united states of america q:ongrcssional rccord

OF AMERICAUNITED STATES

Q:ongrcssional Rccordd

PROCEEDINGS AND DEBATES OF THE 92 CONGRESS

FIRST SESSION

VOLUME 117-PART 24

SEPTEMBER 9, 1971, TO SEPTEMBER 17, 1971

(PAGES 31125 TO 32412)

UNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON, 1971

2b~~'GRkSSIONAL RECORD -SENAnf"GOVERNING

"SEC. 902. (a) The corporatioJl shall havea board of directors (hereinafter referred toas the 'board') consisting' of eleven' members appointed by the President, by and Withthe advice and consent of the Senate, nomore than six of whom shall be of the samepolitical party. A majority shall be members of the bar of the highest court Of a Jurisdiction and none shall be a fUll-time employee of the United States.

"(b) The term of office of each member ofthe board shall be three years or ,untll hissuccessor has been appointed and has qualified; except that of the members first appointed, five members designated by thePresident shall serve for a term of two years.For purposes of this subsection, the termof two years. For purposes of this subsection,the term of oIDce of the initial members ofthe initial members of the board shall becomputed from the date of incorporation.Any member appointed to fill a vaca~cy occurring prior to the expiration of the termfor which his predecessor was appointed shallbe appointed for the remainder of that term.The term of all members shall be computedfrom the date of termination of the preceding term. No member shall be reappointedto more than two consecutive terms immediately folloWing his initial term.

"(c) The members of the board shall not.by reason of such membership, be deemedofficers or employees of the United States.

.. (d) The board shall select a chairmanfrom among its members who shall serve fora term of one year.

" (e) A member of the board may be removed by a vote of seven members for malfeasance in office, persistent neglect of orinablllty to perform duties and for no othercause.

"(f) Within siX months folloWing the appointment of all members of the board, theboard shall appoint an advisory councll. Theadvisory councll membership shall includepersons who meet the cllent-elig1bUity standards described in section 905(a) (2) and representatives of the organized bar. The councll shall be convened by the president of thecorporation, at least twice annually, and shallrender advice to the corporation on matterspertaining to the corporation's activities.

"OFFICERS AND EMPLOYEES

"SEC. 903. (a) The board shall appoint thepresident of the corporation, who must be amember of the bar of the highest court of ajurisdiction and shall be a nonvoting. exofficio member of the board, and such otherofficers as may be necessary. No officer of thecorporation may receive any salary or othercompensation for services from any sourceother than the corporation during his periodof employment by the corporation. All officersshall serve at the pleasure of the board.

"(b) The presiden,t of the corporation,subject to general policies established by theboard, may appoint, and remove such employees as may be necessary to carry out thepurposes of the corporation.

"POWERS, DUTIES, AND LIMITATIONS

"SEC. 904. (a) To the extent consistentwith this Act, the corporation shall have theusual powers conferred upon a nonprofitcorporation by the District of Columbia Nonprofit Corporation Act.

"(b) In addition to the powers conferredby subsection (a) , the corporation shall have,authority-

(1) to obtain grants from and to makecontracts with individuals, and private andState and local government· agencies, organizations, and institutions;

(2) to contract with or make grants to individuals, partnerships, firms, organizations,corporations, or other appropriate entities(hereinafter referred to as "recipient") forthe purpose of prOViding legal assistance toellgible clients;

re-

AS

RandolphR1bicotrSchwelkerSpongStevensStevensonSymingtonTalmadgeTunneyWeickerWilliams

McClellanMcGeeMcGovernMcIntyreMetcalfMondaleMontoyaNelsonPackwoodPastorePearsonPercyProxmlre

"ESTABLISHMENT OF CORPORATION

"SEC. 901. (a) There is authorized to beestablished in the District of Columbia anonmembership, nonprofit corporation to beknown as the 'Legal Services Corporation'(hereinafter referred to as the 'corporation'),for the purpose of providing legal servicesin noncriminal matters to persons financiallyunable to afford as ascertained pursuant toguidelines establlshed by the ccrpJration under section 905 (a) (2) (hereinafter referredto as 'eHgible clients') . The corporation shallnot be an agency or establishment of theUnited States. To the extent consistent Withthis Act, the corporation shaH be subjectto the provisions of the District of ColumbiaNonprofit Corporation Act.

"(b) The initial board of directors appointed pursuant to section 902 of this Actshall take whatever actions are necessary andappropriate to establlsh the corporation pursuant to the District of Columbia NonprofitCorporation Act.

.. (c) The corporation shall maintain itsprincipal office in the District of Columbiaand shaH, at all times, maintain therein adesignated agent to accept sen-ice of processfor the corporation. Notice to or service uponthe agent shaH be deemed notice of serviceupon the corporation.

So thejected.

The PRESIDING OFFICER. Underthe previous order the Chair recognizesthe Senator from Kentucky (Mr. COOK).

Mr. COOK. Mr. President, I send anamendment to the desk and ask that itbe stated.

The PRESIDING OFFICER. Theamendment will be stated.

The legislative clerk proceeded to readthe amendment.

Mr. COOK. Mr. President, I ask unanimous consent that further reading of theamendment tie dispensed with. I will explain it.

The PRESIDING OFFICER. Withoutobjection, it is so ordered; and, withoutobjection, the amendment will be printedin the RECORD.

The amendment, ordered to be printedin the RECORD, is as follows:

Strike out on page 87, Hne 9, down throughline 3 on page 115 (section 901) and insertin Heu thereof:

"TITLE IX-LEGAL SERVICESCORPORATION

AikenAllottAndersonBayhBellmonBennettBibleBurdickCaseCooperCottonCurtis

PRESENT AND GIVING UVE PAIRS,PREVIOUSLY RECORDED----2

Byrd of West Virginia, for.Fannin, for.

NOT VOTING-35Dominick MillerEastland MossFong MundtHansen MuskieHarris PellHartke ProutyHolllngs saxbeHruska ScottHumphrey SmithJordan, Idaho SparkmanMagnuson YoungMansfield

motion to recommit was

FulbrightGambrellGravelHartHatfieldHughesInouyeJacksonJavitsJordan, N.C.KennedyLongMathias

EagletonEllenderErvin

RothStennisTaftThunnondTower

BentsenBrookeCannon

AllenBakerBeallBoggsBrockBuckley

Nevada <Mr. BmLE), the Senator fromNorth Dakota (Mr. BURDICK), the Senator from Mississippi (Mr. EASTLAND),the Senator from Oklahoma (Mr. HARRIS) , the Senator from Washington (Mr.MAGNUSON), the Senator from Maine(Mr. MUSKIE), the Senator from RhodeIsland (Mr. PELL) , and the Senator fromAlabama (Mr. SPARKMAN) are necessarilyabsent.

I further announce that the Senatorfrom Indiana (Mr. BAYH), the Senatorfrom Indiana (Mr. HARTKE) , the Senatorfrom South Carolina (Mr. HOLLINGS),the Senator from Minnesota (Mr. HUMPHREY), the Senator from Montana (Mr.MANSFIELD), and the Senator from Utah(Mr. Moss) are absent on official business.

I further announce that, if present andvoting, the Senator from Indiana (Mr.BAYH) , the Senator from North Dakota(Mr. BURDICK), and the Senator fromOklahoma (Mr. HARRIS) would each vote"nay.It

I further announce that, if present andvoting, the Senator from Mississippi (Mr.EASTLAND) would vote "yea."

Mr. GRIFFIN. I announce that theSenator from Vermont (Mr. AIKEN), theSenator from Colorado (Mr. ALLOTT),the Senator from Oklahoma (Mr. BELLMON), the Senator from Utah (Mr. BENNETT) , the Senator from New Jersey (Mr.CASE), the Senator from New Hampshire(Mr. COTTON), the Senator from Nebraska (Mr. CURTIS), the Senator fromOhio (Mr. SAXBE), the Senator fromPennsylvania (Mr. SCOTT), and the Senator from Maine (Mrs. SMITH) are absent on official business.

The Senator from Colorado (Mr.DOMINICK), the Senator from Hawaii(Mr. FaNG), the Senator from Wyoming(Mr. HANSEN), the Senator from Idaho(Mr. JORDAN), and the Senator fromNorth Dakota (Mr. YOUNG) are necessarilyabsent.

The Senator from Nebraska (Mr.HRUSKA) and the Senator from Iowa (Mr.MILLER) are absent to attend funeral ofthe Honorable Bourke B. Hickenlooper.

The Senator from Kentucky (Mr.COOPER) , the Senator from South Dakota(Mr. MUNDT), and the Senator from Vermont (Mr. PROUTY) are absent becauseofmness.

If present and voting, the Senator fromNebraska (Mr. HRUSKA) and the Senatorfrom Maine (Mrs. SMITH) would eachvote "yea."

On this vote, the Senator from Iowa(Mr. MILLER) is paired with the Senatorfrom New Jersey (Mr. CASE). If presentand voting, the Senator from Iowa wouldvote "yea" and the Senator from NewJersey would vote "nay."

The result was announced-yeas 17,nays 46, as follows:

[No. 218 Leg.)YEAS-17

Byrd, Va.CookDoleGoldwaterGriIDnGurney

NAY8--46ChilesChurchCranston

September 9, 1971 CONGRESSIONAL RECORD - SENATE 31231(3) to represent the collective interests of

the eligible clients under this Act beforeFederal agencies 'with a view to identifyingand resolving Issues which might otherwiseresult In multiple litigation arising out ofthe administration of the agencies' programs;

(4) to accept gifts, devises, and bequestsnot inconsistent with the purposes of the corporation; and

(5) to undertake, either directly or by grantor contract:

(A) research;(B) training and technical assistance;(C) to serve as a clearinghouse for In

formation; relating to the delivery of legalservices under this Act.

"(c) (I) The corporation shall have authority to Insure the compliance of recipientsand their attorneys with this Act, the corporate charter and bylaws and to terminatefunding where a recipient fails to comply.

(2) IT an attorney participating in a program funded by the corporation violates theprovisions of thIs Act or the charter, bylaws,or guidelines of the corporation, the recipientshall take appropriate disciplinary action.

(3) The corporation shall not InterfereWith any attorney In carrying out his professional responsibility to his client or abrogate the authority of a particular jurisdiction to enforce the applicable standards ofprofessional responsibility which apply tothe attorney.

"(d) The corporation shall have no poweror authorlty-

(I) to Initiate or defend litigation on behalf of cllents other than the corporateentity Itsel!;

(2) to undertake to Infiuence the passageor defeat of any legislation by the Congress or State or local legislative bodies byrepresentations to such bodies, their members or their committees, unless such bodies,their members or their committees requestthat the corporation make representationsto them.

"(e) (1) The corporation shall have nopower to issue any shares of stock, or to declare or pay any dividends.

(2) No part of the Income or assets of thecorporation shall Inure to the benefit of anydirector, otlicer, or employee except as salaryor reasonable compensation for services.

(3) The corporation may not contributeto or otherwise support any political partyor candidate for elective public otlice.

"CORPORATE GRANTS AND CONTRACTS

SEC. 905. (a) With respect to contracts orgrants to provide legal assistance to eligibleclients, the corporation shall-

(1) Insure the maintenance of the highestquallty of service and professional standards, adherence to the preservation of attorney-client relationships, and the protection o! the Integrity of the adversary processfrom any impairment in furnishing legalservices to eligible cHents.

(2) Establlsh guldellnes to insure thateligibility of cllents wlll be determined byrecipients on the basis of factors whichinclude:

(A) the assets and income level of thecHent;

(B) the fixed debts, medical expenses, andother factors which affect the cllent's abllltyto pay;

(C) the size of the client's family;(D) the cost of llving in the locality; and(E) such other factors as relate to finan-

cial inabll1ty to afford legal assistance;and establish priorities to Insure that thoseleast able to afford legal services are givenpreference in the furnishing of such services.

(3) Establish a graduated schedule of feeswhich will require the client, If able, to payat least a portion of the cost of legill services,based on the factors enumeratetl in paragraph (2) of this SUbsection.

(4) Insure that grants or contracts aremade in such a way as to provide adequate

legal representation to persons in both urbanand rural areas.

(5) Insure that attorneys employed fulltime In legal service programs funded by thecorporation represent only eligible clientsand refrain from any outside practice of law.

(6) Insure that all attorneys refrain fromundertaking to infiuence the passage or defeat of any legislation by the Congress orState or local legislative bodies by representatives to such bodies, their members ortheir committees, while engaged in activitiescarried on by legal service programs fundedby the corporation, unless such bodies, theirmembers, or their committees request thatthe attorney make representations to them;and that attorneys employed full time bylegal services programs funded by the corporation refrain from such lobbying at anytime, unless such bodies, their members, ortheir committees request that the attorneymake representations to them.

(7) Insure that all attorneys, while engaged in activities carried on by legal servIces programs funded by the corporation, refrain from-

(A) any partisan political activity asso·clated with a candidate for a public or partyotlice or an issue specifically Identified witha National or State political party;

(B) any activity to provide voters or prospective voters with transportation to thepolls or provide similar assistance in connection with an election (other than legal representation In civil or administrative proceedings); or

(C) any voter registration activity (otherthan legal representation), and insure thatattorneys employed fUll-time in legal servicesprograms funded by the corporation refrainfrom the above enumerated activities at anytime.

(8) The corporation shall establish gUldellnes for a system for review of appeals to beimplemented by each recipient to insure theefflclent ut1l1zation of resources and to prevent the taking of frivolous and duplicativeappeals.

"(b) No funds made available by the corporation pursuant to this Act, either bygrant or contract. may be used-

(1) To provide legal services With respectto any criminal proceeding (including anyextraordinary writ, such as habeas corpusand coram nobiS, designed to challenge acriminal proceeding);

(2) For any of the polltlcal activities described in paragraph (7) of subsection (a)of this section; or

(3) To award grants or enter into contracts with so-called "publlc Interest lawfirms" which intend to expend at least 75per centum of their resources and time lltlgating Issues either In the broad interestsof a majority of the publlc or in the collective Interests of the poor, or both.

"(c) In making contracts or grants forlegal assistance, the corporation shall insurethat any recipient organized solely for thepurpose of prOViding legal services to eligiblecllents Is governed by a body consisting of amajority of lawyers.

"(d) The corporation shall monitor andevaluate recipient programs in order to Insure that the purposes of this Act and thecharter and bylaws of the corporation arecarried out.

"(e) Grants and contracts pursuant to thisAct shall be made or refused by the president of the corporation. but the board shallhave authority to establish, by rules, whichclasses of grants or contracts it wishes toreview and approve prior to such action bythe president.

"(f) At least thirty days prior to the corporation's approval of any grant or contractappllcation, the corporation shall notify theChief Executive Otlicer of the State, Commonwealth, District of Columbia, or possession in which the recipient will 01l'er legalservices. Notification shall include a reason-

able description of the grant or contractapplication.

"RECORDS AND REPORTS

"SEC. 906. (a) The corporation shall haveauthority to require such reports as it deemsnecessary from recipients With which it hasmade contracts or grants.

"(b) The corporation shall have authorityto prescribe the keeping of records with respect to funds prOVided by grant or contractand shall have access to such records at allreasonable times for the purpose of insuringcompllance With the grant or contract.

"(c) The corporation shall publish anannual report by April 15 of each year whichshall be filed by the corporation With thePresident, the Congress, and the Commissioner of the District of Columbia.

uAUDITS

"SEC. 907. (a) The accounts of the corporation shall be audited annually. Suchaudits shall be conducted in accordance withgenerally accepted auditing standards byIndependent certified public accountantswho are certified by a regulatory authorityof a State; except that for the period ending December 31, 1975, such audits may alsobe conducted by:

"(I) Independent public accountants whoare not certified but who are licensed topractice by a regulatory authority of a State;or

"(2) Independent public accountants who.although not so licensed or certified, meet,In the opinion of the board, standards ofeducation and experience representative ofthe highest prescribed by the licensing authorities of the several States which prOVidefor the continuing licensing of publlc accountants and Which are prescribed by theboard in appropriate regulations; prOVidedthat If the board deems It necessary in thepublic Interest, It may prescribe, by regulation, higher standards than those requiredfor the practice of public accountancy bythe regulatory authorities of the States.

"(b) The audits shall be conducted at theplace or places where the accounts of thecorporation are normally kept. All books, accounts, financial records, reports, files andother papers, things or property belongingto or in use by the corporation and necessaryto fac1l1tate the audits shall be made available to the person or persons conductingthe. audits; and full facilities for verifyingtransactions with the balances or securitiesheld by depositories, fiscal agents, and CllS

todians shall be afforded to such person orpersons. The report of the annual audit shallbe filed with the General Accounting Offlceand shall be available for pUbllc inspectionduring business hours at the principal otliceof the corporation.

"(c) In addition to the annual audit, thefinancial transactions of the corporation forany fiscal year during which Federal fundsare available to finance any portion of itsoperations may be audited by the GeneralAccounting Otlice in accordance with suchrules and regulations as may be prescribedby the comptroller General of the UnitedStates. Any such audit shall be conductedat the place or places where accounts of thecorporation are normally kept. The representative of the General Accounting Otliceshall have access to all books, accounts,records, reports, files, and all other papers,things or property belonging to or in use bythe corporation pertaining to its financialtransactions and necessary to facllltate theaudit, and they shall be afforded full facll1ties for verifying transactions with the balances or securities held by depositories, fiscal agents. and custodians. All such books,accounts, records, reports, files. papers andproperty of the corporation shall remain inthe possession and custody of the corporation. A report of any such audit shall bemade by the Comptroller General to the Congress and to the President, together with

31232 CONGRESSIONAL RECORD -SENATE

such recommendations with respect theretoas he shall deem advisable.

"(d) The corporation shall have a rIghtto require an audit report from any recipientof a grant or contract With respect to fundsreceived from the corporation. The Comptroller General of the United States shallhave access to such reports and may, In addition, inspect the books, accounts, records,files, and all other papers, things, or propertybelonging to or in use by the recipient, Whichrelate to the disposition or use of funds received from the corporation. Notwithstandin'" this subsection, neither the corporationno~ the Comptroller General shall have access to Individual case records subject tothe attorney-cllent privilege.

"FINANCING"SEC. 908. There is authorized to be ap

propriated such sums as may be necessaryto carry out the activities of the corporation.The first such appropriation may be madeavailable to the board at any time after sixor more members have been appointed andquallfied, notwithstanding that incorporation may not yet have been accompllshed.SUbsequent appropriations shall be forthree-year periods or such other periods asappropriation Acts may designate, and, iffor more than one year, shall be paid to thecorporation in annual Installments at thebeginning of each fiscal year In such amountsas may be specified in the appropriation Acts.

"RIGHT TO REPEAL. ALTER, OR AMEND

"SEC. 909. The right to repeal, alter, oramend this title at any time Is expressly reserved."APPLICABILITY OF OTHER PROVISIONS OF LAW

"SEC. 910. In the absence of specific reference to this title, the provisions of othertitles of this Act (and references to this Actin other statutes) shall not be construed toalIect the powers and activities of the corporation or to have any applicability withrespect to programs and activities assistedby j,he corporation." .

SEC. 9. The Economic Opportunity Act of1964 (78 Stat. 508) Is further amended (42U.S.C. 2701 et seq.) by striking out paragraph (3) of section 222(a) thereof.

SEC. 10. (a) Title IX of the Economic Opportunity Act of 1964, as added by this Act,shall take elIect on the date of enactmentof this Act.

(b) Section 3 of this Act shall take elIecton (1) the date of incorporation of the LegalServices Corporation, or (2) the date onwhich the first appropriation after Incorporation becomes available to the corporation,whichever is later.

SEC. 11. Notwithstanding subsection (b) ofsection 4, grants and contracts for the provision of legal services and related activitiesWhich are made by the Office of EconomicOpportunity prior to the elIectlve date ofsection 3 of this Act shall remain valld untiltheir expiration date or their modificationor termination as provided therein: Provided,That the corporation shall succeed the Officeof Economic Opportunity as a party thereto,and shall have the same supervisory authorIty and contractual relationship with respect thereto as the Office of Economic Opportunity had on the clay prior to the elIective date of section 3 of this Act. The Officeof Economic Opportunity shall cause to bepaid promptly to the corporation the portionof Its unexpended balances equal to the unpaid balance of such grants and contracts.

SEC. 12. In employing its personnel, thecorporation shall give due consideration tothose persons employed In the Office of LegalServices of the Office of Economic Opportunity on the elIective date of this Act.

Mr. BYRD of West Virginia. Mr. President, will the Senator yield for an inquiry?

Mr. COOK. I yield.Mr. BYRD of West Virginia. Is it the

Senator's intention to ask that the yeasand nays be ordered?

Mr. COOK. Yes.Mr. BYRD of West Virginia. Will the

Senator make the request now?Mr. COOK. I ask for the yeas and nays.The yeas and nays were ordered.Mr. BYRD of West Virginia. Mr. Presi

dent, will the Senator yield for a further parliamentary inquiry?

Mr. COOK. I yield.Mr. BYRD of West Virginia. Is it the

intention of the Senator from Kentuckyto ask for additional time from those whocontrol time on the bill?

Mr. COOK. I would think it might benecessary, yes; but at this time I do notknow.

Mr. BYRD of West Virginia. I madethe inquiry for the purpose of indicatingto the Senator that if he stays withinthe time allotted on the amendment therollcall vote would occur before the Senate proceeds to the other body, but if theSenator requires additional time-andthe Senator is entitled to additional timeif he wants it and those in control ofthe time are entitled to give the Senatoradditional time-the vote would then goover until after the joint meeting withthe House of Representatives.

I thank the Senator for yielding.

ORDER OF BUSINESSMr. McGOVERN. Mr. President, will

the Senator yield?Mr. COOK. I yield.Mr. McGOVERN. Mr. President, I re

spectfully ask unanimous consent thatS. 2464, the bill I introduced just beforethe recess, be l'eferred to the Committeeon Post Office and Civil Service.

Mr. BYRD of West Virginia. Mr. President, I do not like to interject, but I mustobject because this constitutes morningbusiness and the Pastore germanenessrule is still in operation.

Mr. McGOVERN. I misunderstood thesituation. I thought the request was inorder.

The PRESIDING OFFICER. Objection is heard.

ECONOMIC OPPORTUNITY AMENDMENTS OF 1971

The Senate continued with the consideration of the b1l1 (S. 2007) to providefor the continuation of programs authorized under the Economic Opportunity Act of 1964, and for other purposes.

Mr. COOK. Mr. President, this amendment is identical to S. 1769, a bill I introduced along with Senators BAKER,SCOTT, TAFT, and WEICKER on May 5. Itsubstitutes the language of S. 2007,starting with title IX at line 9 on page 87,and running through line 3 on page 115.

The National Legal Services Corporation which is set up in the committeebill actually represents an anomaly thatI do not understand. We first have afive-man incorporation board whichthen appoints an ll-man Clients Advisory Council, then appoints an ll-manAttorneys Advisory Council, then a 15-

member board of directors which thenappoints a five-member executive committee.

I am not sure how any corporation isgoing to function under this procedure,but let me get to some of the other serious problems involved here. Under this15-man board, th.e President allegedlyappoints nine members. In reality, however, he only appoints four because threeof his appointees must come from a listof 10 SUbmitted by the Client AdvisoryCouncil, and two of his nine membersmust be appointed from a list of 10 submitted by the Project Attorneys AdvisoryCouncil. So in effect the advice and consent of the President's appointmentsreally only affect four of a 15-memberboard of directors.

Second, it is rather strange, and Ithink there is a serious constitutionalquestion because of the 15-member boardthe Senate is asked to advise and consent on only nine of them, and six ofthem become automatic direct appointments of specific individuals as a resultof the offices they hold in private life.

Remember, Mr. President, this Commission is going to handle, if this billpasses, an annual appropriation of $61million. They are not accountable to thepublic, but accountable to the individualorganizations from which they come.

I believe in legal services for the poor,as I think everyone in the Senate does.However, we do not know if all of theseindividuals automatically appointed alsobelieve in this concept. Because this billis mandatory and because this bill provides that part of the board must bethe president of the American Bar Association, the president of the National BarAssociation, the president of the American Trial Lawyers Association, the president of the Association of American LawSchools, and the president of the National Legal Aid and Defender Association, what do we do if these respectiveindividuals are opposed to legal services,or are opposed to the concept of legalservices as expressed by the Congress inthis bill. What do we do then if thisboard, which is supposed to operate andbring these things into existence is opposed to the concept of legal services?We find ourselves in a position where wehave frozen ourselves to named individuals and there is nothing we can doabout it.

Third, and I seriously raise the question because I think it is important, whatof the potential conflict of interest ofthese board members who come from thepresidents of the various organizations.We have three who come from the ClientsAdvisory Council, and three from theProject Attorneys Advisory Council. SuPpose all of these members are within theframework of organizations which aredirect grantees of funds that will be appropriated under this act. What do wedo with the people on the 15-memberboard who are direct grantees and whohave a direct conflict of interest and areon the board. and from organizations receiving funds as a direct contributionof funds appropriated under this act?

Mr. President, one of the most important questions is the constitutionality ofthe Congress taking for itself the naming

September 9, 1971 CONGRESSIONAL RECORD -SENATE 31233of the members of the board of directorsof the Legal Services Corporation anddelegating such authority to privategroups and to the Chief Justice of theUnited States.

The Constitution's deliberate separation of powers is one of the most impOltant, fundamental principles of theAmerican system of justice, and eachbranch of the Government is bound torespect it. Histolical and constitutionalprecedent suggests that S. 2007 is inimical to our system of government. Backin the 1920's, the Philippine legislaturehad created two corporations, the vastmajority of the shares of both being heldby the Government, and the legislaturevested the voting power in a board consisting of the Governor General, thePresident of the Senate and the Speakerof the House. Relying on provisions ofthe Organic Act which established aseparation of powers very similar to thatin the U.S. Constitution, the SupremeCourt of the United States held that thelegislature had acted unlawfully and inrendering its decision said that-

It may be stated then. as a general ruleinherent in the American constitutionalsystem, that, unless otherw1se expresslyprovided or incldental to the powers conferred. the Legislature cannot exercise eitherexecutive or judicial power ...

Legislative power, as distinguished fromexecutive power, is the authority to makelaws, but not to enforce them or appoint theagents charged with the duty Of such enforcement. The laUer are executive functions." Springer v. Government of the Philippine Islands, 277 U.S. 189, 201, 202 (1927).

This case is directly related to section904 of the legal services title, and castsgrave doubt upon the constitutionality ofthat section. The Legal Services Corporation, although stated to be independent of the executive branch, willbe carrying out Executive functions. Asa matter of fact, it will be charged withcarrying out a law, passed by Congress,which provides for a nationwide programfunded by general tax revenues. It willbe performing the same functions asthose currently performed by the Officeof Economic Opportunity, which is partof the executive branch. As previouslYquoted, the power to appoint the agentscharged with enforcing the laws is anExecutive power. By providing that private groups and the Chief Justice mayappoint Directors of the Legal ServicesCorporation, the section grants away apower which constitutionally belongs tothe President.

It may be argued that Congress haspreviously established independent entities and either appointed the individuals responsible for administering themor delegated that power outside the executive branch without challenge. However, I believe that closer examinationwill reveal that none of these provides aprecedent for the action contemplated inthis bill. Either these other entities werelegislative or judicial in function, or theywere not funded by general tax revenues,or they had other charactPristics whichwould not bring them within the generalconstitutional doctrines enumerated inthe Springer dec;sion.

Let me bring one other case to theattention of Senators which deals withthis matter, because in section 906<h),

as presently in the bill, if Senators willtum to page 103, it provides:

No funds made available by the Corporation pursuant to this title shall be used toprovide legal services With respect to anycriminal proceeding (including any extraordinary writ. such as habeas corpus orcoram nobis, designed to challenge a crimInal proceeding) except, pursuant to guidelines established by the Corporation, to provide services not otherwise adequatelyavallable.

We have discussed this matter in thisbody on many, many occasions, with respect to legal services under the LegalServices Act for criminal matters. I referthe Members of the Senate, for instance,to the May Day activities in Washington.This means that the guidelines of theCorporation-which are not subject toreview by the Senate, which are not subject to review by the OEO, which are notsubject to review by the executivebranch-can be determined and themoney of the taxpayers can be used onlegal services for any criminal activityin the United States if it is within theguidelines established by the Corporation.

I would suggest to Members of theSenate that in the substitute I have offered, under section (1), on page 10, thelanguage is as follows:

No funds made available by the corporation pursuant to this Act, either by grant orcontract, may be used-

(1) To provide legal services with respectto any criminal proceeding (in.cluding anyextraordinary writ, such as habeas corpusand coram nobis, designed to challenge acriminal proceeding.

I might say to my colleagues that S.2007 involves the setting up of a corporation which is not responsible to the taxpayers, which is not responsible to theCongress, and which is not responsible tothe executive branch. We have a boardthat is going to handle $61 million of thetaxpayers' money and be responsible toabsolutely nobody. They establish theguidelines. They are to meet with 11member committees twice a year andconceivably deal with a five-man executive committee.

I am not sure how this body was created or how it was written, but I cannotconceive of the Congress approving a15-man board, of which only nine shallreceive the advice and consent of theSenate, and six of whom shall be automatically appointed because of their position, regardless of how they feel on thematter.

I submit to my colleagues that this doesnot even make sense. I submit to my colleagues that I do not know of any suchcorporation in the entire United States.Obviously, I do not know of any privateone, and I could not conceive of any public one.

I reserve the balance of my time.The PRESIDING OFFICER. Who

yields time?Mr. MONDALE. Mr. President, on be

half of the floor manager, I yield myself3 minutes.

I wiII respond first to the point aboutcrimInal proceedings, because the pendin~ amendment would prohibit underany circumstances the right of projectattorneys to defend in any criminal matter.

Referring the Senate to page 38 of thecommittee report, the committee states:

Section 906(h) permits representation incriminal proceedings--il~cludlngp.ny extraordiJ:ary writ. such as habeas corpus orcoram nebis. designed t::> che.nenge a criminal proceeding-only-

I underline that-only-Where pursuant to guideline established

by the corporation it is determined thatsuch services are not adequately available.

The Corporation's primary purpose is torepresent eligible clients in civil matters.However, the Committee realizes that insome areas of the country, there is inadequate representation in criminal proceedings.

The Committee also realizes that even inareas where representation in criminal matters Is generally adequate, SitU3tions mayoccur in which it would be necessary andproper for programs funded by the Corporation to prOVide criminal representation. Forexample, these attorneys might be calledupon by judicial officials to relieve burdenscaused by mass arrest situations (as theyhave been under the present Legal ServicesProgram); a criminal case may arise out ofand be connected to a civil matter whichis being handled by a program funded by theCorporation. and legal services lawyers maybring cases to reform aspects of the criminal justice system which could not be handled by a pUblIc defender office.

These examples are not intended to be allinciusive. The Committee strongly believesthat the Corporation's Board of Directorsmust have the discretion to determine thosecircumstances in which criminal representation-including the filing of extraordinarywrits designed to challenge a criminal proceeding-would be permissible.

As the National Advisory Committee toLegal Services stated in its March 21, 1971report to the President:

"A restriction on cr1m1nal representation(shOUld) not be inclUded as an inflexiblecharter provision. DiffiCUlties in distinguishing between criminal and civil cases in someinstances, variances in state legislative provisions and unavallab1l1ty of competent defense services in some areas recommendthat the formulation of guidelines in thecriminal representation area be left to thediscretion of the Board of Directors."

Permit me to make it as clear as I canthat in no sense was it the intention ofthe committee to establish a new systemof public criminal defenders; but it wasrecognized that in certain circumstancesit may be necessary to permit a projectattorney to participate in criminal matters. This is essentially the system wehave today, and today there is a very,very small percentage-less than 1 percent-I believe far less than 1 percentof the activities of the legal services attorneys involved in criminal cases. Wewould anticipate that that would continue to be the case, and we only wishto have criminal representation underboard discretion for extraordinary circumstances.

There is one other paint I \\ish tomake. We had hearings-

The PRESIDING OFFICER. The Senator's time has expired.

Mr. MONDALE. I yield myself 2 moreminutes.

We had hearings before the committeeat which the president of the NationalLegal Aid and Defender Association andseveral other bar organizations testified.

Most of those witnesses-as well as theNational Advisory Committee to Legal

he must take them; andare automatically appointed bytheir positions in private life.

I suggest to my constitutionalist friend,the senior Senator from North Carolina,that I would like to know of a time whena 15-member board was approved byCongress when nine of them had to receive the advice and consent of the Senate and six of them received no consentof any kind whatever, other than the factthat they fell within the classificationor happened to hold an office in a privateorganization in the United States. Theseprivate organizations will be some of thelargest grantees of the funds that will bemade available under this program.

The PRESIDING OFFICER. Whoyields time?

Mr. NELSON. Mr. President, how muchtime do I have?

The PRESIDING OFFICER. The Senator has 5 minutes remaining.

Mr. NELSON. I yield to the Senatorfrom New York whatever time he desires.

Mr. JAVITS. Mr. President, no oneshould fail to take Senator COOK'Samendment and Senator COOK'S argument seriously. I do.

I wish him and the Senate to knowthat I submitted for the administrationmany of its proposals on this matter before the committee. It was very seriouslycontested and very seriously opposed.The measure before the Senate is a compromise worked out by the committeemembers starting from two differentpoles, our pole-that is, the minority'spole-being the administration's bill. Heand the Senate-whatever decision wedecide to make in this matter-are entitled to know why we compromised, andI should like to inform the Senate onthat score.

First, as to the nine members, it isunderstood that not only does the President have the appointment of the four,but also, the Chief Justice of the UnitedStates has the fifth. I do not think anyof us would oppose that. He, for exam-

The PRESIDING OFFICER. All of the pIe, is the Chairman of the SmithsonianSenator's time hLos expired. Institution, as a matter of law.

Mr. COOK. I ask for time on the bill. As to the members to be appointedMr. JAVITS. I yield the Senator from from panels submitted by the Clients'

Kentucky 3 minutes on the bill. Advisory Council and the Project At-Mr. COOK. Which gets down t{, the torneys' Advisory Council, it is under

very situation I have brought up, that stood that the President can reject asthe funds could be used for the entire many of those lists as he wishes, and theysituation that occurred here, or other sit- are lists of 10.uations of mass arrests. This is not what Therefore, for all practical purposeslegal services were designed for, or con- you have to suit the President beforetemplated for. you can get those members appointed.

The Senator said that they should be I think it is not an unfair compromise,responsible to the President. I might sug- that that point of view of the client, himgest that the President is responsible to self, in this kind of situation, and thethe people; $61 million of the people's project attorney, should be representedfunds is going to be expended here, and with great latitude on the part of thethe Senator wishes an independent board, President to reject the nominations. Thewhich is not responsible to the people, President can reject-I state that as awhich is not responsible to Congress, matter of legislative interpretation, aswhich is not responsible to the President, this is the compromise I worked out myto have the absolute freedom to expend self along with Senators TAFT and$61 million on legal services. SCHWEIKER-as many of those panels as

he chooses.I get back to the same point: Out of a As to the officials of the various orga-

15-member board, the President of the nizations, again, it was quite a struggle toUnited States really appoints only four; include those. I wanted the designees ofbecause, although it says he shall appoint the particular officials included, and thatnine, three of them shall come from the was finally incorporated into the lanclient adVisory committee, which he must guage. But I should like to point out to mytake out of 10; two of them come from colleagues that we have a very strict pro-

the attorneys' advisory committee, and vision in respect of confiicts of interest,

law, I believe there should be the samesystem of justice for the poor as for therich, and that primarily means the availability of an independent attorney, qualified and capable, and authorized to pursue all remedies available to him underthe law.

That 15 why I strongly oppose theamendment offered by the Senator fromKentucky.

Mr. COOK. Mr. President, I havelistened to the Senator's statement withgreat interest, because I believe in theseservices. I am not here to argue aboutessential justice, and I think the Senatorknows I am not.

I am delighted that what the Senatorread from page 39 shows that what Isaid was correct, that this does meanlegal services can be utilized for criminalprosecutions and to defend in criminalactions, and although th~ Senator spokeof "extraordinary circumstances," thelanguage of his bill says that-

No funds made available by the Corporationpursuant to this title shan be used to provide legal services with respect to any crimInal proceeding (including any extraordinarywrit, such as habeas corpus or coram nobis,designed to chanenge a criminal proceeding)except, pursuant to guidelines establishedby the Corporation, to provide services nototherwise adequately avallable.

This does not say "extraordinary circumstances." It merely says that a corporation which is free of the scrutiny ofCongress, which is free of the scrutiny ofthe Executive, can establish guidelines,and can provide that some of the $61million-can be used in defense of criminal actions against individuals.

My substitute says that none of it shallbe used for that purpose. As a matter offact, I am delighted that the Senator readfrOI:l the report in regard to my remarks,because the committee itself said:

For example, these attorneys might becaned uponby Judicial officials to relieve burdens caused by mass arrest sl·tuations.

CONGRESSIONAL RECORD-..........., ...........

8ervices-concluded that there would beoccasions on which an attorney wouldfind it essential, under the canons ofethics, to be in a position to defend in acriminal proceeding.

It seems to me that in light of all ofthese considerations, the work of thecommittee dealing with these difficultquestions of handling criminal offenseswas the proper way to proceed.

There was also a question about theconstitutionality of this proposal. I donat believe there is any doubt that it isconstitutional. We have many, manysuch boards. Howard University is governed by a board made up of alumni,students, and faculty. Gallaudet Collegeis governed by 18 private citizens appointed by a congressional board. TheRailroad Retirement Board, which administers a massive program, is appointed in part from persons recommended by employees and carriers. TheAppalachian Regional Commission ismade up of representatives other thanthose appointed by the President.

The PRESIDING OFFICER. The Senator's additional time has expired.

Mr. MONDALE. I yield myself 2 moreminutes. The Farmers' Land Bank ismade up of a board of directors from individual banks selected by the members.The Comsat Corp. is made up ofmembers of a board appointed by thecommunication common carriers and bystockholders. And the enormous FNMACorporation is governed by a board, 10 ofwhom-a majority-are selected bystockholders.

The key question, of course, 15 whetherwe are going to have an independentboard of directors, so that, to the fullestextent possible, these legal services attorneys are going to be free to serve onlythe interests of their clients-as do otherattorneys-or whether it will be a boardwhich has been established for the purpose of imposing certain political andother restrictions upon the activities ofthese attorneys.

I feel very strongly that there shouldbe an independent board. The NationalAdvisory Committee to Legal Services,which reported this legislation to thePresident of the United states, felt thesame way; it called for legislation almostidentical to the committee bill. To saywe have ·got two systems of justice inAmerica, one for the rich-where theycan go out and hire their own lawyer,who 15 not only free but who, under thecanons of ethics, must pursue all remedies on behalf of his client-and thenanother system for the poor-which isdominated by a board selected by thePresident of the United States, and assuch will be answerable to him and thuswill be under political restraints andthe other restrictions on the attorneyfound in the administration's bill-is tosay to the poor, "We want you to believein law and order, we want you to believein a system of justice, we want you totake your grievances to court, we wantyou to get out of the streets, we want youto abandon Violence, and we will decideunder what terms and under what circumstances you will be permitted to makeyour case."


Mr. MONDALE. Under our system of

September 9, 1971 CONGRESSIONAL RECORD -SENATE 31235and that occurs in subsection (0 on page95, which provides:

No member of the board may participatein any decision, action, or recommendationwith respect to any matter which directlybenefits that member or any firm or organization with which that member is thencurrently associated.

In the event there is a dil ect conflictof interest, they will disqu~lify themselves.

One further point in that regard:Should any of these officials be opposedto legal services-they are men of distinction and honor in respect of theseorganizations-and be unwiiling to serveor even to appoint a designee, the boardsimply would have to function with asmany members as it has; and it has anadequate number of members to represent a quorum in order to enable it todo business. It is not unusual that particular places may have remained unfilled.

In conclusion, I believe that the schemefor the establishment of the board is asound one. But I say frankly to the Senate that it represented a compromise between very opposing views. The majority,as represented by Senator MONDALE,would have named-literally named-onan organizational basis practically all thedirectors, and our attitude was to havethe President appoint them, subject inmany cases, to Senate confirmation.

I respectfully submit that we strucka fair middle ground.

Mr. President, we have thus specifiedBoard composition in terms of the threemajor groups-the organized bar, theclients, and the project attorneys notonly to provide a safeguard against political influence, but to increase the effectiveness of the program.

One of the truly heartening aspects ofthe history of the legal services programhas been the support that it has enjoyed-through its many battles-by theorganized b!U'. This in itself is an affirmative of our system of justice, and itshould continue.

It is essential, therefore, that the Corporation be given not only the prestigebut the input of the heads of the majorbar organizations.

And so it is true also of the clients andproject attorney elements. For a program that does not have their confidencecannot succeed and a program whichdoes not have their input in terms of direction cannot retain its relevancy tothose that are to be served, as stated byGeorge W. Moore, appearing on behalfof the National Clients Council beforethe subcommittee on October 9, 1970:

We clients did not start our believingblindly that the law was our friend, that thecourts would do justice, and that iawyerswere fighters for equal Justice for the poor.In fact, we started by fearing the law asthe enemy; fearing lawyers and the courtsas part of a system Which repossessed ourfurniture, evicted us, garnished our salaries, and sent our children to reform schools.This program has won tbe trust.r-a precarious trust, but a growing trust, among minority groups, What makes this even moreamazing is that the legal profession is over98 % wbite. And we hardly need tell you thatracism in this country bas bred extreme distrust and hostll1ty. Yet, the clients havecome to trust this program because the lawyers in it fight for us; the program staff fights

to protect its integrity; and the organizedbar fights to insure that the highest standards of professional conduct are maintained.We l,now, at least so far, that the attorneyin this program owes his full loyalty to hisclient and only to his cUent--not to somepolitician. And the clie:lt community has asaUd basis for believing that regionaUzationwUl change all this. If the poor lose faithin this program, in thepossibll1ty of equalJustice through law, then all of us know theaiternatives that remain.

Mr. President, again, in respect to representation in commission proceedings,this is a compromise which I had a gooddeal to do with fashioning. The majoritypoint of view would have made all criminal proceedings subject to legal services.I realize that that has been one of thegreat controversies raised in the legalservices program, and the compromise isbased very largely upon my experienceas an attorney general, just as SenatorCOOK is very qualified in that regard aswell. Based upon that experience, I feltthat as legal aid societies and public defenders do not adequately cover the situation throughout the country and inother circumstances of merit some opening should be afforded-with so representative a board as we had providedfor-to allow such exigencies as affectedthe poor and criminal proceedings to belooked after,

Let us remember that, so far as thepoor are concerned, this defense in criminal proceedings is probably as criticallya kind of representation as they need.Practicing lawyers know that the legalaid society-public defender technique issimply inadequate in various placesthroughout the country, whatever may bethe good will involved to cover the realneed of the poor. The poor feel that mostkeenly that because they cannot be represented by high-priced lawyers; it isthey who get the penalties, it is they whoare made to take the guilty pleas, it isthey who are kept in jail for long periodsof time, because they cannot get bail,and that in this respect they are reallythe oppressed of the community.

So I felt that it was only fair, in viewof the fact that we could not arrive at asituation in which no criminal legal representation provided would be, that thiskind of provision should be made.


Mr. JAVITS. I yield myself 1 minuteon the bill.

I wish to point out that the reportstates very clearly that the primary responsibility of the Legal Services Corporation is to represent eligible clients incivil matters, so that criminal proceedings are an exception.

As to the control over this corporation, let us remember that we will haveto appropriate additional money beyondthe reservation and do it every year. Ifwe do not like it, we can either repeal thelaw or not give them any money or verylittle money. As a matter of fact, I stoodon this floor and fought the battle for theU.S. Information Agency and the Voiceof America some years ago. The thenmajority leader, a former President ofthe United States, Lyndon Johnson, cutthem to ribbons, from $140 million to $80million, because he wanted to show thatthe Senate thoroughly disapproved of

what the Director of that agency wasdoing.

So we know how to effectuate controlif we want to.

For all these reasons, with the greatest respect for-what the Senator is trying to do. I feel that we have arrived ata fairly balanced compromise, that it willwork, that it is an equitable one, andthat the amendment thereto should berejected.

Mr. COOK. Mr. President, I ask for 3minutes on the bill.

Mr. JAVITS. I yield 3 minutes on thebill.

Mr. COOK. Mr. President, I merelymean to conclude by saying that in S.2007 we have a monstrosity that startsoff with five presidents of five privateassociations throughout the UnitedStates who automatically become members of the 15-member board. We havean ll-member clients' advisory council,we have an ll-member project attorneys'advisory council, we have a 15-memberboard, and we have a five-member executive committee.

I might say again that the Presidentof the United States really has authorityto appoint only four. I will agree with theSenator from New York that they havegot to be consistent with what the President may like but, if not, they will goback to the private attorneys' counclland ask for another list, and anotherlist, and another list. It is conceivablethat this corporation could never be setup, because it is necessary that outsideorganizations submit lists to the President and he must be satisfied with threefrom one list and two from another list.If not, he can continue to send them backand it could stymie the entire system oflegal services throughout the UnitedStates. We then find out that of the ninehe must appoint five, of whom he musttake from submitted lists, only the nineare subject to the advice and consent ofthe Senate and six are subject to directappointment by reason of their position,regardless of whether they are ideologically inclined toward legal services forthe poor as defined in this bill or not. Itmakes absolutely no difference.

Second, and I repeat, it is made clearin the language of S. 2007, and in thelanguage of the report, that SUbstantialsums involved in this could be used todefend criminal prosecutions throughoutthe United States. Defense of criminalactivities was never intended to be partof the national legal services. When onereads the language of the report andwhen one remembers the situation asit occurred in Washington, D.C. last May,this bill could be used for the defense ofthose actiVities. The language of S. 2007does not say "extraordinary circumstances" as the senior Senator fromMinnesota explains, but, on page 103 ofthe bill, it merely says, "guidelines established by the corporation." Attorneys ofthe Legal Services Corporation might becalled upon by judicial officials to relievethe burdens caused by mass arrest situations, so that means that funds expendedfor legal services could be utilized forcriminal matters, which was never theintention of the basis of this legislationin the first place.

The PRESIDING OFFICER (Mr.

CONGRESSIONAL RECORD -SENATE

>-·",,-,,-'~-w··~

Septeinber.9, 1971STEVENSON). All time on the amendmenthas now expired.

ORDER FOR VOTE ON PENDING AMENDMENT

Mr. BYRD of West Virginia. Mr. President, will the Senator from Wisconsin(Mr. NELSON) yield me 1 minute on thebill?

Mr. NELSON. I yield the Senator fromWest Virginia 1 minute.

Mr. BYRD of West Virginia. May I inquire of the distinguished Senator fromKentucky (Mr. COOK) , the sponsor of theamendment, whether he would be willing to have the vote on his amendmentoccur following a brief quorum call immediately upon the return of Senatorsto the Chamber after the joint sessionand the joint meeting today.

Mr. COOK. That will be perfectlyagreeable to me.

Mr. BYRD of West Virginia. I thankthe distinguished Senator from Kentucky.

UNANIMOUS-CONSENT AGREEMENT

Mr. BYRD of West Virginia. Mr. President, I ask unanimous consent that, following the joint session and the jointmeeting today of the two Houses, therebe a brief quorum call and that upon rescinding of the quorum call, or the conclusion of the quorum call, whichevermay be the case, the rollcall vote on thepending amendment offered by the distinguished Senator from Kentucky (Mr.COOK) then occur.

The PRESIDING OFFICER. Withoutobjection, it is so ordered.

QUORUM CALL

Mr. BYRD of West Virginia. Mr. President, I suggest the absence of a quorumand ask unanimous consent that the timenot be charged against either side.

The PRESIDING OFFICER. Withoutobjection it is so ordered, and the clerkwill call the roll.

The second assistant legislative clerkproceeded to call the roll.

Mr. BYRD of West Virginia. Mr. President, I ask unanimous consent th:;t theorder for the quorum call be rescmded.


AUTHORIZATION FOR THE HONORABLE CARL ALBERT, SPEAKER OFTHE HOUSE OF REPRESENTATIVES, TO ACCEPT AND WEAR THEANCIENT ORDER OF SIKATUNA

Mr. BYRD of West Virginia. Mr. Presi-dent, having discussed this matter withthe very distinguished assistant Republican leader, I ask lmanimous consentthat the Chair now lay before the Senate,without the time being charged to eitherside on the pending bill, a message fromthe House of Representatives on HouseJoint Resolution 850.

The PRESIDING OFFICER (Mr.BENTSEN). The Chair lays before theSenate House Joint Resolution 850, whichthe clerk will state by title.

The assistant legislative clerk read theresolution as follows:

House Joint Resolution 850. Joint resolution authorizing the Honorable CARL ALBERT,Speaker of the House of Representatives, to

accept and wear the Ancient Order of Sikatuna (Rank of Datu), an award conferred bythe President of the Philippines.

The PRESIDING OFFICER. Withoutobjection, the resolution will be considered as having been read twice.

Mr. BYRD of West Virginia. Mr. President, this matter has been discussed withthe very distinguished chairman of theCommittee on Foreign Relations, theSenator from Arkansas (Mr. FULBRIGHT) ,and it is with his acquiescence that Inow ask unanimous consent, after havingalso consulted with the distinguished assistant Republican leader, that the Senate proceed to the immediate consideration of the joint resolution which honorsthe great Speaker of the House of Representatives and which authorizes him toaccept and weai' the Ancient Order ofSikatuna. an award conferred by thePresident of the Philippines.

The PRESIDING OFFICER. Is thereobjection to the immediate considerationof the resolution?

There being no objection, the resolution (H.J. Res. 850) was considered, reada third time, and passed.

Mr. BYRD of West Virginia. I thankthe distinguished Presiding Officer.

ORDER OF BUSINESS

Mr. BYRD of West Virginia. Now, Mr.President, I hope that the cloakroom willalert all Senators to the fact that theSenate will assemble as a body and willdepart from the Chamber at 12: 13 p.m.today to meet with the other body in ajoint session to hear the address by thePresident of the United States.

QUORUM CALL

Mr. BYRD of West Virginia. Mr. President, I suggest the absence of a quorumwithout the time being charged againsteither side.

The PRESIDING OFFICER. The clerkwill call the roll.

The second assistant legislative ~lerk

proceeded to call the roll.Mr. BYRD of West Virginia. Mr. Pres

ident, I ask unanimous consent that theorder for the quorum call be rescinded.


Mr. BYRD of West Virginia. Mr. President, I ask unanimous consent that thedistinguished Senator from· Louisiana(Mr. LONG) may proceed out of order for1 minute, without the time being chargedagainst either side.

The VICE PRESIDENT. Without objection, it is so ordered.

WELFARE REFORM?Mr. LONG. Mr. President, I ask unani

mous consent to have printed in theRECORD an editorial published in theShreveport Journal on September 1, 1971,entitled "Welfare Reform?"

There being no objection, the editorialwas ordered to be printed in the RECORD,as follows:

WELFARE REFORM?

We believe that Sen. Russell B. Long ofLouisiana is qUite correct in his predictionsas to Where the so-called Welfare Reformbill sponsored by the Nixon Administrationwould lead the nation.

The bUl proposes that .every family beassured of an income of $2;400 a year. This,Senator Long says, would increase the num

ber of people on welfare from the present13 million to 26 million. But this is not theend, it is only the beginning, the LouisianalaWIllaker believes.

"Where the program starts out by guaranteeing everyone $2,400, it will be politicallyImpossible to vote against a starting pointof $3,900 ir.3tead of $2,400 for the simplereason that the very administration proposing the program defines poverty level fora family of four at $3,900," Senator Long saidin a major address to the senate on Aug. 6.

If the figure of $3,900 were adopted thewelfare rolls would swell to 35 mUllon persons and that would constitute a politicalforce with tremendous power. Senator Longpredicts that in such a case welfare recipients would be asking one question atelection time: "How did this senator or thatcongressman vote when our welfare increasewas before the Congress?"

The senator's speech contains some othervery enlightening information, particularlyin the field where the government and thestates give aid to families With dependentchildren. In 1960 there was something overthree million recipients of Aid For Dependent Children. By 1970 the figure was nearing10 million, an increase of 215 per cent.

During this same period the number ofaged, blind and disabled persons receivingwelfare· assistance has increased only eightper cent.

The loading of the welfare rolls was accompllshed in part by What Senator Long describes as "welfare activists, including thegovernment-paId corps of attorneys for theOffice of Economic Opportunity." They succeeded in getting the U.S. Supreme Court toknock out state residency requirements andto abolish the man-in-the-house rule whereby a woman was not eligible for welfare assistance if an able-bodied man were residingin the same house with her.

Senator Long says that under the Nixonproposal a couple who had children but whowere not married would actually receive abonus. He takes the case of a Louisiana manwho is not married to the mother of his threechildren and who makes $5,000 a year. Theunwed mother would be eligible for $2,400 inwelfare payments. She would receive Medicaid benefits of $250 a year. Thus, the totalof the father's salary, welfare and Medicaidis $7,650. But If the couple got married theywould lose the welfare and Medicaid totaUng$2,650. This, Senator Long says, amounts toa bonus for not marrying.

"What kind of example does this set forthe children?" Senator Long asks. "If themother admits that she knows the whereabouts and identity of the father, the familyincome is reduced. Therefore she does notadmit it. Mother tells the children, 'that manover there is your father, but do not tellanybody. Keep it a secret because if the government finds out about it, we will lose ourwelfare money.' "

Senator Long goes on to say that "whilethis society claims to believe in the familyunit and the Institution of marriage ... itIs pouring out dollars by the bUlions to bringabout the opposite result. The family assistance plan does virtually nothing to discourage thIs kind of 1l1iclt family relations."

Senator Long says that he has worked for24 years to help construct the program forthe aged and disabled and he believes thoseprograms are working reasonably well. It isIn the program to assist families with dependent children that the welfare programhas gone astray so badiy that the childrenare described as its victims rather than itsbeneficiaries.

The senator believes that many mothersreceiving welfare payments really want towork and would do so if they could makeprovision for caring for their children. Heproposes expansion of child-care facilities.

Septel1Lbef' 9, 1971 CONGRESSIONAL RECORD -SENATE 31237

PRESENT AND GIVING LIVE PAIRS, ASPREVIOUSLY RECORDED-2

Byrd of West Virginia, for.Randolph. against.

NOT VOTING-36Aiken Curtis MansfieldAllott Dominick MlllerAnderson Eastland MossBaker Fong MundtBayh Hansen MuskieBellmon Harris PellBennett Hartke ProutyBible Hollings SaxbeBurdick Hruska ScottCase Humphrey SmithCooper Jordan,Idaho SparkmanCotton Magnuson Young

PercyProxmireRibicotrSchweikerSpongStevensonSymingtonTaftTunneyWilliams

PastoreRothStennisStevensTalmadgeThurmondTowerWeicker

NAY8-34JavitsJordan, N.C.KennedyMathiasMcGeeMcGovernMcIntyreMetcalfMondaleMontoyaNelsonPearson

BrookeChurchCranstonEagletonErvinFulbrightGravelHartHatfieldHughesInouyeJackson

AllenBeallBentsenBoggsBrocke,BuckleyByrd, Va.CannonChilesCook

(Mr. BURDICK), and the Senator fromWashington (Mr. MAGNUSON), wouldeach vote "nay."

Mr. GRIFFIN. I annOWlce that the.Senator from Vermont (Mr. AIKEN). theSenator from Colorado (Mr. ALLOTT) , theSenator from Oklahoma (Mr. BELLMaN) ,the Senator from Utah (Mr. BENNETT),the Senator from Tennessee (Mr. BAKER) •the Senator from New Jersey (Mr. CASE),the Senator from New Hampshire (Mr.COTTON), the Senator from Nebraska(Mr. CURTIS). the Senator from Ohio(Mr. SAXBE), the Senator from Pennsylvania (Mr. SCOTT), and the Senatorfrom Maine (Mrs. SMITH) are absent onofficial business.

The Senator from Colorado (Mr.DOMINICK). the Senator from Hawaii(Mr. FaNG), the Senator from Wyoming(Mr. HANSEN), the Senator from Idaho(Mr. JORDAN). and the Senator fromNorth Dakota (Mr. YOUNG) are necessarily absent.

The Senator from Nebraska (Mr.HRUSKA) and the Senator from Iowa (Mr.MILLER) are absent to attend the funeralof Hon. Bourke B. Hickenlooper.

The Senator from Kentucky (Mr.COOPER) , the Senator from South Dakota(Mr. MUNDT) and the Senator from Vermont (Mr. PROUTY) are absent because ofillness.

If present and voting, the Senator fromNebraska (Mr. HRUSKA), the Senatorfrom Maine (Mrs. SMITH) , and the Senator from Tennessee (Mr. BAKER) wouldeach vote "yea."

On this vote, the Senator from Iowa(Mr. MILLER) is paired with the Senatorfrom New Jersey (Mr. CASE). If presentand voting, the Senator from Iowa wouldvote "yea" and the Senator from NewJersey would vote "nay."

The result was annolillced-yeas 28,nays 34, as follows:

[No. 219 Leg.)YEA8-28

DoleEllenderFanninGambrellGoldwaterGrif1lnGurneyLongMcClellanPackwood

having expired on the amendment offered by the Senator from Kentucky andthe yeas and nays having been ordered,the clerk \\ill call the roll.

Mr. BYRD of West Virginia. Mr. President, under the agreement, there was tobe a quorum call, as the Chair had announced, and following the quorum callthere was to be a vote on the amendment.


Mr. BYRD of West Virginia. Mr. President, with the consent of the Senate, Isuggest to the cloakrooms that they announce to Senators on both sides of theaisle that at the close of the quorum callthe rollcall will ensue on the amendmentof the Senator from Kentucky, in accordance with the order entered. I thank theChair.

Mr. COOK. Mr. President, I suggestthe absence of a quorum.


The legislative clerk proceeded to callthe roll.

Mr. BYRD of West Virginia. Mr. President, I ask unanimous consent that theorder for the quorum call be rescinded.

The PRESIDING OFFICER (Mr.CHILES). Without objection, it is soordered.

In accordance with the previous order,all time having expired, the question ison agreeing to the amendment of theSenator from Kentucky (Mr. COOK). Onthis question, the yeas and nays havebeen ordered, and the clerk will call theroll.

The legislative clerk called the roll.Mr. BYRD of West Virginia (after hav

ing voted in the affirmative) . On this voteI have a pair with the distinguishedSenator from Indiana (Mr. HARTKE). Ifhe were present and voting, he wouldvote "nay." If I were permitted to vote,I would vote "yea." I therefore withdrawmy vote.

Mr. RANDOLPH (after having voted inthe negative). On this vote I have a pairwith the distinguished Senator from Mississippi (Mr. EASTLAND). If he were present and voting, he would vote "yea." If Iwere permitted to vote, I would vote"nay." I therefore withdraw my vote.

Mr. BYRD of West Virginia. I announce that the Senator from NewMexico (Mr. ANDERSON), the Senatorfrom Nevada (Mr. BIBLE), the Senatorfrom North Dakota (Mr. BURDICK). theSenator from Mississippi (Mr. EASTLAND),the Senator from Oklahoma (Mr. HARRIS) , the Senator from Washington (Mr.MAGNUSON), the Senator from Maine(Mr. MUSKIE), the Senator from RhodeIsland (Mr. PELL) , and the Senator fromAlabama (Mr. SPARKMAN) are necessarilyabsent.

I further announce that the Senatorfrom Indiana (Mr. BAYH) , the Senatorfrom Indiana (Mr. HARTKE). the Senatorfrom South Carolina (Mr. HOLLINGS), theSenator from Minnesota (Mr. HUMPHREY) , the Senator from Montana (Mr.MANSFIELD), and the Senator from Utah(Mr. Moss) are absent on officialbusiness.

I further announce that, if present andvoting, the Senator from Indiana (Mr.BAYH). the Senator from Oklahoma (Mr.HARRIS) , the Senator from North Dakota


The Senate continued with the consideration of the bill (S. 2007) to providefor the continuation of programs authorized under the Economic Opportunity Act of 1964, and for other purposes.

RECESSThe VICE PRESIDENT. Pursuant to

the previous order, the Senate stands inrecess.

At 12 o'clock and 13 minutes p.m. theSenate took a recess until the close ofthe joint session and the joint meeting.

(Thereupon, the Senate, preceded bythe Sergeant at Arms, Mr. Robelt G.Dunphy; the legislative clerk of the Senate, Mr. James L. Johnson; and theVice President of the United States,proceeded to the Hall of the House ofRepresentatives.)

(The proceedings of the joint session and the joint meeting in the Hallof the House of Representatives appear in the proceedings of the House ofRepresentatives.>

At 1: 35 p.m., on the expiration of therecess, the Senate, having returned toits Chamber, reassembled, and was calledto order by the Presiding Officer (Mr.CHILES in the Chair).


The Senate continued "ith the consideration of the bill (S. 2007) to provide forthe continuation of programs authorizedunder the Economic Opportunity Act of1964, and for other purposes.

The PRESIDING OFFICER. All time

QUORUM CALLMr. BYRD of West Virginia. Mr. Pres

ident, I suggest the absence of a quorumand ask unanimous consent that thetime not be charged against either sideon the bill.

The VICE PRESIDENT. Without objection, it is so ordered, and the clerk willcall the roll.



The VICE PRESIDENT. Without objection, it is so ordered.

"I am perfectly wllling," he continues, "tosubsidize low-income working persons, butwe must have an approach that does betterthan provide a welfare benefit for doingnothing ... We would do better to supplement an individual'S income on an hoursworked basis. For example, suppose a fatheris earning $1.20 an hour. We r:J.ght decIde tosupplement his wages by 40 cents an hour forup to 40 hours a week. With this approach hewould start receiving an add1t1onal $16 forevery week in which he worked 40 hours. Hewould receive $8 if he worked only 20 hoursand he would receive no benefit at all if heworked zero hours."

As the senator pointed out in concludinghis address to the Senate·, it is easy to makewelfare more attractive than work "but nonation, not even this one, has enough fat tosustain such an erroneous course Indefinitely."

'31238 CONGRESSIONAL RECORD-·SENATE .·····Septemb~t 9,'1971

So Mr. COOK'S amendment was rejected.

Mr. JAVITS. Mr. President, I yield 1minute on the bill to the Senator fromOhio (Mr. TAFT).

Mr. TAFT. Mr. President, I take thistime to ask unanimous consent to haveprinted in the RECORD a letter from secretary of Health, Education, and WelfareRichardson to me dated September 8,1971, including certain comments on thebill and inclUding proposed reforms foramendments to the bill on behalf of theadministration, some of which have already been covered in amendments whichI have introduced and which have beenacted on, and others which have not.

There being no objection, the materialwas ordered to be printed in the RECORD,as follows:

THE SECRETARY OF HEALTH,EDUCATION, AND WELFARE,

Washington, D.C., Sept. 8, 1971.Hon. ROBERT TAFT, Jr.,U.S. SenateWashington, D.C.

DEAR SENATOR TAFT: Pursuant to our conversations, I am enclosing a series of amendments, and justifications regarding theamendments, to S. 2007. the Economic Opportunity Amendments of 1971, which is currently before the Senate. These amendmentsWOUld, if adopted, bring S. 2007 into closerconformance with the Administration'sspecifications for child care legislation which.as you know, I submitted to the Labor andPublic Welfare Committee in my letter toSenator Walter F. Mondale of June 15, 1971.

Please note that in one Important respectthe proposed amendments do not follow ourspecifications. We still believe that the 500,000popula.tion criterion for prime sponsorshipprovides greater assurance of achieVing program quality. However, it is difficult to determine a precise population criterion whichwould assure fUlfillment of the other requirements in the b111 for prime sponsorship.Therefore, we would be amendable at thistime to adoption of the 100,000 popUlationcriterion as a minimum for this purpose.

The Administration strongly urges thatthese amendments be adopted so that asingle, system of child care can be implemented for the benefit of the Nation'schildren.

Sincerely,ELLIOT RICHARDSON,

Secretary.

MOTION To RECOMMIT CHILD CARE TITLE FORSEPARATE CONSIDERATION

The child care provisions of S. 2007 areof such importance and character that theyshould comprise a separate piece of legislation. The comprehensive child development provisions of S. 2007 would establisha service program for which children of alleconomic groups would be eligible to participate, some on a sliding-scale fee basis,and would create a delivery system whichcould be utilized for a variety of child development programs. A broad array of services are authorized and many new modelsof development programs may be created.

Because these programs will have suchfar-reaching effects on the structure of family life and pre-school education systems,they are worthy of separate attention.Further, S. 2007 contains special proVisions,such as the National Child Advocacy program, on which hearings have never beenheld. This, too, warrants further debate.

Equally Important, the new child care program which would be authorized by the proVisions of S. 2007 should not necessarily betied to the Head Start authOrity. Head Starthas been operated as an experimental program under the Economic Opportunity Act,and it was specifically directed at economi-

cally disadvantaged preschool children. HeadStart has proVided one basic model for thedelivery of child development services aimedat a specific segment of the total popUlation.. Since the programs established by S. 2007

would be dilferent from Head Start in characterand in the population ultimately to beserved, it would be inappropriate to tie thenew child development system to eXistingauthorities.

Legislation containing the breadth of programs and innovations of S. 2007 shouldstand as a separate bill and be the SUbjectof separate hearings and debate.

S. 2007AMENDMENTS

[Tllis amendment would redefine the authorityof the child development council andproject policy committee and change thenumber of parents on child developmentcouncils, but would not affect the definitionof prime sponsor.)

On page 22, strike out everything on lines12 through 20. Paragraphs (5) and (6), online 21 of page 22 and line 6 of page 23, respectively, are redesignated as paragraphs(3) and (4), respectively.

On page 28, strike out everything on line20 and insert in lieu thereof "(I) one quarter of the members of such".

On page 30, strike out everything beginning on line 12 and down through "theprime sponsor," on line 14 and insert in lieuthereof the following:

"(4) such council shall have an opportunity to review and comment on basic goals,policies, actions, and procedures of the primesponsor.

On page 30, strike out everything beginning on line 18 and down through line 22,and insert In lieu thereof the fonowlng:

"(5) such council may, upon its own initiative or upon request of a project applicantor any other interested party, conduct public hearings upon applications for financialassistance submitted by project applicantsunder this part.

On page 34, strike out on line 17 "underthe supervision" and insert in lieu thereof"With the concurrence".

On page 38. strike out everything beginning on line 5 and down through "the project applicant," on line 7 and insert in lieuthereof the folloWing:

"(5) project policy committees shall havean opportunity to review and comment onbasic goals, policies, actions, and proceduresfor the project applicant,

Sections 513, 514, 515(15) and 516(a) ofS. 2007, refer to the composition and responsibilities of child development councils andproject policy committees. Not less than 50percent of the CDC membership must beparents of children served by child development programs authorized by the bill, Withthe remainder appointed by the chief executive of the prime sponsor, subject to approvalby the parent members. The COuncil is givenresponsibility for developing the comprehensive child development plan and approvingbasic goals, policies, and actions of the primesponsor. The prime sponsor must also obtainapproval of the CDC with respect to personnel, bUdgeting, monitoring of projects, andother administrative matters. The agencydelegated by the price sponsor to implementthe comprehensive child development planWithin the prime sponsorship area is placedunder supervision of the CDC. The Council isalso authorized to conduct pUblic hearings,upon its own initiative or upon request ofa project applicant or any other party in interest. before acting upon applications forfinancial assistance submitted by child development project applicants.

Project policy committees are to be established and maintained by each child development project applicant. Not less than 50 percent of the membership of such committeesmust be parents of children served or to beserved in the project, with the remainderrepresenting the community and approved

by the parent members of the committee.The project policy committee is given responsibillty for participating in the preparation of project a.pplications and for approving basic goals, policies, actions and procedures for the project applicant.

The amendment would instead require that25 percent of the membership of a Child Development Council be parents representativeof the population to be served and that allmembers of tpe CDC be appointed by thechief executive of the prime sponsor. TheCouncil would be responsible for planningand developing a comprehensive chUd development plan, assuring the coordination ofprograms assisted under this bill with otherchild development programs within the primesponsorship area, assisting in the development of project applications, and reviewingsuch applications. The COuncil would reviewand comment on the basic goals, poliCies,actions, and procedures of the prime sponsorand could hold hearings on project applications, although it Is not required to do so.

The compOSition of project policy committees would remain as provided in S. 2007,but the responsib1l1ties of such committeeswould include participation in the preparation of project applications and review andcomment upon the basic goals, policies, actions and procedures of the project applicantrather than approval of such actions.

Limiting parent representation to 25 percent of the membership of the CDC would ensure that a broad array of public and privateagencies and of child development expertsmay be represented. It is crucial that all theagencies having responsibility over resourcesneeded by child development programs bea part of the CDC if coordination and integration of services is to occur. Under S. 2007it is possible that the elected parent members would disapprove the appoontment ofkey State or municipal agency members, thusrendering coordination and integration difficult and creating a COuncil in opposition tothe general purpose government for the sponsorship area.

By modifying the responsibilities of theCDC, the amendment would provide the opportunity for the CDC to share in declsionmaking rather than to exercise veto power.

The services for children authorized inthis bill could be delivered much more effectively If final responsibility for policy andprogram administration clearly resides withthe prime sponsor. Elfective coordination andintegration of services is most likely to occurwhen the chief elected officials who are responsible for other necessary resources haveauthority over child development programsand are held accountable for them.

However, if the chief executive of generalpurpose government is to be held accountablefor child development programs In the primesponsorship area, he must be free to makekey policy decisions and to supervise the actions of the agency designated by him to implement the prime sponsor plan. This wouldnot be possible if the CDC had authority tosupervise the agency and to block all actionswhich it did not approve.

The conduct of public hearings on projectapplications by the CDC would be optionalrather than mandatory. Public hearingscould serve as a valuable means of obtaininginformation, but to require that such hearings be held before any projects could befunded would potentially create delays inresource development at a time when rapidexpansion of child care resources will beurgently needed.

The participation of parents and community members in the preparation of projectapplications and program activities is mostdesirable if programs are to be truly responsive to local needs. However, project policycommittees should have authority to reviewand comment upon, rather than veto authority over, basic goals and policies of theproject applicant. If approval of the committee on such Issues were required prior toSUbmission to the prime sponsor of a project

September 9, 1971 CONGRESSIONAL RECORD - SENATE 31239application, many delays in the creation of

new resources may occur. Again, once a proJect had been funded, a project operatorcould not be accountable to the prime sponsor for program effectiveness if his decisionswere subject to veto by the polley committee.The amendments instead seek to strike abalance between the need for clear accountability for programs serving chil'tren and theneed for community particlpatr-h in the con-duct of such programs. '

S.2007AMENDMENTS

(This amendment limits ellgible primesponsors to States, cities, and counties withpopUlations of 100,000 or more, and Indiantribal organizations, and redefines the rolesof the prime sponsor and its child development council.)

On page 21, strike out everything beginning on llne 23 and down through line 22on page 30, and insert in lieu thereof thefoHowing:

"SEc.513. (a) The following governmentalunits shaH be ellgible for grants in supportof chlld development programs in accordancewith the provisions of this section:

"(I) any State;"(2) any city with a popUlation of 100,000

or more persons;"(3) any county With a popUlation of

100,000 or more persons; and"(4) any Indian tribal organization of a

size which the Secretary determines, in accordance with regUlations, to be sufficient toassure effective administration of a programunder this title.For purposes of this SUbsection, the population of any city or county shall be determined on the basis of the most satisfactorycurrent data avallable to the Secretary.

"(b) (1) Any governmental unit describedIn subsection (a) which desires to obtainfinancial assistance for a chlld developmentprogram authorized under this part shaH,subject to subsection (d), submit to theSecretary an application for designation asthe prime sponsor of a chlld developmentplan. Such application shall-

"(A) describe the area to be served by thechild development program of such governmental unit (hereinafter referred to as the'prime sponsorship area');

"(B) provide for the establishment of achlld development council which shaH beresponsible for planning and developing achlld development plan which meets the requirements of section 514, assuring the coordination of planning of chlld developmentprograms assisted under this part with otherchild development programs operated withinthe prime sponsorship area, and assisting inthe development of and reviewing project applications for such programs;

"(C) in accordance with regulations prescribed by the Secretary, provide adequateassurances that the costs of staff and otheradmiListrative expenses for the chlld development councll wiH not exceed 5 percentum of the total cost of child development programs administered by the primesponsor (except that the secretary may permit such expenses to exceed such 5 percentum to give special consideration to initial costs in the first year of operation ofsuch programs or to other special needs);

"(D) provide for the approval by the primesponsor of a project application submittedunder section 515;

"(E) assure, to the satisfaction of the Secretary, that such governmental unit canachieve coordination with State and localagencies to provide-

"(1) related family, social, and rehabll1tati"e services;

"(2) educational services;"(3) health (inclUding family planning)

and mental health serVices;"(4) nut:.'ition services; and

"(5) training of professional and paraprofessional personnel; and

"(F) provide for designation (with theconcurrence of the chlld development council) of an agency to implement the provisions of the comprehensive child development plan under section 514.

"(2) the chief executive officer of a governmental unit submitting an applicationunder paragraph (1) shall appoint the membership of the chUd development councllWhich shall inclUde representatives of public and private health, education, welfare,employment, and manpower and trainingagencies, and any other agencies servingchildren in the prime sponsorship area. Onequarter (rounded to the next higher wholenumber, where necessary) of the councilmembership shaH be parents of chlldrenenrolled in child development programs orparents of children who have participatedin such programs within the five years immediately preceding their selection for membershIp on the council. The oOlmcll shallselect Its chairman from among its membership.

"(3) A State shall include Within thearea to be served under its child development plan, any city or county, described insubsections (a) (2) and (3), respectively,which lies Within such State unless such cityor county has submitted an appUcation fordesignation as a prime sponsor to the Governor of such State in accordance with subsection (d).

"(c) An application for designation as aprime sponsor may be accompanied by achild development plan or by an applicationfor financial assistance for staffing of thechlld development council or comprehensiveand continuing planning for current and future child development needs Within theprime sponsorship area.

"(d) An appUcation by a city or countyfor designation as a prime sponsor, and anyaccompanying application described in subsection (c), shall first be submitted to theGovernor of the State in which such city orcounty Is located for review and comment.At the option of the Governor, his commentsshall accompany such appUcation upon itssubmission to the secretary pursuant to subsection (b).

"(e) An appUcation submitted pursuantto subsection (b) may be disapproved or aprior designation of a prime sponsor may bewithdrawn only if the Secretary, in accordance with regulations prescribed by him, hasprovided-

"(I) written notIce of his intention to disapprove such appl1catlon, or Withdraw suchdesignation, for failure to comply or continue to comply with the requirements ofthis section (or any of the undertakingsagreed to thereunder) inclUding a statementof the reasons therefor;

"(2) a reanonable time in which to submit corrective amendment to such application or undertake other necessary correctiveaction; and

"(3) notice and opportUnity for a hearing."(f) In the event that-

"( 1) a State or Indian tribal organization described in subsection (a) has notsubmitted an appllcatlon for designation asa prime sponsor under SUbsection (b), or achlld development plan under section 514.

"(2) the Secretary has not approved an application or plan so submitted, or

"(3) the Secretary has Withdrawn suchdesignation or appro:val of such plan,the Secretary shall assume the functions ofthe chief executive officer of such State orIndian tribal organization for the purpose oftaking all steps necessary under this part toassure the availab1l1ty of a chlld developmentprogram within such State or to the members of such Indian tribal organization, except that any city or county, described insubsections (a) (2) and (3), respectively.which lies within such state may, in accord-

ance with the provisions of this section, takeall appropriate steps to become the primesponsor of a child development program. TheSecretary may, for this purpose, expend suchportion of the applicable allotment undersection 503 as he deems necessary.

"lg) -In the event that the Secretary determines under section 585, with respect to aparticular locallty, to withhold a portion ofpayments which the prime sponsor wouldotherwise receive, he may approve an application SUbmitted by any public or nonprofitprivate agency or organization for designation as prime sponsor for such locallty Whichmeets the requirements of subsection (b).If no such appllcation is submitted, the Secretary shaH assume the functions of the chiefexecutive officer of the unit of governmentfor the locality for purposes of taking allsteps necessary under this llitle to assure theavallabllity of a child development programwithin such locality.

"(h) (1) If any State, city, county, or Indian tribal organization is dissatisfied withthe secretary's final action under subsection(e) with respect to the disapproval or Itsapplication submitted under this section orthe withdrawal of its designation as a primesponsor, it may, within sixty days after notice of such action, file with the UnitedStates court of appeals for the cirouit inwhich it is located a petition for review ofthat action. A copy of thepetitlon shall beforthwith transmitted by the clerk of thecourt to the Secretary. The Secretary thereupon shall file in the court the record of theproceedings on which he based his action, asprOVided in section 2112 of title 28, UnitedStates Code.

"(2) The findings of fact by the secretaryif supported by substantial evidence, shallbe conclusive; but the court, for good causeshown, may remand the case to the Secretaryto take further evidence, and the Secretarymay thereupon make new or modified findings of fact and may modify his previousaction, and shali certify to the court therecord of the further proceedings. Such newor modified findings of fact shall likewise beconclusive if supported by substantialevidence.

"(3) The court shall have jurisdiction toaffirm the action of the Secretary or to set Itaside, in whole or in part. The jUdgment ofthe court shall be subject to review by theSupreme Court of the United States uponcertiorari or certification as provided in section 1254 of title 28, United States Code:'

[Note: Since this section 513 replaces twosections (513 and 514) in the blll, section515 and all succeeding sections in part A, andall references to those sections, must be appropriately redesignated. ]

On page 40, strike out everything beginning on line 5 and down through line 8.

On page 64, strike out on Une 21 ", or anycombination," and on line 22 strike outIIthereof".

On page 69, strike out everything beginning on Une 25 and down through "corrected:' on line 6 on page 70 and insert inUeu thereof the foHowlng:"appl1cant of his findings and that furtherpayments will not be made to such sponsoror applicant (or, In his discretion, that payments will be limited to parts of the plan orproject not affected by such fallure) untilthe Secretary Is satisfied that there Is nolonger any such fallure to comply, or thenoncompllance will be promptly corrected.

sec. 513 of S. 2007, would permit any state,city, county, or other unit of general localgovernment to become a prime sponsor if Itcould comply with specific requirements.Priority for prime sponsorship would be accorded to local rather than state governmental units, and under certain circumstances nonprofit private agencies andorganizations could function as primesponsors.

The amendment would limit prime

,.. . .... "

CONGRESSIONAL RECORD - SENATEeU~bill~y to States, cities and counties withpopulations of 100.000 or more, and Indiantribal organtza.tlons. Prime sponsors wouldthus be limited to those units most capableof ensuring program quality In the projectsthey fund. Non-governmental organizationswould be el1g1ble for prime sponsorship onlywhen the secretary determined that therehad been non-compliance with plan requirements by governmental units. Prime sponsors would berequlred to demonstrate theircapacity to coordinate and integrate servicesfor chllc.ren such as educational. health andmental health, nutrition and related family, social, and rehab1l1tative services. Theywould also be required to limit the administrative overhead of their Chlld Development Counclls to 5 percent of the totalchlld development funds they administer.

State governments now have the authorIty and control over major resources necessary to ensure that comprehensive ch11d careservices are provided by project grantees.Coordination or Integration of these resources without state leadership would bemost difficult.

General purpose government of cities andcounties with populations of 100,000 or morealso control and have access to a significant array of resources and could be expected to bring about the coordinationand Integration essential to the success ofchlld care programs.

While S. 2007 alludes to capab1l1ty for coordination and integration of resources as acriterion for prime sponsorship. It does notspecify the minimum size of the governmental unit which could be considered as meeting this criterion. Thus the Department ofHealth, Education, and Welfare would be required to process a potentially large numberof applications by local units for prime sponsorship and make case-by-case jUdgmentsabout the capab1l1ty of each appl1cant In thisregard. It would be difficult and costly toprocess qUickly or fairly so large a volumeof applications without some minimum sizecut-off. One consequence of. this provisionwould be long delays In the creation of newchild care resources.

With the restrictions on el1glblllty forprime sponsorship proposed in the amendment, the Federal government would have ama:-lageable number of programs to supervise. and would thus be In a position to monitor program quality and provide neededtechnical assistance. Under S. 2007, DHEWwould be placed under great pressure to approve applications for prime sponsorship bysmall units of local iovernment and nongovernmental organizations. The Departmentwould then be responsible for monitoringthe quality of the programs of thousands.and perhaps tens of thousands, of primesponsors. The experience with Head Start,which administers programs of over 900 fullyear grantees. has demonstrated the diffiCUltyof this task and the imposslb1l1ty of themuch larger task contemplated by the expanded new system.

S.2007AMENDMENT

[This amendment would strike out FederalGovernment chlld development programs.]

On page 51 strike out everything beginning on line 6 and down through line 9on page 53.

[Note: Parts D, E, and F, which follow thisamendment, as well as the section numbersin such parts. and all reference to those partsor sections. must be appropriately redesignated.]

Part C of Title V of the EOA. as it wouldbe amended by S. 2007, would atuhorlze theSecretary to make grants for the purpose ofassisting in the establishment and operationof child development programs for the chlldren of employees of the United States Government. Clvllian employees of any agencyor group of agencies employing eighty working parents of young children would beeligible to set up an agency committee.

broadly representative of working parents,submit a plan to the Secretary, and receive80 percent of the cost of their child development program. The Secretary would distribute grants among the Sta.tes on the basisof the number of chlldren of civilian Federalemployees 111 that State In relation to thet-otal number of such ch1ldren.

We recommend that this provision bestricken from the b111. There does not seemto be any reason for the Federal Government to select this particular group of employees to receive the benefits of subsidizedchild care. If agencies of the Federal Government wish to provide child care for theiremployer. they should use the same meansthat other employers use to provide thisform of fringe benefit for employees ratherthan seeking a special subsidy for this purpose. Typically, employers consider the provision of child care fac1l1t1es as an operatIng expense of doing business In situationswhere such Incentives are needed to hire andmaintain staff.

S. 2007AMENDMENT

[This amendment would combine the authority for research and demonstration projects a.nd for child advocacy projects.]

On page 53. strike out everything beginningon line 11 and through line 9 on page 63. andInsert in lieu thereof the following:

"RESEARCH AND DEMONSTRATION PROJECTS

"Sec. 651. (a) In order to develop effectiveprograms for research In chlld developmentand focus national research efforts on suchdevelopment, to gain a fuller understandingof the effects of arganized programs uponsuch development, and to assure that the results of such research are reflected in programs affecting children, the Secretary Is authorized to make grants to or contracts withpublic or nonprofit private agencies. organizations, and institutions, and contractswith private agencies, organizations. and institutions, and with IndividUals, for researchor demonstration projects, including thosedesigned to:

"(1) test alternative methods for deliveringday care. child development. or other relatedservices;

"(2) deveolp Innovative approaches for asSisting chIldren to achieve their maximumdevelopment;

"(3) develop and test model child advocacy programs; and

"(4) develOp and test programs for trainIng adolescent youth In child development.

"(b) Payments for projects under thissection may be made for not to exceed 80percentum of the cost of such projects, except that, the Secretary may prOVide all ora part of the non-Federal share of such aproject where he finds it essential to the successfUl Implementation of such project. Suchpayments may be made (after necessary adjustment, in the case of grants, on accountof previously made overpayments or underpayments) in advance or by way of reimbursement, and In such installments and onsuch conditions, as the Secretary may determine.

"CHILD DEVELOPMENT RESEARCH COUNCIL

"SEC. 552. A Child Development ResearchCounCil, consisting of representatives ofunits in the Department of Health. Education, and Welfare (designated by the Secretary) which are concerned with child development and of the Office of Economic Opportunity and the Department of Labor, shallmeet annually or at such more frequent timesas they may deem necessary, in order to assure coordination of child development activities under their respective jurisdictionsand to carry out the provisions of section551 to assure-

"( 1) maximum utilization of available resources through the prevention of duplication of activities; and

-o-'};::7;Z;

Septe'mber)~ 1971~L".. .. _.. " .. " , " ..."..,. - ........: .. " .': -':0', ,''' .. '; .: .. : ;::- '::.-.- .... ,.

.. (2) agreement (futheextent feasible)on the use of Federal funds in support ofresearch and demonstration projects in thefield of child development.

Sections 551 and 552 of Part D In S. 2007authorize the Secretary of HEW to carry outa program of research and demonstrationprojects in child development.

Part E of the bill authorizes the creationof up to 20 il\eighborhood offices for childadvocacy in tJrder to explore the feasib1l1tyof the establishment of a national advocacysystem.

The amendment would el1minate Part Efrom the bill and Include the. developmentand testing of model chUd advocacy programs under the research and demonstration authority of Sec. 551 (a). The chUd advocacy concept is now very much In theexperimental stage. and It would be unwiseto devote a major portion of our resourcesto the one specific model of advocacy proposed In S. 2007. Under our amendment avariety of models of chlld advocacy couldbe tested and thus optimal use could bemade of the research and demonstrationfunds allocated to this effort.

Sec. 553 of Part D in S. 2007. prOVides forthe coordination of research within DREWby the OCD and establishes an Interdepartmental Chlld Development Research CouncU under OCD chairmanship.

The amendment would delete from theseprovisions the assignment to OCD of thesefunctions. Authority for assignment of COordinating responsibility within DREW andassignment of chairmanship of an Interdepartmental panel should reside with theSecretary of HEW, so that flexlbl11ty w111 remain during the development of this largenew system of child care.

S. 2007AMENDMENTS

[This amendment would prOVide for theauthorization of appropriations]

On page 10, line 21, strike out "Title" andinsert in lieu thereof "Effective with respect to appropriations for fiscal years endIng after June 30, 1972, title".

On page 13, beginning on line 4, strikeout everything down through line 15 and Insert in lieu thereof the following:

"Sec. 502. For the purpose of carrying outthis title there are authorized to be appropriated for the fiscal year ending June 30,1973. and succeeding fiscal years, such sumsas may be necessary."

On page 70 Insert between lines 16 and 17the following:

(b) For the purpose of providing training,technical assistance, planning and such otheractiVities as the Secretary deems necessaryand appropriate to prepare for the implementation of title V of. the Economic Op.portunlty Act of 1964, as amended by sub.section (a) of this section, there areauthorized to be appropriated such sums asmay be necessary for the fiscal year endingJune 30, 1972.

On page 70, strike out "(b)" on line 17and Insert "(c)" In lieu thereof.

Sec. 502(8) of S. 2007 authorizes $2,000.000,000 for the fiscal year ending June 30.1973, for the purposes of carrying out theprovisions of Title V, and $100.000,000 Is authorized In Sec. 502(b) for the fiscal yearending June 30, 1972. to prepare for implementation of this title.

We have recommended that these authorizations be stricken and that no dollaramounts be specified in the authorizations,

The Administration has proposed· a massive addition to total Federal child carefunds in H.R. 1. The total of Federal fundsnow bUdgeted for child care after enactmentof H.R. 1 is $1.2 billion, more than twicewhat was spent for this purpose in FY 1971.Even with the anticipated demand for creation of new day care resources In responseof H.R. I, It would be unreal1stlc to createthe expectation that funding levels such ascalled for by S. 2007 could be effectively uti-

Septem,bel' 9, 1971 CONGRESSIONAL RECORD - SENATE 31241lized. Sufficient facilities and trained childcare workers are not available to expand resources by this order of magnitude in such

a short period.Funding levels should be appropriate to

our capablllty to expand the child care System. Authorization of such sums as may benecessary to carry out the provisions of thebill will insure that the quality of child carewill not be impaired in an effort to expandtoo quickly.

S.2007AMENDMENTS

[This amendment would provide forcharge for child development services, basedupon a family's ability to pay.)

On page 38, strike out everything beginning on line 21 and down through liue 9on page 39 and insert in lieu thereof thefollowing:

"(8) charges for child development services provided for any child under programsassisted under this title shall be made in accordance with a fee schedule prescribed byregulations by the Secretary (which shall beconsistent with any fee schedUles for similarpurposes under the Social Security Act) forpart or all of the cost thereof based upon theability of a family to pay including the extent to which payments from a third party(Including a public agency) are available.

[This amendment would define 'economically disadvantaged child' in accordance Withcriteria prescribed by the Secretary.)

On page 64, strike out everything beginning on line 1 and down through line 6, andinsert in lieu thereof the following:

"(5) 'economically disadvantaged child'means a child of a family whose annual income is at a rate inadequate to permit thepurchase of child development services forhim, as determined by the Secretary (A) inaccordance with criteria prescribed by him inregUlations, which take into consideration,family size, urban-rural dllferences in thecost-of-living, and other relevant factors, and(B) consistent with the comparable annualincome rates in other FederalIy-assisted childdevelopment programs;

In sec. 581 (5) of S. 2007 "economicallydisadvantaged children" are defined as thosewhose fammes have an annual income belowthe lower !lving standard budget as determined by the Bureau of Labor Statistics.This income level is $6,690 for a family offour. Children of such families would beeligible for free services under Sec. 516(a) (8)of the bill.

The amendment would permit the secretary to assure consistency among all Federalchild care programs. It is essential that thedefinition of the disadvantaged, especially ifit is to be the determinant of those eligiblefor full subsidy, be consistent with definitions used in other Federally-assisted childcare programs. Otherwise, chlIdren from thesame income level might be eligible for fullsubsidy in one program and only partial subsidy in another or for subsidies of differingamounts under different programs.

The amendment would permit the definition of "economicalIy disadvantaged child"to be determined by the Secretary to conformwith definitions applicable under H.R. 1 sothat full services would be available only upto the point at which a family is no longereligible for income maintenance. A slidingscale fee schedule could then be estab!lshedunder which full SUbsidy would be providedto those receiving family assistance who areunable to contribute to the cost of care andothers haVing greater income would pay according to their ablllty to do so.

Sec. 516(a) (8) (A) would be amended sothat charges for child care under the blllwould be based on fee schedules promulgatedby the Secretary and all such fee scheduleswould be consistent with fee schedulespromulgated under relevant titles of theSocial Security Act.

It would be highly inequitable to permit

famlUes whose child care is supported byfunds authorized under this bill to receivefree services up to an income level of almost$7,000 while families whose child care is purchased with funds authorized under H.R. 1must contribute to the costs of care at a farlower level of income.

Or" equal importance, if eligiblIlty for freeservices is extended to slightly more affluentfam1Iies, fewer of the poorest children can beserved, unless funding levels are substantiallyincreased.

There is little justification for haVing lessdisadvantaged children fill available childcare spaces to the exclusion of many of thepoorest children. Moreover, the Federal government should not offer a false promise offree services to a broad universe of recipientswhen it wm be able to fund services for onlya small portion of that universe. Such a policycreates problems for potential recipients andfor States and localities already overburdenedby their attempts to meet increasing demandsfor social services.

PRIVILEGE OF THE FLOOR

Mr. JAVITS. Mr. President, I askunanimous consent that Mr. John Scalesof my staff be granted privilege of thefloor, except at the time of the rollcallvote.

The PRESIDING OFFICER (Mr.CHILES). Without objection, it is soordered.

CHILD DEVELOPMENT PROGRAM

Mr. RANDOLPH. Mr. President, I callup my amendment at the desk and askthat it be stated.

The PRESIDING OFFICER. Theamendment will be stated.

The assistant legislative clerk read theamendment as follows:

S.2007On page 55, between Hnes 3 and 4, insert

the following:"(c) In carrying out this section, the Sec

retary shall give priority to prOViding financial assistance for child development programs carried out by multicounty localdevelopment districts establlshed for purposes of the Appalachian Regional Development Act of 1965, as amended, or title Vof the PubHc Works and Economic Development Act of 1965, as amended."

Mr. RANDOLPH. Mr. President, theSenate, in passing the Appalachian Regional Development Act Amendments of1969, later enacted into law as PublicLaw 92-123, affirmed the declarationthat the Appalachian region is "uniquely suited to serve as a 'national laboratory' for early childhood developmentdemonstration programs." In keeping\\1th that characterization, the Appalachian Regional Commission, through itsmulticounty local development districts,has initiated a number of successfulchild development programs.

To expand these programs, to improveon them and develop innovations inhelping children to grow physically, socially, and intellectually, is an importantgoal of the Commission. It was the intentof Congress, expressed in the passage ofPublic Law 91-123, as I have described,to fully support this goal.

In order to assure that these Appalachian region child development programs meet their full potential, I haveintroduced an amendment to S. 2007which has been read by the clerk.

The amendment would insure that re":search and development funds availableto the Secretary under part D of title Vof S. 2007 would be used to support the

Appalachian Regional Commission's"national laboratory" child developmentprograms. Section 552(a) (2) dovetailswith the purposes and intent of theCommission's programs. That paragraphstates that research and developmentprojects shall include "research to testalternative methods of providing childdevelopment and related services, and todevelop and test innovative approachesto achieve maximum development ofchildren. . . ,"

The development of these worthwhileprojects by the Appalachian RegionalCommission must be continued, Myamendment provides the assurance thatsuch programs are not only retained andcontinued, but also that they be expanded to be more worthwhile.

Mr. President, I recall that the ableSenator from Ohio (Mr. TAFT), now occupying the Chair, had printed in theRECORD a letter from the AppalachianRegional Commission which tended tosupport the recommittal of the childdevelopment portion of the pending billin the event that agreement on the inclusion of the Commission's programson child development were not reached.

I am gratified that the Commissionhas agreed to the language which I haveoffered In the pending amendment. Itis my understanding-and I have hadthe privilege of the counsel of the ablemanager of the pending bill, the ableSenator from Wisconsin (Mr. NELsoN)that the amendment now pending isagreeable and that he feels the substanceof the subject matter is worthwhile.

Mr. NELSON. Mr. President, the distinguished Senator from West Virginiais correct. In the drafting of the bill,concerning this aspect of the measure involving comprehensive child development, there was some oversight in notrecognizing that demonstration projectsin the fiield of child development havefor the past few years been funded under the Appalachian Regional Development Act with some joint funding fromHEW funds.

I appreciate it that the Senator fromWest Virginia has called it to our attention. His amendment provides that inthe research and demonstration part ofthis bill, priority shall be given to theseprojects. So far as I am concerned, I amwilling to accept the amendment.

Mr. RANDOLPH. Mr. President, Ithank the able Senator from Wisconsin.I yield back the remainder of my time.

Mr. NELSON. I yield back the remainder of my time.

The PRESIDING OFFICER. All timehaving expired, the question is on agreeing to the amendment of the Senatorfrom West Virginia.

The amencLrnent was agreed to.Mr. RIBICOFF. Mr. President, I send

an amendment to the desk and ask thatit be stated.

The PRESIDING OFFICER. The clerkwill report the amendment.

-The assistant legislative clerk read asfollows: The Senator from Connecticut(Mr. RIBICOFF) offers the followingamendment:

On page 49, Hne I, after the period insertthe follo\\1ng:

(b) Such standards shall be no less comprehensive than the Federal Interagency DayCare ReqUirements as approved by the De-

CONGRESSIONAL RECORDpartment of Health, Education, and Welfare,

'the Office of Economic Opportunity, and theDepartment of Labor on September 23, 1968.

On page 49, line 2, delete "(b)" and insert"(c) ".

Mr. RmICOFF. Mr. President, myproposal would assure that child carestandards promulgated pursuant to titleV do not fall below certain basic stand-

,ards; namely, the September 23, 1968,Federal Interagency Day Care Requirements as developed by the Office of Economic Opportunity and the Departmentsof Labor and Health, Education, andWelfare.

I believe that my amendment will assure that quality day care standards arewritten into law rather than left solelyto the discretion of the executive branchas is the case with S. 2007. The expertson child care in the executive branchwill playa major role in the developmentof standards but Congress will be required to exercise its legislative oversight.

Too often Congress has allowed itselfto believe that the seeds of success orfailure of new social programs are to befound in the semantics of legislation. Butsuccess or failure, as we are learning,depends on implementation of programsbased on sound regulations.

By participating in more of the details of regulations; that is, by settingchild care standards to some extent, responsibility for the success or failure ofcomprehensive day care will fall on Congress.

Another reason for a stronger legislative role in standards setting arises fromrecent experience with the executivebranch involving day care standards.Earlier this summer the Office of ChildDevelopment circulated for comment ona limited basis the Revised Federal Interagency Day Care Requirements. Withthe admirable intent of improving the1968 requirements the administrationsubstantially weakened the day carequality standards necessary to becomeeligible for Federal child care funds.

For example, the Office of Child Development stated in the letter accompanying the draft revised requirementsthat "basic requirements regarding staffchild ratio have been liberalized." Whatthis means is that under the draft standards there could be fewer staff membersfor larger numbers of children. A comparison of the standards of the 1968 requirements, which my amendment requires as the minimum for standards,and the draft concerning child-staff ratios, is illustrative.

I ask unanimous consent that the accompanying charts be printed in theRECORD at the conclusion of my remarks.


(See exhibit UMr. RmrCOFF. Mr. President, under

the 1968 standards, for example, groupday care home ratios would be set at fivechildren to one adult when preschoolchildren-age 3 to 6-are involved. Nochildren under 3 could be placed in thistype of care. Under the 1971 standards asproposed by HEW the ratio would be 6to 1 and no prohibition would be placedon the inclusion of children under 3.

In day care centers the 1968 require-

ments for chilcu:en aged 3 to 6 involveda ratio of 7 to 1. The 1971 requirementswould set the ratio at 8 to 1.

One final example involves day carecenters of school-age children. The 1968standards ratio was set at 10 to 1 witha maximum group size of 25. The 1971standards set the ratio at 15 to 1 withno maximum group size.

Other criticisms of the revised requirements draft of 1971 have been raised.

Parent involvement is reduced totoken participation in cases where programs are offered by nonprofit operatingagencies and effectively eliminatedwhere programs are under profitmakingauspices.

Baby-sitting has been given the statusof a federally subsidized service underthe new title of "in-home day care" butfew standards or procedures for quality control and monitoring have beenestablished.

No attempt is made to carry over thepractical portions of the widely acknowledged Headstart Manual of Policies, noris any reference made to that manual orto other recommended standards developed by national standard-settingorganizations.

Under the announced intent of simplifying the existing requirements, thenew draft doubles the length of the 1968document and generalizes to such an extent that the requirements are incapableof enforcement on an objective hasis.

My amendment does not provide allthe answers to the need for detailed regulations covering every aspect of daycare but it does set a floor, below whichthe Department of Health, Education,and Welfare cannot go in developingcomprehensive day care regulations.

Only by assuring that a floor existsunder which day care providers cannotgo will it be possible to guarantee thatday care does not attract the irresponsible providers of care. Without suchstandards the medicare program saw theentrance of unscrupulous profiteers inthe nursing home business.

Finally, my amendment in essencewrites into the bill the language of thereport:

It is the expectation of the committee thatthese standards will be no weaker than thecurrent standards promulgated by the Federal Interagency Day Car~ Council.

I urge adoption of this amendmentwhich will fUlly promote the worthwhileobjectives of thIs comprehensive childdevelopment program.

EXHIBIT 1

1968 REQUIREMENTS

The administering agency, after determining the kind of facUity to be used, must ensure that the following limits on size ofgroups and child-to-adult ratios are observed. All new fac1llties must meet the requirements prior to Federal funding. Existing programs may be granted up to 3 yearsto meet this requirement, if evidence ofprogress and good intent is shown.

1. Family day care home:a. Infancy through 6 years. No more than

two children under 2 and no more than fivein total, including the family day caremother's own children under 14 years old.

b. Three through 14 years. No more thansix children, including the family day caremother's children under 14 years old.

2. Group day care home:

a. Three through Groups mayrange up to 12 children the child-staffratio never exceeds 6 to 1. No child under 3should be in this type of care. When preschool children are cared for, the child-staffratio should not exceed 5 to 1.

3. Day care center:a. Three to 4 years. No more than 15 in a

group with an adult and sufficient assistants,supplemented by volunteers, so that the total ratio of children to adults is normallynot greater than 5 to 1.

b. Four to 6 years. No more than 20 in agroup with an adult and SUfficient assistants,supplemented by volunteers, so that the total ratio of children to adults is normally notgreater than 7 to 1.

c. Six through 14 years. No more than 25In a group with an adult and sufficient assistants, supplemented by volunteers, sothat the total ratio of children to adults is 'normally not greater than 10 to 1.

Federal Interagency ReqUirements havenot been set for center care of children under 3 years of age. If programs offer centercare for children younger than 3, StatelicenSing regUlations and requirements mustbe met. Center care for children under 3cannot be offered if the State authority hasnot established acceptable standards for suchcare.

HEW 1971 REVISED REQUIREMENTS

In regard to those staff members directlyresponsible for superv1s1ng children, an operating agency must maintaJn the staffingratio indicated, which is appropriate to thetype of day care arrangement prOVided bythe a.gency.

In-home day care.-One adult over agetwenty-one is required. No more than onefamily of children may receive care:

1 adult for a total enrollment of one familyof chUdren.

Family day care homes--Qne adult over agetwenty-one is required. No more than sixchildren under the age of fourteen, inclUdingthe children of the caretaker, under age six,may receive care at anyone time, exceptthat no more than two chlldren under theage of two may receive care at anyone time.Children over age fourteen who receive caremust be siblings of the younger children incare:

1 adult for a total enrollment of 6 children.Group day care homes.--Qne adult over age

twenty-one is required, assisted by an additional adult over the age of eighteen whenmore than six children receive care at anyone time. No more than twelve children rna)'receive care at anyone time:

1 adult for a total enrollment of 6 children.Day care centers.-When a child under the

age of three receive care in a group, one adultover the age of twenty-one is required forevery twelve children, assisted by one adultover the age of eighteen when more than foul'children under the age of three receive careand a second adult over the age of eighteenwhen more than eight children under the ageof three receive care in the group:

1 adult for a total enrollment of 4 children;1 adult and 1 aide for a total enrollment of

5 to 8 children; and1 adult and 2 aides for a total enrollment

of 9 to 12 children.When a child over the age of three, but

under the age of six, receives care in a groupone adult over the age of twenty-one is required for every fifteen chlldren, assisted byone adult over the age of eighteen when morethan eight children receive caJ'e in the group:

1 adult for a total enrollment of 8 children;and

1 adult and 1 aide for a total enrollment of9 to 15 children.

When chlldren over the age of six receivescare in a group, one adult over the age oftwenty-one is reqUired for every thirty children, assisted by one adult over the age ofeighteen when more than fifteen children

Septel1tber 9, 1971 CONGRESSIONAL RECORD --SENATE 31243receive care and a second person over the ageof fifteen when more than twenty-five children receive care in the group:

1 adult for a total enrollment of 15 children;

1 adult and 1 aide for a total enrollmentof 16 to 25 children; and

1 adult and 2 aides for a total enrollmentof 25 to 30 children.


Mr. NELSON. Mr. President, I havediscussed the amendment with the distinguished Senator from Connecticutand I believe that the members of thecommittee are familiar with it. I thinkit is a perfectly appropriate and acceptable amendment. I am willing toaccept the amendment. I yield back theremainder of my time.

Mr. RmICOFF. Mr. President, I yieldback the remainder of my time.

The PRESIDING OFFICER. All timehaving been yielded back, the questionis on agreeing to the amendment of theSenator from Connecticut.

The amendment was agreed to.Mr. SCHWElKER. Mr. President, I

send an amendment to the desk and askthat it be stated.

The PRESIDING OFFICER. Theclerk will report the amendment.

The assistant legislative clerk read asfollows: The Senator from Pennsylvania (Mr. SCHWEIKER) offers the following amendment:

On page 10, line 8, strike "20" and Insertin lieu thereof "25".

Mr. SCHWEIKER. Mr. President,very simply, my amendment changesthe percentage of funds that the Director of Office of Economic Opportunitycan transfer from one program to an-

. other from 20 percent to 25 percent,thus giving the administration of thisprogram more flexibility.

I have discussed the amendment withthe chairman of the committee, and Ibelieve that he is agreeable to accepting the amendment.


Mr. JAVITS. Mr. President, will theSenator yield?

Mr. SCHWElKER. I yield.Mr, JAVITS. Mr. President, I think the

Senator's amendment is a very fineamendment in the way in which it meetsa critical problem. I hope very much thatthe manager of the bill is willing to accept the amendment. I would certainly,as the ranking member of our committee, compliment the Senator fromPennsylvania (Mr. SCHWEIKER), whohas been managing the pending bill soably as the ranking minority memberof the subcommittee, for having broughtthe matter up and made the point. soeffectively.

Mr. NELSON. Mr. President, the billas drafted and as it came from the committee provided for the 20-percent flexibility or transferability of the fundsin the various categories except localinitiative and local services of 20 percentfor the first year and 25 percent thesecond year.

There is not any particular rationaleto support the 20 percent for the firstyear and 25 percent for the second year.I am perfectlY agreeable to setting it at25 percent for the 2 years.

I am willing to accept the amendment.I yield back the remainder of my time.Mr. SCHWElKER. Mr. President, I

yield back the remainder of my time.The PRESIDING OFFICER. All time

having expired, the question is on agreeing to the amendment of the Senatorfrom Pennsylvania.

The amendment was agreed to.Mr. SCHWElKER. Mr. President, I

send an amendment to the desk.The PRESIDING OFFICER. The clerk

will report the amendment.The assistant legislative clerk pro

ceeded to state the amendment.Mr. SCHWEIKER. Mr. President, I

ask unanimous consent that furtherreading of the amendments be dispensedwith.


The amendments read as follows:On page 118, line 12, insert "or such other

qualified non-profit organizations with access to appropriate recreational facilities asthe Director shall determine in accordancewith regulations which he shall prescribe"before the period.

On page 118, line 14, insert "or otherqualified organizations" after "education".

On page 119. Hne 8, insert "or other qualified organizations" after "education".

On page 119, line 10, insert "or organizations" before "to".

Mr. SCHWEIKER. Mr. President, Iask unanimous consent that the amendments be considered en bloc.


Mr. SCHWEIKER. Mr. President, thepending amendment is cosponsored bythe Senator from California (Mr. CRANSTON), who is also author of the youthrecreation and sports section. Theamendment does· not in any way alterthe basic purpose of the youth recreationand sports program provision. Rather,it is intended to broaden it to includethose organizations which have access toappropriate recreational facilities andwhich are otherwise qualified to participate in a youth sports program in sucha way as to provide, to disadvantagedyouth, recreation and physical fitness instruction and competition with highquality facilities and supervision, and related educational and counseling services-including instruction concerningstudy practices, career opportunities, jobresponsibilities, health and nutrition, anddrug abuse education.

As the provision is presently writtenin the reported bill, subsection (c)-ofthe new section 227-would authorizegrants or contracts only with qualifiedorganizations of colleges and universities. Under the amendment, grants orcontracts could also be entered into with"such other qualified nonprofit organizations with access to appropriate recreational facilities" as the head of the program shall prescribe in accordance withregulations and such a qualified organization with a grant or contract couldenter into subcontracts with "other qualified organizations."

Adoption of this amendment wouldmake it possible for such organizationsas the Amateur Athletic Union-AAUand its affiliated organizations such asathletic clubs, YMCA's, YMHA's,YWCA's, and YWHA's, Boy Scouts, andcertain industrial athletic organizations,

to participate in the program either asdirect grantees or contractees, or throughsubcontracts.

However, it is clear that such organizations would have to meet all the program requirements, and that every effortshould be made to minimize administrative costs, as the NCAA has done. It isnot our intention to see Federal fundsunder this program substituted forotherwise available local expenditures forrecreation programs for disadvantagedyouth.

There is no intention through theamendment to dilute or diminish the excellent program which the National Collegiate Athletic Association-NCAA-hascarried out during the last three summers under the OEO research and demonstration authority. If additional fundsbeyond the $3 million which the NCAAhas received in the past for this programare available, serious considerationshould certainly be given to expandingthe NCAA program. Under the amendment, after an appropriate allocation hadbeen made to the NCAA, other qualifiednonprofit organizations with access toappropriate recreational facilities wouldthen be eligible for funding to carry outprograms fulfilling the purposes of theprovision.

Mr. JAVITS. Mr. President, will theSenator yield?

Mr. SCHWEIKER. I yield.Mr. JAVITS. This does seem to me to

be an excellent amendment but I wouldlike to suggest a modification to the Senator. I would like to suggest he add thewords "active in the field" after the word"organizations" each time it appears. Myreason is that we do not want to dealwith organizations which are just namesor foundations or not active in the fieldcovered herein.

Mr. SCHWEIKER. That is a good SUggestion and it is certainly agreeable tome, and I hope it is agreeable to thechairman of the committee.

I might say this amendment is alsowritten, as I discussed with the Senatorfrom California, to include groups suchas the U.S. Olympic Committee, which isalready active in the field.

Mr. JAVITS. Of course.Mr. SCHWEIKER. I accept the mod

ification.The PRESIDING OFFICER. The

amendment is so modified.The amendment, as modified, is as fol

lows:On page 118, line 12. Insert "or such other

qualified non-profit organizations active Inthe field with access to appropriate recreational faclllties as the Director shall determine in accordance with regulations whichhe shall prescribe" before the period.

On page 118, line 14. insert "or other qualified organizations active in the field" after"education".

On page 119, line 8, insert "or other quali.fied organizations active in the field" after"education".

On page 119, line 10. Insert "or organizations active In the field" before "to".

Mr. NELSON. Mr. President, I agreewith the amendment as proposed by theSenator from Pennsylvania and I have noobjection. I am willing to accept it.

I yield back the remainder of my time.Mr. SCHWEIKER. I yield back the re

mainder of my time.The PRESIDING OFFICER. All

CONGRESSIONAL RECORD-

yielded back. The question isagreeing to the amendment of the

Senator from Pennsylvania (Mr. SCHWEIKER) , as modified.

The amendment, as modified, wasagreed to.

Mr. METCALF. Mr. President, will themanager of the bill yield to me for 2minutes?

Mr. NELSON. Mr. President, I yield2 minutes of my time to the Senatorfrom Montana.

The PRESIDING OFFICER. TheSenator from Montana is recognized.

Mr. METCALF. Mr. President, on August 6, I submitted amendment No. 412to H.R. I, the social security bill, to provide that we should utilize services ofelderly individuals in the operation ofchild-care facilities and other facilities.I am delighted to find in the economicopportunity bill in section 516(a) (10)that there is such provision and that itis. stronger than the language in myamendment. The program will, "to theextent appropriate, employ paraprofessional aides and volunteers, especiallyparents, older children, students, olderpersons, and persons preparing for careers in child-development programs."

This provision would do everything Isought to do; in fact, it does a littlemore than I sought to do in my amendment.

I congratulate the committee for including the language in the bill. I willnot propose my amendment when H.R. 1comes before the Senate.

Mr. NELSON. I thank the Senator forhis remarks. The Senator from Montanahas been interested for a long time inlegislation that would afford opportunities for utilization of the talents of ourelderly citizens. As the Senator knows, inthe foster grandparents program elderlycitizens have been working very valuablyand usefully in institutions for the mentally retarded around the country, andunder the Mainstream program of theOEO Act the elderly citizens have beenused in constructive conservation workaround the country, and particularly under the Green Thumb program, of whichthe Farmers Union is a sponsor. It isthe one program in OEO where we haveyet to receive the first complaint, andwhere elderly citizens have participated,and that has been acknowledged inStates in the North, South, East, andWest. We should be expanding opportunities, as we do here, for our elder citizens.

Mr. JAVITS. Mr. President. will theSenator yield so that I may ask for theyeas and nays on final passage?

Mr. METCALF. I yield.Mr. JAVITS. Mr. President, I ask for

the yeas and nays.The PRESIDING OFFICER. Is there

a sufficient second? There is not a sufficient second.

Mr. JAVITS. Mr. President, I againrepeat my request.

The PRESIDING OFFICER. Is therea sufficient second? There is not a sufficient second.

Who yields time?Mr. NELSON. Mr. President, I yield 1

additional minute to the Senator fromMontana.

The PRESIDING OFFICER. The Senator from Montana is recognized.

Mr. METCALF. Mr. President, thechairman has outlined several areas inwhich our elder citizens have participated in existing Office of Economic Opportunity programs. The bill before usoffers further opportunity to utilize thisvast manpower pool of talent, ability,energy, and goodwill, of people who,more than anything else, want to work,participate, and join in building theircommunity or in other communityefforts.

I congratulate the Senator for bringing them into the bill in this area. As hehas said. we have included in the GreenThumb program elderly people who wantto go out and plant trees and improveour environment or participate in programs for the mentally retarded andothers. It is a vast human resource thatwe have not utilized to fullest capacity.This bill is a step in the right direction.

Mr. NELSON. I thank the Senator.AMENDMENTS NOS. 413, 414, AND 415

Mr. BUCKLEY. Mr. President, I callup my amendments, Nos. 413, 414, and415.

The PRESIDING OFFICER. Theamendments will be stated.

Mr. BUCKLEY. Mr. President, I askunanimous consent that further readingof the amendments be dispensed with.

The PRESIDING OFFICER. Withoutobjection, it is so ordered; and, withoutobjection, the amendments will beprinted in the RECORD.

The amendments, ordered to beprinted in the RECORD, are as follows:

AMENDMENT No. 413On page 11. line 9, after the word "chil

dren," insert the following: "Whose parentsor legal guardians shall request them".

AMENDMENT No. 414On page 71, between Hnes 14 and 15, Insert

the following:"SEC. 588. Nothing in this Act shall be con

strued or applied In such a manner as toinfringe upon or usurp the moral and legalrights and responsibilities of parents or guardians with respect to the moral, mental,emotional, or physical development of theirchlldren. Nor shall any action of this Act beconstrued or applied in such a manner as topermit any invasion of privacy otherwise protected by law, or to abridge any legal remedies for any such invasion which is otherwise prOVided by law."

AMENDMENT No, 415On page 71, between Hnes 14 and 15. In

sert the following:"SEC. 587. Nothing in this Act shall be con

strued or applied in such a way as to authorize the use of any child In any research orexperimentation without the prior, Informed.written consent of the parents or legal guardians of such child."

The PRESIDING OFFICER. Does theSenator ask unanimous consent that theamendments be considered en bloc?

Mr. BUCKLEY. I do ask unanimousconsent that thet be considered en bloc.


Mr. BUCKLEY. Mr. President, I sendto the desk modifications to the languagein amendment No. 414 and amendmentNo. 415 to reflect some changes to whichmy colleagues from Wisconsin, Montana,

and the senior Senator from New Yorkhave agreed. I think we may suspendwith the reading of the modification.

The PRESIDING OFFICER. Theamendments are so modified.

Amendment No. 414, as modified, is asfollows:

On page 71, between lines 14 and 15, Insertthe folloWing:

"SEC. 588. Nothing In this title shall beconstrued or applied In such a manner as toinfringe upon or usurp the moral and legalrights and responslbllltles of parents orguardians with respect to the moral, mental,emotional, or physical development of theirchlldren. Nor shall any section of this title beconstrued or applled In such a manner as topermit any invasion of privacy otherwiseprotected by law, or to abridge any legalremedies for any such invasion which Isotherwise provided by law."

Amendment No. 415, as modified, is asfollows:

The Secretary Is directed to establlsh appropriate procedures to ensure that no chlldshall be the subject of any research or experimentation under this title other thanroutine testing and normal program evaluation unless the parent or guardian o'f suchchlld Is Informed Of such research or experimentation and Is given an opportunityas of right to expect such chlld therefrom.

Mr. BUCKLEY. Mr. President, the purpose of these amendments is to make sureadequate safeguards are inserted in thestatutory language to eliminate any possible extension in the interpretation ofthe child development section to makesure the sections will not be interpretedto infringe upon or usurp the moral andlegal rights and responsibilities of parents or guardians in the upbringing oftheir children. I think this tightens theprovisions to this end.

I express appreciation to my colleaguesfor their cooperation in reaching agreement on these proposed amendments. Iask that the amendments be voted on enbloc.

Mr. JAVITS. Are we dealing with twoor three amendments?

Mr. BUCKLEY. Three amendments.One of them did not need modification.That was amendment No. 413.

Mr. JAVITS. I see no objection tothese amendments. We have workedthem out with our colleagues, Mr.President.


Mr. NELSON. Mr. President, does theSenator from New York have some slightaddition to make to amendment 415?

Mr. BUCKLEY. I sent that languageto the desk. I believe the senior Senatorfrom New York has it.

Mr. NELSON. Mr. President, I havelooked at these three amendments whichare being acted upon en bloc and I havediscussed them with the staff and thesenior Senator from New York, who isthe senior minority leader on our com- .mittee. We find that they are acceptable.I think that they are declaratory of whatthe intent of the bill is, but they do infact spell out sharply what I believe theintent of the bill is, and I find theamendments, as far as I am concerned,perfectly acceptable.

Mr. JAVITS. Mr. President, if the Senator will yield to me, as the Senator says,

Septmnbm' 9, 1971 CONGRESSIONAL RECORD - SENATE 31245it is quite difficult on the floor to workout the precise language of what wemight want. The only implication I wishto rebut-and I beg my colleague fromNew York to listen to me-is the clausewhich he is affecting in amendment No.413, on page 11, line 9, which reads asfollows:and shoUld be avallable as a matter of rightto all chlldren whose parents or legal guardians shall request them regardless of economic, social, and family backgrounds.

I wish it understood that that is anegative provision in such reference toeconomic, social, and family backgrounds, and that it will not embarrassus in the fact that we cannot possiblyreach all children regardless of economic,social, and family backgrounds whoseparents or legal guardians may requestservices. We simply will not have enoughmoney to do such a job.

In addition, there are priorities amongclasses of children, among various partsof the child development program, as,for example, the economically disadvantaged.

But we view the fundamental thrustof the Senator's amendments to be thatwe are not abrogating rights of privacy,rights of control by parents over theirchildren or of legal guardians over theirwards, and that we are not in any wayaffecting moral responsibilities whichare parallel. We think what the Senatorhas suggested will accomplish what wehave in mind, but we would not wish anyimplication to come in here that if wecannot meet the standards for everybody,then we cannot meet them for anybody.I am sure the Senator does not have thatin mind.

Mr. BUCKLEY. I thank the Senatorfor that clarification. That is exactly myintention. I appreciate his putting thoseremarks in the RECORD.

Mr. NELSON. Mr. President, I yieldback my time.

Mr. BUCKLEY. Mr. President, I yieldback my time.

The PRESIDING OFFICER. All timehaving been yielded back, the question ison agreeing on the amendments, as modified, en bloc.

The amendments, as modified, wereagreed to en bloc.


Mr. NELSON. Mr. President, I suggest the absence of a quorum.

The PRESIDING OFFICER. The clerkVl-ill call the roll.


Mr. NELSON. Mr. President, I askunanimous consent that the order forthe quorum call be rescinded.


Mr. NELSON. Mr. President, I ask forthe yeas and nays on final passage.

The ~'eas and nays were ordered.Mr. TOWER. Mr. President, I intend

to vote against S. 2007, the Economic Opportunity Amendments of 1971.

I had hoped to support an extensionbill authorizing funds for the Office ofEconomic Opportunity this year. However, a number of subjects Vl-ithin S. 2007force me to take a stand against the bill.Before I discuss some of the unfortu-

nate and poorly devised subject areaswithin this bill, I would like to makesome general observations on the directions and goals of the programs carriedout under the Economic Opportunity Act.

Mr. President, I am pleased by the actions thus far taken by President Nixonin reforming the Office of Economic Opportunity. No doubt the original proponents of OEO had laudable objectives inmind when this Government agencycame into existence in the 1960's. However, it has been clear to many that theOffice of Economic Opportunity haslacked the ability to coordinate a massive Federal effort against the causes ofpoverty. Much of this problem wascaused simply by the fact that a newagency was unable to effectuate a clearresponse to the desires of the poor because of the typical bureaucratic syndrome which follows the birth of everynew Government agency.

President Nixon has recognized theneed for reforming OEO so that it maycoordinate the Federal Government's effort in the fight against poverty. Throughcooperation with the Congress and various domestic departments engaged insimilar efforts, many of the programsoriginally formulated under the Economic Opportunity Act have been transferred to other Federal agencies whichhave in the past exercised administrativecontrol over such programs. At the sametime, since these programs have beendelegated by the Director of the Office ofEconomic Opportunity to various agencies, the Office of Economic Opportunitymaintains a specific overall interest inthe programs.

Such a formula which, for instance,has transferred administrative controlof the manpower programs under theEconomic Opportunity Act to the Department of Labor, relegated the Office ofEconomic Opportunity to a role in whichmaximum results can be realized. This isa role of oversight and coordination. Itis not, as some have pronounced, a roleof dormancy and benign neglect. It doesnot signal to the poor of America thatthe Federal Government no longer caresabout their welfare.

There are those in this Congress whoactually believe that the establishmentof yet another superagency to deal withvarious sorts of domestic problems willbring about instant success in meetingthe needs of our citizenry. Our currentnational predicament testifies to the factthat the Federal bureaucracy in Washington has for the most part failed indelivering on the promises which hadpreviously been enunciated.

Between 1952 and 1969, governmentalexpenditures increased by $169 billion.This figure means that between 1952 and1969-prior to the $8 billion cut in military appropriations between 1969 and1971-outlays for defense increased 74percent, for domestic services 420 percent: for education 489 percent, for income maintenance 694 percent, forhealth and hospitals 286 percent, for allother types of domestic services 299 percent. Therefore, despite the fact thatthree-fourths of this huge amount wasallocated for domestic services and onlyone-fifth for national defense, it is obvious that the American taxpayer has

not reaped benefits equivalent to theseoutlays for domestic social services.

It has been the job of the current administration to redirect the methodsused to disburse governmental socialservices. The President has put forth apackage of domestic programs aimed atredirecting the flow of governmentalpower to local governments which canbest administer and initiate programsthat will benefit all Americans.

In anticipation of the program outlinedin this year's state of the Union address,President Nixon diagnosed the failures ofprevious and current programs while addressing the 1969 National GovernorsConference. The President said:

We confronted the fact that in the past fiveyears the Federal Government alone has spentmore than a quarter of a trlllion dollars onsocial programs--<>ver $250 blll!on. Yet farfrom solving our problems, these expenditures had reaped a harvest of dissatisfaction,frustration and bitter division.

Never in human history has so much beenspent by so many for such a negative result.The cost of the lesson has been high, but wehave learned that It is not only what wespend that matters; but how we spend it.

Mr. President, the pending OEO b11lclearly defeats the purposes of this administration's attempt at reform. Itnegates all of the effort that has goneinto the process of evolving the Office ofEconomic Opportunity into an agencywhich can coordinate and organizethrough research and development theGovernment's fight against poverty. Formany reasons the passage of this bill willsignal the continuation and expansionof the problems and frustrations thathave plagued OEO since its inception.

Certain provisions of the pending billearmark funds and prohibit the Directorof OEO from delegating programs andprojects to other agencies of the Federal Government without the prior consent of the Congress. These will clearlyforce the Office of Economic Opportunityinto a position in which it will competewith other governmental agencies ratherthan coordinate assistance. This represents a certain continuation of a policyof big government emanating fromWashington that is now clearly opposedby the majority of Americans. It represents ideas that at one time might havebeen popular but have since been considered bankrupt insofar as their positive contribution is concerned.

Delegating certain programs to otheragencies and allowing the Office of Economic Opportunity to have a researchand development role has allowed for anumber of clear successes. In my ownState, I believe the statement can bemade that the Headstart program andthe manpower components of the Operation Mainstream program have realizeda great deal of success. One of the Mainstream programs, the Green Thumb program which is designed to assist our elderly citizens in finding part-time employment in rural areas, is so popularthat there are over 80 counties in theState that have expressed an interest inha,ing the program instituted. in theirarea. While enacted within the EconomicOpportunity Act, the Mainstream program is administered by the Departmentof Labor, the agency most fitted for manpower-related programs.

.Septerrtber9,1971

OZARK, ARK., August 31, 1971.Hon. J. W. FULBRIGHT,Senate Office Building,Washington, D.C.

DEAR SENATOR FULBRIGHT: I am the secretary of Jeta Taylor, Attorney of Ozark,Arkansas, whom you know well. Mr. Taylorand I greatly admire you for the many goodthings that you have done and are doingfor the State of Arkansas as our Senator.

I am very interested in the Child Development Programs of our state. My heart goesout to the children that are under privilegednot only financially but also lacking the loveand companionship of a good family homelife.

I have a daughter in the Ozark Child Development Center which is operated throughARVAC, Inc. of Dardanelle, Arkansas. Thisprogram covers an eight county area andreceives Federal Funds.

I have worked With the program for thelast four years and I have had the priVilegeto see the benefit that this program has beento many children.

Unless our Federal Funds are increased orother measures are taken we will have todecrease the number of centers that are nowoperating as well as the number of ch1ldrenwe can serve. The additional funds areneeded for necessities of these children.

This program is not a babysitting service.This program gives these children a base onwhich to bu1ld their lives so they will be ableto accept their responsibll1ty as the futureleaders of our nation.

Please do everything possible in keepingthis program going in the rural areas andalso give all the support you can to SanateBill No. 2007.

JETA TAYLOR.

OZARK, ARK., September 3, 1971.Hon. J. W. FuLBRIGHT,Senate Office Building,Washington, D.C.

DEAR SENATOR FuLBRIGH'£: Some of ourmutual friends here in Ozark, FranklinCounty, ArkansRs are vitally Interested in thepassing of Senate Bill No. 2007.

I would sincerely appreciRte anything thatyou can do in behalf of this bill.

With kind personal regards,Sincerely,

Senator J. W. FuLBRIGHT,Senate Office Building, Washington, D.C.:

Senator Fulbright, the Arkansas League ofWomen Voters urges you to vote for S2007Extension of the Economic Opportunity ActWithout any weakening amendments.

:Mrs. RANDAL WHEELER,President, Arkansas League Of Wom

en Voters

JONESBORO, ARK.

were ordered to be printed in the RECORD,as follows:

KINGSTON, ARK., June 11, 1971.Senator J. W. FuLBRIGHT,U.S. Senate Building,Washington, D.C.

DEAR SENATOR FuLBRIGHT: This letter is aplea for your vote in the af!irmatlv<l on theIssue of re-funding the O.E.O. project, onethat has meant a great deal to the people ofthis rural area in Arkansas.. In this remote hill section we have bene

fited in numerous ways from the programsfinllIlced by this plan. There have beennumerous classes, among them those onnutrition, sewing, art, furniture upholstery,human relations, these in addition to thevarious recreational and SOCiRl functionswhich have been made ava1lable to youngand old alike.

The withdrawal of O.E.O. would be a verygreat loss to this community.

Sincerely,Mrs. NORMAN L. PAULSON.

Mr. President, I can think of no betterway to express the success of these programs in Arkansas than to share withthe Senate the correspondence I havereceived from my constituents who dealwith these programs on a daily basis andat the local level. I believe it is significant that the several hundred communications I have gotten from Arkansashave unanimously supported the continuation of these OEO programs. While Iwill not burden the record with all ofthese letters, I do ask unanimous consent, Mr. President, to include at thispoint in the RECORD a sampling of typicalletters I have received from throughoutour State.

There being no objection, the letters

Again, I must state my strong opposition to the pending bill as it was reportedout of the con:mittee. Moreover, shOUldthe b111 pass the Congress in the presentform, I believe the President will havejust cause for vetoing it and sending itback to the Congress for further consideration with the hope that the unfortunate aspects of the bill will be corrected.ORDER FOR INSERTION OF STATEMENT BY SENA-

TOR FULBRIGHTMr. BYRD of West Virginia subse

quently said: Mr. President, I ask unanimous consent that the distinguishedSenator from Arkansas (Mr. FuLBRIGHT)may be permitted to insert a statementconcerning the OEO b111 following adjournment today.


Mr. FULBRIGHT. Mr. President, Iwant to offer my strong support forS. 2007, to extend the Economic Opportunity Act for fiscal years 1972 and 1973.As one who worked enthusiastically forthis legislation at its inception in 1964,I am particularly encouraged that theCommittee on Labor and Public Welfarewas unanimous in reporting the bill tothe Senate, and I commend the committe for its outstanding work.

S. 2007 is designed to extend for 2 yearsthe programs authorized in the 1964 Act.These include programs such as healthand medical assistance, family planning,job placement, alcohol and drug counseling and rehabilitation, and Headstart.In addition, it revises programs in fourspecial areas--eomprehensive child c'are,legal services for the poor, employmentand training for ~'oung men and women,and community economic development.The various programs authorized in theoriginal legislation, and on which theSenate will very shortly vote to continue,have for the most part enjoyed notablesuccess. These programs were imaginatively conceived and have been effectivein alleviating the problems of both ruraland urban poverty.

I stated during our debate in 1964:It is not the purpose or function of this

legislation to give material goods to thosewho have little. It is not a program of charitywhich will only temporar1ly release the symptoms of poverty. Its only gift to its beneficiaries is opportunity-opportunlty in theform of useful work, vooatlonal training,basic education, llteracy training and creation to underwrite their own enterprises.Without initiative and effort by their participants the programs authorized by thisbill will have no success.

'a':': ""we' ~",:, ·,:~h.:'·: c:;:·:· :)-; :~;,<:,:i:*i'1~~;~;:fr"!!i~t:j

"CONGRESSIONAL RECORD- SENATE, ' ': : - : : '.-'- .. , : ' .. -':-'-':'.'

. ·····ThIsbWtntends to elimiriate the research and development functions of theOffice of Economic Opportunity and givethat agency direct program responsibility. For just this reason, I can no longersee any justification for the continuation of the Office of Economic Opportunity. There is no rationale for expandingthe role of a governmental agency thatw111 work in direct competition with otherbranches of the Federal bureaucracy. Ifthe American people are to ever believein the positive contribution of many ofthese Federal domestic social service programs, there must be a reduction in thebureaucracy for the sake of bureaucracy,and an increase in governmental coordination which resUlts in program success.

Furthermore, S. 2007 contains a number of provisions that should be dealtwith separately and should not be tied tothe Economic Opportunity Act. For instance, the Comprehensive Child CareDevelopment Act was added as title V ofthe pending bill. Because of its direct relationship with the issue of welfare reform, I do not believe that this subjectshould be considered as part of the OEOextension bill. It seems entirelY unreasonable that the Senate shoUld considerthis new subject before we decidewhether or not changes w111 be made inour welfare system.

Mr. President, in closing I would liketo make a few comments on the nationallegal services program. To begin with,alternate legislation on this most important matter has already been introduced,and therefore, the subject shoUld betaken up separately. Furthermore, I havesome strong reservations about themechanics of the various proposals whichhave been discussed during the deliberations on this bill.

I have supported in the past the concept of a legal services program designedto help the poor to deal with the complex problems that face them in moderntimes. Specifically, landlord and tenantcases are of particUlar significance tothose in our Nation who cannot readilyavail themselves of proper legal counsel.Likewise, there are other areas of the lawwhere ready access to counsel can be ofprime importance to those who cannototherwise afford it.

Nevertheless, I am very concernedabout the current proposals that woUldplace the legal services program in anindependent status, free from nearly allexecutive control. There have been awide variety of abuses of the legal aidprogram even where it has been underthe control of the executive branch. Thisis particUlarly so in Dallas and EI Paso inmy State. I fear that if an independentbureaucracy is created, no matter whoappoints the members of the Board ofDirectors, that the current problems ofthis program w111 only be compounded.I, therefore, oppose both concepts thathave been put forth. In fact, if the legalaid program is to continue at all, I believe that its operating spectrum must bemore narrowly defined to preclude theabuses that have been prpvalent in thepast. I do not believe that the creation ofstill another layer of Federal bureaucracy will help the cause of the poor whoare desirous of legal cow1sel.

September 9, 1971 CONGRESSIONAL RECORD - SENATE 31247Your consideratIon In this matter Is deeply

apprecIated.Sincerely.

(Mrs.) EVA PAITON.

SILOAM SPRINGS, ARK., June 11. 1971.Senator BILL FULBRIGHT,U.S. Senate,Washington, D.C.

DEAR SENATOIt FULBRIGHT: This letter iswritten In hopes of encouraging continuanceo! the O.E.O. program, particularly throughthe local community centers.

In Slloam SprIngs, the cente-r has been anagency through which one can receive bothimmedIate and long-range help. The valueo! personal contact between the director andthe recipient should not be underestImated.Personal contact helps brIdge the oftenseeming Insurmountable gap between thegovernment. sOclety at large, and the indIvIdual.

It has meant enough temporary economicrelle! to foster growth of a natural desire tobe productIve, and is a growing need forman to see hImself as a worthwhlle humanbeIng, rather than a mere statistIc.

Thank you for the opportunIty to speakto you.

Sincerely.BOB HENRY,

Mayor, Siloam Springs, Ark.

MADISON COUNTYPUBLIC HEALTH CENTER,

HuntSVille, Ark., June 8, 1971.Hon. J. W. FULBRIGHT,Senate Office,Washington, D.C.

Hon. J. W. FULBRIGHT: It is my understanding that the OEO program is beIng cancelled out by a decision made in Washington.If such an act is permItted. I feel it will beone of the most dreadful losses to the peopleof our country.

Here in Arkanasas, especially in my owncounty, I have seen great help given to theneedy and progress has been reported everywhere as a result.

The gardening program alone, especiallyhere In rural areas, has been a tremendoushelp. People who could raise a garden but hadno means to have It plowed up, have accompUshed a great deal by having fresh vegetables and also have prepared themselves forthIs winter by freezing and canning goods.

ThIs a help to the government because ifthere is no malnutrItion, there wlll oe better health and less patients on medicareprograms. This is a fact presented by onlyone of OEO's programs although there aremany more beneficiai programs which are tonumerous to mention.

Belleve me that if OEO is cancelled, it wlllhurt many, many people. I for one feel thatwould be the best way. to turn the peopleagainst our present administratIon. Amongall the programs offered by our governmentto help the elderly and needy, OEO has donethe most.

Any effort on your part to keep thIs program going will be an endeavor greatly apprecIated and will be remembered always.

Please accept my note of confidence whenI say that I feel you are the person mostqualIfied to help the people In this matter.

Sincerely,Mrs. LUCILE LEWIS,

Public Health Nurse.

DARDANELLE, ARK., August 16. 1971.Hon. J. W. FuLBRIGHT,Senator from Arkansas.Senate Office Building,Washington. D.C.

DEAR SENATOR FULBRIGHT: The propQsed100.000 population communities to operateHea.d Start and Child Development programsis undemocratic. It is the smaller communitIes that have the greatest needs due to thelack of cultural enrichment programs andfacll1tIes,

Unless the 62.5 mUllon Is earmarked forEmergency Food and Medir.al ServIces program I belIeve it will be impossIble to meetthe needs of the dIsadvantaged at the presentlevel.

Your Influence and support to defeat theamendments to S. 2007 wlll be greatly apprecIated.

We do apprecIate your Interest and effortsIn helping to strengthen our anti-povertyprograms.

SIncerely,ELTON TONEY,

Director for Operations, ARVAC, Inc.

THE FIRST NATIONAL BANK,GREEN FOREST, ARK.,

June 22, 1971.Senator WILLIAM FULBRIGHT,Senate Office Building,Washington, D.C.

DEAR SENATOR: The C.A.P. Day Care program means so much to Green Forest. It isbeing conducted in a splendid way. I sIncerely hope this program will be continuedin our community.

Yours trUly,NANCY RATZLAFF.

BERRYVILLE, ARK.,June 16,1971.

Senator J. W. FULBRIGHT,Washington, D.C.

DEAR SENATOR: I have heard the O.E.O.program was being discontInued.

As operator of a small country store anddeaUng dally wIth the people of the dIstrictI feel the service of the communIty centerand day care center would be greatly missed.

Many of my frIends and assocIates of allages have benefited from O.E.O. service.

Young working gIrls with young chlldrencan go to their jobs much more relaxedknowing theIr chlldren are in good hands.Older people who don't have transportationto pay bills and trIps to the doctors officeappreciate the courtesy and help from thecommunity center workers.

People of all ages enjoy the communItycenter social activities as well as instructions In dIfferent crafts.

I can't think of a replacement for thIsagency that would be any better and I amafraId it would be much worse.

Yours truly.l\IATTIE ROBERTS.

BENTONVILLE, ARK., June 11, 1971,DEAR SIR: I am writing in regard to the

O.E.O. I am the ChIef of Pollce in Bentonvllle, Arkansas, and my office is located acrossthe hall from the CommunIty Center, (abranch of O.E.O.). We work closely, and IthInk I am qualified to say that the O.E.O.does a lot of good. Almost every day. I comein contact with people that are hungry orneed help in various other ways, and when Isend them to the CommunIty Center, theyalways try to help them If possIble. They helpthese people buy food, find jobs, and evenhelp them find places to Hve. They work wIththese people and encourage them to stay attheir jobs and give them a lIttle boost everynow and then, so that they can stay offwelfare. If it wasn't for the O.E.O. I thinkthat more and more people would rely onwelfare than ever before. I feel that thesepeople need O.E.O. as much as they need thePollee Department, the Fire Station, or ourhospItals. It 15 a necessary part o! the communIty. Won't you please support O.E.O.?

Sincerely,CRAIG HOLT,Chief 0/ Police.

Sn.OAM SPRINGS, ARK., June 10, 1971.Senator Bn.L FULBRIGHT,U.S. Senate,Washington, D.C.

DEAR SENATOR FULBRIGHT: I am writing inregard to the O.E.O. program. In SiloamSprings the O.E.O. agency has a working

partnershIp with every segment of the totalcommunity. It Involves not just local government, but schools, churches, busInesses, illdustry, civic groups and indIvidual citizens.It Is a growing need In our area.

You do know the condItion of our people.A very large percentage of the local peopleare of limIted education but are prOUd andIndustrious, so the O.E.O. is the one linkthey have for someone to take the time toexplain and help. I feel this way should beexpanded.

I am askIng your support of legislation inhopes of encouraging continuance of theO.E.O. program, which I thInk can strengthenthe country through strengthening her people.

Thank you for the opportunIty to speakto you.

SIncerely,Mr. C. W. CHRYSLER,

Executive Director, Housing Authority,Of the City 0/ Siloam Springs, Ark.

Mr. FULBRIGHT. Mr. President, numerom. amendments have been proposedon the floor, most of which would havehad the effect. in my opinion, of weakening this legislation as reported by thecommittee. I am pleased that the Senate,in its judgment, has seen fit to rejectevery amendment offered during this debate. for I believe it reflects the recognition of the enormous benefit thateconomic opportunity activities havebrought to the rural and urban communities of this country.

Mr. NELSON. Mr. President, I yieldback the balance of my time on the bill.

Mr. JAVITS. Mr. President, I yieldback the balance of the minori ty's time.

Mr. BYRD of West Virginia. Mr. President, I suggest the absence of a quorum.




The PRESIDING OFFICER (Mr.BUCKLEY) • Without objection. it isso ordered.

If there be no further amendment tobe offered, the question is on the thirdreading of the bill.

The bill was ordered to be engrossed fora third reading, and was read the thirdtime.

The PRESIDING OFFICER. The billhaving been read the third time. thequestion is, Shall it pass? On this question the yeas and nays have been orderedand the clerk will call the roll.

The assistant legislative clerk calledthe roll.

Mr. BYRD of West Virginia (when hisname was called) . Mr. President. on thisvote I have a pair with the distinguishedSenator from Indiana (Mr. HARTKE). Ifhe were present and voting, he wouldvote "yea." If I were at liberty to vote, Iwould vote "nay." Therefore, I withholdmy vote.

r announce that the Senator from NewMexico (Mr. ANDERSON), the Senatorfrom Nevada (Mr. BIBLE), the Senatorfrom North Dakota (Mr. BURDICK). theSenator from Mississippi (Mr. EASTLAND),the Senator from Oklahoma (Mr. HARRIS), the Senator from Washington (Mr.MAGNUSON). the Senator from Maine(Mr. MUSKIE). the senator from RhodeIsland (Mr. FELL) , and the Senator

CONGRESSIONAL RECORD - SENATEamounts shall be allocated and made avail·able, SUbject to the provisions of section 616of such Act, in such a manner that for eachsuch fiscal year-

(A) $363,900,000 shall be for the purposeof carrying out title II of which $114,000,000shall be for the purpose of carrying out theComprehensive Health Services program described in section 222(a) (4), $62,500,000 shallbe for the purpose of carrying out the Emergency Food and Medical Services programdescribed in section 222(8) (5), $25,000,000shall be for the purpose of carrying out theFamily Planning program described in section 222(a) (6), $8,800,000 shall be for thepurpose of carrying out the Senior Opportunities and Services program described insection 222(a) (7), $18,000,000 shall be forthe purpose of carrying out the AlcoholicCounsellng and Recovery program describedin section 222(a) (8), $18,000,000 shall be forthe purpose of carrying out the Drug Rehabllitation program described in section222(a) (9), and $117,600,000 shall be for thepurpose of carrying out programs and activities authorized under sections 230, 231, 232,and 233 of such title;

(B) $38,000,000 shall be for the purpose ofcarrying out part B of title III (relating toassistance for migrant and seasonal farmworkers) ;

(C) $18,000,000 shall be for the purposeof carrying out title VI (relating to administration and coordination);

(D) $58,000,000 shall be for the purposeof carrying out title VII (relating to community economic development); and

(E) $45,000,000 shall be for the purpose ofcarrying out part A of title VIII (relatingto VISTA).If the amounts appropriated pursuant toparagraph (1) of this subsection for anyfiscal year are not sufficient to assure thatthe full amount specified for each of thepurposes set forth in clauses (A) through(E) of this paragraph will be prOVided foreach such fiscal year, then the amount specified for each such purpose in each suchclause (after deducting from any amount sospecified any amount otherwise specificallyprOVided for such purpose by an appropriation act for that fiscal year) shall be prorated to determine the allocation requiredfor each such purpose.

(3) In addition to the amounts authorizedto be appropriated and allocated pursuant toparagraphs (1) and (2) of this subsection,there are further authorized to be appropriated for carrying out such Act the followingsums:

(1) $2,000,000 for the fiscal year endingJune 30, 1972, and $62,000,000 for the fiscalyear ending June 30, 1973, to be used forthe Community Economic Development program under title VII;

(2) $79,000,000 for the fiscal year endingJune 30, 1972, and $109,000,000 for the fiscalyear ending June 30, 1973, to be used for theLegal Services program under title IX.

TRANSFER OF FUNDS

SEC. 4. (a) Section 616 of the EconomicOpportunity Act of 1964 is amended by inserting after "July I, 1970," the following:"and not to exceed 25 per centum for fiscalyears beginning after JUly I, 1970, and ending prior to June 30, 1972," and by strikingout "15 per centum" and inserting in lieuthereof "25 per centum".

(b) Section 616 of such Act is amended bystriking out the semicolon therein and allmatter thereafter through "$10,000,000", thesecond time it appears in such section.

COMMUNITY ACTION BOARDS

SEC. 5. The last sentence of section 211(b)of the Economic Opportunity Act of 1964 isamended by striking out "three" and inserting in lleu thereof "six" and by striking out"siX" and inserting in lleu thereof "twelve".

NAY8-l2Allen Ervin LongBrock Fannin StennisBuckley Goldwater ThurmondByrd, Va. Gurney TowerPRESENT AND GIVING A LIVE PAIR, AS

PREVIOUSLY RECORDED-lByrd of West Virginia, against.

NOT VOTING-38Aiken Curtis MillerAllott Dominick MossAnderson Eastland MundtBaker Fong MuskieBayh Hansen PellBellmon Harris ProutyBennett Hartke SaxbeBible Holllngs ScottBoggs Hruska SmithBurdick Humphrey SparkmanCase Jordan, Idaho StevensCooper Magnuson YoungCotton Mansfield

So the bill (S. 2007) was passed, asfollows:

S.2007An act to provide for the continuation of

programs authorized under the EconomicOpportunity Act of 1964, and for otherpurposes.Be it enacted by the Senate and House of

Representatives of the United States ofAmerica in Congress assembled, That thisAct may be cited as the "Economic Opportunity Amendments of 1971".EXTENSION OF ECONOMIC OPPORTUNITY ACT

SEC. 2. Sections 171, 245, 321, 408, 615, and835 of the Economic Opportunity Act of1964, as amended, are each amended by striking out "five succeeding fiscal years" and inserting in lieu thereof "seven succeedingfiscal years".

AUTHORIZATION. OF APPROPRIATIONS

SEC. 3. (a) (1) For the purpose of carryingout parts A, B, and E of title I (relating towork and training) of the Economic Opportunity Act of 1964, there are authorized to beappropriated $900.000,000 for the fiscal yearending June 30, 1972, and such amounts asthe Congress may determine to be necessaryfor the fiscal year ending June 30, 1973.

(2) For the purpose of carrying out Neighborhood Youth Corps programs under paragraphs (1) and (2) of section 123(a) ofsuch Act, there is further authorized to beappropriated $500,000,000 for the fiscal yearending June 30, 1972. No State shall receiveless than $3,000,000 of the amounts appropriated pursuant to this paragraph or sixtenths of 1 per centum of the amounts ap-propriated, whichever is less. .

(b) For the purpose of carrying out theProject Headstart program described in section 222(a) (1) of the Economic OpportunityAct of 1964 and the Follow Through programdescribed in section 222(a) (2) of such Act,there is authorized to be appropriated $500,000,000 for the fiscal year ending June 30,1972.

(c) (1) For the purpose of carrying outtitles II, m, VI, VII, VIII, and IX of theEconomic Opportunity Act of 1964, there areauthorized to be appropriated $950,000,000each for the fiscal year ending June 30, 1972,and for the succeeding year.

(2) Notwithstanding any other provisionof law, unless expressly in limitation of theprovisions of this section, of the amountsappropriated pursuant to paragraph (1) of.this subsection for each fiscal year, the Director of the Office of Economic Opportunity •shall for each such fiscal year reserve andmake available not less than $328,900,000 forprograms under sections 221, 226, and 227 ofthe Economic Opportunity Act of 1964 andnot less than $61,000,000 for Legal Servicesprograms under section 222(a) (3) and titleIX of such Act, and the remainder of such

PearsonPercyProxmlreRandolphRibicoll'RothSchweikerSpongStevensonSymingtonTaftTalmadgeTunneyWeickerWilliams

BeallBentsenBrookeCannonChilesChurchCookCranstonDoleEagletonEllenderFulbrightGambrellGravelGritllnHartHatfield

·Alabama (Mr. SPARKMAN) , are necessaIilyabsent.

I further announce that the Senatorfrom Indiana (Mr. BAYH), the Senatorfrom Indiana (Mr. HARTKE). the Senatorfrom South Carolina (Mr. HOLLINGS) , theSenator from Minnesota (Mr. HUMPHREY). the Senator from Montana (Mr.MANSFIELD) and the Senator from Utah(Mr. Moss). are absent on official business.

I further announce that, if present andvoting, the Senator from Indiana (Mr.BAYH). the Senator from Nevada (Mr.BIBLE), the Senator from North Dakota(Mr. BURDICK). and the Senator fromWashington (Mr. MAGNUSON) would eachvote "yea."

Mr. GRIFFIN. I announce that theSenator from Vermont (Mr. AIKEN). theSenator from Colorado (Mr. ALLOTT), theSenator from Tennessee (Mr. BAKER). theSenator from Oklahoma (Mr. BELLMON).the Senator from Utah (Mr. BENNETT).the Senator from New Jersey (Mr. CASE).the Senator from New Hampshire (Mr.COTTON), the Senator from Nebraska(Mr. CURTIS), the Senator from Ohio(Mr. SAXBE). the Senator from Pennsylvania (Mr. SCOTT) • and the Senator fromMaine (Mrs. SMITH) are absent on official business.

The Senator from Delaware (Mr.BOGGs), the Senator from Colorado (Mr.DOMINICK), the Senator from Hawaii(Mr. FONG) , the Senator from Wyoming(Mr. HANSEN). the Senator from Idaho(Mr. JORDAN), and the Senator fromNorth Dakota (Mr. YOUNG) are necessarily absent.

The Senator from Nebraska (Mr.HRUSKA) and the Senator from Iowa (Mr.MILLER) are absent to attend the funeralof the Honorable Bourke B. Hickenlooper.

The Senator from Kentucky (Mr.COOPER). the Senator from South Dakota(Mr. MUNDT). and the Senator from Vermont (Mr. PROUTY) are absent becauseof illness.

The Senator from Alaska (Mr. STEVENS) is detained on official business.

If present and voting, the Senatorfrom Tennessee (Mr. BAKER). the Senaator from Delaware (Mr. BOGGs), theSenator from New Jersey (Mr. CASE). theSenator from Kentucky (Mr. COOPER),the Senator from Hawaii (Mr. FONG) ,the Senator from Iowa (Mr. MILLER), theSenator from Alaska (Mr. STEVENS), andthe Senator from Maine (Mrs. SMITH)would each vote "yea."

The result was announced-yeas 49,nays 12, as follows:

[No. 220 Leg.]YEA8-49

HughesInouyeJacksonJavitsJordan, N.C.KennedyMathiasMcClellanMcGeeMcGovernMcIntyreMetcalfMon,:aleMontoyaNelsonPackwoodPastore

September 9, 1971 CONGRESSIONAL RECORD - SENATE 31249CHILD DEVELOPl\IENT

SEC. 6. (a) Title V of the Economic Opportunity Act of 1964 is amended to read asfollows:

"TITLE V-CHILD DEVELOPMENTPROGRAMS

"STATEMENT OF FINDINGS AND FURPOSE

··SEC. 501. (a) The Congress finds that"( 1) millions of chlldren in the Nation are

suffering unnecessary harm from the lack ofadequate child development services, particularly during early childhood years;

.. (2) comprehensive child developmentprograms, including a full range of health,education, and social services, are essentialto the achievement of the fUll potential ofthe Nation's children and should be available as a matter of right to all chlldrenwhose parents or legal guardIans shall request them regardless of economic, social.and family backgrounds;

"(3) children with special needs mustreceive full and special consideration inplannIng any child development programsand, pending the availability of such programs for all children, prIority must begiven to preschool children with the greatesteconomIc and social need;

"(4) while no mother may be forced towork outside the home as a condItion forusing child development programs, suchprograms are essential to allow many parentsto undertake or continue full- or part-timeemployment, training, or education;

"( 5) comprehensive child developmentprograms not only provide a means of deIIvering a full range of essential services tochlldren, but can also furnish meaningfulemployment opportunities for many individuals, including older persons, parents,young persons, and volunteers from thecommunity; and

"(6) it is essential that the planning andoperation of such programs be undertaken asa partnership of parents, community, andState and local government with appropriateassistance from the Federal Government.

"(b) It is the purpose of this title to provide every child with a fair and full opportunity to reach his full potential by establishIng and expanding comprehensive childdevelopment programs, and services, designedto assure the sound and coordinated development of these programs, to recognize andbuild upon the experience and success gainedthrough the Headstart program and simUarefforts, to furnish chUd development servicesfor those chUdren who need them most, withspecial emphasis on preschool programs foreconomically disadvantaged chUdren, and forchUdren of working mothers and single parent famllles, to provide that decisions on thenature and funding of such programs bemade at the community level with the directparticipation of parents of the children andother individuals and organizations in thecommunity interested in child developmentserved in the development, conduct, andoverall direction of programs at the community level, and to establlsh the legislativeframework for the future expansion of suchprograms to universally avllable child development services.

"AUTHORIZATION OF APPROPRIATIONS

"SEC. 502. (a) For the purpose of carryingout this title, there is authorized to be appropriated $2,000,000,000 for the fiscal yearending June 30, 1973. Any amounts appropriated for such fiscal year Which are not obllgated at the end of such fiscal year may beObligated in the succeeding fiscal year.

"(b) For the purpose of providing training,technical assistance, planning, anet such other activities as the Secretary deeIIlR necessaryand appropriate to prepare for the implementation of this title, there is .allthorizedto be appropriated $100,000,000 for the fiscalyear ending June 30, 1972.

"ALLOCATION OF FUNDS

"SEC. 503. (a) The amounts appropriatedfor carrying out this title for any fiscal yearafter June 30,1972, shall be made available inthe following manner:

"(1) $500,000,000 shall be used for the purpose of prOViding assistance under parts A,B, and D of this title for chUd development programs focused upon young children from low-income fam11les, giving priority to continued financal assistance forHeadstart projects;

"(2) not to exceed 10 per centum of theremaining amounts so appropriated shall beused for the purpose of carrying out partsB, 0, D, and E of this title, as the Secretary deems appropriate; and

"(3) the remainder of such amounts shallbe used for the purpose of carrying out partA of this title. "(b) (1) From the amountsavailable for carrying out comprehensivechild development programs under part A ofthis title, the Secretary shall reserve thefollowing:

"(A) not less than that proportion of thetotal amount available for carrying out suchpart A llB is eqUivalent to that proportionwhich the total number of chlldren of mi·grant agricuitural workers bears to the totalnumber of economically disadvantaged children in the United States, which shall beapportioned among programs serving chlldren of migrant agricultural workers on anequitable basis, and to the extent practicablein proportion to the relative numbers ofchUdren served in each such program:

"(B) not less than that proportion of thetotal amount avallable for carrying out suchpart A as is equivalent to that proportionwhich the total number of children on Federal and State Indian reservations bears tothe total number of economically disadvantaged chlldren in the United States,which shall be apportioned among programsserving chUdren on Federal and State Indianreservations on an equitable basis, and tothe extent practicable in proportion to therelative numbers of children resid·ing on eachsuch reservation;

"(C) not less than 10 per centum of thetotal amount available for carrying out suchtitle, which shall be made available fen- thepurposes of section 512(2) (I) of such part(relating to special activities for handicapped children);

"(D) not to exceed 5 per centum of thetotal amount avallable for carrying out suchpart A, Which shall be made available undersection 513 (f) (3) of such part (relating tomOdel programs).

"(2) The remainder of the amounts available for carrying out part A of this titleshall be allocated by the Secretary on anequitable basis, and to the extent practicablesuch funds shall be apportioned in such amanner that-

"(A) 50 per centum of such remainderShall be apportioned among the States andlocalities within each State in proportionto the relative numbers of econOmically disadvantaged children in each such State andlocality, respectively;

" (B) 25 per centum of such remaindershall be apportioned among the States andlocalltles within each State in proportion tothe relative numbers of chlldren who havenot attained six years of age in each suchState and locality, respectively;

"(C) 25 per centum of such remaindershall be apportioned among the States andlocalities within each State in proportion tothe relative numbers of children of working mothers and Single parents in each suchState llnd locality, respectively.For the purposes of clauses (A), (B), and(C) of this paragraph, there shall be excluded those children who are counted underclauses (A) lind (B) of subsection (b) (1)of this section.

"(3) In determining the numbers of ch1l-

dren for purposes of allocating and apportioning funds under this section, the Secretary shall use the most recent satisfactorydata avallable to him.

"(c) Not to exceed 5 per centum of thetotal funds apportioned for use Within aState pursuant to subsection (b) (2) may bemade avallable for grants to the State tocarry out the provisions of section 517 ofthis title.

"(d) As soon as practicable after fundsare appropriated to carry out this title forany fiscal year, the Secretary shall publlshin the Federal Register the apportionmentsrequired by this section."PART A-COMPREHENSIVE CHILD DEVELOP

MENT PROGRAMS

"FINANCIAL ASSISTANCE

"SEC. 511. The Secretary of Health, Education, and Welfare shall prOVide financial assistance for carrying out chlld developmentprograms under this part to prime sponsorsand to other public and pl"ivate nonprofitagencies and organizations pursuant to plansand applications approved in accordance withthe provisions of this part.

"USES OF FUNDS

"SEC. 512. Funds available for this partmay be used (in accordance with approvedapplications) for the fonowing services andactivities :

"(I) planning and developing chlld development programs, including the operation ofpllot programs to test the effectiveness ofnew concepts, programs, and delivery systems;

"(2) establishing, maintaining, and operating child development programs, which mayinclude-

"(A) comprehensive physical and mentalhealth, social, and cognitive developmentservices necessary for chlldren participatingin the program to profit fUlly from their educational opportunities and to attain theirmaximum potential;

"(B) food and nutritional services (including family consuitation);

"(0) rental, remodellng, renovation, alteration, construction, or acqUisition of faclllties, including moblle facilities, and theacquisition of necessary equipment p.nd supplies;

"(D) programs designed (i) to meet thespecial needs of minority group, Indian, andmigrant chlldren With particular emphasison the needs of children from bilingualfamilles for the development of skills inEngllsh and another language spoken in thehome, and (11) to meet the needs of all children to understand the history and culturalbackgrounds of minority groups Which belong to their communities and the role ofmembers of such minority groups in the history and cultural development of the Nation and of the region in Which they reside;

"(E) a program of dally activities designedto develop fully each chUd's potential;

"(F) other specially designed health, social, and educational programs (includingafter school, summer, weekend, vacation, andovernight prograMs);

"(G) medical, dental, psychological, educational, and other appropriate diagnosis,identification, and treatment of visual, hearing, speech, nutritional, and other physical,mental, and emotional barriers to full participation in chlld development programs,including programs for preschool and otherchlldren who are emotionally disturbed;

"(H) prenatal and other medical servicesto expectant mothers who cannot afford suchservices, designed to help reduce malnutrition, infant and maternal mortallty. and theincidence of mental retardation and otherhandicapping conditions, and postpartumand other medical services (inclUding fam1lyplanning information) to such recent mothers;

CONt:7RESSIONAL· RECORD-.'SENA'll'E f "

.. (t) incorporation within chIld develop'ment programs of special activities designedto· identify and ameliorate identified physical, mental, and emotional handicaps andspecial learning dlsabUlties and, where necessary because of the severity of suchhandicaps, establishing, maintaining, andoperating separate child development programs designed primarily to meet the needsof handicapped children, including emotionally disturbed children;

"(J) preservice and inservice educationand other training for professional and paraprofessional personnel;

"(K) dissemination of Information in thefunctional language of those to be served toassure that parents are well informed of childdevelopment programs available to them andmay participate in such programs;

"(L) serVices, including in-home services,and training in the fundamentals of childdevelopment, for parents, older family members functioning In the capacity of parents,youth, and prospective parents;

"(1\1) use of child advocates, consistentwith the pruvisions of this title, to assistchildren and parents in securing full accessto other services, programs, or activities intended for the benefit of children;

"(N) programs designed to extend comprehensive kindergarten early childhood education techniques and gains (particularlyparent participation) into kindergarten andearly primary grades (one through three), incooperation with local educational agencies,including the use of former assistant Headstart teachers or similar early childhood education teachers as instructional aides (in addition to those employed by the schoolsinvolved) working closely with classroomteachers in the kindergarten and such earlyprimary grades in which are enroiled children they taught in Headstart or other earlychildhood education programs, prOViding forfull participation of parents of the childreninvolved in program planning, implementation, and decisionmaking and for career development opportunities and advancementthrough continuing education and trainingfor the instructional aides involved (inclUding teaching salaries. educational stipendsfor tultion, books, and tutoring, career counseling, arrangements for academic credit forindependent stUdy. fieldwork based on theirteaching assignments, and oreservice and inservice training) and for the classroom teachers and principals involved; and

"(0) such other services and activities asthe secretary deems appropriate in furtherance of the purposes of this part; and

"(3) staff and other administrative expenses of child development councils established and operated In accordance with thispart.

"PRIME SPONSORS OF CHILD DEVELOPMENTPROGRAMS

"SEC. 513. (a) In accordance with the provisions of this section, a State, locality, combination of localities, Indian tribe on a Federal or State reservation, or pUblic or privatenonprofit agency or organization. meetingthe reqUirements of this part may be designated by the Secretary as a prime sponsorfor the purpose of entering into arrangements to carry out child development programs under this part, upon the approvalby the Secretary of a prime sponsorship planwhich includes provisions-

"(I) describing the prime sponsorship areato be served;

"(2) setting forth satisfactory provisionsfor establishing and maintaining a Child Development Council which meets the requirements of section 514;

"(3) prOviding that the Cbild DevelopmentCouncil shall be responsible for developingand preparing a comprehensive child development plan for each fiscal year and any modifications thereof;

"(4) setting fortb arrangements under

whicb tbe Cbild Develoment Council will beresponsible for planning, supervising, coordinating. monitoring, and evaluating cbild development programs in the prime sponsorsbiparea;

"( 5) providing adequate assurances thatstaff and other administrative expenses forthe Child Development Council under paragraph (3) of section 512 will not exceed 5per centum of the total cost of comprehensive child development programs administered by the prime sponsor unless such percentum limitation is !!.lCreased to give specialconsideration to initial costs in tbe first operational year or to other special needs. inaccordance with regulations which the Secretary shall prescribe; and

" (6) prov1ding assurances. to the extentnecessary to carry out comprehensive childdevelopment programs In the area to beserved, of the capacity to provide, or to enterInto arra.ngements with appropriate State orlocal or other agencies for linkages to provide-

"(A) related family, social, and rehabilitative services;

"(B) coordination with educational agencies and providers of educational services;

"(C) health (including family planning)and mental healtb services;

"(D) nutrition services; and"(E) training of professional and para

professional personnel."( b) The Secretary shall approve a prime

sponsorship plan SUbmitted by a localitywhich is a (1) city, (2) county, or (3) otherunit of general local government, if he determines tha.t the plan SO submitted meetsthe reqUirements of subsection (a) of tillSsection and includes adequate provisions forcarrying out comprehensive child development programs in the area of such locality. Inthe event that the area under the jurisdiction of a unit of general local governmentdescribed in clause (I), (2), or (3) of thepreceding sentence includes any commongeographical area with that covered by allother such unit of general local government,the secretary shall designate to serve sucharea tbe unit of general local governmentwhich he determines has the capability otmore effectively carrying out the purposes otthis part With respect to such area and whichhas submitted a plan which meets the reqUirements of t1l1s section and includes adequate provisions for carrying out comprehensive child development programs in sucharea.

"(c) (1) In the event that the Secretarydetermines that a locality falls to meet therequirements for designation a.s a primesponsor under subsection (b) of this sectionfor the reason that it lacks the capability otmeeting the requirements of clause (5) (concerning the limitation on administrative expenses for Child Development Councils) orclause (6) (concerning the capacity to proVide or to enter into arrangements tor linkages to provide services rela.ted to child development) of SUbsection (a), he sball takesteps to encourage the submission of a primesponsorship plan. covering the area of suchlocality, by a combination of localities whichare adjoining and possess a sufficient commonality of interest.

"(2) The Secretary shall approve a prImesponsorship plan submitted by a combinationof localities if he determines that the plan sosubmitted meets the reqUirements of SUbsection (a) of this section and includes adequate prOVisions tor carrying out comprehensive child development programs In tbearea covered by the combination ot suchlocalities."

"(d) The Secretary shall approve a primesponsorship plan submitted by an Indiantribe on a Federal or State reservation itbe determines that the plan so submittedmeets the reqUirements o'f subsection (a)of this section and includes adequate provisions tor carrying out comprehensive child

development programs in the area to beserved.

"(e) In tbe eVllnt tbat tbe Secretary determines, With respect to the area ot a partiCUlar locality, that a primesponsorsbipplan meeting the requirements of tbis section has not been submitted by a locality orcombination ot localities covering sucb area.,or by an Indian tribe on II. Federal or Statereservation or in the event that primesponsorship designation bas been withdrawnin accordance Witb subsection (h) of thissection, the secretary may, with respect totbe Impending fiscal year when no suchprime sponsorship designation will be ineffect. approve II. plan submitted by theState which meets .tbe reqUirements of SUbsection (a) of this section and includes adequate provisions for carrying out comprehensive cblld development programs in eachsuch area.

"(f) The secretary may approve a primesponsorship plan submitted by a public orprivate nonprofit agency. Including but notlimited to a community action agencY, single-purpose Headstart agency, communitydevelopment corporation. parent cooperative,organization of migrant agricultural workers,organization of Indians, employer organization, labor union, employee or labor-management organization, or public or privateeducational agency or Institution, I:f he determines that tbe plan so submitted meetsthe rcquirements of subsection (a) of thissection and Includes-

"(1) provisions setting forth arrangementsfor serving children in a neighborhood orother area possessing a commonality ofInterest in the area of any locality withrespect to which there is no prime sponsorship designation in effect. or With respectto any portion of an area where the primesponsor is found not to be satisfactorily implementing child development programswhich adequately meet the purposes of thispart, or for making available special services, in accordance with criteria establishedby the Secretary. designed to meet tbe needsof economically disadvantaged or preschoolchildren; or

"(2) arrangements 'for providing comprebensive child development programs on ayear-round basis to children of migrant agriCUltural workers and their families; or

"(3) arrangements for carrying out modelprograms especially designed to be responsive to the needs of economically disadvantaged, minority group, or bilingual preSChoolchildren.

"(g) The Governor of tbe State sball, inaccordance with regulations which the Secretary shall prescribe, be given a reasonableopportunity to review and offer recommendations to any applicant submitting a planfor prime sponsorship designation under thissection, and to submit comments to theSecretary With respect to any plan so submitted.

"(h) A prime sponsorship plan submittedunder this section may be disapproved or aprior designation of a prime sponsor may beWithdrawn only if the Secretary, in accordance with regulations wblch he shall prescribe, bas provided (1) written notice ofintention to 'dlsapprove such plan, includIng a statement of the reasons. (2) a reasonable time In which to submit correctiveamendments to such plan or undertake othernecessary corrective action, and (3) an opportunity for a pUblic hearing upon Whichbasis an appeal to the Secretary may be takenas of right.

"(I) (1) If any party is dissatisfied Withthe Secretary's final action under subsection(h) With respect to the disapproval of itsplan submitted under this section or theWithdrawal of its prime sponsorship deSignation, such party may, Witbin sixty days afternotice of such action, file With the UnitedStates court of appeals for the circuit Inwhich such party is located a petition for

September 9,1971 CONGRESSIONAL RECORD -SENATE 31251review of that action. A copy of the petitionshall be forthwith transmitted by the cierkof the court to the Secretary. The Secretarythereupon shall file in the court the recordof the proceedings on which he based hisaction, as provided In section 2112 of title 28.United States Code.

"(2) The court shall have jurisdiction toaffirm the action of the Secretary or to set Itaside, In Whole or In part. The jUdgment ofthe court shall be subject to review by theSupreme Court of the United States uponcertiorari or certification as provided in section 1254 of title 28, United States Code.

"CHILD DEVELOPMENT COUNCILS

"SEC. 514. (a) Each prime sponsor designated under section 513 shall establish andmaintain a Child Development Council consisting of not less than ten members, comprised as follows-

"( 1) not less than half of the members ofsuch Council shall be parents of childrenserved In child development programs undertllis part; and

"(2) the remaining members of suchCouncil shall be appointed by the chief executive officer or officers of the prime sponsor to represent the publlc, but (A) not lessthan half of such members shall be personswho are broadly representative of the general public, Including government agencies,publlc and private agencies and organizations in such fields as economic opportunity,health, education, welfare, employment andtraining, business or financial organizationsor institutions, labor unions, and employers, and who are approved by the parentmembers described in paragraph (1), and(B) the remaining members, the number ofwhich shall be elther equal to or one lessthan the number of members appointed under clause (A), shall be persons who areparticularly skilled by virtue of training orexperience in child development, chUdhealth, child welfare, or other child services, except that the Secretary may waivethe requirement of this clause (B) to theextent that he determines, in accordancewith regulations which he shall prescribe,that such persons are not available to thearea to be served.

"(b) In accordance with procedures whichthe Secretary shall establish pursuant toregulations, each prime sponsor designatedunder section 513 shall provide, with respectto the Child Development Council established and maintained by such prime sponsor, that-

"(1) the parent members described inparagraph (1) of subsection (a) of this section shall be chosen by the membership ofHeadstart policy committees where they exIst, and, at the earliest practicable time, byproject policy committees establlshed pursuant to section 516(0.) (2) of this part;

"(2) not less than one-fourth of the totalmembership of such Councll shall be persons broadly representative of the economically disadvantaged;

"(3) the terms of office and any otherpollcies and procedures of an organizationalnature, including nomination and electionprocedures, are appropriate in accordancewith the purposes of tllis part;

"(4) such Council shall have responsibility for approving basic goals, policies, actions, and procedures for the prime sponsor,including policies with respect to plannIng,general supervision and oversight, overallcoordination, personnel. bUdgettng, fundIng of projects, and monitoring and evaluation of projects; and

"( 5) such Council shall, upon its owninitiative or upon request of a project applicant or any other party in interest, conduct public hearings before acting upon applications for financial assistance submittedby project appllcants under this part.

CXVll--1966-Part 24

"COMPREHENSIVE CHILD DEVELOPMENT PLANS

"SEC. 515. (a) Financial assistance underthis part may be provided by the secretaryfor any fiscal year to a prime sponsor designated pursuant to section 513 only pursuantto a comprehensive chl1d development planwhich Is submitted by such prime sponsorand approved by the Secretary in accordanceWith the provisions of this part. Any suchplan shall set forth a comprehensive program for providing child development servives in the prime sponsorship area which-

"(1) identifies all chl1d development needsand goals within the area and describes thepurposes for which the financial assistancewill be used;

"(2) meets the needs of children in theprime sponsorship area, to the extent thatavailable funds can be reasonably expectedto have an effective impact, inCluding infantcare and before and after school programsfor children in school with priority to chl1dren who have not attained six years of age;

"(3) gives priority to meeting the specialneeds of economically disadvantaged childrenby prOViding that not less than 65 per centumof the total cost of programs receivingfinancial assistance. under section 503 (b)shall be for child development programsand services for economically disadvantagedchildren;

"(4) gives priority thereafter to prOVidIngchild development programs and servicesto children of single parents and workingmothers not covered under paragraph (3);

"(5) provides procedures for the approvalof project applications submitted in accordance wIth section 516;

"(6) prOVides, in the case of a primesponsor located within or adjacent to ametropolitan area, for coordination withother prime sponsors located within such'metropolitan area,· and arrangements forcooperative funding where appropriate, andparticularly for such coordination where appropriate to meet the needs for child development services of children of parentsworking or participating in training or otherwise occupied during the day within a primesponsorship area other than that in Whichthey reside;

"(7) provides that, to the extent feasible,each program within the prime sponsorshiparea will include children from a range ofsocioeconomic backgrounds;

"(8) provides comprehensIve servIces (A)to meet the special needs of minority groupchildren of migrant agricultural workerswith partiCUlar emphasis on the needs ofchildren from b1llngual fam1lles for development of skl1ls in English and in the otherlanguage spoken in the home, and (B) tomeet the need of all children to understandthe history and cultural background ofminority groups which belong to the communities and the role of members of suchminority groups in the history and culturaldevelopment of the Nation and the regionin which they reside;

"(9) provides eqUitably for the child development needs of children from each minoritygroup or significant segment of the economically disadvantaged residing within the areaserved;

"(10) provides, insofar as possible, forcoordination of child development programsso as to keep family units intact or in closeproximity during the day;

"(11) provides that, insofar as possible, unemployed or low-income persons residing incommunities served by such projects wl1lreceive jobs providing career ladder opportunities, including In-home and part-timejobs, and opportunities for training in programs assisted under part B of this title;

"(12) provides for the regular and frequentdissemination of information in the functional language of those to be served, to assure that parents and interested persons inthe community are fUlly Informed of theactivities of the Chl1d Development CouncIland of delegate agencies;

"(13) assures that procedures and mp.chanisms for coordination have .been developedin cooperation with preschool program administrators and administrators of local educational agencies and nonpublic schools, atthe local level, to provIde continuity betweenprograms for preschool and elementary schoolchildren and to coordinate programs conducted under this part and programs conducted pursuant to sectIon 222(a) (2) of theEconomic Opportunity Act of 1964 and theElementary and Secondary Education Act of1965;

"(14) establishes arrangements In the areaserved for the coordination of programs conducted under the auspices of or with thesupport of business or financial instItutionsor organizations, industry, labor, employeeand labor-management organizations, andother community groups;

"(15) contains any arrangements for thedelegation, under the supervision of the ChIldDevelopment Councl1, to any public or private nonprofit agencies, institutions, or organizations, of responsib111ties for the deliveryof programs, services, and activities for whichfinancial assistance Is prOVided under thispart, or for any planning or evaluatIon services to be made available with respect toprograms under this part; and

"(16) contains plans for regularly conducting surveys and analyses of needs forchild development programs in the primesponsorship area and for submitting to thesecretary a comprehensIve annual reportand evaluation in such form and containingsuch information as the Secretary shall require by regulation.

"(b) No comprehensive child developmentplan or modification thereof submitted by aprime sponsor under this section shall beapproved by the Secretary unless he determines, in accordance with regUlatIons whichthe Secretary shall prescribe, that-

"( 1) each community action agency orsingle-purpose Headstart agency in the areato be served preViously responsible for theadministration of programs under this partor under section 222(0.) (1) of the EconomicOpportunity Act of 1964 has had an opportunity to submit comments to the primesponsor and to the secretary;

"(2) the local educatIonal agency fOO' thearea to be served, and other IlIppropriate educational and training agencies and institutions, have had an opportunity to submitcomments to the prime sponsor and to theSecretary; and

"(3) the Governor of the State has had anopportunity to submit comments to theprime sponsor and to the Secretary.

"(C) A comprehensive child developmentplan submitted under this section may bedisapproved or a prior approVal withdrawnonly if the Secretary, in accordance withregulations which he shall prescribe, hasprovided (1) written notice of Intention todisapprove such plan, including a statementof the reasons, (2) a reasonable time to submit corrective amendments to such planor undertake other necessary corrective action, and (3) an opportunity for a pUblichearing upon which basis an appeal to theSecretary may be taken as of right.

"(dl In order to contribute to the effectiveadministration of this title, the Secretaryshall establish appropriate procedures to permit prime sponsors to submit jointly a singlecomprehensive child development plan forthe areas served by such prime sponsors.

"PROJECT APPLICATIONS

"SEC. 516. (a) Financial assistance underthis part may be prOVided to a project applicant for any fiscal year only pursuant to aproject application whIch is submitted by apUblic or private agency and which providesthat-

"(I) funds wlll be proVided for carryingout any child development program underthis part only to a qualified public or private agency or organization, Including but

31252 CONGRESSIONAL RECORD -SENATE September<O, 1971

not limited to a community action agency,single-purpose Headstart agency, communitydevelopment corporation, parent cooperative,organization of migrant agricultural workers,organlzation of Indians, private organizationinterested in child development, employeror business organlzation, labor union, employee or labor-management organization, orpublic or private educational agency orinstitution;

"(2) project policy committees shall beestablished and maintained, consisting cfnot less than ten members, composed so that(A) not less than half of the members ofeach such committee shall be parents ofchildren served in such projects, and (B) theremaining members of such committee shallbe comprised (i) of persons who are representative of the community and who shallbe approved by the parent members, and(il) of persons, the number of which shall benot less than one-third nor more than onehalf of the number of members appointedunder clause (i), who are partiCUlarly sk1lledby virtue of training or experience in childdevelopment, child health, child welfare, orother child services, except that the Secretarymay waive the requirement of this clause(11) to the extent that he determines, in accordance with reguladons which he shallprescribe, that such persons are not avaUableto the area to be served;

" (3) provision will be made for direct participation of such pol1cy committees in thedevelopment and preparation of project appl1cations under this part;

"(4) adequate provision will be made fortraining and other administrative expensesof such pol1cy committees (inclUding necessary expenses to enable low-income membersto participate in council or committee meetings) ;

"(5) project pol1cy committees shall haveresponsibility for approving basic goals,policies, actions, and procedures for the project appl1cant, including policies with respectto planning, overall conduct, personnel, budgeting, location of centers and fac1l1ties, anddirection and evaluation of projects;

"(6) programs assisted under this part w1llprovide for such comprehensive, health, nutritional, education, social, and other 1ervices, as are necessary for the full cognitive,emotional and physical development of eachparticipating child;

"(7) adequate provision will be made forthe regular and frequent dissemination ofinformation in the functional language ofthose to be served, to assure that parentsand interested persons are fully informed ofproject activities;

"(8) (A) no charge for services providedunder a child development program wlll bemade with respect to any child who is economically disadvantaged, except to the extent that payment wlll be made by a thirdparty (including a public agency) which isauthorized or required to pay for such services; and (B) such charges will be madewith respect to a chUd who is not economically disadvantaged in accordance with an appropriate fee schedule Which shall be established by the Secretary by regulation andwhich is based upon the ability of the familyto pay for such services, inclUding the extent to which any third party (inclUding apublic agency) is authorized or requiredto make payment for such services;

"(9) children will in no case be excludedfrom the programs operated pursuant to thispart because of their participation in nonpublic preschool or school programs or because of the intention of their parents to enroll them in nonpublic schools when theyattain school age;

"(10) programs wlll, to the extent appropriate, emp,oy paraprofessional aides andvolunteers, especially parents, older children,stUdents, older persons and persons preparing for careers in child development programs;

"( 11) no person will be denied employ-

ment in any program solely on the groundthat he fal1s to meet State or local teachercertification standards;

"(12) there are assurances satisfactory tothe Secretary that the non-Federal sharerequirements will be met; and

"( 13) provision will be made for such fiscalcontrol and fund accounting procedures asthe Secretary shall prescribe to assure properdisbursement of and accounting for FederalfundS.

"(b) A project application submitted in accordance with subsection (a) of this sectionmay be approved by the Secretary uponhis determination that it meets the purposesof this part.

"SPECIAL GRANTS TO STATES

"SEC. 517. Upon appl1cation submitted byany State, the Secretary is authorized to provide financial assistance for use by such Statefor carrying out activities fOr the purposesof-

"( 1) identifying child development goalsand needs within the State;

"(2) assisting in the establishment ofChild Development Councils and strengthening the capability of such Councils to effectively plan, supervise, coordinate, monitor, and evaluate child development programs;

"(3) encouraging the cooperation and par-"ticipation of State agencies in providing childdevelopment and related services, includinghealth, family planning, mental health, education, nutrition, and faml1y, social and rehabilltative services where requested by appropriate prime sponsors in the developmentand Implementation of comprehensive childdevelopment plans;

"(4) encouraging the fuil utilization ofresources and facilities for child development programs within the State;

"(5) disseminating the results of researchon child development programs;

"(6) conducting programs for the exchange of personnel Involved in child development programs within the State;

"(7) assisting pUblic and private nonprofitagencies and organizations in the acquisitionor improvement of facilities for child development programs;

"(8) assessing State and local licensingcodes as they relate to child developmentprograms within the State; and

"(9) developing information useful in reviewing prime sponsorship plans under section 513(g) and of Comprehensive ChildDevelopment Plans under section 515(b) (3).

"ADDITIONAL CONDITIONS FOR PROGRAMS

INCLUDING CONSTRUCTION

"SEC. 518. (a) Applications for financialassistance for projects inclUding construction may be approved only if the Secretarydetermines that construction of such facilities is essential to the provision of adequatechild development services, and that rental,renovation, remodeling, or leasing of adequate facillties is not practicable.

"(b) If any facility assisted under this partshall cease to be used for the purposes forwhich It was constructed, the United Statesshall be entitled to recover from the applicant or other owner of the facility an amountwhich bears to the then value of the facility(or so much thereof as constituted an approved project) the same ratio as the amountof such Federal funds bore to the cost of thefacility financed with the aid of such funds,unless the Secretary determines in accordance with regulations that there is good causefor releasing the applicant or other ownerfrom the obligation to do so. Such value shallbe determined by agreement of the parties orby action brought in the United States district court for the district in which the facility is situated.

"(c) All laborers and mechanics employedby contractors or sUbcontractors on all construction, remodel1ng, renovation, or alteration projects assisted under this part shallbe paid wages at rates not less than those

prevailing on similar construction in thelocality as determined by the Secretary ofLabor In accordance with the Davis-BaconAct, as amended (40 U.S.C. 276a-276a-5).The Secretary of Labor shall have with respect to the labor standard specified In thissection the authority and functions set forthin Reorganization Plan Numbered 14 of 1950(15 F.R. 3176) and section 2 of the Act ofJune 13, 1934, as amended (40 U.S.C. 276c).

"(d) Any Federal assistance for construction shall be in the form of grants, and shallnot be paid to other than publlc or privatenonprofit agencies and organizations. Notmore than 15 per centum of the total financial assistance prOVided to a prime sponsorunder this part shall be used for construction of facilities.

"USE OF PUBLIC FACILITIES FOR CHILD

DEVELOPMENT PROGRAMS

"SEC. 519. (a) The Secretary, after consultation With other appropriate officials ofthe Federal Government, shall within sixteen months after enactment of this title report to the Congress with respect to the extent to which facll1ties owned or leased byFederal departments, agencies, and independent authorities could be made availableto publlc and private nonprofit agencies andorganizations, through appropriate aITangements, for use as facll1ties for child development programs under this title during timesand periods when not ut111zed fUlly for theirusual purposes, together with his recommendations (including recommendations forchanges in legislation) or proposed actionsfor such use.

"(b) The Secretary may require, as a condition to the receipt of assistance under thispart, that any prime sponsor under this partagree to conduct a review and provide theSecretary with a report as to the extent towhich facll1ties owned or leased by suchprime sponsor, or by other agencies in theprime sponsorship area, could be made available, through appropriate arrangements, foruse as fac111ties for child development programs under this title during times andperiodS when not utilized fully for theirusual purposes, together With the primesponsor's proposed actions for such use.

I'PAYMENTS

"SEc.520.(a) In accordance with this section, the Secretary shall pay from the appllcable allocation or apportionment under sectlon 503 the Federal share of the costs ofprograms, services, and activities, in accordance with plans or applications which havebeen approved as provided in this part.

"(b) (1) Except as provided in paragraphs(2) and (3) of this subsection, the Secretaryshall pay an amount not in excess of 80 percentum of the cost of carrying out programs,services, and activities under this part. TheSecretary may, in accordance with such regulations as he shall prescribe, approve assistance in excess of such percentage if he determines that such action is required to prOVideadequately for the child development needsof economically disadvantaged children.

"(2) The Secretary shall pay an amountequal to 100 per centum of the costs of proViding child development programs for children of migrant agricultural workers andtheir families under this part.

"(3) The secretary shall pay an amountequal to 100 per centum of the costs of providing child development programs for children on Federal or State Indian reservationsunder this part.

"(c) The non-Federal share of the costsof programs, services, and activities assistedunder this part may be provided throughpublic or private funds and may be in theform of cash, goods, services, or fac111ties(or portions thereof that are used for program purposes), reasonably evaluated, andemployee and employer contributions.

"(d) Fees collected for services pursuant tosection 516(a) (8) shall be deemed financialassistance for purposes of section 515(a) (3).

"(e) If, with respect to any fiscal year, a

Se]Jtembe1' 9, 1971 CONGRESSIONAL RECORD - SENATE 31253prime sponsor or project apPlicant providesnon-Federal contributions for any program,service, or activity exceeding its requirements, such excess may be applied towardmeeting the requirements for such contributions for the subsequent fiscal year underthis part.

"(f) No State or locality shell reduce itsexpenditures for child development or daycare programs by reason of assijtance underthis part."PART B-TRAINING, TECHNICAL ASSISTANCE,

PLANNING, AND EVALUATION

"PRESERVICE AND INSERVICE TRAINING

"SEC. 531. The Secretary is authorized tomake payments to provide financial assistance to enable individuals employed or preparing for employment in child developmentprograms assisted under this title, includingvolunteers, to participate in programs ofpreservice or inservice training for professional and nonprofessional personnel, to beconducted by any agency carrying out a child

- development program, or any institution ofhigher education, including a communitycollege, or by any combination thereof.

"TECHNICAL ASSISTANCE AND PLANNING

"SEC. 532. The Secretary shall, directly orthrough grant or contract, make technicalassistance available to prime sponsors andto project applicants participating or seeking to participate in programs assisted llnderthis title on a continuing basis to assist themin planning, developing, and carrying outchild development programs.

"EVALUATION

"SEC. 533. (a) The Secretary shall makean evaluation of Federal involvement inchild development activities and services,which shall include--

"( 1) enumeration and description of allFederal activities which affect child development;

"(2) analysis of expenditures of Federalfunds for such activities and services;

"(3) determination of the effectiveness ofsuch activities and services;

"(4) the extent to which preschool, minority group, and economically disadvantaged children and their parents have participated in programs under this title; and

"( 5) such recommendations to Congressas the Secretary may deem appropriate.

"(b) The results of the evaluation required by subsection (a) of this section shallbe reported to Congress not later than twoyears after enactment of this title.

"(c) The Secretary shall establish suchprocedures as may be necessary to conductan annual evaluation of Federal involvement in child development programs, andshall report the results of each such evaluation to Congress.

"(d) Prime sponsors and project applicants assisted under this title and departments and agencies of the Federal Government shall, upon request by the Secretary,make available, consistent with other provisions of law, such information as theSecretary determines is necessary for purposes of making the evaluation requiredunder subsection (c) Of this section.

"(e) The Secretary may enter into contracts with public or private agencies, organizations, or individuals to carry out tbeprovisions of this section.

"( f) The Secretary shall reserve for thepurposes of this section not less than 1 percentum, and may reserve for such purposesnot more than 2 per centum, of the amountsavailable under paragraphs (2) IUld (3) ofsection 503 (a) of this title for any fiscalyear."FEDERAL STANDARDS FOR CHILD DE.VELOPMENT

SERVICES

"SEC. 534. (a) Within six months after theenactment of Economic Opportunity Amendments of 1971, the Secretary shall, after consulta.tion with other Federal agencies andwith the CommIttee establlshedpursuant to

subsection (c) of this section, promUlgate acommon set for program standards whichshall be applicable to all programs prOVidingchild development services with Federal assistance under this title, to be known asthe Federal Standards for Child Development Services. If the Secretary disapprovesthe Committee's recommendations, be shallstate the reasons therefor.

"(b) Such standards shall be no less comprehensive than the Federal InteragencyDay Care Requirements as approved by theDepartment of Health, Education and Welfare, the Office of Economic Opportunity,and the Department of Labor on September23,1968.

"( c) The Secretary shall, within sixtydays after enactment of this ti tie, appoint aSpecial Committee on Federal Standards forChild Development Services, which shall include parents of children enrolled in childdevelopment programs, representatives ofpublic and private agencies administeringchild develepment programs, and organizations, specialists, and others interested in thedevelopment of children. Net less than onehalf of the membership of the Committeeshall consist of parents of children participating in programs conducted under partA of this title and section 222 (a) (1) of thisAct. Such Committee shall participate in thedevelopment of Federal Standards for ChildDevelopment Services and modificationsthereof as provided in subsection (a).:'DEVELOPMENT OF UNIFORM MINIMUM CODE

FOR FACILITIES

"SEC. 535. (a) The Secretary shall, withmsixty days after enactment of the EconomicOpportunity Amendments of 1971, appointa speCial committee to develop a uniformminimum code for facilities, to be used inlicensing child development faclll ties. Suchstandards shall deal principally with thoseIll.-'l.tters essential to the h!:alth, safety, andphysical comfort of the children and the relationship of sucb matters to the FederalStandards for Child Development Servicesunder section 534.

"(b) The speci"l committee appointed under this section shall include parents of children participating in child development programs and representatives of State and locallicensing agencies, pUblic health officials,fire prevention officials, the construction industry and union8, public and private agencies or organizations administering childdevelopment programs, and national agenciesor organizations interested in the development of children. Not less than one-third ofthe membership of the committee shall consist of parents of children enrolled in programs conducted under part A of this titleand section 222(30) (1) of this Act.

"(c) Within one year after its appointment, the special committee shall completea proposed uniform minimum code for facilities and shall hold public hearings on theproposed code prior to SUbmitting its finalrecommendation to the Secretary for his approval.

"(d) After considering the recommendations submitted by the special committee inaccordance with subsection (c), the Secretaryshall promUlgate standards which shall beapplicable to all facillties receiving Federalfinancial assistance under this title or Inwhich programs receiving Federal financialassistance under this title are operated. Ifthe Secretary disapproves the committee'srecommendations, he shall state the reasons therefor. The secretary shall also distribute such standards and urge their adoption by States and local governments. TheSecretary may from time to time modify theuniform code for facilities in accordancewith procedures set forth in this section."PART C-MODEL FEDERAL GOVERNMENT CHILD

DEVELOPMENT PROGRAMS

"PROGRAM AUTHORIZED

"SEC. 541. (a) The secretary is authorizedto provide financial assistance for the purpose of establishing and operating model

child development programs (inclUding thelease, rental, or construction of necessaryfacilities and the acquisition of necessaryequipment a.nd supplies) for the children ofcivilla.n employees of the Federal Government.

"(b) Civilian employees of any Federalagency or group of such agencies employingeighty working parents of young childrenwho desire to participate in a program eligible fer assistance under this part shall-

"(1) designate or create for such purposean agency committee, the membership ofwhich shall be broadly representative of theworking parents interested in utilizing theseservices who are employed by the agency oragencies; and

"(2) submit to the Secretary a plan approved by the official in charge of such agencyor agencies, which:

"(A) prOVides that the child developmentprogram shall be administered under the direction of the agency committee;

" (B) prOVides that the program wUl meetthe Federal Standards for Child DevelopmentServices approved pursuant to section 534 andthe uniform minimum code for facilities approved pursuan]; to secUon 535;

"(C) prOVides a means of determining priority of eligibility among parents wishing touse the services of the program;

"(D) prOVides for a scale of fees based uponthe parents' financial status; and

"(E) prOVides for competent management,staffing, and facilities for such program.

"(c) The Secretary shall not make payments under this section unless he has received approval of the plan from the officialin charge of the agency whose employees willbe served by the child development program.

"PAYMENTS

"SEC. 542. (a) Not more than 80 per centumof the total cost of child development programs under this part shall be paid from Federal funds available under this title.

"(b) The share of the total cost not available under paragraph (a) may be providedthrough public or private funds and may bein the form of cash, goods, services, or facilities (or portions thereof that are used forprogram purposes), reasonably evaluated, feescollected from parents, and union and employer contributions.

"(c) If, With respect to any fiscal year, aprogram under this part provides contributions exceeding its requirements under thissection, such excess may be used to meet therequirements for such contributions for theSUbsequent fiscal year.

"PART D--RESEARCH AND DEMONSTRATIONS

"DECLARATION OF PURPOSES

"SEC. 551. The purposes of this part are tofocus national research efforts to attain afuller understanding of the processes of childdevelopment and the elfects of organized programs upon these processes; to develop effective programs for research into child development; and to assure that the results of research and development efforts are reflectedin the conduct of programs affecting childrenthrough the improvement and expansion ofchild development and related programs.

"RESEARCH AND DEMONSTRATION PROJECTS

"SEc.552. (a) In order to further the purposes of this part, the Secretary shall carryout a program of research and demonstrationprojects, which shall include but not be limited to-

"(1) research to determine the nature ofchild development processes a.nd the impactof various influences upon them, to develOptechniques to measure and evaluate childdevelopment, to develop standards to evaluate prOfessional and paraprofessional chUddevelopment personnel, and to determinehow child development a.nd related programs conducted in either home or institutional settings affect child developmentprocesses;

"(2) research to test alternative methodsof providing child development a.nd related

31254 CONGRESSIONAL RECORD.-SENA'I'E, September. 9, 1971services, and to develop and test innovativeapproaches to achieve maximum development of children and programs for trainingadolescent youth in child development;

"(3) evaluation of research findings andthe development of these findings and theeffective application thereof; and

"(4) dissemination and appl1cation of research and development efforts and demonstration projects to child development andrelated programs and early childhood education, using regional demonstration centers and advisory services where feasible.

"(b) In order to carry out the programprovided for In subsection (a), the SecretaryIs authorized to make grants to or enter Intocontracts or other arrangements with public or private nonprofit agencies (includingother Government agencies), organizations,and institutions, and to enter Into contracts with private agencies, organizations,Institutions, and Individuals.

"(c) In carrying out this section, the Secretary shall give priority to providing financial assistance for child development programs carried out by multicounty local development districts establlshed for purposesof the Appalachian Regional DevelopmentAct of 1965, as amended, or title V of thePublic Works and Economic DevelopmentAct of 1965, as amended.

"COORDINATION OF RESEARCH"SEC. 553. (a) Funds available to any

Federal department or agency for the purposes stated In section 551 or the activitiesstated in section 552(a) shall be availablefor transfer, with the approval of the headof the department or agency involved, Inwhole or in part, to the Secretary for suchuse as is consistent with the purposes forwhich such funds were provided, and thefunds so transferred shall be expendable bythe Secretary for the purposes for Whichthe transfer was made.

"(b) The Secretary shall coordinate,through the Office of Child Development,establlshed under section 582 of this titie,all child development research, training,and development efforts conducted withinthe Department of Health, Education, andWelfare and, to the extent feasible, by otheragencie3, organizations, and individuals.

"(c) A Child Development Research Council. consisting of a representative of theOffice of Child Development establlshed under section 582 of this title (who shall serveas chairman), and representatives from theFederal agencies administering the SocialSecurity Act and the Elementary and Secondary Education Act of 1965 and from theNational Institute of Mental Health, the National Institute of Child Health and HumanDevelopment, the Office of Economic Opportunity, the Department of Labor, andother appropriate agencies, shall meet atleast annually and at such more frequenttimes as they may deem necessary, In order toassure coordination of child development andrelated activities under their respective juriS

dictions and to carry out the provisions of thispart so as to assure-

"(1) maximum utilization of available resources through the prevention of dupllcatlon of activities;

"(2) a division of labor, insofar as iscompatible with the purposes of each of theagencies or authorities specified in this paragraph, to assure maximum progress towardthe achievement of the purposes of this part;a.nd

"(3) reconunendatlon of priorities for federally funded research and development activities related to the purposes of this partand those stated in section 501.

"PART E-NATIONAL CHILD ADVOCACY PROJECTS"STATEMENT OF PURPOSE

"SEC. 561. It Is the purpose of this part,through the conduct of demonstration projects, to explore the feasibility of the establlshment of a national child advocacy systemwhich will-

"(1) focus the Nation's resources on the

healthy development of chlldren, with specialattention to very young children;

"(2) create a focal point of responslbWtyat every level in American society to guarantee that chlldren and the families of whichchlldren are members receive the servicesneeded to prevent, and to cope with, mentaland phySical disabilities; and

"(3) evaluate existing programs for chlldren and develop better ways ot providingservices for children.

"DEMONSTRATION GRANTS"SEC, 562. (a) In order to carry out the pur

poses of this part, the Secretary is authorized,in accordance with the provisions of thispart, to make grants to publlc or privatenonprofit agencies or organizations for theestabllshment and operation of not morethan twenty Neighborhood Offices of ChlldAdvocacy.

"(b) Neighborhood Offices of Child Advocacy established under this part shall be distributed In such manner as to assure, to themaximum extent feasible, that such officeswlll be located in various geographical regions of the Nation, on an Indian reservation, and in rural areas, and that personsserved by such offices wm be representativeof the various racial, ethnic, and economicgroups in the Nation.

"PLANNING ASSISTANCE"SEC. 563. The Secretary is authorized to

make planning grants to and provide technical and other assistance to any publlc orprivate nonprofit agency or organizationwhich desires to establish a NeighborhoodOffice of Child Advocacy."DUTIES AND FUNCTIONS OF NEIGHBORHOOD

OFFICES OF CHILD ADVOCACY"SEC. 564. (a) It shall be the duty and

function of each Neighborhood Office of ChlldAdvocacy (hereinafter in this part referred toas the 'Office') to-

.. (1) prOVide an assessment of the needs otchildren who reside In the neighborhoodserved by such Office;

"(2) publicize its services to all residentsof the neighborhood served by the Office andto all professionals and organizations providing services affecting children in suchneighborhood;

"(3) prOVide counseling to any family withchildren residing within the neighborhoodserved by such Office which desires counselIng assistance;

.. (4) provide to any such family appropriate referrals and, In exceptional cases, purchase such services as are determined to beotherwise llnavallable and necessary orproper after assessment of needs andcounseling;

"(5) collect data and maintain currentrecords regarding Its activities and the services provided by it; and

"(6) provide training and related services."(b) (1) All purchases of services under

subsection (a) (4) of this section shall be reviewed from time to time and at least onceevery six months to determine the effectiveness and need for continuation of theservices.

"(2) No services shall be purchased undersubsection (a) (4) for more than twelvemonths unless a report is submitted to theSecretary. Such report shall state, but shallnot be limited to, (A) the reason the purchase was originally necessary, (B) the number of persons in the neighborhood who needor receive slmllar services, and (C) the stepsbeing taken by such Office and by State andlocal authorities to relieve the need for suchpurchase.

"(3) In arranging for purchases of servicesunder subsection (a) (4), the Office shall ensure that the family or guardian of the childhas been fUlly involved in the decision toseek services and agrees with the serviceschosen to meet the child's needs.

"(c) Each such Office shall make maximumuse of volunteer workers and shall attemptto assure the utilization of young people and

older persons in carrying out its functionswith respect to children (or the fam1l1es ofchildren) Who are in need of services provided by such omce.

"NEIGHBORHOOD C017NCILS' ON CHILDDEVELOPMENT

"SEC. 565. (a) (1) Each agency or organizationestabllshing a Neighborhood Officeot Child Advocacy under this part shJl1l forma Neighborhood COuncil on Child Advocacy toserve as the governing body of any such Officeand to be composed of not less than nine ormore than twenty-one members, who may beeIther elected or appointed, or a combinationthereof, for terms not in excess of three years.

"(2) At least half of the members of anysuch COuncil shall be individuals representing residents of the neighborhood served bythe Office governed by such COuncll. Onemember shall be such an individual who hasnot attained the age of twenty-one but whohas attained the age of fifteen.

"(b) The duties and responsiblllties of anysuch Council shall include--

"(I) the seleotion and employment of anindividual to serve as Director of the Officegoverned by such Councll, which Directorshall have authority to secure (through employment or contract) such additional personnel as may be necessary to carry out theduties of such Office;

"(2) the development for the neighborhoodserved by the Office of a comprehensive planto prOVide services for the children of suchneighborhood designed to meet, in accordancewith priorities contained in the plan, theneeds of such children, and to develop newand improve eXisting services to meet theneeds of such chlldren;

"(3) the maintenance of the fiscal responsibil1ty of the Office which it governs;

"(4) the establishment of personnel polIcies;

"(5) acting as an appeals body for parentsWho are dissatisfied with services prOVidedfor their children by the Office governed bysuch Council;

"(6) the assumption of responsibility forcoordinating and encouraging the development of services for children;

"(7) otherwise taking such actions asmany be appropriate to carry out the purposes of this part.

"AUTHORIZATION OF FUNDS"SEC. 556. For the purpose of carrying out

the provisions of this part, the Secretary isauthorized to use not to exceed $10,000,000of the amounts appropriated to carry outthis title for any fiscal year.

"ACCEPTANCE OF SERVICES TO BE ONVOLUNTARY BASIS

"SEC. 567. No Neighborhood Office of ChlldAdvocacy shall in any way coerce any tamlly to accept services prOVided by the Office,but each Office shall actively encourage alleligible residents of the neighborhood servedby the Office to accept the services providedby the Office and all interested residents ofsuch neighborhood to participate as volunteer workers in carrying out the activities ofthe Office.

"CONFIDENTIALITY OF RECORDS

"SEC. 568. (a) (1) Ea<:h Neighborhood Office of Child Advocacy shall treat as confidential all records pertaining to childrenand famllles who are receiving or have received services provided by the Office andshall maintain such records in such manner as to protect the privacy of individualswith respect to whom such records pertain.

"(2) Such records pertaining to any childshall be available for inspection and reviewby the parents or guardian of such child. TheOffice shall make information containedtherein available to other persons (inclUdingany pUblic or private agency or individual)upon receipt of written agreement to suchrelease from the parent or guardian of suchchild.

"(b) If any individual divulges, in contravention of the provisions of subsection

Septernber 9, 1971 CONGRESSIONAL RECORD - SENATE 31255(a), information referred to in such subsection pertaining to any person, such personmay (without regard to the amount in controversy) bring in the appropriate districtcourt of the United states an action againstsuch individual for the recovery of whichever 01 the following amounts is greater-

"(I) $500,or"(2) an amount equal to three times the

actual damages (if any) sustained by suchperson by reason of the action of such individual in divulging such information.

"(c) Whenever any person has reasonablecause to belIeve that any individual is preparing to take any action which would, incontravention of the provisions of subsection (a), divulge information referred to insuch subsection pertaining to such person,such person may bring a civil suit In theappropriate district court of the UnitedStates to enjoin such individual from taking such action.

"PART F-GENERAL PROVISIONS·'DEFINITIONS

"SEC. 581. As used in this title, the term.. (1) 'Secretary' means the Secretary of

Health, Education, and Welfare;"(2) 'State' means the several States and

the District of Columbia, Puerto Rico, Guam,AmerIcan Samoa, the VIrginia Islands, andthe Trust Territory of the Pacific Islands;

"(3) 'chlld development programs' meansprograIllS provided on a full-day or part-daybasis which provide the educational, nutritional, social, medical, psychological, andphysical services needed for chlldren to attaIn their full potential;

"(4) 'chlldren' means individuals whohave not attained the age of fifteen;

"(5) 'economically disadvantaged chlldren' means any children of a family having an annual income below the lower lIvingstandard budget (adjusted for regional andmetropolitan, urban, and rural differences,and famlly size), as determined annuallyby the Bureau of Labor Statistics of theDepartment of Labor;

"(6) 'handicapped chlldren'includes men.tally retarded, hard of hearing, deaf, speechemotionally disturbed, crippled, or otherhealth impaired chlldren or chlldren withsp;lcific learning disabllltles who by reason thereof require special education andrelated services;

"(7) 'program'includes any program, service, or activity, which is conducted fUll orpart time, day or night, in chlld development facllltles, in schools, in neighborhoodcenters, or in homes, or which provides chllddevelopment services for chlldren whose parents are working or receiving education ortraining;

"(8) 'locality' means any city or othermunicipallty or any county or other polItical subdivision of a State having generalgovernmental powers, or any combinationthereof;

"(9) 'parent' means any person who hasday-to-day parental responslblllty for anychild;

"(10) 'single parents' means any personwho has sole day-to-day parental responsibility for any child;

"( 11) 'working mother' means any motherwho requires child development services under this title In order to ur.dertake or contint:e ft~ll- or part-time work, training, oreducation outside the home;

"(12) 'mInority group' means persons whoare Negro, American IndIan, Spanlsh-surl'e.med Am<:lrican, Portuguese, or OrIental,and, as determined by the Secretary, children who are from environments In whIcha domInant language is other than Englishand who, as a result of language barrIers,do noc hr.ve an equal educational opportunIty, and, for the purpose of this paragraph,SpanIsh-surnamed Aluerlcans include persons of MexIcan, Puerto RIcan, Cuban, orSpanish origIn or ancestry;

"(13) 'bilirgual' refers to persons who areSpanish surnamed, AmerIcan Indian, Orien-

tal, Portugese, or others who have learnedduring childhood to speak the language ofthe minorIty group of which they are members and who, as a result of language barrIers, do not have an equal educational opportunity;

.. (14) 'local educational agency' meansany such agency as defined in section 801{!)of the Elementary and Secondary EducationAct of 1965;

"( 15) 'institution of higher education'means any such institution as defined insectIon 1201{a) of the Higher Education Actof 1965.

"OFFICE OF CHILD DEVELOPMENT"SEC. 582. The Secretary shall take all

necessary action to coordinate child development programs under his jurisdiction. Tothis end, he shall establish within the Department of Health, Education, and Welfare an Office of Child Development, adminIstered by a Director, which shall be theprincIpal agency of the Department for theadministration of this title and for the coordination of programs and .other actiVitiesrelating to child development.

"NUTRITION SERVICES"SEC. 583. In accordance with the purposes

of this title. the Secretary of Health, Education, and Welfare shall establish proceduresto assure that adequate nutrition serviceswlll be provided in child development programs under this title. Such servIces shallmake use of the Special Food Service Program for children as defined under section13 of the National School Lunch Act of1946 and the Child Nutrition Act of 1966,to the fullest extent appropriate and consistent With the provisIons of such Acts.

"SPECIAL PROVISIONS"SEC. 584. (a) The Secretary may make

such grants, contracts, or agreements, establish such procedures, pollcles, rUles, and regulations, and make such payments, in installments and in advance or by way of reImbursements, or otherwIse allocate or expend funds made available under this title,as he may deem necessary to carry out theprovIsions of this title, including necessaryadjustments in payments on account of overpayments or underpayments. Subject to theprovisIons of sectIon 585, the Secretary mayalso withhold funds otherwise payable underthis title In order to recover any amountsexpended in the current or immediately prIorfiscal year In violation of any provIsIon o!this title or any term or condition of assIstance under this title.

"(b) The Secretary shall prescribe regulations to assure that programs under this titlehave adequate internal administrative controlS, accountIng requirements, personnelstandards, evaluation procedures, and otherpolicies as may be necessary to promote theeffective use of funds.

" (c) The Secretary shall not provIde fi·nancial assIstance for any program or actiVity under thIs title unless he determInesthat persons employed in the programs under this tItle shall be paid wages which shallnot be lower than whichever Is the highestof (A) the minimum wage whIch would beapplicable to the employee under the FairLabor Standards Act of 1938, if section 6(a)(1) of such Act applied to the participantand If he were not exempt under section 1.3there::>f, (B) the State or local minImumwage for the most nearly comparable coveredemployment, or (C) the prevalling rates ofpay for persons employed In similar occupations by the same employer.

"(d) The secretary shall not provide financial assistance for any program under thistitle unless the grant, contract, or agreementwith res;Ject thereto specifically provIdes thatno person with responsibilities in the operaticn of such program wili discriminate withrespect to any program participant or anyapplicant for participaticn in such programbecause of race, cre'ed, color, national origin,sex, political affiliation, or beliefs.

"(e) The Secretary shall not provide financial assistance for any program under thistItle whIch involves political activIties; andneither the program, the funds providedtherefor, nor personnel employed in the adIninistration thereof, shall be, in any wayor to any extent, engaged in the conduct ('fpoUtlcal activities In contravention of section 603 of this Act.

"(f) The Secretary shall not provide financial assistance for any program under thiBtitle unless he determInes that no funds w1l1be used for, and no person will be employedunder the program on, the construction,operation, or maintenance of so much of anyfacl11ty as is for use for sectarian instructionor as a place for religious worship.

"(g) A child participating in a programassisted under this title shall not be required to undergo medical or psychologicalexamination (except to the extent related tolearning ablllty), immunization (except tothe extent necessary to protect the pubUcfrom epidemics of contagious diseases), ortreatment, if his parent or guardian objectsthereto in writing on religious grounds.

"WITHHOLDING OF GRANTS

"SEC. 585. Whenever the secretary, afterreasonable notice and opportunity for ahearing to any prime sponsor or project appUcant, finds-

"(I) that there has been a failure to comply SUbstantially with any requirement setforth in the plan of any such prime sponsorapproved under section 515; or

"(2) that there has been a failure to comply SUbstantially with any requirement setforth in the application of any such projectapplicant approved pursuant to section 516:or

"(3) that in the operation of any programor project carried out by any such primesponsor or project appUcant under this titlethere is a failure to comply SUbstantiallywIth any applicable provision of this title orregulation promUlgated thereunder;the Secretary shall notify such prime sponsor or project applicant of his findings andthat no further payments may be made tosuch sponsor or appUcant under this tItle (orin his discretion that any such prime sponsor shall not make further payments underthis title to specified project applicants affected by the fallure) untll he is satisfied thatthere is no longer any such failure to comply, or the noncompliance w1ll be promptlycorrected. The Secretary may authorize thecontinuation of payments with respect toany project assisted under this title WhichIs being carried out pursuant to such planor application and which is not involvedIn the noncompliance.

"PUBLIC INFORMATION"SEC. 586. Applications for designation as

prime sponsors, comprehensive child development plans, project applications, and allwritten ma.terial pertaining thereto shall bemade readily available wIthout charge to thepublic by the prIme sponsor, the applicant,and the Secretary.

"SEC. 587. Th<:l Secretary is dIrected to establlsh appropriate procedures to Insure thatno child shall be the subject of any researchor experimentation under this title otherthan routine testing and normal programevaluation unless the parent or guardian ofsuch child is Informed of such research orexperimentation and is given an opportunityas of right to except such child therefrom.

"SEC. 588. Nothing in this title shall beconstrued or applied in such a manner as toInfringe upon or usurp the moral and legalrights and responsibilities of parents orguardians with respect to the moral, mental,emotional, or physical development of theirchildren. Nor shall an; section of this title becOl~trued or applied In such a manner as topermit any invasion of privacy othenvise protected by law, or to abridge any legal remediesfor any such Invasion which is otherwiseprovided by law."

31256 CONGRESSIONAL RECORD - SENATE September 9, 1971(b) In order to achieve, to the greatest de

gree feasible, the consolidation and coordination of programs providing chUd development services, whUe assuring continuity ofexisting programs during transition to theprograms authorized under this title, the following provisions of law are amended, elfective Juiy I, 1973:

(1) Section 222 (a) (1) of the Economic Opportunity Act of 1964 is repealed,

(2) Section 162(b) of the Economic Opportunity Act of 1964 is amended by strikingout "day care for children" and inserting inlieu thereof "assistance in securing child development services for children but not operation of child development programs forchildren".

(3) Section 123 (a) (6) of the Economic Opportunity Act of 1964 is amended by strikingout "day care for children" and inserting inlleu thereof "assistance in securing child development services for chlldren". and addingafter the word "employment.. the phrase "butnot including the direct operation of chllddevelopment programs for chlldren".

(4) Section 312(b) (1) oftheEconomicOpportunity Act of 1964 is amended by strikingout "day care for chlldren....

COMM-:NITY ECONOMIC DEVELOPMENTSEC. 7. (a) The Economic Opportunity Act

is amended by inserting immediately aftertitle VI the following new title:

"TITLE VII-COMMUNITY ECONOMICuSTATEMENT OF PURPOSE

"SEC. 701. The purpose of this title ls toencourage the development of special programs by which the residents of urban andrurai iow-income areas may. through sel!help and mobUization of the community atlarge with appropriate Federal assistance.improve the quality of their economic andsocial participation in community life in sucha way as to contribute to the elimination ofpoverty and the establishment of permanenteconomic and social benefits.

"PART A-8PECIAL IMPACT PROGRAMSHSTATEMENT OF PURPOSE

"SEC. 711. The purpose of this part is toestablish special programs of assistance toprivate locally initiated community development corporations and related nonprofitagencies or organizations conducting activities which (1) are directed to the solution ofthe critical problems existing in particularcommunities or neighborhoods (definedwithout regard to political or other subdivisions or boundaries) within those urbanand rural areas haVing concentrations orsubstantial numbers of low-income persons;(2) are of sufiicient size, scope, and durationto have an appreciable impact in such communities, neighborhoods, and rural areas inarresting tendencies toward dependency,chronic unemployment, and community deterioration; and (3) hold forth the prospectof continuing to have such impact afterthe termination of financial assistance underthis title.

"ESTABLISHMENT OF PROGRAMS"SEC. 712. (a) The Director is authorized

to provide financial assistance to communitydevelopment corporations and to nonprofitagencies in conjunction with qualifyingcommunity development corporations forthe payment of all or part of the costs ofprograms which are designed to carry out thepurposes of this part. Such programs shallbe restricted in number so that each is ofsufiicient size, scope. and duration to havean appreciable impact on the area served.Such programs may include-

"(I) economic and business developmentprograms, inclUding programs which providefinancial and other assistance (includingequity capital) to start, expand, or locatebusiness in or near the areas served so asto provide employment and ownership opportunities for rp.sidents of such a':eas, andprograms including thosl, describen in title

IV of thLs Act for sma' I busines:;es in orowned by residents of su ~h areas;

"(2) community development and housingactivities which create new training, employment. and ownership opportunities andwhich contribute to an improved living environment; and

"(3) manpower training programs for unemployed or low-income persons which support and complement economic. business,housing, and community development pro'grams. including without limitation activities such as those decribed in part B of titleI of this Act.

"(b) The Secretary shall conduct programsassisted under this part so as to contribute,on an equitable basis between urban andrural areas, to the elimination of povertyand the establishment of permanent economic and social benefits in such areas.

"REQUIREMENTS FOR FINANCIAL ASSISTANCE"SEC. 713. (a) The Director, under such

regUlations as he may establish. shall notprovide financial assistance for any programor component project under this part unlesshe determines that--

.. (1) such community development corporation is responsive to residents of the areaunder gUidelines establlshed by the Director;

"(2) all projects and related facUities wUl,to the maximum feasible extent, be locatedin the area served;

"(3) projects wlll, where feasible, promotethe development of entrepreneurial and management skills and the ownersblp or participation in ownership of assisted businessesand housing by residents of the area served;

"(4) projects will be planned and carriedout with the maximum participation of localbusinessmen and financial institutions andorganizations by their inclusion on programboards of directors, advisory counclls, orthrough other appropriate means;

"(5) the program wlll be appropriatelycoordinated with local planning under thisAct, the Demonstration Cities and Metropolitan Development Act of 1966, and with otherrelevant planning for physical and human resources of the areas served;

"(6) the requirements of subsections122(e) and 124(a) of this Act have been met;

"(7) preference wlll be given to low incomeor economically disadvantaged residents ofthe areas served in filUng jobs and trainingopportunities; and

"(8) training programs carried out in connection with projects financed under thispart shall be designed wherever feasible toprOVide those persons who successfully complete such training with skills which are alsoin demand in communities, neighborhoods.or rural areas, other than those for whichprograms are established under this part.

"(b) Financial assistance under this section shall not be extended to assist in therelocation of establishments from one location to another if such relocation would resultin an increase in unemployment in the areaof original location.

"(c) The level of financial assistance forrelated ;mrposes under this Act to the areaserved by a special impact program shall notbe diminished in order to substitute fundsauthorized by this part.

"APPLICATION OF OTHER FEDERAL RESOuRCES

"SEC. 714. (a) SMALL BUSINESS AD1IUNISTRATION PROGRAMS.-

"( 1) Funds granted under this part Whichare invested, directly or indirectly, in a smallbusiness investment company or a local development company shall be included as'private paid-in capital and paid-in surplus,''combined paid-in capital and paid-in surplus,' and 'paid-in capital' for purposes ofsections 302, 303. and 502, respectively, of theSmall Business Investment Act of 1958.

"(2) Within ninety days of the enactmentof the Economic Opportunity Amendments of1971, the Administrator of the Small BUSiness Administration. after consultation withthe Director, shall prescribe such regulations

as may be necessary and appropriate to ensure the avallabllity to community development corporations of such programs as shallfurther the purposes of this part.

"(b) ECONOMIC DEVELOPMENT ADMINISTRATION PaOGRAMs.-

"(1) Areas selected for assistance underthis part shall be deemed 'redevelopmentareas' within the meaning of section 401 ofthe Public Works and Economic DevelopmentAct of 1965, and shall qualify for assistanceunder the provisions of title I and title II ofthat Act and shall be deemed to fulfill theoverall economic development planning requirements of section 202(b) (10) thereof.

"(2) Within ninety days of the enactmentof the Economic Opportunity Amendmentsof 1971, the Secretary of Commerce, afterconsultation with the Director, shall prescribe such regulations as may be necessaryand appropriate to ensure the availablllty tocommunity development corporations of suchprograms as shall further the purposes ofthis part.

"(c) PaOGRAMS OF THE DEPARTMENT OFHOUSING AND URBAN DEVELOPMENT.-The Secretary of Housing and Urban Development.after consultation with the Director. shalltake all necessary steps (1) to assure thatcommunity development corporations assisted under this part, or their subsidiaries, shallqualify as sponsors under section 106 of theHousing and Urban Development Act of 1968.and sections 221, 235, and 236 of the NationalHousing Act of 1949; (2) to assure that landfor housing and business location and expan.sion is made available under title I of theHousing Act of 1949 as may be necessary tocarry out the purposes of this part; and (3)to assure that funds are available under section 701(b) of the Housing Act of 1954 tocommunity development corpe-rations assisted under this part.

"(d) COORDINATION AND COOPERATION.-TheDirector shall take such steps as may benecessary and appropriate, in coordinationand cooperation with the heads of other Federal departments and agencies, so that contracts. subcontracts, and deposits made bythe Federal Government or in connectionwith programs aided with Federal funds areplaced in such a way as to further the purposes of this part.

"(e) REPORTING ON OTHER FEDERAL RESOURCEs.--0n or before six months after thedate of enactment of the Economic Opportunity Amendments of 1971. and annuallythereafter, the Director shall submit to theCongress a detalled report setting forth adescription of all Federal agency programswhich he finds relevant to achieving thepurposes of this part and the extent towhich such programs have been made available to community development corporations receiving financial assistance underthis part including specifically the availablllty and elfectiveness of programs referredto in subsections (a), (b), and (c) of thissection. Where appropriate, the report required under this SUbsection also shall contain recommendations for the more elfectiveutilization of Federal agency programs forcarrying out the purposes of this part.

"FEDERAL SHARE

"SEC. 715. Federal grants to any programcarried out pursuant to this part, includinggrants used by community development corporations for capital investments, shall (1)not exceed 90 per centum of the cost of suchprogram including costs of administrationun~ess the Director determines that assistance in excess of such percentage is requiredin furtherance of the purposes of this part.and (2) be made avallable for deposit to thegrantee, under conditions which the Director deems appropriate. within thirty daysfollowing approval by the Director and thelocal community development corporation ofthe grant agreement. Non-Federal contributions may be in cash or in kind, fairlyevaluated. including but not limited toplant. eqUipment. and services. capital in

Septe11tbel' 9, 1971 CONGRESSIONAL RECORD -SENATE 31257vestments made with funds granted as aresult of the Federal share of the costs ofprograms carried out under this part, andthe proceeds from such capital Investments,shall not be considered Federal property.

"PART B--RURAL PROGRAMS

"STATEMENT OF PURPOSE

"SEC. 721. It Is the purpose of this part tomeet the special economic needs of ruralcomm1Ulities or areas with concentrations orsUbstantial numbers of low-income personsby providing support to self-help progrllIllSwhich promote economic development andIndependence. Such programs should encourage low-income famllles to pool theirtalents and resources so as to create andexpand rural economic enterprise.

"FINANCIAL ASSISTANCE

"SEC. 722. (a) The Director is authorized toprovide financial assistance, including loanshaving a maximum maturity of 15 years andin amounts not resulting in an aggregateprincipal indebtedness of more than $3,500at anyone time, to any low-income ruralfamily where, in the jUdgment of the Director, such financial assistance has a reasonable posslblllty of effecting a permanent Increase in the Income of such families, or, Inthe case of the elderly, wlll contribute to theImprovement of their living or housing conditions, by assisting or permitting them to-

"( 1) acquire or Improve real estate or reduce encumbrances or erect Improvementsthereon;

"(2) operate or Improve the operation offarms not larger than family sized, Includingbut not limited to the purchase of feed, seed,fertilizer, livestock, pOUltry, and eqUipment;or

"(3) participate In cooperative associations, or to finance nonagricultural enterprises Which will enable such famllles to supplement their income.

"(b) The Director Is authorized to providefinancial assistance to local cooperative associations in rural areas containing concentrations or substantial numbers of low-income persons for the purpose of defrayingall or part of the costs of establishing andoperating cooperative farming, purchasing,marketing, and processing programs. Costswhich may be defrayed shall include but notbe limited to-

"(1) administrative costs of staff and overhead;

"(2) costs of planning and developing newenterprises;

"(3) costs of acquiring technical assistance;

"(4) Initial capital where it Is determinedby the Director that the poverty of the families participating in the program and the social conditions of the rural area require suchassistance.

"LIMITATIONS ON ASSISTANCE

"SEC. 723. (a) No financial assistance shallbe provided under this part unless the Director determines that-

"(1) any cooperative association receivingassistance has a minimum of fifteen activemembers, a majority of which are low-Incomerural p ersons;

"(2) adequate technical assistance is madeavailable and committed to the programs being supported;

" (3) such financial assistance will materially further the purposes of this part; and

"(4) the applicant Is fulfilling or will fulfill a need for services, supplies, or facilitieswhich is otherwise not being met.

"(b) The level of financial 3ssistance forrelated purposes under .thls A<;t to the areaserved by a program under this part shallnot be diminished in order to substitutefnnds authorized bv this part

"PART C--SUPPORT PROGRAMS

"TRAINING AND TECHNICAL ASSISTANCE

"SEC. 731. (a) The Director shall providedirectly or through grants, contracts, or otherarrangements such technical assistance and

training of personnel as may be reqUiredto effectively implement the purposes of thistitle. No financial assistance shall be provided to any public or private organizationunder this section unless the Director provides the beneficiaries of these services withopportunity to participate in the selection ofand to review the quality and utlllty of theservices furnished them by such organization,

"(b) Technical assistance to communitydevelopment corporations and rural cooperatives may Include planning, management, legal, preparation of feasib1l1ty studies,product development, marketing, and theprovision of stipends to encourage skilledprofessionals to engage in full-time activitiesunder the direction of a community organization financially assisted under this title.

"(c) TrainIng for employees of communitydevelopment corporations and for employeesand members of rural cooperatives shall InclUde, but not be limited to, on-the-jobtraining, classroom Instruction, and scholarships to assist them in development, managerial, entrepreneurial, planning, and othertechnical and organizational skllls which w1Ilcontribute to the effectiveness of programsassisted under this tltIe.

"DEVELOPMENT LOAN FUND

"SEC. 732. (a) The Director is authorizedto make or guarantee loans (either directlyor In cooperation With banks or other organizations through agreements to partIcipate on an immediate or deferred basis) tocommunity development corporations eligible for financial assistance under section 712of this title, to famllles under section 722(a).and to local cooperatives in rural areas eligIble for financial assistance under section722(b) for business, housing, and community development projects which the Director determines will carry out the purposesof this title. No loans, guarantees, or otherfinancial assistance shall be provided underthis section unless the Director determinesthat-

"( 1) there Is reasonable assurance of repayment of the loan;

"(2) a loan is not otherwise available onreasonable terms from private sources orother Federal, State, or looal programs; and

"(3) the amount of the loan, together Withother funds available, is adequate to assurecompletion of the project or achievement ofthe purposes for which the loan is made.

Loans made by the Director pursuant tothis section shall bear interest ,at a mte notless than a rate determined by the Secretaryof the Treasury taking Into consideration theaverage market yield on outstanding Treasury obligations of comparable maturity, plussuch additional charge, if any, toward covering other costs of the program as the DIrector may determine to be consistent withits purposes, except that, for the five yearsfollowing the date on which funds are initially available to the borrower, the rate ofinterest shall be set at a rate considered appropriate by the Director in light of the particular needs of the borrower, Which rateshall not be lower than 1 per centum. Allsuch loans shall be repayable within a periodof not more than thirty years.

"(b) The Director is authorized to adjustInterest rates, grant moratoriums on repayment of principal and interest, collect orcompromise any obligations held by him,and to take such other actions in respect ofsuch loans as he shall determine to be necessary or appropriate, consistent with thepurposes of this section.

"(c) (1) To carry out the lending andguaranty functions authorized under thispart, there shall be established a Development Loan Fund consisting of two separateaccounts, one of which shall be a revolVingfund called the Rural Development LoanFund and the other of which shall be a revolving fund called the Community Development Loan Fund. The capital of each such

revoiving fund shall remain available untilexpended.

"(2) The Rural Deveiopment Loan Fundshall consist of (A) repayments of principaland Interest and other receipts from thelending and guaranty operations of such revolving fund and the revolVing fund previously established under section 306 of thisAct, the assets and, liabllltles of which shallbe transferred to the Rural DevelopmentLoan Fund, effective July I, 1972, and (B)such amounts as may be deposited in suchFund by the Director out of funds madeavailable from appropriations for the purposes of carrying out this title.

"(3) The community Development LoanFund shall consist of (A) repayments ofprincipal and interest and other receiptsfrom the lending and guaranty operationsof such revolving fund, and (B) suchamounts as may be deposited In such fundby the Director out of funds made availablefrom appropriations for the purpose of carrying out this title for any fiscal year inexcess of $60,000,000 which shall be available only for grants to community development corporations.

"EVALUATION AND RESEARCH

"SEC. 733. (a) Each program for whichgrants are made under this title shall provide for a thorough evaluation of the effectiveness of the program in achieving Its purposes, which evaluation shall be conductedby such public or private organizations asthe Director may designate, and all or partof the costs of evaluation may be paid fromfunds appropriated to carry out this part.The results of such evaluatIons, togetherwith the Director's findings and recommendations concerning the program, shall be included in the report reqUired by section 608of this Act.

"(b) The Director shall conduct, eitherdirectly or through grants or other arrangements, research designed to suggest new programs and policies to achieve the purposes ofthis title in such ways as to provide opportunities for employment, ownership, and abetter quality of life for low-income resIdents. The Director shall particularlY investigate the feasiblllty and most appropriate manner of establishing developmentbanks and similar institutions and shall report to the Congress on his research findingsand recommendations not later than June 30,1973.

"PART D-GENERAL

"PROGRAM DURATION AND AUTHORITY

"SEC. 741. The Director shall carry out programs provIded for in this title during thefiscal year ending June 30, 1972, and for thetwo succeeding fiscal years. For each fiscalyear only such sums may be appropriated asthe Congress may authorize by law."

(b) Part D of title I of the EconomicOpportunity Act of 1964 is repealed,

(c) Effective after June 30, 1972, part A oftitle III of the Economic Opportunity Act of1964 is repealed.

LEGAL SERVICES PROGRA]4

SEC. 8. (a) The Economic Opportunity Actof 1964 Is amended by adding at the endthereof the following new title:"TITLE IX-NATIONAL LEGAL SERVICES

CORPORATION"DECLARATION OF POLICY

"SEC. 901. The Congress hereby finds anddeclares that-

"(I) it is in the public interest to providegreater access to attorneys and appropriateinstitutions for the orderly resolution ofgrievances and as a means of securing orderlychange, responsiveness, and reform;

"(2) many low-income persons are unableto afford the cost of legal services or of accessto appropriate institutions;

"(3) access to legal services and appropriate institutions for all citizens of theUnited States not only is a matter of private

31258 CONGRESSIONAL RECORD -SENATE September 9. 1971

and local concern, but also is of appropriateand important concern to the Federal Government;

.. (4) the integrity of the attorney-clientrelationship and of the adversary system ofjustice in the United States require thatthere be no political interference with theprovision and performance of legal services;

"(5) existing legal services programs haveprovided economical, effective, and comprehensive legal services to the client community so as to bring about a peaceful resolution of grievances through resort to orderlymeans of change;

"(6) a private nonprofit corporation shouldbe created to encourage the avallabillty oflegal services and legal institutions to allcitizens of the United States, free from extraneous interference and control.

"ESTABLISHMENT OF CORPORATION"SEC. 902. (a) There is established a non

profit corporation, to be known as the 'National Legal Services Corporation' (hereinafter referred to as the 'corporation') whichshall not be an agency or establishment ofthe United States Government. The Corporation shall be subject to the provisions of thistitle, and, to the extent consistent with thistitle, to the District of Columbia NonprofitCorporation Act. The right to repeal, alter,or amend this title is expressly reserved.

"(b) No part of the net earnings of theCorporation shall inure to the benefit of anyprivate person, and it shall be treated as anorganization described in section 170(c) (2)(B) of the Internal Revenue Code of 1954and as an organization described in section501(C) (3) of the Internal Revenue Code of1954 Which is exempt from taxation undersection 501(a) of such Code."PROCESS OF INCORPORATION AND ORGANIZATION

"SEC. 903. (a) There shall be a transitionperiod of six months following the date ofena~tment of the Economic OpportunityAmendments of 1971 for the process of incorporation and initial organization of theCorporation.

"(b) There is established /l.n incorporating trusteeship composed of the followingpersons or their designees: the president ofthe American Bar Association, the presidentof the National Legal Aid and DefendersAssociation, the president of the Associationof American Law Schools, the president ofthe American Trial Lawyers Association, andthe pl\Csident of the National Bar Association.The incorporating trusteesllip shall meetwithin 30 days after the enactment of theEconomic Opportunity Amendments of 1971to carry out the provisions Of this section.

"(c) (1) Not later than sixty days after theenactment of the Economic OpportunityAmendments of 1971, the incorporatingtrusteeship, after consulting with and receiving the recommendations of nationalorganizations of persons ellglble for assistance under this title, shall establish theinitial Clients Advisory Councll to be composed of eleven members selected, in accordance with procedures established by the incorporating trusteeship, from among Individuals eligible for assistance under this title.

"(2) Not latcr than sixty days after theenactment of the Economic OpportunityAmendments of 1971, the incorporatingtrusteeShip, after consulting with and receiving the recommendations of associationsof attorneys a~tlvely engaged in conductinglegal services programs, shall establish theinitial Project Attorneys Advisory Council tobe composed of eleven members selected, Inac~ordnnce with procedures established bythe incorporating trusteeShip, from amongattorneys who are actively engaged in providing legal services under any existing legalservices program.

"(3) To assist In carrying out the provisions of this subsection, the Director of theOffice of Economic Opportunity shall compilea list of all legal services programs publiclyfunded during the fi.scal year ending June 30,1971, and the subsequent fiscal year and

furnish such list to the incorporating trusteeship. n order to carry out the provislonsof this subsection, the Director of the Officeof Economic Opportunity shall make available to the incorporating trusteeship suchadministrative services and financial andother resources as It may require.

"(d) Not later than ninety days after theenactment of the Economic OpportunityAmendments of. 1971, the Clients AdvisOryCouncil and the Project Attorneys AdvisoryCouncil shall each meet and each shall SUbmit a list of individuals as provided in section 904(a) to serve on the initial board ofdirectors.

"(e) During the ninety-day period of incorporation of the Corporation the incorporating trusteeship shall take whatever actions are necessary to incorporate the Corporation, Including the filing of articles ofIncorporation under the District of Columbia Nonprofit Corporation Act, and to prepare for the first meeting of the board ofdirectors, except the selection of the executive director of the Corporation.

"(f) During the ninety-day period immediately follOWing the period specified in subsection (c) of this section the board shalltake whatever action is necessary to prepareto begin to carry out the activities of theCorporation six months after the enactmentof the Economic Opportunity Amendmentsof 1971.

"DIRECTORS AND OFFICERS"SEC. 904. (a) The Corporation shall have

a board of directors consisting of fifteen individuals, one of whom shall be elected annually by the board to serve as chairman.Members of the board shall be appointed asfollows:

"( 1) PUBLIC MEMBERs.-Qne member of theboard shall be appointed by the Chief Justiceof the United States after conSUltation withthe Judicial Conference of the United States.Nine members of the board shall be appointed by the President, by and with theadvice and consent of the Senate, as follows-

"(A) four members shall be appointedfrom among individuals in the general pUblic;

"(B) three members shall be appointedfrom among Individuals who are eligible forassistance under this title whose names aresubmitted by the Clients Advisory Council;

"(C) two members shall be appointed fromamong individuals whose names are submitted by the Project Attorneys AdvisoryCouncil.Appointments under clause (B) shall bemade from a list of ten indiViduals submitted by the Clients Advisory Councll forany year, and appointments under clause(C) shall be made from a list of ten Individuals submitted by the Project Attorneys Advisory Council for any year.

"(2) LEGAL ORGANIZATION MEMBERS.-Fiveindividuals shall be members of the boardby virtue of holding the following offices:

"(A) the president of the American BarAssociation or his designee;

"(B) the president of the National LegalAid and Defender Association or his designee;

"(C) the president of the Association ofAmerican Law Schools or his designee;

"(D) the president of the American TrialLawyers Association or his designee;

"(E) the president of the National BarAssociation or his designee.

"(b) (l) The directors appointed underparagraph (1) of subsection (a) shall be appointed for terms of three years except that-

"(A) the terms of the directors first takingoffice shall be effective on the ninety-first dayafter the enactment of the Economic Opportunity Amendments of 1971;

"(B) the term of the director first takingoffice appointed by the Chief Justice shallexpire at the end of one year;

"(C) the terms of the directors first takingoffice appointed by the President shall ex-

pire, as designated by the President at thetime of appointment, (i) in the case of directors from the general public appointedunder clause (A) of section (a) (1), two atthe end of one year, one at the end of twoyears, and one at the end of three years,(Ii) in the case of directors Whose names aresubmitted by the Clients Advisory Councilunder clause (B) of subsection (a) (1), oneat the end of one year, one at the end of twoyears, and one at the end of three years, and(Ill) in the case of directors whose names aresubmitted by the Project Attorneys AdvisoryCouncil under clause (C) of subsection(a) (1), one at the end of two years and oneat the end of three years; and

"(D) any director appointed to fill avacancy occurring before the expiration ofthe term for which his predecessor was appointed shall be appointed for the remainderof such term.

"(2) The directors selected under paragraph (2) of subsection (a) of this sectionshall serve for the term of olfice for whichthey are elected and by virtue of which theybecome members of the board except in nocase shall a term exceed three years. If anyof the legal organization members' terms willexceed three years by virtue of holding anoffice for more than three years, the boardshall provide for the appointment of a successor by the appropriate organization.

"(c) The Corporation sl1a1l have an executive director, who shall be an attorney, andsuch other officers, as may be named andappointed by the board of directors at ratesof compensation fixed by the board, whosl1all serve at the pleasure of the board. Noindividual shall serve as executive directOlof the Corporation for a period in excess ofsix years. The executive director sl1all serveas a member of the board ex olficio and shallserve without a vote. .

"(d) No political test or qualification shallbe used in selecting, appointing, or promoting any olficer. attorney, or employee of theCorporation. No officers or employees of theCorporation shall receive any salary fromany source other than the Corporation during the peried of employment by the corporation.

"(e) All meetings of the board, executivecommittee of the board, and advisory councils shall, whenever appropriate, be open tothe publiC, and proper notice of such meetings shall be provided to interested partiesand the public a reasonable time prior tosuch meetings.

.. (f) No member of the board may participate in any decision, action, or recommendation with respect to any matter whichdirectly benefits that member or any firmor organization with which that member Isthen currently associated.

"(g) Any board after the initial boardshall, in conSUltation with the respective advisory councils, provide for rules With respect to the subsequent meetings of theClients Advisory Council and the project Attorneys Advisory Council.

"ADVISORY COUNCILS; EXECUTIVE COMMITTEE"SEC. 905. (a) The board, after consulting

with and receiving the recommendations ofnational organizations of persons ellglble forassistance under ihis title, shall provide forthe selection of a Clients Advisory Councilsubsequent to the first such council established under section 903(e) (1) of this titleto be composed of not more than elevenmembers selected in accordance with procedures establlshed by the board, Includingterms of olfice, qualifications, and methodof selection and appointment, from amongindividuals who are eligible for assistanceunder this title. Such procedures must insure that all areas of the country and significant segments of the client population arerepresented, and in no event may more thanone representative on such councll be fromanyone State. The Clients Advisory Councilshall advise the board of directors and theexecutive director on policy matters relating

Septembel' 9,1971 CONGRESSIONAL RECORD-SENATE 31259to the needs of the cllent community andmay act as liaison between the cllent community and legai services programs throughsuch actiVities as it deems appropriate, including informational programs in languagesother than Engllsh. The Clients AdvisoryCouncil shall submit the list of individualsfor appointment as members of the board inaccordance with clause (.B) of section 904(a) (1).

"(b) The board, after consulting with andreceiving the recommendations of associations of attorneys actively engaged in conducting legal services programs, shall providefor t.he selection of a Project Attorneys Advisory Council subsequent to the first suchcotmcll established under section 903(c) (2)of this title to be composed of not morethan eleven members selected in accordancewith procedures establlshed by the board, ip-cluding terms of office, qualifications, andmethod of selection and appointment, fromamong attorneys who are actively engaged inproviding legal services under this title. Suchprocedures must ensure that all areas ofthe country are represented, and in no eventmay more than one representative on suchcouncil be from anyone State. The ProjectAttorneys Advisory Council shall advise theboard of directors and the executive directoron policy matters relating to the furnishingof legal services to members of the cllentcommunity. The Project Attorneys AdvisoryCouncil shall submit the list of individualsfor appointment as members of the boardin accordance with clause (C) of section904(a)(1) .

"(c) The board shall provide for SUfficientresources for each Advisory Council in orderto pay such reasonable travel costs and expenses as the board may determine.

"(d) The board may establish an executivecommittee of not less than five members normore than seven members which shall consistof the chairman of the board, the executivedirector of the Corporation, one director appointed pursuant to clause (A) of section904(A) (1), one director appointed pursuantto clause (B) or (C) of section 904(a), andone director appointed pursuant to section904(a) (2).

"ACTIVITIES AND POWERS OF THECORPORATION

"SEC. 906. (a) Effective six months afterthe enactment of the Economic OpportunityAmendments of 1971, in order to carry outthe purposes of this title, the Corporation isauthorized to-

"( 1) provIde financial assistance to qualified programs furnishing legal services tomembers of the cllent community;

"(2) provide financlal assistance to paythe costs of contracts or other agreementsmade pursuant to section 903 of this title;

"(3) carry out research, training, technical assistance, experimental, legal paraprofessional and cllnical assistance programs;

" (4) through financial assistance andother means, increase opportunities for legaleducation among individuals who are members of a minority group or who are economically disadvantaged;

.• (5) provide for the collection and dissemination of information designed to coordinate and evaluate the effectiveness of theactivities and programs for legal services invarious parts of the country;

"(6) offer advice and assistance to allprograms providing legal services and legalassistance to the client community con·ducted or assisted by the Federal Government Including-

"(A) reviewing all grants and contractsfor the provision of legal services to the cllentcommunity made under other provisions ofFederal law by any agency of the FederalGovernment and making recommendationsto the appropriate Federal agency;

"(B) reviewing and making recommendations to the President and Congress con-

CXVll--1967-Part 24

cerning any proposal, whether by legislationor executive action, to establlsh a federallyassisted program for the provision of legalservices to the client communitv; and

"(C) upon request of the President, providing training, technical assistance, monitoring, and evaluation services to any federally assisted legal services program;

"(7) establish such procedures and takesuch other measures as may be necessary toassure that attorneys employed by the Corporation and attorneys paid in whole or inpart from funds prOVided by the Corporationcarry out the same duties to their cHentsand enjoy the same protection from Interference as if such an attorney was hired di-rectly by the client; •

"(8) establish standards of ellgibllity forthe provision of legal services to be renderedby any granteeor contractee of the Corporation with special provision for priority formembers of the client community whosemeans are least adequate to obtain privatelegal services;

"(9) establish policies consistent with thebest standards of the legal profession to assure the integrity, effectlvenes, and professional quallty of the attorneys prOVidinglegal services under this title; and

"(10) carry on such other activities aswould further the purposes of this title.

"(b) In the performance of the functionsset forth In subsection (a), the CorporationIs authorized to-

"(I) make grants, enter into contracts,leases, cooperative agreements, or othertransactions. in accordance with bylaws established by the board of directors appropriate to conduct the actiVities of the Comora-tion; -

"(2) accept unconditional gifts or donations of services, money, or property, real,personal, or mixed, tangible or Intangible,and use, sell, or otherwise dispose of suchproperty for the purpose of carrying out itsactivities;

"(3) appoint such attorneys and other professional and clerloal personnel ·as may berequired and fix their compensation In accordance with the provision of chapter 51and SUbchapter III of chapter 53 of title 5,United States Code, relating to classificationand General SchedUle rates;

"(4) promulgate regUlations containingcriteria specifying the manner of approval ofappllcations for grants based upon the follOWing- considerations----

"(A) the most economical. effective, andcomprehensive dellvery of lege.! services to thecllent community;

"(B) peaceful resolution of grievances andresort to orderly means of seeking change;and

"(C) maximum utillzation of the expertiseand facllitles of organizations presently specializing in the delivery of legal services tothe cllent community;

"(5) establlsh and maintain a law Iibrarv;"(6) establlsh procedures for the conduct

of legal services programs assisted by theCorporation containing a requirement thatthe applicant will give assurances that theprogram ,,·m be superVised by·a policymaklngboard on which the members of the legalprofession constitute a majority (except thatthe Corporation may grant waivers of thisrequirement In the case of a legal servicesprogram which, upon the date of eractmentof the Economic Opportunity Amendments of1971, has a majority of persons who are notlawyers on its pollcymaking board) and members of the client communltv constitute atleast one-third of the members of such board.

"(c) In any case in which services areperformed for the Federal Government by theCorporation, the Corporation shall be reimbursed for the cost of such services pursuant to an agreement between the executivedirector of the Corporation and the head ofthe agency of the Federal Government concerned.

"(d) The Corporation shall ensure that attorneys employed full time in programs funded by the Corporation refraLl from any outside practice of law unless permitted as probono pub1!co activity pursuant to guidelinesestablished by the Corporation.

"(e) The Corporation shall ensure (1) thatall attorneys who are not representing a clientor group of clients refrain, while engaged inactivities carried on by legal services programs funded by the Corporation, from undertaking to influence the passage or defeatof any legislation by the Congress or Stateor local legi"lative bodies by representationsto such bodies, their members, or committe~s, unless such bodies, their members, ortheir committees request that the attorneymake representl'.tions to them, and (2) thatno fur-ds prOVided by the Corporations shallbe utllized for any activity which is plannedand carried out to disrupt the orderly conduct of business by the Congress or State orlocal legislative bodies, for any demonstration, rally, or picketing aimed at the familyor home of a member of a legislative body forthe purpose of influencing his actions as amember of that body, and for conducting anycampaign of advertising carried on througbthe commercial media for the purpose of Influencing the passage or defeat of legislation.

"(f) The Corporation shall establish guidelines for consideration of possible appeals tobe implemented by eacb grantee or contracteeof the Corporation to ensure the efficientutlllzation of resources. Such guidellnes shallin no way interfere with the attorney's responsib1llties and obligations under theCanons of Professional Ethics and Code ofProfessional Responsiblllty.

"(g) The board shall establlsh a graduatedschedule of fees requiring a cllent whoseIncome is above the level of poverty to payall or a portion of the cost of services, butonly in the event that such client is fl.'lancially able to do so.

"(h) No funds made available by the Corporation pursuant to this title shall be usedto provide legal services with respect to anycriminal proceeding (including any extraordinary writ, such as habeas corpus or coramnobis, designed to challenge a criminalproceeding) except, pursuant to guidelinesestabllshed by the Corporation, to provideservices not otherwise adequately available."NONPROFIT AND NONPOLITICAL NATURE OF THE

CORPORATION"SEC. 907. (a) The Corporation shall have

no power to issue any shares of stOCk, or todeclare or pay any dividends.

"(b) No part of the income or assets of theCorporation shall inure to the benefit of anydirector, officer, employee, or any other individual except as reasonable compensation forservices.

"(c) The Corporation may not contributeto or otherwise support any political party orcandidate for elective publlc office.

"(d) The Corporation shall ensure that allemployees of legal services programs fundedby the Corporation, while engaged in activities carried on by legal services programs,refrain (1) from any partisan polltical activity associated with a candidate for publlc orparty office, and (2) from any voter registration activity other than legal representationor any activity to prOVide voters or prospective voters With transportation to thepolls."ACCESS TO RECORDS AND DOCUMENTS RELATED

TO THE CORPORATION"SEC. 908. (a) Copies of all records and

documents pertinent to each grant and contract made by the Corporation shall be maintained in the principal office of the Corporation in a place readily accessible and open topubllc inspection during ordinary workinghours for a period of at least five yearsSUbsequent to the making of such grant orcontract.

CONGRESSIONAL RECORD-312.60"(b) Copies of all reports pertinent to the

evaluation, inspection, or monitoring ofgrantees and contractees shall be maintainedfor a period of at least three years in theprincipal office of the Corporation subsequentto such evaluation, inspection, or monitoring visit. Upon request, the substance of suchreports shall be furnished to the grantee orcontractee who is the SUbject of the evaluation, inspection, or monitoring visit.

"(c) The corporation shall afford noticeand reasonable opportunity for comment tointerested parties prior to issuing regulationsand guidellnes, and it shall publlsh in theFederal Register on a timely basis all its bylaws, regulations, and guidelines.

"(d) The Corporation shall be subject tothe provisions of the Freedom of InformationAct.

"FINANCING OF THE CORPORATION

SEC. 909. In addition to any funds reservedand made available for payment to the Corporation from appropriations for carrying outthe Economic Opportunity Act of 1964 forany fiscal year, there are further authorizedto be appropriated for payment to the Corporation such sums as may be necessary forany fiscal year. Funds made available to theCorporation from appropriations for any fiscal year shall remain available untllexpended."RECORDS AND AUDIT OF THE CORPORATION

AND THE RECIPIENTS OF ASSISTANCE

"SEC. 910. (a) The accounts of the Corporation shall be audited annually in accordancewith generally accepted auditing standardsby any independent licensed public accountant certified or llcensed by a regulatory authority of a State or polltical subdivision.Each such audit shall be conducted at theplace or places where the accounts of theCorporatiou are normally kept. All books, accounts, financial records, reports, files, and allother papers, things, or property belongingto or in use by the corporation and necessaryto fac11ltate the audit shall be made available to the person conducting the audit, consistent with the necessity of maintaining theconfidentiality required by the best standards of the legal profession, and full facilities for verifying transactions with the balance, or securities held by depositories, fiscalagents, and custodians shall be afforded toany such person. The report of each such independent audit shall be included in the annual report reqUired under this title. The audit report shall set forth the scope of theaudit and include such statements as arenecessary to present fairly the assets and lIab1l1ties, and surplus or deficit of the Corporation, With an analySis of the charges thereinduring the year, supplemented in reasonabledetail by a statement of the income and expenses of the Corporation during the year,and a statement of the sources and application of funds, together With the opinion ofthe independent auditor of those statements.

"(b) (1) The financial transactions of theCorporation for any fiscal year during whichFederal funds are avallable to finance anyportion of its operations may be audited annually by the General Accounting Office inaccordance with the principles and procedures applicable to commercial corporatetransactions and under such rules and regulations as may be prescribed by the Comptroller General of the United S~ates, consistent with the necessity of maintaining theconfidentiality required by the best standards of the legal profession. Any such auditshall be conducted at the place or placeswhere accounts of the Corporation are normally kept. The representative of the General Accounting Office shall have access toall books. accounts, records, rep~rts, files,and all other papers, things, or property belonging to or in use by the Corporation pertaining to its financial transactions andnecessary to facilitate the audit, and theyshall be afforded fUll facilities for verifyingtransactions with the balances or securities

held by depositories, fiscal agents, and custodians. All such books, accounts, records,reports, files, papers, and property of theCorporation shall remain in the possessionand custody of the Corporation.

.. (2) A report of each such audit shall bemade by the Comptroller General to the Congress. The report to the Congress shall contain such comments and information as theComptroller General may deem necessaryto inform Congress of the financial operations and conditions of the Corporation, together with such recommendations With respect thereto as he may deem advisable. Thereport shall also show specifically any program. expenditure, or other financial transaction or undertaking observed in the courseof the aUdit, Which in the opinion of theComptroller General, has been carried onor mltde without authority of law. A copy ofeach report shall be furnished to the executive director and to each member of theboard at the time subInltted to the Congress.

"(e) (1) Each grantee or contractee, otherthan a recipient of fixed price contractawarded pursuant to competitive bidding procedures, under this title shall keep suchrecords as may be reasonably necessary tofully disclose the amount and the dispositionby such recipient of the proceeds of suchassistance, the total cost of the project orundertaking in connection with which suchassistance is given or used, and the amountand nature of that portion of the cost ofthe project or undertaking supplied by othersources, and such other records as will facllltate an effective audit.

"(2) The Corporation or any of its duly authorized representatives shall have access forthe purpose of audit and examination to anybooks, documents, papers, and records of therecipient that are pertinent to assistance received under this title. The Comptroller General of the United States, or any of his dUlyauthorized representatives shall also have access thereto for such purpose during anyfiscal year for which Federal funds are available to the Corporation.

"REPORTS TO CONGRESS

"SEC. 911. The Corporation shall prepare ananuual report for transmittal to the President and the Congress on or before the 30thday of January of each year, summarizingthe activities of the Corporation and makingsuch recommendations as it may deem appropriate. This report shall include findingsand rp.commendatlons concerning the preservation of the attorney-cllent relationshipsand adherence to the Code of ProfessionalResponsibility of the American Bar Association in the conduct of programs supportedby the Corporation. The report shall includea comprehensive and detailed report of theoperations, activities, financial condition, andaccomplishments of the Corporation, together with the additional views and recommendations, if any, of members of the board.

t'DEFINITIONS

"SEC. 912. As used in this title, the term"(I) 'State' means the several States and

the District of Columbia, Puerto Rico, Guam,American Samoa, the Virgin Islands, and theTrust Territory of the Pacific Islands;

"( 2) 'Corporation' means the NationalLegal Services Corporation established pursuant to this title;

"(3) 'client community' means individualsunable to obtain private legal counsel because of inadequate financial means;

"(4) 'member of the client community' includes any person unable to obtain privatelegal counsel because of inadequate financialmeans;

"(5) 'representative of the cllent community includes any person who is selected bymembers of the cllent community whetheror not a member of that community;

"(6) 'legal services' 'includes legal advice,legal representation, legal research, education concerning legal rights and responsibil-

n~ril1i:~::;~~~ (including insl portion or the clientcommunity speaks a language other thanEnglish as the predominant language. or isb1llngual, services to those members of thecllent communIty in the appropriate language other than Engllsh);

"(7) 'legal profession' refers to that bodycomposed of all persons adInltted to practicebefore the highest court of at least one Stateof the United States;

"(8) 'nonprofit', as applied to any foundation, corporation, or assoc1ation means afoundation, corporation, or association, nopart of the net earnings of which inures, ormay laWfully inure to the benefit of anyprivate shareholder or individual.

"PROHmITION ON FEDERAL CONTROL

"SEC. 913. Nothing contained in this titleshall be deemed to authorize any department, agency, officer, or employee of theUnited States to exercise any direction, supervision, or control over the Corporationor any of its grantees or contractors or employees, or over the charter or bylaws orthe Corporation, or over the attorneys proViding legal services pursuant to this title,or over the members of the cllent communityreceiving legal services pursuant to this title.

"SPECIAL LIMITATIONS

"SEC. 914. The board shall prescribe procedures to insure that-

" (1) financial assistance shall not be suspended for failure to comply with applicableterms and conditions, except In emergencysituatIons, unless the grantee or contracteehas been given reasonable notice and opportunity to show cause why such action shouldnot be taken;

"(2) financial assistance shall not beterminated, an appllcation for refundingshall not be denied, and an emergency suspension or financial assistance s...llall not becontinued for longer than thirty days, unlessthe grantee or contractee has been affordedreasonable notice and opportunity ror a timely, full, and fair hearing.

"COORDINATION

"SEC. 915. The President may direct thatparticular support functions of the FederalGovernment, such as the General ServicesAdministration, the Federal telecommunications system, and other fac1l1ties, be utiUzedby the Corporation or its grantees or contractees to the extent not inconsistent withother appl1cable law.

"TRANSFER MATTERS

"SEC. 916. (a) Notwithstanding any otherprovision of law, on and after the date ofenactment of the Economic OpportunityAmendments of 1971, all rights of the Officeof Economic Opportunity to capital equipment in the possession of legal services programs assisted pursuant to sections 222(a)(3), 230, 232, or any other provision of theEconomic Opportunity Act of 1964, shall become the property of the National Legalservices Corporation.

"(b) Effective six months after the dateof enactment of the Economic OpportunityAmendments of 1971, all personnel, assets,liabilities, property, and records as determined by the Director of the Office of Management and Budget to be employed, held, orused primarily in connection with any function of the Director under section 222(a) (3)of this Act shall be transferred to the Corporation. Personnel transferred (except personnel under schedule A of the excepted service) under this subsection shall be transferred In accordance with applicable lawsand regulaticns and Without reduction inclassification or compensation for one yearafter such transfer. The Director shall takewhatever action is necessary and reasonableto find suitable employment for personnel tobe transferred pursuant to this subsectionwho do not 'Wish to transfer to the Corpora-tion. .

Septentber 9, 1971 CONGRESSIONAL RECORD - SENATE 31261"(c) Collective bargaining agreenlents in

effect on the date of enactment of the Economic opportunity Amendments of 1971covering employees transferred pursuant tosubsection (b) of this section shall continueto be recognized by the Corporation untila.ltered or amended pursuant to law."

(b) During the fiscal year lil72 the Directorof the Office of Economic Opportunity shalltake such action as may be necessary, in cooperation with the executive director of theNational Legal Services Corporation, to arrange for the orderly continuation by suchcorporation of financial assistance to legalservices programs assisted pursuant to sections 222 (a) (3), 230, 232, or any other provision, of the Economic Opportunity Act of1964. Whenever the Director of the Office ofEconomic Opportunity determines that anobllgation to provide financed assistancepursuant to any contract or grant agreementfor such legal services will extend beyondsix months after the date of enactment ofthis Act, he shall inclUde in any such contract or agreement provisions to assure thatthe obligation to provide such financial assistance may be assumed by the NationalLegal Services Corporation, SUbject to suchmodifications of the terms and conditionsof that contract or grant agreement as thecorporation determines to be necessary.

(c) Effective six months after the date ofenactment of this Act, section 222 (a) (3) ofthe Economic Opportunity Act of 1964 is repealed.

(d) Notwithstanding any other provisionof law, after the enactment of this Act butprior to the enactment of appropriations tocarry out the Economic Opportunity Act of1964 for the fiscal year ending June 30, 1972,the Director of the Office of Economic Opportunity shall, out of appropriations thenavailable to him, make funds available to assist in meeting the organizational expensesof the Corporation and in carrying out itsactivities.

(e) Title VI of the Economic OpportunityAct of 1964 is amended by inserting after section 622 thereof the following new section:

"INDEPENDENCE OF NATIONAL LEGAL SERVICES

CORPORATION

"SEC. 623. Nothing in this Act, except titleIX, and no reference to this Act uniess suchreference refers to title IX, shall be construed to affect the powers and actiVities ofthe National Legal Services Corporation."

SPECIAL PROGRAM AUTHORIZED

SEC. 9. Part B of title II of the EconomicOpportunity Act of 1964 is amended by adding at the end thereof the following newsections:

"DESIGN AND PLANNING ASSISTANCE GRANTS

"SEC. 226. (a) The Director shall makegrants or enter into contracts to prOVide financial assistance for the operating expensesof programs conducted by community-baseddesign and planning organizations to providetechnical assistance and professionai architectural and related services relating to housing. neighborhood facilities, transportationand other aspects of community planning anddevelopment to persons and community organizations or groups not otherwise able toafford such assistance. Such programs shall beconducted with maximum use of the voluntary services of professional and communitypersonnel. In prOViding assistance under thissection. the Director shall afford priority topersons in urban or rural poverty areas withsubstandard housing, substandard publlcservice facll1ties, and generally blighted conditions. Design and planning services to beprOVided by such organizations shall include--

(1) comprehensive co=unity or areaplanning and development.

"(2) specific projects for the priority planning and development needS"of the community; and

"(3) educational programs directed to localresidents emphasizing their role in the planning and development process in the community.

"(b) No assistance may be prOVided, underthis section unless such design and planningorganization-

"(1) is a nonprofit organization located inthe neighborhood or area to be served with amajority of the governing body of such organization comprised of residents of that neighborhood or area; and

"(2) has as a primary function the goal ofbringing about, through the involvement ofthe appropriate community action agency orotherwise, maximum feasible participation oflocai residents, especially low-income residents. in the planning and decisionmakingregarding the development of their community.

"(3) will carry out its design and planningservices principally through the voluntaryparticipation of professional and communitypersonnel (including, where available, VISTAvolunteers) .

"(c) Design and planning organizationsreceiving assistance under this section shallnot subcontract with any profit-making organization or pay fees for architectural or otherprofessional services.

"(d) The Director shall make whateverarrangements are necessary to continue pilotor demonstration projects of demonstratedeffectiveness of the type described in thissection receiving assistance under section 232of this Act during the fiscal year endingJune 30, 1971.

"YOUTH RECREATION AND SPORTS PROGRAM

"SEC. 227. (a) In order to provide to disadvantaged youth recreation and physicalfitness instruction and competition withhlgh-quallty faclllties and supervision andrelated educational and counseling services(including instruction concerning studypractices, career opportunities, job responsiblllties. health and nutrition, and drugabuse education) through regUlar association with college instructors and athletes andexposure to college and university campuses and other recreational faclllties. theDirector shall make grants or enter into contracts for the conduct of an annual YouthRecreation and Sports Program concentratedin the summer months and with continuedactivities throughout the year, so as to offerdisadvantaged youth llving in areas of ruraland urban poverty an opportunity to receivesuch recreation and educational instruction,information, and services and to participatein such physical fitness programs and sportscompetitions.

"(b) No assistance may be provided underthis section unless satisfactory assurancesare received that not less than 90 per centum df the youths participating in eachprogram to be assisted under this section arefrom familles with incomes below the povertylevel, as determined by the Director, and thatsuch participating youths and other neighborhood residents, through the involvementof the appropriate community action agencyor otherwise. wlll have maximum participation in program planning and operation.

"(c) Programs under this section shall beadministered by the DirectlJr. through grantsor contracts with any qualified organizationof colleges and universities. or such otherquallfied nonprofit organizations active inthe field with access to appropriate recreational facUlties as the Director shall determine in accordance with regulations whichhe shall prescribe. E3.ch such grant or contract and subcontract with p3.rticipating institutions of higher education or other qualified organizations active in the field shallcontain provisions to assure that the program to he assisted will provide a non-Federal contribution (in cash or in-kind) of noless than 20 per centum of the direct costsnecessary to carry out the program. Each such

grant, contract, or subcontract shall inclUdeprovisions for-

"(1) providing opportunities for disadvantaged youth to engage in competitivesports and receive sports skllls and physicalfitness instruction and education in goodhealth and nutrition practices;

"(2) providing such youth With instruction and information regarding stUdy practices, career opportunities, job responsiblllties, and drug abuse;

"(3) carrying out continuing related actiVities throughout the year;

"(4) meeting the requirements of subsection (b) of this section;

"(5) enabllng the contractor and institutions of higher education or other quallfledorganizations active in the field located conveniently to such areas of poverty and thestudents and personnel of such institutionsor organizations active in the field to participate more fully in community life andin solutions of community problems; and

"(6) serving metropolltan centers of theUnited States and rural areas, within thelimits of program resources."

FUNCTIONS OF DIRECTOR

SEC. 10. NotWithstanding any other provision of law, unless enacted hereafter inlimitation of the provisions of this section,no new transfers or delegations of programsadministered by the Director of the Officeof Economic Opportunity under titles II, III,VI, and VII of the Economic OpportunityAct of 1964, as amended. shall be made tothe head of any other agency, during thefiscal year ending June 30, 1972. and thesucceeding fiscal year.

PUERTO RICO

SEC. 11. (a) NotWithstanding any otherprovision of law, the Director of the Officeof Economic Opportunity shall reserve, forthe purpose of section 255 (a) of the Economic Opportunity Act of 1964. not morethan 4 per centum of the appropriated sumsfor the fiscal year ending June 30, 1972,for Puerto Rico, Guam. American Samoa, theTrust Territory of the PacUlc Islands, andthe Virgin Islands, according to their respective needs.

(b) Effective after June 30, 1972, section225(a) of such Act is amended by strikingout "Puerto Rico....

(c) Effective after June 30, 1972, the firstsentence of paragraph (1) of section 609 ofsuch Act is amended by striking out theword "or" the second time it appears in suchsentence and inserting in lleu thereof a comma and the following: "Puerto Rico, or".

TECHNICAL PROVISIONS

SEC. 12. (a) The appllcation of the formula prescribed by section 225(a) of the Economic Opportunity Act of 1964 for the allotment of funds among the States may bewaived by the Director to the extent hedeems necessary to prevent hardShip in theallotment of funds for programs under title II of such Act resulting from the discontinuance of the authorization for section222(a) (1) of such title by this Act.

(b) The Director may extend assistanceunder sections 221 and 222(a) of the Econ8mic Opportunity Act of 1964 to a community action agency or other agency whichis in excess of the maximum prescribed insection 225(c) of such Act, if he determines,in accordance with such regulations as heshall prescribe, that the ablllty of such agency to provide its share of the program costspursuant to such section 225(c) has beenimpaired by virtue of the discontinuance ofthe authorization for section 222(a) (1) ofsuch Act to an extent which justifies suchadditional assistance.

Mr. eTAVITS. Mr. President, I move toreccnsider the vote by which the billwas passed.

31262 CONGRESSIONAL RECORD - SENATE

Mr. NELSON. I move to lay that motion on the table.

The motion to lay on the table wasagreed to.

Mr. GRIFFIN. Mr. President (Mr.ROTH), I take tl1e fl00r at this time toinquire of the distinguished acting majority leader if he would advise us concerning the program for the rest of theday and the rest of the week.

Mr. BYRD of West Virginia. Mr. President, before responding to the inquiry,may I take this occasion to express mycommendations to the very distinguishedSenator from Wisconsin (Mr. NELSON)on his exemplary handling of the measure which has just been passed by theSenate. I would never have thought thatthis measure could have been passed inless than a day and a half, which hasbeen the case. Heretofore, it has requiredseveral days. I think it is a tribute to hisgeneralship, to his thoroughness, to hisknowledge of the contents of the bill, tohis expertise, to his genuine good nature,and to the splendid cooperation he hasgiven to the leadership and to all Senators in the effort to expedite the handling of the matter.

May I also compliment the distinguished Senator from Ohio (Mr. TAFT)who offered several amendments. May Ithank him, on behalf of the majorityleader, for his splendid cooperation inagreeing to time on each of those amendments.

While compliments are being appropriately expressed, may I salute the distinguished Senator from New York (Mr.JAVITS) on the efforts he has put forthto expedite the bill. May I complimentall Senators who had amendments, andcertainly the leadership on the minorityside, for its splendid cooperation in thematter. Regardless of one's viewpoint regarding S. 2007, I'pay just tribute to themanager of the bill ar..d all those Senators who had a part in the floor workyesterday and today. Theirs was a jobwell done.

Mr. NELSON. Mr. President, I thankthe distinguished Senator from West Virginia for his kind remarks. It was possible to mark up this bill, which has substantial, creative changes in it, to getit to the floor of the Senate and actedon in a day and a half, because of the bipartisan manner in which the Subcommittee on Poverty operates and the bipartisan way in which the full Committee on Labor and Public Welfare itselfworks.

The distinguished Senator from NewYork (Mr. JAVITS), as the ranking member of the full committee, along with therest of the Republican members on thecommittee, have been most cooperativein working out all differences of opinion.The objective of the committee at alltimes has been for the parties with opposing viewpoints to reach a constructivecompromise, and that was done.

I have never served on a committeeon which members of the other partywere more cooperative and constructivein their efforts than in the Committee onLabor and Public Welfare. I emphasizethat it would not have been possible towork out the legislation without the cooperation of the minority members.

I also wish to say that the minority

staff and the majority staff have beenmost helpful and cr'eative in drafting andredrafting sections of the bill, in preparing the hearings, and assisting the committee in developing a sound and welldrafted bill, as well as a good committeereport.

Mr. President, I wish also to commendand to thank those staff members whohave worked with us in the developmentof this bill, particularly William R. Bechtel, Richard E. Johnson, William Spring,Sidney Johnson, Bertram Carp, StevenEngelberg and Jonathan R. Steinberg forthe majority, and John Scales, and Richard D. Siegel for the minority.

Mr. President, I also wish to expressmy gratitude to the distingUished Senator from West Virginia for his kindremarks.

Mr. JAVITS. Mr. President, any statement about the handling of this bill mustinclude the name of the distinguishedSenator from Pennsylvania (Mr. SCHWEIKER) who was here yesterday in myabsence and did, from all accounts, abrilliant job on the amendments andtheir timing, and the votes thereon. Asthe ranking member on the subcommittee, I am proud of the work he did.

Let me also mention the name of JohnK. Scales, the minority counsel on thisparticular subcommittee, who· laborednights and days and weekends to do hispart in what the distinguished Senatorfrom Wisconsin (Mr. NELSON) has appropriately described as a monumentaljob by the staff, whose names he hasspread on the record, including Mr. Johnson, Mr. Spring, and Mr. Bechtel of thesubcommittee staff, and Mr. Johnson,Mr. Carp, and Mr. Engelberg who haveassisted Senator MOWDALE. I am verygratefUl to my colleagues for the finework they did.

Mr. NELSON. Mr. President, I jointhe distinguished Senator from New York(Mr. JAVITS) in saying that the distinguished Senator from Pennsylvania (Mr.SCHWEIKER) did a magnificent job inassisting in the explanation and thehandling of the bill on the floor of theSenate yesterday when Mr. JAVI7S wasnecessarily absent.

Mr. CRANSTON. Mr. President, I joinin the tributes paid to the Senator fromWis:::onsin (Mr. NELSON), floor managerof the bill and the chairman of the subcommittee on Employment Manpower,and Poverty, for his tremendously marvelous hRndling of the bill through thesub:::ommittee, the full committee, andnow the entire Senate, so ably and effectively assisted by the Senator from Minnesota (Mr. MOND.\LE), and the Senatorfrom NelV York (Mr. JAVITS). The Senator from Pennsylvania (Mr. SOHWEIKER) who was for the first time acting on the Senate floor in the role ofranking minority member of the Employment Manpower and Poverty Subcommittee on a major poverty measure, alsohad a great deal to do v:ith the effectiveand expeditious handling of the bill, asdid the Senator from Ohio (Mr. TAFT).Although the Senator from Ohio and Idiffered on certain amendments, his cooperation speeded the measure throughthe Senate, and he has been a vigorouschampion of the committee provisions on

legal services which he was so instrumental in developing.

I wish to pay tribute to another whoalso had a great deal to do with the expeditious handling of the bill. That Senator is the acting majority leader, theSenator from West Virginia (Mr. BYRD),who was enormously helpful in movingthe bill so rapidly through the Senate.Finally, we must recognize the contributions made to the handling of the billby the chairman of the Labor and PublicWelfare Committee, the Senator fromNew Jersey (Mr. WILLIAMS).

I also call attention to and commendthe outstanding staff work of the majority staff of the Subcommittee on Employment, Manpower, and Poverty, WilliamBechtel, Richard Johnson, and WilliamSpring, and the members of the minoritystaff, John Scales and Marty Klein, alongwith the staff members assisting the Senator from Pennsylvania (Mr. SCHWEIKER), Dick Siegel, and the Senator fromMinnesota (Mr. MONDALE), Sid Johnson,Bert Carp, and Steve Engelberg, not tomention Jon Steinberg of my subcommittee staff who, I think, aU worked nightand day for many hours on the important substance of this measure program.

Mr. BYRD of West Virginia. Now, Mr.President, with apologies to the distinguished junior Senator from Michigan--

Mr. GRIFFIN. Mr. President, let mesay to the distinguished acting majorityleader that if I were not so anxious to getback to the dining room to rejoin thethree astronauts, with whom I am having lunch, I would speak for 5 minutes ormore about the work of those who havemanaged the bill on both sides of theaisle as well as others who have participated in the debate.

However, let me say that I join in thetributes already extended by the actingmajority leader.

Mr. BYRD of West Virginia. Mr. President, I thank the distinguished assistantminority leader, and now, with apologiesto him, I respond to his inquiry.

The Senate will adjourn before toomuch longer--

Mr. CRANSTON. Mr. President, wouldthe Senate from West Virginia yield sothat I may comment on the commentswhich have just been made regardingthe just-passed bill?

Mr. BYRD of West Virginia. Let mecontinue first, if the Sen3tors please, andthen I will ask that the able Senator'sremarks appear in the RECORD at theappropriate place with those just made.

Mr. STENNIS. Mr. President, may wehave quiet in the Chamber so that thefcting majority lead<:r may be heard?

The PRESIDING OFFICER (MrROTH). The Senate will plmse be inorder.

Mr. BYRD of We3t Virginia. I thankthe distinguished SelEtor ·from Mississippi Ci.\1L·. S~E"NIS) .

Mr. Pres~,lent, the Senlte will conveneto:norrowat 10 a.m. Immediately following the recognition of the two leJ.ders, ortheir designees, under the standing order, the following Senators 'Will be recognized, each for not to exceed 15 minutes, and in the stated order:

Senators JACKSON, DOLE, PERCY, andCOOK.

September 9, 1971 CONGRESSIONAL RECORD -SENATE 31263Following the recognition of these

Senators under the ord0!" which I shallget later, there will be a period for thetransaction of routine morning business,not to exceed 15 minutes, with statements therein limited to 3 minutes; following which the Senat·e will resumeconsideration of the so-called militaryprocurement bill, H.R. 8687, which I expect to ask the Chair to lay before theSenate and meke the pending businessbefore I yield the floor today.

I have discussed this matter at consideraWe length with the very distinguished Senator from Mississippi (Mr.STENNIS), who is the chairman of theCommittee on Armed Services and whowill be the manager of the bill on thefloor. In view of those consultations withthe Senator from Mississippi, I am inclined to announce that there will be nomore rollcall votes today, and that tomorrow wia be consumed with resr:ect toopening statements on that legislation.Therefore, Senators need not expect anyrollcall votes on tomorrow.

The Senate will adjourn tomorrow, atthe close of business, until 10 a.m., onMonday morning next.

In accordance with the wishes of thedistinguished majority leader, and inaccordance with the arrangements whichhe made some days ago, the Senate, onMonday next, will proceed to the consideration of the conference report onthe extension of the draft. The unfinished business, of course, Will continue tobe the military procurement bill.

It is anticipated that rollcall votes mayoccur at any time on any day next week.

The distinguished majority leader indicated also, some time ago, that the Senate might anticipate sessions on Saturdays after this weekend.

Mr. STENNIS. If the Senator will yieldso that I may respond briefly to theSenator's remarks about the setting ofthe military procurement bill, I commend the Senator and the Senate fordisposing of the other bill. We are readyto present the military procurement bill.I think it will save time for the Senate,though, later-I am sure it wili, if thecommittee is given the opportunity onthe flrst day to present the overall picture of what is in the bill and the pertinent parts of the report, and such otherremarks as the subcommittee chairman,as well as the chairman of the full committee may see flt to make on the overallsubjects-and down to the detail level,too.

So, Mr. President, we will be readytomorrow, when we get to the bill, and ifanyone in opposition to it wishes tospeak, that will be all right and they willhave an equal opportunity to state theirviews.

Mr. FULBRIGHT. Mr. President, Ijoin my colleagues in commending theleadership, as well as the manager of thebill which has just been passed, onthe efficient and excellent way it washandled.

With regard to the military procurement bill coming up, on behalf of thedistinguished Senator from Missouri(Mr. SYMINGTON) and myself, he is intensely interested in some aspects of it,as I am, and we wanted to make therequest of the leadership that with re-

gard to any anticipated unanimous consent request on votes on the bill oramendments, certainlY those in whichwe would be interested, that we havepositive notice of it.

I know it is difficult for ',he leaders111pbecause we are sometimes in committeemeetings or not on the 11001'. However,this is an extremely important bill. Bythis I do not mean in any way to criticizethe leadership for the unanimous consent procedure. I think on most bills itis entirely in order and entirely properand the most efficient way in which tohandle it. However, there are certainbills that involve vast sums of money inwhich we want to be very sure that weare not precluded from offering amendments.

I hope that is the understanding ofthe leadership.

Mr. BYRD of West Virginia. Mr. President, it will be the understanding of theleadership. The ieadership will certainlykeep the wishes of the distinguIshedjunior Senator from Arkansas in mind.The Senator from Arkansas has also included in the request the name of thedistinguished senior Senator from Missouri (Mr. SYMINGTON) .

Mr. FULBRIGHT. The Senator is correct. I have discussed it with him, andhe makes the same request.

IVa. BYRD of West Virginia. The Senator can be assured that any unanimousconsent requests concerning amendments of interest to him or to the seniorSenator from Missouri will certainly bediscussed with them before such requestsare presented to the Senate.

Mr. FULBRIGHT. I thank the Senator.

Mr. BYRD of West Virginia. Mr. President, I might say, in that connection,that the distinguished Senator from Wisconsin (Mr. NELSON) has four amendments to the military procurement bill.He has already indicated his agreementto enter into a unanimous-consent agreement with respect to each of his fouramendments, with 1 hour to be allottedto each. The Senator from Mississippi(Mr. STENNIS) has indicated his consentwith respect thereto.

UNANIMOUS-CONSENT REQUEST

If the Senator from Arkansas wouldnot think it inappropriate at this time,I would now ask unanimous consent thatthere be a time agreement with respectto those four amendments only, so that atsuch time as the Senate reaches thosefour amendments they would be under atime limitation.

Mr. FULBRIGHT. I am not aware ofthe substance of the four amendments towhich the Senator refers. If they do notinvolve the subject in which I am interested, I would have no objection. However, I am not aware of the substanceof the amendments.

Mr. BYRD of West Virginia. Very well.I will not seek a unanimous-consentagreement at this time, inasmuch as Icannot inform the able senator as totheir exact nature.

Mr. FULBRIGHT. If they cover thesame subject in which the senator fromMissouri is interested, we would have objection. We do this with the intention ofhaving flexibility on certain amendmentsthat deal with certain subjects.

Mr. BYRD of West Virginia. The Senator's wishes ,,,ill be respected.

ORDER FOR ADJOURNMENT TO 10A.M. MONDAY, SEPTEMBER 13, 1971

Mr. BYRD of West Virginia. Mr. President, I ask unanimous consent thatwhen the Senate completes its businesson tomorrow, it stand in adjournmentuntil 10 o'clock on Monday morning next.


MILITARY PROCUREMENT APPROPRIATION AUTHORIZATIONS, 1972

Mr. BYRD of West Virginia. Mr. President, I ask unanimous consent at thistime, for the purpose of making it thependmg business-and with the understanding that has already been expressed-that the Senate proceed to theconsideration of Calendar No. 355, H.R.8687.

The PRESIDING OFFICER. The billwill be stated by title.

The legislative clerk read as follows;Calendar No. 355. H.R. 8687, a bll! to au

thorize appropriations during the fiscal yew'1972 for procurement of aircraft, misslles,n",val vcsseis. tracked combat vehicles. torpeoaes. and ather weapons, a11d research.development. test, and evaluation for theArmed FGrces, and to prescribe the authorized personnel strength of the Selected Reserve of each Reserve component of theArmed Forces, and for other purposes.

The PRESIDING OFFICER. Withoutobjection, the Senate will proceed to theconsideration of the bill.

The Senate pI-oceeded to consider thebill which had been reported from theCommittee on Armed Services with anamendment to strike out all after theenacting clause and insert:

TITLE I-PROCUREMENTSEC. 101. Funds are hereby authorized to

be appropriated during the fiscal year 1972for the use of the Armed Forces of the UnitedStates for procurement of aircraft, missiles,naval vessels, tracked combat vehicles, torpedoes, and other weapons, as authorized bylaw, In amounts Rr follows:

AIRCRAFT

For aircraft1 for the Army, $94,200,000; forthe Navy and the Marine Corps, $3,256,200,000 cf which not to exceed $801,600.000shall be available for a F-14 aircraft programof not less than 48 aircraft; for the All' Force,$2.989,000,000.

MISSILES

For missiles: for the Army, $1,066,100,000;for the Navy, $704,100.000; for the MarineCorps, $1,300,000; for the Air Force, $1,774,900,000.

NAVAL VESSELS

For naval vessels: for the Navy, $3,010,600,000, of which $14,600,000 Is authorized onlyfor advance procurement for the nuclearpowered guided missile frigate DLGN-41.

TRACKED COMBAT VEHICLES

For tracked combat vehicles: for the Army,$112,500,000; for the Marine Corps, $63,900,000.

TORPEDOES

For torpedoes and related support equipment: for the Navy, $193,500,000.

OTHER WEAPONS

For other weapons: for the Army, $33,000,000; for the Navy, $1,300,000; for the MarineCorps, $1,000,000.

united states of america q:ongrcssional rccord

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