[Deschler's Precedents, Volume 4, Chapters 15 - 17]
[Chapter 17. Committees]
[A. Creating and Organizing Committees]
[Â§ 7. Joint Committees]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 2604-2623]
 
                               CHAPTER 17
 
                               Committees
 
                 A. CREATING AND ORGANIZING COMMITTEES
 
Sec. 7. Joint Committees

    Joint committees may be created by statute (7) or by 
concurrent resolution.(8) Joint resolutions have been used 
to create joint committees for whatever period (or indefinitely) 
specified in that law,(9) but concurrent resolutions, which 
do not require the President's signature, have been used for this 
purpose with greater frequency although their duration cannot then 
extend beyond the Congress during which created.(10) Simple 
resolutions have been used in the past to appoint Members of the House 
to a committee to work in conjunction with a similar Senate committee, 
but this was infrequent.(11)
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 7. See, for example, 42 USC Sec. 2251 (Joint Committee on Atomic 
        Energy).
            According to Jefferson's Manual, the use of joint 
        committees originated in the English Parliament. See House 
        Rules and Manual Sec. 325 (1979). Indeed, a joint committee was 
        appointed to arrange for the inauguration of President 
        Washington. 3 Hinds' Precedents Sec. 1986.
 8. 3 Hinds' Precedents Sec. Sec. 1998, 1999; 4 Hinds' Precedents 
        Sec. Sec. 4409, 4410, 4412-4416; 6 Cannon's Precedents 
        Sec. 380.
 9. See, for example, 6 Cannon's Precedents Sec. 371.
10. See 4 Hinds' Precedents Sec. 4409, in which a joint resolution was 
        amended so that it became concurrent in form, and the signature 
        of President Andrew Johnson was not required.
11. 1 Hinds' Precedents Sec. 3; 3 Hinds' Precedents Sec. 1953; 4 Hinds' 
        Precedents Sec. 4411.
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    Members are selected for service on joint committees primarily 
through appointment by the Speaker. There have been instances, however, 
in which the members of a joint committee were elected by the 
House.(12)
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12. In 1821 the House ordered that the members from the House on the 
        joint committee on the admission of Missouri to statehood be 
        elected by ballot. 4 Hinds' Precedents Sec. 4471.
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    Recent joint committees have featured an equal number of members 
from both Houses, with the chairmanship alternating between the House 
and Senate. As distinguished from conference committees, voting is per 
capita--that is, with each member having one vote.(13)
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13. Historically, however, there were usually more House Members than 
        Senators on joint committees, although the voting was per 
        capita; a Senator often served as the joint committee chairman. 
        3 Hinds' Precedents Sec. 1946; 4 Hinds' Precedents 
        Sec. Sec. 4425-4431.

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[[Page 2605]]

    Joint committees are advisory in nature. They seldom have 
legislative jurisdiction, and do not ordinarily have the power to 
report legislative measures for consideration with the exception of the 
former Joint Committee on Atomic Energy. They generally function in 
areas beyond the jurisdiction of any particular committee of either 
House. They are considered advantageous in that they can avoid the 
repetition of testimony before both Houses, harmonize the congressional 
approach to a subject, concentrate a limited supply of competent 
technical staff personnel and minimize risks where security and secrecy 
is essential.
    Until the 95th Congress, the Joint Committee on Atomic Energy was 
composed of nine Senators and nine Representatives. The Speaker 
appointed the House members, no more than five of whom could be from 
one political party.(14) The chairmanship alternated with 
each Congress between the House and the Senate.(15)
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14. 42 USC Sec. 2251.
15. 42 USC Sec. 2253.
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    In the performance of its duties, the committee held hearings, both 
public and executive, issued subpenas, hired experts, and classified 
information it received.(16) It studied problems relating to 
the development, use, and control of atomic energy. Government agencies 
were directed to furnish the committee with information with respect to 
activities or responsibilities in the field of atomic energy. Bills and 
other measures in either the House or the Senate respecting the 
development, use, or control of atomic energy were referred to the 
committee, which, unlike most joint committees, had the power to report 
legislation and make recommendations within its 
jurisdiction.(17) However, on Jan. 4, 1977, the rules of the 
House were amended so as to abolish the legislative jurisdiction of 
this committee, and to transfer such jurisdiction to other committees. 
Its members were not reappointed.(18)
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16. 42 USC Sec. Sec. 2254-2256.
17. 42 USC Sec. 2252.
18. The legislative jurisdiction of the Joint Committee on Atomic 
        Energy was divided among several standing committees, in the 
        House, on the basis of subject matter. See House Rules and 
        Manual Sec. 983a (1979). See also H. Res. 5, 95th Cong. 1st 
        Sess. (1977), amending Rule X clause 5(e), House Rules and 
        Manual Sec. 700 (1979).
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    Established by the Legislative Reorganization Act of 
1970,(19) the
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19. 2 USC Sec. Sec. 411-417.
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[[Page 2606]]

Joint Committee on Congressional Operations was composed of five 
Members from the House, appointed by the Speaker, and five Senators, 
appointed by the President of the Senate. Two of the committee members 
from each House were from the minority party. During even-numbered 
Congresses, the House Members selected the committee chairman, while 
the Senators selected the vice chairman, with the process being 
reversed during odd-numbered Congresses.(1)

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 1. Parliamentarian's Note: The members of the Joint Committee on 
        Congressional Operations were not reappointed to office in the 
        95th Congress. The Select Committee on Congressional Operations 
        was created in the House in its place.
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    The Joint Committee on Congressional Operations had three principal 
responsibilities: identifying court proceedings affecting Congress and 
calling such proceedings to the attention of Congress; making a 
continuing study of the organization and operation of the Congress and 
recommending improvements therein; and supervising the Office of 
Placement and Management, which was created to provide congressional 
offices with trained personnel on request.(2)
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 2. 2 USC Sec. Sec. 412, 416.
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    The Joint Committee on Defense Production was established pursuant 
to the provisions of the Defense Production Act of 1950.(13) 
This committee consists of five Senators from the Senate Committee on 
Banking and Currency and five House Members, all of whom also serve on 
the House committee with jurisdiction over banking and currency. The 
chairmen of the respective Senate and House standing committees select 
the members, of whom at least two must be from the minority party in 
each House.(4)
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 3. 50 USC App. Sec. Sec. 2061 et seq. The committee itself was 
        established pursuant to 50 USC App. Sec. 2161.
 4. 50 USC App. Sec. 2162(a)(2).
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    Under the provisions of the Defense Production Act of 1950, the 
joint committee was charged with the responsibility of making 
continuing studies and reviewing the progress achieved under the 
various programs established by the act. These programs included such 
matters as the requisition of property needed for national defense, 
expansion of productive capacity and supply, wage and price 
stabilization, settlement of labor disputes, control of consumer and 
real estate credit, and priorities and allocations in contracts and 
materials designed to aid the national defense.(5) More 
recently, the joint committee has focused on
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 5. 50 USC App. Sec. Sec. 2061 et seq.
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[[Page 2607]]

reviewing the condition of federal emergency preparedness and 
mobilization policies, programs and organizations, and examining the 
development of federal materials policy in terms of availability for 
defense purposes.(6) The joint committee monitors the 
integrity of defense contracts and the procurement process. It also 
develops legislative recommendations in connection with antitrust 
immunity for voluntary agreements in support of national energy or 
defense programs.(7)
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 6. Annual Report of the Joint Committee on Defense Production. H. 
        Rept. No. 95-352, p. 1, 95th Cong. 1st Sess. (1976).
 7. Id.
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    Upon request, the joint committee provides aid to the committees of 
Congress having legislative jurisdiction over the subject matter and 
programs authorized under the Defense Production Act. The joint 
committee reports to the Senate and House, from time to time, 
concerning the results of its studies and any recommendations developed 
from such studies.(8)
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 8. 50 USC App. Sec. 2162(2)(b).
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    In the performance of its responsibilities, the joint committee is 
authorized to hold hearings, issue subpenas duces tecum, administer 
oaths to witnesses, and procure the printing of testimony and 
reports.(9)
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 9. 50 USC App. Sec. 2162(2) (c), (d).
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    Parliamentarian's Note: Although the legislation which established 
the joint committee was extended through Sept. 30, 1979, no 
appropriation for salaries and expenses of the joint committee was made 
for the fiscal year ending Sept. 30, 1978. The sum of $225,000 
requested for the operation of the joint committee during 1978 was 
eliminated from the Legislative Branch Appropriation Act, 1978 (Pub. L. 
No. 95-94). See the debate on funding for the committee beginning at 
123 Cong. Rec. 21399, 95th Cong. 1st Sess., June 29, 1977. No 
appointments were made to the joint committee in the 95th and 96th 
Congresses.
    The Joint Committee on Internal Revenue Taxation is composed of 
five members from the House and five from the Senate. Of the five House 
members, all are from the Committee on Ways and Means and two represent 
the minority party. The five Senate members are from the Committee on 
Finance and two of them are from the minority party.(10) By 
the provisions of the statute, the joint committee elects a chairman 
and vice chairman from among its members.(11)
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10. 26 USC Sec. 8002.
11. 26 USC Sec. 8003.
            Parliamentarian's Note: In practice, the chairmanship of 
        the joint committee alternates between the House and Senate 
        members, with a House Member becoming chairman in odd-numbered 
        sessions.

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[[Page 2608]]

    The joint committee has several investigative functions. It studies 
the operation and effect of internal revenue taxes and the 
administration of such taxes by the Internal Revenue Service and other 
executive departments. Another related function of the joint committee 
is to explore measures and methods for the simplification of these 
taxes, and to publish the results of such investigations from time to 
time.(12)
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12. 26 USC Sec. 8022.
            Pursuant to its authority to make investigations, the joint 
        committee is authorized to secure information from the Internal 
        Revenue Service and the executive branch, which is required to 
        furnish such information to the joint committee. 26 USC 
        Sec. 8023.
            The joint committee is empowered to issue subpenas, hold 
        hearings, and procure printing as it deems advisable. 26 USC 
        Sec. 8021.
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    The joint committee is directed to report annually to Congress on 
refunds and credits on income, war profits, excess profits, estate, or 
gift taxes in excess of $100,000, including the names of all persons 
and corporations to whom such amounts have been credited or 
paid.(13)
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13. 26 USC Sec. 6405.
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    The Joint Committee on the Library is the permanent mechanism 
through which the two Houses of Congress coordinate their supervision 
of the Library of Congress. This committee is composed of the chairmen 
and four other members from the principal House and Senate committees 
with jurisdiction over measures concerning the management of the 
Library: the Committee on House Administration in the House, and the 
Senate Committee on Rules and Administration(14) (in 
addition to the Chairman of the Committee on House Administration, the 
other House members are elected to the joint committee each Congress by 
resolution).
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14. 2 USC Sec. 132b. For the relevant jurisdiction of the Committee on 
        House Administration, see Sec. 39, infra.
            Parliamentarian's Note: By agreement, the chairmanship of 
        the joint committee alternates each year between the two 
        Houses. The chairman of the House committee chairs the joint 
        committee during the first session of a Congress; the chairman 
        of the Senate committee holds that position during the second 
        session.
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    The Legislative Reorganization Act of 1946 established a new method 
for determining the joint committee's membership and abolished the 
separate standing committees on the Library that existed in each 
House.(15) Before the

[[Page 2609]]

1946 act, the ``Joint Committee of Congress upon the Library'' 
consisted of five Senators and five Representatives; (16) 
the five House members of the joint committee also comprised, and 
exercised the functions of, a standing committee of the House, while 
the five Senators on the joint committee, together with five additional 
Senators, enjoyed the same status in the Senate. As standing 
committees, they were authorized to receive measures and to report such 
measures to their respective Houses.(17)
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15. See 2 USC Sec. 132b.
16. 32 Stat. 735 (1902).
17. For precedents relating to the jurisdiction of the joint committee, 
        see 4 Hinds' Precedents Sec. Sec. 4337-4346 and 7 Cannon's 
        Precedents Sec. Sec. 2081-2091.
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    In the process of consolidating the then 48 House standing 
committees into 19, and the then 32 Senate standing committees into 15, 
the 1946 Reorganization Act abolished as separate entities the House 
and Senate standing committees on the Library. In the House, the 
Library committee was combined with 11 other committees to form the 
Committee on House Administration.(18)
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18. Joint Committee on the Organization of Congress, committee print, 
        pp. 2-4, 79th Cong. 2d Sess., July 22, 1946.
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    An important function of the joint committee is to direct the 
laying out of sums appropriated by Congress for the increase of the 
general library.(19) In addition, within the framework of 
the law empowering the Librarian of Congress to ``make rules and 
regulations for the government of the Library,'' (20) the 
Librarian frequently consults with the chairman and vice chairman of 
the joint committee about Library matters. He keeps them informed of 
significant developments affecting, or likely to affect, the Library, 
and seeks their advice and recommendations on major policy matters 
which arise at the Library.
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19. 2 USC Sec. 132a.
20. 2 USC Sec. 139.
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    For almost a century, the Joint Committee on the Library has acted 
as the agent of Congress for supervising the acceptance and placement 
of works of art in the Capitol, usually through the Architect of the 
Capitol. The joint committee is authorized to accept, on behalf of 
Congress, any work of the fine arts offered for that 
building.(1) The Capitol rooms may not be used for private 
studios or works of art without the written permission of the joint 
committee.(2)
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 1. 40 USC Sec. 188.
 2. 40 USC Sec. 190.
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    The chairman of the joint committee is a member of the Library

[[Page 2610]]

of Congress Trust Fund Board. Statutes require the approval of the 
joint committee before that board may accept gifts, bequests, or 
devises of property for the benefit of, or in connection with, the 
Library.(3)
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 3. 2 USC Sec. Sec. 154, 156.
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    The joint committee is also charged with direction of the Botanical 
Garden and its personnel.(4)
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 4. 40 USC Sec. 216.
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    The Chairman and two members of the Committee on House 
Administration and the Chairman and two members of the Senate Committee 
on Rules and Administration constitute the membership of the Joint 
Committee on Printing,(5) and, in the House, are elected to 
the joint committee each Congress by resolution.
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 5. 44 USC Sec. 101.
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    Although the joint committee is generally authorized to remedy 
neglect, delay, duplication, or waste in the public printing and 
distribution of government publications,(6) its primary 
activity is controlling the arrangement and style of the Congressional 
Record and arranging for the semimonthly publication of an index 
thereto.(7) In fulfilling this function, the joint committee 
provides for the printing in the daily Record of the legislative 
program for the day, together with a list of congressional committee 
meetings and hearings.(8)
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 6. 44 USC Sec. 103.
 7. 44 USC Sec. 901. For discussion of the purpose and format of the 
        Congressional Record, see Ch. 5, Sec. Sec. 15-20, supra.
 8. House Rules and Manual Sec. 983h (1977).
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    The Joint Economic Committee was established by the Employment Act 
of 1946.(9) The committee is comprised of 10 Senators 
appointed by the President of the Senate and 10 House Members appointed 
by the Speaker. In each case, the majority party is to be represented 
by six members and the minority party by four members. (10) 
By the committee rules, the chairmanship and vice chairmanship of the 
committee alternate from Congress to Congress between the House and 
Senate.(11)
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 9. 15 USC Sec. 1021 et seq.
10. 15 USC Sec. 1024(a).
11. Rule VI, Rules of the Joint Economic Committee, as amended, 
        approved Dec. 6, 1955.
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    The Joint Economic Committee provides facts and analyses to keep 
Congress abreast of developing economic trends. It advises Congress as 
to the appropriate mix of public and private policies most likely to 
achieve the Nation's economic objectives as set forth in the Employment 
Act of 1946. It

[[Page 2611]]

does not draft or report legislation.
    The committee makes its services available principally through 
publications, including reports and collections of professional 
materials. It also publishes each month up-to-date data in Economic 
Indicators, (12) which is prepared for the committee by the 
Council of Economic Advisers.(13)
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12. 15 USC Sec. 1025.
13. The Council of Economic Advisors is composed of three members 
        appointed by the President by and with the consent of the 
        Senate. The council employs specialists to analyze and evaluate 
        various federal programs. It recommends to the President 
        national economic policies intended to foster and promote free 
        competitive enterprise and to avoid fluctuations in the 
        American economy. The council gathers information on national 
        economic trends and furnishes studies, reports, and 
        recommendations on matters of federal economic policy and 
        legislation as requested by the President. 15 USC Sec. 1023.
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    A primary function of the Joint Economic Committee is the report 
filed by Mar. 1 of every year (l4) to serve as a guide to 
the several committees of Congress dealing with legislation relating to 
the President's Economic Report. The committee report contains the 
findings and recommendations of the committee with respect to each of 
the main recommendations made by the 
President.                          -------------------
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14. 15 USC Sec. 1024(b)(3). The date for filing the committee report 
        has frequently been extended by law or by unanimous consent in 
        the House. See Sec. Sec. 61.10, 61.11, infra.
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Use of Concurrent Resolution to Create Joint Committee

Sec. 7.1 A privileged concurrent resolution to establish a Joint 
    Committee on the Organization of the Congress was reported and 
    called up by the House Committee on Rules. The concurrent 
    resolution was agreed to by the House.

    On Mar. 3, 1965, (15) Mr. Ray J. Madden, of Indiana, of 
the Committee on Rules, reported the following privileged 
(16) resolution (H. Con. Res. 4) which was referred to
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15. 111 Cong. Rec. 3995, 89th Cong. 1st Sess.
16. The rules provide that certain committees may report at any time on 
        certain subjects; see Rule XI clause 22, House Rules and Manual 
        Sec. 726 (1973). Matters giving rise to this privilege when 
        reported from the Committee on Rules are ``rules, joint rules, 
        and order of business.'' However, there are some limitations on 
        the power of the Committee on Rules to call up a report for 
        consideration; see Rule XI clause 23, House Rules and Manual 
        Sec. 729 (1973). See also Sec. Sec. 52-57, infra, and Ch. 21, 
        infra.
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[[Page 2612]]

the House Calendar and ordered to be printed:

        Resolved by the House of Representatives (the Senate 
    concurring), That there is hereby established a Joint Committee on 
    the Organization 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 President 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 
    operations, improving its relationship 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 Congress; 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 respective Houses and officers and employees of 
    the committees and Members 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 construed to authorize the committee 
    to make any recommendations with respect to the rules, 
    parliamentary procedure, practices, and/or precedents 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 recommending the 
    consolidations and reorganization of committees.

        Sec. 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 Congress, 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 
    compensation 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

[[Page 2613]]

    House of Representatives the results of its study, together with 
    its recommendations, the first report being made not later than one 
    hundred and twenty days after the effective date of this concurrent 
    resolution. 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 Administration of the Senate and the 
    appropriate committees of the House. . . .

    On Mar. 11,(17) by direction of the Committee on Rules, 
Mr. Madden called up House Concurrent Resolution 4, and asked for its 
immediate consideration.
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17. 111 Cong. Rec. 4768, 89th Cong. 1st Sess.
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    The Clerk read the resolution and debate thereon followed. Much of 
the discussion centered on the proviso barring the joint committee from 
authorization ``to make any recommendations with respect to the rules, 
parliamentary procedure, practices, and/or precedents of either House. 
. . .'' as well as on the fact that privileged consideration of the 
concurrent resolution in the House under the ``hour rule'' prohibited 
any amendments to the resolution. The House agreed to the concurrent 
resolution,(18) however, by voice vote.
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18. Id. at D. 4780.
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    Immediately thereafter, Speaker John W. McCormack, of 
Massachusetts, recognized Mr. Madden who then sought unanimous consent 
to take from the Speaker's desk a concurrent resolution (S. Con. Res. 
2) to establish a Joint Committee on the Organization of the Congress. 
This resolution was identical (19) to the one (H. Con. Res. 
4) just agreed to. Unanimous consent was granted and the Senate 
concurrent resolution was concurred in. House Concurrent Resolution 4 
was then laid on the table.
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19. The language of H. Con. Res. 4 and S. Con. Res. 2 was also 
        substantially similar to that employed in the 79th Congress in 
        setting up the joint committee which resulted in the 
        Legislative Reorganization Act of 1946. See H. Con. Res. 18, 91 
        Cong. Rec. 346, 347, 79th Cong. 1st Sess., Jan. 18, 1945; and 
        91 Cong. Rec. 1272, 79th Cong. 1st Sess., Feb. 19, 1945.
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    Parliamentarian's Note: The Joint Committee on the Organization of 
Congress laid the groundwork for the Legislative Reorganization Act of 
1970, which was considered and enacted in the 91st Congress (H.R. 
17654) by the Committee on Rules.

Sec. 7.2 The Joint Committee on Washington Metropolitan Problems was 
    created by concurrent resolution.

[[Page 2614]]

    House Concurrent Resolution 172 was reported from the Committee on 
Rules and later called up as follows on June 21, 1957: (20)
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20. 103 Cong. Rec. 10022, 85th Cong. 1st Sess.
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        Mr. [Howard W.] Smith of Virginia: Mr. Speaker, I call up the 
    concurrent resolution (H. Con. Res. 172) to establish a joint 
    congressional committee to investigate matters pertaining to the 
    growth and expansion of the District of Columbia and its 
    metropolitan area and ask for its immediate consideration.
        The Clerk read the resolution, as follows:

            Resolved by the House of Representatives (the Senate 
        concurring), That there is hereby established a joint 
        congressional committee to be composed of the members of the 
        Committee on the District of Columbia of the Senate and the 
        members of the Committee on the District of Colunbia of the 
        House of Representatives. The joint committee shall select a 
        chairman and a vice chairman from among its members. A majority 
        of the joint committee shall constitute a quorum except that a 
        lesser number, to be fixed by the joint committee, shall 
        constitute a quorum for the purpose of administering oaths and 
        taking sworn testimony.
            Sec. 2. The joint committee, or any duly authorized 
        subcommittee thereof, shall examine, investigate, and make a 
        complete study of any and all matters pertaining to (a) the 
        problems created by the growth and expansion of the District of 
        Columbia and its metropolitan area, (b) how and with what 
        degree of success such problems are handled and resolved by the 
        various agencies and instrumentalities of the Government which 
        are charged with the duty of resolving such problems, and (c) 
        how the resolution of such problems is affecting the affairs of 
        the District of Columbia. The joint committee shall report its 
        findings, together with its recommendations for such 
        legislation as it deems advisable, to the Senate and the House 
        of Representatives at the earliest practicable date, but not 
        later than January 31, 1958. Upon the submission of such 
        report, the joint committee shall cease to exist and all 
        authority conferred by this resolution shall terminate.
            Sec. 3. The joint committee, or any duly authorized 
        subcommittee thereof, is authorized to sit and act at such 
        places and times within the United States, to hold such 
        hearings, 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 as 
        it deems advisable.
            Sec. 4. The joint committee shall have power to employ and 
        fix the compensation of such experts, consultants, and other 
        employees as it deems necessary in the performance of its 
        duties.

    After passage on that day, and amendment and adoption by the Senate 
on Aug. 26, 1957, the following proceedings took place in the House on 
Aug. 28, 1957: (21)
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21. Id. at p. 16288.
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        Mr. Smith of Virginia. Mr. Speaker, I ask unanimous consent to 
    take from the Speaker's desk the concurrent resolution (H. Con. 
    Res. 172) to establish a joint Congressional committee to 
    investigate matters pertaining to the growth and expansion of the 
    District of Columbia and its metropolitan area, with Senate 
    amendments thereto, concur in

[[Page 2615]]

    Senate amendments Nos. 1\1/2\, 2, and 3, and concur in Senate 
    amendment No. 1 with an amendment.
        The Clerk read the title of the concurrent resolution.
        The Clerk read the Senate amendments as follows:

            Senate amendment No. 1\1/2\ Page 2, line 14, strike out 
        ``January 31, 1958,'' and insert ``January 31, 1959.''

        Page 2, line 17, after ``terminate'' insert ``but the joint 
    committee shall make a progress report on its activities by January 
    31, 1958.''
        Page 3, after line 3, insert:
        ``Sec. 5. The expenses of the joint committee, through January 
    31, 1958, which shall not exceed $50,000, shall be paid from the 
    contingent fund of the Senate upon vouchers approved by the 
    chairman of the joint committee.''
        The Speaker [Sam Rayburn, of Texas]: Is there objection to the 
    request of the gentleman from Virginia?
        There was no objection.
        Senate amendments Nos. 1\1/2\, 2, and .3 were concurred in.
        The Speaker: The Clerk will report Senate amendment No. 1.
        The Clerk read as follows:

            Page 1, line 2, strike out all after ``concurring),'' down 
        to and including ``Representatives.'' in line 6, and insert 
        ``That there is hereby established a joint Congressional 
        committee to be composed of three members of the Committee on 
        the District of Columbia of the Senate, to be appointed by the 
        chairman of such committee, and three members of the Committee 
        on the District of Columbia of the House of Representatives, to 
        be appointed by the chairman of such committee.''

        Mr. Smith of Virginia: Mr. Speaker, I offer an amendment to the 
    Senate amendment.
        The Clerk read as follows:

            Amendment offered by Mr. Smith of Virginia: Strike out all 
        after the word ``Senate,'' and insert ``to be appointed by the 
        chairman of such committee, and three members of the Committee 
        on the District of Columbia of the House of Representatives, to 
        be appointed by the Speaker of the House of Representatives.''

        The amendment to the Senate amendment was agreed to.
        The Senate amendment as amended was concurred 
    in.(22)
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22. The Senate agreed to the House amendment to the Senate amendment on 
        Aug. 28, 1957.
---------------------------------------------------------------------------

    Subsequently, the Joint Committee on Washington Metropolitan 
Problems was extended by concurrent resolutions in the first and second 
sessions of the 86th Congress.(23) Hearings were also 
authorized to be held by Senate Concurrent Resolution 101, 86th 
Congress second session.
---------------------------------------------------------------------------
23. See Sec. 7.9, infra.
---------------------------------------------------------------------------

Continuation of Joint Committee by Concurrent Resolution

Sec. 7.3 A concurrent resolution continuing the Joint Committee on the 
    Organization of the Congress, established by concurrent resolution 
    in the 89th Congress, and providing additional funds for its 
    operation, was considered by unanimous consent and agreed to by the 
    House.

[[Page 2616]]

    On Jan. 31, 1967,(1) Mr. Ray J. Madden, of Indiana, a 
member of the Committee on Rules, sought unanimous consent to take from 
the Speaker's desk Senate Concurrent Resolution 2 and to concur 
therein. The resolution read as follows:
---------------------------------------------------------------------------
 1. 113 Cong. Rec. 2081, 90th Cong. 1st Sess.
---------------------------------------------------------------------------

        Resolved by the Senate (the House of Representatives 
    concurring), That the Joint Committee on the Organization of the 
    Congress, established by Senate Concurrent Resolution 2, Eighty-
    ninth Congress, agreed to March 11, 1965, is hereby continued 
    through June 30, 1967.
        Sec. 2. The joint committee is hereby authorized to make 
    expenditures from February 1, 1967, through June 30, 1967, not to 
    exceed $60,000, to be paid from the contingent fund of the Senate 
    upon vouchers approved by the chairman of the joint committee.

    Following brief debate, the resolution was concurred 
in,(2) and a similar concurrent resolution (H. Con. Res. 51) 
was laid on the table.
---------------------------------------------------------------------------
 2. Id. at p. 2082.
---------------------------------------------------------------------------

Use of Joint Resolution to Create Joint Committee

Sec. 7.4 The House passed a joint resolution providing for the creation 
    of a Joint Committee to Investigate Crime after amending the joint 
    resolution to limit the existence of the joint committee to that 
    Congress.

    On July 12, 1968,(3) by direction of the Committee on 
Rules, Mr. Claude D. Pepper, of Florida, called up a joint resolution 
(H.J. Res. 1) creating a Joint Committee to Investigate Crime, and 
asked for its immediate consideration.
---------------------------------------------------------------------------
 3. 114 Cong. Rec. 21012, 90th Cong. 2d Sess.
---------------------------------------------------------------------------

    The Clerk then read the proposal with the recommended committee 
amendments as follows:

        Resolved by the Senate and House of Representatives of the 
    United States of America in Congress assembled, That (a) there is 
    hereby created a Joint Committee To Investigate Crime, to be 
    composed of seven Members of the House of Representatives to be 
    appointed by the Speaker of the House of Representatives, and seven 
    Members of the Senate to be appointed by the President pro tempore 
    of the Senate. In each instance not more than four members shall be 
    members of the same political party.
        (b) Vacancies in the membership of the joint committee shall 
    affect power of the remaining members to execute the functions of 
    the joint committee, and shall be filled in the same manner as in 
    the case of the original selection.
        (c) The joint committee shall select a chairman and a vice 
    chairman from among its members at the beginning of each Congress.
        Sec. 2. (a) The joint committee shall make continuing 
    investigations and

[[Page 2617]]

    studies of all aspects of crime in the United States, including (1) 
    its elements, causes, and extent; (2) the preparation, collection, 
    and dissemination of statistics thereon, and the availability of 
    reciprocity of information among law enforcement agencies, Federal, 
    State, and local, including exchange of information with foreign 
    nations; (3) the adequacy of law enforcement and the administration 
    of justice, including constitutional issues pertaining thereto; (4) 
    the effect of crime and disturbances in the metropolitan urban 
    areas; (5) the effect, directly or indirectly, of crime on the 
    commerce of the Nation; (6) the treatment and rehabilitation of 
    persons convicted of crimes; (7) measures for the reduction, 
    control, or prevention of crime; (8) measures for the improvement 
    of (a) detection of crime; (b) law enforcement, including increased 
    cooperation among the agencies thereof; (c) the administration of 
    justice; and (9) measures and programs for increased respect for 
    the law.
        (b) The joint committee shall report to the Senate and the 
    House of Representatives, from time to time, the results of its 
    investigations and studies, together with such recommendations as 
    it may deem desirable. Any department, official, or agency engaged 
    in functions relative to investigations or studies undertaken by 
    the joint committee shall, at the request of the joint committee, 
    consult with the joint committee from time to time with respect to 
    such functions or activities.
        Sec. 3. (a) In carrying out its duties, the joint committee or 
    any duly authorized subcommittee thereof is authorized to hold such 
    hearings and investigations, to sit and act at such places and 
    times within the United States, including any Commonwealth or 
    possession thereof, whether the House or the Senate is in session, 
    has recessed, or has adjourned, 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 necessary. The joint committee 
    may make such rules respecting its organization and procedures as 
    it deems necessary. No recommendation may be reported from the 
    joint committee unless a majority of the committee is present. 
    Subpenas may be issued over the signature of the chairman of the 
    joint committee or by any member designated by him or by the joint 
    committee, and may be served by such person or persons as may be 
    designated by such chairman or member. The chairman of the joint 
    committee or any member thereof may administer oaths to witnesses.
        (b) The joint committee may appoint and fix the compensation of 
    such clerks, experts, consultants, technicians, and clerical and 
    stenographic assistants as it deems necessary and advisable; and, 
    with the prior consent of the heads of departments or agencies 
    concerned and the Committee on House Administration of the House of 
    Representatives and the Committee on Rules and Administration of 
    the Senate, to utilize the reimbursable services, information, 
    facilities, and personnel of any of the departments or agencies of 
    the Federal Government, as it deems advisable. The joint committee 
    is authorized to reimburse the

[[Page 2618]]

    members of its staff for travel, subsistence, and the other 
    necessary expenses incurred by them in the performance of the 
    duties vested in the joint committee other than expenses in 
    connection with meetings of the joint committee held in the 
    District of Columbia during such times as the Congress is in 
    session.
        Sec. 4. The expenses of the joint committee shall be paid one-
    half from the contingent fund of the House of Representatives and 
    one-half from the contingent fund of the Senate, upon vouchers 
    signed by the chairman or the vice chairman of the joint committee.
        With the following committee amendments:
        On page 2, line 5: After the word ``members'', strike the words 
    ``at the beginning of each Congress''.
        At the end of the joint resolution, add the following 
    paragraph:
        ``Sec. 5. The Joint Committee To Investigate Crime shall expire 
    at the end of the Ninetieth Congress.''
        The committee amendments were immediately agreed to, after 
    which debate ensued on the joint resolution as amended. Upon 
    concluding debate, the House passed (4) the proposal on 
    a yea and nay vote--yeas 319, nays 12.
---------------------------------------------------------------------------
 4. Id. at p. 21031.
---------------------------------------------------------------------------

Sec. 7.5 The House passed a joint resolution providing for the 
    establishment of a Joint Committee on the Environment.

    On July 20, 1971,(5) pursuant to the dictates of a 
special rule (H. Res. 424) (6) adopted shortly 
before,(7) the House resolved itself into the Committee of 
the Whole for the consideration of a joint resolution (H.J. Res. 3) to 
create a Joint Committee on the Environment. After general debate and 
amendments under the five-minute rule, Chairman Don Fuqua, of Florida, 
reported the joint resolution back (8) to the House with 
sundry amendments adopted by the Committee of the Whole.
---------------------------------------------------------------------------
 5. 117 Cong. Rec. 26205 92d Cong. 1st Sess.
 6. Id. at p. 26202. Since the joint resolution contained an 
        authorization for appropriations, it was not privileged. 
        Moreover, the special rule served the purpose of permitting 
        amendments under the five-minute rule in Committee of the Whole 
        and allowing Members more time for discussion of the measure 
        than would otherwise have been available under the ``hour 
        rule'' in the House. See remarks of Mr. Richard Bolling (Mo.) 
        at p. 26202.
 7. Id. at p. 26205.
 8. Id. at p. 26218.
---------------------------------------------------------------------------

    Shortly thereafter, Speaker pro tempore Hale Boggs, of Louisiana, 
put the question on the amendments adopted by the Committee of the 
Whole, which were agreed to. The joint resolution was then passed, as 
amended, and read, as follows:

        Resolved by the Senate and House of Representatives of the 
    United States of America in Congress assembled, That

[[Page 2619]]

    (a) there is established a joint congressional committee which 
    shall be known as the Joint Committee on the Environment (hereafter 
    in this joint resolution referred to as the ``committee'') 
    consisting of eleven Members of the Senate to be appointed by the 
    President of the Senate and eleven Members of the House of 
    Representatives to be appointed by the Speaker of the House of 
    Representatives. Of the eleven Members of the Senate appointed 
    under this subsection, six Members shall be from the majority 
    party, and five Members shall be from the minority party. Of the 
    eleven Members of the House of Representatives appointed under this 
    subsection, six Members shall be from the majority party, and five 
    Members shall be from the minority party. In the appointment of 
    members of the committee under this subsection, the President of 
    the Senate and the Speaker of the House of Representatives shall 
    give due consideration to providing representation on the committee 
    from the various committees of the Senate and the House of 
    Representatives having jurisdiction over matters relating to the 
    environment.
        (b) The committee shall select a chairman and a vice chairman 
    from among its members, at the beginning of each Congress. The vice 
    chairman shall act in the place and stead of the chairman in the 
    absence of the chairman. The chairmanship shall alternate between 
    the Senate and House of Representatives with each Congress, and the 
    chairman shall be selected by Members from that House entitled to 
    the chairmanship. The vice chairman shall be chosen from the House 
    other than that of the chairman by the Members of that House. The 
    committee may establish such subcommittees as it deems necessary 
    and appropriate to carry out the purposes of this joint resolution.
        (c) Vacancies in the membership of the committee shall not 
    affect the authority of the remaining members to execute the 
    functions of the committee. Vacancies shall be filled in the same 
    manner as original appointments are made.
        (d) A majority of the members of the committee shall constitute 
    a quorum thereof for the transaction of business, except that the 
    committee may fix a lesser number as a quorum for the purpose of 
    taking testimony.
        (e) The committee shall keep a complete record of all committee 
    actions, including a record of the votes on any question on which a 
    record vote is demanded. All committee records, data, charts, and 
    files shall be the property of the committee and shall be kept in 
    the offices of the committee or such other places as the committee 
    may direct.
        (f) No legislative measure shall be referred to the committee, 
    and it shall have no authority to report any such measure to the 
    Senate or to the House of Representatives.
        (g) The committee shall not undertake any investigation of any 
    subject matter which is being investigated by any other committee 
    of the Senate or the House of Representatives.
        Sec. 2. (a) It shall be the duty of the committee--
        (1) to conduct a continuing comprehensive study and review of 
    the character and extent of environmental changes that may occur in 
    the future

[[Page 2620]]

    and their effect on population, communities, and industries, 
    including but not limited to the effects of such changes on the 
    need for public and private planning and investment in housing, 
    water resources (including oceanography), pollution control, food 
    supplies, education, automation affecting interstate commerce, fish 
    and wildlife, forestry, mining, communications, transportation, 
    power supplies, welfare, and other services and facilities;
        (2) to study methods of using all practicable means and 
    measures, including financial and technical assistance, in a manner 
    calculated to foster, promote, create, and maintain conditions 
    under which man and nature can exist in harmony, and fulfill the 
    social, economic and other requirements of present and future 
    generations of Americans;
        (3) to develop policies that would encourage maximum private 
    investment in means of improving environmental quality; and
        (4) to review any recommendations made by the President 
    (including the environmental quality report required to be 
    submitted pursuant to section 201 of the National Environmental 
    Policy Act of 1969) relating to environmental policy.
        (b) The environmental quality report required to he submitted 
    pursuant to section 201 of the National Environmental Policy Act of 
    1969 shall, when transmitted to Congress, be referred to the 
    committee, which shall, as soon as practicable thereafter, hold 
    hearings with respect to such report.
        (c) On or before the last day of December of each year, the 
    committee shall submit to the Senate and to the House of 
    Representatives for reference to the appropriate standing 
    committees an annual report on the studies, reviews, and other 
    projects undertaken by it, together with its recommendations. The 
    committee may make such interim reports to the appropriate standing 
    committees of the Congress prior to such annual report as it deems 
    advisable.
        (d) In carrying out its functions and duties the committee 
    shall avoid unnecessary duplication with any investigation 
    undertaken by any other joint committee, or by any standing 
    committee of the Senate or of the House of Representatives.
        Sec. 3. (a) For the purposes of this joint resolution, the 
    committee is authorized, as it deems advisable (1) to make such 
    expenditures; (2) to hold such hearings; (3) to sit and act at such 
    times and places during the sessions, recesses, and adjournment 
    periods of the Senate and of the House of Representatives; and (4) 
    to employ and fix the compensation of technical, clerical, and 
    other assistants and consultants. Persons employed under authority 
    of this subsection shall be employed without regard to political 
    affiliations and solely on the basis of fitness to perform the 
    duties for which employed.
        (b) The committee may (1) utilize the services, information, 
    and facilities of the General Accounting Office or any department 
    or agency in the executive branch of the Government, and (2) employ 
    on a reimbursable basis or otherwise the services of such personnel 
    of any such department or agency as it deems advisable. With the 
    consent of any other committee of the Congress, or any subcommittee 
    thereof, the committee may utilize the facilities and

[[Page 2621]]

    the services of the staff of such other committee or subcommittee 
    whenever the chairman of the committee determines that such action 
    is necessary and appropriate.
        Sec. 4. To enable the committee to exercise its powers, 
    functions, and duties under this joint resolution, there are 
    authorized to be appropriated not to exceed $300,000 for each 
    fiscal year to be disbursed by the Clerk of the House of 
    Representatives on vouchers signed by the chairman or vice chairman 
    of the committee.(9)

    Parliamentarian's Note: The Senate did not take action on House 
Joint Resolution 3.
---------------------------------------------------------------------------
 9. For a similar example in an earlier Congress, see 81 Cong. Rec. 
        243, 75th Cong. 1st Sess., Jan. 14, 1937.
---------------------------------------------------------------------------

Establishing Special Senate Committee

Sec. 7.6 A Special Committee on the Organization of the Congress 
    (composed of the Senate members of the Joint Committee on 
    Organization) was established in the Senate to receive, consider, 
    and report on a bill encompassing the legislative recommendations 
    of the joint committee.

    On Aug. 22, 1966,(10) the Senate proceeded to consider a 
resolution (S. Res. 293) creating a ``Special Committee on the 
Organization of the Congress'' consisting of the six Senators who were 
already members of the Joint Committee on the Organization of the 
Congress and providing certain instructions with respect to their 
duties.
    The resolution, as reported by the Committee on Rules and 
Administration with certain recommended amendments, read as follows:

        Resolved! That a special committee to be composed of the six 
    Senators who are members of the Joint Committee on the Organization 
    of the Congress is hereby established, with authority to sit and 
    act during the sessions, recesses, and adjourned periods of the 
    Eighty-ninth Congress (and such committee shall cease to exist, 
    March 31, 1967), for the purpose of receiving and considering a 
    bill, when introduced, and germane amendments relating thereto, 
    having for its purpose the carrying out of the recommendations 
    contained in the report of the Joint Committee on the Organization 
    of the Congress, Report No. 1414, July 28, 1966. Such bill, when 
    introduced, and amendments shall be referred to the committee for 
    its consideration and such committee is hereby authorized to report 
    to the Senate with respect to any such matter referred to it, 
    together with such recommendations as it may deem advisable: 
    Provided, That no report shall be made until the chairman and 
    ranking minority member of each standing committee of the Senate 
    shall have been given the opportunity to ap

[[Page 2622]]

    pear before the special committee and present their views. Nothing 
    in this resolution shall be construed to authorize the committee to 
    report any bill or amendment containing any provision which has the 
    effect of changing the rules, parliamentary procedure, practices, 
    or precedents of either House, or which has the effect of changing 
    in any manner the consideration of any matter on the floor of 
    either House, unless such provision is to carry out a 
    recommendation contained in such report of July 28, 1966. Any 
    vacancy occurring in the membership of the committee shall be 
    filled by appointment by the President of the Senate.
---------------------------------------------------------------------------
10. 112 Cong. Rec. 20758, 20759, 89th Cong. 2d Sess. See Sec. 7.1, 
        supra (Parliamentarian's Note).
---------------------------------------------------------------------------

    The resolution, with the recommended amendments, was promptly 
agreed to.

Joint Committee on Atomic Energy

Sec. 7.7 The Joint Committee on Atomic Energy and not the Committee on 
    Armed Services had jurisdiction of bills to repeal the Atomic 
    Energy Act of 1946.

    On Mar. 18, 1947,(11) Walter G. Andrews, of New York, 
Chairman of the Committee on Armed Services, obtained unanimous consent 
to have his committee discharged from further consideration of the bill 
(H.R. 2543) described above and to have it rereferred to the Joint 
Committee on Atomic Energy.
---------------------------------------------------------------------------
11. 93 Cong. Rec. 2204, 80th Cong. 1st Sess.
---------------------------------------------------------------------------

Sec. 7.8 The Joint Committee on Atomic Energy and not the Committee on 
    the Judiciary had jurisdiction of a communication transmitting a 
    proposed bill to provide rewards for information concerning illegal 
    introduction into the United States or illegal manufacture or 
    acquisition in the United States of special nuclear material and 
    weapons.

    On Aug. 5, 1954,(12) Mr. W. Sterling Cole, of New York, 
obtained unanimous consent that a letter (Executive Communication No. 
1783) from the Attorney General described above be referred from the 
Committee on the Judiciary to the Joint Committee on Atomic Energy.
---------------------------------------------------------------------------
12. 100 Cong. Rec. 13486, 83d Cong. 2d Sess.
---------------------------------------------------------------------------

Joint Committee on Washing ton Metropolitan Problems

Sec. 7.9 The Joint Committee on Washington Metropolitan Problems was 
    authorized, by concurrent resolution, to hold hearings and report 
    to the Committees on the District of Columbia of the Senate and 
    House on two bills to

[[Page 2623]]

    aid in the development of an integrated system of transportation 
    for the National Capital region.

    On Apr. 21, 1960,(13) John L. McMillan, of South 
Carolina, Chairman of the Committee on the District of Columbia, 
obtained unanimous consent to have the following concurrent resolution 
(S. Con. Res. 101) discharged from further consideration by the 
Committee on Rules and brought up for immediate consideration by the 
House:
---------------------------------------------------------------------------
13. H. Jour. 293, 86th Cong. 2d Sess.
---------------------------------------------------------------------------

        Resolved by the Senate (the House of Representatives 
    concurring), That the Joint Committee on Washington Metropolitan 
    Problems, created by House Concurrent Resolution 172, agreed to 
    August 29, 1957, is hereby authorized to hold public hearings on 
    the bills S. 3193 and H.R. 11135,(14) and to furnish 
    transcripts of such hearings, and make such recommendations as it 
    sees fit, to the Committees on the District of Columbia of the 
    Senate and House of Representatives, respectively.(15)
---------------------------------------------------------------------------
14. Both S. 3193 [see 106 Cong. Rec. 13598, 86th Cong. 2d Sess., June 
        21, 1960] and H.R. 11135 [see 106 Cong. Rec. 14130, 86th Cong. 
        2d Sess., June 23, 1960] were reported as bills ``to aid in the 
        development of a unified and integrated system of 
        transportation for the National Capital region; to create a 
        temporary National Capital Transportation Agency; to authorize 
        creation of a National Capital Transportation Corporation; to 
        authorize negotiation to create an interstate transportation 
        agency; and for other purposes.''
            Note: The Joint Committee on Washington Metropolitan 
        Problems was extended by S. Con. Res. 2 (passed House Feb. 5, 
        1959); S. Con. Res. 59 (passed House Aug. 14, 1959); and S. 
        Con. Res. 82 (passed House Feb. 16, 1960).
15. See Sec. 7.2, supra, for creation of the Joint Committee on 
        Washington Metropolitan Problems.
---------------------------------------------------------------------------

    Shortly thereafter, the concurrent resolution was agreed 
to.(16)
---------------------------------------------------------------------------
16. The permanent Record [106 Cong. Rec. 8546, 86th Cong. 2d Sess., 
        Apr. 21, 1960] and the House Journal [H. Jour. 293, 86th Cong. 
        2d Sess., Apr. 21, 1960] are at variance with respect to the 
        passage of S. Con. Res. 101. The permanent Record merely 
        discloses that the Committee on Rules was discharged from 
        consideration of the measure. The Journal, however, indicates 
        that the concurrent resolution was subsequently agreed to. 
        Further verification of this is evidenced by the House's 
        subsequent consideration of H.R. 11135 [106 Cong. Rec. 14569, 
        86th Cong. 2d Sess., June 27, 1960] when Mr. John R. Foley, of 
        Maryland, acknowledged the work performed by the Joint 
        Committee on Washington Metropolitan Problems.

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[[Page 2624]]