It is therefore recommended that the Nuclear Officer Continuation Pay enabling legislation (37 U.S.C. 312) be continued until September 30, 1980, to correspond with the new fiscal year ending date at which time all junior nuclear qualified officers reaching end of minimum obligated service will have had full advantage of Nuclear Career Incentive Pay. Without action, this legislative authority expires June 30, 1975.

Legislation creating the Nuclear Career Incentive Pay must stipulate that officers who alternately elect to receive Nuclear Officer Continuation Pay are excluded during the period of their active service agreement.

A member receiving Aviation Career Incentive Pay under section 301a of title 37, United States Code, would be precluded from also receiving Nuclear Career Incentive Pay under this proposal.

COST AND BUDGET DATA

Implementation of this proposed Nuclear Career Incentive Pay would affect about 2.400 commissioned officers and 70 warrant officers. Projected per annum cost of Nuclear Career Incentive Pay over the next five years is shown in the following table:

The increasing per annum cost is based on two assumptions: accession goals will be achieved over the next five years and the number of officers receiving the continuation pay bonus will decrease. Both of these factors will cause an increase in the number of officers eligible for the career incentive pay. Once inventory stability is achieved in the nuclear trained officer community, the per annum cost of this incentive pay would be 7.5M.

Sincerely yours,

J. WILLIAM MIDDENDORF II,
Secretary of the Navy.

CHANGES IN EXISTING LAW

In compliance with paragraph 4 of rule XXIX of the Standing Rules of the Senate, changes in existing law proposed to be made by the bill are shown as follows (existing law to be omitted is enclosed in black brackets, new matter is printed in italic, and existing law in which no change is proposed is shown in roman):

UNITED STATES CODE, TITLE 37-PAY AND ALLOWANCES OF THE UNIFORMED SERVICES

§ 312. Special pay: nuclear-qualified officers extending period of active service

(a) Under regulations to be prescribed by the Secretary of the Navy, an officer of the naval service who—

(1) is entitled to basic pay;

(2) Repealed. Pub. L. 92-581, § 1(2) (a), Oct. 27, 1972, 86 Stat. 1277.

(3) has the current technical qualification for duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants;

(4) has not completed ten years of commissioned service; and (5) executes a written agreement to remain on active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants for one period of four years in addition. to any other period of obligated active service.

may, upon the acceptance by the Secretary or his designee of the written agreement, in addition to all other compensation to which he is entitled, be paid a sum of money not to exceed $3,750 for each year of the active-service agreement. The Secretary of the Navy shall determine semiannually the necessity for continuance of the special pay and the rate of special pay per year for such active-service agreements accepted within each six-month period. Upon acceptance of the agreement by the Secretary or his designee, the total amount payable shall become fixed and shall be paid in four equal yearly installments, commencing at the expiration of the initial obligated service: except, the Secretary or his designee may accept the active-service agreement not more than one year in advance of the expiration of the initial obligated active service and the amount may then be paid in five yearly installments, not to exceed $3,000 per year, commencing with the date of acceptance of the agreement.

(b) No more than one agreement for each officer shall be accepted under this section.

(c) Pursuant to regulations prescribed by the Secretary of the Navy and subject to such exceptions as may be prescribed in those regulations, refunds, on a pro rata basis, of sums paid pursuant to this section may be required if the officer having received the payment fails to complete the full period of four years of active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants which he agreed to serve.

(d) Nothing in this section shall alter or modify the obligation of a regular officer to perform active service at the pleasure of the President. Completion of the additional period of four years' active service under this section shall in no way obligate the President to accept a resignation submitted by a regular officer at the end of the four-year period.

(e) The provisions of this section shall be effective only in the case of officers who, on or before [June 30, 1975] September 30, 1977, execute the required written agreement to remain in active service.

S.R. 329

94TH CONGRESS 1st Session

SENATE

{

REPORT No. 94-330

NATIONAL DISEASE CONTROL AND CONSUMER HEALTH EDUCATION AND PROMOTION ACT OF 1975

JULY 24 (legislative day, JULY 21), 1975.-Ordered to be printed

Mr. KENNEDY, from the Committee on Labor and Public Welfare, submitted the following

REPORT

[To accompany S. 1466]

The Committee on Labor and Public Welfare, to which was referred the bill (S. 1466) to amend the Public Health Service Act to extend and revise the program of assistance for the control and prevention of communicable disease, and to provide for the establishment of the Office of Consumer Health Education and Promotion and the Center for Health Education and Promotion to advance the national health; to reduce preventable illness, disability, and death; to moderate selfimposed risks; to promote progress and scholarship in consumer health education and promotion and school health education; and for other purposes, having considered the same, reports favorably thereon with amendments and recommends that the bill as amended do pass.

I. BILL SUMMARY

PURPOSE

The proposed Act has three titles: Titles I and II respectively revise and extend expiring communicable and other disease control programs and venereal disease prevention and control programs; and Title III authorizes consumer health education and promotion programs. The legislation would authorize the programs involved for fiscal years 1976 through 1978, with authorizations of appropriations as hereinafter indicated.

57-010-75-1

TITLE I-DISEASE CONTROL

Section 101. This title, which is to be cited as the "Disease Control Amendments of 1975," revises and extends existing authorities for disease prevention and control programs found in section 317 of the PHS Act, for fiscal years 1976 through 1978.

Amendments Respecting Disease Control

Section 102. Amends section 317 of the PHS Act with the following substantive modifications;

(1) Authorizes disease control programs for additional diseases and conditions by adding mumps, diabetes mellitus, and other diseases or conditions (other than venereal diseases) which are amenable to reduction and are determined by the Secretary to be of national significance. This amendment is intended to expand the scope of activities now carried out by the Center for Disease Control.

(2) Adds the word project before grant or grants each time it appears, to assure that grants for disease control (as provided under section 317 of the Public Health Service Act) are used for this purpose.

(3) The bill authorizes $30,000,000 for fiscal year 1976, $35000,000 for fiscal year 1977, and $40,000,000 for fiscal year 1978.

TITLE II-VENEREAL DISEASE

Section 201. This title, which is to be cited as the "National Venereal Disease Prevention and Control Amendments of 1975," revises and extends existing authorities for venereal disease prevention and control programs found in section 318 of the PHS Act.

Section 202. This section sets forth the findings and declaration of purpose of Congress respecting venereal disease.

Amendments Respecting Venereal Disease

Section 203. Amends section 318 of the PHS Act, "Projects and Programs for the Prevention and Control of Venereal Diseases,' with the following substantive modifications:

(1) Expands technical assistance respecting research, training, and public health programs for the prevention and control of venereal disease to include nonprofit private entities in addition to public authorities and scientific institutions which are currently eligible.

(2) Specifies that project grants for States for venereal disease prevention and control may include routine laboratory testing and follow-up.

(3) Provides that grants for research, training and public health venereal disease prevention and control programs "contribute to national objectives."

(4) Deletes, as a method of diagnosis of gonorrhea and syphilis, "dark-field microscope techniques."

(5) Expands the definition of venereal disease, to include other sexually transmitted diseases in addition to syphilis and gonorrhea.

(6) Enables minors to seek and receive treatment for venereal diseases on their own, in conformance with current statutes in 49 of our 50 States.

(7) Authorizes;

(a) $5,000,000 for each of fiscal years 1976, 1977, and 1978 for grants to States, political subdivisions of States, and any other public or nonprofit private entity for projects for the conduct of research, demonstrations, and training for the prevention and control of venereal disease.

(b) $5,000,000 for fiscal year 1976, $10,000,000 for fiscal year 1977, and $15,000,000 for fiscal year 1978, to enable the Secretary to make grants to State health authorities to assist the states in establishing and maintaining adequate public health programs for the diagnosis and treatment of venereal disease.

(c) $31,000,000 for fiscal year 1976, $33,000,000 for fiscal year 1977, and $36,000,000 for fiscal year 1978 for project grants to States and, in consultation with states, to political subdivisions of States, for venereal disease control activities described under 317(d)(1) of the Public Health Service Act, as amended by this bill.

TITLE III-HEALTH EDUCATION AND PROMOTION

Section 301. States that the title may be cited as the National Consumer Health Education and Promotion Act of 1975.

Section 302. Amends the Public Health Service Act by adding the following new title:

TITLE XVII-OFFICE OF CONSUMER HEALTH EDUCATION AND PROMOTION AND THE CENTER FOR HEALTH EDUCATION AND PROMOTION

Section 302. Also amends the Public Health Service Act by adding the following sections:

PART A-OFFICE OF CONSUMER HEALTH EDUCATION AND PROMOTION

New Section 1701. Establishes within HEW Office of Consumer Health Education and Promotion under the direction of a director, appointed by the Secretary and supervised by the Assistant Secretary for Health. To develop a health education and promotion strategy for the Nation, the Office would: engage in health education and promotion research, develop community health education programs, stimulate and coordinate communications in health education and promotion, and overview and coordinate Federal health education programs. New Section 1702. The Secretary, acting through the Office, is authorized to undertake various programs to achieve a national health education and promotion strategy.

New Section 1703. Provides that the Secretary shall make grants and contracts to public and nonprofit private entities regarding health education programs.