ADVISORY COMMISSION ON INTER-GOVERNMENTAL RELATIONS
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CIA-RDP61-00357R000100110009-0
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K
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2
Document Creation Date:
December 27, 2016
Document Release Date:
August 29, 2013
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9
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Publication Date:
September 12, 1959
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Declassified and Approved For Release 2013/08/29: CIA-RDP61-00357R000100110009-0
1959 CONGRESSIONAL RECORD ? HOUSE
Mr. McCORMACK. That is the only
expense I can see.
I may say that the gentleman from
Virginia [Mr. Swam] introduced a com-
panion resolution, House Joint Resolu-
tion 412, and I want the RECORD to show
that while it is a pleasure for me to sub-
mit this request because the late Admiral
Byrd and I were very close friends, and
ohe was a very great American, yet I am
doing so at the request of and for the
gentleman from Virginia [Mr. SMITH].
Mr. GROSS. Mr. Speaker, I withdraw
my reservation of objection.
The SPEAKER. Is there objection to
the present consideration of the resolu-
tion?
There was no objection.
The resolution was ordered to be read
a third time, was read the third time, and
passed, and a motion to repopside vias
laid on the table.
ADVISORY COMMISSION ON
GOVERNMENTAL RELATIONS
Mr. FOUNTAIN submitted the fol-
lowing conference report and statement
on the bill (H.R. 6904) to establish an
Advisory Commission on Intergovern-
mental Relations:
CONFERENCE REPORT (H. REPT. No. 1184)
The committee of conference on the dis-
agreeing votes of the two Houses on the
amendment of the Senate to the bill (HR.
6904) to establish an Advisory Commission
on Intergovernmental Relations, having met,
after full and free conference, have agreed
to recommend and do recommend to their
respective Houses as follows:
That the House recede from its disagree-
ment to the amendment of the Senate and
agree to the same with an amendment as
follows: In lieu of the matter proposed to
be inserted by the Senate amendment insert
the following:
"ADVISORY COMMISSION ON INTERGOVERN-
MENTAL RELATIONS
"SEcorioN 1. There is hereby established a
permanent bipartisan commission to be
known as the Advisory Commission on Inter-
governmental Relations, hereinafter referred
to as the 'Commission'.
"DECLARATION OF PURPOSE,
"SEc. 2. Because the complexity of modern
life intensifies the need in a federal form
of government for the fullest cooperation
and coordination of activities between the
levels of government, and because popula-
tion growth and scientific developments por-
tend an increasingly complex society in fu-
ture years, it is essential that an appropriate
agency be established to give continuing at-
tention to intergovernmental problems.
"It is intended that the Commission, in
the performance of its duties, will? .
"(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 of Federal
grant and other programs requiring inter-
governmental cooperation;
"(3) give critical attention to the condi-
tions and controls involved in the admin-
istration 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 co-
operation;
"(6) recommend, within the framework
of the Constitution, the most desirable allo-
cation of governmental functions, responsi-
bilities, 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 bur-
den of compliance for taxpayers.
"MEMBERSHIP OF THE COMMISSION
"SEc. 3 (a) The Commission shall be com-
posed of twenty-six members, as follows:
"(1) Six appointed by the President of the
United States, three of whom shall be officers
of the executive branch of the Government,
and three private citizens, all of whom shall
have had experience or familiarity with re-
lations between the levels of government;
"(2) Three appointed by the President of
the Senate, who shall be Members of the
Senate;
"(3) Three appointed by the Speaker of
the House of Representatives, who shall be
Meinbers of the House;
"(4) Four appointed by the President from
a panel of at least eight Governors sub-
mitted by the Governors' Conference;
"(5) Three appointed by the President
from a panel of at least six members of
State legislative bodies submitted by the
board of managers of the Council of State
Governments;
"(6) Four appointed by the President
from a, panel of at least eight mayors sub-
mitted jointly by the American Municipal
Association and the United States Confer-
ence of Mayors;
"(7) Three appointed by the President
from a panel of at least six elected county
officers submitted by the National Associa-
tion of County Officials.
"(b) The members appointed from private
life under paragraph (1) of subsection (a)
shall be appointed without regard to politi-
cal affiliation; of each class of members
enumerated in paragraphs (2) and (3) of
subsection (a), two shall be from the ma-
jority party of the respective houses; of
each class of members enumerated in para-
graphs (4), (5), (6), and (7) of subsection
(a), not more than two shall be from any
one political party; of each class of members
enumerated in paragraphs (5), (6) and (7)
of subsection (a), not more than one shall
be from any one State; at least two of the
appointees under paragraph (6) of subsec-
tion (a) shall be from cities under five hun-
dred thousand population.
"(c) The term of office of each member
of the Commission shall be two years, but
members shall be eligible for reappointment.
"ORGANIZATION OF THE COMMISSION
"SEC. 4. (a) The President shall convene
the Commission within ninety days follow-
ing enactment of this Act at such time and
place as he may designate for the Commis-
sion's initial meeting.
"(b) The President shall designate a
Chairman and a Vice Chairman from among
members of the Commission.
"(c) Any vacancy in the membership of
the Commission shall 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 mem-
bers specified in paragraphs 4, 5, 6, and 7 of
section 3(a), each panel of names submitted
in accordance with the aforementioned para-
graphs shall contain at least two names for
each vacancy.
"(d) Where any member ceases to serve in
the official position from which originally
appointed under section 3(a), his place on
the Commission shall be deemed to be
vacant.
"(e) Thirteen members of the Commission
shall constitute a quorum, but two or more
members shall constitute a quorum for the
purpose of conducting hearings.
17653
"DUTIES OF THE COMMISSION
"SEc. 5. It shall be the duty of the Com-
mission?
"(1) to engage in such activities and to
make such studies and investigations as are
necessary or desirable in the accomplish-
ment of the purposes set forth in section 2
of this Act;
"(2) to consider, on its own initiative,
ways and means for fostering better rela-
tions between the levels of government;
"(3) to submit an annual report to the
President and the Congress on or before Jan-
uary 31 of each year., The Commission may
also submit such additional reports to the
President, to the Congress or any committee
of the Congress, and to any unit of govern-
ment or organization as the Commission may
deem appropriate.
"POWERS AND ADMINISTRATIVE PROVISIONS
"SEc. 6. (a) The Commission or, on the
authorization of the Commission, any sub-
committee or members thereof, may, for the
purpose of carrying out the provisions of
this Act, hold such hearings, take such tes-
timony, and sit and act at such times and
places as the Commission deems advisable.
Any member authorized by the Commission
may administer oaths or affirmations to wit-
nesses appearing before the Commission lor
any subcommittee or members thereof.
"(b) Each department, agency, and instru-
mentality of the executive branch of the
Government, including independent agen-
cies, is authorized and directed- to .furnish
to the Commission, upon request made by
the Chairman or Vice Chairman, such infor-
mation as the Commission deems necessary
to carry out its functions under this Act.
"(c) The Commission shall have power to
appoint, fix the compensation of, and re-
move a staff director without regard to the
civil service laws and the Classification Act
of 1949. Such appointment shall be made
solely on the basis of fitness to perform the
duties of the position and without regard
to political affiliation.
"(d) Subject to such rules and regula-
tions as may be adopted by the Commission,
the' Chairman, without regard to the civil
service laws and the Classification Act of
1949, and without reference to political af-
filiation, shall have the power?
"(1) to appoint, fix the compensation of,
and remove such other personnel as he deems
necessary;
"(2) to procure temporary and intermit-
tent services to the same extent as is author-
ized by section 15 of the Administrative
Expenses Act of 1946 (5 U.S.C. 55a) but at
rates not to exceed $50 a day for individuals.
"(e) Except as otherwise provided in this
Act, persons in the employ of the Commis-
sion under subsections (c) and (d) (1) of
this section shall be considered to be Fed-
eral employees for all purposes, including?
"(1) the Civil Service Retirement Act, as
amended (5 U.S.C. 2251-2267),
"(2) the Federal Employees' Group Life
Insurance Act of 1954, as amended (5 U.S.C.
2091-2103),
"(3) annual and sick leave, and
"(4) the Travel Expense Act of 1949, as
amended (5 U.S.C. 835-842).
"(f) No individual employed in the serv-
ice of the Commission shall be paid compen-
sation for such employment at a rate in ex-
cess of $20,000 per annum.
"COMPENSATION OF COMMISSION MEMBERS
"SEc. 7. (a) Members of the Commission
who are Members of Congress, officers of the
executive branch of the Federal Govern-
ment, Governors, or full-time salaried offi-
cers of city and county governments shall
serve without compensation in addition to
that received in their regular public employ-
ment, but shall be allowed necessary travel
expenses (or, in the alternative, a per diem
in lieu of subsistence and mileage not to
exceed the rates prescribed in the Travel Ex-
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17654 CONGRESSIONAL RECORD ? HOUSE
pense Act of 1949, as amended), without re-
gard to the Travel Expense Act of 1949, as
amended (5 U.S.C. 835-842), the Standard-
ized Government Travel Regulations, or sec-
tion 10 of the Act of March 3, 1933 (5 U.S.C.
73b), and other necessary expenses incurred
by them in the performance of duties vested
in the Commission.
"(b) Members of the Commission, other
than those to whom subsection (a) is ap-
plicable, shall receive compensation at the
rate of $50 per day for each day they are en-
gaged in the performance of their duties as
members of the Commission and shall be
entitled to reimbursement for travel, sub-
sistence, and other necessary expenses in-
curred by them in the performance of their
duties as members of the Commission, as
provided for in subsection (a) of this sec-
tion.
"AUTHORIZATION OF' APPROPRIATIONS
"Sx.c. 8. There are authorized to be appro-
priated such sums as may be necessary to
carry out the provisions of this Act."
And the Senate agree to the same. ?
L. H. FOUNTAIN,
OVERTON BROOKS,
FLORENCE P. DWYER,
Managers on the Part of the House.
EDMUND S. MUSKIE,
HUBERT H. HUMPHREY,
KARL E. MUNDT,
Managers on the Part of the Senate.
STATEMENT
The managers on the part of the House at
the conference on the disagreeing votes of
the two Houses on the amendment of the
Senate to the bill (H.R. 6904) to establish
an Advisory Commission on Intergovern-
mental Relations, submit the following
statement in explanation of the effect of
the action agreed upon by the conferees and
recommended in the accompanying confer-
ence report:
The amendment of the Senate strikes out
all of the House bill after the enacting
clause and inserts a substitute. The House
recedes from its disagreement to the
amendment of the Senate, with an amend-
ment which is substitute for both the
House bill and the Senate amendment.
Except for clerical and conforming
amendments, the conference substitute is
substantially the same as the House bill,
except as follows:
The House bill provided for a membership
of 25 members on the Advisory Commission
on Intergovernmental Relations; the Sen-
ate amendment provided for a membership
of 27 members. The conference substitute
provides for a membership of 26 members on
the Commission. ?
The House bill provided that two mem-
bers of the Commission were to be appointed
from a panel of at least four elected county
officers submitted by the National Associa-
tion of County Officials; the Senate amend-
ment provided that four members were to
be appointed from a panel of at least eight
elected county officers so submitted. The
conference substitute provides that three
members of the Commission are to be ap-
pointed from a panel of at least six elected
county officers submitted by such associa-
tion. Under the conference substitute, not
more than two of the three members ap-
pointed from such panel may be from any
one political party.
The conferees express the hope that in
selecting a panel of county officers for sub-
mission to the President, the National As-
sociation of County Officials will give con-
sideration to all qualified county officers,
regardless of whether or not they are
affiliated with the association.
L. H. FOUNTAIN,
OVERTON BROOKS,
FLORENCE P. DWYER,
Managers on the Part of the House.
Mr. FOUNTAIN. Mr. Speaker, I call
up the conference report on the bill
(H.R. 6904) to establish an Advisory
Commission on Intergovernmental Re-
lations, and ask unanimous consent that
the statement of the managers on the
part of the House be read in lieu of the
report.
The Clerk read the statement.
The conference report was agreed to,
and a motion to reconsider was laid on
the table.
DATE OF MEETING OF SECOND
SESSION
Mr. McCORMACK. Mr. Speaker, I
offer a House joint resolution and ask
unanimous consent for its immediate
consideration.
The Clerk read the House joint reso-
lution as follows:
HOUSE JOINT RESOLUTION 531
Resolved, That the second regular session
of the Eighty-sixth Congress shall begin at
noon on Wednesday, January 6, 1960.
The SPEAKER. Is there objection to
the request of the gentleman from Mas-
sachusetts?
There was no objection. -
The House joint resolution was or-
dered to be engrossed and read a third
time, was read the third time, and
passed, and a motion to reconsider was
laid on the table.
DOCUMENTARY EVIDENCE IN POS-
SESSION OF THE HOUSE OF REP-
RESENTATIVES
Mr. McCORMACK. Mr. Speaker, I
offer a House resolution and ask unani-
mous consent for its immediate consid-
eration.
The Clerk read the House resolution,
as follows:
HOUSE RESOLUTION 389
Whereas by the privileges of this House
no evidence of a documentary character
under the control and in the possession of
the House of Representatives can, by the
mandate of process of the ordinary courts
of justice, be taken from such control or
possession except by its permission: There-
fore be it
Resolved, That when it appears by the
order of any court in the United States or
a judge thereof, or of any legal officer
charged with the administration of the
orders of such court or judge, that docu-
mentary evidence in the possession and
under the control of the House is needful
for use in any court of justice or before
any judge or such legal officer, for the pro-
motion of justice, this House will take such
action thereon as will promote the ends of
justice consistently with the privileges and
rights of this House; be it further
Resolved, That during any recess or ad-
journment of the Eighty-sixth Congress,
-when a subpena or other order for the pro-
duction or disclosure of information is by
the due process of any court in the United
States served upon any Member, officer, or
employee of the House of Representatives,
directing appearance as a witness before the
said court at any time and the production
of certain and sundry papers in the posses-
sion and under the control of the House of
Representatives, that any such Member, of-
ficer, or employee of the House, be authorized
to appear before said court at the place and
September 12
time nanied in any such subpena or order,
but no papers or documents in the pftses-
sion or under the control of the House of
Representatives shall be produced in re-
sponse thereto; and be it further
Resolved, That when any said court de-
termines upon the materiality and the rele-
vancy of the papers or documents called for
in the subpena or other order, then said
court, through any of its officers or agents
shall have full permission to attend with
all proper parties to the proceedings before
said court and at a place under the orders
and control of the House of Representatives
and take copies of the said documents or
papers and. the Clerk of the House is au-
thorized to supply certified copies of such
documents that the court has found to be
material and relevant (except that under
no circumstances shall any minutes or tran-
scripts of executive sessions, or any evidence
of witnesses in respect 'thereto be disclosed
or copied), nor shall the possession of said
documents and papers by any Member,
officer, or employee of the House be dis-
turbed or removed from their place of file
or custody under said Member, officer, or
employee; and be it further
Resolved, That a copy of these resolutions
be transmitted by the Clerk of the House
to any of said courts whenever such writs
of subpena or other orders are issued and
served as aforesaid.
The SPEAKER. Is there objection to
the request of the gentleman from
Massachusetts?
There was no objection.
The House resolution was agreed to,
and a motion to reconsider was laid on
the table.
AUTHORIZING THE PRESIDENT OF
THE SENATE AND THE SPEAKER
OF THE Hotism TO SIGN EN-
ROLLED BILLS
Mr. McCORMACK. Mr. Speaker, I
offer a House concurrent resolution and
ask unanimous consent for its immediate
consideration.
The Clerk read as follows:
H017SE CONCURRENT RESOLUTION 439
Resolved by the House of Representa-
tives (the Senate concurring), That not-
withstanding the sine die adjournment of the
two Houses, the Speaker of the House of
Representatives and the President of the
Senate be, and they are hereby, authorized to
sign enrolled bills and joint resolutions duly
passed by the two Houses and found truly
enrolled.
The SPEAKER. Is there objection to
the request of the gentleman from
Massachusetts?
There was no objection.
The House concurrent resolution was
agreed to, and a motion to reconsider was
laid on the table.
ADJOURNMENT OF CONGRESS
SINE DIE
Mr. McCORMACK. Mr. Speaker, I
offer a preferential House concurrent
resolution for immediate consideration.
The Clerk read as follows:
HOUSE CONCURRENT RESOLUTION 440
Resolved, That the two Houses of Con-
gress shall adjourn on Monday, September
14, 1959, and that when they adjourn: on said
day, they stand adjourned sine die.
The House concurrent resolution was
agreed to.
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