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The Operation of the Legislative Reorganization Act of 1946

Published online by Cambridge University Press:  02 September 2013

George B. Galloway
Affiliation:
Library of Congress

Extract

In this article I will attempt to review the operation of the Legislative Reorganization Act of 1946 in terms of its own objectives. Criticisms of the limitations and shortcomings of the Act have been discussed elsewhere. In describing the reformed system and the way it works, it is no part of my intention to impute praise or blame to any of the actors in the drama. As a member of the staff of the Library of Congress, I view the legislative scene with as much nonaxiological detachment as an anthropologist would describe the customs and mores of primitive tribes on some tropical island. Whether or not the system is an authentic expression of democratic government, I am not at liberty to say.

As conceived and formulated by its authors and as enacted by Congress, with some significant omissions, the Act (as I shall henceforth refer to the Legislative Reorganization Act, for the sake of brevity) had the following objectives:

1. To streamline and simplify congressional committee structure.

2. To eliminate the use of special or select committees.

3. To clarify committee duties and reduce jurisdictional disputes.

Type
Research Article
Copyright
Copyright © American Political Science Association 1951

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References

1 See Harris, Joseph P., “The Reorganization of Congress,” Public Administration Review, Vol. 6, pp. 267282 (Summer, 1946)CrossRefGoogle Scholar; Shull, Charles W., “The Legislative Reorganization Act of 1946,” Temple Law Quarterly, Vol. 20, pp. 375395 (January, 1947)Google Scholar; Zink, Harold, “Reorganization Efforts in Congress,” Parliamentary Affairs, Vol. 3, pp. 94103 (Winter, 1949)Google Scholar; Monroney, A. S. Mike, “The Legislative Reorganization Act of 1946: A First Appraisal,” in The Strengthening of American Political Institutions (Ithaca, 1949)Google Scholar. See also Broughton, Philip S., “Congress is Far From Reorganized,” New York Times Magazine, May 18, 1947Google Scholar; Hartnett, Robert C., “Has Congress Been Modernized?America, Vol. 77, pp. 429431 (July 19, 1947)Google Scholar; Kefauver, Estes, “Did We Modernize Congress?National Municipal Review, Vol. 36, pp. 552557 (November, 1947)CrossRefGoogle Scholar.

2 Cf. Galloway, George B., Congress at the Crossroads (New York, 1946), pp. 342344Google Scholar.

3 Congressional Record, 81st Cong., 2nd Sess., pp. 20112034 (Feb. 20, 1950)Google Scholar. This and subsequent citations are to the pages of the daily edition.

4 Ibid., 81st Cong., 1st Sess., pp. 131–133 (Jan. 10, 1949).

5 Hearings before the Joint Committee on the Organization of Congress, 79th Cong., 1st Sess., pursuant to H. Con. Res. 18 … (Washington, 1945), p. 1039. Hereafter cited as Hearings Pursuant to H. Con. Res. 18.

6 For comments on the operation of subcommittees under the Act, see Hearings before the Committee on Expenditures in the Executive Departments, U. S. Senate, 80th Cong., 2nd sess., on Evaluation of Legislative Reorganization Act of 1946 (Washington, 1948), pp. 57, 62, 63, 81, 118, 125, 199. Hereafter cited as Hearings on Evaluation of the Legislative Reorganization Act.

7 A special or select committee is one which lacks authority to report bills. Its life expires with the Congress during which it was created.

8 The Joint Committee on Foreign Economic Cooperation was terminated as of Aug. 31, 1950.

9 Congressional Record, 81st Cong., 2nd sess., pp. 2353–2355, 2646–2667, 14863–14865, 15085–15086.

10 On investment, unemployment, low-income families, and monetary, credit and fiscal policies.

11 Rep. Thomas A. Jenkins protested reference of the Health Insurance bill (H.R. 4312) to the House Committee on Interstate and Foreign Commerce instead of to the Ways and Means Committee. Congressional Record, 81st Cong., 1st sess., pp. A2661–A2662 (April 28, 1949)Google Scholar.

12 See Hearings Pursuant to H. Con. Res. 18, p. 34.

13 Congressional Record, 81st Cong., 1st sess., pp. 1052810533 (July 28, 1949)Google Scholar.

14 Ibid., 80th Cong., 1st sess., pp. 1465–1467 (Feb. 26, 1947).

15 Lasswell, Harold D., National Security and Individual Freedom (New York, 1950), p. 195Google Scholar.

16 See Maass, Arthur A., “Congress and Water Resources,” American Political Science Review, Vol. 44, p. 593 (Sept., 1950)CrossRefGoogle Scholar.

17 Hearings on Evaluation of the Legislative Reorganization Act, pp. 149–150.

18 Lasswell, op. cit., p. 106.

19 This section was amended by Public Law 197, 80th Cong., to provide for the publication of this information concerning House committee employees in the Congressional Record instead of in the Congressional Directory. S. Res. 123, 80th Cong., made the same change for Senate committee personnel.

20 See Congressional Record, 80th Cong., 1st sess., pp. 65376539 (June 4, 1947)Google Scholar, for a point of order against a conference report that was overruled by the Speaker.

21 Steiner, Gilbert Y., The Congressional Conference Committee (1950)Google Scholar, Ch. XII.

22 For a full discussion of conference action on the Reorganization Act of 1949, see Heady, Ferrel, “The Reorganization Act of 1949,” Public Administration Review, Vol. 9, pp. 166174 (Summer, 1949)CrossRefGoogle Scholar. For floor discussion of this conference report, see Congressional Record, 81st Cong., 1st sess., pp. 7747–7749; 7940–7941, 79837994 (June 13 and 16, 1949)Google Scholar.

23 Ibid., p. 13970 (Oct. 3, 1949).

24 Ibid., 80th Cong., 2nd sess., p. 9206 (June 19, 1948).

25 Ibid., 81st Cong,, 1st sess., pp. 53–56 (Jan. 5, 1949).

26 For objections to such change, see testimony by La Follette, Senator in the Hearings on Evaluation of the Legislative Reorganization Act, pp. 6465Google Scholar.

27 For salaries and expenses of the Majority Policy Committee and the Minority Policy Committee, $45,715 for each such committee; in all, $91,430. Public Law 759, 81st Cong., 2nd sess., p. 2.

28 Committee on Political Parties, American Political Science Association, “Toward a More Responsible Two-Party System,” American Political Science Review, Supplement, Vol. 44, p. 59 (September, 1950)Google Scholar.

29 Jones, Victor, in “The Social and Political Framework of Stabilization Policy,” Ch. 2 of “Income Stabilization for a Developing Democracy” (unpublished ma., 1950), p. 37Google Scholar.

30 See the story of “Operation Falseface,” by Norton, Howard M. in the Baltimore Sun, March 6 and 7, 1947Google Scholar.

31 In 1947 the Office of Coordinator of Information for the House of Representatives was created. This Office renders a general information service to members of the House. It has a small staff of nine persons and a budget of $69,000 for 1951. The Coordinator is appointed by the Speaker and is compensated at the rate of $12,000 a year. H. Res. 183, 81st Cong., 1st sess.

32 Section 202(g) of the Act forbade the appointment of any professional staff member to any position in the executive branch for one year after his committee service. But this prohibition was repealed by Public Law 8 of the 81st Congress.

33 Smith, George H. E., Memorandum on Committee Staff Organization, to Chairmen of Senate Committees. Undated, 13 pp.Google Scholar

34 Kammerer, Gladys M., The Staffing of the Committees of Congress (Lexington, Ky., 1949), pp. 3843Google Scholar.

35 In Chapter VI of his Stokes Lectures, to be delivered at New York University in April, 1951.

37 In the 79th Congress, 7,239 measures were referred to, and 2,728 were reported by, the standing committees. In the 81st Congress, not including the “lame duck” session, 16,328 measures were referred and 5,716 were reported.

38 For a full description of this situation, see my memorandum on “The Reform of Private Bill Procedure,” Congressional Record, 81st Cong., 1st sess., pp. A3047–A3050 (May 12, 1949)Google Scholar.

39 See his testimony in Hearings on Evaluation of the Legislative Reorganization Act, pp. 170–180.

40 Ibid., pp. 253–254.

41 Ibid., p. 264.

42 Ibid., p. 180. Mr. Smith has also suggested creation of an Advisory Council on Federal Legislation to screen proposals for new Federal functions and agencies.

43 For good examples of committee reports reflecting the oversight function, see House Report No. 2433, 80th Cong., 2nd sess.; Senate Doc. No. 4, 81st Cong., 1st sess.; Senate Report No. 5, 81st Cong., 1st sess.

44 Activity of the Committee on Interstate and Foreign Commerce, 80th Cong. House Report No. 2433, 80th Cong., 2nd sess., pp. 2–3.

45 Commission on Organization of the Executive Branch of the Government, Task Force Report on Regulatory Commissions (Washington, 1949), pp. 3738Google Scholar.

46 Congressional Oversight of Administrative Agencies,” The Record of the Association of the Bar of the City of New York, Vol. 5, pp. 1129 (January, 1950)Google Scholar.

47 For a fuller account of experience with the legislative budget, see my Public Affairs Bulletin No. 80, Reform of the Federal Budget (April, 1950), pp. 47–48, 100110Google Scholar. See also Monroney, A. S. Mike in The Strengthening of American Political Institutions, pp. 1720Google Scholar; and his testimony at the Hearings on Evaluation of the Legislative Reorganization Act, pp. 84–87.

48 Galloway, , Reform of the Federal Budget, pp. 7072Google Scholar.

49 Hearings on the Legislative Reorganization Act, pp. 86–87.

50 As reported by Cannon, Clarence Chairman, Congressional Record, 81st Cong., 2nd sess., p. 11054 (July 24, 1950)Google Scholar.

51 Kammerer, op. cit., p. 7.

52 The Strengthening of American Political Institutions, p. 20.

53 Cf. testimony by George B. Galloway before the House Select Committee on Lobbying Activities, March 28, 1950, Part I, pp. 97–105.

54 See statement by Hon.Buchanan, Frank, Congressional Record, 81st Cong., 2nd sess., pp. A5411–A5413 (July 17, 1950)Google Scholar.

55 See General Interim and Final Reports of the House Select Committee on Lobbying Activities, House Reports No. 3138 and 3239, 81st Cong., 2nd sess.

56 Graves, W. Brooke, Administration of the Lobby Registration Provisions of the Legislative Reorganization Act of 1946: An Analysis of Experience during the Eightieth Congress (Washington, 1950)Google Scholar.

57 Hearings before the House Select Committee on Lobbying Activities, Part I, p. 112.

58 Ibid., pp. 106–107.

59 Idem. See also Zeller, Belle, “The Federal Regulation of Lobbying Act,” American Political Science Review, Vol. 42, pp. 268271 (April. 1948)CrossRefGoogle Scholar.

60 See testimony of Rhame, William T., of Heller, Robert and Associates, in Hearings before Subcommittee No. 4 of the House Judiciary Committee, February 9, 1945Google Scholar.

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