May 13, 1985 CONGRESSIONAL RECORD-HOUSE 11645 HOUSE OF REPRESENTATIVES-Monday, Mag 13, 1985 The House met at 11 a.m. and was RECESS somewhat philosophical way, "I think called to order by the Speaker pro The SPEAKER pro tempore. Pursu­ perhaps about 25 years." tempore [Mr. WRIGHT]. ant to the order of the House of May Well, he spent more than 25 years 9, 1985, the Chair declares the House among us as did others here and in recess, subject to the call of the many, many things have happened as DESIGNATION OF SPEAKER PRO Chair, to receive the former Members a result. TEMPORE of Congress. I welcome you on behalf of the The SPEAKER pro tempore laid Accordingly (at 11 o'clock and 4 min­ House and our colleagues and I will before the House the following com­ utes a.m.), the House stood in recess yield at this time and recognize the munication from the Speaker: subject to the call of the Chair. gentleman from Mississippi, the acting minority leader, Mr. LOTT. WASHINGTON, DC, May 9, 1985. Mr. LOTT. I thank the gentleman RECEPTION OF FORMER for yielding. I hereby designate the Honorable JIM MEMBERS OF CONGRESS WRIGHT to act as Speaker pro tempore on Mr. Speaker, I would like to join on Monday, May 13. 1985. The SPEAKER pro tempore United States following that terrible bit about this tremendous talent, some means, and doing it all with clean war to accept its responsibilities in the tremendous people on both sides of minds and pure hearts. To this end we world and not to walk away as it had the aisle who have served in this commit ourselves to the guidance of done following World War I and re­ House over the years and have gone Your spirit for the greater good of our fused to participate with the other na­ on to other employment, other avoca­ Nation and the brighter benefit of all tions of the world. tions in life. We would like maybe to mankind. Amen and amen. There had been a Ball and a Burton call on you to help us with some of the and a Hill and a Hatch and others who prickly problems that we deal with in had tried to formulate language. I re­ the House. Maybe as we look at trying THE JOURNAL member reading that "Bill" Fulbright, to find ways to deal with such prob­ then a freshman Member of the lems as contested elections or Rules of The SPEAKER pro tempore. The House, as I recall, had succeeded in the House, maybe we could call back a Chair has examined the Journal of doing that and someone asked him, I gentleman like the gentleman from the last day's proceedings and an­ think it was about a 25-word declara­ Arizona, Mr. Rhodes, or the former nounces to the House his approval tion that became bipartisan in accept­ distinguished chairman of the Com­ thereof. ance, someone asked him how long it mittee on Rules, Mr. Bolling; some of Pursuant to clause 1, rule I, the had taken him to write it, and Mr. Ful­ you gentleman could come back and Journal stands approved. bright said, characteristically, in his help us confront these problems.

0 This symbol represents the time of day during the House proceedings, e.g., 0 1407 is 2:07 p.m. e This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 11646 CONGRESSIONAL RECORD-HOUSE May 13, 1985 Maybe we should have some former ROLLCALL OF FORMER MEMBERS OF CONGRESS Armistead Selden of Alabama; Members, some present Members, and ATTENDING 15TH ANNUAL SPRING MEETING, Carlton R. Sickles of Maryland; some prospective Members who could MAY 13, 1985 Alfred Sieminski of New Jersey; sit with us and help us deal with these Hugh Q. Alexander of North Caroli- Henry P. Smith III of New York; problems on House reform and con­ na; William L. Springer of Illinois; tested elections, budget reform and William H. Avery of Kansas; William H. Ayres of Ohio; Lynn Stalbaum of Wisconsin; maybe former Members in a bipartisan Roy A. Taylor of North Carolina; effort would help to remove some of Lamar Baker of Tennessee; the partisanship and could give us a Laurie Battle of Alabama; John H. Terry of New York; clearer vision of where we have been J. Glenn Beall, Jr. of Maryland; Herbert Tenzer of New York; but more importantly where w~ John Blatnik of Minnesota; Charles A. Vanik of Ohio; should be going. John Buchanan of Alabama; Charles W. Whalen. Jr. of Ohio; So we may be calling on you. Maybe J. Caleb Boggs of Delaware; Larry Winn, Jr. of Kansas; David R. Bowen of Mississippi; Ralph W. Yarborough of Texas. through the Republican Research Daniel B. Brewster of Maryland; Committee, we may ask for a task 0 1120 force that would include people like Charles B. Brownson of Indiana; Jerry Ford and John Rhodes and John William T. Cahill of New Jersey; Mr. RHODES (presiding). The Chair Rousselot and Dick Bolling and Elford A. Cederberg of Michigan; would like to invite those former others, to give us some guidance and Charles E. Chamberlain of Michi- Members who did not respond when gan; the roll was called, or whose names some counsel of your past experiences. Don Clausen of California; I am pleased to be here on this occa­ were not called, to go give their names James C. Cleveland of New Hamp- to the reading clerk so that they may sion, to see good friends again, and shire; thank you for what you've done in the be included in the roll. Jeffery Cohelan of California; The Chair wishes to thank the other past and warn you that we may be Albert M. Cole of Kansas; calling on you for the future. former Members of the House for W. Sterling Cole of New York; their presence here today. We are glad to have you here, and David Cornwell of Indiana; we will look forward to visiting with James Coyne of Pennsylvania; The Chair now recognizes the distin­ you the rest of the day and in the William C. Cramer of Florida; guished president of the U.S. Associa­ future, and Mr. Speaker, the gentle­ Paul W. Cronin of Massachusetts; tion of Former Members of Congress, man from Texas, I appreciate your David Dennis of Indiana; the former Senator from Maryland, J. yielding for my opportunity to partici­ William Jennings Bryan Dorn of Glenn Beall. pate in this activity today. South Carolina; Mr. BEALL. I thank the Speaker. I The SPEAKER pro tempore. I am Michael A. Feighan of Ohio; must say that the gentleman looks going to ask the Clerk to call the roll L. H. Fountain of North Carolina; very natural in the chair. of former Members of the Congress, J. Allen Frear, Jr. of Delaware; Mr. Speaker. former Members of the but first I am going to ask if John J. W. Fulbright of Arkansas; Congress and sitting Members of the Rhodes of Arizona might like to come Edward A. Garmatz of Maryland; Congress, we are genuinely pleased to and sit here. I remember he said once, Harlan Hagen of California; be back in the Capitol today, and we on a famous occasion, "I've had my Robert P. Hanrahan of Illinois; are highly honored that the majority eye on that chair for a long time," and James Harvey of Michigan; leader. Mr. WRIGHT, and the minority I remember Speaker O'NEILL said, Wayne L. Hays of Ohio; whip, Mr. LoTT, and the Members who "John, that's all you'll ever get on it." Jack Hightower of Texas; are on the floor this morning are shar­ Now, I wonder if you would like to Chet Holifield of California; ing this occasion with us. come and sit here, John, and preside A. Oakley Hunter of California; We are grateful to you Mr. Speaker. Roman L. Hurska of Nebraska; and to the minority leader, Congress­ over this occasion. man BoB MICHEL, for arranging this Mr. RHODES (presiding). Mr. August E. Johansen of Michigan; Jed Johnson, Jr. of Oklahoma; visit so that we can present. in person, Speaker, I thank you for this great the annual report to the Congress re­ honor. Speaker O'NEILL did this a year Walter H. Judd of Minnesota;· Horace R. Kornegay of North Caro- quired by our Federal charter: ago, as you may recall, and he gave me As you know. the U.S. Association of the same quote which he had given me lina; Theodore R. Kupferman of New Former Members of Congress is a non­ before. and he was absolutely correct. profit. educational, research, and I have had my eye on this chair. and York; John V. Lindsay of New York; social organization. Launched 15 years before long, I am going to put ago by cofounders. Dr. Walter H. something else on it, thanks to you. Robert McClory of Illinois; Ray J. Madden of Indiana; Judd, who is here with us today. and The Chair recognizes the gentleman George Meader of Michigan; the late Brooks Hays, the membership from Mississippi [Mr. LoTT]. D. Bailey !>4errill of Indiana; is now more than 600. Each Member Mr. LOTT. Mr. Speaker, I would like JohnS. Monagan of Connecticut; has served in either the U.S. Senate or to say what a great pleasure it is to see William S. Moorhead of Pennsylva- the House of Representatives, and the distinguished gentleman from Ari­ nia; some have served in both. zona in that chair. It really seems to Thomas E. Morgan of Pennsylvania; When Congress granted a Federal become him. He may want to reconsid­ Frank E. Moss of Utah; charter to the association, it gave offi­ er and maybe rejoin his old ranks, but F. Jay Nimtz of Indiana; cial approval to our purpose. Our main also to say that I hope that the gentle­ Alvin E. O'Konski of Wisconsin; reason for being is to promote the man from Texas will be so generous Shirley N. Pettis of California; cause of representative government by and make the same offer to me when James M. Quigley of Pennsylvania; improving public understanding of the he returns to the chair later today. Henry S. Reuss of Wisconsin; Congress, as an institution. and of de­ Mr. RHODES (presiding). The Chair John J. Rhodes of Arizona; mocracy as a system of public life. directs the Clerk to call the roll of J. Kenneth Robinson of Virginia; The association is bipartisan. We former Members of Congress. John M. Robsion, Jr. of Kentucky; select one-half of our Board of Direc­ The Clerk called the roll of former J. Edward Roush of Indiana; tors from Republican members and Members of Congress, and the follow­ John Rousselot of California; one-half from Democratic members. ing former Members answered to their Fred D. Schwengel of Iowa; We also balance our officers in the names: William L. Scott of Virginia; same way and between the 500 former May 13, 1985 CONGRESSIONAL RECORD-HOUSE 11647

1 House Members and the 100 former Minister Alastair Gillespie of Canada Baylor University , Texas, Peter von der Senators who form the association. and Dr. Jacques Soustelle of France­ Heydt . We come from many places through­ to participate in seminars at 20 of our Bradley University, Illinois, Charles W. out the country. A good number of us Whalen, Jr. . colleges from coast to coast. During Brandeis University, Massachusetts, are now active in business, profession­ the present academic year, with sup­ Abner J. Mikva . pursuit of ways to be of service to the ditional four parliamentarians from Brenau College, Georgia, Ralph W. Yar­ institutions of a free society. other democracies who will meet with borough . Let me assure the current Members American college students, faculty, Brigham Young University 1 , Utah, of Congress that our association has and townspeople. Visits have been Jacques Soustelle . Peter von der Heydt of Germany, and Cameron University, Oklahoma, William long an active legislative life as you Karin Hafstad of Norway. A program L. Hungate . desire. But we promise, Mr. Speaker, is being set up for next fall for Harri Cameron University, Oklahoma, Dick to give a warm welcome and to provide Holkeri, a former member of the Finn­ Clark . opportunities for service on behalf of ish Parliament. These foreign legisla­ Carleton College, Minnesota, William S. our country to any Member of Con­ tors provide a resource heretofore un­ Mailliard . gress who chooses to join us in the known particularly on many of the Carroll College, Montana, Ralph. W. Yar­ future. For those who, like yourself, smaller American campuses and they borough . . · retirement, we are ready to receive of other countries among students, Chatham College, Pennsylvania, Cather­ you with rewarding friendships and faculty, and in local communities. On ine M. Bedell . useful activities. the reverse side of this coin, with fi­ Chatham College, Pennsylvania, Martha It is on those activities that I wish to nancial support from the Exxon Edu­ Keys . report to you at this time. With en­ cation Foundation, the Japan-U.S. Clarke College, 2 Georgia, William Hun­ couragement from you and the chair­ Foundation and other sources, we gate . men of the two foreign policy commit­ have also begun to send former Mem­ Colgate University, New York, WilliamS. tees, we have expanded our activities Mailliard . from the Ford Foundation. We hope Concordia College, Michigan, Walter H. with the names of the former mem­ Moeller . those who are already overburdened. to the current Members of Congress, Converse College, South Carolina, Jed At the same time this service makes it many of whose States and districts are Johnson, Jr. . possible to extend a warmer welcome reflected in the list. I am including it Dartmouth College, New Hampshire, and to enhance the utility of visits for the REcORD and also some of the John 0. Marsh, Jr. . from the members of legislative bodies comments we have received from the Dartmouth College, New Hampshire, Wil­ of other nations. campuses as well as a list of the spon­ liamS. Mailliard . cially their Congress. Initiated over 6 1 Albion College, Michigan, Martha Keys Duke University, North Carolina, Georg years ago, the program is being . gate . have now been completed to 178 cam­ Arizona State University, Arizona, Gale Elmira College, New York, Charles W. puses in 49 States. These visits have W. McGee . Assumption College, Massachusetts, Gale Furman University, South Carolina, Jed art Mott Foundation, as well as the W. McGee . 1 universities and colleges themselves. Atlanta University 2 , Georgia, William Georgetown University, District of Co­ In previous years, our then presi­ Mailliard . Yarborough

I 11648 CONGRESSIONAL RECORD-HOUSE May 13, 1985 Hiram College, Ohio, Howard H. Callaway Murray State University, Kentucky, U.S. Naval Academy, Maryland, William . Hope College, Michigan, Gale W. McGee Northern Illinois University, Illinois, Wil­ University of Alaska, Alaska, William S. . Mailliard . stad . McGee . Indiana Univ. Northwest, Indiana, Neil Oklahoma State University, Oklahoma, University of Arkansas, Arkansas, Charles Staebler . W. Whalen, Jr. . Keys (Kansas). fornia, Henry S. Reuss . Kansai University, 3 Japan, Frank E. Moss Rockhurst College, Kansas, Karin Haf­ stad . . Kansas State University, Kansas, Paul N. St. Cloud State University, Minnesota, Charles W. Whalen, Jr. . Rhodes . Keys . Mailliard (California). University of New Orleans, Jacques Sous­ Lake Forest College, Illinois, Ralph W. Salem College, North Carolina, ;Martha telle, France . Yarborough . Martha Keys . University of South Carolina, South Siena College, New York, Frank E. Moss Carolina, Alan Lee Williams . Southeast Community College, Kentucky, University of South Carolina, South Caro­ Mary Hardin Baylor, Texas, Brooks Hays Donald E. Lukens . Dakota, William L. Hungate . Southwestern College, Kansas, Henry P. University of Texas, 1 Texas, Alastair Gil­ Mesa Community College, Arizona, Gale Smith III . Spelman College, 2 Georgia, William Hun­ Miami University-Middletown, Ohio, gate (Missouri>. University of Utah, Utah, Robert N. James W. Symington . SUNY-Plattsburg, New York, Richardson telle . State University of Oswego, New York, liams . University of Washington, 1 Washington, Walter H. Judd . Talladega College, Alabama, Ted Kupfer­ ia, Georg Kahn-Ackerman . University of West Virginia, 1 West Virgin­ Dan Kuykendall . Morris Brown College, 2 Georgia, William U.S. Coast Guard Academy, Connecticut, Vanderbilt University, Tennessee, Ralph Hungate . Ralph W. Yarborough . W. Yarborough . Mount Vernon College, District of Colum­ U.S. Naval Academy, Maryland, John S. Vanderbilt University, Tennessee, Celio bia, Martha Keys . Monagan . Borja . 1.:· May 13, 1985 CONGRESSIONAL RECORD-HOUSE 11649 Virginia Military Institute, Virginia, Gale responsible for our program being so very ment for the Humanities, and the W. McGee . which we sponsor for Wisconsin high school Wake Forest University, 1 North Carolina, students. Her in-depth knowledge on some Our international activity has · in­ Georg Kahn-Ackerman

51-059 0-86-14

'· But anyway, all the television But during that period there was ute their own funds to supplement and people, of course, opposed it. They had roughly, in round numbers, 150,000 to support what we give. It is almost as a lot of influence with the Members, 200,000, depending on certain margin­ much as we give overall, not quite. But and it did not get anywhere. I still al cases there, but approximately it keeps the program multinational, think it is a good idea. I think some 50,000 Americans and 100,000 foreign­ and it shows their interest in it and spokesman of the Congress ought to ers. The total cost of that program the people that have influence. There be able to use the same amount of free since the beginning, and I do not know are friendly people in positions of in­ public prime time as the President how you evaluate the original funds fluence. does to keep the balance between the because they were all lOU's growing I submit, purely on the matter of se­ two. I am not trying to abolish the ex­ out of the sale of surplus war proper­ curity, if you like, it is much more ecutive, but I just think that because ty. helpful to the country to have a hun­ of the appeal of television, it is tend­ 0 1150 dred thousand understanding friends ing to get out of balance more than it than it is to continue to pile up more used to be. So they were not convertible into and more armaments. But that is a But I think the Congress really has, dollars, and the experience of the very controversial issue, and I know it. out of all these Members here, you all First World War is that they were for­ I am only mentioning it, not trying to know them, a greater diversity and I given, the First World War debts. So I make it an issue this morning but to think originality, and many of the best do not know how you evaluate them. consider it, because people tend to ideas originate in the Congress. They If you give them a value of approxi­ consider this type of program purely have in the past and they will in the mately what they were, still the total from the educational aspects. It is not future, and its importance ought to be cost in the nearly 40 years would not that we are against education, we are significantly increased and the people buy one submarine, maybe about a all for it. But it has implications-as ought to be made to recognize how im­ half of a submarine. Miss Luce will agree, whether it is an portant it is. I know that what they When you are thinking of your secu­ implication or an inference, one or the tend to do is-obviously they approve rity alone, forgetting for a moment other-for much greater profit and of their own Congressman-but they the intellectual aspects, the profes­ much greater benefit for the amount tend to make a difference between the sors, and so on, in these countries that invested in it than anything you can way they respect their own Congress­ are important in international securi­ mention. But we have not put really men and Representatives and the body ty, our former allies and our former very much money in it. So I think that as a whole. Why this is true I am not enemies, you have some of the very it goes to the root of the problem. quite sure. It is not clear to me other important and coming influential citi­ zens. In their governments you will Lord Grace said after World War I than I have tried to think about it that "the great nations are always with regard to television. find them, and especially in their uni­ versities and in journalism, in any making mistakes because they don't But I have seen these polls that give understand each other's psychology." the rating of Congress way down, walk of life, because just now, after 30 which is really very distressing. years, they are beginning to arrive at And that is true. We thought the Ger­ I do not wish to take too much time. what you call midcareer where they mans were monsters; now they are I forget about the 5-minute rule, but I are influential, just as Members of this friends. The President has just been want to just mention and emphasize a body are. There are some Members in there. We thought the Japanese were little further one of the things that this body, and you will find it the monsters; now they are friends. Now Glenn Beall, one of my old friends, same in all the countries of Western we are presently engaged in this same mentioned, because the legislation Europe, and especially Japan. And the relationship with the Russians. They originated in the Congress. The execu­ interesting thing is that the two prin­ could be dangerous. We think they are tive did not even know about it when cipal enemies in the last world war of monsters, and our television and our it was introduced in the Senate on the 40 years ago, the Germans and the journalists whip it up and they get exchange program, and the preserva­ Japanese, are the two principal sup­ worse every day. It feeds upon itself. It tion of it has entirely been provided by porters outside of the United States. is the nature of this kind of an ani­ the Congress. This has made a great impression on mosity that develops. Two or three times there have been both of them, and I think it is more I maintain that there is no good end efforts made either to reduce it, elimi­ than a coincidence that it is these two to that type of approach or activity. nate it, or to politicize it, and the Con­ countries. If you recall, the Germans Whatever you may think of them gress has come to the rescue. Even in the First World War were monsters. today, you do not want to have a nu­ within the last 5 years there was a sug­ Many of you will maybe not remember clear exchange. We all agree on that. gestion made from the executive to that, but in the publicity, although we What do you do about it? I am only reduce the amount by about 50 per­ did not have television, they were the suggesting that one of the things you cent. It was the Congress, the House Huns who devoured babies for break­ do is to understand them and they un­ and the Senate, who preserved it and fast. I mean they were real monsters, derstand us, to learn to know their who have, in fact, increased it. we thought. And in the Second World psychology and they will understand I just want to emphasize that when W-ar, we thought the same, even more ours, and there may be a basis upon you think of the amount of money maybe, of the Japanese, these people which you can have some agreement. that is being spent for our security, as who had no respect for life, with their So it is that Congress that deserves they call it, the arms race, some $300 kamikaze pilots and Pearl Harbor, et the credit for this type of approach. billion, and compare it with the cost of cetera. You know what we thought As Glenn Beall has said, the former this program, which has been going about them. Members are doing the same thing in now for nearly 40 years. It was intro­ These two countries now-and 1 a little different context. The only duced 40 years ago this year, the legis­ think this program has had much to thing is they are approaching it from lation was. It did not actually get into do with it-are the principal support­ the nonacademic aspect, in the non­ operation because there were various ers. Two years ago, I believe it was, the academic field, but they are seeking to administrative tangles and questions Germans gave about three times as accomplish-and I think they are-the that had to be resolved. So the first much for the Fulbright program in same thing. May 13, 1985 CONGRESSIONAL RECORD-HOUSE 11653 Well, I have taken more time than I We will also have our reception this 47. Honorable Elford A. Cederberg. used to get in the House. I took advan­ evening from 5:30 to 7:00, again on the 48. Honorable Charles E. Chamberlain. tage of your allowing me to reminisce. ninth floor of the Hart Senate Office 49. Champion International Corporation. 50. Honorable & Mrs. Jeffery Cohelan. I only want to say again how much I Building. So we will meet again at 51. Honorable W. Sterling Cole. appreciate it. It really is an unexpect­ 12:30 at the Hart Senate Office Build­ 52. Congressional Staff Directory, Ltd. ed pleasure because I have been out ing for our lunch. 53. Mr. Ralph J. Cornell. now for quite a long time and I Mr. Speaker, this concludes our 54. Coyne Chemical. thought people had forgotten all annual report to the Congress. We 55. Delphi Research Associates. about it. But I am deeply indebted to thank you and every Member of both 56. Ernst & Paula Deutsch Foundation, the former Members for this honor. It bodies. The welfare of our country Inc. is the greatest honor I have had be­ and, in a large degree, of the world is 57. Exxon Company, USA. 58. Federal National Mortgage Associa- cause it comes from our peers. in your hands. We support you in the tion. Thank you very much, Mr. Speaker, faithful discharge of your responsibil­ 59. Finance Factors Foundation. and thank you much, the former ities. 60. Gerald R. Ford Foundation. Members. Mr. Speaker, I conclude by inserting 61. Ford Motor Company Fund. [Applause, the former Members in the RECORD a list of those sponsors 62. Honorable David H. Gambrell. rising.] who make our programs possible. 63. General Electric Foundation. Mr. BEALL. Mr. Speaker, to show SUBSTANTIAL CONTRIBUTORS TO THE ASSOCIA- 64. Honorable Robert A. Grant. that he truly is remembered, I would . TION OF FORMER MEMBERS OF CONGRESS 65. Gulf Oil Corporation. 66. RichardT. Hanna Family Fund. like to add to Senator Fulbright's col­ 1 PATRONS 67. Honorable Ralph R. Harding. lection a collection of letters from sit­ 1. Ford Foundation. 68. Honorable Porter Hardy, Jr. ting and former Members of Congress 2. German Marshall Fund of the United 69. Hartwick College. showing their respect and admiration. States. 70. Honorable Brooks Hays. [Applause.] 3. Japan-U.S. Friendship Commission. 71. H. J. Heinz Charitable Trust. Mr. BEALL. Mr. Speaker, one final 4. Lilly Endowment, Inc. 72. Honorable Jeffrey P. Hillelson. item will conclude this 1985 report to 5. Charles Stewart Mott Foundation. 73. Home Federal Savings & Loan Associa- the Congress by the U.S. Association 6. National Endowment for the Human­ tion. ities. 7 4. Honorable Roman L. Hruska. of Former Members of Congress. And 7. Rockefeller Foundation. that is to announce the transfer of the 75. Honorable William L. Hungate. 8. U.S. Information Agency. 76. Honorable J. Edward Hutchinson. leadership of our association, as is our BENEFACTORS 2 77.I.B.M. practice every year. Former Congress­ 15. Anonymous Individual. 78. Institute of International Education. man James M. Quigley of Pennsylva­ 10. Anonymous Foundation. 79. International Harvester. nia, will officially take office in July 11. Claude Worthington Benedum Foun­ 80. International Union of Operating En- and be our leader for the next 12 dation. gineers. months. I can assure him-as he must 12. Carnegie Corporation of New York. 81. Mrs. Benjamin F. James. already know-that he will have the 13. Carnegie Corporation-Aging Society 82. The Johnson Foundation. support of all the members of our as­ Project. 1 83. Honorable Jed Johnson, Jr. sociation. 14. Exxon Education Foundation. 84. Honorable Walter H. Judd. 15. FMC Corporation Foundation. 85. Honorable William J. Keating. I am sure that it will be a fulfilling 86. Kemper Educational and Charitable and enriching experience for him. I 16. Honorable Charles K. Fletcher. 17. FMC Auxiliary. Fund. might say that he will also have the 18. Grand Street Boys' Foundation. 87. Mr. J. C. Kennedy. assistance of a skilled and devoted 19. Flora & William Hewlett Foundation. 88. Lincoln Memorial Park, Inc. staff, including our executive director, 20. John Crain Kunkel Foundation. 89. Luther College. Jed Johnson, Jr., himself a former 21. Honorable William S. Mailliard. 90. Honorable Gales W. McGee. Member of Congress, our faithful sec­ 22. Louis Taft Semple Foundation. 91. Honorable James G. Martin. retary-manager, Dorothy Bageant, 23. University of South Carolina-James 92. Matanuska-Susitna Community Col- staff assistant Leslie Weaver, and Judy Byrnes International Center. lege. 24. United Parcel Service Foundation. 93. Honorable D. Bailey Merrill. Allen, as well as Deputy Director 94. Honorable HelenS. Meyner. George Agree and consultants, Francis 25. Mr. Francis R. Valeo. 3 95. Miami University-Ohio. Valeo, and Gerald Livingston. SPONSORS 96. Mid-America Nazarene College. Mr. Speaker, I have one other thing, 26. AT&T Foundation. 97. Honorable Chester L. Mize. a housekeeping announcement. I 27. Albion College. 98. Mobil Oil Corporation. should remind the members of the as­ 28. AMAX Foundation. 99. Honorable JohnS. Monagan. sociation that after we leave here, we 29. America-Israel Friendship League. 100. Honorable Frank E. Moss. 30. American Brands, Inc. 101. Mount Vernon College. will move to the ninth floor of the 31. American Income Life Insurance Com- 102. Mr. Richard Murphy. Hart Building, which will be a new ex­ pany. 103. National Association of Independent perience, I am sure, for a lot of us be­ 32. Ashland Oil Company. Insurers. cause it is the latest addition to the 33. Atlantic Council of t.he United States. 104. National Paint & Coatings Associa­ Senate side of the Capitol. We will 34. Baltimore Gas & Electric Company. tion. have lunch on the ninth floor of that 35. Battelle Memorial Institute. 105. National Study Commission on building at 12:30, and we will hear 36. Baylor University. Records and Documents. from the majority leader of the 37. Honorable J. Glenn Beall, Jr. 106. Pacific Federal Savings & Loan Asso­ 38. Beech Aircraft Corporation. ciation. Senate, Senator ROBERT DOLE of 39. Black & Decker Manufacturing Com- 107. Panhandle Eastern Pipeline Compa- Kansas. pany. ny. I would point out also that for this 40. Honorable Iris F. Blitch. 108. Pan Pacific Community Association. afternoon's program, which is foreign 41. Honorable J. Caleb Boggs. 109. Honorable Shirley N. Pettis. policy briefings led by counselor and 42. Honorable Charles B. Brownson. 110. Honorable Otis Pike. former Member Ed Derwinski, the 43. Honorable Joel T. Broyhill. 111. Pioneer Federal Savings & Loan Asso- room has been changed. If you do not 44. Honorable James L. Buckley. ciation. 45. Howard H. Callaway Foundation. 112. The Prudential Foundation. have a new green sheet, you should 46. Castle & Cooke, Inc. 113. Honorable James M. Quigley. make note of the fact that this meet­ 114. Honorable Ben Reifel. ing beginning at 2 o'clock will be held 115. Relief Foundation, Inc. in room 106 of the Dirksen Senate 1 Patrons have contributed at least $50,000. 2 Benefactors have contributed between $10,000 116. Honorable HenryS. Reuss. Office Building. Otherwise everything and $50,000. 117. R. J. Reynolds Company. remains the same. 3 Sponsors have contributed $1,000 to $10,000. 118. Reynolds Metals Company. 11654 CONGRESSIONAL RECORD-HOUSE May 13, 1985 119. Honorable John J. Rhodes. recess until 12 o'clock and 15 minutes The United States has signed the Rio 120. Honorable Fred B. Rooney. p.m. 121. Salem College. Treaty, and so has Nicaragua, yet we 122. Sangamon State University. have used aggressive force against 123. Dr. Scholl Foundation. 0 1210 Nicaragua in violation of the Rio 124. Florence & John Schumann Founda- Treaty, a government which President tion. AFTER RECESS Reagan recognizes and with which he 125. Honorable Hugh Scott. The recess having expired, the maintains diplomatic relations. The 126. Honorable William L. Scott. Nicaraguan Contras are fighting 127. G. D. Searle & Company. House was called to order by the 128. Sears Roebuck and Company. Speaker pro tempore at 12 o'clock and against this elected government of 129. Mrs. Kay Sheppard. 15 minutes p.m. their country, and our administration 130. Honorable Carlton R. Sickles. and others in Congress continue to 131. Siena College. fight for aid to help these Contra 132. Honorable Henry P. Smith III. PRINTING OF PROCEEDINGS forces overthrow the Nicaraguan Gov­ 133. SmithKline Corporation. HAD DURING RECESS ernment. It defies logic that the 134. Sperry Corporation. United States would at the same time 135. Honorable William L. Springer. Mr. LOTT. Mr. Speaker, I ask unani­ 136. St. Cloud University. mous consent that the proceedings recognize the very government it seeks 137. Sun Company. had during the recess be printed in the to overthrow. 138. SUNY-Binghamton University. RECORD and that all Members and In addition, the war that the Con­ 139. Honorable James W. Symington. former Members who spoke during the tras are fighting is by guerrilla war­ 140. TRW, Inc. recess have the privilege of revising fare; in other words, terrorism. This is 141. Florrie & Herbert Tenzer Philan- their remarks. the same terrorism that our President thropic Fund. repeatedly denounces when it is con­ 142. Honorable Herbert Tenzer. The SPEAKER pro tempore. Is 143. Honorable Lera Thomas. there objection to the request of the ducted against our country; yet he 144. The Tobacco Institute. gentleman from Mississippi? wants to justify the use of terrorism 145. Honorable Andrew J. Transue. There was no objection. when it is against Nicaragua. The use 146. Unilever United States, Inc. of terrorism is not detached and clean 147. U.S. Capitol Historical Society. and technical; it is dirty and gruesome 148. United States-Japan Foundation. EQUAL TREATMENT FOR VETER­ and tragic. Terrorism is kidnaping, it is 149. University of Alaska. ANS' COMPENSATION AND PEN­ rape, and it is dismemberment; it is 150. University of California-Berkley. SIONS 151. University of Delaware. murder, plain and simple, and I for 152. University of Oklahoma Foundation. Vietnam. and dismemberment and murder. The outstanding job. He deserves and has Mr. Speaker, most veterans' organi­ blood they draw is on our hands. the appreciation of all of us. [Ap­ zations will support whatever Con­ There are peaceful means of settling plause.] gress does on COLA's, as long as the Jim Quigley, we welcome you and the unrest in Central America, and the veterans are treated the same as Social United States has pledged to other will welcome you in July to the august Security recipients and other Govern­ countries in the United Nations and position now held by the gentleman ment pensioners. from Maryland, and we promise you the Organization of American States our undying support throughout your to pursue these peaceful means. But tenure. We are sure it will be success­ CENTRAL AMERICA: A DOSE OF so far, the United States has reneged ful. REALITY on its promises, and we must be held Now, before terminating these pro­ accountable. The American people will Vietnam war veterans, I would like to Social Security during the last 4 years, squads in the Middle East, which is al­ take a moment to reflect upon the lot the President has answered by reneg­ ready a hair trigger? Do we think that of the Korean war veteran. ing on his initial support and commit­ this would help the view of Americans The Korean war veteran is some­ ment during the Presidential political that led to the bombing of our bar­ times referred to as the "forgotten vet­ campaigns in 1980 and 1984. racks in Beirut? Is this a wise use of eran." For him there was no warm It has taken 4 years for the Presi­ our tax dollars? welcome home-not even a belated one dent to come around to make the I don't think so, Mr. President. as we are now finally according the promise and the commitments again 11656 CONGRESSIONAL RECORD-HOUSE May 13, 1985 not to cut Social Security. Now, less Office for approval of a plan provided under occurs unless that individual is a full than 4 months after the election, such section;". member of such organization Section 8908 of title 5, United States Social Security cost-of-living adjust­ " (1) is sponsored or underwritten, and ad­ Code, is amended by adding at the end ments is wrong, Mr. Speaker, and ministered, in whole or substantial part, by thereof the following: many in this Congress, the people's an employee organization described in sec­ tion 8901(8)(B) of this title; "(c) A disability annuitant whose disabil­ House of Representatives will strongly "(2) offers benefits of the types named by ity annuity under section 8337 of this title was terminated and is later restored under fight the President's efforts to take paragraph (1) or <2> of section 8904 of this away older Americans hard-earned title or both; the second or third sentence of subsection Social Security pensions benefits. "(3) provides for benefits only by paying of such section may, under regulations for, or providing rembursement for, the cost prescribed by the Office, enroll in a health of such benefits (as provided for under para­ benefits plan described by section 8903 or 8903a of this title if such annuitant was cov­ ANNOUNCEMENT BY THE graph (1) or (2) of section 8903 of this title> SPEAKER PRO TEMPORE or a combination thereof; and ered by any such plan immediately before "(4) is available only to individuals who, at such annuity was terminated.". The SPEAKER pro tempore The section heading for section RoBINSON). Pursuant to the provisions the organization and to members of their 8908 of title 5, United States Code, is of clauses 5, rule I, the Chair an­ families. amended to read as follows: nounces that he will postpone further "(c) A contract for a plan approved under "§ 8908. Coverage of restored employees and sur­ proceedings today on each motion to this section shall require the carrier- vivor or disability annuitants". suspend the rules on which a recorded "( 1 > to enter into an agreement approved The analysis for chapter 89 of title 5, vote or the yeas and nays are ordered, by the Office with an underwriting subcon­ United States Code, is amended by striking or on which the vote is objected to tractor licensed to issue group health insur­ out the item relating to section 8908 and in­ ance in all the States and the District of Co­ serting in lieu thereof the following: under clause 4 of rule XV. lumbia; or Such rollcall votes, if postponed, will "(2) to demonstrate ability to meet rea­ "8908. Coverage of restored employees and be taken on Tuesday, May 14, 1985. sonable minimum financial standards pre­ survivor or disability annu­ scribed by the Office. itants.". "(d) For the purpose of this section, an in­ (b) LIFE INSURANCE.-Section 8706 of title AUTHORIZING ADDITIONAL FED­ dividual shall be considered a full member 5, United States Code, is amended by adding ERAL EMPLOYEE HEALTH BEN­ of an organization if such individual is eligi­ at the end thereof the following: EFITS PLANS ble to exercise all rights and privileges inci­ "(g) If the insurance of a former employee Ms. OAKAR. Mr. Speaker, I move to dent to full membership in such organiza­ receiving a disability annuity under section suspend the rules and pass the bill tion The analysis for chapter 89 of title 5, thereafter restored under the second or zations, which are not eligible to par­ United States Code, is amended by inserting third sentence of subsection of such sec­ ticipate in the Federal Employees after the item relating to section 8903 the tion, such former employee may, under reg­ Health Benefits Program solely be­ following: ulations prescribed by the Office, elect to cause of the requirement that applica­ "8903a. Additional health benefits plans.". resume the insurance coverage which was so stopped.". tions for approval be filed before Jan­ SEC. 2. TECHNICAL AND CONFORMING AMEND- uary 1, 1980, to apply for approval to MENTS. (C) APPLICABILITY; NOTIFICATION REQUIRE­ offer a health benefits plan, as amend­ Sections 8902(a), 8902, 8902(1), MENT; CONSTRUCTION.- ed. 8905(a), 8905< 1 ), 8905(f), 8908(b), and ( 1) The amendments made by this section 8913 of title 5, United States Code, are shall apply with respect to any individual The Clerk read as follows: whose disability annuity is or was restored H.R. 873 each amended by striking out "8903 of this title" and inserting in lieu thereof "8903 or under section 8337(e) of title 5, United Be it enacted by the Senate and House of 8903a of this title". States Code, after December 31, 1983. Representatives of the United States of Section 8903(3) of title 5, United States <2> The Office of Personnel Manage­ America in Congress assembled, Code, is amended by striking out "employee ment shall notify each individual under sub­ SECTION 1. AUTHORITY FOR ADDITIONAL EMPLOY­ organizations," and inserting in lieu thereof paragraph (B) of any rights which such in­ EE ORGANIZATION PLANS. "employee organizations described in sec­ dividual may have under section 8706(g) or (a) DEFINITION OF AN EMPLOYEE 0RGANIZA· tion 8901<8> of this title,". section 8908(c) of title 5, United States TION.-Section 8901(8) of title 5, United Section 8905(f) of title 5, United States Code, as amended by this section, including States Code, is amended to read as follows: Code, is further amended by striking out any procedures or deadlines which may "(8) 'employee organization' means- "plan described by that section" and insert­ apply with respect to the exercise of those "(A) an association or other organization ing in lieu thereof "such plan". rights. of employees which is national in scope, or (d) Section 8907(a) of title 5, United Notification under this paragraph in which membership is open to all employ­ States Code, is amended by striking out shall be provided to any individual who, as ees of a Government agency who are eligi­ "section 8903" and inserting in lieu thereof of the 90th day after the date of enactment ble to enroll in a health benefits plan under "sections 8903 and 8903a". of this Act, is receiving a disability annuity this chapter and which, after December 31, Section 8909(d) of title 5, United States which was restored to such individual under 1978, and before January 1, 1980, applied to Code, is amended- section 8337(e) of title 5, United States the Office for approval of a plan provided (1) in inserting "or 8903a" before "of this Code, after December 31, 1983. under section 8903(3) of this title; and title"; and (3)(A) Nothing in this section shall be con­ "(B) an association or other organization (2) by adding at the end thereof the fol­ strued to authorize- which is national in scope, in which mem­ lowing: "If the successor organization is an (i) coverage under chapter 87 of title 5, bership is open only to employees, annu­ organization described in section 8901(8)(B) United States Code, in the case of any indi­ itants, or former spouses, or any combina­ of this title, any employee, annuitant, or vidual who makes an election under section tion thereof, and which, during the 90-day former spouse so transferred may not 8706 of such title , for any period before the date of such of section 8903a of this title, applied to the the contract term in which the merger election; or May 13, 1985 CONGRESSIONAL RECORD-HOUSE 11657 coverage under chapter 89 of title 5, ly process for enabling additional em­ colleagues to vote to suspend the rules United States Code, in the case of any indi­ ployee organization plans to be offered and pass H.R. 873. vidual who becomes enrolled in a health in the FEHBP. The revised H.R. 873 benefits plan under section 8908 of such establishes a 90-day period, beginning 0 1230 title . for any period before the date as of which such indi­ on the date of enactment of the legis­ Mr. Speaker, I reserve the balance of vidual becomes so enrolled. lation, during which new employee or­ my time. This paragraph applies with respect to ganization plans may be submitted for Mr. MYERS of Indiana. Mr. Speak­ any individual receiving a disability annuity approval to the OPM for inclusion in er, I yield myself such time as I may which is or was restored under section the FEHBP. In order to be eligible for consume. 8337 of title 5, United States Code, after approval, these new plans must meet Mr. Speaker, I thank the gentlewom­ December 31, 1983, and before the expira­ all the requirements of existing law, an from Ohio [Ms. OAKAR] for her tion of the 90-day period beginning on the and the following requirements as date of enactment of this Act. very kind remarks. well. The minority is pleased to support The SPEAKER pro tempore. Is a The plans must provide health bene­ H.R. 873, as amended, which provides second demanded? fits to enrollees either on a fee-for­ authority to add employee organiza­ Mr. MYERS of Indiana. Mr. Speak­ service or an indemnity basis; tion health plans to the Federal Em­ er, I demand a second. The plans must be open only to bona ployees Health Benefits Program. The SPEAKER pro tempore. ·with­ fide members of the sponsoring em­ Under existing law, employee organi­ out objection, a second will be consid­ ployee organization and their families, zations cannot sponsor new plans in ered as ordered. including former spouses; There was no objection. the FEHB. This bill establishes a 90- The SPEAKER pro tempore. The The plans must be open to retired day period during which employee or­ gentlewoman from Ohio [Ms. OAKAR] members, as well as to actively em­ ganizations may apply to the Office of will be recognized for 20 minutes, and ployed members of the sponsoring or­ Personnel Management to sponsor the gentleman from Indiana [Mr. ganization; and FEHB plans. It also contains safe­ MYERS] will be recognized for 20 min­ The plans must satisfy requirements guards to ensure new plans are finan­ utes. for financial solvency as prescribed by cially sound. The Chair recognizes the gentle­ OPM. H.R. 873 was reported favorably by woman from Ohio [Ms. OAKAR]. Newly accepted plans will be open the Post Office and Civil Service Com­ Ms. OAKAR. Mr. Speaker, I yield for enrollment during the following mittee with broad bipartisan support. myself such time as I may consume. regularly scheduled open season. The bill also is supported by the ad­ Mr. Speaker, today, the House is These changes to H.R. 873 are im­ ministration, and, according to the considering H.R. 873, a bill to allow ad­ portant to ensure the orderly inclusion Congressional Budget Office, the addi­ ditional employee organizations to in the FEHBP of additional, qualified tion of a small number of health in­ participate in the Federal Employees employee organization plans, and to surance plans to the large number al­ Health Benefits Program [FEHBP] allow for an even greater range of ready available is not expected to sig­ and to restore Federal health and life choices for participants in this insur­ nificantly alter Federal costs. insurance benefits to certain disabled ance program. This legislation also corrects an annuitants. In addition, H.R. 873, as amended, oversight with respect to disability an­ H.R. 873 was introduced by Con­ corrects a long-standing inequity with nuities. Under current law, if the out­ gressman NORMAN DICKS of Washing­ regard to disability annuitants. Under side earnings of a disabled annuitant ton, along with Congressmen VIc current law, a disability annuitant who rises above a certain amount, the an­ FAZIO of California, SAM STRATTON of participated in the FEHBP and life in­ nuity is terminated and Federal health New York, and FRANK WOLF of Virgin­ surance programs and whose annuity and life insurance benefits are termi­ ia. The bill was ordered reported by a was terminated is not permitted to nated. The problem is that if the indi­ voice vote of the Post Office and Civil again participate in the FEHBP or life vidual's outside earnings fall below a Service Committee on Wednesday, insurance programs upon restoration certain threshold in the next year, he May 8, with an amendment in the of the annuity. H.R. 873 would allow or she cannot recapture Federal or life nature o{ a substitute. the individual to participate in these insurance benefits. Only the disability The basic purpose of this legislation programs upon restoration of the an­ annuity is restored. This legislation is to permit the creation of new plans nuity by enrolling and paying the an­ will correct that oversight. I urge a fa­ that can be tailored to fit the needs nuitant's portion of the subscription vorable vote on this piece of legisla­ and resources of certain groups of cost. tion. FEHBP participants. In so doing, the Mr. Speaker, according to the Con­ Mr. Speaker, I reserve the balance of bill will enable some participants to gressional Budget Office, the enact­ my time. select health coverage that might not ment of this legislation will result in The SPEAKER pro tempore. The be offered presently by existing plans. additional Government outlays of less gentleman has consumed 2 minutes. As chair of the Subcommittee on ~han $500,000 per year. This legisla­ Ms. OAKAR. Mr. Speaker, I would Compensation and Employee benefits, tion is supported by the administra­ like to yield to one of the major spon­ I conducted hearings last year on iden­ tion and by the minority members of sors of the bill, Mr. FAZIO. tical legislation, then H.R. 1517. At the committee. At this point, I would I want to say at this juncture that I that hearing, witnesses testified that like to thank the minority members, certainly appreciated the cooperation bringing new plans into the Federal Mr. MYERS of Indiana and Mr. YOUNG of this distinguished Member and Health Insurance Program, if done of Alaska, for their cooperation and chairman of one of the important sub­ properly, could enhance the choices partnership in passing this legislation. committees for allowing the commit­ available to program participants It is certainly a pleasure to work with tee, the Post Office Committee, to without additional cost to the Govern- them. work its will and produce a piece of ment. · Mr. Speaker, I also would like to legislation that could be done without On May 7, the Subcommittee on thank the employee organizations and any loopholes in it; and I know it took Compensation and Employee benefits other groups who have contributed to a little time to do that, and I appreci­ considered and approved an amend­ the development of this legislation. In ate the patience of my friend from ment which I introduced in the nature addition, I especially would like to California, and I am sure his Federal of a substitute to H.R. 873. My amend­ thank congressmen NORM DICKS, VIC managers, along with other groups, ment responded to the concerns raised FAZIO, SAM STRATTON, and FRANK WOLF are deeply grateful for the work he at the hearings and set forth an order- for their support of this bill. I urge my has done on this issue. 11658 CONGRESSIONAL RECORD-HOUSE May 13, 1985 I yield to the gentleman from Cali­ demnity basis, or some combination of Managers' Association, Mr. Michael fornia. the two; Minahan, of Troy, NY, is one of my Mr. FAZIO. I thank the gentlewom­ The plan must meet financial solven­ constitutents. The unique feature of an from Ohio for yielding to me, and I cy standards as prescribed by OPM; this bill is that it will allow groups of sincerely appreciate the responsible The plan must be open only to bona employees to create new plans in the approach that the gentlewoman has fide members of the sponsoring em­ FEHBP that can be tailored to the taken to the enactment of this legisla­ ployee organization and their families; special needs and resources of those tion. and groups of participants, thus saving Mr. Speaker, bringing it to the floor The plan must be open only to both money for the Federal Government as today is the culmination of a great actively employed and retired mem­ well as the employees. deal of effort on behalf of many mem­ bers of the sponsoring organization. I therefore urge my colleagues to bers of the Federal Managers Associa­ Under existing law the annuity of a support this bill, and thank again the tion, which is well-represented in my disabled employee is terminated if the chairlady and members of the subcom­ district. individual is determined to be restored mittee for their support in this matter. I would like to pay particular tribute to earning capacity. Upon termination to Ms. OAKAR for the approach she of the annuity, health and life insur­ 0 1240 took, which was to slow down the hell­ ance benefits are terminated. An indi­ Ms. OAKAR. Mr. Speaker, with per­ bent-for-leather approach to enact­ vidual whose disability resumes is enti­ mission of my distinguished colleague, ment of this bill in order to consider it tled to have the annuity restored but the minority leader, I yield 1 minute in the context of all other Federal may not resume participation in the to the gentleman from California [Mr. health benefit programs. Government health and life insurance EDWARDS] to proceed out of order. I think the more deliberate ap­ programs. The substitute would CIA ACTION IS POSSIBLE VIOLATION OF proach, using the authorizing commit­ permit such an individual to resume EXECUTIVE ORDERS tee has certainly borne fruit in bring­ health and life insurance participa­ Mr. EDWARDS of California. Mr. ing to the floor a very thoroughly re­ tion. Speaker, it is with a great deal of con­ searched and well-documented piece of There are still many problems with cern that we read about not only the legislation. the Federal employee health plans CIA hiring mercenaries. to wage battle Mr. Speaker, I would simply like to that need to be addressed. This legisla­ in Nicaragua, but also apparently to express my personal appreciation to tion is not part of that overall effort. train a group of antiterrorists in Leba­ her and to lend my strongest possible That will be done in the context of a non, and one of the groups, apparently support to the enactment of this bill. larger piece of legislation which Ms. on its own, went out and bombed with Mr. Speaker, I would like to express OAKAR's subcommittee has under con­ a car bomb residences in Beirut and my personal appreciation to Congress­ sideration now. I very much support killed 80 people and injured 200 more. woman OAKAR for her cooperation in her efforts in this regard and will be The gentlewoman from Colorado moving forward on providing an op­ working with her on that legislation. [Mrs. SCHROEDER] and I have put into portunity for Federal employee orga­ For now, however, I commend her the hopper a resolution of inquiry. nizations who are not now eligible to for moving H.R. 873, and I urge my Certainly the House of Representa­ participate in the Federal Employees colleagues to suspend the rules and tives is entitled to know all of the facts Health Benefits Program [FEHBPl to pass this bill. about this very, very serious possible do so. Ms. OAKAR. I yield to the distin­ violation of several Executive orders As one of the original cosponsors of guished gentleman, another fine, and indeed perhaps a violation of law. H.R. 873 which was introduced by my major sponsor of the legislation, Con­ good friend and colleague Congress­ gressman STRATTON who, along with Mr. Speaker, I yield back the bal­ man NoRM DicKs, I have been particu­ other Members that I have mentioned, ance of my time. larly supportive of this effort. This did some very fine work on this legisla­ Mr. STRATTON. Mr. Speaker, will past fall, in hearings held by Ms. tion. the gentlewomen yield to me an addi­ OAKAR, chair of the Subcommittee on I yield to the gentleman from New tional minute? Compensation and Employee Benefits York as much time as he may con­ Ms. OAKAR. Mr. Speaker, we are on of the House Post Office and Civil sume. the health bill, but I will yield 1 Service Committee, I testified on Mr. STRATTON. Mr. Speaker, I am minute to the gentleman from New behalf of this legislation. delighted to rise today in support of York [Mr. STRATTON]. The Federal Managers Association is the bill H.R. 873, which will allow ad­ A TRAGIC SIMPLIFICATION one of the organizations that is par­ ditional Federal employee organiza­ Mr. STRATTON. Mr. Speaker, with ticularly interested in this legislation. tions to participate in the Federal Em­ regard to the remarks of the gentle­ As a Member who has two major FMA ployees Health Benefits Program. I man from California [Mr. EDwARDs] it chapters in my congressional district, want especially to thank my good was some time ago when we had our chapter 77 at McClellan AFB and friend, the chairlady of the subcom­ Marines very heavily engaged in Leba­ chapter 167 at Travis AFB, I have mittee, MARY ROSE 0AKAR, for her non that many Members of this body heard from my constituents about the support and attention to this matter. and many members of the general benefits of having a health plan par­ It has been a pleasure to work with public as well said, "Why don't we re­ ticularly suited to their needs. her as this legislation has moved taliate for the attacks that were made I believe that what Ms. OAKAR has through the legislative process. against us? Why don't we retaliate for accomplished with this bill is not only As a cosponsor of H.R. 873, and sup­ what happened to the Marine Corps providing an opportunity for organiza­ porter of this legislation in previous barracks and for these other attacks tions like FMA, but by incorporating years, I am glad to see it come to the on our installations and embassy?" her substitute, she has improved the floor of the House today. I am also in I am not privileged to be a member original legislation. total agreement with the changes of the Committee on Intelligence so I There will be a 90-day period, begin­ made by the subcommittee with re­ don't know the inside facts. But I ning the day of enactment during spect to the time limit for application think, clearly, from what has come out which organizations can submit a plan to OPM for new health benefits plans, in the press, what we were doing in to OPM for inclusion in FEHBP. Such and with regard to the requirements the instance the gentleman refers to plans must meet all requirements of that organizations must meet to apply was to provide just such a form of re­ existing law as well as: for a new plan. taliation. I feel sure most of the citi­ The plan must provide health bene­ This issue of special interest to me zens of the United States feel that we fits on a fee-for-service basis, an in- because the president of the Federal should have retaliated. To suggest May 13, 1985 CONGRESSIONAL RECORD-HOUSE 11659 that this is somehow OK for the Mos­ The plan must be open both to ac­ amendments added by the subcommit­ lems to blow up our Marines, but is im­ tively employed and retired members tee strengthen the legislation. They moral for us to retaliate seems to me of the sponsoring organization. ensure that it meets its stated purpose, to be a tragic simplification. Obviously Mr. Speaker, in a time when the pay and were developed in light of issues if this is what happened, no Govern­ and benefits of Federal employees are raised in hearings on this legislation ment official will advertise it in ad­ being challenged, I think it is impor­ last year. vance. tant to improve the morale of Federal This bill would provide a limited 90- Mr. WOLF. Mr. Speaker, I rise today workers. Here is an opportunity for us day period in which employee organi­ in support of H.R. 873 of which I am to provide a benefit, that is not an zations could apply to the Office of an original cosponsor. This legislation added expense, for our Federal manag­ Personnel Management to sponsor a enjoys bipartisan support and fills a ers. I urge my colleagues to support health care insurance plan under the need for an important group of Feder­ this measure. Federal Employees Health Benefits al employees; namely, our managers. I Mr. MYERS of Indiana. Mr. Speak­ Program. It would be the first such op­ would like to commend my colleague er, I have no further requests for time, portunity in 6 years. It would provide from Washington, Mr. DICKS, for in­ and I yield back the balance of my an opportunity for employee organiza­ troducing this bill and would also like time. tions to provide coverage that is tai­ to commend Mr. STRATTON and Mr. Ms. OAKAR. Mr. Speaker, I yield lored to the needs of their member­ myself such time as I may consume. ship, could encourage cost savings, and FAzio who joined me in cosponsoring Mr. Speaker, I was pleased to be able this measure. H.R. 873 will permit promote competition. to yield to my two colleagues to The bill before the House provides Federal employee organizations not engage in a discussion of other busi­ currently eligible, to participate in the protections to ensure that health care ness. I want to associate myself with plans submitted to OPM will be seri­ Federal Employees Health Benefits the remarks of the gentleman from Program. ous proposals with the necessary fi­ California, as long as I was able to nancial backing. Specifically the bill Since January 1, 1980, the FEHBP yield him some time. has restricted entry to health mainte­ requires that such plans meet all the I would also like to say, getting back requirements for existing employee or­ nance organizations, and new employ­ to the health bill that we are trying to ee organizations were barred. Passage ganization plans and also: get passed here, H.R. 873, that I do Provide health benefits on a fee-for­ of this important and noncontroversial not believe this is the last that we are measure, which is the culmination of service basis, an indemnity basis, or going to do in terms of health reform some combination of the two; several years of effort by one of the for our very fine outstanding Govern­ most highly regarded and responsible ment employees. I personally feel that Meet financial solvency standards as employee organizations, the Federal we do not offer the kinds of compre­ prescribed by OPM; Managers Association, will allow new hensive coverage that we ought to. I Be open only to bona fide members employee organizations to participate think that they have to pay too much, of the sponsoring employee organiza­ in the FEHBP. I believe it is important 40 percent or more, of their own tion and their families; and that we open the FEHBP to organiza­ health benefit, which in the last few Be open to employees, annuitants, tions, such as the Federal Managers years they have gotten about 50 per­ and former spouses. Association, which have grown and cent, they have paid more than 50 per­ The reason that I sponsored this leg­ now wish to participate. cent and have gotten 12 percent less islation along with 19 of my colleagues H.R. 873 provides a 90-day window to benefits. This is not the last of health was because I believe that one of the allow Federal employee organizations, bills that hopefully our committee will strengths of the FEHB Program is the not now providing health insurance pass. We are trying to have some hear­ competition it allows among health under FEHBP, to do so for their mem­ ings right now on another bill I have care plans and the ability it provides bers and retired members only and introduced, H.R. 156, and I am hoping to tailor coverage to individual needs. will therefore have little impact on that in the near future we can bring This limited 90-day period will allow current health plans. that bill to the floor which will cover organizations who have given this During the 90-day period, employee some of the gaps which are not cov­ question careful consideration over organizations may apply to the Office ered now. the last 6 years an opportunity to of Personnel Management [OPMJ to But I would like to thank my col­ offer such tailored coverage. The short sponsor a FEHBP plan. Employee or­ leagues for their support of this bill. time period and the criteria developed ganizations or associations which Mr. MYERS of Indiana. Mr. Speak­ by the committee will guard against apply during this period must be na­ er, will the gentlewoman yield? frivolous efforts. tional in scope and open only to em­ Ms. OAKAR. I yield to my friend, This legislation was initiated primar­ ployees, annuitants, and former the gentleman from Indiana. ily to provide an opportunity for the spouses. Mr. MYERS of Indiana. Mr. Speak­ Federal Manager's Association to offer Under the provisions of H.R. 873, er, the minority certainly agrees with a health care plan tailored to its par­ OPM may not approve or contract for the majority on this bill, but just so ticular needs and requirements. FMA a health benefit during this 90-day that there will not be any misunder­ was founded in 1913, and now has period unless the plan meets all of the standing, this Member does not agree 17,000 members in 175 chapters repre­ 1.• requirements for existing employees with what the gentleman from Cali­ senting most of the agencies and de­ organization plans under the FEHBP fornia had to say. So I do want it to be partments of the Federal Government. and the following additional require­ implied, since we did not respond, that It is clearly an accepted advocacy ments: we agree with his comments. group for the views and concerns of Ms. OAKAR. We did yield to him, management personnel. The organiza­ The plan must provide health bene­ and I think it is important to state our tion is growing at a healthy rate of fits on a fee-for-service basis, an in­ opinion about what he said. I happen 1,500 members a year. FMA has demnity basis, or some combination of to agree with him, and the gentleman worked on the development of a the two. from Indiana does not, and I have the health care plan for their members The plan must meet the financial greatest respect for my colleague from over the last 6 years. They plan to con­ solvency standard prescribed by OPM. Indiana. tract with a reputable private firm The plan must be open only to bona • Mr. DICKS. Mr. Speaker, as the with a strong record of providing fide members of the sponsoring em­ original sponsor of H.R. 873, I want to health care coverage if given the op­ ployee organization and their families; thank Chairwoman OAKAR for her portunity by this legislation. They and work on this legislation. I think the have indicated to me their desire to in-

- 11660 CONGRESSIONAL RECORD-HOUSE May 13, 1985 elude strong cost control mechanisms WASHINGTON SQUARE AT INDE­ Washington Square, which lies adja­ in their plan. PENDENCE NATIONAL HISTOR­ cent to Independence Hall, has a long The desire of FMA to tailor their ICAL PARK IN PHILADELPHIA and distinguished history that primar­ own plan stems from the unique demo­ Mr. VENTO. Mr. Speaker, I move to ily centers on the American Revolu­ graphic makeup of their organization, suspend the rules and pass the bill tion. Originally established as South­ somewhat older and in a higher gentleman yield? Mr. Speaker, I yield back the bal­ the rules were suspended and the bill Mr. COUGHLIN. I yield to the gen­ ance of my time. was passed. tleman from Minnesota. Mr. VENTO. Mr. Speaker, I yield A motion to reconsider was laid on Mr. VENTO. I thank the gentleman such time as he may consume to the the table. for yielding. gentleman from Ohio [Mr. SEIBER· Mr. Speaker, I want to commend the LING). gentleman for his support, and include Mr. SEIBERLING. I thank the gen­ EROSION CONTROL AT CUYA- him in terms of my remarks commend­ tleman for yielding to me. HOGA VALLEY NATIONAL ing him for his work on this bill. It is Mr. Speaker, I commend the gentle­ RECREATION AREA an important addition to the park. man from Minnesota for his initiative Mr. VENTO. Mr. Speaker, I move to Mr. COUGHLIN. I thank my col­ in moving this legislation again. A suspend the rules and pass the bill league. similar bill passed the last Congress, of the Act of December 27, 1974 one block area adjacent to the Inde­ olutionary War are buried there. Dead <88 Stat. 1784; 16 U.S.C. 460ff-3(c)) is pendence Hall site of the park, is his­ American soldiers. There is a small amended by inserting "(1)" after "(c)" and torically known as the burial grounds memorial there, but otherwise, there by adding the following at the end thereof: for over 2,000 unknown Revolutionary is no particular recognition, and it is "(2) The Secretary is authorized and di­ War dead. A memorial was erected on rected, in cooperation with the Secretary of right catty-cornered across the street Agriculture, the State of Ohio, and affected the site in 1957 to honor the unknown from Independence Hall. It does seem local governments, to undertake a program solders who fought in the war. like an oversight that it was not in­ of land treatment for the purpose of restor­ Mr. Speaker, identical legislation to cluded within the boundaries of the ing suitable vegetative cover to substantially H.R. 105 was approved by the House National Historic Park. eliminate erosion from all lands, public and last Congress. Once again, this legisla­ No one can go to the National His­ private, within the authorized boundaries of tion authorizes the National Park toric Park in Philadelphia without the recreation area. In the case of any pri­ Service to provide technical assistance being inspired. Not only by the histor­ vate lands, within such authorized bound­ to the city of Philadelphia through a aries such treatment may be undertaken ic events that have taken place there, only with the consent of the owner thereof cooperative agreement for the pur­ but by the tremendous job that the and shall be contingent upon assurances poses of preserving and interpreting National Park Service has done in re­ that such land treatment will be maintained Washington Square for park visitors. conditioning many of the buildings by the owner for a period of not less than Although the Congressional Budget and providing excellent interpretation. ten years. The Secretary shall, in conjunc­ Office has determined that enactment It does seem to me that even though tion with such program, take such actions of H.R. 105 would not result in any some of the historians of the Park as may be required to correct areas of eco­ significant costs to the Federal Gov­ Service did not feel that it qualified to logical degradation which create hazards to ernment, I do have some concerns that be on the National Register of Historic health and safety.". (b) Section 6 of such Act 06 U.S.C. the addition of Washington Square Sites, because there was no battle 460ff 5) is amended by adding the following may result in future Federal expendi­ there, merely 2,000 Revolutionary War at the end thereof: tures. According to the National Park heroes buried there in what was a pot­ "(c) There are hereby authorized to be ap­ Service , it would cost over $2 ter's field. propriated not more than $500,000 for fiscal million to bring this area up to NPS That "merely" is a pretty big thing year 1986, $1,000,000 for fiscal year 1987, standards, as well as approximately in my book. I think TOM FOGLIETTA, $1,500,000 for fiscal year 1988, and $160,000 per year to maintain the area. who was the author of this bill, and $1,750,000 for fiscal year 1989, to carry out While such work is not required under Congressman KosTMA YER, Congress­ the provisions of section 4(c)(2) of this Act. Any amounts authorized to be appropriated this bill, there may indeed come a time man CouGHLIN, and others from the for any fiscal year under this subsection when the city of Philadelphia requests Philadelphia area who supported it, which are not appropriated for that fiscal Federal funds in the future to assist should be commended for doing so. year shall remain available for appropria­ with the upkeep of the Washington This bill will cost the Federal Govern­ tion in succeeding fiscal years.". Square area. I believe that during ment virtually nothing. It will merely SEc. 2. No authority under this Act to these difficult financial times, we must give recognition to a sacred site that enter into contracts or to make payments 11662 CONGRESSIONAL RECORD-HOUSE May 13, 1985 shall be effective except to the extent and with an active and ongoing erosion that an erosion problem does exist and in such amounts as provided in advance in control program in place, they could appropriations Act. Any provision of this should be addressed. .. Act which authorizes the enactment of new cut Cleveland Harbor dredging by 30 H.R. 934 would · authorize Federal budget authoritr shall be effective only for percent at a savings of over $1 million appropriations of $4.75 million fiscal years beginning after September 30, per year in Federal dollars. through fiscal year 1989 for erosion 1985. Mr. Speaker, this legislation is neces­ control programs. Although I am con­ The SPEAKER pro tempore. Pursu­ sary. The geology of the area while in­ cerned about the expenditure of new ant to the rule, a second is not re­ teresting also is a problem. Over the Federal funds in view of the Federal quired on this motion. length of the Cuyahoga Recreation budget deficits our Nation is facing, The gentleman from Minnesota [Mr. Area, the water drops over 800 feet to H.R. 934 may be the best solution to VENTO] will be recognized for 20 min­ Lake Erie. It is important that the Na­ the problem. utes and the gentleman from Arizona tional Government meet the problem in a special manner. However, I would urge that all of [Mr. McCAIN] will be recognized for 20 the possible alternative solutions to minutes. The Park Service is doing their part; they have one of the few soil scientists the Cuyahoga erosion problem be The Chair recognizes the gentleman thoroughly examined and considered, from Minnesota [Mr. VENTO]. working in the National Park Service assigned to the Cuyahoga Recreation including the administration's propos­ GENERAL LEAVE Area. He is doing a good job, but with­ al to enter into an interagency agree­ Mr. VENTO. Mr. Speaker, I ask out adequate resources and without ment with the Department of Agricul­ unanimous consent that all Members the ability to actually deal with the ture to work with the private landown­ may have 5 legislative days in which to 8,000 acres of private land, I do not be­ ers to reclaim the eroding sites. revise and extend their remarks on lieve that these efforts will be success­ Mr. Speaker, I would like to express this pending measure. ful. my appreciation to my colleague, the The SPEAKER pro tempore. Is This legislation and the authority gentleman from Ohio [Mr. SEIBER­ there objection to the request of the that it grants, and the cooperative LING] who has literally devoted years gentleman form Minnesota? agreements that it anticipates from of dedicated efforts on behalf of the There was no objection. these private landowners, would put in people of the Cuyahoga Valley in Mr. VENTO. Mr. Speaker, I yield place the ability to deal with the pri­ order to solve this terrible erosion myself such time as I may consume. vate holdings with some assurance, of problem that has been plaguing them Mr. Speaker, H.R. 934 was intro­ success. Private land holders must for many, many years. duced by our colleague, JoHN SEIBER­ match the Government improvement In any event, I hope the Cuyahoga LING. The purpose of the legislation is with a 10-year commitment to keep up Valley erosion problem is addressed as to provide authority to the National the anti-erosion work that is actually soon as possible. Park Service to take needed actions to accomplished by virtue of the agree­ Mr. VENTO. Mr. Speaker, I certain­ reduce erosion on all lands within the ments and by virtue of the Federal boundary of the Cuyahoga Valley Na­ ly want to recognize the work of my dollars that would be spent under this colleague, the gentleman from Ohio tional Recreation Area. legislative authorization. The problem of erosion from lands [Mr, SEIBERLING] On the Cuyahoga within the Cuyahoga River drainage 0 1300 Recreation Area establishment, and, of course, the work that he has done basin and the resultant sediment that I would strongly urge my colleagues is deposited in Cleveland Harbor has in terms of bringing and working out a to support this as a bill that will save measure of good public policy with re­ been the focus of ongoing study. With money, that will reduce the dredging the U.S. Corps of Engineers spending gards to a resolution of that issue in cost and will, of course, preserve the this measure, H.R. 934. He has done about $4 million per year to dredge Cuyahoga Recreation Area character­ the sediment that collects in the an outstanding job. It is a serious istics which are so valuable in this problem. harbor, considerable effort has been urban setting and responsible for its expended to pinpoint sources of ero­ initial designation as a part of our Na­ At this time, Mr. Speaker, I yield sion. Studies have focused on the ero­ tional Park System. such time as he may consume to the sion of lands within the Cuyahoga Mr. Speaker, I reserve the balance of gentleman from Ohio [Mr. SEIBER­ Valley National Recreation Area as a my time. LING]. major source of the Cuyahoga River Mr. McCAIN. Mr. Speaker, I yield Mr. SEIBERLING. I thank the gen­ sedimentation problem. myself such time as I may consume. tleman for yielding time to me. Less than half of the 32,460 acres of Mr. Speaker, I rise to briefly com­ Mr. Speaker, I sponsored legislation land within the Cuyahoga Valley Na­ ment on H.R. 934. This legislation similar to H.R. 934 in the last Con­ tional Recreation Area is presently would authorize the National Park gress. I was grateful for the support it owned by the Federal Government. As Service [NPSl to enter into a coopera­ received when it was approved by the such, the ability of the National Park tive agreement with the U.S. Depart­ House, and for the support given by Service to deal with erosion problems ment of Agriculture, the State of Ohio the Interior Committee. Unfortunate­ on much of the land within the park's and the affected local governments to ly, the Senate was unable to complete boundary is extremely limited. The initiate a land treatment program to work on the legislation before ad­ National Park Service has already reduce erosion in the Cuyahoga Valley journment. Today, the need for action identified 34 sites encompassing 625 National Recreation Area [NRAl. on the erosion problem in the Cuya­ acres of land, both publicly and pri­ Since the establishment of the Cuya­ hoga Valley National Recreation Area vately owned, that need extensive rec­ hoga Valley NRA, soil erosion within and the sedimentation problem in lamation work. Last month, I visited its boundaries has been a major prob­ Cleveland Harbor continues. I am ex­ the Cuyahoga Valley National Recrea­ lem. Every year, large amounts of soil pecially grateful, today, to the distin­ tion Area and saw the erosion problem from former farmland is washed into guished chairman of the Subcommit­ firsthand. The legislation before us the Cuyahoga River and carried down­ tee on National Parks and Recreation today is a viable and necessary tool in stream to Cleveland Harbor, Clogging Mr. VENTO, for the great interest he stemming the active and accelerated federally maintained ship channels. has taken in the erosion and sedimen­ erosion that is occurring on park prop­ The erosion problem requires annual tation problems. Not only did he hold erty. dredging by the Corps of Engineers at early hearings on H.R. 934 this year, I would also like to point out that a cost of $4 million per year. Although but he also made a site visit to see this legislation can be a money saver. the amount of the sediment attributa­ firsthand the magnitude of the prob­ The Corps of Engineers estimates that ble to the NRA is disputed, it is clear lems in and along the Cuyahoga River.

, May 13, 1985 CONGRESSIONAL RECORD-HOUSE 11663 Mr. Speaker, it is clear that this leg­ COMMEMORATING THE 20TH have cosponsored the bill. This demon­ islation is needed: Three Federal agen­ ANNIVERSARY OF HEAD START strates once again the bipartisan popu­ cies-the Army Corps of Engineers, Mr. KILDEE. Mr. Speaker, I move larity of this program. the U.S. Geological Survey, and the to suspend the rules and agree to the Head Start provides comprehensive U.S. Forest Service-have studied the concurrent resolution

' 11664 CONGRESSIONAL RECORD-HOUSE May 13, 1985 With a fiscal year 1985 budget of have benefited from Head Start. Over commemorating the 20th anniversary $1.1 billion, Head Start is currently 25,000 of them are from New Orleans of Head Start on May 18, 1985. serving 442,100 children in 9,000 cen­ alone-my congressional district. • Mr. MILLER of California. Mr. ters nationwide. This year, more than 1,100 children Speaker, May 18 marks the 20th anni­ The program also serves nearly are participating in the New Orleans versary of the establishment of 60,000 children with handicaps. In ad­ Head Start Program-some of them Project Head Start. dition, 23 programs serve children of are third generation Head Start Chil­ Twenty years ago, the Head Start migrant workers, and 36 parent and dren! The director of the program, Program was created as part of this child centers focus on families with Pearlie Elloie, who has been with Nation's war on poverty. We knew children under the age of three. Head Start since its inception, says sig­ then, as we do today, that low-income Extensive studies have documented nificant numbers of first generation children who suffer from poor nutri­ the effectiveness of a preschool pro­ children came to Head Start with tion, inadequate health care and un­ gram. Head Start children score anemia, parasite infestation, and expo­ derstimulating environments are often higher on standardized tests; they per­ sure to tuberculosis. Third generation ill-equipped to learn when they start form better in school and are less children, whose mothers and grand­ school. Many fall behind, and far too likely to require special education. mothers were in Head Start, are far many never catch up. From the very Studies show that every $1 spent on healthier and have better diets. beginning, these children are denied Head Start saves $2.36 that would oth­ Studies also show, unequivocally, an equal chance of success in school erwise be spent on special education that Head Start children stay in and in life. and remedial services. school longer, have better job pros­ By fostering cognitive and emotional One of the more unique and most pects, are less involved in crime, and development, as well as sound physical successful aspects of Head Start is its have fewer pregnancies. In testimony health, Head Start has helped grant emphasis on parent involvement. The before the Select Committee on Chil­ an equal opportunity to over nine mil­ program reinforces parents' commit­ dren, Youth, and Families, Dr. David lion of this Nation's most disadvan­ ment to their children's well-being and Weikart, director of the High/Scope taged children. education. Head Start also enjoys Foundation, which evaluated quality, Head Start began in 1965 as a small, strong comunity support. preschool education, told committee 6-to-8 week summer program intended Please join me in commemorating members the return on investment to to serve 100,000 low-income children in the 20th anniversary of the Head society for each $1 spent on programs 300 counties. But because of the enor­ Start Program and reaffirming our such as Head Start is $4.7 4. mous need for the program, and be­ support for the program and its goals Head Start is more than a cost-effec­ cause school superintendents and com­ by supporting House Concurrent Reso­ tive program, it is an investment in munity leaders supported it so enthu­ lution 95. our Nation's future. siastically, it was quickly expanded to 0 1310 Mr. Speaker, I feel a personal exul­ serve 560,000 children in 2,300 commu­ Mr. KILDEE. Mr. Speaker, I yield tation at the commemoration of Head nities. In that first summer, 240 of the such time as she may consume to the Start's 20th anniversary. Twenty years 300 poorest counties developed Head gentlewoman from Louisiana [Mrs. ago, Lady Bird Johnson, who was the Start programs. BOGGS]. honorary chairman of the War on Today, Head Start is a comprehen­ Mrs. BOGGS. Mr. Speaker, I rise in Poverty, invited me to the White sive, year-round early childhood en­ support of House Conference Resolu­ House Conference on Head Start, and richment program serving 442,000 chil­ tion 95, commemorating the 20th an­ as I listened to all the experts, the dren. In California alone, nearly niversary of Head Start. educators, the pediatricians, the psy­ 33,000 children are served and in my Created on May 18, 1965, by Presi­ chologists, and so on, I wondered why congressional district, Contra Costa dent Lyndon B. Johnson, Head Start I had been invited by the First Lady to County, over 600 low-income preschool was a centerpiece of the war on pover­ come to this conference. It was only in children are helped every day toward a ty. But while many other early pover­ the question-and-answer period that brighter future through Head Start. ty programs have long since been ex­ followed the discussions that I discov­ The program has been particularly tinguished, Head Start has not only ered why I was there. People from all instrumental in providing equal oppor­ survived, but has expanded and devel­ sorts of organizations from through­ tunities to minority children and chil­ oped. It has thrived because it is ac­ out the country complained that they dren with special needs. Sixty-eight complishing what it set out to do. had written or phoned in to express percent of Head Start's enrollment In the early sixties, research estab­ their interest and concern and their consists of black, Hispanic, Asian, and lished that children who are mentally desire to help. As I was leaving the native American children. Over 55,000 malnourished during the first few conference, I was confronted by Dr. handicapped children are enrolled in years of life are seriously disadvan­ Jules Richmond and by Diana MacAr­ Head Start, and more than 25 percent taged. They face great difficulty thur and asked, "What did you get out of these children are multiply handi­ catching up in the classroom. Most of the conference?" capped. never do and face repeated failure in I said, "I got out of it that tomorow Much of Head Start's strength stems school and in their lives as adults. morning I have to go down and find from the extensive involvement of par­ Head Start was designed to prevent those letters and make certain they ents. For every four children involved this cycle of failure. It offers a com­ are answered." That is how I became in the program, at least three parents prehensive, quality preschool experi­ the National Voluntary Chairman of are providing voluntary service, includ­ ence for 3 and 4 year olds from poor the Head Start Program. We were able ing work on parent-policy committees families, and more recently, for chil­ to have the computer of the War on and in the classroom. Of the over dren who are handicapped. It involves Poverty give us the 300 neediest coun­ 80,000 persons employed in Head Start four components: education, health, ties in the United States, and in 6 programs, 29 percent are parents of social services, and a particularly key weeks' time, with volunteer help from current or former Head Start children. feature-parent involvement. Parent this city and from all over the country, Using any measure, Head Start has participation ensures continued inter­ we were able to establish Head Start been a success. Head Start children est in their child's educational centers in 267 of those counties. score better than comparable non­ progress throughout the school expe­ So, Mr. Speaker, it is with great love Head Start children on standardized rience. and pride and expectation that I urge achievement tests, and are less likely Since 1965, 9 million poor and handi­ my colleagues to vote in support of to fail a grade, dropout of school or re­ capped children, and their families, House Concurrent Resolution No. 95 quire special education. They are also May 13, 1985 CONGRESSIONAL RECORD-HOUSE 11665 more likely to be of normal height and tive program, and work toward its ex­ Statistics show that the Head Start . weight, with fewer absences from pansion.e Program is cost effective, both for in­ school due to illness. e Mr. FOWLER. Mr. Speaker, very dividuals as well as for society as a The greatest gains from Head Start few of us were here 20 years ago when whole. Head Start gives disadvantaged have come to those children most in the Head Start Program was begun, children a boost as they enter school need-those whose mothers have less but all of us have come to recognize its and prevents far more costly services than an 11th grade education and extraordinary success in providing later due to juvenile deliquency, illiter­ those who came to the program with services to meet the educational and acy or welfare dependency. Longitudi­ the lowest intelligence test scores. health needs of low-income children. nal studies have shown that children Head Start is also a very cost-effec­ The program has been in effect long who have participated in Head Start tive program. Results from the longi­ enough for us to clearly see the bene­ achieve higher grades in school and tudinal evaluation of the High/Scope fits of participation in Head Start. The are less likely to require special or re­ Perry Preschool Program, which were children from that first Head Start medial education. These same stu­ presented in testimony to the Select class in 1965 are now college gradu­ dents also graduate from high school Committee on Children, Youth, and ates, members of the work force, tax­ at a much higher rate and are more Families, show that for every $1 in­ paying citizens. And those who have likely to secure gainful employment vested in high quality early childhood come behind them-9 million in all­ later in life. Head Start participants education programs like Head Start, show signs of similar success due to also have lower arrest and pregnancy $4.75 is saved in lower special educa­ the exceptional preparation they re­ rates than their peers who have not tion costs, lower welfare and law en­ ceived before elementary school. had the advantages the Head Start forcement costs, and higher worker But it is not only the children who can provide. I believe continued sup­ productivity. have benefited. One of the hallmarks port for this program is vital to im­ Yet despite Head Start's proven suc­ of the Head Start Program has been prove the chances that our young cess, only about 20 percent of all eligi­ parental involvement-as board mem­ people will be adquately nurtured, ble, low income preschool children are bers, volunteer assistants and paid educated, trained and ready to face served. One thousand counties in this staff. This involvement has provided the challenges of the future. country have no Head Start Program. much needed boosts in self-esteem for Another sound investment of tax If we freeze Head Start's budget for the parents and has helped many of dollars is found in the variety of social fiscal year 1986 as the administration them become more self-sufficient. service programs authorized by the has proposed, 19,000 fewer children And beyond the children and the Older Americans Act. We have a moral will be served than are currently parents, society as a whole has bene­ responsibility to ensure the well-being served, and 19,000 fewer doors to op­ fited. These children have become-or of our older citizens. The services pro­ will in the future-our employees, our vided by the act are targeted to meet portunity will be opened. Nation's voters. Our Nation benefits Head Start's success is clear, but the the special needs of the elderly in the from their improved health-in terms areas of income, health, housing, em­ job is far from over. There are over 5 of increased productivity and de­ million children under 6 living in pov­ ployment, retirement, and community creased expenditures for health care­ services. erty today, 1 million more than just 5 and from their education-in terms of years ago. This fact alone testifies to their ability to hold down jobs and not For example, under the act senior the enormous need for Head Start to be dependent on public assistance. citizen centers are maintained for the continue and expand. It became clear I am delighted to join with my col­ care and companionship of the elderly; from the Select Committee's year-long leagues in celebrating the 20th anni­ nutrition and health assistance pro­ bipartisan National Initiative on Child versary of this highly successful and grams are made available; home-deliv­ Care, culminating in our report, "Fam­ cost-effective program. I hope we will ered meals and other vital services are ilies and Child Care: Improving the continue to celebrate many more Head provided to those elderly who are Options," that Congress should annu­ Start anniversaries in the years homebound; employment programs ally increase the numbers of children ahead.e for low-income older persons are pro­ served by Head Start. e Mr. HAWKINS. Mr. Speaker, I am vided in senior nutrition centers, chil­ We must remember, though, that in most pleased to rise, along with my dren's hospitals, State parks, libraries any future expansion of Head Start, it colleague on the Education and Labor and State and local community service agencies; in addition, the act author­ is vitally important that the full range Committee, Representative DALE izes training, research, and demonstra­ of Head Start services continue to be KILDEE, in support of House Concur­ provided. Much of Head Start's suc­ rent Resolution 95, commemorating tion programs in the field of aging, cess stems from the fact that in addi­ the 20th anniversary of the Head such as research on Alzheimer's dis­ tion to high quality early education, Start Program, and House Concurrent ease, legal services for older persons, the program offers extensive medical, Resolution 132, commemorating the home heating assistance, and other dental and mental health services, im­ 20th anniversary of the Older Ameri­ projects designed to improve the liveli­ munization services, and nutritious cans Act. Both of these human needs hood of the elderly · and give them meals as well as training and social programs are targeted at the most vul­ greater independence and dignity. service assistance for parents. Low­ nerable groups of people in our socie­ I urge my colleagues to vote favor­ income preschool children need the ty, the very young and the very old. ably on these two important resolu­ full Head Start package. Head Start is often looked upon as tions which acknowledge and reinforce In commemorating the 20th anniver­ the "crown jewel" of the Great Socie­ our commitment to the nurturing of sary of Head Start, we also commemo­ ty programs enacted during the John­ our young citizens and to the contin­ rate our decision, as a nation, to invest son administration in the 1960's. Head ued support for our senior citizens.e in our own future by investing in our Start has provided much-needed • Ms. SNOWE. Mr. Speaker, today children. As we now see the benefits of health, nutrition, educational and the House of Representatives gave of­ two decades of success in helping mil­ social services to hundreds of thou­ ficial recognition to one of this Na­ lions of low-income children achieve sands of our Nation's poorest children tion's most successful antipoverty pro­ their full potential, the wisdom of that over the last 20 years. Unfortunately, grams by passing a concurrent resolu­ decision is clear. current funding levels allow only tion commemorating the 20th anniver­ Head Start deserves the strong sup­ about 20 percent of the children eligi­ sary of Head Start. I believe that it is port of all of the Members of Con­ ble to participate in the program, leav­ most fitting for the House to pause gress. I urge my colleagues to reaffirm ing some 2 million youngsters without and reflect on the success of this pro­ our commitment to this proven effec- the benefits the program provides. gram and the impact it has had on dis- . 11666 CONGRESSIONAL RECORD-HOUSE May 13, 1985 advantaged young children over the preschool children since its creation. try, because of poorly considered past two decades. Today, more than 400,000 children are budget priorities. When originally conceived, Head enrolled in Head Start programs Twenty years ago, Lady Byrd John­ Start was to be an 8-week summer throughout the Nation. son, honorary chair of Project Head project for low-income preschool chil­ On the 15th anniversary of Head Start, speaking about these children dren. Since that time the program has Start, one report indicated that when of poverty, said: "There is no more im­ grown to become a comprehensive such factors as· reduced cost of special portant task in our communities than year-round program addressing the education and remedial services were for such children to hear a voice say, health, nutrition, social and education­ considered, Head Start's benefits out­ 'Come take my hand!'" I hope that al needs of children from some of the weighted its costs by 236 percent. The over the next 20 years we can still Nation's poorest families. Head Start students score higher on mathematics make that hand available to needy has also become a national leader and reading tests, and tend to show children and in an even more generous among preschool programs in the stronger achievment orientation than way than we have been able to do so mainstreaming of handicapped chil­ non-Head Start children. far.e dren. Mr. Speaker. on this 20th anniversa­ During the last 20 years over 9 mil­ e Mr. COLEMAN of Missouri. Mr. ry of Head Start, it is prudent to recall Speaker. in the past 20 years, over 9 lion children have benefited from the the words of President Johnson when Head Start Program. Studies have million children from low-income fam­ the program was established. "Five­ ilies have been given a chance to have shown that these Head Start children and six-year-old children are inheri­ are less likely to require remedial edu­ an equal opportunity at life, a chance tors of poverty's curse, and not its cre­ to begin at the same starting line as cation and are more likely to graduate ators," he said. "Unless we act, these from high school and find employ­ other children lucky to have been children will pass it on to the next born into families with a little more ment than their counterparts who did generation, like a family birthmark." not have the benefit of attending a money, stability, or time to properly And in paying tribute to Head Start care for their children. preschool program. Children enrolled volunteers, President Johnson said in Head Start also receive medical that "the bread that they cast upon This week marks the 20th anniversa­ screening and care more often than these waters will surely return many ry of the Federal program responsible disadvantaged children who are not thousandfold." for giving these disadvantaged chil­ enrolled in Head Start. dren the proper nutrition, education, Today Head Start is serving 430,000 Today, we commend these volun­ medical, and emotional support they children nationwide. In my home teers and this program for its benefits may have otherwise missed in their State of Maine 1,669 children are cur­ over the years. I'm proud to join my early years of development. That pro­ rently enrolled in federally funded colleagues in doing so.e gram is Project Head Start, a compre­ Head Start Programs in 13 agencies e Mr. BONKER. Mr. Speaker, 20 hensive developmental program that across the State. It is gratifying to years have passed since President gives preschool children from low­ know that Head Start will give these Johnson launched Project Head Start income families the "head start" they children an improved opportunity to as part of his war on poverty. Based on need in order to begin elementary grow up healthy, well-educated and so­ the theory that early childhood is the school at the same level of develop­ cially well adjusted.e most critical period of a child's educa­ ment as their peers from higher • Mr. CONTE. Mr. Speaker, as an tion and that young children growing income families or a more stable original sponsor of House Concurrent up in poverty would learn better if their basic emotional, medical, nutri­ homelife. Resolution 95, I rise in strong support Since the program's earliest days, it of the resolution. I want to thank my tional, and educational needs were met, Head Start was designed to pro­ has proven to be one of the most suc­ good friend Gus HAWKINS, the Chair­ cessful social programs to be adminis­ man of the Committee on Education vide that opportunity. Originally just a summer program serving over half a tered by the Federal Government. In­ and Labor, for agreeing to list me as stead of being left at home unattend­ an original sponsor of this bill. million children, it has grown in fund­ Mr. Speaker, House Concurrent Res­ ing from $96.4 million to almost $1.1 ed, children participating in Head olution 95 commemorates the twenti­ billion. Start are given the chance to go to eth anniversary of the Head Start Pro­ Despite rugged times in the past, preschool where they are taught to gram. On May 18, 1965, President Congress last year overwhelmingly read and learn to better interact with Johnson announced the establishment granted Head Start a 2 year reauthor­ other children under the supervision of the tremendously successful Head ization. Even this administration, of trained adults. The program guar­ Start Program, a preschool child de­ which has been openly critical of a antees these children well-balanced velopment program conceived not so number of social programs, has come meals as well as medical and dental much as a Federal effort, but as a to recognize the importance of Head treatment their families often are too neighborhood effort. Children of pov­ Start-which now serves 448,250 stu­ poor to afford. erty get a "head start" on their future dents, 90 percent of whom are below Studies have shown that these serv­ under the program by receiving pre­ the poverty line. Yet, there remain ices, provided at such an early and im­ school training to prepare them for over one thousand counties in the portant stage of development, have regular school in the fall. They get United States who do not participate improved the quality of life, health medical and dental attention that they in Head Start, primarily for reasons of and educational achievements or pov­ badly need and parents receive coun­ inadequate funding. erty-stricken children, over a period of seling on improving the home environ­ In my district of southwest Washing­ many years. ment. ton for example, an area with record According to one recent study, chil­ Head Start is clearly one of the most level unemployment and obvious need, dren who participated in Head Start successful, cost-effective and popular three of the most desperate counties preschool programs performed equal programs ever established by the Fed­ are without Head Start programs. to or better than their peers when eral Government. Today's resolution Start up funds for new programs are they began elementary school. There reaffirms Congress' commitment to simply inadequate. The opportunity to were notable improvements on the this outstanding program. What began make up for the disadvantages of childrens' standardized tests in read­ in the summer of 1965 as a 6-8 week background, fundamental to the idea ing, language, and math, and it was demonstration project was soon trans­ behind the Head Start Program, is shown that these children were more formed into a program which has being lost for those children and for likely to go on to vocational or aca­ served some nine million low income thousands of others around the coun- demic training after high school. May 13, 1985 CONGRESSIONAL RECORD-HOUSE 11667 A particularly important finding was Certainly in light of our huge Feder­ [Mrs. BoGGS] for her very moving tes­ that children who participated in al deficit, we need to reexamine all timony. Head Start were less likely to be mis­ federally funded programs and make Mr. Speaker, I have no further re­ classified as mentally retarded or in reductions in all parts of the budget. quests for time, and I yield back the need of special education, as is often We must be careful however, not to balance of my time. the case of other economically disad­ dismantle the many worthwhile pro­ The SPEAKER pro tempore. The vantaged children who do not receive grams that have consistently paid divi­ question is on the motion offered by such preschool education and social dends over the years. We should also the gentleman from Michigan [Mr. services. The study also found that the not shy away from new programs. KILDEE] that the House suspend the advantages gained by preschoolers Government can play a role in helping rules and agree to the concurrent reso­ continue into adulthood where they its citizens improve their quality of lution, House Concurrent Resolution are more likely to be employed by life. Head Start is a shining example 95. higher paying jobs with greater job of what government can do when it The question was taken; and

11668 CONGRESSIONAL RECORD-HOUSE May 13, 1985 Whereas the Administration on Aging, mitment to maintaining the independ­ meet the needs of older people in their created by the Act, has served as a purpose­ ence and dignity of older individuals. own communities. ful advocate for the concerns and needs of I have always believed that govern­ older individuals; These programs serve to maintain Whereas the Act has provided important ment's prime role is to promote, the independence and dignity of our funds for research, training, and demonstra­ defend, and enhance human dignity. senior citizens. The act is designed and tion programs to improve, expand, and en­ Meals on Wheels and other Older has been a critical element in helping hance services to older individuals; Americans Act programs certainly en­ to avoid unnecessary and premature Whereas the Act has provided important hance, promote, and defend human institutionalization for those elderly part-time community service employment dignity for they enable many people to who can receive services in their opportunities for low-income older individ­ remain in their homes rather than in homes and communities through a uals, many of whom work in providing serv­ convalescent or extended care facili­ ices to other older individuals; network of service providers. Whereas the Act has sought to address ties. In addition, these programs The Older Americans Act has en­ the special needs of older American Indians enable many others to be active con­ joyed bipartisan support of adminis­ through grants to Indian tribes; tributors to their communities. trations and Congresses since its in­ Whereas the programs and services pro­ The Older Americans Act has more ception. I urge my colleagues to join vided under the Act have been more success­ than lived up to its purpose of devel­ me in supporting House Concurrent ful because of the contributing role of vol­ oping new and improved programs to Resolution 132, to commemorate the unteers: help older persons. The aging network Whereas the Act has periodically been 20th anniversary of the Older Ameri­ amended by Congress in recognition of the created under the act provides a full cans Act and to reaffirm our support changing needs of our rapidly aging society; range of services and programs to for the act and for the people it serves. and meet the needs of older people in their e Mr. BIAGGI. Mr. Speaker, as the Whereas the Older Americans Act of 1965 own communities. In specific terms, in author of this resolution I urge its pas­ serves as a model for the development of 1985: sage by the House today. I regret that community-based services which provided More than 212 million meals will be alternatives to institutionalization of older served in senior centers and delivered the death of my dear friend and trust­ individuals: Now, therefore, be it to those homebound; ed adviser Anthony Petretti causes me Resolved by the House of Representatives More than 9 million older individ­ to be absent today. fthe Senate concurring), That the Con­ uals will receive home health visits, I wish to first thank the distin­ gress- guished chairman of the Subcommit­ <1) recognizes the 20th anniversary of the transportation, and other important enactment of the Older Americans Act of services; tee on Human Resources, Mr. KILDEE, 1965 and the successful implementation of And 62,500 title V workers will be for his invaluable assistance in gaining such Act; making important contributions in such expeditious consideration of this (2) acknowledges the many and varied children's hospitals, senior nutrition resolution. In addition, I wish to thank contributions by all levels of the aging net­ centers, State parks, libraries, and the chairman of the full Committee work and recognizes that the Act has on Education and Labor, Mr. HAw­ achieved its mandate to the extent that it other community sites. At the time President Johnson KINS, and the ranking minority has because of the day to day work per­ member, Mr. JEFFORDS, for their sup­ formed by the aging network; and signed the Older Americans Act into (3) reaffirms its support for the Older law, he stated the act "clearly affirms port of this resolution and their long­ Americans Act of 1965 and its primary goal our Nation's high sense of responsibil­ standing support of the program we of providing services to maintain the dignity ity toward the well-being of older citi­ salute with this resolution-the Older and promote the independence of older indi­ zens." Americans Act. viduals in the United States. This program has long enjoyed My resolution which I am proud to The SPEAKER pro tempore. Pursu­ strong, bipartisan support. I urge that say has been cosponsored by 132 of my ant to the rule, a second is not re­ we reaffirm that support on this 20th colleagues on a bipartisan basis ac­ quired on this motion. anniversary. knowledges a very important anniver­ The gentleman from Michigan [Mr. sary which occurs this year. I refer to KILDEE] will be recognized for 20 min­ 0 1320 the 20th anniversary of the Older utes and the gentleman from Wiscon­ Mr. Speaker, I reserve the balance of Americans Act and its various pro­ sin [Mr. PE'rRr] will be recognized for my time. grams and services. This resolution 20 minutes. Mr. PETRI. Mr. Speaker, I yield pays a special tribute to the so-called The Chair recognizes the gentleman myself such time as I may consume. aging network which is in fact the from Michigan [Mr. KILDEE]. Mr. Speaker, May has been designat­ motor which operates the Older Amer­ Mr. KILDEE. Mr. Speaker, I yield ed "Older Americans Month," and I icans Act at the Federal, State, and myself such time as I may consume. believe it is therefore fitting for us to local level. I will discuss their contri­ On behalf of the Committee on Edu­ commemorate the 20th anniversary of butions later in this statement. cation and Labor, I am pleased to the Older Americans Act, which is the The Older Americans Act born bring before the House for consider­ cornerstone of our national policy on during the Great Society of the 1960's ation today, House Concurrent Reso­ aging. The act embodies the key Fed­ has matured effectively in that decade lution 132, to commemorate the 20th eral programs serving the social and and into the next and continues to anniversary of the enactment of the nutritional needs of our Nation's el­ succeed in this time when we have ef­ Older Americans Act. This bill was in­ derly. fectively seen the "baby boom" re­ troduced by my colleague, Congress­ In just two decades, a network of nu­ placed by the "senior boom." Today man MARIO BIAGGI, together with 73 trition and social services has emerged we see the number of elderly in our original cosponsors. I understand a as a result of the Older Americans Act. Nation rising at a rapid rate to the number of additional Members have This network of services now touches extent that we now have more people since joined in supporting the meas­ the lives of senior citizens in nearly over 60 than under 10 for the first ure. every community in the Nation. time in our Nation's history. The pas­ House Concurrent Resolution 132 The Older Americans Act has been sage of the Older Americans Act in commemorates the 20th anniversary recognized as one of the most effective 1965 was the direct outgrowth of a rec­ of the enactment of the Older Ameri­ pieces of legislation to be developed by ommendation offered by the first cans Act of 1965, and acknowledges Congress. In the reauthorization of White House on Aging convened under the many contributions of workers, the act last year, I had the opportuni­ President Kennedy in 1961. Its pas­ both paid and volunteer, who have ty to review the full range of services sage signified the emergence of aging successfully implemented this act. The and programs which have evolved as a major national policy area and measure also reaffirms Congress' com- under the act and which continue to served to stimulate increased public in-

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May 13, 1985 CONGRESSIONAL RECORD-HOUSE 11669 terest and attention to the needs of The National Association of Retired Ms. Rose Dubroff, Executive Director, older Americans. It was established in Federal Employees, Meals on Wheels, Brookdale Center on Aging of Hunter Col­ response to what was identified at that the Gerontological Society of America, lege. time as a lack of community based the Senior Companion Program, Asso­ Ms. Janet S. Sainer, Commissioner, New It York City Department for the Aging. social services for older persons. was ciation for Gerontology in Higher Ms. Roberta R. Spohn, Deputy Commis­ determined then and reaffirmed Education, The· National Caucus and sioner, New York City Department for the through amendments through the Center on Black Aged, the National Aging. years that providing these social and Interfaith Coalition on Aging, The Honorable Margaret Heckler, Depart­ human services would keep a number NCCBA, NICA, AAHA, WGS, ment of Health and Human Services. of these seniors out of costly nursing NAOAVPD, the Older Women's Mr. Nelson H. Cruikshank. homes and within their community. League, ASFCS, RMDUAW, National Monsignor Charles Fahey, Third Age In fact if one were to identify the Council on Aging, ANPPM and NPI Center. Fordham University. key mission of the Older Americans ARCA, and many more leadership or­ Ms. Adelaide Attard, Department of Act it is to provide those elderly in the ganizations with whom I have been in Senior Citizens Affairs. greatest economic and social need with close and constant contact. Ms. Edna Russell. an array of human service programs Mr. Robert Robinson. As part of the 20th anniversary of Mr. Harry Walker. which will assist them in maintaining the enactment of the Older Americans Mr. Gerald Bloedow, Executive Director their dignity and independence within Act, the Subcommittee on Human of the Board on Aging. their homes and their communities. Services is preparing a report on the The Honorable Roman C. Pucinski. It has been my distinct pleasure and Older Americans Act. It will feature The Honorable Lister Hill. privilege to have been closely associat­ observations and statements from The Honorable Anthony J. Celebrezze, Jr., ed with the Older Americans Act those who have made singular and im­ Office of the Attorney General, State Cap­ throughout my 16 years in the House portant contributions to the act itol, Ohio. of Representatives. I have been on the The Honorable John W. Gardner. during its history. The Honorable Wilbur J. Cohen. Education and Labor Committee since These include: my election to Congress and this is the The Honorable Robert H. Finch, Fleming, Ms. Eleanor Cain, Director of the Division Anderson, McClung & Finch. committee of responsibility for the on Aging, Department of Health and Social The Honorable Elliot L. Richardson, Mil­ act. In that capacity I have been asso­ Services. bank, Tweed, Hadley & McCloy. ciated with eight of the nine series of Mr. Charles Reed, Director of the Bureau The Honorable Caspar W. Weinberger, amendments which have been offered of Aging and Adult Services, Department of Department of Defense. to improve the original act. I have Social and Health Services. The Honorable F. David Mathews, seen these amendments produce sub­ Mr. Daniel A. Quirk. Charles F. Kettering Foundation. stantive reforms in the programs Mr. Donald Riley. The Honorable Joseph A. Califano, Jr., which led to the establishment of the Ms. Katherine Morrison, Administration Califano, Ross & Heineman. congregate and home delivered meals on Aging. The Honorable John Brademas, New York Ms. Charlotte Frank, Administration on University. programs as well as the official estab­ Aging. The Honorable Ogden R. Reid, Ophir Hill. lishment of the aging network. Mr. Gene Handlesman, Deputy Assistant The Honorable Edward M. Kennedy. I have also been closely associated Secretary for Human Development Services. The Honorable Thomas F. Eagleton. with the Older Americans Act in an Mr. Charles Wells, Deputy Commissioner The Honorable Jeremiah Denton. oversight capacity by virtue of my on Aging, Administration on Aging. The Honorable Orrin G. Hatch. service on the House Select Commit­ Mr. Arthur Flemming. The Honorable Charles E. Grassley. tee on Aging. I am an original member Ms. Betty Brake, ACTION. The Honorable Ike Andrews. of this committee and since 1977 have Ms. Elizabeth B. Douglass, Executive Di­ Mr. William Moyer, President, National served as the chairman of the Subcom­ rector, Association for Gerontology in Association for Nutrition and Aging Services mittee on Human Resources which Higher Education . Programs. has among its area of jurisdiction the Mr. Cyril Brickfield, Chairman, Leader­ Ms. Shelley Berger, President, National ship Council of Aging Organizations, c/o Association of Meals Programs, Lutheran Older Americans Act. Social Service Society of West Pennsylva­ To appreciate the Older Americans American Association of Retired Persons. Mr. Wayne Moore, Director, Legal Coun­ nia. Act is to know people who work at its sel for the Elderly. Mr. Paul Sheppard, University of Mary­ programs as well as those seniors who Mr. Jonathon A. Weiss, Executive Direc­ land Center on Aging. receive its services. I have had the tor, Legal Services for the Elderly. Ms. Fran Butler, EMJ Consultants. good fortune to know many of both Mr. C.C. Clinkscales III, National Direc­ The Honorable Richard S. Schweiker, groups in my congressional career. I tor, National Alliance of Senior Citizens. American Council Life Insurance. have worked closely with State agen­ Mr. Samuel J. Simmons, President, Na­ In conclusion, Mr. Speaker, a vote cies on aging, area agencies on aging, tional Causcus and Center on Black Aged. for this resolution is likely to be a vote nutrition project directors, both con­ Mr. Jack Ossofsky, Executive Director, appreciated by a constituent, since gregate and home delivered as well as National Council on the Aging. practically every congressional district a myriad of other individuals who are Ms. Jacquelyne J. ·Jackson, Director, Na­ in the Nation has one or more compo­ vital in the aging network. Essential to tional Council on the Black Aging. nent of the aging network within it as Mr. William R. Hutton, Executive Direc­ the success of the Older Americans tor, National Council of Senior Citizens. well as part of the millions of seniors Act have been all of the aging organi­ Mr. Burton Fretz, Executive Director, Na­ who participate in programs under the zations which make up the leadership tional Senior Citizens Law Center. Older Americans Act. I urge favorable and backbone of the act itself. These Ms. Carmela G. Lacayo, Executive Direc­ consideration today .e include the National Association of tor, Association Naconal Pro Personas • Ms. SNOWE. Mr. Speaker, I rise in Area Agencies on Aging, the National Mayores. support of House Concurrent Resolu­ Association of State Units on Aging, Mr. John M. Cornman, Executive Direc­ tion 132 commemorating the 20th an­ the National Association of Nutrition tor, Gerontological Society of America. niversary of the enactment of the and Aging Services Programs and the Mr. Thomas Bergen, Executive Director, Older Americans Act. National Association of Meal Provid­ National Geriatrics Society. Twenty years ago, in a bold stroke, Mr. William D. Bechill, University of ers as well as the title V contractors: Maryland at Baltimore School of Social Congress recognized that the growth The National Council of Senior Citi­ Work and Community Planning. of the aging population would require zens, American Association of Retired Mr. John B. Martin. the establishment of a national policy. Persons, the Gray Panthers, The Re­ Mr. Robert C. Benedict, Pennsylvania As the number of older persons grew, tired Senior Volunteer Program, the Health Care Association. it was recognized that the limited re­ National Senior Citizens Law Center, Ms. Lennie-Marte Toliver. sources were not enough to provide for

' 11670 CONGRESSIONAL RECORD-HOUSE May 13, 1985 the needs of the vulnerable aged. Nor Currently, title III-B has grown as assistance. We must also remember were the elderly getting a proportional more title III-C moneys have been di­ that as the elderly population in­ amount when compared to other age verted to pay for the increased creases, the need for these services will groups. It was in this environment demand for social services. With the continue to grow as well. The U.S. that the Older Americans Act was first implementation of the diagnosis relat­ Census Bureau projects that the popu­ conceptualized. ed groups [DRG's] reimbursement lation age 65 and older will increase by Over the past two decades, the Older system, many persons being dis­ 100 percent between 1980 and the year Americans Act has become a focal charged into the community are sicker 2020, compared to an increase of only point for the development of a com­ and more vulnerable than has been 21 percent for the population under prehensive, coordinated system for true in the past. As never before, the age 65. service delivery to the elderly. It has need for an adequate system of social It is particularly appropriate that we enabled older persons to remain self­ services is becoming apparent. Home celebrate the 20th anniversary of the sufficient by providing services that health benefits are more in demand Older Americans Act during May, permit them to remain in the commu­ than ever as are the need for respite which has been designated as "Older nity and to function at a level consist­ and day care. Americans Month." Again, as chair­ ent with their ability. As we celebrate the 20th birthday of man of the Aging Committee, I wish What began as a few small service the Older Americans Act, it is clear to thank those in this body who grants and research projects has that we have before us the challenge through the years have supported the grown into a system which administers to continue to provide the same high Older Americans Act, its goals and ob­ social services in 57 States and terrori­ quality of services, to continue to pro­ jectives. I think that the Congress ties and in 660 localities. Appropria­ vide alternatives to institutionaliza­ should be proud of their efforts and tions have increased from around $6.5 tion, and to continue to assure that the success of this legislation on the million in fiscal year 1966 to over $1 our older citizens reap the value of the occasion of its 20th anniversary .e billion in 1985, all of which is designed contributions they have made to our e Mr. LIGHTFOOT. Mr. Speaker, as to meet the social services needs of society.e an original cosponsor of House Con­ older persons. e Mr. ROYBAL. Mr. Speaker, as current Resolution 132, and as a chairman of the Select Committee on member of the Select Committee on As the program has developed, so Aging, I would like to take this oppor­ has our understanding of the needs of Aging, I rise today in strong support of tunity to thank the members of this this resolution to commemorate the older persons. Special emphasis has Chamber, both past and present, who been placed on services which break 20th anniversary of the Older Ameri­ have been vigilant in their support of cans Act of 1965. This resolution will down barriers of all types, such as the Older Americans Act and the el­ transportation which assures adequate reaffirm our commitment to the well­ derly citizens of our great Nation; 1985 being of older Americans. access to services; legal services which marks the 20th anniversary of the pas­ provides older persons with a means of sage of the Older Americans Act. This The Older Americans Act has pro­ advocating for their rights; and in­ landmark legislation continues to be vided important social and human home services which enables the elder­ the primary source of social service de­ services to older individuals. It has im­ ly to remain in their home setting livery to millions of older Americans. proved the lives of older Americans in rather than being institutionalized. Over the last 20 years, the programs the areas of income, health, housing, As is the case with all responsive and services which have been estab­ employment, retirement, and commu­ programs, the Older Americans Act lished through this act have enhanced nity services. One of the most impor­ has changed as the needs of the elder­ the quality of life for seniors. These tant features of the act is the estab­ ly have changed. In November of 1983, programs have provided the basic sup­ lishment of an aging network which in a bill I introduced, priority was portive and nutritional services needed consists of State and area agencies on given to education grant proposals for by many older persons to help them aging, as well as congregate and home students who study the custodial or remain active and live independently delivered nutrition providers and skilled care of victims of Alzheimer's with dignity. other supportive services. disease. As a result of these provisions, Since the passage of the Older This network is providing more than there is a pool of trained personnel Americans Act, 672 area agencies on 9 million older Americans with a varie­ who will be available to work in set­ aging have been established through­ ty of supportive services. For example, tings such as home health agencies, out the country to help coordinate 212 million meals will be served during adult day care centers, senior centers, services to our Nation's senior citizens. this year. The title V Community Em­ nursing homes, and veterans' hospitals It is estimated that 9.3 million elderly ployment Program currently supports in the care of those who suffer from currently benefit from services such as 62,502 employment positions in chil­ this debilitating illness. in home and adult day care, and con­ dren's hospitals, senior nutrition cen­ There are also education and demon­ gregate and home delivered meals. ters, State parks, libraries, and State stration projects specifically with the These successful programs have and local governments. And the title victims of Alzheimer's disease and proven, time and time again, to be ef­ VI program assists 83 Indian tribal or­ their families in mind. These provide fective in preventing premature insti­ ganizations to better serve their older for respite and community based care tutionalization. However, it is my firm members. services which serve to reinforce the belief that there still is much work to With an ever increasing older popu­ roles of the State area agencies in pro­ be done. During this time of budget re­ lation, it will be even more important viding services to care-giving families. straint, I must emphasize that Older for us to analyze and acknowledge the In yet another change in 1984, the Americans Act programs have already needs of older Americans and to pro­ House Education and Labor Commit­ sustained their share of budget cuts. vide services and programs which will tee included a second bill that I intro­ Three main factors are placing an ensure their health and well-being. I duced. This bill increased authoriza­ increasing burden on limited Older believe that the Older Americans Act tion levels for title III-B supportive Americans Act dollars: First, the in­ has done an exceptional job at meet­ services and senior centers. These pro­ crease in early hospital discharges as­ ing many of these needs. This can be grams include the critical transporta­ sociated with the Medicare prospective shown by the strong bipartisan sup­ tion, in-home, and adult day care pro­ payment system; second, the increas­ port this act has received from my col­ grams. The purpose of these communi­ ing demand for supportive and long­ leagues over its 20-year history.e ty-based programs is to delay or pre­ term care services because of cutbacks e Mr. PEPPER. Mr. Speaker, I would vent institutionalization by providing in other programs, and third, the in­ like to take this oppo~tunity to speak alternatives. creasing number of persons who need in favor of House Concurrent Resolu- May 13, 1985 CONGRESSIONAL RECORD-HOUSE 11671 tion 132, to observe and formally rec­ to the elderly. The Community Em­ Roughly 1,000 senior citiznes in Lu­ ognize the 20th anniversary of the ployment Program supports 62,502 zerne County receive light housekeep­ Older Americans Act. employment positions in children's ing, bathing, and other homemaker This resolution, which was proposed hospitals, senior nutrition centers, services through programs funded in by my distinguished colleague, the State parks, libraries, and State and part by the Older Americans Act. An Honorable MARIO BIAGGI, salutes the local governments. additional 1,500 senior citizens have success the Older Americans Act has The Older Americans Act is perhaps minor, but important, home repairs enjoyed over the past two decades. most important because it recognizes and other chores performed each year The Older Americans Act, enacted the worth and benefit of our Nation's through Older Americans Act pro­ by the Congress in 1965, has proved to senior citizens. It sends them a mes­ grams. be one of this country's most effective sage that they will not be forgotten­ For those individuals who need more pieces of legislation. The act provides not those who have done so much to care than homemaker services can for a full range of services and pro­ make our Nation what it is today. provide, but who do not need to be in­ grams that fill the needs of older Mr. Speaker, as a strong supporter stitutionalized, the Older Americans people in their own communities­ of the Older Americans Act, I believe Act also helps to fund adult day care senior center and nutrition programs, that it is important for Congress to programs. The Luzerne County Area home-delivered means for the home­ both recognize its accomplishments Agency on Aging advises me that 30 to bound and employment opportunities and benefits, and to reaffirm our com­ 40 senior citizens in Luzerne County for low-income older individuals. In mitment to it. I urge my colleagues to are currently benefiting from these addition, the act finances research, support me in this recognition and re­ services. training, and demonstration programs affirmation.• Mr. Speaker, all too often we hear designed to develop better ways to e Mr. KANJORSKI. Mr. Speaker, I only about Government programs that meet the needs of the elderly. am proud to join my colleagues in the don't work. It is both fitting and ap­ The proposed resolution, it should House in passing House Concurrent propriate that we pay tribute to the be noted, also pays special tribute to Resolution 132, legislation commemo­ Older Americans Act, a program that the aging network established under rating the 20th anniversary of the" has worked, and worked well, for two the Older Americans Act-a compo­ Older Americans Act. decades. Everyone who has had a part nent which exists in each and every Since its passage in 1965 the Older in the creation of the Older Americans congressional district in the United Americans Act has helped millions of Act, and the delivery of its services, de­ States and has proved so important our Nation's senior citizens to live serves our heartfelt thanks and con­ through the years. their lives with honor and dignity. It gratulations.• The mission of the Older Americans has improved the quality of their lives Act is to provide those elderly in the through a wide variety of health, e Mr. MANTON. Mr. Speaker, I am greatest social and economic need with housing, nutrition, employment, and pleased to rise in favor of House Con­ an array of social and human services community service programs. These current Resolution 132, of which I am which will help them maintain their services are provided through a net­ an original cosponsor. House Concur­ independence and dignity. It has, for work of 57 State agencies and 662 area rent Resolution 132 recognizes the two decades, faithfully met that agencies. 20th anniversary of the enactment of charge. It is with great pleasure that I Perhaps the best known of the Older the Older Americans Act. endorse House Concurrent Resolution Americans Act programs are its nutri­ Since its enactment in 1965, the 132 saluting the 20th anniversary of tion programs like Meals on Wheels Older Americans Act has benefited the the Older Americans Act. I urge all my which will provide 212 million meals lives of millions of older Americans. colleagues committed to America's el­ this year to senior citizens at senior The act was established to maintain derly to do the same.e centers and through home delivery. the dignity and promote the independ­ • Mr. CONTE. Mr. Speaker, as a co­ These programs are instrumental in ence of older individuals in the United sponsor of House Concurrent Resolu­ allowing senior citizens to maintain States. For the past 20 years, the tion 132, I rise in strong support of their independent lives. In the long Older Americans Act has successfully this resolution. The resolution com­ run they save the taxpayer millions of achieved its important mandate. This memorates the 20th anniversary of dollars by allowing seniors to live out­ has been accomplished through the es­ the Older Americans Act. side more expensive facilities like tablishment of the "aging network," Mr. Speaker, on July 14, 1965, Presi­ nursing homes. In Luzerne County, consisting of State and area agencies dent Johnson signed the Older Ameri­ P A, some 350 senior citizens receive on aging, through the establishment cans Act into law, saying that the act home delivered meals every day of congregate nutrition sites across the "clearly affirms our Nation's high through a program funded in part by Nation, by providing important funds sense of responsibility toward the well­ the Older Americans Act. for research and training, and with being of older citizens." This act was The title V senior employment pro­ the involvement and hard work of designed specifically to address the grams will employ an estimated 62,500 dedicated volunteers. needs of older people. senior citizens around the Nation in I strongly urge my colleagues to sup­ Mr. Speaker, the Older Americans hospitals, nutrition centers, State port the resolution, which not only Act is the major vehicle for organiza­ parks, libraries, and other community commends the important ideals tion and delivery of services solely to service centers. In addition to provid­ behind the act, but also reaffirms con­ senior citizens, services tailored to ing income and a sense of self-worth to gressional support for these programs meet their special needs. Today, it is a the seniors who are employed through which benefit constituents in every program supporting 662 area agencies these programs, they also help to pro­ congressional district in the United on aging and 57 State agencies. The vide essential social services to other States. network provides a full range of serv­ senior citizens. Title V helps seniors to Finally, Mr. Speaker, I would like to ices to senior citizens: from senior cen­ aid each other. commend my dear friend and col­ ters, nutrition programs, and home-de­ Some 9 million senior citizens also league from New York [Mr. BIAGGI], livered meals to other services for the receive home health care visits for authoring this important bill. I homebound, and employment opportu­ through the Older Americans Act. have enjoyed working with him on nities for the elderly. Like the nutrition programs, the home this legislation and I look forward to It is estimated that this year, more health care program helps senior citi­ continuing our work to protect the in­ than 9 million older persons will be re­ zens maintain their independent lives. terests of our Nation's seniors. In addi­ ceiving a variety of supportive services. This program is particularly impor­ tion, I commend the gentleman from Over 212 million meals will be served tant in northeastern Pennsylvania. Michigan [Mr. KILDEE], for his excel-

. . .

11672 CONGRESSIONAL RECORD-HOUSE May 13, 1985 lent work in managing this legisla­ foresight to pass this legislation 20 There are some other aspects of this tion.• years ago and to those who have since fine program which I would like to • Mrs. LONG. Mr. Speaker, it is a implemented its far-reaching and im­ mention, mainly because they are pleasure for me to address the House portant provisions.e unique in their usefulness and re­ today, to voice my support for the e Mr. HAMMERSCHMIDT. Mr. sourcefulness. First, the provision per­ Older Americans Act, as the House Speaker, today we commemorate the mitting the Department of Agriculture commemorates the 20th anniversary 20th anniversary of the Older Ameri­ to contribute surplus commodities to of the act and Congress reaffirms its cans Act, the benchmark legislation the Title III Nutrition Program is commitment to maintaining the inde­ which has so successfully created pro­ both beneficial and cost effective; it pendence and dignity of older individ­ grams which assist older persons in allows these meal programs to serve uals. continuing to be full participating more people by expanding their food In representing a district in which members of our society. budget. Second, the Title III Home approximately 15 percent of the popu­ The passage of the Older Americans Delivered Meals Program, which pro­ lation is over 65, I know the impor­ Act [OAAl in 1965 indicated our coun­ vides one meal a day to persons con­ tance of the programs which come try's awareness of the special needs of a growing aging population, and af­ fined to their home, enables those per­ under the Older Americans Act. From sons to have a consistently nutritional a few small programs in the first year firmed our commitment to providing of implementation, the act now pro­ programs targeted specifically to meet diet and increased social interaction vides a full range of services and pro­ their special needs. Over the years, the than might otherwise be available to grams to meet the needs of older act has remained in step with the them. In many cases, the home deliv­ people in their own communities. Paid growing needs of the elderly; Congress ered meals allow persons to remain in and volunteer workers will serve more has voted, on seven separate occasions, the home and avoid costly institution­ than 212 million meals this year for to reauthorize it. Appropriations for alization. The Congregate Meals Pro­ senior centers and homebound individ­ the programs under the OAA have in­ gram is another program which has uals. More than 9 million older Ameri­ creased from $6.5 million in fiscal 1966 been highly successful. Meals are cans will benefit from home health to $1 billion during fiscal 1984. Almost served in group settings, such as senior visits, transportation, and other serv­ 10 million persons are now partici­ centers, schools, or churches, and ices. pants in OAA programs, either as pro­ qualifying older persons and their The Older Americans Act program viders or beneficiaries. Today, over 660 spouse may receive at least one meal has developed from a few small grants locally based Area Agencies on Aging per day, 5 days a week. This helps in 1966 to a program supporting 662 [AAA] have been established to co­ them to obtain needed nutrition while area agencies on aging and 57 State ordinate programs funded under the enjoying the company of other older agencies. Whether it be the senior OAA to help older persons get the persons. A wonderful part of this pro­ woman in Gonzales who receives lunch services they need to live independent­ gram is that those persons who can every day or the older man in Alexan­ ly in their community. Older persons pay for either all or part of their meal dria who is provided with home health can now receive a wide range of serv­ are allowed to do so, and then this visits, many people in Louisiana's ices, including information and refer­ money is used to increase the number Eighth Congressional District have ral, transportation, homemaker, home of meals served by the project. benefited from such an essential piece health, legal counseling, meals, resi­ I could go on and on describing the of legislation. dential repair, and others. various programs which OAA funds, Mr. Speaker, again, I am proud to In my State of Arkansas, where we but the message, I trust, is clear. The show my support for the Older Ameri­ have the second highest per capita OAA funds some of the most worth­ cans Act and I pledge to continue to number of older persons in the coun­ while, successful, and well-managed work to ensure the independence and try, and in my district, which is pre­ programs of any now supported by the dignity for our growing numbers of dominantly rural, the decentralized Government. In this time of fiscal re­ older Americans. As President John­ structure of the AAA's has served my straint, it is with pleasure that I look son stated in 1965 when he signed the constitutents well. The emphasis on at programs such as these that are Older Americans Act into law, "such local control over the program's imple­ working to make life better for an in­ an act clearly affirms our Nation's mentation creates a concerned and re­ valuable sector of our society, without high sense of responsibility toward the sponsive network of AAA's dedicated being a great burden to our budget. As well-being of older Americans. "e to serving a growing aging population, a ranking member of the Select Com­ e Mr. GROTBERG. Mr. Speaker, I whose needs they know and care mittee on Aging, I am especially proud rise in strong support and as a cospon­ about. to see that legislation which helps sor of House Concurrent Resolution The nursing home ombudsman pro­ older persons to live better quality 132, commending the 20th anniversary grams have been expanded to include lives is being commemorated today. I of the Older Americans Act. As one consumer information, investigation, am honored to have had the opportu­ who has been active in senior citizen and recommendations to State legisla­ nity to be involved, over the years, matters all of my life, I believe the tures. On any given occasion, I can call with many of the policies which have Congress should recognize the anni­ one of four AAA's serving my district contributed to making life better for versary of the signing of the 1965 and inquire about the quality of a older persons, and I look forward to Older Americans Act. For several nursing home, or the care of a patient working with my colleagues to ensure years before I came to the House, I there, and an ombudsman will go out that we continue to recognize, and ad­ served as a consultant for the Luther­ that day and report back on the situa­ dress, the needs of older persons.e an Social Services of Illinois and man­ tion. Or, if I receive a letter about an aged the Hotel Baker in my home­ elderly constituent who is unattended, Mr. PETRI. Mr. Speaker, I yield town, St. Charles, IL. The Hotel Baker or in need of assistance, I can call the back the balance of my time. had been converted into a senior resi­ local AAA director and they will have Mr. KILDEE. Mr. Speaker, I have no dency in 1971 and is owned and operat­ an AAA official go out to the home further requests for time, and I yield ed by the Lutheran Social Services. and tend to needs of that individual. I back the balance of my time. My experiences with the seniors there, can't say enough good things about The SPEAKER pro tempore. The throughout my State legislative dis­ the AAA staffs in my district. So, Mr. question is on the motion offered by trict and now in my congressional dis­ Speaker, the AAA's have been an inte­ the gentleman from Michigan [Mr. trict have been extremely rewarding. I gral facet of the OAA, and have served KILDEE] that the House suspend the take this opportunity to add my con­ as the eyes and ears from many Mem­ rules and agree to the concurrent reso­ gratulations to those who had the bers, including myself. lution, H. Con. Res. 132.

. ' May 13, 1985 CONGRESSIONAL RECORD-HOUSE 11673 The question was taken; and The corporation shall not claim con­ Mr. SAM B. HALL, JR. Mr. Speaker, ed and subject to the laws of such State or gressional approval or Federal Government I yield myself such time as I may con­ States. authority for any of its activities. sume. (f) The corporation shall retain and main­ OBJECTS AND PURPOSES OF CORPORATION tain its status as a corporation organized Mr. Speaker, the Army and Navy SEc. 3. The objects and purposes of the and incorporated under the laws of the Union of the United States of Amer­ corporation are those provided in its articles State of Ohio. ica, Inc. was founded in 1886 and in­ of incorporation and shall also be- LIABILITY corporated under the nonprofit laws ( a) to hold true allegiance to the Govern­ SEc. 9. The corporation shall be liable for of the State of Ohio in 1888. This or­ ment of the United States of America and ganization is a civic, fraternal and fidelity to its Constitution, laws, and institu­ the acts of its officers and agents when tions; acting within the scope of their authority. social organization which was estab­ to serve our Nation under God in BOOKS AND RECORDS; INSPECTION lished to promote patriotism. It is the peace as well as in war by fostering the SEc. 10. The corporation shall keep cor­ oldest veterans' organization of its ideals of faith and patriotism, loyalty, jus­ rect and complete books and records of ac­ type in the United States. tice, and liberty; by inculcating in the count and shall keep minutes of any pro­ Membership in the organization is hearts of young and old, through precept ceeding of the corporation involving any of not restricted to any specific form, and practice, the spirit of true Americanism; its members, the board of directors, or any date, branch, place, or nature of mili­ by participating in civic activities for the committee having authority under the tary service. It is comprised of ap­ good of our country and our community; board of directors. The corporation shall to unite in fraternal fellowship those keep at its principal office a record of the proximately 8,400 veterans in 10 who have served honorably and those who names and addresses of all members having States. are now serving honorably in the Armed the right to vote. All books and records of Members of the Army and Navy Forces of the United States of America; to such corporation may be inspected by any Union perform volunteer service for protect and advance their civic, social, and member having the right to vote, or by any veterans and their families, including economic welfare; to aid them in sickness agent or attorney of such member, for any charitable work at VA hospitals. They and distress; to assist in the burial and com­ proper purpose, at any reasonable time. also serve as burial escorts and cere­ memoration of their dead; and to provide Nothing in this section shall be construed to monial honor guards at funerals and help for their widows and orphans; and contravene any applicable State law. provide aid to families of deceased vet­ (d) to perpetuate the memory of patriotic AUDIT OF FINANCIAL TRANSACTIONS deeds performed by the defenders of our erans in adjusting to their loss. SEc. 11. The first section of the Act enti­ It is the recommendation of the Ju­ country. tled "An Act to provide for audit of ac­ SERVICE OF PROCESS counts of private corporations established diciary Committee that H.R. 897 be SEc. 4. With respect to service of process, under Federal law", approved August 30, passed by the House. the corporation shall comply with the laws 1964 (36 U.S.C. 1101) is amended by adding Mr. Speaker, I yield such time as he of the States in which it is incorporated and at the end thereof the following: may consume to the gentleman from 11674 CONGRESSIONAL RECORD-HOUSE May 13, 1985 Ohio [Mr. SEIBERLING], the sponsor of families of deceased veterans in ad­ 0 1330 this measure. justing to their loss. Mr. SAM B. HALL, JR. Mr. Speaker, Mr. SEIBERLING. Mr. Speaker, I The Army and Navy Union of the I have no further requests for time, thank the distinguished chairman, the United States of America has a long and I yield back the balance of my soon-to-be distinguished Federal and illustrious record of service to vet­ time. judge, the gentleman from Texas, for erans and their families. Forty-one re­ The SPEAKER pro tempore. The his support of this legislation and for cipients of the Congressional Medal of question is on the· motion offered by bringing it to the floor in this timely Honor, including Eddie Rickenbacker fashion. the gentleman from Texas [Mr. SAM and Gen. Douglas MacArthur, have B. HALL, JR.] that the House suspend Mr. Speaker, I rise in support of held membership in the organization. the rules and pass the bill, H.R. 897. H.R. 897, legislation I introduced to Other members include President Wil­ The question was taken; and To take gifts, legacies, and devices annual encampment. Garrisons meet to the gentlewoman from Ohio [Ms. which will further the corporate purposes. formally at least once a month. Garri­ 0AKAR]. (4) To adopt, alter, and amend a constitu­ son members elect their own officers Ms. OAKAR. Mr. Speaker, I want to tion and bylaws, not inconsistent with the and their own delegates to the Nation­ thank the chairman for yielding to laws of the United States or any State in me. which the corporation is to operate, for the al Encampment and the Department management of its property and the regula­ Encampment. Mr. Speaker, I want to rise in sup­ tion of its affairs. Members of the Army and Navy port of the bill and associate myself <5 > To change and collect membership Union work on a voluntary basis per­ with the remarks of my two col­ dues and subscription fees and to receive forming services of assistance to veter­ leagues. contributions or grants of money or proper­ ans and their families. Members serve We are proud that the organization ty to be used to carry out its purposes. as burial escorts and ceremonial honor (6) To establish, regulate, and maintain began in Ohio and I commend the offices for the conduct of the affairs of the guards at veterans' funerals. They per­ chairman for having the legislation corporation. form charitable work at Veterans' Ad­ brought to the floor. I hope we can (7) To promote the formation of auxilia­ ministration hospitals, and assist the pass it unanimously. ries, the membership requirements of which ' ·.

May 13, 1985 CONGRESSIONAL RECORD-HOUSE 11675 shall be determined according to the consti­ (b) LOANS OR ADVANCES.-The corporation Association", and such seals, emblems, and tution and the bylaws of the corporation. shall have no power to make loans or ad­ badges as the corporation may adopt. <8> To publish a magazine or other publi­ vances to any member, officer, director, or SEC. 17. TERMINATION. cations. employee of the corporation. If the corporation shall fail to comply (9) To adopt emblems and badges. (C) ISSUANCE OF STOCK OR PAYMENT OF <10> To do any and all lawful acts and DIVIDENDS.-The corporation shall have no with any of the restrictions or provisions of things necessary or desirable to carry out power to issue any shares of stock or to de­ this Act, the charter granted by this Act the objects and purposes of the corporation. clare or pay any dividends. shall expire. SEC. 3. OBJECTS AND PURPOSES OF CORPORATION. (d) NONPOLITICAL NATURE OF THE CORPORA­ The SPEAKER pro tempore. Pursu­ The objects and purposes of the corpora­ TION.-The corporation and its officers, em­ ant to the rule, a second is not re­ tion are those provided in its articles of in­ ployees, and agents acting as such shall quired on this motion. corporation and shall include the following: have no power to contribute to, support, or The gentleman from Texas [Mr. SAM <1 > To uphold and defend the Constitution otherwise participate in any political activi­ of the United States. ty or in any manner attempt to influence B. HALL, JR.l will be recognized for 20 <2> To collate, preserve, and encourage the legislation. minutes and the gentleman from Ohio study of historical episodes, chronicles, me­ (e) APPROVAL OF THE CONGRESS OR THE FED­ [Mr. KINDNESS] will be recognized for mentos, and events pertaining to "The Day ERAL GoVERNMENT.-The corporation shall 20 minutes. of Infamy, 7 December 1941", and in par­ have no power to claim congressional ap­ The Chair recognizes the gentleman ticular those memories and records of patri­ proval or Federal Government authority for from Texas [Mr. SAM B. HALL, JR.]. otic service performed by the heroic Pearl any of its activities. Mr. SAM B. HALL, JR. Mr. Speaker, Harbor survivors and nonsurvivors. SEC. 9. LIABILITY. <3> To shield from neglect the graves, past The corporation shall be liable for the I yield myself such time as I may con­ and future, of those who served at Pearl acts of its officers and agents when they sume. Harbor on such day. have acted within the scope of their author­ Mr. Speaker, the Pearl Harbor Sur­ <4) To stimulate communities and political ity. vivors Association is a nonprofit corpo­ subdivisions into taking more interest in the SEC. 10. BOOKS AND RECORDS; INSPECTION. ration which was organized in 1958. In affairs and future of the United States in The corporation shall keep correct and 1964, the association was incorporated order to keep our Nation alert. complete books and records of accounts and under the laws of Missouri. (5) To fight unceasingly for our national shall keep minutes of the any proceeding in­ security in order to protect the United volving any of its members, the board of di­ As the name of the organization sug­ States from enemies within and without our rectors, or any committee having authority gests, this organization was formed by borders. under the board of directors. The corpora­ a group of survivors of the attack on <6> To preserve the American way of life tion shall keep at its principal office a Pearl Harbor by the Japanese on De­ and to foster the spirit and practice of record of the names and addresses of all cember 7, 1941. Membership is open to Americanism. members having the right to vote in any anyone who, on that infamous date, <7> To instill love of country and flag and proceeding of the corporation. All books and was a member of the Armed Forces of to promote soundness of mind and body in records of the corporation may be inspected the youth of our Nation. the United States and who was sta­ by any member, or any agent or attorney of tioned on Pearl Harbor, the Island of SEC. 4. SERVICE OF PROCESS. such member, for any proper purpose, at With respect to service of process, the cor­ any reasonable time. Oahu, or offshore within 3 miles. The poration shall comply with the laws of the SEC. 11. AUDIT OF FINANCIAL TRANSACTIONS. association currently has about 9,700 State in which it is incorporated and those The first section of the Act entitled "An members. States in which it carries on its activities in Act to provide for audit of accounts of pri­ The Pearl Harbor Survivors Associa­ furtherance of its corporate purposes. vate corporations established under Federal tion is dedicated to the purpose of pro­ SEC. 5. ELIGIBILITY FOR MEMBERSHIP. law.", approved August 30, 1964 (78 Stat. moting and promulgating the obliga­ Eligibility for membership in the corpora­ 636; 36 U.S.C. 1101>, is amended by adding tions of citizenship and patriotism. tion and the rights and privileges of mem­ at the end thereof the following: They are active in preserving grave­ bers of the corporation shall be as provided "(69> Pearl Harbor Survivors Associa­ in the constitution and bylaws of the corpo­ tion.". sites of those who died in the Japanese ration, except that terms of membership SEC. 12. ANNUAL REPORT. attack on Pearl Harbor. They also and requirements for holding office within The corporation shall report annually to erect monuments and preserve histori­ the corporation shall not be discriminatory the Congress concerning the activities of cal mementos of that attack. on the basis of race, color, religion, or na­ the corporation during the preceding fiscal It is the recommendation of the Ju­ tional origin. year. Such annual report shall be submitted diciary Committee that H.R. 1042 be SEC. 6. BOARD OF DIRECTORS. at the same time as the report of the audit passed by the House. The composition of the board of directors of the corporation required pursuant to sec­ Mr. KINDNESS. Mr. Speaker, I of the corporation and the responsibilities tion 2 of the Act entitled "An Act to provide of such board shall be as provided in the ar­ for audit of accounts of private corporations yield myself such time as I may con­ ticles of incorporation of the corporation established under Federal law.", approved sume. and in conformity with the laws of the August 30, 1964 <78 Stat. 636; 36 U.S.C. I support and recommend adoption State in which it is incorporated. 1102). The report shall not be printed as a of this Federal charter as well. SEC. 7. OFFICERS OF CORPORATION. public document. One comment does appear to be in The positions of officers of the corpora­ SEC. 13. RESERVATION OF RIGHT TO AMEND OR order. In the granting of Federal char­ tion and the election of members to such REPEAL CHARTER. ters we have in recent years granted positions shall be as provided in the articles The right to alter, amend, or repeal this some charters to organizations which of incorporation of the corporation and in Act is expressly reserved to the Congress. are bound to have a limited existence. conformity with the laws of the State in SEC. 14. DEFINITION OF "STATE". which it is incorporated. For purposes of this Act, the term "State" This is one of those organizations. Be­ SEC. 8. RESTRICTIONS ON CORPORATE POWER. includes the District of Columbia, the Com­ cause of its membership being basical­ (a) DISTRIBUTION OF INCOME OR ASSETS TO monwealth of Puerto Rico, the Common­ ly those who were survivors of a par­ MEMBERS OR OFFICERS OF THE CORPORATION. wealth of the Northern Mariana Islands, ticular event in history there is no op­ -No part of the income or assets of the cor­ and the territories and possessions of the portunity for that membership to poration shall insure to any member, offi­ United States. expand and continue on a perpetual cer, or director of the corporation or be dis­ SEC. 15. TAX-EXEMPT STATUS. basis. tributed to any such person during the life The corporation shall maintain its status Whether such charters should be of the corporation or upon its dissolution or as an organization exempt from taxation as granted is open to some question as a final liquidation. Nothing in this subsection provided in the Internal Revenue Code of shall be construed to prevent the payment 1954. matter of policy for this House and of compensation to the officers of the cor­ SEC. 16. EXCLUSIVE USE OF CORPORATE NAME. the other body to decide. This is a poration for services rendered to the corpo­ The corporation and its regional districts worthy organization. Its purposes are ration or to prevent their reimbursement and local branches shall have the sole and good and sound. Its services to veter­ for actual necessary expenses in amounts exclusive right to use in carrying out its ans are very appropriate, and I sup­ approved by the board of directors. purposes the name "Pearl Harbor Survivors port the granting of the charter.

. J 11676 CONGRESSIONAL RECORD-HOUSE May 13, 1985 I think, however, we ought to be Mr. Speaker, today we have the op­ is incorporated and subject to the laws of looking a lot more closely at whether portunity to pay tribute to those such State or States. charters should be granted to organi­ Americans who survived the most dis­ OBJECTS AND PURPOSES OF CORPORATION zations that are bound to reduce in astrous surprise attack ever undertak­ SEc. 3. The objects and purposes of the size and at some point in time be inac­ en against America. But, just as impor­ corporation are those provided in its articles tive or become inactive, for all practi­ tantly, this legislation gives us the op­ of incorporation and, for the purpose of per­ cal purposes at any rate. portunity to pay homage to those who petuating the memories of the fathers of The question then is what do we do the Daughters of Union Veterans of the did not survive this event. Those who Civil War 1861-1865, their loyalty to the to clean up the record. Does the Con­ were killed-and those who were per­ Union, and their unselfish sacrifices for the gress then pass legislation to disestab­ manently disabled-were the true preservation of the same, shall include the lish the Federal charter with the emo­ heroes of this episode and are the ones following: tional approach that might be in­ we honor by passing this bill today. <1 > Encouraging the preservation of his­ volved in such cases, or do we wait Again, Mr. Speaker, I would urge all toric sites and the construction and preser­ until the organization no longer quali­ of my colleagues to support this legis­ vation of monuments commemorating any fies under State law as a valid corpora­ lation. It carries with it no cost to the aspect of the Civil War. tion, and then the Federal charter Treasury, but a tremendous amount of <2> Building and maintaining a Museum of Civil War History, admission to which shall automatically ceases to exist? significance to those who were there, be free and open to the public, in the city of Nonetheless, Mr. Speaker, we have those who lost loved ones there and Springfield, Illinois, as a repository of Civil granted charters of this nature to the those who remember the horror of War documents, artifacts, and cultural submarine veterans of World War II, that Sunday morning 44 years ago.e relics. for example, in the last Congress. I Mr. SAM B. HALL, JR. Mr. Speaker, (3) Maintaining a library in connection think this group is certainly worthy of I have no further requests for time, with the Civil War museum, admission to that same recognition and I would and I yield back the balance of my which shall be open to the public, contain­ only raise the policy question for con­ time. ing the official volumes of the War of the The SPEAKER pro tempore. The Rebellion Records, Civil War genealogical sideration further down the line with files, Adjutant General reports to the vari­ any subsequent opportunities that we question is on the motion offered by ous States, military and biographical have to consider it with organizations the gentleman from Texas [Mr. SAM records and accounts of the individual serv­ of a similar sort. B. HALL, JR.l that the House suspend ice of Union soldiers, sailors, and marines, • Mr. RUDD. Mr. Speaker, as a co­ the rules and pass the bill, H.R. 1042, diaries, letters, relics, and other records. sponsor of H.R. 1042, I rise in strong as amended. <4> Promulgating and teaching American support of granting a Federal charter The question was taken; and No part of the income or assets lands, and the territories and possessions of for his support of this measure which, of the corporation may inure to the benefit the United States. in fact, does afford the opportunity of any member, officer, or director of the TAX-EXEMPT STATUS for members of the organization to corporation or be distributed to any such in­ SEc. 15. The corporation shall maintain its provide comfort and services to veter­ dividual during the life of this charter. status as an organization exempt from tax­ Nothing in this subsection shall be con­ ans, regardless of their geographic ation as provided in the Internal Revenue origin. strued to prevent the payment of reasona­ Code of 1954. If the corporation fails to ble compensation to the officers of the· cor­ maintain such status, the charter granted As the gentleman from Texas has poration or reimbursement for actual and by this Act shall expire. pointed out, the organization now necessary expenses in amounts approved by TERMINATION known as the Daughters of the Union the board of directors. Veterans of the Civil War 1861-1865, (b) The corporation may not make any SEc. 16. If the corporation shall fail to loan to any officer, director, or employee of comply with any of the restrictions or provi­ Inc., is an organization that began its the corporation. sions of this Act, the charter granted by this life back in 1885. O> The corporation may not contribute Act shall expire. We have had ample opportunity to to, support, or otherwise participate in any The SPEAKER pro tempore. Pursu­ see the kind of services they provide political activity or attempt in any manner ant to the rule, a second is not re­ through their 34 departments orga­ to influence legislation. nized State by State. Each department <2 > No officer or director of the corpora­ quired on this motion. The gentleman from Texas [Mr. SAM consists of three or more tents or local tion, 3:cting as such officer or director, may organizations at the community level. commit any act prohibited under paragraph B. HALL, JR.l will be recognized for 20 0) of this subsection. minutes, and the gentleman from And through this network or organiza­ . (d) The corporation shall have no power Ohio [Mr. KINDNESS] will be recog­ tional elements the members of the to issue any shares of stock nor to declare or nized for 20 minutes. Daughters of the Union Veterans of pay any dividends. The Chair recognizes the gentleman the Civil War reach out to veterans all The corporation shall not claim con­ over this country. gressional approval or the authorization of from Texas [Mr. SAM B. HALL, JR.l. the Federal Government for any of its ac­ Mr. SAM B. HALL, JR. Mr. Speaker, 0 1340 tivities. I yield myself such time as I may con­ sume. Perhaps the most important service LIABILITY rendered by the organization is its sup­ SEc. 9. The corporation shall be liable for Mr. Speaker, the Daughters of the Union Veterans of the Civil War 1861- port for the U.S. veterans administra­ the acts of its officers and agents whenever tive volunteer service. such officers and agents have acted within 1865 is a nonprofit organization which the scope of their authority. was organized in Massillon, OH, on This charter might be differentiated May 30, 1885. It was incorporated as from the previous one, and I think it BOOKS AND RECORDS; INSPECTION may be in order to comment to that SEc. 10. The corporation shall keep cor­ the National Alliance for Daughters of rect and complete books and records of ac­ Veterans on December 12, 1885. In effect since we are talking about an or­ count and minutes of any proceeding of the 1944, the corporation changed its ganization based on history that is corporation involving any of its members, name to the Daughters of the Union more remote in point of time. the board of directors, or any committee Veterans of the Civil War 1861-65. However, the potential for the mem­ having authority under the board of direc­ bership of this organization to grow I • This organization is among the oldest tors. The corporation shall keep, at its prin­ veteran and patriotic societies in the rather than to shrink is what differen­ cipal office, a record of the names and ad­ tiates the two. dresses of all members having the right to country. vote in any proceeding of the corporation. Membership in this organization is The prior organization, Survivors of All books and records of such corporation open to women descendants of Union Pearl Harbor, of course, are a finite may be inspected by any member having soldiers, sailors, and marines who were group. The Daughters of Union Veter­ the right to vote in any corporation pro­ honorably discharged, killed, or miss­ ans of the Civil War, of course, in­ ceeding, or by any agent or attorney of such ing in action. Members must be at crease in number as the years go by, member, for any proper purpose at any rea­ least 8 years of age. This organization barring unforeseen circumstances. sonable time. Nothing in this section shall I would strongly urge the support be construed to contravene· any applicable has a membership of over 20,000. The objects of the organization are and passage of this measure granting a State law. charter which, again, contains all of AUDIT OF FINANCIAL TRANSACTIONS to promote this Nation's history and to perpetuate the memories of the the safeguards that are included in SEc. 11. The first section of the Act enti­ Federal charter provisions in recent tled "An Act to provide for audit of ac­ men who sacrificed their lives and counts of private corporations established well-being to preserve the Union. This years under the rules that are fol­ under Federal law", approved August 30, organization has built and maintains a lowed by the Subcommittee on Admin­ 1964 (36 U.S.C. 1101), is amended by adding museum and library in Springfield, IL, istrative Law of the Committee on the at the end thereof the following: which is dedicated to Civil War memo­ Judiciary. "(70) Daughters of Union Veterans of the rabilia. The organization has estab­ I think we can join in strongly sup­ Civil War 1861-1865.". lished scholarships at the State and porting this measure. ANNUAL REPORT national level to encourage education­ Mr. Speaker, I have no further re­ SEc. 12. The corporation shall report an­ al achievement in U.S. history. It also quests for time, and I yield back the nually to the Congress concerning the ac­ provides scholarships, awards, and balance of my time. tivities of the corporation during the pre­ gifts for young men and women who Mr. SAM B. HALL, JR. Mr. Speaker, ceding fiscal year. Such annual report shall be submitted at the same time as the report serve in the Nation's four military I have no further requests for time, of the audit required by section 11 of this academies. This organization has been and I yield back the balance of my Act. The report shall not be printed as a active in efforts to construct and pre­ time. public document. serve monuments which commemorate The SPEAKER pro tempore. The RESERVATION OF RIGHT TO AMEND OR REPEAL the Civil War. Members also serve as question is on the motion offered by CHARTER volunteers to help veterans in medical the gentleman from Texas [Mr. SAM SEc. 13. The right to alter, amend, or centers, homes, and other institutions. B. HALL, JR.l that the House suspend repeal this Act is expressly reserved to the It is the recommendation of the Ju­ the rules and pass the bill, H.R. 1806, Congress. diciary Committee that H.R. 1806 be as amended. DEFINITION OF "STATE" passed by the House. The question was taken; and

,- 11678 CONGRESSIONAL RECORD-HOUSE May 13, 1985 A motion to reconsider was laid on of this title, in such form as that panel shall single circuit must be selected to the table. prescribe. The judicial panel on multidis­ handle the appeal. trict litigation shall, by means of random se­ lection, designate one court of appeals, from Until 1958, each agency had the GENERAL LEAVE among the courts of appeals in which peti­ option of selecting which circuit would have venue when appeals of the agen­ Mr. SAM B. HALL, JR. Mr. Speaker, tions for review have been filed and received within the ten-day period specified in the cy's order were filed in more than one I ask unanimous consent that all first sentence of paragraph <1 >. in which the circuit. Since this appeared to result in Members may have 5 legislative days record is to be filed, and shall issue an order an unfair advantage for the agency, in which to revise and extend their re­ consolidating the petitions for review in title 28 was amended in 1958 to pro­ marks on the bill just passed. that court of appeals. The judicial panel on vide that the circuit of venue would be The SPEAKER pro tempore. Is multidistrict litigation shall, after providing the circuit where the appeal of an there objection to the request of the notice to the public and an opportunity for gentleman from Texas? the submission of comments, prescribe rules agency order was filed first. This first­ There was no objection. with respect to the consolidation of proceed­ to-file rule was intended to assure that ings under this paragraph. The agency, the agency had no special advantage board, commission, or officer concerned over the challenger. SELECTION OF THE COURT OF shall file the record in the court of appeals However, the 1958 amendment had APPEALS TO DECIDE MULTI­ designated pursuant to this paragraph. an unintended effect. Many lawyers PLE APPEALS "(4) Any court of appeals in which pro­ ceedings with respect to an order of an believed that a certain circuit would be Mr. SAM B. HALL, JR. Mr. Speaker, agency, board, commission, or officer have more sympathetic to their client's ar­ I move to suspend the rules and pass been instituted may, to the extent author­ guments than other circuits. Thus, the bill with respect to that order or by any spect to the same agency order. other court of appeals to which the proceed­ These races to the courthouse have The Clerk read as follows: ings are transferred. become highly sophisticated. Messen­ H.R. 439 "(5) All courts in which proceedings are gers are assigned to hover around Be it enacted by the Senate and House of instituted with respect to the same order, agency offices waiting for the exact Representatives of the United States of other than the court in which the record is moment an order is issued. Other mes­ America in Congress assembled, That sec­ filed pursuant to this subsection, shall sengers, armed with forms for filing tion 2112 of title 28, United States Code, transfer those proceedings to the court in the appeal, are stationed at the offices is amended by striking out the last three which the record is so filed. For the conven­ of the clerks of various circuits. The sentences and inserting in lieu thereof the ience of the parties in the interest of justice, following: "If proceedings are instituted in the court in which the record is filed may two are often connected with by open two or more courts of appeals with respect thereafter transfer all the proceedings with long-distance telephone lines or to the same order, the following shall apply: respect to that order to any other court of walkie-talkies so that the appeal will "(1) If within ten days after issuance of appeals.". be filed the instant the agency order is the order the agency, board, commission, or SEc. 2. The amendment made by the first issued. The result is that filings are officer concerned receives, from the persons section of this Act shall take effect one hun­ frequently made in various circuits instituting the proceedings, the petition for dred and eighty days after the date of the within minutes, or even seconds, of review with respect to proceedings in at enactment of this Act, except that the judi­ each other. least two courts of appeals, the agency. cial panel on multidistrict litigation may board, commission, or officer shall proceed issue rules pursuant to subsection <3> of Races to the courthouse have result­ in accordance with paragraph <3> of this section 2112 of title 28, United States Code, ed in unfortunate consequences for subsection. If within ten days after the issu­ as added by the first section of this Act, on the system of justice. Since they are ance of the order the agency, board, com­ or after such date of enactment. based on the theory that one court mission, or officer concerned receives, from The SPEAKER pro tempore. Pursu­ will interpret the law differently from the persons instituting the proceedings, the ant to the rule, a second is not re­ another court, these races detract petition for review with respect to proceed­ from the public's perception of the ings in only one court of appeals, the quired on this motion. agency, board, commission, or officer shall The gentleman from Texas [Mr. SAM Federal courts as impartial, consistent file the record in that court notwithstand­ B. HALL, JR.] will be recognized for 20 arbiters of justice. In addition, these ing the institution in any other court of ap­ minutes, and the gentleman from races produce no economic benefit, yet peals of proceedings for review of that Ohio [Mr. KINDNESS] Will be recog­ often cost private participants tens of order. In all other cases in which proceed­ nized for 20 minutes. thousands of dollars. Finally, once the ings have been instituted in two or more The Chair recognizes the gentleman race is complete, the parties-as well courts of appeals with respect to the same from Texas [Mr. SAM B. HALL, JR.]. as the Federal courts and agencies­ order. the agency. board, commission, or of­ must expend more resources on waste­ fleer concerned shall file the record in the Mr. SAM B. HALL JR. Mr. Speaker, court in which proceedings with respect to I yield myself such time as I may con­ ful litigation to determine who won the order were first instituted. sume. the race and thus which is the appro­ "<2> For purposes of paragraph <1> of this Mr. Speaker, the purpose of H.R. priate circuit for review. subsection, a copy of the petition or other 439 is to simplify the selection of the H.R. 439 remedies this situation by pleading which institutes proceedings in a proper court to handle the judicial removing the incentive to race to the court of appeals and which is stamped by appeal of an agency order in those courthouse. It does this by modifying the court with the date of filing shall consti­ the first-to-file rule so that when more tute the petition for review. Each agency, cases where petitions for review are board, commission, or officer, as the case filed in more than one court of ap­ than one appeal of an agency order is may be, shall designate by rule the office peals. filed, all petitions will stand on the and the officer who must receive petitions When a Federal agency issues an same footing in the determination of for review under paragraph <1>. order, two or more parties often file which circuit will handle the appeal, "(3) If an agency, board, commission, or judicial challenges to the validity of with one of the circuits selected at officer receives two or more petitions for that order. Because many statutes do random to do so. review of an order in accordance with the not specify a particular circuit as the The Judicial Panel on Multidistrict first sentence of paragraph <1 > of this sub­ section, .the agency, board, commission, or court to handle these challenges, Litigation will handle the random se­ officer shall, promptly after the expiration venue for the judicial challenge is lection from among those circuits in of the ten-day period specified in that sen­ proper in any of the Federal circuits in which petitions have been filed. A tence, so notify the judicial panel on multi­ which challenges are filed. If appeals party wishing to qualify for the district litigation authorized by section 1407 are filed in more than one circuit, a random selection procedure will have '

May 13, 1985 CONGRESSIONAL RECORD-HOUSE 11679 to meet two conditions. First, the Mr. Speaker, I urge the adoption of HALL, JR.l, my esteemed friend, my party will have to file an appeal of the H.R. 439. highly respected friend, will be leaving agency order within 10 days after issu­ Mr. KINDNESS. Mr. Speaker, I soon this House to assume a position ance of the order. Second, the party yield myself such time as I may con­ on the Federal bench in the U.S. Dis­ will also have to file a copy of the peti­ sume. trict Court for the Eastern District of tion for review with the agency within Mr. Speaker, from the annals of the Texas. the same 10-day period. history of that period of our Nation's I am somewhat reminded of the The random selection will include past, when the west was being settled, remark that was attributed, I believe, one entry for each circuit in which we can conjure up notions of the cav­ to Sam Houston upon the removal of proceedings are pending, rather than alry coming thundering across the Davey Crockett from Tennessee to one entry for each petitioner. After hills to the rescue of the settler's Texas when he said that by making the selection, the judicial panel will family as the cabin burns to the that move, Crockett greatly uplifted issue an order consolidating all peti­ ground. the intellectual climate of both States. tions for review in the selected circuit. But today we have the modern elec­ Perhaps that-we will let you think The judicial panel is required to estab­ tronic equivalent to that sort of scene about that for a moment, Mr. Speak­ lish rules to govern these selection in the races to the courthouses de­ er-the gentleman from Texas has procedures after providing the public scribed so aptly and ably by the gen­ graced us with his presence, he has with notice and an opportunity to tleman from Texas [Mr. SAM B. HALL, worked hard at his job, he has repre­ comment on such rules. JR.l. sented well the people of his part of The circuit in which the proceedings east Texas, he has before him a career are consolidated will take jurisdiction We have people, lawyers instead of cavalrymen, talking to each other by on the bench that I think will prove over all review proceedings dealing once again the great ability of this with the same order. This court will walkie-talkie and open long-distance telephone lines trying to save the Re­ gentleman to serve the public and retain its existing power to transfer serve the public well. proceedings for the convenience of the public from this order issued by an agency seconds before. We shall miss him very much in the parties in the interest of justice. H.R. Committee on the Judiciary, and in 439 does not change current standards Perhaps it was more appropriate to have the cavalry save the settlers in the House of Representatives, and cer­ for transfer. Moreover, does not cover tainly on the Administrative Law Sub­ cases were venue is specified by stat­ the old days of the West. It is certain­ ly not appropriate to have the kind of committee which he chaired in these ute to lie in one particular circuit or last two Congresses. cases which are filed in the district race to the courthouse that we see oc­ courts. curring every now and then as agency I wish our respected colleague the During the period before the orders are issued and the lawyers very, very best as he assumes a new random selection, any court of appeals scramble to see who can be first in the position in public service, and hope in which a proceeding has been filed court. that the opportunity will be there to may stay the effective date of the 0 1350 visit, whether it be in Washington, in agency order. Any such stays may Texas, or anyplace else on the face of Surely it is not always to save the the globe, from time to time. The gen­ thereafter be modified, revoked, or ex­ Republic. Sometimes it is to save or at­ tended by the selected court in which tleman will indeed be missed. tempt to save those who are going to Mr. Speaker, I have no further re­ the proceedings are consolidated. H.R. be affected by the agency order, of 439 does not alter the current stand­ quests for time, and I yield back the course, and that is not always the balance of my time. ards by which courts determine public at large. whether to grant a stay. Mr. SAM B. HALL, JR. Mr. Speaker, The amount of resources that are I would not be at all proper if I did not No random selection will be required devoted to such races to the court­ if a second proceeding is commenced thank TOM KINDNESS for the tremen­ house seem outlandish at times. In the dOUS work that we have done on this more than 10 days after issuance of overall context of things, it may not the agency order or if all proceedings committee. It has been a bipartisan be the most important sort of thing effort from the inception until today. are filed later than ten days after the that goes on ino our society from day issuance of the order. In these cases, In my opinion, TOM KINDNESS is­ to day, but it is one more thing that and I was going to say this anyway-is the first-to-file rule will continue in tends to detract from the dignity and effect since no real race to the court­ one of the outstanding Members of respect accorded to our judicial the U.S. House of Representatives. I house is involved. system, and indeed the administrative In the 98th Congress, the House know when I came here 9 years ago I passed a measure identical to H.R. 439 workings of our Government as well. met him at that time, when I became a

l I ,- ,. 11680 CONGRESSIONAL RECORD-HOUSE May 13, 1985 spiration to me in the guidance that will be useful to my colleagues as they while contracting with and paying an HMO he has given over the last several give consideration to this most innova­ at a discount rate, such as 95 percent of the years. Janet Potts, there is no way I tive and necessary legislation, I in­ AAPCC or less. That is, if the Medicare pro­ can thank her for the many, many clude Mr. Prussin's paper entitled gram pays an HMO at 95 percent of the fine things she has done for me on "Freedom-of-Choice HMO's at Risk: A AAPCC, and if the HMO enrolls individuals this committee. Jennifer Ihlo, from New Alternative for Medicare" in its who are, on the average, in better health or Center, TX, who is a new member of lower utilizers conducted a series of prepaid in the HMO. HCFA's evaluation of the tra­ counsel, who has worked very closely Medicare demonstration programs through­ ditional HMO Medicare demonstrations will with me as well as his mentor there, out the country under which health mainte­ address the selection bias issue, and a defini­ TOM KINDNESS, and all of US together nance organizations and similar or­ tive answer on this subject, beyond the find­ have been a great team, I think. I like ganizations were paid by HCFA at the rate ings from the early demonstrations, 1 is an­ to believe that, anyway, and I hope of 95 percent of the adjusted average per ticipated. that whoever in the future aspires to capita cost and the Kaiser-Perman­ cent of the AAPCC. The ACR was included ente Medical Care Program, Portland, Oregon>. FOR MEDICARE under TEFRA as a mechanism for limiting The study found that enrollees in the Fallon and The SPEAKER pro tempore. Under the organization's profit or surplus levels Kaiser plans had 20 percent lower Medicare reim­ a previous order of the House, the gen­ generated by Medicare enrollees, propor­ bursements than their respective comparison tleman from Florida [Mr. PEPPER] is tionally, to the profit or surplus levels expe­ groups in the four years prior to enrollment. There rienced by that organization for non-Medi­ was not a statistically significant difference in pre­ recognized for 5 minutes. care enrollees. enrollment total Medicare reimbursements between e Mr. PEPPER. Mr. Speaker, I am the enrollee and comparison groups for the Marsh­ pleased to submit, for the attention of OPERATIONAL ISSUES field plan. See:· Paul W. Eggers and Ronald Pri­ The HMO demonstration programs raised hoda, "Pre-Enrollment Reimbursement Patterns of my colleagues, the following concept several issues that also may prove to be rele­ Medicare Beneficiaries Enrolled in 'At-Risk' paper prepared by Mr. Jeffrey A. Prus­ vant to TEFRA as implementation of HMOs," Health Care Financing Review, September sin, senior vice president of Govern­ 1982, volume 4, NO. 1, pp. 55-73. Eggers also stud­ TEFRA progresses, including the following: ied Medicare beneficiaries enrolled in the Group ment programs and plan development Cost Increases-Although HCFA pays Health Cooperative of Puget Sound under a risk contract. The study found that Inc., in Miami, FL, regarding H.R. AAPCC or less, the Medicare program actu­ beneficiaries who enrolled during an open enroll­ ally may experience cost increases for HMO ment period had a reimbursement rate for inpa­ 2285, legislation I introduced several tient services that was 47 percent below the com­ days ago providing for "freedom-of­ risk-basis enrollees due to favorable selec­ tion bias. parison group. Enrolled beneficiaries also appeared choice health maintenance organiza­ to have a lower utilization rate for Part B services. Selection Bias-Favorable selection bias See: Paul Eggers, "Risk Differential Between Medi­ tion demonstrations.'' occurs when individuals with lower health care Beneficiaries Enrolled and Not Enrolled in an Mr. Prussin's paper provides a clear costs enroll in an HMO. In this event, the HMO," Health Care Financing Review, Winter explanation of H.R. 2285 which I hope Medicare program could lose money, even 1980, volume 1, No. 3, pp. 91-99. May 13, 1985 CONGRESSIONAL RECORD-HOUSE 11681

PROGRAM IMPROVEMENTS permitted to switch back and forth, at any INTER-HMO TRANSFERS The freedom-of-choice HMO at risk dem­ time, between using services provided direct­ In areas in which more than one HMO onstration program is.designed to: ly through the HMO and using non-HMO participates in a freedom-of-choice demon­ Save money for the Medicare program services without referral or authorization by stration, some enrollees may have prefer­ and control costs by placing large numbers the HMO. Again, however, the HMO will re­ ences regarding the specific HMOs in which of Medicare beneficiaries in specified geo­ ceive payment at the rate of 95 percent of graphic areas in an at risk, capitation pay­ the AAPCC from HCFA and will maintain they wish to be enrolled based upon factors ment system. In addition, to the extent that full financial responsibility for paying such as the HMOs' benefits packages, rep­ freedom-of-choice demonstration HMOs claims for Medicare covered services that utations, and provider locations. Therefore, provide benefits such as prescription drugs are not provided directly through the HMO. it will be necessary to permit Medicare that would otherwise be covered by Medic­ Moreover, individuals using services not pro­ beneficiaries assigned to a particular HMO aid, savings also will be realized by the Med­ vided directly through the HMO will contin­ to request reassignment to another HMO. icaid program for demonstration enrollees ue to be responsible for the Medicare de­ However, the incidence of requests for reas­ with both Medicare and Medicaid coverage. ductible and coinsurance amounts, will con­ signment should be very low and, therefore, Eliminate selection bias in HMO enroll­ tinue to be subject to all Medicare limits on should not create administrative problems ment of Medicare beneficiaries. services, including the limits on the number or affect selection bias one way or the other. Reduce substantially the need for over­ of acute care hospital and skilled nursing fa­ FINANCIAL CONSIDERATIONS sight and regulation by HCFA and other cility days, and will not receive any of the State and Federal regulatory agencies, and added benefits offered by the HMO to bene­ The freedom-of-choice HMO at risk dem­ eliminate the need for enrollment mix re­ ficiaries receiving their services directly onstration program will be financially at­ quirements such as the 50/50 rule under through the HMO. tractive to HMOs primarily for two reasons: TEFRA. This rule requires the HMO to CLAIMS PAYMENT/ ADMINISTRATION Claims Review-Currently, the Medicare enroll one non-Medicare or Medicaid intermediaries and carriers are not at risk; member for every Medicare or Medicaid Each freedom-of-choice HMO demonstra­ they merely serve as conduits for HCFA member. tion will have the option of fulfilling the Medicare intermediary and carrier functions funds. Therefore, they have little, if any, in­ Simplify the enrollment process for Medi­ centive to implement effective claims review care beneficiaries and HMOs. itself with respect to its enrollees or of using the existing intermediaries and carriers to processes. The freedom-of-choice HMO Eliminate the restrictive HMO "lock in" demonstrations, on the other hand, will be provisions that have hindered the attrac­ make payments for services rendered by non-HMO providers without referral or au­ at financial risk to pay for Medicare covered tiveness of HMOs to potential enrollees and, services rendered to enrolled beneficiaries hence, the growth of HMOs. thorization by the HMO. In the event that the HMO uses extant intermediaries and by non-HMO providers without referral or RETENTION OF ALL OPTIONS BY MEDICARE carriers, the HMO will maintain final au­ authorization by the HMO. Therefore, the BENEFICIARIES thority for claims review, including determi­ HMOs will have a strong incentive to imple­ The key feature of the freedom-of-choice nation of the medical necessity of services, ment stringent claims review programs. HMO at risk concept, in addition to elimina­ whether services are covered under Medi­ Nonetheless, because all regular Medicare tion of selection bias, is preservation of all care, and whether claims should be paid. appeals processes for denied claims will be current options, as well as addition of new (Of course, the regular Medicare appeals available to affected beneficiaries and pro­ options, for enrolled Medicare beneficiaries. process for denied claims still will be avail­ viders, inappropriate claims denials by dem­ Specifically, beneficiaries enrolled in the able to adversely affected beneficiaries and onstration HMOs will be limited. freedom-of-choice HMO demonstrations will providers.> Utilization of HMO Services-Freedom-of­ retain the right to receive their health serv­ Once the HMO determines that a claim choice HMOs will be in an advantageous po­ ices through any qualified Medicare provid­ should be paid, the intermediary or carrier, sition to capture the utilization of enrolled er, without referral or authorization by the if the HMO uses extant intermediaries and HMO, exactly as they do at the present beneficiaries, because: carriers, will determine the Medicare allow­ Medicare beneficiaries generally suffer fi­ time. However: able amount and make the appropriate pay­ HMOs, which will be paid by HCFA at the nancial problems, and, therefore, are in ment. Again, however, the funds needed to need, often dire need, of methods for reduc­ rate of 95 percent of the AAPCC, will be at pay claims for Medicare covered services not risk financially to pay the same amount as ing their expenses. To the extent that cost provided directly through the HMO will be savings are important to beneficiaries, they Medicare would pay for Medicare covered the responsibility of the HMO. services not provided directly through the will have particularly strong incentives to HMO. RANDOM ASSIGNMENT BY HCFA use services provided directly through free­ Beneficiaries using Medicare covered serv­ Large numbers of, if not all, Medicare dom-of-choice HMOs. Each time an enrolled ices not provided directly through the HMO beneficiaries residing in areas in which beneficiary requires a health service, the will continue to be responsible for Medicare there are freedom-of-choice HMO demon­ beneficiary will have to decide whether to deductible and coinsurance amounts and strations will be assigned randomly to the use the free services and extra benefits pro­ will continue to be subject to all Medicare HMOs participating in the demonstrations, vided directly through the HMO or services limits on services. up to the service delivery capacities of the rendered by non-HMO providers, in which After HCFA assigns financial risk for participating HMOs. A copy and summary of all litigation ment of Labor indicating there will be no 4. The Subcommittee shall entertain con­ relating to the beneficiary's case. displacement of U.S. Labor. sideration of a request for a departmental The information above represents the In the past several years, the Subcommit· report upon receipt of a letter from the minimum requirements for Subcommittee tee has experienced a deluge of bills intro­ author of the bill. In the case of benefici­ consideration. Pertinent data about the case duced on behalf of foreign medical gradu­ aries who are in the United States, includ­ and an explanation of the extreme hardship ates. The legislative history relating to this ing those in parole status or asylee status, a to the beneficiary or U.S. citizen must also group indicates many doctors enter the determination on the request shall be sub­ accompany a request for processing of the United States as non-immigrants with the ject to debate at a ·formal meeting of the private bill. clear intention of remaining permanently. Subcommittee and only those cases de­ 11. Action on legislation shall not be de­ Legislation enacted in 1976 and 1977 sought signed to prevent extreme hardship to the ferred on more than one occasion due to to tighten the law requiring the return of beneficiary or a U.S. citizen will merit a re­ nonappearance of the author. such doctors to their home country; and quest for a report. The Immigration and 12. Documentation provided to the Sub­ recent legislation in 1981 generously grand­ Naturalization Service may honor a request committee in order to comply with these fathered certain doctors for admission as for a report by staying deportation until Rules will only be accepted if submitted by permanent residence because of their length final action is taken on the legislation. the author of such bill. of time in the U.S. It is the Subcommittee's 5. Each bill in the following categories 13. Requests for consideration of a bill opinion the 1981 amendments to the Immi­ which may be proposed for consideration of shall be accompanied by a statement by the gration and Nationality Act was the final the Subcommittee shall be subject to a beneficiary that he or she desires the relief chapter in a long and arduous struggle to point of order unless its consideration is sought by the bill and waiving the Freedom provide equity to certain foreign medical agreed to by a two-thirds vote of the Sub­ of Information Act and Privacy Act. graduates. committee. 14. A notice of meeting date shall be sent The Subcommittee is also dismayed to Bills not previously listed on an agenda to the authors of all legislation which is find that doctors who are beneficiaries of for a meeting and those bills not in compli­ scheduled. private laws often swiftly seek more lucra­ ance with these Rules concerning the filing STATEMENT OF POLICY tive employment upon gaining permanent of documentation. On March 19, 1985, the Subcommittee residence, thereby leaving medically under­ (b) Bills concerning beneficiaries who are adopted as an addendum to its Rules of Pro­ served areas without any medical assistance. receiving medical treatment, where docu­ cedure a Statement of Policy on private im­ Because of these experiences, the Subcom­ mentation as to the availability of similar migration bills which is set forth below. mittee intends to look with very little favor medical treatment in the beneficiary's home The Subcommittee on Immigration, Refu­ on doctor bills. Further, if a bill on behalf of country has not been submitted. gees, and International Law has jurisdiction a doctor or nurse is pursued, the following is (c) Bills concerning foreign medical gradu­ over all aspects of immigration law. In con­ required before scheduling will occur: ates who have not passed the Foreign Medi­ sidering private immigration bills, the Sub­ <1> Passage of the Foreign Medical Gradu­ cal Graduate Examination in the Medical committee reviews cases which are of such ate Examination in the Medical Sciences for Sciences and satisfied Documentation as to efforts the insti­ final action. parents two years. Those cases where the tution has made to recruit U.S. citizens for 10. All requests for consideration of a pri­ Subcommittee has favorable precedents are the position. Such information shall include vate bill shall commence with a letter di­ when the child is of a young age and there salary levels of other doctors or nurses on rected to the Chairman of the Subcommit­ has been a long-standing parent-child rela­ staff and an explanation as to recruitment tee outlining relevant facts of the case and tionship. In support of any private bill relat­ techniques on employment of the benefici­ attaching thereto all pertinent data. The ing to adoption, the following must accom­ ary. following shall be submitted in triplicate: pany the request for Subcommittee action: (5) Copies of annual affidavits executed Date and place of birth of all benefici­ <1) Home-study on the home of the pro­ by participants in foreign medical graduate aries. Address and telephone number in the spective parents. exchange programs. United States. (2) Evidence of support of child-cancelled Legislation approved by the Subcommit­ Dates of all entries Statement detailing ages and occupa­ suspension of deportation during an interim type of visas for admission. Consulate where tion of natural parents and brothers and sis­ period while a doctor is serving in a commu­ the beneficiary obtained a visa for entry to ters. nity and permit adjustment of status to per­ the U.S.; or where the beneficiary shall seek <4> Communications with the Immigration manent residence upon completion of the a visa. and Naturalization Service regarding appli­ designated time period. cable U.S. adoption laws. Status of any proceedings with the INS C. Drugs and Criminal Activity and whether any non-immigrant or immi­ B. Doctors and Nurses grant petitions have been filed on the bene­ The Immigration and Nationality Act pro­ The Subcommittee has few precedents for ficiary's behalf. vides for the admission of foreign medical waiving grounds of exclusion relating to (d) Name, address, and telephone number graduates if the doctor or nurse has passed criminal activity. In the event such a bill is of interested parties in the U.S. certain exams required prior to seeking im­ pursued, the following documents where Name, address, dates and places of migration. A doctor must pass the Foreign available will be required: birth of all close relatives in the U.S. and Medical Graduate Examination in the Medi­ <1) Complete transcripts of court proceed­ abroad and their immigration status. cal Sciences . Information Act by the beneficiary.

51-059 0-86-15 (pt. 9) 11684 CONGRESSIONAL RECORD-HOUSE May 13, 1985 <4> An affidavit from the bene­ in the foreseeable future, and there are no relief by beneficiaries of private immigra­ ficiary describing his criminal record in full. precedents for enactment of a private law tion laws and expresses its concern that in It is the intent of the Subcommittee that solely based on a person's investment in the many cases the subjects of private bills do all available information be submitted to United States. not exercise their petition for relief after the Subcommittee. The Subcommittee will In the event a Member wishes to pursue enactment in a timely manner. conduct its own investigation with appropri­ this ·type of bill, the following is required: Certain cases have come to the Subcom­ ate government agencies. tax records, contracts, bank statements, and mittee's attention whereby relief after en­ It is also the Subcommittee's desire to other pertinent information relating to the actment of a private law was not sought review testimony and affidavits relating to investment. until 10 years thereafter, and other cases the beneficiary's behavior after any crimi­ G. Waiver of Exclusions the Subcommittee is dismayed to learn that nal offense. Such information is helpful in beneficiaries have not sought immediate making a determination as to whether legis­ 1. Health-All bills waiving the grounds of exclusion for mental or physical infirmities relief. lation will serve the best interests of the In view of the lengthy deliberations by community. In this regard, letters of refer­ will require the posting of a bond. The Sub­ committee notes there are few precedents the Subcommittee on each bill processed ence, bank records, and employment records under its jurisdiction, it appears incumbent are particularly helpful. for cases in this category. In order to obtain the best possible information, the Subcom- upon the Subcommittee to assure that the .D. Medical Cases . mittee will require all medical records as beneficiaries of such bills apply themselves The Subcommittee shall be reluctant to well as information from the state and/or in a diligent manner and seek relief as expe­ schedule bills on behalf of persons who federal government concerning possible ditiously as possible upon enactment. enter the United States on nonimmigrant public charge aspects of the case. Therefore, the Subcommittee shall amend visas or who are paroled for the purpose of 2. Draft Dodgers-There are few prece­ each private bill processed so that the bene­ seeking medical treatment. This type of visa dents for favorable action on behalf of draft ficiaries must apply for the benefits of the is available to accommodate persons seeking dodgers, and it shall be the Subcommittee's enacted law within two years of notification advanced medical treatment which may be policy to continue to view such bills unsym­ of the passage of the private law. available only in the United States. path'etically. Many cases have come to the attention of 3. Fraud-The Subcommittee has been ex­ the Subcommittee where the medical visa is tremely reluctant to act favorably on cases LEAVE OF ABSENCE used to enter the U.S., and shortly thereaf­ involving visa fraud, and it shall be the By unanimous consent, leave of ab­ ter, the person seeks permanent immigra­ policy of the Subcommittee to adhere close­ sence was granted to: tion. This type of activity undermines the ly to precedents in this category. intent of the medical visa; and flagrant Mr. EvANs of Illinois behalf of investors provided relief for per­ Mr. VANDER JAGT. sons who were able to establish their quali­ cases operates to the detriment of other pri­ fication for a nonpreference visa prior to vate bills which are pending and reflects Mr. PARRIS. June 1978. poorly on the integrity of the private bill Mr. ROTH. The Subcommittee has studied the many process. For these reasons, the Subcommit­ Mr. SHUMWAY. cases relating to investors and has found tee will be reluctant to reverse or reconsider Mrs. ROUKEMA. many beneficiaries did not sufficiently ac­ its prior action absent new evidence or in­ Three members shall be appointed by LELAND, Mr. SCHULZE, Mr. KASTENMEIER, Mr. men, Chelsea, MA, relative to the Presi­ the Majority Leader of the Senate. MINETA, Mr. GUARINI, Mr. STUMP, Mr. dent's proposed budget cuts fiscal year 1986; (D) Three members shall be appointed by SOLARZ, Mr. REID, Mr. MURPHY, Mr. BRUCE, to the Committee on Government Oper­ the Minority Leader of the Senate. Mr. CRANE, Mr. YouNG of Alaska, Mr. ations. (2) Members of the Commission shall be PICKLE, Mr. FISH, Mr. VANDER JAGT, Mr. appointed based upon recognized expertise RICHARDSON, Mr. GRAY of Illinois, Mr. in matters relating to the Strategic Defense HUGHES, Mr. RUDD, Mr. MONTGOMERY, Mr. AMENDMENTS Initiative and shall be selected from among STAGGERS, Mr. VVEBER, Mr. VVIRTH, Mr. VVISE, Under clause 6 of rule XXIII, pro­ persons who are particularly qualified by Mr. RoGERS, Mr. BATEMAN, Mr. BoRSKI, Mr. posed amendments were submitted as reason of training, experience, and knowl­ BROWN of California, Mrs. BURTON of Cali­ follows: edge for service on the Commission. fornia, Mr. BusTAMANTE, Mr. CAMPBELL, Mr. <3> In the event of a vacancy in the Com­ CARR, Mr. CHANDLER, Mr. BENNETT, Mr. H.R. 1872 mission, the vacancy shall be filled in the DoRGAN of North Dakota, Mr. IRELAND, Mrs. By Mr. FOGLIETTA: same manner as the original appointment. MEYERS of Kansas, Mr. GREEN, Mr. GRoT­ -At the end of title 10 add the following <4> Of the members first appointed to the BERG, Mr. Hul'TO, Mr. KEMP, Mr. LAGoMAR­ new section on page 200, following line 4: Commission, four shall serve for two years, SINO, Mrs. LLoYD, Mr. DWYER of New Jersey, SEC. 1050. SDI OVERSIGHT COMMISSION. four shall serve for four years, and four Mr. DOWDY of Mississippi, Mr. McCAIN, Mr. (a) ESTABLISHMENT OF COMMISSION.­ shall serve for six years, as determined by McHuGH, Mr. ERDREICH, Mr. GEPHARDT, Mr. There is hereby established a commission to lots at the first meeting of the Commission. HAYES, and Mr. JoNES of North Carolina. be known as the "Congressional Commis­ H. Con. Res. 26: Mr. LENT and Mr. CHAIRMAN.-The members of the Com­ sion on Strategic Defense ". The mission shall select the chairman of the McHuGH. Commission shall monitor the progress of H. Con. Res. 131: Mr. BusTAMANTE, Mr. Commission. Strategic Defense Initiative programs and (d) SUPPORT SERVICES.-The Commission CooPER, Mr. DELAY, Mr. EMERSON, Mr. particularly shall- GILMAN, Mr. LEwis of Florida, Mr. McCAND­ shall receive necessary support services and <1> study the feasibility and technology of funding from the Strategic Defense Initia­ LEss, Mr. RODINO, Mr. STALLINGS, Mr. SWIFT, SDI programs; and Mr. TAYLOR. tive Organization of the Department of De­ (2) study adherence of SDI programs to fense. Each Commission member is entitled the 1972 ABM Treaty and any other treaty to appoint one staff person. PETITIONS, ETC. and the effect of such programs on any treaty; and (e) REPORTS.-<1) The Commission shal1 Under clause 1 rule XXII, petitions (3) review strategic defense programs of submit an annual report to Congress on the and papers were laid on the Clerk's the Soviet Union. Strategic Defense Initiative. The report desk and referred as follows: (b) MEMBERSHIP.-<1) The Commission shall be submitted in both a classified and shall be composed of twelve members ap­ unclassified form. 104. By the SPEAKER: Petition of the <2> The Commission shall submit to Con­ board of trustees, the City University of pointed for six-year terms. The members of the Commission shall be appointed as fol­ gress such reports as it considers appropri­ New York, NY, relative to the Pell grant ate on any report to Congress by the Secre­ budget proposed by the administration for lows: Three members shall be appointed by tary of Defense concerning the Strategic fiscal year 1985; to the Committee on Edu­ Defense Initiative. cation and Labor. the Speaker of the House of Representa­ 105. Also, petition of the Vietnamese Asso­ tives. <3> Reports to Congress by the Commis­ ciation of Central Florida, Orlando, FL, rel­ Three members shall be appointed by sion shall be submitted without intervening ative to the freedom fighters in Southeast the Minority Leader of the House of Repre­ review or approval within the Executive Asia; to the Committee on Foreign Affairs. sentatives. branch.