The SPEAKER pro tempore. The Clerk will report the last amendment in disagreement. The Clerk read as follows: Senate amendment No. 109: Page 41. strike out lines 9 to 19. Inclusive. and Insert: Six. 305. No bill or resolution providing new budget authority for fiscal year 1982 or providing new spending authority described in scctlon 401tc)(2)(0 of the Congrcssfonal Budgct.Act of 1974 ifi excc.ss of the ~~lloca- tion to or report by a commlttee or subcom- mittee pursuant to scctlon 302 of the Budget Act shall bc enrolled until Congress haa completed action on the Second Budget Resolution for that fiscal year as.&equired to be reported under section 310 of the Budget Act: and, if a reconciliation bill or reconciliation resolution, or both, are re- quircd to be reported under section 310(c). until Congress has completed actlon on that bill or resolution or both. Mr. JONES of Oklahoma (during the reading). Mr. Speaker. I ask unanl- mous consent that-the amendment be considered as read and printed in the RECORD. The SPEAKER pro ternpore. Is there objection to the request of the gentleman from Oklahoma? .' There was no objection. `. MOTION OFFERED BY MR. JONES OF OXLAHdHA Mr. JONES of Oklahoma. Mr. Speaker, I offer a motion. The Clerk read as follows: Mr. JONES of Oklahoma moves that the House recede from Its dlsagrccment to the amendment of the Senate, numbered 199. and agree to the same with amendments as follows: Strike out the matter proposed to be inserted by the Senate amendment. and restore the matter proposed to be stricken out by the Senate amendment. On page 41, line 9, of the House engrossed concurrent resolution. strike out "Sic. 306. (a)" and insert the following: %%c. 305.". On page 42 of the House engrossed con- current resolution, strike out, lines 1 through 3. Mr. JONES of Oklahoma (during the reading). Mr. Speaker, I ask unani- mous consent that the motion be con- sidered as read and printed in the RECORD. ' The SPEAKER pro tempore. Is there objection to the request of the gentleman from Oklahoma? There waz+ no objection. The motion.was agreed to. MOTION TO INSTRUCT CONFER- EES TO AGREE TO SECTION 303 OF SENATE. AMENDMENT TO H.R. 31, THE CASH DISCOUNT ACT Mr. MADIGAN. Mr. Speaker, I off&- a privileged motion. The SPEAKER pro tempore. The Clerk will report the motion. The Clerk read as follows: Mr. MADIGAN moves that the managers on the part of the House at the commfltee of conference on the bill H.R. 31 be instructed to agree to section 303 of the Senate amend- mcnt which removes the age restriction for appointment to the Surgeon Generalship. The SPEAKER pro tempore. The gentleman from Illinois (Mr. MADIGAN) is recognized for 1 hour. Mr. AfAiJIC3AN. Mr. Stieakei. I yield address the age di&imlnation ques- myself such time as I may consume. tion. I know his particular aversion to Mr. Speaker. I rise to urge mY col- such dlscrimlnation, no matter where . leagut?S to SuPPort my motion to in- it ls found,, and would urge my col- StrUCt HOUse ConfCCreeS on nongermane' leagues to associate themselves `with provisions, fauna in H.R. 31, the .Cash :: oti &like ofsu'ch practices. DiscountAct.. . ' : ' I;_. Recognizing. the- discrin&atory ef- As some Of my co11eagues may not be fecta of the present Public Health aware of the dtuation on this bill, I will give a brief recap: Service Act `language, the other body H.R. 31, the Cash Discount Act, was sought to ease the situation by ap- re lnr orted by the House Banking Com- PendiIW noneermane language to H.R. ttee and ,passed the' House,. It was 31. Their amendmerit. exempts an lndi. amended on the floor* of $he other vidual 64 or. over from requirements which preclude appointment as Sur- body wfth the insertion of nonger- geon C)eneral., mane language relating to the Public Health Service Act. When return&d to. These `discriminatory statutory re- this body, the speaker referred the: quirements unduly restrict the ability `nongermane portion of the amended of the President to appoint aa Surgeon bill to the Subcommittee on Health General individuals Who have excep- and the Environment of the Energy tional qualifications in medicine and and Commerce Committee. Our distin-, : health care administration merely'be- guished chairman. the . gentleman,, cause those individuals have attained from California. called one day of a certain age. For instance..the Presi- hearing8 at which we discussed this dent wants to appoint a very distin- and ancfllary issues; The subcommit-, guished and able surgeon and medical tee and full committee took no futher' professor, an individual who has ,many actfon.\Some 6 week8 ago, the `House. Year8 of volunteer public health 8erv- 1 appointed conferees OR this bill. Three j 4tX in his background. This physician weeks a&, the otherg house did like- 9 haa been,,aurgeon-in-chief of a major wise. Conferee8 have unsuccessfully' children's, hO8Pital ln the United attempted to meet on two occasions., States, is a world-reknowned pediatric This then is the situation tod~r: A surgeon,, as well BS an innovator of worthwhile piece of leglalation has new techniques in surgical procedures been block@ due to nongermane lan. relating to childhood cancer,, In addi- guage. In addition. unrelated concerns tion, this distinguished physician in- have intruded upon the cenpal issue.F 1' spired the creation of the first neona- . tal surgical intensive care unit in the $t,h, amending language .found in: *., ,,. United States. a service which has con- Y.`sz "&AA. As a result of this deadIo$`I:rise"`: trib&ed signl&antlY to the reduction today to seek my colleagues' approval of pew-born mortality, rates. Due. to' of a motion ti instruct conferees to his activities'ln educating medical pro- accept language which would resolve fessiohals, he has, raised the standard certain problems created by the other of surgical care. for children and body's nongermane language. BefOre I others h throughout this Nation and discuss this specific language, howev- many other parta of the world. A great er. I would like to direct this body's at- number. Of hi8 former students are tention to what I consfder a serloua now well established as Professors Of flaw in the Public Health,Service Act. pediatric surgery. division chiefs in pe- The Public Health Service Act as it diatric surgery, and surgeons in chief relates to the seN& of the Surgeon ,Of C~ldren'B hOsPi--; ' c General ,unduly dimrhinates `on the This individual has been a professor basis of age. I find such discrimination of pediatric nurgery and pediatrics at a to be unwarranted. b' The Surgeon Oeneral of the Public' major eastern university, a diplomat Of the American Board of Surgery. a Health Service is one of the key posta fellow of the AmeriCan Cotiege of Sur- in the Department `of .Health and, geOn$ and the American Academy of ,Human Services, The Surgeon Gener- Pediatrics, and Is specially certified in al is also the highest ranking officer in Pediatric surgery by--the American the commissioner corps of. the Public Board of Surgery. His other profes- health Service. one' of the seven uni-t sional .memberships include the Soci- formed servic& of the United States. Under existing statute. an individual who is 64 years of age -or\ older may not receive an original appointment in the commissioned corps .because of prohibition; contained in the retire- ment authority. The law mandates that a commissioned officer be retired on the-first day of the month immedi- ately followlng the month .he or she attains the age of 64. I consider this age dlscrlmlnation of the .worst sort and would hope that, my. colleagues would agree. ety for UniversitySurgeons, the,Phila- delphla Academy of Surgery, the American Pediatric Surgical Associ- ation. the Britbh Association'of Pedi- atric Surgeons, the International Soci- ety of Surgery, the Deutsche OesellsTi chaft fur Kinderchirurgie, the. Mar-s seille Surgical Society, and thecollege of Surgeons of the Dominican"Repub- lit. Further, he has received a,miiny honors, .awards. and honorary degrees, and has engaged in public health ac- tivities in more than three dozen coun- tries around,the world. And Yet. due to I wouid also like to point out the the mere fact this individtial -is over support of my chairman, the gentle., the age *of 64,`he ls statutorily pre- man from California, in our efiPrt8 to eluded from nomination and conflrma- nhy 20, 1981 CONGRES,CiONAt RIkORD:A I-iOUSE . H 2346 tlon as Surgeon GeneraI of the United States. I find such discrimination based on an individual's age to be re- Dusnant to the fundamental brineiDles bf our society. In addition, I would -like to Drovide the President of the United States with greater flexibility in the adminlstration and manaaement of the Public Health Service and the Public Health Service Commission Corps. As a result, I urge my col- I. leagues to support this motion to in- struct conferees to .accept language which eliminates these unnecessary restrictions. I urge you to do so be- cause it is only proper that we allow individuals who have achieved mature years to serve in responsible positions in this Government. Mr. BIAGGI. Mr. Speaker, will the gentleman yield? Mr. MADIGAN. I yield to the.gen- t.leman from New York. Mr. BIAGGI. I thank the gentleman for yielding. I rise in suDDort of the gentleman's motion for ttio very specific reasons: One. I think the President should be given the flexibility necessary in order to flesh out his administration organi- zation. But even more significant is the question of discrimination. The gentle. man has expressed his opposition to that practice and clearly the Congress has spoken out on this issue many times, but more importantly, the Con- gress has enacted legislation which re- moved mandatory retirement in most quarters in our country. We are in the process of deliberating on the areas remaining. The Select Committee on Aging, of which the il- lustrious gentleman from Florida (Mr. PEPPER) serves as chairman, has been in the forefront in dealing with dis- crimination. I. as a member of that committee, and chairman of one of its subcommit- tees, have attempted to consistently eliminate any form of discrimination in relation to the elderly in every pro- gram in our Nstlon. To have it applied here because it deals with one individual, I believe, is certainly outrageous. I would certainly hope that if the motion is carried-and I hope it will be-that we address ourselves to the broader area, to all individuals who might be considered for aDDointment by the Pres!dent. that aDDointment not to be inhibited by virtue of his age. I congratulate the gentleman for his motion. Mr. MADIGAN; 1,thank the gentle- man for his support. Mr. KEMP. Mr. Speaker, will the gentleman yield? Mr. MADIGAN. I yield to the distin- guished chairman of the Republican Conference. the gentleman from New York (Mr. KEZMP). Mr. KEMP. I thank the gentleman for yielding. I want to thank the gentleman for his leadership on this issue. geon General became+ he has pamed. I Union of Philadelphia. He has `also think by less than IQQ days. the so- ., been. honored by the Philadelphia called mandatory age limit. b Chapter of the .3uvenile Diabetes There is no doubt in my mind that `. Poundatlon. the Golden slipper Club there b discrhbation at ivork in this. The CamllaieIl that has been wafmd and .XVheela; Inc. Internationally. Dr. against Dr. Koop is unfortunate. He is Koop has been awarded the Order one of the moat distinguished Ameri- Duarte, Sanchea and Mella, the Domi- cam, one of the moat distinguished nican Republic'e highest honor, and is physicians, one of the most distin- a member of. the French, Legion of pulshed humanitariana in the countrx. Honor. :. , `* - Dr. Koop, the President's choice for :Through the more than 176 articles Surgeon General. ha8 been the chief and books he, has written, Dr. Koop of pediatric surgery at the Children'6 has `contributed to the rise in the Hospital in Philadelphia for the past standard of hospital care available 33 years. His work there has been throughout the Nation and the world dedicated to saving and improving the He sits on the editorial boards of pedi- lives of our most preciou8: resource, atric journals in Japan ,and Germany, our children. as well M in the United Stated. He has When Dr. KWD an-ived `at Chil- demon&rated hia commitment to dren's Hospital in` 1946, the surgical human life, by producing, along with services there were understaffed and the .> *eminent theologian ,. Francis underdeveloped. The surgical roster &haeffer, the multimedia presents- included only tti patients. Under tion.. "Whatever Happened to the Dr. KOOP'S leadership, t,he surgical HumanHace?" . .' ,, .program has become one of the finest We : can+. deny the American in the Nation. It is a tmining ground people the benefits of Dr. Koop's ex- for highly skilled pediatrio surgeons traordinary talent and experience be- from around the `world. Today the cause of an arbitrary age restrlbtion. hospital serves over 5,000 patients per Therefore I urge my Colleagues to vote year in need of, every type of- surgical ln favor of Mr. M~mm's motion to in- care. One of the reasons for the`program'a struct the., conferees : to accept the Helms .amendment. success ffi Dr. Koop's medical philos- I certainly want to commend the ophy. He has been a leader of the gentleman from Illinois0 not only for movement to base the practiw'of pedi- his effort to bring these facts to the atric surgery on physiologic principles. attention .of the Congress, but for the Prior to this, children weretreated aa effort that the gentleman has made in if they were small adults, "-and -willinftness on the part of any- Dr. C. Kverett Koop in conm&ion witb.tbe President'8 request to the Congress that. he M in charxe of the 8chedulJna of be desknated Surgeon GeneraL This oppo. le&latlon belore the 8ubcommlt&e8 sition seem8 to stem from two sourcesz First, and the committee8 of the House to the pro-ahortlon forco8 in thill oountry am& second, some members of the public health move expeditiouslp on 8 bill of this kind. A8 a matter of fact, the proee- dure that has, been followed here is one that ~88 recommended to the With regard to the first. let me say thM& a Board member of the Children's Hospital `of Philadelphia I have been associated with Dr. Koop for the past thh'ty year& and de- spite my mexnbemhip i&-and #upport of. Flamed Parenthood, Dr. Koop haa. never EEsm&t of viqw on me or any other With regard to the se&ml, it would be a , breath of ireah a.ir to have someone in thb .- position ..whoss urperience axi achieve ment8 in the fleld of publk health and world health have been as far reaching aa `,,k . . Dr. Koop's lko&dge df these makers I& indeed, world-wide and far surpasses that of most of th08e who have crltki8ed him What follows is representative, but ia more than a eampling of his experience and contributloru. My purpose in bringing it to your attention, and thereby to the attention of your readers, ia to begin to spell out and ' iiluminato hfs record of accompliahmenta, most of, which' has been lar8ely ignored in the public press In so doing. I am not paliti- , tally motivated, but simply hope to provide a more accurate 8nd better balanced con- ' text for judement. 2 From 1960 to 1980. Dr.. Koop was vice president for four, tewma and 8 board member of MAP International a relief agency In wheaton, IiUois. MAP Intema- tional st8rted out providing medkines and material for doctors working in Third World countries. Its,work now extends to efforts in sanitation,, water supply, ae.wag8 disposal and famine control. Dr. Koop has chaired the MAP Readetis Digest International Fe~Owhip Committee for many yeam and haa been inetrumental in sending some 180 medical student abroad to visit bushtype hospitals in Third World ,ooutWies for a minimum of 10 weeka Some of the88 students hav8 gone on - to 8pecial training lncludin8 addltionrl time in schools of public health. They are now returning to Third World countries for careers in intm national medicine. people who were intere8ted ln this issue bs the highest 8uthorltle8 in the Congrfks, and are have accepted their recommendations and have proceeded to move .in the manner in, wl+h? they suggested we move. , `. Mr. SWIFT.. Mr. Speaker, ii the gen- tleman. will yield further, the Pre8i- dent'8 party is ln control of the other body. It Is certainly not the fault of anyone in the House that 8 member of that party, No. 1, stuck 8 nongermane amendment on thi8 bill. No. 2. did not cover the right thing& and;. No. 2, made it 80,lt wa8 dY8functional.,, . , Why. should. the EIou8e *have to assun% the re8pon8ibility. for `SIODPY legislative work th8t wa8 done"in the other body?. " :i .`.I * Mr. MADICXN. Mr. Speak+ I spondlng to the gentleman from WashIngton (Mr. SWIFT), 1 would say that the present candidate has two tli%zbflitl& His nonmembership in the Public Health Service Corps and the fact that he is beyond the specified a3 for retirement. The Innl;uage of the Senate amend- ment to the Cash Discount Act dealt only with the age question. I am deal- ing only with the age question here, because to do otherwise would make my motion subject to a point of order. Mr. SWIFT. Mr. Speaker. will the gentleman yield further? Mr. MADIGAN. I am happy to yield to the gentleman from Washington. Mr. SWIFT. Because there was a nongcrmane amendment in the Senate, because it is flawed in at least two respects, because subsequent action will still have to be taken by Congress before the specific appointee can be appointed to this specific office, before Dr. Koop can be appointed, it would seem to me it would be better to start with a piece of legislation that addresses the whole issue. We are going to have to take up an- other piece of legislation anyway. Why could this not be done in a much more orderly approach in one bill that would deal with the question rather than getting into this problem of having to accept nongermane amend- ments on t.he part of the Senate that will not even do the job anyway? Mr. MADIGAN. Mr. Speaker, if the gentleman will allow me to respond, we would do half of the job in this manner, and we would have to find an. other way to do the other half. I sus- ha8 been followed here l8 one that wa8 recommended to us, and we have fol- lowed that recommendation and will would say to the gentleman what .I continue to follow it. We acknowledge have said before. The procedure that that there is a second d&abllitx and we will have to find some way-h ad- dress that. But we think that. thi8 being nearly the end of May, it is time to address thi8 question and ta allow a Surgeon Cleneral of the United States to be appointed. There to pending & appOintm&t df an outstanding candidate, perhaps the most outstanding surgeon in the United States. It is .ab8Olutely rldicu- lous to hold up the appointment of such an out8tanding individual while we talk about the niceties of `parlia- mentary procedure. . Mr. DOUQHBBTY.~ Mr. Speaker, will the gentleman yield? L Mr. MADIQAN, I yield to `the gen- tlema~fr0mPennsylvania. `. 1 (Mr. DOUCHIEiHTY asked and wa8 given perinis8ion to rev&e; and extend his remarks. and to include extraneous matter.1 Mr. DOUGHERTY. Mr. Sp&er; I tit% in Strong SUppOrt Of the poSitiOn of the gentleman from Illinoie (Mr. MADI~NV). I Mr. Speaker. I `would like to Share with my colleague8 an op-ed piece written by the chairman of the board of the Children's HosD~&~ in Phlladel- phia in response to thk attack made on Dr. C. Everett KOOP in a Washington Post editorial. The author just rec?ent- ly received a form letter fmm the Past indicating that they were not interest ed in publishing hi8 response. In 1960, Dr. Kdop made tripstze Ethiopia, Kenya, Uganda, Tamiani Corm Gaire), South Africa, Nigsria and' Ohana to acquaint mediclit mksionariea of American and other origins with the serv- ice8 of MAP International. He flew from bush hospital k, bush hospital in 8 small Diane to amMa the D&JDls'S needs. .- In 1964, at the &u&t of the aainistry of Health of the Dominican Republic, Dr. Koop set up nine hydration etatione for treatment during an epidemic of dysentery where the mortality was in exceim of 70 per- cent. In 1965, `Dr. Koop visited European and .&fan fellows who had been previously trained by him at The Children's Hospital of Philadelphia. He lectured In medical schools and operated on patients at teach- ing hospital6 in Greece. Iran, Thailand, the Phillppln~. Taiwan, Japan and Hong Kong. `Richard D. Wood ix chalnaan or the Baud ol I4B$gwen at The cblldten's Hospi~ or Philae.1. . .;. May &I, 1981 CONGRESSIONAL RECORD --Y HOUSE H 2349 Dr. Koop has dlsptayed a continuing inter- est In the Tarascan Indians of Southwest Mexico. whose want for medicat care stlmu- lated him to work among these people him- self. to encourage other physIcIan to do the same; and eventually to set up, a number of dispensaries, staffs of which have been lrnlncd by American physlclan volunteers. His mcdlcnl work on behalf of pcdlatrtc populations everywhere has been acknowl- edged by many countries lncludlng France, %hIch presented him wlth `the Legion of Honor Inst. June and the city of Marseilles. which Icast week sent its highest decoration to him. The late President Eisenhower was tlx last American to be so honored by that city. Dr. Koop's work has been the essence of public hcallh. Surgeon ' C3eneral and others in the Public Health Corps. ! Mr. COURTER.~ Mr. Speaker. wffl the gentleman yield to mei - Mr. lKADIff.ILN. , Mr. Speaker, I would say to the distinguished gentle- man from California (Mr. Wm) that I intend to respond to thopointa he has made, but in the interim period I will yield to the'gentleman from yew Jersey (Mr. COURTER). Mr. COURTER. Mr. `Speaker, *"I thank the gentleman fGr Yieldina - ! * think it ought. to be stricken, aa we have done over the years. I think, second, that, if this gentle- ' man. the Prospective nominee for this Mr. WAXMAN. Mr. Speaker, will the gentleman yield? Mr. MADIGAN. I yield to the gen- tlcmnn from California. I Mr. WAXMAN. Mr. Speaker, i feel that I must respond to the assertion mnde that the appropriate ,committce has not been willing to consider the legislation. We asked the administration wheth- er they would like us to proceed with this bill separately, and they have not responded that they are in favor of that. I might also point out that In the other body the Republican Party is in control, and the committee of Jurfsdic- tion in the other body has not held hearings or moved legislation to remedy the provision in the law that prevent the President from making the appointment he wishes to make. We asked the administration to coop- erate with us and to have this individ- ual appear before our committee. They refused. Rather than cooperate with us, they have attached 8 nonger- mane amendment to a bill that has nothing to do with the issue of the Surgeon General. I do not know what they have to hide from us, why they do not want us to consider the issue in committee and in an appropriate way, and why they want us to take this halfway measure that will not do the job and why they now ask that conferees agree to-some- thing that is inappropriate. I think that is a bad way to legislate. ' We are willing to work on this thing and solve problems and let the Presi- dent make an appointment. The Senate will have confirmation authori- ty; we do not have that authority. I do not expect the President to appoint someone of whom I would wholeheart- edly approve. It is his right to make, the appointment, not mine. However, it is up to the Senate then to confirm. This particular nominee is not one about whom I am very enthusiastic, but it is not my job to be enthusiastic or not enthusiastic about him. My job. as chairman of the subcommittee is to try to work on legislation that would. in- & appropriate way, address the qualifications of the Surgeon General and those of the Public Health Service Corps. I do not think there ought to be a mandatorv retirement for the. But earliei the gentlewomti `from Colorado (Mrs. IkmRoxoti)- empha- sized the same claim of jurisdiction for. her committee. If I had a suspicious mind, I would have to ask if this em- pha@s on committee jurisdiction W&B not in fact a delaying tactic. But not having that kind of a suspicion, I merely raise the noint. and I wonder if the g&tleman would &re to comment. Mr. MADIGAN. No. i Mr. MAZZOLI. Mr. Speaker. will the gentleman yield? - . Mr. MADIGAN. I yield to the gen- tleman'from Kentucky. Mr:MAZZOLI. Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker. I rise in support of the motion offered by the gentleman from Illinois (Mr. MADIQAN). I `think it is $irly clear that age discriminati& - h&s no part in our statutes, and I I rise in-support of tlie motion of- fered by the gentleman from Illinois (Mr. M&MIT); I think, very frankly, that the issue &.a very, very important one.' Granted that we are-attempting to do one-half of the work now.%ut I have never seen this body refuse to do something or take, a step forward be-' cause the entire package could .not, be accomplished on one particular day, The simDle issue here is whether we are going &waive the age requirement for one individual who the President of the United States would like to see appointed to an extremely important p&tioh Time is awasting here, This is not the first time this body. has inraived age requirements:We hava done it for. Admfral Rickover, and I, understand we have done it a number of times for J. Edgar Hoover. - : ;' `. The simple question ie& is.' will we ' go along with the President's request': on waiving an age requirement with respect to an outstanding medical practitioner in the, United ,-States. today? I see no complication,`-1 think we should take at least' this one step I forward this afternoon. : " `. Mr. DERWINSKI. IvI?. `Speaker,' will the gentleman yield? .' `, ' Mr.' MADIGAN. I yield to the gen- tleman from Illinois; , : Mr. DERWINSKI? Mr. Speaker, I thank the gentleman for' yielding. First. let nie offer my support for Dr. KOOP for the positioti of f%rgeon Gen- eral. However, I am `somewhat con- fused by the pattern of debate. I wa8 intrigued by the emphasis on the part of the gentleman from California (Mr. WA~MAIV) emphasizing,. of course, h!s committee jurisdiction. I' I posti had -not-been very outspoken in his. opposition to abortion, probably `we would not be here today. .' SC, Mr. Speaker, I thank the.gentle- man for having brought the issue up,, and I urge my colleagues tq agree to his motion.' ' Mrs. SCHROEDER. Mr. Speakel;, will the gentleman yield? Mr. MADIGAN. I yield, for the' pur- pose of debate only, to the gentlewom- an from Colorado. Mrs. SCHROEDER: Mr. Speaker, I ,' just want to say that certainly I un- derstand that civil Service does not have jtirisdiction over Public Health, and that it is in someone else's juris- diction. I ~88 just trying to say that from my perstiective -it appears very, very important that, we keep in mind the : `fact that `some ' people in the . agency .&re still going to be suffering from age discrimination. and that is terriblyimportant.,i` ' :, 1 The : onli .person th&' amendment wQuld.exempt 4s the "guyrXat the top," and all I can say from my perspective is that eertainl~ this damages morale in other agencies. : I do not claim any jurisdiction over that.+ I. am only saying that that is somethinti this b,ody should be very much aware of. I think we should be dealing with age discrimination and how; it affects everyone, rather than wS;kipe$" !egislation for'one person Mr. &IGAN. ' Mr; Speaker prior to moving the previous &e&n, I would like to respond brieflji to some of the'points that have been made. The gentleman from New Jersey has made the point that we do make ex- ceptions, that we do have a history of making exceptions to the age limlta- tion. and he has'cited several instances where that has been done.". . But, if Members are really concerned about moving ahead with some sort of a propositioti. to exempt everybody from this age limitation, then let me invite' those-Members who would want to do that to get up and make a second ' motion to instruct conferees. I would not raise 8 point of order against that, and I would be happy to support it. With respect to legislative commit- tees having the ability to work their will. I would 889 to everybody assem- bled in the H&se that-a .bill to do what everybody is ta.lking about ought to be don6 Was introduced by the gen- tleman from Illinois (Mr. HYDE) on ,April 7, and 4t has not yet been the subject, even of a hearing in any legis- lative cominittee. I With .regard to th$ `remarks of the gentlewoman from Maryland (Ms. MI- ~SULSKI) that the American Public Health Service has somebody that, they would prefer for this appoint- ment, let me simply point out to her $hat the American Public Health Serv- CONGRESSIONAL RECORD - HOUSE May 9Q IS8! Ice does not appoint the Surgeon 0en- era1 of the United States. The Surgeon General of the United States is ax& pointed by the President of the United States, and we are trying to facilitate a process that will give him the ability to do that. Mr. Speaker, I move the previous question. The previous question was ordered. The SPEAKER pro tempore. The question is on the motion to instruct the conferees on H.R. 31 offered by the gentleman from Illinois (Mr. MAD- IGAN). The motion to instruct wss agreed to. A motion to reconsider waa laid on the tnbIe. ADJOURNMENT OF THE HOUSE FROM THURSDAY, MAY 21, 1981, TO WEDNESDAY, MAY 27, 1981. AND ADJOURNMENT OF THE SENATE FROMl93XXURS- DAY. MAY 21, ' TO MONDAY, JUNE 1. 1981 Mr. MURTHA. Mr. Speaker, I Offer a privileged concurrent resolution (H. Con. Res. 138) and ask for its immedi- ate consideration. The Clerk read the concurrent reso- lution, as follows: H. CON. RES. 138 Rcsolvcd by the House of Representattves (the Senate cot~urting), That when the House adjourns on Thursday, May 21, 1981. it stand adjourned until 12 o'clock meridian on Wednesday. May 27. 1981. and that when the Senate adjourns on Thursday, May 21, 1981. it stand adjourned until 12 o'clock me ridinn on Monday, June 1, 1981. The concurrent resolution was agreed to. A mbtion to reconsider was laid on the table. HIGHER EDUCATION ACT AMENDMENTS INTRODUCED &r. COLEMAN asked and was ;:iven permission to address the House :`or 1 minute and to revise and extend his remarks and include extraneous niatter.) Mr. COLEMAN. Mr. Speaker. at the request of the admfnistratlon, I am in- troducing a bill amending t,he Higher Education Act of 1965. This bill con- tains the administration's proposals to restrain growth in the guaranteed stu- dent loan (GSL) program and in the Pell grant, program in order to achieve the savings the President has asked for and that we will bc expected to make in reconciliation. The administration's bill would make sevf3ra.l significant changes in the student assistance programs that are designed to better target loans to the truly needy student and to reaf- firm the tradilional role of the family. The bill achieves this by limiting guar- anteed student loans to the student's "remaining nctid" after all other ss- sistance and family contributions have been taken. into consideration, by asking the parents to contribute more under a revised formula for cietennh- ing expected :araUp contribution-for the Pell grant program-and by rah- fng the intmxt rate paid by parents for parent loans. This bill also would require a i&al- button of $760 in self-help from the student, before any assistance is of- fered, and the bill would. also elimi- nate the interest subsidy. currently paid by the Federal Government on the student's loan while. he or she is attending school. I believe that the proposals con- tained in the administration's bill de- serve thorough consideration by the Congress. I consider these proposals, however, to be but one among many possibilities to achieve the required savings in the OSL and Pell grant pro- grams. As the ranking Republican on the Subcommittee on Postaecondary Edu- cation and from conversations in my offlce and at home in Missouri, I have heard from students, educators, lnsti- tutions, large, small, private and public, and from the lending lnstitu- tions regarding the administxation'8 proposals. I think everyone will agree that we must take action to curtail the burgeoning growth of these programs. While I fully support the admlnistra- tton in thfa goal, at the same time we must closely scrutihize each proposal, including this one, for its effect upon these very complicated and far-reach- ingprograms. . I have been examlnlng and will con- tinue to examine az1 suggestions. op- tions, and proposals very carefully, and am certain thirt changes can be. made to the OSL and Pell grant pr@ grams that will achieve the savings re- quired by the reconciliation `process and at the same time will 4~ure that students Qave accesstograntandloan money. Mr. Speaker, I place ln the RECORD at this point the text and analysis of the administration's bilk : ,.. H.R. 3841 A bill to make certain amendments to the Higher Education Act of 1068 De fl enacted by MC Senate and House 41 Represcnlatfws of the Vnfted State8 of Amerfca fn Congreru cuaembled, That this Act may be cited as the "Hlgher Education Amendments of 1981" SEC. 2. (a) Section 42MaXl) of the H&her Education Act of l!MS (hereafter referred to as "the Act") is amended by inserting at the beginnlng thereof the following new, sen- tences: The amount of any loan made after June 30. 1981 which may be covered by Federal loan Insurance under this pelt shall be llm- ited to the atudsnt's financial need for the period of instruction to be covered by the ban. For Purposes of this SeCtiOn, the term "financial need" means the estimated cost of attendance less estiniated ffnanclal as&t- ante and the expected family contribution. The eligible Instltutlon at which the student has been accepted for enrollment or at which he Is In attendance shall determine the student's financial need In accordance with the provisions of section, 482, of this Litle." Cp) Section 428(b)&(A) of the Act la amended by inserting before the words "au- thoria4s the lneumxW the !0110wln(l: Wnlta the amount of 8x1~ loan made after June 80, 1961 to the student's financial need, as defined in se&On 41MaN11, for the period of lmtructfon to be covered by the loan by requlrinf#:the eliglbl~ ,instltutlon at which the student has been'rcapted for en- rollment or at which he Is ln attendance to determine the studit's flnandal need in ac- cordance with !he provisions of se&Ion 482 of this title;". tc) Section 439B of the Act is repealed. (cl) Sectton 482(a)(l) of the Act ls amend- ed by striking out "and under part El". (e) Section 428B(bX3) of the Act is amfind- ed by strlklng out 4'N~" and InsertIn in- stead the folIowIng: "Any, loan under this section inay be . `counted as part, of the student's expected family contribution In the determination of need under this title. but no". SEC. 3. Section 428 of the Act ts amended- (a) In subsection taX1XA) by lnsertln.8 before the semicolon the following: "Prior to July 1 1981" and (b) by `amending varatzavh (6) of subset- ' tion (a) to read as follows: * "(5) The period referred to in subva;a- graphs (B) and (C) of paragraph (1) of this subsection shall begin on the date of enact ment of this Act and end at the close of June 30 1981" and . .' to) by'rep&& subsectlon te). ' SGC. 4. .Section 428B of the Act is f&her amended- ' (a) in subsectlon tcX1) by inserting before, the end thereof a comma and the following: "and shall be made over a perlod of not more than twexity years", (b) by amendlng paragraph (3) of subsec- tlon tc) to read as follows: "(3) The rate 02 Merest on a loan made after June 30, 1081 Pursuant to this section shall be set by the lender at a rate not to exceed a rate provided by the Secretary of the Treasury after taking into consideration current market yields on outstandjng mnr- ketable obligations of the Unlted States of comparable maturity plus an allowance dc- teiyfned by the Secretary of Education.". " tc) in subsection (c) by inserting at the' end thereof the following new varagravh: "(4) No special allowances shall be Pald to lenders pursuant to section 438 of this part on any loans made under, this section after June 30,1981." SST. 5. Section 428(c) of the Act is `&end- ed- (a) In paragraph (2)(D) by striking out after the word "thereof' the comma and the words: "but shall not othcrwiE6 provide for subrogation of the United States Lo rights of any insurance beneficiary". and (b) by adding at the end thereof the fol- lowing new paragraph: "(8) where the Secretary has made a de- termination that. the protection of the Fed- eral fiscal interest so requires, a guaranty agency shall assign to the Secretary any loan for which the Secrptary has made vay- ment under a guaranty agreement Pursuant to paragraph