[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
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                             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.

                          ____________________