[Congressional Record Volume 145, Number 82 (Thursday, June 10, 1999)]
[House]
[Pages H4031-H4039]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2000
The SPEAKER pro tempore. Pursuant to House Resolution 200 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 1401.
{time} 1037
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (H.R. 1401) to authorize appropriations for fiscal years 2000
and 2001 for military activities of the Department of Defense, to
prescribe military personnel strengths for fiscal years 2000 and 2001,
and for other purposes, with Mrs. Emerson (Chairman pro tempore) in the
chair.
The Clerk read the title of the bill.
The CHAIRMAN pro tempore. When the Committee of the Whole rose on
Wednesday, June 9, 1999, amendment No. 14 printed in part A of House
Report 106-175 by the gentlewoman from California (Ms. Sanchez) and
offered by the gentlewoman from Florida (Mrs. Meek) as her designee had
been disposed of.
It is now in order to consider amendment No. 15 printed in House
Report 106-175.
Amendment No. 15 Offered by Mr. Buyer
Mr. BUYER. Madam Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A amendment No. 15 offered by Mr. Buyer:
Page 207, after line 5, add the following new subtitle (and
redesignate the succeeding subtitle accordingly):
Subtitle F--Eligibility to Participate in the Thrift Savings Plan
SEC. 661. AUTHORITY FOR MEMBERS OF THE UNIFORMED SERVICES TO
CONTRIBUTE TO THE THRIFT SAVINGS FUND.
(a) Authority for Members of the Uniformed Services To
Contribute to the Thrift Savings Fund.--(1) Subchapter III of
chapter 84 of title 5, United States Code, is amended by
adding at the end the following:
``Sec. 8440e. Members of the uniformed services
``(a)(1) A member of the uniformed services performing
active service may elect to contribute to the Thrift Savings
Fund--
``(A) a portion of such individual's basic pay; or
[[Page H4032]]
``(B) a portion of any special or incentive pay payable to
such individual under chapter 5 of title 37.
Any contribution under subparagraph (B) shall be made by
direct transfer to the Thrift Savings Fund by the Secretary
concerned.
``(2)(A) Except as provided in subparagraph (B), an
election under paragraph (1) may be made only during a period
provided under section 8432(b), subject to the same
conditions as prescribed under paragraph (2)(A)-(D) thereof.
``(B)(i) Notwithstanding subparagraph (A), a member of the
uniformed services performing active service on the effective
date of this section may make the first such election during
the 60-day period beginning on such effective date.
``(ii) An election made under this subparagraph shall take
effect on the first day of the first applicable pay period
beginning after the close of the 60-day period referred to in
clause (i).
``(b)(1) Except as otherwise provided in this subsection,
the provisions of this subchapter and subchapter VII shall
apply with respect to members of the uniformed services
making contributions to the Thrift Savings Fund.
``(2)(A) The amount contributed by a member of the
uniformed services under subsection (a)(1)(A) for any pay
period shall not exceed 5 percent of such member's basic pay
for such pay period.
``(B) Nothing in this section or section 211 of title 37
shall be considered to waive any dollar limitation under the
Internal Revenue Code of 1986 which otherwise applies with
respect to the Thrift Savings Fund.
``(3) No contributions under section 8432(c) shall be made
for the benefit of a member of the uniformed services making
contributions to the Thrift Savings Fund under subsection
(a).
``(4) In applying section 8433 to a member of the uniformed
services who has an account balance in the Thrift Savings
Fund, the reference in subsection (g)(1) or (h)(3) of section
8433 to contributions made under section 8432(a) shall be
considered a reference to contributions made under any of
sections 8351, 8432(a), 8432b(b), or 8440a-8440e.
``(c) For purposes of this section--
``(1) the term `basic pay' has the meaning given such term
by section 204 of title 37;
``(2) the term `active service' means--
``(A) active duty for a period of more than 30 days, as
defined by section 101(d)(2) of title 10; and
``(B) full-time National Guard duty, as defined by section
101(d)(5) of title 10;
``(3) the term `Secretary concerned' has the meaning given
such term by section 101 of title 37; and
``(4) any reference to `separation from Government
employment' shall be considered a reference to a release from
active duty (not followed by a resumption of active duty, or
an appointment to a position covered by chapter 83 or 84 of
title 5 or an equivalent retirement system, as identified by
the Executive Director in regulations) before the end of the
31-day period beginning on the day following the date of
separation), a transfer to inactive status, or a transfer to
a retired list pursuant to any provision of title 10.''.
(2) The table of sections at the beginning of chapter 84 of
title 5, United States Code, is amended by adding after the
item relating to section 8440d the following:
``8440e. Members of the uniformed services.''.
(b) Amendments Relating to the Employee Thrift Advisory
Council.--Section 8473 of title 5, United States Code, is
amended--
(1) in subsections (a) and (b) by striking ``14 members''
and inserting ``15 members''; and
(2) in subsection (b) by striking ``and'' at the end of
paragraph (8), by striking the period at the end of paragraph
(9) and inserting ``; and'', and by adding at the end the
following:
``(10) 1 shall be appointed to represent participants who
are members of the uniformed services (within the meaning of
section 8440e).''.
(c) Technical and Conforming Amendments.--(1) Paragraph
(11) of section 8351(b) of title 5, United States Code, is
amended by redesignating such paragraph as paragraph (8).
(2) Subparagraph (B) of section 8432b(b)(2) of title 5,
United States Code, is amended by striking ``section
8432(a)'' and inserting ``sections 8432(a) and 8440e,
respectively,''.
(3)(A) Section 8439(a)(1) of title 5, United States Code,
is amended--
(i) by inserting ``or 8432b(d)'' after ``8432(c)(1)''; and
(ii) by striking ``8351'' and inserting ``8351, 8432b(b),
or 8440a-8440e''.
(B) Section 8439(a)(2)(A)(i) of title 5, United States
Code, is amended by striking ``8432(a) or 8351'' and
inserting ``8351, 8432(a), 8432b(b), or 8440a-8440e''.
(C) Section 8439(a)(2)(A)(ii) of title 5, United States
Code, is amended by striking ``title;'' and inserting ``title
(including subsection (c) or (d) of section 8432b);''.
(D) Section 8439(a)(2)(A) of title 5, United States Code,
is amended by striking ``and'' at the end of clause (ii), by
striking ``, over'' at the end of clause (iii) and inserting
``; and'', and by adding after clause (iii) the following:
``(iv) any other amounts paid, allocated, or otherwise
credited to such individual's account, over''.
SEC. 662. CONTRIBUTIONS TO THRIFT SAVINGS FUND.
(a) In General.--(1) Chapter 3 of title 37, United States
Code, is amended by adding at the end the following:
``Sec. 211. Contributions to Thrift Savings Fund
``A member of the uniformed services who is performing
active service may elect to contribute, in accordance with
section 8440e of title 5, a portion of the basic pay of the
member for that service (or of any special or incentive pay
under chapter 5 of this title which relates to that service)
to the Thrift Savings Fund established by section 8437 of
title 5.''.
(2) The table of sections at the beginning of such chapter
is amended by adding at the end the following:
``211. Contributions to Thrift Savings Fund.''.
SEC. 663. REGULATIONS.
Not later than 180 days after the date of the enactment of
this Act, the Executive Director (appointed by the Federal
Retirement Thrift Investment Board) shall issue regulations
to implement sections 8351 and 8440e of title 5, United
States Code (as amended by section 661) and section 211 of
title 37, United States Code (as amended by section 662).
SEC. 664. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this
section, the amendments made by this subtitle shall take
effect one year after the date of the enactment of this Act,
or on July 1, 2000, whichever is later.
(b) Exception.--Nothing in this subtitle (or any amendment
made by this subtitle) shall be considered to permit the
making of any contributions under section 8440e(a)(1)(B) of
title 5, United States Code (as amended by section 661),
before December 1, 2000.
(c) Effectiveness Contingent on Offsetting Legislation.--
(1) This subtitle shall be effective only if--
(A) the President, in the budget of the President for
fiscal year 2001, proposes legislation which if enacted would
be qualifying offsetting legislation; and
(B) there is enacted during the second session of the 106th
Congress qualifying offsetting legislation.
(2) If the conditions in paragraph (1) are met, then, this
section shall take effect on the date on which qualifying
offsetting legislation is enacted or, if later, the effective
date determined under subsection (a).
(3) For purposes of this subsection:
(A) The term ``qualifying offsetting legislation'' means
legislation (other than an appropriations Act) that includes
provisions that--
(i) offset fully the increased outlays for each of fiscal
years 2000 through 2009 to be made by reason of the
amendments made by this subtitle;
(ii) expressly state that they are enacted for the purpose
of the offset described in clause (i); and
(iii) are included in full on the PayGo scorecard.
(B) The term ``PayGo scorecard'' means the estimates that
are made with respect to fiscal years through fiscal year
2009 by the Director of the Congressional Budget Office and
the Director of the Office of Management and Budget under
section 252(d) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
The CHAIRMAN pro tempore. Pursuant to House Resolution 200, the
gentleman from Indiana (Mr. Buyer) and a Member opposed will each
control 10 minutes.
Does the gentleman from Hawaii (Mr. Abercrombie) oppose the
amendment?
Mr. ABERCROMBIE. Madam Chairman, I do not oppose the amendment, and I
ask unanimous consent that in the absence of opposition that I be
allowed to control the time otherwise reserved for the opposition.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from Hawaii?
There was no objection.
The CHAIRMAN pro tempore. The Chair recognizes the gentleman from
Indiana (Mr. Buyer).
Mr. BUYER. Madam Chairman, I yield myself such time as I may consume.
The Subcommittee on Military Personnel has been striving to find the
right combination of incentives to address the negative recruiting and
retention trends that threaten the readiness of our military forces.
That is the purpose of the Buyer-Abercrombie amendment, to offer a
military thrift savings plan.
On the retention front, all services have incurred unsustainable
losses among pockets of highly qualified experienced personnel,
including aviators and many high tech skills. The most severe retention
problems are in the Navy and the Air Force where officers,
noncommissioned officers and enlisted members across the force are
leaving at rates that threaten the future viability of those services.
On the recruiting front, three of the services, beginning with the
Army, then the Navy and finally the Air Force, have been struggling to
meet production goals for new recruits. In addition, some sources of
officer commissions, specifically Army and Air
[[Page H4033]]
Force senior reserve officer training programs, are failing to produce
the required number of new officers.
As a result of the continuing recruiting shortfalls and reduced
retention, senior military leaders find themselves compelled to deploy
forces to crises and contingencies at manning levels well below the 100
percent or better standard that heretofore has been their goal. With
reduced manning levels among the deployed forces, senior leaders are
reluctantly accepting higher operational risks, reduced readiness and
increased stress on both deployed and nondeployed forces.
The Subcommittee on Military Personnel conducted a number of hearings
on recruiting and retention this spring. Although we learned that
recruiting and retention are complex problems for which there are no
simple solutions, a consistent theme among the military was a strong
interest in participating in a tax deferred savings plan like the
Federal Government's thrift savings plan. Today's military members like
many in our society want to have control over their own retirement.
They understand the value of saving and they want the benefits of tax
deferred savings enjoyed by 45 million Americans participating in over
600,000 defined contribution retirement plans like the Federal
Government's own TSP. While H.R. 1401 contains many compensation and
policy initiatives to combat recruiting and retention problems, the one
key piece that is not included at this point is the thrift savings
plan. There is no doubt that the ability to participate in a thrift
savings program will be a powerful tool in our fight to stabilize
recruiting and retention programs.
The amendment being offered jointly by myself and the gentleman from
Hawaii, the ranking member of the Subcommittee on Military Personnel,
is a bare bones thrift savings program modeled after the savings
program the Congress granted 965,000 Federal employees who qualify for
a pension under the Civil Service Retirement System. The plan includes
a maximum payroll contribution of 5 percent of basic pay with no
government matching or automatic payments. We would add the ability to
make contributions from special and incentive pays. But the
participants would not be authorized to exceed contribution limits
established by the tax code.
There is lost revenue associated with the deferral of taxes on the
contributions and earnings. We did not include the TSP in the bill
because we were still working on alternatives for addressing the direct
spending question. The Joint Committee on Taxation estimates the direct
spending incurred with this provision to be $11 million in fiscal year
2000 and $993 million through fiscal year 2009. This amendment
addresses this pay-go requirement by making the provision contingent
upon the President submitting and the Congress enacting qualified
offsetting legislation during the consideration of the fiscal year 2000
budget request.
I would like to compliment publicly the working relationship I have
had with the gentleman from Hawaii (Mr. Abercrombie). It has been a
true pleasure in working to address our recruiting, our retention and
the retirement concerns affecting the Nation's military.
Madam Chairman, a vote for this amendment is a vote for the people
who serve this Nation in uniform. A vote for this amendment is a vote
for military readiness. It is a vote for military retention. I urge my
colleagues to support a military thrift savings plan.
Madam Chairman, I reserve the balance of my time.
Mr. ABERCROMBIE. Madam Chairman, I yield myself such time as I may
consume.
I rise today in strong support of what the gentleman from Indiana
(Mr. Buyer) has correctly characterized as a bipartisan amendment. I
would think that we might even say that it is a nonpartisan amendment,
to offer the thrift savings plan to our dedicated service members. As
the senior Democrat on the Subcommittee on Military Personnel, I am
extremely proud of the compensation package that we have put in this
bill to help military personnel. This package addressed pay and
retirement, as the gentleman from Indiana indicated, in a comprehensive
fashion. May I add parenthetically, Madam Chairman, that I give full
credit to the gentleman from Indiana for the really fabulous job that
he, the staff and the other Members did with respect to making this
truly comprehensive and far reaching.
{time} 1045
We were unable to include, as he indicated, a provision that we both
viewed as critical not only to the military, but to the economic
security of this Nation, the Thrift Savings Plan.
We have the lowest personal savings rate since 1950. Over the past
year, the personal savings rate, the amount of savings divided by
disposable income expressed as a percentage in this country, has been
less than 1 percent. The savings rate in the country is important
because it represents the resources that can be used to create, sustain
or expand the Nation's capital. Savings represent the potential for
long-term future growth and increase the national standard of living,
and we want our military to be able to participate in it.
As a Nation, we should encourage all people to save, and, as an
employer, the government is remiss if we do not offer that same
opportunity to the military. Service members should be extended the
same benefits as other Federal employees.
Madam Chairman, as my colleagues know, we, as Members of Congress,
are permitted to participate in the Thrift Savings Plan, and we think
that, at a minimum, equity requires us to open up this process to
members of the United States military. There are currently 1.4 million
employees who do not have the employer-sponsored savings plan; that is
the military. The military is the largest employer that does not offer
a 401(k) plan. We do offer the benefit to Federal civilians, as I
indicated, of the Thrift Savings Plan.
Extending this plan to the military will have a salutary effect on
the economy. Participation in the Thrift Savings Plan is 86.1 percent
of the FERS employees and 61.2 percent of the CRS employees. If only
61.2 percent of the people in the military were to participate, there
would be 848,000 participants. This amounts to a total contribution of
additional savings of almost $1 billion over a 10-year period.
It is past overdue then for us to extend this benefit to the military
and allow them the benefit from and contribute to the growth of the
economy.
So I urge all my colleagues to support this amendment and reiterate,
if I might, in this closing portion of these remarks that this is the
product, this amendment is the product of a work effort which has
characterized the Subcommittee on Military Personnel of the Committee
on Armed Services from the beginning under the leadership of the
gentleman from Indiana (Mr. Buyer) which was one of encouragement and
cooperation not only extended to all Members, but extended to all
members of the armed services who were invited to participate in our
deliberations, and credit for that goes to the leadership of Mr. Buyer.
Madam Chairman, I yield 2 minutes to the gentleman from Connecticut
(Mr. Maloney) to speak on the amendment.
Mr. MALONEY of Connecticut. Madam Chairman, I rise to speak in
support of this amendment and would like to start by commending the
gentleman from Hawaii (Mr. Abercrombie) and the gentleman from Indiana
(Mr. Buyer) for proposing this amendment to provide the men and women
of our military with an employer-sponsored 401(k)-style retirement
plan. Indeed, as the gentleman from Hawaii (Mr. Abercrombie) and the
gentleman from Indiana (Mr. Buyer) have both said, the underlying bill
makes major steps in regard to compensation and retirement; and I have
heard already from people in the armed services and former members of
the armed services their gratitude for the work that the subcommittee
and the committee have done in regard to this matter.
This amendment, however, makes a good bill even better. This is a no-
frills proposal that will allow military personnel to direct up to 5
percent of their own income, their money, into tax-deferred investment
accounts without any direct expense to the Federal budget. Private
citizens, Federal employees and Members of Congress currently enjoy
this opportunity, and we should offer it to the dedicated personnel of
our armed services.
[[Page H4034]]
Indeed, many young men and women in the military have urged me to
support this Thrift Savings Plan proposal as a means for them to start
a portable savings plan for their retirement. At a time when the
military is competing with a very strong economy and a private sector
that is hungry for the same motivated and talented workers we need to
fill the ranks of our armed services, it makes great sense to offer an
employment package that includes a tax-deferred savings plan.
Once again, as we have seen in the military campaign against
Yugoslavia, our Nation has the most capable armed forces on Earth. That
is because we have outstanding soldiers, sailors, airmen and marines.
We need to make sure that we do all we can to keep them.
I urge my colleagues to support these brave and courageous men and
women and vote ``aye'' for the Abercrombie-Buyer amendment.
Mr. BUYER. Madam Chairman, I yield 2 minutes to the gentleman from
Indiana (Mr. Souder).
Mr. SOUDER. Madam Chairman, I want to thank our chairman, the
gentleman from Indiana (Mr. Buyer), as well as the gentleman from
Hawaii (Mr. Abercrombie); Mr. Buyer has been a tireless defender of
trying to advance the rights and the additional support of our armed
forces throughout the world.
I rise in strong support of the Buyer-Abercrombie amendment to
authorize members of the uniformed services to participate in the
Federal Thrift Savings Plan. Madam Chairman, with the exception of the
military, the Congress has already acted to give virtually every other
Federal employee access to tax-deferred savings. We have even
authorized the 960,000 employees eligible for the Civil Service
Retirement System, CRS, the option to participate in the Thrift Savings
Plan. Fully 61 percent of those employees are making contributions to
the Thrift Savings Plan; and if they are investing in the common stock
option, they are benefiting from a rate of return in excess of 30
percent over the last 4 years. This is simply an amendment to provide
equity and fairness to one of the most deserving populations in
America, the men and women who serve our Nation in uniform.
At a time when most Americans are benefiting from a strong economy
with immense growth in personal wealth using tax-deferred savings
military personnel are denied the opportunity. Given the sacrifices
being made by military members and their families today, difficult and
often hazardous working conditions, long deployments from home, long
working hours, limited funding for parts and other on-the-job
resources, underfunded quality of life programs, the uniformed services
should be the last group denied the opportunity to invest in their own
future.
We attempted earlier this year to address the pay inequities, as we
did in the past Congress, because we were increasing Federal employees
and other areas, but not our armed forces. This is an attempt to expand
not only the pay question, but the benefits that other government
employees get to the military, who should be the first to get these
benefits, not the last.
There is every indication that military people want to participate in
the Thrift Savings Plan and are willing to make the financial
sacrifices necessary to benefit from the Thrift Savings Plan. It is
time to set the record straight. Vote ``yes'' on the Buyer-Abercrombie
amendment, and I again want to congratulate the chairman for his
efforts.
Mr. ABERCROMBIE. Madam Chairman, I yield 2 minutes to the gentleman
from Virginia (Mr. Pickett).
Mr. PICKETT. Madam Chairman, I rise in support of this amendment, and
I commend the authors of the amendment for offering it here today. I
sponsored legislation on this issue myself that was not successful, I
am sorry to say, but I am very happy to be here in support of this
amendment. I think it is a provision that is long-past due.
The military has a very small percentage of the people that enter who
end up making it a career. Eighty-three percent of the people that
enter the military do not intend to make it a career, and at the
present time, they have no means to start a retirement fund. This will
give them that opportunity by allowing them to participate in the
Thrift Savings Plan.
The proposal here would be a no-frills plan modeled after the savings
program that Members of Congress have, 5 percent payroll contribution
without government matching or automatic contribution. Thrift Savings
Plan participation offers service members some portability for
retirement benefits that they would not otherwise have, and I think
this will encourage people to want to serve in our military. The
savings program would be managed by the Federal Thrift Saving
Investment Board, a professional, independent organization that will
insure and guarantee the security of the money set aside by these
people seeking to build a retirement fund.
Madam Chairman, I am very pleased that this amendment is being
offered. I know that it is going to help our military in their
recruitment and retention efforts, and I think it is a step in the
right direction to make certain that our military people, even those
who do not plan to make the military a career, have the opportunity to
create and sustain a retirement program.
Mr. BUYER. Madam Chairman, I yield myself 1 minute.
I would like to compliment the gentleman who just spoke, the
gentleman from Virginia (Mr. Pickett) whose district and his home are
the Navy in Norfolk. Mr. Pickett has been a hard worker on the
Subcommittee on Military Personnel, very tireless in his efforts to
address the recruiting and retention and retirement issues; and he has
also been an advocate of the Thrift Savings Plan over the years, and I
know this is a good moment for him likewise.
Madam Chairman, I yield 2 minutes to the gentleman from North
Carolina (Mr. Hayes).
(Mr. HAYES asked and was given permission to revise and extend his
remarks.)
Mr. HAYES. Madam Chairman, I rise in support of this amendment and to
commend the chairman and ranking member, the gentleman from Indiana
(Mr. Buyer) and the gentleman from Hawaii (Mr. Abercrombie) for
cooperation and their hard work and their can-do spirit.
Madam Chairman, as I mentioned earlier this morning, members of the
Committee on Armed Services were firmly committed to making this the
year of the troops. We recognize that American military personnel and
their families were bearing the brunt, the 10-year shrinkage in annual
defense spending. The result has been devastating. Military quality of
life is severed to the point that all of our service branches are
having difficulty recruiting and retaining quality military personnel.
This year's defense authorization legislation reverses the downward
spiral in defense funding and begins the difficult process of rearming
our military both as a fighting force and as a family. While
sophisticated hardware and advancements in technology are critical
elements of this rebuilding effort, it is our exceptional personnel,
the engine of the American fighting force.
I believe our legislation takes an important first step in reaching
out to our men and women in uniform and letting them know that they
count and that we appreciate the difficult job they do.
The Buyer-Abercrombie amendment would make our already good
authorization bill even better. This amendment provides our service
personnel the same benefit we provide to all civil servants, the
opportunity to participate in the Federal Government's Thrift Savings
Plan. Such an initiative would give every sailor, soldier, airman and
marine a chance to plan and prepare for the future through
participation in the plan. Individual service personnel could make tax-
deferred deposits into accounts similar to IRAs.
Madam Chairman, this measure would have a positive effect on
recruiting and retention and does not begin to describe the benefit.
The Buyer-Abercrombie amendment is an effective tool in our effort to
ensure our highly qualified men and women remain in service. We express
our appreciation for their protection by our support of the Buyer-
Abercrombie amendment.
Mr. ABERCROMBIE. Madam Chairman, I yield 2\1/2\ minutes to the
gentleman from Missouri (Mr. Skelton), the senior Democrat on the
committee, who has been a mentor to us all, and it
[[Page H4035]]
is a great pleasure to have him speak on this most important amendment.
Mr. SKELTON. Madam Chairman, I first must say how very proud I am of
the chairman of the subcommittee, the gentleman from Indiana (Mr.
Buyer), how proud I am of our ranking member, the gentleman from Hawaii
(Mr. Abercrombie) for the work that they did on the personnel section
of this bill. The work that they provided for us, and hopefully we will
have a strong vote on this entire bill at a later moment today, will
give encouragement, will give heart, to those who are in the military
and have some doubts as to whether they should stay and serve our
Nation in uniform or to seek their fortunes elsewhere.
{time} 1100
The pay package, which includes the pay raise, the pay tables, the
pension package, it will encourage so many to stay and seek retirement
later than leaving. I just cannot compliment the gentlemen enough. I
want this House to know of my praise for the gentleman from Indiana
(Mr. Buyer) and the gentleman from Hawaii (Mr. Abercrombie) on the fine
work they have done.
Let me also add that I support this amendment that they have offered.
It was first brought to my attention by the Chief of Naval Personnel,
and it is an excellent amendment. It is a key part of the full package
that will be comprising the personnel section of this bill.
The military is the largest employer that does not offer a 401(k)
plan. However, we do offer this benefit to Federal civilian employees
under the Thrift Savings Plan. As a government, we should strive for
equity among the different types of employees. I fully support this. It
is equity on the Federal level among all different types of employees,
soldiers, sailors, airmen and marines who leave before completing 20
years will not leave empty-handed, but be able to take the Thrift
Savings Plan with them into another 401(k) plan.
This is the right thing to do for the young people as they grow in
service and in maturity. I fully support, fully support this amendment.
Mr. ABERCROMBIE. Madam Chairman, with the Chair's permission and with
the indulgence of the gentleman from Indiana, there was a request by a
Member to speak, and I ask unanimous consent to extend the debate by 1
minute.
The CHAIRMAN pro tempore (Mrs. Emerson). The Chair would entertain
that request if it were equally divided, 1 minute on both sides.
Mr. SKELTON. Madam Chairman, I move to strike the last word.
The CHAIRMAN pro tempore. Does the gentleman from Hawaii withdraw his
unanimous consent request?
Mr. ABERCROMBIE. Yes, Madam Chairman.
The CHAIRMAN pro tempore. The gentleman from Missouri (Mr. Skelton)
will be recognized to 5 minutes.
Mr. SKELTON. Madam Chairman, I yield to the gentleman from Hawaii
(Mr. Abercrombie).
Mr. ABERCROMBIE. Madam Chairman, I request that the time that has
been yielded to me be divided, 2\1/2\ minutes each to the gentleman
from Indiana (Mr. Buyer) and myself.
The CHAIRMAN pro tempore. The gentleman from Missouri (Mr. Skelton)
does have the 5 minutes under the 5-minute rule.
Mr. SKELTON. I will be pleased to yield to the gentleman from Indiana
at the proper time.
Mr. ABERCROMBIE. Madam Chairman, I yield to the gentleman from Ohio
(Mr. Traficant).
Mr. TRAFICANT. Madam Chairman, I did not realize we were going to
have such a complicated and convoluted situation here.
I think what the gentlemen are doing, I say to the gentleman from
Hawaii (Mr. Abercrombie) and the gentleman from Indiana (Mr. Buyer), is
absolutely necessary. I think when we do the little things, the big
things take care of themselves.
I had not really looked carefully at this amendment, but having
looked at this amendment, it is the types of little things that build
morale and stabilization to a military force that is deserving.
I just wanted to echo here and compliment the chairman, the gentleman
from Indiana (Mr. Buyer) and the gentleman from Hawaii (Mr.
Abercrombie) and the gentleman from Missouri (Mr. Skelton) and all
associated with this.
Mr. SKELTON. Madam Chairman, I yield to the gentleman from Hawaii
(Mr. Abercrombie).
Mr. ABERCROMBIE. Madam Chairman, in closing, I would like to thank
the subcommittee staff for their very hard work. Additionally, I would
like to thank my colleague, the gentleman from Indiana (Mr. Buyer). It
has been a pleasure to work with him, to develop such a comprehensive
benefits package that I am certain will ensure the viability of the
all-volunteer force well into the next century.
Mr. SKELTON. Madam Chairman, I yield to the gentleman from Indiana
(Mr. Buyer).
Mr. BUYER. I thank the gentleman for yielding to me, Madam Chairman,
and for his contribution and that of the gentleman from Hawaii (Mr.
Abercrombie).
One of the challenges associated with recruiting the high quality
military force that we possess today are the demands the force places
on personnel programs within the uniformed services.
Military men and women today are bright, confident, and they are
honorable young people. If these superb young people were anything less
than the best, they would not measure up to the extreme challenges that
we call on them to overcome each and every day as they serve the Nation
around the world.
This high quality force includes members that are more independent
and savvy than we have seen in the past. They understand the importance
of saving for retirement and they want to control their future.
We have observed a revolution in investment that has changed the
retirement planning in the private sector, and those in the military
services want to participate in a strong economy that has benefited
some others in America. For example, they want the same 30 percent rate
of return that 1.8 million Federal civilian employees enjoyed today
from their Thrift Savings program. They want some retirement
portability that they do not have today within the military retirement
system. In short, they want to participate in the Thrift Savings Plan.
While this, again, is no silver bullet that guarantees good
recruiting and retention, we must not allow this powerful, cost-
effective recruiting and retention tool to go unused. The readiness of
the force depends on our action today.
I urge that the administration would include this in the 2001 budget.
I urge my colleagues to vote ``yes'' on the Buyer-Abercrombie
amendment. I urge my colleagues to provide the uniformed services
access to the Thrift Savings Plan.
Mr. MICA. Mr. Chairman, I want to thank the Chairman of the
Subcommittee on Military Personnel, Mr. Buyer and the gentleman from
Hawaii, Mr. Abercrombie for introduction of this amendment to provide
all members of our uniformed services with the opportunity to
participate in a Thrift Savings Plan. This proposal mirrors legislation
that was introduced by me and the gentleman from Virginia, Mr. Pickett
last year and again this year as H.R. 556.
It is not only reasonable but also fair that those who serve our
nations armed forces should be eligible for personal savings plans
available to other federal employees and Members of Congress. Today
when our military pay falls behind cost of living, other federal worker
pay and benefits it is essential that Congress provide our military
services with additional incentives for recruitment and retention.
With recruitment down, and re-enlistments dropping we must reexamine
both the compensation, living conditions and benefits offered our
military personnel.
This action today is only one change of many needed to address
problems and challenges facing our military and their dependents. It
has been my privilege to work with others to help enact this savings
plan and I urge its adoption as this military authorization legislation
moves forward.
This action will also compliment legislation that I helped to author
last year that begins to open our federal employees health benefit
program to our military retirees and their dependents.
Mr. ABERCROMBIE. Mr. Chairman, I rise today in support of the Buyer-
Abercrombie amendment to provide, in law, a provision for disability
separation and retirement for service members with pre-existing
conditions. This amendment is one of the en-bloc amendments.
Current law does not include a standard to establish eligibility for
disability retirement and
[[Page H4036]]
separation based on medical conditions that existed prior to members
entry into military service. Previously, disability retirement and
separation based on pre-existing medical condition had been authorized
in regulations after eight years of service.
In 1979 the Department of Defense recommended to the Congress that
disability compensation be extended to personnel with less than eight
years of service, in order not to ``worsen . . . the competitive
position of the armed forces in attracting and retaining the numbers
and quality of members essential to the proper functioning of the
forces'' in context of the ``All Volunteer'' service. Congress, under
the Military Personnel and Compensation Amendments of 1980, approved
this request. The DoD disability directive written at this time
maintained the eight years length of service requirement only for pre-
existing conditions. That policy was removed from the regulations in
1996 after a legal finding that there was no law to support the policy.
Only in very rare instances is medical evidence provided that states
unequivocally that military service played no part in the progression
of the disease. In fact, such evidence has been presented for just a
handful of diseases i.e. (Retinitis Pigmentosa, Huntington's Chorea)
and the Services have found their hands tied by current DoD policy and
legislation.
This amendment offered by myself and Mr. Buyer would place in law a
well-conceived and once well-executed policy and has the strong support
of the Department of Defense. Adoption of this proposal would provide
compensation to a small number of deserving people--perhaps 50
annually--that are afflicted by hereditary or congenital disease
undetected at the time they joined the military.
These affected service members are patriots, who after faithfully
serving their country for at least eight years, are now told they are
no longer fit for military duty because of a pre-existing condition.
These men and women joined the military in good faith and it is that
good faith that we must return to them. Mr. Buyer and I strongly urge
our colleagues to support the amendment.
The CHAIRMAN pro tempore. All time has expired.
The question is on the amendment offered by the gentleman from
Indiana (Mr. Buyer).
The question was taken; and the Chairman pro tempore announced that
the ayes appeared to have it.
Mr. BUYER. Madam Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to House Resolution 200, further proceedings
on this question will be postponed.
It is now in order to consider amendment No. 16 printed in House
Report 106-175.
Amendment No. 16 offered by Mr. Traficant
Mr. TRAFICANT. Madam Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part A, amendment No. 16 offered by Mr. Traficant:
At the end of subtitle C of title X (page 283, after line
6), insert the following new section:
SEC. 1024. ASSIGNMENT OF MEMBERS TO ASSIST IMMIGRATION AND
NATURALIZATION SERVICE AND CUSTOMS SERVICE.
(a) Assignment Authority of Secretary of Defense.--Chapter
18 of title 10, United States Code, is amended by inserting
after section 374 the following new section:
``Sec. 374a. Assignment of members to assist border patrol
and control
``(a) Assignment Authorized.--Upon submission of a request
consistent with subsection (b), the Secretary of Defense may
assign members of the Army, Navy, Air Force, and Marine Corps
to assist--
``(1) the Immigration and Naturalization Service in
preventing the entry of terrorists and drug traffickers into
the United States; and
``(2) the United States Customs Service in the inspection
of cargo, vehicles, and aircraft at points of entry into the
United States to prevent the entry of weapons of mass
destruction, components of weapons of mass destruction,
prohibited narcotics or drugs, or other terrorist or drug
trafficking items.
``(b) Request for Assignment.--The assignment of members
under subsection (a) may occur only if--
``(1) the assignment is at the request of the Attorney
General, in the case of an assignment to the Immigration and
Naturalization Service, or the Secretary of the Treasury, in
the case of an assignment to the United States Customs
Service; and
``(2) the request of the Attorney General or the Secretary
of the Treasury (as the case may be) is accompanied by a
certification by the President that the assignment of members
pursuant to the request is necessary to respond to a threat
to national security posed by the entry into the United
States of terrorists or drug traffickers.
``(c) Training Program.--If the assignment of members is
requested under subsection (b), the Attorney General or the
Secretary of the Treasury (as the case may be), together with
the Secretary of Defense, shall establish a training program
to ensure that members to be assigned receive general
instruction regarding issues affecting law enforcement in the
border areas in which the members will perform duties under
the assignment. A member may not be deployed at a border
location pursuant to an assignment under subsection (a) until
the member has successfully completed the training program.
``(d) Conditions on Use.--(1) Whenever a member who is
assigned under subsection (a) to assist the Immigration and
Naturalization Service or the United States Customs Service
is performing duties at a border location pursuant to the
assignment, a civilian law enforcement officer from the
agency concerned shall accompany the member.
``(2) Nothing in this section shall be construed to--
``(A) authorize a member assigned under subsection (a) to
conduct a search, seizure, or other similar law enforcement
activity or to make an arrest; and
``(B) supersede section 1385 of title 18 (popularly known
as the `Posse Comitatus Act').
``(e) Notification Requirements.--The Attorney General or
the Secretary of the Treasury (as the case may be) shall
notify the Governor of the State in which members are to be
deployed pursuant to an assignment under subsection (a), and
local governments in the deployment area, of the deployment
of the members to assist the Immigration and Naturalization
Service or the United States Customs Service (as the case may
be) and the types of tasks to be performed by the members.
``(f) Reimbursement Requirement.--Section 377 of this title
shall apply in the case of members assigned under subsection
(a).
``(g) Termination of Authority.--No assignment may be made
or continued under subsection (a) after September 30,
2002.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 374 the following new item:
``374a. Assignment of members to assist border patrol and control.''.
The CHAIRMAN pro tempore. Pursuant to House Resolution 200, the
gentleman from Ohio (Mr. Traficant) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Ohio (Mr. Traficant).
Mr. TRAFICANT. Madam Chairman, I yield myself such time as I may
consume.
Madam Chairman, they say this is a perennial Traficant amendment. For
12 years I worked to change the budget surplus in an IRS civil tax
case, 12 years, and yes, this is 3 years in a row, because a report
recently filed said the greatest national security threat facing the
American people is not a foreign enemy per se and their missiles, it is
the easy access to America by terrorists and drug smugglers, and our
borders are wide open.
The Traficant amendment does not mandate troops on the border. It
says if the administration has an emergency and calls them, which they
can, it codifies the conditions by which those troops shall be placed.
They must be trained. They can never go out alone. They cannot make
arrests.
Let me say this, only 3 out of 100 trucks coming across our borders
are even inspected, and we are building houses and giving rabies
vaccinations in Haiti, guarding borders in the mideast, waging
peacekeeping missions all over the world. The number one security
threat facing America and the weak link is our border.
Madam Chairman, I reserve the balance of my time.
Mr. BUYER. Madam Chairman, I rise in opposition to the amendment,
reluctantly, and I yield myself such time as I may consume.
Madam Chairman, I again reluctantly oppose the amendment for the
following reasons: It is unnecessary. The President of the United
States already has the inherent authority to declare a national
emergency and employ national reserves to protect the borders of the
United States. It is inherent within the constitutional powers of the
president. If we cannot protect our own borders within those inherent
powers, we do not have to specifically ordain, we do not have to
enumerate nor dictate to the President of the United States.
This amendment seeks to protect our border against terrorists and
weapons of mass destruction. In fact, major initiatives are already
underway to mobilize the Nation against such threats through the
utilization of the National Guard weapons of mass destruction programs.
The evidence is overwhelming that our military forces are stretched
to a
[[Page H4037]]
breaking point. Readiness is suffering due to an overcommitment and
underresourcing. We have just added Kosovo to the many locations around
the world where the United States forces will be semi-permanently
assigned to a major new mission, like policing the border. Redirecting
many military personnel to nonmilitary missions would increase the
negative impact on military readiness.
Under U.S. law, law enforcement is historically and properly left to
the Department of Justice and its agencies, as it should be. The United
States military is precluded from becoming a police force, under the
posse comitatus act. We ought not to change the basic principle.
We have had many discussions about this, and I compliment the
gentleman's tenacity over the years in bringing this amendment. But if
it is the border the gentleman wants to strengthen, we can do that
through other proper agencies and not through the use of a military
force.
At a time when this Nation has embraced the North American Free Trade
Agreement and we want to have even better relations with Mexico and
Canada, putting a military force on the border itself sends a very
awful message to our friend to the south.
I urge my colleagues to vote ``no'' on this amendment.
Mr. TRAFICANT. Madam Chairman, I yield 1 minute to the gentleman from
California (Mr. Bilbray).
Mr. BILBRAY. Madam Chairman, I ask my colleagues to think, instead of
feel. I know they are worried about a negative message being sent. But
let me say to my colleague that Mexico places their troops along the
border because they recognize that the battle against drugs is going to
have to be fought on the border.
The concept of political correctness, of what might look bad is
unimportant to Mexico. They know how desperate the situation is. They
put their troops where the problem exists. We send our troops all over
the world. We are ready to send another 7,000 to Kosovo to protect
other neighborhoods and other borders.
What about the American neighborhoods that are being poisoned by
drugs today? Is it too much to ask that the American taxpayer who pays
for these troops, be allowed to be protected from drugs by these
troops?
Madam Chairman, I want to point out, almost every State along the
border has committed its National Guard to helping along the border at
addressing this crisis. Is it too much to say, with good training and
appropriate supervision, that the United States Federal Government will
make its contribution, too, in every way possible?
Please, common sense says we should be doing as much for our American
citizens as we are doing for people all over the world.
Mr. BUYER. Madam Chairman, I yield 1\1/2\ minutes to the gentleman
from Texas (Mr. Reyes).
Parliamentary Inquiry
Mr. REYES. Madam Chairman, parliamentary inquiry. There are a number
of Members that would like a unanimous consent to be in opposition to
the amendment.
Do I yield time, or does it count against my 1\1/2\ minutes? What is
the procedure? Obviously, we do not have enough time to have everybody
speak.
The CHAIRMAN pro tempore. The gentleman is recognized for 1\1/2\
minutes, during which time he may yield to anyone he wishes within the
1\1/2\ minutes that he has been yielded.
Mr. REYES. It will count against my time?
The CHAIRMAN pro tempore. That is correct. The gentleman is
recognized for 1\1/2\ minutes.
Mr. REYES. Madam Chairman, I yield such time as he may consume to the
gentleman from California (Mr. Filner).
(Mr. FILNER asked and was given permission to revise and extend his
remarks.)
Mr. FILNER. Madam Chairman, I rise in opposition to the Traficant
amendment.
Mr. Chairman, I rise to oppose the Amendment by the gentleman from
Ohio.
I do want to commend my colleague from Ohio for his dedication and
tenacity in fighting drugs. Every member of this body, I am sure,
shares his commitment to ending this scourge on our society. But, while
we share the same goals, we do have a difference in opinion on how to
eradicate drug smuggling and drug abuse.
The District I represent sits on the Mexican border. One of the
crossings in my District is the busiest border crossing in the entire
world! So, I have personal experience with the border and all the
opportunities and challenges associated with border crossings.
There is no question that we must gain better control of our borders.
There have been Herculean efforts by the Immigration and Naturalization
Service, the Customs Service, the Drug Enforcement Agency, the Federal
Bureau of Investigation, and many other government agencies, including
state and local agencies. All these agencies are to be commended for
their efforts and dedication to controlling our borders and ending the
illegal crossing of narcotics and narcotics smugglers.
And, though much remains to be done, I have serious and grave
reservations about this proposal to literally arm the border. Yes, we
need to better control the border, but placing armed military personnel
on our borders, who are trained to fight and win wars by killing
people, is not the answer.
The United States military is the best equipped, best trained, most
disciplined, and most efficient in the world. Our military can win any
war that the American people choose to fight. But, the brave men and
women serving in our Armed Forces win those wars by killing people. As
repulsive and unforgiving as killing is, it is the way wars are won.
With people who are trained to kill other people patrolling our own
border, I fear for the safety of our own citizens--not from intent, but
from accident.
I also want to remind everyone that Mexico is a friendly country.
They have made no attempts at invasion since the Alamo. Accordingly, I
believe this proposal could do serious damage to a relationship that is
fragile, at best.
Mr. Chairman, we must find new and innovative methods for stopping
illegal drugs from coming into our country and killing our people. But
I do not believe arming the Mexican-American border with the United
States military is the best way. I call on my colleagues to not limit
themselves to old and easy ideas for ending this scourge of deadly
drugs. Let us think beyond the conventional solutions of greater force
and move toward new proposals.
{time} 1115
Mr. REYES. Madam Chairman, I yield such time as he may consume to the
gentleman from Texas (Mr. Ortiz).
(Mr. ORTIZ asked and was given permission to revise and extend his
remarks.)
Mr. ORTIZ. Madam Chairman, I oppose the amendment. I think that the
gentleman from Ohio (Mr. Traficant) has made some good points about
terrorism, but this is something that Immigration and Customs can do. I
rise in opposition to the amendment at this time.
Mr. REYES. Madam Chairman, I yield myself such time as I may consume.
Madam Chairman, I have a tremendous amount of respect for both the
gentleman from Ohio (Mr. Traficant) and those Members of Congress that
are frustrated about the specter of terrorism, drugs, and all of these
other things. But these are the facts: 90 percent of the drugs enter
through our ports of entry. As the gentleman from Ohio (Mr. Traficant)
mentioned, only three of out of every 100 trucks are inspected.
Currently there are only 8,000 Border Patrol agents to cover our
border. We need 20,000 to do the job. $1.9 million was paid out in a
settlement to the Ezequiel Hernandez family as he was shot by a
military patrol in Texas on the border.
The needs of the border are this: We need to understand and have a
common-sense approach from this Congress. We need more Border Patrol
agents. We need more Customs inspectors. We need more INS inspectors.
We also need to support the technology that will make us effective in
inspecting those trucks at the ports of entry.
The consequences I see are, are we moving towards marshal law, not
just for border communities, but throughout the country? Are we going
to have armed personnel from the United States military in our
neighborhoods, not just on the border, but throughout the country? Are
we going to have another Ezequiel Hernandez incident?
This has a tremendous impact, not only on border communities, but on
this country and a tremendous impact on the readiness and our ability
to deploy our troops and expect the best from our armed forces.
Mr. TRAFICANT. Madam Chairman, I yield myself such time as I may
consume.
[[Page H4038]]
(Mr. TRAFICANT asked and was given permission to revise and extend
his remarks.)
Mr. TRAFICANT. Madam Chairman, I want every Member of Congress to
look at the chart that the opposition brought in. I want the chairman
of the subcommittee to look at it. I want the Committee on National
Security to look at it. We are talking about every country all over the
world, and the National Security report came out and said the biggest
weakness to America's national security is our own border.
Listen carefully. Increased availability of inexpensive cruise
missiles and the capability to fabricate and introduce biotoxins and
chemical agents into the United States at record levels, warheads
housing nuclear/chemical/biological weapons proliferating, effective
missile defenses needed.
But look at our borders. Although not seriously considered, coastal
and border defense of the homeland is a challenge that needs attention.
Infiltration of our borders by drug smugglers and contraband goods
illustrates a dangerous problem.
Now let me say this. Only three out of 100 trucks. Where are the
agents? I support the agents. This does not even deal with immigration.
Terrorists finance their business with narcotics. Congress talks about
a war on narcotics.
All we have is a war going on in Kosovo. We are building homes in
Haiti and giving vaccinations to dogs in Haiti, and the damn border is
wide open, and I am going to hear this. The committee would not even
have had a debate on our border if it was not for this amendment.
Now, this amendment may not pass this time, but 90 percent of the
American people are fed up with a Congress that does nothing and talks
about a war on crime and a war on terrorism when we are ripe and wide
open.
I want to say one last thing. I want some support in a conference.
There is not enough anatomy in the other body to even consider these
issues. This is the House of Representatives. Show some backbone.
I do not mandate these troops. The President must ask for them. But
by God, if he gets them, the Traficant law says they cannot violate
posse comitatus. They must be trained. They must give notice to the
governors, and it must be coordinated.
Now, that is the way it is. I expect the support of this House today.
Announcement by the Chairman Pro Tempore
The CHAIRMAN pro tempore (Mrs. Emerson). The Chair will remind
Members that the use of profanity in the Chamber is not permitted.
Mr. BUYER. Madam Chairman, I yield myself such time as I may consume.
I would say to the gentleman from Ohio (Mr. Traficant) that your
passion is real. It is misdirected. It should not be the troops on the
border, it should be increasing Customs, INS and DEA.
Madam Chairman, I yield 45 seconds to the gentleman from Arizona (Mr.
Kolbe).
Mr. KOLBE. Madam Chairman, I admire the gentleman from Ohio (Mr.
Traficant), and as the gentleman from Indiana (Mr. Buyer) said, for his
tenacity, but I disagree strongly with his proposal to militarize our
border, to put a significant part of my congressional district under
martial law.
He is not talking about martial law in Youngstown, Ohio. He is not
talking about martial law in New York City. He wants to clear the
streets of gangs and drug dealers. What about clearing them with
military troops there in those cities as well?
He wants to use the military resources to help stop drugs at our
borders and prevent terrorists. Guess what. It is happening. It is
happening right now. Joint Task Force 6, located in El Paso, Texas, is
doing that.
Here are some of the things that the military does now along the
border. Army engineering groups are building roads and fences along the
border so that we can patrol it. We have the National Guard unloading
trucks at our crossing stations so they can be inspected for drugs. We
have the Air Force operating our aerostats which provide radar coverage
against drug-smuggling aircraft. It is Customs that should deal with
this. It is Immigration and Border Patrol that should deal with this;
it is not the military role to deal with this.
I urge my colleagues to defeat this amendment.
Ms. JACKSON-LEE of Texas. Madam Chairman. I rise in strong opposition
to the Traficant amendment to place armed troops on the border. This
great nation of ours is both a nation of immigrants and a nation of
laws, not a nation against immigrants. This means that we have laws,
but we also have fairness, we also have due process, and yes, we have a
group of hardworking men and women who make up the U.S. Border Patrol.
Rather than giving up and becoming a military police-state, let's
continue to support our Border Patrol and do everything we can to
improve the border patrol. I have joined with Congressman Sylvestre
Reyes to introduce H.R. 1881, the Border Patrol Recruitment and
Retention Act of 1999. This legislation will provide incentives and
support for recruiting and retaining border patrol agents. This
legislation would increase the compensation for Border Patrol agents
and allow the Border Patrol agency to recruit its own agents without
relying on personnel offices of the INS.
The Border Patrol is not able to recruit enough agents to meet this
authorizing level. Therefore, after speaking with the budget analysts
at the INS, an additional $3.7 million is needed to raise the starting
salary level from GS-5 level to GS-7 level, which will be slightly over
$30,000 and comparable with the other federal law enforcement agencies.
Apparently Madam Chairman, the Border Patrol Agency loses a lot of
its agents when they reach the GS-9 level, and that salary level is
around $33,000 because there is currently a ceiling on how much an
agent can earn. We must do this every year Madam Chairman until FY
2001, which is the remaining authorizing years for Border Patrol agents
as mandated by the 1996 law.
Let's not line up troops along the border. The military is not
supposed to be used for such purposes. Let's beef up our nation's
Border Patrol and pass H.R. 1881, the Border Patrol Recruitment and
Retention Act of 1999.
The CHAIRMAN pro tempore. The question is on the amendment offered by
the gentleman from Ohio (Mr. Traficant).
The question was taken; and the Chairman pro tempore announced that
the noes appeared to have it.
Mr. TRAFICANT. Madam Chairman, I demand a recorded vote, and pending
that, I make the point of order that a quorum is not present.
The CHAIRMAN pro tempore. Pursuant to House Resolution 200, further
proceedings on the amendment offered by the gentleman from Ohio (Mr.
Traficant) will be postponed.
The point of no quorum is considered withdrawn.
Sequential Votes Postponed in Committee of the Whole
The CHAIRMAN pro tempore. Pursuant to House Resolution 200,
proceedings will now resume on those amendments on which further
proceedings were postponed in the following order: Amendment No. 15
offered by the gentleman from Indiana (Mr. Buyer) and amendment No. 16
offered by the gentleman from Ohio (Mr. Traficant).
The Chair will reduce to 5 minutes the time for the electronic vote
after the first vote in this series.
Amendment No. 15 Offered By Mr. Buyer
The CHAIRMAN pro tempore. The pending business is the demand for a
recorded vote on the amendment offered by the gentleman from Indiana
(Mr. Buyer) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN pro tempore. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 425,
noes 0, not voting 9, as follows:
[Roll No. 185]
AYES--425
Abercrombie
Ackerman
Aderholt
Allen
Andrews
Archer
Armey
Bachus
Baird
Baker
Baldacci
Baldwin
Ballenger
Barcia
Barr
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bass
Bateman
Becerra
Bentsen
Bereuter
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop
Blagojevich
Bliley
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonior
Borski
Boswell
Boucher
Boyd
Brady (PA)
Brady (TX)
Brown (FL)
Brown (OH)
Bryant
[[Page H4039]]
Burr
Burton
Buyer
Callahan
Calvert
Camp
Campbell
Canady
Cannon
Capps
Capuano
Cardin
Carson
Castle
Chabot
Chambliss
Chenoweth
Clay
Clayton
Clement
Clyburn
Coble
Coburn
Collins
Combest
Condit
Conyers
Cook
Costello
Cox
Coyne
Cramer
Crane
Crowley
Cubin
Cummings
Cunningham
Danner
Davis (FL)
Davis (IL)
Davis (VA)
Deal
DeFazio
DeGette
Delahunt
DeLauro
DeLay
DeMint
Deutsch
Diaz-Balart
Dickey
Dicks
Dingell
Dixon
Doggett
Dooley
Doolittle
Doyle
Dreier
Duncan
Dunn
Edwards
Ehlers
Ehrlich
Emerson
Engel
English
Eshoo
Etheridge
Evans
Everett
Ewing
Farr
Fattah
Filner
Fletcher
Foley
Forbes
Ford
Fossella
Fowler
Frank (MA)
Franks (NJ)
Frelinghuysen
Frost
Gallegly
Ganske
Gejdenson
Gekas
Gephardt
Gibbons
Gilchrest
Gillmor
Gilman
Gonzalez
Goode
Goodlatte
Goodling
Gordon
Goss
Graham
Granger
Green (TX)
Green (WI)
Greenwood
Gutierrez
Gutknecht
Hall (OH)
Hall (TX)
Hansen
Hastings (FL)
Hastings (WA)
Hayes
Hayworth
Hefley
Herger
Hill (IN)
Hill (MT)
Hilliard
Hinchey
Hinojosa
Hobson
Hoeffel
Hoekstra
Holden
Hooley
Horn
Hostettler
Houghton
Hoyer
Hulshof
Hunter
Hutchinson
Hyde
Inslee
Isakson
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
John
Johnson (CT)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Kelly
Kennedy
Kildee
Kilpatrick
Kind (WI)
King (NY)
Kingston
Kleczka
Klink
Knollenberg
Kolbe
Kucinich
Kuykendall
LaFalce
LaHood
Lampson
Lantos
Largent
Larson
Latham
LaTourette
Lazio
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lowey
Lucas (KY)
Lucas (OK)
Luther
Maloney (CT)
Maloney (NY)
Manzullo
Markey
Martinez
Mascara
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McCrery
McDermott
McGovern
McHugh
McInnis
McIntosh
McIntyre
McKeon
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Metcalf
Mica
Millender-McDonald
Miller (FL)
Miller, Gary
Miller, George
Minge
Mink
Moakley
Mollohan
Moore
Moran (KS)
Moran (VA)
Morella
Murtha
Myrick
Nadler
Napolitano
Neal
Nethercutt
Ney
Northup
Norwood
Nussle
Oberstar
Obey
Ortiz
Ose
Owens
Oxley
Packard
Pallone
Pascrell
Pastor
Paul
Payne
Pease
Pelosi
Peterson (MN)
Peterson (PA)
Petri
Phelps
Pickering
Pickett
Pitts
Pombo
Pomeroy
Porter
Portman
Price (NC)
Pryce (OH)
Quinn
Radanovich
Rahall
Ramstad
Rangel
Regula
Reyes
Reynolds
Riley
Rivers
Rodriguez
Roemer
Rogan
Rogers
Rohrabacher
Ros-Lehtinen
Rothman
Roukema
Roybal-Allard
Royce
Rush
Ryan (WI)
Ryun (KS)
Sabo
Salmon
Sanchez
Sanders
Sandlin
Sanford
Sawyer
Saxton
Scarborough
Schaffer
Schakowsky
Scott
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shows
Shuster
Simpson
Sisisky
Skeen
Skelton
Slaughter
Smith (MI)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Souder
Spence
Spratt
Stabenow
Stark
Stearns
Stenholm
Strickland
Stump
Stupak
Sununu
Sweeney
Talent
Tancredo
Tanner
Tauscher
Tauzin
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Thune
Thurman
Tiahrt
Tierney
Toomey
Towns
Traficant
Turner
Udall (CO)
Udall (NM)
Upton
Velazquez
Vento
Visclosky
Vitter
Walden
Walsh
Wamp
Waters
Watkins
Watt (NC)
Watts (OK)
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Wexler
Weygand
Whitfield
Wicker
Wilson
Wise
Wolf
Woolsey
Wu
Young (AK)
Young (FL)
NOT VOTING--9
Bono
Brown (CA)
Cooksey
Hilleary
Holt
Kasich
Lofgren
Olver
Wynn
{time} 1144
Mr. MOLLOHAN changed his vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
____________________