ESTABLISHING AN ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP61-00357R000100110004-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 27, 2016
• Document Release Date: August 29, 2013
• Sequence Number: 4
• Publication Date: July 27, 1959
• Content Type: REPORT

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Calendar No. 581
86TH CONGRESS t SENATE
REPORT
1st Session j No. 584
?
ESTABLISHING AN ADVISORY COMMISSION ON INTER-
GOVERNMENTAL RELATIONS
JULY 27, 1959.?Ordered to be printed
Mr. MUSKIE, from the Committee on Government Operations,
submitted the following
REPORT
[To accompany S. 2026]
The Committee on Government Operations, to whom was referred
the bill (S. 2026) to establish an Advisory Commission on Inter-
governmental Relations, having considered the same, report favorably
thereon with an amendment and recommend that the bill as amended
do pass.
The amendment is in the nature of a substitute.
PURPOSE
S. 2026, as amended, is designed to strengthen the ability of our
Federal system to meet the problems of an increasingly complex
society by promoting greater cooperation, coordination of activities,
and understanding among the separate levels of government. It
seeks to accomplish this by establishing a 27-member bipartisan
permanent Advisory Commission on Intergovernmental Relations,
authorized to make a continuing study of intergovernmental problems
at Federal, State, and local levels, and required to report to the
President and the Congress annually. The Commission would be
composed of three officers of the executive branch of the Federal
Government; three Senators; three Members of the House of Repre-
sentatives; four Governors; three members of State legislatures; four
mayors; four county officials; and three private citizens.
In carrying out its duties, the Advisory Commission would be
expected to (1) bring together representatives of the Federal, State,
and local governments for the consideration of common problems;
(2) provide a forum for discussing the administration and coordination
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of Federal grant and other programs requiring intergoverninental
cooperation; (3) give critical attention to the conditions and controls
involved in the administration of Federal grant programs; (4) make
available technical assistance to the executive and legislative branches
of the Federal Government in the review of proposed legislation to
determine its overall effect on the Federal system; (5) encourage
discussion and study at an early stage of emerging public problems
that are likely to require intergovernmental cooperation; (6) recom-
mend, within the framework of the Constitution, the most desirable
allocation of governmental functions, responsibilities, and revenues
among the several levels of government; and (7) recommend methods
of coordinating and simplifying tax laws and administrative practices
to achieve a more orderly and less competitive fiscal relationship
between the levels of government and to reduce the burden of
compliance for taxpayers.
In addition to making such studies and investigations as are
necessary or desirable in the accomplishment of these purposes, the
Commission would also be required to (1) consider, on its own
initiative, ways and means for fostering better relations between
levels of government; (2) submit an annual report to the President
and the Congress on or before January 31 of each year; and (3) submit
such additional reports to the President, the Congress, and any unit
of government as the Commission may deem appropriate.
Of the 27 members of the Advisory Commission, 21 would be ap-
pointed by the President of the United States and 3 each would be
appointed by the President of the Senate and the Speaker of the
House of Representatives from among the membership of the respec-
tive Houses of Congress. Of those appointed by the President, three
would be officers of the executive branch of the Government and three
would be private citizens, all six of whom must have had experience
or familiarity with intergovernmental relations; four would be chosen
from a panel of at least eight Governors submitted by the Governors'
conference; three from a panel of at least six members of State legis-
lative bodies submitted by the board of managers of the Council of
State Governments; four from a panel of at least eight mayors sub-
mitted jointly by the American Municipal Association and the U.S.
conference of mayors; and four from a panel of at least eight elected
county officers submitted by the National Association of County
Officials. In the cape of Governors, State legislators, mayors, and
county officials, not more than one may be from any one State; and
in the case of mayors, at least two appointees must be from cities under
500,000 population.
ADDITIONAL PROVISIONS OF S. 1026
Members of the Commission would be appointed for a term of 2
years and would be eligible for reappointment, but when any member
ceases to serve in the official position from which he was appointed,
his place on the Commission would be deemed vacant. All members
would be appointed on a bipartisan basis, except the three private
citizens whose appointment would be without regard to political
affiliation. Vacancies would be filled in the same manner in which
the original appointment was made, except that where the number of
vacancies is fewer than the number of members specified, in the case
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.v... INTERGOVERNMENTAL RELATIONS 3
of Governors, State legislators, mayors, and county officers, each panel
of names submitted must contain at least two names for each vacancy.
The President would be required to convene the Commission within
90 days following enactment of the act at such time and place as he
may designate for the Commission's initial meeting; the President
would designate a Chairman and a Vice Chairman from among the
members of the Commission; and 14 members would constitute a
quorum, but 2 or more members would constitute a quorum for the
purpose of conducting hearings.
The Commission, or any subcommittee or members thereof, when
authorized by the Commission, may hold such hearings, sit and act
at such times and places, and take such testimony in carrying out the
provisions of the act as the Commission deems advisable. Each de-
partment, agency, or instrumentality of the executive branch, includ-
ing independent agencies, would be authorized and directed to furnish
the Commission, upon request of the Chairman or Vice Chairman,
such information as the Commission deems necessary to carry out its
functions under the act.
The Commission would be authorized to appoint, fix the compensa-
tion of, and remove the staff director without regard to civil-service
laws and the Classification Act of 1949, such appointment to be made
solely on the basis of fitness to perform the duties of the position and
without regard to political affiliation. Subject to such rules and regu-
lations as may be adopted by the Commission, the Chairman would
be authorized, without regard to civil-service laws, the Classification
Act of 1949, and political affiliation, to appoint, fix the compensation
of, and remove such additional personnel as he deems necessary, and
to procure temporary and intermittent services of experts and ? con-
sultants at rates not to exceed $50 per day. Employees of the Com-
mission may not be paid compensation at a rate in excess of $20,000
per annum. The staff director and the full-time employees of the
Commission would be considered Federal employees for all purposes,
including the Civil Service Retirement Act, the Federal Employees
Group Life Insurance Act of 1954, annual and sick leave, and the
Travel Expense Act of 1949.
Members of the Commission would receive a per diem of $50 when
engaged in the performance of their official Commission duties,
except those members who are Members of Congress, officers of the
executive branch of the Government, or full-time salaried officers of
city and county governments, who would serve without additional
compensation. All members of the Commission would be allowed
necessary travel expenses without regard to the Travel Expense Act of
1949 and other applicable statutes governing travel expenses, or, in
the alternative, a per diem in lieu of subsistence and mileage not to
exceed the rates prescribed in the Travel Expense Act of 1949. All
members would also be entitled to reimbursement of other necessary
expenses incurred by them in the performance of official Commission
duties.
BACKGROUND
The establishment of a commission to study various aspects of
Federal-State-local relations has received almost continuous consid-
eration by this committee since 1947, when a Subcommittee on Inter-
governmental Relations was established. Following a meeting of
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members of congressional committees and Governors, called for the
purpose of studying Federal-State tax relations, held in Chicago on
September 26-27, 1947, the Senate Committee on Government
Operations (then the Committee on Expenditures in the Executive
Departments) was designated to conduct a special study of the prob-
lems of coordination of Federal and State taxes, with the objective of
strengthening the tax structures of local and State governments and
compensating them for losses of revenues from former sources of
taxation. In its report to the Senate (S. Rept. 1054, 80th Cong.),
stress was placed by the committee on the importance of assuring that
Federal, State, and local tax systems are adequate to the task assigned
to them and on the need for determining whether they fit together
into a combined tax system which is equitable, administratively
efficient, and economically sound.
Various studies were continued in 1948, and early in 1949, the
committee received the report and recommendations of the first
Commission on Organization of the Executive Branch of the Govern-
ment (Hoover Commission) dealing with Federal-State Relations
(S. Doc. 81, 81st Cong.). One of the major recommendations was
that a continuing agency on Federal-State relations be created, with
primary responsibility for study, information, and guidance in that
field.
In 1949, the committee considered three Senate measures relative
to the establishment of a National Commission on Intergovernmental
Relations which would have been required to study and make recom-
mendations with respect to various aspects of intergovernmental
relations, including intergovernmental tax immunities. Joint hear-
ings were held by the Subcommittees on Intergovernmental Relations
of both the Senate and House Committees on Government Operations,
lasting 5 consecutive days, and at which 267 pages of testimony were
received and more than 20 witnesses were heard. A committee bill
was reported favorably on June 13, 1949 (S. Rept. 488, 81st Cong.),
but failed of passage late in the ses'sion upon objection on a call of the
Senate Calendar.
In 1950, the committee considered S. 3147, which had been drafted
by its Subcommittee on Intergovernmental Relations. It was in-
troduced by Senator Humphrey, for himself and 42 other Senators,
and was substantially similar to the measure previously reported.
This bill was reported favorably on June 22, 1950 (S. Rept. 1856.
81st Cong.), but also failed of passage.
Following consideration of other similar bills in the 82d and 83d
Congresses, a temporary Commission on Intergovernmental Relations
was created in July 1953 (Public Law 109, 83d Cong.) (Kestnbaum
Commission). This Commission made an exhaustive examination of
the entire field. In its recommendations, which covered a wide area
of Federal-State-local relations, the Commission stressed the impor-
tance of strengthening communications and relations between the
levels of government.
In 1955, the Subcommittee on Intergovernmental Relations of the
House Committee on Government Operations undertook an exhaus-
tive analysis of the Kestnbaum Commission's report with a view to
evaluating and implementing its recommendations. Following a
3-year study by that subcommittee, the House Committee on Govern-
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ment Operations issued a report (H. Rept. 2533, 85th Cong.), in
which it recommended?
the establishment of a broadly based Advisory Commission
on Intergovernmental Relations, drawing its membership
from the Congress, the executive branch, Governors, State
legislators, mayors, county officials, and private citizens.
JOINT HEARINGS
Joint hearings were held on S. 2026 and two companion House
bills, H.R. 6904 and H.R. 6905, by the Intergovernmental Relations
Subcommittee of the House Committee on Government Operations
and the Senate Committee on Government Operations. At these
hearings, held on June 16, 17, 19, and 22, 1959, the committees heard
21 witnesses and received written statements from 45 additional
individuals or organizations who were unable to be present.
The witnesses included Members of Congress, Governors mayors
representing the American Municipal Association and the U.S. Con-
ference of Mayors, a spokesman for the National Association of County
Officials, and former members of the Commission on Intergovern -
mental Relations. Testimony or statements favoring this legislation
were received from 22 Governors. No Governor was opposed to the
Commission's establishment.
State Senator Leslie B. Cutler of Massachusetts presented the com-
mittees in joint hearing with a unanimous resolution adopted June 10,
1959, by the Massachusetts Senate memorializing the Congress to
enact this legislation for the establishment of an Advisory Commis-
sion on Intergovernmental Relations. Similar resolutions have also
been adopted by the American Municipal Association the U.S. Con-
ference of Mayors, and the National Association of Association,
Officials.
Throughout the hearings, much emphasis was placed by the wit-
nesses upon the urgent need for a permanent body which would give
continuing attention to major intergovernmental problems and which
would act as a center or clearinghouse for the assistance of government
officials at all levels in coordinating related activities.
In his testimony, Mr. Meyer Kestnbaum, referring to the work of
the Commission on Intergovernmental Relations which he headed,
pointed out that the study made by that Commission was only the
beginning of a real inquiry into the whole subject. He concluded by
stating:
I should like to go on record as saying that the idea of a
commission that will give the President and the Congress
the benefit of careful, incisive research and examination of
the many problems that face us in this area is sound, and that
it can fulfill a very important and useful function.
COMMITTEE ACTION
After a careful review of the testimony, and based upon its own
experience covering a period of more than 12 years, the committee
found that there is an urgent need for permanent organizational ar-
rangements to assist in improving relations between the various levels
of government with a view toward strengthening our Federal system.
The committee found further that, despite the many studies which
have been made and the work which has been done by congressional
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, LW V .1.0,./.1.4 INTERGOVERNMENTAL RELATIONS
committees and other groups both public and private, the basic
problems still remain. The related problems of Federal, State, and
local governments continue to grow more complex, and there is no
place to which government officials at the different levels of govern-
ment may turn for discussion, exchange of ideas, expert assistance,
and advice. Numerous piecemeal attempts have been made to meet
these problems, but no notable success appears to have resulted from
these efforts.
Accordingly, it is the committee's view that the only feasible ap-
proach to these continuing problems is to provide an agency which
would (1) bring together representatives of all levels of government
for a discussion of their common problems and which would provide
a forum for discussion and coordination of various Federal programs
requiring intergovernmental cooperation; (2) encourage discussion of
emerging public problems which are likely to require intergovern-
mental cooperation; (3) make continuing studies of the problems and
recommend the most desirable allocation of governmental functions,
responsibilities, and revenues among the several levels of government;
and (4) recommend methods of coordinating and simplifying tax laws
so as to achieve a more orderly and less competitive fiscal relationship
between the levels of government.
In considering various means of achiev;ng these objectives, the
committee determined that the establishment of a permanent Ad-
visory Commission on Intergovernmental Relations would provide
the, most practical approach. It was the view of the committee,
however, that if such a commission is to be effective, it must be a
genuine, intergovernmental body, truly representative of all levels of
government, and not an agency dominated or controlled by any one
level.
In order to accomplish this objective, the committee deemed it
necessary to provide for the widest possible coverage, not only from
the standpoint of levels of government, but also with respect to
geographic considerations. The committee desires to stress, in this
connection, that it does not intend this coverage to mean that repre-
sentatives of the various levels will act as special pleaders for those
levels, or that members of the Commission will regard themselves
primarily as representatives of any particular group, level of govern-
ment, or geographic area for the advancement of a special interest.
The arrangement provided for is intended to encourage the assumption
of responsibility by the appropriate level or levels of government with
respect to any given problem, rather than to urge a Federal solution
merely because Federal action appears to be the easiest course. -
The committee also desires to point out that in providing for the
appointment of Commission members, it has sought to assure the
selection of outstanding, dedicated persons, possessing special knowl-
edge and qualifications in the field of intergovernmental relations,
who will perform their duties objectively. Thus, provision has been
made for the participation of the leading State and local government
organizations in the selection of State and local members, since these
organizations are well equipped to recommend outstanding individuals
from their respective levels of government.
The committee is aware of the fact that a 27-member body may
appear to be cumbersome. However, such a number was deemed
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necessary in order to provide for and maintain the necessary balance
on the Commission. It should be noted that it is the committee's
intention that the Commission will establish working committees in
various fields, and will retain a staff of qualified experts and consultants
in order to assist it in carrying out its duties and responsibilities.
Consideration was given to providing for contributions by the
States of a portion of the Commission's operating expenses. Although i
the committee believes that joint Federal-State financial support s
desirable in principle, considerable doubt existed as to the practica-
bility of such an arrangement. Accordingly, in order to avoid handi-
capping the Commission with difficulties which are apt to arise from
a joint arrangement, it was deemed advisable to have the Commis-
sion's operating expenses paid wholly from Federal funds. However,
the committee is of the opinion that the States should, and will desire
to, contribute indirectly to the Commission's support by furnishing
staff assistance to the Commission and to its working committees.
COMMITTEE AMENDMENTS
The committee adopted a number of recommendations made by
witnesses at the hearings, as well as some which were proposed by the
Director of the Bureau of the Budget.
The principal amendments are (1) an elaboration of the declaration
of purpose, so as to broaden and clarify the frame of reference and the
duties of the Commission (secs. 2 (6) and (7)); (2) enlargement of
the membership of the Commission from 24 to 27 members, so as to
afford county government greater and more proportionate repre-
sentation (sec. 3(a)); (3) enlargement of the size of the panels to be
submitted to the President by the various levels of government for
appointment to membership on the Commission, so as to afford the
President greater flexibility in the appointments (sec. 3(a), (4), (5),
(6), and (7)); (4) increase in the number of county government repre-
sentatives from 1 to 4 (sec. 3(a) (7)) ; and (5) provision for designation
of the Chairman and the Vice Chairman of the Commission by the
President from among the members of the Commission (sec. 4(b)).
Other amendments which were adopted are technical, perfecting
amendments which were made necessary by the amendments set
forth above. In view of the considerable number of minor amend-
ments which were adopted, the committee deemed it convenient to
report the bill as an amendment in the nature of a substitute.
CONCLUSION
S. 2026, as amended, will establish a permanent agency which, in
the judgment of the committee, would be well equipped to serve
as a central clearinghouse and coordinating center for the study and
solution of the numerous pressing problems arising out of intergovern-
mental relations. Culminating many years of study by the Senate and
House Committees on Government Operations, it is the committee's
firm judgment that this action is long overdue. Each year, the re-
lated problems of Federal, State, and local governments grow more
complex and no adequate or effective steps have been taken to meet
these problems in an orderly fashion. It is the committee's belief
that affirmative action can no longer be delayed and that the time has
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come when the attainment of the objectives of the pending bill are
imperative in order to assure a proper functioning of our Federal
system.
The committee desires to reemphasize that, if its objectives are to
be attained, members of the Commission must be chosen on the
basis of their individual experience, competence, and dedication
to service to the entire Nation and not to any particular level of
government, geographic area, or special interests with which they are
associated.
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