S3220 USE OF OFFICIAL MAIL IN THE LOCATION AND RECOVERY OF MISSING CHILDREN
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TNV II v
S.1195
Ell
31inetg-ninth Congress of the United ~*tates of 51merica
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday, the third day of January,
one thousand nine hundred and eighty-five
n'act
To amend title 3, United States Code, to authorize the use of penalty and franked
mail in efforts relating to the location and recovery of missing children.
Be it enacted by the Senate and House of Representatives of the
United States ofAmerica in Congress assembled,
SECTION 1. AUTHORITY TO USE PENALTY AND FRANKED MAIL.
(a) AUTHORITY.-(1) Chapter 32 of title 39, United States Code, is
amended by adding at the end thereof the following:
"? 3220. Use of official mail in the location and recovery of missing
children
"(a)(1) The Office of Juvenile Justice and Delinquency Prevention,
after consultation with appropriate public and private agencies,
shall prescribe general guidelines under which penalty mail may be
used to assist in the location and recovery of missing children. The
guidelines shall provide information relating to-
"(A) the form and manner in which materials and informa-
tion relating to missing children (such as biographical data and
pictures, sketches, or other likenesses) may be included in
penalty mail;
"(B) appropriate sources from which such materials and
information may be obtained;
"(C) the procedures by which such materials and information
may be obtained; and
"(D) any other matter which the Office considers appropriate.
"(2) Each executive department and independent establishment of
the Government of the United States shall prescribe regulations
under which penalty mail sent by such department or establishment
may be used in conformance with the guidelines prescribed under
paragraph (1).
"(b) The Senate Committee on Rules and Administration and the
House Commission on Congressional Mailing Standards shall pre-
scribe for their respective Houses rules and regulations, and shall
take such other action as the Committee or Commission considers
necessary and proper, in order that purposes similar to those of
subsection (a) may, in the discretion of the congressional official or
office concerned, be carried out by the use of franked mail sent by
such official or office.
"(c) As used in this section, `Office of Juvenile Justice and Delin-
quency Prevention' and `Office' each means the Office of Juvenile
Justice and Delinquency Prevention within the Department of Jus-
tice, as established by section 201 of the Juvenile Justice and
Delinquency Prevention Act of 1974.".
(2) The analysis for chapter 32 of title 39, United States Code, is
amended by adding at the end thereof the following:
"3220. Use of official mail in the location and recovery of missing children.".
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(b) DEFINITION.-Section 3201 of title 39, United States Code, is
amended-
(1) in paragraph (4), by striking out "and";
(2) in paragraph (5), by striking out the period and inserting
in lieu thereof "; and"; and
(3) by adding at the end thereof the following:
"(6) `missing child' has the meaning provided by section 403(1)
of the Juvenile Justice and Delinquency Prevention Act of
1974.".
(C) CONFORMING AMENDMENT.-(1) Section 3204(a) of title 39,
United States Code, is amended by striking out "section," and
inserting in lieu thereof "section or section 3220(a) of this title,".
(2) Section 733 of title 44, United States Code, is amended by
inserting after the second sentence of the second undesignated
paragraph the following: "Franks may also contain information
relating to missing children as provided in section 3220 of title 39.".
SEC. 2. ISSUANCE OF GUIDELINES, RULES, AND REGULATIONS.
(a) GUIDELINES.-The guidelines described in section 3220(a)(1) of
title 39, United States Code, as added by this Act, shall be prescribed
not later than ninety days after the date of the enactment of this
Act.
(b) RULES AND REGULATIONS.-The regulations described in subsec-
tion (a)(2) of section 3220 of title 39, United States Code, as added by
this Act, and the rules and regulations described in subsection (b) of
such section, as so added, shall be prescribed not later than one
hundred and eighty days after the date of the enactment of this Act.
SEC. 3. REPORTS.
(a) GENERAL REQUIREMENTS.-Not later than two years after the
date of the enactment of this Act, a written report containing the
matter described in subsection (b) shall be prepared by-
(1) the Office of Juvenile Justice and Delinquency Prevention
and submitted to the President, the President pro tempore of
the Senate, and the Speaker of the House of Representatives;
(2) the Senate Committee on Rules and Administration and
submitted to the President pro tempore of the Senate; and
(3) the House Commission on Congressional Mailing
Standards and submitted to the Speaker of the House of
Representatives.
(b) CONTENT OF REPORTS.-Each report under this section shall
include-
(1) an assessment of the effectiveness with which any author-
ity provided by section 3220 of title 39, United States Code, as
added by this Act, has (during the period covered by the report)
been used, insofar as such authority was subject to guidelines or
rules and regulations prescribed by the reporting entity;
(2) recommendations as to whether the authority under such
section should, insofar as such authority was subject to such
guidelines or rules and regulations, be extended beyond the
termination date otherwise applicable under section 5; and
(3) any other information which the reporting entity considers
appropriate.
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SEC. 4. CLARIFICATION RELATING TO COORDINATION OF GOVERNMENT
PROGRAMS.
Notwithstanding any other provision of law, the authority pro-
vided by section 3220(b) of title 39, United States Code, as added by
this Act, shall not be considered to be subject to the authority of any
agency within the executive branch of the Government of the
United States to coordinate programs relating to missing children.
SEC. 5. TERMINATION DATE.
The amendments made by section 1 and any guidelines, rules, or
regulations prescribed to carry out such amendments shall cease to
be effective two and one-half years after the date of the enactment
of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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July 29, 1985 CONGRESSIONAL RECORD - HOUSE H 6457
AUTHORIZING THE USE OF OF- tice and Delinquency Prevention Act of and the gentleman from Alaska [Mr.
FICIAL MAIL TO AID IN THE 1974.". YOUNG] will be recognized for 20 min-
LOCATION AND RECOVERY OF (C) CONFORMING AMENDMENT.-SeCtiOn utes.
MISSING CHILDREN 3204(a) of title 39, United States Code, is
amended by striking out "section," and in- The Chair recognizes the gentleman
Mr. McCLOSKEY. Mr. Speaker, I serting in lieu thereof "section or section from Indiana [Mr. MCCLOSKEY].
move to suspend the rules and pass 3220(a) of this title,". Mr. McCLOSKEY. Mr. Speaker, I
the Senate bill (S. 1195) to require SEC. 2. ISSUANCE OF GUIDELINES, RULES, AND yield myself such time as I may con-
that a portion of the mail of Congress REGULATIONS. sume.
and the executive branch include a (a) GUIDELINES.-The guidelines described Mr. Speaker, for several years now it
photograph and biography of a miss- in section 3220(a)(1) of title 39, United has been apparent that this country is
ing child, as aStates Code, as added by this Act, shall be
The Clerk read amended.
follows: prescribed not later than ninety days after faced with a growing and frightening
the date of the enactment of this Act. problem: an increasing incidence of
S. 1195 (b) RULES AND REGULATIONS.-The regula- missing children. Almost every day we
Be it enacted by the Senate and House of dons described in subsection (a)(2) of sec- hear a new story of heartbreak, where
Representatives of the United States of tion 3220 of title 39, United States Code, as a child is abruptly taken from a loving
America in Congress assembled, added by this Act, and the rules and regula- family and never heard from again.
SECTION 1. AUTHORITY TO 17SE PENALTY AND tions described in subsection (b) of such sec- The fear, pain, and guilt of parents
FRANKED MAIL, tion, as so added, shall be prescribed not who suddenly lose a child in this wa
(a) AUTHORITY.-(1) Chapter 32 of title 39, later than one hundred and eighty days y
United States Code, is amended by adding after the date of the enactment of this Act. is very difficult to describe.
at the end thereof the following: SEC. 3. REPORTS. Often, these feeling are compounded
"ii 3220. Use of official mail in the location and (a) GENERAL REQUIREMENTS.-Not later by another; that of frustration at the
recovery of missing children than two years after the date of the enact- limited means available for tracking
"(a)(1) The Office of Juvenile Justice and ment of this Act, a written report contain- down a child who disappears. Forced
Delinquency Prevention, after cJusultatiod ing the matter described in subsection (b) to rely only on their own resources,
Delinquency Pre noon and private ages- shall be prepared by- families see hope slip away as time
with public
cies, shall prescribe general guidelines under (1) linquency Pre a of Juvenile Justice a to De- passes and no leads are found.
which penalty mail may be used to assist in President, and submitted o the
the location and recovery of missing chil- President, the President pro tempore of the Let me take a moment to list just
dr
en The guidelines shall ver of provide in forma- Senate, and the Speaker of the House of some of the dificulties faced by fami-
on , Theng to- Representatives; lies who fear their child has been
"(A) the form and manner In which mate- (2) the Senate Committee on Rules and taken by a stranger. First, local police
rials and information rm and manner relating to inmate- Administration and submitted to the Presi- authorities are often reluctant to list a
rhildran (such as biographical data and dent pro tempore of the Senate; and child as missing, and will do so only
child n (such or other biographical data may (3) the House Commission on Congres- after several days have passed. By this . sketches included in penalty mail; likenesses) y sional Mailing Standards and submitted to time, a kidnaper can gain the needed
"(B) appropriate sources from which such the Speaker of the House of Represents- clues leeway to tr
materials and information may be obtained; . arysp a child well
"ter the procedures by which such maters; (b) CONTENT or REPORTS.-Each report beyond the reach of f l local law enforce-
al" C) Informations by which such; sad under this section shall include- ment efforts. Also, there exists no and
obtai "(D) any other matter which the Office (1) an assessment of the effectiveness with mechanism for placing the vital details
considers appropriate. which any authority provided by section of a particular case in a nationwide
(2> Each executive department and inde- 3220 of title 39, United States Code, as computer bank. Such a national
pendent establishment of the Government added by this Act, has (during the period system would accomplish more in a
of the United States shall prescribe regula- such the report) been used, insofar os few minutes than families working on
tions under which penalty mail sent by such ru h authority was subject guidelines delines or
department or establishment may be used in rules and nd regulations prescribed by the re- Fina y, t ere ido in many months.
conformance with the guidelines prescribed porting entity; Finally, there is some reluctance on
under paragraph (1). (2) recommendations as to whether the the part of both the law enforcement
"(b) The Senate Committee on Rules and authority under such section should, insofar community and the general public to
Administration and the House Commission as such authority was subject to such guide- even acknowledge that the problem is
A nngration l Mailing House Coo soon lines or rules and regulations, be extended a significant one. on C prescribe for their respective Houses rules beyond the termination date otherwise ap- Children disappear from their
plicable
and regulations, and shall take such other under section 5; and (3) homes for a number of reasons. Man
action as the Committee or Commission any other information which the re- Y
considers necessary and proper, in order porting entity considers appropriate. do run away and return within a few
that purposes similar to those of subsection SEC. 4. CLARIFICATION RELATING TO COORDINA? days. Others are kidnapped by er-
(a) may, in the descretion of the congres- TION OF GOVERNMENT PROGRAMS, tranged spouses. And still others are
sional official or office concerned, be carried Notwithstanding any other provision of taken by strangers. In the last two sn-
out by the use of franked mail sent by such law, the authority provided by section stances, the chances of a child return-
official or office. 3220(b) of title 39, United States Code, as ing home unharmed are very slim. The
"(c) As used in this section, 'Office of Ju- added by this Act, shall not be considered to kidnaper, with both physical and psy-
venile Justice and Delinquency Prevention' be subject to the authority of any agency chological power over the child, Can
and 'Office' each means the Office of Juve- within the executive branch of the Govern-
nile Justice and Delinquency Prevention ment of the United States to coordinate pro- easily prevent him or her from getting
within the Department of Justice, as estab- grams relating to missing children. help. It is clearly up to us, the adults,
lished by section 201 of the Juvenile Justice SEC. 5. TERMINATION DATE. to devise a means of finding and aiding
and Delinquency Prevention Act of 1974.". The amendments made by section 1 and these helpless victims.
(2) The analysis for chapter 32 of title 39, any guidelines, rules, or regulations pre- Recently, initiatives have been taken
United States Code, is amended by adding scribed to carry out such amendments shall in the private sector to disseminate in-
at the end thereof the following: cease to be effective two and one-half years formation about missing children
"3220. Use of official mail in the location after the date of the enactment of this Act. through pictures on grocery bags, toll
and recovery of missing children.". The SPEAKER pro tempore. Is a booth tickets, and milk cartons, and
(b) DEFINITION.-Section 3201 of title 39, second demanded? these have been reportedly very suc-
United States Code, is amended- Mr. YOUNG of Alaska. Mr. Speaker, cessful. It is becoming clear that Con-
(1) in paragraph (4), by striking out I demand a second. gress has a role to play as well. The
and"; The SPEAKER pro tempore. With- passing of the Missing Children's As-
(2) in paragraph (5), by striking out the out objection, a second will be consid- sistance Act in the 98th Congress was
period and inserting in lieu thereof "; and";
and ered as ordered.
the first action taken by the National
(3) by adding at the end thereof the fol- There was no objection. Legislature to address this complicated
lowing: The SPEAKER pro tempore. The issue. Among other things, the act cre-
"(6) 'missing child' has the meaning pro- gentleman from Indiana [Mr. McCtos- ated the National Center for Missing
vided by section 403(1) of the Juvenile Jus- KEY] will be recognized for 20 minutes and Exploited Children. The center
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H 6458 CONGRESSIONAL RECORD - HOUSE July 29, 1,985
provides a clearinghouse for informa- Mr. YOUNG of Alaska. Mr. Speaker, dies in this country, that we have
ion about missing children. Each day, I yield myself such time as I may con- thousands of individuals who are so
the center fields calls from across the sume. concerned about their children and
country from people who might have (Mr. YOUNG of Alaska asked and have no possible ideas as to what hap-
information on a missing child. After was given permission to revise and pened to those children.
only 1 year of existence, the center extend his remarks.) One of the things we have discov-
has already aided in the location of Mr. YOUNG of Alaska. Mr. Speaker, ered by having the dairy industry and
over 800 missing children. I rise in strong support of S. 1195 and other industries put the pictures of
The legislation before us today, S. urge that my colleagues suspend the these children on their cartons, and so
1195, is a further step along the road rules and approve this important legis- forth, is that to some extent this helps
of congressional involvement. I believe lation. in finding these children. Now, here
the key aspect of the bill is the com- The tragedy of missing children is you have ironed out all the wrinkles
prehensive, broad distribution of infor- an important problem facing this relating to what happened on the
mation that will be obtained by plac- Nation. The National Center for Miss- Senate side with respect to providing
ing the pictures of missing children on ing and Exploited Children estimates Members the opportunity to give
Government mail. Everyone receives that as many as 1.5 million children access to making sure that the entire
mail, and Federal Government mail in disappear each year. That is more country knows that this is a national
particular. Exposure for particular than 500 each day. Clearly, steps have tragedy and that there are children
cases of missing children for the first to be taken to aid in the search for who can be identified possibly through
time will be nationwide, a feature that and safe return of our children. this means.
has been difficult to achieve in past Americans have banded together to I know these gentlemen had to deal
programs. A national effort is needed assist in these efforts. The National with very many kinds of nitty-gritty
to combine and distribute the various Center for Missing and Exploited Chil- targets and arguments in order to rec-
sources of information concerning dren provides a nationwide clearing- tify the problems of the legislation,
missing children. house for information on missing chil- and I think the patience they dis-
S. 1195 will allow executive branch dren. Broadcasters and private indus- played and their willingness to take up
agencies and Members of Congress to try have also joined in the search with the subject hastily shows the very,
participate in this national effort by public service announcements and very fine mutual cooperation that has
amending current law to permit discre- other educational programs. existed on that subcommittee. It is a
tionary use of penalty and franked Congress has played a role also, tribute to the leadership of the gentle-
mail for purposes of helping to locate through legislation such as the Miss- man from Indiana (Mr. McCI.OSKEY). I
missing children. I would stess that it ing Children Act and the Missing Chil- think the parents who have those chil-
is discretionary, voluntary, and not dren's Assistance Act. Passage of S. dren who are missing will be forever
mandatory. From testimony received 1195 will further expand Federal as- grateful to him if, as my colleague, the
at hearings held by the Subcommittee sistance in the search for missing chil- gentleman from Alaska, said, one child
on Postal Personnel and Moderniza- dren. is found as a result of our providing
tion. consultation with persons deeply The Subcommittee on Postal Per- this access.
involved in the effort to locate missing sonnel and Modernization has held ex- So, Mr. Speaker, I want to commend
children, comments from affected ex- tensive hearings on the bill. Problems both these gentlemen. I think this is
ecutive branch agencies, and dialog with legislation, as identified by our very. very special legislation, and I
with my colleagues on both sides of witnesses, have been addressed. I want extend my congratulations to them
the aisle, an effective piece of legisla- to compliment Chairman McCsOSKEY, Mr. McCLOSKEY. Mr. Speaker. I
tion has been formulated. and Mr. BURTON of Indiana, a member yield such time as she may consume to
Guidelines for implementation of of the subcommittee, for their efforts the distinguished gentlewoman from
the requirements of the bill would be to achieve a workable piece of legisla- Louisiana [Mrs. BOGGSI.
formulated by the Office of Juvenile tion. Mrs. BOGGS. Mr. Speaker, I thank
Justice and Delinquency Prevention This bill will encourage Members of the gentleman for yielding time to me.
within 90 days after enactment. Spe- Congress and executive agencies to in- Mr. Speaker, as the chairman of the
cific rules and regulations for each clude photos and biographies of miss- Crisis Intervention Task Force of the
agency would be developed after 180 ing children in their mailings. If it Select Committee on Children, Youth
days. Within Congress, the program allows for the return of only one child, and Families, I rise to commend this
would be administered by the Senate S. 1195 will be well worth the effort. subcommittee for bringing forth this
Committee on Rules and Administra- Mr. Speaker, I reserve the balance of very, very important piece of legisla.
tion and the House Commission on my time. tion. I commend the Chair and the
Congressional Mailing Standards. ^ 1240 ranking member and all the members
Guidelines for the congressional pro of the subcommittee.
from Speaker,
gram would also be developed within thanMr. k McCLOSKEY. Ben Mr.
Alaska I can think of nothing that is more
i days after enactment. important to the encouragement of all
I would note , also, that there is a [Mr. YoUNC]. Indeed we can never ex-
, l the persons involved in tryinng to find
sunset provision. We would have a press enough appreciation for his the missing nvoly children in th country
report on the program's effectiveness work, his cooperation, and his leader-
and
before 2 years is up, and indeed, for it ship in this matter. than than ththis all piece of subco legislation, mmittee and I
to go on after that there would have Mr. Speaker. I yield such time as she com bringing is bcoh an d bringing
g.to be another positive vote by the Con- may consume to the gentlewoman bers for our bringing I fo th d manner,
gress. from Ohio [Ms. OAxAR]. it to I would also like to commend the mi- Ms. OAKAR. Mr. Speaker, I thank as was done, with such swiftness and
nority members of the Postal Subcom- the subcommittee chairman for yield- with such intelligence and with such
mittee and the full committee for ing this time to me. patience.
their particular support, particularly I simply rise to commend the chair- Mr. Speaker. I do indeed urge the
the gentleman from Alaska (Mr. man of the subcommittee, the gentle- passage of this legislation.
YOUNG]. man from Indiana [Mr. McCLOSxEY], Mr. McCLOSKEY. Mr. Speaker, I
I urge my colleagues to join in the and the ranking minority member, the have no further requests for time.
effort to locate this Nation's missing gentleman from Alaska [Mr. YOUNG], Mr. YOUNG of Alaska. Mr. Chair-
children and return them to their for their fine work on this legislation. man, I yield 11 minutes to the gentle-
homes and families by supporting this What they have done is provide an. man from Indiana [Mr. COATS].
worthwhile piece of legislation today. other access for people to be aware of (Mr. COATS asked and was given
Mr. Speaker, I reserve the balance of who the missing children in this coun- permission to revise and extend his re-
my time. try are. That is one of the great trage- marks.)
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Jutv 29, 1985 CONGRESSIONAL RECORD - HOUSE H 6459
Mr. COATS. Mr. Speaker, I rise not more. We should do more, and we are cult, for example, to pass in this
to oppose S. 1195 because it certainly unquestionably concerned about it. House.
is indeed one of many efforts that But, Mr. Speaker, I wanted to bring Also, the bill as passed in the other
have been under way across the coun- these facts out to those listening today body contained no administrative de-
try to deal with an important issue, and those involved with-the legislation tails. For example, the Franking Com-
one that grips the hearts of anyone so that we will not do what is so often mittee is handling the question of reg-
with children at home, and that is done as legislative remedies, that is, ulations in the House. The a -
missing children. simply come up with one solution to ate Ps it in
Some of the Members may have take care of it, body the Senate handles it in
heard my 1-minute speech on the pass it here in the the Senate.
House floor last week s which I tried House of Representatives by unani- Also, the regulations would be drawn
House the r last in somewhat in moss vote or voice vote, and say, up and proposed generally for the
to put th issue, however, ve that we are "There, we have handled our respon- Federal agencies and not the congres-
s e It appears that to missing children. Look how sional agencies by the Office of Juve-
dealing it with is some e erroneous i erms- wonderful we are. We have done the nile Justice and Juvenile Deliquency.
tion, and out the country it s wid that t quoted through-
are 1.o gh- Job. Now let us go on to something As I noted in my opening statement,
oun missing children. ape that there else." it has a sunset
are 50,000 children each and that there This is a far more complex problem expire within about 2 ion. It would
yams without
by st
abducted , also than one that is involved by simply subsequent
rangers. Of course, these kinds of printing for the Office o Office of J f and uvenile Ju a Ju pro-
figures and the attendant publicity to a biography and a picture on vices for tstice
these figures and the attendant
has given rise to a piece of franked mail. We are going and Juvenile Deliquency Prevention to
considerable kinds
and eear ado to have to deal with the problem of provide a working report before that
concern among anoints and ar a d- runaway children, children who of amount of time for the Congress to
uals throughout the country, their own volition are leaving the judge how it would operate. Within
To try to put that somewhat in per- house and not coming back or leaving about 180 days after passage, regula-
spective, I indicated that according to the house for short periods of time. tions would be available; but I guess
the latest FBI estimates, the figure is We need to deal with the causes of one of the main points I was making is
not 1.5 million missing children but, those problems and with the problems that it would be voluntary and not dis-
rather, closer to some 30,000 missing that are within the family that is caus- cretionary.
children. The figure is not 50,000 chil- ing that to happen. Mr. COATS. That raises a question
dren abducted by strangers each year We need to deal with the problem of in my mind, and I appreciate the gen-
but, rather, 67. I know those figures throwaway children, those children tleman clarifying that issue. It raises
are in conflict with the figures given who are being kicked out of the house the question with three or four differ-
by the Center for Missing Children, for one reason or another and told by ent agencies prescribing regulations, is
but our minority staff on the Select their parents, "I don't want to see you there a provision in the bill which
Committee on Children, Youth, and anymore. Don't walk back in this would allow for coordination, so that
Families has visited the Missing Chil- house." one agency is not defining a missing
dren's Center, and I have talked to a I suggest that the solution to those child and the rules and regulations by
number of people that have been in. problems-and that accounts for as which we publicize this differ from an-
volved in this area, and at the very much as 98 percent of the missing other agency?
least there is considerable dispute children numbers the solution is It seems to me that could lead to
about the numbers, going to be considerably different some confusion if the executive
That does not in any way diminish than putting their pictures on a milk branch was using a different set of
the importance of one abducted child; carton, a move which I heartily en- guidelines than the legislative branch.
that does not in any way diminish the dorse and support, or printing their Mr. McCiOSKEY. Our report sug-
importance of one missing child
It pictures or biographies
--
f
.
on
ranked
simply gives us information by which penalty mail.
perhaps we can better fashion legisla-
tion to deal with the problem.
Helen Goodman in her article that
was printed in the Washington Post,
entitled "Missing Children, Facts and
Fears," not too long ago indicated
these numbers and also indicated that
it is important that we understand not
only the correct numbers but the
causes for these missing children. It is
estimated by a number of authori-
ties-and Ms. Goodman indicated this
is her article-that of the 30 some
thousand missing children, fully 90
percent and perhaps 98 percent are
children who are missing of their own
volition. They are runaway children or
they are throwaway children. They
are children that have been kicked out
of the house. Now, that is a tragedy
and that is a problem in both respects,
but I suggest the solution to that
problem
fo the problem of missing children. As
we look at this problem, we need to
come up with varying solutions for
these varied problems.
Our committee, as the gentlewoman
from Louisiana [Mrs. Boaosl has said,
has studied this problem and looked
into it, and I anticipate we will do
^ 1250
I wonder if I could take this oppor-
tunity to ask the sponsor of this legis-
lation some questions concerning this
legislation that is before us. I am
unsure or unclear as to the exact
nature of how this is going to be ac-
complished. i noted that the Senate
mandated a certain percentage of
franked and penalty mail carried biog-
raphies and pictures, but apparently
the gentleman has changed that legis-
lation. Could the gentleman describe
to me why it was changed and what
the change is?
Mr. MCCLOSKEY. I would say to
the gentleman from Indiana [Mr.
COATS] that we had more than one full
day of testimony, both technically and
on the substance of these issues, as
the gentleman has so eloquently
talked about. As we got the measure
from the other body, as well-inten-
tioned and. committed to helping on
the overall problem as it was, we
thought that the real problem was
that it made it mandatory on 75 per-
cent of all congressional mailings and
50 percent of all Federal mailings. I
think that would be very, very diffi-
and the congressional parties involved
coordinate with the National Center
for Missing and Exploited Children,
which has a very definite interest and
a substantial amount of expertise in
these matters.
Mr. COATS. As I understand it, the
Office of Juvenile Justice and Delin-
quency Prevention was given an ap-
propriation of about $4 million and
part of this was earmarked for a na-
tional incident study of Just what the
situation is. To my knowledge, that
has not been completed.
I guess I would Just like to ask the
gentleman if he is aware of this and if
there is something we can do to get
them off the dime and get them study-
ing this question so that we can get
the proper information before us so
that we do not have to dispute these
numbers.
Is the gentleman aware of that and
is there any progress on this that he
can report?
Mr. McCLOSKEY. Actually, we are
in very good shape as to the gentle-
man's concerns. J. Howell testified for
about 30 minutes before our commit-
tee. He is the Executive Director of
the National Center, He gave us very
positive ideas, rounding out a full day
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H 6460 CONGRESSIONAL RECORD - HOUSE July 29, 7985
of testimony, as to ways we could im- tistics and the problems we have in de- mentary activity to the private sector
prove on the legislation and pledged termining the extent of the missing by allowing additional publications of
his utmost cooperation. He was quite children problem. While the gentle- faces and names. That, I think, will
enthusiastic about it. man is concerned about misleading alert the public to these children and
As to another concern, I am glad the statistics being offered by the National their plight, and that alert to the
gentleman brought it up. In no way Center for Missing Children, I am con- public will certainly result in more in-
does this bill ever purport to be the cerned that the statistics which the formation being made available to
final solution as to how to help in this gentleman offers are substantially local law result in h r enforcement ofofficialsmore chid
terrible problem of missing children. misleading. will It is just one significant effort. I would Let me attempt to say a few words dren.
hope this would highlight the con- about the extent of the problem. We have a lot of work to do in Con-
cerns and the needs and not pretend When the National Center for Missing gress in determining the extent of the
to be the last congressional word on it. Children talks about 1.5 million chil- problem and additional ways to deal
Another thing I might note is that dren missing in the course in a year, of with it, but this legislation is a step in
the national estimates are 50,000 to course, that seems like an astonishing the right direction, and I commend my
67,000 stranger abducted children figure. One has to realize that the fig- colleague for bringing it to the floor of ption yearly. Of course, mailings such as ures one uses are based in large part the House, as and I urge amended its adohe commit
this can also help on problems as to on the length of time being discussed.
runaways and other children. Are we talking about a child being tee, is a constructive step toward di-
The committee deliberately decided missing for a couple hours or a couple rectly involving Federal agencies and
not to make a definitive finding as to days? Obviously, that makes a great Congress in the location and recovery
the numbers involved, because there deal of difference. of missing children. When implement-
are different estimates and they can Also, as the gentleman from Indiana ed, this Government involvement will
get to be controversial, but I think it is indicated, there are many different complement actions already being
widely recognized as a very major na- kinds of missing children, children ab- taken by hundreds of businesses and
tional problem. ducted by strangers, children abducted individuals in the private sector to dis-
Mr. COATS. I thank the gentleman by parents in a custody dispute, chil- seminate pictures and information
for his response. dren who are runaways from home, about missing children.
I guess the only point I want to children who are throw-aways. The bill instructs the Office of Juve-
make is that there is considerable dis- I am not certain that I can stand nile Justice and Delinquency Preven-
crepancy here between the FBI and here and vouch for the figures from tion to consult with public and private
other estimates as to stranger abduct- the National Center for Missing Chil- agencies and issue guidelines under
ed children in the number of missing dren. There certainly is substantial which penalty mail may be used in
children. The FBI says 67.000 and the question about those figures, but I this effort. I encourage the Office to
Center says 50,000. That is a pretty big know that I can say that the FBI's sta- utilize the expertise and resources of
gap. We need to find out just what the tistics are totally inadequate and inac- the National Center for Missing and
situation is. curate and should not be relied upon. Exploited Children and other organi-
Second, inasmuch as we do know The FBI statistics are garnered from zations in developing practical and ef-
that a considerable number of these local police forces who have no uni- fective guidelines on how official mail
children are away from home for rea- form method for collecting these sta- may best be used to locate and recover
sons other than being abducted by tistics. Many local police forces never missing children.
strangers, we need to be sensitive to report missing children at all to the Consideration should be given to the
that and try to do all we can to vary FBI or any national organization. use of inserts in official mail, as well
our legislative responses in that Moreover, many police forces have as the printing of pictures of and in-
regard. as a matter of policy an operation formation about missing children on
I do thank the gentleman for his which permits them to classify any penalty and franked envelopes. It is
effort and work in this area. It is an child over a certain age who is missing crucial to the efficient and effective
important area, one that we should as a runaway child. use of the huge volume of congression-
focus on. We should make every possi- We have had testimony within our al and agency mail that the informa-
ble attempt not only to locate these subcommittee of many tragic circum- tion used in this effort be current and
children, but to raise this issue to a stances where law enforcement offi- accurate.
level of public consciousness so that cials, while well intentioned, have It has been documented that the
we can mobilize this country against simply misclassified individuals as run- controlled dissemination of pictures
this tragedy that is existing. aways, when in fact they have been and iabout missing chil-
My final point, just to repeat, it is a abducted; so I do not think my col- dren is information r effective means of locating
multidimensional tragedy, one that we leagues in the Congress should be recovering those children. I cat locating
want to be fully aware of all the facts lulled in any way by the statistics that and ucov the tthose esudren of here-
and figures so that we can fashion the have een thse statistics, MrtSpea kr, are lations as prescribed by this bill and
right responses. cause encourage all of my colleagues to par -
I thank the gentleman from Alaska absolutely wrong. ticipate in the meaningful and impor-
for yielding. This legislation, obviously, is not taut program, which will give further
Mr. YOUNG of Alaska. Mr. Speaker, going to solve all the problems of miss- t attopal program, which this serious further
prob-
I yield 4 minutes to the gentleman ing children, but this legislation does len attention to m.
from Iowa (Mr. TAUUKFl. complement very well activities al- It is estimated that 1.5 million chil-
the TAUKE. Mr. Speaker, I thank ready undertaken in the private dren are missing for short periods of
the gentleman for yielding the time. sector. There is ample evidence that ime each missing This short eri r of
Mr. Speaker, as ranking Republican publicizing the faces and information time throwaways year. This includes abduc-
on the Human Resources missing Subcommit- about missing children helps rescue tions, and stranger abductions. Re-
tee which deals with the missing chil- those children. Many people in the gardless of the cause of the disappear-
on dren the issue, Post I Office commend and my Civil colleagues private sector have already been in- ante, the tof a missing child is
Service volved in the publication of the images unparalled. tragedy
I am pleased to support
Committee for bringing forward this and information about missing chil- this measure as another step toward
piece of legislation and, frankly, im- dren. This legislation allows govern- lsing the national problem of ms
proving it substantially from the ver- ment to get into the same business. sag children.
sion that came out of the Senate. ^ 1300 g children. Mr. Speaker, I
I have listened with interest to my Mr.
to engage allows in the
a comple- his eloquent state mentf, which I think
colleague. the gentleman from Indi- This na, who has just talked about the sta- Government legislation
a
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July 29, 1985 CONGRESSIONAL RECORD - HOUSE
is most in keeping with the substance
and spirit of this bill.
? Mr. FORD of Michigan. Mr. Speak-
er, I rise in strong support of S. 1195.
as amended.
I wish to commend the gentleman
from Indiana [Mr. MCCLOSKEY], for
his outstanding leadership. The skill
which he brought to this important
and complex task was the key to the
achievement of the outstanding piece
of legislation we have before us today.
Enactment of S. 1195, as amended by
the Committee on Post Office and
Civil Service, undoubtedly will be of
immense assistance in finding missing
children. It also solves or avoids the
many administrative problems which
would have been created by enactment
of the original bill as referred to the
committee. The final product is repre-
sentative of the legislative process at
its best.
I also wish to thank Chairman
FRANK AxxulrzIo of the Committee of
House Administration and Chairman
Gus HAWKINS of the Committee on
Education and Labor for their coop-
eration and assistance in allowing us
to bring this vitally important meas-
ure to the floor today.
I urge passage of S. 1195, as amend-
ed..
? Mr. BIAGGI. Mr. Speaker, I urge
my colleagues to support S. 1195, as
amended. a bill which will allow offi-
cial Government mail to be used in ef-
forts to locate missing children.
Children disappear for a number of
reasons. They leave home voluntarily,
they may be victims of noncustodial
parental kidnapping, or they may be
abducted by total strangers. Of par-
ticular concern is the abduction or
false imprisonment of children by non-
family members. While there are sta-
tistics which purport to show the mag-
nitude of this problem, I maintain
that the data are an inadequate indi-
cation of its scope. On June 4, 1985, in
a major statement on missing chil-
dren, I pointed out that ultimately we
will learn that this tragedy affects
many thousands in this country each
year. For this reason, I think it is im-
perative that we expand Government
efforts to assist State, local and pri-
vate organizations in dealing with this
critical problem. S. 1195, as amended,
is an important step in the right direc-
tion.
I will support this bill as I have sup-
ported all legislation directed at the
problem of missing children. It will
give Federal agencies and congression-
al offices discretion in determining
how the mail they send out may be
used to help locate missing children. I
appeal to my colleagues to join me in
support of this bill. The thousands of
families that have been visited by this
tragedy deserve no less..
Mr. McCLOSKEY. Mr. Speaker, I
yield back the balance of my time and
I urge passage of S. 1195.
Mr. YOUNG of Alaska. Mr. Speaker,
I have no further request for time, and
I yield back the balance of my time.
The SPEAKER pro tempore. The
question is-on the motion offered by
the gentleman from Indiana [Mr.
MCCLOSKEY] that the House suspend
the rules and pass the Senate bill, S.
1195, as amended.
The question was taken; and (two-
thirds having voted in favor thereof)
the rules were suspended and the
Senate bill, as amended, was passed.
The title of the Senate bill was
amended so as to read: "An act to
amend title 3, United States Code, to
authorize the use of penalty and
franked mail in efforts relating to the
location and recovery of missing chil-
dren."
A motion to reconsider was laid on
the table.
GENERAL LEAVE
Mr. McCLOSKEY. Mr. Speaker, I
ask unanimous consent that all Mem-
bers may have 5 legislative days in
which to revise and extend their re-
marks, and to include extraneous
matter, on the Senate bill, S. 1195.
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from Indiana?
There was no objection.
MAKING MISCELLANEOUS
CHANGES IN LAWS AFFECTING
THE COAST GUARD
Mr. STUDDS. Mr. Speaker, I move
to suspend the rules and pass the bill
(H.R. 2466) to make miscellaneous
changes in laws affecting the U.S.
Coast Guard, and for other purposes,
as amended.
The Clerk read as follows:
H.R.2466
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That sub-
title II of title 46, United States Code, is
amended as follows:
(1) In section 2101(14)(C), strike "Materi-
al" and substitute "Materials".
(2) Section 2101(21) is amended as follows:
(A) In subclause (A)(ii), strike "crewmem-
ber." and substitute "crewmember or other
individual engaged in the business of the
vessel who has not contributed consider-
ation for carriage on board the vessel.".
(B) Strike subelause (B)(v)-(vii) and sub-
stitute the following:
"(v) a guest on board a vessel being oper-
ated only for pleasure who has not contrib-
uted consideration for carriage on board; or
"(vi) an individual on board a towing
vessel of at least 50 gross tons who has not
contributed consideration for carriage on
board.".
(C) At the end, add the following new sub-
clause:
"(F) on a sailing school vessel, means an
individual carried on the vessel except-
"M the owner or representatives of the
owner;
"(ii) the master or a crewmember engaged
in the business of the vessel who has not
contributed consideration for carriage and
who is paid for services;
"(iii) an employee of the owner of the
vessel engaged in the business of the owner.
except when the vessel is operating under a
demise charter,
H 6461
"(iv) an employee of the demise charterer
of the vessel engaged in the business of the
demise charterer,
"(v) a guest on board the vessel who has
not contributed consideration for carriage
on board: or
"(vi) a sailing school instructor or sailing
school student.".
(D) Strike "or a sailing school vessel," in
clause (B).
(3) In section 3302(iX5). strike "charter"
and substitute charterer".
(4) At the end of section 3302. add the fol-
lowing new subsection:
"(k) Only the boiler, engine, and other op-
erating machinery of a steam vessel that is
a recreational vessel of not more than 65
feet overall in length are subject to inspec-
tion under section 3301(a) of this title.".
(5)(A) Section 3304 is amended as follows:
(i) In the section catchline, strike "Carry-
ing" and substitute "Transporting".
(ii) In subsection (a), strike "carrying
cargo that carries" and "vessel." and substi-
tute "transporting cargo that transports"
and "vessel if the vessel is otherwise subject
to inspection under this chapter.", respec-
tively.
(iii) In subsection (b), strike "Before an in-
dividual in addition to the crew is carried"
and substitute "Except when subsection (e)
of this section applies, before an individual
in addition to the crew is transported".
(iv) In subsection (c), strike "The privi-
lege" and substitute "A privilege".
(v) Add at the end the following new sub-
section:
"(e) The Secretary may by regulation
allow individuals in addition to the crew to
be transported in an emergency, or under
section 2304 of this title.".
(B) In item 3304 in the analysis of chapter
33, strike "Carrying" and substitute "Trans-
porting".
(6) In section 3318(f), before clause (1),
strike "then" wherever it appears and sub-
stitute "than".
(7)(A) Section 3503 is amended as follows:
(i) Insert Na)" at the beginning of the sec-
tion;
(ii) strike the last sentence and substitute
"Before November 1, 1993, this section does
not apply to a vessel in operation before
January 1, 1968, and operating only on the
inland waters.".
(iii) add at the end the following:
"(b)(1) When a vessel is exempted from
the five-retardant standards of this sec-
tion-
"(A) the owner, charterer, managing oper-
ator. or agent of the vessel shall notify pro-
spective passengers that the vessel does not
comply with applicable fire safety standards
due primarily to the wooden construction of
passenger berthing areas; and
"(B) the owner or managing operator of
the vessel may not disclaim liability to a
passenger for death, injury, or any other
loss caused by fire due to the negligence of
the owner or managing operator; and
"(C) the penalties provided in section
3504(c) of this title apply to a violation of
this subsection.
"(2) The Secretary shall prescribe regula-
tions under this subsection on the manner
in which prospective passengers are to be
notified.".
(B)? Until the regulations required by
clause (7) of this section become effective,
the owner, charterer, managing operator. or
agent shall notify prospective passengers in
all promotional literature and on each
ticket that the vessel does not comply with
those standards due primarily to the
wooden construction of passengers berthing
arras.
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H 6462 CONGRESSIONAL RECORD - HOUSE
July 29, 1+985
(8) In section 3714(a)(4), strike "charter" Code, the Coast Guard may not, except for The Vice Chairman shall act as Chairman
and substitute "charterer". the installation of fixed aids to navigation, in the absence or incapacity of, or in the
(9) Section 4308 is amended by striking carry out by contract the determination of event of a vacancy in, the Office of the
"operator" wherever it appears and substi- the location, or the placement, of aids to Chairman.
tuting "individual In charge". maritime navigation in the Intracoastal Wa- (4) Terms of members appointed to the
(10) In section 7111, strike "Part" and sub- terway in New Jersey. Committee shall be for three years, except
stitute "part". SEC. 6. The Coast Guard may enter into a that the terms of those members first ap-
(11) In section 7312(e) strike "able contract, agreement, or letter of intent with pointed under subsection (c)(1) (A), (B), and
seaman-limited" and substitute "able a municipal utility within the Seventeenth (C) shall be for two years. The Secretary
seamen-limited". Coast Guard District to provide electricity shall, not less often than once a year, pub-
(12) Section 8104(k) is amended by strik- to a Coast Guard facility without complying lish notice in the Federal Register for solici-
ing "watchers" and substituting "watches". with the provisions of section 14 of Public tation of nominations for membership on
(13) In section 8502(a)(4)(A), strike "Part" Law 98-557. the Committee.
and substitute "part". SEC. 7. (a) There is established a National (c)(1) Members of the Committee who are
(14) Chapter 89 is amended as follows: Offshore Vessel Operators Safety Advisory
(A) In Item 8903 in the chapter analysis, Committee (hereinafter in this section re- not officers or employees of the United
strike "Uninspected" and substitute "Self- ferred to as the "Committee"). The Com- States shall serve without pay and members
propelled, uninspected". mittee shall advise, consult with, and make of the Committee who are officers or em-
(B) In the catchline of section 8903, strike recommendations to the Secretary of the ployees of the United States shall receive no
"Uninspected" and substitute "Self-pro- department in which the Coast Guard is op- additional pay on account of their service on
pelled, uninspected". erating (hereinafter in this section referred the Committee. While away from their
(C) In the text of section 8903, strike "An" to as the "Secretary") on matters relating to homes or regular places of business, mem-
and substitute "A self-propelled,". the safety aspects of offshore oil, gas, and bers of the Committee may be allowed
(15) In section 10709(aHl), before clause other mineral operations subject to regula- travel expenses, including per diem in lieu
(A)- Secretary. The Secretary shall of subsistence, as authorized by section 5703
(A) strike "then $1,500 in value, and" and Lion consult by the the Committee before promulgating of title 5, United States Code. The Secretary
substitute "than $1,500 in value, the court,"; any general regulations or orders affecting shall furnish to the Committee an executive
and the safety of such offshore operations. Any secretary and such secretarial, clerical, and
(B) strike "wages, the court" and substi- advice or recommendation made by the other services as are considered necessary
Lute "wageso committee to the Secretary shall reflect the for the conduct of its business. There are
dding (16) at Sectio the n end n the e folilsowing amended sentence: by independent judgment of the Committee on authorized to be appropriated such sums as
a
Each day of a continuing violation is a sep- the matter concerned. The Committee is au- may be necessary to Implement the p rovi-
arate violation.". thorized to make available to Congress any sion of this section.
(17) In section 13102(a)(4), strike "coordi- information, advice, and recommendations (2) Unless extended by subsequent Act of
nate carrying the State" and substitute "co- which the Committee is authorized to give Congress, the Committee shall terminate
ordinate carrying out the State". to the Secretary. The Committee shall meet five years from the date of enactment of
(18) Section 13104(b) is amended by in- at the call of the Secretary, but in any event this section.
serting after "Secretary" the words "for not less than once during each calendar SEC. 8. (a) Bayou Lafourche, in the State
State recreational boating safety programs". year. All proceedings of the Committee of Louisiana, between Canal Boulevard, city
(19) Effective August 26, 1983, chapter 111 shall comply with the Federal Advisory of Thibodaux, Parish of Lafourche and the
is amended as follows: Committee Act (5 U.S.C. App. I). Southern Pacific Railroad bridge crossing
(A) At the end of the chapter analysis, (b)(1) The Committee shall consist of fif- the bayou, city of Thibodaux, Parish of La-
add the following new item: teen members, who have particular exper- fourche, is hereby declared to be a nonnav-
" 011112. Master's lien for wages." tise, knowledge, and experience regarding igable waterway of the United States within
(B) At the end of the chapter, add the fol- the transportation and other technology, the meaning of the laws of the United
lowing new section: equipment, and techniques that are used, or States relating to the construction of
"011112. Master's lien for wages are being developed for use, in the explora- bridges across navigable waters.
Lion for, or the recovery of, offshore oil, gas, (b) The right to alter, amend, or repeal
"The master of a documented vessel has or other mineral resources, as follows:
the same lien against the vessel for the mas- (A) Two members representing enterprises this section is hereby expressly reserved.
ter's wages and the same priority as any engaged in the production of oil, gas, or SEC. 9. Notwithstanding any other provi-
other seaman serving on the vessel.". other mineral resources, except that not sion of law, the Coast Guard shall transfer,
Ssc. 2. (a) The Coast Guard may enter more than one member may represent com- or cause to transfer, to the Keweenaw
into a lease in excess of one fiscal year to ac- panies included on the list of restricted joint County Historical Society, Eagle Harbor,
quire a site on the State pier in New Bed- bidders prepared by the Department of the Michigan, the Second Order Fresnel Lens
ford, Massachusetts, for construction of Interior; from the Rock of Ages Lighthouse,
maintenance assistance team and vessel sup- (B) Two members representing enterprises Keweenaw County, Michigan.
port facilities on that pier. specializing in offshore drilling; SEC. 10. The Port of Houston Authority
(b) Any lease under this section is effec- (C) Two members representing enterprises bridge over Greens Bayou approximately
tive only to the extent that amounts are specializing in the supply of offshore oil, two and eight-tenths miles upstream of the
provided for in appropriation laws. gas, or other mineral exploration or recov- confluence of Greens Bayou. Texas and the
(c) Notwithstanding section 322 of the Act ery operations by water; Houston Ship Channel is declared to be a
of June 30, 1932 (40 U.S.C. 278a), and begin- (D) One member representing those en- lawful bridge for all purposes of the Act en-
ning in fiscal year 1986, the Coast Guard gaged in each of the following specialities; titled "An Act to provide for the alteration
may spend appropriated amounts for the (I) Construction of offshore exploration or of certain bridges over navigable waters of
construction of fixed facilities and improve- recovery facilities; nt of
ments on that portion of the State pier (ii) Diving services related to offshore con- the the cost United of such States, for alterations the he between apportionmeionme the
such a
leased from Massachusetts for the use of a struction; and the emaintenance assistance team and Coast (iii) Helicopter services related to offshore United
bridge, States
for and other the purposes", ", approved
h GSErd vessels. construction; June 21, 1940 (33 U.S.C. 511 et seq.). The
SEC. 3. Notwithstanding any other law, the (E) Two members representing individuals of tdepartment in which the
Coast Guard Yard, Curtis Bay, Maryland, employed In offshore operations; Secretary
authorized
and the Coast Guard Aircraft Repair and (F) Two members representing environ- Coast reimburse the uard the
owner of the bridge for work
Supply Center, Elizabeth City, North CarQ- mental interests; and prior h the edate r o of a bridge f of oto
k
lina, are exempt from statutory and admin- (G) Two members representing the gener- done this
istrative personnel ceilings through Sep- al public. section that would be the responsibility of
tember 30, 1988. (2) The Secretary shall appoint the mem- the United States under the Act of June 21,
SEC. 4. The body of water known as Law- bers of the Committee after first soliciting 1940 (33 U.S.C. 511 et seq.) if performed
yer's Ditch located at block 5000 in the city nominations by notice published in the Fed- after the date of enactment of this section.
of Newark, County of Essex, New Jersey, is eral Register. The Secretary may request The total of all Federal funds authorized to
declared to be a nonnavigable waterway of the head of any other Federal agency or de- be expended under any law as the result of
the United States within the meaning of the partment to designate a representative to the declaration made in the first sentence of
laws of the United States relating to the advise the Committee on matters within the this subsection shall not exceed $450,000.
construction of bridges over navigable jurisdiction of that agency or department. The SPEAKER pro tempore. Is a
waters. The right to alter, amend, or repeal (3) The Committee shall elect, by majori- second demanded?
this section is expressly reserved. ty vote at Its first meeting, one of the mem-
SEC. 5. Notwithstanding the last sentence bers of the Committee as the Chairman and Mr. DAVIS. Mr. Speaker, I demand
of section 81 of title 14 of the United States one of the members as the Vice Chairman. a second.
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6798 C.0 'y(]RI.SalOv,-A?. t.i;~_C1I:I)-SENATE
S*;.tes f(;: ;t:c pru,-,-:(r, it cult:: cart year, io, a 2-Neat p i)Iui;ra.In of no
Indastr'.a! Wa.=tP wRt('r treatme!: n' more than fi'ie cc:' per service.
tCUtrun,lLt,i,} pret'ideu ULUC: h iot:g ;; r:, IIL:i: C elf,
contract than b3 other aprropnaf mearc, It supports c:!: r.:
"(2 - Each contract entered Into unc:rr sub approach to pro,:'
section (ar shall tie, awarded thrc_ p! tnc u:,e treatment
Of competitive procedures a: prat ides in tries, and cchild ca -
chapter 137 of this tio(
.. -;t and
f:._ilities
j - :fled.
direction on
K aste water
ci pot activi-
A contract ord.. the Ir;a be It allows CO: cr _ of ersight by
for ar pt rioci not it: (x^?:~. c .:(: t~-.,. c.. 21-d.. ,.,.on to
cludrn,. Lilo period for co: trurtro:. A con- Housr a.:;: S ?".s ( _.__.11t-es on
tract under this section shall include a pro- Armed Services,
vision that the obligatie?r of the United It allows rap, acgi_ t by leasing
state to make payT.Pr!F L".id' th- corn from pri'.ate enterpric,-
tract in any fiscal year is subject to the
ava;lability of The leasing will be s `_ ie^t to annual
14 A contract may net be entered into appropnati_,`.: t' (.c'
ur;u, this section untli- The a proach i to other
tar appropriate Comruitteea of the Con-
en- : in writing a justification of th(? need
In tt,e facility for which the contract is to
br i snrded are an economic analysis'based
ui%on accepted use cycle cosine, procedures)
whirl. demonstrates that t;:e proposed coo-
t.rart is cast effective when con-pared with
at,?rtative means of furnis!:ir;p the sane Is-
( 111, . and
"(Br a period of 21 calendar days has ex-
pired following the date on which the justi-
fication and the economic analysis are re-
crised by the committees.
-it r Each Secretary cony rned may enter
into not more than five contrac under the
authority of subsection (a, of this section,
other than contracts for child care centers.
-(c) The authority to enter into contracts
under this section shall expire on Septem-
ber 30. 2987, but than not affect the validity
of any contract entered Into under the au-
thority of this section prior to that date."
Mr. THURMOND. Mr. President, I
rise to offer an amendment which will
allow the concerned service Secretary
to enter into long-term agreements
with private sector contractors for the
construction and operation of facilities
on or near military bases under a pilot
program.
Long-term authority, is needed to
stimulate private sector investment in
ities which car. often be pro-
This authority was requested by the
administration, but it was not support-
ed in committee because of our con-
cern that the authority would be used,
and possibly abused, without congres-
sional oversight. This amendment ad-
dr a committee's concern by re-
o' economic analysis and justi-
the Secretary this authority for family
housing and utility plants. The com-
mittee deleted several projects, such as
child care centers, from this bill and
directed that'the Department seek
third-party financing. The legislation
is needed to provide the Department
the necessary authority.
I urge that this amendment be ac-
cepted. With oversight pro, ir. :-h( PRESIDING OFFICER. Is
eluded, there is very little ri,:k
err ; of , ec *,'' ? t' further debate? If not, the ques-
and a great deal to be gainer:. ti n is on agreeing to the amendment.
In brief, Mr. President, the amend- The amendment (No. 191) was
ment does this: agreed to.
It allows DOD to contract for facili Mr. THURMOND. Mr. President, I
ties on a lease of not more than. 2, -ve to reconsider the vote.
lease arrangcmc is
The Departmcr:t c' Defense sup-
ports thiis provision as drafted. It is
supported by the adrr_inis tration- It Is
supported by the St-nate Committee
on Armed Services no:,. I understand
that it is acceptable to Loth sides and
to the disttng'iisht:; Sinai or from New
Mexico (Mr. B1NGAMAI ). who is the
ranking riersber or. the Military Con-
struction Subcommittee. He and I
have been working together. We feel
that we now ha e made changes that
will meet his ob.iecuc_- and other ob-
jections we ha-.-v received. I hope that
the Senate will promptly adopt this
amendment.
Mr. BINGAMAN. Mr. President, I
ask the senior Senator from South
Carolina if he will yield for a question
on the amendment?
Mr. THURMOND. Mr. President, I
shall be very pleased to yield.
Mr. BINGAMAN. The question con-
cerns the first two or three lines of the
amendment which allows the con-
cerned Secretary authority to enter
into contracts for the construction,
management, and operation of facili-
ties.
It is my understanding, and maybe
the Senator from South Carolina can
clarify this, that the intent here is
that each contract which might be en-
tered into would be for all three of
those activities-that is, construction,
management, and operation-and we
would not be authorizing the Secre-
tary to enter into contracts merely for
the operation of a facility or some
other particular aspect of it.
Mr. THURMOND. Mr. President. in
response to the able Senator from New
Mexico, I say that that is the intent of
the provision.
Mr. BINGAMAN. Mr. President, I
thank the senior Senator from South
Carolina. With that clarification. I
shall not object to the amendment as
offered.
Mr. THURMOND. Mr. President, I
Mr. GOLDWATER. Mr. President. I
move to lay that mot tor. csi the table.
The motion to lay or, t! tabs(' wa_,
agreed to.
Mr. GOLDWATER. Mr. Preaidetit, I
suggest the absence of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The assistant legislat iv: clerk pro-
ceeded to call the roll.
Mr. METZENBAUI.M. 1.1 r. I': es! d e n t.
I ask unanimous consent that the
order for the quorum call be rescind-
ed.
The PRESIDING OFFICER. With-
out objection, it is so ortlt?red.
S. 1195-TO REQUIRE INCLUSION
OF PHOTOGRAPH Al" D BIOG-
RAPHY OF MISSING CHILDREN
ON GOVERNMENT MAILINGS
Mr. METZENBAUM. I%"- President.
I am today introductir.g. along with
Senators ROTH, E.,,c:LFTOm, Srs: rxs.
SIMON, MCCowwEI.L, B,-MYr_.'na, DE-:7'o- ?
BIDBN, Hiu Ms, Goal, HATCH. and Flom).
legislation to authorize the printing of
pictures and biographies of missing
children on Government mailings.
I can think of nothing more devasta-
ting than the disappearance from,
home of a young child.
Yet this is something that happens
in our country-and happens with
frightening regularity.
According to the National Center for
missing and exploited children, at
least 1,500,000 children are missing
from their homes each year.
Of these, approximately one mill on
are runaways and "throwaways."
The children cotae from small towns
in rural America and from our largest
cities. They come from all racial and
ethnic backgrounds. They've grown up
in upper class neighborhoods, in the
suburbs, and in the inner cities.
And no matter how the disappear
ance occurs, the impact or, the child's
family is devastating.
Another large group of children-
numbering perhaps in the hundreds of
thousands-are taken away by noncus-
todial parents.
And finally, it is estimated by the
national center that between 20,000
and 50,000 children are take-n. each
year by strangers, neve: to_be seen
again by their parents.
But we are not defenseless.
States and localities are fighting
back:
In some areas, local authorities are
automating their missing person files
and fingerprinting and videotaping
children.
In New York, the thruway authority.
has begun distributing pictures of
missing children with their toll tickets.
And soon its 27 service areas v. ii: d:
play posters of missing children.
Private companies are a1s^ contrib-
uting to this effort:
Dairies are printing faces of missing
children on milk containers:
Grocery bags bear their lik r:
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ma v 22, 1.%k;
CON . h;.SSj I i u -SENATE S 6; 94
Utility companies are including such
pictures and biographies on monthly
bill
Paces t,` rri,,-: ,Ldrt fi
32 times a day or the electronic Tin-.-.
Square billboard.
Mr. President, these efforts an
working.
After NBC aired pictures of 51 miss-
ing children, l I were found.
In California a picture on a silt.
carton brought home a runaway girl.
Since these efforts began, telephone
calls to the National Center for Miss-
ing and Exploited Children have more
than doubled.
Mr. President, these public-spirited
companies have done a real service.
They have raised our consciousness
about a tragedy that has for too long
been ignored.
The bill I am introducing today
would require 50 percent of all Federal
agency mail and 75 percent of all con-
gressional mail to include a picture
and biography of a missing child. It
does not provide any additional money
for such activity because there is little
if any expense involved.
According to the Government Print-
ing Office the cost of adding a picture
to the front of an envelope will be be-
tween $4 and $5 dollars for every
printing run made. That means that if
an agency prints S00 or 5,000 or 50,000
envelopes the total additional cost
would be no more than $5. Alterna-
tively, It is possible to enclose a card
containing the required information,
or to print the Information on the face
of a document already being copse in
quantities. In no case would the costs
be substantial.
Mr. President, If this measure re-
turns only one child it will be worth
the effort. But I believe that it will
return many more than that. And it
will certainly increase the awareness
of Americans of a tragic and heart:
rending national problem.
Mr. President, I ask unanimous con-
sent 'that a copy of our bill be printed
at this point In the Racoan.
There being no objection, the bill
was ordered to be printed in the
RECORD, as follows:
S. 1195
Be it enacted by the Senate and House of
Representatives of the United States of
America itt Congress assembled, That (a)(1)
effective 90 days after the date of enact-
merit of this Act-
(A) 75 per centum of the official mail
transmitted by the Senate and the House of
Representatives; and
(B) 60 per eenturn of the official mail
transmitted by any agency. department, or
bureau of the United States
shall contain a photograph and appropriate
biographical information of a missing child.
(2) The Secretary of the Senate. the Clerk
of the House of Representatives, and the
head of each agency, department nr bare-a,:
of the United States shall take suc a--inn;
as are necessary to implement U-, e'u, i
sions of this Act.
(b) For purposes of this Act, the term
"missing child" shall have the mca-mne
given such term in section 403(1 of t:; o I`r
of the Juvenile Justice and De .n:, c;
Preventiui: Aci of a:. t._. -- -. ''coon
660 of Public Lace 98-473.
(ci The costs of implement!: i tni Act
s-.. r... e
i ,...at e for aur.::...:....
Mr. METZENBAL"+'
if the majority leather 1...- r; ,;rohlem
with it-and I do not .,c does,
because I believe It h-_7 1-:- ared-I
ask unanimous consent bill be
placed on the cater::-- nt.
Mr. DOLE. Mr. i r.,= r: ing
the right to object-and I shah not
object-I had a conversation with the
distinguished Senator from Ohio earli-
er today. I think this is an excellent
idea, and I will support an early effort
to remove It from the the calendar,
pass it, and send it to tie Souse to-
morrow morning or even later this
evening.
Mr. METZENBAUM. I appreciate
very much the cooperation of the ma-
jority leader.
Saturday is Missing Children's Day.
I have been in touch with the leader-
ship of the House, and there is a
chance that It will be passed there.
But I hope we can pass It tonight or
tomorrow morning in the Senate-
Mr. DOLE. Mr. President. I say to
the distingusished Senator from Ohio
that if there Is an opportunity to do it
this evening, we will. I will have to
check all the procedural factors.
Mr. METZENBALM. The Senator
from Ohio is prepared. He just wants
to be certain that Senator Rom, who
is a cosponsor, or anyone else who is
interested in the bill and wants to be
present has an opportunity to do so.
Mr. DOLE. I understand that, and I
would certainly clear it with Senator
Roes and others.
Saturday is Missing Children's Day.
It is being recognized in many States,
including Kansas, Delaware, Ohio, and
probably every other State. In any
view, this would be an appropriate in-
dication not only of our interest but
also actually doing something very
constructive.
Mr. METZENBAUM. I am very
grateful for the support and assistance
of the majority leader.
The PRESIDING OFFICER. With-
out objection, It is so ordered.
Mr. BINGAMAN. Mr. President, I
suggest the absence of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The bill clerk proceeded to call the
roll.
Mr. METZENBAUM. Mr. President.
I ask unanimous consent that the
order for the quorum call be rescind-
ed.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
(Later the following occurred:)
Mr. METZENBAUM addressed the
Chair.
Ti', PRESIDING OFFICER. Who
yi? ir_, Ume"
Mr NETZENBAUM. Mr. President,
I rise for a unanimous-consent request.
Mr. GOLDWATER. Mr. President, I
yicid 2 minutes to my friend from
The PRESIDING OFFICEI- Tilt.
Senator from Ohio.
Mr. METZENBAUM. Mr. President.
I an; about to make a unsr, c-or
sent request that has been (.t a; t-d b
the majority leader, minorit, leader.
ranking member of the appropriate
committee, and the chairman: of the
committee having jurisdiction.
MISSING CRILDAIN LOCATION Ar"r
Mr. President, I ask unanin:c..i- eon.
sent that the pending measure be set
aside for a period not In excess of 2
minutes, that It retain its p--ace on the
calendar as if there has been no inter-
vening business, and that Senate bill
1195, the Missing Children. Locaticn
Act, be called up for immediate consid-
eration.
Mr. GLENN. Mr. President, reserv-
ing the right to object, and I wiii not
object. Could we also include in that
unanimous-consent request that it
does not detract from the time on the
current debate, which is under a time
limitation.
Mr. METZENBAUM. Mr. President.
I add that to the request.
The PRESIDING OFFICER. Is
there objection? Without objection, It
is so ordered.
The Berk will report.
The bill clerk read as follows
A bill (S. 1195) to require that a portion of
the mail of Congress and the executive
branch fachde a photograph and biography
of a min ing child.
The Senate proceeded to consider
the bill.
Mr. ROTE. Mr. President. I am cer-
tain that every one of my colleagues is
aware of the grave situation concern-
ing missing children in this country.
We have all heard far too many tragic
accounts of youngsters who were last
seen walking home from school or
playing in a neighborhood park, only
to vanish without a trace.
I can think of few experien"es worse
than that of a parent who must face
the trauma of a missing child. For
those parents whose children have
been missing for days, weeks, and
sometimes even years, there is an
added burden. On top of the anger and
grief, there is also the feeling of tre-
mendous frame realization
that despite the aid of the authr-oritie:.
their child is still miming
It is from those feelings of fru5t ra -
tion that numerous individuals and
groups have directed their efforts to
locating missing children Recently ,
these efforts have evolved into a na-
tionwide campaign to locate these chi; -
dren, and to educate the public about
this seriousatian. Many business
and community organizations provide
information an how to safeguard chil-
dren from strangers, and it is now
-common to see the faces and histori
of missing children on the back, of
milk cartons.
Mr. President, this bill provides an
other method for educating many
more of us to the plight of n:is::nr
children. It designates that venal::
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S f;`-`0O CONGRESSIONAL RECORD - SL\ATE
May 22 , 1985
p''rtions of material mailed by Men-,- sands of dollars to aid in the search ings or. missing children. This hearing
bers of both the Senate and House and for missing children. focus.) on private sector initiatives to
the executive branch agencies contain I am amazed at the innovative ways missing children, and
photographs and biographies cl i:, vhicf I have seen p:c?tures and post- tbf r. of fraud and abuse in the
ma;sing children. In this way, Govern- ens of missing children displayed. burwo-,u n,.;F missing children's Indus-
ment joins forces with the many pri- They have been displayed on pizza try. h".an: corporations. such as Wawa
vate groups and individuals who are boxes, milk cartons, inserts in direct Dart Products and the Trailways
directing their efforts to locate miss- mail advertising and utility bills. We in Corp.. i::,?, c responded swiftly to ad-
ing children. Congress should join our colleagues in dress, the plight of missing and abduct-
It is critically important that every the private sector in disseminating plc- ee
possible means be used to locate the tures of missing children. I believe TL.is us_ of the Government mail
thousands of children missing in this that the legislation that Senator will help focus nationwide attention
country today. We all share a respon- METZENEAuM is offering will be worth- on the tragic cases of missing children.
sibility to make people aware of this while. We have already seen the suc- I believe another extremely important
agonizing problem. cesses. step toward this goal would be an un-
Mrs. HAWKINS. Mr. President, I am The success stories range from the &-y-taking by the television networks
delighted to join my distinguished col- runaway who returned home after to air pictures of missing children as
league from the State of Ohio, Mr. seeing her picture on a pizza box. She part of their regular programming.
METZENBAUM, in cosponsoring this leg- said that seeing her picture made her and to help publicize the National
islatlon. realize how much her parents must Center's hotline and information serv-
Earlier today I submitted a rather love her to go to those kind of lengths ices. The National Center for Missing
lengthy list of businesses and corpora- to find her. Or the parental kidnaping and Exploited Children was estab-
eng who hmade a significant con- victim who saw his picture displayed lished pursuant to the Missing Chil-
tions on had improve or search for after the showing of "Adam" who drer.'s Assistance Act, which I intro-
missing children. These businesses are called home to let his mother know we duced in the 98th Congress, and which
just a representative sample of the was alive and safe. His father had told President Reagan signed into law on
hundreds of organizations that have him that his mother didn't want him. October 12, 1984. Senator HaINZ and I
given of their time, talent, and re- Or the Rhode Island State police who have contacted our colleagues in the
sources to help locate missing chi)- credit passage of the Missing Children Senate, and asked them to join us in
dren. Act and publicity about the national urging the major television networks
Tomorrow I will chair a hearing crime information computer in their to undertake these steps. Mr. Presi- am to successful utilization of the computer.
my Su Drugs s. Mand r. Pres' -
s o f pleased t report that n-
son Cism ren, They linked a car involved in an acci- Mern I
dent to its owner who had been a sus hers o. the Senate, including Se
review the progress that has been RtOY MaTZENSAIIM, have joined Senator
min the sfor missing chi]- pert in a child abduction and saw the HE HErxz and me as signatories to this
made an since search
original hearing g eventual safe return of that child to letter, which was sent to the Nation's
dres since I my have his family. Or the ordinary citizen,
Year ago. panel who risked being labeled a "nosey major broadcasting companies on May
representing businesses that had Sig- neighbor" by persistently 1985.
nificantly contributed their time, y pursuing I have pledged, and will continue to
her suspicions about a young fright
talent, and resources to help find miss- ened child in the company of an elder- pledge, my tireless efforts to end this
in g children. I asked my staff to coin- ly neighbor. Her suspicions were well heartbreaking situation, and the bill
pile a list of those organizations, and I founded, the child had been snatched which I cosponsor today contributes
was not only amazed at the length of from her parents in California so long further to these efforts.
the list, but at the innovative methods ago that they couldn't er The cosponsors of the amendment
that these businesses and organiza- y positively were are: Mr. Ms'rzENSatnc, for himself,
tions were going to spread the message iffy her m until after blood d tests were
,performed. Mrs. HAWKINS, Mr. ROTH, Mr. Dots,
about missing children and the great It is through the efforts of private Mr. EAGLETON, Mr. Srscraa, Mr.
extent of their contribution. Since I and public corporations that missing SIMON, Mr. MCCoNNELI Mr. BUMPERS,
couldn't invite every organization to children are being'
eing located and re- Mr. DENToiq, Mr. BmErN, Mr. HE;acs,
testify, I decided that we should cele- turned to the safety of their homes. I Mr. Goss, Mr. HATcH, Mr. Foss, Mr.
brate Missing Children Day this year urge my Senate colleagues to join me MoYNIHAJ, and Mr. BRADLEY.
by honoring the businesses, corpora- in supporting this legislation. Mr. METZENBAUM. Mr. President,
tions, and organizations that have Mr. SPECTER. Mr. president, I oom- I believe we are prepared to act on the
made that significant contribution, mend my colleague from Ohio, Sena-
We even had to move the site for our tor MErZENBAUM, for introducing S. bflL
The PRESIDING OFFICER. The
breakfast, because the list of private 1195, legislation to assist national ef- bill is before the Senate and open to
and public organizations that have forts in locating missing children. This amendment. If there be no amend-
contributed significantly to the search bill, which I cosponsor, requires that ment to be proposed, the question is
for missing children kept on growing. photographs and information on miss- on the engrossment and third reading
Even so. I couldn't find a room in the ing children be reproduced on 75 per. of the bill.
Senate that was large enough to ac- cent of all congressional mail and 50 The bill (S. 1195) was ordered to be
commodate every business and organi- percent of all Federal Government engrossed for a third reading, was read
zation that has joined us in our search agency mail. This important action the third time, and passed.
for missing children. The list of par- can be undertaking with existing ap- Mr. METZENBAUM. Mr. President,
ticipating dairies alone was in the hun- propriatioris-no additional Federal I move to reconsider the vote by which
dreds. I had to limit the invitations to funding is required. This effort, when the bill was passed.
organizations that had made a signifi- viewed in conjunction with the consid- Mr. GOLDWATER. I move to lay
cant, national contribution to the erable initiatives shown by the private that motion on the table.
search for missing children. sector and the business community, The motion to lay on the table was
You range from a restaurant in will lend further support to the ongo- agreed to.
Trov, MI, whose proprietor raised ing efforts to end the nationa' tragedy Mr. METZENBAUM. Mr. President,
$17.000 for the National Center out of and heartbreak of the disappearance I want to express my appreciation to
gratitude for their help in the safe of more than 1.5 million children each the chairman of the committee, my
return of his daughter, Betsy, to cor- year. good friend, Senator GoLDwATxR, and
porations like Texize, Bekins Van This morning, the Senate Subcom- to the other Members who wish to
Lines, and Commtron who have liter- mittee on Juvenile Justice, which I speak on this very important subject
ally contributed hundreds of thou- chair, held another in a se-- of hear- who are on the floor at this time.
(Conclusion of later proceedings.)
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August 1, 1985
CONGRESSIONAL RECORD - Hrn ISP
1o) AcgtTtsnIOFs.-The Commission is au-
thorized to acquire any work of art. histori-
cal object, document or material relating to
historical matters, or exhibit for placement
in the House wing of the Capitol or the
House office buildings.
SK( C. STAFF.
The Commission shall be staffed by the
Office for the Bicentennial of the House of
Representatives and shall have full supervi-
sory powers over such Office. The Comnus-
sion may also draw upon the staff support
of such other employees of the House or its
support agencies as may be agreed to by
mutual consent.
SE(. 7. PAYMENT OF EXPENSES.
The expenses of the Commission shall be
paid from money appropriated to the Office
for the Bicentennial of the House of Repre-
sentatives.
SF:(: & r'F:KIODIC RSPORIS.
The Commission may submit periodic re_
ports on its activities to the House. Any
such report which is made when the House
is not in session shall be filed with the Clerk
of the House.
SEC. L. TERMINATION.
The Commission shall cease to exist at the
end of the 99th Congress, unless otherwise
provided by law or resolution.
Mr. ALEXANDER (during the read-
ing). Mr. Speaker, I ask unanimous
consent that the resolution be consid-
ered as read and printed in the
RECORD.
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from Arkansas?
There was no objection.
The SPEAKER pro tempore. Is
there objection to the original request
of the gentleman from Arkans;,st
Mr. WALKER. Mr. Speaker, reserv-
ing the right to object, I reserve the
right to object simply to make certain
that I understand the procedure here.
It is my understanding that this has
been cleared by the minority?
Mr. ALEXANDER. Yes, the gentle-
man is Correct. Mr. Speaker, if the
gentleman will yield and if I may re-
spond further, the resolution is for the
purpose of establishing a Commission
on the Bicentenary of the U.S. House
of Representatives. It has been cleared
by the minority. There are no funds
required for its implementation, and it
is simply for the purpose of planning,
directing, and consummating a pro-
gram for the commemoration of the
bicentenary of the U.S. House of Rep-
resentatives.
Mr. WALKR. Further reserving
the right to object, Mr. Speaker, I ap-
preciate the gentleman's explanation,
and I am particularly appreciative of
his making the point that this is a res-
olution that requires no new funding,
and that in fact any expenses that will
be incurred from this will be out of
the office for the bicentennial in the
House of Representatives, and that
that is previously appropriated money.
Mr. ALEXANDER. Yes, the gentle-
man is correct. The Bicentenary Com-
mission will be paid for and adminis-
tered by funds and staff that are cur-
rently provided for.
Mr- WALKER. It is also my under-
standing that the representation on
the Commission is equal between the
majority and the minority in this par-
ticular instance?
Mr. ALEXANDER. Yes, it is equal,
and it is bipartisan in makeup.
Mr. WALKER. Mr. Speaker. I thank
the gentleman, and I withdraw my res-
ervation of objection.
The SPEAKER pro tempore. -Is
there objection to the original request
of the gentleman from Arkansas?
There was no objection.
The SPEAKER pro tempore. The
question is on the resolution.
The resolution was agreed to.
A motion to reconsider was laid on
the table.
A PLEA TO THE PRESIDENT TO
REPUDIATE OPPRESSION IN
SOUTH AFRICA
(Mr. WHEAT asked and was given
permission to address the House for 1
minute and to revise and extend his
remarks.)
Mr. WHEAT. Mr. Speaker, last week
I joined with my colleagues in the
Congressional Black Caucus in sending
a telegram to the President of the
United states requesting an urgent
meeting on the crisis in South Africa.
Mr. President, we sought that meeting
to bring you a message of deep con-
cern about the deteriorating situation
in that troubled country.
Last night the conference committee
on this body and of the other body en-
dorsed that message and called upon
the Congress to pass the Anti-Apart.
held Act of 1985. Upon passage of that
legislation, Mr. President, we will call
upon you to carry our message to the
world, and our message is a simple
one: The United States will no longer
condone oppression in South Africa.
While you are sincere in your efforts
to engage the South African Govern-
ment in constructive dialog, that Gov-
ernment and the rest of the world per-
ceive constructive engagement as tacit
American approval of oppressive prac-
tices in South Africa. Mr. President,
even the mere perception that Ameri-
cam would tolerate South African re-
pression is morally repugnant, and we
call upon you now to repudiate that
offensive misperception.
01210
THE INSANITY OF APARTHEID
(Mr. DELLUMS asked and was given
permission to address the House for 1
minute and to revise and extend his
remarks.)
Mr. DELLUMS. Mr. Speaker, I rise
this morning to join with all my col-
leagues who have taken the well to
challenge the insanity of apartheid,
the cruelty and oppression of the re-
ality of what is taking place in South
Africa at this very moment and to
raise the point that a number of my
distinguished colleagues, as well as
this gentleman, have asked the Presi-
dent of the United States for a terribly
H 7069
important meeting to discuss this in-
credible issue.
Over the last several days wc: rc -
ceived a report that Mr. Botha of
South Africa refused to meet with
Bishop Desmond Tutu, but there arc
those of us who reside in this Cham-
ber who have a compelling, obvious.
yet not exclusive Inter er????~
taking place in South rica, who have
the right to expect our
Press
We can understand ignoring Bishop
Tutu in the context of Is o thebst madneibns
e sslyoaf
South Africa, but this
democratic society.
The President of the United States.
whether or not we agree ideologically-,
is the President of all the people and
in my estimation has a moral, a politi-
cal, and intellectual obligation to meet
with all of the persons who are duly
elected and respected representatives
of major constituents in this country.
The President has a profound obliga-
tion and, indeed, a responsibility to
meet with us on this incredible issue.
USE OF OFFICIAL GOVERNMENT
MAIL TO LOCATE MISSING
CHILDREN
Mr. McCLOSKEY. Mr. Speaker. I
ask unanimous consent to take from
the Speaker's table the Senate bill (S.
1195) entitled "An Act to require that
a portion of the mail of Congress and
the executive branch include a photo-
graph and biography of a missing
child," with Senate amendments to
the House amendments thereto, and
concur in the Senate amendments to
the House amendments.
The Clerk read the title of the bill.
The Clerk read the Senate amend-
ments to the House amendments, as
follows:
Page 3, line 15. of the House engrossed
amendment, before "Section" insert "(1)".
Page 3. after line 18 of the House en-
grossed amendment, insert:
(2) Section 733 of title 44, United States
Code, is amended by inserting after the
second sentence of the second undesignated
paragraph the following: "FYanks may also
contain information relating to missing chil-
dren as provided in section 3220 of title 39.".
The SPEAKER pro tempore (Mr.
TORREs). Is there objection to the re-
quest of the gentleman from Indiana?
Mr. HANSEN. Mr. Speaker, the mi-
nority has no objection.
There was no objection.
A motion to reconsider
NATIONAL SCHOOL-AGE CHILD
CARE AWARENESS WEEK
Mr. GARCIA. Mr. Speaker, I ask
unanimous consent that the Commit-
tee on Post Office and Civil Service be
discharged from further consideration
of the joint resolution (H.J. Res. 60) to
designate the week beginning Septem-
ber 1, 1985, as "National School-Age
Child Care Awareness Week," and ask
for its immediate consideration.
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99ThI CONGRESS
1ST SESSIGN
S,01195
IN THE IIOUSE OF REPRESENTATIVES
.IIINE h, 198.5
Referred jointly to the Committees on House Administration and Post Office and
Civil Service
AN ACT
To require that a portion of the mail of Congress and the
executive branch include a photograph and biography of a
missing child.
I Be it enacted by the Senate and House of Representa-
2 fives of the United States of America in Congress assembled,
3 That (a)(1) effective ninety days after the date of enactment
4 of this Act-
5 (A) 75 per centum of the official mail transmitted
6 by the Senate and the House of Representatives; and
7 (B) 50 per centum of the official mail transmitted
8 by any agency, department, or bureau of the United
9 States
10 shall contain a photograph and appropriate biographical in-
11 formation of a missing child.
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1 (2) The Secretary of the Senate, the Clerk of the House
2 of Representatives, and the head of each agency, department,
3 or bureau of the United States shall take such actions as are
4 necessary to implement the provisions of this Act.
5 (h) For purposes of this Act, the term "missing child"
6 shall have the meaning given such term in section 403(1) of
7 title IV of the Juvenile Justice and Delinquency Prevention
8 Act of 1974, as added by section 660 of Public Law 98-473.
9 (c) The costs of implementing this Act shall be paid out
10 of existing appropriations available for administrative ex-
penses.
Passed the Senate May 22 (legislative day, April 15),
1985.
Attest: JO-ANNE L. COE,
Secretary.
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JUL 0 2 1985
Honorable William B. Ford
Chairman
Committee on Post Office and
Civil Service
U.S. House of Representatives
Washington, D.C. 20515
Dear Mr. Chairman:
This is in reply to your request for the views of the Office of
Management and Budget (OPMB) on S. 1195, the "Hissing Children
Location Act.' This legislation, which passed the Senate on
May 22, 1985, would require 75 percent of the official mail of
the Legislative branch and 50 percent of the official mail of the
Executive branch to contain a photograph and 'appropriate
biographical information' about a missing child.
The Administration, of course, strongly supports efforts to
assist in searching for and locating missing children. We think
that recent initiatives -- the enactment of the Missing
Children's Assistance Act last year is a good example -- have
demonstrated convincingly the willingness of the Federal
Government to take meaningful steps to help find missing
children.
We are concerned, however, about a number of potential
difficulties that might impede the success of the program that
this legislation envisions. Other interested agencies will be
providing you with additional views.
As a preliminary matter, it appears that S. 1195 is modelled on
current efforts in the private sector to put information
concerning missing children in the hands of consumers (e.g., by
putting photographs and other information on milk cartons or
grocery bags). We believe that it would be worthwhile to attempt
to determine the extent to which these private sector initiatives
are working before mandating Federal action. Even if the private
sector programs are working, are Government mailings sufficiently
analogous to widely-used consumer products to justify
establishing a Government-wide program of this nature?
Other questions or problems that you may wish to examine include
the following:
o How much will the program cost? The debate in the Senate
indicated that costs would be quite low. The Veterans
Administration, however, has advised us that it estimates that
7
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printing a photograph and biographical information on one
million envelopes could cost as much as $12,000. Since
Executive branch agencies mailed over two billion pieces of
mail, in 1984, operational costs could be considerable.
o Given the logistical considerations in ordering and printing
envelopes and other mailers, how current would the information
be? Pow would the agencies coordinate decisions on which
children would be selected and for which mailings? How useful
would it be for the Social Security Administration, for
example, to put the picture of one child on all of the millions
of envelopes that it sends in one month?
o Should the requirements of S. 1195 be imposed on agencies whose
mailings are not primarily to the public-at-large but rather to
other agencies (e.g., OMB) or to locations outside the United
States (e.g., the State Department)?
The Executive branch is well aware of the problem of missing
children. The Department of Justice and the Department of Health
and Human Services, in particular, are doing a great deal to
locate and help missing and runaway children. In addition, other
agencies have initiated programs to assist in this effort. The
Postal Service, for example, is considering posting photographs
of missing children on post office bulletin boards around the
country. Other administrative action might be helpful in
addressing this problem.
If, after considering these factors, and others that I am certain
will be brought to your attention, the Committee decides that the
program that S. 1195 would create has merit, we believe serious
consideration should be given to authorizing it on a limited test
basis. For example, the program could be authorized for a short
period, such as one or two years, and limited to the mailings of
a few carefully selected agencies, in order to ascertain its
effectiveness.
Let me emphasize the Administration's commitment to assist in
finding missing children. In considering S. 1195 or similar
legislation, I trust that the Committee will consider these
questions and concerns carefully.
Sincerely,
David A. Stockman
David A.,'Btockman
Director
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AMENDMENT IN THE NATURE OF A SUBSTITUTE TO S. 1195
OFFERED BY MR. MCCLOSKEY
Strike out all after the enacting clause and insert in
lieu thereof the following:
1 SECTION 1. AUTHORITY TO USE PENALTY AND FRANKED MAIL.
2 (a) AUTHORITY.--(1) Chapter 32 of title 39, United States
3 Code, is amended by adding at the end thereof the following:
4 S3220. Use of official mail in the location and recovery of
5 missing children
~I
(a)(1) The Office of Juvenile Justice and Delinquency
7 Prevention, after consultation with appropriate public and
8 private agencies, shall prescribe general guidelines under
9 which penalty mail may be used to assist in the location and
10 recovery of missing children. The guidelines shall provide
11 information relating to--
I I
(A) the form and manner in which materials and
13 information relating to missing children (such as
14 biographical data and pictures, sketches, or other
15 likenesses) may be included in penalty mail;
16 - (B) appropriate sources from which such materials
17 and information may be obtained;
1%(C) the procedures by which such materials and
19 information may be obtained; and
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MC.CLOS015
I I
(D) any other matter which the Office considers
2 appropriate.
3 1'(2) Each executive department and independent
4 establishment of the Government of the United States shall
5 prescribe regulations under which penalty mail sent by such
6 department or establishment may be used in conformance with
7 the guidelines prescribed under paragraph (1).
~I
(b) The Senate Committee on Rules and Administration
9 and the House Commission on Congressional Mailing Standards
10 shall prescribe for their respective Houses rules and
11 regulations, and shall take such other action as the
12 Committee or Commission considers necessary and proper, in
13 order that purposes similar to those of subsection (a) may,
14 in the discretion of the congressional official or office
15 concerned, be carried out by the use of franked mail sent by
16 such official or office.
17 (c) As used in this section, 'Office of Juvenile
18 Justice and Delinquency Prevention' and 'Office each means
19 the Office of Juvenile Justice and Delinquency Prevention
20 within the Department of Justice, as established by section
21 201 of the Juvenile Justice and Delinquency Prevention Act of
22 1974..
23 (2) The analysis for chapter 32 of title 39, United
24 States Code, is amended by adding at the end thereof the
25 following:
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MCCLOSD15
3220. Use of official mail, in the location and recovery of
missing children. .
1 (b) DEFINITION.--Section 3201 of title 39, United States
2 Code, is amended--
(1) in paragraph (4), by striking out 'and;
4 (2) in paragraph (5), by striking out the period and
5 inserting in lieu thereof ; and ; and
6 (3) by adding at the end thereof the following:
7 ? (6) 'missing child' has the meaning provided by
8 section 403(1) of the Juvenile Justice and Delinquency
9 Prevention Act of 1974.'.
10 (c) CONFORMING AMENDMENT.--Section 3204(a) of title 39,
11 United States Code, is amended by striking out ''section,''
12 and inserting in lieu thereof ''section or section 3220(a) of
13 this title,
14 SEC. 2. ISSUANCE OF GUIDELINES, RULES, AND REGULATIONS.
15 (a)' GUIDELINES.--The guidelines described in section
16 3220(a)(1) of title 39, United States Code, as added by this
17 Act, shall be prescribed not later than 90 days after the
18 date of the enactment of this Act.
19 (b) RULES AND REGULATIONS.--The regulations described in
20 subsection (a)(2) of section 3220 of title 39, United States
21 Code, as added by this Act, and the rules and regulations
22 described in subsection (b) of such section, as so added,
23 shall be prescribed not later than 180 days after the date of
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4
1 the enactment of this Act.
2 SEC. 3. REPORTS.
3 (a) GENERAL REQUIREMENTS,--Not later than 2 years after
4 the date of the enactment of this Act, a written report
5 containing the matter described in subsection (b) shall be
6 prepared by--
7 (1) the Office of Juvenile Justice and Delinquency
8 Prevention and submitted to the President, the President
9 pro tempore of the Senate, and the Speaker of the House
10 of Representatives;
11 (2) the Senate Committee on Rules and Administration
12 and submitted to the President pro tempore of the Senate;
13 and
14 (3) the House Commission on Congressional Mailing
15 Standards and submitted to the Speaker of the House of
16 Representatives.
17 (b) CONTENT OF REPORTS.--Each report under this section
18 shall include--
19 (1) an assessment of the effectiveness with which any
20 authority provided by section 3220 of title 39, United
21 States Code, as added by this Act, has (during the period
22 covered by the report) been used, insofar as such
23 authority was subject to guidelines or rules and
24 regulations prescribed by the reporting entity;
25 (2) recommendations as to whether the authority under
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MCCLOS015
5
1 such section should, insofar as such authority was
2 subject to such guidelines or rules and regulations, be
3 extended beyond the termination date otherwise applicable
4 under section 5; and
5 (3) any other information which the reporting entity
6 considers appropriate.
7 SEC. 4. CLARIFICATION RELATING TO COORDINATION OF GOVERNMENT
8 PROGRAMS.
9 Notwithstanding any other provision of law, the authority
10 provided by section 3220(b) of title 39, United States Code,
11 as added by this Act, shall not be considered to be subject
12 to the authority of any agency within the executive branch of
13 the Government of the United States to coordinate programs
14 relating to missing children.
15 SEC. 5. TERMINATION DATE.
16 The amendments made by section 1 and any guidelines,
17 rules, or regulations prescribed to carry out such amendments
18 shall cease to be effective 2-1/2 years after the date of the
19 enactment of this Act.
Amend the title so as to read: "A bill to amend title
39, United States Code, to authorize the use of penalty and
franked mail in efforts relating to the location and recovery
of missing children.
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July 18, 1985
SUMMARY OF S. 1195
SOURCE: S.1195 was introduced by Senator Metzenbaum on
May 22, 1985 and passed on the same day. The bill
was then referred to the Committee on Post Office
and Civil Service.
PURPOSE: To allow for the printing of a photograph and
biography of a missing child on U.S. Government
penalty and franked mail.
BACKGROUND: The Subcommittee on Postal Personnel and
Modernization held hearings on S.1195 on June 25,
1985. Testimony was heard from Members of
Congress, Officers of the Senate and House, the
U.S. Postal Service and public witnesses. While
all witnesses applauded the intent of the bill,
several expressed concern over various
administrative aspects. After consultation with
the interested parties, an amendment in the nature
of a substitute was drafted to address these
spec is concerns. The bill is scheduled to be
marked up in subcommittee on Tuesday, July 23.
EXPLANATION: The bill introduced and passed in the Senate
provided for specified percentages of congressional
and Executive branch mail to contain the photograph
and biography of a missing child. The substitute
bill would make the program discretionary, with a
sunset of 2 1/2 years if proven ineffective in
achieving its goal of aiding in the search for
missing children. A report to the Congress would
be required after 2 years.
The substitute would require the office of Juvenile
Justice and Delinquency Prevention to produce
guidelines for implementation of the provisions of
the bill applicable to penalty mail within 90 days
after enactment. Within 180 days of enactment,
each Department would be responsible for
promulgating rules and regulations in accordance
with the guidelines. For franked mail, the Senate
Committee on Rules and Administration and the House
Commission on Congressional Mailing Standards would
administer the program and provide rules and
regulations, also within 180 days after enactment.
COST: CBO estimates no significant cost to the
government.
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1 I I / -~ ~ Yom,
FROM:
MEMO
SUBJECT: Missing Children + Mail
At the request o I attended the July 23, 11:30 AM hearing
for the mark-up of S. 1195. The hearing was held by the House Post
Office & Civil Service Committee- Postal Personnel Subcommittee.
Prior to the hearing an inquisitive and very helpful staffer from Chairman
McCloskey's office provided me with a copy of the bill, the McCloskey
amendment(only one offered), and a summary of the impact of the ameendment
(see attachments).
The McCloskey amendment changes S. 1195 from an act which mandates, to one
which simply allows, printing of "missing children photos and bios" on
some percentage of congressional and executive "official mail".
According to the staffer the amendment safeguards against counterproductive
inter/intra-agency repetition. The alleged impact of such repetition being
desensitization of the recepient, and so a corresponding reduction in
the effectivness of the program in locating missing children. The logic
being that those inundated will come to feel "if you've seen one...
you've seen them all."
Realistically, the hidden agenda was revealed when McCloskey indicated
during the hearing that the House (which presumeably produces larger
volumes of mail than the Senate) did not embrace any effort (especially
the Senate's) which resulted in more complexity in their system of
correspondance.
With only McCloskey and Young present, and no member objecting, the
amendment was adopted for consideration by the whole committee after
five minutes of uneventful discussion.
STAT
STAT
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