CIVIL SERVICE RETIREMENT FINANCING AND BENEFITS

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July 23, 1969
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July 23, 1969 Approved FoCONGRESSIONAL RECORD-HOUSE 8000500160004-2 "(d) Section 1902 of the Social Security Mr. Speaker, section 1903 (e) has been Act is amended by adding at the end thereof of concern to many States in considering the following new subsection: '(d) Whenever any State desires a modi whether or not they should establish a fication of the State plan for medical assist- medical assistance program. There has ance so as to reduce the scope or extent of been some question since this provision the care and services provided as medical as- was enacted as to just what it requires sistance under such plan, or to terminate any of the States. of such care and services, the Secretary shall, `The amendment adopted by the Sen- upon application of the State, approve any r ate provides an opportunity for the Con- such modification if the Governor of suol gress to further consider the type of re- tifi t th t th t t e Secre ary o a - Sta e cer es " '(1) the average quarterly amount ,f non-Federal funds expended in provi ng medical assistance under the plan for ny consecutive four-quarter period after/the quarter in which such modification tak s ef- fect will not be less than the average uar- terly amount of such funds expended i pro- viding such assistance for the four -q aster period which immediately precedes the quar- ter in which such modification is to b come '(2) the State is fully complying with the provisions of its State plan (relatin to control of utilization and costs of servi es) which are included therein pursuant to e formula for determining payments for those types of care or services which, after such modification, are provided under the State plan, and if the Secretary finds that the State is complying with the provisions of its State plan referred to in clause (2); except that nothing in this subsection shall be con- strued to authorize any modification in the State plan of any State which would termi- nate the care or services required to be in- cluded pursuant to subsection (a) (13). Any increase in the formula or other standard for determining payments for those types of care or services which, after such modifica- tion, are provided under the State plan shall be made only after approval thereof by the Secretary.'" quirement of this nature which should be in the law and if necessary to modify the requirement, to take into account the experiences that have been gained so far under the medical assistance program. The second Senate amendment re- lates to section 1902(c) of the Social Security Act. This amendment is more in the nature of a clarification of ori- ginal Congressional intent than a modi- fication of the provisions of the section. Section 1920(c) of the law states that the Secretary of Health, Education, and Welfare shall not approve a State pro- gram for medical assistance if he deter- mines that the plan will result in a re- duction in aid or assistance provided for public assistance rec'igicnts than were provided prior to that tim~.in the form of medical vendor payments fo y cash assistance recipients. This was n the H62103 XIX in the form of section 1902(d) which would require that whenever a State desires to reduce the scope or ex-. tent of care and services provided under its medical assistance plan, such modi- fication must be obtained on the basis of an application submitted by the Gov- ernor of the State and approved by the Secretary of Health, Education, and Welfare. In such cases, the Governor of the State would be required to certify with respect to three important matters. First, he would have to certify that the amount of funds expended in pro- viding medical assistance from State and local sources in the year after such mod- ification takes effect is not less than the amount of such funds expended in the year prior to the quarter in which such modification is to become effective. Second, the Governor of such State must certify that the State is fully complying with the provisions of its State plan relating to control of utiliza- tion and costs of services. The Secretary of Health, Education, and Welfare would also be required to make a specific find- ing that the State is complying with its plan requirements concerning utilization and costs. Third, the Governor must certify that the modification is not made for the purpose of increasing the standards for determining payment to doctors, nursing homes and other providers of services under the State plan. Provision is made in the amendment, however, that if there is a demonstrated need to increase the intention of section 1902(e). As spe ed formula or standard for determining out in the 1965 House and Senate corn=' payments under a State plan after a mittee -reports on this legislation, the in- modification has been adopted in the tention of this section of the law was to Skate's plan, such increases may be pro- cash vi d but they shall be made only after prohibit the States from reducin g The SPEAKER. Is there objection to payments to public assistance recipients the proval of the Secretary of Health, the request of the gentleman from Ar- at the time they adopted their title XIX Educ ion, and Welfare has been ob- nd tiny, funds Mr. BYRNES of Wisconsin. Mr. ` "" "' far medical care. Mr. Baker, these three amendments Speaker, reserving the right to object, I This intention was clearly stated in are very pertinent to the concern of Con- do not intend to continue the objection the following language from the House gress ove the sharp and unanticipated except for the purpose of asking the gen- increases in the cost of operating the Report on the 1965 amendments: tleman from Arkansas to make an ex- medicaid program. They do not con- planation of the Senate amendment, and In addition, the Secretary, is directed not stitute a 4etrenchment in the medicaid then be able to answer any inquiries that to approve any State plan for medical as- other en beat able to answer House inquiries have . sistance if he finds that the approval and program, ut they will allow the States th operation of the plan will result in a reduc- great free om in determining the dimen- with respect to the amendment to the tion in the level of aid or assistance provided sions of Sheir own programs in the, light legislation, and I yield to the gentleman for eligible individuals under title I, IV, X, of thei own individual needs and from Arkansas. XIV, or XVI. An exception is provided allow- resoure s. Mr. MILLS. I thank the gentleman for ing States to reduce such aid to the extent The amendments were adopted on that assistan n id d . . d _ yi ce ow prov e n er titles lding 5833 as it passes the House were not recommends the inclusion or this provision ea er met with some opposition in the changed in any way. The Senate is to make certain that States do not divert ate and had held up action on the amended the bill by adding three amend- funds from the provision of basic mainte- e bill for a number of days. The third ments to title XIX of the Social Security nance to the provision of medical care. amendment which was added to the bill Act which provides grants to the States the Secretary should find that his apps al after it was reported out of the Finance for medical assistance programs. of a title XIX plan would result in. re- Committee, however, along with a mod- The first of these amendments would duction of aid or assistance for pery6ns re- ification of the amendment to section suspend the application of section assistg basic maintenance under cfie public 190~3(e) gained complete support for the 1903(e) of the act which requires the (except eas specified titles of the above) Social al tl$6 Security not ap- Act entire set of amendments from those States to have in operation comprehen- ti prove such a plan under title e X IX. Your Senators who had opposed the amend- sive medical assistance programs by committee recognizes the fieed and urgency ments as they had been reported. July 1, 1975. Under the Senate amend- for States to maintain,, if not improve, the I urge that the House accept the Sen- ment, this provision would be suspended level of , basic maintenance provided for ate amendments. in application until July 1, 1971. This needy people under the public assistance Mr. BURTON of California. Mr. means that the States would not be re- programs. The provision is intended to pre- Speaker, will the gentleman yield? quired to take any action pursuant to the from basis vent baymaintenance e t to medical of care. funds Mr. BYRNES of Wisconsin. I yield to requirements of section 1903(e) prior to that time. In addition, the Senate The amendment adopted by the Sen- Mrthe. gentleman BURTON from of f Califor Calif rnia amendment would postpone the date ate clearly spells out this intention in . M Speaker, I had intended to reserve my y when the comprehensive care require- section 1902(c) of the act. right to object, so I could make a few ment would finally apply from July 1, The third amendment adopted by the points with reference to the pending 1975, until July 1, 1977. Senate would add a new provision to title matter, but I will accept the time yielded Approved For Release 2001/11/01: CIA-RDP71B00364R000500160604-2 H'M Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 CONGRESSIONAL RECORD- HOUSE Jjdy 23, 1969 to me by the gentleman from Wisconsin to achieve the same objective. Title XIX, when enacted, provided a meaningful hope for the American people that comprehensive medical, care would someday soon become reality. Also of importance, it provided a mechanism to obtain meaningful data for all of us to weigh when we consider to who extent we should move ahead to pro a com- prehensive medical care under 41C social security mechanism. I must respectfully completely dis- agree with the view of our vcfr distin- scond amendment relating to section 1902(c). The amendment before us will not be a clarification of the original in- tent of Congress with respect to the States being required to maintain not only their level of cash benefits, but, more importantly in the health field, the level of health services provided to pub- lic assistance recipients. The fact of the matter is that when title XIX was approved there was the dual requirement on the States to main- tain effort both on.the cash aside as well as on the health side to public assistance recipients. The modification proposedby the Sen- Ian to be terms of the health care that we require the States to provide in order to receive Federal funding under title XX. Its sig- nificance is not so much toda as it will become If we are ever to reach the trig- gering date of 1975 wherein Otate plans were supposed to be comer pensive In terms of providing health services. So we have here two nterrela.ted amendments. I do not like, ibut under- stand, the background tha4 led up to for 2 years, from 1975 to the States further time to ling a delay 977, to give ;amply with that there care and to a rollcall, believe the realities of the situation are that this is reasonably well considered, but none- theless clearly a step backward in terms of our meeting the national objective to provide comprehensive medical care to the American people. I would hope that we will not find our- selves in future sessions agreeing to fur- ther retrenchment and relaxation of the objectives to provide comprehensive medical care for the rican people, at least through the in hanism pro- vided under title XIX, by 1977. I thank the distinguishid gentleman from Wisconsin for yielding this portion of his time to me. Mr. BYRNES of Wisconsin. Mr. Speak- er, I withdraw my reservation. The SPEAKER. Is there objection to the request of the gentleman from Ar- karisas? There was no objection. The Senate amendment was concurred in. A motion to reconsider was laid on the table. CIVIL SERVICE RETIREMENT FINANCING AND BENEFITS Mr. DELANEY. Mr. Speaker, by di- rection of the Committee, on Rules, I call up House Resolution 380 and ask for its immediate consideration. The Clerk read the resolution, as fol- lows: H. Has. 380 Resolved, That upon the adoption of this resolution it shall be in order to move that the House resolve itself into the Committee of the Whole House on the State of the Union for the consideration of the bill (H.R. 9325) to amend subchapter II of chapter 83 of title 5, United States Code, relating to civil service retirement, end for other purposes, and all points of order against section 103 of said bill are hereby waived. After general debate, which ! shall be con- fined to the bill and shall continue not to exceed two hours, to be equally divided and controlled by the chairman and ranking mi- nority member of the Committee on Post Office and Civil Service, the bill shall be read for amendment under the live-minute rule. At the conclusion of the consideration of the bill for amendment, the Committee shall rise and report the bill to the House with such amendments as may have been adopted, and the previous question shall be considered as ordered on the ljill and amend- ments thereto to final passa a without in- tervening motion except one: motion to re- commit. The SPEAKER. The gentleman from New York is recognized for i hour. Mr. DELANEY. Mr. Speaker, I yield 30 minutes to the gentleman from Ohio (Mr. LATTA), pending which I yield my- self such time as I may consume. Mr. Speaker, the purpose of this bill is to save the civil service retirement fund. If it were to drift the way it has been going, by 1975 the outgo would ex- ceed the income, This legislation is long overdue. The rule provides the waiving of points of order on section 103, an open rule with 2 hours of general debate. The purpose of the bill is to improve the financing and funding practices of the civil service retirement system so as to maintain Its soundness and to assure that the necessary moneys are available when needed to pay the annuities of our Government retirees and survivors' an- nuities in the full amount. It is also the purpose of this legislation to provide certain limited but needed improvements in the benefit structures of the system within the. limits of the new financing approach. The waiver of points of order, of course, is a restriction of the power to report appropriations. There are two sections which I will refer to of this bill. The first section is on page 5 of H.R. 9825, beginning on line d, where it is stated that the civil service retirement and disability fund is appropriated for the payment of benefits and administra- tive expenses and is made available sub- ject to the annual limitation by the Congress for the expenses incurred in connection with the administration of the retirement and armbity statutes. Then further on, on page 6, beginning at line 17, a new subsection of section 8348 requires the Secretary of the Treasury to credit annually the civil service retire- ment and disability fund i s a Govern- ment contribution in an amount of money equal to a specific percentage of the amount of interest on the unfunded liability of the fund. It is clear, therefore, that this waiver is necessary on section 103 so that the heart of the bill not be destroyed by a point of order. Mr. Speaker, a greet deal of study has been put into the revision of this retirement fund. It has been put off year after year until new we are down to a point where we are near a crisis. The bill has been covered in the com- mittee hearings and will be covered on all points during debate. It is long over- due, and I urge adoption of this rule so that we can get to the consideration of the bill. Mr. HALL. Mr, Speaker, will the gen- tleman yield? Mr. DELANEY. I am glad to yield to the gentleman from Missouri. Mr. HALL. Did I understand the gen- tleman to state in his preliminary re- marks that the waiver of points of order also applied to section 102? Mr. DELANEY. No. Section 103. Mr. HALL. I thank the gentleman for that clarification. I obviously misunder- stood him. I listened with unusual at- tention to his subsequent explanation of the waiver of points of order pertaining to section 103. 1 disapprove heartily of a waiver of points of order even under such a circumstance. I think the indi- vidually elected Members should not be precluded from their elected responsi- bilties by even the distinguished Com- mittee on Rules waiving such points of order, but in line with the new policy of the Committee on Rules wherein the distinguished gentleman from New York has explained on a line-by-line basis everything within the bill applicable thereto, I, for one, wish to state that I appreciate this method- I recognize the inevitable in House Resolution 380, and compliment the gentleman. Mr. Speaker, I appreciate the gentle- man yielding to me. Mr. DELANEY. I thank the gentleman. I yield back the balance of my time. Mr. LATTA. Mr. Speaker, I yield my- self such time as I may consume. (Mr. LATTA asked and was given permission to revise and extend his remarks.) Mr. LATTA. Mr. Speaker, the main purpose of the bill is to increase the cur- rent funding provisions of the retire- ment system to assure that the neces- sary money will be available to pay bene- ficiaries. The bill also improves some of the benefits now existing. The retirement fund is in trouble un- less something is done. While Federal employees have fully met their share of the cost, the Government has not met its obligations. By the end of the fiscal year the deficiency of the fund will amount to about $57,700,000,000 in un- funded future obligations. By 1975, as fund disbursements exceed income paid In annually, a serious problem will arise. It is estimated that by 1987 the current $20,500,000,000 fund will be exhausted. To forestall such a result, the unfunded liability, resulting from the Govern- ment's arrears in making payments to the fund must be reduced and finally eliminated. Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 My 723, 196-Approved For FB1$ Ii b"nkb$ A1L: O -MI j7'l.B The bill will increase the. employee- everybody-especially the Members of employer contribution from 61/2 percent Congress. each to 7 percent. Congressional em- I.propose to make a further statement ployees will have their contribution rate under general debate, but I would like at increased to 71/2 percent, the same as this point to read a letter which I re- Members. These increases become ef- ceived this morning from the Executive fective in January 1970. Office of the President, Bureau of the The existing unfunded liability is to Budget: be eliminated over a 30-year period by DEAR MR. GRoss: This is in response to -payment of annual installments by the your letter of July 15, 1969, in which you Government. Permanent appropriating asked whether the Bureau of the Budget authority language is contained in, the would recommend to the President that he bill. Beginning in 1971 payments will approve H.R. 9825 if it were enacted in its begin from the Treasury to reduce the current form. Title I of H.R. 9825 would pro- unfunded liability now existing and the vide for full funding of the Civil Service interest thereon. The committee believes retirement system and Title II would provide this system of payments will insure a a number of benefit liberalizations. In our letter of March 16, 1969, to the sound, healthy' retirement system for Chairman of the House Post Office and Civil civil service employees. Service Committee, we stated that "retire- Title II of the bill improves several of went legislation enacted this year should be the, benefits now available, These are confined to improving the financing and more than covered by the increase in 'funding of the retirement system...... In contributions, addition, in our report of July 10 to the First, the current formula for arriving Chairman of the Senate Post Office and Civil Service Committee, we stated that enactment at a retiree's annuity is modified. Now, it of the liberalizations contained in Title II is based on a high 5-year average. This would not be consistent with the Adminis- has caused some to remain on the job tration's objectives and that the Congress longer than they should. The new base should limit its action this year to enactment period will be a high 3=year average. of the Title I financing provisions. For, congressional employees the 15- We believe the Administration's position year period upon which to apply the year on H.R. 9825 is clear. Thus, in view of the average rate te is removed, legislative history, the Bureau of the Budget average is leave is recompensed by 2 would have to seriously consider recommend- Increasing the total actual work service 998 to the President that he disapprove its 825 if it were passed by the Congress in its credited to an employee by the length of current form. service represented by the calendar value Sincerely, of his unused sick leave. One calendar month will be added for each 22 days of unused leave. ROBERT P. MAYO, Director. We believe the Administration's position for annuitants is increased by adding 1 an H.R. 9825 is clear. Thus, in view of the percent to all such future. increases. legislative history, the Bureau of the Budget It is estimated that the 1-pereent in- would have to seriously consider recommend- crease in contributions will increase ing to the President that he disapprove fund income to $220,000,000 per year, H.R. 9825 if it were passed by the Congress which covers both normal costs and the in its current form. benefits increased by the bill. It is also Mr. Speaker, I propose at the proper estimated that by 1980 the amount to be time to offer an amendment to strike transferred by the Treasury to the fund title II from the bill. In that event I can to cover the interest on the unfunded -support it. I am not opposed to the rule liability will be about $2,700,000,000 an- for, as I said previously, we do some- nually. This figure is to be reached in 10- thing about the chaotic condition of the percent increments during the 1970's retirement fund, but that does not mean until full annual funding is achieved in that to accomplish that end it is neces- 1.980. sary for us to stage another unwar- The administration supports the bill. ranted raid on the Federal Treasury. A waiver of points of order is needed Mr. Speaker, I yield back the balance for two sections of the bill as in two of my time. places appropriation language is pro- Mr. LATTA. Mr. Speaker, I yield 5 vided for the Government-funding pro- minutes to the gentleman from Nebraska visions. These occurs on page 5, lines 18 (Mr. MARTIN). to 22, and page 6, lines 17 to 25, and page 7 lines 1 to 7 Both of these sec- (Mr. MARTIN asked and was given , . Members of Congress and the answer, as tions violate rule XXI, clause 4, which permission to revise and extend his re- I recall it, was that the 71/2 percent cur- prohibits appropriation language to be in marks.) r end Ii 6205 in the following ways:_ 1. Gross earnings, rather than basic pay, would be used in determining retirement benefits and deductions. 2. Average salary for annuity computation purposes would be determined on the basis of 3 rather than 5 years. 3. Unused sick leave would be added to the actual length of service in computing annuities. 4. An extra 1 percent would be added to each annuity increase resulting from changes In the Consumer Price Index. And I quote further: In summary, if the bill is amended to de- lete those financing provisions which we con- sider unnecessary and to delete the liberal- izing amendments proposed in title II, we strongly urge enactment of H.R. 770. Now, Mr. Speaker, I would like to quote from the letter to the chairman of the committee from the Executive Office of the President, Bureau of the Budget, written by Mr. Wilfred H. Rommel: Title II of H.R. 770- And that H.R. 770 was the original bill sent down to the Department- Title II of H.R. 770 would provide a num- ber of liberalizations primarily designed to enhance the value of annuities earned by long-service employees. In the aggregate, they would have the effect of increasing the unfunded liability by more than $3.7 billion. We believe It would be incongruous to in- clude in a bill designed to halt the growth of the unfunded liability of the retirement system, provisions which would of them- selves increase the existing unfunded lia- bility by more than 6 percent. And I quote further: Therefore, we recommend that the liberal- izations contained In title II be deleted. Mr. Speaker, the Congress has set a limitation an expenditures for the fiscal year 1970 by the executive branch of the Government and here we are in legislation proposing today under title II to increase further the cost of the operation of our Federal Government. Title II will probably pass the Con- gress today, but it seems to me the height of irresponsibility to propose setting this fund up on a fiscally sound basis, and then on the other-hand in title II to eliminate the good that is be- ing done by the provisions of title I. I would like to direct a question to the chairman of the committee, the gentle- man from New York (Mr. DULSKI). In the Rules Committee hearing I asked the question whether there would be any changes in the retirement for ' I -- approve ' of Mr. DULSKI. That is correct. Mr. Speaker, I yield 3 minutes to the sections. - Title - I of the bill - gentleman from Iowa (Mr. GROSS). heartily, because it would result in fiscal Mr. MARTIN. The bill last year in- (Mr. GROSS asked and was given responsibility in the operation of our creased that one-half of 1 percent-but permission to revise and extend his Civil Service Retirement System and put this remains the same? -remarks.) it on a sound basis, but on the other Mr. DULSKI. That is correct. Mr. GROSS. Mr. Speaker, I doubt that hand title II offsets the benefits derived Mr. MARTIN. Let me ask one other there is a Member of Congress, either in from title I of the legislation, because it question of the chairman of the com- the House or the other body, who does increases the liability under its provi- mittee. not want to do ;something about the cha- sions to the tune of $3.7 billion. In reducing the basis for retirement otic condition of the Government em- Mr. Speaker, I would like to quote from from the high 5 years to 3 years, would -ployees' retirement fund, but what has the report on page 28 in a letter from this apply to the retirement of Members happened is that this bill, has been con- the U.S. . Civil Service Commis- of Congress as well as civil service em- verted into a Christmas tree with a lot of sion, written by Mr. Robert E. Hamp- ployees? tinsel and ornaments-something for ton, and I quote from that letter: Mr. DULSKI. Yes, it would. Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 H 6206 Approved For ii91 f't : $7 4 OOO5OOl60004 ul;y 23, 1969,,. Mr. MARTIN. It would apply to Mein- A motion to reconsider was laid on the study and consideration by the House bers of Congress as well? table. Subcommittee on Retirement, Insurance, Mr. DULSKI. Yes, it would. Mr. DULSKI. Mr. Speaker, I move that and Health Benefits in conducting ex- Mr. MARTIN, Mr. Speaker, I am also the House resolve itself into the Com- tensive public hearings, executive ses- opposed to that, because it increases mittee of the Whole House on the State sions, and conferences wi;h official repre- benefits without any increase in the of the Union for the consideration of the sentatives of agencies oi the legislative amount paid in. bill (H.R. 9825) to amend subchapter III and executive branches: namely, the Mr. DANIELS of New Jersey. Mr. of chapter 83 of title 5, United States Honorable Robert E. Hampton, the pres- Speaker, will the gentleman yield? Code, relating to civil service retirement, ent Chairman of the U.S. Civil Service Mr. MARTIN. I am glad to yield to and for other purposes. Commission; the Honorable John W. the gentleman from New Jersey. The SPEAKER. The question is on the Macy, J., the former Chairman of the Mr. DANIELS of New Jersey. The gen- motion offered by the gentleman from U.S. Civil Service Commission; the Hon- tleman made a statement referring to New York. orable Philip S. Hughes, Deputy Director the report of the Bureau of the Budget IN THE COMMITTEE OF THE WHOLE of the Bureau of the Budget; the Honor- in which he stated that the bill would Accordingly the House resolved itself eral able of the Elmer B. United Staats, States, Gen- add over $3 billion to the unfunded lia- into the Committee of the Whole House , and others. bility. on the State of the Union for the con- This three-pronged rmancing ap- I believe that report had reference to sideration of the bill H.R. 9825, with Mr. preach-dealing with normal cost, fu- the bill, H.R. 770, which was the bill I McFALL in the chair. ture unfunded liabilities, and the present originally introduced on the opening day The Clerk read the title of the bill. unfunded liability-contains the recom- of this Congress. Do you know there is By unanimous consent, the first read- m dations, ns, the unanimous recornmen- a substantial difference in one important ing of the bill was dispensed with. dhowsof the honorable gentlemen feature of H.R. 770 and the bill, H.R. The CHAIRMAN. Under the rule, the whose names I just mentioned. Also, I 9825, the bill presently under discussion? gentleman from New York (Mr. DULSKI) think the Members of this House should Do you not know that the bill, H.R. will be recognized for 1 hour, and the know that this bill was cosponsored by 9825, does not, include provisions as in- gentleman from Pennsylvania (Mr. Coe- 25 Members, 24 of whom serve on the eluded in the bill, H.R. 770, relating to BETT) will be recognized for 1 hour. Committee on Post Office and Civil Serv- the inclusion of overtime, premium and The Chair recognizes the gentleman ice; that an identical bill, H.R. 10219, differential pay of employees as basic from New York, has been cosponsored by 14 other Mem- pay for retirement purposes? Because Mr. DULSKI. Mr. Chairman, I yield bers, several of whom previously served that particular provision would cost over myself such time as I may ;consume. on the committee; and that all of the $21/2 billion, in the judgment of our com- ylr. Chairman, before yielding to the members of the Subcommittee on In- r. we deleted that and it is not in- chairman of the Retirement,Subcommit- dependent Offices Appropriations co- eluded in the bill, H.R. 9825, the bill we tee, the gentleman from Net Jersey (Mr. sponsored a bill embodying the basic are presently considering. DANIELS), I will say that the bill before financing proposals contained therein, Mr. MARTIN. I would like to ask the us is a special tribute to Min and every H.R. 8608. It is worthy of note, also, gentleman why he did not- member of his subcommittee, as well as that H.R. 9825 was reported favorably Mr. DANIELS of New Jersey. If I may the fine bipartisan support ;given by the by the Subcommittee on Retirement, have the gentleman's attention, I will minority side of the committee. Insurance, and Health Benefits and the tell you exactly what the increase- This landmark legislation has been full Committee on Post Office and Civil Mr. MARTIN. I will not yield further carefully worked out through diligent Service without a dissenting vote. Of to the gentleman to make a speech. He and unceasing effort over a period of 2 further significance is the fact that Sen- can do that on his own time. years. It has been developed, refined, and ate bill S. 2326, which is identical to this chair- Mr. DANIELS of New Jersey. I am go- tested through hearings, conferences, and man of legislation, the and Senate introduced by Committee the on Post ing to make a speech later. executive deliberations that were among Mr. MARTIN. I would like to ask the the most intensive in the history of our Office and Civil Service, Senator MCGEE, gentleman a question: Why were not the committee. was the subject of public hearings by departments downtown requested to give H.R. 9825 achieves a delicate, yet ideal, the Senate Retirement Subcommittee on their opinions on the bill which we have balance-a balance that should not be July 10 and 11. before us instead of the bill which you disturbed-in coupling together long- Therefore, H.R. 9825 is the product of introduced last January, and why were overdue retirement financing and a very the common effort of the officials of the t of not their letters included in this report? moderate updating of the benefit strut- the Budget, Service the General the Accounting Mr. DANIELS of New Jersey. Repre- ture-the first major benefit changes in the dg, thhe mene Re- sentatives of the departments appeared 13 years. Office, and by the members whose the devoted before the committee. Mr. Chairman, I urge my colleagues to tirement Subcommittee whose devoted Mr. MARTIN. That does not answer attention and energies have been di- my question. Why did You not have let- give this excellent bill the overwhelming rected to a most involved and complex approval it so richly deserves. subject. ters from the departments that would I yield 15 minutes to the gentleman This body demonstrated its concern pertain to the legislation we have before from New Jersey (Mr. DANIELS), the for the financial integrity of the civil us instead of some other bill that was chairman of the subcommittee. reported out by your committee? service retirement pro?-^;ram in the last not The CHAIRMAN. The gentleman from Congress by passing a similar measure, Mr: DANIELS of New Jersey, This Is a New Jersey is recognized for 15 minutes. H.R. 17682. While the bill was passed on clean bill, sir. (Mr. DANIELS of New Jersey asked October 1, 1968, unfortunately, time did Mr. MARTIN. This does not look like and was given permission to revise and not permit the Senate to act thereon. a very clean bill to me. The committee extend his remarks.) i want to publicly commend the mem- has the responsibility to write a report Mr. DANIELS of New Jersey. Mr. bers of the subcommittee, our ranking and include letters from the proper Chairman, I rise to urge my colleagues majority and minority members-the bureaus which accurately reflect their on both sides of the aisle, Democrats gentleman from Nortsi Carolina, Con- thinking on the bill before us. I note that and Republicans, to give their strong gressman HENDERSON, and the gentleman the two letters from which I quoted, were support to the legislation before you to- from Virginia, Congressman ScoTT-and 19, written last March although the letter day, H.R. 9825, the major purpose of the chairman and ranking minority from the Bureau o of f the Budget shows which is to improve the financing and member of the full committee, Congress- March 19, 1968. funding practices of the civil service re- men DULSKI and CORBETT, for their tire- I yield back the balance of my time. tirement system, and to provide certain less efforts and contributions toward the Mr. DELANEY. Mr. Speaker, I have limited, but needed, improvements in the development of a good and sound piece no further requests for time. benefits structure of the pystem within of legislation, H.R. 9825. Mr. Speaker, I move the previous ques- the framework of the new financing ap- The Committee on Post Office and Civil tion on the resolution. proach. Service believes that the civil service re- The previous question as ordered. It is a good bill, a sound bill, and The tirement system is one of its most im- The resolution was agreed to. product of many months of intense work, portant responsibilities, It is an essential Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 1@11000500160004-2 1969 Approved For-6t1?MJ44j -part of a modern employment system ddesigned to attract and retain employees of the caliber to conduct the complex 'business of government. It clontributes importantly to the financial security of millions of past, present, and future Fed- eral employees and their dependents. There should never exist the slightest doubt of the system's ability to meet its commitments to these people. The results of an in-depth study con- ducted by our standing Subcommittee on Retirement, Insurance, and Health Bene- fits over an extended period of time most assuredly attest to the fact that any doubt which exists as to the system's ability to meet future commitments is attributable to funding practices which have been grossly inadequate since the program's very inception in 1920. Federal employees have always con- tributed the full amount set by law. While the Government has contributed substantial amounts to the trust fund, it has failed to appropriate regularly and systematically, on a concurrent basis, sufficient funds to meet the ultimate cost not covered. by employees' contributions. Retirement system financing has been a problem of continuing concern to the Congress, to its respective committees, and to officials of the executive branch. The history of actuarial reports has indi- cated successively for a long time past an increasingly pessimistic view with 'respect to actuarial costs and liabilities under the escalating benefits and other liberalizations in the specifics of the retirement programs. In past years, several methods for determining appro- priations to meet the Government's obli- gation to the system have been consid- ered, and some have been adopted. How- ever, the attitudes of various administra- tions, Congresses, and respective con- gressional committees has changed from time to time, but facing the problem realistically has been long delayed. At the end of the fiscal year 1969 the unfunded liability of the system ap- proached $57.7 billion. Full implementa- tion of the 1967 salary statute in the fiscal year 1970, beginning this month, Is expected to increase that deficiency to $61.1 billion. Under present financing practices, the unfunded liability will con- tinue to grow by more than $2 billion every year, sometimes much more. By 1975 the disbursements will begin to ex- ceed annual income of $3.8 billion. There- after disbursements will continue to esca- late appreciably under a relatively static income, and result in a declining fund balance. Consequently, to meet benefit payments, all disbursements in excess of current income will have to be met from the fund balance. Without additional funding, that balance will be totally exhausted by 1987. Immediately there- after, disbursements will exceed income by $3'/Z billion, and will require direct appropriations to meet benefit payments. During ensuing years, progressively higher amounts would be required un- til, at the turn of the century, the neces- sary direct appropriations will approach $5 billion. These substantial sums, it is emphasized, will be an addition to the approximate $3?/a billion income received by the trust funds from then active em- ployee and agency contributions. The historical pattern of employee- employer contributions to the retirement fund supports the conclusion that de- ficiencies-that is, accrued liability for which contributions, to the fund have not been made-are the responsibility of the Government as the employer. The major causes of such deficiencies have been: First. Creditable service for which neither the employee nor the employer contributed-such as free credit for mili- tary service, and for Federal civilian service during which the employee was not currently subject to the program. Second. General wage increases which result in benefits based on a higher pat- tern of salaries than that upon which at least a portion of contributions is based. Third. Liberalizations applying to benefits based on past and/or future service without a commensurate increase in contributions. Fourth. Loss of compounded interest income which would have been earned if the. accrued liability had been fully funded. The Committee on Post Office and Civil Service feels strongly that,. in fur- therance of theh objective of prudent management of the Government's finan- cial affairs, it is important that Con- gress provide a definite plan to improve the system's financing. The major purpose of the legislation is to improve funding practices so as to maintain confidence in the soundness of the Civil Service Retirement and Dis- ability fund, and to assure that the nec- essary money is available when needed to pay the annuities of Federal retirees and survivor annuitants-in full and on time. The legislation also provides cer- tain limited, but needed, improvements in the benefit structure of the program within the limits of the new financing approach. The bill contains a three-pronged ap- proach, as follows: 'First. Normal cost financing through equal employee-agency contributions is retained. Because of the inadequacy of current contributions, implementation of normal cost financing of the existing benefit structure-including the legisla- tion contained in title II-requires an immediate 1-percent increase in the combined contribution rate from 13 to 14 percent of payroll, in the case of em- ployees, and from 13 to 15 percent of payroll in the case of congressional em- ployees, effective in January 1970. Second. The costs of future incremen- tal unfunded liabilities which will result from benefit liberalizations for the active work force are to be fully financed by the Government through direct appropria- tions to the fund, in equal annual in- stallments, over 30-year periods. Third. Direct appropriations, under .,permanent indefinite authority, will be made to meet the Government's obliga- tion for the presently increasing un- funded liability which arises from legis- lation already enacted, including that created in title II of this legislation, in amounts equivalent to interest on the future accrued deficiencies. This respon- sibility will be fulfilled by transfers of moneys from the Treasury, beginning on a modest scale in 1971 and progressively increasing by 10 percent each subsequent 116207 year. In 1980 and thereafter, the amounts will equal the full equivalent of interest on the unfunded liability. In the committee's judgment, this ap- proach, while somewhat new in concept and mechanics, is sound and will ac- complish the desired results by provid- ing in full for the permanent financing of the civil service retirement system. The legislation also provides for these limited improvements and remedies in certain areas of the benefit structure of the retirement. program: First, Annuities, of employees and Members would, be computed upon the average of the 3 highest years of earn- ings, in lieu of the existing provision of computing benefits upon the 5 high years of average pay. Second. The 15-year limitation im- posed under the congressional employee computation formula would be remedied by removal of such limitation. Third. A new provision would be in- corporated into the program to include for service computation purposes the value of unused sick leave to the credit of an employee upon death in or retire- ment from Federal employment; thus, allowing credit of one additional month of service for each 22 days of accrued sick leave in computing his annuity, or that of his surviving spouse. Fourth. An additional 1 percent would be added to future cost-of-living adjust- ments payable to retirees and survivor- annuitants, so as to compensate for the 5-month waiting period which elapses between the Consumer Price Index at- taining a rise of 3 percent and the even- tual belated payment of the annuity in- crease. Fifth. The remarriage provisions of present law with respect to the surviving spouses of the active work force would be extended to any surviving spouse whose remarriage occurs on or after July 18, 1966, the date that existing law was so amended. Mr. Speaker, these minimal changes provided by title II of this legislation are attainable within the framework of the increased normal cost and incremental financing provisions of title I of the bill. The normal cost of present benefits, 13.86 percent of payroll, would be increased by thirteen one-hundredths of 1 percent, to 13.99 percent of payroll. The combined agency-employee contributions of 14 per- cent required by title I will not only cover those present benefits which are under- financed by eighty-six one-hundredths of 1 percent, but the thirteen one-hun- dredths of 1 percent of those normal cost items provided herein, The additional unfunded liability incurred by all of title II will be stabilized by the payment of interest thereon, under the permanent- indefinite appropriations authority pro- vided in title I. Mr. Speaker, the magnitude of the problem of retirement financing is such that it is imperative that Congress take action toward a prompt and positive solution. While the budgetary impact of this legislation will be sudden and sharp, it will, nevertheless, be far less drastic than if present financing practices con- tinue unchanged. In view of the urgency to enact a defi- nite program of action to insure the sys- Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 H 6208 Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 CONGRESSIONAL RECORD -HOUSE July 23, 1969. tern's ability to fulfill its future obli- gations, I strongly urge the adoption of H.R. 9825, without amendment. Mr. CORBETT. Mr. Chairman, I yield myself such time as I may consume. (Mr. CORBETT asked and was given permission to revise and extend his re- marks.) Mr. CORBETT. Mr. Chairman, this is not only a good bill but, title I of the bill is an absolute must. Mr. Chairman, if we do not properly finance this retirement program, we as a Congress are going to be in serious trouble come 1975 when the payments out of the fund are expected to exceed payments into the fund. And, by approx- imately 1987 the fund could be without any reserves whatsoever. So, I simply be- lieve that there is no argument possible regarding title I. We simply have to pay the bill. We have ordered the meal and have consumed it. Now the check has come. As a matter of fact, in approximate figures, we estimate that every day that this bill is not enacted into law is cost- ing the fund $500,000-$500,000 a day. Therefore, it becomes increasingly clear that we have to have this part of the bill. Now, then, regarding title II, there are those who raise some sincere objections to it. To these objections we can only say that if we are going to charge our employees one-half of 1 percent more of their salaries, they are entitled to any benefits for which their money pays. Now, then. very definitely the amount of money which will be coming into the fund, new money, will more than offset the cost of the additional benefits that are provided for in the bill. As the gen- tleman from New Jersey (Mr. DANIELS) pointed out, the most costly benefit that might have been included was stricken from the proposal. Consequently, this bill provides for an actuarially sound program and should, as the gentleman says, be adopted without amendment. I think it only fair to say also that if title II is continued in this bill with- out change, I propose and shall offer a recommittal motion to require that the Members pay 8 percent instead of their present 71/z percent. I noticed on the news sheet being cir- culated in the cloak room yesterday that the business of the House today was to liberalize employee's and congressional pensions. This is absolutely misleading. This bill is primarily to properly fund the retirement program, and only very incidentally to improve the ultimate an- nuities. Consequently, I join in congratu- lating the members of this subcommittee for the fine job they have done, and I join with most of them, if not all, in urging that the bill be passed as it came from committee. It is complicated and in- volved, and in the event that we start mixing up certain phases of it we are apt to get the whole thing out of balance. So, Mr. Chairman, with that admoni- tion to the House that we pass this bill, I will conclude my remarks. (Mr. CORBETT asked and was given permission to revise and extend his remarks.) Mr. CORBETT. Mr. Chairman, at this time I yield 15 minutes to the ranking minority member of the subcommittee, the gentleman from Virginia (Mr. SCOTT), who worked on this bill with the Congressman from New Jersey (Mr. DANIELS). (Mr. SCOTT asked and was given per- mission to revise and extend his remarks.) Mr. HALL. Mr. Chairman, I make the point of order that a quorum is not pres- ent. The CHAIRMAN, Evidently a quorum is not present. The Clerk will call the roll. The Clerk called the toll, and the following Members failed to answer to their names: [Roll No. 1171 Adams Hanna Ottinger Anderson, Hansen, Idaho Patman Tenn. Hansen, Wash. Powell Ashley Harsha Preyer, N.C. Baring Hastings Price, Ill. Belcher Hawkins Purcell Biaggi Hebert Randall Boland Henderson Reid, N.Y. Brock Horton Riegle Brooks Howard Baylor Brown, Ohio Joelson Sebelius Broyhill, Va. Kastenmeier Sisk Carey Kirwan Staggers Clark Landrum Stanton Clay Lipscomb Stephens Conte Long, La. Stratton Culver McCarthy 5raylor Daniel, Va. McCiory Teague, Calif. Davis, Ga. MacGregor !Teague, Tex. Diggs Mann Thompson, N.J. Evins, Tenn. Mayne !Udall Feighan Mollohan Weicker Flynt Moorhead Widnall Fountain Murphy, N.Y. Wilson, Bob Frey O'Konski Winn Fuqua O'Neal, Ga. Wolff Coldwater O'Neill, Mass. Wydler Accordingly the Committee rose; and the Speaker having resumed the chair, Mr. McFALL, Chairman of the Commit- tee of the Whole House on the State of the Union, reported that that Commit- tee, having had under consideration the bill H.R. 98825, and finding itself without a quorum, he had directed the roll to be called, when 352 Members responded to their names, a quorum, and he submitted herewith the names of the absentees to be spread upon the Journal. The Committee resumed'its sitting. The CHAIRMAN. At the time of the quorum call, the gentleman from Vir- ginia (Mr. SCOTT) had been recognized for 15 minutes. (Mr. SCOTT asked and was given per- mission to revise and extend his remarks.) Mr. SCOTT. Mr. Chairman, I rise in support of H.R. 9825. In my opinion, it is a much better bill than that approved by the House last year. In this bill, the Congress retains control over the set- ting of contributions to the civil service retirement fund by both the Government and the employee. Under the measure 'we approved last year, this function would have been transferred to the Civil Service Commission. This seems to me to be a legitimate legislative function of the Congress and one that should not be transferred and I feel the bill is strength- ened by the elimination of h' provision. The primary purpose of: the bill is to stabilize the civil service retirement fund. The distinguished chairman of the sub- committee has already explained in de- tail the way in which the financing pro- visions will work. But I do want to en- dorse what he has said and to assure the Members that title I of the bill will vastly improve our retirement system and assure that the necessary money is available when needed to pay -the an- nuities of the Government's retirees and survivor annuitants. Let me add, how- ever, that this bill will not eliminate the present unfunded liability in the civil service retirement fund. As I understand, if all liabilities should suddenly become payable at one time, the Government would be obligated to pay $78.3 billion; but, of course, not all Government em- ployees could retire at the same time and demand complete payment of all obliga- tions on the same day. Their right to re- tire does not accrue in this manner. There is a balance of approximately $20.6 billion in the retirement fund and an unfunded obligation of $57.7 billion. Perhaps we should emphasize that this unfunded deficit is $57.7 billion. What this bill does do is to tend to stabilize the unfunded liability by providing for pay- ment of interest on the deficit in an in- creasing percentage over a, period of years, as shown in table B on pages 10 and 11 of the committee report, so that by fiscal year 1980 the Government will be paying 100 percent of the interest on this deficit. I might mention, however, that this table is not entirely accurate in that it was prepared in connection with last year's bill rather than the cur- rent one. Interest alone at that time and each year thereafter will be $2,690 million which, of course, is a sizable amount even for the Government to pay, but the consequence of bankruptcy of the fund and payment to Government employees out of direct appropriations each year is so undesirable that, in my opinion, we must stabilize the retirement fund in the interest of both the Govern- ment and the employees. In an informal conversation with a Civil Service Commission official knowl- edgeable in this field, he indicated that if the Government would appropriate the entire $57.7 -billion represented by the unfunded liability, there would not be any immediate need for the appropri- ated funds, but the funds would be placed in interest-bearing obligations of the Government. In other words, the un- funded liability is presently an obligation of the Government upon which the in- terest would be paid in full annually be- ginning in 1980, and the same situation would exist if this money were appro- priated. This is brought to the attention of the Committee so that no one will be- lieve the passage of this bill will elimi- nate the unfunded liability of $57.7 billion. I think the Members should also be aware of two provisions in the bill which were the subject of some controversy during committee consideration. One provision will permit retirement service credit to be allowed for the calendar value of unused sick leave of Federal employees. Under this provision, an em- ployee who meets the age and service requirements for immediate retirement will be able to add to his years of service Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 10y 23, 1969 Approved Forele~~~a~/~1RP71jq8R000500160004-2 H6209 1 calendar month for each 22 days of time when salaries are increasing, this I do not think we can find greater au- sick leave for the purpose of computing will, of course, result in higher axunui- thority than that for the efficacy and his annuity. This sick leave would not, ties.. However, employees will have 7 per- worthwhileness of this bill'. however, be counted in determining cent deducted from their salaries for re- The three steps-in combination- average pay or in attaining eligibility tirement purposes rather than 61/2 per- that I have mentioned provide sound for retirement. cent; congressional employees and Mem- and permanent financing of this impor- As is pointed out in the committee re- bers will have 71/2 percent, all matched tant program, cover the full cost of all port and in the supplemental views, this with an equal Government contribution. future changes in the program; ease is a departure from the historic philoso- Our committee has been assured by the their budgetary impact; control growth phy of the sick leave system. But the Civil Service Commission that these con- of the deficiencies; keep the fund sol- committee believed that the provision tributions will be sufficient to cover the vent, and at the same time avoiding ex- was justified and would be beneficial to benefits received by the employees. You cessive buildup of the balance before the Federal service. ' may be interested in reading the discus- the money is actually needed, and re- Another provision of the bill relates to sion of this matter on page 12 of the store confidence in the program's ability the computation of retirement annui- report. to make benefits available promptly and ties for congressional employees. These The chairman of our subcommittee has in full. employees are defined in section 2107 of been very fair in permitting all points Such remedy is full and complete. title 5, United States Code, as follows: of view to be presented. We have adopted Mr. GROSS. Mr. Chairman, will the First, an employee of either House of a number of amendments to the meas-,gentleman yield? Congress, of a committee of either House, ure as originally introduced and as Mr. CELLER. I yield to the gentleman or of a joint committee of the two passed the House last year. In my opin- from Iowa. Houses; ion, we have a much better bill. I hope Mr. GROSS. Did the gentleman say Second, an elected officer of either the Committee will see fit to act favOr- that the Executive supports this bill? House who is not a Member of Congress; ably on the bill. Mr. CELLER. I did not hear the gen- Third, the Legislative Counsel of either Mr. DULSKI. Mr. Chairman, I yield tleman. House and an employee of his office; 5 minutes to the dean of the House of Mr. GROSS. Did the gentleman say Fourth, a member of the Capitol Po- Representatives, the gentleman from that the executive branch of the Gov- lice; New York (Mr. CELLER). ernment supports this bill? Fifth, an employee of a Member of (Mr. CELLER asked and was given Mr. CELLER. I took the words that Congress if the pay of the employee is permission to revise and extend his re- I just read from the report itself. If the paid by the Secretary of the Senate or marks.) gentleman has any opinion to the con- the Clerk of the House of Representa- Mr. CELLER. Mr. Chairman and Mem- trary, it might be well to let the House tives; bers of the Committee, I am pleased to know that there are contrary views on Sixth, the Architect of the Capitol and rise in strong support of the legislation that subject. an employee of the Architect of the Cap- before this House today and of our col- Mr. GROSS. I would say to the gen- itol; and leagues on the Committee on Post Of- -tleman that I have already let the House Seventh, an employee of the Botanic face, and Civil Service and particularly know, but for the gentleman's informa- Garden. the members of the Subcommittee on Re- tiori, the executive branch does not sup- Presently, congressional employees tirement, Insurance, and Health Benefits. port title II of this bill. have their annuities computed by multi- Mr. Chairman, the thrust of the bill Mr. CELLER. I heard the gentleman's plying the average pay times 21/2 percent primarily is to protect the retirement remarks. I usually have great respect for times so much of their congressional, fund. This fund to my mind is a sacred his remarks, but I do not think the state- military, or Member service as does not trust. It must be protected from any and ment he read before is unconditional. It exceed 15 years. Any service above 15 all factors that might in the slightest de- was in futura. The gentleman does not .years is computed at the rate of 2 per- gree militate against its integrity. know exactly whether the Bureau of the cent. The amendments in this bill would We must keep the faith-the faith to Budget will or will not finally approve eliminate the '15-year ceiling for com- the thousands of Federal employees who this legislation. The assistant who wrote putation at the higher percentage and years after faithful toil retire from their that letter himself is not sure as to what would also limit the years of creditable labors and enter into the deserved age of action the Bureau of the Budget would military service to 5 years. This provision slippered ease and comfort. All em- take. will bring congressional employees on ployees look anxiously to this period of Mr. GROSS. Mr. Speaker, will the gen- a par with Members of Congress in these leisure. How frightening to them it would tleman yield further? respects. However, it would also increase be if they had any doubts about the re- Mr. CELLER. Yes, I yield to the gen- their contribution to the retirement fund tirement fund which we are under ob- tleman from Iowa. from 61/2 to 71/2 percent, with the Gov- ligation to protect. They would remain Mr. GROSS. The letter was signed by ernment matching this contribution. The in fear constantly if there were the slight- the Director of the Bureau of the Budget, increase in contribution should more est danger of impairment of that fund. Mr. Mayo, not an assistant. than offset the cost of the enlarged ben- We must keep that fund impervious Mr. CELLER. That may very well be, efits as pointed out on page 19 of the to all dangers. The fund, unfortunately, but it might be also that enlightenment committee report. is now in danger and we must address will strike between now and the passage . Mr. Chairman, the various provisions ourselves forthwith to erase that danger. of the bill and the time the President of thi9 bill have been thoroughly dis- I am not going to go into all of the may have an opportunity to sign it, and cussed in both the subcommittee and the ramifications and convolutions of the fi- I doubt very much, sir, whether the Pres- full committee. We have not been unani- nancial aspects of this problem, particu- ident will take upon himself the grave mous in our feelings toward all of the larly with reference to title I. responsibility of vetoing a bill of this provisions: However, in my opinion, it is Suffice to say that there is involved character. The President will think many a good bill, one long desired by Govern- herein a solution to the difficulties. The times over before he would follow the ment employees and one that should relief is through a three-faceted fund- Bureau of the Budget in advice to veto eliminate their concern for the continued ing program that first, increases em- a bill of this nature. worsening conditions of the retirement ployee-employer contributions from 61/2 Mr. SCOTT. Mr. Chairman, will the fund. Passage will assure them that nec- to 7 percent of payroll to cover normal gentleman yield? essary funds will be available when costs; second, provides payment of all Mr. CELLER. I yield to the gentleman needed to pay all obligations of the fund, future increases in the unfunded liability; from Virginia. Let me add one more thing: concern and third, provides for the stabilization Mr. SCOTT. I appreciate the gentle- has been expressed by several Members 'of existing unfunded liability. man yielding. Since he is the dean of the of the House because title II of the bill This funding approach, as I under- House, I wonder if. he could recall back provides that annuities will be computed stand, is fully endorsed by the Bureau over the years whether, during the time on the basis of the highest 3 years of of the Budget, the Civil Service Commis- the gentleman has been in Congress, the average earnings of Government em- sion, the General Accounting Office and executive branch has not usually had ployees rather than the highest 5 years the House Independent Appropriations some objection from a monetary point of under existing law. During it period of Subcommittee. view to improvements or liberalizations Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 A 6210 CONGRESSIONAL RECORD -HOUSE July 23, 1969 in the Government employees retirement fund. Mr. CELLER. As I very quickly search my own memory, I do not recall any such. incident where the Chief Executive took upon himself such a responsibility. I doubt very much whether the President of the United States would deign-and I use the world "deign" advisedly-to veto a bill of this character that seeks, in the main, to put the fiscal house with reference to the retirement fund in order. I cannot conceive how the President would do such a thing. The President is too shrewd, too conversant with the po- litical repercussions of his actions to veto this bill. Reference has been made to title II. I will say that perhaps there may be some objections to some of the forms involved in title II. You cannot get a perfect bill, gentlemen. In my long experience, I do not know whether we have ever had a perfect bill. Even the diamond has its flaws. Our experience always tells us that worthwhile legislation is always the re- sult of compromise, and I take it that within the confines of this committee the intelligence of the members thereof has dictated some sort of compromise, so they have given us the best of their endeavors. I think we must have great confidence in the members of this committee, and if we would try to subvert and upset the labors of the committees of the House, we would get nowhere. We have neither the ex- pertise nor the opportunity to learn all there is to be known about a given sub- ject. In a word, the members of the com- mittee must know everything about something, but we outside the committee must content ourselves to know some- thing, be it ever so little, about every- thing. So I cannot offer myself as an expert against the experts of this committee. I, therefore, hope this bill, a very salutary bill which requires attention of a very extreme nature; namely, the stabilizing of this fund, will pass-and pass over- whelmingly. Mr. SCOTT. Mr. Chairman, I yield 10 minutes to the gentleman from Iowa (Mr. GROSS). (Mr. GROSS asked and was given per- mission to revise and extend his remarks.) Mr. GROSS. Mr. Chairman, I sin- cerely want to support the main purpose of this legislation, which is to save the Federal employees' retirement fund from disaster and complete bankruptcy. But, I take vigorous exception to several pro- visions in the bill. This measure is brought to the floor of the House under the guise of legisla- tion needed to refinance the retirement fund. However, included in this bill is title II which grants over $1 billion in retirement liberalizations. The admin- istration opposes the provisions con- tained in title II because of the increased cost and has served notice as I stated earlier today that it will give serious consideration to a veto if those provisions remain in the legislation. I shall offer an amendment to strike out title II of the bill which provides the following liberalizations: First, sick leave credit for retirement purposes; second, a 1-percent cost-of-living adjustment for retired employees; third, an Increase in survivor annuities; fourth, computation of retirement based upon the high 3-year average salary. Another provision to which I take serious exception is the language of the bill, exempting the liberalizations it pro- vides from the financing provisions of title I which provide that such liberaliza- tions in the future shall be financed by equal annual appropriation installments over a 30-year period. Believe it or not, the added liberaliza- tions, or the liberalizations in this bill are not included in the unfunded liabili- ties which this bill seeks to correct. I will offer an amendment to make any retirement liberalizations effective after July 1, 1969, as well as the retire- ment cost of the pay increase which be- came effective earlier this month sub- ject to the 30-year financing provisions of title I. There is another financing provision in this bill which provides that the Gov- ernment shall assume responsibility for present retirement fund deficiencies by payment of interest on the unfunded li- ability created by past legislation which now amounts to over $60 billion. It should be pointed out that the Sec- retary of the Treasury was not invited to submit his views with respect to this section of the bill. It seems to me that where the Treasury Department is called upon to credit the retirement fund with tremendous Government payments be- ginning in fiscal year 1971 and each year thereafter, the Secretary of the Treas- ury should have been afforded an op- portunity to submit his views in person. In case anyone believes this is a minor matter, I call attention to the fact that this provision requires the Treasury De- partment to credit the retirement fund with $230 million in fiscal year 1971, which will gradually increase each fiscal year thereafter until fiscal year 1980. From that year on an amount of $2.69 billion annually will be required, merely to pay the interest on the unfunded li- ability to keep the fund at the same level. This bill originated last year when it took the form of a Johnson administra- tion recommendation containing only the financing provisions which are in title I of H.R. 9825. Thereafter, the bill was amended and the retirement liberalizations were added by the Post Office and Civil Service Conr- mittee, which are now in title II. That bill passed the House of Representa- tives last year on October 1, 1968, but the Senate did not consider it The former administration and this administration both opposed the liber- alizations contained in title II. But, in order to get favorable action on this leg- islation, I strongly suspect the former administration was willing to accept the provisions of title U. However, there is no assurance that the President this year will approve the legislation in its pres- ent form, for the administration has opposed the enactment of title II in this bill. As I stated earlier, the amendment which I shall offer is to make the pro- visions of the bill consistent by fully complying with the financing sections to prevent the retirement fund from ab- solute depletion. I believe this amend- ment is necessary if we are to approve sensible legislation today. Mr. DANIELS of New Jersey. Mr. Chairman, I yield 5 minutes to the gen- tleman from Montana (Mr. OLSEN). (Mr. OLSEN asked and was given per- mission to revise and extend his re- marks.) Mr. OLSEN. Mr. Chairman, I rise in support of H.R. 9825. The testimony presented to the Sub- committee on Retirement, Insurance, and Health Benefits most assuredly at- tests to the fact that it is of the utmost urgency that we in the Congress ad- dress ourselves, promptly and positively, to this alarming situation. It is the re- sp3nsib1lity of the Congress to insure th?t the civil service retirement fund will have-the ability to fulfill the Gov- ernment's obligation to its present and future retirees, and to their families. I would Invite the attention of this House to the "Statement of Operating Receipts and Disbursements from the Retirement Fund from 1920 to 1968," appearing on page 6 of the committee report. You will observe that from the system's inception until the early 1960's, that annual disbursements approxi- mated, on the average, about one-half of the annual income. It will be noted, however, that in the present decade the percentage of dis- bursements has gradually increased in proportion to the income. It will be ob- served that disbursements In past sev- eral years, and during the last fiscal year, are equivalent not to 50 percent-but to more than 60 percent of current income. In the present fiscal year it is estimated that receipts will total about $3.6 bil- lion, whereas disbursements will total $2.3 billion-or 65 percent of current in- come. Under existing funding practices, dis- bursements will continue to gradually exceed this 65 percent of annual income by an additional average of 5 percent each year, and eventually equal total receipts by 1975. Thereafter, outgo will continue to progressively exceed income over the following 12 years, and will be twice as great as income by the year 1987. In order to pay out more than 100 percent of current income during that 12-year period, it would be necessary to spend the entire assets of the retirement fund. Since the entire fund is appropriated for the payment of benefit.,,,, those bene- fits would be paid as long as there is a dollar in that fund. supplemented by whatever comes into it by then-current employee deductions and agency con- tributions, plus interest thereon. The situation that H.R. 9825 proposes to pre- clude is the necessity of relying upon di- rect appropriations of billions of dollars each and every year to meet disburse- ments estimated to exceed $61/2 billion in 1987, and $8 billion by the end of this century. Mr. Chairman, I urge this body's unanimous support of H.R. 9825. Mr. HICKS. Mr. Chairman, will the gentleman yield? Mr. OLSEN. I yield to the gentleman. Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 July 23, 1969 Approved For&M1AJ1 1WJ71 C#R000500160004-2 H 6211 Mr. HICKS. I thank the gentleman for yielding. (Mr. HICKS asked and was given permission to revise and extend his remarks,) Mr. HICK. Mr. Chairman, I am very pleased that the House is considering today the long-delayed legislation to im- prove the financial condition of the civil service retirement fund in an effort to assure that necessary funds will always be available to pay annuity benefits. I am particularly interested in this measure because there are nearly 25,000 Government employees in my district, the Sixth District of Washington State, who have rightly become increasingly apprehensive over the rapidly mounting level of the unfunded liability of the re- tirement fund. This results from the fact that many are just becoming fully cog- nizant of the great amount estimated to be needed to fully finance all benefits due employees and former employees, less money to the credit of the fund and that to be placed in the fund in the future. This amount of potential deficit has doubled since 1961. These employees realize that this trend cannot be al- lowed to continue or the fund balance will ultimately be depleted, possibly as early as 1987. Action. must be taken to forestall this contingency. Judging from the correspondence and inquiries I have received, the workers in my district favor the limited improve- ments in the retirement benefits this legislation would provide and are willing to pay for them with the increased con- tributions required by this bill. Thinking that retirement annuities determined under the high 3 years pro- vided in this bill would be more in line with today's cost of living, many people postponed their retirement when Con- gress began considering this retirement legislation. They have now been waiting nearly 2 years. As I understand H.R. 9825, it provides for adequate funding for this and the other benefits provided in title II. Mr. Chairman, in addition to the Gov- ernment employees in my district, there are thousands of people receiving retire- ment and survivor annuities. The people are having great difficulty keeping abreast with the continual increases in the cost of living. Although the pro- cedure adopted in 1965 for providing cost of living adjustments helped con- siderably in solving this problem, the most recent round of inflation has dem- onstrated an additional gap in this proc- ess. The committee's bill should narrow this gap and provide a mechanism which will keep annuities more nearly in line with prices. In closing, Mr. Chairman, I would like to commend the subcommittee and its chairman, the gentleman from New Jersey, Congressman DomiNicK V. DANIELS, for the excellent job they have done on this legislation. In my own view H.R. 9825 will restore confidence in the retirement system and correct the more glaring problems presently facing the system. Mr. SCOTT. Mr. Chairman, I yield 10 minutes to the gentleman from Illinois (Mr. DERWINSKI). (Mr. DERWINSKI asked and was given permission to revise and extend his remarks.) Mr. DERWINSKI. Mr. Chairman, be- fore addressing myself to the details of this issue, I would first wish to inform the Members who are here hard at work that the National League is leading in the all=star game 8 to 2. If someone thinks that this is quite a departure subject-matterwise from the bill before us, I believe that it is not so at all, since you might note the big league baseball pension fund is in very excellent financial shape, which is not a description that could be applied to the fund of the Fed- eral employees. For that reason, Mr. Chairman, I sup- port title 1 of this bill along with the illustrious members of the subcommit- tee and the full committee who are writ- ing such a fine, impressive, eloquent, and determined history of legislation this afternoon. Mr. Chairman, as I see it, title II of the bill represents a backward step. Having developed at progressive approach in title 1, the committee starts to chip away at it in title II. However, the distinguished gentleman from Iowa and myself are very concerned over this. We intend to aid the majority of the subcommittee and the full committee by helping to correct the innocent little items that have crept into this bill through the vehicle of title II. Once we do it title I will serve its real purpose. If I may have the attention for a moment of the floor manager of the bill, the gentleman from New Jersey (Mr. DANIELS), in an effort to help clarify the record, could the gentleman explain to the House or define for the House the Congressional employees as covered by a provision in title II? Just whom are we covering or for whom are we providing under the term "Congressional em- ployees"? Mr. DANIELS of New Jersey. Any em- ployee of the House or Senate in the employ of the Architect and the Architect. Mr. DERWINSKI. And I presume also the Capitol Police. Mr. DANIELS of New Jersey. They are employees of the House and the Senate. Mr. DERWINSKI. Are any of these em- ployees presently entitled to annual or sick leave or other fringe benefits? Mr. DANIELS of New Jersey. I under- stand and am reliably informed that the employees of the Architect are. Mr. DERWINSKI. What about the Capitol Police? My recollection is they have their own administrative benefits of some sort. Do they not? Mr. DANIELS of New Jersey. I am ad- vised by my chief staff assistant that they are entitled to such benefits also. Mr. DERWINSKI. It would seem to me, then, that we in the House are add- ing a dubious additional fringe benefit for these employees who are presently cov- ered in some form for sick leave and annual leave. I am concerned that there is unneces- sary controversy over this bill basically because of the little goodies that have crept into title II. This is why the gen- tleman from Iowa (Mr. GROSS) and L are trying to be helpful this afternoon in straightening up this bill. If I may refer the Members to a letter that should have reached the office of everyone yesterday, from the chairmen of the full committee and of the sub- committee and ranking minority mem- bers of the full committee and of the Subcommittee on Retirement-and these are all outstanding Members of this body-these gentlemen in their letter stated, and I quote: Because of some earlier confusion and misunderstanding we think it is most im- portant that the record be set straight con- cerning this vital piece of legislation. Then the letter goes on to discuss title I and the provisions to which we evi- dently all subscribe, but it does not really provide any explanation for the so-called confusion and misunderstanding which is contained in title II. And, Mr. Chairman, if I were cynical, I would be led to believe that perhaps it is impossible to clarify the misunder- standing and confusion which is con- tained in title II of the bill, because this letter from the four distinguished Mem- bers never really did it. I wonder if we would not solve this whole problem by accepting the amend- ment to be offered by the gentleman from Iowa to strike title II and then send it over to the other body and thereby avoid this confusion and misunderstand- ing. Mr. Chairman, I should like to point out that there is a provision contained in the bill that the amendment to be offered by the gentleman from Iowa (Mr. Gxoss) to strike title U would cor- rect, but if it does not prevail, I have an amendment to strike the provision for credit for unused sick leave. The reason for this amendment is that I am greatly disturbed at this departure from the basic provisions for which sick leave was intended. Sick leave was intended to pro- vide for a situation under which an em- ployee who was legitimately ill would have this sick leave to use under circum- stances whereby he would be endanger- ing his health or endangering the health of his'associates if he were to continue working while he was suffering from an ailment which poses a problem for him- self and his associates. This is the inten- tion. The argument that sick leave is abused, as I see it, is no argument for scrapping sick leave as such. However, this is what we would do if we provide credit for unused sick leave. We would encourage employees who are sick to continue to work anyway This is hardly practicable. We would create a complete departure in philosophy from the concept of .sick leave. If it is impos- sible to administer sick leave, then the. committee should adjust the administra- tive provisions so that sick leave cannot and will not be abused. In my opinion that would be a logical step, and I am sure if it becomes necessary for me to of- fer that amendment, I would receive some interesting support for it. I also suggest, Mr. Chairman, that we have a few other items contained in title II that require consideration. One is the matter of the present highest 5-year average for annuity which the committee Approved For Release 2001/11/01: CIA-RDP71B00364R000500160004-2 H 6212 Approved For Rq+Mg M AL W lBqq&?W00500160004-2j cry 23, 1969 pro-nosed to be lowered to the highest 3-year average. Unfortunately, as I read the report, especially the major portion prepared by the committee itself, I find very few statistics to back up the claim that this would cause only a minor dent in the fund. I am concerned over the possible abnormal costs which are not calculated and which are not clarified in any way in this bill. It may well be that the overall logic which has been emphasized by the gen- tleman from Iowa (Mr. GROSS) will pre- vail. I think the manner in which we all could be of help to the chairman of the subcommittee and to the full committee as well as the ranking Members is to sipport this position, is to reconsider and strike out title II. Then we would have a fine bill which would restore at long last fiscal responsibility to this retire- ment fund. Mr. FARBSTEIN. Mr. Chairman, will the gentleman yield? Mr. DERWINSKI. I yield to the gen- tleman from New York. Mr. FARBSTEIN. Mr. Chairman, I thank the gentleman for yielding. There is one phase in this matter that puzzles me, and that I would like to have clarified, and if the gentleman can do so I would appreciate it. Mr. Chairman, if one were to deposit money in the bank he gets compound in- terest. Does the gentleman know whether or not the moneys that are contributed by the Members as part of this annuity fund earn compound interest, or straight interest? Mr. DERWINSKI. Theoretically-and I will crosscheck with the chairman of the subcommittee-theoretically the in- terest should be compounded. Is that correct? Mr. FARBSTEIN. Mr. Chairman, would the chairman of the committee join in this, if the gentleman does not mind? Mr. DANIELS of New Jersey. Mr. Chairman, will the gentleman yield? Mr. DERWINSKI. I yield to the gen- tleman from New Jersey. Mr. DANIELS of New Jersey. Mr. Chairman, in response to the inquiry, as I understand it, the funds are invested in Government securities. This morning I reported to the Democratic caucus that the funds are invested according to re- strictions imposed by law, and which produce a return of 3.5 percent. And in speaking to the chief of our staff I am told that the entire portfolio today is now being broadly invested, end cur- rently has a return of 4.6 percent. Mr. FARBSTEIN. Compounded or reg- ular interest? Mr. DANIELS of New Jersey. I believe it is compounded annually. Mr. DERWINSKI. I believe this would require further clarification. The previ- ous year's interest income would be re- invested which, In effect, means that it is compounded. The CHAIRMAN. The time of the gentleman from Illinois has again ex- pired. Mr. SCOTT. Mr. Chairman, I yield 2 additional minutes to the gentleman from Illinois. Mr. DERWINSKI. I thank the gen- tleman for the additional time, and I now yield to the gentleman from New York. Mr. FARBSTEIN. Mr. Chairman, on the basis of compound interest, money earning 4.5 percent would double within 14 years. Does the gentleman know v:hether cr not the funds contributed by the membership have been given credit in the fund for this compound interest, or normal doubling over a period of 14 years for these members who have been in this system more than 14 years? M DERWINSKI. Mr. Chairman, it is my understanding that the contribution cf members throughout the history of t7iis retirement fund, so far' as the Mem- In :s of the House are coficerncd, has been adequate to meet the necessary contributions to the fund, including the crrned interests on the funds deposited. Mr. DANIELS of New Jersey. Mr. Chairman, if the gentleman will yield further, t3 give a direct answer to the gentleman from New York; if I may, I would say if you take a specific sum of many and put it out at interest, com- pound it annually at 41/2 percent that in a period of 14 years it would double itself. However, in the case of contribu- tions of Federal employees to the retire- ment fund they make the contributions in small semimonthly installments. They are not investing the total amount of money in one lump sum at interest for a full period of 14 years. Mr. FARBSTEIN. Then the real ques- tion is for their small sum that they de- posit, does that draw compound inter- est? Because if you were to take that small sum, irrespective of how small it was, and deposit it in a bank, it would get compound interest, would it not? Mr. DANIELS of New Jersey. If I may answer the question posed by the gen- tleman from New York, and I believe I answered that question before, it is that the present practice today of investing the funds is for it to earn compounded interest. Mr. FARBSTEIN. It would appear, therefore, to me-if the gentleman would yield further- Mr. DERWINSKI. I yield further to the gentleman from New York. Mr. FARBSTEIN. It would appear that the funds contributed by the member- ship under these circumstances are not being adequately compensated, so that in effect the membership in getting their pensions are not being equitably treated. Mr. DERWINSKI. We need a tech- nical clarification that should be pro- vided for the record-- The CHAIRMAN.. The time of the gentleman from Illinois has again ex- pired. Mr. SCOTT. Mr. Chairman, I yield 2 additional minutes to the gentleman from Illinois. Mr. DERWINSKI. Mr. Chairman, I again thank the gentleman for this ad- ditional time. As I understand it, when the funds are invested, any interest earned accrues to this fund. This in effect is compounding the interest. This is the point of the gen- tleman's question. Mr. GROSS. Mr. Chairman, will the gentleman yield? Dr. DERWINSKI. I yield to the gentle- man. Mr. GROSS. I read from section 8342 of the United States Cede wherein it is stated: (h) Amounts deducted end withheld from the basic pay cf an employee or Member from the flout Coy of the 11.rst month which begins after he has perfcrn.od sufficient serv- ice (excluding service wk ich the employee or Member e'_ects to eliminate for the pur- pore cf anne?it?r comput-, i-n under recticn 8339 of t'-is titled to entitle him to the maxi- mum annuity provided by section 8330 of this title, together with interest cn the amounts rt the rate cf 3 percent a year compounded cnnually from the date of The deductions to the data ci` retirement or death, shall be epplicd toward any deposit due under section C334 cf this title, and any balance nct so required is deemed a vcliintarv contribu- tion for the purpose of section 8343 of this title. Mr. FARBSTEIN. Has the gentleman analyzed that section which you just read? Mr. GROSS. No, I have not. But I simply cite that section of the code for the edification of the gentleman, for whatever it is worth. Mr. FARBSTETN. Does the gentleman mean the contribution of the Members to the pension fund is given credit for compound interest? Mr. GROSS. I think it does-at the rate of 3 percent. Mr. DERWINSKI. If I may comment on that point, that furnishes another argument for possible confusion and mis- understanding about this bill and rer- haps further study by the committee might be in order. All the controversy revolves around the provisions of title II and if we go ahead and sass only title I of the bill, as the gentleman from Iowa recommends, it would solve these prob- lems? Mr. FARBSTEIN. I nc ?ed that nuestlon to the head of the Civil Service Commis- sion. I think it. was last year or 2 years ago when the question was raised in con- nection with the bill that came out of the Foreign Affairs Committee dealing with this subject, insofar as Foreign Service officers were concerned. I inquired then whether compound interest was paid and I was told, no. It was only given simple interest. This is the reason I pose the question I would like to have clarified as to whether only simple interest is being paid. Mr. GROSS. I will say to the gentle- man that the Foreign Service retirement is a different retirement system. Mr. DERWINSKI. The passage read by the gentleman from Iowa clearly states that interest is compounded sub- ject to other conditions of the act. Mr. FARBSTEIN. I thank the gentle- man very much. Mr. DANIELS of Now Jersey. I would like to respond to the question or the statement made by the r entleman from Iowa with respect to the passage he read from the United States Code dealing with compounded interest. My chief of staff informs me that the section to which the gentleman from Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 Approved For. Release 2001/11/01 ? CIA-RDP71B00364R000500160004-2 July 23, 1969 CONGRESSIONAL RECORD-HOUSE H 9213 Iowa referred provides for an amount of interest charged to employees for` pe- riod of service not covered by retirement deductions. In other words, if you pay-into the fund for periods of service that were previously not covered or refunded, then you have to pay a specific sum of money, with interest compounded at 3 percent per annum. Mr. FARBSTEIN. Of course, that puts .a different phase on the matter, do you think not? Mr. DANIELS of New Jersey. Mr. Chairman, I yield 5 minues to the gentle- man from Pennsylvania (Mr. Nix). (Mr. NIX asked and was given permis- sion to revise and extend his remarks.) Mr. NIX. Mr, Chairman, the chairman of the Subcommittee on Retirement, In- surance, and Health Benefits, the gentle- man from New Jersey (Mr. DANIELS) , in- deed deserves the gratitude of all Fed- eral employees and annuitants who have a vested interest in their retirement sys- tem, for the deep concern and great cour- age he has displayed in dealing with a serious and complex matter which has been neglected far too long. Our colleague has described in detail the features of the committee's proposal for the future fi- nancing of the civil service retirement system, and the modest improvements in benefits proposed therein. The real problem of retirement financ- ing, as I see it, is primarily one .of budg- etary and legislative responsibility. Re- sponsible procedures require that the full retirement system costs involved in Fed- eral program and legislative actions be fully disclosed and the necessary steps be taken to cover those costs when program and legislative decisions are made. It is useful, I believe, in considering the budgetary and overall financing aspects of H.R. 9825, to think of it in three basic parts. First, current service liabilities. Each year's service by each Federal employee adds to the future benefits which the re- tirement system must eventually pay out. Since the employee only contributes part of these benefits through a payroll de- duction, the remainder must be paid by the Federal Government. Each man-year of Federal employ- ment, therefore, has a retirement cost attached to it which is just as truly an employment cost as the wages and sal- aries currently paid out. To the extent that the sum of the Federal and employee current contribution rate covers actuarial costs, the retirement benefits covered by each current man-year of employment pay for themselves and add nothing to the unfunded liability of the retirement fund. Second, the potential increase in un- funded liability for past service, caused by pay raises and liberalizations of `re- tirement benefits. Every time a Federal pay raise is enacted, the retirement value, and. the cost, of the past service of Federal employees is increased. After a pay raise all the past years of service will be multiplied. against a new and in- creaseli.highyaverage salary in, determin- ing retirement benefits:_ Automatically, the cost to .,thQ ederal Govei-mnentof future retirement payments increases, and none of the increase is covered by employee contributions. Similarly, when benefit liberalizations are enacted, or current annuitants given a benefit in- crease, or new groups blanketed into the 'retirement system, the value of future retirement payments increases. Unlike the first category-currently accruing liabilities-these costs are not related to current level of employment, but simply reflect the impact of pay raises or benefit liberalizations on past service. It is worthy of noting that each $1 of general pay increase entails a retirement cost of $2.55. Third, the unfunded liability which now exists because the civil service re- tirement system was not adequately funded in past years. Even if the Federal and employee contribution rates were sufficient to cover fully the currently ac- cruing liabilities, and even if appropria- tions were made to cover the increase in unfunded liabilities due to future pay raises or benefit liberalizations, the re- tirement system would still have a large and growing unfunded liability. This arises from the fact that in prior years the retirement system was not funded to cover its full actuarial costs. And since the fund is far below the full actuarial level, it foregoes interest payments each year which add still further to the ac- tuarial deficit. There, then, are the three major fi- nancing aspects of the retirement fund, and each of these aspects is covered by this legislation, in the light of sound budgetary and financial principles. It is ess' ntial to good budgeting that each Federal program be judged and evaluated in the light of its full costs. Each man-year of civil service employ- ment represents a cost to the Federal Government, not only in terms of direct wages and salaries, but also in terms of what that man-year of employment adds to the cost of the retirement sys- 'tem. Federal agency contributions, to- gether with employee contributions, should therefore cover the full amount of what each current year's service by a `Federal employee adds to retirement costs. At the present time, the normal cost of each year's service by a Federal em- ployee amounts to 13.86 percent of his salary. Further changes in the system recommended by the Committee on Post Office and Civil Service will raise normal cost to 13.99 percent. The combined agency-employee contribution amounts to ,13 percent, almost a full percentage point lower than full-cost coverage would require. As a consequence, the bill specifies a contribution rate of 7 per- cent for Federal agencies and 7 percent for employees, to cover the full normal cost of present benefits and those con- templated in this legislation, beginning 'in January 1970. It is emphasized that requiring em- 'ployees to share the normal cost on an equal basis does not mean that employees are paying half the cost of the retire- ment system. Continuing improvements in salary rates and benefit liberalizations have increased-and undoubtedly will continue to increase-the retirement value of past service, whose. cost the Federal Governmentbears fully. The principle of full-cost coverage for currently accruing service liabilities is not so much a matter of financing, but of full-cost disclosure. We ought to know what the full costs of any Federal program are. Even if the entire Federal retirement system were on a pay-as- you-go basis, principles of good budget- ing would require that in making evalua- tions of Federal programs we "impute" a retirement cost of each Federal em- ployee hired. Of equal importance is that aspect of funding which relates to increases in past service liabilities. Here again, full- cost disclosure is important. When the Executive considers, for transmission to Congress, and when the Congress itself considers pay increase or benefit liberal- ization legislation, these considerations should be based on a full awareness of the future costs to the taxpayer of the increased retirement payment which will result from the proposed actions. Every pay raise and benefit liberalization has a price tag for increased retirement pay- ments on past service. Those additional payments will be a cost to the taxpayer. The price tag should be known and ac- tion taken to meet it each time legisla- tion is proposed and enacted, H.R. 9825 makes provision for handling this situa- tion by amortizing such additional costs by appropriation payments into the fund scheduled to relatively coincide with outflow from the fund. Of paramount importance is that aspect re'i ting to the unfunded liability which has already been incurred, and to be further incurred, by failure to prac- tice full-cost funding in prior years. As pointed out in the committee's report on this legislation, the system's existing multibillion unfunded liability; while be- ing substantially affected by consistent liberalizations, recurring salary in- creases, and annuity adjustments, is largely attributable to the loss of interest on the deficiency-an amount that today approximates $2 billion annually. The board of actuaries of the civil service retirement system has repeatedly recommended that the Government, with respect to the system's deficiency, do no less than appropriate the amount of accruing interest thereon. The com- mittee does, indeed, concur with the actuaries that the existing unfunded liability should not be allowed to continue to soar by reason of the system's not being fully funded in terms of complete actuarial costs. H.R. 9825 provides for minimizing further loss-of-interest growth, and for the stabilization of those deficiencies within the next decade. Mr. Chairman, the Government's financial obligation is clear. The Govern- ment's recognition of, and action to meet, that obligation is imperative. The situa- tion has been studied intensively during the past few years by the Civil Service Commission, the Bureau of the Budget, the Cabinet Committee on Federal Staff Retirement Systems, and the board of actuaries and has been discussed exten- sively with congressional committees. It is.time, now, that Congress face the prob- lem realistically and adopt a definite program to meet that problem. Such a program is offered in this bill. I urge this body's full support and unanimous adop- tion of H.R. 9825. Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 H 6214 Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 CONGRESSIONAL RECORD- HOUSE July 23, 1969 Mr. SCOTT. Mr. Chairman, I yield 10 minutes to the gentleman from Mary- land (Mr. HOGAN). Mr. HOGAN. Mr. Chairman, as a mem- ber of the Post Office and Civil Service Committee and the Subcommittee on Re- tirement, I am pleased to rise in support of H.R. 9825. I am also privileged to be a cosponsor of H.R. 9825. I support. it fully and urge its prompt passage here this afternoon. In brief, Mr. Chairman, what we are doing here today is finally facing up to the unpleasant fact that a most vital Federal employee fringe benefit-one which holds the promise of the future for many millions of persons-faces com- plete bankruptcy. The civil service retirement fund is now $58 billion in the red. This unfunded liability is growing automatically by more than $2 billion every year, and by 1975 expenditures from the fund will ex- ceed annual income. If the action we contemplate here today is not taken, the cash balance in the fund will be totally exhausted by 1988, and, thereafter, in order to meet our responsibilities and obligations under the retirement program we will have to make direct appropria- tions beginning with $31/2 billion a year, escalating upward to $5 billion a year at the turn of the century. The present fiscal crisis facing the re- tirement fund is the result of many years of inadequate financing, neglect and mismanagement. While Federal em- ployees have always paid their full fair share of retirement costs set by law, the Government itself has not done so. It is true that monies have been ap- propriated to the fund from time to time in the past; but the Government's share of retirement costs has not always been paid regularly and systematically, or in amounts sufficient to meet its share of operating the program. And, in addition, over the years the Congress has enacted many benefit liberalizations which were never adequately financed. Consequently, it is extremely impera- tive that we now act to put the retire- ment fund on a sound financial basis as contemplated, by the provisions of H.R. 9825. If we do not, the situation can only get progressively worse and become even more difficult to resolve. Mr. KEE. Mr. Chairman, the remarks the gentleman is making are so extremely important and germane to the bill as to require me, for the first time in my serv- ice in Congress, to make the point of order that a quorum is not present. The CHAIRMAN. Evidently a quorum is not present. The Clerk will call the roll. The Clerk called the roll, and the following Members failed to answer to their names: [Roll No. 1181 Addabbo Conte Hanna Alexander Culver Hansen, Idaho Ashley Daniel, Va. Hastings Baring Diggs Hawkins Belcher Evins. Tenn. Hebert Biaggi Fallon Henderson Blackburn Fedghan Howard Blanton Fish Joelson Boland Flynt Kastenmeier Broyhill, Va. Fountain Kirwan Carey Frey Landrum Geller Fuqua Lipscomb Chisholm Gray Long, La. Clark Gude Long, Md. Clay Halpern Moclory MacGregor Randall Stanton Mahon Rees .Stuckey Mayne Reid, N.Y. Taylor Minshall Riegle Teague, Calif. Moorhead Rooney, Pa. Teague, Tex. Murphy, N.Y. Rosenthal Thompson, N.J. O'Konski Ruppe Weicker O'Neal, Ga. Scheuer Widnall O'Neill, Mass. Sebelius 'Winn Ottinger Sikes Wydler Powell Sisk Price, Ill. Smith, Calif. Accordingly the Committee rose; and the Speaker having resumed the chair, Mr. McFALL, Chairman of the Committee of the Whole House on the State of the Union, reported that that Committee, having had under consideration the bill II.R. 9825, and finding itself without a quorum, he had directed the roll to be called, when 353 Members responded to their names, a quorum, and he submitted herewith the names of the absentees to be spread upon the Journal. The Committee resumed its sitting. The CHAIRMAN. The gentleman from Maryland (Mr. HOGAN), has 7i/2 minutes remaining. Mr. HOGAN. Mr. Chairman, I thank the distinguished gentleman from West Virginia (Mr. KEE) for his generous re- marks. I attended the hearings on this meas- ure and, from the expert testimony I heard, it was clearly evident that there is an immediate need to overhaul and improve the funding and financing prac- tices of the civil service retirement sys- tem. The urgency of prompt enactment was best attested to by th6 distinguished Chairman of the Civil Service Commis- sion, Robert E. Hampton, during the hearings, when he said that the retire- ment fund is now losing $2 billion in interest each year due to the failure of the Government to make 'all of its au- thorized contributions. Mr. Chairman, this is admittedly a very complex piece of legislation. How- ever, I think it is extremely important to point out that the major financing proposals contained in the bill were care- fully worked out with, and have been ap- proved by, the Bureau of the Budget, the Department of the Treasury, the Comp- troller General, and the Civil Service Commission. These are the agencies which will be committed to any financing plan which we enact and their complete and unequivocal support and endorse- ment are imperative to the successful implementation of the bill.H.R. 9825 is a giant step forward in fiscal responsi- bility. It would solve the finance prob- lem by a three-step method: First. The full normal costs of pres- ent and future benefits which would be paid currently through matching agency and employee contributions would be in- creased from 61/2 to 7 peeent. Second. The Government would be au- thorized to cover in 30 equal annual in- stallments all increases in the Govern- ment's obligations created by new leg- islation, such as pay raises and benefit Third. The Government would fulfiill Its obligations created by laws already in effect by gradually increasing appropria- tions which would eventually replace the Interest being lost by the retirement fund. In essence, H.R. 9825 represents our commitment that the integrity of the civil service retirement system will be maintained and that there will always be enough money in the retirement fund to permit payment of all benefits-in full and on time-to all past, present, and future Federal employees. In addition to the financing changes, there are several proposals in the bill that would result in improvements in benefits for civil service retirees. An- nuities would be computed on the high 3 years, rather than the current high 5 years, of average earnings. The calendar value of unused sick leave would be in- cluded for the purpose of determining length of Federal service. At the present time, unused sick leave goes down the drain when an employee leaves the Gov- ernment service. An additional 1 percent would be ad- ded to all future cost-of-living increases to compensate for the usual 5-month de- lay in granting these increases. To me, this is only fair. Finally, certain inequities would be removed regarding the annunties of sur- viving spouses. Mr. Chairman, I support these benefits because I feel that the Government should lead, rather than follow, private industry in providing such benefits to employees. I think these benefit increases are absolutely warranted and will fill a legitimate need of Federal employees. While I enthusiastically support H.R. 9825, I would like to take this opportunity to point out to the Members that a very serious inequity in the retirement cover- age of many thousands of our dedicated employees remains uncured by this bill. I refer to the exclusion of overtime and premium pay for the purposes of comput- ing annuities. H.R. 9743, which I introduced on April 1 of this year, would correct this deficiency. Provisions similar to my own bill were in the retirement bill which passed this House last October and in the original bill, H.R. 770, which our com- mittee considered earlier this year. It is a source of disappointment to me that the provisions were not included in the bill before us today. At the present time, Mr. Chairman, we have large numbers of Federal employees who, because of the very nature of their employment are required to work a con- siderable amount of overtime. Some of these employees are the customs inspec- tors, border patrolmen, Weather Bureau employees, FAA traffic controllers, and Government Printing Office employees. These employees receive overtime pay and premium pay for their overtime, but the amounts of such overtime are ex- cluded from their total gross pay when computing retirement annuities. The consequence is that an employee ap- proaching retirement who has estab- lished a certain standard of living by rea- son of his consistent overtime, finds that he goes into retirement at an annuity which is much lower in relation to his final salary than do other Federal em- ployees whose occupations do not require that they work a consderable amount of overtme. The employee who has worked long enough to earn the maxmum an- Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 Approved For Release 2001/11/01: CIA-RDP71B00364R000500160004-2 July 23, 1969 CONGRESSIONAL RECORD - HOUSE nutty of . 8"0 percent of base pay finds that his standard of living is not reduced by 20 percent, but a much larger per- centage due to the fact that the. 80 per- The crediting of overtime and pre- mium pay does not entail any additional normal cost in view of the fact that both the employee and the agency would be contributing the customary 61/2 or 7 percent into the retirement fund. I sin- cerely believe, and I know that many who have studied the retirement program share my view, that total gross pay earned by an employee for his personal services should constitute the basic com- pensation for retirement purposes. While the bill before us today does nothing to correct this serious inequity, I am hopeful that my own bill, H.R. 9743, will be acted upon separately by the com- mittee and the Congress in the very near future. Sometimes there seems to be a pre- valent attitude which considers the Fed- eral employee as a "stepchild" of Ameri- ca's work force. Yet, the very structure of government would cease to function if it were not for these loyal and devoted civil service employees. Having been a long-time Federal employee myself, I can attest to the work done and to the con- tributions made by our Federal workers. These employees are an integral part of America's productive strength and they play a vital role in our progress. Therefore, I believe that we would be remiss in not voting for.this measure which would recognize the contributions of these employees, correct inequities in the current system, and avoid potential hardships which would result from the financial chaos which will occur if the financial problems inherent in the sys- tem. at the present time. Mr. Chairman, I urge my colleagues to do what is right and equitable for our Federal workers by enacting H.R. 9825 without amendment. Mr. DANIELS of New Jersey. Mr. Chairman, I yield 5 minutes to the gentleman from New York (Mr. HANLEY). (Mr. HANLEY asked and was given permission to revise and extend his re- marks.) Mr. HANLEY. Mr. Chairman, I am pleased to support this measure designed to strengthen the financial condition of the civil service retirement system-a program in which all Federal civilian employees and retirees, and their fam- ilies, have a vital stake. All of the Government's several staff retirement systems are costly and, even without the liberalizations advocated by employees and retirees, costs are soaring. Benefits already earned but not yet pay- able will, in a few years, require addi- tional appropriations amounting to bil- lions of dollars annually. Rising costs of living, to which benefit adjustmenks are now tied by law, will add billions more to the future liability. So will future salary adjustments. Retirement, system financ- ing has, therefore, become a major prob- lem to executive branch officials and to Congress, as well as a matter of serious concern to thousands of individuals who fear that the economic security they have been counting on for their old age is slipping away. Against this general, background, fac- Ing the need for decision on a specific financing proposal is. imperative. Meth- ods of financing and funding Federal retirement systems vary : Some are con- tributory, some-technically at least- are noncontributory; some are fully funded, some partially funded, and some are pay as you go. While disagreement continues unresolved over the extent to which the individual employee should share retirement costs, and over the best approach to financing, methods of resolv- ing these problems will have a tremen- dous impact on the budget of the Govern- ment. Clearly, no one social or economic philosophy can adequately explain all of the changing currents of the retirement movement. The society in which the civil service retirement system. was originally designed was relatively static; today's society is characterized by a dynamism that we have not yet learned to assess adequately, much less cope with, and the system shows the strains of the con- tinuing effort to accommodate to this dynamism. It attempts to cope with a particular set of employment conditions specific to most, but not applicable to all, who serve the Nation's largest and most diversified employer; it must continue to meet those special conditions if retirment is to serve its purpose for these employees and make a positive contribution to the Gov- ernment's missions. It attempts to balance divergent inter- ests, accommodate conflicting values, and adjust to continually changing man- power needs and policies; it must con- tinue to do so because that is what our democratic system demands of its public institutions. It is costly because, despite its various Inadequacies, it is essentially generous; it must remain so if the Government is to be a responsible employer. The public hearings held by the Sub- committee on Retirement, Insurance, and Health Benefits, together with the considerable volume of correspondence it received, presented an opportunity to give appropriate consideration to a num- ber of topics for study. Our major find- ings and recommendations are sum- marized in the committee report ac- companying this legislation. The provisions for financing and fund- ing the civil service retirement system has been designed so as to first, require Government and employees to share normal costs, including those resulting from the liberalization of benefit pro- visions; and, second, to identify clearly and recognize Government's responsibil- ity for other costs, including those for past service liability and those for post- retirement adjustment of benefits; and also to provide for maintenance of the retirement fund at a level sufficiently high to assure that all retirement bene- fits can be paid promptly as they fall due. This legislation will completely cover normal cost, will automatically neutral- ize prospective causes of future financial deficiencies as they occur, and ultimately will stabilize the existing unfunded lia- 116215 bility of the program. The mechanics of the legislation will require virtually full disclosure of retirement costs and ex- plicitly allocate, responsibility for. such costs to, first, employees and agencies jointly;"second, agencies only; and third, Government, as distinct from agencies. Mr. Chairman, in order that there is no question as to the ability of the civil service retirement system to fulfill its future obligations to Federal employees and annuitants, I urge the adoption of H.R. 9825. Mr. DANIELS of New Jersey. Mr. Chairman, I yield 5 minutes to the gen- tleman from New York (Mr. BRASCO), a member of the committee. (Mr. BRASCO asked and was given permission to revise and extend his re- marks.) Mr. BRASCO. Mr. Chairman, I rise in support of H.R. 9825. First, I wish to commend.the distinguished chairman of the Subcommittee on Retirement, Insur- ance, and Health Benefits, the gentle- man from New Jersey, Congressman DOMINICK V. DANIELS, for the leadership he has demonstrated in bringing before the House a bill which embodies the sub- committee's major legislative effort of the last session of the 90th Congress, and its initial legislative endeavor of the 91st Congress. The bill was reported by both the subcommittee and the full Commit- tee on Post Office and Civil Service with- out a dissenting vote. Mr. Chairman, I wish to emphasize that within 6 years, we will be paying out more than present financing meth- ods bring in. I emphasize that within 18 years the fund balance will have dropped from the pros nt $201/2 billion to zero. Unless appropriations of billions of dollars are then made in full, and on time, each and every year thereafter, we will be unable to pay retired employ- ees and their survivors the benefits they have earned through years of dedicated service, and upon which they are count- ing for support in their old age. Nonrecefpt, or even delayed receipt, of their annuity checks would be ex- tremely serious for thousands of these elderly persons, many of whom have no other source of income.,-We would be delinquent in our responsibility, I say to the Members of this Congress, if we did not insist upon timely and effective congressional action to assure that such a situation does not occur. During the course of this debate I have heard title II of this bill described as controversial and described as a Christmas tree ornately decorated with light bulbs and tinsel. Now, I have great respect and admiration for the integrity and intelligence of both of the members of the committee who described title II of this bill in that manner. Certainly it is with great trepidation that I pursue a path which would be directly opposite to their line of thinking. I do not know of any Federal employee who is living high on the hog today. I do not know of any Federal employee who has been able to bring his family up in dignity and decency. I certainly do not know of any retired Federal employee who can main- tain that retired status in the manner we ought to want them to have in their twi- Approved For Release 2001/11/01: CIA-RDP71B00364R000500160004-2 Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 H 6216 CONGRESSIONAL RECORD - HOUSE . July 23, 1969 light years. Among the Federal employ- ees I know are those from New York, among them the post office employees, clerks and carriers, who start out at less than $6,000 a year and after a long per- iod of 21 years make less than $8,000 a year. I think it is certainly fitting that some of the benefits in title II which are due to these dedicated employees be granted in this legislation. I would like, if I may, now to go over what these benefits consist of. We heard one distinguished member of the com- mittee concern himself with the fact that unused sick leave would be used in the formula to arrive at one's annuity pay- ments. We have had testimony before the committee from the Civil Service Com- mission in which they stated that about one-third of those retired are retired by virtue of disability. That means they are directed by the Civil Service Commission to take all of their unused sick time. That means also that they are on the payroll for full salary and during that period they are charged against the agency's service list, so that no other manpower can be provided for that slot. We find- and the Civil Service Commission has so testified-that the difference between the one-third and up to 50 percent of those people who are not disabled but are retired are at a stage in their life when they are sick. So they are in the same position. The last 50 percent forfeits, yes, for- feits some of its unused sick time. But I think that this legislation would repre- sent a great deal of incentive in marginal cases to have Federal employees preserve their unused sick leave. Then, Mr. Chairman, we come to the 1-percent cost-of-living increase. I do not believe there is any Member of Con- gress who would disagree that this is necessary for our retired civil service em- ployees today. The CHAIRMAN. The time of the gentleman from New York has expired. Mr. DULSKI. Mr. Chairman, I yield to the gentleman from New York 2 addi- tional minutes. Mr. BRASCO. Mr. Chairman, then we come down to the next great benefit and I guess this one is the one with all of the tinsel, to restore to widows their rights of survival annuities. During the course of any man's employment when he is married, one of the foremost thoughts in his mind is to provide for his sur- viving spouse, and he pays for that. In some instances many men will retire at reduced benefits only to continue the survivorship benefit for their wife. Are we going to take that away from him be- cause a woman decides to remarry and perhaps remarries a man who is earn- ing only a meager income? Mr. Chair- man, do we say that this is tinsel and a type of a Christmas tree provision? Then, Mr. Chairman, we have the next provision in which we take the 5-year average on which we basically compute retirement down and reduce it to 3 years. Mr. Chairman, there is one thing that may cause some controversy and that is the fact that Members of Congress may be included in this provision. I under- stand there is going to be an amendment offered today to have Members of Con- gress taken out of this 3-year provision. You know something, I have been around here not very long, but long enough to be sort of tired, respectfully so, but tired of listening to that old song, "Your Lips Tell Me No, No, But There ]s Yes, Yes, in Your Eyes." Mr. Chairman, Members come here constantly and vote against benefits for Members, but as soon as such benefits are voted, run to the disbursing office to col- lect their benefits. Mr. Chairman, I think there should be some kind of distinction between those who are voting against these benefits for Members, not because they are not en- titled to them, but vote against them only because they may receive the ben- efit in the end. The CHAIRMAN. The time of the gentleman from New York has again ex- pired. Mr. DULSKI. Mr. Chairman, I yield the gentleman one-half additional min- ute. Mr. BRASCO. Mr. Chairman, I was going to suggest that anyone who has such an amendment might draft the language in this way so that we will once and for all dispense with this kind of demagoguery and do away with the national pastime of "let us kick the Members of Congress around." I suggest that we could do this through an amend- ment by providing that any Member of Congress within 31 days after this act becomes effective may just write a letter to the disbursing office authorizing them to compute his retirement benefits on a 3-year period instead of 5, so we can honestly separate those who favor the provision and those who do not. Mr. ANDERSON of California. Mr. Chairman, will the gentleman yield to me? Mr. BRASCO. I yield to the gentleman from California. Mr. ANDERSON of California. Mr. Chairman, H.R. 9825 is a most impor- tant piece of legislation, for until the refinancing provisions of this bill go into effect, we do not have a sound financial base for the civil service retirement fund. I have, in the past, indicated my sup- port for this vital legislations by intro- ducing an identical bill, H.R. 10219. A major reason for my interest in gen- erating support for this bill is because the legislation provides for an additional 1 percent to each future cost-of-living increase and, as my colleagues in the Congress well know, the way things are moving now it appears another cost-of- living increase will soon be due. We simply cannot afford to allow our Federal' employees and public service workers to fall further behind in the inflationary spiral we are presently experiencing. tirement and Disability Fund continues to increase. The deficiency is estimated at $57.6 billion at June 30, 1969, and the fund will be paying out more than it is taking in by 1975 unless sound financing is provided for. The many reports, telegrams, letters, and personal conversations I have had on this matter requesting a favorable vote leave me in no doubt as to what course the Members should take this afternoon on this bill. I stress the great need for our prompt enactment of H.R. 9825 today in order to strengthen and maintain the viability of our civil service retirement system. Mr. DULSKI. Mr. Chairman, I yield 3 minutes to the gentleman from Hawaii (Mr. MATSUNAGA). (Mr. MATSUNAGA asked and was given permission to revise and extend his remarks.) Mr. MATSUNAGA. Mr. Chairman, I rise in support of H.R. 9825, a dual-pur- pose bill which would strengthen the financial condition of the civil service re- tirement system and at the same time provide certain needed improvements in the employee benefits structure of the retirement system. H.R. 5831, a bill that I introduced, is similar to the one we are now considering. As a former member of the House Post Office and Civil Service Committee, I am keenly aware of the fact that the fi- nancing of the civil service retirement system has been a continuing problem for many years. For too long a period, the reports of the actuary have been pes- simistic. In 1958, for example, the un- funded liability of the program was about $18.1 billion, and over the inswing years it has risen so that by the end of this month, upon full implementation of the latest salary statute, the deficiency will exceed an estimated $61 billion. The dire prediction has been made that if no changes are made in the law, the civil service retirement and disability fund will have a zero balance in about 18 years. It was in this climate that the House Post Office and Civil Service Committee considered and reported out a predeces- sor bill, H.R. 17682, in the last Congress. On October 1, 1968, the House passed that bill without a dissenting vote. That bill was the result of careful and extend- ed study by the committee in conjunc- tion with the Civil Service Commission, the Bureau of the Budget, and the Gen- eral Accounting Office. I regret that the other body did not have an opportunity to consider the bill. Like the bill we are now considering, H.R. 17682, presented a rational approach to financing the civil service retirement program. In addi- tion, it would have made several worth- while improvements in the benefits pro- vided. No one can honestly deny that the fi- nancial reforms provided in H.R. 9825, the bill now under consideration, are urgently needed. In the current fiscal year the unfunded liabilities of the pro- gram will rise by about $1.9 billion due to the interest that accrues. If enact- ment is put off for another year, there will be a similar increase in fiscal year 1971. Now is the time to put a stop to this unwanted growth in needless cost to the taxpayer. Mr. Chairman, in the current budget- conscious year, we have heard from some It is interesting enough, and I would We simply cannot afford to delay this agree with the gentleman from Penn- measure any longer. In reporting the sylvania (Mr. CORBETT) when he says fiscal 1970 independent offices bill, I re- that all of this is being paid for by the mind my colleagues that the House Ap- Federal employee when we increase their propriations Committee declared: rates paid into the fund from 61/2 to 7 The committee again calls attention to the percent. I agree that is accurate. fact that the deficit in the Civil Service Re- Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 July 23, 196 proved For Re::U kOffiJ6NA~,CaC8RD1 BOHOUSE 0500160004-2 quarters that we ought to preserve the financing features. of H.R. 9825 while dropping the employee benefit improve- ments. I would like to point out that title I and title II of the bill supplement each other and are integral parts of he whole legislative package. The employee benefits provided under title II are long overdue. The cost of their enactment will be fully covered by the new combined employee-employer contribution rate of 14 percent of payroll provided under title 1. The employee benefit provisions, en- compass such improvements as the re- duction in the average pay computation period from 5 to 3 years, the credit for unused sick leave, the one percent in- crease in future automatic cost-of-living percentage adjustments, the deletion of the 15-year limitation from the congres- sional employee computation formula, and the reinstatement of , a remarried widow's annuity without regard to the time her husbad died or retired. These are all needed modernizations that do not in any way thwart our effort to strengthen the financing provisions. Mr. Chairman, there is very little need to engage in lengthy debate today over these provisions of the bill. The need is present and clear. The House in the 90th Congress demonstrated its understand- ing of these problems and recognized the worth of the proposed solutions. There is no reason why we should not take the same course today with respect to this long overdue legislation. Mr. SCOTT. Mr. Chairman, I yield 5 minutes to the gentleman from Penn- sylvania (Mr. DENT) . (Mr. DENT asked and was given per- mission to revise and extend his remarks.) Mr. DENT. Mr, Chairman, there has been.a great,deal of interest in this leg- islation, and any legislation dealing with pensions in the last 3 or 4 years, and as chairman of the General Subcommittee on Labor, I have had the responsibility of the Welfare and Pension Funds, Re- porting and Disclosure. Act. This act covers the affairs and trusts and the operations of approximately 1,255,000 separate pension funds in the United States. I have not had an opportunity to look at the whole million or so funds, but I can say to the Members that the highest H6217 First of all, anybody who conceives the idea or who thinks you can make a Government plan actuarially sound using the private insurance company basic figures is just simply out of any rational mind that he may have. It is impossible because any contract that is made with a private insurance company for an- nuities is based upon a contract that is not changeable during the lifetime of that contract. You cannot compare the Federal pen- sion to a regular pension system, simply because in the Government pension sys- tem we increase the benefits without add- ing contributions because all of those who are already retired receive benefit increases and do not contribute into the fund. We have changed this fund in such a way that we have added enough extra cost to it so that even if we were to triple or to quadruple the amount of the con- tribution, it would not be actuarially sound in future years, as the private in- surance companies figure it out. It is also true that Insurance companies as a group have greater earnings, more holdings, and more money in mortgages than any other business enterprise. On the other hand the Government is not in the business of exploitation for profit and the Government fund should only be self-sustaining, not profitable. The reason I make that statement is because it proves itself out mathemat- ically and it proves itself out practically. For example, in 1947 we started this fund, and during that period of time the Federal Government was supposed to contribute its matching fund with ours. However, for the first 91/2 years the Federal Government did not pay 1 cent into this fund, and at the 91/2-year mark, it paid a half a year. Then it paid the next 10 years, according to the fig- ures received from the Bureau in 1967. During that period of time our average annual income from investments, or parts of it, averaged less than 3 percent per year. If this money had been put out at 41/2 percent under a prudent in- vestor's rule, and if the fund were run like any other intelligently run fund, the fund for the Members of Congress would have over $26 million over and above the amount of money that was required to pay out all claims. In respect to claims, a Member of Con- change. the funds we have studied is the con- y ` a?` w zay `'11b, uus a great number month in 1955. To be accurate, so that the funds made by the Members of the of Members of this Congress who were there will be no question of the facts that Congress into e congressional fund. here back in 1932 and 1933 and 1934 and Member-and I will give you his name 1936 are still fighting the old depres- if you so desire-now receives $259 a The trouble with this fund is that it sion. There has been so much water over month. Mind you, if you had an actu- is mixed up in the whole general funding the dam since then and they are still arially sound plan, and you based it upon picture of the GSA, or the regular civil talking about trade relations of the days the idea of being actuarially sound, you service employees retirement, but the of the horse and buggy when we just could not pay him $259 a month. He truth of the matter is that the soundest flew men to the moon the other day. would still have to receive $180 a month. pension fund that has come to our notice In other words, we become creatures of But we have generously added widows is the ? pension fund of the Members of habit and form habits and opinions and and others without funding. We have the Congress of the United States. we follow them-and we follow them generously added other benefits for non- I can understand why certain Mem- more so in our later days when we do not contributing Members into the fund, and bers harbor a false premise on this par- have that vim and vigor or the notion to the Members of Congress have paid for ticular situation of the pension fund in do any new thinking. it. the Congress, because of a great deal of Let me just give you some facts that Federal judges pay nothing into the misinformation on pension funds in gen- are very important. I want these facts to fund but get full retirement benefits. The eral, and especially those that attach be understood for what they are. These military has the same setup. themselves to Members of the Congress are the actual facts of the pension plan As of 1967 the facts were clear. Pre- in this instance. of Congress. liminarily, I would like to point out that There is a serious problem that we ought to be looking at. We ought to be looking at it because in the days when I was investigating this particular pension fund of ours, in line with other pensions, I received a great number of letters from former Members of Congress who in detail gave me the problems they faced after they left the Congress, after having served here for 10 or 20 years or 15 years, and they found themselves completely away from whatever profession they may have had or whatever business they may .have had.. If that was true in those days-10, 12, or 15 years ago, how much truer is it today when the Congress finds itself in the position of being a fulltime job, practically. I do not know how the rest of you may be able to carry on your affairs at home, but I have not been able to and I have had to give up all my other business and activities, I am strictly a Member of the Congress of the United States 7 days a week. For that matter I doubt if onyone could actually say that he is not called upon, at all times like a good general practitioner in medicine. However, I want to get down to the basic fundamental principle of pension legislation-not this particular legisla- tion-but legislation dealing with pen- sions for the Members of Congress. First of all, because of the fact that you have to serve 32 full years in the Congress to get the maximum pension allowance under the law, it forces the Members of Congress who, after being here for 10 or 12 years, have to stay to the end of their endurance and the will of the people. Many of us know that Members of Congress reach a certain age where I am sure they ought to be retired and should be retired and should have the inducement to retire. Some of us worked out what we thought was a reasonable plan. There would be no less paid into the pension fund by Members but it would be paid in a shorter number of years and would allow retirement after a shorter number of years of service. It is not- a question of whether a person is able to serve when he is 78 or 79 years of age-it is a question as to whether he ought to be serving. We are all creatures of habit and we form certain habits and policies and opinions over the years-and they never Approved For Release 2001111/01 : CIA-RDP71B00364R000500160004-2 1-16218 Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 CONGRESSIONAL RECORD-- IIOUSZ, July 2_ , 1969 there is one thing you must always re- member. Political expediency and com- mon justice seldom sleep together. They are very strange bedfellows. We have added all of these extras. We are paying for them out of the fund, with- out matching contributions, or contribu- ti;;ns being made out of the general fund. That is where these added benefits should come from since they are not benefits for ths contributors. We are paying for them out of our pension fund. We are paying enough in our pension fund, as of the last figures available, to take care of the original program, but I would like to point out that the facts simply put are as follows: First. The Members' pension is sound and is solvent as a pay as you go with a surplus as of the end of 1967 of over $12,900,000 over and above all charges and costs against it, since its inception in 1947. Second. The Federal Government never met its matching requirements for the first 10 years and in the 11th year, 1957, it met only 50 percent of its match- ing and yet the Members' contributions were high enough to meet all. claims against the fund and still have a reserve of $3,227,000 for the 11-year period. Third. During all these years-1947 67----the fund earned less than 31iz per- cent interest per year for a total of $3,114,000 as against a total of!$10,508,000 if the Government had met its matching requirements and the fund had earned 5-percent anmlal interest. Fourth. The fund would have a sur- plus of over $25,008,000 Instead of $12,915,000 if the Government had paid its share as all other employers do on a matching basis. This shows the amount of surplus over costs for the full retirement system of the Federal Government with the excep- tion of free pensions to Judges, and spe- cial categories: As of Dec. 31, 19136, invest- As of Dec. 31, 1967, investment ment (at par) (in thousands) (at par) in thousands) -- -- Rate of - Special,2i'------_----------------------- -- $585,000 Special,2ig------ ------------------------ 3,677,140 Special,2%---------- ----------- 1, 009, 576 Special, 39/------------ ---------- i 1,295,200 Special, 37 --------------------------------- 22,21104,888 204,888 Special, 4h------- -------------------- ------------ Special, 4%---------- ---- ' 1, 907, 132 Special, 4,.--` ------- ------------ ----------- Special,5______________________------------ 163,072 Special, 5''b--------- ----------- ------------ 117,876 Special,s'/a -- 1 ----- Special, 5%-------- . ------------------ ---- 279, 199 Special, 5i's--------- -------- ----------- ----------- Percent 3.46 21.73 5.97 7.65 12.44 25.07 11.27 37 . .70 1.65 Total, 2 3.681- _ _ _ 15, 282, 937 90.31 Public, various '4.246-------- .-- 1,640,403 9.69 ----- ------------ _ 16,923,340 100.00 Grand total 23.736---- interest Amount Percent , ber 1, 1956. 2~L $200,0010 1.11 12. Act of June 29, 19 liberalized the comme 57, Public Law 85-65, ncing date of annui- 2h 3,148,359 17.43 4 81 ties for survivors of M embers who died on 27. 3? 869,010 r 1 234 224 . 6.83 or after January 1, 1957. 1 37, , , r 2, 024,661 11,21 13. Act of June 25, 1958, Public Law 85- 4tx r 1, 400, 711{0 22.71 465, provided annuity increases to retired 43.1 r 1, 758, 17:1 9.74 Members or their survi vors who were receiv- 47 r 1, 867, 0410 10.34 in or ntitl d t i A ----- ----------------- --------- g e e o rece ve annuity on ug- -----------_ -- -- - ------- ust 1, 1958, based on s ervice terminated 514 r 43,009 .24 prior to October 1, 1956. ---------------------------------- 468 2 87 5/ 1517 14. Act of August 14, 1958, Public Law , , 85-661, provided for payment of Member's 2 3.885 15, 762, 721 87.29 voluntary contribution accounts prior to re- 24.463 2,295,953 12.71 ceipt of any additional annuity resulting 00 100 therefrom. 23.959 18,058,674 . 15. Act of August 27, 1958, Public Law I Amounts invested since Oct. 4, 1')61, under the 1961 Law. 2 Average rate, weighted by face amount at each rate. Note: Public Law 87-350, approved Oct. 4, 1961,changed the basis for future investment of the retirementfund with respect 10-year pe iodides for the redemption otinvestments made old basis and thaverage eir reinvestment under the n new basis yield basis. to s under the issues The calls and letters to Members by retirees-voluntary and otherwise-at- test to the willingness of Members to pay more to get more in pensions and insur- ance plans. The following is quoted from one of many letters from former Mem- bers: As you know, I was elected to Congress in 1934 and served until 1947, with the ex- ception of 1943 to 1945. It was my privilege to be a Member at the time the so-called Congressional pension or annuity was adopted in 1946. Our salary was then $10,000 per year. We should have had an increase in salary long before that time, but we were thankful for the passage of the pension act. Even though we former Members are not on the payroll, as such, we are called upon to render service because of our former Membership. Our opinions are sought after because of that standing. One does not real- ize, the number of times this happens. We are happy to render such service; however, I feel that our pension or annuity is inade- quate. Of course, I fully realize that our contri- bution of 5% of our salary, based on our basic salary of $10,000, was voluntary and was paid back to the time of our entry into Congress, and it was the best we could ex- pect to pass at that time. My pension or annuity began in May 1955 when I became 62 years old at the rate of $180 per month or $2,160 per annum and has rise;l to $259 per month or $3,108 per year because of the in- crease in the cost of living. You will note that his pension has in creased 331/3 percent without any con- tributions. The serving Members of Con- gress paid for this increase out of their contributions since no appropriations were provided for the increases. This is another reason we cannot make the fund actuarially sound. Following .is a list containing the his- tory of retirement legislation: HISTORY OF LEGISLATION AFFECTING RETIRE- MENT OF MEMBERS OF CONGRESS 1. Act of January 24, 1942] Public Law 77-411, extended retirement ' coverage to Members of Congress. 2. Act of March 7, 1942, Public Law 77-490, removed Members of Congress from coverage under the retirement system. 3. Act of August 2, 1946, Public Law 79- 601, extended retirement coverage to Mem- bers of Congress. 4. Act of June 19, 1948, Public Law 80-707, allowed a Member leaving his office to enter the armed forces during a war or national emergency, upon returning as a Member, to have the time spent in the military credited toward retirement, with no con- tribution to the retirement fond. 5. Act of April 4, 1953, Public Law 83-18. ciiminated the 30-day waiting period for :>int-and-survivorship-annuity elections by ;.Members. 6. Act of March 6, 1954, I'ullic Law 83-303. liberalized Member's retirerent provisions with respect to creditable service, cond_- t ons for retiring, amount o- annuity, and death benefits. 7. Act of August 31, 1954, Public Law 83-- 730, provided that Member's annuity title z,uld arise only if at least 1 year within the 1-year period next preceding Member's sep- aration was served subject to the retirement l sw. 8. Act of August 11, 1955, Public Law 84-- 569, added a benefit for Members, separated ,ruly 1, 1955 or later, who had prior Govern- ment service other than as Member. Also permitted use of prior Member service in computing annuity upon retirement from non-Member employment. 9. Act of June 4, 1956, Public Law 84-556, waived 1-out-of-2 requirement in case of Member's death in service. 10. Act of July 31, 1956, Public Law 84-854, completely liberalized, revised and re-enacted the civil service retirement law with respect to all types of covered personnel, including Members. 11. Act of June 21, 1957, Public Law 85-58, liberalized the commencing date of annui- ties for survivors of Members who died sub- :;equent to April 1 1956 and prior to Octo- 85-772, provided annuity pn;toction for sur- vivors of employees who are elected or ap- pointed as Members of Congress. 16. Act of July 7, 1960, Public Law 86-604, liberalized Members retirement benefits with respect to refund rights, annuity elegibility, deferred annuity and re-employment of for- mer Members. 17. Act of ,July 12, 1960, Public Law 86-622, liberalized Members retirement benefits with respect to excess contributions, deferred an- nuity, immediate reduced annuity upon in- voluntary separation and survivor annuity. 18. Act of September 6. 1960, Public Law 86-713, accelerated the commencing date of Members annuities and the annuities of their survivors. 19. Act of July 31, 1961- Public Law 87- 114, made permanent authorization for pay- ment of annuity increases authorized for Members and their survivors by the Act of June 25, 1958. 20. Act of October 4. 161, Public Law 87-350, liberalized the restoration to earning capacity provision of thereiirement law rela- tive to Members who retire on account of disability. 21. Act of October 11. 1962, Public Law 87-793, liberalized Members' survivor bene- fits and provided annuity adjustments to re- tired Members and survivors of Members. 22. Act of September 27, 1965, Public Law 89-205, as amended by the Act of November 1, 1965, Public Law 89-314, provided cost-of- living annuity adjustments to retired Mem- bers and to survivors of Members. 23. Act of July 18, 1966, Public Law 89-504, liberalized Members' survivor benefits for student-children and provided survivor an- nuity increases. Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 Jul ~3 proved for Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 July 9 CONGRESSIONAL RECORD - HOUSE 24. Act of December 16, 1967, Public Law Executive Salaries and it is true here tributed th 90 206 liberalized Member' i f , s max e mum basis today. ull amount set by law, but, annuity at 80% of the final pay of an ap- while the Government has contributed pointive position in which the Member serves While I fully support improving the substantial sums to the trust funds, it after termination of Member service. financial condition of the civil service has failed to appropriate regularly and [Mr. FULTON of Pennsylvania ad- retirement system, I cannot, in good systematically, on a concurrent basis, dr[Md the Committee. His remarks ad will conscience, believe that our actions here sufficient funds to meet the ultimate desse the Comr in the s remarks of today will be construed as improving the costs not covered by employees' con- Remarks.] critical problem of properly financing tributions. In past years several methods the system by improving benefits for for determining appropriations, to meet Mr. CORBETT, Mr. Chairman, I yield Members of Congress which, in my judg- the Government's obligation to the sys- to the gentleman from California (Mr. ment, are adequate at present. tem have been considered, and some DON H. CLAUSEN). While some may disagree, I believe were adopted. However, attitudes of (Mr. DON H. CLAUSEN asked and that, over the years, Congress has just various administrations, Congresses, and was given permission to revise and ex- not provided sufficient funds or adequate committees have changed from time to tend his remarks.) "machinery" so that our civil service time, but facing the problem realistically Mr. DON H. CLAUSEN. Mr. Chair- retirement system is capable of keeping has been long delayed. man, I rise today In support of H,R. 9825, pace with the cost of living or rising The significance of expected continual the Civil Service and Retirement Financ- price index. Nor, in my judgment, has deficiency increases is that the fund will Ing and Benefits Act, proper attention been payed to surviving ultimately be depleted unless action is The House Committee on Post Office widows. taken to forestall this contingency. and Civil Service has done an excellent This, then, Is the problem that we Thereafter, direct appropriations would job in the area of drafting legislation should be. addressing ourselves to here be required each year, in addition to em- intended to improve both the financing today. ployee, and employing agency contribu- and funding practices of the civil service Mr. CORBETT. Mr. Chairman, I tions, in order to meet benefit payments retirement system in order to maintain yield 3 minutes to the distinguished gen- as they fall due. Unless steps are taken confidence in the soundness of the retire- tleman from West Virginia (Mr. KEE). to eliminate, or at least halt the growth ment fund. In addition, this legislation, Mr. BURLISON of Missouri. Mr. of, the unfunded liability, the fund bal- in my judgment, provides certain limited, Chairman, will the gentleman yield? ances will be drawn down and substan- but necessary and needed, improvements Mr. KEE. I yield to the gentleman tial direct appropriations will be required In the benefits structure of *the system from Missouri. to meet future obligations. within the confines of the new financing (Mr. BURLISON of Missouri asked In the committee's judgment and approach. and was given permission to revise and mine, its recommended approach, while Certainly, we in the Congress must extend his remarks.) somewhat new in concept and mechan- insure that the necessary money is avail- Mr. BURLISON of Missouri. Mr. ics, is sound and will accomplish the de- able when needed.. to pay the annuities Chairman, the major purpose of this leg- sired results. Its impact on future of Government's retirees and survivor islation is to improve the financing and budgets will be considerable, but the im- annuitants in full and on time. funding practice of the civil service re- pact will nevertheless be far less drastic Essentially, this bill provides four basic tirement system, so as to maintain con- than if present funding practices con- improvements in our Civil Service Retire- fidence in the soundness of the retire- tinue unchanged. The longer action is ment Act. ment fund and to assure that the nec- delayed, the larger will be the problem First. An additional 1 percent will be essary' money is available when needed to be dealt with. The committee believes added to all future annuity cost-of-liv- to pay the annuities of Govermmnt's re- that this bill will provide in full for the Ing increases. This, I believe, is abso- tirees and survivor annuitants in full permanent financing of the civil service lutely essential. Thus, if the cost of liv- and on time. retirement system, so as to assure that Ing is increased by 3 percent, annuities It is also the purpose of this legisla- there will always be enough money in would be advanced by 4 percent to offset tion to provide certain limited, but the fund to permit the payment of all the increase. needed, improvements in the benefits benefits due-in full and on time. I fully Second. Annuities of surviving spouses structure of the system within the limits concur with the committee on these who have remarried since July 18, 1966, of the new financing approach. matters. will be continued or restored under During the past 11/2 years, the Sub- The annuity computation formula is certain conditions. committee on Retirement, Insurance, an all-important technique of express- Third. Retirement service credit will and Health Benefits of the Committee ing basic policy decisions as to how much be allowed for unused sick leave. While on Post Office and Civil Service has de- annuity to award specified groups of this provision may be debated, it should, voted its full time and attention, in ex- employees, and how much recognition or nevertheless, be recognized as a valuable tensive public hearings, executive ses- weight to give to length of service, level incentive for faithful service. sions, and conferences with the official of earnings, and other relevant factors Fourth. And, last, annuities will be representatives of agencies of the execu- in arriving at the amount of annuity. computed on the high 3 years rather tive and legislative branches, to a Substitution of the final salary, of the than the high 5 years of average earnings. searching review of the financial con- salary in the last full year of employment, On this latter provision of pay aver- dition of the civil service retirement sys- of a high-2 average, or of a high-3 aver- aging and, in order to be consistent, it tem-a program which is a vital part age have all been urged as remedies. Each is my understanding that a motion to of the Federal employment system, and of these would be more alvantageous recommit will be offered on the basis that one of paramount importance to the than the high-5 average from the view- this provision includes Members of Con- Government's millions of retired, active, point of most employees, of course, in gress. If the 3-year averaging provision and future employees and their families. that each would produce more favorable 15 limited to Federal employees and ex- The subcommittee's aim was to at- annuities. cludes Members of Congress, I will sup- tempt to recognize the problems result- On balance, it is my judgment that the port it. If it includes Members of Con- ing from past and present funding prac- high-3 average appears to be the best gress, however, I shall be compelled out tices, to resolve any doubts of the sys- available alternative from the stand- of conviction to support the motion to tem's financial integrity, and to develop point of both the Government and the recommit on that basis. a definite plan of action to insure its employees. Normal costs will be increased Increasing the salary and benefits for ability to fulfill its obligations. by 0.07 percent of payroll-from 13.86 Members of Congress, as I see it, is not The results of the indepth study most Percent to 13.93 percent-or $15.4 mil- the answer to the problem and, whenever assuredly attest to the fact that any lion annually-$7,7 million each from I have had.the opportunity to cast my doubt which exists as to the system's employees and agencies-but will be vote on this question, it has been against ability to meet future commitments is fully covered within the normal cost increasing Members' salaries and bene- attributable to funding practices that financing provision of section 102 of this fits. This was true during the last ses- have been grossly inadequate since the legislation: sion on the question of establishing the program's every inception in 1920. A continuing concern has been ex- so-called Presidential Commission on Federal employees have always con- pressed over the years that, while some Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 H 6219 1-1 6220 Approved For Release 2001/11/01 : CIA-RDP71B00364R00050016000 2 CONGRESSIONAL RECORD-HOUSE 271J 23, 1969 employees are heavy sick leave users Federalstaff retirement systems repre- creased and wages and salaries in indus- toward the end of their careers, many sent a mixture of insurance and humani- try continued upward. Annuitants who others retire with substantial balances tarian principles. In the matter of ad- had retired before the effective date of accumulated by virtue of conscientious jesting annuities after retirement, in- the 1956 act received a 10-percent cost- usage of the sick leave privilege. While surance practice would guarantee that of-living raise. Those retired later re- one-third of all retirements are for dis- whatever annuity an employee had ceived nothing under that act. ability-and such retirees are properly earned at the time of retirement should In 1962 a major effort was begun to entitled to the full protection provided be preserved without change. On the establish annuity adjustments on a sta- by their sick leave-the leave problem other hand, humanitarian considerations ble basis. The act of October 11, 1962, is brought within the scope of this legis- would urge that the welfare of the re- first established the principle that Fed- lation because the use of sick leave by tired person is the major concern, and eral civilian salaries should be eompara- employees otherwise planning to retire that annuities should be adjusted to ble with industry salaries for similar is creating difficulty for Federal agencies. changing needs. The latter theory has work, and new salary schedules took Recent studies indicate that there is a prevailed through congressional action; steps toward effecting the principle. The growing tendency, particularly among but putting theory into practice has act lsoies palishedithe annuitiespolicy t atd he State and municipal governments, to pro- proved difficult. vide some form of recognition for unused The level of benefits at the time of maintained by adjusting benefits auto- sick leave' at the time an individual re- retirement is established by a formula matically whenever the Consumer Price tires or dies while employed. In instances based on service and salary. The needs Index for a year exceeded the base year where a lump-sum payoff is provided, and desires of annuitants are influenced by 3 percent. At the same time, annuities this recognition frequently equals 50 per- by the cost of living and also the general for 1962 and earlier years were raised by cent of the cash value of the unused level of standards of living. When these 5 percent; and to supplement the effect leave. Statistics disclose that, since the variables are stable or declining, annuity of the 1962 increases on high-5 averages, adoption of such plans, overall sick leave adjustments are no issue; this was essen- annuities for 1963 were raised by 4 per- usage has declined from an average of tially true from 1920 to 1945. When the cent, for 1964 by 3 percent, for 1965 by however b ent, and roblems 2 t. Fur 8 to 7 is days not quite unique is demonstrated eases were that by th no the practice ie n practice in the Canadian ian Govern- continuously since the end of World ality retirees got thelbernefit of pre- ment's a retirement system of WThe Congress has tried a variety of vious increases. pay a salary and employee the e equivalent t of the The Consumer Price Index had in- period full seqequal to des ano his annuity ens sued sick benefits for leave. the theyCivil Service ltRetiem nteActAwas creased 118 percent from 1939 to 1962, T e bill provides a limited measure of passed in 1920, civilian salaries were ad- and while the Consumer Price Index recompense for unused sick leave by in- justed by the Classification Act of 1923 formula on d sa welcom i nn vat ts, its creasing the total actual service per- and a subsequent increase in 1925; but an auto formed by an employee-who retires on a retirement recomputation principle fell rbabarely n short of forcing them omat it 1965 and left wa an immediate annuity or dies leaving a was never adopted. In 1926 and 1930 new another year. survivor or survivors entitled to annuity formulas for computing benefits were ibenefIts-by the length of service repre- ntroduced. a of the calendar value of his un- retired were Increased tot he levels pro- n w The legislation Congress 1965. The bConsumer e used sick leave. An employee who has vided by the new formulas. Under the P ice index formula was increases orpro- met the age and service requirements for 1930 act the maximum benefit was $100 vid immediate retirement, such as one who a month, and most employees retiring Consumer s, foIndex rose by r ex- base period for months. The new formula guc- ample, will have his service increased by During the 1930's salary schedules were cessive erated an automobile increase of 4.6 calendar month for each 22 days of stable except for temporary flat percent- percent an all annuitants c 1965. In 4.6 unused leave; or a retired or deceased age cuts, and no changes were made in dition, the Congress arms provided 1965. non ad- employee who has accrued sufficient annuity formulas. The cost of living and increases of onz percent for clad service leave to be carried in a paid-leave status general standard of living declined. An- retirement annuitants who had retired for 1 year will be given retirement serv- nuitants were relatively well off and , ti who retired 19t an and a den percent cred ice credit of 1 calendar year. Conse- therefore annuity adjustments were no b efor re e October ent would would quently, the latter employee's annuity issue. those be computed upon 31 years of During World War II, wartime con- and December 31, 1965-an average of service. The additional service so trols ruled out any general action on justments percent of S3 9s qu n autom tic ad- granted, however, shall not be counted salaries and annuities alike. However, the $100 January 1, effective 1967 in determining for pay in attain- mone change was onth lid on annuities as removed in Mhave ay 1, 19 8, and as rec ntly March 1, ing eligibility for retirement. 69, This legislation embraces a change in favor of benefiting ntagerof hi employees average, 19If the present Consumer Price Index paid - eff ing the historical lea philosophy urly-thus .the ct since ing the sick leave ve system, and grants a which at the time meant those paid over it presumably wouldTha, eebeen suspend- e ion limited recognition to those employees $2,800 a year. In 1946 this provision was employees who of warti perio the during who have prudently utilized the sick had retired beforectheramendment was as a result of wa tiime controls. Af ter the leave ing privilege. It i s expected that by y war, however, it would have provided a centive an n additional in- passed' guide more effective than any then avail- be to benefit to conserve nserve sick leave, there will As a result of inflation during and the of to a bringing ea son able relation with the and b ploy es, generally,rto the use of the leave employees found themselves in a new back for Con rest of The world. the as it is oearned. cot will be fug such rther n- umerlPrice Indexrinc1946 stood 40 per- regained the roriiginal purchasing power, cruals, normal by 0.06 percent of payroll-from cent above the 1939 level. In 1951, with the formula would have maintained them 13.93 to 13.99 percent-or $13.2 million, a boost from the Korean conflict, it by prompt and equitable action when and living costs 1 better balance but will be fully covered within section an pr d production recovered civil- are in 10I of f this bill. action was taken to restore lost values, now, on the whole, than at any time in comttee that It is th such e additional onal of costs the will be sig- at least in part. the past, a notable deficiency continues nificantly offset by the savings gs resulting By 1956, pay schedules for most ac- to exist. A period of 5 months elapses from a reduction in the number of days tive employees, and annuities for new between the initial month in which the of average sick leave usage throughout retirees, had pretty well caught up with Consumer Price Index rises by 3 percent since . over the cost of-1 ving the Federal service. Again, I concur with the ever, national productivity still9in- month month the committee. Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 July 23, 1969 Approved For Release 2001/11/01: CIA-RDP71B00364R000500160004-2 CONGRESSIONAL RECORD --HOUSE adjustment is reflected in the annuity checks, During that elapsed period the Consumer Price Index continues its up- ward trend, generally attaining a level in excess of 1 percent of the actual per- centage rate of adjustment. In order to correct this serious de- ficiency in the adjustment formula and thereby compensate retirees and survivor annuitants for , the intervening incre- mental rises in the cost of living. H.R. 17682 will add 1 percent to all future percentage adjustments. For example, if the highest level attained during the 3- month measuring period equals 4 per- cent, an additional 1 percent will be added thereto and result in an auto- matic adjustment of 5 percent. Annual costs would be increased by approxi- mately $23 million on each occasion. Mr. Chairman, the above constitutes a synopsis of the views of the Committee on Post Office and Civil Service, with which I am pleased to join. Mr. Chairman, this bill (H.R. 9825) vigorously attacks a number of inequities presently existing in the civil service re- tirement system. I strongly feel that the Congress must meet its obligations to the millions of dedicated workers in the Federal service, I urge passage of this essential legislation. Mr. KEE. Mr. Chairman, I take this opportunity to thank my very dear friend of many, many years standing (Mr. CORSETT of Pennsylvania) for his courtesy in yielding. Mr. Chairman, I rise to commend Chairman DANIELS, and the members of the Subcommittee on Retirement, Insur- ance, and Health Benefits, and all of the members of the Committee on Post Office and Civil Service for reporting H.R. 9825, sound legislation now under considera- tion, which was cosponsored by 24 of 26 members of the committee. Under the wise and able leadership of our distinguished colleague (Mr. DANIELS), of New Jersey, we have before us legislation that deserves the unani- mous support of every Member of the House without amendment. This meas- ure was reported unanimously by the subcommittee, and by the full committee it was supported by a vote of 22 yeas and 1 present, and with not a single nay. Mr. Chairman, I submit to the Members of the House, this is an excellent example of bipartisan support. For 11/2 years, the subcommittee chaired by Mr. DANIELS has devoted full time and attention in extensive public hearings. Title I improves the financial condi- tion of the civil service retirement fund. Title IZ provides moderate liberaliza- tion, which will amply be covered by title 1. This is sound fiscal legislation. I should note that the employees of the executive branch of Government are by law required, to contribute to the fund. The members of the legislative branch, including Members of Congress and con- gressional employees, are the only Gov- ernment-employees who have the choice of choosing to participate or not to par- ticipate. Some do, and some do not. The choice is up to the individual alone. I might point out at this time that members of the executive branch, once they are appointed, even on a temporary basis, do contribute. But when they stay and they are qualified, for permanent civil service status, they have their jobs for their lifetime, as long as they per- form their assigned duties in an accept- able fashion. The Members of the House, however, have to go before the electorate, before the voters of our districts, twice every 2 years. We have to report to our people in our primary elections and in our gen- eral elections. Our congressional em- ployees are dependent upon our success. Without them, of course, none of us could be successful. Mr. Chairman, I should also like to add that our Nation was founded with the idea that our Nation would survive or fall upon the performance of the U.S. House of Representatives. This legislation is designed to fulfill this sacred obligation. As we look to the future, this measure, when approved, will serve to help attract some of the most capable and qualified citizens into public service. Because of this fact, our country will benefit. Therefore, Mr. Chairman, this legis- lation is an investment in the future of America. Mr. Chairman, I respectfuly, there- fore, urge every Member of this House, and I strongly beg and plead with every Member of this House, let us pass this measure unanimously, without a single amendment. Mr. CORBETT. Mr. Chairman, I yield such time as he may consume to the gentleman from Washington (Mr. PELLY). (Mr. PELLY asked and was given per- mission to revise and extend his re- marks.) Mr. PELLY. Mr. Chairman, this legis- lation to provide proper financing for the retirement fund is long overdue. Mr. Chairman, the question here, to my mind, is whether the good outweighs the bad. No one opposes the objective of H.R. 9825; namely, to improve the financing and funding practices of civil service retirement. For years I have called for legislation to eliminate the $57 billion deficit in the system. This title I of the bill would accomplish. But, by the same token title II of the bill would increase the unfunded liability, and I oppose that. Since I have been in Congress-which is more than 16 years-I have contrib- uted to the retirement fund almost $30,000. That fund for Members of Con- gress has a substantial surplus, I am in- formed. So I do not feel obligated to vote against more benefits for Members of Congress. But this is a civil service retirement for all Federal workers, and I feel constrained to look at it in that way. So, Mr. Chairman, when a vote comes-as I believe it will-to raise the employment from 71/2 percent to 8 per- cent I intend to support that effort to eliminate more deficit financing. I am for higher benefits but I want the program to be fully financed. I hope that amend- ment carries. I will pay 8 percent of my salary willingly for the liberalization of the program. Also I will support a reduction in bene- fits, if that is necessary to bring the fund into balance. But I support the objective of the bill. It is long overdue and its passage espe- cially title I is most desirable. Mr. CORBETT. Mr. Chairman, I yield such time as she may consume to the gentlewoman from Washington (Mrs. MAY). (Mrs. MAY asked and was given per- mission to revise and extend her re- marks.) Mrs. MAY. Mr. Chairman, I find it most objectionable that this bill contains provisions which would liberalize the retirement financing and benefits for Members of Congress. I submit that the people of this Nation will view this sec- tion of the bill as further special benefits which Members of Congress bestow upon themsleves. Mr. Chairman, can anyone doubt that the American people are upset about the 41-percent increase in pay that the House of Representatives allowed them- selves this year? And just before asking the people to submit to an extension of the income tax surcharge? As far as I am concerned, Mr. Chair- man, the provisions for Members of Congress In this bill are just as untimely as was the pay increase for Members earlier this year. It is possible that my opposition to benefits for Members of Congress may be construed by some as opposition to retirement financing improvements and benefits for civil service workers. This Is not so. I fully recognize the need to im- prove the situation of civil service em- ployees, and I have always supported those provisions of the bill. But I cannot in good conscience support a bill that retains these benefits for Members of Congress. It would be wonderful if our national economy _ and budgetary situation were such that we could do anything we wanted to do. We tried that for the past few years, Mr. Chairman, and as a result we are faced with economic catastrophe. To survive we must realign our na- tional priorities and a good place to start is right here in this Chamber. I will not vote for any bill that contains any monetary benefits for Members of Congress. Not with the taxpayers of this Nation being asked to tighten their belts and pay high taxes at the same time. Mr. FARBSTEIN. Mr. Chairman, I rise in wholehearted and enthusiastic sup- port of H.R. 9825, legislation to liberalize and reform the civil service retirement system. This bill takes a series of much needed steps in the direction of directly improv- ing benefits for recipients. The program currently computes retirement benefits on the basis of the average of the high-5- year salary. H.R. 9825 would substitute a high-three average computation for the present high-five; the cost of the in- creased benefits are taken into account in the financing provided by the bill. The high-three substitute is an especially welcome provision of the bill because it would assure that retirement benefits more closely resemble a person's final salary-which is generally also his high- Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 H 6222 est salary than does the present high- five computation. The civil service retirement program now increases retirement benefits to match cost-of-living increases 5 months after the consumer Price index rises by 3 percent. In order to compensate for this 5-month lag in providing retirees with increased benefits, H.R. 9825 provides that the cost-of-living increase paid to retirees would be 1 percent higher than the rise in consumer price index. Under present law, widows and widow- ers of Government employees may re- marry after age 60 and still receive an- nuities if their deceased spouses were employed after July 18, 1966. The bill under consideration would extend these benefits by applying this provision to all widows and widowers whose remarriage took place on or after July 18, 1966. H.R. 9825 makes an additional im- provement in the program by giving credit for unused sick leave. Presently, employees seem to use an inordinate amount of sick leave during their last year of service. In order to encourage them to accumulate it rather than use it unnecessarily, this bill would provide that accumulated sick leave would be given credit In the computation of retirement benefits. The cost for this provision, too, Is covered by the bill's financing provi- sions, though the committee reports that it believes that the savings resulting from the decreased use of sick leave would greatly offset the increased costs. This legislation would also put the civil service retirement program on a much sounder financial footing. The need for this legislation has been sorely felt for a number of years. If no changes are made in the benefits or the financing .of the program, it is forecast that the civil service retirement funds will have a zero balance in 18 years. Thousands of men and women have chosen to serve their country in one of the most direct possible ways; by work- ing for their national Government. As a legislator and also as a citizen, I am grateful to them. And I am anxious for them to have advantages similar to those they would receive In the private sector. The level and type of employee retire- ment benefits without doubt present one of the areas where the good Intentions and the ultimate fairness of the Govern- ment can be clearly judged. Up to this time, the judgment on the matter of equitable and sound retirement benefits would have gone against the Govern- ment. The Congress now has an oppor- tunity to reverse that judgment; I urge that we make use of that opportunity by passing H.R. 9825. Mr. FEIGHAN. Mr. Chairman, I sup- port H.R. 9825, which has tremendous significance for all Federal employees, legislation that will vastly strengthen and renew our confidence in the civil service retirement system. This bill will greatly Improve the financing and fund- ing practices of the retirement fund. Federal employees have consistently contributed to the Government's retire- ment since its inception in 1920 with the assumption that their contribution would be supplemented with allotments from the Government, thereby enabling CONGRESSIONAL RECORD --HOUSE July 23, 1969 then to live comfortably in their golden years. Now it seems that this hope for a comfortable retirement may be endan- gered due to a lack of sufficient moneys in the retirement fund. While the Gov- ernment has contributed substantial sums to the fund since 1920, It has failed to appropriate regularly and' systemati- cally, or on a concurrent basis, sufficient funds to meet the ultimate costs not cov- ered by employee contributions. Unfor- tunately, none of the several methods of financing proposed from 1920 through 1957 provided for an automatic reflection of the Government's share of retirement costs in annual appropriations. As the Committee on Post Office and Civil Serv- ice pointed out in its report: The stabilization of employment during the early fifties, combined with sporadic and inadequate employer contributions, made it apparent that as the system matured, annual trust fund revenues would soon be less than benefit payments. For these reasons, the deficiency, or the unfunded liability in the fund when computed for fiscal year 1969 is expected to have reached a level of $57.7 billion. To meet this deficiency, three major provisions are contained in H.R. 9825, which will dramatically alter the financ- ing of the system. The bill would raise Government and employee contributions to the civil service retirement fund from 6.5 to 7 percent and from 7 to 7'/2 percent for congressional employees. A second provision calls for costs of future un- funded liabilities from benefit liberali- zations, salary increases, and extensions of coverage to be met by the Govern- ment through appropriations to the fund in equal annual installments over a 30- year period. Third, the bill provides for appropriations to meet the Government's presently increasing unfunded liability in amounts equal to the interest on future accrued deficiencies. The possibility that the fund even- tually may be depleted demands our prompt action today. It is up to us now to take the necessary steps to insure a viable fund for the hundreds of thou- sands of dedicated Government em- ployees who comprise our federal system. Along with the above provisions, H.R. 9825 is designed to increase substan- tially the retirement benefits available to Government employees by computing retirement annuities on the highest 3 in- stead of the present 5 years of average salary and granting civil ~ ervice employ- ees credit at retirement for unused sick leave. It was disclosed during the commit- tee's consideration of H.R. 9825, that there is a growing tendency, particularly among State and municipal governments, to provide some form of recognition for unused sick leave at the time an individ- ual retires or dies while' employed. Such a policy has acted as an Incentive to employees to conserve their sick leave in anticipation of applying this unused time to their length Of service when computing retirement benefits. The bill provides that unused sick leave shall not be counted in determining average pay or in attaining eligibility for retirement. This provision has long been a goal of the Government employee unions and would guarantee that those employees who have judiciously utilized their sick leave will receive adequate compensation in their retirement years. ti Federal employees nationwide are eagerly awaiting congressional action on this bill and are universal in their hopes for prompt passage of comprehensive reform legislation. I urge my fellow Members to give their full support to the provisions of this bill, Mr. LEGGETT. Mr, Chairman, as a matter of fiscal integrity and common- sense, the House should pass H.R. 9825. This is a very well-structured bill that both puts the civil service retirement trust fund on a fiscally sound basis as well as providing increased benefits for retired personnel. Title I of this act proposes a positive plan of action to solve the problem of financing the system by improving past and present funding practices which have proven to be inadequate. It is not the employee contributions which have caused the present troubles, but rather, the method of computation of agency contributions. By the end of this fiscal year, the unfunded liability of the sys- tem will be over $48 billion. Under the present financing system, the unfunded liability will continue to grow by more than $1.5 billion each year. If the sys- tem is continued disbursements will out- strip revenues by 1974. At the present time there is a balance of somewhat more than $17.1 billion in the trust account. This balance willl be totally depleted by 1987 under the current contributory sys- tem. Although total collapse of the civil service retirement system is still 18 years away, it is incumbent upon us to take remedial action now so as to avert the consequences which are so clearly indi- cated. While Government employees have al- ways contributed their share to the fund, the Government has not appropriated sufficient sums with any regularity, and the sums so contributed. have not been sufficient to meet the portion of accrued costs attributable to the Government contribution account. While I have already pointed out that the fund is still sufficient to meet pres- ent and immediately future obligations, the laxity in Government contribution has resulted in a loss of possible interest which now amounts to $1.7 billion per year. This is not the whole story however. While the fund can meet existing obli- gations, acturisl studies indicate that at the present time-right now-no funds exist in respect of nonretired persons, whether to their accrued annuities or as to their own accumulated contributions. A private insurance company certainly could not operate in this manner and re- tain its license. I see no reason why the Federal Government should be auto- matically entitled to a stance of fiscal irresponsibility. It is contended, however, that modern economists generally accept that Federal retirement systems, backed by the "Full Faith and Credit of the United States" need not accumulate reserves to the same extent that are required of private pen- Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 -Approved For Release 2001/11/01 CIA-RDP71B00364R000500160Q04-2 July 23, 1969 CONGRESSIONAL RECORD - HOUSE H 6223 sion plans. This concept may be valid, and is certainly necessary when we are involved with mandatory spending pro- grains in which deficit financing is the only alternative to no program at all. Here however, we are presented with a financial package which will go far to reduce the expected deficit in the trust fund without dislocating any other op- tions. The ultimate conclusion is clear. If title I is not passed, the future defi- ciencies will have to be met by annual appropriations in addition to employee and agency contributions. Title I offers a solution which must be-accepted. Title II of this bill provides for certain limited increases in benefits, both cash and otherwise. It is the title II programs which have generated an enormous amount of mail to my office. This mail is overwhelmingly in favor of the bill, and I am sure that most of my colleagues share this experience. I fully support that section of the bill providing that the re- tirement annuity be based on the high 3-year average rather than the present high 5-year average. The present 5-year standard tends to keep Government em- ployees on the job beyond the age when they would normally retire, is not con- sistent with retirement schedules now becoming prevalent in industry, and does not necessarily reflect the rationale be- hind the program-which is to reward the Federal employee in a manner com- mensurate with his contribution to the Government. Equally valuable is the section of the bill providing a credit for unused sick leave. This section is the most morally justifiable provision in the bill, for it rewards those persons who have shown a 'competence and responsibility far above that of the average civil service employee. At present, unused sick leave is forfeited if not used. It has been com- mon for many employees to use up their accrued sick leave prior to retirement. This, of course, results in long absences from work, and in the case of agencies jln-Ller hiring curbs, work not completed. Many of the conscientious and often high level ,employees recognize their responsi- p.bilities however, and do not take advan- '- take of their accrued sick leave. When the retirement date arrives they must .forfeit this leave. In essence, the present system penalizes the competent employee and rewards the irresponsible employee. It 15. argued that inclusion of this sec- tion will set a bad precedent, and that inclusion of this, section implies that the present sick leae policy is being abused. I think t4 e- pesent policy is being abused. Agency reports confirm this. While .th purpose of sick leave is to provide income for a certain amount of time for l qse employees who are absent from worr*, ue to illness, experience clearly shos that as many employees reach retirement, they go through long periods of "illness" and then experience a quick recovery upon separation. Con- trary to the supplemental views in the committee report, I do not feel that in- elusion of this section will result in em- ployees reporting for work if they are sick in order to gain the credit. Crediting unusued sick leave will in all.. Probability result in increased effl- ciency as the long-term employee will have the incentive to continue active work up to the time of official separation. in conclusion, I am convinced that H.R 9825 is a well thought out package which will stabilize the present chaotic system and provide the necessary bene- fits that have been lacking and which are certainly due the Federal employee. Mr. F{ILBERG. Mr. Chairman, it is with a great deal of pride and a sense of relief that I rise today to give my support of H.R. 9825. I am sure all my colleagues will agree that the bill was a long time getting to the floor and those of us who have cosponsored the legisla- tion are just plain glad it is here now, I am hopeful that we will pass this bill again this year as we did at the end of the 90th Congress. When it is enacted, it will insure the solvency of the civil service retirement system and make some improvements in that system which are long overdue so that it. will be more modern and capable of meeting the present and future needs of our re- tired civil servants. I believe that maintenance of the civil service retirement system is one of the most important responsibilities of the Congress. It is an essential part of the modern employment system which we have tried to develop to attract and keep employees of the highest caliber to con-, duct the complex business of Govern- ment. Enactment of H.R. 9825 will con- tribute greatly to the financial security of the many past civil servants and their families as well as to future retirees. It will represent a landmark in our ef- forts to maintain the system and remove any doubt as to the retirement fund's ability to meet its commitments to our Federal civil servants. The results of a comprehensive study conducted by the Committee's Subcom- mitt?e on Retirement, Insurance, and Health Benefits testifies to the need for this legislation. Federal employees have always contributed the full amount to the fund but, while the Government has contributed substantial amounts, it has failed to appropriate regularly and sys- tematically sufficient amounts to meet the ultimate cost of the system which are not covered by employee contributions. At the end of the 1968 fiscal year, the unfunded liability of the system had ap- proached $55 billion. If we do not pass this bill, under current system funding practices, this unfunded liability will continue to grow at the rate of $2 billion per year. When the latest salary statute was implemented and Federal salaries at last in most cases came within strik- ing distance of comparability, this coupled with cost-of-living increases for annuitants increased the unfunded lia- bility to about $60 billion. The need for action is evident and I am confident that we will decide overwhelmingly to take that action today and approve this bill. Mr. Chairman, I am alarmed that the Bureau of the Budget recommended against enactment of some provisions of this bill specifically those which would liberalize existing benefits in the follow- ing ways: First, gross earnings, rather than basic pay should be used in deter- mining retirement benefits and deduc- tions; second, average salary for annuity computation purposes would be deter- mined on the basis of 3 rather than 5 years of service; third, unused sick leave would be added to actual length of serv- ice in. computing annuities; fourth, an extra 1 percent would be added to each annuity increase resulting from changes in the consumer, price index; and fifth, amendments which permit continuation for the annuity when a surviving spouse remarries after reaching age 60, and restoration of annuity upon termination of a remarriage which occurred before age 60, would be made applicable to all cases in which remarriage occurs after July 17, 1966. I support all these provisions and I hope that my colleagues feel likewise. Enactment of this legislation is abso- lutely necessary to the continued effi- ciency of our Government. Mr. FASCELL. Mr. Chairman, today we consider what I am sure will be one of the most worthy bills to come before this session of Congress. Basically, it is legislation to provide just retirement benefits for our Federal employees, and improve the funding of the civil service retirement program. I am sure that there will be general agreement on the objectives of this leg- islation. I have cosponsored a bill, H.R. 10219, identical to the measure before us, and so have many other Members. The need for this type of improvement is clear and compelling, for it is imperative that we provide adequately for the retirement of career Government workers who have devoted their lives to public service. H.R. 9825 is a "clean bill" in that it is a final version of similar legislation which has long been studied by this body. It incorporates refinements and improve- ments which reflect the extensive consid- eration devoted by the Congress to this field. No Senate action was taken on the similar bill passed unanimously by the House in the last Congress, but in view of the increasingly severe hardship caused on retirees by inflation, I feel con- fident that the other body will be in a . more receptive mood this year. One of the best elements of this bill is its provision reducing the average pay computation period to 3 years from the present 5 years. This provision is strongly endorsed by employees and their profes- sional organizations, and it deserves our wholehearted support. It is needed in part because of the recent pay increases we have enacted to bring Federal em- ployee salaries into closer comparability with private enterprise salaries. It would do little good for thousands of valuable Government employees if we raised their pay briefly before retirement, then com- puted their retirement income based on 5 years of previous salaries that were admittedly inequitable. Justice demands that we at least reduce the computation period to 3 years so that the pay increases which we found to be justified are taken into better account. During this period of rapid escalation, those whose pay has finally been brought to comparability with the rest of the Nation should not be penalized by con- tinuation of the 5-.year base period. This long a period overlooks the rapidly Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 CONGRESSIONAL RECORD - HOUSE July 23, 1969 changing nature of the Government pay structure and our efforts to upgrade Fed- eral salary levels. The other provisions of this measure are also sound. By adding unused sick leave to the length of service of an em- ployee who is retiring or has died while employed, for example, we are justifiably rewarding the employee's good work and attendance record. This provision will add a significant incentive for employees to not "use up" all of their allowable sick leave during their years of service and should result in large savings to the Government. To help pai? for the increased benefits, the bill adds an extra 1 percent to the rate of employee and agency contribu- tions to the retirement fund. This con- tribution would rise to 71/2 percent from the present 61/2 percent, but I feel that the overwhelming number of our Govern- ment employees will be happy to share this additional burden in view of the higher benefits they will eventually re- ceive. As one who has supported an ade- quate civil service retirement program throughout his congressional service, I enthusiatiscally endorse this legislation. I hope and expect that we can win its final enactment in the current Congress, thereby meeting our responsibilities to our faithful Federal employees. Mr. BIAGGI. Mr. Chairman, I would like to express my complete and enthusi- astic support for H.R. 9825. This bill will effectively ameliorate our present civil service retirement system. That this program needs improvement Is quite obvious. The unfunded liability of the system was $18.1 billion in 1958, and jumped to $57.7 billion at the close of fiscal year 1968. At this terrifying rate of increase, it is anticipated that if no changes are made in the law, the civil service retirement trust fund will have a zero balance in about 18 years. To preclude such a dire financial crisis, H.R. 9825 utilizes a three-pronged ap- proach to the problem. First, and of greatest importance, the bill provides for payment of the interest accruing on the $57.7 billion. This would be accomplished by paying 10 percent of the interest in 1970, 20 percent In 1971, 30 percent in 1972, et cetera, until 1980 when all of the interest would be paid up. In such a man- ner, the astronomical growth of the un- funded liability would be stopped since the interest Is what is responsible for the major increase of this deficit. Second, the bill would assure any in- crease in principal that may occur through further liberalization of the program would be paid for by the Gov- ernment in 30 equal annual installments. In order to fund the above two fi- nancial improvements, H.R. 9825 would raise employee and agency payroll con- tributions one-half of 1 percent, from 6'/2 to 7 percent. This contribution in- crease would be effective January 1970. In addition to promoting a health fi- nancial situation, H.R. 9825 would also considerably improve the benefits derived from the civil service retirement pro- gram. There are four of these major im- provements. First, the bill calls for an increase in benefit payments 1 percent greater than the rise in the cost of living. 'this would alleviate the present lag in the timing of the benefit increase since it takes at least 5 months before the increase takes effect. Since the cost of living generally goes up month by month, this 5-month lag in increase can sometimes be most serious. Second, the bill will provide for the restoration of benefits to certain remar- ried widows who are denied 'them only because their spouse died or retired be- fore July 18, 1966. The third benefit improvement which II.R. 9825 would make is to change the number of years of high salary from 5 to 2 on which retirement benefits are based. In this way, the retirement benefits would be more closely related to the sal- ary at time of retirement-normally the highest-and would lessen the tendency of employees to postpone retirement In- definitely. Finally, the bill would provide that in the computation of annuities credit would be given for unused sick leave ac- cumulated by an individual at the time lie retires. This would of course encour- age employees to accumulate sick leave rather than to use it unnecessarily, par- ticularly as some do during their last year. For all of these important and signifi- cant reasons, I heartily endorse H.R. 9825. Thank you. Mrs. GREEN of Oregon. Mr. Chair- man, I rise in support of legislation being offered to the House today by my disinguished colleague DOMINICK DAN- IELS and the hard-working members of the Subcommittee on Retirement, Insur- ance, and Health Benefits. It is a special pleasure to support H.R. 9825. Chairman DANIELS and his col- leagues have engaged during the last year and one-half in the sore of con- scientious and thorough preparation of legislation that is a credit to all of us in the Congress. The subcommittee has conducted a searching examination of the civil service retirement program, and the result of that study is an admirable piece of legislation which deserves the wholehearted support of everyone in this Chamber. The Federal Government must be able to attract and retain the most dedicated and best prepared people in the Nation. And those people who enter Government service have every right to expect ade- quate retirement payments in return for their years of service. Thus, this legisla- tion is another investment ! in efficient government and in dedicated people. Moreover, I cannot emphasize enough that the Congress must be more respon- sive to the needs of our senior citizens generally. There are thousands of older Americans who live in real poverty. And there are millions of older Americans who subsist on the most meagre of re- sources: budgeting themselves rigidly so that they may take an afternoon bus ride, or buy a Sunday newspaper, or a new pair of shoes. This is an unaccept- able living situation; and I contend that the poverty of the aging in, America is assuredly the most unnoticed-but in many ways the most compelling. Theirs is the worst poverty of all, for it is com- panion to the loneliness of silence. If the House would take an important step toward reassuring the American people that it will not tolerate economic deprivation among the elderly, this body will authorize the provisions of H.R. 9825, which will make our retirment pro- gram for Federal employees financially secure, adequate in payments to retirees, and equitable in structure. Specifically, the House will have addressed itself to the financial necessities of Government employees in their later years. But in the larger framework, the House will have indicated its concern and determination to insure financial security for all of our older citizens. This bill puts the retirement fund on a sound basis through an improved pro- gram of financing and funding. In meet- ing the need for resources, H.R. 9825 increases the rate of employee and em- ployer oontributians from 6'/2 to 7'/a percent. Important improvements are made in retirement benefits. The average pay computation period is reduced from 5 years to 3 years. The bill takes a realistic approach to the rise in the cost of living and the inadequacy in the adjustment formula. Unused sick leave is added to length of service of an employee who is retiring. H.R. 9825 was thoughtfully prepared. It is a practical response to the retire- ment needs of Federal employees. H.R. 9825 deserves the immediate attention and support of both House. Mr. MIZELL. Mr. Chairman, I rise in support of the amendment offered by my colleague from Alabama, Mr. JOHN BUCHANAN. I think his bill would completely elimi- nate the controversy which surrounds this piece of legislation. I do not think that we should do anything at this time that would lead the citizens of this cour-_ try to believe that this body is voting spe_ cial privileges for themselves, so t'nere- fore, I favor Congressman BUCHANAN'S amendment to base the retirement for Congressmen on 5 years of service in- stead of at the 3 highest salaried years as is proposed in the bill. The purpose of this legislation should be to strengthen and improve the retire- ment for civil service employees and not special benefits for Congresmen. I urge the passage of this amendment which I think would greatly improve the bill and make it more acceptable. Mr. FRASER. Mr. Chairman, I wish to state my strong support for H.R. 9825, to strengthen the civil service retirement system. This bill which sets new and lib- eralized retirement benefits is, in my opinion, absolutely necessary. At a time when we must, more than ever, attract and hold competent indi- viduals in the civil service, we must build a retirement fund that is on a par with the best of labor unions and private in- dustries. Certainly, we cannot allow Gov- ernment employees to suffer from sub- standard pension programs, Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 July 23, 1969 Approved For R(:OEOSOSIONAL:gR~71 B d6U 000500160004-2 The report of the Post Office and Civil Service Committee noted that the defi- ciency in the retirement fund will reach $57.7 billion this year. By 1975, the dis- bursements, because of the increased number of eligible people, will skyrocket beyond the income level, which will re- main relatively static over the next 6 years. If we would allow such a situation to develop, the soundness of our civil service system would reach a low point. I also would like to express special sup- port for that provision of the bill which provides for an adjustment of the bene- fits to the cost of living. The inflation we are currently experiencing has made us painfully aware of the suffering of those living on fixed incomes and pen- sions. Is this a proper reward for years of faithful Government service? The Post Office and Civil Service Com- mittee has worked long and hard in pro- ducing such a fine piece of legislation. I urge the immediate adoption of this bill. Mr. BROYHILL of Virginia. Mr. Chairman, I rise to endorse with all the vigor at my command and to urge pas- sage of the legislation we are considering today, to improve both the financing and benefits of the civil service retirement On March 13, 1969, I urged the Con- gress to give the earliest consideration to H.R. 770, predecessor of H.R. 9825, in- troduced on the first day of this Con- gress by the distinguished gentleman from New Jersey (Mr. DANIELS). On that same day I introduced a companion bill, H.R. 8924, to add to -my verbal support for this legislation. When the bill under Consideration to- day, H.R. 9825, was reported by the Subcommittee on Retirements, I again added my support to this revised bill by cosponsoring another companion bill, H.R. 10219, on April 16, 1969. Needless to say, Mr. Speaker, I am very much interested in this Congress taking the necessary steps to insure the financial soundness of the civil service retirement fund and to improve benefits to annuitants under the civil service re- tirement system. The chairman and members of the Committee on Post Office and Civil Serv- ice are to be commended for the more than 2 years of work they have done in formulating this legislation and bringing -H.R. 9825 to the floor of the House. The modifications of the original bill have been minor, and I believe they insure its passage by both Houses of the Congress. The soundness of the fund is insured by raising the deduction from an em- ployee's base pay from 61/2 to 7 per- cent for classified employees and from 61/2 to 71/2 for Members and employees -of the Congress. With the fund now over $55 billion in the red, the need for this increase is obvious, as is the like in- crease in the_ Government's employer contribution. The high 3-year average in de- termining base pay for annuity compu- tation purposes rather than the previ- ously enacted high 5-year average is completely justified and long overdue, as is the provision that unused sick leave can be added in computing the employee's total actual, service performed for an- nuity computation. Finally, a 1 percent addition to all future automatic cost-of- living adjustments will go a long way toward bringing Federal annuities up to the level we would hope to provide for our retired civil service employees. Mr. Chairman, H.R. 9825 provides for urgently needed improvements in our civil service system, and I urge our col- leagues to support it. Mr. CORBETT. Mr. Chairman, we have no further reuqests for time. Mr. DANIELS of New Jersey. Mr. Chairman, I rise at this time merely to state I have no further requests for time, and to take this opportunity to express to Members ' who have participated in this debate my gratitude, and also the gratitude of the subcommittee for their serious concern over this very vexing problem we face here today. The budgetary impact of solving the problem has resulted in congressional, as well as Executive, hesitation; so we have gone much further today in trying to solve this problem than, we ever have done before. I think we have before us a program for the financing of the Retirement Fund which is very sound and businesslike. I urge all Members of the House on both 1I 6225 ployees and Members currently subject to this subchapter and of future agency contri- butions to be made in their behalf; plus "(B) the present value of Government pay- ments to the Fund under section 8348(f) of this title; plus "(C) the Fund balance as of the date the unfunded liability is determined.". Mr. BENNETT. Mr. Chairman, I move to strike the last worst. Mr. Chairman, at this time I should like to outline an amendment which I shall offer to this bill. It is not a crip- pling amendment; it is a perfecting amendment. It is one recommended by the U.S. Civil Service Commission. (Mr. BENNETT asked and was given permission to revise and extend his re- marks.) Mr. BENNETT. Mr. Chairman, the purpose of this amendment is to provide for one case I know of, which, has been brought to my attention, of a constitu- ent of mine who received advice in writ- ing from an employee of the Civil Serv- ice Commission, acting for the Commis- sion, that she would not forfeit her pen- sion if she remarried. She has a letter to that effect. The Civil Service Commis- sion regrettably acknowledges that now she has had her pension cut off, since she remarried relying on this statement. The ments. The CHAIRMAN. There being no fur- ther requests for time, the Clerk will read. The Clerk read as follows: H.R. 9825 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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: Mr. SCOTT. Mr. Chairman, I ask unanimous consent that the bill be con- sidered as read, printed in the RECORD, and open to amendment at any point. The CHAIRMAN. Is there objection to the request of the gentleman from Vir- ginia? Mr. GROSS. Mr. Chairman, I object. The CHAIRMAN. Objection is heard. The Clerk will read. The Clerk read as follows: "(17) `normal cost' means the entry-age normal cost computed by the Civil Serv- ice Commission in accordance with generally accepted 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 liability' 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- Notwithstanding the prohibition con- tained in the first sentence of this section on the payment of annuity for any period prior to the enactment of this section, in ,any case in which the Civil Service Commission de- termines that- (1) the remarriage of any widow or widower described in such sentence was entered into by the widow or widower in good faith and in reliance on erroneous information provided in writing by Gov- ernment authority prior to that remarriage that the then existing survivor -annuity of the widow or widower would not be ter- minated because of the remarriage; 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, begin- ning as of the effective date of the termina- tion because of the remarriage. As I have already mentioned, the Civil Service Commisison has passed on this matter. Despite the fact that I have in- troduced a private bill to accomplish this same result, they feel it ought to be rem- edied in this bill. They prefer it be rem- edied in this bill. So, at a later time, when we reach the proper point in the discussion, I shall offer the amendment. Mr. DANIELS of New Jersey. Mr. Chairman, will the gentleman yield? Mr. BENNETT. I am happy to yield to the gentleman from New Jersey. Mr. DANIELS of New Jersey. I hap- pen to be in possession of a report of the U.S. Civil Service Commission with re- spect to the private bill. the gentleman introduced, H.R. 10356, and in substance the Civil Service Commission states that this lady acted like a reasonable and prudent person, that she made inquiry of the civil service examiner and received an opinion in writing. I further understand that an aide in the gentleman's office who was consulted by this lady, Mrs. Hicks, also made in- quiry of the Civil Service Commission and Approved For Release 2001/11/01 : CIA-RDP71 B00364R000500160004-2 Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 CONGRESSIONAL RECORD - HOUSE Ju likewise was advised that if she remarried her annuity would not be cut off. Under those circumstances, since she remarried and under the law lost her annuity, I believe it not more than fair and reasonable and in justice to this woman that we should make an excep- tion in this case for this particular in- dividual, who received an opinion in writ- ing from a governmental agency. In such a case what more could one expect a private individual to do? She did what I think is a far, reason- able, and sensible thing, and in justice to her we ought to allow this amendment. Mr. BENNETT. I thank the gentleman very much. I will offer the amendment at the proper time and at that time I will ask the minority to accept it, The CHAIRMAN. The Clerk will read. The Clerk read as follows: SEC. 102. (a) Section 8334 of title 5, United States Oode, is amended--- (1) by amending subsection (a) to read as follows : "(a) (1) The employing agency shall deduct and withhold 7 percent of the basic pay of an employee and 71/2 percent of the basic pay of a Congressional employee and a Member. An equal amount shall be con- tributed from the appropriation 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 establishment. When an employee in the legislative 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 contributed from the appropriation or fund used to pay the employee. "(2) The amounts so deducted and with- held, together with the amounts so con- tributed, 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 interest an amount equal to the following percentages of his basic pay received for that service: Service period "Percentage of basic pay: Employee: 21/2-August 1, 1920, to June 30, 1926. 31/2-July 1, 1926, to June 30, 194:2. 5-July 1, 1942, to June 30, 1948. 6-July 1, 1948, to October 31, 1956. 61/2-November 1, 1956, to De-ember 31, 1969. 7-After December 31, 1969. Member or employee for Congressional employee service: 21/2-August 1, 1920, tc- June 30, 1926. 31/2-July 1, 1926, to June 30, 1942. 5--July 1, 1942, to June 30, 1948. 6-July 1, 1948, to October 31, 1956. 61/2-November 1, 1956, to December 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-After October 31, 1956, Notwithstanding the foregoing provisions of this subsection, the deposit with respect to a period of service referred to in section 8232(b) (6) of this title performed before January 1, 1969, shall be an amount equal to 55 percent of a deposit computed in ac- cordance 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- i1) by amending subsection (a) to read as follows: "(a) There is a Civil Service Retirement and Disability Fund. The Fundw- "(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 under 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 Com- mission in connection with the administra- tion of this chapter and other retirement 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 11(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 equal annual in- stallments over the 30-year period beginning at the end of the fiscal year in which the statute is enacted, with interest computed it the rate used in the then most recent value- tion of the Civil Service Retirement System and with the first payment thereof due as of the end of the fiscal year in which the statute is enacted. "(g) At the end of each fiscal year, the Commission shall notify the Secretary of the Treasury of the amount equivalent to in- terest on the unfunded liability computed for that year at the interest rate used In the then most recent valuation of the System. 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 the amounts equivalent to in- terest on the unfunded liability: 10 percent for 1971; 20 percent for 1972; 80 percent for 1973; 40 percent for 1974; 50 percent for 1975; 60 percent for 1976; 70 percent for 1977; 80 percent for 1978; 90 percent for 1979; and 100 percent for 1980 and for each fiscal year thereafter. The Commission shall report to the President and to the Congress the sums credited to the Fund under 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 be- come 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(e) of title 5, United States Code, is amended by striking out "on a normal cost plus interest basis". SEC. 105. The proviso undet the heading "CIVIL SERVICE COMMISSION" and under the subheading "PAYMENT TO CIVIL SERVICE RETIREMENT 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 SERVIOE RETIREMENT BENEFITS SEC. 201. Paragraph (4) (A) of section 8331 of title 5, United States Code, is amended by ?3, 1969 striking out "5 consecutive years" and in- serting in lieu thereof "3 consecutive years". 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 para- graph immediately below paragraph (4) : "(5) days of unused sick leave credited under section 8339(m) of this title.". SI:c. 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;": and (3) 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, without regard to the limitations imposed by subsection (e) of this section, the days of unused sick leave to his credit, except that these days will not be counted in de- termining average pay or annuity eligibility under this subchapter.". SEc. 204. Subsection (b) of section 8340 of title 5, United States Code, Is amended by inserting "1 percent plus" immediately after the word "by". SEC. 205. The provisions of subsections (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 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 rea- son 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. SEC. 206. (a) The amendments made by sections 201, 202, and 203 of this Act shall not apply in the cases of persons retired or otherwise separated prior to the date of en- actment of this Act, and the rights of such persons and their survivors shall continue in the same manner and to the same extent as if such sections had not been enacted. (b) The amendments made by section 204 of this Act to section 8340 of title 5, United States Code, shall apply only to determina- tions of amounts of annuity increases which are made under such section 8340 after the date of enactment of this Act. Mr. DANIELS of New Jersey (during the reading). Mr. Chairman, I ask unan- imous consent that further reading of the bill de dispensed with, that it be printed in the RECORD and be open to amendment at any point. The CHAIRMAN. Is there objection to the request of the gentleman from New Jersey? There was no objection. AMENDMENT OFFERED BY MR. DERWINSKI Mr. DERWINSKI. Mr. Chairman, I of- fer an amendment. The Clerk read as follows: Amendment offered by Mr. DERWINSKI: On page 3, line 9, strike out the word "and" and insert in lieu thereof a comma, Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 July 23, 196'`'..,...w "yC(~SNGRESSIOIVAL RECORD -HOUSE w-- - v On page 3, line 10, strike out the word "and" and, insert in lieu thereof a comma and the following: "and 8 percent of the basic pay of". On page 4, immediately below "71/2---- Af- ter October 31, 1956." insert the following: "8____After December 31, 1969.". Mr. DERWINSKI. Mr. Chairman, this amendment is fairly simple and self-ex- planatory. It would merely raise to 8 per- cent the figure upon which the basic pay of a congressional employee or Member shall be subject to deduction and contri- bution to the fund. We have had all sorts of statements made this afternoon by Members wish- ing to have this fund as strong as pos- sible and also to make the most equitable contribution possible. I understand that this amendment is supported by the ranking member of the full committee on the minority side, and therefore I hope it will be accepted by the floor managers of"the bill and that we can move on expeditiously to other items. Would the gentleman from Pennsyl- vania care to comment on this? Mr. SCOTT. Will the gentleman yield? Mr. DERWINSKI. I will in just a mo- ment, but first I would like to get the attention of the gentleman from Penn- sylvania (Mr. CORBETT), because I un- derstood him earlier to support such a provision. Mr. CORBETT, Mr. Chairman, will the gentleman yield? Mr. DERWINSKI. Yes. I am glad to yield. Mr. CORBETT. The gentleman from Virginia was going to ask if your amend- ment did not include congressional em- ployees as well as Members. Mr. DERWINSKI. Yes, it does. Mr. CORBETT. I can inform the gentleman that the amendment I spoke in support of earlier only included Mem- bers. Now, I will go that far with the gentleman from Illinois but not the whole way. Mr. DERWINSKI. Well, then, perhaps the gentleman could offer a substitute to my amendment to strike the congres- sional employees from my amendment and then we would be in perfect harmony and could accept it and go on from here. Mr. CORBETT. If the gentleman will yield further, I believe that this proposal only becomes fair if the 3-year formula is continued in the bill for Members. So at this particular time, with the possibil- ity that the 3 years might be stricken from the bill, I could not support the amendment. I will take a position on the matter when I find out that the fate is of title II. I think the .gentleman's amendment comes just at the wrong time. Mr. DERWINSKI. May I say I believe the gentleman from Pennsylvania is an excellent tactician even though I may not necessarily concur in his strategy. But I think this is, an amendment which as I stated earlier is self-explanatory by mak- ing the contribution for congressional employees and Members 8 percent in order to alleviate a great deal of criticism that might come from what I might say the fourth estate. I, therefore, hope the amendment will have the quick support of the member- ship. H 6227 Mr. GROSS. Mr. Chairman, will the Mr. GROSS. Mr. Chairman, will the gentleman yield? gentleman yield? Mr. DERWINSKI. I yield to the gen- Mr. DERWINSKI. I yield to the gen- tleman from Iowa. tleman from Iowa. Mr. GROSS. Does the gentleman have Mr. GROSS. I thank the gentleman for a copy of his amendment at hand? yielding. Mr. DERWINSKI. Yes. I have in hand a letter from Mr. An- Mr. GROSS. Would the gentleman drew Ruddock, Director of the Bureau of read the copy of his amendment which, Retirement of the U.S. Civil Service I believe, refers to page 4, between lines Commission, in which he says this: 7 and 8. We estimate the total cost of the present Mr. DERWINSKI. At page 4, immedi- retirement provision for Members of congress ately below "71/2-After October 31, will be about 25 percent of payroll. 1956," insert the following: "8-After In other words, if the Members of December 31, 1969." Congress were to pay what the Civil Mr. GROSS. That does not include Service Commission says is their share legislative employees. of the cost of payroll, they would be Mr. DERWINSKI. Let me review the paying 12.5 percent. language in the bill on page 3, line 10- Mr. DERWINSKI. Mr. Chairman, I that Is right. The gentleman is correct- innocently, of course, added a new con- ing me properly. troversy to this bill, and that is why I Mr. GROSS. Yes; this is the amend- would think we were at the point now ment that the gentleman from Pennsyl- where the members of the subcommittee v'ania (Mr. CORBETT) said he wanted to and the full committee, having recog- introduce and wanted to support. nized for months the problems that they Mr. DERWINSKI. Excuse me. I mis- have, and presumably because of those read the amendment. It was my inten- problems have withheld floor action on tion, in order to help the gentleman from this bill, might not just drop title II and Pennsylvania, to offer the very amend- solve the whole controversy. ment that he has said he would support. Mr. DANIELS of New Jersey. Mr. That is why I wanted the gentleman's Chairman, I rise in opposition to the attention. You may say this is a "Corbett amendment offered by the gentleman proposal misinterpreted by DERWINSKI." from Illinois. It does the very thing that the gentle- Mr. Chairman, as I stated originally man from Pennsylvania will do and at when I took the floor today, the Sub- this time I presume I have his support. committee on Retirement Insurance and Mr. HAYS. Does the gentleman not Health Benefits made an in-depth study think the request of the gentleman from of this legislation. It conferred with the Pennsylvania (Mr. CORBETT) was a rea- heads of the governmental agencies such sonable request? You are increasing the as representatives of the Civil Service contribution in title I. Title II is wiped Commission, the Bureau of the Budget, out. Why should we pay more into a fund and the General Accounting Office, not that is already stable, one where we are only in the present administration, but paying sufficiently into it now for Mem- in the prior administration, and they bers of Congress? fully endorse the financing approach The CHAIRMAN. The time of the gen- undertaken by this bill, the three- tleman from Illinois has expired. pronged approach, one of which is the (By unanimous consent (at the request increasing of the employees' contribu- of Mr. HAYS) Mr. DERWINSKI was allowed tion from 6.5 to 7 percent, with a like to proceed for 2 additional minutes.) increase on the part of governmental Mr. HAYS. Mr. Chairman, will the agencies, making a total of 14 percent. gentleman yield? It was reported to our committee, and Mr. DERWINSKI. Yes, certainly. it is undisputed, that the normal cost Mr. HAYS. I think the gentleman for carrying the retirement benefits should withdraw his amendment and comes to 13.86 percent. So by virtue of offer it at a later time when we see what each employee and his employing agency happens to this 3-year thing. He might contributing a like sum, we have a total get an acceptance of it. of 14 percent, resulting in a surplus of I made a study of this, as the gentle- fourteen one-hundredths of 1 percent, man knows, in connection with the For- It was for that reason we have had eign Service retirement last year, and the problem in title II. I am assured found that, although the members' pen- by all the witnesses who have appeared- sion fund is not separate, it has made a and there is not a bit of testimony in profit of about 100 percent since it has the record to contradict this statement- been put into effect. In other words, there that the financing under title I is not is about 100 percent more there now than only adequate to take care of the sec- has been paid out. You are, in effect, in- tions of title I to put the fund on a sound creasing contributions by more than has economic and businesslike basis, but in been paid out. addition thereto we have provided for I have no objection to your amend- those benefits provided in title II of this ment, but if you are going to continue to bill. base it on 5 years, I do not see why Mem- For that reason, Mr. Chairman, I rise bers of Congress should be taxed to the in opposition to the amendment, extent of building up a surplus more than Mr. GROSS. Mr. Chairman, will the they have already. In other words, we are gentleman yield? now more than carrying our own weight in this matter. Mr. DANIELS of New Jersey. I yield to I think this would be the thing to do. I the gentleman from Iowa. commend the gentleman for what he has Mr. GROSS. Mr. Chairman, does mem- done, and I think it is eminently fair. ory serve me correctly that there was an Mr. DERWINSKI. I thank the gentle- 8-percent contribution provided for man from Ohio for his contribution. Members of Congress in, last year's bill? Approved For Release 2001/11/01 CIA-RDP7.1B00364R000500160004-2 H 6228 Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 CONGRESSIONAL RECORD - HOUSE July 23, 1969 Mr. DANIELS of New Jersey. In last year's bill this Is absolutely true. But when we continued hearings it was the judgment of our committee that in view of the testimony that had been adduced that it was not necessary to increase the contribution of the Members. There is no reason why we should overcharge the Members of Congress. Mr. GROSS. But the Director of the Bureau of Retirement in the Civil Serv- ice Commission says that the Members of Congress should be paying in 12.5 per- cent. In other words, a total payroll cost of 25 percent. Mr. DANIELS of New Jersey. The Members of Congress would be required to pay 12.5 percent, and with the Gov- ernment picking up 12.5 percent, as re- quired by law, would make a total of 25 percent; yes, that amount of money would be necessary if we were picking up the debt. But I see no reason why Mem- bers of Congress have to pick up the debt. If we do, then we should compel Federal employees to do so. In that case you would need 24 percent with the em- ployee contributing 12 and the Govern- ment contributing 12. So why should We make an exception with the Members of Congress? Mr. GROSS. Mr. Ruddock predicated this on normal costs. Mr. DANIELS of New Jersey. No, nor- mal costs are an entirely different mat- ter. Mr. GROSS. That is what I am talking about. Mr. DANIELS of New Jersey. No. When you refer to 25 percent you are referring to Members of Congress picking up the debt. The CHAIRMAN. The question is on the amendment offered by the gentle- man from Illinois (Mr. DERWINSKI). The amendment was rejected. AMENDMENT OFFERED BY MR. GROSS Mr. GROSS. Mr, Chairman, I offer an amendment. The Clerk read as follows: Amendment offered by Mr. GROSS: Strike out all of title II beginning with line 1, page 8, and ending with line 17, page 10. (By unanimous consent, Mr. GROSS was allowed to proceed for 2 additional minutes.) Mr. GROSS. Mr. Chairman, I rise in support of my amendment to strike out title II of H.R. 9825 which contains pro- visions opposed by the administration. The announced purpose of this legis- lation is to refinance the civil service retirement fund. This administration and the prior administration, urged the Congress to eliminate the liberalization of retirement benefits contained in title II of this bill- If we are to take any constructive ac- tion toward eliminating the $61 billion One provision in title II would permit computation of annuities based on the high-3-year average salary rather than on the basis of the high-5-year average salary. This will increase the obligation of the retirement fund by $337 million. Retaining this provision in the bill is even more costly to the Federal Gov- ernment if we consider the fact that it will encourage many experienced and competent employees to leave the Federal service before their productive and useful years of service are completed. The Fed- eral Government has invested many millions of dollars in training experi- enced and knowledgeable employees. I do not believe we should unwisely waste this investment. Also, to be considered is the fact that in the past several years substantial pay increases have been granted to Federal employees on the theory that we must attract and retain the best qualified per- sons in the Federal service. To 'encourage these employees to leave Federal em- ployment prematurely is a disservice to the American people. I need not remind my colleagues that this extreme liberalization in H.R. 9825 also provides benefits for Members of Congress which are, in my opinion, out of all proportion to their retirement needs. Under the provisions of title II of this bill, if adopted, Members would be voting to give themselves greater re- tirment benefits right on top of an ex- horbitant pay increase. Another provision in title TI proposes to give Federal employees retirement credit for unused sick leave at the time of their retirement at a cost of $329.5 million to the retirement fund. The underlying basis for laws granting sick leave benefits is that such benefits are a privilege granted by the Govern- ment to its employees for the purpose of time off with pay during periods of legitimate illness. They were never in- tended to be converted into retirement benefits. Sick leave is a protection for the employee and whether it is used or not, its existence creates an attitude of confidence for the employee to know that it is available if necessary. The principal argument in support of crediting unused sick leave for retire- ment purposes is the contention that it would prevent sick leave abuses and therefore save payroll costs for the Gov- ernment. This is a spurious allegation. The sick leave provision in title II will have the effect of encouraging employees to come to work when they are ill. Ef- ficiency will decrease and the exposure of coworkers to illness in turn will create greater loss to the Government. During the debate on this: legislation on October 1, 1968, we were told that the sick leave provision in this bill would increase Federal payroll retirement costs retirement fund deficiency we cannot at by $22 million annually. This year we the same time provide liberalizations in are told that such costs will be increased retirement benefits which amount to by $13.2 million. I am unaware of how over $1 billion. this payroll cost could be reduced by al- The retirement benefits provided in most one-half in less than a year, but title II are unnecesary at this time. The it remains a fact that such provision is present retirement benefits for Federal costly because it will increase the un- employees are most generous and such funded liability of the retirement fund benefits are equal to If not better than by $329.5 million. similar benefits provided employees in Another inequity created by this pro- private industry. vision is the clear discrimination against those employees who, through no fault of their own, are forced to take legiti- mate sick leave for serious operations or catastrophic illness. The sick leave provision in the bill completely reverses the basic concept of such leave which has governed its uses from its inception. The other two retirement liberaliza- tions proposed in title II are equally un- meritorious and will add $393 million to obligations of the retirement fund. The addition of 1 percent to all fu- ture percentage adjustments in annui- ties is an outright gift and cannot be justified on any objective basis. This provision costing $243 million does not belong in this legislation. The adjustment in survivor annuities for spouses who remarry provided in title II costing $150 million does not belong In legislation primarily concerned with refinancing the retirement fund. The record of the Congress is far from encouraging to millions of Americans who are experiencing the pressures of inflation in the form of higher taxes and higher costs of living with no relief in sight. The examples that are being set in Congress provides the people with little confidence in a Government that con- tinues to give its top officials record- breaking increases in salaries and retire- ment benefits. We point with grave alarm to the in- flationary pressures in our economy. We tell our constituents we cannot long survive if we continue on this path. We should reduce appropriations, but we increase them. Industry and labor are asked to hold the line. We point to the fact that some economic Indicators sug- gest a slowdown in business, while at the same time interest rates continue to soar. And in the first 6 months of 1969 we in Congress have done nothing except to encourage every inflationary pressure in our economy, and this bill is one of the worst examples. I urge the Members to adopt my amendment striking out the unneces- sary provisions in title II of H.R. 9825 and thereby save over $1 billion in Fed- eral funds. Mr. MARTIN. Mr. Chairman, will the gentleman yield? Mr. GROSS. I yield to the gentleman from Nebraska. Mr. MARTIN. I wish to commend the gentleman for his remarks. I agree with him completely. I understand that the Post Office and Civil Service Committee is currently considering legislation which would increase further the pay of postal employees to the tune of approximately $300 million a year, and that favorable consideration of this legislation is very imminent. Is that correct? Is that legis- lation in your committee? Mr. GROSS. The bill, I assume, will be brought before the committee tomorrow. The estimate of its cost is $300 million. I could not say to the gentleman whether it is more or less, but the preliminary estimates I have heard are close to that figure. Mr. MARTIN. And that would further increase the amount of retirement bene- fits eventually, of course. Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 Approved For Release 2001/11/01 : CIA-RDF571B00364R000500160004-2 July 23, 1969 CONGRESSIONAL RECORD- HOUSE Mr. GROSS. That is correct, and I thank the gentleman from Nebraska for his timely observations. Mr. DANIELS of New Jersey. Mr. Chairman, I rise in opposition" to the amendment offered by the gentleman from Iowa (Mr. GROSS). Since the new combined contribution rate of 14 percent of payroll will actually exceed the present normal costs of bene- fits-now at 13.86 percent of payroll- the committee decided, in-the interest of equity and fairness to Federal employees, to provide certain limited, but needed, improvements in the benefits structure of the retirement system. Every single benefit proposal that had been introduced in the Congress in the past several years was carefully con- sidered in both the subcommittee and the full committee. All were eliminated- primarily on the basis of cost-except the moderate liberalizations which are contained in title II. The normal cost of these improvements is fully covered by the new combined employee-employer contribution rate of 14 percent of pay- roll. The Civil Service Commission has assured the committee that the other 'funding provisions in title I will ade- quately take care of any increase in the unfunded liability which may result from the enactment of these benefits. In brief, then, title I and II of the bill supplement each other and are integral parts of a total package that will not only put the Federal employees' retire- ment program on an actuarially sound basis but, also, make limited, but long overdue, improvements in the program. Therefore, I urge the defeat of the pro- posed amendment. I would also like to read from a letter from the U.S. Civil Service Commission, dated May 22, 1969,' addressed to me as chairman of the Subcommittee on Re- tirement, Insurance, and Health Bene- fits: Hon. DOMINICK V. DANIELS, Chairman, Subcommittee on Retirement, in- surance, and Health Benefits, Committee on Post Office and Civil Service, House of Representatives, Washington, D.C. DEAR MR. DANIELS: This is in reply to your letter of May. 13. In my opinion, Title I of H.R. 9825, as reported by the Committee on Post Office and Civil Service, does make adequate pro- vision for financing the additional normal cost and the "unfunded liability that would result from the enactment of Title II of the bill. Sincerely yours, ROBERT E. HAMPTON, Therefore, Mr. Chairman, I urge the defeat of the proposed amendment. Mr. HAYS. Mr. Chairman, I move to strike the last word Mr. Chairman, I hope that the amend- ment offered by the gentleman from Iowa is not an attempt to get Congress- men out out of this, which would also hurt all other Federal employees as well. As I said earlier, I made a little study of this Federal pension system. It all de- pends upon whose figures 'We want to take. We can get all the actuarial fig- ures we want, but these are all supposi- tions. I am not going to deal with ac- tuarial figures, but I am going to tell Members when this congressional pen- sion fund was set up in 1946, everybody who was in the Congress was blanketed in as though he had been paying into it all the time he had been here. Members with 20 years of service, with 30 years, with 5 years or 10 years, whatever it was, they all started paying into it as of the beginning of the fund. If we have that clear, let me tell Mem- bers what happened. Over the years, with all those people blanketed in, and with some of them retiring immediately, with- out contributing anything, I imagine, and some of them retiring after 2 years with 25 years of service and contributing only for 2 years, in spite of that, if the fund were separate, and if we had sepa- rate figures, the fund would show $7 mil- lion more was paid in than was paid out. I proposed to increase contributions to 10 percent and increase benefits by 2.5 percent, because 7.5 percent is to 2.5 as 10 percent is to 3.3, but the gentleman from Iowa (Mr. GROSS) and others said we would destroy the fund. I remind Members the fund started with no pay in, nothing, and it has made money. Mr. UDALL. Mr. Chairman, will the gentleman yield? Mr. HAYS. I yield to the gentleman from Arizona? Mr. UDALL. Mr. Chairman, I com- mend the gentleman from Ohio for the statement he is making. I certainly agree with the gentleman that one of the troubles I found in my studies of this, one of the places,where people get misled is they take nice actu- arial figures which deal with all kinds of typical industrial employees who look forward to retiring and are forced to quit then by the rules of the company and do retire at 65. Then they apply those fig- ures to the people who serve in Congress. But in this institution many Members serve into their seventies and into their eighties and do not retire as soon as typical industrial employees. The figures given by the gentleman are correct. Mr. HAYS. Mr. Chairman, I thank the .gentleman from Arizona. Mr. Chairman, I want to comment on the actuarial figures which are used by the insurance companies. They charge people money and pay people on retire- ment, but who has all the money in this country? Which are the richest people in this country? Which are the richest cor- porations? I am not running them down, but it is the insurance companies, and they operate on actuarial figures. They figure not only what we pay in and what is taken out, but the profit they make. That is taken into consideration. Mr. GROSS. Mr. Chairman, will the gentleman yield? Mr. HAYS. Mr. Chairman, I will yield to the gentleman from Iowa, but be- fore I do, I want to comment on the statement about the exorbitant salaries for us. I assume the gentleman is ac- cepting his salary increase, as he indi- cated to me the other day? Mr. GROSS. As long as the gentle- man voted it, I will take it. Mr. HAYS. The gentleman voted against it, but he will take it. Does the gentleman have a question? H 6229 Mr. GROSS. Mr. Chairman, I expect I am worth about as much as the gentle- man. Mr. HAYS. That is a matter of opinion. If the gentleman were to put that to a vote, he might lose. Mr. GROSS. It is a matter of opinion. Mr. HAYS. I said it is a matter of opinion. The gentleman thinks he is worth as much as I am, and I think he is worth about half as much. It is a matter of opinion. Mr. GROSS. The gentleman speaks of actuarial figures. The retirement fund is actuarially unsound to the tune of about $60 billion, Mr. HAYS. I am talking about the Members' fund and the gentleman is talking about a fund that is actuarially unsound, as the gentleman puts it, be- cause for many years the Government did not put in its share. That is the rea- son it is actuarially unsound, and the gentleman knows it and I know it. Mr. GROSS. Mr. Chairman, will the gentleman yield? Mr. HAYS. I yield further. Mr. GROSS. Mr. Ruddock has had many years of experience in this busi- ness. He is the Director of the Retire- ment Bureau in the Civil Service Com- mission, and he says that to meet the normal costs of this fund the Members of Congress should be putting in 121/2 percent of their pay. Mr. HAYS. That is what you say. That is what the letter to you says. That fellow is anti-Congress. You know it. I know it. Again, that is his opinion. I am stating to you how much money is there, and how much profit has been piled up by the Members' contributions. You cannot deny those facts and those figures, be- cause if you write him a letter he will have to tell you that is it. The CHAIRMAN. The time of the gentleman from Ohio has expired. Mr. SCOTT. Mr. Chariman, I rise in opposition to the amendment. Mr. Chairman, I am opposed to the amendment offered by the gentleman from Iowa to strike title II of the bill. The present normal cost of all benefits being earned by employees covered by the retirement program is 13.86 percent of payroll. Since title I of this bill sets a new combined contribution rate of 14 percent of payroll, we would be over- charging employees unless some limited benefits were given to them within the framework of the new contribution rate. Under this amendment we would raise the employee contribution from 61/z to 7 percent without any benefit of any na- ture to them. I believe in fairness we must admit that the Government, not the employee, is responsible for ? the present deficit. The employee over the years has been putting in his share of the cost of this fund and the Government oftentimes has not. Many proposals have been introduced in the Congress over the years to liberal- ize the retirement program in a number of ways. Our subcommittee and the full committee carefully considered these proposals, and all of them except the moderate liberalizations contained in title II were eliminated primarily on the Approved For Release 2001/11/01: CIA-RDP71B00364R000500160004-2 H 6230 Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 CONGRESSIONAL RECORD - HOUSE Jv ly 23, 1969 basis of cost. It- is also significant to point out that the Federal employees' retirement program has remained rather static since the retirement act amend- ments of 1956, and that the moderate liberalizations contained in title II rep- resent the first real improvements in this program in the past 13 years. Mr. Chairman, in the opinion of the majority of the members of the com- mittee, titles 1 and 2 complement each other and each title is an integral part of a total package that not only will put the Federal employees' retirement pro- gram on a actuarially sound basis, but also will improve and modernize the program. Title 2 will improve the retirement program and its elimination from the bill would be grossly unfair to all Fed- eral employees. The normal cost of all benefits provided in title 2 is completely covered under the new combined con- tribution rate of 14 percent of payroll, and we are reliably informed by the Civil Service Commission that the other financing provisions of the bill ade- quately take care of any increases in unfunded liabilities. If we eliminate title 2 we destroy one of the principal purposes of this legis- lation. We will be denying to our Federal employees certain benefits to which they are entitled and for which they will be paying. Mr. Chairman, I urge the membership in the interest of fairness and equity, to vote down this amendment. Mr. CORBETT. Mr. Chairman, I rise in opposition to the amendment. Mr. Chairman, my chief objection to this amendment, as stated by my col- league, is the fact that we are charging the employees a half percent more of their salaries and in return therefor they should get something. It is exactly in that spirit. in the event this amendment is voted down and the 3-year formula prevails, that I will make the recommittal motion raising the Mem- ber's contribution. to 8 percent of salary. I do this because if we are going to get the benefit, we ought to pay for it. We are definitely charging the employees a half percent more. Therefore, they should get something for their money. Again, if we raise our own payment to 8 percent, we are maintaining the his- torical differential of 1 percent between the employees and the Members. Mr. Chairman, I urge the defeat of this amendment. Mr. KYL. Mr. Chairman, I move to strike out the requisite number of words. Mr. Chairman, there is one serious matter which has not been discussed at length and of which this body should be cognizant. We can talk about statistical tables, economics, and economic laws. We all recognize that psychological reaction is an important thing. Perhaps one of the greatest benefits of last week's scien- tific achievement is the psychological effect of the moon shot on the govern- ments and the people of all the nations of the world. The people of this country today are in a state of unrest. Their paycheck does not reach from one week, to the next. Living costs are high. Interest rates are high. So the people attack the symbol of all their difficulties, which is taxes, and they shout loudly for tax reform. The point I make is this, Mr. Chair- man: In our present circumstance es- pecially, it is very important that the Congress of the United States and es- pecially this House, which I consider to be the very heart of our free system of representative government, must be aware of public attitudes. If the people lose faith in this body, then they lose faith in the fundamental institutions of this great Nation. Anything which seems to be a self-serving process en- gaged in by Members of Congress fur- ther dissipates the respect and the faith that the people have for their Gov- ernment. 1 do not present myself as one who is more ethical or more moral than any other in this body, but I do feel very keenly that we must not only do those things here which are right and refrain from doing those things, which are wrong, but we must also refrain from do- ing those things which seem wrong to vast segments of the electorate. Even if the preponderance of the evidence makes it logical that the Members of Congress should have an adjustment in their retirement program, this is no time to effect that adjustment. There- lore, I join my colleague in supporting his amendment. Mr. MOSS. Mr. Chairman. I rise in op- position to the amendment, Mr. Chairman, I listened rather care- fully to the remarks of the gentleman who has just concluded. They :nave a great deal of appeal, but I th'.nk we should recognize that we have a respon- sibility here as the directors, for a:.l prac- tical purposes, of this fund for all of the employees of the Federal Government and that we should provide reasonably competitive working conditions. I believe throughout the industries of this Nation the majority of retirement systems would compare very favorably to, and with a great deal of advantage over, that; which we offer to the employees of the l{ederal Government. Mr. Chairman, I would like to point out a few facts of the matter of retire- ment. I am not totally unfamiliar with it. I worked on the last retirement bill that made any significant dhange in the system of the Federal employees retire- ment system. What we are talking about here for congressional Members is 00019 )8 of 1 percent, roughly one-fiftieth of 1 per- cent or seven-tenths of 1 percent, the amount that changing the formula from 5 years as the basis for computation of retirement to 3 years would cost in its entirety, or $15.4 million a year. That is what we are talking about with reference to cost. One-fiftieth of that is attribut- able to congressional employees. Now, we are doing this by raising the rate of employee contributions, a rate of con- tribution which in my judgement as I stated previously exceeds that of many corporate employers today. In fact, many of the systems require no contribution from employees, We in the Federal Government have systems requiring no contributions from the em- ployees. We have this procedure in our judicial system and we have it in our military system. This is an attempt for the first time in 13 years to bring a measure of greater equality to a system which is designed to provide for the men and women who render faithful service to this Govern- ment. I am one of those who believes that the average employee of the Federal Government is equal in every respect in competence and in dedication to the average employee of American industry. I think there is an awful lot of fussing and fuming being made here on the premise that somehow or other if you can criticize Congress loudly enough, it is going to produce votes in your district. I have pride in the Congress and I have pride in the Federal service. I have a deep conviction that I am worth what I voted for as a salary and I think that those gentlemen who feel that the salary was outrageous or unconscionable should make every effort to return it to the peo- ple. They have made the judgment and not I that they are worth less than the amount they are being paid. It is difficult for me to understand the reasoning here today, if it comes, give it to me, but I am opposed to it." If I were opposed to it, I would fight it all out and I would not want the bene- fits of it. But the great majority of people concerned with the civil service retire- ment system have not the privilege of the floor of this House and they cannot come here and tell their story. I think we should listen a little bit to them. They are our employees. The CHAIRMAN. The time of the gen- tleman from California has expired. Mr. DERWINSKI. Mr. Chairman, I move to strike the requisite number of words. (Mr. DERWINSKI asked and was given permission to revise and extend his re- marks.) Mr. DERWINSKI. Mr. Chairman, I rise in support of the amendment. Mr. Chairman, -I recognize that the House is in a mood for a vote and I also recognize from a quick glance at the membership that this amendment will probably be rejected. But I would like to point out that this debate has now degenerated completely beyond the pur- pose of the amendment. I would like to state that the primary purpose of this bill is to improve the financial condition of the retirement fund. Title II does a disservice to the finan- cial condition of the retirement fund. Title II includes little things that are often referred to as Christmas-tree items, that type of thing that the other body loads into many House bills. I do not believe it would be wise at this point for the House to accept a title in which Christmas-tree items are loaded into this retirement fund. The gentleman from Iowa is actually performing a great serv- ice to the House in offering his amend- ment. The delay of 3 months, and the concern the members of the committee have had in bringing this bill to the floor, could well have been alleviated if we took this amendment and struck title II from the bill. We would then achieve Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 -July 23, 1969 CONGRESSIONAL RECORD-HOUSE the purpose of strengthening the finan- cial condition of the civil service retire- ment fund. There would not be any con- troversy, any quibbling, or any debate over the solvency of the fund. For that reason, Mr. Chairman, I would. suggest that we support the amendment offered by the gentleman from Iowa. Mr. BRASCO. Mr. Chairman, would the gentleman yield? Mr. DERWINSKI. I yield to the gen- tleman from New York. Mr. BRASCO. I thank the gentleman for yielding. I was curious-and certainly in com- mittee I respect the opinion of the gen- tleman, and certainly his intelligence, and I am wondering whether or not the gentleman considers the restoration of the widow survivors' annuity a Christ- mas-tree decoration? Mr. DERWINSKI. No, but under the procedure which we are following we have no choice but to take this title. Mr. BRASCO. But the gentleman would be for that? Mr. DERWINSKI. Yes. Mr. BRASCO. I thought the gentle- man would. Mr. Chairman, I would like to ask an- other question. I am wondering whether or not the gentleman considers to be a Christmas-tree-decoration approach, the 1 percent cost-of-living increase for re- tired employees, when we know the cost- of-living index has visen from, say, De- cember of last year, until now, about 2- point-something percent. Does the gen- tleman not think retirees would need that in order to live? Mr. DERWINSKI. Yes, and we could even do better than that in a separate bill. But that is, the very reason that I used the term "Christmas tree" ap- proach, because you lump a few of these items into a title in order to carry a few other items, and that is the issue this afternoon. Mr. ' BRASCO. Is the gentleman against that, though, specifically? Mr. DERWINSKI. No. Mr. BRASCO. The gentleman would be for that? Mr. DERWINSKI. But I am against the entire title, because of how it is being used, and therefore it is a Christmas- tree title. Mr. BRASCO. Because I, assure the gentleman- Mr. DERWINSKI. Just one moment. .I would hope that the gentleman would use his abnormal influence on that side to join with me with regard to the Christmas-tree items. Mr. BRASCO. Mr. Chairman, I sug- gest to the gentleman at. this point that the gentleman's Christmas tree is droop- ing and that is why I want to find out just how much of a Christmas tree it is. Those are two items that the gentleman seems to, agree with. Mr. DERWINSKI. Let me just say this to the gentleman- Mr. BRASCO. Let me ask about the third item. Mr. DERWINSKI. It is not my Christ- mas tree, Mr. BRASCO. Well, it is the gentle- man's description of this bill. Mr. DERWINSKI. All I am trying to do is to preserve the portion of title II which is the guts of the bill, which is the one thing that we should not purposely just overload. Let me say that I did not directly par- ticipate in the overloading of title II which the gentleman from Iowa is seek- ing to correct by his amendment. Any,item which will stand-on its own merits we could take up, we do have a meeting tomorrow, and pass out a new bill. Mr. BRASCO. I suggest the gentleman is for retrenchment, but not for retreat. Mr. DERWINSKI. Mr. Chairman, I yield back the balance of my time. Mr. KEITH. Mr. Chairman, I move to strike the requisite number of words. Mr. Chairman, I really had not in- tended to take the microphone, but there have been some charges made here on both sides of the aisle by the proponents and opponents of this particular legis- lation, having been in the life insurance business I would like to make a few comments that might help us to see what it is we are voting for or against. In the first place, the profit question our colleague from Ohio referred to is not profit, in my view. It is forward funding to meet the liabilities that will occur or accrue at the time we reach retirement age. It is the reserve to pay the claims when they mature. I did a little computing as I was lis- tening to the debate as to what would happen if this goes through and how much a Congressman would get-how much he would pay in-and how much it would cost the Federal Government to pay its share. Mr. HAYS. Mr. Chairman, will the gentleman yield? Mr. KEITH. I am glad to yield to the gentleman. Mr. HAYS. Will the gentleman deny that insurance stocks are about the best buy on the market and that insurance companies are making the most profit of any corporations in the country? Of course, I am not against that. But you can call that forward funding or what- ever you want to. Mr. KEITH. I do not want to waste the gentleman's time. The insurance companies are supposed to be good in- vestments. I was with a mutual insur- ance company and the policyholders got dividends and no profits as such. Mr. HAYS. And I suppose the presi- dent got a pretty high salary, did he not? Mr. KEITH. Yes, they certainly did and they got a better plan than we are getting. But if you are interested in what you are going to get and how much it is going to cost-at the outset I have done a little computing on this and it might be helpful to you. So If you have a salary of $42,500 and if you work here for 20 years, we would have earned a total of $950,000 during 20 years time and when we put in 8 percent and add a little interest to it, which the total value of that contri- bution might be somewhere in the vicinity of $125,000 when you add the interest portion to it. The benefits when you reach age 60 will be 50 percent of H6231 pay-that Is 20 years times 21/2 percent. Fifty percent of $42,500 Is $21,250 which divided by 12 means you get about $1,300 a month. Now-what Is such a pension worth? How much would it cost to buy $1,300 a At age 60 It costs about $15,000 to buy $100 a month so multiplying it out, your pension works out to be worth approxi- mately a couple of hundred thousand dollars. That is what the insurance company would charge you roughly if you were 60 years old and were to buy a pension of $1,300 a month. it is a pretty good pension-and I happen to think it is a little generous in this instance. I am going to vote against the, amendment. Now as to the provision of a pension for your second wife-should your first wife predecease you-if you are going to get remarried and you want to trans- fer some pension to your new wife maybe the insurance company is the best bet, rather than adding such a fringe benefit to our own pension system. Are we sup- posed to take care of ourselves and our wives and their successors? If we do all of this through, this pension plan there wouldbe fewer opportunities for the private companies to which our colleague from Ohio referred. I would think we should patronize the private sector for our private benefit for our second wife who may become a widow. In any event, I just had these thoughts and I thought I would share them with you. I think our present plan is generous enough and we should not in these times of high taxes vote ourselves,any pension benefits that will increase taxes. Mr. HOGAN. Mr. Chairman, I move to strike out the last word and rise in op- position to the amendment. (Mr. HOGAN asked and was given permission to revise and extend his re- marks.) Mr. HOGAN. Mr. Chairman, I rise in opposition to the amendment offered by the gentleman from Iowa. The proposed "pay off" for sick leave is not an expensive benefit: In fact, it will be paid from the $220 million col- lected each year by increasing the em- ployee-employer contributions to 7 per- cent. The formula prescribed in the bill would grant 1 month of service credit for for each 22 days of unused sick leave. The normal cost of this benefit, esti- mated at $13.2 million, would be equally shared by employees and employing agencies, each contributing $6.6 million toward such normal cost. In testifying for this cost, representa- tives of the Civil Service Commission also stated that, if this provision served as an incentive to reduce the overall usage of sick leave by only 1 day each year, that savings would exceed $90 mil- lion annually. My reading of the CONGRESSIONAL RECORD shows that during last year's debate, and again during committee con- sideration of this incentive provision, the opponents argued that, first, there is no justification for "payoff" or "incentive legislation" to encourage or motivate employees to conserve sick leave; and second, sick leave has been granted by Approved For Release 2001/11/01: CIA-RDP71B00364R000500160004-2 H 6232 CONGRESSIONAL RECORD -- HOUSE July 23, 1969 Congress for only one purpose: tect employees against loss of during periods of illness. to pro- income The average use of sick leave by State Civil Service workers declined for the third straight year during 1966. A, Civil Service Department study showed that although full-time classified workers are allowed 13 days' sick leave a year, the actual use last year averaged 7.61 days. Employees may ac- cumulate unlimited sick leave and are paid one-half of the total on death or reti:rement. Mr. BENNETT. Mr. Chairman. this is the amendment I have already dis- cussed. Mr. DANIELS of New Jersey. Mr. Chairman, will the gentleman yield? Mr. BENNETT. I yield to the gentle- man from New Jersey. Mr. DANIELS of New Jersey. I would like to ask the gentleman in the well whether this is the amendment he dis- cussed previously. Mr. BENNETT. It is. Mr. DANIELS of New Jersey. On be- half of myself and the members of the committee on the majority side, we ac- cept the amendment. Mr. BENNETT. May I hear from the minority? Mr. SCOTT. We have no objection to the amendment. The CHAIRMAN. The question is on the amendment offered by the gentle- man from Florida. The amendment was agreed to. AMENDMENT OFFERED BY MR. BUCHANAN Mr. BUCHANAN. Mr. Chairman. I offer an amendment. The Clerk read as follows: Amendment offered by Mr. BUCHANAN: On page 8, strike out lines 3 through 6 and in- sert in lieu thereof the following: "SEC. 201. Paragraph (4; of section 8331 of title 5, United States Code, is amended to read as follows: "(4) 'average pay' means the largest an- nual rate resulting from averaging- "(A) an employee's rates of basic pay in effect over any three consecutive years of creditable service; or "(B) a Member's rates of basic pay in effect over any five consecutive years of creditable service; with each rate weighted by the time it was in effect; ". Mr. BUCHANAN. Mr. Chairman, it is frankly with regret that I offer this amendment to legislation which I do support. I commend the chairman of the subcommittee and the other members of the subcommittee in reporting out-this bill, and also the embers of the. Post Office and Civil Service Committee. It has been my privilege in a previous Con- gress to serve as a member of that sub- committee and to become aware of the need for legislation to improve the fund- ing of the Federal retirement system. It does strike me, therefore, as meritorious legislation deserving of our support, and a step toward meeting that need of bet- ter funding. Because the real problem is the lack of Federal payment of its share of the cost of the retirement program through the years, and because the employees have paid their share, I feel it equitable and just that they should receive addi- tional benefits from adding to this cost of the retirement system to them. There- fore, that which they desire, the reduc- tion from 5 years to 3 years as the years upon which to figure their retirement, and the very meritorious provision which provides for sick leave being counted to- ward retirement-these, I think, are equitable. Nor would I challenge the value of Members of Congress nor express any lack of confidence in the worth of every Member of this body. I believe in the The reasons used by opponents may have been valid in the past, but do not meet the problems of today. The Congress and most State, county, and city governments are enacting or proposing many forms of incentive leg- islation to accomplish specific objec- tives. Congress has passed incentive leg- islation which rewards more than 1,600 prosperous farmers with subsidy pay- ments of $50,000 or more per year for not planting crops. Congress has passed generous incentive legislation to encour- age or motivate oil companies to con- stantly expand their search for more oil. Congress has also passed incentive leg- islation to encourage or motivate mili- tary reenlistments, to build highways, tear down slums, build low-income hous- ing projects and we also grant subsidies to railroads and airlines. All of the Government agencies also encourage or motivate their employees with cash awards for adopted sugges- tions and superior performance of duty. The cash spent on incentive sick leave legislation to motivate employees to con- serve sick leave would return more sav- ings to the Government than the money which is now spent on superior achieve- ment awards. Incentive sick leave legislation would also provide some monetary protection to many conscientious employees who now forfeit 1,000 to 2,000 hours of sick leave at time of retirement. and some- times become seriously ill after retire- ment. Many States, counties, and cities now have effective incentive sick leave provi- sions for workers. I have some interest- ing data on the results of these laws. The following information is based on a sick leave survey of 67 State, county, and city agencies taken in 1967: The average number of sick leave days granted by these agencies was 131/2 days as compared to the 13 days granted Fed- eral employees. Twenty-four agencies, or more than one-third of the 67 agencies surveyed, had some type of sick leave incentive plan. There is, of course, presently no incentive sick leave plan in any Federal agency. The average number of sick leave days used annually in the non-Federal agen- cies was 7.1 days. The average number of sick leave days used annually by Federal employees is 8.5 days and 10 to 11 days per year in some of the larger post of- fices. Statistics show that the use of sick leave increases materially during the last working year before an employee retires or resigns from the Federal service. This use of sick leave by Federal employees is probably motivated by the use-it-or- lose-it situation now prevailing. Most of the non-Federal agencies sur- veyed claimed that the use of sick leave was reduced after the adoption of a practical incentive sick leave plan. The State of Michigan, which has 42,000 employees, released a report on July 27, 1967, which stated: H.R. 9825, which is before us today, does not provide even 50 percent of the hourly compensation allowed the State of Michigan employee. If a Federal em- ployee lives for 12 years after retirement, he would receive only 24 percent of the average salary from H.R. 9825, whereas the Michigan State retired receives 50 percent of his hourly rate: at t'.me of retirement, multiplied by all of his un- used sick leave hours. Many other States, counties, and cities now have or are considering incentive sick-leave legislation to reduce absentee- ism and thereby save on replacement costs. The Ohio State legislators are consid- ering a bill that would provide a lump- sum payment for a maximum of 180 days, or 1,440 hours, of sick leave at time of separation or retirement. Terminal pay would be based on the individual's daily rate of pay at the time of his leaving. Incentive sick-leave legislation would benefit the Government and also moti- vate Federal employees to donser?ie sick leave. The cost to a Federal agency for each employee who uses all of his sick leave before he retires is approximately $8,000, and this cost factor will increase each year. Additionally, considerable cost is frequently involved to replace the sick employees. Mr. Chairman, the importance of re- taining the limited credit' for unused sick leave in this legislation cannot be overemphasized. I urge defeat of this amendment. The CHAIRMAN. The question is on the amendment offered by, the gentle- man from Iowa (Mr. GROSS). The question was taken; and on a divi- sion (demanded by Mr. GROSS) there were-ayes 64, noes 147. So the amendment was rejected. AMENDMENT OFFERED BY MR. BENNETT Mr. BENNETT. Mr. Chairman, I offer an amendment. The Clerk read as follows: Amendment offered by Mr. BENNETT: On page 10, immediately after the; period. at the end of section 205, insert the following : "Not- withstanding the prohibition conta'. ned in the first sentence of this section on the pay- ment of annuity for any period prior to the enactment of this section, in any case in which the Civil Service Commission deter- mines that- .1(1) the remarriage of any widow or wid- ower described in such sentence was entered into by the widow or widower in gocd faith and in reliance on erroneous information provided in writing by Government at.thorlty prior to that remarriage that the the::a exist- inzg survivor annuity of the widow or wid- ower would not be terminated because of the remarriage; 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." Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 July 23, 1969 CONGRESSIONAL RECORD - HOUSE 116233 people of this country, and I believe in their elected Representatives. Mr. Chairman, this is not the best of all possible worlds, and even though I know there is not a Member who spon- sored this bill and there is not a Member who reported it out of committee and there is not a Member who will vote for it on the floor this day who is doing it to benefit himself,, we all know it is be- ing so portrayed, and it can be so por- trayed, and it will be so portrayed, and the people in many cases will, in fact, believe that Members are voting another benefit to themselves on top of the salary increase. Because I share the concern of the gentleman from Iowa (Mr. KYL) that not only should we be doing right, but also the people should understand that this is a responsible body that is con- cerned about our fiscal crisis, and to show this is a body that is trying to pass legislation on its merits and not for the Members' self-benefits, I cannot in good conscience fail to offer this amendment to take the Members out of the provi- sions of this bill. . If my amendment is adopted, it will simply do this: Members at present, like others in the Federal retirement system, upon meeting the qualifications for a re- tiremen't annuity, receive a pension, the amount pf which is based on the average of their salary during the highest 5 years of their Federal servicg, which is taken into consideration in figuring their re- tirement. If my amendment is adopted, this will continue to be the case. If this is not adopted, we will, with other people participating in this system, have to serve only 3 years at our new salary level in order to retire at the higher retire- ment figure. I urge support of this amendment, al- though I offer it regretfully. Mr. CORBETT. Mr. Chairman, will the gentleman yield? Mr. BUCHANAN. I yield to the gen- tlemasl from Pennsylvania. Mr. CORBETT. Mr. Chairman, I thank the gentleman for yielding. Does the gentleman from Alabama not believe if we change the bill further to raise our own payment into the fund, that we will be in effect paying for this very slight benefit? Mr. BUCIIANAN, I will say to the gentleman I will support his proposal and will vote for it, but we already have a richer formula than the other people in the system and, therefore, it seems to me that putting us on a more equal foot- ing might well justify a heavier contri- bution to the,system. Therefore, I will support both my amendment and the proposal of the gentleman, and feel that both are justified. Mr. CORBETT, Mr. Chairman, I thank the gentleman. Mr. OLSEN. Mr. Chairman, I rise in opposition to the amendment. Mr. Chairman, we have already been over all this subject. The fact of the mat- ter is that the fund has made a profit from the Congress. That is the shape of things today. That will continue to be the fact, So there is nothing at all wrong with the proposition of our enjoying the same benefit of retiring on the high 3 years as any other Federal employee will paid out as retirement benefits to retired enjoy. I submit that there will still be a Members. This is good, but let us keep it profit in the fund with this new bill. that way. The $7 million now in the fund Mr. Chairman, I hope we can defeat is the best protection I can think of to this amendment unanimously. keep the fund strong. I wish other agen- (Mr. HARSHA asked and was given cies of our Federal Establishment were in permission to revise and extend his re- as good of shape financially. But this is marks.) no reason to raid the account now. Mr. HARSHA. Mr. Chairman, I move I hope to be able to vote for this, bill. to strike the requisite number of words. The refinancing feature to build up the Mr. Chairman, I rise in support of the account is good. I will find it difficult to? amendment of the gentleman from Ala- support the bill, however, if it contains bama. I am not arguing the cause of the provision for, recalculation of time whether or not Members of Congress are for Members. entitled to more liberalized retirement This amendment now offered by the benefits-they undoubtedly are, but this- gentleman from Alabama (Mr. Bu- is not the time nor is this Nation in a cHANAN) does what is needed and I will fiscal situation to warrant such action, support it. The administration has just asked the The CHAIRMAN. The question is on Congress to continue the surtax for an- the amendment offered by the gentleman other year. In doing so the President has from Alabama (Mr. BUCHANAN). made it abundantly clear that without The amendment was rejected. this tax this country would face economic AMENDMENT OFFERED BY MR. GROSS chaos and inflation that would make our Mr. GROSS. Mr. Chairman, I offer an present inflationary spiral look weak by amendment. comparsion. I cannot, therefore, in good The Clerk read as follows: co'ns'cience ask the already overburdened Amendment offered by Mr. GROSS: On taxpayer to pay additional taxes and vote page 6, strike out all of line 1 and insert in to liberalize my own retirement benefits, lieu thereof the following: The American people expect their Rep- "(f) Any statute which authorizes, effee- resentatives to exercise prudence and Live on or after July 1, 1969-". economy in spending their tax dollars. (Mr. GROSS asked and was given per- Under our present fiscal dilemma I do mission to revise and extend his re- not consider liberalizing congressional marks.) retirement benefits. either prudent or Mr. GROSS. Mr. Chairman, the pur- good economy and therefore must sup- pose of my amendment is to make the port the amendment. I urge the House to provisions of title II of this bill conform 'accept this amendment and strike from to the policy established under title I. the bill that provision which liberalizes This simply means that the Government congressi'o'nal retirement benefits. Let us shall pay costs of every increase in un- not put any more burden on the already funded liability created in the retirement fatigued taxpayer. fund by new legislation, including three Mr. DANIELS of New Jersey. Mr. liberalizations granted in title II, through Chairman, I move to strike the requisite equal annual appropriations installments number of words. over a 30-year period. Mr. Chairman, I rise in opposition to This bill is brought to the floor of the the amendment offered by the gentle- House of Representatives with a great man from Alabama, a former and highly deal of fanfare and laudatory comments We have respected been member over of this question. is subcommittee, I think by the proponents who say that at last every Member of the House understands we are putting the retirement fund on it. We have gone through it not only dur- a sound financial basis. However, in the ing the course of debate, but in the next breath they state that the liberal- course of discussion of previous amend- izations created under the provisions of ments that have been offered. title II of the bill shall not be subject to So, Mr. Chairman, I urge Members to the 30-year financing provisions of title vote this amendment down. I. This is inconsistent and makes the bill Mr. MYERS. Mr. Chairman, I move to a mockery. To millions of Federal em- strike the requisite number of words. ployees who have invested their retire- (Mr. MYERS asked and was given ment deductions in the retirement fund, permission to revise and extend his re- which has a $60 billion deficit, this ac- marks.) tion and this inconsistency is a cruel Mr. MYERS. Mr. Chairman, in gen- hoax. eral, I supported the amendment offered I hope the Members will read my coln- by the gentleman from Iowa (Mr. ments on this matter on pages 37 and GROSS). As it affected-other employees, 38 of the committee report on H.R. 9825, other than Members of Congress, I was which explain in detail what the com- not in complete agreement, but I did vote mittee has done. for the amendment. The need for im- I call attention specifically to the proving the financing and funding for statement by the Director of the Bureau the civil service retirement system is cer- of the Budget, who on April 22, 1969, tainly in order and much needed. In fact stated: this should have been done several years This administration is thoroughly in ac- ago. It seems to me that now is the time cord with the objective of fiscal responsibil- since it was not done earlier to start re- ity which your proposed amendment is storing the solvency of our Government intended to achieve. and its agencies. It is unnecessary to debate the ques- The argument has been made that the tion as to whether the bill actually funds paid in by Members of Congress creates the inconsistency which my has been much greater than the amount amendment corrects, I raised this ques- Approved. For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 116234 Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 CONGRESSIONAL RECORD-HOUSE Jul;; 41`13p, 1969 tion during committee deliberations on this legislation and the author of the bill agreed that the 30-year funding pro- visions in title I do not apply to the liberalizations in title Ii. However, a quick reading of subsection 103(a) (2) (f) on page 6 of the bill leads one to the conclusion that it is intended to cover the costs of all future liberalizations. My amendment covers the following liberalizations and increases in the un- funded liability contained in title II of the bill : First. High 3-year average, $337 million. Second. Sick leave credit, $329.5 million. Third. Survivor annuity, $150 million. In addition, my amendment will apply to the Federal pay raise effective this month which will increase the liability of the retirement fund by $3.4 billion. The total increase of $4.2 billion in the unfunded liability of the retirement fund under my amendment, would be au- thorized to be paid into the fund in 30 annual equal appropriation installments, as provided in subsection 103(a)(2)(f) of the bill. Mr. Chairman, I re-emphasize my deep conviction that something must be done to prevent the constant erosion of the employees' and Government's contribu- tions to the retirement fund. Title I of this bill, in some measure, secures this objective. But, I am certain that we can- not go on indefinitely into the future exempting liberalizations from the fi- nancing provisions of the bill. The proponents of the bill will argue that to exempt the liberalizations in this bill is not of great importance provided we do not exempt them In the future. I disagree. If we are going to establish a policy of the nature contained in title I, then I think now is the time to adhere to that principle and not wait until some Indefinite time in the future. I urge the Members to support my amendment. Mr. DANIELS of New Jersey. Mr. Chairman, I rise in opposition to the amendment offered by my good friend from Iowa (Mr. Gaols) a member of the Post Office and Civil Service Committee. The amendment would add nothing to the value of the bill as a means to strengthen the financing of the civil service retirement system. The general philosophy of this legisla- tion is-for very practical reasons-to eliminate present unsound financing practices on a gradual basis, spread over a reasonable period of years because of the tremendous sums involved, and thereby preclude excessive impact on any one or a few annual budgets. The proposed amendment would de- part from this policy and, if adopted, would have an excessive impact on budgets in the immediate future. In fact, adoption of this amendment would most seriously endanger final ap- proval of this desperately needed legisla- tion. The officials of the Civil Service Com- mission assure the committee that title I of H.R. 9825, as reported, intakes ade- quate provision for financing the addi- tional normal cost and the unfunded lia- bility which would result from enactment of title II of the bill. If the distinguished gentleman's amendment was adopted, the budget for the fiscal year 1970 would require a sup- pl m?ntal appropriation request of $55.6 milion to cover title II benefits, and a 1'731/ million request for the July 1969 sa'aly increases, or a total of $234.1 mil- lion. The budgetary impact will be eased by financing these items as contemplated in the bill by requiring a $1534 million pay- ment in 1971-10 percent of the interest dire thereon-progressing by an addi- tional $153/4 million each year, until in 1930 and thereafter interest thereon would entail a payment of $1571/2 mil- lion yearly. Adoption of the amendment could very well preclude the bill's final enactment in this session of Congress. For those reasons, Mr. Chairman, I oppose the adoption of the amendment. The CHAIRMAN. The question is on the amendment offered by the gentleman from Iowa (Mr. GROSS), The amendment was rejected. AMENDMENT OFFERED BY MR. coRBETr Mr. CORBETT. Mr. Chairman, I offer an amendment. The Clerk read as follows: Amendment offered by Mr. CORBETY: On pace 3, lines 10 and 11, strike :out "and a Member." and Insert in lieu thereof "and 8 percent of the basic pay of a Member.". on page 4, between lines 7 and 8, amend the table headed "Member for Member serv- ice" by adding the following new lines -------------- after December 31, 1969.". Mr. CORBETT. Mr. Chairman, 1 bad earlier stated that I was going to put in a recommittal motion to this same effect. I thought it better, since title TI has been preserved, to offer it at this time as a straight amendment. It would simply increase the payment by Members into the retirement fund from 71;2 to 8 percent. There are two reasons for this. No. 1, it maintains the 1 percent differen- tial which has existed historically be- tween what the employees pay and what the Members pay, but more importantly, for the very small amount of benefit that the 3-year formula would give us as op- posed to the 5-year formula, I believe that we ought to be willing to pay for it. As a matter of fact, if our pensions were raised a great deal more, I, for one, would certainly be willing to pay a great deal more into the fund. But in any event I do hope this amendment will be adopted in order that we can go to the public and say that we paid for what we=, are getting. Now, the psychological effect is something different. eW, again, are ::aced with the fact that we must do the right thing regardless of what someone seems to think we did. So, Mr. Chairman, I urge the adoption of this amendment. Mr. DANIELS of New Jersey. Mr. Chairman, I move to strike the requisite number of words. (Mr. DANIELS of New Jersey asked and was given permission to revise and extend his remarks.) Mr. DANIELS of New Jersey. Mr. Chairman, I believe all Members of the House understand this amendment very well, the proposal which has been offered by the ranking minority member of the committee because it is one-half of the amendment that was offered earlier this afternoon by the distinguished gentle- man from Illinois (Mr. DEawINSKI). That original amendment provided for an increase to 8 percent in contributions not only of congressional staff members, but also the Members of Congress. So, what the distinguished ranking minority member would do, in proposing his amendment, is to confine his amend- ment strictly to Members of Congress. I would like to point out one further thing: Just bear in mind, gentlemen, that if you are elected for 3 years beyond the present session of Congress, it does not make a particle of difference if we have the highest 5 years, or the highest 3 years, or the highest 1 year. Our salaries would be $42,500 under all cir- cumstances. Mr. Chairman, I urge the defeat of the amendment. The CHAIRMAN. The question is on the amendment offered by the gentle- man from Pennsylvania (Mr. CORBETT). The question was taksn: and the Chairman announced that the noes ap- peared to have it. Mr. CORBETT. Mr. Chairman, I de- mand tellers. Tellers were ordered, and the Chair- man appointed as tellers Mr. CORBETT and Mr. DANIELS of New Jersey. The Committee divided, and the tell- ers reported that there were-ayes 119, noes 138. So the amendment was rejected. Mr. DERWINSKI. Mr. Chairman, I move to strike out the last word. Mr. Chairman, may I have everyone's attention for 30 seconds? Mr. ALBERT. Mr. Chairman, will the gentleman from Illinois yield to the gen- tleman from New Jersey (Mr. DANIELS), who wishes to make a request to see if debate may be closed in 5 minutes? Mr. DERWINSKI. Yes, and hopefully in 30 seconds. I yield to the gentleman from New Jersey (Mr. D"NIELS) . Mr. DANIELS of New Jersey. Mr. Chairman, may I ash-are there any amendment,: pending at the Clerk's desk? The CHAIRMAN. There are no amend- ments pending at the Clerk's desk. Mr. DANIELS of New Jersey. Mr. Chairman, I ask unanimous consent that upon conclusion of the remarks to be made by the gentleman from Illinois (Mr. DERWINsKI) that is, in 5 minutes, debate on the bill and all amendments thereto close. The CHAIRMAN. Is there objection to the request of the gentleman from New Jersey? There was no objection. Mr. DERWINSKI. Mr. Chairman, in order to provide the utmost possible co- operation with concern of the majority and the gentleman from New Jersey who wish to expedite action on the bill, I may take just a minute to inform the Members what will be involved in the motion to recommit. May I emphasize that the motion to recommit is properly designed to help Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 July 23, 196opproved .For R 220p.p11/11/011 ? CIA-'R DP71 B00364R000500160004-2 RESSIONAL RECOR Ti _ T-TnT Tc>r: the bill and to speed this legislation and read a third time, and was read through the other body. the third ti me . Abernethy The lliotion to recommit will do just MOTION TO RECOMMIT OFFERED Y Adair two things. It will strike the provision MR. DERWINSKI Adams as to the high-3-years average on retire- Addabbo Mr. DERWINSKI. Mr. Speaker, I of. Albert lbert fer a motion to recommit. Alexander of Congress and anyone covered by the Anderson, civil service retirement fund, In other The SPEAKER. Is the gentleman op. Calif. swords, it would leave the law as it id at posed to the bill? Anderson, present, with the 5provision. Mr. DERWINSKI. I am, in its prey- Andrews, s. 5-year-high ent form. The other change it would make is that The SPEAKER. The Clerk will re- Annun io it would strike line 20, page 8, the lib- port the motion to recommit. Aspinall eralization provision for congressional The Clerk read as follows: Ayres employees. Barrett It does not touch unused sick leave, it Mr. DERWINSKI moves to recommit the Bell, Calif. bill, H.R. 9825, to the Committee on Post Bennett does not touch the retirees' annuity. It Office and Civil Service with instructions Berry does not touch title II as it applies to to report the same back forthwith with the Bester widows and widowers. It merely elimi- following amendments: Bin nates the 3-high-year provision and re- On page 3, line 10, strike out "Congres.- Blanton .moves from the bill the additional lib- sional employee and a". Blatnik eralization that was to be afforded only On page 4, between lines 7 and 8, strike Boggs to congressional employees. out the schedule relating to Member or em- Boland ployee for Congressional employee service. Bolling Mr. Chairnan, in view of the spirit of On page 8, beginning with line 20, strike Bow aemas anxiety in the House and the desire of out all of line 20 and all that follows down Brasco the House to mo e diti v expe ously but thh th rouge end of line 3 on page 9. effectively, these are the provisions of On page 9, line 4, strike out "(3) the motion to recommit. On page 8, strike out all of section 201 Mr. HAYS. Mr. Chairman, will the beginning with line 3 down through line 6 gentleman yield? and renumber the succeeding sections and Mr. DERWINSKI, I yield to the gen- references thereto accordingly. tleman. The SPEAKER. Without objection, the Mr. HATS. Your motion to recommit previous question is ordered on the mo- ik st r es out the provision for th hih tito egon recommit. 3 years for all Government employees; There was no objection. h is t at right? Mr. DERWINSKI. Right, and for all Members of Congress. Mr. HAYS. Well, I know that-but I want the Members -to know what they are doing to Government employees if they vote for the motion to recommit. Mr. DERWINSKI. The purpose, of course, is not to have premature retire- ment of the affected Government em- ployees that we have covered by the civil service retirement fund. In view of that fact and obviously from what I see by the expression of the Members, I got my message across and they may be rallying to the support of the motion to recommit. Mr. Chairman, I yield back the the balance of my time. The CHAIRMAN. Under the rule, the Committee rises. Accordingly the Committee rose; and the. Speaker. having resumed the chair, Mr. MCFALI,, Chairman of the Commit- tee of the Whole House on the State of the Union, reported that that Commit- tee, having had under consideration the bill (H.R. 9825) to amend subchapter III of chapter 83 of title 5, United States Code, relating to civil service retirement, Collier and for other purposes, Collins pursuant to Colmar House Resolution a80, he reported the con:te bill back to the House with an amend- C ? ier ment adopted by the Committee of the Daniel, Va. Whole. Davis, Ga. Wis. The SPEAKER. Under the rule, the Davis, Delienbac ack previous question is ordered. Denney The question is on the amendment. Dennis The amendment was agreed to. Devine The SPEAKER. The question is on Dickinson Dorn Kuykendall Steiger, Wis. Lan en Latta Stuckey Lloyd Talcott Lujan Taylor McClure Thomson, Wis. McCulloch Vander Jagt Mahon . Wampler Marsh Watkins Martin Whalley Mayne Whitten Michel Wiggins Miller, Ohio Winn Mize Wold Mizell Wydler Montgomery Wylie the engrossment and third reading of the Dowdy Mosher Wyman bill. Duncan Nelsen Zion Dwyer O'Neal, Ga. The bill was ordered to be engrossed Edwards, Ala. Pickle The SPEAKER. The question is on the motion to recommit. Mr. GERALD R. FORD. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The question was taken; and there were-yeas 129, nays 281, answered "present" 1, not voting 21, as follows: [Roll No. 119] YEAS-129 Abbitt Erlenborn Poage Anderson, Ill. Eshleman Poff Andrews, Ala. Findley Price, Tex. Arends Fisher Quillen Ashbrook Ford, Gerald R. Railsback Baring Foreman Reid, Ill. Beall, Md. Fountain Rhodes Belcher Gaydos Robison Betts Goldwater Roth Brock Goodling Roudebush Broomfield Gross Ruth Brotzman Grover Satterfield Brown, Ohio Hall Saylor Burleson, Tex. Hansen, Idaho Schadeberg Byrnes, Wis. Harvey Scherle Camp Hastings Schneebell Carter Hull Sebelius Cederberg Hunt Shriver Chamberlain Hutchinson Skubitz Clancy Ichord Smith, Calif. Clausen, Jarman Snyder Don H. Johnson, Pa. Springer Clawson, Del Jonas Stafford Cleveland Keith Steiger, Ariz. H 6235 NAYS-281 Garmatz Nix Gettys Obey Gialmo O'Hara Gibbons Olsen Gilbert O'Neill, Mass. Gonzalez Ottinger Gray Passman Green, Oreg. Patman, Green, Pa. Patten Griffin Pelly Griffiths Gubeer Gude Hagan Haley Hamilton Hammer- schmidt Pepper Perkins Pettis Philbin Pike Pirnie Podell Pollock Hanley Preyer, N.C. Hanna Price, 111. Hansen, Wash. Pryor, Ark. Harsha Pucinski Hathaway Purcell Hays Quie Hebert Randall Hechler, W. Va. Rarick Heckler, Mass. Rees Helstoski Reid, N.Y. Hicks Relfel Hogan Reuss Bray Holifleld Riegle Brinkley Horton Rivers Brooks Hosmer Roberts Brown, Calif. Hungate Rodino Broyhill, N.C. Jacobs Rogers, Colo. Buchanan Joelson Rogers, Fla. Burke, Fla. Johnson, Calif. Ronan. Burke, Mass. Jones, Ala. Rooney, N.Y. Burlison, Mo. Jones, N.C. Rooney, Pa. Burton, Calif. Jones, Tenn. Rosenthal Bush Karth Roybal Byrne, Pa. Cabell Caffery Cahill Casey Cellar Chappell Chisholm Clark Clay Cohelan Conable Conyers Corbett King Kleppe Kluczynski Koch Kyl Kyros Landgrebe Leggett Lennon Long, La. Long, Md. Lowenstein Coughlin McClory Cunningham McCloskey Daddario McDade Daniels, N.J. McDonald, Dawson Mich. de la Garza McEwen Delaney McFall Dent McKneally Diggs McMillan Dingell Macdonald, Donohue Mass. Downing MacGregor Dulski Madden Eckhardt Mailliard Edmondson Mann Edwards, Calif. Mathias Edwards, La. Matsunaga Eilberg May Esch Meeds Evans, Colo. Melcher Evins, Tenn. Meskill Fallon Mikva Farbstein Miller, Calif. Fascell Mills Feighan Minish Flood Mink Flowers Minshall Flynt Mollohan Foley Monagan Ford, Moorhead William D. Morgan Fraser Morse Frelinghuysen Morton Frey Moss Friedel Murphy, Ill. Fulton, Pa. Murphy, N.Y. Fulton, Tenn. Myers Fuqua Natcher Galiflanakis Nedzi Gallagher Nichols St Germain St. Onge Sandman Scheuer Schwengel Scott Shipley Sikes Sisk Slack Smith, Iowa Smith, N.Y. Staggers Steed Stephens Stokes Stratton Stubblefield Sullivan Symington Teague, Calif. Teague, Tex. Thompson, Ga. Thompson, N.J. Tiernan Tunney Udall Utt Van Deerlin Vamik Vigorito Waggonner Waldie Watson Watts Weicker Whalen White Whitehurst Widnall Williams Wilson, Bob Wilson, Charles H. Wolff Wright Wyatt Yates Yatron Young Zablockf Zwach ANSWERED "PRESENT"-1 Brown, Mich. Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 Approved For Release 2001/11/01 : B00364ROO0500160004-2 CONGRESSIONAL RECORD- HOUSE u y 23, 1969 NOT VOTING--21 Aebley Fish Lipscomb riacc':gi Halpern Lukens Blackburn Hawkins O'Konski E. o: hill, Va. Henderson Powell Burton, Utah Howard Rostenkowski t' it y Kirwan Stanton Culver Landrum Ullman So the motion to recommit was re- rejected. The Clerk announced the following rairs: Mr. Henderson with Mr. Broyhill of Vir- gnia. Mr. Kirwan with Mr. Blackburn. Mr. Rostenkowski with Mr. Lipscomb. Mr. Carey with Mr. Fish. Mr. Biaggi with Mr. Halpern. Mr. Landrum with Mr. Burton of Utah. Mr. Howard with Mr. Lukens. Mr. Hawkins with Mr. O'Konski. Mr. Culver with Mr. Stanton. Mr. Ashley with Mr. Ullman. Mr. TEAGUE of California changed his vote from "yea" to "nay." The result of the vote was announced as above recorded. The SPEAKER. The question is on the passage of the bill. Mr. GERALD R. FORD. Mr. Speaker, on that I demand the yeas and nays. The yeas and nays were ordered. The question was taken; and there were-yeas 358, nays 48, not voting 26, Karth Nelsen Kestenmeier Nichols Kazen Nix Kee Kith King Kleppe Klucry nski Koch Ku u> kendall Kyl K? roe Landgrebe Lar g:ni Legg' tt Lennon Long, La. Long, Md. Low, rstein Lujan McCarthy N"", 'Ory - McCloskey McClure MrCUlloch McDade Mr'O" aid, Mich. Mcfwen McFall 1v1c Kn ~ ally McMillan IN_P.-Iorald, Mass. Msici egor Madden Mail l i and Mare Mathias M et=unaga Meeds M=lciier Meskill NS'kva Miller, Calif. Mills YEAS-358 Fountain Fraser Frelinghuysen Frey Friedel Fulton, Pa. Fulton, Tenn. Fuqua Galifiar skis Gallagher Garmi tz Gaydos Gettys Giafmo Gibbons Gilbert Goldwater Gonzalez Gray Green. Oreg. Greer., Pa. Griffin Griffiths Grover Gubser Glide Hagan Haley Hamilton Haminer- scbmidt Hanley Hanna Hansen, Idaho Hansen, Wash. Harsh a Harvey Hastings Abernethy Celler Adair Chamberlain Adams Chappell Addabbo Clancy Albert Clark Alexander Clausen, Arderson, Don H. Calif. Clawson, Del Anderson, Clay Tenn. Cohelan A"drews, Collins N. Dale. Conable Annunzio Corte Arends Conyers A^pinall Corbett Ayres Corman B irirg Coughlin Barrett Cramer Beall, Md. Cunningham Belcher Daddario Bell, Calif. Daniels, N.J. Bennett Davis, Ga, terry Davis, Wis, Betts Dawson Bevill Delaney Biester Dellenback Bingham Denney Blanton Dent Blatnik Diggs Boggs Dingell B-eland Donohue Bolling Dorn Bow Dowdy Brademas Downing Brasco Dulski Brinkley Dwyer Brock Eckhardt gooks Edmondson Broomfield Edwards, Ala. Hathaway Brotsnaan Edwards, Calif. Hays Brown, Mich. Edwards, La. Hebert Brown, Ohio Eilberg Hechler, W. Va. Broyhill, N.C. Erlenborn Heckler, Mass Buchanan Eech Burke, Fla. Evans, Colo. Hicks Burleson, Tex. Evins, Tenn. Hogan Burlison, Mo. Fallon Holifleld Burton, Calif. Farbktein 'Horton Bush Faseen Roamer Button Feighan HHun~ate Byrne, Pa. Findley ;.yrnes, Wis. Fisher JJacobs arman Cebell Flood Joelson Caffery Flowers Cahill Flynt Johnson. Calif. e"amp Ford, Gerald R. Johnson, Pa. Carter Ford, Jones, Ala. Casey William D. Jone , Neon Cederberg Foreman Mink -hall Mize Miz"ll Mollohan Mor_agan Moorhead Morgan Tip. Morton Mosher Moss Murphy, Ill. Murphy, N.Y. M-rs Watcher N_dzi obey O'Hara Olsen O'Neal, Ga. O'Neill, Mass. Ottinger Parsman Patman Pat ten Pelly Pepper Perkins P-ttia Philbin Pickle Pike Podell Pollock Preyer, N.C. Price, Ill. Pryor, Ark. Pucir ski Purcell Quie Railsback Randall Parick Rees 1Z id. Ill. Reid, N.Y. Reifel Reuss Rhodes Rivers )'rb^rts Robison odi o Rogers, Colo. ,Rogers, Fla. Ronan Roorey, N.Y. Rooney, Pa. Rosenthal Roudebush Roybal R.uone Ruth R?an St Germain St.O"ge Sandman Schauer r -hwe gel Scott i- , h-elius Shipley Sh-leer Sikes c~k Skubitz NAYS-48 Abbitt Goodling Anderson, Ill. Gross Andrews. Ala. Hall A=hbrook Hull Bray Hutchinson Cl, veland Ichord Collier Jonas Colmer Latta Daniel, Va. Lloyd Dennis Mahon Derwinski Marsh Devine Martin Dickinson May Duncan Mayne Fehleman Michel Foley Miller, Ohio Slack Smitlh, Calif. Smith, Iowa Smith, N.Y. Snyder Stafford Staggers Steed Steiger, Wis. Stephens Stokes Stratton Stu$blefleld Stuckey Sullivan Se irgton Taft Talcott Taylor T a@,ue, Calif. Teague, Tex. Thgmpson, Ga. Thdmpson, N.J. Thomson, Wis. Tiernan l iulneY Udall Utt Vail Deerlin Vander Jagt V arlik Vignrito WJa.gonner Wadie Wakknnpler Watkin s u'atson wants 1 tepcker Whalen Whalley White W bitehurst W idn all Wiggins N-P? liams Wilson, Bob Wilson, Charles H. Winn Weld ivclif Wright Wyatt Wydler Wyman Yates Yatron Young Zablocki Zion Zwach Montgomery P ilrn ie P6age P?ff Price, Tex. ill RRbbthen Satterfield Saylor Schadeberg Scherle SchneebeIi Springer Steiger, Ariz. 'Whitten Wylie Ashley Cowger Biaggi Culver Blackburn de la Garza Brown, Calif. Fish Broyhill, Va. Halpern Burke, Mass. Hawkins Burton, Utah Henderson Carey Howard Chisholm Kirwan Landrum Lipscomb Lukens O'Konski Powell Rostenkowski Stanton Ullman Mr. Howard with Mr. Cowger Mr. Hawkins with Mr. O'Konski. Mr. Culver Wit" Mr. Burton of Utah. Mr. Ashley with Mr. Lukens. Mr. Burke of Massachusetts With Mr. Stanton. Mr. Ullman with Jr. Powell. Mr. de la Garza with Mr. Lan irum. Mr. Brown of Californi:t with Mrs. Chisholm. The result of the vote was announced as above recorde i. 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 n-ay have 5 i ?;islative days in which to rcvhe and extcns1 their re- marks on the bill just passed. The SPEAKER rro tompore (Mr. EDMONDSON). Is there objection to the request of the gentleman from New Jersey? There was no objection. PERMISSION FOR SELECT COMMIT- TEE ON SMALL BUSINESS TO SIT DURING GENERAL DEBATE THURSDAY AND FRIDAY Mr. EVINS of Tennessee. Mr. Speaker, I ask unanimous consent that the House Select Committee on Small Business be permitted to sit during general debate on Thursday an 3 Friday of this week, July 24 and 25. The SPEAKER pro tenlpore. Is there objection to the request of the gentle- man from Tennessee? There was no objection. THE 91ST CONGRESS-A REPORT (Mr. HANNA asked and was given permission to address the House for 1 minute, to-revise and r xtend his re- marks and include extraneous matter.) Mr. HANNA. Mr. Speaker, it is already presaged by some statements and easily predictable in more to follow that the press will be characterizing this session as a "do little Congress." In anticipation of such unjustified categorizing and in an attempt to place things in their proper perspective may I suggest a closer view of what this Congress really is all about. First and foremost it must be realized and appreciated that Congress does. not sit to simply arithmatically score up a continual enactment of legislation. Rarely has there been such a disgorging of legislative bills as was experienced in the first 2 years of the Johnson admin- istration, It is discernable by even the most casual observer that Mr. Nixon has assumed the stance of caution and de- liberation for his administration's first 2 years. Following as he does the exuberant Johnson years of vigorous legislation, his approach has much to commend it. Now we need to measure the performance of these programs; perfect their application, and to make effective the implementation of laws already in existence. Congress plays a dynamic and effective role in this approach as much as in the more dra- matic business of passing new laws. The Clerk announced the following pairs: Mr. Henderson with Mr. Broyhill of Virginia. Mr. Kirwan with Mr. Blackburn. Mr. Rostenkowski with Mr. Lipscomb. Mr. Carey with Mr. Fish. Mr. Biaggi with Mr. Halpern. Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2 So the bill was passed. July 18, 19694pproved ROg4Mt1/IUC Q'30 X00160004-2 Committee on Public Works: July 24, executive, on S. 7, pro- posed Water Quality Improvement Act of 1969, 1o a.m., 4110 New Senate Office Building. Committee on RuZes and Administration: July 23, executive, on committee business, To a.m., 301 Old Senate Office Building. Select Committee on Small Business: July 22 and 23, to resume hearings on cargo theft and pilferage at airline terminals and waterfront docks, To a.m., 318 Old Senate Office Building. Select Committee on Nutrition and Human Needs: July 22-24, to continue hearings on the role of private industry in meeting the nutritional needs of the American people, To a.m., Tuesday and Wednesday in 1202 New Senate Office Building, and Thurs- day in 318 Old Senate Office Building. Special Committee on Aging: July 25, Subcommittee on Retire- ment and the Individual, to hold hearings on the Federal role in economic preretirement planning and new work-lifetime pat- terns, 1o a.m., 3110 New Senate Office Building. House Chamber Monday, Consent Calendar and the following suspen- sions: i. H.R. 11651, temporary emergency assistance to pro- vide nutritious meals to needy children; 2. H.R. 10.987, to extend National Commission on Product Safety; 3. H.R. 11609, to authorize the construction of an entrance road, at Great Smoky Mountains National Park, N.C.; and 4. H.R. 11363, to prevent the importation of endan- gered species of fish and wildlife into the United States. Tuesday, H.R. 12781, Department of the Interior and related agencies appropriation bill for fiscal year 1g7o. Wednesday, H.R. 9825, Civil Service retirement financing and benefit's (open rule, 2 hours of debate). Thursday and balance of week: H.R. -, Departments of State, Justice, Commerce, the Judiciary, and related agencies appropriation bill for fiscal year 1970; and H.R. 2, separate Federal credit union agency (open rule, i hour of debate). NoTE.-Conference reports may be brought up at any time. Any further program will be announced later. House Committees Committee on Agriculture: July 21, to hear Members of Con- gress on bills pending before the committee which would extend or amend existing laws on the general farm program, To a.m., 130.1 Longworth House Office Building. July 22, full committee, to hear Members of Congress on all bills pending before the committee which would extend or amend existing laws on the food stamp program. July 23, Subcommittee on Livestock and Grains, to hold hear- ing on HR. 485, to amend the Agricultural Adjustment Act of 1938 with regard to wheat, To a.m., 13o2 Longworth House Office Building. July 23, Subcommittee on Departmental Operations, to hold hearing on H.R. 10236 and related bills, to amend Federal Seed Act, 1o a.m., 1301 Longworth House Office Building. Committee on Appropriations: July 21, executive, to consider the Departments of State, Commerce, Justice and judiciary appro- priations for fiscal year 1970, 11 a.m., H-140, Capitol. Subcommittee on Military Construction, executive, 2 p.m., B-3oo Rayburn House Office Building. D 647 Subcommittee on Legislative, executive, 2 p.m., H-302, Capitol. Committee on Armed Services: July 21, executive, to consider H.R. 12171, amended, military construction authorization for fiscal year 1970, 1o a.m., 2118 Rayburn House Office Building. July 22, 24, and 25, full committee, executive, to continue hearings on Army military posture and fiscal year 1970 military procurement authorization, To a.m., 2118 Rayburn House Office Building. Committee on Banking and Currency: July 21, 22, 23, and 24, Subcommittee on Housing, to continue hearings on housing legis- lation, 1o a.m., 2128 Rayburn House Office Building. July 22, Ad Hoc Subcommittee on Urban Growth, to continue hearings on population trends in the United States, 2 p.m., 2222 Rayburn House Office Building. Committee on the District of Columbia: July 22, executive, to meet for discussion of revenue legislation, To a.m., 131o Long. worth House Office Building. Committee on Education and Labor: July 21, Select Subcom- mittee on Education, to continue hearings on H.R. 9312, Drug Abuse Education Act of 1969, 9:45 a.m., 2175 Rayburn House Office Building. July 22, General Subcommittee on Labor, executive, to mark up coal mine health and safety legislation, To a.m., 2175 Rayburn House Office Building. July 23, General Subcommittee on Education, executive, to consider H.R. 866o and H.R. 9065, the Learning Disabilities Act; and H.R. 4807 and H.R. 12814, to provide for educational assist- ance for gifted and talented children, 9:45 a.m., 2261 Rayburn House Office Building. Committee on.Foreign AbFairs: July 22, executive, 25, open, to continue hearings on H.R. 11792, proposed foreign aid legis- lation, 1o a.m., 2172 Rayburn House Office Building. July 22, Subcommittee on Europe, executive, for briefing on recent visit to Europe by Hon. Martin J. Hillenbrand, Assistant Secretary of State for European Affairs, 2:30 p.m., 2200 Rayburn Building. July 22, Subcommittee on National Security Policy and Scien- tific Developments, to continue hearings on the advisability of a MIRV testing moratorium, 2 p.m., 2255 Rayburn House Office Building. July 23, full committee,-to hold hearings on H.R. rr039, to amend further the Peace Corps Act, as amended, 10 a.m., 2172 Rayburn House Office Building. July 24, full committee, executive, to markup H.R. 11039 (explanation above), fo a.m., 2172 Rayburn House Office Building. Committee on Interior and Insular Affairs: July 21, Subcom- mittee on National Parks and Recreation, to hold hearing on H.R. 12578 and S. 1686, relating to age limits in connection with appointments to the U.S. Park -Police, 9:45 a.m., 1324 Longworth Building. July 22, Subcommittee on National Parks and Recreation, to hold hearing on H.J. Res. 81, to provide for the development of the Eisenhower National Historic Site at Gettysburg, Pa.; and H.R. 7066, to provide for the establishment of the William Howard Taft National Historic Site, 9:45 a.m., 1324 Long- worth Building. July 23, full committee, to consider H.R. 850 and S. 713, to designate the Desolation Wilderness, Eldorado National Forest, in the State of California; and H.R. 6223 and S. 912, to provide for the establishment of the Florissant Fossil Beds National Monument in the State of Colorado, 9:45 a.m., 1324 Longworth Building. Committee on Internal Security: July 22, 23, and 24, to con- tinue investigation into SDS activities with examination of SDS activities at George Washington and American University cam- puses, To a.m., 311 Cannon House Office Building. Approved For Release 2001/11/01: CIA-RDP71B00364R000500160004-2 Approved g4g)RneI%1i(1,1 41? RDFhTAW3bAl?iW00160004 -~uly 18, 1969 Next meeting of the SENATE 11:00 a.m., Tuesday, July 22 Committee on Interstate and Foreign Commerce: July 21, 22, 23, 24, and 25, to hold hearings on H.R. 12374, H.R. 12780, and related bills, airways and airport development, io a.m., 2123 Rayburn House Office Building. Committee on the Judiciary: July 23, Subcommittee No. 2, executive, on private claims bills, to a.m., 2226 Rayburn House Office Building. July 24, Subcommittee No. 1, to hold hearing on private im- migration bills, 10:30 a.ni., 2237 Rayburn House Office Building. July 24, Subcommittee No. 2, to hold hearing on private claims bills, in a.m., 2226 Rayburn House Office Building. Committee on Merchant Marine and Fisheries: July 22, Sub- committee on Merchant Marine, to hold hearings on H.R. 210, to eliminate requirements for disclosure of construction details on passenger vessels meeting prescribed safety standards, and H.R. 12605, to amend section 613 of the Merchant Marine Act, 19.36, as amended, 10 a.m., 1334 Longworth House Office Building. Committee on Post Office and Civil Service: July 22, 23, 25, to continue hearings on postal reform, ro a.m., 21o Cannon House Office Building. July 22, Subcommittee on Manpower and Civil Service, execu- ive, to consider H.R. 10247, to amend title 5, United States Code, to grant court leave to employees of the United States and the District of Columbia when called as witnesses in certain judicial proceedings on behalf of State and local governments, 9: o a.m., 320 Cannon House Office Building. July 22, Subcommittee on Compensation, executive, to con- sider H.R. 12823 and similar bills, employee pay comparability, 9:3o a.m., 209 Cannon House Office Building. ./ July 24, full committee, executive, to consider action recom- mended by Subcommittee on Compensation on Federal salaries; and H.R. 12884, to assure confidentiality of information fur- nished on the census, 10 a.m., 210 Cannon House Office Building. Committee on Public Works: July 22 and 23, Subcommittee on Roads, to continue hearings on H.R. 11870, to amend section 127 of title 23, United States Code, relating to vehicle weight and width, limitations on the Interstate System; and H.R. 1161g, to Extensions of Remarks, as inserted in this issue SENATE Dole, Robert, Kans., E6109 Javits, Jacob K., N.Y., E6110 HOUSE Annunzio, Frank, Ill., E6117 Conyers, John, Jr., Mich., E6112 Dulski, Thaddeus J., N.Y., E6111 Farbstein, Leonard, N.Y., E6112 Congussionai Rtcord Next, meeting of the HOUSE OF REPRESENTATIVES 12:00 noon, Monday, July 21. amend section 127 of title 23 of United States Code relating to vehicle width limitations on the Interstate System in order to increase such limitations for motorbuses, 1o a.m,, 2167 Rayburn House Office Building. Committee on Rules: To continue hearings on H.J. Res. 681, direct popular election of the President and Vice president, ro:3o a.m., H-313, Capitol. Committee on Science and Astronautics: July 22, 23, and 24, Subcommittee on Science, Research, and Development, to con- tinue hearings on centralization of Federal science activities, to a.m., 2325 Rayburn House Office Building. Select Committee on Small Business July 22, 23, 24, and 25, to hold hearings on programs and policies of the Small Business Administration, 10 a.m., 2359 Rayburn House Office Building. Committee on Standards of Official Conduct: July 23, execu- tive, on pending business, 2 p.m., 2360 Rayburn House Office Building. Committee on Ways and Means: July 21, executive, to con- tinue executive consideration of tax reform, to a.m., committee room, Longworth House Office Building. Joint Committee Meetings Joint Economic Committee: July 23 and 24, Subcommittee on Urban Affairs, to resume hearings on industrialized housing, 1o a.m,, G-3o8 New Senate Office Building. COMMITTEE MEETINGS FOR SATURDAY, JULY 19 (All meetings are open unless otherwise designated) Senate No meetings are scheduled. House Committee on Post Office and Civil Service. Subcommittee on Compensation, to continue hearings on pending pay legislation, 9:3o a.m., 21o Cannon House Office Building. Fraser, Donald M., Minn., E6109 Lowenstein, Allard K., N.Y., E6111 Robison, Howard W., N.Y., E6111 Ronan, Daniel J., Ill., E6112 Teague, Olin E., Tex., E6116 The public proceedings of each House of Congress, as reported by the official Reporters thereof, are printed pursuant to direc- tions of the Joint Committee i P ti on r n ng as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, ex- cepting very infrequent instances when two or more unusuall ' email con c ti i y se u ve ssues are printed at one time. Q The Congressional Record will be furnished by mail to subscribers, free of postage, for $1.50 per month, payable in advance, Remit check or money order, made payable to the Superintendent of Documents, directly to the Government Printing Office, Washington, D.C. 20402. For subscription purposes, 20 daily issues constitute a month. The charge for individual copies varies in proportion to the size of the issue. Q Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and is sold by the Superintendent of Documents in individual parts or by sets. Q With the exception of copyrighted articles, there are no re- strictions on the republication of material from the Congressional Record. Approved For Release 2001/11/01 : CIA-RDP71B00364R000500160004-2