SCHEDULE OF TOPICS, 1951-Continued

Congressional procedures

1. Electric voting in Congress

JUNE 18

2. A rule of relevancy in Senate debate

3. Modernizing the standing rules of the Senate

4. Joint hearings by parallel Senate and House committees

Administration of Congress

JUNE 19-20

1. Creation of an Office of Congressional Services

2. Administration of its housekeeping services

[S. 913, 82d Cong., 1st 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') and 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 to the House of Representatives may continue to serve as members of the joint committee notwithstanding 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 commitee, 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 committee to give adequate consideration thereto; and (C) to consider all available information relating to estimated revenues, including revenue estimates of the Joint Committee on Internal Revenue Taxation, essential programs, and changing economic conditions, and, on the basis thereof, report to said committees findings relating to revisions in appropriations requred to hold expenditures to the minimum consistent with the requirements of Government operations and national security:

"(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 adjourned 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 sections 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) 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 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 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.

"(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 subcommittee 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."

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The CHAIRMAN. The schedule of witnesses as arranged by the staff lists four Senators and one other witness who are to testify this morning.

Our first witness will be Senator Ferguson.

Senator Ferguson, the committee is indeed glad to have you open these hearings for us and to have the benefit of your testimony. You may proceed in your own way.

STATEMENT OF HON. HOMER FERGUSON, A UNITED STATES SENATOR FROM THE STATE OF MICHIGAN

Senator FERGUSON. Mr. Chairman and members of the committee, I am pleased and privileged to be your first witness in these hearings on the organization and operation of Congress. The chairman has suggested some matters in which I have a special interest that come within the general heading of "Committee structure and operation" which is your outlined topic for today's hearing. I want to speak specifically to those matters in this brief statement. But before doing so, with your indulgence and as a former member of this committee, I would like to say something about the very great importance of these hearings as I view them.

I want to assure you that I left this committee only because of the fact that I could not serve upon it and two other major committees— I was compelled to get off, rather than voluntarily leaving it-because I know of the importance of this committee's work.

These hearings carry out an assignment to this committee under the Reorganization Act of 1946. That is a tremendously significant assignment, and one which is not only of intimate and vital interest to every one of us in Congress, but to the Nation's welfare.

The Reorganization Act itself was of major proportions in the scheme of governmental affairs. The La Follette-Monroney hear ings were an exhaustive and genuinely authoritative research job. The act launched a number of reforms which were timely and, by and large, in my opinion, effective and well taken.

Incidentally, in his invitation to me, the chairman referred to an appraisal of the success of the act's reforms which was based upon

a survey conducted among members of Congress by my administrative assistant, William Reed, for an American Political Science Associated paper last December. The chairman suggested that the results of the survey might be helpful to the committee.

I now ask that a copy of that be made a part of my remarks for the benefit of the committee.

The CHAIRMAN. It may be entered in the record. (The document referred to above is as follows:)

QUESTIONNAIRE ON CONGRESSIONAL REORGANIZATION

SUBMITTED TO 67 SENATORS, 263 MEMBERS OF THE HOUSE OF REPRESENTATIVES

(Compiled by William R. Reed, December 27, 1950)

I. Please check your opinion of the effectiveness of these provisions of the Congressional Reorganization Act of 1946.

[Replies from 22 Senators (33 percent); 58 House Members (26 percent)]

II. Do you think further efforts at congressional reorganization are essential? (27 percent Senate, 45 percent House); desirable but not essential (50 percent Senate, 41 percent House); or not essential and undesirable (23 percent Senate, 12 percent House).

III. What phases of further congressional reorganization (including perfection of existing provisions) do you think should have priority? (Replies listed in order of frequency.)

Greater use of joint committees_.

Additional help for Members....

Modify seniority rules_--_

Eliminate special committees.

District of Columbia home rule_

Majority-minority policy committees...

Omnibus appropriation bill__

Legislative budget---.

Outlaw omnibus appropriation bill_

Better expenditures analyses..

Better committee staffing-

Majority-minority professional staffs on committees.

Reorganization of committees to distribute work to new Members_

Fuller notice of day's legislative program_.

Increase congressional pay--_.

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9

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6

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Also mentioned: Item veto on appropriations; more special committees; increase size of Appropriations and Judiciary Committees; reduce committee

staffs; regular schedule for sessions-fixed terminal date: rule of relevancy in Senate debate; eliminate filibusters; more liberality in House debate; improve floor procedures to expedite business; curb (House) Rules Committee; greater office space; fewer (Senate) committee assignments; appoint vice chairmen for committees; improve lobbyist registration; better assignment of committee jurisdictions; improve appropriations procedures; improve handling of private bills; greater liaison between Finance and Appropriation Committees; number all companion bills identically; eliminate Appropriations Committees.

While the reforms launched by the act have been largely successful they were admittedly incomplete. The purpose of the act and the original study was to gear the functioning of Congress to the facts of contemporary political and legislative life. That is a purpose which calls for constant self-examination and critical review by Congress itself, as the only authority capable of adapting its mechanisms and functions to its challenges and responsibilities. Hence the charge upon your committee and hence these hearings.

What are the facts of political and legislative life which are paramount and pertinent to your current inquiry? It is customary to point to the tremendous and ever-growing volume of legislative business. Statistics on the number of measures introduced, reported, and enacted, executive nominations received, days in session, and so on all make out a case for the tremendous burden of legislative duties. What statistics cannot show is the still increasing trend of constituent reliance upon Members of Congress to lead them through the governmental maze, where it has affected their individual lives and where they feel helpless and lost without the guiding hand our presumed acquaintance with governmental affairs can provide.

All those things most certainly point to the need for constant attention to the congressional machinery, so that it will be ever equal to the burdens placed upon it. But I see something more fundamental and compelling. It may be summarized in what I see as the swing of the pendulum back to a conception of Congress as the main bulwark of representative government in this country.

We are all familiar, of course, with the accent upon the executive branch which was born of depression, war, and other crises. The swing back to a reassertion of congressional authority in our scheme of things may be no more than a jealous resurgence of congressional prerogative. It may have been induced by a deterioration in executive prestige which was perhaps inevitable after close to two decades of unprecedented exaltation. I like to think that the swing has been impelled by the people themselves, who have recognized the unparalleled virtues in our system of checks and balances and seek to reconstitute Congress in its proper role as a prime guarantor of their rights and freedoms.

In any event, I think the swing is there. Congress is reassuming functions and responsibilities which in recent times it has waived or been deprived of. And the importance of that observation, if it is true and I sincerely believe it is true-lies in the context of our times. For we are in as great a period of stress and strain as our Nation has ever known.

The need for Congress to be fully equipped in its mechanisms to meet the challenge of the times and its responsibilities in these times is self-evident. It needs no emphasis. For this reason, I view your program as one of the highest order of importance to all of us and to the Nation.