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gandists are right when they argue that Representative BRUCE, simply by giving would be inundated but for a living dike of
governments, terrorized innocent victims, and the people of Poland. We should re- Representative BRUCE and myself would and sought to intimidate the rest of the inforce their hopes for the future, by con- like to make this tour. It is not even a world by displaying its military might. vincing them that we have not forgotten question of whether or not we support
This is not ancient history. The means their brave struggle against tyranny. and objectives of communism have remained
the President. The White House is should weigh every chance to help by the fundamentally the same. Today, as in the test of whether it will increase the people's owned by the American taxpayers, not beginning, world domination is its goal, and desire, hope, and demand for greater freedom. the Kennedys. This means that it is its means include anything that will work Freedom, we should know by now, is a owned by our constitutents whether they to its own advantage.
dangerous thing for communism. A little be Democrat or Republican and it is Free people, therefore, must oppose com freedom only sharpens the appetite for more. typical of the shabby abuse of power munism-both as an idea and as a system of It creates a hunger that must be satisfied. that we see along the New Frontier when power, both here at home and wherever it This is our greatest weapon. seeks to pull down free institutions and
the office of the President is used in such
If we of the Western World truly believe enslave free men. This is an obligation that in our ideals of freedom and independence,
an arbitrary and dishonest manner. arises from the right of self-defense and democracy and self-government, and the from the very logic of freedom.
dignity and worth of each human being, then How, in any specific way, the free world we have nothing to fear from communism. should go about the work of opposing com We should compete with communism wher- Staten Island Barracks No. 2524, Vetermunism is a matter of governmental policy ever we find it-compete with it by demonand, therefore, is subject to controversy and strating the superiority of freedom, by prov
ans of World War I of the U.S.A. debate. There is no single right way, valid ing that we really care about people and for all times and places and circumstances. that we are willing to help them in their
EXTENSION OF REMARKS The strategy of freedom must be flexible, hour of need.
OF ready to confront the changing tactics of
It won't be easy. There is no guarantee communism in various parts of the world, of early victory. But to those who under
HON. JOHN M. MURPHY and ready, too, to utilize every opportunity stand it and value it, freedom is priceless, to strengthen freedom and present freedom's and no matter how much patience, inge
OF NEW YORK case forthrightly and persuasively. nuity, and determination it may require,
IN THE HOUSE OF REPRESENTATIVES As a part of this strategy of freedom, we freedom is worth the struggle.
Thursday, November 14, 1963 must, I believe, recognize the fact that conditions are changing within the Communist
Mr. MURPHY of New York. Mr. world, and with those changes comes the
Speaker, I would like to take this opporneed to reexamine our own tactics. Since the death of Stalin, there has been a limited Even the White House Tours Are Rigged tunity to pay tribute to the Staten Island
Barracks No. 2524, Veterans of World but unmistakable relaxation within Soviet
Along the New Frontier
War I of the U.S.A. and to compliment Russia—a little more attention to the people's needs, a little less reliance on total police
them on their outstanding Veterans Day control. Not much, but a little. The same
EXTENSION OF REMARKS
services which were held on Monday, kind of loosening-up process has been evi
November 11, 1963, at Ocean View Cemdent in relations between Soviet Russia and
HON. JOHN M. ASHBROOK
etery, Staten Island, N.Y. Judge James the satellite countries of Eastern Europe.
C. Crance was the principal speaker, and With Poland and Yugoslavia taking the lead,
did great honor to their members who Russia has been forced to acknowledge the
IN THE HOUSE OF REPRESENTATIVES
so valiantly defended the cause of democright of other Communist states to follow at least a partially independent national policy,
Thursday, November 14, 1963
racy in 1917-18. rather than total subservience to the U.S.S.R.
The Staten Island Barracks is one of This "victory"-limited though it is-has led Mr. ASHBROOK. Mr. Speaker, it is the most active barracks of the Veterans to the most decisive split in the history of amazing to see the pettiness and partisan of World War I of U.S.A. and I would communism, the deep division between Soviet spite of this administration. Never has like to join hands with them on Armistice Russia and Communist China, in which this been brought home more demon- Day in saluting all of our veterans. every Eastern European government except strably than in an incident which hap Mr. Speaker, under leave to extend my
pened this morning. As everyone knows, remarks in the RECORD I include my mesUnion.
This is a hopeful situation. Obviously, I a limited White House tour is available sage to the Staten Island Barracks No. do not see the end of the cold war in sight, on a reservation basis for constituents of 2524, Veterans of World War I of the far from it. But it does present the United Congressmen. Reservations can be made U.S.A.: States with new opportunities to lessen the 30 days in advance for this special tour. Once, in the very recent past-only yesterdanger of nuclear war and to encourage the
It is now obvious that the White House day, really, in this ever swifter march of further separation of one-time puppet gov- has a blacklist of Congressmen who will time-Armistice Day was a unique holiday. ernments from their one-time foreign boss. Independence isn't everything, as I have said not be favored with constituent tours. On the one hand it was a day of solemn before, but it is an essential first step— For the past 3 days, my colleague, the homage to those who, as Lincoln so movingly provided that we don't stop here.
gentleman from Indiana, Representative put it, “Gave the last full measure of devoPoland is an outstanding example of the DONALD C. BRUCE, has made calls at 10 other it was a day of rejoicing that those new situation that confronts us. The Polish a.m. in the morning, right on the button, gallant men of the AEF had not died in vain. people, supported by their church--as you for reservations a full 30 days ahead, the On that fateful November 11, 1918, we beknow so well—have never surrendered to maximum. In each instance he has been lieved in our hearts that we had heard the communism. They have never given up the turned down. He told me of his prob- last shot fired in anger, that the battle flags resistance to the power of the Communist lems this morning at 10:18 a.m. and had been furled for all time. The war to end
war had run its bloody course, and the world state. Their courage has won them at least I said, “Don, they're lying to you and we
had been made safe for democracy. some independence, and we can hope for can prove it. We only need to bait the
Tragically, we were wrong. From the seeds more. trap.” Less than 10 minutes after the
of World War I we reaped the deadly whirlNow is certainly not the time to shut the gentleman from Indiana, Representative wind of World War II, a war, which, in reality, door on Poland. To do this would be to play BRUCE's request was turned down, three has never ended-only the enemy or, more into the hands of the Communists them- nonexistent people were granted this precisely, the ideology, has changed. The selves. If the free world, especially the tour on December 14, the same date re Communist tide that inundated Eastern United States, should abandon Poland, we
quested by the gentleman from Indiana, Europe in the wake of Germany's collapse would be proving that Communist propa
its waves whichtoo, America doesn't care or can't be counted on the name of a liberal Democratic con
watchful young Americans. This evil tide for help. We would be forcing the Polish gressman.
now laps hungrily at South Vietnam, where people to turn closer to other communist Mr. Speaker, I do not care about be- still more young Americans fight and die in powers and away from freedom.
ing on a Kennedy blacklist. I would not a skulking silent war to protect another Instead, we in the United States should want to have his support in 1964. This threatened outpost of democracy. And so it look for every possible way of distinguishing is not the point. It is a good indication goes, round the world, from Berlin to Okibetween the Polish people and their commu- just how this bunch operates. Deceit,
nawa, from the Arctic Circle to the Panama nist government. In every way we can, we
Canal. Everywhere there is war or the threat should help the people without strengthen- favoritism, and blacklisting are the order
of war. ing the government. We should increase of the day. It is not a question of
So, on this 46th Armistice Day, we have the contacts between people of the free world whether the gentleman from Indiana, neither peace nor armistice with our re
sourceful and remorseless foe, communism. by grave new responsibilities. It would have which I engaged in with members of the This being true, why are we gathered here been easy to put down the burden; after all, legislative committee of Local 28, Intoday? Is it simply to pause, briefly, in re we had poured 4 years of blood and ternational Organization of Masters, membrance of the silent 600,000 who laid treasure into the war; why not let
Europe Mates & Pilots, AFL-CIO, of St. Louis. down their lives in all our wars? Is it only pull itself up? But we did not. Instead, we to momentarily wave the banner of freedom cheerfully accepted a continuing drain on I became convinced safety legislation and half listen to a flood of patriotic oratory our economy so that the economy of the free was required. that is forgotten when the final echo is world would be strong enough to resist the Following the introduction of my bill, wafted away? No.
No. It must not be. This steady pressure of communism. And what which was H.R. 9700, in the 87th Conmust be a day of rededication for us, the has been the result? Directly because of our
gress-H.R. 942 in the 88th Congressliving, if we are to honor the dead. sacrifices, the economy of the free world
the Coast Guard asked for an opportuIn these times it is temptingly easy to slip Europe in particular-has never been into shrugging cynicism. We read of our healthier. On all fronts, we have either de- nity to complete its own investigation of hard-earned tax dollars being siphoned off
feated or contained the Reds; militarily in the need for this legislation before any
some areas, economically in all. into vague and seemingly insatiable projects
action was taken on it. in misgoverned and frequently ungovern
Keep that in mind-and speak out-when Mr. Speaker, the Treasury Departable lands; we read of fiascos in policy that
you hear that we as a nation are falteringment has now sent to the House a draft set back the cause of freedom in our relent
that we no longer have the will and the vigor of a proposed bill to close the safety less struggle against Communist imperial
to lead the free world. We have missed op- loopholes at which my bill was directed, ism; we read of price rigging in industry, of portunities, certainly; we have made policy
and I have therefore introduced the connivance in labor, of graft in politics, and
mistakes, and we have taken wrong turns. of corruption in high places; we read that But let us not forget that, on balance, we
new bill today as H.R. 9130. It is, I unKhrushchev will bury us, that the doom of have been far more right than wrong. It is
derstand, an even broader bill in some individual freedom and enterprise is inevi
communism that has been rolled back, not respects than my original proposal, and table, and-more and more frequently—that freedom; it is the Communist economy that is based on a Coast Guard study which the image of America as a dynamic symbol is sickly--and here let us remind ourselves revealed in general that operation of of human attainment is shattered beyond how galling it must be to Khrushchev to diesel-powered towing vessels involves as repair. Under the weight of this catalog of woes—more apparent than real—too many it is communism that is on the defensive, great a hazard as operation of those of us retreat in cranky indifference, con
not individual liberty and free enterprise; if propelled by steam and should therefore vinced that to look forward is both foolish Khrushchev is to bury us, he must find him
be subject to similar Coast Guard safety and futile.
self a new shovel; we have broken his old standards. But in doing so we dishonor those to whom one. And let us not forget, either, that we
MANY ACCIDENTS COULD HAVE BEEN AVOIDED we pay homage today, the silent 600,000 who
have paid a high cost in blood, as well as made the ultimate sacrifice to preserve our treasure, to push back the forces of enslave
When I introduced the original bill citadel of freedom.
on January 16, 1962, I expressed the Now, you may ask: In
ment. More than 30,000 of our young men view of what we read, is there any real jus
gave their lives in Korea; others are dying hope that it would serve as the vehicle tification for pride in the immediate past
now in South Vietnam; undoubtedly still for obtaining a full review by the execuand hope for the future? The answer is a
others will die in places not yet known before tive agencies and the Committee on Merringing "Yes.” Somehow, the credit side of this struggle is concluded. So, today, let us
chant Marine and Fisheries of this whole our national ledger gets scant attention; crithonor these men, the silent 600,000 who
question of safety in river transportaicism, as we all know, commands a wider auwrote our history in blood from Bunker Hill
tion. Many of the vessels, which are dience than praise. In our country's ebul
to Belleau Wood, to Berlin, to Inchon, to lient youth, boasting of its prowess and prog
Vietnam, by pledging ourselves to keep the not subject to periodic safety inspection, ress was a national trait; undoubtedly we
faith that they so gallantly bore for us. Let are manned by personnel not licensed overdid it, but even so it was done in all us keep green in our memory the eloquent or otherwise shown to be qualified for faith and honesty. But now we are sud- appeal of Poet McCrea in "In Flanders the tasks they are performing. denly sophisticated, and expressed patriotism Fields":
For instance, while the number of is considered quite unfashionable in some
towing vessels has increased 20 percent "In Flanders Fields the poppies blow circles. Who today in public life, for instance, would dare voice Stephen Decatur's
Between the crosses, row on row,
in the past 10 years, the number of That mark our place; and in the sky
casualties has increased by 120 percent, notable toast-"Our country. In her inter
The larks, still bravely singing, fly
to an average of 559 casualties per year. course with foreign nations may she always
Scarce heard among the guns below.
A large percentage of these casualties be in the right; but our country, right, or
We are the dead. Short days ago wrong.” In some quarters he would most
occurred on uninspected towing vessels,
We lived, felt dawn, saw sunset glow, certainly be denounced as a primitive, a man
and it is the opinion of the Treasury
Loved and were loved, and now we lie blind to world opinion, a rabble-rousing flag
Department that many of these were of
In Flanders Fields. waver, and possibly even a warmonger.
a kind which could have been avoided I am not saying that we all should make "Take up our quarrel with the foe;
or minimized if well-qualified personnel Fourth of July orations. But I am saying
To you from failing hands we throw
were aboard. that we should renew our faith in ourselves The torch; be yours to hold it high.
Mr. Speaker, in view of the importance and in our country by quietly considering If ye break faith with us who die the credit side of our ledger. Let's brush We shall not sleep, though poppies grow of this matter to the river transportation away the carpers, the cynics, and those of In Flanders Fields."
industry and its employees, I am herelittle faith, and look for a moment at what
with placing in the CONGRESSIONAL REC
Let us not break faith. Thank you. the ledger has to tell us. Our part in the
ORD, under unanimous consent, the text two World Wars is too vividly remembered
of the letter from the Secretary of the for me to dwell upon at length here, but I
Treasury to the Speaker transmitting the would like to point out one historical factor that is often overlooked: Neither of those Legislation To Promote Greater Safety in
Safety in draft of the bill which I have now
introduced. wars would have been won without us; and
River Transportation in World War II the United States became
Following that, I am also inserting the only country in the history of the world
the Treasury Department's report on my to successfully fight a massive, two-front war
EXTENSION OF REMARKS
original bill, H.R. 942. After the interand simultaneously maintain a full economy
ested groups have had a chance to study at home. Now let's turn back the clock briefly to
the new bill carefully, I shall ask for HON. LEONOR K. SULLIVAN
hearings in the committee so that we Hitler's evil conspiracy had been
OF MISSOURI crushed, and Germany with it. Militarism
can proceed to solve a serious safety had been struck down in Japan. The world
IN THE HOUSE OF REPRESENTATIVES problem in river transportation. was weary of war, and we were busily dis
Thursday, November 14, 1963
TREASURY DEPARTMENT REQUEST FOR arming ourselves with a haste that we were
LEGISLATION to regret later. Europe was prostrate, a polit
Mrs. SULLIVAN. Mr. Speaker, on
The text of the letter to the Speaker ical vacuum open wide for the onrush of January 16, 1962, I introduced, by re
is as follows: communism. England, once the guardian of quest, a bill to promote greater safety in freedom in her own sphere of influence, was river transportation by requiring the
THE SECRETARY OF THE TREASURY, badly stricken and unable to stem the adinspection and certification by the Coast
Washington, D.C. vance of Red tyranny from the East. We alone had the resources to battle this new Guard of diesel-powered towboats, and
Speaker of the House of Representatives, enemy, and we alone were called upon to licensing of certain personnel.
Washington, D.C. shoulder the burden despite our hopes of go
The bill was an outgrowth of a long DEAR MR. SPEAKER: There is submitted ing back to the pursuits of peace untroubled series of exchanges of correspondence herewith a draft of a proposed bill to
require the inspection of certain towing ves tory inspection scheme. The proposed bill taining suggestions and recommendasels.
would, therefore, amend section 4427 of the tions for the new bill, H.R. 9130 which I The purpose of the proposed legislation is revised statutes to provide for the inspec- have just introduced, is as follows: to bring towing vessels propelled by means tion of towing vessels regardless of the manother than steam under inspection by the ner of propulsion.
THE GENERAL COUNSEL OF THE TREASURY, Coast Guard. The Department believes that the smaller
Washington, D.C. Section 4427 of the Revised Statutes (46 towing vessels are not a sufficient safety haz
Hon. HEBERT C. BONNER, U.S.C. 405) presently requires the inspection ard to warrant the increased administrative Chairman, Committee on Merchant Marine of "every tugboat, towing boat, and freight difficulties and costs which would result if and Fisheries, House of Representatives, boat.” This section is part of an exten they were subject to inspection. Therefore, Washington, D.C. sive statutory pattern to insure high stand the bill would exclude those towing vessels DEAR MR. CHAIRMAN: Reference is made to ards of safety on merchant vessels through which are less than 15 gross tons and 26 feet
your request for the views of this Departregulation and inspection by the Coast in length. This would eliminate from in ment on H.R. 942, to require the inspection Guard. Although phrased in broad terms, spection the smaller vessels which engage in and certification of certain motor vessels section 4427 has been interpreted by the limited operations.
known as towboats. courts as applying only to vessels propelled The casualty statistics also show that a The bill would require the inspection and by steam. As a result, motor propelled tow large percentage of the casualties which certification of every domestic towboat, howing vessels are not presently subject to in have occurred on uninspected towing vessels ever powered, which (1) is designed and used spection unless they are seagoing vessels of are of a type which could be avoided or for the purpose of moving barges; (2) is of over 300 gross tons.
minimized if well qualified personnel were 480 horsepower or more; and (3) operates on The anomaly whereby steam towing ves aboard. For example, during fiscal year
the navigable waters of the United States. sels are subject to inspection and motor tow 1962 almost 60 percent of the reported cas Inspection and certification requirements ing vessels performing practically identical ualties involved collisions while another 12 would extend to design, construction, repair, services are not has long been recognized. percent involved groundings of the tug or stability, accommodations for crew, lifeThis anomaly is becoming increasingly ap tow. To minimize the hazard to life and
saving equipment, firefighting equipment, parent with the increasing dominance of the property from operation of towing vessels by manning, and other matters. diesel towing vessel as compared to the steam unqualified personnel, the proposed bill
In September of 1961 the Coast Guard towing vessel. At the present time, steam
would contain authority to prescribe regula initiated a comprehensive study of towing tugs have been almost completely super tions regarding the manning of towing ves
vessel operations with a view toward deseded by diesel towboats; figures show that sels and the licensing and certificating of
termining whether marine inspection and in 1962 there were 5,016 diesel tugs in opera their personnel.
licensing laws now applicable to steampowtion compared to 84 propelled by steam. The Department, of course, realizes that
ered towing vessels should be extended to The present interpretation of section 4427 there are large numbers of vessels to which
other classes of towing vessels. That study of the Revised Statutes results in another the strict application of the inspection and
has been completed. It revealed in general inconsistency in that barges or self-propelled manning requirements would not be appro
manning requirements would not be appro- that operation of diesel towing vessels intank vessels carrying hazardous liquid car priate for one reason or another. In some
volves as great a hazard as operation of those goes on inland waters must be inspected and
cases it is not possible or practicable to bring propelled by steam and that this hazard meet Coast Guard safety standards while mo the vessel into strict compliance; in other
could be reduced by requiring those vessels tor propelled tugs towing such barges are cases to do so would result in severe eco
to meet Coast Guard safety standards. The not required to be inspected. Considering nomic hardship or loss of employment.
nomic hardship or loss of employment. Treasury Department has drafted legislation, the ever increasing traffic in dangerous liq
Therefore, the proposed bill would require based on the findings of this study, which is uid cargoes and the fact that collision is a the Secretary to take into account the vari
being submitted to the Congress separately. major source of marine casualties, an ob ous factors which might appropriately re
Although the bill drafted by the Departvious potential hazard is involved in per- quire a lessening of the inspection or man
ment is similar to H.R. 942, it is broader in mitting such cargoes to be towed by ves ning requirements as to certain vessels. It sels which at present are neither subject to would also give him authority to exempt ad
scope since it would subject to inspection all the requirements for safety inspection nor
towing vessels which are over 15 gross tons ditional vessels from the inspection requirements if necessary in the public interest. from the findings of the Coast Guard study
or 26 feet or over in length. This results subject to the licensing and certificating of ments if necessary in the public interest. their personnel.
These provisions are intended to provide that vessels over 26 feet or 15 gross tons conDuring 1962 the Coast Guard made a com suficient flexibility in administration to en
stitute a definite safety hazard which can be prehensive study of towing vessel operations.
able the Secretary to tailor the inspection reduced without excessive administrative The study showed that of 5,100 vessels docu requirements more closely to the circum
costs. mented for towing service only 103 were instances of individual vessels. With this au
Other differences in the two proposals respected and certificated by the Coast Guard. thority it should be possible to achieve the The remaining vessels were not subject to maximum safety on towing vessels consist
sult from the Department's belief that the inspection under existing law. ent with the least economic hardship and law governing inspection of towing vessels
should follow the existing statutory pattern The data obtained during the study also
disruption to the industry. This authority shows that while the number of towing veswould also permit the gradual application
of title 52 of the Revised Statutes. This sels has increased 20 percent in the past 10 of the requirements to existing vessels to in
would permit a considerable simplification in years, the number of casualties has increased sure an orderly transition period with mini
language. The Department's draft also conby 120 percent to an average of 559 casualmum interference to towing vessel opera
tains fewer specific statutory requirements tions.
and relies more on administrative rulemakties per year for the period from 1960 through
ing power. 1962. During 1962, for example, 530 tow
The proposed legislation would require ining vessels were involved in casualties secreased expenditures for inspection and
The Department notes that section 5 of rious enough to be reported, which is an
clerical personnel since an additional 4,300 H.R. 942 would authorize a penalty twice as average of 1 out of every 10 towing vessels in vessels would becom? subject to inspection. great as that provided for violations of the service. Detailed casualty figures for that The Department estimates that an increase
inspection laws by other vessels. While the year reveal that while no lives were lost of 55 officers and 20 civilians would be re
Department agrees that the penalty proviquired. This would result in additional costs due to casualties on inspected towing ves
sion of existing law should be increased, it sels, 15 lives were lost in casualties involv
does not seem fair to increase the penalty of approximately $650,000 per year. There is enclosed a memorandum which
against only one class of vessels. ing uninspected towing vessels. The figures
The Defurther reveal that less than 3 percent of the
contains in summary form the results of partment is, therefore, studying the whole inspected vessels were involved in reportable
the study made by the Coast Guard of the question of penalties for violations of the casualties compared to 10 percent of the un
operation of towing vessels. There is also inspection laws. Meanwhile, it recommends inspected vessels. During fiscal year 1962
enclosed for your convenient reference a that the existing penalty be applied to towestimated monetary damages due to casualcomparative type showing the changes in
ing vessels. ties involving towing vessels were over $9 existing law that would be made by the In the circumstances, the Department recmillion. proposed bill.
ommends favorable consideration of the legAnalysis of the casualty figures for towing
It would be appreciated if you would lay islation relating to towing vessels which it vessels for the past several years leads to the
the proposed bill before the House of Rep- is submitting in lieu of action on H.R. 942. conclusion that operation of diesel towing
resentatives. A similar proposed bill. has vessels involves as great a hazard as operabeen transmitted to the President of the
The Department has been advised by the Senate.
Bureau of the Budget that there is no obtion of those propelled by steam, and that
jection from the standpoint of the adminthis hazard could be reduced by requiring
istration's program to the submission of these vessels to comply with Coast Guard
DEPARTMENTAL REPORT ON ORIGINAL BILL safety standards. In brief, the Department
this report to your committee.
Sincerely yours, has concluded that motor propelled towing Mr. Speaker, the Treasury Department
G. D'ANDELOT BELIN, vessels should be brought under the statu report on my original bill, H.R. 942, con
The Role and Work of the Advisory Com Third, I am especially pleased at this oppor- tives; (e) four Governors; (f) four mayors;
tunity to explain something about the work (g) three county officials; and (h) three State mission on Intergovernmental Relations of the Advisory Commission and to sum- legislators.
marize the things it is for and the things it is Among the members of the Commission EXTENSION OF REMARKS
not for-despite the rumors and allegations presently are: Secretary of the Treasury Dil
to the contrary. Let me note at this point lon, Secretary of Health, Education, and WelOF that I have arranged to provide for your use a
fare Celebrezze, Robert C. Weaver, AdminHON. FLORENCE P. DWYER supply of pamphlets describing the function istrator of the Housing and Home Finance
ing of the Commission. With this more com Agency; Senators Ervin of North Carolina, OF NEW JERSEY
prehensive material available, I shall limit Mundt, of South Dakota, and Muskie, of IN THE HOUSE OF REPRESENTATIVES myself here to matters of special interest. Maine; Congressmen Fountain, of North
Now, a brief look at the events leading up
Carolina, Keogh, of New York, and Dwyer, of Thursday, November 14, 1963
to the establishment of the Commission. New Jersey; Governors Anderson, of Kansas, Mrs. DWYER. Mr. Speaker, on No
You may recall that in 1953 the President Sanders, of Georgia, Sanford, of North Carovember 12, 1963, I was privileged to ad
and the Congress initiated a thorough review lina, and Smylie of Idaho; and Mayors Blaisdress the 33d annual meeting of the New
of Federal-State relations by creating a tem- dell, of Honolulu, Naftalin, of Minneapolis,
porary commission made up of persons ap- Selland, of Fresno, Calif., and Tucker, of St. Jersey Taxpayers Association at the
pointed by the President and Representatives Louis. Hotel Robert Treat in Newark, N.J. As from both Houses of the Congress. This Com
The act creating the Commission assigns one of three House Members of the Ad
mission came to be known by the name of certain specific responsibilities to this group. visory Commission on Intergovernmen its chairman, the late Meyer Kestnbaum of The Commission is directed to: tal Relations, I used the occasion to dis Chicago. In 1955, the Kestnbaum Commis 1. Bring together representatives of the cuss the role and some of the work of
sion went out of business and issued its Federal, State, and local governments for
formal report, which constituted the most consideration of common problems. the Commission, particularly its study
comprehensive review of intergovernmental 2. Provide a forum for discussion of the of State property taxes and its unique relations since the adoption of the Constitu
administration of Federal grant programs. position as a force for improving our tion. Our own Gov. Alfred Driscoll, by the 3. Give critical attention to the condiFederal-State-local system of govern way, was a member of this pioneering group.
tions and controls involved in the adminisment.
The Kestnbaum report covered not only
tration of Federal grant programs. Under leave to extend my remarks in the philosophical aspects of federalism, but
4. Make available technical assistance to the RECORD, I include the text of my also a variety of specific recommendations on the executive and legislative branches of the address: the allocation of functions and responsibil
Federal Government in the review of proities between the National Government and posed legislation to determine the overall THE ROLE AND WORK OF THE ADVISORY COMthe States. The report did not get down to
effect on the Federal system. MISSION ON INTERGOVERNMENTAL RELATIONS many specifics on taxes, but dealt extensively
5. Encourage discussion and study at an Mr. Chairman, members of the association, with grants.
early stage of emerging public problems that ladies and gentlemen, for several reasons I From 1956 through 1958, the House Inter
are likely to require intergovernmental coam grateful for this invitation to meet with governmental Relations Subcommittee, on
operation. the New Jersey Taxpayers Association this which I serve as ranking minority member,
6. Recommend, within the framework of year to discuss the position and the work undertook a comprehensive study of the rec
the Constitution, the most desirable allocaof the Advisory Commission on Intergovern ommendations of the Kestnbaum Commis
tion of governmental functions, responsibilmental Relations. sion, including those relating to possible
ities, and revenues among the several levels First, I always welcome an opportunity to permanent arrangements within the National
of government. meet with citizens of New Jersey to discuss Government for attention to intergovern
7. Recommend methods of coordinating issues of the day and to render an account mental relations. In the course of this
and simplifying tax laws and administrative ing of the positions which I take in the study, our subcommittee met with State and
practices to achieve a more orderly and less Congress affecting the people of the Nation local government officials throughout a large competitive fiscal relationship between the and the State. part of the country. We were deeply im
levels of government and to reduce the burSecond, the Advisory Commission, of which pressed with the great body of evidence these
den of compliance for taxpayers. I am proud to be a member, works very officials provided, which showed a disturbing Three major distinctions characterize the closely with the Tax Foundation and failure of communications between the vari
Commission, in comparison with predecessor through the foundation with the various ous levels of government. It became obvi efforts. First, it is a permanent rather than State taxpayers associations throughout the ous that this failure was at least partially re
a temporary body and as such it can apUnited States. For example, at the present sponsible for a lot of waste and duplication. proach its work selectively, on a problemtime the Tax Foundation is engaged in a Not only did local and State officials not by-problem basis; second, the cities and concerted study of the report which the know what the other was often doing, or had counties sit down as equals at the council Commission has recently published dealing done, or could do in particular areas, but just table along with representatives of National with the role of the States in strengthening as often neither was familiar with the role and State governments; and third, it is not the property tax. I will have more to say of the Federal Government in that field. dominated by any one level of government about this report in a few moments. Upon Under such circumstances, coordination and or part thereof. Of the 26 seats on the Comcompletion of the foundation's study of
cooperation were difficult to obtain and in- mission, 6 are controlled by the President, the Commission's report, however, it is hoped efficiency was encouraged.
6 by the Congress, and 14 by State and local and expected that through one or more spe With this situation in mind, our subcom governments. So only in a very technical cial publications the foundation will assist mittee chairman, Congressman FOUNTAIN,
sense can the Commission be considered a the Commission in promoting many of these and I introduced companion bills to create Federal agency. Currently, all of its funds recommendations throughout the country. a permanent Advisory Commission on Inter come from Congress, but its congressional In this connection, let me call your atten governmental Relations. Following a favor sponsors definitely had in mind the possition to a column by Mr. Raymond Moley able report by the subcommittee, hearings on bility that, if accomplishments warranted appearing in the New York Herald Tribune this House bill were carried on jointly by the
it, State and local assistance could be sought on August 19.
House and Senate Committees on Govern in financing the Commission's work. Mr. Moley observes that:
ment Operations. An identical measure was As will be noted from the list of respon“In one of his debates with Richard Nixon sponsored in the Senate by Senator EDMUND sibilities stated in the act, the Commission in 1960, John F. Kennedy said that the prop- MUSKIE, of Maine, and a number of other has a broad mission. The Commission beerty tax was practically exhausted as a Republican and Democratic Senators. These lieves that the years ahead hold serious chalsource of revenue. On this assumption he bills culminated in the enactment of Public lenge for all levels of government. If our advocated vast new Federal expenditures for Law 380 in the first session of the 86th present system is to prove equal to these local facilities such as public schools. Congress.
tasks, we believe, the resources of each level “It is a pity that Mr. Nixon did not re This act, approved by President Eisen must be utilized to the highest degree of mind his opponent that it was the Federal hower, September 24, 1959, provided for the effectiveness. The Commission is therefore income tax, not the property tax, which had establishment of a permanent, bipartisan dedicated to strengthening local and State reached the point of diminishing returns. body of 26 members, to give continuing study governments in particular, in order that they Mr. Kennedy has admitted that in asking to the relationship among local, State, and may play their full part in a period when for tax rate reductions this year.”
National levels of government. The act speci the forces of international tension, rapid Mr. Moley goes on to refer to the compre fies the following composition of the Com population growth, and marked technological hensive study of the property tax being pub- mission on a bipartisan basis: (a) three of change point to an increase in the responlished by the Advisory Commission and closes ficers of the executive branch of the National sibilities of government as a whole. with the hope that by strengthening the Government; (b) three private citizens; (c) Finally, the Commission recognizes that property tax it may be possible to check the three Members of the U.S. Senate; (d) three its own value and place in the Federal sysgrowth of Federal control of local affairs. Members of the U.S. House of Representa- tem will be determined by the extent to
which it is able to make constructive con If you agree, your letters to New Jersey Con 2. Both the legislative and executive tributions. It cannot expect continuance gressmen and Senators could be very helpful. branches of the State governments should and support over an indefinite period unless The objective of this proposed legislation study the property tax as consistently as the by its actions significant changes for the is to establish a uniform policy and proce other major sources of State-local revenue better occur in the relationships among Fed dure for review of new grant-in-aid programs and treat it as an integral part of overall eral, State, and local agencies of government. which are designed to assist States or their State and local financial planning.
No single "party line" has emerged from political subdivisions in meeting recognized 3. In order that the taxpayer may be kept the recommendations made by the Commis national needs. The bill is intended neither informed, each State should require the regsion so far. The closest thing to such a posi to encourage nor discourage the use of the ular assessment of all tax exempt property, tion is the conviction of all of the members Federal grant-in-aid device, but only to im and publish the findings, including the functhat State and local government in the prove it where it is found desirable by the tion, scope and nature of activities so exUnited States must be strengthened if fur Congress.
empted. ther unnecessary centralization at the Fed Nevertheless, as all of us know, there is a 4. The geographical organization of each eral level is to be avoided. The Commission persistent tendency for such programs, once State's primary local assessment districts has recommended the enactment of a broad
enacted, to go on and on, no matter how should be reconstituted, to the extent rescope of enabling legislation by State gov useful they may be, without a meaningful or quired, to give each district the size and ernments for the unshackling of local gov consistent congressional reexamination of resources it needs to become an efficient asernments, particularly those in urban areas, their effectiveness as instruments of inter sessing unit and to produce a well-ordered to permit a much greater degree of coopera
governmental cooperation. The record shows overall structure that makes successful State tion among these localities in meeting new that in all our history, only 14 Federal supervision feasible. problems.
grant-in-aid programs have ever been ter 5. The State supervisory agency should be Last year Senator MUNDT, of South Dakota, minated. Those terminated were special empowered to establish the professional one of my colleagues on the Commission, wartime or depression measures.
qualifications of assessors and appraisers and commented as follows: "The Congress has In my judgment, the failure of Congress certify candidates as to their fitness for embrought to a halt the present effort to create
to give continued and systematic attention ployment on the basis of examinations, and a Federal Department of Urban Affairs. to the problem helps to explain why this to revoke such certification for good and Nevertheless, I urge State legislatures and
device is frequently the target of severe sufficient cause. Governors to lose no time in asserting by criticism. Congress ought to have a unipositive action their interest, their help, form policy and procedure for periodic re
6. Assessors should be appointed to office,
with no requirement of prior district resiand their authority with regard to these view of grants-in-aid, not only to answer the
dence, by the chief executives or executive problems brought about through rapid in
critics, but to assure ourselves that pro boards of the local governments involved; creases in population in our large metrograms we adopt are either adjusted to meet
they should be appointed for indefinite, rathpolitan centers. If the States do not move
changing conditions or terminated when in this matter, additional excuses will be
er than fixed, terms; and should be subject their original purposes have been achieved. seized upon by those who desire to see the
to removal for good cause, including incom
Under the bill, any new grant program here- petence, by the appointing authorities. Federal Government establish supremacy in
after enacted by the Congress would autothis field.”
There are several additional recommendamatically expire at the end of 5 years unless Senator MUNDT then went on to com
tions which time does not permit presenting an earlier date were specifically provided, or mend for the consideration of the States the
here. I would urge all of you to give a careunless application of the act had been specifi- ful reading to this very valuable report. various legislative proposals which the Ad
cally waived, in recognition of the intent visory Commission has made in regard to
Now let me say a few words about what to provide continuing Federal assistance in coping with metropolitan area problems.
the Commission is not doing. We are not a given program. The bill provides that the Several
promoting metropolitan government. appropriate legislative committees in the
We strangely enough—have become involved in
are not advocating the elimination of muCongress shall, at the end of 4 years, address the controversy over metropolitan governthemselves to the following questions:
nicipal home rule. We are not advocating ment, or "Metro" as its opponents insist on
the abolition of small local units of govern
First. The extent to which the purposes calling it. To some people, apparently, even
ment. This does not mean to say that the the word “metropolitan” is anathema, and, for which the grants-in-aid are authorized
Commission favors the status quo with reas far as I can determine, it is the Commishave been met.
gard to metropolitan area problems. The sion's use of this very well-defined, honor
Second. The extent to which the States
growth of population and the spread of techable and descriptive word which has made or political subdivisions thereof are able to
nical functions in these areas has been such the Commission fair game. As a matter of
carry on such programs without further fact, however, the Commission has never financial assistance from the United States. as to require greatly increased cooperation endorsed metropolitan government as such
Third. Whether or not any changes in the
among the local units involved and a much directly or indirectly. Our interest is based purpose or direction of the original program greater degree of leadership on the part of on the fact that metropolitan areas exist; should be made.
the State governments. that, because of the multiplicity of govern The proposed legislation does not apply: The gamut of solutions to these problems ing bodies in metropolitan areas, there is a to existing grants, but we hope that such runs from the urban-county approach used vital need to encourage and facilitate these programs also will be assessed periodically by Nashville-Davidson County, Tenn., and individual governments in cooperating with by Congress and the executive agencies in Miami-Dade County, Fla., to a metropolitan each other to solve problems which are com terms of the same criteria provided in the service corporation, adopted by the people mon to them all. Each of our recommenda bill. The importance of Federal grants-in- of Seattle, to the establishment of joint contions is designed to accomplish this limited aid is beyond question. Programs that have
tracts among units of local government. but important objective. almost quadrupled over the past 10 years
There are many modifications to all of these Ironically, by trying to tag the Commis and will consume over $10 billion of Federal
approaches. The Commission has urged that sion's work in this field as part of “metro," funds during this fiscal year alone demand
each State and each metropolitan area apopponents are helping to bring about as the continued and effective attention of Senator MUNDT suggests-exactly what they Congress.
praise its own situation and proceed accordare supposed to be against: The development Now let us return to the property tax.
ingly. of centralized government in urban areas. This is a sore subject in the State of New
In conclusion, let me urge the New Jersey The Commission has been very concerned Jersey.
Taxpayers Association to give a critical readabout the growth in the number and mag We have been told by the courts to equal. ing to the reports and recommendations of nitude and complexity of Federal grants-in- ize our assessments among the various juris
the Commission. I am sure that you won't aid. One of its first reports dealt with the dictions or run the risk of having them over agree with all of our recommendations, but need for the requirement by Congress of a turned in the process of judicial review. I am equally sure that you will find yourself periodic review of grants-in-aid programs There is a great deal in the report adopted in agreement with a great many. The memto assure their termination or redirection by the Commission that can be usefully bers and staff of the Commission would be when the need has ended or changed. I
studied in New Jersey. I will here only appreciative of any criticisms or suggestions introduced H.R. 7160 which is pending in summarize some of the recommendations which you may have to offer regarding our the House Committee on Government Operacontained in the report.
work. tions to carry out this recommendation.
1. Each State should take a hard, critical The Commission is dedicated to the propThe Senate version of our bill, S. 2114, is scheduled to come up for hearings before
look at its property tax law and rid it of osition that the Federal system of governthe Senate Committee on Government Op
all features which cannot be administered ment in this country, with its division of erations next month. Sponsored by Senator
as written, which encourage taxpayers' dis powers among local, State, and National MUSKIE of Maine, our own Senator CASE and honesty or force administrators to condone governments, must be preserved
and 28 other Senators of both parties, this bill, evasion and which, if enforced, would impose strengthened. We welcome your help in this I suggest, is worthy of your active support. an intolerable tax burden.