ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS

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CIA-RDP61-00357R000300030071-5
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January 14, 2004
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71
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Publication Date: 
September 16, 1959
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_.. 17408 Approved For Release 2004/02/03 : CIA-RDP61-00357R000300030071-5 CONGRESSIONAL RECORD - SENATE September 16 fires the employees to whom his message is addressed. It reads as follows: ATCHISON, July 30, 1959. All Section Foremen Effingham to Concordia: Each of you wire your U.S. Senator with the wire to read as follows: "Refer to Senate bill 1425: Missouri Pacific Railroad has pro- gressively improved the safety and operation of motorcars until they now have adequate protection. Urge you to vote against this bill." Wire your Senator the message above in a.m. July 31, and send it Western Union. Pay for your Western Union and I will refund your money. Send Mr. C. L. Christy a copy of the Western Union message. E. L. MULLENNIX. This message speaks for itself. There is no request made here, nor no explanation of the issues involved. It seems to be simply an order to all the foremen under him to send a specific wire to their Senator, to pay for it out of their own pockets and then get a refund. As my next example, I have in my pos- session a copy of a letter from an official of one of the railway brotherhoods. This letter, dated August 5, 1959, reads in part as fol- lows : "I am sorry to advise you of what hap- pened yesterday. I went in my roadmaster's office as usual. He had received a stack of telegrams all filled out. He handed them to me, asked me to read and sign one. After reading one I gave them back and told him I could not sign it. "It was in regard to Senator MAGNUSON'S bill, S, 1425, to amend the Interstate Com- merce Act to provide protection for railroad employees by regulating the use of track motorcars and other self-propelled equip- ment. - My roadmaster went north. on motorcar, his driver told me every man signed one of the telegrams. They were told that if the bill passed the company would have to put a conductor on every motorcar. "Another roadmaster went south out of here. From what I can learn all of his fore- mans signed one. The message stated that we had sufficient motorcar protection." This occurred on a railroad operating in the State of the cosponsor of this measure in the House. I am confident that Chairman HARRIS is not going to be intimated or mis- led by this, but since many other of the Members of the Senate and House no doubt have received telegrams produced in this way, I want the Congress to be fully aware of the nature of their origin so that they may be appraised accordingly. As my final exhibit at this time I include here the text of a letter signed by two road- masters and one B. & B. supervisor and ad- dressed to all foremen under their super- vision on the Union Pacific Railroad. This letter, also couched in the form or an order, reads as follows: HINKLE, August 12, 1959. To All Foreman: Received the following mailgram from Mr. R.E. Haacke: "There is now pending in Congress, Sen- ate bill S. 1425, which would require all track motorcars to be operated by train orders under the jurisdiction of and in ac- cordance with rules established, by the in- terstate Commerce Commission. "All of us who are familiar with motor- car operations can readily see the tremen- dous complications involved in attempting to operate motorcars under positive train orders. In effect, this would make it very impractical or almost impossible to get from one point to the other on a motorcar as all of our gangs would be spending more of their time getting train orders and getting to and from points of work under these train orders than they would in actual per- formance of their work. "The practical effect would probably be that we would have to discontinue the oper- ation of all or most section gangs as they now exist and perform our track mainte- nance work with roving extra gangs, such as some other railroads are already doing. "If this Senate bill 1425 is passed, we should bear in mind that none of our motor- car operators are presently qualified to take train orders, as would be necessary for them to do at outlying points under the require- ments of this legislation. It is doubtful whether very many of our motorcar opera- tors could pass the necessary examination on operating rules to permit them to copy train orders. As a result many of them would no doubt be disqualified if they could not pass this examination on the operating rules." I am sure that each of you realize just what effect passage of this legislation would have on your jobs. I feel, therefore, that tlVs matter should he brought to the attention of 'the men under your supervision so they can write to their Senators and Congressmen expressing opposition to Senate bill S. 1426. Want each of you to discuss this matter with your men and urge them to write letters opposing passage of this bill. W. H. Cos&sovE. O. E. RAYBURN. C. M. WISEMILLER. (The bill does not contemplate "train orders" as such. It prescribes that the ICC make reasonable rules. If it floes it can be changed after hearings to emphasize only the safety measures.) The pocket list of railroad officials shows that Mr. It. E. Haacke is resident engineer of the Union Pacific Railroad at Portland, Oreg. Remembering that all of these officials have the power to hire and fire their subordinates, the reference to loss of jobs if S. 1425 should become law clearly has some overtones here and, I am informed, has caused real concern among railroad employees on this division. The question may naturally arise in the minds of many of you after getting telegrams of this kind as to whether or not the rail- road workers really want this legislation. While on the surface it should be apparent that they would favor any step to out down the horrible and steadily increasing loss of life and injuries which they are sustaining because of the present lack of such pro- tection, I want the record to be absolutely clear on this point. Here is the text of a statement I have been authorized to insert on behalf of all of the 23 standard railway labor organizations affiliated with the Rail- way Labor Executives' Association: "Railroad labor is strongly supporting S. 1425 and H.R. 2487 to give the Interstate Commerce Commission authority to estab- lish rules and regulations for the safe opera- tion of track motorcars and other self- propelled equipment. This legislation is needed promptly to check the alarming rise in the death and injury rate to railroad workers using this type of equipment. We urge its immediate enactment. "A. E. LYON, "Executive Secretary, "Railway Labor Executives' Association." ADVISORY COMMISSION ON INTER- GOVERNMENTAL RELATIONS The Senate resumed the consideration of the bill (S. 2026) to establish an Ad- visory Commission on Intergovernment- al Relations, Mr. JOHNSON of Texas. Mr. Presi- dent, what is the pending business? The PRESIDING OFFICER. The bill before the Senate is S. 2026, to establish an Advisory Commission on Intergov- ernmental Relations. Mr. JOHNSON of Texas. Mr. Presi- dent, I yield the floor, so that the Sen- ator from Maine may make a statement. The PRESIDING OIWZR . f'he Senator from Maine is re-IM' Mr. MUSKIE. Mr. P1 e5 dept .If 6904 is on the calendar, arC len e' No. The bill is designed to estak j an Advisory Commission on mental Relations. This pid4 esjesla- tion is the culmination of a lortg,] istorY of efforts to study, evav to Jtn- prove the relationships yogi- ous levels of governmentXig cyst em. on three levels, and that tij interiela tionships of these three lev U_are of such importance to the effective functioning of the system as to justify and to re- quire continuing attention by an agency representative of all three levels of gov- ernment. Mr. President, I will briefly describe the purposes of the Commission and its organization. The Commission would have seven basic purposes: First, To bring together representa- tives of the Federal, State, and local gov- ernments for the consideration of com- mon problems. Second. To provide a forum for dis- cussing the administration and coordi- nation of Federal grant and other pro- grams requiring intergovernmental coop- eration. Third. To give critical attention to the conditions and controls involved in the administration of Federal grant pro- grams. Fourth. To make available techi)ical assistance to the executive and legisla tive branches of the Federal Governme?'?,ely ry in the review of proposed legislation a determine its overall effect on the. Fe eral system. W' Fifth. To encourage discussion ai ion, study at an early stage of emerging put. >m' lie problems that are likely to requi.- fed intergovernmental cooperation. >ro- Sixth. To recommend, within thi we framework of the Constitution, the most per. desirable allocation of governmental` Lis- functions, responsibilities, and revenues among the several levels of government. Seventh. To recommend methods of coordinating and simplifying tax laws and administrative practices to achieve a more orderly and less competitive fis- cal relationship between the levels of government and to reduce the burden of compliance for taxpayers. The Commission which would be cre- ated by the proposed legislation Would be intergovernmental in its makeup. - It would consist of 27 members, to be ap- pointed as follows: Six to be appointed by the President of the United States, three of whom shall be officers of the executive branch of the Government, and three private citizens, all of whom shall have had experience or familiarity with relations between the levels of government, Three to be appointed by the President of the Senate, who shall be Members of the Senate. -50 Be, he. IV fed its, aid in :fits ,nd- sure the ,ssed even is to The ierv- tire- salth Gov- -d in pro- se in utive z. 11 wil' This on of ,f hare of th legis woul Approved For Release 2004/02/03 : CIA-RDP61-00357R000300030071-5 Approved For Release 2004/02/03 : CIA-RDP61-00357R000300030071-5 ,,,; 7-to bring to the Senate a bill upon which there was general agreement by all con- cerned, with one exception. The sole objector was the administra- tion, which opposed the bill primarily on Cho basis of its cost. Certain self-ap- 1 inted spokesmen for the administra- ,cn raised a great smokescreen of op- po vition, but underneath it all was the matter of cost. This widespread and general agree- ment on the Senate bill did not just hap- pen. It was the result of long, hard, in- telligent, and dedicated work. The Subcommittee on Health Insur- ance of the Senate Committee on Post Office and Civil Service held many long days of hearings. The committee staff met day after day with representatives of industry and employee groups. Prob- lem after problem was worked out and difference of views reconciled. Finally, out of all this effort, there emerged a bill which merited the support of all con- cerned. I think it fair to say that except for this great effort in the Senate we would not today stand on the verge of seeing enacted a health benefits program for Federal employees. The administration tried and failed over a 5-year period to reconcile the many differences that existed. When the Senate took hold of the matter this year, the prospects of success did not seem bright. But to- day we are only hours away from. seeing enacted into law a progressive health benefits bill for our Federal workers and their families. When the Senate bill was received in the House, extensive hearings were held by that body. A great amount of favor- able testimony was heard. Again the only opposition to the bill was that voiced by the administration. Again the opposition as based on cost. The House bowed to the position of the administration and reduced benefits under the bill by some 30 to 35 percent. In other words, the cost of benefits to be provided by the bill was reduced from slightly over $300 million a year to some $214 million a year. Fortunately, how- ever, the basic principles of the Senate bill were retained, and with adoption of the amendments I have offered, the bill will be a good one. Mr. President, there are some things that have occurred in connection with this measure that I regret. First of all, there has been an unusual amount of lobbying by some persons within the administration. The unusual interest and the unusual steps taken by them have been of some concern 'to me. For this reason I wish to make it known that I propose to watch the administration of this measure very, very cerefully. Secondly, I regret that when the bill was under consideration in the House, some Members of the House referred to the Senate measure in derogatory and slighting terms. It was referred to as ')eing misleading, false, and confusing. f'or example, the ranking minority member on the committee stated: We have had ample evidence that Gov- xment employees and the general public re being completely misled as to the scope and nature of benefits to be provided under this bill. The proposed committee amendment now before the House removes any possibility of misinterpretation. Frankly, I think this and similar statements were ill advised. I think it regrettable that measures of this kind be discussed in such terms. Mr. President, the amendments I have offered are designed to clarify the bill in several respects and restore to the bill a previously approved Senate pro- vision in a slightly different version in still another respect. The first amend- ment clarifies the bill to make clear that the price figures established in the bill by the house apply to the purchase of health benefits and do not include aux- iliary costs such as those for reserves and administrative expenses. The second amendment is designed to make clear that both Government and employees will share these auxiliary costs in addition to sharing the cost of the health benefits purchased. The third amendment makes pro- vision for a Director of Retirement and Insurance. The committee expressed the belief that there shall be consolidated organizationally all of the Commission's responsibilities in the related fields of retirement and life insurance, as well as health benefits, and we have been as- sured that the Commission contemplates taking such a step. In order to insure that the Civil Serv- ice Commission will be able to obtain the necessary high caliber of person to administer these programs, the legis- lation makes provision for a grade 18 position which is earmarked for this function. The committee is also of the belief that the salary of the Executive Director of the Commission should be changed ade- quately to reflect the nature of that posi- tion. The amendment sets this salary at $19,000 per annum. Mr. President, the list of those who have contributed greatly to this measure is long, Iwould like to express my grati- tude particularly to the distinguished junior Senator from Oregon [Mr. NEU- BERGERI, who served as Chairman of the Insurance Subcommittee, and to the other members of that committee, Sena- tors YARBOROUGH, JORDAN, CARLSON, and MORTON, all of whom devoted much time and thought to working out a satisfac- tory bill. In all my service in the Sen- ate, I have never known a group to work harder and with greater dedication to duty than did this subcommittee. They deserve the commendation of every Fed- eral employee for their fine work in con- nection with this bill. The committee was fortunate indeed to receive a great deal of expert tech- nical advice and assistance from out- standing leaders in the field of health programs. Particularly helpful was Mr. J. Douglas Colman, vice president of the Blue Cross Association. I do not know what the committee would have done without his able advice and assistance. I wish to express my personal apprecia- tion to him and to all who contributed to the preparation and enactment of this fine measure. I am confident our over 17407 2 million Federal employees and their families will always be grateful. Mr. CARLSON. Mr. President, I wish to say that following the passage of this bill through the Senate, and the bill was passed by the House and amended by the House, I have been willing to accept the House amendments to the bill in the hope we would get early action, because this is a piece of legislation which is im- portant to the Federal civil workers of this Nation. Since that time our chairman has worked out two amendments, which I un- derstand are at the desk, and which I hope we accept at the present time. I shall not oppose those amendments be- cause I think, as they have been written, the Bureau of the Budget, the chairman of the Civil Service Commission, and the House will accept them and that this bill will be enacted into law. I had prepared a statement I expected to use urging action without sending the bill back for concurrence, because I real- ize at this late stage in a legislative ses- sion one objection can send the bill to the Rules Committee and, following past history, the Rules Committee may not act as hastily as we would like them to. I am willing to take a chance today, and I support the amendments the Com- mittee chairman has submitted, and urge the House to accept them. I ask to insert in the RECORD as part of my remarks a statement I expected to make in respect to the bill as it came over of this body from the House. There being no objection, the state- ment was ordered to be printed in the RECORD, as follows: STATEMENT BY SENATOR CARLSON On July 16, a little more than a month ago, the Senate passed S. 2162 which would pro- vide health insurance for Federal employees with a landslide majority of 81 to 4. Since then the appropriate committee, of the other body has held extensive hearings, has modi- fied the bill in certain respects, and on Aug- ust 18 reported it unanimously to the House. Just a few days ago the bill, as modified, was passed by the other body with a majority comparable to that it received in the Senate. I know of no legislative measure in this Congress of so much Importance to so many people that has had the overwhelming ap- proval this bill has received in both bodies. The legislation as referred to us now has the whole-hearted endorsement and enthusiastic support of all of the employee organizations and is acceptable to the Civil Service Com- mission and the administration generally. The organizations which would serve as car- riers under the bill have expressed their be- lief that it provides the basis for a workable program and that they are in accord with it. I have pointed out that the bill has been modified in certain respects since it passed the Senate. The most numerous changes have been language changes of a technical and clarifying nature; these have no effect on the substance of the bill but will serve to avoid inequities to employees and unneces- sary complexity of administration. A few changes have been made in the substance of S. 2162 as it passed the Senate, but with one exception these will merely serve to fix responsibility more clearly on the Civil Service Commission as the agency which will have responsibility for admin- istration of the health benefits program. These changes will have no adverse effect on the benefits to be provided in the bill as they affect the vast body of Federal employees and Approved For Release 2004/02/03 : CIA-RDP61-00357R000300030071-5 17404 Approved For Release 2004/02/03 : CIA-RDP61-00357R000300030071-5 -CONGRESSIONAL RECORD - SENATE Septem.bei.- other refunds made by a plan shall be credited to its contingency reserve. The con- tingency reserves may be used to defray in- creases in future rates, or may be applied to reduce the contributions, of employees and the Government to, or to increase the bene- fits provided by, the plan from which such reserves are derived, as the Commission shall from time to time determine. (c) The Secretary of the Treasury is authorized to invest and reinvest any of the moneys in the Fund in interest-bearing ob- ligations of the United States and to sell such obligations of the United States for the purposes of the Fund. The interest on and the proceeds from the sale of any such obligations shall become a part of the Fund: ADMINISTRATIVE EXPENSES SEC. 9. (a) There are hereby authorized to be expended from the Employees' Life In- surance Fund, without regard to limitations on expenditures from that Fund, for the fiscal years 1960 and 1961, such sums as may be necessary to pay administrative expenses Incurred by the Commission in carrying out the health benefits provisions of this Act. Reimbursements to the Employees' Life In- surance Fund for sums so expended, together with interest at a rate to be determined by the Secretary of the Treasury, shall be made from the Employees Health Benefits Fund. (b) The Employees Health Benefits Fund Is hereby made available (1) to reimburse the Employees' Life Insurance Fund for sums expended by the Commission in administer- ing the provisions of this Act for the fiscal years 1960 and 1961 and (2), within such limitations as may be specified annually by the Congress, to pay such expenses for sub- sequent fiscal years. ADMINISTRATION SEC. 10. (a) The Commission is authorized to promulgate such regulations as may be necessary to carry out the provisions of this Act: (b) Regulations of the Commission shall include regulations with respect to the be- ginning and ending dates of coverage of employees and annuitants and members of their families under health benefits plans, and for such purpose may permit such coverage to continue, exclusive of the tem- porary extension of coverage described In section 6(f), until the end of the pay period in which an employee is separated from service or until the end of the month In which an annuitant ceases to be entitled to annuity, and in case of the death of such employee or annuitant may permit a tem- porary extension of the coverage of the members of his family for a period not to exceed ninety days. (c) Any employee enrolled in a plan un- der this Act who is removed or suspended without pay and later reinstated or restored to duty on the ground that such removal or suspension was unjustified or unwar- ranted shall not be deprived of coverage or benefits for the interim but shall have his coverage restored to the same extent and effect as though such removal or suspension had not taken place, and appropriate ad- justments shall be made in premiums, sub- scription charges, contributions, and claims. (d) The Commission shall make available to each employee eligible to enroll in a health benefits plan under this Act such information, in a form acceptable to the Commission after consultation with the carrier, as may be necessary to enable such employee to exercise an informed choice among the types of plans referred to in sec- tion 4. Each employee enrolled in such a health benefits plan shall be issued an appro- priate document setting forth or summariz. ing the services or benefits (including maxi- mums, limitations, and exclusions), to which the employee, or the employee and members of his family, are entitled thereunder, the procedure for obtaining benefits, and the principal provisions of the plan affecting the employee or members of his family. STUDIES, REPORTS, AND AUDITS SEC. ii. (a) The Commission shall make a, continuing study of the operation and ad- ministration of this Act, including surveys and reports on health benefits plans avail- able to employees and on the experience of such plans. (b) The Commission shall include provi- sions in contracts with carriers which would require carriers to (1) furnish such reason. able reports as the Commission determines to be necessary to enable it to carry out its functions under this Act, and (2) permit the Commission and representatives of the General Accounting Office to examine rec- ords of the carriers as may be necessary to carry out the purposes of this Act. (c) Each Government department, agency, and independent establishment shall keep such records, make such certifications, and furnish the Commission with such informa- tion and reports as may be necessary to en- able the Commission to carry out its func- tions under this Act. REPORTS TO CONGRESS SEC. 12. The Commission shall transmit to the Congress annually a report concerning the operation of this Act. ADVISORY COMMITTEE SEC. 13. The Chairman of the Commission shall appoint a committee composed of five members who shall serve without compensa. tion, to advise the Commission regarding matters of concern to employees under this Act. Each member of such committee shall be an employee enrolled under this Act or an elected officer of an employee organiza- tion. JURISDICTION Or COURTS SEC. 14. The district courts of the United States shall have original jurisdiction, con- current with the Court of Claims, of any civil action or claim against the United States founded upon this Act. EFFECTIVE DATE SEC. 15. The provisions of this Act relat- ing to the enrollment of employees and an- nuitants in health benefits plans and the withholding and payment of contributions shall take effect on the first day of the first pay period which begins on or after July 1, 1960. Mr. JOHNSTON of South Carolina. Mr. President, I send to the desk my mo- tion that the Senate agree to the amend- ment of the House with two amendments of the Senate. These two amendments are amendments which the Senate, prac- tically word for word, agreed to when we had the bill before us. I understand there is a possibility that the House will agree to them. If the House does agree to them, that will save the necessity of aving a conference on the health bill. The PRESIDING OFFICER. The mo- ion of the Senator from South Carolina ill be stated. The LEGISLATIVE CLERK. Mr. JOHN- TON of South Carolina makes the fol- owing motion: I move that the Senate agree to the House mendment to S. 2162, the Federal Employees ealth Benefits Act of 1959 with the follow- ig amendments: (1) In lieu of subsection (a) of section 7 :[ the House amendment insert the follow fig: "(a) (1) Except as provided in paragraph 2) of this subsection, the Government con- ribution for health benefits for employees r annuitants enrolled in health benefits triouclons requirea oy paragrapn (s), sna be 50 per centum of the lowest rates chargi by a carrier for a level of benefits offered by plan under paragraph (1) or paragraph of section 4, but (A) not less than $1.25 more than $1.75 biweekly for an employee annuitant who is enrolled for self alone, not less than $3 or more than $4.25 blwee for an employee or annuitant who is rolled for self and family (other than provided in clause (C) of this paragrap and (C) not less than $1.75 or more t1 $2.60 biweekly for a female employee or, nuitant enrolled for self and family fuel ing a nondependent husband.. "(2) For an employee or annuitant, i rolled in a plan described under sectio 1 (3) or (4) for which the biweekly subsc tion charge Is less than $2.50 for an ployee or annuitant enrolled for self alori $6 for an employee or annuitant enrolled self and family, the contribution of the C f erriment shall be 50 per centum of r subscription charge, except that if a r, dependent husband is a member of family of a female employee or annui; who is enrolled for herself and family contribution of the Government shall b per centum of such subscription charge "(3) There shall be withheld from the, ary of each enrolled employee and the nuity of each enrolled annuitant, and shall be contributed by the Governn amounts (in the same ratio as the cm butions of such employee or annuitant- t, the Government under paragraphs (1)- (2) ) which are necessary for the adminf- tive costs and the reserves provided fC, fi section 8(b). "(4) There shall be withheld from the u ary of each enrolled employee or annu" fl each enrolled annuitant so much as is, u essary, after deducting the contributid the Government, to pay the total charge his enrollment. The amount withheld f, the annuity of an annuitant shall be e to the amount withheld from the salar a an employee when both are enrolled in same plan providing the same health bi eats." (2) After section 13 of the House ame v ment insert a new section 14 as follows v renumber sections 14 and 15 as 15 and r' respectively: c "SEC. 14. (a) The Chairman of the Cc. l mission is authorized to appoint in grade c f the General Schedule of the Classifleat I ct of 1949, as amended, an officer who sl: ave such functions and duties with resp' 8 o retirement, life insurance, and heal I enefits programs as the Commission sh rescribe. Such positions shall be in at I ition to the number of positions otherwt I uthorized by law to be placed in such grad "(b) The rate of basic compensation of tI xecutive Director of the United States Civ: ervice Commission shall be $19,000 pe: nnum." Mr. JOHNSTON of South Carolina. Mr. President, on July 16, 1959, the Sen- ate, by a vote of 81 to 4, passed S. 2162, the Federal Employees' Health Benefits Act. The bill, which passed the Senate on that date, was the product of over 10 years' legislative effort. The first bill to provide a health benefits program for Federal employees was introduced in 1947. Efforts to obtain legislation failed time after time because of deep-rooted disagreements between and among insur- ance companies, Blue Cross-Blue Shield, those providing medical services and hospital facilities, and even employee groups themselves. In the light of this background, it gave me a great deal of satisfaction to be able Approved For Release 2004/02/03 : CIA-RDP61-00357R000300030071-5 Approved For Release 2004/02/03 : CIA-RDP61-00357R000300030071-5 CONGRESSIONAL RECORD - SENATE (B) ho 'RACTICE PREPAYMENT PLANS.-I', l-practice prepayment plans which b41' health services in whole or substantial part on a prepaid basis, with professional services thereunder provided by individual phyiscians who agree, under cer- tain conditions approved by the Commis- sion, to accept the payments provided by the plans as full payment for covered services rendered by them including, in addition to in-hospital services, general care rendered in their offices and the patients' homes, out-of- hospital diagnostic procedures, and preven- tive care, and which plans are offered by .rganizations which have successfully oper- ated such plans prior to approval by the 7ommission of the plan in which employees nay enroll. TYPES OF BENEFITS SEC. 5. The benefits to be provided under glans described in section 4 may be of the ollowing types: (1) SERVICE BENEFIT PLAN.- (A) Hospital benefits. (B) Surgical benefits. (C) In-hospital medical benefits. (D) Ambulatory patient benefits. (E) Supplemental benefits. (F) Obstetrical benefits. (2) INDEMNITY BENEFIT PLAN.- (A) Hospital care. (B) Surgical care and treatment. (C) Medical care and treatment. (D) Obstetrical benefits. (E) Prescribed drugs, medicines, and pros- 'Ietic devices. (F) Other medical supplies and services. (3) EMPLOYEE ORGANIZATION PLANS.-Bene- ts of the types specified in this section uder paragraph (1) or (2) or both. (4) COMPREHENSIVE MEDICAL PLANS.-Bene- ls of the types specified in this section uder paragraph (1) or (2) or both. All plans contracted for under paragraphs I ) and (2) shall include benefits both for )St.% associated with care in a general hos- ital and for other health service costs of catastrophic nature. CONTRACTING AUTHORITY SEc. 6. (a) The Commission is authorized, Fithout regard to section 3709 of the Re- ised statutes or any other provision of law Squiring competitive bidding, to enter into ontracts with qualified carriers offering tans described in section 4. Each such ontract shall be for a uniform term of at east one year, but may be made automati- :ally renewable from term to term in the Cbsence of notice of termination by either )arty. (h) (1) To be eligible as the carrier for the Sian described in section 4(2), a company must be licensed to issue group health in- surance in all the States of the United States and the District of Columbia. (2) Each contract for a plan described in paragraph (1) or (2) of section 4 shall require the carrier- (A) to reinsure with such other compa- nies as may elect to participate, in accord- ance with an equitable formula based on the total amount of their group health in- surance benefit payments in the United States during the latest year for which such information is available, to be determined by the carrier and approved by the Com- mission, or (B) to allocate its rights and obligations under the contract among such of its affili- ates as may elect to participate, in accord- ance with an equitable formula to be deter- mined by the carrier and such affiliates and approved by the Commission. (c) Each contract under this Act shall contain a detailed statement of benefits offered and shall include such maximums, limitations, exclusions, and other definitions of benefits as the Commission may deem necessary or desirable. (d) The Commission is authorized to pre- scribe regulations fixing reasonable mini- mum standards for health benefits plans described in section 4 and for carriers offer- ing such plans. Approval of such a plain shall not be withdrawn except after notice, and opportunity for hearing without regard to the Administrative Procedure Act, to the carrier or carriers concerned. (e) No contact shall be made or plan ap- proved which excludes any person because of race, sex, health status, or, at the time of the first opportunity to enroll, because of age. (f) No contract shall be made or plan ap- proved which does not offer to each employee and annuitant whose enrollment in the plan is terminated, other than by a cancellation of enrollment, a temporary extension of cov- erage during which he may exercise the option to convert, without evidence of good health, to a nongroup contract providing health benefits. An employee or annuitant who exercises this option shall pay the full periodic charges of the nongroup contract, on such terms or conditions as are prescribed by the carrier and approved by the Com- mission. (g) The benefits and coverage made avail- able pursuant to the provisions of subsec- tion (1) shall, at the option of the employee or annuitant, be noncancelable by the car- rier except for fraud, overinsurance, or non- payment of periodic charges. (h) Rates charged under health benefits plans described in section 4 shall reasonably and equitably reflect the cost of the benefits provided. Rates under health benefits plans described in section 4(1) and (2) shall be determined on a basis which, in the judg- ment of the Commission, is consistent with the lowest schedude of basic rates generally charged for new group health benefit plans issued to large employers; rates determined for the first contract term shall be continued for subsequent contract terms, except that they may be readjusted for any subsequent term, based on past experience and benefit adjustments under the subsequent contract; any readjustment in rates shall be made in advance of the contract term in which they will apply and on a basis which, in the judg- ment of the Commission, is consistent with the general practice of carriers which issue group health benefit plans to large employers. CONTRIBUTIONS SEC. 7. (a) (1) Except as otherwise pro- vided in this subsection, the contribution of the Government to the subscription charge of a plan for each enrolled employee or an- nuitant shall be such amounts as the Com- mission by regulation may from time to time prescribe. The amounts so prescribed (A) be less than $1.25 or more' than $1.75 biweekly for an employee or annuitant who is enrolled for self alone, or (B) be less than $3 or more than $4.25 biweekly for an employee or annuitant who is enrolled for self and family, except that if a nondependent husband is a member of the family of a female employee or annuitant who is enrolled for herself and family the amount so presribed shall not be less than $1.75 or more than $2.50 biweekly. For an employee or annuitant enrolled in a plan described under section 4 (3) or (4) whose biweekly subscription charge is less than $2.50 for an employee or annuitant en- rolled for self alone or $6 for an employee or annuitant enrolled for self and family, the contribution of the Government shall be 50 per centum of such subscription charge, ex?- cept that if a nondependent husband is a member of the family of a female employee or annuitant who is enrolled for herself and family the contribution of the Government shall be 30 per centum of such subscription charge? 17403 (2) There shall be withheld from the salary of each enrolled employee or annuity of each enrolled annuitant so much as is necessary, after deducting the contribution of the Government, to pay the total charge for his enrollment. The amount withheld from the annuity of an annuitant shall be equal to the amount withheld from the salary of an employee when both are en- rolled in the same plan providing the same health benefits. (3) The contributions of the Government as initially determined by the Commission and the contributions of the employees and annuitants may from time to time be read- justed, subject to the limitations on amounts contained in paragraph (1), on the basis of past experience and proposed benefit ad- justments, such readjustment to be in the same ratio as the contributions of the Gov- ernment bear to the contributions of the employees and annuitants at the time of the initial determination by the Commission. (b) An employee enrolled in a health benefits plan under this Act who is placed in a leave-without-pay status may have his coverage and the coverage of members of his family continued under such plan for a period not to exceed one year in accordance with regulations prescribed by the Commis- sion. Such regulations may provide for the waiving of contributions by the employee and the Government. (c) The sums authorized to be contributed by the Government with respect to any em- ployee shall be paid from- (1) the appropriation or fund which is used for payment of the salary, wage, or other compensation of such employee, (2) in the case of an elected official, from such appropriation or fund as may be avail- able for payment of other salaries of the same office or establishment, (3) in the case of an employee in the legislative branch whose salary, wage, or other compensation is disbursed by the Clerk of the House of Representatives, from the contingent funds of the House, and (4) in the case of an employee in a leave- without-pay status, from the appropriation or fund which would be used for the pay- ment of the salary of such employee if he were in a pay status. The sums authorized by subsection (a) (1) to be contributed by the Government with respect to any annuitant shall be paid from annual appropriations which are hereby au- thorized to be made for such purpose. (d) The Commission shall provide for con- version of rates of contribution specified in this section in the cases of employees and annuitants paid on other than a biweekly basis, and for this purpose may provide for adjustment of any such rate to the nearest cent. SEC. 8. (a) There is hereby created an Employees Health Benefits Fund, herein- after referred to as the "Fund", to be ad- ministered by the Commission, which is hereby made available without fiscal year limitation for all payments to approved health benefits plans. The contributions of employees, annuitants, and the Government described in section 7 shall be paid into the Fund. (b) Portions of the contributions made by employees, annuitants, and the Government shall be regularly set aside in the Fund as follows: (1) a percentage, not to exceed- 1 per centum of all such contributions, de- termined by the Commission as reasonably adequate to pay the administrative expenses made available by section 9; (2) for each health benefits plan, a percentge, not to ex- ceed 3 per centum of the contributions to- ward such plan, determined by the Commis- sion as reasonably adequate to provide a contingency reserve. The income derived from any dividends, rate adjustments, or Approved For Release 2004/02/03 : CIA-RDP61-00357R000300030071-5 Approved For Release 2004/02/03 : CIA-RDP61-00357R000300030071-5 17401 .~ 959 CONGRESSIONAL RECORD - SENATE in the RECORD a biographical sketch of redo. He cooperated with Senator JOSEPH Mr. JOHNSON of Texas. This meas- Warwick Downing. G'MAHONEY, of Wyoming, in development of ure is Calendar No. 596, Senate bill There being no objection, the state- Government program for experimental work 1697, to amend the Mutual Defense As- in developing a liquid fuel industry, in par- sistance Control Act of 1951, ment was ordered to be printed the titular that feature of this program which President, the RECORD, as follows: included Colorado's oil shale as a source Mr. KENNEDY. Mr. bill provides for a change the pro- Warwick BIOGRAPHICAL SKETCH or WARWICK DowNiNG of synthetic or liquid fuel. Warwick M. Downing was born in Ma- The late Mayor Robert Speer, of Denver, visions of the so-called Battle Act, so comb, Ill., January 14, 1875, of Quaker an- called Mr. Downing "father of the moun- as to provide-if the President deter- cestry. His first immigrant ancestor arrived tain parks and of the boulevards and play- mines it to be in the national interest- in Plymouth,as far back as 1621. grounds of Denver." As chairman of the ? Some degree of assistance to countries As a young man, Mr. Downing determined Mountain Parks Committee of the Civic now under Soviet control, but trying to to do his best toward accomplishing some- Bodies, he had the leading part in putting maintain some degree of independence. thing notable and well worthwhile for the across the mountain parks idea. It must I am thinking especially of Poland, public, welfare, and to devote as large an be remembered that this was at a time when trying amount of his personal time to public serv- autos were few, and many of the citizens which h has s been underndergogoining g a a very with the ice as possible. He felt as a minimum he of Denver organized to kill what they termed per should so devote 10 percent of his time. "a fool idea" of spending Denver money in Soviet Union, but also-as the recent He was graduated from East Denver High , the mountains, and to stop a "bunch of trip of Mr. NIXON indicates-has a School in 1891. Shortly after his gradu- speculators" who wanted to unload worth- strong and warm feeling toward the ation from high school, he procured a job as less hillsides on Denver at a fancy price. United States. a cub reporter on the Denver Times. He Mr. Downing drew the mountain parks This measure provides that if the left this employment to attend the Uni- amendment to the Denver city charter, and President finds it to be in the national versity of Michigan College of Law, and grad- pushed its adoption by the people. This also interest, a country which might be un- uated from that institution in 1896. Dur- entailed the procuring of necessary legisla- der the domination of the Soviet Union ing his years in law school he was Ann Arbor tion by the legislature of Colorado and pro- correspondent for the Detroit Evening Jour- curing of an act of Congress, deeding some could receive assistance' from our coun- nal, the Chicago Times, the Chicago Herald, 10,000 acres to the Denver park system, and try in the following way: If the Presi- the Chicago Inter-Ocean, the New York Sun, of bbI?*, responsible for the expenditures of dent thought it to be in our interest, he and the United Press. the pu c funds that made our Denver could provide funds which might be ob- Often referred to as the dean of oil and mountain ark system what it is today. rained through Public Law 480 sales in gas lawyers in the Rocky Mountain region, Mr. Down g's work for the Denver play- local currencies, which funds could be Mr. Downing has made a life career of sere- ground syste was no less notable. All the loaned back to that country, as is done ice to the public and particularly in the playgrounds n owned by Denver, with in the case of other countries; and, sec- consistently field of oil and gas conservation. He has one principal ex tion, were acquired by consistently refused to accept public office him and were large constructed under his ond, the Export-Import Bank would be with pay, but has held many offices of an administration as a ber of the Denver permitted to make loans to a country honorary nature, all without compensation, Park Commission. Like so, Denver's mu- which falls into this particular "gray" some of which are listed herein: nicipal parkway and boul and system was Status. Park Commissioner . of Denver under largely his creation. Those are the particular provisions of Mayor Speer and Arnold, 1904-13. The Denver Good Roads Bo d, of which the bill. Chairman Mountain Parks Committee of Mr. Downing was a member, p aced and The PRESIDING OFFICER. The bill the Civic Bodies and member of the Denver passed the 1920 Highway Law, un r which Is open to amendment. Mountain Parks Commission, 1911-20. (and as amended) our State high sYs- h b f th r amendment to be e f t ere . e n0 ' ? Member Denver Playground Commission, tern has been built. He was also i tru- I 1910-13. mental in all of the highway projects. He proposed, the question is on the engross- Member Denver Good Roads Board, t d ointment to the Highway - ment and third reading of the bill, a pp accep a 1920-24. visory Board by Governor Teller Ammon The bill (S. 1697) was ordered to be Member Colorado State Highway Advisory in 1938, ngrossed for a third reading, read the Board, 1936--38. As a member of the Highway Advisory ird time, and passed, as follows: Representative of the State of Colorado an Board, Mr. Downing pushed a completion 'Yt enacted by the Senate and House t - ee, ap the Oil States Advisory Commit of the highway to Summit Lake on the of R resentatives of the United States of pointed by the Governors of 12 of the prin- Mount Evans road, and realinement of im- oipal oil-producing States, 1931-34. provement of the road from Summit Lake to EEC eri in Congress assembled, That section Representative of the State of Colorado on of is I of the Mutual Defense Assist- Mount Evans. His principal effort, however, f Act of 1961 (22 U.S.C. 1611a) is the Interstate Oil Compact Commission, was to give aid to the Western Slope in amended to cad as follows: created by the principal oil-producing States highway development so that the Western "SEC. 102. ponsibiilty for giving effect to with congressional approval, se v to date. Slope would have an all-year-round highway p p Chairman of the Gas Conservation Co m- to be completed from the north boundary Seccreta a ury of ores Sta his or suAct ch other shall beher officer a as s vested the _ _. ...._.__-_~_ __ ........ - Se the d G nee ation cessor posy, the v? an It thus appears that Mr. Downing has to as the `Adrninist tor'." Commission, 1932 to date. Recently ap- held public office for more than 84 years, SEC. 2. Section 3 of title II of the and Gas pointed as. a member of said tOil as many years as he has lived, and-during Mutual Defense Assis nee Control Act of er 961 i inn n . - never receives a penny of c~uiNc++owo+v++ +~+ follows: Member of the National Petroleum Coun- cil, appointed by. the Secretary of the In- his time. "SEC. 303. (a) This Act shA11 not be deemed terior, 1951 to date. Mr. Downing is married to the former to prohibit furnishing econoirc and financial Mabelle Jackson Bell of Dallas, Tex. He Member of the National Conference of assistance to any nation or area, except the Petroleum Regulatory Authorities, appointed has two children, Richard Downing, Denver Union of Soviet Socialist Republ s and Com- to serve and help the Secretary of the In- attorney, associated with him in the prac- munist-held areas of the Far Easwhenever terior during World War II from the State's tice of law, and Dr. Virginia Downing of the President determines that such assist- standpoint. Boulder, Colo. engaged in research on the ance is important to the security of the Member of the Governors Advisory Coun- causes and control of cancer. United States: Provided, That, after term- cil, with reference to oil and gas matters, ination of assistance to any nation as pro- during World War II. MUTUAL DEFENSE vided in sections 103(b) and 203 of this Act, He has served on the Interstate Oil Com- AMENDMENT OF assistance shall be resumed to such nation pact Commission under nine Colorado Gov- ASSISTANCE CONTROL ACT OF only in accordance with .section 104 of this ernors, six Democrats (including Gov. Ed 1951 Act. The President shall immediately re- Johnson who was Governor twice with an port any determination made pursuant to 18-year interlude as U.S. Senator) and three Mr. JOHNSON of Texas. Mr. Presi- this subsection with reasons therefor to the Republicans. He has served many years as dent, I move that the Senate proceed Committees an Foreign Relations, Appropria- vice president for Colorado -or as a member to the consideration of Calendar No. tions, and Armed Services of the Senate and of the executive committee of the Inde- 596, Senate bill 1697. the Speaker of the House of Representatives. pendent Petroleum Association of America. The motion was agreed to; and the "(b) The Administrator may, notwith- He. has been one of the Nation's leaders Senate proceeded to consider the bill standing the requirements of the first proviso to bring about laws, regulations, and prat- (S. 1697) to amend the mutual Defense of section 103(b) of this Act, direct the con- tices which would encourage the develop- tinllance of assistance to a country which ment of oil and gas on public lands. Assistance Control Act of 1951. knowingly permits shipments of items other His chief accomplishment, however, was Mr. KEATING. Mr. President, may than arms, ammunition, Implements of war, the development of the oil shales in Colo- we have an explanation of the bill? and atomic energy materials to any nation Approved For Release 2004/02/03 : CIA-RDP61-00357R000300030071-5 Approved For Release 2004/02/03 : CIA-RDP61-00357R000300030071-5 CONGRESSIONAL RECORD - SENATE September 10 .eceiving economic or financial as- pursuant to a determination made section 303(a) of this Act. (3) an employee who receives monthly compensation under the Federal Employees' Compensation Act as a result of injury sus- tained or illness contracted on or after such date of enactment and who is determined by the Secretary of Labor to be unable to re- turn to duty, and (4) a member of a family who receives monthly compensation under the Federal Employees' Compensation Act as the surviv- ing beneficiary of (A) an employee who, hav- ing completed five or more years of service, dies as a result of illness or injury com- passable under such Act or (B) a former employee who is separated after having com- pleted five or more years of service and who dies while receiving monthly compensation under such Act on account of injury sus- tained or illness contracted on or after such date of enactment and has been held by the Secretary of Labor to have been unable to return to duty. For the purpose of this subsection, "serv- ice" means service which is creditable for the purposes of the Civil Service Retirement Act. (d) "Member of family" means an em- ployee's or annuitant's spouse and any un- married child (1) under the age of nine- teen years (including (A) an adopted child, and (B) a stepchild or recognized natural child who lives with the employee or an- nuitant in a regular parent-child relation- ship), or (2) regardless of age who is in- capable of self-support because of mental or physical. Incapacity that existed prior to his reaching the age of nineteen years. (e) "Dependent husband" means a hus- band who is incapable of self-support by reason of mental or physical disability which can be expected to continue for more than one year. (f) "Health benefits plans" means a group insurance policy or contract, medical or hos- pital service agreement, membership or sub-' scription contract, orsimilar group arranage- ment provided by a carrier for the purpose of providing, paying for, or reimbursing ex- penses for health services. (g) "Carrier" means a voluntary associa- tion, corporation, partnership, or other non- governmental organization which is law- employment of like nature, but no employee or group of employees shall be excluded solely on the basis of the hazardous nature of their employment. (b) Any annuitant who at the time, he becomes an annuitant shall have been en- rolled in a health benefits plan under this Act- (1) for a period not less than (A) the five years of service immediately preceding retire- ment or (B) the full period or periods of service between the last day of the first period, as prescribed by regulations of the Commission, in which he is eligible to enroll In such a plan and the date -on which he becomes an annuitant, whichever is shorter, or (2) as a member of the family of an employee or annuitant- .. may continue his enrollment under such conditk as of e,igibility as may be prescribed by regulations of the Commission. (c) If an erip.oyee has a spouse who is an employee, either spouse (but not both) may enroll for self and family, or either spouse may enroll as an individual, but no person may be enrolled both as an employee or annuitant and as a member of the family. (d) A change in the coverage of any em- ployee or annuitant, or of any employee or annuitant and members of his family, en- rolled in a health benefits plan under this Act may be made by the employee or annui- tant upon application filed within sixty days after the occurrence of a change In family status or at such other times and under such conditions as may be prescribed by regula- tions of the Commission. (e) A transfer of enrollment from one health benefits plan described In section 4 to another such plan may be made by an em- ployee or annuitant at such times and under such conditions as may be prescribed by regulations of the Commission. HEALTH BENEFITS PLANS SEC. 4. The Commission may contract for or approve the following health benefits plans: (1) SERVICE BENEFIT PLAN.-One Govern- ment-wide plan (offering two levels of bene- fits) under which payment is made by a ADVISORY COMMISSION ON INTER- GOVERNMENTAL RELATIONS Mr. JOHNSON of Texas. Mr. Presi- dent, I move that the Senate return to the consideration of Calendar No. 581, S. 2026. The PRESIDING OFFICER. The question is on agreeing to the motion of the Senator from Texas. The motion was agreed to, and the Senate resumed the consideration of the bill (S. 2026) to establish an Advisory Commission on Intergovernmental Re- lations. Mr. JOHNSON of Texas. Mr. Presi- dent, I yield to the Senator from South Carolina [Mr. JOHNSTON]. FEDERAL EMPLOYEES HEALTH BENEFITS ACT OF 1959 Mr. JOHNSTON of South Carolina. Mr. President, at this time I ask the Chair to lay before the Senate the amendment of the House of Representa- tives to Senate bill 2162. The PRESIDING OFFICER laid before the Senate the amendment of the House of Representatives to the bill S. 2162 to provide a health benefits program for Government employees, which was, to strike out all after the enacting clause and insert: That this Act may be cited as the "Fed- eral Employees Health Benefits Act of 1959". DEFINITIONS SEC. 2. As used in this Act- (a) "Employee" means an appointive or elective officer or employee in or under the executive, judicial, or legislative branch of the United States Government, including a Government-owned or controlled corpora- tion (but not including any corporation under the supervision of the Farm Credit Administration, of which corporation any member of the board of directors is elected or appointed by private interests), or of the municipal government of the District of Columbia, and includes an Official Reporter of Debates of the Senate and a person em- ployed by the Official Reporters of Debates of the Senate in connection with the perform- ance of their official duties, and an employee of Gallaudet College, but does not include (1) a member of a "uniformed service" as such term is defined in section 1072 of title 10 of the United States Code, (2) a non- citizen employee whose permanent-duty station is located outside a State of the United States or the District of Columbia, or (3) an employee of the Tennessee Valley Authority. (b) "Government" means the Government of the United States of America (including the municipal government of the District of Columbia). (c) "Annuitant" means- (1) an employee who on or after the effec- tive date of the provisions referred to in section 15 retires on an immediate annuity, under the Civil Service Retirement Act or other retirement system for civilian em- ployees of the Government, after twelve or more years of service or for disability, (2) a member of a family who receives an immediate annuity as the survivor of a retired employee described in clause (1) or of an employee who dies after completing live or more years of service, fully engaged In providing, paying for, or carrier under contracts with physicians, hos- reimbursing the cost of, health services under pitals, or other providers of health services group insurance policies or contracts, medi- for benefits of the types described in section cal or hospital service agreements, member- 5'(1) rendered to employees or annuitants, or ship or subscription contracts, or similar members of their families, or, under certain group arranagements, in consideration of conditions, payment is made by a carrier to premums or other periodic charges payable the employee or annuitant or member of his to the carrier, including a health benefits family. plan duly sponsored or underwritten by an (2) INDEMNITY BENEFIT PLAN.-One Gov- employee organization. ernment-wide plan (offering two levels of States Civil Service Commission. (f) "Employee organization" means an as- sociation or other organization of employees which- - (1) is national in scope or (2) in which membership is open to all employees of a Government department, agency, or independent establishment who are eligible to enroll in a health benefits plan under this Act, and which on or before December 31, 1959, benefits) under which a carrier agrees to pay certain sums of money, not in excess of the actual expenses Incurred, for benefits of the types described in section 5(2). (3) EMPLOYEE ORGANIZATION PLANS.-Em- ployee organization plans which offer bene- fits of the types referred to In section 5(3), which are sponsored or underwritten, and are administered, in whole or substantial part, by employee organizations, which are avail- able only to persons (and members of their families) who at the time of enrollment are members of the organization, and which an SEC. 3. (a) Any employee may, at such (A) GROUP-PRACTICE 1PREPAYMENT PLANS: - time, in such manner, and under such con- Group-practice prepayment plans which offer ditions of eligibility as the Commission may health benefits of the types referred to In by regulation prescribe, enroll in an RP- section 5(4), in whole or in substantial part proved health benefits plan described in sec- on a prepaid basis, with professional services tion 4 either as an individual or for self and thereunder provided by physicians practicing family. Such regulations may provide for as a group In a -common center or centers. the exclusion of employees on the basis of Such a group shall include physicians repre- the nature and type of their employment or seating at least three major medical special: - conditions pertaining thereto, such as, but ties who receive all or a substantial part of not limited to, short-term appointments, their professional income from the prepaid seasonal or intermittent employment, and funds. Approved For Release 2004/02/03 : CIA-RDP61-00357R000300030071-5