committee, and all such employees shall be appointed without regard to political affiilation and solely on the ground of fitness to perform the duties to which they may be assigned: Provided, however, That the services of any such employee may be terminated by the concurrence of a majority of the members of the joint committee. No person shall be employed by the joint committee until a thorough investigation as to loyalty and security shall have been made by the Federal Bureau of Investigation and a favorable report on said investigation submitted to the chairman or vice chairman.

"(h) The joint committee shall assign members of its staff (1) to assist the staff of the Committee on Appropriations of the House of Representatives and the several subcommittees thereof during the periods when appropriation bills are pending in the House of Representatives, and (2) to assist the staff of the Committee on Appropriations of the Senate and the several subcommittees thereof during the periods when appropriation bills are pending in the Senate. At other times the staff of the joint committee shall serve the joint committee directly.

"(i) Employees of the joint committee, upon the written authority of the chaairman or vice chairman, shall have the right to examine the books, documents, papers, reports, preliminary and other estimates of budget requirements, or other records of any agency of the United States Government within or without the District of Columbia: Provided, however, That such employees shall not be permitted access to books, documents, papers, reports, estimates, records, or any other thing containing information classified for security purposes unless specifically authorized by the joint committee to receive such types of classified information.

"(j) It shall be the duty of each agency of the Government to supply to the joint committee any copies of any budgetary request submitted to the Bureau of the Budget, which the joint committee or any subcommittee thereof may request, either for regular or supplemental appropriations required for each fiscal year, with the detailed justifications in support thereof. Members of the staff of the joint committee are authorized to attend hearings of the Bureau of the Budget at which representatives of agencies justify their budgetary requests.

"(k) Qualified members of the staff of the Bureau of the Budget shall, at the request of the Committee on Appropriations of the House of Representatives or the Senate, or any subcommittee thereof, be assigned to attend executive sessions of the subcommittees of the Appropriations Committees and to explain the content and basis of proposed appropriations.

"(1) When used in this section, the term 'agency' means any executive department, commission, council, independent establishment, Government corporation, board, bureau, division, service, office, officer, authority, administration, or other establishment, in the executive branch of the Government. Such term includes the Comptroller General of the United States and the General Accounting Office, and includes any and all parts of the municipal government of the District of Columbia except the courts thereof.

"(m) There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this section. Appropriations for the expenses of the joint committee shall be disbursed by the Secretary of the Senate upon vouchers signed by the chairman or vice chairman."

THE LIBRARY OF CONGRESS, LEGISLATIVE REFERENCE SERVICE, Washington 25, D. C.

ANALYSIS OF S. 913, EIGHTY-SECOND CONGRESS

Amends section 138 of the Legislative Reorganization Act of 1946 (Public Law 601, 79th Cong.; 60 Stat. 812, 832) for the purpose of establishing a new and more effective method for handling budget matters.

Technically, the amendment wipes out the existing section 138 provisions which give authority and direction in budget matter to the House Committees an Appropriations and Ways and Means, and the Senate Committees on Appropriations and Finance, replacing such provisions with language setting up a new method described as follows:

SECTION 138

Subsection (a) creates the Joint Committee on the Budget composed of 10 members as follows: Five member of the Senate Appropriations Committee

chosen by such committee (three majority, 2 minority): five members of the House Appropriations Committee chosen by such committee (three majority, two minority).

Subsection (b) provides that vacancies shall not affect the power of remaining members to execute the functions of the joint committee. Vacancies shall be filled in the same manner as the original selection, except that—

(1) A vacany during adjournment or recess of Congress for more than 2 weeks shall be filled by members of the joint committee who are members of the Senate or House Appropriations Committee entitled to fill such vacancy.

(2) A vacancy after expiration of a Congress which would be filled from the House Appropriations Committee shall be filled by House Members still on the joint committee. Persons designated for such vacancies shall have been mem bers of the House Appropriations Committee upon expiration of the Congress and shall have been reelected to the House.

No person shall continue to serve as a member of the joint committee after he ceases to be a member of the committee from which he was chosen for such service.

Subsection (e) directs the joint committee to elect its chairman and vice chairman at the first regular meeting of each session. In even years the chairman shall be selected from the House membership and the vice chairman from the Senate membership and in odd years vice versa.

Subsection (d) specifies that a majority of the Members of each House who are members of the joint committee shall together constitute a quorum for the transaction of business. The joint committee may designate a lesser number to constitute a subcommittee for the purpose of conducting hearings and making investigations. Any member of such subcommittee shall constitute a quorum but reports or findings shall require concurrence of a majority of the members before submission to the joint committee.

Subsection (e) charges the joint committee with the following duties: (1) Informing itself on all matters relating to the annual budget of the agencies of the Federal Government;

(2) Providing the Senate and House Appropriations Committees with the necessary information on budget items and justifications;

(3) Considering all available information relating to estimated revenues (including revenue estimates of the Joint Committee on Internal Revenue Taxation), essential programs, and changing economic conditions;

(4) Reporting (on the basis of considerations under (3) supra) to the Appropriations Committees findings relating to revisions in appropriations required to hold expenditures to the minimum consistent with the requirements of Government operations and national security;

(5) Recommending to appropriate standing committees such changes in existing laws as may effect greater efficiency and economy in the Government; and (6) Making such reports and recommendations to standing committees or any subcommittees thereof on matters within the jurisdiction of such standing committee relating to deviations from basic legislative authorization, or in relation to appropriations approved by Congress which are not consistent with such basic legislative authorization, as may be deemed necessary or advisable by the joint committee, or as may be requested by a standing committee or subcommittee thereof.

Subsection (f) empowers the joint committee or any subcommittee thereof(1) To hold hearings anywhere in the United States whether the Congress is in session or not;

(2) To require by subpena or otherwise the attendance of witnesses and the production of books, papers, and documents;

(3) To administer oaths;

(4) To take testimony;

(5) To have printing and binding done; and

(6) To make expenditures within the amount appropriated therefor. Subpenas shall be issued under the name of the chairman or vice chairman and served by their designees. Failure of any witness to comply with any subpena or to testify when summoned under authority of this section shall subject such witness to the operation of sections 102-104 of the Revised Statutes (U. S. C. 2: 192-194) which provide penalties for refusal to appear, produce papers, etc., when summoned by a congressional committee.

Subsection (g) directs the joint committee (without regard to the civil service laws or the Classification Act of 1949) to employ and fix the compensation of a staff director and other professional, technical, and clerical employees. No

person shall be employed until thoroughly investigated by the FBI and a favorable report thereon sent to the chairman or vice chairman.

Subsection (h) directs the joint committee to assign members of its staff to assist the Senate and House Appropriations committees when appropriation bills are pending therein.

Subsection (i) gives authorized employees the right to examine the books, documents, records, etc., of any Federal agency (specific authorization shall be required before such employee is permitted access to information classified for security purposes).

Subsection (j) charges each agency of the Government with the duty of supplying the joint committee, upon its request, of copies of any budgetary request submitted to the Bureau of the Budget for appropriations with detailed justifications, thereof. Staff members are authorized to attend hearings of the Bureau of the Budget at which agency representatives justify their budgetary requests.

Subsection (k) authorizes Bureau of the Budget staff members, upon request of the Appropriations Committees, to attend executive sessions of such committees, and to explain the content and basis of proposed appropriations.

Subsection (1) defines "agency" to mean any executive department, commission, council, independent establishment, Government corporation, board, bureau, division, service, office, officer, authority, administration, or other establishment in the executive branch of the Government (includes all parts of the municipal government of the District of Columbia except its courts).

Subsection (m) authorizes necessary appropriations which shall be disbursed by the Secretary of the Senate. EDWIN B. KENNERLY, American Law Section.

(A copy of S. 2898, 81st Cong., 2d sess., follows:)

[S. 2898, 81st Cong., 2d sess.]

A BILL To amend the Legislative Reorganization Act of 1946 to provide for more effective evaluation of the fiscal requirements of the executive agencies of the Government of the United States

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 138 of the Legislative Reorganization Act of 1946, as amended, is hereby amended to read as follows:

"JOINT COMMITTEE ON THE BUDGET

"SEC. 138. (a) There is hereby created a joint service committee to be known as the Joint Committee on the Budget (hereinafter in this section called the "joint committee") to be composed of ten members as follows:

"(1) Five Members who are members of the Committee on Appropriations of the Senate, three from the majority party and two from the minority party, to be chosen by such committee; and

"(2) Five Members who are members of the Committee on Appropriations of the House of Representatives, three from the majority party and two from the minority party, to be chosen by such committee.

"(b) No person shall continue to serve as a member of the joint committee after he has ceased to be a member of the committee from which he was chosen, except that the members chosen by the Committee on Appropriations of the House of Representatives who have been reelected may continue to serve as members of the joint committee nowithstanding the expiration of the Congress. A vacancy in the joint committee shall not affect the power of the remaining members to execute the functions of the joint committee, and shall be filled in the same manner as the original selection, except that (1) in case of a vacancy during an adjournment or recess of Congress for a period of more than two weeks, the members of the joint committee who are members of the committee entitled to fill such vacancy may designate a member of such committee to serve until his successor is chosen by such committee, and (2) in the case of a vacancy after the expiration of a Congress which would be filled from the Committee on Appropriations of the House of Representatives, the members of such committee who are continuing to serve as members of the joint committee, may designate a person who, immediately prior to such expiration, was a member of such committee and who is reelected to the House of Representatives, to serve until his successor is chosen by such committee.

"(c) The joint committee shall elect a chairman and vice chairman from among its members at the first regular meeting of each session: Provided, however, That during even years the chairman shall be selected from among the members who are Members of the House of Representatives and the vice chairman shall be selected from among the members who are Members of the Senate, and during odd years the chairman shall be selected from among the members who are Members of the Senate and the vice chairman shall be selected from among the members who are Members of the House of Representatives.

"(d) A majority of the Members of each House who are members of the joint committee shall together constitute a quorum for the transaction of business, but a lesser number, as determined by the joint committee, may constitute a subcommittee and be authorized to conduct hearings and make investigations. Any member of a subcommittee so designated shall constitute a quorum for the conduct of any hearing or investigation, but the concurrence of a majority of the members of such subcommittee shall be necessary before any report or findings may be submitted to the joint committee.

"(e) It shall be the duty of the joint committee

"(1) (A) to inform itself on all matters relating to the annual budget of the agencies of the United States Government, during and after the preparation thereof; (B) to provide the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate with such information on items contained in such budget, and the justifications submitted in support thereof, as may be necessary to enable said committees to give adequate consideration thereto; and (C) to consider all available information relating to estimated revenues, essential programs, and changing economic conditions, and, on the basis thereof, report to said committees findings relating to necessary adjustments or revisions in appropriations as may be required to balance the budget;

"(2) to recommend to the appropriate standing committees of the House of Representatives and the Senate such changes in existing laws as may effect greater efficiency and economy in government;

"(3) to make such reports and recommendations to any standing committee of either House of Congress or any subcommittee thereof on matters within the jurisdiction of such standing committee relating to deviations from basic legislative authorization, or in relation to appropriations approved by Congress which are not consistent with such basic legislative authorization, as may be deemed necessary or advisable by the joint committee, or as may be requested by any standing committee of either House of Congress or by any subcommittee thereof.

"(f) The joint committee, or any subcommittee thereof, shall have power to hold hearings and to sit and act anywhere within or without the District of Columbia whether the Congress is in session or has adjounred or is in recess; to require by subpena or otherwise the attendance of witnesses and the production of books, papers, and documents; to administer oaths; to take testimony; to have printing and binding done; and to make such expenditures as it deems advisable within the amount appropriated therefor. Subpenas shall be issued under the signature of the chairman or vice chairman of the committee and shall be served by any person designated by them. The provisions of section 102 to 104, inclusive, of the Revised Statutes (U. S. C., title 2, secs. 192-194) shall apply in the case of any failure of any witness to comply with any subpena or to testify when summoned under authority of this section.

"(g) Employees of the joint committee, upon the written authority of the chairman or vice chairman, shall have the right to examine the books, documents, papers, reports, preliminary and other estimates of budget requirements, or other records of any agency of the United States Government within or without the District of Columbia: Provided, however, That such employees shall not be permitted access to books, documents, papers, reports, estimates, records, or any other thing containing information classified for security purposes unless specifically authorized by the joint committee to receive such types of classified information.

"(h) At the request of any member of the Committee on Appropriations of either House or of any member of a subcommittee thereof, or at the request of any member of the staffs of such committees or subcommittees, professional employees of the joint committee may be detailed to advise and assist such committees or subcommittees or the staffs thereof during consideration of any appropriation bill or part thereof.

"(i) The joint committee shall, without regard to the civil-service laws or the Classification Act of 1949, as amended, employ and fix the compensation of a staff director and such other professional, technical, clerical, and other employees, temporary or permanent, as may be necessary to carry out the duties of the joint committee, and all such employees shall be appointed without regard to political affiliation and solely on the ground of fitness to perform the duties to which they may be assigned: Provided, however, That such appointment may be terminated by the concurrence of a majority of the members of the joint committee. No person shall be employed by the joint committee until a thorough investigation as to loyalty and security shall have been made by the Federal Bureau of Investigation and a favorable report on said investigation submitted to the chairman or vice chairman.

"(j) It shall be the duty of each agency of the Government to supply to the joint committee duplicate copies of any budgetary request submitted to the Bureau of the Budget, either for regular or supplemental appropriations required for each fiscal year, with the detailed justifications in support thereof.

"(k) When used in this section, the term 'agency' means any executive department, commission, council, independent establishment, Government corporation, board, bureau, division, service, office, officer, authority, administration, or other establishment, in the executive branch of the Government. Such term includes the Comptroller General of the United States and the General Accounting Office, and includes any and all parts of the municipal government of the District of Columbia except the courts thereof.

"(1) There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this section. Appropriations for the expenses of the joint committee shall be disbursed by the Secretary of the Senate upon vouchers signed by the chairman or vice chairman."

Senator SCHOEPPEL. Might I say at this stage in the opening of these hearings on this measure that I think it is most commendable on your part as chairman of this committee to give us this outline, brief as it is, and preceding the series of hearings which we will probably have on this measure. I think all of us realize that this will provide the necessary gap that exists at the present time that you have so ably and forthrightly pointed out here.

I want to commend you, sir. And I want to assure you that I think it should receive the most careful consideration of all of us on this committee, and further, the Members of the Senate.

The CHAIRMAN. Thank you very much.

Senator MOODY. I should just like to say that while I have not had an opportunity to study the provisions of the bill, I completely associate myself with the Senator from Kansas in commending the chairman on this whole idea. It seems to me the responsibility of Congress in handling the budget in the past has been weakened due to the fact that its committees have not been adequately staffed. I am glad to see that you have initiated this effort, and I hope we will report out a bill that we can take up in the Senate with a view to effecting an adequate solution to the problem.

The CHAIRMAN. Thank you, Senator Moody.

I may say further for the record that I realize that everything this bill intends to do could be done possibly by the Appropriations Committees at present if adequate staffs were provided, but should the two committees set up the necessary staffs to do this job for each, we would have duplication of expense, and we would not get the coordination between the two Appropriations Committees that this joint committee envisions.

Congress long ago realized that we should try to do something along this line. As you will recall, section 138 of the Legislative Reorganization Act, which the pending bill would repeal, undertook to set