AMENDING CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT OF 1964
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Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP72-00337R000400020025-6
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RIFPUB
Original Classification:
K
Document Page Count:
8
Document Creation Date:
December 16, 2016
Document Release Date:
June 1, 2005
Sequence Number:
25
Case Number:
Publication Date:
December 21, 1970
Content Type:
OPEN
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Body:
_H 12198
Approved For Release 2005//po6611o9g 33 002002
CONGRESSIOIVci~~F~-comber 21, 7970'
1Viills
Reuss
Stephens
Mr. O'Konski with Mr. Pelly.
Mize
Rhodes
Stokes
Mr. Taft with Mr. Weld.
Monagan
Rivers
Sullivan
Mr. Weicker with Mr. Relfel.
Montgomery
Roe
Taft
Mr. Coughlin with Mr. Cowger.
Morton
Rostenkowski
Tunney
Mr. Don H. Clausen with Mr. Button.
Moss
Roudebush
Waggonner
ldi
Mr. Steele with Mr. Roudebush.
Murphy, Ill.
O'Konski
Rousselot
Ruppe
e
Wa
Weicker
Mr. Meskill with Mrs. May.
Ga.
O'Neal
Ruth
Wilson, Bob
Mr. Morton with Mr. Lukens.
,
r
tti
St Germain
Wilson,
d hi
nge
O
Patman
Satterfield
Charles H.
s
Mr. WILLIAM D. FORD change
"
"
Polly
Saylor
Winn
Yea.
vote from "nay" to
Pettis
Scherle
Wold
Mr. ECKHARDT changed his vote from
Pollock
Powell
Shipley
Sikes
Wolff
Wydler
"nay" to "yea."
Price, Tex.
Snyder
Young
Mr. BURTON of California changed
Rarick
Steele
Zwach
his vote from "yea" to "nay."
Relfel
Steiger, Ariz.
Mr. HAGAN changed his vote from
So (twp-thirds having voted in favor
thereof) the rules were suspended and
the bill, as amended, passed.
The Clerk announced the following
pairs:
On this vote:
Mr. Hebert and Mr. Brooks for, with Mr.
St Germain against.
Mr. Fallon and Mr. Shipley for, with Mrs.
Chisholm against.
Mr. Waggonner and Mr. Devine for, with
Mr. Barrett against.
Mr. Montgomery and Mr. Long of Louisiana
for, with Mr. Edwards of California against.
Mr. Abbitt and Mr. Rivers for, with Mr.
Hawkins against.
Mr. Caffery and Mr. Fascell for, with Mr.
Moss against.
Mr. Fulton of Tennessee and Mr. Rarick
for, with Mr. Roe against.
-Mr. Sikes and Mr. Stephens for, with Mr.
Stokes against.
Mr. Cabell and Mr. Dowdy for, with Mr.
Waldie against.
Mr. Patman and Mr. O'Neal of Georgia for,
with Mr. Wolff against.
Mr. Satterfield and Mr. Haley for, with
Mr. Charles H. Wilson against.
Mr. McMillan and Mr. Landrum for, with
Mr. Delaney against.
Mr. Evins of Tennessee and Mr. Camp for,
with Mr. Brown of California against.
Mr. Latta and Mr. Lujan for, with Mr. Clay
against.
Mr. Martin and Mr. Price of Texas for,
with Mr. Diggs against.
Mr. Saylor and Mr. Rhodes for, with Mr.
Farbstein against.
Mr. Dent and Mr. Wydler for, with Mr.
McCarthy against.
Mr. Andrews of North Dakota and Mr.
Del Clawson for, with Mr. Ottinger against.
Mr. Corbett and Mr. Pettis for, with Mr.
Powell against.
Mr. Zwach and Mr. Pollock for, with Mr.
Gilbert against.
Mr. Mills and Mr. Burton of Utah for, with
Mr. Collins of Illinois against.
Mr. Burke of Florida and Mr. Hastings for,
with Mr. Tunney against.
Mr. Snyder and Mr. Scherle for, with Mr.
Miller of California against.
Mr. Ruth and Mr. Steiger of Arizona for,
with Mr. Murphy of Illinois against.
Mr. Aspinall with Mr. Bob Wilson.
Mrs. Sullivan with Mr. Fish.
Mr. Hull with Mrs. Dwyer.
Mr. Galifianakis with Mr. Michel.
Mr. Gibbons with Mr. McCulloch.
Mr. Rostenkowski with Mr. Mathias.
Mrs. Griffiths with Mr. Horton.
Mrs. Hansen of Washington with Mr.
Belcher.
Mr. Reuss with Mr. Adair.
Mr. Young with Mr. Mize.
Mr. Hungate with Mr. Rousselot.
Mr.:Burlison of Missouri *ith Mr. Ruppe.
Mrs. Daddario with Mr. Brock,
Mr. Monagan with Mr. Winn.
Mr. Hall with Mr. Denney.
Mr. Crane with Mr. Cramer.
Mr. Clancy with Mr. Halpern.
Mr. Berry with Mr. Ayres.
Mr. Langen with McClory.
reducing the amount by $125,000 from
the amount contained in the House-ap-
proved bill.
Mr. GROSS. Mr. Speaker, I withdraw
my reservation.
The SPEAKER. Is there objection to
the request of the gentleman from New
ersey?
J
was no objection.
The Senate amendment
red in.
A motion to reconsider
the table.
was laid on
L INTELLI-
T
A
R
"nay" to "yea." AMENDING CEN
The result of the vote was announced GENCE AGENCY RETIREMENT
The doors were opened.
A motion to reconsider
the table.
CORRECTION OF VOTE
Mr. DERWINSKI. Mr. Speaker, on
rolleall No. 416 I am recorded as not
voting. I was present and voted "yea."
I ask unanimous consent that the per-
manent RECORD and Journal be corrected
accordingly.
Mr. SPEAKER. Without objection, it
is so ordered.
There was no objection.
AUTHORIZING SPEAKER TO DE-
CLARE RECESS MONDAY, TUES-
DAY, AND WEDNESDAY
Mr. ALBERT. Mr. Speaker, I ask
unanimous consent that it be in order
during Monday, Tuesday, and Wednes-
day of this week for the Speaker to de-
clare a recess at any time subject to the
call of the Chair.
The SPEAKER. Is there objection to
the request of the gentleman from Okla-
homa?
There was no objection.
SOUTH PACIFIC COMMISSION
Mr. GALLAGHER. Mr. Speaker, I ask
unanimous consent to take from the
Speaker's table the joint resolution-(H.J.
Res. 1161) to amend Public Law 403,
80th Congress, of January 28, 1948, pro-
viding for membership and participation
by the United States in the South Pacific
Commission, with a Senate amendment
thereto, and concur in the Senate
amendment.
The Clerk read the title of the joint
resolution.
The Clerk read the Senate amend-
ment, as follows:
Page 1, line 9, strike out "$325,000" and
insert "$250,000".
The SPEAKER. Is there objection to
the request of the gentleman from New
Jersey?
Mr. GROSS. Mr. Speaker, reserving
the right to object, did I hear that this
is being increased from $25,000 to $250,-
000?
Mr. GALLAGHER. No; that is not cor-
rect. The executive request was $325,000.
The House approved the request for the
full $325,000. The Senate approved a cut
in that, and they voted out the measure
for $250,000. So what we are doing is
suspend the rules and pass the bill (S.
4571) to amend the Central Intelligence
Agency Retirement Act of 1964 for Cer-
tain Employees, as amended, and for
other purposes.
The Clerk read as follows:
,?. 4571
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That-
SECTION 1. Section 204(b) of the Central
Intelligence Agency Retirement Act of 1964
for Certain Employees, as amended (78 Stat.
1043; 50 U.S.C. 403 note), is amended by
striking subsection (3) and inserting the
following in lieu thereof:
"(3) 'Child', for the purposes of sections
221 and 232 of this Act, means an unmar-
ried child, including (i) an adopted child,
and (ii) a stepchild or recognized natural
child who lived with the participant in a
regular parent-child relationship, under the
age of eighteen years, or such unmarried
child regardless of age who because of phys-
ical or mental disability incurred before
age eighteen is incapable of self-support, or
such unmarried child between eighteen and
twenty-two years of age who is a student
regularly pursuing a f)ll-time course of
study or training in residence in a high
school, trade school, technical or vocational
institute, junior college, college, university, or
comparable recognized educational institu-
tion. A child whose twenty-second birthday
occurs prior to July 1 or after August 31 of
any calendar year, and while he is regularly
pursuing such a course of study or training,
shall be deemed for the purposes of this para-
graph and section 221 (e) of this Act to have
attained the age of twenty-two on the first
day of July following such birthday. A child
who is a student shall not be deemed to have
ceased to be a student during any interim
between schools years if the interim does not
exceed five months and if he shows to the
satisfaction of the Director that he has a
bona fide intention of continuing to pursue
a course of study or training in the same or
different school during the school semester
(or other period into which the school year
is divided) immediately following the in-
terim. The term 'child', for purposes of sec-
tion 241, shall include an adopted child and
a natural child, but shall not include a
stepchild.".
SEC. 2. Section, 221 (e) of the Central Intel-
ligence Agency Retirement Act (50 U.S.C.
403 note) is amended to read as follows:
"(e) The commencing date of an annuity
payable to a child under paragraph (c) or
(d) of this section, or (c) or (d) of section
232, shall be deemed to be the day after the
annuitant or participant dies, with payment
beginning on that day or beginning or re-
suming on the first day of the month in
which the child later becomes or again be-
comes a student as described in section 204
(b) (3), provided the lump-sum credit, if
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December 21, 1970 CONGRESSIONAL RECORD-HOUSE H1219
lion there is for sale-.22-caliber rim-
lire. To make a long story short, both the
Justice Department and the Treasury
Department say this exemption or excep-
tion as to recordkeeping will not in any
way weaken the bill as passed in the 90th
Congress.
Last year, we wisely accepted and ex-
vinpted certain types of sporting arn nu-
iiition; to-wit. shotgun ammunition and
the component parts of ammunition. We
relieved at that time one unwarranted
burden on sportsmen. Let us now remove
another. Let us give back to the lads in
our rural areas the privilege to once
amain shoot some coyotes, squirrels, and
civet cats,
The clincher of all arguments in favor
of the exemption as to recordkeeping of
these small-caliber cartridges is the fact
this exemption has the support of two
departments downtown. Both Justice
and Treasury says there is no single in-
stance up to now in which the present
recordkeeping has led to a successful in-
vestigation or prosecution of the gun-
control law that was passed in the 90th
Congress. Up to this point, recordkeep-
ing has been self-defeating because well-
meaning citizens have enjoyed a false
sense of security in the belief their se-
curity has been enhanced by the law.
Rising crime statistics prove the con-
trary is true. Now is the time to eliminate
the ineffective, unproductive and fool-
ishness of recordkeeping.
Mr. ULLMAN. Mr. Speaker, to close
debate, I yield the balance of my time
to the gentleman from Wisconsin Mr.
BYRNES).
+Mr. BYRNES of Wisconsin asked
and was given permission to revise and
extend his remarks.)
Mr. BYRNES of Wisconsin. Mr. Speak-
er, I support H.R. 14233. a bill which
adds .22-caliber rimfire bullets to the
ammunition which is exempt from re-
porting requirements of the Gun Control
Act of 1968.
The Congress in 1969 exempted shot-
gun ammunition, ammunition suitable
for use in riffles which are generally
available in commerce, and component
parts of this ammunition from the rec-
ordkeeping requirements of the Gun
Control Act of 1968. The primary aini of
this exemption was, as the Members will
recall, to relieve the Treasury Depart-
ment-as well as hunters and firearms
dealers--of the unusually heavy burden
of keeping extensive records on trans-
actions involving ammunition used by
sportsmen. Tfie 1969 exemption did not
include .22-caliber rimfire ammunition,
which remains subject to reporting re-
quirements of the act.
The committee, in its consideration of
this bill, was told that .22-caliber rimfire
ammunition is the most popular of all
sporting ammunition. and that the
recordkeeping requirements impose sub-
stantial burdens on the Government and
the public without offsetting advantages
of law enforcement.
i'he Treasury and Justice Depart-
ments agreed that they know of no in-
stance where the recordkeeping require-
ment relating to sporting ammunition-
including .22-caliber rimfire-has been
helpful to law enforcement. Additionally,
the Treasury Department pointed out
that because sales of .22-caliber rimfire
ammunition are so heavy, the record-
keeping is particularly burdensome, con-
suming time that would be more profit-
ably in the enforcement of other sections
of the firearms law. The Department of
Justice- while in general deferring to the
Treasury Department views, also told the
commi t tee that-
There is not a single known instance, as
we have learned from our discus;fons with
IRS, with the firearms people there, not a
single known Instance where any of this
recordkeeping has led to a successful inves-
tigation and prosecution of a crime.
We must ask ourselves whether or not
the recordkeeping burden imposed on
purchasers, sellers, and the Government,
relative to .22-rimfire ammunition, is of
any value to our law enforcement efforts.
Since the law enforcement agencies agree
the recordkeeping requirements in the
cure of .22-caliber rimfire ammunition
are valueless-indeed the Treasury De-
partment suggested they may be counter-
productive-we can no longer justify the
burden that is imposed. I want to make
it absolutely clear that this bill does not
affect existing controls on sales to juve-
niles, drug addicts, felons, and others
subject to the provisions of the Gun Con-
trol Act of 1968.
Mr. Speaker, this bill is consistent with
action taken earlier by the Congress to
exempt other sporting ammunition, It
was approved unanimously by the com-
mittee, and I recommend it to the House
for endorsement now.
The SPEAKER. The question is on
the motion of the gentleman from Ore-
gon (Mr. ULLMANI that the House sus-
pend the rules and pass the bill, H.R.
14233, as amended.
The question was taken.
Mr. BINGHAM. Mr. Speaker, I object
to the vote on the ground that a quorum
is not present and make the point of
order that a quorum is not present.
The SPEAKER. Evidently a quorum is
not present.
The Doorkeeper will close the doors,
the Sergeant at Arms will notify absent
Members and the Clerk will call the roll.
The question was taken: and there
were-yeas 246, nays 59, not voting 128,
as follows:
[Roll No. 4351
YEAS--246
Abernethy
Broyhill. Va.
Dorn
Albert
Buchanan
Downing
Alexander
Rnrtesort, Tex.
Dulaki
Anderson,
Bush
Duncan
Calif.
Byrnes, Wis.
Eckhardt
Anderson. 1.11.
Carney
Edmondson
Anderson,
Carter
Edwards, Ala.
Tenn.
Casey
Edwards. La.
Andrews, Ala.
Cederberg
Erlenborn
Annunzio
Chamberlain
Each
Arends
Chappell
Eshleman
Baring
Clark
Evans. Coln.
Beall, Md.
Cleveland
Felghan
Bennett
Collier
Findley
Betts
Collins, Tex.
Fisher
Bevill
Colorer
Flood
Blackburn
Conable
Flowers
Blanton
Conte
Flynt
laatnik
Culver
Foley
Bowes
Cunningham
Ford, Gerald R.
Boland
Daniel, Va.
Ford,
now
Davis, Ga.
William D.
Bray
Davis, Wis.
Foreman
Brinkley
de Is Garza
Forsythe
Broomfield
Dellenback
Fountain
Brotzman
Dennis
Frelinghuysen
Brown, Mich.
Derwinakt
Frey
Brown, Ohio
Dickinson
Friedel
Broyhill, N C.
Dingell
Fulton. Pa.
Futlua McCloskey
Rooney, Pa.
Garmatz McClure
Roth
Gaydos McDade
Sandman
Gettys McDonald,
Schadeberg
Giatmo Mich.
Schmitz
Goldwater McEwen
Schneebeli
Gonzalez McFall
Schwengel
Goodling Macdonald,
Scott
Gray Mass.
Sibelius
Green. Oreg. MacGregor
Shriver
Griffin Madden
Sisk
Gross Mahon
Skubitz
Grover Mailliard
Slack
Gubser Mann
Smith, Calif.
Hagan Marsh
Smith, Iowa
Hamilton Mayne
Smith, N.Y.
Hamner- Meeds
Springer
schmldt Melcher
Stafford
Hanley Miller. Ohio
Staggers
Hanna Minshall
Stanton
Hansen, Idaho Mizell
Steed
Harsha Mollohan
Steiger. Wis.
Harvey Moorhead
Stratton
Hays Morgan
Stubblefield
Heckler, Mass. Myers
Stuckey
Henderson Natcher
Talcott
Hicks Nedzi
Taylor
Hogan Nelsen
Teague, Calif.
Hosmer Nichols
Teague, Tex.
Hunt Obey
Thompson, Ga.
Hutchinson O'Hara
Thomson, Wis.
Ichord Olsen
Udall
Jacobs Passman
Ullman
Jarman Patten
Van Deerlin
Johnson, Calif. Pepper
Vander Jagt
Johnson, Pa. Perkins
Vigorito
Jonas Pickle
Wampler
Jones, Ala. Pirnie
Ware
Jones, N.C. Poage
Watson
Jones, Tenn. Polf
Watts
Karth Preyer, N.C.
Whalen
Kazen Price, Ill.
Whalley
Kee Pryor. Ark.
White
Keith Pueinskl
Whitehurst
King Purcell
Whitten
Kleppe Qule
Widnall
Kluczynaki Quillen
Wiggins
Kuykendall Rallsback
Williams
Kyl Randall
Wright
Kyros Reid, I11.
Wyatt
Landgrebe Rlegle
Wylie
Leggett Roberts
Wyman
Lennon Robison
Yatron
Lloyd Rogers, Colo.
Zablocki
Long. Md. Rogers. Fla.
Zion
NAYS--59
Adams Ekberg
Murphy, N.Y.
Addabbo Fraser
Nix
Ashley Gallagher
O'Neill, Mass.
Bell, Calif. Green, Pa.
Philbin
Biaggi Oude
Pike
Biester Harrington
Podell
Bingham Hathaway
Rees
Boiling Hechler, W. V a. Reid, N.Y.
Brademas Helatoskl Rodlno
Brasco Holifleid Rooney, N.Y.
Burke, Mass. Howard Rosenthal
Burton. Calif. Kastenmeler Roybal
Byrne, Pa, Koch Ryan
Carey Lowenstein Seheuer
Celler Matsunaga Symington
Cohelan Mlkva Thompson, N.J.
Conyers Minish Tiernan
Corman Mink Vanik
Daniels. N.J. Morse Yates
Donohue Mosher
NOT VOTING-128
Abbitt Collins. Ill. Hall
Adair Corbett Halpern
Andrews, Coughlin Hansen, Wash.
N. Dak. Cowger Hastings
Ashhrook Cramer Hawkins
Aspinall Crane Hebert
Ayres Daddario Horton
Barrett Delaney Hull
Belcher Denney Hungate
Berry Dent Landrum
Brock Devine Langen
Brooks Diggs Latta
Brown, Calif. Dowdy Long, La.
Burke. Fla. Dwyer LiiJan
Burlison, Mo. Edwards, Calif. Lukens
Burton, Utah Evins. Tenn. McCarthy
Button Fallon McClory
Cabell Farbstein McCulloch
Caffery Fascell McKneally
Camp Fish McMillan
Chisholm Fulton. Tenn. Martin
Clancy Gallflanakis Mathias
Clausen, Gibbons May
Don H. Gilbert Meskill
Clawson, Del Griffiths Michel
Clay Haley Miller, Calif.
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DP,pember 21;pprW 7y~d For ReCONGRESSIONALCRECORD -OHOUSE0400020025-6
1-112199
paid, is returned to the fund. Such annuity and his total contributions and deposits, in- 1970, and it passed the Senate on De-
shall terminate on the last day of the month cluding interest accrued thereon, except vol- cember 10, 1970, without any contro-
before (1) the child's attaining age eighteen untary contributions, shall be transferred to versy.
unless he is a student as described or in- his credit in the fund of such other retire-
capable of self-support, (2) his becoming ment system effective as of the date he be- Section 1 does three things: First, it
capable of self-support after attaining age comes eligible to participate in such other eliminates the requirement that a child
eighteen unless he is then such a student, (3) retirement system. Each such officer or em- be dependent upon a parent retiree in
his attaining age twenty-two if he is then ployee shall be deemed to consent to the order to receive a survivor annuity. The
such a student and not incapable of self- transfer of such funds and such transfer present definition of a child requires that
support, (4) his ceasing to be such a student shall be a complete discharge and acquittance the child receive more than half his sup-
after attaining age eighteen unless he is then of all claims and demands against the fund port from the participant to be eligible.
incapable of self-support, (6) his marriage, on account of service rendered prior to his
or (6) his death, whichever first occurs.". becoming eligible for participation in such This requirement could defeat a survivor
Soc. 3. Section 221 of the Central Intelli- other system.". annuity based on the service of a work-
gence Agency Retirement Act (50 U.S.C. 403 SEC. 6. Section 252 of the Central Intelli- ing mother. This support requirement
note) is amended by deleting the last two gence Agency Retirement Act (50 U.S.C. 403 was eliminated from thee Civil Service
sentences of paragraph (f), and adding the note) is amended by adding the following Retirement Act by the 89th Congress-
following new paragraphs (1), (J), and (k) : new paragraph (g) : Public Law 89-504.
"(i) Except as otherwise provided, the an- "(g) For the purpose of survivor annuity, Second, it also raises from 21 to 22 the
nuity of a participant shall commence on special contributions authorized by para-
the
the day after separation from the service, graph (b) of this section may also be made maximum age for receiving survivor an-
on the day after salary ceases and the par- by the survivor of a participant.", nuity payments as a student and in-
i
i
t
c
pant meets the service and the age or
disability requirements for title thereto. The
annuity of a participant under section 234
shall commence on the day after the occur-
rence of the event on which payment there-
of is based. An annuity otherwise payable
from the fund allowed on or after date of
enactment of this provision shall commence
.on the day after the occurrence of the event
on which payment thereof Is based.
"(j) An annuity payable from the fund on
or after date of enactment of this provision
shall terminate (1) in the case of a retired
participant, on the day death or any other
terminating event occurs, or (2) in the case
of a survivor, on the last day of the month
before death or any other terminating event
occurs.
"(k) The annuity computed under this
section is reduced by 10 per centum of a
special contribution described by section
252(b) remaining unpaid for civilian serv-
ice for which retirement deductions have
not been made, unless the participant elects
to eliminate the service involved for the
purpose of annuity computation.".
SEC. 4. Section 236 of the Central Intelli-
gence Agency Retirement Act (50 U.S.C. 403
note) is amended by deleting the words "nor
a total of four hundred" and substituting
the words "nor a total of eight hundred".
SEc. 5. Section 252 of the Central Intelli-
gence Agency Retirement Act (50 U.S.C. 403
note) is amended by deleting paragraph (c)
(1); renumbering paragraphs (c) (2) and
(c) (3) to read (c) (3) and (c) (4); and in-
serting the following new paragraphs (c)
(1) and (c) (2) :
"(c) (1) If an officer or employee under
some other Government retirement system
becomes a participant in the system by di-
rect transfer, the Government's contribu-
tions (including interest accrued thereon
computed at the rate of 3 per centum a year
compounded annually) under such retire-
ment system on behalf of the officer or em-
ployee shall be transferred to the fund and
such officer or employee's total contributions
and deposits (including interest accrued
thereon) , except voluntary contributions,
shall be transferred to his credit in the fund
effective as of the date such officer or em-
ployee becomes a participant in the system.
Each such officer or employee shall be deemed
to consent to the transfer of such funds and
such transfer shall be a complete discharge
The SPEAKER. Is a second demanded? mum absence from school which may be
Mr. BRAY. Mr. Speaker, I demand a permitted without terminating the sur-
second. vivor annuity. This will aid survivor chil-
The SPEAKER. Without objection, a dren enrolled in trisemester programs to
second will be considered as ordered. secure employment and earn money
There was no objection. without losing their annuity.
The SPEAKER. The Chair recognizes This same action was taken by the
the gentleman from Massachusetts (Mr. 89th Congress for student beneficiaries
Mr. PHILBIN. Mr. Speaker, the bill
makes certain changes in the CIA Re-
tirement Act of 1964 which will conform
to provisions enacted into law with re-
spect to the Civil Service Retirement Act.
These conforming amendments deal
with definitions related to child sur-
vivors, commencement date of annuities,
and a formula for crediting prior Fed-
eral service not covered by contributions.
It also makes two other changes. It
provides for the transfer of employee
contributions into and out of the CIA
retirement fund and increases the ceil-
ing on retirements. Essentially, the bill
conforms the current CIA bill of 1964
with the U.S. Civil Service Act.
Mr. Speaker, S. 4571 is a bill to amend
the Central Intelligence Agency Retire-
ment Act of 1964 for certain employees,
as amended, and for other purposes.
The bill makes certain changes in the
CIA Retirement Act of 1964 which will
conform to provisions enacted into law
with respect to the Civil Service Retire-
ment Act. These conforming amend-
ments deal with definitions relating to
child survivors, commencement date of
annuities, and a formula for crediting
prior Federal service not covered by con-
tributions. It also makes two other
changes. It provides for the transfer of
employer contributions into and out of
the CIA retirement fund and increases
p
es spec
c provisions
the ceiling on retirements. for termination of annuities to retirees
As you know, the CIA Retirement Act and survivors.
was enacted to provide a comprehensive This will conform the CIA retirement
retirement and disability programs for system to the civil service retirement sys-
a limited number of employees whose tem in this respect-S U.S.C. 8345.
duties either were in support of agency Section 3 also makes a technical
activities abroad, hazardous to life or change in the la
hi
h
w w
c
will provide an
against the other Government retirement health, or so specialized as to be clearly option to credit prior civilian service for
fund on account of service rendered prior distinguishable from normal Govern- which no deductions have been made by
to becoming a participant in the system. ment employment. The CIA operates un- reducing the resulting annuity by 10 per-
"(c) (2) If a participant in the system be- der two retirement systems; the regular cent of the amount owed. This will con-
comes an employee under another Govern- civil service retirement system for the form the CIA retirement system to the
ment retirement system by direct transfer to majority of its employees, and the one civil service system in this respect-5
employment covered by such system, the established under the CIA Retirement U.S.C. 8339(h).
Government's contributions (including in-
terest accrued thereon computed at the rate Act of 1964 for a very limited number of Section 4 increases to 800 the retire-
of 3 per centum a year compounded annu- employees, ment ceiling imposed on anticipated re-
ally) to the fund on his behalf shall be The Senate Armed Services Commit- tirements through June 30, 1974. Under
transferred to the fund of the other system tee reported this bill on December 8, existing law, retirements during the
under the Civil Service Retirement Act
(Public Law 89-407, 504).
Lastly, it permits a natural child to
share in the distribution of any money
in the CIA retirement and disability
fund. The act today clearly permits a
natural child to receive an annuity but
it is not entirely clear with respect to
lump-sum benefits. This would correct
this deficiency.
A similar provision amending the Civil
Service Retirement Act was approved by
the 89th Congress-Public Law 89-407.
Section 2 provides for the commence-
ment and termination date for a child
survivor annuity and assures that the
survivor annuity of a student may be
resumed even though it- had previously
been terminated, as for example, be-
cause of military service, Today once an
annuity has been terminated because of
an absence between school terms in ex-
cess of the maximum absence authorized,
the annuity cannot be resumed.
A similar amendment to the Civil
Service Retirement Act was approved by
the 89th Congress-Public Law 89-504.
Section 3 makes a technical change in
the law which will authorize the com-
mencement of an annuity as soon as the
individual enters a nonpay status. Under
existing law, an annuitant must wait
until the beginning of the month follow-
ing his date of separation.
It also incor
orat
ifi
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H 12200 CONGRESSIONAL. RECORD - HOUSE December 21, 1 q 70
formative years of the system were lim- This bill does not make any increase in Mr. PHILBIN. I yield to the distin-
ited to 400 for the first 5-year period end- the number of people eligible for that guished and able gentleman from Texas.
ing June 30, 1974. In the absence of AC- retirement. Mr. GONZALEZ. Mr. Speaker. I rise in
tuarial experience the establishment of Mr. GROSS. This bill is not designed connection with this bill to ask some
a ceiling on retirements was necessarily to expand upon the numbers in the CIA questions only because a few years ago
somewhat arbitrary. The ceiling was es- who are now covered by early retire- I attempted to get some information con-
tablished with the understanding of all ment? cerning the CIA and I was told there was
concerned that it would be adjusted as Mr. PHILBIN. Yes, there would be not anybody on the congressional level
necessary. Experience to date has indi- some increase. There are a few, and as who really knew either the extent of
cated that the ceiling of 400 for the sec- they become eligible there would be some the moneys expended for this Agency or,
and 5-year period is insufficient. In the Increase. The limit was about 400. I think for that matter, the number of em-
interest of orderly and equitable person- at the present time It runs up to 600 or ployees.
nel management an increase in this cell- thereabout, and this bill would provide It would seem to me that without try -
ing is essential. The Agency is rapidly another 400 to take care of those as well ing to divulge unnecessary secret and
reaching the ceiling now established by as those who may become eligible in vital information regarding the security
law and without the increase would be future years, through the next 5 years. of the Nation, we should know if this
unable to accommodate the numbers who for example. committee has any kind of oversight over
will go on the retired list prior to June Mr. GROSS. Then I ask the gentle- this Agency and does the committee
1974. man. What will that increase the know how many employees the Agency
Under existing law, an individual who unfunded liability of the Government has, and whether or not it duplicates
transfers into the CIA retirement fund employees' retirement fund? any other intelligence services in or out
from some other Government retirement Mr. PHILBIN. These people, before of the Government? I ask this because
system can transfer his contributions they can become eligible for retirement, some 4 or 5 years ago some information
from the other fund to the CIA fund, but must have 20 years of service and be at I received from one service was that
there is no provision for transfer of the least 50 years of age, as the gentleman there was needless duplication.
Government contribution to such fund. knows. I am sure the gentleman is well In connection with this legislation the
Also. when an individual transfers informed as to the types of persons who question wouldbe: If we do not have any
from the CIA retirement fund to some are recruited for this very dangerous idea as to how many employees this
other Government retirement fund, there type of work. would affect, how do we know the ulti-
is no provision for the transfer of either Mr. GROSS. Unfortunately, I am un- mate impact on cost?
the Government's contribution or his informed as to all the ramifications of Mr. PHILBIN. We have information
own contribution to the non-CIA retire- what you are proposing here today, and from the agency as to what the impact
ment fund. Section 5 would correct the I would like to have some estimate at on cost would be.
inequities of this situation. least of the contribution to the unfunded I may say to the gentleman, the over-
The Civil Service Commission is wholly liability of the retirement fund which is all figures as to employees in the agency
in accord with this change. already billions of dollars in the red, would be security figures. They would be
Section 6 makes a technical change in Mr. PHILBIN. It is estimated that this classified for the most part. If the gen-
the law granting to survivors the same bill would create only a minimal in cost tleman wants to get those figures, I can
right afforded participants to purchase to the Government. see no reason why he could not get them
retirement credit for prior civilian serv- Mr. SCOTT. Mr. Speaker, will the gen- as a Member of Congress, although they
ice. tiernan yield? are not generally known.
This will conform the CIA retirement Mr. PHILBIN. I yield to the distin- Mr. GONZALEZ. My understanding is
system to the civil service retirement sys- guished and able gentleman from Vir- that a few years ago even to the Mem-
tem in this respect-5 U.S.C. 8334. ginia. -bens of Congress the extent or dimension
Mr. Speaker. I know that this body Mr. SCOTT. Mr. Speaker, I have lis- would not be divulged, and that in fact
would want to enact this legislation be- tened to the exchange between the two even the highest levels of congressional
cause it merely equalizes the benefits to gentlemen: yet I still do not understand leadership did not really know the full
this special group of employees to civil whether there will be more people in- range and extent of the activities. If this
service employees. I urge the passage of cluded in the early retirement. Will ad- is true, then there is a question as to
the bill- ditional people be permitted to retire whether the matter of security reaches
Mr. GROSS. Mr. Speaker, will the ..fer 20 years of service, and at age 50? that high, to even the congressional lead-
gentleman yield? Mr. PHILBIN. At the present time ership not having full information on
t here are some who are already eligible such a thing as the extent of the appro-
Mr. PHILBIN. Yes, the gentleman will f91. retirement. There are not enough priations the Congress itself provides for
be pleased to yield to the distinguished numbers of authorizations to accommo- this agency,
and able gentleman from Iowa. date those people, and this bill will in- I am not trying to divulge information
Mr. GROSS. We all know. I am sure, crease the number, so that group can be that should not be divulged, if it relates
that there are two retirement systems in taken care of, and also It will take care to the security or the safety of the Na-
the CIA. Would this expand on early re- of those who will become eligible In the tion.
tirement for that portion of CIA em- next 5 years. There will be an Increase It seems to me, the difficult times in
ployees who are alleged to be or held to in the bill to provide for those who are which we live, with the urgent necessity
be in hazardous employment? Do we have going to become eligible across the board, for an open society to create this type
here a repetition of the bill that was ap- for the next 5 years. not only among of agency for its own defense, at least on
proved a few days ago to bring certain those who will become eligible following the congressional level we could have
other employees under early retirement? overseas service, but also those who will some assurance that some committee or
Mr. PHILBIN. No. we have some back- become eligible after general or regular some leadership in the Congress knows
log in applications at the present time, service. exactly what is going on in that agency.
and this bill would step up somewhat the Mr. SCOTT. Mr. Speaker, if the gen- Mr. PHILBIN. As the distinguished
opportunities for those who are eligible tleman will yield further, I am not think- gentleman knows, this is merely a bill
for application to make such applica- ing of numbers, but ask if there is a which deals with the retirement system
tions, to bring them up to date. But it change in the law under which different the Congress has set up to provide re-
does not make any inordinate increases categories of people within the CIA would tirement for those employed in the
of opportunities for applications. As the come under early retirement? agency.
gentleman knows, 25 percent of the pres-
t Mr. PHILBIN. No sir: there is no Insofar as oversight by congressional
snd very personnel of CIA is
hazardous occupations cuin over ove that t change in the law in respect to a change committees is concerned, there is that
seea as and ve in entitlement, only to the numbers who function exercised by the Committee on
require them to be away from the coun- may retire. Armed Services of the House to a con-
wwyhelm for ing ng l number bar periods of employees of over- CIA Mr. SCOTT. I thank the gentleman. siderable extent, As the gentleman our employed in this country or overseas are Mr. GONZALEZ. Mr. Speaker, will the knows, the members of same clmm ttee
not in hazardous employment. gentleman yield?
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December 21, 1970 CONGRESSIONAL RECORD -HOUSE H 12201
tion regulation and the same security piecemeal attack on pensions for Fed- the child receive more than half his sup-
regulation which other people would be eral employees. We are establishing pre- port from the participants to be eligible.
bound by generally, with respect to num- cedents for future actions that we do This requirements could defeat a sur-
bers and sometimes the detailed activi- not really appreciate their magnitude vivor annuity based on the service of a
ties of what the agency is doing, and their influences on our operations working mother. This support require-
I can assure the gentleman that one and on our economy. ment was eliminated from the Civil
of the subcommittees of the Committee I would hope that some committee of Retirement Act by the 89th Congress-
on Armed Services of the House meets this House, preferably, I suppose, the Public Law 89-504.
regularly with officials of the CIA and is Committee on Post Office and Civil Serv- Second, it also raises from 21 to 22
given complete briefings and complete ice, would make an indepth study of the maximum age for receiving survivor
answers to any questions propounded. As just where we are going and what the annuity payments as a student and in-
I say, there are some classified areas, as long-range benefits are, because to retire creases from 4 to 5 months as the maxi-
the gentleman knows, and the gentle- someone at the age of 50 and allow them mum absence from school which may be
man from Massachusetts would not feel to go to work elsewhere in other Gov- permitted without terminating the sur-
disposed to talk specifically about the ernment employment, or to actually take vivor annuity. This will aid survivor chil-
classified aspects on the RECORD. him out of the work force and have him dren enrolled in trisemester programs to
Mr. GONZALEZ. But the members of retire at the age of 50 in is in my opinion secure employment and earn money
the Armed Services Committee-or at very inflationary. without losing their annuity.
least, the Armed Services Committee, it- Mr. Speaker, I think this is a prece- This same action was taken by the
self, is privy to the substantial goings on dent-setting trend and one to which I 89th Congress for student beneficiaries
in that Agency? would object that we enter into so late under the Civil Service Retirement
Mr. PHILBIN. Yes, to a very large in the session. I would hope that a bill Act-Public Law 89-407, 504.
extent, of this sort would lay over between the Last, it permits a natural child to
Mr. GONZALEZ. To a large extent? branches of the Congress or that the share in the distribution of any money
Mr. PHILBIN. Yes; I would say that executive would take it up next year after in the CIA retirement and disability
we cover, in our talks and in our conser- more methodical study, fund. The act today clearly permits a
vations and conferences, virtually all the I thank the gentleman for yielding, natural child to receive an annuity but
work that the agency is undertaking. We Mr. PHILBIN. I thank the gentleman it is not entirely clear with respect to
receive full reports from them. We cover for his remarks. lump-sum benefits. This would correct
a wide range, and I should say practi- Mr. ARENDS. Mr. Speaker, will the this deficiency.
cally all the activities are made known to gentleman yield? A similar provision amending the Civil
us in one way or another. But we are not Mr. PHILBIN. I yield such time as he Service Retirement Act was approved by
privileged to make that information may consume to the distinguished gen- the 89th Congress-Public Law 89-407.
public, tleman from Illinois (Mr. ARENDS). Section 2 provides for the commence-
Mr. GONZALEZ. No. (Mr. ARENDS asked and was given ment and termination date for a child
Mr. PHILBIN. We are not able to permission to revise and extend his re- survivor annuity and assures that the
make it public in debates in the House. marks.) survivor annuity of a student may be
Mr. GONZALEZ. I understand that. Mr. ARENDS. Mr. Speaker, S. 4571 is resumed even though it had previously
What I am getting at is the question: Is a bill to amend the Central Intelligence been terminated, as for example, because
there any aspect of the activity of the Agency Retirement Act of 1964 for cer- of military service. Today, once an an-
CIA that the members of this Special tain employees, as amended, and for nuity has been terminated because of
Subcommittee of the Armed Services other purposes. an absence between school terms in ex-
Committee wish to find out about in a The bill makes certain changes in the cess of the maximum absence authorized,
proper way, and whether they have that CIA Retirement Act of 1964 which will the annuity cannot be resumed.
freedom to do so? conform to provisions enacted into law A similar amendment to the Civil Serv-
Mr. PHILBIN. Yes; the committee with respect to the Civil Service Retire- Ice Retirement Act was approved by the
would have freedom to do so. ment Act. These conforming amend- 89th Congress-Public Law 89-504.
Mr. .ONZALEZ. The Agency is amen- ments deal with definitions relating to Section 3 makes a technical change
able to oversight by the committee? child survivors, commencement date of in the law which will authorize the com-
Mr. PHILBIN. That is true; yes. If the annuities, and a formula for crediting- mencement of an annuity as soon as the
gentleman has any questions he wishes prior Federal service not covered by individual enters a nonpay status. Under
the committee to propound the commit- contributions. It also makes two other existing law, an annuitant must wait
tee would be glad to do so. changes. It provides for the transfer of until the beginning of the month follow-
Mr. GONZALEZ. I thank the gentle- employer contributions into and out of ing his date of separation.
man, the CIA retirement fund and increases It also incorporates specific provisions
Mr. KEITH. Mr. Speaker, will the gen- the ceiling on retirements, for the termination of annuities to re-
tleman yield? As you know, the CIA Retirement Act tirees and survivors.
Mr. PHILBIN. I am pleased to yield was enacted to provide a comprehensive This will conform the CIA retirement
to my distinguished and able colleague retirement and disability program for a system to the civil service retirement sys-
from Massachusetts (Mr. KEITH). limited number of employees whose tem in this respect-5 United States Code
(Mr. KEITH asked and was given duties either were in support of agency 8345.
permission to revise and extend his activities aboard, hazardous to life or Section 3 also makes a technical
remarks.) health, or so specialized as to be clearly change in the law which will provide an
Mr. KEITH. I appreciate the gentle- distinguishable from normal Government option to credit prior civilian service for
man yielding. employment: The CIA operates under two which no deductions have been made by
Mr. Speaker, I would like to pay tri-, retirement systems; the regular civil reducing the resulting annuity by 10
bute to my colleague from Massachusetts service retirement system for the major- percent of the amount owed. This will
for his many years of devoted service to ity of its employees, and the one estab- conform with the CIA retirement system
our Nation and to the Armed Services lished under the CIA Retirement Act of to the civil service system in this
Committee.. 1964 for a very limited number of em- respect-5 United States Code 8339(h),
Mr. Speaker, I was elected to the State ployees.
senate in 1952 on an issue relating to The Senate Armed Services Commit- Section 4 increases to 800 the ipa ed
ment ceiling imposed on anti
pensions that we were providing for tee reported this bill on December 8, retirements through June 30, 1974. Unde. Under
r
members of the legislative branch and 1970, and it passed the Senate on De- existing law, retirements during the
for State employees. It became an issue cember 10, 1970, without any controversy, formative years of the system were lim-
of tremendous public interest because Section 1 does three things: First, it ited to 400 for the first 5-year period
of the hodgepodge that we had in the eliminates the requirement that a child ending June 30, 1974. In the absence of
State government in Massachusetts, be dependent upon a parent retiree in actuarial experience the establishment of
Mr. Speaker, I am afraid that we are order to receive a survivor annuity. The a ceiling on retirements was necessarily
developing a hodgepodge here in this present definition of a child requires that somewhat arbitrary. The ceiling was
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H 12202 CONGRESSIONAL RECOR bulw established with the understanding of all wishes go with PHIL as he returns to Speaker has called t rehi He is a ark of
concerned that it would be adjusted as private life. strength, necessary. Experience to date has indi- Mr. McCORMACK. Mr. Speaker, will of compassionate and judicious strength.
cated that the ceiling of 400 for the sec- the distinguished gentleman from Mas- He is ai wise iand s a dii n
a of noble scholar
and 5-year period is insufficient. In the sachusetts yield? and interest of orderly and equitable person- Mr. PHILBIN. I am happy to yield to ter, decent, kind and humble, a great
nel management an increase in this ceil- the distinguished Speaker. legislator whom we will all miss.
ing is essential. The Agency is rapidly (Mr. McCORMACK asked and was You may be leaving this Chamber as you e
reaching the ceiling now established by given permission to revise and extend his areeembehePHf IL, but s that will never
ha be
law and without the increase would be remarks.) you v
unable to accommodate the numbers who Mr. McCORMACK. Mr. Speaker, I am made here.
will go on the retired list prior to June very glad to join in the remarks made by Mr. DICKINSON. Mr. Speaker, will
1974. my distinguished friend from Illinois the gentleman yield?
Under existing law, an Individual who (Mr ABENns) in relation to our dear Mr. ARENDS. I yield to the gentle-
transfers into the CIA retirement fund and valued friend and colleague, PHIL maannrfroo Alaba Alabama. Mr. Speaker, I want
from some other Government retirement PHILBIN.
system can transfer his contributions I first came to know PHIL PHILBIN to thank the gentleman from Illinois for
from the other fund to the CIA fund, but when I came to Washington as a new yielding, and certainly thank him for
there is no provision for transfer of the Member of the House of Representatives. bringing to the attention of the mem-
Government contribution to such fund. He .vas then associated very closely with bership of the House the fact that this
Also, when an individual transfers one of the great Americans of our time, is the last bill, probably, that our friend
from the CIA retirement fund to some a former Lieutenant Governor of Massa- and colleague, the gentleman from Mas-
other Government retirement fund, there chusetts, a former Governor of Massa- sachusetts c Mr. PHILBIN), will be han-
is no provision for the transfer of either chu etts and then a U.S. Senator, the dling for
Speaker isshas been my pleasure
the Government's contribution or his late Honorable David R. Walsh. Mr. owncontribution to the non-CIA retire- Throughout the years that we have and privilege to serve on the committee
is 5 would correct the been between uusseah there feeling of by with, and on the subcommittee
distinguished gentleman hfrom
neq fund. Section
ment
inequities ies tommis
The Civil l Service Commission is wholly Pf ri s term and of srespect. Durig ervice In this body h he inacomm committee assignments kept me from
in accord with this change.
Section 6 makes a a technical change in was not only forward-looking in the eon- attending the recent meeting of the
the law granting to survivors the same slderation of legislation relating to the House Committee on Armed Services
right afforded participants to purchase people of our country on a domestic or where tributes were paid to my friend
Mas-
certainlya
retirement credit for prior civilian 1 f the a world's history he this has been a bul- sa huset the
service, not want
servce.
This will conform the CIA retirement war k of strength in connection with the to let this opportunity go by without sec-of t system to the civil service retirement sys- national defense of our country and of a been handed the andaccol vaeey thaervedle
tern in this respect-5 United States firm foreign policy.
Code 8334. The People of America are indebted so-the gentleman from Massachusetts.
Mr. Speaker, I know that this body to him for his outstanding service, his He has been my friend. He has gone ay Lo would want to enact this legislation clear vision, his ability to penetrate into outt. of new won the eo of help and when
because it merely equalizes the benefits the future and see history in the making, I PHIL
to this special group of employees to civil which d foryth difficult for any has PHI BINbe leavea Her is me100 sP rcent
service employees. American, and a great friend of mine.
Mr. Speaker, if I may take the time made to America so that our country
of the House for a few minutes. I want will always be on its guard, ever vigilant, Thank you very 'MT cs esker, will the
to call attention to the fact that I feel and in the possession of a strong and Mr. PEPPER. this is probably the last piece of legisla- powerful national defense that is so gentleman yield?
tion from the Committee on Armed Scrv- vitally important for the unforeseeable MMr. r. PEPPIER. I yield d to the I gethntlem to .
ices that the gentleman from Massa- period that I can look into.
chusetts will bring before the House. So. Mr. Speaker, we all pay our tributes distinguished gentleman for affording
Therefore. I pause to pay tribute to film to this great legislator and this great me this opportunity to join with the dis-
as a member of our Armed Services American. and this good man. In the tinguished Speaker of the House and my
Committee on which he has so diligently years that lie ahead for him I know that colleagues in expressing our heartfelt
served over many, many years. He has I speak the sentiments of all my col- tribute to PHIL PHILBIN. When PHIL
been the ranking member of our com- leagues when I say that we wish him PHILBIN leaves this House, there will be hea mittee, attending to his duties objec- every happiness and success. not in an many a a red
be-
manandhm House is vy he rt,
tively, motivated at all times by doing inactive life in retirement. but in a very
those things he felt were in the best in- active life we all know he will partici- to edlthan is he. Ncou man has re. de-
terests of our country and it national pate in.
defense posture. Su to You. PHIL, my dear friend, en- man has been more dedicated to the per-
Mr. Speaker, the other day, with most joying the friendship and respect of all formance of his duty and to the service
all of us on the committee being pres- your colleagues, I extend-speaking for of his fellow man and in lightening the
c?nt. each one of us put on Carpe in the myself and our colleagues-our very burden to be borne by his fellow citizens
presence of the gentleman from Massa- best wishes and all the gratitude for the than he.
chusetts (Mr. PHILBIN) our thoughts and way you have served our country in this Mr. Speaker, this is a man truly
expressions of esteem and love for the body, and our very best wishes for count- wworthy orthy to be called a staas tea an an truly
and
gentleman. I thought it was a wonderful less of years to come.
occasion and something which I know lMr. ALBERT. Mr. Speaker, will the d-d ca ed servant of t Pape ofple the coup
PHIL will remember all his life. I might gentleman yield') r. Speaker, in my
reiterate the collective thoughts of the Mr. ARENDS. I yield to the distin- try one of the highest accolades you can
members of the committee at that time guished gentleman from Oklahoma. extend to one whom you would honor is
and what is now being said by his Mr. ALBERT. Mr. Speaker, to attempt to say that he is a gentleman and a
colleagues, that here indeed is an out- to add to the eulogies which our great scholar-and this dear man deserves
standing gentleman, a man of courage Speaker and the distinguished Republi- every accolade which can be extended to
and conviction, one everyone of us are can whip, who have served so closely him. He is a great American and he to me
proud to call our friend. Indeed, we are with PHIL PIIILBIN, have paid to him, will always be a cherished friend.
sorry he is leaving the Armed Services would be comparable to guilding the lily, PHIL. may God bless you and be with
Committee, and this House of Repre- but I cannot let this opportunity pass you for many, many more years to come. ives.
Mr.
use how
the
tellin
great
miss
We w
Pennsylvani latortin the yearslto come. As ll ourigood w fspectand love th great American. The Speaker will the gent eman yie da Mr.
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Mr. ARENDS. I yield to the gentleman. gress-has been nothing short of remark- Member who has ever been his colleague
Mr. FULTON of Pennsylvania. Mr. able. No letter ever went unanswered. in this National House of Representa-
Speaker, it is a real pleasure to say that No plea for help was ever ignored. No tives.
we who are personal friends of PHIL constituent seeking advice was ever But his more universal admiration
PHILBIN think he is one of the best loved turned away. He and his able adminis- and affection, by untold thousands of
Members of the House, also one of the trative assistant, Clifford O. Gaucher, his constituents, and fellow citizens in
hardest working Members, with excel- established what is tantamount to a the Commonwealth of Massachusetts
lent judgment based on broad experience model congressional office in constituent and throughout the country, has been
in reaching his position as one of the service. earned because he is one of the finest
top ranking members of the important I value highly my personal friendship human beings ever born into this world's
House Armed Services Committee. with Congressman PHILBIN, and I wish tribulations and joys, adversities and tri-
As a matter of fact, PHIL PHILBIN is him the very best in the future. umphs. He is possessed of the highest
one of the friendliest Members we have Mr. ROONEY of New York. Mr. Speak- character and integrity and, among the
ever had in the House, with his constant er, I should like to join with my col- so-called ordinary people, he is beloved
cheerfulness and comprehensive knowl- leagues, the Speaker, the majority leader, for his compassionate understanding,
edge of House procedures. Congressman and the distinguished gentleman from congenial manner, warmhearted gener-
PHIL PHILBIN has always been helpful Illinois (Mr. ARENDS) as they salute the osity, quiet encouragement and a gen-
to me ever since I have been a Member distinguished gentleman from Massachu- uine interest in and devotion to the hap-
of the Congress. He gladly helps, regard- setts, Hon. PHILIP J. PHILBIN, an piness and the progress of a ery person
less which side of the House aisle, or old friend. I have had the good fortune and every family that ever came within
what party, liberal or conservative that to know PHIL ever since the day I came the bounds of his public responsibility
Members belong to. to the House of Representatives and have and private acquaintance.
The CONGRESSIONAL RECORD should always had nothing but the highest re- The rather paradoxical truth is that
s
erhow fine eulogy, Mr. Sp aker, that aer the Speak- whole House Sneak- gard for him both as a Member of this lasting memories here probably do not
the body and as a man. I am sure my col- come so much from anmously rose in high tribute to Congress- leagues on both sides of the aisle join me islative record that is established but
man PHIL PHILBIN of Massachusetts. in the belief that he is one of the out- rather by the conduct, the manner, the
Unanimous rising tribute is a rare gift standing Members of the House and that disposition, the personality, the spirit,
of the House, especially when partici- he will be sorely missed. PHIL has devoted the human niceties, if you will, that each
pated in by all Members, the Speaker, his entire public life to serving the peo- one projects here.
and the leadership of both parties, pie of his State and in particular those
To Congressman PHIL PHILBIN of Mass- in Massachusetts' Third Congressional
s a things,
I On say the h, apart from other
achusetts we all join in friendship with District. He has served them faithfully es of y the human attributes and ex-
you in saying, Godspeed to you, PHIL, and well and I wish him happiness and cues Phis odILBIN will never be ex-
you best wishes for a long and happy contentment in the coming years. celled in tbody.
life. You fully deserve every honor ac- Mr. DONOHUE. Mr. Speaker, it is a of Our reflection
legislative live i upon the unusual aspect
c
corded by the Members of the U.S. House life emphasizes, I think,
co Representatives to you today, privilege to join with the Members of the that the greatest service that any indi-
Mr. BELL of California. today. Mr. Speak- the House here this afternoon in this vidual, in any activity, can render to
er, there is o Member of this House spontaneous tribute to the exemplary his contemporaries and those who come
er, t is more no beloved than of PHIL PHILBIN. personal character and the extraordinary after is to provide an example of a char-
T t he outstanding led than that has legislative service of Congressman PHILIP actor that is unquestioned, a dedication
provided n teArmed Services Commit- J. PHILBIN, of Massachusetts, to our Na- that is unsurpassed, a courage that Is in-
tro, provided of known and we deserved. tional Government, his constituents, and exhaustible, a patriotism that remains
His consistently good judgment that he his fellow Americans throughout the undaunted throughout the most violent
has shown in all his committee work country. storms, a compassion that is boundless,
as well as general work on the floor has Few, if any, men have served in this and a friendship that is unstinting in
been long admired. national legislature more effectively and resolution and loyalty.
I wish the gentleman from Massa- unselfishly than PHIL PHILBIN. Few, if Beyond all other accomplishments this
chusetts, PHIL PHILBIN, Godspeed and any, have been less heralded for their is the real endowment that PHIL PHILBIN
continued success in all of his endeavors immense contribution to the progressive has given to us here and to those who are
wherever they may be and whatever they security, health, educational advance- yet to come.
involve. ment and economic development of our The legacy he leaves here is comprised
Our friend will be sorely missed by his people over the last 28 years learned in of the simple strengths upon which the
colleagues in the House of Represents- our laws, diligent in his committee and stability, survival, and progression of our
tives. Chamber legislative assignments, per- communities and our commonwealths
suasive in his appeals for legislative sup- and our country depend.
Mr. BOLAND. Mr. Speaker, I join my port of those measures that attracted his
colleagues in paying tribute to PHILIP J. deepest belief, tolerant and understand- pleL of the N'S inspiring personal ex-
ex-
PHILBIN. Elected to the Congress nearly able of opposing views, every ready ample of the patriotic use and applica-
three decades ago, PHIL has earned the accept the impact of authoritative fact tion of these eternal strengths will con-
respect and friendship of virtually every and testimony, steeped in the use of ex- -per memory encouragement will to be a each pro us,
Member he has worked with over the perience for wholesome accomplishment, person of us,
years. As a' ranking member of the and dedicated to the proposition that a forever, and the integrity of his conduct
Armed Services Committee, second in progressive legislative beginning is bet- will remain as a wholesome blessing
seniority only to Chairman L. MENDEL ter than an acrimonius deadlock, PHIL upon this House, for all time.
RIVERS, he has played a major role in PHILBIN has contributed mightily to the PHIL PHILBIN has the deepest under
assuring this country's military pre- legislative solution of all the national standing and commitment of any man I
paredness. And, equally significantly, he crises that have occurred over the past have ever known that, as the Bible in-
has always sought a fair and evenhanded quarter of of a century. Throughout this dicates, peace among nations, within
balance between the demands of the period, he has enjoyed the confidence communities and in our hearts will never
military and those of its critics. I will and esteem of every American President, be attained until the great majority of
risk sounding a little corny by calling many heads of other governments us evidence "good will" toward our
PHIL a patriot, for that is precisely what throughout the world, and of all the friends, our neighbors, and our fellow
he is-in the very best sense of the term. speakers and leaders in the U.S. Congress. human beings everywhere. Personal good
He has quietly and earnestly worked for Through his achievements, he has left will is the true richness of his own life
his country over the past 30 years. an indelible mark of effective participa- and with it he has enriched the life of
PHIL'S service to his constituents in tion upon the most progressive pages of everyone privileged to know him.
Massachusetts' Third Congressional Dis- modern American legislative history. As In this coming Congress all of us will
trict-the men and women who elected an outstanding legislator, he has earned sorely miss our beloved friend and col-
him to 14 successive terms in the Con- the respect and admiration of every league, PHIL PHILBIN, and I hope he will
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CONGRESSIONAL RECORD - HOUSE December 21, 1970
see fit to frequently visit with us over the
next 2 years.
From the bottom of our hearts, mean-
while PAIL, we all join in wishing you
continued good health and good fortune
for many, many more years of success
in your private endeavors and in the
continuing service of your fellow man
that I know you will never abandon.
GENERAL LEAVZ 10 EXIkNO
Mr. ARENDS. Mr. Speaker. I ask
unanimous consent that all Members
may have 5 legislative days to extend
their remarks with referene to our col-
league, the gentleman from Massachu-
setts (Mr. PHXLBTN).
The SPEAKER. Without objection, It
is so ordered.
There was no objection.
Mr. PHILBIN. Mr. Speaker, I would
like to thank those of my esteemed and
beloved colleagues, who have made such
touching and moving comments about
my humble service, and who have ex-
pressed such gracious ebservatirns con-
cerning the humble labors I have per-
formed during the time I have been hon-
ored to be a Member of this great House.
Mr. Speaker, there is really no way I
can adequately express my sincere and
deep gratitude to you and the Members
of the House, because regardless of po-
litical considerations, and regardless of
differences from time to time on legisla-
tive questions, all the Members on both
sides of the aisle are very dear to me, and
always will be very dear to me, because
of the invariable encouragement. assist-
ance, and the warm, inspiring friendship
they have always shown me, which has so
greatly lightened the burdens of my work
and official duties.
I am somewhat limited, my dear
friends, particularly at this time when
important legislation is pending in the
House, which is In my charge, in mo-
bilizing and conveying to you. my pro-
found feelings of appreciation and grati-
tude to all of you.
To our beloved, great Speaker, and to
all of you here in this historic body, I
want you all to know that I will always
gratefully remember the many kind-
nesses you have shown me during my
long service here with you.
And I shall always treasure, immeas-
urably, the kind words you have spoken
here today.
These tributes of esteem and affection
will remain with me as long as I live.
They are far more than I deserve, but I
want to express my deep gratitude to all
of you for your very generous, stimulat-
ing words, your warm affectionate
friendship, your loyalty and kindness to
me, and the lofty inspiration you have
always given me during my service In
this great body. You may be sure they
will always remain with me. and that my
heart, deeply-felt gratitude and best
wishes will always be with you. God love
you.
Mr. Speaker, I ask for a vote on the
bill.
[Mr. PHILBIN addressed the House.
His remarks will appear hereafter in the
Extensions of Remarks.],
The SPEAKER. The question is on the
motion of the gentleman from Massa-.
chusetts that the House suspend the
rules and pass the bill 5.4571.
The question was taken; and (two-
thirds having noted in favor thereof)
the rules were suspended and the bill was
passed.
A motion to reconsider was laid on the
table.
r:ENERAL LEAVE TO EXTEND
Mr. PHILBIN. Mr. -Speaker, I ask
unanimous consent that all Members
may have 5 days in which to revise and
extend their remarks on the bill just
passed.
The SPEAKER. Is there objection to
the request of the gentleman from Mass-
achusetts?
There was no objection.
FURTHER MESSAGE FROM THE
SENATE
A further message from the Senate, by
Mr. Arrington, one of its clerks, an-
nounced that the Senate had passed a
concurrent resolution of the following
title :
S. Con. Res. 87. Concurrent resolution pro-
viding for an adjournment of the two Houses
of C;ingress.
The message also announced that the
Senate agrees to the amendments of the
House to a bill of the Senate of the fol-
lowing title:
8. 4106. An act to amend the Public Health
Service Act In order to provide for the estab-
llstrment of a National Health Service Corps.
PROVIDING FOR CONSIDERATION
OF HOUSE JOINT RESOLUTION
1146. EXPANSION OF UNITED NA-
TIONS HEADQUARTERS IN THE
UNITED STATES
Mr. PEPPER. Mr. Speaker, by direc-
tion of the Committee on Rules, I call
up House Resolution 1308 and ask for
Its immediate consideration.
The Clerk read the resolution as fol-
lows :
H. Ras. 1308
Resolved, That upon the adoption of this
resolution It sha11 be In order to move that
the House resolve Itself Into the Committee
of the Whole House on the State of the Un-
lc,u for the consideration of the joint resolu-
tion (H.J. Res. 1148) authorizing a grant to
defray a portion of the cost of expanding
the United Nations headquarters in the
United States. After general debate. which
shall be confined to the joint resolution and
sha11 continue not to exceed one hour, to be
equ:sliy divided and controlled by the chair-
man and ranking minority member of the
Committee on Foreign Affairs, the joint reso-
lution shall be read for amendment under
the five-minute rule. At the conclusion of
the consideration of the joint resolution for
amendment, the Committee shall rise and
report the joint resolution to the House with
such amendments as may have been adopt-
Li. and the previous question shall be con-
s.dered as ordered on the joint resolution and
c?rnendmenta thereto to final passage with-
nit intervening motion except one motion
to recommit.
The SPEAKER. The gentleman from
Florida Is recognized for I hour.
Mr. PEPPER. Mr. Speaker, I yield 30
minutes to the gentleman from Califor-
nia (Mr. SMITH), pending which I yield
myself such time as I shall consume.
Mr. Speaker, House Resolution 1308
provides an open rue with 1 hour of
general debate for consideration of House
Joint Resolution 1146 to expand the
United Nations headquarters in the
United States.
The purpose of the joint resolution is
to authorize an appropriation of not to
exceed $20 million for a grant to the
United Nations to defray a portion of
the cost of the expansion and improve-
ment of its headquarters in the city of
New York.
The present headquarters for the U.N.
was completed 20 years ago during which
time the membership has increased from
59 to 126 member states and the number
of secretariat employees in New York has
increased from 2,900 to approximately
4.000.
in 1968, the Secretary General was
authorized to prepare detailed plans and
sl ecifications for a major expansion of
th i headquarters, taking into consider-
ation anticipated needs for the next 20
years.
Proposals-at an estimated cost of $80
million-were submitted and approved
by the General Assembly last year, sub-
ject to two conditions: First, that pay-
ments for the construction from the
regular U.N. budget should not exceed
$23 million; and, second, that satisfac-
tory assurances be received that the
balance of the funds would be avail-
able before construction contracts are
awarded. In accord with arrangements
worked out by the Secretary General, the
$5 million balance would come from three
sources: a $20 million grant from the
U.S. Government, a $20 million contri-
bution from the city of New York, $15
million from the U.N. development pro-
gram and U.N. Children's Fund, which
would move from rented space to the
new U.N. office building.
Mr. Speaker, I urge the adoption of
House Resolution 1308 in order that
House Joint Resolution 1146 may be
considered.
(Mr. PEPPER asked and was given
permission to revise and extend his re-
marks.)
Mr. PEPPER. Mr. Speaker, I yield 5
minutes to the able gentleman from Mas-
sachusetts (Mr. O'NCrLL).
(Mr. O'NEILL of Massachusetts asked
and was given permission to revise and
extend his remarks.)
Mr. O'NEILL of Massachusetts. Mr.
Speaker, I rise on the rule even though
I am not carrying it for the committee
because of the fact that I have been an
avid supporter of the United Nations
through the years.
We have before us a joint resolution,
No. 1146. which would authorize up to
$20 million to defray a portion of the
cost of expanding the United Nations
Headquarters in the United States. The
Senate has already passed Identical leg-
islation.
Just what Is the context of this grant
of $20 million and what are the other
elements of financing this new Secre-
tariat office building? The United Na-
tions has been bursting at the seams for
several years, Mr. Speaker. As early as
1964, the Secretary General reported
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