January 30, 1991 CONGRESSIONAL RECORD-HOUSE 2555 HOUSE OF REPRESENTATIVES-Wednesday, January 30, 1991 The House met at 2 p.m. traveling. Both business and rec environmental terrorism, and threat The Chaplain, Rev. James David reational travelers all over the world ened the use of chemical, biological, Ford, D.D., offered the following pray are opting to stay close to home. and nuclear weapons. er: However, we can't let this turn of We respect the right of free speech. With all our hearts, gracious God, we events allow us to lose sight of the tre We respect the right of dissent. In his pray for those who must meet the test mendous contributions that travel and own country, Saddam Hussein has si of battle and know the ordeal of con tourism make to our economy. Tour lenced dissent with brutal force. Since flict. May Your boundless grace, so new ism means jobs in every congressional the initial courageous days of report every morning, be with them this day district and tax revenue for our Fed ing from Baghdad by Bernard Shaw, eral, State, and local treasuries. For and every day. John Holliman, and Peter Arnett, the 0 God, whose love breaks down the eign visitor spending helps our inter barriers that separate people from national balance of payments. reporting from Baghdad has not been other people, look with compassion on In 1990, travel and tourism was our free. Though not by his own wishes, the whole human family. Forgive our Nation's largest retail industry and the Peter Arnett has been reduced to being mistakes and any arrogance of our second largest private employer in the the Joseph Goebbels of Saddam Hus hearts and lift our sight to see Your United States, generating nearly 6 mil sein's Hitler-like regime. heavenly vision-where people honor lion jobs and indirectly employing an To compare Arnett's censorship by each other and peace is our common other 2.46 million Americans. Tourism Iraq to allied censorship to protect our treasure. This we pray. Amen. is an essential American export, as forces is to make a moral equivalence over 38 million foreign travelers spend of our Government and Saddam Hus approximately $44 billion annually in sein. I cannot believe any American THE JOURNAL the United States. truly thinks our Government is evilly The SPEAKER. The Chair has exam I am pleased to introduce the 1991 injuring innocent civilians. ined the Journal of the last day's pro National Tourism Week resolution The risk to our men and women, and ceedings and announces to the House today designating the second week in the danger of the fanatics who actually his approval thereof. May as National Tourism Week. I urge believe Saddam Hussein, urgently sug Pursuant to clause 1, rule I, the Jour my colleagues to join me in cosponsor gest that the yoice of Baghdad be more nal stands approved. ing this resolution. carefully aired.
PLEDGE OF ALLEGIANCE CNN'S COVERAGE FROM BAGHDAD The SPEAKER. Will the gentleman IS SADDAM'S PROPAGANDA 0 1410 from Oklahoma [Mr. INHOFE] please (Mr. COUGHLIN asked and was given come forward and lead the House in the permission to address the House for 1 BIG OIL COMPANIES PARTY ALL Pledge of Allegiance. minute and to revise and extend his re NIGHT LONG Mr. INHOFE led the Pledge of Alle marks.) (Mr. TRAFICANT asked and was giance as follows: Mr. COUGHLIN. Mr. Speaker, CNN's given permission to address the House I pledge allegiance to the Flag of the coverage of Peter Arnett being used as a propaganda tool by Iraqi dictator for 1 minute and to revise and extend United States of America, and to the Repub his remarks.) lic for which it stands, one nation under God, Saddam Hussein is disgusting if not indivisible, with liberty and justice for all. treasonous. Mr. TRAFICANT. Mr. Speaker, the We and our allies are engaged in a big oil companies of America partied conflict in the Persian Gulf in support all night long. It is not hard to figure INTRODUCTION OF 1991 NATIONAL of resolutions adopted by the United out why. Yesterday the President said TOURISM WEEK RESOLUTION Nations. On our part, that use of force he wants a capital gains tax cut. (Mr. TALLON asked and was given was requested by the elected President Now, let us take a look at this. Tex permission to address the House for 1 of the United States and authorized by aco's profits are up 110 percent. Chev minute and to revise and extend his re the elected Congress of the United ron is up 113 percent. Amoco, 150 per marks.) States. cent. Phillips, 265 percent. Unical, 500 Mr. TALLON. Mr. Speaker, every Saddam Hussein's propaganda pur percent increase in profits. year, since 1983, National Tourism poses are clear: First, to turn U.S. pub Would you want a capital gains tax Week has become one of our Nation's lic opinion against the war effort; sec cut? Absolutely. most popular commemorative weeks. ond, to inflame Arab-Israeli tensions, But you can bet one thing, and this is Thousands of Americans in every State and third, to disrupt the coalition, in what frosts me. You could bet the life and territory participate in exciting cluding almost every nation in the of your sons and daughters that the events and tourism conferences. Gov world, arrayed against him. sons and daughters of these big oil bar ernors in many States issue proclama To aid and abet in that effort is actu ons of America are not in the gulf tions recognizing the importance of ally posing additional danger to the fighting. It seems that the working tourism in their States. Media atten lives of U.S. servicemen and service people do the fighting and the rich get tion, both television and print, has women. That is to say nothing of aid a tax break. been tremendous and increases every ing a fanatic who has invaded, raped, Before we go plea bargaining with year focusing more attention on tour and plundered an innocent neighbor, ism. aimed missiles indiscriminately Saddam Hussein, we better take a look This year, however, tourism is get against innocent civilians in both com at the statistics and numbers, and I say ting a different kind of attention. With batant and noncombatant countries, we should put a windfall profit tax on the war in the gulf, we can't help but brutalized prisoners of war in violation these oil barons, not give them a tax be concerned about our safety while of the Geneva Convention, conducted break.
DThis symbol represents the time of day during the House proceedings, e.g., 01407 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. 2556 CONGRESSIONAL RECORD-HOUSE January 30, 1991 DON'T LET SADDAM OFF THE but we should do it according to our where, who oppose Operation Desert HOOK own schedule and not under Saddam Storm as "noble souls." And to those (Mr. BROOMFIELD asked and was Hussein's timetable. noble souls he said, Iraq is grateful. given permission to address the House Given Saddam's track record on for 1 minute and to revise and extend human rights, terrorism, and inter AN UNPRECEDENTED SURGE OF national relations generally, all but his remarks.) PATRIOTISM IN OUR YOUTH Mr. BROOMFIELD. Mr. Speaker, the most hard-core protesters are like there seems to be some confusion over (Mr. INHOFE asked and was given ly to be discomforted at the thought of the details of yesterday's communique permission to address the House for 1 fitting his definition of nobility. by the United States and the Soviet minute and to revise and extend his re Frankly, the vast majority of Ameri Union on the situation in the Persian marks.) can&--who support Desert Storm-have Gulf. Mr. INHOFE. Mr. Speaker, when a no compunctions about being an af But whatever the details, one thing crisis surfaces, it is often accompanied front to Saddam's sensibilities. He did should be clear. Saddam Hussein can by an unanticipated greatness in char not earn the nickname, "Butcher of not be allowed to profit from his mur acter. Or as Paul said in Romans 5, Baghdad," because he is a peacemaker. derous invasion of Kuwait or allowed "suffering produces perseverance and The real nobility, Mr. Speaker, is to escape the consequences of his many perserverance produces character." We being demonstrated day after day by war crimes. are observing a growth in American our allied forces, all of them together We have got to show Saddam, and character today as evidence by a surge over in Saudi Arabia. And President any other tyrants with similar designs, of patriotism unprecedented since Bush paid our soldiers, sailors, airmen, that they cannot assault and pillage World War II. marines, and Coast Guardsmen appro smaller countries and expect to get And it is most prominent where you priate tribute last night during the away with it. would least expect it, in our youth. In State of the Union Message, which you Let us not lose sight of one impor the midst of an environment of na all stood and applauded, and I applaud tant reason we are engaged in this con tional disrespect, flag burning, anti you all for it; because all of us, every flict. We need to develop a new world Christian behavior, .and immorality, single American, ought to be standing order that rests on the rule of law. young America has emerged waiving side by side making the same commit That means tyrants who scoff at the old glory with an enthusiasm under ment that our troops are making over law can count on being brought to jus stood by few parents. seas. Let us stand behind them. tice. The decades of the 1960's and 1970's were plagued by a fashionable dis regard for the fundamental institutions ADMINISTRATION'S OVERTURE TO our forefathers revered. The Jane RESIGNATION AS MEMBER OF SADDAM HUSSEIN IS INAPPRO Fondas and the Angela Davises cap COMMITTEE ON THE BUDGET PRIATE tured the hearts of political leaders The SPEAKER pro tempo re (Mr. (Mr. RAY asked and was given per and squeezed the last drops of decency HOYER) laid before the House the fol mission to address the House for 1 and national respect from our Amer lowing resignation as a member of the minute and to revise and extend his re ican fiber. Committee on the Budget: marks.) But those born in the midst of this HOUSE OF REPRESENTATIVES, Mr. RAY. Mr. Speaker, I rise today to moral decay have rejected it emphati Washington, DC, January 29, 1991. respond to the joint statement made cally and have provided an example for Hon. THOMAS s. FOLEY, Tuesday by the United States State all mature Americans to emulate. Speaker, U.S. House of Representatives, The But look at what happened in Tulsa, Capitol, Washington, DC. Department and the Soviet Union DEAR MR. SPEAKER: Due to my increased which states that the fighting in the OK, last Saturday, a red, white, and blue ocean of high school students as responsibilities on the House Appropriations Persian Gulf could end immediately if Committee, I herewith tender my resigna Iraq promises to withdraw from Ku far as the eye could see. And how did it tion as a member of the Committee on the wait. It also linked a resolution of the happen? One 16-year-old student, Eric Budget and request its acceptance as soon as war with a promise to quickly address Wolking, thought his generation had a possible under the rules of the House. the Palestinian-Israeli issue. message to deliver, and he delivered it. Sincerely, I believe that this overture to Sad The teen-aged army walked for miles DEAN A. GALLO, dam Hussein is inappropriate and on that cold Saturday morning shout Member of Congress. smacks of a "peace at any cost" theme. ing, '"USA, support our troops. Amer The SPEAKER pro tempore. Without It is appropriate for us to pray for the ica, we love you." objection, the resignation is accepted. end of hostilities. I do not believe that Just a kid, some people will say, and There was no objection. we should allow Saddam Hussein to I guess that is right. But a kid who continue as the leader of Iraq. Saddam wanted to deliver a message to half a Hussein has a consistent record of million brave Americans in the Middle East. But equally significant is the ELECTION OF MEMBER TO proof that he is not fit to rule Iraq. If COMMITTEE ON THE BUDGET he is allowed to continue as a ruthless message he sent to the rest of America. dictator under any circumstances, we God bless you, Eric Wolking, and Mr. MICHEL. Mr. Speaker, I offer a will soon have to deal with him again your whole screaming army of teen privileged resolution (H. Res. 49) and after he has rebuilt his defenses and aged patriots. We hear you loud and ask for its immediate consideration. weapons stockpile. Any resolution of clear. The Clerk read the resolution, as fol the war must demand that he answer lows: to war crimes charges. H. RES. 49 In addition, Mr. Speaker, I do not be REAL NOBILITY IS IN OUR ALLIED FORCES IN THE GULF Resolved, That the following named Mem lieve that we should link the Palestin ber be, and is hereby elected to the following ian question to our discussion on (Mr. SOLOMON asked and was given standing committee of the House of Rep peace. Saddam Hussein is using this permission to address the House for 1 resentatives to rank behind Mr. Miller of issue as a ploy to disrupt our coalition minute and to revise and extend his re Washington. and we should not bow to his pressure marks.) Committee on the Budget Mr. Kolbe of Ari- to address this matter. Mr. SOLOMON. Mr. Speaker, when zona. America can play a key role in re Saddam Hussein was interviewed on The resolution was agreed to. solving this important issue in the fu CNN the other evening he referred to A motion to reconsider was laid on ture, and this should be on the agenda, those people, in America and else- the table. January 30, 1991 CONGRESSIONAL RECORD-HOUSE 2557 D 1420 We should be more than a little sus Mr. Speaker, those men and women picious. who are sacrificing as volunteers to PERSIAN GULF: THE MAIL MUST protect independence and freedom GO THROUGH around the globe deserve our utmost (Mr. HARRIS asked and was given PLANNED INTRODUCTION OF THE respect and appreciation. permission to address the House for 1 FREEDOM FROM WANT ACT Scripture says, "Greater love hath no minute and to revise and extend his re (Mr. HALL of Ohio asked and was man than to lay down his life for an marks.) given permission to address the House other." And they have volunteered to Mr. HARRIS. Mr. Speaker, last night for 1 minute and to revise and extend do that. all of us, including the President, ap his remarks.) This morning in the Washington Post plauded our troops in the Persian Gulf Mr. HALL of Ohio. Mr. Speaker, the distinguished majority leader is for their efforts and sacrifices. President Bush came back to the Cap quoted as saying last night: Day after day we speak of our pride i tol this morning, to attend a cere Not many kids whose families earn more in them and pledge to support their ef mony on the 50th anniversary of FDR's than $200,000 a year volunteer to the Army. It is mostly the poor who do the fighting and forts in every way-the most sophisti famous "Four Freedom's" speech. dying. · cated weapons, the best logistics, the The four freedoms are simple: free most comprehensive medical facilities. dom from fear; freedom of expression; Mr. Speaker, that is unwarranted, But, Mr. Speaker, we are failing freedom of religion. that is inappropriate. You ,. should these troops in the most fundamental And the final one: freedom from apologize to those fine technicians who way. We cannot get the mail delivered want. As chairman of the Select Com are maintaining the sophisticated to them. mittee on Hunger, I feel very strongly equipment, not only the pilots, not My State has one of the highest num about freedom from want. only the mechanics, but everyone in bers of National Guard units and re But 50 years later, Mr. Speaker, too volved who have dedicated their lives servists in the gulf of any State and many people are still hungry, too many to serving in this noble cause. their families are letting me know that Don't ridicule them, don't look down people still want, and too little is done at them because they do not get a Sen this problem is not an isolated one and for them. Millions of Americans are is continuing even today. poor-many are homeless-locked in a ator's salary. Don't impugn their worth You can imagine the effect this has by such references that somehow or an cycle of poverty by the very programs other they chose to serve their country on the morale of those men and women designed to help them. Every year, separated from home and family. We as a last resort. 40,000 American children die before They are America's finest. ask them to risk life and limb for us, their first birthday. Every day 40,000 but we cannot even deliver a message Third World children die unnecessarily. from home to say "Thanks, we are re For these people, there is no freedom MY VISION: MAKE AMERICA A membering you.'' from want. BETTER PLACE TO LIVE FOR Someone has a misplaced sense of Soon I will be introducing the Free OUR CHILDREN priorities if they cannot find a way to dom From Want Act, to secure real correct this problem immediately. Mr. (Mr. SARPALIUS asked and was freedom for needy people here in Amer given permission to address the House Speaker, I call upon Secretary Cheney ica and around the world. and General Powell to take whatever for 1 minute and to revise and extend Freedom from want means that no his remarks.) action is necessary to ensure this prob child eligible for the WIC Program will lem is corrected. Mr. SARPALIUS. Mr. Speaker, to be be turned away. It means that hungry a great leader you must have a vision The mail must be delivered in a time American children can get a nutritious ly manner. of the future. To be a great legislator diet. It means that low-income citizens you must have a vision of the future. can work or accumulate assets without It is our hope that as Members of the jeopardizing their eligibility status. It Legislature, as Members of Congress, WE SHOULD BE A LITTLE MORE means that famine barons of Third we can make this country a better THAN SUSPICIOUS World won't be able to use hunger as a place to live for our children than what (Mr. WALKER asked and was given weapon of war. Freedom from want we see today. permission to address the House for 1 means assuring the basic right to food There is no question that one of the minute.) for all people. reasons our soldiers are overseas in the Mr. WALKER. Mr. Speaker, if some Mr. Speaker, let us use this anniver Persian Gulf is because of the lack of one told me that he felt that every sary to get serious about guaranteeing vision toward an energy policy for this thing I did as Congressman was wrong real freedom from want to hungry, country. Last night we heard the Presi but he was my supporter, my guess is I needy people around the world. dent make a commitment to work with would be a little suspicious. this body to look at expanding alter If someone told me he hated every ALL WHO SERVE IN THE PERSIAN native fuels, moving toward production thing I stood for but he was my sup GULF ARE AMERICA'S FINEST of solar energy, wind energy, ethanol, porter, I would be a little more sus methanol, and superconductive energy. picious. (Mr. McEWEN asked and was given We have some of the brightest minds And if that same someone told me he permission to address the House for 1 in the world right here in this country. had always voted for my opponents but minute and to revise and extend his re With the investments that we have he was my supporter, I would get quite marks.) made in the superconducting super suspicious. Mr. McEWEN. Mr. Speaker, I re collider, we will be able to develop a Yet that is the kind of thing we are cently called the office of my physician battery about 1-foot square to provide hearing regarding our troops. in Hillsboro, OH, Paul Terrell. The an enough energy to operate an auto We have people who refuse to support swering machine said: mobile, one a little larger to provide the mission in the Middle East but say The office is closed. Dr. Terrell is on active enough energy to fuel and take care of they support the troops. We have peo duty for 1 year in the U.S. Air Force. our homes. ple wno say they do not agree with the Also his wife, a nurse, is in the Mid Ethanol, methanol will create jobs, choice of profession by our soldiers but dle East, the mother of his children. create jobs, create alternative source they support the troops. We even have The children are with their aunts and of income for our farmers throughout people who march beside folks who are uncles, and his wife, a licensed Meth this country. calling for an Iraqi victory but claim odist minister and nurse, is wearing Mr. Speaker, I challenge my col to support the troops. the uniform of our country. leagues to work aggressively toward a 2558 CONGRESSIONAL RECORD-HOUSE January 30, 1991 vision in the production of these alter this special group of men and women ordered way to mistreat our prisoners of war, native fuels to help make this country to battle. and brutally parade their bruised bod a better place to live for our children. Given under my hand and seal of the City ies before the world. of River Falls this 22nd day of January, 1991. In 1972, Iraq participated in and Mr. Speaker, a similar copy of this signed an international agreement THE SAGA OF A FLAGSAVER resolution has been forwarded to the which called for the prohibition of the (Mr. JAMES asked and was given President. I would encourage each com development, production, or stock permission to address the House for 1 munity to pass a resolution like this, piling of biological weapons. minute and to revise and extend his re and I would encourage each of my col And each nation which signed the marks.) leagues to make all these resolutions treaty promised to destroy any biologi Mr. JAMES. Mr. Speaker, 2 weeks of cities and villages in support of our cal weapons in their arsenal within 9 ago, while driving home, Bill Smith, of troops a part of our CONGRESSIONAL months. Orange Park, FL, saw three teenagers RECORD. And in 1977, Iraq participated in and burning an American flag. Instinc signed an international agreement tively, he could not tolerate this bla TIME FOR RTC TO GET TO WORK which prohibited the use of "hostile en tant display of disrespect, and ran to AND STOP LOOKING FOR HAND vironmental modification techniques stop it. One of the teenagers, seeing OUTS by the military.'' Mr. Smith approach, pulled out an Under this treaty, Iraq agreed not to electric stun gun and attacked him. (Mr. ANNUNZIO asked and was given use their military to harm the environ Despite this, Mr. Smith was able to permission to address the House for 1 ment in any way which would have stop the desecration of our flag. minute and to revise and extend his re widespread, longlasting, or severe ef I have been touched by this act of pa marks.) fects. triotism. Mr. Smith's act reminds us Mr. ANNUNZIO. Mr. Speaker, the A man of his word, Mr. Speaker? that for many Americans, the flag rep Resolution Trust Corporation [RTC] is Saddam Hussein is a man of lies! resents the Nation. building a $141 billion empire, and the And he will be held accountable for The young people who burned the administration wants the taxpayers to his war crimes as well as for his crimes flag may have intended to express a po pick up the tab. against the environment. litical view, but in fact they simply In 1989, the administration repeat provoked Mr. Smith and others who edly assured Congress that only $50 bil fought and died-and are dying today lion would be needed to sell the assets of insolvent S&L's. Now. the Treasury THREE WAYS TO SHOW SUPPORT to keep it free. Mr. Speaker, it is time FOR OUR TROOPS that the Constitution of the United says it needs another $77 billion just to States recognized the unique place that get through this year. (Mr. APPLEGATE asked and was the flag has in our hearts. Mr. Speaker, it is outrageous that given permission to address the House This country needs citizens who take the RTC is asking for more taxpayer for 1 minute.) pride in their flag, and as long as we money, especially while the RTC is fo Mr. APPLEGATE. Earlier, Mr. have patriotic citizens, this issue will cusing more on holding assets than Speaker, one of my colleagues said not go away. selling them. that there are many ways to show sup Contrary to popular belief, nearly port for the troops, and he read a reso- two-thirds of RTC's assets are perform 1u tion from one of his communities. I 0 1430 ing and readily marketable. As of last have a couple of ideas. PROCLAMATION SUPPORTING U.S. October, delinquent loans made up only Mr. Speaker, protesters have a con TROOPS 14 percent of RTC's $141 billion asset stitutional right to get out and protest portfolio, and real estate made up only and say whatever they want, but prot (Mr. GUNDERSON asked and was 12 percent. estations have a way of demoralizing given permission to address the House On the other hand, $92 billion of the the troops, and I do not like it. But the for 1 minute and to revise and extend RTC's assets consisted of performing one thing I do not like that they do is his remarks and include extraneous loans, cash, and marketable securities. to burn the flag of the United States. I matter.) Instead of selling these assets, the RTC think that is reprehensible. That is not Mr. GUNDERSON. Mr. Speaker and wants the taxpayers to pay $77 billion free speech. We should respect it, fly Members, many individuals in commu to hold them and gather new ones. the flag and show some of our patriot nities across this country have chosen Enough is enough. It is time for the ism that we say we have. different ways to express their support RTC to feed itself by selling its assets The next idea I have is: buy U.S. for the men and women on behalf of us rather than turning to the taxpayers products, products made in the United in the gulf, however I was particularly for another handout. States by Americans. The United moved last Friday by receiving the fol States is paying for most of this war, lowing proclamation, which I would both in money and in lives, and it is like to share with my colleagues. SADDAM HUSSEIN-NOT A MAN OF going to benefit mostly Europe and PROCLAMATION SUPPORTING U.S. TROOPS HIS WORD BUT A MAN OF LIES Southeast Asia whose products are Whereas, the United States of America (Mr. CONTE asked and was given per coming into this country free. Congress has approved sending American mission to address the House for 1 Last, I would like to suggest that one troops into battle in the Mideast; and minute.) thing we can all do is to give blood to Whereas, the support of an understanding and informed citizenry is vital to the morale Mr. CONTE. Mr. Speaker, it strikes the troops. The Members of this House and well-being of the troops that have been me as strange every time I hear a re of Representatives and the U.S. Senate sent into battle; and port which says that Saddam Hussein could give their blood. I say to my col Whereas. the efficiency of the qualified and follows through on his word. leagues, "It is the life fluid that you dedicated personnel being called upon to per The 1925 Geneva treaty, signed by can get back in a short period of time haps give the ultimate sacrifice is materially Iraq, explicitly prohibits the use of and give again." influenced by the people's attitude and un chemical weapons and poisonous gas as Mr. Speaker, the Rayburn nurses sta derstanding of the importance of their mis a means of waging warfare. And for tion is going to be open Thursday and sion; Now. therefore, be it years, Saddam Hussein has used chemi Friday, and all my colleagues can go Resolved, That I, Duane Pederson, Mayor of the City of River Falls, do hereby proclaim cal weapons against Iran. down and give all the blood they want. that the City of River Falls supports the The 1949 Geneva protocols demand I am going to be giving my gift of life troops in the Mideast conflict, and I call the humane treatment of prisoners of for the troops, and I am asking my col upon all citizens to show their support to war. Yet, Saddam has gone out of his leagues to give theirs. There is nothing January 30, 1991 CONGRESSIONAL RECORD-HOUSE 2559 that is more precious than that. There Mr. MINETA. Mr. Speaker, the de They do seemingly have a sense of is no greater support. pendence of the United States on for fairness, and professional integrity eign sources of oil is holding the Amer however. On the inside they give the ican ecpnomy hostage to international photo credit to Iraqi TV, sometimes PERSONAL EXPLANATION instability. known as Saddam Hussein. Mr. THOMAS of Wyoming. Mr. When Iraq invaded Kuwait last Au Mr. Speaker, I just ask them in their Speaker, unfortunately, because I was gust, the price Americans paid for oil board rooms, if not in their editorial in another part of the Capitol at a shot up to $40 a barrel even though rooms, to use a little common sense meeting with the Wyoming Hospital there was a glut of oil in the world. and have a little heart. These are not Association, I missed voting on the Just 2 weeks ago, after military force pieces of hamburger. These are Amer bills H.R. 555, to amend the Soldier's was launched against Iraq, oil prices ican fighting men doing the very best and Sailors' Civil Relief Act of 1940, jumped back up to nearly $40 a barrel they can under incredibly difficult cir and H.R. 556, to provide for the Sec again without a shortage. cumstances. retary of Veterans Affairs to obtain But what will happen next? independent review regarding associa What will happen if there is a short tions between diseases and exposure to age? ARAB-AMERICANS UNFAIRLY TAR agent orange compounds. Had I been Mr. Speaker, Congress needs to act GETED BY FEDERAL AUTHORI present, I would have strongly sup and act now. TIES ported these bills and voted "yes" on Last night in his State of the Union (Mr. TORRICELLI asked and was both. address, the President called for a na given permission to address the House tional energy policy. for 1 minute.) Today, I am reintroducing the Emer Mr. TORRICELLI. Mr. Speaker, a WE NEED AN ENERGY STRATEGY gency Oil Market Stability Act to act year ago this Congress made a painful (Mr. RITTER asked and was given as the circuit breaker the country admission. In the days following the permission to address the House for 1 needs as part of that national energy commencement of the Second World minute and to revise and extend his re policy. War, Americans of Japanese ancestry marks.) Mr. Speaker, I hope Congress will were questioned. Their loyalty to Mr. RITTER. Mr. Speaker, we heard send this legislation to the President America was put at issue. We recog a few Members get up in the last sev as soon as possible, to give the Amer nized that wrong. eral days and talk about energy policy. ican people the protection they need Now, as America goes to war again, Mr. Speaker, mostly they are talking until the United States ends it addic across this country agents of the Fed about sources of energy which make tion to oil. eral Government are visiting other relatively small contributions to the Americans, not because of their views, total energy pie. They are not about to not because of associations with dan substitute for all of this oil we are im OUTRAGE EXPRESSED AT MEDIA'S gerous elements, or their knowledge of porting from the Middle East. TREATMENT OF U.S. POW'S foreign governments but because of However, Mr. Speaker, I must say (Mr. MARTIN asked and was given their ancestry, because indeed they or they talk about taxpayer-funded sub permission to address the House for 1 those before them came from Arab na sidies to some of these more arcane minute, and to revise and extend his tions. technologies, moving them well past remarks.) Mr. Speaker, the great tragedy is R&D subsidies and subsidies taking Mr. MARTIN. Mr. Speaker, 8 days that as America goes to war, the first them into the marketplace. At the ago I was granted permission to ad victims could become Americans, same time these are the same people, dress the House for 1 minute, and on Arab-Americans. I ask the administra these people crying for energy policy, that occasion I expressed my outrage tion, I ask the Federal Bureau of Inves that have over the years voted and and the outrage of others at our major tigation, consider again what it is they worked against sound development of networks using Iraqi film showing our are doing. If there are legitimate leads America's major sources of energy: prisoners of war in an almost impos for those who might be violating our Coal, nuclear, our oil, our gas. Yes, sible situation, being paraded in front laws, follow them, but a person's ances those are the energy products that can of Saddam Husssein, TV cameras. I try and family is not cause for ques substitute en masse for Persian Gulf said they were working hand in glove tioning. oil. with Saddam Hussein in his efforts to Please, as Americans, this is a time to come together, not to be divided. D 1440 manipulate our POW's. That was 8 days ago, and I want to quote now from the Learn by the things we have done in We can leave a $5.5 billion nuclear second paragraph of that statement. the past. To come together 40 years plant sitting idle in New York City I said this: hence to apologize will not be good while we import that same oil from the When our leading national magazines hit enough. Respect one another and come Persian Gulf. Does it make any sense the streets this week, you can bet there will together as a country as America once at all? be pictures of one or more of these hapless again wages war. Let us have an energy strategy. Let pawns, perhaps selected at random, features us have it based on health and environ perhaps on the front page, for a little bang mental considerations, to be sure, but bang. Come on people, have a heart. INTRODUCTION OF LEGISLATION let us realize the biggest human health Well, call me psychic if you wish, but TO ALLOW ADDITION TO and environmental risk faced by the unfortunately it is just the absolute OCMULGEE NATIONAL MONU American people and this world is glob predictability of our media that led to MENT IN GEORGIA al war over oil in the Persian Gulf, my prediction. They seemingly just (Mr. ROWLAND asked and was given which is exactly the bind we have got cannot pass up the opportunity to permission to address the House for 1 ten ourselves in today. bring more despair and more hurt, not minute and to revise and extend his re only to those prisoners of war but to marks.) their families, loved ones, and country Mr. ROWLAND. Mr. Speaker, the REINTRODUCTION OF EMERGENCY men. Ocmulgee National Monument, located OIL MARKET STABILITY ACT I ask my colleagues to take a look at in Macon, GA, is one of the country's (Mr. MINETA asked and was given the front cover of Newsweek. This is important archeological treasures. permission to address the House for 1 absolutely what we predicted here 8 It is the site of a prehistoric Indian minute and to revise and extend his re days ago. Have they no ·conscience? burial mound and village, a window marks.) Have they no heart? into the lives of the earliest known 2560 CONGRESSIONAL RECORD-HOUSE January 30, 1991 Americans. Although the most recent and the cost of health care in the Unit AMERICA MUST NOT FORGET WHO settlement dates back to about A.D. ed States. ITS ENEMIES ARE 900, there is evidence that native Amer (Mr. SMITH of Florida asked and was icans inhabited the area as far back as given permission to address the House 11,000 years ago. o 1450 for 1 minute and to revise and extend The city of Macon is proposing to do his remarks.) nate an 18-acre parcel of land known as TRIBUTE TO MANUEL RIVERA Mr. SMITH of Florida. Mr. Speaker, Drake's Field to the national monu our good friend, the gentleman from ment's existing 683 acres. This is some (Mr. SERRANO asked and was given New York [Mr. SERRANO], has just doc thing the Interior Department and Na permission to address the House for 1 umented the first marine casualty as a tional Park Service support, that local minute and to revise and extend his re- result of combat. Yesterday and this leaders support, and that archeologists marks.) morning we lost 12 more. While inflict- support. Mr. SERRANO. Mr. Speaker, on Sun- ing great casualties on the enemy, 12 of Unfortunately, the additional land day, I spoke to an overflow congrega- our young men are now dead today. cannot be accepted under current law. tion at a solemn pontifical mass for the And so it starts, the sadness of real The legislation which created the repose of the soul of one of our best and combat, the truth about real combat, Ocmulgee National Monument in 1936 brightest sons, 31-year-old Marine that people are going to die. prohibited any expansion. That law has Capt. Manuel Rivera, who went down Mr. Speaker, we should not forget to be amended to accept this gift from with his plane in the Persian Gulf. who our enemies are. I have taken to the city of Macon. I want to share with my colleagues this well before and said very clearly Today, I am introducing legislation the heroic but nonetheless tragic story that now that we are engaged in hos to allow this transaction to take place. of this young man from my neighbor- tilities, it is time to keep a scorecard: It would be an extremely valuable addi hood. who is with us, and who is not. tion. Archeologists say it is potentially Like many poor working class fami- As we go through this, and hopefully a rich archeological resource. Even lies, Manuel's parents came to this it will be over soon and our casualties now, Drake's Field is frequented by ar country from Puerto Rico in search of and losses will be at a minimum, we tifact collectors after heavy rains. This a better quality of life. Manuel and his should remember just who is against us additional land would also enhance the three sisters grew up in a housing and who is with us. visual impact of the monument. project, a challenging environment in So far the PLO have shown them- Hundreds of thousands of visitors, in which to grow up. selves to be a major force against the cluding many schoolchildren, have Thanks to loving family care and interests of the United States. Two toured this site. It is for their sake, good example, Manuel, like many of days ago they started shelling Israel Mr. Speaker, that I urge the passage of his peers, managed to avoid the pitfalls again, in addition to the Scuds of Sad this legislation. and temptations of urban poverty. He dam Hussein. The Israelis have retali was a popular youngster, a good stu- ated against the PLO in southern Leb KENTUCKY HOSPITAL GROUP dent, and an Eagle Scout, a classic role anon. But the PLO has -allied them POINTS TO PROBLEMS IN QUAL model for the youth of today. selves with Saddam Hussein. Jordan ITY AND COST OF HEALTH CARE He pursued a lifelong ambition to be has allied itself with Saddam Hussein. a pilot by enrolling at Aviation High Mr. Speaker, our memories must be (Mr. MAZZOLI asked and was given very clear, not only through the war, permission to address the House for 1 School, and completed his formal edu- · but subsequent to the war, people that minute and to revise and extend his re cation at Dowling College on Long Is- we once supported, people we helped, land. marks.) Then, like his Vietnam veteran fa- people we tried to defend, ultimately Mr. MAZZOLI. Mr. Speaker, we all are now fighting against us and our know that health care costs to Amer ther before him, Manuel joined the Ma- own men and women. That scorecard ica are both figuratively and literally rine Corps. He gave 10 dedicated years should be kept for a long time to come. going off the charts. The average U.S. of service to his country, ultimately company today will spend over $3,200 attaining the rank of captain. And per year in insurance costs for its em Manuel had even loftier ambitions. He TAX RELIEF ON MIDDLE INCOME ployees, and depending upon how we dreamed of flying to the stars and FAMILIES NEEDED, NOT TAX look at it and how extensive the cov planned to apply for admission to BREAKS FOR THE WEALTHY erage is, as much as 26 percent of the NASA as an astronaut once the present (Mr. MOODY asked and was given net earnings of these companies can be conflict had ended. Manuel Rivera will permission to address the House for 1 going for health care costs. And costs never know that thrill. His service to minute and to revise and extend his re are rising. From 1989 to 1990, the costs his country has ended. He has made the marks.) have risen somewhere around 20 per supreme sacrifice. Mr. MOODY. Mr. Speaker, President cent. I am heartsick that our young men Bush's State of the Union Address Just yesterday the Kentucky Hos and women, often the cream of their struck so many correct notes last pital Association came to Washington generation, are obliged to place them night that I was sorely disappointed to and visited with the Kentucky delega selves in harm's way while thousands hear him raise his voice once again for tion and told us of the pressures being of miles away, loved ones anguish over the devisi ve issue of tax break for cap placed against hospitals and other their safety and well-being. ital gains-at least if the tax break re health care providers, as well as upon Though I have consistently opposed sembles the one President Bush pro the companies, to pay these costs. military action at this time, I am posed last year. You will remember Mr. Speaker, just a few feet from nonetheless inspired by the courage of from last year's debate the overwhelm where I am standing, last night the our forces now engaged in the field. We ing amount of the benefit of such a tax President of the United States spoke to must support them without reserva cut would go to the very wealthiest in us and to the world about major prob tion. Most of all, we must pray for an dividuals in our society, those earning lems in the gulf. He spoke to us elo end of these hostilities as soon as pos over $100,000 per year. And studies show quently about a new world order, and sible. that such a proposal would add only a we support him in that. But let us not And in their hour of sorrow, we offer small increase to our economy. forget, Mr. Speaker, that in seeking a our heartfelt sympathy to the family The average service man and woman new world order and in seeking solu of Capt. Manuel Rivera, this brave now serving in the Persian Gulf-in tions to some of the problems here at young man to whom this Nation owes cluding · officers-earns $28,000. Will home, prime among them is the quality an eternal debt. those soldiers' families reap any bene- January 30, 1991 CONGRESSIONAL RECORD-HOUSE 2561 fit whatsoever from this policy of sub Israel, with deadly Scuds flying over "[SUBCHAPTER I-RESERVED] sidizing weal thy investors? her almost nightly, has awesome re "SUBCHAPTER III-SPECIAL PAY FOR Over 11 million households in this straint, mainly out of her loyalty and PHYSICIANS AND DENTISTS country, or 12 percent, of all American affection for America. Why, then, are "§ 4241. Special pay: authority households, do not even have bank ac we giving Israel the back of our hand? "(a) In order to recruit and retain highly counts-no savings at all. Tens of thou Instead, I urge the President to use qualified physicians and dentists in the Vet sands of other households have only our diplomatic opening with our Arab erans Health Services and Research Adminis negligible savings. coalition partners, and the debt they tration, the Secretary shall provide special Will they benefit from the Presi pay under this subchapter. Such special pay owe us, to convince them to recognize shall be provided under regulations that the dent's proposed tax giveaway to the Israel and the contribution she can Secretary shall prescribe to carry out this wealthy? make to peace. Lasting peace requires subchapter. Before prescribing regulations Clearly, no. those states to rescind their declara under this subchapter, the Secretary shall What we need is tax relief and sav tions of war against her. receive the recommendations of the Chief ings incentives for average middle-in Medical Director with respect to those regu come families. lations. I will soon introduce the Working MESSAGE FROM THE PRESIDENT "(b) Special pay may be paid to a physician Americans Tax Relief Act that will or dentist under this subchapter only upon ease the squeeze faced by the great ma A message in writing from the Presi the execution of, and for the duration of, a dent of the United States was commu written agreement entered into by the physi jority of workers who build our auto cian or dentist in accordance with section mobiles, run our small businesses, and nicated to the House by Mr. Mccathran, one of his secretaries. 4242 of this title. manage the day-to-day operations of "(c) A physician or dentist serving a period our enterprises. of obligated service pursuant to chapter 76 of Mr. President, with us now at war, this title is not eligible for special pay under offering a tax break targeted to the DEPARTMENT OF VETERANS AF this subchapter during the first three years weathiest Americans is a slap to the FAIRS PHYSICIANS' AND DEN of such obligated service, except that, at the dependable, hardworking, middle-in TISTS' COMPENSATION AND discretion of the Secretary and upon the rec come taxpayers whose children are LABOR RELATIONS ACT OF 1991 ommendation of the Chief Medical Director, such a physician or dentist may be paid spe fighting in the Persian Gulf and who Mr. MONTGOMERY. Mr. Speaker, I cial pay for full-time status during those are facing rising unemployment and move to suspend the rules and pass the three years. higher costs of living here at home. bill (H.R. 598) to amend title 38, United "(d)(l) The Secretary may determine cat States Code, to improve the capability egories of positions applicable to both physi of the Department of Veterans Affairs cians and dentists in the Veterans Health AMERICA MUST RALLY SUPPORT to recruit and retain physicians and Services and Research Administration as to FOR ISRAEL'S CAUSE AND SECU dentists through increases in special which there is no significant recruitment RITY pay authorities, to authorize collective and retention problem. Notwithstanding any other provision of this subchapter, physi (Mr. SCHUMER asked and was given bargaining over conditions of employ cians and dentists serving in those positions permission to addresSi the House for 1 ment for health care employees of the shall not be eligible for special pay under minute and to revise and extend his re Department of Veterans Affairs, and this subchapter. Before making a determina marks.) for other purposes, as amended. tion under this paragraph, the Secretary Mr. SCHUMER. Mr. Speaker, I am The Clerk read as follows: shall receive the recommendations of the here today to comment on yesterday's H.R. 598 Chief Medical Director with respect to the determination. joint United States-Soviet statement Be it enacted by the Senate and House of Rep on the Persian Gulf. "(2) Not later than one year after making resentatives of the United States of America in any such determination with respect to a We all look forward to a swift resolu Congress assembled, category of positions, and each year there tion of the war in the Middle East. But SECTION 1. SHORT TITLE. after that such determination remains in ef if yesterday's statement is a wink in This Act may be cited as the "Department fect, the Secretary shall make a redeter the direction of a so-called peace con of Veterans Affairs Physicians' and Dentists' mination. ference in the Middle East following Compensation and Labor-Relations Act of "(3) Any determination under this sub this war, many must glare at it with 1991". section shall be in accordance with regula regret and with anger. TITLE I-PHYSICIANS AND DENTISTS tions prescribed to carry out this sub We all know that peace conference is SPECIAL PAY chapter. "(e)(l) Special pay may not be paid under the code in the Arab world for a settle SEC. 101. REVISION AND REORGANIZATION OF this section to a physician or dentist who ment for the Palestinians based on ter SPECIAL PAY STATUTE. "(A) is employed on less than a quarter ritorial concessions by Israel, conces (a) IN GENERAL.-Part v of title 38, United time basis or on an intermittent basis; sions which recent events have shown States Code, is amended by inserting after "(B) occupies an internship or residency would be no less than life-threatening chapter 73 the following new chapter: training position; or to the Middle East's only democratic "CHAPTER 74-VETERANS HEALTH SERV "(C) is a reemployed annuitant. state. And, of course, any linkage of ICES AND RESEARCH ADMINISTRATION "(2) If the Chief Medical Director deter this issue to the cease-fire with Iraq PERSONNEL mines that payment of special pay to a phy would give Saddam the means to en "[SUBCHAPTER I-RESERVED] sician or dentist who is employed on a less "Sec. than half-time basis is the most cost-effec hance the image he dreams of as a pan tive way available for providing needed med Arabic leader. "SUBCHAPTER III-SPECIAL PAY FOR ical or dental specialist services at a Depart Now more than ever, we must rally PHYSICIANS AND DENTISTS ment facility, the Chief Medical Director support for Israel's cause and her secu "4241. Special pay: authority. may authorize the payment of special pay rity. Americans must warn our Presi "4242. Special pay: written agreements. for factors other than for full-time status to dent not to sacrifice our truest friend "4243. Special pay: full-time physicians. that physician or dentist at a rate computed in the region for the sake of flirtations "4244. Special pay: part-time physicians. on the basis of the proportion that the part with the Arab States in our U.N. coali "4245. Special pay: full-time dentists. time employment of the physician or dentist bears to full-time employment. tion. Was this the price the administra "4246. Special pay: part-time dentists. tion expected to pay for Arab partici "4247. Special pay: general provisions. "§ 4242. Special pay: written agreements pation in our protection of their bor "4248. Special pay: coordination with other "(a) An agreement entered into by a physi benefits laws. cian or dentist under this subchapter shall ders? If so, this entire strategy in the "4249. Periodic review of pay of physicians cover a period of one year of service in the Middle East, in building this coalition and dentists; quadrennial re Veterans Health Services and Research Ad and in prosecuting this war, is thrown port. ministration unless the physician or dentist open to question. "4250. Annual report. agrees to an agreement for a longer period of 2562 CONGRESSIONAL RECORD-HOUSE January 30, 1991 service, not to exceed four years, as specified status of a physician or dentist (A) from full traordinary difficulties (on a nation-wide in the agreement. A physician or dentist who time status to part-time status, (B) from basis or on the basis of the needs of a specific has previously entered into such an agree part-time status to full-time status, or (C) medical facility) in the recruitment or reten ment is eligible to enter into a subsequent from one proportion of time spent as a De tion of qualified physicians, an annual rate agreement unless the physician or dentist partment employee under part-time status of not more than $40,000. has failed to refund to the United States any employment to a different proportion. "(B) For service by a physician who serves amount which the physician or dentist is ob "(d)(l) If a proposed agreement under this only a portion of a year in a medical spe ligated to refund under any such previous subchapter will provide a total annual cialty for which special pay is paid under agreement. amount of special pay to be provided to a subparagraph (A), the annual rate shall be "(b)(l) An agreement under this subchapter physician or dentist which, when added to calculated on the basis of the proportion of shall provide that if the physician or dentist the amount of basic pay of the physician or time served in the specialty for which the entering into the agreement voluntarily, or dentist, will be in excess of the amount pay special pay is paid. because of misconduct, fails to complete any able for positions specified in section 5312 of "(4)(A) For service in any of the following of the years of service covered by the agree title 5, the proposed agreement shall be executive positions, an annual rate not to ment (measured from the anniversary date of promptly submitted to the Secretary. The exceed the rate applicable to that position as the agreement), the physician or dentist proposed agreement shall not take effect if it follows: shall refund an amount of special pay re is disapproved by the Secretary within 60 ceived under the agreement for that year days after the date on which the physician or equal to- dentist entered into the proposed agreement. Rate "(A) in the case of a failure during the first The Secretary may disapprove a proposed "Position Mini- Maxi- year of service under the agreement, 100 per agreement · submitted under this subsection mum mum cent of the amount received for that year; only if the Secretary determines that the Service Chief (or in $4,500 $15,000 "(B) in the case of a failure during the sec amounts of special pay proposed to be paid ond year of service under the agreement, 75 are not necessary to recruit or retain the a comparable po percent of the amount received for that year; physician or dentist. sition as deter "(2) The Secretary shall include in the an mined by the Sec "(C) in the case of a failure during the retary). third year of service under the agreement, 50 nual report required by section 4250 of this title- Chief of Staff or in 14,500 25,000 percent of the amount received for that year; an Executive and "(A) a statement of the number of agree ments entered into during the period covered Grade. "(D) in the case of a failure during the Director Grade fourth year of service under the agreement, by the report under which the total amount 0 25,000 25 percent of the amount received for that of special pay to be provided, which when added to the amount of basic pay of the phy "(B) For service in any of the following ex year. ecutive positions, the annual rate applicable "(2) The Secretary may waive (in whole or sician or dentist, will be in excess of the to that position as follows: in part) the requirement for a refund under amount payable for positions specified in section 5312 of title 5; "Position Rate paragraph (1) in any case if the Secretary de ::Depll;tY S~rvice Director ...... $20,000 termines (in accordance with regulations "(B) a statement of the number of proposed Service Director ...... 25,000 prescribed under section 4241(b) of this title) agreements which during the period covered "Deputy Assistant Chief Medi- that the failure to complete such period of by the report were disapproved under this cal Director ...... 27,500 service is the result of circumstances beyond subsection; and ''Assistant Chief Medical Direc- the control of .the physician or dentist. "(C) a detailed explanation of the basis for tor ...... 30,000 "(3) Any such agreement shall specify the disapproval of each such proposed agreement "Associate Deputy Chief Medi- terms under which the Department and the which was disapproved under this subsection. cal Director ...... 35,000 physician or dentist may elect to terminate "(3) This subsection does not apply to any "Deputy Chief Medical Director 40,000 proposed agreement entered into after Sep "Chief Medical Director ...... 45,000 the agreement. tember 30, 1994. "(c)(l) If a proposed agreement under this "(C) For service by a physician who serves subchapter will provide a total annual "§ 4243. Special pay: full-time physicians only a portion of a year in an executive posi amount of special pay to be provided to a "(a) The Secretary shall provide special tion listed in subparagraph (A) or (B) or who physician or dentist who has previously en pay under this subchapter to eligible physi serves a portion of a year in such a pcsi ti on tered into an agreement under this sub cians employed on a full-time basis based and also serves a portion of that year in an chapter (or under section 4118 of this title as upon the factors, and at the annual rates, other position or grade for which special pay in effect before the effective date of the De specified in subsection (b). is provided under this section, the annual partment of Veterans Affairs Physicians' and "(b) The special pay factors, and the an rate shall be calculated on the basis of the Dentists' Compensation and Labor-Relations nual rates, applicable to full-time physicians proportion of time served in the position or Act of 1991) that will exceed the previous an are as follows: positions for which special pay is provided. nual amount of special pay provided for the "(1) For full-time status, $9,000. "(5) For specialty certification or first physician or dentist by more than 50 percent "(2)(A) For length of service as a physician board certification, $2,000, and for sub (other than in the case of a physician or den within the Veterans Health Services and Re specialty certification or secondary board tist employed in an executive position in the search Administration- . certification, an additional $500. Central Office of the Department), or that "(6) For service in a specific geographic lo cation with respect to which there are ex wm be less than the previous annual amount Rate of special pay provided for the physician or traordinary difficulties in the recruitment or dentist by more than 25 percent, the pro "Length of Service Mini- Maxi- retention of qualified physicians in a specific posed agreement shall be promptly submit mum mum category of physicians, an annual rate of not more than Sl 7 ,000. ted to the Secretary. The proposed agree 2 years but less $4,000 6,000 ment shall not take effect if it is disapproved s "(7)(A) For service by a physician with ex than 4 years. ceptional qualifications within a specialty, by the Secretary within 60 days after the 4 years but less 6,000 12,000 date on which the physician or dentist en an annual rate of not more than $15,000. than 8 years. "(B) Special pay under this paragraph may tered into the proposed agreement. 8 years but less 12,000 18,000 "(2) For purposes of paragraph (1), the pre be paid to a physician only if the payment of than 12 years. such pay to that physician is approved by vious annual amount of special pay provided 12 years or more ..... 12,000 25,000 for a physician or dentist is the total annual the Chief Medical Director personally and on amount of special pay provided, or to be pro "(B) The Chief Medical Director shall a case-by-case basis and only to the extent vided, to the physician or dentist for the specify a uniform national rate for each that the rate paid under this paragraph, most recent year covered by an agreement range of years of service established by or when added to the total of the rates paid to entered into by the physician or dentist under this paragraph. The Chief Medical Di . that physician under paragraphs (1) through under this subchapter or under section 4118 rector may, as to length of service in excess (6), does not exceed the total rate that may of this title. In the case of an agreement en of 12 years, establish uniform national rates be paid under those paragraphs to a physi tered into under section 4118 of this title, in for such ranges of years of service as the cian with the same length of service, spe centive pay shall be treated as special pay Chief Medical Director considers appro cialty, and position as the physician con for purposes of this paragraph. priate. cerned. "(3) The Secretary shall adjust special pay "(3)(A) For service in a medical specialty "§ 4244. Special pay: part-time physicians as necessary for purposes of this subsection with respect to which the Chief Medical Di "(a) Subject to section 4241(e) of this title to reflect appropriately any change in. the rector has determined that there are ex- and subsection (b) of this section, special pay January 30, 1991 CONGRESSIONAL RECORD-HOUSE 2563 under this subchapter for physicians em Rate specialty special pay under paragraph (3) of ployed on a part-time basis shall be based on that section. "Position Mini- Maxi- the special-pay factors and annual rates mum mum "(b) The following determinations under specified in section 4243 of this title. this subchapter shall be made under regula "(b) The annual rate of special pay paid to Director Grade 0 8,000 tions prescribed under section 4241 of this a physician employed on a part-time basis Service Chief (or in 1,000 5,000 title: shall bear the same ratio to the annual rate a comparable po "(1) A determination that there are ex that the physician would be paid under sec sition as deter traordinary difficulties (on a nation-wide tion 4243 (other than for full-time status) if mined by the Sec basis or on the basis of the needs of a specific the physician were employed on a full-time retary). medical facility) in the recruitment or reten basis as the amount of part-time employ tion of qualified physicians in a medical spe "(B) For service in any of the following ex cialty or in the recruitment or retention of ment by the physician bears to full-time em ecutive positions, the annual rate applicable ployment, except that such ratio may not qualified dentists in a dental specialty. to that position as follows: "(2) A determination of the rate of special ~xceed 314. "Position Rate pay to be paid to a physician or dentist for "§ 4245. Special pay: full-time dentists Assistant Chief Medical Direc- a factor of special pay for which the applica ble rate is specified as a range of rates. "(a) The Secretary shall provide special tor (or in a comparable posi- "(3) A determination of whether there are pay under this subchapter to eligible den tion as determined by the Secretary) ...... $10,000 extraordinary difficulties in a specific geo tists employed on a full-time basis based graphic location in the recruitment or reten upon the factors, and at the annual rates, Deputy Assistant Chief Medical Director ...... 10,000 tion of qualified physicians in a specific cat specified in subsection (b). egory of physicians or in the recruitment or "(b) The special pay factors, and the an "(C) For service by a dentist who serves retention of qualified dentists in a specific nual rates, applicable to full-time dentists only a portion of a year in an executive posi category of dentists. are as follows: tion listed in subparagraph (A) or (B) or who "(c) A determination for the purposes of "(l) For full-time status, $3,500. serves a portion of a year in such a position this subchapter that there are extraordinary "(2)(A) For length of service as a dentist and also serves a portion of that year in an difficulties in the recruitment or retention within the Veterans Health Services and Re other position or grade for which special pay of qualified physicians in a medical spe search Administration- is provided under this section, the annual cialty, or in the recruitment or retention of rate shall be calculated on the basis of the qualified dentists in a dental specialty, on proportion of time served in the position or the basis of the needs of a specific medical Rate positions for which special pay is provided. facility may only be made upon the request "Length of Service "(5) For specialty or first board certifi of the director of that facility. Mini- Maxi- cation, $2,000 and for subspecialty or second mum mum "(d) A physician or dentist may not be pro ary board certification, an additional $500. vided scarce specialty pay under section 2 years but less $1,000 $2,000 "(6) For service in a specific geographic lo 4243(b), 4244(b), 4245(b), or 4246(b) of this title than 4 years. cation with respect to which there are ex (whichever is applicable) on the basis of the 4 years but less 2,000 3,000 traordinary difficulties in the recruitment or needs of a specific medical facility unless the than 8 years. retention of qualified dentists in a specific Secretary also determines that geographic category of dentists, an annual rate not 8 years but less 3,000 3,500 location pay under that section is insuffi more than $5,000. cient to meet the needs of that facility for than 12 years. "(7)(A) For service by a dentist with excep 12 years or more ..... 3,000 4,000 qualified physicians or dentists, as the case tional qualifications within a specialty, an may be. "(B) The Chief Medical Director shall annual rate of not more than $5,000. "(e)(l) A physician or dentist shall be paid specify a uniform national rate for each "(B) Special pay under this paragraph may special pay under this subchapter at a rate range of years of service established by or be paid to a dentist only if the payment of not less than the rate of special pay the phy under this paragraph. The Chief Medical Di such pay to that dentist is approved by the sician or dentist was paid under section 4118 Chief Medical Director personally and on a of this title as of the day before the effective rector may, as to length of service in excess case-by-case basis and only to the extent of 12 years, establish uniform national rates date of this subchapter if the physician or that the rate paid under this paragraph, dentist- for such ranges of years of service as the when added to the total of the rates paid to Chief Medical Director considers appro "(A) is employed on a full-time basis in the that dentist under paragraphs (1) through (6), Veterans Health Services and Research Ad priate. does not exceed the total rate that may be "(3)(A) For service in a dental specialty ministration; paid under those paragraphs to a dentist "(B) was employed as a physician or den with respect to which there are extraor with the same length of service, specialty, tist on a full-time basis in the Administra dinary difficulties (on a nation-wide basis or and position as the dentist concerned. tion on the day before such effective date; ·on the basis of the needs of a specific medi "§ 4246. Special pay: part-time dentists and cal facility) in the recruitment or retention "(C) on such effective date was being paid of qualified dentists, an annual rate of not "(a) Subject to section 4241(e) of this title and subsection (b) of this section, special pay only for the special-pay factors of primary, more than $20,000. under this subchapter for dentists employed full-time, and length of service. "(B) For service by a dentist who serves on a part-time basis shall be based on the "(2) A physician or dentist shall be paid only a portion of a year in a dental specialty special-pay factors and annual rates speci special pay under this subchapter at a rate for which special pay is paid under subpara fied in section 4245 of this title. not less than the rate of special pay the phy graph (A), the annual rate shall be cal "(b) The annuail rate of special pay paid to sician or dentist was paid under section 4118 culated on the basis of the proportion of a dentist employed on a part-time basis shall of this title as of the day before the effective time served in the specialty for which the bear the same ratio to the annual rate that date of this subchapter if the physician or special pay is paid. the dentist would be paid under section 4245 dentist- "(4)(A) For service in any of the following of this title (other than for full-time status) "(A) is employed on a part-time basis in executive positions, an annual rate not to if the dentist were employed on a full-time the Veterans Health Services and Research exceed the rate applicable to that position as basis as the amount of part-time employ Administration; follows: ment by the dentist bears to full-time em "(B) was employed as a physician or den ployment, except that such ratio may not tist on a part-time basis in the Administra exceed 3/4. tion on the day before such effective date; Rate and "Position Mini- Maxi- "§4247. Special pay: general provisions "(C) on such effective date was being paid mum mum "(a) A physician who is provided special only for the special-pay factors of primary pay for service in an executive position and length of service. Service Director ..... $1,000 $9,000 under paragraph (4)(B) of section 4243(b) of "(f) Any amount of special pay payable Deputy Service Di 1,000 8,000 this title may not also be provided scarce under this subchapter shall be paid in equal rector. specialty special pay under paragraph (3) of installments in accordance with regularly Chief of Staff or in 1,000 8,000 that section. A dentist who is provided spe established pay periods. an Executive cial pay for service in an executive position "(g) Except as otherwise expressly pro Grade. under paragraph (4) of section 4245(b) of this vided by law, special pay may not be pro title for service as a Service Director, Dep vided to a physician or dentist in the Veter- uty Service Director, Deputy Assistant Chief Medical Director, or Assistant Chief Medical Director may not also be provided scarce 2564 CONGRESSIONAL RECORD-HOUSE January 30, 1991 ans Heal th Services and Research Adminis "(C) Service in any predecessor entity of recruit or retain a sufficient number of well tration for any factor not specified in section the Veterans Health Services and Research qualified physicians and dentists. 4243, 4244, 4245, or 4246, as applicable, of this Administration shall be considered to be "(c) The President shall include in the title. service in the Veterans Health Services and budget transmitted to the Congress under "(h) In no case may the total amount of Research Administration. section 1105 of title 31 after the submission of compensation paid to a physician or dentist "(c) Compensation paid as special pay each report of the Secretary under sub under this title in any year exceed the under this subchapter or under an agreement section (b)(2) recommendations with respect amount of annual compensation (excluding entered into under section 4118 of this title to the exact rates of special pay for physi expenses) specified in section 102 of title 3. (as in effect on the day before the effective cians and dentists under this subchapter and "§ ~. Special pay: coordination with other date of the Department of Veterans Affairs the cost of those rates compared with the benefits laws Physicians and Dentists Compensation and cost of the special pay rates in effect under "(a) Special pay paid under this subchapter Labor-Relations Act of 1991) shall be consid this subchapter at the time the budget is shall be in addition to any other pay and al ered as annual pay for the purposes of chap transmitted. lowances to which a physician or dentist is ter 87 of title 5, relating to life insurance for "§ 4250. Annual report entitled. Federal employees. "The Secretary shall submit to the Com "(b)(l) A physician or dentist who has no "§ 4249. Periodic review of pay of physicians mittees on Veterans' Affairs of the Senate section 4118 service and has completed not and dentists; quadrennial report and House of Representatives an annual re less than 15 years of service as a physician or "(a) In order to make possible the recruit port on the use of the authorities provided in dentist in the Veterans Health Services and ment and retention of a well-qualified work this subchapter. The report shall be submit Research Administration shall be entitled to force of physicians and dentists capable of ted each year as part of the budget justifica have special pay paid to the physician or providing quality care for eligible veterans, tion documents submitted by the Secretary dentist under this subchapter considered it is the policy of Congress to assure that the in support of the budget of the President basic pay for the purposes of chapter 83 or 84 levels of total pay for physicians and den submitted pursuant to section 1105 of title 31 of title 5, as appropriate. tists of the Veterans Health Services and Re that year. Each such report shall include the "(2) A physician or dentist who has section search Administration are fixed at levels following: 4118 service and has completed a total of not reasonably comparable- "(l) A review of the use of the authorities less than 15 years of service as a physician or "(!) with the levels of total pay of physi provided in this subchapter (including the dentist in the Veterans Health Services and cians and dentists employed by or serving in Secretary's and Chief Medical Director's ac Research Administration shall be entitled to other departments and agencies of the Fed tions, findings, recommendations, and other have special pay paid to the physician or eral Government; and activities under this subchapter) during the dentist under this subchapter considered "(2) with the income of non-Federal physi preceding fiscal year and the fiscal year dur basic pay for the purposes of chapter 83 or 84, cians and dentists for the performance of ing which the report is submitted. as appropriate, of title 5 as follows: services as physicians and dentists. "(2) The plans for the use of the authori "(A) In an amount equal to the amount "(b)(l) To assist the Congress and the ties provided in this subchapter for the next that would have been so considered under President in carrying out the policy stated fiscal year. section 4118 of this title on the day before in subsection (a), the Secretary shall- "(3) A description of the amounts of special the effective date of this section based on the "(A) define the bases for pay distinctions, pay paid during the preceding fiscal year, rates of special pay the physician or dentist if any, among various categories of physi shown by category of pay. was entitled to receive under that section on cians and dentists, including distinctions be "(4) A list of those geographic areas, and the day before such effective date. tween physicians and dentists employed by those scarce specialties, for which special "(B) With respect to any amount of special the Veterans Heal th Services and Research pay was paid during the preceding fiscal pay received under this subchapter in excess Administration and physicians and dentists year, those for which special pay is being of the amount such physician or dentist was employed by other departments and agencies paid during the current fiscal year, and those entitled to receive under section 4118 of this of the Federal Government and between all for which special pay is expected to be paid title on the day before the effective date of Federal sector and non-Federal sector physi during the next fiscal year, together with a. this section, in an amount equal to 25 per cians and dentists; and summary of any differences among those cent of such excess amount for each two "(B) obtain measures of income from the three lists. years that the physician or dentist has com employment or practice of physicians and "(5) The number of physicians and dentists pleted as a physician or dentist in the Veter dentists outside the Administration, includ (A) who left employment with the Veterans ans Heal th Services and Research Adminis ing both the Federal and non-Federal sec Health Services and Research Administra tration after the effective date of this sec tors, for use as guidelines for setting and pe tion during the preceding year, (B) who tion. riodically adjusting the amounts of special changed from full-time status to part-time "(3) All special pay paid under this sub pay for physicians and dentists of the Ad status, (C) who changed from part-time sta chapter shall be included in average pay (as ministration. tus to full-time status, as well as (D) a sum defined in sections 8331(4) or 8401(3) of title 5, "(2) The Secretary shall submit to the mary of the reasons therefor. as appropriate) for purposes of computing President a report, on such date as the Presi "(6) By specialty, the number of positions benefits paid under section 8337, 8341(d) or dent may designate but not later than De created and the number of positions abol (e), 8442(b), 8443, or 8451 of such title. cember 31, 1992, and once every four years ished during the preceding fiscal year and a "(4) Special pay paid under section 4118 of thereafter, recommending appropriate rates summary of the reasons for such actions. this title, as in effect before the effective of special pay to carry out the policy set "(7) The number of unfilled physician and date of this section, to a physician or dentist forth in subsection (a) with respect to the dentist positions in each specialty in the who has section 4118 service shall be credited pay of physicians and dentists in the Veter Veterans Heal th Service and Research Ad to the physician or dentist for the same pur ans Heal th Services and Research Adminis ministration, the average and maximum poses and in the same manner and to the tration. The Secretary snall include in such lengths of time that such positions have same extent that such special pay was cred report, when considered appropriate and nec been unfilled, and a summary of the reasons ited to the physician or dentist before such essary by the Secretary, recommendations that such positions remain unfilled and, in effective date. for modifications of the special pay levels set the case of any specialty not designated as a "(5) For purposes of this subsection: forth in this subchapter whenever- scarce specialty for purposes of special pay "(A) The term 'physician or dentist who "(A) the Department is unable to recruit under this subchapter, an explanation (in has no section 4118 service' means a physi or retain a sufficient work force of well cluding comparisons with other specialties cian or dentist employed as a physician or qualified physicians and dentists in the Ad that have been so designated) of why the spe dentist in the Veterans Health Services and ministration because the incomes and other cialty has not been so designated.". Research Administration who has no pre employee benefits, to the extent that those SEC. 102. CONFORMING AND TECHNICAL AMEND vious service as a physician or dentist in the benefits are reasonably quantifiable, of phy MENTS. Administration (or its predecessor) before sicians and dentists outside the Administra (a) REPEAL OF SECTION 4118.-Section 4118 the effective date of this section. tion who perform comparable types of duties of title 38, United States Code, is repealed. "(B) The term 'physician or dentist who are significantly in excess of the levels of (b) CROSS-REFERENCE AMENDMENTS.-(!) has section 4118 service' means a physician total pay (including basic pay and special Section 4107 of such title is amended- or dentist employed as a physician or dentist pay) and other employee benefits, to the ex (A) in subsection (c), by striking out "sec in the Veterans Heal th Services and Re tent that those benefits are reasonably quan tion 4118 of this title" and inserting in lieu search Administration who has previous tifiable, available to those physicians and thereof "subchapter ill of chapter 74 of this service as a physician or dentist in the Ad dentists employed by the Administration; or title"; and ministration (or its predecessor) before the "(B) other extraordinary circumstances (B) in subsection (d), by striking out "sec effective date of this section. are such that special pay levels are needed to tions 4118 and 4120 of this title" and inserting January 30, 1991 CONGRESSIONAL RECORD-HOUSE 2565 in lieu thereof "section 4120 of this title and States Code, before the date of the enact "(c) For purposes of this section, the term subchapter ill of chapter 74 of this title". ment of this Act that expires during the pe 'professional conduct or competence' means (2) Section 4120(0 of such title is amended riod beginning on the date of the enactment any of the following: by striking out "section 4118 of this title" of this Act and ending on the effective date "(1) Direct patient care. and inserting in lieu thereof "subchapter ill specified in subsection (a), an extension or "(2) Clinical competence. of chapter 74 of this title". renewal of that agreement may not extend "(d) An issue of whether a matter or ques SEC. 103. REIMBURSEMENT OF CONTINUING PRO beyond that effective date. tion concerns or arises out of (1) professional FESSIONAL EDUCATION EXPENSES (3) In the case of a physician or dentist conduct or competence, (2) peer review, or (3) FOR FUU.-TIME BOARD-CERTIFIED who begins employment with the Depart the establishment, determination, or adjust PHYSICIANS AND DENTISTS. ment of Veterans Affairs during the period ment of employee compensation under this (a) IN GENERAL.-(1) Section 4113 of title 38, beginning on the date of the enactment of title shall be decided by the Secretary and is United States Code, is amended- this Act and ending on the effective date not itself subject to collective bargaining (A) by inserting "(a)" at the beginning of specified in subsection (a) who is eligible for and may not be reviewed by any other agen the text; and an agreement under section 4118 of title 38, cy. (B) by adding at the end the following: United States Code, any such agreement "(e) A petition for judicial review or peti "(b) The Secretary shall reimburse any may not extend beyond that effective date. tion for enforcement under section 7123 of full-time board-certified physician or dentist (C) SAVINGS PROVISION.-Except as provided title 5 in any case involving employees de appointed under section 4104(1) of this title in subsection (b)(l), any agreement entered scribed in section 4231(b) of this title or aris for expenses incurred, up to $1,000 per year, into under section 4118 of title 38, United ing out of the applicability of chapter 71 of for continuing professional education.". States Code, before the effective date speci title 5 to employees in those positions, shall (2) The heading of such section is amended fied in subsection (a) shall remain in effect be taken only in the United States Court of to read as follows: in accordance with its terms and shall be Appeals for the District of Columbia Circuit. "§4113. Travel expenses of certain employees; treated for all purposes in accordance with "§ 4233. Personnel administration: full-time continuing professional education of physi such section as in effect on the day before employees cians". such effective date. "(a) The hours of employment in carrying (b) CLERICAL AMENDMENTS.-The table of (d) PROHIBITION OF RETROACTIVE AGREE out responsibilities under this title of any sections at the beginning of chapter 73 of MENTS.-An agreement entered into under employee who is appointed in the Adminis such title is amended- subchapter ill of chapter 74 of title 38, Unit tration under any provision of this chapter (1) by striking out the item relating to sec ed States Code, as added by section 101, may on a full-time basis in a position listed in tion 4113 and inserting in lieu thereof the fol not provide special pay with respect to a pe section 4231(b) of this title (other than an in lowing: riod before the effective date specified in tern or resident appointed pursuant to sec "4113. Travel expenses of certain employees; subsection (a). tion 4114 of this title) and who accepts re continuing professional edu TITLE II-LABOR-MANAGEMENT sponsibilities for carrying out professional cation of physicians."; and RELATIONS services for remuneration other than those (2) by striking out the item relating to sec assigned under this title shall consist of not tion 4118. SEC. 201. COLLECTIVE BARGAINING FOR TITLE 38 less than 80 hours in a biweekly pay period (C) EFFECTIVE DATE.-The amendments EMPLOYEES. (as that term is used in section 5504 of title made by subsection (a) shall apply with re (a) IN GENERAL.-Chapter 74 of title 38, 5). spect to expenses incurred for continuing United States Code, as added by section 101, "(b) A person covered by subsection (a) professional education that is pursued after is amended by inserting before subchapter III may not do any of the following: the date of the enactment of this Act. the following: "(1) Assume responsibility for the medical SEC. UM. OTIIER BENEFITS. "SUBCHAPTER II-COLLECTIVE BAR care of any patient other than a patient ad (a) DISCRETIONARY BENEFITS.-Chapter 73 mitted for treatment at a Department facil GAINING AND PERSONNEL ADMINIS ity, except in those cases where the person, of title 38, United States Code, is amended by TRATION inserting after section 4120 the following new upon request and with the approval of the section: "§ 4231. Personnel administration: in general Chief Medical Director, assumes such respon "§ 4120A. Additional pay authorities "(a) Notwithstanding any law, Executive sibilities to assist communities or medical order, or regulation, the Secretary shall pre practice groups to meet medical needs which "The Secretary may authorize the Chief would not otherwise be available for a period Medical Director to pay allowances or ex scribe by regulation the hours and condi tions of employment and leaves of absence of not to exceed 180 calendar days, which may penses to employees described in paragraph be extended by the Under Secretary for addi (1) of section 4104 of this title in the same employees appointed under any provision of this chapter in positions in the Veterans tional periods not to exceed 180 calendar manner, and subject to the same limitations, days each. as in the case of the authority provided the Health Services and Research Administra tion listed in subsection (b). "(2) Teach or provide consultative services Office of Personnel Management under sec at any affiliated institution if such teaching tions 5524a, 5706b, 5753, and 5754 of title 5.". "(b) Subsection (a) refers to the following positions: or consultation will, because of its nature or (b) CLERICAL AMENDMENT.-The table of duration, conflict with such person's respon sections at the beginning of such chapter is "(1) Physicians. "(2) Dentists. sibilities under this title. amended by inserting after the item relating "(3) Accept payment under any insurance to section 4120 the following new item: "(3) Podiatrists. "(4) Optometrists. or assistance program established under title "4120A. Additional pay authorities.". "(5) Nurses. XVill or XIX of the Social Security Act or SEC. 106. EFFECTIVE DATE AND TRANSITION. "(6) Physician assistants. under chapter 55 of title 10 for professional (a) EFFECTIVE DATE.-The amendments "(7) Expanded-duty dental auxiliaries. services rendered by such person while carry made by sections 101 and 102 shall take effect ing out such person's responsibilities under on the the first day of the first pay period "§ 4232. Collective bargaining this title. beginning after the earlier of- "(a) Except as otherwise specifically pro "(4) Accept from any source, with respect (1) July 1, 1991; or vided in this title, the authority of the Sec to any travel performed by such person in (2) the end of the 90-day period beginning retary to prescribe regulations under section the course of carrying out such person's re on the date of the enactment of this Act. 4231 of this title is subject to the right of sponsibilities under this title, any payment (b) TRANSITIONS PROVISIONS.-(1) In the Federal employees to engage in collective or per diem for such travel, other than as case of an agreement entered into under sec bargaining with respect to conditions of em provided for in section 4111 of title 5. tion 4118 of title 38, United States Code, be ployment through representatives chosen by "(5) Request or permit any individual or fore the date of the enactment of this Act them in accordance with chapter 71 of title 5 organization to pay, on such person's behalf that expires after the effective date specified (relating to labor-management relations). for insurance insuring such person against in subsection (a), the Secretary of Veterans "(b) Such collective bargaining (and any malpractice claims arising in the course of Affairs and the physician or dentist con grievance procedures provided under a col carrying out such person's responsibilities cerned may agree to terminate that agree lective bargaining agreement) in the case of under this title or for such person's dues or ment as of that effective date in order to per employees described in section 4231(b) of this similar fees for membership in medical or mit a new agreement under subchapter ill of title may not cover, or have any applicabil dental societies or related professional asso chapter 74 of title 38, United States Code, as ity to, any matter or question concerning or ciations, except where such payments con added by section 101, to take effect as of that arising out of (1) professional conduct or stitute a part of such person's remuneration effective date. competence, (2) peer review, or (3) the estab for the performance of professional respon (2) In the case of an agreement entered lishment, determination, or adjustment of sibilities permitted under this section, other into under section 4118 of title 38, United employee compensation under this title. than those carried out under this title. 2566 CONGRESSIONAL RECORD-HOUSE January 30, 1991 "(6) Perform, in the course of carrying out "(c) For purposes of this subchapter- an attorney or other representative of the such person's responsibilities under this "(1) Section 4104(1) employees are employ employee's choice at all stages of the case. title, professional services for the purpose of ees of the Department employed on a full "(3)(A) If a proposed adverse action cov generating money for any fund or account time basis under a permanent appointment ered by this section is not withdrawn, the de which is maintained by an affiliated institu in a position listed in section 4104(1) of this ciding official shall render a decision in writ tion for the benefit of such institution, or for title (other than interns and residents ap ing within 21 days of receipt by the deciding such person's personal benefit, or both. pointed pursuant to section 4114 of this official of the employee's answer. The deci "(c) In the case of any fund or account de title). sion shall include a statement of the specific scribed in subsection (b)(6) that was estab "(2) A major adverse action is an adverse reasons for the decision with respect to each lished before September 1, 1973- action which includes any of the following: charge. If a major adverse action is imposed, "(1) the affiliated institution shall submit "(A) Suspension. the decision shall state whether any of the semiannually an accounting to the Secretary "(B) Transfer. charges sustained arose out of a question of and to the Comptroller General of the United "(C) Reduction in grade. professional conduct or competence. If any States with respect to such fund or account "(D) Reduction in basic pay. of the charges are sustained, the notice of and shall maintain such fund or account sub "(E) Discharge. the decision to the employee shall include ject to full public disclosure and audit by the "(3) A question of professional conduct or notice of the employee's rights of appeal. Secretary and the Comptroller General for a competence is a question involving any of "(B) Notwithstanding the 21-day period period of three years or for such longer pe the following: specified in subparagraph (A), a proposed ad riod as the Secretary shall prescribe, and "(A) Direct patient care. verse action may be held in abeyance if the "(2) no person in a position specified in "(B) Clinical competence. employee requests, and the deciding official paragraph (l)(B) may receive any cash from "(d) An issue of whether a matter or ques agrees, that the employee shall seek counsel amounts deposited in such fund or account tion concerns, or arises out of, professional ing or treatment for a condition covered derived from services performed before that conduct or competence is not itself subject under the Rehabilitation Act of 1973. Any date. to any grievance procedure provided by law, such abeyance of a proposed action may not "(d) As used in this section: regulation, or collective bargaining and may extend for more than one year. "(1) The term 'affiliated institution' means not be reviewed by any other agency. "(4)(A) The Secretary may require that a medical school or other institution of high "(e) Whenever the Secretary proposes to any answer and submission under paragraph er learning with which the Secretary has a prescribe regulations under this subchapter, (l)(B) be submitted so as to be received with contract or agreement as referred to in sec the Secretary shall publish the proposed reg in 30 days of the date of the written notice of tion 4112(b) of this title for the training or ulations in the Federal Register for notice the charges, except that the Secretary shall education of health personnel. and-comment not less than 30 days before allow the granting of extensions for good "(2) The term 'remuneration' means the re the day on which they take effect. cause shown. ceipt of any amount of monetary benefit "§ 4262. Major adverse actions involving pro "(B) The Secretary shall require that any from any non-Department source in payment fessional conduct or competence appeal to a Disciplinary Appeals Board from for carrying out any professional responsibil "(a)(l) Disciplinary Appeals Boards ap a decision to impose a major adverse action ities.". pointed under section 4264 of this title shall shall be received within 30 days after the (b) CONFORMING AMENDMENT.-Section 4108 have exclusive jurisdiction to review any date of service of the written decision on the of such title is amended by striking out sub case- employee. section (a). "(A) which arises out of (or which includes) "(c)(l) When a Disciplinary Appeals Board SEC. 202. ADVERSE PERSONNEL ACTIONS. a question of professional conduct or com convenes to consider an appeal in a case (a) REFORM OF DISCIPLINARY PROCEDURES petence of a section 4104(1) employee; and under this section, the board, before proceed FOR SECTION 4104(1) EMPLOYEES.-Chapter 74 "(B) in which a major adverse action was ing to consider the merits of the appeal, of title 38, United States Code, as added by taken. shall determine whether the case is properly section 101 and amended by section 201, is "(2) The board shall include in its record of before it. further amended by adding at the end the decision in any mixed case a statement of "(2) Upon hearing such an appeal, the following: the board's exclusive jurisdiction under this board shall, with respect to each charge ap subsection and the basis for such exclusive pealed to the board, sustain the charge, dis "SUBCHAPTER V-GRIEV ANCE jurisdiction. miss the charge, or sustain the charge in PROCEDURES "(3) For purposes of paragraph (2), a mixed part and dismiss the charge in part. If the "§4281. Adverse actions: section 4104(1) em case is a case that includes both a major ad deciding official is sustained (in whole or in ployees verse action arising out of a question of pro part) with respect to any such charge, the "(a) Whenever the Chief Medical Director fessional conduct or competence and an ad board shall- (or an official designated by the Chief Medi verse action which is not a major adverse ac "(A) approve the action as imposed; cal Director) brings charges based on con tion or which does not arise out of a question "(B) approve the action with modification, duct or performance against a section 4104(1) of professional conduct or competence. reduction, or exception; or employee and as a result of those charges an "(b)(l) In any case in which charges are "(C) reverse the action. adverse personnel action is taken against the brought against a section 4104(1) employee "(3) A board shall afford an employee ap . employee, the employee shall have the right which arises out of, or includes, a question of pealing an adverse action under this section · to appeal the action. professional conduct or competence which an opportunity for an oral hearing. If such a "(b)(l) If the case involves or includes a could result in a major adverse action, the hearing is held, the board shall provide the question of professional conduct or com employee is entitled to the following: employee with a transcript of the hearing. petence in which a major adverse action was "(A) At least 30 days advance written no "(4) The board shall render a decision in taken, such an appeal shall be made to a Dis tice from the Chief Medical Director or other any case within 45 days of completion of the ciplinary Appeals Board under section 4262 of charging official specifically stating the hearing, if there is a hearing, and in any this title. basis for each charge, the adverse actions event no later than 120 days after the appeal "(2) In any other case, such an appeal shall that could be taken if the charges are sus commenced. bemade- tained, and a statement of any specific law, "(d)(l) After resolving any question as to "(A) through Department grievance proce regulation, policy, procedure, practice, or whether a matter involves professional con dures under section 4263 of this title, in any other specific instruction that has been vio duct or competence, the Secretary shall case that involves or includes a question of lated with respect to each charge, except cause to be executed the decision of the Dis professional conduct or competence in which that the requirement for notification in ad ciplinary Appeals Board in a timely manner a major adverse action was not taken or in vance may be waived if there is reasonable and in any event in not more than 90 days any case of an employee who is not covered cause to believe that the employee has com after the decision of the Board is received by by a collective bargaining agreement under mitted a crime for which the employee may the Secretary. Pursuant to the board's deci chapter 71 of title 5; or be imprisoned. sion, the Secretary may order reinstate "(B) through grievance procedures pro "(B) A reasonable time, but not less than ment, award back pay, and provide such vided through collective bargaining under seven days, to present an answer orally and other remedies as the board found appro chapter 71 of title 5 or through Department in writing to the Chief Medical Director or priate relating directly to the proposed ac grievance procedures under section 4263 of other deciding official, who shall be an offi tion, including expungement of records re this title, as the employee elects, in the case cial higher in rank than the charging offi lating to the action. of an employee covered by a collective bar cial, and to submit affidavits and other docu "(2) If the Secretary finds a decision of the gaining agreement under chapter 71 of title 5 mentary evidence in support of the answer. board to be clearly contrary to the evidence that does not involve or include a question of "(2) In any case described in paragraph (1), or unlawful, the Secretary may- professional conduct or competence. the employee is entitled to be represented by "(A) reverse the decision of the board, or January 30, 1991 CONGRESSIONAL RECORD-HOUSE 2567 "(B) vacate the decision of the board and "(2) A right to a prompt report of the find ees, employee organizations, and other inter remand the matter to the Board for further ings and recommendations by the impartial ested parties may submit comments to the consideration. examiner. Secretary concerning the suitability for "(3) If the Secretary finds the decision of "(3) A right to a prompt review of the ex service on the panel of any employee whose the board (while not clearly contrary to the aminer's findings and recommendations by name is on the list. evidence or unlawful) to be not justified by an official of a higher level than the official "(3) The Secretary shall provide training the nature of the charges, the Secretary may who decided upon the action. That official in the functions and duties of Disciplinary mitigate the adverse action imposed. may accept, modify. or reject the examiner's Appeals Boards and grievance procedures "(4) The Secretary's execution of a board's recommendations. under section 4263 of this title for employees decision shall be the final administrative ac "(e) In any review of an adverse action selected to be on the panel.". tion in the case. under the grievance procedures prescribed (b) CONFORMING REPEAL.-(1) Section 4110 "(e) The Secretary may designate an em under subsection (a), the employee is enti of title 38, United States Code, is repealed. ployee of the Department to represent man tled to be represented by an attorney or (2) The table of sections at the beginning of agement in any case before a Disciplinary other representative of the employee's chapter 73 of such title is amended by strik Appeals Board. choice at all stages of the case. ing out the item relating to section 4110. "(f)(l) A section 4104(1) employee adversely "§ 4284. Disciplinary Appeals Boards (c) CLERICAL AMENDMENTS.-The table of affected by a final order or decision of a Dis "(a) The Secretary shall from time to time sections at the beginning of chapter 74 of ciplinary Appeals Board (as reviewed by the appoint boards to hear appeals of major ad title 38, United States Code, as added by sec Secretary) may obtain judicial review of the verse actions described in section 4262 of this tion 101, is amended- order or decision. title. Such boards shall be known as Discipli (1) by inserting before the item relating to "(2) In any case in which judicial review is nary Appeals Boards. Each board shall con subchapter III the following: sought under this subsection, the court shall sist of three employees of the Department, "SUBCHAPTER II-COLLECTIVE BARGAINING AND review the record and hold unlawful and set each of whom shall be of the same grade as, PERSONNEL ADMINISTRATION aside any agency action, finding, or conclu or be senior in grade to, the employee who is "4231. Personnel administration: in general. sion found to be- appealing an adverse action. At least two of "4232. Collective bargaining. "(A) arbitrary, capricious, an abuse of dis the members of each board shall be employed "4233. Personnel administration: full-time cretion, or otherwise not in accordance with in the same category of position as the em employees."; and law; ployee who is appealing the adverse action. (2) by adding at the end the following: "(B) obtained without procedures required Members of a board shall be appointed from "SUBCHAPTER V-GRIEVANCE PROCEDURES by law, rule, or regulation having been fol individuals on the panel established under lowed; or "4261. Adverse actions: section 4104(1) em subsection (d). ployees. "(C) unsupported by substantial evidence. "(b)(l) In appointing a board for any case, "4262. Major adverse actions involving pro "§ 4283. Other adverse actions the Secretary shall designate one of the fessional conduct or com "(a) The Secretary shall prescribe by regu members to be chairman and one of the petence. lation procedures for the consideration of members to be secretary of the board, each "4263. Other adverse actions. grievances of section 4104(1) employees aris of whom shall have authority to administer "4264. Disciplinary Appeals Boards.". ing from adverse personnel actions in which oaths. SEC. 203. DEADLINE FOR REGULATIONS. each action taken either- "(2) Appointment of boards, and the pro The Secretary of Veterans Affairs shall "(l) is not a major adverse action; or ceedings of such boards, shall be carried out prescribe regulations under subchapter V of "(2) does not arise out of a question of pro under regulations prescribed by the Sec chapter 74 of title 38, United States Code (as fessional conduct or competence. retary. A verbatim record shall be main added by section 202), not later than 180 days Disciplinary Appeals Boards shall not have tained of board hearings. after the date of the enactment of this Act. jurisdiction to review such matters, other "(c)(l) Notwithstanding sections 3301 and Such regulations shall be published in the than as part of a mixed case (as defined in 4132 of this title, the chairman of a board, Federal Register for notice-and-comment section 4262(a)(3) of this title). upon request of an employee whose case is not less than 30 days before the day on which "(b) In the case of an employee who is a under consideration by the board (or a rep they take effect. member of a collective bargaining unit under resentative of that employee) may, in con SEC. 204. PRESERVATION OF EXISTING COILEC· chapter 71 of title 5, the employee may seek nection with the considerations of the board, TIVE-BARGAINJNG ARRANGEMENTS review of an adverse action described in sub review records or information covered by AND PENDING ACTIONS. section (a) either under the grievance proce those sections and may authorize the disclo (a) EXISTING COLLECTIVE-BARGAINING AR dures provided through regulations pre sure of such records or information to that RANGEMENTS.-Any determination under scribed under subsection (a) or through employee (or representative) to the extent chapter 71 of title 5, United States Code, of grievance procedures determined through the board considers appropriate for purposes a collective bargaining unit within the Vet collective bargaining, but not under both. of the proceedings of the board in that case. erans Heal th Services and Research Adminis The employee shall elect which grievance "(2) In any such case the board chairman tration of the Department of Veterans Af procedure to follow. Any such election may may direct that measures be taken to pro fairs, and any recognition under that chapter not be revoked. tect the personal privacy of individuals of an employee labor organization as the ex "(c)(l) In any case in which charges are whose records are involved. Any person who clusive bargaining representative for em brought against a section 4104(1) employee uses or discloses a record or information cov ployees in a collective bargaining unit of the which could result in a major adverse action ered by this subsection for any purpose other Department of Veterans Affairs, that is in ef and which do not involve professional con than in connection with the proceedings of fect on the date of the enactment of this Act duct or competence, the employee is entitled the board shall be fined not more than $5,000 shall not be affected by the amendments to the same notice and opportunity to an in the case of a first offense and not more made by this Act and shall continue in effect swer with respect to those charges as pro than $20,000 in the case of a subsequent of in accordance with the terms of such deter vided in subparagraphs (A) and (B) of section fense. mination or regulation. 4262(b)(l) of this title. "(d)(l) The Secretary shall provide for the (b) PENDING CASES.-With respect to cases "(2) In any other case in which charges are periodic designation of employees of the De pending on the date of the enactment of this brought against a section 4104(1) employee, partment who are qualified to serve on Dis Act, or those cases which are brought before the employee is entitled to- ciplinary Appeals Boards. Those employees the establishment of either an administra "(A) an advance written notice stating the shall constitute the panel from which board tive grievance procedure pursuant to section specific reason for the proposed action, and members in a case are appointed. The Sec 4263 of title 38, United States Code (as added "(B) a reasonable time to answer orally retary shall provide (without charge) a list by the amendments made by this title), or a and in writing and to furnish affidavits and of the names of employees on the panel to negotiated grievance procedure established other documentary evidence in support of any person requesting such list. under a collective bargaining agreement, the answer. "(2) The Secretary shall announce periodi such cases shall proceed in the same manner "(d) Grievance procedures prescribed under cally, and not less often than annually, that as they would have if this Act had not been subsection (a) shall include the following: the roster of employees on the panel is avail enacted. "(l) A right to formal review by an impar able as described in paragraph (1). Such an TITLE III-MISCELLANEOUS tial examiner within the Department of Vet nouncement shall be made at Department SEC. 301. AMENDMENTS TO PROVISIONS EN· erans Affairs, who, in the case of an adverse medical facilities and through publication in ACTED BY THE DEPARTMENT OF action arising from a question of profes the Federal Register. Notice of a name being VETERANS AFFAIRS NURSE PAY ACT sional conduct or competence, shall be se on the list must be provided at least 30 days OF 1990. lected from the panel designated under sec before the individual selected may serve on a (a) SAVINGS PROVISION.-Physician assist tion 4264 of this title. Board or as a grievance examiner. Employ- ants and expanded-function dental auxil- 2568 CONGRESSIONAL RECORD-HOUSE January 30, 1991 iaries shall continue to be paid after August thing of value) paid to that person for an ap ing out "an inmate" and inserting in lieu 14, 1990, according to the Nurse Schedule in pearance, speech, or article, so long as the thereof "a patient". section 4107(b) of title 38, United States appearance, speech, or article does not cre (b) SUBCHAPTER HEADING.-(1) The heading Code, as in effect on August 14, 1990, until ate a conflict of interest or an appearance of of subchapter II of chapter 85 of such title is the effective date of a determination by the a conflict of interest.". amended by striking out "INMATE" and in Secretary to convert those occupations to SEC. 304. ADMINISTRATIVE REORGANIZATION serting in lieu thereof "PATIENT". "covered positions" and pay them pursuant AUTHORITY. (2) The item relating to such subchapter to section 4141 of such title Section 210(b)(2) of title 38, United States heading in the table of sections at the begin (b) CONFORMING AMENDMENT.-Section Code, is amended- ning of such chapter is amended by striking 4107(0 of title 38, United States Code, is (1) in subparagraph (A), by striking out the out "INMATE" and inserting in lieu thereof amended by striking out "shall be com second and third sentences and inserting in "PATIENT". pensated by use of Nurse Schedule grade ti lieu thereof the following: "No action to The SPEAKER pro tempore (Mr. tles and related pay ranges and" in the first carry out such reorganization may be taken after the submission of such report until the HARRIS). Pursuant to the rule, the gen sentence. tleman from Mississippi [Mr. MONT (C) CHIEF MEDICAL DIRECTOR AUTHORITY. end of a 90-day period of continuous session Section 4141(d) of such title is amended- of Congress following the date of the submis GOMERY] will be recognized for 20 min (!) in paragraph (l)(B), by inserting "or the sion of the report. For purposes of the pre utes, and the gentleman from Arizona Chief Medical Director, with respect to cov ceding sentence, continuity of a session of [Mr. STUMP] will be recognized for 20 ered Regional and Central Office employees Congress is broken only by an adjournment minutes. in that grade," before "determines"; sine die, and there shall be excluded from the The Chair recognizes the gentleman (2) in paragraph (3)- computation of such 90-day period any day from Mississippi [Mr. MONTGOMERY]. (A) by redesignating subparagraph (C) as during which either House of Congress is not GENERAL LEAVE subparagraph (D) and by inserting "or Chief in session during an adjournment of more Medical Director" in that subparagraph after than three days to a day certain."; Mr. MONTGOMERY. Mr. Speaker, I "facility"; and (2) by striking out subparagraph (B) and ask unanimous consent that all Mem (B) by inserting after subparagraph (B) the inserting in lieu thereof the following: bers may have 5 legislative days within following: "(B) An administrative reorganization de which to revise and extend their re "(C) The Chief Medical Director shall pre scribed in this subparagraph is an adminis marks, and include therein extraneous scribe regulations providing for the adjust trative reorganization of a covered field of material, on H.R. 598. ment of the rates of basic pay for Regional fice or facility that involves a reduction dur The SPEAKER pro tempore. Is there and Central Office employees in covered po ing any fiscal year in the number of full-time equivalent employees with permanent duty objection to the request of the gen sitions in order to assure that those rates are tleman from Mississippi? sufficient and competitive."; and stations at such office or facility- (3) in paragraph (4), by inserting ", or the "(i) by 15 percent or more; or There was no objection. Chief Medical Director with respect to Re "(ii) by a percent which, when added to the Mr. MONTGOMERY. Mr. Speaker, I gional and Central Office employees," in the percent reduction made in the number of yield myself such time as I may first sentence after "facility" the first place such employees with permanent duty sta consume. it appears. tions at such office or facility during the Mr. Speaker, during the second ses (d) INCLUSION OF CERTAIN TITLE 5 EMPLOY preceding fiscal year, is 25 percent or more."; sion of the lOlst Congress, many of the EES.-Section 4141(a)(3) of such title is (3) in subparagraph (C)- committee's bills that passed the amended by inserting "or chapter 53 of title (A) by inserting "administrative" before "reorganization" the first place it appears; House were held up in the Senate. 5" before the period at the end. While several measures were agreed to (e) TECHNICAL AMENDMENT.-Section (B) by striking out "the reorganization" 4142(a)(3) of such title is amended by striking after "applies to" and inserting in lieu there in principle, problems experienced in out "appointed" and inserting in lieu thereof of "an administrative reorganization"; the other body prevented action on the "paid". (C) by striking out "more than 25 but less House-passed legislation. (0 EFFECTIVE DATE.-Section 104(a)(2) of than 100 employees" and inserting in lieu The bill we are considering today re Public Law 101-366 is amended by inserting thereof "30 or more employees"; and flects a compromise agreement reached "the first day of the first pay period begin (D) by striking out "in such unit-" and all between the Veterans' Affairs Commit ning after" before "April 1, 1991". that follows and inserting in lieu thereof "in tees of the House and the Senate on VA SEC. 302. EXTENSION OF ANNUAL REPORT ON such unit by 50 percent or more."; and physician's and dentist's pay. This FURNISHING NON-SERVICE-CON· (4) in subparagraph (D)- NECTED HEALTH CARE. (A) by adding at the end of clause (i) the compromise contains provisions de Section 19011(e)(l) of the Veterans' Health following new sentence: "Such term does not rived from H.R. 4557 and S. 2100. Care Amendments of 1986 (38 U.S.C. 610 note) include a consolidation or redistribution of In recent weeks and months, Mem is amended by striking out "each of" and all functions at a covered field office or facility, bers of the House and Senate have re that follows through "1989" and inserting in or between components of the Veterans Ben ceived thousands of letters from veter lieu thereof "each fiscal year through fiscal efits Administration and the Veterans ans throughout the country who are year 1991". Health Services and Research Administra frustrated about the lack of access or SEC. 303. CONDITIONS OF EMPLOYMENT OF MED tion at a Department medical and regional delays in receiving VA care. It is nose ICAL EMPLOYEES. office center, if after the consolidation or re (a) FULL-TIME EMPLOYEES.-Section 4233 of distribution the same number of full-time cret that many VA hospitals are hav title 38, United States Code, as added by sec equivalent employees continues to perform ing a difficult time. Our VA hospitals tion 201(a), is amended by adding at the end the affected functions at that field office, fa simply do not have the resources and the following new subsection: cility, or center."; staff to take care of all eligible veter "(e) A person appointed as a full-time em (B) by striking out clause (ii); and ans seeking specialized inpatient care, ployee of the Veterans Health Services and (C) by redesignating clauses (iii) and (iv) as outpatient care, and long-term care. Research Administration under this title clauses (ii) and (iii), respectively. A key part of the problem is the in may (notwithstanding any other provision of SEC. 305. SALARY OF JUDGES OF UNITED STATES ability of the VA to recruit and retain law) receive and retain amounts (or any COURT OF VETERANS APPEALS. other thing of value) paid to that person for (a) IN GENERAL.-Subsection (e) of section highly qualified physicians, nurses, and an appearance, speech, or article, so long as 4053 of title 38, United States Code, is amend other health care professionals who are the appearance, speech, or article does not ed to read as follows: needed to provide quality care. Some create a conflict of interest or an appearance "(e) The judges of the court shall each re thing must be done about it. I believe of a conflict of interest.". ceive a salary at the-same rate as is received this bill is a step in the right direction. (b) PART-TIME EMPLOYEES.-Section 4114 of by judges of the United States Court of Mili Mr. Speaker, the committee has title 38, United States Code, is amended by tary Appeals.". heard a lot of testimony from various adding at the end the following new sub (b) EFFECTIVE DATE.-The amendment physician and dental organizations section: made by subsection (a) shall take effect on "(h) A person appointed as an employee of the first day of the first pay period beginning both within and outside the Depart the Veterans Health Services and Research after the date of the enactment of this Act. ment, concerning how overworked and Administration on a part-time basis may SEC. 306. TECHNICAL AMENDMENTS. underpaid these VA health care profes (notwithstanding any other provision of law) (a) SECTION 3202.-Section 3202(d) of title sionals are. Yet, they continue to work receive and retain amounts (or any other 38, United States Code, is amended by strik- for the Department. They do so be- January 30, 1991 CONGRESSIONAL RECORD-HOUSE 2569 cause they are dedicated and loyal em staff that are the foundation of the with the authority to set uniform na ployees. They do so because the VA, de VA's Veterans Health Services and Re tional rates. spite its problems, is still a high-qual search Administration. It would pro In the past, departmental regulations i ty heal th care deli very system and we vide a partial solution to the Depart have significantly reduced the flexibil want to keep it that way. However, we ment's current shortage of medical ity of the ranges provided in current cannot continue to rely on this dedica professionals which is critical to the law. Those regulations established a tion and loyalty alone. We must make VA's efforts to maintain high-quality fixed amount within the range that the VA a real option for medical pro care for our Nation's veterans. The must be paid for each special pay cat fessionals and a more competitive sal problems with recruitment and reten egory. By setting a uniform regulatory ary structure would go a long way to tion of DV A medical care staff are well amount, the regulations fail to take ward accomplishing this goal. known. Our committee's 1988 survey of account of local circumstances and de On August 15, 1990, the President Department medical centers docu prive local directors of discretion. We signed into law Public Law 101-366. mented that VA medical centers are do not intend for the Department to This law restructured the nurse pay staffed at much lower levels than their pay a uniform rate of special pay to all system within the Department in order community counterparts and that they physicians and dentists, but rather to to provide local directors with more suffer from unfilled vacancies across allow the local directors to pay differ flexibility in their efforts to recruit all medical professions. ing amounts to address their different and retain needed nursing personnel. This bill would help address these needs. What we need now is a similar effort problems by authorizing changes in the Clearly, there must be greater flexi for VA physicians and dentists. amount of special pay for DV A physi bility in physicians' and dentists' spe In May of last year H.R. · 4557, as cians and dentists. As in current law, cial pay. Now, Mr. Speaker, I realize amended, was passed by the House. this title would provide special pay for that there may be some who are con This was a bill to improve the capabil five characteristics of employment-as cerned that this increased flexibility ity of the VA to recruit and retain phy applicable: First, longevity-tenure of will cause professional pay to increase sicians and dentists through increases service; second, scarce specialty; third, beyond what is needed. However, the in special pay authority. As noted pre geographic location; fourth, executive bill contains safeguards. For example, viously, the other body failed to act on medicine; and fifth, board certification. the bill would provide a check against the bill. The bill before you today con By increasing the amounts available unwarranted increases by requiring tains many of the same provisions that for these types of special pay and by al any individual request for an increase were in H.R. 4557. It was important lowing the local medical center direc of over 50 percent of the previous year's then that action be taken to address tors the flexibility to pay only what is amount of special pay to be submitted the VA's recruitment and retention necessary to recruit and retain needed to the Secretary. The request would problems and it is even more important physicians and dentists, the bill would have to be disapproved within 60 days now that the House remain steadfast in be less costly and more effective than a or it would take effect. This would pro its commitment to correct them. Oth simplistic across-the-board increase. vide the Department with the nec erwise, the VA is going to lose some of In fact, the most significant depar essary authority to deny unreasonable its better physicians and will continue ture from current law is the flexibility and unwarranted requests for increased to have difficulty in recruiting many the bill would provide local directors amounts of special pay. Let me clarify, specialists. to meet unique circumstances both for Mr. Speaker, that this check on special Mr. Speaker, in some medical spe a particular physician or dentist and pay increases is not intended to apply cialties and in some geographic loca for certain categories of such profes to central office physicians performing tions, VA pay lags at least 33 percent sionals. At the committee's hearing on executive functions, · including behind comparable private sector sala the recruitment and retention of physi outstationed physicians. On the other ries. This means that more and more cians and dentists on October 25, 1989, hand, the bill would provide a measure physicians are leaving the VA every Deputy Secretary Principi testified of protection for physicians and den day and that more and more work is that the DV A supported the idea of tists. It would do so by providing that being contracted out to private physi providing the local director with flexi if the total amount of special pay cians at a tremendous expense. In fis bility to make the necessary deter would be reduced by more than 25 per cal year 1988, the VA spent $42 million minations in hiring needed medical cent of the previous year's amount on physician contracts for doctors the professionals. At that hearing, the then the request would have to be sub VA had been unable to recruit into spe committee received additional testi mitted to the Secretary. cialty areas such as radiology, anesthe mony supporting the need for the max One final check is that any special siology, and orthopedic surgery. This imum amount of flexibility at the local pay request that would raise a physi amount exceeds the Administration's managerial level. The committee cian's or dentist's total pay over the request for increased physicians' and strongly believes that directors should executive level I threshold would have dentists' special pay in its fiscal year have the flexibility to use the special to be submitted to VA central office 1991 budget submission. More and more pay authority as an incentive for DVA [V ACO]. This submission requirement physicians are leaving fulltime service employment. would cover all salary requests, includ with the VA. Many are converting to The committee has stated previously, ing those physicians and dentists serv part-time status so that they can sup and I want to reemphasize its inten ing in the central office. Once again, plement their VA salary by engaging in. tion, that this flexibility not be cir such a request would have to be dis private practice. cumvented. Under current law, the approved by the Secretary within 60 Specifically, the bill would increase Secretary "may pay no more than" days or it would automatically take ef the amount of special pay available to certain amounts for the different spe fect. The committee does not intend some categories of physicians and den cial pay factors. The bill before you for this dollar threshold or additional tists. It would also streamline discipli today clearly addresses this issue. It check to be used as a cap for physi nary procedures for VA health care provides that the local director would cians' or dentists' pay. The Secretary professionals to make the system more determine the amounts of scarce spe would exceed the authority granted in responsive. Finally, it contains several cialty and geographic special pay. This this measure if he were to deny a spe provisions from H.R. 5740 as passed by was a major concern of the committee cial pay request on the basis that it ex the House on October 15, 1990. since we wish to provide as much local ceeds this threshold. This check is in Mr. Speaker, this bill addresses one flexibility as possible. It should be tended to be used as a device by which of the most compelling problems in VA noted that only with length of service the Secretary would monitor the upper medical care system: Attracting and special pay does the bill follow current levels of pay, and disapproval would be keeping the dedicated, well-trained law and vest the chief medical director permissible only upon a Secretarial 2570 CONGRESSIONAL RECORD-HOUSE January 30, 1991 finding that a proposed special pay cians from the VA and to reward physi any collective bargaining rights. It had amount is not necessary to recruit or cians whose experience and seniority long been the VA's position that cer retain the particular physician or den contribute significantly toward the tain areas were exempt from collective tist. To ensure that this check is not to high quality of care provided in the VA bargaining· because provisions of law be used as a means by which to cap sal medical care system. granted the V A's Administrator-now aries, the committees have decided to Similarly, the bill increases the local Secretary-exclusive authority over sunset this submission requirement. director's flexibility to pay scarce spe them. These areas related principally The bill also changes current law by cialty pay. Under current law, the chief to patient care, disciplinary actions, allowing part-time physicians and den medical director must determine which professional peer review, and employee tists, who work one-quarter or three specialties are scarce within the De compensation. The coro...mittee shares eighths time, to be eligible for special partment. These physicians are then the view that the VA must have unfet pay. Under current law, only those eligible for scarcity pay within a man tered authority in these areas and com part-time physicians and dentists who dated pay range. However, as stated plete accountability for the care of its are employed at least half-time with previously, VA regulations have re patients. the Department can receive special stricted flexibility by setting a specific However, the committee and the De pay. The bill would authorize payment amount that may be paid to each of the partment believe that some conditions of special pay to those medical profes scarce specialties. The committee be of employment should be subject to sionals working less than half-time lieves that the Department should pay collective bargaining and the provi when the chief medical director deter what it takes to recruit physicians in sions found in title II of the bill reflect mines that such payment is the most these specialties and no more. We ex the efforts of the Department and the cost effective way for providing the pect that there would be differences in employee unions to come to agreement needed services. the amounts of special pay offered to Mr. Speaker, it does not make sense physicians within a given specialty, on what areas are grievable and what that the VA should be forced to con even at the same facility, because in areas are not. Both sides are pleased tract out for physicians and dentists, some geographic areas it will cost with the provisions in title II and the at a much higher cost, when they more to hire a physician in that spe committee appreciates the efforts of might be able to attract a part-time cialty and, conversely, in some areas it these and other interested groups and physician through the use of special will cost less. Paying everyone the their support of the bill. pay. As I stated before, many of the same amount is an unwise and ineffec Title II of the bill would provide for VA's hospitals are being forced to con tive use of limited resources. an improved system to govern the dis tract out for needed services at great The bill would also address the prob ciplining of VA physicians, dentists, expense to the VA. For example, the lem of local scarcity. Not all vacancies nurses, and other specified health care · Seattle Medical Center spent over $1 at a medical center are reflective of a personnel. The bill would distinguish million on anesthesiology contracts in national scarcity; some are unique to for the first time between procedures fiscal year 1990. Also, the St. Louis specific locations. In these instances, to govern the handling of major versus Medical Center has spent approxi we expect that local directors would lesser adverse personnel actions affect mately $2.4 million during the same identify those specialties that are ex ing these employees. Those lesser fiscal year on radiology contracts. Mr. traordinarily difficult to recruit and cases-that is, those not arising out of Speaker, these are not isolated exam retain at their facility, though not nec a question of professional conduct or ples, but rather reflect the current sal essarily at the national level. The com competence, or not a major adverse ac ary crisis throughout the VA. mittee intends that the local director tion-would be subject to grievance Mr. Speaker, I want to take this op would request authority from the Sec procedures developed by the Secretary portunity to explain how the commit retary to pay scarce special pay in or through grievance procedures deter tee's emphasis on flexibility relates to these specialties. The committee in mined through collective bargaining. the various provisions of the bill. tends that the use of this authority Mr. Speaker, I take this opportunity Current law limits the amount of would be allowed in those instances to clarify a relatively technical point. _longevity pay for full-time physicians where geographic special pay was not New section 4261(d) would provide that to a maximum amount of up to $3,000 sufficient to meet the local need to re issues of whether a matter or question after 8 years of service and does not cruit and retain physicians in a locally concerns or arises out of professional provide a minimum amount that must scarce specialty. conduct or competence are not subject be paid. The amounts available under Let me state again the importance of to any grievance procedure provided by existing law, however, are insufficient retaining the flexibility provided in the law, regulation, or collective bargain and do not provide enough of a reten bill. For purposes of paying scarce spe ing, and may not be reviewed by any tion incentive for VA physicians con cialty and geographic location special other agency. This section is consist sidering outside employment opportu pay, the local directors could offer ent with new section 4232 (b), (d), which nities. At the committee's hearing in amounts up to the maximum amount reserves exclusively to the Secretary October 1989, witnesses testified that allowable in order to meet their re the power to determine whether a mat the Department loses many of its phy cruitment and retention needs. ter concerns, first, professional con sicians with 4 to 6 years of experience Mr. Speaker, this bill also contains duct or competence; second, peer re because their compensation from VA is several provisions applicable to certain view; or third, the establishment, de not competitive with those of their health care professionals. These provi termination, or adjustment of em peers in academic medicine and the sions would authorize collective bar ployee compensation under title 38, and private sector. If this trend continues, gaining as to certain working condi excludes determinations concerning we are going to have fewer experienced tions and provide for a revision of dis such matters from collective bargain physicians to take over our critical ciplinary procedures, including a nego ing-including grievance procedures leadership positions in the future. This tiated grievance process. pursuant to such collective bargain provision addresses the problem by in For many years, the VA and the em ing-and from review by any agency creasing both the minimum and maxi ployee unions have litigated over the other than VA. Although new section mum amounts of longevity special pay scope of collective bargaining for 4261(d) does not specifically mention available. By increasing the amount of health care professionals appointed peer review or compensation matters, special pay available, especially in the under title 38. This culminated in the the committee does not intend to au earlier years, and allowing the facility case of Colorado Nurses Association thorize either grievance procedures or director the flexibility to meet unique versus Federal Labor Relations Au outside review to extend to these mat situations, it is the committee's intent thority in which the courts decided ters which section 4232 (b), (d) excludes to curb the flow of less senior physi- that title 38 employees did not have from collective bargaining. January 30, 1991 CONGRESSIONAL RECORD-HOUSE 2571 Additionally, the bill would resolve ees that would be affected by a reorga critical importance to the VA's health concerns provoked by provisions of the nization. It would also revise the cir care system when its capabilities may Ethics Reform Act of 1989. Under the cumstances under which VA central of well become vital to our national secu act, Federal employees are prohibited fice reorganizations are reported. rity. from accepting payments for articles, Third, it would authorize reorganiza SONNY MONTGOMERY, Dr. ROY ROW speeches, or appearances as of January tions in place without any advance no LAND, and JOHN PAUL HAMMERSCHMIDT 1, 1991. There is growing recognition tice. These reorganizations do not deserve our Nation's deepest gratitude that this sweeping prohibition is not change the number of employees or the for all that they have done, including warranted and yet its impact on the work that they do. The only change is this legislation, for our men and VA is likely to be severe. In almost all one in which the bureau, agency, or of women in uniform and for our veterans universities, honoraria and royalties fice management control changes. of wars past. are regarded as both appropriate and Mr. Speaker, it is important to note Mr. Speaker, my colleagues are urged desirable sources of income for the in that these changes do not reflect a lack to give H.R. 598 their approval at a mo dividual, as long as no conflict of inter of interest on the committee's part re ment when support for our veterans est is present. The law's ban will clear garding V A's internal operations. and our military forces in Operation ly discourage from VA employment the Rather these changes are intended to Desert Storm is of paramount impor very specialists and academicians that provide the Secretary the necessary tance. VA hopes to recruit and retain. This flexibility to operate the Department Mr. Speaker, I reserve the balance of prohibition would have a particularly effectively. I believe that these provi my time. negative impact on the Department's sions provide the Secretary with the Mr. HAMMERSCHMIDT. Mr. Speaker, I join ability to recruit and retain needed flexibility that he needs to carry out my colleagues today in support of H.R. 598, part-time physicians; such part-time his mission. the Department of Veterans Affairs Physicians' medical staff allow the VA to employ Mr. Speaker, the provisions in this personnel for medical subspecial ties bill are very important to the vitality and Dentists' Compensation and Labor-Rela where there may be insufficient work of the VA's health care system. I be tions Act of 1991. This bill contains many of load to justify a full-time staff member lieve it will provide the Department the same provisions of H.R. 4557, as amend or where the cost to contract for such with the necessary tools which are ed, which was passed by the House in the care would be very expensive. critical to realizing our goal of quality 101 st Congress. Furthermore, H.R. 598 is a Mr. Speaker, if part-time physicians medical care for our veterans. compromise piece of legislation, supported by in critical subspecialties are penalized Mr. Speaker, as stated previously, both the House and Senate Committees on by being denied fees that they would the bill we are considering today re Veterans' Affairs. otherwise collect while not on duty flects a compromise agreement reached The 101 st Congress was successful in with the VA, many will seek employ between the Veterans' Affairs Commit clearing H.R. 1199, the OVA Nurse Pay Act ment elsewhere. With staffing levels al tees of the House and the Senate. for the President's signature. It is only fitting ready low in some special ties, the De Mr. Speaker, I want to thank the that we commence the 102d Congress by partment cannot afford to lose any ranking minority member of the com passing legislation which establishes vital im critical personnel. mittee, BOB STUMP, and JOHN PAUL provements in the pay structure of OVA physi Mr. Speaker, this bill would exempt HAMMERSCHMIDT' the ranking minority cians and dentists, as well as providing for inr employees of the Department's Veter member on the Hospitals and Health proved grievance procedures for title XXXVlll ans Health Services and Research Ad Care Subcommittee, for their coopera employees. These are all necessary compo ministration from the restrictions con tion in working out this compromise nents to enhance the recruitment and reten tained in the Ethics Reform Act of with the other body. tion efforts of the OVA. 1989. However, the bill provides an im I would also like to thank the distin The current pay structure has perpetuated a portant safeguard. It clearly states guished gentleman from Georgia [Mr. staffing shortage in OVA hospitals of immense that receipt of outside payments must ROWLAND] for his assistance in working proportion. The OVA finds it increasingly dif not create a conflict of interest or the out this compromise. His medical ficult to compete with the private sector as the appearance of a conflict of interest. background and clinical experience disparity in basic pay continues to grow. H.R. Mr. Speaker, in keeping with the aim were of great value to us. 598 provides relief by increasing the amounts of providing the Department with Finally, I want to thank the Mem of special pay available for physicians, den greater flexibility to meet critical bers of the other body for their co tists, and other dedicated health care profes needs, this bill seeks to provide a meas- operation, Senators ALAN CRANSTON, sionals. ' ure of flexibility to VA in carrying out chairman of the Senate Veterans' Af This bill further provides for local flexibility administrative reorganizations. The fairs Committee, and FRANK MURKOW for directors of OVA medical centers by allow need for such changes was highlighted SKI, of Alaska, the ranking minority ing them to set the amounts of special pay by VA 's experience in attempting to re member. within given ranges. It was the judgment of organize the structure of its medical I urge my colleagues to support the both the House and Senate Committees on regions by reducing the number of re bill. Veterans' Affairs that the pay levels outlined in gions from seven to four. As with any Mr. Speaker, I reserve the balance of H.R. 598 are sufficient to adequately conr changes, there were some difficulties my time. pensate OVA physicians and dentists. To set with the reorganization. This bill ad Mr. STUMP. Mr. Speaker, I yield my these pay levels any lower would defeat the dresses some of those problems by re self such time as I may consume. purpose of the bill. laxing existing restrictions on reorga Mr. Speaker, I rise in support of H.R. Finally, H.R. 598 reaffirms OVA employees' nizations and allowing the Secretary 598, as amended, a bill for improved VA rights, as Federal employees, to collective bar more flexibility to manage the Depart physicians' and dentists' special pay gaining, as well as sets regulations for hours, ment efficiently. and for. other purposes. conditions of employment, and leaves of ab First, it would allow the Secretary to Our chairman, SONNY MONTGOMERY. sence. This bill also exempts OVA Veterans' submit plans for reorganizations at any has explained the basic provisions of Health Service and Research Administration time during the year. Currently, these the bill, and I am going to defer to the employees from the Ethics Reform Act of plans must be presented along with the distinguished ranking member of the 1989, thus allowing them to accept honoraria. Department's budget submissions. Subcommittee on Hospitals and Health As we face inevitable casualties and injuries Second, it would revise the definition Care, JOHN PAUL HAMMERSCHMIDT, for from our involvement in the Persian Gulf, our of an administrative reorganization any further remarks he may care to OVA hospitals must be prepared to give the subject to the law's reporting require make on the bill's substance. My good highest quality of care by top-notch profes ments. It would do so by increasing the friends from Mississippi and Arkansas sionals. H.R. 598 is certainly a substantial percentages of the number of employ- are continuing to follow up on issues of step in attracting skilled medical professionals 2572 CONGRESSIONAL RECORD-HOUSE January 30, 1991 to provide our Nation's deserving veterans, old some casualties now over in the Per service of our veterans. For many, the sac and young, with the best possible care. sian Gulf, and as the primary backup rifice is too great, and they cannot afford to Mr. MONTGOMERY. Mr. Speaker, I for our military medical hospitals, and enter or remain in the system. H.R. 598 will yield such time as he may consume to I hope we do not have any more wound permit the payment of more competitive sala the gentleman from Georgia [Mr. ROW ed, but if we do, they will come back to ries to VA doctors and dentists and will help LAND], a member of the Veterans' Af our VA health care facilities around reduce the private sector's overwhelming com fairs Committee. the country. Eighty Veterans Depart petitive advantage over the VA in the recruit Mr. ROWLAND. Mr. Speaker, I thank ment hospitals are on alert now. Beds ment of medical professionals. the chairman for yielding this time to are available to receive those wounded. Mr. Speaker, I find myself once again in me, and also thank him for bringing We all hope we do not have to use debted to my dearest of friends, the wise and this legislation to the floor. I thank them, but certainly we have to be pre honorable gentleman from Mississippi, Chair the ranking minority member, the gen pared. My point is that with this legis man SONNY MONTGOMERY. His dedication to tleman from Arizona, Mr. STUMP, and lation we are talking about, we can the care of our veterans knows no bounds. My the gentleman from Arkansas, Mr. keep the quality and get more quality esteemed and learned colleague, the Repub JOHN PAUL HAMMERSCHMIDT, ranking in our veterans' hospitals with health lican chairman of the House Committee on minority member on the Hospitals and care professionals, not only doctors Veterans' Affairs, the Honorable Boe STUMP, Health Care Subcommittee, for the and nurses, but technicians. We can is also to be commended for his exacting work work that they have done on this legis give better service to our veterans, on this and all veterans' legislation. lation. plus our new veterans in combat in Mr. Speaker, this is a sensible, fair and nec Mr. Speaker, our VA health care cen that faraway place in Saudi Arabia and essary bill. I urge my colleagues to vote "aye". ters have been trying to cope with Kuwait. · Mr. MILLER of Ohio. Mr. Speaker, I rise in shortages of physicians and dentists for Mr. ROWLAND. Mr. Speaker, the support of this worthy legislation-H.R. 598- a number of years. We have not pro gentleman is exactly right. We have and I want to take this opportunity to com vided special pay to recruit and retain been having difficulty for a good many mend the chairman of the Veterans Affairs physicians and dentists in the VA sys years now in trying to continue to pro Committee and the minority leadership on that tem for more than a decade. As a re vide the quality of care that is due our committee for bringing to the House a bill de sult, VA centers have been getting by veterans, and have been able to do that signed to improve the quality of health care for as best they can. But the situation is only because of the dedication of the our Nation's veterans. getting more critical every day. people that work in the VA. With the Nation's attention rightfully focused At last count, the VA system had As the gentleman pointed out, veter on events in the Persian Gulf, interest in our more than 500 vacancies out of the ans who may be coming back who have veterans-those brave Americans who have some 7,000 full-time physician posi been wounded, and we hope there are served in previous conflicts-has increased, tions. This does not count the many not many, but it is quite possible that as well. Those veterans needing medical at positiqns that are filled by contracting many would have to come to the VA. tention deserve nothing less than the best out or by retaining part-time physi I think it is important that we get care which can be provided by the Depart cians. prepared for this, and not let the horse ment of Veterans Affairs. VA medical facilities The Carl Vinson VA Medical Center leave the barn and find anyone lacking must be responsive. They must be well staffed in Dublin, GA, in my congressional dis severely in being able to supply the by those best qualified to give excellent care trict, has five vacancies out of a full kind of care that is needed for the and service to veterans and their dependents. time physician staff of 38. Three of brave men and women who are now de The VA medical system must compete for those positions have been filled with fending our freedom and the freedom of highly professional and well trained care pro contract physicians, two remain un the entire world in the Persian Gulf viders. The record shows that the need to re filled. area. cruit and retain quality doctors and dentists for This is not an efficient way to oper Mr. CONTE. Mr. Speaker, I rise in support our military forces and veterans is overwhelm ate. It costs twice as much to retain of H.R. 598. ing. Without the pay incentives and increases physicians on a contract basis as it Mr. Speaker, thunderous applause filled this included in this measure, the public sector does to employ them on a full-time Chamber last night in demonstration of our the VA facilities-will lose out, again, to the basis. Contracting out also does not support for our troops overseas. Let there be private sector. The veteran will lose, and we provide the kind of stability we need at no mistake: this Congress stands behind our as a society---<;annot afford to let that happen. our VA Hospitals and stability is a servicemen and servicewomen all the way. There are limits on the use of special pay. must. These hospitals will probably be The brave young men and women who risk This bill does not open up a fiscal floodgate. needed even more, due to the war in everything on behalf of their country deserve It gives us the means to bring equity to pay for the gulf. our continued support, long after they return those expected to care for our veterans. This H.R. 598 provides for special pay in home from the fields of war and the deserts of is a matter of fairness. The bill deserves air creases to VA physicians and dentists battle. This is as true for our veterans of World proval. I urge the House to approve it. based on such factors as length of serv War II, Korea, Vietnam and other engage Mr. GILMAN. Mr. Speaker, I am pleased to ice, level of responsibility, and prevail ments as it is for our valiant forces in the Per rise in support of H.R. 598, the Physicians' ing area pay levels. It also establishes sian Gulf. and Dentists' Pay Amendments and Labor Re new procedures for dealing with em Mr. Speaker, passage of the bill before us lations Act. ployee grievances. It is a bill that pro will help strengthen the hospital system of the I would like to commend the distinguished vides the kind of reform that has long Department of Veterans Affairs. This system chairman of the Veterans' Committee, the been needed. provides medical care to our veterans and gentleman from Mississippi [Mr. MONTGOMERY] Mr. Speaker, this bill is essential if may be called upon to treat Persian Gulf cas for introducing this important measure, and the we are to fulfill the promise of quality ualties as well. ranking minority member, the gentleman from health care that we have given our vet The biggest problem faced by the VA hos Arizona [Mr. STUMP] for his unceasing efforts erans. pitals is their inability to compete with the pri on behalf of our Nations veterans. vate sector for qualified health care profes H.R. 598 is intended to enhance the Depart D 1510 sionals. Last year, we passed a special pay ment of Veterans Affairs' ability to recruit and Mr. MONTGOMERY. Mr. Speaker, act to attract nurses to the system. Today's retain quality physicians, dentists, and other will the gentleman yield? companion bill will provide for scales of spe health-care professionals. This measure au Mr. ROWLAND. Mr. Speaker, I yield cial pay for physicians and dentists. thorizes the Department of Veterans Affairs to to the gentleman from Mississippi. Mr. Speaker, the medical professionals in increase special pay for medical professionals Mr. MONTGOMERY. The gentleman the VA system are among the Federal Gov in order to make DVA's salaries more com makes an excellent point that I would ernment's brightest stars. These dedicated petitive with the private sector, as well as sets like to follow up on. We are getting men and women sacrifice a great deal in the limitations on the use of this special pay. January 30, 1991 CONGRESSIONAL RECORD-HOUSE 2573 Mr. Speaker, veterans health care must not to those areas in greatest need. Under the Chairman MONTGOMERY deserves credit for, be neglected. There are flaws in the health legislation, special pay can be awarded to pro once again, bringing attention to the plight of care programs that need to be corrected. H.R. fessionals with exceptional qualifications, or our veterans service systems. H.R. 598 takes 598 attempts to resolve many of the difficulties concentrated in areas where recruitment and steps to deal with the problem of retaining the OVA has with recruiting and retaining phy retention is a particular problem. Additionally, medical professionals by increasing the salary sicians and dentists. H.R. 598 gives more authority to VA medical levels of VA physicians and dentists. These in This measure sets regulations for hours, center directors to adjust pay to address the creases would be based on factors such as conditions of employment, and leaves of ab unique difficulties their institution may face. length of service, level of responsibility, and sence for various medical professionals and H.R. 598 also makes changes to allow services in a specialty or geographic area medical support personnel serving the OVA. health care professionals to accept honoraria where recruitment or retention is difficult. Additionally, H.R. 598 establishes avenues for work outside the VA. Currently, VA workers In addition, the legislation authorizes collec and procedures by which full-time permanent are not permitted to accept honoraria and it is tive bargaining and a negotiated grievance employees may appeal adverse personnel ac believed that this policy makes it more difficult procedure for VA health care workers. Under tion. for the VA to recruit and retain well qualified the legislation, the VA would be required to Mr. Speaker, now, more than ever, the qual professionals. issue regulations regarding hours, conditions ity of health care for our Nation's veterans Mr. Speaker, this legislation is very impor of employment and leaves of absence for must not deteriorate. H.R. 598 takes the nec tant in order to maintain the delivery of quality health care employees as well. essary steps needed in providing the health care to veterans. Compounding the real need It is no mystery that once the war in the care our veterans deserve. for this legislation is the situation in the Per Persian Gulf comes to an end, hopefully soon Accordingly, I fully support this measure, sian Gulf, which may result in yet greater de er rather than later, a whole new class of vet and urge my colleagues to vote in favor of it. mands upon the VA for health care services. erans will be in need of care and assistance. Mr. HARRIS. Mr. Speaker, I rise to express Mr. Speaker, H.R. 598 is a good bill and I Our veterans service-delivery system is al my strong support for House Resolution 598, urge my colleagues to join in my support of ready swamped. We must prepare now for the the Department of Veterans Affairs Physicians' the measure. anticipated influx of new cases. and Dentists' Compensation and Labor-Rela I thank Chairman MONTGOMERY for his lead tions Act of 1991. This bill will reform the com Mr. McGRATH. Mr. Speaker, I rise today in strong support of H.R. 598, the Physicians' ership and look forward to working with him in pensation rates for physicians and dentists the future on the problems affecting our veter who serve our Nation's veterans in VA medi and Dentists' Pay Amendments and Labor Re lations Act. ans. cal centers. Mr. STUMP. Mr. Speaker, I have no I believe this bill is vitally important to our Salary levels of Department of Veterans Af fairs physicians and dentists were last set in further requests for time, and I yield veterans, because it will assure that special back the balance of my time. ized health care professionals remain an inte 1980. The OVA faces difficulty in recruiting and retaining highly qualified physicians and Mr. MONTGOMERY. Mr. Speaker, I gral part of the VA medical system. Without have no further requests for time, and this pay reform, I believe many physicians and dentists, especially in metropolitan areas. H.R. 598 provides the OVA with the flexibility to ad I yield back the balance of my time. dentists would leave the system. The ultimate The SPEAKER pro tempore (Mr. price would be paid by our veterans when dress the recruitment and retention problems at the local level by authorizing pay increases HARRIS). The question is on the motion specialists are no longer available to perform offered by the gentleman from Mis surgery such as orthopedic reconstructive sur to professional medical staff. Under the bill, physicians and dentists will be eligible for pay sissippi [Mr. MONTGOMERY] that the gery. House suspend the rules and pass the The measure authorizes the medical direc increases based on factors such as length of service, level of responsibility, and service in a bill, H.R. 598, as amended. tors at VA facilities to create special pay in The question was taken. centives for those physicians and dentists who specialty or geographic area where there are recruitment and retention difficulties. Mr. STUMP. Mr. Speaker, on that I are most in demand. These special pay rates demand the yeas and nays. will be both flexible and responsive to individ There are currently 20,000 OVA beds not in use today because of an acute shortage of The yeas and nays were ordered. ual situations throughout the medical system. The vote was taken by electronic de As you may be aware, many of our specialists health care personnel. With the OVA recently vice, and there were--yeas 399, nays 0, are part-time employees. This bill exempts stating that they will accommodate Operation not voting 35, as follows: these medical professionals from the Ethics Desert Storm casualties, the need for qualified Reform Act of 1989, allowing them to maintain physicians has never been greater. [Roll No. 18] their private practice as well as provide spe Again, I want to thank Chairman MONTGOM YEAS-399 cialized medical service to our veterans. With ERY and the Veterans' Affairs Committee for Abercrombie Bonior Conte out this exemption, many of these specialists their expeditious work this week. I urge my Alexander Borski Conyers Alla.rd Boucher Cooper would choose to pursue full-time employment colleagues to join me in voting for H.R. 598 Anderson Brewster Costello in the private sector. In addition, this exemp and send a message of support to our OVA Andrews (NJ) Brooks Coughlin tion acts as a valuable recruitment incentive. physicians. Andrews (TX) Broomfield Cox (CA) Ms. WATERS. Mr. Speaker, approximately Annunzio Browder Cox (IL) Last year the House VA Committee drafted Applegate Brown Coyne similar legislation which was overwhelmingly 20,000 beds are no longer in use at VA hos Archer Bruce Cramer supported by the House of Representatives. pitals, many due to a shortage of VA doctors. Arrney Bryant Cunningham Unfortunately, the other body did not act upon According to the Veterans Affairs Committee, Aspin Bunning Dannemeyer Atkins Burton Darden the issue before adjournment. I am hopeful special pay for VA physicians and dentists Au Coin Bustamante Davis that this bill will be favorably received by the intended to improve recruitment and retention Bacchus Byron de la Garza Senate VA Committee to ensure quick pas of these health care workers-has not been Baker Callahan DeFazio Ballenger Camp DeLauro sage of this bill. Our veterans need assurance increased since 1980. As a result, it is critical Barnard Campbell (CA) DeLay that the VA medical system will continue to that we pass H.R. 598 to begin to address this Barrett Campbell (CO) Derrick run efficiently with high quality personnel. I problem. Bartlett Ca.rd in Dickinson urge my colleagues to support its passage. I have spoken before about the difficult state Barton Carper Dicks Bateman Cari Dingell Mr. SMITH of New Jersey. Mr. Speaker, I in which our veterans' care facilities find them Beilenson Chandler Dixon rise in support of H.R. 598, the Physicians' selves today. Funding continues to be a prob Bennett Chapman Dooley and Dentists' Compensation and Labor-Rela lem in many different areas. One of the most Bentley Clay Doolittle Bereuter Clement Dorgan (ND) tions Act of 1991. H.R. 598 improves the critical, it seems to me, is the financial inability Berman Clinger Dorna.n (CA) working conditions for VA health care profes to retain the services of qualified, competent Bevill Coble Downey sionals and provides more flexibility in pay doctors and dentists. There is certainly no Bilbray Coleman (MO) Dreier rates for workers. shortage of demand for their services. We Bilirakis Coleman (TX) Duncan Bliley Collins (IL) Durbin H.R. 598 provides pay increases for VA must see to it that the supply of caregivers Boehlert Collins (Ml) Dwyer health care workers and targets the increases matches the demand of its patients. Boehner Combest Dyma.lly 2574 CONGRESSIONAL RECORD-HOUSE January 30, 1991
Early Kyl Pursell Weber Wilson Ya.tron hopeful the Senate will act quickly on compa~ Eckart La.Fa.lee Quillen Weldon Wise Young (AK) Edwards (OK) La.gorna.rsino Ramstad Wheat Wolf Young (FL) ion legislation. Edwards (TX) La.nca.ster Rangel Whitten Wyden Zeliff Emerson La.ntos Ravenel Willia.ms Wylie Zimmer Engel La.Rocco Ray PERSONAL EXPLANATION English Laughlin Reed NAYS-0 Erdreich Lea.ch Regula. NOT VOTING-35 Mr. McDERMOTT. Mr. Speaker, dur Espy Lehma.n (CA) Rhodes ing rollcall No. 18 on H.R. 598, I was un Evans Lehma.n (FL) Richardson Ackerman Hefner Schulze avoidably detained. Had I been present, Fa.seen Lent Ridge Andrews (ME) Kennedy Smith (IA) Fa.well Levin (Ml) Riggs Anthony Lloyd Snowe I would have voted "yes." Fa.zio Levine (CA) Rinaldo Boxer Lowey (NY) Staggers Feighan Lewis (CA) Ritter Condit McCurdy Synar Fields Lewis (FL) Roberts Cra.ne McDermott Tauzin Dellums Mrazek Uda.11 PERSONAL EXPLANATION Fish Lewis (GA) Roe Mr. PORTER. Mr. Speaker, I was unavoid Fla.ke Lightfoot Roemer Donnelly Owens (UT) Unsoeld Ford (Ml) Lipinski Rogers Edwards (CA) Pelosi Weiss ably detained and was not present on the Ford (TN) Livingston Rohra.bacher Foglietta Porter Wolpe House floor for rollcall No. 18. Fra.nk (MA) Long Ros-Lehtinen Gaydos Ra.hall Yates Gejdenson Rostenkowski Had I been present, I would have voted Franks (CT) Lowery (CA) Rose Frost Luken Roth "yea." Gallegly Machtley Roukema. 0 1536 Ga.Ho Madigan Rowland Mr. THOMAS of California and Mr. Geka.s Manton Roybal DICKINSON changed their votes from PERSONAL EXPLANATION Gephardt Markey Russo Mr. RAHALL. Mr. Speaker, I was unavoid Geren Marlenee Sabo "nay" to "yea." Gibbons Ma.rtin Sanders So (two-thirds having voted in favor ably absent from the Chamber and unable to Gilchrest Martinez Sa.ngmeister thereof) the rules were suspended and vote on H.R. 598, the VA physician and de~ Gillmor Matsui Sa.ntorum tist pay bill. Had I been present and voting, I Gilman Mavroules Sa.rpe.li us the bill, as amended, was passed. Gingrich Ma.zzoli Savage The result of the vote was announced would have voted "aye." Glickma.n McCandless Sawyer as above recorded. Gonzalez Mccloskey Saxton Goodling McCollum Schaefer A motion to reconsider was laid on LEGISLATIVE PROGRAM Gordon McCrery Scheuer the table. Goss Mc Dade Schiff (Mr. MICHEL asked and was given Gra.dison McEwen Schroeder permission to address the House for 1 Grandy McGrath Schumer minute.) Gra.y McHugh Sensenbrenner PERSONAL EXPLANATION Green McMillan (NC) Serra.no Ms. PELOSI. Mr. Speaker, I offer a personal Mr. MICHEL. Mr. Speaker, I am tak Gua.rini McMillen (MD) Sharp explanation of my absence from vote on roll ing this time for the purpose of inquir Gunderson McNulty Sha.w ing of the distinguished majority lead Ha.11 (OH) Meyers Sha.ys call No. 18, passage of H.R. 598, the VA Phy Ha.ll (TX) Mfume Shuster sician and Dentist PCJY Act. I was unavoidably er the program for next week. Ha.mil ton Michel Sikorski delayed due to an official meeting on the Per Mr. GEPHARDT. Mr. Speaker, will Ha.rrunerschmidt Miller(CA) Sisisky sian Gulf. Had I been here to vote, I would the gentleman yield? Hancock Miller (OH) Skaggs Mr. MICHEL. I yield to the distin Hansen Miller (WA) Skeen have voted "aye." Ha.rris Mineta Skelton guished majority leader, the gentleman Hastert Mink Slattery from Missouri [Mr. GEPHARDT]. Hatcher Moa.kley Slaughter (NY) PERSONAL EXPLANATION Mr. GEPHARDT. I thank the gen Ha.yes (IL) Molinari Sla.ughter (VA) Ha.yes (LA) Mollohan Smith (FL) Mrs. LOWEY. Mr. Speaker, during consider tleman for yielding. Hefley Montgomery Smith
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