[Congressional Record Volume 144, Number 72 (Friday, June 5, 1998)]
[House]
[Pages H4167-H4188]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          USER FEE ACT OF 1998

  Mr. SOLOMON. Mr. Speaker, pursuant to the order of the House of June 
4, 1998, I call up the bill (H.R. 3989) to provide for the enactment of 
user fees proposed by the President in his budget submission under 
section 1105(a) of title 31, United States Code, for fiscal year 1999, 
and ask for its immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The bill is considered read for amendment 
and the amendment made in order, pursuant to the order of the House of 
Thursday, June 4, 1998, is adopted.
  The text of H.R. 3989, as amended, is as follows:

                               H.R. 3989

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``User Fee Act of 1998''.

               TITLE I--FOOD AND DRUG ADMINISTRATION FEES

     SEC. 101. REFERENCES IN THIS TITLE.

       Whenever in this title an amendment or repeal is expressed 
     in terms of an amendment to, a repeal of, a section or other 
     provision, the reference shall be considered to be made to a 
     section or other provision of the Federal Food, Drug, and 
     Cosmetic Act.

                           PART A--USER FEES

     SEC. 111. FEES RELATED TO FOOD ADDITIVE PETITIONS.

       (a) Types of Fees.--Beginning in fiscal year 1999, the 
     Secretary of Health and Human Services (referred to in this 
     title as the ``Secretary'') shall establish, in accordance 
     with section 121, fees to cover activities of the Food and 
     Drug Administration in connection with--
       (1) petitions for food additives submitted pursuant to 
     section 409(b) (21 U.S.C. 438(b));
       (2) notifications to the Secretary for food contact 
     substances submitted pursuant to section 409(h) (21 U.S.C. 
     438(h));
       (3) petitions for color additives submitted pursuant to 
     section 721 (21 U.S.C. 379e);
       (4) petitions, submitted pursuant to sections 201(s), and 
     701(a) (21 U.S.C. 321(s), 371(a)) and regulations thereunder, 
     for affirmation that a substance that becomes, or may 
     reasonably be expected to become, a component of food is 
     generally recognized as safe; and
       (5) notifications to the Secretary, submitted pursuant to 
     sections 201(s) and 701(a) and regulations thereunder 
     asserting that a substance that becomes, or may reasonably be 
     expected to become, a component of food is generally 
     recognized as safe.

     The fees shall be payable at the time the petition or 
     notification is submitted to the Secretary.
       (b) Fee Amounts and Availability.--Subject to section 
     121(a)(1)(A), fees for the activities specified in subsection 
     (a) shall be set for each fiscal year at amounts that the 
     Secretary reasonably estimates to be sufficient to generate 
     revenues totaling $10,335,000 for each of fiscal years 1999

[[Page H4168]]

     through 2003, and shall remain available until expended, to 
     the extent provided in appropriations Acts, for the costs of 
     carrying out such activities.

     SEC. 112. FEES RELATED TO GENERIC DRUGS.

       (a) Types of Fees.--Beginning in fiscal year 1999, the 
     Secretary shall establish, in accordance with section 121, 
     fees to cover activities of the Food and Drug Administration 
     in connection with applications for approval for new drugs 
     submitted pursuant to section 505(j) (21 U.S.C. 355). The 
     fees shall be payable at the time the application for 
     approval is submitted to the Secretary.
       (b) Fee Amounts and Availability.--Subject to section 
     121(a)(1)(A), fees for the activities specified in subsection 
     (a) shall be set for each fiscal year at amounts that the 
     Secretary reasonably estimates to be sufficient to generate 
     revenues totaling $12,377,000 for each of fiscal years 1999 
     through 2003, and shall remain available until expended, to 
     the extent provided in appropriations Acts, for the costs of 
     carrying out such activities.

     SEC. 113. FEES RELATED TO ANIMAL DRUGS.

       (a) Types of Fees.--Beginning in fiscal year 1999, the 
     Secretary shall establish, in accordance with section 121, 
     fees to cover activities of the Food and Drug Administration 
     in connection with--
       (1) applications, including supplements, for new animal 
     drugs submitted pursuant to section 512(b)(1) (21 U.S.C. 
     360b(b)(1), including application and other submissions for 
     import tolerances, as described in section 512(a)(6) (21 
     U.S.C. 360b(a)(b));
       (2) abbreviated applications, including supplements, for 
     new animal drugs submitted pursuant to section 512(b)(2) (21 
     U.S.C. 360b(b)(2)); and
       (3) applications for licenses to manufacture animal feeds 
     bearing or containing new animal drugs, submitted pursuant to 
     section 512(m) (21 U.S.C. 360b(m)).

     The fees shall be payable at the time the application for 
     approval is submitted to the Secretary.
       (b) Fee Amounts and Availability.--Subject to section 
     121(a)(1)(A), fees for the activities specified in subsection 
     (a) shall be set for each fiscal year at amounts that the 
     Secretary reasonably estimates to be sufficient to generate 
     revenues totaling $10,100,000 for each of fiscal years 1999 
     through 2003, and shall remain available until expended, to 
     the extent provided in appropriations Acts, for the costs of 
     carrying out such activities.

     SEC. 114. FEES RELATED TO MEDICAL DEVICES.

       (a) Types of Fees.--Beginning in fiscal year 1999, the 
     Secretary shall establish, in accordance with section 121, 
     fees to cover activities of the Food and Drug Administration 
     in connection with applications for--
       (1) premarket approval of devices (including proposed 
     product development protocols) submitted under section 515 
     (21 U.S.C. 360e);
       (2) supplements to approved premarket approval applications 
     for which clinical data are required;
       (3) supplements to approved premarket approval applications 
     for which clinical data are not required; and
       (4) device premarket notification submissions under section 
     510(k) (21 U.S.C. 360(k)).

     The fees shall be payable at the time the application is 
     submitted to the Secretary.
       (b) Fee Amounts.--The fees required under subsection (a) 
     shall be as follows:
       (1) $175,000 for applications described in subsection 
     (a)(1).
       (2) $100,000 for supplements described in subsection 
     (a)(2).
       (3) $6,000 for supplements described in subsection (a)(3).
       (4) $4,500 for submissions described in subsection (a)(4).
       (c) Fee Amounts and Availability.--Subject to section 
     121(a)(1)(A), fees for the activities specified in subsection 
     (a) shall be set each fiscal year in accordance with section 
     121 to amounts that the Secretary reasonably estimates to be 
     sufficient to generate revenues totaling $25,000,000 for each 
     of fiscal years 1999 through 2003, and shall remain available 
     until expended, to the extent provided in appropriations 
     Acts, for the costs of carrying out such activities.

     SEC. 115. FEES RELATED TO IMPORT INSPECTIONS AND EXPORT 
                   CERTIFICATES.

       (a) Types of Fees.--Beginning in fiscal year 1999, the 
     Secretary shall establish, in accordance with section 121, 
     fees to cover activities of the Food and Drug Administration 
     in connection with the review of imported human and animal 
     drugs, medical devices, and food subject to regulation under 
     the Federal Food, Drug, and Cosmetic Act (including 
     activities relating to admission or detention of, refusal of 
     entry to, and the issuance of export certificates for such 
     items). The fees shall be payable at the time of each import 
     entry or request for export certificates for shipment of the 
     item.
       (b) Fee Amounts and Availability.--Subject to section 
     121(a)(1)(A), fees for the activities specified in subsection 
     (a) shall be set for each fiscal year at amounts that the 
     Secretary reasonably estimates to be sufficient to generate 
     revenues totaling $12,000,000 for each of fiscal years 1999 
     through 2003, and shall remain available until expended, to 
     the extent provided in appropriations Acts, for the costs of 
     carrying out such activities.
       (c) Collections.--The fees authorized by this section shall 
     be collected on behalf of the Secretary by the United States 
     Customs Service.

     SEC. 116. FEES RELATED TO ENTITIES UNDER FDA'S OVERSIGHT.

       (a) Types of Fees.--Beginning in fiscal year 1999, the 
     Secretary shall establish, in accordance with section 121, 
     fees to cover activities of the Food and Drug Administration 
     in connection with regulatory activities with respect to 
     regulated products approved for marketing. The Secretary 
     shall assess fees for monitoring establishments that are 
     subject to regulation (including inspections conducted 
     pursuant to section 704 (21 U.S.C. 374), and other regulatory 
     activities), as follows:
       (1) Food establishments.--An establishment subject to 
     inspection under section 704 (21 U.S.C. 374) because it 
     manufactures, processes, packs, or holds food for (or after) 
     shipment in interstate commerce, is subject to assessment of 
     annual fees under this section. The Secretary may impose an 
     annual registration requirement on such an establishment to 
     facilitate assessment and collection of the fees.
       (2) Drug and device establishments.--An establishment 
     subject to the annual registration requirement under section 
     510 (21 U.S.C. 360) (with respect to products other than 
     those for which such an establishment is subject to section 
     736 (21 U.S.C. 379h) is subject to assessment of annual fees 
     under this section at the time of registration.
       (3) Cosmetic establishments.--An establishment subject to 
     inspection under section 704 (21 U.S.C. 374) because it 
     manufactures, processes, packs, or holds cosmetics for (or 
     after) shipment in interstate commerce is subject to 
     assessment of annual fees under this section. The Secretary 
     may impose an annual registration requirement on such an 
     establishment to facilitate assessment and collection of the 
     fees.

     This section does not affect any other statutory or 
     regulatory requirements imposed on these entities.
       (b) Fee Amounts and Availability.--Subject to section 
     121(a)(1)(A), fees for the activities specified in subsection 
     (a) shall be set for each fiscal year at amounts that the 
     Secretary reasonably estimates to be sufficient to generate 
     revenues totaling $57,905,000 for each of fiscal years 1999 
     through 2003, and shall remain available until expended, to 
     the extent provided in appropriations Acts, for the costs of 
     carrying out such activities.

                       PART B--GENERAL PROVISIONS

     SEC. 121. GENERAL PROVISIONS RELATED TO USER FEES.

       (a) Assessment of Fees.--
       (1) Fee amounts.--
       (A) Collections subject to appropriations.--The fees 
     authorized by this Act shall be collected in each fiscal year 
     as provided in appropriation Acts for such fiscal year.
       (B) Relation to costs.--Fees assessed and collected under 
     part A shall not exceed amounts which the Secretary estimates 
     to be sufficient to cover costs of the Food and Drug 
     Administration associated with the activities for which the 
     fees are collected (including costs of assessments and 
     collection of the fees).
       (C) Variation factors.--The amount of fees established may 
     vary to reflect the cost of those activities with respect to 
     different entities or groups of entities, including the type 
     and size of entity, volume of business, and other factors the 
     Secretary may find appropriate.
       (2) Fee determination and publication.--The Secretary shall 
     annually establish fee amounts under part A, and shall 
     publish schedules of such fees in the Federal Register as an 
     interim final rule. The establishment and publication of such 
     fees shall be solely in the discretion of the Secretary and 
     shall not be subject to the requirements of sections 553 and 
     801 of title 5 of the United States Code and shall not be 
     reviewable.
       (3) Reduction or waiver of fees.--The Secretary may provide 
     for reduction or waiver of the fees under part A in 
     exceptional circumstances in the public interest.
       (b) Crediting and Availability of Fees.--
       (1) In general.--Fees collected pursuant to part A shall be 
     credited to a special fund in the Treasury for user fees 
     collected by the Food and Drug Administration. The fees shall 
     be available in the amounts specified in appropriations Acts, 
     for salaries and expenses necessary to carry out the 
     responsibilities of the Food and Drug Administration in 
     connection with the activities for which such fees were 
     collected, including the conduct of scientific research, 
     development of methods of analysis, purchase of chemicals, 
     fixtures, furniture, and scientific equipment and apparatus, 
     development and acquisition of information technology and 
     information management systems, acquisition, maintenance, and 
     repair of real property, and expenses of advisory committees.
       (2) Fees available only for the category of activity for 
     which assessed.--Fees collected for each category of 
     activities specified in part A shall be separately accounted 
     for, and shall be used only to finance the costs related to 
     carrying out responsibilities in connection with the same 
     category of activities for which the fees were collected.
       (c) Collection of Unpaid Fees.--If the Secretary does not 
     receive payment of a fee assessed under subsection (a) within 
     30 days after it is due, that fee shall be treated as a claim 
     of the United States Government subject to the provisions of 
     subchapter II of chapter 37 of title 31 of the United States 
     Code.

     SEC. 122. AGENCY PLAN AND ANNUAL REPORTING REQUIREMENTS.

       The agency plan for the Food and Drug Administration 
     required under section 903(f) (21

[[Page H4169]]

     U.S.C. 393(f)) shall include objectives with respect to the 
     assessment, collection, and use of the fees authorized under 
     part A, and the annual report required by section 903(g) (21 
     U.S.C. (g)) shall describe the performance of the Secretary 
     with respect to such objectives.

                 TITLE II--MEDICARE ADMINISTRATIVE FEES

     SEC. 201. COLLECTION OF FEES FROM MEDICARE+CHOICE 
                   ORGANIZATIONS FOR CONTRACT INITIATION AND 
                   RENEWAL.

       Section 1857 of the Social Security Act (42 U.S.C. 1395w-
     27) is amended by adding after subsection (h) the following 
     new subsection:
       ``(i) Fees for Contract Issuance and Renewal and Ongoing 
     Monitoring.--
       ``(1) Authority to impose fees.--The Secretary shall 
     impose, to the extent provided in appropriation Acts--
       ``(A) fees for initial Medicare+Choice contracts under this 
     part; and
       ``(B) annual fees for renewal of such contracts and 
     monitoring of the ongoing operations of Medicare+Choice 
     organizations.
       ``(2) Assessment of fees.--
       ``(A) Types of fees.--
       ``(i) Initiation fees.--Fee amounts assessed against a 
     member of a class of organizations pursuant to paragraph 
     (1)(A) shall not exceed the Secretary's reasonable estimate 
     of the average cost of initiating a Medicare+Choice contract 
     for an organization in such class.
       ``(ii) Renewal and monitoring fees.--Fee amounts assessed 
     pursuant to paragraph (1)(B) against members of a class of 
     organizations shall not exceed the amount which the Secretary 
     reasonably estimates will generate total revenues sufficient 
     to cover total annual costs for renewing contracts and 
     performing ongoing monitoring with respect to such class.
       ``(B) Fee determination and publication.--
       ``(i) In general.--The Secretary shall annually establish 
     fee amounts under this subsection, and shall annually publish 
     schedules of such fees in the Federal Register. The 
     establishment and publication of such fees shall be solely in 
     the discretion of the Secretary and shall not be subject to 
     the requirements of sections 553 and 801 of title 5, United 
     States Code, and shall not be reviewable. Previously 
     published fee schedules shall remain in effect until new 
     schedules are effective.
       ``(ii) Reduction or waiver of fees.--The Secretary may 
     provide for reduction or waiver of the fees under this 
     subsection in exceptional circumstances in the public 
     interest.
       ``(3) Collection and crediting of fees.--
       ``(A) Initial fees.--Fees assessed against an organization 
     pursuant to paragraph (1)(A) shall be payable upon submission 
     of the application to participate in the program under this 
     title as a Medicare+Choice organization (and shall apply 
     whether or not the Secretary approves such application) and 
     shall be credited to the Health Care Financing Administration 
     Program Management Account.
       ``(B) Renewal and monitoring fees.--Fees assessed against 
     an organization pursuant to paragraph (1)(B) shall be payable 
     annually and may be deducted from amounts otherwise payable 
     from a Trust Fund under this title to such organization. Such 
     fees shall be credited to the Health Care Financing 
     Administration Program Management Account.
       ``(C) Offset.--Any amount of fees collected in a fiscal 
     year under this subsection that exceeds the amount of such 
     fees available for expenditure in such fiscal year, as 
     specified in appropriation Acts, shall be credited to the 
     Health Care Financing Administration Program Management 
     Account, and shall be available for obligation in subsequent 
     fiscal years to the extent provided in subsequent 
     appropriations Acts.
       ``(4) Availability of fees.--Fees collected pursuant to 
     this subsection shall remain available until expended, in the 
     amounts provided in appropriation Acts, for the costs of the 
     activities for which they were assessed.''.

     SEC. 202. FEES FOR SURVEY AND CERTIFICATION.

       Section 1864(e) of the Social Security Act (42 U.S.C. 
     1395aa(e)) is amended to read as follows:
       ``(e) Fees for Conducting Certification Surveys.--
       ``(1) Authority to impose fees.--Except as provided in 
     paragraph (6), to the extent provided in appropriation Acts, 
     the Secretary shall impose, or require States as a condition 
     of agreements under this section to impose--
       ``(A) fees for surveys for the purpose of making initial 
     determinations as to whether entities meet requirements under 
     this title; and
       ``(B) annual fees to cover the costs of periodic surveys to 
     determine whether entities participating in the program under 
     this title continue to meet such requirements.
       ``(2) Assessment of fees.--
       ``(A) Types of fees.--
       ``(i) Fees for initial surveys.--Fee amounts assessed 
     pursuant to paragraph (1)(A) against an entity in a class and 
     State shall not exceed the estimated average cost of an 
     initial survey and determination for an entity in such class 
     and State.
       ``(ii) Fees for recertification surveys.--

       ``(I) In general.--Fee amounts assessed pursuant to 
     paragraph (1)(B) against entities in a class in a State shall 
     not exceed the amount which the Secretary reasonably 
     estimates will generate total revenues sufficient to cover 
     the applicable percentage specified in subclause (II) of 
     total annual costs for such surveys and determinations with 
     respect to such class and State.
       ``(II) Applicable percentages.--For purposes of subclause 
     (I), the applicable percentage specified in this subclause 
     is--

       ``(aa) 33 percent for fiscal year 1999;
       ``(bb) 66 percent for fiscal year 2000; and
       ``(cc) 100 percent for fiscal year 2001 and each succeeding 
     fiscal year.
       ``(B) Fee determination and publication.--
       ``(i) In general.--The Secretary shall annually establish 
     fee amounts under this subsection, and shall annually publish 
     schedules of such fees in the Federal Register. The 
     establishment and publication of such fees shall be solely in 
     the discretion of the Secretary and shall not be subject to 
     the requirements of sections 553 and 801 of title 5, United 
     States Code, and shall not be reviewable. Previously 
     published fee schedules shall remain in effect until new 
     schedules are effective.
       ``(ii) Reduction or waiver of fees.--The Secretary may 
     provide for reduction or waiver of the fees under this 
     subsection in exceptional circumstances in the public 
     interest.
       ``(3) Collection and crediting of fees.--
       ``(A) Fees for initial surveys.--
       ``(i) Collection of fees.--Fees assessed against an entity 
     in a State pursuant to paragraph (1)(A) shall be payable at 
     the time of the initial survey to the Secretary (or, in the 
     case of surveys performed by a State agency, to such agency).
       ``(ii) Remittance of fee amount to secretary where state 
     collects fees.--In the event a State agency collects a fee 
     pursuant to clause (i), such agency shall remit to the 
     Secretary an amount equal to the Secretary's share of the 
     cost of the activities described in paragraph (1)(A).
       ``(iii) Crediting of fees.--Fees paid to the Secretary 
     pursuant to clause (i) or remitted to the Secretary pursuant 
     to clause (ii) shall be credited to the Health Care Financing 
     Administration Program Management Account.
       ``(B) Fees for recertification surveys.--
       ``(i) Collection of fees.--Fees assessed against an entity 
     pursuant to paragraph (1)(B) shall be payable annually and 
     may be deducted from amounts otherwise payable from a Trust 
     Fund under this title to such entity.
       ``(ii) Reimbursement of state agency costs.--Of amounts 
     collected pursuant to clause (i), an amount equal to the 
     State's share of the cost of activities described in 
     paragraph (1)(B) shall be transferred to the appropriate 
     State agency.
       ``(iii) Reimbursement of secretary's costs.--The balance of 
     the amount collected pursuant to clause (i) that is not paid 
     to a State agency pursuant to clause (ii) shall be credited 
     to the Health Care Financing Administration Program 
     Management Account.
       ``(C) Offset.--Any amount of fees collected in a fiscal 
     year under this subsection that exceeds the amount of such 
     fees available for expenditure in such fiscal year, as 
     specified in appropriation Acts, shall be credited to the 
     Health Care Financing Administration Program Management 
     Account, and shall be available for obligation in subsequent 
     fiscal years to the extent provided in subsequent 
     appropriations Acts.
       ``(4) Availability of fees.--Fees collected pursuant to 
     this subsection shall remain available until expended, in the 
     amounts provided in appropriation Acts, for necessary 
     expenses related to the purposes for which the fees were 
     assessed.
       ``(5) Treatment of fees for purposes of cost reports.--An 
     entity may not include a fee assessed pursuant to this 
     subsection as an allowable item on a cost report under this 
     title or title XIX.
       ``(6) Certain entities not subject to fee.--The Secretary 
     shall not impose fees under this subsection against entities 
     subject to the requirements of the Clinical Laboratory 
     Improvement Amendments of 1988.''.

     SEC. 203. FEES FOR REGISTRATION OF INDIVIDUALS AND ENTITIES 
                   PROVIDING HEALTH CARE ITEMS OR SERVICES UNDER 
                   MEDICARE.

       Section 1866 of the Social Security Act (42 U.S.C. 1395cc) 
     is amended--
       (1) in the heading, by adding ``and registration of other 
     persons furnishing services'' after ``providers of 
     services''; and
       (2) by adding at the end the following new subsection:
       ``(j) Registration Procedures and Fees.--
       ``(1) Registration.--The Secretary shall establish a 
     procedure for initial registration and periodic renewal of 
     registration of individuals and entities that furnish items 
     or services for which payment may be made under this title 
     and that are not otherwise subject to provisions of this 
     title providing for such procedures.
       ``(2) Fees.--
       ``(A) Authority to impose fees.--The Secretary shall 
     impose, to the extent provided in appropriation Acts--
       ``(i) fees for initial agreements with providers of 
     services and initial registrations of other entities and 
     individuals that furnish items or services for which payment 
     may be made under this title, and
       ``(ii) annual fees to cover the costs of renewals of 
     agreements and registrations of such individuals and 
     entities.
       ``(B) Assessment of fees.--
       ``(i) Types of fees.--

       ``(I) Initial fees.--Fee amounts assessed pursuant to 
     subparagraph (A)(i) against a member of a class of 
     individuals or entities

[[Page H4170]]

     shall not exceed the Secretary's reasonable estimate of the 
     average cost of initiating an agreement or performing an 
     initial registration for an individual or entity in such 
     class.
       ``(II) Renewal fees.--Fee amounts assessed pursuant to 
     subparagraph (A)(ii) against members of a class of 
     individuals or entities shall not exceed the amount which the 
     Secretary reasonably estimates will generate total revenues 
     sufficient to cover total annual costs of performing such 
     renewals with respect to such class.

       ``(ii) Fee determination and publication.--

       ``(I) In general.--The Secretary shall annually establish 
     fee amounts under this paragraph, and shall annually publish 
     schedules of such fees in the Federal Register. The 
     establishment and publication of such fees shall be solely in 
     the discretion of the Secretary and shall not be subject to 
     the requirements of sections 553 and 801 of title 5, United 
     States Code, and shall not be reviewable. Previously 
     published fee schedules shall remain in effect until new 
     schedules are effective.
       ``(II) Reduction or waiver of fees.--The Secretary may 
     provide for reduction or waiver of the fees under this 
     paragraph in exceptional circumstances in the public 
     interest.

       ``(C) Collection and crediting of fees.--
       ``(i) Initial fees.--Fees assessed pursuant to subparagraph 
     (A)(i) against an individual or entity shall be payable upon 
     application for billing privileges under the program under 
     this title (and shall apply whether or not the Secretary 
     approves such application) and shall be credited to the 
     Health Care Financing Administration Program Management 
     Account.
       ``(ii) Renewal fees.--Fees assessed pursuant to 
     subparagraph (A)(ii) against an individual or entity shall be 
     payable annually and may be deducted from amounts otherwise 
     payable from a Trust Fund under this title to such individual 
     or entity. Such fees shall be credited to the Health Care 
     Financing Administration Program Management Account.
       ``(iii) Offset.--Any amount of fees collected in a fiscal 
     year under this paragraph that exceeds the amount of such 
     fees available for expenditure in such fiscal year, as 
     specified in appropriation Acts, shall be credited to the 
     Health Care Financing Administration Program Management 
     Account, and shall be available for obligation in subsequent 
     fiscal years to the extent provided in subsequent 
     appropriations Acts.
       ``(D) Availability of fees.--Fees collected pursuant to 
     this paragraph shall remain available until expended, in the 
     amounts provided in appropriation Acts, for necessary 
     expenses related to initiating and renewing such agreements 
     and registrations, including costs of--
       ``(i) establishing and maintaining procedures and records 
     systems;
       ``(ii) processing applications;
       ``(iii) background investigations;
       ``(iv) renewal of billing privileges; and
       ``(v) reverification of eligibility.
       ``(E) Treatment of fees for purposes of cost reports.--An 
     entity may not include a fee assessed pursuant to this 
     paragraph as an allowable item on a cost report under this 
     title or title XIX.''.

     SEC. 204. FEES TO COVER THE COST OF MEDICARE DESK REVIEW, 
                   AUDIT, AND COST SETTLEMENT ACTIVITIES.

       Section 1893 of the Social Security Act (42 U.S.C. 1395ddd) 
     is amended by adding at the end the following new subsection:
       ``(f) Fees for Review, Audit, and Cost Settlement 
     Activities.--
       ``(1) Authority to impose fees.--The Secretary shall impose 
     fees on providers of services and other entities furnishing 
     items or services for which payment may be made under this 
     title for performance of review, audit, and cost settlement 
     activities in connection with the audit of cost reports under 
     subsection (b)(2).
       ``(2) Assessment of fees.--
       ``(A) In general.--Fee amounts assessed pursuant to 
     paragraph (1) against members of a class of entities shall 
     not exceed the amount which the Secretary reasonably 
     estimates will generate total revenues sufficient to cover 
     total annual costs for performing such activities with 
     respect to such class.
       ``(B) Fee determination and publication.--
       ``(i) In general.--The Secretary shall annually establish 
     fee amounts under this subsection, and shall annually publish 
     schedules of such fees in the Federal Register. The 
     establishment and publication of such fees shall be solely in 
     the discretion of the Secretary and shall not be subject to 
     the requirements of sections 553 and 801 of title 5, United 
     States Code, and shall not be reviewable. Previously 
     published fee schedules shall remain in effect until new 
     schedules are effective.
       ``(ii) Reduction or waiver of fees.--The Secretary may 
     provide for reduction or waiver of the fees under this 
     subsection in exceptional circumstances in the public 
     interest.
       ``(3) Collection, crediting, and availability of fees.--
     Fees assessed pursuant to paragraph (1) against an entity 
     shall be payable annually and may be deducted from amounts 
     otherwise payable from a Trust Fund under this title to such 
     entity. Such fees shall be credited to the Health Care Fraud 
     and Abuse Control Account. Fees collected pursuant to this 
     subsection shall remain available until expended, for 
     necessary expenses for the purposes for which the fees were 
     assessed.
       ``(4) Treatment of fees for purposes of cost reports.--An 
     entity may not include a fee assessed pursuant to this 
     subsection as an allowable item on a cost report under this 
     title or title XIX.''.

     SEC. 205. FEES FOR PROCESSING CLAIMS.

       (a) In General.--Part D of title XVIII of the Social 
     Security Act is amended by adding at the end the following 
     new section:

     ``SEC. 1897. FEES FOR PROCESSING CLAIMS.

       ``(a) Authority To Impose Fees.--
       ``(1) In general.--Subject to subsection (b), each claim 
     described in paragraph (2) submitted by an individual or 
     entity furnishing items or services for which payment may be 
     made under this title is subject to a processing fee of 
     $1.00.
       ``(2) Claims subject to fee.--A claim is subject to the fee 
     specified in paragraph (1) if it--
       ``(A) duplicates, in whole or in part, another claim 
     submitted by the same individual or entity;
       ``(B) is a claim that cannot be processed and must, in 
     accordance with the Secretary's instructions, be returned by 
     the fiscal intermediary or carrier to the individual or 
     entity for completion; or
       ``(C) is not submitted electronically by an individual or 
     entity or the authorized billing agent of such individual or 
     entity.
       ``(b) Collection, Crediting, and Availability of Fees.--
       ``(1) Appropriations required.--Fees shall be collected and 
     expended under this section to the extent provided in 
     appropriation Acts.
       ``(2) Deduction from trust fund.--The Secretary shall 
     deduct any fees assessed pursuant to subsection (a) against 
     an individual or entity from amounts otherwise payable from a 
     Trust Fund under this title to such individual or entity, and 
     shall transfer the amount so deducted from such Trust Fund to 
     the Health Care Financing Administration Program Management 
     Account.
       ``(3) Offset.--Any amount of fees collected in a fiscal 
     year under this section that exceeds the amount of such fees 
     available for expenditure in such fiscal year, as specified 
     in appropriation Acts, shall be credited to the Health Care 
     Financing Administration Program Management Account, and 
     shall be available for obligation in subsequent fiscal years 
     to the extent provided in subsequent appropriations Acts.
       ``(4) Availability.--Fees collected pursuant to this 
     section shall remain available until expended for the costs 
     of the activities for which they were assessed.
       ``(c) Waiver of Certain Fees.--The Secretary may provide 
     for waiver of fees for claims described in subsection 
     (a)(2)(C) in cases of such compelling circumstances as the 
     Secretary may determine.
       ``(d) Treatment of Fees for Purposes of Cost Reports.--An 
     entity may not include a fee assessed pursuant to this 
     section as an allowable item on a cost report under this 
     title or title XIX.''.
       (b) Conforming Amendment.--Section 1842(c)(4) of such Act 
     (42 U.S.C. 1395u(c)(4)) is amended by striking ``Neither a 
     carrier'' and inserting ``Except as provided in section 1897, 
     neither a carrier''.

     SEC. 206. SECRETARY'S AUTHORITY TO ISSUE INTERIM FINAL 
                   REGULATIONS.

       The Secretary of Health and Human Services is authorized to 
     issue any regulations needed to implement the amendments made 
     by this title as interim final regulations.

                   TITLE III--MISCELLANEOUS USER FEES

     SEC. 301. AUTHORITY OF SECRETARY OF AGRICULTURE TO IMPOSE 
                   USER FEES FOR CERTAIN SERVICES PROVIDED BY 
                   DEPARTMENT OF AGRICULTURE AGENCIES.

       The Department of Agriculture Reorganization Act of 1994 is 
     amended by inserting after section 219 (7 U.S.C. 6919) the 
     following new section:

     ``SEC. 220. USER FEES FOR CERTAIN SERVICES PROVIDED BY 
                   DEPARTMENT AGENCIES, OFFICES, OFFICERS, AND 
                   EMPLOYEES.

       ``(a) User Fees Authorized.--Notwithstanding any other 
     provision of law, the Secretary may prescribe and collect 
     fees sufficient to cover all or some portion of the cost to 
     the Department, including administrative costs, of providing 
     services under the laws specified in subsection (b).
       ``(b) Covered Laws.--Subsection (a) applies to the 
     following laws, notwithstanding any provision prohibiting the 
     imposition of user fees in any such law:
       ``(1) Laws administered by the Animal and Plant Inspection 
     Service (or any successor agency), including the following 
     specific services:
       ``(A) Biotechnology testing services under the Federal 
     Plant Pest Act (7 U.S.C. 150aa et seq.).
       ``(B) Biotechnology testing services under the Act of 
     August 20, 1912 (commonly known as the Plant Quarantine Act; 
     7 U.S.C. 151 et seq.).
       ``(C) Animal welfare licensing services under the Animal 
     Welfare Act (7 U.S.C. 2131 et seq).
       ``(D) Veterinary biologics services under the Act of March 
     4, 1913 (commonly known as the Virus-Serum-Toxin Act; 21 
     U.S.C. 151 et seq.).
       ``(E) Services under the Swine Health Protection Act (7 
     U.S.C. 3801 et seq.).
       ``(2) Laws administered by the Grain Inspection, Packers 
     and Stockyards Administration (or any successor agency), 
     including the following:
       ``(A) The Packers and Stockyards Act, 1921 (7 U.S.C. 181 et 
     seq.).
       ``(B) The United States Grain Standards Act (7 U.S.C. 71 et 
     seq.).

[[Page H4171]]

       ``(3) Laws administered by the Food Safety and Inspection 
     Service (or any successor agency), including the following:
       ``(A) The Federal Meat Inspection Act (21 U.S.C. 601 et 
     seq.).
       ``(B) The Poultry Products Inspection Act (21 U.S.C. 451 et 
     seq.).
       ``(C) The Egg Products Inspection Act (21 U.S.C. 1031 et 
     seq.).
       ``(4) Laws administered by the Natural Resources 
     Conservation Service (or any successor agency), including 
     authorities regarding the provision of technical assistance 
     and products for natural resource conservation.
       ``(5) Laws administered by the Farm Service Agency (or any 
     successor agency), including the authorities regarding the 
     provision of information obtained from information 
     collections from persons participating in the programs 
     administered by the Agency.
       ``(c) Exceptions.--Subsection (b) does not include any law 
     or service for which a user fee is specifically required or 
     authorized under another provision of law.
       ``(d) Late Payment Penalties.--If a person subject to a fee 
     under this section fails to pay the fee when due, the 
     Secretary may assess a late payment penalty, and the overdue 
     fees shall accrue interest, as required by section 3717 of 
     title 31, United States Code.
       ``(e) Treatment of Fees.--Fees and other amounts collected 
     under this section shall be credited to the Department 
     accounts that incur the costs associated with the provision 
     of the services for which the fees are imposed. Funds so 
     credited shall be merged with the appropriations to which 
     credited and shall be available to the Secretary without 
     fiscal year limitation for the same purposes as the 
     appropriations with which merged.''.

     SEC. 302. NOAA NAVIGATION ASSISTANCE FEES.

       (a) Establishment and Collection.--
       (1) In general.--For fiscal year 1999 and each fiscal year 
     thereafter, the Secretary of Commerce, in consultation with 
     the Secretary of Transportation, shall establish, assess, and 
     collect under section 9701 of title 31, United States Code, 
     fees for the provision of navigation assistance services.
       (2) Fee schedule.--The Secretary shall implement fees under 
     this section by establishment of a schedule for such fees. 
     The Secretary shall publish an interim final rule containing 
     an initial fee schedule not later than 150 days after the 
     date of the enactment of this Act.
       (b) Crediting of Fees.--Fees collected under this section 
     shall be credited as offsetting collections of the Department 
     of Commerce.
       (c) Availability.--
       (1) In general.--Of amounts of offsetting collections 
     credited for fees under this section--
       (A) not to exceed $2,500,000 shall be available to the 
     Secretary of Commerce for fiscal year 1999 for expenses of 
     providing services for which the fees are collected; and
       (B) amounts in excess of $2,500,000 shall be available to 
     the Secretary of Commerce for fiscal years after fiscal year 
     1999 for expenses of providing those services.
       (2) Available until expended.--Amounts available under this 
     section shall remain available until expended.

     SEC. 303. FISHERIES MANAGEMENT AND ENFORCEMENT FEES.

       (a) Establishment and Collection.--
       (1) In general.--For fiscal year 1999 and each fiscal year 
     thereafter, the Secretary of Commerce shall establish, 
     assess, and collect under section 9701 of title 31, United 
     States Code, fees for the provision of fisheries management 
     and enforcement services.
       (2) Manner of collection.--The Secretary may prescribe the 
     manner in which such fees are collected.
       (b) Maximum Amount.--The maximum amount of any fee under 
     this section may not exceed one percent of the ex-vessel 
     value of harvested fish with respect to which the fee is 
     collected.
       (c) Crediting of Fees.--Fees collected under this section 
     shall be credited as offsetting collections of the Department 
     of Commerce.
       (d) Availability.--
       (1) In general.--Of amounts of offsetting collections 
     credited for fees under this section--
       (A) not to exceed $19,781,000 shall be available to the 
     Secretary of Commerce for fiscal year 1999 for expenses of 
     providing services for which the fees are collected; and
       (B) amounts in excess of $19,781,000 shall be available to 
     the Secretary of Commerce for fiscal years after fiscal year 
     1999 for expenses of providing those services.
       (2) Available until expended.--Amounts available under this 
     section shall remain available until expended.

     SEC. 304. LEVEL OF FEES FOR PATENT SERVICES.

       (a) General Patent Fees.--Section 41 of title 35, United 
     States Code, is amended by striking subsection (a) and 
     inserting the following:
       ``(a) The Commissioner shall charge the following fees:
       ``(1)(A) On filing each application for an original patent, 
     except in design or plant cases, $790.
       ``(B) In addition, on filing or on presentation at any 
     other time, $82 for each claim in independent form which is 
     in excess of 3, $22 for each claim (whether independent or 
     dependent) which is in excess of 20, and $270 for each 
     application containing a multiple dependent claim.
       ``(C) On filing each provisional application for an 
     original patent, $150.
       ``(2) For issuing each original or reissue patent, except 
     in design or plant cases, $1,320.
       ``(3) In design and plant cases--
       ``(A) on filing each design application, $330;
       ``(B) on filing each plant application, $540;
       ``(C) on issuing each design patent, $450; and
       ``(D) on issuing each plant patent, $670.
       ``(4)(A) On filing each application for the reissue of a 
     patent, $790.
       ``(B) In addition, on filing or on presentation at any 
     other time, $82 for each claim in independent form which is 
     in excess of the number of independent claims of the original 
     patent, and $22 for each claim (whether independent or 
     dependent) which is in excess of 20 and also in excess of the 
     number of claims of the original patent.
       ``(5) On filing each disclaimer, $110.
       ``(6)(A) On filing an appeal from the examiner to the Board 
     of Patent Appeals and Interferences, $310.
       ``(B) In addition, on filing a brief in support of the 
     appeal, $310, and on requesting an oral hearing in the appeal 
     before the Board of Patent Appeals and Interferences, $270.
       ``(7) On filing each petition for the revival of an 
     unintentionally abandoned application for a patent or for the 
     unintentionally delayed payment of the fee for issuing each 
     patent, $1,320, unless the petition is filed under section 
     133 or 151 of this title, in which case the fee shall be 
     $110.
       ``(8) For petitions for 1-month extensions of time to take 
     actions required by the Commissioner in an application--
       ``(A) on filing a first petition, $110;
       ``(B) on filing a second petition, $290; and
       ``(C) on filing a third petition or subsequent petition, 
     $550.
       ``(9) Basic national fee for an international application 
     where the Patent and Trademark Office was the International 
     Preliminary Examining Authority and the International 
     Searching Authority, $720.
       ``(10) Basic national fee for an international application 
     where the Patent and Trademark Office was the International 
     Searching Authority but not the International Preliminary 
     Examining Authority, $790.
       ``(11) Basic national fee for an international application 
     where the Patent and Trademark Office was neither the 
     International Searching Authority nor the International 
     Preliminary Examining Authority, $1,070.
       ``(12) Basic national fee for an international application 
     where the international preliminary examination fee has been 
     paid to the Patent and Trademark Office, and the 
     international preliminary examination report states that the 
     provisions of Article 33 (2), (3), and (4) of the Patent 
     Cooperation Treaty have been satisfied for all claims in the 
     application entering the national stage, $98.
       ``(13) For filing or later presentation of each independent 
     claim in the national stage of an international application 
     in excess of 3, $82.
       ``(14) For filing or later presentation of each claim 
     (whether independent or dependent) in a national stage of an 
     international application in excess of 20, $22.
       ``(15) For each national stage of an international 
     application containing a multiple dependent claim, $270.

     For the purpose of computing fees, a multiple dependent claim 
     referred to in section 112 of this title or any claim 
     depending therefrom shall be considered as separate dependent 
     claims in accordance with the number of claims to which 
     reference is made. Errors in payment of the additional fees 
     may be rectified in accordance with regulations of the 
     Commissioner.''.
       (b) Patent Maintenance Fees.--Section 41 of title 35, 
     United States Code, is amended by striking subsection (b) and 
     inserting the following:
       ``(b) The Commissioner shall charge the following fees for 
     maintaining in force all patents based on applications filed 
     on or after December 12, 1980:
       ``(1) 3 years and 6 months after grant, $1,050.
       ``(2) 7 years and 6 months after grant, $2,100.
       ``(3) 11 years and 6 months after grant, $3,160.

     Unless payment of the applicable maintenance fee is received 
     in the Patent and Trademark Office on or before the date the 
     fee is due or within a grace period of 6 months thereafter, 
     the patent will expire as of the end of such grace period. 
     The Commissioner may require the payment of a surcharge as a 
     condition of accepting within such 6-month grace period the 
     payment of an applicable maintenance fee. No fee may be 
     established for maintaining a design or plant patent in 
     force.''.
       (b) Authorization of Collection and Expenditure.--Section 
     42(c) of title 35, United States Code, is amended by striking 
     the first sentence and inserting the following: ``To the 
     extent and in the amounts provided in advance in 
     appropriations Acts, fees authorized in this title or any 
     other Act to be charged or established by the Commissioner 
     shall be collected by and shall be available to the 
     Commissioner to carry out the activities of the Patent and 
     Trademark Office.''.
       (c) Effective Date.--This section and the amendments made 
     by this section shall take effect on October 1, 1998.

     SEC. 305. EXPORT PROMOTION FEES.

       There is authorized to be appropriated to the International 
     Trade Administration of

[[Page H4172]]

     the Department of Commerce $292,452,000, to remain available 
     until expended, of which $6,000,000 shall be derived from 
     fees to be collected and used, to the extent provided in 
     appropriation Acts, by the International Trade Administration 
     for the provision of export promotion services, 
     notwithstanding section 3302 of title 31, United States Code. 
     Any such fees received in excess of $6,000,000 in fiscal year 
     1999 shall remain available until expended, but shall not be 
     made available until October 1, 1999.

     SEC. 306. HARDROCK LOCATION AND MAINTENANCE FEES.

       Title X of the Omnibus Budget Reconciliation Act of 1993 
     (Public Law 103-66) is amended as follows:
       (1) Section 10101(a) (30 U.S.C. 28f(a)) is amended by 
     striking the first sentence and inserting ``The holder of 
     each unpatented mining claim, mill or tunnel site, located 
     pursuant to the mining laws of the United States, whether 
     located before or after October 1, 1998, shall pay to the 
     Secretary of the Interior, on or before September 1 of each 
     year, for year 1999 and subsequent years, a claim maintenance 
     fee of $116 per claim or site.''.
       (2) Section 10102 (30 U.S.C. 28g) is amended by striking 
     ``and before September 30, 1998,'' and striking ``$25.00'' 
     and inserting ``$28''.
       (3) Section 10105 (30 U.S.C. 28j) is amended by adding the 
     following new subsection at the end:
       ``(d) Availability of Fees.--Fees collected under sections 
     10101 and 10102 (30 U.S.C. 28f and 28g) shall be available 
     without further appropriation for Mining Law Administration 
     program operations in the year following their collection.''.

     SEC. 307. IMPOSITION AND USE OF DEPARTMENT OF LABOR EMPLOYER 
                   FILING FEES UNDER THE IMMIGRATION AND 
                   NATIONALITY ACT.

       Section 286 of the Immigration and Nationality Act (8 
     U.S.C. 1356) is amended by adding at the end the following:
       ``(s) Department of Labor Fees for Employer-Related 
     Filings.--
       ``(1) Beginning in fiscal year 2000, the Secretary of Labor 
     shall impose a fee on each person filing with the Secretary 
     an application for a labor certification, an employer 
     attestation, or any similar petition or application, in order 
     to meet a requirement or condition of a program under this 
     title or title I relating to the provision to an alien of an 
     immigrant, or nonimmigrant, employment-based status. The fee 
     with respect a filing under a program shall be in an amount 
     prescribed by the Secretary based on the costs of carrying 
     out the Secretary's duties (including enforcement-related 
     functions) with respect to the program.
       ``(2) Fees collected under this subsection shall be 
     deposited as an offsetting collection in a fund established 
     for this purpose in the Treasury of the United States.
       ``(3) No amount shall be collected or obligated for any 
     fiscal year under this subsection, except to the extent 
     provided in appropriations Acts.
       ``(4) The fees in the fund collected with respect to a 
     program shall remain available until expended to the 
     Secretary, to the extent and in such amounts as may be 
     provided in appropriations Acts, to cover the costs described 
     in paragraph (1) with respect to the program, in addition to 
     any other funds that are available to the Secretary to cover 
     such costs.''.

     SEC. 308. COAST GUARD NAVIGATION ASSISTANCE FEES.

       (a) Establishment and Collection.--
       (1) In general.--For fiscal year 1999 and each fiscal year 
     thereafter, the Secretary of Transportation shall establish, 
     assess, and collect under section 9701 of title 31, United 
     States Code, fees for the provision of navigation assistance 
     services.
       (2) Fee schedule.--The Secretary shall implement fees under 
     this section by establishment of a schedule for such fees. 
     The Secretary shall publish an interim final rule containing 
     an initial fee schedule not later than 150 days after the 
     date of the enactment of this Act.
       (b) Crediting of Fees.--Fees collected under this section 
     shall be credited as offsetting collections of the Department 
     of Transportation.
       (c) Availability.--
       (1) In general.--Of amounts of offsetting collections 
     credited for fees under this section--
       (A) not to exceed $35,000,000 shall be available to the 
     Secretary of Transportation for fiscal year 1999 for expenses 
     of providing services for which the fees are collected; and
       (B) amounts in excess of $35,000,000 shall be available to 
     the Secretary of Transportation for fiscal years after fiscal 
     year 1999 for expenses of providing those services.
       (2) Available until expended.--Amounts available under this 
     section shall remain available until expended.

     SEC. 309. SURFACE TRANSPORTATION BOARD.

       Section 721 of title 49, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(f) User Fees.--
       ``(1) Schedule of fees.--The Board shall prescribe by 
     regulation a schedule of user fees for carriers subject to 
     the jurisdiction of the Board. The fees--
       ``(A) shall cover the costs incurred by the Board in 
     carrying out its functions; and
       ``(B) shall be assessed on each carrier in reasonable 
     relationship to the relative benefits received by the 
     carriers from the functions of the Board.
       ``(2) Collection of fees.--The Board shall prescribe 
     procedures for the collection of fees under this subsection. 
     The Board may use the services of a department, agency, or 
     instrumentality of the Federal Government or of a State or 
     local authority to collect the fees, and may reimburse the 
     department, agency, or instrumentality a reasonable amount 
     for its services.
       ``(3) Use of fees.--Fees collected under this subsection 
     may be used, to the extent provided in advance in 
     appropriation Acts, by the Board for the expenses of carrying 
     out its functions. Any amounts collected in a fiscal year in 
     excess of the amount required for carrying out the functions 
     of the Board for that fiscal year may be retained for use by 
     the Board in a subsequent fiscal year.''.

     SEC. 310. WETLANDS PERMIT FEES.

       (a) Establishment and Collection.--The Secretary of the 
     Army shall establish and collect fees, from applicants for 
     commercial permits under section 404 of the Federal Water 
     Pollution Control Act, for evaluation of applications for 
     such permits, the preparation of environmental impact 
     statements under the National Environmental Policy Act of 
     1969 in connection with the issuance of such permits, and the 
     delineation of wetlands for major developments affecting 
     wetlands.
       (b) Army Civil Works Regulatory Program.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a special account to be known as the ``Army 
     Civil Works Regulatory Program Account'' into which fees 
     collected by the Secretary under subsection (a) shall be 
     deposited.
       (2) Use of fees.--Amounts deposited into the Program 
     Account shall be available to the Secretary, as provided in 
     appropriation acts, to apply toward the costs incurred by the 
     Department of the Army in administering laws pertaining to 
     the regulation of navigable waters of the United States, 
     including wetlands. Such amounts shall be in addition to 
     appropriations otherwise available to the Secretary for 
     administering such laws.

     SEC. 311. RADIOLOGICAL PREPAREDNESS FEES.

       (a) Establishment of Radiological Emergency Preparedness 
     Fund.--There is established in the Treasury of the United 
     States a radiological emergency preparedness fund which shall 
     be available under the Atomic Energy Act of 1954 and 
     Executive Order No. 12657 for offsite radiological emergency 
     planning, preparedness, and response.
       (b) Fees.--
       (1) In general.--For fiscal year 1999 and each fiscal year 
     thereafter, the Director of the Federal Emergency Management 
     Agency shall establish (by regulation), assess, and collect 
     fees under this subsection from persons subject to the 
     radiological emergency preparedness regulations issued by the 
     Director.
       (2) Aggregate amount.--The aggregate amount of fees 
     assessed and collected under this subsection during a fiscal 
     year shall not be less than the amounts anticipated by the 
     Director to be necessary to carry out the radiological 
     emergency preparedness program of the Federal Emergency 
     Management Agency for such fiscal year.
       (3) Procedures.--The methodology for assessment and 
     collection of fees under this subsection shall be fair and 
     equitable. Such fees shall reflect the costs of providing 
     services, including administrative costs of collecting fees.
       (4) Deposit.--Fees collected under this subsection shall be 
     deposited in the radiological emergency preparedness fund 
     established under subsection (a) as offsetting collections. 
     An amount equal to the amount of fees so deposited shall 
     become available for authorized purposes on October 1 of the 
     fiscal year in which the fees are collected and shall remain 
     available until expended.

     SEC. 312. AVIATION ACCIDENT INVESTIGATION FEE.

       (a) Establishment and Collection.--For fiscal year 1999 and 
     each fiscal year thereafter the Chairman of the National 
     Transportation Safety Board shall establish, assess, and 
     collect under section 9701 of title 31, United States Code, 
     fees from air carriers to partially cover the costs of 
     aviation accident investigations. Such fees shall be 
     established by publication of an initial proposed fee 
     schedule as an interim final rule in the Federal Register not 
     later than 150 days after the date of the enactment of this 
     Act.
       (b) Maximum Amount.--The maximum amount of fees collected 
     under this section shall not exceed $6,000,000 in any fiscal 
     year.
       (c) Use of Fees.--Fees collected under this subsection 
     shall be credited as offsetting collections to an account 
     established in the Treasury of the United States for such 
     purpose and shall be available until expended for necessary 
     expenses for the National Transportation Safety Board in 
     conducting aviation accident investigations, including the 
     hiring of passenger motor vehicles and aircraft and services 
     authorized by section 3109 of title 5, United States Code, 
     but at rates for individuals not to exceed the per diem rate 
     equivalent to the rate as authorized by law under sections 
     5901 and 5902 of such title.

     SEC. 313. MONETARY ASSESSMENT ON CLAIMANT REPRESENTATIVES 
                   UTILIZING THE SOCIAL SECURITY ADMINISTRATION'S 
                   FEE APPROVAL AND DIRECT PAYMENT PROCESSES.

       (a) Representatives of Title II Claimants.--
       (1) In general.--Section 206 of the Social Security Act (42 
     U.S.C. 406) is amended by adding at the end the following new 
     subsection:

[[Page H4173]]

       ``(d)(1) In any case in which a fee (exceeding zero) of a 
     person who renders services for compensation in connection 
     with a claim for entitlement to benefits under this title 
     is--
       ``(A) fixed by the Commissioner pursuant to the last 
     sentence of subsection (a)(1),
       ``(B) approved by the Commissioner pursuant to subsection 
     (a)(2)(A), or
       ``(C) determined and allowed by a court pursuant to 
     subsection (b)(1)(A),

     the Commissioner shall assess such person an amount 
     determined in accordance with paragraph (2).
       ``(2) The amount of the assessment under paragraph (1) 
     shall be--
       ``(A) $165 (or such different amount as the Commissioner 
     may prescribe by regulation), if the Commissioner certifies 
     payment of a fee to a person described in paragraph (1) out 
     of past-due benefits payable under this title pursuant to 
     subsection (a)(4)(A) or (b)(1)(A) (or would so certify such 
     payment but for a reduction to zero authorized by paragraph 
     (3)(A)), or
       ``(B) $40 (or such different amount as the Commissioner may 
     prescribe by regulation) in any other case.
       ``(3)(A) Notwithstanding section 3716 of title 31, United 
     States Code, and subsections (a)(4) and (b)(1)(A) of this 
     section, the Commissioner may reduce (to not below zero) the 
     amount otherwise subject to certification for payment as a 
     fee to an attorney from past-due benefits in order to recover 
     any assessment or assessments under this subsection owing by 
     such attorney (without regard to whether such assessments 
     derive from the claim giving rise to the past-due benefits in 
     connection with which the fee payment is subject to 
     certification).
       ``(B) The Commissioner shall establish by regulation 
     procedures for the collection of assessments under this 
     subsection not recoverable as provided in subparagraph (A).
       ``(4) Assessments collected under this subsection shall be 
     credited to a special trust fund receipt account established 
     in the Treasury of the United States for assessments on 
     representatives under this subsection. The amounts so 
     credited, to the extent and in the amounts provided in 
     advance in appropriations Acts, shall be available to defray 
     expenses incurred in carrying out this title and related 
     laws.
       ``(5) From amounts credited under paragraph (4) to the 
     special account established in the Treasury of the United 
     States for assessments on representatives under this 
     subsection, there is authorized to be appropriated an amount 
     not to exceed $19,000,000 for fiscal year 1999, $26,000,000 
     for fiscal year 2000, and such sums as may be necessary for 
     each fiscal year thereafter, for administrative expenses in 
     carrying out this title and related laws.''.
       (2) Conforming amendments.--
       (A) Section 206(a)(4)(A) of such Act (42 U.S.C. 
     406(a)(4)(A)) is amended by striking the period and inserting 
     ``, except that the amount otherwise subject to certification 
     may be reduced (to not less than zero) pursuant to subsection 
     (d)(3)(A).''.
       (B) Section 206(b)(1)(A) of such Act (42 U.S.C. 
     406(b)(1)(A)) is amended by striking the period at the end of 
     the first sentence and inserting ``, except that the amount 
     otherwise subject to certification may be reduced (to not 
     less than zero) pursuant to subsection (d)(3)(A).''.
       (b) Representatives of Title XVI Claimants.--Section 
     1631(d)(2) of such Act (42 U.S.C. 1383(d)(2)) is amended by 
     redesignating subparagraph (B) as subparagraph (C) and by 
     inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) The provisions of section 206(d) shall apply to this 
     part to the same extent as they apply in the case of title 
     II, except that--
       ``(i) references therein to title II shall be deemed to be 
     references to title XVI;
       ``(ii) references to entitlement to benefits under title II 
     shall be deemed to be references to eligibility for benefits 
     under this title;
       ``(iii) such provisions shall apply only with respect to 
     assessments applicable to cases other than cases involving 
     certification of payment of a fee to a representative out of 
     past-due benefits; and
       ``(iv) the total amount of the appropriations authorized in 
     paragraph (5) thereof for carrying out this title and title 
     II may not exceed $19,000,000 for fiscal year 1999 and 
     $26,000,000 for fiscal year 2000.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to any person who, for a fee, represents or 
     otherwise assists a claimant with a claim arising under title 
     II or title XVI of the Social Security Act, and whose 
     representation of such claimant in connection with such claim 
     commences on or after the 60th day following the date of the 
     enactment of this Act.

     SEC. 314. RAILROAD SAFETY.

       Section 20115(e) of title 49, United States Code, is 
     amended by striking ``1995'' and inserting ``2003''.

     SEC. 315. INCREASE IN CUSTOMS MERCHANDISE PROCESSING FEE.

       Section 13031 of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c) is amended as 
     follows:
       (1) Subsection (a)(9)(B)(i) is amended by striking ``0.21 
     percent nor less than 0.15 percent'' and inserting ``0.25 nor 
     less than 0.15 percent''.
       (2) Subsection (f) is amended--
       (A) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively;
       (B) in paragraph (5), as so redesignated, by striking 
     ``paragraph (5)'' and inserting ``paragraph (6)'';
       (C) by inserting after paragraph (3) the following:
       ``(4) Fees collected under subsection (a)(9) in excess of 
     .21 percent ad valorem shall be available until expended for 
     necessary expenses incurred by the Secretary of the Treasury 
     for the National Customs Automation Program established under 
     section 411 of the Tariff Act of 1930, in addition to amounts 
     otherwise available for such purpose.''; and
       (D) in paragraph (1)(B) by striking ``paragraph (5)'' and 
     inserting ``paragraph (6)''.

     SEC. 316. PESTICIDE REGISTRATION FEES.

       Section 4(i) of the Federal Insecticide, Fungicide, and 
     Rodenticide Act (7 U.S.C. 136a-1(i)) is amended--
       (1) in paragraph (6), by striking ``(5)'' and inserting 
     ``(6)'';
       (2) by redesignating paragraphs (6) and (7) as paragraphs 
     (7) and (8), respectively; and
       (3) by inserting after paragraph (5) the following:
       ``(6) Registration fees.--
       ``(A) Authority to levy fee.--The Administrator may levy 
     fees upon applicants for registration and amendments to 
     registration under section 3 of this Act and applicants for 
     experimental use permits under section 5 of this Act, 
     pursuant to regulations similar to sections 152.410(b), 
     152.412, and 152.414 of title 40, Code of Federal Regulations 
     (as in effect as of July 1, 1997), in amounts sufficient to 
     cover costs associated with the review of such applications.
       ``(B) Time of payment.--An applicant upon whom a fee is 
     levied under this paragraph shall pay the fee at the time of 
     application, unless otherwise specified by the Administrator.
       ``(C) Effect of failure to pay by time prescribed.--The 
     Administrator may, by order and without a hearing, deny the 
     application of any applicant who fails to pay, within such 
     time as the Administrator has prescribed, any fee levied on 
     the applicant under this paragraph.
       ``(D) Authority to reduce or waive fee.--The Administrator 
     may reduce or waive any fee that would otherwise be assessed 
     under this paragraph--
       ``(i) in connection with an application for an active 
     ingredient that is contained only in pesticides for which 
     registration is sought solely for agricultural or 
     nonagricultural minor use; and
       ``(ii) in such other circumstances as the Administrator 
     determines to be in the public interest.
       ``(E) Use of fees.--The Administrator shall deposit in a 
     special fund in the Treasury of the United States all fees 
     collected under this paragraph, and the amount of such fees 
     shall be available, subject to appropriation, to carry out 
     the activities of the Environmental Protection Agency in the 
     issuance of the registrations under sections 3 and 5 in 
     respect of which the fees were paid.''.

     SEC. 317. CHEMICAL PRE-MANUFACTURING NOTIFICATION FEES.

       Notwithstanding section 26(b)(1) of the Toxic Substances 
     Control Act (15 U.S.C. 2625(b)(1)), the Administrator of the 
     Environmental Protection Agency is authorized to assess, in 
     fiscal year 1999 and thereafter, fees from any person 
     required to submit data under section 4 or 5 of such Act (15 
     U.S.C. 2603, 2604) without regard to the dollar limitations 
     established in section 26(b)(1) of such Act. Such fees shall 
     be calculated to cover costs associated with administering 
     those sections of such Act, and shall be paid at the time of 
     data submission, unless otherwise specified by the 
     Administrator. The Administrator may take into account the 
     ability to pay of the person required to submit the data and 
     the cost to the Administrator of reviewing such data. The 
     Administrator shall promulgate rules to implement this 
     section. Such rules may provide for allocating the fee in any 
     case in which the expenses of data submission under section 4 
     or 5 of such Act are shared. Increased fees collected under 
     this section shall be deposited in a special fund in the 
     United States Treasury, which thereafter will be available, 
     subject to appropriation, to carry out the Administration's 
     activities for which such fees are collected.

     SEC. 318. NRC USER FEES AND ANNUAL CHARGES.

       Section 6101(a)(3) of the Omnibus Budget Reconciliation Act 
     of 1990 (42 U.S.C. 2214(a)(3)) is amended by striking 
     ``September 30, 1998'' and inserting ``September 30, 2003''.

     SEC. 318. BANK EXAMINATION FEES.

       (a) FDIC Examination Fees.--Section 10(e)(1) of the Federal 
     Deposit Insurance Act (12 U.S.C. 1820(e)(1)) is amended to 
     read as follows:
       ``(1) In general.--
       ``(A) Regulatory examinations.--Subject to paragraph (6), 
     the cost of conducting any examination under subsection 
     (b)(2) of an insured depository institution described in 
     subparagraph (A) of such subsection shall be assessed by the 
     Corporation against the institution in an amount sufficient 
     to meet the Corporation's expenses in carrying out the 
     examination.
       ``(B) Insurance examinations.--The cost of conducting any 
     examination of a depository institution under subsection 
     (b)(2) or (b)(3), other than an examination to which 
     subparagraph (A) applies, may be assessed by the Corporation 
     against the institution to meet the Corporation's expenses in 
     carrying out the examination.''.

[[Page H4174]]

       (b) Federal Reserve Board Examination Fees.--The 2d 
     sentence of the 8th undesignated paragraph of section 9 of 
     the Federal Reserve Act (12 U.S.C. 326) is amended--
       (1) by striking ``may, in the discretion of the Board of 
     Governors of the Federal Reserve System, be assessed'' and 
     inserting ``shall be assessed, subject to section 10(e)(6) of 
     the Federal Deposit Insurance Act,''; and
       (2) by striking ``and, when so assessed, shall be paid'' 
     and inserting ``and shall be paid''.
       (c) Reasonable Reduction in Examination Fees for State 
     Banks and Savings Associations.--Section 10(e) of the Federal 
     Deposit Insurance Act (12 U.S.C. 1820(e)) is amended by 
     adding at the end the following new paragraph:
       ``(6) Reductions and Exemptions.--
       ``(A) Reduction for depository institutions subject to dual 
     supervision.--
       ``(i) In general.--The amount of any assessment or other 
     fee imposed on any State depository institution for an annual 
     regular examination--

       ``(I) by the Corporation under paragraph (1)(A);
       ``(II) by the Board of Governors of the Federal Reserve 
     System under the 8th undesignated paragraph of section 9 of 
     the Federal Reserve Act; or
       ``(III) by the Director of the Office of Thrift Supervision 
     under section 9(a) of the Home Owners' Loan Act,

     during any 12-month period may be reduced to the extent the 
     agency determines to be appropriate to reflect the fact that 
     the supervision of such State depository institution by an 
     appropriate State bank supervisor has reduced the need for 
     Federal supervision.
       ``(ii) Limit on amount of reduction.--The amount of any 
     reduction under clause (i) with respect to any State 
     depository institution shall not exceed the amount of an 
     assessment or fee imposed on such institution by the State 
     bank supervisor for the most recent examination of the 
     institution by the supervisor before January 1, 1998 (or, in 
     the case of an institution which was not subject to an 
     examination by the State bank supervisor before such date, 
     the amount which the appropriate Federal banking agency 
     reasonably determines would have been imposed by such 
     supervisor for an examination of the institution as of such 
     date).
       ``(iii) Adjustment for inflation.--For purposes of clause 
     (ii), the amount described in such clause shall be adjusted 
     annually after December 31, 1998, by the annual percentage 
     increase in the Consumer Price Index for Urban Wage Earners 
     and Clerical Workers published by the Bureau of Labor 
     Statistics.
       ``(B) Exemption for state depository institutions with 
     assets of less than $100,000,000.--Notwithstanding any other 
     provision of law, no assessment or other fee for an annual 
     regular examination may be imposed on any State depository 
     institution which has total assets of less than 
     $100,000,000--
       ``(i) by the Corporation under paragraph (1)(A);
       ``(ii) by the Board of Governors of the Federal Reserve 
     System under the 8th undesignated paragraph of section 9 of 
     the Federal Reserve Act; or
       ``(iii) by the Director of the Office of Thrift Supervision 
     under section 9(a) of the Home Owners' Loan Act.''.
       (d) Technical and Conforming Amendments.--
       (1) Section 10(b)(2) of the Federal Deposit Insurance Act 
     (12 U.S.C. 1820(b)(2) is amended by inserting ``an 
     examination is required under subsection (d)(1) or'' after 
     ``whenever''.
       (2) Section 10(d)(4) of the Federal Deposit Insurance Act 
     (12 U.S.C. 1820(d)(4)) is amended by inserting ``and 
     subsection (e)(6)'' after ``(1), (2), and (3)''.
       (e) Report on Fees Required to Be Imposed on Bank Holding 
     Companies.--Before January 31 of each calendar year which 
     begins after the date of the enactment of this Act, the Board 
     of Governors of the Federal Reserve System shall submit a 
     report to the Congress containing--
       (1) the total costs incurred by the Board during the year 
     preceding the year of such report which are attributable to 
     each examination of a bank holding company conducted during 
     such year pursuant to section 5(c) of the Bank Holding 
     Company Act of 1956; and
       (2) the total amount assessed against, and paid by, each 
     bank holding company under such section for the examination.

     SEC. 319. EXTENSION OF THE RECREATIONAL FEE DEMONSTRATION 
                   PROGRAM.

       (a) Authority.--The authority provided to the National Park 
     Service under the recreational fee demonstration program 
     authorized by section 315 of Public Law 104-134 (16 U.S.C. 
     460l-6a note)--
       (1) is extended through September 30, 2005; and
       (2) shall be available for all units of the National Park 
     System, except that no recreational admission fee may be 
     charged at Great Smoky Mountains National Park and Lincoln 
     Home National Historic Site.
       (b) Report.--
       (1) In general.--Not later than September 30, 2000, the 
     Secretary of the Interior shall submit to the Committee on 
     Resources of the House of Representatives and the Committee 
     on Energy and Natural Resources of the Senate a report 
     detailing the status of the recreational fee demonstration 
     program conducted in national parks under section 315 of 
     Public Law 104-134 (16 U.S.C. 460l-6a note).
       (2) Contents.--The report under paragraph (1) shall 
     contain--
       (A) an evaluation of the fee demonstration program 
     conducted at each national park;
       (B) with respect to each national park, a description of 
     the criteria that were used to determine whether a 
     recreational fee should or should not be charged at the 
     national park; and
       (C) a description of the manner in which the amount of the 
     fee at each national park was established.

     SEC. 320. CONCESSIONS REFORM.

       (a) Findings.--In furtherance of the Act of August 25, 1916 
     (39 Stat. 535), as amended (16 U.S.C. 1, 2-4), which directs 
     the Secretary of the Interior to administer areas of the 
     National Park System in accordance with the fundamental 
     purpose of preserving their scenery, wildlife, natural and 
     historic objects, and providing for their enjoyment in a 
     manner that will leave them unimpaired for the enjoyment of 
     future generations, the Congress finds that the preservation 
     and conservation of park resources and values requires that 
     such public accommodations, facilities, and services as the 
     Secretary determines are necessary and appropriate in 
     accordance with this Act--
       (1) should be provided only under carefully controlled 
     safeguards against unregulated and indiscriminate use so that 
     visitation will not unduly impair these values; and
       (2) should be limited to locations and designs consistent 
     to the highest practicable degree with the preservation and 
     conservation of park resources and values.
       (b) Policy.--It is the policy of the Congress that--
       (1) development on Federal lands within a park shall be 
     limited to those facilities and services that the Secretary 
     determines are necessary and appropriate for public use and 
     enjoyment of the park in which such facilities and services 
     are located;
       (2) development of such facilities and services within a 
     park should be consistent to the highest practicable degree 
     with the preservation and conservation of the park's 
     resources and values;
       (3) such facilities and services should be provided by 
     private persons, corporations, or other entities, except when 
     no qualified private interest is willing to provide such 
     facilities and services;
       (4) if the Secretary determines that development should be 
     provided within a park, such development shall be designed, 
     located, and operated in a manner that is consistent with the 
     purposes for which such park was established;
       (5) the right to provide such services and to develop or 
     utilize such facilities should be awarded to the person, 
     corporation, or entity submitting the best proposal through a 
     competitive selection process; and
       (6) such facilities or services should be provided to the 
     public at reasonable rates.
       (c) Definitions.--As used in this section:
       (1) The term ``concessioner'' means a person, corporation, 
     or other entity to whom a concession contract has been 
     awarded.
       (2) The term ``concession contract'' means a contract or 
     permit (but not a commercial use authorization issued 
     pursuant to section 6) to provide facilities or services, or 
     both, at a park.
       (3) The term ``facilities'' means improvements to real 
     property within parks used to provide accommodations, 
     facilities, or services to park visitors.
       (4) The term ``park'' means a unit of the National Park 
     System.
       (5) The term ``proposal'' means the complete proposal for a 
     concession contract offered by a potential or existing 
     concessioner in response to the minimum requirements for the 
     contract established by the Secretary.
       (6) The term ``Secretary'' means the Secretary of the 
     Interior.
       (d) Repeal of Concession Policy Act of 1965.--
       (1) Repeal.--The Act of October 9, 1965, Public Law 89-249 
     (79 Stat. 969, 16 U.S.C. 20-20g), entitled ``An Act relating 
     to the establishment of concession policies administered in 
     the areas administered by the National Park Service and for 
     other purposes'', is hereby repealed. The repeal of such 
     section shall not affect the validity of any contract entered 
     into under such Act, but the provisions of this Act shall 
     apply to any such contract except to the extent such 
     provisions are inconsistent with the express terms and 
     conditions of the contract.
       (2) Conforming amendment.--The fourth sentence of section 3 
     of the Act of August 25, 1916 (16 U.S.C. 3; 39 Stat. 535) is 
     amended by striking all through ``no natural'' and inserting 
     in lieu thereof, ``No natural''.
       (e) Concession Policy.--Subject to the findings and policy 
     stated in subsections (a) and (b), and upon a determination 
     by the Secretary that facilities or services are necessary 
     and appropriate for the accommodation of visitors at a park, 
     the Secretary shall, consistent with the provisions of this 
     section, laws relating generally to the administration and 
     management of units of the National Park System, and the 
     park's general management plan, concession plan, and other 
     applicable plans, authorize private persons, corporations, or 
     other entities to provide and operate such facilities or 
     services as the Secretary deems necessary and appropriate.
       (f) Commercial Use Authorizations.--
       (1) In general.--To the extent specified in this section, 
     the Secretary, upon request, may authorize a private person, 
     corporation,

[[Page H4175]]

     or other entity to provide services to park visitors through 
     a commercial use authorization.
       (2) Criteria for issuance of authorization.--(A) The 
     authority of this subsection may be used only to authorize 
     provision of services that the Secretary determines will have 
     minimal impact on park resources and values and which are 
     consistent with the purposes for which the park was 
     established and with all applicable management plans for such 
     park.
       (B) The Secretary--
       (i) shall require payment of a reasonable fee for issuance 
     for an authorization under this subsection, such fees to 
     remain available without further appropriation to be used, at 
     a minimum, to recover associated management and 
     administration costs;
       (ii) shall require that the provision of services under 
     such an authorization be accomplished in a manner consistent 
     to the highest practicable degree with the preservation and 
     conservation of park resources and values;
       (iii) shall take appropriate steps to limit the liability 
     of the United States arising from the provision of services 
     under such an authorization; and
       (iv) shall have no authority under this subsection to issue 
     more authorizations than are consistent with the preservation 
     and proper management of park resources and values, and shall 
     establish such other conditions for issuance of such an 
     authorization as the Secretary determines appropriate for the 
     protection of visitors, provision of adequate and appropriate 
     visitor services, and protection and proper management of the 
     resources and values of the park.
       (3) Limitations.--Any authorization issued under this 
     subsection shall be limited to--
       (A) commercial operations with annual gross revenues of not 
     more than $25,000 resulting from services originating and 
     provided solely within a park pursuant to such authorization; 
     or
       (B) the incidental use of park resources by commercial 
     operations which provide services originating outside of the 
     park's boundaries: Provided, That such authorization shall 
     not provide for the construction of any structure, fixture, 
     or improvement on Federal lands within the park.
       (4) Duration.--The term of any authorization issued under 
     this subsection shall not exceed 2 years.
       (5) Other contracts.--A person, corporation, or other 
     entity seeking or obtaining an authorization pursuant to this 
     subsection shall not be precluded from also submitting 
     proposals for concession contracts.
       (g) Competitive Selection Process.--
       (1) In general.--(A) Except as provided in paragraph (2), 
     and consistent with the provisions of paragraph (7), any 
     concession contract entered into pursuant to this section 
     shall be awarded to the person, corporation, or other entity 
     submitting the best proposal as determined by the Secretary, 
     through a competitive selection process, as provided in this 
     section.
       (B)(i) As soon as practicable after the date of enactment 
     of this Act, the Secretary shall promulgate appropriate 
     regulations establishing the competitive selection process.
       (ii) The regulations shall include provisions for 
     establishing a procedure for the resolution of disputes 
     between the Secretary and a concessioner in those instances 
     where the Secretary has been unable to meet conditions or 
     requirements or provide such services, if any, as set forth 
     in a prospectus pursuant to paragraph (3).
       (2) Temporary contract.--Notwithstanding the provisions of 
     paragraph (1), the Secretary may award a temporary concession 
     contract in order to avoid interruption of services to the 
     public at a park, except that prior to making such a 
     determination, the Secretary shall take all reasonable and 
     appropriate steps to consider alternatives to avoid such an 
     interruption.
       (3) Prospectus.--(A)(i) Prior to soliciting proposals for a 
     concession contract at a park, the Secretary shall prepare a 
     prospectus soliciting proposals, and shall publish a notice 
     of its availability at least once in local or national 
     newspapers or trade publications, as appropriate, and shall 
     make such prospectus available upon request to all interested 
     parties.
       (ii) A prospectus shall assign a weight to each factor 
     identified therein related to the importance of such factor 
     in the selection process. Points shall be awarded for each 
     such factor, based on the relative strength of the proposal 
     concerning that factor.
       (B) The prospectus shall include, but need not be limited 
     to, the following information--
       (i) the minimum requirements for such contract, as set 
     forth in subsection (d);
       (ii) the terms and conditions of the existing concession 
     contract awarded for such park, if any, including all fees 
     and other forms of compensation provided to the United States 
     by the concessioner;
       (iii) other authorized facilities or services which may be 
     provided in a proposal;
       (iv) facilities and services to be provided by the 
     Secretary to the concessioner, if any, including but not 
     limited to, public access, utilities, and buildings;
       (v) minimum public services to be offered within a park by 
     the Secretary, including but not limited to, interpretive 
     programs, campsites, and visitor centers; and
       (vi) such other information related to the proposed 
     concession operation as is provided to the Secretary pursuant 
     to a concession contract or is otherwise available to the 
     Secretary, as the Secretary determines is necessary to allow 
     for the submission of competitive proposals.
       (4) Minimum Proposal Requirements.--(A) No proposal shall 
     be considered which fails to meet the minimum requirements as 
     determined by the Secretary. Such minimum requirements shall 
     include, but need not be limited to--
       (i) the minimum acceptable franchise fee;
       (ii) any facilities, services, or capital investment 
     required to be provided by the concessioner; and
       (iii) measures necessary to ensure the protection and 
     preservation of park resources.
       (B) The Secretary shall reject any proposal, 
     notwithstanding the franchise fee offered, if the Secretary 
     determines that the person, corporation, or entity is not 
     qualified, is likely to provide unsatisfactory service, or 
     that the proposal is not responsive to the objectives of 
     protecting and preserving park resources and of providing 
     necessary and appropriate facilities or services to the 
     public at reasonable rates.
       (C) If all proposals submitted to the Secretary either fail 
     to meet the minimum requirements or are rejected by the 
     Secretary, the Secretary shall establish new minimum contract 
     requirements and re-initiate the competitive selection 
     process pursuant to this section.
       (5) Selection of Best Proposal.--(A) In selecting the best 
     proposal, the Secretary shall consider the following 
     principal factors:
       (i) the responsiveness of the proposal to the objectives of 
     protecting and preserving park resources and of providing 
     necessary and appropriate facilities and services to the 
     public at reasonable rates;
       (ii) the experience and related background of the person, 
     corporation, or entity submitting the proposal, including but 
     not limited to, the past performance and expertise of such 
     person, corporation, or entity in providing the same or 
     similar facilities or services;
       (iii) the financial capability of the person, corporation, 
     or entity submitting the proposal; and
       (iv) the proposed franchise fee: Provided, That 
     consideration of revenue to the United States shall be 
     subordinate to the objectives of protecting and preserving 
     park resources and of providing necessary and appropriate 
     facilities or services to the public at reasonable rates.
       (B) The Secretary may also consider such secondary factors 
     as the Secretary deems appropriate.
       (C) In developing regulations to implement this Act, the 
     Secretary shall consider the extent to which plans for 
     employment of Indians (including Native Alaskans) and 
     involvement of businesses owned by Indians, Indian tribes, or 
     Native Alaskans in the operation of concession contracts 
     should be identified as a factor in the selection of a best 
     proposal under this section.
       (6) Congressional notification.--(A) The Secretary shall 
     submit any proposed concession contract with anticipated 
     annual gross receipts in excess of $5,000,000 or a duration 
     of 10 or more years to the Committee on Resources of the 
     United States House of Representatives and the Committee on 
     Energy and Natural Resources of the United States Senate.
       (B) The Secretary shall not award any such proposed 
     contract until at least 60 days subsequent to the 
     notification of both Committees.
       (7) No preferential right of renewal.--(A) Except as 
     provided in subparagraph (B), the Secretary shall not grant a 
     preferential right to a concessioner to renew a concession 
     contract entered into pursuant to this section.
       (B)(i) The Secretary shall grant a preferential right of 
     renewal with respect to a concession contract covered by 
     paragraphs (8) and (9), subject to the requirements of the 
     appropriate subsection.
       (ii) As used in this paragraph, and paragraphs (8) and (9), 
     the term ``preferential right of renewal'' means that the 
     Secretary shall allow a concessioner satisfying the 
     requirements of this paragraph (and paragraphs (8) or (9), as 
     appropriate) the opportunity to match the terms and 
     conditions of any competing proposal which the Secretary 
     determines to be the best proposal.
       (iii) A concessioner who exercises a preferential right of 
     renewal in accordance with the requirements of this 
     subparagraph shall be entitled to award of the new concession 
     contract with respect to which such right is exercised.
       (8) Outfitting and guide contracts.--(A) The provisions of 
     paragraph (g)(2) shall apply only--
       (i) to a concession contract--
       (I) which solely authorizes a concessioner to provide 
     outfitting, guide, river running, or other substantially 
     similar services within a park; and
       (II) which does not grant such concessioner any interest in 
     any structure, fixture, or improvement pursuant to subsection 
     (l); and
       (ii) where the Secretary determines that the concessioner 
     has operated satisfactorily during the term of the contract 
     (including any extensions thereof); and
       (iii) where the Secretary determines that the concessioner 
     has submitted a responsive proposal for a new contract which 
     satisfies the minimum requirements established by the 
     Secretary pursuant to paragraph (4).
       (B) With respect to a concession contract (or extension 
     thereof) covered by this subsection which is in effect on the 
     date of enactment of this Act, the provisions of this 
     paragraph shall apply if the holder of such

[[Page H4176]]

     contact, under the laws and policies in effect on the day 
     before the date of enactment of this Act, would have been 
     entitled to a preferential right to renew such contract upon 
     its expiration.
       (9) Contracts with annual gross receipts under $500,000.--
     (A) The provisions of paragraph (7)(B) shall also apply to a 
     concession contract--
       (i) which the Secretary estimates will result in annual 
     gross receipts of less than $500,000;
       (ii) where the Secretary has determined that the 
     concessioner has operated satisfactorily during the term of 
     the contract (including any extensions thereof); and
       (iii) that the concessioner has submitted a responsive 
     proposal for a new concession contract which satisfies the 
     minimum requirements established by the Secretary pursuant to 
     paragraph (4).
       (B) The provisions of this paragraph shall not apply to a 
     concession contract which solely authorizes a concessioner to 
     provide outfitting, guide, river running, or other 
     substantially similar services within a park pursuant to 
     paragraph (8).
       (10) No preferential right to additional services.--The 
     Secretary shall not grant a preferential right to a 
     concessioner to provide new or additional services at a park.
       (h) Franchise Fees.--
       (1) In general.--Franchise fees shall not be less than the 
     minimum fee established by the Secretary for each contract. 
     The minimum fee shall be determined in a manner that will 
     provide the concessioner with a reasonable opportunity to 
     realize a profit on the operation as a whole, commensurate 
     with the capital invested and the obligations assumed under 
     the contract.
       (2) Multiple contracts within a park.--If multiple 
     concession contracts are awarded to authorize concessioners 
     to provide the same or similar outfitting, guide, river 
     running, or other similar services at the same approximate 
     location or resource within a specific park, the Secretary 
     shall establish an identical franchise fee for all such 
     contracts, subject to periodic review and revision by the 
     Secretary. Such fee shall reflect fair market value.
       (e) Adjustment of franchise fees.--The amount of any 
     franchise fee for the term of the concession contract shall 
     be specified in the concession contract and may only be 
     modified to reflect substantial changes from the conditions 
     specified or anticipated in the contract.
       (i) Use of Franchise Fees.--
       (1) Deposits to treasury.--All receipts collected pursuant 
     to this section shall be covered into a special account 
     established in the Treasury of the United States. Except as 
     provided in paragraph (2), amounts covered into such account 
     in a fiscal year shall be available for expenditure, subject 
     to appropriation, solely as follows:
       (A) 50 percent shall be allocated among the units of the 
     National Park System in the same proportion as franchise fees 
     collected from a specific unit bears to the total amount 
     covered into the account for each fiscal year, to be used for 
     resource management and protection, maintenance activities, 
     interpretation, and research.
       (B) 50 percent shall be allocated among the units of the 
     National Park System on the basis of need, in a manner to be 
     determined by the Secretary, to be used for resource 
     management and protection, maintenance activities, 
     interpretation, and research.
       (2) Special account.--Beginning in fiscal year 1998, all 
     receipts collected in the previous year in excess of the 
     following amounts shall be made available from the special 
     account to the Secretary without further appropriation, to be 
     allocated among the units of the National Park System on the 
     basis of need, in a manner to be determined by the Secretary, 
     to be used for resource management and protection, 
     maintenance activities, interpretation, and research:
       (A) $17,000,000 for fiscal year 1998.
       (B) $18,000,000 for fiscal year 1999.
       (C) $18,000,000 for fiscal year 2000.
       (D) $18,000,000 for fiscal year 2001.
       (E) $18,000,000 for fiscal year 2002.
       (3) Existing concessioner improvement funds.--Nothing in 
     this section shall affect or restrict the use of funds 
     maintained by a concessioner in an existing concessioner 
     improvement account pursuant to a concession contract in 
     effect as of the date of enactment of this Act. No new, 
     renewed, or extended contracts entered into after the date of 
     enactment of this Act shall provide for or authorize the use 
     of such concessioner improvement accounts.
       (4) Inspector general audits.--Beginning in fiscal year 
     1998, the Inspector General of the Department of the Interior 
     shall conduct a biennial audit of the concession fees 
     generated pursuant to this section. The Inspector General 
     shall make a determination as to whether concession fees are 
     being collected and expended in accordance with this Act and 
     shall submit copies of each audit to the Committee on 
     Resources of the United States House of Representatives and 
     the Committee on Energy and Natural Resources of the United 
     States Senate.
       (j) Duration of Contract.--
       (1) Maximum term.--A concession contract entered into 
     pursuant to this section shall be awarded for a term not to 
     exceed 10 years: Provided, however, That the Secretary may 
     award a contract for a term of up to 20 years if the 
     Secretary determines that the contract terms and conditions 
     necessitate a longer term.
       (2) Temporary contract.--A temporary concession contract 
     awarded on a non-competitive basis pursuant to subsection 
     (f)(2) shall be for a term not to exceed 2 years.
       (k) Transfer of Contract.--
       (1) In General.--No concession contract may be transferred, 
     assigned, sold, or otherwise conveyed by a concessioner 
     without prior written notification to, and approval of the 
     Secretary.
       (2) Approval of transfer.--The Secretary shall not 
     unreasonably withhold approval of a transfer, assignment, 
     sale, or conveyance of a concession contract, but shall not 
     approve the transfer, assignment, sale, or conveyance of a 
     concession contract to any individual, corporation or other 
     entity if the Secretary determines that--
       (A) such individual, corporation or entity is, or is likely 
     to be, unable to completely satisfy all of the requirements, 
     terms, and conditions of the contract;
       (B) such transfer, assignment, sale or conveyance is not 
     consistent with the objectives of protecting and preserving 
     park resources, and of providing necessary and appropriate 
     facilities or services to the public at reasonable rates;
       (C) such transfer, assignment, sale, or conveyance relates 
     to a concession contract which does not provide to the United 
     States consideration commensurate with the probable value of 
     the privileges granted by the contract; or
       (D) the terms of such transfer, assignment, sale, or 
     conveyance directly or indirectly attribute a significant 
     value to intangible assets or otherwise may so reduce the 
     opportunity for a reasonable profit over the remaining term 
     of the contract that the United States may be required to 
     make substantial additional expenditures in order to avoid 
     interruption of services to park visitors.
       (l) Protection of Concessioner Investment.--
       (1) Current contract.--(A) A concessioner who before the 
     date of the enactment of this Act has acquired or 
     constructed, or is required under an existing concession 
     contract to commence acquisition or construction of any 
     structure, fixture, or improvement upon land owned by the 
     United States within a park, pursuant to such contract, shall 
     have a possessory interest therein, to the extent provided by 
     such contract.
       (B) Unless otherwise provided in such contract, said 
     possessory interest shall not be extinguished by the 
     expiration or termination of the contract and may not be 
     taken for public use without just compensation. Such 
     possessory interest may be assigned, transferred, encumbered, 
     or relinquished.
       (C) Upon the termination of a concession contract in effect 
     before the date of enactment of this title, the Secretary 
     shall determine the value of any outstanding possesory 
     interest applicable to the contract, such value to be 
     determined for all purposes on the basis of applicable laws 
     and contracts in effect on the day before the date of 
     enactment of this Act.
       (D) Nothing in this paragraph shall be construed to grant a 
     possessory interest to a concessioner whose contract in 
     effect on the date of enactment of this Act does not include 
     recognition of a possessory interest.
       (2) New contracts.--(A)(i) With respect to a concession 
     contract entered into on or after the date of enactment of 
     this Act, the value of any outstanding possessory interest 
     associated with such contract shall be set at the value 
     determined by the Secretary pursuant to paragraph (1)(C).
       (ii) As a condition of entering into a concession contract, 
     the value of any outstanding possessory interest shall be 
     reduced on an annual basis, in equal portions, over the same 
     number of years as the time period associated with the 
     straight line depreciation of the structure, fixture, or 
     improvement associated with such possessory interest, as 
     provided by applicable Federal income tax laws and 
     regulations in effect on the day before the date of enactment 
     of this Act.
       (iii) In the event that the contract expires or is 
     terminated prior to the elimination of any outstanding 
     possessory interest, the concessioner shall be entitled to 
     receive from the United States or the successor concessioner 
     payment equal to the remaining value of the possessory 
     interest.
       (iv) A successor concessioner may not revalue any 
     outstanding possessory interest, nor the period of time over 
     which such interest is reduced.
       (v) Title to any structure, fixture, or improvement 
     associated with any outstanding possessory interest shall be 
     vested in the United States.
       (B)(i) If the Secretary determines during the competitive 
     selection process that all proposals submitted either fail to 
     meet the minimum requirements or are rejected (as provided in 
     subsection (g)), the Secretary may, solely with respect to 
     any outstanding possessory interest associated with the 
     contract and established pursuant to a concession contract 
     entered into prior to the date of enactment of this Act, 
     suspend the reduction provisions of paragraph (2)(A)(i) for 
     the duration of the contract, and re-initiate the competitive 
     selection process as provided in subsection (g).
       (ii) The Secretary may suspend such reduction provisions 
     only if the Secretary determines that the establishment of 
     other new minimum contract requirements is not likely to 
     result in the submission of satisfactory

[[Page H4177]]

     proposals, and that the suspension of the reduction 
     provisions is likely to result in the submission of 
     satisfactory proposals: Provided, however, That nothing in 
     this paragraph shall be construed to require the Secretary to 
     establish a minimum franchise fee at a level below the 
     franchise fee in effect for such contract on the day before 
     the expiration date of the previous contract.
       (3) New structures.--(A) On or after the date of enactment 
     of this Act, a concessioner who constructs or acquires a new, 
     additional, or replacement structure, fixture, or improvement 
     upon land owned by the United States within a park, pursuant 
     to a concession contract, shall have an interest in such 
     structure, fixture, or improvement equivalent to the actual 
     original cost of acquiring or constructing such structure, 
     fixture, or improvement, less straight line depreciation over 
     the estimated useful life of the asset according to Generally 
     Accepted Accounting Principles: Provided, That in no event 
     shall the estimated useful life of such asset exceed the 
     depreciation period used for such asset for Federal income 
     tax purposes.
       (B) In the event that the contract expires or is terminated 
     prior to the recovery of such costs, the concessioner shall 
     be entitled to receive from the United States or the 
     successor concessioner payment equal to the value of the 
     concessioner's interest in such structure, fixture, or 
     improvement. A successor concessioner may not revalue the 
     interest in such structure, fixture, or improvement, the 
     method of depreciation, or the estimated useful life of the 
     asset.
       (C) Title to any such structure, fixture, or improvement 
     shall be vested in the United States.
       (4) Insurance, maintenance, and repair.--Nothing in this 
     subsection shall affect the obligation of a concessioner to 
     insure, maintain, and repair any structure, fixture, or 
     improvement assigned to such concessioner and to insure that 
     such structure, fixture, or improvement fully complies with 
     applicable safety and health laws and regulations.
       (m) Rates and Charges to Public.--The reasonableness of a 
     concessioner's rates and charges to the public shall, unless 
     otherwise provided in the bid specifications and contract, be 
     judged primarily by comparison with those rates and charges 
     for facilities and services of comparable character under 
     similar conditions, with due consideration for length of 
     season, seasonal variance, average percentage of occupancy, 
     accessibility, availability and costs of labor and materials, 
     type of patronage, and other factors deemed significant by 
     the Secretary.
       (n) Concessioner Performance Evaluation.--
       (1) Regulations.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall publish, after an 
     appropriate period for public comment, regulations 
     establishing standards and criteria for evaluating the 
     performance of concessions operating within parks.
       (2) Periodic Evaluation.--(A) The Secretary shall 
     periodically conduct an evaluation of each concessioner 
     operating under a concession contract pursuant to this Act, 
     as appropriate, to determine whether such concessioner has 
     performed satisfactorily. In evaluating a concessioner's 
     performance, the Secretary shall seek and consider applicable 
     reports and comments from appropriate Federal, State, and 
     local regulatory agencies, and shall seek and consider the 
     applicable views of park visitors and concession customers. 
     If the Secretary's performance evaluation results in an 
     unsatisfactory rating of the concessioner's overall 
     operation, the Secretary shall provide the concessioner with 
     a list of the minimum requirements necessary for the 
     operation to be rated satisfactory, and shall so notify the 
     concessioner in writing.
       (B) The Secretary may terminate a concession contract if 
     the concessioner fails to meet the minimum operational 
     requirements identified by the Secretary within the time 
     limitations established by the Secretary at the time notice 
     of the unsatisfactory rating is provided to the concessioner.
       (C) If the Secretary terminates a concession contract 
     pursuant to this section, the Secretary shall solicit 
     proposals for a new contract consistent with the provisions 
     of this Act.
       (o) Recordkeeping Requirements.--
       (1) In general.--Each concessioner shall keep such records 
     as the Secretary may prescribe to enable the Secretary to 
     determine that all terms of the concessioner's contract have 
     been, and are being faithfully performed, and the Secretary 
     or any of the Secretary's duly authorized representatives 
     shall, for the purpose of audit and examination, have access 
     to such records and to other books, documents, and papers of 
     the concessioner pertinent to the contract and all the terms 
     and conditions thereof as the Secretary deems necessary.
       (2) General accounting office review.--The Comptroller 
     General of the United States or any of his or her duly 
     authorized representatives shall, until the expiration of 
     five calendar years after the close of the business year for 
     each concessioner, have access to and the right to examine 
     any pertinent books, documents, papers, and records of the 
     concessioner related to the contracts or contracts involved.
       (p) Exemption From Certain Lease Requirements.--The 
     provisions of section 321 of the Act of June 30, 1932 (47 
     Stat. 412; 40 U.S.C. 303b), relating to the leasing of 
     buildings and properties of the United States, shall not 
     apply to contracts awarded by the Secretary pursuant to this 
     section.
       (q) Authorization of Appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this Act.

     SEC. 321. FEDERAL AVIATION ADMINISTRATION USER FEES.

       (a) User Funding of the Federal Aviation Administration.--
     Section 48104(a) of title 49, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) any cost incurred by the Federal Aviation 
     Administration after September 30, 1999, that is authorized 
     by law.''.
       (b) Cost Recovery for Foreign Aviation Services and 
     Clarification of Overflight Fee Authority.--Section 45301 of 
     title 49, United States Code, is amended--
       (1) in subsection (a)(2), by inserting ``or to any entity 
     obtaining services outside the United States'' before the 
     period; and
       (2) by striking the period after ``rendered'' and inserting 
     ``, including both direct and indirect costs, as determined 
     by the Administrator, using generally accepted accounting 
     principles and internationally accepted economic 
     principles.''.

                        TITLE IV--TAX INCREASES

     SEC. 401. TAX INCREASES.

       It is the sense of the House of Representatives that the 
     following tax increases proposed by the President should be 
     enacted as soon as possible:
       (1) Accounting provisions.--
       (A) Repeal lower of cost or market inventory accounting 
     method.
       (B) Repeal nonaccrual experience method of accounting and 
     make certain trade receivables ineligible for mark-to-market 
     treatment.
       (2) Financial products and institutions.--
       (A) Defer interest deduction on certain convertible debt.
       (B) Extend pro rata disallowance of tax-exempt interest 
     expense that applies to banks to all financial 
     intermediaries.
       (3) Corporate tax provisions.--
       (A) Eliminate dividends received deduction for certain 
     preferred stock.
       (B) Repeal tax-free conversion of large C corporations into 
     S corporations.
       (C) Restrict special net operating loss carryback rules for 
     specified liability losses.
       (D) Clarify the meaning of ``subject to'' liabilities under 
     section 357(c).
       (4) Insurance provisions.--
       (A) Increase the proration percentage for property and 
     casualty insurance companies.
       (B) Capitalize net premiums for credit life insurance 
     contracts.
       (C) Modify corporate-owned life insurance rules.
       (D) Modify reserve rules for annuity contracts.
       (E) Tax certain exchanges of insurance contracts and 
     reallocations of assets within variable insurance contracts.
       (F) Modify computation of ``investment in the contract'' 
     for mortality and expense charges on certain insurance 
     contracts.
       (5) Estate and gift tax provisions.--
       (A) Eliminate nonbusiness valuation discounts.
       (B) Modify treatment of gifts of ``present interests'' in a 
     trust (repeal ``Crummey'' case rule).
       (C) Eliminate gift tax exemption for personal residence 
     trusts.
       (D) Include qualified terminable interest property trust 
     assets in surviving spouse's estate.
       (6) Foreign tax provisions.--
       (A) Replace sales source rules with activity-based rule.
       (B) Modify rules relating to foreign oil and gas extraction 
     income.
       (C) Apply ``80/20'' company rules on a group-wide basis.
       (D) Prescribe regulations regarding foreign built-in 
     losses.
       (E) Prescribe regulations regarding use of hybrids.
       (F) Modify foreign office material participation exception 
     applicable to certain inventory sales.
       (G) Modify controlled foreign corporation exception from 
     United States tax on transportation income.
       (7) Administrative provisions.--
       (A) Increase penalties for failure to file correct 
     information returns.
       (B) Modify definition of substantial understatement penalty 
     for large corporations.
       (C) Repeal exemption for withholding on gambling.
       (D) Modify deposit requirement for FUTA.
       (E) Clarify and expand math error procedures.
       (8) Real estate investment company provisions.--
       (A) Freeze grandfathered status of stapled or paired-share 
     REITs.
       (B) Restrict impermissible businesses indirectly conducted 
     by REITs.
       (C) Modify treatment of closely held REITs.
       (9) Earned income tax compliance provisions.--
       (A) Simplify foster child definition under the earned 
     income credit.
       (B) Modify definition of qualifying child for purposes of 
     the earned income credit where more than one taxpayer 
     satisfies the requirements with respect to the same child.
       (10) Other revenue-increase provisions.--

[[Page H4178]]

       (A) Repeal percentage depletion for certain nonfuel 
     minerals mined on Federal and formerly Federal lands.
       (B) Modify depreciation method for tax-exempt use property.
       (C) Impose excise tax on purchase of structured 
     settlements.
       (D) Reinstate Oil Spill Liability Trust Fund excise tax and 
     increase Trust Fund ceiling to $5,000,000,000 (through 
     September 30, 2008).
       (11) Reinstate hazardous substance superfund excise tax and 
     environmental income tax.--
       (A) Reinstate Superfund corporate environmental income tax.
       (B) Reinstate Superfund excise taxes (through September 30, 
     2008).

  The SPEAKER pro tempore. The gentleman from New York (Mr. Solomon) 
and the gentleman from Massachusetts (Mr. Moakley), as the designee for 
the minority leader, each will control 30 minutes.
  The Chair recognizes the gentleman from New York (Mr. Solomon).


                         Parliamentary Inquiry

  Mr. SOLOMON. Mr. Speaker, I have a parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman will state it.
  Mr. SOLOMON. Mr. Speaker, I am introducing the bill but opposing the 
bill. Is there a Member here in favor of the bill to claim the time?
  The SPEAKER pro tempore. Is the gentleman from Massachusetts (Mr. 
Moakley) the designee of the minority leader?
  Mr. MOAKLEY. Mr. Speaker, I am opposed to the bill. In fact, I cannot 
find anybody in the Chamber that is in favor of the bill.
  The SPEAKER pro tempore. The answer to the gentleman's inquiry is no, 
the gentleman need not be in favor of the bill.
  Mr. SOLOMON. Mr. Speaker, that does not show very much support for 
the President of the United States wanting to increase taxes and fees.
  The SPEAKER pro tempore. The unanimous consent request only requires 
that the minority leader or his designee control the time. He does not 
have to be in favor of the bill.
  Mr. SOLOMON. So the Member claiming the time does not have to be in 
favor of the President's tax and fee increases?
  The SPEAKER pro tempore. That is correct.
  Mr. SOLOMON. Mr. Speaker, I yield myself such time as I may consume. 
I know it is only 9:00 in the morning and unusual for us to start this 
early. I know that we were here until the wee hours, I know I was, this 
morning. I just hope Members are listening if they do not have the 
opportunity to come to the floor.
  Mr. Speaker, this is very, very important. In February of this year, 
President Clinton sent the United States Congress his budget for fiscal 
year 1999. In that budget the President proposed to increase spending 
by $150 billion over the next 5 years, including an actual net increase 
of $15 billion, that is 3.9 percent, in fiscal year 1999 alone.
  Mr. Speaker, the President called for, and this is the thing that I 
just could not believe, after we have gone through a bipartisan 
compromise on bringing a balanced budget to this floor last year, the 
President called for 85 new spending programs, in other words, creating 
new programs, including, and this is the part that is so bad, 39 new 
entitlement programs. And we have been trying to turn around this 
myriad of entitlement programs that have been implemented in this 
Congress under Democrat control for the past 40 years.
  These entitlement programs alone add $53 billion to Federal spending 
over the next 5 years in new entitlements. Not only is that for the 
next 5 years but, because they are entitlement programs, they go on 
forever and ever.
  Clearly, Mr. Speaker, the President's declaration that the era of big 
government is over somehow slipped his mind when he presented Congress 
with this latest attempt to reach into the pockets of the American 
people.
  While the President's renewed commitment to big government is 
alarming to America's families and businesses, his renewed affection 
for tax increases, in my opinion, is just intolerable. Just 6 months 
ago, the President proposed $130 billion in new tax increases and user 
fees. From the President and his Democratic friends in Congress who 
passed the largest tax increase, without my vote, in history in 1993, 
$240 billion worth, as a matter of fact, new Democrat tax increases 
should, I guess, come as no surprise.
  When a liberal Democrat has the urge to tax and to spend in his 
blood, not even a blood transfusion or a revolutionary election can 
drain it out of him, I guess. Whenever the liberals need more money for 
a new government idea, they just turn to the pockets of the American 
people and American families to foot the bill.
  Mr. Speaker, today the American people have the opportunity to speak 
out on this return to the good old boy Democrat budgeting philosophy of 
saying no to nobody and yes to everybody, no to nobody and yes to 
everybody. That is how we got ourselves into this unconscionable sea of 
red ink, saddling our children, our grandchildren, with $5.5 trillion 
in debt, even though the Democrat-controlled Congress was reaching 
deeper and deeper and deeper into the pockets of the American people.
  I recall back in the years of Ronald Reagan when we cut taxes and we 
put money back into the pockets of the American people. We actually 
doubled the Federal revenues coming into this Congress. But guess what 
happened? Congress spent every nickel of the amount, double, I think. 
If I recall back then, it was like $600 million and it went up to a 
trillion $100 million, and we managed to not only spend the new money 
coming in but to spend about 2 percent more on top of that.
  Mr. Speaker, for the past few days this House has been debating this 
budget which will govern this Nation's finances for the coming year and 
also set the tone for future years down the road, at least for the next 
4 years. It should be pointed out that the missing participants in this 
debate have been key portions of the President's budget. The 
President's budget is not here. It is not on this floor. It is not 
incorporated into even the Democrat substitute that is going to be on 
the floor later today.
  Mr. Speaker, to highlight the differences in the overall philosophy 
and the overall vision between we Republicans who oppose tax increases 
with all our heart and President Clinton and his liberal Democrats who, 
every 5 minutes, it seems, try to sneak in another tax, try to reach 
deeper and deeper into the pockets of the American people, today, and 
that is why it is unusual for this Member of Congress, who has never 
voted for a tax increase and who has never, certainly, sponsored a bill 
with a tax increase, it is why I bring to the floor today President 
Clinton's $130 billion of tax increases and user fees back into this 
debate, because that needs to be here to show the differences between 
our two parties.
  The bill before us this morning, the Clinton Democrat User Fee Act of 
1998, which contains over 100 pages of user fees and tax increases on 
the American people proposed by the President, Members ought to come 
down here and look at this, this is 100 pages of fee increases, 100 
pages.
  Listen to just a brief, I am not going to take the time to read 100 
pages of these proposed fee increases, but listen to just this few of 
some of the 36 discretionary and mandatory user fees worth $25 billion.
  Federal Aviation Administration fees, who do Members think is going 
to pay for that? It is going to be the American people. Bank 
examination fees; patent and trademark fees going to increase the cost 
of every product in America today; National Transportation Safety Board 
fees; farm service fees, going to pile more costs on America's farmers; 
grain inspection fees; administration licensing fees. I cannot figure 
out even what those things are, but all I know is it takes money out of 
the pockets of somebody.
  Animal implant service fees; wetland permit fees. These are all 
increases now that are going to take effect. Fishery management fees; 
Social Security claimant fees. Here we are going to take more money 
from senior citizens. National park interests and concession fees are 
going to skyrocket. Pesticide registration fees, that is not even 
specified so I cannot tell what that really is. And then, worst of all, 
Medicare provider fees.
  Mr. Speaker, the list goes on and on and on and on and on for 100 
pages here.
  If Members listened closely to what I have just been saying, they 
would have seen that the President proposed to increase user fees 
issued by eight different Cabinet departments, that is

[[Page H4179]]

practically all of them out there, and three other major government 
agencies like the EPA and the Social Security Administration.
  There are fee increases on farmers. There are fee increases on 
landowners, on fishermen, on entrepreneurs who are small businessmen 
with great ideas who start a business, and they are the ones that 
create 75 percent of all the new jobs in America every single year, not 
only for displaced Americans who have been caught up in downsizing, but 
it also includes young girls and boys coming out of high school and 
college today.
  There are fees on physicians, on just plain employees, on emergency 
personnel. These are voluntary emergency personnel, people that 
volunteer their time, things that we Americans are noted for. There are 
more fees on banks. And what do you think that does? That is going to 
drive up the cost, again, of doing business with banks.
  On national park users, I have got a series of national parks in my 
district, including the Saratoga National Battlefield, which was the 
turning point of the Revolutionary War.
  Incidentally, while I am just speaking, we have got the Medal of 
Honor, the Congressional Medal of Honor Society convention with about 
100 Medal of Honor recipients coming up to Saratoga Battlefield this 
weekend. We are going to give an award to a great American and his 
wife, and those great Americans are former Senator Bob Dole and his 
wife. I just hope we can get out of here in time for me to catch a 
plane to go up there and enjoy that dinner and see it tonight.
  Mr. Speaker, the last one I did not mention was senior citizens, who 
just get socked with almost every one of these fees.
  User fees are nothing more than a back-door hidden way to raise 
taxes. As a result, taxpayers have less money in their pockets, and the 
government has more money to spend. If Members believe in that, I guess 
they want to come over here and vote for this bill. The American 
people, in my opinion, contribute enough in taxes to the Federal 
Government; and imposing user fees is just another way, again, a back-
door attempt to raise taxes to reach into their pockets.

                              {time}  0915

  What makes President Clinton's user fees especially objectionable? 
All of you, and I know you are all sincere, and you all were trying to 
work for this balanced budget, but what makes it especially 
objectionable is that he uses them as a budgetary gimmick to circumvent 
the intended discipline of the discretionary spending caps that were an 
essential part of the balanced budget agreement last year, that we all 
worked so hard to put together so we could end this further 
accumulation of this sea of red ink. The President had the opportunity 
to reform or terminate thousands of Federal programs. Yet out of a $1.7 
trillion budget, there are practically no cutbacks there at all in his 
budget.
  Without these fees and without these taxes, the President's 
discretionary spending would be $5 billion over the discretionary 
spending caps in fiscal year 1999, and it would be $42 billion over the 
spending caps over the next 5 years. That is probably hard for the 
average American person out there to understand when you start talking 
about spending caps, but it is very, very important because it puts a 
control on this Congress. It does not allow us to go and spend more. 
Now we are just throwing that out the window. This means that the 
President used these user fees as a way to avoid the spending caps 
established in law, and he can do it. In my opinion it is legal 
thievery, but he can do it. Mr. Speaker, this is not according to me. 
This is according to the Congressional Budget Office. Sometime later on 
today when we get back on the budget that we are debating, Members 
ought to get the Congressional Budget Office report and they will 
verify everything that I have just said.
  Mr. Speaker, that is the bad news. Now, if you want to hear the worst 
news, it is the second part of the bill that I just introduced.
  Mr. STARK. Mr. Speaker, will the gentleman yield?
  Mr. SOLOMON. I yield to the gentleman from California.
  Mr. STARK. Mr. Speaker, in the Republican budget, there are still $11 
billion of user fees, flood insurance, homebuyers for FHA, air 
travelers, barge traffic on inland waterways, veterans seeking housing, 
health insurance for civil servants. Would the gentleman join with me 
to remove those user fees that are in the Republican budget? I would 
like to help him.
  Mr. SOLOMON. I sure would. Let us talk about it.
  Now, let us get on to the worst part of the news, because these are 
real taxes. These are real tax increases. Mr. Speaker, for instance, 
this bill before us, which I took from the President's budget, every 
word, I have not added anything to it, so it is actually excerpts from 
the President's budget, contains the 41 different tax increases 
totaling $33 billion that was proposed by the President.
  Let us just look at some of those. Eliminating the dividends received 
for certain stock. What did we do? We just reduced the capital gains 
stock which did more to spur this economy with people that have worked 
all their lives working for Sears Roebuck, a couple with not much 
salary all those years but they had some stock saved over that time. 
Now they can sell that stock, without giving it all to the Federal 
Government. They can keep 80 percent of it now and in some cases 90 
percent and here we are fooling around with this thing again. Defer the 
interest deduction on convertible debt. Change life insurance rules. 
You ought to look at those, ladies and gentlemen. Changes in the estate 
and gift taxes. In other words, stick it to the heirs of the deceased. 
What did we just do? We just rewrote the laws so that people who have 
worked all their lives, like I intend to do, and I want to leave a 
little bit to my five children and my six grandchildren, and now you 
are going to take it back away again? It gets upsetting.
  Reduce the depreciation method for tax-exempt property. What does 
that mean? That means churches, it means Boy Scouts, Girl Scouts, 
philanthropies. Increased taxes on real estate. We have just about 
ruined the real estate market in this country as it is. That hurts 
jobs. The gentleman from Ohio (Mr. Traficant) sitting over there 
represents a blue collar district. We need to do all we can to create 
jobs, especially in the construction and building industries. Here we 
are going to upset that.
  Mr. Speaker, the list just goes on and on and on forever, like I 
said, more than 100 pages. These proposals would have significant 
impacts on real people, real American people. Take, for instance, one 
of these tax increases, the President's proposal to raise taxes on 
financial products which encourage long-term investment and savings. 
That is terrible.
  It is incredible that the President, who is fully aware, he is no 
dummy, he is one of the most astute, smartest Presidents this country 
has ever had, he is a Rhodes scholar or one of those guys over there, 
sometimes they are too smart, but he is fully aware of the impending 
crisis in Social Security, that it would propose to hike taxes on the 
products that the American families and business use to plan their own 
retirements. I see some of you Ways and Means types over here who are 
grappling with that now. Here is one sitting over here. We need to do 
all we can to encourage savings by the American people. Millions of 
American families use these very life insurance products to save for 
their retirement. Surveys show that many moderate-income families use 
private sector retirement products such as annuities to plan for their 
future. This is so important. In fact, many of the owners of annuities 
are women, 55 percent of them are married, and 28 more percent of them 
are widowed. Here we are going to take away their savings? The 
President proposes to increase the tax burden on these same annuities, 
annuities that 85 percent of the owners intend to use as a fundamental 
source of their retirement savings. Why should the government 
discourage these families from saving their money?
  We have to remember that every time an American puts a dollar into 
the bank or puts it into some kind of savings, that creates jobs, 
because it makes more money available for the private sector to be able 
to borrow in competition with all of these governments.

[[Page H4180]]

  The Federal Government. We pay about $270 billion in interest on the 
accumulated Federal debt today. Then when we look at the State 
governments and we look at all the counties, towns, cities and villages 
and their debt, they are all in competition with the private sector. We 
should be doing everything we can to encourage the American people to 
save not only for their retirement but because it stimulates the 
economy.
  Mr. Speaker, there is an old saying around this town, ``Don't tax me, 
don't tax thee, tax that man behind the tree.'' President Clinton's 
budget enhances his legacy of tax increases with $130 billion in new 
user fees on taxes on everybody and everything, including that tree, 
Mr. Speaker.
  Mr. Speaker, with the President's mid-session budget report issued 
just last week reporting that the tax burden as a percentage of the 
economy will reach an historic peacetime high of 20.5 percent and 
remain above 20 percent for as far as the eye can see, this House 
should resoundingly vote down President Clinton's tax increases right 
now, today, and shed the light on this President who cannot seem to 
take enough of Americans' hard-earned money.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MOAKLEY. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. MOAKLEY asked and was given permission to revise and extend his 
remarks.)
  Mr. MOAKLEY. Mr. Speaker, I really think that some of my Republican 
colleagues are very embarrassed because of the sham bill that is coming 
to the floor. The person who brought it to the floor readily admitted 
to everybody he is opposed to it. I am opposed to it. The President is 
opposed to it. So what is it doing here? It is just another way to try 
to embarrass the President.
  Yesterday my colleague from New York introduced this bill which 
includes an assortment of revenue raisers, but it omits the programs 
from the President's budget. Under normal circumstances, Mr. Speaker, 
this bill would have been referred to six different committees for the 
consideration and, after research and hearings, possibly brought to the 
House floor for a vote.
  But, Mr. Speaker, that did not happen on this bill. That did not 
happen because the gentleman from New York (Mr. Solomon) really does 
not want this bill to pass, and neither do I. In fact, my Republican 
colleagues want this half-a-bill to lose, and lose badly. Why? In order 
to deflect attention away from their heartless budget cuts.
  My Republican colleagues are so embarrassed by their own budget that 
they needed to create an even worse one to hide behind for the evening 
news. My Republican colleagues do not want to stand behind their budget 
cuts because, and we have heard the litany of cuts, of the increases 
that the gentleman from New York (Mr. Solomon) talked about, their 
budget cuts Medicaid, their budget cuts their very own welfare-to-work 
program, their budget cuts Head Start, their budget cuts veterans' 
health care once again, and it cuts Superfund cleanups, it cuts 
children's health care and it cuts school lunches.
  We do not talk about that. We just talk about what the President 
talked about but did not bring to the floor.
  Mr. Speaker, these are very serious cuts. These are very serious cuts 
in the programs that the people of the United States of America really 
want. I can understand why my Republican colleagues are embarrassed by 
their budget, but today's bill is irresponsibility at its highest.
  I would like to make something perfectly clear. President Clinton 
does not want this bill. In fact, this bill is such a perversion that 
President Clinton opposes this bill and quite truthfully, I would tell 
him to veto it if it were to pass.
  I have just received a letter from the acting director of the Office 
of Management and Budget. The last paragraph, it says, ``H.R. 3989,'' 
that is the bill we are talking about, ``does not reflect the policies 
of the President's budget, and the Administration opposes its 
enactment. We regret that diversionary measures such as this one are 
being presented for consideration at a time when so much more important 
work remains for the Congress to complete.'' Signed Jack Lew, acting 
director, Office of Management and Budget.
  Mr. Speaker, my Republican colleagues are so opposed to revenue 
raises, I wonder how they will bring themselves to support the 
Republican budget which itself contains $10 billion in user fees. That 
is right, Mr. Speaker, the Kasich budget imposes $10 billion in user 
fees on the same American people that the gentleman from New York is so 
concerned about.
  In fact, Mr. Speaker, any budget that meets the requirements of last 
year's balanced budget agreement must contain provisions to pay for 
each program expansion.
  Mr. Speaker, this bill is ridiculous. It is a sham. When the other 
side is talking about we have only got so much time to go, why do they 
bring these things to the floor? For one reason, to try to embarrass 
the President. This is a political action at its very best. It is being 
introduced to divert attention away from the Republican budget, not to 
be passed into law.
  I for one give the American people a lot more credit than that. I 
urge my colleagues to give them more respect. I urge my colleagues to 
vote against this mockery of a bill, and I am sure the American people 
will see the diversion for what it really is, pure politics.

         Executive Office of the President, Office of Management 
           and Budget,
                                     Washington, DC, June 5, 1998.
     Hon. Joe Moakley,
     House of Representatives,
     Washington, DC.
       Dear Representative Moakley: Thank you for requesting the 
     Administration's views on H.R. 3989, The User Fee Act of 
     1998. The President is serious about his commitment to fiscal 
     discipline, and he has proven his commitment by reducing the 
     deficit from $290 billion in 1992 to the first surplus in 29 
     years. Many Members of Congress have also shown their 
     commitment to fiscal discipline by voting to approve 
     comprehensive deficit reduction bills in 1993 and 1997.
       H.R. 3989, however, does not represent serious fiscal 
     discipline. It is instead a cynical diversion from the 
     substantive debate about important budget issues, including 
     the merits of user fees. The Administration's user fee 
     proposal is based on the idea that user fees bring good 
     business practices to the Federal Government by ensuring that 
     the beneficiaries of Government services--not the general 
     taxpayer--pay for them. H.R. 3989 in many cases breaks this 
     link by raising fees without regard to resources for related 
     services.
       H.R. 3989 does not reflect the policies in the President's 
     budget, and the Administration opposes its enactment. We 
     regret that diversionary measures such as this one are being 
     presented for consideration at a time when so much important 
     work remains for the Congress to complete.
           Sincerely,
                                                     Jacob J. Lew,
                                                  Acting Director.

  Mr. Speaker, I yield 5 minutes to the gentleman from California (Mr. 
Stark).
  Mr. STARK. Mr. Speaker, I thank the distinguished ranking member for 
yielding me this time.
  Mr. Speaker, the Republicans this morning are doing a rather silly 
exercise, I think. It is duplicitous, I guess, in its best light. They 
are trying to take out the user fees and revenue raisers for a separate 
vote, all except those which they have originated and left in. In other 
words, they are being selective. They will harm children, health care 
for the frail elderly, food for the poor. Their own user fees will pay 
for flood insurance and some homebuyers and air travelers, health 
insurance for civil servants. But not health insurance for people on 
Medicare, not health insurance for the poor, not health insurance for 
children.
  It is the same duplicitousness that we heard yesterday, the right-
wing religious wackos who were talking about praying. Many of them made 
a claim to be Christians. What kind of a Christian would harm small 
children? What kind of a Christian would deny health care to the 
indigent? What kind of a Christian would deny housing to the poor? I do 
not know if that is ever mentioned.
  For the people on the Republican side whose plan is to destroy 
programs for the poor and to build their budget on the backs of the 
poor and then try to convince the American people they are Christians 
is a lie, it is duplicitous, and it is wrong.

[[Page H4181]]

                              {time}  0930

  So as it is this morning, we are wasting our time and the public's 
time with political posturing for a bankrupt program. Why are we not 
spending the time this morning to talk about managed care reform? Why 
not the Norwood bill which 90 Republicans have joined which would give 
the American public what they want, and that is protection from the 
unscrupulous insurance companies who are making huge profits by denying 
managed care to the people paying for it?
  Where are the Republicans when it comes to protecting what 80 or 90 
percent of the American people want? They are hiding. They are scared. 
They do not know what to do. They cannot organize to get the kinds of 
programs that we need.
  What about early buying at no cost to the government for those 
seniors who retire early and will be without Medicare or without health 
insurance? Why are the Republicans not bringing that part of the 
President's program to the floor so we can vote on it? Because they do 
not dare. Because they know that the American public wants programs 
that will win.
  Tobacco legislation; why are the Republicans burying tobacco 
legislation while we prattle about this silly bill which nobody wants? 
This is to distract the people from the fact that the Republican cuts 
in their own budget are so severe that program after program will be 
destroyed.
  The Speaker's desire to see Medicare wither on the vine is being 
helped by this plan to destroy all assistance to the people who, 
through no reason of their own, need assistance for a job, for housing, 
to feed their children. Those will be dismantled, as the Republicans 
would like to do.
  The Kasich budget does not provide the money to fight fraud and 
abuse. There is about $20 billion in improper payments under the 
Medicare program. Instead of providing us the funds to monitor that and 
save them money and cut those bills; 265 million is what it would take 
for the Medicare program to be able to save a good portion of that 20 
billion; instead of cutting the error rate, we are cutting the budgets 
to the law enforcement people who could save that money.
  This Republican budget is pro-fraud. It is on the side of the 
criminals. That is who the Republicans are coddling with this. Quality 
will suffer. Nursing homes will go uninspected. So that those of us who 
are retiring and may want to go to New York or California and seek 
succor in a nursing home may find them dirty and poorly managed and of 
low quality because the Republicans are cutting the budget for the 
people who inspect those and ensure that our parents and our retiring 
colleagues who will need care in their senior years will not get it.
  The bills will be paid slower. Medicare beneficiaries will be unable 
to get questions answered about the new proposals the Republicans are 
sending out in the mail.
  So that as we see a small amount of money being denied as a way to 
obfuscate the bankruptcy of the Republican budget, the problems of this 
country increase, and the leadership on the Republican side continues 
to do nothing about it.


                         Parliamentary Inquiry

  Mr. SOLOMON. Parliamentary inquiry, Mr. Speaker.
  The SPEAKER pro tempore (Mr. Hefley). What is the gentleman's 
inquiry?
  Mr. SOLOMON. Mr. Speaker, in my opening remarks about President 
Clinton I tried to not be disparaging, and I just want to inquire is it 
appropriate in this House for a Member to accuse other Members, even 
without mentioning a name, of being religious wackos?
  I am looking at a list of Democrats who are good, sincere Democrats 
that voted for that bill and participated in the debate and there are 
names like: Baesler, Barcia, Berry, Bishop, Clement, Condit, Cramer, 
and it goes on and on and on, and I just do not think that is 
appropriate or proper, and I hope we can get this debate on a little 
higher plain.
  Is that appropriate or not?
  The SPEAKER pro tempore. Members should avoid personalities in debate 
directed against other Members.
  Mr. MOAKLEY. Mr. Speaker, I yield 10 seconds to the gentleman from 
California (Mr. Stark).
  Mr. STARK. Mr. Speaker, I am sure that if any wacko in the House 
would like to raise to a point of personal privilege that the Speaker 
would be glad to recognize him for that purpose.
  Mr. MOAKLEY. Mr. Speaker, I yield 3 minutes to the gentleman from 
Ohio (Mr. Traficant).
  (Mr. TRAFICANT asked and was given permission to revise and extend 
his remarks.)
  Mr. TRAFICANT. Mr. Speaker, I think we should take ourselves out of 
the fish bowl and think like everyone else. We talk about user fees, 
service fees, excise taxes, sales taxes, income taxes, estate taxes, 
capital gains taxes, property taxes, marriage taxes, school taxes, fuel 
taxes, aviation taxes, old taxes, new taxes, surtaxes and retroactive 
taxes, so it is no wonder the American people are, in fact, taxed off. 
How many ways can we tax our country, Congress?
  Let us look at the local level, how screwed up this whole situation 
is:
  If someone fixes up their home, they pay more taxes. If they let it 
go to hell, they get a tax break.
  Now let us look at the Federal level:
  If someone is single, divorced or they abandon their kids, they get a 
tax break. If they are married and live responsibly, they pay $1,400 a 
year more and get hit over the head for being a good citizen.
  As my colleagues know, this is unbelievable to me.
  Now, to make it even worse, the American people are looking back and 
reading the headlines today and saying, ``With our money Uncle Sam now 
wants to give more MFN to China and another $10 billion, an additional 
$10 billion in foreign aid to Russia even though the Russian top 
financial officer says they stole the last American aid.
  Beam me up here. I think it is time to make a common-sense statement 
to the Congress and the people of the country.
  An America that rewards even Communists at the expense of mom and dad 
is an America that may seem to some to be politically correct but, to 
me, I submit is downright stupid.
  Now I am not voting for anybody's budget. There are more taxes in 
both budgets than I am for.
  I think it is time to dramatize this. I want to see some reasonable 
trade policy in the country. I want to see a budget that starts 
rewarding good citizens and stops penalizing achievement.
  Mr. Speaker, I think we are all screwed up. So I am opposing the 
Republican budget. I am opposing the Democrat budget. And in God's name 
I am asking when will we get a common-sense budget that the American 
people could all identify with, know where the money goes, why it is 
going and has a trail that we could monitor and audit?
  I think it is very simple, so I am going to support this. I am 
against the taxes in the President's budget, but I am also going to 
oppose the taxes and user fees in the Republican budget.
  With that, I yield back any common sense left in Congress.
  Mr. MOAKLEY. Mr. Speaker, I yield 7 minutes to the gentleman from New 
York (Mr. Rangel), the ranking minority member of the Committee on Ways 
and Means.
  (Mr. RANGEL asked and was given permission to revise and extend his 
remarks.)
  Mr. RANGEL. Mr. Speaker, all of us are going to miss my friend from 
New York and the chairman of the Committee on Rules. He is leaving this 
august body with his charm and his wisdom; certainly he is going to 
leave a vacuum. But I hope he does not put out the legislative lights 
before he leaves because since we have had a Republican majority the 
rules of the game as to how we legislate have dramatically changed.
  I can understand why the gentleman from New York (Mr. Solomon) keeps 
yielding to the Democrats: Because hardly any Republican is willing to 
stand up to defend this thing that has come out of the Committee on 
Rules.
  But I would like to say this, that there used to be a time in the 
olden, Democratic days where we had standing committees with chairmen 
and we had senior Republicans. We used to have something, and I forgot 
the name of it, but I think it was hearings? Yes, hearings. And we used 
to have witnesses and experts, and they used to testify.
  And then along came the gentleman from Georgia (Mr. Gingrich) and he

[[Page H4182]]

says, ``You don't need that. You only need one committee, the Committee 
on Rules. As a matter of fact, we don't need that. All you have to do 
is have a meeting in the Speaker's office, go upstairs in the middle of 
the night, find the most complex tax matters that you want, and forget 
the eight committees that have jurisdiction because, after all, no 
committees are meeting unless it is to attack the President of the 
United States. And then have the chairman of the committee introduce a 
bill in the middle of the night on a Wednesday and make certain that it 
comes on the floor when nobody is going to be awake in order to do 
it.''
  The only way that they can do this thing, the only way, the new 
Republican legislative way, they can do this thing is, first, get a 
budget, and the budget has to make certain that the first thing to do 
is get a great tax cut for the wealthy people of the United States. 
Once that is done, then the rest of it is easy.
  What is the rest of it? The rest of it is that we will take $101 
billion from the committees of jurisdiction. We will not tell them 
where its coming from. We will let them have the blood on the floor. 
But we will say, we will say that it should come from health, it should 
come from education. And, for God's sake, make certain that we do not 
miss the American veterans. Hit them, and if we miss them, make certain 
we hit them twice.
  Now the gentleman from New York (Mr. Solomon) has indicated, what a 
modest man, that the tax laws are complicated. Well, it does not take a 
profile in courage to come to the floor and say that. As a matter of 
fact, here is the gentleman from New York's list of complicated tax 
laws. Did he ask the experts in tax laws on the Republican side to take 
a look at this?
  Oh, my chairman is not here, Mr. Archer.
  Are there any senior Republicans on the Joint Committee on Taxation?
  Yes, they are talking.
  There are two of them there. There are two Members.
  Are we going to have hearings on this, Mr. Solomon?
  Oh, no, this will not go to hearings.
  Why?
  It is too complex for the Joint Committee on Taxation to have 
hearings on it.
  The wisdom in legislation is confined now to two areas; one to 
Speaker, and, God knows, any chairman knows that: Do not have hearings 
on anything that the Speaker does not want to have hearings on. And the 
second thing is the Committee on Rules.
  I really believe that the gentleman from New York (Mr. Solomon) was 
not selected just because of his good looks and his wisdom but because 
of his name. The wisdom of Solomon shall prevail on the budget and on 
the taxes, and he will tell us estate taxes, real estate taxes, 
financial property, Social Security, woe, woe, woe, this heavy tax 
system. He figured it all out, my brothers and sisters, my Democrats 
and Republicans:
  Go home, worry not. There is no legislation, there is no hearings, 
but, God knows, the Social Security of the United States, that, too, 
shall rest in the wisdom of Solomon on the Committee on Rules after 
this is over.
  Mr. SOLOMON. Mr. Speaker, will the gentleman, my best friend, yield?
  Mr. RANGEL. I yield to the gentleman from New York.
  Mr. SOLOMON. Mr. Speaker, first of all, this bill, everything in it 
was before the gentleman's committee. He held hearings on it. He 
personally spoke on it. I have read his remarks.
  Secondly, this did not come out of the Committee on Rules. Now wait a 
minute now. This came directly to the floor under unanimous consent 
agreed to by the gentleman from New York's minority leadership.
  Mr. RANGEL. Mr. Speaker, I thank the gentleman from New York (Mr. 
Solomon) because, if this did not come out of the Committee on Rules, 
what in God's name are we doing here in the first place?
  Mr. MOAKLEY. Mr. Speaker, will the gentleman yield?
  Mr. RANGEL. I yield to the gentleman from Massachusetts.
  Mr. MOAKLEY. Mr. Speaker, the reason we did not go to the Committee 
on Rules is because we knew it was just a dilatory tactic, and we did 
not want to waste another hour on the rule so I gave the gentleman 
unanimous consent.
  Mr. RANGEL. And so now we have really reached the epic in legislation 
without Members.
  I made a mistake. I really thought it was just the Speaker and the 
Committee on Rules. It is just the Speaker and the Speaker, as a matter 
of fact. All that must be done is to tell the gentleman from New York 
(Mr. Solomon) ``For God's sake don't let the members of the Committee 
on Rules see this. Just come to the floor. Put your name on it. They'll 
think it was a legitimate process, and we'll have some debate.''
  Oh, no. Listen. First of all, we all know this: that these are 
recommendations made by the President of the United States.

                              {time}  0945

  In the olden days, it was the Committee on Ways and Means that would 
really legislate and bring it to the floor because of the Constitution, 
which says that all revenue raisers would emanate from the House of 
Representatives, and not the Speaker's office and not the office of the 
gentleman from New York (Mr. Solomon).
  Second, it does not surprise me that this is the way they would like 
to deal with the President's budget as it relates to paying for 
services because, God knows, we will never have hearings in talking 
about what is in the President's budget.
  But I understand it all. They are in the majority, and the further 
away they can get from substantive legislation, the better they can 
enjoy the comfort that the President's budget and the surpluses have 
brought to us.
  I am so glad to see that the distinguished chairman of the Committee 
on Ways and Means, the man who possesses more knowledge on taxes than 
any Member in the House, has come to the floor, and I hope he is 
yielded to to explain this tax plan.
  Mr. SOLOMON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I just cannot believe what I just heard, because the 
gentleman would indicate that this Congress never held hearings on the 
President's budget. I think we held numerous hearings.
  Mr. Speaker, I yield 4\1/2\ minutes to the gentleman from Texas (Mr. 
Archer), one of the finest, most-respected Members of this body, the 
chairman of the Committee on Ways and Means, to maybe enlighten us on 
this.
  Mr. ARCHER. Mr. Speaker, I thank the gentleman for yielding me this 
time.
  Mr. Speaker, I remember over the years when we were in the minority 
and we had a Republican President in the White House, the Democrat 
leadership over and over again brought the Republican budget to the 
floor so we could have a chance to vote on it. Now I see that the 
leadership on the other side of the aisle does not seem to want us to 
have an opportunity to vote on the President's proposals, which we are 
going to give the House an opportunity to do today.
  Mr. MOAKLEY. Mr. Speaker, will the gentleman yield?
  Mr. ARCHER. I yield to the gentleman from Massachusetts.
  Mr. MOAKLEY. Mr. Speaker, the chairman is exactly right. We did. But 
he is not bringing the President's budget to floor, he is only bringing 
one piece of it. He is bringing the user fees, not the programs. This 
is not a fair presentation of the President's budget.
  Mr. ARCHER. Mr. Speaker, reclaiming my time, I would say to the 
gentleman that this could well be the first step, but it is an 
important first step because no additional spending can occur unless 
these taxes and fees are approved.
  Today the House of Representatives has a chance to stand with the 
taxpayers who want lower taxes, or with the Washington politicians who 
want higher taxes. It seems to me our choice is simple. The budget that 
President Clinton submitted to the Congress is a died-in-the-wool, 
regular old-fashioned, tried-and-true, liberal tax-and-spend scheme.
  Today we will be able to vote on 77 of the President's proposed tax 
hikes and user fees. In total, they raise taxes and fees by more than 
$51 billion. Think about it, $51 billion. If one believes in big 
government and providing the means to make the government bigger, then 
I would say Members should vote for this bill and vote for the 
President's plan. If one believes in more

[[Page H4183]]

spending, then vote today for this and vote for the President's plan.
  But if one is like I am, and believes that the government is too big 
and spends too much, then join me in opposing the unnecessary 
presidential tax hikes. His budget raises taxes on people who are 
trying to save, especially women and widows who depend on life 
insurance policies to make ends meet. It penalizes small businesses 
that are struggling to get by, and it punishes companies that create 
jobs. It works against our ability to compete overseas in the global 
marketplace, which is an absolute essential to improving the standard 
of living of the American workers.
  In an era of surpluses as far as we can see, why on earth is 
President Clinton proposing all these tax hikes? It is because the 
President still believes that a big government that spends more and 
does more is the best answer to the people's problems.
  I remember the comments of Thomas Jefferson when he was in Paris 
during the writing of the Constitution, and he wrote to his friend, 
Madison, and he said, ``Europeans are bred to desire a government that 
is energetic, that can be felt. Godsend that our Nation never have a 
government it can feel.'' But apparently the President wants more 
government that the people can feel.
  I stand with Thomas Jefferson. President Clinton obviously believes 
that a big government that spends more and does more is the best answer 
to people's problems, a government that is energetic, a government the 
people can feel. Not so Thomas Jefferson, and not so I.
  Mr. Speaker, I would say to my friends, if ever there was a reason 
for the Congress to be a different party than the President, this is 
it. If we are not here to stop the President from raising taxes again, 
who will be? We need to stop President Clinton before he taxes again. 
Join with me. Show you are on the side of overtaxed workers of America 
and vote ``no'' on Clinton's tax hikes.
  Mr. MOAKLEY. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman 
from Oregon (Mr. DeFazio).
  Mr. DeFAZIO. Mr. Speaker, I am a bit puzzled by this debate. If I 
listened correctly to the other side, they are saying that all of the 
fees in this resolution are unwarranted.
  Now, I guess I would be puzzled that they are saying that with regard 
to bank examination fees. Are they saying that the depositors who are 
getting miserable rates of interest and paying exorbitant credit card 
fees to the bank should also pay for the Federal regulation of the 
banks, or are they saying there should be no Federal regulation of the 
banks, like we tried with the savings and loan industry during the 
Reagan era?
  There is a fee for the registration of pesticides. Are they saying 
that the American people, average taxpayers, should pay for the 
evaluation of and the registration of the safety of pesticides, or are 
they saying we should have a pesticide industry that is totally 
unregulated by the Federal Government, creating and applying whatever 
it wants, wherever it wants, however it wants, and putting it in our 
water supply?
  I do not believe even the Republicans want to repeal those fees, nor 
do they believe average working Americans should pay fees for the 
profits of the pesticide industry or should pay fees for the profits of 
the banking industry.
  But even beyond that, I am extraordinarily puzzled by the inclusion 
of one of the most onerous fees to come out of Congress and the 
administration, in my opinion, in the last five years, and that is the 
fee for those of us who live in the West. Any time we want to drive on, 
park on, or recreate in our federally owned forests and BLM lands, we 
have to pay a fee.
  Now, the gentleman from New York is always fond of calling us to our 
consistency and talking about our past votes. I would like to know how 
the gentleman from New York voted on the two bills that created this 
fee, both passed by a Republican majority.
  H.R. 3019, the balanced budget down payment act, April 25, 1996, I 
believe the gentleman voted for it, although he would say perhaps he 
opposed that part. And I believe again the gentleman in all probability 
voted for H.R. 3610, the Interior appropriations conference report, 
which I opposed.
  Both of those bills created this onerous fee. They came from the 
proposal of the honorable gentleman from Ohio (Mr. Regula) in this 
House of Representatives. This is an incredibly onerous fee on the 
people of the western United States, created by a Republican Congress, 
passed by a Republican Congress, never having been authorized by the 
committee on which I sit. That is an outrageous fee. So let us have 
some consistency around here.

  Mr. SOLOMON. Mr. Speaker, I yield myself such time as I may consume 
to just say to the previous speaker, boy, do I agree with him. We are 
going to defeat this bill that has got that fee in there.
  Mr. Speaker, I yield 3 minutes to the very distinguished Member from 
Arizona (Mr. Hayworth).
  Mr. HAYWORTH. Mr. Speaker, I thank the distinguished chairman of the 
Committee on Rules for yielding me time, and I welcome the remarks of 
my friend from Oregon, to the extent that he stands opposed to user 
fees in the parks. I very much appreciate that. Knowing his reputation 
for more and more spending and more and more government control, I am 
very grateful that he joins with me and others to share that concern 
about fees.
  Now, it is very interesting that we take a look at this.
  Mr. DeFAZIO. Mr. Speaker, will the gentleman yield on that 
mischaracterization of my record? The gentleman will not yield?


                         Parliamentary Inquiry

  Mr. HAYWORTH. Mr. Speaker, I have a parliamentary inquiry.
  The SPEAKER pro tempore (Mr. Hefley). The gentleman will state it.
  Mr. HAYWORTH. Mr. Speaker, is it proper for a Member to come to the 
well while one Member is addressing the House? He could also ask from 
back there.
  The SPEAKER pro tempore. The gentleman from Arizona may decline to 
yield.
  Mr. HAYWORTH. I thank the Speaker. We will try to restore some order.
  Mr. Speaker, perhaps the reason why we see such vociferous protests 
is because, even in good conscience, my friends on the left cannot 
abide the fear and smear they are offering this morning.
  Now, some of my friends on the left wonder aloud, why this is brought 
to the floor? Let me attempt to inform them. You see, friends, and Mr. 
Speaker, it is because words mean something. When the President of the 
United States came and spoke from the podium behind me here, he offered 
a budgetary plan that really, in terms of oratory, was a wonderfully 
crafted speech with all the poll data and all of the driven rhetorical 
phrases to offer empathy and concern for the American people.
  But, you see, we are compelled to go beyond words to check the costs. 
And in the words of the chairman of the Committee on Appropriations, my 
friend from Louisiana, our President promised everything but stronger 
shoelaces in that State of the Union message. So if he is going to 
promise, he has got to follow through with a price tag.
  Now my dear friend, the ranking member of the committee on which I 
sit, the Committee on Ways and Means, lamented what he claimed was an 
absence of hearings. I would direct his attention to an important date, 
not only in the Hayworth household, but also in this august body, 
February 25; not only our wedding anniversary at home, but the day we 
invited the administration in to defend the budget plan of the 
President.
  I recall distinctly the fact that many of our colleagues on the left 
joined with us. Indeed our colleagues on the left, Mr. Speaker, were 
most vociferous in objecting to the revenue raisers that would have to 
come with the President's budget. So I would remind my friend of 
February 25.
  It is just very interesting to take a look at the reality of what the 
President offered, almost $52 billion in new taxes.
  Mr. MOAKLEY. Mr. Speaker I yield one minute to the gentleman from 
Texas (Mr. Bentsen).
  (Mr. BENTSEN asked and was given permission to revise and extend his 
remarks.)
  Mr. BENTSEN. Mr. Speaker, about eight hours ago in the middle of the 
night we debated the Republican budget resolution when nobody was 
around.

[[Page H4184]]

 I think people in Hawaii watched it, but every place else Americans 
were probably sleeping. The reason we debated it then is because they 
do not want to get up and defend it. They do not want to defend the $10 
billion in user fees.
  In my district they want to double insurance premiums on middle class 
homeowners, just like they wanted to in 1995 and 1996. They want to 
raise the user fees for the intercostal waterway, where working men and 
women move barges and product along the Gulf Coast, by 500 percent. 
That is a pretty big increase.
  What is going on here? The process is broken. The Republican 
leadership in the House has failed in the budget. It is two months 
after we were supposed to have come up with a budget. We have ceded the 
process to the Committee on Transportation and Infrastructure. The 
gentleman who just spoke in the well speaks about big budget Democrats.

                              {time}  1000

  They were rushing to vote to spend $22 billion over the balanced 
budget agreement and take out of the pockets of the veterans 2 weeks 
ago. The process is broken. The Republican leadership has failed the 
House once again.
  Mr. SOLOMON. Mr. Speaker, I yield 30 seconds to the very 
distinguished gentleman from Michigan (Mr. Smith).
  Mr. SMITH of Michigan. Mr. Speaker, very briefly, this debate is 
important, because the White House spins the President's budget as a 
glorious solution of how government can solve problems by spending 
money. Nobody has talked about where the money comes from. That is the 
purpose of this debate and vote. Everything in this bill is the 
President's budget proposal for tax and fee increases.
  I think it is important that we look at where the money comes from 
because it comes out of the pockets of working families in this 
country. In the President's budget, it takes $129 billion out of those 
pockets.
  I thank the gentleman for yielding to me.
  Mr. MOAKLEY. Mr. Speaker, I yield 1\1/4\ minutes to the gentleman 
from Florida (Mr. Boyd).
  (Mr. BOYD asked and was given permission to revise and extend his 
remarks.)
  Mr. BOYD. Mr. Speaker, I guess I just have not been here long enough 
to be callous to this sort of shenanigans that is going on this 
morning. But I have to say that I was shocked when I turned on the 
television and saw that my Committee on Rules chairman, yes, my 
Committee on Rules chairman, because he is the Committee on Rules 
chairman of the United States House of Representatives, was bringing to 
the floor a bill under his name that nobody would vote for, including 
myself.
  With leadership comes a certain amount of responsibility, and I do 
not understand why, last night, we debated after midnight a piece of 
legislation, a budget resolution brought to this floor that did not 
include the highway spending bill that we passed just 2 weeks ago. Now 
we have to find additional cuts.
  Mr. Speaker, also, we were not allowed to work on the Blue Dog 
budget. I am a Blue Dog, and I vote with the Republican majority on 
many occasions when I think they are right. But absolutely they are 
wrong on this case. They did not allow a reasonable Blue Dog budget to 
be brought to the floor of this House, but today we are bringing this 
piece of legislation, and I think it is wrong.
  I wish my friend, the gentleman from New York (Mr. Solomon), who was 
born and raised in Florida, well in his retirement; and I know he has a 
very, very tough job running the floor of this House. I happened to 
chair the Rules committee in the Florida House, and I think he has 
failed on this account.
  Mr. MOAKLEY. Mr. Speaker, I yield 1 minute to the gentleman from 
Michigan (Mr. Levin).
  Mr. LEVIN. Mr. Speaker, we are supposed to be talking about the 
budget this morning. The Republicans are afraid to bring it up and talk 
about it. They ran into a problem. They were taking $10 billion from 
Medicare. That was not working. They were afraid, so, instead, they 
decided to take it out of Function 600 and aim it at welfare reform. 
They were frantic. So they stabbed in the dark, grabbed for Function 
600, but what they have done is to stab in the back welfare reform.
  The National Conference of State Legislatures says this: This budget, 
the Republican budget abrogates an agreement reached between State 
Legislators, governors, and Congress in 1996 regarding welfare reform.
  The National Governors Association, Governors Carper, Engler, Miller, 
Beasley, Chiles, Leavitt, O'Bannon, Romer, Ridge and Thompson say this 
about it: We urge you in the strongest terms possible to uphold the 
historic welfare agreement reached in 1996 and reject any cuts in TANF, 
Medicaid, or other welfare-related program as part of the budget 
resolution.
  Mr. MOAKLEY. Mr. Speaker, I yield the remaining time, which I believe 
is 4\1/4\ minutes, to the gentleman from California (Mr. Miller), my 
final speaker.
  (Mr. MILLER of California asked and was given permission to revise 
and extend his remarks.)
  Mr. MILLER of California. Mr. Speaker, it is very clear what is going 
on here this morning. The Republican budget process has failed. They 
cannot reach agreement among themselves, and they have now been forced 
to cut tens of billions of dollars out of programs serving the most 
vulnerable people in the United States.
  They have chosen in their budget to protect every special interest in 
the country. They have chosen to protect the chemical companies, the 
drug companies, the western irrigator water users, the grazers, the oil 
companies, the timber companies, and the mining companies.
  The President thought it might be a better idea that the mining 
companies in this country pay the American people something, something 
for the use of their lands. They chose, rather, to cut nutrition 
programs.
  The President thought it made sense that the big timber companies 
that cost the taxpayers millions of dollars to take the timber off of 
the public lands pay a little something. They chose, rather, to cut 
Medicaid.
  The President thought it made sense that the oil companies that have 
been underpaying the taxpayers billions of dollars and admitting to it 
every day in court, he thought we ought to recover some of that money 
for the taxpayers. They chose instead to go after Medicaid. They chose 
instead to go after child nutrition. They chose instead to go after 
Title I. That is what is going on here, ladies and gentlemen. They have 
decided to protect the special interests.
  The President thought maybe the concessionaires that have made 
millions of dollars running the concessions in the national parks ought 
to pay the taxpayers some fair rent for that right. The Republicans 
have chosen not to do that. They have chosen not to do that. They have 
chosen, instead, to cut education programs. They have chosen, instead, 
to cut veterans programs.
  That is what their budget is. This is an effort to camouflage the 
vote that they will have to take later today on their budget that cuts 
billions of dollars, billions of dollars to the most vulnerable people 
in this country.
  This is not about fees. This is not about the President's budget. 
This is about trying to get some cover for the Republicans who they 
have broken the arms to vote for a budget that is essentially bankrupt, 
a budget where they refuse to put in hard numbers, a budget where they 
change it in the middle of the night, a budget that is debated here at 
midnight, covered up by a bill that was never sent to the committee, 
never sent to the Committee on Rules, and was decided late last night 
to be brought to this floor.
  Why have they done that? Why have they done that? Because, in their 
budget, they continue to protect the users of the FDA, the drug 
companies, and the chemical companies, the mining companies, people who 
are taking billions of dollars away from the taxpayers of this country, 
off resources owned by you, the American people. They pay no rents for 
billions of dollars in gold, billions of dollars in platinum, billions 
of dollars in silver.
  The President thought maybe, just maybe, we ought to run the 
government like a business, and we are entitled to some rent. But the 
Republicans have chosen, instead, to say, why do we not go after 
Chapter 1, trying to help disadvantaged kids?
  Republicans have said, instead, why do we not go after the income 
security

[[Page H4185]]

in this country and have ways and means? Where are they going to take 
it out of? Unemployment, Medicaid, Social Security. We will leave it up 
to the Committee on Ways and Means.
  This is about choices. This is about choices to be made.
  Later today, the Republicans will have the glory of not only voting 
for the user fees in this bill but voting for all of their cuts also on 
the vulnerable populations in this country.
  This bill ought to be rejected. It is a sham. It is a cheap attempt 
to camouflage, because the Republicans know they have a very difficult 
vote coming up this afternoon for their Members. They have been meeting 
around the clock trying to get enough people together so they could 
pass their budget. Maybe they have achieved that. Maybe that is why we 
are on the floor.
  But what they do know, they need some diversion so Members can go 
home and say that somehow they engaged in some great scheme to protect 
the American people from fees.
  These fees are about fees on special interests and people who are 
extracting wealth from the resources owned by the taxpayers. The fees 
on the Forest Service were put there by the Republicans last year when 
they decided every Tom, Dick, and Harry who wants to go out with his 
family and use the forest is going to have to pay, but not the timber 
companies. They have chosen the special interests.
  The President chose to try to protect the people and make sure that 
those people who are using America's resources should pay something for 
that.
  Mr. SOLOMON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, the question was raised by a number of the Committee on 
Ways and Means Members, the gentleman from New York (Mr. Rangel) and 
the gentleman from California (Mr. Stark) and others, about why did we 
bring this bill to the floor.
  We bring it to the floor for two reasons. One is that the President 
of the United States, no matter who he is, cannot bring a budget or any 
portion of it to the floor of this House. It has to be brought by a 
Member of Congress representing a committee, and the Democrats have 
failed to do that.
  We are attempting to show the difference between we Republicans, who 
are absolutely, with every fiber in our body, opposed to raising taxes 
and taking more money out of the pockets of the people, and as opposed 
to the Democrat view, as represented by President Clinton with more and 
more and more taxes and fees. That is exactly what this bill does.
  The President is proposing $130 billion in new taxes, not to mention 
$150 billion in new spending. By focusing this debate on this issue 
this morning before we go to final passage, it is going to show the 
difference in division of our two parties. That is obvious to the 
American people.
  I know that there is going to be a motion to recommit, and we will 
just have to wait and see what that is. But I would just hope that we 
would defeat the motion to recommit at the appropriate time and then 
defeat this bill.
  Let us send a resounding message to the President that the American 
people, as represented by this Congress, overwhelmingly oppose tax 
increases and fee increases.
  Mr. BLUMENAUER. Mr. Speaker, I am increasingly disappointed that 
Members of the House are presented on an ongoing basis with false 
legislative choices that distort problems rather than seek to solve 
them. H.R. 3989 is the latest example of this approach to policy-
making, where serious policy questions are demoted to merely political 
ones. This vote is meaningless when devoid of the larger context of a 
budget resolution, and everyone here knows that. I refuse to 
participate in this legislative charade, and I urge my colleagues to do 
the same. Join me in voting ``present'' on H.R. 3989. The sooner we 
stop the pointless political gambits, the sooner we can deal with the 
people's business.
  Mr. SOLOMON. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. All time has expired. Pursuant to the order 
of the House of Thursday, June 4, 1998, the previous question is 
ordered on the bill, as amended.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


               Motion to Recommit Offered By Mr. Moakley

  Mr. MOAKLEY. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore (Mr. Hefley). Is the gentleman opposed to the 
bill?
  Mr. MOAKLEY. Mr. Speaker, I am opposed to the bill, as everyone in 
the House is.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:
       Mr. Moakley moves to recommit the bill, H.R. 3989, to the 
     Committee on Ways and Means to report back forthwith with an 
     amendment:
       Strike all after the enacting clause and insert the 
     following:
       ``It is the sense of the House of Representatives that the 
     following user fees should be enacted as soon as possible:
       (1) Housing.--
       (A) Increase cost to Federal Housing Administration 
     borrowers by ending rebates after mortgage repayment.
       (B) Increase National Flood Insurance premiums.
       (C) Increase Federal Housing Administration premiums to 
     cover the cost of the multifamily mortgage program.
       (2) Transportation.--
       (A) Establish airport takeoff/landing slot charges.
       (B) Increase Federal Inland Waterway System fees to fully 
     recover the costs of operations, maintenance, and new 
     construction.
       (3) Veterans.--
       Extend for one year the loan fee for Veterans' Affairs 
     housing loans.
       (4) Federal Retirement.--
       Raise Federal Employees Health Benefit premiums.''

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Massachusetts (Mr. Moakley) for 5 minutes on his motion.
  Mr. MOAKLEY. Mr. Speaker, my motion to recommit is very simple. 
Instead of voting on the revenue provisions contained in the 
President's budget, let us take a vote on the user fees contained in 
the Kasich budget. We have heard our friends over there saying they are 
opposed to these fees. Well, let us see.
  The Kasich budget contains almost $10.5 billion in user fees, fees on 
FHA homeowners, fees on airlines, fees on veterans housing loans, fees 
on inland water users, fees on Federal employees health benefits. There 
are fees on individuals who participate in the National Flood Insurance 
Program and, Mr. Speaker, as well as fees on the multifamily mortgage 
program at the FHA. All of these fees are contained in the Kasich 
budget.
  One thing I have noticed this morning is there has been a lot of talk 
about revenue provisions that were ripped out of the President's 
budget. But, Mr. Speaker, the President's budget is not going to be 
voted on later this morning, the Kasich budget is.
  Mr. Speaker, we should not be wasting Members' time by voting on 
parts of a budget proposal that the House is not even going to 
consider. The bill proposed by the gentleman from New York (Mr. 
Solomon) is objected to by the President and probably everybody else in 
the House. Instead, let us take a test vote on the user fees in the 
Kasich budget, $10.5 billion worth.
  I find that ironic that the Republicans are beating their chests 
about the revenue raises in a bill that is not even going to be 
considered and strangely silent on the revenue raises that are included 
in the bill that will be voted on in a matter of hours.
  Mr. Speaker, where is the righteous defense of the American taxpayers 
from the intrusive reach of the Federal Government contained in the 
Kasich budget? Where is the outrage over the $10.5 billion in user fees 
being imposed by the Kasich budget on homeowners and veterans?
  I suppose it is just too much to expect consistency from my 
Republican colleagues on this. The desperate urge to score political 
points is just too strong. My motion to recommit, simply stated, 
substitutes the Kasich user fee for those proposed by the gentleman 
from New York (Mr. Solomon).

                              {time}  1015

  Mr. MOAKLEY. Mr. Speaker, I yield the balance of my time to the 
gentleman from Mississippi (Mr. Taylor).
  Mr. TAYLOR of Mississippi. Mr. Speaker, I rise in strong support of 
the motion to recommit. I also rise in opposition to the Republican 
budget.
  Mr. Speaker, as my friend, the gentleman from Tennessee (Mr. John 
Tanner) pointed out last night, the new Republican majority in 4 years 
has

[[Page H4186]]

truly achieved the level of arrogance that it took the Democratic Party 
40 years to have in this body. It did not even allow what is the most 
important vote of the year, the conservative Democratic alternative to 
be offered.
  If Members have followed this session, they will know that every 
Tuesday has been spent commending this or condemning that, resolutions 
that have no effect whatsoever. One week out of every month we have not 
even been in session. Yet, we cannot find the time to debate and have 
an open amendment process for the most important thing, which is the 
budget of the United States, so those of us who would rather spend 
money getting soldiers off of food stamps can, say, maybe take it from 
things we do not think are as important, like foreign aid, like the $3 
billion that a relatively wealthy Nation called Israel will get of our 
money, but we cannot find the money to get soldiers off of food stamps.
  We will not even be given the opportunity to do so because the budget 
process, first under the Democrats and now under the Republicans, we 
cannot even offer an amendment on it. That is wrong.
  This is still a democracy, Mr. Speaker. The Speaker may do what he 
wants to keep that from happening, but every one of us represents the 
same number of people. Every one of us was elected, and every one of us 
deserves the opportunity to try to set some priorities for this Nation, 
and not be handed a load of garbage by one side or the other and say 
vote on it, take it or leave it.
  So I am going to vote against the Democratic budget, I am going to 
vote against the Republican budget, and I am going to hope for once 
that we will stick together and provide for this Nation an American 
budget.
  But the only way we can do that is to first vote down the Republican 
budget, vote down the Democratic budget, vote for the motion to 
recommit, and let us try to get back to what the Founding Fathers truly 
had in mind, which is making this body a deliberative body of free 
expression, where the majority rules and not the lobbyists.
  The SPEAKER pro tempore (Mr. Hefley). Does the gentleman from New 
York (Mr. Solomon) rise in opposition to the motion to recommit?
  Mr. SOLOMON. I do, Mr. Speaker.
  The SPEAKER pro tempore. The gentleman from New York (Mr. Solomon) is 
recognized for 5 minutes.
  Mr. SOLOMON. Mr. Speaker, the Moakley recommittal would prevent this 
House from casting a resounding vote against the President's tax and 
fee increases.
  Mr. Speaker, I yield to the gentleman from Georgia (Mr. Gingrich), 
the Speaker of the House, a man who personifies the Republican vision 
of no more tax increases.
  Mr. GINGRICH. Mr. Speaker, let me say, first of all, that I was 
delighted to watch the impassioned pleas of my liberal friends for 
higher taxes. There was an intensity, a passion, an emotional 
commitment to higher taxes that I believe is sincere.
  These are friends who voted for the 1993 tax increase, passed only 
with Democratic votes. These are friends for whom higher taxes is a 
legitimate moral cause, because the American people, in their judgment, 
are not smart enough to solve their own problems, and only bigger 
bureaucracy, more power in Washington, less take-home pay, will lead to 
the liberal utopia they believe in.
  But I have to say to my good friends, I just checked two of the last 
three speakers on the gentleman's side. They voted against the welfare 
reform bill. It is not fair to get up here and protect the welfare 
reform bill we wrote, that we passed, working with our Governors, my 
good friend, John Engler of Michigan, who was in on Tuesday, when we 
chatted about what we can get done; my good friend, George Pataki, 
Governor of New York, with whom I have been talking about what we can 
get done; my dear friend, Tommy Thompson, Governor of Wisconsin, who 
was the original leader in the welfare reform movement, talking about 
what we can get done.
  We have found that we on our side are the people who actually worked 
with Governors to write the welfare reform bill. So to have liberals 
who always vote for tax increases jump up in defense of a welfare 
reform plan they opposed, and cite Republican Governors to the 
Republican majority, is a wonderful piece of oratory, but it is not 
historically very accurate.
  Let us talk about why we brought this vote up today. This is, 
frankly, a very important point. I would urge every Democrat, every 
Democrat who wants higher spending----
  Mr. MILLER of California. Mr. Speaker, will the gentleman yield?
  Mr. GINGRICH. I yield to the gentleman from California.
  Mr. MILLER of California. Mr. Speaker, I was just wondering, because 
I read in the paper this morning that those are the same Republican 
Governors who will be writing a letter against the budget and are 
concerned about the money coming out of TANF, the welfare reform 
proposal I opposed.
  Mr. GINGRICH. Let me say to my good friend that very often people 
around the country, when they read the newspaper version of reality, 
respond to it. But in a recent conference call with the very Governors 
the gentleman was talking about, they are quite satisfied with where we 
are going with welfare reform, and I think they will be quite happy 
with it.
  Mr. MILLER of California. They accept the cuts in TANF?
  Mr. GINGRICH. I appreciate the gentleman allowing me to clarify that 
inaccurate report.
  Now that the gentleman knows they are not going to be worried about 
what we are doing, let us go to the heart of why we have raised this 
particular motion. I think this is a very important issue.
  The President sent up $51.9 billion in higher taxes and fees, not 
counting the tobacco taxes. We took out all the tobacco taxes he sent 
up, so this is just a straightforward issue on everything else he 
wanted to raise, $51.9 billion. Later on this year the President is 
going to come to the Congress and say, I need higher spending. I know I 
agreed to the budget deal, I know it was a 5-year deal, but I need 
higher spending.
  So I would urge every Democrat, if they want the President to get 
higher spending later on this fall, they need to vote no on this 
motion. They need to say, we want $51 billion in higher taxes. We are 
for bigger government and more taxes.
  But if every Democrat votes with us against $51 billion in higher 
taxes, then I do not think President Clinton has a leg to stand on in 
coming to a negotiation later and saying, well, I am really for a 
balanced budget, but by the way, I need more government, I need more 
programs.
  There are 77 tax hikes and user fees in this particular package, 77 
tax hikes and user fees. Why? Because President Clinton is calling for 
85 new spending programs, including 39 new entitlement programs.
  Mr. Speaker, liberals who had the courage in 1993 to raise taxes may 
well want to vote with the President for higher taxes and bigger 
government. So I would urge all of my Democratic colleagues who truly 
want bigger government and higher taxes, vote no on this.
  But for those who want to go home and join us and say the Federal 
Government is too big, it wastes too much money, we can find 1 percent 
waste, fraud, and error, we can find 1 percent mismanagement, we can 
find 1 percent unnecessary programs out of an entire Federal Government 
of $9 trillion, we can find 1 percent, vote with us.
  Those who have a better idea, as our good friend, the gentleman from 
Mississippi (Mr. Taylor) suggested he did, then they get to vote 
against the President. They do not have to vote with us. But do not 
vote with us to kill these tax increases, and then come back later and 
say you really want the money, you just did not want to tell the 
American people.
  We are opposed to tax increases. We think the Federal Government is 
too big, it wastes too much, it has too much power in Washington. We 
believe taxes are too high and take-home pay is too low.
  I am very proud and very confident that the people who brought us 
welfare reform, the people who brought us a balanced budget, the people 
who brought us tax cuts, are in fact capable of finding 1 percent 
waste.
  I urge our colleagues, vote no on their motion to recommit, and stop 
the Clinton tax increases from further burdening the American people.
  The SPEAKER pro tempore. All time has expired.

[[Page H4187]]

  Without objection, the previous question is ordered on the motion to 
recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. MOAKLEY. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  Pursuant to the provisions of clause 5 of rule XV, the Chair 
announces that he will reduce to a minimum of 5 minutes the period of 
time within which the vote by electronic device, if ordered, will be 
taken on the question of passage.
  The vote was taken by electronic device, and there were--yeas 0, nays 
416, answered ``present'' 1, not voting 17, as follows:

                             [Roll No. 206]

                               NAYS--416

     Abercrombie
     Ackerman
     Aderholt
     Allen
     Andrews
     Archer
     Armey
     Bachus
     Baesler
     Baker
     Baldacci
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berman
     Berry
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Bliley
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant
     Bunning
     Burr
     Burton
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cannon
     Capps
     Cardin
     Carson
     Castle
     Chabot
     Chambliss
     Chenoweth
     Christensen
     Clay
     Clayton
     Clement
     Clyburn
     Coble
     Coburn
     Collins
     Combest
     Condit
     Conyers
     Cook
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crapo
     Cubin
     Cummings
     Cunningham
     Danner
     Davis (FL)
     Davis (IL)
     Davis (VA)
     Deal
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Ensign
     Eshoo
     Etheridge
     Evans
     Everett
     Ewing
     Farr
     Fattah
     Fawell
     Fazio
     Filner
     Foley
     Forbes
     Ford
     Fossella
     Fowler
     Fox
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gekas
     Gephardt
     Gibbons
     Gilchrest
     Gillmor
     Gilman
     Gingrich
     Goode
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Granger
     Green
     Greenwood
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hamilton
     Hansen
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayworth
     Hefley
     Hefner
     Herger
     Hill
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Hooley
     Horn
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (WI)
     Johnson, Sam
     Jones
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy (RI)
     Kennelly
     Kildee
     Kilpatrick
     Kim
     Kind (WI)
     King (NY)
     Kingston
     Kleczka
     Klink
     Klug
     Knollenberg
     Kolbe
     Kucinich
     LaFalce
     LaHood
     Lampson
     Lantos
     Largent
     Latham
     LaTourette
     Lazio
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     Livingston
     LoBiondo
     Lofgren
     Lowey
     Lucas
     Luther
     Maloney (CT)
     Maloney (NY)
     Manton
     Manzullo
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHale
     McHugh
     McInnis
     McIntosh
     McIntyre
     McKeon
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Metcalf
     Mica
     Millender-McDonald
     Miller (CA)
     Miller (FL)
     Minge
     Mink
     Moakley
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Neal
     Nethercutt
     Neumann
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Oxley
     Packard
     Pallone
     Pappas
     Parker
     Pascrell
     Pastor
     Paul
     Paxon
     Payne
     Pease
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pickett
     Pitts
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Redmond
     Regula
     Riggs
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogan
     Rogers
     Rohrabacher
     Rothman
     Roukema
     Roybal-Allard
     Royce
     Rush
     Ryun
     Sabo
     Salmon
     Sanchez
     Sanders
     Sandlin
     Sanford
     Sawyer
     Saxton
     Scarborough
     Schaefer, Dan
     Schaffer, Bob
     Scott
     Sensenbrenner
     Serrano
     Shadegg
     Shaw
     Shays
     Sherman
     Shimkus
     Shuster
     Sisisky
     Skaggs
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (OR)
     Smith (TX)
     Smith, Adam
     Smith, Linda
     Snowbarger
     Snyder
     Solomon
     Souder
     Spence
     Spratt
     Stabenow
     Stark
     Stearns
     Stenholm
     Stokes
     Strickland
     Stump
     Stupak
     Sununu
     Talent
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Thomas
     Thompson
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tierney
     Torres
     Towns
     Traficant
     Turner
     Upton
     Velazquez
     Vento
     Visclosky
     Walsh
     Wamp
     Waters
     Watkins
     Watt (NC)
     Watts (OK)
     Waxman
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Weygand
     White
     Whitfield
     Wicker
     Wise
     Wolf
     Woolsey
     Wynn
     Yates
     Young (AK)
     Young (FL)

                        ANSWERED ``PRESENT''--1

       
     Blumenauer
       

                             NOT VOTING--17

     Buyer
     Cooksey
     Furse
     Gejdenson
     Gonzalez
     Harman
     Houghton
     Johnson, E. B.
     Kennedy (MA)
     Lewis (GA)
     McDade
     Mollohan
     Pelosi
     Reyes
     Ros-Lehtinen
     Schumer
     Sessions

                              {time}  1042

  Messrs. BROWN of California, ROTHMAN, LEWIS of Kentucky, WATT of 
North Carolina, LARGENT, GUTKNECHT, HYDE, LANTOS and WATKINS changed 
their vote from ``yea'' to ``nay.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.


                         Parliamentary Inquiry

  Mr. HEFNER. Mr. Speaker, I have a parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman will state it.
  Mr. HEFNER. Mr. Speaker, for those of us who sat up last night and 
watched the interesting debate and slept late this morning on this, is 
this a sense of the Congress or is this a bill?

                              {time}  1045

  The SPEAKER pro tempore (Mr. Hefley). We are prepared for the 
question on final passage of the bill.
  Mr. HEFNER. I thank the Chair very much.
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. HAYWORTH. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This is a 15-minute vote.
  The vote was taken by electronic device, and there were--yeas 0, nays 
421, answered ``present'' 1, not voting 12, as follows:

                             [Roll No. 207]

                               NOES--421

     Abercrombie
     Ackerman
     Aderholt
     Allen
     Andrews
     Archer
     Armey
     Bachus
     Baesler
     Baker
     Baldacci
     Ballenger
     Barcia
     Barr
     Barrett (NE)
     Barrett (WI)
     Bartlett
     Barton
     Bass
     Bateman
     Becerra
     Bentsen
     Bereuter
     Berman
     Berry
     Bilbray
     Bilirakis
     Bishop
     Blagojevich
     Bliley
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonior
     Bono
     Borski
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brady (TX)
     Brown (CA)
     Brown (FL)
     Brown (OH)
     Bryant
     Bunning
     Burr
     Burton
     Buyer
     Callahan
     Calvert
     Camp
     Campbell
     Canady
     Cannon
     Capps
     Cardin
     Carson
     Castle
     Chabot
     Chambliss
     Chenoweth
     Christensen
     Clay
     Clayton
     Clement
     Clyburn
     Coble
     Coburn
     Collins
     Combest
     Condit
     Conyers
     Cook
     Cooksey
     Costello
     Cox
     Coyne
     Cramer
     Crane
     Crapo
     Cubin
     Cummings
     Cunningham
     Danner
     Davis (FL)
     Davis (IL)
     Davis (VA)
     Deal
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     Deutsch
     Diaz-Balart
     Dickey
     Dicks
     Dingell
     Dixon
     Doggett
     Dooley
     Doolittle
     Doyle
     Dreier
     Duncan
     Dunn
     Edwards
     Ehlers
     Ehrlich
     Emerson
     Engel
     English
     Ensign
     Eshoo
     Etheridge
     Evans
     Everett
     Ewing
     Farr
     Fattah
     Fawell
     Fazio
     Filner
     Foley
     Forbes
     Ford
     Fossella
     Fowler
     Fox
     Frank (MA)
     Franks (NJ)
     Frelinghuysen
     Frost
     Gallegly
     Ganske
     Gekas
     Gephardt
     Gibbons
     Gilchrest

[[Page H4188]]


     Gillmor
     Gilman
     Gingrich
     Goode
     Goodlatte
     Goodling
     Gordon
     Goss
     Graham
     Granger
     Green
     Greenwood
     Gutierrez
     Gutknecht
     Hall (OH)
     Hall (TX)
     Hamilton
     Hansen
     Harman
     Hastert
     Hastings (FL)
     Hastings (WA)
     Hayworth
     Hefley
     Hefner
     Herger
     Hill
     Hilleary
     Hilliard
     Hinchey
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Hooley
     Horn
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hutchinson
     Hyde
     Inglis
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     John
     Johnson (CT)
     Johnson (WI)
     Johnson, Sam
     Jones
     Kanjorski
     Kaptur
     Kasich
     Kelly
     Kennedy (RI)
     Kennelly
     Kildee
     Kilpatrick
     Kim
     Kind (WI)
     King (NY)
     Kingston
     Kleczka
     Klink
     Klug
     Knollenberg
     Kolbe
     Kucinich
     LaFalce
     LaHood
     Lampson
     Lantos
     Latham
     LaTourette
     Lazio
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     Livingston
     LoBiondo
     Lofgren
     Lowey
     Lucas
     Luther
     Maloney (CT)
     Maloney (NY)
     Manton
     Manzullo
     Markey
     Martinez
     Mascara
     Matsui
     McCarthy (MO)
     McCarthy (NY)
     McCollum
     McCrery
     McDermott
     McGovern
     McHale
     McHugh
     McInnis
     McIntosh
     McIntyre
     McKeon
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Metcalf
     Mica
     Millender-McDonald
     Miller (CA)
     Miller (FL)
     Minge
     Mink
     Moakley
     Moran (KS)
     Moran (VA)
     Morella
     Murtha
     Myrick
     Nadler
     Neal
     Nethercutt
     Neumann
     Ney
     Northup
     Norwood
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Oxley
     Packard
     Pallone
     Pappas
     Parker
     Pascrell
     Pastor
     Paul
     Paxon
     Payne
     Pease
     Pelosi
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pickett
     Pitts
     Pombo
     Pomeroy
     Porter
     Portman
     Poshard
     Price (NC)
     Pryce (OH)
     Quinn
     Radanovich
     Rahall
     Ramstad
     Rangel
     Redmond
     Regula
     Reyes
     Riggs
     Riley
     Rivers
     Rodriguez
     Roemer
     Rogan
     Rogers
     Rohrabacher
     Rothman
     Roukema
     Roybal-Allard
     Royce
     Rush
     Ryun
     Sabo
     Salmon
     Sanchez
     Sanders
     Sandlin
     Sanford
     Sawyer
     Saxton
     Scarborough
     Schaefer, Dan
     Schaffer, Bob
     Scott
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Shimkus
     Shuster
     Sisisky
     Skaggs
     Skeen
     Skelton
     Slaughter
     Smith (MI)
     Smith (NJ)
     Smith (OR)
     Smith (TX)
     Smith, Adam
     Smith, Linda
     Snowbarger
     Snyder
     Solomon
     Souder
     Spence
     Spratt
     Stabenow
     Stark
     Stearns
     Stenholm
     Stokes
     Strickland
     Stump
     Stupak
     Sununu
     Talent
     Tanner
     Tauscher
     Tauzin
     Taylor (MS)
     Taylor (NC)
     Thomas
     Thompson
     Thornberry
     Thune
     Thurman
     Tiahrt
     Tierney
     Torres
     Towns
     Traficant
     Turner
     Upton
     Velazquez
     Vento
     Visclosky
     Walsh
     Wamp
     Waters
     Watkins
     Watt (NC)
     Watts (OK)
     Waxman
     Weldon (FL)
     Weldon (PA)
     Weller
     Wexler
     Weygand
     White
     Whitfield
     Wicker
     Wise
     Wolf
     Woolsey
     Wynn
     Yates
     Young (AK)
     Young (FL)

                        ANSWERED ``PRESENT''--1

       
     Blumenauer
       

                             NOT VOTING--12

     Furse
     Gejdenson
     Gonzalez
     Houghton
     Johnson, E. B.
     Kennedy (MA)
     Largent
     Lewis (GA)
     McDade
     Mollohan
     Ros-Lehtinen
     Schumer

                              {time}  1104

  Mr. RIGGS changed his vote from ``aye'' to ``no.''
  So the bill was not passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________