resentment forced the hand of those who were protecting the corrupters and subverting the will of the people. Nor is it too much to say that many others, equally guilty, will never be removed from office, simply because they will for one reason or another be able to avoid the bright light of public exposure.

As matters now stand, it is becoming increasingly difficult, if not impossible, for either the public or the Congress to secure the full and unvarnished facts concerning the operation and activities of the various executive agencies. Indeed many legitimate requests for information made by the Congress in good faith are met by open hostility and public denunciation on the part of the executive agencies. The so-called security order recently issued by the President affords little reason to believe that this attitude will change or that the information requested and required by the Congress will be more readily made available in the future.

The conditions referred to above are serious. They pose grave questions as to the future of this Nation. But these conditions are not of such nature that they are likely to be corrected appreciably by a Commission on Ethics in Government. Only the people, by prompt action and continued vigilance, can meet and correct these problems.

In this connection it may be well to pose another question to those listed by the subcommittee under the subtitle "Characteristics of American life." That question is this: "Does the preservation of the American system of government require periodic political changes in administration?"

Any impartial study of political history demonstrates that corrup tion is the inevitable result when one political party or faction re mains too long in power. The party follower, too long entrenched. all too frequently tends to think less and less about his responsibili ties to the people, and more and more about the power which he wields. He comes inevitably to regard his sinecure as a vested personal right and the rights of the people as his pawn. As this process develops what may once have been regarded as corruption tends to become regarded as a perquisite of office.

In the face of such a situation, a people determined to reassert its sovereignty will not place its entire faith in commissions on ethics, but will use its power of direct action-the power of the ballot-to correct this unsavory and dangerous condition. It may well be that the conditions which exist in government today will rouse the people to prompt and sweeping action. And in all political history no adage has stood the test of time like that old adage which holds that: "A new broom sweeps clean."

Government at the top, like any other dynamic organization, needs new blood. The temptation for the inefficient to stay on by the fortunes of patronage should be removed through frequent changes of administrations. The present state of affairs is the inevitable result of one party being in office too long.

GEORGE D. AIKEN.

To establish a Commission on Ethics in Government

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

DECLARATION OF POLICY

SECTION 1. It is hereby declared to be the policy of the Congress to strengthen the faith and confidence of the American people in their Government by assisting in the establishment and maintenance of high moral standards in the official conduct of officers and employees of the Government.

ESTABLISHMENT OF THE COMMISSION ON ETHICS IN GOVERNMENT

SEC. 2. For the purpose of carrying out the policy set forth in section 1, there is hereby established a commission to be known as the Commission on Ethics in Government (hereinafter referred to as the "Commission”).

MEMBERSHIP OF THE COMMISSION

SEC. 3. (a) The Commission shall be composed of fifteen members as follows: (1) Five appointed by the President of the United States, of whom one shall be an employee of the United States holding a position not above grade GS-16, or equivalent grade, and one shall be an officer or employee of the United States holding a position above such grade;

(2) Five appointed by the President of the Senate, of whom two shall be Members of the Senate; and

(3) Five appointed by the Speaker of the House of Representatives, of whom two shall be Members of the House.

(b) Of the Members of the Senate appointed under subsection (a) (2) and the Members of the House appointed under subsection (a) (3), not more than one such Member in each instance shall be from the same political party. Except as provided in subsection (a), all members of the Commission shall be appointed from private life.

(c) Any vacancy in the Commission shall not affect its powers but shall be filled in the same manner in which the original appointment was made.

(d) The Commission shall elect a Chairman and a Vice Chairman from among its members.

(e) A quorum of the Commission shall consist of eight members, except that the Commission may establish a lower number as a quorum for the purpose of taking sworn testimony.

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DUTIES OF THE COMMISSION

SEC. 4. (a) It shall be the duty of the Commission

(1) To make a thorough and complete study and investigation of the moral standards of official conduct of officers and employees of the United States; the effect thereon of the moral standards in business and political activity of persons and groups doing business with the Government or seeking to influence public policy and administration; and, in relation thereto, the moral standards generally prevailing in society which condition the conduct of public affairs or which affect the strength and unity of the Nation.

(2) To make recommendations for the improvement, and maintenance at a high level, of the moral standards of official conduct of officers and employees of the United States and of all persons who participate in or are responsible for the conduct of public affairs.

(b) The Commission shall, from time to time during the first session of the Eighty-third Congress, report the results of its study and investigation and submit its recommendation to the President and the Congress and shall submit a final report not later than two years after the appointment of all members of the Commission.

POWERS OF THE COMMISSION

SEC. 5. (a) The Commission may, in carrying out this joint resolution, sit and act at such times and places, hold such hearings, take such testimony, require by subpena or otherwise the attendance of such witnesses and the production of such books, papers, and documents, administer such oaths, have such printing and binding done, and make such expenditures as the Commission deems advisable. Subpenas shall be issued under the signature of the Chairman or any member of the Commission designated by him and shall be served by any person designated by the Chairman or any such member. Any member of the Commission may administer oaths or affirmations to witnesses appearing before the Commission.

(b) The Commission shall have the power to appoint and fix the compensation of such personnel as it deems necessary, but the compensation so fixed shall not exceed the compensation for comparable duties prescribed under the Classification Act of 1949, as amended.

COMPENSATION OF MEMBERS OF THE COMMISSION

SEC. 6. (a) The members of the Commission who are Members of the Congress shall serve without additional compensation. The members of the Commission who are officers or employees of the United States shall serve without additional compensation, but shall continue to receive the salary of their regular position when engaged in the performance of the duties vested in the Commission. All other members of the Commission shall receive $50 per diem when engaged in the performance of the duties vested in the Commission.

(b) All members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of the duties vested in the Commission.

EXPENSES OF THE COMMISSION

SEC. 7. There is hereby authorized to be appropriated such sums as may be necessary to carry out this joint resolution.

EXPIRATION OF THE COMMISSION

SEC. 8. The Commission shall cease to exist thirty days after the submission of its final report.

SECTION B

Recommended bill to amend the Administrative Procedure Act to establish a code for official conduct of officers and employees in the executive branch:

82D CONGRESS 1ST SESSION

S. 2293

IN THE SENATE OF THE UNITED STATES

A BILL

To establish a code for official conduct of officers and employees in the executive branch of the Government, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Administrative Procedure Act is amended by inserting before section 1 thereof "Title I" and by adding at the end thereof a new title as follows:

"TITLE II

"SEC. 101. This title may be cited as the 'Code of Official Conduct'.

"SEC. 102. It shall be improper conduct for any officer or employee in the executive branch of the Government

"(a) to engage, directly or indirectly, in any personal business transaction or private arrangement for personal profit which accrues from or is based upon his official position or authority or upon confidential information which he gains by reason of such position or authority;

(b) to accept, directly or indirectly, any valuable gift, favor, or service from any person with whom he transacts business on behalf of the United States;

"(c) to discuss or consider future employment by any person outside the Government with whom he is transacting business on behalf of the United States;

"(d) to divulge confidential commercial or economic information to any unauthorized person, or to release any such information in advance of the time prescribed for its authorized release; or

"(e) to become unduly involved, through frequent or expensive social engagements, with any person outside the Government with whom he transacts business on behalf of the United States.

"SEC. 103. It shall be improper conduct for any officer or employee in the executive branch of the Government who, on behalf of the United States, participates in the negotiation of contracts, the making of loans, the granting of subsidies, the fixing of rates, or the issuance of valuable permits or certificates to act in any manner in any official transaction or decision which affects chiefly a person (1) by whom he has been employed or with whom he has had any economic interest within two years prior to the time of such transaction or decision, or (2) with whom he has any economic interest at the time of such transaction or decision. "SEC. 104. It shall be improper conduct for any former officer or employee in the executive branch of the Government

"(a) at any time, to appear before the agency of the Government in which he was formerly employed in connection with any case or other matter with which he was directly connected while an officer or employee; or

"(b) at any time, to participate in the preparation of any such case or other

matter.

"SEC. 105. It shall be improper conduct for any former officer or employee in the executive branch of the Government of grade GS-15 or above, or of equivalent rank, for a period of two years after the termination of his service as an officer or employee, to appear before the agency of the Government in which he was formerly employed as the representation of any person outside the Government. "SEC. 106. I shall be improper conduct for any person—

"(a) knowingly to employ any former officer or employee in the executive branch of the Government in connection with any case or other matter which would constitute a breach by such former officer or employee of the provisions of section 104 or 105 of this title;

"(b) to give, directly or indirectly, any valuable gift, favor, or service to any officer or employee in the executive branch of the Government transacting business with him on behalf of the United States;

"(c) to discuss or consider future employment of any officer or employee in the executive branch of the Government transacting business with him on behalf of the United States;

"(d) to persuade any officer or employee in the executive branch of the Government to divulge confidential commercial or economic information to any unauthorized person, or to release any such information in advance of the time prescribed for its authorized release; or

"(e) to become unduly involved, through frequent or expensive social engagements, with any officer or employee in the executive branch of the Government transacting business with him on behalf of the United States. "SEC. 107. (a) Notwithstanding the provisions of any other law, the head of any agency in the executive branch of the Government

"(1) may summarily dismiss any officer or employee in his agency whom he finds has violated section 102 or 103 of this title;

"(2) may, after notice and hearing, bar the appearance before such agency of any former officer or employee whom he finds has violated section 104 or 105 of this title for such period of time as he deems proper;

"(3) may require any person who is represented by another person in an appearance before such agency in connection with any case or other matter to certify under pains and penalties of perjury that such representatives will not by such appearance violate section 104 or 105 of this section;

"(4) may, after notice and hearing, bar any person whom he finds has violated section 106 from negotiating or competing for any business with his agency for such period of time as he deems proper; or

"(5) may cancel any contract which he determines to have been procured as a result of improper conduct in violation of this title, and such determi nation shall be final and conclusive.

"(b) Whenever the head of any agency exercises the authority conferred by paragraphs (1), (2), (4), or (5) of subsection (a), he shall furnish a written statement of his findings to the officer or employee, former officer or employee, or person concerned and shall have such statement published in the Federal Register unless he determines that such publication would not be in the public interest." SEC. 2. References in title I of the Administrative Procedure Act (other than in sections 1 and 2 thereof) to "this Act" shall be held to refer only to title I of such Act, as amended by this Act. References in any other law, or in any rule or regulation, in effect prior to the date of enactment of this Act, to the Adminis trative Procedure Act shall be held to refer only to title I of such Act, as amended by this Act.

SECTION C

Recommended bill to require Members of Congress, other Govern ment officers and certain political party officials to disclose income, assets, and dealings:

82D CONGRESS

1ST SESSION

S. 2284

IN THE SENATE OF THE UNITED STATES

A BILL

To require Members of Congress, certain other officers and employees of the United States and certain officials of political parties to file statements disclosing the amount and sources of their incomes, the value of their assets, and their dealings in securities and commodities

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That each Member of the Senate and House of Representative (including each Delegate and Resident Commissioner), each officer and employee of the United States (including each officer and enlisted person in the armed forces) who (1) receives a salary at a rate of $10,000 or more