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add, for a name; and that one, I think, was chosen as the one the majority of the people could agree upon.

Mr. CONDON. The gentleman from California, Mr. Holifield, wanted me to yield to him. I will do so at this time.

Mr. HOLIFIELD. Mrs. Hobby, you are aware that in previous reorganization plans, the functions of the different agencies within the Departments were vested in the Secretary of the Department, are you not?

Mrs. HOBBY. I believe at least one did. I am not sure.

Mr. HOLIFIELD. Plans 1 to 6 of 1950, for instance, vested in the Secretary the functions of the different agencies in these particular reorganizations.

Now, you are also aware by not doing that they have given you a very weak plan here to reorganize these departments. You cannot transfer any of the functions from any of the three departments to the other, whereas they are definite occasions of overlapping.

Mrs. HOBBY. Well, sir, I think certainly under the Public Health Service and the Office of Education you could not, because those responsibilities are fixed by statutes, and that depends upon the will of the Congress, when the Congress wishes to do that. It is not an administrative decision.

Now, in Social Security and phases of vocational education, certain phases in Pure Food and Drug, the Administrator has some latitude.

Mr. HOLIFIELD. That is true. However, if you were given a stronger plan here—and I am not going to oppose it; I am going to support the plan and vote for it, because I believe along with the American Medical Association, it is a step in the right direction; but I regret you have not been given the power to actually do a job of reorganization as was contemplated in plan No. 27 of 1950.

You have your Commissioner of Education and your Commissioner of Social Security, your Surgeon General-all have obligations by statute which are not vested in you; and you are therefore being given a very weak tool to work with, in my opinion.

Mrs. HOBBY. Sir, they are not quite as independent, as I understand it. Under the duties of the Federal Security Administrator, there would be transferred to the Secretary certain supervisory powers, the Public Health Service and the Office of Education being vested in the Surgeon General and the Commissioner of Education. Mr. HOLIFIELD. The statutory obligations of the Surgeon General have not been transferred to you?

Mrs. HOBBY. No, sir; they connot be. Only Congress

Mr. HOLIFIELD. And, therefore, the Surgeon General is answerable directly to the President rather than to the head of the Department; is that not true?

Mrs. HOBBY. Yes, sir; being a Presidential appointee, he actually is, as you know. However, the Federal Security Administrator has certain supervisory powers.

Mr. HOLIFIELD. He is not only responsible from the standpoint of a Presidential appointee, but from the administrative function of your new Department he will be directly responsible to the President. He will not have to go through the Secretary of this new Department in order to

Mrs. HOBBY. Yes, sir; I believe he would. I believe the Secretary would have general supervisory powers.

As I understand the law as it is now, the Administrator has

Mr. HOLIFIELD. Well, I trust that you will be able to accomplish under this plan the reorganization that you plan to accomplish and that you will be able to have the power and do it; but I frankly believe the plan is weak.

Thank you.

Senator SMITH of Maine. If there aren't any more questions, the photographer would like to take a picture.

Senator HUMPHREY. Can I ask one more question?

Senator SMITH of Maine. Will you hold it? The photographer has been waiting. I am sorry.

Would you take a picture now?

Senator Humphrey.

Senator HUMPHREY. I want to ask this question in reference to the special assistant: This special assistant's job just stands out so boldly here. I want to get a little bit more detail on this individual's function.

Mr. Hobby, you are, I am sure, very familiar with the President's Commission on the Health Needs of the Nation and the recent Presidential Commission-

Mrs. HOBBY. Yes, sir.

Senator HUMPHREY (continuing). Chaired by Dr. Paul Magnuson. Mrs. HOBBY. Yes, sir.

Senator HUMPHREY. Would it be your intention at the time the special assistant in charge of health and medical affairs was appointed to keep in mind the recommendations of that Commission in the selection or in the recommendation to the President or any consultation you might have with the President with regard to this appointment? Mrs. HOBBY. Sir, I am not quite sure I understood your question. Was your question-I would keep in mind the recommendations of the Magnuson committee in the selection——

Senator HUMPHREY. Yes. In other words, would you be thinking in terms of having an individual in that position who would be sympathetic with, let us say, or at least fully conversant with and in general sympathy with the recommendations of the special Presidential Commission?

Mrs. HOBBY. Well, sir, I don't think I could say. I would certainly hope that the man chosen by the President for this position would be of such wide medical experience that he would certainly be conversant with the Magnuson report.

Senator HUMPHREY. Well, let me put it a little more specific: As the proposed Secretary for this new executive department, are you familiar with the recommendations of the Presidential Commission? Mrs. HOBBY. There is quite a tome, as you know, Senator Humphrey. Senator HUMPHREY. Yes. The recommendations

Mrs. HOBBY. That is only one volume, and I have it, and I read on it when I can.

Senator HUMPHREY. Again I go back: Would you, as the new Secretary of the Department of Health, Education, and Welfare, be kindly disposed toward the selection of a special assistant who would be kindly disposed toward the recommendations of the President's Commission?

Mrs. HOBBY. Sir, I don't think I can answer that questaion until I can tell you whether I knew all the recommendations.

Senator HUMPHREY. Well, let me ask just a little bit more precisely. Two of my good Republican colleagues in the Senate-Senator Ives and Senator Flanders-have presented a bill in the Senate calling for Federal aid to States in the development of voluntary health-insurance programs. This is one of the recommendations of the recent Presidential Commission. Would the new Secretary of the Department of Health, Welfare, and Education be kindly disposed toward such a program?

Mrs. HOBBY. I haven't read the bill, sir.

Senator HUMPHREY. Would the new Secretary be kindly disposed toward any Federal aid toward the development of private

Mrs. HOBBY. I cannot

The CHAIRMAN. Just a minute. If the witness

Mrs. HOBBY. Answer that.

The CHAIRMAN. If the witness please

Senator HUMPHREY. Well, I

The CHAIRMAN. I don't think the witness is required to give an answer as to whether she is kindly or otherwise disposed toward some proposal that isn't definite.

Senator HUMPHREY. May I say

The CHAIRMAN. I trust her when the time comes to make a decision that will be sound.

Senator HUMPHREY. Well, I want to say to the distinguished Congressman that I respect his judgment; but with all due respect to that I feel disposed to ask the questions

The CHAIRMAN. That is fine.

Senator HUMPHREY. And I shall continue to ask them.

The CHAIRMAN. And the witness may answer or not answer, as she chooses.

Senator HUMPHREY. If we are to have an Assistant Secretary who will, as this program says, review the health and medical programs of the Department and advise the Secretary with respect to the improvement of such programs and with respect to necessary legislation in the health and medical field, I submit that is a rather broad jurisdiction, and a broad outline of responsibility. I think my question is germane.

The CHAIRMAN. I was not objecting to the question at all.

Senator HUMPHREY. Does the proposed Secretary of this new Department feel that the special assistant should be one who is kindly disposed toward the advancement of legislation, such as outlined in the Presidential Commission?

The CHAIRMAN. Now, will the stenographer read the question? (The reporter read the question as follows:)

My concern is caused if we are to have an Assistant Secretary who will, as this program says, review the health and medical programs of the Department and advise the Secretary with respect to the improvement of such programs, and with respect to necessary legislation in the health and medical field. submit that is a rather broad jurisdiction, or a broad outline of responsibility. I think my question is germane.

The CHAIRMAN. I was not objecting to the question at all.

I

Senator HUMPHREY. Does the proposed Secretary of this new Department feel that the special assistant should be one who is kindly disposed toward the advancement of legislation, such as outlined in the Presidential Commission?

Now, I submit we should have the outline of the Presidential Commission so we know what we are talking about.

Senator HUMPHREY. Congressman, I hoped that you knew about that. I knew Mrs. Hobby had been extremely busy, but we haven't been too busy on the Hill.

The CHAIRMAN. No; not on the Hill. I know she has been busy, and that is why I was requesting to have the outline.

Senator HUMPHREY. I shall, in deference to the Secretary, not withdraw the question but, rather, seek the answer. I think it is a very

good question

Mrs. HOBBY. Yes.

Senator HUMPHREY. And sometime after she has had the opportunity to study the report and recommendations perhaps we can discuss it further.

Mrs. HOBBY. I will be delighted, sir.

Senator HUMPHREY. And I will look forward to it.

Senator SMITH of Maine. Are there any further questions?

Thank you very much, Mrs. Hobby, for your very frank discussion before this joint committee.

Mrs. HOBBY. Thank you, and thanks to the ladies and gentlemen of the committee.

Senator SMITH of Maine. I think that is all we will require.

I have a letter from E. B. Whitten, executive director of the National Rehabilitation Association, a very brief letter, and I ask unanimous consent that it be included in the record of the hearings. (The letter referred to is as follows:)

NATIONAL REHABILITATION ASSOCIATION, INC.,
Washington 5, D. C., March 16, 1953.

Hon. MARGARET CHASE SMITH,

Chairman, Senate Subcommittee on Reorganization,

Senate Office Building, Washington, D. C. DEAR SENATOR SMITH: The National Rehabilitation Association wants to record its support of Reorganization Plan No. 1 of 1953, which creates a Department of Health, Education, and Welfare, and outlines its functions.

We believe that the responsibilities of the Federal Government for the rehabilitation of physically and mentally impaired people, important to the Nation both economically and socially, can be carried out more effectively under conditions that will prevail when this reorganization plan takes effect.

We are pleased that the plan makes it possible for the Secretary to retain the present status of the Office of Vocational Rehabilitation as a constituent unit of the Department, directly responsible to the Secretary. This assures that the philosophy of rehabilitation can be expressed in the highest levels of departmental planning, which is essential if rehabilitation is to be the fundamental concept in all departmental programs affecting the handicapped. Will you please make this letter a part of the record of the hearings?

Respectfully yours,

E. B. WHITTEN,
Executive Director.

Senator SMITH of Maine. I understand this afternoon that Dr. Elmer L. Henderson is here and will speak for the American Medical Association, and he is accompanied by Dr. Dwight Murray, chairman of the board of trustees, and Dr. John Cline, past president of the American Medical Association.

Dr. Henderson, would you like me to withdraw the statement that I asked to be included this morning and have you present it to us?

STATEMENT OF DR. ELMER L. HENDERSON, PAST PRESIDENT, AMERICAN MEDICAL ASSOCIATION, ACCOMPANIED BY DR. DWIGHT H. MURRAY, CHAIRMAN OF THE BOARD OF TRUSTEES, AMERICAN MEDICAL ASSOCIATION; AND DR. JOHN W. CLINE, IMMEDIATE PAST PRESIDENT, AMERICAN MEDICAL ASSOCIATION

Dr. HENDERSON. How is that?

Senator SMITH of Maine. Would you like us to withdraw the statement and read it at this time?

Dr. HENDERSON. No; not necessarily. I shall be glad to read the statement, if you prefer me to, or answer any questions.

Senator SMITH of Maine. Dr. Henderson, I would suggest you read your statement.

And then we will proceed with the questions.

If I may at this point, I would like to say that I have a very important appointment at 4:30 on the Senate side and I will have to leave-I am very sorry-but I will read the balance of the testimony very carefully, the questions and answers, and leave the Senate committee in the hands of Senator Dworshak and the able chairman of the House committee, Mr. Hoffman; I will stay long enough to hear your statement, Dr. Henderson.

Dr. HENDERSON. Thank you.

Senator SMITH of Maine. You may proceed.

Dr. HENDERSON. My name is Elmer L. Henderson. I am chairman of the liaison committee of the American Medical Association

Senator SMITH of Maine. Let's be as quiet as we can so we can hear the witness.

Dr. HENDERSON. And also a former president of the organization. I am accompanied here with Dr. Dwight Murray, chairman of the board of trustees; Dr. Cline, past president of the organization; also Dr. Larson-Leonard Larson-of North Dakota; Dr. Lewis L. Alesen, of California; Dr. William A. Hyland, of Michigan; Dr. George Lull, our secretary and general manager; and Dr. Frank Wilson, director of our Washington office.

Senator SMITH of Maine. Thank you very much.

Dr. HENDERSON. I am appearing here today at your invitation to present the points of the association relative to Reorganization Plan No. 1 of 1953.

With your kind indulgence, I should like to trace very briefly the history of the position of the American Medical Association concerning the establishment of a separate governmental department in charge of health affairs.

As early as 1884, at the annual meeting of the house of delegates, it was urged that a separate Department of Health be established under a Cabinet officer. In 1891 a committee of 23 members was appointed to petition the Congress of the United States to press for this Cabinet officer.

The subject was discussed annually from 1906 to 1913 and from 1917 to 1930. Periodically during the succeeding 22 years the house of delegates has reaffirmed its position in this regard. This position

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