MR. CELLER, FROM THE COMMITTEE OF CONFERENCE, SUBMITTED THE FOLLOWING CONFERENCE REPORT
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Document Number (FOIA) /ESDN (CREST):
CIA-RDP58-00597A000100160032-1
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RIFPUB
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K
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5
Document Creation Date:
December 15, 2016
Document Release Date:
January 30, 2004
Sequence Number:
32
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Publication Date:
July 26, 1955
Content Type:
REGULATION
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84TH CONGRESS HOUSE OF REPRESENTATIVES I REPORT
1st Session No. 1407
ESTABLISHING A COMMISSION ON GOVERNMENT
SECURITY
Mr. CELLER, from the committee of conference, submitted the
following
CONFERENCE REPORT
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the joint resolution (H. J.
Res. 157) establishing a Commission on Government Security, having
met, after full and free conference, have agreed to recommend and
do recommend to their respective Houses as follows:
That the House recede from its disagreement to the amendment of
the Senate and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate amend-
ment insert the following:
SECTION 1. It is vital to the welfare and safety of the United States
that there be adequate protection of the national security, including the
safeguarding of all national defense secrets and public and private
defense installations, against loss or compromise arising from espionage,
sabotage, disloyalty, subversive activities, or unauthorized disclosures.
It is, therefore, the policy of the Congress that there shall exist a sound
Government program-
(a) establishing procedures for security investigation, evaluation,
and, where necessary, adjudication of Government employees, and
also appropriate security requirements with respect to persons
privately employed or occupied on work requiring access to national
defense secrets or work affording significant opportunity for injury
to the national security;
(b) for vigorous enforcement of effective and realistic security laws
and regulations; and
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(c) for a careful, consistent, and efficient administration of this
policy in a manner which will protect the national security and
preserve basic American rights.
SEC. 2. (a) For the purpose of carrying out the policy set forth in
the first section of this joint resolution, there is hereby established a com-
mission to be known as the Commission on Government Security (here-
inafter referred to as the "Commission").
(b) The Commission shall be composed of twelve members as follows:
(1) Four appointed by the President of the United States, two from
the executive branch of the Government and two from private life;
(2) Four appointed by the President of the Senate, two from the Senate
and two from private life; and
(3) Four appointed by the Speaker of the House of Representatives,
two from the House of Representatives and two from private life.
(c) Of the members appointed to the Commission not more than two
shall be appointed by the President of the United States, or the President
of the Senate, or the Speaker of the House of Representatives from the
same political party.
(d) Any vacancy in the Commission shall not affect its powers, but
shall be filled in the same manner in which the original appointment was
made.
(e) Service of an individual as a member of the Commission or employ-
ment of an individual by the Commission as an attorney or expert in any
business or professional field, on a part-time or full-time basis, with or
without compensation, shall not be considered as service or employment
bringing such individual within the provisions of section 281, 283, 284,
434, or 1914 of title 18 of the United States Code, or section 190 of the
Revised Statutes (5 b. S. C. 99).
(f) The Commission shall elect a Chairman and a Vice Chairman
from among its members.
(g) Seven members of the Commission shall constitute a quorum.
Each subcommittee of the Commission shall consist of at least three
members of the Commission.
SEC. 3. (a) Members of the Congress who are members of the Com-
mission shall serve without compensation in addition to that received for
their services as Members of Congress; but they shall be reimbursed for
travel, subsistence, and other necessary expenses incurred by them in the
performance of the duties vested in the Commission.
(b) The members of the Commission who are in the executive branch
of the Government shall serve without compensation in addition to that
received for their services in the executive branch, but they shall be reim-
bursed for travel, subsistence, and other necessary expenses incurred by
them in the performance of the duties vested in the Commission.
(c) The members of the Commission from private life shall each, receive
$50 per diem when engaged in the actual performance of duties vested in
the Commission, plus reimbursement for travel, subsistence, and other
necessary expenses incurred by them in the performance of such duties.
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STAFF OF THE COMMISSION
SEC. 4. (a) (1) The Commission shall have power to appoint and fix
the compensation of such personnel as it deems advisable, without regard
to the provisions of the civil-service laws and the Classification Act of
1949, as amended.
(2) The Commission may procure, without regard to the civil-service
laws and the Classification Act of 1949, as amended, temporary and
intermittent services to the same extent as is authorized for the depart-
ments by section 15 of the Act of August 2, 1946 (60 Stat. 810), but at
rates not to exceed $50 per diem for individuals.
(b) All employees of the Commission shall be investigated by the
Federal Bureau of Investigation as to character, associations, and loyalty
and a report of each such investigation shall be furnished to the
Commission.
EXPENSES OF THE COMMISSION
SEC. 5. There is hereby authorized to be appropriated, out of any
money in the Treasury not otherwise appropriated ' such sums as may
be necessary to carry out the provisions of this joint resolution.
DUTIES OF THE COMMISSION
SEC. 6. The Commission shall study and investigate the entire Govern-
ment security program, including the various statutes, Presidential orders,
and administrative regulations and directives under which the Government
seeks to protect the national security, national defense secrets, and public
and private. defense installations, against loss or injury arising from
espionage, disloyalty, subversive activity, sabotage, or unauthorized dis-
closures, together with the actual manner in which such statutes, Presi-
dential orders, administrative regulations, and directives have been and
are being administered and implemented, with a view to determining
whether existing requirements, practices, and procedures are in accordance
with the policies set forth in the first section of this joint resolution, and to
recommending such changes as it may determine are necessary or desirable.
The Commission shall also consider and submit reports and recommenda-
tions on the adequacy or deficiencies of existing statutes, Presidential
orders, administrative regulations, and directives, and the administration
of such statutes, orders, regulations, and directives, from the standpoints
of internal consistency of the overall security program and effective
protection and maintenance of the national security.
POWERS OF THE COMMISSION
SEC. 7. (a) The Commission or, on the authorization of the Commis-
sion, any subcommittee thereof, may, for the purpose of carrying out the
provisions of this joint resolution, hold such hearings and sit and act at
such times and places, administer such oaths, and require, by subpena or
otherwise, the attendance and testimony of such witnesses and the produc-
tion of such books, records, correspondence, memoranda, papers, and
documents as the Commission or such subcommittee may deem advisable.
Subpenas may be issued under the signature of the Chairman of the
Commission, or the Chairman of any subcommittee with the approval of a
majority of the members of such subcommittee and may be served by any
person designated by such Chairman. The provisions of sections 102 to
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104, inclusive, of the Revised Statutes (U. S. C., title 2, sees. 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.
(b) The Commission is authorized to secure directly from any execu-
tive department, bureau, agency, board, commission, ofice, independent
establishment, or instrumentality information, suggestions, estimates,
and statistics for the purposes of this joint resolution, and each such
department, bureau, agency, board, commission, office, establishment,
or instrumentality is authorized and directed to furnish such information,
suggestions, estimates, and statistics directly to the Commission, upon
request made by the Chairman or Vice Chairman.
INTERFERENCE WITH CRIMINAL PROSECUTIONS AND INVESTIGATIVE
AND INTELLIGENCE FUNCTIONS
SEC. 8. Nothing contained in this joint resolution shall be construed
to require any agency of the United States to release any information
possessed by it when, in, the opinion of the President, the disclosure of such
information would jeopardize or interfere with a pending or prospective
criminal prosecution, or with the carrying out of the intelligence or
investigative responsibilities of such agency, or would jeopardize or inter-
fere with the interests of national security.
SEC. 9. The Commission may submit interim reports to the Congress
and the President at such time or times as it deems advisable, and shall
submit its final report to the Congress and the President not later than
December 31, 1956. The final report of the Commission may propose
such legislative enactments and administrative actions as in its judgment
are necessary to carry out its recommendations. The Commission shall
cease to exist ninety days after submission of its final report.
And the Senate agree to the same.
EMANUEL CELLER,
FRANCIS E. WALTER,
KENNETH B. KEATING,
Managers on the Part of the House.
JOHN F. KENNEDY,
HUBERT H. HUMPHREY,
STUART SYMINGTON,
STROM THURMOND,
MARGARET CHASE SMITH,
NORRIS COTTON,
THOS. E. MARTIN,
Managers on the Part of the Senate.
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The managers on the part of the House at the conference on the
disagreeing votes of the two Houses on the amendment of the Senate
to the joint resolution (H. J. Res. 157) establishing a Commission on
Government Security, submit the following statement in explanation
of the effect of the action agreed upon by the conferees and recom-
mended in the accompanying conference report:
The House and Senate versions with respect to section 1 (a) were
substantially identical. The main difference was in the transposition
of phrases. The Senate version also included reference to procedures
for clearance of Government employees but the House version did not.
The conference report adopted the language as it appeared in the
Senate version but deleted reference to clearance of Government
employees.
In section 2 (g) the Senate version provided that each subcommittee
of the Commission should consist of at least three members. The
House version made no reference to the composition of subcommittees.
The conference report adopted the Senate language.
Section 8 of the joint resolution which relates to interference with
criminal prosecutions and investigative and intelligence functions
did not differ in substance in either the House or Senate version,
The House version made no specific reference to either investigative
responsibilities or to activities which would jeopardize or interfere
with the interest of national security. In the Senate version, how-
ever, reference to those two matters was specifically spelled out.
The conference report adopted the language of the Senate version.
Section 9, relating to the reports of the Commission, in the Senate
version fixed the date of final report as March 31, 1956. In the
House version the date was fixed at December 31, 1956. The con-
ference report adopted the House language and fixed the date at
December 31, 1956.
EMANUEL CELLER,
FRANCIS E. WALTER,
KENNETH B. KEATING,
Managers on the Part of the House.
O
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