RIGHTS OF PERSONS ADVERSELY AFFECTED BY TESTIMONY SEC. 4. (a) A person shall be considered to be adversely affected by evidence or testimony of a witness if the committee determines that: (i) The evidence or testimony would constitute libel or slander if not presented before a committee of the Senate, or (ii) the evidence or testimony alleges crime or misconduct or tends to disgrace or otherwise to expose the person to public contempt, hatred, or scorn. (b) Insofar as practicable, any person whose activities are the subject of investigation by the committee, or about whom adverse information is proposed to be presented at a public hearing of the committee, shall be fully advised by the committee as to the matters into which the committee proposes to inquire and the adverse material which is proposed to be presented. Insofar as practicable, all material reflecting adversely on the character or reputation of any individual which is proposed to be presented at a public hearing of the committee shall be first reviewed in executive session to determine its reliability and probative value and shall not be presented at a public hearing except pursuant to majority vote of the committee. (c) If a person is adversely affected by evidence or testimony given in a public hearing that person shall have the right: (i) To appear and testify or file a sworn statement in his own behalf, (ii) to have the adverse witness recalled upon application made within thirty days after introduction of such evidence or the termination of the adverse witness' testimony, (iii) to be represented by counsel (as in (2) (b) hereof), (iv) to cross-examine (in person or by counsel) such adverse witness, and (v) subject to the discretion of the committee, to obtain the issuance by the committee of subpenas for witnesses, documents, and other evidence in his defense. Such opportunity for rebuttal shall be afforded promptly and, so far as practicable, such hearing shall be conducted at the same place and under the same circumstances as the hearing at which adverse testimony was presented. Cross-examination shall be limited to one hour for each witness, unless the committee by majority vote extends the time for each witness or group of witnesses. (d) If a person is adversely affected by evidence or testimony given in executive session or by material in the committee files or records, and if public release of such evidence, testimony, or material is contemplated, such person shall have, prior to the public release of such evidence or testimony or material or any disclosure of or comment upon it by members of the committee or committee staff or taking of similar evidence or testimony in a public hearing, the rights conferred by subsection (3) (c) hereof and the right to inspect at least as much of the evidence or testimony of the adverse witness or material as will be made public or the subject of a public hearing. (e) Any witness (except a member of the press who testifies in his professional capacity) who gives testimony before the committee in an open hearing which reflects adversely on the character or reputation of another person may be required by the committee to disclose his sources of information, unless to do so would endanger the national security. SUBPENAS SEC. 5. Subpenas shall be issued by the chairman of a committee only upon written notice to all members of the committee with a statement as to the identity of the witness or material and their relevancy to the investigation or hearing already authorized. Upon the request of any member of the committee the question of whether a subpena shall be issued or remain in force if already issued shall be decided by majority vote. COMMITTEE STAFF SEC. 6. The composition and selection of, and changes in, the professional and clerical staff of a committee shall be subject to the vote of a majority of the members of the committee. TELEVISION AND OTHER MEANS OF COMMUNICATION AND REPORTING SEC. 7. (a) Subject to the physical limitations of the hearing room and consideration of the physical comfort of committee members, staff, and witnesses, equal access for coverage of the hearings shall be provided to the various means of communications, including newspapers, magazines, radio, news reels, and television. It shall be the duty of the committee chairman to see that the various communication devices and instruments do not unreasonably distract, harass, or confuse the witness and interfere with his presentation. (b) No witness shall be televised, filmed, or photographed during the hearing if he objects on the ground of distraction, harassment, or physical handicap. SUPERVISION, APPEALS AND ENFORCEMENT SEC. 8. The application of this code shall be supervised in the Senate by the presiding officer of the Senate and four members selected by the Senate (not more than two of the members selected shall be of the same party), who shall have authority (1) to receive and investigate complaints of alleged violations of this code filed by persons claiming to be aggrieved and by members, (2) to advise committee chairmen of their conclusions and their suggestions, and (3) to present their findings to the Senate, with such recommendations for remedial and disciplinary action, if any, they deem appropriate. DEFINITIONS SEC. 9. As used in this Act: "Committee" shall mean any standing, select, or special committee of the Senate (except the majority and minority policy committees) and any subcommittees of the foregoing. "Person" includes an individual, partnership, trust, estate, association, corporation, or society. [S. Con. Res. 11, 83d Cong., 1st sess.] CONCURRENT RESOLUTION Resolved by the Senate (the House of Representatives concurring), That no Member of the Senate or the House of Representatives shall make before the Senate or the House of Representatives, respectively, any derogatory remarks with respect to any citizen or resident of the United States without making a reasonable effort, if time permits, to notify such citizen or resident of the exact nature of such remarks, where and approximately when they will be made, and the procedure that such citizen or resident must follow if he desires to submit an answer to such remarks under this rule. If any such remarks are made without such notification, the Secretary of the Senate or the Clerk of the House of Representatives, depending on where such remarks were made, shall mail to such citizen's or resident's last known address a printed copy of such remarks and information concerning the procedure that must be followed if he desires to submit an answer to such remarks under this rule. Any citizen or resident of the United States who is derogated in any remarks made by a Member of the Senate or the House of Representatives before the Senate or the House of Representatives, respectively, may submit an answer to such remarks to either the Secretary of the Senate or the Clerk of the House of Representatives, depending on where such remarks were made. If such remarks were made orally on the floor, then the answer shall be read on the floor by the Secretary of the Senate or the Clerk of the House of Representatives, depending on where such remarks were made and such answer, if received in time, shall be printed in the daily and permanent editions of the Congressional Record immediately following such remarks. If such remarks were in the form of an extension of remarks, printed in the Appendix of the Record, then the answer shall not be read on the floor but shall be printed in the Appendix. In either case, such answer shall be subscribed and sworn to before any duly authorized notary public, and shall not exceed in length the remarks that it answers or one half a printed page in the Congressional Record, whichever is the greater. SEC. 2. The section of this resolution shall be a rule of each House, respectively, and shall supersede any other rule thereof but only to the extent that it is inconsistent with such other rule. [S. Con. Res. 86, 83d Cong., 2d sess.] CONCURRENT RESOLUTION Resolved by the Senate (the House of Representatives concurring), That (a) no part of any hearing or other proceeding of any committee of the Congress shall be broadcast by television or recorded by means of any television or motion picture camera or by any other means for use in any television broadcast, if such hearing or proceeding is begun after the adoption of this resolution. (b) As used herein, the term "committee of the Congress" includes any standing, special, or select committee of either House of the Congress, any joint committee of the Congress, and any subcommittee of any such committee. The CHAIRMAN. In view of the importance of the subject matter of these resolutions and the interest displayed by Members of the Congress and the public, this subcommittee intends to hold comprehensive hearings and to study this problem with the greatest of care. The subcommittee intends to afford the sponsoring Senators every opportunity to present their views and expects to hear a large number of individuals and organizations. Let the record show that Senator Carlson, a member of this committee, is present and that Senator Hayden will appear in a short while. Senator, before proceeding to testify, if you are going to state some personal views, do you want to state them under oath or do you just want to proceed? Senator BUSH. Mr. Chairman, I will do whichever you care to have me do. The CHAIRMAN. It is up to you, sir. Senator BUSH. I certainly will be glad to accept the oath, if you would like me to do so. The CHAIRMAN. All right. Do you solemnly swear the testimony given in this hearing will be the truth, the whole truth, and nothing but the truth, so help you God? Senator BUSH. I do. The CHAIRMAN. Senator Bush, do you have a prepared statement? The CHAIRMAN. And you have submitted it to the committee? The CHAIRMAN. You have already submitted that statement, have you? Senator BUSH. I have submitted that statement. I would like, if the chairman permits, to go through the statement. I don't think it will take me over 20 minutes. The CHAIRMAN. Fine, sir. Senator BUSH. I will not read part of it, and which I will ask be inserted. The CHAIRMAN. Proceed, sir. TESTIMONY OF HON. PRESCOTT BUSH, A UNITED STATES SENATOR FROM THE STATE OF CONNECTICUT Senator BUSH. Mr. Chairman, members of the committee, and Judge Morris, whom I am glad to see back in Washington again: I am pleased that the Committee on Rules has decided to consider in this session of the 83d Congress various proposals for fair investigating procedures. I wish to thank the chairman for this opportunity to appear and testify in support of Senate Resolution 253, a code of fair procedures which I introduced in the Senate last May 24. I believe that Senate Resolution 253 provides a basis for a good and workable code that will give needed protection to individuals who become involved in investigations and at the same time will not in any way hamstring our committees. Before discussing some of the specific provisions of Senate Resolution 253, I would like to make some general observations on a few of the major issues which are involved. Although Senate committees investigate in many fields, and Senate Resolution 253 would apply to all committees, public interest has centered on investigations of subversion. This is a sensitive subject; emotions are easily aroused and partisan feelings become intense. Yet, we in the Senate should strive to keep such factors from influencing our consideration of the problems which present themselves in this area. In sponsoring the proposed code of fair investigating procedures, I stress the importance of achieving unity among all patriotic Americans in the fight against communism, which remains a threat within the borders of the United States as well as in the world. Our alertness to the danger of internal subversion has been sharpened in recent years, and our defenses against it have been strengthened; yet, the danger remains and we must not relax our guard. My statement in the Congressional Record accompanying the text of Senate Resolution 253 contains these remarks: We need a united Nation to meet the Communist threat in the world; we need a united Nation to make certain that our democracy is not destroyed by subversion from within. The Senate can make progress toward forging that essential unity by insisting that investigations into subversion, and all other investigations as well, be conducted with fairness and a sense of responsibility. Mr. Chairman, I will not now quote further from the statement, but I request that the text of the statement referred to be printed at this point in the record of this hearing. The CHAIRMAN. It may go into the record and become part of it. (The statement referred to is as follows:) STATEMENT BY SENATOR PRESCOTT BUSH IN REGARD TO A PROPOSED CODE OF FAIR PROCEDURES FOR CONGRESSIONAL INVESTIGATIONS, MONDAY, MAY 24, 1954 I am introducing in the Senate today a resolution proposing a code of fair procedure for investigations conducted by committees of the United States Senate. The establishment of such a code is a responsibility the Senate must face. The Nation has been witnessing an unpleasant spectacle in the hearings involving charges made in turn against the chairman and certain members of the staff of the Senate Permanent Subcommittee on Investigations, on the one side, and civilian officials of our Military Establishment on the other. This is not the time to discuss the merits of that unfortunate controversy. But, in my judgment, we should draw from it now the clear lesson that the Senate as a whole bears a share of the responsibility. If the Senate, in the past, had adopted uniform requirements for fair investigating procedures, and had insisted on their observance, these hearings probably would not have been necessary. Let us meet at once the objection that fair procedures would cripple investigations into communism, more specifically into Communist infiltration of our Government and other areas of our life. It is true that any Member of the Congress who seeks to expose Communists or Communist sympathizers automatically becomes a target of attack by those who are involved, directly or emotionally, in the Communist conspiracy, and that that attack includes indiscriminate criticism of methods. It is equally true that many patriotic Americans have become seriously alarmed at abuses of the investigative power. Fear exists in the minds of these loyal Americans clergymen of all faiths, schoolteachers, educators at all levels, Government employees, lawyers, men and women in all walks of life-that if the Congress does not insist on fair and just investigating methods, the basic rights of all individuals may be undermined or even destroyed. Those who seek to lump together the Communists who oppose all investigations of their activities and the loyal Americans who oppose only those investigating methods which offend their sense of justice and fair play are making a serious mistake. Nothing could play more into the hands of the Communists, and create unhealthy divisions among us at a time when Red aggression is on the march and our best thought and energy are needed to bring it to a halt. We need a united Nation to meet the Communist threat in the world; we need a united Nation to make certain that our democracy is not destroyed by subversion from within. Then Senate can make progress toward forging that essential unity by insisting that investigations into subversion, and all other investigations as well, be conducted with fairness and a sense of responsibility. The problem of reconciling the right of the Congress to gather facts with the right to fair treatment of individuals called before investigating committee is crying for solution. The problem has existed for many years. difficult, but that does not excuse shirking it. The task of solving it may seem The resolution being introduced proposes one possible solution, which, I believe, would not in any way hamper responsible investigations. I take no pride in authorship. The resolution draws heavily on recommendations which have been made by the majority policy committee, and upon suggestions which have come from hearings held during this Congress by the Subcommittee on Legislative Procedure of the Committee on Rules of the House of Representatives. It is being submitted in the hope that it may receive serious study by Senators on both sides of the aisle, and may stimulate suggestions for improvement. This problem should be considered in an atmosphere of cooperation between my party and those on the other side of the aisle. Partisan charges on either side about events in the past will not contribute toward a solution. Let us keep our attention focused on the important principles which are at stake and strive to avoid being diverted by questions involving personalities. For the principles with which we are concerned affect the honor and dignity of the Senate as a whole, as well as the basic liberties of our citizens and our national security. They far outweigh in importance the political fortunes of any of us individual Senators. Much remains to be done on the legislative program proposed to us by the President of the United States, a program whose fulfillment is needed to strengthen our defenses against Communist imperialism and to strengthen our domestic economy. We all realize that we are pressed for time in acting on that program. We would not want to see that program blocked by prolonged discussion of other matters. Nevertheless, this question of fair procedures for congressional investigations is so serious, and of such great concern to the people of this country, that it deserves our attention at the first opportunity. I urge the majority leader and the minority leader to use their great influence in expediting action to the maximum extent possible, consistent with the other heavy responsibilities which they bear. We in the Senate should recall the words of the President of the United States in his statement of March 4, 1954, dealing with this problem. He said this: "We must be unceasingly vigilant in every phase of governmental activity to make certain there is no subversive penetration. "In opposing communism, we are defeating ourselves if either by design or carelessness, we use methods that do not conform to the American sense of justice and fair play. "The conscience of America will clearly discern when we are exercising proper vigilance without being unfair. That conscience is reflected in the body of the United States Congress. We can be certain that its Members will respond to |