August 4, 1986 CONGRESSIONAL RECORD-HOUSE 18857 HOUSE OF REPRESENTATIVES-Monday, August 4, 1986

The House met at 12 noon. lands in Socorro County, NM, to the New Mr. Speaker, John William Bricker was born The Chaplain, Rev. James David Mexico Institute of Mining and Technology. on a farm near Mount Sterling, Madison Ford, D.D., offered the following County, OH, on September 6, 1893. He at­ prayer: CONSENT CALENDAR tended the county schools and Mount Sterling Bless all those, 0 gracious God, who High School. He graduated from the Ohio labor in this place and who use their The SPEAKER. This is the day for State University at Columbus, A.B., 1916 and gifts and talents in the service of Gov­ the call of the Consent Calendar. from its law department LLB., 1920, and ernment. May their devotion to their The Clerk will call the eligible bill LLD., 1940. He was admitted to the bar in tasks, their long hours of labor, their on the Consent Calendar. 1917 and commenced practice in Columbus, commitment and concern find appre­ OH, in 1920. During the First World War, John ciation from those who benefit from JOHN W. BRICKER BUILDING Bricker served as first lieutenant and chaplain their dedication. May each of us in all in the U.S. Army in 1917 and 1918. He was we do, ever seek to do justice, love The Clerk called the bill United States of delegate to the Republican National Conven­ Pursuant to clause 1, rule I, the America in Congress assembled, Journal stands approved. tions from 1936 to 1968, except 1944. John SECTION I. DESIGNATION. Bricker was elected as a Republican to the The Federal Building located at 200 i{ orth U.S. Senate in 1946 and served admirably MESSAGE FROM THE SENATE High Street, Columbus, Ohio, is designated as the "John W. Bricker Building." from January 3, 1947, to January 3, 1959. A message from the Senate by Mr. During his tenure in the U.S. Senate, Senator Hallen, one of its clerks, announced SEC. 2. REFERENCE. Any reference in a law, map, regulation, Bricker was held in high esteem by his col­ that the Senate had passed without document, record, or other paper of the leagues. amendment bills of the House of the United States to that building shall be In view of his outstanding record of public following titles: deemed to be a reference to the "John W. service, it is most fitting and appropriate to H.R. 1740. An act to direct the Secretary Bricker Building." name the Federal building at Spring and High of the Interior to release a reversionary in­ With the following committee Streets in Columbus, OH, as the "John W. terest in certain lands in Orange County, Bricker Federal Building." Florida, which were previously conveyed to amendment in the nature of a substi­ Orange County, FL; and tute: The bill was ordered to be engrossed H.R. 1795. An act to exempt certain lands Strike out all after the enacting clause and read a third time, was read the in the State of Mississippi from a restriction and insert in lieu thereof the following: third time, and passed. set forth in the Act of April 21, 1806. SECTION 1. DESIGNATION. The title of the bill was amended so The message also announced that The Federal Building located at 200 North as to read: "A bill to designate the the Senate agrees to the amendments High Street, Columbus, Ohio, is designated Federal Building at Spring and High of the House to the bill

D This symbol represents the time of day during the House proceedings, e.g., 0 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. 18858 CONGRESSIONAL RECORD-HOUSE August 4, 1986 Mr. RICHARDSON. Mr. Speaker, ment, the horse stays with me until I Well, that's what the House's re­ only in America would a repressive dic­ have given you the third lash. And I write of the Higher Education Act tator Daniel Ortega get favorable pub­ am in no hurry to give you the third would do. licity. As Ortega tries to rally support lash-no hurry at all," and he rode The House bill makes students eligi­ for his cause, here is one Member of away, leaving the covetous horse ble for all Federal student aid if they Congress who votes against aid to the trader sputtering with rage, and the are citizens, or permanent residents, or Contras, but who is singularly unim­ town folk chuckling with glee. have received a diploma from an pressed with Mr. Ortega's commitment Mr. Speaker, in spite of the en­ American secondary school. to peace and democracy. I am sure I treaties of Treasury Secretary Baker, Since our secondary schools are am not alone. the latter-day German and Japanese under court order to educate children I would like to see Mr. Ortega out of "Eulenspiegels" refuse to administer of illegal aliens, and since many other office by the ballot box, but not by the third whack to the dollar, and so foreign students in scholarship and ex­ force, and not by the Contras. The the chance to export what Uncle Sam change programs receive U.S. diplo­ prospects for this are dim, because in has been promised remains a dream. mas, there could be large numbers of Nicaragua the ballot box is a form of The moral for the Secretary is that it aliens qualifying for taxpayer-fi­ electoral freedom that is not terribly takes more than covetousness and nanced grants and loans. important. masochism to develop export markets. Mr. Speaker, this is ridiculous? The And while we chastise repressive Above all, it takes a dollar with a fixed U.S. taxpayer should not be forced to right-wing dictators like Pinochet in gold content which cannot be send illegal aliens to college! We must Chile and Botha in South Africa, let whacked, abused, and ridiculed by any­ get rid of this provision! us not forget the left-wing despots like body with impunity, in plain view of The Higher Education reauthoriza­ Ortega and Fidel Castro. Recently an the whole world. tion is already in conference with the account came out of Cuba by a politi­ Senate. As a member of the confer­ cal prisoner named Valladares who ence committee, I'm going to fight for spoke about Castro's torture chambers LET US NOT COLLECT MONEY the interests of the taxpayers. and repression. If his accounts are cor­ ON PHONY ISSUES rect, Castro makes all despots look like Ronald Reagan's popularity by cause of the way it helps small busi­ saying if you send in your money, ness get its fair share of Government HE WHO HAS THE WITS METES maybe they can repeal it and maybe procurement contracts. OUT THE WHACKS we can have him for a third term. I'm proud of the program and I want (Mr. DANNEMEYER asked and was They are really all wrong, because if to see it stronger, not weaker. given permission to address the House you remember, the persons who intro­ That's why I am concerned about a for 1 minute and to revise and extend duced the 22d amendment happened small, unnoticed section of the upcom­ his remarks.) to be Republicans, and the reason ing defense authorization bill. This Mr. DANNEMEYER. Mr. Speaker, they happened to do it was because of section, 911 and (e), would have a once upon a time, there lived a prank­ Roosevelt and Roosevelt's popularity. radical and devastating impact on the ster by the name of Till Eulenspiegel, So they do not have any real beef with entire small business set-aside pro­ who made it his business to help the Democrats. I think the Democrats gram. people make fools of themselves. One would like to repeal the 22d amend­ I urge everyone who is listening to day he went to the fair riding a mag­ ment. examine closely these two small sec­ nificent horse, where a crafty horse I am sure that those of us on the Ju­ tions of the massive DOD bill. trader wanted to dupe him in making diciary Committee could move that They affect all Government procure­ him an offer to trade. Till said: "Al­ repeal very rapidly just as soon as Vice ment, not just DOD. They affect all right, I will give you the deal of your President BUSH, JACK KEMP, and Sena­ small businesses in every congressional life and turn the horse over to you tor DOLE bring the bill over to us. I district. The House Small Business free and clear, after I have given you guarantee you we will have hearings Committee, of which I am a member, three good lashes with my whip." The and we will have it out here. is on record opposing such proposals. horse trader decided that the indignity So let us get serious about this and How did they get into the DOD bill? of being whipped in public was a let us not collect money from people No one seems to know. But to help cheap price to pay for the dream on phony issues. small business in your district, vote for horse. His only condition was that the the Cooper amendment to strike these transaction be witnessed by the mayor sections from the bill. and the elders of the town, "Indeed," U.S. TAXPAYERS SHOULD NOT Till replied, "and by the rest of the PAY FOR ILLEGAL ALIENS TO town as well!" When the town folk as­ ATTEND COLLEGE ANNOUNCEMENT BY THE sembled, he smartly laid his whip that nothing in the amendment made choice and expanded access to health The Clerk read as follows: by subsection (a) shall interfere with appli­ care. cable institutional anesthesia practice rules, Freedom of choice is a hallmark of H.R. 4825 or State or local law, governing supervision the FEHBP. As the largest employer­ Be it enacted by the Senate and House of of a certified registered nurse anesthetist by sponsored group health program in Representatives of the United States of another health practitioner; and (2) that such amendment, as it relates to a the world, the FEHBP includes almost America in Congress assembled, 300 plans, offering employees a wide SECTION 1. AUTHORITY TO PAY OR REIMBURSE certified registered nurse anesthetist, shall CERTAIN ADDITIONAL HEALTHCARE apply only with respect to a certified regis­ range of options for meeting their PROFESSIONALS. tered nurse anesthetist who is self-employed health insurance needs. (a) IN GENERAL.-Section 8902(k) of title 5, and licensed or certified under Federal or Freedom of choice is important United States Code, is amended- State law, as applicable. within plans, as well. However, those (1) in paragraph (1), by inserting "except (C) IMPLEMENTING REGULA110NS.-Regula­ Federal employees enrolled in fee-for­ if, or to the extent that, any such supervi­ tions or instructions issued to carry out the service plans do not always have direct sion or referral is required under State or amendments made by subsection shall reflect the statement of congressional access to the qualified health provid­ local law, or regulations issued thereunder, ers of their choice. Currently, FEHBP as described in subsection and LAW. censed professional who provides a (3) as paragraphs (3) and (5), respectively; Section 8902(m) of title 5, United States health care service, simply because <3> by inserting after paragraph Cl> the Code, is amended- that professional is not a physician. following: (1) by redesignating paragraph Cl) as H.R. 4825 requires FEHBP plans to "(2)(A) When a contract under this chap­ paragraph <1 >; directly reimburse qualified nurses, ter requires payment or reimbursement for (2) by adding at the end of paragraph (l)(A) . an employee, annuitant, family "(B) Nothing in this chapter nor in the family therapists, and chiropractors member, or former spouse covered by the provisions of any contract under this chap­ for covered services rendered to Feder­ ter shall be considered to supersede or pre­ al enrollees. In order to be reimbursed, contract- empt any State or local law, or any regula­ "(i) shall be free to select, and shall have these professionals must be licensed or tion issued thereunder, which relates to li­ direct access to, such a health practitioner censing or certification to practice medicine, certified as qualified providers under without supervision or referral by another nursing, or another health profession."; and State law. health practitioner or otherwise), graph <2> to read as follows: "In applying increases the likelihood that FEHBP except if, or to the exent that, any such su­ this paragraph with respect to a qualified pervision or referral is required under State enrollees will be able to find the clinical social worker under section health care they need. This is especial­ or local law, or regulations issued thereun­ 890Hll> of this title, any provision of a der, as described in subsection O>; ly crucial in areas of mental health contract relating to the condition described care and primary care, in which Feder­ and in subsection <3> of this section shall "(ii) shall be entitled under the contract not be considered.". al employees' health needs may not to have payment or reimbursement made to always be met. In addition, a greater him or on his behalf for the services per­ SEC 3. EFFECTIVE DATE. The amendments made by this Act shall choice among providers will also pro­ formed. mote cost effectiveness within the "(B) This paragraph applies with respect be effective with respect to contracts en­ tered into or renewed for calendar years be­ FEHBP. Often, nonphysician provid­ to- ginning after the date of the enactment of ers charge fees lower than those of " Ci> a chiropractor; this Act. "(ii) a qualified clinical social worker, as physicians. defined by section 890Hll> of this title; The SPEAKER. Pursuant to the Mr. Speaker, Congress has acted "(iii) a marriage and family therapist; and rule, a second is not required on this before to expand access to nonphysi­ " a nurse midwife, nurse practitioner, . motion. cian providers under the FEHBP. Last and any other nurse; The gentlewoman from Ohio CMs. year, Congress passed H.R. 3384, a bill who is licensed or certified as such under OAKARJ will be recognized for 20 min­ which I authored to make a number of Federal or State law, as applicable."; utes and the gentleman from New improvements in the FEHBP, includ­ <4> in paragraph <3> by inserting "as defined by section 890Hll> of this title," after "qualified The Chair recognizes the gentle­ Reagan. The President stated that the clinical social worker,"; and woman from Ohio CMs. OAKAR]. issue warranted further study, includ­ by striking "As" and inserting "Sub­ Ms. OAKAR. Mr. Speaker, I yield ing congressional hearings. He also ject to subsection O>. as"; myself such time as I may consume. cautioned that a direct access policy

71--059 0-87-32 (Pt. 13) 18860 CONGRESSIONAL RECORD-HOUSE August 4, 1986 might be contrary to State laws regu­ not require expanded coverage for nurses who are qualified health care lating the practice of health care. health services. I realize that some op­ providers to be viewed as credible and Following the President's veto, Con­ ponents of this bill have charged oth­ economic participants in our changing gress responded with further action on erwise. In addition, opponents have health care system, eligible in their the direct access issue. First, we en­ implied that expanding access to non­ own right to be reimbursed for provid­ acted Public Law 99-251, directing the physician providers will raise costs or ing health care services. Office of Personnel Management lower the quality of health care. In summary, direct reimbursement: [OPMJ to study the feasibility of Clearly, the public hearing record, First, provides for consumer choice of direct reimbursement for nonphysi­ the CBO report, the OPM report, and health care provider and services best cian providers and report to Congress other documentation supporting this suited for his/her health care needs; no later than April 1. legislation indicate otherwise. By pass­ Second, provides for greater access of In its study, the OPM reported that ing H.R. 4825 today, we will increase the consumer to health care promot­ it independently encourages FEHBP freedom of choice for FEHBP enroll­ ing prevention and early detection and insurance carriers to allow direct ees and broaden their access to quality treatment, thus reducing more expen­ access to a variety of qualified health health care, without raising costs. This sive care associated with late diagnosis care providers. Currently, a number of bill represents an important improve­ and hospitalization; and third, pro­ FEHBP plans already permit such ment in the Federal Health Insurance vides high quality cost-effective alter­ access to nurse-midwives, clinical Program, especially in medically un­ natives in health care to the consumer social workers, chiropractors, and derserved areas, where insufficient and the insurer. other providers. Furthermore, the access and choice have threatened the Accordingly, I urge my colleagues to OPM study noted the successes of the quality of health care. fully support this legislation. medically underserved areas experi­ In conclusion, Mr. Speaker, this leg­ Mr. Speaker, I have no further re­ ment, in which direct access to non­ islation has been developed very care­ quests for time, and I yield back the physician providers was guaranteed. fully to expand freedom of choice and This program was important for assur­ promote cost effectiveness while pro­ balance of my time. ing that quality health care would be tecting the quality of health care. A Ms. OAKAR. Mr. Speaker, I yield available in medically underserved clear public record supports this initia­ myself such time as I may consume. areas. OPM concluded that, based on tive. The role of' States in regulating Mr. Speaker, I simply wanted to add this experiment, direct access would health care standards and practices is that I would like to pay my respect not increase program costs. respectfully recognized. H.R. 4825 has and gratitude to the gentleman from Second, the Subcommittee on Com­ strong bipartisan support. I encourage Mississippi, Mr. MONTGOMERY, and the pensation and Employee Benefits, my colleagues to vote "yes" for this gentleman from Arkansas, Mr. JOHN which I chair, held hearings on direct important reform. PAUL HAMMERSCHMIDT, who were due access and the OPM report. Witnesses to be recognized first but out of cour­ representing physician and nonphysi­ 0 1220 tesy to the gentleman from New York cian providers testified on a direct Mr. Speaker, I reserve the balance of Mr. GILMAN, and myself allowed us to access policy under the FEHBP. my time. precede them only on this bill. We All witnesses agreed that a Federal Mr. GILMAN. Mr. Speaker, I yield want to thank them very, very much. law should not conflict with State myself such time as I may consume. Mr. Speaker, I think it is a great statutes licensing health care provid­ Mr. Speaker, I rise in support of H.R. hallmark with the passage of this leg­ ers and regulating the practice of med­ 4825, legislation to amend title 5, Unit­ islation that we give access to all Fed­ icine. These laws protect the quality of ed States Code, to provide authority for eral employees, to all the different health care by ensuring that providers the direct payment or reimbursement types of licensed health practitioners. practice according to accepted guide­ of certain health care professionals; to When we do this, I think we are going lines and meet professional standards. clarify existing law with respect to co­ to maintain the quality care that we As a result of this testimony, I in­ ordination with State and local law; would like to have with respect to all cluded language in H.R. 4825 which re­ and for other purposes and I commend Americans and at the same time possi­ states and strengthens current policy the gentlewoman from Ohio for her bly lower the cost. I think that is what that Federal law governing the leadership and sponsorship of this vital it is all about. What we are saying FEHBP shall not override State or measure. today is that we respect all the health local laws which relate to the licensing With the current emphasis on cost­ providers of this country, whether or certification to practice medicine, effective health care, consumer rights they are physicians or people in the nursing, or another health profession. and improved delivery of health serv­ social work area or, in particular, some FEHBP insurance plans may not, ices, direct reimbursement for certain of my favorite people, the nurses. however, impose their own require­ health care practitioners becomes an Mr. Speaker. I yield back the bal­ ments on practitioners in addition to important consideration for consumers ance of my time. those mandated by law. To do so re­ and health care systems alike. The SPEAKER pro tempore is amended by inserting I move to suspend the rules and pass (!) by striking out "$81" in clause and after the second sentence the following new the bill and inserting in lieu thereof cent increase in the rates of compensa­ ciary to disclose any additional financial in­ "$139" and "$44'', respectively; formation concerning the beneficiary that is tion and of dependency and indemnity (3) by striking out "$56" and "$43" in within the fiduciary's knowledge.". compensation [DIC] paid by the Vet­ clause and inserting in lieu thereof erans' Administration and for other "$57" and "$44", respectively; SEC. 202. TREATMENT OF CERTAIN VETERANS' PRO­ (4) by striking out "$66" in clause and GRAMS UNDER BALANCED BUDGET purposes. AND EMERGENCY DEFICIT CONTROL The Clerk read as follows: inserting in lieu thereof "$67"; ACT OF 1985. <5) by striking out "$147" in clause H.R. 5299 and inserting in lieu thereof "$150"; and (a) SERVICE-CONNECTED PROGRAMS.-( 1) Chapter 1 of title 38, United States Code, is Be it enacted by the Senate and House of (6) by striking out "$124" in clause Representatives of the United States of and inserting in lieu thereof "$126". amended by adding at the end the following new section: America in Congress assembled, SEC. 103. CLOTHING ALLOWANCE FOR CERTAIN SECTION 1. SHORT TITLE; REFERENCES TO TITLE DISABLED VETERANS. "§ 113. Treatment of certain programs under se­ 38, UNITED STATES CODE. Section 362 is amended by striking out questration procedures (a) SHORT TITLE.-This Act may be cited "$360" and inserting in lieu thereof "$367". "(a) The following programs shall be as the "Veterans' Compensation Amend­ SEC. 104. DEPENDENCY AND INDEMNITY COMPEN­ exempt from inclusion in any joint report of ments of 1986". SATION FOR SURVIVING SPOUSES. the Directors of the Office of Management REFERENCEs.-Except as otherwise ex­ Section 411 is amended- and Budget and the Congressional Budget pressly provided, whenever in this act an (!) by striking out the table in subsection Office, and from inclusion in any presiden­ amendment or repeal is expressed in terms (a) and inserting in lieu thereof the follow­ tial order, under part C of the Balanced of an amendment to, or repeal of, a section ing: Budget and Emergency Deficit Control Act or other provision, the reference shall be Monthly Monthly of 1985 (2 U.S.C. 901 et seq.): considered to be made to a section or other "Pay grade rate " Pay grade rate "(l) Benefits under chapter 21 of this provision of title 38, United States Code. E-1 ...... $501 W - 4 ...... $717 E-2 ...... 515 Q-1 ...... 633 title, relating to specially adapted housing TITLE I-RATE INCREASES E-3 ...... 528 Q-2 ...... 653 for disabled veterans. E- 4 ...... 563 Q - 3 ...... 700 " (2) Benefits under chapter 907 of this SEC. 101. DISABILITY COMPENSATION. E-5 ...... 577 Q - 4 ...... 740 IN GENERAL.-Section 314 is amended­ E-6 ...... 590 Q-5 ...... 815 title, relating to burial benefits for veterans ( 1) by striking out "$68" in subsection E - 7 ...... 619 Q-6 ...... 918 who die as the result of a service-connected E-8 ...... 653 Q-7 ...... 992 disability. and inserting in lieu thereof "$69"; E-9 ...... I 682 Q-8 ...... 1,088 (2) by striking out "$126" in subsection (b) W-1 ...... 633 Q-9 ...... 1,168 "(3) Assistance under chapter 31 of this W - 2 ...... 658 Q-10 ...... 2 1,280 title, relating to training and rehabilitation and inserting in lieu thereof "$129"; W-3 ...... 677 (3) by striking out "$191" in subsection (c) for veterans with service-connected disabil­ ities. and inserting in lieu thereof "$195"; "' If the veteran served as sergeant major of the (4) by striking out "$274" in subsection (d) Army, senior enlisted advisor of the Navy, chief "(4) Benefits under chapter 35 of this master sergeant of the Air Force, sergeant major title, relating to educational assistance for and inserting in lieu thereof "$279"; of the Marine Corps, or master chief petty officer (5) by striking out "$388" in subsection of the Coast Guard, at the applicable time desig­ survivors and dependents of certain veter­ and inserting in lieu thereof "$396"; nated by section 402 of this title, the surviving ans with service-connected disabilities. (6) by striking out "$489" in subsection (f) spouse's rate shall be $736. "(5) Benefits under chapter 39 of this " 2 If the veteran served as Chairman of the Joint and inserting in lieu thereof "$499"; Chiefs of Staff, Chief of Staff of the Army, Chief title, relating to automobiles and adaptive (7) by striking out "$617" in subsection (g) of Naval Operations, Chief of Staff of the Air equipment for certain disabled veterans and Force, Commandant of the Marine Corps, or Com­ members of the Armed Forces. and inserting in lieu thereof "$629"; mandant of the Coast Guard, at the applicable (8) by striking out "$713" in subsection time designated by section 402 of this title, the "(b) The following accounts of the Veter­ and inserting in lieu thereof "$727"; surviving spouse's rate shall be $1,372."; ans' Administration shall be exempt from (9) by striking out "$803" in subsection (i) inclusion in any joint report of the Direc­ and inserting in lieu thereof "$819"; (2) by striking "$57" in subsection (b) and tors of the Office of Management and 00) by striking out "$1,362" in subsection inserting in lieu thereof "$58"; Budget and the Congressional Budget (j) and inserting in lieu thereof "$1,362"; (3) by striking "$147" in subsection and Office, and from inclusion in any presiden­ 01) by striking out "$62", "$1,659", and inserting in lieu thereof "$150"; and tial order, under part C of the Balanced "$2,325" in subsection (k) and inserting in (4) by striking out "$72" in subsection (d) Budget and Emergency Deficit Control Act lieu thereof "$63", "$1,692", and "$2,372", and inserting in lieu thereof "$73". of 1985 <2 U.S.C. 901 et seq.): respectively; SEC. 105. DEPENDENCY AND INDEMNITY COMPEN­ "(1) The following life insurance accounts: 02) by striking out "$1,659" in subsection SATION FOR CHILDREN. " The National Service Life Insurance (1) and inserting in lieu thereof "$1,692"; Section 413 is amended- Fund authorized by section 720 of this title. 03) by striking out "$1,829" in subsection (!) by striking out "$247" in clause (1) and "(B) The Service-Disabled Veterans Insur­ and inserting in lieu thereof "$1,866"; inserting in lieu thereof "$252"; ance Fund authorized by section 722 of this 04) by striking out "$2,080" in subsection (2) by striking out "$356" in clause (2) and title. and inserting in lieu thereof "$2,122"; inserting in lieu thereof "$363"; "(C) The Veterans Special Life Insurance <15) by striking out "$2,325" in each place (3) by striking out "$460" in clause (3) and Fund authorized by section 723 of this title. it appears in subsections and (p) and in­ inserting in lieu thereof "$469"; and "(D) The Veterans Reopened Insurance serting in lieu thereof "$2,372"; (4) by striking out "$460" and "$93" in Fund authorized by section 725 of this title. 06) by striking out "$998" and "$1,487'' in clause <4> and inserting in lieu thereof "(E) The United States Government Life subsection (r) and inserting in lieu thereof "$469" and "$95", respectively. Insurance Fund authorized by section 755 of "$1,018" and "$1,517", respectively; SEC. 106. SUPPLEMENTAL DEPENDENCY AND IN­ this title. 0 7) by striking out "$1,494" in subsection DEMNITY COMPENSATION FOR CHIL­ "(F) The Veterans Insurance and Indem­ and inserting in lieu thereof "$1,524"; DREN. nity appropriation authorized by section 719 and Section 414 is amended- of this title. 08) by striking out "$289" in subsection (!) by striking out "$147" in subsection "(2) The following revolving fund ac­ and inserting in lieu thereof "$295". and inserting in lieu thereof "$150"; counts: 18862 CONGRESSIONAL RECORD-HOUSE August 4, 1986 "(A) The Veterans' Administration Special (2) The amendment made by ·paragraph from Arkansas. He has helped write Therapeutic and Rehabilitation Activities <1) shall apply to fiscal year 1986 and each practically every law in place for veter­ Fund established by section 618(c) of this fiscal year thereafter. title. (3) The table of sections at the beginning ans during the past 20 years. I'm "CB) The Veterans' Canteen Service re­ of such chapter is amended by adding at the grateful, as are all members of the volving fund authorized by section 4204 of end of the items for subchapter III the fol­ committee, for the work of JOHN PAUL this title. lowing new item: HAMMERSCHMIDT. "(c){l) A benefit under section 901, 902, "1831. Exemption from certain provisions of I would now like to briefly summa­ 903, 906, or 908 of this title that is subject to law.". rize this bill for my colleagues. H.R. reduction under a sequestration order or se­ 5299 provides for 2 percent COLA for questration law shall be paid in accordance The SPEAKER pro tempore. Is a with the rates determined under the seques­ second demanded? service-connected veterans. The ad­ tration order or law of this title).''. in the Congress than the gentleman erans' Administration beneficiary to August 4, 1986 CONGRESSIONAL RECORD-HOUSE 18863 provide information to the agency also would consider the question of entitle­ ing spouses who are patients in a nursing which is necessary to establish the eli­ ment to service connection by presumption home or who are in need of the regular aid gibility of the beneficiary to be bene­ if the disabililty is a chronic disease becom­ and attendance of another person. fits. ing manifest within the prescribed period of time. If a veteran is granted service connec­ Surviving spouses qualified for DIC who The Congressional Budget Office tion, the percentage of disability is general­ are not so disabled as to request the regular [CBOl says the first-year cost of the ly based upon the findings of a VA examina­ aid and attendance of another person but bill will be $173 million in budget au­ tion. If a veteran with a service-connected who, due to disability, are permanently thority and $156 in outlays, which is disability should feel in some later year that housebound, may be granted a special allow­ within the budget resolution. the disability has increased in severity, evi­ ance of $72 monthly in addition to the DIC Mr. Speaker, I urge favorable consid­ dence of this, usually a statement of recent rate otherwise payable. eration of this legislation. medical treatment, may be presented to the Veterans' Administration to request reevalu­ If there is no surviving spouse receiving There follows background as well as ation of the disabililty. Should the Veter­ dependency and indemnity compensation a detailed explanation of the bill: ans' Administration deny service connection benefits but there is a surviving child, the COMPENSATION AND DEPENDENCY AND or deny a request for an increased rating, child is entitled to $247 monthly with addi­ INDEMNITY COMPENSATION the veteran may appeal the denial decision tional benefits for other children. BACKGROUND to the Board of Veterans' Appeals provided When a service-connected disability is There were 2,228,619 veterans receiving the veteran notifies the agency of his or her found to be the principal or contributory disability compensation as of July 1, 1986. disagreement with the decision within 1 cause of death, such death is considered to The Veterans' Administration expenditures year of the date of notification of the deci­ be service connected. These determinations for disability compensation for fiscal year sion. are made on a very liberal basis. For exam­ 1986 is expected to be $8.4 billion. The law provides that a case involving a ple, there are disabilities which by their The basic purpose of the disability com­ complex or controversial medical issue may be referred to a medical specialist outside of very nature are so overwhelming that even­ pensation program, throughout its history, tual death can be anticipated irrespective of has been one of providing a measure of the Veterans' Administration for an adviso­ ry opinion. The law also provides that, if coexisting condition. Even though such a relief from the impaired earning capacity of disability is nonservice-connected and is the veterans disabled as the result of their mili­ service connection for a veteran's disability tary service. The amount of compensation has been in existence for 10 or more years, primary cause of death, consideration is payable varies according to the degree of service connection may not be severed given to whether the coexisting service-con­ disability, which, in turn, is required by law except in the case of fraud. The law further nected conditions were of such severity as to to represent, to the extent practicable, the provides that a disability rated continuously have been a material influence in accelerat­ average impairment in earning capacity re­ at or above an evaluation for 20 or more ing death. Where death had been so acceler­ sulting from such disability or combination years shall not thereafter be rated at a ated, it will be considered service connected. of disabilities in civil occupations. lesser evaluation. The death of any veteran whose service-con­ To be eligible to receive disability compen­ The percentage of disability for a specific nected disabilities were the primary cause of sation a veteran must have contracted a dis­ disability is assigned by the Veterans' Ad­ ·death or contributed materially in produc­ ease, suffered an injury which is not the ministration. That agency has established a ing death would, of course, render the survi­ result of willful misconduct, or aggravated "schedule for rating disabilities" which is vor basically eligible for service-connected an existing disease or injury in the line of used as the guideline for the measuring of death benefits. duty during active duty service and have the degree of disability. Compensation is paid for disabilities at ratings of 10 percent, The same benefits provided for those enti­ been discharged under other than dishonor­ tled to DIC are also payable to surviving able conditions. 20 percent, 30 percent, and so forth up to The responsibility for determining a ver­ 100 percent. The amount of compensation spouses or children of certain veterans teran's entitlement to service connection for payable for each percentage of disability is whose deaths are not service-connected but a disability rests solely with the Veterans' established by law. Additional compensation who, at death, had been in receipt of total Administration. This determination is based is payable for the loss of a limb, blindness, <100 percent) ratings for service-connected upon the service medical records or other and other severe disabilities. Additional de­ disabilities. It is necessary for entitlement evidence which may be presented to the pendency allowance is payable to veterans under this provision that the 100-percent Veterans' Administration by the veteran. with a rating of 30 percent or more for a rating has been in effect continuously for at The law provides that if a veteran had serv­ spouse, minor children, or dependent par­ least 10 years at death; or continuously ice of 90 days or more during time of war or ents. since service and for at least 5 years. A sur­ after December 31, 1946, and develops a DEPENDENCY AND INDEMNITY COMPENSATION viving spouse must have been married to a chronic or tropical disease to a degree of 10 FOR SURVIVORS OF VETERANS WHO HA VE DIED veteran for at least 2 years at the time of percent or more within 1 year of his dis­ OF SERVICE-CONNECTED CAUSES death before entitlement exists. charge from such service, service connection As of July 1986, there are 261,345 spouses Historically, the Congress has increased may be granted by presumption. Service and 50,911 children receiving dependency compensation rates whenever there has connection may be granted by presumption and indemnity compensation CDIC]. These been an appreciable increase in the cost-of­ for active tuberculosis or Hansen's disease are the survivors of more than 300,000 vet­ living index, since the rates are not indexed (leprosy) which becomes manifest to a erans who either died in service or who died degree of 10 percent or more within 3 years of service-connected causes. Over $2.0 bil­ to the consumer price index by law. This is of a veteran's discharge from such service lion is expected to be paid in fiscal year 1986 necessary to ensure that inflation does not and for multiple sclerosis becoming mani­ to the survivors. Widows and children of erode the purchasing power of those receiv­ fest to a 10-percent degree within 7 years of veterans who died of causes determined to ing compensation and DIC benefits. a veteran's discharge from such service. In be service-connected are entitled to receive Should the proposed rate increase be en­ cases of prisoners of war, diseases related to monthly DIC. acted, the changes in compensation and nutritional deficiencies or anxiety states or The purpose of this benefit is to provide DIC rates effective December 1, 1986, would psychosis which become manifest to a partial compensation to the designated sur­ be as follows: degree of 10 percent or more at any time vivors for the loss in financial support sus­ after service, may be granted service connec­ tained as the result of the service-connected tion on a presumptive basis. death. Income and need are not factors in Increase When a claim for service-connected dis­ determining a surviving spouse's or child's (monthly rate) ability benefits is received by the Veterans' entitlement since the Nation assumes, in From To Administration, that agency obtains the part, the legal and moral obligation of the service medical records and the issue of veteran to support the spouse and children. disability or subsection under which payment is service connection is generally decided Payments of DIC for surviving spouses are Per~r~~~~~ based upon such records. If the service med­ determined on the basis of the veteran's (A) 10 percent...... $68 $69 (B) 20 percent...... 126 129 ical records do not establish that the disabil­ service pay-grade and range from $491 for (C) 30 percent...... 191 195 ity was incurred in service, the veteran may the surviving spouse of an E-1 to $1,255 for (0) 40 percent...... 274 279 submit evidence to substantiate the conten­ the surviving spouse of an 0-10. Surviving ( E) 50 percent ...... 388 396 tion. Generally, this may be by statements spouses are entitled to an additional $57 for ( F) 60 percent ...... 489 499 (G) 70 percent...... 617 629 from persons with whom the veteran served each child. (H) 80 percent...... 713 727 relating knowledge of the veteran's injury There is an additional allowance of $147 (I) 90 percent ...... 803 819 or disease. The Veterans' Administration monthly which is payable to eligible surviv- (J) 100 percent...... 1,335 1,362 18864 CONGRESSIONAL RECORD-HOUSE August 4, 1986

Increase an amount bearing the same ratio to the of March 1, 1986 through September 30, (monthly rate) amount specified below as the degree of dis­ 1986. These included housing benefits for ability bears to total disability. For example, wheelchair homes, the burial allowance pay­ From To a veteran who is 50 percent disabled receives able for veterans who die of service-connect­ 50 percent of the amounts which appear ed causes, the automobile and adaptive Higher statutory awards for certain multiple disabilities: (K) (I) Additional monthly payment for anatomical below. equipment allowance for veterans with serv­ loss, or loss of use of, any of these organs: One ice-connected amputations, vocational train­ foot, one hand, blindness in one eye (having light ing for veterans with service-connected dis­ perception only), one or more creative organs, both Increase buttocks, organic aphonia (with constant inability to (monthly rate) abilities which produce pronounced voca­ communicate by speech). deafness of both ears tional handicaps, and the educational pro­ (having absence of air and bone conduction )--For From To each loss...... 62 63 gram for dependents of totally disabled (2) Limit for veterans receiving payments under (A) If and while veteran is rated totally disabled and: service-connected veterans and survivors of to (J) above ...... 1,659 1,692 Has a spouse...... $81 $83 those veterans who die of service-connected (3) Limit for veterans receiving benefits under (l) Has a spouse and child ...... 136 139 (N) 2,325 2,372 causes. The committee believes that these to below ...... Has no spouse, one child ...... 56 57 programs, which are only available to veter­ (l) Anatomical loss or loss of use of both feet, one for each additional child ...... 43 44 foot and one hand, blindness in both eyes ( 5/200 ans with service-connected disabilities or to visual acuity or less). permanently bedridden or so For each dfP.endent parent...... :························· 56 57 For eac~ child age 18- 22 attending school...... 124 126 their spouses or children, are an integral helpless as to require aid and attendance ...... 1,659 1.692 Has a spouse in nursing home or severely disabled ...... 14 7 150 (M) Anatomical loss or loss of use of both hand, or of part of the compensation which a grateful both legs, at a level preventing natural knee action Nation makes available to these individuals. with prosthesis in place or of one arm and one leg at a level preventing natural knee or elbow action The iollowing increases are provided for They should be afforded the same protec­ with prosthesis in place or blind in both eyes, either surviving spouses of deceased veterans tion against across-the-board cuts which was with light perception only or rendering veteran so whose deaths are service-connected and who given to the underlying compensation bene­ helpless as to require aid and attendance ...... 1.829 1.866 fit. Per~r~~~~~ disability or subsection under which payment is are receiving dependency and indemnity compensation CDICJ payments. The sequestration order also created a (Nl Anatomical loss of both eyes or blindness with no ceiling, imposed for the first time by that light perception or loss of use of both arms at a sequestration order, limiting VA home loan level preventing natural elbow action with prosthesis Pay grade From To in place or anatomical loss of both legs so near hip commitments. As a result of the improving as to prevent use of prosthesis, or anatomical loss of economy and the lowering of interest rates one arm and one leg so near shoulder and hip to E-1...... $491 $501 2,080 2,122 E- 2...... 505 515 which produced an unprecedented increase (or~~~il~~ i~os~~it~oris ..e.riWiffrii .ve.ielaris ..iO .!Wii .. E- 3...... 518 528 in VA home loans, the agency twice this cal­ or more of the rates provided in ( L) through (N) , E-4 ...... :...... 552 563 endar year faced a shutdown of the Home no condition being considered twice in the determina­ E- 5...... 566 577 tion, or deafness rated at 60 percent or more E-6 578 590 Loan Program. Each time, the Congress ap­ (impairment of either of both ears service-connected) H .. 607 619 proved legisl~tion to increase the ceiling to in combination with total blindness (5/200 visual E- 8...... 640 653 permit the program to continue operation. acuity or less) or deafness rated at 40 percent or E- 9... ··········· ··· ············· ...... I 669 I 682 total deafness in one ear (impairment of either or W-1 621 633 The committee has concluded that the se­ both ears service-connected) in combination with W- 2 ...... 645 658 questration process should not apply to the blindness having light perception only or anatomical W-3 664 677 VA Home Loan Programs since loan guaran­ loss of both arms so near the shoulder as to prevent W- 4 703 717 tees require no direct Federal outlays. A re­ 2,325 2,372 0- 1 ································ 621 633 (p)( 1)f Ft~~t%~ies··exceeii""iennected total deafness of one ear or The sequestration order also placed a limi­ service-connected loss or loss of use of an • If the veteran served as sergeant major of the Army, senior enlisted tation on the loans veterans can obtain on extremity the next intermediate rate is payable, advisor of the Navy, chief master sergeant of the Air Force, sergeant major of but in no event may compensation exceed ...... 2,325 2,372 the Marine Corps, or master chief petty officer of the Coast Guard, at the their GI insurance policies. Those veterans (3) Blindness with only light perception or less with applicable time designated by section 402 of this title, the surviving spouse's who choose to request policy loans are bilateral deafness (hearing impairment in either rate shall be $736. merely borrowing their own funds. one or both ears is service-connected) rated at 10 2 If the veteran served as chairman of the Joint Chiefs of Staff, Chief of or 20 percent disabling, the next intermediate rate Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, The sequestration order limited the use of is payable, but in no event may compensation commandant of the Marine Corps or commandant of the Coast Guard, at the the special therapeutic and rehabilitation exceed ··································-·································-·· 2,325 2,372 applicable time designated by section 402 of this title, the surviving spouse's activities fund and the veterans' canteen ( 4) Anatomical loss or of use of three extremities, rate shall be $1 ,372. the next higher rate in paragraphs (l) to (N) service revolving fund. These are self-sup­ but in no event in excess of...... 2,325 2,372 porting funds which require no outlays. Per~r~~~~~ disability or subsection under which payment is When there is no surviving spouse receiv­ ing dependency and indemnity compensa­ The committee has been made aware of Q) [This subsection repealed by Public Law 90- 493) ...... tion, .payment is made in equal shares to the unfair and inequitable results on other ben­ R) (I) If veteran entitled to compensation under (0) efit programs of the Veterans' Administra­ !or to the maximum rate under (Pl ; or at the rate children of the deceased veteran. These between subsections (N) and (0) and under subsec- rates are increased as follows: tion resulting from sequestration. As imple­ 1 0 mented by the VA, Public Law 99-177, ~~nd~~. ~~d sh~ll ~ece~ a ~~~ul:fi~!ea~~ which required reduction in outlays, made the amount indicated at right for aid and attendance Increase in addition to such rates ...... 998 1,018 (monthly rate) reductions in the rate of veterans' benefits (2) If the veteran, in addition to need for regular dependent on the date of the Agency's ad­ aid and attendance, is in need of a higher level of from To ministrative action to pay the benefit, care, a special allowance of the amount indicated at right is payable in addition to (0) or (P) rate ... 1,487 1,517 rather than on the date of the entitling (S) Oisablfity rated as total, plus additional disability One child ...... $247 $252 event. For example, if a veteran died in Jan­ independently ratable at 60 percent or over, or Two children ...... 356 363 uary 1986 from a nonservice-connected dis­ permanently housebound ...... 1,494 1,524 Three children ...... 460 469 (T) Additional month~ allowance for a veteran in Each additional child ...... 93 95 ease or injury, the full payment of $300 was receipt of compensation for a disability not evaluated made if authorized prior to March 1, 1986. more than 90 percent disabling who has suffered a On the other hand, if the VA was unable to service-connected loss or loss of use of an extremity evaluated not less than 40 percent and has suffered LIMITATIONS UNDER PUBLIC LAW 99-177 process the payment until after February a non-service-O>nnected loss or loss of use of the At the time that the legislation, subse­ 28, payment was made at less than 100 cents paired extremity evaluated at not less than 40 on the dollar. percent...... 289 295 quently enacted as Public Law 99-177, was under consideration in the House, provi­ In addition to the unfairness of this, it sions were inserted to exempt programs for also presents an opportunity for mischief on In addition to basic compensation rates service-connected disabled veterans from se­ the part of the Agency. Although the com­ and/or statutory awards to which the veter­ questation. Specifically, compensation for mittee is not aware of any instance of ma­ an may be entitled, dependency allowances service-incurred disabilities was given the nipulation on the part of the Veterans' Ad­ are payable to veterans who are rated at not same exemption as that afforded Social Se­ ministration, it could have scheduled its less than 30 percent disabled. The rates curity beneficiaries. work-load in February to process payments which follow are those payable to veterans Subsequent to enactment, the sequestra­ not subject to sequestration, leaving pay­ while rated totally disabled. If the veteran is tion order required a number of ancillary ments subject to sequestration until March rated 30, 40, 50, 60, 70, 80 or 90 percent dis­ benefits for severely disabled service-con­ so as to pay less than the statutory rate. abled, dependency allowances are payable in nected veterans to be reduced for the period Similarly, as the end of September ap- August 4, 1986 CONGRESSIONAL RECORD-HOUSE 18865 proaches, the Agency could concentrate on tu de we had built for our veterans A problem has been pointed out to paying all of the sequestered claims, leaving over the years. the committee regarding the point in non-sequestered benefit payments until Oc­ Accordingly, I am pleased to rise in tober when payments may be due at the full time at which sequestration is applied. rate. support of all of these needed veterans As the law is now being interpreted by The bill would provide that the rate of bills and I urge my colleagues to join the VA, if an education or training payment for a benefit affected by sequestra­ in support. benefit for which retroactive pay­ tion would be based on the date of entitle­ Mr. HAMMERSCHMIDT. Mr. ments are due is processed after the ment, rather than when payment was made. Speaker, I rise in strong support of date the sequestration order becomes The effect of this particular provision would H.R. 5299, the veterans' compensation effective, the back benefits are also se­ be to realize the savings required by Public amendments of 1986. This measure questered, even though they accrued Law 99-177 for these programs; however, the savings would be spread over a slightly would provide a 2-percent cost-of­ before the date of sequestration. different period. This is simple fairness and living adjustment for veterans' service­ I have even heard of one case in equity. The committee believes such cuts connected disability compensation and which the VA sequestered a veteran's should be made on a logical and fair basis for dependency and indemnity com­ benefits which had accrued before and not be exposed to the risk of manipula­ pensation for veterans' families. AL5o, Gramm-Rudman-Hollings was en­ tion of case loads by the Veterans' Adminis­ the bill would exempt certain veter­ acted. We should not permit this kind tration. ans' benefits and programs from se­ of unfairness to occur through quirks 0 1230 questration. in administration. The problem is Mr. HAMMERSCHMIDT. Mr. As long as there is going to be a easily remedied by a provision of this Speaker, I yield myself such time as I COLA, though a small one, veterans legislation which allows sequestration may consume, and I yield to the gen­ should share in it. For that reason, I only for education and training bene­ tleman from New York [Mr. GILMAN]. support the bill. fits due during the period of seques­ Mr. GILMAN. Mr. Speaker, I thank The bill also contains some exemp­ tration and not before. the gerttleman for yielding. tions from sequestration which, in my Mr. Speaker, H.R. 5299 owes its ex­ Mr. Speaker, the House is today con­ view, are fair and equitable. The com­ istence to the hard work of Mr. APPLE­ sidering three bills of intense interest mittee does not take this step lightly. GATE, chairman of the Subcommittee to those to whom our Nation owes so Many of the supporters of the bill on Compensation, Pension and Insur­ much-our Nation's veterans. voted for Gramm-Rudman-Hollings ance; of Mr. SOLOMON, the subcommit­ The bill, H.R. 4333, introduced by and strongly believe in deficit reduc­ tee's ranking member; and of Mr. our colleague from Ohio, Mr. APPLE­ tion. · MONTGOMERY, chairman of the Com­ GATE, would improve veterans' benefits Benefits for severely disabled serv­ mittee on Veterans' Affairs. Each of for former prisoners of war suffering ice-connected veterans have been cut these gentlemen is a true veterans' ad­ from organic residuals of hypother­ by sequestration. These cuts are in vocate. mia, from spastic colon, and from ar­ benefits to amputees, blinded veter­ Mr. Speaker, I hope the Members of thritis due to trauma. It also reduces ans, paraplegics, and quadraplegics, this body will vote favorably on this from 6 months to 90 days the period of most of whom were injured on the bat­ significant legislation for veterans. time a former POW must have been tlefield. The Congress should not Mr. Speaker, I yield such time as he held captive to qualify for VA-fur­ allow their benefits to be reduced. The may consume to the gentleman from nished treatment for a dental condi­ moral obligation the Nation owes New York [Mr. SOLOMON], the ranking tion or disability. these service-connected disabled veter­ member on the subcommittee. As vice chairman of our House Task ans goes beyond deficit reduction, im­ Mr. SOLOMON. Mr. Speaker, I Force on POW's and MIA's in South­ portant as it is. thank the gentleman for yielding time east Asia, we on the task force have Benefits for survivors of veterans to me. As the ranking Republican had the opportunity to interview who died from service-connected member of the Subcommittee on Com­ many of our brave Americans who had causes should be treated similarly. pensation, Pension, and Insurance, I been held captive. Thus, we know that These situations are quite self-evident. would like to take this opportunity to our former POW's certainly deserve There are other VA programs ad­ commend our distinguished subcom­ every consideration that our Nation dressed by H.R. 5299. Because of the mittee chairman, Mr. APPLEGATE, for can give them. This legislation is long nature of these programs, sequestra­ the expeditious manner with which he overdue and I am hopeful that our col­ tion does not serve to reduce the defi­ has moved on this vitally needed legis­ leagues will join with us in adopting it. cit. The first of these is the ceiling on lation. I am so pleased to have cosponsored the Home Loan Guarantee Program. I wish also to thank our distin­ H.R. 4623, which allows the VA to au­ This Congress has already had to raise guished committee chairman, Mr. thorize either in-home or private com­ the ceiling twice to keep the program MONTGOMERY' and the ranking Repub­ munity respite care for veterans suf­ going. Applying sequestration to the lican, Mr. HAMMERSCHMIDT, for making fering from chronic long term illnesses Loan Guarantee Program has no this legislation a top priority. I am or confined to VA nursing homes. direct relationship to reducing the def­ convinced that the 2-percent cost-of­ Our medical experts report that icit. No savings can be attributed to living adjustment provided in this bill home care is in many cases the most the sequestration-it only establishes is essential to the continued financial· effective means to obtain a full recov­ an artificial limit on program activity. well-being of our disabled veterans and ery. For this reason, and because of Life insurance funds administered their families. the many other long overdue clarifica­ by the VA also should not be seques­ In his fiscal year 1987 budget pro­ tions and rectifications of VA policy, I tered. Again, sequestration saves no posal for the Veterans' Administra­ urge the adoption of H.R. 4623. money and only artificially limits ac­ tion, President Reagan recommended The third legislation, H.R. 5299, au­ tivity. With loans on the cash value of a COLA for disabled veterans to offset thorizes a 2-percent cost-of-living ad­ VA-held life insurance policies, the the effects of inflation on their fixed justment [COLAJ in disability com­ Government is not saving its money incomes. The budget resolution adopt­ pensation and dependency and indem­ when it sequesters, it is holding back ed by Congress includes authority for nity compensation rates for veterans the veteran's own money! Clearly, this this increase. and their survivors. Mr. Speaker, our is wrong. With this bill today, we are continu­ veterans have given their all so that Certain VA revolving fund accounts ing the tradition of making certain our Nation may be free. It would truly do not require appropriations, and ap­ that disabled veterans do not lose in be ironic if we allowed inflation to un­ plying sequestration against them the battle against inflation. Fortunate­ dermine the firm foundation of grati- does not save 1 red cent. ly the rate of inflation has slowed dra- 18866 CONGRESSIONAL RECORD-HOUSE August 4, 1986 matically in the past 5 years, but the number used for determining this I agree that we must balance the action we take today will once again figure is only a potential future liabil­ budget and reduce our national deficit. show our concern for those who ity. The program only costs the VA However, I do not believe that we can, fought our Nation's battles. money if a veteran forecloses on his in good conscience, achieve that bal­ We are also faced with adjustments loan. Historically, this is a rare occur­ ance by withholding this type of funds necessary because of Gramm-Rudman. rence. It is almost impossible to accu­ from American veterans. As we are not attempting to say that rately forecast the VA's actual liability We can take great pride in the all VA programs are exempt from the or the savings which could result from manner in which this Nation has re­ efforts to control the Federal deficits. the ceiling. sponded to the needs of our veterans. What we are saying is that we owe spe­ Furthermore, Mr. Speaker, the VA We must maintain this proud tradition cial consideration to our service-con­ Home Loan Program is an entitlement by protecting and improving veterans' nected disabled veterans. for eligible veterans. By law, seques­ programs through responsible legisla­ I am certain that these men and tration cannot result in a person being tion authored and nurtured with sensi­ women who never hesitated to step denied eligibility for a benefit. tivity and concern. I believe the pas­ forward when their Nation needed Finally, Mr. Speaker, I fail to see the sage of H.R. 5299 is one step in accom­ them, will in turn be appreciative that logic of imposing an artificial ceiling plishing this goal and I urge my col­ we have acted forthrightly in support­ on the program which would prevent leagues to join me in supporting this ing this important bill. veterans from refinancing a high in­ legislation. Mr. HAMMERSCHMIDT. Mr. terest rate to a low interest rate. Refi­ Speaker, I yield 3 minutes to the gen­ nancing may prevent foreclosures by Mr. MONTGOMERY. Mr. Speaker, tleman from New Jersey [Mr. SMITH], lowering the veteran's monthly pay­ I have no further requests for time, a member of the committee. ments. Nearly half of the current and I ask the Members to support this Mr. SMITH of New Jersey. Mr. home loan activity is refinancing. legislation. Speaker, I thank the gentleman for Exempting the Home Loan Program The SPEAKER pro tempore to amend title 38, Budget and Emergency Deficit Con­ Compensation Amendments of 1986. United States Code, to eliminate trol Act of 1985. There are approximately 28.2 million gender-based language distinctions in Over the past few months, Mr. living veterans and 54 million survi­ title 38, United States Code, and to Speaker, it has become apparent that vors and dependents of veterans. make technical corrections in that this particular program should not These groups comprise 35 percent of title. have been subject to sequestration. the U.S. population. Many of these The Clerk read as follows: For many veterans, Mr. Speaker, the men and women bear physical scars of H.R. 5047 Home Loan Program is the only VA their service in the defense of our Be it enacted by the Senate and House of benefit they will ever use. Because of Nation. Representatives of the United States of the dramatic drop in interest rates, H.R. 5299 would provide a 2.0-per­ America in Congress assembled, record numbers of veterans are seek­ cent increase in the rates of compensa­ SECTION I. ELIMINATION OF GENDER-BASED LAN­ ing first-time loans or refinancing ex­ tion and of dependence and indemnity GUAGE DISTINCTIONS IN TITLE 38. isting loans. Twice this year, record­ compensation [DIC] paid by the Vet­ Title 38, United States Code, is amended breaking loan volume-which will erans' Administration to disabled vet­ as follows: exceed 400,000 loans by year end-has erans and their survivors or depend­ Section 102 is amended- forced Congress to raise the loan guar­ ents. (i) by striking out subsection ; anty ceiling, most recently to $38.3 bil­ This modest increase will allow each (ii) by striking out "(!)" after "(a)"; lion. disabled veteran to retain purchasing (iii) by striking out "(2)" before "Depend­ I believe it is time to apply a long­ power which would otherwise be lost ency" and inserting in lieu thereof "(b)"; (iv) by striking out "(A)" and " (B)'' and in­ term remedy to the program's situa­ to inflation. The provisions of this leg­ serting in lieu thereof "(!)" and "(2)", re­ tion and exempt it from sequestration. islation are consistent with the as­ spectively; and The ceiling on the loan guaranty does sumptions passed by this body in the by striking out "(3) For the purposes not reduce the deficit, Mr. Speaker, budget resolution. of this subsection" and inserting in lieu which we can all agree was the point In addition, provisions of H.R. 5299 thereof " (C) For the purposes of this sec­ of Public Law 99-176. In fact, limiting specify that benefit programs that tion,". program participation may even raise make homes accessible to wheelchairs The heading of section 102 and the the deficit by reducing receipts of the for paraplegic veterans, burial allow­ item relating to that section in the table of sections at the beginning of chapter 1 are 1-percent user fee veterans pay to the ances and certain other programs for amended by striking out the semicolon and VA. severely disabled veterans would be the last word. I also have problems with the formu­ exempt from future sequestration cuts (2) Section 103 is amended­ la for calculating the ceiling. The under Gramm-Rudman. in subsection - August 4, 1986 CONGRESSIONAL RECORD-HOUSE 18867 (i) by striking out "woman as the widow" (8) Section 109Cb) is amended by striking C24) Section 708 is amended by striking and inserting in lieu thereof "person as the out "he" in the second sentence and insert­ out "his" and inserting in lieu thereof "the widow or widower"; ing in lieu thereof "such person". insured's". (ii) by striking out "she" and inserting in (9) Section 210 is amended- C25) Section 712 is amended- lieu thereof "such person"; by striking out "he" each place it ap­ by striking out "his" each place it ap­ (iii) by striking out "him" and inserting in pears and inserting in lieu thereof "the Ad­ pears and inserting in lieu thereof "the in­ lieu thereof "the veteran"; ministrator"; sured's": and by striking out "his" and inserting in CB> in subsection (a), by striking out "He" by striking out "he" in the first sen­ lieu thereof "the veteran's": and and inserting in lieu thereof "The Adminis­ tence of subsection Cd) and inserting in lieu by striking out "legal widow" and in­ trator"; thereof "the insured". serting in lieu thereof "legal widow or wid­ in subsection (C)(3)(A), by striking out (26) Section 713 is amended by striking ower": "widow" and inserting in lieu thereof "sur­ out "his" each place it appears and inserting in subsection Cb), by striking out viving spouse"; and in lieu thereof "the". "widow" and inserting in lieu thereof "sur­ CD> in subsection Cc)(3)(B), by striking out (27) Section 716Ce) is amended by striking viving spouse"; "him" and inserting in lieu thereof "the Ad­ out "his" and inserting in lieu thereof "the (C) in subsection (c), by striking out ministrator". insured's". "woman is or was the wife" and inserting in (10) Sections 212. 215, and 217Cb) are C28> Section 725 is amended- lieu thereof "person is or was the spouse"; amended by striking out "he" and inserting by striking out "he" each place it ap­ in subsection (d)(l), by striking out in lieu thereof "the Administrator". pears and inserting in lieu thereof "such "widow of a veteran shall not bar the fur­ (11) Section 213 is amended- person"; nishing of benefits to her as the widow" and by striking out "he" in the first sen­ by striking out "him" each place it ap­ inserting in lieu thereof "surviving spouse of tence and inserting in lieu thereof "the Ad­ pears and inserting in lieu thereof "the ap­ a veteran shall not bar the furnishing of ministrator"; and plicant"; and benefits to such person as the surviving CB) by striking out "his" in the second by striking out "his" in subsection spouse"; sentence and inserting in lieu thereof "the (d)(3) and inserting in lieu thereof "the Ad­ in subsection Cd)(2)- Administrator's". ministrator's". (i) by striking out "widow" each place it (12) Section 219Ca) is amended- C29> Section 742 is amended­ appears and inserting in lieu thereof "sur­ CA) by striking out "he" and inserting in in subsection (b)- viving spouse"; and lieu thereof "the Administrator"; and (i) by striking out "his" and inserting in cm by striking out "her" and inserting in CB> by striking out "him" and inserting in lieu thereof "the insured's"; and lieu thereof "such person"; and lieu thereof "the Administrator". (ii) by striking out "he" and inserting in CF> in subsection Cd)C3)- Cl3) Section 230 is amended by striking lieu thereof "the insured"; and out " he" and inserting in lieu thereof "the in subsection (c)- (i) by striking out "widow" each place it Administrator". (i) by striking out "he" and inserting in appears and inserting in lieu thereof "sur­ (14) Section 233 is amended- viving spouse": lieu thereof "the insured"; by striking out "he" in subsection Ca) (ii) by striking out "his term" and insert­ (ii) by striking out "man" and inserting in and inserting in lieu thereof "the Adminis­ lieu thereof "person"; ing in lieu thereof "the term"; trator"; and (iii) by striking out "his failure"; and (iii) by striking out "herself" and inserting CB> in subsection Cb), by striking out by striking out "his wife" and insert­ thereof " upon determining". trol". ing in lieu thereof "that person's spouse"; (15) Section 235 is amended by striking <30) Sections 743, 744, 745, 746, 747, and and out "his" and inserting in lieu thereof "the 748 are amended by striking out "his" and (V) by striking out " her" and inserting in President's". inserting in lieu thereof "the insured's". lieu thereof "that person". (16) Section 236 is amended by striking <31> Section 750 is amended by striking (3) Section 104Cb) is amended by striking out "his" and inserting in lieu thereof "the out "in his lifetime or by his last will and out "him" and inserting in lieu thereof "the Administrator's". testament" and inserting in lieu thereof Administrator". <17) Section 241 is amended- "while alive or by last will". (4) Section 105 is amended­ CA) by striking out "his" in paragraph (1) C32) Section 752 is amended by striking in subsection Ca)- and inserting in lieu thereof "the veteran's"; out "his" each place it appears and inserting (i) by striking out "his" in the first sen­ and in lieu thereof "the". tence and inserting in lieu thereof "the per­ by striking out "he" in paragraph (2) C33) Section 759 is amended- son's"; and and inserting in lieu thereof "the Adminis­ by striking out "his" and inserting in (ii) by striking out "him" in the second trator". lieu thereof "the applicant's"; and sentence and inserting in lieu thereof "the (18) Section 242Ca> is amended by striking by striking out "he" and inserting in person"; and out "he" and inserting in lieu thereof "the lieu thereof "the applicant". CB> in subsection Cb), by striking out "serv­ Administrator". C34> Section 760Ca> is amended by striking ice, or by absenting himself" in clause <1) (19) Section 244<5) is amended by striking out "his" and inserting in lieu thereof "the and inserting in lieu thereof "service or by out "his" and inserting in lieu thereof "the guardian's". absenting himself or herself". Administrator's". C35) Section 765 is amended- C5) Section 106 is amended- C20) Section 602 is amended by striking in paragraph C5>. by striking out in subsection Cb)(2), by striking out out "his". "he" and inserting in lieu thereof "such "his" and inserting in lieu thereof "the per­ <21> Section 704 is amended­ person"; and son's"; in subsection (d)- in paragraph (9)- in subsection Cc>- (i) by striking out "his" each place it ap­ (i) by striking out "his minority" and in­ (i) by striking out "him" and inserting in pears and inserting in lieu thereof "the in­ serting in lieu thereof "the child's minori­ lieu thereof "that individual"; sured's"; and ty"; and (ii) by striking out "his" and inserting in by striking out "he" each place it ap­ (ii) by striking out "his adoption" and in­ lieu thereof "that individual's"; and pears and inserting in lieu thereof "the in­ serting in lieu thereof "the child's adop­ by striking out " he" and inserting in sured"; and tion". lieu thereof "that individual"; and CB) in subsection Ce)- (36) Section 766 is amended- CC> in subsection Cd)- (i) by striking out "his" and inserting in in subsection Cc), by striking out (i) by striking out "by him" in clause <2>; lieu thereof "the insured's"; and "him" and inserting in lieu thereof "the Ad­ (ii) by striking out "he" each place it ap- (ii) by striking out "he" and inserting in ministrator"; and pears in the second sentence and inserting lieu thereof "the Administrator". (B) in subsection Cd), by striking out "he" in lieu thereof "such individual"; and C22) Section 705 is amended- and inserting in lieu thereof "the Adminis­ (iii) by striking out "his" in the second CA) by striking out "his" each place it ap­ trator". sentence and inserting in lieu thereof "the". pears and inserting in lieu thereof "the": <37> Section 767 is amended­ (6) Section 107 is amended by striking and in subsection Cb)- out "his" in the last sentence and inserting CB> by striking out "him" and inserting in (i) by striking out "him" and inserting in in lieu thereof "such member's". lieu thereof "the insured". lieu thereof "such member"; <7> Section 108 is amended by striking (23) Section 707 is amended by striking (ii) by striking out "he" each place it ap­ out "his" both places it appears and insert­ out "his" in subsections and Cc> and in­ pears and inserting in lieu thereof "such ing in lieu thereof "that individual's". serting in lieu thereof "the insured's". member"; and 18868 CONGRESSIONAL RECORD-HOUSE August 4, 1986 Ciii> by striking out "his" and inserting in <45 ) Section 783 is amended by striking <58) Section 1007 is amended- lieu thereof "such member's"; and out " his" and inserting in lieu thereof "such by striking out " he" both places it ap­ in subsection - beneficiary's". pears and inserting in lieu thereof "the Ad­ (i) by striking out "his" and inserting in (46) Section 784(g) is amended by striking ministrator"; and lieu thereof "such member's"; and out "his" both places it appears and insert­ CB) by striking out "He" at the beginning (ii) by striking out "he" and inserting in ing in lieu thereof " the insured's". of the second sentence and inserting in lieu lieu thereof "such member". (47) Section 787 is amended by striking thereof "The Administrator". (38) Section 768 is amended­ out " himself or any other" and inserting in (59) The third sentence of section (A) in subsection (a)(2)- lieu thereof "any". l 780< 2> is amended by striking out "serv­ (i) by striking out "his"; and (48) Section 801(a) is amended by striking iceman" and inserting in lieu thereof (ii) by striking out " him" and inserting in out "he" and inserting in lieu thereof "the " person". lieu thereof "the member"; Administrator". (60) Section 2024(g) is amended by strik­ in subsection <3>- <49 > Section 806 is amended- ing out " his" and inserting in lieu thereof m by striking out "his"; and by striking out " his" in subsection Cb) "the". (ii) by striking out "him" and inserting in and inserting in lieu thereof "the veteran's"; <61) Section 3001(b)(l) is amended by lieu thereof " the member"; and by striking out " he" in subsection (c) striking out "widow or" each place it ap­ in subsection Cb), by striking out "his" and inserting in lieu thereof "the veteran"; pears and inserting in lieu thereof "surviv­ and inserting in lieu thereof "the". by striking out "his" in subsection Cd) ing spouse or". (39) Section 769 is amended- and inserting in lieu thereof "the veteran's"; (62) Section 3006 is amended by striking (0) in subsection (g)- out "he" and inserting in lieu thereof "the in subsection (a)(l), by striking out (i) in paragraph (2)- "his" and inserting in lieu thereof "the in subsection (a)(3), by striking out ministrator"; striking out "his" and inserting in lieu "him" and inserting in lieu thereof "the in subsection (a)(4)- in the third sentence of subsection (ii) by striking out " his" and inserting in and inserting in lieu thereof "the veteran"; - lieu thereof "the member's"; and (i) by striking out "his" and inserting in in subsection Cb), by striking out "he" (iii) in paragraph (5), by striking out lieu thereof "the payee's"; and inserting in lieu thereof "the Adminis­ " him" each place it appears and inserting in (ii) by striking out " he" and inserting in trator"; lieu thereof "the Administrator"; and lieu thereof " the payee"; and in subsection Cd)(3), by striking out in subsection (h)- (iii) by striking out " him" and inserting in "his" and inserting in lieu thereof "the Ad­ (i) by striking out " his" in the first sen­ lieu thereof '·the payee"; and ministrator's"; and tence and inserting in lieu thereof " the Ad­ in the first sentence of subsection in subsection . by striking out "he" ministrator's"; and (b)- and inserting in lieu thereof " the Adminis­ (ii) by striking out " his" in the second sen­ (i) by striking out "he" and inserting in trator". tence and inserting in lieu thereof "the vet­ lieu thereof "such person"; <40) Section 770 is amended- eran's". (ii) by striking out "widow" and inserting by striking out "his" each place it ap­ (50) Section 901(b) is amended by striking in lieu thereof "surviving spouse"; pears in subsection and inserting in lieu out "his" and inserting in lieu thereof " the by striking out "she" both places it thereof "the insured's"; and veteran's". appears and inserting in lieu thereof "the by striking out "his" in subsection Ce> (51) Section 904 is amended by striking surviving spouse"; and inserting in lieu thereof "the mem­ out "his" each place it appears and inserting (iv) by striking out "to her" and inserting ber's". in lieu thereof " the veteran's". in lieu thereof " to the surviving spouse"; <41> Section 774 is amended by striking (52> Section lOOO is amended- and out "his" and inserting in lieu thereof "the by striking out "servicemen" and in­ by striking out "by her" and inserting Administrator". serting in lieu thereof "servicemembers"; in lieu thereof "by the". <42) Section 776 is amended by striking and (66) Section 302Ha> is amended­ out "him" and inserting in lieu thereof " the by striking out "To assist" and all that by striking out "his"; and Administrator". follows through "the Administrator" in the by striking out "His" in subparagraphs <43 > Section 777 is amended­ second sentence and inserting in lieu there­ . CB) , and of paragraph (2) and in­ in subsection - of "The Administrator". serting in lieu thereof "The veteran's". (i) by striking out "his" both places it ap­ <53) Section 1001 is amended by striking (67) Section 3022 is amended by striking pears and inserting in lieu thereof "such out "he" and inserting in lieu thereof "the out "his" and inserting in lieu thereof "the person's"; and Administrator". payee's". (54) Section 1002 is amended- (ii) by striking out .''he" and inserting in (68) Section 3101 is amended- by striking out " he" each place it ap­ lieu thereof "such person"; pears and inserting in lieu thereof "such by striking out "his or her" in the last in subsection - member"; and sentence of subsection (a) and inserting in (i) by striking out "he" the first place it by striking out "wife, husband," in lieu thereof "a"; and appears and inserting in lieu thereof "the paragraph (5). by striking out "his" each place it ap­ Administrator"; and <55> Section 1004 is amended- pears in subsection and inserting in lieu (ii) by striking out "he" the second place in subsection (d), by striking out "he" thereof "the beneficiary's". it appears and inserting in lieu thereof each place it appears and inserting in lieu <69) Section 3102 is amended- "such member or former member"; thereof "the veteran"; (A) by striking out " his" in subsection Cb) CC> in subsection Cd), by striking out "his" in subsections (b), , and (g), by and inserting in lieu thereof "the veteran's"; and inserting in lieu thereof "such per­ striking out "he" and inserting in lieu there­ and son's"; of "the Administrator"; and by striking out "his" both places it ap­ in subsection . by striking out "he" (C) by striking out "his" each place it ap­ pears in subsection and inserting in lieu and inserting in lieu thereof "the insured"; pears and inserting in lieu thereof "the Ad­ thereof "the Administrator's". and ministrator's". (70) Section 3103 is amended- in subsection - (56) Section 1005 is amended- in subsection (a)- (i) by striking out "his" and inserting in by striking out " his" in subsection (i) by striking out "he" and inserting in lieu thereof "the insured's"; and and inserting in lieu thereof "the Adminis­ lieu thereof "such person"; and (ii) by striking out "he" and inserting in trator's"; and (ii) by striking out "his" and inserting in lieu thereof "the Administrator". by striking out "He" in subsection lieu thereof "such officer's"; <44) Section 781(b) is amended- and inserting in lieu thereof "The Adminis­ in subsection (b)- by striking out "he" and inserting in trator". m by striking out "his" and inserting in lieu thereof "such person"; and <57) Section 1006 is amended by striking lieu thereof "a person's"; CB> by striking out "his" and inserting in out "he" and inserting in lieu thereof "the (ii) by striking out "any person" and in­ lieu thereof "such person's". Administrator". serting in lieu thereof " that person"; and August 4, 1986 CONGRESSIONAL RECORD-HOUSE 18869 (iii) by striking out "he" and inserting in CD) in subsection (e), by striking out "his". (93) Section 5201(a)(l) is amended by lieu thereof "such person"; <77) Section 3203Ce) is amended by strik­ striking out "his" and inserting in lieu (C) in subsection (c)- ing out " his" and inserting in lieu thereof thereof "such person's". (i) by striking out "his" both places it ap­ "the veteran's". <94) Section 5202 is amended- pears and inserting in lieu thereof "the indi­ (78) Section 3303 is amended by striking in the first sentence of subsection vidual's"; and out "his" and inserting in lieu thereof "the (b)- {ii) by striking out "he" and inserting in veteran's". (i) by striking out "his last" each place it lieu thereof "the individual"; and <79) Section 3401 is amended by striking appears and inserting in lieu thereof "such CD) in the second sentence of subsection out "he" and inserting in lieu thereof "such person's last"; Ce)(2), by striking out " his or her" and in­ individual". (ii) by inserting "has personal property serting in lieu thereof "the". <80) Section 3404Cb) is amended by strik­ situated on such facility and" before "shall (71) Section 3104 is amended- ing out "he" and inserting in lieu thereof have designated"; CA) in subsection Ca)(l), by striking out "the Administrator". (iii) by striking out "to whom he desires "his" and inserting in lieu thereof "such (81) Section 3405 is amended by striking his personal property situated upon such fa­ person's"; out " him" and inserting in lieu thereof "to cility to be delivered, upon the death of CB) in subsection (b)- the claimant or beneficiary". such veteran" and inserting in lieu thereof (i) by striking out "widow" in paragraph (82) Section 3501 is amended- "to receive such property when such veter­ (1) and inserting in lieu thereof "surviving by striking out "him" and inserting in (ii) by striking out "his" in paragraph Cl) lieu thereof "the Administrator"; and inserting in lieu thereof "such per­ by striking out "his" the second, third, and fourth places it appears and inserting in in the second sentence of subsection son's"; and (b)- (iii) by striking out "he or she" in para­ lieu thereof "such fiduciary's". <83) Section 3503 is amended- (i) by striking out "by the veteran" and in­ graph (3) and inserting in lieu thereof "such serting in lieu thereof "by such veteran, de­ person"; and by striking out "his" in subsection (c) and inserting in lieu thereof "the veteran's"; pendent, or survivor" : CC) in subsection (c)- (ii) by striking out "if he has"; (i) by striking out "his" and inserting in and (iii) by striking out "his" and inserting in lieu thereof "any person's"; CB) by striking out " he" each place it ap­ pears in subsection (d)(2) and inserting in lieu thereof "the Administrator's"; {ii) by striking out " to any person" and in­ by striking out "as provided in this serting in lieu thereof "to such person"; and lieu thereof "the Administrator". (84) Section 3504(b) is amended- subchapter," and inserting in lieu thereof (iii) by striking out "he" and inserting in by striking out "his" and inserting in "in writing delivered to the Veterans' Ad­ lieu thereof "such person". ministration"; and <72) Section 3105 is amended- lieu thereof "the Administrator's"; and by striking out "he" and inserting in by striking out "child, grandchild, CA) by striking out "he" and inserting in mother, father, grandmother, grandfather, lieu thereof "such person"; and lieu thereof "the dependent". CB) by striking out "his" and inserting in <85) Section 4005 is amended- brother or sister" and inserting in lieu CA) by striking out " his" each place it ap­ thereof "children, grandchildren, parents, lieu thereof "such person's". pears and inserting in lieu thereof "the grandparents, siblings"; <73) Section 3106 is amended by striking claimant's"; and by striking out the third sentence of out "his" and inserting in lieu thereof CB) by striking out "him" and inserting in subsection (b); "the". lieu thereof "the claimant or legal guardi­ <74) Section 3108Cc) is amended- in the fourth sentence of subsection an". (b)- (A) by striking out "his" and inserting in (86) Section 4106Cb) is amended- lieu thereof "the Administrator's; and (i) by striking out "his designee may in by striking out "him" and inserting in such case select the one to receive such pos­ CB) by striking out "he" and inserting in lieu thereof "such person"; and lieu thereof "the dependent". session," and inserting in lieu thereof "the by striking out " he" and inserting in Administrator's designee may in such case <75) Section 3109 is amended- lieu thereof "such person". (A) by striking out "his" each place it ap­ deliver the property either jointly or sepa­ <87) Section 4107(e)(5) is amended by rately in equal values, to those equally enti­ pears in subsection Ca) and inserting in lieu striking out "her" and inserting in lieu thereof "such person's"; and tled thereto"; and thereof "the nurse's". by striking out "in his discretion" and CB) by striking out "he" in subsection Cb) <88) Section 4110 is amended- and inserting in lieu thereof "such person". inserting in lieu thereof "in the discretion and inserting in lieu there­ CA) in subsection Ca), by striking out "he" designee"; and of "chosen by such person"; in subsection Cc), by striking out "his" and inserting in lieu thereof "the Adminis­ in subsection Cd)- trator"; and inserting in lieu thereof "the Adminis­ (i) by striking out "He" and inserting in trator's". CB) in subsection Cb)- lieu thereof "The Administrator"; and Section 5206 is amended by striking (iii) by striking out "his" in the second <89) Section 5101 is amended by striking out "his" and inserting in lieu thereof "the and third sentences and inserting in lieu out "his" each place it appears and inserting owner's". _ thereof "the Administrator's"; and in lieu thereof "the". (98) Section 5207 is amended- by striking out "by him promulgated" CC) in subsection Cd)- ministrator"; and inserting in lieu thereof "prescribed by (i) by striking out "his" in the second sen­ by striking out "his" and inserting in the Administrator". tence and inserting in lieu thereof "the vet­ lieu thereof "the Administrator's"; and <99) Section 5220 is amended­ eran's"; CC) by striking out "He" and inserting in in subsection - (ii) by striking out "his" in the third sen­ lieu thereof "The Administrator". (i) by striking out "surviving him any" tence and inserting in lieu thereof "the ben­ (91) Section 5103 is amended by striking and inserting in lieu thereof "any surviv­ eficiary's"; and out "his" ea-::h place it appears and inserting ing"; by striking out "his" each place it ap­ (!) by striking out "him" and inserting in (92) Section 5104 is amended- pears and inserting in lieu thereof "the de­ lieu thereof "the beneficiary"; by striking out "he" each place it ap­ cedent's"; (II) by striking out "he" and inserting in pears and inserting in lieu thereof "the Ad­ (iii) by striking out "he" and inserting in lieu thereof "the beneficiary"; and ministrator"; and lieu thereof "such person"; and (Ill) by striking out "his" each place it ap­ by striking out "his" each place it ap­ by striking out "owned by him" and pears and inserting in lieu thereof " the ben­ pears and inserting in lieu thereof "the Ad­ inserting in lieu thereof "owned by such eficiary's"; and ministrator's". person"; and 18870 CONGRESSIONAL RECORD-HOUSE August 4, 1986 in subsection (b), by striking out "his" CC> by striking out the parenthesis after (2) Section lll of such Act is and inserting in lieu thereof "such per­ ''immunizations''; amended by striking out "subsection (b)" son's". CD> by striking out "facility, utilizing" and and inserting in lieu thereof "subsection <100) Section 5221 is amended by striking inserting in lieu thereof "facility. Any such (C)(l)(B)". out "he" and inserting in lieu thereof "such immunization shall be made using"; (b) AMENDMENTS TO TITLE 38.-Cl) Section person". CE> by striking out "Administration," and 524 of title 38, United States Code, is <101> Section 5222 is amended- all that follows through "to provide" and in­ amended- by striking out "he" and inserting in serting in lieu thereof "Administration. For by striking out "subsection Cd)" in sub­ lieu thereof "the Administrator"; and such purpose, notwithstanding any other section (a)(2) and inserting in lieu thereof by striking out "his" and inserting in provision of law, the Secretary may pro­ "subsection Cb>": lieu thereof "the Administrator's". vide"; and by striking out "subsection (a)(l)" in <102) Section 5223 is amended by striking CF> by striking out "cost and the provi­ subsection Cb>C4) and inserting in lieu there­ out "his" each place it appears and inserting sions of section" and inserting in lieu there­ of "subsection Ca>": and in lieu thereof "the decedent's". of "cost. Section". in subsection - <103) Section 5224 is amended- (6) Section 612ACh)(3)CA> by striking out "his" each place it ap­ striking out "the date of the enactment of section (c) of section 525 of this title, a vet­ pears and inserting in lieu thereof "the Ad­ this section" and inserting in lieu thereof eran" and inserting in lieu thereof "A veter­ ministrator's": and "December 3, 1985,". an"; by striking out "him" and inserting in <7> Section 801Ca) is amended- (ii) by striking out "subsection (b)" the lieu thereof "the Administrator". by striking out the comma after "vet­ eran" the first place it appears; and second place it appears and inserting in lieu <104) Section 5225 is amended by striking thereof "subsection (b)(l)"; and out "his" and inserting in lieu thereof "the CB> by striking out "title, based on service (iii) by striking out the period and insert­ Administrator's". after April 20, 1898," and inserting in lieu thereof "title". ing in lieu thereof "without regard to the <105) Section 5226 is amended- date on which the veteran's entitlement to by striking out "himself" and insert­ <8> Section 14ll(a) is amended by insert­ ing a comma after "of this section" in the pension is terminated.". ing in lieu thereof "such person"; <2> Section 525(a) of such title is amended by striking out "his" in the second matter preceding clause (1). <9> Section 1841 is amended- by striking out "under section 521 of this sentence and inserting in lieu thereof "the title". veteran's": by striking out "per centum" in para­ by striking out "he" and inserting in graph <1 > and inserting in lieu thereof "per­ <3> The item relating to section 524 in the lieu thereof "the Administrator"; and cent"; and table of sections at the beginning of chapter by striking out "his authorized" each CB> by striking out "one hundred and 15 of such title is amended by inserting place it appears, and inserting in lieu there­ eighty days" in paragraph (2) and inserting "program of" after "Temporary". of "the Administrator's authorized". in lieu thereof "180 days". (C} EFFECTIVE DATE.-The amendments made by this section shall take effect as if SEC. 2. GENERAL TECHNICAL AMENDMENTS. (10) Section 1842 is amended by striking out "per centum" each place it appears and included in the Veterans' Benefits Improve­ Title 38, United States Code, is amended ment Act of 1984 Section 101 is amended- <11> Section 1849 is amended by striking The SPEAKER pro tempore. Pursu­ by inserting "Army" before "National out "Effective for fiscal year 1982 and fiscal ant to the rule, a second is not re­ Guard" in paragraphs C22)(C), <23), and years thereafter, there" and inserting in lieu thereof "There". quired on this motion. <27>: and <12) The item relating to section 4106 in The gentleman from Mississippi by striking out "and the" in paragraph [Mr. MONTGOMERY] will be recognized (31) and all that follows through "widower". the table of sections at the beginning of (2) Section 233(a) is amended by striking chapter 73 is amended to read as follows: for 20 minutes and the gentleman out "subparagraph (4)" and inserting in lieu "4106. Period of appointments; promo- from Arkansas [Mr. HAMMERSCHMIDT] thereof "paragraph (4) of this subsection". tions.". will be recognized for 20 minutes. (3) Section 235 is amended- (13) Section 4202<11> is amended by strik­ The Chair recognizes the gentleman by inserting "(a)" before "The Admin­ ing out "and without regard" and all that from Mississippi [Mr. MONTGOMERY]. istrator"; follows through "(7 U.S.C. 2240),". Mr. MONTGOMERY. Mr. Speaker, by indenting paragraphs Cl) through <14> Section 4204 is amended by striking I yield myself such time as I may con­ <7> two ems; out ", amounts heretofore appropriated to sume. CC> by inserting "Service" in paragraph carry out Public Law 636, Seventy-ninth (5) after "Foreign"; Congress,''. Mr. Speaker, H.R. 5047 is the result CD> by striking out "The foregoing au­ (15) Section 5010(a)(l) is amended- of several years of work to eliminate thority" and inserting in lieu thereof "Cb> by striking out "one hundred and gender references in title 38 of the The authority in subsection (a) of this sec­ twenty-five thousand and not less than one United States Code, which contains all tion"; and hundred thousand" and inserting in lieu of the laws providing benefits to veter­ by striking out "titles 5 and 22" and thereof "125,000 and not less than 100,000"; ans. inserting in lieu thereof "title 5 and the For­ and It is a difficult and thankless task to eign Service Act of 1980 <22 U.S.C. 3901 et by striking out "ninety thousand" review this entire title and identify seq.)". both places it appears and inserting in lieu gender references. However, some day <4> Section 241 is amended- thereof "90,000". CA) by inserting "The Administrator <16> Section 5073(a)(2) is amended- there will be a woman Administrator shall" after "Cl)"; by striking out "twelve-month" each of Veterans' Affairs. When that day CB> by striking out "eligible and, in carry­ place it appears and inserting in lieu thereof comes, there will not be a sentence in ing" and inserting in lieu thereof "eligible. "12-month"; and title 38 which says that "he is appoint­ In carrying"; CB> by striking out "per centum" each ed with the advice and consent of the by striking out "release;" and inserting place it appears and inserting in lieu thereof Senate." in lieu thereof "release.": "percent". Instead, it will read "the Administra­ by inserting "The Administrator <17> Each subchapter heading is amended tor is appointed with the advice and shall" after "(2)"; so as to be printed in all capital letters and CE) by striking out "veterans: and" and in­ in light-face type. consent of the Senate." · serting in lieu thereof "veterans."; <18) The table of parts at the beginning of This bill does not make any substan­ CF) by inserting "The Administrator title 38 is amended by striking out "1501" in tive change in any of the provisions shall" after "(3)"; and the item relating to part III and inserting in which it amends. The changes are (Q) by striking out "clauses (1) and (2) lieu thereof "1401". only technical, there is absolutely no above" and inserting in lieu thereof "para­ SEC. 3. TECHNICAL AMENDMENTS TO PROVISIONS intrent to change the purpose of any graphs (1) and (2) of this section". ENACTED BY VETERANS' BENEFITS current laws. (5) Section 612(j) is amended- IMPROVEMENT ACT OF 1984. by striking out "pursuant to" and in­ (a) AMENDMENTS TO PuBLIC LAW 98-543.­ I would like to express the commit­ serting in lieu thereof "under"; (1) Section 105 of the Veterans' Benefits Im­ tee's appreciation for the efforts of by striking out ''(voluntarily request­ provement Act of 1984 by striking out " or" at the end of I know that it is a long task. We clause <9 >: and period of captivity required to qualify smile about it, but it is a long and dif­ (2) by inserting after clause 00) the fol­ for treatment of dental conditions and ficult task to go through these titles lowing: disabilities. and make this change, and I think " ( 11 > organic residuals of hypothermia, Mr. Speaker, the Committee on Vet­ that that is why there has always been particularly frozen hands and feet, erans' Affairs has long had a special something else to do, something more " <12> spastic colon, concern for prisoners of war. We know pressing. And yet I really salute the " <13> arthritis due to trauma,". that many of the POW's from WWII, (b) INTERNMENT PERIOD REQUIRED FOR VA committee for doing it. I think that it DENTAL CARE.-Section 612(b)(l)(Q) of such Korea and Vietnam had experiences is very important that it is done, and title is amended by striking out "six too horrible to describe. Indeed, many congratulations. months" and inserting in lieu thereof " 90 of them did not survive the abuse and Mr. HAMMERSCHMIDT. Mr. days". neglect imposed upon them. Those Speaker, I yield myself such time as I (C) EFFECTIVE DATE.-The amendments who did survive deserve our special may consume. made by subsections and shall take consideration. Mr. Speaker, I rise in support of effect on October 1, 1986. The Subcommittee on Compensa­ H.R. 504 7, a technical bill to eliminate The SPEAKER pro tempore. Pursu­ tion, Pension, and Insurance led by its gender-based language distinctions in ant to the rule, a second is not re­ able chairman, Mr. APPLEGATE, and by title 38, which is the title of the quired on this motion. its able ranking member, Mr. SOLO­ United States Code on veterans' bene­ The gentleman from Mississippi MON, has been carefully considering fits. At one time, the military services [Mr. MONTGOMERY] will be recognized for some time the need for additional were viewed as a "man's world," and as for 20 minutes and the gentleman presumptive disabilities. The excellent a result, veterans' programs and bene­ from Arkansas [Mr. HAMMERSCHMIDT] result is H.R. 4333. fits were legally described in terms will be recognized for 20 minutes. As is well known, POW's were often which applied to men. Of course, we The Chair recognizes the gentleman not provided adequate clothing and know that in fact women have for a from Mississippi [Mr. MONTGOMERY]. shelter during the winter and suffered long time been making very important Mr. MONTGOMERY. Mr. Speaker, from frozen extremities. Even though contributions as members of the mili­ I yield myself such time as I may con­ frozen extremities can often be saved, tary services, even though until more sume. they can cause life-long physical prob- 18872 CONGRESSIONAL RECORD-HOUSE August 4, 1986 lems. The beatings and torture of These include frostbite, arthritis as a Mr. Speaker, I would like to thank POW's is equally well established, and result of trauma, and spastic colon. All the gentleman from Georgia CMr. unquestionably can result in arthritic three conditions are commonly found DARDEN] for his kind words about the conditions years later in the joints of among the ailments that POW's suffer committee. It certainly is nonpartisan, the body. Spastic colon is known to be as the result of the conditions of cap­ and our total goal is to see that veter­ associated with the severe psychologi­ tivity. ans and their dependents are properly cal stresses of being a prisoner of war, Adding these three ailments will taken care of. such as fear, anxiety, and uncertainty. continue the VA tradition of giving Mr. HAMMERSCHMIDT. Mr. Also, the bill would reduce the every consideration to those who were Speaker, I have no further requests length of time of captivity to qualify prisoners of war in service to their for time, and I yield back the balance for dental benefits. Dental health de­ country. We can never thank our of my time. teriorates very rapidly when nutrition POW's enough for their sacrifice, but Mr. MONTGOMERY. Mr. Speaker, is poor and hygiene is not possible. A we can, in some small way, see to it I have no further requests for time, period of 90 days is reasonable. that they receive fair treatment and and I yield back the balance of my In recent subcommittee hearings, we good medical care. time. learned that many POW's, when they I wholeheartedly urge passage of The SPEAKER pro tempore of such section is amended by strik­ each year to the Committees on Veterans' paragraph may include hospital-based home ing out "the Chief Medical Director" and in­ Affairs of the Senate and House of Repre­ care furnished as part of a program of res­ serting in lieu thereof "the Administrator". sentatives a report concerning the operation pite care.". (2) Subsection of such section is of this section during the preceding and cur­ (C) RESPITE CARE DEFINED.-Section 601 is amended- rent fiscal year. amended by inserting after paragraph (9) by striking out the first sentence; "CB> Each such report shall include- the following new paragraph: by striking out "pursuant to this sub­ "(i) a list of those States that have sub­ "<10> The term 'respite care' means hospi­ section" and inserting in lieu thereof "under mitted materials to the Administrator that tal care, nursing home care, or hospital­ subsection of this section"; and the Administrator considers to be a preap­ based home care furnished on an intermit­ (C) by striking out "of the Chief Medical plication for a grant under this subchapter tent or temporary basis to a veteran who Director" and inserting in lieu thereof "ap­ pealed from". and for which a grant has not been made; has been diagnosed as suffering from a and chronic illness and who is receiving care- SEC 6. REPORTING PERIOD FOR REPORTS ON SPE­ "(ii) the Administrator's recommendations " in the individual's home; or CIAL PAY FOR VETERANS' ADMINIS­ "(B) in a hospice program which has en­ TRATION PHYSICIANS AND DENTISTS. as to the relative priority to be given to each tered into a cooperative agreement with the Section 4118(g)(C) is amended by striking project for which such a preapplication had Veterans' Administration to provide appro­ out "once every two years" and inserting in been received. priate care for the veteran.". lieu thereof "each four years". "(2) Each report under this subsection for a fiscal year shall be submitted at the same SEC. 3. EXTENSION OF INDEPENDENT STATUS OF SEC. 7. REGIONAL MEDICAL EDUCATION CENTERS. READJUSTMENT COUNSELING PRO­ (a) STATUS OF PROGRAM.-Section 4121(a) is time that the President's budget for the GRAM. amended- next fiscal year is submitted to Congress.". Section 612A(g) is amended by striking <1) by striking out "pilot"; and (b) PRIORITY OF GRANTS.-Section 5035(b) out "September 30, 1988", "October 1, (2) by striking out "in geographically dis­ is amended by adding at the end the follow­ 1988", "April 1, 1987", and "July 1, 1987" persed areas of the United States". ing new paragraph: and inserting in lieu thereof "September 30, (b) PROGRAM FLEXIBILITY.-Section "(3) In considering applications under this 1989", "October 1, 1989", "April 1, 1988", 412l is amended- section, the Administrator shall accord pri­ and "July 1, 1988", respectively. {1) by striking out "in-residence"; and ority for approval to an application from a SEC. 4. EXTENSION OF AUTHORITY TO PROVIDE <2> by striking out "medical and health". State- MEDICAL CARE IN THE REPUBLIC OF (C) SHARING OF TRAINING PROGRAMS.-Sec- " CA> that has made sufficient funds avail­ THE PHILIPPINES. tion 4123 is amended- able for construction of the Section 632 is amended- (1) by inserting "(a)" before "The Chief State home facility for which the grant is (1) by striking out "September 30, 1986" Medical Director"; requested so that such construction or ac­ in subsection and inserting in lieu there­ (2) by striking out the third and fourth quisition may proceed upon approval of the of "September 30, 1989"; and sentences; and grant without further action required by (2) by striking out "for each fiscal year (3) by adding at the end the following; the State to make such funds available for during the period beginning on October 1, "(b) To the extent that facilities are avail­ such purpose; or 1981, and ending on September 30, 1986," in able, medical and health personnel from "CB> that does not have a State home fa­ subsection (b)(l) and inserting in lieu there­ outside the Department of Medicine and cility con5tructed with assist­ of "for each of fiscal years 1987, 1988, and Surgery may, on a reimbursable basis, be ance under this subchapter of section 4110 is amended to under sharing arrangements entered into by (2) by striking out paragraph (2). read as follows: the Chief Medical Director and the heads of (d) TECHNICAL AMENDMENT.-Section 5031 "(a){l) The Administrator may appoint the entities providing such reciprocal train­ is amended by redesignating paragraphs (a), boards to be known as disciplinary boards. ing. Any amounts received by the United Cb), , and as paragraphs (1), (2), (3), Each such board shall consist of not less States as reimbursement under this subsec­ and (4), respectively. than three nor more than five employees of tion shall be credited to the applicable Vet­ (e) EFFECTIVE DATE.-The amendments the Department of Medicare and Surgery erans' Administration Medical Appropria­ made by this section shall take effect on Oc­ who are senior in grade. tion.". tober 1, 1986. "(2) A disciplinary board shall determine SEC. 8. PERIOD OF OBLIGATED SERVICE UNDER charges in a covered disciplinary action SCHOLARSHIP PROGRAM. SEC. 11. IONIZING RADIATION REGISTRY. brought against a person employed in a po­ Section 4142(e)(l) is amended by inserting 610Ce){l)(B) of title 38, United States Code, "(5) For the purposes of this subsection, after "Administrator" both places it appears and- the term 'covered disciplinary action' means the following: "based on the facility plans who has applied for hospital or nurs­ a disciplinary action- and recommendations of the Chief Medical ' ing home care from the Veterans' Adminis­ " CA> arising from performance or conduct Director". tration under such title; of duties during a person's tenure with the SEC. 10. REVISION OF STATE HOME CONSTRUCTION who has filed a claim for compensa­ Veterans' Administration; and GRANT PROGRAM. tion under chapter 11 of such title on the "CB> proposing that the person involved (a) AUTHORIZATION OF APPROPRIATIONS.­ basis of a disability which may be associated be removed, suspended for more than 14 Subsection of section 5033 is amended to with the exposure to ionizing radiation; or days, or given a demotion involving the loss read as follows: who has died and is survived by a of grade or pay.". "(a)( 1) There are authorized to be appro­ spouse, child, or parent who has filed a (b) DETERMINATIONS OF THE BOARD.-Sub­ priated to the Administrator for grants claim for dependency and indemnity com­ section of such section is amended by under this section amounts as follows: pensation under chapter 13 of such title on striking out "suitable" and all that follows "(A) The sum of $50,000,000 for fiscal year the basis of the exposure of such veteran to in the first sentence and inserting in lieu 1987. ionizing radiation. thereof "that the proposed disciplinary " the veteran's medical history, latest ministrator.". 1989. health status recorded by the Veterans' Ad- 18874 CONGRESSIONAL RECORD-HOUSE August 4, 1986 ministration, physical examinations, and medical center attributable to the authority from Pennsylvania, the very able clinical findings; and provided such director under this section. chairman of our Subcommittee on a statement describing birth defects, if REPORTs.-The Administrator shall Hospitals and Health Care, Mr. EDGAR, any, in the natural children of the veteran. submit to Congress an annual report on the (3) Data on claims for the compensation pilot program under this section. for getting this measure to the House referred to in paragraph <1 ), including deci­ (f) DURATION OF PROGRAM.-The pilot pro­ floor for consideration. Under his dy­ sions and determinations of the Veterans' gram under this section shall expire on Sep­ namic leadership for the past several Administration relating to such claims. tember 30, 1989. years, veterans' health care has been (4) An estimate of the dose of radiation to SEC. 13. PROHIBITION ON DECLARING CERTAIN improved substantially. Due to his un­ which each veteran listed in the Registry VETERANS' ADMINISTRATION REAL PROPERTY TO BE EXCESS. tiring efforts, bill after bill has been was exposed under the conditions described passed by the Congress and enacted in section 610(e)(l)(B) of such title. (a) PROHIBITION.-The Administrator of (C) CONSOLIDATION OF EXISTING lNFORMA­ Veterans' Affairs may not declare as excess into law providing benefits for many TION.-For the purpose of establishing and as needs to the Veterans' Administration, or years to come for many deserving, maintaining the Registry, the Administra­ otherwise take any action to dispose of, the needy veterans. BoB EDGAR cares for tor shall compile and consolidate- real property described in subsection . If veterans and he has demonstrated on the date of the enactment of this Act ( 1) relevant information maintained by time and time again his commitment the Department of Veterans' Benefits and any such property is under the jurisdiction to their health and well-being. I know the Department of Medicine and Surgery of of an agency of the United States other than the Veterans' Administration, such of few Members in the House who the Veterans' Administration, property shall be transferred to the Veter­ have helped veterans more than the (2) relevant information maintained by ans' Administration. gentleman from Pennsylvania [Mr. the Defense Nuclear Agency of the Depart­ (b) DESCRIPTION OF PROPERTY.-The prop­ EDGAR]. He has protected the health ment of Defense; and erty referred to in subsection is certain <3> any relevant information maintained care budget, he has demanded that fa­ land and improvements as the Veterans' Ad­ cilities be kept up-to-date and he has by any other element of the Veterans' Ad­ ministration Medical Center, West Los An­ ministration or the Department of Defense. geles, California of title 38, United States ranking minority member of the sub­ and institutions> shall, to the maximum Code; in June 1986. committee and the full committee. extent feasible, seek out veterans who par­ SEC. 14. REPEAL OF CERTAIN VETERANS' ADMINIS· The quality of health care provided ticipated in the testing of atomic and nucle­ TRATION REPORT REQUIREMENTS. veterans would not be what it is today ar weapons or devices, as well as those who (a) CONTRACT DENTAL CARE JUSTIFICA­ without the good work of the gentle­ participated in the occupation of Hiroshima TION.-Section 612Cb) is amended by striking and Nagasaki, Japan, and provide them with man from Arkansas. out paragraph (4). I also want to commend LANE EVANS information regarding the Registry. (b) EXCHANGE OF MEDICAL INFORMATION (f) DEFINITION.-For the purpose of this PROGRAM.-Section 5057 is amended- of Illinois, Dr. ROY ROWLAND of Geor­ section, the term "veteran" has the meaning 0 > by striking out "separate reports" and gia, and Mr. HAMMERSCHMIDT for their given that term in section 101<2> of title 38, inserting in lieu thereof "a report"; and outstanding leadership and hard work United States Code, and includes a person (2) by striking out "sections 5053 and 5054 provided on behalf of veterans ex­ who died in the active military, naval, or air of this subchapter, each report to" and in· posed to ionizing radiation. This bill service. serting in lieu thereof "section 5053 of this reflects the work of many members of (g) EFFECTIVE DATE.-The Registry shall title. Each such report shall". the subcommittee and I am grateful to be established not later than 180 days after SEC. 15. TECHNICAL AMENDMENT. the date of the enactment of this Act. all of them. Section 610 of title 38, United In general, the provisions in this bill SEC. 12. PILOT PROGRAM ON HOSPITAL MANAGE· States Code, is amended by inserting "who MENT EFFICIENCY. is in receipt of, or" after "veteran". are intended to aid the VA in achiev­ (a) ESTABLISHMENT OF PROGRAM.-The Ad­ SEC. 16. OUTPATIENT CLINIC. NEW JERSEY. ing more efficiency from its resources ministrator shall carry out a pilot program The Administrator of Veterans' Affairs while maintaining the high quality of to determine the effect of the authorities shall establish and operate, as part of the health care that is delivered for our provided by this section on the efficiency Department of Medicine and Surgery of the veterans. and economy of the management of Veter­ Veterans' Administration, an outpatient The several provisions contained in ans' Administration medical centers. clinic in central or southern New Jersey. this bill are described in detail in the (b) DESIGNATION OF MEDICAL CENTERS.­ The Administrator shall designate five med­ The SPEAKER pro tempore. Is a report accompanying it. I will not take ical centers to participate in the pilot pro­ second demanded? up the time of my colleagues to de­ gram. The Administrator shall consult with Mr. HAMMERSCHMIDT. Mr. scribe them all now. However, there the Committee on Veterans' Affairs of the Speaker, I demand a second. are a few items that I would like to Senate and House of Representatives before The SPEAKER pro tempore. With­ stress. making such designation. out objection, a second will be consid­ First, this bill would again this year (C) MANAGEMENT EFFICIENCY.-The Direc­ ered as ordered. provide clear statutory authority for tor of a medical center designated under There was no objection. the VA to furnish respite care in VA subsection Los Angeles, whom I represent, and on in the Philippines for 3 years. The changes in this program would behalf of the veterans of Los Angeles Strengthens VA's internal proce­ allow the VA to use modern technolo­ County. dures for certain disciplinary actions. gy and allow such ideas as "remote" Included in H.R. 4623, as the gentle­ Improves procedures for VA's re­ classes for geographically isolated VA man earlier said, is a provision that quired study of pay comparability. medical staff. would block the sale of 80 acres of fed­ Improves VA's regional Medical Edu­ This bill would also prohibit the VA erally owned land around the VA Med­ cation Program and its Health Profes­ from declaring as excess real property ical Center in Westwood, Los Angeles, sional Scholarship Program. at the West Los Angeles and Sepulve­ a sale that the Reagan administration Improves VA's sharing endeavor da VA Medical Centers. Testimony at unwisely recommended in its 1987 with the Department of Defense and committee hearings and visits by mem­ budget as a way to reduce the Federal changes certain procedures with re­ bers and staff of the Committee on deficit. spect to the construction of State Veterans' Affairs and by members of Mr. MONTGOMERY realized immedi­ homes. the California congressional delega­ ately the serious impact this sale Mr. Speaker, another provision of tion have all provided no evidence to would have on the increasing number H.R. 4623 is deserving of special com­ support the notion of disposing of this of veterans who will need care in the ment. Chairman MONTGOMERY and I land. You know, Mr. Speaker, we are future, and introduced legislation, co­ have sponsored the idea of VA con­ not manufacturing any more land in sponsored by the gentleman from Cali­ ducting a test program designed to de­ our country. We need to be cautious in fornia and several others also from the termine if selected directors of VA changing the uses of the land we have. State of California, to block the sale. medical facilities can manage those fa­ We need to carefully think about the He called hearings so that Federal, cilities more efficiently and effectively future uses of the land based on valid State, and local representatives could if they are left at least partially unfet­ and compelling factors. testify about the impact of the sale on tered by voluminous rules and regula­ The measure before us would extend the area. In fact, Westside and tions. The idea is generally approved the Psychological Readjustment Westwood residents and their govern­ by the Veterans Administration and it Counseling Program the investigation and pros­ centers would be freed from meeting assigned ecution of cases of child abuse, particularly MERSCHMIDT and the other members of child sexual abuse. ceiling levels. the committee for their hard work, "(2) In order for a State to qualify for as­ In ordering the bill reported, the committee and I ask full support of this legisla­ sistance under this subsection, such State underscores its intent that the purpose of this tion and point out, Mr. Speaker, that shall- pilot program is to test whether increased " fulfill the requirements of subsec­ management flexibility would improve the effi­ on the majority leader's table here tions (b)(2) and (4) or receive a waiver of ciency and economy of the operation of VA there are blue sheets that explain in such requirements under subsection <3>; medical centers. This measure is intended to further detail and in full the bills "CB) establish a task force as provided in authorize the establishment of a decisionmak­ which we are acting on here today. paragraph (3); "C C) fulfill the requirements of paragraph ing environment for the period of the pilot pro­ Mr. Speaker, I have no further re­ quests for time, and I yield back the <4>; and gram within which VA managers improve pro­ "(D) submit an application to the Secre­ ductivity and achieve efficiences to enable balance of my time. tary at such time and containing such infor­ them to provide better service to VA patients. The SPEAKER pro tempore The next $5,500,000 deposited in the ment, legal, judicial, medical, mental health, cases), child advocates, health and mental Fund in a particular fiscal year shall be and child welfare personnel in appropriate health professionals, individuals represent­ available for grants as provided in section methods· of interacting during investigative, ing child protective service agencies, individ­ 1404A. administrative, and judicial proceedings uals experienced in working with handi­ " Any deposits in the Fund in a par­ with children subjected to child abuse;"; capped children, parents, and parents ticular fiscal year in excess of $105,500,000 (4) by amending paragraph <7> .". "<7> conduct research on the causes, pre­ commission or task force established after <3> The Victims of Crime Act of 1984 is vention, identification, and treatment of January 1, 1983, with substantially compa­ amended by inserting after section 1404 the child abuse and neglect, and on appropriate rable membership and functions, may be following new section: and effective investigative, administrative, considered the task force for the purposes "CHILD ABUSE PREVENTION AND TREATMENT and judicial procedures in cases of child of this subsection. GRANTS abuse;"; and "(C) Before a State receives assistance "SEc. 1404A. Amounts made available by (5) by inserting after paragraph (9) evaluate the effectiveness of assisted paragraph <4>. The task force may make gated by the Secretary by the end of the programs in achieving the objectives of sec­ such other comments and recommendations fiscal year in which funds are made avail­ tion 4; and as are considered relevant and useful. able for allocation, shall be reallocated for " submit a report to the appropriate "(4)(A) Subject to the provisions of sub­ award under section 1404Ca), except that committees of the Congress of such evalua­ paragraph . the State shall adopt recom­ with respect to funds deposited during fiscal tion and of technical assistance in achieving mendations of the task force in each of the year 1986 and made available for obligation the objectives of such section provided to following categories: during fiscal year 1987, any unobligated por­ the States through the National Center on "(i) investigative, administrative, and judi­ tion of such amount shall remain available Child Abuse and Neglect.". cial handling of cases of child abuse, par­ for obligation until September 30, 1988.". (b) DISSEMINATION REQUIREMENT.-Infor­ ticularly child sexual abuse cases, in a <4> Section 1404 of the Victims of Crime mation and materials under sections 2(b)(2) manner which reduces the additional Act of 1984 is amended by striking out "(c)" and 2<5> of the Act shall be made avail­ trauma to the child victim and which also and all that follows through "The Federal able to appropriate State officials not later ensures procedural fairness to the accused; Administrator shall-" in paragraph (3) and than 180 days after the date of enactment "(ii) experimental, model, and demonstra­ inserting in lieu thereof the following: of this Act. tion programs for testing innovative ap­ " The Attorney General, acting SEC. 104. COORDINATION OF FEDERAL PROGRAMS proaches and techniques which may im­ through the Assistant Attorney General for CONCERNING CHILD ABUSE. prove the rate of successful prosecution or the Office of Justice Programs, shall make Section 6 of the Child Abuse Preven­ enhance the effectiveness of judicial and ad­ grants- tion and Treatment Act is amended- ministrative action in child abuse cases, par­ " for training and technical assistance <1) by inserting after the first sentence ticularly child sexual abuse cases, and which services to eligible crime victim assistance "The Advisory Board shall meet at least also ensure procedural fsi.irness to the ac­ programs; and every six months."; and cused; and " for the financial support of services (2) in the second sentence by inserting "in "(iii) reform of State laws, ordinances, reg­ to victims of Federal crime by eligible crime order to prevent unnecessary duplication of ulations, and procedures to provide compre­ victim assistance programs. such programs, to ensure efficient alloca­ hensive protection for children from abuse, "(2) Of the amount available for grants tion of resources, and to assure that pro­ particularly sexual abuse, while ensuring under this subsection- grams effectively address all aspects of the fairness to all affected persons. " not less than 50 percent shall be used child abuse problem" after "Board". " As determined by the Secretary, a for grants under paragraph <1 >; and State shall be considered to be in fulfill­ "(B) not more than 50 percent shall be SEC. 105. ACQUISITION OF STATISTICAL DATA. ment of the requirements of this paragraph used for grants under paragraph (l)(B). (a) DATA ACQUISITION FOR 1987 AND 1988.­ if- "(3) The Assistant Attorney General for The Attorney General shall acquire from "(i) the State adopts an alternative to the the Office of Justice Programs shall-". criminal justice agences statistical data, for recommendations of the task force, which (5) Section 1404<1> of the Victims of the calendar years 1987 and 1988, about the carries out the purposes of this subsection, Crime Act of 1984 is amended by striking incidence of child abuse, including child in each of the categories under subpara­ out "not used for grants under section 1403" sexual abuse, and shall publish annually a graph for which the task force's recom­ and all that follows through "subsection summary of such data. mendations are not adopted; or (c)" and inserting in lieu thereof "made (b) MODIFICATION OF UNIFORM CRIME RE­ "(ii) the State is making substantial available by section 1402<2> for the pur­ PORTING PROGRAM.-( 1) As soon as practica­ progress towards adopting the recommenda­ pose of grants under this subsection, or for ble, but in no case later than January 1, tions of the task force or a comparable al­ the purpose of grants under section 1403 1989, the Attorney General shall modify the ternative to such recommendations. but not used for that purpose". uniform crime reporting program in the "(5) For grants under paragraph (1), the SEC. 103. THE NATIONAL CENTER ON CHILD ABUSE Federal Bureau of Investigation to include Secretary shall use the amount authorized AND NEGLECT. data on the age of the victim of the offense by section 1404A of the Victims of Crime (a) STUDIES AND REPORTS.-Section 2(b) of and the relationship, if any, of the victim to Act of 1984.". the Act is amended- the offender, for types of offenses that may (b) CRIME VICTIMS FuND.-0) Section (!) by redesignating paragraphs (2), (3), involve child abuse, including child sexual 1402 of the Victims of Crime Act of <4>. (5), <6>. and (7) as paragraphs <3), <4>. abuse. 1984 <42 U.S.C. 1060l by inserting after paragraph (1) the remain in effect until the later of- lieu thereof "$110 million". following new paragraph: 10 years after the date it is made; or <2> Section 1402<2> of such Act is "(2) compile, evaluate, publish, and dis­ such ending date as may be set by the amended to read as follows: seminate to each State such materials and Attorney General. "(2) The Fund shall be available as fol­ information as may assist the States in SEC. 106. AMENDMENT OF PUBLIC HEALTH SERV­ lows: achieving the objectives of section 4. in­ ICE ACT. " Of the first $100,000,000 deposited in cluding an evaluation of various methods SECTION 523.-Section 523 of the the Fund in a particular fiscal year- and procedures for the investigation and Public Health Service Act <42 U.S.C. 290dd- " (i) 49.5 percent shall be available for prosecution of child phyiscal and sexual 3(e)) is amended by adding after and below grants under section 1403; abuse cases and resultant psychological paragraph (2) the following: "The prohibi­ "(ii) 45 percent shall be available for trauma of the child victim;"; tions of this section do not apply to the re­ grants under section 1404; (3) by inserting after paragraph (4) ; and "(5) develop and disseminate, to appropri­ priate State o local authorities.". " 4.5 percent shall be available for ate State and local officials, model training Cb) SECTION 527,-Section 527 of such grants as provided in section 1404A. materials to assist in training law enforce- Act <42 U.S.C. 290ee-3(e)) is amended by 18880 CONGRESSIONAL RECORD-HOUSE August 4, 1986 adding after and below paragraph <2> the priority consideration to agencies and orga­ The Chair recognizes the gentleman following: "The prohibitions of this section nizations with experience in working with from Montana [Mr. WILLIAMS]. do not apply to the reporting under State handicapped and chronically ill children law of incidents of suspected child abuse and their families and which serve commu­ Mr. WILLIAMS. Mr. Speaker, I yield and neglect to the appropriate State or local nities with the greatest need for such serv­ myself such time as I may consume. authorities.". ices; Mr. Speaker, today we have the op­ TITLE II-TEMPORARY CHILD CARE in the distribution of funds made portunity to address a very serious FOR HANDICAPPED CHILDERN AND available under section 204, the State will health and safety problem affecting CRISIS NURSERIES give priority consideration to agencies and our children. The problem is child organizations with experience in working SEC. 201. SHORT TITLE. sexual abuse. This problem is not new. with abused or neglected children and their This title may be cited as the "Temporary families, and with children at high risk of What is new is the recognition by the Child Care for Handicapped Children and abuse and neglect and their families, and public of the seriousness and complex­ Crisis Nurseries Act of 1986". which serve communities which demon­ ity of the problem and the fact that SEC. 202. FINDINGS. strate the greatest need for such services; our social service agencies, our police, The Congress finds that it is necessary to and and our courts are not successfully establish demonstration programs of grants CE> Federal funds made available under dealing with the crisis. to the States to assist private and public this title will be so used as to supplement agencies and organizations provide: tem­ and, to the extent practicable, increase the On January 31, 1974, Congress en­ porary non-medical child care for children amount of State and local funds that would acted the Child Abuse Prevention and with special needs to alleviate social, emo­ in the absence of such Federal funds be Treatment Act to provide Federal fi­ tional, and financial stress among children made available for the uses specified in this nancial assistance for the identifica­ and families of such children, and crisis title, and in no case supplant such State or tion, prevention, and treatment of nurseries for children who are abused and local funds. child abuse-including child sexual neglected, at risk of abuse or neglect, or who (b) AWARD OF GRANTS.- abuse-and neglect. This legislation, are in families receiving child protective ( 1> In reviewing applications for grants services. under this title, the Secretary shall consid­ despite some serious implementation SEC. 203. TEMPORARY CHILD CARE FOR HANDI­ er, among other factors, the equitable geo­ problems, is having a positive effect on CAPPED AND CHRONICALLY ILL CHIL­ graphical distribution of grants. States' efforts to identify, prevent, and DREN. (2) In the award of temporary non-medi­ treat child abuse. The Secretary of Health and Human Serv­ cal child care demonstration grants under Unfortunately, the existing law has ices shall establish a demonstration pro­ section 203, the Secretary shall give a pref­ not brought about material improve­ gram of grants to States to assist private erence to States in which such care is un­ ment in an extremely important and public agencies and organizations to available. provide in-home or out-of-home temporary <3> Of the funds appropriated under sec­ aspect of the problem; namely, the in­ non-medical child care for handicapped chil­ tion 206, one-half shall be available for vestigation and prosecution of child dren, and children with chronic or terminal grants under section 203 and one-half shall abuse cases, particularly child sexual illnesses. Such care shall be provided on a be available for grants under section 204. abuse cases. Currently, many child vic­ sliding fee scale with hourly and daily rates. EVALUATIONs.-States receiving grants tims are being traumatized unneces­ SEC. 20.t. CRISIS NURSERIES. under this title, shall annually submit a sarily by the process. In addition, child The Secretary of Health and Human Serv­ report to the Secretary evaluating funded sexual abuse cases that should be suc­ ices shall establish a demonstration pro­ programs. Such report shall include infor­ mation concerning costs, the number of par­ cessfully prosecuted are being dropped gram of grants to States to assist private or lost because of certain State poli­ and public agencies and organizations to ticipants, impact on family stability, the in­ provide nurseries for children who are cidence of abuse and neglect, and such other cies, practices, or procedures. abused and neglected, are at high risk of information as the Secretary may require. Today, we have before us the vehicle abuse and neglect, or who are in families re­ (d) DEFINITIONS.-For the purposes of this to correct these deficiencies-the ceiving child protective services. Such serv­ title- House substitute to S. 140, the Chil­ ice shall be provided without fee for a maxi­ (1) the term "Secretary" means the Secre­ dren's Justice and Assistance Act of mum of 30 days in any year. Crisis nurseries tary of Health and Human Services; 1986. I urge my colleagues to support shall also provide referral to support serv­ <2> the term "handicapped children" has the meaning given such term in section this crucial legislation. S. 140 was ices. originally introduced by Senator HAW­ SEC. 205. ADMINISTRATIVE PROVISIONS. 602 of the Education of the Handi­ (a) APPLICATIONS.- capped Act; KINS and reflects amendments made (1) Any State which desires to receive a (3) the term "crisis nursery" means a by Senators CRANSTON and DODD. The grant under section 203 or 204 shall submit center providing temporary emergency serv­ bill amends the Child Abuse Preven­ an application to the Secretary in such form ices and care for children; and tion and Treatment Act to authorize and at such times as the Secretary may re­ (4) the term "non-medical child care" grants to States for the purpose of as­ quire. Such application shall- means the provision of care to provide tem­ sisting them in developing, establish­ describe the proposed State program, porary relief for the primary caregiver. SEC. 206. AUTHORIZATION OF APPROPRIATIONS. ing, and operating programs designed including the services to be provided, the to improve: First, the handling of agencies and organizations that will provide There are authorized to be appropriated the services, and the criteria for selection of for the purposes of this title such sums as child abuse cases, particularly cases of children and families for participation in may be necessary for each of the fiscal child sexual abuse, in a manner which projects under the program; years 1987 and 1988. Such sums shall limits additional trauma to the child contain an estimate of the cost of de­ remain available until expended. victim, and second, the investigation veloping, implementing, and evaluating the SEC. 207. EFFECTIVE DATE. and prosecution of cases of child State program; This title shall take effect October 1, 1986. abuse, particularly child sexual abuse. set forth the plan for dissemination of The SPEAKER pro tempore. Is a The House substitute reflects the the results of the projects; and specify the State agency designated to second demanded? critical input of Mr. SIKORSKI, who in­ administer programs and activities assisted Mr. BARTLETT. Mr. Speaker, I troduced H.R. 3858; Mr. DIOGUARDI, under this title and the plans for coordinat­ demand a second. who introduced H.R. 2999 for himself ing interagency support of the program. The SPEAKER pro tempore. With­ and Mr. SIKORSKI; Mr. EDWARDS and (2) Such application shall contain assur­ out objection, a second will be consid­ Mr. MILLER, who introduced H.R. 2791, ances that- ered as ordered. Mr. JEFFORDS, Mr. BARTLETT, Mr. not more than 5 percent of funds There was no objection. RODINO, Mr. SENSENBRENNER, Mr. CON­ made available under this title will be used The SPEAKER pro tempore. The YERS, Mr. WAXMAN, Mr. MADIGAN, for State administrative costs; gentleman from Montana CMr. WIL­ among others. As you can see, the sub­ (B) projects will be of sufficient size, scope, and quality to achieve the objectives LIAMS] will be recognized for 20 min­ stitute amendment is truly a biparti­ of the program; • utes and the gentleman from Texas san effort. in the distribution of funds made CMr. BARTLETT] will be recognized for It should also be noted that title I of available under section 203, a State will give 20 minutes. the substitute amendment was drafted August 4, 1986 CONGRESSIONAL RECORD-HOUSE 18881 with the assistance of Senators HAW­ public agencies and organizations to thorized under the prov1s1ons in current KINS. DENTON, CRANSTON, GRASSLEY, provide crisis nurseries for children law. In fact, it is expected that current ef­ and DODD and has their full support. who are abused and neglected, are at forts will continue. C. Allocations of Funds. Title I of the substitute amends the high risk of abuse and neglect, or who Funds made available under the bill must Child Abuse Prevention and Treat­ are in families receiving child protec­ be allocated among the States and territo­ ment Act to authorize grants to States tive services. Such service shall be pro­ ries in the same manner as the State grants for the same purposes described above. vided without fee for a maximum of 30 distributed under the Act. Funding for these grants will be from days in any year. Crisis nurseries shall D. Source of Funds. fines, penalty assessments, and other also provide referral to support serv­ Funding for programs added by the bill is moneys deposited into the crime vic­ ices. The authorization level is set at authorized under section 1404A of the Vic­ tims fund by criminals and persons "such sums." tims of Crime Act of 1984, which is added by who forfeited appearance bonds and At this time, I would like to include this bill. bail bonds. Congress is not asked to in the RECORD, a more detailed descrip­ Under the Victims of Crime Act of 1984, a appropriate any additional funds. Crime Victims Fund ; cer­ child abuse and neglect prevention the jurisdiction of the Subcommittee tain prescribed penalty assessments; the and treatment programs funded under on Select Education, which I chair. proceeds of forfeited appearance bonds, bail section 4(b) of the act. The State must I urge my colleagues to support this bonds and collateral collected pursuant to also establish a multidisciplinary task critical legislation. Victims of child Federal law; and any money ordered to be force which will make recommenda­ abuse, particularly child sexual abuse, paid into the Fund pursuant to Federal law. tions to the State; submit an applica­ deserve our support. Under existing law, during a particular tion to the Secretary; and adopt rec­ fiscal year, the deposits may not exceed SUBCOMMITTEE ON SELECT EDUCATION, COM­ $100 million, with the excess being deposit­ ommendations of the task force in MITTEE ON EDUCATION AND LABOR, MR. WIL­ ed in the general fund of the Treasury. Cur­ each of three categories specified in LIAMS, CHAIRMAN rently, money in the Fund is used for crime the bill, or adopt an alternative to the DESCRIPTION OF THE PROVISIONS RELATED TO victims compensation program and crime recommendations of the task force in THE CHILD ABUSE PREVENTION AND TREAT­ victims assistance programs. Under current each of the categories, or make sub­ MENT ACT INCLUDED IN THE AMENDMENT IN law, the Attorney General may in any fiscal stantial progress toward adopting the THE NATURE OF A SUBSTITUTE TO S. 140, THE year deduct from the amounts available for recommendations of the task force or CHILDREN'S JUSTICE ACT the crime victim assistance programs an a comparable alternative. The Senate recently passed S. 140, the amount not to exceed 5 percent of the Title I of the substitute also speci­ Children's Justice Act. Today, the House is amount in the Fund and expend the fies new functions to be performed by considering an Amendment in the Nature of amount so deducted to provide services to a Substitute to S. 140 (hereinafter referred victims of Federal crimes by the Depart­ the National Center on Child Abuse to as "the bill"). The purpose of this de­ ment of Justice, or reimburse other instru­ and Neglect; improves the coordina­ scription is to explain the intent of various mentalities of the Federal government oth­ tion of Federal programs concerning provisions in the bill that are related to the erwise authorized to provide such services. child abuse; enhances the acquisition Child Abuse Prevention and Treatment Act The bill amends the Victims of Crime Act of data concerning child abuse, includ­ is authorized to make grants crime victim assistance purposes. Subse­ alcohol and drug abuse prevention quently, however, the Administration treatment programs to clarify that the to States for the purpose of assisting them in developing, establishing, and operating sought to prevent the expenditure of that Federal confidentiality statutes do not programs designed to improve: <1 > the han­ money. Justice Management Division, U.S. supersede the application of State dling of child abuse cases, particularly cases Department of Justice, FY1987 Budget laws requiring the reporting of sus­ of child sexual abuse, in a manner which Summary 49 (January 1986). The Adminis­ pected incidences of child abuse by limits additional trauma to the child victim, tration also sought an even greater cut-back State or local authorities. and <2> the investigation and prosecution of in the expenditure of the money collected Title II of the substitute creates two cases of child abuse, particularly child during fiscal year 1986, proposing to limit sexual abuse. expenditure of that money to $35 million. new programs: First, Temporary Child Id. Care for Handicapped Children: and Four aspects of this new program are noted: the applicability of current law; the We believe not only that the proposed re­ second, Crisis Nurseries. The gentle­ relationship to existing programs designed ductions for fiscal years 1986 and 1987 man from California, GEORGE MILLER, to accomplish similar objectives; the stand­ should not be implemented, but also that will describe these programs in greater ards for allocating funds among the States; the Fund should be increased. Section detail. and the source of the funds. 102Cb)(l> of the amendment in the nature of Under the Temporary Child Care for A. Applicability of Current Law. a substitute therefore raises the ceiling on Handicapped Children Program, the In order to qualify for a grant added by the Crime Victims Fund to $110 million. Secretary of HHS is authorized to es­ the bill, a State must, among other things, This action ensures that all money deposit­ tablish a demonstration program of satisfy the same requirements or secure the ed in the Fund during fiscal years 1985 and same waiver that is currently applicable to 1986 (up to $110 million> will be expended. grants to States to assist public and all child abuse and neglect prevention and Second, of the first $100 million deposited private agencies and organizations to treatment programs funded under section into the fund in a particular fiscal year, provide in-home or out-of-home tem­ 4(b) of the Act. 4.5% must be used by the Secretary of HHS porary nonmedical child care for B. Supplement Not Supplant Existing Ef­ for children's justice grants. The next $5.5 handicapped children with chronic or forts. million deposited in the fund must also be provided on a sliding scale with hourly the Secretary, through the National Center used for children's justice grants. on Child Abuse and Neglect, is currently It is the intent of Congress that all of the and daily rates. The authorization funding some programs that are designed to funds made available for children's justice level is set at "such sums." accomplish objectives that are the same or grants be obligated by the Secretary of HHS Under the Crisis Nurseries Program, similar to the objectives in the bill. Nothing in an expeditious fashion. Abused children the Secretary of HHS is authorized to in the bill should be construed to limit the cannot be permitted to suffer the adverse establish a demonstration program of authority of the Secretary to continue the consequences of the Secretary's failure to grants to States to assist private and funding of these or additional programs au- obligate these funds. 18882 CONGRESSIONAL RECORD-HOUSE August 4, 1986 However, should any portion of the In addition, the State is considered to be and procedures for receiving the testimony amount set-aside for children's justice in fulfillment of the requirements if it is of the child abuse victim. grants not be obligated by the end of the making substantial progress towards adopt­ In making recommendations and testing fiscal year, such amounts must be reallo­ ing the recommendations of the task force innovative approaches under this category, cated to the Attorney General for ma~ing or a comparable alternative to such recom­ it is of particular importance that the con­ program assistance grants, except that with mendations in each of the categories. stitutional rights of the accused not be abro­ respect to all funds deposited during the gated. Researchers have found that many of current fiscal year and made available for obliga­ The bill sets out three categories of re­ latures, particularly those pertaining to tion during fiscal year 1987, any unobligated forms. Under each category, the task force competency and procedures for receiving portion of such amount shall remain avail­ ; enhancing the child's communication gentleman from New York CMr. Drn­ ministrative change. Therefore, the task skills through dolls, artwork, and simplified GUARDI]. force may consider making recommenda­ vocabulary; modifying the physical environ­ Mr.- DrnGUARDI. Mr. Speaker, as tions which may be accomplished by admin­ ment by providing a small chair for the the original House sponsor of the istrative or judicial order or by improve­ child, having the judge sit on a level with ment which can be achieved by better en­ Children's Justice Act, I rise in strong the child or wear business clothes instead of support of this bill's passage. forcement or implementation of existing a robe; preparing child victims before their laws or procedures. courtroom appearances by briefing them on Mr. Speaker, there are many people IV. Obligation of the State regardng the task the roles of people in the courtroom, intro­ in our Nation who must rely on our force's recommendations ducing them to the judge, taking them for a Government to protect their rights With respect to the task force's recom­ tour of the courtroom, and allowing them to and well-being. However, I do not be­ mendations, the State must: Cl> adopt rec­ sit in the witness chair and speak into the lieve that any segment of our society ommendations of the task force in each of microphone. is more dependent upon this protec­ the three categories described below; or (2) Some of the examples set out below under tion than our children. Without a adopt an alternative to the recommenda­ category 2 are also designed to reduce the doubt, children are the most vulnera­ tions of the task force which carries out the trauma to the child victim. purposes in each of the categories for which B. Category 2-Improving the Chances of ble individuals among us. Our chil­ the task force's recommendations are not Successful Prosecution. dren's survival is entirely dependent adopted. The second category includes experimen­ upon an adult world that must feed, For example, where the task force makes tal, model, and demonstration programs for clothe, and shelter them. While many five recommendations under category 1, six testing innovative approaches and tech­ will say that these responsibilities recommendations under category 2, and niques which may improve the rate of suc­ should fall upon the parents of these seven recommendations under category 3, cessful prosecution or enhance the effective­ children, a great portion of the re­ the State is considered in compliance with ness of judical and administrative action in sponsibility of protecting our children this requirement if it adopts one of the five child abuse cases, particularly sexual abuse recommendations under category 1, adopts cases, and which also ensure procedural from malicious abuse and exploitation none of the recommendations under catego­ fairness to the accused. Examples include must be assumed by our Government. ry 2 but adopts an alternative, and adopts experimental, model and demonstration I am proud to say that the Congress three of the seven recommendations under programs that rely on modifications to rules has had a successful history in fulfill­ category 3. pertaining to competency, corroboration, ing this obligation. Many of our first August 4, 1986 CONGRESSIONAL RECORD-HOUSE 18883 laws designed to promote positive may be involved with cases of child on Child Abuse and Neglect; second, to social changes were ones to protect sexual abuse. require the collection of statistical children's rights, such as strong laws An important feature of this bill is data on the incidence of child abuse, prohibiting the abusive use of child that it does not mandate any reforms. and to include such data in the uni­ labor. Unfortunately, new problems Rather it provides the States the op­ form crime reporting system main­ have confronted our Nation with portunity to examine their own proce­ tained by the FBI; and third, to clarify regard to the protection of our chil­ dures for handling child sexual abuse the balance between the confidential­ dren. and to implement changes which best ity of patient records at federally as­ The problem we address this after­ meet the needs of their individual sisted drug and alcohol abuse treat­ noon is perhaps one of the most hei­ State. New York and Montana may ment programs and the mandatory re­ nous crimes in our society, the sexual discover that their needs require dif­ porting of suspected cases of child abuse of children, which is increasing ferent approaches to meet the goals of abuse and neglect, to make it clear every day. In fact, after I introduced the act. This bill allows them the that such programs can report sus­ the Children's Justice Act, I was flexibility to address their specific pected child abuse cases. shocked to learn of a major child needs. In addition, the very establish­ The amendment in the nature of a abuse scandal within my own district ment of a task force will represent a substitute is the result of a year of bi­ in the city of Mount Vernon, where positive step for those States that partisan work, involving several com­ the operators of a day care center have yet to closely examine this issue. mittees in both Houses. I would like to were accused of sexually abusing chil­ I want to take this opportunity to commend the chairman of the Sub­ dren for profit and were charged with commend Chairman WILLIAMS for the committee on Select Education, Mr. several counts of rape and sodomy. fine work he and his subcommittee WILLIAMS, and the ranking minority While I do not wish to make specific have done on this bill. His efforts were comments on this case, which is now instrumental in bringing this bill to member, the gentleman from Texas, under trial, young children were alleg­ the floor. I also .want to extend my ap­ Mr. BARTLETT, for the fine work he edly held down by the operator of the preciation to Mr. SIKORSKI who intro­ and his staff did to improve the center while an employee raped them, duced the Children's Justice Act with Senate-passed bill. They worked close­ and photographs were taken. Other me and to Mr. BARTLETT and Mr. SEN­ ly . with Senators GRASSLEY and children in my district have fallen SENBRENNER for their work on the mi­ DENTON, with my dear friend and col­ victim to AIDS as a result of sexual nority side. One of the most pleasing league from California, Senator CRAN­ abuse. aspects of this bill has been the tre­ STON, and with the originator of S. 140, These are not isolated incidents. It is mendous amount of bipartisanship the Senator from Florida, Mrs. HAW­ estimated that by their 18th birthday, which has been displayed on behalf of KINS. I would also like to commend the 1 in 10 males, and incredibly, 4 out of our children. ranking member of my subcommittee, every 10 females will be sexually Many of us are parents and would be Mr. SENSENBRENNER, for his contribu­ abused. . horrified if one of our children were tion to this legislation. If these numbers are not troubling sexually abused. Let's take the lead in Mr. Speaker, I am pleased to support enough, what should be is that the helping to combat this crime and this balanced package and the long pain and suffering of a sexually adopt S. 140. overdue reforms it will help bring abused child does not end with the Mr. WILLIAMS. Mr. Speaker, along about. I urge my colleagues to support crime itself, but is extended through with our Committee on Education and it, and I yield back the balance of my our entire judicial process from the Labor, the Judiciary Committee also time. moment the case is reported, to the has maintained an active jurisdiction I would like to stress several points trial in the courtroom. Some children over this bill, and specifically the Sub­ with respect to section 102, on chil­ may never recover from the crime. committee on Civil and Constitutional dren's justice grants, and to describe It is sickening enough to hear stories Rights has jurisdiction over this legis­ in some detail sections 105 and 106 of about the rape of a 3-year-old child. lation. the bill. What sickens and angers me more, Mr. Speaker, I yield 5 minutes to the CHILDREN'S JUSTICE GRANTS however, is hearing of that 3-year-old chairman of that subcommittee and a Child abuse presents a unique chal­ child being put on a witness stand and leader on this issue in the United lenge for the criminal justice system. subjected to increased pain and States, the gentleman from California An abused child suffers extreme trauma by a defense attorney who [Mr. EDWARDS]. trauma from the offense itself, yet in­ knows that by simply confusing that Mr. EDWARDS of California. Mr. sensitivity to the feelings of the child child, the chances of successfully pros­ Speaker, I am pleased to rise in sup­ victim during the investigation and ad­ ecuting his client become virtually port of the amendment in the nature judication of an abuse case can result nonexistent. More than 90 percent of of a substitute to S. 140, the Chil­ in additional trauma. Moreover, fail­ all persons accused of child sexual dren's Justice Act. This legislation is ure to respond to the psychological abuse will go off scot-free and of the further evidence of the Federal com­ pressures on the child can jeopardize 10 percent who are convicted, less mitment to addressing the tragic prob­ the success of a prosecution, for exam­ than 5 percent will serve time in lem of child abuse. ple, if a child is so frightened or em­ prison. This is a shameful record. In addition to authorizing Children's barrassed once he reaches the court­ The purpose of the Children's Jus­ Justice Grants and crisis care pro­ room that he recants or refuses to tes­ tice Act is to encourage States to enact grams, this amendment in the nature tify. reforms that will improve their han­ of a substitute will accomplish three Many States have already begun to dling of child sexual abuse cases. The reforms recommended by a panel on consider innovative techniques for areas we wish to focus upon are the re­ child abuse convened by the California handling child abuse cases in order to duction of trauma a child must endure attorney general, John Van de Kamp, overcome such problems. They have as a result of abuse, and the investiga­ who has been a leader in this area. begun to look for ways to minimize tion and prosecution of child abuse Three of the recommendations issued the additional trauma to the child cases. by his panel were contained in legisla­ victim and improve the chances of suc­ To qualify for assistance under this tion I introduced last year as H.R. cessful prosecution of child abuse act, each State is required to establish 2791, which was referred to the Judici­ cases. This bill is intended to provide a multidisciplinary task force com­ ary Committee. I am pleased to say Federal support for these efforts. posed of professionals in the area of that those provisions were included in Unfortunately, some of the debate children's justice and representing a S. 140. They are, first, to expand the and commentary on child abuse has broad occupational spectrum which responsibilities of the National Center focused on a perceived conflict be- 18884 CONGRESSIONAL RECORD-HOUSE August 4, 1986 tween the constitutional rights of the Among the measures that may child abuse, including child sexual accused and the successful prosecution ensure sensitive treatment of the child abuse. of child sexual abuse cases. This legis­ throughout the criminal justice proc­ Subsection 105(a) mandates the col­ lation, which provides that recommen­ ess are the following: lection of data for calendar years 1987 dations adopted under it must ensure Establishing interdisciplinary teams and 1988. The subsection does not procedural fairness to the accused, for handling child abuse cases, consist­ create any new authority. Rather, it should help focus law reform efforts ing of specially trained law enforce­ directs the Attorney General to use on alternative measures that can bring ment officers and prosecutors, child existing data collection authority to sensitivity and compassion to the trial protective service workers, medical focus on the incidence of child abuse. of child abuse cases without limiting personnel, family counselors, and The subsection directs the Attorney due process rights. This makes good mental health professionals; General to collect data specifically sense from a criminal justice stand­ Providing special training for policy from criminal justice agencies, al­ point, since procedural fairness serves and prosecutors relating to child psy­ though other additional sources of to guarantee confidence in the reliabil­ chology and the dynamics of child data may also be used by the Attorney ity of the outcome and thus in the abuse; General in preparing the annual sum­ credibility of the process. Providing a support person to ac­ maries required by the subsection. It is The notion of "procedural fairness" company the child victim prior to and recognized that the data collected may comprehends at a minimum the con­ during the course of all interviews, not be entirely complete, but it was stitutional guarantees of due process, court appearances, medical examina­ tions and other proceedings; considered imperative to begin the including the sixth amendment rights To avoid repeated interviews, direct­ data collection process immediately. of confrontation and cross examina­ ing law enforcement officers, social Subsection (b) of the bill accom­ tion. These essential rights can be service agencies, and prosecutors to plishes a longer term goal-and one overridden, but only in certain narrow­ conduct joint investigations using a that should guarantee the collection ly defined circumstances. While it single trained interviewer. of reliable statistics-by requiring the would of course be inappropriate for With respect to trial procedures, Attorney General to modify the classi­ States to adopt recommendations that measures can be taken to make the fication system used by the FBI's uni­ videotaped testimony be used in lieu of courtroom and court personnel less in­ form crime reporting [UCRJ system to live testimony in all child abuse cases timidating, thereby enhancing the ac­ include data on child abuse. This or the hearsay rule be waived across curacy and reliability of the child vic­ change was recommended not only by the board for child victims, States tim's recall abilities. Possible reforms the California Attorney General's should explore these issues and may include: commission on child abuse laws, but choose to specify the circumstances, to Enhancing the young child's commu­ also by the U.S. Attorney General's be applied on a case-by-case basis, nication skills through dolls, artwork, Task Force on Family Violence. under which use of videotaping or and simplified vocabulary; The FBI and the Bureau of Justice closed circuit television or hearsay Modifying the physical environ­ Statistics have prepared a "Blueprint statements are consistent with consti­ ment-providing a small chair for the for the Future of the Uniform Crime tutional protections of the rights of child, having the judge sit on a level Reporting Program." The blueprint the accused. with the child or wear business clothes recommends, among other changes, The plight of child victims in the instead of a judicial robe; and that the UCR be modified to include courtroom has generated the most Preparing child victims before their data on the age of the victim and the concern regarding the application of. courtroom appearances by briefing victim-offender relationship for a standard criminal justice procedures them on the roles of people in the number of crimes, including those that to child abuse cases. Recent studies courtroom, introducing them to the may involve child abuse. Section 105 suggest, however, that modern tech­ judge, taking them for a tour of the requires that this recommendation of nologies such as videotaping and courtroom, and allowing them to sit in the blueprint be implemented with re­ closed-circuit television, or modifica­ the witness chair and speak into the spect to crimes that may involve child tions to the hearsay rule or rules of microphone. abuse, but it is intended to allow the competency, are relevant in only a I would like to stress that this is not FBI to make the required modification small fraction of child abuse cases, and merely a model program bill. The chil­ as part of the broader changes called that there are other, less drastic and dren's justice grants could be used to for by the blueprint. Therefore, the less constitutionally problematic meas­ strengthen ongoing programs. For ex­ modification is delayed for over 2 ures for achieving similar effects. Re­ ample, rape-crisis centers, many of years, until January 1989, to allow the forms focused on the trial experience which currently provide services to FBI time to plan and implement the benefit only those few children whose child victims of sexual abuse, might be blueprint changes. If the FBI decides, cases go to trial. The trial is only the eligible for grants under this bill. however, not to go forward with the culmination of a long series of stress­ ACQUISITION OF STATISTICAL DATA blueprint, it will still be required by ful and possibly traumatic events that The substitute for S. 140 includes a subsection Cb) to modify the UCR to the child endures as a case is investi­ number of provisions that I introduced include the specified data on child gated. Multiple interviews conducted last year as H.R. 2791, the proposed abuse. · by insensitive and untrained police Child Abuse Reporting and Clearing­ REPORTING OF SUSPECTED INCIDENTS OF CHILD and other government agents can do house Improvements Act of 1985. ABUSE at least as much damage to children These provisions grew out of a series Section 106 of the bill responds to and to the prosecution's case as a of recommendations issued by a panel another deficiency in child abuse laws court appearance by the child. This convened by the California attorney identified by the California attorney legislation directs the States to focus general, John Van de Kamp. general. It amends sections 523 and on the overall handling of child abuse One of the proposals addressed the 527 of the Public Health Service Act cases, not only on the trial, and to look fact that, despite all the public atten­ to make it clear that the provisions re­ for ways to improve pretrial proce­ tion that has been devoted to the quiring confidentiality of patient dures and investigative practices, problem of child abuse, there are still records for participants in federally as- which do not implicate the procedural no firm statistical data on the number sisted alcohol and drug abuse treat­ protections the Constitution accords of child abuse victims. To correct this ment programs do not supersede State to defendants at trial, so that children deficiency, section 105 of the bill re­ laws mandating the reporting of sus­ will be traumatized less during the quires the Attorney General to collect pected incidents of child abuse and ne­ early stages of a case. statistical data on the incidence of glect. August 4, 1986 CONGRESSIONAL RECORD-HOUSE 18885 The amendment is necessary be­ crimes through collection of fines, We concur with the National Asso­ cause some child protection agencies penalty assessments, and special for­ ciation of Attorneys General, which, and some providers of alcohol and feitures of collateral profits of crime. after noting the "beneficial impact drug abuse treatment services have The fund's ceiling is $100 million, and that the Victims of Crime Act is al­ misconstrued the extent to which sec­ any money from the three sources in ready having to help rehabilitate vic­ tions 523 and 527 and their imple­ excess of that is deposited in the gen­ tims," and pointing out that the "mas­ menting regulations restrict the re­ eral fund of the Treasury. The Attor­ sive cut" proposed by the administra­ porting of child abuse and neglect. ney General makes grants from the tion "will severely damage the major The amendment was deemed neces­ fund to aid State crime victim compen­ reforms engendered by the Victims of sary to make it clear that federally as­ sation programs and to aid crime Crime Act, and will significantly de­ sisted alcohol and drug abuse treat­ victim assistance programs. The crime moralize the growing network of serv­ ment programs can report suspected victim compensation portion of the ice providers and volunteers," unani­ incidents of child abuse and neglect, fund-50 percent-is used to reimburse mously adopted a resolution opposing and to eliminate real or perceived bar­ States with eligible crime victim com­ any reduction in expenditures from riers to such reporting. pensation programs for 35 percent of the fund. The amendment clarifies the bal­ the compensation they pay to crime ance that should be struck between We believe not only that the pro­ victims. Any money in the crime posed reductions for fiscal years 1986 patient confidentiality and child pro­ victim compensation portion that is tection. It recognizes that there and 1987 should not be implemented, left over after all reimbursements but also that the fund should be in­ should be a concern for confidentiality have been made is added to the crime even in cases involving suspected child creased. Section 102(b)(l) of the victim assistance portion of the fund. amendment in the nature of a !5Ubsti­ abuse. It simply makes it clear that The crime victim assistance portion the interest of confidentiality does not tute therefore raises the ceiling on the preclude child abuse reporting as re­ of the fund is used to aid crime victim crime victims fund to $110 million. quired by State law. The amendment assistance programs in the various This action ensures that all money de­ is not intended to relieve treatment States, but the Attorney General may posited in the fund during fiscal years providers of the continued responsibil­ set aside a part of this portion (up to 5 1985 and 1986-up to $110 million­ ity of ensuring that the interests of percent of the total in the fund) to be will be expended. patient confidentiality are protected used for Federal crime victim assist­ Because the amendment uses the to the fullest extent possible. ance purposes. The Attorney General crime victim fund to finance the new The amendment should be applied distributes the money in the fund program authorized in section 102(a), so it does not dissuade persons from available for crime victim assistance we were forced to adjust the allocation coming forward for drug or alcohol purposes to the chief executive of of the fund. The fund presently is di­ abuse treatment, especially since the each State using a formula that gives vided equally between State crime children of untreated substance abus­ each State $100,000 plus a share based victim compensation grants and crime ers are among the most common vic­ on the State's population. victim assistance grants. The State tims of child abuse. The amendment is Money that is deposited in the fund during a fiscal year is normally avail­ crime victim assistance portion of the not intended to suggest that substance fund is distributed by reimbursing eli­ abuse by itself is a condition that must able for expenditure in the next fiscal year, so that money deposited in the gible State crime victim compensation be reported as child abuse or neglect. programs for 35 percent of the com­ As under current practice, there must fund during fiscal year 1985 is spent in pensation they pay to crime victims. be some reason to suspect actual or fiscal year 1986. There are circum­ Any money remaining after the eligi­ imminent harm to the child. The stances, however, when money depos­ amendment does not affect subsection 'ited in the fund during a fiscal year ble State programs are reimbursed is (c) of sections 523 and 527, requiring a may be expended during that fiscal added to the crime victim assistance court order before records referred to year. of sections 523 and Hl2087 n.8 the Washington Post, Aug. 3, 1986] birthday. For half of his life, he had been Worst of all, our oldest son started to use abused. cerebral palsy as an excuse for not complet­ MY MOLESTED CHILDREN WERE ABUSED BY We stayed home that night and told the ing jobs and joining in family fun. When we THE SYSTEM, Too babysitter's parents of our discovery. The refused to accept his excuses, he became next morning we notified social services, solemn and his hands would shake as if he Last year, our four boys-then 6, 4, 2 and who contacted the police. were in a trance, trying to escape from this 1-slowly and mysteriously became different It was the beginning of a tormenting ex­ world. children from those we had known. Like perience. And our story is not singular. We were exasperated and filed with anxie­ pendulums, their moods shifted back and There are over half a million reported cases ty; we had Q.O answers. forth, from giggles one moment to tears the of child abuse a year, according to the Our 5-year-old. If you know people who next. They had nightmares, and we soothed American Association for Protecting Chil­ cry happily at parades or are stirred by their fears by letting them sleep with us. dren, which compiles such statistics on for Hallmark commercials, then you know our The word "hate" replaced normal feelings the Department of Health and Human Serv­ 5-year-old-an extremely sensitive child who of anger. Play became much more physical ices. shows his feelings openly and spontaneous­ and emotional, and hitting and angry words For seven years, we had known the joy of ly. became the rule rather than the exception. creating a loving and growing family. Now, No wonder his stomach was in knots and Scolding seemed to bring on unwarranted within moments that evening, we had been always hurting, that his mood swung depression and tears. Mealtimes became un­ robbed of all of our efforts and stripped of abruptly from being too exuberant to being pleasant; we constantly had to remind the our joy. Rage flushed my face. Why my in- too melancholy. His fear of darkness of 18888 CONGRESSIONAL RECORD-HOUSE August 4, 1986 being left alone had him in our bed every are the parents. But we find little compas­ out such help because their parents cannot night. In his sleep he would grit and grind sion. afford it. We consulted six attorneys about his teeth. His drawings left out details, and The babysitter gave a full confession filing a civil suit to recover damages from his humans became stick people without when we informed his parents, and later he the babysitter's parents. But we were told faces. wrote a letter of apology to us. We extended by all of them that it would be costly and The babysitter told our son he was hitting our understanding to his parents. We were the process would likely take two or three him so he would know what "it" would feel all civil. The babysitter is now waiting for a years. We decided our family's emotional like when he grew up. So he decided to stop court date to be sentenced. stability was more important. growing up. We knew his reversion to baby Thus the system seems to have worked. We received only a minimum of help from talk was a special cry to us for help, and we But it is not that simple. the authorities, some of distressing quality. spent additional time alone with him. But The system is frustratingly slow. The Though tangible evidence and an evaluation we knew the therapists, the food allergists babysitter was free for two months before by investigators are crucial in helping small and all our techniques had failed when he charges were filed. During those two children present their case under cross-ex­ started to put on diapers. months, we had to meticulously prepare our amination, we had only one visit from a po­ Our 3-year-old. Each morning, I had the children to testify in court; if we had not liceman and two from a social worker. I, not joy of peering into big blue-green eyes of my been willing to press charges and put our they, thought to have the children make 3-year-old son as he pressed his nose against children on the witness stand, we were told, drawings depicting their abuse-a powerful mine and said, "I love you Mommy." He is no trial would occur. Thus, our entire family form of evidence. my love child. So when he started to use the became, in effect, the victim of child abuse. We were given material on gathering evi­ word "hate," we became alarmed. Hitting In part, this was because of a Fairfax dence and preparing for trial by the county, replaced his cool patience, and food did not County legal and judicial system that at but it was so inadequate that we have pre­ interest him anymore. A flood of tears times seems inept, unfeeling, frustratingly pared our own manual and have offered it would trickle down his cheeks for the sim­ slow and overly concerned with the rights of to the county social services authorities for plest of scoldings. He went to excess to tell the abuser at the expense of the abused. their use. you how sorry he was, and he needed a lot Five months have passed and even though Great attention needs to be focused on of hugging. He would panic with fear if he a trial turned out not to be necessary, the these injustices. I'm not a lawyer, but I am a was left alone, and he had to touch me to be case is still not concluded. There are too voter. Are there no creative legislators in able to go to sleep at night. He had not many cases, too much paperwork, too few Richmond who could find a better legal talked well since he was 2, but three months qualified people, too much stress. We have middle ground between the rights of the ac­ after the abuse stopped he was not only been interviewed and assessed by a social cused and the abused? Right now, I find my talking but he had an opinion about every­ worker, a child therapist, a criminal investi­ pursuit of justice an exercise in outrage. thing. gator and a prosecutor. I'm sure they are Our baby, now 2. There is no certain way committed to helping humanity. But they We do not intend to hide the truth from of knowing what happened to our youngest. can be cold and arrogant, possibly because our boys nor the pain they suffered nor the The abuse did not leave physical scars-only they have seen too many horrors to become sorrow they felt. Their experience will not unseen emotional scars. Our baby was a as personally involved as you. become a dark shameful secret kept in a year old when his nightmare began. Did he Worse than being merely slow and unfeel­ "closet." Secrets always surface and, when bite because he is aggressive or because he ing, the legal processd seems so stacked in they do, they become tragedies. We even was afraid of people coming too close? Did favor of the abuser and against the victim have made a tape recording for each boy of he cry from normal separation anxiety or that you want to take justice into your own all the details of his case. It is sealed with because he sensed that something was hands. Consider: instructions in our will as to when, in case wrong? Did he nurse for two years because If the 15-year-old babysitter had been of our deaths, it is to be opened by each boy he wanted to or because he was finding reas­ three years older, he could have served 20 or his guardian and how the guardian surance that life was okay and he was safe? years in prison on each of the four counts of should handle the information. At the age The horror for the parent of an abused apuse. But except for the worst offenders. of 21-or earlier if necessary-each boy will small child is that you never know the juveniles are usually put on probation and receive his sealed packet to read in private truth. rt is a guessing game, and you have to ordered to undergo therapy in the hope of and, if he wishes, to discuss with us, a stop trying to figure it out or it will drive rehabilitating them. Unfortunately, statis­ friend, or medical and legal authorities. you crazy. tics tell us that within two years, a juvenile The package serves another grim purpose. When I woke up the morning after learn­ abuser is likely to commit the same offense It is a terrible fact that victims of child ing of their abuse, one question kept repeat­ and serve time in prison. I feel strongly that abusers sometimes become abusers them­ ing itself in my mind. "Why didn't the chil­ therapy is needed for juveniles to help them selves. If we were to die, and the children dren tell us?" The boys had been told about gain control of their actions. But as impor­ had future emotional problems.. they would okay and not-okay touches. We had dis­ tant as therapy is, there must be some way receive better medical help by having accu­ cussed with them the dangers of keeping other than prison to punish the offender lor rate information about their past. harmful secrets. I had purchased books, what he's done-lengthy community service, We want them to know that we immedi­ records, tapes and coloring books, and all !or example. ately pressed charges and carefully kept had been used. When we returned from Before the babysitter pleaded guilty, we records. We want them to know that writing going out, we always asked the boys if ev­ had to assume that my 5-year-old and 7- about our tragedy and keeping a journal erything had gone all right with the sitter. year-old would have to testify in front of helped put our family's lives back in order. They knew they could come to us for help. him and be cross-examined by his lawyer in We want them to know that we didn't think As simple as it may sound, all it took to a trial-an ordeal that many adults are not they might merely forget as the years keep the boys from telling was the threat of up to. Like any other defendant, accused passed. We want them, above all, to realize losing the babysitter's friendship. He was a child-abusers are, of course, innocent until that we tried to understand their suffering playmate, their first older friend, and he proven guilty and have a constitutional and nurture them back with love and pa­ has brought them toys and Christmas gifts. right to confront their accusers. But we tience. My children chose to withdraw and suffer found it almost too painful to think that As the months have passed, we have tried the humiliation of child abuse rather than our children, on top of what they had al­ to learn from the lessons of nature. A sev­ risk a friendship. ready suffered, would be subjected to the ered limb will alter a tree's shape, we know, Even today, people find it hard to believe strain of being confronted by demanding, but the tree does not need to die. Until the that we didn't suspect child abuse. Friends, strange adults in the twilight zone of a tender shoots have reached the safety of neighbors, our own parents-they keep courtroom. In this high-tech age, why can't maturity, they will be sensitive and vulnera­ asking why we didn't know. They indirectly we use video communication to gather infor­ ble. But one day you have again a magnifi­ blame us. There must have been signs, they mation from the children? Why can't more cent tree that brings joy and serenity to all say. If you had been a good mother, the use be made of anatomical dolls and chil­ who gaze upon its outstretched beauty. tone of their voice suggests, you would have dren's 'drawin'gs of their abuse? I understand Our children, we pray, will experience this known. Why didn't we know? I have no the need for our constitutional protections, miracle one day. answer. We did our best to find out what but what justice is there in allowing the was happening to our children. But I can system to rip open the healing wounds of in­ Mr. RODINO. Mr. Speaker, I am see the judgment in others' eyes that we nocent children? proud to join my colleagues in sup- failed. That creates a tremendous amount The family of the victim, not that of the porting the Children's Justice Act. of guilt when you are already asking your­ abuser, has to pay the bills-which in our Over the past decade, we have self those questions. People need to be case will include psychiatric therapy for become increasingly aware ef the aware that when children are victimized, so four children. Most abused children go with- tragic problem of child abuse, and August 4, 1986 CONGRESSIONAL RECORD-HOUSE 18889 have adopted protective measures at I agree with those who thoroughly disap­ more that it is the Congress, not the executive the Federal, State, and local levels. prove of the Justice Department's conduct in branch, that controls the purse strings of Gov­ Yet, our criminal justice system all too regard to VOCA. However, I do not think that ernment. often remains poorly equipped to deal the way to express that disapproval is to abol­ So important is this reassertion of legislative with these cases. Child sexual abuse ish the program. As the old saying goes, that authority that I, for one, might be tempted to victims are often further traumatized method "throws the baby out with the bath­ vote for this bill, flaws and all, were it the only by an enforcement process insensitive water." I believe, instead, that we must adopt vehicle for us to stop the Federal Govern­ to the special circumstances of a reforms that ensure the institution of an active ment's raid on the crime victims fund. But the young child witness. and much-needed Federal program. fact is that we will soon be given another op­ Curiously, the amended version of S. 140 The Children's Justice Act provides portunity to consider the VOCA ceiling when a before us contains those needed reforms. an opportunity to reverse this unac­ bill containing technical amendments to the They include: ceptable situation. The bill provides VOCA statute comes before us. First, making the Federal program mandato­ incentives to States to promote legal I am confident that we will use that opportu­ reforms, consistent with constitutional ry instead of discretionary. This reform dimin­ ishes the possibility that future funds will be nity to prevent the decimation of the crime principles of due process, that will victims fund, if the need to act is still urgent, reduce further trauma to child victims left unspent. Second, putting administration of the pro­ just as I am confident of our being given an­ of sexual abuse. Other key provisions other opportunity to vote on a Children's Jus­ strengthen the National Center on gram under the Assistant Attorney General for Justice Programs, thereby matching authority tice Act if the present version is not agreed to. Child Abuse and Neglect's ability to Still, some might ask of me, if I support the help States to adopt reforms, provide over administering the act with the responsibil­ ities already given the Assistant Attorney Gen­ reform to the Federal program and appreciate for inclusion of child abuse data in the the need to reaffirm our original intent for the Uniform Crime Reporting System, and eral. This reform is a step toward ensuring that the fund will no longer be maladminis­ crime victims fund, why then am I seeking to clarify the obligation of health care have S. 140 rejected? professionals, including those involved tered as it has been in the last year, for it is in that branch of the Justice Department-and The answer to that question is quite simple. in drug and alcohol treatment pro­ perhaps in that branch alone-that crime vic­ While the amended version of S. 140 does grams, to comply with child abuse re­ tims have found strong and constant advo­ nominally enact a set of needed reforms in porting laws. cates of their cause. the administration of the Federal share of the Funding for these grants will be Third, making explicit that the Federal pro­ Victim Assistance Program, those statutory from fines and penalties paid into the gram will give needed back-up support, with changes are little more than rhetoric when the crime victims fund by criminals. Con­ training and technical assistance, to Federal, statute deprives the Federal program ade­ gress is not asked to appropriate any State, and local recipients of VOCA grant quate funding. additional funds. funds. This reform is in keeping with other In addition to these important provi­ By leaving only 1 percent of the crime vic­ Federal grant programs and with the Federal tims fund for use in the reformed Federal pro­ sions, the House version of the Chil­ Government's leadership role in this field. dren's Justice Act enhances child gram, the entire Federal Victim Assistance When, as a result of congressional action, Program for the Nation would receive about abuse prevention efforts by fostering new public services are instituted and old pro­ two proven, cost-effective prevention the same amount of help from VOCA that the grams expanded, particularly in an area where State of Maine received this past year. models sponsored by public and pri­ volunteers are so heavily utilized, it is simply vate agencies; Crisis nurseries and Specifically, with revenues running about imperative to provide the individuals delivering 20-percent lower this year than last. There temporary, nonmedical child care serv­ those services with up-to-date information and ices for families with disabled or may be only $56 million in the entire crime training. Using half the Federal share of the victims fund for spending next year. At 1 per­ chronically ill children. VOCA fund, or 2.5 percent of the total, is the I urge my colleagues to support this cent, that would give the Federal program minimum funding level to meet the need for $560,000 in all-$280,000 for an assistance critical opportunity to both prevent such a program. · child sexual abuse and protect its vic­ effort and $280,000 for training and technical Fourth, and the bill tightens the authority to assistance. tims. operate a Federal Victim Assistance Program Mr. HAMMERSCHMIDT. Mr. Speaker, I rise For two programs with responsibilities of a so that it is clearly focused on victims of nationwide scale, those are less than anemic to join in demanding the yeas and nays on S. crime. This reform will require of those operat­ resources-they are virtually meaningless. 140 as amended. ing a Federal Victim Assistance Program that Hence I feel it is imperative that we take a While I support many of the features of the they meet the same standards of eligibility second look at the amended version of S. Children's Justice Act, I am distressed that that VOCA already imposes on local programs 140. There are without question alternative the proposal in front of us seeks to fund that receiving funds out of their State allotment. act by using moneys designated to support a These are all worthy reforms that will curb ways to fund the Childrens Justice Act which program of assistance to victims of Federal the abuses in the Federal program, and I would leave the Federal program intact­ crime. That program mandated by the Victims commend the authors of the bill for including indeed, the other body has already passed of Crime Act [VOCA]. them. not one but two alternatives, neither of which In fact, 90 percent of the funding sought for There is additional merit to the proposal in does violence to the Federal Victim Assist­ the Children's Justice and Assistance Act front of us. It strengthens congressional intent ance Program we established when we first would be at the expense of that Federal as­ in respect to the revenues coming into enacted VOCA. sistance program, reducing its share from 5 VOCA's crime victims fund by rejecting a pro­ Thus, Mr. Speaker, by delaying a vote on percent of the crime victims fund to an almost posal by the Department of Justice that there this proposal for a couple of days, and then meaningless 1 percent. be a $35 million spending limit placed on the by sending back to committee, as I hope we I understand that one of the reasons for di­ fund. will do, we will avoid enacting hastily drawn verting these funds is that the Justice Depart­ There is no interest in Congress in lowering and ill-conceived legislation. In its place, we ment this year chose first to extract its maxi­ the current ceiling from $100 million to $35 will surely be given a chance-perhaps as mum share out of VOCA's crime victims million, and the Justice Department and the early as next week-to vote on a Children's funds-a share totaling $3.5 million-and then Office of Management and Budget know that. Justice Act that will do honor to its intentions chose not to spend it, effectively impounding But defiantly, these agencies are prepared to and no dishonor to the original intent of the money as a budget-cutting gesture. impose their $35 million cap administratively VOCA. Hence, it has been argued there is no reason unless Congress expressly reaffirms its intent Mr. MILLER of California. Mr. Speaker, I rise to continue to make such funds available for that no such ceiling should be placed on the to speak in support of Senate bill 140, and the victims of Federal crime if the Justice Depart­ crime victims fund. amendment, in the nature of a substitute, of­ ment is simply going to return the money to This bill does that. And I applaud its authors fered by Chairman WILLIAMS of the Subcom­ the Treasury. for giving us an opportunity to assert once mittee on Select Education. 18890 CONGRESSIONAL RECORD-HOUSE August 4, 1986 S. 140, The Children's Justice Act, provides substance abuse is a problem. For these fami­ that they require temporary child care services incentives to States to promote legal reforms lies, failure to report child abuse means they for critical support. to assist children who are victims of sexual and their children will not rece~e the help The type of care that this legislation would abuse. they so desperately need. provide is of the type families say they most This legislation has strong bipartisan sup­ These measures will strengthen our fight often need-nonmedical child care provided port in both the House and Senate, reflecting against child abuse, particularly on the legal on a temporary basis so that families can tend increased concern over the growing numbers front. to the needs of other family members, go of child abuse cases coming before our But the legislation before this body today shopping, or simply take a break from the courts, which are frequently not equipped to will also enhance efforts to prevent the abuse daily stresses of caring full-time for a child deal with young child victims. The Children's from occurring in the first place. with special needs. Justice Act recognizes and addresses this Title II of S. 140 will make federal demon­ Pioneering respite care/child care programs station grants available to States to assist pri­ problem. It will also help us close critical gaps in San Antonio, New Orleans, Washington, in our knowledge about crimes against chil­ vate and public agencies to develop tempo­ DC, California, and Nebraska use a broad dren. rary child care for handicapped children, and range of workers to provide these services. I am especially pleased that S. 140, while crisis nurseries. Workers could be specially trained high school enhancing law enforcement efforts in abuse Last year, the Select Committee on Chil­ cases, also contains important measures de­ dren, Youth, and Families devoted much of its or college students, family day care providers, signed to prevent child abuse. time to reviewing child care policy in America. nonmedical personal care attendants, special Since 1974, when Congress first passed the As we travelded across the country, one of education teachers, or even parents of dis­ Child Abuse Prevention and Treatment Act, the findings which emerged concerned the abled children who have formed a parent co­ the Federal Government has assumed a lead­ strong role that child care can play in alleviat­ operative or established their own respite care ership role in combatting child abuse. Our role ing the stress that so many families now face, program. was reaffirmed, and strengthened when Con­ stress which is often a precursor to abuse. Despite growing evidence that crisis nurser­ gress reauthorized the Federal child abuse Two kinds of prevention programs in par­ ies and temporary child care services are programs 18 months ago. ticular emerged as effective in dealing with cost-effective approaches to child abuse pre­ We are indeed doing much more today to families at risk of abusing their children. They vention, most at risk families lack access to combat child abuse. There is no doubt, how­ are: these critical services. Even in California, ever, of the need to do more. The simple fact Crisis nurseries which provide short-term, where such services are most readily avail­ is that our society is undergoing enormous 24-hour care to infants and young children able than in most other States, one parent change. who are potential victims of abuse or neglect, told the select committee that she had to use As the Select Committee on Children, Youth and provide support services to their parents; up 2 months of her respite care allotment just and Families has seen, changes in the work­ and to tesify at our hearing. place, in family structure and in the economy Respite care temporary non-medical child Chairman WILLIAMS' substitute for S. 140 have placed more families under stress, at the care services, both in-home and out-of-home, will help make these important preventive same time they are becoming more socially for families with handicapped or chroniqally-ill services more widely available to the families isolated. These are the essential ingredients children. These families face the same that need them. which place children at risk of abuse, both at stresses as other families, but also carry the I commend Chairman WILLIAMS for his lead­ home and outside the home. additional stress of caring for a special needs ership in bringing this legislation before this The Children's Justice Act recognizes the child. body today. I congratulate my colleagues who increased risk and incidence of abuse, and In my own district of Contra Costa County, have worked long and hard for its enactment, the problems courts face in dealing with it. CA, Sister Ann Weltz has been a pioneer in especially Representatives DON EDWARDS Under this legislation: helping to prevent child abuse by providing and GERRY SIKORSKI. I urge the rest of the States will receive grants to improve the in­ crisis nursery services. I have watched this Members of the House to vote their commit­ vestigation and prosecution of child abuse program grow from the beginning, and have ment to help the millions of abused and ne­ cases and to reduce additional trauma to child seen it prevent abuse from ever occurring. glected children in our country and their trou­ victims. Sister Ann's Bay Area Crisis Nursery served bled families. The National Center on Child Abuse and more than 850 children in its first 3 years, and Mr. SENSENBRENNER. Mr. Speaker, there Neglect will be required to evaluate investiga­ helped their families cope with stress brought is little need to build the case that child abuse tion and prosecution methods in child sexual on by poverty, long-term unemployment, isola­ is a major tragedy in this country. Research abuse cases to find ways to reduce trauma to tion or illness. These families recognize their presented at the National Conference on children, and disseminate this information to inability to cope. They voluntarily seek tempo­ Child Abuse and Neglect in Chicago last No­ States; and train criminal justice and child wel­ rary care, and are provided the time to seek a vember indicates that at least a million chil­ fare personnel to deal with child sexual abuse solution to the problems causing the stress. victims. Similar programs in Denver, CO, New York dren are physically abused each year. One es­ The FBI will be required to modify its crime City and Hawaii have demonstrated effective­ timate suggests as many as 5,000 of these reporting to permit collection of statistics on ness of these services in reducing child abuse will die as a direct result. When we include child abuse crimes. While we have been col­ and preventing foster care placements. children who are sexually abused or who are lecting national statistics on child abuse that Handicapped and chronically ill children neglected, estimates run as high as 3 million. occurs within the family, we do not have stat­ comprise a group that is at especially high risk As if this suffering is not appalling enough, ics on cases handled through the criminal jus­ for abuse and neglect: many abused children are additionally trauma­ tice system. Two recent surveys of children with cerebral tized by legal proceedings. Crafty and formida­ Child abuse reporting requirements will re­ palsy indicated from 11 to 20 percent had ble criminal defense lawyers, who are skilled ceive priority over Federal confidentiality laws. been abused or were suspected to be at disorienting even expert witnesses, are al­ Earlier this year, the California Attorney Gen­ abused. lowed to intimidate, confuse, and badger child eral's Commission on the Enforcement of A 1980 study of respite care users reported victim witnesses. It is too much to expect a Child Abuse Laws recommended that State that 30 percent of families surveyed said they child victim witness to function emotionally child abuse reporting requirements take prec­ might not have been able to cope if respite after such an intimidating process. edence. This applies in cases where individ­ care had not been available. The Children's Justice Act seeks to provide uals are receiving treatment for drug or alco­ In addition, the select committee heard per­ some balance in our judicial system by en­ hol abuse through federally funded programs. sonal stories from parents with disabled chil­ couraging States to implement protective re­ This last provision is extremely important. dren who provide daily continuous care for forms for the investigation and adjudication of Testimony before the Select Committee on their children at home. child abuse cases. Such reforms would mini­ Children, Youth, and Families suggests very In order to continue to keep their children at mize the additional trauma to the child victim clearly that child abuse, and other forms of home, rather than institutionalizing them, how­ and improve the chances of successful crimi­ family violence, often occur in families where ever, these parents and advocates told us nal prosecution or legal action. August 4, 1986 CONGRESSIONAL RECORD-HOUSE 18891 Under the act, the level of the Crime Vic- review the investigative, administrative, and ju­ NATIONAL DEFENSE AUTHORI­ . tim's Fund would be increased by $10 million dicial handling of cases of child abuse within ZATION ACT FOR FISCAL YEAR to allow the Attorney General to provide the State, and make recommendations for 1987 modest Federal financial assistance to the procedures for child abuse cases that reduce The SPEAKER pro tempore. Pursu­ States to implement programs and procedures additional trauma to the child victim, while en­ ant to House Resolution 523 and rule established by previously enacted State stat­ suring fairness to the accused. Additionally, XXIII, the Chair declares the House utes which minimize additional trauma to the the task forces will be charged with making in the Committee of the Whole House child victim and improve the chances of suc­ recommendations for establishing experimen­ on the State of the Union for the con­ cessful prosecution or legal action. tal, model, and demonstration programs for sideration of the bill, H.R. 4428. Extensive bipartisan efforts have contribut­ testing techniques to improve the rate of suc­ ed to a strong bill that I think will allow the cessful prosecution while ensuring the rights D 1339 special needs of physically and sexually of the accused, and finally, with making sug­ IN THE COMMITTEE OF THE WHOLE abused children to be addressed effectively. gestions to reform State laws to provide pro­ Mr. LEVINE of California. Mr. Speaker, I rise tection for children while ensuring fairness to Accordingly, the House resolved in support of S. 140, the Children's Justice all affected parties. itself into the Committee of the Act. This important legislation is long overdue Child abuse is a heinous crime against inno­ Whole House on the State of the and I am glad it is before the Congress. cent and helpless victims. These important Union for the consideration of the bill Children have a need and a right to adult­ Maryland, Mrs. health and mental health practitioners, child care for handicapped children and HOLT, the ranking Republican on the protective service agency staff, handicapped crisis nurseries." subcommittee for her leadership and child care professionals, and parents and A motion to reconsider was laid on cooperation. Representative HOLT will parent groups. The State task forces will the table. be retiring at the end of the Congress.

71-059 0-87-33 (Pt. 13) 18892 CONGRESSIONAL RECORD-HOUSE August 4, 1986 Her valued friendship, counsel, and Denied the request of $117.7 million RESERVE COMPONENTS strong advocacy for national defense for the Aquila RPV Program; and In terms of National Guard/Reserve . will be sorely missed. Also, I want to Deferred the request for Joint Stars initiatives, in addition to approving thank the other members of the sub­ ground terminals, thus saving $63.4 most of the requested items, the com­ committee for their work and contri­ million. mittee is recommending some $509.1 bution. NAVY million in new authorization and ear­ As you can appreciate, our job this In the Navy, the committee took the marking major equipment for the year was not an easy one. Based on following major actions: Guard and Reserve. The equipment is the committee's guidance, the $95.8 Reduced requested FA-18 procure­ designed to strengthen readiness, sus­ billion procurement request had been ment from 120 to 96 aircraft and ad­ tainability, and combat support. reduced by some 14.6 percent. justed the FA-18 advance procure­ As Chairman BENNETT noted, the ment from 132 to 102 aircraft for next LEGISLATIVE PROVISIONS $16.9 billion seapower portion of the year for a savings of $565.5 million; Language items include: procurement request has been reduced Denied the request for nine P-3C Authorization of 2 multiyear con­ by some $2.5 billion. The remaining Orion ASW patrol aircraft for a sav­ tract requests, provided at least 12-per­ $78.8 billion procurement request that ings of $312.4 million; and cent savings are realized and options is under the Procurement Subcommit­ Reduced the E-6A TACAMO request are negotiated for the Patriot and tee has been reduced by $11.5 billion. from 3 to 1 aircraft for a savings of Stinger missile systems. All told, procurement has been cut by $227. 7 million. Mr. Chairman, this concludes my $14 billion, the largest cut ever made statement. The committee's action on to the Defense procurement request AIR FORCE the procurement request represents a by the committee. In the Air Force, the committee took balanced and equitable approach In making this massive reduction, we the following major actions: toward meeting our objectives. I urge attempted to support existing pro­ Approved 12 of the 21 MX missiles the House to support the committee's grams, maintain the balance between requested for savings of $300 million; recommendations. strategic and conventional programs, Recommended procurement of 135 and protect readiness and sustainabil­ or 260 AMRAAM missiles; established D 1350 ity. New program starts and ramp ups a program cost cap of $7.0 billion in fiscal year 1984 dollars for 24,000 mis­ Mr. WHITEHURST. Mr. Chairman, have been deferred, programs have I yield myself such time as I may con­ been reduced that have execution siles and restricted obligation of funds problems or raise policy concerns and until flight test data demonstrates the sume. Mr. Chairman, I would like to financing adjustments have been missile's performance and design sta­ make a few comments in general about made. bility; this year's Defense authorization bill, As a result, Army procurement pro­ Reduced the F-15E request of 48 air­ as well as some particular comments grams have been cut by $2.4 billion, craft to 36 and required the Secretary concerning the operations and mainte­ Navy and Marine Corps programs of the Air Force to make a decision on nance area contained in title III. other than seapower reduced by $2.2 whether to buy the F-15E or the ad­ Let me begin by reemphasizing a billion, Air Force programs cut by $7 .3 vanced tactical fighter; point which I'm sure most of my col­ billion, and Defense Agencies reduced Adjusted the production rate of F- leagues understand concerning this by some $82 million. Admittedly, if 16's to 180 aircraft as compared to the year's Defense authorization bill. H.R. budgetary conditions were different, request for 216 and restricted obliga­ 4428 as reported by the Armed Serv­ some of these cuts would not have tion of funds until a DOD decision is ices Committee is $28 billion below the been made. In all likelihood, they will made on the acquisition plan for the $320 billion requested by the adminis­ produce production inefficiencies and F-16; tration. If I'm not mistaken, that's the added costs in the long run. Authorized $200 million in prior year largest reduction our committee has In terms of major program actions, unobligated funds for a strategic ever made to an administration's De­ the committee is recommending the bomber contingency fund that could fense request. following for the Army: be used for long lead components for Circumstances we all understand A reduction of $523 million in air­ continuation of the Bl-B program; de­ and appreciate loom large in the back­ craft procurement, primarily through velopment of alternative sources for ground. The need to reduce the Feder­ contract savings, prior year adjust­ the ATB; or rescinded; al deficit and to get our financial ments and reductions to the AH-64 Approved $180 million for the C-17 house in order has never been as criti­ and AHIP helicopter programs. airlift aircraft program, but restricted cal as it is today. And which of us can Under Army weapons and tracked obligation of the funds until the com­ forget the cloud of Gramm-Rudman­ combat vehicles, the committee recom­ mittee receives the General Account­ Hollings as it hangs over every piece of mends: ing Office report on the program; and legislation which contains funding au­ Authorization of $830 million to pur­ Recommended 12 T-46A trainer air­ thorization or appropriation? chase 593 Bradley fighting vehicles-a craft; but required the program to be I want to assure my fell ow Members reduction of 277 vehicles or almost recompeted if the cost cap is breached. of this House that our committee was $300 million from the budget request. CHEMICAL WEAPONS very keenly aware of today's budget The committee also recommends de­ For chemical weapons, the commit­ realities as we went about the business ferral of the proposed modifications to tee is recommending $58.3 million for of crafting the bill under consider­ the Bradley until completion of the the 155-mm artillery round and $10 ation today. I also want to remind my live-fire testing. Section 121 of the bill million for the Bigeye bomb. The colleagues that our committee, per­ establishes a set of detailed require­ funds for the Bigeye may not be obli­ haps more so than most, is also very ments for the development of the test gated until all operational tests are keenly aware of the national security plan and the conduct of the live-fire concluded, the tests monitored by the factors which drive the requirements testing program. The Secretary of De­ General Accounting Office and the behind this bill. I believe it's a good fense is required to certify the suit­ performance of the system certified. bill and one that will not only help to ability and realism of the test plan. In addition, the Secretary of Defense maintain a strong national defense, The committee recommends three is directed to study the military advan­ but that will also allow a substantial major changes in Army other procure­ tages of Bigeye as compared to long­ defense contribution to reducing the ment as follows: range standoff weapons. deficit problem and keep us on that Denied the request of $204 million In addition $120.1 million was au­ road to getting our financial house in for the SINCGARS Program; thorized for chemical demilitarization. order. August 4, 1986 CONGRESSIONAL RECORD-HOUSE 18893 I'd like to turn to an area of the bill This brings me to an important make sure that the final outcome is a which I consider to be extremely im­ point which I want to stress as we Defense authorization bill that will portant-if not the most important. begin consideration of this year's De­ strengthen our national defense pro­ Title III of division A contains the au­ fense authorization bill. Many of us gram, maintain critical readiness, and thorization details for the operation can remember the long and tortuous keep us the great Nation we are. and maintenance account, as well as discussions in this body during the My fell ow colleagues, I urge your for the working capital funds. You late 1970's regarding the so-called support for H.R. 4428. may be more familiar with that par­ hollow Army. We should never forget ticular area of the DOD budget under that there was a period when some of Mr. STRATTON. Mr. Chairman, I its more common name-"readiness." our ships could not put out to sea be­ yield 9 minutes to the gentleman from Last year, I discussed our commit­ cause of a shortage of personnel or a Mississippi [Mr. MONTGOMERY], other­ tee's deliberate efforts to protect the lack of repair parts, that many of our wise known as General MONTGOMERY. O&M or readiness account. We have troops were severely handicapped be­ used a similar approach in marking cause they lacked equipment and am­ 0 1400 our bill this year. The $82.8 billion munition, and that some of our air­ Mr. MONTGOMERY. Mr. Chair­ that the committee is recommending craft sat on runways instead of flying man, I thank the gentleman for yield­ for operation and maintenance is a sig­ their training missions because of fuel ing time to me. nificant reduction from the Presi­ shortages. Mr. Chairman, I thank the gentle­ dent's request of $86.5 billion. Even Fortunately, those lamentable times man for the kind remarks that he though almost every member of our are largely behind us. But you know, committee acknowledges the need to made about the Reserves and National my fell ow colleagues, I have the Guard, and also the gentlewoman protect readiness, we were still forced uneasy feeling that we may yet face to make a $3.7 billion O&M reduction from Maryland [Mrs. HOLT], whom I similar situations. Just a moment ago I see on the floor today. The gentleman as part of the overall reduction to the made some very positive-and accurate defense request. There was simply no from Virginia [Mr. WHITEHURST] will I believe-remarks about the current certainly be missed. It will be his last other logical and reasonable way to state of readiness in our Armed structure an authorization bill that time of helping handle the authoriza­ Forces. Why then is Whitehurst tion bill, and I thank the gentleman would comply with the defense budget uneasy you might ask? authority figure included in the for the happy times and good times I'll tell you why. During the Readi­ that we have had working together. Budget Resolution guidance. ness Subcommittee's hearings this Mr. Chairman, during one of our past spring, we began to hear rum­ Mr. Chairman, I rise in support of Readiness Subcommittee hearings in this legislation, and will do what I can blings of a problem that is only today to implement the committee report early 1985, I shared a story with my beginning to come into focus. As fiscal subcommittee colleagues. I'd like to year 1986 begins to draw to a close, the that came out on the bill. repeat that story again today. As you full impact of the first round of In our committee I try, Mr. Chair­ may know it is said that Gen. George Gramm-Rudman-Hollings defense cuts man, to concentrate on certain areas­ Washington seldom indulged in a joke is being felt. While cuts in procure­ personnel matters of the military, the or sarcasm, but when he did, he ment are obvious right up front, the National Guard and Reserves, and always made a hit. It has been related effects in the world of operation and military construction. In this bill, let that he was present in Congress maintenance take longer to be felt. me say, personally, that we have had during the debate on the establish­ some successes, and we have had some ment of the Federal Army when a Without going into the detailed me­ disappointments. Member offered a resolution limiting chanics of how one account works the Army to 3,000 men. Upon hearing versus another account, let me give First, let me talk about the disap­ this, Washington suggested to another you a couple of quick examples. I re­ pointments of the armed services bill. Member that he offer an amendment cently learned that one way many unit Some Members here today, for exam­ providing that no enemy should ever and installation commanders are being ple, Mrs. HOLT, know about this disap­ invade the country with more than forced to deal with O&M cuts is by pointment about the availability of 2,000 soldiers. drawing down on supply inventories. health care personnel on the battle­ Sometimes, Mr. Chairman, I wish Not serious at this point, but poten­ field for our young men that would be the Congress really could legislate the tially disastrous if continued over a called up-we really do not have the parameters of war. Unfortunately, we long run. Important maintenance and health care professionals to take care can't. And, therefore, it is in our decid­ overhaul work is being deferred until of these young people. It has been ed best interest to be as ready as we next fiscal year. Again, not serious at pointed out by a House committee can be for any eventuality. The readi­ this point, but that procedure will in­ report that only 3 out of 10 Americans ness of our Armed Forces is the key to evitably lead to the kind of mainte­ who would be wounded in a battle in winning in any conflict. But more im­ nance backlogs which it has taken us Europe would get proper medical care. portantly, readiness is also the key to the last 6 years or so to eliminate. I introduced legislation that would an effective deterrence. Some kinds of less critical training are require certain health-care profession­ I know each of us understands that being curtailed. No serious impact yet, als to register with the Selective Serv­ our military services have made tre­ but that is a dangerous trend which ice System. This passed the subcom­ mendous strides in their levels of read­ should be stopped as soon as possible. mittee, but it took a pretty heavy iness in the last several years. Our These examples represent the first in­ defeat in the full committee. Certain country has the best trained, best roads to the proper state of readiness health-care groups oppose this legisla­ equipped, best supported, and bright­ which we all know must not be al­ tion. They know who they are. Mrs. est young men and women in the mili­ lowed to deteriorate. HOLT felt very strongly about it. We tary that we have ever had. The equip­ H.R. 4428 is a good bill-not perfect have talked to people on the commit­ ment and support facilities that we in and not as good in some areas as each tee. We hope to have hearings in the the Congress have authorized and of us would like. However, given the next few months to strengthen our funded is the best that modern tech­ budget constraints of these days and health-care professionals. nology can provide. Each of us should times, it is a bill worthy of your sup­ If we have a shortage in personnel, be confident ih telling our constituents port. I hope each of us listens and par­ Mr. Chairman, it is in health-care pro­ that our Armed Forces are ready, will­ ticipates in the debate and discussion fessionals. We do not have the doctors, ing, and able to carry out their as­ on the bill. And if we must disagree on nurses, and other professionals to take signed missions. some points, so be it. But let's also care of our military. Let us face it, the 18894 CONGRESSIONAL RECORD-HOUSE August 4, 1986 health-car professionals in the Active The Army reported to us that it is ment Subcommittee, I want to add my Forces now are geared to take care of their bread and butter for keeping up views to those expressed by the sub­ retirees, and they are geared to take their strength levels in the Army; 85 committee chairman regarding the ac­ care of dependents. This is a serious percent of the new persons, men and tions recommended for defense pro­ situation. It should be corrected, and I women, coming into the Army Active curement in fiscal year 1987. hope that we can come up with some­ Forces are signing up for the new GI First, I want to thank my colleague, thing that will help solve this prob­ bill. the gentleman from New York [Mr. lem. Mr. Chairman, let me talk about TRIMIS. What is TRIMIS? It is the STRATTON], for the cooperation and On commissary privileges for the support that he has given me through National Guard and Reserves, there Tri-Service Medical Information System. You say, why do you even the years. I, certainly, also want to was also a disappointment. I had an thank the gentleman from Mississippi amendment that was defeated in the bring it up? What it means is that the services will be putting all their pa­ [Mr. MONTGOMERY] for his kind words Subcommittee on Readiness that and for the leadership that he has would give reservists the privilege­ tient medical records in their hospitals and clinics on computers. We bring it provided. I know of no more dedicated and their families-of going to com­ Member. He has almost singlehanded­ missaries once each month, and spread up because the Defense Department is getting ready to waste about $2 billion, ly, in the 14 years that I have been on it over a 12-month period. The Nation­ the committee, provided the improve­ al Guard and Reserves do have com­ and our committee is concerned about that. The General Accounting Office ment that we have seen in capability missary privileges now, but they can in the Guard and Reserve. only use these privileges when they is concerned about it. are on their active duty for training. I What we are trying to get the De­ We plan to hold hearings in Septem­ would hope that we would take an­ fense Department to do is to look at ber and October to try to find the an­ other look at this situation. the Veterans' Administration's com­ swers to the health-care shortfall puter systems. They have software in which the gentleman from Mississippi Thanks to Mr. STRATTON and also to the VA that they will give to the De­ Mrs. HOLT and other members of the has sought so sincerely to correct. fense Department. The Defense De­ I also want to thank the other mem­ Procurement Subcommittee, we made partment is looking at a Cadillac when great strides in getting better equip­ bers of the subcommittee and the out­ they may only need a Ford or a Chev­ standing staff for all their efforts as ment to the National Guard and Re­ rolet as far as computer systems are serves. Our committee has really done well. I genuinely value and will surely concerned. miss my association with this great it along with the help of the Commit­ It would be shameful if they move tee on Appropriations of the House. ahead and implement these very ex­ committee. We still have not gone far enough, and pensive computer systems when we are As the gentleman from Virginia said, the Defense Department must request ready to give it to them from the VA this is turning out to be a very, very more for reservists on equipment. system. difficult year for defense procurement, We are getting less than 5 percent Let me shift gears to medical care and I just want to make a couple of for 1987 for equipment for the Nation­ sharing agreements between the Vet­ points in that regard. I certainly al Guard and Reserves. We are getting erans' Administration and military regret the fiscal environment that has less than 7 percent of the total fund­ hospitals. We have a law passed 5 imposed unprecedented reductions for ing for military construction. Working years ago to share equipment and defense. I think that we are cutting with Mr. DELLUMS and Mr. KRAMER on other medical resources. Thus, mili­ too far and too fast for a reasoned and the Subcommittee on Military Con­ tary patients can go into the Veterans' sound defense. Second, in my opinion, struction, we have an amendment in Administration hospitals, and vice the committee recommendation does this bill that says 10 percent of all versa. It saves a lot of money for the not reflect what is needed for defense. military construction that comes out taxpayers and we are also getting We all know what the threat is, and to in 1988 will have to be earmarked for better care for our patients, both in settle for any less than is necessary is the Reserves and National Guard. the VA system and also in the mili­ certainly shortsighted in my view. Talking about the pluses in the bill, tary. In fact, in New Mexico, rather Mr. Chairman, I want to mention the than construct a new facility, the Air 0 1410 3-percent pay raise for military per­ Force will share the Veterans' Admin­ sonnel. There is modest growth in end istration Hospital for the first time. It Instead, our recommendation repre­ strengths for the reservists. The De­ is working well. sents as equitable and balanced a package as we could put together, fense Department is doing the right In closing, let me say that there is thing in turning more missions over to given the unrealistic fiscal restraints some research money in the bill to be and competing priorities and interests. the National Guard and Reserves. transferred from the military the Vet­ Having more of these missions go to erans' Administration. There is a Finally, although there is no binding the Reserves is a good buy for the tax­ shortage of doctors, nurses, and re­ requirement to do so, we have made payers. search people in the Army and mili­ the tough decisions necessary to Let me talk briefly about a subject tary hospitals. There is not a shortage comply with the budget authority that my colleagues know I am familiar in the VA. guidance provided us. with-the new GI bill. In effect, Mr. We are going to transfer some Mr. Chairman, I ask the House to Chairman, it should be said here today money in this bill that would give the support the committee recommenda­ that the new GI bill has saved the All­ VA the opportunity to look at gunshot tion and to resist proposals that would Volunteer Force. In the shortage of wounds, to look at prosthetics, to look reduce the fiscal year 1987 defense personnel that we are now beginning at blood transfusions that will help program further. to face of high quality young men and the military at a later date. Mr. STRATTON. Mr. Chairman, I yield 10 minutes to the gentleman women to serve in the Armed Forces, As a whole, Mr. Chairman, I think the new GI bill has filled the gap. It is from California [Mr. DELLUMS]. working so well. that this is a workable bill, and I cer­ Mr. DELLUMS. Mr. Chairman, I Members of the House should take tainly rise in support of it. thank my distinguished colleague for credit for this. They voted for the new Mr. WHITEHURST. Mr. Chairman, yielding me this time. GI bill on several occasions, and it was I yield 5 minutes to the gentlewoman Mr. Chairman, today the Committee a unanimous vote. The new GI bill is from Maryland [Mrs. HOLT] . on Armed Services brings to the floor going to both Active Forces and to the Mrs. HOLT. Mr. Chairman, as the H.R. 4428, the National Defense Au­ Reserves. ranking Republican on the Procure- thorization bill for fiscal year 1987. Di- August 4, 1986 CONGRESSIONAL RECORD-HOUSE 18895 vision B of H.R. 4428 would provide however, I have included in my state­ Mr. Chairman, I would now move to $8.6 billion in military construction ment a summary of those actions the second part of my responsibility in authorization and related authority in which are more fully explained in the my capacity as chairperson of the Sub­ support of the military departments, committee report. committee on Military Installations the Defense agencies, the ,reserve com­ and Facilities. ponents, and the NATO Infrastructure · [In thousands of dollars] Mr. Chairman, today the Committee Program. on Armed Services brings to the House Before I proceed, Mr. Chairman, I Fiscal year r.ommittee Total H.R. 4428, the National Defense Au­ want to express my deep appreciation Military department 1987 budget approved by request changes committee thorization Act for fiscal year 1987. to my distinguished colleague from Title III of Division C would authorize Colorado, Mr. KRAMER, the ranking Army ...... 3,445,216 432,156 3,313,060 $126.6 million to carry out the provi­ Republican member of the Subcom­ 2,588,293 377,610 2,210,683 ~~~orce ::::::::::: : :: : ::::::::::::::::::::::: : : : :: 2,563,229 356,789 2,206,440 sions of the Federal Civil Defense Act mittee on Military Installations and Del. {1ency ..... 692,200 175,797 516,403 of 1950. Facilities, for his leadership and assist­ NATO nlra ...... 247,000 0 247,000 The Federal Emergency Manage­ ance during extensive hearings on the Guard/Reserve ... 451.200 0 451 ,200 Total 9,987,138 1,342,352 ment Agency requested authorization military construction portion of the 8,644.786 of $126.6 million for civil defense for legislation before this body today. fiscal year 1987. On June 24, 1986 the Also, I would like to thank all the Some of the major reductions made Committee on Armed Services unani­ other members of the Subcommittee by the committee included: A $232 mil­ mously approved the full amount re­ on Military Installations and Facilities lion from the $502 million request for quested. for their extraordinary diligence, par­ facilities in Alaska and Fort Drum, NY To put the committee's action in ticularly at a time when we face severe in support of the Army's newly cre­ perspective, it should be noted that budgetary constraints and difficult ated light infantry divisions. The com­ compared to the enacted fiscal year choices. The 16 members of the sub­ mittee questioned both the require­ 1986 appropriation of $130 million, the committee deserve public commenda­ ment for and the cost of stationing a administration's budget request of tion for their courageous decision not light infantry division in Alaska. to approve any unbudgeted items for $126.6 million represents a reduction A $133 million reduction from the of 3 percent. fiscal year 1987. It was a difficult $187 million requested for the first 2 choice, but they stood tall and held of the Navy's proposed 13· homeports The fiscal year 1987 budget request, the line in the face of tremendous for the Strategic Homeporting Pro­ as submitted and approved, would pressure from both colleagues and gram; the committee approved $54.4 maintain the status quo pending final constituents. Because of their hard million of the $92 million requested action within the administration on a work, the legislation before you today for construction at Staten Island, NY. review of civil defense policies, objec­ represents a balanced effort to meet The entire $95.4 million requested for tives, and programs which was man­ both the fiscal constraints that face us Everett, WA was deferred because of dated by the fiscal year 1986 confer­ and to respond to the most pressing unresolved environmental problems, ence report on the Defense Authoriza­ construction requirements of the mili­ uncertainties about financial commit­ tion Act. A portion of the report on tary departments. ments to the program by the State the review was received by the com­ For the benefit of the members, I and local governments, and questions mittee on July 7, 1986; however, the would like to briefly review the devel­ about the estimated cost of defense national security decision directive, opment of this legislation. The Secre­ access roads. which is the President's policy direc­ tary of Defense requested new author­ A $23.6 million reduction in the tive on future civil defense programs, ization for military construction and family housing utilities account to re­ was not included in the package and is family housing in the amount of $10 flect anticipated fuel savings; still under review within the executive billion for fiscal year 1987. On June 24 $72.4 million reductions for the first branch. Currently, there is no clear in­ and July 24, 1986, the Committee on phase of a new $300 million naval base dication of when the policy directive Armed Services approved by voice vote the Navy proposes to build at Naples, will be approved by the President and the legislation before you today which Italy. made available to the Congress. provides $8.6 billion in authorization And finally, the committee approved For this reason, the committee rec­ for the new fiscal year. This amount is the following general provisions: ommends the approval of $126.6 mil­ $1.3 billion or about 16 percent below Three fair market value land ex­ lion which would provide no-growth in the President's budget request and changes, one land conveyance, and one the civil defense function for fiscal meets the requirements of the first land easement; year 1987. concurrent budget resolution. A provision authorizing the use of Mr. Chairman, in the few remaining To achieve the necessary reductions, $200,000 in planning and design funds moments I have I would like to ad­ the committee agreed to defer all for community planning at Fort dress a couple of other issues. I have projects where there was not a clear Drum, NY: now discharged my responsibilities as requirement in fiscal year 1987 be­ A provision authorizing private de­ the chairperson of the subcommittee cause of low design, cancelled or modi­ velopment on Navy-owned land in San bringing the military construction fied mission requirements, and ques­ Diego, CA in exchange for free or budget to the floor. tionable scope and/ or cost estimates. below market value administrative I am also a Member that represents The committee also deferred all new space; and the Eighth Congressional District in starts unless there was a clear require­ A provision prohibiting the obliga­ California. In that regard, I would like ment to meet national defense needs. tion or expenditure of NATO infra­ to alert my distinguished colleagues Additional projects that otherwise met structure funds in fiscal year 1988 that during the course of the debate I all the criteria for inclusion in the unless the Secretary of Defense sub­ will be bringing a number of amend­ budget request were deferred because mits a comprehensive 5-year master ments to the floor. of budget constraints. plan for acquisition of air and ground First of all, I will offer an amend­ Furthermore, in a sharp departure defense for U.S. bases in Europe. ment, Mr. Chairman, that would from past years, the subcommittee Mr. Chairman, the Committee on delete all Department of Defense denied all requests to add unbudgeted Armed Services believes that the mili­ funds for the strategic defense initia­ projects to the bill. tary construction authorization con­ tive, a program that we euphemistical­ In the interest of time, I will not tained in H.R. 4428 represents a bal­ ly refer to as star wars. That would detail the individual actions taken by anced program that deserves favorable delete all funds for the SDI testing the committee. For your convenience, consideration by the House. and demonstration program. 18896 CONGRESSIONAL RECORD-HOUSE August 4, 1986 It is the considered op1mon of this Mr. Chairman, I would like to spend would have to target the same number gentleman that strategic defense initi­ a couple of minutes talking about the of square miles. It is called the barrage ative is an unnecessary and dangerous bill; in particular some of the work of attack. development that we do not need, and the House Committee on Armed Serv­ Some would argue that a three-war­ at the apropriate point I will be at­ ices. Some of the things I may agree head heavier missile could act as the tempting to make as cogent an argu­ with, some of the things I really do same deterrent, would confuse the So­ ment as I can in support of that posi­ not agree with. viets as much, would require the same tion. It has been a difficult year because degree of Soviet effort for striking Second, Mr. Chairman, I would like we have cut more from the request that missile if you had about one-third to point out that along with my distin­ this year than any other year that I the number and three warheads guished colleague, the gentlewoman can remember in almost 8 years in the rather than one. from Colorado [Mrs. SCHROEDER], she House of Representatives, and I think, Regrettably, the Committee on and I will offer an amendment that going back looking at the history Armed Services, the R&D committee proposes an alternative military books, we have cut more in the request and the full committee, took the posi­ budget with budget authority of of this administration in the authori­ tion that we do not want to delay for 1 $255.4 billion and outlays of $265 bil­ zation for the Department of Defense month or for 6 months or 9 months lion in fiscal year 1987. than any other administration since the research and development and the beginning of this country. testing in this small missile in order to 0 1420 It was a difficult thing to do, and I give us that valuable information. think an unfortunate thing that we I think that was a mistake; I think The amendments have numerous had to do. changes, make numerous changes in First of all, I would like to focus we need the information because if we defense spending, and I would not go Members' attention on the small inter­ find out, pursuant to the studies, that into those specifics. At the appropriate continental ballistic missile, SICBM, a two-warhead or a three-warhead point during the debate, we will at­ the small mobile, single-warhead mis­ mobile missile will give us the same tempt to assert our concerns. sile that we have been working on. type of deterrence and the same level The point there is simply that if we There is a request which is in the bill of survivability as a single-warhead begin to address the policies upon which I don't disagree with; in fact, missile, we would be saving approxi­ which our military budget is based, disagree with, and that is to increase mately $18 to $20 billion. I think it is that we can move away from such a the permissible weight of this mobile important to keep those numbers in heavy reliance on militarism to prop single-warhead missile from 33,000 mind because we are so interested in up our role in the world and certainly pounds to 37,000 pounds. saving dollars. no need to spend nearly $300 billion in As everybody will recall, last year So, I thought it was a mistake not that regard. this Congress put a limit on the level delaying the small Midgetman missile Mr. Chairman, I would simply like to or the weight of that particular mis­ just a few months in order to get the point out that in addition to the sile; the theory being that if it gets too results back of that particular study. amendment on star wars and the sub­ heavy, it will be difficult being mobile Also, I thought there was a particu­ stitute that my distinguished col­ and therefore do not make it too lar nefarious amendment that was league and I will be providing, I would heavy. placed in the research and develop­ also, along with the gentlewoman So, we restricted its weight to 33,000 ment subcommittee with respect to from Colorado [Mrs. SCHROEDER] and pounds and then upon further obser­ the linkage of the small mobile missile the gentleman from Pennsylvania vation, analysis and research, we with the 10-warhead silo-based, fixed­ [Mr. GRAY] will be offering, finally, an found out that with the increasing base MX missile. amendment to bar payment of any spread and deployment of Soviet de­ As everybody knows, there was a lot funds authorized by the bill to firms fensive systems, it will be impossible of effort in the past number of years, or groups that conduct any business for this single-warhead missile to be more debate than we would like to with either the South African Govern­ able to penetrate Soviet air space, and think about and remember, about the ment or any business establishment in therefore have any capability of deter­ possibility of us having finally a South Africa. ring conflict, unless there are counter­ modernized, land-based leg of our Mr. Chairman, to bring an end to measures put on it; unless there are triad. President after President tried; apartheid in South Africa is one of the some penetration aids, so to speak. this body successful in the past couple great moral issues of our time. It So, we decided to increase its permis­ of years, decided to go ahead and au­ would seem to me that those of us who sible weight from 33,000 to 37 ,000 thorize money for the development of feel strongly have a responsibility to pounds to allow the placing of pene­ 50 MX missiles. raise this issue on every appropriate tration aids, which I support. The amendment in the R&S sub­ vehicle that we can. There was also another interesting committee which was approved by the The Federal largesse of this country debate in the Research and Develop­ full committee reduced, in essence, the that goes forward as contracts to ment Subcommittee and in the full 10 or the 50 MX missiles that we final­ many of our corporations should be committee on the single-warhead ly got through this Congress, down to limited in their capacity to allow those mobile missile, and that was on the 10 unless we reached certain goals contracts to go forward as long as they logical question of whether we should with regard to the development of the see fit to be in bed with perhaps the continue this thing as a single-war­ single warhead mobile missile; but most racist and repressive regime on head missile, or should we do the type there is no guarantee that we will be the face of the Earth. of examination and studies to deter­ able, in the timeframe set out in that That concludes my report, and I mine whether you have the same amendment, to achieve the deploy­ thank the gentleman for his generosi­ degree of deterrence, the same type of ment, achieve the research and ty. weapon by having two or perhaps achieve full engineering development Mr. WHITEHURST. Mr. Chairman, three warheads; thusly increasing its of the small mobile missile in time, I yield 18 minutes to the gentleman weight to a degree. and therefore, what we have basically from New Jersey CMr. COURTER]. The theory being, of course, that the is now a reversal of what this Congress Mr. COURTER. Mr. Chairman, I ap­ Soviet Union would have as great a did in the past 2 and 3 and 4 years. preciate the time to talk a little bit difficulty in jeopardizing and making That is we have now gone, because about the upcoming defense debate we not survivable a two- or three-warhead of this link.age, from 50 MX missiles will be starting today and going into missile that was survivable as a one­ down to 10, and I just want to alert next week, perhaps 2 weeks. warhead missile, because the Soviets this body that I think that is going in August 4, 1986 CONGRESSIONAL RECORD-HOUSE 18897 the wrong direction and not the right think it is one that should receive a comes to defense spending. One is the direction. great deal of support by both sides of Soviet threat, and the second is trying Second, there was also an effort, suc­ the aisle. · to answer, in a very quick way, the cessfully in the committee which I I was disappointed that the commit­ charge that we get all the time, "We regret, of deleting all money for hard­ tee proceeded without the type of just spend too much money on defend­ ening of the basing mode for the 10 debate that I would like with regard to ing America." warhead MX missile. a new transport cargo plane, the C-17. First, with regard to the Soviet The argument people made year The long-term goals, the Air Force threat: There is nothing that I have after year after year on this floor was has over 200 of those things at a cost read, there is nothing I do not think the fact that MX was not a good of $37.5 billion. I think, very frankly, that anybody who is a Member of the weapon because it wasn't survivable; that with a mix of the C-5B's as well House of Representatives has read and with having 10 warheads and lack­ as the C-141's and the C-130's that we that would indicate that the threat ing in survivability, it would be a very can fulfill the type of air cargo re­ has diminished, that the Soviets have attractive target for a first strike on quirements without spending that become non-Marxist-Leninist in their the Soviet side; therefore, an increased type of money. In other words, this is ideology, that have become more instability. another area that my vote would go Moscow-oriented in the fact that they Those people that were arguing toward saving money, not expending are not so covetous of different areas against MX were saying "We cannot money; the same way with regard to of the world. build MX because it's not survivable." reducing the number of small missiles, In fact, the opposite is true, and I Now, when it comes to doing research keeping them mobile. I think this and development to increase the hard­ body and this Congress could save tens would like to read some statistics and, ening of the silos to make it surviv­ of billions of dollars in the defense of course, some people can say statis­ able, the Armed Services Committee budget just on those two items, and I tics can do anything. I defy you to decided to eliminate all funding for am sorry that the majority of the com­ bring up statistics that really undo the hardening. mittee did not see this issue exactly statistics with regard to the Soviet ca­ the same way I did. pabilities versus United States capa­ 0 1430 The bill this year, and we are going bilities, the ones I am going to read. So, it is a self-fulfilling prophecy. to be debating this tomorrow, I under­ From 1974 to 1985, the Soviets built, Obviously, MX is not survivable at the stand, Tuesday, is somewhat different that is fielded, not just doing a little present time in its Midgetman 3 silos. than the bills in other years. There research-not just drawing papier- The money in order to determine was a hyphenated rule. We passed one ·mache reproductions of hardware­ whether we can make it survivable was rule, we have not yet passed the built and deployed 3 times as many deleted, so we are going to guarantee second rule. The first rule which we strategic missiles as the United States, that it is not going to be survivable. passed is going to allow us to debate 10 times as many surface-to-air-mis­ So, those people who vote against it the issues of the reorganization siles as the United States, 50 times as will say, "I am against it not because reform inside the Department of De­ many bombers, strategic bombers as of the missile but because it is not sur­ fense, and acquisition and procure­ the United States. That is not five vivable," when they themselves took ment reform inside the Department of more or two more; 50 times as many. out the research dollars to make an Defense tomorrow. Two times as many combat fighters as effort to find out whether in fact it Those are very, very important ini­ the United States, three times as could be survivable. I think that is a tiatives. Some I think are extremely many military helicopters as the very foolish type of approach, and I valuable and good, some of which do United States, twice as many military hope that in the conference we can not do a great deal of good or harm submarines as the United States, ten rectify that problem. and I think some particularly with times as many artillery pieces as the I thought that the gentlewoman regard to a couple of the proposed ac­ United States. from Maryland had an excellent quisition reforms we may be finding Also, from a strategic area it is im­ amendment with regard to antisatel­ ourselves going downstream rather portant to keep in mind that there is lite weapons. That also was an issue of than upstream, making no progress not parity in many areas and particu­ interesting and divisive debate on this rather than making progress. larly this area. The Soviets have in House. She crafted-now I do not So, when we have a debate tomor­ their strategic arsenals twice the de­ know why it takes so long for some row, particularly the 2 hours of debate structive power, that is twice the yield, people to think of the perfect amend­ on acquisition reform, I think it is im­ twice the megatonnage as does the ment; I think she had the perfect portant to keep in mind, to the Mem­ United States in our strategic arsenal. amendment. I give her a great deal of bers of this body, that there is a That, I think, should be an issue in credit. She said that we cannot go for­ choice, that both efforts, the Mav­ Geneva. I cannot imagine the United ward with our own Asat Program if roules, the Nick Mavroules amend­ States wanting to negotiate an arms the Soviets eliminate their asat pro­ ment, which contains a number of re­ control agreement giving the Soviet gram. We will not have one, they will forms, is mostly good; but there is Union twice the yield, the destructive not have one, but we can continue going to be a substitute, I believe, sup­ power in their arsenal as the United with ours as long as they continue ported by most of the ranking people, States. theirs in a deployed level. I think that most of the subcommittee chairmen, They also have four times the makes a great deal of sense, and I that makes some small modifications throw-weight in their strategic arsenal would urge my friends on boths sides and is in fact an improvement over the than the United States, 4 times the de­ of the aisle the logic of parity when it position of the gentleman from Massa­ livery capability in their strategic arse­ comes to antisatellite weapons is logi­ chusetts [Mr. MAVROULES]. nal than the United States has in our cal between the Soviet Union and the So, I would hope during the debate strategic arsenal. United States. We will forgo all rights tomorrow my colleagues do not get Those are important numbers to providing the Soviet Union eliminate confused. It is going to be a little bit keep in mind. In the past 5 years even their fielded existing system. What complicated; so keep your eyes open. with the Ronald Reagan buildup, if seems to be fair and right and proper The two sides are not that far apart. you want to call it that, the Soviets for the Soviet Union in developing We thillk there is a more responsible have produced twice as many fighter their capability should at least apply way to go. aircraft than the United States, four to ourselves. Finally, I would like to just spend times as many helicopters as the So, I think that was a good effort by the last couple of minutes talking United States, ·5 times as many artil­ the gentlewoman from Maryland. I about two general macroissues when it lery pieces than the United States, 12 18898 CONGRESSIONAL RECORD-HOUSE August 4, 1986 times as many ballistic missiles as the money should be placed and what have required the reduction of at least United States, and 50 times as many strengths should be given. I agree with two other ships. The ships that would bombers as the United States. the basic statistics the gentleman have been displaced would have in­ In 1985 the Soviets produced 100 cited. I do feel we have a tremendous cluded surface combatants and/or intercontinental ballistic missiles, we redundancy in nuclear weapons, and attack submarines. It is the commit­ none; 100 sea-launched ballistic mis­ that we should channel some of this tee's judgment that such reductions siles, we 74; twice the number of sub­ money into conventional weapons would have a greater impact on the marines that launch ballistic missiles where I think we are much more in national defense than the deletion of a than the United States; 20 interconti­ danger. Trident submarine. nental bombers, the United States 2; Mr. Chairman, H.R. 4428, as amend­ Third. The Navy is presently seeking 700 combat aircraft, the United States ed, would authorize $9,153.9 million to bring a second shipbuilder into the 320; 2, 700 tanks, the United States for the construction of 15 ships and construction of Trident submarines to half that; 2,500 infantry combat vehi­ the conversion of 2 ships. The bill gain the benefits of competition. The cles, the United States 655. would authorize the construction of Navy will not be able to offer the ship Now, that is the threat. I ask the four Los Angeles-class attack subma­ for competitive procurement until question, is that less? Is it diminished? rines, three Ticonderoga-class cruisers, fiscal year 1988. The deferral of the Is it smaller than it was a year ago, 5 two A rleigh Burke-class guided missile Trident submarine requested for fiscal years, 8 years ago? destroyers, two SURTASS surveillance year 1987 may allow the opportunity Simply, it is not. ships, two modern fleet oilers, one fast for the forces of competition to bring Very quickly, in my last remaining combat support ship, and one oceano­ down the cost of the vessel next year. 60 seconds: I would like to spend noth­ graphic research ship. The bill would The committee recommendation ing for defense; I would like to spend also authorize the conversion of two would also restructure the procure­ just as much as we simply have to pro­ crane ships. ment of Aegis cruisers and destroyers. tect ourselves, to deter conflict and As compared to the President's re­ quest, the bill would authorize $1,892.3 In 1982 the Navy brought a second preserve our lives, our freedom, and shipbuilder into the construction pro­ our country. million less than the $11,046.2 million requested. The committee action in gram for Aegis cruisers. The existence It is important as well to keep in of competition in the Aegis cruiser mind that Ike Eisenhower in 1961, I recommending authorization for Navy shipbuilding was constrained by the program has been reported to result in believe it was, made the statement significant savings in acquisition costs. that we have to be careful of the mili­ budget resolution which provided $292 tary-industrial complex. People will billion for the national defense func­ The President's budget request includ­ say, "Since then we have really done tion, a reduction of $28 billion from ed only two cruisers-a number that it." the President's request and a decision would effectively end the competition The United States is spending 45 to avoid large reductions in the fund­ for the construction of these ships. percent less of our wealth on defend­ ing for military personnel and readi­ The President's budget also included ing America than we did when Eisen­ ness related accounts. As a result, the three Aegis-equipped destroyers-even hower made that warning. funding for shipbuilding was cut by though the first ship of that class is So in essence, we followed his warn­ more than 17 percent. only now beginning construction, and ing. In the 1960's we were spending Ships that were requested by the there is only one builder. In order that about 9 percent of our gross national President but not included in the rec­ competition may be maintained in the product on defense, about 61/2 to 7 per­ ommended authorization are a Trident Aegis cruiser program, the committee cent today; about 50 percent then of ballistic missile submarine, four mine­ recommends that authorization be Federal spending was on defense, that sweepers that were deleted because of provided for three cruisers in fiscal is down to about 30 to 33 percent difficulties in the program, a destroy­ year 1987. In order to stay within today. er, a SURTASS surveillance ship, and budget constraints and consistent with the conversion of one oiler. the construction status of the destroy­ 0 1440 The committee faced difficult deci­ er program, the committee recom­ So during this debate, I urge my col­ sions in deciding how a cut of nearly mends that the budget request for leagues to remember those statistics, $1.9 billion could be implemented three destroyers be reduced to two and remember that we have an awe­ while minimizing the impact of the na­ ships for fiscal year 1987. some responsibility. The responsibility tional defense. The decision to recom­ I want to turn now to the committee is to answer the question as to wheth­ mend that the requested authorization recommendations for legislation deal­ er in competition with the totalitarian for the 14th Trident submarine be ing with the management and oper­ regime that does not have a free press, denied was carefully considered in ation of the national strategic stock­ that does not have a Congress, that light of the many important defense pile. does not have a Senate, can a free soci­ missions that are conducted by the For the past 40 years, the policy of ety do those things necessary to pro­ Navy. The committee decision to the U.S. Government has been to tect itself and to protect freedom? delete the Trident was heavily influ­ maintain a national defense stockpile. Mr. STRATTON. Mr. Chairman, I enced by three factors: The purpose of the stockpile is to pro­ yield 10 minutes to the gentleman First. Because of SALT II limita­ vide materials to supply the military, from Florida [Mr. BENNETT]. tions on numbers of strategic systems, industrial, and essential civilian needs Mr. BENNETT. Mr. Chairman, I Poseidon ballistic missile submarines for national defense purposes and to thank the gentleman for yielding this are presently being retired even preclude a dangerous and costly de­ time to me. though they are still militarily useful. pendence by the United States on for­ Mr. Chairman, it is a pleasure to The committee recognized that an ad­ eign sources for supplies of such mate­ follow outstanding speakers like the ditional Trident submarine would only rials in times of national emergency. one I just heard, and I join with the exacerbate that situation. Current national defense stockpile gentleman in a desire to have a strong­ Second. The Navy is critically short policy originated out of the experi­ er national defense. It is a pleasure to of modern surface combatants that ences of World War I, World War II, serve on some of the subcommittees would be required to support the sea and the Korean conflict. with the gentleman, a very thoughtful lines of communication between the On July 8, 1985, the administration person. United States and Europe during a proposed a new national defense stock­ It certainly is true. that we need a NATO war. A decision to authorize a pile policy, including the sale of $2.5 stronger national defense. The only Trident submarine this year within billion of strategic assets and the re­ difference occurs as to where that the imposed budget limitations would duction of stockpile goals from $16 bil- August 4, 1986 CONGRESSIONAL RECORD-HOUSE 18899 lion-May 1985 prices-to $6.6 billion. ing, not because it is not worthy, but The press has been full of accounts Materials proposed for sale included because there is a substantial amount of where the Navy has been this year: chromium, cobalt, manganese, and of money in my amendment which I supporting operations at the South platinum, all of which are primarily introduced, for what is needed to be Pole, fighting terrorism in the air over supplied by South Africa or the Soviet done this year. the Mediterranean, and exploring 2% Union. There is no need to flood this pro­ miles beneath the ocean surface on In response to the committee's re­ gram with money. We are in short the wreck of the Titanic. quest for an evaluation of the pro­ supply with regard to money for con­ But nowhere has our Nation's in­ posed policy, the General Accounting ventional weapons. We are in a very vestment in a strong Navy and mari­ Office, in their letter of June 6, 1986, long supply with regard to even re­ time superiority paid off more this concluded that the study conducted by search in SDI. So I will be offering an year than last April in the Gulf of the National Security Council was not amendment to cut that down to $3.1 Sidra and over Tripoli and Benghazi. based on sound national security plan­ billion. That is not a very deep cut, a Here the skill and bravery of our ning assumptions. The GAO letter less than $1 billion cut, from the com­ pilots, the readiness of their aircraft stated: mittee's amount of money, a very sub­ and ships, and careful planning and Thus, while our conclusion is qualified be· stantial reduction, however, from the mission execution helped to put the cause we have not yet completed our analy­ overall request. world's terrorists on notice that terror­ ses and still require additional data from Next I will be offering an amend­ ism would not be tolerated by free NSC and the agencies to do so, our prelimi­ ment to cut back on some of the MX nary assessment is that the NSC study does people. not appear to be a sufficient basis for set­ funds to make some of those funds The President and the Congress ting stockpile goals or as a basis for other available for conventional weaponry have worked together to bring the U.S. mobilization planning. instead. Navy back from the doldrums of the During the past 2 fiscal years, the Finally, I have introduced in the 1970's to the position of strength it administration has completely ignored committee, but not accepted there, an enjoys today. We have provided congressional direction regarding excess funds amendment. I may not enough support to reach a 600-ship stockpiles. The fiscal year 1987 budget offer this particular amendment, be­ Navy by the end of the decade, and proposal to transfer moneys from the cause it may be adjusted otherwise in funded the spare parts and personnel national defense stockpile transaction the bill. When I offered the amend­ initiatives to keep this growing fleet fund to the general fund of the Treas­ ment in the committee, I was told to from becoming a hollow fleet. ury is an example of such disregard. put forth a freestanding bill, which I But we now seem to be at a cross­ Such a transfer would evade the provi­ have done. But I read in the press that roads as we try to keep this momen­ sion of the Stock Piling Act which pro­ perhaps the chairman of the commit­ tum going. The bill before us today hibits the disposal of material from tee will offer an excess funding would cut nearly 9 percent from the the stockpile if the disposal would amendment too. Therefore, I expect to President's national defense request, result in an unobligated balance in the offer mine also, which I think will and more than 10 percent from the stockpile transaction fund in excess of close off this $40 billion or whatever it Navy's procurement budget. The com­ $250 million. The proposal of the ad­ is that is supposed to be floating mittee's shipbuilding recommendation ministration to dispose of large quanti­ around that ought to be cut off. would trim the President's request by ties of materials from the stockpile is Mr. Chairman, I am glad to have ad­ over $1.8 billion, nearly 17 percent. So another example. dressed primarily the naval functions in this bill and I would like to bring at­ at best, the 17 ships in the committee How stockpile goals are developed bill are a bare minimum if we are to within the executive branch is unclear, tention to the committee to the things achieve the maritime superiority our as is the basis for executive decisions that I have also discussed, the amend­ country needs for its survival. that are made under existing law for ments which I personally will be offer­ ing. Let me turn now to the specifics of the operation of the stockpile and the committee's shipbuilding recom­ which affect the quantity, quality, or mendation. The recommended pro­ form of materials to be included in the 0 1450 Mr. WHITEHURST. Mr. Chairman, gram includes three Ticonderoga-class stockpile. Aegis cruisers; two A rleigh Burke-class As a result, it is clear that steps I yield 5 minutes to the gentleman must be taken to bring about stability from South Carolina [Mr. SPENCE]. guided missile destroyers; four Los An­ and rationality to the stockpile pro­ Mr. SPENCE. I thank the gentleman geles-class nuclear attack submarines; gram. To that end H.R. 4428 includes for yielding me this time. long-lead funds for the next genera­ legislation that would establish stock­ Mr. Chairman, I rise in support of tion attack submarine, the Seawolf­ pile levels in law. This would alleviate H.R. 4428, the fiscal year 1987 Depart­ class; a fast combat support ship; and the manipulation of those levels for ment of Defense authorization bill, seven other support ships of various economic, budgetary, or any other and will address primarily those as­ types. reason and prevent the purchase of pects of the bill related to seapower. A The Ticonderoga-class guided missile unneeded materials due to pressure recent issue of U.S. News & World cruisers, with their Aegis weapon sys­ from producers or foreign govern­ Report magazine summed up the tems, continue to perform well above ments. President's 5-year naval recovery pro­ expectations; they are truly a revolu­ In addition, the committee has con­ gram rather well: the cover reads, tionary step in naval warfare. No­ cluded that the stockpile program "Tough New Navy." The lead story where was this more in evidence than should be consolidated under the De­ headline says, "Rust to Riches: The in the Libyan antiterrorist raid in partment of Defense to rectify the Navy is Back." April of this year. Aegis cruisers pro­ long recognized management deficien­ This recent article sums up what vided a picture of the aerial situation cies and has included legislation to those of us, who have been working of unprecedented clarity and preci­ achieve that end. for many years to improve the Navy, sion, contributing tremendously to the Mr. Chairman, that concludes my already know: that the U.S. Navy has overall success of the operation. In statement. enjoyed a rejuvenation over the past 5 recommending three of these ships Mr. Chairman, I would like to men­ years that has paid great dividends in this year the committee also seeks to tion, since it has not been mentioned the quality of our people, the readi­ continue the benefits of competitive in my preceding remarks, that I cer­ ness of our equipment, and the numer­ procurement in this program that tainly strongly favor the idea of cut­ ical growth of the fleet toward the have continued to drive the cost of ting down on the proposed SDI fund- 600-ship Navy. these ships down, year by year. 18900 CONGRESSIONAL RECORD-HOUSE August 4, 1986 The committee bill also recommends urge my colleagues to join me in sup­ limited authority now to hire and fire two A rleigh Burke-class guided missile porting this bill. their subordinates, organize their com­ destroyers. Also equipped with the Mr. STRATTON. Mr. Chairman, I mands as they see fit, specify the Aegis system, these smaller, more ver­ yield 10 minutes to the gentleman chain of command under them, or satile and less expensive ships will re­ from Alabama [Mr. NICHOLS]. even employ subordinate forces as place older destroyers that are reach­ Mr. NICHOLS. I thank the gentle­ they feel best. These are the com­ ing the end of their planned lifetimes. man for yielding me this time. manders in chief [CINC's] of the 10 With two of these ships in the bill the Mr. Chairman, I appreciate the gen­ unified and specified commands-for Navy can begin the competitive pro­ tleman yielding and I would like to example, the Atlantic Command, the curement process for these ships that make some brief remarks on an Strategic Air Command, and the Cen­ will ultimately keep their cost down. amendment which I expect to offer to­ tral Command. For decades, these 10 The four Los Angeles-class SSN-688 morrow to the military authorization CINC's have been the men tasked with attack submarines in the committee bill. actually fighting a war. The service bill are a vital step in reaching the The amendment addresses the most revolutionary reform of the Defense chiefs are charged with recruiting, Navy's force goal of 100 nuclear attack training, and equipping forces, but submarines by 1990. The Soviet Union Department structure since the De­ fense Department was created follow­ have not commanded forces since the continues to outbuild us in nuclear Department of Defense was created in submarines at the rate of 3 to 1; they ing World War II. I should add that the Subcommittee on Investigations 1947. The bill gives the CINC's full are also getting better at incorporating command, as President Dwight Eisen­ the technologies that have traditional­ has been laboring on defense reform now during the past three Congresses hower recommended 30 years ago, and ly given the United States an adge in and last year we passed, by a substan­ in doing so gives the CINC's authority submarine warfare. The ships in this tial margin, a bill reforming the Joint commensurate with the vast responsi­ year's bill will do three things to re­ Chiefs of Staff, which has been pretty bilities. dress this situation: First, they will much adopted in the Senate reauthor­ Our amendment would also consoli­ help to make up for the dangerously ization bill passed earlier this year. date the military and civilian staffs of low attack submarine building rate of Our committee has held numerous each service: The bill would end the the late 1970's; second, they will incor­ hearings on the subject and has heard often duplicative civilian and military porate a series of modifications to the from 109 different witnesses in 33 days bureaucracies and require a 15-percent ships' earlier design that will make of hearings and have accumulated cut in headquarters personnel upon them the world's quietest nuclear sub­ better than 2,000 pages of testimony consolidation. Each service now has a marines, capable of performing multi­ on this subject. Our bill makes a staff under the civilian secretary and ple missions in a superb manner; and number of landmark changes in the another staff under the military chief third, they will provide an orderly manner in which the Pentagon would of staff. The bill provides for a single transition in both numbers and tech­ function and goes far beyond the bill staff. Where there is now a civilian as­ nology to the next generation of recently enacted on a unanimous vote sistant secretary for manpower and a attack submarine, the Seawolf in the other body. military deputy chief of staff for per­ The committee bill would also au­ Senators GOLDWATER from Arizona sonnel, the bill would allow only one thorize the initial procurement of and NUNN from Georgia deserve con­ manpower office. The secretary would components for the Seawolf attack siderable credit for the strong congres­ retain civilian control as now. submarine. Seawolf will be a quantum sional backing they have provided on leap from the current generations of Mr. Chairman, our subcommittee the Senate side and our bill is entirely has labored long and hard over the nuclear submarines, both United consistent with the Goldwater /Nunn States and Soviet. It will be capable of provisions contained in this amend­ reform package. Likewise, the Packard ment which we will offer tomorrow. As sustained quiet tactical operations at Commission deserves substantial faster speeds than any submarine in I mentioned earlier, this legislation credit for their strong support on would increase the authority of those the world. It will also be able to store reform legislation. and deliver a larger number of a wider combat commanders in the field of the The theme of our bill is to provide 10 unified and specified commands variety of weapons than any oper­ more authority for those elements of ational submarine today. who would have the awesome respon­ the military responsible for actually sibility of conducting military oper­ Finally, let me point out that the fighting a war and we are confident committee bill authorizes a fast that our legislation serves to place na­ ations in the event we go to war. Now combat support ship, the first in many tional security over the interests of when you strengthen that individual­ years. This type of ship is vitally the individual services. that commander in chief, the addition­ needed to supply our carrier battle Three of the many significant al authority that you give him obvi­ groups at sea, and will help to redress changes contained in the bill are: ously has to come from a higher a shortfall that could ultimately First, the development of a joint spe­ source and for that reason I must tell hinder our ability to operate our Navy ciality: For the first time in history, you in all honesty that many of the worldwide. officers would be specifically selected admirals and generals in the Pentagon Mr. Chairman, I believe the commit­ and trained to serve in assignments object to some of the provisions con­ tee's shipbuilding recommendations that deal with joint, multiservice oper­ tained in this legislation. But the bill strike a proper balance within the ations. The Investigations Subcommit­ is not my bill, but is the consensus of tough fiscal constraints of the budget tee took testimony showing that many the testimony we have taken from resolution. We can't lose sight of the officers working in joint assignments former secretarys of defense, national fact that the Soviets continue to have been pressured to make decisions security advisers, members of the expand and improve their fleet, out­ favorable to the interests of their own Joint Chiefs of Staff and field com­ building us in surface combatants and service. The legislation would insulate manders who strongly advocate the submarines consistently, year after joint officers from such service pres­ changes we are suggesting. year. The Soviets have obviously de­ sure by giving joint officers and the I have made every attempt to work cided that they are willing to spend chairman of the JCS a say in such with our friends in the Pentagon at whatever is necessary to gain leverage things as promotions. the very highest levels and as one over the United States at sea. The amendment would also increase whose service in the Congress has But added to our previous gains, this the authority of the CINC's. Incredi­ been marked by supporting a strong year's bill will help the United States ble as it may seem, the officers who defense, I regret that we have differ­ to regain control of the seas. I strongly would command troops in a war have ences and there will no doubt be ef- August 4, 1986 CONGRESSIONAL RECORD-HOUSE 18901 forts made to weaken the bill, which I Perhaps the most important amend­ [PCSJ moves. I think everybody now hope the House will reject. ment to be offered is one to prohibit thinks we went too far in bleeding this Again, I appreciate the time afford­ American testing of nuclear devices account for savings. My amendment is ed me to make a brief explanation of above 1 kiloton in yield during calen­ not a transfer amendment, because I the amendment which will be offered dar year 1987 if the Soviets do not test want the issue to be solely the need tomorrow and I earnestly and sincere­ and permit us to place seismic moni­ for adequate funding of PCS moves. I ly solicit your support in passage of toring stations on Soviet soil. This believe that the House will trim the same. amendment will establish a mutual SDI Program and other programs; and verifiable nuclear testing morato­ 0 1500 hence, there will be adequate funds rium. We do not have to worry about made available to fund this restora­ Mr. STRATTON. Mr. Chairman, I Soviet cheating because we will have tion. accurate monitors near Soviet testing yield 9 minutes to the gentlewoman I have spoken of a number of key from Colorado [Mrs. SCHROEDER]. facilities. And, we do not have to . Mrs. SCHROEDER. Mr. Chairman, worry about the Soviets leapfrogging amendments which the House should I thank the gentleman from New York our sizable lead in weapons technolo­ adopt. Let me talk about some good for yielding time to me. gy, because the Soviets have not been features of the bill as reported. The testing for the last year. committee slashed the·chemical weap­ Mr. Chairman, this year we are ons request by 56 percent. I hope the going to have a very interesting oppor­ Another important arms control remainder will be taken out on the tunity to pass a bill which is fiscally amendment would require the United responsible, which reduces the risk of floor. Similarly, the committee cut the States to continue living under the President's strategic defense initiative nuclear war, which provides us with a SALT II regime, which we have been mighty defense, and which reflects the by 29 percent. Again, a further cut on following for the past 8 years. While the floor is likely and desirable. beliefs and desires of the people the Soviet invasion of Afghanistan beyond the Pentagon. forced President Carter to withdraw The committee bill held the readi­ The bill reported by the Armed the treaty from Senate consideration, ness and personnel accounts relatively Services Committee has a number of the United States has been well served immune from the budget knife. The excellent features, but it spends too by compliance with the limitations small cut in operations and mainte­ much money on unproven hardware contained in SALT II. The President's nance can be made up from the re­ and does not address the single most decision to repudiate SALT II is pro­ duced world price of oil. In personnel, important national defense issue­ vocative and counterproductive to the committee provided a 3-percent arms control. American interests. We must set pay raise in January. I hope and A number of members, including the American policy aright. expect that the same pay raise will be chairman of the committee, have been provided to both civilian and military An amendment will be offered and people this year. The committee bill working to develop sound amendments should be adopted to restore this bill which reflect the wishes of the people to appropriate spending levels. The continues to permit DOD to operate to beyond the Pentagon. Who are these budget resolution was a classic exam­ a budget, without the sort of micro­ people? ple of congressional numbers cooking. management personnel ceilings which They are enlisted soldiers with ele­ The budget conferees set budget au­ used to exist. It is fascinating to me mentary schoolchildren in Germany thority high, to look strong on de­ that those who cry loudest for Gov­ who do not want to be ordered home fense, and set outlays low, to reduce ernment to act like the private sector in the middle of the school year to the deficit pursuant to Gramm­ insist on making Government ineffi­ save money which can then be put Rudman. The majority of the Armed cient and different from the private into an SDI contractors pocket. Services Committee, who doesn't seem sector through the imposition of per­ They are church goers in Denver to know how to say no to the Penta­ sonnel ceilings. who cannot understand why President gon, voted to mark up the bill to the The committee report focuses the Reagan refuses to join the Soviet mor­ inflated budget authority level, pro­ attention of the Pentagon on spouse atorium on nuclear weapons testing ducing actual spending of $7 to $10 bil­ employment, both in the United and seems eager to abandon the two lion higher than contemplated in the States. and abroad, on child care plans, arms control agreements which have budget resolution. This bill, more than and on relocation assistance. Each of already been negotiated. any other, may determine whether se­ these matters is of high importance if They are retirees who do not want questration occurs next month. If we we are going to retain a skilled and their Social Security benefits slashed adopt the Aspin-McCurdy-Spratt motivated cadre of soldiers and sailors. to reduce the gapping Federal defict amendment to reduce outlays to $279 The bill makes a number of small, which is caused by profligate defense billion, we can have a strong national yet significant, changes in the package spending. defense and meet the Gramm-Rudman of benefits for survivors and former They are hard-working, tax-paying targets at the same time. spouses of members of the uniformed Americans who get angry when they Another key amendment will be of­ services. One of these changes con­ see their money being stolen by greedy fered by Mr. DELLUMS. It will prohibit forms the age termination of the pen­ and dishonest defense contractors, the Department of Defense from sion cutoff for remarriage to the civil who the Pentagon is not interested in doing business with any firm which service. Now, under each system, re­ patrolling. does business with South Africa. In a marriage after age 55 does not result They are freedom-loving Americans free enterprise system, we should not in loss of benefits. who do not understand why their Gov­ tell companies with whom they can The committee bill contains an im­ ernment wants to cozy up with the and cannot do business. But, it is per­ portant title on procurement reform. racist government in South Africa. fectly appropriate for us to tell a com­ Contained in this section are two Amendments will be offered to ad­ pany that it has to choose: either do strong whistle-blower protection provi­ dress the concerns of these people business with the fascist regime of sions, one for members of the military beyond the Pentagon. And, if we meet South Africa or do business with the and one for employees of contractors. those concerns, we will have a defense United States Defense Department. Both are based on the .notion that it is bill of which all Americans can be I will be offering. an amendment to the employees working on a project proud. We will have served the people restore about one-half of the $600 mil­ who know best whether there is waste, in our districts, rather than the people lion in cuts made to the budget for fraud, or illegality. As a matter of na­ in the Pentagon. permanent changes in duty station tional policy, these sections encourage 18902 CONGRESSIONAL RECORD-HOUSE August 4, 1986 workers to come forward without fear tion of over $35. 7 billion, which is more than six micro-manage defense affairs. The Pentagon of reprisal. An omnibus amendment times the annual budget of my home State of must accept its responsibility for setting prior­ will be offered to this title by Mr. Georgia, 65 percent of all R&D funded by the ities in all Defense programs, including R&D. 1 MA VROULES. In a number of ways, this Federal Government, and 3 12 times the Feder­ Then, it will be up to Congress to make sure amendment strengthens the procure­ al R&D funding for health and energy, com­ funds are provided for those truly vital national ment reforms already contained in the bined. security projects. bill. A vigorous, dynamic military research and Mr. Chairman, H.R. 4428 is a good bill. It is I will be offering an amendment con­ development program is absolutely vital to na­ a bill that is conscious of budgetary concerns. cerning troop levels abroad. In 1982, tional security. However, our R&D effort today As a committee, we realized that full funding there was vibrant congressional discus­ is hamstrung by a lack of coordination, plan­ was not possible in an era of Gramm­ sion over whether our allies, both ning, and critical evaluation, resulting in the Rudman-Hollings. As a member who has sup­ NATO partners and Japan, were con­ inefficient use of increasingly limited funds. ported a strong national defense since my tributing their fair share to the There is a strong, growing public perception election to Congress, I could not support leg­ common defense. Since that time, the in this country that military R&D is one area islation that is fiscally and politically unrealis­ contributions of our allies have de­ where top return is not being obtained. Mr. tic. This bill, by no stretch of the imagination, clined, our allies have been hesitant in Chairman, my experience as a member of the the war against terrorism, and our can be considered to weaken our defensive Research and Development Subcommittee has posture. I am convinced the funding levels of budget deficit has continued to mush­ convinced me that this perception is correct. room. I believe it is time to raise this H.R. 4428 will meet the requirement of main­ The bottom line, Mr. Chairman, is this: Too taining and enhancing our defenses. issue again. I am not talking about many programs are yielding too few results­ abandoning Europe and Japan. and at too high a cost. This is best exemplified Finally, I urge each Member to show reluc­ Rather, I do not believe our allies will by numerous cases of program duplication tance and restraint in randomly and radically not pull their own weight if we contin­ among the services. seeking to amend this bill. Historically, the De­ ue to do all the pulling for them. partment of Defense authorization bill has The Research and Development subcom­ been the vehicle for numerous amendments The House may this year have an mittee discovered during our hearings that unprecedented opportunity to pass a that literally clutter the issue of national secu­ there are currently 12 separate programs to rity and eventually raise the cost of defending strong, reasonable, risk reducing de­ develop a remotely piloted vehicle [RPV], fo­ fense bill. I hope we will do so. our Nation. I urge my colleagues to consider cusing on missions only slightly different from the long-term effect on the stability of our leg­ each other. We should develop one RPV D 1510 islative process before jumping to support design, then modify it to suit specialized mis­ amendments that radically alter H.R. 4428. Mr. WHITEHURST. Mr. Chairman, sions. H.R. 4288 deletes all funding for the I have no additional requests for time, most controversial of these programs and in­ I look forward to a lengthy and spirited and I yield back the balance of my sists on a master plan for the entire proposed debate during the next two weeks and want to family of RPV's. inform my colleagues of my willingness to dis­ time. cuss various defense issues with them during Another area of concern is the Navy's pro­ Mr. STRATTON. Mr. Chairman, I the upcoming debate. yield 5 minutes to the gentleman from posed advanced tactical aircraft [ATA] and Georgia CMr. DARDEN]. the Air Force's advanced tactical fighter Mr. STRATTON. Mr. Chairman, I [ATF]. Although the former has an air-to­ yield 5 minutes to the gentleman from Mr. DARDEN. Mr. Chairman, I rise today in ground mission and the latter an air-to-air mis­ Oklahoma CMr. McCuRDY]. strong support of H.R. 4428, the fiscal year sion, it seems logical that an airframe and Mr. McCURDY. Mr. Chairman, I 1987 Department of Defense Authorization Act. engine design suitable for both could be de­ rise in support of the committee bill as As a member of the Committee on Armed veloped in a single, less-costly effort. Our reported by the House Committee on Services, I want to compliment each of my committee strongly supports the ATF I AT A Armed Services, the authorizing com­ colleagues who serve on the committee for a memorandum of understanding by the Air mittee. I want to take a moment if I job well done. I specifically want to commend Force and Navy for the cross service utiliza­ may to commend the chairman and the chairman, the ranking minority member, tion of these two aircraft. the ranking minority member of the and the subcommittee chairmen who guided full committee for their direction and this bill through the committee. Continuation of ongoing research efforts which already show little or no hope of suc­ certainly their consideration and coop­ This bill represents a long, hard effort by our cess constitutes another drain on our defense eration with other members in the de­ committee. We began writing this legislation dollars. Certainly, all research carries the po­ liberations on this important piece of back in February, when hearings by subcom­ tential for some financial loss; the quest for legislation. mittees were held on virtually every element knowledge is one of trial and error, and those I would also like to commend, since I and concept proposed by the Department of errors have their cost. However, each ongoing see him here on the floor today, our Defense. We accepted outright most of the R&D project should be more closely moni­ colleague, the gentleman from Virgin­ DOD's requests, but we also made significant tored by Congress to ensure that it retains the ia CMr. WHITEHURST], who has always cuts in areas we believed not critical to the potential to counter-at a reasonable cost­ been, I think, one of the most ardent defense of our Nation. the threat which prompted its authorization. If and outspoken advocates of continuing I might also add that this bill has strong not, we should cut our losses and halt the to improve our readiness posture of bipartisan support in our committee. No mem­ program before valuable funds are wasted. our military personnel and our mili­ ber received everything he or she wanted, nor tary forces. It will be a sad day when Mr. Chairman, in this legislation, the Re­ he retires from this august body, and was any single member able to delete pro­ search and Development Subcommittee has we certainly appreciate his efforts and grams he or she opposed. This legislation is a addressed the critical problems our Nation is product of 4 7 Members of Congress coming his valuable input over the years. facing in the military research and develop­ I think to a large extent this bill re­ together to produce the best available product ment efforts. However, it is crucial that we for defending our Nation at an affordable cost. flects many of the concerns and provi­ recognize the problems we experience in re­ sions and direction that Mr. WHITE­ Mr. Chairman, most of my time was spent in search and development spring from the lack HURST has advocated, and that is, we service on the Subcommittee on Research and of a comprehensive, long-range policy at the attempted in this bill to establish for, Development. This subcommittee reviewed Pentagon. The Department of Defense re­ I think, one of the first times the rele­ more than 900 R&D programs, incorporating fuses to assign priorities among the multitude vant priorities of the defense budget almost 1, 700 major projects and thousands of R&D projects. and the defense policy, and that is, we more minor ones. The Research and Develop­ Without firm, long-range policies and prior­ tried to protect as best we could the ment Subcommittee recommended authoriza- ities from the Pentagon, Congress is forced to operations and maintenance accounts, August 4, 1986 CONGRESSIONAL RECORD-HOUSE 18903 those basic readiness issues, and the was an absolutely incredible piece of equal training per crew as compared personnel levels, with the intent of en­ legislation, one that took a tremen­ with $70.8 million for the C-5-B. suring that what hardware is there dous amount of time to develop. We Also, since I have had the privilege works, and what people are there are had a number of witnesses, and I of having an airlift base in my district, trained and qualified and prepared to think that the final product is certain­ and becoming familiar with the needs do their jobs. ly one of the most remarkable pieces of the Air Force and the Military Air­ The disappointment that I have had of legislation to come out of this body lift Command, we have found that the in the committee process, however, in some time. operational costs of the C-5 have con­ arose not from the establishment of I think that procurement reform tinued to increase, and the projec­ these priorities, but from the fact that package that came out of the procure­ tions, in all honesty, are extremely the Budget Committees and the ment panel, chaired by the gentleman high and I think they are going to put budget conference reported levels to from Massachusetts [Mr. MAVROULES], a continued crunch on our operations the committee that I think are incon­ is a good consensus document, one budget in the out years. sistent. The conference report gave us that addresses many of the concerns It is important that we go forward a budget authority, which is basically that we have in ensuring that we get with the modernization to increase the the sticker price on what the defense our money's worth out of our defense reliability and the maintainability and bill is, and an outlay figure which do dollars. the availability of airlift in the future, not match. The $292 billion budget au­ The other areas that need to be ad­ which I think is provided by the C-17. thority figure corresponds to the $279 dressed are in two priority areas for It has met the airlift fleet capabilities billion figure for outlays, that money myself. One is that of increasing our requirements of long range. It is an which actu~lly can be spent during the airlift capability. I notice my col­ oversized and bulk outsized cargo ca­ year. league, the gentleman from New pacity. It has on-off loading drive ca­ Now some people, our constituents Jersey CMr. COURTER], earlier made a pability. It can land in a small area, and people sitting at home, may comment about the C-17 and his oppo­ small airfield, which the C-5 is limited. wonder how in the world can you say sition to it. It can make aerial delivery, and it cer­ that we are only going to spend $279 The CHAIRMAN pro tempore PROTECTIONISM IS ENOUGH authorization levels consistent with committee is concerned about past congres­ The SPEAKER pro tempore. Under the budget resolution and should be sional efforts to earmark defense research a previous order of the House, the gen­ supported along with the remainder of and development funds for specific university tleman from Minnesota [Mr. FRENZEL] H.R. 4428. research and research facilities projects. Last is recognized for 60 minutes. Mr. DICKINSON. Mr. Chairman, I would like year about $65 million was specifically allocat­ Mr. FRENZEL. Mr. Speaker, on October 9, to commend our chairman, Mr. PRICE, and the ed to 1O universities. DOD and university offi­ 1985, I rose to urge my colleagues to vote other members of the Research and Develop­ cials vigorously oppose this practice on the against H.R. 1562, the Textile and Apparel ment Subcommittee for their efforts on this grounds that it threatens to weaken the effec­ Trade Enforcement Act of 1985, a bill that portion of the Defense authorization bill. We tive, efficient, merit-based means of allocating would institute drastic, unilateral rollbacks in were not given an easy task. The administra­ national research resources. The committee imports, I sought to emhasize that supporting tion requested $42 billion for research, devel­ strongly agrees with this view. The committee this draconian legislation meant agreeing once opment, test and evaluation, more than $8 bil­ urges all who are concerned with the future again to providing further relief to the most lion over last year's level. The committee bill health of our university research and training protected of our domestic industries at the ex­ recommends a $2 billion increase over last base to resist engaging in the practice of ear- pense of a wide range of other U.S. industries, 18906 CONGRESSIONAL RECORD-HOUSE August 4, 1986 as well as our national economic and strategic Following World War II, the domestic textile recognizes, imports are not the sole cause of interests. industry began facing stiff foreign competition textile ills. Two months later, the House again jumped from Japan with respect to cotton blouses, Notwithstanding this temporary setback, the at the opportunity to pass a modified, but velveteens, and ginghams. Moreover, chang­ push for relief continued unabated. equally objectionable, version of this legisla­ ing demand patterns, the emergence of indig­ In newspaper ads, the industry warned the tion. Because the President wisely vetoed it, enous textile industries in Latin America Nation about "[t]he influence of uncontrolled we are now faced with the final showdown on (which had been a traditional U.S. export textile imports on our economy." For those this bill. It has become even more apparent in market), and rising imports of manmade fibers, with doubts, the industry asserted that "[t]he the past year how harmful this legislation particularly rayon, became increasingly com­ continuing growth of foreign imports consti­ would be if enacted into law. I hope the petitive with cotton textiles. Not surprisingly, tutes a threat to the future of American jobs. House will support the President in his efforts efforts were undertaken to limit legitimate Today * * * textiles * * * face an immediate to maintain a trade policy that serves the import competition. problem as a result of these uncontrolled im­ Nation, not just special sectoral interests. Given its commitment to trade expansion ports." Unless the President prevails, we will not be under the GA TT and its publicly stated oppo­ Following pledges made during the 1960 able to move forward internationally to sition to the use of quantitative restrictions for Presidential campaign, President Kennedy an­ achieve agreements on market access, dis­ purely protective purposes, the U.S. Govern­ nounced a seven-point program of assistance pute settlement, intellectual property rights, ment initially was reluctant to use tariffs and for the textile industry. The President pro­ agriculture, and services. There will be no new quotas to limit imports. Instead, it considered posed, among other things, that a conference GA TT round of multilateral trade negotiations. other alternatives to assist the domestic textile between exporters and importers of cotton Progress and fair competition will be sacrificed industry. Japan, whose entrance into the textile products be convened to find a way to to the insatiable demands of the textile indus­ GA TT had been facilitated by the United encourage trade without causing undue dis­ try, an industry whose overall profits rose by States, provided a temporary answer in 1955 ruption to the established industries of the im­ more than 100 percent in the second quarter by instituting a series of internal restrictions on porting countries. As a result of this initiative, of 1986. exports of certain cotton products. premised on the assumption that these indus­ For nearly two centuries, the Congress has Throughout the mid-1950's, calls for new tries should be accorded special treatment, sought to sate the protectionist appetite of the policies to deal with foreign competition in­ two forerunners to the MFA were negotiated: domestic textile and apparel industries. As a creased. In April 1955, for example, the cotton the Short-Term Arrangement Regarding Inter­ result, according to a recent study released by textile industry urged the Senate to block pro­ national Trade in Cotton Textiles [STA] in the Institute for International Economics, con­ posed ta"riff cuts on textile products. These 1961 and the Long-Term Arrangement Re­ sumers now pay an additional $27 billion per amendments alone, it was nonetheless garding International Trade in Cotton Textiles year to protect the domestic industries. This claimed, "wouldn't give the protection we will [LTA] in 1962. bill is likely to add at least an additional $9 bil­ need in the future." High tariffs apparently These two arrangements established the lion to this hidden price tag in the next 2 years were not enough; quantitative restrictions right of importing countries to negotiate re­ alone. Before we rush to saddle the consum­ were needed to protect the domestic indus­ strictions on low-cost cotton textile imports. ers of this country with such a burden, I tries from "imminent" collapse. Perhaps not surprisingly, the Board of Direc­ thought my colleagues would welcome a In 1956, Congress gave the President the tors of the American Textile Manufacturers In­ review of prior efforts to protect these indus­ authority to negotiate limits with exporting stitute described the ST A as merely a "first tries from legitimate foreign competition. countries, as well as to take unilateral action, step toward a solution" and called for the In 1816, when the U.S. tariff schedules in order to further limit textile and apparel im­ future inclusion of wool, silk, and manmade were substantially rewritten for the very first ports. In connection with the passage of this fibers in the agreement and tough administra­ time, the domestic cotton textile industry in legislation, in a theme we hear yet today, Sen­ tion of the pact. New England obtained special protection from ator Payne (of Maine) stated: The Kennedy administration remained reluc­ imports: a 25-percent duty applied to expen­ The textile industry does not seek favors. tant to expand the protection afforded the do­ sive cotton imports, coupled with a "minimum But does ask, Mr. President, that the addi­ mestic industry. Warren Christopher, chairman valuation provision" applied to cheaper im­ tional burden of ever-increasing imports not of the U.S. delegation that negotiated the ports. Thus began the long and consistent his­ be added to its other troubles. The industry STA, stated in a letter to the New York Times tory of unparalleled import protection for the seeks a chance to adjust, to work out its on November 20, 1961 (in words still relevant domestic textile and apparel industries. problems, so that once again it can stand today): strong against all competition from what- Through this ongoing process, "temporary" ever source. The textile industry is not threatened by assistance has been transformed into perma­ extinction • • •. nent, institutionalized protection. Early in 1957, Japan, once again under The policy of the Administration is . . . to The modern origins of the existing U.S. reg­ pressure, agreed to restrain exports "voluntar­ help the textile industry to modernize and ulatory system limiting trade in textiles and ap­ ily" to the United States. That same year, Italy adjust to foreign competition • • •. also announced that it would restrain its ex­ The future of the United States lies in parel can be traced to the 1930's. Under the producing and selling the goods it makes Smoot-Hawley Act, Congress raised tariffs ports of velveteen to the United States to a specific level. Both the Japanese and Italian best.... Competition from abroad ... will substantially on imported products, including constantly compel United States producers textiles and apparel. Other nations responded restrictions went into effect without a finding to innovate in design and advanced produc­ in kind by raising their own barriers to imports of injury as required under United States law. tion methods. This, not protection, is the of U.S. products. I need not remind my col­ Although exports from Japan declined, im­ path of progress. leagues of the consequences of those ac­ ports from Korea, Taiwan, and Hong Kong in­ Under the LT A, the United States negotiat­ creased. As a result, the domestic textile in­ tions. ed bilateral cotton textile and apparel restraint Later in the decade, the U.S. Tariff Commis­ dustry continued to press for additional, more agreements with 31 leading exporting coun­ sion investigated the impact of rising Japa­ far-reaching import restrictions. tries and unilaterally imposed limits on imports nese cotton cloth imports. Eventually, trade Late in 1960, the Inter-Agency Committee from countries with which it had not negotiat­ associations from the United States and o.n Textile Problems issued a report, rejecting ed such comprehensive agreements. Notwith­ Japan entered into a 2-year "gentleman's the industry's requests for more quotas: standing the scope of protection afforded by agreement" (subsequently extended through The imposition of textile quotas would be these bilateral agreements, they were dis­ 1940) whereby Japan "voluntarily" limited its a far-reaching departure from our foreign missed by the domestic industries as one­ trade policy of the last 25 years. It is consid­ sided. export shipments to the United States market. ered that import restrictions should be im­ (Since then, of course, such "voluntary" posed on individual products only when the Not surprisingly, throughout the 1960's, fur­ agreements have become a common arrow in detailed facts of the situation show clearly ther industry efforts to restrict imports contin­ the protectionist quiver, having been used re­ that they are required to safeguard the do­ ued. As the 1968 Presidential election neared, cently to restrict other products such as steel mestic producers of specific products. As the new opportunities to capitalize on the political and autos.) [Pastore Subcommittee] report so clearly process were pursued by the domestic textile August 4, 1986 CONGRESSIONAL RECORD-HOUSE 18907 industry. Late in 1967, shortly after the Kenne­ Throughout this period, the administration and extend their remarks and include dy Round textile tariff cuts had been agreed also took significant steps to improve the extraneous material:) upon, legislation was introduced to mandate technical administration of the textile quota Mr. FRENZEL, for 60 minutes, today. quotas on textile and apparel products of all program. It made substantial new investments Mr. FRENZEL, for 60 minutes, on fibers. in computer technology and training, enabling August 5. In 1968, Presidential candidate Richard it to track the flow of imports more quickly and Mr. LEAcH of Iowa, for 60 minutes, Nixon made a campaign promise to "promptly accurately. It revised import documentation re­ on August 7. take the steps necessary to extend the con­ quirements to make it easier to correlate ing the month in which the officer becomes Lum.mi Indian Business Council, Bellingham, with appropriated or nonappropriated funds 67 years of age.". WA, relative to the imposition of Federal for resale on a military installation located (b) CONFORMING AMENDMENTS.- income taxes on tribal commercial fisher­ in a State shall be procured in the State in (1) Section 1251(a) of such title is amend­ men; to the Committee on Ways and Means. which the installation is located. If a mili­ ed by inserting "a medical officer or" after tary installation is located in more than one "other than". State, procurement of alcoholic beverages <2> Chapter 36 of such title is amended AMENDMENTS may be made in any State in which the in­ by inserting after section 636 the following Under clause 6 of rule XXIII, pro­ stallation is located. new section: "(b) In this section, the term 'State' posed amendments were submitted as "§ 636a. Exception to mandatory retirement for means each of the several States and the medical officers follows: District of Columbia.". H.R. 4428 Page 78, after line 11 insert the following "Sections 633, 634, 635, and 636 of this By Mr. COURTER: new subsection (and redesignate the suc­ title do not apply to medical officers.". [20]-Page 81, after line 17, insert the fol­ ceeding subsection accordingly): The table of sections at the beginning lowing new subsection : the 1951 Amendments to the Universal Mili­ ed by adding at the end the following new (b) WAIVER AUTHORITY.-0) The Secre­ tary Training Service Act <50 U.S.C. App. item: tary of Defense may waive subsection in 473) is amended by striking out "section "636a. Exception to mandatory retirement a particular circumstances if the Secretary 2683(c)" and inserting in lieu thereof "sec­ for medical officers.". determines that implementation of such tions 2683(c) and 2488". By Mr. WHITEHURST: subsection in the circumstance involved Page 78, in the matter following line 14 [23]-At the end of title X of division A would endanger United States Armed strike out the item relating to section 2488 (page 239, after line 5), add the following Forces by causing a failure of necessary and insert in lieu thereof the following: new section: supply of petroleum products. " 2488. Sale of alcoholic beverages on mili- SEC. 1033. REIMBURSEMENT FOR INCIDENTAL EX­ (2) If the Secretary makes such a determi­ tary installations.". PENSES INCURRED WHILE PROVIDING nation, the Secretary shall notify Congress [22]-At the appropriate place in title V VOLUNTARY SERVICES. of such determination, and the reasons for (personnel policy) insert the following new Section 1588 of title 10, United States such determination, not later than 30 days section: Code, is amended by adding at the end the after the date of any purchase of petroleum SEC. . EXTENSION OF MANDATORY RETIREMENT following new subsection: products authorized by such waiver. AGE FOR MEDICAL OFFICERS. " Cc> The Secretary of the military depart­ By Mr. ROBINSON: (a) GENERAL RULE.-Section 125i of title ment concerned may provide for reimburse­ [21]-Page 77, strike out lines 1 through 25 10, United States Code, is amended by ment of incidental expenses which are in­ and insert in lieu thereof the following: adding at the end the following new subsec­ curred by a person providing voluntary serv­ "§ 2488. Sale of alcoholic beverages on military tion: ices under subsection as an ombudsman installations " Cc> Unless retired or separated earlier, or for a family service center program. Such "(a) The Secretary of Defense shall pro­ each regular officer of the Army, Navy, or Secretary shall determine which expenses vide that alcoholic beverages procured by Air Force who is a medical officer shall be are eligible for reimbursement under this the Department of Defense