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

1

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 e broadcast by television or recorded by means of any television or motion picure camera or by any other means for use in any television broadcast, if such earing or proceeding is begun after the adoption of this resolution.

(b) As used herein, the term "committee of the Congress" includes any standng, special, or select committee of either House of the Congress, any joint comnittee 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?
Senator BUSH. I do.

The CHAIRMAN. And you have submitted it to the committee?
Senator BUSH. I beg your pardon.

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 r Communist sympathizers automatically becomes a target of attack by those ho are involved, directly or emotionally, in the Communist conspiracy, and that hat attack includes indiscriminate criticism of methods.

It is equally true that many patriotic Americans have become seriously alarmed th-abuses of the investigative power. Fear exists in the minds of these loyal Americans clergymen of all faiths, schoolteachers, educators at all levels, overnment employees, lawyers, men and women in all walks of life-that if he Congress does not insist on fair and just investigating methods, the basic Fights of all individuals may be undermined or even destroyed.

Those who seek to lump together the Communists who oppose all investigadons 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. The task of solving it may seem difficult, but that does not excuse shirking it.

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 Jake 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

America's convictions and beliefs in this regard." Let us heed the call of our consciences.

Senator BUSH. That will take us over to the middle of page 3 on the prepared statement.

The importance of unity in our battle against communism also has been stressed by the President of the United States. In his Memorial Day address at the National Bicentennial Dinner of Columbia University, President Eisenhower said this:

Possibly in no other way do the Communists so clearly exhibit their fear of the free world achieving real unity as in their persistent efforts to divide and thereby weaken us. They exploit every difference of view among independent nations to make honest discussion falsely appear, not as a valued characteristic of free systems, but as indication of mutual hatreds and antagonisms. This doctrine of divide and conquer they apply not only as between nations, but among groups and individuals of the same nation. They ceaselessly attack our social, industrial, educational, and spiritual institutions, and encourage every type of internecine struggle of whatever kind.

It is very easy

I am continuing the President's remarks

to become an unwitting tool or ally of such conniving. For example, there is no other subject or purpose in which Americans are so completely united as in their opposition to communism. Yet, my friends, and I say this sadly, is there any other subject that seems, at this moment, to be the cause of so much division among us as does the matter of defending our freedoms from Communist subversion? To this problem we must apply more knowledge and intellect and less prejudice and passion. Above all, we must not permit anyone to divert our attention from the main battle and to inspire quarrels that eventually find good citizens bitterly opposed to other good citizens, when basically all would like to be joined in effective opposition to communism.

That is the end of the President's statement which I quoted.

Now, it appears unfortunately too true that many patriotic Americans have become alarmed by what have seemed grossly unfair and improper methods employed by some congressional investigating committees. This has caused disunity; indeed, grave apprehension and unhappiness.

Obviously, some criticism of investigating methods stems from the Communists themselves and from fellow travelers; but, apart from these self-serving attacks, one sees a mounting volume of criticism from completely responsible and loyal citizens in all walks of life.

In the statement which accompanied my filing of Senate Resolution 253, I made these observations-and I quote:

It is true that any Member of the Congress who seeks to expose Communists or Communist sympathizers automatically becomes a target of attacks 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 alarmed at abuses of the investigative power. Fear exists in the minds of these loyal Americans clergymen of all faiths, school teachers, 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 destroyed.

Those who seek to lump together the Communists who oppose all investigations of their activities and these 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.