CONGRESSIONAL RECORD---HOUSE

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CIA-RDP71B00364R000500170002-3
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October 7, 1969
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Approved For Release 2000/09/07 ? CIA-RDP71B00364R0010500170002-3 October 7, 1969 CONGRESSIONAL RECORD? HOUSE (By unanimous consent, Mr. HALL was allowed to proceed for 2 additional min- utes.) Mr. HALL. Mr. Chairman, the Navy is authorized to invest and fund 76 percent of all oceanographic studies. There is a separate Institute on Oceanography, it is chaired by the Navy. Then we have the Oceanographic Institutes. I believe there Is one in San Diego, and I think there is one additional one which we use as a laboratory, and which we fund in author- ized appropriations for consultation to the Oceanographic Institute, and the Intergovernmental oceanographic agen- cies. To go on down the list here is perhaps useless. I think I have made my point, and I simply throw out a warning that in the blessed name of science and research, and in spite of the importance and need of garnering onto ourselves line item re- view of essential projects?and I compli- ment the committee for doing that?; that we constantly be alert less we do Invade the jurisdiction of other commit- tees, but even more so that we double expenses from the taxpayers' pocket in research that redownds without produc- ing benefit. I believe that one cannot go further this time, although one can continue going through item by item as, indeed, I have in the report, and marked pluses or minuses on every one of the authoriza- tions that are set ciut here, I think it serves no purpose except to alert and put on notice those who have garnered unto themselves that they must at all expenses avoid duplication, additive work, unnecessary research that overlaps, and, above all, read history to see if the needed knowledge is available before the re- search is authorized. Mr. FULTON of Pennsylvania. Mr. Chairman, will the gentleman yield? Mr. HALL. I yield to the gentleman from Pennsylvania. Mr. FULTON of Pennsylvania. Mr. Chairman, I would like to compliment the gentleman on making an excellent point. Our Committee on Science and Astronautics has tried to prevent over- lap, particularly in the Department of Defense, and the National Institutes of Health, and some progress has been made by the new Secretary of the Air Force. We have been so much opposed toward putting a program under the DOT and ?the Air Force for a manned orbiting laboratory, and then a program of very similar nature under NASA for a manned orbiting laboragory.'That manned orbit- ing laboratork program has" not been canceled. I believe we should go forward, as the gentleman said, and make sure on these line-by-line items that we will pro- vide adequate research but no duplica- tion. Mr. HALL. Mr. Chairman, I thank the gentleman for his contribution. I would only add one sentence, and that is that the statement of the gentleman from Pennsylvania is true if, it is within the bounds of military security, which can- not be here discussed. (Mr. HALL asked and was given per- mission to revlse and extend his re- marks.), The CHAIRMAN. The time of the gen- tleman from Missouri has expired. The CHAIRMAN. Under the rule, the Committee rises. Accordingly, the Committee rose; and the Speaker having resumed the chair, MT. CHARLES H. WILSON, Chairman of the Committee of the Whole House on the State of the Union, reported that that Committee having had under con- sideration the bill (H.R. 10878) to au- thorize appropriations for activities of the National Science Foundation, and for other purposes, pursuant to House Reso- lution 475, he reported the bill back to the House with sundry amendments adopted by the Committee of the Whole. The SPEAKER. Under the rule, the previous question is ordered. Is a separate vote demanded on any amendment? If not, the Chair will put them en gros. The amendments were agreed to. The SPEAKER. The question is on the engrossment and third reading of the bill. The bill was ordered to be engrossed and read a third time, and was read the third time. The SPEAKER. The question is on the passage of the bill. The question was taken; and the Speaker announced the ayes appeared to have it. Mr. FULTON of Pennsylvania. Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum Is not present. The SPEAKER. Evidently a quorum is not present. The Doorkeeper will close the doors, the Sergeant at Arms will notify absent Members, and the Clerk will call the roll. The question was taken; and there were?yeas 384, nays 5, not voting 42, as follows: Abernethy Adair Adams Addabbo [Roll NO. 2071 ' YEAS-384 Burke, Fla. Burke, Mass. Burleson, Tex. Burlison, Mo. Alexander Burton, Calif. Anderson, Bush Calif. Button Anderson, Ill. Byrne, Pa. Andrews, Ala. Byrnes, Wis. -Andrews, Cabelr N. Dak. Caffery Annunzio Camp Arends Carter Ashbrook Casey Ashley Cederberg Aspinall Celler Ayres Chamberlain Baring Chappell Barrett Clancy Beall, Md. Clark Belcher Clausen, Bell, Calif. Don H. Bennett Clawson, Del Betts Clay Bevil' Cleveland Biaggi Cohelan Biester Collier Blackburn Collins Blanton Colmer Blatnik Conable Boggs Conte Boland Conyers Bolling Corbett Bow Corman Brademas Coughlin Bray Cowger Brinkley Cramer Brock Culver Broomfield Daddario Brotzman Daniel, Va. Brown, Mich. Daniels, N.J. Brown, Ohio Davis, Ga. Broyhill, N.C. de la Garza Broyhill, Va. Delaney Buchanan Dellenback Dennis Dent Derwinski Dickinson Diggs Dingell Donohue Dorn Dowdy Downing Dulski Duncan Dwyer Eckhardt Edmondson Edwards, Ala. Edwards, Calif. Edwards, La. Eilberg Erlenborn Esch Eshleman Evans, Colo. Evins, Tenn. Fallon Farbstein Fascell Feighan Findley Fish Fisher Flood Flowers Foley Ford, Gerald R. ford, ' William D. Fountain Fraser Frelinghuysen Frey Friedel Fulton, Pa. Fulton, Tenn. Fuqua Galifianakis McMillan Gallagher Macdonald, Garmatz Mass, Gaydos MacGregor Gettys Madden Giaimo Mahon Gibbons Mailliard Gilbert Marsh Gonzalez Martin Goodling Mathias Gray Matsunaga Green, Oreg. May Green, Pa. Mayne Griffin Meeds Griffiths Melcher Grover Meskill Gubser Michel Gude Mikva Hagan Miller, Calif. Haley Miller, Ohio Hamilton Mills Hammer- Minish schmidt Mink Hanley Minshall Hanna Mize Hansen, Idaho Mizell Hansen, Wash. Mollohan Harsha Monagan Harvey Montgomery Hathaway Moorhead Hawkins Morgan Hays Morse Hechler, W. Va. Morton Heckler, Mass. Mosher Helstoski Moss Henderson Murphy, Ill. Hicks Murphy, N.Y. Hogan Myers Holifield Natcher Horton Nedzi Hosmer Nelsen Hull Nichols Hungate Nix Hunt Obey Hutchinson O'Hara Ichord Olsen Jacobs O'Neal, Ga. Jarman O'Neill, Mass. Johnson, Calif. Ottinger Johnson, Pa. Passman Jonas Patman Jones, Ala. Patten Jones, N.C. Pepper Jones, Tenn. Perkins Karth Pettis Kastenmeier Philbin Kazen Pickle Keith Pike King Pirnie Kleppe Poage Kluczynski Podell Koch Poff Kuykendall Pollock Kyl Preyer, N.C. Kyros Price, Ill. Landrum Price, Tex. Langen Pryor, Ark. Latta Pucinski Leggptt Purcell Lennon Quie Lloyd Quillen Long, La. Railsback Long, Md, Randall Lowenstein Rarick Lujan Reid, Ill. Lukens Reid, N.Y. McCarthy Reifel McClory Reuss McCloskey Riegle McCulloch Rivers McDade Roberts McDonald, Robison Mich. Rodino McEwen Rogers, Colo. McFall Rogers, Fla. McKneally Rooney, N.Y. Devine Gross Abbitt Albert Anderson, Tenn. Berry Bingham Brasco Brooks Brown, Calif. Burton, Utah Cahill Carey Chisholm Cunningham Davis, Wis. -11916i Rooney, Pa. Rostenkowski Roth Roudebush Roybal Ruppe Ruth Ryan St Germain Sandman Satterfield Schadeberg Scherle Scheuer Schwengel Scott Sebelius Shipley Shriver Sikes Sisk Skubitz Slack Smith, Calif. Smith, Iowa Smith, N.Y. Snyder Springer Stafford Staggers Stanton Steed Steiger, Ariz. Steiger, Wis. Stokes Stratton Stubblefield Sullivan Symington Taft Talcott Taylor Teague, Calif. Teague, Tex. Thompson, Ga. Thompson, N.J. Thomson, Wis. Tiernan Udall Ullman Utt Van Deerlin Vander Jagt Vanik Vigorito Waggonner Waldie Wampler Watkins Watson Watts Weicker Whalen White Whitehurst Whitten Widnall Wiggins Williams Wilson, Bob Wilson, Charles H. Winn Wold Wolff Wright Wyatt Wydler Wylie Wyman Yates Young Zablocki Zion Zwach NAYS-5 Hall Saylor O'Konski NOT VOTING-42 Dawson Denney Flynt Foreman Goldwater Halpern Harrington Hastings Hebert Howard Kee Kirwan Landgrebe Lipscomb McClure Approved For Release 2000/09/07 : CIA-RDP71600364R000500170002-3 Mann Pelly Powell Rees Rhodes Rosenthal St. Onge Schneebeli Stephens Stuckey Tunney Whalley Yatron HO roved For Release 2000/09/07 : CIA-RDP71600364R000500170002-3 CONGRESSIONAL RECORD? HOUSE October 7, 196)9 So the bill was passed. The Clerk announced the following pairs: Mr. Hebert with Mr. Rhodes- Mr. Brasco with Mr. Halpern. Mr. Albert with Mr. Berry. Mr. Kirwan with Mr. Sohneebeli. Mr. Tunney with Mr. PeIly. Mr. Corey with Mr. Cahill. Mr. St. Onge with Mr. Burton of Utah. Mr. Rosenthal with Mr. Whalley. Mr. Howard with Mr. Cunningham. Mr. Abbott with Mr. Landgrebe. Mr. Anderson of Tennessee with Mr. Denney. Mr. Brooks with Mr. Davis of Wisconsin. Mr. Flynt with Mr. Foreman. Mr. Brown of California with Mr. Hastings. Mr. Mann with Mr. Goldwater. Mr. Stuckey with Mr. Lipscomb. Mr. Yatron with Mr. McClure Mr. Rees with Mr. Powell. Mr. Harrington. with Mrs. Chisholm. Mr Kee with Mr. Dawson. Mr Bingham with Mr. Stephens. The result of the vote was announced as above recorded. The doors were opened. A motion to reconsider was laid on the table. Mr. DADDARIO. Mr. Speaker, I ask unanimous consent for the immediate consideration of S. 1857, to authorize ap- propriations for activities of the National Science Foundation pursuant to Public Law 81-507, as amended, a Senate bill similar to that just passed by the House. The Clerk read the title of the Senate bill. The SPEAKER. Is there objection to the request of the gentleman from Connecticut? There was no objection. The Clerk read the Senate bill, as follows: S. 1857 Be it enacted by the Senate and House of Representatives of the United States of America in. Congress assembled, That there is hereby authorized to be appropriated to the National Science Foundation for the fiscal year ending June 30, 1970, to enable It to carry out its powers and duties under the National Science Foundation Act of 1950, as amended, and under title IX of the Na- tional Defense Education Act of 1958, out of any money in the Treasury not otherwise appropriated, $487,150,000. SEC. 2. Appropriations made pursuant to authority provided in section 1 shall remain available for obligations, for expenditure, or for obligation and expenditure, for such period or periods as may be specified in Acts making such appropriations. SEC. 3, Section 14 of the National Science Foundation Act of 1950, as amended by Pub- lic Law 90-407 (82 Stat. 360), is amended by adding to the end thereof the following new subsection; "(i) Notwithstanding any other provision of law, the authorization of any appropria- tion to the Foundation shall expire (unless an earlier expiration is specifically pro- vided) at the close of the third fiscal year following the fiscal year for which the au- thorization was enacted, to the extent that such appropriation has not theretofore ac- tually been made." SEC. 4. Appropriations made pursuant to this Act may be used, but not to exceed $2,500, for official reception and representa- tion expenses upon the approval or authority of the Director, and his determination shall be final and conclusive upon the account- ing officers-of the Government. SEC. 5. In addition to such sums as are authorized by section 1 hereof, not to exceed $3,000,000 is authorized to be appropriated for expenses of the National Science Foun- dation incurred outside the United States to be paid for in foreign currencies which the Treasury Department determines to be excess to the norms)/ requirements of the United States. Sec. 6. Nothwithstanding any provision of the National Science Foundation Act of 1950, or any other provision of law, the Director of the National Science Foundation shall keep the Committee on Science and Astronautics of the House of Representatives and the Committee on Labor and Public Welfare of the Senate fully and currently informed with respect to all of the activities of the National Science Foundation. Sec. 7. This Act may be cited as the "Na- tional Science Foundation Act Amendments of 1969." AMENDMENT OFFERED BY MR. DADDARIO Mr. DADDARIO. Mr. Speaker, I offer an amendment. The Clerk read as follows: Amendment offered by Mr. DADDARIO: Strike out all after the enacting clause of the bill S. 1857 and insert in lieu thereof the provisions of H.R. 10878, as passed, as follows: "That there is hereby authorized to be appropriated to the National Science Foun- dation for the fiscal year ending June 30, 1970, to enable it to carry out its powers and duties under the National Science Foun- dation Act of 1950, as amended, and under title IX of the National Defense Education Act of 1958, out of any money in the Treas- ury not otherwise appropriated, $474,305,000. "Sec. 2. Appropriations made pursuant to authority provided in section 1 shall remain available for obligation, for expenditure, or for obligation and expenditure, for such pe- riod or periods as may be specified in Acts making such appropriations. "Sec. 3. Appaopriations made pursuant to this Act may be used, but not to exceed $2,500, for official reception and representa- tion expenses upon the approval or authority of the Director, and his determination shall he final and conclusive upon the accounting officers of the Government. "Sec. 4. In addition to such sums as are authorized by section 1 hereof, not to exceed $3,000,000 is authorized to be appropriated for expenses of the National Science Founda- tion incurred outside the United States to be paid for in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States. "Sec. 5. Notwithstanding any other provi- sion of law, the authorization of any appro- priation to the National Science Foun- dation shall expire (unless an earlier ex- piration is specifically provided) at the close of the first fiscal year following the fiscal year in which the authorization was enacted, to the extent that such appropria- tion has not theretofore actually been made. "Sec. 6. Notwithstanding any provision of the National Science Foundation Act of 1950, or any other provision of law, the Director of the National Science Foundation shall keep the Committee on Science and Astro- nautics of the House of Representatives and the Committee on Labor and Public Welfare of the Senate fully and currently informed With respect to all of the activities of the National Science Foundation. "Sec. 7. If any institution of higher edu- cation determines, after affording notice and opportunity for hearing to an individual at- tending or employed by such institution? (a) that such individual has, after the date of the enactment of this act, willfully refused to obey a lawful regulation or order of such institution and that such refusal was of a serious nature and contributed to the disruption of the administration of such institution; or "(b) that such individual has been con- victed in any Federal, State, or local court of competent jurisdiction of inciting, pro- moting, or carrying on a riot, or convicted of any group activity resulting in material dam- age to property, or injury to persons, found to be in violation of Federal, State, or local laws designed UP protect persons or property in the community concerned; then the institution shall deny any further paamaents to or for the benefit of euch indi- vidual which (but for this section) would be due or payable to such individual and no part of any funds appropriated pursuant to this Act shall be available for the payment of any amount (as salarv, as a loan or grant, or otherwise) to such individual. "Sec. 8. This Act may be cited as the "Na- tional Science Foundation Authorization Act, 1970." Amend the title so as to read: "An Act to authorize appropriations for activities of the National Science Foundation, and for other purposes." The amendment was agreed to. The Senate bill was ordered to be read a third time, was read the third time, and passed. Thetitle was amended so as to read: "To authorize appropriations for activ- ities of the National Science Foundation, and for other purposes." A motion to reconsider was laid on the table. A similar House bill (H.R. 10878) was laid on the table. GENERAL LEAVE Mr. DADDARIO. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks on the bill just passed. The SPEAKER. Is there objection to the request of the gentleman from Con- necticut? There was no objection. ELECTION TO STANDING COM- MITTEE - Mr. GERALD R. FORD. Mr. Speaker, I offer a Privileged resolution (H. Res. 571) and ask for its immediate consideration. The Clerk read the resolution as follows: H. RES. 571 "Resolved, That Charlotte T. Reid, of Illinois, be and she is hereby elected a mem- ber of the standing committee of the House of Representatives on Standards of Official Conduct." The resolution was agreed to. A mai to reconsider was laid on the table. ? AMENDING SUBCHAPTER III OF CHAPTER 83, TITLE 5, UNITED STATES CODE?CIVIL SERVICE RETIREMENT Mr. DANIELS of New Jersey. Mr. Speaker, I ask unanimous consent to take froill the Speaker's desk the bill (HR. 9825) to amend subchapter III of chap- ter 83 of title 5, United States Code, re- lating to civil service retirement, and for other purposes, with a Senate amend- ment thereto, and concur in the Senate amendment. The Clerk read the title of the bilL The Clerk read the Senate amendment, as follows: Approved For Release 2000/09/07 : CIA-RDP71600364R000500170002-3 proved For Release 2000/09/07 CIA-RDP71B00364R000500170002-9 Octob?7, 1969 CONGRESSIONAL RECORD- HOUSE Strike out all after the enacting clause and insert: That this Act may be cited as the "Civil Service Retirement Amendments of 1969". TITLE I-CIVIL SERVICE RETIREMENT FINANCING SEC. 101. Section 8331 of title 5, United States.Code, is amended- (1) by striking out "and" at the end of paragraph (15); (2) by striking out the period at the end of paragraph (16) and inserting a semicolon in lieu thereof; and (3) by adding immediately below para- graph (16) the following new paragraphs: "(17) 'normal cost' means the entry-age normal cost computed by the Civil Service Commission in accordance with generally ac- cepted actuarial practice and expressed as a level percentage of aggregate basic pay; "(18) 'Fund balance' Means the sum of- "(A) the investments of the Fund calcu- lated at par value; and "(B) the cash balance of the Fund on the books of the Treasury; and "(19) 'unfunded liabilty' means the esti- mated excess of the present value of all benefits payable from the Fund to employees and Members and former employees and Members, subject to this subchapter, and to their survivors, over the sum of- (A) the present value of deductions to be withheld from the future basic pay of em- ployees and Members currently subject to this subchapter and of future agency con- tributions to be made in their behalf; plus "(B) the present value of Government payments to the Fund under section 8348(f) of this title; plus "(C) the Fund balance as of the date the unfunded liability is determined.". SEC. 102. (a) Section 8334 of title 5, United States Code, is amended- (1) by amending subsection (a) to read as follows: "(a) (1) The employing agency shall de- duct and withhold 7 percent of the basic pay of an employee, 71/2 percent of the basic pay of a Congressional employee, and 8 percent of the basic pay of a Member. An equal amount shall be contributed from the ap- propriation or fund used to pay/the employee or, in the case of an elected official, from an appropriation or fund available for payment of other salaries of the same office or estab- lishment. When an employee in the legis- lative branch is paid by the Clerk of the House of Representatives, the Clerk may pay from the contingent fund of the House the contribution that otherwise would be con- tributed from the appropriation or fund used to pay the employee. "(2) The amounts so deducted and with- held, together with the amounts so contrib- uted, shall be deposited in the Treasury of the United States to the credit of the Fund under such procedures as the Comptroller General of the United States may prescribe. Deposits made by an 'employee or Member also shall be credited to the Fund."; and (2) by amending subsection (c) to read as follows: "(c) Each employee or Member credited with civilian service after July 31, 1920, for which retirement deductions or deposits have not been made, may deposit with in- terest an amount equal to the following percentages of his basic pay received for that service: "Percentage of basic pay: Employee: Service period 21/2 August 1, 1920, to June 30, 1926. 31/2 July 1, 1926, to June 30, 1912. _____ July 1, 1942, to June 30, 1948. 6 July 1, 1948, to October 31, 1956, 61/2 November 1, 1956, to Decem- ber 31, 1969. 7 After December 31, 1969. Member or employee for congressional em- ployee service: 1/2 August 1,1920, to June 30, 1926. 31/2 July 1, 1926, to June 30, 1942. 5 July 1, 1912, to June 30, 1948. 6 July 1, 1948, to October 31, 1956. 61/2 November 1, 1956, to Decem- ber 31, 1969. 71/2 After December 31, 1969. Member for Member service: 21/2 August 1,1920, to June 30, 1926. 31/2 July 1, 1926, to June 30, 1942. 5 July 1, 1942, to August 1, 1946. 6 August 2, 1946, to October 31, 1956. 71/2 November 1, 1956, to Decem- ber 31, 1969. 8 After December 31, 1969. Notwithstanding the foregoing provisions of this subsection, the deposit with respect to a period of service referred to in section 8332 (b) (6) of this title performed before Janu- ary 1, 1969, shall be an amount equal to 55 percent of a deposit computed in accordance With such provisions.". (b) The amendment made by subsection (a) (1) of this section shall become effective at the beginning of the first applicable pay period beginning after December 31, 1969. SEC. 103. (a) Section 8348 of title 5, United States Code, is amended- (1) by amending subsection (a) to read as follows: "(a) There is a Civil Service Retirement and Disability Fund. The Fund- (1) is appropriated for the payment of- "(A) benefits as provided by this sub- chapter; and "(B) administrative expenses incurred by the Civil Service Commission in placing in effect each annuity adjustment granted un- der section 8340 of this title; and "(2) is made available, subject to such an- nual limitation as the Congress may pre- scribe, for any expenses incurred by the Commission in connection with the admin- istration of this chapter and other retire- ment and annuity statutes."; and (2) by striking out subsections (f) and (g) and inserting in lieu thereof: "(f) Any statute which authorizes- "(1) new or liberalized benefits payable from the Fund, including annuity increases other than under section 8340 of this title; "(2) extension of the coverage of this sub- chapter to new groups of employees; or "(3) increases in pay on which benefits are computed; is deemed to authorize appropriations to the Fund to finance the unfunded liability created by that statute, in 30 equal annual installments with interest computed at the rate used in the then most recent valuation of the Civil Service Retirement System and with the first payment thereof due as of the end of the fiscal year in which each new or liberalized benefit, extension of coverage, or increase in pay'is effective. "(g) At the end of each fiscal year, the Commission shall notify the Secretary of the Treasury of the amount equivalent to (1) interest on the unfunded liability computed for that year at the interest rate used in the then must recent valuation of the System, and (2) that portion of disbursement for an- nuities for that year which the Commission estimates is attributable to credit allowed for military service. Before closing the accounts for each fiscal year, the Secretary shall credit to the Fund, as a Government contribution, out of any money in the Treasury of the United States not otherwise appropriated, the following percentages of such amounts: 10 percent for 1971; 20 percent for 1972; 30 percent for 1973; 40 percent for 1971; 50 per- 'cent for 1975; 60 percent for 1976; 70 per- cent for 1977; 80 percent for 1978; 90 per- H 9163 cent for 1979; and 100 percent for 1980 and for each fiscal year thereafter. The Commis- sion shall report to the President and to the Congress the sums credited to the Fund un- der this subsection.". (b) (1) The provisions of subsection (g) of section 8348 of title 5, United States Code, as contained in the amendment made by subsection (a) (2) of this section, shall become effective at the beginning of the fiscal year which ends on June 30, 1971. (2) Paragraph (1) of this subsection shall not be held, or considered to continue in effect after the enactment of this Act the provisions of section 8348(g) of title 5, United States Code, as in effect immediately prior to such enactment. SEC. 104. Section 1308(c) of title 5, United States Code, is amended by striking out "on a normal cost plus interest basis". SEC. 105. The proviso under the heading "Civil Service Commission" and under the subheading "Payment to Civil Service Re- tirement and Disability Fund" in title I of the Independent Offices Appropriation Act, 1962 (75 Stat. 345; Public Law 87-141), is repealed. TITLE II-CIVIL SERVICE RETIREMENT BENEFITS SEC. 201. (a) Paragraph (4) (A) of sec- tion 8331 of title 5, United States Code, is amended to read as follows: "(A) over any 3 consedutive years of cred- itable service or, in the case of an annuity under subsection (d) or (e) (1) of section 8341 of this title based on service of les& than 3 years, over the total service; or". (b) Subsection (c) of section 8333 of title 5, United States Code, is amended to read as follows: "(c) A Member or his survivor is eligible for an annuity under this subchapter only if the amounts named by section 8334 of title 5 have been deducted or deposited with respect to his last five years of civilian serv- ice, or, in the case of a survivor annuity under section 8341(d) or (e) (1) of this chap- ter, with respect to his total service." SEC. 202. Subsection (g) of section 8334 of title 5, United States Code, is amended- (1) by striking out the word "or" at the end of paragraph (3); (2) by striking Out the period at the end of paragraph (4) and inserting in lieu thereof a semicolon and the word "or"; and (3) by adding the following new paragraph immediately below paragraph (4) : "(5) days of unused sick leave credited under section 8339(m) of this title.". SEC. 203. Section 8339 of title 5, United States Code, is amended- (1) by striking out of subsection (b) the words "so much of his service as a Congres- sional employee and his military service as does not exceed a total of 15 years" and in- serting in lieu thereof "his service as a Con- gressional employee, his military service not exceeding 5 years,"; (2) by amending subsection (c) (2) to read as follows: "(2) his Congressional employee service; (3) by striking out the last full sentence of subsection (f); (4) by striking out "(excluding any in- crease because of retirement under section 8337 of this title)" in subsection (1); and (5) by adding at the end thereof the fol- lowing new subsection: "(m) In computing any annuity under subsections (a)-(d) of this section, the total service of an employee who retires on an im- mediate annuity or dies leaving a survivor or survivors entitled to annuity includes, with- out regard to the limitations imposed by sub- section (e) of this section, the days of un- used sick leave to his credit under a formal leave system, except that these days will not be counted in determining average pay or annuity eligibility under this subchapter.". Approved For Release 2000/09/07 : CIA-RDP711360364R000500170002-3 Approved For Release 2000/09/07 : CIA-RDP71600364R000500170002-3 H 9164 CONGRESSIONAL RECORD ? HOUSE Sec. 204. (a) Subsection (b) of section 8340 of title 5, United States Code, is amend- ed by inserting "1 percent plus" immediately after the word "by". (b) Subsection (e) (2) of such section ia amended to read as follows: "(2) For thepurpose of computing the an- nuity of a child under section 8341(e) of this title that oomsdences on Or after the first day of the lint Month that begins on or after the date of enactment of the Civil Service Retirement Amendments of 1969, the items $900, $1,080, $2,700, and $3,240 ap- pearing in section 8341(e) of this title shall be increased by the total peicent increases allowed and in force under this section on or after such day?and, in ease of a deceased an- nuitant, the items 60 percent and 75 percent appearing in section 8341(e) of this title shall be increased by the total percent allowed and in force to the annuitant under this sec- tion on or after such day." SEc. 205. The provisions of subsection (b) (1), (d)(3). and (g) of section 8341 of title 5, United States Code, also shall apply in the case of any widow or widower? (1) of an employee who died, retired, or was otherwise finally separated before July 18, 1966; (2) who shall have remarried on or after such date; and (3) who, immediately before such remar- riage, was receiving annuity from the Civil Service Retirement and Disability Fund; except that no annuity shall be paid by reason of this section for any period prior to the enactment of this section. No annuity shall be terminated solely by reason of the enactment of this section. Notwithstanding the prohibition contained in the first sen- tence of this section on the payment of an- nutty for any period prior to the enactment of this section, in any case in which the Civil Service Commission determines that? (1) the remarriage of any widow or widower described in such sentence was en- tered into by the widow or widower in good faith and in reliance on erroneous informa- tion provided by Government authority prior to that remarriage that the then existing survivor annuity of the widow or widower would not be terminated because of the re- marriage; and (2) such annuity was terminated by law because of that remarriage; then payment of annuity may be made by reason of this section in such case, beginning as of the effective date of the termination because of the remarriage. Sec. 206. (a) The first sentence of subsec- tion (d) of section. 8341 of title 5, United States Code, is amended to read as follows: "If an employee of Member dies after com- pleting at least 18 months of civilian service, the widow or dependent widower of the em- ployee or Member is entitled to an annuity equal to 55 percent of an annuity computed under section 8339 (a)-(e) and (h) of this title as may apply with respect to the em- ployee or Member, except that in the compu- tation of the annuity under such section, the annuity of the employee or Member shall be at least the smaller of (i) 40 percent of his average pay, or (ii) the sum obtained under such section after increasing his service of the type last performed by the period elapsing between the date of death and the date he would have become 60 years of age." (b) Subsection (e) (1) of such section is amended to read as follows: "(e) (1) If an employee or Member dies after completing at least 18 months of civilian service, or an employee or Member dies after retiring under this subchapter, and is sur- vived by a spouse, each surviving child is entitled to an annuity equal to the smallest of? "(A) 60 percent of the average pay of the employee or Member divided by the number of children; "(B) $900; or "(C) $2,700 divided by the number of chil- dren; subject to section 8340 of this title. If the employee or Member is not survived by a spouse, each surviving child is entitled to an annuity equal to the smallest of? "(i) 75 percent of the average pay of the employee or Member divided by the number of children; "(ii) $1,080; or "(iii) $3,240 divided by the number of children; subject to section 8340 of this title." SEC. 207. (a) The amendments made by sections 201, 202, 203, and 206(a) of this Act shall not apply in the cases of persons re- tired or otherwise separated prior to the date of enactment of this Act, and the rights of such persons and their survivors shall con- tinue in the same manner and to the same extent as if such sections had not been enacted. (b) The amendments made by section 204(a) of this Act to section 8340 of title 5, United States Code, shall apply only to an- nuity increases which become effective un- der such section 8340 after the date of enactment of this Act. (c) (1) The amendment made by section 206(b) of this Act shall become effective on the first day of the first month which begins on or after the date of enactment of this Act. (2) The annuity of each surviving child who, immediately prior to the effective date of such amendment is receiving an annuity under section 8341(e) of title 5, United States Code, or under a comparable provi- sion of any prior law, or who hereafter be- comes entitled to receive annuity under the Act of May 29, 1930, as amended from and after February 28, 1948, shall be recomputed effective on such date, or computed from commencing date if later, in accordance with such amendment. No increase allowed and in force prior to such date shall be included in the computation or recomputa- tion of any such annuity. This paragraph shall not operate to reduce any annuity. Mr. DANIELS of New Jersey (during the reading). Mr. Speaker,-I ask unani- mous consent that the further reading of the Senate amendment be dispensed with and that it be printed in the RECORD. The SPEAKER. Without objection, it is so ordered. There was no objection. The SPEAKER. Is there objection to the request of the gentleman from New Jersey (Mr. DANIELS) ? Mr. GROSS. Mr. Speaker, reserving the right to object, and I do so in order that we may have an explanation of the action of the other body with respect to this legislation and to ask a few questions of the gentleman from New Jersey. Particularly, Mr. Speaker, I would like to know what additional benefits the other body put into this bill and whether the costs of the additional benefits are covered? Mr. DANIELS of New Jersey. Mr. Speaker, will the gentleman yield? Mr. GROSS. I yield to the gentleman. Mr. DANIELS of New Jersey. I shall be happy to explain. The Senate amended the House bill, HR. 9825, by striking all language fol- lowing the enacting clause and inserting the language of S. 2754, as amended. The Senate amendment retains all of the provisions of the House-passed bill, excePt minor technical and perfecting changes. Exclusive of the liberalized sur- vivor provisions and additional funding mechanism added by the Senate amend- October 71 1969 ment, the only substantive change in the House-passed version is with respect to the rate of contribution applicable to Members of Congress. The House version continues the Members' contribution rate at the present 7.5 percent whereas the Senate version raises -it to 8 per- cent?no attempt being made in the Sen- ate to retain the rate of 7.5 percent. The Senate amendment made changes in other respects, as to costs of crediting military service, surviving spouses' bene- fits, and surviving children's benefits. With respect to costs, the total con- tributions will amount to 14 percent, and under the Senate-passed amend- ments the normal costs will come to 13.98 percent, leaving a surplus of 0.02 percent. Under the present cost operating sys- tem, normal costs come to 13.86 percent and, by virtue of the change made by the State, the normal cost will be reduced by 0.22 percent so that the new normal cost of present benefits comes to 13.64 percent. However, the House provisions would add thirteen one-hundredths of 1 per- cent and, by virtue of the liberalized benefits added by the Senate, which amount to twenty-one one-hundredths of 1 percent, we arrive at a total new normal cost of 13.98 percent of payroll, which is 0.01 percent under the House- Passed bill. The Senate amendment to title I pro- vides that the cost of crediting military service be financed by annual transfers from the Treasury, out of money not otherwise appropriated, to the retire- ment fund in the same manner as it is proposed to finance the interest on the existing unfunded liability. Ten percent of such costs would begin to be paid starting in 1971, increasing by an addi- tional 10 percent each year until, in 1980 and thereafter, the total costs would be funded by direct transfer. These pay- ments would begin at about $10 million, rise proportionately over the next 20 years, and peak at approximately $300 million. Thereafter, these costs will gradually decline to a relatively negli- gible amount since military service Performed after 1956 will, generally,- be creditable under the social security sys- tem. By so funding, the normal cost of the benefit structure of the civil service retirement system will be reduced by 0.22 percent of payroll, reducing present normal cost from 13.86 percent to 13.64 percent. It will also result in reducing the system's unfunded liability by $4.7 billion, - Under existing law an employee who retires on disability?after completing at least 5 years of service?is guaranteed a minimum benefit of the smaller of (A) 40 percent of the average salary or (B the rate obtained under the general for- mula after increasing the actual service by the time remaining between the date of disability retirement and the attain- ment of age 60, if either (A) or (B) pro- duces a greater rate than is earned by virtue of his 'actual service. However, the law stipulates that such guaranteed rate is payable only to the disabled em- ployee, and is not applicable in determin- ing his spouse's survivor rate. Her bene- fit is 55 percent of only his earned rate. Approved For Release 2000/09/07 : CIA-RDP71600364R000500170002-3 Approved For Release 2000/09/07 .? CIA-RDP71600364R000500170002-3 Octobefr-7, 1969 CONGRESSIONAL RECORD HOUSE 119165 The Senate amendment removes the lat- ter restriction, and extends to the sur- viving spouse an annuity based upon the higher guaranteed minimum benefit, where applicable. Under existing law the spouse and chil- dren of an employee have survivor pro- tection only in the event of his death after completing at least 5 years' of serv- ice, The Senate amendment would pro- vide such protection upon the employ- ee's death occurring after a total of 18 months of service similar to the mini- mum coverage requirement of the social security system. The amendment extends to the sur- viving children of such short-term de- cedents the same dollar benefits pro- vided to children of over-5-years em- ployees. However, its greatest effect is with respect to the spouse's benefit. It grants to the eligible spouse the same computation formula extended to the spouse of a disability retiree; that is, her rate would be computed on the basis of 55 percent a a guaranteed minimum disability benefit, if it exceeds the basic earned annuity. In other words, the basic rate would be determined as though the employee had retired on disability as of the date of his death in active service. Present law grants basic survivor annuity benefits to eligible children of the smallest of: First, $50 per month per child, second, $150 per month divided by the number of children, or third, 40 percent of the employee's average salary. Orphaned children's basic rates are, re- spectively: First, $60 per month per child, second, $180 per month divided by the number of children, or third, 50 percent of the average salary;whichever is smallest. These basic rates are subject to all automatic cost-of-living adjust- ments occurring since 1965. Generally, the current maximum monthly rates are $61 and $183 for children with one parent, and $72 and $216 for orphans. The Senate amendment proposes a fresh start principle by increasing the respective children's basic amounts of $50, $150, and 40 percent to $75, $225, and 60 percent, and orphan's basic amounts of $60, $180, and 50 percent re- spectively to $90, $270, and 75 percent. In application the present actual average rates of $61 and $183 would be increased to $75 and $225; the present actual aver- age rates of $72 and $216 would be in- creased to $90 and $270; and these new basic rate ? would be further increased by the percentage of all future cost-of- living increases. Mr. GROSS. Mr. Speaker, I thank the gentleman for his explanation and say to Members of the House that I am still opposed to some provisions of this bill, but if I read the signs correctly?and I believe I do?there is no point in going to conference with it. / accept the fate of having been de- feated on this issue when the measure was originally before the House. I said then, as I now reiterate, that this legis- lation had the original worthy purpose of bringing order out of chaos in the funding of the Government employees retirement fund, but was then converted into a Christmas tree with goodies for almost everyone. Let me repeat my belief that it would be futile to attempt to overturn in a conference the action of the House and Senate. However, I still strongly oppose enactment of this legislation in its pres- ent form. Mr. Speaker, I withdraw my reserva- tion of objection. The SPEAKER. Is there objection to the request of the gentleman from New Jersey? Mr. DERWINSKI. Mr. Speaker, reserv- ing the right to object. The gentleman from New Jersey has made an explana- tion, but like my distinguished colleague, the gentleman from Iowa, I recognize the facts of life and feel that there is no further point in debating this bill except merely to clarify some things for the Members. Does the gentleman have any idea as to what cost will now be attributed to the high 3-year-service feature, cal- culated as to the impact on immediate retirement of many people in the service? Does the gentleman have any figures to show the possibilities in that ar,pa? - Mr. DANIELS of New Jersey. I under- stand a number of people will be retir- ing shortly after enactment of the bill, if that be the will of the President. I have received many, many inquiries from Members as to the status of this bill, both after the House passed it and while ac- tion was pending thereon in the Senate, and since last week when the Senate passed this bill. I believe there will be a considerable number who will retire. This bill will save, perhaps, the administra- tion some embarrassment of firing peo- ple to cut back defense spending. Be- cause by people retiring, it will also open the doors for many young people to come into the Government service, and for younger employees to move up the ladder. Mr. DER,WINSKI. It is not my pur- pose to go into unnecessary speculation about the acts of this administration unless we in Congress exercise some leadership in this bureaucracy in doing away with many of the programs we have started. But like the gentleman from Iowa, I feel that the Senate version is an improvement on the bill passed in the House. I think the gentleman from New Jersey is correct in recom- mending that we accept the Senate ver- sion. Mr. Speaker, now that the Senate has worked its will on the civil service retire- ment bill, H.R. 9825, and it is obviously moving toward enactment, I would be de- linquent if I did not make some observa- tions which I feel are pertinent at this point. I first want to commend our distin- guished colleagues in the other body for improving in two instances a bill which I did not favor as it passed the House. One improvement is the increase from 71/2 percent to 8 percent of the retire- ment deduction rate for Members of Congress. Fairness dictates that if we insist that all other Federal employees pay an additional ,one-half percent into the retirement fund that Members of Congress should do the same. I also admire the Senate action in amending the bill so that costs attribut- able to the crediting of military service be financed annually by the same method as the financing of interest on the un- funded liability of the retirement fund. It was, after all, the idea of Congress to permit credit for military service and so the cost should not be charged to the fund as a whole, as it has in the past, but should be covered by annual pay- ments by the Government. I must, however, restate my strong dis- agreement with the provision remaining in the bill which permits retirement serv- ice credit for the calendar value of un- used sick leave. This is a departure from the basic concept that has governed the use of sick leave since its inception in the Federal system. The basis for sick leave under our system is to insure against the loss of income during periods of illness. All employees have the same right to draw upon sick leave if neces- sary, but nothing is owed the employee who enjoys good health and does not have to draw upon his reserve. This sick leave provision, as it becomes law, will discriminate against the employee who happened to be burdened with illness. Mr. Speaker, I withdraw my reserva- tion of objection. The SPEAKER. Is there objection to the request of the gentleman from New Jersey? Mr. MICHEL. Mr. Speaker, further re- serving the right to object, did I cor- rectly understand the gentleman to say that under the bill about to be accepted, if it is, that our contribution as Members of Congress to the retirement fund will be increased from 71/2 percent to 8 per- cent? Mr. DANIELS of New Jersey. Mr. Speaker, will the gentleman yield? Mr. MICHEL. I yield to the gentleman from New Jersey. Mr. DANIELS of New Jersey. Your un- derstanding is correct. Our contribution will be increased from 71/2 percent to 8 percent, with the Government contribut- ing a similar sum into the retirement fund. Mr. MICHEL. Further reserving the right to object, I should like to make the observation that some of the newspapers at home carry front-page accounts about how we are raising our salary again, raising our annuities. I have been op- posed, frankly, to liberalizing that 5-year high base to 3 years. Personally, I do not like to see the increase from 71/2 per- cent to 8 percent. I am grateful for what I may get someday and I do not think it ought to be increased. The thought oc- curs to me that our late senior Senator, who died a few weeks ago, was a Member of this body and a Member of the other body since 1932, except for 2 years. Over that vast expanse of years he contributed to this retirement fund. In that particu- lar kind of case, the Senator contributed into the fund for 37 years and died with- out realizing an annuity. Now his widow qualifies, as I understand the system, for a 55-percent survivorship of what the Senator earned, but if she is in the twi- light of her years, she may never realize in benefits anywhere near the amount her husband had contributed to the fund. There is provision, I believe, for the bal- ance of premiums paid in to go to one's estate, but that is it. Approved For Release 2000/09/07 : CIA-RDP71600364R000500170002-3 Approved For Release 2000/09/07 : CIA-RDP711300364R000500170002-3 H 9166 CONGRESSIONAL RECORD HOUSE OctobefrT, 1969 Certainly it is not any real bonanza. when one considers the amount of the contributions over some 32 years. Have there been any studies made of the number of senior Members of this body and the other body who die after contributing over a period of 20 or 30 or 40 years to this program and never fully realize what they paid for in their '71/2 or now 8 percent of salary deductions? Mr. DANIELS of New Jersey. Mr. Speaker, will the gentleman yield? Mr. MItaiiiie I yield to the gentle- man from New Jersey. Mr. DANIELS of New Jersey. Mr. Chairman, I agree with the gentleman from Illinois. There is no real bonanza for the Members of Congress. Our subcommittee did not go into the particular subject matter the gentleman has discussed, but I understand another subcommittee did go into this matter in considering the retirement benefits for the civil employees of the Foreign Service. I am not familiar with what that study showed, but I fully agree with the gentleman, that there are no "bundles for Congress" in this bill, regardless of what the news media says. Mr. MICHEL. Mr. Speaker, I am happy to hear the gentleman's response to that question. Mr. HAYS. Mr. Speaker, will the gen- tleman yield? Mr. MICHEL. I yield to the gentleman from Ohio (Mr. HAYS). Mr. HAYS. Mr. Speaker, I chaired the subcommittee that went into this mat- ter. As I said before, during the debate on this bill earlier, this fund for Mem- bers of Congress, if it were separated out and stood alone, would show it has ac- cumulated a bonanza for the Govern- ment, in spite of the fact that when it was passed everybody was blanketed in without any prior contributions or with- out having to go back and pay for prior years of service, and in spite of the fact that for about half the time or more of the time, the Government did not put its share of contributions in. I do not recall the figure off the top of my head at this moment, but I think it was approximately $12 million or $16 million more which was paid in than has ever been paid out?and that in spite of the fact the Government -did not make its contribution and in spite of the fact the people who were here in 1946, when it was passed, and who had been here for 20 or 30 or 40 years were blanketed in. So there has not been really any steal from the taxpayers at all. Mr. MICHEL. I thank the gentleman. Mr. Speaker, I withdraw my reserva- tion of objection. Mr. HOGAN. Mr. Speaker, I am very pleased to have been a cosponsor of this legislation which will resolve the financial crisis facing the retirement fund today. At the same time we are fulfilling an ob- ligation long overdue our civil servants by committing the Government to main- taining the integrity of the civil service retirement fund and insuring that there will always be enough money in the fund to permit payment of all benefits?in full and on time?to all past, present, and future Federal employees. I urge the Members of this body to give our Government workers one more vote of confidence by unanimously ac- cepting the Senate amendments to H.R. 9225, permitting prompt transmittal of this measure to the President for his signature into law, a Moment long awaited by civil service employees of the Fifth District of Maryland. The SPEAKER. Is there objection to the request of the gentleman from New Jersey? There Was no objection. The Senate amendment was concurred in. A motion to reconsider was laid on the table. GENERAL LEAVE TO EXTEND Mr. DANIELS of New Jersey. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to extend their remarks on HR. 9825. The SPEAKER. Is there objection to the request of the gentleman from New Jersey? There was no objection. RESIGNATION AS MEMBER OF NA- TIONAL COMMISSION ON REFORM OF FEDERAL CRIMINAL LAWS The SPEAKER laid before the House the following communication, which was read: OCTOBER 1, 1909. Hon. JOHN W. MCCORMACK, Speaker of the House of Representatives, The Capitol. DEAR M. SPEAKER: It is with regret that that I respectfully submit my resignation as a member of the National Commission on Reform of Federal Criminal Laws. As you know, Mr, Speaker, I do not plan to run for reelection to Congress and I think it appro- priate that I be replaced at this time by an- other Member of the House of Representa- tives. I enjoyed my service on the National Com- mission on Reform of Federal Criminal Laws with its distinguished Chairman, The Hon- orable Edmund G. Brown. Sincerely, DON EDWARDS, Member of Congress. APPOINTMENT AS MEMBER OF NATIONAL COMMISSION ON RE- FORM OF FEDERAL CRIMINAL LAWS The SPEAKER. Pursuant to the pro- visions of section 2(a) , Public Law 89- 801, the Chair appoints as a member of the National Commission on Reform of Federal Criminal Laws the gentleman from Illinois, Mr. MIKVA, to fill the exist- ing vacancy thereon. PERSONAL ANNOUNCEMENT Mr. DULSKI. Mr. Speaker, I was ab- sent from the House session on Monday, October 6, because of a death in our family in Buffalo, N.Y. Had I been present and voting, I would have voted "yea" on rollcalls Nos. 203, 204, and 205. On rollcall 202, I would have voted "nay." ANTI-INFLATION CAMPAIGN (Mr. O'HARA asked, and was given perniission to address the House for 1 minute and to revise and extend his remarks.) Mr. O'HARA. Mr. Speaker, on June 2. I read into the RECORD a newspaper ar- ticle describing how the Advertising Council, an offshoot of the U.S. Chamber of Commerce, was hoping to launch an anti-inflation campaign to "condition the collective mind so that when some- thing Is done, they will know it to be in their best interests." The quote is from an official of the Advertising Council. Well, this administration has been doing its best to fight inflation. And yes- terday, the Bureau of Labor Statistics of the U.S. Depart/malt of Labor an- nounced that unemployment had risen to its highest level in 2 years. The in- crease?equal to one-half of 1 percent of the entire labor force?was the biggest monthly increase since the last time the Republicans were in office. We are told by the Washington Post: Some administration economists, most notably Assistant Treasury Secretary Murray L. Weidenbaum, viewed the increase in job- lessness as evidence the Government's anti- Inflation program is beginning to take hold. Mr. Speaker, I do not think the people of this country have yet had their col- lective mind conditioned by the adver- tising council to the point where they are going to accept the administration's view that a little unemployment is good for you. Prices continue to rise. The President opposes tax relief for the middle- income taxpayer, but supports more tax relief for those who already have most of the loopholes. The Federal Reserve Board continues with its policies of in- creasing the prices the banks can charge us to use our money. Taken as a whole. Mr. Speaker, one can only agree with the Assistant Secre- tary of the Treasury. The administra- tion's anti-inflation fight has indeed begun to "take hold." It has begun to reduce full employ- ment so that business can keep labor in line through fear of unemployment. It has begun to generate public pressure against domestic programs which might improve the position of those most in need. And it has done so without holding down prices and profits for the natural supporters of the Republican Party. Mr. Speaker, I have a modest pro- posal. If increased unemployment is go- ing to be sold to us es an anti-inflation measure, may I suggest that the unem- ployment start with the guy who thought up that argument? RAILS, RULES, AND RUIN AT FORT ROBINSON (Mr. ADAMS asked and was given permission to address the House for 1 minute, to revise and extend his remarks and include extraneous matter.) Mr. ADAMS. Mr. Speaker, the prob- lem of inadequate rail service for pas- sengers was the subject of a special order last month and over 90 Members .have joined with me in sponsoring a bill to authorize the Interstate Com- merce Commission to require adequate standards of service on the Nation's passenger trains. This is a proposed so- lution to part of the whole problem of Approved For Release 2000/09/07 : CIA-RDP71600364R000500170002-3