assistance to the Secretary and strong leadership to meet the Department's obligations in the international field. Such an official would parallel the similar Presidential appointees in Labor, Agriculture, Treasury, and Commerce, each of which has an Assistant Secretary whose exclusive or principal duties are concerned with international affairs. The other Assistant Secretaries are heavily burdened with the Department's legislative program, its Federal-State relations, special programs such as that relating to aging, the internal coordination of the Department's programs, and overall management matters. This additional Assistant Secretary would help bring the staffing of the Department of Health, Education, and Welfare more nearly in line with that of other departments. It may be necessary, from time to time, to assign other functions to this Assistant Secretary, but the paramount need at this time is in the international area. Faithfully yours, ABRAHAM RIBICOFF, Secretary. U.S. CIVIL SERVICE COMMISSION, Washington, D.C., May 10, 1961. Hon. OREN HARRIS, Chairman, Committee on Interstate and Foreign Commerce, DEAR MR. CHAIRMAN: Receipt is acknowledged of your letter requesting the Civil Service Commission's views with respect to H.R. 6839. We will be glad to comply with your request for a statement of our views on this proposed legislation. Our report, which must first be submitted to the Bureau of the Budget for determination of the question whether this proposed legislation is in accord with the financial and administrative program of the President, will be prepared and forwarded to you as quickly as possible. Chairman, Committee on Interstate and Foreign Commerce, House of Representatives, House Office Building, Washington, D.C. MY DEAR MR. CHAIRMAN: This will acknowledge your letter of May 8, 1961, inviting the Bureau of the Budget to comment on H.R. 6839, a bill to authorize an additional Assistant Secretary in the Department of Health, Education, and Welfare. The administration believes that the Secretary of Health, Education, and Welfare needs one additional Assistant Secretary to assist him in managing the Department. It also believes that a second Assistant Secretary to replace the Special Assistant to the Secretary (Health and Medical Affairs), as provided in S. 2073 now pending in the Senate, would strengthen the organizational arrangements at the Secretary's level. Accordingly, I am authorized to advise you that enactment of legislation along the lines of S. 2073 would be in accord with the President's program. Sincerely yours, PHILLIP S. HUGHES, Assistant Director for Legislative Reference. The CHAIRMAN. The corresponding Senate bill, S. 2073, provides for the establishment of two additional Assistant Secretaries. The second additional Assistant Secretary would take the place of the Special Assistant to the Secretary on Health and Medical Affairs and thus, actually, the change contemplated by the Senate bill would be primarily a change in title. At this point in the record there will be included a copy of S. 2073 and a copy of the departmental comments on this legislation. (The documents referred to are as follows:) [S. 2073, 87th Cong., 1st sess.] AN ACT To authorize two additional Assistant Secretaries in the Department of Health, Education, and Welfare, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be in the Department of Health, Education, and Welfare, in addition to the Assistant Secretaries now provided for by law, two additional Assistant Secretaries of Health, Education, and Welfare, who shall be appointed by the President, by and with the advice and consent of the Senate. The provisions of section 2 of the Reorganization Plan Numbered 1 of 1953 (67 Stat. 631) shall be applicable to such additional Assistant Secretaries to the same extent as they are applicable to the Assistant Secretaries authorized by that section. SEC. 2. The office of Special Assistant to the Secretary (Health and Medical Affairs, created by section 3 of the Reorganization Plan Numbered 1 of 1953 (67 Stat. 631), is hereby abolished. SEC. 3. The President may authorize the person who immediately prior to the time this Act takes effect occupies the office of Special Assistant to the Secretary (Health and Medical Affairs) to act as one of the additional Assistant Secretaries authorized by section 1 of this Act, until that office is filled by appointment in the manner provided by such section, but not for a period of more than sixty days. While so acting, such person shall receive compensation at the rate now or hereafter provided by law for Assistant Secretaries of executive departments. Passed the Senate July 27, 1961. Attest: Hon. OREN HARRIS, FELTON M. JOHNSTON, Secretary. U.S. CIVIL SERVICE COMMISSION, Chairman, Committee on Interstate and Foreign Commerce, DEAR MR. HARRIS: This is in further response to your request of August 4, 1961, for a report on S. 2073, a bill "To authorize two additional Assistant Secretaries in the Department of Health, Education, and Welfare, and for other purposes." The proposed additional Assistant Secretaries, like other Assistant Secretaries of executive departments, would be appointed by the President, by and with the advice and consent of the Senate. Their salary rates would be determined under section 2 of Reorganization Plan No. 1 of 1953 which provides that Assistant Secretaries of the Department of Health, Education, and Welfare shall receive compensation at the rate now or hereafter provided by law for Assistant Secretaries of executive departments. The present rate prescribed by the Federal Executive Pay Act for such positions is $20,000 per annum. We understand one of the proposed positions will be for an Assistant Secretary primarily responsible for advising and aiding the Secretary in the field of international affairs. The other additional position will be for the conversion of the existing position of Special Assistant to the Secretary (Health and Medical Affairs) to the rank of Assistant Secretary. The incumbent of this position is now appointed and paid in the same manner and at the same rate as an Assistant Secretary. Under section 3 of S. 2073 the President may authorize this incumbent to act as one of the additional Assistant Secretaries until the office is filled in the manner prescribed in the bill but for a period not exceeding 60 days. The Commission has no objection to the enactment of S. 2073. The Bureau of the Budget advises that from the standpoint of the administration's program there is no objection to the submission of this report. By direction of the Commission: Sincerely yours, JOHN W. MACY, Jr., Chairman. EXECUTIVE OFFICE OF THE PRESIDENT, Hon. OREN HARRIS, BUREAU OF THE BUDGET, Washington, D.C., August 16, 1961. Chairman, Committee on Interstate and Foreign Commerce, House of Representatives, House Office Building, Washington, D.C. DEAR MR. CHAIRMAN: This will acknowledge your letter of August 4, 1961, inviting the Bureau of the Budget to comment on S. 2073, a bill to authorize two additional Assistant Secretaries in the Departnent of Health, Education, and Welfare, and for other purposes. The administration believes that the Secretary of Health, Education, and Welfare needs one additional Assistant Secretary to assist him in managing the Department. It also believes that a second Assistant Secretary to replace the Special Assistant to the Secretary (Health and Medical Affairs), as provided in S. 2073, would strengthen the organizational arrangements at the Secretary's level. Accordingly, I am authorized to advise you that enactment of S. 2073 would be in accord with the President's program. Sincerely yours, PHILLIP S. HUGHES, Assistant Director for Legislative Reference. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, Hon. OREN HARRIS, Washington, August 23, 1961. Chairman, Committee on Interstate and Foreign Commerce, DEAR MR. CHAIRMAN: This is in response to your request of August 4, 1961, for a report on S. 2073, as passed by the Senate, a bill to authorize two additional Assistant Secretaries in the Department of Health, Education, and Welfare, and for other purposes. The bill would establish in this Department two additional positions of Assistant Secretary, abolish the Office of Special Assistant to the Secretary (Health and Medical Affairs), and provide that the person holding the position of Special Assistant may hold one of the new positions of Assistant Secretary until the position is filled in the usual manner but not longer than 60 days. As pointed out in the President's letter of April 17, 1961, to the Speaker, which is reprinted in the Senate report on S. 2073, one of the proposed additional Assistant Secretaries is needed primarily to advise and assist the Secretary of this Department in connection with his international responsibilities, which in recent years have become a major activity of the Department. We further believe that the provision of a second additional Assistant Secretary in lieu of the existing Special Assistant to the Secretary (Health and Medical Affairs) would give to the officer charged with coordinating, and advising the Secretary on, the health and medical concerns of the several constituent agencies of the Department a status which appropriately reflects the importance of those functions. We therefore wholeheartedly recommend enactment of this bill. We are advised by the Bureau of the Budget that enactment of the bill would be in accord with the President's program. Sincerely, ABRAHAM RIBICOFF, Secretary. The CHAIRMAN. The third bill on which hearings will be held, immediately following the conclusions of our hearings on the first two bills, authorizes the establishment of a new Institute of Child Health and Human Development and would upgrade the present Division of General Medical Sciences into a National Institute of General Medical Sciences. At this point in the record there will be included copy of H.R. 8398 and a copy of the departmental report on this legislation. (The documents referred to are as follows:) [H.R. 8398, 87th Cong., 1st sess.] A BILL To amend the Public Health Service Act to provide for the establishment of an Institute of Child Health and Human Development, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title IV of the Public Health Service Act (42 U.S.C. ch. 6A, subch. III) is amended by adding at the end thereof the following new part: "PART E-INSTITUTES OF CHILD HEALTH AND HUMAN DEVELOPMENT AND OF GENERAL MEDICAL SCIENCES "ESTABLISHMENT OF INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT "SEC. 441. The Surgeon General is authorized, with the approval of the Secretary, to establish in the Public Health Service an institute for the conduct and support of research and training relating to child health and human development, including research and training in the special health problems and requirements of children or aged persons and in the basic sciences relating to the processes of human growth and development. "ESTABLISHMENT OF INSTITUTE OF GENERAL MEDICAL SCIENCES "SEC. 442. The Surgeon General is authorized, with the approval of the Secretary, to establish in the Public Health Service an institute for the conduct and support of research and research training in the general or basic medical sciences and related sciences which have significance for two or more other institutes, or are outside the general area of responsibility of any other institute, established under or by this Act. "ESTABLISHMENT OF ADVISORY COUNCILS "SEC. 443. (a) The Surgeon General is authorized, with the approval of the Secretary, to establish an advisory council to advise, consult with, and make recommendations to the Surgeon General on matters relating to the activities of the Institute established under section 441. He may also, with such approval, establish such a council with respect to the activities of the Institute established under section 442. "(b) The provisions relating to the composition, terms of office of members, and reappointment of members of advisory councils under section 432(a) shall be applicable to any council established under this section, except that, in lieu of the requirement in such sections that six of the members be outstanding in the study, diagnosis, or treatment of a disease or diseases, six of such members shall be selected from leading medical or scientific authorities who are outstanding in the field of research or training with respect to which the council is being established, and except that the Surgeon General, with the approval of the Secretary, may include on any such council established under this section such additional ex officio members as he deems necessary in the light of the functions of the Institute with respect to which it is established. "(c) Upon appointment of any such council, it shall assume all or such part as the Surgeon General may, with the approval of the Secretary, specify of the duties, functions, and powers of the National Advisory Health Council relating to the research or training projects with which such council established under this part is concerned and such portion as the Surgeon General may specify (with such approval) of the duties, functions, and powers of any other advisory council established unde this Act relating to such projects. "FUNCTIONS "SEC. 444. The Surgeon General shall, through an institute established under this part, carry out the purposes of section 301 with respect to the conduct and support of research which is a function of such Institute, except that the Surgeon General shall, with the approval of the Secretary, determine the areas in which and the extent to which he will carry out such purposes of section 301 through such Institute or an institute established by or under other provisions of this Act, or both of them, when both such Institutes have functions with respect to the same subject matter. The Surgeon General is also authorized to provide training and instruction and establish and maintain traineeships and fellowships, in the Insti tute established under section 441 and elsewhere, in matters relating to diagnosis, prevention, and treatment of a disease or diseases or in other aspects of child health and human development, with such stipends and allowances (including travel and subsistence expenses) for trainees and fellows as he deems necessary, and, in addition, provide for such training, instruction, and traineeships and for such fellowships through grants to public or other nonprofit institutions. The provisions of section 431(b) (other than the first sentence thereof) shall be applicable with respect to any institute established under this part as if such Institute had been established with respect to a disease or diseases pursuant to such first sentence. "PRESERVATION OF EXISTING AUTHORITY "SEC. 445. Nothing in this part shall be construed as affecting the authority of the Secretary under section 2 of the Act of April 9, 1912 (42 U.S.C. 192), or title V of the Social Security Act (42 U.S.C., ch. 7, subch. V), or as affecting the authority of the Surgeon General to utilize institutes established under other provisions of this Act for research or training activities relating to child health and human development or the general medical sciences and related sciences." SEC. 2. Section 301(d) of the Public Health Service Act is amended by striking out the words "research projects" wherever they appear therein and inserting in lieu thereof "research or research training projects". SEC. 3. Title III of the Public Health Service Act is amended by adding after section 315 the following new sections: "ADVISORY COMMITTEES "SEC. 316. (a) The Surgeon General may, with the approval of the Secretary but without regard to the civil service laws, from time to time appoint such advisory committees (in addition to those authorized to be established under other provisions of law), for such periods of time, as he deems desirable for the purpose of advising him in connection with any of his functions. "(b) Members of any advisory committee appointed under this section who are not regular full-time employees of the United States shall, while attending meetings or conferences of such committee or otherwise engaged on business of such committee receive compensation and allowances as provided in section 208 (c) for members of national advisory councils established under this Act. "(c) Upon appointment of any such committee, the Surgeon General, with the approval of the Secretary, may transfer such of the functions of the National Advisory Health Council relating to grants-in-aid for reserach or training projects in the areas or fields with which such committee is concerned as he determines to be appropriate. "EXEMPTION FROM CONFLICT-OF-INTEREST LAWS OF MEMBERS OF ADVISORY "SEC. 317. (a) Any member of an advisory council, board, committe, or group appointed under this Act, or appointed under any other law to advise the Surgeon General in carrying out his responsibilities, who is not a regular full-time employee of the United States is hereby exempted, with respect to such appointment, from the operation of sections 281, 283, and 1914 of title 18 of the United States Code, and section 190 of the Revised Statutes (5 U.S.C. 99), except as otherwise specified in subsection (b) of this section. "(b) The exemption granted by subsection (a) shall not extend "(1) to the receipt or payment of salary in connection with the appointee's Government service from any source other than the private employer of the appointee at the time of his appointment, or "(2) during the period of such appointment, to the prosecution or participation in the prosecution by any person so appointed, of any claim against the Government involving any matter with which such person, during such period, is or was directly connected by reason fo such appointment.' |