/ [COMMITTEE PRINT]
FEBRtrARY 27, 1976 94th Congress COMMITTEE PRINT
LABOR AND PUBLIC WELFARE
UNITED STATES SENATE
94ma CONGRESS FinsT SESSION
Printed for the use of the Committee on Labor and
U.S. GOVERNMENT PRINTING OFFICE 668-115 WASHINGTON : 1976
COMMITTEE ON LABOR AND PUBLIC WELFARE
HARRISON A. WILLIAMS, JR., New Jersey, Chairiz
JENNINGS RANDOLPH, West Virginia JACOB K. JAVITS, New York CLAIBORNE PELL, Rhode Island RICHARD S. SCHWEIKER, Pennsylvania
EDWARD M. KENNEDY, Massachusetts ROBERT TAFT, JR., Ohio GAYLORD NELSON, Wisconsin J. GLENN BEALL, JR., Maryland
WALTER F. MONDALE, Minnesota ROBERT T. STAFFORD, Vermont
THOMAS F. EAGLETON, Missouri PAUL LAXALT, Nevada
ALAN CRANSTON, California WILLIAM D. HATHAWAY, Maine JOHN A. DURKIN, New Hampshire
DONALD ELISBURG, GeneraZ Counsel MARJORIE M. WHITTAKER, Chief Clerk JAY B. CUTLER, Minority Counsel
Jurisdiction of the Committee ---------------------------------------- V
Standing subcommittees ---------------------------------------------- VII
Special subcommittees ------------------------------------------------ Ix
Full Committee action ------------------------------------------------ I
Mbor ---------------------------- ------------------------------------ .5
Handicapped ------------- 11
---------------- -----------------------Education ----------------------------------------------------------- 1 -5
Health -------------------------------------------------------------- 19
Employment, Poverty, and Migratory Labor ---------------------------- 27
Children and Youth -------------------------------------------------- 29
Aging --------------------------------------------------------------- 33
Alcoholism and Narcotics --------------------------------------------- 35
Human Resources ---------------------------------------------------- 37
Arts and Humanities ------------------------------------------------- 45
National Science Foundation ------------------------------------------ 47
Statistical summary --------------- 7 ---------------------------------- 41.)
Reportsof the Committee, first session -------------------------------- 50
Digitized by the Internet Archive
Mr. WmILLIAmS, Chairman
Mr. RANDOLPH Mr. JAVITS
Mr. PELL Mr. SCHWEIKER
Mr. NELSON Mr. TAFT
Mr. HATHAWAY Mr. STAFFORD
Mr. RANDOLPH, Chairman
Mr. CRANSTON Mr. STAFFORD
Mr. WImLTAx S Mr. TAFT
Mr. PELL Mr. SCHWEIKER
Mr. KENNEDY Mr. BEALL
Mr. PELL, Chairman
Mr. RANDOLPH Mr. BEALL
Mr. WILIAMS Mr. JAVITS
Mr. KENNEDY Mr. SCuWEIKER
Mr. MONDALE Mr. STAFFORD
Mr. EAGLETON Mr. TAFT
Mr. KENNEDY, Chairman
Mr. WILLIAMS Mr. SCHWEIKER
Mr. NELSON Mr. JAvrrTS
Mr. EAGLETON Mr. BEALL
Mr. CRANSTON Mr. TAFT
Mr. PELL Mr. STAFFORD
Mr. MONDALE Mr. LAXALT
Mr. DURKI T
FULL COMMITTEE ACTION
During the 94th Congress, 1st session, 296 bills and resolutions were referred to the Committee on Labor and Public Welfare. Of these, 52 related to labor, 52 to eduction, 108 to health, 28 to employment, poverty, and migratory labor, 3 to alcoholism and narcotics, and the remainder to other subjects including aging, arts and humanities, children and youth, handicapped, and science.
In addition, 494 nominations-including appointees to high offices and a number of nominations and promotions in the United States Public Health Service-were referred to Committee; 258 of these were considered, reported to the Senate, and confirmed. Two nominations were withdrawn and 234 were returned to the President at the adjournment of the first session.
The Committee conducted 144 days of public hearings, held 26 executive sessions, and met 17 days in conference with the House-for a total of 187 Committee meetings.
The Committee reported, and the Senate passed, 28 bills. Of these, 10 were signed into law, 2 were vetoed, 7 were pending in the House, and two passed both the Senate and House and were awaiting conference at the request of the Senate. Of the 28 bills reported by the Committee and passed by the Senate, 10 were adopted unanimously by record vote, voice vote, or without objection.
There were 3 bills reported from the Committee and on the Senate Calendar at the close of the first session.
Among the significant laws enacted during the first session of the 94th Congress were:
H.R. 6900: Emergency Compensation and Special Unemployment Assistance Act of 1975 --------------------------------------------- 94-45
S. 66: Omnibus Public Health Service Amendments of 197 ------------63
I.R. 4723: National Science Foundation Authorization Act, 1976 ------ 94-86 H.R. 8714: Railroad Unemployment Insurance Act amendments ------- 94-99 H.R. 4005: Developmentally Disabled Assistance and Bill of Rights Act- 94-103 H.R. 3922: Older Americans Amendments of 1975 ------------------94-135
S. 6: Education for All Handicapped Children Act of 1975 ------------- 94-142
S. 1800: Arts and Artifacts Indemnity Act --------------------------94-158
H.R. 8304: Reading Improvement Program Amendments of 1975 -------94-194
H.R. 5900, the Common Situs Picketing and Construction Industry Collective Bargaining legislation, was vetoed by the President.
One other bill was vetoed by the President, S. 66, the Omnibus Public Health Service Amendments of 1975 which contained the Health Revenue Sharing Act of 1975, the Family Planning and Population Research Act of 1975, the Community Mental Health Centers
Amendments of 1975, the establishment of the National Center for the Prevention and Control of Rape, legislation relating to Migrant THealth. Community Health Centers. diseases borne by rodents, home health services, mental health and illness of the elderly, establishment of the Commission for Control of Epilepsy and the Commission for Control of Huntingoton's Disease, together with provisions for Hemophilia Programs, including treatment centers and blood separation centers, extension of the National Health Service Corps, and the Nurse Training Act of 1975. The Senate overrode the veto on July 26. 1975, followed by the House on July 29, 1975, and the bill became Public Law 94-63.
Pending in the House as the second session opened were the following bills reported by the Committee and passed by the Senate:
S. 510 (S. Rept. 94-33)-Medical Device Amendments of 1975.
S. 738 (S. Rept. 94-261)-To authorize Robert L. Rausch to accept an office or position in a university maintained by the Government of Canada.
S. 963 (S. Rept. 94-264)-Food, Drug, and Cosmetic Act Amendments of 1975.
S. 1191 (S. Rept. 94-192)-Lister Hill Scholarship Act.
S. 1466 (S. Rept. 94-330)-Disease Control Amendments of 1975.
S. Con. Res. 11 (S. Rept. 94-142)-Resolution of Support for a Barrier-Free Environment.
S.J. Res. 154 (no written report; agreed to upon introduction in Senate)-White House Conference on Handicapped Individuals.
Pendingr in the Senate as the second session opened were the following bills reported by the Committee and pending on the Senate Calendar:
S. 422-Children and Youth Camp Safety Act.
S. 625 -Emnergency Unemployment Health Benefits Act of 1975.
Two original resolutions not referred to Committee, but ordered placed on Calendar upon introduction were:
S. Res. 302-To establish a Select Committee on Improper Activities in the Labor or Management Field.
S. Res. 332-Waiver of certain provisions of the "Rehabilitation Act Extension of 1975" (S. 2807).
The Full Committee and Subcommittees conducted 144 days of hearings on 64 different legislative proposals and nominations during the first session. Some of the major hearings were: Number
Unemployment and the Economy, 1975---------------------------------- 6
Child and Family Services Act, 1975 -----------------------------------12
Review of Vocational Education Programs, 1975------------------------ 4
Emergency Unemployment Health Benefits Act of 1975------------------ 2
National Science Foundation Legislation, 1975------------------------- 2
Legislation to Extend the Older Americans Act, 1975-------------------- 4
Drug Abuse Prevention and Treatment Legislation, 1975---------------- 2
Federal Medical Malpractice Insurance Act. 1975----------------------- 5
Education for All Handicapped Children, 1975-------------------------- 3
Adoption and Foster Care. 1975 ---------------------------------------4
Disease Control and Health Education and Promotion, 1975-------------- 2
Legal Services Corporation-Nominations ----------------------------- 6
Emergency Jobs and Unemployment Assistance Amendments of 1975 -----Highier Education Legislation, 1945 ------------------------------------ 10
World Hunger, Health, and Refugee Problems-Part IV, 1975 --------------Food Safety and Labeling Legislation--------------------------------- 3
Equal ri'reatmeift of Craft and Industrial Workers, 1975-------------------3
Construction Industry Collective Bargaining Act of 19735--------------------,
Evaluation of Drug Safety and Effectiveness, 1975----------------------2
Health Manpower Legislation, 1975----------------------------------- 8
Clinical Laboratories Improvement Act, 1975---------------------------- 2
Drug Testing and Experimentation, 1975------------------------------ 3
National Policy and Priorities for Science and Technology Act, 1975 ---------3 Arts, Humanities and Cultural Affairs Act, 19.73------------------------- 3
Health -Maintenance Organization Amendments, 1975 ---------Extension of the Rehabilitation Act of 1973----------------------------- 2
During 1974 the Committee published 31 volumes of public hearings, comprising a total of 15.891 pages. Not yet printed f rom. the first session are approximately 15,009 pages in manuscript, galley or page proof.
In addition the Committee issued 11 committee prints containlingI a. total of 4,440 pages. Approximately 10,370 pages in manuscript, galley or page proof remain to be published as committee prints.
Subcommittee on Labor: Harrison A. Williams, Jr., Chairman
The Subcommittee on Labor is responsible for a broad range of legislative concern relating generally to labor relations and employee welfare including occupational health and safety, employment discrimination, workers' compensation, welfare and pension plan matter, mediation and arbitration of labor disputes, wages and hours of employment, convict labor, regulation or prevention of the importation of foreign laborers under contract, child labor, labor statistics, railroad labor and welfare of miners. With several hundred statutes within its purview, the Subcommittee must maintain a close and continuous legislative overview to protect the employment rights and opportunities of millions of American working men and women especially in a period of severe economic hardship.
In November, the Senate gave favorable consideration to two Houseapproved measures concerning labor-management relations in the construction industry. The first of these was designed to correct an erroneous interpretation of the Taft-Hartley Act by making clear the right of labor organizations to conduct peaceful strikes and picketing at construction sites in the same manner existing law sanctions picketing at industrial plants and all other business sites. The "situs picketing" legislation, as it became known, was drafted to conform construction industry picketing rights with the original intent of the secondary boycott provisions of the Taft-Hartley Amendments to the National Labor Relations Act. Thus, the legislation recognized that a construction project is a single. coordinated, and integrated economic enterprise in which contractors and subcontractors are jointly engaged. Accordingly, the legislation recognized that in the event of a labor dispute, the disputing union should be allowed to engage in normal, peaceful primary picketing at the entire site of the dispute. The bill's provisions excluded any activity which was presently unlawful, insuring that the authorized picketing rights would have been exercised with care and restraint.
The second measure provided for the establishment of a Construction Industry Collective Bargaining Committee to reform the fragmented and sometimes divisive collective bargaining procedures that have promoted economic unrest in the industry.
The Committee, composed of representatives of the national construction unions. construction contractors, and the neutral public, would have functioned within the Labor Department with authorization to review, assist and mediate the resolution of collective bargaining negotiations and disputes in the construction industry. The CICBC would have been empowered to mediate labor disputes between local
unions and employers, and to involve both national unions and national employers organizations in the bargaining process. The Committee would have lent stability to labor-management relations within the construction industry and actively promoted the equitable, efficacious resolution of disputes.
The Senate approved both measures, consolidated into one bill, H.R. 5900, on November 19, 1975. However, on January 2, 1976, the President vetoed H.R. 5900.
Implementation of the Employee Retirement Income Security Act marked a new era of pension security for 30 million American workers who participate in private pension plans. This legislation was based on the findings of a study by the Subcommittee on Labor after more than three years of investigation. This law has a two-fold purpose of encouraging the growth and expansion of the private pension system while increasing its effectiveness by setting standards for its' administration and operation.
The Subcommittee on Labor undertook a full range of review activities with respect to the directives of the Act. The Subcommittee carefully monitored the implementation of the new federal pension insurance program. This program covers 100,000 pension plans with) about 20 million participants. The newly created Pension Benefit Guaranty Corporation is now paying approximately $225,000 in monthly benefits to 1,700 retired employees.
The Subcommittee also began intensive oversite review of the IDe.partments of Labor and Justice activities regarding the enforcement, of EiRISA and the Central States Teamster Pension Fund following a series of allegations surrounding the Fund's operations.
An important measure considered by the Subcommittee was the proposal to increase the unemployment and such benefits under the Railroad Unemployment Insurance Act. Af 'ter more than seven years without a change, these benefits to railroad workers were at a totally inadequate, level. Substantial increases in these benefits were approved by the Congress in July 1975 (H.R. 8714) and became Public Law 94-92.
Recognizing the necessity to reduce unemployment in the depressed transportation industry. the. Committee took action early in 1975 on railroad rehabilitation. In May, the Senate passed S. 1730, a meaure that sought to alleviate unemn~lovment as well as the deterioration of rail transportation facilities. The bill would fund approximately 40,000 jobs by -providing financial assistance to railroads in order to repair neglected tracks, roadbeds and facilities. A similar measure, H.R. 8672, passed the House in November. These bills are, awaiting consideration of a conference.
The Subcommittee staff monitored the activit ies of the Occupational Safety and Health Administration, the National Institute for Occupational Swfetv and Health and the Occupational Safety and Health Review Commission in thr- administration of the Occupat~ional Safety and Health Act of 1970. The Subcommittee gave special encouragement and emphasis to a shift in emphasis under these programs to the issue of occupational health.
In the past year the Subcommittee has continuously reviewed the Department of Labor's progress in correcting program deficiencies pointed out in the Subcommittee's September 1974 review of OSHA implementation. The Subcommittee has reviewed two progress reports
made by the Department of Labor and continued its own analysis of management information data and data collected on field trips.
An area which the Subcommittee has taken a particularly keen interest in has been the interagency jurisdictional disputes over safeguarding employee safety and health. The review of this situation led to the introduction by the Chairman of S. 1743, the Federal Railroad Employees Safety and Health Act, which would increase safety and health protections for railroad employees and move the responsibility for those protections from the Department of Transportatoin to the Department of Labor.
At the request of the Subcommittee, the General Accounting Office has continued to review the implementation of the Act. In addition to providing information to the Subcommittee on request, the GAO has published an official report on the implementation of the OSHA variance procedure.
The Subcommittee has been intimately involved in the Senate confirmation of five major appointees of importance to the implementation of programs under the Occupational Safety and Health; a Secretary of Health, Education and WVelfare: an Assistant Secretary of HEW for Health; and a Commissioner on the Occupational Safety and Health Review Commission. The Committee has worked with each of these appointees to assure that they have a full understanding of their responsibilities under this law.
The Subcommittee plans oversight hearings and investigation during the 94th Congress to focus on the impact of OSHA on small business and the adequacy with which health protections under the law have been implemented.
Because of the increase in unemployment in the building trades, numerous violations of the Davis-Bacon and Fair Labor Standards Act were discovered in 1975. These violations were reported to the contracting agencies, the U.S. Army Corps of Engineers and the United States Postal Service. Continuing violations were originally reported to Senator Williams and Congressman Daniels by New Jersey trade unions. An investigation was conducted of the allegations made, and it was found that there were many substantial violations on military and post office contracts.
A joint hearing by the Senate Committee on Labor and Public Welfare and the House Subcommittee on Manpower. Compensation. Health and Safety of the Committee on Education and Labor was held at Bayonne, New Jersey on May 19, 1975. Officials of the Army Corps of Engineers, the Postal Service and the Department of Labor testified in response to testimony by the trade unions. Following the hearings, a large scale investigation was initiated by the Department of Labor and completed at the end of the year. The Committee is awaiting the Department's final report.
In the 92nd Congress, with the adoption of the Equal Employment Opportunity Act, major amendments were added to Title VII of the Civil Rights Act of 1964 expanding the jurisdiction of that Act and giving the Equal Employment Opportunity Commission (EEOC) the power to enforce its findings by direct suits in the federal district courts. Since those amendments, the Committee has engaged in extensive oversight activity of the new law, as well as in the operations of the Commission generally.
66-115- 7G 3
The Committee's oversight responsibilities in this area have been accomplished by both direct investigation of Commission activities by Committee staff, as well as by the GAO which has maintained an ongoing investigation of the Commission since 1973. The Committee's focus has been on the continuing backlog of charges at the Commission, the level of direct enforcement under the new powers granted it by the 1972 amendments, and upon the Commission's internal organization and procedures.
In May of 1975, the Committee held hearings on the confirmation of Mr. Lowell W. Perry to become the new Chairman of the Commission after the resignation of Mr. John Powell earlier that year. Incident to the confirmation process, the Committee requested that Mr. Perry, upon assuming the Chairmanship, conduct an immediate examination of the various problems besetting the Commission, what progress had been made in implementing the Commission's responsibilities under the Act, and provide a report to the Committee. The Committee received Mr. Perry's report in September of 1975 which provided extensive information on various aspects of the Commission's operations as well as outlining the suggested improvements that Mr. Perry intended to implement. The Committee is continuing its examination of the Commission's activity by monitoring the progress that is being made at the agency pursuant to this latest report, and is preparing additional inquiries into specific Commission activities.
The Equal Employment Opportunity Act of 1972 also expanded the responsibility of the U.S. Civil Service Commission to insure that the provisions of Title VII were also fully implemented for all Federal employees. Since 1972, and particularly during the current Congress, the Committee has stepped up its oversight of the effectiveness with which these functions are being fulfilled. At the Committee's direction, the GAO has been conducting a series of investigations into various aspects of federal equal employment enforcement. This investigation, which includes all aspects of the federal employment relationship, will take several years to complete. However, the GAO will begin issuing interim reports on various specific problem areas shortly. In addition, the staff of the Committee has continued an ongoing oversight role through direct communications with the Civil Service Commission and other federal agencies
The Labor Subcommittee held field hearings in December of 1974 and January of 1975 to investigate the operation of the 1974 Fair Labor Standards Act amendments with respect to agricultural child labor. The hearings, chaired by Senator Hathaway, were held in Portland, Oregon and Presque Isle, Maine to determine whether Congress should make certain exceptions to the prohibition on the employment of otherwise under-age children in agricultural pursuits. Statements and testimony from over a hundred witnesses from the private and public sectors were received on the question of whether or not Congress should further amend the 1974 FLSA amendments to exempt the employment of children for the purpose of short-term, single-crop harvests.
Senate Bill S. 1302, the Federal Mine Safety and Health Amendments of 1975 was introduced on March 21st by Senator Williams, Chairman of the Labor and Public Welfare Committee, with 40 other cosponsors. This bill has three principal features: first, it will combine
the 1966 Metal and Nonmetallic Mine Safety Act of 1966 with the 1969 Coal Mine Health and Safety Act, placing all of the nation's miners under a strong, unified legislative approach. Secondly, it transfers the Mine Safety enforcement from the Department of the Interior to the Department of Labor. Third, it provides for standard-setting and enforcement procedures which would conform to the Administrative Procedures Act and provide for appellate court review.
A continuing review of the operations of the Mining Enforcement and Safety Administration was conducted in 1975. This review included a GAO-National Bureau of Standards Study of mine (dustsampling procedures in coal mines; a GAO analysis of the closure orders issued by MESA in the metal and nonmetallic mines; and a Committee investigation of MESA's data processing systems. Com-mittee staff members visited both underground and surface mines produlcing coal, trona, copper, and other metals, as well as a copper smelting facility near Salt Lake City. Utah.
On December 9. 1975, a confirmation hearing was held on the nomination of Robert E. Barrett to be the Administrator of the Mining enforcement and Safety Administration. Mr. Barrett was confirmed the following week.
In 1970, pursuant to the adoption of the Occupatiopa! Safety and Health Act, an National Advisory Commission on State Workers Compensation Laws was established to study the effectiveness of existing state laws to provide adequate benefits to workers who became injured Ps a consequence of their work. This study resulted in a report issued in 1972 which concluded that existing State law was not providing injured workers with adequate benefits to compensate them for work-sustained injuries. The National Commission report contained 84 recommendations for improving State compensation systems which, if implemented, would establish minimum protections for injured workers. The Commission concluded that if all the States had not met these requirements by June 30. 1975, then there should be federal legislation establishing federally-mandated minimum standards for State compliance. As of June 30 not one State had met even the 19 most essential recommendations of th e Conmmissioni,
Prior to June 30, Senator Williams with other members of the Coimmittee, introduced S. 2018. the National Workers Compensation Act of 1975. This bill embodied a series of minimum requirements that all States must provide to assure adequate workers' compensation benefits for all injured workers.
During the 93rd Congress. a similar legislation had been introduced(l in the form of S. 2008. Although the Conmmnittee did not act on that legislation during the 93rd Congress, it did hold 12 (lays of hearing in seven cities anld W.ashington. D).C. on the proposed legislation.
After the introduction of S. 2018 during the 94th Congress. the Labor Subcomnmittee sent out over 200 requests for written comnullts on the proposed legislation to groups and persons interested in or affected by)v the provisions of the bill. Since that time. the Comiittee haA received back over eighty responses which contain ninerous s!,,tions for changing the legislation for its ilmporvemient. ThesIe 40111ments are currently being analyzed by the staff of the subcommittee in preparation for hearings and Committee action later in the second session of Confgress.
In recognition of the terrible unemployment problem facing the people of the United States the Committee on Labor and Public Welfare held coast-to-coast fact-finding hearings for the purpose of stimulating a national dialogue on a comprehensive full-employment policy.
Hearings were begun in Passaic, New Jersey and Camden, New Jersey on February 12 and 13, 1975. Testimony was heard citing the need for immediate tax cuts to stimulate the economy and put people back to work in newly-generated jobs and for a million public service jobs to help reduce the unemployment rolls of some 8 million jobless workers. The Subcommittee also found an urgent cry for improved unemployment compensation benefits for the job-seeking unemployed.
In opening the nationwide series of hearings, Chairman Williams defined the Committee's three major purposes in inviting national experts and knowledgeable individuals from local areas to testify:
First, we want to record the graphic evidence of the human misery that joblessness has caused; second, we want to explore some alternatives for strengthening" unemployment compensation benefits; and, third, we want to determine what the Congress can do to directly produce jobs.
Subsequent to the New Jersey hearings, the Committee received testimony in New York City, Buffalo, Los Angeles, and Washington, D.C. These hearing's were chaired by Senator Javits, ranking minoritv member on the Committee, Senators Cranston, and Kennedy. The testimony of private citizens. representatives of labor organizations, and local officials underscored the immediate need for a national employment policy to provide jobs for all willing, able-bodied workers and a decent standard of living for those jobless workers forced to rely on unemployment compensation benefits.
Subcommitftee on the Handicapped: Jennings Randolph, Chairman
The Senate Subcommittee on the Handicapped has jurisdiction over most l legislation directly affecting handicapped persons. The inain exception are social security legislation and measures directly related to transportation and housing. The Subcommittee is charged not only with developing Federal legislation, but also formulating national policy regarding matters affecting handicapped persons and acting as an advocate for handicapped persons within the Congress.
During the first session of the 94 Congress, the Subcommittee has considered the following legislation:
Because the Senate and House of Representatives could not schedule a conference on developmental disabilities legislation (S. 3378 and H.R. 14215) at the close of the 93rd Congress, Senator Randolph introduced 5. 462 (to extend and amend, the programs authorized by the Developmental Disabilities Services and Facilities Construction Act) on January 28, 1975. The measure as introduced was identical to the bill passed by the Senate in October, 1974. Hearings were held in March, and on June 2, 19 75, the Senate passed H.R. 4005 (the number of the House bill which had passed the House in April), amended in the nature of a substitute with the text of 5. 462. The conferees met in executive session in late July; but, due to the August recess, it was not until September that the Conference report was agreed to. The President signed the measure on October 4, 1975; it became Public La w 94-103.
The basic provisions of the Law were:
(1) An extension of the demonstration, training and operational grants for UTAF's and a new program of satellite centers to serve as clinical outreach facilities of the ITAF's;
(2) An authorization for a Special Projects section, including the existing Projects of National Significance and projects previously funded 'under the Vocational Rehabilitation Act and the Public Health Service Act;
(3) An authorization of a. new $150,000 minimum for each State.; (4) A strengthieningr of State planning councils by clarifying and enlarging their functions and insuring sufficient stature of the council within the State ;
(5) A requirement of the Secretary to insure that recipients under the Act shall take affirmativ-e action to employ and (advance in, emiployment handicapped individuals;
(6) The establishment of an evaluation system by the Secretary and a time-phased plan for each State's implementation of an evaluation system;
(7) A change in the definition of the term "developmental disability"' to include autism and dyslexia, if the latter is the iesult of mental retardation, cerebral palsy, epilepsy, or autism;
(8) A requirement that the Secretary determine other conditions which should be included in the definition of a developmental dis-' ability; and
(9) A new title on the rights of handicapped persons, which would protect such rights, mandate an individual written habilitation plan for each developmentally disabled person being served in a program funded under this Act, and mandate a system in each State to protect and advocate the rights of persons with developmental disabilities.
During this first session, Senator Williams, Senator Randolph, and others introduced Senate Bill 6, the "Education for All Handicapped Children Act." The purpose of this legislation was to provide financial assistance to the States for improved educational services for handicapped children, a long neglected minority in our school systems. The Subcommittee on the Handicapped held hearings on the bill April 8, 9, and 15, 1975. On June 2, the Committee reported the bill to the Senate floor, and on June 18, S. 6 passed the Senate by a vote of 83-10. Since the House had a companion bill, H.R. 7217, House. and Senate conferees met on October 8, 9, 23, 29 and 30. The conference report was filed on November 14, 1197.5 and President Ford signed the billI into law on November 29, 1975 (Public Law 94-142).
This new legislation establishes, effective Fiscal Year 1978, a new fun dIinog formula for States and localities based on the number of handicapped children provided education within the States and extends the existing funding formula until Fiscal Year 1978. The legislation also establishes eligibility provisions for assistance which ipild~e: (1) the requirement of a right to education policy within the. State: (2) the provision of an individualized education plan for each handicapped child served; (3) the establishment of a plan and timetable to assure all handicapped children within the State. aged 3 to 18, educational services by September 1, 1978; and to assure all handicapped children within the State, aged 3 to 21, educational services by September 1, 1980; (4) responsibility for provision of educational services and implementation of the Act to rest with the State educational agrency; and ()expanded procedural protections fo- lian di canTped children and their parents.
The legislation also provides for a procedure for funding of local ecbicational agencies and the submission of local applications and es:tabflishes provisions relating to the removal of architectural baierwis. provisions relating to the employment of handicapped in(livi(lllals by State and local agencies, and certain provisions relating to the administration of the Act by the Office of Education, including a mandated study by the Commissioner of diagnostic procedures and a monitoring system for the identification of children with specific learning disabilities.
The Subcommittee also considered two bills, S. 1256 and S. 1264, to extend the funding formula in existing law for one and two years, respectively, in the event that new legislation to extend the formula was not enacted. S. 1256 was reported to the Senate floor on June 2, 1975, but no further action was taken on this bill because S. 6 contained provisions to extend this formula.
WHITE HOUSE CONFERENCE ON THE HANDICAPPED
The Rehabilitation Act Amendments of 1974, P.L. 93-516, author ized the President to call a White House Conference on Handicapped Individuals no later than two years after date of enactment in order to develop recommendations and stimulate a national assessment of problems, and solutions to the problems, facing handicapped individuals. However, because of a delay in the Presidential announcement of the Conference, a delay in the appointment of council members, and the short planning period allowed by law, a joint resolution, S.J. Res. 154, was introduced and agreed to by the Senate on December 17 to amend P.L. 93-516 so that the Conference could be held not later than three years from date of enactment of the Rehabilitation Act Amendments of 1974.
On December 9 and 10, 1975, the Senate Subcommittee on the Handicapped and the House Subcommittee on Select Education held joint hearings on an extension of the Rehabilitation Act of 1975. One week later, Senator Randolph introduced S. 2807. a bill to extend the Rehabilitation Act for one year at the FY 1976 authorization level through Fiscal Year 1977. This measure was passed by the Senate on December 19, and is awaiting conference with the House to settle the differences between this bill and the House bill, H.R. 11045.
Early in the second session of the 94th Congress, the Subcommittee is committed to hold oversight hearings on the implementation of the rehabilitation program. The issues which will be covered during these hearings will include: (1) experimental service delivery systems: (2) the allocation formula by which grants are made to the States: (3) the implementation of section 501 (relating to Federal employment of handicapped individuals), section 503 (relating to affirmative action by Federal contractors), and section 504 (relating to nondiscrimination under Federal assistance programs) of the Act: (4) the recommendations of the various studies (Sheltered Workshop. Comprehlensive Service Needs, and Long-Range Projections) : (5) transportation: (6) the activities of the Architectural and Transportation Barriers Compliance Board and the emphasis given to severely handicapped persons under the Act. Resolution of these issues is expected through the hearings, and it is expected that further amendments to the Rehabilitation Act will be introduced.
The Subcommittee has also been involved in legislation affecting handicapped persons that is pending before other Committees. It is working with the Committee on Post Office and Civil Service on S. 1607, a bill introduced by Senator Randolph to authorize the employment of reading assistants for blind employees and interpl)reters for deaf employees. This bill would require that a certain perentage of
positions in Federal agencies be classified to authorize the. eniployment of reading assistants and interpreters for blind and deaf employees.
Senate bill 6221 the Energy Conservation and Oil Policy Act of 1975, contains provisions for handicapped persons worked out by the Subcommittee on the Handicapped and the Committee on Public Works. This measure directs the President to take into consideration the mobility needs of handicapped individuals when prescribing energy conservation contingency plans and a program for the rationing and ordering of priorities among classes of end-users of gasoline and diesel fuel. This legislation became law December 22, 1975 (Public taw 94163).
Members of the Subcommittee were also involved in the development and passage of S. 662, the National Mass Transportation Assista-nee Act Amendments of 1975, referred to the Senate Committee on Banking, Housing and Urban Affairs. This bill makes certain amendments to the Urban Mass Transportation Act of 1964 to assure the accessibility of all mass transit facilities and vehicles. This bill was passed by the Senate on September 15, 1975 and at this writing is pending before the House Public Works Committee.
Subcommittee on Education: Claiborne Pell, Chairman
During the past year the Subcommittee on Education held oversight hearings on the higher education and vocational education programs, several bills were considered and passed, and work was begun on S. 2657, the Education Amendments of 1975.
Starting in March and running through July, the Subcommittee heard four days of testimony on vocational education and thirteen days on higher education programs. The record of the hearings was held open for an additional month and written statements from all sectors of the education community were solicited. The main points discussed were: the need for teacher training programs and the Education Professions Development Act~; reorganization of the Office of Education; reorganization of the National Institute of Education; governance of state vocational educational programs; ceiling levels for student financial aid programs, the provision limiting Basic Educational Opportunity Grants to half the cost of a student's postsecondary education, the factors to be included in the needs analysis used to determine the Expected Family Contribution in the Basic Educational Opportunity Grant program; and the default rate in the Guaranteed Student Loan program. The Subcommittee also coop,erated with the Government Operations Committee on its investigation into the Guaranteed Student Loan program.
Supplementing this testimony, visits were made to several states in order to see programs in operation, or to address members of the educational community. In vocational education this travel included visits
-to five states, Connecticut, New York, Oklahoma, Arizona and California, and one Office of Education regional office to discuss state administration of the Vocational Education Act of 1963 and the role of the state Office of Education regional authorities.
On March 19, 1975, H.R. 4221, a bill authorizing interstate reallocation of Collegye Work-Study f unds, was referred to the Subcommittee. Certain monies appropriated for the program were not expended duriing the fiscal year, and there was a threat that the funds would revert to the Treasury, This would have had the effect of reducing the scope of the program as legislated. so the Committee reported the bill w\ ith an amendment which also authorized the carry-over of Basic Educational Opportunity Grant funds to allow unexpended funds from Fiscal Year 1975 to Fiscal Year 1976. On May 20 the Act w-as passed by the Senate. A conference was held on June 9 and the report was agreed to by the Senate on June 10. On June 28 the measure was approved and became Public Law 93-42.
On July 21st, Senator Cranston introduced S. 2145 to help school districts pay for the cost of educatingr the children of Vietnainese ref ugees. This measure was badly needed by some local educational agen66-i 15-7i3---4
cies, which have had to take on large numbers of new students as a result of resettlement operations. Tis need is further exaggerated by the fact that these new students have many special needs, especially in the field of language, that the local educational agencies must meet. A hearing was held on the bill on September 9, and the Senate passed the measure on October 29.
On December 16, HI.R. 8304, a measure to amend the National Reading Improvement Program, was received by the Senate. The measure provided authority to continue certain state reading programs whichi iiad formerly been supported by the Right to -React program, plus a, new authorization of Eederal matching tunds for the -Reading isbFuiidamental program, which gives low-cost paperback books to disadvantaged children. Tihe Seniate passed the biil with an amendment on December 17. The House accepted the Senate amendment on iDecember 19, and the bill was sig-nedt into law on December 31, 19'5, becomiing Public Law 94-194.
The Subcommittee on Education also held hearings on. two other pieces of legislation. On Septemlber 16 and 18 testimony was presented oil S. 2106, concerning the application of Title IX of the Education
Amendment s of 1972. Prohibition of Sex Discrimination in revenueproucig itecolegitesports. The hearing concentrated on equal opportunities for women in collegiate sports activities.
Thie second hearing, which tLook place on December 18, was on S. 2497, an amendment to the Higher Education Act of 1965 to encourage the establishment of lifetime learning programs.
Finally, during the year the Subcommnittee held a series of meetings with Department of health, Education and Welf are stall concerning oversight on implementation of P.L. 93-380.
In 1076 the following pieces of legislation will expire:
Higher Education Act of 1965
Vocational Education Act of 1963
National Institute of Education authorizing legislation
Fund for the limproveinent, of Postsecondary E ducation authorizing legislation.
In the second session of the 94th Congress the Subcommittee will work on legislation extending and amending these authorities. Vocational education legislation will be simplified and consolidated. The General Accounting Office report dated December 31, 1974, pointed out the need to coordinate and rationalize the various vocational education programs no0w il existence. As well, it is hoped that a new planning mechanism, involving all interests in a state concerned with vocational education and training, c an make vocational education more responsive to each state's individual needs.
Concerning higher education, the Subcommittee plans to change little in the current legislation. Most of the programs will be given straight extensions with the bulk of our work being concentrated on the student aid programs, Title IV. There is a need to take several years of inflation into account concerning the amounts of aid authorized per student, and a great deal of work needs to be done on the Guaranteed Student Loan program. In that sector, a continued high rate of default, some outright fraud, and a lax system of 'administration have contributed to jeopardize the program. The Subcommittee
will seek to correct these problems by tighthening up on the program's requirements.
The National Institute of Education has been in political trouble for many years, mostly because many educators and politicians have, not seen any practical return on the funds administered by the Institute. Critics have long charged that the National Institute of Education produces work which is overly theoretical, academic, and esoteric, rather than being of immediate use to educators. In order to answer these attacks, and maintain a Federal investment in educational research, the Subcommittee is considering a proposal to divide the Institute into three separate institutes, dealing with elementary/ secondary v; postsecondary; and vocational education. The Fund for the Improv*emenit of Postsecondar- Education, which has had some success in funding experimental projects, could then be folded into the Institute for Postsecondary Education, as could vocational education research, now located in the Office of Education.
Finishing this work by mid-year, the Subcommittee will commence. work on the hearing process needed for the next major bill due for revision, the Elementary and Secondary Education Act of 1965.
Subcommittee on Health: Edward M. Kennedy, Chairman
In 1935, a resolution calling for an investigation to determine "the best and most effective kind of legislation to provide a system of health insurance throughout the United States" was introduced by Senator Hugo Black (Chairman of the Committee on Education and Labor which was to become, in 1946, the Committee on Labor and Public Welfare). Since then the Committee, through its Subcommittee on Health, has produced a wealth of health legslation over which it has jurisdiction, and which, for the most part, is time-limited. This necessitates continued legislative oversight and review activities in the context of revising and extending legislation which otherwise would expire. Essentially, the Subcommittee's responsibility respecting health legislation includes, but is not limited to, the Public Health Service Act (with its many parts), the Federal Food, Drug, and Cosmetic Act, and the Mental Retardation Facilities and Community Mental Health Centers Act of 1963.
The Subcommittee has continued to work closely with the General Accounting Office. the Congressional Research Service of the Library of Congress, and the Institute of Medicine of the National Academy of Sciences. Also, the Subcommittee has developed a close working relationship with the recently established Office of Technology Assessment and the Congressional Budget Office in order to determine the most effective ways in which those Offices could provide additional assistance to the Subcommittee.
In the First Session of the 94th Congress the Subcommittee conducted multiple days of public hearings concerning a host of legislative and oversight matters affecting the nation's health care system and the Federal role in respect to it.
During the course of the First Session of the 94th Congress the Health Subcommittee has conducted numerous legislative and oversight activities respecting those programs whose legislative authority had or was about to expire, in addition to a continuation of its inquiry into public policy areas regardng the rapidly growing and costly health care industry in the United States.
The highlights of the Subcommittee's activities are contained in the following brief summary.
The major areas, which the Subcommittee continued to act upon included:
(1) Health Manpower.
(2) Biomedical Research.
(3) The Pharmaceutical Industry.
(4) Cosmetic Safety.
(5) Food Safety.
(6) Lead-Based Paint Poisoning Prevention.
(7) Medical Malpractice.
(8) International Health.
(9) Health Maintenance Organizations.
(10) Food Supplements.
(11) Medical Devices Regulation.
(12) Nurse Training Support.
(13) Migrant Health.
(14) Community Mental Health Centers.
(15) Neighborhood Health Centers.
(16) Biomedical Research Training.
(17) Health Insurance for the Unemployed.
(18) Protection of persons subjected to biomedical or behavioral
(19) The Health Needs of Rural Areas.
NURSE TRAINING AND HEALTH REVENUE SHARING
S. 66 incorporated provisions contained in the Nurse Training Act and the separate Health Revenue Sharing and Health Services Act which were reported by the Committee on Labor and Public Welfare in 1974 and ultimately pocket-vetoed by the President. The Committee incorporated both of these previously considered bills in S. 66 with only technical changes and reported the bill to the Senate on January 28, 1975. The bill was passed by the Senate with Floor Amendments on April 10, 1975, and a Conference Report was agreed to on July 14. S. 66 was vetoed by the President on July 26, 1975-and the veto was overridden by the Senate on January 26 and by the House on January 29. The Nurse Training, Health Revenue Sharing and Health Services Act of 1975 extends for three years Federal programs of support to schools of nursing, and for two years Federal programs of support for community mental health centers, migrant health centers, and state grants for public health projects. The Act also establishes a program for the screening and diagnosis of hemophilia, and for the fractionation of blood products for the treatment of hemophilia, as well as National Commissions for the study of epilepsy and Huntington's disease. The authorities extended in this Act will next be considered by the Committee in 1977.
HEALTH INSURANCE FOR THE UNEMPLOYED
On February 7, 1975, S. 625, Emergency Unemployment Health Benefits Act of 1975, was introduced in the Senate and referred to the Committee. Similar bills, S. 951 and S. 966, were introduced on May 5, 1975. The Committee held hearings on these bills on March 6 and 11, 19 75. At these hearings testimony was offered by representatives from Blue Cross and Blue Shield, private health insurers, prepaid group health plans, the American Hospital Association, the Americal Medital A ssociation, the AFL-(IO, the UAW, administrators of employee welfare benefit plans, State employment security agencies, and the Secretary of the Department of Health, Education and Welfare. With the exception of the Administration, all of the witnesses supported the need for legislation to provide health insurance to unemployed workers and their families on an emergency basis. There was general agreement that the basic approach to the provision of such benefits proposed
by S. 625 was both desirable and feasible as an approach to such an emergency program. On March 17, 1975, S. 625 was favorably reported by the Committee.
The Committee's concern for this problem was based on the fact that most health insurance in the United States is employer sponsored. In this case, when a worker becomes unemployed he loses his health insurance. Health insurance sold on both a conversion and individual basis is expensive. Coupled with the meager financial support provided by unemployment compensation, it is difficult for unemployed workers to purchase such coverage. It is estimated that between 70 and 75 percent of workers who have been unemployed longer than 30 days have no health insurance. The Committee was concerned that unemployment thus leaves millions of workers -with more than a severely reduced income: it leaves them and their families unprotected against the high cost of modern medical treatment.
With unemployment in early 1975 at the 8.2 percent level and unemployment projected by the Administration to remain at the 6.9 percent level or higher for the succeeding three years, the Committee was faced with an acute and chronic problem. It was felt that this problem could be best met by Federal payment for a continuation of coverage by private health insurance carriers. The system designed would be a cooperative one involving state unemployment compensation a encies certification of the worker as unemployed and receiving compensation, private health insurance continuation of health insurance coverage, and Federal payment for the coverage. Witnesses at Committee hearings generally agreed that such a program would be feasible and could be expeditiously implemented. There was general agreement that while such program would not reform the health insurance system, that it would provide needed health insurance for large numbers of unemployed workers and their families on an emergency basis.
The Subcommittee conducted more than a week of extensive hearings on the legislation intended to expand and improve upon the expired Health Professions Educational Assistance Act. The Subcommittee continues to work toward a comprehensive health manpower bill which will address the five major health manpower problems which confront the nation. These are: (1) geographic maldistribution of health professionals; (2) specialty maldistribution of physicians: (3) the nation's growing reliance upon foreign medical graduates: (4) the inadequacy of existing quality control for health professionals under state licensing statutes: and, (5) the nature of the mechanisms to provide support for health professional students and their institutions of higher learning.
NATIONAL HEART AND LUNG INSTITUTE
On March 6. 1975, Senator Kennedy introduced legislation to extend and improve legislation respecting the National Heart and Lung Institute and the NIH program to support the training of the nation's future generation of biomedical researchers. This legislation was designed to extend the basic law which the Consgress had initially enacted in 197'2. Hearings were conducted later in March. And by the end
of 1975 both Houses of Congress had passed legislation designed to continue these programs for an additional two. years.
FDA AND THE PHARMACEUnCAL INDUSTRY
The Subcommittee continued its investigation of the pharmaceutical industry during the 94th Congress. Hearings were held on January 28 and 29, 1975; February 27, 1975; April 22, 1975; and July 10 and 11, 1975.
The Subcommittee completed the first phase of -its inquiry into the research and development of new drugs -and the role of the Food and 'Drug Administration in regulating that process. Over thirty FDA employees and a number of Advisory Committee members testified critically concerning the FDA's regulatory activities. An independent committee, appointed by the Secretary of ITEW, has been reviewing the complaints of the FDA employees and Advisory Committee members, and the entire new drug evaluation, process. The FDA Commissioner published the results of his own investigation of some of these charges in a 9000 page report. A preliminary evaluation of the report by the independent committee concluded that it was inadequate. It is expected that the independent committee will complete its review during the First Session of the 95th Congress.
Legislation, S. 2696 and S. 2697, was introduced to create two new agencies: The Food and Cosmetic Administration and the Drug and Devices Administration to replace the Food and Drug Administration.
Following a hearing on the drug DES in February 1975, legislation, S. 963, was introduced to ban the use of DES, a. carcinogen, in foodbearing animals, pending further studies, and to further restrict the use of DES as a morning-after contraceptive. The bill was passed by the Senate at the beginning of the Second Session and referred to the House.
The Subcommittee then embarked on the third phase of its inquiry which has focused on the manner in which the pharmaceutical industry tests new drugs, both in animals and humans. FDA officials testified before the Subcommittee in July 1975, that there were serious inconsistencies between raw data and summaries furnished to the FDA in connection with long terni carcinogenic studies in animals concerning two major drugs manufactured by he G. D. Searle Company. At the Subcommittee's request the Commissioner of FDA conducting an unprecedented, in depth inspection of the Searle Company during which the animal test data of seven major drugs are being reviewed.
The Subcommittee also received testimony and affidavits in July of 1975 from former prisoners who had been subjects of drug tests while in prison. All the prisoners said that the principal motivation for participating in the tests was the fact that it was usually the only source of meaningful income. One prisoner was seriously injured and hospitalized as a result of a drug test. Another prisoner stated that inmate.s were sometimes on more than one, test at a time and that kickbacks were paid by prisoners to become subjects of the tests.
Phase three of the pharmaceutical industry inquiry should be completed during the First Session of the 95th Congress. Phase four, which will follow, will focus on the research and dev -elopment efforts of the industry and drug pricing.
Additionally, tfWSubcommittee held hearings on September 10 and
13, 1975, and November 7, 1975, concerning the clinical testing of investigational drugs by the Department of Defense and the Central Intelligence Agency. Because of the lack of safeguards for human subjects of such drug tests as evidenced in the hearings, legislation, S. 2515", was introduced to establish a permanent Presidential Commission for the Protection of Human Subjects Involved in Biomedical or Behavioral Research. The bill would give the Commission oversight jurisdiction over all Federal agencies in this respect.
The Subcommittee held one day of hearings on S. 1681, which was the successor to S. 863 of the 93rd Congress, on June 12, 1975. The general subject of those hearings was premarket testing of cosmetics, ingredient and cautionary labeling of cosmetic products, registration of cosmetics manufacturers, adverse reaction reporting, and other aspects of cosmetics regulation. The Subcommittee is scheduled to consider this bill early in 1976.
The Food and Drug Administration (FDA), the agency through which the Secretary of HEW enforces the Federal Food,'Drug and Cosmetic Act I is responsible for regulating the food supply of this country to assure its safety.
Limitations in FDA authority prevent it from providing the comprehensive protection to which the American consumers entitled. Conscientious members of industry recognize that they have the primary responsibility for assuring the safety of the food they produee. And it is clear that the most effective means of controlling contaminants is by daily adherence to procedures by those engaged in the production process. Yet, FDA lacks the general authority to require industry to do its own sampling and testing.
Essential to an effective food safety program is a means of detecting emerging problems. Controls are needed to prevent food adulteration and to limit food-borne disease outbreaks. A national registration system of food processors is imperative. Comprehensive food labeling for information regarding ingredients, nutritional value and freshness is also an important need.
S. 641, as introduced in the 94th Congress, was an amalgam of S. 273, as passed by the Senate, and the food coding legislation considered in hearings in the fall of 1974.
Three days of joint hearings were held in June of 197.5, by the Consumer Subcommittee of Commerce and the Subcommittee on ITealth of the Committee on Labor and Public Welfare. Testimony was received from the FDA, consumer groups, and representati,.'E's from 13 different types of food processing organizations as well as several state officials.
Subsequently, the Committee on Commerce met in open executive session on November 13, 1975, and ordered S. 641, as anwnded, reported favorably without objection. The Health Subcommittee will consider the bill early in 1976.
On June 30, 1975, the Committee held a hearing concerning health care in rural areas. The hearing especially focused on the need for additional health manpower in rural areas and the mechanisms that could be incorporated in the renewal of the major Federal health manpower legislation in responding to those needs. Witnesses included the Administration, represented by Drs. Kenneth Endicott and Robert van Hoke. a panel of citizens from West Virginia, and six organizations whose members are interested in rural affairs, the National Farmers Union, the National Association of Rural Electric Cooperatives. the Catholic Rural Life Conference, the Rural America, Inc., the United Mine Workers, the National Association of Counties, the General Accounting Office, and a representative of CONSAD, Inc.
All witnesses indicated that the number of physicians in rural areas has declined over the past several decades. Rural areas now have fewer than one-half of the physicians on a per-capita basis as urban areas. Many rural areas have fewer physicians than that, and in some areas the supply approaches no physicians at all.
It was generally agreed by the witnesses representing the organizations that a program in which young physicians would spend several years in the early part of their career serving rural areas would be desirable. Three of the groups, the Catholic Rural Life Conference, Rural America, Inc., and the National Association of Counties, would support service by all medical school graduates. The UMWAT, the National Association of Rural Electric Cooperatives, and the National Farmers Union would prefer a program which would provide ROTCtype scholarships to those students who seek them and agree to serve. A final general point was made that physicians should not be simply parachutede" into rural areas. Community service organizations would be necessary to insure quality services and a setting in which the physicians were likely to find practice attractive.
Hearings were held on three medical malpractice insurance propo ;als pending before the Subcommittee. The Subcommittee hearings with respect to these proposals were held on April 7, 9, 10, 15, and 18, and also on December 3. No Subcommittee action on the legislation has yet been taken.
A study mission, under the auspices of the Subcommittee was sent to Eg'ypt. Pakistan, India, Bangladesh, and the Philippines during the.period February 1 through March 15, 1975. Two days of hearings were held in June dealing with the findings of the study mission, and a report to the Subcommittee has been prepared containing findings and policy recommendations for the use of the Subcommittee.
HEALTH "MAINTENANCE ORGANIZATION
Hearings on S. 1926, the Health Maintenance Organization Act Amendments of 1975, were held during December, 1975. The measure
is still pending before the Subcommittee, with additional hearings and mark-up scheduled for early 1976.
DISEASE CONTROL AND CONSUMER HEALTH EDUCATION AND PROMOTION
The Subcommittee conducted hearings on May 7 and 8, 1975, on a disease control bill (S. 1466) introduced by Mr. Kennedy, a venereal diseases bill (S. 1464) introduced by Mr. Javits, and on a third bill (S. 1467) introduced by Mr. Kennedy, which would add a new title XVII, Office of Consumer Health Education and Procotion and Center for Health Education and Promotion, to the Public Health Service Act.
Witnesses who testified revealed that current immunization levels were dangerously low and the potential for mischief perforce high, that CDC desperately needed resources and manpower to do its important job, that we are now experiencing the worst epidemic of venereal diseases since the 1960's. that there exists a profoundly disturbing relationship between health status and life styles, and that morbidity and mortality rates will not be significantly improved unless self-imposed risks are modified.
The three discrete bills were revised in Committee and became three titles of a bill to continue the expired authority for CDC and given a new title, National Disease Control and Consumer Health Education and Promotion (S. 1466).
The Subcommittee held two days of popularly attended hearings on S. 1737. the Clinical Laboratories Improvement Act of 1973. This bill, which would complete action begun in 1967 with the passage of the original Clinical Laboratories Improvement Act, would establish an Office of Clinical Laboratories within HEW to address the issue of jurisdictional disputes within the Federal health establishment. It further broadens the jurisdictional parameter to licensure and the establishment of quality standards for all laboratories and not just to those in interstate commerce. Additionally, testimony was presented si)upporting the view that physicians' office laborato6ies could also be regulated in a manner which )both enhanced the quality of care received 1v patients while maintaining strict adherence to the patient-physicianll relationship.
During the Second Session of the 94th Congress. the Subcommittee intends to complete legislative action on those matters which have vyet to be acted 111)0upon by the Senate or which, while passed by the Senate, await action by the House of Representatives. In addition, the Subcomnttee intends to continue its basic legislative oversight activities respecting the plharmaceuLtical industry and the Federal Food and Drug Administration.
Also, in the spring of 1976 the Subcommittee eagerly anticipates the report of the Presidents Biomedical RIesearch Panel which will initiate a comprehensive review on the Subcommittee's behalf of overall Federal policy regarding lbiomledical and behavioral research.
EMPLOYMENT, POVERTY, AND MIGRATORY LABOR
Subcommittee on Employment, Poverty, and Migratory Labor:
Gaylord Nelson, Chairman
The Subcommittee on Employment, Poverty, and Migratory Labor has legislative responsibilities with respect to employment and training programs, anti-poverty programs under the Economic Opportunity Act (including the Conmmunity Services Administration, the Legal Services Corporation, and the Headstart, Follow Through, and Native American programs in the Department of Health, Education and Welfare), and migrant programs in the Department of Labor and the Community Services Administration.
During the first session of the 94th Congress, the Subcommittee held four hearings on legislation to extend the Emergency Jobs and Unemployment Assistance Act of 1974. These hearings were held in Washington on May 19 and 20 and June 4 and 6, 1975. The Emergency Jobs and Unemployment Assistance Act of 1974, which had been signed on December 31, 1974 (Public Law 93-567), consisted of two titles.
Title I authorized a $2.5 billion public service employment program by adding a new title VI to the Comprehensive Employment and Training Act of 1973.
Title II of the Emergency Jobs and Unemployment Assistance Act of 1974 originally provided up to 26 weeks of assistance for unemployed workers who are not covered by regular unemployment compensation programs.
The Special Unemployment Assistance program provides full Federal funding of unemployment compensation benefits to individuals not covered by State or other regular unemployment compensation programs. State and local government employees, domestic workers, and migrant workers constitute most of the persons potentially eligible for Supplemental Unemployment Assistance benefits in the event they become unemployed.
On June 11 and 12. 197., the Committee marked up legislation extending the Special Unemployment Assistance program. On June 18, the Committee favorably reported to the Senate legislation extendinr the Supplemental Unemployment Assistance program for one additional year (through December 31, 1976) and increasing the maximum duration of benefits from 26 to 39 weeks.
This legislation was set forth in title II of H.R. 6900. The remainder of H.R. 6900, authorizing up to 65 weeks of unemployment benefits for workers covered 1v regular unemployment compensation programs, was marked up by the Finance Committee.
IT.R. 6900 was signed into law on June 30, 1975 (Public Law 94-4.5).
The Subcommittee exercised its oversight responsibilities with respect to the employment and training programs by frequent consulta(27)
tion with and inquiries to the Labor Department and State and local prime sponsors of such programs. Regulations implementing the public service employment programs were reviewed by the Subcommittee staff, and problems involving the allocation of funds and administrative problems were frequently discussed with the Labor Department.
The Subcommittee held a field hearing on October 16, 1975, in Chippewa Falls, Wisconsin, for the purpose of reviewing community action programs, with particular attention to the Community Services Administration's Energy Conservation Program which helps low-income families insulate their housing to save on fuel costs and provides emergency service for families whose fuel is about to be cut off.
On September 29, 1975, the Subcommittee held a hearing in Washington on proposed legislation to amend the. Comprehensive Employment and Training Act to authorize funds to employ unemployed photographers and filmmakers to make portraits of life through America during the bicentennial year.
At the end of the year, approximately 310,000 previously unemployed persons were employed in public service employment programs under titles II and IV of the Comprehensive Employment and Training Act. The Subcommittee will conclude its action on legislation to extend and expand the authorization for public service employment programs under CETA early in the second session of the 94th Congress.
CHILDREN AND YOUTH
Subcommittee on Children and Youth: Walter F. Mondale, Chairman
The Subcommittee on Children and Youth was created in 1971 to provide a continuing focus on Federal policy regarding children and youth.
It has attempted to identify the needs of children and youth and to respond to them through new legislation, through oversight of existing legislation, and through working with other Committees of the Senate to improve and strengthen existing efforts on behalf of children and youth.
ADOPTION AND FOSTER CARE
In response to the referral of S. 1593, the proposed "Adoption Opportunities Act," the Subcommittee undertook a major study of the policies and problems of adoption and foster care in this country. A consultant report, "Foster Care and Adoption: Some Key Policy Issues," was developed and circulated by the Subcommittee in an attempt to identify and document current trends in these areas and to determine the impact of federal policy on the children in the foster care system.
The report pointed out that nearly one third of a million children are in foster care-living away from their homes. It suggested that many of these youngsters could be returned to their families or placed permanently in adoptive homes if certain types of assistance were provided to them and their families.
These problems were among those explored by the Subcommittee in five hearings on various aspects of adoption and foster care during 1975. In two hearings the Subcommittee received testimony on the growing problem of so-called "black market" adoptions. in which intermediaries receive a large fee for the placement of a child.
The Subcommittee also focused on the problem of adoption of children with special needs-those who are handicapped or older. or who wish to be placed with siblings-in two hearings. Discussion of the potential effectiveness of the "Opportunities for Adoption Act in providing for the adoption of children with special needs was a key element in the hearings.
In the fall the Subcommittee initiated a joint effort with the House Subcommittee on Select Education to explore policies and issues specifically related to foster care. The subcommittees held a joint hearn in which they received testimony from witnesses with a broad variety of perspectives on the issue. These included foster parents, social workers, government officials, representatives of religious groups and academic experts.
In an attempt to deal with the great variety of policy questions raised by the area of adoption and foster care, the Chairman introduced legislation which would facilitate the adoption by American parents of children from abroad. This legislation is pending in the Judiciary Committee.
The Chairman also introduced S. 2604: which would create a computerized national adoption information exchange designed to bring together prospective parents and children who are available for adoption.
During 1976 the Subcommittee intends to continue its joint inquiry with the House subcommittee into foster care, and to develop and act on legislation which grows out of this inquiry.
In 1973 the Subcommittee held hearings on the trends and pressures affecting American families. These hearings explored a wide range of issues, includinLy the extent to which government policy is helpful or harmful to families.
As an outgrowth of those hearings, the Chairman introduced in 1975 S. 2250 the "Family Research Act." The bill is designed to increase knowledge of economic, sociological and environmental pressures facing families. It would provide support for research "to identify, understand, measure and, to the extent practicable, develop knowledge essential to preventing and relieving pressures that families are experiencing in an increasingly complex and technological society."
Each year, an estimated 7 million American children attend children and youth camps across the country. The children and their parents generally expect the camping experience to be recreational and educational-as well as healthy and safe.
Yet, every summer some of these camping experiences go sour when a child is injured or killed or becomes seriously ill. The Department of Health, Education and Welfare told the Subcommittee that in 1973, 25 children died, 1,448 were injured and 1,223 suffered serious illness while attending camp. These figures are minimums, based on what HEW admits was a voluntary and incomplete survey of camps.
Since 1967, bills providing for a federal role in assurance of camp safety for children and youth have been introduced in the House Mid the Senate. In the 93rd Congress, following a Subcommittee hearing., the Labor and Public Welfare Committee reported an amended version of S. 3639 by a vote of 12 to one.
Camp safety legislation was considered again and an amended version of the "Children and Youth Camp Safety Act" was reported from the Committee by a vote of 8 to 6 in November. The reported version of the bill offers states great flexibility in developing their own plans for camp safety. It precludes the Secretary of Health, Education and '"7'elfare from exercising any administrative or enforcement authority in a state which has an approved plan, and it provides for up to 80 per cent federal support of state programs.
The bill is awaiting action by the full Senate.
GUILD AND FA-MILY SERVICES
The Subcommittee held 12 joint hearings with the House Select Subcommittee on Education on S. 626, the Child and Family Services Act. A similar version of this legis ,lation had been passed by both Houses and vetoed by the President in 1971; and had been passed again by the Senate in 1972.
The bill authorizes the provision of a variety of services designed to strengthen and support families and children, including prenatal health care, early health screening, and treatment to identify handicapping conditions; part-day pre-school programs like nursery school and Head Start, home care, and day care for children of working parents. Witnesses at the hearings stressed the great need for the services which would be provided if S. 626 were enacted. They emphasized that 10 million youngsters are living in poverty; that 4:0 per cent of young children in this country are not immunized against childhood diseases;- that two-thirds of the handicapped pre-school children who need special services are not getting them; and that only 1 million licensed child care slots are available for the 6 million pre-school children whose mothers are working.
One outgrowth of the Subcommittee's continuing hearings and work on the Child and Family Services legislation concerned the issue of enforcement of the Federal Interagency Day Care Requirements (FIDCIR). Based on their work in the Subcommittee, the Chairman and other members became active in supporting legislation designed to. provide the funds necessary to bring programs into compliance with these FJDCR requirements which were scheduled to be enforced October 1, 1975.
Th7e prospect that these FIDCR requirements would be enforced begining October 1 created growing concern on the part of many child providers and many States which administer these programs.
In order to head off possible cutbacks by states in the number of children served, the concerned Senators introduced legislation providing additional funding of $300 million per year (over the existing socialrservices ceiling) to assure that child care programs would have the funds necessary to meet the standards scheduled to take effect.
The bill, 5. 2425, provided a three month delay-until December 31, 1975-in the imposition of any penalties for violation, making it possible--through the provision of additional f unds-for child care pro0grams to come into compliance with these standards over the next three months.
CHILDREN 5 C1JIARITIES
In 1974 the Subcommittee continued its examination of charities that serve children and youth. The study, which was designed to determine ways of protecting contributors to and beneficiaries of children's charities, consisted'-of staff investigation and eight (lays of hearings.V
During the first seven days, the Subcommittee received testimony from representatives of several charitable organizations, and from public and pr-ivate agencies involv-ed in monitoring the activities of such groups. The testimony showed that the majority of children's
charities hav e been providing critically needed services to countless children effectively and responsibly. But the Subcommittee also found some organizations claiming to be charities which were involved in misleading practices and highly questionable activities. Among other things, the testimony demonstrated that some form of uniform interstate re(rillation of charities is needed.
A final day of hearings was called to examine a General Accounting Office report, commissioned by the Subcommittee, on several cliarities registered with the Agency for International Development. The, hearing revealed that, although AID registration of a charity may imply government sanction of its activities, the Agency in fact does not have the resources to effectively monitor the registered groups.
As an outgrowth of the hearings Chairman Mondale introduced the "Truth in Contributions Act," on March 12th, 1975, which was referred to the Senate Finance Committee. The legislation, if enacted, would require that charitable organizations which solicit contributions from the public pay out at least half of their gross revenues in charitable activities. Another component of the bill would require some form of disclosure by charitable organizations to potential contributors at the time of solicitation.
Subcommittee on Aging: Thomas F. Eagleton, Chairman
During the first session of the 94th Congress, the activities of the Subcommittee on Aging were devoted almhnost exclusively to legislation to extend and revise programs under the Older Americans Act of 1965, which authorizes a variety of programs for older persons, including social service programs and programs to provide transportation, nutrition and community service jobs for the elderly. Most of the authorities in the Act expired on June 30, 1974.
Hearings were begun on March 19, 1974 to hear testimony regard'ing legislation proposed to extend and revise the Act, and to review the administration of the Act in fulfillment of the Subcommittee's oversight responsibilities. In all, four days of hearings were conducted by the Subcommittee on this subject, at which numerous witnesses appeared representing the Administration on Aging-which has primary responsibility in the Department of Health, Education and Welfare for administering Older Americans Act programs-and a wide range of public and private agencies involved in providing services to the aging as well. The Subconmittee's oversight activities were supplemented by a General Accounting Office study, made at the joint request of the Subcommittee on Aging and the Senate Special Committee on Aging, of the establishment and operation of state and area agencies on aging through funds provided under the Older Americans Act.
Following the completion of hearings, the Subcommittee marked up a bill introduced by Senator Eagleton the Older Americans Amendments of 1975, which extended programs under Titles III, IV, V, and IX of the Act for an additional two years and which also directed that a study of age discrimination in federally supported programs be undertaken by the U.S. Coimuission on Civil Rights. The House of Representatives had previously passed a bill which extended these programs for four years and mandated the immediate issuance of enforceable regulations against age discrimination in federallyassisted programs by all departments and agencies of the Federal govenm ent.
lThereafter, the Eagleton bill was favorably reported by the full Committee on Labor and Public Welfare and adopted by the Senate as a substitute text for the House-passed bill. A conference with the House was requested.
The Senate-House conference committee that was convened to resolve differences in the separate versions of the bill passed by the two houses met on three occasions. On November 17, 1975, agreement was finally reached on a bill which(1) Extended programs under the Older Americans Act for three years and made a number of revisions in the law.
(2) Directed the Civil Rights Commission to conduct a study of age discrimination in federally-assisted programs, to be completed within eighteen months after enactment.
(3) Required all Federal departments and agencies to issue regulations, after the Civil Rights Commission study is completed, to, ban discrimination on account of age in the participation in, or receiptof benefits under, any federally- assisted program, except tli at such regulations may not cover employment practices and are not to be effective until January 1, 1979.
The conference report on the Older Americans Amendments of 1975 was approved by the House of Representatives by a, vote of 404 to 6 and by the Senate by a vote of 89 to 0. The bill was signed into, law by the President on November 28, 1975, as Public Law 94-135.
Tn addition to its work on the Older Americans Amendments of 19751 the Subcommittee on Azinz also held a hearing in Hyattsville, Maryland, on August 13, 1975, to consider problems of crimes directed against the elderly, and a hearing in Montpelier, Vermont, on December 13, 1975, to review activities under Older Americans Act pro.grams in the State of Vermont.
ALCOHOLISM AND NARCOTICS
Subcommittee on Alcoholism and Narcotics: William D.
Tie Subcommittee on Alcoholism and Narcotics was created in response to the growing problems of alcohol and drug abuse in American society. Its purpose is threefold: to examine the extent and impact of alcohol and drug abuse problems; to develop policies and programs of prevention at the Federal level; and to treat and rehabilitate those who are dependent on these chemical substances.
S. 1608, the Drug Abuse Office and Treatment Act Amendments of 1975, was introduced early in 1975 and hearings were held on March 24 and 25. After being reported by the Committee on Labor and Public Welfare, the bill was re-referred to the Government Operations Committee for that Committee's consideration of the provisions involving the separate drug abuse office in the Office of the President, called the Special Action Office for Drug Abuse Policy.
A new bill was reported jointly by the two Committees, S. 2017, on June 26, 1975. S. 2017, which incorporated the major provisions of S. 1608, was passed in the Senate by voice vote on June 26, 1975. Subsequently, S. 2017 was passed by the House with an amendment on September 11, 1975. Conferees were appointed on November 18, 1975, and the bill was awaiting conference at the end of the year.
The Subcommittee also has jurisdiction over the Comprehensive Alcohol Abuse and Alcoholism Treatment, Prevention and Rehabilitation Act of 1971, as amended in 1974. Authorizations under that Act expire at the end of Fiscal Year 1976, and consequently work began in the Subcommittee late in the year in preparation for renewal legislatiom with hearings scheduled for early in the Second Session.
In addition, the Subcommittee has jurisdiction over the Alcohol and Drug Abuse Education Act, the authorizations of which expire at the end of Fiscal Year 1977.
During the First Session of the 94th Congress, the Chairman of the Subcommittee, Senator Hathaway, embarked upon a combined ove sight/information gathering process designed to carry out the oversight functions of the Subcommittee and also to acquaint Senator Hathaway with the problems and issues of the field during his first year as Chairman.
Members and staff of the Subcommittee visited numerous alcoholism and drug abuse treatment programs in several cities, including Boston, Portland (Maine), Philadelphia, Chicago, New Haven, and various locations in South Carolina, Florida, and New Jersey. Meetings were held with administrators, personnel and clients in each case. in order to acquire knowledge of a broad range of problems in the field. More such visitations are planned for the Second Session.
In addition to site visitations, meetings were held with numerous groups from the alcoholism and drug abuse constituencies, address-ing groups in Maine, Florida and South Carolina, and meeting with. groups in various other locations.
In addition the Subcommittee carefully reviewed and strongly recommended against the Administration's now-perennial efforts-,to defund Federal alcoholism programs. The Committee on Appropr'iations accepted the proposal that alcoholism and drugr abuse funding be increased over the House-proposed level, and subsequently Congress approved an increase over that level.
In addition, close examination was begun into the effects of nonalcoholism laws on alcoholism programs (and similarly for drug abuse), with the result that Senator Hathaway offered several amendments to the Social Services law, Title XX of the Social Security Act, to make social services funding more responsive to thie needs of alcoholics and drug abusers. Those amendments were accepted by Congress and signed into law by the President on a temporary basis iii November. With the permission of Chairman Russell Longz, of the Senate Finance Committee, Senator Hathaway held hearings on the, question before the Subcommittee on Alcoholism and Narcotics on, December 17, and Congress is expected to approve the suggestion that the amendments be made permanent prior to their January 31,, 1975 expiration date.
Special Subcommittee on Human Resources: Alan Cranston, Chairman
The legislative responsibility of the Special Subcommittee on Human Resources includes the family planning services and population research programs authorized by title X of the Public Health Service Act and the domestic volunteer programs authorized by the Domestic Volunteer Act of 1973 carried out by the ACTION Agency.
In March 1975, S. 66, extending expiring authorities of the Public Health Service Act. was reported from the Committee on Labor and Public Welfare and passed by the Senate. On July 29. 1975. this Act was enacted into law as Public Law 94-63 after the Senate and the House each passed the bill subsequent to its veto by the President on July 26, 1975. Title II of that Act extends through FY 1977 the authorizations of appropriations in title X of the Public Health Service Act, Family Planning Services and Population Research.
The provisions of title II of P.L. 94-63 were drawn from the provisions of H.R. 14214, the Health Revenue Sharing and Health Services Act, pocket vetoed by the President after the 93rd Congress had adjourned. That Act would have extended the four title X authorizations of appropriations through fiscal year 1976. H.R. 14214 incorporated provisions of S. 1708, introduced by the Subcommittee Chairman on May 3. 1973, and reported from the Subcommittee on October 1, 1973. S. 1708. the proposed Family Planning Services and Population Research Amendments of 1973. also contained provisions to improve and tighten title X to reflect more clearly the original Congressional intent in the 91st Congress, and to ensure that programs could be implemented in accordance with this intent. Many of the provisions of S. 1708 reflected findings resulting from the extensive oversight hearings and activities of the Special Subcommittee during the 92nd Congress.
As a result of the pocket veto of H.R. 14214. the programs authorized by the Family Planning Services and Population Researchl Act of 1970 operated under a Continuing Resolution during fiscal year 1975 and for the first two quarters of fiscal year 1976.
During the 94th Congress the Subcommittee continued its review of the administrative reorganization of the Public Health Service and the effects of this reorganization on the administration of the Family Planning Services and Population Research Act. The SubconIunitie has sought to ensure that the D)eputy Assistant Secretary for Poputlation Affairs will retain direct line authority over the administration of programs under title X.
When reports from several localities brought to the Sub committee's attention in the 93rd Congress an apparently new policy. being acressively pursued by certain regional offices of the Department of lIealth,
Education, and Welfare, to consolidate all family planning project grants within a State into one grant to be administered through the State Health Depratment, several meetings were held with HEW officials, including the Assistant Secretary for Health, the Deputy Assistant Secretary for Population Affairs and his Deputy, and the Assistant Secretary for Legislation and his Deputy, to ensure that such a policy would not be arbitrarily imposed by the regional offices.
This approach was viewed as in direct opposition to the project grant approach authorized by the 1970 Act. Inherent in the project grant mechanism' is a reliance on community-based programs having strong representation of participants in policy-making positions, an approach which is essential in a program such as family planning which must be based on voluntarism. There was great concern that should consolidation of project grants be achieved and the programs be administered through centralized State offices, an unnecessary barrier would be placed between the administration of the program and the individuals it seeks to serve.
These meetings resulted in written assurance by HEW that in the future, prior to the final sign off in the, regional office on any grants ,)warded which would further consolidate family planning projects, the Regional Health Administrator would advise the Deputy Assistant Secretary of his plan to award a consolidated grant, giving the Office of Population Affairs the opportunity to review the decision and comment on it. (The Department stressed that the opportunity to review does not give authority to override the regional health administrator's decision prior to his sign off.) After a decision to consolidate Ly the regional HEW Health Administrator, the Deputy Assistant Secretary would continue to have the authority to override a consolidation when he determined it to be unwarranted.
The Subcommittee remained concerned, however, by the persistence with which the Administration has attempted to transfer administration of family planning services programs to, first, the regional offices, and, apparently thereafter, to the State. Thus, the close oversight of program administration has been continued in the 94th Congress to ensure successful implementation of the program in compliance with Congressional intent.
The Joint Explanatory Statement accompanying the Conference Report on H.R. 14214 in the 93rd Congress made clear the intent. of both Committees that "consolidation at the State level, and particularly through a State agency would place an unnecessary barrier between the administration of the program and the individuals it seeks to serve." The conferees expressly approved of the HEW written a.surances described above, which had been provided by the Department on this issue.
In the 94th Congress, this Congressional intent was restated by action of the conferees on S. 66 (P.L. 94-63) in agreeing to include a provision amending section 1001 (b) to direct the Secretary, by regulation, to assure the right of local and regional entities to apply for direct grants and contracts under that section.
During the first session of the 93rd Congress, national concern was aroused by allegations that Federally-sponsored programs were per-forming permanent sterilization procedures on individuals without the full and informed consent of the individual. The Subcommittee
dealt with the Office of the Deputy Assistant Secretary for Population Affairs and with the Secretary of HEW in an effort to protect individuals from any such violation of their rights. Although it had been ascertained that no programs receiving support from title X programs had been alleged to have coerced any individual to undergo a sterilization procedure, it became apparent that special protection should be clearly guaranteed through Departmental regulations and guidelines for all programs administered by the Department, including Medicaid and social services provided under titles XX and IV-A of the Social Security Act. The Chairman of the Special Subcommittee offered his suggestions and recommendations to the Department in extended and extensive discussions with various officials.
On February 6, 1974, these regulations were published but were held in abeyance pending a determination in the Relf/N.W.R.O. suit against the Department challenging the statutory authorization and constitutionality of the regulations. The Subcommittee Chairman again offered his suggestions and recommendations to the Secretarya number of which were accepted by the Department-to strengthen certain provisions in the regulations to guarantee full, informed and voluntary consent, to prevent exploitation of minors, to ensure the objectivity and sensitivity of the review committees which are established to protect the rights of the individual, and to promote uniformity and consistency between the Public Health Service Act (title X) and SRS regulations. The Subcommittee kept abreast of discussions between the Department and the plaintiff to reach an agreement on regulations that would be within the Department's statutory authority and be Constitutional. Oversight of this issue has also been continued in the 94th Congress, and the Subcommittee will continue its close scrutiny until an acceptable and fair resolution is reached.
As a further protection of the rights of individuals, a provision was included in Public Law 94-63 which would subject to criminal penalty (a fine of not more than $1,000 or imprisonment for not more than one year, or both) any officer or employee of the United States, or any officer or employee of any state, political subdivision of a state, or any other entity, which administers or supervises the administration of any program receiving Federal financial assistance or any individual who receives compensation for services under any program receiving Federal financial assistance, who coerces or endeavors to coerce any person to undergo an abortion or sterilization procedure by threatening such person with the loss of or disqualification for the receipt of any benefit or service under a program receiving Federal financial assistance.
Valuable information was developed by the Comptroller General of the United States in a study of Federally-assisted Family Planning Programs submitted to Congress in April 1975. The Subcommittee distributed the report to leaders in the field of family planning for their comments. Those comments together with the GAO report have been of assistance in the Subcommittee's continuing oversight... activities.
The Subcommittee has been following with concern reports of dangerous side effects and increases in risks associated with contraceptive use and has followed the response to these reports by HEW, and, in particular, the degree to which the Deputy Assistant Secretary for
Population Affairs has participated in action pursued by the Food and Drug Administration.
Other activities relating to title X programs took the form of testimony to the Labor-HEW Appropriations Subcommittee in which the Subcommittee Chairman, based on the oversight activities of the Subcommittee, recommended levels of funding for implementation of title X of the Public Health Service Act.
The oversight responsibility of the Special Subcommittee on Human Resources also includes the domestic volunteer service programs administered by the ACTION Agency-Volunteers in Service to America (VISTA), University Year for ACTION (UYA), Foster Grandparent Program, Retired Senior Volunteer Program (RSVP), and, until July of 1975, the Service Corps of Retired Executives (SCORE) and Active Corps of Executives (ACE) programs. In addition, the Agency administers a number of smaller, short-term demonstration programs to encourage domestic volunteer activity.
Enabling legislation for the Agency's domestic volunteer programs is contained in P.L. 93-113-the Domestic Volunteer Service Act of 19,73-which became law on October 1, 1973. The law originated with the introduction, in March of 1973, of S. 1148 by the Subcommittee Chairman and ranking minority member.
On May 20, 1975, the Subcommittee Chairman introduced S. 1789, a bill to amend the Domestic Volunteer Act of 1973 -and the Peace Corps Act to provide for an increase in the VISTA volunteer stipend and the Peace Corps volunteer readjustment allowance, respectively. He was joined in cosponsorship of the measure by the Chairman of the full Committee (Mr. Williams), the ranking majority member (Mr. Randolph), the ranking minority member (Mr. Javits), as well as Senators Mondale, Goldwater, Percy and Tunney.
These statutory end-of -service allowances, which are intended to support the volunteers during the transition period between the end of their volunteer service and their resettlement, had not been increased since the Peace Corps was established in 1961 and since VISTA was established as title VIII of the Economic Opportunity Act of 1964.
S. 1789 would have authorized an increase in the VISTA stipend from $50 per month to $75 per month, and the Peace Corps readjustment allowance from $75 per month to $115 per month. Corresponding increases were proposed for volunteer leaders. Also provided were protections against the use of program funds for the increases.
The Foreign Relations Committee of the Senate considered this legislation in conjunction with its consideration of the Peace Corps 1975 authorization legislation, and Senator Javits offered the proposal as an amendment to the 1975 Peace Corps Amendments. The proposal was subsequently agreed to by the full Senate, and enacted Into, law, with modification, on November 14, 1975, as part of P.L. 94-130. The Subcommittee will work for appropriations to achieve appropriate f funding for the authorized increases in these end-of-service allowances.
In H.R. 3922, the Older Americans Amendments, of 1975 (as enacted, P.L. 94-135), the Committee moved generally to strengthen the Older American Volunteer Programs (OAVP) administered by the ACTION Agency by expanding for two fiscal years beyond fiscal year 1976 the authorizations of appropriations for title II p-rograms of
the Domestic Volunteer Service Act of 1973. These programs are RSVP-the Retired Senior Volunteer Program, and the Foster Grandparent and Senior Companion Programs.
That Act further provided that the ACTION Agency shall designate in each of its State offices an "aging resource specialist" whose primary responsibility (devoting more than one-half of regular working hours) shall be to support programs carried out under title II of the Domestic Volunteer Service Act of 1973 and to seek to coordinate those programs with programs carried out under titles III and VII of the Older Americans Act of 1965 in the State or States served by the State offices involved.
The conferees in the Joint Explanatory Statement accompanying the conference report on H.R. 3922 directed the Director of the ACTION Agency to submit to the appropriate committees of the Congress, not later than 90 days after the enactment of the conference report, a list of the names and specific responsibilities of the employees designated as aging resource specialists. The conferees also directed the Director of the ACTION Agency and the Commissioner on Aging each to report annually on the effectiveness of this administrative arrangement in contributing to effective program implementation under the two Acts.
During the middle of 1975, two issues involving the Foster Grandparent Program arose. The first involved ACTION Agency's budget submission requesting a $2.357 million reduction in funding for the Foster Grandparent Program for fiscal year 1976. The second concerned the ACTION Agency's policy with respect to the ages of the children served by Foster Grandparents-the Agency was requiring termination of relationships once a "grandchild" reached the age of eighteen, arousing much concern on the part of the Foster Grandparents and the parents of mentally retarded youngsters to whom the Grandparents were assigned. (The law requires that Foster Grandparents work with "children", but does not further define this term.)
The Subcommittee Chairman responded to the first issue by presentinrg testimony to the Appropriations Committee requesting full funding of the Foster Grandparent Program, and significantly increased funding for the corollary Senior Companion Program, so that more adults could be extended the companionship afforded by these two programs. The Appropriations Committee responded wih a figure $4.357 million above the amount requested by the Administration for these two programs. This amount has been enacted in the Labor-HEW Appropriations Act for FY 1976.
With respect to the second issue, at the request of the Subcommittee Chairman, the Committee, in its report on H.R. 3922, the Older Americans Act Amendnments of 19),75 included language directing the ACTION Agency to revise its Foster Grandparent age-limitation policy. In conference with the House, it was added to include in the conference report joint explanatory statement (No. 94-670, pp. 49-52) further clarification of Congressional intent with respect to this issue. Basically, the policy settled on was to ensure that no one presently enrolled in the Foster Grandparent Program would have to drop out because of the age-limit policy; that no existing relationslips would be disrupted; and that the Agency would establish an administrative mechanism whereby the Foster d randparent Program
and the Senior Companion Program would complement each other,. so that those enrolled in the formed could transfer to the latter once the "grandchild" reached the age of 21 and was no longer eligible for Foster Grandparent service.
Also during this period, many volunteers in the SCORE program began expressing their wish to terminate the dual sponsorship of that program by the ACTION Agency and the Small Business Administration, and return to sole sponsorship by the SBA. In a survey of SCORE Chapters across the country, nearly 75% of the Chapters voted their preference to return to the SBA.
The Subcommittee Chairman met with members of the National SCORE Council on the matter, and agreed to, and subsequently did, urge both the Director of the ACTION Agency and the Administrator of the SBA to reach an expeditious resolution of the matter. Until the transfer of the program back to the Small Business Administration was effected in July, pursuant to an Executive Order signed on July 18, 1975, by President Ford, the Subcommittee followed the progress of the transfer negotiations, and kept in contact with both the Director and the Administrator in an attempt to ,assure that the, transfer was effected as smoothly as posssible so that the SCORE/ACE program would not suffer. The Subcommittee Chairman was particularly concerned that all related positions. prop)erty, and unexpended appropriations be turned over to the SBA in a way directly comparable to the transfer of the program from the SBA to the ACTION Agency in 1971.
During the first quarter of 1975, the Subcommiftee devoted much attention to the personnel situation at the ACTION Agency. In January, 86 ACTION Agency employees and former employees filed a formal complaint with the Civil Service Commission alleging, among other things, illegal political manipulation of the Agency personnel system. (A December 1975 report of the Commission's investigation into these and other matters substantiates most of these allegations. This will be discussed below.)
The filing of the petition came on the heels of an Agency reorganization--called "restructuring"-which had been announced in December of 1974. The reorganization was a principal issue in the employees' petition. The Subcommittee was concerned because the reorganization-which affected many of the signers of the aforementioned petition-were decided upon by the ArXjrepe at a time when vacancies existed in both the position of Associate Director for Domestic and Anti-Poverty Operations and of the Associate Director for International Onerations. No nominations had been submitted to the Senate by the President for either of these positions.
These maior reorganizations were decided upon, then, with only an interim "Acting" head of the Domestic and Anti-Povertv Onerations office and an interim "Acting" deputy head of the Offlce of International Operations. The Agency proceeded to implement the reorganizations despite the concerns expressed bv the Subcommittee ,ond by the Chairman of the Senate Labor-HEW Appropriations
Subcommittee and the Chairrm'n of the Houie En uql Op)portumi ties Subcommittee of the House Education and Labor Committee. The Subcommittee Chairman then wrote to the Civil Service Commission requesting an investigation of the reorganization as part of its overall inquiry into the Agency's personnel practices-an inquiry which the Subcommittee had previously requested.
Additional questions with respect to the Agency's intentions re-garding its employees were brought to the Subcommittee, specifically centered on the continuation of downgradings of Regional and Headquarters personnel and reports relating to the Agency's alleged use of "scores" rating the attitudes of employees who participated in staff training Institutes conducted for the Agency by a contractor. The Subcommittee continued in the early part of 1975 its investigation of this allegation, including the acquisition of sworn statements.
The Agency denied that any "scores" or ratings of employee "attitudes" were compiled, although the Director did admit that numerical scores "were computed with respect to each employee who attended the Institutes, showing that -employee's "rating" of the Institutes themselves. To try to resolve the matter-which also was raised as a principal issue in the ACTION Employees' petition to the Civil Service Commission-the Subcommittee Chairman again specifically requested the Commission to include the question of these "scores"' and the whole subject of the appropriateness of the Institutes in its ,continuing investigation of Agency personnel practices. (The Coinmiso' December 1975 report, described below, found no improper activities in connection with or arising from the Institutes.)
Members of the Subcommittee staff then met with Civil Service investigators to outline the various and interrelating aspects of the CSC reviews requested by the Subcommittee Chairman. The Subcomnmittee, Chairman subsequently wrote an extensive letter to Chairman Hampton reviewing the personnel difficulties at the ACTION Agency since its inception and requesting a thorough report on the
In December of 1975 the Civil Service Commission provided the Subcommittee Chairman with a copy of its "Report on Alleged Political Influence and Other Improprieties in Personnel Matters at ACTION".
Th ie Commission concluded that:
(1) From the Agency's creation in 1971 to early 1974 there was systematic political screenings of candidates for positions in violation of the Civil Service Rules and the Foreign Service Act of 1946, as amended;,
(2) In 1972 and 1974 records of political screening activities were destroyed or otherwise disposed of, andc that there is good reason to believe that in two instances the records were destroyed in order to avoid their being discovered during the Subcommittee's 1972 investigration and hearings; and
(3) The ACTION Institutes were a proper staff training and staff orientation activity, and that no evidence of improper personnel practices related to the Institutes were found.
The Commission has requested the Justice Department to consider 'Its findings, and the Subcommittee Chairman ill likewise urge the JTustice Department to take(, any appropriate actions with respect to these matters, especially the destruction of records.
Before the close of the year the Suibcommittee Chiairman was~ enortacted by a number of individuals wh-lo hatd been serving as3 ACTION AgYency volunteer recruiters under a Foreigrn Service Act authiority and were about to lose their jobs because their positions were being
converted to the Civil Service. The individuals, several of whom were former volunteers who had worked for the Agency for several, years, were unable to make sufficiently high scores on the PACE exam to be reached by the Agency on the Civil Service Register. The Chairman communicated to the ACTION Agency and to the Civil Service Commission his concern about this situation. The Civil Service Commission has now agreed to work with the Agency in administering"few-of-a-kind" examinations-which do not consist of written exams-f or those recruiters involved.
ARTS AND HUMANITIES
Special Subcommittee on Arts and Humanities: Claiborne Pell, Chairman
During the first session of the 94th Congress the Special Subcommittee on Arts and Humanities prepared comprehensive reauthorization legislation for the Nationial Foundation on the Arts and the Humanities. Authorization for the Foundation, established in 1965, is due to expire at the close of the current fiscal year.
The new legislation would extend the arts and humanities program for up to an additional four fiscal years. Hearings were held on November 12, 13, and 14, 19715, jointly with the Select Subcommittee on Education of the House of Representatives, in keeping with past traditions of close cooperation between Senate and House on this legislation. Emphasis is placed in the pending legislation on added help for the nation's museums and on providing State-based Humanities programs similar in concept to the successful State arts councils inaugurated in 1965. Under consideration at the close of 1975 were three bills: S. 1800 (except for Part B of Title II, for which see below) introduced by Senator Pell and cosponsored by Senator Javits; S. 1809 introduced by Senator Javits and cosponsored by Senator Pell; and 5. 2569 introduced by Senator H~athaway and dealing specifically with museum assistance.
On June 4, 1975, the Subcommitttee held hearings on Part B of Title 11 of 5. 1800. This Part, cited as the "Arts and Artifacts Indemnity Act," provides indemnities for exhibitions of artistic and humanistic endeavors and is aimed at encouraging international cultural exchange. The concept of overall generic legislation in this area was considered a logical sequel to enactment of P. L. 93-476, which the Subcommittee helped develop during the 93rd Congress and which provided for one-time insurance coverage fox' the 1974-75 United States/USSR art exchange.
On July 25, 1975, the above, legislation was passed by the Senate. On December 1, the Senate bill, slightly amended, was passed by the House. On December 4, the Senate agreed to the House amendments, and on December 20, the new general legislation was signed into law by the President.
The Subcommittee continued its oversight activities with the National Endowment for the Arts and the National Endowment for the Humanities. Particular attention was given to the working out of improved relationships between the Arts Endowment and the Americani Film Institute.
As in the past, the Subcommittee was frequently called upon for advice in matters relating to federal and State support for programs in the arts and humanities. An example:- Near the close of the first session, the Conress approved legislation creating a new Center for
the encouragement of folk art within the Library of Congress. While this legislation came before the Subcommittee on the Library of the Senate Rules Committee for consideration, the Special Subcommittee on Arts and Humanities was consulted on these matters and provided cooperative, assistance.
The Subcommittee plans to complete preparation of the reauthorization legislation for the National Foundation on the Arts and the Humanities early in the second session of the 94th CongTess, so that it may be considered by the full Committee as soon as may be possible.
During this session the Subcommittee will continue its oversight activities with respect to the Foundation and its two Endowments. Such activities will involve work related to: The preparation and implementation of guidelines for the Arts and Artifacts indemnity program; the coordination of efforts to improve federal encouragement of folk arts, these art forms indigenous to our country's heritage; and to the development of broader and more representative State programs in the Humanities.
In addition, the Subcommittee is aware of some congressional interest in extending the Bicentennial beyond 1976, so that better focus can be placed on f ture historic events as they relate to our history and democratic principles. The Subcommittee will provide appropriate help in this area. A special photographic and film portrait of the United States is another Bicentennial-related concept, introduced legislatively. The Subcommittee will be addressing attention to these matters.
NATIONAL SCIENCE FOUNDATION
Special Subcommittee on the National Science Foundation:
Edward M. Kennedy, Chairman
The jurisdiction of the Subcommittee on the National Science Foundation includes the consideration of legislation and the conduct of oversight activities on issues affecting: (1) The National Science Foundation; (2) national science policy and the scientific research and development programs of federal agencies, and (3) the activities and responsibilities of the President's Science Adviser.
Hearings on S. 1539, S. 1478, and H.R. 4723, authorizing appropriations for the National Science Foundation for fiscal 1976, were held on March 14,1975, and on April 21,1975. On April 30,1975, the Subcommittee met in Executive- Session and ordered S. 1539, as amended, reported to the Full Committee. On May 6, 1975, the Full Committee unanimously ordered S. 1539 as amended reported favorably to the Senate. H.R. 4723 was reported without recommendation. On May 13, 1975, S. 1539 was -unanimously approved by the Senate and its provisions were substituted for the text of H.R. 4723, authorizing appropriations for the National Science Foundation. Following a conference with the House of Representatives, H.R. 4723 received final approval by the Congress on August 1, 1975, and was enacted into law on August 9,1975 (P.L. 94-86). The fiscal year 1976 authorization of $787,000,000, plus $4,000,000 in excess foreign currencies, will permit the National Science Foundation to continue to provide essential support for basic research in the science disciplines, for research focused on problems of national concern. Funding for science education and support necessary to sustain the science education and research roles of academic institutions, is also provided.
On October 28, 1975, November 4, 1975, and November 12, 19751 joint hearings were held by the Subcommittee, the Senate Commerce Committee and the Senate Aeronautical and Space Sciences Comm ittee on S. 32, S. 1987, and H.R. 10230.
The legislation is designed to meet the Nation's need for comprehensiNTe national policies for science, and technology, and to establish by statute a White House Office of Science, Engineering, and Technology Policy whose Director will serve as Science Adviser to the President.
On June 6, 1975 the Subcommittee held a White House Science Advisory Conference. The Conference provided impetus and background for the legislation developed in subsequent he.--trings. The Vice, President and members of the Senate Commerce a.nd Aeronautical and Space Sciences Committees joined in the Subcominittee in the Conference, which was an informal, bipartisan discussion of national policy needs. Proceedings of the ConTerence were published as a Committee Print in July of 19 75.
'The review of the National Science Foundation's Research Applied to National Needs program (RANN) begun by the General Accountin-a Office in October of 1973 at the request of the Subcommittee Chairman was submitted on November 5, 1975. The Report will be used to assist the Subcommittee in its consideration of authorizations for the RANN program for fiscal year 1977.
The study undertaken by the Library of Congress into the Federal Government's science information systems at the request of the Subcommittee Chairman was completed and issued as a Committee Print in July. of 1975. The Subcommittee is now gathering recommendations for action based on the findings of the study from those persons engaged in -all parts of the scientific and technical information process.
ACTIVITIES OF THE COMMITTEE ON LABOR AND PUBLIC
WELFARE, 94TH CONGRESS, IST SESS.
Referred to Committee --------- ---------------------------------------- 494
Reported to Senate --------------------------------------------------- 258
Confirmed by Senate -------------------------------------------------- 20-8
Withdrawn (by White House or personal request) -------------------- 2
Returned to President (pursuant to Rule XXXVIII of Senate) ---------- 234
Executive/reports --------------------------------------------------- 183
Presidential messages ------------------------------------------------ 38
Proposed legislation ------------------------------------------------- 93
Memorials, petitions, and non-Federal resolutions ---------------------- 80
Total ----------------- --------------------------------------- 394
13ILLS AND RESOLUTIONS
Senate bills and joint resolutions ------------------------------------- 255
Senate resolutions and concurrent resolutions -------------------------- 20
House-passed bills, joint resolutions, and concurrent resolutions -------- 21
Total --------------------------------------------------------- 296
HEARING DAYS HELD
In Washington, D.C ---------------------------------------------- 7
Out of town ------------------------------------------------------ 6
In Washington, D.C ---------------------------------------------- 124
Out of town ----------------------------------------------------- 7
Total --------------------------------------------------------- 144
Full Committee --------------- --------------------------------------- 15
Subcommittees ------------------------------------------------------- 11
Conference sessions --------------------------------------------------- 17
Total --------------------------------------------------------- 43
REPORTED TO THE SENATE
Senate bills and joint resolutions -------------------------------------- 21
House-passed bills ---------------------------------------------------- 6
Senate resolutions and concurrent resolutions -------------------------- 1
Total --------------------------------------------------------- 28
Public laws ---------------------------------------------------------- 10
Vetoed -------------------------------------------------------------- 2
Presidential vetoes overridden. and enacted into laN% ----------------------- I
"Tneluding bills acted on upon introduction -and Senate and House bills taken from the calendar or de-k.
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