S. CON. RES. 2

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP71B00364R000600150008-8
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 10
• Document Creation Date: December 19, 2016
• Document Release Date: April 11, 2005
• Sequence Number: 8
• Publication Date: March 11, 1965
• Content Type: REGULATION

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i )TII CONGRESS
SIoN
1ST SESSION
S
. CON. RES. 2
IN THE SENATE OF THE UNITED STATES
:vhacu 11, 1965
Ordered to be printed as passed
CONCURRENT RESOLUTION
Resolved by the Senate (the house of R'epi?esentatives concurring),
That there is hereby established a Joint Committee on the Organiza-
tion of the Congress (hereinafter referred to as the committee) to be
composed of six Members of the Senate (not more than three of whom
shall be members of the majority party) to be appointed by the Presi-
dent of the Senate, and six Members of the House of Representatives
(not more than three of whom shall be members of the majority party)
to be appointed by the Speaker of the House of Representatives. The
committee shall select a chairman and a vice chairman from among
its members. No recommendation shall be made by the committee
except upon a majority vote of the Members representing each House,
taken separately.
SEC. 2. The committee shall make a full and complete study of the
organization and operation of the Congress of the United States and
shall recommend improvements in such organization and operation
with a view toward strengthening the Congress, simplifying its opera-
tions, improving its relationships with other branches of the United
States Government, and enabling it better to meet its responsibilities
under the Constitution. This study shall include, but shall not be
limited to, the organization and operation of each House of the. Con-
gress; the relationship between the two Houses; the relationships
between the Congress and other branches of the Government; the
employment and remuneration of officers and employees of the respec-
tive Houses and officers and employees of the committees and Mem-
ber's of Congress; and the structure of, and the relationships between,
the various standing, special, and select committees of the Congress :
Provided, That nothing in this concurrent resolution shall be con-
strued to authorize the committee to make any recommendations with
respect to the rules, parliamentary procedure, practices, and/or prece-
dents of either House, or the consideration of any matter on the floor
of either House: Provided further, That the language employed
herein shall not prohibit the committee from studying and recom-
mending the consolidations and reorganization of committees,
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Snc. 3. (a) The committee, or any duly authorized subcommittee
thereof, is authorized to sit and act at such places and times during
the sessions, recesses, and adjourned periods of the Eighty-ninth Con-
gress, to require by subpena or otherwise the attendance of such
witnesses and the production of such books, papers, and documents,
to administer such oaths, to take such testimony, to procure such
printing and binding, and to make such expenditures, as it deems
advisable.
(b) The committee is empowered to appoint and fix the compen-
sation of such experts, consultants, technicians, and clerical and
stenographic assistants as it deems necessary and advisable.
(c) The expenses of the committee, which shall not exceed $150,000
through January 31, 1966, shall be paid from the contingent fund of
the Senate upon vouchers signed by the chairman.
(d) The committee shall report from time to time to the Senate and
the House of Representatives the results of its study, together with its
recommendations, the first report being made not later than one hun-
dred and twenty days after the effective date of this concurrent reso-
lution. If the Senate, the House of Representatives, or both, are in
recess or have adjourned, the report shall be made to the Secretary of
the Senate or the Clerk of the House of Representatives, or both,
as the case may be. All reports and findings of the committee shall,
when received, be referred to the Committee on Rules and Adminis-
tration of the Senate and the appropriate committees of the House
O
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Joint Committee on the Organization of the Congress
Summary of Hearings, May 13, 1965
The Joint Committee opened its fourth hearing at 10:09 a.m.,
Senator Monroney presiding, with Senator Boggs and Representatives
Madden and Hechier attending. Senator Metcalf and Representatives
Curtis, Griffin, and Hall later joined the proceedings.
Senator Monroney put into the record a letter from the Hon.
Marvin Jones, Judge of the Court of Claims.
The Joint Committee heard four witnesses: Representatives
D. R. Billy Matthews, Florida, Morris K. Udall, Arizona, Hervey 3s.
Machen, Maryland, and Jonathan B. Bingham, New York.
Rep. Matthews, the first witness, thought some criticism of
Congress unfair; he did not favor the radical reform pr.cposals advancecl by
others. The seniority system produces well-informed chairmen. Nr.
Matthews recommended:
1) That Congress adhere to a definite adjournment date, except
in cases of national emergency.
2) That better committee attendance be encouraged by making
public the names of Members present at committee meetings.
3) That each committee chairman appoint a vice chairman to
preside in the former's absence.
4) That the Joint Committee consider recommending joint ry.ntro-
duction of bills in the House of Representatives.
5) That a Constitutional Amendment be adopted providing for
staggered four-year terms for Representatives, with a clause prohibiting
sitting Representatives from running for another legislative office during
their terms.
6) That the Congressional Record's format be made more at-
tractive, and an effective restriction be placed on extraneous material
put into it.
Mr. Matthews felt tht the Rules Committee, because it has no
specific provincial interests, serves to check proposed legislation and
to give other Members a final chance to appear and discuss the merits of
proposed legislation.
During the discussion that followed, Mr. Matthews suggested the
douse could save some time by dropping its practice of prohibiting ~-ecord
votes on days when primary elections were being held. He supported
Senator Boggsl suggestion that a sitting Member of Congress, when ap-
pointed to the Cabinet, should be permitted to finish his term. Mr.
Matthews felt the disadvantages of electronic voting outweighed the ad-
vantages. Senator Boggs observed that such a system may not neces-
sarily work as well in Congress as it does in the state legislatures.
Representative Udall, the second witness, dealt. with the
seniority system and the scheduling of Congressional business. Th--
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Jt. Ctee. on Organization
Summary of Hearings, 5/13/65
Page two
seniority system is Congress' basic illness. He recited and criticiz.d
its four main defenses: 1) It offers security. 2) It offers relief from
internal strife. 3) It rewards experience. 4) It prevents centralize--.-
tion of power.
The system!a basic fault is that, "it violates the primary sr.fe-
guard of democratic government. " A committee chairman has broad
national powers but is presently accountable only to his own small con-
stituency. Related faults include: 1) fragmented power; 2) chairmen
unresponsive to the views of their own committees; 3) excessive block-
ing power in the hands of one man; 4) denial of democracy within com-
mittees and within the caucus; 5) inflexibility of the system; 6) disre-
gard of factors other than experience; 7) failure to provide lateral entry,
even to former Members.
After citing several examples of the system at its worst, M.
Udall urged that, at the beginning of each Congress, the majority party
caucus elect, by secret ballot, the chairmen of each standing committee
from among the three senior majority members of that committee, The
minority party would pick its ranking member in the same manner.
Mr. Udall stressed these advantages of his recommendation:
1) Committee chairmen and ranking minority members would be more
responsive to their colleagues and to the Nation. 2) It would strengthen
the national party structure. 3) It would strengthen our basic systern of
representative government. 4) It would bring about a resurgence of
Congress' influence and prestige. Congress could move more often as
a policy-initiating body. 5) It would avoid a return to Cannonism, y(--t
increase the Speaker's ability to lead the party. 6) It would enable
Congress to give weight to qualifications other than tenure. The im-
portance of experience and extensive service would still be recognized.
7) The secret ballot would minimize conflict, infighting, and fear of
reprisals. 8) It would continue to provide incentive for long, diligent
service. 9) Only the few wrong chairmen would be replaced.
Turning to the scheduling of Congressional business, Mr. Udall
advocated shorter sessions which, he suggested, could be accomplished
by better use of time. He advanced three specific proposals; 1) Empha-
size committee work at the session's beginning; stress floor business as
the session nears its end, 2) Change the weekly schedule to three full
days of committee work and two full days of heavy legislative business on
the floor. :3) Fill the week with meaningful work instead of wasting
Fridays and Mondays.
A general discussion of the seniority system ensued. Senator
Metcalf suggested reducing the powers of chairmen as an alternative :o
modifying the seniority system, Mr. Curtis felt that rotating chairman-
ships would cure some ills of the system. His own proposal to limit
continuous service of Representatives to 12 years would accomplish this.
He noted the practice of rotating chairmansaips on some joint committees.
Mr. Udall disagreed with Senator 3oggs' contention that the seniority
system was a safeguard for small states.
Mr. Griffin observed that the seniority system was within ti e
province of the parties of Congress: the pertinent House Rule calls for
election of committee chairmen by the House. He also pointed out that
the power of some chairmen is often given to them by their own commit-
tees. Mr. Hechler noted that the military does not adhere to the seniority
system,
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Jt. Ctee. on Organization
Summary of Hearings, 5/13/65
Page three
The next witness, Mr. Machen, spoke in favor of his resolu-
tion to provide for a summer intern program in Congressional offices,
He would raise to 16 the total number of employees permitted in a
Congressional office from June to August, inclusive. Mr. Machen ?.ore-
saw two benefits: 1) It would provide Members with additional office
help at no extra cost to Congress. 2) It would give young people valu-
able insights into the legislative process.
Mr. Bingham, the final witness, urged creation of a joint com-
mittee on the intelligence operations of the Zxecutive Department. He
expressed concern because overseas operations of the CIA are not re-
viewed by responsible leaders of the Foreign Affairs and Foreign Rela-
tions Committees,
To deal with freshmen Congressmen's problems, Mr. Bingham
suggested: 1) Formal and extended orientation and indoctrin ation pro-
grams to begin before the House meets in January. He also urged twat
advance training be given to new Congressmen's staffs. 2) More in-
tensive briefing of the Member;; by representatives of the executive de-
partments and agencies. 3) More intensive training on the Rules and
Procedures of Congress.
After some discussion of Mr. Bingham's proposals, the Joint
Committee recessed at 12:34 until Monday.
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CONGRESS OF THE UNITED STATES
Joint Committee on Organization
JONATHAN B. BINGHAM
Member of Congress
23rd District. New York
May 13. 1965
1. appreciate the opportunity to appear today before the Joint Committee on the
Organization of the Congress. I will not try to advise my colleagues on mrtters
pertaining to rules and procedures of the Congress. Four months' experience in the
House hardly qualifies me to make informed judgments on questions of this tyr!. Rather,
I appear here today to discuss two questions on which I do have some qualifications.
One of these involves the foreign policy function of the Congress, about which I have
made some tentative judgments throughout a number of years of service in the Exncutiva
Branch. The other is a subject on which I am unquestionably an expert: thn freshr:pan
Congressman's problem in qualifying to meet his responsibility to the House.
I strongly urge this Committee to recommend the-creation of a Joint Committee on
the intelligence operations of the Executive Department. This was recom:r^nded by the
Hoover Commission Task Force in 1955. From time to time since then, it has La-.n endorsed
by various Senators and members of the House of Representatives as well as bS, nar>y
careful observers of the national scene. including the Washington Post and tte New York
Times.
Historically the Central Intelligence Agency has opposed any such Joint -;Dmmittee
for legislative oversight. It prefers the-present system whereby-its-operatio_:s are
.scrutinized by select- subcommittees-of the armed services and the.appropriati-.is
committees. In 1956 its influence was sufficient to defeat S. Con. Res 2,'w1:ich-would
have created a Joint Committee on Central Intelligence drawn exclusively froe the
subcommittees to which the C.I.A. then, and now, reports. It is interesting ': note
that the 1956 proposal carried the sponsorship of the present Vice President, the.-
Majority Leader of the Senate, the Chairman of the Foreign Rc7_-:;?-_ons Cor,,mittee, the
Majority Whip and a member of this Joint Committee, Senator Mundt.
My recommendation is broader than the proposal which was rejected by the '1enate
nine years ago which restricted oversight to the armed services and appropriations
committee). However, I firmly believe that intervening events warrant a revi~!'.a of
this problem.
Rejection of the Senate Con. Res. 2 in 1956 came at a time when C.I.A.'s _rublicly
known function was exclusively one of fact-finding. Even them, the search for
information was carried on in foreign countries, some friendly and some quite
belligerent, and the nature of securing information was such that there was a profound
risk of antagonizing a foreign sovereign if there was any disclosure of our ef_orts.
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I am concerned because these overseas operations are not reviewed by reso:3nsible
leaders of the Foreign Affairs and Foreign Relations Committees. Moreover. I -would not
restrict the oversight of such a joint committee exclusively to operations of the CIA.
I would like to see all international intelligence activities of the Federal government
reviewed by one joint committee.
I want to make it clear that I am not criticising the operations of the ::.I.A. I
do not claim to have sufficient information on which to form such a judgment. Moreover,
I doubt that most of our colleagues have such information. I do not propose t:iat they
should have it. All that I suggest is that there be a Joint Committee compos:.d of thoseSTAT
oversight function,
can give us guidance in discharging our l~gislative
Legislative oversight would also serve the function of making sure that 111
international intelligence and activities are mutually compatible. I questio'.I, for
example, whether the Senate Foreign Relations Committee would want to recomme,~c the
confirmation of an ambassador in a country where intensive C.I.A. activities are
required but where the background and nature of the man nominated for the post. precludes
informing him of the activities. I would prefer the assurance that a Joint Committee
reviewed intelligence operations before t voted for foreign aid authorization?: or
appropriations to a government where our intelligence organizations might be operating
contrary to the interests of that government.
I would suggest that the Joint Committee be selected by the Speaker of the House,
the Minority Leader of the House and the Ma?ority and Minority Leaders of the Senate,
from among the Members of the Committees concerned with international relatior..s. armed
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services and appropriations. In this way, the key selections would be made b) those
who have demonstrated that they have the respect and esteem of their colleagues. I
would feel more confident if I knew that Speaker McCormack, whose perception end
patriotism are well-known to us all, played a key role in the legislative oversight of
this vital governmental function. I would also feel more confident if I knew that the
leaders of the Committees charged with the general responsibility of legie.lat ve oversight
of international affairs were regularly, and as a matter of right, helping to review all
the overseas intelligence and action programs of the Executive Branch of the fcvernment.
Experience with the Joint Committee on Atomic Energy demonstrates the benefit of such
an approach and the fact that Members of Congress can be trusted with nationa'_ secrets.
I turn now to a totally different topic. This is the problem of how bes to enable
freshmen Members of the House of Representatives to meet their legislative re-:ponsibilities.
At the outset of this part of my testimony I want to acknowledge the kindness t:nd the
aid given to freshmen by the leadership of the House and those who partic-_pat_c: in the
sessions organized by Congressman Udall's group and the American Politica Science
Association. In addition, many of the senior members of the House also have peen very
helpful. My suggestions are not intended to suggest that there is any desire i_o
terminate this type of help or that it has not been a major asset to new Congressmen.
However, I do think that, even with this help, there are some actions which cmild be
taken which could ease the transition from Congressman-elect to Congressman.
First, I suggest that the orientation and indoctrination should be m-are nrmal
and of longer duration. I think that it might very well start before the Hoes, meets
in January and should be conducted over a longer period.
I think, too, that training should be giv en to the new Congressman's staff. I
would suggest that a new Congressman be given funds to hire a few key people before
the session starts (exactly the way the privilege of the frank is extended tc =ongressmen-
elect) and that these employees be given the training needed before the sessioi starts.
An Administrative Assistant, a case worker and at least one key clerical will )redictably
be needed in every freshman's office. They help to make the Congressman more affective.
They need orientation, even if they have previously worked on. the Hill, and particularly
if they have not.
I would also suggest that the orientation sessions be broadened in two particulars
for the new Congressmen. First, there should be more intensive briefing by representatives
of the Departments and agencies. It is important that every Congressman be intimately
familiar with the working of the Executive Department and independent agencies to know
what help he can get, what problems they have faced and what programs they a)e pursuing.
Votes come too early in the session to permit intensive education between the time the
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In addition, I feel the need for intensive training on the rules and pzo._edures.
Speaker McCormack has properly advised every freshman to master the rules and we did
have limited instruction on how some of them operate. However, they are long,
involved and obscure. No doubt, they have great virtue when viewed in perspective,
but it is difficult to tell which ones are important and which ones are the ar~oduct of
ritual and are more lightly regarded. For example, Rule XV states that when a roll
call is underway, the doors of the House will be shut. However, there is easy access
to the Floor through the Speaker's Lobby. The freshman needs to knew what Other rules
are similarly treated.
Many of us who have come to serve in the Congress are lawyers. We have all had to
master the rules of civil and of criminal procedures. Most of us have had extensive
experience in organizations and, of course, have developed some familiar:ty 'filth
Roberts Rules. Those who served in state or municipal legislatures deve:?ope.i some
skill at living within rules and procedures of legislative institutions. Ho:=fever none
of these bodies of rules are the same as those which prevail in the House of
Representatives.
It is the rules and procedures which control how bills come to the Floor. how they
are clarified and altered and how debate will be conducted. Just as we were told by
Speaker McCormack, there are few members who have a complete mastery of the rules of
debate and we have all seen some senior Members fall afoul of the procedures I do
not anticipate that any freshman could master these rules and precedents in classroom
instruction, but I do believe that we could do better and we could have the chance to
understand the reasons for some of them and how best to use them.
There are, of course, certain partisan matters and some purely political techniques
which are useful. These are properly left to our Party leadership, in and out of the
Congress. This is a course of study where none of us are novices but few art experts.
Graduate study in this field is our responsibility alone and we are aided by colleagues
from our own Party (and sometimes a friend on the other side of the aisle). Av
proposals are confined to those matters which every Congressman and his key staff members
should know, to help him better meet his responsibility as a Member of the Heise of
Representatives.
I would close by repeating my opening statement of gratitude for the help I and my
colleagues have received. We have no grounds for complaint. My suggestions are, in
large measure, the result of my appreciation for what such training can d--3. y think it
safe to say that we have learned enough to know how much more we must learn before we
can fully turn our background and desires into constructive contributions to the work
of the Congress.
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