H 2344

The SPEAKER pro tempore. The
Clerk will report the last amendment
in disagreement. :

The Clerk read as follows:

Senate amendment No. 199: Page 41,

strike out lines 9 to 19, Inclusive, and insert: °

Sec. 305. No bill or resolution providing
new budget authority for fiscal year 1982 or
providing new spending authority described
in sectlon 401(c2)(C) of the Congressional
Budget Act of 1974 In excess of the alloca-
tion to or report by a committee or subcom-
mittee pursuant to section 302 of the

Budget Act shall be enrolled until Congress -

has completed action on the Second Budget
Resolution for that fiscal year as.required
to be reported under section 310 of the
Budget Act; and, if a reconciliation bill or
reconciliation resolution, or both, are re-
quired to be reported under section 310(c),
until Congress has completed action on that
bill or resolution or both. .

Mr. JONES of Oklahoma (during
the reading). Mr. Speaker, I ask unani-
mous consent that the amendment be
considered as read and printed in the
RECORD. :

The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from Oklahoma? ~~

There was no objection. .
MOTION OFFERED BY MR. JONES OF OKLAHOMA

Mr. JONES of Oklahoma... Mr.
Speaker, I offer a motion. .

The Clerk read as follows:

Mr. Jones of Oklahoma moves that the

House recede from its disagreement to the
amendment of the Senate, numbered 199,
and agree to the same with amendments as
follows: Strike out the matter proposed to
be inserted by the Senate amendment, and
restore the matter proposed to be stricken
out by the Senate amendment.

On page 41, line 9, of the House engrossed
concurrent resolution, strike out “Sec. 306.
(a)” and insert the following: “Sec, 305.”.

Qn page 42 of the House engrossed con-
current resolution, strike out lines i
through 3.

Mr. JONES of Oklahoma (during
the reading). Mr. Speaker, I ask unani-

mous consent that the motion be con-

sidered as read and printed in the
REcorRD.

The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from Oklahoma?

There was no objection.

The motion. was agreed to.

 

MOTION TO INSTRUCT CONFER-
EES TO AGREE TO SECTION 303
OF SENATE. AMENDMENT TO
H.R. 31, THE CASH DISCOUNT
ACT

Mr. MADIGAN. Mr. Speaker, I offer
a privileged motion.

The SPEAKER pro tempore. The
Clerk will report the motion.

The Clerk read as follows:

Mr. MapiIcan moves that the managers on
the part of the House at the committee of
conference on the bill H.R. 31 be instructed
to agree to section 303 of the Senate amend-
ment which removes the age restriction for
appointment to the Surgeon Generalship.

The SPEAKER pro tempore. The
gentleman from INinois (Mr. Mapican)
is recognized for 1 hour,

_ will give.a brief recap: =.

palin © pies  Hpr Abela:

CONGRESSIONAL RECORD — HOUSE

Mr. MADIGAN. Mr. Speaker, I yield
myself such time as I may consume.
Mr, Speaker, I rise to urge my col- .

. leagues to support my motion to in-
struct House confcrees on nongermane .
provisions found in H.R. 31, the (Cash

Discount Act.- - : as.
As some of my colleagues may not be
aware of the situation on this bill, I

H.R. 31, the Cash Discount Act, was
reported by the House Banking Com-

ttee and passed the’ House. It. was
amended on the floor of the other
body with the insertion of nonger-
mane language relating to the Public
Health Service Act. When returned to.
this body, the speaker referred the.

“nongermane portion of the amended .

bill to the Subcommittee on: Health
and the Environment of. the Energy

| May 20,1981

address the age discrimination. ques-
tion. I know his particular aversion to
such discrimination, no matter where
it is found, and would urge my col-
leagues to associate themselves with

our dislike of-such practices.

9

Recognizing the discriminatory ef-
fects -of: the present Public Health
Service Act language, the other body

: sought to ease. the situation by ap-

pending nongermane language to H.R.
31. Their amendmerit exempts an indi- |

.. vidual 64 or-over from requirements™

which preclude appointment as: Sur-
geon General.

- These. discriminatory statutory re-
quirements unduly restrict the ability
of the President to appoint as Surgeon
General individuals who have excep-
tional qualifications in medicine and

‘guished chairman,

. appointed conferees ort this bill. Three | ’
“ weeks ago, the other house did like-»
‘wise. Conferees have unsuccessfully ©

attempted to meet on two occasions. —

' worthwhile. piece of legislation has °

, health care administration merely be-
“cause those individuals have attained
*@ certain age. For instance,-the Presi-
dent wants to appoint a very distin- .
guished and able surgeon and medical
’ professor, an individual who has many
years of volunteer public health serv-
d4ce.in his background. This physician
has been, surgeon-in-chief of a major
children’s . hospital in ‘the United
States, is a wor weknowmed pediatric
surgeon, as well as an ovator o
This then is the situation today: A new techniques in surgical procedures

and Commerce Committee. Our distin-
the ° gentleman.
from California, called one day of
hearings at which we discussed this
and ancillary issues. The subcommit-.
tee and full committee took no futher:
action.:Some 6 weeks ago, the ‘House.

. . relating to childhood cancer, In addi-
guage: in sddition, unrelated concerns; tion, this distinguished physician in-
have intruded upon the. central issue’, spired the creation of the first neona- -
of the amending language ‘found in, ‘#1 surgical Intensive care unit in the
the bill. : : 4, gues. » United States, a service which has con-
As a result of this deadlock, I‘rise «. ttibuted significantly to the reduction .
today to seek my colleagues’ approval ° of new-born mortality. rates. Due. to
of a motion to instruct conferees to is activities in educating. medical pro-
accept language which would resolve . fessionals, he has ‘raised the standard
certain problems created by the other. Of surgical care for children and.
discuss this specific language, howev- many other parts of the world. A great
er, I would like to direct this body’s at- ‘number.of his former students are
tention to what I consider a serious "OW well established as professors of
flaw in the Public Health Service Act. Pediatric surgery, division chiefs in pe. —
The Public Health Service Act as it diatric surgery, and surgeons in chief
relates to the service of the Surgeon .°f children’s hospitals... ©...»
General .unduly discriminates ‘on the.. This individual has been a professor
basis of age. I find such discrimination . of pediatric surgery and pediatrics at a
to be unwarranted. — mo major eastern university, a diplomat

The Surgeon General of the Public of the American Board of Surgery, a

’ Health Service is one of the key posts . fellow of the American College of Sur-

in the Department of Health and. geons and the American Academy of

Human Services. The Surgeon. Gener- . Pediatrics, and is specially certified in

al is also the highest ranking officer in pediatric: surgery. by--the American
the commissioner corps of.the Public . Board of Surgery. His other profes-
health Service, one of the seven uni-:: sional memberships include the Soci-
formed services of the United States. .. ety for University Surgeons, the Phila-
Under existing statute, an individual delphia. Academy of Surgery, the
who is 64 years of age or, older may American Pediatric Surgical Associ-
not receive an original appointment in ation, the British Association of Pedi-
the commissioned corps because of. atric Surgeons, the International Soci-.
prohibitions contained in the: retire-' ety of Surgery, the Deutsche Gesells-;
ment authority. The law. mandates, chaft fur..Kinderchirurgie, the. Mar-3
that a commissioned officer be retired  seille Surgical Society, and the College’
on the-first day of the month immedi-' of Surgeons of the Dominican’ Repub-
ately following the month he or she’ lic. Further, he has received:: many
attains the age of 64. I consider this honors, awards, and honorary degrees,
age discrimination of the -worst sort and has engaged in public health ac-
and would hope that, my: colleagues tivities in more than three dozen coun-
would agree, 4 So _ tries around the world. And yet, due to.
I would also like to point out the the mere fact. this individual is over
support of my chairman, the gentle- the age-of 64,*he is statutorily pre-

- man from California, in our efforts to cluded from nomination and confirma-
May 20, 1981

tion as Surgeon General of the United
States. I find such discrimination
based on an individual’s age to be re-
pugnant to the fundamental principles
of our society. In addition, I would like
to provide the President of the United
States with greater flexibility in the
administration and management of
the Public Health Service and the
Public Health Service Commission
Corps. As a result, I urge my col-
leagues to support this motion to in-
struct conferees to accept language
which eliminates these unnecessary
restrictions. I urge you to do so be-
cause it is only proper that we allow
individuals who have achieved mature
years to serve in responsible positions
in this Government.

Mr. BIAGGI. Mr. Speaker, will the
gentleman yield?

Mr. MADIGAN. I yield to the. gen-
tleman from New York.

Mr. BIAGGI. I thank the gentleman

for yielding.

I rise in support of the gentleman’s
motion for two very specific reasons:
One, I think the President should be
given the flexibility necessary in order
to flesh out his administration organi-
zation.

But even more significant is the
question of discrimination. The gentle-
man has expressed his opposition to
that practice and clearly the Congress
has spoken out on this issue many
times, but more importantly, the Con-
gress has enacted legislation which re-
moved mandatory retirement in most
quarters in our country.

We are in the process of deliberating
on the areas remaining. The Select
Committee on Aging, of which the il-
lustrious gentleman from Florida (Mr.
PEPPER) serves as chairman, has been
in the forefront in dealing with dis-
crimination.

I, as a member of that committee,
and chairman of one of its subcommit-
tees, have attempted to consistently
eliminate any form of discrimination
in relation to the elderly in every pro-
gram in our Nation.

To have it applied here because it
deals with one individual, I believe, is
certainly outrageous.

I would certainly hope that if the
motion is carried—and I hope it will
be—that we address ourselves to the
broader area, to all individuals who
might be considered for appointment
by the President, that appointment
not to be inhibited by virtue of his
age,

e congratulate the gentleman for his
motion.

Mr. MADIGAN. I thank the gentle- -

man for his support.

Mr. KEMP. Mr. Speaker, will the
gentleman yield?

Mr. MADIGAN. I yield to the distin-
guished chairman of the Republican
Conference, the gentleman from New
York (Mr. Kemp).

Mr. KEMP. I thank the gentleman
for yielding.

I want to thank the gentleman for
his leadership on this issue.

CONGRESSIONAL RECORD — HOUSE
‘with their Jacob D. Ehrenveller Award

 [rise, Mr. Speaker, in support of the

Madigan motion. I want to congratu-
late the gentleman from New York
I. Koop for his achievements as well. He
think needs to be raised, that it is dis- has been

«Mr. Braco) for raising an issue that I
criminatory to suggest that Dr. Koop

‘should not be allowed to serve as Sur-

geon General because he has passed, I

think by less than 100 days, the so-.

called mandatory age limit. |
There is no doubt in my mind that

there is discrimination at work in this.

The campaign that has been waged
against Dr. Koop is unfortunate. He is
one of the most distinguished Ameri-
cans, one of the most distinguished

physicians, one of the most distin.

guished humanitarians in the country.

'Dr. Koop, the President’s choice for -
Surgeon General, has been the chief.

of pediatric surgery at the Children’s

Hospital in Philadelphia for the past.
35 years. His work there has been |

dedicated to saving and improving the

‘lives of our most precious. resource,

our children,

dren’s Hospital in 1946, the surgical
services there were understaffed and
underdeveloped. The: surgical roster

‘included only three patients. Under
Dr. Koop’s leadership, ‘the surgical.
program has become one of the finest.
in the Nation. It is a training ground
for highly skilled pediatric surgeons:

from arourid the world..Today the
hospital serves over 5,000 patients per

year in need of every type of surgical |

care,

One of the reasons for the program’ 3°
success is Dr. Kéop’s medical philos-.

ophy. He has been a leader of the
movement to base the practice of pedi-
atric surgery on physiologic principles.
Prior to this, children were. ,treated as
if they were small adults, ‘and their
special needs were ignored. -

Dr. Koop has. been a pioneer in the
development of surgery. on the new-
born, His successful separation of Si-
amese twins in 1974 brought him na-
tional reccgnition. He has played a
major role in the creation of the first
newborn surgical intensive care unit,
which in turn has helped’ to signifi-
cantly reduce the mortality rates for
infants in the United States.

In addition to his work as a surgeon,
Dr. Koop has shared his experience
and knowledge through his career as a
teacher, Since 1942 he has been on the
faculty of the University of Pennsylva-

nia School of Medicine. He has lec-

tured as a visiting professor in univer-
sities worldwide. He was instrumental
in setting up a modern medical school

Ghana, and he has personally -

tratned pediatric surgeons for hospi-
tals from Korea to Krakow. « :

Dr. Koop has been accorded the
highest honors possible by his col-
leagues in the me:lical profession. he is
a past recipient of both the Ladd Gold
Medal of the American Academy of
Pediatrics and the Denis Brown Gold

Medal of the British Association of Pe-.

diatric Surgeons. The Ex-Residents of

Pennsylvania Hospital presented him.

, the. .;

“H 2345
in 1974.
Citizen groups have recognized Dr.

named man of the year by
both the Jewish Community Chaplain-

‘cy Service and the Presbyterian Social

Union of Philadelphia. He has also
been. honored by the Philadelphia

‘Chapter of the Juvenile Diabetes
‘ Foundation, the Golden Slipper Club

and Wheels; Inc. Internationally, Dr. .
Koop has been awarded the Order
Duarte, Sanchez and Mella, the Dom!i-
nican Republic’s highest honor, and is

@ member of: ‘the. French Legion of -

Honor. ptt
- Through the more than ‘170 articles
and books he has written, Dr. Koop

has ‘contributed to the rise in the

standard .of hospital. care available

throughout the Nation and the world.

He sits on the editorial boards of pedi-
atric journals in Japan and Germany,
as well as in the United States. He has

When Dr. Koop arrived at Chil. Gemonstrated his commitment to

human life. by producing, along. with
‘eminent. . theologian .. Francis
Schaeffer, the multimedia presenta-
tion.. “Whatever | ‘Happened to the
Human Race?”

We : cannot. deny “the American

‘people the. benefits of Dr. Koop’s ex-

traordinary. talent and experience be-
cause of an arbitrary age restrittion.
Therefore I urge my colleagues to vote
in favor of Mr. Manican’s motion to in-
struct. the..conferees : to ‘accept the
Helms amendment. :

I certainly want to commend. ‘the
gentleman from Illinois. not only for
his effort to bring these facts to the
attention of the Congress, but for the
effort that the gentleman has made tn
making sure that the.President does .
have the right to pick: his own Surgeon
General. | :

oO 1245

- I think, Dr. Koop is going to sérve

this country with great distinction.
(Mr. KEMP asked and was given

permission to. revise and extend his re-_

‘marks.)

Mr. MADIGAN. I want to thank the’

-. gentleman from New York for his con-

tribution.

Mr. LUKEN. Mr. Speaker, will the
gentleman yield? ‘

Mr. MADIGAN. 'I yield to the gen-
tleman from Ohio.

Mr. LUKEN. Mr. Speaker, I thank
the gentleman. Much as I am reluc- |
tant to take even the slightest issue
with my c I think the issue
here is a véry important one. —

I would like to ask the gentleman:
There are two obstacles that have to
be overcome from the appointment of

‘Dr. Koop. The elimination of the age

question, and also the elimination of a
rather archaic requirement that the
Surgeon General be appointed from
ih us Public Health Service. Is that

Mr, ‘MADIGAN. The. gentleman is
‘correct. =
H 2346

Mr. LUKEN. Therefore, In confer-
ence or at some point, if Dr. Koop is to
be appointed, there would have to be a
further amendment offered other
than the elimination ofthe age ques-
tion.

Mr. MADIGAN, Yes, at some point
in the legislative process the second
problem must be addressed. It {s our
judgment that it cannot be addressed
here because to add that language
would go beyond the scope of the
Senate amendment and make our
motion subject to a point of order.

Mr. LUKEN. I thank the gentleman.

I am really not going to testify as to .
Dr. Koop's qualifications, but I think |

it is clear that this body would want to
eliminate the age disqualification,
which is what is incorporated within
these particular instructions.

I also, as I stated when the matter
came up in the subcommittee, I think
it is also pretty clear that the provi-
sion that the Surgeon General of the
United States must be appointed from
the U.S. Public Health Service is obvi-

ously an extreme Himitation. It has.

been honored more tn the breach than
the observance,
nominee and appointee having served

a very fleeting time in the U.S. Public .

Health Service, just in transition.” -
1 think that these two obstacles
should be eliminated, and then the

consideration of Dr. Koop should be.

considered on its merits, which I do
~ fot belleve are before this body.

(Mr. LUKEN asked and was given
permiasion to revise and extend his re-
marks.)

Mr. LUKEN., Mr. Speaker, I rise in
support of Mr. Mfanican’s motion. As a
member of the Health and Environ-
ment Subcommittee to which the sur-
gcon general amendment was referred,
and as a member of the majority
party, Ido not belleve that this should
be a partisan issue. Rather {t Is an
issue of age discrimination.

If the President of the United States
wishes to appoint Dr. C. Everrett
Koop, a distinguished physician, to a
position of responsibility, he should
have his choice, if Dr. Koop is quali-
fied. We should welcome all questions
in regard to Dr. Koop, and the proper
forum for investigating his qualifica-
tions is the U.S. Senate. If evidence
shows that the doctor is not qualified
to be surgeon general, fine, but let us
not disqualify the man on the basis of
an arbitrary age limitation.

It is not within our powers as Mem-
bers of the House of Representatives
to judge the qualifications of Dr.
Koop, but if it is within our power to
remove any barrier based on race,
creed, sex, or age, we must act.

Here we are dealing with an archaic
provision in the Public Health Service
Act which allows the kind of discrimi-
nation that the distinguished chair-
man of the Select Committee on Aging
has fought so long and so successfully
to eradicate. Age barriers have fallen
in the civil service, private employ-
ment, and other sectors of American

the recent Carter ..
ak Mrs

CONGRESSIONAL RECORD — HOUSE

society. We can now. progress a step
further toward ending age discrimina-
tion by eliminating this restriction on
-the position of Surgeon General. -

. The. President. of the. United States

4s 70 years old. Is‘ not a” provision
which prevents him from appointing a.

man 6 years his junior a bit absurd?

And there is no age limit for service in|

this body. Some of our most distin-
guished Members are over the. age
limit set for, Surgeon.:General.: We
should not want to be: deprived: of

their experience: and..wisdom. gained.
over the years because. of @ limitation .

ing aside.the other. issues. involved—‘:

Dr. Koop’s controversial views and the
maneuvering which has brought us to

' this point today. I urge that we in-

struct the House conferees to accept
the Senate amendment, change this
discriminatory feature in the law, and
let the merits of the nomination be
considered in the body authorized by
the Constitution to advise and consent
to Presidential appointees. =:

Mrs. .SCHROEDER. Mr. * Speaker,

‘will the gentleman yleid? |.

purpose of debate. is asad ii rh. oge
:. Mrs. SCHROEDER, Mr: Speaker, ;
‘Just basically wanted. to ask the gentle-
man from Illinois a question about his

motion. It is.my understanding that ©

everyone in public service, or: in the
public health area, Is spbject to the
same retirement laws; is that. correct?

Mr. MADIGAN. That is my -under-
standing, yes.

Mrs. SCHROEDER. And the gentle-
man {s only asking for one person to
be exempt from that?

Mr. MADIGAN. As a matter of fact,
T have indicated, and I would say to
the gentlewoman, that I belleve the
restriction should be removed entirely.
But, if I were to offer a motion to in-
struct the conferees to do that, such a
motion would be subject to a point of
order on the floor since .the .Senate
amendment contained only .the provi-
sion relating to one individual]. But, it
is my position that it should be re-
moved entirely, and I would be willing
to cosponsor with the ‘gentlewoman a
bill to that effect.

Mrs, SCHROEDER. : What the gen-.

tleman is saying is that basically.all he
can do is for this one person at this
time. Has he introduced a. bill?.: ao
Mr. MADIGAN. No, but. I have indi-
cated to the chairman of the subcom-
mittee that I am supportive of a. bill
that wovld do what the gentlewoman
apparently wishes to have done, .:.
Mrs. SCEROEDER.. I. suppose my
bigeest problem with this is, I chair
the Ciyil Service Subcomnittee, and I
would find it a very, very bad prece-
dent in this House if-we start a single
shot of people and exempt. them from
the laws. I think a much better way to
go would be with a bill letting the
gniire Public: Health Service out. I
nd that when we. get into. nonger-

   

   
  

May 20, 1981

‘mane amendments and. Christmas
trees and hanging, things on a cash
bill, I really think: that could destroy
morale in the agency when we do not
“have a bill including everyone else, I _
think that is the right way to go, and I
certainly hope the gentleman will {n- .
‘troduce his bill.and do. that. rather
than this single-shot thing. - :

-. Mr. MADIGAN, As I have indicated,
I am supportive of. such. an. effort. :I
think the House on previous: occasions,
“has. adopted Jegislation:that would in-
dicate. that. all:of us do not support
this arbitrary: age discrimination, but

we: «have a: situation where the Presi-
-dent.-of the Unitea States, clearly

“elected by a majority of the people in
the country, has not been able to ap-
point the gentleman of his choosing as
Surgeon General of the United States.
I think that to delay that any further
while we consider from its very incep-
tion a broader piece of legislation Is to
impact upon the morale of the whole
country. I think that people in the
country clearly want this administra- .
tion to be able to appoint its people
and to be able to get the Government .

MADIGAN. I, woul a ‘yiel a ‘to the’ functioning. -The quickest way to do

gentlewoman. from: Colorado , for. the

that “is to ‘agree with the Senate
amendment and then consider the bill

- the gentlewoman Nahant have, US con:

‘Mrs.’ SCHROEDER. I guess’ I would
dispute ‘that.’ I feel-that one of the
great strengths of.a democracy is citi-
‘gens feeling that they are going to
have equal treatment. I think -we
should continue down that path of.
treating people equally rather than
just doing special things and nonger-
mane amendments, to bills. for one
person.

Mr. MADIGAN. I would say to. the
gentlewoman that there is only one
Surgeon General and only one candi-
date...

. Mrs. SCHROEDER. If the. gentle-
man. would: yield further, :I would
remind him that the discrimination we
are talking about applies to an entire
class of people, everyone working at
the Public: Health Service. I think age
discrimination is, just -as shocking
against: people at lower levels as it is
against the one person at the very top.

« Mr. MADIGAN. I thank the gentle-

woman for her contribution.

| Mr.’ WAXMAN. Mr. Speaker, will,

. the gentleman yield?

- Mr, MADIGAN. I would be happy to
yield 10 minutes to the gentleman |
from ‘California: for the purpose of
debate. .. .

Mr. WAXMAN. I thank’ the ‘gentle-
‘man for yielding. hy

Mr. Speaker, as one of the original
coauthors of the bill to end mandatory
retirement, I am delighted to hear the
expressions of support, to end that dis-
crimination in other areas in a:-much
broader way. than the Congress. was
able to do when we ended age discrimi-
nation in the: civilian sector of ‘public
employment.. .
May 20, 1981

What we have in the law today ts a |
mandatory retirement age for the
seven uniformed services. The Surgeon ::
General is the Surgeon General of the
Public Health Service Commissioned |
Corps, which is part of the military,
He is, therefore, subject to mandatory
retirement. ,

I think we ought to eliminate that -
mandatory retirement in a very broad
way. Our remedial action ought not to
be for one individual alone. It ought to
be for the Deputy Surgeon General,
for the Assistant Surgeon General,
and for the other people serving in the
uniformed services.

But, I guess the point really at issue
today, and the reason I would urge my.‘
colleagues to defeat this motion to in-
struct conferees, is that the legislative
process should handle the decision.
making in these kinds of questions in a
rational way. My colleague from TIIli-
nois expresses his desire to join with
us in eliminating mandatory retire-
ment. We can do that. Others have ex-
pressed the desire to eliminate that ar-
chaic provision which requires the.
Surgeon General to be a member of
the Public Health Service Corps. We |
may want to do that. We have heard
from some citizens who would like to
have us write into the law the quallft-
cation for a Surgeon General the as-
sumption that we had always made—
that the chief public health officer of
this country must have public health
experience and background. We may
well want to do that. ,

The appropriate legislative commit-
tee ought to make a decision as to the
qualifications of the Surgeon General.
But the appropriate committee of the
House and the appropriate committee
of the Senate did not have that oppor-
tunity. What we had was a bill dealing
with credit cards that came out of the
House Banking Committee, and which
passed this House. overwhelmingly.
That bill was amended by a nonger-
mane amendment to provide that the
Surgeon General—and that person
alone—not be faced with mandatory
retirement.

Now, we have before us this question
of whether we ought to agree in a con-
ference on the policy to regulate the
appointment and retirement of the
Surgeon General. I think what we
ought to do is to have this bill go di-
rectly to the appropriate committee,
not to legislate by nongermane amend-
ments which are not thought out and
which are tacked onto House bills that
have nothing to do with the subject of
the amendments. , .

Our subcommittee has had hearings
on the subject. We are ready to move
after a short additional hearing. We
would like to hear from some other
witnesses that have important, rele-
vant things to say, and then we will
produce a bill for the House. We will
produce a bill for the House that does
what everybody says they want done.

Now, this amendment that the con-
ferees would be instructed to agree to
is a failed amendment. I doubt wheth-

‘ volved with mandatory retirement te a

ve
‘not done that here. And if we :
deal with the qualifications of the Sur- :
‘geon General, we ought to have hear-

legislation...

_CONGRESSIONAL RECORD — HOUSE

er the President would really want us”

 H 2347
to agree to something‘ that is Mawed,

to agree to that amendment. What. and | flawed - because the legislative

that amendment does is-say that the
only person that ts exempt from man-
datory’ retirement would be the Sur- :
geon General. It does not say that.
someone over the age of 64 may be ap- .
pointed to the Public Health Service :
Corps. It does-not remove mandatory -
retirement from the PHS law. I think
we ought to be broader than that. We
ought to deal with the: principle in-

more comprehensive way. But we
want to

ings and legislation dealing with that

cumvention of the. legislative, process
as we know it and as it has best suited
this country for the. entire history. of
the time the Congress has considered

This amendment has significant im
committees and for the rules of the
House, as well as the public health
and the Commissioned Corps of the

PE

‘process was not followed. Legislation
‘was dtafted on the Senate floor. with-
out consideration by the. committee
‘that could have drafted a much more
/reasonable and workable proposal. :
i. Mr, Speaker, I would like to yield to
the gentlewoman from Maryland (Ms.
* )}'  & Very. distinguished
“member of our subcommittee, who has
_ been involved in the hearings we held

on the question of the Surgeon Gener-

‘ al’s qualifications. ~ - ‘ .
Ms.: MIKULSKI. ‘Mr: ‘Speaker, I
thank the gentleman. I would lke to

e
ade

“rise in‘support of-and to amplify the

‘comments of the gentleman from Cali-

“subject. What is at stake now.is a cir- ‘fornia. °° ¢

: First of all, I would like to support _
“the principle he is advocating, that we
‘are circumventing the committee proc-
‘ess by advocating a nongermane issue

.;4in the conference report. But, the
"plications for the jurisdiction of House ‘Other point I wanted to bring out is

the fact. that one of the principles —
under discussion is the whole issue of ©
Tpublic health experience. |.

Public Health Service. The committee ,,, One. of the factors to be considered °

Jurisdictions were ignored: ‘they | were
circumvented. We did not have an op-
portunity to consider the legislation in

: our committee, which is the appropri- .
‘ate committee; nor did the committee
in the other body have such an oppore .

tunity. en :
Now, instead, we are .in conference.
We may well agree in conference to

is the issue of public health experi-
,ence, There is no question that the
, nominee from Pennsylvania has distin-
; guished and outstanding clinical expe-
.Flence,, but. the American . Public
_Health Association came before our.
, committee to testify against this proc-
ess in selecting him—an unprecedent-

ed action in their over 60 years of his-

something along the lines that the ..tory, to. question the issue of appoint-

gentleman from Illinois would like to
have us agree to, but we have not yet
had a chance to meet in conference.
The House conferees were there at the
call of the meeting, ready for the con-
ference to take place. but the Senate
conferees, who are to defend this non-
germane amendment. to the banking

‘bill, did not attend. We have now

scheduled another attempt at a con-
ference meeting later this week. “~:

I urge that we let the conferees meet
and discuss the issue. IY will urge the
conferees not to agree to a provision
that does not do the job. I would want
us, if we are going to agree to some-
thing in conference, to agree to-some-
thing that rationally deals with the
qualifications and requirements of the
Surgeon General. I would like to see
us end mandatory retirement. I would
like to see us require public health cre-
dentials of. a candidate for Surgeon
General. But do the Members know

‘what we would have as a,problem at

that point? Because we are legislating
on a nongermane ‘amendment to a
House bill, we would have a scope of

‘conference problem..I suppose the ap- -

propriate way to handle this is to have
& committee in the House and a com-

mittee in the Senate act forthwith, im-

mediately, to consider the legislation;
we should-‘have our hearings and
report bills. SE

We are not trying to hold up the leg-
islation,: We are willing to act. We
should not be instructed as conferees

,ing.a Surgeon. General who had no
: pubilc health experience, not negating
his clinical experience. They were ad-
/vocating that we have a nominee who..
‘either is from the Public Health Serv-
ice Corps, that we so not waive that: or
that we establish criteria for public

health background... -

OEE ey 139007

™ Public health is a separate area and
- specialty. of medical practice.. There
are even residencies in public health
‘practice..To equate the fact that we
ammeed an expert. clinician to be. the
‘Public Health Surgeon General is to
‘say that in order to be a member of
the Joint Chiefs of Staff, military ex-
perience and management experience
,do not count, but what counts is being
‘a sharpshooter, . | oO,
:. There is no doubt that what we need
fs *someone who understands the
public health issues of this country.
Most. people - die. because of those
things related to public health issues,
‘and I think to proceed in this way
‘makes faulty public policy, - o)
‘'Mr. WAXMAN. Mr. Speaker, © I
“thank the gentlewoman ‘from Mary-
Jand (Ms, MIKULSEI), 9+} |
’ Mr. Speaker, I say to my colleagues
that the Senate had before it a bill
dealing with credit cards, and at that
time the sponsor‘ of the amendment
that we are asked to have our confer-
ees support said that the language was.
not controversial: or technical, and’
H 2348

that the House had agreed to it. That
was not true. The House had not
agreed to the language, it was not non-
technical, it was not noncontroversial.
It was not heard by the appropriate
Senate committee, and it had not been
heard by the appropriate House com-
mittee. It does not deal with what the
sponsors of the amendment would like

to deal with and does not allow the ap- -

pointment of a Surgeon General over
the age of 64 from outside the Corps.

Mr. Speaker, I say to the Members,
do not force us or instruct us to go
along with such a flawed amendment.

The SPEAKER pro tempore. The
time of the gentleman from California
(Mr. WAXMAN) has expired.

Mr. MADIGAN. Mr. Speaker, I yield
myself such time as I may consume.

Mr. SWIFT. Mr. Speaker, will the
gentleman yleld?

Mr. MADIGAN. I yield to the gen-
tleman from Washington.

Mr. SWIFT. Mr. Speaker, I would
like to ask the gentleman a question, if
I might.

Is it the gentleman’s understanding
that section 303 of the Cash Discount
Act would allow the appointment as a
Surgeon General of someone over the
age of 64 and someone who is not a
member of the Public Health Corps?
In other words, does he have to be a
member of the Public Health Corps?

Mr, MADIGAN. Mr. Speaker, in re- +

sponding to the gentleman from
Washineton (Mr. Swirr), I would say
that the present candidate has two
disabilities: His nonmembership in the
Public Health Service Corps and the
fact that he is beyond the specified
ace for retirement.

The language of the Senate amend-
ment to the Cash Discount Act dealt
only with the age question. I am deal-
. ing only with the age question here,
because to do otherwise would make
my motion subject to a point of order.

Mr. SWIFT. Mr. Speaker, will the
gentleman yield further?

Mr. MADIGAN. I am happy to yield
to the ecntleman from Washington.

Mr. SWIFT. Because there was a
nongermane amendment in the
Senate, because it is flawed in at least
two respects, because subsequent
action will still have to be taken by
Congress before the specific appointee
can be appointed to this specific office,

before Dr. Koop can be appointed, it —

would seem to me it would be better to
start with a piece of legislation that
addresses the whole issue.

We are going to have to take up an-
other piece of legislation anyway. Why
could this not be done in a much more
orderly approach in one bill that
would deal with the question rather
than getting into this problem of
having tc accept nongermane amend-
ments on the part of the Senate that
will not even do the job anyway?

Mr. MADIGAN. Mr. Speaker, if the
gentleman will allow me to respond,
we would do half of the job in this
manner, and we would have to find an-
other way to do the other half, I sus-

CONGRESSIONAL RECORD — HOUSE.
pect that the opportunity to do‘that © «’

might present Itself.

This is the end of May, We are near“ >
the end of the fifth month of the year. -
Surgeon General:

We do not have the

yet appointed. There is no indication
of any willingness on the part of any-
body in. charge of the scheduling of

‘legislation before the subcommittees

and the committees of the House to
move expeditiously on a bill of this

kind. As a matter of fact, the proce- .

dure that has been followed here is
one that was recommended - to. the
people who were interested in this
issue by the highest authorities in the
Congress, and we have accepted their
recommendations and have proceeded
to move in the manner in which, they |
suggested we move. ~~

Mr. SWIFT. Mr. Speaker, if the gen:

_tleman. will yield further, the Presi-

dent’s party is in control.of the other ©
body. It {s certainly not the fault of |
anyone in the House that a member of
that party, No. 1, stuck a nongermane
amendment on this bill, No. 2, did not |
cover the right things, and, No. 3,
made it so it was dysfunctional...

Why. should. the House chave ’ ‘to.
assume the responsibility. for ‘sloppy |
legisiative work ercete was done: in the
other body?. :

Mr. MADIGAN, Mr. Speaker, I
would say to the gentleman what I,
have said before. The procedure that |
has been followed here is one that was
recommended to us, and we have fol-
lowed that recommendation and will
continue to follow it. We acknowledge
that there is a second disability, and
we will have to find some way to ad-
dress that. But we think that, this
being nearly the end of May, it is time
to address this question and to allow a
Surgeon General of the United States
to be appointed. fos

There is pending an appointment of
an outstanding candidate, perhaps the
most outstanding surgeon in. the
United States. It is absolutely. ridicu-
lous to hold up the appointment of
such an outstanding individual while
we talk about the niceties of: parlia-
mentary procedure.

Mr.
will the gentleman yield? -

Mr. MADIGAN, I yield to ‘the gen-
tleman from Pennsylvania. : ot

(Mr. DOUGHERTY asked and was
given permission to revise: and extend

his remarks, and to include extraneous

‘ matter.)

Mr. DOUGHERTY. “Mr. Speaker, I
rise in strong support of the position
of the gentleman from Nllinois Mr.
MADIGAN).

Mr. Speaker, I “would like to share
with my colleagues an: op-ed piece
written by the chairman of the board
of the Children’s Hospital in Philadel-
phia in response to the attack made on
Dr. C. Everett Koop in a Washington
Post editorial. The author just recent-
ly received a form letter from the Post
indicating that they were not interest-
ed in publishing his response.

DOUGHERTY. Mr.. ‘Speaker,

, May 20,1981 .
Tre Quatrrications or Da. C, Evenstt . -
rat’ Seo.) 6 Koop... 4

“\: (By Richard D. Wood)! |

I have become increasingly concerned, and
‘even appalled. by the ill-informed attacks on .
Dr. C. Everett Koop in connection with the
President's request. to the Congress that, he
be designated Surgeon General. This oppo-
sition seems to stem from two sources: yan
the pro-abortion forces in this country and, |
second, some members of the public health,
establishment. . ae,

With regard to the first, let me say that ig
® Board member of the Children’s Hospital

 

‘of Philadelphia I have been associated with

Dr. Koop for the past thirty years; and de-
spite my membership in,-and support of,
Planned Parenthood, Dr. Koop has. never
pressed his point of view on me or any other
of his associates. :

- With regard to the second, it would be a
. breath of fresh air to have someone in this
- position ..whose. experience .and.. achleve-
‘ments in the field of public health and
yore health haaal been as far reaching as

Dr. Koop’s knowledge of these matters is, .

indeed, world-wide and far surpasses that of ©
most of those who have criticized him. — .
- What follows ia representative, but no
‘more than a sampling of his experience and
contributions. My purpose in bringing it to
‘your attention, and thereby to the attention
of your readers, is to begin to spell out and
illuminate his record of. accomplishments,
most of which has been largely ignored in
the public press. In so doing, I am not pollti-
cally motivated, but simply hope to provide
& more accurate and better balanced con-
‘text for Judgment. - a

From 1960 to 1980, Dr. Koop was vice
president for four. terms and ‘a hoard

“member of MAP International a relief
- agency in Wheaton, Illinois. MAP Interna-

tional started out providing medicines and
material for doctors working in Third World
countries. Its, work now extends to efforts in
sanitation, water supply, sewage disposal .
and famine control. a
Dr. Koop has chaired the MAP Reader's
Digest International Fellowship Committee «
for many years and has been instrumental
in sending some 750 medical student abroad
to visit bushtype hospitals in Third World

countries for.a minimum of 10 weeks, Some

of these students have gone on.to special
training including additional time in schools
of public health. They are now returning to
Third World countries for careers in inter.
national medicine.

In 1960, Dr. Koop made trips to Egypt,
Ethiopia, Kenya, Uganda, Tanzania, Belgian
-Conge (Zaire), South Africa, Nigeria and
Ghana to acquaint medical missionaries of
American: and other origins with the serv-
ices of MAP International. He flew from .
bush hospital to bush hospital in a small -
plane to assess the people’s needs.

In 1964, at the request of the Ministry of
‘Health of the Dominican Republic, Dr.
Koop set up nine hydration stations for
treatment during an epidemic of dysentery
ped the mortality was in excess of 70 per-
cen

In 1965, ‘Dr. Koop visited European and
‘Asian fellows who had been previously
trained by him at The Children’s Hospital
of Philadelphia. He lectured in medica)
schools and operated on patients at teach-
ing hospitals in Greece, Iran, Thailand, the
Philippines, Taiwan, Japan and Hong Kong.

 

‘Richard D, Wood is chairman of the Board of
_ eaneuers @. at. ‘The (Children’s Hospital of Philadel.
May 20, 1981

Dr. Koop has displayed a continuing inter-
est in the Tarascan Indians of Southwest
Mexico, whose want for medical care stimu-
lated him to work among these people him:
self, to encourage other physictans to do the
same, and eventually to set up. a number of
dispensaries, staffs of which have been
trained by Amcrican physician volunteers,

His medical work on behalf of pediatrie
populations everywhere has been acknowl-
edged by many countries including France,
which presented him with ‘the Legton of

Honor last June and the city of Marseilles, . .

which last week sent its highest decoration
to him. The late President Eisenhower was
the last American to be so honored by that
city,

Dr. Koop’s work has been the essence of
public health.

Mr. WAXMAN. Mr. Speaker, will
the gentleman yield?

Mr. MADIGAN, I yield to the gen-
tleman from California. ~ :

Mr. WAXMAN. Mr. Speaker, I feel
that I must respond to the assertion
made that the appropriate committce
has not been willing to consider the
legislation. :

We asked the administration wheth-
er they would like us to proceed with
this bill separately, and they have not
responded that they are in favor of
that,

I might also point out that in the
other body the Republican Party ts-in
control, and the committee of jurisdic-
tion in the other body has not held
hearings or moved legislation to
remedy the provision in the law that
prevent the President from making
the appointment he wishes to make.
We asked the administration to coop-
erate with us and to have this individ-
ual appear before our committee.
They refused. Rather than cooperate
with us, they have attached a nonger-
mane amendment to a bill that has
nothing te do with the issue of the
Surgeon General.

I do not know what they have to
hide from us, why they do not want us
to consider the issue in committee and
in an appropriate way, and why they
want us to take this halfway measure
that will not do the job and why they
now ask that conferees agree to some-
thing that is inappropriate. I think
that is a bad way to legislate. .

We are willing to work on this thing
and solve problems and let the Presi-
dent make an appointment. The
Senate will have confirmation authori-
ty; we do not have that authority. I do
not expect the President to appoint
someone of whom I would wholeheart-

edly approve. It is his right to make

the appointment, not mine. However,
it is up to the Senate then to confirm.

This particular nominee is not one
about whom I am very enthusiastic,
but it is not my job to be enthusiastic

or not enthusiastic about him. My job.

as chairman of the subcommittee is to
try to work on legislation that would,
in an appropriate way, address the
qualifications of the Surgeon General
and those of the Public Health Service
Corps. I do not think there ought to

be a mandatory retirement for the

‘has

CONGRESSIONAL RECORD — HOUSE

Surgeon’ General and others in the
Public Health Corps. >: ~
Mr. COURTER.. Mr. Speaker, will
the gentleman yleld to me? . :
Mr.. MADIGAN... Mr... Speaker, I
would say to the distinguished gentle-
man from California (Mr. Waxman)
that I intend to respond to the points
he has made, but in the interim period
I will yield to the gentleman from New
Jersey (Mr. CourTER). He :
Mr. COURTER. Mr. Speaker,
thank the gentleman for yielding, **:
I rise in support of the motion of-
fered by the gentleman from Illinois :
(Mr. Mapiaan). I think, very frankly, °
that the issue is‘a very, very important
one.'Granted that we are attempting
to do one-half of the work now, “but I
have never seen this body refuse to do
something or take a step forward be-
cause the entire package could not be
accomplished on one particular day.
The simple issue here is whether we
are going to waive the age requirement.
for one individual who the President
of the United States would like to see
appointed to an extremely: important
position. Time is awasting here. This is
not the first time this body has waived
age requirements..We havé done it for.
Admiral Rickover, and I understand
we have done it a number of times for:
J. Edgar Hoover... 2 ee
The simple question here is, will we,
go along with the President’s request .

I:

‘on waiving an age requirement with

respect to an outstanding - medical
practitioner in the United :.States.
today? I see no complication. I think
we should take at least’ this one step .
forward this afternoon.-: °° 7.’
Mr. DERWINSKI. Mr. Speaker, will
the gentleman yield? = * ee Rs
Mr.:MADIGAN. I yield to the gen-
tieman from Ilinots,’ a
Mr. DERWINSKI. Mr. Speaker, I
thank the gentleman for’: yielding.
First, let me offer my support for Dr.
Koop for the position of Surgeon Gen-
eral. However, I am somewhat con-
fused by the pattern of debate. I was
intrigued by the emphasis on the part.
of the gentleman from California (Mr.
Waxman) emphasizing, of course, his:
committee jurisdiction... <.-
But earlier the gentlewoman from
Colorado (Mrs. ScHrorpra). empha-
sized the same claim of jurisdiction for.
her committee. If I had a suspicious
mind, I would have to ask if this em-
phasis on committee jurisdiction was
not in fact a delaying tactic. But not
having that kind of a suspicion, I.
merely raise the point, and I wonder ff

the gentleman would care to comment,

Mr. MADIGAN. No. -- Loe

Mr. MAZZOLI. Mr. Speaker, will the
gentleman yield? ‘ .

Mr. MADIGAN. I yield to the gen-
tleman from Kentucky.

Mr. MAZZOLI. Mr. Speaker, I thank
the gentleman for yielding.

Mr. Speaker, I rise in. support of the
motion offered by the gentleman from
linois (Mr. Mapican). I think it is
fairly clear that age discrimination
no part in our statutes, and I

+H 2349

think {t ought to be stricken, ag we
have done over the years. mo

I think, second, that if this gentle-
man, the prospective nominee for this
post, had not been very outspoken in
his.opposition to abortion, probably
‘we would not be here today.

- Se, Mr. Speaker, I- thank the gentle-
man for having brought the issue up,
and I urge my colleagues to agree to
his motion. ;

. Mrs. SCHROEDER. Mr. Speaker,
will the gentleman yield?

‘Mr. MADIGAN. I yield, for the pur-
pose of debate only, to the gentlewom-
anfrom Colorado. .. - So

Mrs. SCHROEDER. Mr. Speaker, I:
just want to say that certainly I un-
derstand that Civil Service does not
have jurisdiction over Public Health,
and that it is tn someone else’s juris-
diction. I was just trying to say that
from my perspective it appears very,
very important. that: we keep in mind
the: ‘fact that ‘some: people in the .
agency are still going to be suffering
from age discrimination, and that is
terribly important.) = Sb.

‘The: only..person this’ amendment
would exempt:is the “guy'at the top,”
and all I can say from my perspective
is that certainly this damages morale
in other agencies. <. ae os

I do not claim any jurisdiction over
that.:I am only saying that that: is
something this body should be very
much aware. of. I think we should be
dealing with age discrimination and
how it affects everyone, rather than
with'special legislation for’one person
atthetop. 9. J

Mr. MADIGAN. Mr. Speaker, prior
to moving the previous . qtestion, I
would like to respond briefly to some

_ of the points that have been made,

The gentleman from New Jersey has
made the point that we do make ex-
ceptions, that we do have a history of
making exceptions to the age limita-
tion, and he has cited several instances
where that has been done.".: _.. :
' But if Members are really concerned
about moving ahead with some sort of
a proposition. to exempt everybody: |

from this age limitation, then let me _

invite those Members who would want ”:
to do that to get up and make a second |
motion to instruct conferees. I would
not raise a point of order against that,
and I would be happy to support it.
With respect to legislative commit-
tees: having the ability to work their
will, I would say to everybody assem-
bled in. the House that a bill to do
what everybody is talking about ought
to be done was introduced by the gen-
tleman from Illinois (Mr. Hype) on
April 7, and it has not yet been the
‘subject even of a hearing in any legis-
lative committee, © Pos,
‘With.regard to the remarks of the
gentlewoman from Maryland (Ms. Mz-
KULSKI): that the American Public
Health Service has. somebody that
they would prefer for this. appoint-
ment, let: me simply point out to her
Mat the American Public Health Serv-
H 2350

{ce does not appoint the Surgeon Gen-
eral of the United States. The Surgeon
General of the United States is ap-
pointed by the President of the United
States, and we are trying to facilitate a
process that will give him the ability
to do that.

Mr. Speaker, I move the previous
question. :

The previous question was ordered.

The SPEAKER pro tempore. The
question is on the motion to instruct
the conferees on H.R. 31 offered by
the gentleman from Illinois (Mr. Mapb-
IGAN),

The motion to instruct was agreed
to.

A motion to reconsider was laid on
the table. .

 

ADJOURNMENT OF THE HOUSE
FROM THURSDAY, MAY 21,
1981, TO WEDNESDAY, MAY 27,
1981, AND ADJOURNMENT OF
THE SENATE FROM THURS-
DAY, MAY — 21, 1981,
MONDAY, JUNE 1, 1981

Mr. MURTHA. Mr. Speaker, I offer
a privileged concurrent resolution (H.
Con. Res. 138) and ask for its immedi-
ate consideration.

The Clerk read the concurrent reso-
lution, as follows: ,
H. Con. Res, 138

Resolved by the House of Representatives
(the Senate concurring), That when the
House adjourns on Thursday, May 21, 1981,
it stand adjourned until 12 o’clock meridian
on Wednesday, May 27, 1981, and that when
the Senate adjourns on Thursday, May 21,
1981, it stand adjourned until 12 o’clock me-
ridian on Monday, June 1, 1981.

The concurrent resolution was
agreed to. :

A mbdtion to reconsider was laid on
the table.

 

’ HIGHER EDUCATION ACT
AMENDMENTS INTRODUCED

(Mr. COLEMAN asked and was
wiven permission to address the House
for 1 minute and to revise and extend
his remarks and include extraneous
matter.)

Mr. COLEMAN. Mr. Speaker, at the
request of the administration, I am in-
troducing 2 bill amending the Higher
Education Act of 1965. This bill con-
tains the administration’s proposals to
restrain growth in the guaranteed stu-
dent loan (GSL) program and in the
Pell grant program in order to achieve
the savings the President has asked
for and that we will be expected to
make in reconciliation. :

The administration’s bill would
make several significant changes in
the student assistance programs that
are designed to better target loans to
the truly needy student and to reaf-
firm the traditional role of the family.
The bill achieves this by imiting guar-
anteed student loans to the student’s
“remaining need” after all other as-
sistance and family contributions have
been taken: into consideration, by

asking the parents to contribute more ©

TO-

CONGRESSIONAL RECORD — HOUSE
_ thorizes the

under a revised formula for determin-
ing expected family contribution—for
the Pell grant program—and by rais-
ing the interest rate paid by parents
for parent loans. os bie

This bill also would require a contri-
bution of $750 in self-help from the
student, before any assistance is of-
fered, and the bill would also elimi-
nate the interest subsidy. currently
paid by the Federal Government on
the student’s ioan while. he or she is
attending school. — ~ ms

I believe that the proposals con-
tained in the administration’s bill de-
serve thorough consideration by the
Congress. I consider these proposals,
however, to be but one among many
possibilities to achieve the required
savings in the GSL and Pell grant pro-
grams.

As the ranking Republican on the
Subcommittee on Postsecondary Edu-
cation and from conversations in my
office and at home in Missouri, I have
heard from students, educators, insti-
tutions, large, small, private. and
public, and from the lending institu-
tions regarding the administration’s
proposals. I think everyone. will agree
that we must take action to curtail the
burgeoning growth of these programs,
While I fully support the administra-
tion in this goal, at the same time we
must closely scrutinize each proposal,
including this one, for its effect upon
these very complicated and far-reach-
ing programs. . os

I have been examining and will con-
tinue to examine ail suggestions, op-
tions, and proposals very. carefully,
and am certain that changes can be
made to the GSL and Pell grant pro-
grams that will achieve the savings re-
quired by the reconciliation ‘process
and at the same time will insure that
students have access to grant and loan
money. : . .

_ Mr. Speaker, I place In the Recorp
at this point the text and analysis of
the administration’s bill: 2 5 es
HLR. 3641
A bill to make certain amendments to the
Higher Education Act of 1965 .

Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That this
Act may be cited as the “Higher Education
Amendments of 1981” - 0

Sec. 2. (a) Section 425(aX1) of the Higher
Education Act of 1965 (hereafter referred to
as “the Act”) is amended by inserting at the
beginning thereof the following new. sen-
tences: .

The amount of any loan made after June
30, 1981 which may be covered by. Federal
loan insurance under this part shall be lim-
ited to the student's financial need for the
period of instruction to be covered by the
loan. For purpcses of this section, the term
“financial need” means the estimated cost
of attendance less estimated financial assist-
ance and the expected family contribution.
The eligible institution at which the student
has been accepted for enrollment or at
which he is in attendance shall determine
the student’s financial need in accordance
belt the provisions of section. 482 of this

e,”” : \ . .

(bp) Section 428(bX1A) of the Act is

amended by inserting before the words ‘‘au-

May 20, 1981

{nsurance’ the following:
“limits the amount of any loan made after
June 30, 1981 to the student’s financial
need, as defined in section 425(a)(1), for the
period of instruction to be covered by the ©
Joan by requiring the eligible institution at
which the student has been accepted for en-
rollment or at which he is in attendance to
determine the studeht’s financial need in ac-
cordance with the provisions of section 482
of this title;”. °

(ce) Section 439B of the Act is repealed. .

(d) Section 482(a\(1) of the Act is amend-
ed by striking out “and under part BY.

(e) Section 428B(bX3) of the Act is amend-
ed by striking out. “No” and inserting in-
stead the following: .’ .

“Any loan under this section may be

‘counted as part of the student's expected -
family contribution in the determination of
need under this title, but no”.

Sec. 3. Section 428 of the Act is amended—

(a) in subsection (aX(1XA) by inserting
before the semicolon the following: “prior
to July 1, 1981”, and «- Sot - ;

(b) by amending paragraph (5) of subsec-
tion (a) to read as follows: an .

“(5) The period referred to in subpara-
graphs (B) and (C) of paragraph (1) of this
subsection shall begin on the date of enact-
ment of this Act and end at the close of
June 30, 1981.", and | . .

1» te) by repealing subsection (e). y

+ See. 4. Section 426B of the Act is further

“amended— . , :

’ (a) in subsection (¢X(1) by inserting before.
the end thereof a comma and the following:
“and shall be made over a period of not
more than twerity years”, ss

(b) by amending paragraph (3) of subsec-
tion (c) to read as follows: .

“(3) The rate of interest on a loan made
after June 30, 1981 pursuant to this section
shall be set by the lender at a rate not to
exceed a rate provided by the Secretary of
the Treasury after taking into consideration —
‘current market yields on outstanding mar-

_ketable obligations of the United States of
comparable maturity plus an allowance ce-
ternined by the Secretary of Education.”,’ -

(e) in subsection (c) by inserting at the
end thereof the following new paragraph: .—

“(4) No special allowances shall be paid to
lenders pursuant to section 438 of this part
on any loans made under this section after
June 30, 1981.” .

Src. 5. Section 428(c) of the Act is amend-

ed— ‘

(a) in paragraph (2D) by striking out
after the word “thereof” the comma and

_the words: “but shall not otherwise provide
for subrogation of the United States to
rights of any insurance beneficiary”, and ‘

(b) by adding at the end thereof the fol-
lowing new paragraph: ‘

“(8) Where the Secretary has made a de-

-termination that.the protection of the Fed-
eral fiscal interest so reaufres, a guaranty ~
agency shall assign to the Secretary any
loan for which the Secretary has made pay-
ment under a guaranty agreement pursuant.
to paragraph (1) of this subsection.” i

Sec, 6. (a) Section 411(aX2B)dD of the
Act is amended to read as follows: «| -

“Gii) No basic grant under this subpart
shall exceed the difference between the cost
of attendance at the institution at: which
the student is in attendance and the sum of
the expected family contribution for the
student and an amount of expected’ self-
help as determined by the Secretary. If with
respect to any student, it is determined that
the amount of the basic grant plus the ex-
pected family. contribution and the amount
of expected self-help for that student ex-
ceeds the cost of attendance for that year,’