Section 8, article I of the Constitution of the United States states that make all laws which shall be necessary and proper for carrying into execution— such powers. Numerous proposals have been made to past Congresses by various Presidents, including Woodrow Wilson, Warren G. Harding, Calvin Coolidge, Herbert Hoover, Franklin D. Roosevelt, and Harry S. Truman, relative to the need for the creation of new departments, consolidated agencies or divisions of the Government dealing with the three main functions prescribed by S. 140, in the interest of the general welfare, covering the fields of health, education, and social security, and a number of such proposals have been considered by the Congress. In a report submitted to the Senate in 1937 (S. Doc. No. 1275) compiled by the Brookings Institution at the request of the Congress, recommendations were made for an integration of all welfare agencies under a single Department of Social Welfare, following closely the over-all purposes of the bill under consideration. Considerable stress was placed upon the necessity for consolidation and extension of the activities of Federal agencies in the fields of health, education, and security, in a united program of close coordination since it was demonstrated that most of such activities were closely interwoven and related. Many of the reorganization recommendations made in this report have since been put into effect, and the pending bill would culminate the suggested program. The Federal Security Agency was established under the Reorganization Act of 1939, to reduce expenditures, increase efficiency, consolidate agencies according to major purposes, reduce the number of agencies by consolidating those having similar functions and by abolishing such as may not be necessary, and to eliminate overlapping and duplication of efforts. Grouped in the Federal Security Agency were those agencies of the Government the main purposes of which are to promote social and economic security, educational opportunity, and the health of the citizens of the Nation. Under the Reorganization Act of 1945, effective July 16, 1946, the President's Reorganization Plan No. 2 transferred the functions of certain other related agencies to the Federal Security Agency. This brings us up to the last step that may be considered in completing the ultimate realization of the highest possible organizational status for these activities-the creation of a department in the Government with a Cabinet rank. From what I have said, it can be seen that there has been a general consensus that the increasing importance of these functions warrants recognition on the highest organizational level, and with many Federal grants-in-aid legislative proposals now being considered early action 98634-47-pt. 1—2 may be indicated. The Congressional Reorganization Act of 1946 places responsibility upon this committee to determine what legislative action is necessary to meet this situation. Under the bill S. 140, no new powers are created, and no substantial additional appropriations are involved. It is primarily an administrative reorganization measure, since all components covered under its provisions already exist and are now included in the Federal Security Agency. The present functions of the Agency would, however, be classified in three major groups: health, education, and security. The bill provides for the appointment of Under Secretaries for each of these divisions who are to be specifically qualified in the specialized field to be administered. From the communications already received by the committee, it is indicated that opposition to S. 140 as now drawn will be concentrated this phase of the measure. It is being contended that to create such autonomous powers within the Department, headed by an individual who is not appointed for his administrative ability but with regard to his special knowledge and interest in the particular branch of the Department which he would head, would divide authority within the Department and prevent the realization of the coordination required to attain the objectives set forth in the bill. In brief, it is claimed that the professional consciousness of such appointees would tend to promote specific group interests rather than the public welfare, and would prevent effective administration measures. from being carried out where all three functions were involved. On the other hand, there will be, no doubt, other witnesses who will oppose the present language in the bill on the ground that it does not go far enough to insure the professional integrity of one or the other of the groups involved; that autonomous agencies are necessary to maintain their independence of action; and an administrator who is not professionally qualified in the particular field to which he is assigned might permit interference or possble absorption by other fields. Finally, those who will be called upon to administer the affairs of the Department may endeavor to show that to attempt to set up administrative authorities in legislation is an undue interference with the prerogatives of the executive department, and that, if Congress attempts to lay down specific qualifications for Presidential appointees, it is exerting undue influence and placing unfair restrictions which would make effective administration impossible. It may be further argued that to place such restrctions on the Executive would tend to crystallize existing differences and prevent cooperation rather than bring about a coordinated program in the public interest. It has not been the purpose of the Chair to go into the arguments in detail, but merely to point out some of them to the members of the committee so that they may know in advance what issues are involved. In order that the committee may have a clearer picture of the various proposals that will be offered as amendments to S. 140, or possibly an entirely different approach, I have introduced another bill, S. 712, which merely transfers the existing Federal Security Agency into a department without changing any of the existing functions. (Senate bill S. 712 is as follows:) [S. 712, 80th Cong., 1st sess.] A BILL To constitute the Federal Security Agency a Department of Health, Education, and Security Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Federal Security Agency is hereby constituted an executive department in the Government, and its name is hereby changed to the Department of Health, Education, and Security (hereinafter referred to as the "Department"). The Department shall be administered by a Secretary of Health, Education, and Security (hereinafter referred to as the "Secretary"), who shall be appointed by the President by and with the advice and consent of the Senate, and shall receive a salary at the rate of $15,000 per annum. The Secretary shall have the duty of fostering and promoting the general welfare of the people of the United States in matters pertaining to their health, education, social welfare, and social security, including the duty of studying and making recommendations and disseminating information with respect to such matters; and shall exercise the functions and perform the duties vested in the Federal Security Administrator at the time this Act becomes effective. The Secretary shall at the beginning of each regular session of the Congress submit to the Congress a report of the administration of the functions of the Department. SEC. 2. There shall be in the Department an Under Secretary and two Assistant Secretaries, who shall be appointed by the President by and with the advice and consent of the Senate, and each of whom shall perform such duties as the Secretary shall direct. The Under Secretary (or, during the absence or disability of the Under Secretary or in the event of a vacancy in his office, an Assistant Secretary designated by the Secretary) shall act as Secretary during the absence or disability of the Secretary or in the event of a vacancy in his office. The Under Secretary shall receive a salary at the rate of $12,000 per annum and each Assistant Secretary shall receive a salary at the rate of $10,000 per annum. SEC. 3. This Act shall become effective on the first day of the second calendar month after the month during which it is enacted. The Secretary, the Under Secretary, and the Assistant Secretaries may be appointed at any time after the enactment of this Act but shall not take office until its effective date. The Federal Security Administrator, the Assistant Federal Security Administrator, and the two assistant heads of the Federal Security Agency shall hold office until the Secretary, the Under Secretary, and the Assistant Secretaries, respectively, take office. The CHAIRMAN (continuing). Then, there is a more detailed measure of a similar nature which has been drawn by the Federal Security Agency. I am not sure whether that is an official proposal of the Federal Security Agency or not. Multigraphed copies of this are available to members of the committee. Perhaps somewhere in-between these measures the committee can develop appropriate legislation adequate to promote the public welfare to the highest possible degree. I submit for the record an impartial analysis and appraisal of S. 140, prepared by Dr. George B. Galloway, of the Legislative Reference Service, Library of Congress, at the request of the committee. This appraisal points out that the bill is not expected to result in any increase in the powers of the Federal Government, and that the resulting coordination as proposed would permit more effective assistance to State and community institutions, and tend to raise socialservice standards in all sections of the Nation. (The report of Dr. Galloway is as follows:) ANALYSIS AND APPRAISAL OF S. 140, To CREATE AN EXECUTIVE DEPARTMENT OF HEALTH, EDUCATION, AND SECURITY ANALYSIS S. 140 would create an executive Department of Health, Education, and Security administered by a Secretary and three Under Secretaries. The Department would include Divisions of Health, Education, and Security, each supervised by an Under Secretary. The objectives of the new Department would be to foster Nation-wide progress in the three fields largely through public and voluntary State and local agencies whose autonomy would be preserved. To this end the Department would encourage the development of services and facilities in those and related fields; cooperate with Federal, State, voluntary, and international agencies functioning therein; collect statistics and make studies, reports, and recommendations; and administer Federal programs in those fields. The Secretary would appoint advisory committees to consult with him on major policies in the several fields, delegate his powers and duties to subordinate officials, establish uniform standards and procedures, make necessary expenditures, and submit annual reports to Congress. The Federal Security Administrator and office, with its constituent units, per. sonnel property, and unexpended balances, would be transferred to the Department, as well as the Freedmen's Hospital, United States Public Health Service, Food and Drug Administration, Federal Board of Hospitalization, United States Office of Education, Children's Bureau, Howard University, and the Columbia Institution for the Deaf. APPRAISAL The purpose of the bill is to provide for more effective administration of functions already being performed by agencies of the Government in the fields of health, education, security, and related services contributing to individual, family, and community well-being. Steps have been taken in the direction of putting together some of the agencies in the Federal Government dealing with the problems of health, education, security, and related services by the adoption last year of Reorganization Plan No. 2. The proposed bill is conceived as the next step to follow up what has already been done in this direction, and to give the necessary importance in terms of organization by Cabinet status. Enactment of the bill is not expected to result in any increase in the powers of the Federal Government. The duties, functions, and powers of the new Department would be exactly the same as the duties, functions, and powers of existing Government agencies in these fields of activity. The resulting coordination within the Federal Government should, however, permit more effective assistance to State and community institutions. It is expected, also, that the publication of comparative statistics and factual information by the Department will arouse increased interest and activity in certain communities and States where accomplishment in the various fields of social service has fallen below accepted standards. By persuasion resulting from an adequate presentation of the relevant facts, it is hoped that the people at the local community level will be stimulated to take more effective action in improving health, education, security, and related community services. The bill directs the new Department to promote, foster, and encourage State and community activity in those fields. The bill as a whole is aimed at the central objective of further improving the efficiency of the Government by placing in one new Cabinet Department all the agencies and functions directly related to the problems of health, education, security, and related services. It would not change the substantive powers of the Federal Government in these fields. Any such change would still have to be made, after full debate and discussion, by the usual congressional procedure. The proposed bill merely provides machinery for more effective administration of existing functions. The CHAIRMAN (continuing). I will also submit for the record. A letter from the Acting Director of the Bureau of the Budget, and a report from the Federal Security Administrator which contains a complete analysis of the bill now under consideration and sets forth certain objections to specific provisions. While the Federal Security Administrator is strongly in favor of the general purposes of S. 140, there are provisions now contained in the bill which he feels would, in effect, attempt to control administrative functions by legislation. In this connection, of course, the Administrator will present his views in detail at a later date, at which time the committee will have ample opportunity to develop the basis for existing differences and to consider the amendments suggested. (The letter from the Acting Director of the Bureau of the Budget and the report from the Federal Security Administrator are as follows:) Hon. GEORGE D. AIKEN, EXECUTIVE OFFICE OF THE PRESIDENT, BUREAU OF THE BUDGET, Washington, D. C., February 20, 1947. Chairman, Committee an Expenditures in the Executive Departments, United States Senate. Washington, D. C. MY DEAR SENATOR AIKEN: Reference is made to your letter of January 21, 1947, requesting the views of the Bureau of the Budget regarding the proposal contained in S. 140, a bill to create an executive department of the Government to be known as the Department of Health, Education, and Security, and to your letter of February 15, 1947, stating that a preliminary hearing on the bill will be held on Friday, February 28, 1947. The Federal Security Agency has prepared and there is transmitted herewith a copy of its report which, although favoring the general purposes of this legislation, points out several provisions of the measure which, in the opinion of that Agency, are objectionable. While the general objective of this measure is in accord with the program of the President, as indicated in his recommendations in the recent State of the Union and Budget Message, it is believed that the position taken by the Federal Security Agency with respect to certain provisions of the measure is appropriate. The Bureau of the Budget has accordingly advised that agency that there would be no objection to the submission of its report to your committee. Sincerely yours, Hon. GEORGE D. AIKEN, F. J. LAWTON, Acting Director. FEDERAL SECURITY AGENCY, Washington 25, February 21, 1947. Chairman, Committee on Expenditures in the Executive DEAR MR. CHAIRMAN: This letter is in response to your request of January 20, 1947, for our views in regard to S. 140, a bill to create an executive department of the Government to be known as the Department of Health, Education, and Security. The basic purpose of the bill, to establish an executive department of the Government to discharge the functions now vested in the Federal Security Agency, is one which has been recommended by the President and one with which this Agency is in wholehearted accord. Somewhat similar recommendations have been made from time to time over the last 25 years by official committees charged with studying the administrative structure of the Government, and on one occasion a bill to create such an executive department was passed by the Senate but was defeated in the House. The establishment of the Federal Security Agency in 1939 and its recent reorganization représent phases of a long evolution which |