July 15, 1985 CONGRESSIONAL RECORD-HOUSE 18955 HOUSE OF REPRESENTATIVES-Monday, July 15, 1985 The House met at 12 o'clock noon. on the disagreeing votes of the two Arizona owes a tremendous debt of The Chaplain, Rev. James David Houses thereon, and appoints Mr. gratitude to Carl Hayden and John Ford, D.D., offered the following GOLDWATER, Mr. THuRMOND, Mr. Rhodes. Designating the Granite Reef prayer: wARNER, Mr. HUMPHREY, Mr. COHEN, portion of the central Arizona project We offer this word of gratitude, O Mr. QUAYLE, Mr. EAST, Mr. WILSON, as the Hayden Rhodes Aqueduct is gracious God, for the abiding presence Mr. DENTON, Mr. GRAMM, Mr. NUNN, only a small token of the appreciation of Your spirit. Though we may seek to Mr. STENNIS, Mr. HART, Mr. EXON, Mr. that all Arizonans feels toward these depart from You, You do not depart LEvIN, Mr. KENNEDY, Mr. BINGAMAN, two great Americans. It is only appro­ from us; though often we do not wish Mr. DIXON, and Mr. GLENN to be the priate that the Aqueduct which carries to face our faults, You forgive us and conferees on the part of the Senate. the waters of the Colorado River to grant us new life. Our hearts are ap­ the district that these men once repre­ preciative, that though we often CONSENT CALENDAR sented be named in their honor. forget Your providence for us and we I urge your support for this legisla­ seem to turn away, You continue to The SPEAKER. This is the day for tion. surround us with Your love and com­ the call of the Consent Calendar. The Mr. Speaker, I withdraw my reserva­ fort us with Your presence. For Your Clerk will call the bill on the Consent tion of objection. external faithfulness, 0 God, we offer Calendar. The SPEAKER. Is there objection this our prayer of thanksgiving. Amen. to the present consideration of the HAYDEN RHODES AQUEDUCT bill? THE JOURNAL The Clerk called the bill of Sparrow, one of its clerks, announced Reef aqueduct is scheduled to be dedi­ the Colorado River Basin Project Act <43 that the Senate had passed without cated. On that day, Arizona history U.S.C. 1521(a)(l)), hereafter shall be known amendment a joint resolution and con­ will be written. Colorado River water and designated as the "Hayden Rhodes Aq­ current resolution of the House of the will begin flowing into the Phoenix ueduct". following titles: metropolitian area. The occasion will SECTION 2. REFERENCES TO AQUEDUCT. H.J. Res. 198. Joint resolution providing be marked by celebrations of this long Any reference in any law, regulation, doc­ for appointment of Barnabas McHenry as a awaited triumph over time and nature ument, record, map, or other paper of the as well as many engineering, funding, United States to the aqueduct referred to in citizen regent of the Board of Regents of section 1 hereby is deemed to be a reference the Smithsonian Institution: and and political obstacles. to the "Hayden Rhodes Aqueduct". H. Con. Res. 59. Concurrent resolution Mr. Speaker, it will be the culmina­ commemorating the lOOth anniversary of tion of the work of many. However, The bill was ordered to be engrossed the death of IDysses S. Grant, the 18th the names of Carl Hayden and John and read a third time, was read the President of the United States. Rhodes, whose public service careers third time, and passed, and a motion The message also announced that spanned 70 years, are two names that to reconsider was laid on the table. the Senate had passed with an amend­ we must indeed pay tribute to on that The SPEAKER. This concludes the ment in which the concurrence of the day. call of the Consent Calendar. House is requested, a bill of the House Carl Hayden and John Rhodes were of the following title: truly dedicated to seeing the CAP TRANSFER OF CONSTITUTIONAL H.R. 1460. An act to express the opposi­ become a reality. Senator Hayden, as POWERS UNDER 25TH AMEND­ tion of the United States to the system of the long-time chairman of the Senate apartheid in South Africa, and for other MENT TO THE CONSTITUTION Appropriations Committee, was in the AND RESUMPTION OF SAME­ purposes. unique position to transform the con­ The message also announced that MESSAGES FROM THE PRESI­ cept of delivering Colorado River DENT OF THE UNITED STATES the Senate disagrees to the amend­ water to central and southern Arizona ments of the House to the bill CS. into a reality. His efforts culminated The SPEAKER laid before the 1160) "An act to authorize appropria­ in September of 1968 when legislation House the following messages from tions for the military functions of the was signed into law authorizing the the President of the United States; Department of Defense and to pre­ central Arizona project. which were read: scribe personnel levels for the Depart­ Senator Hayden's work in the THE WHITE HOUSE, ment of Defense for fiscal year 1986, Senate was matched by John Rhodes' Washington, July 13, 1985. to authorize certain construction at contributions in the House of Repre­ Hon. THOMAS P. O'NEILL, Jr., military installations for such fiscal Speaker, House of Representatives, sentatives. During his 30 years in the Washington, DC. year, to authorize appropriations for service of the people of Arizona, John DEAR MR. SPEAKER: I am about to undergo the Department of Energy for nation­ Rhodes displayed the leadership and surgery during which time I will be briefly al security programs for such fiscal the statesmanship necessary to forge and temporarily incapable of discharging year, and for other purposes," agrees the alliances that would ensure fund­ the Constitutional powers and duties of the to the conference asked by the House ing for the central Arizona project. Office of the President of the United States.

D This symbol represents the time of day during the House proceedings, e.g., D 1407 is 2:07 p.m. • This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the floor. 18956 CONGRESSIONAL RECORD-HOUSE July 15, 1985 After consultation with my Counsel and REPORT ON RESOLUTION WAIV­ COMMUNICATION FROM THE the Attorney General, I am mindful of the ING CERTAIN POINTS OF CLERK OF THE HOUSE provisions of Section 3 of the 25th Amend­ ORDER AGAINST CONSIDER­ ment to the Constitution and of the uncer­ The SPEAKER laid before the ATION OF H.R. 2959, ENERGY House the following communication tainties of its application to such brief and AND WATER DEVELOPMENT temporary periods of incapacity. I do not be­ from the Clerk of the House of Repre­ lieve that the drafters of this Amendment APPROPRIATIONS, 1986 sentatives: intended its application to situations such Mrs. BURTON of California, from WASHINGTON, DC, as the instant one. the Committee on Rules, submitted a July 12, 1985. Nevertheless, consistent with my long­ privileged report waiving The Speaker, House of Representatives, George Bush, and not intending to set a certain points of order against consid­ Washington, DC. precedent binding anyone privileged to hold eration of the bill CH.R. 2959), making DEAR MR. SPEAKER: Pursuant to the per­ this Office in the future, I have determined appropriations for energy and water mission granted in Clause 5, Rule III of the and it is my intention and direction that Rules of the U.S. House of Representatives, development for the fiscal year ending I have the honor to transmit a sealed enve­ Vice President George Bush shall discharge September 30, 1986, and for other pur­ those powers and duties in my stead com­ lope received from the White House at 1:50 mencing with the administration of anes­ poses, which was referred to the p.m. on Friday, July 12, 1985 and said to thesia to me in this instance. House Calendar and ordered to be contain a message from the President printed. wherein he transmits a report pursuant to I shall advise you and the Vice President section 204 of the International Emergency when I determine that I am able to resume Economic Powers Act (50 U.S.C. 1703) and the discharge of the Constitutional powers REPORT ON RESOLUTION PRO­ section 401Cc> of the National Emergency and duties of this Office. VIDING FOR CONSIDERATION Act (50 U.S.C. 1641Cc». May God bless this Nation and us all, OF H.R. 8, WATER QUALITY RE­ With kind regards, I am, Sincerely, NEWAL ACT OF 1985 Sincerely, RONALD REAGAN. BENJAMIN J. GUTHRIE, Mrs. BURTON of California, from Clerk, House of Representatives. THE WHITE HOUSE, the Committee on Rules, submitted a Washington, July 13, 1985. privileged report . 12470-MESSAGE FROM letter to you of this date, please be advised I the renewal of the quality of the Na­ THE PRESIDENT OF THE am able to resume the discharge of the Con­ tion's waters, and for other purposes, UNITED STATES stitutional powers and duties of the Office which was referred to the House Cal­ of the President of the United States. I have The SPEAKER laid before the informed the Vice President of my determi­ endar and ordered to be printed. House the following message from the nation and my resumption of those powers President of the United States; which and duties. REPORT ON RESOLUTION PRO­ was read, and together with the ac­ Sincerely, companying papers, referred to the RONALD REAGAN. VIDING FOR CONSIDERATION OF H.R. 10, NATIONAL DEVEL­ Committee on Foreign Affairs: OPMENT INVESTMENT ACT provid­ PERMISSION FOR COMMITTEE ing for the consideration of the bill ON INTERIOR AND INSULAR Mr. McCAIN. Mr. Speaker, I ask July 15, 1985 CONGRESSIONAL RECORD-HOUSE 18957 Mr. WRIGHT. Mr. Speaker, today a $625,000 grant last month from th::? f ering this legislation to repeal restric­ the House and Senate conferees Justice Department. Funding was to tions which prohibit people from resume our efforts to find a compro­ support such critical services for bat­ working in their homes. mise on the budget resolution. tered women and their children as im­ As a result of 40-year-old regula­ Our House conferees are determined provement of shelters, creation of an tions, statutory restrictions exist that we shall reduce the 1986 deficit information and referral network for which prohibit people from working in projected in President Reagan's Feb­ the victims, and development of better their homes in certain industries­ ruary budget by at least $56 billion. law enforcement strategies to combat knitted outerwear, embroidery, The House resolution achieved that the problem. women's apparel, jewelry, gloves and degree of saving without breaking the However, after a virulent attack on mittens, buttons and buckles, and Government's promise to the Nation's the coalition by some of our own col­ handkerchiefs. These restrictions are retirees and without adding new taxes. leagues, the Attorney General has put totally arbitrary. For instance, what The Senate-passed budget, by con­ the grant on hold. The Free Congress sense does it make to allow work on trast, contains a number of hidden tax Foundation has suggested that the co­ men's apparel and not women's? increases under the misleading label of alition promotes "liberal antifamily The homeworkers in New England "user fees." One of these proposed activism." This response bespeaks the have been the most conspicuous group "user fees" would come as a very un­ notion that domestic abuse is sanc­ of homeworkers who have been denied pleasant surprise to anyone buying a tioned by the marriage contract and this fundamental freedom. But the home with a federally guaranteed that attempts to protect against such problem is not limited to New Eng­ mortgage. abuse are antifamily. This is truly ne­ land; it extends across the 50 States, Under the plan of the Republican anderthal thinking. and into every home where an individ­ Senate leadership, a middle income If we are to have any hope of ad­ ual has the desire and the capability homeowning family or future purchas­ dressing family violence at the global to work. er with an FHA, VA, FNMA, GNMA, level, our Government had better There are many reasons for working or Farm Home Loan mortgage would come to grips with the problem in the at home. Mothers who want to stay at be saddled with a new backdoor tax. United States. Close to 2 million home to take care of families, yet who Perhaps worst of all, the tax would American women are battered by their want to increase the family's income. be retroactive. It would apply to home husbands each year. Beating is the Older Americans who want to supple­ loans already on the books. single major cause of injury to women ment Social Security. Handicapped in­ An average, middle income mortgage in this country, more significant than dividuals who might not be able to holder with a median-sized home loan auto accidents, rape, or mugging. But find a job elsewhere or might not be would be required by the Senate plan because of Federal budget cuts, 79 per­ able to commute to and from another to pay $2,560 more up front, or $30 cent of family violence projects did workplace. Or, perhaps, just a person more every month, which would come not meet community needs in past who enjoys the freedom and the flexi­ to a hidden tax of $10,800 over the life years. More than a quarter of a mil­ bility which homework offers. These of the average mortgage. lion women and children who sought individuals deserve the same rights as This is an insidious, under-the-table shelter in 1983 had to be turned away. others. tax on home ownership. It reduces The problem is critical and the Jus­ The Home Employment Enterprise still further the number of Americans tice Department should act immedi­ Act is a simple and straightforward who can own homes. It is absolutely, ately to release the grant award to the piece of legislation. It merely amends diametrically counter to what we've coalition. My cochair at the Congres­ the Fair Labor Standards Act to allow been attempting to do in this country. sional Caucus for Women's Issues, homework in seven industries where This is just one of the ways in which Representative OLYMPIA SNOWE, and I statutory restrictions exist. The bill the Senate resolution is unfair to the have written to Attorney General Ed would not exempt homeworkers from middle income American family. Your Meese asking the expeditious release any labor standards, nor would it pro­ House conferees are determined to of the grant award. I submit our letter hibit the Secretary of Labor from en­ oppose this kind of backdoor hidden to the record. forcing other provisions of the Fair taxation. If this administration truly believes Labor Standards Act. in the ideals that our U.S. delegation I hope you will join with us in this JUSTICE DEPARTMENT SHOULD in Nairobi will be expressing this week effort to extend the freedom which RELEASE FAMILY VIOLENCE and next, it will put its money where most Americans already enjoy to its mouth is. The grant award to the homeworkers in every line of work. GRANT National Coalition Against Domestic in the section catchline by striking out sent a letter to the National Security Nation as rapidly as possible. "other than" and inserting in lieu thereof Council, and the State Department "including"; about a month ago. I heard from State (2) in subsection Ca> by striking out "A Department just last week. I have yet COSPONSOR H.R. 2934, THE FAIR claim" and all that follows through "July 1, RATE OF EXCHANGE ACT 1960," and inserting in lieu thereof "A claim to hear from the National Security of the United States against a person arising Council. in subsection Cb>- When Secretary Shultz returns from west Coalition to talk to Japan about CA> in paragraph (3) by striking out "or" after the semicolon; his current south Pacific sojourn, I their trade problems and their con­ CB> in paragraph C4> by striking out the hope he will put some wheels on his cerns, the concerns that we have over period at the end and inserting in lieu there­ concerns. As of today, we are moving the significant trade balance we have of "; or"; and terribly slow. with Japan, and indeed with the rest CC> by adding at the end the following: of the world. "(5) in the case of a claim involving an er­ The one thing that came up in those roneous payment of travel and transporta­ LET'S NOT FORGET OUR OWN meetings time after time after time tion expenses or allowances or relocation in the section catchline by striking out major currencies. "other than" and inserting in lieu thereof All who participated, from those I urge my colleagues to look at this "including"; who attended the concerts to the low­ legislation. I think we have a serious C2> in subsection Ca> by striking out "A liest technicians, should be commend­ problem. I invite your cosponsorship claim" and all that follows through "Octo­ ed. and I invite your support. ber 2, 1972," and inserting in lieu thereof "A Mr. Speaker, Bob Dylan, the con­ claim of the United States against a person science of the 1960's, said during one arising out of an erroneous payment of any of his songs that perhaps some of ANNOUNCEMENT BY THE pay or allowances made before, on, or after these proceeds could be used to help SPEAKER October 2, 1972, or arising out of an errone­ ous payment of travel and transportation al­ American farmers pay off their loans. The SPEAKER. Pursuant to the lowances made on or after January 1, Mr. Speaker, there are a lot of provisions of clause 5 of rule I, the 1985,"; and homeless and hungry people in this Chair announces that he will postpone (3) in subsection !b)C2> by striking out "of country; children and elderly, and our further proceedings today on each pay or allowances, other than travel and Nation has not responded to them. motion to suspend the rules and on transportation allowances,••. July 15, 1985 CONGRESSIONAL RECORD-HOUSE 18959 (b) CLERICAL AMENDMENT.-The item relat­ tation allowances and expenses and re­ location cases is already in place and ing to section 2774 in the table of contents location expenses. immediately subject to the oversight of chapter 165 of title 10, United States When the first general waiver au­ responsibility of the Comptroller Gen­ Code, is amended by striking out "other thority statute, 5 U.S.C. 5584, was than" and inserting in lieu thereof "includ­ eral. The existing procedures for han­ ing". passed in 1968 covering civilian em­ dling waivers will not be significantly SEC. 3. MEMBERS OF THE NATIONAL GUARD. ployees, the General Accounting changed because waiver cases will con­ (a) CLAIMS FOR OVERPAYMENT OF PAY AND Office took the position that, travel tinue to be handled in accordance with Au.owANcEs.-Section 716 of title 32, United expenses being essentially one-time standards prescribed by the Comptrol­ States Code, is amended- payments, employees receiving these ler General. Agency performance will <1) in the section catchline by striking out expenses would not be placed in finan­ continue to be evaluated by GAO "other than" and inserting in lieu thereof cially difficult positions by being re­ during onsite reviews of agency oper­ "including"; quired to repay travel expenses which <2) in subsection (a) by striking out "A ations and doubtful cases and appeals had been overpaid. However that will continue to be submitted to the claim" and all that follows through "Octo­ Office has advised the committee that ber 2, 1982," and inserting in lieu thereof "A Comptroller General for review. In claim of the United States against a person since passage of the existing waiver this connection the GAO states that it arising out of an erroneous payment of any statutes, it has witnessed dramatic changes in the diversity and scope of anticipates that the establishment of pay or allowances made before, on, or after standards for utilization at the individ­ October 2, 1972, or arising out of an errone­ travel performed in the Government's ous payment of travel and transportation al­ interest. ual agency level would not be difficult. lowances made on or after January l, The creation of new and changing Significantly, the GAO has advised 1985,"; and entitlement authority has been equal­ the committee that performance (3) in subsection (b)(2) by striking out "of ly dramatic as for example in the in­ under the existing waiver authorities pay or allowances, other than travel and creased fluctuation of mileage and per has proven that this type of legislation transportation allowances,". is practical and fair both to the indi­ (b) CLERICAL AKENDMENT.-The item relat­ diem rates. In addition, the statute al­ ing to section 716 in the table of contents of lowing relocation expenses, 5 U.S.C. vidual and the Government. chapter 7 of title 32, United States Code, is 5724a, was enacted in 1967 and was not Under the three sections referred to amended by striking out "other than" and taken into account when the original in this bill, the agency authority for inserting in lieu thereof "including". waiver statute was considered in 1968. waiver is limited to claims of not more The SPEAKER. Pursuant to the Similarly, these developments were than $500. Claims in excess of that rule, a second is not required on this not recognized in 1972 when parallel amount must be considered by the motion. waiver language was incorporated in Comptroller General. Consideration of The gentleman from Kansas [Mr. section 2774 of title 10 and section 716 requests for waiver of claims falling GLICKMAN] will be recognized for 20 of title 32 concerning military and Na­ within agency jurisdiction is governed minutes and the gentleman from tional Guard personnel respectively. by regulations promulgated by the North Carolina [Mr. COBLE] will be The GAS has now concluded that Comptroller General. The regulations recognized for 20 minutes. holding an employee to a standard of provide the Comptroller General with The Chair recognizes the gentleman constructive knowledge of complex a comprehensive oversight capability. from Kansas [Mr. GLICKMAN]. travel and relocation regulations in Included in these regulations is the re­ Mr. GLICKMAN. Mr. Speaker, the certain instances is unreasonable, par­ quirement that the facts upon which bill H.R. 1890 would amend three ticularly when even those charged waiver is based must be recorded in waiver statutes, section 5584 of title 5, with administering the regulations detail and made a part of the written United States Code; section 277 4 of make mistakes in determining an em­ record. The written record includes title 10, United States Code; and sec­ ployee's entitlement. GAO's experi­ the report of investigation, a detailed tion 716 of title 32, United States ence demonstrates that hardship has account of the corrective action taken, Code, to extend the existing equitable been caused in many travel, transpor­ an account of the waiver action taken waiver authority to overpayments of tation, and relocation cases and that and the reasons therefor, and other travel and transportation allowances employees have been required to make pertinent information such as the and expenses and to overpayments of substantial refunds to the Govern­ action taken upon an application for relocation expenses. ment as a result of circumstances refund. The bill was introduced in accord­ which were not their fault. Agencies must keep registers show­ ance with the recommendations of the This is particularly true when, as ing the disposition of each waivered Comptroller General of the United the General Accounting Office has claim; and these registers together States. An identical bill, H.R. 3083, found, many of these claims arise from was favorably reported by the commit­ erroneous agency authorizations with the written record shall be avail­ tee on October 6, 1983, and passed the which an employee relies on in good able for review by the General Ac­ House on October 24, 1983. faith to his detriment. The GAO has counting Office. Also a yearly report The bill would amend three existing ruled on many claims when the in­ on agency waivers must be made to waiver statutes to permit waiver of creasing complexity of the laws and the GAO. travel and transportation expenses regulations relating to travel and Agency experience under the cur­ and allowance overpayments and relo­ transportation entitlements has out­ rent statutes will enable the agencies cation expense overpayments on the distanced an agency's ability to give to exercise the added authority provid­ same basis as is currently provided for guidance and instructions to authoriz­ ed by this bill. The GAO recommend­ waiver of all other pay and allowance ing officials. The result is that often ing these amendments pointed out overpayments. These waiver statutes erroneous payments are made to em­ that the demonstrated administrative now permit a Federal employee's or ployees which later must be collected capability of the agencies clearly justi­ serviceman's liability for overpay­ back by the agency. Collection is man­ fied extending the existing waiver au­ ments of pay and allowances to be dated because waiver of travel, trans­ thority to claims involving travel, waived where collection would be portation, and relocation overpayment transportation, and relocation. Waiver against equity and good conscience is precluded by the existing statutes. cases will be handled by departments and not in the best interests of the At the present time, the only relief in and agencies in accordance with stand­ United States, and where the employ­ such cases is for the claimant to seek a ards prescribed by the Comptroller ee seeking a waiver has acted in good private relief bill in the Congress. General. Agency performance will con­ faith. This general waiver authority, The procedural apparatus for the tinue to be evaluated by GAO during however, does not presently apply to consideration of waiver requests in the onsite reviews of agency operations, overpayments of travel and transpor- area of travel, transportation, and re- and doubtful cases and appeals will be

51-059 0 -86-14 (Pt. 14) 18960 CONGRESSIONAL RECORD-HOUSE tfuly 15, 1985 submitted to the Comptroller General Mr. VENTO. Mr. Speaker, I yield Service continue its efforts to come up for review. myself such time as I may consume. with other means, including private The committee agrees with the rec­ GENERAL LEAVE sector contributions, to maintain this ommendations of the Comptroller Mr. Speaker, I ask unanimous con­ valuable museum. General and recommends that the bill sent that all Members may have 5 leg­ Indeed the continued imposition of be considered favorably. islative days in which to revise and fees for the Balclutha and the exten­ Mr. COBLE. Mr. Speaker, I have no extend their remarks on H.R. 1343, tion to the Hyde Street pier ships will requests for time, and I yield back the the pending bill. help encourage private participation balance of my time. The SPEAKER pro tempore inserting in the second proviso after the gentlewoman from California the words "the administration of said par­ museum ships, it is idle part of the cels" the following "and of the AFDL-38 time. H.R. 1343 allows the Park Serv­ [Mrs. BURTON], and I yield such time Drydock or other vessels or heavy mariue ice to lease it during those slack times as she may consume to the gentlewom­ equipment,"; and to private shipping interests in the an. (2) striking out "for the management of San Francisco area. The Park Service Mrs. BURTON of California. Mr. said parcels of property" in such proviso estimates it could earn $75,000 a year Speaker, the National Maritime and substituting "for the management (in­ from such an arrangement, plus save Museum in San Francisco is home to cluding rental or lease> of said properties". the largest fleet of historic ships in SEC. 2. Ca> Section 4Ce> of the Act of Octo­ on maintenance costs for the drydock ber 27, 1972 <16 U.S.C. 460bb-3; 92 Stat. while it is leased to private parties. the world. These ships, some of them 3486), is amended by deleting the phrase ", H.R. 1434 was amended in commit­ the last of their kind, are badly in for a period not exceeding five years from tee to allow for the continued collec­ need of repair. The 70-year-old the date of the enactment of this legisla­ tion of admission fees to one of the Wapama, sole survivor of the Pacific's tion," and inserting after "sailing vessel Bal­ ships, the Balclutha, and for the impo­ 225 wooden-hulled steam schooners, is clutha" the following new phrase "and sition of admission fees to the other particularly in need of immediate and other historic vessels of the National Mari­ ships. I wish to note that the commit­ extensive repairs. Delaying this much­ time Museum." needed restoration will only result in Cb> Notwithstanding any other provisions tee intends that one admission fee of law, moneys collected pursuant to section would permit the visitor to see all either the loss of this legend now or 4Ce> of the Act of October 27, 1972, (16 seven ships, even though they are lo­ exorbitant repair costs at a later date. U.S.C. 460bb-3; 92 Stat. 3486), since Novem­ cated at two separate piers on the San I introduced H.R. 1343 to create a ber 10, 1983, shall be deemed to have been Francisco waterfront. The revenue cost-effective way of providing funds collected in accordance with such section as from this admission fee would be ap­ for the restoration of our historic amended by this Act. plied directly to the budget of the fleet. The Park Service owns a dry­ The SPEAKER. Pursuant to the Golden Gate National Recreation dock that could be leased out to com­ rule, a second is not required on this Area. panies to use for ship repairs and to motion. Mr. Speaker, these ships are an im­ share in its maintenance. These funds The gentleman from Minnesota [Mr. portant part of the maritime history could then be used to augment pri­ VENTO] will be recognized for 20 min­ of the United States. But they are ter­ vate-sector contributions to rejuvenate utes and the gentleman from Califor­ ribly expensive to maintain and re­ our maritime heritage. nia [Mr. LAGOMARSINO] will be recog­ store, and th.ere is a need for creative Over 500,000 people visited the ships nized for 20 minutes. means to finance them. This bill pro­ at Hyde Street pier last year and the The Chair recognizes the gentleman vides for two new revenue sources. It is Park Service considers this resource from Minnesota CMr. VENTO]. the committee's intent that the Park the most threatened in the entire July 15, 1985 CONGRESSIONAL RECORD-HOUSE 18961 Golden Gate National Recreation other historic vessels of the NMM. out that there has been some discus­ Area. Four of these ships are both des­ While these funds will greatly assist in sion of that but the committee would ignated national historic landmarks meeting the restoration expenses, I be­ not look favorably upon this. and listed on the National Register of lieve it is important that we strongly So, with that, Mr. Speaker, I hope Historic Places. encourage, if not require at some later that this bill will win support here Private citizens have devoted numer­ date, the collection and utilization of today. It is certainly one that deserves ous hours of volunteer work in provid­ private funds for this purpose. The it. ing light upkeep for the ships, but now public would, I am certain, be willing Mr. Speaker, I yield back the bal­ heavier repairs are required to stabi­ to share the financial burden with the ance of my time. lize the fleet. I would like to commend Federal Government for such a worth­ The SPEAKER pro tempore. The these individuals, as well as the offi­ while project. I am pleased the com­ question is on the motion offered by cials at the GGNRA who have been mittee report includes language ex­ the gentleman from Minnesota [Mr. pursuing alternative methods to save pressing the committees' intent that VENTO] that the House suspend the the Wapama and to keep the other the Park Service and private groups rules and pass the bill, H.R. 1343, as historic vessels in good repair. work together to encourage and solicit amended. Little remains of our 19th century private funding for the restoration The question was taken; and by striking out "fifty-five years to any tional Parks and Recreation Subcom­ operator of concession facilities in the park, of my colleagues to support this legis­ or its successor for purposes of providing mittee, I am in basic agreement with lation. employee housing.", in the firnt sentence of this legislation and am pleased we are Mr. VENTO. Mr. Speaker, I yield the first section and inserting in lieu there­ moving it along. I believe it is impor­ myself such time as I may consume. of "not to exceed ninety-nine years to any tant that our Nation's maritime histo­ Mr. Speaker, I want to commend the individual, including an employee of the ry be preserved for the enjoyment and gentleman from California [Mr. LAGO­ United States Government, to any operator education of future generations. Clear­ MARSINO], who has been very helpful of concession facilities in the park, or the ly, the National Maritime Museum in writing the basic policy in this bill. administrative site, or its successor, or to CNMMl is a very important part of any public or private corporation or organi­ Indeed, without his cooperation it zation this history. would have been much more difficult. for purposes of providing employee housing, However, I am concerned about the So I want to commend the gentleman community facilities, administrative offices, enormous expense associated with re­ from California for that. maintenance facilities, and commercial serv­ storing the historic ships of the NMM. I want to point out that I am con­ ices."; It is difficult to justify such expenses cerned about the proposed or any dis­ <2> by striking out "the concessioner may on the part of the Federal Govern­ cussion about the sale of the drydock. sublease the property to its employees' in ment in view of the Nation's current This would, of course, already increase the second sentence of the first section and fiscal condition. Therefore, I am the costs of the necessary restoration. inserting in lieu thereof "if the lessee is a pleased this legislation was amended concessioner, corporation, or other organiza. The leasing of the drydock would, of tion in committee to allow the continued course, generate needed revenue and such lessee may sublease the property to its collection of admission fees on the help with the maintenance of the dry­ employees, employees of the United States sailing vessel Balclutha, as well as the dock, enhancing the prospects of more Government, or other individuals whose res­ initiation of admission fees on the timely restoration. So I want to point idence on the leased premises is solely in 18962 CONGRESSIONAL RECORD-HOUSE July 15, 1985 support of Yosemite National Park or the El "SEc. 6. Any new spending authority H.R. 1390 would correct these defi­ Portal administrative site; the eighth paragraph of section posed change to the currency. It will of the original bill required NPS to 16 of the Federal Reserve Act <12 U.S.C. give the public an opportunity to be subnlit a sulD.lilary report on the El 418) is amended by adding at the end there­ heard before any changes are imple­ Portal site, followed by an annual of the following new sentences: mented. fiscal year report for the next 10 "Notwithstanding any other provision of This act will assure that Congress is years. My amendment changed the re­ law, the Secretary of the Treasury shall not adopt any new form, tenor, or design of any informed and consulted, because with­ quirement of an annual report to a out it Congress might not be informed single progress report within 3 years such note- "{1) unless the proposal to adopt any new or consulted. from the submission of the initial sum­ form, tenor, or design of any such note has The Consumer Affairs and Coinage mary report on the El Portal site. been submitted to each House of the Con­ Subcommittee has been assured on While I fully realize, as I have pointed gress, and several occasions that it will be in­ out, that the concept embodied in this "(2) before the end of the 90-day period formed of developments in this area. bill is a novel approach to the prob­ beginning on the day on which the proposal Subsequent actions on the part of the lem, I believe the reporting require­ referred to in paragraph (1) was submitted agencies involved cast a doubt on ments are an unnecessary burden. As to the second of the 2 Houses of the Con­ gress pursuant to such paragraph. whether that consultation will take you know, Mr. Speaker, such reports For purposes of the preceding sentence, the place willingly. Last July, for example, require hours of manpower, and signif­ term 'new form, tenor, or design' shall not the Treasurer testified that "it is most icant amounts of funding which could, include the signatures, series number, plate likely to be 1986 before any new cur­ · especially in these difficult fiscal number, serial number, or minor changes to rency will be circulated." Two months times, be much better utilized. In addi­ the technical design of any such note, or the later, the Federal Reserve amended tion, Mr. Speaker, the Interior Com­ distribution letter or number of the Federal one of its anticounterfeiting contracts nlittee or individual Members could, at Reserve Bank through which such note is to target the fall of 1985 as the date of any time, request a report on the El issued.". The amendment made by subsection introduction of new currency, but the Portal site. NPS has indicated its will­ shall apply to any new form, tenor, or subcommittee was not informed. ingness to respond to any such re­ design adopted or proposed to be adopted Congress must have the opportunity quests. I might also add that the after June 1, 1985. to make sure that any change is an ef­ amendment was agreed to by the com­ The SPEAKER pro tempore. Is a fective counterfeiting deterrent. Any nlittee and subcommittee chairman, second demanded? proposed change must be examined to the bill's sponsor and National Park see that it meets a threat that exists Service. Mr. HILER. Mr. Speaker, I demand a second. or ntlght exist, not a threat that is il­ For these reasons, I encourage my The SPEAKER pro tempore. With­ lusory and will not come to pass. colleagues to support and vote for out objection, a second will be consid­ Any change must be technologically H.R. 1390. This bill will, I firmly be­ ered as ordered. feasible. The Bureau of Engraving and lieve, significantly assist and improve There was no objection. Printing prints 6 billion notes annual­ one of our Nation's precious crown ly. Any new currency must be produci­ jewels, Yosenlite National Park, with­ The SPEAKER pro tempore. The gentleman from Illinois [Mr. A.NNuN­ ble at that rate. A deterrent must be out the expenditure of new Federal difficult to counterfeit, not to produce. funds. z1ol will be recognized for 20 minutes and the gentleman from Indiana CMr. A deterrent must be cost effective. It Mr. Speaker, I yield back the bal­ HILER] will be recognized for 20 min­ must prevent as much counterfeiting ance of my time. utes. as it costs to implement. It would be Mr. VENTO. Mr. Speaker, I have no The Chair recognizes the gentleman senseless to develop a deterrent that further requests for time, and I yield from Illinois [Mr. A.NNuNz10]. costs far more than the amount of back the balance of my time. Mr. ANNUNZIO. Mr. Speaker, I counter!eiting it prevents. The SPEAKER pro tempore. The yield myself such time as I may con­ Finally, but hardly last, the change question is on the motion offered by sume. must be acceptable to the American the gentleman from Minnesota CMr. Mr. Speaker, H.R. 48 would require public. That means not only must the VENTO l that the House suspend the that any design change to U.S. curren­ new currency be compatible with ex­ rules and pass the bill, H.R. 1390, as cy be sent to both Houses of Congress isting currency handling equipment, amended. for a 90-day review period before any but it must be pleasing to the man in The question was taken; and IRA GERSHWIN studies. Studies on the technological Mr. Speaker, speaking for myself, threat posed by color copiers. Studies and I would presume to speak for the Mr. ANNUNZIO. Mr. Speaker, I on the types of changes we can make gentleman from Indiana [Mr. HILER], move to suspend the rules and pass in our currency to make it counterfeit­ we want to thank the gentleman very the joint resolution to proof. Even studies to determine who much for the kind words that he has provide that a special gold medal hon­ might be prone to counterfeiting. expressed on my behalf and Mr. oring George Gershwin be presented That does not guarantee that any HILER's behalf, but we also want the to his sister, Frances Gershwin Go­ proposed changes which will ultimate­ gentleman to know that we appreciate dowsky, and a special gold medal hon­ ly be proposed will be effective deter­ having a conscientious member like oring Ira Gershwin be presented to his rents to counterfeiting, technological­ yourself on the subcommittee, who widow, Lenore Gershwin. and to pro­ ly feasible, or cost effective. has been to every meeting, who par­ vide for the production of bronze du­ Hearings recently held by the Con­ ticipates in all of the hearings, and plicates of such medals for sale to the sumer Affairs Subcommittee answered who has helped us to bring to this public, as amended. only one question to my satisfaction. I floor the kind of legislation where we The Clerk read as follows: am certain the intent of Treasury offi­ do try to effectively present the prob­ H.J. RES. 251 cials is merely to make the currency lem as it exists. Whereas George and Ira Gershwin, indi­ more counterfeit-proof. I want to thank the gentleman very vidually and jointly, created music which is But numerous other questions are undeniably American and which is interna­ much. tionally admired; still unresolved. Although millions of Mr. ROTH. I thank the chairman dollars have already been spent to Whereas George Gershwin composed for his kind words. It is easy to say works acclaimed both as classical music and study various types of changes in the nice things about you, Mr. Chairman, as popular music, including "Rhapsody in currency, Treasury has only hinted at and about our ranking member, be­ Blue", "An American in Paris", "Concerto in what the final changes will be. We still cause we just tell the truth, and it is F", and "Three Preludes for Piano"; do not know if the most effective de­ always nice. I thank the gentleman. Whereas Ira Gershwin won a Pultizer terrents will be cost effective. Prize for the lyrics for "Of Thee I Sing", We don't even now which denomina­ Mr. HILER. Mr. Speaker, I yield the first lyricist ever to receive such prize; tions of currency will be changed. myself such time as I may consume. Whereas Ira Gershwin composed the Chairman .ANNuNzio has stated on Mr. Speaker, in closing I would like lyrics for major Broadway productions, in­ numerous occasions that changes in to compliment the gentleman from cluding "A Star is Born", "Lady in the Wisconsin and thank him for his Dark", "The Barkleys of Broadway", and currency should be based on four cri­ for hit songs, including "I Can't Get Start­ teria: deterrent capability, technical praise. He was an original sponsor of ed", "Long Ago and Far Away", and "The feasibility, cost effectiveness, and ac­ this legislation and had seen the need Man That Got Away"; ceptability. for Congress to have some oversight Whereas George and Ira Gershwin col­ The decision whether Treasury's ul­ over any change in our currency that laborated to compose the music and lyrics timate proposal meets those criteria does take place. The fact that this bill for major Broadway productions, including must rest with Congress. It should not is on the floor today and, hopefully, "Lady Be Good", "Of Thee I Sing", "Strike rest with the bureaucracy, however will pass quickly through the other Up the Band", "Oh Kay!", and "Funny sincere and well-intentioned it might body, as opposed to some other legisla­ Face"; tion that we recently passed off the Whereas George and Ira Gershwin col­ be. laborated to produce the opera "Porgy and The currency redesign process has so floor here, will in no small part be due Bess" and the 50th anniversary of its first far taken 4 years. Congress is still in to his efforts. performance will occur during 1985; the dark. The American people are I commend the chairman once again. Whereas George and Ira Gershwin col­ still in the dark as to what precisely Mr. Speaker, I yield back the bal­ laborated to compose the music and lyrics Treasury is planning. ance of my time. for important contributions to the Ameri­ I am sure the American people want can song, including "I Got Rhythm", "Sum­ Mr. ANNUNZIO. Mr. Speaker. I mertime", "Love is Here to Stay", "Fasci­ their money protected from counter­ have no further requests for time, and feiters, and they will most assuredly nating Rhythm", "Let's Call the Whole I yield back the balance of my time. Thing Off", "I Got Plenty of Nuthin' ", and accept changes in the currency which "Someone to Watch Over Me"; and will serve that end. The SPEAKER pro tempore. The question is on the motion offered by Whereas George and Ira Gershwin have But at the same time they have a made outstanding and invaluable contribu­ right to know what their Government the gentleman from Illinois [Mr. AN­ tions to American music, theatre, and cul­ is doing, and that the job is being done NUNZIO] that the House suspend the ture: Now, therefore, be it responsibly. rules and pass the bill. H.R. 48. as Resolved by the Senate and House of Rep­ Enactment of this legislation is the amended. resentatives of the United States of America only way we can ensure that the peo­ The question was taken; and the Presi­ ples' interests are best being served. thlrds having voted in favor thereof) dent of the United States is authorized to present, on behalf of the Congress, to So again, I want to commend my col­ the rules were suspended and the bill. Frances Gershwin Godowsky, the sister of league, the gentleman from Illinois, as amended. was passed. George Gershwin, and to Leonore Gersh­ the chairman, who is so conscientious A motion to reconsider was laid on win, the widow of Ira Gerswhin, gold medals and who is such a brilliant Member of the table. of appropriate design in recogniztion of 18966 CONGRESSIONAL RECORD-HOUSE July 15, 1985 George and Ira Gershwin's outstanding and pose. His death in 1983 marked the these colleagues in asking for prompt invaluable contributions to American music, end of an American musical era. adoption of this legislation. George theatre and culture. For such purpose, the The legislation authorizes an appro­ Secretary of the Treasury is authorized and and Ira Gershwin have enriched the directed to cause to be struck two gold priation of $18,500 to strike the gold life of our Nation as well as the lives medals with suitable emblems, devices, and medals. In addition, it provides for the of many individuals, and certainly de­ inscriptions to be determined by the Secre­ minting and sale of bronze duplicates serve to receive this honor. tary of the Treasury. There are authorized to recover the cost of the gold medals. Mr. Speaker, I thank the chairman to be appropriated not to exceed $18,500 to This provision is one which the Con­ of the subcommittee, the gentleman carry out the provisions of this subsection. sumer Affairs and Coinage Subcom­ from Illinois CMr . .ANNuNzrol, for his (b) The Secretary of the Treasury may mittee requires on all gold medal leg­ cause duplicates in bronze of such medal to prompt attention to this matter, and I be coined and sold under such regulations as islation to assure that there is no net might say that in my 6 months of he may prescribe, at a price sufficient to cost to the taxpayer from the minting being the ranking member of the sub­ cover the cost thereof, including labor, ma­ and presentation of the gold medals. committee, the chairman of the sub­ terials, dies, use of machinery, overhead ex­ Both George and Ira Gershwin were committee has never had a hearing penses, and the gold medals. The appropria­ giants of the American music scene. It that does not have some surprise in­ tion used to carry out the provisions of sub­ is appropriate to posthumously award volved. Last Wednesday we were fortu­ section shall be reimbursed out of the them congressional gold medals. They proceeds of such sales. nate to have Tony Bennett, an old SEC. 2. The medals provided for in this Act rightly will take their place with com­ friend of the gentleman from Illinois are national medals for purposes of chapter posers George M. Cohan and Irving CMr . .ANNuNzrol, appear before our 51 of title 31, United States Code. Berlin as recipients of congressional hearing. Tony Bennett sang several of The SPEAKER pro tempore. Is a gold medals for their musical contribu­ the Gershwin songs, and I am sure second demanded? tions. that his appearance before our sub­ Mr. HILER. Mr. Speaker, I demand Once again, Mr. Speaker, I want to committee helped to expedite the pas­ a second. pay tribute to the gentleman from In­ sage of this legislation and bring it to The SPEAKER pro tempore. With­ diana CMr. HILER], the ranking Repub­ the floor today. I complement the sub­ out objection, a second will be consid­ lican on our committee, for his coop­ committee chairman for his always ered as ordered. eration in helping to expedite and making our subcommittee hearings There was no objection. bring to the floor of this House this and markups extremely entertaining The SPEAKER pro tempore. The legislation that is going to do honor to in a very positive way. gentleman from Illinois CMr . .ANNuN­ two great Americans who have con­ Mr. Speaker, I yield back the bal­ zrol will be recognized for 20 minutes tributed so much to the cultural well­ ance of my time. and the gentleman from Indiana CMr. being of the American people. Mr. ANNUNIZO. Mr. Speaker, I HILER] will be recognized for 20 min­ Mr. Speaker, I reserve the balance of yield 2 minutes to the sponsor of the utes. my time. legislation, my distinguished col­ The Chair recognizes the gentleman D 1300 league, the gentleman from Illinois from Illinois CMr . .ANNuNzrnl. [Mr. YATES]. Mr. ANNUNZIO. Mr. Speaker, I Mr. HILER. Mr. Speaker, I yield yield myself such time as I may con­ myself such time as I may consume. Mr. YATES. Mr. Speaker, I want to sume. Mr. Speaker, I support the prompt thank my very good friend, the chair­ Mr. Speaker, House Joint Resolution adoption of House Joint Resolution man of the subcommittee, for bringing 251 authorizes the presentation of 251. This resolution provides adoption this bill to the floor as promptly as he congressional gold medals in honor of of House Joint Resolution 251. This did. George and Ira Gershwin. This resolu­ resolution provides for the striking of Mr. Speaker, I rise today as the tion, sponsored by my colleague from congressional gold medals in honor of original sponsor of House Joint Reso­ Illinois CMr. YATES] is cosponsored by George and Ira Gershwin, two truly lution 251, to speak on behalf of a 234 Members of the House. outstanding Americans. In addition, it joint resolution to provide a special George Gershwin is one of the provides for the production of bronze gold medal honoring George Gershwin giants of American music. At the age duplicates of these medals for sale to and a special gold medal honoring Ira of 6 he became fascinated by Rubin­ the public. Gershwin. stein's Melody in F. His childhood The two gold medals would be pre­ I strongly believe that the Gershwin piano teacher recognized his talents sented to relatives of the deceased brothers deserve special recognition immediately, writing that "the boy is a Gershwin brothers in recognition of from the Congress as highly gifted genius." He was writing songs by 15 their substantial contribution to and keenly sensitive artists whose and had his first song published when American music and culture. There achievements have enriched the lives he was 18. By 21 he had written the are few Americans living today who of Americans and shaped the world's music for his first Broadway show. On would not recognize at least some of perception of American culture. February 12, 1924, at the age of 25, his the words and music of these prodi­ Only two American composers have Rhapsody in Blue, with Gershwin giously talented songwriters. Most of been recipients of the congressional himself at the piano, was first per­ us have listened with great pleasure to gold medal-George M. Cohan for his formed. It met immediate acclaim. their work. Including masterpieces like patriotic songs "Over There" and "A Ira Gershwin, George's older broth­ "Summertime" from "Porgy and Grand Old Flag" and Irving Berlin for er, was a lyricist as renowned as his Bess," "Our Love Is Here to Stay," and "God Bless America" and other patri­ brother was as a composer. Fortunate­ many others too countless to mention. otic songs. ly for American music, the two often now. George Gershwin has been the cre­ collaborated, with Ira writing the The music of the Gershwins are pop­ ator of a music undeniably and distinc­ lyrics for the 1931 Pulitzer Prize-win­ ular in the first half of this century tively American, accepted and admired ning "Of Thee I Sing." when it was composed; it continues to throughout the world's theaters, con­ Their collective triumph was the touch the hearts of many Americans. cert halls, and opera houses, and on great American opera, "Porgy and The music of these talented brothers radio, film, and television. It is "patri­ Bess." It opened in 1935 to mixed re­ is certain to live on long after those of otic" American music in its capture of views, but over the years it has come us here today have passed away. an American musical idiom, full of to be acclaimed as have few modern Two hundred and thirty-four Con­ energy, invention, and diversity. In operas. gressmen have joined Congressman Leonard Bernstein's words, he was: For 46 years after George's untimely YATES in cosponsoring House Joint One of the true, authentic geniuses Amer­ death in 1937, Ira continued to com- Resolution 251. I am pleased to join ican music has produced • • •. CH el re- July 15, 1985 CONGRESSIONAL RECORD-HOUSE 18967 mains, one of the greatest voices that have was "the best ambassador for Amer­ Health Service Act to extend the pro­ ever rung out in the history of American ica" and in Berlin, "a revelation." "All grams of assistance for nurse educa­ urban culture. Paris Was in Charleston Last Night" tion, as amended. George Gershwin composed works was the headline in Le Figaro. An­ The Clerk read as follows: acclaimed both as classical and as pop­ other State Department tour this time H.R. 2370 ular music, including "Rhapsody in of the Middle East, beginning in 1954, Be it enacted by the Senate and House of Blue," "An American in Paris," "Con­ elicited significantly favorable re­ Representatives of the United States of certo in F," and "Three Preludes for sponses from a government official in America in Congress assembled. Piano." Of "Rhapsody in Blue," Zagreb and the Soviet Ambassador in SECTION I. SHORT TITLE: REFERENCE TO ACT. Deems Taylor wrote: Tel Aviv, the former noting that "only Ca) SHORT TITLE.-This Act may be cited Here was music, written in an unmistak­ a psychologically mature people could as the "Nurse Education Act of 1985". able jazz idiom, which nevertheless pos­ have put this on the stage,'' the latter (b) REFERENCE TO ACT.-Except as other­ sessed the structural solidity of a serious exclaiming: "If only we had 'Porgy wise specifically provided, whenever in this work. and Bess' how we'd sent it around." Act an amendment or repeal is expressed in And Taylor continued: terms of an amendment to, or a repeal of, a After a further performance in Barce­ section or other provision, the reference George's second orchestral piece, the lona, a newspaper there declared: shall be considered to be made to a section "Piano Concerto in F," commissioned by "Gershwin's music puts no limits on or other provision of the Public Health Walter Damrosch, and "An American in races and frontiers." And in 1956, Isz­ Service Act. Paris," went still further toward making a vestia proclaimed after the Leningrad lady of Jazz. SEC. 2. SPECIAL PROJECTS. performance: "Our American guests Ca> PROGRAM REVISION.-Section 820(a) (42 As Paul Whiteman said, in acclaim­ have shown that original art is under­ U.S.C. 296k is amended to read as finest symphonic composer, George George and Ira Gershwin are Ameri­ follows: Gershwin "was the first to take the can cultural heroes and are recognized "C4> demonstrate improved geriatric train­ jazz feeling and combine it in sym­ as such worldwide. They represent ing in preventive care, acute care, and long­ phonic form and still respect the sym­ that which is best in our rich tradition term care (including both home health care phony." of culture and the arts and especially and institutional care>;"; "Rhapsody in Blue" and "An Ameri­ C2> by striking out the period at the end of in the creation of masterworks to paragraph C5> and inserting in lieu thereof a can in Paris," are part of the American which all levels of taste can respond. semicolon; and musical language. Few Americans are The awarding of a gold medal to C3> by inserting after paragraph <5> the not familiar with these pieces. We also George and Ira Gershwin would give following: remember with great affection George due recognition by the Congress of "(6) demonstrate clinical nurse education Gershwin's more popular songs, begin­ their great contributions nationally programs which combine educational curric­ ning with his first hit, "Swanee." and internationally. ula and clinical practice in health care deliv­ Ira Gershwin composed lyrics for ery organizations, including acute care fa­ Mr. Speaker, again let me thank the cilities, long-term care facilities, and ambu­ major Broadway and film productions, distinguished chairman of the subcom­ including "A Star Is Born,'' "Lady in latory care facilities; mittee, the gentleman from Illinois "C7> demonstrate methods to improve the Dark,'' "The Barclays of Broad­ [Mr. A.NNuNz1ol, and the ranking mi­ access to nursing services in noninstitu­ way," and for individual hit songs in­ nority member, the gentleman from tional settings through support of nursing cluding "I Can't Get Started,'' "Long Indiana [Mr. HILER], for bringing this practice arrangements in communities; or Ago and Far Away,'' and "The Man bill to the floor today. "C8> demonstrate methods to encourage That Got Away." To the two Gersh­ Mr. ANNUNZIO. Mr. Speaker, I nursing graduates to practice in health wins we owe the lyrics and music to have no further requests for time, and manpower shortage areas by amending the first sentence to read "Lady Be Good,'' was the first prod­ rules and pass the joint resolution, as follows: "For payments under grants and uct of the collaboration of the two House Joint Resolution 251, as amend­ contracts under subsection Ca>, there are au­ brothers, followed by such significant ed. thorized to be appropriated $9,500,000 for Broadway shows as "Oh, Kay,'' Strike The question was taken, and is amended to power of the stage." Because Pulitzer read as follows: GENERAL LEAVE Prizes were then not awarded to com­ ''ADVANCED NURSE EDUCATION posers, George Gershwin was unable Mr. ANNUNZIO. Mr. Speaker, I ask "SEc. 821. Ca> The Secretary may make to share in the honor. It is appropriate unanimous consent that all Members grants to and enter into contracts with that House Joint Resolution 251 rec­ may have 5 legislative days in which to public and private nonprofit collegiate ognizes these two artists simultaneous­ revise and extend their remarks on the schools of nursing to meet the costs of ly by awarding each a congressional legislation just passed. projects to- gold medal. Moreover, 1985 is the 50th The SPEAKER pro tempore. Is "Cl> plan, develop, and operate, anniversary of the two brothers' col­ there objection to the request of the "<2> expand, or laboration in producing a masterpiece gentleman from Illinois? "C3> maintain, in American opera, "Porgy and Bess." There was no objection. programs which lead to masters' and doctor­ Perhaps more than any of the al degrees and which prepare nurses to Gershwin brothers' works, this opera serve as nurse educators, administrators, or NURSE EDUCATION ACT OF 1985 researchers or to serve in clinical nurse spe­ is widely regarded internationally as a cialties determined by the Secretary to re­ masterpiece of American genius. Its Mr. WAXMAN. Mr. Speaker, I move quire advanced education. The Secretary 1952 State Department tour of Europe to suspend the rules and pass the bill shall give priority to applicants for projects inspired these accolades: in Vienna it For the purpose of making grants tracts under subsection Ca), there are au­ ing in lieu thereof "education"; and under this section there are authorized to thorized to be appropriated $16,500,000 for <2> by inserting "and nurse midwives" be appropriated $800,000 for fiscal year fiscal year 1986, $17,325,000 for fiscal year after "nurse practitioners". 1986, $840,000 for fiscal year 1987, $880,000 1987, and $18,200,000 for fiscal year 1988.". Cd) AUTHORIZATIONS.-Section 822(e) is for fiscal year 1988. Not more than 20 per­ SEC. 4. NURSE PRACTITIONER AND NURSE MIDWIFE amended to read as follows: cent of the amount appropriated under this PROGRAMS. " For payments under grants and con­ subsection for any fiscal year shall be obli­ (a) TRAINING PROGRAMS.- tracts under this section there are author­ gated for grants described in the second sen­ (!) Paragraph Cl) of section 822Ca> <42 ized to be appropriated $12,000,000 for fiscal tence of subsection Cb).". U.S.C. 296m(a)) is amended to read as fol­ year 1986, $12,600,000 for fiscal year 1987, (C) TECHNICAL.- lows: $13,230,000 for fiscal year 1988.". (!) Section 831 and by redesignating subsec­ <2> The section heading heading for such health, public or nonprofit private schools tion as subsection . section is amended by striking out "TRAIN­ of medicine which received grants or con­ <2> The heading for section 822 is amend­ EESHIPS FOR TRAINING OF''. tracts under this subsection before to Octo­ ed to read as follows: SEC. 7. STUDENT LOANS. ber 1, 1985, public or nonprofit private hos­ "NURSE PRACTITIONER AND NURSE MIDWIFE pitals, and other public or nonprofit private PROGRAMS". (a) PROGRAM REVISION.-Subsections (a) entities to meet the cost of projects to- and of section 838 <42 U.S.C. 297b) are "CA) plan, develop, and operate, SEC. 5. TRAINEESHIPS FOR ADVANCED EDUCATION amended to read as follows: "CB> expand, or OF PROFESSIONAL NURSES. "(a)(l) The Secretary shall from time to "CC) maintain, (a) PROGRAM REVISION.-Paragraph (1) of time set dates by which schools of nursing section 830 (42 U.S.C. 297Ca)) is amended programs for the education of nurse practi­ must file applications for Federal capital to read as follows: contributions. tioners and nurse midwives. The Secretary "O> The Secretary may make grants to shall give special consideration to applica­ public or nonprofit private schools of nurs­ "C2> If the total of the amounts re­ tions for grants or contracts for programs ing and public health, public or nonprofit quested for any fiscal year in applications for the education of nurse practitioners and private hospitals, and other public or non­ under paragraph <1 > exceeds the total nurse midwives who will practice in health profit private entities to cover the cost of amount appropriated under section 837 for manpower shortage areas (designated under traineeships for nurses in masters' degree that fiscal year, the allotment from such section 332> and for the education of nurse and doctoral degree programs in order to total amount to the loan fund of each practitioners which emphasize education re­ school of nursing shall be reduced to which­ specting the special problems of geriatric educate such nurses to- ever of the following is the smaller: "(i) serve in and prepare for practice as patients to such patients) nurse researchers, or ratio to the total amount appropriated as and education to meet the particular needs "(iii) serve in and prepare for practice in the number of students estimated by the of nursing home patients and patients who other professional nursing specialities deter­ Secretary to be enrolled on a full-time basis are confined to their homes.". mined by the Secretary to require advanced in such school during such fiscal year bears <2> Paragraph <2> of such section is education. to the estimated total number of students amended- enrolled in all such schools on a full-time by amending subparagraph to read "CB> The Secretary may make grants to public and private nonprofit schools of nurs­ basis during such year. as follows: "CB) Amounts remaining after allotment " For purposes of this section, the term ing and appropriate public and private non­ profit entities to cover the cost of trainee­ under subparagraph shall be reallotted 'programs for the education of nurse practi­ in accordance with clause of such sub­ tioners and nurse midwives' means educa­ ships to educate nurses to serve in and pre­ cm pared for practice as nurse midwives.". paragraph among schools whose applica­ tional programs for registered nurses and which have as their objective the thorized to be appropriated for the purposes of subsection . $11,500,000 for fiscal year <3> from exceeding the total so requested by education of nurses (including pediatric and it. geriatric nurses> who will, upon completion 1986, $12,100,000 for fiscal year 1987, of their studies in such programs, be quali­ $12,700,000 for fiscal year 1988."; and "(3) Funds which, pursuant to section fied to provide effectively primary health (2) by striking out the second sentence of 839 or pursuant to a loan agreement care, including primary health care in such subsection. under section 835, are returned to the Secre­ (C) tary in any fiscal year, shall be available for homes and in ambulatory care facilities, CONFORMING AMnmMENT.-Section 830 long-term care facilities by striking out "training'' in the first thereof "EDUCATION". described in the preceding sentence shall be sentence of subparagraph and inserting SEC. 6. NURSE ANESTHETISTS. allotted among schools of nursing in such in lieu thereof "education"; and (a) PROGRAM REVISION.-Section 831 (42 manner as the Secretary determines will by inserting "and nurse midwives" U.S.C. 297-1} is amended by redesignating best carry out this subpart, except that in before the period in the first sentence of subsection Cb) as subsection and by in­ making such allotments, the Secretary shall subparagraph . serting after subsection the following give priority to schools of nursing which es­ Cb) TRAINEESHIPS.-Section 822(b) is new subsection: tablished student loan funds under this sub­ amended- "Cb) The Secretary may make grants to part after September 30, 1975. (!) by striking out "nursing, medicine, and public or private nonprofit institutions to "Cb> Allotments to a loan fund of a school public health," in paragraph is amended- before the period in the first sentence of viding financial assistance and support to (!) by striking out "1987," each place it paragraph and Cb> and in­ (3) by inserting "or nurse midwife" after are faculty members of accredited programs serting in lieu thereof "1991,"; and "practitioner" in paragraph <3>; and to enable such nurse anesthetists to obtain <2> by adding at the end thereof the fol­ <4> by inserting "or in a public health care advanced edcuation relevant to their teach­ lowing new subsection: facility" before "for a period" in paragraph ing functions.". "(c)Cl) Within 90 days after the termina­ (3). (b) AUTHORIZATIONs.-Section 831 of this sec­ section 835 or the termination in any other amended- tion> is amended to read as follows: manner of a school's participation in the July 15, 1985 CONGRESSIONAL RECORD-HOUSE 18969 loan program under this subpart, such "PART A-SPECIAL PROJECTS". "(ii) thirty days after the date of enact­ school shall pay to the Secretary, from the <4> The heading for title VIII is amended ment of this subsection or, if later 180 days balance of the loan fund of such school es­ to read as follows: after the date of the sale, transfer, or tablished under section 835, an amount change of use for which a notice is required which bears the same ratio to the balance in "TITLE VIII-NURSE EDUCATION". by subsection , in the case of a facility such fund on the date of such termination (C) TEcHNICAL AKENDMENTS.- which was sold or transferred or the use of as the total amount of the Federal capital (l)(A) Section 804 C42 U.S.C. 296c) is re­ which changed before the date of the enact­ contributions to such fund by the Secretary designated as section 858 and is amended to ment of this subsection, pursuant to section 835Cb>C2> bears to read as follows: the amount which the United States is enti­ the total amount in such fund on such date "RECOVERY FOR CONSTRUCTION ASSISTANCE tled to recover under paragraph <1 > with re­ derived from such Federal capital contribu­ "SEC. 858. Ca> If at any time within 20 spect to a facility shall be the amount pre­ tions and from funds deposited in the fund years plus interest, pursuant to section 835Cb)(2)(B). The re­ Secretary may prescribe by regulation for during the period described in subparagraph maineder of such balance shall be paid to an interim facility> after the completion of . at a rate the school. construction of a facility with respect to based on the average of the bond equivalent "<2> A school to which paragraph Cl> ap­ which funds have been paid under subpart I of the weekly ninety-one-day Treasury bill plies shall pay to the Secretary, after the of part A The period referred to in subpara­ paragraph and not less than quarterly, the "Cl) The facility is sold or transferred to graph is the period beginning- same proportionate share of amounts re­ an entity which is not a public or nonprofit "(i) in the case of a facility which was sold ceived by the school after the date of termi­ school or the owner shall cease to be a or transferred or the use of which changed nation referred to in paragraph (1) in pay­ public or nonprofit school, before the date of the enactment of this ment of principal or interest on loans made "<2> the facility shall cease to be used for subsection, thirty days after such date or if from the loan fund as was determined for the training purposes for which it was con­ later 180 days after the date of the sale, the Secretary under such paragraph.". structed, or transfer, or change of use for which a notice SEC. 8. LOANS. "(3) the facility is used for sectarian in­ is required by subsection , Subpart II of part B of title VIII is struction or as a place for religious worship, "(ii) in the case of a facility which was amended by adding at the end the follow­ the United States shall be entitled to recov­ sold or transferred or the use of which ing: er, whether from the transferor or the changes on or after the date of enactment "GENERAL PROVISIONS transferee The Secretary is authorized has ceased to be a public or nonprofit school or to be used for a purpose referred to in subsection Cb>, upon the expiration of 180 to attempt to collect any loan which was days after the reeeipt of such notice, or made under this subpart, which is in de­ paragraph (2) or is used for sectarian in­ struction or religious worship, from the "(iii) in the case of a facility which was fault, and which was referred to the Secre­ sold or transferred or the use of which tary by a school with which the Secretary owners thereof) an amount determined under subsection Cc>. changes on or after the date of enactment has an agreement under this subpart. Such of this subsection, and with respect to a collection shall be made on behalf of such "Cb> The transferor of a facility which is sold or transferred as described in para­ which such notice is not provided as pre­ school under such terms and conditions as scribed by sut-section , on the date of the the Secretary may prescribe of subsection Ca), the owner of a facility which ceases to be a public or non­ sale, transfer, or changes for which such imbursement from the school's student loan notice was to be provided, fund for expenses the Secretary may rea­ profit school, or the owner of a facility the sonably incure in attempting collection>. use of which is changed as described in and ending on the date the amount the Scuh a collection may be made only if the paragraph (2) or (3) of subsection (a), shall United States is entitled to under paragraph school has complied with such requirements provide the Secretary written notice of such <1> is collected. as the Secretary may specify by regulation sale, transfer, or change- " The Secretary may waive the recov­ with respect to the collection of loans under "Cl> not later than- ery rights of the United States under sub­ this subpart. A loan referred for collection "CA> ten days after the date on which section <2> with respect to a facility in shall be treated as a debt subject to section such sale, transfer, or change of use occurs, any State if the Secretary determines, in ac­ 5514 of title 5, United States Code. Amounts in the case of a facility which is sold or cordance with regulations, that there is collected shall be deposited in the school's transferred or the use of which changes on good cause for waiving such rights with re­ student loan fund. Whenever the Secretary or after the date of the enactment of this spect to such facility. desires the institution of a civil action re­ subsection, or " The right of recovery of the United garding such loan, the Secretary shall refer " CB> thirty days after the date of the en­ States under subsection shall not consti­ the matter to the Attorney General for ap­ actment of this subsection, in the case of a tute a lien on any facility with respect to propriate action. facility which was sold or transferred or the which funds have been paid under this "Cb> In any case in which the Secretary in­ use of which changed before the date of the title.". tends to terminate an agreement with a enactment of this subsection, or Within one hundred and eighty days school under this subpart, the Secretary "<2> if the Secretary determines that such after the date of the enactment of this sec­ shall provide the school with a written notice with respect to such change should tion, the Secretary shall have in effect regu­ notice specifying such intention and stating more appropriately be made in the annual lations to carry out subsection of section that the school may request a form.ea! hear­ report to the Secretary of the person re­ 858 of the Public Health Service Act Except as provided in paragraph <2> Section 853(1) <42 U.S.C. 298b(l)) is Secretary shall provide such school with a <2>, the amount the United States shall be amended by striking out "the Canal Zone," hearing conducted by an administrative law entitled to recover under subsection is an and inserting in lieu thereof "the Common­ judge.". amount bearing the same ratio to the then wealth of the Northern Mariana Islands,". value Section 853(6) <42 U.S.C. 298<6» is SEC. 8. REPE~ AND TECHNICAL AMENDMENTS. the parties or in an action brought in the amended to read as follows: Ca> REPEALS.-Sections 801, 802, 803, 805, district court of the United States for the "(6) The term 'accredited' when applied to 810, 811, and 815 (42 U.S.C. 296, 296a, 296b, district for which the facility involved is sit­ any program of nurse education means a 296d, 296e, 296f, and 296j) are repealed. uated> of so much of the facility as consti­ program accredited by a recognized body or (b) CONFORMING AllENDMENTS.-Cl) Part A tuted an approved project or projects as the bodies, or by a State agency, approved for of title VIII is amended by striking out the amount of the Federal participation bore to such purpose by the Secretary of Education headings for subparts I, II, III, and IV. the cost of the construction of such project and when applied to a hospital, school, col­ <2> Section 851Cb> (42 U.S.C. 298(b)) is or projects. lege, or university After the expiration of- a hospital, school, college or university in the case of a approved for such purpose by the Secretary subpart III of part A". facility which is sold or transferred or the of Education, except that a school of nurs­ (3) The heading for part A of title VIII is use of which changes on or after the date of ing seeking an agreement under subpart II amended to read as follows: the enactment of this subsection, or of part B for the establishment of a student 18970 CONGRESSIONAL RECORD-HOUSE July 15, 1985 loan fund, which is not, at the time of the the growth in need. Just last year the Mr. GILMAN. Mr. Speaker, I rise in application under such subpart, eligible for Department of Health and Human support of H.R. 2370, the nurse train­ accreditation by such a recognized body or Services estimated that within 15 bodies or State agency, shall be deemed ac­ ing amendments. I would like to thank credited for purposes of such subpart if the years, the Nation will have only half the gentleman from California, the Secretary of Education finds, after consulta­ the number of specially trained nurses distinguished chairman of the Sub­ tion with the appropriate accreditation needed. committee on Health and the Environ­ body or bodies, that there is reasonable as­ This is especially important in a ment, Mr. WAXMAN, and the ranking surance that the school will meet the ac­ time of diminishing resources for pro­ minority member gentleman from Illi­ creditation standards of such body or bodies viding care for the poor. Nurse mid­ nois Mr. MADIGAN, for bringing, this prior to the beginning of the academic year wives and nurse practitioners have important health education legislation following the normal graduation date of stu­ long been relied upon to provide high before us today. dents who are in their first year of instruc­ quality care to the poor at relatively tion at such school during the fiscal year in While the Federal Government has which the agreement with such school is low cost. provided assistance for nursing educa­ made under such subpart; except that the The bill provides continued support tion since the 1930's, the first compe­ provisions of this clause shall not apply for directly to students, as well as pro­ hensive proposal to provide funds for purposes of section 838. For the purpose of gram support for the schools and grad­ these programs was not established this paragraph, the Secretary of Education uate programs. The authorization until 1964. At that time the Nurse shall publish a list of recognized accrediting level is a "freeze" level. Training Act was passed in response to bodies, and of State agencies, which the Sec­ I urge my colleagues to support the retary of Education determines to be reli­ a severe nationwide shortage of pro­ bill. fessional nurses. Under title VIII of able authority as to the quality of education Mr. MADIGAN. Mr. Speaker, I yield offered.". myself such time as I may consume. the Public Health Services Act we The SPEAKER pro tempore. Pursu­ Mr. Speaker, I rise in support of have been able to provide institutional ant to the rule, a second is not re­ H.R. 2370, a bill which provides a 3- support for nursing schools as well as quired on this motion. year reauthorization of the public direct financial assistance to nursing The gentleman from California [Mr. Health Service's nursing education students. Since 1964 the number of WAXMAN] will be recognized for 20 programs. Since the establishment of registered nurses has more than dou­ minutes and the gentleman from Illi­ these programs in the mid-1960's the bled from 550,000 to 1.7 million. Many nois [Mr. MADIGAN] will be recognized ability of nursing schools to stipply studies however, suggest that short­ for 20 minutes. our society with highly trained nurses ages of nurses educated for specialized The Chair recognizes the gentleman has changed dramatically. Because the and independent practice still exist. It from California [Mr. WAXMAN]. country no longer faces a shortage of is essential there!ore, that we in Con­ gress continue to respond accordingly GENERAL LEAVE nurses, it had become necessary to re­ assess the focus and level of Federal by enacting this legislation. Mr. WAXMAN. Mr. Speaker, I ask Among the programs authorized in unanimous consent that all Members funding. This legislation is the result may have 5 legislative days in which to of such a reassessment. this measure, H.R. 2370 establishes H.R. 2370 incorporates many of the new program initiatives in clinical revise and extend their remarks on the nursing education programs for acute bill under consideration. recommendations of the Institute of The SPEAKER pro tempore. Is Medicine's study on nursing and nurs­ care, long-term care and ambulatory there objection to the request of the ing education policies, by focusing care facilities. This new program cou­ gentleman from California? Federal grants on the training of pled with demonstration projects fo­ There was no objection. nurse practitioners and nursing educa­ cusing on improved geriatric care and Mr. WAXMAN. Mr. Speaker, I yield tion programs which lead to masters nursing practice arrangements for myself such time as I may consume. and doctoral degrees. The legislation noninstitutional settings, are especial­ Mr. Speaker, the bill H.R. 2370 ex­ also authorizes funds for special ly timely. As our senior citizens popu­ tends for 3 years the programs of as­ projects and demonstration projects lation continues to grow we must be sistance for nursing students and nurs­ which will focus on specific needs of able to address their health care needs ing schools. The authorization levels the nursing profession and alternative efficiently and effectively. Adoption of for 1986 are the same as appropria­ methods of patient care delivery. H.R. 2370 will help us achieve that tions for 1985. The authorization levels in H.R. goal. The Federal Government has recog­ 2370 for fiscal years 1986 through 1988 H.R. 2370 also provides support for nized the need for adequately educat­ are $50.3 million, $52.8 million, and advanced nurse training and programs ed nurses for a number of years. In $55.51 million respectively. These au­ in nurse practioner and nurse midwife years past, much of the Federal effort thorization levels represent a freeze of training. While our medical doctors has been directed toward simply get­ the 1985 appropriation in fiscal 1986 provide a very real service, it is the ting enough nurses to staff hospitals and 5 percent inflationary increases in nurses who establish and maintain clinics, and nursing homes. In th~ fiscal years 1987 and 1988. Although that vital human contact with the pa­ effort the old programs of the Public the administration proposed to elimi­ tient. Let us appropriately acknowl­ Health Service have been remarkably nate funding for the nursing programs edge their contribution and their tal­ successful. in its 1986 budget proposal, both the ents by adopting this legislation. More recently, however, a different House and Senate budget resolutions Mr. WAXMAN. Mr. Speaker, I ask shortage of nurses has been identified. include funding for these programs at unanimous consent to correct a techni­ The Institute of Medicine and the Na­ the 1985 appropriation level. The cal error by renumbering a section in fiscal year 1986 authorization levels the bill, as follows: tional Academy has reported to the contained in this legislation, as report­ Congress that there is and will contin­ Page 15, line 18 strike "SEC. 8." and insert ed by the Committee on Energy and "SEC. 9." in lieu thereof. ue to be a shortage of nurses prepared Commerce, conform with both budget for advanced practice-nurse mid­ resolutions. The SPEAKER. Is there objection wives, nurse practitioners, and nursing In conclusion, I urge my colleagues to the request of the gentleman from administrators and educators. As sci­ to join me in supporting H.R. 2370. California? ence advances in care, the need for There was no objection. specially trained nurses-such as those 0 1310 Mr. WAXMAN. Mr. Speaker, I re­ in coronary care or in intensive care­ Mr. GILMAN. Mr. Speaker, will the serve the balance of our time. increases also. gentleman yield? Mr. MADIGAN. Mr. Speaker, I yield But the supply of these specially Mr. MADIGAN. I am happy to yield such time as he may consume to the trained nurses is not keeping up with to the gentleman from New York. gentleman from Utah [Mr. NIELSON], a July 15, 1985 CONGRESSIONAL RECORD-HOUSE 18971 member of the Health and Environ­ commodate the concern of the minori­ There is one future challenge to ment Subcommittee. ty with increasing authorization levels. nursing that particularly concerns me, Mr. NIELSON of Utah. Mr. Speaker, Mr. WAXMAN. Mr. Speaker, will a challenge that could turn into a this bill did go through the Health the gentleman yield? crisis: How to deal with the medical and Environment Subcommittee and Mr. BROYHILL. I yield to the gen­ needs of the increasing number of el­ also the full committee with relatively tleman from California. derly in our population. I am grateful little opposition. The main concern Mr. WAXMAN. Mr. Speaker, I that the committee agreed to my was whether or not we should contin­ thank the gentleman for yielding to amendments which placed special em­ ue the program. Evidence was given me. phases on geriatric training for nurses that there is still a shortage in certain The gentleman is correct, that last by directing the Public Health Service areas of the nursing profession, even year the authorization was $69 mil­ to give priority to training projects in though in total there is not a shortage lion. The authorization for 1985 is geriatric nursing. that there was in 1960 when this pro­ $50.3 million. By the year 2000, the number of gram was started. There is some question I would raise Americans over age 65 will increase by I was opposed to the bill to begin as to the full accuracy of the gentle­ 10 million and the number of people with because it was overbudgeted; man's statement when it comes to the over age 85 will double. The elderly however, the committee did bring it outyears; but what we have done is will make 40 percent more doctors down so that it is now at a freeze at frozen the authorization and allowed visits and require 50 percent more hos­ last year's level. Both the House and increases thereafter only for the 5 per­ pitals care. Health care expenditures the Senate are agreeing to keep this cent. This is much less than what was for older people are generally three program. The budget is agreed on authorized for the program last year and one half times that of people both areas. and what was authorized in the bill under 65. Therefore, I now will support the that passed the Congress at the end of ADEQUACY OF CARE TODAY QUESTIONED bill; however, I do think that we ought the last Congress. to take a good look at these programs Mr. MADIGAN. Mr. Speaker, if I Several studies have revealed that which were put in during the years may reclaim my time and respond to nursing care of the elderly today is right after the Vietnam war in the six­ the gentleman, the bill last year pro­ hardly in excess. The average nursing ties, both the nurse training amend­ posed authorizations of $75 million in home patient in a skilled nursing facil­ ments and the health manpower pro­ 1987 and $81 million in 1988. ity receives only 12 minutes of direct gram which is to come in a few min­ In this bill as a result of the Broyhill care by a registered nurse per day and utes, and take a look at phasing these amendment being adopted in the com­ only 7 minutes per day in an interme­ out over a period of time. We do not mittee, rather than $75 million, the diate care facility. Only 22 percent of have the political clout to do it at this nursing homes have a registered nurse authorization is $52 million; and on duty around the clock. In many time, but I do think we need to take a rather than $81 million, it is $55 mil­ very good look at them. cases, nursing functions are performed lion. This bill is not only substantially by aides and licensed practical nurses. Although I am reluctant to support less than the bill last year, but is also it, I think we should make a very care­ substantially less than the bill that is Perhaps more compelling than the ful examination of the health profes­ pending in the Senate. raw numbers is the finding of the Na­ sions. We need to be sure that we have Mr. BROYHILL. Mr. Speaker, if the tional Academy of Sciences on the an adequate supply. We need to be gentleman will yield further, I thank quality of health care for the elderly: sure also that we do not have an over­ the gentleman for that explanation. "There is a tendency for nurses and supply and that is where we have to be Mr. Speaker, on the basis of that, I physicians alike to inappropriately dis­ very careful. urge my colleagues to vote for and miss treatable symptoms, too often I can see a lot of monitoring. For automatically regarding them as a support this bill today. part of an inevitable, irreversible proc­ those reasons, I do support the bill, be­ Mr. MADIGAN. Mr. Speaker, I cause it has been accepted by the com­ ess of aging. The result is unnecessary thank the gentleman from North disability and institutionalization. mittee and the finances have been Carolina for his contribution today as brought back in line, but I think it is Many elderly could remain at home, or well as his help in fashioning this com­ in a less restrictive evironment, if a something that we need to take a very promise in the committee. careful look at. greater emphasis were placed on their e Mr. WALGREN. Mr. Speaker, I am special needs. . . ." The Academy has Mr. MADIGAN. Mr. Speaker, I yield pleased today to support H.R. 2370, such time as he may consume to the observed that the largest single group the extension of the Nurse Training that suffers from lack of adequate ranking member of the full committee, Act. As a member of the Health Sub­ the gentleman from North Carolina nursing services today is the elderly. committee, I am all too keenly aware Thus, even with the nurses we have, [Mr. BROYHILL]. of the need to make sure we have an Mr. BROYHILL. Mr. Speaker, I the elderly are not getting proper adequate supply of health personnel health care. thank the gentleman for yielding. in the needed specialities and in all I would like the attention of the gen­ places where they are needed. Several NURSING CARE IN THE FUTURE tleman from Illinois and also of the studies, including the National Acade­ The problem of providing adequate gentleman from California. my of Sciences and the Surgeon Gen­ nursing care to the elderly is only A number of Members have asked eral have found that we are facing going to get worse in the future. There me questions with respect to the au­ nursing shortages in certain speciality will be more elderly people and there thorization levels in these bills. I have and geographic areas. This bill is de­ will be move elderly people with dis­ assured them that these bills contain signed to respond to some of those abilities <42 U.S.C. 295g-3(d)) is grams for institutional care, only 1 in Be it enacted by the Senate and House of amended by striking out "and" after "1983," 10 have specific courses in geriatric Representatives of the United States of and by inserting before the period a comma nursing. Less than 1 percent of nurses America in Congress assembled. and "$4,800,000 for the fiscal year ending hold master's or doctoral degrees with SECTION 1. SHORT TITLE AND REFERENCE TO ACT. September 30, 1986, $5,000,000 for the fiscal a primary focus on geriatrics. The Na­ (a) SHORT TITLE.-This Act may be cited year ending September 30, 1987, and tional Institute on Aging has observed as the "Health Professions Educational As­ $5,250,000 for the fiscal year ending Sep­ sistance Amendments of 1985". tember 30, 1988". that the largest single problem in (b) REFERENCE TO ACT.-Whenever in this strengthening the geriatric content of SEC. 8. GENERAL INTERNAL MEDICINE AND GENER­ Act an amendment or repeal is expressed in AL PEDIATRICS. nursing education is the inadequate terms of an amendment to, or a repeal of, a Section 784 <42 U.S.C. 295g-4Cb)) is preparation of faculty. NIA predicts section or other provision, the reference amended by striking out "and" after "1983," that 2,000 faculty members are needed shall be considered to be made to a section and by inserting before the period a comma to teach geriatric nursing. or other provision of the Public Health and "$19,800,000 for the fiscal year ending Service Act. In the bill, the special emphasis on September 30, 1986, $20,600,000 for the geriatrics in special projects, the nurse PART A-AUTHORIZATIONS fiscal year ending September 30, 1987, and SEC. 2. SCOPE AND DURATION OF FEDERAL WAN $24,000,000 for the fiscal year ending Sep­ practitioner program and the ad­ INSURANCE PROGRAM. tember 30, 1988". vanced nurse education program is an Section 728 <42 U.S.C. 294a by striking out the first sentence and Section 786Cc> <42 U.S.C. 295g-6Cc» is training is only half the battle. We inserting in lieu thereof the following: "The amended- have to design financing programs to total principal amount of new loans made <1> by striking out "and" after "1983," and attract and retain capable and con­ and installments paid pursuant to lines of by inserting before the period a comma and credit to borrow­ "$37,100,000 for the fiscal year ending Sep­ cerned people to geriatric nursing. ers covered by Federal loan insurance under tember 30, 1986, $38,800,000 for the fiscal Turnover rates in nursing home are this subpart shall not exceed $250,000,000 year ending September 30, 1987, and over 100 percent per year; employee for fiscal year 1985, $275,000,000 for fiscal $43,000,000 for the fiscal year ending Sep­ benefits in nursing homes are woefully year 1986, $290,000,000 for fiscal year 1987, tember 30, 1988"; and inadequate. Scotland and Scandanavia and $305,000,000 for fiscal year 1988. If the (2) by striking out "and" after "1983," in have a markedly different approach­ total amount of new loans made and install­ the second sentence and by inserting "Sep­ ments paid pursuant to lines of credit in any tember 30, 1986, September 30, 1987, and they give salary bonuses to staff who fiscal year is less than the ceiling estab­ work in geriatrics and long-term care. September 30, 1988," after "1984,". lished for such year by the preceding sen­ SEC. 10. EDUCATIONAL ASSISTANCE TO INDIVID· Our values are now facing a crucial tence, the difference between the loans UALS FROM DISADVANTAGED BACK· test with repect to health care for the made and installments paid and the ceiling GROUNDS. elderly and we must decide if we care shall be carried over to the next fiscal year The first sentence of section 787 <42 enough to create a health care system and added to the ceiling applicable to that U.S.C. 295g-7Cb)) is amended by striking out that will meet their needs. fiscal year.". "and" after "1983," and by iru;erting before <2> by striking out "1987," in the last sen­ the period a comma and "$24,000,000 for the I hope the House will agree and help tence and inserting in lieu thereof "1991,". fiscal year ending September 30, 1986, us begin to address a problem that is SEC. 3. STUDENT WANS. $25,200,000 for the fiscal year ending Sep­ only going to worsen if we do noth­ (a.) AUTHORIZATION.-Section 742(a) (42 tember 30, 1987, and $26,500,000 for the ing.e U.S.C. 294o(a)) is amended by striking out fiscal year ending September 30, 1988". Mr. MADIGAN. Mr. Speaker, I have "and" after "1983," and by inserting before SEC. 11. CURRICULUM DEVEWPMENT AND FACUL­ no further requests for time, and I the period a comma and "$2,000,000 for the TY TRAINING GRANTS. yield back the balance of my time. fiscal year ending September 30, 1986, Section 788Cf> <42 U.S.C. 295g-8Cf» is $2,100,000 for the fiscal year ending Sep­ amended- Mr. WAXMAN. Mr. Speaker, I do tember 30, 1987, and $2,200,000 for the fiscal <1> by inserting "Cl>" before "For"; want to express my appreciation to my year ending September 30, 1988". <2> by striking out "this section,'' and in­ colleagues on both sides of the aisle in (b) DISTRIBUTION OP AssETs.-Section 743 serting in lieu thereof "subsections , Cb), the subcommittee who worked to fash­ <42 U.S.C. 294p) is amended by striking out , Ce), and Cf>,"; ion this legislation, and I urge its "1987" each place it appears and inserting <3> by striking out "and" after "1983;"; adoption. in lieu thereof "1991". <4> by inserting before the period a semi­ SEC. 4. SCHOLARSHIPS FOR STUDENTS OF EXCEP· colon and "$3,000,000 for the fiscal year Mr. Speaker, I yield back the bal­ TIONAL FINANCIAL NEED. ending September 30, 1986; $3,200,000 for ance of my time. Section 758Cd> <42 U.S.C. 294zCd)) is the fiscal year ending September 30, 1987; The SPEAKER pro tempore. The amended by striking out "and" after "1983," and $3,300,000 for the fiscal year ending question is on the motion offered by and by inserting before the period a comma September 30, 1988"; and and "$7,000,000 for the fiscal year ending <5> by adding at the end thereof the fol­ the gentleman from California [Mr. September 30, 1986, $7,350,000 for the fiscal lowing: WAXMAN] that the House suspend the year ending September 30, 1987, and "<2> For purposes of subsection Cd), there rules and pass the bill, H.R. 2370, as $7. 700,000 for the fiscal year ending Sep­ are authorized to be appropriated $2,000,000 amended. tember 30, 1988". for the fiscal year ending September 30, The question was taken; and <42 U.S.C. 295g <42 the table. September 30, 1987, and $8,300,000 for the U.S.C. 295g-8b The term 'graduate program in clini­ ending September 30, 1987". mum, require that such a program- cal psychology' means an accredited gradu­ SEC. 13. GRADUATE PROGRAMS IN HEALTH ADMIN­ "(i} extend for at least one academic year ate program in a public or nonprofit private ISTRATION. and consist of- institution in a State which provides train­ Section 79l C42 U.S.C. 295hCd)) is "CU supervised clinical practice, and ing leading to a doctoral degree in clinical amended by striking out "and" after "1983," "CID at least four months Cin the aggre­ psychology or an equivalent degree.". and by inserting before the period a comma gate> of classroom instruction, <2> Section 701(5) C42 U.S.C. 292aC5)) Cas and "$1,500,000 for the fiscal year ending directed toward preparing students to deliv­ amended by section 17 of this Act> is fur­ September 30, 1986, $1,575,000 for the fiscal er health care; ther amended- year ending September 30, 1987, and "(ti} have an enrollment of not less than CA> by striking out "or" after "chiroprac­ $1,650,000 for the fiscal year ending Sep­ eight students; and tic,"; and tember 30, 1988". "(iii} train students in primary care, dis­ ease prevention, health promotion, geriatric CB) by inserting "or a graduate program in SEC. 14. TRAINEESHIPS FOR STUDENTS IN OTHER medicine, and home health care.". clinical psychology," after "health adminis­ GRADUATE PROGRAMS. tration,". Section 791ACc> C42 U.S.C. 295h-laCc)) is SEC. 19. SCHOOLS OF ALLIED HEALTH. Cb> LoANs.-Section 737 C42 U.S.C. 294j) amended by striking out "and" after Ca) DEFINITION OF SCHOOL.-Section Cas amended by section 17 of this Act> is fur­ "1980;", and by inserting before the period a 701<10) C42 U.S.C. 292aC10)) is amended- ther amended by striking out paragraph C2) semicolon and "$500,000 for the fiscal year Cl) by inserting "college," before "junior and by redesignating paragraphs <3> and <4> ending September 30, 1986; $525,000 for the college,"; and as paragraphs C2) and C3), respectively. fiscal year ending September 30, 1987; and <2> by striking out "in a discipline of allied health leading to a baccalaureate or associ­ SEC. 21. NATIONAL ADVISORY COUNCIL ON $551,000 for the fiscal year ending Septem­ HEALTH PROFESSIONS EDUCATION. ber 30, 1988". ate degree or to a more advanced degree" in The last sentence of section 702Ca> C42 SEC. 15. PUBLIC HEALTH TRAINEESHIPS. subparagraph CA> and inserting in lieu U.S.C. 292bCa)) is amended to read as fol­ Section 792Cc) C42 U.S.C. 295h-lbCc)) is thereof "to enable individuals to become lows: "Of the appointed members of the amended by striking out "and" after "1983;" allied health professionals or to provide ad­ Council- and by inserting before the period a semi­ ditional training for allied health profes­ "( 1) twelve shall be representatives of the colon and "$3,000,000 for the fiscal year sionals". health professions schools assisted under ending September 30, 1986; and $3,150,000 (b) DEFINITION OF ALLIED HEALTH PROFES­ programs authorized under this title, includ­ for the fiscal year ending September 30, SIONAL.-Section 701 is amended by adding ing- 1987; and $3,300,000 for the fiscal year at the end thereof the following new para­ "CA> one representative of each of schools ending September 30, 1988". graph: of veterinary medicine, optometry, pharma­ SEC. 16. TRAINING IN PREVENTIVE MEDICINE. "(13) The term 'allied health professional' cy, podiatry, public health, and allied Section 793Cc> C42 U.S.C. 295h-lcCc)) is means an individual- health, and graduate programs in health ad­ amended by striking out "and" after "1983," "CA> who has received a certificate, an as­ ministration; and and by inserting before the period a comma sociate's degree, a bachelor's degree, a mas­ "CB> at least six persons experienced in and "$1,600,000 for the fiscal year ending ters' degree, a doctoral degree, or postbacca­ university administration, at lesst one of September 30, 1986, and $1,680,000 for the laureate training, in a science relating to whom shall be a representative of a school fiscal year ending September 30, 1987, and health care; described in subparagraph CA>; $1,760,000 for the fiscal year ending Sep­ "CB> who shares in the responsibility for "(2) two shall be full-time students en­ tember 30, 1988". the delivery of health care services or relat­ rolled in health professions schools; and PART B-PROGRAM REVISIONS ed services, including- "(3) six shall be members of the general "(i} services relating to the identification, SEC. 17. SCHOOLS OF CHIROPRACTIC. public.". evaluation, and prevention of diseases and SEC. 22. TECHNICAL ASSISTANCE. (a) DEFINITIONS.- disorders; (1) Section 701<4> C42 U.S.C. 292aC4)) is "Cii) dietary and nutrition services; Section 709Cd> C42 U.S.C. 292iCd)) is amended- "(iii) health promotion services; amended to read as follows: by striking out "and" after " 'school of "Civ> rehabilitation services; or "Cd> Funds appropriated under this title veterinary medicine',"; "Cv> health systems management services; may be used by the Secretary to provide CB> by inserting a comma and "and 'school and . technical assistance in relation to any of the of chiropractic' " after " 'school of public "CC> who does not hold a degree in medi­ authorities under this title.". health'"; cine, osteopathy, dentistry, veterinary medi­ SEC. 23. RECOVERY OF ASSISTANCE. CC> by striking out "and" after "a degree cine, optometry, podiatry, pharmacy, public Ca> .Am:Nl>111ENT.-Section 723 C42 U.S.C. of doctor of veterinary medicine or an equiv­ health, chiropractic, health administration, 293c) is amended to read as follows: alent degree,"; and or clinical psychology.". ''RECOVERY CD> by inserting "and a degree of doctor of (C) STUDY.- chiropractic or an equivalent degree," ( 1 > The Secretary of Health and Human "SEc. 723. Ca> If at any time within 20 before "and including advanced training re­ Services shall conduct or enter into con­ years Section 701(5) C42 U.S.C. 292aC5)) is scriptive studies of the allied health profes­ an interim facility) after the completion of amended- sions, chiropractors, clinical psychologists, construction of a facility with respect to by striking out "or" after "pharma­ veterinarians, optometrists, pharmacists, po­ which funds have been paid under section cy,"; and diatrists, public health professionals, and 720Ca)- CB> by inserting "or chiropractic," after health administrators. The studies shall in­ "C l)CA> in the case of a facility which was "public health,". clude evaluations and projections of the an affiliated hospital or outpatient facility Cb) LoANs.-Section 737 C42 U.S.C. 294j) is supply of, and requirements for, each such with respect to which funds have been paid amended by striking out paragraph C2) and profession by specialty and geographic loca­ under section 720Ca>Cl), the facility is sold by redesignating paragraphs C3), (4), and <5> tion. The Secretary shall include in the or transferred to an entity that would not as paragraphs C2), C3), and (4), respectively. report submitted on October l, 1987 under be qualified to file an application under sec­ SEC. 18. TRAINING OF PHYSICIAN ASSISTANTS. section 708Cd)Cl) of the Public Health Serv­ tion 605 or the owner shall cease to be a Section 701<8> C42 U.S.C. 292aC8)) is ice Act the results of the studies conducted public or other nonprofit entity that would amended to read as follows: under this paragraph. be qualified to file such an application, "C8> The term 'program for the train­ <2> The authority of the Secretary of "CB> in the case of a facility which was not ing of physician assistants' means an educa­ Health and Human Services to enter into an affiliated hospital or outpatient facility tional program which Ci) has as its objective contracts under paragraph Cl) shall be ef­ but was a facility with respect to which the education of individuals who will, upon fective for any fiscal year only to the extent funds have been paid under paragraph Cl> completion of their studies in the program, or in such amounts as are provided in ad­ or <3> of section 720Ca>, the facility is sold or be qualified to provide primary health care vance by appropriation Acts. transferred to an entity which is not a under the supervision of a physician, and SEC. 20. GRADUATE PROGRAMS IN CLINICAL PSY­ public or nonprofit school or the owner cm meets regulations prescribed by the Sec­ CHOLOGY. shall cease to be a public or nonprofit retary in accordance with subparagraph CB). Ca) DEFINITIONS.- school, or "CB> After consultation with appropriate Cl) Section 701 C42 U.S.C. 292a> in the case of a facility which was a organizations, the Secretary shall, not later ed by section 19 of this Act> is further facility with respect to which funds have 18974 CONGRESSIONAL RECORD-HOUSE July 15, 1985 been paid under section 720<2>. the facili­ of the weekly ninety-one-day Treasury bill cy program of not more than four years in ty is sold or transferred to an entity which auction rate. duration; is not a public or nonprofit school or the " CB> The period referred to in subpara­ " is the period beginning- year of an accredited internship or residen­ school, "(i) in the case of a facility which was sold cy program of more than four years in dura­ "(2) the facility shall cease to be used for or transferred or the use of which changes tion; or the teaching or training purposes . which it was constructed, or later 180 days after the date of the sale, ceases to carry, at an eligible institution, the "(3) the facility is used for sectarian in­ transfer, or change of use for which a notice normal full-time acadelnic workload as de­ struction or as a place for religious worship, is required by subsection Cb), termined by the institution; or the United States shall be entitled to recov­ "(ii) in the case of a facility which was "(ii) the date on which a borrower who is er, whether from the transferor or the sold or transferred or the use of which a graduate of an eligible institution ceases transferee . changes on or after the effective date of Secretary; and "Cb> The transferor of a facility which is this subsection, and with respect to which "(II) may be engaged in by the borrower sold or transferred as described in para­ such notice is not provided as prescribed by during such a two-year period which begins graph Cl> of subsection Ca), the owner of a subsection (b), on the date of the sale, trans­ within twelve months after the completion facility which ceases to be a qualified public fer, or change of use for which such notice was to be provided, of the borrower's participation in a program or other nonprofit entity or a public or non­ described in subclause CU or of clause (i) profit school, or the owner of a facility the and ending on the date the amount the or prior to the completion of the borrower's use of which is changed as described in United States is entitled to under paragraph participation in such program, paragraph (2) or <3> of subsection (a), shall is collected. except as provided in subparagraph CC>, provide the Secretary written notice of such "(d) The Secretary may waive the recov­ except that the period of the loan may not sale, transfer, or change- ery rights of the United States under sub­ exceed 33 years from the date of execution "Cl) not later than- section <2> with respect to a facility in of the note or written agreement evidencing " CA> ten days after the date on which any State if the Secretary determines, in ac­ it, and except that the note or other written such sale, transfer, or change of use occurs, cordance with regulations, that there is instrument may contain such provisions re­ in the case of a facility which is sold or good cause for waiving such rights with re­ lating to repayment in the event of default transferred or the use of which changes on spect to such facility. in the payment of interest or in the pay­ or after the date of the enactment of this "(e) The right of recovery of the United ment of the costs of insurance prelniums or subsection, or States under subsection shall not consti­ other default by the borrower, as may be " CB> thirty days after the date of the en­ tute a lien on any facility with respect to authorized by regulations of the Secretary actment of this subsection, in the case of a which funds have been paid under section in effect at the time the loan is made;". facility which was sold or transferred or the 606.". use of which changed before the date of the (b) REGULATIONS.-Within one hundred (2) Section 73l<2> <42 U.S.C. enactment of this subsection, or and eighty days after the effective date of 294d<2> by inserting '' of such a program described in subclause CU or more appropriately be made in the annual section 723 of the Public Health Service Act subclause (II) of subparagraph CB)(i))" report to the Secretary of the person re­ of this section). by striking out "or the 33-year period" in clause (vi); such report after such change. SEC. 24. HEALTH EDUCATION ASSISTANCE LOAN "(c)(l) Except as provided in paragraph PROGRAM. by striking out "or" after "National (2), the amount the United States shall be (a) ELIGIBLE BORROWER.- Health Service Corps," in clause ; and entitled to recover under subsection Ca> is an Cl) Section 73l (42 U.S.C. by inserting "or < l>CA)) is amended by striking out excess of two years which is described in value '' after "Domestic Vol­ the parties or in an action brought in the nating clause as clause , and by in­ unteer Service Act of 1973,". district court of the United States for the serting after clause (iii) the following: <3> The provisions of clause (i) of sec­ district for which the facility involved is sit­ "(iv> if required under section 3 of the tion 73l<2> of the Public Health Serv­ uated) of so much of the facility as consti­ Military Selective Service Act to present ice Act of this tuted an approved project or projects as the himself for and sublnit to registration under subsection> and the provisions of clauses cm amount of the Federal participation bore to such section, has presented himself and sub­ and (vi) of section 73l(a)<2> of such Act the cost of the construction of such project Initted to registration under such section; and CB> or projects. and". of paragraph (2)) shall not apply to any in­ "C2> After the expiration of- <2> Section 73l(a)(l)(B) <42 U.S.C. dividual who, prior to the effective date of "(i) 180 days after the date of the sale, 294d The provisions of clause (ii) of section facility which is sold or transferred or the "(iv> if required under section 3 of the 73l<2> of the Public Health Service use of which changes on or after the date of Military Selective Service Act to present Act and clause of section 73l<2> the enactment of this subsection, or himself for and sublnit to registration under of such Act and <2> of this actment of this subsection or if later 180 Initted to registration under such section; subsection, respectively) shall apply to any days after the date of the sale, transfer, or and". loan insured under subpart I of part C of change of use for which a notice is required (b) NOTE.- title VII of such Act after the effective date by subsection Cb), in the case of a facility Cl) Section 731Ca><2> <42 U.S.C. 294d of this Act. which was sold or transferred or the use of <2> with re­ sooner repaid) nor more than 25 years be­ 73l<2> of the Public Health Service spect to a facility shall be the amount pre­ ginning not earlier than 9 months nor later Act and clause of section 73l<2> scribed by paragraph <1) plus interest, than 12 months after the later of- of such Act and <2> of this . at a rate prescribe criteria for the determina­ (h) JOINT PAYMENT.-Section 731 is amended by striking out the fiscal year ending September 30, 1985, grams and full-time educational activities "and" at the end of subparagraph CF>. by r.e­ each agreement shall provide that at least which will be permitted under such clauses; designating subparagraph as subpara­ one-half of the Federal contribution in such and graph . and by inserting after subpara­ fiscal years to the student loan fund of the establish procedures for a borrower to graph the following: school shall be used to make loans to indi­ apply to the Secretary for a determination "CG> provides that the loan shall be made viduals from disadvantaged backgrounds as concerning whether a particular fellowship payable jointly to the borrower and the eli­ determined in accordance with criteria in training program or full-time educational gible institution in which the borrower is effect on September 30, 1984, which were activity will be permitted under such enrolled; and". prescribed by the Secretary under section clauses. SEC. 25. HEALTH PROFESSIONS STUDENT LOAN 787.". (C) INTEREST RATE.-0) Section 73l <42 U.S.C. 294m is further amended by inserting "( 1 )" <2> The amendment made by paragraph amended- after "student" and by inserting before the <1 > of this subsection shall apply to any loan by striking out "or veterinary medi­ period a com.ma and the following: "and <2> insured under subpart I of part C of title cine" and inserting in lieu thereof "veteri­ who if required under section 3 of the Mili­ VII of the Public Health Service Act after nary medicine, public health, or chiroprac­ tary Selective Service Act to present himself the effective date of this Act. tic"; and for and submit to registration under such Cd> PAYMENTs.-Section 73l <42 U.S.C. CB> by inserting before the period "and section, has presented himself and submit­ 294d(c)) is amended- with any public or other nonprofit school ted to registration under such section". (!) by striking out "section 731<2>" which is located in a State and which offers (g) PAYMENTS.- and inserting in lieu thereof "subsection an accredited graduate program in clinical (!) Section 741Cc) <42 U.S.C. 294n<2>"; and psychology". amended to read as follows: <2> by inserting before the period a comma <2> Section 740Cb)(4) <42 U.S.C. "Cc> Such loans shall be repayable in equal and "unless the borrower, in the written 294m(b)(4)) is amended- or graduated periodic installments <2>. by inserting "doctor of pharmacy or right of the borrower to accelerate repay­ agrees to make payments during any year or an equivalent degree," before "doctor of po­ ment) over the ten-year period which begins any repayment period in a lesser amount". diatry"; one year after the student ceases to pursue PREMrnMs.-Section 732Cc> <42 U.S.C. CB) by striking out "or" before "doctor of a full-time course of study at a school of 294e(c)) is amended- veterinary medicine"; and medicine, osteopathy, dentistry, pharmacy, (!) by inserting "Cl)" before "The"; by inserting a comma and "or doctor podiatry, optometry, veterinary medicine, (2) by striking out "2" in the first sen­ of chiropractic or an equivalent degree, a public health, or chiropractic, or in a gradu­ tence and inserting in lieu thereof "4"; graduate degree in public health or an ate program in clinical psychology, exclud­ (3) by striking out "in advance, at such equivalent degree, or a doctoral degree in ing from such ten-year period- times and" in the first sentence and insert­ clinical psychology or an equivalent degree" "( 1) all periods- ing in lieu thereof "in advance at the time before the semicolon. "CA> not in excess of three years of active the loan is made"; and (b) LoAN PROVISIONS.- duty performed by the borrower as a <4> by adding at the end thereof the fol­ (!) Section 74l (42 U.S.C. 294n(b)) is member of a uniformed service; lowing new paragraph: amended- "CB> not in excess of three years during "(2) The Secretary may not increase the by inserting "doctor of pharmacy or which the borrower serves as a volunteer percentage per year on the principal bal­ an equivalent degree," before "doctor of pc­ under the Peace Corps Act; and ance of loans charged pursuant to para­ diatry"; "CC> during which the borrower partici­ graph Cl> for insurance premiums, unless CB> by striking out "or" before "doctor of pates in advanced professional training, in­ the Secretary has, prior to any such in­ veterinary medicine"; and cluding internships and residencies; and crease- by inserting a com.ma and "or doctor "(2) a period- " CA> requested a qualified public account­ of chiropractic or an equivalent degree, a " not in excess of two years during ing firm to evaluate whether an increase in graduate degree in public health or an which a borrower who is a full-time student such percentage is necessary to ensure the equivalent degree, or a doctoral degree in in such a school or program leaves the solvency of the student loan fund estab­ clinical psychology or an equivalent degree" school or program, with the intent to return lished by section 734, and to determine the before the period. to such school or program as a full-time stu­ amount of such an increase, if necessary; <2> Section 74l(f)(l)(A) <42 U.S.C. dent, in order to engage in a full-time educa­ and 294n(f)(l > such accounting firm has recom­ "or doctor of podiatry or an equivalent the health profession for which the individ­ mended such an increase and has deter­ degree" and inserting in lieu thereof "doctor ual is preparing, as determined by the Sec­ mined the amount of such increase neces­ of pharmacy or an equivalent degree, doctor retary; or sary to ensure the solvency of such fund. of podiatry or an equivalent degree, or "CB> not in excess of two years during The Secretary may not increase such per­ doctor of chiropractic or an equivalent which a borrower who is a graduate of such centage in excess of the maximum percent­ degree, a graduate degree in public health, a school or program is a participant in a fel­ age permitted by paragraph <1 > or increase or a doctoral degree in clinical psychology". lowship training program or a full-time edu­ such percentage by an amount in excess of (C) CHIROPRACTIC SCHOOLS.-Section 742(a) cational activity which- the amount of the increase determined by a <42 U.S.C. 294o(a)) is amended by adding at "(i) is directly related to the health pro­ qualified accounting firm pursuant to this the end thereof the following: "Of the fession for which such borrower prepared at paragraph.''. amount appropriated under this subsection such school or program, as determined by Cf) LoAN Fmm.-The first sentence of sub­ for any fiscal year, not more than 4 percent the Secretary; and section of section 734 (42 U.S.C. 294g) of such amount may be made available for "CU> may be engaged in by the borrower and the first sentence of subsection of Federal capital contributions for student during such a two-year period which begins such section are each amended by inserting loan funds at schools of chiropractic.". within twelve months after the completion "collection or" before "default". (d) DEFINITION.-Subpart II of part c of of the borrower's participation in advanced (g) LIMITATIONS.- title VII is amended by adding at the end professional training described in paragraph (!) Section 729 <42 U.S.C. 294b(a)) is thereof the following new section: or prior to the completion of such amended by inserting "allied health," after "DEFINITION borrower's participation in such training.". "public health," each place it appears. "SEc. 745. For purposes of this subpart, <2> The provisions of section 74l<2> <2> Section 737 <42 U.S.C. 294j) is further amended- public or nonprofit private school in a State by the amendment made by paragraph <1 > by inserting a comma and "allied which provides training leading to a degree of this subsection> shall apply to- health," after "public health" in paragraph of bachelor of science in pharmacy or an any individual who received a loan Cl>; and equivalent degree or a degree of doctor of under subpart II of part C of title VII of the CB> by adding at the end thereof the fol­ pharmacy or an equivalent degree and Public Health Service Act and to whom the lowing new paragraph: which is accredited in the manner described provisions of such section would have applied be­ means a program in a school of allied health (e) DISADVANTAGED BACKGROUNDS.-Section tween June 17, 1982, and July 7, 1983; and <42 U.S.C. 294m(b)) is amended by any individual who, after the effective to a masters' degree or a doctoral degree.". adding after paragraph (6) the following: date of this Act, is a full-time student in a 18976 CONGRESSIONAL RECORD-HOUSE July 15, 1985 school or program referred to in such sec­ as the Secretary may prescribe . received a loan loan fund for expenses the Secretary may under this subpart, or any other person in­ under such subpart to assist such student in reasonably incur in attempting collection>. volved in the collection of a loan under this their studies in such school or program. but only if the school has complied with subpart. <3> The provisions of section 74l<2> such requirements as the Secretary may " Each school shall, immediately prior of the Public Health Service Act collection of loans under this subpart. A dent who received a loan under this subpart of this subsection> shall apply to any loan loan so referred shall be treated as a debt after June 30, 1986, provide sucli student made under subpart II of part C of title VII subject to section 5514 of title 5, United with a statement specifying- of such Act after the effective date of this States Code. Amounts collected shall be de­ "(l) each amount borrowed by the student Act. posited in the school's student loan fund. under this subpart; <4> Within 90 days after the effective date Whenever the Secretary desires the institu­ "(2) the total amount borrowed by the of this Act, the Secretary of Health and tion of a civil action regarding any such student under this subpart; and Human Services shall promulgate regula­ loan, the Secretary shall refer the matter to "(3) a schedule for the repayment of the tions to carry out section 74l<2> of the the Attorney General for appropriate amounts borrowed under this subpart, in­ Public Health Service Act RETURNED FuNns.-Section 742 <42 of payments to be made. subsection> with respect to any loan made U.S.C. 294o with respect to the provisions of sub­ turned to the Secretary in any fiscal year with a school under this subpart, the Secre­ paragraph of such section- shall be available for allotment under this tary shall provide the school with a written (i} prescribe criteria for the determination subpart, in such fiscal year and the fiscal notice specifying such intention and stating of the types of full-time educational activi­ year succeeding such fiscal year, to schools that the school may request a formal hear­ ties which will be permitted under such sub­ which, during the period beginning on July ing with respect to such termination. If the paragraph; 1, 1972, and ending on September 30, 1984, school requests such a hearing within 30 require the school or program in established student loan funds with Federal days after the receipt of such notice, the which the borrower was enrolled as a full­ capital contributions under this subpart.". Secretary shall provide such school with a time student to determine, prior to the bor­ (k) STUDENT LoAN INFORMATION; APPEAL hearing conducted by an administrative law rower's leaving such school or program, PROCEDURES.-Subpart II of part c of title judge.". whether an educational activity in which VII is further SEC. 26. SCHOLARSHIPS FOR FIRST-YEAR STU­ the student proposes to engage qualifies for amended- DENTS OF EXCEPTIONAL FINANCIAL purposes of such subparagraph and such <1> by redesignating section 745 of this section> as section REVISION OF ScHOLARSHIP.-Section with respect to the provisions of sub­ 747;and 758(b) <42 U.S.C. 294z) is amended by redes­ paragraph of such section- <2> by inserting after section 744 <42 ignating paragraph <3> as paragraph <6> and (i} prescribe criteria for the determination U.S.C. 294q) the following new sections: by striking out paragraph <2> and inserting of the types of fellowship training programs "STUDENT LOAN INFORMATION BY in lieu thereof the following: and full-time educational activities which INSTITUTIONS "<2> A scholarship provided to a student will be permitted under such subparagraph; "SEc. 745. With respect to loans made for a school year under a grant under sub­ and by a school under this subpart after June section shall consist of- establish procedures for a borrower to 30, 1986, each school, in order to carry out "(A) payment to, or (in accordance with apply to the Secretary for a determination the provisions of sections 740 and 741, shall, paragraph (4)) on behalf of, the student of concerning whether a particular fellowship at any time such school makes such a loan the amount of- activity will be permitted under such sub­ thorough and adequate loan information on "(i} the tuition of the student in such paragraph. loans made under this subpart to the stu­ school year; and (h) CHARGES.- dent. The loan information required to be "(ii) all other reasonable educational ex­ Cl) Section 741 <42 U.S.C. 294n(i)) is provided to the student by this subsection penses, including fees, books, and laboratory amended to read as follows: shall include- expenses, incurred by the student in such "(i) Subject to regulations of the Secre­ "the yearly and cumulative maximum school year; and tary, a school may assess a charge with re­ amounts that may be borrowed by the stu­ "(B) payment to the student of a stipend spect to loans made under this subpart to dent; of $400 per month Section 74l <42 U.S.C. 294n(j)) is "(3) the maximum number of years in month of such school year. amended- which the loan must be repaid; "(3) Notwithstanding paragraph <2>. the by inserting "and in accordance with "<4> the interest rate that will be paid by total scholarship award to a student for this section" after "Secretary" in the first the borrower and the minimum amount of each year shall not exceed the cost of at­ sentence; the required monthly payment; tendance for that year at the educational by striking out "may" in such sen­ "(5) the amount of any other fees charged institution attended by the student . and "<6> any options the borrower may have "(4) The Secretary may contract with an by striking out the second sentence for deferral, cancellation, prepayment, con­ educational institution in which is enrolled and inserting in lieu thereof the following: solidation, or other refinancing of the loan; a student who has received a scholarship "No such charge may be made if the pay­ "<7> a definition of default on the loan with a grant under subsection for the ment of such installment or the filing of and a specification of the consequences payment to the educational institution of such evidence is made within 60 days after which will result to the borrower if the bor­ the amounts of tuition and other reasonable the date on which such installment or filing rower defaults, including a description of educational expenses described in para­ is due. The amount of any such charge may any arrangements which may be made with graph <2>. Payment to such an educa­ not exceed an amount equal to 6 percent of credit bureau organizations; tional institution may be made without the amount of such installment.". "(8) to the extent practicable, the effect regard to section 3324 of title 31, United (i) COLLECTIONS.-Section 741 (42 u.s.c. of accepting the loan on the eligibility of States Code. 294n> is amended by adding at the end the borrower for other forms of student as­ "(5) The amount of the monthly stipend, thereof the following new subsection: sistance; and specified in paragraph <2> and as previ­ " The Secretary is authorized to at­ "(9) a description of the actions that may ously adjusted equal to the amount of such sti­ agreement under this subpart, on behalf of close to officers, employees, or agents of the pend multiplied by the overall percentage that school under such terms and conditions Department of Health and Human Services, of the adjustment by striking out "Secretary" each place of pay under the General Schedule made ef­ 'full-time students' by striking out "Commissioner of Edu­ (b) CONFORMING AMEND:MENT.-Section a full-time course of study leading to a grad­ cation" and inserting in lieu thereof "Secre­ 338A(g)(l) <42 U.S.C. 2541(g)(l)) is amended uate degree in public health or equivalent tary of Education"; and by striking out "or under section 758 by striking out "Commissioner" each exceptional financial need),". place it appears and inserting in lieu thereof health which applies for a grant under this "Secretary of Education". SEC. 27. CAPITATION GRANTS FOR SCHOOLS OF section in the fiscal year preceding the PUBLIC HEALTH. fiscal year in which it will admit its first <2> The section heading for section 772 <42 CAPITATION GRANT.- class, the enrollment for purposes of subsec­ U.S.C. 295f-2) is amended to read as follows: Section 770 <42 U.S.C. 295f) is amended tion shall be the number of full-time stu­ "APPLICATIONS FOR CAPITATION GRANTS" to read as follows: dents which the Secretary determines, on (3) The heading for part E of title VII is "CAPITATION GRANTS FOR SCHOOLS OF PUBLIC the basis of assurances provided by the amended to read as follows: HEALTH school, will be enrolled in the school, in the fiscal year after the fiscal year in which the "PART E-GRAI·lTS To IMPROVE THE QUALITY "SEc. 770. The Secretary shall make OF SCHOOLS OF PUBLIC HEALTH". annual grants to schools of public health grant is made. for the support of the education programs "(e) For payments under this section, SEC. 28. DEPARTMENT OF FAMILY MEDICINE. of such schools. The amount of the annual there are authorized to be appropriated Section 780 <42 U.S.C. 295g) is amended by grant to each such school with an approved $5,000,000 for fiscal year 1986, $5,250,000 for redesignating subsection as subsection application shall be computed for each fiscal year 1987, and $5,500,000 for fiscal Cd) and by inserting after subsection (b) the fiscal year in accordance with paragraphs year 1988.". following: <2> and <3>. <2> Section 731 In making grants under subsection "(2) Each school of public health shall re­ 294d> is amended by striking out , the Secretary shall give priority to ap­ ceive for fiscal year 1986, and for each of "(as defined in section 770<2»" and in­ plicants that demonstrate to the satisfac­ the next two fiscal years, an amount equal serting in lieu thereof "(as defined in sec­ tion of the Secretary a commitment to to the product of- tion 770Cc)(2) $1,400, and on September 30, 1985))". training programs.". "(B) the sum of (i) the number of full­ (b) ELIGIBILITY.-Section 771 (42 u.s.c. time students enrolled in degree programs 295f-1) is amended to read as follows: SEC. 29. AREA HEALTH EDUCATION CENTERS. in such school in the school year beginning "ELIGIBILITY FOR CAPITATION GRANTS (a) GENERAL AUTHORITY.-Section in such fiscal year, and the number of "SEC. 771. (a)(l) The Secretary shall not 781<2> <42 U.S.C. 295g-1 <2» is amend­ full-time equivalents of part-time students make a grant under section 770 to any ed by redesignating subparagraphs , . enrolled in degree programs in such school, school of public health in a fiscal year be­ and as clauses m, cm, and , respec­ determined pursuant to paragraph (3), for ginning after September 30, 1985, unless the tively and by striking out all that precedes such school for such school year. application for the grant contains, or is sup­ clause (i) and inserting "(3) For purposes of paragraph (2), the ported by, assurances satisfactory to the in lieu thereof the following: number of full-time equivalents of part-time Secretary that- "<2> The Secretary shall enter into con­ students for a school of public health for "(A) the enrollment of full-time equiva­ tracts with schools of medicine and osteopa­ any school year is a number equal to- lent students enrolled in degree programs in thy- "CA> the total number of credit hours of the school in the school year beginning in "(i) which have previously received Feder­ instruction in such year for which part-time the fiscal year in which the grant applied al financial assistance for an area health students of such school, who are pursuing a for is to be made will not be less than the education center program under section 802 course of study leading to a graduate degree enrollment of such students in degree pro­ of the Health Professionals Educational As­ in public health or an equivalent degree, grams in the school in the school year be­ sistance Act of 1976 in fiscal year 1979 or have enrolled, divided by ginning in fiscal year 1983; and under paragraph (1), or "CB) the greater of (i) the number of "CB) the applicant will expend in carrying "(ii) which are receiving assistance under credit hours of instruction which a full-time out its functions as a school of public health paragraph . student of such school was required to take during the fiscal year for which such grant to carry out projects described in subpara­ in such year, or (ii) 9, is sought, an amount of funds Cother than graph through area health education rounded to the next highest whole number. funds for construction as determined by the centers for which Federal financial assist­ "(b) Notwithstanding subsection Ca), if the Secretary) from non-Federal sources which ance was provided under paragraph and aggregate of the amounts of the grants to is at least as great as the amount of funds which are no longer eligible to receive such be made in accordance with such subsection expended by such applicant for such pur­ assistance. for any fiscal year to schools of public pose Projects for which assistance may be health with approved applications exceeds ring nature> in the fiscal year preceding the provided under subparagraph are-". the total of the amounts appropriated for fiscal year for which such grant is sought. (b) CONTRAC'r AUTHORITY.-The last sen­ such grants for such schools under subsec­ "(2) For purposes of subsection , tence of section 781(g) <42 U.S.C. 295g-l(g)) tion . the amount of a school's grant shall the number of full-time equivalent students is amended by striking out "may" and in­ for such fiscal year be an amount which enrolled in a degree program in a school, in serting in lieu thereof "shall". bears the same ratio to the amount deter­ a school year, is equal to the sum calculated (C) OTHER HEALTH PERsoNNEL.-Section mined for the school under subsection as under section 770<2> for that school 781Cd><2> is amended to read as follows: the total of the amounts appropriated for year. that year under subsection Ce> for grants to " conduct interdisciplinary training " The Secretary may waive if the Secretary determines, after schools of public health with approved ap­ receiving the written recommendation of tioners;". plications. the appropriate accreditation body or bodies SEC. 30. GENERAL INTERNAL MEDICINE AND GEN­ "Cc> For purposes of this section, regu­ that compliance by Section 784 <42 U.S.C. 295g-4) is amended sions relating to the determination of the such school with such requirement will pre­ by redesignating subsection Cb) as subsec­ number of students enrolled in a school or vent it from maintaining its accreditation.". tion and by inserting after subsection in a particular year-class in a school on the (C) CONFORMING AMENDMENTS.- the following new subsection: basis of estimates, on the basis of the ( 1) Section 772 <42 U.S.C. 295f-2(b)) is "(b) In making grants and entering into number of students who in an earlier year amended- contracts under subsection , the Secre­ were enrolled in a school or in a particular by striking out "or subsection or tary shall give priority to applicants that year-class, or on such other basis as the Sec­ of section 788"; demonstrate to the satisfaction of the Sec­ retary deems appropriate for making such by striking out "of medicine, osteopa­ retary a commitment to general internal determination, and shall include methods of thy, dentistry, public health, veterinary medicine and general pediatrics in their making such determination when a school medicine, optometry, pharmacy, or podia- medical education training programs.". 18978 CONGRESSIONAL RECORD-HOUSE July 15, 1985 SEC. 31. FAMILY MEDICINE AND GENERAL DEN· "(i) the organization, delivery, and financ­ and from the National Advisory Council TISTRY. ing of health care; on Health Professions Education.". (a) GRADUATE PROGRAMS.- "(ii) the determinants of health and the Cd> Section 788 <42 U.S.C. 295g-8) is (!) Section 786Cb) <42 U.S.C. 295g-6(b)) is role of medicine in health; and amended by redesignating subsection as amended- "(iii) the promotion of economy in health subsection Cg) and by inserting after subsec­ by inserting "or an approved advanced professions teaching, health care practice, tion Ce> the following: educational program in the general practice and health care systems management; "Cf) The Secretary may make grants to of dentistry" before the semicolon in para­ "CC> curriculum development in clinical schools of veterinary medicine for Cl> the graph <1>; and nutrition; development of curriculum for training in CB> by striking out "residents" in para­ "CO> the development of initiatives for as­ the care of animals used in research, the graph (2) and inserting in lieu thereof "par­ suring the competence of health profession­ treatment of animals while being used in re· ticipants". als; and search, and the development of alternatives <2> Section 786 <42 U.S.C. 295-g(c)) is "CE> curriculum and program development to the use of animals in research, (2) the amended by inserting before the period in and training in applying the social and be­ provision of such training, and (3) large the second sentence a comma and "and haviorial sciences to the study of health and animal care and research.". shall obligate not less than 7 .5 percent of health care delivery issues. (e) CONFORMING A.MENDMENT.-The head· such amounts in each fiscal year for grants "C2> Of the amounts available for ing for section 788 <42 U.S.C. 295g-8) is under subsection Cb)". grants and contracts under this subsection amended to read as follows: (b) PRIORITY.-Section 786 (42 u.s.c. from amounts appropriated under subsec­ 295g-6) is amended by redesignating subsec· tion Cg)(l), at least 75 percent shall be obli­ "TWO-YEAR SCHOOLS OF MEDICINE, INTERDISCI­ tion as subsec­ gated for grants to and contracts with PLINARY TRAINING, AND CURRICULUM DEVEL­ tion and by inserting after subsection health professions institutions, allied health OPMENT". the following new subsection: institutions, and nurse training institutions. SEC. 34. ADVANCED FINANCIAL DISTRESS ASSIST­ " In making grants under subsection "CB> Any application for a grant or con­ ANCE. . the Secretary shall give priority to ap­ tract to institutions described in subpara­ Subsections Cb>Cl> and Cf) of section 788B plicants that demonstrate to the satisfac­ graph shall be subject to appropriate <42 U.S.C. 295g-8b> are each amended by tion of the Secretary a commitment to peer review by peer review groups composed striking out "five" and inserting in lieu family medicine in their medical education principally of non-Federal experts. thereof "six". training programs.". "CC> The Secretary may not approve an SEC. 35. GRADUATE PROGRAMS IN HEALTH ADMIN­ SEC. 32. EDUCATION ASSISTANCE TO INDIVIDUALS application for a grant or contract to an in­ ISTRATION. FROM DISADVANTAGED BACK· stitution described in subparagraph Section 791Cc><2>(i) (42 U.S.C. GROUNDS. unless the Secretary has received recom­ 295h(c)(2)(A)(i)) is amended by inserting (a) PROGRAM REVISION.-Section 787(a)(l) mendations with respect to such application before the semicolon a comma and "except <42 U.S.C. 295g-7(a)(l) is amended- from the appropriate peer review group re­ that in any case in which the number of mi­ (!) by inserting "chiropractic," after quired under subparagraph CB> and from nority students enrolled in the graduate "allied health,"; and the National Advisory Council on Health educational programs of such entity in such (2) by inserting after "podiatry" a comma Professions Education. school year exceeds an amount equal to 45 and "public and nonprofit private schools "(3) Of the amounts available for grants percent of the number of all students en­ which offer graduate programs in clinical and contracts under this subsection from rolled in such programs in such school year, psychology,". amounts appropriated under subsection such application shall only be required to (b) OEFINITION.-Section 787(a)(2) (42 (g)(l), not more than 25 percent shall be ob­ contain assurances that at least 20 individ­ U.S.C. 295g-7(a)(2)) is amended by inserting ligated for grants to and contracts with uals will complete such programs in such after subparagraph the following: "The public and nonprofit entities which are not school year". term 'regular course of education of such a health professions institutions, allied health SEC. 36. PROGRAM ELIMINATIONS. school' as used in subparagraph includes institutions, or nurse training institutions.". a graduate program in clinical psychology.". (C) TECHNICAL AMENDMENTs.-Section Ca> Section 703 <42 U.S.C. 292c> is re­ SEC. 33. SPECIAL PROJECTS. 788Cd> <42 U.S.C. 295g-8(d)) is amended- pealed. (a) Two-YEAR SCHOOLS.- (!) by redesignating paragraphs Cl> and Cb> Part O of title VII is repealed. (!) Section 788 <42 U.S.C. 295g- <2> as subparagraphs CA> and CB), respective­ Cc) Section 782 <42 U.S.C. 295g-2) is re­ 8 The Secretary may make grants to <2> by inserting"(!)" before "The"; Cd) Section 785 <42 U.S.C. 295g-5) is re­ maintain and improve schools which pro­ <3> by striking out "with schools of medi­ pealed. vide the first or last two years of education cine or osteopathy or other appropriate Cl> Section 788A (42 U.S.C. 295g-8a> is leading to the degree of doctor of medicine public or nonprofit private entities to assist repealed. or osteopathy. Grants provided under this in meeting the costs of such schools or enti­ (2) The second sentence of section 788B paragraph to schools which were in exist­ ties" and inserting in lieu thereof "with ac­ <42 U.S.C. 295g-8b(a)) is amended by insert­ ence on September 30, 1984, may be used for credited health professions schools referred ing "(as such section was in effect before construction and the purchase of equip­ to in section 701(4) or 701(10) to assist in October 1, 1985)" after "section 788A". ment.". meeting the costs of such schools"; (3) Section 788B(f) <42 U.S.C. 295g-8bCf)) <2> Paragraph <2> of section 788 <42 <4> by amending subparagraph CA> Section 788BCh) (42 U.S.C. 295g-8bCh)) <3 > of such section is redesignated as para­ tion> to read as follows: is amended- graph <2>. "CA> improve the training of health pro­ by striking out "and section 788A" in (3) Section 788C2) by striking out the second sentence. first", by inserting "or osteopathy" after the health problems of the elderly, expand (f) Section 789 <42 U.S.C. 295g-9) is re­ "medicine" and by inserting "or be operated and strengthen instruction in such treat­ pealed. jointly with a school that is accredited by" ment, support the training and retraining of after "accredited by". faculty to provide such instruction, and sup­ PART C-GENERAL PROVISIONS (b) SPECIAL PROJECTS.-Section 788Cb) (42 port continuing education of health profes­ SEC. 37. ANALYSIS OF FINANCIAL DISINCENTIVE U.S.C. 295g-8)(b)) is amended to read as fol­ sionals in such treatment; and"; and TO CAREER CHOICES IN HEALTH PRO· lows: (5) by adding at the end thereof the fol­ FESSIONS. "(b)(l) The Secretary may make grants to lowing new paragraph: The Secretary of Health and Human Serv­ and enter into contracts with any health "C2> Any application for a grant or con­ ices shall include in the report required to profession, allied health profession, or nurse tract under this subsection shall be subject be submitted on October 1, 1987, pursuant training institution, or any other public or to appropriate peer review by peer review to section 708Cd><2> of the Public Health nonprofit private entity for projects in areas groups composed principally of non-Federal Service Act- such as- experts. (1) an analysis of any financial disincen­ " health promotion and disease preven­ "CB> The Secretary may not approve an tive to graduates of health professions tion; application for a grant or contract under schools which affects the specialty of prac­ "CB> curriculum development and training this subsection unless the Secretary has re­ tice chosen by such graduates or the deci­ in health policy and policy analysis, includ­ ceived recommendations with respect to sion of such graduates to practice their pro­ ing curriculum development and training in such application from the appropriate peer fession in an area which lacks an adequate areas such as- review group required under subparagraph number of health care professionals; and July 15, 1985 CONGRESSIONAL RECORD-HOUSE 18979 <2> recommendations for legislation and The SPEAKER pro tempore. Pursu­ Past gains in minority enrollments administrative action to correct any disin­ ant to the rule, a second is not re­ in the health professions, which al­ centives which are identified pursuant to clause <1> and which are contrary to the quired on this motion. ready are being reversed, will be lost. achievement of national health goals, in­ The gentleman from California [Mr. Efforts to meet national personnel cluding recommendations concerning the WAXMAN] will be recognized for 20 needs in primary care and public appropriateness of providing financial as­ minutes and the gentleman from Illi­ health will be seriously damaged. sistance to mitigate such disincentives. nois [Mr. MADIGAN] will be recognized Faced with rising debts, medical stu­ SEC. 38. STUDY ON COMPLIANCE WITH SELECTIVE for 20 minutes. SERVICE ACT. dents will pursue more lucrative sub­ The Secretary of Health and Human Serv­ The Chair recognizes the gentleman specialities. ices, in cooperation with the Director of Se­ from California [Mr. WAXMAN]. The President's pocket veto has also lective Service, shall conduct a study to de­ Mr. WAXMAN. Mr. Speaker, I yield created chaos among students who do termine if health professions schools are en­ myself such time as I may consume. not know if they will have funds to gaged in a pattern or practice of failure to GENERAL LEAVE continue, or begin, their professional comply with section 12(f) of the Military Se­ lective Service Act (50 U.S.C. App. 462(f)) Mr. Speaker, I ask unanimous con­ studies this year. HE.AL [Health Edu­ or sent that all Members may have 5 leg­ cation Assistance Loans] loans-which are engaged in a pattern or practice of pro­ islative days in which to revise and are made with private, not Federal, viding loans or work assistance to persons extend their remarks on H.R. 2410, funds-are being suspended because who are required to register under section 3 the bill presently being considered. there is no authority for the Govern­ of such Act STUDY.-The Secretary of Health and House. This bill reauthorizes the from taking effect numerous provi­ Human Services ferred to as the "Academy"), acting through ers among medically underserved that were also in the vetoed bill. This the Institute of Medicine, to conduct the areas of the country." represents a reduction of over 12 per­ study required by subsection under an That argument draws on the current cent from the vetoed bill. arrangement whereby the actual expenses incurred by the Academy directly related to perception that there is or will soon be We cannot sacrifice such important the conduct of such study will be paid by a surplus of physicians. The adminis­ programs. They have enjoyed strong the Secretary. If the Academy agrees to tration, however, ignores the actual bipartisan support in the past, and I such request, the Secretary shall enter into purpose of these programs: hope that this House will continue such an agreement with the Academy. The scholarships and subsidized that tradition. (2) If the Academy declines the Secre­ loans in title VII are targeted to finan­ Mr. MADIGAN. Mr. Speaker, I yield tary's request to conduct such study under cially disadvantaged students. such arrangement, then the Secretary, after myself such time as I may consume. consultation with the Committee on Labor Support for specific programs is di­ Mr. Speaker, I rise and urge the sup­ and Human Resources of the Senate and rected to meet persistent national port of my colleagues for H.R. 2410, the Committee on Energy and Commerce of shortages in primary care, public legislation reauthorizing the Health the House of Representatives, shall enter health and other disciplines, not to Professions Educational Grant Pro­ into a similar arrangement with another ap­ train more specialized doctors. grams contained in title VIII of the propriate public or nonprofit entity to con­ Even with an increase in the total Public Health Service Act. The health duct such study. number of physicians, these national professions authorities provide basical­ PART D-EFFECTIVE DATE needs would go unmet. ly two kinds of assistance to schools of SEC. 40. EFFECTIVE DATE. Termination or reduction of Federal medicine, dentistry, and the other This Act and the amendments made by support for these programs will have this Act to authorize appropriations to next year's NBS budget, rather than In addition to raw numbers there is the Secretary of Commerce for the as a replacement for important, ongo­ a sociological phenomenon that will programs of the National Bureau of ing programs that we, in the Congress, only make this growing gap worse. As Standards for fiscal year 1986, and for have repeatedly voted to fund. families continue to disperse and more other purposes. There are a number of other minor women enter the work force, more The Clerk read the title of the bill. differences between the House-passed older people will be living alone with The SPEAKER pro tempore. Pursu­ NBS authorization bill and the confer­ greater needs for nursing and other ant to the rule, the conference report ence report. The conferees accepted support. In times past, when genera­ is considered as having been read. the $370,000 projected savings from tions lived in the same communities by the other body, and accepted provi­ family members. That has become The SPEAKER pro tempore. The sions earmarking $50,000 for creation more and more unlikely. gentleman from Florida CMr. FuQUA] and maintenance for data bases for The elderly face problems of atti­ will be recognized for 30 minutes and structural failures and giving NBS au­ tude as well. Our subcommittee hear­ the gentleman from New Mexico CMr. thority to investigate such facilities. ings reveal that many doctors do not LUJAN] will be recognized for 30 min­ Upon written assurance from the NBS like to deal with declining or dying pa­ utes. Director that $3 million will be spent tients. The elderly take more time and The Chair recognizes the gentleman on robotics, the conferees dropped the require more patience, particularly if from Florida CMr. FuQUA]. House-passed floor for robotics re­ they are disabled. Doctors may avoid Mr. FUQUA. Mr. Speaker, I yield search. They provided "such sums as treating the elderly because many of myself such time as I may consume. are necessary" for foreign currency for the ailments by their nature do not Mr. Speaker, I urge adoption of the NBS, but are not advocating a new ap­ improve. Many conditions are fatal; re­ conference report on H.R. 1617, the propriation, since NBS has a $1 mil­ versals of disability or disease are rare. National Bureau of Standards Author­ lion carryover for this program. This is contrary to the physician's ization Act of 1986. The conferees The conferees agreed to drop all lan­ goal, to heal. It may be that medical have agreed to freeze the fiscal year guage provisions dealing with NTIS in­ students-reflecting a larger societal 1986 authorization level for the Na­ cluding the provision which would bias against the elderly-unconscious­ tional Bureau of Standards at fiscal have permittted NTIS to contract for ly avoid training in treating the elder­ year 1985 appropriations levels and its own printing under certain circum­ ly. have accepted the House-passed posi­ stances. They did reserve the right to Dr. John Roe, of the Beth Israel tion for almost all dollar amounts con­ revive the provision in next year's au­ Hospital in Boston, has written, "Just tained within the bill. The conference thorization if NTIS' printing situation as children are not merely young ver­ report allots a 1986 authorization of does not improve. The conferees ac­ sions of adults, the elderly are not $124,485,000 for NBS which is exactly cepted the small administrative reduc­ simply old adults. They require special at a freeze level. The National Techni­ tion proposed by the other body for approaches and an understanding of cal Information Service CNTISl and OPTI on the express condition that the physiological, psychosociological, the Office of Productivity Technology, OPTI's major ongoing efforts, includ- 18982 CONGRESSIONAL RECORD-HOUSE July 15, 1985 ing the Office of Metric Programs and PERSONAL EXPLANATION child will live for a short time, thus securing the dependency exemption. Abortionists its activities to aid small business, will Mr. FUQUA. Mr. Speaker, I was could, and perhaps already do, advise on the not be affected. unable to be present for the vote on "risk" of not having the fetus live at all Mr. Speaker, since the conference Wednesday, July 10 on rollcall No. versus the possible return realizable from report before us contains authoriza­ 214. Had I been present I would have the dependency exemption. The law encour­ tions at or below the House approved voted "nay." ages the least humane, most painful, most budget level, and since all other mat­ macabre of all options: the baby must be ters of controversy within the legisla­ born alive, and then killed or neglected until tion have been resolved, I urge swift 0 1210 death. passage of the bill before us. This sordid affair illustrates the philo­ IRS SHOULD ELIMINATE sophical, moral, and legal absurdities that Mr. Speaker, I reserve the balance of EXEMPTION FOR ABORTIONS my time. result from our abortion laws. Orwellian <3>; to the Com­ So I ask that the people of this ENROLLED JOINT RESOLUTIONS mittee on Education and Labor. country and people throughout the SIGNED 1672. A letter from the Secretary of world speak out and stop this genocide Health and Human Services, transmitting that is taking place in Ethiopia. Mr. ANNUNZIO, from the Commit­ the status and accomplishments of runaway tee on House Administration, reported centers receiving grants under the Runaway that that committee had examined and Homeless Youth Act, pursuant to LEAVE OF ABSENCE and found truly enrolled joint resolu­ Public Law 93-415, section 315 <94 Stat. By unanimous consent, leave of ab­ tions of the House of the following 2762>; to the Committee on Education and sence was granted to: titles, which were thereupon signed by Labor. the Speaker: ) 1673. A letter from the Secretary of Mr. HEFNER ; to the Committee on Govern­ to: I move that the House do now ad­ ment Operations. , the House adjourned until to­ formation Act, pursuant to 5 U.S.C. 552; Mr. RoTH, for 30 minutes, today. morrow, Tuesday, July 16, 1985, at 12 to the Committee on Government Oper­ o'clock noon.> ations. Mr. BILIRAKIS, for 60 minutes, July 1676. A letter from the Acting Director, 16. Office of Personnel Management, transmit­ (The following Members Under clause 2 of rule XXIV, execu­ Office and Civil Service. Mr. FRANK, for 5 minutes, today. tive communications were taken from 1677. A letter from the Acting Assistant Mr. ANNUNz10, for 5 minutes, today. the Speaker's table and referred as fol­ Secretary of the Army , trans­ lows: mitting a survey of the shores of Monroe Mr. DORGAN of North Dakota, for 30 County, FL, in the interest of beach erosion minutes, today. 1665. A letter from the Assistant Secre­ tary of Defense, transmitting a full report control, hurricane protection, and related Mr. GAYDOS, for 30 minutes, July 16. on the program to halt the flow of sensitive purposes, pursuant to Executive Order Mr. GAYDOS, for 30 minutes, July 17. technology and supporting resources, pursu­ 12322; to the Committee on Public Works Mr. HOYER, for 60 minutes, July 30. ant to 10 U.S.C. 138 <96 Stat. 739>; to the and Transportation. Committee on Armed Services. 1678. A letter from the Administrator, En­ 1666. A letter from the Deputy Assistant vironmental Protection Agency, transmit­ EXTENSION OF REMARKS Secretary of Defense, transmitting advise­ ting the administration's opinion on H.R. 8; By unanimous consent, permission ment that the Department of the Army in­ to the Committee on Public Works and to revise and extent remarks was tends to exercise the provision which pre­ Transportation. cludes the Comptroller General from exam­ 1679. A letter from the Deputy Secretary granted to: ining certain records, pursuant to 10 U.S.C. of the Treasury, transmitting a draft of pro­ ; to the Committee on Armed Serv­ posed legislation to amend title 31, United quest of Mr. ROBERT F. SMITH of ices. States Code, to authorize two Under Secre­ Oregon) and to include extraneous 1667. A letter from the Executive Direc­ taries of the Treasury, and for other pur­ matter:> tor, Neighborhood Reinvestment Corpora­ poses; jointly, to the Committees on Bank­ Mr. CRANE. tion, transmitting the 1984 annual report, ing, Finance and Urban Affairs and Ways Mrs. ROUKEMA. pursuant to Public Law 95-557, section and Means. Mr. COURTER in two instances. 607; to the Committee on Banking, Fi­ 1680. A letter from the Chairman, Pension nance and Urban Affairs. Benefit Guaranty Corporation, transmitting Mr. PETRI. 1668. A letter from the Auditor, District of a draft of proposed legislation to amend the Mr. HYDE. Columbia, transmitting a report entitled, Employee Income Security Act of 1974 for Mr. DORNAN of California. "Revenue Report for April 1985," pursuant the purpose of improving the Single-Em­ 1669. A letter from the Secretary of Edu­ and for other purposes; jointly, to the Com­ Mr. RANGEL. cation, transmitting the final funding priori­ mittees on Education and Labor and Ways ty for rehabilitation long-term training-re­ and Means. Mr. ANDERSON in two instances. habllitation counselors, pursuant to GEPA, 1681. A letter from the Secretary of Agri­ Mr. GONZALEZ in 10 instances. section 43l <88 Stat. 567; 90 Stat. 2231; culture, transmitting a draft of proposed Mr. BROWN of California in 10 in­ 95 Stat. 453); to the Committee on Educa­ legislation to amend the act of May 27, 1955, stances. tion and Labor. to increase the effectiveness of domestic Mr. ANNUNZIO in six instances. 1670. A letter from the Secretary of firefighting forces and ensure prompt and Mr. JONES of Tennessee in 10 in­ Health and Human Services, transmitting effective control of wildfires on Federal stances. the sixth annual report to Congress on im­ lands by permitting the use of firefighting plementation of the Age Discrimination Act forces of foreign nations and the reimburse­ Mr. BONER of Tenneseee in five in- of 1975 by departments and agencies which ment of such forces for costs incurred in stances. administer programs of Federal financial as­ fighting wildfires throughout the United Mr. DE LA GARZA. sistance, pursuant to Public Law 94-135, sec­ States, and for other purposes; jointly, to Mr. TORRES. tion 308(b) <92 Stat. 1556>; to the Commit­ the Committees on Foreign Affairs and Mr. DORGAN of North Dakota. tee on Education and Labor. Government Operations. 18986 CONGRESSIONAL RECORD-HOUSE July 15, 1985 1682. A letter from the Comptroller Gen­ Mr. UDALL: Committee on Interior and H.R. 2782: Mr. LAGOMARSINO, Mr. BEILEN­ eral of the United States, transmitting the Insular Affairs. House Joint Resolution 187. SON, Mr. BERMAN, Mr. BONKER, Mrs. COLLINS reviews of audits for years ended December Joint resolution to approve the "Compact of of lliinois, Mr. CROCKETT, Mr. DELLUMS, Mr. 1983 and December 1982 for the National Free Association," and for other purposes; FRANK, Mr. HUGHES, Ms. KAPTuR, Mr. Consumer Cooperative Bank, pursuant to 12 with amendments; referred to the Commit­ LEvINE of California, Mr. MARTINEZ, Mrs. U.S.C. 3025; jointly, to the Committees on tees on Armed Services, the Judiciary, Mer­ MEYERS of Kansas, Mr. MITCHELL, Mr. Government Operations and Banking, Fi­ chant Marine and Fisheries, and Ways and MRAZEK, Mr. LUNDINE, Mr. STUDDS, Mr. nance and Urban Affairs. Means, for a period ending not later than WHITEHURST, and Mr. WIRTH. 1683. A letter from the Comptroller Gen­ July 19, 1985, for consideration of such por­ H.R. 2866: Mr. NEAL and Mr. COBEY. eral of the United States, transmitting a tions of the bill and amendments as fall report ehtltled, "Status of the Interconti­ within the jurisdiction of those committees H. Con. Res. 13: Mr. GREGG. nental Ballistic Missile Modernization Pro­ pursuant to Rule X, clauses l, l. respectively . Ordered to be printed. 1684. A letter from the Acting Assistant PETITIONS, ETC. Attorney General, transmitting a draft of proposed legislation to amend the Con­ PUBLIC BILLS AND Under clause 1 of rule XXII, peti­ trolled Substances Act to create new penal­ RESOLUTIONS tions and papers were laid on the ties for the manufacturing with intent to distribute, the possession with intent to dis­ Under clause 5 of rule X and clause Clerk's desk and referred as follows: tribute, or the distribution of designer 4 of rule XXII, public bills and resolu­ 165. By the SPEAKER: Petition of the drugs, and for other purposes; jointly, to the tions were introduced and severally re­ city administrator, Saginaw, TX, relative to Committees on the Judiciary and Energy f erred as follows: the Fair Labor Standards Act; to the Com­ and Commerce. By Mr. ASPIN an agreement has been ex­ velopment Act of 1965 and the Appalachian the purpose of improving the Single-Em­ ecuted between the Secretary of the Interi­ Regional Development Act of 1965. and Means. Office and Civil Service. H.R. 2851. A bill to such agreement has been submitted to the amend title 5, United States Code, to pro­ By Mr. WHI'ITEN: H.J. Res. 338. Joint resolution making an Congress and 120 calendar days have vide certain benefits for Government em­ elapsed. None of the funds made available ployees and similarly situated individuals urgent supplemental appropriation for the who are captured, kidnaped, or otherwise fiscal year ending September 30, 1985, for to the Secretary of the Interior shall be deprived of their liberty as a result of hos­ the Department of Agriculture; to the Com­ made available for the Animas-LaPlata tile action directed against the United mittee on Appropriations. Project if the agreement required by this States; to provide for certain payments to paragraph has not been reached by Septem­ individuals who were taken hostage as a ber 30, 1986. result of the seizure of the United States ADDITIONAL SPONSORS By Mr. WEAVER: Embassy in Iran in 1979; and for other pur­ Under clause 4 of rule XXII, spon­ -Page 3, line 3, strike out "$846,958,000" poses