act unless he so elects. His election
could lie made at any time Within 6 nienths
after t e date of enact/tent or at any time
Within 6 months after taking an oath of of-
fice as a Member of Congress. He would be
requirell, however, to make htS election While
serving as a Member of Cangress. Thus a
Membe could not wait until he is out of, office
and th n elect to come under the act; nor
would tse amendment confer any rights upon
former Members of Congress. Any such per-
son wh4 later becomes a Meniber of Congress
would, pf course, have a further opporti rnty
at that time to elect to come within the pur-
view of the act, and, if he so elected, he Would
get credit for his prior service as a Member
of Con ess.
Mem ere of Congress electing to bar nine
subject to the provisions of the act would
be required, frcen the date of such elec eon,
to cont ibute to the retirement fund at the
rate of percent of their pay rather then at
5 perce t as in the case of other persons
Subject to the act. Deposits Made for the ;eur-
pose of purchasing credit for Past service per-
formed prior to the date of enactment, how-
ever, w uld be made at the same rates as in
the ca of other person's, that is, 5 per sentfor service between July 1, 1942, and the late
of ena,c ent; 3% percent for service betvreen
July 1, 1920, and July 1, 1942; and 24', per-
cent for service between July 31, 1920, and
July 1, 1926. No deposit is required for service
prior to July 31, 1920.
A Her
ble for
these p
Member
unless
his last
last 5
the dat
deducti
However
service
bei' of Congress would not be e igi-
a superannuation annuity Wider
()visions unless he had served its a
of Congress for at least 6 years, and
e contributes or makes deposit for
years of congressional service. If his
ars of service are performed after
of enactment, the oontribution or
n would be at the rate of 6 percent,
If any portion of his last 5 years of
hall have been performed prior -to
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November 26, 1969 CONGRESSIONAL RECORD- Extensions of Remarks
the date of enactment, the deposit for that
portion would be at the rates (set forth in
the preceding paragraph) in effect at the
time such service was performed, and would
be based on the salary he received at such
time. An exception to the rule that the last
5 years of congressional service must be con-
tributed for is contained in paragraph 7 of
the amendment and perhaps should be men-
tioned at this point. In a case in which a
Member of Congress qualifies for and receives
an annuity but thereafter is again elected
to Congress, his annuity will be suspended
during the period in which he holds office.
Although this subsequent service will now
form at least a part of his last 5 years of
service, his annuity will be resumed when he
relinquishes office even though he does not
elect to have deductions made during this
period. As hereafter explained, however, the
annuity will not be recomputed to allow
credit for the subsequent service unless such
deductions are made.
If the Member of Congress is 62 or over
when he leaves office his annuity would be-
come payable on the first day of the month
following the month in which he leaves of-
fice. If, however, he leaves office prior to at-
taining the age of 62, his annuity would not
commence until the first day of the month
following the month in which he reaches
age 62.
As in the case of other persons subject to
the Retirement Act, a Member of Congress
could, irrespective of age, retire after 5 years'
service if he were to become totally disabled
for useful and efficient service, and be paid
an annuity computed in the manner set
forth in the following paragraph. In order to
qualify for a disability annuity, the Member
of Congress, however, must have contributed
or made deposit for his last 5 years of service
as required in the case of the annuity based
on age and service.
The annuity of a Member of Congress un-
der this section would, if he contributed or
made deposit for all congressional service
subsequent to July Si, 1920, be an amount
equal to 2% percent of the average annual
pay he received as a Member of Congress
multiplied by his years of service as a Mem-
ber of Congress, but no annuity would be
permitted to exceed three-fourths of the an-
nual rate of compensation received by such
Member at the date of his separation from
the service. For the purposes of computing
average annual pay, only basic compensation
would be considered. The compensation pro-
vided by law for the Speaker of the House
and of the President pro tempore of the
Senate when there Is no Vice President
would, of course, be considered pay for service
as a Member of Congress for such purposes.
If the Member of Congress failed to con-
tribute or make deposit for all his years of
congressional service the years for which he
did not contribute or make deposit would
nevertheless be included in computing his
annuity, but the annuity would be reduced
by art amount equal to the amount of an-
nuity which his contributions or deposit in-
cluding interest thereon for such years would
purchase if made. Since service other than as
a Member of Congress cannot be used in
computing the annuity under this provision,
failure to make deposit for such service would
not result in reduction of such annuity.
The amount of annuity payable to a Mem-
ber of Congress would also be affected by any
election which he might make under section
4 (c) or (41.) of the Retirement Act. Ordi-
narily, any unexpended part of the principal
of an annuity is returned, upon the annuit-
ant's death, to his beneficiary. Under section
4(c), however, he may elect to receive an in-
creased annuity with forfeiture at his death
of any unexpended part of the principal.
Also, under section 4(d), he may elect to re-
ceive a reduced annuity during his life, and
an ?annuity after his death payable to his
beneficiary.
A Member who becomes separated without
having served at least 6 years as a Member
of Congress will be entitled under paragraph
6 to a refund of all amounts deducted from
his pay for retirement purposes, with interest
at 4 percent to the date of separation, unless,
of course, he is receiving a disability annuity.
In any case in which a Member receives a
refund under this paragraph, and later has
additional service which qualifies him for an-
nuity, he must redeposit the amount re-
funded to him with interest, in order to
receive such annuity.
No annuity will be payable to any per-
son under the act during any period in
which he holds office under, or is employed
by, the United States. Paragraph 7 provides
that if a person qualifies for and receives
an annuity and later takes office as a Mem-
ber of Congress, the payment of his an-
nuity will be suspended so long as he holds
such office. When he relinquishes office, how-
ever, his annuity will be resumed and, if he
has elected to have deductions made from
his salary for such period, his annuity will
be recomputed to reflect credit for the addi-
tional service.
Under the Retirement Act at present serv-
ice as a Member of Congress is creditable for
annuity purposes in cases where the annui-
tant had other governmental service which
was within the purview of the act. This
would be changed under the amendment so
E10089
that in any case in which a person can quali-
fy for a congressional annuity (i.e., if he has
6 years of service as a Member of Congress
any of which occurs after the date of en-
actment of the amendment) his service as a
Member of Congress cannot be credited for
the purposes of a regular annuity under
the act, and any amounts which he may
have contributed with respect to his other
governmental service, if less than 5 years,
would be refunded. If, however, he has less
than 6 years of service as a Member of Con-
gress, or if all of his congressional service
was performed prior to the enactment of the
amendment, such service can be credited for
the purposes of a regular annuity provided
he has other Government service bringing
him under the act. In no case can service
other than service as a Member of Congress
be considered in computing a congressional
annuity under the amendment. There may
be instances, of course, where a person has
six or more years of service as a Member of
Congress thus qualifying him for an an-
nuity under the amendment, and also has
five or more years of other governmental
service performed either prior to or after his
congressional service, also qualifying him for
an annuity under other provisions of the
act. In such a case the annuity payable
would be equal to the aggregate of the two
annuities separately computed. It should he
emphasized, however, that a period of serv-
ice credited for the purposes of the one
computation may in no event be credited for
the purposes of the other computation,
Certain provisions of the Retirement Act
are obviously incompatible' with constitu-
tional provisions relating to terms of office
and removal of Members of Congress. Thus
the provisions of the act relating to auto-
matic separation from the service and to
retirement at the request of the head of a
department, branch, or agency of the Gov-
ernment, would not be applicable to Mem-
bers of Congress who come within the provi-
sions of the act.
The amendment would apply only to the
Senators and Representatives in Congress, to
the Delegates from Alaska and Hawaii and
to the Resident Commissioner from Puerto
Rico.
The following table indicates the amounts
of annuity payable under S. 2177 to Mem-
bers of Congress whose services are termi-
nated January 2, 1947, according to indi-
cated entry date into service and whether
full contributions for all prior service or
only contributions for the last 5 years of
service have been made. In the latter ease
the annuity payable is shown for indicated
select ages.
Date of entry
into service
Annuity pay- Annuity payable at indicated ages if contributions are made
able if full only for the last 5 years of service I ?
contributions
for all prior
service are
made 62 65 70 75
Date Of entry
into service
Annuity pay- Annuity payable at indicated ages if contributions are made
able if full only for the last 5 years of service I
contributions
for all prior
service are
made 62 65 70 75
Jan. 3, 1941 $1, 500 $1,465 $1,463 $1,458 $1, 451 Mar. 4, 1925
Jan. 3, 1939 2, 000 1,692 1,664 1,868 1,816 Mar. 4, 1923
Jan. 3, 1937 2, 500 2,111 2,299 2, 271 2,233 Mar. 4, 1921
Jan. 3, 1935 3,000 2, 727 2,707 2,666 2,611 Mar. 4, 1919
Mar. 4, 1933 3,458 3, 100 3, 074 3, 020 2,949 Mar. 4, 1917
Mar. 4, 1931 3,958 3, 500 3,467 3, 398 3, 307 Mar. 4, 1915
Mar. 4, 1929 4,458 3,892 3,851 3,766 3,653 Mar. 4, 1913
Mar. 4, 1927 4,958 4,275 4,226 4, 123 3,987
$5, 458 $$4, 673 $4,616 $4, 498 $4,341
5,833 4,975 4,913 4 783 4,612
6,208 5,271 5203, 5060 4,875
6, 583 5,621 5,551 5,406 5,215
6,958 5,996 5,926 5,781 5,590
7,333 6, 371 6,301 6, 156 5,965
7,500 6,518 6,469 6,323 6,132
The paradoxical situation of persons receiving less at the older ages where full contributions have not been made for all service rendered after July 1920 is due to the fact that the full aqnuity
is reduced by the actuarial equivalent of the amount of indebtedness to the fund. The actuarial equivalent therefore increases with age. J
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The above table is completed on the basis
ce compensation heretofore.. received and, or
course, the amounts will he increased as
time goes on if the provisions of section 601,
providing for increased cemperesation for
Members of Congress, are enacted.
TITLE VII----SELF-GOVERNMENT FOR THE
DISTRICT OF COLUMRIA
This title, which provided for the prepara-
tion of a charter designed t4 provide a form
of municipal government far the District of
Celumbia, and a referendunt`tbereon. of Lae-
trict residents, was stricken from the bill by
the committee, for the reasons given in the
general statement above.
(Reproduced by the Literal" of Congress,
Legislative Reference Service, June 27,
19691
An not to provide
the legislative
neent
S. 2177 -
for increafied efficiency in
branch of ehe Govern-
Mr. La Follette; Special Coerunittee on the
Organization of Congress, 4881.-.-Reported
with amendment (S. Rept. 140), 5958.-De-
bated in Senate, 6344, 63654375, 6390-6398,
6439-6154, 6455-6466, 6466-6169, 6517-652/,
652:3-6511, 6.547-6575.--Amended and passed
Senate, 6578.-Made special erder (H. Res.
717), 10037.-Debated, amended, and passed
Rouse, 10039-10104.-Senater. concurs in
House amendment, 10139-10162.--Examined
and signed, 10329, 10411.-Presented to the
President, 10412.-Approved 1Public, No.
6011, 10740.
Be it enacted by the Sendte and House
of liepresentatives of the Uidted States of
America in Congress assembled.
SHORT TITLE
That (a) this Act, divided Vito titles and
sections according to the following table of
contents, may be cited as the -Legislative
Reorganization Act of 1946":
TABLE OF CONTEefel'S
TITLE I-CHANGES IN RULES OP SENATE AND
ROUSE
Sec. 101. Rule-making power of the Senate'
and House.
PART I-STANDING RULES Or THE SENATE
Sec, 102. Standing committees Of the Senate.
Committee on Apiculture and
Forestry.
Committee on Appropriations.
Committee on Armed Services.
Committee on Banking and Cur-
rency.
Committee on CivinService.
Committee on the District of Co-
lumbia.
Committee on Expenditures in
the Executive Departments.
Committee on Einem*.
Committee on Foreign Relations.
Committee on Interstate and
Foreign Commerce:
Committee on the Jncliciary.
Committee on Labor and Public
Welfare.
Committee on Public Bands.
Committee on Public *forks
Committee on Rules ahd Admin-
istration.
Sec 103. Appropriations,
PART 2-RULES OF' THE HOME OF
REPRESENTATIVES
Sec. 121. Standing committees of the House
of Representatives. -
Committee on Agriculture.
Committee on Appropriations.
Committee on Armed Services.
Committee on Banking and Cur-
rency.
Committee on Post Office and
Civil Service.
Committee on the District of Co-
lorable.
Sec. 121-Continued
Committee on Ed cation and
Labor.
Committee on Expenditures in
the Executive Departments.
Committee on Foreign Affairs.
Committee on House Administra-
lion
Committee on Interetate and
Foreign Commerce.
Committee on the Judiciary.
Corrunittere on Merchant Marine
and Fisheries.
Committee on Public Lands.
Committee on Public Works,.
Committee on Rules.
Committee on En-American. Ae-
tivities.
Committee on Veterans' Affairs.
Committee on Ways and Means,
Sec. 122. Delegates mid Resident Commis-
signer.
Sec. 123. Reference of Private Claims Bills.
PART a-PROVISIONS APPLICABLE TO
BOTH nooses
Sec. 13e. Private bills banned.
See. 132. Congressional adjournment.
Sec. 138. Committee procedure.
Sec. 134, Committee powers.
Sec. 135. Conference rules on amendments in
netore of substitute,
See, 136. Legislative oversight by standing
committees.
Sec. 137. Decisions on questions of voinnaittee
jurisdiction.
See. 13e. Legislative Budget.
Sec. 130. Hearings and reports by Appropria-
tions Committees.
Sec. 14fi. Records of Congress.
Sec. 141, Preservation of committee hearings.
Sec. 1421, Effective date.
Trnix II-MISCELLANEOUS
PART 1-STATITTORY PROVISIONS RELATING
TO CONGRESSIONAL PERSONNEL
See. 20L Increase in compensation for cer-
tain Congressional olncere,
Sec. 202., Committee staffs.
See. 2034 Legislative Reference Service:
See. 204. Office of the Legislative Counsel.
See. 205. Studies by Comptroller General.
See. 206. Expenditure analyses by Comp-
trol/er General.
Sec. 207:Correction of Military and Naval
Records.
PART 2-i-STATOTORY PROVISIONS RELATING TO
COMMITTEES OF CONGRESS
Sec. 221, Improvement of Congressional Rec-
ord.
Sea. 222. Joint Committee on Printing.
Sec. 223. Joint Committee on the Liihrary.
Sec. 224. Transfer of functions.
Sec. 225. joint Committee on the Economic
Report.
Sec. 226. Econornie Report of the President.
PART 3-"-PROVISIONS RELATING TO aterrot
AND PAGES
Sec. 241. Remodeling of caucus rooms and
restaurants.
Sec. 242. Assignments of Capitol space.
Sec. 243. Senate and House pages.
Sec. 244. Authorization of appropriations and
personnel.
Sec. 245. Effeotive date.
TITLE III-REDITLATION OF Ir013BYING Acr
Sec. 801. Short title.
See. 302. Definitions.
Sec. 303. Detailed, accounts of contributions.
Bee. 304. Receipts for contributions.
Sec. 305. Staternente to be filed with Clerk Of
- 'House.
See. 306. Statement preserved for two years.
Sec. 307. Persons to whom applicable.
Sec. 308. Registration with Seceetary of the
Senate and Clerk of the House.
Ste. 309. Reports and statements to be made
under oath.
See. 310. Penalties.
See, 311. Exemption.
ITEM IV- -FEDERAL TORT CLAIMS ACT
RT tITLE AND DEFINITLDNS
Sec. 401. Sheet title.
Sec. 402. Definitions,
PART12-ADMINISTRATIVE ADJUSTMENT VF TORT
CLAUSE AGAINST THE UNITED STATES
Sec. 403. Claims of $1,000 or less.
Sec. 404. Reports.
l'ART 12--SUITE ON TORT CLAIMS A A ;T TIES
merino sneers
Sec. 4110. Jureediction.
Sec. . Procedure.
See. 4(12. Review.
Sec. 4113. Compromise.
PART --PROVISIONS Coal MON TO PART 2 AND
PART 3
1:
See. 40. One year statute Of limitati
Sec. 421. Exceptions.
Sec. 4 2. Attorneys' fees.
4
Sec. 3. Exclueiven.ets of remedy.
Sec. 44 . Certain statutes inapplicable,
TITLE V--GENERAL RIUDGE ACT
i
Sec. s 1. Short title.
Sec. 52. Consent of Congress.
Sec. 5Ci. Tolls.
See. 5C1. Acquisition by public agencies.
Sec. 50. Statements of cost.
Sec. 5O. Sinking fund.
Sec. SOjt. Applicability of title.
See. 50i. International bridges.
See. 50. Eminent domain.
See. 61. Penalties.
Sec. 51. Rights reserved.
TITLE I--COMPENSATION AND RETIRE) T
AT O' MEMBERS OF CONGRESS
Sec. 60 Compensation of Members of Con-
gress.
See. 60 Retirement pay of Memben of
Congress.
SEPARABILTTT CLAUSE
(b) y provision of this Act or tee
applica. on thereof to any person or dr-
comet ces is held invalid, the validity of
the re inder of the Act and of the applica-
tion of uch prevision to other persons and
circumstances shall not be affected thereby.
TITLE CHANGES IN RULES OF SENATE
AND HOUSE
RULE-MAKiNG POWER or THE SENATE AND
HOUSE
SEC. 1M. The following sections of ihis
title are enacted by the Congress:
(a) AsIan exercise of the rule-making pow-
er of th Senate and the House of Repre-
sentattv4e, respectively, and as such they
shall be considered as part of the rules of
each Ho se, respectively, or of that Hesse
to whlc34 they specifically apply; and se eh
rules sh I supersede other rules only to ihe
extent tlat they are inconsistent therewith ?
and
(b) With full recognition of the constitu-
tional ri t of either House to change such
rules (so(far as relating to the procedure in
such IWO ) at any time, in the same mato] er
anci to th same extent as in the case of airy
other rul4 of such House.
PART 1 TANDING RULES OF THE SENATE
STA NG COMMITTEES 01' THE SENATE
Bre. 10 Rule riCV of the Standing Rubs
of the Be ? ate is afeended to read as follows:
"RULE MeV
"mserieeNe eseenmerms
"'(l) fOloieting standing committees
shall be pointed at the commencement of
each Cong ess, with leave 'to report by bill cr
otherwise:
"(a) Co mittee on Agriculture and For-
estry, to onsist of thirteen Senators, te
which co mittee shall be referred all pro-
posed le aticzn, messages, petitions, memo-
rials, and thee matters relating to the foie
lowing su ? seta:
"1. Agri tore generally.
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"2. Inspection of livestock and meat pred- "1. The Federal civil service generally. mittee shall be referred all proposed legisla-
nets. "2. The status of officers and employees of tion, messages, petitions, memorials, and
"3. Animal industry and disease of ani- the United States, including their eompen- other matters relating to the following sub-
mats, sation, classification, and retirement. jects:
"4. Adulteration of seeds, insect pests, and "3. The postal service generally, including "1. Relations of the United States with
protection of birds and animals in forest the railway mail service, and measures relat- foreign nations generally.
reserves. lug to ocean mail and pneumatic-tube serv- "2. Treaties.
"5. Agricultural colleges and experiment ice; but excluding post roads. "3. Establishment of boundary lines be-
stations. "4. Postal-savings banks. tween the United States and foreign nations.
"6. Forestry in general, and forest reserves "5. Census and the collection of statistics "4. Protection of American citizens abroad
other than those created from the public generally. and expatriation.
domain. "6. The National Archives. "5. Neutrality.
"7. Agricultural economics and research. "(f) Committee on the District of Colum- ''6. International conferences and con-
"8. Agricultural and industrial chemistry. bia, to consist of thirteen Senators, to which gresses.
"9. Dairy industry. committee shall be referred all proposed leg- "7. The American National Red Cross.
10. Entomology and plant quarantine. islation, messages, petitions, memorials, and "8. Intervention abroad and declarations of
"11. Human nutrition and home eco- other matters relating to the following sub- war.
nomics. "9. Measures relating to the diplomatic
jects:
"12. Plant industry, soils, and agricultural "1. All measures relating to the municipal service.
engineering. affairs of the District of Columbia in gen- "10. Acquisition of land and buildings for
"13. Agricultural educational extension ereal, other than appropriations therefor, in- embassies and legations in foreign countries.
services.eluding-
"11. Measures to foster commercial inter-
"14. Extension of farm credit and farm se- "2. Public health and safety, sanitation, course with foreign nations and to safeguard
curity, and quarantine regulations. American business interests abroad.
"15. Rural electrification. "3. Regulation of sale of intoxicating "12. United Nations Organization and in-
"16. Agricultural production and market- liquors. ternational financial and monetary organi-
ing and stabilization of prices of agricul- "4. Adulteration of food and drugs. zations.
tural products: "5. Taxes and tax sales. "13. Foreign loans.
"17. Crop insurance and soil conservation. "6. Insurance, executors, administrators, "(j) Committee on Interstate and Foreign
"(b) Committee on Appropriations, to con- wills, and divorce. ' Commerce, to consist of thirteen Senators, to
sist of twenty-one Senators, to which coin. "7. Municipal and juvenile courts. which committee shall be referred all pro-
mittee shall be referred all proposed legis- "8. Incorporation and organization of so- posed legislation, messages, petitions, me-
lation, messages, petitions, memorials, and cieties. mortals, and other matters relating to the
other matters relating to the following sub- "9. Municipal code and amendments to the following subjects:
jects: criminal and corporation laws. "1. Interstate and foreign commerce gen-
"1. Appropriation of the revenue for the "(g) (1) Committee on Expenditures in the erally.
support of the Government. Executive Departments, to consist of thir- "2. Regulation of interstate railroads,
"(c) Committee on Armed Services, to con- teen Senators, to which committee shall be busses, trucks, and pipe lines.
sist of thirteen Senators, to which commit- referred all proposed legislation, messages, "3. Communication by telephone, tele-
tee shall be referred all proposed legislation, petitions, memorials, and other matters re- graph, radio, and television.
messages, petitions, memorials, and other lating to the following subjects: "4. Civil aeronautics.
matters relating to the following subjects: "(A) Budget and accounting measures, "5. Merchant marine generally.
"1, Common defense generally. other than appropriations. "6. Registering and licensing of vessels and
"2. The War Department and the Military "(H) Reorganizations in the executive small boats.
Establishment generally. branch of the Government. "7. Navigation and the laws relating
"3. The Navy Department and the Naval "(2) Such committee shall have the duty thereto, including pilotage.
Establishment generally. ' of- "8. Rules and international arrangements
"4. Soldiers' and sailors' homes. "(A) receiving and examining reports of to prevent collisions at sea.
"5. Pay, promotion, retirement, and other the Comptroller General of the United States "9. Merchant marine officers and seamen.
benefits and privileges of members of the and of submitting such recommendations "10. Measures relating to the regulation of
armed forces, to the Senate as it deems necessary or desir- common carriers by water and to the inspec-
"6. Selective service, able in connection with the subject matter tion of merchant marine vessels, lights and
signals, life-saving equipment, and fire pro-
"7. Size and composition of the Army and of such reports;
Navy. "(B) studying the operation of Govern- tection on such vessels.
"13. Forts, arsenals, military reservations, ment activities at all levels with a view to "11. Coast and Geodetic Survey.
and navy yards. determining its economy and efficiency, "12. The Coast Guard, including life-sav-
"9. Ammunition depots. "(C) evaluating the effects of laws enacted ing service, lighthouses, lightships, and ocean
"10. Maintenance and operation of the to reorganize the legislative and executive derelicts.
Panama Canal, including the administra- branches of the Government; "13. The United States Coast Guard and
tion, sanitation, and government of the "(D) studying intergovernmental rely: Merchant Marine Academies.
Canal Zone. tionships between the United States and "14. Weather Bureau.
"11. Conservation, development, and use the States and municipalities, and between "15. Except as provided in paragraph (c) ,
of naval petroleum and oil shale reserves. the United States and international orga- the Panama Canal and interoceanic canals
"12. Strategic and critical materials neces- nizations of which the United States is a generally.
"16. Inland waterways.
sary for the common defense. member.
"(d) Committee on Banking and Currency, "(h) Committee on Finance, to consist of "17. Fisheries and wildlife, including re-
to consist of thirteen Senators, to which thirteen Senators, to which committee shall search, restoration, refuges, and conservation.
committee shall be referred all proposed be referred all proposed legislation, messages, "18. Bureau of Standards including stand-
legislation, messages, petitions, memorials, petitions, memorials, and other matters ardization of weights and measures and the
and other matters relating to the following relating to the following subjects: metric system.
subjects: "1. Revenue measures generally. "(k) Committee on the Judiciary, to con-
"1. Banking and currency generally. "2. The bonded debt of the United States. sist of thirteen Senators, to which commit-
"2. Financial aid to commerce and indus- "3. The deposit of public moneys. tee shall be referred all propoced legislation,
try, other than matters relating to such aid "1. Customs, collection districts, and ports messages, petitions, memorials, and other
which are specifically assigned to other corn- 'of entry and delivery, matters relating to the following subjects:
mittees under this rule. "5 Reciprocal trade agreements. "1. Judicial proceedings, civil and crimi-
"3. Deposit insurance. "6. Transportation of dutiable goods. nal, generally.
"4. Public and private housing. "7. Revenue measures relating to the in- "2. Constitutional amendments.
"5. Federal Reserve System. sular possessions. "3. Federal courts and judges.
"6. Gold and silver, including the coinage "8. Tariffs and import quotas, and matters "4. Local courts in the Territories and pos-
thereof, related thereto. sessions.
"7. Issuance of notes and redemption "9. National social security. "5. Revision and codification of the stat-
thereof. "10. Veterans' measures generally. utes of the United States.
"8. Valuation and revaluation of the dollar, "11. Pensions of all the wars of the United .6. National penitentiaries.
"9. Control of prices of commodities, rents, States, general and special. "7. Protection of trade and commerce
or services. "12. Life insurance issued by the Govern-
"(e) Committee on Civil Service, to con- ment on account of service in the armed against unlawful restraints and monopolies.
sist of thirteen Senators, to which to
forces. "8. Holidays and celebrations.
tee shall be referred all proposed legislation, "13. Compensation of veterans. , "9. Bankruptcy, mutiny, espionage, and
messages, petitions, memorials, and other "(1) Committee on Foreign Relations, to counterfeiting.
. matters relating to the following subjects: consist of thirteen Senators, to which com- "10. State and Territorial boundary lines.
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"11. Meetings of Congress, attendance of
Members, and their acceptance of incompati-
ble offices.
12. Civil liberties.
-13. Patents, copyright and trade-marks.
"14. Patent Office.
"15, immigration and naturalization.
"16. Apportionment of Representatives.
"17. Measures relating-, to claims against
the United States. 'e
"18. Interstate compacts generally.
"(1) 'Committee on Lahor and Public Wel-
fare, to consist of thirteen Senators, to which
committee shall be refereed all proposed leg-
islation. messages, petite/las, memorials, and
other matters relating to.tlie following sub-
jects:
"1. Measures relating to education, labor,
or public welfare generally.
"2. Mediation and arbitration of labor dis-
putes.
"3. Wages and hours of labor.
"4. Convict labor and he entry of goods
made by convicts into interstate commerce,
"5. Regulation or prevention of importa-
tion of foreign laborers under contract.
"6. Child labor.
"7. Labor statistics.
"8. Labor standards.
"9. School-lunch program.
'10. Vocational rehabilitation, o anic
Gardens, the Library of Congress, and She
"11. Railroad laboe and railroad retire- Smithsonian Institution,
merit and unemployment, except revenue '9. Public reservations and parks within
measures relating thereto; the District of Columbia, including Rock
"12. United States Employees' CompMsa- Creek Park and the Zoological Park.
tion Commission. "10. Measures rn
sP measures relating to
claims which are paid out of Indian funds.
"(n) The Committee on ?Oleic Works, to
consist of thirteen Senatorseto which men-
znittee shall be referred all pmposed legisla-
tion, messages, petitions, Memorials and
other matters relating to the-following sub-
jeets
'1. Flood control and improvement of
risers and harbors.
. Public works for the benefit of naviga-
thin, and bridges and dams tether than in-
ternational bridges and damn).
'3. Water power,
'4. Oil and other pollutical of navigable
waters.
"5. Public buildings and occupied or mi-
preyed grounds of the United States gener-
ally.
6. Measures relating to the purchase of
sites and construction of post Offices, custam-
holises, Federal courthouses, and Govern-
ment buildings within the ihstriet of Ore
luMbia.
7. Measures relating to the Capitol build-
ing and the Senate and Rouse Office Build-
ings.
'8. Measures relating to the construction
or reconstruction, maintenance, and care of
the buildings and relating to the constructio
"13. Columbia Institution for the Deaf, or, maintenance of roads ancteaost roads.
Dumb, and Blind; Howard 'University; need- `(0) (1) Committee on Rifles and Ad-
men's Hospital; and Saint Elizabeth's Hos- ministration, to consist of thirteen Senators,
pital.
to which committee shall be referred all
"14. Public health and tiarsntine. proposed legislation, messages. petitions,
"15. Welfare of miners.
melnorials, and other matters relating to the
"16. Vocational rehabilitation and etffica- following subjects:
tion of veterans. "(A) Matters relating to the payment of
"17. Veterans' hospitals,-medical care and Money out of the contingent fund of the
treatment of veterans. Senate or creating a charge upon the same;
"18. Soldiers' and sailors' civil relief. except that any resolution relating to sub-
"19. Readjustment of servicemen to Civil stantive matter within the jurisdiction of
life.
any other standing committee of the Senate
"(m) Committee on Public Lands, to eon- shall be first refeicerl to such (ehnanittee,
sist of thirteen Senators, tawhich committee "03) Except as provided in paragraph (n)
shall be referred all proposed legislation, Ines- 8, matters relating to the Library of Congress
sages, petitions, memorials, and other mat- and the Senate Library; statuary and Me-
ters relating to the following subjects: tures; acceptance or purchase of worke of
"1. Public lands generally, including en- art for the Capitol; the Botanic Gardena:
try, easements, and grazing thereon. management of the Library of Congress;
"2. Mineral resourdes of the public lands, purchase of books and manuscript; erection
"3. Forfeiture of land Wants and alien of Monuments to the memory 1:g individuals,
ownership, including alien ownership of "(C) Execpt as provided in jparagraph (a)
mineral lands. 8, Matters relating to the Smitheonlan Distie
"4. Forest reserves and national parks tution and the incorporation Of similar in-
created from the public domain.
stitutions.
"5. Military parks and battlefields, and "(D) Matters relating to the election of
national cemeteries. - the President, Vice President, sir Members of
"6. Preservation of prehistoric ruins and Congress; corrupt practices; contested eiee-
objects of interest on the Publie domain. tions; credentials and qualifications; Federal
"7. Measures relating generally to Hawaii, elections generally; Presidential. succession.
Alaska, and the insular possessions of the "(V) Matters relating to parliamentary
United States, except those affecting their ruled; floor and gallery rules; Senate Restau-
revenue and appropriation rant; administration of the Senate Office
"8. Irrigation and reclamation, including Building and of the Senate Wing of the Cap'.
water supply for reclamation projects, and itol; assignment of office space; and services
easements of public lands for irrigation to the Senate.
projects. "(F) Matters relating to printing and cor-
"9. Interstate compacts relating to appor- rection of the Congressional Record.
tlonment of waters for irrigation purposes. "(0) Such committee shall also have the
"10. Mining interests generally. duty of examining all bills, amendments,
"11. Mineral land laws and claims and en- and joint resolutions after passage by the
tries thereunder.
Senate; and, in cooperation with the Corn-
"12. Geological survey. mittee on House Administration-of the Same
"13. Mining schools and eaperimental ate- of Representatives, of examining all NM
tions.
and joint resolutions which shed have passed
"14. Petroleum conservation and conserve- both' Houses, to see that the seine are core
tem of the radium supply in the United rectly enrolled; and when signed by the
States.
Speaker of the House and thaPresident of
"15. Relations of the United States with the Senate, shall forthwith present the
the Indians and the Indian tribes. same, when they shall have originated in
"16. Measures relating to'the care, educe- the Senate, to the President ott the United
tion, and management of Indians, including States in person, and report the tact and date
the care and allotment of lildian landsd
presentationsuch to the Senate. Such
.11mmIttee shall also have the duty of assign-
g office space in the Senate Wing of the
Cikpitel and In the Senate Office Building.
"(3) Each standing committee Abell con-
tiLre and have the power to act 'until their
s ecesbors are appointed,
"(3) Each standing committee is author-
ized to fix the number of its members (but
not leas than one-third of its entire mem-
bership) who shall constitute .4 quorum
thereof for the transaction of mei. business
as may be considered by said committee,
subject to the provisions of section 133 (di
of the Legislatitre Remanizetion Act of
19G.
?.
sti'(4) Each Senator shall serve on two
ncling eornmitieas and no mere; except
thp.t Senators of the majority parte who are
inOmbers of the Committee on thti.. District
of Columbia or of the Committee en Expen-
ditures in the Executive Departnimits may
serve on three standing committees and no
mare."
AP8RopituzioNs
103. Rule EVI of the Standing Rules
of the Senate is amended to read Sc follows:
"Ru x.E XVI
"AlvIENDMEIrrs To ApPaopRIATion DELIA
1. All general appropriation biBf. shall be
refierred to the Cotrunittee on Apprerorla,tions,
and no amendments shall be received to any
general appropriation bill the effect or which
will be to increase an appropriation already
contained in the bill. or to add a new item
of appropriation, unless it be made to carry
out the provisions of some existing law, or
treaty stipulation, or Act, or resolution pre-
vionsiy passed by the Senate during that ses-
sion; Or Unless the same be moved by direc-
tion of a standing or select committee of the
Senate, or proposed in pursuance of en esti-
mate submitted in accordance with law.
'`O. The Committee on Appropriations shall
not report an appropriation bill or ntaining
amendments propOsing new or gene rel legis-
latrion or any restriction or the exenliture of
the i funds appropriated which preposea
11 tation not authorized, by law if such
res riction. is to take effect or cease_ to be ef-
fec4ive upon the happening of a contingency,
an if an appropriation bill is reeorted to
the Senate containing amendments propos-
ing new or general legislation or sny such
res lateen, a point of order may be made
aga4nst the bill, and it the point is sus-
tai ed, the bill shall be recommitted to the
Co mittee on Appropriations.
"3. All amendments to general siepprpria-
tiot bills moved by direction of a standing or
selept committee Of the Senate, proposing
to increase an appropriation already con-
taled in the bill, or to teld new items of
aPP priation, shall, at least one da7 before
the are considered, be referred to the Corn-
anitee on Appropriations, and when actually
pro osed to the bill no amendment proposing
to increase the amount stated in euch
am dment shall be received; in like inanner,
ameadmen,ta proposing new items of appro-
prIation to river and harbor bills, establish -
ing ost roads, or proposing new post roads,
shalt, before being considered, be ref:aired to
the lomtmittee on Public Works.
"4 No aniendMent which proposes general
legi MIMI shall be received to any general
appafopriation bill, _or shall any amendment
not kerinalle or relevant to the subject mat-
ter onta,ined in the bill be received; ear shall
any jamen.dznent toy item or clause of such
bill be received which does not directly
relate thereto; nor shall any restric ;ion on
the expenditure of the funds appropriated
which proposes a limitation not authorized
by lew be received if such restrictirn is to
take effect or cease to be effective upon the
happening of a contingency; and Sill ques-
tions of relevancy of amendments under this
rule, when raised, shall be submitted to this
Senate and be decided without deba?:,e; and
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any such amendment or restriction to a gen-
eral appropriation bill may be laid on the
table without prejudice to the bill.
"5. No amendment, the object of which is
to provide for a private claim, shall be re-
ceived to any general appropriation bill, un-
less it be to carry out the provisions of an
existing law or a treaty stipulation, which
shall be cited on the face of the amendment.
"6. (a) Three members of the following
named committees, to be selected by their
respective committees, shall be ex officio,
members of the Committee on Appropria-
tions, to serve on said committee when the
annual appropriation bill making appropria-
tions for the purpose secified in the following
table oposite the name of the committee is
being considered by the Committee on Ap-
propriations:
Name of committee and purpose of Ap-
propriation:
Committee on Agriculture and Forestry,
for the Department of Agriculture.
Committee on Civil Service, for the Post
Office Department.
Committee on Armed Services, for the De-
partment of War; for the Department of the
Navy.
Committee on the District of Columbia,
for the District of Columbia.
Committee on Public Works, for Rivers and
Harbors.
Committee on Foreign Relations, for the
Diplomatic and Consular Service.
" (b) At least one member of each com-
mittee enumerated in subparagraph (a), to
be selected by his or their respective com-
mittees, shall be a member of any conference
committee appointed to confer with the
House upon the annual appropriation bill
making appropriations for the purposes
specified in the foregoing table opposite the
name of his or their respective committee.
"7. When a point of order is made against
any restriction on the expenditure of funds
appropriated in a general appropriation bill
on the ground that the restriction violates
this rule, the rule shall be construed strictly
and, in case of doubt, in favor of the point of
order."
PART 2-RULES OF THE Hones OE'
REPRESENTATIVES
STANDING COMMITTEES OF THE HOUSE OF
REPRESENTATIVES
SEC. 121. (a) Rule X of the Rules of the
House of Representatives is amended to read
as follows:
"RULE X
"STANDING COMMITTEES
"(a) There shall be elected by the House,
at the commencement of each Congress, the
following standing committees:
"1. Committee on Agriculture, to consist
of twenty-seven Members.
"2. Committee on Appropriations, to con-
sist of forty-three Members.
"3. Committee on Armed Services, to con-
sist of thirty-three Members.
"4. Committee on Banking and Currency,
to consist of twenty-seven Members.
"5. Committee on Post Office and Civil
Service, to consist of twenty-five Members.
"6. Committee on the District of Columbia,
to consist of twenty-five Members.
"7. Committee on Education and Labor,
to consist of twenty-five Members.
"8. Committee on Expenditures in the
Executive Departments, to consist of twenty-
five Members.
"9. Committee on Foreign Affairs, to con-
sist of twenty-five Members.
"10. Committee on House Administration,
to consist of twenty-five Members.
"11. Committee on Interstate and Foreign
Commerce, to consist of twenty-seven Mem-
bers.
"12. Committee on the Judiciary, to con-
sist of twenty-seven Members.
"13. Committee on Merchant Marine and
Fisheries, to consist of twenty-five Members.
"11. Committee on Public Lands, to con-
sist of twenty-five Members.
"15. Committee on Public Works, to con-
sist of twenty-seven Members.
"16. Committee on Rules, to consist of
twelve Members.
"17. Committee on Un-American Activities,
to consist of nine Members.
"18. Committee on Veterans' Affairs, to
consist of twenty-seven Members.
"19. Committee on Ways and Means, to
consist of twenty-five Members.
"(b) (1) The Speaker shall appoint all se-
lect and conference committees which shall
be ordered by the House from time to time.
"(2) At the commencement of each Con-
gress, the House shall elect as chairman of
each standing committee one of the Members
thereof; in the temporary absence of the
chairman, the Member next in rank in the
order named in the election of the commit-
tee, and so on, as often as the case shall hap-
pen, shall act as chairman; and in case of a
permanent vacancy in the chairmanship of
any such committee the House shall elect
another chairman.
"(3) All vacancies in standing committees
in the House shall be filled by election by the
House. Each Member shall be elected to serve
on one standing committee and no more;
except that Members who are elected to serve
on the Committee on the District of Colum-
bia or on the Committee on Un-American
Activities may be elected to serve on two
standing committees and no more, and Mem-
bers of the majority party Who are elected to
serve on the Committee on Expenditures in
the Executive Departments or on the Com-
mittee on House Administration may be
elected to serve on two standing committees
and no more."
(b) Rule XI of the Rules of the House of
Representatives is amended to read as
follows:
? "Rome XI
"POWERS AND DUTIES OF COMMITTEES
" (1) All proposed legislation, messages,
petitions, memorials, and other matters re-
lating to the subjects listed under the stand-
ing committees named below shall be referred
to such committees, respectively: Provided,
That unless otherwise provided herein, any
matter within the jurisdiction of a standing
committee prior to January 2, 1947, shall
remain subject to the jurisdiction of that
committee or of the consolidated committee
succeeding generally to the jurisdiction of
that committee.
"(a) Committee on Agriculture.
"1. Agriculture generally.
"2. Inspection of livestock and meat
products.
"3. Animal industry and diseases of ani-
mals.
"4. Adulteration of seeds, insect pests, and
protection of birds and animals in forest
reserves.
"5. Agricultural colleges and experiment
stations.
"6. Forestry in general, and forest reserves
other than those created from the public
domain.
"7. Agricultural economics and research.
"8. Agricultural and industrial chemistry.
"9. Dairy industry.
"10. Entomology and plant quarantine.
"11. Human nutrition and home eco-
nomics.
"12. Plant industry, soils, and agricultural
engineering.
"13. Agricultural educational extension
services.
"14. Extension of farm credit and farm
security.
"15. Rural electrification.
"16. Agricultural production and marketing
and stabilization of prices of argicultural
products.
of Remarks E 10093
"17. Crop insurance and soil conservation.
"(b) Committee on Appropriations.
"1. Appropriation of the revenue for the
support of the Government.
"(c) Committee on Armed Services.
"1, Common defense generally.
"2. The War Department and the Military
Establishment generally.
"3. The Navy Department and the Naval
Establishment generally.
"4. Soldiers' and sailors' homes.
"5. Pay, promotion, retirement, and other
benefits and privileges of members of the
armed forces.
"6. Selective service.
"7. Size and composition of the Army and
Navy.
"8. Forts, arsenals, military reservations,
and navy yards.
"9. Ammunition depots.
"10. Conservation, development, and use of
naval petroleum and oil shale reserves.
"11. Strategic and critical materials neces-
sary for the common defense.
"12. Scientific research and development in
support of the armed services.
'(ti) Committee on Banking and Currency.
"1. Banking and currency generally.
"2. Financial aid to commerce and indus-
try, other than matters relating to such aid
which are specifically assigned to other com-
mittees under this rule.
"3. Deposit insurance.
"4. Public and private housing.
"5. Federal Reserve System,
"6. Gold and silver, including the coinage
thereof.
"7. Issuance of notes and redemption there-
of.
"8. Valuation and revaluation of the dol-
lar.
"9. Control of prices of commodities, rents,
or services.
"(e) Committee on Post Office and Civil
Service.
"1. The Federal civil service generally.
"2. The status of officers and employees of
the United States, including their compen-
sation, classification, and retirement.
"3. The postal service generally, including
the railway mail service, and measures relat-
ing to ocean mail and pneumatic-tube serv-
ice; but excluding post roads.
"4. Postal-savings banks.
"5. Census and the collection of statistics
generally.
"6. The National Archives.
"(f) Committee on the District of Colum-
bia.
"1. All measures relating to the municipal
affairs of the District of Columbia in gen-
eral, other than appropriations therefor, in-
cluding-
"2. Public health and safety, sanitation,
and quarantine regulations.
"3. Regulation of sale of intoxicating
liquors.
"4. Adulteration of food and drugs.
"5. Taxes and tax sales.
"6. Insurance, executors, administrators,
wills, and divorce.
"7. Municipal and juvenile courts.
"8. Incorporation and organization of so-
cieties.
"9. Municipal code and amendments to the
criminal and corporation laws.
" ( g) Committee on Education and Labor.
"1. Measures relating to education or la-
bor generally.
"2. Mediation and arbitration of labor dis-
putes.
"3. Wages and hours of labor.
"4. Convict labor and the entry of goods
made by convicts into interstate commerce.
"5. Regulation or prevention of importa-
tion of foreign laborers under contract.
"6. Child labor.
"7. Labor statistics.
"8. Labor standards.
"9. School-lunch program.
"10. Vocational rehabilitation.
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"11. United States Employees' Compensa-
tion Commission.
"12. Columbia institution for the Deaf,
Dumb, and Blind; Howard University; Freed-
men's Hospital; and Saint Eitsabeths Hos-
pital.
"13. Welfare of miners.
"(h) (1) Committee on Expenditures in
the Executive Departments.
"(A) Budget and aecounting measures,
other than appropriations.
"(B) Reorganizations in the "executive
branch of the Government.
"(2), Such committee shall have the duty
of- "
"(A) receiving and examining reports of
the Comptroller General of the United States
and of submitting such recommendations
to the House as it deems necessary or de-
sirable in connection with the subject mat-
ter of such reports;
"(B) studying the operation of Govern-
ment activities at all levels with a view to
determining its economy and efficieney;
"(C) evaluating the effects of laws enacted
to reorganize the legislative and exeeutive
branches of the Government;
"(D) studying intergovernmental rela-
tionships between the 'United States and
the States and municipalities, and between
the United States and international orga-
nizations of which the 'United States is a
member.
"(1) Committee on Foreign Affairs.
"1. Relations of the lanited States with
foreign nations generally.
"2. Establishment of boundary lines be-
tween the United States and foreign nations.
"3. Protection of American citizens abroad
and expatriation.
"4. Neutrality.
"5. International conferences and con-
gresses.
"6. The American National Red Cross.
"7, Intervention abroad and. declarations
of war.
"8. Measures relating to the diplomatic
service.
"9. Acquisition of land and buildings for
embassies and legations in foreign countries.
"10. Measures to foster commercial inter-
course with foreign nations and to safeguard
American business Interests abroad.
"11. United Nations Organization and in-
ternational financial and Monetary "orgehiz-
ations.
"12. Foreign leans.
"(j) (1) Committee on House Adminis-
tration.
"(A) Employment of persons by the Meese,
Including clerks for Members and commit-
tees, and reporters of debates.
"(B) Expenditure of the contingent fund
of the House.
"(C) The auditing and settling a all ac-
counts which may be charged to the con-
tingent fund.
"(D) Measures relating to accounts of the
House generally.
"(E) Appropriations from the contingent
fend.
"On Measures relating to services to the
House, including the House Restaurant arid
administration of the House Office Build-
ings and of the House wing of the Capitol.
"(G) Measures relating to the travel of
Members of the House.
"(H) Measures relating to the assignment
of office space for Members and committees.
"(1) Measures relating to the disposition
of useless executive papers.
"(J) Except as provided in paragraph (0)
8, matters relating to the Library of Congress
and the House Library; statuary and pic-
tures; acceptance or purchase of works of
art for the Capitol; the BOtanic Gardens;
management of the Library of Congress; pur-
chase of books and manuscripts; erection of
monuments to the memory of individuals.
"(X) Except as provided in paragraph (0)
8, Matters relating to the Smithsonian In-
etitution and the incorporation of similar
institutions.
"(L) Matters relating to printing and cor-
rection of the Congressional Record.
"(M) Measures relating to the election of
the President, Vice President, or Members of
Congress; corrupt practices; contested elec-
tions; credentials and qualifications; and
Federal elections generally.
"(2) Such committee shell also have the
duty of-
"(A) examining all bills, amendments, and
Joint resolutions after passage by the House;
and in cooperation with the Senate Commit-
tee on Rules and Administration, of examin-
ing all bills and Joint resolutions which shall
have passed both Houses, to see that they
ate correctly enrolled; and when signed by
the Speaker of the House and the President
oe the Senate, shall forthwith present the
snme, when they Shall have originated in the
House, to the President of the United States
In person, and report the fact and date of
such presentation to the House;
"(73) reporting to the Sergeant at Arms of
the House the travel of Members of the
Heuse;
"(C) arranging a suitable program for
each day observed. by the House of Represent-
atives as a memorial day in memory of
Members of the Senate and Souse of Renee-
seiatative,s who have died during the preced-
ing period, and to arrange for the publica-
nen of the proceedings thereof.
Committee on Interstate and For-
eign Commerce. n
a
01. Interstate and foreign commerce ge-
er"Ilky.)
e2. Regulation of interstate and foreign
trainsportetion? except transportation by wa-
ter not subject to the jurisdiction of the In-
mutate Commerce Commission.
"3. Regulation of interstate and foreign
communications.
04. Civil aeronautics.
"6. Weather bureau.
"6. interstate oil compacts; and petroleum
and natural gas, eecept on the public lands.
"n. Securities and exclienges.
13. Regulation of interetate transmission
of power. except the installation of con-
nections between Government water power
projects.
"9. Railroad labor and railroad retirement
and unemployment, except revenue measorPs
relating thereto.
"10. Public health and quarantine.
"11. Inland waterways.
22. Bureau of Standards, standardization
of Weights and measures, and the metric
system.
"(1) Committee on the Judiciary.
"1. Judicial proceedings, civil and criminal,
generally.
"2. Constitutional amendments.
"3, Federal courts and judges.
"4. Local courts in the Territories and pos-
sessions.
"5; Revision and codification of the stat-
utes of the "United States.
"6. National penitentiaries.
"7, Protection of trade and commerce
against unlawful restraints and monopolies.
"8. Holidays and celebrations.
"9. Bankruptcy, mutiny, espionage, and
counterfeiting.
"10. State and Territorial boundary lines.
"ll Meetings of Congress, attendance of
Members, and their acceptance of incompat-
ible offices.
"12. Civil liberties.
"13, Patents, copyrights, and trade-marks.
"14. Patent Office.
"15. Immigration and naturalization
"16. Apportionment of Representatives.
"17. Measures relating to Mains against
the Melted States.
"18. Interstate compacts generally.
1 "10. Presidential stincession.
I "(re) Comenittee ((hi Merchant Marine and
Oishertee.
I el, meenhaneenarinegeneralIY,
! "2. Registering andlicensing Of vessels and
titian breets. ,. ...
"3. Netigation and the laws relating there-
o, Incittritngpibetage.:'
"4. Rules and iriteenational nents
prevent collisions annea.
"5. Merchant:marin* officers end seamen.
1 "8. Measures telatirns. to the Segulation of
mmon carriers by water (extent matters
subject WS the Jurisdiction of ttel Interstate
(omnmefQe Corrinaissiott) and tee elle inspec-
on. of merchant rnallne vessels; lights and
gnals, li,fesaving egeipment, and fire pro-
tion on such tassels:- .
"7. The CoasteGuard, including lifesaving
rviee, lighthouses, lightships, and ocean
d(erelicts.
"8. United States niiieet Guard and Mer-
chant Marine Aceslennile.
"9. Coat and Oleodelee Survey..
1"10. The Panatela C.Maal and ti.e mainte-
nance and, operation ee the Panatela Canal.
including.:the adiainistfation, sanitation, and
gnverranent of the Canal ZoneeSund inter-
oleanic cabals generann.
"11. Fidler/es and Wildlife, ineiurling re-
,
search, reetoration, reints, and cOnservation.
"(n) Conimittee on :Mlle Lands.
i Pub Hc ..
nl. inuielc lands generally, Incl tug entry,
easernentei and ginzi ngefili ereon. ,,..
"2. Mineral reenurcesnof the public lands.
f'3. Forfeiture 'ed land grants rand alien
ownershleneacluding alien ownerstnp of min-
erel lands:
'4. Forest reserves and" national parks ere-
attd from the puler& doniain.
'5. Military paints anenbattlefleide, and na-
tidnal cemeteries. .-
1'6. Preservation of ehistoric tulfis and
objects of interest on the public domain.
/7. Measures relatinKlienerally 12) Hawaii,
Al ska, and the insular possessiets of the
Ur4ited States, except the affecting the rev-
en4me and apprcprietionee
',EL Irrigation and reclamation, including
water supply for Teclartiation projects, and
easiements of public Linde for irrigation proj-
eota, and trequisitten of eprivate lands when
necessary to compeete irrigation projects
IS Interitate connect* relating 4oappor-
tionment of waters for terigateen purposes.
"to. Mining intetests generally. .
"1.1. Minetal land law e and claims and
?Iles thereunder.: .
" , 2. Geological survey.
"13. Mining schools and experimental sta-
doles. .'
"ils. Petrtneurn tionsertntion on t
l ee pub-
lic ands and conservatitm of the radiem
supply in the United States.
"15. Relations of- the -Vented States with
the Indiansand the Indian tribes. .
"lp. meastres reeatingtto the care, edu-
?
cati n, and eitanagelnent Of Indianan Includ-
a which are paid dal of Indian funds.
ing he care" and allotment of Indian lands
and eneral end special Measures relining to
"On Committee on Public Works. ,
"11 Flood control and improvement of rim'-.
era aed harbors.
"2. Public .works for the benefit or :niivi-
l
gen+, inclining bricigessend dams (other
than internitional lorielgee and danis) ?
'3 Water power. .. "--
"4. 011 and other pollution of nangatee
wateirs. e.
"5. 'Public buildings andoccupied. er Im-
provea grounds of the united stares gen-
erall
Measures relating to the purchase of
sites nd construction of postornate, cus-
tomhuses, Federal enurtbousee, and Gov-
erneri nt buildings within the Districten 1umbi.
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"7. Measures relating to the Capitol Build-
ing and the Senate and House Office Build-
ings.
"8. Measures relating to the construction
or reconstruction, maintenance, and care of
the buildings and grounds of the Botanic
Gardens, the Library of Congress, and the
Smithsonian Institution.
"9, Public reservations and parks within
the District of Columbia, including Rock
Creek Park and the Zoological Park.
10. Measures relating to the construction
or maintenance of roads and post roads,
other than appropriations therefor; but it
shall not be in order for any bill providing
general legislation in relation to roads to
contain any provision for any specific road,
nor for any bill in relation to a specific road
to embrace a provision in relation to any
other specific road.
"(p) Committee on Rules.
"1. The rules, joint rules, and order of
business of the House.
"2, Recesses and final adjournments of
Congress.
"(q) (1) Committee on Un-American Ac-
tivities.
"(A) Un-American activities.
"(2) The Committee on Un-American Ac-
tivities, as a whole or by subcommittee, is
authorized to make from time to time in-
vestigations of (i) the extent, character, and
objects of un-American propoganda activi-
ties in the United States, (ii) the diffusion
within the United States of subversive and
un-American propaganda that is instigated
from foreign countries or of a domestic origin
and attacks the principle of the form of
government as guaranteed by our Consti-
tution, and (iii) all other questions in re-
lation thereto that would aid Congress in
any necessary remedial legislation.
"The Committee on Un-American Activi-
ties shall report to the House (or to the
Clerk of the House if the House is not in
session) the results of any such investiga-
tion, together with such recommendations
as It deems advisable.
"For the purpose of any such investigation,
the Committee on Un-American Activities,
or any subcommittee thereof, is authorized
to sit and act at such times and places within
the United States, whether or not the House
is sitting, has recessed, or has adjourned,
to hold such hearings, to require the at-
tendance of such witnesses and the produc-
tion of such books, papers, and documents,
and to take such testimony, as it deems nec-
essary. Subpenas may be issued under the
signature of the chairman of the committee
or any subcommittee, or. by any member
designated by any such chairman, and may
be served by any person designated by any
such chairman or member.
"(r) Committee on Veterans' Affairs.
"1. Veterans' measures generally.
"2. Pensions of all the wars of the United
States, general and special.
"3. Life insurance issued by the Govern-
ment on account of service in the armed
forces.
"4. Compensation, vocational rehabilita-
tion, and education of veterans.
"5. Veterans' hospitals, medical care, and
treatment of veterans.
"6. Soldiers' and sailors' civil relief.
"7. Readjustment of servicemen to civil
life.
"(s) Committee on Ways and Means.
"1. Revenue measures generally.
"2. The bonded debt of the United States.
"3. The deposit of public moneys.
"4. Customs, collection districts, and ports
of entry and delivery.
"5. Reciprocal trade agreements.
"6. Transportation of dutiable goods.
"7. Revenue measures relating to the in-
sular possessions.
"8. National social security.
"(2) (a) The following-named committees
shall have leave to report at any time on the
matters herein stated, namely: The Com-
mittee on Rules - on rules, joint rules, and
order of business; the Committee on House
Administration?on the right of a Member
to his seat, enrolled bills, on all matters re-
ferred to it of printing for the use- of the
House or the two Houses, and on all matters
of expenditure of the contingent fund of the
House; the Committee on Ways and Means?
on bills raising revenue; the Committee on
Appropriations?on the general appropria-
tion bills; the Committee on Public Works?
on bills authorizing ,the improvement of
rivers and harbors; the Committee on the
Public Lands?on bills for the forfeiture of
land grants to railroad and other corpora-
tions, bills preventing speculation in the
public lands, bills for the reservation of the
public lands for the benefit of actual and
bona fide settlers, and bills for the admis-
sion of new States; the Committee on Vet-
erans Affairs?on general pension bills.
"(b) It shall always be in order to call up
for consideration a report from the Commit-
tee on Rules (except it shall not be called
up for consideration on the same day it is
presented to the House, unless so determined
by a vote of not less than two-thirds of the
Members voting, but this provision shall not
apply during the last three days of the
session), and, pending the consideration
thereof, the Speaker may entertain one mo-
tion that the House adjourn; but after the
result is announced he shall not entertain
any other dilatory motion until the said re-
port shall have been fully disposed of. The
Committee on Rules shall not report any
rule or order which shall provide that busi-
ness under paragraph 7 of rule XXIV shall
, be set aside by a vote of less than two-thirds
of the Members present; nor shall it report
any rule or order which shall operate to pre-
vent the motion to recommit being made as
provided in paragraph 4 of rule XVI.
"(c) The Committee on Rules shall pre-
sent to the House reports concerning rules,
joint rules, and order of business, within
three legislative days of the time when or-
dered reported by the committee. If such
rule or order is not considered immediately,
it shall be referred to the calendar and if
not called up by the Member making the re-
port within seven legislative days thereafter,
any member of the Rules Committee may
call it up as a question of privilege and the
Speaker shall recognize any member of the
Rules Committee seeking recognition for that
purpose. If the Committee on Rules shall
make an adverse report on any resolution
pending before the committee, providing for
an order of business for the consideration
by the House of any public bill or joint reso-
lution, on days when it shall be in order to
call up motions to discharge committees it
shall be in order for any Member of the
House to call up for consideration by the
House any such adverse report, and it shall
be in order to move the adoption by the
House of said resolution adversely reported
notwithstanding the adverse report of the
Committee on Rules, and the Speaker shall
recognize the Member seeking recognition
for that purpose as a question of the highest
privilege.
"(d) The Committee on House Adminis-
tration shall make final report to the House
in all contested-election cases not later than
six months from the first day of the first reg-
ular session of the Congress to which the
contestee is elected except in a contest from
the Territory of Alaska, in which case the
time shall not exceed nine months.
"(e) A standing committee of the House
(other than the Committee on Appropria-
tions) shall meet to consider any bill or
resolution pending before it (A) on all regu-
lar meeting days selected by the committee;
(B) upon the call of the chairman of the
E 10095
committee; (C) if the chairman of the com-
mittee, after three days' consideration, re-
fuses or fails, upon the request of at least
three members of the committee, to call a
special meeting of the committee within
seven calendar days from the date of said
request, then, upon the filing with the clerk
of the committee of the written and signed
request of a majority of the committee for a
called special meeting of the committee, the
committee shall meet on the day and hour
specified in said written requst. It shall be
the duty of the clerk of the committee to
notify all members of the committee in the
usual way of such called special meeting.
"(f) The rules of the House are hereby
made the rules of its standing committees so
far as applicable, except that a motion to
recess from day to day is hereby made a
motion of high privilege in said committees."
DELEGATES AND RESIDENT COMMISSIONER
SEC. 122 Rule XII of the Standing Rules of
the House of Representatives is amended to
read as follows:
"RULE 'XII
"DELEGATES AND RESIDENT COMMISSIONER
"1. The Delegates from Hawaii and Alaska,
and the Resident Commissioner to the United
States from Puerto Rico, shall be elected to
serve as additional members on the Com-
mittees on Agriculture, Armed Services, and
Public Lands; and they shall possess in such
committees the same powers and privileges
as in the House, and may make any motion
except to reconsider."
REFERENCE OF PRIVATE CLAIMS BILLS
SEC. 123. Paragraph 3 of rule XXI of the
Standing Rules of the House of Representa-
tives is amended to read as follows:
"3. No bill for the payment or adjudication
of any private claim against the Government
shall be referred, except by unanimous con-
sent, to any other than the following com-
mittees, namely: To the Committee on For-
eign Affairs and to the Committee on the
Judiciary."
PART 3?PROVISIONS APPLICAELE TO BOTH
HOUSES
PRIVATE BILLS BANNED
SEC. 131. No private bills or resolution (in-
cluding so-called omnibus claims or pension
bills), and no amendment to any bill or
resolution, authorizing or directing (1) the
payment of money for property damages, for
personal injuries or death for which suit may
be instituted under the Federal Tort Claims
Act, or for a pension (other than to carry
out a provision of law or treaty stipulation);
(2) the construction of a bridge across a
navigable stream; or (3) the correction of
a military or naval record, shall be received
or considered in either the Senate or the
House of Representatives.
CONGRESSIONAL ADJOURNMENT
SEC. 132. Except in time of war or during
a national emergency proclaimed by the
President, the two Houses shall adjourn sine
die not later than the last day (Sundays
excepted) in the month of July in each year
unless otherwise provided by the Congress.
COIVIMIrthE PROCEDURE
SEC. 133. (a) Each standing committee of
the Senate and the House of Representatives
(except the Committees on Appropriations)
shall fix regular weekly, biweekly, or monthly
meeting days for the transaction of business
before the committee, and additional meet-
ings may be called by the chairman as
he may deem necessary.
(b) Each such committee shall keep a
complete record of all committee action.
Such record shall include a record of the votes
on any question on which a record vote is
demanded.
(c) It shall be the duty of the chairman of
each such committee to report or cause to be
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E 10096 CONGRESSIONAL RECORD Extens;ans ofi Remarks November 26, 1969
reported promptly to ehe Senate or House of
Representatives, as the case may be, any
measure approved by his committee and to
take or cause to be taken necessary steps to
bring the matter to a vete.
(d) No measure or recommendation shall
be reported from any emch committee unless
a majority of the committee were actually
present.
(e) Each such standing committee shall,
so far as practicable, acquire all Witnesses
appearing before it to elle in advance writ-
ten statements of their proposed testimony,
and to limit their oral presentations to brief
summaries of their argument. The staff of
each committee shall prepare digests of such
statements for the use of committee mem-
bers.
(f) An hearings cogdected by standing
committees or their suhoornnaittees shall be
open to the public, except executive igissions
for marking up bills orefor voting or where
the committee by a majority vote orders
an executive session,
COMMITTEE 'TOWERS
SEC. 134. (a) Each stiguling committee of
the Senate, including any suboonunittee of
any such committee, Is authorized to hold
such hearings, to sit and act at such times
and places during the seezions, recesses, and
adjourned periods of the Senate, to require
by subpena or otherwise the attendance of
such witnesses and the Production of such
correspondence, books, papers, and docu-
ments, to take such testimony and to make
such expenditures (not ffit excess of $10,000
for each committee during any Congress) as
it deems advisable. Each siech committee may
make investigations into-Any matter Within
Its jurisdiction, May report such hearings
as may be had by it, and May employ ideno-
graphic assistance at a cot% not exceeding 25
cents per hundred wort* The expenses of
the committee shall be paid from the con-
tingent fund of the Semite upon vouchers
approved by the chairman.'
(h) Every committee and subcommittee
serving the Senate and Hdhse of Representa-
tives shall report the name, profession and
total salary of each staff meraber employed
by it, and shall make an accounting of fUnds
appropriated to it and expended by it to the
Secretary of the Senate and Clerk of the
House of Representatives._ as the case ;nay
be, at least once every six Months, and mat
information shall be published periodically
in the Congressional Directry when and as
the same is issued and as nate and House
documents, respectively, every three months.
(c) No standing committee of the Senate
or the Howse, except the Coramittee on Rules
of the House, shall sit, without special leave.
while the Senate or the House, as the ease
may be, is In session.
CONFERENCE RULES ON AMENDUENTS IN NATURE
OF SUBSTITUTE
SECL 135. (a) In any case in which a dis-
agreement to an arnendmegt in the nature
of a substitute has-been referred to confer-
ees, It shall be in order for the conferees to
report a substitute on the scene subject mat-
ter; but they may not include in the report
matter not committed to them by either
House. They may, however, include in their
report in any such case matter which is a
germane modification of subjects in disagree-
ment.
(b) In any case in which the conferees vio-
late subsection (a), the conference repqrt
shall be subject to a point of dialer.
LEGISLATIVE oveasmier HT STANDING
COMMITTEES
SEC. 136. To assist the Congress in apprais-
ing the administration of the laws and in de-
veloping &ugh amendments oe related legis-
lation as it may deem necessaey, each stand-
ing committee of the Senate and the Howie
of Representatives shall exercise continuous
watchfulness of the execution by the adinin-
istrative agencies concerned oif any laws, the
subject matter of which is within the juris-
diction of such committee; and, for that pur-
pose, shall study all pertinent reports and
data Submitted to the Congress by the agen-
cies in the executive branch of the Gov-
ernment.
DECISIONS ON etreseemis or COMMITTEE
JURISDICTION
See. 137. In any cam in which a contro-
versy arises as to the jurisdiction of any
standing committee of the Senate with re-
spect to any proposed legislation, the ques-
tion of jurisdiction shall be decided by the
presiding officer of the Senate, without de-
bate, in favor of that committee which has
Jurisdiction over the subject matter Which
predominates In such proposed legislation;
but such decision shall be subject to an ap-
peal.
LEGISLATIVE BUDGET
Sze. 138. (a) The Committee on Ways and
Means and the Committee on Appropriations
Of the House of Representatives, and the
Committee on Finance and the Committee
on Appropriations of the Senate, or duly au-
thorized subcommittees thereof, are author-
teed and directed to meet jointly at the be-
ginning of each regular session of Congress
and after study and consultation, giving due
censideration to the budget recommenda-
tions of the President, report to their resraec-
aye Houses a legislative budget for the en-
ening fiscal year, including the estimated
deer-all Federal receipts and expenditures for
such year. Such report shall contain a Mc-
ornmendation for the maximum amount to
be appropriated for expenditure in such year
which shall include such an amount to be
reserved for deficiencies es may be deemed
necessary by such committees. If the esti-
mated receipts exceed the estimated expendi-
tures, such report shall contain a recommen-
dation for a reduction in the public debt.
Such report shall be made by February 15.
(b) The report shall be accompanied by
a concurrent resolution adopting such
budget, and fixing the maximum amount
to be appropriated for expenditure in such
year. If the estimated expenditures exceed
the estimated receipts, the concurrent res-
olution shall include a section substantially
as follows: "That it is the sense of the Con-
grees that the public debt shall be Increased
in fin amount equal to the amount by which
the estimated expenditures for the ensuing
fiscal year exceed the estimated receipts,
such amount being $ ."
erammeas AND REPORTS BY APPROPRIATIONS
COMMITTEES
See. 139. (a) No general appropriation bill
shall be considered in either House unless,
prior to the consideration of such bill, print-
ed committee hearings and reports on such
bill have been available for at least three
calendar days for the Members of the House
In which such bill is to be considered.
(b) The Committees on Appropriations of
the two Houses are authorized and directed,
acting jointly, to develop a standard ap-
propriation classification schedule which will
clearly define in concise and uniform ac-
counts the subtotals of appropriations asked
for by agencies in the executive branch of
the Government. That part of the printed
hearings containing each such agency's re-
quest for appropriations shall be preceded by
such A, schedule.
(c) asTo general appropriation bin or amend-
ment thereto shall be received or consid-
ered ip either House if it contains a provi-
sion reappropriating unexpended balances of
appropriations; except that this provision
shall not apply to approriations in continua-
tion ef apropriations for public works on
which work has commenced.
(d) The Appropriations Committees of
both Houses are authorized and directed
to make a study of (I) existing permanent
appropriations with a view to limiting the
number of permanent appropriations and
1 to recommend to their respe dive Houses
j what permanent appropriations:, if cmy,
1 should be discontinued; and 2) the dis-
position of funds resulting from the tale of
, Government property or services by all cle-
inartnients and agencies in the execenee
branch of the Government with a view to
irecommending to their respective Houses a
uniform system of control with respect to
such funds.
1
1 RECORDS OF CONGRESS
1 Sae. 140. (a) The Secretary of the Senate
1rnd the Clerk oh the House of Representat-
ives are authorized and directed, acting
ointly, to obtain at the close oi each Con-
rese all of the noncurrent records et the
ongress and of each committee thereof and
ansfer them to the National 1 rchives for
eeervation, subject to the orders of the
eenate or the House, respectivele.
I (b) The Clerk of the House of itepresenta-
4ives is authorized and directed to collect all
tfthe noncurrent records of the House of
epre,sentatives from the First to the Seven-
-sixth Congress, inclusive, and transfer
s ch records to the National Aechives for
fireservatlon, subject to the orders of the
tnate or the souse, respectively.
PRESERVATION OF COMMITTEE 13,,ARINGS
1
. SEC: 141. The Librarian of the Library of
tigress is autborized and directed to have
und at the end of each session of Congress
e printed hearings of testimony taken by
e
h committee of the Congress at the pre-
c cling session.
ECTIVE DATE
Om. 142. This title shall take effect on
Jainuary 2, 1947; except that this section and
se tiona 140 and 141 shall take effect on the
date of enectrrient of this Act.
i TOILE II?MISCELLANEOUS
rAtur I?STATUTORY' PROVISIONS RIO ATING en
; CONGRESSIONAL PERSONNEL
FNCREASE IN COMPENSATION roe [ER Tau nr
1 CONGRESSIONAL OFFICERS
c. 201. (a) Effective January 1, 1947. the
an uEil batik compensation of the elected of-
fic rs of the Senate and the House of Repre-
se atives (not including the Prete ii rig Of-
fie s of the two Houses) shall be Increased
by 0 per centum; and the provisions of sec-
tic 501 of the Federal Employees Pay Act
of 945, as amended by section 5 of he Fed-
er Employees Pay Act of 1948, shall not be
appcacable to the compensation of said
elected Officers.
( ) There is hereby authorized to be tip-
pro riated annually for the "Office of the
Vic President" the sum of 023,130; and there
Is h reby authorized to be appropriated an-
nually for the Office of the Speaker" the
sum l of $20,025.
(c The Speaker, the majority leer cr, and
the )ninority leader of the House of R,epre-
sentetives are each authorized to em sloy an
administrative assistant, who shall receive
basft compensation at a rate not to exceed
$8,0 a year. There is hereby authorized to
be a propriated such sums as may to necs-
sary for the payment of such compel-. setion
i COMMITTEE STAFFS
Seq. 202. (a) Each standing committee of
the Sanate and the Rouse of Representatives
(othelr than the Appropriations Commzttees)s
is authorized to appoint by a majority vote
of the committee not more than four tinges-
stonestaff members In addition to the cler-
ical & affe on a permanent basis without re-
gard )o political affiliationsand solely on
_
the basis of fitness to perform the duties of
the lice; and said staff members sle ill be
assign d to the chairman and rankin; mi-
nority member of such committee at the
committee may deemed advisable, Each such
comm tee is further authorized to terminate
the setvices by a majority vote of the corn-
mitteel of any such professional staff mem-
ber as kt may see fit. Professional staff meg:-
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propriated for the work of the Legislative
Reference Service the following sums: (1)
For the fiscal year ending June 30,. 1947,
$550,000; (2) fOr the fiscal year ending June
30, 1948, $650,000; (3) for the fiscal year
ending June 30, 1949, $750,000; and (4) for
each fiscal year thereafter such sums as may
be necessary to carry on the work of the
Service.
OFFICE OF THE LEGISLATIVE COUNSEL
SEC. 204. There is hereby authorized to be
appropriated for the work of the Office of
the Legislative Counsel the following sums:
(1) For the fiscal year ending June 30,
1947, $150,000;
(2) For the fiscal year ending June 30,
1948, $200,000;
(3) For the fiscal year ending June 30,
1949, $250,000;
(4) For the fiscal year ending June 30,
1950, $250,000; and
(5) For each fiscal year thereafter such
sums as may be necessary to carry on the
work of the Office.
STUDIES BY COMPTROLLER GENERAL
bers shall not engage in any work other
than committee business and no other duties
may be assigned to them.
(b) Subject to appropriations which it
shall be in order to include in appropria-
tion bills, the Committee on Appropriations
of each House is authorized to appoint such
staff, in addition to the clerk thereof and as-
sistants for the minority, as each such com-
mittee, by a majority vote, shall determine
to be necessary, such personnel, other than
the minority assistants, to possess such
qualifications as the committees respectively
may prescribe, and the Committee on Ap-
propriations of the House also is authorized
to conduct studies and examinations of the
organization and operation of any executive
agency (including any agency the majority of
the stock of Which is owned by the Govern-
ment of the United States) as it may deem
necessary to assist it in connection with the
determination of matters within its juris-
diction and in accordance with procedures
authorized by the committee by a majority
vote, including the rights and powers con-
ferred by House Resolution Numbered 50,
adopted January 9, 1945.
(c) The clerical staff of each standing com-
mittee, which shall be appointed by a ma-
jority vote of the committee, shall consist of
not more than six clerks, to be attached to
the office of the chairman, to the ranking
minority member, and to the professional
staff, as the committee may deem advisable;.
and the position of committee janitor is
hereby abolished. The clerical staff shall
handle committee correspondence and steno-
graphic work, both for the committee staff
and for the chairman and ranking minority
member on matters related to committee'
work.
(d) All committee hearings, records, data,
charts, and files shall be kept separate and
distinct from the congressional office records
of the Member serving as chairman of the
committee; and such records shall be the
property of the Congress and all members of
the committee and the respective Houses
shall have access to such records. Each com-
mittee is authorized to have printed and
bound such testimony and other data pre-
sented at hearings held by the committee.
(e) The professional staff members of the
standing committees shall receive annual
compensation, to be fixed by the chairman,
ranging from $5,000 to $8,000 and the cleri-
cal staff shall receive annual compensation
ranging from $2,000 to $8,000.
(f) No committee shall appoint to its staff
any experts or other personnel detailed or
assigned from any department or agency of
the Government, except with the written
permission of the Committee on Rules and
Administration of the Senate or the Com-
mittee on House Administration of the House
of Representatives, as the case may be.
(g) No individual who is employed as a
professional staff member of any committee
as provided in this section shall be eligible
for appointment to any office or position in
the executive branch of the Government for
a period of one year after he shall have
ceased to be such a member.
(h) Notwithstanding the foregoing pro-
.
(3) The appropriations for the compensa-
tion of committee employees of standing
committees of the Senate and of the House
of Representatives contained in the Legisla-
tive Branch Appropriation Act, 1947, shall be
available for the compensation of employees
specified in paragraph (2) of this subsection
and of employees of the standing committees
of the Senate and House of Representatives
succeeding to the jurisdiction of the standing
committees specified in such Appropriation
Act; and in any case in which the legisla-
tive jurisdiction of any existing standing
committee is transferred to two or more
standing committees under title I of this Act,
the Committee on Rules and Administra-
tion of the Senate with respect to standing
committees of the Senate, and the Commit-
tee on House Administration, with respect
to standing committees of the House, shall
allocate such appropriations in an equitable
manner.
LEGISLATIVE REFERENCE SERVICE
(1) The committee employees of the exist-
ing Committee on Appropriations of the
Senate and of the existing Committee on Ap-
propriations of the House of Representa-
tives shall be continued on the rolls of the
respective appropriations committees estab-
lished under title I of this Act during the
fiscal year 1947, unless sooner removed for
cause.
(2) Committee employees of all other ex-
isting standing committees of each House
shall be continued on the pay rolls of the
Senate and House of Representatives, re-
spectively, through January 31, 1947, unless
sooner removed for cause by the Secretary of
the Senate or the Clerk of the House, as
the case may be.
SEC. 203. (a) The Librarian of Congress is
authorized and directed to establish in the
Library of Congress a separate department to
be known as the Legislative Reference Serv-
ice. It shall be the duty of the Legislative
Reference Service?
(1) upon request, to advise and assist any
committee of either House or any joint com-
mittee in the analysis, appraisal, and evalu-
ation of legislative proposals pending before
it, or of recommendations submitted to Con-
gress, by the President or any executive
agency, and otherwise to assist in furnish-
ing a basis for the proper determination of
measures before the committee;
(2) upon request, or upon its own initia-
tive in anticipation of requests, to gather,
classify, analyze, and make available, in
translations, indexes, digests, compilations
and bulletins, and otherwise, data for a bear-
ing upon legislation, and to render such
data serviceable to Congress, and committees
and Members thereof, without partisan bias
in selection or presentation;
(3) to prepare summaries and digests of
public hearings before committees of the
Congress, and of bills and resolutions of a
public general nature introduced in either
House.
(b) (1) A director and assistant director of
the Legislative Reference Service and all
other necesary personnel, shall be appointed
by the Librarian of Congress without regard
to the civil-service laws and without refer-
ence to political affiliations, solely on the
ground of fitness to perform the duties of
their office. The compensation of all em-
ployees shall be fixed in accordance with the
provisions of the Classification Act of 1923,
as amended: Provided, That the grade of
senior specialists in each field enumerated
in paragraph (2) of this subsection shall not
be less than the highest grade in the execu-
tive branch of the Government to which re-
search analysts and consultants without
supervisory responsibility are currently as-
signed. All employees of the Legislative Ref-
erence Service shall be subject to the pro-
visions of the civil-service retirement laws.
(2) The Librarian of Congress is further
authorized to appoint in the Legislative Ref-
erence Service senior specialists in the fol-
lowing broad fields: Agriculture; American
government and public administration;
American public law; conservation; educa-
tion; engineering and public works; full em-
ployment; housing; industrial organization
and corporation finance; international af-
fairs; international trade and economic geog-
raphy; labor; mineral economics; money and
banking; price economics; social welfare;
taxation and fiscal policy; transportation and
communications; and veterans' affairs. Such
Specialists, together with such other mem
bers of the staff as may be necessary, shal
be available for special work with the appro
priate committees of Congress for any of th
'purposes set out in section 203(a) (1).
) There is hereby authorized to be ap
SEC. 205. The Comptroller General is au-
thorized and directed to make a full and
complete study of restrictions placed in gen-
eral appropriation Acts limiting the expendi-
ture of specified appropriations therein, with
a view to determining the cost to the Gov-
ernment incident to complying with such
restrictions, and to report to the Congress
his estimate of the cost of complying with
such restrictions and such other recom-
mendations weih respect thereto as he deems
necessary or desirable.
EXPENDITURE ANALYSES BY COMPTROLLER
GENERAL
SEC. 206. The Comptroller General is au-
thorized and directed to make an expenditure
analysis of each agency in the executive
branch of the Government (including Gov-
ernment corporations), which, in the opin-
ion of the Comptroller General, will enable
Congress to determine whether public funds
have been economically and efficiently ad-
ministered and expended. Reports on such
analyses shall be submitted by the Comp-
troller General, from time to time, to the
Committees on Expenditures in the Execu-
tive Departments, to the Appropriations
Committees, and to the legislative commit-
tees having jurisdiction over legislation re-
lating to the operations of the respective
agencies, of the two Houses.
CORRECTION OF MILITARY AND NAVAL RECORDS
SEC. 207. The Secretary of War, the Secre-
tary of the Navy, and the Secretary of the
Treasury with respect to the Coast Guard,
respectively, under procedures set up by
them, and acting through boards of civilian
officers or employees of their respective de-
partments, are authorized to correct any
military or naval record where in their judg-
ment such action is necessary to correct an
error or to remove an injustice.
PART 2?STATUTORY PROVISIONS RELATING TO
COMMITTEES OF CONGRESS
IMPROVEMENT OF CONGRESSIONAL RECORD
SEC. 221. The Joint Committee on Printing
is authorized and directed to provide for
printing in the Daily Record the legislative
program for the day, together with a list of
congressional committee meetings and hear-
ings, and. the place of meeting and subject
matter; and to cause a brief r?m?f con-
gressional activities for the previous day to
be incorporated in the Record, together with
an index of its contents. Such data shall be
prepared under the supervision of the Sec-
retary of the Senate and the Clerk of the
House of Representatives, respectively.
JOINT COMMITTEE ON PRINTING
SEC. 222. Section 1 of the Act entitled "An
- Act Providing for the public printing and
e binding and the distribution of public docu-
ments", approved January 12, 1895 (28 Stat.
- 601) , is amended to read as follows: "That
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c t
there shall be a Joint Committee on Printing, any additional expenses incurred by the pub- e pariaeularn for -every expenditure of
consisting of the chairmen and two members li school system of the District in carrying elt funds exceeding $10 in amount, and
of the Committee on Rules and Administra- out such arrangement. preserve all eeceipted bills aril accounts
tion of the Senate and the chairman and two (b) There are hereby authorized to be ap- leqtifred to be kept by this se( non for a
members of the Committee on House Admin- propriated such sums as may be necessary to eriod of at leagt two years from the date of
titration of the House " of Representatives, reimburse the District of Columbia in ac- 1e sling of the statement containing such
Who shall have the powers hereinafter cordance with the arrangement referred to 1 ems.
stated." in subsection (a).
RECEIPTS FOR CONTRIBU /*IONS
JOINT COMMITTEE ON THE LIBRARY (c) Notwithstanding the provisions of sub- Sze. eye. Every individual who receives a
section.s (a) and (b) of this section, said
SEC. 223, The Joint Committee of Congress ntribution. of $500 Or more for any of the
on the Library shall hereafter consist of the page or pages may elect to attend a private or
chairman and four members of the Corn- parochiel school of their own choice: Pro- prises hereinafter designated shall within
e days after receipt thereof render to
mIttee on Rules and Administration of the vided, however, That such private or pa- e person or organization for which such
Senate and the chairman and four meenbers rechial school shall be reimbursed by the
ntribunon wee received a detail in account
of the Committee on House Administration Senate and House of Representatives only in tflereof, Including the name and address of
of the House of Representatives. same amount as Would be paid if the
e person malting such contribution and
page or page.s were attending a public school
TRANSFER OF FUNCTIONS e dine en wheeh received.
under the provisions of paragraphs (a) arid
SEC. 224. The functions; powers, and duties (n) of this section.
ATRIVIENFS TO MR FILED WITH CLERH OF IIGITSE
imposed by statute. reeolution, or rule Of
AUTHORIZATION OF APPROPRIATIONS AND See. 305. (a) Xvery person receiving any
either House of Congress on the effective date
PERSONNEL C ntributIons or expending any noney for
of this section on a standing committee of
the Senate or the House of Representatives
(or the chairman thereof) are, insofar as they
are consistent with this Act, hereby trans-
ferred to that standing committee created
by this Act (or the chairman thereof) to
which is transferred the legislative jurisdic-
tion over the subject matter to which such
functions, powers, and duties relate; except
that the chairman of the Committee on Civil
Service of the Senate and the chairman of
the Committee on Post Office and Civil fiery- EFFECTIVE DATE o each parson who has made any contribu-
ice of the House created by this Act shall Sen 245. This title shall take effect on ti n Of $500 or More to such pe son since
be members of the Nationin Archives Connell, the date of its enactment; except that sec- t e efrective date.of this- title;
JO/NT COMMLL TEE ON THE ECONOMIC REPORT teens 202 (a), (b), (c), (e), (f), and (h), (2) the total _sum et the contributions
SEC. 225. Section 5(b) (8) (relating to the 222, 223, 224, and 243 shall take effect on thede to or for such person during the mien-
time for filing the report of the Joint Com- day on which the Eightieth Congress eon- d year and net stated under paragraph
mittee on the Economic Deport) of the ken- vehes.
ployment Act of 1946 is amended by striking
out "May 1" and inserting in lieu thereof
"February 1".
e perpmes designated, in subparegraph (a)
SEC. 244. All necessary funds required to ) of aectimen07 snail file will the Clerk
carry out the provision,s of this Act, by the (b
tween the Met and tenth das of each
Secretary of the Senate and the Clerk of the c4ilendar quarter, a statement +iontalning
Fleuse, are hereby authorized to be appro-
priated,mplete as of the day next preceding the
and the Secretary of the Senate and te of filing?
the Clerk of the House are hereby further (1) the name And address of eech person
authorized to employ such administrative o has Made alei- ntribution of $5)0 or more
assistants as may be necessary In order te n t Me, ntioned in the preceding report; ex-
celery out the provisions of this Act under e pt that the flint report filed pursuant to
their respective jurisdictions. t is title shall contain the name and address
(4);
TITLE nr--pEouLATIoN OF LOBBYING 1(3) the total sum of all contributions
ACT mde to cie for melt person during he (mien-
dr year;
SHORT TITLE
ECONOMIC REPORT OF TICE PRESIDENT (4) the name and address of each person
Sec. 301. This title may be cited as the to whom an expenditure in one or more items
SEC. 226. Section 3(a) (relating to the time "Federal Regulation of Lobbying Act". of the are amount or vale e, within
for filingthe economic report of the presi-
DEFINITIONS WS calendar year, of $10 or more has been
dent) of the Employment Act of 1946 iS
0,13C. 302. When used in this title? e by Or on behalf of such eerson, and
amended by striking out "within 60 days
(a) The term "contribution" includes a amount, date, and purpose of such ex-
after the beginning of each regular segaion" diture;
gift,subscription, loan, advance, or deposit
and inserting in lieu thereof "at the begin-5) the total sum of all expendit tree made
of money or anything of value and includes
fling of each regular session". b or on behalf Of such person during the
a oontract, promise, or agreement, whether
calendar year and not stated under para-
PART 3?Peovismers RELATING TO Cannot or not legally enforceable, to make a contri-
ADM PAGES button. ph (4);
REMODELING OF CAUCI IS ROOMS 6) the total turn of expenditeres made
(b) The term "expenditure" includes a
AND RESTAURANTS payment, distribution, loan, advance, de- by or on behalf of such person daring the
SEC. 241. The Architect of the Capitol is pont, or gift of money or anything of value, ca en r year. -
b) The staternents required te, be filed
authorized and directed to prepare plane and ani includes a contract, Promise, or agrees by subsection (all shall-be cumulative fur-
submit them to Congress at the earliest prac- meet, whether or not legally enforceable, to in the calendar year to which they relate,
ticable date for the remodeling (a) of the make an expenditure,
bu where there has been no change in an
caucus rooms in the Senate and House Office (c) The term "person" includes an in-itetu reported in A previous statement only
Buildings to provide imp's:nod acoustics and dnedual, partnership, committee, newels, th minuet need-be carried forward,
seating facilities and for the presentation of tion, corporation, and any other organization
motion picture or other visual displays on or group of persons. STATEMENT PRESERVED FOR TWO ,'EAI"
matters of national interne and (b) of the (d) The term "Clerk" means the Clerk of sc. 806. A statement required by this title
Senate and House Restaurants to provide for the House of Representatives of the United to filed with the Clerk,?
more convenient dining fikilities.Stetes. a) shall be deemed properly il ed when
ASSIGNMENT OF CAPITOL SPACE (e) The term "legislation" means bills, deosited in an established post ?faze within
resolutions, amendments, nominations, and th prescribed time, duly stamped, registered,
SEC. 242. The President pro tempore of the other matters pending or proposed in either an directed to the Clark of the House of
Senate and the Speaker "of the ROUSE of Heine of Congress, and includes any other Re resentatives of the United States, Wash-
Representatives shall cause a survey to be matter which may be the subject of action in on, District Of Columbia lam, in the
made of available space Within the Capitol by either House,
which could be utilized for joint committee ev t it is not received, a duplicate Of such
t
DETAILED ACCOUNTS OF CONTRIBUTIONS statement shall be promptly filed upon no-
meetings, meetings of conference committees,
tick by the Clerk of its nonreeeipt;
and other meetings, requiring the attendance
Sec. 303. (a) It shall be the duty of every
of both Senators and Members of the House person who shall in any manner solicit or ( ) shall be preserved by the Clerk for a
of Representatives; and shall recommend the receive a contribution to any organization or pe od of two yeans from the date of filing,
reassignment of such space to accommodate fund for the purposes hereinafter designated s 1 constitute pert of the public records
such meetings, to keep a detailed and exact account of? of is often and shall be open to public
ins ectlon.
(1) all contributions of any amount or of _
SENATE AND HOUSE PAGES
any value whatsoever; PERSONS TO_ wenn! APPLICABLE
SEC. 243. (a) The Secretary of the Senate (2) the name and address of every person c. $07. -The previsions of this title shall
and the Clerk of the House of Represersta- making any such contribution of $500 or ap ly to any person (except a politlial cora-
tives, acting jointly, are authorized and di- more and the date thereof;
rected to enter into an arrangement with the m ee as defined in the Federal Corrupt
(3) all expenditures made by or on behalf Pre tices Act, and duly organized Stele or
Board of Education of the Dietrict of Co- of such organization or fund; and
lumina for the education- of Congressional loc committees of a political pari y) , who
(4) the name and address of every person by Ihimself, or through any (Vent of em-
pages and pages of the Supreme Court in the to Whom any such expenditure is made and plo ee or other persons in any mann Sr what-
public school system of the District. Such the date thereof.
soe er, directly or indirectly, solicee col-
arrangement shall include provision for re-
(n) It shall be the duty of sueh person lect , or receives money or any()the' thing
imbursement to the District of Columbia for to Obtain and keep a receipted bill, stating
of dente to be used principally to aid, or the
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principal purpose of which person is to aid,
in the accomplishment of any of the follow-
ing purposes:
(a) The passage or defeat of any legisla-
tion by the Congress of the United States.
(b) To influence, directly or indirectly,
the passage or defeat of any legislation by
the Congress of the United States.
REGISTRATION WITH SECRETARY OF THE SENATE
AND CLERK OF THE HOUSE
Src. 308. (a) Any person who shall en-
gage himself for pay or for any considera-
tion for the purpose of attempting to in-
fluence the passage or defeat of any legisla-
tion by the Congress of the United States
shall, before doing anything in furtherance
of such object, register with the Clerk of
the House of Representatives and the Secre-
tary of the Senate and shall give to those
officers in writing and under oath, his name
and business address, the name and address
of the person by whom he is employed, and
in whose interest he appears or works, the
duration of such employment, how much he
Is paid and is to receive, by whom he is
paid or is to be paid, how much he is to be
paid for expenses, and what expenses are to
be included. Each such person so registering
shall, between the first and tenth day of
each calendar quarter, so long as his activity
continues, file with the Clerk and Secretary
a detailed report under oath of all money
received and expended by him during the
preceding calendar quarter in carrying on
his work; to whom paid; for what purposes;
and the names of any papers, periodicals,
magazines, or other publications in which he
has caused to be published any articles or
editorials; and the proposed legislation he
is employed to support or oppose. The pro-
visions of this section shall not apply to
any person who merely appears before a com-
mittee of the Congress of the United States
In support of or opposition to legislation;
nor to any public official acting in his offi-
cial capacity; nor in the case of any news-
paper or other regularly published periodical
(including any individual who owns, pub-
lishes, or is employed by any such news-
paper or periodical) which in the ordinary
course of business publishes news items, edi-
torials, or other comments, or paid advertise-
ments, which directly or indirectly urge the
passage or defeat of legislation, if such news-
paper, periodical, or individual, engages in
no further or other activities in connection
with the passage or defeat of such legislation,
other than to appear before a committee of
the Congress of the United States in sup-
port of or in opposition to such legislation.
(b) All information required to be filed
under the provisions of this section with the
Clerk of the House of Representtaives and
the Secretary of the Senate shall be compiled
by said Clerk and Secretary, acting jointly,
as soon as practicable after the close of the
calendar quarter with respect to which such
information is filed and shall be printed in
the Congressional Record.
REPORTS AND STATEMENTS TO BE MADE TINDER
OATH
SEC. 309. All reports and statements re-
quired under this title shall be made under
oath, before an officer authorized by law to
administer oaths.
PENALTIES
SEC. 310. (a) Any person who violates any
of the provisions of this title, shall, upon
conviction, be guilty of a misdemeanor, and
shall be punished by a fine of not more than
$5,000 or imprisonment for not more than
twelve months, or by both such fine and
imprisonment.
(b) In addition to the penalties provided
for in subsection (a), any person convicted
of the misdemeanor specified therein is pro-
hibited, for a period of three years from the
date of such conviction, from attempting to
Influence, directly or indixectly, the passage
or defeat of any proposed legislation or from
appearing before a committee of the Congress
in support of or opposition to proposed
legislation; and any person who violates any
provision of this subsection shall, upon
conviction thereof, be guilty of a felony, and
shall be punished by a fine of not more
than $10,000, or imprisonment for not more
than five years, or by both such fine and
imprisonment.
EXEMPTION
SEC. 311. The provisions of this title shall
not apply to practices or activities regulated
by the Federal Corrupt Practices Act nor be
construed as repealing any portion of said
Federal Corrupt Practices Act.
TITLE IV?FEDERAL TORT CLAIMS ACT
PART 1?SHORT TITLE AND DEFINITIONS
SHORT TITLE
SEC. 401. This title may be cited as the
"Federal Tort Claims Act".
DEFINITIONS
SEC. 402. As used in this title, the term?
(a) "Federal agency" includes the execu-
tive departments and independent establish-
ments of the United States, and corporations
whose primary function is to act as, and
while acting as, instrumentalities or agencies
of the United States, whether or not author-
ized to sue and be sued in their own names:
Provided, That this shall, not be construed
to include any contractor with the United
States.
(b) "Employee of the Government" in-
cludes officers or employees of any Federal
agency, members of the military or naval
forces of the United States, and persons act-
ing on behalf of a Federal agency in an official
capacity, temporarily or permanently in the
service of the United States, whether with or
without compensation.
(c) "Acting within the scope of his' office
or employment", in the case of a member of
the military or naval forces of the United
States, means acting in line of duty.
PART 2?ADMINISTRATIVE ADJUSTMENT OF TORT
CLAIMS AGAINST THE UNITED STATES
CLAIMS OF $1,0 0 0 OR LESS
SEC. 403. (a) Subject to the limitations of
this title, authority is hereby conferred
upon the head of each Federal agency, or his
designee for the purpose, acting on behalf of
the United States, to consider, ascertain,
adjust, determine, and settle any claim
against the United States for money only,
accruing on and after January 1, 1945, on
account of damage to or loss of property or
on account of personal injury or death, where
the total amount of the claim does not ex-
ceed $1,000, caused by the negligent or
wrongful act or omission of any employee of
the Government while acting within the
scope of his office or employment, under cir-
cumstances where the United States, if a
private person, would be liable to the
claimant for such damage, loss, injury, or
death, in accordance with the law of the place
where the act or omission occurred.
(b) Subject to the provisions of part 3 of
this title, any such award or determination
shall be final and conclusive on all officers of
the Government, except when procured by
means of fraud, notwithstanding any other
provision of law to the contrary.
(c) Any award made to any claimant pur-
suant to this section, and any award, com-
promise, or settlement of any claim cogniza-
ble under this title made by the Attorney
General pursuant to section 413, shall be paid
by the head of the Federal agency con-
cerned Out of appropriations that may be
made therefor, which appropriations are
hereby authorized.
(d) The acceptance by the claimant of any
such award, compromise, or settelment shall
be final and conclusive on the claimant, and
shall constitute a complete release by the
claimant of any claim against the United
States and against the employee of the Gov-
ernment whose act or omission gave rise to
the claim, by reason of the same subject
matter.
REPORT
SEC. 404. The head of each Federal agency
shall annually make a report to the Congress
of all claims paid by such Federal agency
under this part. Such report shall include the
name of each claimant, a statement of the
amount claimed and the amount awarded,
and a brief description of the claim.
PART 3?SUITS ON TORT CLAIMS AGAINST THE
UNITED STATES
JURISDICTION
SEC. 410 (a) Subject to the provisions of
this title, the United States district court for
the district wherein the plaintiff is resident
or wherein he act or omission complained of
occurred, including the United States dis-
trict courts for the Territories and posses-
sions of the United States, sitting without
a jury, shall have exclusive jurisdiction to
hear, determine, and render judgment on any
claim against the United States, for money
only, accruing on and after January 1, 1945,
on account of damage to or loss of property or
on account of personal injury or death
caused by the negligent or wrongful act or
omission of any employee of the Government
while acting within the scope of his office
or employment, under circumstances where
the United States, if a private person, would
be liable to the claimant for such damage,
loss, injury, or death in accordance with the
law of the place where the act or omission
occurred. Subject to the provisions of this
title, the United States shall be liable in
respect of such claims to the same claimants,
In the same manner, and to the same ex-
tent as a private individual under like cir-
cumstances, except that the United States
shall not be liable for interest prior to judg-
ment, or for punitive damages. Costs shall
be allowed in all courts to the euccessful
claimant to the same extent as if the United
States were a private litigant, except that
such costs shall not include attorneys' fees.
(b) The judgment in such an action shall
constitute a complete bar to any action by
the claimant, by reason of the same subject
matter, against the employee of the Govern-
ment whose act or omission gave rise to the
claim. No suit shall be instituted pursuant to
this section upon a claim presented to any
Federal agency pursuant to part 2 of this
title unless such Federal agency has made
final disposition of the claim: Provided, That
the claimant may, upon fifteen days' notice
given in writing, withdraw the claim from
consideration of the Federal agency and com-
mence suit thereon pursuant to this section:
Provided further, That as to any claim so
disposed of or so withdrawn, no suit shall
be instituted pursuant to this section for
any sum in excess of the amount of the claim
presented to the Federal agency, except where
the increased amount of the claim is shown
to be based upon newly discovered evidence
not reasonably discoverable at the time of
presentation of the claim to the Federal
agency or upon evidence of intervening facts,
relating to the amount of the claim. Disposi-
tion of any claim made pursuant to part 2
of this title shall not be competent evidence
of liability or amount of damages in pro-
ceedings on such claim pursuant to this sec-
tion.
PROCEDURE
SEC. 411. In actions under this part, the
forms of process, writs, pleadings, and mo-
tions, and the practice and procedure, shall
be in accordance with the rules promulgated
by the Supreme Court pursuant to the Act of
June 19, 1934 (48 Stat. 1064); and the same
provisions for conterclaim and set-off, for in-
terest upon judgments, and for payment of
judgments, shall be applicable as in cases
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E 10100 CONGRESSIONAL RECORD ? Extensions of Ripnarks November 26, 1969
brought in the United States district courts
under the Act of March 3, 1887 (24 Stat. 505).
REVIEW
Sm. 412. (a) Final judgments in the dis-
trict courts in cases undet this part shall be
subject to review by appeals--
(1) in the circuit courts of appeals in the
same manner and to the same extent as other
judgments of the district courts; or
(2) in the Court of Claims of the United
States: Provided, That the notice of appeal
filed in the district court, under rule 73 of
the Rules of Civil Procedure shall have affixed
thereto the written consent on behalf of all
the appellees that the appeal be taken to the
Court of Claims of the United States. Such
appeals to the Court of Claims of the United
States shall be taken within three napnths
after the entry of the judgment of the dis-
trict court, and shall be governed by the
rules relating to appeals from a district court
to a circuit court of appeals adopted by the
Supreme Court pursuant to the Act oa June
19, 1934 (48 Stat. 1064). In such appeals the
Court of Claims of the United States shall
have the same powers and duties as those
conferred on a circuit court of appeals in re-
spect to appeals under section 4 of the Act
of February 13, 1925 (43 Stat. 939).
(b) Sections 239 and 240 of the Judicial
Code, as amended, shall apply to cases tinder
this part in the circuit courts of appeals and
in the Court of Claims of the United States
to the same extent as to cases in a circuit
court of appeals therein referred to.
COMPROMISE
SEC. 413. With a view tO doing substantial
justice, the Attorney General is authorized to
arbitrate, compromise, or settle any Claim
cognizable under this part, after the institu-
tion of any suit thereon, with the approval
of the court in which suit is pending.
PART 4?Pricarrslcass COMMON TO PART 2 AND
PART a
ONE-YEAR STATUTE OF LIMITATIONa
SEC. 420. Every claim against the United
States cognizable under this title shall be
forever barred, unless within one year after
such claim accrued or within one year after
the date of enactment of this Act, whichever
is later, is is presented in writing to the Fed-
eral agency out of whose activities It arises,
if such claim is for a sum not exceeding
$1,000; or unless within one year after such
claim accrued or within One year after the
date of enactment of this Act, whicheyer is
later, an action is begun pursuant to part 3
of this title. In the event that a claim for a
sum not exceeding $1,000 is presented to a
Federal agency as aforesaid, the time to in-
stitute a suit pursuant WY part 3 of thin title
shall be extended for a period of six months
from the date of mailing of notice to the
claimant by such Federal agency as to the
final disposition of the claim or from the date
of withdrawal of the claim from such Federal
agency pursuant to section 410 of this title,
if it would otherwise expire before the end
of such period.
EXCEPTION S
SEC. 421. The provisions of this title shall
not apply to?
(a) Any claim based upon an act or emis-
sion of an employee of the Government, ex-
ercising due care, in the execution of a stat-
ute or regulation, whether or not such stat-
ute or regulation be valid, or based_ upon
the exercise or performance or the failUre to
exercise or perform a discretionary function
or duty on the part of a Federal agency or
an employee of the Government, whether or
not the discretion Involved be abused.
(b) Any claim arising taut of the loss, mis-
carriage, or negligent transmission of letters
or postal matter.
(c) Any claim arising in respect of the
assessment or collection of any tax Or cus-
toms duty, or the detention of any goods or
meichandise by any officer Of customs or
excise or any other law-enforcement officer.
(d) Any claim for which a remedy is pro-
vided by the Act of March 9, 1920 (U.S.C.,
title 46, secs. 741-752, inclusive), or the Act
of March 3, 1925 (U.S.C., title 46, sees. '781-
79 inclusive), relating to claims or suits in
anili
( )raAltnyyagealafairmst tahreisiUnngiteedutSteaf nteas.
act or
omission of any employee of the Government
in 4dmintstering the provisions of the Trad-
inwith the Enemy Act, as amended.
tm
f) Any claim for damages caused by the
i offition or establishment of a quarantine
by the 'United States.
sel grewfrnmor injurypass
(g) Anythe
mearagreielici en
ve els, While passing through the locks of
ii;
passengers
the Panama Cabal or while in Canal Zone
waters.
siri.) Any claim arising out of assault, bat-
ter, false imprisonment, false arrest, mali-
cicius prosecution, abuse of process, libel,
slander, misrepresentation, deceit, or inter-
ference With contract rights.
(1) Any claim for damages caused by the
fis4al operations of the Treasury or by the
re lation of the monetary system.
j) Any claim arising out of the com-
batant activities of the military or naval
forces, or the Coast Guard, during rime of
was.
k) Any claim arising in a foreign country.
1) Any claim arising from the activities
of the Tennessee Valley Authority.
ATTORNEY'S FEES
Sec. 422. The court rendering a judgment
for the plaintiff` pursuant to part 3 of this
title, or the head of the Federal agency or
Me designee making an award pursuant to
part 2 of this title, or the Attorney General
making a disposition pursuant to section 413
'of this title, as the case may be, may, as a
part of the judgment, award, or settlement,
determine and allow reasonable attorney's
fees, which, if the recovery is $500 or Mere,
shall not exceed .10 per centum of the amount
reeovered under part 2, or 20 per centum of
the amount recovered under part 3. to be
paid Out of but not in addition to the amount
of judgment, award, or settlement recovered,
to the attorneys representing the claimant.
Any attorney who charges, demands, receives,
or collects for services rendered in connection
wrth such claim any amount in excess of that
allowed under this section, if recovery be
had, shall be guilty of a misdemeanor, and
shall, upon conviction thereof, be subject to
a fine of not more than $2,000 or imprison-
ment for not more than one year, or both.
EXCLUSIVENESS OF REMEDY
SEC. 423. From and after the date of en-
actment of this Act, the authority of any
Federal agency to sue and be sued in its own
ri4me shall not be construed to authorize
snits against such Federal agency on claims
ech are cognizable under part 3 of this
title, and the remedies provided by this title
in. such oases shall be exclusive.
CLITTAIN STATUTES INAPPLICABLY;
SEC. 424. (a) All provisions of law authoriz-
ing any Federal agency to consider, ascertain.
adjust, or determine claims on account of
damage to or loss of property, or on account
of personal injury or death, caused by the
negligent or wrongful act or omission of any
employee of the Government while acting
within the scope of his office or employment,
are hereby repealed in respect of claims
ciagnizable under part 2 of this title alui ac-
crating on and after January 1, 1945, includ-
ing, but without limitation, the provisions
granting such authorization now contained
in the following laws:
iPublic Law Numbered 375, Sixty-seventh
Congress, approved December 28, 1922 (42
Stat. 1066; U.S.C., title 31, Secs. 215-217).
;Public Law Numbered 267, Sixty-sixth
Congress, approved June 5, 1920 (41 Stat.
1054; U.S.C., title 33, sec. 853).
ratiblic Law Numbered 481, Severn y-fourth
Congress, approved March 20, 1936 (49 Stat.
11U4; U.S.C., title 81, see. 224b).
Iyublie Law Numbered 112, as itmensted,
Setenty-eighth Congress, approved July 3,
1943 (57 Stat. 372; use';, title 31, s ors. 223b,
22c, and 223d) .
Si ty-fifth Congress, approved July 1, 1918
(4 Stat. 705; U.S.C., title 34, sec. 600),
public Law Nuenbered 182, as tended,
Section 4 of Public Law Numbered 18,
SiSty-seventh Congress?._approved June 16,
19/1 (42 Stat. 63), as amended by Public Law
Nalmbered 456, Seventy-third Congress, ap-
pr ved June 22, 1934 (48 Stat. 1207; U.S.C.,
tite
1
b
)31,Nsoecth. Nothing )c.0
ntained herein shall be
deemed to repeal any provision of law all-
thfrizing any Federal agency to consider, as-
ceitain, adjust, settle, determine, era pay any
cialim on account of damage to Cr loss of
prOperty or on account of personal injury
or death, in cases in which such damage,
lo , injury, or death was not caused by any
ne ligent or wrongful act or omission of an
employee of the' Government while acting
wi hin the scope Of his office or employment,
or any other claim not oognizable under part
2 if this title.
TITLE V?GENERAL BRIDGE ACT
SNORT TITLE
EC. 501. This title May be cited as the
"General Bridge Act of 1946".
_
CONSENT OF CONGRESS
6C 502. (a) The consent of Congress is
helreby granted fen the construction, main-
tenance, and operation of bridges and ap-
proaches thereto over the navigable waters
of the -United States, in, accordance with the
prtivisions of this title.
Kb) The location and plans for such
bnidges shall be approved by the Chief of En-
gipesers and the Secretary of War before can-
sttuction is commenced, and, in reproving
t location and, plans of any hr dge, they
y impose any specifie conditions relating
toi the maintenance and operation of the
squcture which they may deem necessary in
the interest of public navigation and the
conditions so imposed shall have the force
oil laW.
(c) Notwithstanding the provisions of sub-
tions (a) and (b), it shall be unlawful to
ccnstruct or commence the construction of
any privately owned highway ton bridge
mdi the location and plans thereof shall
alto have been Submitted to and approved
list the highway department or deaartmenis
ofl the State or _States in which ihe bridge
and its approaches are situated; and where
eh bridge shall be between tarsi or more
Sates and the highway departmerte thereof
stall be unable to agree upon the location
a d plans therefor, or if they, or either of
tZm, shall fail or refuse to act upon the
1 ation and plans submitted, sue a location
a d plans then shall be submitted, to the
Pjiblie Roads Administration and, if ap-
p oved by the Public Reads Admi restration,
a proval by the highway departments shall
n t be required.
TOLLS
SEC. 503. If tolls shall be chargad for the
tijanait over any interstate bridge of engines,
c4rs. street cars, wagons, carriaget, vehicles,
a imals, toot passengers, or other passen-
g rs, such tolls shall be reasonabh and just,
d the Secretary of War may, at any time,
and from time to time, prescribe lame reason-
able rates of toll for such transit over such
bidge, and the rates so precsribel shall be
t e legal rates and shall be the rates de-
manded and received for such transit.
ACQUISITION BY PUBLIC AGEIY :IES
SEC. 501. After the eerepletion of any in-
terstate toll bridge constructed 113/ an indi-
vidual, firm, or corporation, as e etermhied
by the Secretary of War, either of the States
in which the bridge is located, or zny public
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agency or political subdivision of either of
such States, within or adjoining which any
part of such bridge is located, or any two or
more of them jointly, may at any time ac-
quire and take over all right, title, and in-
terest in such bridge and its approaches, and
any interest in real property for public pur-
poses by condemnation or expropriation. If
at any time after the expiration of five years
after the completion of such bridge the same
is acquired by condemnation or expropria-
tion, the amount of damages or compensa-
tion to be allowed shall not include good will,
going value, or prospective revenues or prof-
its, but shall be limited to the sum of (1)
the actual cost of constructing such bridge
and its approaches, less a reasonable deduc-
tion for actual depreciation in value; (2) the
actual costs of acquiring such interests in
real property; (3) actual financing and pro-
motion costs, not to exceed 10 per centum of
the sum of the cost of constructing the
bridge and its approaches and acquiring such
interests in real property; and (4) actual
expenditures for necessary improvements.
STATEMENTS OF COST
SEC. 505. Within ninety days after the com-
pletion of a privately owned interstate toll
bridge, the owner shall file with the Secretary
of War and with the highway departments
of the States in which the bridge is located,
a sworn itemized statement showing the ac-
tual original cost of constructing the bridge
and its approaches, the actual cost of acquir-
ing any interest in real property necessary
therefor, and the actual financing and pro-
motion costs. The Secretary of War may, and
upon request of a highway development shall,
at any time within three years after the com-
pletion of such bridge, investigate such costs
and determine the accuracy and the reason-
ableness of the costs alleged in the statement
of costs so filed, and shall make a finding of
the actual and reasonable costs of construct-
ing, financing, and promoting such bridge.
For the purpose of such investigation the
said individual, firm, or corporation, its suc-
cessors and assigns, shall make available all
of its records "in connection with the con-
struction, financing, and promotion thereof.
The findings of the Secretary of War as to
the reasonable costs of the construction,
financing, and promotion of the bridge shall
be conclusive for the purposes mentioned in
section 504 of this title subject only to review
in a court of equity for fraud or gross mis-
take.
SINKING FUND
SEC. 506. If tolls are charged for the use
of an interstate bridge constructed or' taken
over or acquired by a State or States or by
any municipality or other political subdivi-
sion or public agency thereof, under the pro-
visions of this title, the rates of toll shall be
so adjusted as to provide a fund sufficient to
pay for the reasonable cost of maintaining,
repairing, and operating the bridge and its
approaches under economical management,
and to provide a sinking fund sufficient to
amortize the amount paid therefor, includ-
ing reasonable interest and financing cost,
as soon as possible under reasonable charges,
but within a period of not to exceed twenty
years from the date of constructing or ac-
quiring the same. After a sinking fund suf-
ficient for such amortization shall have been
so provided, such bridge shall thereafter be
maintained and operated free of tolls. An
accurate record of the amount paid for ac-
quiring the bridge and its approaches, the
actual expenditures for maintaining, repair-
ing, and operating the same, and of the daily
tolls collected, shall be kept and shall be
available for the information of all persons
interested.
APPLICABILITY yr TITLE
SEC. 507. The provisions of this title shall
apply only to bridges over navigable waters
of the United States, the construction of
which is hereafter approved under the pro-
visions of this title; and the provisions of the
first proviso of section 9 of the Act of March 3,
1899 (30 Stat. 1151; U.S.C., title 33, sec. 401) ,
and the provisions of the Act entitled "An
Act to regulate the construction of bridges
over navigable waters", approved March 23,
1906, shall not apply to such bridges.
INTERNATIONAL BRIDGES
SEC. 508. This title shall not be construed
to authorize the construction of any bridge
which will connect the United States, or any
Territory or possession of the United States,
with any foreign country.
EMINENT DOMAIN
SEC. 509. There are hereby conferred upon
any individual, his heirs, legal representa-
tives, or assigns, any firm or corporation, its
successors or assigns, or any State, political
subdivision, or municipality authorized in
accordance witit the provisions of this title
to build a bridge between two or more States,
all such rights and powers to enter upon
lands and acquire, condemn, occupy, possess,
and use real estate and other property in the
respective States needed for the location,
construction, operation, and maintenance of
such bridge and its approaches, as are pos-
sessed by railroad corporations for railroad
purposes or by bridge corporations for bridge
purposes in the State in which such real es-
tate or other property is situated, upon mak-
ing just compensation therefor to be ascer-
tained and paid according to the laws of
such State, and the proceedings therefor shall
be the same as in the condemnation or ex-
propriation of property for public purposes
in such State.
PENALTIES
SEC. 510. Any person who fails or refuses to
comply with any lawful order of the Secre-
tary of War or the Chief of Engineers issued
under the provisions of this title, or who
fails to comply with any specific condition
Imposed by the Chief of Engineers and the
Secretary of War relating to the maintenance
and operation of bridges, or who refuses to
produce books, papers, or documents in obe-
dience to a subpena or other lawful require-
ment under this title, or who otherwise
violates any provisions of this title, shall,
upon conviction thereof, be punished by a
fine of not to exceed $5,000 or by imprison-
ment for not more than one year, or by both
such fine and imprisonment.
RIGHTS RESERVED
SEC. 511. The right to alter, amend, or re-
peal this title is hereby expressly reserved as
to any and all bridges which may be built
under authority hereof.
TITLE VI?COMPENSATION AND RETIRE-
MENT PAY OF MEMBERS OF CONGRESS
COMPENSATION OF MEMBERS OF CONGRESS
SEC. 601. (a) Effective on the day on which
the Eightieth Congress convenes, the com-
pensation of Senators, Representatives in
Congress, Delegates from the Territories, and
the Resident Commissioner from Puerto Rico
shall be at the rate of $12,500 per annum
each; and the compensation of the Speaker
of the House of Representatives and the Vice
President of the United States shall be at the
rate of $20,000 per annum each.
(b) Effective on the day on which the
Eightieth Congress convenes there shall be
paid to each Senator, Representative in Con-
gress, Delegate from the Territories, Resident
Commissioner from Puerto Rico, an expense
allowance of $2,500 per annum to assist in
defraying expenses relating to, or resulting
from the discharge of his official duties, for
which no tax liability shall incur, oraccount-
ing be made; such sum to be paid in equal
monthly installments.
(c) The sentence contained in the Legis-
lative Branch Appropriation Act, 1946, which
reads as follows: "There shall be paid to each
Representative and Delegate, and to the Res-
E 10101
ident Commissioner from Puerto Rico, after
January 2, 1945, an expense allowance of
$2,500 per annum to assist in defraying ex-
penses related to or resulting from the dis-
charge of his official duties, to be paid in
equal monthly installments.", is hereby re-
pealed, effective on the day on which the
Eightieth Congress reconvenes.
(d) The sentence contained in the Legis-
lative Branch Appropriation Act, 1947, which
reads as follows: "There shall be paid to each
Senator after January 1, 1946, an expense
allowance of $2,500 per annum to assist in
defraying expenses related to or resulting
from the discharge of his official duties, to be
paid in equal monthly installments.", is
hereby repealed, effective on the day on which
the Eightieth Congress convenes.
RETIREMENT PAY OF MEMBERS OF CONGRESS
SEC. 602. (a) Section 3(a) of the Civil
Service Retirement Act of May 29, 1930, as
amended, is amended by inserting after the
words "elective officers" the words "in the
executive branch of the Government".
(b) Such Act, as amended, is further
amended by adding after section 3 the fol-
lowing new section:
"SEC. 3A. Notwithstanding any other pro-
vision of this Act?
(1) This Act shall not apply to any Mem-
ber of Congress until he gives notice in writ?
-
ing, while serving as a Member of Congress,
to the disbursing officer by whom his salary
is paid of his desire to come within the pur-
view of this Act. Such notice may be given
by a Member of Congress within six'months
after the date of enactment of the Legisla-
tive Reorganization Act of 1946 or within six
months after any date on which he takes an
oath of office as a Member of Congress.
"(2) In the case of any Member of Con-
gress who gives notice of his desire to come
within the purview of this Act, the amount
required to be deposited for the purposes of
section 9 with respect to services rendered
after the date of enactment of the Legislative
Reorganization Act of 1946, shall be a sum
equal to 6 per centum of his basic salary,
pay, or compensation for such services, to-
gether with interest computed at the rate of
4 per centum per annum compounded on
December 31 of each year; and the amount
to be deducted and withheld from the basic
salary, pay, or compensation of each such
Member of Congress for the purposes of sec-
tion 10 shall be a sum equal to 6 per centum
of such basic salary, pay, or compensation.
"(3) No person shall be entitled to receive
an annuity as provided in this section until
he shall have become separated from the
service after having had at least six years
of service as a Member of Congress and have
attained the age of sixty-two years, except
that any such Member who shall have had at
least five years of service as a Member. of
Congress, may, subject to the provisions of
section 6 and of paragraph (4) of this sec-
tion, be retired for disability, irrespective of
age, and be paid an annuity computed in
accordance with paragraph (5) of this
section.
"(4) No Member of Congress shall be en-
titled to receive an annuity under this Act
unless there shall have been deducted and
withheld from his basic salary, pay, or com-
pensation for the last five years of his service
as a Member of Congress, or there shall have
been deposited under section 9 with respect
to such last five years of service, the amounts
specified in paragraph (2) of this section
with respect to so much of such five years of
service as was performed after the date of
enactment of the Legislative Reorganization
Act of 1946 and the amounts specified in
section 9 with respect to so much of such
five years of service as was performed prior
to such date.
"(5) Subject to the provisions of section 9
and of subsections (c) and (d) of section 4,
the annuity of a Member of Congress shall be
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E 10102 CONGRESSIONAL RECORD ? Extensions of
an amount equal to 2V2 per centum of his
average annual basic salary, pay, or com-
pensation as a Member of Congress multiplied
by his years of service as a Member of Con-
gress, but no such annuity shall exceed an
amount equal to three-fourths of the salary,
pay, or compensation that he is receiving
at the time he becomes separated from the
service.
"(6) In the case of a Member of Congress
who becomes separated from the service be-
fore he completes an aggregate of six years
of service as a Member of Congress, and who
Is not retired for disability, the total amount
deducted from his basic salary, pay, or com-
pensation as a Member of Congress, together
with interest at 4 per centum compounded as
of December 31 of each year shall be returned
to such Member of Congress. No such Mem-.
ber of Congress shall thereafter become eli-
gible to receive an annuity as provided in this
section unless the amounts so returned are
redeposited with interest at 4 per centum
compounded on December 31 of each year,
but interest shall not be required covering
any period of separation from the service.
"(7) If any person takes office as a Member
of Congress while receiving an annuity as
provided in this section, the payment of such
annuity shall be suspended during the
peliod for which he holds such office; but,
If he gives notice as provided in paragraph
(2) of this section, his service as a Member
of Congress during such period shall be
credited in determining the amount of his
subsequent annuity.
"(8) Nothing contained in this Act shall
be construed to prevent any person eligible
therefor from simultaneously receiving an
annuity computed in accordance with this
section and an annuity computed in accord-
ance with section 4, but in computing the
annuity under section 4 in the case of any
person who (A) has had at least six years'
service as a Member of Congress, and (B) has
served as a Member of Congress at any time
after the date of enactment of the Legie-
lative Reorganization Act of 1946, servim
as a Member of Congress shall not be
credited.
"(9) No provielon of this or any other
Act relating to automatic separation froth
the service shall be applicable to any Mem-
ber of Congress.
"(10) As used in this secticn, the term
'Member of Congress' means a Senator,
Representative in Congress, Delegate from a
Territory, or the Resident Commissioner
from Puerto Rico; and the term 'service as
a Member of Congress' shall include the pe-
riod from the date of the beginning of the
term for which a Member of Congress is
elected or appointed to the date on which
he takes office a such a Member."
Approved August 2, 1946.
ORGANIZATION AND OPERATION OF CONGRESS
(U.S. Congress, Senate: Hearings Before the
Committee on Expenditures in the Execu-
tive Departments an Evaluation of the
Effects of Laws Enacted to Reorganize the
Legislative Branch of the Government)
REPORTS AND ARTICLES
OPERATION OF LEGISLATIVE REORGANIZATION
ACT OF 1946
(By George B. GalloWay, Senior Specialist In
American Government, Legislative Refer-
ence Service. Library of Congress)
One of the responsibilities of the Commit-
tees on Expenditures in the Executive De-
partments of the Senate and House of Rep-
resentatives is to "evaluate the effects of leen
enacted to reorganize the legislative and
executive branches of the Government," In
the exercise of part of this responsibility the
Senate Committee on Expenditures in the
Executive Departments held hearings during
February 1948, on the operation of the Legis-
lative Reorganization Act of 1946. Three
years have now passed since those hearings
were held and, altogether, Congress has had
4 years experience with the workings of this
law. It is timely, therefore, to undertake a
fresh review of the operation of the so-called
La Follette-Monroney Act in terms of its own
objectives, and to consider whether or not, in
the light of this experience, the act needs to
be amended and strengthened.
OBJECTIVES OF THE ACT
As conceived and formulated by the Joint
Committee on the Organization of Congress,
and as enacted by the Seventy-ninth Con-
gress with some significant omissions, the
Legislative Reorganization Act of 1946 had
the following objectives:
1. To streamline and simplify congressional
committee structure.
2. To eliminate the use of special or select
committees.
3. To clarify committee duties and reduce
jurisdictional disputes.
4. To regularize and publicize committee
procedures.
5. To improve congressional staff aids.
6. To reduce the workload on Congress.
7. To strengthen legislative oversight of
administration.
8. To reinforce the power of the purse.
9. TO regulate lobbying.
10. To increase the compensation of Mem-
bers of Congress and provide them retire-
ment pay.
COM narrrcz STRUCTURE
Modernization of the standing committee
system was the first objective of the act and
the keystone in the arch of congressional re-
form. By dropping minor, inactive commit-
tees and by merging those with related func-
tions, the total number of standing commit-
tees was reduced by the act from 33 to 15
in the Senate and from 48 to 19 hi the
House of Representatives. This reform has
now survived 4 years and two Congresses?
one controlled by the Republicans -and one
controlled by the Democrats ?without
change or successful challenge. Senators Hol-
land and Wherry offered a resolution (S.
Res. 58) on February 7, 1949, to create a
standing Senate Committee on Small Busi-
ness which was favorably reported by the
Committee on Rules and Administration on
June 29, 1949. But after extended debate the
Senate, by a 2-to-1 vote, decided to create a
select committee to investigate small-busi-
ness problems. Thus the reorganized stand-
ing cemmittee system seems to have won
Congressional acceptance for the time
being.
Under the old system the standing com-
mittees of the House ranged in size from 2
to 12 members and averaged 19 members
each. efnder the act, 15 out of the 19 House
committees had 25 or 27 members each in the
Eighty-first Congress and the average size
was 25 members. Rules, with 12 members,
and Un-American Activities, with 0 members,
remain unchanged in size. Appropriations
now has 50 members, compared With 42 be-
fore, and Armed Services has 35, compared
with a combined membership of 61 on the
old Military and Naval Affairs Committee.
Before the act the standing committees of
the Senate ranged in size from 3 to 25 mem-
bers and averaged 15 members each. Under
the act all the Senate standing committees
have 13 members, except Appropriations
which has 21, as compared with 25 before.
Before the act, every Senator was entitled
to serve on three major committees and two
minor committees. Some had up to 10 com-
mittee assignments each. There was conflict
In committee meetings, duplications in com-
mittee jurisdiction, and inefficient distribu-
tion of the legislative work load ainong Coln-
mitteet. Under the act, no Senator may serve
on mote than two standing Committees ex-
cept that majority party Senators may also
serve on the District of Columbia and Ifilx-
penditieres committees. With minor excep-
Rentarks November 26, 1969
tions, each House Menaber now serves on only
one *tending committee instead of from
three to five, as many "Members did in
the past. The rule limiting Minority Senators
to twb committees each has had the effect,
with e change in party control of thetenate,
of requiring minoriterSenators to testae), from
one ef their three' former committees in
cases where they had served on the District
of Co usable and Exi*ndittires commit iees in
acklit on to two national committees. The re-
sult as to deprive these Second-08AF corn-
mate s during the Eightyefirst Congress of
the c ntinued service of experienced mem-
bers ke Senators Aileen ancl Ferguson who.
being limited to tale cominittees, felt that
they wed it to their conatituents to elect
to ser e on two national cOltunittees.
To tneet this sittiation, Senator Taft in-
trodu ecl a reisolutioh (S. "nes. 24) on Jan-
uary 10, 1949, propoaVtig to increase m
the em-
bersh p of 8 Senate:committees from 13 to
15 m bers each; to permit 8 ral"noriti Sen-
ators Ito serve on three standing commit-
tees ch; and to permit Majority Senators
to hate a third coranitteelassignment upon
any o e of five specified minor cometattees.
Sena Resolution 24 was referred io the
Conanattee on Rules and Administration
whicit took no a,ctiodi upon it. In its 'aehalf
Senator Taft argued that (a) in Many cases
a corr mittee of 13 members is too small to
handle its work load, and (b) nee Sen-
ators are deprived of inaptirtant coffienittee
assignments under .the two-committee-as-
signnient rule because older Senators 3.11 up
the liinited Member of seats on the more at-
tractiee committees and leave only the sec-
ond-clase teominitteele open for the free hman
Senatirs. Opponents' argued that to differ-
entia between the size of the standing
committees of the Senate would be to create
a sysliem of major Mid minor committees;
thate proposed change Would break down
the t o-committee-WignMent rule eaui in-
creasej the work load and responsibilities
of Senators in unrdated legislative: fields;
and lacrease absenteeism in the Sem te
Many of the old tending committees of
Congness were minor; inactive committeee?
"ornainenta,1 barnacle% on the ship of state"
in Aletin Fuller's phrase -hang-overs of lively
legislattive 'sates long since settled. Under
the new scheme all the standing commit-
tees in both Houses are major cointaittees,
assigned Important 'duties: although some
Members still refer tO the District of Colum-
bia and Expenditure Committees as "ietoond-
classel an inappropriate appellation to apply
to th Expenditure Committees whict were
rejuvenated by the tat and given weighty
respor sibilitiee in the machinery of govern-
ment ield.
It is often said and perhaps widely be-
lieved that the reduetion from 81 to 34 in
the number of seending committees of Con-
gress affected by the act has been offect by
the cr aation of a rash of subcom.mittetie The
fact is as the recordaThhow,Iliat the number
of standing subcommittees has not chenged
since 1945. In that year Congress had. 131
standing suboommittees: 34 in the Senate
and 9`e in the HouseeIn 1950 there were 131
standing subeommittees: eke in the Senate
and 61 in the House. During the Eight-first
Congr ss six House committees and foui Sen-
ate co4nmlttees had no standing subeet unit-
tees al all. Special sti a
hcomreittees are set up
from me to time in both Houses to handle
indivi uals bills and their number fluctu-
ates f m week to week, making coincou isons
mislealling. The tendency has been, since the
act, fcir standing subcommittees to replace
special suboommitte(ei for individual tells.
affording commitmeetnen arid their stars an
opportnnity to become specialists in corre-
lated fields of legislation.
Soma Congressmen are critical of sub-
oomm tees, believing that the entire mem-
berthi of a commattee should handle /nat-
ters referred to it, Others believe that sub-
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divisions are necessary for the preliminary
sttidy of complex matters and are an in-
escaPable feature of the heavy duties now
impased upon the consolidated committees
of Congress. The advantages that flow from
the division of ,labor and specialization of
funotion will probably lead most congres-
sional committees to continue to subdivide
their Work, and to rely on consideration at
the full committee stage for coordination and
the overall view.
In the form in which it passed the Senate,
the act prohibited special committees. Al-
though this provision was stricken in the
House, the spirit of the act clearly frownS
on the creation of special committees. The
La Follette-Monroney committee had recom-
mended that the practice of creating special
investigating committees be abandoned on
the ground that they lack legislative author-
ity and that the jurisdiction of the new
standing committees would be so comprehen-
sively defined in the reformed rules as to
cover every conceivable subject of legisla-
tion. Thus, to set up a special committee
would be to treSpass upon the assigned juris-
diction of some standing committee. In prac-
tice, special committees have not been
abandoned, but their number has dimin-
ished. In the Seventy-ninth Congress, before
the act, there were 18 of them: 6 in the
House, 9 in the Senate, and 3 joint select
committees. In the Eightieth Congress there
were 12 special committees: 6 in the House,
3 in the Senate, and 3 joint ones. Nine special
committees were created during the Eighty-
first Congress: 6 in the House on small busi-
ness, lobbying, use of chemicals, campaign
expenditures, veterans education, and the
roof and skylights; and 3 in the Senate on
small businesS, organized crime, and roof
and skylights. They had a combined mem-
bership of 66 in 1950. The Senate has com-
plied more closely than the House with the
spirit of the prohibition. During the Eightieth
Congress the Senate converted its old Special
Committee To Investigate the National De-
fense Program into a standing subcommittee
of the Committee on Expenditures in the
Executive Departments, and its Special Small
Business Committee into a standing Sub-
committee on Banking and Currency. But in
1950 the Senate revived its Select Committee
on Small Business in response to the persis-
tent efforts of Senators Murray and Wherry
who maintained that small-business prob-
lem's cut across the jurisdiction of many of
the standing committees of the Senate and
who wanted a forum for their activities
in this field. In the House special committees
on small business and campaign expendi-
tures are hardy biennials.
Although the Senate version of the act
sought to stimulate joint action between the
twin committees of the two Houses, thiS op-
tional provision was struck on the House
side; so the act made no change in the joint
committee structure of Congress except to
make the long-standing Joint Committees
on Printing and the Library in effect joint
subcommittees of the two administration
committees of the House and Senate. How-
ever, the creation of roughly parallel com-
mittee systems in the two Chambers, with
similar nomenclature and jurisdictions,, has
tended to facilitate joint action on measures
of mutual interest by means of joint hearings
and staff collaboration. In recent years sev-
eral successful joint hearings have been held
by twin committees or subcommittees on
the reorganization of the government of the
DiStrict of Columbia, the budget require-
ments of the District government, on foreign
economic cooperation and military aid, and
on public housing. There has also been a good
deal of collaboration between the professional
staffs of corresponding committees in the way
of exchanging information, memorandums,
etc., but few instances of joint research or
cooperation in the preparation of committee
reports
The Foreign Affairs Committees have oc-
casionally met together since the war to
hear reports and statements by the Secre-
tary of State, saving him the loss of time
in a duplicate appearance, and have then
considered and reported their conclusions
separately to the two Houses. Despite the
evident advantages of joint action, it is op-
posed by some Senators as an impairment
of their "appellate jurisdiction," and by some
Representatives who are jealous of their own
independence and prerogatives. Critics of
joint hearings doubt if they save much time
and suggest that they raise questions of
protocol about such simple things as the
seating of Congressmen around the table
and precedence in interrogation. Other al-
leged deterrents to joint action are the dif-
ferent time tables of House and Senate, sur-
viving jurisdictional differences between the
parallel committees, and differing perspec-
tives, interests, and modes of operation
among the Members.
Despite these objections, the number of
Joint standing committees in Congress has
doubled since 1946. In the Seventy-ninth
Congress there were four standing and
three select joint committees; in the
Eightieth Congress there were seven stand-
ing and four select joint committees; and
in the Eighty-first Congress there were eight
joint standing committees. The new Joint
Committees on the Economic Report, on
Atomic Energy, and on Foreign Economic
Cooperation were appointed during the
Eightieth Congress; and the new Joint Com-
mittee on Defense Production was estab-
lished by the Defense Production Act of
1950. The Joint Committee on the Library
dates back to 1806 and the Joint Committee
on Printing to 1846. The Joint Committee
on Internal Revenue Taxation was created in
1926 and the Joint Committee on Reduction
of Nonessential Federal Expenditures (the
Byrd committee) in 1941. On February 24,
1950, Senator Humphrey introduced a bill
(S. 3116) to abolish the Byrd committee be-
cause, he said, it was duplicating the work
of the Expenditures Committees and was a
waste of money. This move stirred up a hor-
nets' nest in the Senate and the Byrd commit-
mittee is still extant. Eighty-two Members of
Congress were serving on its joint committees
at the end of 1950, exclusive of the insignifi-
cant Select Committee on the Disposition
of Executive Papers?the so-called waste-
basket committee. Both Houses are always
equally represented on the joint committees
which, therefore, always have an even num-
ber of members. The most important and
successful of the existing joint congressional
committees are those of the Economic Report,
which has four active subcommittees, and on
Atomic Energy which alone among the joint
committees has legislative authority.
The act also called for joint action on the
part of the revenue and, spending commit-
tees of both Houses in the formulation of a
"legislative budget." But this provision,
which I shall discuss more fully below, has
miscarried.
COMMITTEE OPERATION
Consolidation of the standing committees
and definition of their duties in the rules?
an innovation in the Senate?have reduced
but not eliminated jurisdictional disputes
over the reference of bills. Although House
bills are occasionally reref erred by unani-
mous consent, open conflicts between com-
mittees in the lower Chamber have almost
disappeared. But several jurisdictional ques-
tions have arisen in the Senate since 1946.
Bills dealing with the complex economic and
social problems of the modern world some-
times cut across the defined jurisdictions of
two or more standing committees. Intricate
legislation designed to solve the problems of
an interdependent economy cannot always
be reduced to -the clear-cut lines of a blue-
print of committee duties;
During the Eightieth Congress, for ex-
ample. Senate committees argued over the
reference of the portal-to-portal bill, the bill
proposing unification of the Armed Forces,
autos for disabled veterans, an interstate oil
compact, and over the interstate water rights
on the Colorado River. Senator Taft ques-
tioned the conflicting jurisdiction of the Fi-
nance and Labor Committees an the subject
of veterans' affairs whioh, he thought, ought
to be "all in one committee." During the
Eighty-first Congress Senate committees
quarreled over jurisdiction over small-busi-
ness problems, the reference of Reorganiza-
tion Plan No. 8 relating to the Department
of Defense, and the reference of the foreign
military assistance bill. The reference of this
bill was settled by the unique device of send-
ing it for joint study and report to the com-
bined Committees on Armed Services and
Foreign Relations--an arrangement which
worked quite well. Most of the bills imple-
menting the recommendations of the Hoover
Commission were referred in both Houses to
the Committees on Expenditures in the Exec-
utive Department, despite the possibility
of conflict implicit in the combination of
provisions for both policy and structural
changes in some of these measures.
Evidently the language of the act still
leaves room for jurisdictional disputes as
Senator Vandenberg pointed out in his ruling
on the reference of the Armed Forces unifi-
cation bill. The fact is that jurisdiction over
the various aspects of several subject-matter
fields is split among many standing commit-
tees in both Houses of Congress. The Com-
mittees on Foreign Affairs, Appropriations,
Armed Forces, Expenditures, and Foreign
Commerce are concerned with various phases
of our foreign relations. National defense pol-
icies and expenditures are reviewed in piece-
meal fashion by several committees in both
Houses. At least two-thirds of the 15 stand-
ing committees of the Senate regularly touch
upon some aspect of the .security problem.
Jurisdiction over our international economic
relations is likewise widely scattered. The fis-
cal machinery of Congress is also splintered
and fragmented. Control over major water re-
source programs is split in both Houses be-
tween the Public Lands and Public Works
Committees. Several discrepancies in the jur-
isdiction of parallel committees remain to be
rectified.
Several remedies for these jurisdictional
problems have been proposed. This includes
the reference of bills, in cases of conflict, to
the claimant committees concurrently, con-
secutively, jointly, or to a joint subcommit-
tee of the interested committees as was done
in the case of the House Select Committee
on Foreign Aid (the Herter committee) in
the Eightieth Congress. Another suggestion
calls for the creation of Senate and House
leadership committees in fields like national
defense and foreign relations composed of
members drawn from all committees whose
jurisdiction covers some fragment of the
field. Cross-membership among committees
in overlapping areas is another solution. More
joint hearings and joint action by committees
with common interests, following the ex-
ample of the Armed Services and Foreign
Relations Committees on the military de-
fense assistance program, is also advocated.
Some favor further use of joint standing com-
mittees. In any event, a thorough study of
existing committee duties and a redistribu-
tion of jurisdictions along more rational lines
seem to be clearly called for.
Under section 133 of the act, committee
procedure has been regularized as regards
periodic meeting days, the keeping of com-
mittee records, the reporting of approved
measures, the presence of a majority of com-
mitteemen as a condition of committee ac-
tion, and the conduct of hearings. In prac-
tice, 13 Senate committees and 9 House com-
mittees have fixed regular weekly or bi-
weekly meeting days; the other. 12 meet upon
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E 10104 CONGRESSIONAL
the call of their chairmen. 1 assume that
most committees keep fairly full minutes of
their meetings. There may have been some
Infractions of the rule requiring the presence
of a majority for committee reports, because
many committees have experienced difficulty
in securing the attendance of a majority or
even a quorum of their members, both at
executive sessions and at open hearings. Un-
der this rule, proxy voting is permissible
only after a majority are actually present. It
is a common and discouraging experience on
Capitol Hill for invited witnesses, who have
worked hard and long on the preparation of
their testimony, to appear before committees
and find only one or a few members present.
The requirement for the advance filing of
written statements of their testimony is ob-
served by some committees and ignored by
Others. Hearings are sometimes called on too
short notice for witnesses to file advance
copies of their statements. Most committees
have held open hearings except the House
Committee on Appropriations which has
availed itself of the allowed option of holding
its hearings in camera. Committee offices, staff
personnel, and records are now kept separate
and distinct from those of committee chair-
men.
In accordance with section 134 (b) of the
act, semiannual reports of all standing and
select committee staff personnel and pay-
rolls are made and published in the Con-
gressional Record in January and July. Use-
ful information on the staffing of congres-
sional committees is thus made public. This
provision has been interpreted, however, as
not applying to joint committees or party
policy committees. In practice, the prohibi-
tion against standing committee meet-
ings being held while the Senate or
House is in session has been so frequently
waived, by special leave, especially In the
upper House, as to be ineffective in promot-
ing that full attendance on the floor which
was its primary purpose. On several occa-
sions in recent years Senators have criticized
granting leave to committees to sit while
the Senate was in session, but have not been
so discourteous as to refuse unanimous-con-
sent requests to 'Ulla- end.
Regarding conference committees, the act
restated the old rule that the authority of
a conference committee is limited to matters
which are in disagreement between the two
houses, while recognizing their right to re-
port a substitute on the seem subject mat-
ter. No points of order against conference
reports under this rule have been sustained
In recent years. After an intensive study of
56 conference committees from the Seven-
tieth to Eightieth Congresses, inclusive. Gil-
bert Steiner concludes that the influence of
the House outweighed that of the Senate in
57 percent of the cases. A recent example
of the triumph of Senate conferees, how-
ever, was seen in the conference report on
the Executive Reorganization Act of 1949.
Three matters were in dispute between the
conferees on this bill: (1) the duration of
the grant of reorganization power to the
President; (2) the exemption of specified
agencies from the scope of the act; and (3)
the legislative veto procedure: one- or two-
House veto of the reorganization plans. After
this bill had been deadlocked in conference
for 1 month, the House conferees finally
yielded on each of these three issues. They
limited the operation of the act to 4 years;
they eliminated the agency exemptions
sought by the House; and they accepted the
one-House veto procedure favored by the
Senate.
On September 15, 1950, the Senate agreed
to a concurrent resolution (S. Con. Res. 79)
providing that every conference report shall
be accompanied by a statement explaining
the effect of the action agreed on by the
conference committee. The House of Rep-
resentatives adopted a similar rule on Pebru-
RECORD ? Extensions of Reinarks
ary 27, 1880 (Rule XXVIII-lb). The Army
civil functions appropriation bill for fiscal
1950 was in conference from June 1 to Oc-
tober' 3,1949?a period longer than any with-
in the memory of living Members. Accord-
ing to Representative Cannon, "the delay
was due to the unanimous objection of the
managers on the part of the House to agree-
ing to exorbitant and unwarranted expendi-
ture of public funds proposed by the other
body." One man's opinion of the power of
conferees was reflected in a satirical speech
by Senator Fuibright who congratulated the
conferees on the national defense appropria-
tion bill "for so forthrightly disregarding the
wishes of the common lay Members of the
Senate and the House."
"I submit, Mr. President," he said, "in
all sincerity that there is no need whatever
for the ordinary, lay Member of Congress to
come back to Washington for a special ses-
sion. It is clearly evident, Mr. President, that
to save the world and the people of this
country from disaster, all that is needed Is
to reconvene, preferably in secret, only those
incornparable sages, the conferees of the Ap-
propriations Committee. From their delib-
erations the same results would be achieved
and without the expense and trouble to
ever/one that is involved in going through
the archaic ritual of pretended legislation.
It is quite clear that regardless of what the
cominon Members of this body may wish,
the Conferees make the decisions."
Party ratios on the standing Senate com-
mittees have traditionally corresponded with
the Party division in the Senate. In accord-
ance with this principle, during the Eightieth
Congress there were 11 committees with a
7-6 ratio and three committees with an 8-5
ratio. Appropriations, with 21 members, was
divided 12-9. In the Eighty-first Congress
there were 6 of the 7-6 committees and 8 of
the 8-5 committees, reflecting the shift in
the party ratio in the whole body from
51-43 in 1947-48 to 54-42 In 1949-50.
Appropriations was divided 13 to 8. In the
Eighty-second Congress the party ratio is
7-6 cm 14 of the Senate standing comnitttees
and 11-10 on Appropriations. It is a matter
of voluntary discretion with the majority
leadership to decide which shall be the 7-6
committees and which shall be divided 8-5.
When the Democrats announced their de-
cision on January 5, 1949, as to the party
ratios which would obtain on the
Senate standing committees during the
Eighty-first Congress, Senator Vandenberg
sharply protested the change in the ratio on
Foreign Relations from 7-6 to 8-5. He re-
garded as a departure from the spirit of bi-
partisan cooperation in foreign affairs and as
Implying that Republican Senators are not
quite trustworthy. Senator Barkley defended
this change as justified by the shift in the
political complexion of the Senate and as
entirely free from partisan motivation. Four
Democrats had lost seats on Foreign Rela-
tions in 1947 as a result of the Reorganiza-
tion Act. But no Senator was being removed
from the committee in 1949 because of the
change in ratio. (Hatch and Barkley retired
from the Senate; Wagner asked to be trans-
ferred to Judiciary.)
A Majority of one on the 7-6 committees
is a rather thin one on controversial issues.
The question has been raised whether some
change should be made to permit the major-
ity party to exercise stronger committee
control. It is argued that the ratio should be
higher because a single defection can upset
majority control.
Party ratios on the standing committees of
the House of Representatives are determined
by agreement between the majority and
minority leaders. Ways and Means is present-
ly fixed at 15-10; Rules at 8-4. On the other
House committees the ratio corresponds
roughly, but not with mathematical preci-
sion, to the party division in the Chamber.
November 26, 1969
PARTY POLICY COMMITTEES
Party policy comMittees were set 113 in the
Sen4te to 1947 to plan the legislative pro-
grain., coordinate and guide committee activ-
ity, focus party leadership and str sngthen
party responsibility aid accountabil: ty. The
ores ,ion of such phlicy committees in both
Howe was originally recommended by the
Joirilt Committee on the Organization of Con-
gres4, and in the Heller Report on Strength-
ening the Congress, and approved by the
Senate in passing the legislative reorganiza-
tion, bill. This prOvision, was lost in the
Houte, but restored for the Senate in the
forrit of an item in the Legislative Branch
App opriaticin Act. 'Additional funds are ob-
tained from the appropriation for clerical as-
sistance to the Milority and Minority Con-
ferences,
Both Senate party' policy committees have
nowlbeen operating actively for 4 years. They
mee regulatily each week while Cot grass is
in stssien. During the Eighty-first Congress
the iDemocratic Policy Committee had six
regular members: 'Lucas (chairman), Tyd-
ingsRilesell, O'Malioney, Green, and Hill;
and two advisory raembers: McMahon (con-
fere ce secretary) and Myers (party ei hip) . It
had a staff of twe lawyers, one legislative
anaist, and three erks. Idea,nwhile, the Re-
publican Polley Corrimittee had 11 m smbers:
Taf (cheirnian), Viillikin (conference chair-
man), Young (conference _secretary), Wherry
(flodr leader), Seltonstall (party whip),
Bridges, Cordon, Hitkenlooper, Ives, Margaret
Smieh, end Vandenberg. It had a staff of 12
emp.oyees, Including a staff directoo seven
researchers, three olerks, and one secretary.
Republican policy committeemen are
elected by their party conference foe 2-year
terms and are linnted to two consecutive
teri4s. Democratic policy committeemen are
app nted. for an Indefinite term by the party
lead r On authority of the party conference.
W th the -aid or their staffs, the Senate
Poli y CCenenittees lave performed a variety
of ueftU functionETheylaave eurveved leg-
Isla on pending 'Wore the standir.g corn-
mittiees and on the Senate calendar and,
when in. the majority, have scheduled busi-
ness for floor consideration. They have met
with the chairmen' of standing committees
to oordinates corninittee work. They have
hemp. individual Senators present their views
on Matters of peritnal and party interest
and ' have tried to reconcile divergent views
within the party on legialative questions so
as tt achieve party ,unity. They have consid-
ered and reennimended With regard so Pres-
idential nominations of national and party
imprtance, advised on the institution of
cert in cornenittea investigations, consid-
ered questions of parliarnentary procedure,
reco mended the *ailing_ of party confer-
ences, and prepared bread staterasnts of
part policy. On oceeasion, the Senate Repub.
n
limn Policy Committee has met with its
counterpart committee in the House. During
the early months of the Eightieth Congress
it employed a persOnnel adviser to assist the
comsnittees and members of the Senate with
theht staffing probleins.
Aa devices for coerdinating legislat,ve pol-
icy Making and strengthening party leader-
ship' the Senate policy committees have
thus, far failed to achieve their tun petential.
As Istruments for promoting more effective
liais n and cooperation with the President,
they have also been a disappointment, due in
part to the lack of similar party policy com-
mit es in the House of Represer halves.
The limited achievements to date can
be tributed, I steoest, to their composi-
tion, to the fragmentation, of power in Con-
gresa, and to the- deep internal divisions
with n both of our major political parties.
They are not composed of the chairmen of
the standing committees, as was originally
contemplated.
The parties in the House have continued
theirl informal steering committees which are
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November 26, 1969 CONGRESSIONAL RECORD ? Extensions of Remarks E 10105
the reorganized standing committees of both
Houses, of which some use was made.
After 4 years' experience, the quality of the
professional staffs appears mixed. About half
of the standing committees are staffed with
well-trained and competent experts in their
subject fields. Their handiwork is reflected in
the improved performance of their commit-
tees, in more adequate records, better hear-
ings and reports, more effective liaison be-
tween their committees and the correspond-
ing administrative agencies, and general
improvement in efficiency. Many committees
have carried out the intent of the act in
the appointment and retention of qualified
people. At the opening of the Eighty-first
Congress, with the change in party control
of both Houses, there was a turnover of
one-third among the professional staffs of
the standing committees, but two-thirds of
them were retained from the Eightieth Con-
gress, despite Senator McGrath's remark that
it might be necessary to find some Demo-
cratic experts. After an intensive study of
committee staffing, Professor Gladys Kam-
merer concluded in 1949: That not all
Members of Congress know how to use staff;
that some Members use staff data to sup-
port preconceived ideas or party dictates;
that some professional staff people feel frus-
trated by the. subordination of facts to polit-
ical exigencies and sectional prejudices, and
by the occasional inactivity of their com-
mittees; that political considerations are
often paramount in staffing; that systematic
personnel arrangments are still lacking in
committee staffing; and that there is room
for improvement both in the quality of pro-
fessional staff and in the processes of re-
cruitment and selection.
According to Ernest Griffith's evaluation of
committee staffing, "some committees have
survived changes in party control without
impairment, largely in instances in which
party considerations did not influence the
original appointments. In other instances a
reasonable stability has been secured by the
division of appointments between the parties.
roughly comparable to the Senate policy
committees, but have no staffs. The Repub-
lican steering committer, now called the
House Republican pqlicy committee, is pres-
ently composed of 21 members elected bi-
ennially: The floor leader (chairman),
chairman of the party conference, secretary
of the conference, party whip, chairman of
the congressional committee, three chosen
by the committee on committees, and 13
others selected on a geographical basis. This
is an advisory committee to the Republican
leadership and membership, and meets prior
to any important action on the floor, dis-
cusses these issues with committee members
handling the bills, and reports its sugges-
tions for action and policy to a party confer-
ence or through the whip organization. No
major issue affecting national party policy
shall be brought to the floor of the House
with the consent of the Republican leader-
ship until after a party conference has been
held and the subject fully discussed. No Re-
publican Member of Congress is bound by
the decisions of the policy committee, but its
suggestions are designed to guide the Mem-
bers to a firmer national policy.
The Democratic steering committee in the
House is composed at present of the Speaker,
the majority floor leader, chairman of the
party caucus, party whip, the chairmen of
Ways and Means, Appropriations, and Rules,
and 1 Representative from each of the 15
zones into which the country is divided for
party purposes, each such Representative
being elected by the Democratic delegation
in the House from the zone. The steering
committee is, in effect, the executive com-
mittee of the caucus. It has the continuing
responsibility of watching legislative devel-
opments and making decisions from day to
day with respect to party action. In per-
forming this function, it exercises wide dis-
cretionary powers.
ical scientists. Fifteen senior specialists have
been appointed in a dozen different subject
fields. Several of them have been detailed
to the professional staffs of congressional
committees for varying periods and five of
them (Elliott, Galloway, Graves, Kreps, Wil-
cox) have served as staff directors of such
committees. Several new types of service have
been inaugurated in recent years, including
the public affairs abstracts and bulletins,
digests of committee hearings, and special
studies for committees of Congress. Under
the able guidance of Dr. Ernest S. Griffith,
its director, there has been a steady upward
trend in the congressional use of the Service
over the past decade.
In the professional staffing of the standing
committees the act marked a real innovation.
Section 202 authorized each standing com-
mittee (other than the Appropriations Com-
mittees on which no staff ceiling was placed)
to appoint "not more than four professional
staff members * * * on a permanent basis
without regard to political affiliations and
solely on the basis of fitness to perform the
duties of the office." In 1946, before this sec-
tion became effective, Senate and House com-
mittees employed 356 clerks at a total annual
payroll of $978,760. Few of them were pro-
fessionals, with the exception of the staffs
of the Appropriations Committees and the
Joint Committee on Internal Revenue Taxa-
tion and a few others. During 1950, after the
act had been in effect 4 years the com-
mittees of Congress, standing, special, and
joint, had a combined staff of 673 persons and
a total payroll of more than $3,000,000. Two
hundred and eighty-six of them were classi-
fied as professionals. Ninety-eight were em-
ployed by House committees, 135 by Senate
committees, and 53 by joint committees. Ten
House and all 15 Senate standing committees
had their full quota of 4 or more professional
staff members. Five House committees and
11 Senate committees had received authority
to expand their professional staffs beyond
the figure (4) fixed in the act. Thus, the
House Expenditures Committee with its sub-
committees had a combined professional staff Other have been partisan. Lawyers and
of 20 persons in 1950, while the Senate Judici- journalists have been employed in consider-
ary Committee had 19 experts. Meanwhile, able numbers, economists and subject spe-
the House Appropriations Committee had 14 cialists perhaps somewhat less so than would
professionals, 18 clerks, and 42 special inves- have been anticipated, a few have been ob-
tigators on its payrolls; and the Senate Ap- tamed on loan from the Legislative Refer-
propriations Committee had 12 professionals once Service, and this has resulted in almost
and 6 clerks. Joint committee professional perfect integration of the two agencies in
staffs ranged from 1 on the Byrd committee those cases in which this took place."
to 17 on Internal Revenue Taxation. In the absence of a personnel director, no
A survey of the professional staffs of con- one is centrally situated where he can evalu-
gressional committees, made in 1969 showed ate all the professional committee staffs. But
that 43 percent of them were lawyers, 43 per- committee staffing appears to be still in
cent had formerly been employed in the transition from the old patronage system to
executive branch of the National Govern- a modern merit system. Congress is handi-
ment, 68 percent had previous congressional capped by the lack of a modern system of
experience, and 81 percent were college grad- personnel administration. If it needed a
uates. Lawyers constituted the largest single Congressional Personnel Office in 1945, as the
occupational group, with a scattering of LaFollette-MonroneY committee said, it
economists, political scientists, and en- more than ever today to help Members and
gineers. Their basic annual compensation committees with their staffing problems, to
ranges from $5,000 to $8,000 which grosses secure the selection of qualified personnel,
$7,775 to $10,846. About half of them receive and to develop safeguards of tenure. Experi-
the maximum salary. ence has also shown that the limit on the
The authors of the Legislative Reorga- number of professionals imposed by the act
nization Act recommended creation of an is too low and should be lifted, that there
Office of Personnel Director for the Congress has been little coordination of staff work
who would develop a modern personnel aye- between the twin committees of the two
tem for all its employees and abolish the Houses, that larger staffs are needed to assist
n was the more active committees with their
STAFFING OF CONGRESS
More and better staff aids for Members and
committees of Congress was a major objec-
tive of the act. And much progress in the
staffing of Congress has been achieved. Most
Senators have appointed administrative as-
sistants at $10,000 a year who are helping
them in many 'ways. Four of them are Sen-
ators' sons and many were formerly sena-
torial secretaries. A similar provision for Con-
gressmen was lost in the House, but mean-
while the clerk-hire allowance of each Repre-
sentative has been raised to $12,500 a year.
Established in 1919 to draft bills for Members
and committees of Congress, the staff of
the Office of Legislative Counsel has in-
creased under the act from 11 to 28 persons.
The Senate office now has a staff of 14 per-
sons: 7 counsel, 3 law assistants, and 4 clerks;
and the House office likewise has 14 persons,
7 counsels, 3 law assistants and 4 clerks. The
chief counsels are appointed by the Presi-
dent pro tempore and Speaker, respectively;
and the staff members are appointed by the
chief counsel on each side. It is a permanent
career staff independent of politics. The
budget for the combined office is $199,500
for fiscal 1951. The services rendered by
these offices are of the highest quality.
Now in its thirty-fifth year, the Legislative
Reference Service was greatly strengthened
by the act (sec. 203) as the research and ref-
erence arm of Congress. The duties of the patronage system
Service were defined for the first time in stat- ? lost in the Senate debate. In its place, Mr. onerous legislative and supervisory duties,
d that Representatives from the more
utory form and the appointment of all nec-
essary personnel was authorized "without
regard to the civil-service laws and without
reference to political affiliation solely on the
ground of fitness to perform the duties of
their office." Senior specialists were author-
ized to be appointed in some 19 subject
fields "for special work with the appropri-
ate committees of Congress." Under the act,
appropriations to the Service have increased Senate during the lirsS seas
from 6178,000 in 1945 to $790,000 for fiscal Eightieth Congress. Meanwhile, the writer matter fields, striking gains have - bee
1951 and its staff has grown from 66 persons developed a set of job specifications for the achieved. Total appropriations for committee
in 1945 to 156 in 1950, of whom 14 are polit- new professional and clerical positions on all staffs, the Legislative Reference Service, and
George Smith, secretary of e
publican Policy Committee, developed a plan populous districts should be given adminis-
for the efficient professional and clerical staff- trative assistants such as Senators now
ing of the committees of the Senate and cir- have.
culated It among their chairmen on the eve Seen in historical perspective, "this act
of the Eightieth Congress. Mr. Smith was marked the birth of a full-fledged congres-
also instrumental in the appointment of a sional staff," as Ernest Griffith has recently
personnel adviser early in 1947 who was of observed. Although the results of its opera-
material assistance in the staffing of the tion on the staff side have been uneven as
ion of the between committees, Members, and subject-
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CONGRESSIONAL RECORD ?Extensions of Remarks NOvember 26, 1069
the office of the Legislative Counsel have
mulitiplied fivefold since 144. They amount
to more than $5 million for fiscal 1951. The
staffing of Congress effected by the act has
introduced a "third force of experts, usually
designed as a corrective to the bias of
the special interests and to the substitutive
recommendations of the executive * * the
enlargement and strengthening of the elvers
of Congress have in fact been the major fac-
tor in arresting and probably reversing a
trend e * in the direction of the ascend-
ancy or even the virtually complete domi-
nance of the bureaucracy over the legislative
branch through the former's near-monopoly
* * * of technical competence * ? Congress
has mastered?or has provided itself with the
tools to master?the problem of assuring
itself of an unbiased, competent source of
export information and analysis which is
its very own."
CHANGES IN WORKLOAD
Another major objective of the La Follette-
IVIonroney committee was to reduce the work-
load on Congress caused by nonlegislative
duties and by the consideration of private
and local legislation. To this end It recom-
mended more staff aids for Members and
committees, expansion of the bill drafting
and Legislative Reference Services, creation
of a stenographic pool, reduction in commit-
tee assignments to one or two per Member,
delegation of private claims, and home rule
for the District of Columbia. Most of these
recommendations were embodied in the act.
In practice, the workload of committees
has more than doubled since 1916 in terms of
the number of measures referred to and re-
ported by them. The ban upon the intro-
duction of four categories of private bills,
imposed by .section 131 of the act, effected
some reduction in the private-bill workload
in the Eightieth Congress, lett this gain Was
lost in the Eighty-first Congress when 1,052
private laws were enacted, ich was 55 per-
cent of all laws passed pridr to the "lame
duck" session. The continutg flood of pri-
vate bills consists largely f claims bills,
whose Introduction is still Permitted under
the exceptions allogted by the Federal Tart
Claims Act (Title IV of the Legislative Re-
organization Act) , and pidvate immigra-
tion bills whose introductioreis unrestricted.
In 1949 Congress received a record total of
1,351 private bills designed to nermit aliens
to enter or to remain within the United
States, reflecting the efforts of displaced
persons to find permanent refuge within our
borders. In addition, the Eightieth Congress
widened the power of the Attorney General
to stay the deportation of aliens here Il-
legally. Such suspensions must be confirmed
in each individual case by coneurrent reso-
lution of Congress; 5,00 cases were handled
in 1949-50 by the Judiciary Committees
whose calendars are engulfed by the rising
flood of private bills.
Despite the effort of the act to distribute
the legislative worklead more evenly among
the standing committees of Congress in
practice the burden varies within wide limits
from time to time and from session to ses-
sion, depending upon the nature of the DR-
tional and international problems that are
paramount at the time The ApPropriations
sod Foreign Relations Committees have been
among the hardest working since the war
Seettuse of the importance of their measures
and mounting international problems. The
authors of the act never claimed that strut-
;ural reforms in legislative mat- hinery would
reduce the volume of congressional business.
The burden of this business _has inevitably
become increasingly onerous with the steady
expansion of governmental activities at home
and abroad in recent decades. The purpose
ef the changes in committee sl ructure was
not so much to reduce the workload as it
e as to effect a more systematic and rational
division of labor among the reorganized
committee. The reorganization of committee
work Is an improvement over the previous
eituittion as a result of the elimination of
duplicating and overlapping jurisdictions
and the consolidation of related functions
effected bYthe act.
The Workload of individual Members of
Congress has not been lightened by the act,
but more and better staff aids have enabled
there to do a better job. Administrative as-
sistants to Senators have helped them im-
meaurably with their departmental business,
consiLtuent Inquiries, and speech writing.
And enlargernent of the Legislative Reference
Serv ce has been followed by a great increaie
In its use by individual members for legis-
lative research, speech writing, fact finding,
and answering constituent inquiries. The
Service is currently handling congressional
inquiries at the rate of more than 313,000 a
year. One measure of the effect of the act on
the individual workload is seen in the lirni-
taticin of standing committees assignments
to one per Member in the House and two
per Member in the Senate, with minor ex-
eeptiens. But this reduction has been offset
in pert by service on subcommittees and on
special and joint committees. Yet there was
a deeline of 50 percent from 1946 to 1949 in
the average number of committee assign-
ments of all kinds for each Senator.
Deepite these gains, the burden of work
impased upon the Members and oommitteee
of Cengress by their legislative and investi-
gative duties and the importunities of
constituents is truly enormous. According to
George Smith, close observer of the con-
gressional scene, the work load is more than
_they can handle. "There are now signs that
the limits of capacity have been reached * *
This enormous extension of activities of the
Federel Government generates a volume of
detailed and complex business which I be-
lieve has gone beyond the capacity of Con-
gress to handle. * * * A law of diminishing
retures is actively at work in the field of
Federal Government. * * * The workload is
beyond effective legislative control."
If Congress desires to lighten the mounting
burden of its business several step are avail-
able. It could complete the evolution begun
in 1946 by (a.) repealing section 421 of the
Federal Tort Claims Act which excepts 12
classee of claims from its provisions; (b) del
egatiag the adjustment of immigration and
deportation cases to the Immigration and
Naturalization Service; and (c) delegating
the issuance of land patents to the Bureau of
Land Management or to the Bureau of Indian
Affairs in the Department of the Interior.
Senator Wiley, who was chairman of Judi-
ciary in the Eightieth Congress, has suggested
that the introduction of private bills could
be benned in both Houses merely by
amending their standing rules. Congress
could , grant home rule to the District of
Columbia and thus get rid of its duties as
a city i council for the city of Washington.
It could prohibit its Members from appear-
ing before administrative agencies on the
claims and complaints of their constituents,
as Pref. Lawrence Chamberlain has sug-
gested, It could try to reduce the magnitude
of Federal operations via the devolution of
appropriate functions to State and regional
authorities, as George Smith has urged. It
could authorize Members of the House of
Representatives to employ administrative
assistants such as Senators now have. It could '
save much of its time every session by vot-
ing by electricity and by the central sched-
uling ef committee meetings to avoid con-
flicts. And it could expedite its business by
staggering committee meetings and chamber
sessions on alternate days. Taken together,
these steps would go far to bring the work
load of our national legislature within its
capacity to carry.
ovsasrene OF ADMINISTRATION
Another main objective of the act was to
promote closer cooperation and better rela-
tionships between the exeoutive and legisla-
tive branches. To axis end the standing corn-
mi e directed (section J 36) to
exe ise "contentions watchfulness" o ' the ex-
ecu ion of the liters by the admin strative
age cies Under thlir juriediction. In recora-
me ding "legislatike oversight by standing
co nittees," the LieFollette-Monroney Com-
mitee observed that "without effectlee legis-
lati e oversight of the activities of the vast
exe tive branch, the line of cle.noeracy
wea4s thin. ? * * We feel that this oversight
pro lem can be handled best by directing
..
the egular standing conanaittees of the Sen-
ate nd House, which hake such matters In
theif jurisdiction, to conduct a continuous
revi w of the agehcies administering laws
originally reported by the committees. * ? *
Sucl review might well Include a euestion
peri 4d by the correinittee. * * * We recom-
mend that the prdetice Of creating special
committees Of investigatien be abandoned,
* * I By directing its standing committees to
perferm this oversight funption, Congeess can
help to overeome the untortunate I leavage
,
between the personnel of the legislative and
exechtive branches!'
Sone crities of the act have alleged that
this section provided, in effect, for duplicat-
ing nd everlappinKinvesttgations of the ex-
ecut ve branch of the Government by many
cominIttoes. But it *as the intention of the
autlors of the act to bring about a three-
way iivIsion of labor in the performance of
the versight function. 'Their thought was
that the Appropriations Committees, on the
one land, would ettercise financial control
befoile expenditure through scrutiny of the
departmental estimates; that the Et pendi-
ture Committees wcrifid undertake to review
administrative strudture and procedures, an.
the other hand; while the legislative com-
mitts would reviegr the operation of sub-
sten 've legislation and consider the need of
statultorv amendments.
This feature of the act has met with only
parti 1 success to date. Many standing corn-
neittaes have been too heavily burdened with
theirl legislative duties and limited staffs to
keep , very close watch upon the executive
agendies within their jurisdiction. A survey
of committee activity during the second
session of the Eighty-first Congress shows
that 0 standing and 5 special committees of
Congress were carrying on special investiga-
tions of matters which ineolved some over-
sight of executive activitied The most active
comn.ittees in this field have been the Appro.
priatihns, Expendituees, Artned Services, and
Comnierce Committees. Perhaps the most
publieized inquiry last year was that by a
subcommittee of Foreign Relations into
charge.s of disloyaltet. among Departnetnt of
State personnel. A aew watchdog au scon..
mittef of the Senate AT med Services Cer meet-
tee, s t up last July finder the chairmr reship
of Senator Lyndon b. Johnson, is pi obing
eleepl3f into the adnnistration of the na-
tional defense prograin. The detailed results
achietted by these supervisory committees are
set Relth In their reperts. The work of c ertairt
Goverhment Corporations such as the Mari-
time !Commission, enibversive activities in
Gover ment, national defense preparations,
and t e manlpulaticietts of ithe 5 peroentertl
have een among the thief fields of legislative
oversi ht in recent years.
Parl amentary government has vett ually
disap ared in Europe. Its survival in the
Unite States largely-depends upon congres-
sional oversight of administration. Adeline:-
Ratty agencies are responsible for m Odin;
decisi ss within the policy standards and
proced iral machinery fixed by statute, sub-
ject to judicial review to assure compliance
with tI e statutory requirements. Congress is
respon ible for amending the law if a change
In standards or methods of procedure proves
necessery. Legislative oversight of agency
operations is the means by which Con grecs
dischailges its responsibility, Creation la re-
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November 26, 1969 CONGRESSIONAL RECORD ? Extensions of Remarks E 10107
cent years of several so-called watchdog com-
mittees in such fields as atomic-energy
control, foreign aid, Federal expenditures,
and defense production has focused attention
on this oversight function. The joint commit-
tee is a useful device for performing this
function because its duties are explicitly
assigned by statute, seniority does not apply
in its selection, and it provides an outlet for
the zest and zeal of younger Members. It is
also a valuable instrument of legislative sur-
veillance and statutory amendment in ex-
perimental and -controversial fields where
economic stability and national security are
at stake. In times of crisis, with growing
concentration of power in the executive, more
energetic performance of the oversight func-
tion would appear to be in the public interest,
provided that both Congress and the agencies
keep within their respective spheres of
responsibility.
In exercising its oversight function several
tools are available to the Congress. It can
study the periodic and special reports which
the agencies submit to the legislature. These
reports contain valuable information on
agency operations and expenditures, their
administration of the statutes, and partic-
ular problem areas. Investigations of par-
ticular agencies may be conducted by the
appropriations or expenditure committees,
or by the standing committees charged with
jurisdiction over their activities. or by the
joint watchdog committees like the Atomic
Energy Committee, or by special committees
like the Kefauver committee on interstate
crime. An appropriations committee may look
into an agency's budget requests to see if
they are excessive or inadequate, comparing
notes meanwhile with the appropriate stand-
ing or watchdog committee concerned. An
expenditure committee may make a post-
audit of an agency's administration of its
affairs to see if it has been economical or
wasteful. A legislative committee may hold
hearings or an informal question period with
agency officials to determine whether or not
they are enforcing a statute in accordance
with the legislative intent, or to discuss
constituent complaints concerning alleged
agency abuses of authority, or to consider
proposed legislation in the light of past de-
cisions and regulations. A joint watchdog
committee may be used to investigate novel
of emergent problems of mutual interest to
both Houses such as the international con-
trol of the hydrogen bomb or raw material
shortages. Or a special committee may be
set up to investigate a particular problem or
agency such as speculative transactions on
the commodity markets by Government em-
ployees or the Federal Communications Com-
mission. In general, I believe that the over-
sight function should be exercised by stand-
ing rather than special investigating com-
mittees. The latter trespass upon the assigned
jurisdiction of the standing committees, they
lack continuity and legislative authority,
and they impair the efficiency of the admin-
istrative agencies of the Government by re-
quiring their officials to repeat their testi-
mony on the same subjects before several
committees of Congress in cases where legis-
lative action is indicated.
Another tool in the oversight kit is the
committee report evaluating agency opera-
tion and suggesting changes in current ad-
ministration of existing law. Good examples
of such reports were the activities reports
of the Senate Expenditures Committee and
its Investigations Subcommittee at the end
of the Eightieth Congress, and the series of
intermediate reports on various agencies and
commissions issued by the House Expendi-
tures Committee during the Eighty-first
Congress. The Legislative Reorganization
Act does not require such committee repotrs,
but they are required of the "watchdog com-
mittees" created by the Taft-Hartley Act
and the Atomic Energy Act.
Informal conferences at the committee
and/or staff level with agency officials is an-
other method which has proved helpful in
performing the oversight function. First
used by Chairman Lanham and Administra-
tor Blandford on national housing matters,
it has helped resolve complaints and misun-
derstandings, made for closer cooperation,
and laid a foundation of mutual respect and
confidence. During the second session of the
Eightieth Congress, the House Committee on
Interstate and Foreign Commerce held a
series of such meetings with representatives
of 14 regulatory agencies in its field. The
committee stated that these meetings en-
abled it to exercise closer supervision over
these agencies; it was a means of acquaint-
ing the new members of the committee with
the activities with which they would become
concerned; and it provided a means for the
various agencies to present their ideas to the
committee concerning possible measures for
improving their work or making it more ef-
fective. Only a few committees have made
sporadic use of this conference technique
for oversight purposes. The practice might
well be generalized of holding periodic meet-
ings at the subcommittee-commission level
or through the increased use of qualified
staff personnel to study the problems of
particular agencies. To this end some
expansion of the professional staffs of the
supervisory committees appears necessary.
Intervention of individual Members of Con-
gress in the affairs Of administrative agencies
with a view to expediting or influencing
agency decisions on behalf of constituents
is considered improper, where the Con-
gressman is not a member of the corespond-
ing supervisory conimittee and is not merely
seeking informat or making a routine in-
quiry. It was the intention of the authors
of the Legislative Reorganization Act that
the oversight comMittees would serve as a
clearing house to Which Members would re-
fer all such constituent complaints and in-
quiries and which would then bring them to
the attention of the agencies concerned. The
volume and charaCter of such complaints
would be a rough index of the performance
and weakness of the agency. At the same
time, as the Hoover Commission task force
i
report on regulatorycommissions remarked,
"this method would shield both the Con-
gressman and the ommission from the sus-
picion of influence inherent in direct
approaches for constitutents."
In a lucid analysfis of the oversight prob-
lem, the Committee on Administrative Law
of the Bar Association of New York City
believes that "vigilant and conscientious ex-
ercise of proper oVersight and consultation
are much to be desired and encouraged." The
problem is one of achieving a "suitable ac-
commodation of pOpular control and flexi-
able administrativ expertness." They also
suggest the advisability of erecting certain
self-imposed boundaries. Legislative commit-
tees ought not to try to influence the de-
cision of pending cases or issues before an
agency or the manjier in which a particular
case is being hand ed?"a precept not uni-
versally respected In practice." Nor should
decided cases be criticized with a view to in-
fluencing an ageney to reverse a previous
ruling or limit a trend in agency decisions
except where a corOmittee is genuinely con-
sidering amending the statute. However, it
is considered propet for a committee to make
suggestions to an agency with respect to its
procedures or internal organization and to
comment upon proposed substantive rules.
STRENGTHENING FISCAL CONTROLS
One of the major aims of the aot was to
strengthen the congressional power of the
purse. To this end the act provided for a
legislative budget csec. 138) , development of
a standard appropriation classification sched-
ule (sec. 139b), stndies by_ the Comptroller
General of restrictions in the appropriation
acts (sec. 205) , exPenditure analyses by the
Comptroller General (sec. 206) , studies by
both Appropriations Committees of Perma-
nent appropriations and of the disposition of
funds resulting from the sale of Government
property or services (sec. 139b), and expan-
sion of the staffs of the Committees on Ap-
propriations (sec. 202b).
In practice, many of the fiscal reforms em-
bodied in the act have been virtually ignored
or have failed to work. Attempts to carry out
the legislative budget provision during 1947-
49 proved abortive; in 1950 this section was
ignored and appears to be a dead letter. In
congressional circles the aim of the legisla-
tive budget is generally regarded as laudable,
but experience with it seems to have shown
that the instrument is not properly suited to
its task. Its failure to date is attributed to
the shortness of time allowed for the job,
the unwieldy size of the Joint Budget Com-
mittee, inadequate staffing, improper adjust-
ment to the appropriation process, resistance
within Congress to ceilings on appropriations
for favorite agencies, current Federal ac-
counting practices, and external spending
pressures on the legislature. There is strong
sentiment in Congress for further trial of the
legislative budget idea and measures have
been introduced to amend section 138 of the
act with a view to overcoming the difficulties
mentioned above.
The Wherry resolution (S. Con. Res. 38,
81st Gong., 1st sass.), presented on May 11,
1949, by a bipartisan group of eight Sen-
ators, would reduce the Joint Budget Com-
mittee to 20 members, authorize it to employ
an expert staff, and to report a legislative
budget with a recommended ceiling on ex-
penditures by February 15. There would be
no formal adoption of the budget by con-
current resolution under the Wherry plan.
Senate Concurrent Resolution 38 was re-
ported favorably by the Senate Rules Com-
mittee on April 14, 1950, and has been on the
Senate Calendar ever since.
The McClellan bill (S. 2898, 81st Cong., 2d
sees.), introduced on January 19, 1950, would
repeal section 138 of the act and create in
its place a Joint Congressional Committee
on the Budget to carry on a continuing year-
round study of budget requests and require-
ments. It would be a 10-member group, with
5 members selected from the Appropriations
Committee of each House. It would make its
reports to these committees and to other
standing committees. Every Federal agency
would be required to submit to the joint
committee a duplicate of any money request
made to the Budget Bureau. This would ap-
ply to both regular and supplemental ap-
propriations. This would permit a long-term
study of each agency's needs, its own re-
quests for funds, as well as the amount which
the Budget Bureau finally asks Congress
to authorize. Aside from this detailed study
of each agency's budget request and require-
ments; the joint committee would make
periodic reports on any improper uses of
funds or deviations from congressional au-
thorizations, on methods of achieving
greater economy and efficiency, and on esti-
mated revenues and general economic condi-
tions.
The need of simplifying and standardizing
the pattern of the appropriation bills, which
the act called for and which the Hoover Com-
mission recommended has been carried out
in part in the 1951 performance budget and
in the Budgeting and Accounting Procedures
Act of 1950.
The studies by the Comptroller General on
useless restrictions in appropriation bills
were completed in January 194? and will
probably result in the elimination of many
of these obsolete provisions which have been
carried on from year to year in the supply
bills. But the expenditure analyses of Gov-
ernment departments which he was directed
to make, so as "to enable Congress to deter=
mine whether public funds have been eco-
nomically and efficiently administered and
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E 10108 CONGRESSIONAL
expended," have not yet been made because
funds for the purpose have been denied by
the Appropriations Committee.
No systematic study of permanent appro-
priations appears no have been made al-
though the House subcommittees reviewed
these items during their 1948 hearings and
Ge Senate committee gave them considera-
ble attention during 1917-49.
On the staffing of the Appropriations Cem-
mittee, the La Follette-Monroney committee
recommended that four qualified staff assist-
ants be assigned to each of the subcommit-
tees on a year-round basis. But at the
insistence of the leaders of the House Appro-
priations Committee, a change was made and
they were authorized by the act to employ
whatever staff they considered necessary.
"This was done," according to Senator Mon-
roney, "in the belief that they would add Suf-
ficient professional personnel to gain a com-
plete understanding of every item in every
appropriation request." In practice, the staff
of the House Appropriations Committee has
been increased above the stenographic grade
from 11 clerks in 1946 to 17 clerks during the
6-month period from January 1, 1950, to
June 30, 1950. During the same period the
committee also employed an investigative
staff consisting of 2 full-time investigators,
23 part-time investigators borrowed from 12
administrative agencies, and 11 temporary
clerical and editorial assistants borrowed
from 10 agencies on a reimbursable basis and
4 clerk-stenographers. Total expenditures for
the combined clerical and investigative staff
for the fiscal year 1950 amounted to $290,-
628.98. No administrative analysts or pro-
fessional staff have been employed by the
House committee "because of a conviction
that professional and clerical staff impede
each other." Thus, considering both the cler-
ical and investigative staff, the combined
42-man staff handled a wOrkload of appro-
priations during 1950 of more than $1,000,-
000,000 per staff member. "lio one can ques-
tion the ability of those entployed," observes
Senator Monroney, "but I feel that a greatly
enlarged staff would enable the committee to
ferret out of the money bills much more
information and facts regarding the agencies
than is now done with the mall staffs used."
During the Eightieth Congress, on the
other hand, the Senate Appropriation Com-
mittee took advantage of the act's authority
to recruit a professional staff of eight
experienced persons in addition to the regu-
lar clerical and investigative force. And dur-
ing the first 6 months of 1950 this commit-
tee had a staff of six clerks, six professionals.
and six clerical assistants at a gross annual
salary for the fiscal year of $132,927. The Sen-
ate committee needs a smaller staff than the
House committee, because the former sits
and holds hearings only on specific appeals
from House decisions.
Thus, the greatest failure of reorganization
has been in the field of more effective fiscal
control. This failure was offset in part in
1950 by the consolidation of 1i separate sup-
ply bills into 1 omnibus appropriation bill
for the first time in more than a century and
a half. Hitherto, the supply bills have gone
through the legislative process in piecemeal
fashion. Last year they were merged into one
measure which was ready for the President's
signature two full months ahead of the
budget completion date In 1949. The big
money bill represents a forward step in ap-
propriation procedure in that, by bringing
all the general supply bills together into a
single measure, it gives Congress and the
country a picture of the total outlay con-
templated for the coming ftscal year. The new
procedure also permits a comparison of total
proposed appropriations with the latest
available estimates of total Treasury re-
ceipts. This comparison enables Congress to
decide in its wisdom whether to balance the
budget or to create a surphis for debt retire-
ment or to incur an increase in the public
debt. The new procedure also allows Congress
Approved
RECORD ?Extensions
of Remarks November 26, 1969
to see the elaims of spending pressure groups
in relation to the total national fiscal pic-
ture, and thus to appraise their relative
worth. The consolidated supply bill proce-
dure falls short, however, of the objectives
of the legislative budget in that it does not
fix a ceiling on expenditures or give a coos-
dinated view of prospective income and out-
go. But no ceiling on expenditures could long
contain the huge current outlays for national
defense.
LIGHT ON LOBBYING
Tittle III of the act requires persons whose
prineipal paid activity is seeking to influence
Federal legislation to register and file quar-
terly financial statements of receipts and ex-
penniturea with the Secretary of the Senate
or the Clerk of the House. The ha Follette-
Mortroney, committee had recommended that
all lobbyists should register and file state-
ments; it did not intend that registration
and; reporting should be limited to persons
principally engaged in lobbying. The joint
committee was led by testimony it heard, as
well as by its own independent, studies, to
believe that the registration of the represent-
atives of organized groups would enable Con-
gress better to evaluate and determine evi-
denee, data, or communications from or-
ganized groups seeking to influence legisla-
tive, action and thus avoid the distortion of
pubic opinion. It was also influenced by the
recommendation of the Committee on Can-
gresp of the American Political Science As-
sociation in 1945 that "all groups, representa-
tives of which appear before. congressional
committees, should register and make full
disclosure of their membership, finances, and
so forth." The joint committee believed that
inclusion of a lobby title in the act would
strengthen the Congress by "enabling it bet-
ter to meet its responsibilities under the
Gonetitution." To turn the spotlight of pub-
liciy on lobbying activities and expenditures
woteld be a big step forward, they felt. After
the lobby law had been in operation for a
few years, experience would reveal any de-
fects in it which could be corrected by
amending and strengthening the act.
Iii practice, the administration of the lobby
law, has furnished Congress and the coun-
try With more useful and important informa-
tion about lobbyists; their identity, sponsor-
ships, sources of support, and legislative in-
tereets than has ever been known before.
The compilation of filings and financial data
whiph are published quarterly in the Con-
greesional Record provide a wealth of inform-
ative data on the activities of these gentry.
The facts on lobbying, for example, for the
first quarter of 1950, consumed 177 pages of
the licoord of July 14, 1950, and reflected the
work of the House Select Committee on Lob-
bying Activities which secured adoption of
a new standard of reporting form and a rec-
ord of outstanding complismce with the law.
Bucher the chairmanship of Representative
Frank Buchanan, this committee made an
objective and intensive study during 1949-50
of lebbying by private groups and individuals
and Government agencies: its extent, fund-
raising and lobbying techniques, grass-roots
proesure, muses and costs of lobbying, etc.
It shed much fresh light on modern methods
of lobbying and recommended several im-
provements in the law.
Administration of the lobby law has been
handicapped by its vagueness and ambigui-
ties Many organizations and individuals who
are engaged in influencing legislation have
not complied with the act, on advice of
ooutisel, because they claim that their "prin-
cipal purpose" is not to Influence legislation.
They chains principal means "primary" or
"major." Many persons have registered who
disclaim that they are engaged in lobbying,
or viho assert that lobbying is only incidental
to their other activities. An analysis of ex-
perience under the lobby law during the
Eightieth Congress, made by W. Brooke
GraVes, showed that, out of 1,807 organiza-
tions maintaining offices in Washington, 667
registered during la47 and 725 during 1948.
Eight hundred and thirty-five Organizations
failed to register either year, althouga repre-
sentatives of 198 of them appeared before the
Jud ciary Committees during 1948-49. By the
end of 1949. a total of 2,878 persona and
grotips had filed under the lobby law, of
whiCh 495 were original filings; their reports
shovired that they had collected more than
$55:100,000 since the act Went into erect and
had spent more than $27900,000. Dr Graves
concludes that it is-almost impossileie to esti-
mate the extent of pompliance with the lobby
law "While the exieting raw marks e signifi-
cant advance, its provisions ate in 'Urgent
need of strengthening and revision, if the
objactives of the :trainee are to be fully
realized." -,
Inipartial students of the Sulnect are
agreed that there "is urgent need for some
kind of supervision and control over lobby-
ing ' in Washington; that the lobbe law of
194d suffers from a defective draftsmanship;
.. .
and' that it should be revised and clarified
aftelr a thorough investigation of the whole
problem such as the Buchanan committee
has now made. Specific suggestions for re-
vision include clarification of the lew's ter-
minology, coverage) and filing requirements;
centralization of responsibility for its admin-
istration in a specific agency equipped with
an cdequate full-time staff to file, tabulate,
and analyze registrations and financial re-
ports and investigate compliance with the
act provision for termination of inactive reg-
istretions; exact apecification of :ftnaricial
data required; subtle's:non of full inic motion
regarding an organization's membership. in-
ternal structure, and methods of policy de-
terilain.ation; and extension of the act's ap-
pliMaion to lobbying before administrative
agencies as well as Congress.
COMPENSATION AND RETIREMENT
final aim of the act was the provision
rai ng econgressiorfa.1 salaries 25 percent to
lie
$124500 a year, granting each Member a tax-
exenept expense allowanne of $2,500 a year,
and extending tb Meilibers of non.gress
opt_onal retireme4 coverage under the Civil
Service Retirement Act. The salary toost was
designed to help Meet the rising cost of liv-
ing and matapalgning. The allowance was to
at et in defraying expereees incurred in the
d harge of official duties. The elleebility to
is
p4icipate in the ?ederie retirement system
on a oontributory Mete might encourage
superannuated Menaberato retire end eon-
dl: to a greater :sense Of security and in-
de ndence of taught and action on the
,..
pare of younger meenbers.
The Salary" increase and expense allowance
became effective On the day In which the
Eightieth Congress convened. To be entitled
to a retirement annuity a Member of Con-
greas must have served at least 6 years, have
attfeined the age of 62, and heart- contributed
a percentage of his base pay to the retire-
ment fund at the rate provided by the Re-
tirelment Act. The anntlity of Members of
Congress consists of 2en percent of their
average salary received as a member, niva-
tipted by their respective years 01 service.
As f June 30, 1950, 52 former Congressmen
were drawing annuity benefits. As 07 August
3, ;950, 476 Congressmen and Senators were
contributing to the civil service annuity
fund.
Skim.? who have analyzed the res
that nonsibil-
itie , duties, and iMportance of the emigres-
sio al job believe at iteis worth a salary of
IF
$25 000 and,that the expanses of the job call
for such a Salary. They assert that congies-
sio al salaries should be such that Members
wo id have no excuse for augmenting their
inc me by means which might be prejudicial
to he effectiveness of their work; and that
the salary should be such that it would widen
the field that could be drawn upon for con-
gre sional talent and thus in the long run
rai the level of the legislative ability. It is
al.ad urged that the salary should be such as
to Iliad toward the desirable objecthe of up-
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26, 1969 CONGRESSIONAL RECORD ?Extensions of Remarks E 10109
grading the salaries of all public service
positions.
UONCLTISION
In summary, we can report that the basic
reforms in ,committee structure have sur-
vived four years' trial and worked well on
the whole. Committee procedure has been
improved and regularized in several respects,
although some jurisdictional disputes still
occur. Party policy committees have func-
tioned actively in the Senate, but have failed
to achieve their full potential. Striking gains
have been achieved in the staffing of Con-
gress, but there is room for improvement in
the quality of professional committee staffs
and in the methods of their selection. Con-
gress is handicapped by the lack of a modern
personnel system, but its new staff aides have
apparently arrested its decline in relation to
the executive branch, The workload on Con-
gress has not been reduced by the act, but
more and better staff aides have enabled
it to do a better job. The Judiciary Commit-
tees are overburdened with thousands of
private bills about matters which should be
handled elsewhere. Operation of the over-
sight function has been partially success-
ful and various devices are available for its
fuller performance. The fiscal control pro-
visions of the act have either been ignored
or have proved unworkable in practice. The
greatest failure of congressional reorganiza-
tion has been in the fiscal control field. Ad-
ministration of the lobby law has disclosed
a wealth of new information concerning the
identity and finances of lobbyists, but has
been handicapped by defects in the statute
which needs revision and clarification. Con-
gressional salaries have been raised and 476
out of 531 Members of Congress are presently
participating in the Federal retirement plan.
Representative government has broken
down or disappeared in other countries. Here
in the United States it remains on trial. Its
survival may well depend upon its ability
to cope quickly and adequately with the
difficult problems of a dangerous world. Con-
gress is the central citadel of American
democracy and our chief defense against
dictatorship. Hence the importance of con-
gressional reorganization and of further
steps toward strengthening our national
legislature.
ADMINISTRATION tao.vORTS TO
CONTROL INFLATION
HON. RALPH T. SMITH
OF ILLINOIS
IN THE SENATE OF THE UNITED STATES
Wednesday, November 26, 1969
Mr. SMITH of Illinois. Mr. President,
I ask unanimous consent to have printed
in the RECORD what I consider an ex-
cellent statement made by the Secretary
of the Treasury, giving the administra-
tion's view of the budget outlook and
their assessment of their efforts to con-
trol inflation.
There being no objection, the state-
ment was ordered to be printed in the
RECORD, as follows:
STATEMENT BY HON. DAVID M. KENNEDY,
SECRETARY OF THE TREASURY
It is a pleasure to have this opportunity to
appear before you for an examination of the
budget outlook and an assessment of our
efforts to control inflation. This subcom-
mittee has made an important contribution
in serving both the Congress and the execu-
tive branch as a respected forum for dis-
cussion and review of economic policy. In
the tradition of reasoned analysis which has
characterized the deliberations of the sub-
committee, it is appropriate to review the
conduct of fiscal policy by the Nixon Ad-
ministration during its first eight and one-
half months in office.
Director Mayo will give you the budget out-
look for the current fiscal year. The projected
surplus of nearly $6 billion is essential in
the present econoinic environment. In its
report on the January 1969 Economic Report
of the President, the Joint Economic Com-
mittee argued perquasively for a significant
surplus, and we are in complete agreement
with that position.'Our determination to re-
strain Federal spending and to maintain
sufficient revenues to adequately cover ex-
penditures supports the objective which we
all share?to preserve a positive role for fis-
cal policy in the Maintenance of economic
stability. The failure in recent years to make
prompt and timely use of fiscal policy to
counteract impending inflationary tenden-
cies has been a sOurce of considerable dis-
ruption and inequity in the economy.
The American people understand the
falseness of an inflated prosperity, and I know
many of them have communicated this
understanding to their elected representa-
tives in Washington; many have also ex-
pressed their concern to me personally. The
real wages of the average manufacturing
worker are only $1.45 a week higher today
than they were in 1966?despite higher and
higher wage settlements. Inflationary ex-
cesses create hardships for all segments of
our society. Monetary values are eroded,
purchasing power is diminished, decision
making is distorted, and interest rates are
disproportionately inflated.
The control of inflation is more than a
matter of domestic concern. Last week I met
with the financial representatives of over 100
countries. They impressed upon me their awn
deep concern over inflation in the United
States. The American economy is so large
and its influence so widespread, especially be-
cause the dollar is a key currency, that the
excesses of either inflation or recession affect
the entire world economy. It is important
that we improve our competitive position in
foreign markets and maintain international
confidence in the dollar. The current infla-
tion is unhealthy for both America and the
rest of the world, and its control is therefore
both a domestic and an international neces-
sity.
Since assuming office last January, this
Administration has moved quickly and firmly
to bring the policies of the Federal Govern-
ment in line with the country's most urgent
economic priority?to halt the spiral of rising
prices. Our basic strategy has been to restore
stability through the coordinated application
of fiscal, debt management, and (with the
cooperation of the Federal Reserve Board)
monetary policies designed to moderate ag-
gregate demand pressures.
In April the President proposed two major
actions to increase tax revenues; (1) exten-
sion of the income tax surcharge at 10 per-
cent for the first half of fiscal 1970 and at 5
percent for the second half of fiscal 1970; and
(2) repeal of the investment tax credit. The
Congress has approved extension of the full
surcharge through this calendar year, but
action to continue the surcharge at its re-
duced rate and to repeal the tax credit re-
mains to be taken in the Senate. I want to
emphasize again that these measures are es-
sential to our overall strategy; and require
the earliest possible action. They are in com-
plete agreement with the recommendations
made by the Joint Economic Committee last
spring.
Enactment of these two tax proposals will
produce an estimated $3.3 billion in reve-
nues. Including the requested extension of
present excise tax rates and the proposed
imposition of new user charges, a total
of $4 billion of necessary revenues depends
on favorable legislative consideration. With-
out positive Congressional action, fiscal pol-
icy will not be exerting the measure of
restraint appropriate for effective inflation
control.
Assuming favorable action on these reve-
nue-raising proposals, total budget receipts
for fiscal 1970 are now estimated at $19$.8
billion, or $0.4 billion below the May 20
estimate. This relatively small change in
total receipts is primarily due to a $0.5 bil-
lion reduction in estimated corporate tax
total receipts is primarily due to a $0.5 bil-
lion reduction in estimated corporate in-
come tax receipts, reflecting our lower es-
timate for 1969 corporate profits. The eco-
nomic assumptions underlying these latest
estimates are shown in the following table.
Changes since May 20 largely resulted from
revisions in National Income Account data
by the Commerce Department.
Economic assumptions, calendar year 1969
In billions of dollars]
Gross national product, May 20 esti-
mate 927
Current estimate 932
Personal income, May 20 estimate 739
Current estimate 745
Corporate profits before taxes, May 20
estimate 97
Current estimate 941/2
On the expenditure side, the President has
demonstrated his determination to regain
Executive control over Federal outlays by
his commitment to hold expenditures below
the Congressionally authorized limit. Total
outlays for fiscal 1970 are estimated to be
$192.9 billion, the same figure used for the
May 20 estimate. Director Mayo will discuss
budget expenditures in greater detail.
The net result of these fiscal actions will
be the generation of sufficient revenues to
more than cover substantially trimmed out-
lays. The Federal budget will be contribut-
ing importantly to the control of inflation.
Nine months ago, we knew that this would
be an arduous and lengthy task. Aggregate
spending was under strong upward momen-
tum, and inflationary expectations were well
entrenched. It has been our deliberate policy
to restore economic stability through the
careful application of restrictive fiscal and
monetary measures. The evidence that this
policy is being effectively applied is begin-
ning to mount:
Real economic growth is well below the
basic trend rate of capacity growth;
The September unemployment rate was
reported at four percent;
The combined index of leading business
indicators has slowly declined for three con-
secutive months;
Industrial production registered a small
monthly decline in August; and
Consumer surveys indicate a significant de-
cline in buying sentiment.
While there is ample evidence that real
growth has been declining in recent months,
the desired abatement of price level increases
has not yet become evident in the statistical
indicators. This is not unexpected, since
prices invariably tend to lag behind changes
in the underlying market conditions. But
regardless of the source of inflationary pres-
sure, whether from excess demand or from
rising costs, the absence of sufficient demand
to clear markets at inflated prices must re-
sult in inventory accumulation and in-
evitably lead to price reductions. Investment
and production decisions reached under the
assumption of a continuation in current
rates of inflation will come to be sorely
regretted.
We are encouraged that our strategy is be-
ginning to show results. The difficulty of
pursuing this, task must not be underesti-
mated, however, and cooperation from the
Congress is vitally important to our main-
taining appropriate fiscal restraint. The re-
venue-raising measures proposed by the
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E 10110 CONGRESSIONAL
Administration must be enacted to continue
the desired budgetary effects.
Only last month, a distinguished former
Secretary of the Treasury told a Senate exam-
mittee that both the executive and legisla-
tive branches had committed a serious policy
error by failing to control the budget during
the 1965-1966 period. As a result, fiscal policy
came to exert a completely undesired influ-
ence on an overinflated ecOhomy during the
fiscal year 1968. Madam Chairman, it is ray
hope, and I am certain this important sub-
committee shares my concern, that we can
maintain fiscal policy in its proper rote of
contributing to economic Stability. That, I
believe, is the purpose for these hearings;
and that is why I am pleased to be here for
a discussion of this important issue with you.
THE RISING COST OF AGRICUL-
TURE'S BAD IMAGE
HON. THOMAS S. KLEPPE
OF NORTH DAKOTA
IN THE HOUSE OF REPRESENTATIVES
Wednesday, November 26, 1969
Mr. KLEPPE. Mr. Speaker, all of us
recognize the valuable contributions our
distinguished colleague from Texas, Boa
POAGE, has made in the' formulation of
national agricultural policy over three
decades. As chairman of the House Ag-
riculture Committee, he has worked un-
tiringly to improve the economic situa-
tion confronting the Nation's farmers.
In the November issne of "Agri/Indus-
try News," published by the Corn Re-
finers Association, Chairman POAGE pin-
points a major problem with agriculture
and the plight of the farmer. For the
benefit of my colleagues, I am pleased to
Include his remarks:
THE RISING COSTS OF AGRICULTURE'S BAD
IMAGE
(By Representative W, R. POAGE)
The American people enjoy the world's
highest standard of living primarily because
of efficiencies achieved in Agriculture One
farmer now feeds 13 persons, compared tO 23
just a decade ago. In fact_output per Man
hour on the farm is up 82-percent over the
past ten years. This means that consider-
able labor previously required for produc-
tion of essential food and fiber may now be
used to produce an unmatched variety of
consumer goods.
Yet the farmer's undeniable contribution
to the material quality of life in America goes
largely unrecognized. Many consumers re-
gard farm programs as a form of welfare;
few perceive any difference between the
problems of commercial and non-commercial
agriculture. Fewer still recognize that, "in-
directly, government assistance to farmers
represents a subsidy to consumers.
Trying to pinpoint responsibility for agri-
culture's poor image with consumers and
taxpayers is a useless exercise. Suffice it to
say that agriculture's side of the story has
been ineffectively told, and the entire farm
community must share the blame and the
consequences.
Granted that farmers, suppliers and ptiec-
essors- the whole agribusiness?represent
perhaps the nation's most diverse minority.
Granted, also, that important segments
within this minority will ecintinue indefi-
nitely to disagree on substantive issues.
But philosophical controversies and other
equally wasteful outlets of -energy have be-
come a rising cost that the farm community
can no longer afford. The fact that agri-
culture's special problems and contributions
to the total economy are not clearly under-
RECORD ? Extensions of
stood should be a danger signal to the entire
farm community.
What is needed is a broad-based attack
on the mutually-shared and overriding prob-
lem of a bad image?one that threatens the
very existence of government-sponsored pro-
grams Of assistance of agriculture. Somehow
the point Must be gotten acrots that these
programs do not benefit agriculture alone.
With the country rapidly becoming more
and more urban, agriculture must unite to
take its case to the city. What is called for
is a systematic program of education designed
to Make the public aware that in return for
efficientles that benefit all Americans, the
farna community asks only a fair share of
existing prosperity.
END THE SURCHARGE
HON. HARRY F. BYRD, JR.
OF VIRGINIA
IN THE SENATE OF THE UNITED STATES
Wednesday, November 26, 1969
Mr. BYRD of Virginia. Mr. President, I
ask unanimous consent to have printed
in the Extensions of Remarks an edi-
toriel entitled "End the Surcharge," pub-
lished in the Daily Progress, Charlottes-
ville, Va., on November 24,1969.
There being no objection, the editorial
was ordered to be printed in the RECORD,
as follows:
END THE SURCHARGE
When a man such as Sen. Harry F. Byrd,
Jr. of Virginia speaks out on the income tax
surcharge, the Senate would do well to listen.
Last week, Sen. Byrd introduced an amend-
Ment to the tax reform bill Which would
abollsh the sureharge on Jan. 1. At the same
time he warned the Senate that the way
to combat inflation is to reduce spending?
net to increase taxes. And he added there
still remains significant areas of fat in the
budget that can be trimmed.
But essentially Sen. Byrd was concerned
that the "temporary" surcharge on the in-
come tax is in danger of becoming a perma-
nent tax. It has been in force for 21 months
for individuals and 24 months for corpora-
tione.
while giving full credence to the Presi-
dents good intentions in his pledge to allow
the tax to die on July 1, Sen. Byrd declared,
"I fear the temptation to extend it beyond
that date will he very strong?just as was
the temptation to extend it beyond its previ-
ous termination date of June 30.
"Each extension of a tax makes the next
extenSion easier. Sooner or later?and I sus-
pect the time is at hand?the government
begins to regard the temporary tax increase
as a ;permanent part of the tax structure.
"I think that this must be avoided. / think
that the government must keep faith with
the people. The way to keep faith with the
people is to kill the surcharge on income
taxes as of the end of this year."
see. tyrd objected to the American peo-
ple having to pay a surcharge on their in-
come taxes to help finance an increase in
such things as the foreign aid.
Elimination of the 5 per cent surcharge
proposed for the first six months of 1970
would cost the government only $1.7 billion,
not a great deal in what may be a $200 billion
budget. _
"I admit that if the surtax Is eliminated,
it will Make the budgetary choices ahead of
us More difficult. But I feel that we must
undergo necessary discipline. We must con-
trol Spending," said Sen. Byrd.
The only thing we could add to Sen. Byrd's
statement is that the American taxpayer de-
serves a bit of a break, even though the sur-
charge may not represent a great addition
to hit income. Congress should give him that
much relief.
Refmarks November 26, 1.969
SEPARATION NEEDED
HON. ARNOLD OLSEb
OF MONTANA,
THE HOUSE OF RF;PRF,SENTATIVES
Wednesday, November 26, 1969
Mr. OLSEN. Mr. Speaker, fee public
fig res and probably no elected public
fig res escape occasional barbs from the
p s. However, as I ponder Viee Presi-
de t AGNEW'S rearks in Iowa a
reid Ala-
1
in
b a. I am reminded of occasional con-
frontations between former President
Ham S. 'Truman and.the presa_and the
qudtation he ditplayed in his White
Hoase office:
Ifi you can't stand the heat, stay out of
the !kitchen.
Sure, I have had a few bad days in the
pre s. I have been misquoted, misinter-
pre ed, my remarks have been distorted
at times. Sometimes I have phoned an
edillor directly to clarify a position that
he questioned.
ke anyone, I am sensitive to "bad
pre s," but the slightest suggestion that
an individual, group, or party should be
abl to dictate the manner in which the
pre,s will cover an event, or the hint
thaj certain public officials should be im.-
mute from the scrutiny of the press
n es me shudder.
Lt us take a look at what the eurrent
ad inistra-tion would have the press re-
porj to the.Aineripari people if it had its
wag. AdMinistration spokesmen in-
for4iedthe.. presS_ a number of times in
rec t 'weas that it was assured of at
le 52 votes for the Haynsworth con-
flrl4ation. History will record a 55-45
vote against Judge Haynsworth.
e Vice President told the American
le and his listeners in Alabama that
ashington pest and its sube.diaries
e With one voice editorialhe That
e week the Washington Pest recom-
ded editorially that Judge I-layns-
h be Cenfirm-kd by-the Senate; Post
idiary WTOP radio recommended
udge be rejeded.
peo
the
spo
an
me
wor
sub
the
ere Was no Oriticisni on the part of
the Vice President of the fact that the
net orks chose net to give extensive coy-
era c to the Noverriber moraorium,
tho gh it Surely was of national signi-
flea ce. TI* and other omissions from
the ice President's double attack on the
pre.s illustrates a very real fact: criti-
cislfl of the presS usually depends upon
the ritic'S Point df view.
F rther, if thaeattoeney Genei at had
had his waY the Amer-lean people would
hay been told that the march het week
her4 in Washington was insigniffiant in
nul2bers and significant in violence. As
a rnatter of fact, the facts of the situa-
tion completely contradicted Just cc Dc-
par1ment statements that march partici-
pan s were bent on violence. Incidentally,
the free press, left to report fret IY, did
an xcellent job of placing the violent
elex4ents in the march in context and in
informing the American people that the
gre t majority of participants in the
nsar'ph abhorred the violence as much as
I or he Attorney General did.
Cflticlsm of the press is as old as the
pres itself. Individuals will find fault
witI the press as long as individuals have
diff ring views. But the press must re-
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