E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, MONDAY, JULY 12, 1999 No. 97 House of Representatives The House met at 12:30 p.m. and was S. 776. An act to authorize the National The Chair recognizes the gentleman called to order by the Speaker pro tem- Park Service to conduct a feasibility study from Oregon (Mr. BLUMENAUER) for 5 pore (Mr. NEY). for the preservation of the Loess Hills in minutes. western Iowa. f f S. 1027. An act to reauthorize the partici- DESIGNATION OF SPEAKER PRO pation of the Bureau of Reclamation in the PORTLAND ACCESS SITUATION TEMPORE Deschutes Resources Conservancy, and for other purposes. Mr. BLUMENAUER. Mr. Speaker, my The SPEAKER pro tempore laid be- S. 1257. An act to amend statutory dam- goal in Congress is to make sure that fore the House the following commu- ages provisions of title 17, United States the Federal Government is a construc- nication from the Speaker: Code. tive partner in promoting livable com- WASHINGTON, DC, S. 1258. An act to authorize funds for the munities. Today, increasingly, an im- July 12, 1999. payment of salaries and expenses of the Pat- portant part of promoting livable com- I hereby appoint the Honorable ROBERT W. ent and Trademark Office, and for other pur- munities deals with the Internet con- NEY to act as Speaker pro tempore on this poses. S. 1259. An act to amend the Trademark nection that our cities and counties day. have with the rest of the world. J. DENNIS HASTERT, Act of 1946 relating to dilution of famous Speaker of the House of Representatives. marks, and for other purposes. The Federal Government has played S. 1260. An act to make technical correc- a very constructive role in assisting f tions in title 17, United States Code, and schools and libraries with the E-Rate. MESSAGE FROM THE SENATE other laws. It has provided an important resource S. Con. Res. 36. Concurrent resolution con- A message from the Senate by Mr. for over 32,000 communities over the demning Palestinian efforts to revive the last 3 years and potentially up to $4 Lundregan, one of its clerks, an- original Palestine partition plan of Novem- nounced that the Senate had passed ber 29, 1947, and condemning the United Na- billion in these first 2 years. bills and a concurrent resolution of the tions Commission on Human Rights for its Just as important as the leadership following titles, in which the concur- April 27, 1999, resolution endorsing Pales- for schools and libraries with the E- rence of the House is requested: tinian self-determination on the basis of the Rate, Congress and the FCC now has original Palestine partition plan. S. 323. An act to redesignate the Black the opportunity to ensure that commu- Canyon of the Gunnison National Monument The message also announced that nities have access to the Internet serv- as a national park and establish the Gunni- pursuant to Public Law 105–277, the ice providers of their choice with cable son Gorge National Conservation Area, and Chair, on behalf of the Majority Lead- broadband networks. for other purposes. er, who consulted with the Speaker of This leadership is going to be in- S. 376. An act to amend the Communica- the House and the Minority Leaders of creasingly important in the future as tions Satellite Act of 1962 to promote com- cable systems are concentrated around petition and privatization in satellite com- the Senate and the House, announces munications, and for other purposes. the designation of Allan H. Meltzer, of the country. Only L.A. and New York S. 416. An act to direct the Secretary of Pennsylvania, as the Chairman of the are expected to have more than one Agriculture to convey to the city of Sisters, International Financial Institution Ad- cable system provider in the next year. Oregon, a certain parcel of land for use in visory Commission. An important chapter of this discus- connection with a sewage treatment facility. f sion is being played out in my commu- S. 606. An act for the relief of Global Explo- nity where the city of Portland and ration and Development Corporation, Kerr- MORNING HOUR DEBATES Multnomah County became the first McGee Corporation, and Kerr-McGee Chem- The SPEAKER pro tempore. Pursu- local jurisdictions in the country to re- ical, LLC (successor to Kerr-McGee Chemical Corporation), and for other purposes. ant to the order of the House of Janu- quire competition on this high-speed S. 700. An act to amend the National Trails ary 19, 1999, the Chair will now recog- Internet connection. As part of an ap- System Act to designate the Ala Kahakai nize Members from lists submitted by proval for AT&T’s purchase of the local Trail as a National Historic Trail. the majority and minority leaders for TCI cable, the city and the county re- S. 768. An act to establish court-martial ju- morning hour debates. The Chair will quired that they allow nonaffiliated risdiction over civilians serving with the alternate recognition between the par- ISPs access to their broadband net- Armed Forces during contingency oper- ties, with each party limited to 30 min- work. ations, and to establish Federal jurisdiction over crimes committed outside the United utes, and each Member, except the ma- They argue that this step was nec- States by former members of the Armed jority leader, the minority leader, or essary in order to preserve consumer Forces and civilians accompanying the the minority whip, limited to 5 min- choice. Without open access, con- Armed Forces outside the United States. utes. sumers who wish to use high-speed

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H5337

. H5338 CONGRESSIONAL RECORD — HOUSE July 12, 1999 cable modems for their Internet access, expand Medicare coverage in some who provide us health care is simply and who did not want to use the AT&T areas and to undo some of the negative wrong. That same unwillingness to pro- Excite at-home service, they would effects of the Balanced Budget Act of vide sufficient funds becomes apparent have to pay double, in effect paying 1997 using some of the additional reve- in the President’s drug bill. twice. nues that have become available, I was I give him credit for proposing that AT&T sued our local governments, ready to cheer unreservedly. I now we begin to cover prescription drugs arguing that they had no right to cheer reservedly. I would give the for some degree for lower income peo- break AT&T’s monopoly over this ac- President between 11⁄2 and 2 cheers out ple and others on Medicare. But he cess. The Federal court has ruled that of a possible 3. does not, again, do enough. For exam- the city was entirely within its power The President’s program is clearly ple, the plan says at 2008, after it is and could promote competition. Now better in all respects than anything we fully implemented, the Federal Gov- AT&T is appealing that decision. will get from the majority party in the ernment will pay up to half of $5,000 a Now, most people feel that the local House or from any of its presidential year in prescription drugs. jurisdiction is expected to prevail. But candidates. So I am glad that the Now, understand that the language it appears that the FCC, based on re- President has moved forward. But he supporting the bill says that will cover cent comments from Chairman has not moved forward enough. 90 percent to the people at that time. Kennard and an article recently in the First of all, we have to be more forth- In other words, 10 percent of the people Wall Street Journal, that the FCC is right in admitting error. Now I ac- will still not get 50 percent coverage. not yet ready to argue against AT&T’s knowledge, Mr. Speaker, this is an Others, of course, will get 50 percent. proposed monopoly. error which it is easier for me to admit But 50 percent coverage, if one is living As a result, I am exceedingly con- since I did not participate in its com- on $22,000 or $23,000 a year, and one has cerned that consumers across the coun- mittal. I am talking about the 1997 Bal- got to pay $520 a year in premiums, and try may be in the bizarre situation anced Budget Act. then one has got to pay another $2,500 where they have competition on the Congress was very proud of the Bal- for one’s half share of the $5,000, that is horse and buggy aspect, the two wires anced Budget Act, which cut Medicare pretty significant. That is $3,000 for that come in over the telephone; but to pay for capital gains tax cut and drug coverage out of one’s $22,000 or that they will have only one choice also put limits on other government $23,000. But even that, inadequate in when it comes to the 90 percent that is spending which virtually everyone in and of itself, takes too long to become the communication of the future the the House admits are unrealistic, but real. The President proposes that we start broadband. The whole point behind the admits this privately only. by only reimbursing people up to $2,000 judge’s ruling was that we ought to What we did in 1997 was to cut Medi- in drugs, and we reimburse for only have this competition. care indubitably. I am struck by the half. So in the first year, if one is pay- Some are arguing that we need a uni- number of my colleagues who now ac- ing $3,000 or $4,000 a year for one’s form system to prevent 30,000 jurisdic- knowledge that Medicare was cut too drugs, which is not unusual among tions from around the country to have deeply, although I am surprised by the older people with various ailments, the the possibility of each having their sep- number of them who appear not to Federal Government will help one to arate technical specifications. If that have been in the room when it was the extent of only $1,000 to that minus is indeed a problem, then let us deal done. the $288 one has to have paid in pre- with that problem specifically by pro- As I read, people talk about how the 1997 budget cuts now turn out unfairly miums in that first year. viding technical standards through the Why phase this in to $5,000? If the to have cut Medicare. I believe that I FCC. $5,000 is the reasonable figure, why do am seeing an interesting phenomenon. Solving the problem of technical we not get to it right away? Sometimes I cannot remember a time in history standards by granting only one com- one has to phase things in because they when so many people have disclaimed pany monopoly status sounds a lot like are complicated. One has to make sure responsibility for the entirely foresee- using communism in order to assure one gets them worked out. that there would be uniform gauges for able consequences of their own actions. But paying for half of $2,000 is not the train tracks. We can do better. The President acknowledges, having simpler than paying for half of $5,000. I urge that the FCC and Congress signed that bill, that there was error, We are talking here about a purely nu- keep an open mind on the question of but insufficiently. He is prepared to merical calculation. There was no jus- the impact of this local decision on the undo some of the harm of the 1997 tification whatsoever either, in my development of broadband communica- Budget Act, but not enough. He wants judgment, for the fact that it is too low tion infrastructure. Let us work to to, in fact, impose some cuts in the pe- or for the fact that it takes so long to solve the real problems with the goal of riod after 2002 when it would have reach that number unless we want to ensuring consumer choices. ended. cut taxes by $800 billion or $900 billion. We do not have to limit the access The President cuts hospital still too It is true, if one begrudges public simply to the 10 percent where there is much. We should remember, when we spending even for important purposes the technology of the past on the tele- are talking about reimbursement to such as helping older people pay for phone wires; and we certainly do not hospitals, we are not talking about the their medications, then one cannot af- need to use a Communist approach in income of wealthy physicians, al- ford this. But the President correctly order to make sure that we have full though physicians have a right to be repudiates the Republican effort to cut access for technical standards. concerned about their income. We are $800 billion or $900 billion. The Presi- I hope that we will be able to support talking about cutting funds that go to dent understands that that would be local governments in this important pay some of the hardest working people excessive. He should follow through on aspect of promoting livable commu- in this society who get little money for his understanding. nities. tough jobs. Inadequately compensating hospitals f The people who staff hospitals in- is not in the interest of this country. clude many people who work 7 days a Refusing to acknowledge the error that PRESIDENT’S MEDICARE week, 24 hours a day in unpleasant this Congress and this President made PROPOSAL ways, cleaning and cooking and pre- in 1997, the Balanced Budget Act, is a The SPEAKER pro tempore. Under paring patients. They are underpaid as mistake, and having too small a pre- the Speaker’s announced policy of Jan- a whole and ought to be paid more. We scription drug program ill-suits a coun- uary 19, 1999, the gentleman from Mas- should, in fact, increase substantially try of our wealth. sachusetts (Mr. FRANK) is recognized over what the President proposes what f during morning hour debates for 5 min- we do to reimburse hospitals. utes. The notion that the wealthiest soci- RECESS Mr. FRANK of Massachusetts. Mr. ety in the history of the world in the The SPEAKER pro tempore. Pursu- Speaker, when the President said he midst of a booming economy cannot af- ant to clause 12 of rule I, the Chair de- was going to announce the program to ford adequately to compensate people clares the House in recess until 2 p.m. July 12, 1999 CONGRESSIONAL RECORD — HOUSE H5339 Accordingly (at 12 o’clock and 43 nication from the Clerk of the House of THE REALITY OF THE PROPOSED minutes p.m.), the House stood in re- Representatives: IMF GOLD SALE cess until 2 p.m. OFFICE OF THE CLERK. (Mr. GIBBONS asked and was given f U.S. HOUSE OF REPRESENTATIVES permission to address the House for 1 Washingotn, DC, July 2, 1999. minute and to revise and extend his re- AFTER RECESS Hon. J. DENNIS HASTERT, The Speaker, House of Representatives, marks.) The recess having expired, the House Mr. GIBBONS. Mr. Speaker, my was called to order by the Speaker pro Washignton, DC. home State of Nevada is one of the tempore (Mr. GOODLATTE) at 2 p.m. DEAR MR. SPEAKER: Pursuant to the per- mission to clause 2(h) of rule II of the Rules largest gold producing States in the f of the U.S. House of Representatives, the Nation, but this vital industry, which PRAYER Clerk received the following message from helps put food on the table for thou- the Secretary of the Senate on July 2, 1999 at The Chaplain, the Reverend James sands of my constituents in Nevada is 11:19 a.m. that the Senate passed without in jeopardy. David Ford, D.D., offered the following amendment H. Con. Res. 35. prayer: Last Friday, the International Mone- With best wishes, I am tary Fund, also known as the IMF, re- O gracious God, we acknowledge that Sincerely we have been blessed by incredible re- JEFF TRANDAHL, affirmed its commitment to dump part sources that have enriched our nation. Clerk. of its gold reserves onto the open mar- We know too that as individuals we ket just to hide its debt losses. The bu- have opportunities that can surpass f reaucratic dreamers at the IMF con- our own hopes or visions. We pray, al- tend that this sell-off is necessary to mighty God, that we will use these re- COMMUNICATION FROM CONGRES- give financial help and relief to poor sources and blessings in ways that give SIONAL AIDE OF HON. PETER countries. While that may sound okay on the us a clearer vision of our common cre- DEUTSCH, MEMBER OF CON- surface, I am here to talk about re- ation and our shared humanity. Thus, GRESS where there is conflict, let us sow ality. The reality of this proposed gold peace; where there is hatred or envy, The SPEAKER pro tempore laid be- sale is the disruption of the global gold let us show understanding and where fore the House the following commu- market, which translates into a flooded there is estrangement between people, nication from Reva Britan, Congres- market, which translates into plum- let us practice reconciliation and love. sional Aide of the Honorable PETER meting gold prices; and the reality is In Your name we pray. Amen. DEUTSCH, Member of Congress: that many of the mines in North Amer- f WASHINGTON, DC, ica will begin closing at an alarming July 8, 1999. rate. This means thousands of Amer- THE JOURNAL Hon. DENNIS J. HASTERT, ica’s hardest working men and women The SPEAKER pro tempore. The Speaker, House of Representatives, will be out of work, unable to feed Washington, DC. Chair has examined the Journal of the DEAR MR. SPEAKER: This is to formally no- their families, all because of the IMF. last day’s proceedings and announces tify you, pursuant to rule VIII of the Rules Fortunately, the final decision does to the House his approval thereof. of the House of Representatives, that I have not rest with the international bureau- Pursuant to clause 1, rule I, the Jour- been served with a trial subpoena (for testi- crats at the IMF. This proposed IMF nal stands approved. mony) issued by the Circuit Court for gold sale must be approved by Con- Mr. GIBBONS. Mr. Speaker, pursuant Broward County, Florida in the case of State gress. to clause 1, rule I, I demand a vote on v. Bush, No. 96006912GF10A. My constituents are depending on agreeing to the Speaker’s approval of After consultation with the Office of Gen- Congress to stop this ill-conceived the Journal. eral Counsel, I have determined that compli- scheme. I adamantly oppose and am ance with the subpoena is consistent with The SPEAKER pro tempore. The committed to stopping this proposed question is on the Chair’s approval of the precedents and privileges of the House. Sincerely, giveaway and urge my colleagues to the Journal. REVA BRITAN, join me. The question was taken; and the Congressional Aide. f Speaker pro tempore announced that the ayes appeared to have it. f OPENING OF SARATOGA NATIONAL Mr. GIBBONS. Mr. Speaker, I object CEMETERY to the vote on the ground that a COMMUNICATION FROM DIRECTOR (Mr. MCNULTY asked and was given quorum is not present and make the OF CONSTITUENT SERVICES OF permission to address the House for 1 point of order that a quorum is not HON. PETER DEUTSCH, MEMBER minute and to revise and extend his re- present. OF CONGRESS marks.) The SPEAKER pro tempore. Pursu- Mr. MCNULTY. Mr. Speaker, on Fri- ant to clause 8, rule XX, further pro- The SPEAKER pro tempore laid be- day we opened the new Saratoga Na- ceedings on this question will be post- fore the House the following commu- tional Cemetery, and I was in the com- poned. nication from Susan B. Lewis-Ruddy, pany of 2,000 distinguished veterans The point of no quorum is considered Director of Constituent Services of the and a very special former colleague in withdrawn. Honorable PETER DEUTSCH, Member of this House. Two of my former col- f Congress: leagues, as a matter of fact, spent a lot PLEDGE OF ALLEGIANCE WASHINGTON, DC, of time on that project, one of them, July 8, 1999. Sam Stratton, who was a Member of The SPEAKER pro tempore. Will the Hon. DENNIS J. HASTERT, this body for 30 years. He has since gentleman from New York (Mr. Speaker, House of Representatives, passed away. Washington, DC. MCNULTY) come forward and lead the But another, thank God, was there DEAR MR. SPEAKER: This is to formally no- House in the Pledge of Allegiance. for the event itself, and that was Con- Mr. MCNULTY led the Pledge of Alle- tify you, pursuant to Rule VIII of the Rules gressman Jerry Solomon, who served giance as follows: of the House of Representatives, that I have been served with a trial subpoena (for testi- in this House for 20 years and rose to be I pledge allegiance to the Flag of the mony) issued by the Circuit Court for United States of America, and to the Repub- Chair of the Committee on Rules, and Broward County, Florida in the case of State lic for which it stands, one nation under God, it was a great honor to be in the pres- v. Bush, No. 96006912GF10A. indivisible, with liberty and justice for all. ence of all of those veterans and to be After consultation with the Office of Gen- able to look Congressman Solomon in f eral Counsel, I have determined that compli- ance with the subpoena is consistent with the eye and say: COMMUNICATION FROM THE ‘‘Thank you for your dedication CLERK OF THE HOUSE the precedents and privileges of the House. Sincerely, through the years and for allowing me The SPEAKER pro tempore laid be- SUSAN B. LEWIS-RUDDY, to be a part of those efforts for the past fore the House the following Commu- Director of Constituent Services. 10 years.’’ H5340 CONGRESSIONAL RECORD — HOUSE July 12, 1999 And now, to be able to realize that ANNOUNCEMENT BY THE SPEAKER and information programs to a total of heroes like Pete D’Alesandro, who was PRO TEMPORE $107.9 million annually, approximately a Congressional Medal of Honor winner The SPEAKER pro tempore. Pursu- a $40 million increase over current law. from my district, will be one of the ant to the provisions of clause 8, rule It is the committee’s belief that this first veterans who finds that place as XX, the Chair announces that he will increase will put the agency in the po- his final resting place, it was just an- postpone further proceedings today on sition it would have been absent the other great opportunity to be with each motion to suspend the rules on administration’s error. While this is a great Americans and to thank God for which a recorded vote or the yeas and substantial increase over the enacted my life and veterans for my way of life. nays are ordered, or on which the vote authorization levels, it is $8 million f is objected to under clause 6 of rule less than the administration’s latest XX. request, which included funding for EUROPE AND JAPAN MANIPULATE Such rollcall votes, if postponed, will items that were not part of last year’s AMERICAN MONETARY POLICY be taken after debate has concluded on authorization bill. (Mr. TRAFICANT asked and was all motions to suspend the rules, but Without increased funding, the agen- given permission to address the House not before 6 p.m. cy will not be able to crash test many for 1 minute and to revise and extend f of the new car models released in 1999 his remarks.) and 2000, depriving our constituents of CORRECTING AUTHORIZATIONS important safety information. The Mr. TRAFICANT. Mr. Speaker, pow- FOR NATIONAL HIGHWAY TRAF- erful banks of Europe now control 26 agency will also have difficulty finding FIC SAFETY ADMINISTRATION the necessary funds to work with car percent of our Federal Reserve system. PROGRAMS Think about it. The banks of Europe manufacturers and suppliers in the de- control one out of every four shares of Mr. BLILEY. Mr. Speaker, I move to velopment of the next generation of air our monetary system. suspend the rules and pass the bill bags and other safety devices. They Unbelievable. (H.R. 2035) to correct errors in the au- might even have to curtail their efforts If that is not enough to repossess our thorizations of certain programs ad- to alert the public to potential safety Lamborghinis, the same statistics re- ministered by the National Highway defects in automobiles. flect the following: Traffic Administration. This bill strikes the appropriate bal- Japan is now the single largest hold- The Clerk read as follows: ance between ensuring that the agency er of American debt. H.R. 2035 is able to meet the obligations we set Beam me up, Mr. Speaker. When Eu- Be it enacted by the Senate and House of Rep- forth in the highway bill and making rope and Japan can manipulate Amer- resentatives of the United States of America in sure that wasteful spending remains in Congress assembled, ican monetary policy, something is check. As Chairman of the Committee wrong, very wrong. SECTION 1. AMENDMENTS TO TITLE 49, UNITED on Commerce, I can assure my col- STATES CODE. leagues that we will continue our vig- I yield back all of the freebies that (a) MOTOR VEHICLE SAFETY.—Section 30104 Uncle Sam has given to Europe and of title 49, United States Code, is amended by orous oversight of this agency to make Japan since World War II. striking ‘‘$81,200,000’’ and inserting certain that the agency is meeting its ‘‘$98,313,500’’. ultimate measure of success, reducing f (b) MOTOR VEHICLE INFORMATION.—Section fatalities on the Nation’s highways. A NEW DAY IN CONGRESS 32102 of title 49, United States Code, is All of us know just how important amended by striking ‘‘$6,200,000’’ and insert- issues of auto safety are to our con- (Ms. NORTON asked and was given ing ‘‘$9,562,500’’. stituents. This bill does not relieve the permission to address the House for 1 The SPEAKER pro tempore. Pursu- Committee on Appropriations of the minute and to revise and extend her re- ant to the rule, the gentleman from need to pass transportation spending marks.) Virginia (Mr. BLILEY) and the gentle- legislation that remains within the Ms. NORTON. Mr. Speaker and new woman from the District of Columbia budget caps. However, as the transpor- Members, take note: (Ms. NORTON) each will control 20 min- tation appropriation bill moves to con- Soon Members will consider an ap- utes. ference, it gives the appropriators propriation of somebody else’s money, The Chair recognizes the gentleman added flexibility to fund automobile the residents of the District. I appre- from Virginia (Mr. BLILEY). safety programs that are important to ciate the expeditious way the District GENERAL LEAVE our constituents. appropriation is being moved this year. Mr. BLILEY. Mr. Speaker, I ask I urge my colleagues to support this The Speaker, the gentleman from Il- unanimous consent that all Members bill. linois (Mr. HASTERT), the gentleman may have 5 legislative days within Mr. Speaker, I reserve the balance of from Florida (Mr. YOUNG), and the gen- which to revise and extend their re- my time. tleman from Oklahoma (Mr. ISTOOK), marks on H.R. 2035 and to insert extra- Ms. NORTON. Mr. Speaker, H.R. 2035 with whom Mayor Tony Williams and I neous material on the bill. raises the annual budget authorization met early on, understand that D.C. The SPEAKER pro tempore. Is there for the National Highway Traffic Ad- should be first, not last. objection to the request of the gen- ministration for fiscal years 1999 We also appreciate the communica- tleman from Virginia? through 2001 to provide for an annual tion that characterizes the process led There was no objection. maximum authorization of $98.3 mil- by the gentleman from Oklahoma (Mr. Mr. BLILEY. Mr. Speaker, I yield lion for motor vehicle safety programs ISTOOK) working with the ranking myself 5 minutes. and $9.6 million for motor vehicle in- member, the gentleman from Virginia Mr. Speaker, H.R. 2035, a bill to cor- formation programs for a total annual (Mr. MORAN). rect the authorizations of certain pro- authorization of $107.9 million. An in- Mr. Speaker, all can see that this is grams at the National Highway Traffic crease in NHTSA’s authorization is a new day in the District. Let us make Safety Administration is a simple but necessary because last year, when the it a new day in the Congress as well. important measure. When NHTSA was committee acted on the reauthoriza- District residents have ordered up a reauthorized last year as part of the tion bill, NHTSA failed to provide the new mayor and a revitalized city coun- TEA–21 highway bill, the administra- committee with the correct funding re- sel. They have done their home rule tion mistakenly provided the com- quest for both its safety and informa- homework. Mayor Williams and Dis- mittee with authorization figures that tion activities. trict officials deserve a new attitude were insufficient to color the agency’s b from the Congress. That attitude be- needs. As a result, NHTSA found itself 1415 gins with basic respect for D.C. law without funds to meet its mission to With the increase in funding provided without appendages, a ‘‘you-demand’’ ensure the safety of the traveling pub- by H.R. 2035, the National Highway consent of the governed for my col- lic. Traffic Administration will be able to leagues’ constituents. Mine deserve the The bill simply increases the author- undertake important motor vehicle same. ization levels for motor vehicle safety safety and information activities that July 12, 1999 CONGRESSIONAL RECORD — HOUSE H5341 it otherwise could not. This bill was or- Whereas, once published and allowed to The Chair recognizes the gentleman dered reported by the full committee stand, scientific literature may become a from Arizona (Mr. SALMON). by voice vote. source for additional research; Mr. SALMON. Mr. Speaker, I yield Mr. Speaker, I have no further re- Whereas the Psychological Bulletin has re- myself such time as I may consume. quests for time, and I yield back the cently published a severely flawed study, en- There are no lower life forms than titled ‘‘A Meta-Analytic Examination of As- balance of my time. sumed Properties of Child Sexual Abuse adults who sexually abuse children. Mr. BLILEY. Mr. Speaker, I urge pas- Using College Samples’’, which suggests that Child molesters rob children of their sage of the bill, and I yield back the sexual relationships between adults and chil- innocense and subject them to a life- balance of my time. dren are less harmful than believed and time of nightmares. Those who engage The SPEAKER pro tempore (Mr. might be positive for ‘‘willing’’ children in this activity deserve the harshest GOODLATTE). The question is on the (Psychological Bulletin, vol. 124, No. 1, July punishment. motion offered by the gentleman from 1998); Those who excuse this evil conduct, Virginia (Mr. BLILEY) that the House Whereas, in order to clarify any inconsist- particularly those in positions of influ- suspend the rules and pass the bill, encies between the two conclusions the au- ence, are also pretty low on the food H.R. 2035. thors of the study suggest and the position of chain and deserve the harshest possible The question was taken; and (two- the American Psychological Association condemnation. thirds having voted in favor thereof), that sexual relations between children and Towards this end, we are here today the rules were suspended and the bill adults are abusive, exploitive, and reprehen- sible, and should never be considered or la- to consider House Concurrent Resolu- was passed. beled as harmless or acceptable, the Amer- tion 107, which condemns and de- The title of the bill was amended so ican Psychological Association has issued a nounces all suggestions in an article as to read: ‘‘A bill to correct errors in public ‘‘Resolution Opposing Child Sexual published in the Psychological Bul- the authorizations of certain programs Abuse’’; letin, a journal of the American Psy- administered by the National Highway Whereas the American Psychological Asso- chological Association, that sexual re- Traffic Safety Administration.’’. ciation should be congratulated for publicly lationships between adults and ‘‘will- A motion to reconsider was laid on clarifying its opposition to any adult-child ing’’ children might be positive for the table. sexual relations, which will help to deny children. f pedophiles from citing ‘‘A Meta-Analytic Ex- The resolution also stresses that amination of Assumed Properties of Child Congress will vigorously oppose any SENSE OF CONGRESS REJECTING Sexual Abuse Using College Samples’’ in a public policy or legislative attempts to NOTION THAT SEX BETWEEN legal defense, and for resolving to evaluate the scientific articles it publishes in light of normalize child sexual abuse. ADULTS AND CHILDREN IS POSI- The study in question, ‘‘A Meta-Ana- TIVE their potential social, legal, and political im- plications; lytic Examination of Assumed Prop- Mr. SALMON. Mr. Speaker, I move to Whereas the Supreme Court has recognized erties of Child Sexual Abuse Using Col- suspend the rules and agree to the con- that ‘‘sexually exploited children are unable lege Samples,’’ escaped public scrutiny current resolution (H. Con. Res. 107) ex- to develop healthy affectionate relationships until talk host Dr. Laura Schlessinger pressing the sense of Congress rejecting in later life, have sexual dysfunctions, and brought this matter to the attention of the conclusions of a recent article pub- have a tendency to become sexual abusers as her listeners. lished by the American Psychological adults’’ (New York v. Ferber, 458 U.S. 747, 758, Dr. Laura denounced the study, Association that suggests that sexual n.9 (1982)); which reviewed 59 earlier studies of du- Whereas Paidika—The Journal of Pedophilia, relationships between adults and chil- a publication advocating the legalization of bious validity, as ‘‘flawed pseudo- dren might be positive for children, as sex with ‘‘willing’’ children, has published an science.’’ She reported that 38 percent amended. article by one of the authors of the study, of the studies were never subjected to The Clerk read as follows: Robert Bauserman, Ph.D. (see ‘‘Man-Boy peer review or published, and that all H. CON. RES. 107 Sexual Relationships in a Cross-Cultural of the studies were based on self-re- Whereas no segment of our society is more Perspective,’’ vol. 2, No. 1, Summer 1989); and porting. critical to the future of human survival than Whereas pedophiles and organizations, Also unsettling, no follow-up anal- our children; such as the North American Man-Boy Love ysis occurred on the college students Whereas children are a precious gift and Association, that advocate laws to permit examined in the studies. responsibility given to parents by God; sex between adults and children are exploit- We should all be indebted to Dr. Whereas the spiritual, physical, and men- ing the study to promote and justify child Laura. While the mainstream media ig- tal well-being of children are parents’ sacred sexual abuse: Now, therefore, be it nored what some call the ‘‘emanci- duty; Resolved by the House of Representatives (the pation proclamation of pedophiles, the Whereas parents have the right to expect Senate concurring), That Congress— article did not escape the attention of government to refrain from interfering with (1) condemns and denounces all suggestions them in fulfilling their sacred duty and to in the article ‘‘A Meta-Analytic Examina- groups such as the North American render necessary assistance; tion of Assumed Properties of Child Sexual Man/Boy Love Association, which high- Whereas the Supreme Court has held that Abuse Using College Samples’’ that indicate lights the conclusions of the article on parents ‘‘who have this primary responsi- that sexual relationships between adults and its web page, and for defense attorneys bility for children’s well-being are entitled ‘‘willing’’ children are less harmful than be- who have been encouraged to cite the to the support of laws designed to aid dis- lieved and might be positive for ‘‘willing’’ article in closing arguments in child charge of that responsibility’’ (Ginsberg v. children (Psychological Bulletin, vol. 124, No. sexual abuse criminal cases. New York, 390 U.S. 629, 639 (1968)); 1, July 1998); It was irresponsible for a respected Whereas it is the obligation of all public (2) vigorously opposes any public policy or academic journal to publish a study policymakers not only to support, but also legislative attempts to normalize adult-child which implies that adult-child sex sex or to lower the age of consent; to defend, the health and rights of parents, could be a positive experience. But I families, and children; (3) urges the President likewise to reject Whereas information endangering children and condemn, in the strongest possible applaud the APA for responding to the is being made public and, in some instances, terms, any suggestion that sexual relations recent public uproar over the study by may be given unwarranted or unintended between children and adults—regardless of clarifying its opposition to any adult- credibility through release under profes- the child’s frame of mind—are anything but child sexual relations, and for prom- sional titles or through professional organi- abusive, destructive, exploitive, reprehen- ising to consider their social responsi- zations; sible, and punishable by law; and bility when making publishing deci- Whereas elected officials have a duty to in- (4) encourages competent investigations to sions in the future. form and counter actions they consider dam- continue to research the effects of child sex- The APA’s actions will help to deny aging to children, parents, families, and soci- ual abuse using the best methodology, so pedophiles from citing the study in a ety; that the public, and public policymakers, legal defense. House Concurrent Reso- may act upon accurate information. Whereas Congress has made sexual moles- lution 107 has been revised to include tation and exploitation of children a felony; The SPEAKER pro tempore. Pursu- Whereas all credible studies in this area, language praising the APA for its com- including those published by the American ant to the rule, the gentleman from Ar- mitment in fighting child sexual abuse. Psychological Association, condemn child izona (Mr. SALMON) and the gentleman While I am delighted that the Con- sexual abuse as criminal and harmful to chil- from Michigan (Mr. KILDEE) each will gress is considering this resolution de- dren; control 20 minutes. nouncing attempts to normalize child H5342 CONGRESSIONAL RECORD — HOUSE July 12, 1999 sexual abuse, our work is not done with We need to continue to reach out as harmful criminal behavior and that all sexual the passage of this resolution. Words a Nation and as a society to ensure abuse of children should be exposed. alone will not protect children from that our children are free from abuse Mr. Speaker, organizations, like people, the monsters who prey on them. and neglect. This involves a three- make mistakes. The test of integrity is the abil- Typically, sexual predators who vic- pronged approach of education, preven- ity to admit a mistake and correct it. The timize children receive light prison tion, and treatment. American Psychological Association has sentences in this country. On average, We need to continue our educational shown great courage in doing just this. In the a convicted child molester, that is, not efforts with young children to teach battle against child abuse, the APA is fighting one who plea bargains down to a lesser them what is and what is not appro- on the right side. offense, serves less than 4 years behind priate behavior by adults. We need to Mr. KILDEE. Mr. Speaker, I have no bars, and recidivism rates are quoted continue prevention efforts aimed at further requests for time, and I yield as high as 70 percent. Those are just reducing the likelihood that our chil- back the balance of my time. the ones who get caught. In other dren will find themselves in inappro- Mr. SALMON. Mr. Speaker, I have no words, they get out of prison and they priate situations that can lead to further requests for time, and I yield prey on children again and again. The abuse. back the balance of my time. next time, the pedophiles may end up We also need to provide treatment The SPEAKER pro tempore. The killing the child to make sure there is for those who have been the victims of question is on the motion offered by not evidence so they can be put away abuse so they can recover and lead suc- the gentleman from Arizona (Mr. again. cessful, productive lives. SALMON) that the House suspend the In my opinion, the average sentence Mr. Speaker, in closing, I join those rules and agree to the concurrent reso- is about 96 years too short. The Con- who have and will rise to condemn lution, H. Con. Res. 107, as amended. gress took an important step in ad- child sexual abuse. Child sexual abuse The question was taken. dressing this problem recently when not only has devastating consequences Mr. SALMON. Mr. Speaker, on that I both the House and Senate voted with for its victims, but also for all of soci- demand the yeas and nays. huge bipartisan majorities for Aimee’s ety. It is important to remember that The yeas and nays were ordered. Law, otherwise known as the No Sec- no amount of legal or professional leg- The SPEAKER pro tempore. Pursu- ond Chances for Murderers, Rapists, or erdemain can detract from the inher- ant to clause 8 of rule XX and the Child Molesters Act. ent evil caused by child sexual abuse. Chair’s prior announcement, further My initiative would encourage States Mr. DELAY. Mr. Speaker, I rise today to to keep child molesters and other seri- proceedings on this motion will be congratulate the American Psychological As- ous criminals behind bars for longer postponed. sociation for clarifying its position on sentences, which would prevent lit- f pedophilia. Without question, sexual abuse of erally thousands each year of 100 per- minors is child abuse. Child abuse is a plague GENERAL LEAVE cent preventable offenses, either child on this country that cannot be overlooked or sexual assaults or other crimes that Mr. SALMON. Mr. Speaker, I ask obscured by pseudo-scientific doubletalk. occur each year by those who are let unanimous consent that all Members In these timesÐwith so much talk about vic- out of prison for committing exactly may have 5 legislative days within timization and harassmentÐit amazes me that the same crime. which to revise and extend their re- Before I close, I would like to thank there is any confusion regarding the patently marks on House Concurrent Resolution the distinguished majority whip, the perverse nature of sexual abuse of children. 107, as amended. gentleman from Texas (Mr. DELAY), There simply can be no equivocation about The SPEAKER pro tempore. Is there and the gentleman from Pennsylvania the obvious emotional devastation that is objection to the request of the gen- (Mr. GOODLING), the chairman of the caused when adults have sexual relations with tleman from Arizona? Committee on Education and the children. There was no objection. Workforce, for their assistance in mov- Sexual activity between an adult and a child f ing House Concurrent Resolution 107 is always abusive and always criminal in all forward. casesÐperiod. URGING THE RELEASE OF THREE I also would like to thank the gentle- The fact that this obvious reality has been PRISONERS IN YUGOSLAVIA men from Pennsylvania, Mr. PITTS and clouded recently is an indictment of the liberal Mr. SALMON. Mr. Speaker, I move to Mr. WELDON, for all of their work on secularization of the culture. Too many of us suspend the rules and agree to the con- the resolution. today worship the self and the moment with current resolution (H. Con. Res. 144) Finally, the Family Research Council no regard for future consequences. urging the United States Government should be commended for their efforts Well, our children are our future and both and the United Nations to undertake to educate Members of Congress about should be safeguarded. The days ahead will urgent and strenuous efforts to secure how the public release of the Meta- be dark indeed if our society turns a blind eye the release of Branko Jelen, Steve Analytic study is an assault on chil- to abuse of innocent ones. Pratt, and Peter Wallace, 3 humani- dren. There can be no compromises in the war tarian workers employed in the Fed- Mr. Speaker, I urge my colleagues to against child abuse. We must all be eternally eral Republic of Yugoslavia by CARE make a strong congressional statement vigilant in this most important cause. International, who are being unjustly in opposition to efforts to normalize Every so often, trendy social theories and held as prisoners by the Government of child sexual abuse, and vote in favor of politically-motivated psychological hypotheses the Federal Republic of Yugoslavia. House Concurrent Resolution 107. creep into the mainstream. At first, such ideas The Clerk read as follows: Mr. Speaker, I reserve the balance of go unchallenged because they seem too crazy H. CON. RES. 144 my time. to be taken seriously. But after awhile, the mo- Mr. KILDEE. Mr. Speaker, I yield mentum shifts against common sense. Whereas Branko Jelen, Steve Pratt, and Bad ideas have bad consequences and the Peter Wallace are 3 humanitarian workers myself such time as I may consume. employed in the Federal Republic of Yugo- Mr. Speaker, I join those who rise to damage to society must always be combated slavia by CARE International, the relief and condemn child sexual abuse. Too many in every field. development organization, providing food, of our children fall prey to sexual The American Psychological Association medicines, and fuel to more than 50,000 Ser- abuse, often by those whom they know made a mistake by publishing a study that bian refugees in Serbia and to displaced eth- and too often by those whom they used pseudo-scientific jargon to advise that nic Albanians in Kosovo; trust. sexual relations between adults and children Whereas Steve Pratt and Peter Wallace, 2 Statistics show that 90 percent of all are not always abusive. Australian nationals, were detained on sexual abuse cases go unreported, and Such a study by such a prestigious institu- March 31, 1999, and later accused of operating worse, unpunished. Nevertheless, child and managing a spy ring and being employed tion gives credibility and potential legal de- by a spy ring, and Branko Jelen, a citizen of sexual abuse can have devastating con- fenses to pedophiliac sickos. the Federal Republic of Yugoslavia, was ar- sequences on a victim’s future employ- After the controversy was exposed, the APA rested 1 week later on the same charges; ment, health, and familial relation- admitted its error in publishing the report and Whereas on March 30, 1999, CARE Inter- ships. underscored its position that pedophilia is national received a letter of commendation July 12, 1999 CONGRESSIONAL RECORD — HOUSE H5343 from the Government of the Federal Repub- (Mr. SALMON asked and was given and I would like to thank the gen- lic of Yugoslavia relating to CARE Inter- permission to revise and extend his re- tleman from New York (Mr. GILMAN), national’s humanitarian work in the Federal marks.) the chairman of the Committee on Republic of Yugoslavia; Mr. SALMON. Mr. Speaker, on March Whereas 1 of the 3 men, Steve Pratt, ap- International Relations, and the rank- peared on Serbian television on April 11, 31, 1999, Serbian authorities detained ing member, the gentleman from Con- 1999, and he was coerced into saying that he Mr. Steve Pratt, Mr. Peter Wallace of necticut (Mr. GEJDENSON) for their sup- had performed covert intelligence activities; Australia, and Mr. Branko Jelen of port in supporting House Concurrent Whereas the 3 CARE International human- Serbia who were carrying out their du- Resolution 144. itarian workers were held without access to ties as employees of CARE/Australia. This resolution serves as a reminder outsiders for 20 days; These men, who were endeavoring to that three humanitarian aid workers Whereas on May 29, 1999, a Serbian mili- provide humanitarian assistance to are now being held unjustly in Yugo- tary court dismissed every element of the original indictment against the 3 CARE victims of Serbian aggression in slavia. These three CARE workers in International humanitarian workers, but Kosovo, were subsequently charged the organization called CARE were ar- then proceeded to convict the 3 individuals with espionage and are now being un- rested and falsely accused of espionage. on an entirely new charge of passing on in- justly held as prisoners in Serbia. b 1430 formation to a foreign organization, namely The detention of these individuals CARE International, and sentenced Pratt to strikes at the very heart of the ability They were wrongly convicted by a 12 years, Jelen to 6 years, and Wallace to 4 of humanitarian and aid organizations Serbian military court and received years; such as CARE to operate in conflicts sentences ranging from 4 to 12 years. Whereas this last charge was introduced at such as the one in Kosovo. It is note- Let me tell a little bit about the the reading of the verdict, denying lawyers background. Steve Pratt and Peter for the 3 CARE International humanitarian worthy that the actual charges they workers any opportunity to mount an appro- were convicted of concerned only the Wallace are two Australian nationals priate defense; passing of situation reports on the con- who were employees of CARE. They Whereas it appears the 3 CARE Inter- ditions in Kosovo to their headquarters were detained on March 31, 1999, and national humanitarian workers were con- in order for CARE to be able to deter- later accused of operating and man- victed of providing ‘‘situation reports’’ to mine the needs of the population it was aging a spy ring and being employed by their head office and other CARE Inter- attempting to assist and the conditions a spy ring. Branko Jelen, who is a cit- national offices around the world, based on izen of the Federal Republic of Yugo- legitimately gathered information, nec- under which its employees were work- essary to enable CARE International man- ing in Kosovo. slavia, was arrested 1 week later on the agement to plan their humanitarian assist- For the Serb authorities to construe same charge. ance in a rapidly changing context and to in- these actions as hostile makes a mock- A couple of months later, on May 29, form CARE International management of ery of the terms of their agreement 1999, a Serbian military court dis- the security situation in which their staff that permitted CARE to operate in missed every element of the original were working; Serbia in the first place. Indeed, one indictment against these three CARE Whereas the convictions of the 3 CARE International humanitarian workers. International humanitarian workers raise day prior to the detention of its em- serious questions regarding the ability of hu- ployees, CARE had received a letter But then the court, the same day, at manitarian aid organizations to operate in from the Yugoslavia authorities com- the same moment, proceeded to con- the Federal Republic of Yugoslavia, with im- mending its work. vict these three individuals on an en- plications for their operations in other areas The continued imprisonment of these tirely new set of charges, namely, as of conflict around the world; men is an affront to the Prime Min- they said, passing on information to a Whereas the 3 CARE International human- ister of the entire international com- foreign organization, namely CARE itarian workers are innocent, having com- munity and a threat to the ability of International; and then they sentenced mitted no crime, and are being held as pris- Mr. Pratt to 12 years’ imprisonment, oners unjustly; international and private organizations Whereas the Federal Republic of Yugo- to function under the difficult cir- Mr. Jelen to 6 years’ imprisonment and slavia needs humanitarian workers who feel cumstance they face in numerous coun- Mr. Wallace to 4 years’ imprisonment. secure enough to do their work and who are tries around the globe. This charge, which they introduced not at risk of going to prison on false We would be remiss if we did not also on the day they dismissed all the other charges; and take note of another detention of an charges, was introduced at the time Whereas many leaders around the world individual engaged on a humanitarian they read the verdict. They said, ‘‘You have raised the issue and sought to free the mission in North Korea. According to are hereby charged with providing in- captives, including United Nations Secretary formation and you are hereby sen- General Kofi Annan, former South African accounts in the press, Ms. Karen Hahn President Nelson Mandela, Finnish President was detained some weeks ago and has tenced.’’ Can my colleagues imagine Marti Ahtisaari, United Nations Commis- been held incommunicado by the that? And that was a court of law. sioner for Human Rights Mary Robinson, and known authorities. The welfare of Ms. Mr. Speaker, needless to say, it did the Reverend Jesse Jackson: Now, therefore, Hahn is also in our minds as we con- not provide any opportunity for these be it sider this resolution. three individuals to present any de- Resolved by the House of Representatives (the House Concurrent Resolution 144 fense to the charges that were instan- Senate concurring), That the Congress— taneously imposed upon them along (1) urges the United States Government urges the United States and the United and the United Nations to undertake urgent Nations to undertake urgent and stren- with the sentence. and strenuous efforts to secure the release of uous efforts to secure the release from It appears that these three CARE Branko Jelen, Steve Pratt, and Peter Wal- Serbia of the three imprisoned CARE workers were convicted simply of pro- lace, 3 humanitarian workers employed in Australia staffers. I urge all members viding situation reports, a standard in the Federal Republic of Yugoslavia by CARE of the House to join me in signalling the providing of services by CARE International; and our demand for the release of these in- International where the workers in the (2) calls upon the Government of the Fed- dividuals and restoration of our con- field provide situation reports about eral Republic of Yugoslavia to send a posi- the security, about the humanitarian tive signal to the international humani- fidence that organizations such as tarian community and to give these humani- CARE can continue to operate without needs in the locale that they are work- tarian workers their freedom without fur- harassment in the difficult and some- ing in. ther delay. times dangerous environments that It raises concerns about the ability of The SPEAKER pro tempore. Pursu- they face throughout the world. any international humanitarian relief ant to the rule, the gentleman from Ar- Mr. Speaker, I reserve the balance of organization to provide relief services izona (Mr. SALMON) and the gentleman my time. anywhere around the world if by mere- from New Jersey (Mr. ROTHMAN) each Mr. ROTHMAN. Mr. Speaker, I yield ly providing a situation report can get will control 20 minutes. myself such time as I may consume. someone convicted, albeit without a The Chair recognizes the gentleman Mr. Speaker, I rise in strong support trial, of spying. from Arizona (Mr. SALMON). of this resolution. Leaders around the world, including Mr. SALMON. Mr. Speaker, I yield Mr. Speaker, I want to thank the U.N. Secretary General Kofi Annan and myself such time as I may consume. gentleman from Arizona (Mr. SALMON), Finnish President Ahtisaari, have H5344 CONGRESSIONAL RECORD — HOUSE July 12, 1999 raised this issue and have also sought Branko Jelen, Steve Pratt and Peter Wal- East Peace Process on Israel and dan- the release of these men. lace were employed in Yugoslavia by CARE gerously politicizes the Fourth Geneva Con- Mr. Speaker, we as the United States International, providing aid, food, and medic- vention, which was established to address Congress and as an American people humanitarian crises; and inal supplies to refugees in both Serbia and Whereas such vote, initiated by the Arab need to let all humanitarian workers Kosovo. In that capacity, they did what CARE Group at the behest of the Palestine Libera- around the world know that we will International does in all of its international hu- tion Organization (PLO), serves to prejudge fight for them if they ever get unjustly manitarian missions: provide other CARE of- and undercut direct negotiations, puts added imprisoned. We will let Yugoslavia fices in the area with progress reports. CARE and undue pressure on Israel to influence the know by the House’s action that we de- International has always used these reports, results of those negotiations, and con- mand the immediate release of these because they are vital to the organization's travenes the written commitment that three international humanitarian first-hand knowledge of the progress, pros- Yasser Arafat gave to then Israeli Prime workers under the employ of CARE, Minister Yitzhak Rabin that issues of perma- pects, and dangers of their many missions. nent status would only be dealt with directly one of the world’s largest international The reports are not secret and contain easily by the parties: Now, therefore, be it relief and development organizations. obtainable information. Resolved by the House of Representatives (the I urge my colleagues to support After learning of these reports in late March, Senate concurring), That the Congress— House Concurrent Resolution 144. the government of Slobodan Milosevic de- (1) commends the Department of State for Mr. GILMAN. Mr. Speaker, on March 31, tained Jelen, Pratt, and Wallace, and later ac- the vote of the United States against United 1999, Serbian authorities detained Mr. Steve cused them of engaging in espionage for the Nations General Assembly Resolution ES–10/ Pratt, Mr. Peter Wallace, of Australia, and Mr. U.S. government. In a closed military court, 6 affirming that the text of such resolution Branko Jelen, of Serbia who were carrying out they were found guilty of spying, and are cur- politicizes the Fourth Geneva Convention for their duties as employees of CARE/Australia. rently serving sentences of up to 12 years in the Protection of Civilians in Time of War which was primarily humanitarian in na- These men, who were endeavoring to provide a Serbian jail. ture; humanitarian assistance to victims of Serbian Mr. Speaker, these three men are innocent. (2) urges the Department of State to con- aggression in Kosovo, were subsequently They were providing humanitarian aid to peo- tinue its efforts against convening the con- charged with espionage and are now being ple who were in desperate need. ference, which is scheduled to be held in Ge- unjustly held as prisoners in Serbia. We are all familiar with CARE International neva, Switzerland, on July 15, 1999; The detention of these individuals strikes at and similar Non-Government Organizations, (3) urges the member states of the United the very heart of the ability of humanitarian and the extraordinary humanitarian contribu- Nations to vigorously oppose any and all ef- and aid organizations such as CARE to oper- tions they make in the fight to end despair and forts to manipulate the Fourth Geneva Con- ate in conflicts such as the one in Kosovo. It suffering. Today, this House must stand up for vention for the purpose of attacking Israel; and is noteworthy that the actual charges they this mission. It is imperative that the U.S. lead (4) urges United Nations Secretary General were convicted of concerned only the passing the way in freeing these men and who are Kofi Annan and Switzerland, which serves as of situation reports on the conditions in guilty of nothing more than being courageous the depository of the Fourth Geneva Conven- Kosovo to their headquarters in order for humanitarians. I urge all of my colleagues to tion, to refrain from assisting in the con- CARE to be able to determine the needs of support this important resolution. vening of the conference. the population it was attempting to assist and Mr. ROTHMAN. Mr. Speaker, I yield The SPEAKER pro tempore. Pursu- the conditions under which its employees were back the balance of my time. ant to the rule, the gentleman from Ar- Mr. SALMON. Mr. Speaker, I yield working in Kosovo. izona (Mr. SALMON) and the gentleman back the balance of my time. For the Serb authorities to construe these from New Jersey (Mr. ROTHMAN) each The SPEAKER pro tempore (Mr. actions as hostile makes a mockery of the will control 20 minutes. GOODLATTE). The question is on the terms of their agreement that permitted CARE The Chair recognizes the gentleman motion offered by the gentleman from to operate in Serbia in the first place. Indeed, from Arizona (Mr. SALMON). one day prior to the detention of its employ- Arizona (Mr. SALMON) that the House GENERAL LEAVE ees, CARE had received a letter from the suspend the rules and agree to the con- Mr. SALMON. Mr. Speaker, I ask Yugoslav authorities commending its work. current resolution, H. Con. Res. 144. unanimous consent that all Members The continued imprisonment of these men is The question was taken; and (two- may have 5 legislative days within an affront to the principles of the entire inter- thirds having voted in favor thereof) which to revise and extend their re- national community, and a threat to the ability the rules were suspended and the con- marks on this measure. of international and private organizations to current resolution was agreed to. function under the difficult circumstance that A motion to reconsider was laid on The SPEAKER pro tempore. Is there they face in numerous countries around the the table. objection to the request of the gen- globe. f tleman from Arizona? There was no objection. We would be remiss if we did not also take CONCERNING UNITED NATIONS note of another detention of an individual en- GENERAL ASSEMBLY RESOLU- Mr. SALMON. Mr. Speaker, I yield gaged on a humanitarian mission in North TION ES–10/6 myself such time as I may consume. (Mr. SALMON asked and was given Korea. According to accounts in the press, Mr. SALMON. Mr. Speaker, I move to Ms. Karen Hahn was detained some weeks permission to revise and extend his re- suspend the rules and agree to the con- marks.) ago and has been held incommunicado by the current resolution (H. Con. Res. 117) North Korean authorities. The welfare of Ms. Mr. SALMON. Mr. Speaker, first I concerning United Nations General As- would like to commend the efforts of Hahn is also in our minds as we consider this sembly Resolution ES–10/6, as amend- resolution. the gentleman from New Jersey (Mr. ed. ROTHMAN). He is the author of this H. Con. Res. 144 urges the United States The Clerk read as follows: and the United Nations to undertake urgent piece of legislation. It is very timely H. CON. RES. 117 and strenuous efforts to secure the release and very needed, and he is always there from Serbia of the three imprisoned CARE Whereas in an Emergency Special Session, in the pinch, and we appreciate him on the United Nations General Assembly voted this side. Australia. on February 9, 1999, to pass Resolution ES– Accordingly, I ask all members of the House 10/6, Illegal Israeli Actions In Occupied East Mr. Speaker, our consideration of to join in signaling our demand for the release Jerusalem And The Rest Of The Occupied this resolution is certainly timely as it of these individuals, and restoration of our Palestinian Territory, to convene for the concerns the convening, under extraor- confidence that organizations such as CARE first time in 50 years the parties of the dinary and almost unprecedented cir- can continue to operate without harassment in Fourth Geneva Convention for the Protec- cumstances, of the parties of the the difficult and often dangerous environments tion of Civilians in Time of War; Fourth Geneva Convention for the Pro- they face throughout the world. Whereas such resolution singles out Israel tection of Civilians in Times of War for unprecedented enforcement proceedings, later this week in Geneva, Switzerland. Mrs. CAPPS. Mr. Speaker, I rise in strong which have never been invoked, even against support of H. Con. Res. 144, which calls at- governments with records of massive viola- The focus of this unusual meeting will tention to the plight of three humanitarian tions of the Fourth Geneva Convention; be ‘‘Illegal Israeli Actions in Occupied workers unjustly imprisoned by the Federal Whereas such resolution unfairly places East Jerusalem and the Rest of the Oc- Republic of Yugoslavia. full blame for the deterioration of the Middle cupied Territory.’’ July 12, 1999 CONGRESSIONAL RECORD — HOUSE H5345 From its very title, we can see that year to address a deeply troubling de- that we have the totalitarian leaders of this meeting will be just another kan- velopment at the U.N. Sadly, the Syria and Chairman Arafat and the garoo court convened solely for the United Nations is again on the verge of President of Egypt saying we have a purpose of pillorying Israel whose be- reverting to its bad old ways that we new day, a new era of peace that is on havior in Jerusalem and the Occupied thought they had dispensed with in the our doorstep, and the new duly elected Territory has already been predeter- 1970s. I am talking about the United President of Israel, Mr. Barak, espous- mined to be ‘‘illegal.’’ Nations once again using its resources ing such a compelling and poetic com- Regrettably, by using the such im- and the American taxpayers’ money to mitment to peace between Israel and portant instruments as the Fourth Ge- bash the only democracy in the Middle its neighbors, when all the parties at neva Convention to carry on their anti- East and America’s strongest ally in issue are speaking of an atmosphere of Israel campaign, the supporters of this the Middle East, strongest military, peace, reconciliation and commitment Special Session in Geneva actually un- economic and cultural ally, the State to finding a compromise for all the dermine the validity of the Convention of Israel. peoples of the region, what does the and efforts to protect civilians in Mr. Speaker, this is at a time when, U.N. General Assembly do? They try to armed conflicts. We can be certain that if peace is not at hand, the atmosphere destroy the purpose of the Geneva Con- little will be said of the many civilian for peace in the Middle East is as great vention, humiliate and degrade the victims of the numerous terrorist acts as we have seen in quite a long time. truth, and reconvene the Fourth Gene- by Palestinian and Islamic groups hos- What happened? On February 9 of va Convention to condemn housing tile to Israel. this year, February 9 of 1999, the construction by Israel. Most of us are keenly aware of the United Nations General Assembly in an Mr. Speaker, I am proud and pleased anti-Israel fervor which resonates Emergency Special Session decided to that the Committee on International throughout the institutions and com- call for the reconvening of the Fourth Relations last week condemned this ac- mittees of the United Nations. We can- Geneva Convention. Now for those who tion and voted to pass H. Con. Resolu- not forget the evil that was unleashed do not follow the U.N. and the Geneva tion 117. I am asking my colleagues in during consideration of the ‘‘Zionism is Convention, the Fourth Geneva Con- the House of Representatives also to Racism’’ resolution years ago. Clearly, vention has not been convened for 50 pass H. Con. Resolution 117 which does years. the United Nations has a history of four things: It commends the United So what was the Emergency Special anti-Israel statements, resolutions, States State Department for opposing Session of the United Nations General conferences and activities. Assembly to call for the first recon- these efforts to politicize the Geneva This troubling action taken by the vening of the Fourth Geneva Conven- Convention. It urges our State Depart- United Nations General Assembly ear- tion in 50 years all about? Well, we ment to continue its opposition against lier this year is but the latest of a long know what the Geneva Convention was the U.N.’s plans to convene their anti- series of United Nations activities de- supposed to be about. In 1949, it was es- Israel Geneva convention, which is set signed to unfairly and in a highly prej- tablished in the aftermath of the Nazi to occur on July 15, a handful of days udicial fashion paint Israel as an ag- atrocities in Europe to deal with the from now unless the leaders of the U.N. gressive rogue state beyond the pale of protection of civilians in time of war. and other leaders in the world stop it. international law. So what is going to happen now on It also calls on member states of the The resolution before us urges states July 15, a handful of days from now, United Nations to join America in op- of the United Nations to oppose all ef- unless the United States and world posing the politicization of the Fourth forts to attack Israel at this conference leaders intervene? According to the Geneva Convention. And it, lastly, and urges U.N. Secretary General Kofi General Assembly of the United Na- urges the U.N. General Secretary, Kofi Annan and Switzerland to refrain from tions who has now directed the con- Annan, and Switzerland, the host coun- assisting in the convening of the con- vening of the Fourth Geneva Conven- try, to refrain from assisting in the ference. tion after 50 years, on July 15, the Ge- convening of this conference. Mr. Speaker, regarding Switzerland’s neva Convention is to be brought to- b 1445 role in the conference, I would like to gether to condemn the genocidal crime Modest steps, considering what is at point out, as the repository of the Ge- of house construction in Jerusalem by stake: the integrity of the U.N., the in- neva Convention, Switzerland has no Israel. Can my colleagues believe it? recourse but to honor the will of the Now, when the Soviet Union invaded tegrity of the Geneva Convention, and U.N. General Assembly that has in- Czechoslovakia, when Iraq invaded Ku- justice. I urge my colleagues to support voked this conference. As an observer wait, when Vietnam invaded Cambodia, House Resolution 117. state of the U.N., the Swiss were not when China conquered Tibet, during Mr. Speaker, I yield 4 minutes to the even entitled to vote in the emergency the Korean war, the Vietnam war, the gentleman from New York (Mr. session of the General Assembly that Persian Gulf War, the invasion of WEINER). decided this measure. Kosovo by Serbia, all the carnage Mr. WEINER. Mr. Speaker, I want to Mr. Speaker, I urge the Members of brought forth upon millions and mil- thank the gentleman from New Jersey this House to send a strong message in lions of people was the Geneva Conven- (Mr. ROTHMAN) for being such an active opposition to this ill-considered and tion called for to be reconvened? No. In voice on this issue and so many others. unhelpful initiative by supporting the dozens and dozens of places over the If there was ever a bad time for a bad adoption of H. Con. Res. 117. last 50 years around this planet, mil- idea, this is probably it. The United Mr. Speaker, I reserve the balance of lions of people have literally been tor- Nations over its history has done some my time. tured, enslaved and slaughtered, but very great things to ensure peace and Mr. ROTHMAN. Mr. Speaker, I yield the U.N. never called for the recon- justice around the world, but it can myself such time as I may consume. vening of the Geneva Convention. Only also be rightly accused of taking every Mr. Speaker, I rise in strong support now in February of 1999 because of possible opportunity to throw obstacles of this resolution. I thank the gen- what they call Israel’s crime of home in the way of the State of Israel and tleman from Arizona (Mr. SALMON), my construction in Jerusalem. now obstacles in the way of pursuing a colleague and good friend, for his kind Mr. Speaker, if it was not so destruc- lasting peace in the Middle East. remarks. We have worked together on tive of the truth, destructive of the To dig up the Geneva Convention as many, many issues in a bipartisan way meaning of the words, destructive of an appropriate tool for the causes of of importance to the people of America the mission of the U.N., destructive of the Palestinian Movement in the and I think for the interests of the the purpose of the Geneva Convention, United Nations now is the worst pos- abused and unjustly treated around the it would be laughable. But this is no sible abuse of the Geneva Convention. world. And, as always, I am grateful joke. Everyone voted for this resolu- Never, as the gentleman from New Jer- and pleased to work with the gen- tion at the U.N. in the General Assem- sey (Mr. ROTHMAN) pointed out, has it tleman on this issue as well. bly except for America and Israel. been used; and particularly now, it is Mr. Speaker, I introduced this resolu- What should we do about it? In a cou- an inappropriate time and an inappro- tion, H. Con. Res. 117, on May 25 of this ple of days, notwithstanding the fact priate place. H5346 CONGRESSIONAL RECORD — HOUSE July 12, 1999 As we have spent much of the last These kinds of anti-Israel statements to the United States when we have year looking at some true atrocities in do not assist the process; they harm been the largest financial supporter of the world, never in the time of the the process. that entity and have been for years and worst atrocities of Milosevic did the Mr. Speaker, I yield back the balance years and years, and many of our so- United Nations stand and seek to exe- of my time. called allies, and I am not saying that cute the Geneva Convention. Yet now, Mr. ROTHMAN. Mr. Speaker, I yield about Israel because Israel votes with at the beginning of a new era in Israel, myself such time as I may consume. us, but many of our so-called allies end when a new administration takes over Mr. Speaker, there are real issues of up spitting in our face; and these are and, God willing, a new road to peace dispute in the Middle East. There are allies that we have helped financially in the Middle East is about to be territorial futures. There are issues of time and time and time again. placed, we see the United Nations begin security. As the gentleman from New I just might say that significant re- to move forward to activate the Gene- York (Mr. WEINER) said, there is a forms have got to happen at the U.N., va Convention which was intended to process that has been agreed to by all and this exactly points to what we are be used to protect civilians during war- the parties, the Oslo Peace Accords, by talking about. time, not to solve territorial disputes. which the parties would sit down, one Mr. ROTHMAN. Mr. Speaker, I say There are many of us who believe across the table from the other, and re- this: I agree with the gentleman from that the territories that the United Na- solve their differences peaceably. Arizona that this puts a disturbing tions is looking at are not in dispute at Our action today does not prejudice light on many of our efforts to have all. We have to remember when the what will happen in those discussions. our debt to the U.N. repaid. I for one Palestinian Authority, when it entered We wish them well. What we are doing believe that it is unconscionable for us into the Oslo Accords, took a pledge today is saying as a Nation a few to have such a debt at the U.N. and not and signed in writing that they were things: have it be repaid. I believe there has not going to use the United Nations as Number one, that the free people of been progress at the U.N. a tool for their cause. the United States of America will not But when the member states of the At that time, the parties that agreed tolerate the abuse of the United Na- U.N. and the U.N. Secretary and the to pursue a peace in the Middle East tions by those nations who wish to use General Assembly participate in this did so with an understanding that we that forum to bash the only democracy out and out Israel bashing, which is ab- in this Chamber have argued for a in the Middle East, who happens to be surd, unjust, unfair by any measure, great deal of time, and that is that the America’s number one military, eco- and sets a terrible precedent for the parties in that part of the world have nomic, and cultural ally in that entire abuse of the Geneva Convention proc- to, in their own best interest, work out region and has been so for 50 years; and ess, then we cannot ignore it. the road to peace, not from the United that we in America, we, the free people We must let those who voted in favor Nations in New York, not from the in the United States, will not stand by of this U.N. General Assembly resolu- Capitol here in Washington, and not while totalitarian, dictatorial regimes tion know that we will not forget their from small towns throughout the represented in the U.N. at the General participation in this effort. We will re- United States and the world, but the Assembly call for the convening of the member. We will not forget what they parties in that part of the world. Geneva Convention after 50 years, only have done. It only hurts the cause of This effort by the United Nations, to bash housing construction in Israel, the U.N. which we opposed, we in the United and to have ignored 50 years of slaugh- I may differ with the gentleman from States opposed, is contrary to that in- ter, torture, and torment upon millions Arizona (Mr. SALMON) on the repay- tent. This is not a time when we should and millions of human beings around ment of the debt, but I do agree with belittle the Geneva Convention. This is the world by dictators and thugs; and him that this does not make their case not a time when the United Nations that we, the free and strong people of any better when they allow this forum should once again enter into the frayed the United States, will stand by our to be abused in such a way. air. number one ally in the region, the Mr. GILMAN. Mr. Speaker our consideration I would remind my colleagues, the State of Israel, even when we are out- of this resolution is certainly timely since it United Nations Security Council, this numbered at the U.N. by those who concerns the convening, under extraordinary is not the first time that they have would seek to destroy that forum as a and almost unprecedented circumstances, the sought to take their shots at the State forum for truth and justice. parties of the Fourth Geneva Convention for of Israel. This is the same Security So, Mr. Speaker, I again thank the the Protection of Civilians in Times of War Council that sought to equate Zionism gentleman from Arizona (Mr. SALMON), later this week in Geneva, Switzerland. The with racism, if my colleagues recall. So the gentleman from New York (Mr. focus of this unusual meeting will be ``Illegal it should be no surprise that there is an GILMAN), the Chairman of our com- Israeli Actions in Occupied East Jerusalem anti-Israel bias in the Security Coun- mittee, the gentleman from Con- and the Rest of the Occupied Territory.'' From cil. necticut (Mr. GEJDENSON), our ranking its very title it is obvious that this meeting will But for those of us who care about a member, for their support on this and be another kangaroo court convened solely for lasting peace in the Middle East, care many other issues where we have the purpose of pillorying Israel whose behavior about a just peace in the Middle East worked so well together and their sup- in Jerusalem and the Occupied Territory has that all of the parties can live with, I port for this particular House Resolu- already been predetermined to be ``illegal.'' urge us in this Chamber to stand forth- tion 117. I urge my colleagues to sup- Regrettably, by using such important instru- right in favor of this resolution. This is port this resolution. ments as the Fourth Geneva Convention to not the time, this is not the place for Mr. SALMON. Mr. Speaker, will the carry-on their anti-Israel campaign, the sup- this anti-Israel resolution. This is also gentleman yield? porters of this Special Session in Geneva ac- not the time or the place for the Gene- Mr. ROTHMAN. I yield to the gen- tually undermines the validity of the Conven- va Convention to be bastardized in this tleman from Arizona. tion and efforts to protect civilians in armed way. Mr. SALMON. Mr. Speaker, I did conflicts. We can be certain that little will be Mr. SALMON. Mr. Speaker, I yield want to make one other comment. I said of the many civilian victims of the numer- myself such time as I might consume. know that in the last several years, ous terrorist acts by Palestinian and Islamic I would just like to reiterate the posi- one of the items of great controversy groups hostile to Israel. tion, not only of myself, but I believe in this Congress, especially, I think, Most of us are keenly aware of the anti- most people on our side of the aisle since I have been here in the last 5 Israel fervor which resonates throughout the from the Committee on International years has been the U.N. arrearages. institutions and committees of the United Na- Relations, and that is that it is a high- I might suggest that one of the rea- tions. We cannot forget the evil that was un- ly inappropriate action which the Ge- sons that people raised that red flag in leashed during consideration of the ``Zionism neva Convention seeks to undertake at the first place was because of issues is Racism'' resolution years ago. Clearly, the a time when we should all be working like this, because the U.N. time and United Nations has a history of anti-Israel together toward the peace process in time and time again goes out and as- statements, resolutions, conferences and ac- the Middle East. serts itself and takes positions counter tivities. July 12, 1999 CONGRESSIONAL RECORD — HOUSE H5347 This troubling action taken by the United dered; House Concurrent Resolution Leach Ortiz Shuster Lee Ose Sisisky Nations General Assembly earlier this year is 107, by the yeas and nays; and House Levin Owens Skeen but the latest of a long series of United Na- Concurrent Resolution 117, by the yeas Lewis (CA) Oxley Skelton tions activities designed to unfairly and in a and nays. Lewis (GA) Packard Smith (MI) highly prejudicial fashion paint Israel as an ag- Lewis (KY) Pascrell Smith (NJ) f Linder Pastor Smith (TX) gressive rogue state, beyond the pale of inter- Lipinski Paul Smith (WA) national law. THE JOURNAL Lofgren Pease Snyder The resolution before us urges member Lowey Pelosi Souder The SPEAKER pro tempore. Pursu- Lucas (KY) Peterson (PA) Spence states of the United Nations to oppose all ef- ant to clause 8 of rule XX, the pending Lucas (OK) Petri Stabenow forts to attack Israel at this conference, and business is the question of agreeing to Luther Phelps Stearns urges UN Secretary General Kofi Annan and the Speaker’s approval of the Journal. Maloney (CT) Pickering Stenholm Switzerland to refrain from assisting in the Maloney (NY) Pitts Strickland The question is on the Speaker’s ap- Manzullo Pombo Stump convening of the conference. proval of the Journal of the last day’s Martinez Porter Sununu Regarding Switzerland's role in this con- proceedings. Mascara Portman Sweeney ference, it should be noted that as the reposi- Matsui Price (NC) Talent The question was taken; and the McCarthy (MO) Quinn Tanner tory of the Geneva Conventions, Switzerland Speaker pro tempore announced that McCarthy (NY) Radanovich Tauscher has no recourse but to honor the will of the the ayes appeared to have it. McCollum Rahall Tauzin UN General Assembly that has convoked this Mr. PEASE. Mr. Speaker, I object to McCrery Ramstad Terry Conference. As an observer state of the UN McGovern Rangel Thomas the vote on the ground that a quorum McHugh Regula Thornberry the Swiss were not even entitled to vote in the is not present and make the point of McInnis Reyes Thune Emergency Session of the General Assembly order that a quorum is not present. McIntyre Reynolds Tiahrt that decided this matter. The SPEAKER pro tempore. Evi- McKeon Riley Tierney Accordingly, I urge my colleagues to send a McKinney Rivers Toomey dently a quorum is not present. McNulty Rodriguez Traficant strong message in opposition to this ill-consid- The Sergeant at Arms will notify ab- Meehan Roemer Turner ered and unhelpful initiative by fully supporting sent Members. Meek (FL) Rogan Udall (CO) Meeks (NY) Rohrabacher Udall (NM) the adoption of H. Con. Res. 117. The Chair will reduce to 5 minutes Mr. ROTHMAN. Mr. Speaker, I yield Menendez Ros-Lehtinen Upton the time for any other electronic vote Metcalf Rothman Velazquez back the balance of my time. after the first vote. Mica Roukema Vento The SPEAKER pro tempore (Mr. The vote was taken by electronic de- Miller (FL) Roybal-Allard Vitter GOODLATTE). The question is on the Minge Ryan (WI) Walden vice, and there were—yeas 329, yeas 36, Mink Ryun (KS) Walsh motion offered by the gentleman from answered ‘‘present’’ 2, not voting 67, as Moakley Salmon Wamp Arizona (Mr. SALMON) that the House follows: Moore Sanchez Watkins suspend the rules and agree to the con- Moran (VA) Sanders Watts (OK) [Roll No. 277] current resolution, H. Con. Res. 117, as Morella Sandlin Waxman YEAS—329 Murtha Sanford Weiner amended. Myrick Sawyer Weldon (FL) The question was taken. Abercrombie Cooksey Goodlatte Nadler Saxton Wexler Mr. SALMON. Mr. Speaker, on that I Ackerman Cox Gordon Napolitano Scarborough Whitfield Allen Coyne Goss Neal Sensenbrenner Wilson demand the yeas and nays. Andrews Cramer Graham Nethercutt Sessions Wolf The yeas and nays were ordered. Archer Crane Granger Ney Shadegg Woolsey The SPEAKER pro tempore. Pursu- Bachus Crowley Green (WI) Northup Shaw Wu ant to clause 8 of rule XX and the Baldacci Cubin Greenwood Norwood Shays Wynn Ballenger Cummings Hall (OH) Nussle Sherman Young (AK) Chair’s prior announcement, further Barcia Cunningham Hall (TX) Obey Sherwood Young (FL) proceedings on this motion will be Barrett (NE) Davis (FL) Hansen Olver Shimkus postponed. Barrett (WI) Davis (IL) Hastings (WA) Barton Davis (VA) Hayes NAYS—36 f Bass Deal Hayworth Becerra Delahunt Herger Aderholt Hastings (FL) Peterson (MN) RECESS Bentsen DeLauro Hill (IN) Baird Hefley Pickett The SPEAKER pro tempore. Pursu- Bereuter DeMint Hill (MT) Borski Hilleary Sabo Berman Deutsch Hinojosa Costello Hilliard Schaffer ant to clause 12 of rule I, the Chair de- Berry Diaz-Balart Hobson DeFazio Hinchey Slaughter clares the House in recess until ap- Biggert Dickey Hoeffel English Kucinich Stupak proximately 6 p.m. Bilirakis Dicks Hoekstra Evans LaFalce Taylor (MS) Accordingly (at 2 o’clock and 55 min- Bliley Dingell Holden Filner LoBiondo Thompson (CA) Blumenauer Dixon Holt Gibbons Miller, George Thompson (MS) utes p.m.), the House stood in recess Blunt Doggett Hooley Green (TX) Moran (KS) Visclosky until approximately 6 p.m. Boehner Dooley Horn Gutierrez Oberstar Weller Gutknecht Pallone Wicker f Bonilla Doyle Hostettler Boswell Dreier Houghton b 1810 Boucher Duncan Hoyer ANSWERED ‘‘PRESENT’’—2 Boyd Dunn Hunter Schakowsky Tancredo AFTER RECESS Brady (PA) Ehlers Hutchinson Brown (FL) Ehrlich Hyde The recess having expired, the House Brown (OH) Emerson Inslee NOT VOTING—67 was called to order by the Speaker pro Bryant Eshoo Istook Armey Edwards Mollohan tempore (Mr. BARTON of Texas) at 6 Burr Etheridge Jackson (IL) Baker Engel Payne o’clock and 10 minutes p.m. Burton Everett Jenkins Baldwin Gephardt Pomeroy Buyer Ewing John Barr Gillmor Pryce (OH) f Callahan Farr Johnson (CT) Bartlett Goodling Rogers Calvert Fattah Johnson, E. B. Bateman Hulshof Royce ANNOUNCEMENT BY THE SPEAKER Camp Fletcher Johnson, Sam Berkley Isakson Rush PRO TEMPORE Campbell Foley Jones (NC) Bilbray Jackson-Lee Scott Canady Forbes Kanjorski Bishop (TX) Serrano The SPEAKER pro tempore. The Cannon Ford Kelly Blagojevich Jefferson Shows Capps Fossella Kennedy Boehlert Jones (OH) pending business before the House is Simpson the approval of the Journal. Pursuant Capuano Fowler Kildee Bonior Kaptur Cardin Frank (MA) King (NY) Bono Kasich Spratt to clause 8 of rule XX, the Chair will Carson Franks (NJ) Kingston Brady (TX) Kilpatrick Stark now put the question on the approval Castle Frelinghuysen Kleczka Brown (CA) Kind (WI) Taylor (NC) of the Journal and then on each motion Chabot Frost Klink Chenoweth Kolbe Thurman Chambliss Gallegly Knollenberg Clay Lampson Towns to suspend the rules in which further Clayton Ganske Kuykendall Clyburn Lantos Waters proceedings were postponed earlier Clement Gejdenson LaHood Coburn Markey Watt (NC) today in the order in which that mo- Coble Gekas Largent Combest McDermott Weldon (PA) tion was entertained. Collins Gilchrest Larson Danner McIntosh Weygand Condit Gilman Latham DeGette Millender- Wise Votes will be taken in the following Conyers Gonzalez LaTourette DeLay McDonald order: Approval of the Journal, if so or- Cook Goode Lazio Doolittle Miller, Gary H5348 CONGRESSIONAL RECORD — HOUSE July 12, 1999 b 1833 Kelly Nethercutt Sherwood b 1840 Kennedy Ney Shimkus Mr. DEFAZIO changed his vote from Kildee Norwood Shuster So (two-thirds having voted in favor ‘‘yea’’ to ‘‘nay.’’ King (NY) Nussle Sisisky thereof) the rules were suspended and So the Journal was approved. Kingston Oberstar Skeen the concurrent resolution, as amended, Kleczka Obey Skelton The result of the vote was announced Klink Olver Slaughter was agreed to. as above recorded. Knollenberg Ortiz Smith (MI) The result of the vote was announced Kucinich Ose Smith (NJ) as above recorded. f Kuykendall Owens Smith (TX) LaFalce Oxley Smith (WA) The title was amended so as to read: SENSE OF CONGRESS REJECTING LaHood Packard Snyder ‘‘Concurrent resolution expressing the NOTION THAT SEX BETWEEN Largent Pallone Souder sense of Congress rejecting the conclu- Spence ADULTS AND CHILDREN IS POSI- Larson Pascrell sions of a recent article published in Latham Pastor Stabenow TIVE LaTourette Paul Stearns the Psychological Bulletin, a journal of Stenholm The SPEAKER pro tempore (Mr. Lazio Pease the American Psychological Associa- Leach Pelosi Stump tion, that suggests that sexual rela- BARTON of Texas). The pending busi- Stupak Lee Peterson (MN) tionships between adults and children ness is the question of suspending the Levin Peterson (PA) Sununu Lewis (CA) Petri Sweeney might be positive for children’’. rules and agreeing to the concurrent Talent resolution, House Concurrent Resolu- Lewis (GA) Phelps A motion to reconsider was laid on Lewis (KY) Pickering Tancredo the table. tion 107, as amended. Tanner Linder Pickett Stated for: The Clerk read the title of the con- Lipinski Pitts Tauscher Tauzin current resolution. LoBiondo Pombo Mrs. NORTHUP. Mr. Speaker, on rollcall Lofgren Porter Taylor (MS) No. 278, I was inadvertently detained. Had I The SPEAKER pro tempore. The Terry Lowey Portman been present, I would have voted ``yes.'' question is on the motion of the gen- Lucas (KY) Price (NC) Thomas Lucas (OK) Quinn Thompson (CA) Mr. GEKAS. Mr. Speaker, on rollcall No. tleman from Arizona (Mr. SALMON) Thompson (MS) that the House suspend the rules and Luther Radanovich 278, I was involved in a conference off the Maloney (CT) Rahall Thornberry agree to the concurrent resolution, Thune floor and missed the vote. Had I been present, Maloney (NY) Ramstad I would have voted ``aye.'' House Concurrent Resolution 107, as Manzullo Rangel Tiahrt Tierney amended, on which the yeas and nays Martinez Regula Mr. FLETCHER. Mr. Speaker, on rollcall No. Mascara Reyes Toomey 278, I was unavoidably detained. Had I been were ordered. Traficant Matsui Reynolds present, I would have voted ``yes.'' This will be a 5-minute vote. McCarthy (MO) Riley Turner McCarthy (NY) Rivers Udall (CO) f The vote was taken by electronic de- Udall (NM) vice, and there were—yeas 355, nays 0, McCollum Rodriguez McCrery Roemer Upton CONCERNING UNITED NATIONS Velazquez answered ‘‘present’’ 13, not voting 66, McGovern Rogan GENERAL ASSEMBLY RESOLU- as follows: McHugh Rohrabacher Vento McInnis Ros-Lehtinen Visclosky TION ES–10/6 [Roll No. 278] Vitter McIntyre Rothman The SPEAKER pro tempore. The YEAS—355 McKeon Roukema Walden McKinney Roybal-Allard Walsh pending business is the question of sus- Ackerman Collins Gejdenson Wamp Aderholt Condit Gibbons McNulty Ryan (WI) pending the rules and agreeing to the Meehan Ryun (KS) Watkins Andrews Cook Gilchrest Watts (OK) concurrent resolution, House Concur- Archer Cooksey Gilman Meek (FL) Sabo rent Resolution 117, as amended. Meeks (NY) Salmon Waxman Bachus Costello Gonzalez Weiner The Clerk read the title of the con- Baldacci Cox Goode Menendez Sanchez Metcalf Sanders Weldon (FL) current resolution. Ballenger Coyne Goodlatte Weller Barcia Cramer Goodling Mica Sandlin The SPEAKER pro tempore. The Miller (FL) Sanford Wexler Barrett (NE) Crane Gordon Whitfield question is on the motion offered by Barrett (WI) Crowley Goss Miller, George Sawyer Minge Saxton Wicker the gentleman from Arizona (Mr. Barton Cubin Graham Wilson Bass Cummings Granger Moakley Scarborough SALMON) that the House suspend the Moore Schaffer Wolf Becerra Cunningham Green (TX) Woolsey rules and agree to the concurrent reso- Bentsen Davis (FL) Green (WI) Moran (KS) Schakowsky Morella Sensenbrenner Wu lution, House Concurrent Resolution Bereuter Davis (IL) Greenwood Wynn Berman Davis (VA) Gutierrez Murtha Sessions 117, as amended, on which the yeas and Myrick Shadegg Young (AK) Berry Deal Gutknecht Young (FL) nays were ordered. Biggert DeFazio Hall (OH) Nadler Shaw This will be a 5-minute vote. Bilirakis DeLauro Hall (TX) Napolitano Shays Blagojevich DeMint Hansen Neal Sherman The vote was taken by electronic de- Bliley Deutsch Hastings (WA) vice, and there were—yeas 365, nays 5, Blumenauer Diaz-Balart Hayes ANSWERED ‘‘PRESENT’’—13 not voting 64, as follows: Blunt Dickey Hayworth Abercrombie Filner Moran (VA) [Roll No. 279] Boehner Dicks Hefley Allen Frank (MA) Stark Bonilla Dingell Herger Baird Hastings (FL) Strickland YEAS—365 Bonior Dixon Hill (IN) Conyers Johnson, E. B. Abercrombie Bonilla Coble Borski Doggett Hill (MT) Delahunt Mink Ackerman Borski Collins Boswell Dooley Hilleary Aderholt Boswell Condit Boucher Doyle Hilliard NOT VOTING—66 Allen Boucher Cook Boyd Dreier Hinchey Andrews Boyd Cooksey Brady (PA) Armey Engel Miller, Gary Duncan Hinojosa Archer Brady (PA) Costello Brown (FL) Baker Fletcher Mollohan Dunn Hobson Bachus Brown (FL) Cox Brown (OH) Baldwin Gekas Northup Ehlers Hoeffel Baird Brown (OH) Coyne Bryant Barr Gephardt Payne Ehrlich Hoekstra Baldacci Bryant Cramer Burr Bartlett Gillmor Pomeroy Emerson Holden Ballenger Burr Crane Burton Bateman Hulshof Pryce (OH) English Holt Barrett (NE) Burton Crowley Buyer Berkley Isakson Rogers Eshoo Hooley Barrett (WI) Buyer Cubin Callahan Bilbray Jackson-Lee Royce Etheridge Horn Bartlett Callahan Cummings Calvert Bishop (TX) Rush Evans Hostettler Barton Calvert Cunningham Camp Boehlert Jefferson Scott Everett Houghton Bass Camp Davis (FL) Campbell Bono Jones (OH) Serrano Ewing Hoyer Becerra Campbell Davis (IL) Canady Brady (TX) Kaptur Shows Farr Hunter Bentsen Canady Davis (VA) Cannon Brown (CA) Kasich Simpson Fattah Hutchinson Bereuter Cannon Deal Capps Chenoweth Kilpatrick Spratt Foley Hyde Berman Capps DeFazio Capuano Clay Kind (WI) Taylor (NC) Forbes Inslee Berry Capuano Delahunt Cardin Clyburn Kolbe Thurman Ford Istook Biggert Cardin DeLauro Carson Coburn Lampson Towns Fossella Jackson (IL) Bilirakis Carson DeMint Castle Combest Lantos Waters Fowler Jenkins Blagojevich Castle Deutsch Chabot Danner Markey Watt (NC) Franks (NJ) John Bliley Chabot Diaz-Balart Chambliss DeGette McDermott Weldon (PA) Frelinghuysen Johnson (CT) Blumenauer Chambliss Dicks Clayton DeLay McIntosh Weygand Frost Johnson, Sam Blunt Clayton Dixon Clement Doolittle Millender- Wise Gallegly Jones (NC) Boehner Clement Doggett Coble Ganske Kanjorski Edwards McDonald July 12, 1999 CONGRESSIONAL RECORD — HOUSE H5349 Dooley Kucinich Rivers NOT VOTING—64 DISTRICT OF COLUMBIA’S FISCAL Doolittle Kuykendall Rodriguez Armey Engel Miller, George Doyle LaFalce Roemer YEAR 2000 BUDGET REQUEST Baker Gephardt Mollohan Dreier LaHood Rogan ACT—MESSAGE FROM THE Baldwin Gillmor Payne Duncan Largent Rohrabacher Barcia Hulshof Pickett PRESIDENT OF THE UNITED Dunn Larson Ros-Lehtinen Barr Isakson Pomeroy STATES (H. DOC. NO. 106–92) Edwards Latham Rothman Bateman Jackson-Lee Pryce (OH) Ehlers LaTourette Roukema Berkley (TX) Rangel The SPEAKER pro tempore laid be- Ehrlich Lazio Roybal-Allard Bilbray Jefferson Rogers fore the House the following message Emerson Leach Ryan (WI) Bishop Jones (OH) Royce English Lee Ryun (KS) from the President of the United Boehlert Kaptur Rush Eshoo Levin Sabo States; which was read and, together Bono Kasich Scott Etheridge Lewis (CA) Salmon Brady (TX) Kilpatrick Shows with the accompanying papers, without Evans Lewis (GA) Sanchez Brown (CA) Kind (WI) Simpson objection, referred to the Committee Everett Lewis (KY) Sanders Chenoweth Kolbe Spratt Ewing Linder Sandlin on Appropriations and ordered printed: Clay Lampson Taylor (NC) Farr Lipinski Sanford Clyburn Lantos Thurman Fattah LoBiondo Sawyer To the Congress of the United States: Coburn Markey Towns Filner Lofgren Saxton In accordance with section 202(c) of Combest McDermott Watkins Fletcher Lowey Scarborough Danner McIntosh Watt (NC) the District of Columbia Financial Foley Lucas (KY) Schaffer DeGette Millender- Weldon (PA) Management and Responsibility Assist- Forbes Lucas (OK) Schakowsky DeLay McDonald Weygand Ford Luther Sensenbrenner ance Act of 1995 and section 446 of the Dickey Miller, Gary Wise Fossella Maloney (CT) Serrano District of Columbia Self-Govern- Fowler Maloney (NY) Sessions b 1847 mental Reorganization Act, as amend- Frank (MA) Manzullo Shadegg Franks (NJ) Martinez Shaw So (two-thirds having voted in favor ed, I am transmitting the District of Frelinghuysen Mascara Shays thereof) the rules were suspended and Columbia’s Fiscal Year 2000 Budget Re- Frost Matsui Sherman the concurrent resolution, as amended, quest Act. Gallegly McCarthy (MO) Sherwood This proposed Fiscal Year 2000 Budg- Ganske McCarthy (NY) Shimkus was agreed to. Gejdenson McCollum Shuster The result of the vote was announced et represents the major programmatic Gekas McCrery Sisisky as above recorded. objectives of the Mayor, the Council of Gibbons McGovern Skeen the District of Columbia, and the Dis- Gilchrest McHugh Skelton A motion to reconsider was laid on Gilman McInnis Slaughter the table. trict of Columbia Financial Responsi- Gonzalez McIntyre Smith (MI) bility and Management Assistance Au- f Goode McKeon Smith (NJ) thority. For Fiscal Year 2000, the Dis- Goodlatte McKinney Smith (TX) trict estimates revenue of $5.482 billion Goodling McNulty Smith (WA) PERSONAL EXPLANATION and total expenditures of $5.482 billion, Gordon Meehan Snyder Mr. KIND. Mr. Speaker, on rollcall No. 277, Goss Meek (FL) Souder resulting in a budget surplus of $47,000. unfortunately, due to an unavoidable weather Graham Meeks (NY) Spence My transmittal of the District of Co- Granger Menendez Stabenow delay I missed today's rollcall vote. Had I been lumbia’s budget, as required by law, Green (TX) Metcalf Stark present, I would have vote ``yea.'' Stearns does not represent an endorsement of Green (WI) Mica Mr. Speaker, on rollcall No. 278, unfortu- Greenwood Miller (FL) Stenholm its contents. Gutierrez Minge Strickland nately, due to an unavoidable weather delay I WILLIAM J. CLINTON. Gutknecht Mink Stump missed today's rollcall vote. Had I been THE WHITE HOUSE, July 12, 1999. Hall (OH) Moakley Stupak present, I would have vote ``yea.'' Hall (TX) Moore Sweeney f Hansen Moran (KS) Talent Mr. Speaker, on rollcall No. 279, unfortu- Hastings (FL) Moran (VA) Tancredo nately, due to an unavoidable weather delay I ANNOUNCEMENT BY THE SPEAKER Hastings (WA) Morella Tanner missed today's rollcall vote. Had I been PRO TEMPORE Hayes Murtha Tauscher present, I would have vote ``yea.'' Hayworth Myrick Tauzin The SPEAKER pro tempore. The Hefley Nadler Taylor (MS) f Chair desires to announce that pursu- Herger Napolitano Terry Hill (IN) Neal Thomas PERSONAL EXPLANATION ant to clause 4 of rule I, the Speaker Hill (MT) Nethercutt Thompson (CA) signed the following enrolled bill on Hilleary Ney Thompson (MS) Ms. KILPATRICK. Mr. Speaker, due to offi- Tuesday, June 29, 1999: Hilliard Northup Thornberry cial business, I was unable to record my vote H.R. 4, to declare it to be the policy Hinchey Norwood Thune for several measures considered in the House Hinojosa Nussle Tiahrt of the United States to deploy a na- Hobson Oberstar Tierney of Representatives today. Had I been present, tional missile defense. Hoeffel Obey Toomey I would have voted ``aye'' on approving the f Hoekstra Olver Traficant Journal; ``aye'' on H. Con. Res. 107; and Holden Ortiz Turner ``aye'' on H. Con. Res. 117. COMMUNICATION FROM HON. RICH- Holt Ose Udall (CO) Hooley Owens Udall (NM) f ARD A. GEPHARDT, DEMOCRATIC Horn Oxley Upton LEADER Velazquez COMMUNICATION FROM THE Hostettler Packard The SPEAKER pro tempore laid be- Houghton Pallone Vento CLERK OF THE HOUSE Hoyer Pascrell Visclosky fore the House the following commu- Hunter Pastor Vitter The SPEAKER pro tempore (Mr. nication from the Honorable RICHARD Hutchinson Paul Walden BARTON of Texas) laid before the House A. GEPHARDT, Democratic Leader: Hyde Pease Walsh the following communication from the Inslee Pelosi Wamp HOUSE OF REPRESENTATIVES, Istook Peterson (MN) Waters Clerk of the House of Representatives: OFFICE OF THE DEMOCRATIC LEADER, Jackson (IL) Peterson (PA) Watts (OK) OFFICE OF THE CLERK, Washington, DC, July 9, 1999. Waxman Jenkins Petri HOUSE OF REPRESENTATIVES, Hon. J. DENNIS HASTERT, Weiner John Phelps Washington, DC, July 12, 1999. Speaker, House of Representatives, Johnson (CT) Pickering Weldon (FL) Johnson, E. B. Pitts Weller Hon. J. DENNIS HASTERT, Washington, DC. Johnson, Sam Pombo Wexler The Speaker, House of Representatives, DEAR MR. SPEAKER: I am writing to inform Jones (NC) Porter Whitfield Washington, DC. you that I am withdrawing my appointment Kanjorski Portman Wicker DEAR MR. SPEAKER: Pursuant to the per- of Mr. Salam Al-Marayati to the National Kelly Price (NC) Wilson mission granted in Clause 2(h) of Rule II of Commission on Terrorism. Kennedy Quinn Wolf the Rules of the U.S. House of Representa- Mr. Al-Marayati was recommended for this Woolsey Kildee Radanovich tives, I have the honor to transmit a sealed commission by individuals who knew him to King (NY) Ramstad Wu Kingston Regula Wynn envelop received from the White House on possess several qualifications, including Kleczka Reyes Young (AK) July 12, 1999 at 3:33 p.m. and said to contain knowledge of the subject matter, involve- Klink Reynolds Young (FL) a message from the President whereby he ment in interfaith dialogue, and extensive Knollenberg Riley transmits the District of Columbia’s Fiscal public service experience. Upon subsequently Year 2000 Budget Request Act. learning of questions about this appoint- NAYS—5 With best wishes, I am ment, I supported efforts to refer them to Bonior Dingell Sununu Sincerely, those agencies that will be involved in con- Conyers Rahall JEFF TRANDAHL. ducting background investigations and H5350 CONGRESSIONAL RECORD — HOUSE July 12, 1999 issuing security clearances for all members their service are not included either, or pride of authorship of any current of the commission. but their deaths are fundamentally farm policies should stand in the way I have since been informed that unlike Mr. tied to their experiences in Vietnam. of finding answers quickly for turning Al-Marayati, all other appointees to the These veterans and their families de- around and meeting this farm crisis. commission either hold or recently held se- curity clearances and will only require a serve recognition and support. The administration must use the ex- brief update in order to begin their service. I This year, last April 19, the Vietnam port promotion tools and dollars the have also been notified that in order to issue Veterans Memorial Fund held its first Congress has authorized and be more for any individual a first-time security clear- ‘‘In Memory Day’’ to commemorate innovative and aggressive in meeting ance of the level likely to be required for the these people who died but whose deaths the crisis. sensitive matters to be reviewed by the com- do not merit inscription on the Wall. Without immediate and concerted ac- mission, the investigating agencies generally From this year forward, the ‘‘In Mem- tions now, thousands of farm families require up to twelve months or more to con- ory Day’’ event will be observed each who have been financially responsible duct a complete background investigation. In light of the fact that the term of the year at the Wall, along with Memorial and good farmers will be forced from commission is only six months, it has be- Day and Veterans Day, as one of the of- their farms. Modest accumulated sav- come evident that an appropriate security ficial ceremonies of the Vietnam Vet- ings and assets built up through years clearance is not likely to be processed in erans Memorial Fund. Names of fallen of effort and investment are being time for Mr. Al-Marayati to participate in comrades will be added to the ‘‘In wiped out and growing debts look over- the commission’s work. This situation has Memory Honor Roll’’ each year, just as whelming. therefore required that his appointment to the names of those who died as a result Mr. Speaker, the bipartisan leader- the commission be withdrawn. of combat in Vietnam are added to the ship and members of the Agriculture Despite these circumstances, Mr. Al- Marayati is prepared to provide input to the famous memorial at the Wall. Committees of the two Houses of Con- commission on matters of interest and con- Many returning heroes came back gress must find solutions and proposal cern to the American Muslim community. I from Vietnam with their health shat- actions now, not after the 1999 harvest hope the commission will listen to the voices tered, both physically and mentally. is complete. That will be too late for of this community and address the issues of They were wounded by their time in thousands of farmers, ranchers, and ag- civil rights for all Americans consistent with Vietnam, and they deserve our grati- ribusiness-dependent families and com- a strong U.S. anti-terrorism policy. tude and recognition. munities. A whole farm infrastructure Sincerely, I urge my colleagues to support is threatened. The leaders of the two RICHARD A. GEPHARDT. House Concurrent Resolution 134. Houses also must give this matter a f f top priority for action. SPECIAL ORDERS WE NEED ACTION NOW ON REAL Mr. Speaker, this Member knows these terrible economic problems are The SPEAKER pro tempore. Under CRISIS IN FARM COUNTRY not being ignored by our agriculture the Speaker’s announced policy of Jan- The SPEAKER pro tempore. Under a committees here on Capitol Hill even if uary 6, 1999, and under a previous order previous order of the House, the gen- the White House and USDA seem indif- of the House, the following Members tleman from Nebraska (Mr. BEREUTER) ferent. Solutions to our current di- will be recognized for 5 minutes each. is recognized for 5 minutes. lemma are not obvious. The situation f Mr. BEREUTER. Mr. Speaker, during results from perhaps an unprecedented the Independence Day district work pe- LET US HONOR ALL VIETNAM or at least totally unexpected combina- riod, this Member continued his series VETERANS tion of factors. of town hall meetings with 14 addi- When this Member asked his farm The SPEAKER pro tempore. Under a tional meetings to hear the views and constituents for ideas or solutions, few previous order of the House, the gen- questions of my constituents. Many have specific answers and there cer- tleman from California (Mr. FILNER) is subjects were discussed, but two sub- tainly is little agreement. However, recognized for 5 minutes. jects understandably dominated their one comment is heard over and over Mr. FILNER. Mr. Speaker, I rise concerns. again: the loan deficiency payments ar- today to speak of an urgent need that The first, overwhelmingly expressed, rangement provides no floor for prices. is addressed by House Concurrent Reso- as it has been all year, related to the And it may, in fact it is suggested, be lution 134, a resolution which we call deplorably bad conditions for farmers driving commodity prices down and the ‘‘In Memory Day’’ resolution intro- and the communities and small busi- helping only the major grain compa- duced earlier this month. nesses that serve farmers and depend nies. This must be examined. When passed, this resolution will af- upon agriculture. All grain, soybean, Second, farmers argue in large num- firm that Congress supports the goals and livestock prices are very low, some bers that they want to see a farmer- and ideas of what we have been calling unprecedently low this year, while the held reserve reinstituted. ‘‘In Memory Day,’’ which is the third predictions are all equally gloomy. Monday of April. World surpluses and export losses in b 1900 Though the Vietnam Veterans Memo- the Asian markets, huge projected 1999 That needs to be seriously considered rial is a deeply moving reminder of harvest numbers, coupled with the and a decision made, one way or an- many courageous Americans who gave strength of the dollar as compared to other, with an explanation for the deci- their lives for their country, it includes our export competitors’ agricultural sion. And, third, farmers and agri- only the names of those who died from commodities and products, have cre- culture leaders also believe the grow- combat wounds. Many other brave vet- ated desperate conditions for farmers. ing concentration of companies that erans have died as a result of their It is reported that the U.S. Govern- supply the farm population with key service in Vietnam, but their causes of ment has actually spent more in farm inputs and others which serve as their death do not fit within the criteria es- subsidies during the current year than markets deserve closer and immediate tablished by the Department of Defense during the most expensive year of the scrutiny by the USDA and the Justice for inscribing their names on the Me- previous farm bill. But those subsidies Department. These complaints need to morial. By observing ‘‘In Memory are not appreciably alleviating what is be seriously addressed before it is too Day,’’ we will honor these patriotic a real crisis in farm country. Net farm late. Americans and remember their sac- income per farm in my State of Ne- Mr. Speaker, we need action now on rifice. braska last year is a negative number a real crisis in farm country. Veterans whose deaths were hastened after average Federal subsidies are sub- f by exposure to Agent Orange, for exam- tracted, as contrasted to a net farm in- ple, count among the casualties of come of over $40,000 two years ago. EDWARD R. ROYBAL CENTERS FOR Vietnam, but their names are not in- This Member has said for nearly a DISEASE CONTROL AND PREVEN- scribed on the Memorial. Veterans who year now that no ideas or proposed so- TION (CDC) CAMPUS have taken their own lives as a result lutions are off the table, all deserve The SPEAKER pro tempore (Mr. GIB- of the deep psychological wounds from consideration. No ideological blinders BONS). Under a previous order of the July 12, 1999 CONGRESSIONAL RECORD — HOUSE H5351 House, the gentlewoman from Cali- multiple national championships. they made the national championship, fornia (Ms. ROYBAL-ALLARD) is recog- Players were celebrities. By the late the NBA playoffs, but the Fort Wayne nized for 5 minutes. 1950’s as I was growing up, softball was Coliseum had booked the national Ms. ROYBAL-ALLARD. Mr. Speaker, no longer as significant, but I remem- bowling tournament so the Pistons I have just returned from a very special ber my dad talking about Leo Luken were booted out of the auditorium and event at the Centers for Disease Con- and Bernie Kampschmidt as if they had to play their games in Indianap- trol and Prevention. Today, the main were Nellie Fox and Ernie Banks, my olis. The next year they moved to De- campus of the CDC was renamed the baseball heroes. troit. Edward R. Roybal CDC Campus, in After having success in softball, in To quote a couple of the long-term honor of my father who served as a 1939 Zollner fielded a team in a Chicago people associated with this, Carl Ben- Member of this Chamber for 30 years. industrial league tournament and nett, who crusaded to get Fred Zollner In addition, he was presented with the never looked back. The Fort Wayne into the Basketball Hall of Fame, said: Champion of Prevention Award, CDC’s Zollner Pistons, now known as the De- ‘‘If somebody would have asked me most prestigious award, reserved for troit Pistons, were not Fort Wayne’s when I was a kid what I wanted to do individuals who have made significant first pro basketball team. The Fort with my career, I would have told them contributions to public health. Wayne Knights of Columbus, the exactly what I did for Fred Zollner’s Quoting CDC Director, Dr. Jeffrey P. Caseys, and the Fort Wayne Hoosiers organization. It was fun and extremely Koplan, ‘‘All his life, no matter where were. And the Fort Wayne General rewarding.’’ or at what level he sat, Edward R. Roy- Electrics played in the NBL, the Na- There are two books out. Indiana had bal has made the public’s health his tional Basketball League, in 1937. The three of the original members of the personal and professional priority. His Fort Wayne Zollner Pistons left Fort NBA. ‘‘Pioneers of the Hardwood’’ re- leadership has prevented the illness Wayne at the end of 1957 but continue fers to that. The other is the Zollner and health of many Americans.’’ today as the Detroit Pistons. Piston Story by Roger Nelson. Many of my colleagues who served There were many eventful years in George Yardley, a Hall of Famer, said with my father during his tenure from Fort Wayne. For most of the Fort about Fort Wayne: 1963 to 1993 will recall his zeal and com- Wayne era, the Pistons played at the ‘‘My wife and I didn’t know what to mitment to health promotion and dis- North Side High School gym. The en- expect when we got to Fort Wayne. We ease prevention and the very special thusiastic fans and confined quarters had never seen snow before. Major place CDC has in his heart. I hope that gave the Pistons a significant league sports to Fort Wayne was the this and future Congresses will remem- homecourt advantage. Minneapolis Pistons. They were great basketball ber and emulate his belief in protecting Lakers’ star Slater Martin was quoted fans. But more importantly, they were the Nation’s health and safety through on the courtside seating at North Side: great people. They wanted you to know prevention and applied research and ‘‘I never really saw the fans get phys- that Fort Wayne was a great place to programs. Our whole family is very ical with the players. But I did have live, and they did everything they proud of my father, but none more them pull the hair on my legs.’’ could to illustrate that to you. To this Fred Zollner was a key in keeping than my mother who has stood next to day I believe that Fort Wayne has the National Basketball League sol- him through all his accomplishments some of the coldest weather and warm- vent. Carl Bennett, whose personal his- and who through her support made est people in the country.’’ tory with the Pistons is so intertwined In Fort Wayne we no longer have the many of those accomplishments pos- with Zollner as to be inseparable, said Pistons basketball team, but we do sible. that Zollner never wanted anyone to have nearly 1,000 Zollner Pistons jobs f know how he kept the league—and pro that are part of the backbone of our basketball—alive. TRIBUTE TO FRED ZOLLNER, NBA community. We have the pride of hav- PIONEER He was constantly upgrading his team which eventually led to repeat ing been there in the early days of the The SPEAKER pro tempore. Under a national titles. The Zollner Pistons NBA, the first meetings occurring in previous order of the House, the gen- were multiple times national cham- Fort Wayne, and now having one of our tleman from Indiana (Mr. SOUDER) is pions. Two of their famous players community leaders being honored by recognized for 5 minutes. were ‘‘Mr. Basketball,’’ Bobby his selection into the Basketball Hall Mr. SOUDER. Mr. Speaker, I rise McDermott, who had long set shots of Fame. And we still have some of the today to pay tribute to a great Hoosier from past half-court; and Paul ‘‘Curly’’ coldest weather and the warmest peo- from Fort Wayne, the late Fred Zoll- Armstrong from Fort Wayne. These are ple in America. ner, who was just selected for the Bas- some of the late 1940s cards that I have I rise today to pay tribute to a great Hoosier ketball Hall of Fame. Too often we for- in my collection. from Fort Wayne, the last Fred Zollner, who get our history. They were also responsible for the in- was just selected for the Basketball Hall of Fred Zollner moved the Zollner Pis- vention of the 24-second clock, because Fame. Too often we forget our history. tons Company from Duluth, Minnesota, George Mikan, who was not only a Fred Zollner moved Zollner Pistons from in 1931 to the east side of Fort Wayne. giant at 6′10′′ but a talented athlete as Duluth, Minnesota in 1931 to the east side of During the 1930s the piston plant dou- well, had this huge height advantage. Fort Wayne. During the 1930s the piston plant bled in size, aided by hefty government They tried a different way to win. In doubled in size, aided by hefty government military contracts because of war prep- Minneapolis, as the crowd hollered, military contracts because of war preparations. arations. they stalled. It remains, and always Sports Illustrated described Zollner this way: Sports Illustrated described Zollner will, as the lowest scoring game in ``He is short and stocky, a dapper man this way: NBA history, 19–18. But the Zollner sporting peak lapels, a silk shirt, a constant ‘‘He is short and stocky, a dapper Pistons won and the league said this tan, and an unruly coiffure that suggests he is man sporting peak lapels, a silk shirt, will never happen again. about to mount a podium and conduct Bee- a constant tan, and an unruly coiffure Fred Zollner, along with Carl Ben- thoven's Ninth. He is the sort who would not that suggests he is about to mount a nett, met then with the people from harm a fly. Rather than swat one, he would podium and conduct Beethoven’s the BAA in Fort Wayne and merged the catch a cold holding the door open until the fly Ninth. He is the sort who would not leagues which then became the NBA got ready to leave.'' harm a fly. Rather than swat one, he from the leagues in Fort Wayne. Holiday magazine said: ``Zollner is a soft- would catch a cold holding the door Fred Zollner’s vision for Fort Wayne voiced, curly-headed manufacturer, a friendly open until the fly got ready to leave.’’ was for the Fort Wayne Zollner Pistons man with a taste for expensive, striped suits, In 1938, Mr. Zollner had formed a to be to the NBA what Green Bay was and the engaging knack of making them look company softball team for a local in- to professional football. But, alas, that as if he'd worn them to bed.'' dustrial league. In 1945, the Pistons in- was not to be. Fort Wayne was just too In 1938 Mr. Zollner had formed a company stigated the National Softball League, small. softball team for a local industrial league. In which they hoped would open the way He saw the writing on the wall in the 1945 the Pistons instigated the National Soft- to major league softball. They won mid 1950s, but the final event was when ball League, which they hoped would open the H5352 CONGRESSIONAL RECORD — HOUSE July 12, 1999 way to major league softball. They won mul- was a mixed bag but had four very strong Fred Zollner's organization. It was fun and ex- tiple national championships. Players were ce- teamsÐthe Fort Wayne Zollner Pistons, the tremely rewarding.'' lebrities. By the late 50s, as I was growing up, Rochester Royals (later moved to Cincinnati in For basketball buffs, there are two books softball was no longer as significant but I re- Hoosier Oscar Robertson days), George that most of this special order was based member my father talking about Leo Luken Mikan's Minneapolis Lakers (now the Los An- upon. Rodger Nelson has written the Zollner and Bernie Kampschmidt as if they were Nel- geles LakersÐever wonder where the lake Piston Story, covering both the basketball and lie Fox and Ernie Banks, my baseball heroes. was in LA?), and the Indianapolis Krautskys softball teams. Todd Gould has written a book After having success in softball, in 1939 (named after local grocery store owner Frank titled Pioneers of the Hardwood, about not Zollner fielded a team in a Chicago industrial Krautsky). These teams actually dominated only the Pistons but other early pro Indiana league tournament and never looked back. the NBA for most of its first years. basketball teams as well. Indiana, in the sec- The Fort Wayne Zollner Pistons were not Fort Maurice Podoloff, the Commissioner of the ond year of the merged leagues, had 3Ð Wayne's first pro basketball teamÐthe Fort BAA, came to Fort Wayne to Carl Bennett's threeÐof the NBA teams. Wayne Knights of Columbus (the Caseys) and home. After preliminary discussions, they were Let me close with several quotes from the the Fort Wayne Hoosiers were. And the Fort joined the next day by Fred Zollner and then Pioneers of the Hardwood, from former Fort Wayne General Electrics played in the NBL the Indianapolis Krautsky's owners in Fort Wayne Zollner Piston basketball stars. (National Basketball League) in 1937. The Wayne. The agreement to pull the four teams Frank Brian: ``Whenever I hear the song Fort Wayne Zollner Pistons left Fort Wayne at from the NBL and join with the BAA was the `Back Home Again in Indiana' I get real nos- the end of 1957 but continue today as the De- start of the NBA. Additional changes occurred talgic, because Indiana was like a second troit Pistons. over the next few years but the core remains home to me. The fans were so congenial and There were many eventful years in Fort until today. really loved their basketball. Basketball was its Wayne. The Fort Wayne Zollner Pistons brought own special culture there. When anybody ever For most of the Fort Wayne era, the Pistons many thrills to northeast Indiana, including one asks me about the fans in Indiana, there's played at the North Side High School gym. of the early NBA All-Star games which fea- only one word I can sayÐunbelievable. Yes, The enthusiastic fans and confined quarters tures such stars as George Mikan (whose sir, unbelievable. It was great.'' gave the Pistons a significant homecourt ad- 1948 basketball card is the most valuable of Hall-of-Famer George Yardley, the first Pis- vantage. Minneapolis Laker's star Slater Mar- all time), Bob Cousy and Dolph Schayes. The ton and the first NBA player in history to score tin was quoted on the courtside seating at then brand new Allen County War Memorial 2000 points in a season, said, ``If it's winter- North Side: ``I never really saw the fans get Coliseum was a showpiece arena, packed to time, and it's Indiana, it must mean basketball. physical with the players. I had them pull the the ceiling with over 10,000 fans. Over 8,000 The fans there were really wonderful. I loved hair on my legs through.'' came to see the Zollner Pistons defeat the it, truly loved it. It was the greatest experience Fred Zollner was key in keeping the NBL Boston Celtics, during Bill Russell's first visit in the world.'' (National Basketball League) solvent. He gave there. Yardley, a California boy and Stanford grad, direct financial aid to other teams, he pur- Fred Zollner's vision for Fort Wayne was for also said about Fort Wayne: ``My wife and I chased players for cash to help keep teams the Fort Wayne Zollner Pistons to be to the didn't know what to expect when we got to afloat, and did other things to keep the league NBA what Green Bay was to professional foot- Fort Wayne. We had never seen snow before. going. Carl Bennett who's personal history ball. But, alas, it was not to be. New York, Major league sports to Fort Wayne was the with the Pistons is so intertwined with Zollner Chicago, Boston and other cities had millions Pistons. They were great basketball fans. But as to be inseparable said that Zollner never of people to draw from whereas Fort Wayne more importantly, they were great people. wanted anyone to know how he helped the had less than 200,000. But Fred Zollner not They wanted you to know that Fort Wayne leagueÐand pro basketballÐalive. only brought big-time basketball to a smaller was a great place to live, and they did every- Zollner treated his players well, being known size city, but he was instrumental in the found- thing they could to illustrate that to you. To throughout the league as a generous owner. ing of the NBA and much of its development. this day I believe that Fort Wayne has some He was the first owner to purchase a plane for Zollner saw the writing on the wall in the of the coldest weather and warmest people in the team. He did this even though he did not mid-fifties. He knew that the big-city teams the country.'' like to fly. It gave the Pistons such an advan- weren't thrilled to come to Fort Wayne. What In Fort Wayne we no longer have the Pis- tageÐplayers weren't as tired from travelingÐ may have finally pushed him over the edge, tons basketball team. We still have nearly that the league re-configured its schedule to according to long-time sports broadcaster and 1000 Zollner Pistons jobs that are part of the the disadvantage of Fort Wayne. Fort Wayne civic leader Hilliard Gates, was a backbone of our community. We have the Zollner was constantly upgrading his teamÐ situation that developed in 1955. Fred Zollner pride of having been there in the early days of which eventually led to repeat national titles. wanted badly to win an NBA championship. the NBA and now having one of our commu- The nation knew he was serious when he The Zollner Pistons made it to the finals. But nity leaders being honored by his selection signed ``Mr. Basketball''ÐBobby McDermott of the Fort Wayne Coliseum had booked the na- into the Basketball Hall of Fame. And we still the New York Celtics, then the most famous tional bowling tournament so the Pistons were have some of the coldest weather and warm- player in all of basketball famous for the tow- booted out of Fort Wayne for the NBA finals. est people in the country. ering two-hand set-shots typically from half- Now bowling was big in IndianaÐbowling still f courtÐor beyond. Paul ``Curly'' Armstrong was is very popular in IndianaÐbut it probably another favorite. wasn't the wisest move. The Fort Wayne Pis- TRIBUTE TO U.S. WOMEN’S The Zollner Pistons were also responsible tons lost four games to three, so the record NATIONAL SOCCER TEAM for the 24-second shot clock. When George should show that they did win all the games The SPEAKER pro tempore. Under a Mikan, who was not only a giant of his day at played in Indianapolis. previous order of the House, the gentle- 6′10′′ but a talented athlete as well, changed Dick Rosenthal, who played as a Piston and woman from Florida (Mrs. MEEK) is the nature of basketball with his huge height later was the University of Notre Dame's ath- recognized for 5 minutes. advantage, the Pistons decided to try a dif- letic director, said about Fred Zollner: ``He was Mrs. MEEK of Florida. Mr. Speaker, I ferent way to win. In Minneapolis, as the a man of vision. Fred nurtured professional rise today to pay tribute to the United crowd hollered, they stalled. It remainsÐand basketball from a very iffy proposition to a States women’s national soccer team. always willÐas the lowest scoring game in major business venture. He embodied the soul Our soccer team won the women’s NBA basketball history. 19±18. But the Fort of the organization and the league. Profes- World Cup. This tournament was held Wayne Zollner Pistons won. But the league sional basketball had come a long way. The this past weekend in Pasadena, Cali- said never again. game owes a great deal to the pioneer spirit fornia. Fred Zollner, coordinated by his able bas- of an owner like Fred Zollner.'' We are all very proud of our women’s ketball specialist Carl Bennett, was key in cre- Carl Bennett, who crusaded to get Fred soccer team. The 1999 women’s soccer ating the NBA as we know it today. The NBL Zollner into the Hall of Fame, and who for team has boldly gone where no United and the BAA (Basketball Association of Amer- most of the years of the Fort Wayne Zollner States soccer team has gone before. ica) were competing for players in a market in Pistons did most everything from coaching to And along the way, Mr. Speaker, they which few were able to make money. The managing to player personnel decisions, said: have taught us all that anything is pos- BAA had franchises in big cities with big are- ``If somebody would have asked me when I sible if you dare to dream; that by rais- nas (Madison Square Garden for example) but was a kid what I wanted to do with my career, ing the bar of expectations, there can few fans and not the best players. The NBL I would have told them exactly what I did for be no limits; that if you are allowed to July 12, 1999 CONGRESSIONAL RECORD — HOUSE H5353 fully realize your potential, you can rain of blue, red and orange fire over Just last year he joked that he have it all. They did, Mr. Speaker. the Indian Ocean in Australia. I rise looked forward to his 77th birthday They fought very, very hard. today to honor the memory of an as- saying, ‘‘I fully expect that NASA will The championship of our women’s tronaut who largely contributed to the send me back to the Moon as they soccer team won on the field in com- success of that program. treated Senator Glenn, and if they petition this weekend was more than a Charles ‘‘Pete’’ Conrad, who died last don’t do so, why then I will have to do feel-good athletic victory but a victory Thursday in a motorcycle accident at it myself.’’ for American women everywhere. From the age of 69, began service to his coun- The life of Charles P. Conrad, Jr., Liberty City in my district to Houston, try as a U.S. Navy aviator after grad- serves as an example of the patriotism to Los Angeles, the lives and hopes of uating from Princeton with an engi- and sense of adventure that sets the young women everywhere have been neering degree. It continued when he United States apart and makes us all, expanded and transformed by a new set was selected as a member of NASA’s as Americans, unique. I am proud to of American heroes, real-life role mod- second class of nine astronauts. He flew have known him in life, I honor him in els who are confident, strong and fe- on two Gemini missions, setting a death, and I marvel, as we all do, at his male. space fight endurance record on Gemini legacy. Their victory, however, was not just 5, and commanded Gemini 11 which f a victory for one team but a victory for docked with another spacecraft, lead- all girls and all women and a victory ing the way to the Apollo missions. INTRODUCTION OF H.R. 2448 for all America. And the culmination He is best known, though, for the dis- The SPEAKER pro tempore (Mr. GIB- of a very long process, of title IX. Not tinction of being the third man to walk BONS). Under a previous order of the too long ago, people said women ath- on the Moon. Apollo 11 captured the House, the gentlewoman from Hawaii letics was perhaps a waste of time and world’s imagination, but the mission (Mrs. MINK) is recognized for 5 minutes. money, that women could not perform. missed its landing site by several Mrs. MINK of Hawaii. Mr. Speaker, I rise This victory shows, Mr. Speaker, that miles. Commander Conrad’s mission today to introduce H.R. 2448, a bill to restore all that was needed for women was the proved that not only could we go to the fairness to our immigration system. Family re- opportunity to compete on an equal moon but we can land on our target. unification is a fundamental principle of U.S. level. This mission goal was essential if any immigration law. Another key principle gives I am a former athlete, Mr. Speaker. I scientific exploration of the moon was American citizens priority over non-citizens ran track and played basketball in col- going to take place. Unlocking the when they seek to bring their relatives here. lege more than a few years ago. I know mysteries that the moon presents re- Most of the time, Americans get their peti- the importance of role models in life quires the ability to excavate specific tions handled first. and sports. I had outstanding role mod- sites. Apollo 12 and Pete Conrad proved But an aberration arises when Americans this to be possible. els like Lua Bartley and Babe Minor. seek to bring their unmarried sons and daugh- Five years later, when Skylab was Now, Mr. Speaker, little girls and ters here from the Philippines. In this case, launched into orbit atop a Saturn V women all across America have a new rocket, major damage was sustained U.S. citizens wait several years longer than set of real-life American role models which would have to be repaired in legal residents. who are driven, determined, aggressive, space if the microgravity laboratory The Department of State reports that such tough and committed. That is our program was to be useful. Pete Conrad U.S. citizen petitions are backlogged to Octo- United States 1999 women’s national answered the call to duty on the first ber 1, 1987, while legal resident petitions are soccer team. manned mission to the space station. backlogged only to August 1, 1992, a dif- This weekend’s victory was a coming He and his crew mates repaired the ference of five years. The law was never de- of age for women. In a real sense, it is damage in three exhaustive EVAs in signed to make citizens wait longer than legal something you cannot touch or you addition to conducting a number of residents, and we must correct this problem. cannot quantify. Because little girls all other experiments over the 3 weeks Mr. Speaker, I would like my colleagues to over the world, Mr. Speaker, saw they spent aboard the station. imagine how devastating it is to achieve Amer- strong, independent and capable When he left NASA, Pete Conrad was ican citizenship, only to find that this move sig- women playing soccer these past 3 never far away. His enterprising spirit nificantly postponses your own child's visa. It weeks, they will realize that they are took him into the fertile environment is a heartbreaking task to have to inform con- not crazy for wanting to do something of the commercial space industry, first stituents of this sad fact. out of the ordinary, to excel them- with McDonnell Douglas and then on My bill fixes this irregularity. Simply put, it selves in athletics. They are saying to his own with Universal Space Lines ensures that a legal resident who files for a themselves, ‘‘If they can play soccer and several sister companies. The vi- son or daughter to immigrate will not have to and win, I can be a CEO of a Fortune sionary Pete Conrad recognized that it wait longer for his children to arrive after he 500 company.’’ will be up to private industry to truly gains U.S. citizenship. Thank God for all of the dedicated open the commercial markets of space, U.S. citizenship is a great honor. By passing soccer moms, Mr. Speaker, in this so he created companies to design reus- H.R. 2448, we can ensure that it remains a country that have driven their girls able launch vehicles and build ground great privilege as well. I urge my colleagues to back and forth to rehearsal over and tracking systems, with the goal of support this legislation. over again. May they continue to pro- making it easier, cheaper and safer to H.R. 2448 vide the continued support that fosters put people and equipment into space. Be it enacted by the Senate and House of World Cup winners. Through my work on the Committee Representatives of the United States of America I am proud of our women’s soccer on Science, I had the pleasure of meet- in Congress assembled, team and what they have done for our ing Pete Conrad, as a matter of fact, SECTION 1. PREVENTING IMMIGRANTS FROM national psyche and for the psyche of most recently several months ago. I WAITING LONGER FOR IMMIGRANT Americans from coast to coast. Girl VISAS AS A RESULT OF RECLASSI- have always been impressed by the FICATION FROM FAMILY SECOND power and the power of women, Mr. force of his personality. He seemed to PREFERENCE TO FAMILY FIRST Speaker, live on. exemplify the maxim of ‘‘attitude is al- PREFERENCE. f titude.’’ At 5 feet 6 inches, Pete Conrad (a) IN GENERAL.—Section 203 of the Immi- gration and Nationality Act (8 U.S.C. 1153) is IN MEMORY OF ASTRONAUT personified this quip with his eye to- ward enterprise and adventure. amended by adding at the end the following CHARLES ‘‘PETE’’ CONRAD new subsection: The SPEAKER pro tempore. Under a b 1915 ‘‘(h) ASSURING IMMIGRANTS DO NOT HAVE TO previous order of the House, the gentle- Though highly regarded as a truly WAIT LONGER FOR AN IMMIGRANT VISA AS A RESULT OF RECLASSIFICATION FROM FAMILY woman from Maryland (Mrs. MORELLA) terrific pilot, he had a reputation as a SECOND PREFERENCE TO FAMILY FIRST PREF- is recognized for 5 minutes. jokester. Upon setting foot on the ERENCE.—Notwithstanding any other provi- Mrs. MORELLA. Mr. Speaker, 20 Moon, he cheered, ‘‘Whoopee, that may sion of law, in the case of a petition that has years ago today, the NASA space lab- have been a small one for Neil, but been approved to accord preference status oratory Skylab fell to the earth in a that’s a long one for me.’’ under subsection (a)(2)(A) may be deemed to H5354 CONGRESSIONAL RECORD — HOUSE July 12, 1999 provide continued entitlement to status been lost on the morass of most pa- they launched the greatest republic in under that subsection in the case of any thetic adventures at the White House. the history of human civilization. alien petitioner who is subsequently natural- Much of the distraction can clearly be f ized as a United States citizen, if a visa is blamed on the unfortunate slide fur- not immediately available to the beneficiary PATIENTS’ BILL OF RIGHTS ACT under subsection (a)(1).’’. ther into the gutter of a darkening (b) EFFECTIVE DATE.—The amendment American political culture. Months of The SPEAKER pro tempore. Under a made by subsection (a) takes effect on the intense persistence and live impeach- previous order of the House, the gen- date of the enactment of this Act and applies ment news coverage coupled with tleman from Kansas (Mr. MOORE) is to petitions filed before, on, or after such round-the-clock, Hollywood-style polit- recognized for 5 minutes. date, without regard to when an alien peti- ical analysis by neophyte pundits has Mr. MOORE. Mr. Speaker, I am here tioner was naturalized as a citizen of the cast a warped and unhealthy light on today to express my support for a Pa- United States. tients’ Bill of Rights act in the strong- f this Congress. Mr. Speaker, our democratic republic est and most personal terms. I have REPUBLICANS IN CHARGE needs and craves active participation been in office less than 200 days, and I The SPEAKER pro tempore. Under a by citizens who earnestly care about have grown tired of explaining to my previous order of the House, the gen- our future, and now more than ever constituents why this Congress does tleman from Colorado (Mr. SCHAFFER) this pursuit must emanate from a gen- not want to extend basic rights and is recognized for 5 minutes. uine desire to secure a better America protections to patients in this country. Mr. SCHAFFER. Mr. Speaker, re- to ensure a stronger republic and honor One of my constituents who suffers turning today after a week-long Fourth those brave men and women who lived from ovarian cancer was refused sur- of July district work period, I had an and died defending our great country. gery by her HMO on the grounds that opportunity over that break to meet What we saw in 1998, however, was a the surgery was experimental, al- with so many Coloradans who cele- sort of Jerry Springer show meets C- though this particular procedure had a brated the 223rd anniversary of the Span where the American people were greater success rate than other proce- signing of the Declaration of Independ- given front row seats and encouraged dures approved by the HMO. ence and the launching of our great Na- to cheer whenever one politician threw And on a more personal basis, my tion. Many of those individuals look furniture at another. To be sure, cer- wife about 4 years ago was told by her forward to the future of our country tain politicians supplied ample fodder physician she needed surgery. We with great hope and optimism for some for these exhibitions, and many I con- scheduled an appointment with her who are disturbed somewhat by the fess contributed directly to the further physician, and he happened to be a tenor of the political process here in denigration of American politics. But high school classmate of mine and Washington, D.C., and that was empha- there were many more in Congress who treated my wife for about 14 years. sized perhaps most dramatically just dutifully fulfilled their constitutional During the conference with her physi- this morning before I hopped on the responsibility and took very seriously cian, I asked the doctor what needed to plane to come back to Washington. their oaths to preserve and protect our be done to accomplish the surgery, and I held a town meeting, as I do every republic. These are the same Members he told me that it would be simple. Monday morning half the distance be- who, despite the frenzied pressure and Number one, we just needed to sched- tween Fort COLLINS and Loveland in ridicule of the Oval Office and the ule surgery, and number two, he would my district. It allows constituents an media, advanced the vitally important write a letter to her insurance com- opportunity to meet and discuss over process of governing. pany in California and get authoriza- breakfast the many issues facing us, Mr. Speaker, Republicans can be tion for this surgery. Well, he wrote but there was a woman who stood up proud. Our proposals to deliver a bal- the letter, and 6 days later he got back and commented on a remark that she anced budget are on schedule, includ- a letter from the insurance company had seen, and I had seen it as well in ing a much-needed replenishment of saying: the media, about a colleague of ours our national defense and programs. Re- Dear Dr. Sullivan, before we approve here in the House from the Democrat publicans are also spearheading edu- this surgery and authorize payment for side of the aisle, said that there was a cation initiatives to return autonomy this surgery, we want you to do this Member of the minority party, saw no to parents and States in managing test and this test and this test. reason for the Democrats to cooperate their schools; and biggest of all, we Dr. Sullivan was furious about this or to compromise or to work with the have passed the balanced budget blue- letter back from the insurance com- majority party in Congress; that it print saving Social Security and Medi- pany because essentially it was his at- would be to their political advantage care while still providing much-needed titude that she was, my wife was his to see a Congress that did nothing. tax relief for American families and patient. Everything this insurance Well, it is the kind of disturbing com- their businesses. company knew about my wife’s case ment that I think strikes most Ameri- Furthermore, Mr. Speaker, the bal- was from medical records provided by cans as unfortunate certainly, and they anced budget amendment resolution, Dr. Sullivan to this insurance company are hoping that there are those who are H.J. Res. 1, which I introduced on the in California, and yet they were trying willing to stand up in spite of those first day of the 106th Congress, will to tell him how to practice medicine in kinds of sentiments and lead the coun- constitutionally bind the government Kansas. try regardless. to spending no more than it collects in After about 5 months of wrangling The rantings of Democrats might Federal revenues. Republicans will back and forth, finally there was ap- lead one to believe Congress is doing keep spending in line to allow us to proval and authorization for this sur- nothing important, but important begin paying down the massive debt ac- gery, and it worked out fine. But the things are being accomplished despite crued over 40 years of Democrat taxing point is every time I tell this story Democrat opposition and liberal and spending policies. back in my district, I see heads nod in stonewalling. But despite the surreal Clintonesque the crowd because people have had a As my colleagues know, 7 months atmosphere which perverted the cur- similar experience with an insurance having passed since the bizarre series rent political order in Washington, Mr. company; and I think it is time in this of events and criminal denials leading Speaker, there remain committed Re- country that we extend basic protec- to the second impeachment of a sitting publicans, loyal hard-working Ameri- tions and rights to patients who need President, America is still reeling from cans who are legitimately concerned them to assure a balance between in- its bewildering constitutional exercise. for our country and who wish to see it surance companies and patients to Self-serving claims of our liberal coun- move forward for the good of our chil- make sure that we are talking about terparts to the contrary, Mr. Speaker, dren. Our challenge now is to lead the patients here and not just about prof- America does not suffer a do-nothing rest of America to abandon Jerry its. Congress. Springer politics in favor of the same Mr. Speaker, the Senate is debating Still, the several important Repub- common sense and divine providence managed care reform this week. Let us lican accomplishments seem to have upon which our Founders relied when give this issue a fair hearing in the July 12, 1999 CONGRESSIONAL RECORD — HOUSE H5355 House of Representatives and give my The gentleman will refrain from Again, if it is not necessary to pass constituents the fairness they deserve. characterizing Senate actions. HMO reform, why is it that we have a f The gentleman from New Jersey may report showing that it is needed and in continue. fact that patient protections are being REPORT ON RESOLUTION PRO- Mr. PALLONE. Mr. Speaker, what I ignored? VIDING FOR CONSIDERATION OF wanted to point out this evening, Also the previous Friday in the New H.R. 2465, MILITARY CONSTRUC- though, is that even though it is true York Times was an article that said TION APPROPRIATIONS ACT, 2000 that the HMO reform debate has begun, that HMOs will raise Medicare pre- Mr. DREIER, (during the Special that we still have a problem in the miums or trim benefits. So not only do Order of Mr. PALLONE) from the Com- sense that the Republican leadership is we have the HMOs essentially saying mittee on Rules, submitted a privi- unwilling to support or, I think, ulti- that they are not going to provide the leged report (Rept. No. 106–227) on the mately even have considered particu- patient protections on a voluntary resolution (H. Res. 242) providing for larly here in the House of Representa- basis, but also they are talking about consideration of the bill (H.R. 2465) tives the Patients’ Bill of Rights, and I raising premiums, trimming benefits making appropriations for military just wanted to start out this evening, if for their patients who are part of their construction, family housing, and base I could, by pointing out a few things plan. realignment and closure for the De- that occurred and that were in the b 1930 partment of Defense for the fiscal year newspaper the last week or so on this ending September 30, 1999, and for issue, and then I want to yield to the So I would maintain, and we are other purposes, which was referred to two Congresswomen that are here to- going to talk about this for a long time the House Calendar and ordered to be night to join me. tonight and other days, that in fact we printed. One of the things that was in today’s do need legislation. We do need the Pa- f paper, in the New York Times, was an tient’s Bill of Rights. I am pleased with article by Robert Pear which is enti- the fact that the other body has at REPORT ON RESOLUTION PRO- tled, Managed Care Lobbyist Is Ready least started the debate on this issue. VIDING FOR CONSIDERATION OF For The Debate; and essentially what Mr. Speaker, I have two Members H.R. 2466, DEPARTMENT OF THE this article says is that the HMO indus- who are here tonight and who are join- INTERIOR AND RELATED AGEN- try has commenced because of what is ing me. CIES APPROPRIATIONS ACT, 2000 happening in the other body, that the I yield to the gentlewoman from Mr. DREIER, (during the Special HMO industry has commenced a huge California (Ms. LEE), who I know has Order of Mr. PALLONE) from the Com- lobbying effort not only by hiring lob- been an advocate for the Patients’ Bill mittee on Rules, submitted a privi- byists and paying them a lot of money of Rights and for HMO reform ever leged report (Rept. No. 106–228) on the to try to put an end to the Patients’ since she started here in the U.S. Con- resolution (H. Res. 243) providing for Bill of Rights and not allow true HMO gress. consideration of the bill (H.R. 2466) reform to pass, but also by spending Ms. LEE. Mr. Speaker, I thank the making appropriations for the Depart- millions of dollars on TV and in adver- gentleman for yielding, and also for ment of the Interior and related agen- tisements to try to kill any kind of conducting this special order tonight, cies for the fiscal year ending Sep- HMO reform. and for his hard work on this. tember 30, 2000, and for other purposes, And just to give my colleagues an ex- Mr. Speaker, let me just say that I which was referred to the House Cal- ample of this, this is in today’s New rise in strong support of the Demo- endar and ordered to be printed. York Times. It says, it says specifi- cratic Patients’ Bill of Rights, which f cally here, that the association and its will provide fundamental measures to business allies, and this is the HMO in- fix the current health insurance sys- PATIENTS’ BILL OF RIGHTS dustry, have flooded the air waves and tem, as well as provide patients with The SPEAKER pro tempore. Under newspapers with advertisements oppos- access to basic needed care. the Speaker’s announced policy of Jan- ing legislation to regulate HMOs Patients should not have to face nu- uary 6, 1999, the gentleman from New through an umbrella group known as merous obstructions when they seek Jersey (Mr. PALLONE) is recognized for the Health Benefits Coalition. basic health care services. The Demo- 60 minutes as the designee of the mi- They spent $2 million on advertising cratic Patients’ Bill of Rights will nority leader. last year and have already spent more allow patients to have more access to Mr. PALLONE. Mr. Speaker, this than that this year with a new burst of the care that they need. With the pas- evening I have some of my colleagues, advertising planned for this week while sage of this bill, individuals will have and I want to thank the previous the other body debates this issue. The more access and the ability to receive speaker, my colleague from Kansas advertisements attack the main demo- emergency medical services, essential (Mr. MOORE), for talking about the Pa- cratic bill by name, and of course it medication, as well as necessary serv- tients’ Bill of Rights and the need for goes on to explain that HMOs are most- ices from specialists and OB–GYN care. managed care reform. ly profit making. It also has provisions for women’s The reason that we are here tonight The other thing that particularly and children’s health benefits. Pre- to talk about the Patients’ Bill of galled me was that when they talked scription drugs will be made more read- Rights and managed care reform pri- about the lobbying effort here in the ily available to patients. Many pa- marily is because the Senate began de- Congress, it says that what they are tients cannot obtain certain prescrip- bate today on the Patients’ Bill of trying to essentially say is that it is tion drugs because many HMOs refuse Rights, and I wanted to point out, Mr. not necessary to have new laws to reg- to pay for them. Unfortunately, pa- Speaker, that while it is true that the ulate HMOs because the HMOs are tients do not get adequate medication debate has begun today in the other being told now that they should volun- needed to successfully treat their con- body, and we are certainly appreciative tarily adopt a code of conduct that will dition in these instances. of that, it was only because Democrats provide for patients’ protections. The Democratic Patients’ Bill of over the last few weeks before the July I thought that was interesting given Rights allows patients to obtain the 4 break insisted almost to the point of the fact that just in the last week since needed medications, even if their HMO filibustering and saying that they we had the July 4 break, we have seen does not have them on their approved would not continue the appropriations articles in the same newspaper, in the list. We should not have to gamble process in the Senate if there was not New York Times, talking about the with patients’ health. The quality of an opportunity to bring up the Pa- long delays by HMOs that were cited in life should be a priority in all debates tients’ Bill of Rights and deal with the a New York report. This came out in surrounding health care issues. issue of HMO reform. New York. It was put out by Mark This bill will allow for more access ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Green, the city’s public advocate, and and freedom for our patients and doc- The SPEAKER pro tempore. The gen- it talks about how patients’ rights are tors when making decisions concerning tleman will suspend. being ignored. an individual’s health. Appropriate H5356 CONGRESSIONAL RECORD — HOUSE July 12, 1999 health care should be a medical deci- all of us here, regardless of party affili- this is the only way we can get the in- sion, not a business decision. ation, can cite instances of patients formation out to the general public. This bill addresses the importance of who have either gotten sicker or who Mr. PALLONE. I appreciate what the allowing patients to appeal their have died as a result of certain medical gentlewoman said. It is just very true. health plan’s decision, as well as hold- decisions that were not made on the One of the biggest problems that people ing HMOs accountable for their ac- basis of the health care benefit to have is that when they have been de- tions. This only makes sense. It is out- them, but rather, based on the profit nied certain types of treatment, they rageous that currently consumers have motive. are in bad shape, they are seeking an no recourse against HMOs that deny That is just wrong. We want to see operation, they are not feeling well by adequate health care to them, and they that stopped. I am convinced that this definition, or otherwise they would not are paying for it. This is wrong. People bill will stop that. We have to make need the treatment. are growing more and more frustrated sure that all of our people in this coun- It is at that very time when they with an inadequate health care system try have the best type of medical care, have to go through all these hurdles that does not listen to the needs of peo- and in fact that they and their doctors that currently exist, most of which do ple. are the ones making these decisions, not lead to anything anyway, because I support universal, accessible health not the business agents or insurance under the current law, the HMO can de- care for all, but until we have the po- companies. fine what is medically necessary. Then litical will to say that health care is a Mr. PALLONE. I appreciate that, Mr. they can have an internal process to basic right, and that our Federal Gov- Speaker. review what they have defined as medi- ernment must guarantee this right, re- One of the two issues that I point out cally necessary. So we never really gardless of income or employment sta- constantly that really show the dis- have somebody independent, outside, tus, this bill is a good first step. tinction between what the Democrats that can review the decision and take We must pass legislation with these have proposed in the Patients’ Bill of an appeal. I want to thank the gentle- very modest provisions. We have wait- Rights as opposed to the legislation woman again. ed long enough and have allowed too that the Republicans have put forward, Mr. Speaker, the gentlewoman from many people to suffer. I urge my col- one is this whole issue of who is going the Virgin Islands is herself a physi- leagues to support putting people rath- to make the decision of what type of cian, and I know she has been part of er than profits first by supporting H.R. medical procedure we have, what type our Health Care Task Force for a few 358. of operation, how long we stay in the years now, and has spoken out fre- Mr. PALLONE. Mr. Speaker, I want hospital. quently on the issue of the Patients’ to thank the gentlewoman, and I think The problem right now is that the in- Bill of Rights. The gentlewoman deals that in many ways that really is the surance companies make those deci- from firsthand information. key. What we are talking about with sions. What we are saying with the Pa- Mr. Speaker, I yield to the gentle- the Patients’ Bill of Rights are com- tients’ Bill of Rights, with the Demo- woman from the Virgin Islands (Mrs. monsense patient protections that, cratic bill, is that that decision should CHRISTENSEN.) frankly, when we mention them to our be made by the doctor and patient. Mrs. CHRISTENSEN. Mr. Speaker, I constituents, they are surprised that The other thing, of course, is the en- thank the gentleman and I want to join they are not already the law, or they forcement. We say that there should be the gentlewoman from California (Ms. are not already required. external independent review, separate LEE) in thanking the gentleman for I will give the example with the gag and apart from the HMO, and if that rule that says that if a particular pro- fails we should be able to go to court leading this special order, and all of cedure is not covered by the HMO in and sue the HMO if they do not provide the other special orders, hearings, and the insurance policy, the doctor cannot the proper care. Of course, the Repub- activities to highlight this very impor- mention it to us, cannot mention that lican bill does not get into that kind of tant issue to all Americans, an issue procedure or treatment. When I tell enforcement. that is represented quite well in the that to my constituents, they are So I think one of the things we need Democratic Patients’ Bill of Rights. shocked to think that a doctor can be to do is draw those distinctions, if you At one time it was thought that man- told by the insurance company that will, between the Democrats’ bill, the aged care was a panacea, not only to they cannot mention a procedure just Patients’ Bill of Rights, and some of curb skyrocketing health care costs, because it is not covered, the so-called the other things that are being pro- but also to provide better health care gag rule. posed that really do not get to the for more people. As a physician from We are just looking for commonsense problem in a comprehensive way. the outside, I had serious doubts about protections here, but the reality is that Ms. LEE. We absolutely must show the outcome of a health care delivery there is so much money being spent to the distinction and difference, because system created to cut costs, rather counteract our efforts to try to legis- I don’t believe the American public than to heal and keep people well. late and come up with HMO reform. knows that there is a difference. People As time has gone on, my worst fears That is really what we are up against. just want to make sure that their med- have actually been realized. For 2 years So many of these HMOs are for profit, ical decisions are made between them- now, 2 years or more, we have been try- and basically the profit is the bottom selves and their physicians. That is ing to pass an important piece of legis- line for them. what they are asking us for. lation, one that the American people We have seen so many examples, and Also, people want to make sure that care about and one that they des- we had a couple before a hearing we when they are denied, they know why perately want and need. It is aptly had about 6 months ago where, because they are denied and they can appeal called the Patients’ Bill of Rights, and the HMO was seeking to be purchased this process. For the life of me, I know speaks to rights that we Democrats by a larger group, they were actually all of us have constituents who have want to return to the people and to the changing the policy of what was cov- called us and said, I just received a call doctors that they choose to put them- ered for certain kinds of procedures in back or a form in the mail saying that selves under their care. order to save costs, because they knew this procedure which my physician has But it is about something even more that a few months down the line they designated as the appropriate proce- important. It is about life and it is wanted to be purchased, and they dure has been denied. What do I do? We about the quality of one’s life. It is wanted to show that their profits were cannot respond at all. about putting health care decisions good, and they needed to change the I believe that under our bill, patients back in the hands of those who are policy on what they would cover as a will be able to respond very effectively trained to make those decisions. result of it. and will be able to receive the type of Today, after managed care has come So I think the gentlewoman is right health care that they need. Under the to cover the great majority of persons on point when she points out that it is Republican bill, they will not. The pub- who are insured by their employer, profits over patients in many cases. lic needs to understand this. what has happened paradoxically is Ms. LEE. Mr. Speaker, if the gen- So I appreciate the gentleman’s hav- that the American people have less ac- tleman will continue to yield, I think ing this special order tonight, because cess to health care, rather than more. July 12, 1999 CONGRESSIONAL RECORD — HOUSE H5357 We have an obligation to fix that, and So before I close, I also want to re- tried the discharge petition process, that is just what we, the Democrats, mind my colleagues that providing ac- where we come down to the floor and are trying to do through the Patients’ cess to necessary health care, which sign a petition the way our constitu- Bill of Rights. H.R. 3605, the Democratic Patients’ ents petition us and basically the way This Congress must make this com- Bill of Rights, does, is an important the rules provide that if a majority of mitment to our constituents a reality, step. It still is a part of what we need us sign a petition, that the bill comes and then we must move on to provide to do. to the floor, the Patients’ Bill of health insurance for all the other This bill does also begin to address Rights would come to the floor without Americans, many of them people of another issue important to providers of going to committee. That is, of course, color, who have none at all. color and the people we serve. Managed difficult, too, because we have to get a I am a physician, a family physician. care organizations operating in com- majority, and I believe because of the I was very fortunate to have been able munities of people with color often do delegate status of the gentlewoman to practice the old way, taking the not include traditional community pro- from the Virgin Islands, she is not even time to speak with and getting to viders within their system. The pro- allowed to sign the petition. Or maybe know my patients and their families, viders who work there are not always she can sign it, but it does not mean using what I had learned and what I culturally competent. In many local- anything that she signs it, which I continued to learn to provide preventa- ities, minority providers are closed out think is also unfortunate and should be tive care and treatment for their ill- and with them, their patients, who are changed. nesses when they needed it, to be free often sicker, and thus undesirable to But now that we have gotten a sig- to fully inform them of all of their the HMO because providing care for nificant number of Members to sign the treatment options, to refer them for them will cut into the all-important petition, I know we had over 180 before specialty consultation when needed, profits. the July 4th break, we are starting to and remain the manager of their care, Further, there are still too many see the Republican leadership get a lit- and yes, even being held accountable Americans who do not have any insur- tle restless and come up with other for the decisions that I made about ance coverage at all. The system will ideas about how to avoid a debate on their health care. not be right until all of us have access. this issue. One of the things they did was to That is the way medicine should be This Nation can never be all that it bring up a series of piecemeal bills that practiced. It is not that way anymore, holds out itself to be to the rest of the took little pieces of the patient protec- in many cases, and specifically in most world until all of its citizens and resi- tions that we have in the Patients’ Bill managed care organizations. That is dents have access to equitable, quality of Rights and basically brought them why I am here to join the gentleman health care. The Democratic Patients’ this evening to support the Patients’ up in committee and tried to get them Bill of Rights is a great first step and out of committee. Fortunately, there Bill of Rights. I join my colleagues in a very important first step. calling on the leadership of this body were a few, I think two or three, Re- I may have left the practice of pri- publicans who did not want to go along to bring the bill to the floor. vate medicine, but seeing that good The American people have lost their with that because, as the gentlewoman health care is available to all is still said, they wanted a comprehensive ap- faith in our health care system, and as very important to me. My colleagues a physician, I know just how important proach like the Patients’ Bill of on this side of the aisle and I am sure Rights, so that has gotten bogged it is to have confidence in the person a few on the other side will join us as and the facility where you receive your down. well and continue to work as long as Mr. Speaker, I am not sure what the care. we need to to see that this comprehen- latest tactics are to deal with that They rightfully want to have their sive bill of rights becomes a reality. piecemeal approach. We do have some doctors make the decisions about their I thank the gentleman for giving me Republicans that are joining us in the health care, not some paperpusher this time this evening. effort and feel that this really should miles away. They want to be able to b be a bipartisan issue, but unfortu- get to an emergency room when, in the 1945 nately it has not been because the Re- judgment of the one who knows their Mr. PALLONE. Mr. Speaker, I want publican leadership continues to not body best, themselves, something to thank the gentlewoman for what she allow the Patients’ Bill of Rights to be seems to have gone seriously wrong. said and for being a leader on all of the brought up. They want to go there with the peace issues of health care reform but par- Mr. Speaker, I just wanted, if I could, of mind that they will be seen without ticularly on the issue of the Patients’ to again say that the problem with undue delay, and that the visit will be Bill of Rights and managed care these piecemeal bills is essentially paid for. They want to be able to dis- reform. what I talked about before with the The gentlewoman mentioned some of cuss their care fully with their doctor, gentlewoman from California (Ms. LEE) to know all of the implications and the piecemeal approaches that we are which is the two key points: The fact available therapies. They insist on par- hearing from the Republican leader- that doctors and patients should make ticipating in the decision on when a ship, and I just wanted to remind my decisions about what kind of treatment specialist is needed, and they want to colleagues and maybe we could just or care they get and not the insurance be able to see one when one is. spend a few minutes explaining why we company is absent in those piecemeal Just as the doctor or the provider has are here tonight. bills. And, of course, there is no real always been accountable for the judg- Essentially, the problem that we face enforcement. There is no real oppor- ments they make, the managed care as Democrats is that the Republican tunity to go outside the HMO to make organization, when the decision is Majority in the House has been unwill- an appeal. There is no opportunity to theirs, must also be held accountable. ing to bring up the Patients’ Bill of sue in a court of law if someone is seri- So just as Americans have lost faith in Rights. And since we do not control the ously damaged. managed care, they are about to lose procedure either in committee or on So I think it is important that we their trust in this body because the the floor of the House, we are forced es- keep raising this issue and even though leadership has failed to address this sentially just to speak out and explain we do have the other body now bring- issue that they, the people of America, why it is unfair that the Patients’ Bill ing up the issue of HMO reform, it is rank as the most important to them of Rights has not been brought up here not at all clear whether or not we are and their families. in the House of Representatives. going to really see action on the Pa- I applaud the other side for taking up Obviously, what we have tried to do tients’ Bill of Rights. So we will have S. 6 this week, but it is important that from the beginning of this year is to to wait and see what develops in that they and we pass a comprehensive bill. have a hearing on the bill in com- regard. Piecemealing this issue will not fix it. mittee, which has not been allowed, Mrs. CHRISTENSEN. Mr. Speaker, I Just as we physicians must treat the and then to mark it up and bring it to agree with the gentleman from New whole patient or the whole person, this the floor. When none of that was pos- Jersey. He said earlier that it is a com- Congress has to fix the entire system. sible for the last 6 months, we then mon sense bill and it is what the people H5358 CONGRESSIONAL RECORD — HOUSE July 12, 1999 of America have said they want. They with something like chest pain and, where we could actually bring the bill want their doctors who have been while waiting for an approval, those up, they are now turning to a different trained to sit with them and make the first few minutes are some of the most device to bring up legislation that they decisions about their health care. They critical minutes, and the person had an pretend is some kind of HMO reform want someone that they can have a arrhythmia and died. And so our bill is but really is not and does not pass the personal relationship with. And that very important, and it is a matter of test to really provide comprehensive personal relationship between the pa- life, as I said, and quality of life for patient protections to the average tient and the physician is a very im- American citizens. American. portant one, and it is not there in man- Mr. PALLONE. Well, basically, being Mr. Speaker, I want to make ref- aged care the way it is when the doctor from a legal background, I always erence in that regard to an op-ed arti- can make the decisions. think about the legal aspects of this. cle by Bob Herbert in The New York And, of course, if the managed care But the way I see it, essentially what Times that appeared just prior to the organization is making the decisions, the Patients’ Bill of Rights does in the break on Thursday, July 1. To the ex- then they ought to be held accountable emergency room situation is to essen- tent it talks about the action in the for making those decisions. But the Pa- tially put the burden on the HMO in other body, I will not get into that be- tients’ Bill of Rights that we are talk- that circumstance rather than on the cause we are not supposed to talk ing about, which is comprehensive, is patient. In other words, right now if about what happened in the Senate. what the American people have said the patient gets chest pains and feels But the op-ed does make the point that they want. they may be having a heart attack and that the Republicans really do not Mr. PALLONE. Mr. Speaker, I will they go to the emergency room, the want to bring up HMO reform, true give an example. HMO can find every excuse, assuming HMO reform like the Democrats’ Pa- Of course, the insurance companies they did not have a heart attack and tients’ Bill of Rights, and that they always say that they do not make the they survived, the HMO can say that will do whatever they can to try to decisions and it is really up to the phy- they should have had prior authoriza- avoid the issue and prevent a bill from sician. But, as the gentlewoman knows, tion. We would have known that chest passing here in the House of Represent- that is not the case. pain does not necessarily mean a heart atives, even though the American peo- I remember when my son was born, attack. ple have repeatedly spoken out and say he is about 4 years old now, and we What we say in our bill is say it is that they want HMO reform and they were at Columbia Hospital for Women the ‘‘reasonable person’’ formula. If the want the type of comprehensive ap- here in Washington; and at that time average person would think, if they proach that the Democrats have put my wife delivered him through C-sec- have chest pains, that they have to go forward in the Patients’ Bill of Rights. tion. I was told that, generally, the to the emergency room, that is good I just wanted to make reference to standard in the industry before HMOs enough. They do not have to prove certain sections of this op-ed which I came along was to allow the woman to after they had the heart attack to jus- think is very significant, and it refers stay in the hospital approximately 4 tify getting the emergency room care to the GOP right wing, The Restless days. We had a standard BlueCross, and paid for, which of course makes sense. Radicals, and it talks about the fight. The other thing, and the gentle- this actually was applying not just to And it says that the fight over HMO re- woman would know this better than I, HMOs but in general, but basically form was not over the merits of the what had happened is that a lot of the the other aspect of our bill is that in legislation but over the Republican HMOs have moved to allowing just 1 order to, as we said since we want to Majority’s refusal to even allow debate day for natural delivery and then 2 leave it to the doctor and the patient on a series of Democratic proposals days for C-section. The physician that to decide what is medically necessary, aimed at curbing abuses by insurance we had said that he really wanted my we use the standard practice in that companies and HMOs. wife to stay in the hospital at least an- particular specialty. So that the ref- I will just quote certain sections other day, for the third day, but he said erence that the HMO has to make to, here. that he could not authorize it because for example, a certain kind of cardiac ‘‘There is strong support among the the insurance company would not care or pediatric care is to the stand- public and among health care profes- allow it. I asked the question at the ards for that pediatric college or car- sionals for the Democratic proposals, time, I said, ‘‘I do not understand. diac college. I do not know the terms. known as the Patients’ Bill of Rights. Aren’t you the one that makes the de- The standard is that set by that spe- The Republicans have offered much cision?’’ And he said, ‘‘In theory I am, cialty, medical specialty, rather than weaker legislation and have not been but if I allow too many people stay the just by the insurance company; and anxious to permit a public airing of the extra day then they will penalize me or that is a big difference as well. differences. I may not be able to be part of the net- Mr. Speaker, what I was trying to do ‘‘Virtually all leading patient and work or whatever.’’ tonight, and I appreciate the input medical groups have supported the And so, even though they may say from the two gentlewomen, the two Democratic proposal’’ in the Senate, that that it is up to the doctor, the re- Congresswoman who so far participated ‘‘Senator [TOM] DASCHLE’s proposal,’’ ality is that the physicians are under in this debate, was to draw a distinc- says Senator EDWARD KENNEDY. ‘‘These these kind of financial or other licen- tion between the Democrats’ Patients’ groups do not care whether Democrats sure penalties, not licensure but to be Bill of Rights and some of the pro- or Republicans are on a piece of legis- able to stay in the network to not posals that the Republican leadership lation. They just want a strong bill. allow it. So, effectively, they control has put forward. I tried to point out And virtually every single leading——’’ the process and they make the deci- that, on the one hand, the Republican The SPEAKER pro tempore (Mr. GIB- sions and that is what we need to leadership here in the House has con- BONS). The gentleman will refrain from change. sistently refused to bring up HMO re- quoting Members of the other body. Mrs. CHRISTENSEN. Right. And I form, not only the Democrats’ Pa- The gentleman may continue. believe one of the articles, that we had tients’ Bill of Rights but any kind of Mr. PALLONE. Mr. Speaker, the ref- talked about someone who had gone legislation, over the last 6 months in erences that I will continue with are into an emergency room and one of the essentially a stalling, delay tactic be- from the article, not from the other things that our bill provides for is rea- cause of the support that the leader- body. This is, as I said, an opinion that sonable judgment allowing for emer- ship receives from the HMOs and from was by Bob Herbert in his column in gency room care and having that care the insurance industry. The New York Times on Thursday in covered and also allows for things like But now that the time has come which he said, ‘‘A few days ago I spoke pain, which make a lot of sense to be a when it is very difficult for the Repub- by phone with Steve Grissom,’’ a con- reason why someone might decide to go lican leadership to continue to delay stituent or someone basically from to an emergency room. because we have a sufficient number of North Carolina who has had health There are many stories of persons signatures on this discharge petition, problems. And he said, ‘‘A few days ago who have gone into emergency rooms that we are getting close to the point I spoke by phone with Steve Grissom of July 12, 1999 CONGRESSIONAL RECORD — HOUSE H5359 Cary, North Carolina. He is 50 years old about providing patients with access to right to learn from their doctor all of and suffers from leukemia and AIDS, care, which is so important, there are their treatment options, not just the which he contracted through a blood really a number of things in the Demo- cheapest. The Democrats’ bill prevents transfusion. Mr. Grissom is locked in a cratic bill that relate to access. Some HMOs from interfering with doctors’ harrowing dispute with his insurance of them we discussed a little bit earlier communications with patients. Doctors providers over payment for medical this evening. cannot be penalized for referring pa- equipment and a continuing supply of One is access to emergency room tients to specialists or discussing cost- oxygen that could determine whether care. The Democrats’ Patients’ Bill of ly medical procedures. he lives or dies. Rights allows patients to go to any The Patients’ Bill of Rights provides ‘‘Said Mr. Grissom: I’ve been a Re- emergency room during a medical that doctors and patients, rather than publican all my life. I don’t think I’ve emergency without having to call a insurance company bureaucrats, are ever missed a vote. Now is the first health plan first for permission. Emer- once again allowed to make medical time in my life that I’ve considered gency room physicians can stabilize pa- decisions. Now, how do we do that? changing my party affiliation because I tients and begin to plan for post-sta- Well, under our bill, HMOs are pre- see a real lack of compassion in the Re- bilization care without fear that health vented from inappropriately inter- publican Party. They’re hearing from plans will later deny coverage. fering with doctors’ judgments and the HMOs and they’re hearing from the Another access point, access to need- cannot mandate drive-through proce- lobbyists with their fat checkbooks, ed specialists. The Democrats’ Pa- dures or set arbitrary limits on hos- and they’re not hearing from people tients’ Bill of Rights ensures that pa- pital lengths of stay. like me who are in desperate need of tients who suffer from a chronic condi- In addition, doctors and nurses who this kind of consumer protection.’’ tion or disease that requires care by a advocate on behalf of the patients will specialist will have access to a quali- be protected from retaliation by HMOs. b 2000 fied specialist. If the HMO network Also important in this whole idea of al- Mr. Speaker, I think it really says it does not include specialists qualified to lowing doctors to freely practice medi- all. As we said before when we had the treat a condition such as a pediatric cine is to limit improper financial in- two Congresswomen on the floor, the cardiologist to treat a child’s heart de- centives. bottom line is that all that the Demo- fect, it would have to allow the patient Some managed care organizations crats are proposing are common sense to see a qualified doctor outside its use improper financial incentives to patient protections within the context own network at no extra cost. pressure doctors to deny care to their of HMOs. The Patients’ Bill of Rights also al- patients. The Democrats’ Patients’ Bill The only reason that we are getting lows patients with serious ongoing con- of Rights limits insurance companies’ opposition from the Republicans is es- ditions to choose a specialist to coordi- ability to use financial incentives to sentially because of the fact that the nate care or to see their doctor without get doctors to deny care. HMOs and in- insurance companies do not want this having to ask their HMO for permis- surers also would have to disclose to legislation brought to the floor, do not sion before every visit. all patients information about any in- want a debate, and do not want a vote Another access, very important obvi- centives that they use. on it. ously for women, access to an OB/GYN. Now, I just want to talk about one I would like to, if I could, just take a The Democrats’ Patients’ Bill of more aspect of the Democratic bill, and few minutes to point to the differences Rights allows a woman to have direct then I want to talk briefly about the substantively between the Democratic access to OB/GYN care without having Republican bill that is being put up in bill and the Republican bill. There are to get a referral from her HMO. Women opposition to it. This is with regard to really a few key points in the Demo- would also have the option to designate enforcement and the whole idea of cratic bill that I would just summarize their OB/GYN as their primary care bringing the appeal when one has been right now and why the Democratic Pa- physician. denied treatment. tients’ Bill of Rights would make a real Also on the issue of access, my col- When health plans deny needed care, difference for American families. league from California mentioned ear- patients and doctors reserve the right First, it holds managed care plans re- lier that Democratic Patients’ Bill of to appeal the decision and to receive a sponsible for denial of care with real, Rights makes needed prescription timely response. To protect patients reliable and enforceable appeals and drugs available to patients. Currently, and give them a meaningful right to remedies. This is the enforcement that many HMOs refuse to pay for prescrip- appeal, the Democrats Patients’ Bill of we talked about before that involves an tion drugs that are not on their Rights establishes a sound, inde- independent review of any denial of preapproved list of medications. As a pendent and timely external appeals treatment outside of the confines of result, patients may not get the most process. What we do with our bill is to the HMO and includes also, ultimately, effective medication needed to treat ensure that patients who are denied the right to sue the HMO for damages. their condition. care by an insurance company can ap- Second, it guarantees patients the The Democrats’ Patients’ Bill of peal the decision to an independent re- right to see a specialist when they need Rights ensures that patients with drug viewer with medical and legal expertise to do so. It is so crucial today. So coverage would be able to obtain need- and receive a timely decision that is much medical care is provided through ed medications even if they are not on binding on the HMO. specialists. If one does not have access their HMOs approved list. Finally, I would like to talk a little to a specialist within the network of Now, the other issue that was men- bit about why it is necessary to have one’s HMO, one should be able to go tioned by the gentlewoman from the the ability to sue. I think a lot of peo- outside the network to get a specialist Virgin Islands (Mrs. CHRISTENSEN), who ple do not realize that they can sue the who can cover the concern or deal with is a physician who has practiced, is the HMO if they have been denied treat- the medical concern that one has. idea of freeing doctors to practice med- ment or if they have suffered damages Third, it guarantees that vulnerable icine. This is what so many of my con- because they did not get proper treat- patients can stay with their own doc- stituents complain about, that ac- ment. tor even if their own doctor is no countants should not make medical de- But today, even if an HMO has been longer in their health care plan. cisions. Yet, some managed care orga- involved directly in dictating, denying, Fourth, it bans financial incentives nizations interfere with doctors’ med- or delaying care for a patient, it can to reward physicians for prescribing ical decisions and restrict open com- use a loophole in the statute called less care. munication between patients and doc- ERISA, the Employment Retirement Fifth, it returns health care decisions tors. The Democrats’ Patients’ Bill of Income Security Act of 1974. The HMO to health care professionals and their Rights protects the doctor/patient rela- can use ERISA to avoid any responsi- patients, which again we discussed ear- tionship and frees doctors to practice bility for the consequences of its ac- lier this evening. medicine. tions. Now, if I could just elaborate on a Most important, it prohibits insurers ERISA was designed to protect em- few of these points. When we talk from gagging doctors. Patients have a ployees from losing pension benefits H5360 CONGRESSIONAL RECORD — HOUSE July 12, 1999 due to fraud, mismanagement, and em- forward. They pretend that they are of people, men, women, and children ployer bankruptcies during the 1960s. dealing with some of the patient pro- who were stranded in high waters with But it has had the effect of leaving pa- tections, but in fact they do not. frighteningly strong undercurrents, in tients harmed by their HMO’s decisions Mr. Speaker, what I would really like many cases, danger of being swept to to deny or delay care with no effective to point out is that, on the one hand, I their death by the raging waters. Sadly remedy. am pleased to see that the other body two people did die. Now, what the Democrats do in our is taking up the issue of HMO reform, Helicopter rescue teams crisscrossed Patients’ Bill of Rights is to close this but I think that it is crucial, first of the valley, hoisting to safety people loophole and ensure that, like any all, that we in the House bring up the who could not escape the onslaught of other industry, HMOs can be held ac- issue and allow for a debate on the Pa- water and mud that swept down from countable for their actions. Since tients’ Bill of Rights. the surrounding mountain sides. One HMOs have the financial incentive to But even more so, it is necessary for security officer, Cornell Madison of Las deny care to patients, they should bear us to bring up a bill, a strong com- Vegas, repeatedly waded into high wa- responsibility if such denials cause prehensive approach like the Demo- ters to rescue trapped motorists. He is harm. Employers, under our bill, are crats’ Patients’ Bill of Rights, allow it one of many, many people who dis- shielded from liability unless they to be brought to the floor, vote on it, regarded their own personal safety to make the decision to deny care. But go to conference with the Senate, and help others. The waters subsided rapidly, and our the HMO is not. The HMO can be sued have a strong piece of legislation like tourism services were back in full because they are in fact making the de- the Patients’ Bill of Rights go to the swing within a day. But things did not cision. President. turn out so well for hundreds of resi- Now I just wanted to, if I could, brief- President Clinton has repeatedly said dents whose homes were heavily dam- ly talk about these sham piecemeal that he would sign the Patients’ Bill of aged or destroyed. Many small busi- bills that the Republican leadership Rights if it comes to his desk. I notice nesses also suffered heavy losses. In has brought up in the last few weeks that, during the break, actually over some parts of the city, the devastation after we started to get a number of sig- this past weekend, he again used an op- was overwhelming, as flood channel natures to our discharge petition and it portunity I think when he was out on banks were ripped apart by fast-flowing seemed as though at some point in the the West coast in Los Angeles to criti- run-off waters that were over 10 feet near future we were likely to get cize the GOP, the Republican leader- high. Homes were literally torn from enough signatures to bring the Pa- ship, for trying to avert a vote on true their foundations and dumped into the tients’ Bill of Rights to the floor. So HMO reform. torrent. the Republican leadership has rolled We are not going to rest, those of us Residents were able to flee in time to out eight piecemeal bills which they in our party, and I know some of the save their lives, but they had to return call HMO reform but are really not. Republicans as well who care about to find themselves either homeless or Let me just point out some of the this issue are not going to rest until we facing massive repair and cleanup ex- things that are left out in this Repub- have a comprehensive bill passed by penses. lican approach. First of all, the bills both houses and on the President’s b 2015 only cover people who obtain health in- desk. surance through their employer. They This is what the American people de- There is also damage to public infra- fail to extend patient protections to mand. This is what they deserve. It structure totaling many, many mil- the millions of people that purchase only makes sense to do so if we are lions of dollars. I personally health insurance individually. really going to provide protections for helicoptered over the Las Vegas Valley Obviously, the patient protections patients throughout the country. to see firsthand the devastation below, that we are talking about should apply f and I went to the worst affected area, to all health plans, not just plans that the Miracle Mile Mobile Home Park, are provided by the employer. Also, the LAS VEGAS FLOOD rolled up my pants legs and went to Republican bills pretend to secure pa- The SPEAKER pro tempore (Mr. GIB- talk to those residents who had lost ev- tients’ rights, but they contain no way BONS). Under a previous order of the erything. to enforce those rights other than the House, the gentlewoman from Nevada I greatly appreciate FEMA’s decision weak penalties currently available (Ms. BERKLEY) is recognized for 5 min- to send in damage assessment teams to through ERISA. So the outside inde- utes. help the local governments in my Con- gressional District identify the losses pendent review, the ability to sue is Ms. BERKLEY. Mr. Speaker, a flood and advise on how the damage can be not there. damage assessment team from the Fed- The piecemeal bills are inconsistent eral Emergency Management Agency mitigated. They will be in the field to- morrow and I will be in communication and incomplete. For example, one of arrived in my hometown of Las Vegas this afternoon. with them. them is supposed to protect against so- I also appreciate the interest and re- It may be a bit strange to many of called gag clauses where the physician sponsiveness of the Small Business Ad- my colleagues to hear the words is told that he cannot speak out about ministration in the wake of this dis- a particular procedure that is not cov- ‘‘flood’’ and ‘‘Las Vegas’’ in the same aster. I know that our Federal disaster ered. But it does not. But the bill the sentence. People usually do not think relief agencies will quickly act upon Republicans have put forward to try to of flooding as a problem that happens any requests from local and State offi- deal with these gag clauses does not in a desert environment. But the po- cials for assistance. And as representa- prohibit plans from retaliating against tential for flash flood disaster con- tive for the areas that were the hardest doctors who discuss the plans’ financial stantly lurks in the summertime in hit by this devastating flood, I will incentives. Well, the reality then is es- southern Nevada. continue to communicate the needs of sentially the doctors are still gagged I have lived in Las Vegas for 38 years, the Las Vegas community to Federal and cannot speak their mind. and I have seen a lot of flash floods. agencies. There are so many other examples. But last Thursday brought rain and The people of Las Vegas have banded Let me give one other example in an flooding like I have never seen before. together to help one another during effort to try to address the Democrats’ We were hit with what weather experts this time of dire need for many of our initiative with regard to OB/GYN care. called the 100-year flood. residents. Now is the time for our Fed- The Republican bill purports to guar- With more than an inch of rain fall- eral Government to come into South- antee women direct access to routine ing per hour, rivers of water swept ern Nevada and lend a helping hand to OB/GYN care, but it would allow a plan across the Las Vegas Valley. The met- a community ravaged by flood. to require a woman to obtain such ropolitan area was brought to a stand- f services from a generalist. still. Many neighborhoods were under So these are the kinds of games that several feet of water. Heroic rescue LEAVE OF ABSENCE we are seeing with this piecemeal ap- crews from our police and fire depart- By unanimous consent, leave of ab- proach that the Republicans have put ments and other agencies saved dozens sence was granted to: July 12, 1999 CONGRESSIONAL RECORD — HOUSE H5361

Mrs. THURMAN (at the request of Mr. S. 700. An act to amend the National Trails rule—Mexican Fruit Fly Regulations; Re- GEPHARDT) for today on account of ill- System Act to designate the Ala Kahakai moval of Regulated Area [Docket No. 98–082– ness in the family. Trail as a National Historic Trail; to the 4] received June 10, 1999, pursuant to 5 U.S.C. Committee on Resources. 801(a)(1)(A); to the Committee on Agri- Ms. BALDWIN (at the request of Mr. S. 768. An act to establish court-martial ju- culture. GEPHARDT) for today and Tuesday, July risdiction over civilians serving with the 2862. A letter from the Congressional Re- 13, on account of illness in the family. Armed Forces during contingency oper- view Coordinator, Animal and Plant Health Mr. POMEROY (at the request of Mr. ations, and to establish Federal jurisdiction Inspection Service, Department of Agri- GEPHARDT) for today on account of per- over crimes committed outside the United culture, transmitting the Department’s final sonal business (funeral). States by former members of the Armed rule—Oriental Fruit Fly; Designation of Ms. JACKSON-LEE of Texas (at the re- Forces and civilians accompanying the Quarantined Area [Docket No. 99–044–1] re- ceived June 10, 1999, pursuant to 5 U.S.C. quest of Mr. GEPHARDT) for today on Armed Forces outside the United States; to 801(a)(1)(A); to the Committee on Agri- account of inclement weather. the Committee on Armed Services, in addi- tion to the Committee on the Judiciary for a culture. Mr. KIND (at the request of Mr. GEP- period to be subsequently determined by the 2863. A letter from the Administrator, HARDT) for today on account of a Speaker, in each case for consideration of Food Safety and Inspection Service, Depart- weather delay. such provisions as fall within the jurisdic- ment of Agriculture, transmitting the De- Mr. COMBEST (at the request of Mr. tion of the committee concerned. partment’s final rule—Use of Soy Protein ARMEY) for today and July 13 on ac- S. 776. An act to authorize the National Concentrate, Modified Food Starch, and Car- count of a death in the family. Park Service to conduct a feasibility study rageenan as Binders in Certain Meat Prod- ucts [Docket No. 94–015DF] (RIN: 0583–AB82) Ms. KILPATRICK (at the request of Mr. for the preservation of the Loess Hills in western Iowa; to the Committee on Re- received June 7, 1999, pursuant to 5 U.S.C. GEPHARDT) for today on account of offi- 801(a)(1)(A); to the Committee on Agri- sources. cial business. culture. S. 1027. An act to reauthorize the partici- f 2864. A letter from the Director, Office of pation of the Bureau of Reclamation in the Regulatory Management and Information, SPECIAL ORDERS GRANTED Deschutes Resources Conservancy, and for Environmental Protection Agency, transmit- other purposes; to the Committee on Re- ting the Agency’s final rule—Difenoconazole; By unanimous consent, permission to sources. address the House, following the legis- Pesticide Tolerance; Technical Amendment S. Con. Res. 36. Concurrent resolution con- [OPP–300863A; FRL–6089–3] (RIN: 2070–AB78) lative program and any special orders demning Palestinian efforts to revive the received June 29, 1999, pursuant to 5 U.S.C. heretofore entered, was granted to: original Palestine partition plan of Novem- 801(a)(1)(A); to the Committee on Agri- (The following Members (at the re- ber 29, 1947, and condemning the United Na- culture. quest of Mr. PALLONE) to revise and ex- tions Commission on Human Rights for its 2865. A letter from the Director, Office of tend their remarks and include extra- April 27, 1999, resolution endorsing Pales- Regulatory Management and Information, tinian self-determination on the basis of the neous material:) Environmental Protection Agency, transmit- original Palestine partition plan; to the ting the Agency’s final rule—Cyfluthrin: Mr. FILNER, for 5 minutes, today. Committee on International Relations. [cyano[4-fluoro-3- phenoxyphenyl]-methyl-3- Ms. ROYBAL-ALLARD, for 5 minutes, f [2,2-dichloroethenyl] -2,2-dimethyl- today. cyclopropane carboxylate]; Pesticide Toler- Mrs. MEEK of Florida, for 5 minutes, ADJOURNMENT ance [OPP–300887; FRL–6088–9] (RIN: 2070– today. Ms. BERKLEY. Mr. Speaker, I move AB78) received June 29, 1999, pursuant to 5 (The following Members (at the re- that the House do now adjourn. U.S.C. 801(a)(1)(A); to the Committee on Ag- quest of Mr. SOUDER) to revise and ex- The motion was agreed to; accord- riculture. tend their remarks and include extra- 2866. A letter from the Director, Office of ingly (at 8 o’clock and 17 minutes Regulatory Management and Information, neous material:) p.m.), under its previous order, the Environmental Protection Agency, transmit- Mr. BURTON of Indiana, for 5 minutes, House adjourned until tomorrow, Tues- ting the Agency’s final rule— July 13 and July 14. day, July 13, 1999, at 9 a.m., for morn- Aminoethoxyvinylglycine; Temporary Pes- Mr. BEREUTER, for 5 minutes, today. ing hour debates. ticide Tolerance [OPP–300858; FRL–6080–4] (RIN: 2070–AB78) received June 9, 1999, pursu- Mr. SOUDER, for 5 minutes, today. f Mrs. MORELLA, for 5 minutes, today. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. DIAZ-BALART, for 5 minutes, July EXECUTIVE COMMUNICATIONS, on Agriculture. ETC. 2867. A letter from the Director, Office of 13. Regulatory Management and Information, Mr. SCHAFFER, for 5 minutes, today. Under clause 8 of rule XII, executive Environmental Protection Agency, transmit- (The following Members (at the re- communications were taken from the ting the Agency’s final rule—Sulfosate; Pes- quest of Mrs. MEEK of Florida) to re- Speaker’s table and referred as follows: ticide Tolerance [OPP–300878; FRL–6086–6] (RIN: 2070–AB78) received June 9, 1999, pursu- vise and extend their remarks and in- 2858. A letter from the Congressional Re- ant to 5 U.S.C. 801(a)(1)(A); to the Committee clude extraneous material:) view Coordinator, Animal and Plant Health on Agriculture. Mrs. MINK of Hawaii, for 5 minutes, Inspection Service, Department of Agri- today. 2868. A letter from the Chief, Programs and culture, transmitting the Department’s final Legislation Division, Office of Legislative Mr. MOORE, for 5 minutes, today. rule—Imported Fire Ant; Quarantined Areas Liaison, Department of the Air Force, trans- f and Treatment [Docket No. 98–125–1] received mitting notification that the Commander of May 19, 1999, pursuant to 5 U.S.C. SENATE BILLS AND CONCURRENT the United States Air Force Academy is ini- 801(a)(1)(A); to the Committee on Agri- tiating a cost comparison of the Communica- RESOLUTION culture. tions functions at the United States Air Bills and a concurrent resolution of 2859. A letter from the Congressional Re- Force Academy, Colorado, pursuant to 10 view Coordinator, Animal and Plant Health U.S.C. 2304 nt.; to the Committee on Armed the Senate of the following titles were Inspection Service, Department of Agri- taken from the Speaker’s table and, Services. culture, transmitting the Department’s final 2869. A letter from the Chief, Programs and under the rule, referred as follows: rule—Karnal Bunt Regulated Areas [Docket Legislation Division, Office of Legislative S. 323. An act to redesignate the Black No. 96–016–24] (RIN: 0579–AA83) received June Liaison, Department of the Air Force, trans- Canyon of the Gunnison National Monument 3, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to mitting notification that the Civil Engineer as a national park and establish the Gunni- the Committee on Agriculture. Squadron at MacDill AFB will become a Na- son Gorge National Conservation Area, and 2860. A letter from the Congressional Re- tive American owned firm; to the Committee for other purposes; to the Committee on Re- view Coordinator, Animal and Plant Health on Armed Services. sources. Inspection Service, Department of Agri- 2870. A letter from the Director, Defense S. 376. An act to amend the Communica- culture, transmitting the Department’s final Procurement, Department of Defense, trans- tions Satellite Act of 1962 to promote com- rule—Mediterranean Fruit Fly; Removal of mitting the Department’s final rule—Defense petition and privatization in satellite com- Quarantined Area [Docket No. 98–083–4] re- Federal Acquisition Regulation Supplement; munications, and for other purposes; to the ceived June 3, 1999, pursuant to 5 U.S.C. Contract Actions for Leased Equipment Committee on Commerce. 801(a)(1)(A); to the Committee on Agri- [DFARS Case 99–D012] received June 9, 1999, S. 416. An act to direct the Secretary of culture. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Agriculture to convey to the city of Sisters, 2861. A letter from the Congressional Re- mittee on Armed Services. Oregon, a certain parcel of land for use in view Coordinator, Animal and Plant Health 2871. A letter from the Director, Defense connection with a sewage treatment facility; Inspection Service, Department of Agri- Procurement, Department of Defense, trans- to the Committee on Resources. culture, transmitting the Department’s final mitting the Department’s final rule—Defense H5362 CONGRESSIONAL RECORD — HOUSE July 12, 1999 Federal Acquisition Regulation Supplement; 2882. A letter from the Administrator, Na- 2890. A letter from the Director, Office of Congressional Medal of Honor [DFARS Case tional Highway Traffic Safety Administra- Regulatory Management and Information, 98–D304] received June 9, 1999, pursuant to 5 tion, Department of Transportation, trans- Environmental Protection Agency, transmit- U.S.C. 801(a)(1)(A); to the Committee on mitting a report on the efforts of the Admin- ting the Agency’s final rule—Approval and Armed Services. istration’s collaboration with the National Promulgation of Air Quality Implementa- 2872. A letter from the Senior Civilian Offi- Center on Sleep Disorders Research, to de- tion Plans; Delaware; Reasonably Available cial, Department of Defense, Deputy Direc- velop a public education program to combat Control Technology Requirements for Nitro- tor of Central Intelligence for Community drowsy driving due to fatigue, sleep disorders gen Oxides [DE011–1020; FRL–6357–7] received Management, transmitting a report regard- and inattention; to the Committee on Com- June 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); ing the continuity of performance of essen- merce. to the Committee on Commerce. tial operations that are at risk of failure be- 2883. A letter from the Director, Office of 2891. A letter from the Director, Office of cause of information technology and na- Regulatory Management and Information, Regulatory Management and Information, tional security systems that are not Year Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- 2000 compliant; to the Committee on Armed ting the Agency’s final rule—Approval and ting the Agency’s final rule—Approval and Services. Promulgation of Air Quality Implementa- Promulgation of Implementation Plans Flor- 2873. A letter from the Legislative and Reg- tion Plans; Louisiana: Reasonable-Further- ida: Approval of Revisions to the Florida ulatory Activities Division Office of the Progress Plan for the 1996–1999 Period, At- State Implementation Plan [FL–61–2–9823a; Comptroller of the Currency, Department of tainment Demonstration, Contingency Plan, FRL–6352–3] received June 9, 1999, pursuant the Treasury, transmitting the Department’s Motor Vehicle Emission Budgets, and 1990 to 5 U.S.C. 801(a)(1)(A); to the Committee on final rule—Organization and Functions, Emission Inventory for the Baton Rouge Commerce. Availability and Release of Information, Ozone Nonattainment Area; Louisiana Point 2892. A letter from the Director, Office of Contracting Outreach Program [Docket No. Source Banking Regulations [LA–29–1–7403; Regulatory Management and Information, 99–07] (RIN: 1557–AB65) (RIN: 99–07) received FRL–6370–8] received June 29, 1999, pursuant Environmental Protection Agency, transmit- May 27, 1999, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on ting the Agency’s final rule—Record Keeping 801(a)(1)(A); to the Committee on Banking Commerce. Requirements for Low Volume Exemption and Financial Services. 2884. A letter from the Director, Office of and Low Release and Exposure Exemption; 2874. A letter from the General Counsel, Regulatory Management and Information, Technical Correction [OPPT–50636; FRL– Department of the Treasury, transmitting a Environmental Protection Agency, transmit- 6068–5] received June 9, 1999, pursuant to 5 draft of proposed legislation to authorize ap- ting the Agency’s final rule—Approval and U.S.C. 801(a)(1)(A); to the Committee on propriations for the United States contribu- Promulgation of Air Quality Implementa- Commerce. tion to the HIPC Trust Fund, administered tion Plans; Utah; Foreword and Definitions, 2893. A letter from the Special Assistant to by the International Bank for Reconstruc- Revision to Definition for Sole Source of the Chief, Mass Media Bureau, Federal Com- tion and Development; to the Committee on Heat and Emissions Standards, Nonsub- munications Commission, transmitting the Banking and Financial Services. stantive Changes; General Requirements, Commission’s final rule—Amendment of Sec- 2875. A letter from the General Counsel, Open Burning and Nonsubstantive Changes; tion 73.202(b), Table of Allotments, FM Federal Emergency Management Agency, and Foreword and Definitions, Addition of Broadcast Stations. (Manzanita, Cannon transmitting the Agency’s final rule—Sus- Definition for PM10 Nonattainment Area Beach and Bay City, Oregon) [MM Docket pension of Community Eligibility [Docket [UT–001–0018; UT–001–0019; UT–001–0020; FRL– No. 98–189; RM–9377; RM–9475) received June No. FEMA–7713] received May 19, 1999, pursu- 6368–8] received June 29, 1999, pursuant to 5 28, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to ant to 5 U.S.C. 801(a)(1)(A); to the Committee U.S.C. 801(a)(1)(A); to the Committee on the Committee on Commerce. on Banking and Financial Services. Commerce. 2894. A letter from the Special Assistant to 2876. A letter from the General Counsel, 2885. A letter from the Director, Office of the Chief, Mass Media Bureau, Federal Com- Regulations Management and Information, Federal Emergency Management Agency, munications Commission, transmitting the Environmental Protection Agency, transmit- transmitting the Agency’s final rule—Final Commission’s final rule—Amendment of Sec- ting the Agency’s final rule—Approval and Flood Elevation Determinations—received tion 73.202(b), Table of Allotments, FM Promulgation of Implementation Plans; May 19, 1999, pursuant to 5 U.S.C. Broadcast Stations. (Deer Lodge, Hamilton Phoenix; Arizona Ozone Nonattainment 801(a)(1)(A); to the Committee on Banking and SHELBY, Montana) [MM Docket No. 99–70 Area, Revision to the 15 Percent Rate of and Financial Services. RM–9380] received June 9, 1999, pursuant to 5 Progress Plan [AZ–005–ROP; FRL–6371–2] re- 2877. A letter from the General Counsel, U.S.C. 801(a)(1)(A); to the Committee on ceived June 29, 1999, pursuant to 5 U.S.C. Federal Emergency Management Agency, Commerce. 801(a)(1)(A); to the Committee on Commerce. 2895. A letter from the Special Assistant, transmitting the Agency’s final rule—List of 2886. A letter from the Director, Office of Mass Media Bureau, Federal Communica- Communities Eligible for the Sale of Flood Regulatory Management and Information, tions Commission, transmitting the Com- Insurance [Docket No. FEMA–7712] received Environmental Protection Agency, transmit- May 19, 1999, pursuant to 5 U.S.C. ting the Agency’s final rule—Interim Final mission’s final rule—Amendment of Section 801(a)(1)(A); to the Committee on Banking Stay of Action on Section 126 Petitions for 73.202(b), Table of Allotments, FM Broadcast and Financial Services. Purposes of Reducing Interstate Ozone Stations. (Cannon Ball, North Dakota) [MM 2878. A letter from the General Counsel, Transport [FRL No. 6364–4] (RIN: 2060–AH88) Docket No.99–4 RM–9429]; (Velva, North Da- Federal Emergency Management Agency, received June 29, 1999, pursuant to 5 U.S.C. kota) [MM Docket. 99–5 RM–9430]; (Delhi, transmitting the Agency’s final rule— 801(a)(1)(A); to the Committee on Commerce. New York) [MM Docket No. 99–7 RM–9432]; Changes in Flood Elevation Determinations 2887. A letter from the Director, Office of (Flasher, North Dakota) [MM Docket No. 99– [Docket No. FEMA–7285] received May 19, Regulatory Management and Information, 37 RM–9450]; (Berthold, North Dakota) [MM 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Environmental Protection Agency, transmit- Docket No. 99–38 RM–9451]; (Ranier, Oregon) Committee on Banking and Financial Serv- ting the Agency’s final rule—Hazardous [MM Docket No. 99–39 RM–9464]; (Richardton, ices. Waste Management System; Modification of North Dakota) [MM Docket No. 99–40 RM– 2879. A letter from the General Counsel, the Hazardous Waste Program; Hazardous 9465]; (Wimbledon, North Dakota) [MM Dock- Federal Emergency Management Agency, Waste Lamps [FRL–6371–3] (RIN: 2050–AD93) et No. 99–41 RM–9466] Received June 9, 1999, transmitting the Agency’s final rule— received June 29, 1999, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Changes in Flood Elevation Determina- 801(a)(1)(A); to the Committee on Commerce. mittee on Commerce. tions—received May 19, 1999, pursuant to 5 2888. A letter from the Director, Office of 2896. A letter from the Special Assistant to U.S.C. 801(a)(1)(A); to the Committee on Regulatory Management and Information, the Chief, Mass Media Bureau, Federal Com- Banking and Financial Services. Environmental Protection Agency, transmit- munications Commission, transmitting the 2880. A letter from the Director, Office of ting the Agency’s final rule—Sustainable De- Commission’s final rule—Amendment of Sec- Thrift Supervision, transmitting the Office velopment Challenge Grant Program [FRL– tion 73.202(b), Table of Allotments, FM of Thrift Supervision’s 1998 Annual Report to 6370–4] received June 29, 1999, pursuant to 5 Broadcast Stations. (Tumon, Guam) [MM Congress on the Preservation of Minority U.S.C. 801(a)(1)(A); to the Committee on Docket No. 98–113 RM–9296] received June 9, Savings Institutions, pursuant to 12 U.S.C. Commerce. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1462a(g); to the Committee on Banking and 2889. A letter from the Director, Office of Committee on Commerce. Financial Services. Regulatory Management and Information, 2897. A letter from the Director, Regula- 2881. A letter from the Assistant General Environmental Protection Agency, transmit- tions Policy and Management Staff, Food Counsel for Regulations, Special Education ting the Agency’s final rule—Approval and and Drug Administration, transmitting the and Rehabilitative Services, Department of Promulgation of Air Quality Implementa- Administration’s final rule—Indirect Food Education, transmitting the Department’s tion Plans; Revised Format for Materials Additives; Adjuvants, Production Aids, and final rule—Notice of Final Funding Priority Being Incorporated by Reference for Florida; Sanitizers [Docket No. 98F–0824] received for Fiscal Year 1999 for a Disability and Re- Approval of Recodification of the Florida May 25, 1999, pursuant to 5 U.S.C. habilitation Research Project—received Administrative Code [FL–62–1–9610a; FL–66– 801(a)(1)(A); to the Committee on Commerce. June 7, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); 1–9729a; FRL–6352–5] received June 9, 1999, 2898. A letter from the Director, Regula- to the Committee on Education and the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tions Policy and Management Staff, Food Workforce. mittee on Commerce. and Drug Administration, transmitting the July 12, 1999 CONGRESSIONAL RECORD — HOUSE H5363 Administration’s final rule—Secondary Di- Fund to meet the urgent and unexpected transmitting the first of six annual reports rect Food Additives Permitted in Food for needs relating to the program under which by the Department of State on enforcement Human Consumption; Boiler Water Additives the United States will provide refuge in the and monitoring of the Convention on Com- [Docket No. 97F–0450] received June 7, 1999, United States to refugees fleeing the Kosovo bating Bribery of Foreign Public Officials in pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- crisis, pursuant to 22 U.S.C. 2601(c)(3); to the International Business Transactions of the mittee on Commerce. Committee on International Relations. Organization for Economic Cooperation and 2899. A letter from the Director, Office of 2910. A letter from the Assistant Secretary Development; to the Committee on Inter- Congressional Affairs, Office of General for Legislative Affairs, Department of State, national Relations. Counsel, Nuclear Regulatory Commission, transmitting notification that the President 2919. A letter from the Assistant Secretary transmitting the Commission’s final rule— is considering Mark Wylea Erwin, of North for Legislative Affairs, Department of State, Formal and Informal Adjudicatory Hearing Carolina, to be Ambassador Extraordinary transmitting a report concerning efforts Procedures; Clarification of Eligibility to and Plenipotentiary of the United States of made by the United Nations and the Special- Participate (RIN: 3150–AG27) received June America to the Republic of Mauritius and to ized Agencies to employ an adequate number 14, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to serve concurrently and without additional of Americans during 1998; to the Committee the Committee on Commerce. compensation as Ambassador Extraordinary on International Relations. 2900. A letter from the Chairman, Nuclear and Plenipotentiary of the United States of 2920. A letter from the Commissioner, So- Regulatory Commission, transmitting the America to the Federal and Islamic Republic cial Security Administration, transmitting Commission’s report entitled ‘‘Report to of the Comoros and to the Republic of the Office of the Inspector General’s Semi- Congress on Abnormal Occurrences, Fiscal Seychelles, pursuant to 22 U.S.C. 3944(b)(2); annual Report, pursuant to 22 U.S.C. Year 1998’’ for events at nuclear facilities, to the Committee on International Rela- 3944(b)(2); to the Committee on Government pursuant to 42 U.S.C. 5848; to the Committee tions. Reform. on Commerce. 2911. A letter from the Assistant Secretary 2921. A letter from the Director, OCA, 2901. A letter from the Director, Office of for Legislative Affairs, Department of State, WCPS, SWSD, Office of Personnel Manage- Congressional Affairs, Nuclear Regulatory transmitting notification that the President ment, transmitting the Office’s final rule— Commission, transmitting the Commission’s is considering Johnnie Carson, of Illinois, to Prevailing Rate Systems; Abolishment of final rule—NRC Generic Letter 99–02, ‘‘Lab- be Ambassador Extraordinary and Pleni- Kansas City, MO, Special Wage Schedule for oratory Testing of Nuclear-Grade Activated potentiary of the United States of America Printing Positions (RIN: 3206–AI11) received Charcoal’’— received June 14, 1999, pursuant to the Republic of Kenya, pursuant to 22 June 24, 1999, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 3944(b)(2); to the Committee on Inter- 801(a)(1)(A); to the Committee on Govern- Commerce. national Relations. ment Reform. 2902. A letter from the Chairman, Nuclear 2912. A letter from the Assistant Secretary 2922. A letter from the Executive Director, Regulatory Commission, transmitting the for Legislative Affairs, Department of State, Committee For Purchase From People Who quarterly report on the denial of safeguards transmitting notification that the President Are Blind Or Severely Disabled, transmitting information for the period of January 1, is considering Gregory Lee Johnson, of the Committee’s final rule—Additions to the through March 31, 1999, pursuant to 42 U.S.C. Washington, to be Ambassador Extraor- Procurement List—received May 19, 1999, 2167(e); to the Committee on Commerce. dinary and Plenipotentiary of the United pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2903. A letter from the Chairman, Securi- States of America to the Kingdom of Swazi- mittee on Government Reform. ties and Exchange Commission, transmitting land, pursuant to 22 U.S.C. 3944(b)(2); to the 2923. A letter from the Executive Director, authorization requests for fiscal years 2000 Committee on International Relations. Committee For Purchase From People Who 2913. A letter from the Assistant Secretary and 2001, pursuant to 31 U.S.C. 1110; to the Are Blind Or Severely Disabled, transmitting for Legislative Affairs, Department of State, Committee on Commerce. the Committee’s final rule—Procurement transmitting notification that the President 2904. A letter from the Director, Congres- List Additions—received June 3, 1999, pursu- is considering A. Peter Burleigh, of Cali- sional Relations, U.S. Consumer Product ant to 5 U.S.C. 801(a)(1)(A); to the Committee fornia, to be Ambassador Extraordinary and Safety Commission, transmitting the Com- on Government Reform. Plenipotentiary of the United States of mission’s Annual Report for Fiscal Year 1998, 2924. A letter from the Chairman, Inter- America to the Republic of the Philippines, pursuant to 15 U.S.C. 2076(j); to the Com- national Trade Commission, transmitting and to serve concurrently and without addi- mittee on Commerce. the Semiannual Report of the Inspector Gen- tional compensation as Ambassador Extraor- 2905. A communication from the President eral of the U.S. International Trade Commis- dinary and Plenipotentiary of the United of the United States, transmitting his dec- sion for the period October 1, 1998 through States of America to the Republic of Palau, laration of a National emergency with re- March 31, 1999, pursuant to 5 U.S.C. app. pursuant to 22 U.S.C. 3944(b)(2); to the Com- spect to the threat to the United States (Insp. Gen. Act) section 5(b); to the Com- mittee on International Relations. posed by the actions and policies of the Af- 2914. A letter from the Assistant Secretary mittee on Government Reform. ghan Taliban and an executive order to deal for Legislative Affairs, Department of State, 2925. A letter from the Executive Director, with this threat, pursuant to 50 U.S.C. transmitting notification that the President Interstate Commission on the Potomac 1703(b); (H. Doc. No. 106—90); to the Com- is considering Larry C. Napper, of Texas, to River Basin, transmitting the audited Fifty- mittee on International Relations and or- be Ambassador during tenure of service as Eighth Financial Statement for the period dered to be printed. Coordinator of the Support for East Euro- October 1, 1997—September 30, 1998, pursuant 2906. A letter from the Director, Defense pean Democracy Program, pursuant to 22 to 31 U.S.C. 3512(c)(3); to the Committee on Security Cooperation Agency, transmitting U.S.C. 3944(b)(2); to the Committee on Inter- Government Reform. the Department of the Army’s proposed lease national Relations. 2926. A letter from the General Counsel, of defense articles to Greece (Transmittal 2915. A letter from the Assistant Legal Ad- Legal Services Corporation, transmitting No. 10–99), pursuant to 22 U.S.C. 2796a(a); to viser for Treaty Affairs, Department of the Legal Services Corporation’s Inspector the Committee on International Relations. State, transmitting Copies of international General’s Semiannual Report for the period 2907. A letter from the Acting Director, De- agreements, other than treaties, entered into of October 1, 1998 through March 31, 1999, and fense Security Cooperation Agency, trans- by the United States, pursuant to 1 U.S.C. the corresponding report of the Corpora- mitting notification concerning the Depart- 112b(a); to the Committee on International tion’s Board of Directors; to the Committee ment of the Army’s proposed Letter(s) of Relations. on Government Reform. Offer and Acceptance (LOA) to the Taipei 2916. A letter from the Assistant Secretary 2927. A letter from the Chairman, National Economic and Cultural Representative Office for Export Administration, Department of Credit Union Administration, transmitting for defense articles and services (Trans- Commerce, transmitting the Department’s the NCUA Inspector General’s semi-annual mittal No. 99–19), pursuant to 22 U.S.C. final rule—Entity List: Addition of Entities report for October 1, 1998 through March 31, 2776(b); to the Committee on International located in the People’s Republic of China; 1999, pursuant to 5 U.S.C. app. (Insp. Gen. Relations. and Correction to Spelling of One Indian En- Act) section 5(b); to the Committee on Gov- 2908. A letter from the Acting Director, De- tity Name [Docket No. 970428099–9105–09] ernment Reform. fense Security Cooperation Agency, trans- (RIN: 0694–AB60) received June 1, 1999, pursu- 2928. A letter from the Chairman and Gen- mitting notification concerning the Depart- ant to 5 U.S.C. 801(a)(1)(A); to the Committee eral Counsel, National Labor Relations ment of the Army’s proposed Letter(s) of on International Relations. Board, transmitting the Semiannual Report Offer and Acceptance (LOA) to the Taipei 2917. A letter from the Assistant Secretary of the Office of the Inspector General (OIG) Economic and Cultural Representative Office for Export Administration, Department of of the National Labor Relations Board for for defense articles and services (Trans- Commerce, transmitting the Department’s the Period October 1, 1998 through March 31, mittal No. 99–18), pursuant to 22 U.S.C. final rule—Addition of Macau to the Export 1999, pursuant to 5 U.S.C. app. (Insp. Gen. 2776(b); to the Committee on International Administration Regulations [Docket No. Act) section 5(b); to the Committee on Gov- Relations. 990318078–9078–01] (RIN: 0694–AB89) received ernment Reform. 2909. A letter from the Assistant Secretary June 1, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); 2929. A letter from the Director, Employ- for Legislative Affairs, Department of State, to the Committee on International Rela- ment Service Staffing Reinvention Office, transmitting notification that the President tions. Office of Personnel Management, transmit- has authorized funds from the U.S. Emer- 2918. A letter from the Assistant Secretary ting the Office’s final rule—Reemployment gency Refugee and Migration Assistance for Legislative Affairs, Department of State, Rights of Employees Performing Military H5364 CONGRESSIONAL RECORD — HOUSE July 12, 1999 Duty (RINS: 3206–AG02 and 3206–AH15) re- AL76) received June 24, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on ceived June 1, 1999, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on Re- Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Govern- sources. 2949. A letter from the Program Analyst, ment Reform. 2940. A letter from the Senior Attorney, Office of the Chief Counsel, FAA, Depart- 2930. A letter from the Director, Employ- Federal Register Certifying Officer, Depart- ment of Transportation, transmitting the ment Service, Office of Personnel Manage- ment of Treasury, transmitting the Depart- Department’s final rule—Airworthiness Di- ment, transmitting the Office’s final rule— ment’s final rul—Transfer of Debts to Treas- rectives; MT-Propeller Entwicklung GMBH Statutory Bar to Appointment of Persons ury for Collection (RIN: 1510–AA68) received Model MTV–3–B–C Propellers [Docket No. 97– Who Fail to Register Under Selective Serv- April 22, 1999, pursuant to 5 U.S.C. ANE–36–AD; Amendment 39–11206; AD 97–21– ice Law; Technical Amendment (RIN: 3206– 801(a)(1)(A); to the Committee on the Judici- 01 R1] (RIN: 2120–AA64) received June 28, AI72) received June 1, 1999, pursuant to 5 ary. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the U.S.C. 801(a)(1)(A); to the Committee on Gov- 2941. A letter from the Director, Policy Di- Committee on Transportation and Infra- ernment Reform. rectives and Instructions Branch, Immigra- structure. 2931. A letter from the Director, WCPS, tion and Naturalization Service, transmit- 2950. A letter from the Program Analyst, OCA, SWSD, Office of Personnel Manage- ting the Service’s final rule—Adjustment of Office of the Chief Counsel, FAA, Depart- ment, transmitting the Office’s final rule— Status; Continued Validity of Nonimmigrant ment of Transportation, transmitting the Prevailing Rate Systems; Abolishment of the Status, Unexpired Employment Authoriza- Department’s final rule—Airworthiness Di- Lubbock, Texas, Nonappropriated Fund tion, and Travel Authorization for Certain rectives; Bell Helicopter Textron Canada (BHTC) Model 206L–4 Helicopters [Docket Wage Area (RIN: 3206–AH88) received June 24, Applicants Maintaining Nonimmigrant H or No. 98–SW–62–AD; Amendment 39–11203; AD 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the L Status [INS No. 1881–97] (RIN: 1115–AE96) 99–13–10] (RIN: 2120–AA64) received June 28, Committee on Government Reform. received June 1, 1999, pursuant to 5 U.S.C. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2932. A letter from the Chairman, Postal 801(a)(1)(A); to the Committee on the Judici- Committee on Transportation and Infra- Rate Commission, transmitting the annual ary. structure. 2942. A letter from the Secretary of Trans- report on International Mail Costs, Reve- 2951. A letter from the Program Analyst, nues, and Volumes; to the Committee on portation, transmitting the Sixteenth An- Office of the Chief Counsel, FAA, Depart- Government Reform. nual Report of Accomplishments Under the ment of Transportation, transmitting the 2933. A letter from the Chairman of the Airport Improvement Program for Fiscal Department’s final rule—Airworthiness Di- Board of Governors, Postal Service, trans- Year 1997, pursuant to 49 U.S.C. app. rectives; Boeing Model 777 Series Airplanes mitting the Semiannual Report of the In- 2203(b)(2); to the Committee on Transpor- [Docket No. 99–NM–116–AD; Amendment 39– spector General and the Postal Service man- tation and Infrastructure. 11198; AD 99–13–05] (RIN: 2120–AA64) received agement response to the report for the pe- 2943. A letter from the the Assistant Sec- June 28, 1999, pursuant to 5 U.S.C. riod ending March 31, 1999, pursuant to 5 retary of the Army, Civil Works, the Depart- 801(a)(1)(A); to the Committee on Transpor- U.S.C. app. (Insp. Gen. Act) section 5(b); to ment of the Army, transmitting a rec- tation and Infrastructure. the Committee on Government Reform. ommendation for authorization of a flood 2952. A letter from the Program Analyst, 2934. A letter from the Secretary of Vet- damage reduction and recreation project for Office of the Chief Counsel, FAA, Depart- erans Affairs, transmitting the Semiannual the Upper Guadalupe River, Santa Clara ment of Transportation, transmitting the Report of the Office of Inspector General for County, California; (H. Doc. No. 106–89); to Department’s final rule—Airworthiness Di- the period October 1, 1998, through March 31, the Committee on Transportation and Infra- rectives; Robinson Helicopter Company 1999, pursuant to 5 U.S.C. app. (Insp. Gen. structure and ordered to be printed. (Robinson) Model R44 Helicopters [Docket Act) section 5(b); to the Committee on Gov- 2944. A letter from the Program Analyst, No. 98–SW–71–AD; Amendment 39–11204; AD ernment Reform. Office of the Chief Counsel, FAA, Depart- 99–13–11] (RIN: 2120–AA64) received June 28, 2935. A letter from the Administrator, ment of Transportation, transmitting the 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Small Business Administration, transmit- Department’s final rule—Airworthiness Di- Committee on Transportation and Infra- ting the annual report on the state of inter- rectives; Sikorsky Aircraft Model S–76A Hel- structure. nal controls over financial and administra- icopters [Docket No. 99–SW–26–AD; Amend- 2953. A letter from the Administrator, Fed- tive activities, pursuant to 31 U.S.C. ment 39–11205; AD 99–11–04] (RIN: 2120–AA64) eral Aviation Administration, Department of 3512(c)(3); to the Committee on Government received June 28, 1999, pursuant to 5 U.S.C. Transportation, transmitting a report on the Reform. 801(a)(1)(A); to the Committee on Transpor- FAA domestic positive passenger-baggage 2936. A letter from the Chairman, Federal tation and Infrastructure. match program; to the Committee on Trans- Election Commission, transmitting the Com- 2945. A letter from the Program Analyst, portation and Infrastructure. mission’s final rule—Treatment of Limited Office of Chief Counsel, FAA, Department of 2954. A letter from the Program Analyst, Liability Companies Under the Federal Elec- Transportation, transmitting the Depart- Office of the Chief Counsel, FAA, Depart- tion Campaign Act [Notice 1999–10] received ment’s final rule—Airworthiness Directives; ment of Transportation, transmitting the June 29, 1999, pursuant to 5 U.S.C. Boeing Model 747–300 and -400 Series Air- Department’s final rule—Modification of 801(a)(1)(A); to the Committee on House Ad- planes [Docket No. 99–NM–45–AD; Amend- Class E Airspace; Kokomo, IN [Airspace ministration. ment 39–11212; AD 99–14–04] (RIN: 2120–AA64) Docket No. 99–AGL–21] received June 24, 1999, 2937. A letter from the Director, Office of received June 28, 1999, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Sustainable Fisheries, National Marine Fish- 801(a)(1)(A); to the Committee on Transpor- mittee on Transportation and Infrastruc- eries Service, National Oceanic and Atmos- tation and Infrastructure. ture. pheric Administration, transmitting the Ad- 2946. A letter from the Program Analyst, 2955. A letter from the Program Analyst, Office of the Chief Counsel, FAA, Depart- ministration’s final rule—Fisheries of the Office of the Chief Counsel, Department of ment of Transportation, transmitting the Northeastern United States; Northeast Transportation, transmitting the Depart- Department’s final rule—Modification of Multispecies Fishery; Commercial Cod Har- ment’s final rule—Airworthiness Directives; Class E Airspace; Juneau, WI [Airspace vest [Docket No. 990318076–9109–02; I.D. The New Piper Aircraft, Inc. PA–23, PA–30, Docket No. 99–AGL–22] received June 24, 1999, 052199E] received May 27, 1999, pursuant to 5 PA–31, PA–34, PA–39, PA–40, and PA–42 Series pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on Re- Airplanes [Docket No. 98–CE–77–AD; Amend- mittee on Transportation and Infrastruc- sources. ment 39–11209; AD 99–14–01] (RIN: 2120–AA64) ture. 2938. A letter from the Fisheries Biologist, received June 28, 1999, pursuant to 5 U.S.C. 2956. A letter from the Program Analyst, Office of Protected Resources, National Oce- 801(a)(1)(A); to the Committee on Transpor- Office of the Chief Counsel, FAA, Depart- anic and Atmospheric Administration, trans- tation and Infrastructure. ment of Transportation, transmitting the mitting the Administration’s final rule— 2947. A letter from the Program Analyst, Department’s final rule—Modification of Listing Endangered and Threatened Species Office of the Chief Counsel, Department of Class E Airspace; Neillsville, WI [Airspace and Designating Critical Habitat: Petition Transportation, transmitting the Depart- Docket No. 99–AGL–23] received June 24, 1999, To List Eleven New Species Genus of ment’s final rule—Airworthiness Directives; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Bryozoans From Capron Shoal, Florida, as LET Aeronautical Works Model L33 SOLO mittee on Transportation and Infrastruc- Threatened or Endangered Under the Endan- Sailplanes [Docket No. 98–CE–120–AD; ture. gered Species Act (ESA) [Docket No. Amendment 39–11210; AD 99–14–02] (RIN: 2120– 2957. A letter from the Program Analyst, 990520140–9140–01; I.D. 041699A] received June AA64) received June 28, 1999, pursuant to 5 Office of the Chief Counsel, FAA, Depart- 15, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to U.S.C. 801(a)(1)(A); to the Committee on ment of Transportation, transmitting the the Committee on Resources. Transportation and Infrastructure. Department’s final rule—Modification of 2939. A letter from the Acting Director, Of- 2948. A letter from the Program Analyst, Class E Airspace; Savanna, IL [Airspace fice of Sustainable Fisheries, National Oce- Office of Chief Counsel, FAA, Department of Docket No. 99–AGL–19] received June 24, 1999, anic and Atmospheric Administration, trans- Transportation, transmitting the Depart- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Administration’s final rule— ment’s final rule—Airworthiness Directives; mittee on Transportation and Infrastruc- Fisheries of the Northeastern United States; Pilatus Aircraft Ltd. Models PC–12 and PC– ture. Atlantic Mackerel, Squid, and Butterfish 12/45 Airplanes [Docket No. 98–CE–122–AD; 2958. A letter from the Program Analyst, Fisheries; 1999 Specifications [Docket No. Amendment 39–11211; AD 99–14–03] (RIN: 2120– Office of the Chief Counsel, FAA, Depart- 981106278–8336–02; I.D. 060999A] (RIN: 0648– AA64) received June 28, 1999, pursuant to 5 ment of Transportation, transmitting the July 12, 1999 CONGRESSIONAL RECORD — HOUSE H5365 Department’s final rule—Modification of 5 U.S.C. 801(a)(1)(A); to the Committee on 2979. A letter from the Director, Defense Class E Airspace; Hamilton, OH [Airspace Small Business. Security Cooperation Agency, transmitting Docket No. 99–AGL–18] received June 24, 1999, 2968. A letter from the Deputy General notification concerning the transfer of up to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Counsel, Office of Disaster Assistance, Small $100M in defense articles and services to the mittee on Transportation and Infrastruc- Business Administration, transmitting the Government of Bosnia-Herzegovina, pursu- ture. Administration’s final rule—Disaster Loan ant to 10 U.S.C. 118; jointly to the Commit- 2959. A letter from the Program Analyst, Program; Correction—received June 24, 1999, tees on International Relations and Appro- Office of the Chief Counsel, FAA, Depart- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- priations. ment of Transportation, transmitting the mittee on Small Business. 2980. A letter from the Assistant Secretary Department’s final rule—Modification of 2969. A letter from the Deputy General for Legislative Affairs, Department of State, Class E Airspace; Willmar, MN [Airspace Counsel, Office of Surety Guarantees, Small transmitting notification of the intent to ob- Docket No. 99–AGL–17] received June 24, 1999, Business Administration, transmitting the ligate funds for an additional program pro- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Administration’s final rule—Surety Bond posal for purposes of Nonproliferation and mittee on Transportation and Infrastruc- Guarantees—received June 24, 1999, pursuant Disarmament Fund activities; jointly to the ture. to 5 U.S.C. 801(a)(1)(A); to the Committee on Committees on International Relations and 2960. A letter from the Program Analyst, Small Business. Appropriations. Office of the Chief Counsel, FAA, Depart- 2970. A letter from the Deputy General 2981. A letter from the Assistant Secretary ment of Transportation, transmitting the Counsel, Office of Financial Assistance, for Legislative Affairs, Department of State, Department’s final rule—Establishment of Small Business Administration, transmit- transmitting a report on violence in Indo- Class E airspace; De Kalb, IL [Airspace ting the Administration’s final rule—Busi- nesia during the May 1998 riots; jointly to Docket No. 99–AGL–20] received June 24, 1999, ness Loan Program—received June 24, 1999, the Committees on International Relations pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Appropriations. mittee on Transportation and Infrastruc- mittee on Small Business. 2982. A letter from the Secretary, Judicial ture. 2971. A letter from the Director, Office of Conference of the United States, transmit- 2961. A letter from the Program Analyst, Regulations Management, Department of ting a draft of proposed legislation entitled Office of the Chief Counsel, FAA, Depart- Veterans Affairs, transmitting the Depart- the ‘‘Federal Courts Improvement Act of ment of Transportation, transmitting the ment’s final rule—VA Acquisition Regula- 1999’’; jointly to the Committees on the Judi- Department’s final rule—Airworthiness Di- tion: Improper Business Practices and Per- ciary and Government Reform. rectives; Alexander Schleicher sonal Conflicts of Interest and Solicitation 2983. A letter from the Secretary of Health Segelflugzeugbau Model ASK 21 Gliders Provisions and Contract Clauses (RIN: 2900– and Human Services, transmitting a Memo- [Docket No. 91–CE–25–AD; Amendment 39– AJ06) received June 1, 1999, pursuant to 5 randum which serves as the ‘‘Implementa- 11149; AD 95–11–15–R1] (RIN: 2120–AA64) re- U.S.C. 801(a)(1)(A); to the Committee on Vet- tion Plan for Veterans Subvention’’; jointly ceived June 24, 1999, pursuant to 5 U.S.C. erans’ Affairs. to the Committees on Veterans’ Affairs, 801(a)(1)(A); to the Committee on Transpor- 2972. A letter from the Director, Office of Ways and Means, and Commerce. Regulations Management, Veterans Benefits, tation and Infrastructure. f 2962. A letter from the Program Analyst, Department of Veterans Affairs, transmit- Office of the Chief Counsel, FAA, Depart- ting the Department’s final rule—Reinstate- REPORTS OF COMMITTEES ON ment of Transportation, transmitting the ment of Benefits Eligibility Based Upon Ter- PUBLIC BILLS AND RESOLUTIONS Department’s final rule—Airworthiness Di- minated Marital Relationships (RIN: 2900– rectives; Boeing Model 777 Series Airplanes AJ53) received June 7, 1999, pursuant to 5 Under clause 2 of rule XIII, reports of [Docket No. 99–NM–116–AD; Amendment 39– U.S.C. 801(a)(1)(A); to the Committee on Vet- committees were delivered to the Clerk 11198; AD 99–13–05] (RIN: 2120–AA64) received erans’ Affairs. for printing and reference to the proper June 24, 1999, pursuant to 5 U.S.C. 2973. A communication from the President calendar, as follows: of the United States, transmitting his deter- 801(a)(1)(A); to the Committee on Transpor- [Submitted on July 2, 1999] tation and Infrastructure. mination to implement action to facilitate a 2963. A letter from the Program Analyst, positive Adjustment to competition from im- Mr. BLILEY: Committee on Commerce. Office of the Chief Counsel, FAA, Depart- ports of lamb meat, pursuant to 19 U.S.C. H.R. 805. A bill to amend title 18, United ment of Transportation, transmitting the 2253(b); (H. Doc. No. 106–91); to the Com- States Code, to affirm the rights of United Department’s final rule—Airworthiness Di- mittee on Ways and Means and ordered to be States persons to use and sell encryption and rectives; Lockheed Model L–1011–385 Series printed. to relax export controls on encryption; with Airplanes [Docket No. 97–NM–11–AD; Amend- 2974. A letter from the Chief, Regulations an amendment (Rept. 106–117 Pt. 2). Ordered ment 39–11202; AD 99–13–08] received June 24, Unit, Internal Revenue Service, transmitting to be printed. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Service’s final rule—Weighted Average Mr. TALENT: Committee on Small Busi- Committee on Transportation and Infra- Interest Rate Update [Notice 99–33] received ness. H.R. 413. A bill to authorize qualified structure. June 28, 1999, pursuant to 5 U.S.C. organizations to provide technical assistance 2964. A letter from the Chief, Office of Reg- 801(a)(1)(A); to the Committee on Ways and and capacity building services to micro- ulations and Administrative Law, USCG, De- Means. enterprise development organizations and partment of Transportation, transmitting 2975. A letter from the Chief, Regulations programs and to disadvantaged entre- the Department’s final rule—Safety Zone: Unit, Internal Revenue Service, transmitting preneurs using funds from the Community Rowayton Fireworks Display, Bayley Beach, the Service’s final rule—Consolidated Re- Development Financial Institutions Fund, Rowayton, CT [CGD01–99–081] (RIN: 2115– turns—Limitations on the Use of Certain and for other purposes; with an amendment AA97) received June 24, 1999, pursuant to 5 Losses and Deductions [TD 8823] (RIN: 1545– (Rept. 106–184 Pt. 2). Referred to the Com- U.S.C. 801(a)(1)(A); to the Committee on AU31) received June 28, 1999, pursuant to 5 mittee of the Whole House on the State of Transportation and Infrastructure. U.S.C. 801(a)(1)(A); to the Committee on the Union. 2965. A letter from the Chief, Regulations Ways and Means. [Pursuant to the order of the House on July 1, and Administrative Law, USCG, Department 2976. A letter from the Chief, Regulations 1999 the following reports were filed on July 2, of Transportation, transmitting the Depart- Unit, Internal Revenue Service, transmitting 1999] ment’s final rule—Special Local Regula- the Service’s final rule—Department Store Mr. HOBSON: Committee on Appropria- tions; 4th of July Celebration Ohio River Inventory Price Indexes—[Rev. Rul. 99–30] re- tions. H.R. 2465. A bill making appropria- Mile 469.2–470.5, Cincinnati, OH [CGD08–99– ceived June 24, 1999, pursuant to 5 U.S.C. tions for military construction, family hous- 042] (RIN: 2115–AE46) received June 24, 1999, 801(a)(1)(A); to the Committee on Ways and ing, and base realignment and closure for the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Means. Department of Defense for the fiscal year mittee on Transportation and Infrastruc- 2977. A letter from the General Counsel, ending September 30, 2000, and for other pur- ture. Department of Defense, transmitting a re- poses (Rept. 106–221). Referred to the Com- 2966. A letter from the Deputy General port on Prisoners Transferred from United mittee of the Whole House on the State of Counsel, Office of Size Standards, Small States Disciplinary Barracks, Fort Leaven- the Union. Business Administration, transmitting the worth, Kansas, to Federal Bureau of Prisons; Mr. REGULA: Committee on Appropria- Administration’s final rule—Small Business jointly to the Committees on Armed Serv- tions. H.R. 2466. A bill making appropria- Size Standards; Engineering Services, Archi- ices and the Judiciary. tions for the Department of the Interior and 2978. A letter from the Assistant Secretary tectural Services, Surveying, and Mapping related agencies for the fiscal year ending for Legislative Affairs, Department of State, Services—received June 24, 1999, pursuant to September 30, 2000, and for other purposes transmitting certification that Panama and 5 U.S.C. 801(a)(1)(A); to the Committee on (Rept. 106–222). Referred to the Committee of Costa Rica have adopted a regulatory pro- Small Business. the Whole House on the State of the Union. 2967. A letter from the Deputy General gram governing the incidental taking of cer- Counsel, Office of Size Standards, Small tain sea turtles, pursuant to Public Law 101– [Submitted July 12, 1999] Business Administration, transmitting the 162, section 609(b)(2) (103 Sat. 1038); jointly to Mr. SENSENBRENNER: Committee on Administration’s final rule—Business Loan the Committees on International Relations Science. H.R. 1551. A bill to authorize the Program—received June 24, 1999, pursuant to and Appropriations. Federal Aviation Administration’s civil H5366 CONGRESSIONAL RECORD — HOUSE July 12, 1999 aviation research and development programs By Mr. ANDREWS: [1,2,4]triazolo[1,5-c] pyrimidine (DMDS); to for fiscal years 2000 and 2001, and for other H.R. 2468. A bill to amend the Elementary the Committee on Ways and Means. purposes; with an amendment (Rept. 106–223). and Secondary Education Act of 1965 to re- By Mr. MCKEON: Referred to the Committee of the Whole quire States, in awarding subgrants under H.R. 2483. A bill to authorize the Secretary House on the State of the Union. the State charter school grant program, to of the Army, acting through the Chief of En- Mr. YOUNG of Alaska: Committee on Re- give priority to charter schools that will pro- gineers and in coordination with other Fed- sources. H.R. 1243. A bill to reauthorize the vide a racially integrated educational experi- eral agency heads, to participate in the fund- National Marine Sanctuaries Act; with ence; to the Committee on Education and ing and implementation of a balanced, long- amendments (Rept. 106–224). Referred to the the Workforce. term solution to the problems of ground- Committee of the Whole House on the State H.R. 2469. A bill to establish State revolv- water contamination, water supply, and reli- of the Union. ing funds for school construction; to the ability affecting the Eastern Santa Clara Mrs. MYRICK: Committee on Rules. House Committee on Education and the Workforce. groundwater basin in California, and for Resolution 242. Resolution providing for con- By Mr. GREENWOOD (for himself, Mr. other purposes; to the Committee on Trans- sideration of the bill (H.R. 2465) making ap- SHAYS, Mr. NORWOOD, Mr. portation and Infrastructure. propriations for military construction, fam- LATOURETTE, Mr. BURR of North By Mr. MINGE: ily housing, and base realignment and clo- Carolina, and Mr. UPTON): H.R. 2484. A bill to provide that land which sure for the Department of Defense for the H.R. 2470. A bill to ensure confidentiality is owned by the Lower Sioux Indian Commu- fiscal year ending September 30, 2000, and for with respect to medical records and health nity in the State of Minnesota but which is other purposes (Rept. 106–227). Referred to care-related information, and for other pur- not held in trust by the United States for the the House Calendar. poses; to the Committee on Commerce, and Community may be leased or transferred by Mr. HASTINGS of Washington: Committee in addition to the Committee on the Judici- the Community without further approval by on Rules. House Resolution 243. Resolution ary, for a period to be subsequently deter- the United States; to the Committee on Re- providing for consideration of the bill (H.R. mined by the Speaker, in each case for con- sources. 2466) making appropriations for the Depart- sideration of such provisions as fall within By Mr. STEARNS (for himself, Mr. ment of the Interior and related agencies for the jurisdiction of the committee concerned. SHOWS, Mrs. MYRICK, and Mrs. the fiscal year ending September 30, 2000, and By Ms. EDDIE BERNICE JOHNSON of CUBIN): H.R. 2485. A bill to amend title X of the for other purposes (Rept. 106–228). Referred Texas (for herself, Mrs. KELLY, Mrs. Public Health Service Act to permit family to the House Calendar. CAPPS, Ms. CARSON, Mrs. planning projects to offer adoption services; CHRISTENSEN, Mrs. CLAYTON, Ms. f to the Committee on Commerce. DANNER, Mrs. JONES of Ohio, Mr. By Mrs. TAUSCHER (for herself, Mr. FROST, Mr. GREEN of Texas, Mr. GON- REPORTS OF COMMITTEES ON PRI- GREENWOOD, Mr. BARRETT of Wis- ZALEZ, Mrs. LOWEY, Mrs. MCCARTHY VATE BILLS AND RESOLUTIONS consin, Ms. CARSON, Mr. ENGLISH, Mr. of New York, Mrs. MEEK of Florida, FARR of California, Ms. JACKSON-LEE Under clause 2 of rule XIII, reports of Ms. ESHOO, Ms. MCKINNEY, Ms. of Texas, Ms. KILPATRICK, Mr. committees were delivered to the Clerk MILLENDER-MCDONALD, Ms. WATERS, KUCINICH, Ms. LEE, Mrs. MALONEY of for printing and reference to the proper Ms. SLAUGHTER, Mr. BENTSEN, Ms. New York, Ms. MILLENDER-MCDON- JACKSON-LEE of Texas, Mr. CONYERS, calender, as follows: ALD, Mrs. MORELLA, Ms. NORTON, Ms. Mr. CLAY, Mr. RANGEL, Mr. DIXON, Mr. YOUNG of Alaska: Committee on Re- PELOSI, Mr. RANGEL, Mr. SANDLIN, Mr. OWENS, Mr. TOWNS, Mr. LEWIS of sources. S. 361. An act to direct the Sec- Mr. THOMPSON of Mississippi, Mrs. Georgia, Mr. PAYNE, Ms. NORTON, Mr. retary of the Interior to transfer to John R. THURMAN, and Mr. WAXMAN): JEFFERSON, Mr. BISHOP, Mr. CLYBURN, and Margaret J. Lowe of Big Horn County, H.R. 2486. A bill to provide for infant crib Mr. HASTINGS of Florida, Mr. HILL- Wyoming, certain land so as to correct an safety, and for other purposes; to the Com- IARD, Mr. RUSH, Mr. SCOTT, Mr. WATT error in the patent issued to their prede- mittee on Commerce. of North Carolina, Mr. WYNN, Mr. cessors in interest (Rept. 106–225). Referred By Mr. KUYKENDALL: THOMPSON of Mississippi, Mr. to the Private Calendar. H. Res. 241. A resolution expressing the FATTAH, Mr. CUMMINGS, Mr. DAVIS of Mr. YOUNG of Alaska: Committee on Re- sense of the House of Representatives with Illinois, Mr. FORD, Mr. MEEKS of New sources. S. 449. An act to direct the Sec- regard to the United States Women’s Soccer York, Ms. LEE, and Ms. KILPATRICK): Team and its winning performance in the retary of the Interior to transfer to the per- H.R. 2471. A bill to amend the Public sonal representative of the estate of Fred 1999 Women’s World Cup tournament; to the Health Service Act to provide for screenings, Committee on Government Reform. Steffens of Big Horn County, Wyoming, cer- referrals, and education regarding f tain land comprising the Steffens family osteoporosis; to the Committee on Com- property (Rept. 106–226). Referred to the Pri- merce. vate Calendar. MEMORIALS By Mr. MCINTOSH: f H.R. 2472. A bill to suspend temporarily the Under clause 3 of rule XII, memorials duty on dimethoxy butanone (DMB); to the were presented and referred as follows: TIME LIMITATION OF REFERRED Committee on Ways and Means. 150. The SPEAKER presented a memorial BILL H.R. 2473. A bill to suspend temporarily the of the Legislature of the Commonwealth of Pursuant to clause 5 of rule X the fol- duty on dicholor aniline (DCA); to the Com- Guam, relative to Resolution No. 60 memori- mittee on Ways and Means. alizing Guam’s Delegate to Congress, to peti- lowing action was taken by the Speak- H.R. 2474. A bill to suspend temporarily the tion the United States Congress to include er: duty on diphenyl sulfide; to the Committee certain language in the proposed Omnibus [The following occurred on July 2, 1999] on Ways and Means. Territories Act; to the Committee on Re- H.R. 2475. A bill to suspend temporarily the sources. H.R. 850. Referral to the Committee on duty on trifluralin; to the Committee on 151. Also, a memorial of the Senate of the International Relations extended for a period Ways and Means. State of Nevada, relative to Senate Joint ending not later than July 16, 1999. H.R. 2476. A bill to suspend temporarily the Resolution No. 19 memorializing Congress H.R. 850. Referral to the Committee on duty on diethyl imidazolidinnone (DMI); to permanently to mitigate the consequences of Armed Services and the Permanent Select the Committee on Ways and Means. the provisions of Section 110 of the Illegal Committee on Intelligence extended for a pe- H.R. 2477. A bill to suspend temporarily the Immigration Reform and Immigrant Respon- riod ending not later than July 23, 1999. duty on ethalfluralin; to the Committee on sibility Act of 1996; to the Committee on the f Ways and Means. Judiciary. H.R. 2478. A bill to suspend temporarily the 152. Also, a memorial of the Legislature of PUBLIC BILLS AND RESOLUTIONS duty on benefluralin; to the Committee on the State of Maine, relative to H.P. 1595 Under clause 2 of rule XII, public Ways and Means. Joint Resolution memorializing the United bills and resolutions were introduced H.R. 2479. A bill to suspend temporarily the States Congress to reauthorize the Northeat duty on 3-amino-5-mercapto-1,2,4-triazole Interstate Dairy Compact; to the Committee and severally referred, as follows: (AMT); to the Committee on Ways and on the Judiciary. By Mr. GOODLING: Means. 153. Also, a memorial of the General As- H.R. 2467. A bill to require labor organiza- H.R. 2480. A bill to suspend temporarily the sembly of the Commonwealth of Puerto tions to secure prior, voluntary, written au- duty on diethyl phosphorochoridothiate Rico, relative to Resolution No. 110–A memo- thorization as a condition of using any por- (DEPCT); to the Committee on Ways and rializing Congress to remove the United tion of dues or fees for activities not nec- Means. States Navy from the territory it occupies essary to performing duties relating to the H.R. 2481. A bill to suspend temporarily the on the island of Vieques; jointly to the Com- representation of employees in dealing with duty on refined quinoline; to the Committee mittees on Armed Services and Resources. the employer on labor-management issues, on Ways and Means. 154. Also, a memorial of the Senate of the and for other purposes; to the Committee on H.R. 2482. A bill to suspend temporarily the State of Illinois, relative to Senate Resolu- Education and the Workforce. duty on 2,2’-dithiobis(8-fluoro-5-methoxy tion No. 70 memorializing Congress to hold July 12, 1999 CONGRESSIONAL RECORD — HOUSE H5367

the Health Care Financing Authority ac- H.R. 750: Mr. PRICE of North Carolina. H.R. 1810: Mr. MANZULLO, Mr. SHIMKUS, and countable for the timely implementation of H.R. 783: Mr. BAKER and Mr. STRICKLAND. Mr. SHOWS. a fair prospective payment system; jointly to H.R. 784: Ms. SLAUGHTER and Mr. TURNER. H.R. 1824: Mr. PITTS and Mr. SWEENEY. the Committees on Ways and Means and H.R. 804: Mrs. CUBIN. H.R. 1861: Mr. HOUGHTON and Mr. RAHALL. Commerce. H.R. 809: Mr. DUNCAN. H.R. 1869: Mr. FORBES. 155. Also, a memorial of the Senate of the H.R. 827: Ms. SLAUGHTER and Mr. CAPUANO. H.R. 1881: Mr. UNDERWOOD. Commonwealth of Pennsylvania, relative to H.R. 845: Ms. LEE and Mr. GUTIERREZ. H.R. 1885: Mr. LUTHER. Resolution No. 10 memorializing Congress to H.R. 889: Mrs. LOWEY. H.R. 1907: Mr. LARGENT, Mr. BARTLETT of support the concept of creating interest-free H.R. 890: Mrs. LOWEY. Maryland, Mr. FRANKS of New Jersey, Mr. H.R. 914: Mr. RAHALL. loans to state and local governments and FRANK of Massachusetts, and Mr. BILBRAY. H.R. 919: Mr. CAPUANO and Ms. MILLENDER- school districts to provide for capital H.R. 1917: Mr. DIAZ-BALART, Mr. GOODE, MCDONALD. projects for schools, roads, bridges, water Mr. TIERNEY, Mrs. CAPPS, and Ms. LEE. H.R. 925: Mr. ALLEN, Mr. BRADY of Pennsyl- and sewer projects, waste disposal projects, H.R. 1921: Mr. RADANOVICH. vania, and Ms. LEE. public housing, public buildings and environ- H.R. 1926: Mrs. NORTHUP, Mr. DEFAZIO, and H.R. 933: Ms. LEE and Mr. DAVIS of Illinois. mental projects; jointly to the Committees Ms. SCHAKOWSKY. H.R. 939: Mr. CAPUANO. H.R. 1933: Mrs. CUBIN. on Banking and Financial Services, Trans- H.R. 1020: Mr. HOLDEN Ms. BALDWIN, Mr. portation and Infrastructure, and Education H.R. 1937: Mrs. BIGGERT. INSLEE, Mrs. MORELLA, and Mr. RUSH. H.R. 1967: Mr. DAVIS of Illinois. and the Workforce. H.R. 1037: Ms. JACKSON-LEE of Texas, Mr. H.R. 1990: Ms. CARSON. f MENDENDEZ, and Mrs. LOWEY. H.R. 2003: Mr. DAVIS of Illinois. H.R. 1046: Mr. SABO, Mr. RILEY, and Mr. H.R. 2022: Mr. BURTON of Indiana and Mr. PRIVATE BILLS AND BOUCHER. FORBES. RESOLUTIONS H.R. 1053: Ms. NORTON. H.R. 2023: Mr. BURTON of Indiana and Mr. H.R. 1083: Mr. PETERSON of Pennsylvania Under clause 3 of rule XII, FORBES. and Mr. OBERSTAR. H.R. 2038: Mr. MATSUI, Mr. SUNUNU, and Mr. FRANK of Massachusetts introduced A H.R. 1090: Mr. PRICE of North Carolina, Mr. Mr. RAMSTAD. bill (H.R. 2487) for the relief of Phin Cohen, CANADY of Florida, Mrs. CHRISTENSEN, Mr. H.R. 2054: Mr. HULSHOF. M.D.; which was referred to the Committee SANFORD, Mr. PHELPS, Mr. ABERCROMBIE Mr. H.R. 2056: Mr. MALONEY of Connecticut and on the Judiciary. HINCHEY, and Mr. BALDACCI. Mr. SOUDER. f H.R. 1096: Mr. BROWN of California. H.R. 2077: Mr. BERMAN, Mr. CAMPBELL, and H.R. 1111: Mr. WEINER Mr. GREENWOOD Mr. Ms. ESHOO. ADDITIONAL SPONSORS TO PUBLIC BOUCHER and Mr. HALL of Texas. H.R. 2116: Mrs. CUBIN and Mr. TANCREDO. BILLS AND RESOLUTIONS H.R. 1163: Mr. SNYDER. H.R. 2121: Mr. HASTINGS of Florida, Ms. H.R. 1168: Mr. HOEFFEL and Mr. HALL of STABENOW, Ms. KILPATRICK, Mr. KENNEDY of Under clause 7 of rule XII, sponsors Ohio. Rhode Island, Mr. SUNUNU, and Mr. KING. were added to public bills and resolu- H.R. 1173: Mr. CAMPBELL and Mr. JACKSON H.R. 2125: Mr. MCGOVERN and Mrs. tions as follows: of Illinois. CHRISTENSEN. H.R. 1174: Ms. DUNN. H.R. 8: Mr. SMITH of Washington and Mr. H.R. 2136: Mr. HOUGHTON, Mr. TURNER, and H.R. 1219: Mr. BACHUS and Mr. MANZULLO. THORNBERRY. Mr. PETERSON of Pennsylvania. H.R. 1246: Mr. FORBES. H.R. 2172: Mr. DOYLE, Mr. PICKERING, and H.R. 44: Mr. BOUCHER, Mr. KOLBE, Mr. HALL H.R. 1248: Ms. ESHOO. Mr. ROTHMAN. of Ohio, and Mr. HALL of Texas. H.R. 1256: Mrs. WILSON. H.R. 2202: Mr. FARR of California, Mrs. H.R. 65: Mr. CAMP, Mr. GOODE, and Mr. H.R. 1265: Mr. OSE. MINK of Hawaii, Mr. MCDERMOTT, Mr. BEREU- KOLBE. H.R. 1285: Ms. JACKSON-LEE of Texas. TER, Mr. ACKERMAN, Mr. MARKEY, Ms. ESHOO, H.R. 82: Mr. MENENDEZ, Ms. LEE, Mr. POM- H.R. 1287: Mr. FORBES. EROY, and Mr. BROWN of Ohio. H.R. 1290: Mr. HANSEN. Mr. CONYERS, and Mr. HILL of Indiana. H.R. 194: Mr. LATOURETTE. H.R. 1313: Mr. BONIOR and Mr. BENTSEN. H.R. 2221: Mr. DEMINT. H.R. 205: Mr. CAMPBELL and Mr. SMITH of H.R. 1317: Mr. HULSHOF. H.R. 2243: Mr. PETERSON of Pennsylvania Jersey. H.R. 1322: Mr. ENGLISH. and Mr. BOUCHER. H.R. 229: Mr. KLECZKA. H.R. 1323: Mr. ROEMER, Ms. KILPATRICK, H.R. 2255: Ms. SCHAKOWSKY. H.R. 2282: Mr. BEREUTER, Ms. PRYCE of H.R. 230: Mr. BECERRA, Mr. JACKSON of Illi- Ms. ESHOO, Mr. TALENT, Ms. MILLENDER- Ohio, Mr. SOUDER, Mr. BOEHLERT, Mr. GARY nois, Mr. HILLIARD, Mr. KLECZKA, and Mr. MCDONALD, Ms. LEE, and Mr. ISAKSON. MILLER of California, Ms. JACKSON-LEE of RAMSTAD. H.R. 1324: Mrs. MORELLA, Mr. LANTOS, Mr. Texas, and Mr. LAFALCE. H.R. 274: Mr. LUTHER, Mr. MARKEY, Mr. HINCHEY, Mrs. MALONEY of New York, Mr. H.R. 2288: Mr. MCDERMOTT and Mr. BRADY WELDON of Florida, Mr. FORBES, Mr. MARKEY, and Mr. FALEOMAVAEGA. of Pennsylvania. KNOLLENBERG, Ms. BALDWIN, and Mr. LA- H.R. 1325: Mr. BRADY of Pennsylvania, Mr. H.R. 2300: Mr. RYUN of Kansas, Mr. HUNTER, FALCE. ROTHMAN, Mr. HULSHOF, and Mr. BECERRA. Mr. BRADY of Texas, Mr. CANADY of Florida, H.R. 296: Mr. ENGLISH, Mr. TERRY, and Mr. H.R. 1330: Mrs. BIGGERT. Mr. LEWIS of California, Mr. NUSSLE, Mr. MCINTOSH. H.R. 1344: Mr. LAFALCE. SMITH of Texas, Mr. OSE, Mrs. CUBIN, Mr. H.R. 303: Ms. CARSON, Mr. WELDON of Flor- H.R. 1355: Mrs. BIGGERT and Ms. BROWN of RADANOVICH, and Mr. HYDE. ida, Mr. LEWIS of Kentucky, Mr. DEUTSCH, Florida. H.R. 1358: Ms. ESHOO. H.R. 2303: Mr. WATTS of Oklahoma. Mr. KENNEDY of Rhode Island, Mr. CAMP, Mr. H.R. 1366: Mrs. CUBIN and Mr. FORBES. H.R. 2331: Mrs. BONO. FORBES, Mr. KOLBE, Mr. OLVER, and Ms. H.R. 1389: Mr. TIERNEY, Mr. DEAL of Geor- H.R. 2337: Mr. SAM JOHNSON of Texas and SANCHEZ. gia, Mr. WAMP, Mr. HUTCHINSON, and Mr. Mr. BECERRA. H.R. 329: Ms. WATERS. TURNER. H.R. 2339: Mr. WISE, Mrs. KELLY, and Mr. H.R. 353: Mr. CUMMINGS, Ms. KAPTUR, Mr. H.R. 1465: Mrs. THURMAN, Mr. METCALF, Mr. LEWIS of Georgia. BEREUTER, Mr. GILCHREST, Mr. TAYLOR of PASTOR, Mr. COOK, Mrs. BONO, Mr. GORDON, H.R. 2367: Mr. FRANK of Massachusetts. North Carolina, and Mr. WATT of North Caro- and Mr. GEJDENSON. H.R. 2370: Ms. LOFGREN, Ms. SCHAKOWSKY, lina. H.R. 1470: Mr. FRELINGHUYSEN. and Ms. JACKSON-LEE of Texas. H.R. 405: Mr. TIERNEY, Mr. CLEMENT, Mr. H.R. 1478: Mr. SNYDER. H.R. 2414: Mr. GARY MILLER of California. SHAYS, Mrs. ROUKEMA, Mr. ANDREWS, and Mr. H.R. 1485: Mr. BLUMENAUER and Mr. H.R. 2436: Mr. PITTS and Mr. SALMON. BRADY of Pennsylvania. CAPUANO. H.R. 2444: Ms. LEE and Mr. GONZALEZ. H.R. 407: Mr. WHITFIELD and Mr. DOO- H.R. 1505: Mr. DAVIS of Illinois. H.R. 2445: Mr. WEINER. LITTLE. H.R. 1590: Mr. ABERCROMBIE. H.R. 2453: Mr. SUNUNU. H.R. 423: Mr. CALVERT. H.R. 1592: Mr. PITTS, Mr. SKELTON, Mr. H.R. 2457: Mrs. CAPPS, Ms. DANNER, Ms. H.R. 424: Mr. RAMSTAD. EHLERS, Mr. THOMAS, Mr. MCINTOSH, and Mr. LEE, Mr. WYNN, and Mr. NADLER. H.R. 430: Mr. HILL of Montana. HAYWORTH. H.J. Res. 55: Mr. ENGLISH, Mr. WELDON of H.R. 456: Mr. MCINTOSH. H.R. 1650: Mr. THOMPSON of Mississippi, Mr. Florida, and Mrs. MALONEY of New York. H.R. 488: Mr. MARTINEZ, Ms. JACKSON-LEE OBERSTAR, Mrs. MALONEY of New York, Ms. H. Con. Res. 30: Mr. HALL of Texas and Mrs. of Texas, and Mr. PAYNE. LOFGREN, Ms. PRYCE of Ohio, Mr. BAIRD, Mr. CUBIN. H.R. 531: Mr. ARMEY, Mrs. CUBIN, Ms. LEE, FOLEY, Mr. DOYLE, and Mr. WEINER. H. Con. Res. 34: Ms. BERKLEY and Mr. KIL- and Mr. MEEHAN. H.R. 1660: Mr. LUCAS of Kentucky, Ms. KAP- DEE. H.R. 534: Mr. BLILEY, Mr. BRADY of Penn- TUR, Mr. SPRATT, Mr. LANTOS, and Mr. H. Con. Res. 97: Mr. LEWIS of Georgia, Mr. sylvania, and Mr. GOODLATTE. THOMPSON of California. JACKSON of Illinois, Ms. BALDWIN, Mr. WOLF, H.R. 583: Ms. WOOLSEY. H.R. 1710: Mr. GOODLATTE. Ms. PELOSI, Mr. POMBO, Mr. PETERSON of H.R. 585: Mr. SMITH of New Jersey. H.R. 1775: Mr. WYNN. Minnesota, Mr. PAYNE, Mr. DEFAZIO, Mr. H.R. 590: Mr. THORNBERRY. H.R. 1794: Ms. PELOSI, Mr. SOUDER, Mr. RUSH, and Mr. GEORGE MILLER of California. H.R. 637: Ms. SLAUGHTER. BOUCHER, Mr. SHERMAN, Mr. MCNULTY, and H. Con. Res. 107: Mr. WELDON of Pennsyl- H.R. 675: Mr. INSLEE Mr. BRADY of Pennsylvania. vania and Mr. BACHUS. H5368 CONGRESSIONAL RECORD — HOUSE July 12, 1999

H. Con. Res. 116: Mr. ROMERO-BARCELO. gram authorized by section 315 of the De- H.R. 2466 H. Con. Res. 119: Mr. SPRATT. partment of the Interior and Related Agen- OFFERED BY: MR. GEORGE MILLER OF H. Con. Res. 120: Mr. MASCARA, Mr. FILNER, cies Appropriations Act, 1996 (as contained in CALIFORNIA Mrs. FOWLER, Mr. GEORGE MILLER of Cali- section 101(c) of Public Law 104–134; 16 U.S.C. AMENDMENT NO. 8: Page 17, line 13, after fornia, Mrs. CUBIN, Mr. SAXTON, and Mr. 460l–6a note), for units of the National Forest the dollar amount, insert the following: ‘‘(in- MATSUI. System. creased by $4,000,000)’’. H. Con. Res. 132: Mr. PAYNE, Ms. WOOLSEY, H.R. 2466 Page 36, line 23, after each of the two dol- Ms. KILPATRICK, Mr. MEEKS of New York, and OFFERED BY: MR. DEFAZIO lar amounts, insert the following: ‘‘(reduced Mr. HALL of Ohio. by $4,000,000)’’. H. Con. Res. 136: Mr. HALL of Ohio, Mr. AMENDMENT NO. 2: Insert before the short POMEROY, Mr. KENNEDY of Rhode Island, and title the following new section: H.R. 2466 SEC. ll. None of the funds appropriated Mr. RUSH. OFFERED BY: MR. GEORGE MILLER OF or otherwise made available by this Act may H. Con. Res. 140: Mr. LANTOS. CALIFORNIA H. Con. Res. 145: Ms. MCCARTHY of Mis- be used to assess a fine or take any other en- forcement action against a person for failure AMENDMENT NO. 9: Page 17, line 13, insert souri, Mr. FOLEY, Mr. PALLONE, and Mr. after the dollar amount the following: ‘‘(in- UNDERWOOD. to pay a fee imposed under, or for violation of any other admission or user fee require- creased by $4,000,000)’’. H. Res. 57: Mr. LANTOS. Page 38, line 4, insert after the dollar H. Res. 107: Mr. CAPUANO, Mr. KENNEDY of ments of, the recreational fee demonstration program authorized by section 315 of the De- amount the following: ‘‘(reduced by Rhode Island, Mr. CUMMINGS, Mr. BROWN of $4,000,000)’’. Ohio, and Mr. GUTIERREZ. partment of the Interior and Related Agen- H. Res. 201: Mr. KLECZKA, Mr. BERRY, Mr. cies Appropriations Act, 1996 (as contained in H.R. 2466 CUNNINGHAM, Ms. MILLENDER-MCDONALD, and section 101(c) of Public Law 104–134; 16 U.S.C. OFFERED BY: MR. GEORGE MILLER OF Mr. BARRETT of Wisconsin. 460l–6a note), regarding admission to units of CALIFORNIA the National Forest System and the use of H. Res. 214: Mr. PETERSON of Pennsylvania. AMENDMENT NO. 10: Page 57, line 8, insert outdoor recreation sites, facilities, visitor f before the period the following: ‘‘: Provided centers, equipment, and services at such further, That of the funds made available by units. PETITIONS, ETC. this paragraph, $199,749,000 shall be for tim- Under clause 3 of rule XII, petitions H.R. 2466 ber sales management and $123,776,000 shall and papers were laid on the clerk’s OFFERED BY: MR. FARR OF CALIFORNIA be for wildlife and fisheries habitat manage- desk and referred as follows: AMENDMENT NO. 3: At the end of the bill, ment’’. insert after the last section (preceding the H.R. 2466 30. The SPEAKER presented a petition of short title) the following new section: South San Francisco Unified School District, OFFERED BY: MR. GEORGE MILLER OF SEC. ll. None of the funds made available Board of Trustees, relative to Resolution No. CALIFORNIA in this Act may be used to authorize, permit, 99–55 petitioning Congress to restore parity administer, or promote the use of any jawed AMENDMENT NO. 11: Insert before the short to two classes of students by appropriating leghold trap or neck snare in any unit of the title the following new section: funds for IDEA to the full authorized level of ll National Wildlife Refuge System except for SEC. . None of the funds appropriated funding for 40 percent of the excess costs of research, subsistence, conservation, or facili- or otherwise made available by this Act may providing Special Education and related ties protection. be used to construct timber access roads in services; to the Committee on Education and the National Forest System. H.R. 2466 the Workforce. H.R. 2466 31. Also, a petition of Benicia Unified OFFERED BY: MR. HAYWORTH OFFERED BY: MR. NEY School District, relative to Resolution No. AMENDMENT NO. 4: Page 76, line 16, strike 98–99–35 petitioning Congress to restore par- ‘‘and such new’’ and all that follows through AMENDMENT NO. 12: Page 39, line 25, after ity to two classes of students by appro- ‘‘committed’’ on line 22. the dollar amount, insert the following: ‘‘(re- priating funds for IDEA to the full author- Page 80, strike line 11 and all that follows duced by $5,000,000)’’. ized level of funding for 40 percent of the ex- through ‘‘agreements:’’ on line 23. H.R. 2466 cess costs of providing special education and H.R. 2466 OFFERED BY: MR. SANDERS related services; to the Committee on Edu- cation and the Workforce. OFFERED BY: MR. KUCINICH AMENDMENT NO. 13: Page 6 line 4, after the 32. Also, a petition of the County of Jeffer- AMENDMENT NO. 5: Page 105, beginning at first dollar amount, insert the following: son, New York, Office of the County Admin- line 11, strike ‘‘, or be expended’’ and all that ‘‘(increased by $20,000,000)’’. istrator, relative to Resolution No. 126 peti- follows through line 14 and insert a period. Page 69, line 14, after the dollar amount, insert the following: ‘‘(reduced by tioning the President and Congress to sup- H.R. 2466 port the enactment of legislation providing $50,000,000)’’. OFFERED BY: MR. MCGOVERN for the establishment of a Northeast Dairy H.R. 2466 AMENDMENT NO. 6: Page 2, line 13, after the Compact to regulate the pricing of milk used OFFERED BY: MR. SANDERS only for fluid consumption in the Northeast dollar amount, insert the following: ‘‘(re- region, regardless of where the milk origi- duced by $1,000,000)’’. AMENDMENT NO. 14: Page 70, line 22, after nates; to the Committee on the Judiciary. Page 3, line 8, after the dollar amount, in- the dollar amount, insert the following: ‘‘(in- sert the following: ‘‘(reduced by $1,000,000)’’. creased by $13,000,000)’’. f Page 19, line 16, after the dollar amount, Page 70, line 25, after the dollar amount, AMENDMENTS insert the following: ‘‘(increased by insert the following: ‘‘(increased by $30,000,000)’’. $13,000,000)’’. Under clause 8 of rule XVIII, pro- Page 69, line 14, after the dollar amount, Page 71, line 5, after the dollar amount, in- posed amendments were submitted as insert the following: ‘‘(reduced by sert the following: ‘‘(increased by follows: $29,000,000)’’. $13,000,000)’’. H.R. 2466 H.R. 2466 Page 71, line 19, after the dollar amount, insert the following: ‘‘(reduced by OFFERED BY: MR. DEFAZIO OFFERED BY: MR. MICA $13,000,000)’’. AMENDMENT NO. 1: Insert before the short AMENDMENT NO. 7: Page 19, line 20, before H.R. 2466 title the following new section: the dollar amount, insert ‘‘$9,000,000 is for SEC. ll. None of the funds appropriated grants to the State of Florida for acquisition OFFERED BY: MR. SANDERS or otherwise made available by this Act may of land along the St. Johns River in Central AMENDMENT NO. 15: Page 71, beginning on be used to carry out, or to pay the salaries of Florida, and of which’’. line 5, strike ‘‘, contingent on a cost share of personnel of the Forest Service who carry Page 19, line 20, after the dollar amount, 25 percent by each participating State or out, the recreational fee demonstration pro- insert ‘‘(reduced by $9,000,000)’’. other qualified participant,’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, MONDAY, JULY 12, 1999 No. 97 Senate The Senate met at 12 noon and was RECOGNITION OF THE ACTING Mr. REID. Mr. President, it is my un- called to order by the President pro MAJORITY LEADER derstanding we are now in the hour of tempore [Mr. THURMOND]. The PRESIDENT pro tempore. The morning business. Is that true? acting majority leader is now recog- The PRESIDENT pro tempore. The PRAYER nized. Senator is correct. The Chaplain, Dr. Lloyd John f f Ogilvie, offered the following prayer: SCHEDULE TITLE IX Dear God, omnipresent Lord of all life, we do not presume to invite You Mr. ROBERTS. Mr. President, today Mr. REID. Mr. President, this past into this Chamber or into the delibera- the Senate will immediately proceed to Saturday we watched a very inter- tions of this week. You are already a period of morning business until 1 esting spectacle. It was an athletic here. This is Your Nation; this historic o’clock. By previous consent, at 1 p.m. contest. There were no arguments with Chamber is the sanctuary for the sa- the Patients’ Bill of Rights will be the referees. There was no vile language. cred work of government. All the Sen- pending business. Amendments to that There were no lewd gestures. There ators are here by Your choice, and all legislation are possible. However, any were no demands by the participants of us who work to support their leader- votes ordered will not take place until for more money. There were no pleas ship have been led here by Your provi- tomorrow at a time to be determined from any of the players that they dence. by the two leaders. Following this didn’t get a fair opportunity to play, that they should have had more oppor- The one place You will not enter week’s debate on health care, the Sen- tunities to shoot for a goal. It appeared without our invitation is our soul. You ate will resume consideration of the re- to be a real team effort, a team effort have ordained that we must ask You to maining appropriations bills. It is im- by daughters and mothers. take up residence in our inner being perative that these funding bills be We watched a great athletic contest and to control our thinking, desires, vi- completed prior to the next legislative between the United States and China sion, and plans. The latch string to our break. for the World Cup soccer championship. hearts is on the inside. You stand at As a reminder to all Senators, a clo- The U.S. women’s soccer team won on the door of each of our hearts, persist- ture vote on the pending lockbox penalty kicks. There could not have ently knocking. We open the door and amendment to S. 557 is scheduled to been a more exciting game. receive You as absolute Sovereign of take place on Friday, July 16. I have had the opportunity to watch our lives. Just as You reign as Sov- f many soccer games, as my youngest ereign of this Nation and our ultimate MEASURE PLACED ON CALENDAR boy played on three national cham- Leader to whom we relinquish our own Mr. ROBERTS. Mr. President, I un- pionship soccer teams at the Univer- will and control, may Your very best derstand there is a bill at the desk due sity of Virginia. It is a great sport. Cer- for your beloved Nation be accom- for its second reading. tainly the sport was exemplified in the plished through what is debated and The PRESIDENT pro tempore. The work of these women last Saturday. decided this week. You are our Lord clerk will report the bill by title. Throughout the tournament, the U.S. and Savior. Amen. The legislative clerk read as follows: team emphasized what it means to play A bill (H.R. 1218) to amend title 18, United f as a team. This was a team effort. It States Code, to prohibit taking minors was team spirit that helped them win across State lines in circumvention of laws on Saturday. PLEDGE OF ALLEGIANCE requiring the involvement of parents in abor- tion decisions. There were really no standouts, even The PRESIDENT pro tempore. Sen- Mr. ROBERTS. Mr. President, I now though there are great athletes on both ator ROBERTS from Kansas is now des- object to further proceedings on this sides. The final penalty kick was by ignated to lead the Senate in the matter at this time. Brandi Chastain, but she was just one Pledge of Allegiance. The PRESIDENT pro tempore. The of the players that day. Briana Scurry The Honorable PAT ROBERTS, a Sen- bill will be placed on the calendar. made her most crucial save against ator from the State of Kansas, led the Mr. ROBERTS. I yield the floor. China’s third penalty kicker, Liu Ying, Pledge of Allegiance, as follows: f by diving to her left based particularly on instinct. Kristine Lilly saved what I pledge allegiance to the Flag of the MORNING BUSINESS United States of America, and to the Repub- looked to be China’s winning shot with lic for which it stands, one nation under God, The PRESIDENT pro tempore. The a header while standing at the goal line indivisible, with liberty and justice for all. able Senator from Nevada. in the first overtime. Mia Hamm, who

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S8205

. S8206 CONGRESSIONAL RECORD — SENATE July 12, 1999 is a superstar, the Michael Jordan of basketball, and as shown by the inspir- both sides of the aisle to give these women’s athletics, led the attack. ing story of Dr. Dot Richardson, the women the recognition they deserve While she failed to score, she kept pres- captain of the American Olympic soft- today, to congratulate the U.S. wom- sure on the Chinese for most all of the ball team, who left her triumph in At- en’s soccer team on winning the 1999 game. Michelle Akers, at 33 the oldest lanta to go to medical school. That is Women’s World Cup championship. team member, a woman who suffers what title IX is all about. And Dot Mr. DORGAN. I wonder if the Sen- from Epstein-Barr, or chronic fatigue Richardson exemplifies what has been ator will yield? syndrome, played as if she would never accomplished on and off the field be- Mr. REID. I am happy to yield. be fatigued until the last minute of cause of women’s athletics. Mr. DORGAN. I have come to the regulation play. She literally was car- Before the passage of title IX, ath- floor to speak on another issue, but I ried off the field, succumbing to dehy- letic scholarships for college women watched the entire soccer game on Sat- dration and exhaustion. She was cer- were rare, no matter how great their urday. It was exciting and wonderful. I tainly a stalwart of this team effort. talent. After winning two gold medals also thought about the fact that it is This team has captured America’s in the 1964 Olympics, swimmer Donna an example of a regulation that works. heart. A crowd of over 90,000 people de Varona could not find a college any- Title IX says: Equal opportunity; you watched that game. Cumulative at- place in the United States that offered must provide equal opportunity in aca- tendance for the U.S. team’s 6 victories a swimming scholarship. She was one demics and athletics. was 412,486, an average of almost 70,000 of the finest, if not the finest swimmer Before title IX, of course, there was a game. The 90,000-plus that watched in the world at that time. She could not equal opportunity. I think Satur- this game was the largest crowd to not find one because it did not exist. day’s game was such a testament to watch an athletic contest among It took time and effort to improve the regulations and requirements from women. This team, that averaged 70,000 the opportunities for young women. title IX that have improved athletics people watching each of its contests, Two years after title IX was voted into and academics in this country. was a constant reminder that this law, an estimated 50,000 men were at- Mr. REID. I appreciate very much my event was seen as a bellwether for tending U.S. colleges and universities friend from North Dakota commenting. women’s athletics in America. Could on athletic scholarships but only about I say to my friend from North Dakota, women’s teams fill stadiums? Could 50 women. it is extremely interesting that young they draw advertising and television In 1973, the University of Miami in girls recognize that they do now have viewers in a nonolympic event? The an- Florida awarded the first athletic equal opportunity. swer to each of those questions was a scholarships to women—a total of 15 in I was at a small school in rural Ne- resounding yes. swimming, diving, tennis, and golf. vada and getting ready to speak to a While most of their success is a re- Today, college women receive about a group of students who were assembling. sult of the hard work and dedication of third of all the athletic scholarships I was in a holding room waiting to each team member to the sport of soc- that are given. That is good. It should speak, and there were two girls in the cer, their brilliant play on the field, be half. But a third is certainly a step room with me. They were wearing their and their personalities off the field, in the right direction. letter sweaters. One of them was a they were aided even more in the fact It is important to recognize that sprinter and one played softball. this came about as a result of title IX. there is no mandate under title IX that I said: Do you know why you can par- There are many heroes in bringing requires a college to eliminate men’s ticipate in athletics? about title IX. We could name Molly teams to achieve compliance. They said: No. Why? Yard, who more than four decades ago The critical values learned, though, Because we passed a law saying if started talking about why women de- are that women are entitled to equal- boys have a program in athletics, girls serve to be treated equally in athletics. ity. Those things learned from sports have to have something that is equal We could talk about Senators Birch participation—including teamwork, to the program the boys have. Bayh from Indiana and George McGov- standards, leadership, discipline, self- They did not know that. They just ern of South Dakota who led the way sacrifice, and pride in accomplish- thought girls had always participated in the Senate against sex discrimina- ment—are equally important for young in athletics. One of the girls said: I tion in higher education programs. women as they are for young men. would just die without my athletics. But there is no need to talk about These women who have captured Title IX is a program that of which any one individual. The fact is that America’s attention over the last 3 we should all be proud. It has really title IX makes a great case for Amer- weeks are all children of title IX. They done a great deal to equalize athletics ican women. came to age athletically at a time for boys and girls in America. That is I indicated that my youngest son is a when high schools and colleges were re- the way it should be. good athlete. He really is a great ath- quired by law—a law that we passed— Mr. DORGAN addressed the Chair. lete. But the fact of the matter is, he to treat them fairly. The PRESIDING OFFICER (Mr. ROB- inherited his athleticism from his These women have set an excellent ERTS). The Senator from North Dakota mother, not from his father. The fact example for the thousands and thou- is recognized. is, his mother and I went to high sands of young girls who have followed f school together. their World Cup play over the last 3 The only thing that his mother, my weeks. PRIVILEGE OF THE FLOOR wife, could do in high school was be a I was listening to something on pub- Mr. DORGAN. Mr. President, I ask cheerleader. As athletic as she was, she lic radio this morning where they unanimous consent that Tony could not do anything else because interviewed young girls who attended Blaylock, a fellow on my staff, be given there was nothing else for her to do. their celebrations yesterday. They floor privileges today. She was not entitled to play any other were saying they wanted to be just like The PRESIDING OFFICER. Without athletics. Title IX says that is not the them. That is important. objection, it is so ordered. way it is to be. So I congratulate all them and wish f Title IX has been an outstanding pro- them continued success in the future. gram. It has allowed women to build I have a resolution that I would like COMPREHENSIVE TEST BAN their character and athleticism just as to introduce later in the day. I cer- TREATY men did for many decades. They are tainly invite everyone to join with me. Mr. DORGAN. Mr. President, we are building their character, as seen in this I would certainly be willing to take a now turning to a 4-week period here in team, this women’s athletic team—the back seat to the women of the Senate, the Senate in which we will work, prior World Cup champions. as we do a lot of times around here, to to the August recess, on a range of Women are now seen as sports stars allow them to be first in line to spon- issues—today beginning with the Pa- in their own right, not through their sor this resolution. So at a later time tients’ Bill of Rights, and then turning sons but through themselves, from Mia today, I would like to introduce this to appropriations bills and other mat- Hamm in soccer to Sheryl Swoopes in resolution and hope that it would clear ters. July 12, 1999 CONGRESSIONAL RECORD — SENATE S8207 I want to call to everyone’s attention vanced computers. The restrictions im- went down like this? How about if the two issues that are of vital concern posed by the CTBT make it extremely stock market looked like this? Do you that I think ought to be and must be difficult or impossible to improve nu- think there would be a problem in this part of the Senate agenda. The first is clear weapons designs except by high country? Of course, there would. an issue dealing with the Comprehen- performance computers. This is a huge problem in the farm sive Test Ban Treaty. The Cox report appears to make the belt. Family farmers are finding them- The Comprehensive Test Ban Treaty point that it is more important for us selves on the precipice of going broke is something that has been before the to restrict the shipment of advanced in record numbers. I had a call this Senate now for some long while. Ef- computers to the Chinese. The point is morning from a family farmer who forts to achieve a nuclear test ban this—we deserve an opportunity to de- nearly choked up on the phone saying: treaty originated with President Eisen- bate the Comprehensive Nuclear Test I don’t think my son and I can con- hower. It has been around a long time. Ban Treaty. We should have done so tinue. We can’t continue when prices This President, after long negotiations long ago. I don’t mean to argue the have collapsed. We don’t have the in- through many administrations, finally merits of it on the floor today. come to continue family farming. signed the treaty. It has now been sent My hope is, we will not go through For them it is a dream, a lifestyle, a to the Senate for ratification. But it July as if this treaty doesn’t exist. It way of life. It is not just a business. has languished in the Senate for 658 was negotiated, signed, and has been This Congress, while prices have col- days, during which time there has not before the Senate over 600 days. There lapsed, largely is content to sort of me- been even a hearing on the Comprehen- hasn’t been one hearing. There ought ander around and talk as if it were the- sive Nuclear Test Ban Treaty. to be a hearing. It ought to be brought ory. It is not theory. It is a crisis. This chart shows what is happening I will put up a couple of charts to de- to the floor so the American people across the farm belt. The red indicates scribe the circumstances with this can, through this Senate, debate that the counties that have lost more than treaty. treaty. 10 percent of their population, 1980– The rule in the Senate requires that Finally, support for the nuclear test 1998. Take a look at the red. What does the Senate should consider treaties as ban: 75 percent, 74 percent, 85 percent, that show? The middle part of America soon as possible after their submission. 80 percent, these are national polls is being depopulated, especially now In fact, the Limited Nuclear Test over time, always consistently high with prices collapsing, people moving Ban Treaty in 1963 was considered by support for this kind of a treaty. This the Senate in 3 weeks; SALT I, 3 out and not in. Congress has a responsibility. I say to The question is, ‘‘What are we going months; the ABM Treaty, 10 weeks; my colleagues who really don’t want to to do about that?’’ Congress has a re- ABM Treaty Protocols, 14 months; do this: You have a responsibility to sponsibility to do something about it START I, 11 months. the country to do this. I hope that in and so does this President. This Con- We have had the Comprehensive Test the month of July we can make gress passed the Freedom to Farm bill. Ban Treaty before the Senate for 658 progress in passing this Comprehensive The presumption of Freedom to Farm days with not even a hearing. I think Nuclear Test Ban Treaty. is, we will reduce support prices and that is a shame. This treaty ought to Mr. REID. Mr. President, I ask unan- you rely on the marketplace. If the be part of this Senate’s agenda. If we imous consent to send a resolution to marketplace has collapsed prices, there do not have a hearing and do not ratify the desk. has to be a safety net. If you don’t have this treaty by the end of September, we The PRESIDING OFFICER. Without a safety net, you won’t have family will have only a limited role when a objection, it is so ordered. farmers left. conference is formed in October of the f Freedom to Farm hasn’t worked, and countries that have ratified this treaty THE FARM CRISIS this Congress needs to understand that to discuss its entry into force. It does and do something about it. The Presi- not make any sense to me. Mr. DORGAN. Mr. President, let me dent also has a responsibility. He This country ought to lead on issues turn to an additional issue I believe signed the Freedom to Farm bill. He concerning the nonproliferation of nu- Congress and the President must con- complained a little about it when he clear weapons. One way to lead on sider in the month of July. It deals signed it, but he signed it and said: We those issues is to ratify the Com- with the urgent farm crisis that exists will make some improvements. prehensive Test Ban Treaty. It does in farm country across America. The Freedom to Farm bill hasn’t not make any sense for the treaty to If there was a massive earthquake, a worked. Our trade policies are bank- have been signed, negotiated and sent series of tornadoes, fires, or floods rupt and not working. Concentration of to this Senate, and then to have it lan- across the Midwest, we would see Con- agricultural industries means that guish for all of these days. gress, the Federal Emergency Manage- farmers face monopolies in every direc- I would like to put up a chart which ment Agency, virtually everyone in- tion. All of these combined together shows a concern that some of the crit- volved through the Federal agencies re- are conspiring to leave this country ics have. They say: Well, gosh, with all sponding immediately. The President without family farmers in its future, this Chinese espionage, the last thing would likely fly out and view it. Con- and that will be, in my judgment, a we want, is to do something with re- gress would send emergency help. Fed- massive failure for America. spect to a treaty on banning nuclear eral agents would be there en masse In the month of July, in the coming tests. setting up offices to help. 4 weeks, the President has a responsi- The Cox report on the Chinese espio- Yet in farm country we have a crisis bility, in my judgment, to come to nage makes references to the CTBT. that is just as real, not as dangerous to Congress with a bold approach in deal- The report says it will be more difficult human health or human life as a tor- ing with this issue. Congress has a re- for the Chinese to develop advanced nu- nado or a flood, perhaps, but just as sponsibility to deal with it, as well, in clear weapons if we have this treaty in real and just as dramatic as natural a bold manner. place. If the People’s Republic of China disasters. I know some in Congress say: We violated the Comprehensive Test Ban The chart here shows what has hap- don’t intend to do anything until the Treaty by testing surreptitiously to pened to the price of wheat since 1996. President sends us something. They further accelerate its nuclear develop- You can see what has happened to the didn’t have that reticence about adding ment, we could detect it given the price of wheat. We have mostly wheat $6 billion to the defense bill. When the monitoring system imposed by the farmers up in our part of the country. emergency bill came up for defense, treaty. If the Chinese are signatories to The price of wheat has collapsed like a they said: We don’t care what the the treaty and the Russians are sig- lead weight. Ask yourself: If your in- President said. We think he should natories to the treaty—and they are come collapsed, if a Senator’s income have $6 billion more. waiting for us—and we can stop test- collapsed like that, do you think there This is a joint responsibility. The ing, the only conceivable way they would be howls of protest? Do you Congress needs to act and the Presi- could validate any kind of nuclear think that would be an emergency? dent needs to act. We need to do it to- stockpile is through the use of ad- How about the minimum wage, if it gether, and it needs to be done now. S8208 CONGRESSIONAL RECORD — SENATE July 12, 1999 Not later, now. If we don’t take action in the grain market. The grain market portant in my home State, as well as soon, we won’t have family farmers says to our farmers: Your food that you elsewhere in the Nation. Second, how- left. We won’t have to worry about an produce has no value. Yet all the testi- ever, it demonstrates that section 201 emergency family farm bill because mony we hear from all around the of U.S. trade law can work. This is the there won’t be family farmers around world, Sudan included, tells us that old so-called ‘‘safeguard provision.’’ It is to respond to. women are climbing trees foraging for designed to prevent serious disruption Again, if there was an earthquake or leaves to eat because there is nothing to the domestic industry whenever a flood or fire or tornado or perhaps to eat. We know that a substantial por- there is an import surge. even some hog disease, as Will Rogers tion of the world’s population goes to Third, the decision was important be- used to say, you’d have all the Federal bed at night with an ache in their belly cause I hope it shows a renewed com- agents coming out to talk about the because of hunger. mitment by the Clinton administration hog disease. They would want to know, It makes no sense for us to be told to assist American industries. This in- ‘‘what is happening here and will it that our food has no value when people cludes the agriculture sector that faces spread to other hogs?’’ go to bed hungry each night. I want the unprecedented challenges in the U.S. One way to get attention, it seems to White House and the Congress together market for reasons not of their own me, is for Congress and the President to boldly respond to this issue in the making. to decide that this is a farm crisis. It is coming weeks. This 4-week period is Section 201 has been little used in re- in my part of the country, with the col- critical. We must put this on the agen- cent years. Both Democratic and Re- lapse in prices and the natural disaster da in a bipartisan way and do so boldly. publican administrations have been re- that has kept about 3 million acres I yield the floor. luctant to agressively apply its provi- from being planted in North Dakota be- The PRESIDING OFFICER. The Sen- sions. For example, in the mid-1980s cause it was too wet. The floods and ator from Montana is recognized. President Reagan would not follow an the worst crop disease in this century, f ITC recommendation for trade relief all piled on top of family farmers’ for the American footwear industry. shoulders at a time when prices are THE AGRICULTURE CRISIS That failure was a major contributor collapsed. To add to their burden, we Mr. BAUCUS. Mr. President, I com- to the introduction of many legislative have a trade agreement that allows the mend the Senator from North Dakota proposals that could have significantly Europeans to spend 10 times as much for his statement. He is on target. He closed the American market to foreign on their farm program as we do and un- raises an issue that so far this Congress products. American industries and dercuts prices on sales to foreign gov- has not dealt with. It is as precipitous, workers—whether in manufacturing, ernments. We let them do that in ex- as calamitous, as tragic, frankly, as agriculture, or services—must think cess of ours—we won’t even use our ex- the Senator indicated. I very much the Federal Government will use all port program for reasons I don’t under- hope that Senators heard the state- available tools to help them when they stand—at a time of mounting burdens ment of the Senator from North Da- are challenged suddenly by surges in on family farmers in a way that is fun- kota. I also hope the White House imports. This is especially important damentally unfair. heard his statement, and others, too. today, when global financial disruption We had better decide as a country I do not know exactly what the an- can change competitive positions of that family farming matters to our fu- swer is, but I do know we need an an- countries overnight. ture. If we don’t, they won’t be around. swer. We need a solution to the prob- In the case of lamb, we see an indus- When they are not around, corpora- lems our farmers are facing because try that has been severely damaged by tions will farm our country coast to the conditions he described in North imports. Without relief, the injury to coast. The price of food will go up and Dakota are the same conditions one the industry would have continued to this country will have lost something would find in my State, particularly worsen. The number of sheep being and every small town will have lost the eastern half, which produces a lot raised is at an all-time low. Prices have something important. of grain and some barley. But it is a dropped precipitously. Lending institu- This is not just about farmers. It is wheat-producing area that is experi- tions are increasingly unwilling to ex- about small towns and Main Streets encing very difficult conditions. tend credit. and boarded-up business and economies f The industry did what it was sup- that are empty shells in a lot of our posed to do. It used the domestic legal TEMPORARY TRADE RELIEF FOR small communities. process authorized by the WTO. That My message is very simple: We have THE U.S. LAMB INDUSTRY process is enforced through section 201 a responsibility this month. We have a Mr. BAUCUS. Mr. President, I want of the U.S. trade law. This is how the responsibility now, all of us, and so to acknowledge, and I very much ap- process should work and, in this case, does the President, to have a meeting. preciate, the action taken last week by is working. I want the White House to have a meet- the President in response to the rec- I believe the reluctance of the execu- ing on this with Republicans and ommendations of the International tive branch over the past 15 years to Democrats. I want us to come together Trade Commission—otherwise known take action under section 201 has been with an emergency package that re- as the ITC—on relief for the American a serious mistake. The most recent ex- sponds to the farm crisis, does it bold- lamb industry. As you know, the indus- ample of this is the late action that ly, does it in a way that helps real fam- try has gone through very difficult was taken by the administration to ily farmers, and does it in a way that times these last few years. Imports deal with the surge of steel imports. gives family farmers some hope that have surged dramatically and lamb The volume of steel imports now seems their future is a future in which they prices have dropped precipitously. The to be under control. But we are still can make a decent living raising Amer- package of trade relief and adjustment faced with a dilemma. How can we en- ica’s food supply. assistance announced by the President sure that the next time the steel sec- If I might make one additional point: will help the industry adjust. It will tor, or any other sector, is threatened We have to rely on foreign markets as allow our producers and feeders to keep by a precipitous spike in imports, well. We produce more food than we their businesses and prosper in the fu- strong and rapid measures will be consume in this country. Yet I heard ture. taken to provide relief to those indus- last week that the amount of imported I am very grateful to the President tries? food in this country has doubled in the and the staff of many agencies for their Earlier this session, I introduced the last 7 years. work on behalf of the American lamb Import Surge Relief Act. It would im- We had protests at the Canadian bor- industry and the American workers in prove and expedite the way our Gov- der last weekend. It is unfair the level that industry. ernment deals with import surges. It of imports coming from Canada. The This was an important decision. would ease the standard that must be thing I don’t understand, however, is Why? For several reasons. First, of met to demonstrate that there is a the grain market, all these folks that course, it provides significant relief to causal link between imports and injury worship at the altar of the marketplace the lamb industry, which is very im- to an American industry. It would July 12, 1999 CONGRESSIONAL RECORD — SENATE S8209 speed up the process for addressing im- Ms. COLLINS. Mr. President, I yield larly concerned about the impact these port surges. It would provide for an myself such time as I may consume rising costs are having on small busi- early warning about import surges so from general debate on the bill under nesses and their employees. action can be taken before the Amer- the unanimous consent agreement. A survey of small employers con- ican industry is irreversibly damaged. I am pleased that the Senate has ducted by the United States Chamber All this is perfectly legal under the begun debate on the Patients’ Bill of of Commerce earlier this year found WTO. Rights and the Patients’ Bill of Rights that, on average, small businesses were Let me address a few remarks to the Plus. There is a growing unease across hit with a 20-percent premium hike principal exporters of lamb to the this Nation about changes in how we last year. More important, of the small United States—Australia and New Zea- receive our health care. People worry employers surveyed, 10 percent were land. There has been a lot of misin- that if they or their loved ones become forced to discontinue health care cov- formation coming from the industry ill, their HMO may deny them coverage erage for their employees because of and governments in those two coun- and force them to accept either inad- these premium increases. Over half of tries. equate care or financial ruin, or per- the employers surveyed indicated that This is not an attack on the lamb in- haps even both. They believe that vital they switched to a lower cost plan, dustry in Australia or New Zealand. decisions affecting their lives will be while an overwhelming majority indi- Rather, it is a measure taken under made not by a supportive family doctor cated that they had passed the addi- U.S. trade law to provide temporary— but, rather, by an unfeeling bureauc- tional costs of these premium hikes on and I underline the word ‘‘tem- racy. to their employees through increased porary’’—relief to a devastated Amer- Our goal this week should be to join deductibles, higher copays, or premium ican industry. The actions announced together to work in a bipartisan way to hikes. by the President are compatible with enact legislation that accomplishes This, too, is very troubling since it the WTO. Australia and New Zealand three major purposes. will induce many more employees, es- will continue to ship large quantities First, it should protect patients’ pecially lower wage workers and their of lamb to the United States. Their ex- rights and hold HMOs accountable for families, who are disproportionately ports would be able to grow each year. the care they promise. affected by increased costs, to turn The only difference is that the Amer- Second, it should expand, not con- down coverage when it is offered to ican lamb industry will stay in busi- tract, Americans’ access to affordable them. Indeed, in the HELP Committee, ness and American workers will keep health care. on which I serve, we saw a GAO report their jobs. Australia and New Zealand And, third, it should improve health which indicated that an increasing have the right to appeal to WTO. I am care quality and outcomes. number of American employees are sure they will do that, and I am con- I believe all of us should be able to turning down the health insurance of- fident that the appeal will not be suc- agree that medically necessary patient fered by their employers because they cessful. Everyone should understand care should not be sacrificed to the simply cannot afford to pay their share that this action was necessary to pro- bottom line and that health care deci- of the costs. vide temporary relief to an industry sions should be in the hands of medical It is no wonder that the ranks of un- that was hurting. professionals, not insurance account- insured Americans increased dramati- Let me conclude by again thanking ants or trial lawyers. cally last year to 43 million people— the President and the administration We do face an extremely delicate bal- the highest percentage in a decade. officials who made possible this impor- ancing act as we attempt to respond to This is happening at a time when our tant action to provide remedies to the concerns about managed care without economy is thriving. Imagine what devastated lamb industry in the United resorting to unduly burdensome Fed- could happen in an economic downturn. States. eral controls and mandates that will We know that increasing health in- I yield the floor, and I suggest the ab- further drive up the cost of insurance surance premiums cause significant sence of a quorum. and cause some people to lose their losses in coverage. That is the primary The PRESIDING OFFICER. The health insurance altogether. reason that I am so opposed to the clerk will call the roll. That is the crux of the debate we are Kennedy bill. According to the Con- The assistant legislative clerk pro- undertaking this week. The crux of gressional Budget Office, the Kennedy ceeded to call the roll. this debate is how can we make sure bill, that has been laid down before us, Ms. COLLINS. Mr. President, I ask that we address those critical concerns will increase health insurance pre- unanimous consent that the order for we all have about managed care with- miums by an additional 6.1 percent the quorum call be rescinded. out so driving up the cost of the health over and above the premium increases The PRESIDING OFFICER (Mr. insurance people have—as the Kennedy we have already experienced or are KYL). Without objection, it is so or- bill would do—that we jeopardize cov- likely to experience as a result of a re- dered. erage for thousands, indeed millions, of surgent increase in health care infla- f Americans. tion. As the President’s Advisory Commis- The CBO report goes on to note that: CONCLUSION OF MORNING sion on Consumer Protection and Qual- BUSINESS Employers could respond to premium in- ity noted in its report, ‘‘costs matter creases in a variety of ways. They could drop The PRESIDING OFFICER. Morning .. . the Commission has sought to bal- health insurance [coverage] entirely, reduce business is now closed. ance the need for stronger consumer the generosity of the benefit package [in f rights with the need to keep coverage other words, cut back on the benefits that affordable. . . Health coverage is the are provided], increase cost-sharing by [their PATIENTS’ BILL OF RIGHTS ACT best consumer protection.’’ employees], or increase the employee’s share OF 1999 I think President Clinton’s quality of the premium. The PRESIDING OFFICER. Under commission hit it right. I believe they CBO assumed that employers would the previous order, the Senate will now have stated exactly what the debate is deflect about 60 percent of the increase proceed to the consideration of S. 1344, before us. I, therefore, have been in premiums through these strategies. which the clerk will report. alarmed by recent reports that Amer- In other words, 60 percent of this in- The legislative clerk read as follows: ican employers everywhere, from giant creased cost is going to go right to A bill (S. 1344) to amend the Public Health multinational corporations to the tiny American workers. The remaining in- Service Act, the Employee Retirement In- corner store, are facing huge hikes in crease in premiums would be passed on come Security Act of 1974, and the Internal medical insurance averaging 8 percent to workers in the form of lower wages. Revenue Code of 1986 to protect consumers in and sometimes soaring to 20 percent or In short, it is the workers of America, managed care plans and other health cov- more. it is the employees, who will be paying erage. This is a remarkable contrast to the this increased cost. The Senate proceeded to consider the past few years when premiums rose less Lewin Associates, a well-respected bill. than 3 percent, if at all. I am particu- health consulting firm, in a study for S8210 CONGRESSIONAL RECORD — SENATE July 12, 1999 the AFL-CIO, has estimated that for which is intended to protect the unpro- bill proposes. Our legislation would ac- every 1 percent increase in premiums, tected consumer, extends many of the complish this goal by creating a strong 300,000 Americans have their health in- same rights and protections to these internal and external review process. surance jeopardized. Based on these individuals and their families that Both appeals processes are available at projections, passage of the Kennedy those in State-regulated health plans no cost to the patient. bill would result in the loss of coverage already enjoy. Here is how it would work. First, pa- for more than 1.8 million Americans. For the first time, people in self- tients or doctors who are unhappy with That is more than the entire popu- funded plans will be guaranteed the an HMO’s decision could appeal it in- lation of my home State of Maine. right to talk freely and openly with ternally through a review conducted by The Kennedy bill should be more their doctors about treatment options individuals with appropriate expertise aptly titled the ‘‘Patients Bill of without being subjected to any kind of who are not involved in the initial de- Costs’’ because ultimately it will be ‘‘gag clauses’’ that limit their commu- cision. Moreover, this review would the patient who will get hit with high- nications. They will be guaranteed cov- have to be conducted by a physician, if er health care costs if the Kennedy bill erage for emergency room care that a the denial is based on a determination is approved. ‘‘prudent layperson’’ would consider that the service is not medically nec- Our legislation, by contrast, provides medically necessary without having to essary or that it was experimental the key protections that consumers get prior authorization from their treatment. Patients would expect re- want without causing costs to soar. It health plan. They will be able to see sults from this review within 30 days, responsibly applies these protections their OB/GYN or pediatrician without a or 72 hours, in cases where delay poses where they are needed. The legislation referral from their plan’s ‘‘gate- a serious risk to the patient’s health. does not preempt but, rather, builds keeper.’’ They will have the option of Let’s say that after this internal re- upon the good work that States have seeing a doctor who is outside the view process is completed, the patient done in the area of patients’ rights and HMO’s network. They will also be guar- or the physician is still unhappy with protections. States have had the pri- anteed access to nonformulary drugs the decision; let’s say that the internal mary responsibility for the regulation when it is medically necessary, and review upheld the HMO’s decision. of health insurance since the 1940s. they will have an assurance of con- There is still another protection in our I spent 5 years in State government tinuity of care if their health care plan bill. Patients turned down by this in- as a member of the Governor’s cabinet terminates its contract with their doc- ternal review would then have the and was responsible for the Bureau of tor or hospital. right to a free, independent, external Insurance. I know State insurance reg- The opponents of our legislation con- review conducted by medical experts ulators have done a good job in pro- tend that the Federal Government who are completely independent of the tecting the rights and needs of their should preempt the States’ patient pro- insurance plan. consumers in their State. In fact, they tection laws unless they have already This review must be completed with- have been far ahead of the Federal Gov- enacted identical protections. How- in 30 days, and even faster, if there is a ernment in responding to concerns ever, the States’ approaches vary wide- medical emergency or a risk to the pa- about managed care. ly—for good reasons. Moreover, if we tient’s life or health. Moreover, the de- For example, 47 States have passed start adopting a Washington-knows- cision of these outside reviewers is laws prohibiting ‘‘gag clauses’’ that re- best approach to health care, we will binding on the health plan. It is not strict communications between pa- have HCFA deciding whether a State binding on the patient. tients and their doctors. As a con- has met the test of a Federal regula- If you have been denied care you sequence, as the CBO notes in its re- tion. Our experience with other laws think you need, you can apply for an port on the Kennedy bill, ‘‘Several should show that is not a good idea. internal review. If you are not happy studies have shown that few plans im- Other provisions of our bill provide with that review, you can go on to an pose such restrictions today.’’ new protections for additional millions independent external review, and the Forty States have requirements for of other Americans. These are the pro- decision of the physician, who has to emergency care. All 50 States have re- cedural protections that are in our bill. have expertise in the condition at quirements for grievance procedures. A key provision of our bill builds upon issue, is binding on the health plan, but And 36 States require direct access to the existing regulatory framework it is not binding on you, if you are still an OB/GYN. under ERISA to give all 124 million unhappy. If you are still unhappy with States have acted without any man- Americans in employer-sponsored the decision made, the patient would date from Washington, without any plans the assurance that they will get still have the right, would retain the prod from Washington, to protect their the care they need when they need it. right to sue in Federal or State court consumers. Moreover, one size does not The legislation will enhance and im- for attorney’s fees, for court costs, for fit all; what might be appropriate for prove current ERISA information dis- the value of the benefit, and injunctive one State may not fit for the con- closure requirements and penalties and relief. Really, it is a three-stage ap- sumers in another. strengthen existing requirements for peals process: First, an internal review, Florida, for example, provides for di- coverage determinations, grievances an external appeal, and then you can rect access to a dermatologist, which is and appeals, including—and this is the still go to court to sue for the benefit understandable given the high rate of most important provision of our bill— and for your attorney’s fees and court skin cancer in that State. In the State the addition of a new requirement for costs. of Maine, another kind of mandate may strong, independent, external review The purpose of our legislation is to be more appropriate. Similarly, what that is available at no cost to the pa- place treatment decisions in the hands may be appropriate for California, tient. of doctors, not insurance company ac- which has a high penetration of HMOs, All 124 million Americans in em- countants, and not in the hands of trial may simply not be necessary in a rural ployer-sponsored plans will be entitled lawyers. If your HMO denies treatment State such as Wyoming where there is to clear and complete information that your physician believes is medi- little or no managed care. In such about their health plan—about what it cally necessary, you should not have to States, a new blanket of heavyhanded covers and what it does not cover, resort to a costly and lengthy court Federal mandates in coverage require- about any cost-sharing requirements, battle to get the care you need. You ments will simply drive up costs and and about the plan’s providers. Helping should not have to hire a lawyer. You impede, not enhance, health care. That patients understand their coverage be- should not have to file an expensive is why the National Association of In- fore they need to use it will help to lawsuit to get the treatment. surance Commissioners supports the avoid disputes about coverage later. Our approach contrasts with the ap- approach we have taken in our bill. The goal of any patients’ rights legis- proach taken in the Kennedy bill, Currently, Federal law prohibits lation should be to resolve disputes which encourages patients to sue their States from regulating the self-funded, about coverage up front when the care health plans. I simply do not believe employer-sponsored health plans that is needed, not months or even years you can sue your way to quality health cover 48 million Americans. Our bill, later in a courtroom, as the Kennedy care. We should solve problems about July 12, 1999 CONGRESSIONAL RECORD — SENATE S8211 health care coverage upfront, when the same time providing an enhanced ben- large corporation to deduct 100 percent care is needed, not months or even efit package with such features as well of the cost of the health insurance pre- years later, after the harm has oc- baby care, free annual physicals, and miums that it is providing to its em- curred. prescription drug cards with low copay- ployees but restricts a self-employed Let’s look at the experience with ments. The people at Bowdoin College individual to a deduction of only 45 medical malpractice cases. According told me that the Kennedy proposal to percent. Our bill would move that to to the GAO, it takes an average of 33 expand liability would seriously jeop- 100 percent immediately. This would months to resolve malpractice cases. ardize their ability to offer affordable help reduce the number of uninsured This does nothing to ensure a patient’s coverage for their employees. In fact, working Americans. It would help right to timely and appropriate care. they told me they would probably make health insurance more affordable Moreover, patients receive only 43 abandon their self-funded plan and go to the 82,000 people in Maine who are cents out of every dollar awarded in back into the insurance market and, self-employed. They include our lobster malpractice cases. Exposing health thus, buy a plan that would have fewer men, our hair dressers, our elec- plans and employers to greater liabil- benefits for their employees in order to tricians, our plumbers, and the owners ity would force plans to cover unneces- avoid this increased risk of liability of our gift shops, which we hope all of sary services that do not benefit pa- and litigation. you will visit this summer along the tients in order to avoid costly litiga- Similar concerns were expressed to coast of Maine. It includes so many tion and to make decisions based not me by the Maine Municipal Associa- hard-working Mainers for whom the on the best practice protocols but, tion, which represents cities and towns cost of health insurance is simply out rather, on the latest jury verdicts and throughout Maine, L.L. Bean, Bath of reach. Iron Works, and many other respon- court decisions or out of fear of being Mr. President, I believe that the Re- sible Maine employers. publican approach strikes the right sued. Unlike the Kennedy bill, the Repub- The noted Princeton health econo- balance, as we effectively address con- lican bill contains key provisions that mist Uwe Reinhardt was quoted in this cerns about quality and choice without will help hold down the cost of health resorting to unduly burdensome Fed- Sunday’s Washington Post as saying care while improving health care qual- that he believes the financial impact of eral controls and expensive, bureau- ity and holding HMOs accountable. cratic, new Federal mandates that will the Kennedy bill’s liability provisions For example, I am particularly would be profound. He noted: further drive up costs and cause some pleased that our bill contains a pro- Americans to lose their health insur- In the end, we’re back again to basically posal, introduced by my colleague, the the open-ended deal where the individual ance altogether. senior Senator from Maine, that pro- I urge my colleagues to join in sup- physician makes a judgment and no one hibits insurers from discriminating on dares question it. porting the Republican health task the basis of predictive genetic informa- force legislation. Mr. President, all of us treasure the tion. Genetic testing holds tremendous relationships we have with our physi- I reserve the remainder of our time. promise for individuals who have a ge- Mr. DASCHLE addressed the Chair. cians. We are also well aware of studies netic predisposition to breast cancer The PRESIDING OFFICER. The dis- that have shown there have been un- and other diseases and conditions with tinguished minority leader is recog- necessary hysterectomies, for example, a genetic link. However, this promise is nized. or the use of mastectomy when re- significantly threatened when insur- Mr. DASCHLE. Mr. President, this is moval of a lump from a breast would ance companies use the results of such truly a historic day. My Democratic suffice. That is why we need to have re- testing to deny or limit coverage to colleagues and I have been trying for views based on the best medical evi- consumers on the basis of genetic in- nearly 2 years to bring this debate to dence and decisionmaking possible. formation. the floor of the Senate. The President’s Advisory Commis- Our legislation also establishes the For the past 2 years, I have listened sion on Consumer Protection and Qual- agency for health care research and to people and their complaints about ity specifically rejected expanded law- quality, an initiative of our physician the health care system. I have come to suits for health plans because the com- in the Senate, Mr. FRIST from Ten- the conclusion that the reason the in- mission believed it would have serious nessee. The purpose of these provisions surance companies call them HMOs is consequences for the entire health care is to foster an overall improvement in that H-M-O sums up their patient phi- industry. I agree with that assessment. health care quality, to bridge the gap losophy: Having Minimal Options. The last thing we need is to introduce between what we know and what we do I thank the majority leader. It is no more costly litigation into our health in health care today. secret that Senator LOTT faced consid- care system. Most important, the Republican bill erable pressure to prevent this debate. At a time when the tort system of will expand access to health insurance On behalf of the 161 million Americans the United States has been criticized as for millions more Americans by mak- who need the protections in our bill, we inefficient, expensive, and of little ben- ing it more affordable. This is the key thank him for agreeing, finally, to efit to the injured, the Kennedy bill difference between the two alternatives bring this debate to the floor. would be bad medicine for American before the Senate. Our bill would ex- Most of all, I want to acknowledge families, workers, and employers, driv- pand access to health care, a critical my Democratic colleagues. We would ing up the cost of health insurance and issue at a time when we have 43 million not be having this debate were it not jeopardizing coverage for some who uninsured Americans. The Kennedy bill for their steadfast determination and need it most. would constrict access and jeopardize hard work. That is particularly true of Our concern is not just theoretical. I coverage for many Americans. The big- the senior Senator from Massachu- met with a group, a very good group of gest obstacle to health care in the setts, Mr. KENNEDY. They have each Maine employers who care deeply United States today is simply cost. taken considerable risks to demand about their employees. They expressed This is due, in part, to the Tax Code’s that this Senate listen to and deal with to me their serious concerns about the inequitable treatment of people who do the real problems America’s families Kennedy proposal to expand liability not receive health insurance through are having with their HMOs. Every one for health plans and employers. For ex- their employers. Some 25 million of them deserves recognition. ample, the representative from Americans are in families headed by The general debate on this bill is sup- Bowdoin College in Maine talked about self-employed individuals, and, of posed to last 3 hours—which, according how moving to a self-funded ERISA these, 5 million are uninsured. The Re- to an HMO, is enough time for a plan had enabled the college to greatly publican bill will make health insur- woman to check into a hospital, deliver improve the coverage it provided to ance more affordable for these Ameri- a baby, and be sent home. Senator KEN- Bowdoin’s employees and to offer af- cans by allowing self-employed individ- NEDY and I and others intend to use fordable coverage to them. uals to deduct the full amount of their these 3 hours to talk about the extraor- Since the college is self-funded, it health care premiums. dinary difference in approach between has actually been able to lower pre- I have never understood the policy the Democratic and the Republican miums for its employees while at the behind our Tax Code that allows a plans. S8212 CONGRESSIONAL RECORD — SENATE July 12, 1999 There are no bills pending in this problem with a health insurance com- not permitted to offer our protections Congress that will have a greater im- pany. Last year, that number had as amendments so that the Senate can pact on the lives and health of Amer- grown to 154 million Americans. discuss and vote on each of them, if ica’s families than this bill. There are When we first introduced our bill, there are those who try to prevent an no decisions we will make that will nearly 2 years ago, a lot of our Repub- honest debate by using parliamentary have a more profound effect than the lican friends said we didn’t need a Pa- tricks, we are putting them on notice decisions we make this week. tients’ Bill of Rights. Today, they have now: This debate will certainly not end The issues we will debate these next a bill of their own. We consider that on Thursday. We will continue to offer 4 days are literally life-and-death progress. But we still have big dif- the protections in our plan as amend- issues. ferences of opinion about what a Pa- ments for as long as we have to until The insurance industry has spent tients’ Bill of Rights should do. we finally have that honest debate. tens of millions of dollars to try to pre- Our bill covers 161 million Ameri- We know from experience that we vent us from ever having this debate. cans. Their bill covers 48 million peo- can pass bills that protect the health of Many of our Republican colleagues re- ple; it leaves out more than 100 million American families when we want. To- sponded and worked with them. The Americans. gether, Republicans and Democrats Republicans seem to protect insurance Our bill lets health care professionals passed a bill allowing people to take companies the way Briana Scurry pro- make medical decisions about your their health care with them when they tects a soccer goal. The insurance in- health. Their bill lets insurance com- change jobs. Together, we passed a bill dustry has spent millions of dollars on pany accountants make those deci- to help working parents purchase pri- ads designed to confuse and frighten sions. vate, affordable health insurance for the American people, and intimidate Our bill guarantees you the right to their kids. Together we can pass a real, us. They hope that by repeating see a qualified medical specialist, in- meaningful Patients’ Bill of Rights untruths often enough they will be able cluding pediatric specialists for your this week. to kill this bill and keep their license children. The Republican bill doesn’t AMENDMENT NO. 1232 to practice bad medicine. guarantee that either you or your chil- The truth is, this whole debate comes (Purpose: To provide the text of Senate Bill dren will be able to see qualified med- 326 (106th Congress), as reported by the down to one critically important ques- ical specialists. Committee on Health, Education, Labor, tion: Who should make medical deci- If your HMO refuses to pay for care and Pensions of the Senate, as a complete sions, doctors or insurance company your doctor says you need, our bill al- substitute) accountants? lows you to appeal that decision to an Mr. DASCHLE. Mr. President, I send We have all heard the horror stories. independent review board. Their bill In Georgia, a 6-month-old boy was an amendment to the desk. contains an appeal process, too—except burning up with a 105-degree fever. His The PRESIDING OFFICER. The they let the HMO decide what decisions mother called her HMO twice and clerk will report. can be appealed. They also let HMOs begged to be allowed to take her son to The assistant legislative clerk read the emergency room. Both times the handpick and pay the people who hear as follows: HMO refused. She finally decided to the cases. The Senator from South Dakota (Mr. Finally, our Patients’ Bill of Rights take him to the hospital anyway. By DASCHLE) proposes an amendment numbered is enforceable. Theirs isn’t. 1232. the time they arrived, the infection CBO estimates that the most our Pa- that was causing the fever had de- Mr. DASCHLE. Mr. President, I ask tients’ Bill of Rights would increase stroyed the circulation in the baby’s unanimous consent that reading of the premiums is 4.8 percent over 5 years— extremities. Both his hands and feet amendment be dispensed with. less than 1 percent a year. That comes had to be amputated. The PRESIDING OFFICER. Without In Washington, DC, a 12-year-old boy out to less than $2 per beneficiary objection, it is so ordered. was diagnosed with a cancerous tumor —less than $2 a month to guarantee (The text of the amendment is print- in his leg. His oncologist recommended that your health insurance will be ed in today’s RECORD under ‘‘Amend- a treatment that could save the leg. there when you need it. ments Submitted.’’) But when the doctor’s office called the Last month, when we offered our Pa- Mr. DASCHLE. Mr. President, let me boy’s HMO, they were told the only tients’ Bill of Rights, a Republican col- explain the amendment I have just of- treatment the HMO would pay for was leagues voted to kill it, without dis- fered. This amendment is the Repub- amputation. Four months and several cussing its specific pieces. Yet, they lican HMO reform bill. We are offering appeals later, the HMO finally agreed claim they support nearly all the pro- it as a substitute to the Democratic to pay for the treatment the doctor or- tections in our plan. bill for one reason. dered. But by then, the cancer had So this week, we intend to offer our Senator LOTT has been very candid spread; the leg had to be amputated. plan again, piece by piece. Let’s debate and open about his intentions. His in- In Kentucky, a man with prostate each of the protections in our plan. tention, of course, is to offer at the end cancer needed one chemotherapy injec- Maybe when our colleagues really look of this debate a Republican bill that tion a month. The injections cost $500 at our proposals, they will decide they has not been debated or amended or each. His insurance company policy can support some of the protections in scrutinized in any way. said they were fully covered. But when our bill. The American people deserve By offering as our first amendment the HMO changed administrators, the to know exactly where each of us the Republican substitute, we now lay man was told he would have to pay $180 stands on each of these protections. down a dual track for the week—their a month out of his own pocket. He Let me just say a word at this point bill and our bill. Both bills are subject didn’t have $180 a month, so he had to about the kind of debate we expect this to amendments. Both are subject to go with the only other treatment his week. By agreeing to this debate, we consideration. Both are subject to the doctor said could control his cancer. He are assuming our Republican col- debate that we had anticipated when was castrated. The day he returned leagues intend to allow a real, honest we reached this agreement. from the hospital, he got a letter from debate. That means debating and vot- We will be offering amendments to his HMO saying they had made a mis- ing on each of the major protections in the Republican bill. We would love take; the HMO would now pay the $500 our Patients’ Bill of Rights. If we have nothing more than for our bill to pass after all. that sort of debate, then, whether we without amendment. But certainly, if Three different people, three dif- win or lose, we will certainly agree not that is not to be, we will at least do ferent parts of the country, but they to bring the Patients’ Bill of Rights up what we can to make sure the Senate all have one thing in common: They again this year. Up or down, win or deals honestly with this issue. were all powerless against their insur- lose, if the debate this week is fair and By offering the Republican bill, we ance companies. honest, we will not offer our Patients’ hope to make sure the Senate at least Unfortunately, I could go on and on. Bill of Rights again this year. has an honest debate, and we have the Two years ago, 130 million Americans But, if we are not able to do that, if opportunity to try to make the Repub- said they or someone they knew had a we don’t have a real debate, if we are lican bill what it should have been in July 12, 1999 CONGRESSIONAL RECORD — SENATE S8213 the first place—a good bill that deals years ago. But, in reality, the Demo- I’ll pay for it out of my own pocket. In with each of the issues and offers real crats thought they had a political 1993, Senator KENNEDY and Senator protections. issue. That is why we are only getting DASCHLE and President Clinton I retain the remainder of our time to this bill now. I think we are going to thought so much of freedom that they both under the amendment as well as prove this week they don’t have much said, If you pay the doctor out of your the general debate. of a political issue, and I think when pocket for a treatment that we do not The PRESIDING OFFICER (Mr. the debate is over they are going to be provide for, and the doctor takes the VOINOVICH). The Senator from Texas. glad it is over. And I think the Amer- money, he can be sent to prison for 15 Mr. GRAMM. Mr. President, let me ican people are going to be glad it is years. That was their concept of pa- begin by explaining how we came to be over. tients’ rights in 1993. That is what they here. Then I want to take a little walk Let me remind my colleagues, and thought freedom consisted of in 1993. down memory lane, as Ronald Reagan anybody who is watching this debate in I submit, this is what they still want. used to say, and talk about the real America, that this is not the first time The bill that is before us, their bill, is Democrat health care bill—the bill of- Bill Clinton and TED KENNEDY have step 1 toward government running the fered in 1993. I then want to talk about wanted to rewrite the health care sys- health care system, so when my mama the difference between the two bills— tem of this country. I have here on this needs to go see a doctor, she first has the Democratic Kennedy bill, and our desk the Clinton health care bills, and to talk to a government bureaucrat. bill—and why that difference is rel- the version of it that was sponsored by We defeated that in 1993, and we are evant to every working American fam- Senator KENNEDY. going to defeat it this week in the Sen- ily. Let me remind those who followed ate. Then I would like to conclude by ex- that debate in 1993—their memories What is the plan today? Unlike 1993, plaining why our bill is a good bill and might have gotten a little clouded— when our colleagues were very con- why I am confident that if Senator what this bill did. This bill said that cerned about the cost of health care, KENNEDY and I could go into every the problem in America was that we now they are not concerned about house in America and sit down with had 43 million Americans who didn’t health care cost, they are concerned people at their kitchen table, and if he have health insurance, and that in try- about rights. So all of a sudden they could explain his bill and what he is ing to deal with health insurance and have put together a bill that imposes a trying to do, and if I could explain our make it available, we needed to get rid whole lot of government restrictions, bill and what we are trying to do, I am of the current health care system, and that expands liability, so 60 percent of confident that 90 percent of the people we needed to set up on a regional basis the premiums that go to provide insur- in America would choose our bill. in America health care collectives that ance against medical liability will end We are going to have 4 days of de- people would be forced to join. And up going to lawyers instead of to doc- bate. But the outcome of the debate, I these collectives would be run by the tors and hospitals and clinics. think, is clear. We are going to win Government. The whole idea behind They have put together a bill that when the votes are cast, and we are the Kennedy bill in 1993 was give up the Congressional Budget Office has going to win this debate because we freedom to control cost. said, when you take into account all have a better program. Our program Obviously, I wouldn’t have enough the bureaucracy and all the legal li- benefits the people who do the work time in the day or the week to go ability, will drive up the cost of health and pay the taxes and pull the wagon through all of these provisions. But let care by 6.1 percent. That is equivalent in America. me just remind you of a couple of to taking 6.1 percent right out of the I think when the week is over that them. paycheck of working Americans in we will have discredited the approach In 1993, Senator KENNEDY, Senator order for them to be able to keep their of this bill as we discredited the bill in DASCHLE, and President Clinton said: insurance. Only a lot of Americans will 1993. But, of greater importance, we We are going to have the Government not be able to keep their insurance. In will have passed a real bill that gives take over the health care system in fact, a study funded by the AFL–CIO Americans real freedoms. your hometown—in Phoenix, AZ. There has concluded, if you take the increase Our colleagues have lamented that would be one health care collective run in health care costs under the Kennedy we have waited this long to deal with by the Government, and if you refused plan, 1.8 million Americans will lose this issue. I want to remind everyone to join that collective, you would be their health insurance. that last year throughout the year the fined $5,000. Mr. President, 1.8 million Americans majority leader offered to bring this That is what they wanted in 1993. will lose their health insurance if we bill up, and he offered to bring it up in That was their concept of freedom should adopt the bill that the Demo- two different forms. when they last asked us to let them crats have proposed. For those who are I thought the most reasonable offer run the health care system in America. lucky enough not to be one of the 1.8 was to let the Democrats write the best Then they said, if this plan did not million people who would lose their bill they could write that does the provide the kind of health care you health insurance, they would pay $72.7 most that they can provide to help peo- needed and you sought to get that billion over a 5-year period more for ple with health insurance and to im- health care through your physician and health insurance and health costs than pose whatever restrictions they want the health care was not allowed under they are paying now. to write. Then let Republicans put to- this plan, the physician could be fined This is not just about dollars, this is gether the best bill they can put to- $50,000. about real people and real health care. gether, and bring the two bills to the If you needed health care for your By 1.8 million people losing their floor of the Senate and let the Senate child, their concept of freedom, in 1993, health insurance, that means you choose between one. We could then in the Clinton-Kennedy health care would have 188,595 fewer breast exami- choose one or the other. That was re- bill, was: We know what kind of health nations every year for Americans, be- jected by the minority. care you need. They said: We are going cause the Kennedy bill would take We then offered them the ability to to provide it in this bill, and, if you away their health insurance. It means bring the two bills up and each side want health care outside this bill and a 52,973 American women would not have have five amendments. That was re- physician provides it for you, we are mammograms who would have them jected by the minority. going to fine them $50,000. under current law, because the increase Not to waste a lot of time to get into That was their concept of freedom in in cost under this bill would take away a debate with the minority leader, or 1993. In 1993 they said, What about the their health insurance. It means that with other Democrats, I simply submit circumstance where your baby is really 135,122 Pap tests would not be under- that we have been 2 years getting to sick? So you go to a doctor and say, I taken, because people would have lost this point because the Democrats have need health care, and they, under the their health insurance and therefore wanted it to be 2 years getting to this Clinton-Kennedy plan, say, We are not lost access to that coverage. Mr. Presi- point. We could have brought up bills allowed to provide this kind of treat- dent, 23,135 American men, mostly el- and voted under an orderly process 2 ment. You say, forget about the plan, derly men, would lose their prostate S8214 CONGRESSIONAL RECORD — SENATE July 12, 1999 screening exam as a result of the bureaucrat into the examining room to their family, not those basic bene- health care cost increase that would be who will be there to keep an eye on the fits the Government might decide in dictated by the Kennedy plan. HMO, and to keep an eye on the doctor, Washington would be useful. So what do they offer us in the name and to regulate. Then, in addition to And finally, we give people the right of health care rights? They offer us a the bureaucrat, he brings the lawyer to control their own health care, some- bill that would drive up health insur- into the examining room who will be thing the Democrats do not do. ance costs by 6.1 percent, costing 1.8 there keeping an eye on the bureaucrat The Democrat plan means more Gov- million Americans their health insur- and HMO and the doctor, so that he can ernment, more lawyers, more rules, ance, and for those who are lucky be there to sue the doctor or the HMO. more uninsured and more Government enough to be able to afford to keep The reason Senator KENNEDY’s plan control, but the one thing it does not their health insurance, they would pay drives up health care costs by 6.1 per- mean, the one thing it does not provide $72.7 billion more for their health in- cent and costs 1.8 million Americans is more freedom. Our bill provides surance over a 5-year period. their health insurance and drives up more freedom. Let me explain two In return for all of these costs, what the cost for those who can afford to ways it does. do people get? Rather than going into keep it by $72.7 billion is it costs a lot First of all, under the current tax the details, I am going to reduce it of money to bring all these bureaucrats system, we have a terrible inequity. If down to a very simple example. I want and all these lawyers into the process. General Motors buys your health insur- ance for you as their employee, it is to define the problem Senator KENNEDY But the point is, what people are un- sees—and we agree on the problem. happy about is the HMO gatekeepers tax deductible. But if you buy it for Then I am going to explain what he being in the examining room. They yourself as either a small provides in the name of rights that wanted to get them out of the exam- businessperson who does not have health insurance or a self-employed drives up costs by 6.1 percent, costs 1.8 ining room. They do not want to bring who does not have health insurance or million people their health insurance, the bureaucrats in and bring lawyers somebody who works for a company and those who keep their health insur- in. What they want is a health care that does not provide health insurance, ance pay $72.7 billion more for it. system that looks like this: They want or if you would rather buy your own Here is the problem. The innova- a health care system where you have health insurance rather than General tion—which, by the way, has been two people in the examining room and Motors choosing for you, it is not fully championed by the people who are of- one of them is you. You are on this end tax deductible. The first thing our bill fering this amendment—is HMOs. They of the stethoscope, and your doctor is does is it treats you as well as current thought so much of them they wanted on the other end of the stethoscope, tax law treats General Motors. Under to force everybody in America into a and there is nobody else in the room. government-run HMO. But, under our bill, if you buy your own health in- That is what they want. surance—let’s say you are self-em- HMO, there is a problem. The problem The difference between the Kennedy ployed. You will get the right to the is that people lose the control they bill and our bill is, under his bill, he same tax treatment that General Mo- want and need over their health care. brings in the bureaucrat and the law- tors does, so your health insurance is Let me reduce it down to a simple ex- yer. So now you have four people in the tax free. ample. examining room. What we do is we get The second and most important When people with an HMO go into rid of the HMO gatekeeper and give choice we give to people is a totally the examining room, too often, in addi- people real freedom. new program, a new choice. We do not tion to their doctor in the examining This is such a critically important force anybody to take it, but we give room, they have, either literally or point. Our Democrat colleagues have people the ability to buy, in addition to figuratively, the HMO gatekeeper in gotten caught up in this deal about all the choices we provide with every- the examining room. So they are going how they are going to give people thing from an HMO to private practice into the examining room—obviously, rights. I think it is wonderful that it is of medicine through a medical savings that often entails taking your clothes so easy for somebody to see what they account, we expand people’s freedom. off. People are often a little nervous mean by ‘‘rights’’ and what we mean by One of the choices we provide, which I about that. They want privacy. They ‘‘freedom’’ are two totally different am very excited about, is the right to like to be in the examining room with things. buy a medical savings account. Here is their doctor, but with an HMO they Under the Democrat bill, you are not how it would work. find themselves with this gatekeeper free to fire the HMO your boss picks for A medical savings account is a device virtually looking over the doctor’s you, but you are free to have the Gov- that really is aimed at helping people shoulder. They would like to be in the ernment regulate it. who want health care coverage but who examining room alone with the doctor. Under the Kennedy plan, you are not often do not have a lot of money. The We agree. We think they should have free to fire your doctor, but you can way it would work is, in addition to the right to make that choice. sue him. joining the health plan your company But how does Senator KENNEDY fix Under the Kennedy plan, you are not might try to impose on you, you have the problem? How Senator KENNEDY free to control your health care cost, the right to take your money and buy fixes the problem—and you will be able but you can share that control with a a high-deductible insurance policy and to tell why it is so expensive when you lawyer and with the Government. then join with your company in setting look at it—the way Senator KENNEDY What we do is give people freedom. It aside money to pay the deductibles in fixes the problem is demonstrated by is an interesting paradox that the Ken- what we call the medical savings ac- this stethoscope. What people want is nedy bill debases the very term count. Those medical savings accounts the doctor in the examining room with ‘‘choice.’’ It debases the very term of are fully tax free, just like conven- the stethoscope up against their heart, ‘‘rights’’ because it contains no rights; tional health insurance. Here is basi- but right now they have an HMO lis- that is, no rights that are really mean- cally how it would work. tening in, double-checking their doc- ingful to somebody who has a child You might buy a health insurance tor. They would like to get this HMO who is sick or whose mama is ill. policy with a $3,000 deductible. Nor- gatekeeper out of the examining room. We give people real rights. We give mally, that policy would cost less than So what does Senator KENNEDY do? He people the right to fire their HMO by half as much as a first-dollar-coverage says: We can fix your problem. It will guaranteeing them an alternative, policy. Then you and your employer cost 1.8 million of you your health in- which I will talk about in a minute. would begin to build up a savings ac- surance; those who keep the health in- We give people the right to fire their count up to $3,000, which would belong surance, it will cost $72.7 billion more. doctor. to you, to cover the deductible. But look at what you get. We give people the right to take their Then how it works is you make the What you get under Senator KEN- health care money and spend it as they decision, when your child needs to see NEDY’s plan is this. He doesn’t get rid choose on their own family. a doctor, which doctor your child needs of the HMO, that guy is still there lis- We give people the right to pick the to see. You are empowered to make the tening in, but he brings a government protections they believe are important decision. July 12, 1999 CONGRESSIONAL RECORD — SENATE S8215 It is true that under the Kennedy We found that out of the 28 doctors, They are going to say: Oh, the medical plan, if your baby has a 104-degree 10 accepted the Kaiser HMO, 17 accept- savings accounts, rich people will get fever, you could get out the phonebook ed the Blue Cross PPO. But let me tell medical savings accounts and poor peo- and you could look under the blue you the amazing revelation we made. ple will not have them; it will just be pages for the U.S. Government and you With a medical savings account, which terrible. could find the Health Care Financing any American could set up, under the The facts are that even though we Administration, or HCFA as they are Republican plan, you would get a have a limited number of medical sav- called, and at 2 o’clock in the morning checking account. This is from Golden ings accounts that can be sold, even you could call up HCFA. You would, in Rule Insurance Company in Indiana. though in the year 2000 they lose this all probability, get an answering ma- This is a medical savings account option and have to go back into the old chine if you were lucky. Maybe you checking account. Then this is for a system unless we change the law, the would not. I do not think you are going medical savings account that is oper- people who are buying medical savings to find the Director of HCFA at work ated by Mellon Bank, and this is a accounts are primarily modest-income at 2 o’clock in the morning. You can MasterCard. Then this is an American people. But we are going to repeal call up and leave a message, and then Health Value medical savings account, those limitations and we are going to they, under the Kennedy plan, will set and this is operated through Visa. do it this week. Uninsured people are up a meeting. Maybe next Tuesday at Under the Republican plan, you buying medical savings accounts be- 4:52 in the afternoon they might meet would have the right to opt for a med- cause it allows them to buy an afford- with you or talk to you on the phone. ical savings account where you would able high-deductible policy that covers You also could call up a lawyer. You make the decision about health care them against terrible things happening could look under ‘‘attorney’’ in the for your family. We empower you—not and then lets them build up savings ac- phone page and you can pick—one some lawyer, not some bureaucrat—but counts with their employer to pay the thing about Senator KENNEDY’s health we empower you as a parent. deductible. care rights bill is it gives you no free- So then we called up everybody on So those who are going to criticize dom with regard to doctors, but it page 1017 of the Yellow Pages and we medical savings accounts are going to gives you complete freedom with re- asked them three questions: say it is for rich people, but they really gard to attorneys. Do you take a check? do not like it because it is freedom. Senator KENNEDY’s bill is unlike the Yes. Every one of them took a check. What they want is this. They want the bill he put together in 1993 with Presi- Do you take Visa? old Clinton health care bill. They know dent Clinton. Remember, their health Every one of them took Visa. that if we ever give people the right to care bill in 1993 did not let you sue. Do you take MasterCard? choose, they will never nationalize They have had a change in heart, it Every one of them, all 28 of them, health care. So medical savings ac- seems, so now he says you can pick up took MasterCard. counts are, to our dear colleague from the Yellow Pages and you can look So the real freedom in the Repub- Massachusetts, like a crucifix is to a under ‘‘attorney’’ and you can pick any lican bill is the right for you to vampire. They cower, they are struck attorney. You have your car wrecks. choose—not to choose a lawyer to sue with fear at the idea that some parent Maybe you want another attorney. somebody 18 months from now, not to would actually have the ability to fire This one deals with car wrecks. You call up a government bureaucrat and have injury. You have family law, an HMO and do it without having to fill out a form and register a protest. call a bureaucrat or without having to criminal law, jail release, traffic tick- What kind of freedom is that? The free- ets, bankruptcy, will and trust, per- hire a lawyer. dom we give is the freedom to act, the Why do they fear freedom? Because sonal injury, board-certified personal freedom to hire, the freedom to fire, they are not for it. They want the Gov- attorney. Anyway, you find the one the freedom to say yes, the freedom to who suits you. You hire that attorney, ernment to take over and run the say no. That is what freedom is about. health care system—always have, al- and you go to court. Eighteen months Our Democrat colleagues believe from now, you might be able to collect ways will. freedom is about being able to talk to The basic question is, Who should some money from some doctor or from a bureaucrat. They think freedom is manage care? Should it be an insurance some HMO. about the right to sue. Our bill does not work that way. company? Should it be the Govern- Under the Republican plan, freedom Under our bill, if your baby has a tem- ment? Or should it be you? We believe is the right to say to your HMO: You’re perature, you pick up the Yellow it ought to be you. We believe that par- fired. I don’t like the way I’m being Pages. I have the Yellow Pages from ents ought to be empowered to control Arlington and Mansfield, TX. This Yel- treated here. I’m leaving your HMO. health care. We believe that parents low Pages lists all the physicians who I’m opting for another option. The ex- can make better decisions. practice medicine in that area. ample I gave is a medical savings ac- That is what this debate is about. Under our plan, you pick up the count. This debate is about whether freedom phone and you call up the physician Freedom, under the Republican plan, means getting access to a bureaucrat you might pick. Let’s say I pick Louis is the freedom to pick up the or firing your HMO, whether freedom W. Adams, pediatric ophthalmologist, phonebook and let your fingers do the in health care means hiring a lawyer or and I call him up. Under the Kennedy walking. You pick the doctor: I want being able to hire your own doctor. bill, I would have to ask him some John V. Golding, Jr. I don’t want any- That is what the debate is about. questions. I would have to say: Are you body else. He is the doctor I want. I got A final point I would like to make— a preferred provider? In fact, we did an his telephone number. I called him up and I think it is a significant point; experiment on that in Washington, DC. and said: My mama is sick, Dr. some people would say it is a reach, Let me show it to you. Golding, and I would like her to come but I do not think so—why, all of a sud- In Washington, DC, we took a page see you. Do you take a check or den, are our same colleagues who in out of the phonebook. It was page 1017. MasterCard or Visa? He says: Yes. I am 1993 wanted the Government to take These are the physicians who were list- in. over and run the health care system ed. The first one is Ginsberg, Susan M., As this debate goes on, you are going and make everybody be in one big Gov- M.D., and the last one is Robert O. Gor- to hear Senator KENNEDY, and others, ernment-run HMO—why, all of a sud- don. say: The world will come to an end if den, do they want to drive up costs in Let’s say you are in an HMO or you you have medical savings accounts. the name of expanding bureaucracy are in a PPO, and you call up—let’s say They are going to use the interesting and lawsuits? you pick Philip W. Gold. You call him charge they use any time they are Part of it is, they like bureaucracy up and say: Dr. Gold, I need health against something, and that is it is for and they like lawsuits. But that is not, care. I have a child who has a 103-de- rich people. If Democrats are not for in my opinion, the real story. The real gree temperature. Are you in the Kai- something, they claim it is for rich story is, if, God forbid—and He is going ser HMO, or are you part of the Blue people. Tax cuts are for rich people. to forbid, because we clearly have the Cross PPO? Choice, freedom, is for rich people. votes to stop him but if, God forbid, S8216 CONGRESSIONAL RECORD — SENATE July 12, 1999 the Kennedy plan should be adopted, right? About one-tenth as many as That is what this is about—the right and health insurance went up by 6.1 they create. to choose. Don’t get confused about it, percent and 1.8 million people lost We give you freedom. The Democrats as we go through the debate. their health insurance, does anybody give you bureaucracy. We help lower I thank the Chair for its indulgence. doubt that next year Senator KENNEDY the cost of health care by expanding I yield the floor and reserve the re- would be back with the Clinton health choices and expanding tax deduct- mainder of our time. care bill saying: Now 1.8 million people ibility. They drive up the cost of health Mr. KENNEDY addressed the Chair. have lost their health insurance, and care by 6.1 percent. Their bill would The PRESIDING OFFICER. The Sen- we have no choice except to let the deny health insurance to 1.8 million ator from Massachusetts. Government take over the health care Americans. Their bill would drive up Mr. KENNEDY. Mr. President, I am system? I think that is what he would health care costs by $72.7 billion. Sen- very hopeful we will be able to get into say. In fact, I think that is basically ator KENNEDY likes to claim, well, it is the substance of the differences be- what we are debating here: Destroy the just a hamburger a day for however tween the approaches taken in the two private health care system so the only long. Well, with $72.7 billion, you could bills. We heard a great deal of rhetoric, alternative would be Government. buy every McDonald’s franchise in of course, earlier in the afternoon. We Our answer is: Let’s make the cur- America for the 5-year cost that this have had a brief presentation by the rent health care system better; let’s will drive up health insurance. Democratic leader, Senator DASCHLE. At the outset, one point worth high- have a meaningful, timely internal and Senator KENNEDY doesn’t understand lighting, as we begin this debate, is external appeal if you want to stay in that if the company you are working that there isn’t a single health or med- an HMO; let’s empower people to fire for is paying your health insurance and ical organization in the United States HMOs and go to the private practice of the cost is driven up, you are still pay- that supports the position being ad- medicine again if they choose; let’s ex- ing it. It is part of your wages. What is vanced by that side of the aisle—not pand freedom as a solution to making going to happen, according to esti- one. our current system work better to mates that were undertaken by the This really isn’t or shouldn’t be a make it more efficient and to empower AFL-CIO—in support of this bill, by Democratic or Republican debate. Re- families to make more choices. the way—is that 1.8 million people will publicans are members of HMOs as well The alternative the Democrats have lose their health insurance. We don’t as Democrats. Children are Repub- is: Destroy the current system and want that to happen, and we are going licans as well as Democrats. Women then let’s let Government take over to stop it from happening. and run the health care system. who need clinical trials are Repub- This is going to be a very meaningful Our answer is: Expand freedom and licans and Democrats. Those who have debate. I look forward to it. I think choice within the current system, em- been in the vanguard of protecting people will learn from it. I think in the power families to decide, and let’s for- women’s health issues have been Re- end they are going to have two dif- ever and ever keep Government out of publicans as well as Democrats. On ferent choices about what freedom is. health care. children’s issues, disabled issues, there That is really the choice. Our Demo- If freedom to you is access to a bu- have been Republicans as well as crat colleagues believe that somehow reaucrat and a lawyer, then you are Democrats. they are going to benefit by Americans with Senator KENNEDY. If freedom to I cannot remember a single piece of knowing they are unhappy about HMOs you is the right to choose your own legislation that has been considered on and they want to expand your access to health care, your own doctor, the right the floor of the Senate in the time that bureaucrats and lawyers. We do not to hire and the right to fire, the right I have been here where you have such think that solves the problem. We to say what you want and people either overwhelming support for one side and think what solves the problem is to do it or you get somebody else, if that virtually no support for the opposition make HMOs give you an effective in- is what freedom means in your home- side—in this case, the Republicans— ternal and external appeal; but we go town, if you would rather be able to not a single instance. I made that one step further, and that is, we em- pick up the Arlington-Mansfield statement during one of the brief times power people to fire the HMO and to phonebook when your baby is sick and we had a chance to talk about the Pa- hire their own doctor. look up ‘‘physician’’ rather than look tients’ Bill of Rights debate and discus- We believe in freedom. We believe up ‘‘attorney’’ or, rather than look in sion. It has never been rebutted. freedom works. It built America in the Blue Pages for HCFA, if that is We heard earlier, in the course of the every other era. Can you imagine if we what you would like to have, you are afternoon, about how the Republican had a Clinton-Kennedy car insurance with us. On the other hand, if you proposal is really going to provide for bill or car repair bill so that if you are think your answer is at HCFA in the necessary specialty care. Why is it unhappy with your assigned repairman Blue Pages or with an attorney, then then that every specialty organization to fix your car, and if you are unhappy you want to be with Senator KENNEDY. in the country supports our bill? We with what he does, you contact a bu- It is about as clear a choice as you heard over on the other side: Look, we reaucrat and then, if you are unhappy could possibly have. are really giving the consumers a great with what he does, you contact a law- When the debate is over this week, deal of protection in our bill. Why is it yer? I submit that the cost of repairing not only will we have won the vote, but that every consumer organization in our cars would be astronomical. I think, more importantly, we will the country supports our bill and op- We have a different system. It is one have won the debate. We will have poses theirs? Every one, make no mis- we would like in health care. That is, ended, hopefully forever, any dream of take about it. you pick where you go to get your car ever getting back to the Clinton health We are in a situation where, as so repaired, and if you do not like the care bill, where every American is many of us have seen, special interest work they are doing, you say to them, forced into a health care collective groups can pay for and buy just about in a traditional American fashion: You and, when your momma gets sick, she any statistic they want to buy, and are not doing a good job. You have not talks to a bureaucrat instead of a doc- they have done so. They have put out lived up to our trust. You have not tor. They tried that in 1993. Eighty-two misrepresentations and distortions done what you said you would do. And percent of the American people about our bill. These misrepresenta- you’re fired. thought this might be a good idea. Fi- tions and distortions about cost are all That is freedom. That is freedom. nally, when a few of us stood up and over the airwaves. We will have a That is what we want. We want the fought it, it was like sticking a great chance later in the course of this de- right of people to choose. We don’t big inflated balloon with a pin. Sud- bate to address the issue of costs. We want this substitute for the right to denly, once people understood it, they will have a chance to make a presen- choose, the right to pile up costs in were against it. They understood that tation about what independent studies lawsuits or the right to deal with bu- what was at stake wasn’t just health have concluded about the cost of our reaucrats. What kind of right is that? care, but what was at stake was free- particular proposal. Despite the fact How many wrongs do bureaucrats dom. that we will introduce and present July 12, 1999 CONGRESSIONAL RECORD — SENATE S8217 these independent studies, do you surance companies to defeat our pro- every family. Yes, Medicare is enor- think that will than alter and change posal. mously important. Yes, the issue of people’s minds? Absolutely not. You How much is that going to add? Why medical records privacy is important. are going to hear distortions and mis- don’t you address that, I say to our Yes, home health care for our elderly is representations. You have already friends on the other side. Over $100 mil- enormously important. There are other heard them over the course of this lion. You know, generally around important issues concerning basic med- afternoon. here—and the American people under- ical research. I was sitting here when our good stand it—you can look at who is for a But the issue of health care quality friend from the State of Maine was piece of legislation and who is against is most important. The issue of wheth- speaking about the importance of the it in terms of who will benefit and who er your child, your wife, your loved types of protections included in their will lose out. It is not a bad way of one, your family member, receives the Patients’ Bill of Rights. The inter- looking at it. Sometimes issues are so kind of health care that well-trained, esting fact is, their proposal doesn’t complex that the balance is not com- committed medical professionals, doc- cover any members of HMOs. Isn’t that pletely clear. But on this issue, all the tors and nurses, who are trained and amazing? Listen to this: It doesn’t health care groups that favor adequate dedicated to try to provide the best in cover any of the patients of HMOs. protections are in favor of our Pa- health care, want to provide, is most That is what brought about all of this tients’ Bill of Rights. On the other side important. concern. We can ask ourselves: Is there is the insurance industry—one indus- This legislation belongs to the nurses a concern today? The answer is yes, try, the insurance industry. That is it. of this country, the doctors of this Na- and not just because we say so. Can we have some explanation by the tion, the cancer researchers, the chil- I heard talk about the importance of other side, as we start this debate, dren’s advocates, and to the disabled the State insurance commissioners. I about how they justify that? That is organizations. Every one of those orga- ask our colleagues on the other side of the bottom line. It is one industry. The nizations supports our bill. Over the the aisle to call their State commis- Republican program is the profit pro- course of this week we will have an op- sioners and hear about the complaints tection program for the insurance in- portunity to address each and every that we are hearing. Call them this dustry. It is a bill of goods. It is a bill one of these items. Hopefully, the afternoon; call them tomorrow. Call of wrongs. The Democratic proposal is American people will speak through them before we finish this debate and the Patients’ Bill of Rights. their representatives and the result find out: There are two and three and So as we start off on this issue, it is will be sound patients’ protection legis- four times more complaints today than our hope, as we have mentioned before, lation. there were a year ago or 2 years ago. to review for this body and the Amer- Mr. WELLSTONE addressed the Those are the facts. You would not ican people exactly what we intend to Chair. The PRESIDING OFFICER. The Sen- know these facts from the earlier de- do. We have commonsense protections which have been developed over the ator from Minnesota. bate. Mr. WELLSTONE. Mr. President, I last decade. What we want to ensure is This is a very interesting chart. We will be very brief because we are anx- that any bill passed will at least pro- know there are 160 million Americans ious to get on with this debate. I want who are covered by private health in- vide these commonsense protections. to add to the words of Senator KEN- surance. On this particular chart, the Perhaps legislation isn’t going to be so NEDY. ‘‘Republican Plan Excludes More Than all-inclusive as to include every com- This debate is a very personal debate 100 Million People,’’ there are 48 mil- monsense protection. I hope it will. for many of us, for both Democrats and lion people covered through self-funded These are commonsense protections. Republicans. It is really heartbreaking employer plans. That is the total group You can ask where they all come from? to sit down with a family and talk to a that is covered by the Republican plan. Where did these patient protections father whose son was denied experi- There are 75 million people whose that are included in the DASCHLE pro- mental treatment for cancer and won- employers provide coverage through in- posal come from? That is a fair ques- ders whether or not his son might have surance policies or an HMO—that is tion. We say they come from at least lived if he had been able to obtain that what I thought this debate was really one of four different evolutions. You treatment. It is really disheartening to all about. They are not protected in have the insurance commissioner’s rec- meet with a railroad worker whose wife the Republican plan. We listened this ommendations; Insurance commis- talks to you about her husband and afternoon to assertions about all the sioners, representing Republicans and how he is fighting cancer but how protections included in the Republican Democrats, making recommendations. every day she is on the phone battling plan. But these 75 million people are The President’s bipartisan commission these insurance companies to find out not protected under the Republican made what they call, not majority rec- whether or not they will provide cov- plan. They are not phased in next year ommendations but unanimous rec- erage for the treatment. or in 2 years. They are out; the Repub- ommendations. Do we understand that? That is what this debate is really all lican bill doesn’t apply to them. Unanimously, Republicans and Demo- about. I think that, by the end of the State and local government workers, crats have said: Here are five or six week, it is going to be really clear they are left out of the Republican bill. protections we recommend, and we what the differences are between the People buying individual policies, some have included those recommendations. two proposals. This Republican bill 15 million, are left out. Who are they, The only difference is that the bipar- that is on the floor—the Daschle Mr. President? They are the small tisan commission recommended that amendment—altogether covers 48 mil- shopkeepers. the protections be voluntary. Well, if lion people. But for those citizens who They are the farmers and the mom- every one of the companies complied aren’t working for a Fortune 500 com- and-pop stores that have to go out and with that recommendation, we would pany, who are small businesspeople, buy these health plans. They are the probably not be here today. They have family farmers, and others, there is no one of the most vulnerable groups in not complied, and they will not com- patient protection. That is a huge dif- our society. ply. We also include protections in- ference. There is a huge difference be- Do you know what was missing in the cluded in Medicare and Medicaid, and tween the 2 proposals of 115 million other side’s presentation? The fact that protections recommendations by the Americans. The Republican plan the top 10 HMOs in this country, last health plans themselves. Those four doesn’t cover the 115 million Ameri- year, made $1.5 billion. Isn’t that inter- groups have made the recommenda- cans that the Democratic plan does. esting? We see crocodile tears coming tions that are included in our proposal. Quite often, I don’t talk in terms of from the other side of the aisle about That is why our bill has the unanimous Democrat or Republican, but here it the cost of protecting patients. Then support of the health professions. makes a difference. we find out the profits of the major I will not take further time this Second of all, people are so desperate HMOs and the multimillion dollar sala- afternoon. But I will point out, as we to make sure that if their child needs ries paid to their CEOs. We hear about start this debate, that no health care to see a pediatric oncologist, or a par- the $100 million being spent by the in- debate this year is more important to ent with Parkinson’s needs to see a S8218 CONGRESSIONAL RECORD — SENATE July 12, 1999 neurologist, they will have access to too many loopholes in this plan. You Isn’t that wonderful? Is that a ‘‘med- that specialty care. The Republican don’t provide protection for consumers. ical necessity’’? You bet it is. Of plan does not guarantee that that will The people in Minnesota are not going course, it is. But health insurance only be the case. The Democratic plan to be in favor of an insurance company works if patients get what they pay makes it crystal clear to these man- protection plan. They want it to be a for. aged care plans: Make sure you have Minnesota family protection plan. Dr. GANSKE sent something around those specialists available for people, That is what I am going to fight for the other day that I pulled out in prep- and make sure that if it is not in your all week. aration for this debate. I want to de- network, they will have access to who- I yield the floor. scribe this just briefly because I think ever can provide the best care for their The PRESIDING OFFICER. The Sen- it illustrates the difference between an child or their parent. ator from Massachusetts. empty vessel with the same title and a Mr. KENNEDY. Mr. President, I yield Third is the question of consumer patients’ protection bill that gives real 5 minutes to the Senator from North choice and continuity of care. protection to real people. Dakota on the substitute. This Republican bill on the floor of The PRESIDING OFFICER. The Sen- At 3:30 in the morning, Lamona Adams the Senate, does not guarantee the ator from North Dakota is recognized found her six-month infant boy, Jimmy, continuity of care and doesn’t give you for 5 minutes. panting, sweaty, and moaning. He had a tem- perature of 104. So she phoned her HMO to the right, really even if you have to Mr. DORGAN. Mr. President, we are pay a little bit more in premium, to go ask for permission to go to the emergency finally going to have a debate on the room. outside the network of the managed issue of the Patients’ Bill of Rights. It You have to do that, by the way—get care plan and take your child or your will not be a debate about theory. It parents to the best expert or make sure will not be a debate about past pro- permission to go. your family members see the best spe- posals for health care reform. It will be The voice at the other end of the 1–800 cialist. This is called the point-of-serv- a debate about real protections for real number told her to go to Scottish Rite Hos- pital. ‘‘Where is it?’’ asked Lamona. ‘‘I don’t ice option. people in this country. I will have an amendment that deals know—find a map,’’ came the reply. It turns We have two plans before us. out that the Adams family lived south of At- with that. One is a patients’ protection act that lanta, Georgia, and Scottish Rite was an Fourth, I heard my colleague from we have offered that has the support of hour away on the other side of the Atlanta Maine speak about the appeals process. virtually every health care organiza- metro area. But, in all due respect, if people are not tion in this country. Lamona held little Jimmy while his dad able to go to an independent, external The other is a piece of paper with a drove as fast as he could. Twenty miles into appeal from these managed care plans name—just a name, just an empty ves- the trip while driving through Atlanta, they dominated by these insurance compa- sel—that pretends that it provides pro- passed Emory University Hospital’s ER, then nies and make sure that those inde- tection but in fact it doesn’t. Georgia Baptist’s ER, then Grady Memo- Let me describe, if I might, some of rial’s ER. But they pushed on to Scottish pendent panels are not picked by the Rite Medical Center—still 22 miles away, be- companies, I don’t call that independ- the details of these plans. I want to be very brief, but I want to do it by talk- cause they knew that if they stopped at an ence. unauthorized hospital, their HMO would The Republican plan has the external ing about protections for people. deny treatment and they would be left with appeals process controlled and domi- This young boy’s name is Ethan. the bill. nated by the very companies that you Ethan was born in 1992 after a difficult They knew Jimmy was sick, but they have a grievance against. birth. During his delivery, oxygen was didn’t know how sick. After all, they weren’t The Democratic plan provides for an cut off from Ethan, so he was born with trained professionals. independent appeals process backed by significant problems that required spe- They pushed on to where the HMO an ombudsman program that can help cial therapy. But the HMO denied the said they could stop. families. special therapy for Ethan because they With miles yet to go, Jimmy’s eyes fell I will conclude because there are said the probability of him being able shut and wouldn’t open. other Senators who want to speak. to walk by age 5—a 50-percent poten- Lamona frantically called out to him. But I think that this debate is all about tial of being able to walk by age 5—was he didn’t awaken. His heart had stopped. representative democracy. insignificant. They called a 50-percent Imagine Jimmy’s dad driving as fast I think this debate goes far beyond chance of being able to walk insignifi- as he could to the ER while his mother the issues at hand, although I agree cant. is desperately trying to keep him alive. with my colleague from Massachusetts; So corporate profits take precedence They finally pulled into the emer- over patients’ protection, and Ethan I think this is the most important de- gency room entrance. Jimmy’s mother does not get the therapy he needs. bate of our session. leaped out of the car and raced into the Or let me show you another example. This debate is all about whether or ER with Jimmy in her arms calling, Dr. GANSKE, a Republican in the U.S. not the Senate belongs to the insur- ‘‘Help my baby! Help my baby!″ House, used this chart to show a young They gave him mouth-to-mouth re- ance companies of America or belongs child with a serious facial birth defect, suscitation while a pediatric ‘‘crash to the people of Minnesota or Nevada a cleft lip. No one looking into the face cart’’ was rushed to the room. Doctors or Massachusetts or North Dakota—the of that young child could say that cor- and nurses raced to see if the miracles people around the country. That is recting this birth defect should not be of modern medicine could save his life. what this debate is all about. done. He was intubated and intravenous I look forward to debating into these Yet Dr. GANSKE did a survey of recon- specific amendments. I hope that peo- structive surgeons and found that 50 medicines were given and he was ple in the country will be engaged. percent of the doctors who had patients cardiopulmonary resuscitated again. I say to all of my colleagues that I like this have had the corrective sur- He was a tough little guy. He survived believe people will hold us accountable. gery denied by HMOs. These HMOs said despite the delay in treatment by his This is an opportunity to do well for this procedure was not ‘‘medically nec- HMO. But he didn’t survive whole. people. This is an opportunity to pro- essary.’’ He ended up with gangrene in both vide families with some protection. Would any parent in the world be- his hands and feet, and the doctors had This is an opportunity to be willing to lieve that this is not ‘‘medically nec- to amputate both of Jimmy’s hands stand up against some powerful eco- essary’’? and feet. nomic interests—the insurance compa- Dr. GANSKE, a Republican Congress- This is a picture of little Jimmy be- nies of America that dominate so many man from the U.S. House, certainly fore his illness, and then afterward. His of these managed care plans—and be doesn’t believe that. He has been a folks drove past three hospital emer- advocates for the people we represent champion for this kind of patients’ pro- gency rooms because the HMO said he back in our States. tection act. had to go to the fourth one miles and Republicans, no matter what you call Here is an example of what a young miles and miles away. And this young your plan—no matter what the acro- child with that deformity can look like boy has no hands and no feet now be- nym is—it is swiss cheese. You have after reconstructive surgery. cause of that. July 12, 1999 CONGRESSIONAL RECORD — SENATE S8219 We have two plans on the floor. Last Friday, the President, while in jecting fear and paranoia into all per- One of the plans, our bill, says that Los Angeles, suggested that by debat- sons covered or not covered by private families have a right to the emergency ing his bill the Republicans are trying health insurance. care they need at the nearest hospital. to hide their plan from the voters. This I am in Wyoming almost every week- The other plan says they offer such a comment begs the question: Why end. I am quick to ask my constitu- right—until you read the fine print. wouldn’t the Democrats want to debate ency interested in the President’s bill The other side will tell you they have their own bill? Aren’t they getting ex- to look at the fine print. It is no sur- a good plan, but they have an empty actly what they asked for? prise to me that most of them already vessel. They asked for it by holding up the have. The American people aren’t eas- On the issue of emergency care, little agriculture bill. They asked for it by ily fooled. They haven’t forgotten the Jimmy, his parents, and others across holding up appropriations. Now they last time the President and Mrs. Clin- this country will understand that it have what they asked for. Perhaps they ton tried to slip nationalized health doesn’t improve care when HMOs are would rather have an issue to talk care past their noses. Anyone can put allowed to determine which emergency about—not legislation. lipstick on a pig, give it a Hollywood- rooms they will allow patients to stop Our presence today and throughout style debate, and hope for a political at to get emergency treatment for this week clearly illustrates we are not slam dunk. Expecting the public to these children. hiding anything from the voters. Who close its eye and kiss this pig, however, My point is this: We are going to de- is hiding? My mom can watch this on is an entirely different matter. bate theory all week. But it is not the- her television in Sheridan, WY—and I remember the reaction Wyoming ory that is important. What is impor- she probably is. residents had to the 1993 ‘‘Clinton tant is children like Jimmy, children We have every intention of offering Care’’ plan. I was a State senator at like Ethan, or children like this little our bill during this debate. Be assured, the time. I recall how the President boy who has a severe birth defect of the the Senate will vote on our bill. We are and Mrs. Clinton rode a bus across face and was told by an HMO that this not interested in hiding. We are inter- America, promoting their plan to fed- deformity need not be fixed. ested in showing that we have a better eralize our Nation’s health care sys- We know that is not right. bill. If anyone should be nervous, it is tem. The people of Wyoming also re- This debate is about profits, patient the President. If I had to defend his member the detour they took when care, insurance companies, and the bill, I would be pretty nervous too. they got to the Wyoming border. In- rights of patients who are sick. I am glad we are debating his legisla- stead of entering our home State, they I think at the end of the day and at tion. Perhaps all the rhetoric we have chose a more populated route through the end of this week all of us will see heard during the last few weeks, and Colorado. That was an unfortunate that there are two plans. One is sup- even today, will be replaced with some choice. They missed their chance to re- ported by virtually every medical and substance. Sound policy conquers rhet- ceive an education on what rural consumer group in the country because oric. We are confident of this as the de- health care is about. Had they driven they know it allows real protections to bate unfolds. The bill left standing will all 400 miles across southern Wyoming, allow doctors to practice medicine— be our Patients’ Bill of Rights Plus. they would have seen for themselves not an insurance accountant thousands I commend our leadership for the why federalized national bureaucracy, of miles away making decisions about work they have done to put together one-size-fits-all legislation doesn’t patients’ health care. our Patients’ Bill of Rights. On Janu- work in rural, underserved States. The PRESIDING OFFICER (Ms. COL- ary 13, 1998, the majority leader cre- Wyoming has 480,000 people scattered LINS). The Senator from Oklahoma is ated the Republican health care task over 98,000 square miles. My hometown recognized. force, pouring the foundation for a of Gillette has 22,000 people—fourth Mr. NICKLES. Madam President, comprehensive piece of legislation to largest in the State. It is 145 miles to what is the time situation on the enhance quality of care without in- another town of equal or greater size, amendment? creasing the number of uninsured and it isn’t even in our State. Many of The PRESIDING OFFICER. On the Americans. During the last 18 months, the people in my State have to drive up amendment, there are 10 minutes re- the task force in the Senate Committee to 125 miles one way just to receive maining for the Senator from Okla- on Health, Education, Labor, and Pen- basic health care. More important is homa and 23 minutes for the Senator sions has worked together to make our the difficulty we face in enticing doc- from Massachusetts. bill live up to its title—a Patients’ Bill tors and health care professionals to Mr. NICKLES. What about the re- of Rights our Nation’s consumers and live and practice medicine in rural maining time on the bill? patients can be proud of. areas. I am very proud of Wyoming’s The PRESIDING OFFICER. On the Aside from the title, the scope of the health care professionals. They prac- underlying bill, there are 63 minutes President’s bill and our bill is quite dif- tice with their hearts, not with their for the Senator from Oklahoma and 80 ferent. I agree it is important we ex- wallets. minutes for the minority. plain the difference between the two In a rural, underserved State such as Mr. NICKLES. I yield to my col- measures. The amendments Senators Wyoming, only three managed care league from Wyoming 10 minutes on offer this week will clearly show those health plans are available, and that the amendment, and if he desires addi- differences. I am proud of our bill’s covers just six counties of our State. tional time on the bill, I will yield that scope. It respects State’s jurisdiction. Once again, this is partly due to my as well. The President’s would apply across the State’s small population. Managed care The PRESIDING OFFICER. The Sen- board—a nationalized bureaucracy, plans generally profit from high enroll- ator from Wyoming is recognized. budget busting, a one-size-fits-all na- ment, and, as a result, the majority of Mr. ENZI. Madam President, during tional approach. plans in Wyoming are traditional in- the last few months I have patiently I remember the last time this admin- demnity plans commonly known as fee- watched the minority come to the Sen- istration pushed a health care package for-service. In fact, the vast majority ate floor and threaten to hold up the of this size and scope. It was back in of regulated health insurance in Wyo- legislative process until they received 1993 when the President and Mrs. Clin- ming is handled by the State. a full debate and amendment process ton launched an aggressive campaign Some folks might wonder why I am on the President’s Patients’ Bill of to nationalize the delivery of health so concerned about the scope of the Rights. On May 25, leaders of the mi- care under the guise of ‘‘modest re- President’s bill if it doesn’t affect Wyo- nority put that request in writing by form.’’ The sales pitch back then ming that much. I am worried because sending a letter to the distinguished wasn’t any different from what it is a number of Wyoming insurers offer majority leader asking for a debate on now, backed with scores of anecdotes managed care plans elsewhere. Any their bill. That time has arrived. No illustrated from Presidential podiums premium hike spurred by a federalized tricks, no gimmicks. This debate will across the country. These stories will bureaucracy, national one-size-fits-all allow us to determine if the President’s pull on the heart strings of all Ameri- bill would be distributed across the bill is everything they say it is. cans and are intentionally aimed at in- board. We would get an increase when S8220 CONGRESSIONAL RECORD — SENATE July 12, 1999 we didn’t receive a benefit, thereby to. But since you can talk to the same fiddled with the facts. Folks are not in- causing increases in the fee-for-service person, you do not have to make as terested in suing their health plan. premiums in Wyoming. Simply put, my many calls. Here you have to spend They watch enough court-TV shows to constituents could easily end up paying half of your time explaining to the per- know how expensive that process is and for services they will never get. son the problem that didn’t get fol- how long it takes to get a decision Expecting my constituents to pay lowed-up on the last time you called. made. This is not L.A. Law—it is re- more dues to the President’s national The President and the Senate minority ality. Our Patients’ Bill of Rights health care system poses a potential want to crate that all up and ship those avoids all this by incorporating an ex- threat to exclude them from health in- decisions back here to Washington. pedited external appeals process that surance coverage altogether. That is By advocating federalized, national does not exceed 72 hours. Getting quick entirely unacceptable. Moreover, it one-size-fits-all health care, done decisions saves lives. We insist on a de- further hinders our ability to keep phy- through a bureaucracy, the President’s cision before the patient dies! sicians in Wyoming. If the President’s bill would increase the number of unin- The President apparently has no bill passes, it will actually drive down sured. Perhaps that’s something he problem expanding the scope of federal the number of health care professionals wants. We know that the President and jurisdiction, but he is silent when it we have in our State. Mrs. Clinton prefer a national, Federal comes to increasing access for the un- Our Patients’ Bill of Rights is not a health care system in lieu of private insured. Our Patients’ Bill of Rights federalized, national health care sys- health insurance. Their 1993 plan is evi- delivers on access. It would increase tem. It stays within the traditional, dence of that. By increasing the num- access to coverage by removing the regulatory boundaries established and ber of uninsured, maybe he hopes that 750,000 cap on medical savings accounts already built in by the Employee Re- these folks will join him in his cam- (MSA’s). MSA’s are a success and tirement Income Security Act, ERISA, paign for a Washington-based health should be made available to anyone of 1974. ERISA applies to self-insured care system. I sure hope that is not the who wishes to control his or her own plans, meaning employers who fund case, but as long as the President con- health care costs. Moreover, persons their own insurance plans for their own tinues to dodge that issue, I am forced who pay for their own health insurance employees—all 48 million. These plans to assume that this is his position. would be able to deduct 100 percent of lie outside the regulatory jurisdiction By keeping the scope of this bill in the cost if our bill becomes law—equal- of the States. Since it is the responsi- perspective, we also control that cost izing the taxes, making coverage more bility of the federal government to reg- which directly impacts access. Afford- affordable. This would have a dramatic ulate ERISA plans, our bill stays with- able access to health care is an even impact on folks in Wyoming. These in that scope. higher priority than quality. If it is not The President and the Senate minor- provisions would, without a doubt, affordable, quality does not exist. By pave the way for quality health care to ity, however, argue that our bill should issuing federalized, national one-size- apply to all plans and all persons—in- millions of Americans without disman- fits-all mandates and setting the stage cluding those already regulated by the tling access and affordability due to for endless litigation, the President’s states. Our bill’s goal is to improve federally captured state jurisdiction. bill could dramatically raise the price health care quality through better in- While the President’s bill has been of premiums—barring people from pur- formation and improved procedures as pitched as being essential to enhancing chasing insurance. That is the bottom well as rights for consumers and pa- the quality of care Americans receive, line for American families—the cost. tients, without significantly increasing I hope that my colleagues will care- We all want as much consumer and pa- the cost of health coverage and the fully evaluate the impact that any fed- tient protection as the system can sup- number of uninsured Americans. By eralized, national one-size-fits-all ap- port. There is not a member in the Sen- legislating within the federal jurisdic- proach would have on our nation’s tion of ERISA only—and not usurping ate who does not support consumer and health care system. As I have encour- state jurisdiction—we accomplish our patient protection. But if Americans aged my constituents to read the fine goal. are expected to pay for the premium print, I also ask them to listen care- Unfortunately, that hasn’t silenced hikes spurred by the President’s bill, fully to this week’s debate. I hope the claims made by the President and they’ll most often go without insur- they’ll see for themselves how the the Senate minority. These claims are ance. That is why we must keep the President’s legislation effects their no different than those made by the scope of this bill in perspective. home state. Rural states deserve a President and Mrs. Clinton back in The President has repeatedly accused voice, too. Only our Patients’ Bill of 1993. He wants nationalized the Senate majority of being in the Rights would provide them that po- healthcare—plain and simple. Ameri- pocket of the insurance industry. I dium from which they can be heard. cans have been down this road before. take great offense to that charge. That Madam President, I yield the floor The states, however, have been in the same blanket claim was also made dur- and reserve the remainder of our time. business of regulating the health insur- ing the tobacco debate last summer, The PRESIDING OFFICER. The Sen- ance industry far longer than Congress even though I never took a dime from ator from Massachusetts. or any President. The President wants the tobacco industry. Just last Friday, Mr. KENNEDY. I yield 5 minutes to all regulatory decisions about a per- the President said that we are being the Senator from New Mexico. son’s health insurance plan to be made captive to the ‘‘raw political interest of The PRESIDING OFFICER. The Sen- from Washington. The reason this health insurers’’ and said that our par- ator from New Mexico is recognized. won’t work is that it fails to take into ty’s leaders had resorted to delaying PRIVILEGE OF THE FLOOR account the unique type of health care debate on his plan for cynical political Mr. BINGAMAN. Madam President, I provided in states like Wyoming. reasons. How does the President re- ask unanimous consent that Robert While serving in the Wyoming Legis- spond to claims that his plan was writ- Mendoza, a fellow on my staff, and lature for 10 years, I gained tremen- ten on behalf of special interests like Matt Maddox on my staff be granted dous respect for our state insurance organized labor and trial lawyers? I’d the privilege of the floor during the commissioner’s ability to administer sure like to get his thoughts on that. pendency of this bill, and also that quality guidelines and insurance regu- The President’s bill would allow a pa- same privilege be granted to Ellen lations that cater to our state’s con- tient to sue their own health plan and Gadbois and Arlan Fuller, fellows from sumers and patients. State regulation tie up state courts with litigation for Senator KENNEDY’s office. and respect for their jurisdiction is ab- months or years. The only people that The PRESIDING OFFICER. Without solutely, unequivocally essential. I benefit from this would be trial law- objection, it is so ordered. firmly believe that decisions which im- yers. The patient, however, would be Mr. BINGAMAN. Madam President, I pact my constituents’ state regulated lucky to get a decision about their plan rise to discuss managed care reform, an health insurance should continue to be before their ailment advanced or even extremely important issue which we made in Cheyenne—not Washington. took their life. A big settlement does are finally getting to a debate this You can call Cheyenne and talk to not do you much good if you win be- week. We have an opportunity this the same person each day, if you need cause you died while the trial lawyers week to substantially improve the July 12, 1999 CONGRESSIONAL RECORD — SENATE S8221 quality of life for 161 million Ameri- ing the public a greater guarantee that the Mr. DASCHLE. Madam President, I cans, including 900,000 New Mexicans, process will be fair. Republicans resist the ask unanimous consent that the read- many of whom have contacted me increased regulation this would entail. In the ing of the amendment be dispensed past they have tried to deflect the bill; now through letters and phone calls and they offer weak legislation that is mainly a with. faxes, telling about their desire for shell. The PRESIDING OFFICER. Without objection, it is so ordered. some reform of the managed care sys- My colleague from North Dakota said (The text of the amendment is print- tem. the Republican proposal is an empty Our goal this week seems to me very ed in today’s RECORD under ‘‘Amend- vessel. The Washington Post says it is ments Submitted.’’) clear. The American people—and I be- ‘‘mainly a shell.’’ lieve every family who spends their It goes on to say: Mr. DASCHLE. Madam President, I yield the floor. hard-earned dollars on health insur- The stronger Democratic bill is itself fair- ance—need to receive nothing less than ly modest. Much of it is ordinary consumer The PRESIDING OFFICER. Who the finest of medical care available. We protection. Patients would have to be fully yields time? Does the Democratic lead- are trying to ensure that through this informed about the costs and limits of cov- er yield time? legislation. That is the task we have erage, including any arrangements a plan Mr. DASCHLE. Madam President, I set, to guarantee the people of this might have with physicians or other pro- yield the remainder of the time to the country critical patient protections. viders that might give them an economic in- distinguished Senator from Massachu- It is clear the reasons are valid, why centive to cut costs. No gag orders could be setts for him to manage. imposed on physicians to keep them from The PRESIDING OFFICER. The Sen- we should do this. First, survey after disclosing the range of possible treatment, survey reports the American people are without regard to cost. A plan would be re- ator from Massachusetts is recognized. demanding the passage of patient pro- quired to have enough doctors to meet the Mr. KENNEDY. Madam President, tections such as those contained in the likely needs of the enrollees. Patients could there are several of my colleagues on Democratic bill that I supported, which not be unfairly denied access to emergency the floor. As I understand, we have 50 Senator KENNEDY offered in the com- care or specialists. . . . minutes; is that correct? mittee. In my State, there are 350,000 It goes on: The PRESIDING OFFICER. The Sen- New Mexicans who will not have crit- The Republican bill professes to provide ator is correct. ical patient protections if the bill we many of the same protections, but the fine Mr. KENNEDY. I yield myself 7 min- pass at the end of this week leaves print often belies the claim. utes. medical decisions up to non-medical in- Madam President, the debate is going PRIVILEGE OF THE FLOOR surance personnel. There are 200 pa- to be very constructive this week. The Madam President, I ask unanimous tient groups and health care provider distinctions between the Democratic consent that David Doleski from Sen- organizations, physicians, workers’ bill, which contains real protections, ator WELLSTONE’s office and Steven unions, and employee groups, that and the Republican bill, which the Snortland from Senator DORGAN’s of- stand behind the need for these patient Washington Post refers to as ‘‘mainly a fice be granted the privilege of the protections. There are 30 million Amer- shell,’’ will be made clear to the Amer- floor. icans who have had trouble seeing a ican people. I hope very much we will The PRESIDING OFFICER. Without specialist, women and children with step up to the challenge and pass some- objection, it is so ordered. special needs who either had critical thing that contains some substantive Mr. KENNEDY. Madam President, as care delayed or, worse, had that care protections for the people of my State. we start this debate, there are a series denied. I heard my colleague from Wy- We will have other opportunities to de- of issues before us. One of the most im- oming just now say providing this ac- bate specific amendments in the fu- portant and most significant is who is cess to specialized care will dramati- ture. covered under the two different ap- cally increase premiums. I see the Democratic leader is ready proaches before the Senate. One ap- The statistics are clear. The Congres- to speak. I yield the floor, and I appre- proach has been advanced by Senator sional Budget Office did an analysis ciate the chance to speak. DASCHLE, of which many of us are co- and determined that the increase in The PRESIDING OFFICER. Who sponsors, and the other approach on premium costs would be, at the most, yields time? The minority leader is the other side has been reported out of 4.8 percent over a 10-year period. Pro- recognized. the Health, Education, Labor, and Pen- viding this specialized care or access to Mr. DASCHLE. Madam President, I sions Committee. Senator FRIST and specialists would be a one-tenth-of-1- commend the distinguished Senator the Republican leadership are cospon- percent increase in cost, less than $2 from New Mexico for his excellent sors. per patient per month for the entire statement and for his leadership on In our proposal, we provide that vir- array of patient protections about this issue. He has been very much a tually every individual who has health which we are talking. This is a very part of the effort from the very begin- insurance will have the protections in- modest amount which Americans are ning and has lent the caucus and the cluded in our bill. Under the Repub- willing to pay. Senate an extraordinary amount of his lican proposal, we are finding out that Americans who live in rural areas, expertise on this issue, and we are the total numbers covered are only such as my State and the Senator from deeply grateful to him. those in what they call ERISA plans. Wyoming was talking about his State, AMENDMENT NO. 1233 TO AMENDMENT NO. 1232 There are 163 million total individuals have to travel an hour or more to get (Purpose: To ensure that the protections pro- who have health insurance covered to a doctor when there is an appro- vided for in the Patient’s Bill of Rights under our bill. The other side covers apply to all patients with private health only 48 million, and excludes 113 mil- priate health care provider just down insurance) the road. We are trying to ensure those lion. They are only covering a third of other appropriate health care providers Mr. DASCHLE. Madam President, we all Americans. also be made available to those pa- yield back the remainder of the time We can ask ourselves: If their pro- tients. on the substitute, and I send an amend- posal is so solid and makes so much Even if you put aside all of these par- ment to the desk on behalf of the dis- sense, why don’t they cover all Ameri- ticular reasons for passing the bill, tinguished Senator from Massachu- cans? We heard the principal advocates clearly the main reason we should pass setts, Mr. KENNEDY. for the Republicans go on about what it is that it is the fair thing to do. The PRESIDING OFFICER. The good things their particular proposal is There was a very good editorial in clerk will report the amendment. going to do. Then why not cover all the this morning’s Washington Post which The legislative clerk read as follows: people in the country instead of only a I believe all Members should read. Let The Senator from South Dakota [Mr. third? DASCHLE], for Mr. KENNEDY, for himself, Mr. me refer to it for a moment. It talks They will find out that under their REID, Mr. DURBIN, Mr. WELLSTONE, Mr. about the managed care debate coming WYDEN, Mr. REED, Mrs. MURRAY, Mr. proposed legislation, they do not cover up in the Senate this week. It says: DASCHLE, and Mr. CHAFEE, proposes an anyone who receives their health care The objective is, or ought to be, to legiti- amendment numbered 1233 to amendment through health maintenance organiza- mize the containment of these costs by giv- No. 1232. tions. Isn’t it extraordinary that this S8222 CONGRESSIONAL RECORD — SENATE July 12, 1999 whole development, the need for pa- legislation does not provide adequate We are talking about passing a real tient protections, is a result of insur- protections that have the support of patient protection act, a bill that cov- ance companies making medical deci- the emergency room physicians. ers 161 million Americans, not 25 per- sions in the interest of the company We heard this afternoon how the Re- cent of 161 million Americans who re- profitability rather than the health in- publican bill provides protections for ceive health care through some form of terests of the patient? That is the basic emergency room care and specialty managed care. reason this whole issue has developed. care. The fact is that none of those pro- Our bill is not a bill that omits 113 Their solution is to advance a pro- fessional groups that are dealing with million Americans. Our bill ensures ac- gram that does not even cover all children every single day and none of cess to the closest emergency room Americans. I am still waiting to hear the specialists that are dealing with without prior authorization and with- why. If their program is so wonderful, the most complicated cases are sup- out higher costs. as has been stated in the Senate, I still porting their plan. All are supporting There have been lots of stories told wonder why they are not covering ev- our plan. about people wanting to go to an emer- eryone. Can they explain how they jus- It is for this reason I would have gency room but having to check first. I tify to people, living side by side, that thought we would be able to bring Re- participated in an event this afternoon one will be covered and the other one publicans and Democrats together. where an emergency room physician will not be covered under the Repub- Let’s decide whether we really want to talked about what is happening with lican plan? They certainly are not cov- deal with the issue. Let’s start off this managed care and how an emergency ering the 15 million people who are debate on the first day, on Monday, room physician never has the oppor- buying individual policies. These are and say: OK, let’s go ahead and make tunity, under managed care, to really generally small business men and sure whatever we are going to do is all do what they need to do because of: women, farmers, and individuals who inclusive in protecting the children, How did that patient get there? Did are buying individual policies. They not only those covered by self-funded they come on their own? Did they get are excluded under the Republican employer plans. I do not know how prior approval? plan. State and local government many children in this country know Our bill is not a shell game. As to workers are excluded, and the 75 mil- whether they are getting their health emergency care, you pick up the shell lion whose employer provides fully care as a result of a self-funded em- and under it the Republicans give you funded coverage, the largest category, ployer plan or whether it is the em- nothing. Our bill ensures access to are all excluded. Only 48 million are ployer providing the services through qualified specialists, including pedi- covered under the Republican plan. insurance programs. atric specialists, unlike the Republican I tried to read through every expla- I say, let’s deal with children. Let’s bill, a bill that limits access to special- deal with all the children. That is what nation to understand. Then I started to ists and does not guarantee that chil- our bill does. And that, I believe, is read the proposals advanced in the dren may see a pediatric specialist. fundamental. We live in a world of specialization. House of Representatives. The PRESIDING OFFICER. The time There are five different Republican When your child is sick, you want your has expired. House proposals. But all the Repub- Mr. REID. I ask the Senator from child to go to someone who is a pedi- lican proposals in the House of Rep- Massachusetts to yield me 10 minutes atric specialist. Whether it is a pedi- resentatives cover all Americans. Why from the bill. atric oncologist specialist, whether it is it that the Republican bills in the Mr. KENNEDY. I yield that time. is a pediatric orthopedic specialist, you House of Representatives cover all The PRESIDING OFFICER. The Sen- need to be able to take your child to Americans and over here in the Senate ator from Nevada. the person who can render the best the Republicans only cover a third of Mr. REID. I can remember the first care. But when you pick up this Repub- Americans? I thought there might be time I went to New York as a young lican shell where they talk about ‘‘they some explanation. man. My wife and I, of course, traveled get everything,’’ and you want a pedi- The Democrats cover all Americans. the streets of New York. We walked, atric specialist, it is empty; you cannot When we say ‘‘all,’’ we mean all. When and there were a lot of fascinating get it. we say ‘‘protections,’’ we mean protec- things. But one of the things I will Our bill, the minority bill, guaran- tions. That is what this legislation is never forget is the people on the tees that women may designate their all about. We want to make sure we streets who were involved in shell obstetrician/gynecologist as a primary will have the opportunity, over the games. I did not participate in any of care provider. Why is that? Because course of this week, when we are talk- them, but they would try to get people that is, in fact, the reality in America. ing about protections for the type of to come. They would move these little Women go to their gynecologists. That specialty care that a child might markers around. You could never win. person treats them when they have a need—such as a child who has cancer— No one ever won. None of the people cold, when they are sick from some- that they are guaranteed they will be they got to participate in these shell thing dealing with whatever the cause covered by the protections we have in- games ever won. I had had enough ex- might be. They look to their gyne- cluded in our bill. perience from going to carnivals as a cologist as their primary care physi- We want to ensure that all women young man not to participate in those cian. are going to be guaranteed the protec- games because there are certain games Under our legislation, it guarantees tions we have included. We want to you can never win. that women may designate their OB/ make sure that all of those with some What is happening with the majority GYN as a primary care provider. But type of physical or mental challenge is they have a shell game going on. what happens under the Republican are going to be guaranteed the protec- They are here today pronouncing what bill? It makes no guarantees and limits tions we have included—not just a is so good about their bill. But the fact this to only a few select women. quarter, not just a third, not just a of the matter is, it is a shell game. Be- Again, you look up and you see this half, not just three-quarters but all of cause you pick it up, and what they shell game and you see all these prom- them. talk about is never there. The impor- ises. You think you are going to score So I find that on the most basic and tant part of what they are talking big. You pick up this shell, and there is fundamental issue, the plans differ about is never there. Pick it up, and it nothing there for women that guaran- greatly. We are all asked: Well, look, is gone. tees their OB/GYN as a primary care Senator, the Republican proposal has What am I talking about? The Sen- provider. emergency protections and you have ator from Massachusetts has talked The junior Senator from Wyoming emergency protections. Can you tell us about the bill of the Republicans cov- came to the floor and again tried to what the differences are? ering only about one-fourth, about 25 move this shell around. What was his The fact is that virtually two-thirds to 30 percent, of the people that our shell game? The junior Senator from are excluded from the Republican pro- bill covers. That is part of the shell Wyoming said that this was national posal, before we even discuss the loop- game. You pick it up and 75 percent of health insurance—those bad words: na- holes they have written so that their it is missing. tional health insurance. Of course, this July 12, 1999 CONGRESSIONAL RECORD — SENATE S8223 has nothing to do with national health American Group Psychotherapy Associa- General Clinical Research Center Program insurance, absolutely nothing. But, of tion. Directors Association. course, this is part of the shell game: American Heart Association. Genzyme. Glaucoma Research Foundation. We want to frighten people; we want to American Lung Association. American Medical Association (AMA). Goddard Riverside Community Center. frighten and confuse people, as the American Medical Rehabilitation Pro- Health and Medicine Policy Research health insurance industry is doing as viders Association. Group. we speak by spending millions of dol- American Music Therapy Association. Human Rights Campaign. lars with false and misleading adver- American Network of Community Options Independent Chiropractic Physicians. tisements. and Resources. International Association of Psychosocial The insurance industry, as the Sen- American Nurses Association (ANA). Rehabilitation Services. League of Women Voters. ator from Massachusetts pointed out, American Occupational Therapy Associa- tion. Lukemia Society of America. opposes this legislation. Hundreds of American Optometric Association. Managed Care Liability Project. groups support this legislation—hun- American Orthopsychiatric Association. Mary Mahoney Memorial Health Center. dreds of groups. American Physical Therapy Association. Massachusetts Association of Older Ameri- I ask unanimous consent to have American Podiatric Medical Association. cans. Massachusetts Breast Cancer Coalition. printed in the RECORD a partial list of American Psychiatric Nurses Association. Meals on Wheels of Lexington, Inc. those organizations that support this American Psychoanalytic Association. American Psychological Association Mental Health Association in Illinois. legislation. Mental Health Net. There being no objection, the mate- (APA). American Public Health Association. Minnesota Breast Cancer Coalition. NAACP. rial was ordered to be printed in the American Society of Clinical Oncology. National Abortion and Reproductive RECORD, as follows: American Speech-Language-Hearing Asso- Rights Action League. GROUPS SUPPORTING THE DEMOCRATIC ciation. National Alliance for the Mentally Ill PATIENTS’ BILL OF RIGHTS American Therapeutic Recreation Associa- (NAMI). tion. ABC for Health, Inc. National Alliance of Breast Cancer Organi- Anxiety Disorders Association of America. Access Living. zations. The Arc. AIDS Action. National Association for Rural Mental Arc of Washington State. AIDS Law Project of Pennsylvania. Health. Asian and Pacific Islander American Alamo Breast Cancer Foundation and Coa- National Association for the Advancement Health Forum. lition. of Orthotics and Prosthetics. Association for the Advancement of Psy- Alcohol/Drug Council of North Carolina. National Association of Childrens Hos- chology. Alliance for Lung Cancer Advocacy, Sup- pitals (NACH). Association for Ambulatory Behavioral port, and Education (ALCASE). National Association of Developmental Healthcare. Alliance for Rehabilitation Counseling. Disabilities Councils. Association of Behavioral Healthcare Man- Alzheimer’s Association—Greater Rich- National Association of Homes and Serv- agement. mond Chapter. ices for Children. Association of Women’s Health, Obstetric Alzheimer’s Association—New York City National Association of Nurse Practi- and Neonatal Nurses (AWHONN). Chapter. tioners in Reproductive Health. American Academy of Child and Adoles- Bazelon Center for Mental Health Law. National Association of People With AIDS Brain Injury Association. cent Psychiatry. (NAPWA). American Academy of Emergency Medi- California Advocates for Nursing Home Re- National Association of Protection and Ad- cine. form. vocacy Systems. American Academy of Neurology (AAN). California Breast Cancer Organizations. National Association of Psychiatric Treat- American Academy of Pediatrics. Cancer Care, Inc. ment Centers for Children. American Academy of Physical Medicine Candlelighters Childhood Cancer Founda- National Association of Public Hospitals. and Rehabilitation. tion. National Association of School Psycholo- American Association for Marriage and Catholic Charities of the Southern Tier. gists. Family Therapy. Center for Patient Advocacy. National Association of Social Workers. American Association for Psychosocial Re- Center for Women Policy Studies. National Black Women’s Health Project. habilitation. Center on Disability and Health. National Breast Cancer Coalition (NBCC). American Association for Respiratory Children and Adults with Attention Deficit National Caucus and Center on Black Care. Disorder. Aged, Inc. American Association of Children’s Resi- Child Welfare League of America. National Coalition for Cancer Survivor- dential Centers. Children’s Defense Fund. ship. American Association of Nurse Anes- Clinical Social Work Federation. National Community Pharmacists Associa- thetists. Coalition of Wisconsin Aging Groups. tion. American Association of Pastoral Coun- Colorado Ombudsman Program—The Legal National Consumers League. selors. Center. National Council for Community Behav- American Association of Private Practice Communication Workers of America— ioral Healthcare. Psychiatrists. Local 1039. National Council of Senior Citizens. American Association of University Consortium for Citizens with Disabilities National Hispanic Council on Aging. Women (AAUW). Health Task Force. National Marfan Foundation (NMF). American Association on Mental Retarda- Consumer Federation of America (CFA). National Mental Health Association tion (AAMR). Consumers Union. (NMHA). American Autoimmune Related Diseases Corporation for the Advancement of Psy- National Multiple Sclerosis Society. Association (AARDA). chiatry. National Parent Network on Disabilities. American Board of Examiners in Clinical Crater District Area Agency on Aging. National Partnership for Women & Fami- Social Work. Council of Vermont Elders. lies. American Cancer Society. Dekalb Development Disabilities Council. National Patient Advocate Foundation. American Chiropractic Association. Delta Center for Independent Living. National Therapeutic Recreation Society. American College of Emergency Physi- Disabled Rights Action Committee. NETWORK: A National Catholic Social cians (ACEP). Eastern Shore Area Agency on Aging/Com- Justice Lobby. American College of Obstetricians and munity Action Agency. Nevada Council on Developmental Disabil- Gynecologists (ACOG). Epilepsy Foundation. ities. American College of Physicians (ACP). Families USA Foundation. Nevada Council on Independent Living. American Counseling Association. Family Service America. Nevada Forum on Disability. American Federation for Medical Re- Family Voices. Nevada Health Care Reform Project. search. Federation for Children with Special New York City Coalition Against Hunger. American Federation of Home Health Needs. New York Immigration Coalition. Agencies. Florida Breast Cancer Coalition. New York State Nurses Association. American Federation of Labor & Congress Friends Committee on National Legisla- North American Brain Tumor Coalition. of Industrial Organizations (AFL–CIO). tion. North Carolina State AFL–CIO. American Federation of State, County and Friends of Cancer Research. North Dakota Public Employees Associa- Municipal Employees (AFSCME). Gay Men’s Health Crisis. tion—AFT 4660. American Federation of Teachers. Gazette International Networking Insti- Oklahomans for Improvement of Nursing American Gastroenterological Association. tute (GINI). Care Homes. S8224 CONGRESSIONAL RECORD — SENATE July 12, 1999 Older Women’s League (OWL). old son is sick; I have been told this Mr. REID. Madam President, the fact Ombudservice. will cover me. You pick up the shell. It that lawyers are involved will make Opticians Association of America. is empty. There is nothing under there. managed care entities do better work. Oregon Advocacy Center. Paralyzed Veterans of America. You lose again. The history of this is certainly ade- Pregnancy Planning Services, Inc. Our legislation prohibits arbitrary quate. In the State of Texas, as an ex- Physicians for Reproductive Choice and interference of HMO bureaucrats. What ample, where they have a Patients’ Bill Health. does that mean? It means that insurers of Rights, it doesn’t cover enough peo- President Clinton. cannot overrule doctors’ medical deci- ple, but it covers some people. By the Reform Organization of Welfare (ROWEL). sions. What we need is a bill that rees- way, it is a Patients’ Bill of Rights RESOLVE. tablishes the patient-doctor relation- that George W. Bush vetoed. They Rhode Island Breast Cancer Coalition. ship, not one that allows clerks in Min- came back and passed another one, and Rockland County Senior Health Care Coa- neapolis or Baltimore or Sacramento lition. he refused to sign that. He is going San Diego Federation of Retired Union to make decisions for my friends, rel- around talking, in his Presidential run, Members (FORUM). atives, and constituents in the State of about what a great Patients’ Bill of San Francisco Peakers Senior Citizens. Nevada. We want the doctors making Rights they have in Texas. Everyone Service Employees International Union those decisions. Our legislation does should understand, he vetoed the bill (SEIU). that. The Republican version does not and refused to sign the second one. The Service Employees International Union do that. It is a part of the shell game fact of the matter is, the Texas experi- (SEIU)—Local 205. that shuffles these shells around. Peo- ence indicates that it doesn’t increase Service Employees International Union ple think they have won, but they pick (SEIU)—Local 585, AFL–CO CLC. cost; it just makes the health care en- up the shell and, again, they have lost. tity, the managed care entity, do a bet- South Central Connecticut Agency on The minority legislation prohibits Aging. ter job. Southern Neighborhoods Network. gag clauses and improper financial in- Our bill holds HMOs accountable Susan G. Koman Breast Cancer Founda- centives to withhold care. What does when the decisions lead to injury or tion. this mean? There are many organiza- death. This is not a bill, as the Repub- Tourette Syndrome Association, Inc. tions around the country that give in- lican bill, that maintains protections United Automobile, Aerospace and Agri- centives to keep people out of hos- for HMOs that injure or kill patients. I cultural Implement Workers of America pitals, incentives to keep people from was startled today to hear one of the (UAW). having certain types of care rendered. United Cerebral Palsy Association. majority talk about how their bill Why? Because if they do that, they get would reimburse costs for somebody United Church of Christ, Office for Church bonuses. in Society. who has been aggrieved, whatever the Our legislation also prevents HMOs United Senior Action of Indiana. medical care would have been. That is from prohibiting doctors and other University Health Professionals Union— what happens now under HMOs. That is Local 3837, CFEPE/AFT/AFL–CIO. medical care specialists from telling patients what is really wrong. They why it makes it so bad. US TOO International. We want a bill that takes care of pa- Vermont Public Interest Research Group. can’t be fired if they do so. Again, our Voice of Seniors. legislation is not a shell game. It is not tients, a bill that takes care of patients Voluntary Action Center. a shell game, as the majority legisla- based on doctors’ decisions, not clerks’ Volunteer Trustees of Not-For-Profit Hos- tion is a shell game. The majority decisions. We want a bill that is more pitals. would like you to believe that under concerned about patients than about West Side Chapter NCSC. every one of those shells you have a profits. Western Kansas Association on Concerns of I yield the floor. the Disabled. winner, but the fact of the matter is, every shell you pick up under the Re- Mr. NICKLES addressed the Chair. Women in Touch. The PRESIDING OFFICER. The Sen- Y–ME National Breast Cancer Organiza- publican version is empty; you lose tion. again. ator from Oklahoma is recognized. The minority bill holds HMOs ac- Mr. NICKLES. Madam President, I Mr. REID. This isn’t national health will speak in general on the bill, but I insurance. This is something that the countable when their decisions lead to injury or death. There have been people am on amendment time. junior Senator from Wyoming and oth- Mr. REID. Will the Senator yield for ers would like you to think is. You can who have talked about how this bill is going to be overtaken by the lawyers. a unanimous consent request? follow these shells. You pick one up, Mr. NICKLES. Surely. and, of course, again it is misleading. Let me give you a little statistic about medical malpractice cases. In the State Mr. REID. On behalf of Senator KEN- Our legislation ensures access to need- NEDY, the manager of the bill, I ask ed drugs and clinical trials. It is not a of Nevada, since we have become a State, there have been fewer than 40 unanimous consent that the time I bill that imposes financial penalties for used, so there is no misunderstanding, needed drugs. Of course, their bill does medical malpractice cases tried by a jury. We became a State in 1864. be charged to the amendment and not not guarantee access to clinical trials I say that HMOs should be treated the underlying bill. for cancer patients, among others. like everyone else. I went to dinner in The PRESIDING OFFICER. Without What does this mean? Again, not Reno a couple weeks ago with a woman objection, it is so ordered. speculation but facts. We were at an who is a manager of a managed care Mr. REID. I express my appreciation event at 2 o’clock today, and there was entity. She said: HARRY, I like your bill to the Senator from Oklahoma. a man there whose 12-year-old son last except for the lawyers. I said: Why PRIVILEGE OF THE FLOOR August got cancer. It was a rare form should you be any different from any- Mr. NICKLES. Madam President, I of cancer. During his chemotherapy, body else in America? We all have to ask unanimous consent that the list of the managed care entity suddenly said: deal with lawyers. You should, too. staff I now send to the desk be granted We don’t cover you. What was he going This legislation will not increase the privilege of the floor during consid- to do? He wrote numerous letters and costs more than the cost of a cheese- eration of S. 1344, the Kennedy-Daschle called numerous people. In short, by burger and a very small order of fries health care bill. the time the managed care entity fi- every month. We can go through a list The PRESIDING OFFICER. Without nally agreed to cover it and that it was of people who have indicated that that, objection, it is so ordered. certainly something which was nec- in fact, is the case, contrary to what The list is as follows: essary, and by the time his family and the junior Senator from Wyoming and friends gathered together to help pay others have said today. HEALTH CARE TASK FORCE for this, the boy was almost dead, and Madam President, I ask unanimous he died in February, just a few months consent for 3 additional minutes, since Senate office Staffer ago. the manager is not here. I will take Brownback ...... Rob Wassinger Our bill ensures access to needed that off the bill. Collins ...... Priscilla Hanley DeWine ...... Helen Rhee drugs and clinical trials, not this shell The PRESIDING OFFICER. Without Enzi ...... Chris Spear game where you say: Here, my 12-year- objection, it is so ordered. Raissa Geary July 12, 1999 CONGRESSIONAL RECORD — SENATE S8225 HEALTH CARE TASK FORCE—Continued if you are going to sue me for it, I will tant that we use facts. I think every- just drop it. I hope my employees take body is entitled to their own opinion, Senate office Staffer care of their health care needs on their but they are not entitled to their own Frist ...... Anne Phelps own. I will give them a little money. I facts. The fact is that the Kennedy bill Sue Ramthun Gramm ...... Don Dempsey hope they do it. would cost families hundreds of dollars Mike Solon You and I know, in many cases they per year and would increase the num- Gregg ...... Alan GIlbert won’t do it. We shouldn’t do harm; we Hagel ...... Steve Irizarry ber of uninsured in the millions. Hutchinson ...... Kate Hull shouldn’t do damage to the system. Right now, there are 43 million unin- Jeffords ...... Paul Harrington I heard my colleagues, from Massa- sured Americans. That equals the pop- Kim Monk Tom Valuck (fellow) chusetts and from Nevada, say: Well, ulation of 9 States—the population of Carole Vannier (fellow) our bill doesn’t cost much. It costs the States that I have in yellow on the Lott ...... Sharon Soderstrom Keith Hennessy about the cost of a cheeseburger, chart. If we pass the Kennedy bill, we Nickles ...... Stacey Hughes maybe a cheeseburger and fries. can add 3 more States, North Dakota, Meg Hauck Mack ...... Mark Smith Let’s look at the reality. The Con- South Dakota, and Wyoming. The en- RPC/Craig ...... Michael Cannon gressional Budget Office says the Ken- tire population of those States would Roth ...... Kathy Means Bill Sweetnam nedy bill would increase health care be uninsured. We should not be doing Dede Spitznagel costs by 6.1 percent. I understand they that. Democrats and Republicans, from Santorum ...... Peter Stein Sessions ...... Libby Rolfe may amend it to make it 4.8 percent. the outset, should not do any harm and What people haven’t caught onto is, we should not increase the number of Mr. NICKLES. Madam President, I that is in addition to health care infla- uninsured. will speak in general about the bill and tion that is already in the system. The Another thing we should not do is in- maybe correct some statements that I cost of health care is going up. It is es- crease the complexity of plans. My believe are factually incorrect. I think timated to go up 9 percent, by a na- friend and colleague, Senator DASCHLE it is important to deal with facts. tional survey of plans by William Mer- sent that to the desk for Senator KEN- I have heard a lot of opinions. I heard cer. So health care costs are going up 8 NEDY. He said we need to expand the that the Republican bill that many of or 9 percent. You add another 5 or 6 scope, that the Republican plan only us worked together on was a shell. I am percent on top of it, that means if we covers 48 million Americans, and we kind of offended by that, I mention to pass the Kennedy bill, health care costs cover 161 million Americans, and those my colleague. will be up by 15 percent. What if it is 14 other 100 million Americans have no First, let me say, when we are con- percent? I think that is too high. I protections whatsoever. sidering health care, we should make think if health care costs go up that Well, this chart, compliments of Sen- sure we don’t do any damage. We percentage, you are going to have a lot ator GREGG from New Hampshire, should do no harm. Maybe we should more people uninsured. shows you the complexity of the Ken- repeat the physicians’ Hippocratic Then what about: Well, it only costs nedy plan. Now, this is very graphic, oath: Do no harm. as much as a Big Mac. I have the great- and I am sure anybody looking at it When I look at the proposal of Sen- est respect for Senator KENNEDY, but I closely would say that looks like a ator KENNEDY, the Democrats’ bill, I do not know how good his math is. Let mess. And it is, because what it does it, see it doing a lot of harm. If that bill me use some people who are pretty it says: States, we don’t care what you was enacted, a lot of people would be- good at math, the Congressional Budg- have done. We know better. The Fed- come uninsured. That is harm. As a et Office. They are not Democrats. eral Government knows best. matter of fact, it is estimated as many They are not Republicans. They’re not Again, I have great affection and ad- as 1.8 million, almost 2 million, people people who say: Let’s come up with miration for my colleague, Senator would become uninsured if we passed some bad information on the Kennedy KENNEDY. He has always thought the his bill. We already have 43 million un- bill. Federal Government knows best when insured Americans. Let’s not add to it. They said, Senate bill 6, the Kennedy it comes to health care. He has always Let’s not make it worse. Unfortu- Patients’ Bill of Rights, will increase supported national health care and nately, I think that is what would hap- health care premiums by 6.1 percent, thought the Federal Government pen. resulting in an $8 billion reduction in should write the plan and insist on the We shouldn’t be dramatically in- Social Security payroll taxes over the benefits. We know best, so States get creasing health care costs. That is not next 10 years, an $8 billion reduction in out of the way. The Federal Govern- going to help solve the problem. Cost is Social Security payroll taxes. The ment will tell you how to run your a big problem. We had a little press total reduction in payroll over that pe- health care business. We don’t care if conference today. We had several self- riod of time is $64 billion over the next you have had experience over the last employed people who said: I can’t af- 10 years. Now, $64 billion in lost wages 50 years in administering insurance, ford health insurance. One said they is a lot more than a Big Mac. As a mat- health care, having insurance commis- didn’t have it. One said they barely had ter of fact, I think it equates to $355 sioners, and having quality inspectors. it and, if the cost went way up, they more per family per year. That is not a We don’t care if you have that. We would lose it. They would have to can- Big Mac. That is about $30 a month. know better. The Federal Government, cel it for themselves and their employ- That is not $3 a month, or $2 a month, HCFA, Health Care Finance Adminis- ees. We don’t want to do that. That is as Senator KENNEDY alluded to. That is tration, knows better and should be doing harm. That is doing damage. about $30 a month. That is a big hit. making these decisions. That is doing damage, frankly, to the That means that is $30 less that an em- Under the Kennedy bill, we are going best health care system in the world. I ployer will have to compensate his em- to overlay on top of all the State regu- am not saying the health care system ployees. Where does that money come lations a Federal-Government-knows- we have in the country today is per- from? That is real money. According to best plan. We are going to dictate that fect. Does it make mistakes? You bet. CBO, $64 billion over the next 10 years you have all these things. This little Can we make it better? Sure we can. is the cost of the Kennedy bill. Where chart kind of shows the complexity of Let’s do that. does that come from? From lost wages it. Health care is fairly complex any- But I don’t think we make it better of employees. A whole lot of employees way with State administrations. But by coming up with a whole laundry list say: Thank you very much, Senator this says we are going to overlay, on of Federal mandates stacked on top, KENNEDY, but I want the money. Thank top of what the States do, complex duplicating State mandates, saying: you, but I want to keep my health in- Federal mandates. States, you must do The Federal Government knows best. surance. Don’t price it out. as the Federal Government decided. Yes, this is going to cost you a lot of So I think it is funny, in a way, that What if there is competition? What if money. Oh, yes, Mr. Employer, you can I hear it will only cost $2 a month. the State has an emergency room pro- be sued. The employer saying: Thank That is not accurate. CBO says it vision for their State-regulated plans? you very much, but I don’t have to pro- would cost $355 per year per family. So We are going to say: We are sorry, but vide this benefit in the first place and, I mention that, and I think it is impor- we know better, so you have to comply S8226 CONGRESSIONAL RECORD — SENATE July 12, 1999 with ours. The State says: We think find out that the State of Massachu- Mr. GRAMM. Will the Senator yield ours is better. But we are going to have setts has not yet complied. Five States before he gets off this point? to have a Government bureaucrat who have not complied. I doubt that that Mr. NICKLES. I am happy to yield to knows best. Senator KENNEDY knows means the State of Massachusetts my friend from Texas. best, HCFA know best, the Government doesn’t care about insurance port- Mr. GRAMM. This is very important. knows best. ability. My guess is that it is probably Senator KENNEDY keeps standing up That is the problem with the Ken- just as portable in Massachusetts as it and really setting up the straw man nedy bill. Unfortunately, in many is in other States. But they have not and knocking him down, it seems to cases, the Government doesn’t know met congressional criteria. Therefore, me. best. There are lots and lots of State HCFA is supposed to administer their I want to pose this as a question. mandates, and I pulled out a few on plans. Guess what? They are not doing He is saying this bill covers 160 mil- this chart. Forty-two States have a it. They have not done it. I don’t want lion people, whereas our bill covers Bill of Rights. My colleague from Ne- them to do it; I will be frank. Even only 48 million people. But isn’t it true that under our bill vada said the Texas Governor vetoed a though that is a law we have already we cover those that are in self-funded Bill of Rights. I see on the list that passed, I don’t think Federal regula- plans where the Federal Government Texas has a Bill of Rights. I happen to tion of health care in Massachusetts is see that Texas has a total of 42 man- has jurisdiction and where the States going to make it any better. As a mat- don’t have the freedom to legislate pa- dates. Probably many of them—the ter of fact, it might make it worse. I Senator from Texas says it may be too tients’ rights? So we deal with the Fed- think that might be a mistake. eral jurisdiction and allow the indi- many. It is probably increasing the Look at the number of health care vidual States to set up their own pro- cost of health care, but the State of mandates on this chart. My State of gram. But Senator KENNEDY wants to Texas is doing it. Oklahoma has 26. The State of Texas do the same thing that he did in the Maybe we are the source of all wis- has 42. Florida has 44. States have an dom. I don’t know what the State of Clinton-Kennedy health bill of 1993, average, I think, of 30-some or 40. and that is to have the Federal Govern- Texas has, but is it really in our pre- Again, is it really necessary for us to rogative and our right to say: Texas, ment set mandates even though 43 come in and say: States, thank you States have passed their own laws. you don’t know what you are doing; we very much, we are sure you are well-in- Is that not the distinction we are know what is best. So whatever you tended, but we know better. We have talking about? Senator KENNEDY be- have in your mandates, we are going to decided this, and we have had hearings. lieves that only he knows anything mandate something more, something Our emergency room provision has to about this and that the State legisla- more expensive. We are going to dic- be better than yours. Our access to spe- ture in Texas does not know anything tate to you. I think that is a mistake. cialists has to be better than yours. We about health care and doesn’t care any- There is a basic difference in philos- don’t know what yours is, but we know thing about Texas. But Senator KEN- ophy between Senator KENNEDY and ours is better. A colleague showed pic- NEDY knows about it. In fact, he helped Dr. FRIST, who will be here shortly to tures and said: Look at this child; he President Clinton do the 1993 bill, discuss this. I might mention, I think was denied the health care. The plan which would have put everybody into a the plan we proposed, as far as scope is said it was not medically necessary; health care collective run by the Fed- concerned—we said, let’s regulate the therefore, the child didn’t get the eral Government—one big HMO very unregulated and protect the unpro- health care. So we are going to change much similar to and with all the com- tected. There were a lot of plans that all the laws of all the States because passion of the IRS. But now he says aren’t covered by State insurance, and somebody finds some horror stories. that States aren’t competent, even we said those plans should have some I have said in the past that there though 43 of them have passed pa- basic protections, so we put them in. have been mistakes. There always will tients’ bills of rights. He is trying to Those plans weren’t covered by the be. There will be some mistakes. We preempt those States, whereas I under- State mandates. That is the reason we have to decide what is the best way to stand our bill simply goes to the people put them in there. My Democrat col- solve the problem. Is the solution to who can’t, because of Federal law, be leagues said they are unprotected, out the problem coming up with more Gov- covered by State patients’ rights. of luck, as if the States have no role ernment mandates—a Federal Govern- Is that correct? whatsoever. The States don’t know ment takeover of health care, which is Mr. NICKLES. That is correct. I ap- what they are doing. HCFA knows bet- really, in effect, what the Kennedy Pa- preciate my colleague making that dis- ter. HCFA is not a cure-all for health tients’ Bill of Rights is. Is that the so- tinction. care. lution? Or will it make it worse? Look I have a list of all of the mandates Here is an example. On a bill that we at other countries that have really that the State of Texas has. I have a passed last year, I have a couple com- tried socialized medicine, government- list that says 42 States have a State ments. This was in a bill we passed: controlled medicine, government dic- bill of rights. HCFA, as a regulatory authority to enforce tates from A to Z. Is their health care I might say that those States might consumer protections, stands by the Health better or worse than in the United have a more far-reaching bill of rights Insurance Portability and Accounting Act of States? It is worse. It is much worse. than the proposal that Senator KEN- 1996. In States that failed to enact these pro- visions, according to the General Accounting All you need for evidence of that is NEDY offers. They may; I don’t know. Office, HCFA admits that it has ‘‘pursued a people in their states continue to come But I happen to think they are prob- Band-Aid or minimalist approach’’ to enforc- to the United States for quality health ably a lot closer to the people in that ing these consumer protections. The General care, including their leaders, and in- State. I happen to think if there are Accounting Office also found that HCFA cluding their top officials. They want complaints, they are more likely to be lacks ‘‘appropriate experience’’ in regulating to have health care in the United resolved favorably by the State regu- private health insurance. States because we have the best qual- lators than they would be by bureau- So GAO said HCFA is not doing a ity health care system in the world. crats in HCFA that have no idea of how very good job. The Kennedy bill says We need to make sure that we do no to regulate health care plans. turn it all over to HCFA. We don’t harm to that system. We absolutely That quote that I just read from GAO think the States are good enough. We need to make sure that if we can make said that HCFA pursued a Band-Aid or are going to turn it over to HCFA and improvements on the system, let’s do minimus approach to enforcing con- let them do it better. GAO also said so, but let’s not make it worse. sumer protections, and that HCFA that HCFA is doing a crummy job. Let’s not pass this government- lacks appropriate experience in regu- They should not be trying to regulate knows-best, one-size-fits-all, Wash- lating private health insurance. insurance throughout the country. ington, DC, HCFA, you are going to run The GAO has already studied HCFA’s They have a big job. What about the it, and that we have confidence in the results, and they have failed. Yet Sen- health insurance portability bill, the government bureaucrats that we are ator KENNEDY’s bill says to States: We Kennedy–Kassebaum bill? People have going to hire, and solve all the prob- want HCFA to regulate their insur- been bragging on it. It is interesting to lems. ance. July 12, 1999 CONGRESSIONAL RECORD — SENATE S8227 I just disagree with that. I disagree was medically necessary, or whether or care consumers that the States are with that very strongly. not the treatment should go forward. prohibited from protecting, and that, When I see the pictures of the health Hopefully that would solve the pic- indeed, the assertions we are hearing care catastrophes where somebody was tures, or the horror stores that we have from Senator KENNEDY, our colleague, denied care, or somebody didn’t get seen. and others, and that we are leaving care, I am very sympathetic to the It wouldn’t be decided by politicians. more than 100 million Americans com- families. But I don’t think they are It would be decided by an independent pletely unprotected is absolutely false going to get more protection by turn- expert in that field who has no finan- because they are protected under State ing it over to the Federal Government. cial incentive whatsoever and no con- laws that the States enacted without I think, frankly, they get less. nection to the health insurance indus- any prompt from Washington, without Mr. GRAMM. If the Senator will try—as I heard one of my colleagues any encouragement from Washington, yield further, does the Senator believe say, Oh. Yes. They are bought and paid and in fact the States are far ahead of that HCFA cares more about the people for. That is not correct. Washington in this debate? of Oklahoma than the State represent- What we are offering instead of a lot Mr. NICKLES. To answer my col- atives—the State senator and the Gov- of litigation and the probability that league from Maine, the Senator is ex- ernor—who may not know the Okla- people will be dropping plans like crazy actly right—although I say we protect homa needs the way Senator KENNEDY is the chance for people who need the unprotected. Even in the State-reg- and HCFA know them? health care to get. If they are denied ulated plans, we make sure all those Mr. NICKLES. I will answer the Sen- health care coverage, they get an ap- plans have an appeals process. ator’s question. No, I don’t. I don’t peal. If their life is threatened, or if it ERISA, which is a national law that think HCFA knows the State of Okla- is dangerous, they can get it imme- does deal with fiduciary standards, homa. I think HCFA is an organization diately, and they can get it done by an deals with reporting standards. We that has a lot of responsibilities, and independent review board. So they get make sure there is also an appeals most of which are not doing a very the health care they need—not get a process that covers 124 million people. good job—most of which haven’t done a lot of litigation, and not in the process Maybe our colleagues on the other side very good job, frankly, regulating uninsured millions of Americans. forget that. That is a basic process Medicare. They have caused a lot of Ms. COLLINS. Will the Senator yield which we think is much better than problems, as the Senator from Maine for a question? saying, let’s go to court; you were de- can attest to, whether you are talking Mr. NICKLES. Sure. nied coverage, let’s go to court and sue. about home health care, or whether Ms. COLLINS. Will the Senator agree It may be 3 or 4 years and the plaintiff you are talking about information to that it is absolutely irresponsible to be may eventually get something—or the seniors. I know for a fact they haven’t proposing a vast expansion of HCFA’s trial lawyer may get most of the given information to seniors which was authority in regulating the private in- money. We say, instead of going that mandated by law under the Medicare surance market given HCFA’s record, way, let’s go through an appeals proc- changes in 1997. which includes missing 25 percent of ess. We formulate an excellent internal I am looking at HCFA. I am sure the implementation deadlines in the and external appeals process for 124 there are some very good quality peo- balanced budget amendment of 1997; of million Americans, broad based, for ple who are very concerned about taking 10 years to implement a 1987 law any employer-based plan. health care in general. But I don’t establishing nursing home standards; That is a fundamental asset in our want to turn over all insurance regula- of yet to have updated 1985 fire safety plan that will improve quality health tion to them, because GAO says they standards for hospitals; when it is uti- care throughout the country. don’t have appropriate experience. lizing 1976 health and safety standards Ms. COLLINS. I thank the Senator. I Frankly, I don’t think they can do it as for the treatment of end-stage kidney certainly agree with his analysis. well. I know they shouldn’t be doing it. disease; when it is shown that it has Mr. NICKLES. I yield the floor. I think that is a responsibility that can been unable to handle the responsibil- Mr. KENNEDY. Mr. President, how and should be left to the States. The ities that Congress gave it under the much time do we have? States may make mistakes. Individ- Health Insurance Portability and Ac- The PRESIDING OFFICER (Mr. uals may make mistakes. I want to countability Act? HUTCHINSON). The Democrats have half make sure that I point this out before Is that part of the Senator’s concern an hour on the amendment. we see—I am sure—dozens more charts about taking away the authority from Mr. KENNEDY. I yield 10 minutes to of somebody who was denied care. State governments that are doing an the Senator from Illinois. Ms. COLLINS. Mr. President, will the excellent job in providing patient pro- Mr. DURBIN. There was a historic Senator yield for a question? tections, and instead relying on the event that just occurred on the floor of Mr. NICKLES. Let me finish this Federal Government and the agency of the Senate. Those who look through point. I haven’t made this point just HCFA to do that job? the CONGRESSIONAL RECORD are going yet. It is important. Mr. NICKLES. I certain concur with to find something truly amazing has We will have countless charts show- my colleague from Maine that turning just occurred. This debate on health in- ing somebody who needs a cleft pallet the responsibility over to HCFA won’t surance reform started at 1:10 p.m. It replaced, or somebody who has lost an make any improvement. It will make wasn’t until 3:59 p.m., almost 3 hours arm by mistake, or somebody was not it worse. later, that the first Republican Senator treated. Obviously, any lay person I might qualify part of the Senator’s referred to our amendment as ‘‘social- would say, Why didn’t that person get statement. I am not sure that States ized’’ medicine. Almost 3 hours passed health care? are doing an excellent job in every on the Senate floor before the Repub- If you pass our plan, we were going to area. I think they will do a much bet- licans turned to that old, beat up shib- see them and make sure they get ter job than they would be if it is boleth—socialized medicine. That may health care. turned it over to the Federal Govern- show there has been some progress. In The distinction that I want to make ment. I think they would be much clos- years gone by, that would have been is that the bill that we have before us er to fixing the problem, and they raised in the first 5 minutes. on the Republican proposal is that could fix the problem of the absence of However, I think it is important my every health care plan in America has quality. I think they can fix that friends on the Republican side of the an internal appeal done by a doctor. much, much better than we can by dic- aisle, who were supporting the ap- The internal appeal is done by a doc- tating it from Washington, DC. proach favored by the insurance indus- tor. It is done by a physician. If for Ms. COLLINS. If the Senator will try, stop and consider for a moment some reason that physician still deter- yield on one further point for a ques- that the world has changed dramati- mines that it wasn’t medical nec- tion, would the Senator agree that the cally since we used to simplify debate essary, that physician can appeal it to health committee legislation is an at- into terms of socialized medicine and an outside, independent expert to make tempt to protect the unprotected con- the medical practice that most Ameri- the determination of whether or not it sumers, to reach out to those health cans want. S8228 CONGRESSIONAL RECORD — SENATE July 12, 1999 I say to Senators on the floor for the tain they have access to the right med- behind. What they call ‘‘our Patients’ Republican side, do the Senators not ical specialists. But the Republican bill Bill of Rights’’ is an empty promise. consider it odd, if State regulation— is one that doesn’t guarantee that Mr. President, 113 million Americans which you are lauding—is so effective, right to literally over 100 million without health insurance—no protec- that the American Medical Association Americans. tion in the Republican bill; no protec- is suggesting they may have to The list goes on and on. tion in a bill supported by the insur- unionize across America to deal with Many of the Republicans who oppose ance industry. these health insurance companies? this plan to protect America’s families Look what it means in some of the Isn’t it strange, if State regulation and and their health insurance argue States of the Senators who have been State bills of right for patients are so ‘‘States rights.’’ It is an old argument. on the floor today. I say to the Senator effective, that over 200 medical organi- Senator KENNEDY, Senator DASCHLE, from Oklahoma, 1,574,000 people in zations and others support the Demo- and others have said: Yes, if you bring Oklahoma are not protected by the Re- cratic approach for a national standard these new protections into law, as we publican bill; 79 percent of privately in- of protection for all American citizens? would like to have for every American sured are not protected under the Re- If the States are doing such a great job regardless of where they live, the cost publican plan. Who are these people? protecting so many people, why are so of health insurance will go up—$2 a They are farmers. They are self-em- many medical professionals unhappy? month. ployed people, wheat growers in Okla- Why are so many families across Amer- I see crocodile tears on the floor of homa. ica calling our office, writing letters, the Senate as they bemoan the in- Look at the State of Maine, the po- telling these horror stories which we creased costs of health insurance poli- tato growers. Farmers there, 557,000 of have recounted on the floor of the Sen- cies if we pass our bill—$2 a month. them, are not protected by the Repub- ate and will recount during the course Isn’t it worth $2 a month to have ac- lican bill; 70 percent of the privately of this week? cess to a specialist when you need it? insured are not protected by the Re- There may not be a more important Isn’t it worth $2 a month to know your publican bill. State of Texas: We have debate on the floor of the Senate this doctor is giving you the best medical heard a lot about big government year for America’s families. We are advice and his decision is not being there, haven’t we? Over 6 million resi- going to decide this week whether or overridden by some health insurance dents of Texas are not protected by the not you can count on your health in- clerk? I think it is worth that and Republican bill, 59 percent of them. surance. A lot of people across America more. Yes, it is true. There is a State Bill can’t count on it. When it comes down They on the other side argue that our of Rights in Texas. Governor George W. to the tough time, a 12-year-old boy approach is too much government. It Bush vetoed it, and it was overridden with cancer, as Mr. and Mrs. Ray isn’t empowering government. We are by the State legislature. It is on the Cerniglia discussed this afternoon, empowering families across America to books. But basically we say everybody they had to fight their HMO. A couple, have negotiable rights with the insur- in America—Texas, Illinois, you name facing the tragedy of a 12-year-old with ance companies, that they can stand up it—deserves the same kind of protec- a rare, dangerous cancer, summons the and say these are our rights, this is for tion. If the Republicans had their way, courage to deal with it. They go for the what we stand. in my home State of Illinois, almost 5 best medical help they can find. That This isn’t a right for government. It million people would not be protected, isn’t enough. Now they have to worry is a right for families—families in the would not receive the benefit of the re- about fighting the insurance company. most precarious situations in their forms we are talking about in health The Republican approach is: So what. lives, facing the most serious illnesses. insurance; 59 percent of those privately That’s business. That is the way things That is what we are doing here. We are insured not protected by the Repub- are. empowering families and individuals to lican plan. We on this side of the aisle disagree. stand up to these health insurance Who are those folks? Let me show We believe, along with the medical pro- companies. you a picture of some of them. This is fessionals in America, that American We have seen from the letters—I have my home State, farmers left unpro- families deserve better. The Repub- seen them from Illinois; every Senator tected by the Republican ‘‘Patients’ lican approach is an approach sup- has—how helpless people feel when Bill of Wrongs.’’ This is a gentleman I ported by one group: the insurance in- they have someone in their family who know by the name of Tom Logsdon. His dustry. The insurance industry is is near death and they are sitting there 24-year-old daughter was diagnosed spending millions of dollars on tele- fighting with some faceless clerk at an with breast cancer. She has gone vision ads distorting what this debate insurance company, begging for the through a lot. The Republicans would is all about. care their doctor says their little boy not protect her, would not protect her I heard my Republican colleagues or their little girl needs. family because they are self-employed talk about States rights; we should We give these families power with people. They are farmers. They do not leave it to the States to decide whether this Patients’ Bill of Rights. Why the believe there should be this kind of or not America’s families should have Republicans oppose this, I don’t know. protection for those folks. I disagree. I good health insurance protection. I can understand why the insurance in- think these families and families Take a look at what the States have dustry opposes it. They have a pretty across America deserve the same con- already done: good thing going on. They make the tinuity of care, the same protection. I Twelve States haven’t done a thing decisions and they can’t even be sued think, frankly, when you look at the about access to emergency services. If when they are wrong. You can’t even choice in this bill, you can understand you have a serious accident in your take them to court. why the insurance companies support backyard, you can take that little boy I had an interview the other day in the Republican bill and oppose the who fell out of the tree and broke his Chicago. One of the reporters after- Democratic bill. arm to the nearest emergency room wards said: Let me get this straight. Here is the only way we are going to and not fumble around looking at your We can’t sue these health insurance get this bill passed. We have to hope insurance policy, wondering if you will companies when they make the wrong that five or six Republican Senators be covered. decision? I said: That is right. It is the will break ranks and decide to join us Thirty-one States have not enacted only business in America that can’t be in a bipartisan effort to really provide laws for independent appeals. If an in- held accountable for its wrongdoing. coverage and protection for people surance company denies coverage, you Think about their wrongdoing. It is a across America. If that does not hap- have an opportunity for an independent matter of life and death. A health in- pen, if this breaks down along partisan appeal. The Republican approach is an surance company denies a basic treat- lines, we will spend a week in debate in-house appeal by the insurance com- ment and someone can die as a result and the American people will say: pany. and they wouldn’t be held accountable. What happened? Nothing will have hap- Thirty-eight States have not pro- The thing that troubles me, too, is pened. I hope before this debate is con- tected families that want to make cer- the Republicans leave so many people cluded we have that bipartisan support. July 12, 1999 CONGRESSIONAL RECORD — SENATE S8229 I yield the remainder of my time. hospital, drive past the third hospital, that the bill approved by the health The PRESIDING OFFICER. Who in order to get to the hospital they ap- committee leaves millions of Ameri- yields time? proved for this little boy to get emer- cans unprotected, completely unpro- The Senator from Nevada. gency treatment. As a result, he lost tected. You heard it again. That is sim- Mr. REID. On behalf of Senator KEN- his hands and his feet. Our opponents ply not true. These Americans live in NEDY, I yield the Senator from North bill does not provide a guarantee that States that have enacted patient pro- Dakota 5 minutes. this young boy would have gotten tections very similar to the ones in- The PRESIDING OFFICER. The Sen- emergency treatment at the first, sec- cluded in the health committee bill to ator from North Dakota is recognized ond, or third hospital. No such guar- apply to those plans where people truly for 5 minutes. antee exists in their plan. If it did, it are unprotected. Those are the ERISA Mr. DORGAN. Mr. President, I have would not apply to 100 million Ameri- plans, the self-funded plans that the sat and listened quietly and patiently cans. States cannot regulate because of a to the debate over this amendment. I They say don’t let these stories af- Federal preemption. was thinking to myself that, if ever fect you. That is what this is about. It According to the CBO, 80 percent of there were an Olympic sport for is about patient care. It is about real the U.S. population lives in States with sidestepping, I surely have seen some people. It is about Jimmy, it is about laws guaranteeing access to emergency gold medal winners this afternoon. The Ethan, it is about the people I have care; 77 percent of Americans work in issue in this amendment is, whom does talked about on the floor of the Senate. organizations offering employee health this piece of legislation protect? Whom Let me conclude just by pointing out plans with a point-of-service option. does the Patients’ Bill of Rights pro- the differences in titles. They brought The Kennedy mandates, with direct ac- tect? a bill to the floor of the Senate with cess to OB/GYN, already exist in States Some people view this debate as a de- the title the Patients’ Bill of Rights. containing almost 70 percent of the bate between a bunch of wind genera- That is the same name as the piece of population. We know that 47 States tors in blue suits, and they do not legislation we authored. Ours contains have enacted laws to prohibit gag know whom to believe. So here is an real protections; theirs does not. clauses, something we all agree need to editorial from USA Today—not from Abe Lincoln was debating Douglas, be prohibited. Why do we need to dupli- Republicans, not from Democrats. The and he could not get Douglas to under- cate and preempt the good work of the headline of this USA Today editorial stand his point. Finally he said to States? Why not build on the good reads: ‘‘100 Million Reasons GOP’s Douglas: Let me ask it this way. He work of the States? Health Plan Fails. That’s How Many said: The State of Maine has enacted 35 People Proposal Will Leave Unpro- Tell me, how many legs does a horse have? mandates—35 patient protections. Now, tected.’’ Let me read what it says: And Douglas said, who is to say the emergency access Judging from the health insurance reform Four, of course. protection of the State of Maine is package announced this week by Senate Re- somehow inferior to the one in Senator Abe said, publicans, at least the title is correct. The KENNEDY’s bill, just because it differs proposal is called the Patients’ Bill of Now if a horse’s tail were called a leg, how from Senator KENNEDY’s bill? Who is Rights. If you are waiting for this perfunc- many legs would a horse have? going to make these determinations? tory plan to protect you, you’ll need to be And Douglas said, patient indeed, many of the plan’s key pro- Are they going to end up in court? Is Five. tections are restricted to the 51 million HCFA, by the Federal Government, by Americans who get their insurance through And Abe Lincoln said, fiat, going to decide that Maine’s was self-insured employer-sponsored plans sub- No, that’s where you are wrong. Simply not quite right, that it should be ject to direct Federal regulation. But an- calling a tail a leg doesn’t make it a leg at knocked out, replaced by the Kennedy other 100 million or so whose health plans all. standard, because Washington knows are subject to state regulation are excluded. You can call this proposal that has best? Washington is the source of all Again, USA Today says this plan is been offered by the majority party wisdom in this? an empty shell. This plan does not whatever you like, but it does not The opponents of our legislation con- match the needs the American people make it a patients’ protection act. As tend that the Federal Government ought to expect will be met. USA Today says in its editorial, if you should preempt the States’ patient pro- I have heard debate this afternoon I think you are going to get protection tection laws unless they are identical would have expected 100 years ago in from the Republican patient protection to the ones in Senator KENNEDY’s legis- this Chamber. Back in the years when plan, you had better be patient, be- lation. However, the States’ ap- suspenders and spittoons adorned this cause it leaves out 100 million Ameri- proaches to the same types of patient Chamber, you would have heard ex- cans. There is a lot of misinformation protection can vary widely. actly the same debate on every issue. that has been given on the floor of the States may have emergency require- Meat inspection? Let the States do it. Senate today and a lot of sidestepping ments but not the exact same stand- The Federal Government should not be on the important issues. But I say ards as in the Kennedy bill. That is the involved. Pollution control? Let the when this debate is over, do not, as the case with the State of Maine. States do it. Nursing home regulation? Senator from Oklahoma suggests, dis- Moreover, what if the State has made Let the States do it. Minimum wage? miss the concerns and stories that are an affirmative decision not to act in The Federal Government should not be raised about individual people. After one of these areas because the market involved. That is a debate a century all, the only question really important in their State does not require it and old, and it is old and tired. in this debate is how it affects the indi- they are concerned about costs? What The question here is, What kind of vidual patients, the men, women, and if the bill has failed in the legislature legislation are we going to pass that children who seek treatment in our or has been vetoed by the Governor? protects American families? Are we health care system. Let me give a recent example from my going to pass a bill that includes the I yield the floor. home State of Maine. 100 million people their side leaves out? The PRESIDING OFFICER. Who Maine law requires insurance plans You were told to be careful of stories yields time? to allow direct access to OB/GYN care about children who tug at your heart Several Senators addressed the without a referral from a primary care because somehow that is not reflective Chair. physician but only for an annual visit. of the whole issue. Jimmy, here, is Mr. NICKLES. I yield to the Senator Maine’s law also requires plans to never going to stroke his mother’s from Maine such time as she desires. allow OB/GYNs to serve as the primary face, may never be able to shoot a bas- The PRESIDING OFFICER. The Sen- care provider. ket. He has no arms and no legs. Why? ator from Maine. Our State legislature recently de- Because in the middle of the night Ms. COLLINS. Mr. President, we cided that those current laws, which when 6-month-old Jimmy was des- have heard it again. Once again we Maine was the head of the Nation in perately ill, his dad had to drive past have heard the myth that is being per- enacting, provided sufficient access, the first hospital, drive past the second petrated on the other side of the aisle that they corrected a problem in the S8230 CONGRESSIONAL RECORD — SENATE July 12, 1999 marketplace. The legislature rejected a important internal and external appeal and have tailored these protections to fit the bill that would have expanded the di- procedures that are in our legislation. needs of their states’ consumers and health rect access provision primarily out of We provide that to all plans across the care marketplaces. In addition, many states concern that it would drive up pre- board. Again, another myth perpet- are supplementing their existing protections during the current legislative session based mium costs. uated by those on the other side of the upon particular circumstances within their I note for my colleague from Massa- aisle that somehow our appeals process own states. We do not want states to be pre- chusetts, this decision was made by a does not cover these Americans. empted by Congressional or administrative legislature controlled by the Demo- We have produced a good bill. It actions. cratic Party. This was not some Repub- builds on, but does not preempt, the During our testimony, we highlighted our lican legislature that made this deci- good work of the States. It provides Statement of Principles on Patient Protec- sion, but rather the legislators in protections to those 48 million Ameri- tions (‘‘Statement of Principles’’), which were created to assist Congress in developing Maine were satisfied with the current cans whom the States cannot protect. It balances carefully the need to have patient protection legislation. The State- law and decided not to expand it be- ment of Principles highlights the elements cause they were concerned about the reforms that ensure that essential care that we believe must be included in any pa- additional costs that would be in- is provided, that no one is denied care tient protection legislation and reflects the curred. that an HMO has promised. It holds NAIC’s commitment to consumer protection. In cases such as this, the Kennedy HMOs accountable for their decisions. We suggested that these principles be used as proposal for a one-size-fits-all model It puts decisions in the hands of physi- guidelines in drafting any federal legislation. would just simply preempt the decision cians, not insurance company execu- The principles are as follows: tives or accountants and not trial law- Principle 1: Federal legislation estab- made by the State legislature. That is lishing patient protection laws should rein- why the National Association of Insur- yers. It carefully strikes a balance of force the ERISA saving clause and not pre- ance Commissioners supports the ap- providing important consumer protec- empt existing state health care consumer proach that was taken in the legisla- tions without driving up the costs, as protection laws, particularly as these protec- tion reported by the Health Com- the Kennedy bill would do, in a way tions apply to fully insured health plans. mittee. that would jeopardize, that would un- Principle 2: Federal legislation estab- In a March letter to the committee, dermine health insurance coverage for lishing patient protection laws should ensure a basic level of protections for all health the NAIC pointed out: millions of Americans. Mr. President, I reserve the remain- care consumers, focusing particular atten- The states have already adopted statutory tion on those consumers in self-funded and regulatory protections for consumers in der of our time. ERISA plans who do not currently have such fully insured plans and have tailored these EXHIBIT 1 protections. protections to fit the needs of their states’ NATIONAL ASSOCIATION OF Principle 3: Federal legislation estab- consumers and health care marketplaces. In INSURANCE COMMISSIONERS, lishing patient protection laws should pre- addition, many states are supplementing Washington, DC, March 16, 1999. serve the state infrastructure already in their existing protections during the current Hon. JAMES JEFFORDS, place. legislative session based upon particular cir- Chair, Senate Health, Education, Labor, and Principle 4: Federal legislation estab- cumstances within their own states. We do Pensions Committee, Washington, DC. lishing patient protection laws should ensure not want states to be preempted by DEAR SENATOR JEFFORDS: We are writing that all health care consumers, whether Congressional . . . actions. this letter in response to some concerns under fully insured or self-funded plans, have The letter continues: raised by your office regarding the testi- access to an appropriate regulatory body for mony of the National Association of Insur- answers to their questions, complaints and It is our belief that states should and will ance Commissioners (NAIC) Special Com- grievances. continue the efforts to develop creative, mittee on Health Insurance (‘‘Special Com- Principle 5: Federal legislation estab- flexible, market-sensitive protections for mittee’’) before the Senate Health, Edu- lishing patient protection laws should estab- health care consumers in fully insured plans, cation, Labor, and Pensions (HELP) Com- lish an appeals process to resolve disputes and Congress should focus attention on those mittee on March 11, 1999. The hearing fo- and enforce decisions for those consumers, consumers who have no protections in self- cused on the rule of the states and the fed- such as those in self-funded plans, without funded ERISA plans. eral government in enacting patient protec- access to such a process. That is exactly what our plan would tions for consumers in group health plans. The members of the Special Committee ap- do. I ask unanimous consent that the Specifically, concerns have been raised over preciate the efforts of Congress to provide letter from the National Association of the Special Committee’s testimony and patient protections to all consumers, and we Insurance Commissioners be printed in whether the Special Committee now sup- offer the above principles as guidelines in de- ports a federal floor. veloping such legislation. In doing so, we the RECORD at the conclusion of my re- We understand why the members of the urge Congress to focus its legislative activ- marks. Senate HELP Committee would get the im- ity on consumers in self-funded ERISA plans, The PRESIDING OFFICER. Without pression from our oral testimony that the which are under the federal government’s ex- objection, it is so ordered. members of the Special Committee are sup- clusive jurisdiction, and to preserve the (See Exhibit 1.) portive of a federal floor. During our testi- state protections that already exist for con- Ms. COLLINS. Mr. President, current mony we may have implied that the mem- sumers in fully insured ERISA plans. Again, Federal law prohibits the States from bers of the Special Committee would accept we have not endorsed the concept of a federal a federal floor in any federal patient protec- floor with regard to patient protections. regulating the self-funded, employer- On behalf of the members of the Special sponsored health plans that cover 48 tion legislation. The members of the Special Committee have not made a determination Committee, we would like to thank you for million Americans. Our legislation, that a federal floor is acceptable. It is our the opportunity to testify before the Senate which is intended to protect the unpro- belief that states should and will continue HELP Committee and for the opportunity to tected, to reach those consumers in the efforts to develop creative, flexible, mar- clarify our position. If any members of the self-funded plans that the States are ket-sensitive protections for health con- NAIC can be of further assistance, please feel prohibited from regulating, would ex- sumers in fully insured plans, and Congress free to contact Jon Lawniczak at (202) 624– tend many of the same rights and pro- should focus attention on those consumers 7790. Sincerely, tections to the Americans covered by who have no protections in self-funded GEORGE REIDER, Jr. these plans that are already enjoyed by ERISA plans. Rather, the members of the Special Com- President, NAIC. Americans who are under the State- mittee are interested in strengthening the KATHLEEN SEBELIUS, regulated plans. distinction between self-funded ERISA plans, Secretary-Treasurer, NAIC. The States have been ahead of the which are clearly outside the purview of The PRESIDING OFFICER. The Sen- Federal Government in this area. They state law, and fully insured plans. State in- ator from Nevada. have acted over the past 10 years to surance departments want to ensure that Mr. REID. Mr. President, we have 15 correct problems in the managed care citizens in their states who are covered by minutes left; is that true? marketplace by enacting specific con- fully insured ERISA plans can still rely on The PRESIDING OFFICER. The Sen- sumer protections. Our bill extends the state to address their questions, com- plaints and grievances and can still expect ator is correct. 1 those kinds of protections to those the same level of protections already estab- Mr. REID. I yield 7 ⁄2 minutes to the plans that the States cannot reach. We lished by the states. The states have already junior Senator from North Carolina go beyond that, though, when it comes adopted statutory and regulatory protec- and 71⁄2 minutes to the senior Senator to the procedural protections, the all- tions for consumers in fully insured plans from Rhode Island. July 12, 1999 CONGRESSIONAL RECORD — SENATE S8231 The PRESIDING OFFICER. The Sen- the critical issues—to the extent they chronic, long-term care over the course ator from North Carolina. do exist, they are preempted by ERISA. of their lives. They are paid out of Mr. EDWARDS. I thank the Chair. I do want to mention one other thing Medicaid. They are paid with taxpayer Mr. President, I will briefly respond on the issue of cost because there has dollars. The net result of that is that to the remarks by Senator COLLINS been a lot of discussion about cost from the cost an HMO or a health insurance from Maine, for whom I have tremen- the Senator from Oklahoma and the company would bear has been shifted dous respect. She and I have worked to- Senator from Maine. to the American taxpayer. That is gether on a number of issues. I know First of all, it is critically important wrong. We know it is wrong. That is she believes deeply in the cause she ad- to recognize that to the extent we get one of the things we are trying to do vocates this afternoon. I have great a patient to a specialist soon, and we something about in this bill. professional and personal respect for do that in our bill, to the extent we I have to add one other thing. The her. This is an issue on which I happen allow women to go directly to an OB/ Senator from Oklahoma said over and to disagree with her for a number of GYN as their primary care provider, to over during the course of his argument reasons. the extent we allow patients who are in that what our bill proposes is that the First, she suggests their plan—the a critical emergency to go the nearest Government knows the answer, that plan she is referring to I assume is the hospital and be seen by an emergency the Government has the solution. My Republican plan—is one that ade- room department or physician and response to that, with all due respect, quately protects patients’ rights be- thereby save that patient’s life or re- is existing law and the bill of the other cause of laws enacted in States across duce the amount of long-term care that side would say the HMO has the an- the country. If that is so, why is there patient receives—in every one of those swer, the health insurance company such an enormous public outcry for re- instances we are reducing long-term has the answer. form? The American people believe health care costs in this country. I say to the American people, and to deeply that patient protection legisla- So I want us to recognize, first, that my colleagues, we have tried that. We tion is desperately needed across this to the extent we are talking about in- have tried leaving this in the hands of country. If these laws already exist and creased costs, they are only talking the HMO. We have tried leaving it in are already in place and are working, about short-term costs, not long-term the hands of the health insurance in- why in the world does anybody need to costs. The truth of the matter is that dustry. And it has not worked. do anything? The reality is that these long-term costs will be reduced by pas- With that, I conclude by saying I laws are not in place and they are not sage of the Patients’ Bill of Rights for think it is critically important that we working. Let me give a few examples. the very same reason that preventive cover all Americans, that all Ameri- For example, access to clinical trials, medicine reduces health care costs in cans are covered by health insurance which is a critical component of our this country, because we are going to plans. That is done under the Demo- bill: 47 States of the 50 have no provi- get folks to the doctor they need to see cratic bill. sion for access to clinical trials. sooner; they are going to get the care The PRESIDING OFFICER. The time External appeals, which are abso- they need quicker. has expired. lutely essential: 32 States have no pro- The net result of that is that they do Mr. EDWARDS. Thank you, Mr. vision for independent external ap- not need the ongoing, chronic, long- President. peals. term care that many patients, unfortu- Mr. CHAFEE addressed the Chair. Access to specialists: 39 States have nately, have to get because they do not The PRESIDING OFFICER. The Sen- no provision allowing people to des- see the physician they need to see as ator from Rhode Island is recognized. ignate a specialist as their primary quickly as they need to see them. That Mr. CHAFEE. Mr. President, one of care provider, and 36 States have no is what the external review process the key issues in this debate is the provision for standing referrals to spe- does. That is what the internal review scope of the provisions; that is, should cialists. process does. patient protections we are debating Continuity of care: 30 States have no I might add, those two things work in apply solely to those 48 million Ameri- continuity of care provisions. concert with the fact that, under our cans enrolled in the self-insured ERISA This list goes on and on. bill, an HMO can be held accountable plans or should they apply to all pri- The reality is, No. 1, that the major- in court for what they do. I want the vately insured Americans? Obviously, ity of States have none of the protec- American people to recognize what there can be varied views on this sub- tions we are talking about in the happens when an HMO cannot be held ject, as we heard from the Senator Democratic Patients’ Bill of Rights. accountable, when they are treated as from Maine, the Senator from Okla- That is the reason there is an enor- a privileged entity. And under existing homa, and otherwise on the floor mous public outcry. That is the reason law they are a privileged entity. They, today. we have a health care crisis in this among all the businesses and corpora- In 1996, through the Kassebaum-Ken- country today, and it is the reason I re- tions and individuals in this country, nedy law, Congress passed reforms to spectfully disagree with my colleague, get special treatment, treatment that the private health insurance market- the Senator from Maine. none of our families or our children or place with respect to portability. In my The second reason is, to the extent a our small businesses get. They are all opinion, we should use the same frame- State has passed any kind of patient held completely responsible. But work used then with respect to scope protection legislation and that legisla- HMOs, for some reason, are above the and effect on State law. Thus, we tion conflicts in any way with ERISA, rest of us. They are a cut above the should establish, I believe, a minimum it is preempted. It is absolutely pre- rest of us. They get special treatment. floor of Federal protection for all 164 empted, under existing law, if we never They cannot be held accountable in million privately insured Americans, pass anything. Even the laws that have court. not just those 48 million enrolled in been passed, to the extent those laws So what happens when an HMO self-insured ERISA plans. conflict in any way with the existing makes an arbitrary and capricious de- I see no reason for narrowing the ERISA statutes, are preempted by cision and a child suffers a serious in- scope of the patient protections in this ERISA. jury as a result and has a lifetime of next and far more consequential area The bottom line is this: No. 1, if medical care in front of them—for ex- of reform. Protections as critical to pa- State laws adequately dealt with this ample, a 7-year-old child? If the HMO tients as the right to a specialist when problem, we would not have the public can be held responsible, the HMO bears needed should apply to all Americans, I outcry, the horror stories which we that cost, as well they should bear that believe. have heard and will continue to hear in cost because they are responsible for it. Some of my colleagues argue that it this Senate over the course of the next But what happens if the HMO does is the individuals only in the self-in- week. not bear the cost? We know where the sured plans—those completely out of No. 2, the fact of the matter is, to the cost goes. It goes to us. It goes to the State reach—who should benefit from extent those laws exist—and they do American taxpayer. Because those kids these Federal protections. While it is not exist in the majority of States on do not have the money to pay for true that States do have the authority S8232 CONGRESSIONAL RECORD — SENATE July 12, 1999 to legislate patient protections for ance market is that there is not a com- very firmly, make sure these chal- these other plans, that alone, I believe, plete body of State law on privacy. For lenges are faced in a systematic way, is insufficient reason to deny these example, it is likewise true with re- such that a patient—again, I come basic quality improvements and safe- spect to patient protections. Consid- back to patients. We are going to hear guards to all 164 million Americans in ering only a few of the most important about cost and about managed care privately insured plans. Such a system patient protections, only 15 States companies and health maintenance or- would, in my judgment, create many have adopted an external review proce- ganizations and trial lawyers and costs unnecessary and inequitable cir- dure and only 13 States have adopted going up and big budgets. I hope cumstances for consumers and exacer- standing referrals to specialists. throughout this week we will come bate the already unlevel playing field It is important to note that by not back again and again to patients. Pa- which exists in the health insurance covering all Americans, many of the tients have to be at the center of this marketplace. most vulnerable insurance customers debate. Congress has recognized the need for will be left with no protection. You go When we talk about patients, we are minimal Federal guarantees regarding out to buy a policy. You do not have talking about a Patients’ Bill of health insurance in several instances. I employee benefit managers; you do not Rights, a bill of rights that patients think this is very important to note. have somebody to look after you like can expect when they are dealing with For example, in addition to the port- that; and you are at the mercy of the the health care system and with man- ability protections included in the insurers making decisions based solely aged care and with HMOs. We also need Kassebaum-Kennedy bill, all Ameri- or primarily on cost considerations. to be talking about the quality of care cans have been granted protections for To summarize, all Americans, I be- that is delivered. We need to be talking continuation of care under the so- lieve, should have these basic protec- about access and not ever forget about called COBRA, the Consolidated Omni- tions regardless of whether the plan the 43 million people who don’t have bus Budget Reconciliation Act of 1985. they are in is regulated at the State or health insurance. They have been given this protection Federal level. In fact, most Americans For the most part, people say: Well, in mental health parity. They have probably do not know who is respon- let’s deal with the people who have in- been given this protection in maternity sible for regulating their plan and surance, group health insurance with lengths of stay. They have been given should not have to worry when they managed care plans. Let’s make sure this protection just last fall when we are sick as to who is the regulator and their rights are protected. In doing passed the breast reconstructive sur- what protections they have as a result. that, let’s not forget that there is a gery protections. And we extended that They should have the assurance that whole group of people over here, 43 mil- to all Americans; we did not restrict it however their plan is regulated, it will lion people—too many people, inexcus- just to the self-insured under the provide them the care they need ac- able, I feel—who don’t have any health ERISA plans. cording to the most basic and common- insurance at all, making sure that Republicans and Democrats alike sense principles. when we fight for the rights of the peo- continue to recognize the need for Fed- I thank the Chair. ple who do have health insurance, we eral protections that apply to the en- Mr. FRIST addressed the Chair. don’t want to drive more people to the tire health insurance market. The ge- The PRESIDING OFFICER. The Sen- ranks of the uninsured, who don’t even neric nondiscrimination provisions of ator from Tennessee. have insurance in the first place. S. 326 would apply to plans beyond the Mr. FRIST. Mr. President, how much When we talk about the Patients’ self-insured ERISA plans. time do we have on this side? Bill of Rights, whether it is the gag Where is the logic in creating Fed- The PRESIDING OFFICER. Fifteen clause or access to specialists or scope eral protections applying to the entire and a half minutes. of the plan, let’s not forget that we are health insurance market regarding Mr. FRIST. Mr. President, I yield talking about individual patients. In these aspects of health insurance but myself 10 minutes. trying to get rights to one segment, not patient protections as fundamental The PRESIDING OFFICER. The Sen- let’s not go so far or too far in all the as access to external appeal or emer- ator from Tennessee is recognized. anger that we feel against managed gency services? Mr. FRIST. Let me just say at the care that it drives up the ranks of the Furthermore, as with many other outset that I, for one, am very glad uninsured. limited preemption laws on the books, that we are on this bill, the Patients’ Why is this access issue important? this approach would not preempt equal Bill of Rights. It is a bill that is ter- We know—studies document it again or stronger patient protections which ribly important to the American peo- and again—that in America, if you have been adopted by the States. ple. All of us know, as we conduct our have some health care insurance, the Look at this list. These are not town meetings around our various health care system does open up to you health matters. These are environ- States, that we have a real problem broadly. If you have no health care in- mental matters. They are consumer today in that today’s problem is re- surance at all, it is less likely that and other statutes. They start with the flected in the feeling of helplessness by that health care system will open up to Clean Air Act. All of these statutes patients, helplessness by physicians, you broadly. So the last thing I think provide a floor of Federal protections helplessness by other providers when it we want to do in this body is take that the States can and, in some in- comes to managed care. There are rea- rights to such an extreme that we drive stances, do go beyond. sons for that. up the number of uninsured, recog- The Federal Government has come As my colleagues know, I am a physi- nizing that access is a huge problem, a in, in all these instances, and said: This cian and was involved in the practice of huge challenge for our country. is a floor—Toxic Substances Control medicine and training for about 20 When I first started 20 years ago in Act, Safe Drinking Water Act. If you in years where every day—before coming the field of medicine, it was very dif- the State want to go further, fine, go to this body—I took care of many pa- ferent. The practice of medicine was ahead, but these are the minimals you tients, thousands of patients, well over basically straight out fee for service. have to do. That is what we are sug- 10,000 patients, and the changes have Very few physicians were in groups. gesting presents a real problem in the been tremendous over the last 20 years They were practicing by themselves. legislation that has been reported and as we look at how health care is deliv- They had full autonomy. They were then discussed by the Senator from ered and the reasons for it. making a very good living, basically Maine and the Senator from Oklahoma. Right now our society, our country is went to medical school and worked It is critical that the protections we caught up in a rapidly changing health very hard. They had professional ethics adopt this week in the Senate apply to care system. In all those changes and of ‘‘do no harm,’’ all of which continues all Americans, including those with in that evolution, many challenges today, except the system around them plans regulated by the States because have been introduced. Part of our re- has changed dramatically. Managed State protection is extremely spotty. sponsibility as Senators, as trustees to care 20 years ago was tiny. Today, One justification for applying privacy the American people, is to make sure managed care, coordinated care, health protections to the entire health insur- that we very gently, but in many ways maintenance organizations, if you look July 12, 1999 CONGRESSIONAL RECORD — SENATE S8233 at the overall, nongovernment cov- ‘‘medical necessity,’’ the issue of scope, on coverage; you have gone through erage is the majority of care that we of medical specialists, but amidst all of the internal appeals process, and now give. And as a product of that, we have that, let’s come back to the patient. you are outside. You go through an ex- this pendulum which has swung back Let me speak to what is in the Bill of ternal appeals process and that person and forth over time. It is true—that is Rights Plus Act, which is the Repub- also is independent. why we are debating this bill today— lican bill which is now on the floor, in So we have an internal appeals proc- there is no question that that pen- terms of scope. Scope really means who ess, and then we have an external ap- dulum has swung way over towards is being covered. Does this bill cover peals process, where you have an inde- managed care and away from indi- just a targeted population, the whole pendent physician reviewing the cov- vidual patients, individual people who population, a part of the population? erage and making the decision. In addi- need that care, who will go to bed to- You can almost look at it as a pie tion, that independent medical expert night worried that if they have a heart chart in your mind. makes the final decision on coverage— attack tomorrow, will they be taken There are a number of provisions in not a trial lawyer somewhere, not a care of appropriately, will they have each of these bills. You have to go court, not a lawsuit, but an inde- access to the emergency room, will through each of the provisions when pendent medical specialist makes the they have access to the appropriate you are talking about scope. final decision on coverage. That deci- When we talk about the issue of com- specialist. That is where this whole Pa- sion is binding; it is binding on the parative information in the Republican tients’ Bill of Rights comes in because plan. leadership bill, all group health plans Therefore, we aim at the heart of over the last 5 years or 10 years that would be required to provide a wide what I think is broken today; that is, if pendulum has swung way in the favor range of comparative information there is some sort of disagreement, if of managed care. Now, I believe we are going to hear a about health insurance coverage so the managed care is taking advantage discussion over the next week of how that the individual patient knows what in some shape or form of an individual we can best get that pendulum back to is covered and what is not covered, patient or individual physician, we what that relationship is, what they the middle and have that balance be- have an independent medical expert have actually signed, what that con- tween patients and physicians on the making the final decision, not some tract is about, what the network de- one hand and managed care on the statute written here in the Congress, scriptions are, what the cost-sharing other. not some definition that we try to give One of the objectives I would like to information is. The scope is complete, it if we try to define ‘‘medical neces- see as we go forward in a very rational all 124 million people in the Republican sity’’ in statute, but somebody who is way, after we cut away all the rhetoric, bill are covered by that particular pro- independent and outside of the system. going at each other and the hot debate, vision, the information. I mention that because when we are When we look at what I think is fun- is to come back and say: Let’s keep our talking about scope, all 124 million damentally the most important mecha- people in plans are covered, not a seg- eye on the ball. The ball is the patient nism by which we are fixing the sys- ment. It has nothing to do with ERISA, who is in this system of managed care, tem, getting that pendulum back over and non-ERISA, and State-regulated, and not physicians and trial lawyers in the middle between managed care and Federal-regulated. All 124 million and lawsuits, and make sure we say and the patients and the physicians, it Americans are covered by both self-in- that they are going to get the very best is the whole process of accountability, sured and fully insured group health care. If anything is going to happen to the grievance and appeals process, the plans. All 124 million Americans are in them, they know they will have certain internal review process, the external there. rights in this evolving, changing world. review process. Over the next 4 days, Again, when we talk of scope and It has gotten to the point that it is we will be talking a lot about how about the information components of not just anecdotal, but some managed these appeal processes work. our bill, everybody is covered. What I care, some health maintenance organi- If you look at the way health care is think is much of the heart and guts of zations have garnered so much power, delivered, I do believe this is one of this bill is the accountability provi- so much control that they have abused most important provisions in the Pa- sions, the accountability of managed the system. The whole accusation that tients’ Bill of Rights. Both bills ad- care, the accountability of coordinated some HMOs are in the business of prac- dress grievance and appeals, but I want care. Everybody is covered, all 124 mil- ticing medicine is hard to argue to make it very clear, in terms of the lion people. against. I think one of our objectives Republican bill, that the scope is com- Now, in our bill, we also have an im- needs to be to make sure that we don’t plete, with all 124 million Americans portant component on genetic informa- have insurance companies or managed covered. The scope is complete. All tion. As we all know, the human ge- care companies or HMOs practicing group health plans would be required nome project has been tremendously medicine. In other words, get that pen- to have written grievance procedures successful. We have 2 billion bits of in- dulum back to that patient, to that de- and have an internal review process. So formation coming out in the next sev- cisionmaking through that doctor-pa- if you have a patient who disagrees eral years and, with that, we raise the tient relationship. with the coverage from the plan, or a potential for insurance companies, or On the other hand, I think it is irra- doctor and a patient who disagree with managed care companies, to use that tional to assume that we will go back a plan, they will have someplace to go information to discriminate against a 20 years and not have managed care, in an internal review process. If they patient. In other words, if a patient not have coordinated care, not have don’t like what the internal review had a test, and there was an 80-percent health maintenance organizations. process says, if there is disagreement chance that a patient would develop That being the reality, we want to on coverage between the doctor, the cancer, and that information were to have a strong Patients’ Bill of Rights patient, and the plan, they can go out- get out, an insurance company might that looks to those patient protections side the system to an external review say: We are not going to insure you. that empower the patient, empower the process. That is interesting information so we American citizen, empower the physi- Now, what I like very much about are going to raise your rates. cian and bring that pendulum back our plan, which I think is very impor- We are not going to let that happen. over to that doctor-patient relation- tant, is that our external review proc- That provision in our bill—which is not ship, to keep the patient in charge. ess has a physician in charge. It is not in the Democrats’ bill—basically cov- We have on the floor now a Demo- an insurance company; it is not a trial ers everybody. Scope is complete. cratic bill, a Republican leadership lawyer; it is not a bureaucrat. It is a Now, the one area where scope is tar- bill, and we have one amendment talk- medical—I will use the word—‘‘spe- geted in a particular area is what we ing about the scope. We will need to cialist,’’ if necessary, in that field who call the consumer protections, patient come back to talk a little bit more is independent of the doctor, the pa- protections. That is the gag clause, the about scope because it is one of the im- tient, and the plan. access to specialists, the prudent portant issues where there is a sharp Remember, that external appeals layperson access to emergency rooms, dividing line. We will hear words like process all started with a disagreement and the continuity of care. S8234 CONGRESSIONAL RECORD — SENATE July 12, 1999 Mr. President, do we have 1 minute The information that the Senator state respond to the needs of its own remaining? talked about is all very valuable, but consumers. The PRESIDING OFFICER (Mr. what this is about is clinical trials. As recently as this year, this matter BROWNBACK). That is correct. Their particular proposal requires a of fact was reaffirmed by the General Mr. FRIST. Mr. President, I will study of this particular provision. Accounting Office. GAO testified before yield 30 seconds to my colleague, Sen- There isn’t a clinical researcher out the Health, Education, Labor, and Pen- ator ENZI. Let me notify my colleague there, or I daresay a member of the Na- sions Committee, saying, ‘‘In brief, we that he will have more time than that. tional Cancer Institute at the NIH, who found that many states have responded Instead of yielding now, I will yield to does not support the importance of to managed care consumers’ concerns him in about a minute. clinical trials. That is what is at the about access to health care and infor- Mr. President, do we have 30 seconds heart of this. Those are the kinds of mation disclosure. However, they often left on the amendment? protections we are talking about here. differ in their specific approaches, in The PRESIDING OFFICER. The Are we going to make sure we will fi- scope and in form.’’ chairman will be recognized for 30 sec- nally have the accountability that is so Wyoming has its own unique set of onds. important to assure that plans are health care needs and concerns. But, despite our elevation, we don’t need Mr. FRIST. Mr. President, the last really going to be serious in guaran- the mandate regarding skin cancer area, in terms of focus, where the scope teeing good quality health care? that Florida has on the books. My fa- narrows down, is that for the specific Mr. President, on behalf of my col- vorite illustration of just how crazy a patient protections we cover the 48 leagues, Senators GRAHAM and others, nationalized system of health care million people. Why? Because they are is it in order for me to send an amend- mandates would be comes from my own not covered. They are not regulated by ment to the desk? time in the Wyoming Legislature. It’s the States, and that is why we target The PRESIDING OFFICER. Until the about a mandate that I voted for and that population. time has been used or yielded back on still support today. You see, unlike in The PRESIDING OFFICER. The Sen- the first-degree amendment, a second- Massachusetts or California, for exam- ator from Tennessee has 30 seconds re- degree amendment is not in order. ple, in Wyoming we have few health maining. Mr. KENNEDY. Mr. President, how care providers; and their numbers vir- Mr. FRIST. Mr. President, I yield the much time remains on the first-degree tually dry up as you head out of town. floor. amendment? So, we passed an any willing provider Mr. KENNEDY addressed the Chair. The PRESIDING OFFICER. There law that requires health plans to con- The PRESIDING OFFICER. The Sen- are 30 seconds on the Republican side tract with any provider in Wyoming ator from Massachusetts is recognized. and a minute and a half on the Demo- who’s willing to do so. While that idea Mr. KENNEDY. Mr. President, I yield crat side. may sound strange to my ears in any myself 3 minutes on the bill. Mr. KENNEDY. Mr. President, I yield other context, it was the right thing to The PRESIDING OFFICER. The Sen- our time. do for Wyoming. But I know it’s not ator is recognized for 3 minutes on the Mr. FRIST. Mr. President, I suggest the right thing to do for Massachusetts bill. the absence of a quorum. or California, so I wouldn’t dream of Mr. KENNEDY. Mr. President, I am The PRESIDING OFFICER. There is asking them to shoulder that kind of not going to take the time right now. I not sufficient time to suggest the ab- mandate for our sake when we can sim- was waiting for my good friend, Dr. sence of a quorum. ply, responsibly, apply it within our FRIST, to be able to get into the ques- Mr. FRIST. Mr. President, I yield 10 tions of scope. I was waiting for Dr. borders. minutes to Senator ENZI to speak on An extra, unnecessary layer of man- FRIST to and answer why the protec- the general debate time. dates, whether they be for certain tions included in our legislation—for The PRESIDING OFFICER. The Sen- kinds of coverage or for a protection example, the guarantees for emergency ator from Wyoming is recognized for 10 that not everybody needs or wants, are room care, the access to specialists minutes on the general debate time. so-called ‘‘protections’’ we simply who might be necessary to care for a Mr. ENZI. Mr. President, I am sorry shouldn’t force people to pay for. If we sick child, the formulary protections that in my absence from the floor for a were all paying for skin cancer that were included in our legislation, few minutes there was some exception screenings that only a few of us need or should not apply to all Americans. I taken to the comments that I made want, or if we were all paying for any was waiting to ask Dr. FRIST why the about the Democrats’ proposal for this willing provider mandates that only Republican House of Representatives one-size-fits-all, budget-busting Fed- some of us need to assure access, then bills protect 124 million Americans, eral bureaucracy bill. we’d all be one of two things—either while the Senate Republican legisla- I am pleased now to return to be able over-charged, not-so-savvy consumers, tion falls woefully short on those par- to talk a little bit more about States or we’d be uninsured. ticular protections. rights and to support the scope of the As consumers, we should be down- I hope in these next few days we Republican amendment. right angry at how some of our elected come back to what this whole debate is Among the handful of principles that officials are responding to our concerns about, the commonsense protections are fundamental to any true protection about the quality of our health care that are included in this bill. That is for health care consumers, probably and the alarming problem of the unin- what is important. Are we really going the most important one is allowing sured in this country. It is being sug- to have the protections necessary to States to continue in their role as the gested that all of our local needs will guarantee the prudent layperson’s primary regulator of health insur- be magically met by stomping on the judgment is used in determining ance—not a Federal bureaucracy. good work of the states through the whether emergency room treatment is This is a principle which has been imposition of an expanded, unenforce- covered? Are we going to have that? recognized—and respected—for more able federal bureaucracy. It is being Are there going to be real protections, than 50 years. In 1945, Congress passed suggested that the American consumer or are we going to have in the fine the McCarran-Ferguson Act, a clear ac- would prefer to dial a 1–800–number to print something that effectively cre- knowledgment by the federal govern- nowhere versus calling their State In- ates a loophole? Let’s get to addressing ment that states are indeed the most surance Commissioner, a real person that issue. appropriate regulators of health insur- whom they’re likely to see in the gro- Let’s start talking about guaran- ance. It was acknowledged that states cery store after church on Sundays. teeing access to clinical trials, which are better able to understand their con- As for the uninsured population in are so important to women who have sumers’ needs and concerns. It was de- this country, carelessly slapping down cancer. Clinical trials may be the only termined that states are more respon- a massive new bureaucracy on our option for saving their lives—yet their sive, more effective enforcers of con- states does nothing more than squelch medical doctor says this is in your best sumer protections. And, as if we need their efforts to create innovative and interest but the HMO says no. That is to re-learn this lesson yet again, it is flexible ways to get more people in- what this legislation is about. usually for the best when we let each sured. We should be doing everything July 12, 1999 CONGRESSIONAL RECORD — SENATE S8235 we can to encourage and support these of what they’ve done for health care (1) Congress agreed that States should efforts by states. We certainly consumers, saying, ‘‘The states have have primary responsibility for the regula- shouldn’t be throwing up roadblocks. already adopted statutory and regu- tion of health insurance when it passed the And how about enforcement of the latory protections for consumers in McCarran-Ferguson Act in 1945. minority’s proposal? fully insured plans and have tailored (2) The States have done a good job in re- One of the findings of the amendment sponding to the consumer concerns associ- these protections to fit the needs of ated with a rapidly evolving health care de- reads as follows, ‘‘It would be inappro- their states’ consumers and health care livery system and have already adopted stat- priate to set federal health insurance marketplaces. In addition, many states utory and regulatory protections for con- standards that not only duplicate the are supplementing their existing pro- sumers in fully-insured health plans and responsibility of the 50 State insurance tections during the current legislative have tailored these protections to fit the departments but that also would have session based upon particular cir- needs of their States’ consumers and health to be enforced by the Health Care Fi- cumstances with their own states. We care marketplaces. nancing Administration (HCFA) if a do not want states to be preempted by (3) 117,000,000 Americans who are enrolled State fails to enact the standard.’’ In Congressional or administrative ac- in fully insured plans, governmental plans other words, not only is it being sug- tions.’’ I’m stunned that their plea is and individual policies are protected by so easy for some to ignore. State patient protections. gested that we trample the traditional, (4) Forty-two States have already enacted overwhelmingly appropriate authority I will not undo what’s good in Wyo- ming only to offer my constituents a Patient’s Bill of Rights. of the states with a three-fold expan- (5) Forty-seven States already enforce con- sion of the federal reach into our na- what’s good for Washington. That’s my sumer protections regarding gag clauses on tion’s health care, they want HCFA to mandate from them. doctor-patient communications. When we balk at the minority’s ‘‘one- be in charge. HCFA, the agency that (6) Forty States already enforce consumer size-fits-all’’ proposal, it sounds like leaves patients screaming, has doctors protections for access to emergency care such a cliche, but the health care needs quitting Medicare, and, lest we not for- services. and wants in this country are a living, (7) Thirty-one States already enforce con- get, is the agency in charge as the breathing example of why a singular sumer protections requiring a prudent Medicare program plunges towards approach is a bad prescription for layperson standard for emergency care. bankruptcy. American consumers. No one should be (8) The Employee Retirement Income Se- I could go on at length about the forced to swallow this poison pill. curity Act of 1974 (referred to in this section very real dangers of empowering HCFA I yield the floor. as ‘‘ERISA’’) expressly prohibits States from to swoop into the private market with The PRESIDING OFFICER. Who regulating the self-funded employer spon- its embarrassing record of patient pro- sored plans that currently cover 48,000,000 yields time? Americans. tection and enforcement of quality Mr. NICKLES. Mr. President, I sug- standards. For example, it took ten (9) The National Association of Insurance gest the absence of a quorum. Commissioners has recommended that Con- years for HCFA to implement a 1987 The PRESIDING OFFICER. On whose gress should focus its legislative activities law establishing new nursing home time? on consumers in self-funded ERISA plans, standards intended to improve the Mr. NICKLES. On my time equally which are under the Federal Government’s quality of care for some of our most divided. exclusive jurisdiction, and preserve the vulnerable patients. According to the The PRESIDING OFFICER. Without State protections that already exist for con- General Accounting Office, HCFA objection, it is so ordered. sumers in fully insured ERISA plans. missed 25 percent of its implementa- The clerk will call the roll. (10) The National Association of Insurance tion deadlines for the consumer and The legislative clerk proceeded to Commissioners has expressly stated that call the roll. they do not endorse the concept of a Federal quality improvements to the Medicare floor with regard to patient protections. program which were required under the Mr. NICKLES. Mr. President, I ask unanimous consent that the order for (11) Senate bill 6 (106th Congress) would Balanced Budget Act of 1977—10 years. greatly expand the Federal regulatory role Even more alarming is that HCFA is the quorum call be rescinded. over private health insurance. still using health and safety standards The PRESIDING OFFICER. Without (12) It would be inappropriate to set Fed- for the treatment of end-stage kidney objection, it is so ordered. eral health insurance standards that not Mr. NICKLES. Mr. President, I ask disease that are 23 years old! Equally only duplicate the responsibility of the 50 unanimous consent to yield back the astonishing is that HCFA has yet to State insurance departments but that also remainder of our time on the last would have to be enforced by the Health Care update its 1985 fire safety standards for amendment. Financing Administration if a State fails to hospitals. HCFA is a federal bureauc- The PRESIDING OFFICER. Without enact the standard. racy at its worst, making it the last objection, it is so ordered. (13) One size does not fit all, and what may place to which we want our consumer be appropriate for one State may not be nec- AMENDMENT NO. 1234 TO AMENDMENT NO. 1233 protection responsibilities to revert. essary in another. (Purpose: To do no harm to Americans’ (14) It is irresponsible to propose vastly ex- The message is pretty clear to me. Health Care Coverage and expand health panding the Federal Government’s role in Expanding the role of the federal gov- care coverage in America) regulating private health insurance at a ernment well beyond its lawful author- Mr. NICKLES. I send an amendment ity would be a big mistake. The scope time when the Health Care Financing Ad- to the desk and ask for its immediate ministration is having such a difficult time of federal authority under the Em- consideration. fulfilling its current and primary respon- ployee Retirement Income Security The PRESIDING OFFICER. The sibilities for Medicare. Act (ERISA) with regard to the regula- clerk will report. (15) In August, 1998, the United States tion of health care is well understood. The assistant legislative clerk read Court of Appeals affirmed a district court Duplicating, complicating and ulti- as follows: ruling that the Health Care Financing Ad- mately unraveling 50 years of state ex- The Senator from Oklahoma [Mr. NICK- ministration failed to enforce due process re- perience and subsequent action makes LES], for Mr. SANTORUM for himself, Mr. quirements and monitor health maintenance organization denials of medical service to no sense. For those of my colleagues BOND, Mr. NICKLES, Mr. HUTCHINSON, and Mr. medicare beneficiaries. who think no one is bothered by that, CRAIG, proposes an amendment numbered 1234 to Amendment No. 1233. (16) On April 13, 1999, the General Account- I, and the 117 million Americans cur- ing Office testified that the Health Care Fi- rently protected by State health insur- Mr. NICKLES. Mr. President, I ask nancing Administration failed to use its au- ance standards, beg to differ. unanimous consent reading of the thority to ensure that medicare beneficiaries Our federal responsibility lies with amendment be dispensed with. were informed of their appeals rights under the 48 million consumers who fall out- The PRESIDING OFFICER. Without managed care plans. side the jurisdiction of state regula- objection, it is so ordered. (17) The General Accounting Office testi- tion. That’s our scope; that’s our The amendment is as follows: fied at a July, 1998 hearing in the Ways and Means Committee of the House of Represent- charge. That’s what the states are po- Strike all after the first word in line three and insert the following: atives that the Health Care Financing Ad- litely reminding us of right now. SENSE OF THE SENATE CONCERNING THE SCOPE ministration missed 25 percent of the imple- In March of this year, the National OF A PATIENTS’ BILL OF RIGHTS. mentation deadlines for the consumer and Association of Insurance Commis- (a) FINDINGS.—The Senate makes the fol- quality improvements to the Medicare pro- sioners implored us not to make a mess lowing findings: gram under the Balanced Budget Act of 1997. S8236 CONGRESSIONAL RECORD — SENATE July 12, 1999 (18) The Health Care Financing Adminis- We think that would be a mistake. health care costs. We are expanding ac- tration should not be given new, broad regu- We don’t think that, many times, the cess. We are making it possible for latory authority as they have not adequately Federal Government knows best. That more people to buy health insurance. I met their current responsibilities. (19) The Health Care Financing Adminis- doesn’t mean all State plans are ad- hope we will have strong bipartisan tration took 10 years to implement a 1987 ministered perfectly. It doesn’t mean support for this provision. law establishing new nursing home stand- that they are not without problems. This amendment is a second-degree ards. We just don’t think HCFA—the Health amendment to the underlying amend- (20) The Health Care Financing Adminis- Care Financing Administration—over- ment offered by Senator KENNEDY and tration has yet to update its 1985 fire safety ruling States, dictating to the States, Senator DASCHLE that tries to expand standards for hospitals. or this Congress, or Senator KENNEDY, the scope that says the Federal Gov- (21) The Health Care Financing Adminis- should be saying: States, here is what ernment knows best. We say no, the tration is utilizing 1976 health and safety standards for the treatment of end-stage kid- we know should be in your plan. States should be the primary regulator ney disease. We state that in the sense of the Sen- over health insurance, and self-em- (22) ERISA preempts State requirements ate. ployed individuals should be entitled to relating to coverage determinations, griev- We also state some other things that deduct 100 percent of their health care ances and appeals, and requirements relating come not just from Republicans but premium. to independent external review. from the GAO. The Health Care Fi- I yield to my colleague from Arkan- (23) In a recent judicial decision in Texas nancing Administration has, in para- sas such time as he desires. (Corporate Health Insurance, Inc. V. The Texas The PRESIDING OFFICER. The Sen- Department of Insurance), the lower court graph 16, stated: held that ERISA does preempt the State’s On April 13, 1999, the GAO office testified ator from Arkansas. external review law as it relates to group the Health Care Financing Administration Mr. HUTCHINSON. Mr. President, I health plans. failed to use its authority to ensure that rise in very strong support of the sec- (b) DEDUCTION FOR HEALTH INSURANCE Medicare beneficiaries were informed of ond-degree amendment of the Senator COSTS OF SELF-EMPLOYED INDIVIDUALS IN- their appeals rights under managed care from Oklahoma, the sense of the Sen- CREASED.—IN GENERAL.—Section 162(l)(1) of plans. ate regarding the State being the pri- the Internal Revenue Code of 1986 (relating HCFA failed, according to the GAO. mary regulator of health insurance to special rules for health insurance costs of Yet Senator KENNEDY’s bill says: We self-employed individuals) is amended to plans, as well as the provision sup- read as follows: want to give HCFA more power. porting 100 percent deductibility for ‘‘(1) ALLOWANCE OF DEDUCTION.—In the case Section 17 says the GAO testified in a the self-employed. of an individual who is an employee within July 1998 hearing in the Ways and We talk about scope. We talk about the meaning of section 401(c)(1), there shall Means Committee, House of Represent- increasing the number of people in this be allowed as a deduction under this section atives, that the Health Care Financing country who have health insurance. an amount equal to the amount paid during Administration missed 25 percent of This is one of the most important steps the taxable year for insurance which con- the implementation deadlines for con- we could possibly take. stitutes medical care for the taxpayer, the sumer and quality improvements to taxpayer’s spouse, and dependents.’’ Over the next 3 days, the Senate will (c) CLARIFICATION OF LIMITATIONS ON OTHER the Medicare Program under the Bal- debate legislation that will impact the COVERAGE.—The first sentence of section anced Budget Amendment of 1997. lives of every American in terms of 162(l)(2)(B) of the Internal Revenue Code of Senator COLLINS alluded to that ear- health care benefits they receive. The 1986 is amended to read as follows: ‘‘Para- lier. Kennedy bill that we will talk a lot graph (1) shall not apply to any taxpayer for Section 18 states the Health Care Fi- about in the next few days, while called any calendar month for which the taxpayer nancing Administration should not be participates in any subsidized health plan the Patients’ Bill of Rights, is cer- maintained by any employer (other than an given new, broad authority as they tainly not as simple as it sounds. It in- employer described in section 401(c)(4)) of the have not adequately met their current volves decreased access; it involves taxpayer or the spouse of the taxpayer.’’ responsibilities. higher costs; and it involves the qual- (d) EFFECTIVE DATE.—The amendments I could go on. ity of our Nation’s health care. made by this section shall apply to taxable Section 1 of this amendment states In 1997, the percentage of uninsured years beginning after December 31, 1998. the States should maintain primary individuals under the age of 65 in my Mr. NICKLES. Mr. President, for the regulatory authority over health care. home State of Arkansas was 28.2 per- information of our colleagues, let me Section 2 states that self-employed cent. Arkansas ranks the lowest in the outline where we are procedurally. We individuals should be able to deduct 100 country in terms of the percentage of notified Members under the unanimous percent of their health care premiums. individuals covered by private insur- consent request that we would lay It is ironic that when we talk about ance and is second to dead last in down S. 6, the so-called Kennedy bill, health care we have such inadequate, terms of the percentage of workers cov- to mark up. The Democrats offered a inequitable treatment under the ered by employment-based health in- substitute to that, the Republican bill present Tax Code. Corporations deduct surance. that passed out of the Labor Com- 100 percent of their health care costs; An even more alarming figure is that mittee, S. 326. self-employed individuals deduct 45 The Democrats then offered a first- Arkansas has the highest rate of unin- percent. I personally am offended by degree perfecting amendment to the sured children in the Nation. I applaud that provision. I used to be self-em- substitute, to the Republican bill. the efforts of our Governor in Arkansas ployed, and I used to run a corporation. Their amendment dealt with scope. and the State legislature in trying to Their amendment says: We want the I wanted health care for my family in change that, but still it is a very Federal Government to have far-rang- both circumstances. When I was self- alarming figure. ing scope to overrule all State plans. employed, you could deduct almost Any legislation this body passes will All State plans must do such and such nothing. Any person self-employed have a direct impact on Arkansas under their first-degree amendment. today can deduct 45 percent. Under the workers and families. The bill intro- I am offering a second-degree amend- present Tax Code, in another 8 years duced by Senator KENNEDY and his col- ment on behalf of my colleagues. The they finally get to deduct 100 percent. leagues would increase premiums by as amendment would do two things. One, That is a mistake. It needs to be rem- much as 6.1 percent according to the it is the sense of the Senate that the edied. We remedy it in this amend- Congressional Budget Office. If we pass States are the primary providers of ment. We provide 100 percent deduct- the Kennedy bill and were it signed health care, for good reasons. States ibility, beginning December 31, 1998—it into law, over 1.8 million people would have hundreds of mandates. We don’t would be effective immediately—100 lose their health insurance coverage. think the Federal Government should percent deductibility for the self-em- We see heartrending portrayals of come in and say: We know best; Sen- ployed. those who have been denied care under ator KENNEDY knows what is best; I want my colleagues to understand managed care plans, and we ought to HCFA knows what is best; the Health that under this provision we are cor- be concerned about that. That is why Care Financing Administration should recting the fact that the self-employed we have a bill that is going to provide regulate all health care plans. can only deduct 45 percent of their protections for 48 million Americans July 12, 1999 CONGRESSIONAL RECORD — SENATE S8237 under self-insured ERISA plans. But as are taking their insurance away from States in this area, as opposed to what Senator FRIST from Tennessee well them? the Republican bill does, building upon pointed out, let’s not forget the mil- By contrast, the Republican Pa- the good works the States have already lions, over 40 million Americans, who tients’ Bill of Rights Plus Act, I be- done in patient protections. are without any health insurance at all lieve, is both rational and responsible. Mr. President, 42 States have already and whose numbers are going up by the It protects those who are not covered enacted a Patients’ Bill of Rights; 47 day. by State regulations. It ensures that States already enforce consumer pro- The Kennedy bill, by increasing pre- health insurance premiums will not tections regarding gag clauses on doc- miums over 6 percent, will result in rise more than a fraction of a percent tor-patient communications; 40 States over 1 million, nearly 2 million more according to CBO. It also provides im- already enforce consumer protections Americans being added to the ranks of portant tax incentives to increase ac- for access to emergency care services; the uninsured. Let’s not forget those. cess to health insurance for the current 50 States, every State already has re- Those are the ones who are most vul- uninsured population, including the 100 quirements for grievance procedures; nerable. If we could only put up their percent deductibility of health insur- and 36 States already require direct ac- portraits, portrayals of those millions ance premiums for the self-employed cess to an OB/GYN. of Americans who, day in and day out, and the expansion of medical savings are living without the protection that accounts. The Kennedy bill imposes a blanket most Americans take for granted in There are few more effective things of heavy-handed Federal mandates on their health insurance plans, I think we could do in the area of patients’ States and throws away the States’ we would see the Kennedy bill, the so- rights to expand access than to include hard work to tailor patient protections called Bill of Rights, in a different the self-employed and give them that for their populations’ specific needs. light altogether. 100-percent deductibility that they so One size does not fit all. What may be If we pass the Kennedy bill, 1.8 mil- deserve. According to one recent poll appropriate for California may not be lion people will lose health insurance by Public Opinion Strategies, 82 per- appropriate for a rural State such as coverage they now have. That is dem- cent of the public want Congress to Arkansas. onstrated by a Lewin study commis- make health care more affordable. The When the Congress passed the sioned by the AFL–CIO which shows Republican Patients’ Bill of Rights McCarran-Ferguson Act in 1945, it that for every 1 percent increase in pre- Plus Act responds to that need and agreed that States should have pri- miums an additional 300,000 people will that overwhelming desire of the Amer- mary responsibility for the regulation become uninsured. ican people. of insurance. The National Association My colleague, Senator KENNEDY, dur- Does the Kennedy bill do anything of Insurance Commissioners has also ing the markup of the Republicans’ Pa- for the 43 million uninsured Americans spoken on this issue. We have heard tients’ Bill of Rights Plus Act, stated in this country? The answer to that is about this on the floor of the Senate that this premium increase would be very simple, it is very plain, and I today. In a March 16, 1999, letter to spread out over several years; therefore think it is absolutely undisputed. The members of the Health and Education somehow that made it acceptable. I Kennedy bill does nothing to assist 43 Committee, the commissioners stated suspect that the 6-plus percent increase million Americans who do not cur- their concern. They said: in premiums being spread out over sev- rently have health insurance get that It is our belief that states should and will eral years and the additional 1.8 mil- insurance they so desperately need. It continue the efforts to develop creative, lion people added to the ranks of the does nothing. So while we hear from flexible, market-sensitive protections for uninsured which occurs over several bleeding hearts, while we hear emo- health consumers in fully insured plans, and years is of little comfort to those who tional stories, I ask my colleagues to Congress should focus attention on those will lose their insurance as a result of remember, I ask the American people consumers who have no protections in self- this bill. No matter how you slice it, to remember, the 43 million who cur- funded ERISA plans. the total number of people impacted, rently do not have insurance need to That is precisely what the Repub- the 1.8 million people impacted, re- have it more accessible. The Repub- lican bill does. Congress needs to act to mains the same. That is simply unac- lican bill does that while providing protect the 48 million Americans cov- ceptable. greatly enhanced protections for the 43 ered by self-insured ERISA plans. It Last year, 98 Members of the Senate million Americans who are in self-in- should not override the States in the voted for an amendment expressing sured plans under ERISA. Not only area that they have primary responsi- their belief that Congress should not does the Kennedy bill increase cost and bility. increase the number of uninsured. decrease access, it creates a whole new ENNEDY, says the Clearly, the Kennedy health care bill system of Government-run health care. My colleague, Mr. K Republican bill leaves millions of violates this statement of belief. The The Kennedy bill would create 359 new Americans without any protection. uninsured population in the United Federal mandates, 59 new sets of Fed- That is false. If you are not covered by States grew from 32 million to, most eral regulations, and would require an ERISA self-insured plan, you fall recently, 43 million in 1997. It is certain 3,828 new Federal bureaucrats to en- under the protections enacted by your the Kennedy legislation will only make force the legislation at a cost to tax- State legislature, a group in which this growing problem even worse. payers of $155 million per year. The most Americans have greater con- The result of passing the Kennedy question begs to be asked: Who will fidence, I daresay, than in their Fed- health care bill is more hard-working benefit from this new bureaucracy and eral officials hundreds of miles away. Arkansas families, more American maze of Government regulation? Pa- This is why the Republican bill applies families will go without health care in- tients? Or the bureaucrats? I think we patient protections to the 48 million surance. The Kennedy bill gives quality know the answer. health care only to those who can af- It is illustrated by a chart we have Americans who currently do not have ford it. On average, the Kennedy bill already seen today. The bottom of this any protections. It is sound policy and would cost employees an additional chart, a summary of the effects of the it makes good sense. $183 per year according to the Congres- Kennedy bill, are all of the new man- The Republican bill also creates new sional Budget Office, and the cost for dates that would be imposed as a result rights for millions more Americans. families under the Kennedy bill is esti- of the Kennedy legislation. Flowing For instance, all 124 million Americans mated to be an additional $275 per year. from these mandates are the arrows in employer-sponsored health plans Whether it is $183 or $275 per year, the and all of the various bureaucratic will have an improved internal appeals Kennedy bill places a huge additional agencies required to enforce the Ken- process available to them as well as a expense on American families which nedy health care bill. new, independent, external review many simply cannot afford. What the It is simply a one-size-fits-all ap- process. These 124 million Americans Democrats give with one hand, they proach to regulating health care in this will also be entitled to clear and com- take away with the other. How can you country. It disregards the good work plete information about their health say you are protecting people when you that has already been done by the plan, about what their health plan does S8238 CONGRESSIONAL RECORD — SENATE July 12, 1999 and what it does not cover, about co- insurance from your taxes like other Mr. NICKLES. Mr. President, I was a payments, and about other plan proce- Americans do. little disappointed when I heard my dures and policies. Our bill also im- I introduced legislation along these colleague say the Republican amend- proves existing Federal law on insur- lines more than 10 years ago in the ment is a diversion. The Republican ance underwriting with regard to pre- House. I introduced it in the Senate amendment is an effort to increase ac- existing conditions by ensuring that all with Senator BOND of Missouri and cess to quality health care for the self- 140 million Americans’ group and indi- Senator COLLINS of Maine. It is bipar- employed. We have 43 million Ameri- vidual plans will not be discriminated tisan. It is universal. It will easily cans who are uninsured today. We want against by health insurers on the basis pass. And it is a diversion from the de- to help them get insurance. of predicted genetic information. Iron- bate. It is a diversion. A large number of the people who are ically, Senator KENNEDY’s bill includes The Republicans want to talk about uninsured are self-employed. They are several provisions that were specifi- access to health insurance, which is in small businesses. Small cally rejected by the President’s Advi- important; the Democrats believe it is businesspeople who are just starting sory Commission on health care qual- equally important to talk about the their businesses sometimes have a hard ity. quality of the health insurance that time getting quality fringe benefit For example, State-run ombudsman you are buying. packages. Almost all of the larger cor- programs were rejected by the Com- It is ironic as well that the Repub- porations have health insurance and mission. Yet they are included in the licans offer this amendment so that the pension benefits. But most job growth Kennedy bill. This is the President’s self-employed people in America can is in small businesses, and a lot of Advisory Commission on health care buy insurance. When I take a look at small businesses have not had time yet quality. their underlying bill, which you might to develop and expand a fringe benefit The Kennedy bill also includes 12 find surprising, it says those same peo- program, including access to quality other Federal mandates that were not ple who will now be able to buy insur- health care. specifically recommended by the Presi- ance will enjoy none of the protections When they find out they can deduct dent’s Advisory Commission. of the Republican bill. On the one hand 100 percent of their wages but they can- In its report, the Commission states they say: Buy the insurance. But on not deduct but 45 percent of their that it sought to ‘‘balance the need for the other hand they say: We can’t guar- health insurance cost, what do you stronger consumer rights with the need antee that it is worth buying. think most self-employed people are to keep coverage affordable.’’ The Democratic approach is con- going to do? They might tell their em- That is the balance we have sought sistent: Help families buy insurance, ployees: I will just give you the money to maintain in our Republican bill. It make sure the insurance policy is and you buy the insurance yourself; I is rejected by the Democrats in the worth owning, make sure that in time cannot deduct it so why spend it? I Kennedy bill; it is embodied in the Re- of family crisis you are protected. want to spend my money in my busi- publican Patients’ Bill of Rights Plus The Republican approach is: We will ness operations. Everything I spend Act. help you buy it, but we cannot tell you should be deductible. The bottom line is that cost does whether it is worth buying or not. It is not. We are trying to remedy matter because cost is directly related They argue it is a matter of States that. to access and the number of uninsured rights. This is such a weak argument I am glad my colleague from Illinois in our country. If cost was not such a when you consider the 200 different or- says we have bipartisan support. I factor, why have the Democrats tried ganizations—the American Nurses As- know we passed a provision a year or to reduce CBO’s scoring of their own sociation, the American Medical Asso- two ago that phased it in gradually, bill? It is a factor. It is a big factor. It ciation, all of the different groups for but that is too long. We want to make is an important factor because it af- medical professionals—have said that it effective now. We want to make it fects who can buy insurance and how State regulation is not enough; we do where the self-employed get to deduct many millions of Americans are going not have a consistent national stand- 100 percent of their health care costs to go without insurance protection. ard of protection for American fami- just like corporations. Why not do it Guess how the Democrats thought lies. That is what the Democratic side now? That is not a diversion. about trying to reduce that CBO scor- is offering: a consistent national stand- When we promote our bill, we say Pa- ing. They sought to reduce the CBO ard. tients’ Bill of Rights Plus. What is the scoring by taking away legal remedies It bothers those on the Republican plus? We want to increase access. That currently available to those in ERISA side. They do not want to see this con- is in stark contrast to the Kennedy bill health plans. sistency. They think people who live in which will decrease access. Their bill A Patients’ Bill of Rights should not Oklahoma deserve perhaps more rights dramatically increases health care be about taking away existing rights. than those who live in Maine. They costs, and when you increase health The fact of the matter is, the Kennedy think people who live in Nevada should care costs, you are going to be driving bill would put health care out of reach be treated differently than people in Il- a lot of people into the ranks of the un- for close to 2 million Americans. It is linois. I disagree. Wherever you live in insured. We do not want to do that. not in this country’s best interest to America, if you buy health insurance, That is not a diversion. It just happens pass the kind of legislation that will you ought to know that it protects to be a fact. make insurance less affordable and less your family. To leave it to State legis- We want to make health insurance accessible to those who need it most. latures and to leave over 113 million more affordable. The people who can- I thank the Chair, and I reserve the Americans behind, as the Republicans not afford it, in many cases, are self- remainder of my time. have done with their approach, is not employed, and they get the short end The PRESIDING OFFICER. The Sen- fair. of the stick in the Tax Code. They are ator from Illinois. This second-degree amendment, not treated fairly in the Tax Code. We Mr. DURBIN. Mr. President, I rise to which allows self-employed people like are trying to remedy that. That is address the amendment. farmers and businesspeople to buy what we have in our amendment. Mr. REID. Mr. President, if the Sen- health insurance, is so universally pop- Also, we have in our amendment a ator will yield, I yield the Senator 3 ular we can accept it with a voice vote. finding of the Senate that, frankly, minutes on the amendment. But let it not divert us from our mis- HCFA does not do a very good job in Mr. DURBIN. Mr. President, the sion at hand: to make sure the insur- many cases. Despite what our col- amendment proposed in the second-de- ance that every American buys is leagues say—we want all these people gree amendment by the Republican worth owning. to have assurances and we want them side states a principle which is univer- I yield back the remainder of my to have all these guarantees. They are sally popular in the Senate. It is this: time. basically saying: We want the Health If you are a self-employed person buy- The PRESIDING OFFICER. Who Care Financing Administration of the ing health insurance, you should be yields time? The Senator from Okla- Federal Government to regulate insur- able to deduct the cost of that health homa. ance—we are saying no, that really July 12, 1999 CONGRESSIONAL RECORD — SENATE S8239 should not be the prerogative of the Mr. GRAHAM. Mr. President, I had matter of equity. Right now a multi- Federal Government to duplicate, over- thought that the Senator from Okla- national corporation can deduct 100 ride, overrule State regulation of in- homa was yielding back the remainder percent of the cost of health insurance surance plans. of the time on that amendment. premiums for its employees, and yet There is a difference. I am amazed Mr. NICKLES. No. the Tax Code discriminates against that people keep making the comment: Mr. GRAHAM. Therefore, I was going self-employed individuals. It allows The Republican plan leaves all these to offer the next in order second-degree self-employed individuals to deduct people unprotected, as if the States are amendment. only 45 percent of the cost of the not doing anything. Every State has a Mr. NICKLES. To clarify, I did not health insurance they purchase. That regulatory regimen set up to regulate yield back the remainder of the time. I is simply unfair. So this corrects an in- health insurance under their plans, and yielded the floor, just for the informa- equity in our Tax Code, and it is impor- our colleagues evidently on Senator tion of my colleagues. tant in terms of expanding access to KENNEDY’s side seem to think whatever Mr. GRAHAM. Mr. President, par- health insurance. the States are doing is not good liamentary inquiry. How much time is I disagree with those on the other enough; we know better, in spite of the remaining on this amendment? side of the aisle who contend, however, fact, if you look at HIPAA, the Health The PRESIDING OFFICER. The that somehow this very important pro- Insurance Portability and Account- Democrat side controls 47 minutes; the vision does not belong on this bill, that ability Act that Congress passed in Republican side controls 26 minutes. it is a diversion of some sort. That 1996, there are five States that are not Mr. GRAHAM. Is the time running statement tells me that my friends on complying. HCFA is supposed to be reg- during the quorum call? the other side of the aisle still do not The PRESIDING OFFICER. It was. ulating those plans, and they are not. understand the crux of this debate. The Mr. GRAHAM. I suggest the absence They are not complying with the law crux of this debate is, are we going to that we passed 3 years ago. The State of a quorum. The PRESIDING OFFICER. The pass legislation which will drive up the of Massachusetts is one of the States cost of health insurance to the point that is not complying. Maybe I have clerk will call the roll. The legislative assistant proceeded where we jeopardize coverage for 1.8 too much faith in the States, but I can- million Americans? That is the crux of not help but think the State of Massa- to call the roll. Ms. COLLINS. Mr. President, I ask this debate. chusetts is still interested in making unanimous consent that the order for This debate is not only about holding sure employees have portability and the quorum call be rescinded. HMOs accountable for the care that continuity of coverage, so I am not The PRESIDING OFFICER. Without they promise; it is not only about im- really faulting the State. I just find it objection, it is so ordered. proving the quality of care; it is not ironic that some people seem to think: Ms. COLLINS. Mr. President, I yield only about ensuring that people who Whatever the States are doing, it’s not myself such time as I may consume on are denied care that they need have the good enough. We know better. And the amendment. remedies to give them that care to en- HCFA, this grand almighty bureauc- The PRESIDING OFFICER. The Sen- sure that care is provided before harm racy of the Federal Government, can ator from Maine is recognized for such is done, but also this debate is about do better than the States. I disagree time as she may consume. ensuring access to health insurance. with that. Ms. COLLINS. Mr. President, I regret The single most important deter- So the second-degree amendment that my colleague and friend from Illi- mining factor about whether or not that we have states two things: One, nois, Senator DURBIN, has temporarily people have health insurance is its findings that the primary regulatory left the floor because I wanted him to cost. We face a growing problem with authority of insurance should be done hear my comments. uninsured Americans in this country. and handled by the States, not the Fed- I want to start by commending the It has gone to a record high 43 million eral Government; and, two, we should Senator from Illinois who has, indeed, Americans who lack health insurance. help the self-insured be able to have eq- been a leader in the effort to provide That is a terrible situation. uitable tax treatment comparable to 100 percent tax-deductibility for health We should not be passing any legisla- corporations; they should be able to de- insurance purchased by self-employed tion that is going to exacerbate that duct 100 percent of their health care individuals. I have been proud to be a problem. Yet that is exactly what the costs. cosponsor of the legislation he has in- Kennedy bill would do, by driving up I just hope that our colleagues, if troduced, as well as an identical bill in- the cost of health insurance to the they agree in the primacy of States, if troduced by Senator BOND, the chair- point where it would jeopardize cov- they believe in State regulation, if man of the Senate Small Business erage for 1.8 million Americans. That is they believe in the 10th amendment to Committee. more than the population of the entire the Constitution that says all other This issue has been an important one State of Maine. The last thing we need rights and powers are reserved to the to me. I believe it will help many of to do is to increase the pressure to States and to the people, respectively, our small business men and women drive up the cost and jeopardize insur- will adopt this amendment. I hope we throughout this Nation, including the ance for working Americans. will when we vote on this. For the in- 82,000 Mainers who are self-employed. The second part of Senator NICKLES’ formation of our colleagues, I expect They include, as you might suspect, amendment is also important. It af- the vote will occur sometime tomor- many of our farmers, our fishermen, firms the Federal policy that was row, most likely after the policy our lobstermen, our hairdressers, our passed back in the 1940s when Congress lunches. electricians, our plumbers, our small passed the McCarran-Ferguson Act giv- Mr. President, I yield the floor. shop owners. They are the ones who ing the States primary responsibility Mr. GRAHAM addressed the Chair. for insurance regulation. Some on this The PRESIDING OFFICER. The Sen- find it very difficult to afford the costs side of the aisle apparently believe ator from Florida. of health insurance. Who yields time? Indeed, the part of Maine’s popu- that we need a debate on the Mr. NICKLES. Mr. President, I sug- lation that has the most difficulty in McCarran-Ferguson Act. Fine. Let’s gest the absence of a quorum. affording health insurance is our self- have a debate on that. But we should The PRESIDING OFFICER. The employed individuals. By providing 100 recognize that until we repeal or clerk will call the roll. percent deductibility for health insur- change the McCarran-Ferguson Act, it The legislative assistant proceeded ance, we can assist these individuals in is the policy of this country and the to call the roll. affording health insurance coverage. law of the land that the States, not the Mr. GRAHAM. Mr. President, I ask We thus will be taking a very impor- Federal Government, have the primary unanimous consent that the order for tant step toward reducing the number, responsibility for the regulation of in- the quorum call be rescinded for pur- the growing number, of uninsured surance. It is a system that has worked poses of a parliamentary inquiry. Americans. well for more than 50 years. The PRESIDING OFFICER. Without But this provision is important for As someone who was responsible for objection, it is so ordered. another reason. It is important as a the Bureau of Insurance in the State of S8240 CONGRESSIONAL RECORD — SENATE July 12, 1999 Maine for 5 years, I know firsthand Nation has an insurance commissioner. fore our Health, Education, Labor, and what a good job our State regulators They have for many years worked to Pensions Committee and on March 16, do and how seriously they take their develop specific regulations of insur- 1999, they sent a letter stating the offi- responsibility of protecting consumers. ance plans within their own States. cial position of their association on the Indeed, in my capacity as commis- The reason we are here—and, in my matter as to whether or not the federal sioner of the Department of Profes- opinion, it is for a legitimate reason government ought to have control over sional and Financial Regulation, I —is because under the Federal law every plan in America. worked hard to strengthen the con- known as ERISA, certain state policies They said this: sumer division of our Bureau of Insur- are preempted. That is what this Con- It is our belief that states should and will ance. We took enforcement actions gress should concern itself with: the continue efforts to develop creative, flexible, against insurance companies that did kind of health care plans that cannot market-sensitive protections for health con- not live up to the letter and the spirit be regulated by the States. States have sumers in fully-insured plans. Those are the of Maine’s law. I can tell you that I set up policies regarding health care. plans that the States can regulate and do know the people of Maine would much They have passed regulations. The in- regulate data. Congress should focus attention on those rather make a phone call to Augusta to surance departments have promulgated their own regulations to address man- consumers who have no protections under the Bureau of Insurance and to ask for the self-funded ERISA plans. help—it has actually moved to Gar- aged care concerns in their own states, Now, that is exactly what this bill diner now—but to ask for help from the and I think it is healthy that that hap- does. It focuses on those plans. Bureau of Insurance’s Consumer Divi- pens. My time is up, and I yield the floor. sion than to try to figure out the maze Therefore, it is appropriate that we I believe the legislation as proposed is of Federal regulation and call the in Congress focus only on the policies precisely the course we should take. ERISA office in Boston for assistance. and insurance programs that fall under The PRESIDING OFFICER. Who I don’t think that is serving our con- the federal law ERISA. Many have attempted to create an yields time? sumers well. aura of fear by saying that health care I urge my colleagues to support Sen- Mr. NICKLES. Mr. President, I yield in America is failing and in great dan- to the Senator from Missouri, who has ator NICKLES’ amendment. It is an im- ger, and that people can’t count on portant amendment that will help ex- been one of the principal sponsors of their health care anymore. That is not pand access to health care while re- deductibility for the self-employed in what the people of America are saying. affirming the wisdom of the policy the Senate. How much time do we have I am not hearing them say that to me adopted more than 50 years ago when remaining? when I travel my State. When I have the Federal Government gave responsi- The PRESIDING OFFICER. The ma- town hall meetings, they are not lining bility to the States to be the primary jority side controls 14 minutes. up and complaining about that issue. regulator of insurance. Mr. NICKLES. I yield the Senator 13 They are, in most instances, well satis- Mr. President, I yield the floor and minutes and 30 seconds, reserving 30 fied. We can, and we will, help and im- reserve the remainder of the time on seconds for myself. prove health care in certain areas, but our side. The PRESIDING OFFICER. The Sen- I am just not hearing really outrageous The PRESIDING OFFICER. The Sen- ator from Missouri is recognized for 13 cries of widespread abuse. ator from Florida. minutes 30 seconds. In fact, in March of this year, March Mr. BOND. Mr. President, I thank the PRIVILEGE OF THE FLOOR 14 to be exact, the Mobile Press Reg- Chair and I thank my distinguished Mr. GRAHAM. Mr. President, I ask ister-University of South Alabama re- unanimous consent that two members colleague from Oklahoma. In a gesture ported a poll of Alabamians concerning of goodwill, I ask that the Chair notify of my staff, Mr. Matt Barry and Ms. their views of health care. This is the Melanie Nathanson, be granted the me when 13 minutes is up because I question that was asked: would like to hear a full minute from privilege of the floor for the balance of I would like to ask you a few questions consideration of this legislation. the Senator from Oklahoma. I very about health care. Which of the following much appreciate the opportunity to The PRESIDING OFFICER (Mr. FITZ- statements best describes your family’s discuss the amendment that the Sen- GERALD). Without objection, it is so or- health insurance coverage? dered. A number of potential answers was ator from Oklahoma has addressed and Mr. NICKLES. Mr. President, will the listed. The one that received the high- sent to the floor. Senator mind repeating the request? est vote: We have sufficient health in- First, let me put into context some The PRESIDING OFFICER. It was surance coverage. Sixty-nine percent of of my views about the competing Pa- floor privileges. the people in Alabama said: We have tients’ Bill of Rights. I happen to be Mr. NICKLES. No objection. sufficient health insurance coverage very proud to be a supporter of the ma- The PRESIDING OFFICER. Without for our family. jority or Republican Patients’ Bill of objection, it is so ordered. The second answer, which was the Rights Plus. I am proud to be one of 50 Mr. NICKLES. Mr. President, how second highest vote getter at 7 percent, Senators who cosponsored the majority much time remains on both sides on was: We probably have more coverage bill, and I will be proud to vote for the the amendment? than we need: We have insurance, but legislation. The PRESIDING OFFICER. The Re- we don’t have sufficient coverage: 16 As with anything we do up here, publican side holds 19 minutes, and the percent. We do not have health insur- there are probably some ways you Democrat side controls 47 minutes. ance at all: 6 percent. could say it is not perfect. But I believe Mr. NICKLES. I yield 5 minutes to Therefore, I suggest that what we in it is the best approach we have before our colleague from Alabama, Senator Congress need to do is recognize the us that places reasonable controls on SESSIONS. fact that we have a good health care managed care companies, while also The PRESIDING OFFICER. The Sen- system in the United States. The first helping rather than hurting access and ator from Alabama is recognized for 5 thing we should want to do is do no coverage problems. minutes on the amendment. harm and not destroy it. When you That is something that is extremely Mr. SESSIONS. I thank the Chair. have 76 percent of the people satisfied important to many Americans—having Mr. President, I appreciate very with their health care, then you have access and getting the coverage they much the outstanding remarks of the to conclude the system is doing well. In need. distinguished Senator from Maine on fact, we have the greatest health care When we look at the competing pro- her experiences dealing with insurance system in the world. posals, I think it is good to drop back issues in that State. I will make one more point. I know to the first rule of medicine, which is I served as attorney general of the the Senator from Missouri would like do no harm. I am stunned that with the State of Alabama until a little over 2 to make some comments, and I would bill offered on the other side, described years ago. I worked with the State in- like to yield the floor to him. as helping patients, we are faced with surance commissioner on a number of The National Association of Insur- the fact, according to the Congres- important issues. Each State in our ance Commissioners has testified be- sional Budget Office and others, that July 12, 1999 CONGRESSIONAL RECORD — SENATE S8241 over a million people who have health 1994, the Clinton plan, which had the ployed. I am very pleased that our dis- insurance today probably can’t afford Federal Government and its bureauc- tinguished majority whip, the Senator it tomorrow, and that thousands more racy controlling health care. When peo- from Oklahoma, has introduced an who were thinking they would be able ple took a look at that dog and found amendment that achieves, for this to get insurance would see that oppor- out how mangy it was, it failed, not be- year, full deductibility of health care tunity snatched away if their bill, cause the Republicans beat it, but be- costs. That means there is hope that which would drive up costs, were to cause nobody was willing to get out the health care premiums paid this pass. and support it—and with good reason. year will be fully deductible. I wonder how anyone can support The more people looked at it, the worse Now, my colleagues, the Senator such a backwards proposition that we it looked. from Maine and the Senator from Ala- are willing to price people out of health Well, the Congressional Budget Office bama, have already discussed the im- care in the name of helping them. That has given estimates that the Demo- portance of keeping insurance regula- is a fatal flaw, as I see it, in the Ken- cratic bill could raise health care pre- tion at the State level. As a former nedy plan: too much cost; too little miums anywhere from 5 to 6 percent, Governor, I can tell you that govern- gain. depending on which version of the bill ment insurance regulation, run at the In contrast, our Patients’ Bill of we are discussing. I have heard people State level, is readily accessible, it is Rights Plus contains basic, reasonable, on talk shows saying that is one Big more professional, and it is more re- commonsense patient protections; ac- Mac a month. Five percent of basic sponsive to the needs of the citizens. cess to emergency room care for which family health insurance at $3,600 a That is why I agree with the portion of their health plan will pay. Americans year—my math suggests that is a the amendment introduced by Senator shouldn’t have to worry that their in- whole lot more than a Big Mac a NICKLES which talks about moving surance won’t pay for necessary emer- month. We are talking in the neighbor- away from Federal Government take- gency room care. Our bill guarantees hood of $180 a year. over of health care regulation. that patients have information on CBO and others have told us that for But I am particularly pleased that treatment options. Doctors and pa- every 1 percent increase in costs, a cou- Senator NICKLES has introduced full tients need to be able to discuss openly ple hundred thousand people will lose deductibility based on the Self-Em- all possible treatment options without health care insurance. Under this bill, ployed Health Insurance Fairness Act gag rules. that means, under the Democratic of 1999, which I introduced on February Our bill provides access to a quick, version, over a million Americans or 3 of this year. I am very proud to have independent, expert appeals process. more could lose their health care cov- 30 bipartisan cosponsors. We are mak- Patients should get the care they need erage. ing progress when we work on a bipar- when they need it. There has been a lot I speak as chairman of the Com- tisan basis to assure full deductibility of talk on the other side about how we mittee on Small Business because cost of health care costs for the self-em- need to open up the courts for more increases for small businesses and ployed. I am proud to work with my costly litigation. Well, frankly, we small business employees is a No. 1 colleagues on both sides of the aisle. don’t want to see widows or orphans concern. We have listened to small According to the Employment Ben- having to sue because their bread- businesses, and we have heard from efit Research Institute’s estimates of winner did not get the health care he small businesses. They say: Please the March 1998 current population sur- or she needed. We want to make sure don’t do us any more favors. Don’t bur- vey, there are 21.3 million Americans they get that care promptly, effi- den us with more costly health care in families headed by a self-employed ciently, and effectively. plans. Small businesses are fighting to entrepreneur. Nearly a quarter—23.9 I am very pleased that the Patients’ try to get economical, caring, compas- percent—of them have no health insur- Bill of Rights Plus contains important sionate, effective health care for their ance. That is 5.1 million uninsured pediatric and maternal health care pro- employees and for the business owners Americans. Even more troubling, that tections, which I introduced earlier themselves. Small business owners are means that the 21.1 percent of the chil- this year in what we call the Healthy particularly sensitive to the issue of dren in self-employed American fami- Kids 2000 legislation, which had broad cost. Small businesses—the owners and lies are uninsured; 1.3 million children support from major health care sup- their families, the employees and their have no coverage for annual checkups, porters, including children’s hospitals families—would be the ones who would let alone any major health care needs. and pediatricians, who are concerned pay for an extravagant bill. This amendment would address these about care for children. Nearly 40 years ago, President Ken- alarming statistics by providing an im- The Patients’ Bill of Rights Plus nedy told the Nation that a rising tide mediate—I mean right now, in real gives the right for a child to go see a would lift all boats. Unfortunately, the time—100 percent deductibility in order pediatrician without going through a bill before us turns that concept on its to make health insurance more afford- gatekeeper. It gives the right for a head, and perhaps a new doctrine is able and accessible to hard-working en- child to see a specialist with pediatric that rising costs will sink health care trepreneurs and their families. expertise, including going to children’s hopes. To me, that is a major concern. Let me add an additional perspective hospitals when necessary. It gives the As an alternative to this heavy- on the importance of this amendment. right to a woman to have direct access handed bureaucratic approach, the Pa- Today, one of the fastest growing seg- to an obstetrician or gynecologist tients’ Bill of Rights Plus, offered by ments of the small business commu- without having to go through some the Republicans, tries to increase ac- nity is the woman-owned business. gatekeeper. It gives the right to have a cess and coverage. Now, it is extraor- Women are opening businesses at a pediatric expert review a child’s case dinary and unconscionable that the bill very rapid rate. They are the ones with when appealing an HMO decision. In we are debating, the Democratic bill, the entrepreneurial spirit. They may other words, somebody who treats kids doesn’t do anything to improve access be operating out of their homes, they will be the one who will oversee the de- to health care. It seems that the only may be moving from another full-time cision and be able to participate in the thing our colleagues on the other side job, or they may just have a good idea. external review as to whether the kind of the aisle can think of to improve ac- But women are now seeing an oppor- of care the HMO proposes for a child is cess is to have Government-run care, tunity to start up their own businesses, appropriate for that child. like the Clinton health care plan of and we are very proud of the signifi- But just as important as what is in 1993 and 1994. Since that fell on its face cant contributions they are making to our Republican bill, the Patients’ Bill a few years ago, they seem not to have our economy. of Rights Plus, is what isn’t in it. It had any good ideas about how to get According to statistics from the Na- doesn’t contain the same costly bu- more people health insurance. tional Foundation for Women reaucratic provisions the Democratic We need to increase access. Perhaps Businessowners, there are now 9.1 mil- bill has. One would have thought they the most important part of our bill is lion women-owned businesses in the would have learned something when we the acceleration of the full deduction United States, which compromise al- had the health care debates of 1993 and of insurance costs for the self-em- most 38 percent of all U.S. businesses. S8242 CONGRESSIONAL RECORD — SENATE July 12, 1999 In addition, between 1987 and 1999, the a second job or through a spouse’s em- Mr. NICKLES. Mr. President, I ask number of women-owned firms in- ployer. The bill ends this disparity by unanimous consent that the second-de- creased by 103 percent nationwide— clarifying that a self-employed person gree amendment proposed by myself more than double. The reasons for this loses the deduction only if she actually and Senator BOND and others be tempo- explosive growth are manifold. Topping participates in another health-insur- rarily set aside. the list is greater flexibility in meeting ance plan. The PRESIDING OFFICER. Without the demands of family life, and the It has long been my goal that the objection, it is so ordered. ability to spend more time with chil- self-employed have immediate 100 per- The PRESIDING OFFICER. The Sen- dren. cent deductibility of health-insurance ator from Florida. Even more impressive, the National costs. I have sought every opportunity AMENDMENT NO. 1235 TO AMENDMENT NO. 1233 Foundation for Women Business Own- to achieve that goal, and I will keep (Purpose: To provide for coverage of ers reports that women-owned busi- coming back until we get this job done. emergency medical care) nesses employ more than 271⁄2 million I commend the Senator from Okla- Mr. GRAHAM. I send an amendment people, and that employment rate has homa for pushing for this amendment to the desk. increased by 320 percent over the past on the bill so that we can have bipar- The PRESIDING OFFICER. The 12 years. tisan, unanimous support for the effort clerk will report. Today, while self-employed woman to ensure that all Americans who are The assistant legislative clerk read business owners can deduct 60 percent self-employed will have the same kind as follows: of their health care costs thanks to the of benefits in terms of taxes that a The Senator from Florida (Mr. GRAHAM), strides that we made in previous years, large corporation or its employees do; for himself, Mr. REID, Mr. CHAFEE, Mrs. MUR- that is still not on a level playing field and that is 100 percent deductibility. RAY, Mr. DURBIN, Ms. MIKULSKI, Mr. SCHU- MER, Mr. KENNEDY, Mr. DASCHLE, Mr. BAU- with a large business which can deduct I am very proud to be a cosponsor of CUS, Mr. FEINGOLD, and Mr. DORGAN, pro- 100 percent. While the self-employed this amendment. I ask all of my col- poses an amendment numbered 1235. are slated to have full deductibility in leagues to join in supporting a very Mr. GRAHAM. Mr. President, I ask 2003, what woman business owner or forward-looking amendment which unanimous consent that reading of the her family members can wait 4 more deals with some of the significant prob- amendment be dispensed with. years to get sick? lems in the underlying bill offered by The PRESIDING OFFICER. Without By making health-care insurance our colleagues on the other side and objection, it is so ordered. fully deductible now, the added tax makes significant changes to assure ac- (The text of the amendment is print- savings will enable many women busi- cess to fair and equitable health care ed in today’s RECORD under ‘‘Amend- ness owners to cover their health-care insurance for all Americans. ments Submitted.’’) needs and those of their children. In I yield the floor. Mr. GRAHAM. Mr. President, on be- addition, it will encourage these The PRESIDING OFFICER. The Sen- half of the Senators listed, I offer an women entrepreneurs to provide health ator from Oklahoma. amendment relative to emergency care insurance for their employees and their Mr. NICKLES. Mr. President, I thank services. families. Senator BOND for cosponsoring this This is a particularly critical issue And we’re not talking about a tax amendment, in addition to Senator because so many of the conflicts be- break for ‘‘the rich’’ when it comes to SANTORUM, who is also a principal tween beneficiaries and their health the health-insurance deduction for the sponsor of this amendment, and Sen- maintenance organizations occur in an self-employed. Recent estimates based ators HUTCHINSON, CRAIG, and myself emergency room setting. on the March 1998 Current Population who are original sponsors. When the Senate in 1997 adopted pro- Survey indicate that 68.7 percent of Mr. President, I inquire of my col- visions that extended to Medicare and families headed by a self-employed in- league from Nevada, is he prepared to Medicaid beneficiaries—the same dividual with no health insurance earn yield the remainder of time on this rights that this amendment will now less than $50,000 per year. amendment? provide to all Americans—we discussed These are the people who we are try- Mr. REID. Yes. We are. the fact that 40 percent—40 percent—of ing to get health coverage. These are Mr. NICKLES. Mr. President, if my the conflicts between Medicare bene- the people who need the benefit of full colleague from Nevada is yielding back ficiaries and HMOs occurred in an deductibility. the remainder of time on the amend- emergency room setting. Coverage of these entrepreneurs and ment, we likewise yield the remainder Questions of coverage, type of cov- their children through the self-em- of time on the amendment. erage, and what would happen after the ployed health-insurance deduction will I suggest the absence of a quorum. patient was stabilized was the cauldron enable the private sector to address the The PRESIDING OFFICER. The in which many of the disagreements health-care needs of these individuals clerk will call the roll. between HMOs and beneficiaries were rather an expensive and intrusive gov- The legislative assistant proceeded fought out. ernment program. to call the roll. Just as the Medicare and Medicaid Currently, S. 343, from which my Mr. NICKLES. Mr. President, I ask provisions which were adopted by the amendment is derived, has the bipar- unanimous consent that the order for Congress and signed into law by the tisan support of 30 cosponsors. It also the quorum call be rescinded. President have helped to relieve that enjoys overwhelming support of small The PRESIDING OFFICER. Without tension for 70 million Americans, this business organizations including the objection, it is so ordered. amendment will attempt to do the National Association for the Self-Em- Mr. NICKLES. Mr. President, I ask same for the rest of Americans. ployed, the National Federation of unanimous consent that the Repub- This amendment also raises a couple Independent Business, the Small Busi- lican manager of the bill be allotted an of other important issues. ness Legislative Council, the National additional 40 minutes on the bill itself. One of those is what I call the ‘‘big Small Business United, and the Health The PRESIDING OFFICER. Is there monster argument’’—that anything Tax Deduction Alliance, to name just a objection? that we do is going to inevitably lead few. Mr. REID. Reserving the right to ob- to an escalation of cost and an esca- I have also added a provision to the ject, on second thought, I tell my lation of Federal regulation and bu- amendment to correct a disparity friend, the majority whip, we also want reaucracy and an overwhelming of the under current law that bars a self-em- 40 minutes. patients’ ability to get affordable ployed individual from deducting any Mr. NICKLES. Mr. President, I ask health care. of her health-insurance costs if she is unanimous consent that both sides be I would like to point out the first eligible to participate in another allotted an additional 40 minutes on sentence of this amendment. The first health-insurance plan. This provision the underlying bill. sentence is essentially, if the health unfairly affects entrepreneurs who are The PRESIDING OFFICER. Is there care plan offers emergency services, eligible for, but do not participate in, a objection? Without objection, it is so then these are the standards that will health-insurance plan offered through ordered. have to be met. July 12, 1999 CONGRESSIONAL RECORD — SENATE S8243 The clear implication of that is that paying the costs of that emergency They shouldn’t have to call their HMO no HMO under this amendment is re- room service. before they call 911. That is the very quired to offer emergency room serv- How does the Republican bill evis- thing we are trying to prevent. Pa- ices. If the HMO wishes to go to its cerate that basic principle, which now tients should be able to seek the treat- beneficiaries and say, Now, look, you protects 70 million Americans on Medi- ment wherever it can be provided—in- are not covered if you go to the emer- care and Medicaid? The Republican bill side or outside the network—and not gency room—you understand that—and allows for the imposition of ‘‘any form be subject to economic compulsion. the fee that you are going to pay for of cost-sharing applicable to any par- That is one important differential be- your HMO contract is predicated on ticipant or beneficiary (including co- tween the Republican and the Demo- the fact that emergency room services payments, deductibles, and any other cratic bill. That little devil was in the are not covered, the HMO has the pre- [form of] charges . . . if such form of details. rogative of so doing. If the HMO gives cost-sharing is uniformly applied under Another provision called the appearance that it is offering emer- such plan with respect to similarly sit- poststabilization is a crucial compo- gency room services, then it is required uated beneficiaries.’’ nent of emergency room care. This pro- to offer credible emergency room serv- Now, what does that mean? It means vision relates to what happens after a ices that comport to what the average that a patient who goes to a hospital person has gone to the emergency American thinks they are going to get that is not part of the network of the room, had that immediate treatment, in an emergency room. HMO will have to pay, according to the and their condition is now stabilized; So the ‘‘big monster argument’’ that HMO’s plans, for additional what happens next? this is going to have all of these ad- deductibles, coinsurance, and other Let me give an example. A person verse effects is irrelevant as long as the charges, while a person who is in the goes to an emergency room on a Friday HMO plays by the rules. It cannot offer same position of an emergency medical night with shortness of breath, high emergency room services at all. But crisis, who goes to the in-network hos- fever, pain in the left side of their once it purports to do so, it can’t bait pital will not be required to pay those chest. They are diagnosed by the emer- and switch and say, Yes, you thought additional out-of-network charges. gency room as having not a heart at- you were getting comprehensive emer- The practical effect of that distinc- tack but acute pneumonia. The emer- gency room coverage, but in fact you tion is to create a strong economic in- gency room treats the patient with in- are getting something much, much centive for the prudent layperson who travenous antibiotics and oxygen. The less. thinks they have symptoms requiring emergency department then calls the The second argument is what I call emergency attention. If they under- HMO to request one of two things be the ‘‘checking off the boxes’’ argument. stand they could go to the emergency done: that the plan take responsibility We have heard it already. We will say, room which is 5 minutes away but for the patient by having the patient well, the plan of the Republicans offers which is not part of their HMO’s net- transferred to one of their in-network an external appeal provision, and the work or they could go to the emer- hospitals, or the plan authorize the ad- Democratic plan offers an external ap- gency room that is 30 minutes away mission of the patient to the treating peal provision. So we check both of and be within the network of the HMO, hospital. them with an equally large mark. We and that there will be a significant eco- Unfortunately, this is a Friday night, have an emergency room provision. nomic differential as to what that about 10 or 11 o’clock, and no one picks You have an emergency room provi- choice is, then you have a prudent up the phone at the other end of the sion. Check, check—both get the same layperson making a critical decision. line. The hospital is stuck; the party is large mark. Will I go to the emergency room that stuck. The hospital cannot transfer the The problem is that it is not just a offers the most immediate attention to patient to another facility but it can’t matter of checking off the boxes. It is my condition, or will I go to the emer- get authorization to admit the patient a matter of seeing what inside the box. gency room where the cost will be less? to its own facility. As a result, the What are the actual words? What is the How do we know this is what was emergency room does admit the indi- detail? Words make a difference. De- meant in the Republican version of the vidual for treatment. On Monday, the tails matter. We are not talking about emergency room provisions in the Pa- patient goes home. semantics or legalisms. We are talking tients’ Bill of Rights? Because they The health care plan has not author- about whether in the final analysis the said it in very clear language in the ized the treatment. It now denies the beneficiary—the American family— committee’s report of this section, claim, retroactively, after the hospital gets the kind of protection that they which appears on page 29. I will read services have been provided. Under the think they paid for. from that report: Republican bill, the patient is respon- There will be other colleagues who The Committee believes that it would be sible for the noncovered hospital bill, will discuss important distinctions be- acceptable to have a differential cost-sharing potentially for several thousand dollars tween the two bills. I want to focus on for in-network emergency coverage and out- for that weekend institutionalization. two of those differences. of-network emergency coverage, so long as Under our amendment, the non- I look forward to a debate with my such cost-sharing is uniformly applied across responsive HMO would be financially Republican colleagues on these two dif- a category (i.e. [across all] in-network, out- responsible for that bill. Better yet, we ferences, whether they are meaningful, of-network). . .[beneficiaries and providers.] see a different scenario. Under our and whether they have properly stated I suggest there goes the prudent amendment, we see the health plan what the Republican provisions are. layperson definition, or the rationale with a positive incentive to coordinate The first of those distinctions is hidden for the prudent layperson definition, the patient’s care with the emergency in the Republican bill in language right out the window. department. The patient was trans- which effectively eviscerates the ‘‘pru- The Democratic plan provides explic- ferred to a network facility, which in dent layperson standard’’ that is at the itly that there will be parity payment turn has saved all overall health costs heart of the emergency care provision. between in-network and out-of-net- both for the patient and the health What is the prudent layperson stand- work emergency room services; that is, plan—a win-win scenario. ard? This is a standard which is now in the prudent layperson would have the Let me give an example of this co- the Medicare law and the Medicaid law right to go to what is the most pru- ordination. A parent brings their by action of Congress. It essentially dently accessible emergency room to young child into an emergency room says if a prudent layperson—a get that service. with a high fever. The emergency phy- layperson of normal intelligence and I suggest what is good for 70 million sician rules out a life-threatening ill- knowledge of health and medical mat- Medicare and Medicaid beneficiaries ness. She brings the fever under con- ters—thinks symptoms occurring re- should be good for all Americans. Pa- trol, thereby stabilizing the patient. quire urgent attention, that prudent tients should not be required to call an However, follow-up care is necessary to layperson can then seek the attention insurance bureaucrat to see if they can determine the cause of the high fever of the most available emergency room, get emergency room care approved be- and the extent and nature of the ill- and the HMO will be responsible for fore they go to the emergency room. ness. The emergency room calls the S8244 CONGRESSIONAL RECORD — SENATE July 12, 1999 plan to get the plan to refer the child without signs of a bacterial infection, physicians and the patients we serve, is to a primary care doctor. The plan they could have been sent home if pleased to support your amendment, which doesn’t call back. What is the result? there were arrangements made for the will protect people with health insurance The child is admitted to the hospital child to see a doctor the next day. But who make reasonable decisions to seek emer- overnight, potentially costing the fam- gency care from claims denials by managed absent the communication between the care plans. Today’s health care market war- ily thousands of dollars of unnecessary plan and the emergency room, the rants establishment of basic consumer pro- hospitalization and emotionally trau- emergency room admits the child. If tections to ensure coverage for emergency matizing the child. the insurance company plays by the services, and ACEP believes that your Under the Republican proposal, the rules, as Kaiser-Permanente, it will amendment would provide such safeguards. plan gets a double windfall. First, the now be only out the $50 for a routine As emergency physicians, we applaud your plan saves the money of having to staff primary care visit rather than the efforts to prevent health plans from denying ‘‘response capability,’’ particularly on $1,000 or more that it might be out if patients coverage for emergency services. Prior authorizations requirement for emer- the weekend, and by not having per- the child is admitted to the hospital. sonnel to respond to that emergency gency care and ‘‘after-the-fact’’ claims deni- So why are companies such as Kaiser als create barriers that can place a patient’s room call and to make treatment deci- coordinating poststabilization care sions. That is not all. The HMO also health at serious risk. Your amendment pro- with emergency departments? They are vides those covered by private managed care saves; when the emergency room treats doing it because it is good health care plans with the same ‘‘prudent layperson’’ the patient without prior authoriza- and it is good business. I point out standard that Congress provided Medicare tion, the health plan can then go back again, this is the same provision that and Medicaid patients as a part of the ‘‘Bal- and claim the care was unnecessary the Congress passed in 1997 as it relates anced Budget Act of 1997.’’ and refuse to pay. to Medicare and Medicaid beneficiaries Again, ACEP is pleased to offer its support What the Democratic of your amendment, and we commend your who currently have this poststabilization provision is all about leadership in proposing a bipartisan solution. is simply requiring the health plan to poststabilization coordination of care Sincerely, take responsibility for the patient by coverage. JOHN C. MOORHEAD, MD, FACEP, So how the amendment is drafted, answering the phone when the emer- President. what the amendment says, what the gency room calls, and then either au- details are, makes all the difference. AMERICAN HEART ASSOCIATION, OF- thorizing treatment, referring follow- FICE OF COMMUNICATIONS AND AD- up primary care, or transferring the in- This is not just a matter of checking off the box. It is a matter of looking in- VOCACY, dividual. Washington, DC, July 13, 1999. There are those who say this provi- side that box to see if the prudent layperson provision, which both Hon. BOB GRAHAM, sion places an unwarranted burden on Washington, DC. versions purport to offer—is it mean- the HMO. But let’s give an example of DEAR SENATOR GRAHAM: The American one of the Nation’s oldest and largest ingful? The person who exercises pru- Heart Association strongly supports your health maintenance organizations, Kai- dence by going to the nearest emer- amendment, to be offered today to the pa- ser-Permanente. Kaiser-Permanente gency room, not necessarily the near- tient protection legislation, which will en- endorses this position and has imple- est emergency room that happens to be sure prompt emergency room access. This important amendment is essential to our mented the poststabilization require- part of the network of the HMO, will they be financially protected? mission of reducing death and disability ment voluntarily. Guess what. After all from cardiovascular diseases, the leading the discussion about cost and the de- The person who has been stabilized— and now the question is what needs to cause of death in America. sire to maintain affordable and acces- To reduce the devastation caused by car- sible health care, this provision has be done to deal with the underlying diovascular diseases, the American Heart As- saved Kaiser-Permanente money. How cause of their symptoms—will they be sociation is committed to educating the pub- could it do that? Because Kaiser has financially protected when the HMO lic about the warning signs and the symp- found that by coordinating care with fails to respond to the request for spe- toms of heart attack and stroke. Acting on the emergency room, it has been able cific authorization? Those are the this knowledge is often the key to survival. types of real differences that make the In fact, every minute that passes before re- to avoid unnecessary admissions turning the heart to a normal rhythm after through providing followup care at an difference between the two alternative versions of emergency room care that a cardiac arrest causes the chance of sur- outpatient facility. vival to fall by as much as 10 percent. Our I will quote from a letter signed by are before the Senate. consistent message to the public, therefore, Mr. Don Parsons, the associate execu- I urge my colleagues to study these is both to know the signs and symptoms of tive director for health policy develop- differences and to be mindful of the heart attack and stroke and to get emer- ment for Kaiser-Permanente. I ask other differences that will be articu- gency care as quickly as possible. unanimous consent the entire letter be lated by the other cosponsors of this However, unnecessary and burdensome ob- stacles often stand between the patient and printed in the RECORD immediately amendment. I urge their support for the emergency room door. Insurer ‘‘pre-ap- after my remarks. this amendment that makes emergency room care real for the families of proval’’ processes for emergency care can The PRESIDING OFFICER. Without impede prompt treatment of heart attack objection, it is so ordered. America. I ask unanimous consent that two and stroke. Delays in treatment can signifi- (See Exhibit 1.) cantly increase mortality and morbidity. Mr. GRAHAM. Mr. Parsons states: letters be printed in the RECORD: One Our efforts to educate the public about the By assuring immediate response to tele- from the American College of Emer- importance of getting prompt treatment are phone inquiries from non-participating gency Physicians supporting the severely hindered by these ‘‘pre-approval’’ emergency facilities, we have been able to amendment that has been offered, and barriers. provide substantial assistance to the emer- the letter from the American Heart As- The American Heart Association applauds gency doctor who otherwise is practicing in sociation supporting the emergency your efforts to address these obstacles by en- an isolated environment without access to room provision that I and colleagues suring the ‘‘prudent layperson’’ definition of the patient’s medical record. emergency. Any managed care reform pro- Our own emergency physicians on the tele- have offered. There being no objection, the letters posal that seeks to protect patients’ rights phone have offered peer consultations, per- must include this prudent layperson stand- sonally approved coverage for urgently need- were ordered to be printed in the ard. ed tests and treatment, arranged for the co- RECORD, as follows: Thank you for your leadership on this im- ordination of follow up care, and imple- AMERICAN COLLEGE portant issue. mented critical care transportation of pa- OF EMERGENCY PHYSICIANS, Sincerely, tients back to our own facilities. Of over Washington, DC, July 12, 1999. DIANE CANOVA, ESQ., 2,000 patients transported in this fashion, Hon. BOB GRAHAM, Vice President, Advocacy. one third have been discharged to their Hon. JOHN H. CHAFEE, homes. Without this coordination of care, Mr. GRAHAM. And so, Mr. President, U.S. Senate, these patients would have been hospitalized as I stated early in my remarks, how Washington, DC. at needless expense. DEAR SENATORS GRAHAM AND CHAFEE: The the amendment is drafted, and what For example, to go back to my hypo- American College of Emergency Physicians the amendment says, makes all the dif- thetical of the child with the high fever (ACEP), on behalf of its more than 20,000 ference. July 12, 1999 CONGRESSIONAL RECORD — SENATE S8245 It’s not good enough just to check off two thousand patients transported in this Medicine and Rehabilitation—over 200 the boxes. That’s why I urge the adop- fashion, one third have been discharged to groups support this legislation, over tion of our amendment. their homes. Without this coordination of 200. care, these patients would have been hos- EXHIBIT 1 pitalized at needless expense. In addition to that, we have a unique KAISER PERMANENTE, In summary, this program has served the situation. The doctors and the nurses Washington, DC, July 7, 1999. needs of our patients, the treating emer- have joined with the lawyers to sup- Hon. BOB GRAHAM, gency physicians, and our own medical care port this legislation. It is a unique day U.S. Senate, teams, while providing substantial savings in Washington, DC. both clinical expense and in administrative in American legislation when we can DEAR SENATOR GRAHAM: Since 1996, Kaiser hassle over retrospective approval of pay- say not only do the doctors support Permanente has supported the passage of ment for services provisionally approved this—the American Medical Associa- federal legislation embracing the Prudent through the telephone call. We are strongly tion does, all the specialty groups—but Lay Person concept, which requires insur- in favor of the post-stabilization coordina- in addition to that the lawyers support ance coverage of emergency services pro- tion provision as an essential element of the it. vided to people who reasonably expect they emergency access provision of the Patients have a life or limb threatening emergency. Bill of Rights. I suggest people coming in, bragging In connection with this, we support a re- Sincerely, about the other bill, the majority’s quirement that the emergency physician or DONALD W. PARSONS, MD, bill, they are talking about—the junior provider communicate with the health plan Associate Executive Director. Senator from Maine said all we want to at the point where the patient becomes sta- do is ensure access. I respectfully sub- bilized. This will allow for coordination of The PRESIDING OFFICER. Who post-stabilization care for the patient, in- yields time? mit they want to ensure the insurance cluding further tests and necessary follow-up Mr. REID. Mr. President, I yield my- companies continue to rip off the care. These concepts are contained in several self such time as I may consume on the American public. That is what that bills currently pending before Congress. I amendment. legislation is about. That is what they should note, however, that our favoring of The PRESIDING OFFICER. The Sen- are trying to ensure, and this legisla- this language should not imply endorsement ator from Nevada. tion is meant to stop that. in its entirety of any specific bill that deals Mr. REID. Mr. President, just briefly, with other issues. the Senator from Alabama stated the The PRESIDING OFFICER. Who As a result of the Balanced Budget Act of State of Alabama had this great health yields time? The Senator from Ten- 1997 with its ensuing regulations applicable nessee. to Medicare + Choice and Medicaid enrollees insurance by some poll that he had and the Executive Order applying the Presi- conducted by, I think, South Alabama Mr. FRIST. Mr. President, I yield dent’s Advisory Commission’s Bill of Rights University. myself 10 minutes on the amendment. to all federal employees, approximately 30 First of all, regarding coverage of The PRESIDING OFFICER. Without million Americans are now the beneficiaries emergency care, the State of Alabama objection, it is so ordered. of a financial incentive to emergency depart- is one of 12 States that does not use the ments to communicate with the patient’s prudent layperson or similar standard Mr. FRIST. Mr. President, we have a health plan after the patient is stabilized. for emergency room treatment. In ad- number of issues on the floor today— This helps to ensure that the patient’s care dition to that, with drug formularies, the underlying bill that has been intro- is appropriate, coordinated and continuous. 36 States have no procedures for ob- duced and a substitute bill. We have It is important that emergency departments talked some about scope today. Now we have the same incentive to coordinate post- taining nonformulary drugs; Alabama stabilization and follow up care for patients is one of those. Access to clinical are talking about emergency services. I who are not federal employees or bene- trials, 47 States have no access to clin- think it is important that people un- ficiaries of Medicare or Medicaid. We have ical trials; Alabama is one of those. derstand that both of the underlying heard of minimal problems implementing Continuity of care, 29 States have no bills do have parts which address this this standard in those health plans partici- continuity of care provisions; Alabama access to emergency medical care. It is pating in FEHBP and Medicare + Choice pro- is one of those. Bans on financial in- absolutely critical that over the course grams. Since a federal standard is in place of today and on future amendments on and working, it is good policy to extend that centives, 28 States have no ban on fi- standard to the general population. nancial incentives to providers; Ala- emergency care we appropriately ad- For the past ten years, we have imple- bama is one of those. Provider protec- dress a bill of rights that does have a mented on a voluntary basis a program that tions, 21 States have no protections for real impact because there is no way we embraces these concepts of honoring pay- providers who are terminated; Alabama can responsibly leave this debate with- ment for the care our members receive in is one of those. Point-of-service op- out addressing the fear, the fear which non-participating hospital emergency de- is supported by anecdote—I do not partments up to the point of stabilization. tions, 30 States do not require that Our Emergency Prospective Review Program point-of-service plans be offered; Ala- know how big of a problem it is, but it has encouraged the treating physicians in bama is one of those. Coverage of emer- is a fear and that means we have to such settings to contact our physicians at gency care, I have already stated 12 deal with it and we should deal with the earliest opportunity to discuss the need States do not use a prudent layperson it—of having a heart attack or chest for further care. This has allowed us to make or similar standard; Alabama is one of pain or laceration or broken arm or a available elements of the patient’s medical those. sick child and going to an emergency record pertinent to the problem at hand and The State of Alabama has 1,617,000 room, and in some way, for some rea- to coordinate on-going care as well as the State residents who are not protected transfer of the patient back to his/her own son, having that care denied or be medical team at one of our facilities. We under the Republican plan; 62 percent channeled to emergency rooms that are have found this program to be considerate of of privately insured in Alabama are not across town, all of the sorts of things the patients’ needs, emphasizing both the ur- protected under the Republican plan. that are truly frightening and are real- gency of treatment for the immediate prob- So I do not know about the poll in ly unconscionable. Therefore, it needs lem as well as the continuity of high quality South Alabama, but I know what the to be addressed and needs to be ad- care. facts are. The facts are that State is dressed well. This has been a cost-effective practice, af- similar to many States. That is why fording the patient the highest quality of The amendment today brings up an groups support our Democratic Pa- care in the most appropriate setting. By as- issue of poststabilization, which I suring immediate response to telephone in- tients’ Bill of Rights. Why do I say groups? Hundreds of think needs to be addressed, and I will quiries from non-participating emergency fa- carefully look at the amendment. cilities, we have been able to provide sub- groups. They are already on the record, stantial assistance to the emergency doctor the groups that support us, a listing of Poststabilization is a point after who otherwise is practicing in an isolated some of the groups that support us. Al- which you have gone to the emergency environment without access to the patient’s liance for Lung Cancer Advocacy, Alz- room, gone through screening, and medical record. Our own emergency physi- heimer Association, American Acad- gone through treatment. Then what cians on the telephone have offered peer con- emy of Child and Adolescent Psychi- happens? Again, it looks at a more sultations, provisionally approved coverage for urgently needed tests and treatment, ar- atry, American Academy of Emergency complete picture, and we need to make ranged for the coordination of follow up care, Medicine, American Academy of Neu- sure what we ultimately pass several and implemented critical care transport of rologists, American Academy of Pedi- days from now addresses that ade- patients back to our own facilities. Of over atrics, American Academy of Physical quately and appropriately, given the S8246 CONGRESSIONAL RECORD — SENATE July 12, 1999 realities of the managed care, coordi- services. That is very important, be- going to keep coming back to again nated care, and fee-for-service system. cause I have heard several people al- and again that we have to do what is Let me briefly comment on what is lege, no, you can charge anything, you best for the individual patient, and we in our Republican bill. This was dis- can charge much higher than what in- have to keep our focus on the patient, cussed in the Health, Education, Labor, network cost sharing is, and that is and we do not want to do anything that and Pensions Committee. We talked simply not true in the Republican bill. exorbitantly increases cost if it is un- about emergency access, and we talked An individual who has sought emer- necessary, if it is wasteful, because if about some of the other issues as it gency services from a nonparticipating we do that, we increasingly, by an in- went through the committee. provider or nonparticipating hospital crease in premiums—somebody is going What passed out of committee, and is or nonparticipating emergency physi- to have to pay for it—drive people to before this body, is as follows: We re- cian cannot be held liable for charges the ranks of the uninsured. quire group health plans that are cov- beyond that which the individual I reserve the remainder of my time. ered by the scope of the bill—and the would have had to pay if that physician Mr. GRAHAM. Will the Senator yield issue of scope has come forward—to were a member of that particular co- for a question? pay, without any sort of prior author- ordinated care plan or managed care Mr. FRIST. I will be happy to yield. ization, for an emergency medical plan or health maintenance organiza- Mr. GRAHAM. First, on the question screening exam. If you go to the emer- tion. of prudent layperson, you are correct; gency room, that exam, using a pru- The important points are basically both bills have essentially the same dent layperson standard, which has that you do not need prior authoriza- language on a prudent layperson, but just been discussed—meaning, if you tion. It does not matter whether or not there is a very sharp difference in are at a restaurant and you have chest that facility is part of that plan or that terms of the economic exposure of that pain, you think it might be a heart at- HMO’s network itself. So you can go to prudent layperson, whether they are in tack, you know it is an emergency or the nearest hospital if, using that pru- a hospital as part of the HMO’s net- you feel it is an emergency, and you go dent layperson standard, you have a work or in a hospital that is not part of to the emergency room. They say it is concern that you have something that the network. indigestion, not a heart attack; there- does need to be treated and treated The Democratic plan clearly states fore, they are not going to cover it. very quickly. there must be parity of treatment; that The prudent layperson —that is, the The prudent layperson would expect is, if you are in an out-of-network hos- average person in terms of medical the absence of immediate medical at- pital, you cannot be charged more than knowledge in America today—says tention to result in some sort of jeop- if you are in an in-network hospital. there is no way I am going to know if ardy to the individual’s health or seri- The Republican bill—and I will quote it is an emergency or not, if it is seri- ous impairment—again referring back from the committee report, which is on ous or not. We reach out, using the pru- to that standard—or serious dysfunc- our desks, on page 29. This is the com- dent layperson standard, and cover tion of their body. Again, it is very dif- mittee that reported the Republican that individual. ficult in terms of covering the overall bill, the Labor Committee. The first You would not have to have prior au- realm. full paragraph states: The poststabilization period: What thorization. That would be for an emer- The committee believes that it would be gency medical screening exam and any happens after you go to the nearest acceptable to have a differential cost-sharing additional emergency care that is re- emergency room, using that prudent for in-network emergency coverage and out- quired to stabilize that condition. layperson standard, not having to pay of-network emergency coverage, so long as Stabilization is difficult. As a physi- anything beyond what you would have such cost-sharing is applied consistently cian, when I think of stabilization, be- to pay if you had gone to a facility in across a category (i.e., in-network, out-of- cause I am a heart surgeon, I think of that network, you have had the screen- network) and uniformly to similarly situated heart failure and blood pressure, going ing exam and you have had that sta- individuals and communicated in advance to into shock, and all sorts of bad things bilization or that initial treatment. participants and beneficiaries. ... happening overall. Stabilization might Poststabilization introduces: What if What that language seems to say to also mean if you have a broken arm or you are there and you had this chest me is that under the Republican pro- if you have a laceration. The defini- pain and you found out it was just indi- posal, if you have a standard copay, tions are important as we go forward. gestion, but while you were there in let’s say, of 20 percent if you are inside Mr. GRAHAM. Mr. President, will that poststabilization period, the phy- the HMO network but it is a 50-percent the Senator from Tennessee yield for a sicians find a spot on the chest x-ray copay if you are out of the network, question? that you need to rule out as lung can- and you end up in the emergency room Mr. FRIST. Let me finish walking cer, or you have cholecystitis or right that is out of the network because it through what is in the Republican pro- quadrant pain, and with a quick exam was the one closest to where you were posal first. it is pretty clear another medical prob- when you had that chest pain, you may The stabilization end of it is impor- lem has been picked up. Does that fall end up having to pay 50 percent of the tant. I mention that because we are into that poststabilization period? And, emergency room bill rather than 20 talking about a period of if so, does that treatment continue percent that you would have had to pay poststabilization—after you are sta- over time? in your in-network emergency room, bilized. Again, the Republican bill cov- Those are the questions we need to which is what the Democratic bill ers, through the screening and sta- debate, we need to look at. We need to would provide, that you would pay bilization process, using that prudent make sure we do not open the door so whatever emergency room from which layperson standard. broadly that somebody basically goes you ended up receiving that emergency We define in our bill what a prudent to an emergency room with a com- service. layperson is, and that is an individual plaint and it is taken care of, but 10 Mr. FRIST. The question is, in es- who possesses an average knowledge of other complaints are found and that is sence, what I said earlier about the dif- health and medicine. I think that is as an excuse to get all your care outside ferential cost sharing; if you go back good a definition as one can generate, of that network simply because that and look at the committee report, if and the concept of prudent layperson I might potentially circumvent the you go to an emergency room, you can believe is accepted by both sides. whole point of having care coordinated be charged out-of-network rates in- As to the cost-sharing aspect, again and to have a management aspect of stead of in-network cost sharing. I do looking at what is in the Republican coordinated care. not have that report language before bill which was introduced earlier Over the debate, as it continues to- me right now, but if that is what is in today, plans may impose cost sharing night and in the morning, the the committee report, that is unac- on emergency services, but the cost- poststabilization period is an impor- ceptable to me. That is something that sharing requirement cannot be greater tant period we need to address. We do I am willing to work on in terms of the for out-of-network or out-of-plan emer- not want to create any huge loopholes amendment process over the next sev- gency services than for in-network through which people can slide. I am eral days because there is no question July 12, 1999 CONGRESSIONAL RECORD — SENATE S8247 in my mind as to the cost-sharing re- from one emergency room to the other. We have heard a lot of rhetoric about quirement, when you go into an emer- It was an excellent question. how poststabilization services amount gency room, that you have to remove Mr. President, I yield 5 minutes to to nothing more than a ‘‘blank check’’ all barriers, that you can go to the the Senator from Montana. for providers. That is the major argu- closest emergency room, and that that Mr. BAUCUS addressed the Chair. ment against this amendment. Is it cost-sharing requirement cannot be ex- The PRESIDING OFFICER. The Sen- going to provide for a ‘‘blank check’’ aggerated or elevated to an out-of-net- ator from Montana. for doctors, for hospitals, and for emer- work rate as we go forward. PRIVILEGE OF THE FLOOR gency care providers? If these provi- I will work with you in terms of this Mr. BAUCUS. I first ask unanimous sions are a ‘‘blank check,’’ I might ask, whole issue that the cost-sharing re- consent that my assistant, Brent then, why did one of the oldest, largest, quirement cannot be greater for out-of- Asplin, be allowed floor privileges dur- and most successful managed care or- network emergency services than for ing the remainder of this bill. ganizations in the country, Kaiser- in-network services. That is a barrier The PRESIDING OFFICER. Without Permanente, help create them in the that should not be there. objection, it is so ordered. first place? Mr. GRAHAM. Mr. President, that re- Mr. BAUCUS. Mr. President, I want Kaiser-Permanente likes this because sponse was so satisfactory and indi- to follow up on the dialogue we had be- it knows it makes sense. It helps pa- cated the kind of spirit which I hope tween Senator GRAHAM from Florida tient care and it helps reduce costs. this debate over the next 31⁄2 days will and Senator FRIST from Tennessee. I Kaiser-Permanente is a strong sup- sustain; that we are all trying to do think we are finally getting to the porter of the poststabilization provi- what is best for patients and that we heart of the matter as to on why the sions in our bill; that is, the provisions will work together to get to that end. amendment offered by the Senator offered by the Senator from Florida. I have no further questions. from Florida really does make sense Why does Kaiser-Permanente support Mr. FRIST. Mr. President, let me and why it saves money and at the this? One simple reason. They realize just respond that I hope in my earlier same time helps the patients. that coordinating care after a patient comments in what I was saying about I point out that this amendment con- is stabilized not only leads to better poststa-bilization—although I have not tains identical language that this Sen- patient care but—guess what—it also seen the wording of the amendment, ate has already passed 2 years ago with saves money. but I know from committee that the respect to Medicare and Medicaid—the Let me give you an example of how Senator is committed to this—in the same language. I frankly think it the poststabilization services in this poststabilization end of things, in would not be wise—in fact, I think it amendment can actually save money. terms of how far in the process of pru- would be a mistake—if the Senate were Just last week, while the Senate was dent layperson recognition, the presen- now to turn around and adopt a lower in recess, I learned of a 40-year-old tation to the emergency room of your standard of care for Americans with woman who went to an emergency choice, the cost-sharing arrangement private health insurance plans. It just room complaining of numbness on the we talked about, the medical screen- does not make any sense. right side of her body. The symptoms ing, the stabilization, the poststa- I must also say that both bills appear began to improve in the emergency bilization period, I, again, want to to provide coverage for emergency room, and she was diagnosed with what work with the Senator as we go for- services using the prudent layperson her physicians referred to as a ‘‘mini- ward. standard. At least that is how it ap- stroke’’ or a ‘‘TIA.’’ This condition is a I have to say it is a very complex pears on the surface. The prudent warning sign for the possibility of a issue as to how you trade back into the layperson standard is the standard that more serious, debilitating stroke. network, how you do that notification guarantees emergency care without The patient was stabilized in the process. I worked in emergency rooms. prior authorization in any case that a emergency room, and the emergency I have been there. I worked for years in prudent layperson would regard as an physician attempted to contact the pa- emergency rooms. emergency. Both bills appear to have tient’s physician but was unable to do When somebody comes in, the last that same standard. so. The emergency doc tried to contact thing you want to be thinking about is The question here is something that the patient’s physician but could not. a lot of phone calls and calling net- is a little bit different. The difference If the poststabilization provisions in works—should we or should we not comes down to poststabilization serv- our bill had been in place, it may have take care of that individual patient? ices. The amendment before us today been possible to send this woman home On the other hand, after things settle does offer coverage for poststabili- to continue her tests as an outpatient. down and you take care of the emer- zation services. The Republican bill It would have been possible. It would gency in the emergency room, you does not. have been probable because of the way have the heart going, you have resusci- What are poststabilization services? she was stabilized. tated them, then at some point in time They are those services needed when a But because the plan and the private they have to make their entrance back patient has been stabilized after a med- physician were not available to provide into the coordinated care plan. ical emergency. That is afterwards. coordinated and timely followup care, So we have to be careful about Really, the debate about the emergency physician had to admit poststabilization—at an appropriate poststabilization comes down to two the patient to the hospital. Now, I am time—but, again, doing what is right basic questions: First, is confused. Why don’t some of my col- for the patient. So those two issues— poststabilization care going to be co- leagues support this provision? Why the cost sharing and the post- ordinated with the patient’s health don’t they support a provision that stabilization—I am committed to plan or is it going to be uncoordinated provides a pathway to more efficient working with the Senator over the and therefore inefficient? medical care? next several days. The second question is: Are decisions Mr. President, I ask consent to speak I reserve the remainder of my time about poststabilization care going to for an additional 3 minutes. and yield the floor. be made in a timely fashion; that is, The PRESIDING OFFICER. Without Mr. REID addressed the Chair. when they are needed, or are we going objection, it is so ordered. The PRESIDING OFFICER. The Sen- to allow delays in the decisionmaking Mr. BAUCUS. In this case, the out- ator from Nevada. process that will compromise patient come is very simple. A patient could Mr. REID. I say to my friend from care and also lead to overcrowding in have been discharged to home with fol- Florida that was an excellent question. our Nation’s emergency rooms? low-up care as an outpatient. Instead, It does appear the Senator from Ten- Those are the two basic questions. she was admitted to the hospital be- nessee has indicated that the Repub- Again, are the poststabilization serv- cause timely follow-up care couldn’t be lican version of the emergency care as- ices going to be coordinated with the guaranteed through the health plan. pect of that bill is lacking and that he health care plan or not; and, second, Her hospitalization costs were much would support the provisions you have are these decisions going to be made in higher than the care she would have re- indicated, having parity in charging a timely fashion? ceived as an outpatient. S8248 CONGRESSIONAL RECORD — SENATE July 12, 1999 Now, I must say, too, we have heard toms of heart attack and stroke. Acting on citizens can seek care at the nearest many stories about the retrospective this knowledge is often the key to survival. hospital—without financial penalty— denial of coverage for poststabilization In fact, every minute that passes before re- when they believe they are facing a services. These services are not op- turning the heart to a normal rhythm after medical emergency. a cardiac arrest causes the chance of sur- tional medical care. That is not what vival to fall by as much as 10 percent. Our The Graham amendment and the we are talking about. That is a red her- consistent message to the public, therefore, Democratic Patients’ Bill of Rights, ring. We are not talking about optional is both to know the signs and symptoms of which are strongly supported by the medical care. We are talking about the heart attack and stroke and to get emer- American College of Emergency Physi- gency care as quickly as possible. situation where the emergency doc has cians, would extend those protections time only to make sure the patient is However, unnecessary and burdensome ob- to all 161 million Americans with pri- taken care of, either admitted to a hos- stacles often stand between the patient and vate health insurance. pital poststabilization or coordinate a the emergency room door. Insurer ‘‘pre-ap- proval’’ processes for emergency care can The Republican leadership claims to plan with the patient’s doctor, some impede prompt treatment of heart attack similar thing, not unrelated or just and stroke. Delays in treatment can signifi- do the same in their proposal, but their tangentially related optional medical cantly increase mortality and morbidity. so-called protections are missing key care. That is a red herring. That is not Our efforts to educate the public about the parts or are riddled with loopholes. what we are talking about. importance of getting prompt treatment are They apply to fewer than one-third of If my colleagues support the severely hindered by these ‘‘pre-approval’’ privately insured Americans. Accord- Graham-Chafee amendment, it is clear barriers. ing to the American College of Emer- they will be voting for more efficient The American Heart Association strongly gency Physicians in a letter dated June supports Senator Graham’s efforts to address and more timely medical care. I hope these obstacles by ensuring the ‘‘prudent 22, 1999, S. 326, as reported out of Com- the Republicans will join us to pass the layperson’’ definition of emergency. mittee, ‘‘fails to achieve the promise of real prudent layperson standard for Thank you for your consideration of this its section name. As drafted, [it] calls emergencies. This standard has bipar- issue. We look forward to your strong sup- into serious question the underlying tisan support. It is endorsed by many port for the Graham amendment. intent of the provision.’’ professional organizations and con- Sincerely, DIANE CANOVA, Esq., First, the prudent layperson standard sumer groups throughout the country. applies only if the HMO happens to de- For example, just this afternoon I re- Vice President, Advocacy. fine emergency medical care exactly as ceived an endorsement by the Amer- Mr. KENNEDY. Mr. President, HMO’s the act does. Thus, plans may be able ican Heart Association of the prudent across the country are denying cov- to avoid the standard simply by chang- layperson amendment offered by Sen- erage for emergency care, and patients ing their definition of emergency care. ators GRAHAM and CHAFEE. The Amer- are suffering. ican Heart Association states that the A child has a severe fever, but his Second, even if the prudent layperson prudent layperson standard is ‘‘essen- parents are forced to drive past the standard were to apply, the Republican tial to their mission of reducing death nearest emergency room to a distant bill allows plans to charge patients and disability from cardiovascular dis- facility that participates in the HMO’s more for going to the nearest emer- ease, the leading cause of death in network. The child’s hands and feet are gency department, instead of the America.’’ amputated as a result of the delay in HMO’s hospital. An amendment was of- The American Heart Association getting care. fered in the committee to try to limit wants this amendment because they A middle-aged man has severe chest cost-sharing for patients who seek care know it is right. Kaiser-Permanente pain and believes he is having a heart at an out-of-network provider, but con- wants this amendment because they attack, but finds out at the emergency flicting language in the legislation and know it is right. There is no reason room that it was merely indigestion. accompanying Committee Report calls why this amendment should not pass, His HMO denies payment for the visit, into question the true effect and intent particularly when the same standard leaving him with an expensive bill for of the amendment. The American Col- applies today because of a law passed tests to rule out his symptoms. lege of Emergency Physicians calls the by this Congress 2 years ago, to Medi- A woman fractures her skull and is situation ‘‘vague and confusing.’’ care and Medicaid. knocked out during a 40-foot fall while Clearly, without this assurance, the I think it is common sense. I can’t hiking. She is airlifted to a local hos- protections offered by using a prudent believe the objections to this amend- pital, but her HMO later denies cov- layperson standard and removing prior ment. I hope that after the other side erage because she did not seek ‘‘pre-au- authorization restrictions are moot. thinks about it a little bit, they will thorization’’ for emergency treatment. Patients will still feel pressured to realize that it does make sense and A teenager dislocates his shoulder in seek care only at network hospitals— support it. an after-school sports program in Mas- even if it means risking life or limb to Mr. President, I ask unanimous con- sachusetts. Another student’s mother— get there—because they will fear the fi- sent to have printed in the RECORD a who happens to be a physician—saves nancial repercussions that may occur if letter to me from the American Heart his arm by performing an emergency they go to the nearest emergency Association endorsing this amendment. procedure while waiting for his HMO to room. There being no objection, the letter send an ambulance to take him to the was ordered to be printed in the hospital. Third, the Republican leadership bill does not ensure coverage and coordina- RECORD, as follows: Each case is unique, but all share a tion of the care that is provided after a AMERICAN HEART ASSOCIATION, common theme. Patients are injured or Washington, DC, July 13, 1999. stuck with the bill because their HMO patient is stabilized in the emergency Hon. MAX BAUCUS, tries to avoid responsibility for care room. This is a critically important U.S. Senate, that should be covered. According to a gap, and an area in which coverage can Washington, DC. September, 1998, survey by Harvard be confusing and disputes frequent. DEAR SENATOR BAUCUS: On behalf of the 4.2 That is why Congress included cov- million volunteers of the American Heart University and the Kaiser Family Foundation, one in seven HMO patients erage for post-stabilization care in the Association, I urge you to support Senator Balanced Budget Act’s protections for Bob Graham’s amendment, to be offered report that their plan refused to pay Medicare patients. Senator HUTCHINSON today to the patient protection legislation, for an emergency room visit, and one which will ensure prompt emergency room in ten say they have difficulty getting included it in the legislation he co- access. This amendment is essential to our emergency care. sponsored with Senator GRAHAM last mission of reducing death and disability Two years ago, Congress passed legis- year. This year, however, Republican from cardiovascular diseases, the leading lation with strong bipartisan support support for this important protection cause of death in America. in the Balanced Budget Act that put a has disappeared, leaving millions of pa- To reduce the devastation caused by car- tients out in the cold. diovascular diseases, the American Heart As- stop to these abuses for Medicare and sociation is committed to educating the pub- Medicaid patients. As a result, Amer- Coverage of post-stabilization care lic about the warning signs and the symp- ica’s elderly, disabled and low-income will not significally undermine an July 12, 1999 CONGRESSIONAL RECORD — SENATE S8249 HMO’s relationships with particular fa- Simply put, this provision estab- to Federal employees by Executive cilities or become a vehicle for a hos- lishes reasonable standards to guar- Order. Patients in private health insur- pital or patient to manipulate the sys- antee that patients will have their ance plans deserve no less protection. tem after care is provided at a non-par- emergency services covered by their in- In sum, with passage of this provi- ticipating hospital. It simply ensures surance company—regardless of when sion, patients will no longer be in the that patients receive all necessary care or where they happen to be faced with unreasonable position of fearing that before being transferred or discharged, the emergency. This question of where payment for emergency room visits and that they are not left with the bill the emergency occurs is an important will be denied even when these emer- simply because the HMO turns off its one—the very nature of an emergency gency conditions appear to both the pa- phones at 5 p.m. or refuses to coordi- situation suggests that the patient will tient and emergency room personnel to nate with the hospital. not always have the luxury of going to require urgent treatment. Patients will Our plan would create a system to an emergency room that is part of the be assured prompt access to emergency ensure that the treating provider and plan’s network. It is important for pa- care regardless of whether the emer- the plan begin a conversation to co- tients who reasonably believe they gency happens to occur out of range of ordinate care as soon as practical once need emergency medical care to re- an in-network provider. the patient arrives at the emergency ceive it without delay. I thank the Chair. room. There are several aspects to this pro- Mr. GRAHAM. Mr. President, how I have heard my Republican col- vision that must be included to make much time remains on this amend- leagues argue that this protection is it a meaningful protection for patients. ment? The PRESIDING OFFICER. The Sen- unnecessary because no hospital will I will quickly run through just a few of ator from Florida has 17 minutes 11 discharge a patient until that patient the most important: is sufficiently stabilized. That may be First, protection from higher cost- seconds. Mr. GRAHAM. Mr. President, I yield true, but the problem we seek to ad- sharing must apply to emergency serv- myself such time as is necessary and dress here deals with coverage, not ices received without prior authoriza- ask to be notified when there are 5 treatment. Thanks to the anti-dump- tion. When time is of the essence, the minutes remaining for the proponents ing Emergency Medical Treatment and patient should not be held to prior au- Labor Act, under current law patients of the amendment. thorization requirements. When I spoke earlier, I said the devil should received the care they need Second, if the patient is faced with when they present with symptoms in was in the details, and I took some an emergency, he or she should not be time to talk about two of those details, an emergency room. charged higher cost-sharing for going But HMOs do not need to abide by which were the question of cost shar- to an out-of-network hospital. this act—hospitals and doctors do. So, ing, whether you went to an emergency Third, the patient must have the as- room that was inside the HMO’s net- when the hospitals and doctors do their surance that his or her plan will ar- job and provide the care they think is work or outside the network and, range for necessary post-stabilization necessary, the insurance company can therefore, created an economic incen- care—either at the facility where the later deny coverage for the care and tive under the Republican plan to not patient is being treated for the emer- patients are stuck with the bill. go to the emergency room that might The Graham amendment, which I gency, or at an in-network facility—in be closest and most appropriate and, in strongly support, would put a stop to a timely fashion. The best way to instances, the life-saving emergency this abuse by ensuring that all parties achieve this is through a reference to room. Then we talked about begin discussing proper treatment and the post-stabilization guidelines al- poststabilization care, whether the coverage options at the earliest pos- ready established in the Social Secu- HMO could, by just not answering the sible moment. This amendment is rity Act. telephone, not giving authorization, based on Medicare’s provisions. It says This so-called ‘‘post-stabilization’’ put the hospital and the patient in the that insurance companies must use a requirement has been widely situation where they had to take either prudent layperson standard if they mischaracterized as requiring plans to a medical risk or an economic risk. cover emergency services. It says pa- pay for a whole host of services unre- Let me mention two other specific tients should not be charged more for lated to the emergency condition at areas which I think deserve the atten- going to the closest, but non-partici- hand. However, I want to make clear tion of the Senate where there are dif- pating hospital. And it says that cov- that the requirement is really one for ferences between the Republican and erage should extend for necessary post- coordination—that is, the plan must the Democratic proposal. stabilization care, too. Millions of fam- simply communicate with the emer- First is the issue of what is the kind ilies deserve this protection, and they gency facility in order to coordinate of initial care that one will receive are waiting for its passage. the patient’s post-stabilization care. If when they go into the emergency room Mr. CHAFEE. Mr. President, today I the plan fails to communicate with the as a prudent layperson. That is, they urge my colleagues to join me in sup- treating emergency facility, then, and have exercised common sense as a porting meaningful emergency services only then, could the plan be held re- layperson, that they have a symptom protection for patients in managed sponsible for payment of post-stabiliza- that could be emergent in character care plans. I am happy to cosponsor tion services. Furthermore, the serv- and, therefore, they should go to an this amendment with my good friend, ices must be related to the emergency emergency room. Senator BOB GRAHAM. condition. In the Democratic plan, the defini- This is one area where we should Lest anyone doubt the importance of tion of the services that will be pro- have little difficulty in coming to this coordination requirement—for pa- vided are: A medical screening exam- agreement—we have already extended tients and plans alike—all we have to ination that is within the capability of this critical protection to Medicare do is look at the experience of Kaiser- the emergency department of a hos- and Medicaid beneficiaries as part of Permanente, one of our nation’s larg- pital, including ancillary services rou- the Balanced Budget Act of 1997. Now est and oldest health insurers. They tinely available to the emergency de- it is time for the federal government to have found the provision easy to imple- partment to evaluate an emergency finish the job and provide all Ameri- ment, and a money-saver. In a letter to medical condition. That is the defini- cans with a single and consistent Senator BAUCUS dated June 24, 1999 tion of the services to which you are standard for emergency room coverage. they write ‘‘Of over two thousand pa- entitled. What’s good for our Medicare and Med- tients transported in this fashion, one In the Republican bill, here is the icaid patients should be good for pa- third have been discharged to their definition: The plan shall provide cov- tients in private plans; there is no homes. Without this coordination of erage for benefits without requiring earthly justification for not extending care, these patients would have been prior preauthorization for appropriate this basic protection to all Americans. hospitalized at needless expense.’’ emergency medical screening examina- If a plan says it covers emergency med- All of these features are a part of the tions. ical services, then it ought to do just current law for Medicare and Medicaid Now, are we going to get into the sit- that—cover legitimate emergencies. beneficiaries, and have been extended uation a week, a month, a year after S8250 CONGRESSIONAL RECORD — SENATE July 12, 1999 the emergency services have been pro- when it considered this legislation, Mr. HARKIN. Mr. President, today I vided that there will be a raging debate that indicated there had been a stand in support of a strong Patients’ between the emergency room physician cratering of health care services in the Bill of Rights. S. 6, the Democratic and the HMO as to whether the serv- emergency room for Medicare or Med- leadership bill, is of immense impor- ices that were provided were appro- icaid beneficiaries, or an escalation of tance to the American people. priate? Or should we not use the lan- cost as a result of the actions of the Some may ask, is such a bill nec- guage that is in the Democratic provi- Congress and the President just some 3 essary? Without question, it is. Cur- sion which clearly states that it will be years ago. rently, over 160 million of our family, those services that are within the capa- So I suggest that the prudent senato- friends, neighbors and children, are bility of the emergency department of rial course of action on this matter paying good money for health care the hospital? would be to adopt the amendment that with no guarantee of proper and appro- The second concern is: What is the is before us. It is an amendment that priate treatment. responsibility of the prudent layperson we have already voted on in previous We don’t have to look too hard to see while you are lying there on the years as it relates to Medicare and that there are too many cases where gurney having emergency diagnosis? Medicaid. We have a positive track appropriate care is not being provided. Under the Republican plan, it states record. We don’t need to take chances We have all heard horror stories of in- that to the extent that a prudent with the emergency room treatment of dividuals unable to see their doctor in layperson who possesses an average the other almost 190 million Americans a timely manner * * * of patients un- knowledge of health and medicine who are not under Medicare or Med- able to access the specialist they need would determine such examinations to icaid. * * * of individuals unable to get cov- be necessary to determine whether So in the spirit of the good will ex- erage for the type of care they believed emergency medical care is necessary. pressed by our colleague from Ten- and expected was covered under their Do they really mean to say that here nessee, I look forward to a close exam- plan. is this person who is having symptoms ination, and I hope that at the conclu- It’s very simple. Insurance either ful- fills its promises or it doesn’t. And of a heart attack, is stretched out, is sion of that examination we will sup- we’ve heard enough to know that in too attached to all kinds of medical equip- port and reaffirm the wisdom and judg- many cases it doesn’t. Employers and ment, is obviously in a very distressed ment that we made in 1997. patients pay good money for health physical condition and probably in a The PRESIDING OFFICER. Who care coverage, only to find that they’re very distressed emotional condition, yields time? not getting the coverage they expected. that now this prudent layperson has to Mr. GRAHAM. Mr. President, I sug- In too many cases, the coverage they be so prudent as to second-guess gest the absence of a quorum and ask expected disappears when the need whether the examinations that the unanimous consent that the time be arises. I didn’t have to look very hard emergency room physician is providing charged to the opponents of the amend- to find such situations in my own state are the kind of examinations that ment. of Iowa. should be provided? Presumably, if the The PRESIDING OFFICER. Without Let me tell you a story about Eric, prudent layperson in that almost co- objection, it is so ordered. from Cedar Falls, Iowa, who has health matose state doesn’t make the right The clerk will call the roll. insurance through his employer. Eric is judgment as to what examination the The legislative clerk proceeded to 28 years old, with a wife and two chil- emergency room physician should be call the roll. dren. He suffered cardiac arrest while rendering, those services won’t be cov- Mr. REID. Mr. President, I ask unan- helping out at a wrestling clinic. He ered by the HMO. imous consent that the order for the was rushed to the hospital, where he That provision is so extreme as to quorum call be rescinded. was resuscitated. shock the conscience of a prudent The PRESIDING OFFICER. Without Tragically, while in cardiac arrest, layperson who is just reading the lan- objection, it is so ordered. Eric’s brain was deprived of oxygen. He guage in the Republican bill. I am Mr. REID. Mr. President, I ask unan- fell into a coma and was placed on life hopeful that the kind of spirit of com- imous consent that the time during the support. The neurosurgeon on call rec- mon sense that our colleague, Dr. quorum call run against both sides. ommended that Eric’s parents get Eric FRIST, the Senator from Tennessee, ex- The PRESIDING OFFICER. Without into rehab. pressed would apply to focusing on objection, it is so ordered. It was then the problems began. Al- these provisions. Mr. REID. I suggest the absence of a though Eric’s policy covered rehabili- The fortunate aspect of this proposal quorum. tation, his insurance company refused is that we don’t have to totally operate The PRESIDING OFFICER. The to cover his care at a facility that spe- in an environment of hope and guess. clerk will call the roll. cialized in patients with brain injury. As the Senator from Montana stated, it The legislative clerk proceeded to Thankfully, Eric’s parents were able has now been almost 3 years since this call the roll. to find another rehab facility in Iowa. Senate and our colleagues in the House Mr. REID. Mr. President, I ask unan- And Eric began to improve. His heart of Representatives, and the President imous consent that the order for the pump was removed, his respirator was of the United States, joined hands to quorum call be rescinded. removed, and his lungs are now work- adopt an emergency room provision for The PRESIDING OFFICER. Without ing fine. Medicare and for Medicaid covering al- objection, it is so ordered. But, even with this progress, Eric’s most 70 million Americans. We have Mr. REID. Mr. President, I ask unan- family received a call from his insur- had 3 years of experience under vir- imous consent that the time not be ance company saying they would no tually the identical language that is charged against either side on this longer cover the cost of his rehab, be- now in the amendment before us. quorum call that I am going to sug- cause he is not progressing fast My exploration with emergency room gest. enough. physicians, who strongly support this The PRESIDING OFFICER. Without Eric’s mother wrote to me, saying, amendment, with HCFA, the Federal objection, it is so ordered. ‘‘This is when we found out we had ab- agency with the responsibility for the Mr. REID. I suggest the absence of a solutely no recourse. They can deny administration of the Medicare pro- quorum. any treatment and even cause death, gram in conjunction with the States, of The PRESIDING OFFICER. The and they are not responsible.’’ the Medicaid program, have not point- clerk will call the roll. This week, here on the Senate floor, ed out that there have been this parade The legislative clerk proceeded to we have a critical choice before us. A of horribles as a result of that legisla- call the roll. choice for Eric and his family. A choice tion. If someone has other evidence Mr. NICKLES. Mr. President, I ask between real or illusionary protections. they would like to offer, I urge them to unanimous consent that the order for A choice between ensuring care for do so. the quorum call be rescinded. millions of Americans or for perpet- I do not believe such testimony was The PRESIDING OFFICER. Without uating the already burgeoning profit given before the Labor Committee, objection, it is so ordered. margins of the Managed Care industry. July 12, 1999 CONGRESSIONAL RECORD — SENATE S8251 The Republicans have offered a bill We have a chance to pass real and re- claiming the area’s gold (Lombardi 29), and that leaves out 115 million people be- sponsible legislation. The time for real by asserting that the land from the Rio cause most of the patient protections reform is now. The American people Essequibo to the Orinoco was part of Guyana (Schomburgk Line) according to colonial in the plan apply only to self-funded have been in the waiting room for too maps (Daly 2). Britain was vehement about employer plans. This would protect long. its right to the land, and Venezuela appealed only 48 million of the 161 million with f to the U.S. for aid. Under the Monroe Doc- private insurance. trine, the U.S. states that it will act as a po- Our bill establishes a minimum level TRIBUTE TO JEANMARIE HICKS lice force to protect Latin America from Eu- of patient protections by which man- Mr. DASCHLE. Mr. President, today ropean influence. The U.S. viewed Britain’s aged care plans must abide. States I would like to take a moment to ac- occupation of a portion of Venezuela as a breech of the doctrine (Cleveland 93). can—and it’s my hope that states knowledge a remarkable young woman Conflict was imminent, as Britain began to will—provide even greater protections, from Rapid City, South Dakota, prepare its navy for war (Boutwell 4). A solu- as necessary, for the individuals in Jeanmarie Hicks, who was recently se- tion appeared in 1895 in the person of Sec- such plans in their states. As a starting lected as the National Winner in the retary of State Richard Olney, Enthusiastic point, however, we need to pass a 1999 National Peace Essay Contest to attempt preventive diplomacy, Olney sent strong and substantive managed care sponsored by the United States Insti- a dispatch to Britain stressing the impor- tute of Peace. tance of the Monroe Doctrine. Lord Salis- reform bill. bury of Britain responded, saying that the The American people want real pa- This year more than 2,500 high school Monroe Doctrine was not applicable in the tient protections. students from all 50 states were asked Venezuela situation, as no system of govern- Our bill, the real Patients’ Bill of to express their thoughts on the topic ment was being forced upon the country Rights Act, delivers on what Ameri- of preventing international violent (Cleveland 100–101). In addition, Salisbury cans want and need, real protection conflict. Winners from each state were pointed out that the conflict was not the re- against insurance company abuse. The awarded a $1,000 college scholarship sult of the acquisition of new territory: Guy- bill provides basic protections for and invited to participate in a week of ana owned the territory in question (Boutwell 10). Americans, such as: special activities here in Washington. Olney stressed that the issue was pertinent Access to needed specialists, includ- The National Winner receives an addi- to American stability, and remained stead- ing access to pediatric specialists; tional $10,000 college scholarship. fast in his demands (Cleveland 109). When the guarantee that a patient can see Jeanmarie Hicks, who recently grad- Britain refused to submit, Congress author- a doctor who is not on their HMO’s list uated as valedictorian from St. Thom- ized the president’s appointment of an inves- if the list does not include a provider as More High School in Rapid City, tigative committee. Meanwhile, Salisbury qualified to treat their illness; wrote an eloquent essay entitled ‘‘Pre- and Olney organized a meeting for November 10, 1896. At the meeting, a treaty was writ- access to the closest emergency room ventive Diplomacy in the Iraq-Kuwait ten; and the U.S. threatened to use its mili- and coverage of needed emergency Dispute and in the Venezuela Border tary to remove Britain from Venezuela’s bor- care; Dispute.’’ In addition to her writing der if necessary. Britain and Venezuela the guarantee that patients with on- skills, Jeanmarie recently took first signed the treaty on February 2, 1897, giving going serious conditions like cancer, place in South Dakota in both the Na- Venezuela control of the Rio Orinocco and arthritis, or heart disease can see their tional French Contest and the National much of the land behind the Schomburgk oncologist, rheumatologist, or cardi- Spanish Contest, and will attend the Line (Cleveland 117–118). Thus preventive di- ologist without asking permission from College of St. Benedict in Minnesota plomacy on the part of the U.S. was success- ful, and war was avoided. their HMO or primary care doctor each this fall. The use of preventive diplomacy in the re- time; I know my colleagues join me in con- cent Iraq-Kuwait dispute was less successful. the guarantee that patients can con- gratulating Jeanmarie on all of her ac- Iraq had been part of the Ottoman Empire tinue to see their doctor through a complishments, and I ask unanimous from the 1700s until 1899, when Britain grant- course of treatment or a pregnancy, consent that her essay be printed in ed it autonomy (Darwish and Alexander 6). even if their HMO drops their doctor the RECORD. When in 1961, Britain gave Kuwait independ- from its list or their employer changes There being no objection, the essay ence, Iraq claimed that, historically, Kuwait was part of Iraq (Sasson 9). Iraq begrudg- HMOs; was ordered to be printed in the ingly recognized Kuwait’s independence in the guarantee that patients can get RECORD, as follows: 1963. the prescription drug their doctor says PREVENTIVE DIPLOMACY IN THE IRAQ-KUWAIT For awhile, relations between the two they need, not an inferior substitute DISPUTE AND IN THE VENEZUELAN BORDER countries improved as Kuwait aided Iraq the HMO chooses because it’s cheaper; DISPUTE monetarily in the Iran-Iraq War (1980 until access to quality clinical trials for (By Jeanmarie Hicks, St. Thomas More High 1988) (Sasson 11). After the war, however, those with no other hope; School, January 22, 1999) Iraq demanded money from Kuwait for re- construction. Then Iraq accused Kuwait of ‘‘Too little, too late’’ often in the preven- the ability to appeal an HMO’s deci- drilling oil from the border without sharing tion of violent conflicts holds true (Peck). sion to deny or delay care to an inde- and of taking more oil than the Organization When the roots of the problem are not iden- pendent entity and receive timely, of Petroleum Exporting Countries (OPEC) binding decisions; tified in time, violence becomes the solution. quota permitted (Sasson 12). Iraq began to and, finally, the right to hold HMOs Preventive diplomacy, one way of avoiding threaten Kuwait borders, beginning a con- conflicts, can be defined as ‘‘action to pre- flict that would take thousands of soldiers accountable when their decisions to vent disputes from arising among parties to deny or delay care lead to injury or away from their homes, harm civilians, and prevent existing disputes from escalating detrimentally affect the environment. death. Most situations will be resolved into conflicts, and to limit the spread of the In 1990, Iraq began to mobilize near the Ku- through our appeals mechanism. How- latter when they occur’’ (Boutros-Ghali 45). wait border (Darwish and Alexander 6). Arab ever, I believe that HMOs and insurers Preventive diplomacy protects peace and nations made unsuccessful attempts at pre- should not have special immunity ultimately people, who suffer greatly in ventive diplomacy (U.S. News & World Re- when they harm patients. armed conflicts. Preventive diplomacy has port 99). Surrounding nations attempted un- No one can argue with the need to been used in many disputes, including the successfully to meet with Saddam Hussein. border dispute in Venezuela with Great Brit- ensure access and quality of care for Iraq invaded Kuwait, took control of its cap- ain in the 1890s and in this decade’s Iraq-Ku- ital on August 2, 1990, and installed a puppet Americans. Over 200 organizations rep- wait dispute. Conflict was prevented in Ven- government under Hussein’s command. Iraqi resenting patients, consumers, doctors, ezuela. However, preventive action was not soldiers brutally raped Kuwaiti women, and nurses, women, children, people with effective in Kuwait; and civilians suffered as killed any civilian who was considered an ob- disabilities, small businesses, and peo- a result. struction (Sasson 76). At this point, the ple of faith support the Democrats’ Pa- The United States’ intervention in the bor- United Nations Security Council and the tients’ Bill of Rights. der dispute in Venezuela is one example of Arab League placed an embargo on Iraqi oil The Majority pretends that their bill preventive diplomacy. Unfortunately, the as punishment. Iraq, in response, annexed border between Guyana and Venezuela was Kuwait (U.S. News & World Report 95–96). offers real patient protections, but never clearly defined; and colonial maps War was imminent. On November 29, 1990, when you read everything below the were inaccurate (Lombardi 29). From the Iraq showed no signs that it would retreat. title, it reads more like an insurers’ 1840s until the 1880s, Britain pushed into The United Nations Security Council de- bill of rights. Venezuela over Guyana’s western border by clared that the coalition should use all S8252 CONGRESSIONAL RECORD — SENATE July 12, 1999 means to expel Iraq from Kuwait if Iraq re- tioned international council, for inter- balanced report on copyright and dig- mained there after January 15, 1991 (Gordon national cooperation is important in the pre- ital distance education. We need to ad- and Trainor 195). In a final attempt at pre- vention of war in that all nations must co- dress the legislative recommendations ventive diplomacy on January 9, James operate to maintain good relations, and thus outlined in that report to ensure that Baker of the U.S. met with Iraq’s foreign peace (‘‘Preventive Diplomacy in Action’’). our laws permit the appropriate use of minister, Tariq Aziz. Baker stressed that the The centers would watch for signs of con- coalition was willing to fight, and encour- flict, study causes, and train diplomats. With copyrighted works in valid distance aged Iraq to leave Kuwait (U.S. News & centers in all regions, conflicts could be learning activities. World Report 199). Iraq, however, refused to dealt with immediately. The involved na- Patent reform. A critical matter on retreat; and Hussein declared that Iraq tions would not need to feel threatened, un- the intellectual property agenda, im- would fight a ‘‘holy war’’ for Kuwait. The less preventive diplomacy is refused, in portant to the nation’s economic fu- world realized that war was the only means which case, the nations in the council would ture, is reform of our patent laws. I of solving the problem (Gordon and Trainor unite militarily to maintain peace. If a po- worked on a bipartisan basis in the last 197–198). tential conflict was identified, the center Congress to get the Omnibus Patent Air assaults began on January 17, and land would react by gathering representatives war began on February 24 (U.S. News & Act, S. 507, reported by the Judiciary from each party (Peck). The center’s dip- Committee to the Senate by a vote of World Report). Iraqi civilian casualties were lomats would facilitate negotiation by sug- heavy. The land war lasted only 100 hours, gesting ways to make concessions; and hope- 17 to one, and then tried to have this but numerous oil wells were set afire, caus- fully, war would be prevented. bill considered and passed by the Sen- ing the emission of dangerous gases. Peace Preventive diplomacy, when used effec- ate. Unfortunately, the bill became was never truly made. Hussein resisted the tively as in Venezuela, aids in the avoiding stalled due to resistance by some in the requirements for peace, including frequent of armed conflict. However, as apparent in majority. We should consider and pass United Nations inspections and the prohibi- the tragedy in the Iraq-Kuwait dispute, when this important legislation. tion of possession of nuclear weapons (U.S. preventive diplomacy is not effective, people Madrid Protocol Implementation New & World Report 447). on both sides of the conflict and resources The consequences of the Iraq-Kuwait con- Act. I introduced this legislation, S. suffer. Certain measures, including regional 671, to help American businesses, and flict are grave. Civilians of both Iraq and Ku- centers, the consolidation of the problem, wait suffered. Fires in oil wells caused dan- and cooperation, should be taken for opti- especially small and medium-sized gerous air pollution. American soldiers suf- mum effectiveness. Preventive diplomacy companies, protect their trademarks as fer from the so-called Gulf War Syndrome, can make the difference between bloodshed they expand into international mar- which has caused a number of afflictions and and peace, which is necessary for survival in kets by conforming American trade- death. The Syndrome is believed to have re- these times of technological advances in mark application procedures to the sulted from the biological and chemical weaponry. As Abraham Lincoln said in his terms of the Protocol in anticipation of weapons and the gases emitted by the oil second inaugural address, ‘‘Let us strive . .. the U.S.’s eventual ratification of the wells (Eddington 1–2). to do all which may achieve a just and last- As illustrated, preventive diplomacy can treaty. Ratification by the United ing peace among ourselves and all nations’’ States of this treaty would help create affect the outcome of imminent disputes. (qtd. in Boutwell 16). Various factors affect its success. In the a ‘‘one stop’’ international trademark Venezuela border dispute, preventive diplo- f registration process, which would be an macy was effective for several reasons. First, INTELLECTUAL PROPERTY BILLS enormous benefit for American busi- the problem was recognized early; and nei- nesses. ther side was truly battle-ready. Second, the Mr. LEAHY. Mr. President, on July 1, 1999, just before last week’s recess, the Database protection. I noted upon problem was contained, in that only four na- passage of the Digital Millennium tions (Venezuela, Britain, Guyana, and the Senate passed four bills which Senator Copyright Act last year that there was U.S.) were involved. Finally, both sides were HATCH and I had joined in introducing not enough time before the end of that willing to cooperate: the U.S. supported the and which the Judiciary Committee Congress to give due consideration to Monroe Doctrine, and Britain decided that had unanimously reported on the same the issue of database protection, and the border area was not worth war. day as Senate passage. These four bills Preventive diplomacy was not effective in that I hoped the Senate Judiciary Com- would reauthorize the Patent and the Iraq-Kuwait dispute. First, the problem mittee would hold hearings and con- Trademark Office, update the statu- was not recognized and acted upon until Iraq sider database protection legislation in tory damages available under the had mobilized in Kuwait. Second, many na- this Congress, with a commitment to tions were involved in the conflict, putting Copyright Act, make technical correc- make more progress. I support legal Iraq on the defensive. Problem solving was tions to two new copyright laws en- made a worldwide effort rather than an iso- protection against commercial mis- acted last year, and prevent trademark appropriation of collections of informa- lated effort concerning Iraq, Kuwait, and a dilution. Each of these bills makes im- few mediators. Finally, Hussein and the tion, but am sensitive to the concerns portant improvements to our intellec- Iraqis were and remain unwilling to cooper- raised by the Administration, the li- ate for peace, as illustrated by the recent tual property laws, and I congratulate braries, certain educational institu- problems with weapons’ inspections. Senator HATCH for his leadership in tions, and the scientific community. With increasingly powerful weapons of moving these bills promptly through This is a complex and important mat- mass destruction, preventive diplomacy is the Committee and the Senate. ter that I look forward to considering particularly important. Moreover, pre- Passage of these four bills is a good venting crises is more effective than dealing in this Congress. start, but we must not lose sight of the Tampering with product identifica- with the consequences of armed conflict other copyright and patent issues re- (USIA Electronic Journals). Consequently, tion codes. Product identification some factors could be initiated to make pre- quiring our attention before the end of codes provide a means for manufactur- ventive diplomacy more effective in the fu- this Congress. The Senate Judiciary ers to track their goods, which can be ture. First, nations must learn about other Committee has a full slate of intellec- important to protect consumers in nations’ cultures in order to learn respect for tual property matters to consider and I cases of defective, tainted or harmful the people (‘‘Stopping War Before It am pleased to work on a bipartisan products and to implement product re- Starts’’). Children should be taught about basis with the chairman on an agenda calls. Defacing, removing or tampering the other countries’ histories and cultures in to provide the creators and inventors with product identification codes can school; and current information about events of copyrighted and patented works abroad should be readily available to the thwart these tracking efforts, with po- public. Secondly, acceptable political behav- with the protection they may need in tential safety consequences for Amer- ior must be explicitly defined by an inter- our global economy, while at the same ican consumers. We should examine the national council that all nations will be time providing libraries, educational scope of, and legislative solutions to aware of the consequences of their actions institutions and other users with the remedy, this problem. (Kennan 83). The ownership of nuclear weap- clarity they need as to what con- Online trademark protection or ons, for example, should be limited. An inter- stitutes a fair use of such works. ‘‘cybersquatting.’’ I have long been national council would deal with breaches of Among the other important intellec- concerned with protection online of the rule by inspections, reprimands, and tual property matters for us to con- registered trademarks. Indeed, when military action, if necessary. Preventive diplomacy centers must be es- sider are the following: the Congress passed the Federal Trade- tablished in all regions (Peck). Each center Distance education. The Senate Judi- mark Dilution Act of 1995, I noted that: would have professional peacemakers and ciary Committee held a hearing in May [A]lthough no one else has yet considered staffs, and report to the previously men- on the Copyright Office’s thorough and this application, it is my hope that this July 12, 1999 CONGRESSIONAL RECORD — SENATE S8253 antidilution statute can help stem the use of ‘‘No Electronic Theft Act.’’ The cur- onciliation Act of 1990, which imposed deceptive Internet addresses taken by those rent rates of software piracy show that a large fee increase (referred to as a who are choosing marks that are associated we need to do better to combat this ‘‘surcharge’’) on those who use the with the products and reputations of others. theft, both with enforcement of our PTO, namely businesses and inventors (CONGRESSIONAL RECORD, December 29, 1995, page S19312). current copyright laws and with applying for or seeking to protect pat- strengthened copyright laws to deter ents on trademarks. Last year, my amendment author- potential infringes. The fees accumulated from the sur- izing a study by the National Research The Hatch-Leahy-Schumer ‘‘Digital charge were held in a surcharge ac- Council of the National Academy of Theft Deterrence and Copyright Dam- count, for use by the PTO to support Sciences of the effects on trademark ages Improvement Act’’ would help the patent and trademark systems. Un- holders of adding new top-level domain provide additional deterrence by fortunately, however, the funds in the names and requesting recommenda- amending the Copyright Act, 17 U.S.C. surcharge account were also diverted tions on related dispute resolution pro- § 504(c), to increase the amounts of to fund other, unrelated government cedures, was enacted as part of the statutory damages recoverable for programs. By fiscal year 1997, almost Next Generation Internet Research copyright infringements. These $54 million from the surcharge account Act. We have not yet seen the results amounts were last increased in 1988 was diverted from PTO operations. of that study, and I understand that when the United States acceded to the Last year, Congress responded to this the Internet Corporation for Assigned Berne Convention. Specifically, the bill diversion of PTO fees by enacting H.R. Names and Numbers (I–CANN) and would increase the cap on statutory 3723/S. 507, which the chairman and I World Intellectual Property Organiza- damages by 50 percent, raising the min- had introduced on March 20, 1997. That tion (WIPO) are considering mecha- imum from $500 to $750 and raising the legislation authorized a schedule of nisms for resolving trademark and maximum from $20,000 to $30,000. In ad- fees to fund the PTO, but no other gov- other disputes over assignments of do- dition, the bill would raise from ernment program, and resulted in the main names in an expeditious and inex- $100,000 to $150,000 the amount of statu- first decrease in patent application fees pensive manner. tory damages for willful infringements. in at least 50 years. This is an important issue both for Courts determining the amount of This PTO reauthorization bill would trademark holders and for the future of statutory damages in any given case make $116,000,000 available to the Pat- the global Internet. While I share the would have discretion to impose dam- ent and Trademark Office, a self-sus- concerns of trademark holders over ages within these statutory ranges at taining agency, to pay for salaries and what WIPO has characterized as ‘‘pred- just and appropriate levels, depending necessary expenses in FY 2000. This atory and parasitical practices by a mi- on the harm caused, ill-gotten profits money reflects the amount in carry- nority of domain registrants acting in obtained and the gravity of the offense. over funds from FY99 that PTO expects bad faith’’ to register famous or well- The bill preserves provisions of the cur- to receive from fees collected, pursuant known marks of others—which can rent law allowing the court to reduce to the Patent Act and the Trademark lead to consumer confusion or down- the award of statutory damages to as Act. By authorizing the money to go to right fraud—the Congress should tread little as $200 in cases of innocent in- PTO, the bill would avoid diversion of carefully to ensure that any remedies fringement and requiring the court to these fees to other government agen- do not impede or stifle the free flow of remit damages in certain cases involv- cies and programs. Inventors and the information on the Internet. I know ing nonprofit educational institutions, business community who rely on the that the Chairman shares my concerns libraries, archives, or public broad- patent and trademark systems do not and that working together we can find casting entities. want the fees they pay to be diverted legislative solutions which make sense. In addition, the bill would create a but would rather see this money spent As detailed below, the four intellec- new tier of statutory damages allowing on PTO upgraded equipment, addi- tual property bills by the Senate will a court to award damages in the tional examiners and expert personnel help foster the growth of America’s amount of $250,000 per infringed work or other items to make the systems creative industries. where the infringement is part of a more efficient. This bill would ensure S. 1257, THE DIGITAL THEFT DETERRENCE AND willful and repeated pattern or practice those fees are not diverted from impor- COPYRIGHT DAMAGES IMPROVEMENT ACT OF 1999 of infringement. I note that the House tant PTO operations. I have long been concerned about re- version of this legislation, H.R. 1761, S. 1260, COPYRIGHT ACT TECHNICAL CORRECTIONS ducing the levels of software piracy in omits any scienter requirement for the ACT this country and around the world. The new proposed enhanced penalty for in- In the last Congress, Senator HATCH theft of digital copyrighted works and, fringers who engage in a repeated pat- and I worked together for passage of in particular, of software results in lost tern of infringement. I share the con- the Digital Millennium Copyright Act jobs to American workers, lost taxes to cerns raised by the Copyright Office (DMCA) and the Sonny Bono Copyright Federal and State governments, and that this provision, absent a willful- Term Extension Act. This significant lost revenue to American companies. A ness scienter requirement, would per- legislation is intended to encourage recent report released by the Business mit imposition of the enhanced penalty copyright owners to make their works Software Alliance estimates that even against a person who negligently, available online by updating the copy- worldwide theft of copyrighted soft- albeit repeatedly, engaged in acts of in- right laws with additional protections ware in 1998 amounted to nearly $11 bil- fringement. The Hatch-Leahy-Schumer for digital works, and conforming copy- lion. According to the report, if this bill avoids casting such a wide net, right terms available to American au- ‘‘pirated software had instead been le- which could chill legitimate fair uses thors to those available overseas. The gally purchased, the industry would of copyrighted works. Hatch-Leahy substitute amendment to have been able to employ 32,700 more S. 1258, THE PATENT FEE INTEGRITY AND this bill adopted by the Judiciary Com- people. In 2008, if software piracy re- INNOVATION PROTECTION ACT OF 1999 mittee and passed by the Senate, mains at its current rate, 52,700 jobs The Patent Fee Integrity and Innova- makes only technical and conforming will be lost in the core software indus- tion Protection Act would reauthorize changes to those new laws and the try.’’ This theft also reflects losses of the Patent and Trademark Office for Copyright Act. $991 million in tax revenue in the fiscal year 2000, on terms that ensure S. 1259, THE TRADE AMENDMENTS ACT OF 1999 United States. the fees collected from users will be The Hatch-Leahy Trademark Amend- These statistics about the harm done used to operate the Patent and Trade- ments Act is significant legislation to to our economy by theft of copyrighted mark Office and not diverted to other enhance protection for trademark own- software alone, prompted me to intro- uses. ers and consumers by making it pos- duce the ‘‘Criminal Copyright Improve- The PTO is fully funded and operated sible to prevent trademark dilution be- ment Act’’ in both the 104th and 105th through the payment of application fore it occurs, by clarifying the rem- Congresses, and work over those two and user fees. Indeed, taxpayer support edies available under the Federal Congresses for passage of this legisla- for the operations of the PTO was trademark dilution statute when it tion, which was finally enacted as the eliminated in the Omnibus Budget Rec- does occur, by providing recourse S8254 CONGRESSIONAL RECORD — SENATE July 12, 1999 against the Federal Government for its functional. This will help promote fair such insight in profiling President infringement of others’ trademarks, competition and provide an incentive George Bush on the occasion of his 75th and by creating greater certainty and for registration. birthday. uniformity in the area of trade dress Finally, this bill makes a number of Mr. LIEBERMAN. Mr. President, I protection. technical ‘‘clean-up’’ amendments re- rise today on behalf of Senator LUGAR Current law provides for injunctive lating to the ‘‘Trademark Law Treaty and myself to note the passing of an- relief after an identical or similar Implementation Act,’’ which was en- other milestone for former President mark has been in use and has caused acted at the end of the last Congress. George Bush, a man the State of Con- actual dilution of a famous mark, but These bills represent a good start on necticut considers a native son. Presi- provides no means to oppose an appli- the work before the Senate Judiciary dent Bush recently celebrated his 75th cation for a mark or to cancel a reg- Committee to update American intel- birthday in his typically exuberant istered mark that will result in dilu- lectual property law to ensure that it fashion, by jumping out of an airplane, tion of the holder’s famous mark. In serves to advance and protect Amer- just as he did on his 70th birthday. Babson Bros. Co. v. Surge Power Corp., 39 ican interests both here and abroad. I After such a long and distinguished USPQ 2d. 1953 (TTAB 1996), the Trade- began, however, with the list of copy- career of public service—which started mark Trial and Appeals Board (TTAB) right, patent and trademark issues in the South Pacific, where he put his held that it was not authorized by the that we should also address. We have a life on the line for the cause of free- ‘‘Federal Trademark Dilution Act’’ to lot more work to do. dom, and which culminated in the Per- consider dilution as grounds for opposi- f sian Gulf, where he put his Presidency tion or cancellation of a registration. on the line to stand up to the brutal THE VERY BAD DEBT BOXSCORE The bill remedies this situation by au- aggression of Saddam Hussein—it’s thorizing the TTAB to consider dilu- Mr. HELMS. Mr. President, at the hard for some to believe that President tion as grounds for refusal to register a close of business Friday, July 9, 1999, Bush would have the interest, let alone mark or for cancellation of a registered the Federal debt stood at the energy, to pursue his sky-diving mark. This would permit the trade- $5,623,337,708,599.03 (Five trillion, six habit as a septuagenarian. mark owner to oppose registration or hundred twenty-three billion, three But no one has ever accused the man to petition for cancellation of a dilut- hundred thirty-seven million, seven who assembled and led the Gulf War co- ing mark, and thereby prevent needless hundred eight thousand, five hundred alition to victory of taking the easy harm to the good will and distinctive- ninety-nine dollars and three cents). way out. And today, much as we have ness of many trademarks and make en- One year ago, July 9, 1998, the Fed- grown to appreciate the fortitude and forcing the Federal dilution statute eral debt stood at $5,526,093,000,000 unobtrusive dignity he brought to the less costly and time consuming for all (Five trillion, five hundred twenty-six Presidency, so too can we admire the involved. billion, ninety-three million). vitality and vigor he has brought to his Second, the bill clarifies the trade- Fifteen years ago, July 9, 1984, the life outside the Oval Office. He has mark remedies available in dilution Federal debt stood at $1,535,474,000,000 shown himself to be a man for all sea- cases, including injunctive relief, de- (One trillion, five hundred thirty-five sons, not to mention all altitudes. fendant’s profits, damages, costs, and, billion, four hundred seventy-four mil- Those estimable characteristics were in exceptional cases, reasonably attor- lion). vividly captured in a profile recently ney fees, and the destruction of articles Twenty-five years ago, July 9, 1974, penned by White House correspondent containing the diluting mark. the Federal debt stood at Trude B. Feldman to commemorate Third, the bill amends the Lanham $471,954,000,000 (Four hundred seventy- President’s Bush’s birthday. To pay Act to allow for private citizens and one billion, nine hundred fifty-four tribute to President Bush on the pass- corporate entities to sue the Federal million) which reflects a debt increase ing of this important milestone, and in Government for trademark infringe- of more than $5 trillion— the spirit of bipartisanship, I would ment and dilution. Currently, the Fed- $5,151,383,708,599.03 (Five trillion, one join with Senator LUGAR in asking eral Government may not be sued for hundred fifty-one billion, three hun- unanimous consent to print the full trademark infringement, even though dred eighty-three million, seven hun- text of Ms. Feldman’s article in the the Federal Government competes in dred eight thousand, five hundred nine- RECORD. some areas with private business and ty-nine dollars and three cents) during There being no objection, the article may sue others for infringement. This the past 25 years. was ordered to be printed in the bill would level the playing field, and f RECORD as follows: make the Federal Government subject [From the Los Angeles Times International] to suit for trademark infringement and PRESIDENT BUSH’S 75TH GEORGE BUSH AT 75 dilution. I note that the Lanham Act BIRTHDAY also subjects the States to suit, but Mr. LUGAR. Mr. President, it would (By Trude B. Feldman) that provision has now been held un- be remarkable for any American to cel- George Bush, the former President of the constitutional. Last week, the Su- ebrate his or her 75th birthday by sky- United States, just turned 75 years old, and diving, but it is even more remarkable says, ‘‘It doesn’t hurt a bit.’’ preme Court held in College Savings In an interview to mark the milestone, he Bank versus Florida Prepaid Postsec- when that person is the former Presi- adds: ‘‘I am blessed with good health—very ondary Education Expense Board that dent of the United States. I would ex- good health. Oh, one hip might need replac- federal courts were without authority pect no less however, of former presi- ing and the other might need a little shot of to entertain these suits for false and dent George Bush. something, but I still fast-walk—13 minutes misleading advertising, absent the From the South Pacific to China to per mile—enough to get the aerobic effect State’s waiver of sovereign immunity. the White House, he has been as brave going, yet not enough to pound the old joints This case (as well as the other two Su- and bold in honorably serving his coun- into agony.’’ try as he has been in his private life. Nonetheless, prior to his birthday, he took preme Court cases decided the same another parachute jump on the grounds of day), raise a number of important His leadership in holding together the his presidential library at Texas A & M Uni- copyright, federalism and other issues, international coalition during the Gulf versity in College Station, Texas. The next but do not effect the provision in the War seems even more remarkable in re- day, he participated in a fund-raising event bill that waives Federal government cent years, as other attempts to hold for his Number One cause—the fight against immunity from suit. together a Persian Gulf alliance have cancer—that will highlight the role the Fouirth, the bill provides a limited failed. Houston-based M.D. Anderson Cancer Center amendment to the Lanham Act to pro- Mr. President, I am pleased to join has played in that fight. (It was leukemia vide that in an action for trade dress the Senator from Connecticut, Mr. that took the life of the Bushes’ daughter, Robin, in 1953 before her 4th birthday. infringement, where the matter sought LIEBERMAN, in bringing attention to a George Bush’s father, Prescott S. Bush, a to be protected is not registered with wonderful story by the indefatigable U.S. senator from Connecticut (1953–62), also the PTO, the plaintiff has the burden of White House Correspondent, Trude died of cancer—of the lung—on Oct. 8, 1972, proving that the trade dress is not Feldman. Few people could provide at age 77.) July 12, 1999 CONGRESSIONAL RECORD — SENATE S8255 The father of five children—two of whom the world to change. ‘‘President Reagan con- humor and optimistic outlook haven’t are the governors of America’s second and tributed by building a foundation of prin- changed. And now, even on his 75th birthday, fourth largest states—George Bush told me: ciples that is solid,’’ Mr. Bush remembers, he isn’t comfortable focusing attention on ‘‘Last November, when George W. was re- ‘‘and I was proud to build upon that.’’ himself.’’ elected governor of Texas and Jeb (John Born in June 1924, in Milton, Mass., George George Bush says that he has allowed his Ellis Bush) was elected governor of Florida, Herbert Walker Bush was named for his children to do their own thing. ‘‘Barbara and I was happier than when I was elected Presi- mother’s father. George Bush’s mother, I decided that they were strong enough to dent of the United States 10 years before.’’ Dorothy, died of a stroke at age 91. ‘‘Even at chart their own course, to lead their own After his Inauguration as the 41st Presi- 90 she was the moral leader of our family and lives,’’ he says. ‘‘They do not often need fine- dent on Jan. 20, 1989, George Bush went to the idol of our children and grandchildren,’’ tuning advice from their parents.’’ the Oval Office in the White House. In the he recalls. ‘‘I often think of her advice on the As for Marvin, Neil and Doro, he says, they top drawer of the presidential desk, he found fundamentals—to be tolerant, to turn the are good children and happy out of politics. a handwritten note from President Ronald other cheek, to stand against discrimination ‘‘George and Jeb, in spite of the ugliness of Reagan. On stationery headed ‘‘Don’t Let the and for fair play.’’ He credits her with in- the times, have decided to get into politics,’’ Turkeys Get You Down,’’ the note read stilling in him a respect for principles and he told me. ‘‘Having two sons as governors is ‘‘Dear George, You will have moments when values that motivate him to this day. ‘‘She a blessing that I cannot describe. I am proud you want to use this stationery. Well, go to was the personification of everything that is of them and I don’t want to see them hurt in it. I treasure the memories we share and good, everything that is for our family—the what, unfortunately, has become a mean, in- wish you the very best. You will be in my Christian ethic,’’ he adds. ‘‘She set examples. trusive political climate. They are honest prayers. God bless you and Barbara. I will She would discipline us, then put her arms and honorable men with wonderful families miss our Thursday lunches . . . Ron.’’ around us and love us.’’ of their own and with nothing to be ashamed As President and Vice President (from 1981 The Rev. Billy Graham, who first met of. But some in the press have literally gone to 1989), the two men ate lunch together George Bush through his relationship with well beyond the bounds of just plain common every Thursday in the Oval Office and shared the senior Bushes, describes Dorothy Bush as decency. And, as you know, I have disdain each others’ views on domestic issues and a ‘‘woman of God, a wonderful Bible student, for the policies of destruction.’’ foreign affairs as well as personal senti- who constantly emphasized spirituality, hon- Why, then, I asked, in view of today’s de- ments. To this day, neither one has revealed esty and integrity.’’ structive atmosphere, does George Bush those conversations. Despite their fierce In an interview, Rev. Graham also told me want his two sons in the political arena? competition in the presidential primaries in that George Bush is ‘‘one of the best and ‘‘Because,’’ he responds, ‘‘I believe if good 1980, Mr. Bush had been genuinely loyal to most loyal friends I ever had. I admire him and competent people are unwilling to get Mr. Reagan in eight years as Vice President. for the way he loves his family and friends; involved, our whole system of democracy is Five years ago, while preparing a feature for the way he handled his near-death experi- diminished.’’ for George Bush’s 70th birthday, I asked Ron- ence in World War II when his plane was shot When contemplating his legacy, does he ald Reagan about those private lunches. down; and for his courageous speeches on think in terms of his two governor sons as While not disclosing much of the substance controversial issues.’’ being an extension of him? of their sessions, he did tell me that Mr. Describing George Bush as ‘‘one of Amer- ‘‘Regarding George W. and Jeb, I do not Bush was much more than a silent partner ica’s greatest presidents who provided excel- think in terms of legacy,’’ he replies. ‘‘I just and that his solid advice was always valued. lent leadership and brought to the office take great pride in two extraordinarily able ‘‘From those luncheons and from our con- close family ties and strong religious faith,’’ and strong men who, on their own—without stant interaction, I got to know him well,’’ Rev. Graham adds that Mr. Bush had also their father’s help—have already gone a long Ronald Reagan told me. ‘‘He was always in- put the presidency on a high level and main- way.’’ formed, understanding and decent. He was tained the dignity of the office that Ronald He adds that marrying the mother of his also wise, honest and capable.’’ Reagan bequeathed to him. five kids was the best decision he made in his Mr. Reagan added: ‘‘No American Vice Rev. Graham led the prayers at George personal life. ‘‘That was 541⁄2 years ago,’’ President should sit on the sidelines, wait- Bush’s Inauguration for President in 1989 as George Bush reminisces. ‘‘I first met Barbara ing; he should be like an executive vice well as for the swearing-in ceremonies for Pierce at a Christmas party, just after Pearl president of a corporation—active—and Gov. George W. Bush in 1995 and Gov. Jeb Harbor was attacked. I was 17 and she was 16. George was all that. He was a part of all we Bush in 1999. The U.S. was at war, so ours was a wartime did—during times of crises and times of his- While George Bush was the leader of the romance. Ever since, to me, it has been a toric triumphs and achievements.’’ Free World, his five children knew him as classic love story. In our interview, Mr. Reagan also recalled: their loving, attentive father—a constant, ‘‘We found we had much in common, even ‘‘As Vice President, George led the task guiding influence on their lives. They, in our sense of humor. When I graduated from force to cut away excess regulation, saving turn, have proven to be loving children who Phillips Exeter Academy (a preparatory Americans 600 million man-hours of paper- did their part to give him a lasting place in school in Andover, Mass., on June 4, 1942), I work a year and making possible millions of history as well as to sustain his pride in took Barbara to the senior prom.’’ new jobs. He also worked with our allies to them. In addition to the two governor sons— Eight days, later, his 18th birthday, he en- strengthen NATO; and he helped make pos- there are Marvin and Neil, both business- listed in the U.S. Navy as a Seaman Second sible the new INF (Intermediate-Range Nu- men, and Dorothy (Doro), still the apple of Class. In 1943, he earned his wings and was clear Forces) Treaty. I’d say he helped to her father’s eye. commissioned as the youngest naval aviator, make our world much safer.’’ At the time of Doro’s birth, in August 1959, assigned to USS San Jacinto in the Pacific. Ronald Reagan noted that Mr. Bush also in Houston, Texas, her father was in the off- At the time of his marriage, on Jan. 6, 1945, had launched a successful major offensive shore oil-drilling business. Since then, he has a man under 21 years of age needed parental against drug smuggling that succeeded in been a two-term congressman from Texas consent to marry; a woman over 18 did not. blocking a record 70 tons of cocaine from (1967–71); U.S. Ambassador to the United Na- Mr. Bush’s brother, Prescott, remembers ever reaching our communities. ‘‘In addition, tions (1971–73); chairman of the Republican that 191⁄2-year-old Barbara was ‘‘really he handled our Task Force on Terrorism National Committee (1973–74); chief of the ticked’’ that her 201⁄2-year-old fiance´—a war that advised me on policy,’’ Mr. Reagan said. U.S. Liaison office in Beijing (1974); director hero with a Distinguished Flying Cross—had ‘‘He was the architect of the plans we put of the Central Intelligence Agency (1976); to get his parents’ permission to marry. And into effect.’’ Vice President of the United States (1981–89), despite teasing suggestions that two Geminis In defending Mr. Bush’s role in the Iran- and President of the United States (1989–93). are usually not compatible—the ‘‘warnings’’ Contra affair—the crisis that engulfed and Rather than complain about the demands still amuse the Bushes. (Mrs. Bush was also threatened his presidency—Mr. Reagan em- on her peripatetic father’s time over the born in June—on the 8th.) She recalls that phasized: ‘‘George had been completely hon- years, Doro expresses pride in his achieve- the timing of their wedding was determined est. He was supportive of our policy—to es- ments and reflects on their relationship. She by world events, because had it not been for tablish communication with the pragmatic says her father has given her a strong sense the war, she believes neither family would leadership in Iran with the goal of eventu- of security and has enhanced her life. ‘‘No have consented to their marrying at that ally renewing U.S.-Iranian relations. Yes, he matter how hard he worked in his various young age. had some reservations, but that often hap- jobs, he took time for family, friends and Today, Mr. Bush admits to many dis- pened with other issues. For example, when small kindnesses, which really meant so appointments—personally and in politics, we discussed and debated any policy at our much,’’ she adds. ‘‘I’m now the mother of even in the Oval Office—‘‘but none that have Cabinet meetings—some Cabinet members four children, and I try to instill my dad’s shaken our happy marriage.’’ still had reservations after I made a decision. teachings in them.’’ As a boy, George Bush often went to But once the decision was made, they sup- She says that his high positions did not Yankee Stadium (in New York) with his fa- ported it. That’s what George did—he sup- change him as a father—that he has always ther and had youthful hopes of one day play- ported my decision.’’ had a gentle, personal touch and, to this day, ing first base there. Years later, when base- According to George Bush, who visited continues to care about the details in each of ball great Babe Ruth came to Yale Univer- with Ronald Reagan two years ago, it was his children’s lives. ‘‘He still writes us spe- sity to present his papers at a ceremony at President Reagan who had set the stage for cial notes,’’ she says, ‘‘and his sense of the stadium, George Bush, as captain of the S8256 CONGRESSIONAL RECORD — SENATE July 12, 1999 baseball team, was chosen to receive the pa- George Bush a tremendous Commander in the President during its considerations by pers in behalf of the university. (Mr. Bush Chief. And as President of the U.S., he Congress—provides a significant vehicle to graduated Phi Beta Kappa with a degree in brought class, character and dignity to the secure access to the mainstream of American economics from Yale in 1948—the year Babe office.’’ society for those 54 million Americans with Ruth died.) George Bush emphasizes that the decision physical, mental and sensory disabilities. ‘‘Meeting Babe Ruth,’’ he recalls, ‘‘was one to commit troops to battles is the most oner- (Thornburgh’s son, Peter, now 39, was the of the most memorable days of my young ous a Chief Executive can make. His most victim of a car accident in 1960 when he was life.’’ difficult moment in the Oval Office, he re- 4 months old. He suffered serious brain inju- While George Bush did not go on to a ca- calls, was when he had to decide whether or ries, causing mental retardation.) reer in baseball, he is, today, one senior cit- not to send someone’s son or daughter to ‘‘In this, as in other endeavors, George izen who is the personification of the war. ‘‘To commit one to fight—to put one in Bush’s compassion and commitment to jus- premise that there is life after 40—even after harms’ way,’’ he stresses, ‘‘is the toughest of tice for all was an inspiration to those of us 75. He is in great demand the world over for all calls.’’ I did this in Panama, in the Gulf privileged to serve in his administration.’’ speaking engagements on all subjects and and Somalia, but I did it knowing we were Manifesting his concern for human rights, issues. Since leaving the White House, he has going to give them full support—to enable Mr. Bush visited the infamous Nazi con- visited some 55 foreign countries. Last week, them to complete their mission, to win and centration camp at Auschwitz in Poland in he was in Korea and Thailand, as well as in come home. 1987 when he was Vice President of the Hong Kong, where he spoke at The Inter- ‘‘This we did. I regret that the mission in United States. He then told me that that national Bank of Asia. Somalia changed after I left the White visit made him determined not just to re- On the lecture circuit, he recently ad- House. I do not like mission creep (an evo- member the Holocaust, but, more important, dressed organizations such as the American lution of the mission away from its origi- to strengthen his resolve to renew America’s Medical Association and the American Hotel nally stated purpose). I was proud of our commitment to human rights the world & Motel Association. military in all three actions.’’ over. To what does he attribute his long, happy He adds, ‘‘You know, I miss dealing with He quoted Nobel Peace Laureate Elie and healthy life? our military because I believe in ‘duty, Wiesel, a Holocaust survivor who this week ‘‘Possibly because I was so active,’’ he honor, country.’ My own military experience is in Macedonia, visiting refugees from says. ‘‘And I’ve always been involved in com- in WW II well equipped me to wrestle with Kosovo: ‘‘In extreme situations, when human petitive sports.’’ the problems of military action. That also lives and dignity are at stake, neutrality is He still revels in fresh-air sports—fishing, instilled in me a respect for those who do a sin.’’ swimming, high-speed boating, camping, golf their duty for our country. I was proud to Elie Wiesel, now a professor at Boston Uni- and horseshoes. His passion for pitching wear our uniform in WW II, and when I was versity, spoke at a recent Millennium horseshoes was once so strong that he built Commander in Chief I took pride in my sup- Evening at the White House on ‘‘The Perils a horseshoe court with two pits on the port of the military.’’ of Indifference: Lessons Learned From a Vio- grounds of the White House when he was its Two years ago, when George Bush jumped lent Century.’’ He later told me that in the occupant. from an altitude of 12,5000 feet and opened years he has know George Bush, he always ‘‘Physically, I’m still in good shape and his parachute canopy at 4,000 feet above the found him to be sensitive to issues related to feel young at heart,’’ he says, ‘‘but there are Yuma Proving Ground in Arizona, he called human rights. things I cannot do anymore, like jogging and that feat a great thrill. ‘‘I was alone, at ‘‘As Vice President, he directed the rescue tennis (he has played with tennis champs peace,’’ he recalls. ‘‘I was floating into the mission that brought the surviving remnant Billie Jean King and Chris Evert). I travel a tranquil sands of Yuma.’’ of Ethiopian Jews to Israel,’’ he adds, ‘‘and lot and have tons of energy. Oh, once in a That jump was in keeping with a personal he was instrumental in enabling a group of while, I get really tired, but I’m lucky with vow to ‘‘some day, do it right’’ (jumping Nobel laureates to go to Poland, still under my physical condition.’’ from a plane) he made after Sept. 2, 1944, the dictatorship of Gen. Jaruzelski.’’ Does aging bother him? when he bailed out of his flaming torpedo If he had his presidency to live over, what ‘‘Not in the least,’’ he says. ‘‘I haven’t lost bomber near Japanese-held Chichi Jima Is- would George Bush have done differently? interest in events, nor have my body and land, some 150 miles from Iwo Jima. After ‘‘I would like to have been a better com- health deserted me. The only thing about five hours in the water, he was rescued by a municator so I could have convinced the aging that does bother me is that I want to submarine. American people in 1992 that we were not in be here on Earth long enough to see my I asked George Bush if the pilot—recently a depression, that the economy had recov- grandkids—all 14 of them—grow up and be downed over Serbia in the former Republic of ered,’’ he says. ‘‘We handed the Clinton Ad- happily married, raising their own kids. Yugoslavia—brought back memories of when ministration a fast-growing economy, but I That would be the best things that could he was shot down as a Navy pilot 55 years could not convince the people or the media happen to me after a full and happy and ago. that this was so.’’ lucky life.’’ ‘‘To some degree, yes, it did, because, like He describes as ‘‘wonderful’’ his 12 years in He says he worries about the decline and this pilot, I was shot down near the enemy,’’ the White House as Vice President and Presi- disintegration of today’s American family. he remembers. ‘‘I wasn’t sure that I would be dent, but he continues to feel a sense of ‘‘I’m convinced that this decline leads to the rescued. Neither was this pilot sure he would ‘‘sadness’’ that he was not given another four many social and cultural problems facing be found. I knew the Navy would go all out years ‘‘to finish what I had begun.’’ our nation,’’ he adds. ‘‘Thank God, we have to find me. This pilot felt sure his comrades In Rev. Graham’s view, George Bush lost mentors and ‘other points of light’ willing to in arms would go the extra mile to rescue that election ‘‘mainly because his campaign help the neglected kids, to read to them, to him. He prayed, and so did I—so, yes, there people did not work hard enough, and some love them. But so many slip through the are some similarities.’’ of his advisors gave him wrong advice. There cracks. When the parents go AWOL, the kids If George Bush could have had his life to was also an element of over-confidence due are hurt and our society suffers.’’ live again, what would he have done dif- to the favorable polls.’’ Turning to his years in the White House, ferently? Gen. Brent Scowcroft, Mr. Bush’s National Mr. Bush says that, as President, one of his ‘‘I would not do anything differently,’’ he Security Advisor, still considers it a ‘‘trag- best decisions was selecting Colin L. Powell answers with an air of finality. ‘‘My life has edy’’ that George Bush lost the 1992 election as the Chairman of the Joint Chiefs of Staff. been a good one—satisfying and rewarding. I and did not have four more years ‘‘to build (During his years in the highest military po- did not set a grand design for my career. I the sense of closeness with other foreign sition in the Department of Defense, Gen. just tried to do well in each of my jobs and leaders—which could have done so much to Powell oversaw 28 crises, including Oper- lead a meaningful life. promote a closer world community.’’ ation Desert Storm in the 1991 Persian Gulf ‘‘I also tried to make a difference in the For his part, Mr. Bush continues, that if he War.) ‘‘Another important decision, once it lives of others. I have always cared about the had had his way, he would have won the elec- became clear we had to fight in Desert welfare of others.’’ tion ‘‘because I would have done a better job Storm, was to put full confidence in the mili- Attesting to Mr. Bush’s self-assessment, of getting out the facts and the benefit of tary and not try to second-guess them or former Attorney General Dick Thornburgh our programs, and I would have gotten more change the mission,’’ Mr. Bush told me. ‘‘My told me that throughout his presidency, legislation through Congress. team and I did the diplomacy, and then, George Bush exhibited an extraordinary sen- ‘‘For instance, the economy was better when we had to go to war, we let the mili- sitivity to questions of law and justice and than it had been reported,’’ he recalls, ‘‘but tary, under the leadership of Gen. Powell; the protection of the civil rights and civil the media pounded me on how bad things Dick Cheney (Secretary of Defense) and Nor- liberties of all Americans. ‘‘Nowhere,’’ Mr. were. When I said we were not in recession, man Schwarzkopf (commanding general of Thornburgh states, ‘‘was this more evident the press ridiculed me. It turned out that the the U.S. forces in the Gulf) and others, fight than in President Bush’s support for the recession ended in the spring of 1991.’’ and win.’’ Americans With Disabilities Act—which he If he could turn back the clock, what deci- Gen. Powell, also a National Security Ad- signed into law on July 26, 1990.’’ sions would he have changed? visor in the Reagan White House and now Mr. Thornburgh, a former governor of ‘‘Given the way history worked out, rais- chairman of ‘‘America’s Promises—The Alli- Pennsylvania, adds, ‘‘This important civil ing taxes was not good because it got at my ance for Youth,’’ told me: ‘‘I considered rights legislation—strongly championed by word,’’ he recalls. ‘‘People said that I broke July 12, 1999 CONGRESSIONAL RECORD — SENATE S8257 my word, and that is a regret. Raising taxes According to Rev. Billy Graham, George ‘‘I am not sure there has been a funda- was my worst desision. I lost the election be- Bush is ‘‘anything but a wimp—look how he mental change,’’ he told me. ‘‘I hope I have cause of the economy. Yet, what I was say- handled the Gulf War. Everyone has faults, become more tolerant of the different opin- ing—at the time—about the economy was but he has fewer than almost any leader I ions of others. I feel even more convinced true.’’ have known.’’ that the United States of America must stay On other decisions, Mr. Bush believes that Gen. Scowcroft—co-author with Mr. Bush involved in the world and be the leader. his wisest was having ‘‘mobilized the world of ‘‘A World Transformed’’ (Knopf, 1998)— ‘‘You know, there was a time during the to stand up against aggression’’ in the Per- puts it this way. ‘‘One misperception is what Cold War days when I had only disdain for sian Gulf. became known as the ‘wimp factor.’ That Russia and China. That has changed a lot. He describes the start of Iraq’s invasion of was the view that he was unwilling to make We must stay engaged with both nations. We Kuwait as ‘‘a critical moment in world his- tough decisions or stand up for his beliefs. must look at the big picture and work close- tory.’’ That was a total misperception because he ly with both of these powers—not doing it On that night—Jan. 16, 1991—he invited fully demonstrated his decisive manner in their way, but not always bashing them, ei- Rev. Billy Graham to the White House for the way he, as President, conducted the for- ther.’’ private prayers. The next morning, Rev. eign and military policy of the United I asked George Bush for his views on the Graham conducted a prayer service for the States. By the time he became President, he current crisis in Kosovo. Bush Cabinet, congressional leaders and Ma- was not only a true foreign policy profes- His response: ‘‘I will not criticize President rines at a chapel in Ft. Myer, a military sional but he knew the leaders of virtually Clinton and, thus, will say nothing more.’’ compound in Virginia. ‘‘Our prayers were for every country. That enabled him to establish Concerning the revelations of surreptitious a short war,’’ Rev. Graham says, ‘‘and one a personal diplomacy that I believe is with- Chinese espionage allegedly involving four that would be followed by a long period of out parallel in the presidency. He commu- American administrations, Gen. Scowcroft, peace in the Mideast.’’ nicated directly with an enormous number of speaking for the Bush Administration, told He also told me that George Bush will be foreign leaders. He listened to their prob- me: ‘‘In the four years as President Bush’s remembered in history for having put to- lems, explained his views, discussed what National Security Advisor, I do not recall an gether a coalition of nations in the Gulf War, U.S. policy was, or should be, thus adding a issue of Chinese espionage at the nuclear and that much of that was due to his own re- new and invaluable dimension to America’s labs being brought to my attention.’’ Dr. Condoleezza Rice, director of Soviet lationship with world leaders. ‘‘He got along ability to act and be received as the leader of and East European Affairs, national Security well with them,’’ he adds, ‘‘and that means a the world. Council in the Bush Administration (1989–91), great deal during crises.’’ ‘‘Another misperception is that he is a pa- For his accomplishments, Mr. Bush cites trician or a blue blood with an aristocratic told me that there is no one who is more de- his housing initiatives, his education pro- approach. But that’s not so. He is warm, serving of the title ‘public servant’ than George Bush. gram—America 2000—and his national en- friendly and outgoing. I never saw him, even ‘‘I most appreciated his integrity and his ergy strategy. He says he was more success- as President, put on airs or any kind of im- devotion to America,’’ She adds. ‘‘And I’m ful when he was able to work with state gov- perial manner.’’ Further describing George Bush, the man, especially grateful to him for the way that ernors on issues such as his welfare reform he handled the end of the Cold War.’’ programs, his crime-prevention initiative Gen. Scowcroft says that in the years he has known him, he has ‘‘developed and become Dr. Rice, now provost at Stanford Univer- and the Americans With Disabilities Act. sity, notes that in the former president’s ‘‘MY Administration deserved credit for broad and deeper, because he is wiling and eager to learn. He was, and is, a patient lis- book, ‘‘A World Transformed,’’ Mr. Bush de- those initiatives,’’ he recalls, ‘‘and we re- scribes his final phone conversation with Mi- ceived none.’’ tener and has a good way of eliciting the views of others on all issues.’’ khail Gorbachev only moments before the In foreign affairs, Mr. Bush considers Soviet president resigned and brought to an among his most significant achievements He adds that, as President, George Bush’s judgment was basically instinctive rather end 75 years of Soviet communism. the START II Treaty, which he signed in ‘‘Mr. Gorbachev was clearly looking for af- Moscow (Jan. 3, 1993) during his last foreign than analytical, but that it was based on ex- tensive probing discussions with principal firmation that this fateful decision would be trip as President. He also singles out Desert advisors before he made decisions. good for the word.’’ Dr. Rice points out. Storm, the U.N. coalition in 1991 to liberate Today, George Bush—looking younger ‘‘Why, might you ask, would the Soviet Kuwait from Iraqi domination. than his age—presents a picture of a man president call the President of the U.S. at He says he was satisfied with START II, full of vitality and brimming with con- that moment? It speaks volumes about how and, in terms of history Desert Storm led to fidence. He still possesses an innate sense of President Bush had managed difficult issues. many things, like people talking peace in decency but is a complex personality. He is He was tough, vigorously pursuing America’s the Midwest and the U.S. being the sole as tenacious as he is unassuming. interests and skillful in his diplomacy. country to which people turn to solidify He singles out two of many turning points ‘‘His leadership was quite and persistent. their democracies. He notes that his sec- in his life: joining the Navy in 1942 and mov- But he was also compassionate and humane. retary of State, James A. Baker III, initiated ing from the East Coast to Texas after grad- He found a way to treat this great, defeated, the Mideast peace process that began with uating from Yale. ‘‘These two moves really but still dangerous adversary with respect multilateral talks in Madrid in October 1991. changed my life in many ways,’’ he recalls. and dignity. That, more than anything, al- ‘‘We made dramatic strides, which history ‘‘My move to Texas changed my life because lowed the Soviet Union to slip quietly into will record,’’ he states. ‘‘You would never be- I learned a lot about entrepreneurship and the night—to collapse with a whimper, not a lieve that Arabs and Israelis would be talk- risk-taking.’’ bang. We all owe President Bush a great debt ing to each other. No one thought we could His first job was as a clerk in an oil-equip- for that.’’ get that done. Well, at least we got it start- ment company in Odessa, Texas, and he soon As George Bush’s secretary of State, ed, and that happened largely because of rose to become co-founder and president of James A. Baker III traveled to 90 foreign Desert Storm.’’ an oil-drilling company. countries as the U.S. confronted the unprece- Mr. Bush recalls that he learned much Twenty years ago, as a Republican Presi- dented challenges and opportunities of the from the courage of Russian President Boris dential candidate, George Bush appeared on post-Cold War era. ‘‘I think history will Yeltsin, when, in August 1991, he climbed on the NBC news program ‘MEET THE PRESS’ treat George Bush very, very well,’’ Mr. a tank to talk to the crowd supporting him to explain why he should be elected Presi- Baker told me. ‘‘He was president at a time against the hard-line Communists. ‘‘I was dent of the United States; and how he would of remarkable global changes. The world, as appreciative of what Mr. Yeltsin said about make a difference in American life—from the he and I had known it all our adult lives, me being his first and most stalwart sup- Oval Office. changed fundamentally with the collapse of porter.’’ ‘‘I believe a man can make a difference,’’ communism, the end of the Cold War and the With all of his accomplishments, what con- he pointed out. ‘‘I’d like to re-awaken our implosion of the Soviet Union. tinues to trouble George Bush and his associ- sense of pride in ourselves as it applies to ‘‘In addition, during his presidency, Amer- ates is the perception that he was a ‘‘wimp.’’ our relationships abroad.’’ People abroad are ica successfully fought the Gulf War and In retrospect, how does he view that image? wondering, ‘Does the United States want to Panama. Through his leadership, Germany ‘‘I never convinced the Washington press lead the free world anymore?’ was reunified as a member of NATO and corps of what my real heartbeat was about,’’ He also told the Christian Science Mon- Israel and all of her Arab neighbors nego- he says. ‘‘I don’t think I came through as a itor’s Godfrey Sperling: ‘‘I want to dem- tiated face to face for the first time at the caring person, and one with a sense of onstrate, and help Americans demonstrate— Madrid peace conference. humor. And the press felt I was posturing to given our strengths—that we can cope and ‘‘President Bush managed all of this with get away from my Ivy League background solve problems, particularly our domestic skill and dexterity. As a result, America was when I played horseshoes or listened to coun- economy. Once we solve these problems, I be- respected by our allies and feared by our ad- try music. Some, like Newsweek (in 1988), lieve we can offer a better life to everybody versaries—the way it should be.’’ had me down as ‘wimp.’ Some said I wasn’t in America. So I am motivated by that. Secretary Baker adds: ‘‘Another accom- tough enough. I believe my record in life en- ‘‘I also want to re-awaken a sense of pride plishment was to make the national security titled me to a better assessment than that, by putting stars in the eyes of our children.’’ apparatus of our nation work the way it but I couldn’t get around their How has his philosophy changed over the should—without the usual rivalries, back- misperceptions.’’ years? biting and counterproductive leaking to the S8258 CONGRESSIONAL RECORD — SENATE July 12, 1999 press. That enabled us to manage properly ‘‘He was a staunch defender of the need for ‘‘He is a man of integrity who served the historic changes that occurred around human intelligence—for espionage—at a America with honor. We had a very good re- the world from 1989 to 1992.’’ tough time when it really counted.’’ lationship while he was in the White House, Baker, an intimate Bush friend of 40 years, Mr. Tenet also pointed out that each day, and even though we did not agree on every also served in 1997 as the personal envoy of the men and women of the CIA provide the issue, he treated me with respect and kind- U.N. Secretary General Kofi Annan to medi- President of the United States and other de- ness. ate direct talks between the parties to the cision-makers the critical intelligence they ‘‘I always shared my invitations to foreign dispute over Western Sahara. need to protect American lives and advance countries with him or with Secretary of ‘‘Friendships mean a lot to George,’’ Jim American interests around the globe. State James Baker, and they were sup- Baker writes in his book ‘‘The Politics of Di- ‘‘Thanks in great measure to George Bush’s portive of our work at the Carter Center (in plomacy’’ (Putman, 1995). ‘‘Indeed, his loy- leadership, the U.S. no longer confronts the Atlanta, Ga).’’ alty to friends is one of his defining personal worldwide threat from a rival superpower Jimmy Carter adds that he and his wife, strengths. Yet some have suggested it be- that we did during the Cold War,’’ he stated. Rosalynn ‘‘thoroughly enjoyed’’ attending came one of his greatest political weak- ‘‘But, as the 21st century approaches, we the opening of the Bush Presidential Li- nesses and that out of concern for their must contend with a host of other dangerous brary. (On Nov. 6, 1997, the library and mu- friendship, he stayed loyal for too long to challenges—challenges of unprecedented seum, together with the George Bush School people who hurt his presidency.’’ complexity and scope. of Government and Public Service, were Gen Scowcroft concurs: ‘‘If I observed any ‘‘The U.S. remains the indispensable coun- opened.) faults, it was perhaps that George Bush was try in this uncertain and chaotic world. And President William Jefferson Clinton recalls too loyal in that he would support colleagues time and again, the CIA has proven itself to with gratitude his wide-ranging conversa- and associates even after it had become ap- be the indispensable intelligence organiza- tions with George Bush four months ago as parent that they were not adequately suited tion, helping America build a more secure they flew on Air Force One to and from Jor- to the jobs they held or were about to hold.’’ world for people everywhere.’’ dan for King Hussein’s funeral. (Former In 1974, when Mr. Bush was head of the liai- Accepting a model of the sign bearing the Presidents Ford and Carter were also son office in China, it was a restricted period name of the compound, George Bush—in his aboard.) as far as contact with the Chinese leaders remarks—observed: ‘‘My stay here had a ‘‘George Bush embodies the spirit of public was concerned. Nonetheless, he set out to major impact on me. The CIA became part of service,’’ Mr. Clinton told me. ‘‘For me, he learn about the people and the country. He my heartbeat some 22 years ago, and it has has also been a trusted advisor. While there even studied Chinese. He and Mr. Bush bicy- never gone away. I hope it will be said that are many who advise me, at times the great- cled around Beijing, asked questions, invited in my time here, and in the White House, I est counsel comes from one who has shared the people to their home and developed a kept the trust and treated my office with re- the pressures and unique experience of serv- real feel for them and their culture. spect.’’ ing in the Oval Office—one who knows ex- In 1976, when Mr. Bush was appointed by And to the assembled CIA employees, Mr. actly what you’re up against and one who President Ford to be director of the Central Bush added: ‘‘Your mission is different now will tell you the truth. Intelligence Agency, Gen. Scowcroft was his from what it was in my time. The Soviet ‘‘George has often done that, and while I (Ford’s) National Security Advisor. ‘‘I saw Union is no more. Some people think, ‘What have been the immediate beneficiary of his how George Bush was learning more and do we need intelligence for?’ counsel, people here and abroad have ulti- more about foreign policy,’’ Gen. Scowcroft ‘‘My answer is that plenty of enemies mately benefited most of all.’’ says. abound . . . unpredictable leaders willing to Richard Fairbanks, President of the Center ‘‘It was not so much his foreign policy ex- export instability or to commit crimes for Strategic & International Studies (CSIS), pertise, although he was well versed as a re- against humanity. Proliferation of weapons advised Mr. Bush on policy during his 1980 sult of his U.N. and China positions, but of mass destruction, terrorism, narco-traf- presidential bid. Later, as chief U.S. nego- what he did in restoring the morale and self- ficking, people killing each other, fundamen- tiator for the Mideast peace process, he respect of the CIA. The morale at CIA was at talists killing one another in the name of worked closely with Vice President Bush. rock bottom after the congressional inves- God, and many more. Ambassador Fairbanks recalls that George tigations of the Pike and Church commit- ‘‘To combat them, we need more intel- Bush was seen as a pragmatic problem-solver tees. Even today, Mr. Bush is considered to ligence, not less. We need more human intel- rather than a conceptualizer, ‘‘which is one be the agency’s most revered CIA director.’’ ligence and more protection for the methods of the reasons he encountered trouble with One birthday gift George Bush considers we use to gather intelligence and more pro- his famous statement that he was not com- especially significant is the 258-acre complex tection for our sources, particularly our fortable with ‘the vision thing.’ ’’ named after him in the Central Intelligence human sources who risk their lives for their Mr. Fairbanks, a member of the Council of Agency’s headquarters in Langley, Va.—the country.’’ American Ambassadors, adds that George first Washington, D.C.-area tribute to him. Mr. Bush went on to say that even though Bush is a natural leader with real intellec- Last October, President Clinton signed leg- he is now a ‘‘tranquil guy,’’ he has ‘‘con- tual depth, but he is also a private man, who islation authorizing the designation of the tempt and anger for those who betray the is ‘‘not comfortable flaunting his thought George Bush Center for Intelligence, and, in trust’’ be exposing the names of our (intel- processes in a public forum.’’ a letter, read by CIA Director George Tenet ligence) sources. Edwin Meese, counselor to President at the recent dedication ceremony, Mr. Clin- ‘‘They are, in my view, the most insidious Reagan (1981–85) and U.S. Attorney General ton noted that when George Bush assumed of traitors,’’ he asserted. ‘‘George Tenet is (1985–88), who is now The Ronald Reagan Fel- his duties as director of the CIA (1976), the exactly right when it comes to the mission low in Public Policy at The Heritage Foun- Vietnam War had just ended, the Watergate of the CIA and the intelligence community. dation, says that he ‘‘thoroughly appreciated scandal was still an unhealed national ‘Give the President and the policy-makers the opportunity to work with George Bush as wound, and government investigations had the best possible intelligence product and Vice President because he was an invaluable exposed abuses of power in connection with stay out of the policymaking or policy im- asset to President Reagan and to all of us in intelligence activities. plementing—except as specifically decreed in the Cabinet.’’ ‘‘Many Americans had lost faith in govern- the law.’’ In his 12 years as Vice President and Presi- ment and asked whether the CIA should con- George Bush has always been hesitant to dent, George Bush witnessed a number of tinue to exist,’’ President Clinton noted. talk about himself—even as to how he made scandals, including Watergate, Irangate, ‘‘George Bush restored morale and discipline a difference as President. ‘‘You ask others,’’ Iran-Contra and the Savings and Loan bust. to the Agency while publicly emphasizing he tells me, ‘‘I am not good at talking about On his last day in the Oval Office as presi- the value of intelligence to the nation’s secu- myself. That is part of my make-up. Some dent I asked him how he would advise incom- rity, and he also restored America’s trust in people say it is lack of character, but I can’t ing President Bill Clinton to prevent similar the CIA and the rest of the intelligence com- blow my own horn. My mother taught me scandals. munity. not to brag and she is still watching me.’’ ‘‘If Governor Clinton asks me, I would tell ‘‘I have been well served by the talented Respecting his penchant for modesty, I did him to be very conscious of how he works and dedicated men and women who make up ask others—including former American with his staff; and to be sure there are no the intelligence community that George presidents, as well as the current one—for loose cannons running around the White Bush did so much to preserve and strength- their reflections and comments on George House,’’ Mr. Bush told me during that inter- en.’’ Bush’s milestone. view. ‘‘People around a President or Vice The ceremony was attended by former CIA Former President Gerald R. Ford said: President or any high official can make or Directors Richard Helms, James ‘‘President Bush, at 75, has earned the high- break his image. So we each need to sur- Schlessinger, Robert Gates and William Web- est compliments for his strong and effective round ourselves with competent and caring ster. Mr. Tenet hailed George Bush—the only military and diplomatic leadership in the individuals—men and women of integrity director to have become President of the Gulf War with Iraq.’’ who respect the presidency and live their United States—as a war hero and said that Former President Jimmy Carter says: own lives accordingly.’’ every component of the Agency ‘‘feels in- ‘‘From one septuagenarian to another, I, of He adds: ‘‘There is a need for revival of debted to him in some way—because his be- course, wish George Bush a wonderful birth- ethical behavior, and exemplary conduct lief in the fundamental importance of its day and many more years of good health and must come from officials and leaders. It can- work never faltered. much happiness. not be legislated. July 12, 1999 CONGRESSIONAL RECORD — SENATE S8259 ‘‘What mattered to me most in the White And George Bush’s vision for the next cen- tion and their work to save the lives House was integrity and responsibility. Pub- tury? and improve health of the more than lic service has been damaged by people who ‘‘I am optimistic about the 21st century,’’ 100,000 Romanian children in orphan- don’t have the judgment to place the public’s he told me. ‘‘With no superpower confronta- ages. Just the other day, myself and tion on the horizon, I believe the next cen- business above their own self interest, and several of my colleagues met with the unethical conduct should not be tolerated at tury can be one of peace—though there will any level of government.’’ always be regional conflicts. But I, for one, present Secretary of the Department of Mr. Bush went on to say that he was deter- am still hopeful.’’ Child Protection, Dr. Cristian mined—at all times—to treat the office of And to share that hope, he likes to recount Tabacaru. With great passion, Dr. the presidency with respect and not do any- the time that his wife, Barbara, was planting Tabacaru painted for me a picture of thing that would cheapen or diminish it. a flowering bush. She was instructed to dig a the dire circumstances faced by his ‘‘I still take pride in the fact that my ad- deep bed, fill it with fertilizer and firmly country’s children. At present, Roma- ministration was clean and free of scandal,’’ plant the bush by covering it with water and nia has the highest infant mortality he says. ‘‘We had not been hounded by people soil. rate in Europe. What is worse, is that using government jobs for personal gain. We ‘‘We were told that the plant would not 60% of these deaths are from prevent- came to the White House with high ethical bloom right away, but that it would, after a standards and we left with heads high in that year or so, and then for a long time to able causes such as malnutrition and regard.’’ come,’’ he mused. ‘‘Soon, we realized that premature births. And what did George Bush learn from his she was planting that flowering bush for our The Romanian Department of Child years in the White House that has made a kids and grandkids and great-grandkids. Protection is working desperately to lasting impact on him? ‘‘So despite the vicissitudes we face now, save their most precious resource, ‘‘I learned that the power to get things and will face in the future, I believe that their children. They have instituted done is less than some people believe,’’ he re- that planting was not in vain. Sure, we have programs that provide nutritional sup- members. ‘‘Yes, the presidency is magnified problems in the U.S. and overseas, and the plements to these children, they have out of proportion. You can get some things world has the weapons to blow itself up. Yet developed their first ever in-home fos- done, but you can’t wave a wand to have ev- my inner self tells me that our great- ter care program and are working to erything work the way you want it. The grandkids will be around to enjoy those flow- presidency is too complicated. ers.’’ improve the services available for those with special needs. While they ‘‘I also learned that the White House is f surrounded by history, and I left there with have made a great deal of progress in even more respect for America’s principles, AID FOR RUSSIAN AND ROMANIAN very little time, they need and deserve more respect for the institution of the presi- ORPHANS our help. This small amount of money dency, and more respect for the civil serv- Ms. LANDRIEU. Mr. President, be- will help them out of their present cri- ants, including the staff of the executive res- sis and to build a child welfare system idence and the uniformed Secret Service offi- fore the recess, with the help and sup- port of my colleagues Mr. HELMS, Mr. of which they can be proud. cers, who make that magnificent museum of In closing, I want to again thank Mr. a place into a real home for whoever is Presi- LEAHY, and Mr. MCCONNELL, I offered HELMS, Mr. LEAHY, and Mr. MCCONNELL dent of the U.S. as well as for his family and an amendment to Senate Bill 1234, for their support of my amendment. As guests.’’ which would provide some relief for the we continue to aid the children of this And since he departed the White House, in hundreds of thousands of orphans who world, we can be confident that we are 1993, how, in his view, has the presidency find themselves confined to institu- evolved? building the hope of a bright and won- ‘‘Like many Americans, I have worried tions and have no one to provide the derful future, a future in which few about the recent happenings in and around love, affection and guidance that they children will grow up without a family the White House,’’ George Bush told me. so desperately need. Sadly, the disrup- to call their own. ‘‘But the presidency is a vital and strong and tion and extreme poverty which fol- f resilient institution. Just as (former Presi- lowed the end of the Cold War Era has dent) Jerry Ford instantly restored honor to had a devastating impact on the lives REPORT OF THE DISTRICT OF CO- the Executive Mansion—after Watergate—so of the children in the Eastern block. In LUMBIA’S FISCAL YEAR 2000 will whoever is elected President in the year BUDGET REQUEST ACT—MES- 2000. both Russia and Romania, it is the ‘‘Respect for the office is important and children, the future of democracy, who SAGE FROM THE PRESIDENT— character and behavior in that office do are struggling to survive. It is my hope PM 46 count. The office is not too big for any indi- that the funds designated by this The PRESIDING OFFICER laid be- vidual, provided he or she can make tough amendment will allow the governments fore the Senate the following message decisions and give credit to bright and expe- in each of these two countries to pro- from the President of the United rienced people who should surround the Chief tect the health, safety and well being States, together with an accompanying Executive.’’ If George Bush could leave but one legacy, of their children and in doing so, build report; which was referred to the Com- he wants it to be a return to the moral com- for a stronger and brighter tomorrow. mittee on Governmental Affairs. Specifically, this amendment ensures pass that must guide America through the To the Congress of the United States: next century. that $2,000,000 of the funding appro- In accordance with section 202(c) of ‘‘And,’’ he adds, ‘‘I hope historians will say priated for aid to Russia and the Inde- the District of Columbia Financial that I and my Administration left the world pendent States is used to further the a little more peaceful by the way we handled Management and Responsibility Assist- innovative efforts of nongovernmental ance Act of 1995 and section 446 of the the unification of Germany, the liberation of organizations, such as Christian World Eastern Europe and the Baltics, as well as District of Columbia Self-Govern- the way we worked with the Soviet leaders Adoption Agency, to provide voca- mental Reorganization Act, as amend- to bring about change there, and to get their tional and professional training for ed, I am transmitting the District of support when we had to fight the Gulf War.’’ those children who are about to ‘‘age Columbia’s Fiscal Year 2000 Budget Re- ‘‘I also hope my legacy will include the out’’ of orphanages. When this body quest Act. Madrid peace conference (1992); our key role created Independent Living, it recog- This proposed Fiscal Year 2000 Budg- in NAFTA, the Brady Plan (plan for debt re- nized that such training and support is et represents the major programmatic lief for Latin America), and the way we han- essential to the future of the young objectives of the Mayor, the Council of dled China after Tiananmen Square 10 years adults who have, for whatever reason, ago. the District of Columbia, and the Dis- ‘‘On a personal level, I hope my legacy will grown up in an institution rather than trict of Columbia Financial Responsi- be that ‘George Bush did his best and served in a family. With the help of help orga- bility and Management Assistance Au- America with honor.’ ’’ nizations like Christian World, these thority. For Fiscal Year 2000, the Dis- If he could have one wish on this birthday, children can be given the tools they trict estimates revenue of $5.482 billion what would it be? need to become confident and success- and total expenditures of $5.482 billion, ‘‘I am not sentimental,’’ he says, ‘‘but, yes, ful adults. resulting in a budget surplus of $47,000. there is a certain special quality to this Further, my amendment provides My transmittal of the District of Co- milestone. For myself, I have no wishes for my birthday. I have everything a man could that $4,400,000 of the funds provided for lumbia’s budget, as required by law, want. But, for the world, I would wish more aid to Eastern Europe and the Baltic does not represent an endorsement of peace; and for America, I wish for stronger States will be used to support the Ro- its contents. families and better values.’’ manian Department of Child Protec- WILLIAM J. CLINTON. S8260 CONGRESSIONAL RECORD — SENATE July 12, 1999

THE WHITE HOUSE, July 12, 1999. EXECUTIVE AND OTHER tion of Air Quality Implementation Plans; f COMMUNICATIONS Texas; Revised Format for Materials Being Incorporated by Reference’’ (FRL # 6342–9), MESSAGES FROM THE HOUSE The following communications were received June 30, 1999; to the Committee on laid before the Senate, together with Environment and Public Works. At 1:05 p.m., a message from the accompanying papers, reports, and doc- EC–4061. A communication from the Direc- House of Representatives, delivered by uments, which were referred as indi- tor, Office of Regulatory Management and Mr. Hanrahan, one of its reading cated: Information, Office of Policy, Planning and Evaluation, Environmental Protection Agen- clerks, announced that the House has EC–4051. A communication from the Assist- cy, transmitting, pursuant to law, the report agreed to the following concurrent res- ant Secretary, Legislative Affairs, Depart- of a rule entitled ‘‘Approval of Hospital/Med- olution, without amendment: ment of State, transmitting, pursuant to the ical/Infectious Waste Incinerator State Plan Jerusalem Embassy Act of 1995, the report of S. Con. Res. 43. Concurrent resolution pro- for Designated Facilities and Pollutants: Il- Presidential Determination Number 99–29 viding for a conditional adjournment or re- linois’’ (FRL # 6371–5), received June 30, 1999; relative to the suspension of the limitation cess of the Senate and a conditional adjourn- to the Committee on Environment and Pub- of the obligation of FY 1999 State Depart- ment of the House of Representatives. lic Works. The message also announced that the ment Appropriations; to the Committee on EC–4062. A communication from the Direc- Appropriations. House has passed the following bill, in tor, Office of Regulatory Management and EC–4052. A communication from the Direc- Information, Office of Policy, Planning and which it requests the concurrence of tor, National Institute of Environmental the Senate: Evaluation, Environmental Protection Agen- Health Sciences, Department of Health and cy, transmitting, pursuant to law, the report H.R. 10. An act to enhance competition in Human Services, transmitting, pursuant to of a rule entitled ‘‘Lead; Requirements for the financial services industry by providing law, a report entitled ‘‘Health Effects From Disclosure of Known Lead-Based Paint and/ a prudential framework for the affiliation of Exposure to Power-Line Frequency Electric or Lead-Based Paint hazards in Housing, banks, securities firms, and other financial and Magnetic Fields’’; to the Committee on Technical Corrections to Reflect OMB Ap- service providers, and for other purposes. Health, Education, Labor, and Pensions. proval of the Information Collection Re- EC–4053. A communication from the Sec- quirements’’ (FRL # 6053–9), received June At 3:03 p.m., a message from the retary of Transportation, transmitting, pur- 30, 1999; to the Committee on Environment House of Representatives, delivered by suant to law, the Department’s report enti- and Public Works. Mr. Hanrahan, one of its reading tled ‘‘Transportation Research and Develop- EC–4063. A communication from the Direc- ment Plan’’; to the Committee on Com- clerks, announced that the House tor, Office of Regulatory Management and merce, Science, and Transportation. Information, Office of Policy, Planning and agreed to the following concurrent res- EC–4054. A communication from the Assist- olution, in which it requests the con- Evaluation, Environmental Protection Agen- ant Attorney General for Administration, cy, transmitting, pursuant to law, the report currence of the Senate: Justice Management Division, Department of a rule entitled ‘‘Hazardous Air Pollutants: H. Con. Res. 144. Concurrent resolution of Justice, transmitting, pursuant to law, Regulations Governing Constructed or Re- urging the United States Government and the report of a rule entitled ‘‘Justice Acqui- constructed Major Sources’’ (FRL # 6369–6), the United Nations to undertake urgent and sition Circular 99–1’’ (RIN1105–AA68), re- received June 25, 1999; to the Committee on strenuous efforts to secure the release of ceived June 30, 1999; to the Committee on the Environment and Public Works. Branko Jelen, Steve Pratt, and Peter Wal- Judiciary. EC–4064. A communication from the Direc- lace, 3 humanitarian workers employed in EC–4055. A communication from the Chief, tor, Office of Regulatory Management and the Federal Republic of Yugoslavia by CARE Regulations Unit, Internal Revenue Service, Information, Office of Policy, Planning and International, who are being unjustly held as Department of the Treasury, transmitting, Evaluation, Environmental Protection Agen- prisoners by the Government of the Federal pursuant to law, the report of a rule entitled cy, transmitting, pursuant to law, the report Republic of Yugoslavia. ‘‘Qualified Zone Academy Bond Credit Rate’’ of a rule entitled ‘‘National Emission Stand- (RIN1545–AX23), received June 30, 1999; to the ards for Hazardous Air Pollutants: Group I A message from the House of Rep- Committee on the Finance. Polymers and Resins and Group IV Polymers resentatives was received announcing EC–4056. A communication from the Chief, and Resins’’ (FRL # 6369–9), received June 25, Regulations Unit, Internal Revenue Service, 1999; to the Committee on Environment and the Speaker signed the following en- Department of the Treasury, transmitting, rolled bill on Tuesday, June 29, 1999: Public Works. pursuant to law, the report of a rule entitled EC–4065. A communication from the Direc- H.R. 4. An act to declare it to be the policy ‘‘Qualified Zone Academy Bond Credit Rate’’ tor, Office of Regulatory Management and of the United States to deploy a national (Notice 99–35, 1999–27 I.R.B.—, Jul 5, 1995), re- Information, Office of Policy, Planning and missile defense. ceived June 30,. 1999; to the Committee on Evaluation, Environmental Protection Agen- f Finance. cy, transmitting, pursuant to law, the report EC–4057. A communication from the Chief, of a rule entitled ‘‘State of Alaska Petition MEASURE PLACED ON THE Regulations Unit, Internal Revenue Service, for Exemption from Diesel Fuel Sulfur Re- CALENDAR ON JULY 8, 1999 Department of the Treasury, transmitting, quirement’’ (FRL # 6367–1), received June 25, pursuant to law, the report of a rule entitled Pursuant to the order of June 29, 1999; to the Committee on Environment and ‘‘Rev. Rul. 99–30, BLS–LIFO Department Public Works. 1999, the following bill was read twice Store Inventory Price Indexes-May 1999’’ EC–4066. A communication from the Direc- and placed on the calendar: (Rev. Rul 99–30), received June 24 1999; to the tor, Office of Regulatory Management and S. 1244. A bill to amend the Public Health Committee on Finance. Information, Office of Policy, Planning and Service Act, the Employee Retirement In- EC–4058. A communication from the Direc- Evaluation, Environmental Protection Agen- come Security Act of 1974, and the Internal tor, Acquisition Policy and Programs, Office cy, transmitting, pursuant to law, the report Revenue Code of 1986 to protect consumers in of the Secretary, Department of Commerce, of a rule entitled ‘‘Toxic Substances Control managed care plans and other health cov- transmitting, pursuant to law, the report of Act Test Guidelines’’ (FRL #6067–4), received erage. a rule entitled ‘‘Solicitation Provisions and June 25, 1999; to the Committee on Environ- Contract Clauses; Women-Owned Small Busi- f ment and Public Works. ness Sources’’ (RIN0605–AA13), received June EC–4067. A communication from the Direc- MEASURES PLACED ON THE 29, 1999; to the Committee on Commerce, tor, Office of Regulatory Management and CALENDAR ON JULY 12, 1999 Science, and Transportation. Information, Office of Policy, Planning and EC–4059. A communication from the Spe- Evaluation, Environmental Protection Agen- The following bill was read the sec- cial Assistant to the Chief, Mass Media Bu- cy, transmitting, pursuant to law, the report ond time and placed on the calendar: reau, Federal Communications Commission, of a rule entitled ‘‘Amendment to the Efflu- H.R. 1218. An act to amend title, United transmitting, pursuant to law, the report of ent Limitations Guidelines and Standards States Code, to prohibit taking minors a rule entitled ‘‘Amendment of Section for the Bleached Papergrade Kraft and Soda across State lines in circumvention of laws 73.202(b), Table of Allotments; FM Broadcast Subcategory of the Pulp, Paper, and Paper- requiring the involvement of parents in abor- Stations’’ (MM Docket No. 98–133; RM–9314 back Point Source Category: Final Rule; tion decisions. Zapata, Texas), received June 25, 1999; to the OMB Approvals Under the Paperwork Reduc- Committee on Commerce, Science, and The following bill was read twice and tion Act: Technical Amendments’’ (FRL Transportation. #6372–9), received July 1, 1999; to the Com- placed on the calendar: EC–4060. A communication from the Direc- mittee on Environment and Public Works. H.R. 10. An act enhance competition in the tor, Office of Regulatory Management and EC–4068. A communication from the Direc- financial services industry by providing a Information, Office of Policy, Planning and tor, Office of Regulatory Management and prudential framework for the affiliation of Evaluation, Environmental Protection Agen- Information, Office of Policy, Planning and banks, securities firms, and other financial cy, transmitting, pursuant to law, the report Evaluation, Environmental Protection Agen- service providers, and other purposes. of a rule entitled ‘‘Approval and Promulga- cy, transmitting, pursuant to law, the report July 12, 1999 CONGRESSIONAL RECORD — SENATE S8261 of a rule entitled ‘‘Approval and Promulga- a rule entitled ‘‘Hazardous Materials: Revi- for Coloring Meniscal Tacks; D & C Violet tion of Implementation Plan for New Mex- sion to Regulations Governing Transpor- No. 2’’ (Docket No. 98C–0158), received June ico—Albuquerque/Bernalillo County; Trans- tation and Unloading of Liquified Com- 25, 1999; to the Committee on Health, Edu- portation Conformity Rule’’ (FRL #6372–7), pressed Gases (Chlorine)’’ (RIN2137–AD07) cation, Labor, and Pensions. received July 1, 1999; to the Committee on (1999–0002), received July 1, 1999; to the Com- EC–4087. A communication from the Chair- Environment and Public Works. mittee on Commerce, Science, and Transpor- man, President’s Committee on Employment EC–4069. A communication from the Direc- tation. of People with Disabilities, transmitting the tor, Office of Regulatory Management and EC–4078. A communication from the Senior annual report for fiscal year 1998, received Information, Office of Policy, Planning and Regulations Analyst, Department of Trans- July 1, 1999; to the Committee on Health, Evaluation, Environmental Protection Agen- portation, transmitting, pursuant to law, the Education, Labor, and Pensions. cy, transmitting, pursuant to law, the report report of a rule entitled ‘‘Disadvantaged EC–4088. A communication from the Assist- of a rule entitled ‘‘Approval and Promulga- Business Enterprise (DBE) Regulation; Gen- ant General Counsel for Regulations, Special tion of Implementation Plan for Texas: eral Update (Correction)’’ (RIN2105–AB92) Education and Rehabilitative Services, De- Transportation Conformity Rule’’ (FRL (1999–0002), received July 1, 1999; to the Com- partment of Education, transmitting, pursu- #6372–6), received July 1, 1999; to the Com- mittee on Commerce, Science, and Transpor- ant to law, the report of a rule entitled mittee on Environment and Public Works. tation. ‘‘NIDRR—Assistive Technology Act Tech- EC–4070. A communication from the Ad- EC–4079. A communication from the Acting nical Assistance Program’’ (84.224), received ministrator, National Aeronautics and Space Executive Director, Commodity Futures July 1, 1999; to the Committee on Health, Administration, transmitting, pursuant to Trading Commission, transmitting, pursuant Education, Labor, and Pensions. law, a report relative to the NASA Industrial to law, the report of a rule entitled ‘‘Chicago EC–4089. A communication from the Gen- Plant in Downey, California; to the Com- Board of Trade Petition for Exemption from eral Counsel, Federal Emergency Manage- mittee on Commerce, Science, and Transpor- the Statutory Dual Trading Prohibition in ment Agency, transmitting, pursuant to law, tation. the Ten-Year U.S. Treasury Notes Futures the report of a rule entitled ‘‘Final Flood EC–4071. A communication from the Sec- Contract Traded on the Project A Electronic Elevation Determinations’’ (64 FR 32817) (06/ retary to the Commission, Premerger Notifi- Trading System,’’ received June 29, 1999; to 18/99), received June 30, 1999; to the Com- cation Office, Federal Trade Commission, the Committee on Agriculture, Nutrition, mittee on Banking, Housing, and Urban Af- transmitting, pursuant to law, the report of and Forestry. fairs. a rule entitled ‘‘Hart-Scott-Rodino Act EC–4080. A communication from the Man- EC–4090. A communication from the Chief Amended Formal Interpretation 15: Limited ager, Federal Crop Insurance Corporation, Counsel, Office of Foreign Assets Control, Liability Companies,’’ received July 1, 1999; Farm and Foreign Agricultural Services Department of the Treasury, transmitting, to the Committee on Commerce, Science, Risk Management Agency, Department of pursuant to law, the report of a rule entitled and Transportation. Agriculture, transmitting, pursuant to law, ‘‘Blocked Persons, Specially Designated Na- EC–4072 A communication from the Special the report of a rule entitled ‘‘Group Risk tionals, Specially Designated Terrorists, Assistant to the Chief, Mass Media Bureau, Plan of Insurance; Final Rule’’ (RIN0563– Foreign Terrorist Organizations, and Spe- Federal Communications Commission, trans- AB06), received July 1, 1999; to the Com- cially Designated Narcotics Traffickers: Ad- mitting, pursuant to law, the report of a rule mittee on Agriculture, Nutrition, and For- ditional Sudanese Government Designations entitled ‘‘Amendment of Section 73.202(b), estry. and Supplementary Information, and Re- Table of Allotments, FM Broadcast Stations EC–4081. A communication from the Sec- moval of One Individual’’ (Appendix A to 31 (Manzanita, Cannon Beach and Bay City, Or- retary of Agriculture, transmitting, pursu- CFR Chapter V), received June 25, 1999; to egon)’’ (MM Docket No. 98–189, RM–9377, RM– ant to law, the annual ‘‘Animal Welfare En- the Committee on Banking, Housing, and 9475), received June 25, 1999; to the Com- forcement’’ report for fiscal year 1998; to the Urban Affairs. mittee on Commerce, Science, and Transpor- Committee on Agriculture, Nutrition, and EC–4091. A communication from the Chief tation. Forestry. Counsel, Office of Foreign Assets Control, EC–4073. A communication from the Pro- EC–4082. A communication from the Direc- Department of the Treasury, transmitting, gram Analyst, Office of the Chief Counsel, tor, Office of Regulatory Management and pursuant to law, the report of a rule entitled Federal Aviation Administration, Depart- Information, Office of Policy, Planning and ‘‘Blocked Persons, Specially Designated Na- ment of Transportation, transmitting, pur- Evaluation, Environmental Protection Agen- tionals, Specially Designated Terrorists, suant to law, the report of a rule entitled cy, transmitting, pursuant to law, the report Foreign Terrorist Organizations, and Spe- ‘‘Amendment of Class E Airspace; Sanford, of a rule entitled ‘‘Bifenthrin; Pesticide Tol- cially Designated Narcotics Traffickers: Ad- NC: Docket No. 99–ASO–7 (6–30/7–1)’’ erance’’ (FRL #6089–9), received June 25, 1999; ditional Designations’’ (Appendix A to 31 (RIN2120–AA66) (1999–0215), received July 1, to the Committee on Agriculture, Nutrition, CFR Chapter V), received June 24, 1999; to 1999; to the Committee on Commerce, and Forestry. the Committee on Banking, Housing, and Science, and Transportation. EC–4083. A communication from the Direc- Urban Affairs. EC–4074. A communication from the Pro- tor, Office of Regulatory Management and EC–4092. A communication from the Chief gram Analyst, Office of the Chief Counsel, Information, Office of Policy, Planning and Counsel, Office of Foreign Assets Control, Federal Aviation Administration, Depart- Evaluation, Environmental Protection Agen- Department of the Treasury, transmitting, ment of Transportation, transmitting, pur- cy, transmitting, pursuant to law, the report pursuant to law, the report of a rule entitled suant to law, the report of a rule entitled of a rule entitled ‘‘Fludioxinil; Pesticide Tol- ‘‘Blocked Persons, Specially Designated Na- ‘‘Amendment to Class D and Class E Air- erance’’ (FRL #6085–3), received June 25, 1999; tionals, Specially Designated Terrorists, space; San Juan, PR; Docket No. 99–ASO–6 to the Committee on Agriculture, Nutrition, Foreign Terrorist Organizations, and Spe- (6–30/7–1)’’ (RIN2120–AA66) (1999–0216), re- and Forestry. cially Designated Narcotics Traffickers: Ad- ceived July 1, 1999; to the Committee on EC–4084. A communication from the Direc- ditional Designations and Removals and Commerce, Science, and Transportation. tor, Office of Regulatory Management and Supplementary Information on Specially EC–4075. A communication from the Pro- Information, Office of Policy, Planning and Designated Narcotics Traffickers; Removal gram Analyst, Office of the Chief Counsel, Evaluation, Environmental Protection Agen- of Appendix B; Redesignation of Appendix C’’ Federal Aviation Administration, Depart- cy, transmitting, pursuant to law, the report (Appendices A to 31 CFR Chapter V), re- ment of Transportation, transmitting, pur- of a rule entitled ‘‘Paraquat; Extension of ceived June 24, 1999; to the Committee on suant to law, the report of a rule entitled Tolerance for Emergency Exemptions’’ (FRL Banking, Housing, and Urban Affairs. ‘‘Airworthiness Directives: Boeing Model #6084–3), received June 25, 1999; to the Com- EC–4093. A communication from the Acting 737–700 and –800 Series Airplanes; Request for mittee on Agriculture, Nutrition, and For- Director, Office of Federal Housing Enter- Comments; Docket No. 99–NM–133 (6–30/7–1)’’ estry. prise Oversight, transmitting, pursuant to (RIN2120–AA66) (1999–0263), received July 1, EC–4085. A communication from the Direc- law, the report of a rule entitled ‘‘Debt Col- 1999; to the Committee on Commerce, tor, Office of Congressional Affairs, Office of lection’’ (RIN2550–AA07), received June 25, Science, and Transportation. Nuclear Material Safety and Safeguards, Nu- 1999; to the Committee on Banking, Housing, EC–4076. A communication from the Pro- clear Regulatory Commission, transmitting, and Urban Affairs. gram Analyst, Office of the Chief Counsel, pursuant to law, the report of a rule entitled EC–4094. A communication from the Chair- Federal Aviation Administration, Depart- ‘‘10 CFR Part 72, Miscellaneous Changes to man, Board of Governors of the Federal Re- ment of Transportation, transmitting, pur- Licensing Requirements for the Independent serve System, transmitting, pursuant to law, suant to law, the report of a rule entitled Storage of Spent Nuclear Fuel and High- the annual report for fiscal year 1998, re- ‘‘Airworthiness Directives: Boeing Model Level Radioactive Waste’’ (RIN3150–AF80), ceived July 1, 1999; to the Committee on 777–200 Series Airplanes; Docket No. 99–NM– received July 1, 1999; to the Committee on Banking, Housing, and Urban Affairs. 243 (6–30/7–1)’’ (RIN2120–AA64) (1999–0264), re- Environment and Public Works. EC–4095. A communication from the Presi- ceived July 1, 1999; to the Committee on EC–4086. A communication from the Direc- dent and Chairman, Export-Import Bank of Commerce, Science, and Transportation. tor, Regulations Policy and Management the United States, transmitting, pursuant to EC–4077. A communication from the Attor- Staff, Food and Drug Administration, De- law, a report relative to a transaction in- ney, Research and Special Programs Admin- partment of Health and Human Services, volving U.S. exports to Russia; to the Com- istration, Department of Transportation, transmitting, pursuant to law, the report of mittee on Banking, Housing, and Urban Af- transmitting, pursuant to law, the report of a rule entitled ‘‘Listing of Color Additives fairs. S8262 CONGRESSIONAL RECORD — SENATE July 12, 1999 EC–4096. A communication from the Presi- EC–4107. A communication from the Assist- partment of Housing and Urban Develop- dent and Chairman, Export-Import Bank of ant Secretary, Legislative Affairs, Depart- ment, transmitting, pursuant to law, the re- the United States, transmitting, pursuant to ment of State, transmitting, pursuant to port of a rule entitled ‘‘Ginnie Mae MBS Pro- law, a report relative to a transaction in- law, the report of a rule entitled ‘‘VISAS: gram: Book-Entry Securities’’ (FR–4331–F– volving U.S. exports to Bulgaria; to the Com- Passports and Visas Not Required for Cer- 02) (RIN2503–AA12), received July 2, 1999; to mittee on Banking, Housing, and Urban Af- tain Nonimmigrants’’ (RIN1400–A75), re- the Committee on Banking, Housing, and fairs. ceived July 6, 1999; to the Committee on the Urban Affairs. EC–4097. A communication from the Sec- Judiciary. EC–4117. A communication from the Presi- retary of Housing and Urban Development, EC–4108. A Communication from the Asso- dent of the United States, transmitting, pur- transmitting, pursuant to law, the report of ciate Administrator for Procurement, Na- suant to law, a report on the national emer- the Department’s Five Year Plan for Energy tional Aeronautics and Space Administra- gency with respect to the actions and poli- Efficiency, received July 1, 1999; to the Com- tion, transmitting, pursuant to law, the re- cies of the Afghan Taliban; to the Committee mittee on Banking, Housing, and Urban Af- port of a rule entitled ‘‘NASA FAR Supple- on Banking, Housing, and Urban Affairs. fairs. ment; Protests to the Agency,’’ received EC–4118. A communication from the Sec- EC–4098. A communication from the Chair- July 6, 1999; to the Committee on Commerce, retary of Energy, transmitting, pursuant to man, Federal Election Commission, trans- Science, and Transportation. law, the report of the Office of Inspector mitting, pursuant to law, the report of a rule EC–4109. A communication from the Asso- General for the period October 1, 1998, entitled ‘‘Treatment of Limited Liability ciate Administrator for Procurement, Na- through March 31, 1999; to the Committee on Companies Under the Federal Election Cam- tional Aeronautics and Space Administra- Governmental Affairs. paign Act,’’ received June 25, 1999; to the tion, transmitting, pursuant to law, the re- EC–4119. A communication from the Assist- Committee on Rules and Administration. port of a rule entitled ‘‘Miscellaneous Ad- ant Secretary for Export Administration, EC–4099. A communication from the Direc- ministrative Revisions,’’ received July 6, Bureau of Export Administration, Depart- tor, Office of Surface Mining, Department of 1999; to the Committee on Commerce, ment of Commerce, transmitting, pursuant the Interior, transmitting, pursuant to law, Science, and Transportation. to law, the report of a rule entitled ‘‘Expan- the report of a rule entitled ‘‘Maryland Reg- EC–4110. A communication from the Chief, sion of License Exception CIV Eligibility for ulatory Program’’ (SPATS # MD–043–FOR), Regulations Unit, Internal Revenue Service, ‘Microprocessors’ Controlled by ECCN 3A001’’ received July 1, 1999; to the Committee on Department of the Treasury, transmitting, (RIN 0694–AB90), received July 6, 1999; to the Energy and Natural Resources. pursuant to law, the report of a rule entitled Committee on Banking, Housing, and Urban EC–4100. A communication from the Attor- ‘‘Early Referral of Issues to Appeals’’ (Rev- Affairs. ney, General and Administrative Law, Office enue Procedure 99–28), received July 6, 1999; EC–4120. A communication from the Sec- of the General Counsel, Federal Energy Reg- to the Committee on Finance. retary of the Interior, transmitting, pursu- ulatory Commission, Department of Energy, EC–4111. A communication from the Dep- ant to law, the annual report for fiscal year transmitting, pursuant to law, the report of uty Secretary, Market Regulation, Securi- 1998 of the Office of Surface Mining; to the a rule entitled ‘‘Standards for Business Prac- ties and Exchange Commission, transmit- Committee on Governmental Affairs. tices of Interstate Natural Gas Pipelines’’ ting, pursuant to law, the report of a rule en- EC–4121. A communication from the Sec- (RM96–1–012), received June 22, 1999; to the titled ‘‘Form BD/Rule 15b1–1, Application for retary of Defense, transmitting, pursuant to Committee on Energy and Natural Re- Registration as a Broker or Dealer’’ law, the report of the Office of Inspector sources. (RIN3235–AH73), received July 6, 1999; to the General relative to intelligence-related over- EC–4101. A communication from the Acting Committee on Banking, Housing, and Urban sight activities for the period October 1, 1998, Assistant Secretary, Land and Minerals Affairs. through March 31, 1999; to the Committee on Management, Department of the Interior, EC–4112. A communication from the Assist- Governmental Affairs. transmitting, pursuant to law, the report of ant General Counsel for Regulations, Office EC–4122. A communication from the Direc- a rule entitled ‘‘Change to Delegated State of the Assistant Secretary for Housing-Fed- tor, Office of Regulatory Management and Audit Functions’’ (RIN010–AC51), received eral Housing Commissioner, Department of Information, Office of Policy, Planning and July 1, 1999; to the Committee on Energy and Housing and Urban Development, transmit- Evaluation, Environmental Protection Agen- Natural Resources. ting, pursuant to law, the report of a rule en- cy, transmitting, pursuant to law, the report EC–4102. A communication from the Assist- titled ‘‘Single Family Mortgage Insurance; of a rule entitled ‘‘Bentazon, Extension of ant Secretary, Legislative Affairs, Depart- Informed Consumer Choice Disclosure No- Tolerance for Emergency Exemptions’’ (FRL ment of State, transmitting, pursuant to the tice; Technical Correction’’ (FR–4411) #6087–5), received July 2, 1999; to the Com- Arms Export Control Act, the report of a (RIN2502–AH30), received July 2, 1999; to the mittee on Agriculture, Nutrition, and For- certification of a proposed license for the ex- Committee on Banking, Housing, and Urban estry. port of defense articles or defense services in Affairs. EC–4123. A communication from the Direc- the amount of $50,000,000 for the United King- EC–4113. A communication from the Assist- tor, Office of Regulatory Management and dom; to the Committee on Foreign Rela- ant General Counsel for Regulations, Office Information, Office of Policy, Planning and tions. of the Assistant Secretary for Housing-Fed- Evaluation, Environmental Protection Agen- EC–4103. A communication from the Assist- eral Housing Commissioner, Department of cy, transmitting, pursuant to law, the report ant Secretary, Legislative Affairs, Depart- Housing and Urban Development, transmit- of a rule entitled ‘‘Fosetyl-Al; Pesticide Tol- ment of State, transmitting, pursuant to the ting, pursuant to law, the report of a rule en- erance’’ (FRL #6090–3), received July 2, 1999; Arms Export Control Act, the report of a titled ‘‘Uniform Financial Reporting Stand- to the Committee on Agriculture, Nutrition, certification of a proposed license for the ex- ards for HUD Housing Programs; Technical and Forestry. port of defense articles or defense services in Amendment’’ (FR–4321) (RIN2501–AC49), re- EC–4124. A communication from the Direc- the amount of $50,000,000 for the Netherlands, ceived July 2, 1999; to the Committee on tor, Office of Regulatory Management and Germany, and Switzerland; to the Com- Banking, Housing, and Urban Affairs. Information, Office of Policy, Planning and mittee on Foreign Relations. EC–4114. A communication from the Assist- Evaluation, Environmental Protection Agen- EC–4104. A communication from the Execu- ant General Counsel for Regulations, Office cy, transmitting, pursuant to law, the report tive Director, Committee for Purchase From of the Assistant Secretary for Housing-Fed- of a rule entitled ‘‘Imazamox, Pesticide Tol- People Who Are Blind or Severely Disabled, eral Housing Commissioner, Department of erances for Emergency Exemptions’’ transmitting, pursuant to law, the report of Housing and Urban Development, transmit- (FRL6086–5), received July 2, 1999; to the a rule entitled ‘‘Procurement List; Addi- ting, pursuant to law, the report of a rule en- Committee on Agriculture, Nutrition, and tions,’’ received July 1, 1999; to the Com- titled ‘‘Disposition of HUD-Acquired Single Forestry. mittee on Governmental Affairs. Family Property; Office Next Door Sales EC–4125. A communication from the Man- EC–4105. A communication from the Sec- Program’’ (FR–4277–I–02) (RIN2502–AH37), re- ager, Federal Crop Insurance Corporation, retary, Naval Sea Cadet Corps, transmitting, ceived July 2, 1999; to the Committee on Risk Management Agency, Farm and For- pursuant to law, the Corps’ Annual Audit Re- Banking, Housing, and Urban Affairs. eign Agricultural Services, Department of port for the fiscal year ending December 31, EC–4115. A communication from the Assist- Agriculture, transmitting, pursuant to law, 1998, received July 1, 1999; to the Committee ant General Counsel for Regulations, Office the report of a rule entitled ‘‘Common Crop on the Judiciary. of the Assistant Secretary for Public and In- Insurance Regulations, Onion Crop Insurance EC–4106. A communication from the Assist- dian Housing, Department of Housing and Provision; Final Rule’’, received July 6, 1999; ant Secretary, Employment and Training Urban Development, transmitting, pursuant to the Committee on Agriculture, Nutrition, Administration, Department of Labor, trans- to law, the report of a rule entitled ‘‘Com- and Forestry. mitting, pursuant to law, the report of a rule prehensive Improvement Assistance Pro- EC–4126. A communication from the Ad- entitled ‘‘Labor Certification Process for the gram Formula Allocation Final Rule’’ (FR– ministrator, Agricultural Marketing Serv- Temporary Employment of Nonimmigrant 4462) (RIN2577–AB97), received July 2, 1999; to ice, Marketing and Regulatory Programs, Aliens in Agriculture in the United States; the Committee on Banking, Housing, and Department of Agriculture, transmitting, Administrative Measures to Improve Pro- Urban Affairs. pursuant to law, the report of a rule entitled gram Performance’’ (RIN1205–AB19), received EC–4116. A communication from the Assist- ‘‘Irish Potatoes Grown in Modoc and July 6, 1999; to the Committee on Health, ant General Counsel for Regulations, Gov- Siskiyou Counties, California, and in all Education, Labor, and Pensions. ernment National Mortgage Association, De- Counties in Oregon, except Malheur County; July 12, 1999 CONGRESSIONAL RECORD — SENATE S8263 Temporary Suspension of Handling Regula- Information, Office of Policy, Planning and Inter-Continental Ballistic Missile defense; tions and Establishment of Reporting Re- Evaluation, Environmental Protection Agen- to the Committee on Armed Services. quirements’’ (FV99–947–1–IFR), received July cy, transmitting, pursuant to law, the report POM–241. A resolution adopted by the Mili- 6, 1999; to the Committee on Agriculture, Nu- of a rule entitled ‘‘Approval and Promulga- tary Order of the World Wars relative to trition, and Forestry. tion of Maintenance Plan Revisions; Ohio’’ funding and resources to combat nuclear, EC–4127. A communication from the Con- (FRL #6375–4), received July 6, 1999; to the chemical, biological, computer cyberspace gressional Review Coordinator, Animal and Committee on Environment and Public and other threats in the 21st Century; to the Plant Health Inspection Service, Department Works. Committee on Appropriations. of Agriculture, transmitting, pursuant to EC 4137. A communication from the Direc- POM–242. A resolution adopted by the Mili- law, the report of a rule entitled ‘‘Brucellosis tor, Office of Regulatory Management and tary Order of the World Wars relative to in Cattle; State and Area Classifications; Information, Office of Policy, Planning and Panama and the Panama Canal; to the Com- Kansas’’ (APHIS Docket No. 99–051–1), re- Evaluation, Environmental Protection Agen- mittee on Armed Services. ceived July 6, 1999; to the Committee on Ag- cy, transmitting, pursuant to law, the report POM–243. A joint resolution adopted by the riculture, Nutrition, and Forestry. of a rule entitled ‘‘Regulation of Fuels and Legislature of the State of Nevada relative EC–4128. A communication from the Assist- Fuel Additives: Corrections to Standards and to regulation of insurance providers; to the ant Secretary, Legislative Affairs, Depart- Requirements for Reformulated and Conven- Committee on Banking, Housing, and Urban ment of State, transmitting, pursuant to the tional Gasoline’’ (FRL #6375–1), received Affairs. Arms Export Control Act, the report of a July 6, 1999; to the Committee on Environ- SENATE JOINT RESOLUTION NO. 22 proposed Technical Assistance Agreement ment and Public Works. Whereas, Congress is currently considering with the United Kingdom; to the Committee EC 4138. A communication from the Direc- the enactment of H.R. 10 and S. 900 in an ef- on Foreign Relations. tor, Office of Regulatory Management and fort to reform certain outdated federal laws EC–4129. A communication from the Assist- Information, Office of Policy, Planning and governing providers of financial services; and ant Secretary, Legislative Affairs, Depart- Evaluation, Environmental Protection Agen- Whereas, The reformation of those federal ment of State, transmitting, pursuant to the cy, transmitting, pursuant to law, the report laws, many of which were enacted in re- Arms Export Control Act, the report of a of a rule entitled ‘‘Consumer and Commer- sponse to the Great Depression, is necessary proposed license for the export of defense ar- cial Products: Wood Furniture, Aerospace, and appropriate to ensure that providers of ticles or defense services in the amount of and Shipbuilding and Ship Repair Coatings: financial services in this country can main- $50,000,000 or more to Japan; to the Com- Control Techniques Guidelines in Lieu of tain their prominence in the modern domes- mittee on Foreign Relations. Regulations’’ (FRL #6375–2), received July 6, tic and global markets; and EC–4130. A communication from the Assist- 1999; to the Committee on Environment and Whereas, The provisions of H.R. 10 and S. ant Secretary, Legislative Affairs, Depart- Public Works. 900, both of which provide for the facilitation ment of State, transmitting, pursuant to the EC 4139. A communication from the Acting of affiliation among banks, securities firms Arms Export Control Act, the report of a Director, Fish and Wildlife Service, Depart- and insurance companies, could preempt the proposed Manufacturing License Agreement ment of the Interior, transmitting, pursuant jurisdiction of this state: with Norway; to the Committee on Foreign to law, the report of a rule entitled ‘‘Endan- 1. To ensure the solvency and to regulate Relations. gered and Threatened Wildlife and Plants; the trade practices of various providers of in- EC–4131. A communication from the Assist- Final Critical Habitat Designation for the surance in this state; and ant Secretary, Legislative Affairs, Depart- Huachuca Water Umbel’’ (RIN 1018–AF37), re- 2. To provide adequate protection to the ment of State, transmitting, pursuant to the ceived July 6, 1999; to the Committee on En- residents of this state who purchase insur- Arms Export Control Act, the report of a vironment and Public Works. ance from those providers, without estab- proposed Manufacturing License Agreement EC 4140. A communication from the Acting lishing an effective mechanism for the fed- with Finland; to the Committee on Foreign Director, Fish and Wildlife Service, Depart- eral exercise of that authority; and Whereas, The purposes of H.R. 10 and S. 900 Relations. ment of the Interior, transmitting, pursuant EC–4132. A communication from the Acting can be accomplished without preempting the to law, the report of a rule entitled ‘‘Endan- Deputy Director, Fish and Wildlife Service, authority of this state to regulate providers gered and Threatened Wildlife and Plants; Department of the Interior, transmitting, of insurance for the protection of its resi- Final Critical Habitat Designation for the pursuant to law, the report of a rule entitled dents; and Cactus Ferruginous Pygmy-Owl’’ (RIN 1018– ‘‘Final Rule; Safe Harbor Agreements and Whereas, This state currently has an effec- AF36), received July 6, 1999; to the Com- Candidate Conservation Agreements with tive system of laws to monitor and ensure mittee on Environment and Public Works. Assurances’’ (RIN1018–AO95), received July 2, the financial stability of providers of insur- EC 4141. A communication from the Ad- 1999; to the Committee on Environment and ance and to protect the residents of this ministrator, General Services Administra- Public Works. state from unfair trade practices: Now, tion, transmitting, pursuant to law, the re- EC–4133. A communication from the Direc- therefore, be it port of the fiscal year 2000 Capital Invest- tor, Office of Regulatory Management and Resolved by the Senate and Assembly of the ment and Leasing Program; to the Com- Information, Office of Policy, Planning and State of Nevada, Jointly, That the Nevada mittee on Environment and Public Works. Evaluation, Environmental Protection Agen- Legislature hereby urges Congress to ensure EC 4142. A communication from the Chair- cy, transmitting, pursuant to law, the report that the provisions of H.R. 10 S. 900 and any man, Nuclear Regulatory Commission, trans- of a rule entitled ‘‘Consolidated Rules of similar federal legislation do not interfere mitting, pursuant to law, the annual report Practice Governing the Administrative As- with the jurisdiction of this state to regulate for fiscal year 1997; to the Committee on En- sessment of Civil Penalties, Issuance of Com- providers of insurance for the protection of vironment and Public Works. pliance or Corrective Action Orders, and the its residents; and be it further EC 4143. A communication from the Assist- Revocation, Termination or Suspension of Resolved, That the Secretary of the Senate ant Secretary, Legislative Affairs, Depart- Permits’’ (FRL6087–5), received July 2, 1999; prepare and transmit a copy of this resolu- ment of State, transmitting, pursuant to the to the Committee on Environment and Pub- tion to the Vice President of the United Arms Export Control Act, the report of a lic Works. States as the presiding officer of the Senate, EC 4134. A communication from the Direc- proposed license for the export of defense ar- the Speaker of the house of Representatives tor, Office of Regulatory Management and ticles or defense services in the amount of and each member of the Nevada Congres- Information, Office of Policy, Planning and $50,000,000 or more to Japan; to the Com- sional Delegation; and be it further Evaluation, Environmental Protection Agen- mittee on Foreign Relations. Resolved, That this resolution becomes ef- cy, transmitting, pursuant to law, the report f fective upon passage and approval. of a rule entitled ‘‘Implementation Plan and Redesignation Request for the Williamson PETITIONS AND MEMORIALS POM–244. A joint resolution adopted by the Legislature of the State of Illinois relative County, Tennessee Lead Nonattainment The following petitions and memo- Area’’ (FRL #6373–9), received July 2, 1999; to to reauthorization of the Older Americans rials were laid before the Senate and Act; to the Committee on Health, Education, the Committee on Environment and Public were referred or ordered to lie on the Works. Labor, and Pensions. EC 4135. A communication from the Direc- table as indicated: SENATE JOINT RESOLUTION NO. 39 tor, Office of Regulatory Management and POM–238. A resolution adopted by the Mili- Whereas, The Older Americans Act pro- Information, Office of Policy, Planning and tary Order of the World Wars relative to in- motes the dignity and value of every older Evaluation, Environmental Protection Agen- creasing defense budgets and restoring the person age 60 and over (numbering 2,000,000 cy, transmitting, pursuant to law, the report strength and credibility of our Armed in Illinois) through an Aging Network led by of a rule entitled ‘‘Project XL Rulemaking Forces; to the Committee on Appropriations. the Illinois Department on Aging, 13 area for New York State Public Utilities; Haz- POM–239. A resolution by the Military agencies on aging, 233 community-based sen- ardous Waste Management System’’ (FRL Order of the World Wars relative to halting ior service agencies, and 63 nutrition services #6374–8), received July 2, 1999; to the Com- nuclear proliferation; to the Committee on agencies throughout Illinois; and mittee on Environment and Public Works. Foreign Relations. Whereas, The Older Americans Act is a EC 4136. A communication from the Direc- POM–240. A resolution adopted by the Mili- successful federal program, with the U.S. Ad- tor, Office of Regulatory Management and tary Order of the World Wars relative to ministration on Aging offering leadership in S8264 CONGRESSIONAL RECORD — SENATE July 12, 1999 Washington, D.C., the Illinois Department on lation this year to offer family caregiver ability, regulation, or remedy for the ERISA Aging (the first state department on aging in support, increased numbers of home-deliv- plan members who are denied coverage; and the nation) at the State level, the area agen- ered meals, improved promotion of elder Whereas, Over the past 24 years, state gov- cies on aging in 13 regions designated by the rights, consolidation of several programs and ernments have gradually realized that State covering all of Illinois, and commu- sub-titles of the law: Therefore, be it ERISA is an impediment to ensuring ade- nity-based senior service agencies providing Resolved, by the Senate of the Ninety-first quate consumer protection for all individ- services in every community; and General Assembly of the State of Illinois, the uals with employer-based health care cov- Whereas, The Older Americans Act pro- House of Representatives concurring herein, erage and to enacting administrative sim- grams target resources and services to those That we urge the Congress of the United plification and cost reduction reforms that in greatest economic and social need, pro- States of America to reauthorize the Older could improve the efficiency and equity of mote the dignity and contributions of our Americans Act this year; and be it further their health care markets; and senior citizens, support transportation serv- Resolved, That suitable copies of this reso- Whereas, ERISA plan participants, their ices, provide home care, assist families and lution be delivered to the President pro tem- dependents, and their treating physicians be- individuals with case management, guide pore of the U.S. Senate, the Speaker of the lieve that they have been denied coverage for those challenged by the legal system U.S. House of Representatives, and each medically necessary procedures because through legal assistance, provide for senior member of the Illinois congressional delega- ERISA’s remedy provisions have been nar- community service employment, offer infor- tion. rowly interpreted and ERISA’s preemption mation and assistance, establish multi-pur- Adopted by the Senate, May 26, 1999. provisions have been broadly interpreted, pose senior centers as focal points on aging, thereby creating substantial economic in- serve congregate luncheon and home-deliv- POM–245. A joint resolution adopted by the centives, with few disincentives for plan ad- ered meals, provide health promotion and General Assembly of the State of Maryland ministrators to deny medically necessary disease prevention activities, involve older relative to state regulation of self-funded benefits legitimately covered under ERISA persons in nutrition education, reach out to employer-based health plans; to the Com- plans; and families with respite services for caregivers mittee on Health, Education, Labor, and Whereas, The time has now come for the and small repair and home modifications, Pensions. states to aggressively seek changes in provide opportunities, education, and serv- ERISA to give them more flexibility in regu- SENATE JOINT RESOLUTION 7 ices, connect people in shared housing, and lating health plans at the state level, to in- advocate to public and private policy makers Whereas, The McCarran-Ferguson Act, crease access to health care, and to lower on the issues of importance to older persons; passed by the U.S. Congress in 1945, estab- health care costs: Now, therefore, be it and lished a statutory framework whereby re- Resolved by the General Assembly of Mary- Whereas, The success of this aging network sponsibility for regulating insurance and the land, That this General Assembly hereby re- over the past 31 years is marked by the deliv- insurance industry was left largely to the quests the U.S. Congress to amend the Em- ery of significant service to older persons in states; and ployment Retirement Income Security Act their own homes and community with the Whereas, The Employee Retirement In- of 1974 (ERISA) to authorize each state to following services examples of that success: come Security Act of 1974 (ERISA) signifi- monitor and to regulate self-funded em- (1) 374,538 recipients of access services, in- cantly altered this concept by creating a fed- ployer-based health plans in the interests of cluding 235,148 Information and Assistance eral framework for regulating employer- providing greater consumer protection and Services clients and 68,493 recipients of Case based pension and welfare benefit plans, in- effecting significant health care reforms at Management Services; cluding health plans; and the state level through the offices of the var- (2) 53,450 recipients of in-home services, in- Whereas, ERISA effectively prohibits ious insurance commissioners and states’ at- cluding 6,460,533 home-delivered meals to states from directly regulating many em- torneys general. Additionally, the United 41,305 elders; ployer-based health plans because ERISA States Department of Labor should coopera- (3) 185,520 recipients of community serv- preempts state regulation of self-insured ices, including 3,636,855 meals to 79,012 con- tively refer complaints to the offices of the plans; and various insurance commissioners and states’ gregate meal participants at 647 nutrition Whereas, Available data suggests that self- sites and services delivered from 170 Senior attorneys general; and be it further funding of employer-based health plans is in- Resolved, That § 502(a)(1)(B) of ERISA, Centers; creasing at a significant rate among both which currently reads: ‘‘(B) to recover bene- (4) 760 recipients of employment services, small and large businesses; and including 760 senior community service em- fits due to him under the terms of his plan, Whereas, Between 1989 and 1993, the United to enforce his rights under the terms of the ployment program participants; and States General Accounting Office estimates (5) 98,600 recipients of nursing home om- plan, or to clarify his rights to future bene- that the number of self-funded plan enrollees budsman services; and fits under the terms of the plan;’’, be amend- Whereas, The organizations serving older increased by about 6,000,000 individuals; and ed to read: ‘‘(B) to recover benefits due to persons employ professionals dedicated to of- Whereas, Approximately 40% to 50% of em- him under the terms of his plan, to recover fering the highest level of service and caring ployer-based health plans are presently self- from the fiduciary compensatory damages workers who every day provide in-home care, funded by employers that retain most or all caused by the fiduciary’s failure to pay bene- rides, educational and social activities, shop- of the financial risk for their respective fits due under the terms of the plan, to en- ping assistance, advice, and hope to those in health plans; and force his rights under the terms of the plan, Whereas, With the growth in the self-fund- greatest isolation and need; and or to timely authorize assurance of payment Whereas, The organizations serving older ing of health plans, states have lost regu- and clarify his rights to future benefits persons involve a multi-generational corps of latory oversight over a growing portion of under the terms of the plans;’’; and be it fur- volunteers who contribute to the govern- the health market; and ther ance, planning, and delivery of services to Whereas, Recent federal court decisions Resolved, This this General Assembly most older persons in their own communities have struck down state laws regulating in- fervently urges and encourages each state through participation on boards and advi- sured health plans by expanding ERISA’s legislative body in the nation to enact this sory councils and in the provision of clerical current preemption of state laws regulating resolution, or one similar in context and support, programming, and direct delivery of self-insured plans to laws relating to ensured form, as a show of solidarity in petitioning service to seniors; and plans; and the federal government for greater state au- Whereas, The Older Americans Act pro- Whereas, As these phenomena continue, thority and responsibility in regulating self- grams in Illinois leverage local funding for state governments are losing their ability to funded employer-based health plans; and be aging services and encourage contributions mange their health care markets; and it further from older persons; and Whereas, Many state legislatures, such as Resolved, That a copy of this Resolution be Whereas, The Older Americans Act pro- the Maryland General Assembly, have taken forwarded by the Department of Legislative grams are the foundation for the Illinois significant actions to increase access to Services to the Honorable Parris N. Community Care Program which reaches out care, to control costs, and to regulate Glendening, Governor of Maryland; The Hon- to those with the lowest incomes and great- against abuses by health plans; and orable Thomas V. Mike Miller, Jr., President est frailty to provide alternatives to long- Whereas, ERISA preemption is a signifi- of the Senate of Maryland; and the Honor- term care, and the Illinois Elder Abuse and cant obstacle to the states adopting a wide able Casper R. Taylor, Jr., Speaker of the Neglect Interventions Program which assists range of health care reform and consumer House of Delegates; and be it further families in the most difficult of domestic sit- protection strategies; and Resolved, That a copy of this Resolution be uations with investigation and practical Whereas, The states’ inability to protect forwarded by the Department of Legislative interventions; and consumers enrolled in self-funded health Services to the National Conference of State Whereas, The Congress of the United plans that fail to provide the consumers’ an- Legislatures, 444 North Capitol Street, NW., States has not reauthorized the Older Ameri- ticipated level of health care is gradually Suite 515, Washington, DC 20001; and be it cans Act since 1995 and only extends the pro- eroding the public’s confidence in the Amer- further gram each year through level appropriations; ican health care system because self-funded Resolved, That a copy of this Resolution be and plans are afforded an unfair advantage over forwarded by the Department of Legislative Whereas, Expansion of the Older Ameri- traditional health insurance plans due to a Services to the President of the United cans Act is proposed in reauthorization legis- lack of adequate state or federal account- States; the Secretary of the United States July 12, 1999 CONGRESSIONAL RECORD — SENATE S8265 Department of Labor; the Speaker and the ability, regulation, or remedy for the ERISA Department of Labor; the Speaker and the Clerk of the United States House of Rep- plan members who are denied coverage; and Clerk of the United States House of Rep- resentatives; the President and the Sec- Whereas, Over the past 24 years, state gov- resentatives; the President and the Sec- retary of the United States Senate; and to ernments have gradually realized that retary of the United States Senate; and to the presiding officer of each chamber of each ERISA is an impediment to ensuring ade- the presiding officer of each chamber of each state legislature in the nation; and be it fur- quate consumer protection for all individ- state legislature in the nation; and be it fur- ther uals with employer-based health care cov- ther Resolved, That a copy of this Resolution be erage and to enacting administrative sim- Resolved, That a copy of this Resolution be forwarded by the Department of Legislative plification and cost reduction reforms that forwarded by the Department of Legislative Services to the Maryland Congressional Del- could improve the efficiency and equity of Services to the Maryland Congressional Del- egation: Senators Paul S. Sarbanes and Bar- their health care markets; and egation: Senators Paul S. Sarbanes and Bar- bara A. Mikulski, Senate Office Building, Whereas, ERISA plan participants, their bara A. Mikulski, Senate Office Building, Washington, DC 20510; and Representatives dependents, and their treating physicians be- Washington, D.C. 20510; and Representatives Wayne T. Gilchrest, Robert L. Ehrlich, Jr., lieve that they have been denied coverage for Wayne T. Gilchrest, Robert L. Ehrlich, Jr., Benjamin L. Cardin, Albert R. Wynn, Steny medically necessary procedures because Benjamin L. Cardin, Albert R. Wynn, Steny Hamilton Hoyer, Roscoe G. Bartlett, Elijah ERISA’s remedy provisions have been nar- Hamilton Hoyer, Roscoe G. Bartlett, Elijah E. Cummings, and Constance A. Morella, rowly interpreted and ERISA’s preemption E. Cummings, and Constance A. Morella, House Office Building, Washington, DC 20515. provisions have been broadly interpreted, House Office Building, Washington, D.C. thereby creating substantial economic in- 20515. POM–246. A joint resolution adopted by the centives, with few disincentives for plan ad- General Assembly of the State of Maryland ministrators to deny medically necessary POM–217. A joint resolution adopted by the relative to state regulation of self-funded benefits legitimately covered under ERISA Assembly of the State of Nevada relative to employer-based health plans; to the Com- plans; and amending the Wild Free-Roaming Horses and mittee on Health, Education, Labor, and Whereas, The time has now come for the Burros Act; to the Committee on Energy and Pensions. states to aggressively seek changes in Natural Resources. ERISA to give them more flexibility in regu- ASSEMBLY JOINT RESOLUTION NO. 2 HOUSE JOINT RESOLUTION 8 lating health plans at the state level, to in- Whereas, On December 15, 1971, Congress Whereas, The McCarran-Ferguson Act, crease access to health care, and to lower enacted the provisions of the Wild Free- passed by the U.S. Congress in 1945, estab- health care costs: Now, therefore, be it Roaming Horses and Burros Act, 16 U.S.C. lished a statutory framework whereby re- Resolved by the General Assembly of Mary- §§ 1331 et seq.; and sponsibility for regulating insurance and the land, That this General Assembly hereby re- Whereas, The purpose of the Act is to pre- insurance industry was left largely to the quests the U.S. Congress to amend the Em- serve the wild horses and burros living on states; and ployment Retirement Income Security Act the public lands managed by the Bureau of Whereas, The Employee Retirement In- of 1974 (ERISA) to authorize each state to Land Management and the United States come Security Act of 1974 (ERISA) signifi- monitor and to regulate self-funded em- Forest Service and to protect those wild cantly altered this concept by creating a fed- ployer-based health plans in the interests of horses and burros from capture, branding, eral framework for regulating employer- providing greater consumer protection and harassment and death; and based pension and welfare benefit plans, in- effecting significant health care reforms at Whereas, Since 1971, the population of wild cluding health plans; and the state level through the offices of the var- horses living on the public lands managed by Whereas, ERISA effectively prohibits ious insurance commissioners and states’ at- the Bureau of Land Management and the states from directly regulating many em- torneys general. Additionally, the United United States Forest Service has increased ployer-based health plans because ERISA States Department of Labor should coopera- dramatically, particularly in Nevada where preempts state regulation of self-insured tively refer complaints to the offices of the the largest population of those wild horses plans; and various insurance commissioners and states’ exists; and Whereas, Available data suggests that self- attorneys general; and be it further Whereas, the Act requires the Secretary of funding or employer-based health plans in Resolved, That § 502(a)(1)(B) of ERISA, the Interior and the Secretary of Agriculture increasing at a significant rate among both which currently reads: ‘‘(B) to recover bene- to manage the wild horses living on the pub- small and large businesses; and fits due to him under the terms of his plan, lic lands administered by the Bureau of Land Whereas, Between 1989 and 1993, the United to enforce his rights under the terms of the Management and the United States Forest States General Accounting Office estimates plan, or to clarify his rights to future bene- Service in a manner that will achieve and that the number of self-funded plan enrollees fits under the terms of the plan;’’, be amend- maintain a natural ecological balance on increase by about 6,000,000 individuals; and ed to read: ‘‘(B) to recover benefits due to those public lands; and Whereas, Approximately 40% to 50% of em- him under the terms of his plan, to recover Whereas, Pursuant to that Act, if the Sec- ployer-based health plans are presently self- from the fiduciary compensatory damages retary of the Interior or the Secretary of Ag- funded by employers that retain most or all caused by the fiduciary’s failure to pay bene- riculture determines that an overpopulation of the financial risk for their respective fits due under the terms of the plan, to en- of wild horses exists in an area of the public health plans; and force his rights under the terms of the plan, lands managed by the Bureau of Land Man- Whereas, With the growth in the self-fund- or to timely authorize assurance of payment agement and the United States Forest Serv- ing of health plans, states have lost regu- and clarify his rights to future benefits ice, the secretary must remove the excess latory oversight over a growing portion of under the terms of the plans;’’; and be it fur- wild horses from those areas to achieve an the health market; and ther appropriate level of management for the wild Whereas, Recent federal court decisions Resolved, That this General Assembly most horses; and have struck down state laws regulating in- fervently urges and encourages each state Whereas, Although the provisions of the sured health plans by expanding ERISA’s legislative body in the nation to enact this Act address the issue of overpopulation of current preemption of state laws regulating resolution, or one similar in context and wild horses, the Act does not require that self-insured plans to laws relating to insured form, as a show of solidarity in petitioning the population of wild horses be maintained plans; and the federal government for greater state au- at a particular level, thereby allowing the Whereas, As these phenomena, continue, thority and responsibility in regulating self- population of wild horses to expand far be- state governments are losing their ability to funded employer-based health plans; and be yond the level envisioned by Congress in manage their health care markets; and it further 1971; and Whereas, Many state legislatures, such as Resolved, That a copy of this Resolution be Whereas, Allowing an excessive number of the Maryland General Assembly, have taken forwarded by the Department of Legislative wild horses to live on the public lands man- significant actions to increase access to Services to the Honorable Parris N. aged by the Bureau of Land Management and care, to control costs, and to regulate Glendening, Governor of Maryland; The Hon- the United States Forest Service causes against abuses by health plans; and orable Thomas V. Mike Miller, Jr., President those public lands to deteriorate from over- Whereas, ERISA preemption is a signifi- of the Senate of Maryland; and the Honor- use and contravenes the purposes of the Tay- cant obstacle to the states adopting a wide able Casper R. Taylor, Jr., Speaker of the lor Grazing Act, 43 U.S.C. §§ 315 et seq., and range of health care reform and consumer House of Delegates; and be it further the Federal Land Policy and Management protection strategies; and Resolved, That a copy of this Resolution be Act of 1976, 43 U.S.C. §§ 1701 et seq., which are Whereas, The states’ inability to protect forwarded by the Department of Legislative intended to protect those public lands from consumers enrolled in self-funded health Services to the National Conference of State deterioration and overuse; and plans that fail to provide the consumers’ an- Legislatures, 444 North Capitol Street, N.W., Whereas, Requiring the Secretary of the ticipated level of health care is gradually Suite 515, Washington, D.C. 20001; and be it Interior and the Secretary of Agriculture to eroding the public’s confidence in the Amer- further maintain the population of wild horses living ican health care system because self-funded Resolved, That a copy of this Resolution be on the public lands managed by the Bureau plans are afforded an unfair advantage over forwarded by the Department of Legislative of Land Management and the United States traditional health insurance plans due to a Services to the President of the United Forest Service at the level established for lack of adequate state or federal account- States; the Secretary of the United States those wild horses in 1975 will: S8266 CONGRESSIONAL RECORD — SENATE July 12, 1999 1. Improve the condition of the ranges used nial of Flight Commemoration Act (36 U.S.C. SUBMISSION OF CONCURRENT AND by the wild horses; 143 note; 112 Stat. 3486 et seq.) (Rept. No. 106– SENATE RESOLUTIONS 2. Increase the population and improve the 105). habitat of deer, antelope and other species of The following concurrent resolutions wildlife living on those public lands; f and Senate resolutions were read, and 3. Allow an increased use of the public referred (or acted upon), as indicated: lands and the development of native flora REPORTS OF COMMITTEES By Mr. REID (for himself and Mr. and vegetation; DASCHLE): 4. Improve conditions for hunting and The following reports of committees S. Res. 137. A resolution to congratulate other outdoor sports; were submitted: the United States Women’s Soccer Team on 5. Reduce the amount of money required to By Mr. MCCAIN, from the Committee on winning the 1999 Women’s World Cup Cham- shelter, feed and prepare wild horses for Commerce, Science, and Transportation, pionship; to the Committee on the Judiciary. adoption; and with amendments: f 6. Reduce the risk of deaths of wild horses S. 296: A bill to provide for continuation of because of freezing, starvation and drought: the Federal research investment in a fiscally STATEMENTS ON INTRODUCED Now, therefore, be it sustainable way, and for other purposes BILLS AND JOINT RESOLUTIONS Resolved by the Assembly and Senate of the (Rept. No. 106–106). State of Nevada, Jointly, That the Nevada By Mr. LAUTENBERG (for him- Legislature urges Congress to amend the f self, Mrs. BOXER, Mr. DURBIN, provisions of the Wild Free-Roaming Horses Mr. MOYNIHAN, Mrs. FEINSTEIN, and Burros Act to require the Secretary of INTRODUCTION OF BILLS AND Mrs. MURRAY, Mr. KERRY, Mr. the Interior and the Secretary of Agriculture JOINT RESOLUTIONS TORRICELLI, Mr. FEINGOLD, Mr. to establish the necessary regulations and KOHL, Mr. KENNEDY, and Mr. procedures whereby horses and burros in ex- The following bills and joint resolu- cess of the appropriate management levels tions were introduced, read the first SCHUMER): are gathered in a timely fashion, and and second time by unanimous con- S. 1345. A bill to amend title 18, unadoptable horses and burros are made sent, and referred as indicated: United States Code, to prohibit certain available for sale at open market; and be it interstate conduct relating to exotic By Mr. LAUTENBERG (for himself, further animals; to the Committee on the Judi- Mrs. BOXER, Mr. DURBIN, Mr. MOY- Resolved, That the Nevada Legislature NIHAN, Mrs. FEINSTEIN, Mrs. MURRAY, ciary. urges Congress to include provisions in the Mr. KERRY, Mr. TORRICELLI, Mr. CAPTIVE EXOTIC ANIMAL PROTECTION ACT OF Wild Free-Roaming Horses and Burros Act FEINGOLD, Mr. KOHL, Mr. KENNEDY, 1999 directing that the proceeds of sales of and Mr. SCHUMER): unadoptable horses and burros be granted to Mr. LAUTENBERG. Mr. President, I S. 1345. A bill to amend title 18, United the state director of the federal land man- rise to introduce the Captive Exotic States Code, to prohibit certain interstate agement agency responsible for the horses Animal Protection Act, which would conduct relating to exotic animals; to the and burros which were gathered off public prohibit the barbaric and unsporting Committee on the Judiciary. lands, prior to sale, and that these proceeds By Mr. BOND: practice of ‘‘canned hunts,’’ or caged be used to augment wild horse and burro S. 1346. A bill to ensure the independence kills. I am pleased to be joined by my management programs in the state; and be it and nonpartisan operation of the Office of cosponsors Senators BOXER, DURBIN, further Advocacy of the Small Business Administra- FEINGOLD, FEINSTEIN, KENNEDY, KERRY, Resolved, That the establishment of the ap- tion; to the Committee on Small Business. propriate management levels should be based KOHL, MOYNIHAN, MURRAY, SCHUMER, By Mr. BROWNBACK: on sound scientific and locally-collected re- and TORRICELLI. S. 1347. A bill to amend the Internal Rev- source information that incorporates and A typical canned hunt operation col- enue Code of 1986 to exclude from gross in- fully acknowledges other existing multiple lects surplus animals from wild animal come capital gain from the disposition of uses of the land, such as the needs of other certain urban property, Indian reservation parks, circuses, and even petting zoos, wildlife and livestock living on the land; and property, or farm property which has been and then sells the right to brutally kill be it further held for more than 5 years; to the Committee these animals to so-called ‘‘hunters.’’ Resolved, That the establishment of the ap- In reality, no hunting, tracking or propriate management levels should be con- on Finance. cluded by the end of the federal fiscal year By Mr. BROWNBACK (for himself, Mr. shooting skills are required. For a 2002, and maintained thereafter, irrespective KYL, Mr. HAGEL, Mr. ALLARD, Mr. price, any ‘‘hunter’’ is guaranteed a of the outlet capacity of the federal horse ENZI, Mr. SESSIONS, Mr. HELMS, and kill of the exotic animal of his choice— adoption programs; and be it further Mr. INHOFE): one located by a guide and blocked S. 1348. A bill to require Congress and the Resolved, That the Chief Clerk of the As- from escape. A wild boar ‘‘kill’’ may sembly prepare and transmit a copy of this President to fulfill their Constitutional duty to take personal responsibility for Federal sell for $250, a pygmy goat for $400, resolution to the Vice President of the while a rare Arabian Ibex may fetch up United States as the presiding officer of the laws; to the Committee on Governmental Af- Senate, the Speaker of the House of Rep- fairs. to $5000. The actual ‘‘hunt’’ of these resentatives, each member of the Nevada By Mr. THOMAS: tame animals occurs within a fenced Congressional Delegation and each legisla- S. 1349. A bill to direct the Secretary of the enclosure, leaving the animal virtually ture of the other 49 states; and be it further Interior to conduct special resource studies no chance for escape. Fed and cared for Resolved, That this resolution becomes ef- to determine the national significance of by humans, these animals often have fective upon passage and approval. specific sites as well as the suitability and feasibility of their inclusion as units of the lost their instinctual impulse to flee f National Park System; to the Committee on from the so-called hunters who ‘‘stalk’’ REPORTS OF COMMITTEES SUB- Energy and Natural Resources. them. MITTED DURING ADJOURNMENT By Mr. GRASSLEY (for himself and The actual killing methods employed Mr. TORRICELLI): by these hunters only compound the Under the authority of the order of S. 1350. A bill to amend the Internal Rev- cruelty of slaughtering these often the Senate of July 1, 1999, the following enue Code of 1986 to expand the availability trusting animals. In order to preserve reports of committees were submitted of medical savings accounts; to the Com- the animal as a ‘‘trophy,’’ hunters will on July 8, 1999: mittee on Finance. fire multiple shots into non-vital or- By Mr. THOMPSON, from the Committee By Mr. GRASSLEY (for himself, Mr. gans, condemning the animal to a slow on Governmental Affairs, without amend- MURKOWSKI, and Mr. HARKIN): ment: S. 1351. A bill to amend the Internal Rev- and painful death. S. 712: A bill to amend title 39, United enue Code of 1986 to extend and modify the Canned hunts are condemned by pro- States Code, to allow postal patrons to con- credit for electricity produced from renew- animal and pro-hunting groups alike tribute to funding for highway-rail grade able resources; to the Committee on Fi- for being cruel and unethical. Many crossing safety through the voluntary pur- nance. real hunters believe that canned hunts chase of certain specially issued United By Mr. COVERDELL (for himself, Mr. are unethical and make a mockery of States postage stamps (Rept. No. 106–104). THURMOND, Mr. CLELAND, and Mr. their sport. For example, the Boone By Mr. THOMPSON, from the Committee HOLLINGS): on Governmental Affairs, without amend- S.J. Res. 29. A joint resolution to grant the and Crockett Club, a hunting organiza- ment: consent of Congress to the boundary change tion founded by Teddy Roosevelt, has S. 1072: A bill to make certain technical between Georgia and South Carolina; to the called canned hunts ‘‘unfair’’ and ‘‘un- and other corrections relating to the Centen- Committee on the Judiciary. sportsmanlike.’’ Bill Burton, the July 12, 1999 CONGRESSIONAL RECORD — SENATE S8267 former outdoors writer for the Balti- S. 1345 has a dual responsibility. On the one more Sun and a hunter, testifying in Be it enacted by the Senate and House of Rep- hand, he is the independent watchdog support of this legislation, stated, resentatives of the United States of America in for small business. On the other hand, ‘‘[t]here is a common belief that the Congress assembled, he is also a part of the President’s Ad- hunting of creatures which have no SECTION 1. SHORT TITLE. ministration. As you can imagine, reasonable avenue to escape is not up This Act may be cited as the ‘‘Captive Ex- those are sometimes very difficult to traditional standards. Shooting otic Animal Protection Act of 1999’’. roles to play simultaneously. game in confinement is not within SEC. 2. TRANSPORT OR POSSESSION OF EXOTIC The Independent Office of Advocacy ANIMALS FOR PURPOSES OF KILL- these standards.’’ ING OR INJURING THEM. Act is designed to make the Office of In addition to being unethical, these (a) IN GENERAL.—Chapter 3 of title 18, Advocacy and Chief Counsel for Advo- canned hunts present a serious health United States Code, is amended by adding at cacy a fully independent advocate and safety problem for livestock and the end the following: within the Executive Branch acting on native wildlife. Accidental escapes of ‘‘§ 48. Exotic animals behalf of the small business commu- animals from exotic game ranches are ‘‘(a) PROHIBITION.—Whoever, in or affecting nity. The bill would establish a clear not uncommon, posing a very real interstate or foreign commerce, knowingly mandate that the Office of Advocacy threat to nearby livestock and indige- transfers, transports, or possesses a confined will fight on behalf of small businesses nous wildlife. John Talbott, acting di- exotic animal, for the purposes of allowing regardless of the position taken on rector of the Wyoming Department of the killing or injuring of that animal for en- critical issues by the President and his Fish and Game, has stated that, tertainment or for the collection of a trophy, Administration. ‘‘[t]uberculosis and other disease docu- shall be fined under this title, imprisoned The Office of Advocacy as envisioned not more than 1 year, or both. by the Independent Office of Advocacy mented amount game ranch animals in ‘‘(b) DEFINITIONS.—In this section— surrounding states,’’ pose ‘‘an ex- ‘‘(1) the term ‘confined exotic animal’ Act will be unique within the executive tremely serious threat to Wyoming’s means a mammal of a species not histori- branch. The Chief Counsel for Advo- native big game.’’ In recognition of cally indigenous to the United States, that cacy will be a wide-ranging advocate, this threat, Wyoming itself has banned has been held in captivity for the shorter who will be free to take positions con- canned hunting facilities, as have the of— trary to the Administration’s policies States of California, Connecticut, ‘‘(A) the greater part of the life of the ani- and to advocate change in government Georgia, Maryland, Massachusetts, Ne- mal; or programs and attitudes as they impact ‘‘(B) a period of 1 year; vada, New Jersey, North Carolina, small businesses. Rhode Island, and Wisconsin. Unfortu- whether or not the defendant knew the In 1976, Congress established the Of- nately, the remaining States lack leg- length of the captivity; and fice of Advocacy in the SBA to be the ‘‘(2) the term ‘captivity’ does not include islation to outlaw canned hunts, and eyes, ears and voice for small business any period during which an animal— within the Federal government. Over because interstate commerce in exotic ‘‘(A) lives as it would in the wild, surviving animals is common, federal legislation primarily by foraging for naturally occur- time, it has been assumed that the Of- is essential to control these cruel prac- ring food, roaming at will over an open area fice of Advocacy is the ‘‘independent’’ tices. of not less than 1,000 acres; and voice for small business. While I My bill is similar to legislation I in- ‘‘(B) has the opportunity to avoid hunt- strongly believe that the Office of Ad- troduced in the 105th Congress, S. 995. ers.’’. vocacy and the Chief Counsel for Advo- The legislation I am introducing today (b) CLERICAL AMENDMENT.—The analysis cacy should be independent and free to will specifically target only canned for chapter 3 of title 18, United States Code, advocate or support positions that is amended by adding at the end the fol- might be contrary to the administra- hunt facilities, and will not affect any lowing: animal industries, such as cattle tion’s policies, I have come to find that ‘‘48. Exotic animals.’’. ranchers, rodeos, livestock shows, pet- the Office is not as independent as nec- ting zoos, horse and dog racing, or By Mr. BOND: essary to do the job adequately for wildlife hunting. Furthermore, this bill S. 1346. A bill to ensure the independ- small business. will not apply to large hunting ence and nonpartisan operation of the For example, funding for the Office of Advocacy comes from the Salaries and ranches, such as those over 1,000 acres, Office of Advocacy of the Small Busi- Expense Account of the SBA’s budget. which give the hunted animal a greater ness Administration; to the Committee Staffing is allocated by the SBA Ad- opportunity to escape. This bill merely on Small Business. ministrator to the Office of Advocacy seeks to ban the transport and trade of INDEPENDENT OFFICE OF ADVOCACY ACT non-native, exotic animals for the pur- from the overall staff allocation for the ∑ Mr. BOND. Mr. President, today, I Agency. In 1990, there were 70 full-time pose of staged trophy hunts. am introducing the Independent Office The idea of a defenseless animal employees working on behalf of small of Advocacy Act. This bill has been meeting a violent end as the target of businesses in the Office of Advocacy. drafted to build on the success of the a canned hunt is, at the very least, dis- Today’s allocation of staff is 49, and Office of Advocacy over the past 23 tasteful to many of us. In an era when fewer are actually on-board as the re- years. It is intended to strengthen the many of us are seeking to curb violence sult of the hiring freeze imposed by the foundation to make the Office of Advo- in our culture, canned hunts are cer- SBA Administrator. The Independence cacy a stronger and more effective ad- tainly one form of gratuitous brutality of the Office is diminished when the Of- that does not belong in our society. vocate for all small businesses fice of Advocacy staff is reduced to I urge my colleagues who want to un- throughout the United States. allow for increased staffing for new derstand the cruelty involved in a The Office of Advocacy is a unique of- programs and additional initiatives in canned hunt to visit my office and view fice within the Federal government. It other areas of SBA, at the discretion of a videotape of an actual canned hunt. is part of the Small Business Adminis- the Administrator. You will witness a defenseless Corsican tration (SBA/Agency), and its director, In addition, the General Accounting ram, cornered near a fence, being shot the Chief Counsel for Advocacy, is Office (GAO) recently completed a re- over and over again with arrows, clear- nominated by the President and con- port for me on personnel practices at ly experiencing an agonizing death, firmed by the Senate. At the same the SBA (GAO/GGD–99–68). I was only to be dealt a final blow by a fire- time, the Office is also intended to be alarmed by the GAO’s finding that As- arm after needless suffering. the independent voice for small busi- sistant and Regional Advocates hired Please join me in support of this leg- ness within the Federal government. It by the Office of Advocacy share many islation which will help to put an end is supposed to develop proposals for of the attributes of Schedule C polit- to this needless suffering. changing government policies to help ical appointees. In fact, Regional Advo- Mr. President, I ask unanimous con- small businesses, and it is supposed to cates are frequently cleared by the sent that the text of the bill be printed represent the views and interests of White House personnel office—the in the RECORD. small businesses before other Federal same procedure followed for approving There being no objection, the bill was agencies. Schedule C political appointees. ordered to be printed in the RECORD, as As the director of the Office of Advo- The facts discussed in the GAO Re- follows: cacy, the Chief Counsel for Advocacy port cast the Office of Advocacy in a S8268 CONGRESSIONAL RECORD — SENATE July 12, 1999 whole new light—one that had not been source studies to determine the na- and maintenance, and identification of alter- apparent until now. The report raises tional significance of specific sites as natives for the management, administration, questions, concerns and suspicious re- well as the suitability and feasibility and protection of the area. garding the independence of the Office of their inclusion as units of the Na- SEC. 5. SITES AND/OR AREAS. of Advocacy. Has there been a time tional Park System; to the Committee (a) The areas recommended for study for potential inclusion in the National Park when the Office did not pursue a mat- on Energy and Natural Resources. System include the following: ter as vigorously as it might have were NATIONAL PARK SYSTEM NEW AREA STUDY ACT (1) Bioluminescent Bay, Mosquito Lagoon, it not for direct or indirect political in- OF 2000 Puerto Rico; fluence? Prior to receipt of the GAO Mr. THOMAS. Mr. President, I rise (2) Brandywine and Paoli Battlefields, Report, my response was a resounding today to introduce the National Park Pennsylvania; ‘‘No.’’ But now, a question mark arises. (3) Civil Rights Trail, Nationwide; System New Area Study Act of 2000. (4) Gaviota Coast Seashore, California; Let me take a moment and note that Mr. President, last year when we (5) Kate Mullaney House, New York; I will be unrelenting in my efforts to passed the National Parks Vision 20–20 (6) Low Country Gullah Culture, South insure the complete independence of legislation, we made a number of revi- Carolina, Georgia and Florida; the Office of Advocacy in all matters, sions in the way we do business within (7) Nan Madol, Northern Marianas; at all times, for the continued benefit the National Park System. One of (8) Walden Pond and Woods, in Concord and of all small businesses. However, so Lincoln, Massachusetts; and those changes concerned the conduct of (9) World War II sites on Palau and Saipan. long as the Administration controls new park studies. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. the budget allocated to the Office of Prior to the National Park Service There are authorized to be appropriated Advocacy and controls who is hired, undertaking any new area studies, and such sums as are necessary to carry out this the independence of the Office may be from this point forward, Congress must Act. in jeopardy. We must correct this situ- act affirmatively on a list submitted ation, and the sooner we do it, the bet- by the Secretary of the Interior for By Mr. GRASSLEY (for himself ter it will be for the small business studies on potential new units of the and Mr. TORRICELLI): community. System. S. 1350. A bill to amend the Internal The Independent Office of Advocacy Pursuant to Public Law 105–391, the Revenue Code of 1986 to expand the Act builds a firewall to prevent the po- Secretary has submitted a list and this availability of medical savings ac- litical intrustion into the management legislation reflects the Secretary’s re- counts; to the Committee on Finance. of day-to-day operations of the Office quest. MEDICAL SAVINGS ACCOUNT IMPROVEMENT ACT of Advocacy. The bill requires that the Mr. President, I ask unanimous re- OF 1999 SBA’s budget include a separate ac- quest that the bill be printed in the Mr. GRASSLEY. Mr. President, count for the Office of Advocacy. No RECORD. today, on behalf of myself and my col- longer would its funds come from the There being no objection, the bill was league, Senator TORRICELLI, I am intro- general operating account of the Agen- ordered to be printed in the RECORD, as ducing legislation, the Medical Savings cy. The separate account would also follows: Account Improvement Act of 1999, provide for the number of full-time em- S. 1349 which would make it possible for any ployees who would work within the Of- Be it enacted by the Senate and the House individual to purchase a medical sav- fice of Advocacy. No longer would the of Representatives of the United States of ings account and which would liber- Chief Counsel for Advocacy have to America in Congress assembled, alize existing law authorizing medical seek approval from the SBA Adminis- SECTION 1. SHORT TITLE. savings accounts in a number of other trator to hire staff for the Office of ad- This Act may be cited as the ‘‘National respects. vocacy. Park System New Area Study Act of 2000’’. Medical savings accounts are a good The bill also continues the practice SEC. 2. FINDINGS AND PURPOSES: idea, Mr. President. They are basically of allowing the Chief Counsel to hire (a) FINDINGS.—Congress finds that pursu- IRAs—an idea everybody understands— individuals critical to the mission of ant to Public Law 105–391, the Administra- which must be used for payment of tion has submitted a list of areas rec- medical expenses. the Office of Advocacy without going ommended for study for potential inclusion through the normal competitive proce- in the National Park System in fiscal year The widespread use of medical sav- dures directed by federal law and the 2000. ings accounts should have several bene- Office of Personnel Management (b) PURPOSE.—The purpose of this Act is to ficial consequences. (OPM). I beleive this special hiring au- direct the Secretary of the Interior to direct They should reduce health care costs. thority, which is limited only to em- special resource studies to determine the na- Administrative costs should be lower. ployees within the Office of Advocacy, tional significance of the sites, and/or areas, Consumers with MSAs should use is beneficial because it allows the Chief listed in Section 5 of this Act to determine health care services in a more discrimi- the national significance of each site, and/or nating manner. Consumers with MSAs Counsel to hire quickly those persons area, as well as the suitability and feasi- who can best assist the Office in re- bility of their inclusion as units of the Na- should be more selective in choosing sponding to changing issues and prob- tional Park System. providers. This should cause those pro- lems confronting small businesses. SEC. 3. DEFINITIONS. viders to lower their prices to attract Mr. Presdient, the Independent Office In this Act: medical savings account holders as pa- of Advocacy Act is a sound bill. The (1) SECRETARY.—The term ‘‘Secretary’’ tients. bill is the product of a great deal of means the Secretary of the Interior acting Medical savings accounts can also thoughtful, objective review and con- through the Director of the National Park help to put the patient back into the sideration by me, the staff of the Com- Service. health care equation. Patients should mittee on Small Business, representa- SEC. 4. STUDIES. make more cost-conscious choices tives of the small business community, (a) IN GENERAL.—Not later than 2 years about routine health care. Patients after the date on which funds are made avail- former Chief Councels for Advocacy with MSAs would have complete choice able for the purpose of this Act, the Sec- of provider. and others. These individuals have also retary, shall submit to the Committee on devoted much time and effort in ac- Energy and Natural Resources of the Senate Medical savings accounts should tively participating in a Committee and the Committee on Resources of the make health care coverage more de- Roundtable discussion on the Office of House of Representatives individual resource pendable. MSAs are completely port- Advocacy, which my Committee held studies of the sites, and/or areas, listed in able. MSAs are still the property of the on April 21, 1999. It is my hope the Section 5 of this Act. individual even if they change jobs. Committee on Small Business will be (b) CONTENTS.—The study under subsection Hence, for those with MSAs, job (a) shall— able to consider the Independent Office changes do not threaten them with the (1) identify the location and the suitability loss of health insurance. of Advocacy Act in the near future.∑ and feasibility of designating the sites, and/ or areas, as units of the National Park Sys- Medical savings accounts should in- By Mr. THOMAS: tem; and crease health care coverage. Perhaps as S. 1349. A bill to direct the Secretary (2) include cost estimates for any nec- many as half of the more than 40 mil- of the Interior to conduct special re- essary acquisition, development, operation lion Americans who are uninsured at July 12, 1999 CONGRESSIONAL RECORD — SENATE S8269 any point in time are without health ‘‘(I) which is not a high deductible health erage, such as single parents, the self- insurance only for four months or less. plan, and employed, small businesses and their A substantial number of these people ‘‘(II) which provides coverage for any ben- employees, and working families, now are uninsured because they are be- efit which is covered under the high deduct- have affordable medical coverage. In ible health plan.’’ fact, since MSA’s became available, the tween jobs. Use of medical savings ac- (2) CONFORMING AMENDMENTS.— counts should reduce the number of the (A) Section 220(c)(1) of such Code is amend- General Accounting Office reports that uninsured by equipping people to pay ed by striking subparagraph (C). 37 percent of all MSA’s have been pur- their own health expenses while unem- (B) Section 220(c) of such Code is amended chased by people who were previously ployed. by striking paragraph (4) (defining small em- uninsured. Medical savings accounts should pro- ployer) and by redesignating paragraph (5) as Due to current restrictions, however, mote personal savings. Since pre-tax paragraph (4). the size of the market is limited. Con- monies are deposited in them, there (C) Section 220(b) of such Code is amended gress must allow the benefits from by striking paragraph (4) (relating to deduc- MSA’s to reach more Americans. should be a strong tax incentive to use tion limited by compensation) and by redes- them. Our bill, the Medical Savings Ac- ignating paragraphs (5), (6), and (7) as para- count Effectiveness Act of 1999, will Mr. President, our bill would do sev- graphs (4), (5), and (6), respectively. eral things: (c) INCREASE IN AMOUNT OF DEDUCTION AL- make MSA’s a permanent health care First, it would repeal the limitations LOWED FOR CONTRIBUTIONS TO MEDICAL SAV- option for all Americans by expanding on the number of MSAs that can be es- INGS ACCOUNTS.— enrollment beyond the current cap. tablished. (1) IN GENERAL.—Paragraph (2) of section This legislation will allow both em- Second, it stipulates that the avail- 220(b) of such Code is amended to read as fol- ployers and employees to contribute to lows: ability of these accounts is not limited an MSA and will allow policyholders to ‘‘(2) MONTHLY LIMITATION.—The monthly to employees of small employers and fully fund the deductible. In addition, limitation for any month is the amount it will lower the individual deductible self-employed individuals. 1 equal to ⁄12 of the annual deductible (as of to $1,000 and the family deductible to Third, it increases the amount of the the first day of such month) of the individ- deduction allowed for contributions to ual’s coverage under the high deductible $2,000. Finally, it will allow MSA’s to medical savings accounts to 100 percent health plan.’’. be offered through ‘‘cafeteria plans.’’ By expanding MSA’s, this legislation of the deduction. (2) CONFORMING AMENDMENT.—Clause (ii) of will give policyholders direct control Fourth, it permits both employees section 220(d)(1)(A) of such Code is amended by striking ‘‘75 percent of’’. over medical expenditures, offer them and employers to contribute to medical (d) BOTH EMPLOYERS AND EMPLOYEES MAY a new freedom to select the physician savings accounts. CONTRIBUTE TO MEDICAL SAVINGS AC- or specialist of their choice, and make Fifth, it reduces the permitted COUNTS.—Paragraph (4) of section 220(b) of insurance affordable for millions of deductibles under high deductible plans such Code, as redesignated by subsection Americans. from $1,500 in the case of individuals to (b)(2)(C), is amended to read as follows: $1,000 and from $3,000 in the case of ‘‘(4) COORDINATION WITH EXCLUSION FOR EM- By Mr. GRASSLEY (for himself, PLOYER CONTRIBUTIONS.—The limitation couples to $2,000. Mr. MURKOWSKI, and Mr. HAR- Finally, the bill would permit med- which would (but for this paragraph) apply under this subsection to the taxpayer for any KIN): ical savings accounts to be offered taxable year shall be reduced (but not below S. 1351. A bill to amend the Internal under cafeteria plans. zero) by the amount which would (but for Revenue Code of 1986 to extend and Mr. President, I ask unanimous con- section 106(b)) be includible in the taxpayer’s modify the credit for electricity pro- sent that the text of our bill be printed gross income for such taxable year.’’. duced from newable resources; to the in the RECORD. (e) REDUCTION OF PERMITTED DEDUCTIBLES Committee on Finance. NDER IGH EDUCTIBLE EALTH LANS There being no objection, the bill was U H D H P .— THE BIOMASS AND WIND ENERGY TAX CREDIT ordered to be printed in the RECORD, as (1) IN GENERAL.—Subparagraph (A) of sec- Mr. GRASSLEY. Mr. President, I rise follows: tion 220(c)(2) of such Code (defining high de- ductible health plan) is amended— today to acknowledge the unfortunate S. 1350 (A) by striking ‘‘$1,500’’ and inserting expiration of the section 45 tax credit Be it enacted by the Senate and House of Rep- ‘‘$1,000’’, and on June 30 for electricity produced resentatives of the United States of America in (B) by striking ‘‘$3,000’’ in clause (ii) and from alternative energy sources. In re- Congress assembled, inserting ‘‘$2,000’’. sponse, I am introducing legislation to SECTION 1. SHORT TITLE. (2) CONFORMING AMENDMENT.—Subsection extend and expand the credit to help This Act may be cited as the ‘‘Medical Sav- (g) of section 220 of such Code is amended— sustain the public benefits derived ings Account Improvement Act of 1999’’. (A) by striking ‘‘1998’’ and inserting ‘‘1999’’; from these sources. As many of my col- and SEC. 2. EXPANSION OF AVAILABILITY OF MED- leagues know, I authored the section 45 ICAL SAVINGS ACCOUNTS. (B) by striking ‘‘1997’’ and inserting ‘‘1998’’. (f) MEDICAL SAVINGS ACCOUNTS MAY BE OF- credit in the Senate and it was in- (a) REPEAL OF LIMITATIONS ON NUMBER OF FERED UNDER CAFETERIA PLANS.—Subsection cluded in the Energy Policy Act of 1992. MEDICAL SAVINGS ACCOUNTS.— (f) of section 125 of such Code is amended by I am being joined in this bipartisan ef- (1) IN GENERAL.—Subsections (i) and (j) of section 220 of the Internal Revenue Code of striking ‘‘106(b),’’. fort today by Senator MURKOWSKI and (g) EFFECTIVE DATE.—The amendments 1986 are hereby repealed. Senator HARKIN. made by this section shall apply to taxable (2) CONFORMING AMENDMENTS.— Earlier this year, I introduced S. 414 (A) Paragraph (1) of section 220(c) of such years ending after the date of the enactment to extend the wind energy portion of Code is amended by striking subparagraph of this Act. section 45, which has been extremely (D). Mr. TORRICELLI. Mr. President, I successful. The purpose of today’s bill (B) Section 138 of such Code (relating to rise today, along with my distin- is to extend and expand the biomass Medicare+Choice MSA) is amended by strik- guished colleague from Iowa, Senator portion of section 45 to include tech- ing subsection (f). GRASSLEY, to introduce legislation nologies such as biomass combustion (b) AVAILABILITY NOT LIMITED TO ACCOUNTS that will provide Americans more and cofiring biomass with coal-fired fa- FOR EMPLOYEES OF SMALL EMPLOYERS AND choices and control in their health care SELF-EMPLOYED INDIVIDUALS.— cilities. Formerly, section 45 only al- (1) IN GENERAL.—Section 220(c)(1)(A) of the decisions. lowed the use of closed-loop biomass, Internal Revenue Code of 1986 (relating to el- Since becoming available in 1996, which has proven to be unworkable. igible individual) is amended to read as fol- medical savings accounts (MSA’s) have Consequently, the biomass aspect of lows: proven to be an effective solution for section 45 has never been utilized. The ‘‘(A) IN GENERAL.—The term ‘eligible indi- Americans who are self-employed, clean, controlled combustion of bio- vidual’ means, with respect to any month, unsatisfied with their current health mass, which in layman’s terms consists any individual if— plan or working for a company unable of woodchips, agricultural byproducts, ‘‘(i) such individual is covered under a high to provide health insurance. By allow- deductible health plan as of the 1st day of and untreated construction debris, is such month, and ing consumers to save money tax-free another proven, effective technology ‘‘(ii) such individual is not, while covered to cover medical expenses, MSA’s have that currently generates numerous pol- under a high deductible health plan, covered ensured that people who previously lution avoidance and waste manage- under any health plan— were unable to acquire health cov- ment public benefits across the nation. S8270 CONGRESSIONAL RECORD — SENATE July 12, 1999 Unfortunately, the 1992 bill restric- fected jurisdictions assure us that, ‘‘(ii) In the case of a qualified facility de- tively defined qualifying biomass proc- with the enactment of this critical tax scribed in subparagraph (B)(ii)— esses by requiring taxpayers to grow credit legislation, action would be ‘‘(I) the 10-year period referred to in sub- taken to build these plants imme- section (a) shall be treated as beginning no the biomass solely for the purposes of earlier than the date of the enactment of combustion. This then-untested theory diately. this paragraph, and has since proven to be singularly un- With regard to wind energy, and my ‘‘(II) the amount of the credit determined economic, and taxpayers have never involvement in supporting this tech- under subsection (a) with respect to any claimed one single cent of tax credits. nology which goes back to my author- project for any taxable year shall be adjusted My bill retains this dormant ‘‘closed- ship of the Wind Energy Incentives Act by multiplying such amount (determined loop’’ biomass provision in the hopes of 1992, I am proud to say that this without regard to this clause) by 0.59.’’. (b) CREDIT NOT TO APPLY TO ELECTRICITY that some day it may be found feasible. credit is one of the success stories of section 45. The public policy benefits of SOLD TO UTILITIES UNDER CERTAIN CON- In order to retain the environmental, TRACTS.—Section 45(b) of the Internal Rev- waste management, and the rural em- wind energy are indisputable: it is enue Code of 1986 (relating to limitations and ployment benefits that we currently clean, safe and abundant within the adjustments) is amended by adding at the receive from the existing ‘‘open-loop’’ United States. I understand that every end the following: biomass facilities, by bill rewrites sec- 10,000 megawatts of wind energy pro- ‘‘(4) CREDIT NOT TO APPLY TO ELECTRICITY tion 45 to allow tax credits for clean duced in the U.S. can reduce carbon SOLD TO UTILITIES UNDER CERTAIN CON- combustion of wood waste and similar monoxide emissions by 33 million met- TRACTS.— ric tons by replacing the combustion of ‘‘(A) IN GENERAL.—The credit determined residues in these unique facilities. under subsection (a) shall not apply to These valuable, yet economically vul- fossil fuels. Mr. President, I believe this bill pro- electricity— nerable, facilities that convert 20 mil- vides a common sense combination of ‘‘(i) produced at a qualified facility placed lion tons of waste into clean electricity in service by the taxpayer after June 30, 1999, current and new technologies to help annually, and which have never re- and maintain the economic, environmental ‘‘(ii) sold to a utility pursuant to a con- ceived section 45 tax credits, would be and waste management benefits de- eligible for the same ten years of tax tract originally entered into before January rived from wind and biomass power. 1, 1987 (whether or not amended or restated credits per facility, beginning at date This bill has strong support from both after that date). of enactment. the biomass industry and environ- ‘‘(B) EXCEPTION.—Subparagraph (A) shall Importantly, we have gone to great mental groups including the Union of not apply if— lengths to ensure that the definition of Concerned Scientists and the Natural ‘‘(i) the prices for energy and capacity qualifying biomass materials is limited Resources Defense Council. I urge my from such facility are established pursuant to organic, nonhazardous materials to an amendment to the contract referred to colleagues to join in supporting this in subparagraph (A)(ii); that are clearly proven to burn cleanly legislation. without any pollution risk. Also, to ‘‘(ii) such amendment provides that the Mr. President, I ask unanimous con- prices set forth in the contract which exceed allay any concern that biomass plants sent that a copy of the bill be printed avoided cost prices determined at the time of might burn paper and thus possibly in the RECORD. delivery shall apply only to annual quan- jeopardize the amount of paper that is There being no objection, the bill was tities of electricity (prorated for partial available to be recycled, I have specifi- ordered to be printed in the RECORD, as years) which do not exceed the greater of— cally excluded paper that is commonly follows: ‘‘(I) the average annual quantity of elec- tricity sold to the utility under the contract recycled from the list of materials that S. 1351 would qualify for the credit. during calendar years 1994, 1995, 1996, 1997, Be it enacted by the Senate and House of and 1998, or One promising technology that does Representatives of the United States of America ‘‘(II) the estimate of the annual electricity not yet operate here in the U.S., but in Congress assembled, production set forth in the contract, or, if has now been proven to be feasible and SECTION 1. CREDIT FOR ELECTRICITY PRO- there is no such estimate, the greatest an- practical, involves the cofiring of bio- DUCED FROM RENEWABLE RE- nual quantity of electricity sold to the util- SOURCES. ity under the contract in any of the calendar mass with coal. A partial tax credit for (a) EXTENSION AND MODIFICATION OF years 1996, 1997, or 1998; and cofiring would stimulate economic PLACED-IN-SERVICE RULES.—Paragraph (3) of growth in rural areas by creating new section 45(c) of the Internal Revenue Code of ‘‘(iii) such amendment provides that en- markets for forage crops. The environ- 1986 is amended to read as follows: ergy and capacity in excess of the limitation ‘‘(3) QUALIFIED FACILITY.— in clause (ii) may be— mental benefits from reduced coal ‘‘(I) sold to the utility only at prices that plant emissions would also be substan- ‘‘(A) WIND FACILITIES.—In the case of a fa- cility using wind to produce electricity, the do not exceed avoided cost prices determined tial. term ’qualified facility’ means any facility at the time of delivery, or Finally, my bill acknowledges the owned by the taxpayer which is originally ‘‘(II) sold to a third party subject to a mu- potential that biomass combustion has placed in service after December 31, 1993, and tually agreed upon advance notice to the to solve the nation’s pressing poultry before July 1, 2004. utility. waste problem by making electricity ‘‘(B) BIOMASS FACILITIES.—In the case of a For purposes of this subparagraph, avoided produced from the combustion of poul- facility using biomass to produce electricity, cost prices shall be determined as provided try litter eligible for the sec. 45 tax the term ’qualified facility’ means, with re- for in 18 CFR 292.304(d)(1) or any successor spect to any month, any facility owned, regulation.’’. credit. As Chairman ROTH has recently leased, or operated by the taxpayer which is (c) QUALIFIED FACILITIES INCLUDE ALL BIO- pointed out, the increased growth of originally placed in service before July 1, MASS FACILITIES.— our domestic chicken and turkey in- 2004, if, for such month— (1) IN GENERAL.—Subparagraph (B) of sec- dustry has created the need to find a ‘‘(i) biomass comprises not less than 75 per- tion 45(c)(1) of the Internal Revenue Code of new, creative means for disposing of cent (on a Btu basis) of the average monthly 1986 (defining qualified energy resources) is the waste of some 600 million chickens fuel input of the facility for the taxable year amended to read as follows: in the Delaware, Maryland, and Vir- which includes such month, or ‘‘(B) biomass.’’. ginia peninsula alone. ‘‘(ii) in the case of a facility principally (2) BIOMASS DEFINED.—Paragraph (2) of sec- Today, much of the waste from these using coal to produce electricity, biomass tion 45(c) of such Code (relating to defini- comprises not more than 25 percent (on a tions) is amended to read as follows: operations (deposited upon biomass Btu basis) of the average monthly fuel input ‘‘(2) BIOMASS.—The term ‘biomass’ means— materials) is spread on farmland, re- of the facility for the taxable year which in- ‘‘(A) any organic material from a plant sulting in a nutrient runoff that has cludes such month. which is planted exclusively for purposes of contaminated streams, rivers and bays, ‘‘(C) SPECIAL RULES.— being used at a qualified facility to produce with devastating effect on the local en- ‘‘(i) In the case of a qualified facility de- electricity, or vironment. Fortunately, scientists in scribed in subparagraph (B)(i)— ‘‘(B) any solid, nonhazardous, cellulosic the United Kingdom have developed a ‘‘(I) the 10-year period referred to in sub- waste material which is segregated from combustion technology that cleanly section (a) shall be treated as beginning no other waste materials and which is derived earlier than the date of the enactment of from— disposes of the waste and produces this paragraph, and ‘‘(i) any of the following forest-related re- clean electricity. While no such plants ‘‘(II) subsection (b)(3) shall not apply to sources: mill residues, precommercial are currently operating in the U.S., any such facility originally placed in service thinnings, slash, and brush, but not includ- state and local authorities in the af- before January 1, 1997. ing old-growth timber, July 12, 1999 CONGRESSIONAL RECORD — SENATE S8271 ‘‘(ii) poultry waste, agreement on such a contentious issue the agreed boundary line, using the Annual ‘‘(iii) urban sources, including waste pal- and ask for the full Senate’s support Survey—1992, Savannah Harbor, as amended lets, crates, and dunnage, manufacturing and for this important and necessary legis- by the Savannah Harbor Deepening Project. construction wood wastes, and landscape or lation. The line was plotted using the Georgia Plane right-of-way tree trimmings, but not includ- Coordinate System. ing unsegregated municipal solid waste (gar- Mr. President, I ask for unanimous May 29, 1996—South Carolina General As- bage) or paper that is commonly recycled, or consent that the following chronology sembly Adopts Agreed Boundary: South ‘‘(iv) agriculture sources, including or- be included in the RECORD. Carolina adopted the agreed boundary line, chard tree crops, vineyard, grain, legumes, There being no objection, the mate- but asked NOAA to covert the Georgia co- sugar, and other crop by-products or resi- rial was ordered to be printed in the ordinates to points of latitude and longitude. dues.’’. RECORD, as follows: November, 1998—Charts assembled: Be- (c) EFFECTIVE DATE.—The amendments cause only three original copies of the 1992 made by this section shall apply to elec- GEORGIA-SOUTH CAROLINA BOR- channel charts were available, a special tricity produced after the date of the enact- DER AGREEMENT FOR THE printing of the color charts was run, with the ment of this Act. LOWER REACHES OF THE SA- Savannah Harbor Deepening Project charts VANNAH RIVER TO THE SEA— bound together. By Mr. COVERDELL (for himself, May 26, 1999—Agreed Boundary Forwarded CHRONOLOGY OF EVENTS for Congressional Approval: The States sub- Mr. THURMOND, Mr. CLELAND, April 28, 1787—The Beaufort Convention: mitted the agreed boundary to the Congress and Mr. HOLLINGS): Under the Articles of Confederation of 1778, for approval as an Interstate Compact pursu- S.J. Res. 29. A joint resolution to South Carolina and Georgia agreed that the ant to the United States Constitution, Arti- grant the consent of Congress to the boundary between the two states would be in cle IV, Section 10, which amends the Beau- boundary change between Georgia and the northern branch of the Savannah River, fort Convention of 1787. South Carolina; to the Committee on reserving all islands in the river to Georgia. f the Judiciary. January 30, 1922—Georgia v. South Caro- ADDITIONAL COSPONSORS GRANTING CONGRESSIONAL CONSENT FOR THE lina (No. 16, Original): The U.S. Supreme GEORGIA-SOUTH CAROLINA INTERSTATE COM- Court held that where there were no islands S. 17 PACT in the boundary rivers, the boundary in on At the request of Mr. DODD, the name Mr. COVERDELL. Mr. President, the water midway between the main banks of the Senator from Arkansas (Mrs. when the water is at ordinary stage. When today I rise to offer a joint resolution there are islands, the boundary is midway LINCOLN) was added as a cosponsor of S. to grant congressional consent to an between the banks of the island and the 17, a bill to increase the availability, Interstate Compact between my state South Carolina shore, with the water at ordi- affordability, and quality of child care. of Georgia and the state of South Caro- nary stage. S. 71 lina which resolves a border dispute June 25, 1990—Georgia v. South Carolina At the request of Ms. SNOWE, the whose origin dates back to the Articles (No. 74, Original): The U.S. Supreme Court name of the Senator from Vermont held that Georgia lost sovereignty over the of Confederation between the two (Mr. LEAHY) was added as a cosponsor Barnwell Islands to South Carolina by acqui- of S. 71, a bill to amend title 38, United states. On June 25, 1990, the Supreme escence, and that the Beaufort Convention Court in Georgia vs. South Carolina did not control new islands that later States Code, to establish a presump- (No. 74, Original) ruled that Georgia emerged in the Savannah River. Accord- tion of service-connection for certain lost sovereignty over the Barnwell Is- ingly, the Court generally adopted the find- veterans with Hepatitis C, and for lands in the Savannah River to South ings (with some exceptions) of its Special other purposes. Carolina. These islands had shifted due Master, Senior Judge Walter E. Hoffman, S. 115 to erosion and accretion since the time with regard to several disputed islands and At the request of Ms. SNOWE, the of the first scientifically accurate sur- the headlands of the river. The Court di- name of the Senator from Minnesota rected the two states to determine the (Mr. WELLSTONE) was added as a co- vey of the area in 1855. The Supreme boundary in accordance with the principles Court further ordered the two states to in its rulings, and to submit the boundary to sponsor of S. 115, a bill to require that determine a new boundary and submit the Court for final approval. health plans provide coverage for a it to the Court for final approval. June 24, 1991—Cooperative Agreement: minimum hospital stay for During the summer of 1993, the two Both states and the National Oceanic and mastectomies and lymph node dissec- states with the assistance of the Na- Atmospheric Administration (NOAA) entered tion for the treatment of breast cancer tional Oceanic and Atmospheric Ad- a cooperative agreement to survey the area and coverage for secondary consulta- ministration (NOAA) reached an agree- and plot the boundary. In order to comply tions. with the requirement that the river be ment on a common boundary. Subse- S. 210 charted as is existed prior to the dredgings quently, the agreement was adopted by and changes in the navigational courses At the request of Mr. MOYNIHAN, the the Georgia General Assembly on April which occurred in the 1880’s, the parties name of the Senator from California 5, 1994, and by the South Carolina Gen- adopted the Special Master’s decision that (Mrs. FEINSTEIN) was added as a co- eral Assembly on May 29, 1996. the main thread of the Savannah River as it sponsor of S. 210, a bill to establish a On May 26, 1999, the agreed boundary existed on the 1855 charts would be used. medical education trust fund, and for was forwarded to Congress for its ap- NOAA flew new aerial surveys of the river other purposes. proval in accordance with the U.S. and plotted the 1855 thread of the river on S. 285 Constitution Article IV, Section 10. the new surveys. Summer, 1993—Joint Meetings and Nego- At the request of Mr. MCCAIN, the This Compact once adopted will amend tiations: After NOAA completed its work, name of the Senator from Arkansas the Beaufort Convention of 1787. the states realized that the course of the (Mrs. LINCOLN) was added as a cospon- With passage of this resolution, river had changed so substantially since 1855 sor of S. 285, a bill to amend title II of granting Congress’ consent to the that using the 1855 thread of the river was the Social Security Act to restore the Georgia-South Carolina Interstate unworkable. Because of recent navigational link between the maximum amount of Compact, Congress will have fulfilled channel deepening efforts by the U.S. Corps earnings by blind individuals permitted its obligation, and the agreed upon of Engineers, Georgia and South Carolina without demonstrating ability to en- boundary will be presented to the Su- agreed to use the northern edge of the ship- gage in substantial gainful activity and ping channel, including any turning basins, preme Court for its final approval and as the primary agreed upon boundary. More the exempt amount permitted in deter- application. I am pleased to have my specifically, the ‘‘new’’ boundary would start mining excess earnings under the earn- colleagues from South Carolina, Sen- from the middle of the river above Penny- ings test. ators THURMOND and HOLLINGS, and my worth Island, between Pennyworth Island S. 424 colleague from Georgia, Senator and the South Carolina shore, and then to At the request of Mr. COVERDELL, the CLELAND, join me in sponsoring this the tidegate and the northern edge of the name of the Senator from Wyoming historic piece of legislation. In this Back River turning basin. After following (Mr. THOMAS) was added as a cosponsor day, where members from both sides of the navigational channel to the buoy nearest of S. 424, a bill to preserve and protect the 3-mile territorial limit, the boundary the aisle are speaking of the need for would then depart eastward along the 104 de- the free choice of individuals and em- more bipartisanship, I would like to gree bearing adopted by the Court. ployees to form, join, or assist labor or- commend these two great states for April 5, 1994—Georgia General Assembly ganizations, or to refrain from such ac- coming together and reaching an Adopts Agreed Boundary: Georgia adopted tivities. S8272 CONGRESSIONAL RECORD — SENATE July 12, 1999 S. 459 S. 761 sor of S. 879, a bill to amend the Inter- At the request of Mr. HATCH, the At the request of Mr. ABRAHAM, the nal Revenue Code of 1986 to provide a name of the Senator from Florida (Mr. name of the Senator from Nebraska shorter recovery period for the depre- MACK) was added as a cosponsor of S. (Mr. HAGEL) was added as a cosponsor ciation of certain leasehold improve- 459, a bill to amend the Internal Rev- of S. 761, a bill to regulate interstate ments enue Code of 1986 to increase the State commerce by electronic means by per- S. 894 ceiling on private activity bonds. mitting and encouraging the continued At the request of Mr. CLELAND, the At the request of Ms. MIKULSKI, her expansion of electronic commerce names of the Senator from Massachu- name was added as a cosponsor of S. through the operation of free market setts (Mr. KENNEDY) and the Senator 459, supra. forces, and for other purposes. from North Dakota (Mr. DORGAN) were S. 472 S. 779 added as cosponsors of S. 894, a bill to At the request of Mr. GRASSLEY, the At the request of Mr. ABRAHAM, the amend title 5, United States Code, to names of the Senator from Montana name of the Senator from Louisiana provide for the establishment of a pro- (Mr. BAUCUS) and the Senator from Ar- (Ms. LANDRIEU) was added as a cospon- gram under which long-term care in- kansas (Mrs. LINCOLN) were added as sor of S. 779, a bill to provide that no surance is made available to Federal cosponsors of S. 472, a bill to amend Federal income tax shall be imposed on employees and annuitants, and for title XVIII of the Social Security Act amounts received by Holocaust victims other purposes. to provide certain medicare bene- or their heirs. S. 897 ficiaries with an exemption to the fi- S. 789 At the request of Mr. ROBB, his name nancial limitations imposed on phys- At the request of Mr. MCCAIN, the was added as a cosponsor of S. 897, a ical, speech-language pathology, and name of the Senator from Massachu- bill to provide matching grants for the occupational therapy services under setts (Mr. KENNEDY) was added as a co- construction, renovation and repair of part B of the medicare program, and sponsor of S. 789, a bill to amend title school facilities in areas affected by for other purposes. 10, United States Code, to authorize Federal activities, and for other pur- S. 484 payment of special compensation to poses. At the request of Mr. CAMPBELL, the certain severely disabled uniformed S. 980 names of the Senator from Alabama services retirees. At the request of Mr. BAUCUS, the (Mr. SHELBY) and the Senator from Ar- S. 800 name of the Senator from Georgia (Mr. kansas (Mrs. LINCOLN) were added as At the request of Mr. MCCAIN, the CLELAND) was added as a cosponsor of cosponsors of S. 484, a bill to provide name of the Senator from Wisconsin S. 980, a bill to promote access to for the granting of refugee status in (Mr. FEINGOLD) was added as a cospon- health care services in rural areas. the United States to nationals of cer- sor of S. 800, a bill to promote and en- S. 984 tain foreign countries in which Amer- hance public safety through the use of At the request of Ms. COLLINS, the ican Vietnam War POW/MIAs or Amer- 9–1–1 as the universal emergency as- name of the Senator from Washington ican Korean War POW/MIAs may be sistance number, further deployment of (Mr. GORTON) was added as a cosponsor present, if those nationals assist in the wireless 9–1–1 service, support of States of S. 984, a bill to amend the Internal return to the United States of those in upgrading 9–1–1 capabilities and re- Revenue Code of 1986 to modify the tax POW/MIAs alive. lated functions, encouragement of con- credit for electricity produced from S. 635 struction and operation of seamless, certain renewable resources. At the request of Mr. MACK, the name ubiquitous, and reliable networks for S. 1003 of the Senator from Connecticut (Mr. personal wireless services, and for At the request of Mr. ROCKEFELLER, DODD) was added as a cosponsor of S. other purposes. the name of the Senator from Massa- 635, a bill to amend the Internal Rev- S. 817 chusetts (Mr. KERRY) was added as a enue Code of 1986 to more accurately At the request of Mrs. BOXER, the cosponsor of S. 1003, a bill to amend the codify the depreciable life of printed names of the Senator from Georgia Internal Revenue Code of 1986 to pro- wiring board and printed wiring assem- (Mr. CLELAND), the Senator from New vide increased tax incentives for the bly equipment. Jersey (Mr. LAUTENBERG), the Senator purchase of alternative fuel and elec- S. 660 from New Jersey (Mr. TORRICELLI), and tric vehicle, and for other purposes. At the request of Mr. BINGAMAN, the the Senator from Washington (Mrs. S. 1010 name of the Senator from Hawaii (Mr. MURRAY) were added as cosponsors of At the request of Mr. JEFFORDS, the INOUYE) was added as a cosponsor of S. S. 817, a bill to improve academic and name of the Senator from Michigan 660, a bill to amend title XVIII of the social outcomes for students and re- (Mr. ABRAHAM) was added as a cospon- Social Security Act to provide for cov- duce both juvenile crime and the risk sor of S. 1010, a bill to amend the Inter- erage under part B of the medicare pro- that youth will become victims of nal Revenue Code of 1986 to provide for gram of medical nutrition therapy crime by providing productive activi- a medical innovation tax credit for services furnished by registered dieti- ties during after school hours. clinical testing research expenses at- tians and nutrition professionals. S. 821 tributable to academic medical centers S. 662 At the request of Mr. LAUTENBERG, and other qualified hospital research At the request of Mr. CHAFEE, the the name of the Senator from Iowa organizations. name of the Senator from North Caro- (Mr. HARKIN) was added as a cosponsor S. 1017 lina (Mr. EDWARDS) was added as a co- of S. 821, a bill to provide for the col- At the request of Mr. MACK, the sponsor of S. 662, a bill to amend title lection of data on traffic stops. names of the Senator from Ohio (Mr. XIX of the Social Security Act to pro- S. 835 DEWINE) and the Senator from Ken- vide medical assistance for certain At the request of Mr. CHAFEE, the tucky (Mr. BUNNING) were added as co- women screened and found to have name of the Senator from Maryland sponsors of S. 1017, a bill to amend the breast or cervical cancer under a feder- (Ms. MIKULSKI) was added as a cospon- Internal Revenue Code of 1986 to in- ally funded screening program. sor of S. 835, a bill to encourage the crease the State ceiling on the low-in- S. 685 restoration of estuary habitat through come housing credit. At the request of Mr. CRAPO, the more efficient project financing and At the request of Ms. MIKULSKI, her name of the Senator from Wyoming enhanced coordination of Federal and name was added as a cosponsor of S. (Mr. ENZI) was added as a cosponsor of non-Federal restoration programs, and 1017, supra. S. 685, a bill to preserve the authority for other purposes. S. 1023 of States over water within their S. 879 At the request of Mr. MOYNIHAN, the boundaries, to delegate to States the At the request of Mr. CONRAD, the names of the Senator from California authority of Congress to regulate name of the Senator from New York (Mrs. FEINSTEIN) and the Senator from water, and for other purposes. (Mr. SCHUMER) was added as a cospon- Minnesota (Mr. WELLSTONE) were added July 12, 1999 CONGRESSIONAL RECORD — SENATE S8273 as cosponsors of S. 1023, a bill to amend retary of the Treasury to mint coins in Massachusetts (Mr. KENNEDY), the Sen- title XVIII of the Social Security Act commemoration of the bicentennial of ator from California (Mrs. BOXER), and to stabilize indirect graduate medical the Lewis and Clark Expedition, and the Senator from Delaware (Mr. ROTH) education payments. for other purposes. were added as cosponsors of Senate S. 1024 S. 1197 Concurrent Resolution 9, a concurrent At the request of Mr. MOYNIHAN, the At the request of Mr. ROTH, the resolution calling for a United States name of the Senator from California names of the Senator from Connecticut effort to end restrictions on the free- (Mrs. FEINSTEIN) was added as a co- (Mr. DODD), the Senator from Mis- doms and human rights of the enclaved sponsor of S. 1024, a bill to amend title sissippi (Mr. COCHRAN), the Senator people in the occupied area of Cyprus. XVIII of the Social Security Act to from Massachusetts (Mr. KENNEDY), SENATE CONCURRENT RESOLUTION 12 carve out from payments to and the Senator from Wyoming (Mr. At the request of Ms. COLLINS, the Medicare+Choice organizations THOMAS) were added as cosponsors of S. name of the Senator from Indiana (Mr. amounts attributable to dispropor- 1197, a bill to prohibit the importation BAYH) was added as a cosponsor of Sen- tionate share hospital payments and of products made with dog or cat fur, ate Concurrent Resolution 12, a concur- pay such amounts directly to those dis- to prohibit the sale, manufacture, offer rent resolution requesting that the proportionate share hospitals in which for sale, transportation, and distribu- United States Postal Service issue a their enrollees receive care. tion of products made with dog or cat commemorative postage stamp hon- S. 1070 fur in the United States, and for other oring the 100th anniversary of the At the request of Mr. BOND, the name purposes. founding of the Veterans of Foreign of the Senator from Utah (Mr. HATCH) S. 1220 Wars of the United States. was added as a cosponsor of S. 1070, a At the request of Mr. GRASSLEY, the SENATE CONCURRENT RESOLUTION 32 bill to require the Secretary of Labor names of the Senator from Ohio (Mr. At the request of Mr. CONRAD, the to wait for completion of a National DEWINE), the Senator from Arizona name of the Senator from New Jersey Academy of Sciences study before pro- (Mr. KYL), the Senator from Wisconsin (Mr. TORRICELLI) was added as a co- mulgating a standard, regulation or (Mr. KOHL), and the Senator from Ne- sponsor of Senate Concurrent Resolu- guideline on ergonomics. braska (Mr. HAGEL) were added as co- tion 32, a concurrent resolution ex- S. 1144 sponsors of S. 1220, a bill to provide ad- pressing the sense of Congress regard- At the request of Mr. VOINOVICH, the ditional funding to combat meth- ing the guaranteed coverage of chiro- names of the Senator from Georgia amphetamine production and abuse, practic services under the (Mr. CLELAND) and the Senator from and for other purposes. Medicare+Choice program. Virginia (Mr. ROBB) were added as co- S. 1227 SENATE CONCURRENT RESOLUTION 34 sponsors of S. 1144, a bill to provide in- At the request of Mr. CHAFEE, the At the request of Mr. SPECTER, the creased flexibility in use of highway name of the Senator from California names of the Senator from Massachu- funding, and for other purposes. (Mrs. FEINSTEIN) was added as a co- setts (Mr. KENNEDY) and the Senator S. 1159 sponsor of S. 1227, a bill to amend title from Michigan (Mr. LEVIN) were added At the request of Mr. STEVENS, the IV of the Personal Responsibility and as cosponsors of Senate Concurrent name of the Senator from Ohio (Mr. Work Opportunity Reconciliation Act Resolution 34, a concurrent resolution DEWINE) was added as a cosponsor of S. of 1996 to provide States with the op- relating to the observence of ‘‘In Mem- 1159, a bill to provide grants and con- tion to allow legal immigrant pregnant ory’’ Day. tracts to local educational agencies to women and children to be eligible for SENATE RESOLUTION 92 initiate, expand, and improve physical medical assistance under the medical At the request of Mrs. BOXER, the education programs for all kinder- program, and for other purposes. name of the Senator from Delaware garten through 12th grade students. S. 1277 (Mr. BIDEN) was added as a cosponsor of S. 1165 At the request of Mr. BAUCUS, the Senate Resolution 92, a resolution ex- At the request of Mr. MACK, the name of the Senator from Massachu- pressing the sense of the Senate that names of the Senator from Wyoming setts (Mr. KENNEDY) was added as a co- funding for prostate cancer research (Mr. THOMAS) and the Senator from sponsor of S. 1277, a bill to amend title should be increased substantially. Colorado (Mr. ALLARD) were added as XIX of the Social Security Act to es- SENATE RESOLUTION 95 cosponsors of S. 1165, a bill to amend tablish a new prospective payment sys- At the request of Mr. THURMOND, the the Internal Revenue Code of 1986 to re- tem for Federally qualified health cen- names of the Senator from Iowa (Mr. peal the limitation on the amount of ters and rural health clinics. GRASSLEY) and the Senator from New receipts attributable to military prop- S. 1313 Hampshire (Mr. GREGG) were added as erty which may be treated as exempt At the request of Mr. CHAFEE, his cosponsors of Senate Resolution 95, a foreign trade income. name was added as a cosponsor of S. resolution designating August 16, 1999, S. 1166 1313, a bill to enable the State of Rhode as ‘‘National Airborne Day.’’ At the request of Mr. NICKLES, the Island to meet the criteria for rec- SENATE RESOLUTION 99 name of the Senator from Wyoming ommendation as an Area of Applica- At the request of Mr. REID, the name (Mr. THOMAS) was added as a cosponsor tion to the Boston-Worcester-Law- of the Senator from Oregon (Mr. of S. 1166, a bill to amend the Internal rence; Massachusetts, New Hampshire, WYDEN) was added as a cosponsor of Revenue Code of 1986 to clarify that Maine, and Connecticut Federal local- Senate Resolution 99, a resolution des- natural gas gathering lines are 7-year ity pay area. ignating November 20, 1999, as ‘‘Na- property for purposes of depreciation. S. 1318 tional Survivors for Prevention of Sui- S. 1185 At the request of Mr. JEFFORDS, the cide Day.’’ At the request of Mr. ABRAHAM, the name of the Senator from California SENATE RESOLUTION 101 name of the Senator from Tennessee (Mrs. BOXER) was added as a cosponsor At the request of Mr. FITZGERALD, (Mr. FRIST) was added as a cosponsor of of S. 1318, a bill to authorize the Sec- the names of the Senator from Idaho S. 1185, a bill to provide small business retary of Housing and Urban Develop- (Mr. CRAPO), the Senator from Min- certain protections from litigation ex- ment to award grants to States to sup- nesota (Mr. GRAMS), the Senator from cesses and to limit the product liabil- plement State and local assistance for Wyoming (Mr. ENZI), the Senator from ity of non-manufacturer product sell- the preservation and promotion of af- Kansas (Mr. BROWNBACK), the Senator ers. fordable housing opportunities for low- from Montana (Mr. BURNS), and the S. 1187 income families. Senator from Mississippi (Mr. COCH- At the request of Mr. DORGAN, the SENATE CONCURRENT RESOLUTION 9 RAN) were added as cosponsors of Sen- name of the Senator from Montana At the request of Ms. SNOWE, the ate Resolution 101, a resolution ex- (Mr. BURNS) was added as a cosponsor names of the Senator from Pennsyl- pressing the sense of the Senate on ag- of S. 1187, a bill to require the Sec- vania (Mr. SPECTER), the Senator from ricultural trade negotiations. S8274 CONGRESSIONAL RECORD — SENATE July 12, 1999 SENATE RESOLUTION 137—TO CON- TITLE I—PATIENTS’ BILL OF RIGHTS ‘‘Sec. 923. Certain provisions with re- GRATULATE THE U.S. WOMEN’S Subtitle A—Right to Advice and Care spect to development, collec- SOCCER TEAM ON WINNING THE Sec. 101. Patient right to medical advice and tion, and dissemination of data. ‘‘Sec. 924. Dissemination of information. 1999 WOMEN’S CUP CHAMPION- care. ‘‘Sec. 925. Additional provisions with re- SHIP ‘‘SUBPART C—PATIENT RIGHT TO MEDICAL spect to grants and contracts. Mr. REID (for himself and Mr. ADVICE AND CARE ‘‘Sec. 926. Certain administrative au- ‘‘Sec. 721. Patient access to emergency thorities. DASCHLE) submitted the following reso- medical care. ‘‘Sec. 927. Funding. lution; which was referred to the Com- ‘‘Sec. 722. Offering of choice of coverage ‘‘Sec. 928. Definitions. mittee on the Judiciary: options. Sec. 303. References. S. RES. 137 ‘‘Sec. 723. Patient access to obstetric TITLE IV—MISCELLANEOUS PROVISIONS Whereas the Americans blanked Germany and gynecological care. Sec. 401. Sense of the Committee. in the second half of the quarter finals, be- ‘‘Sec. 724. Patient access to pediatric TITLE I—PATIENTS’ BILL OF RIGHTS fore winning 3 to 2, shut out Brazil in the care. ‘‘Sec. 725. Access to specialists. Subtitle A—Right to Advice and Care semifinals, 2 to 0, and then stymied China for SEC. 101. PATIENT RIGHT TO MEDICAL ADVICE 120 minutes Saturday, July 10, 1999; ‘‘Sec. 726. Continuity of care. ‘‘Sec. 727. Protection of patient-provider AND CARE. Whereas the Americans outshot China 5–4 (a) IN GENERAL.—Part 7 of subtitle B of on penalty kicks after 120 minutes of regula- communications. ‘‘Sec. 728. Patient’s right to prescription title I of the Employee Retirement Income tion and overtime play ended in a 0–0 tie; Security Act of 1974 (29 U.S.C. 1181 et seq.) is Whereas the United States team played the drugs. ‘‘Sec. 729. Self-payment for behavioral amended— final match through heat, exhaustion and health care services. (1) by redesignating subpart C as subpart tension for 120 minutes, including two sud- ‘‘Sec. 730. Generally applicable provi- D; and den-death 15-minute overtime periods; (2) by inserting after subpart B the fol- Whereas the United States team played be- sion. Sec. 102. Comprehensive independent study lowing: fore a crowd of 90,185, the largest to witness of patient access to clinical a women’s athletic event; ‘‘Subpart C—Patient Right to Medical Advice Whereas Title IX has created the oppor- trials and coverage of associ- and Care tunity for millions of American girls and ated routine costs. ‘‘SEC. 721. PATIENT ACCESS TO EMERGENCY Sec. 103. Effective date and related rules. women to compete in sports; MEDICAL CARE. Whereas the United States becomes the Subtitle B—Right to Information About ‘‘(a) IN GENERAL.—To the extent that the first women’s team to simultaneously reign Plans and Providers group health plan (other than a fully insured as both Olympic and World Cup champions; Sec. 111. Information about plans. group health plan) provides coverage for ben- Whereas five Americans, forward Mia Sec. 112. Information about providers. efits consisting of emergency medical care (as defined in subsection (c)), except for Hamm, midfielder Michelle Akers, goal- Subtitle C—Right to Hold Health Plans items or services specifically excluded— keeper Briana Scurry and defenders Brandi Accountable Chastain and Carla Overbeck, were chosen ‘‘(1) the plan shall provide coverage for Sec. 121. Amendment to Employee Retire- for the elite 1999 Women’s World Cup All- benefits, without requiring preauthorization, ment Income Security Act of Star team; for appropriate emergency medical screening Whereas all the members of the 1999 U.S. 1974. examinations (within the capability of the women’s World Cup team—defenders Brandi TITLE II—GENETIC INFORMATION AND emergency facility, including ancillary serv- Chastain, Christie Pearce, Lorrie Fair, Joy SERVICES ices routinely available to the emergency fa- Fawcett, Carla Overbeck, and Kate Sobrero; Sec. 201. Short title. cility) to the extent that a prudent forwards Danielle Fotopoulos, Mia Hamm, Sec. 202. Amendments to Employee Retire- layperson, who possesses an average knowl- Shannon MacMillan, Cindy Parlow, Kristine ment Income Security Act of edge of health and medicine, would deter- Lilly, and Tiffeny Milbrett; goalkeepers 1974. mine such examinations to be necessary to Tracy Ducar, Briana Scurry, and Saskia Sec. 203. Amendments to the Public Health determine whether emergency medical care Webber; and midfielders Michelle Akers, Service Act. (as so defined) is necessary; and Julie Foudy, Tiffany Roberts, Tisha Sec. 204. Amendments to the Internal Rev- ‘‘(2) the plan shall provide coverage for Venturini, and Sara Whalen;—both on the enue Code of 1986. benefits, without requiring preauthorization, playing field and on the practice field, dem- TITLE III—HEALTHCARE RESEARCH AND for additional emergency medical care to onstrated their devotion to the team and QUALITY stabilize an emergency medical condition played an important part in the team’s suc- following an emergency medical screening Sec. 301. Short title. examination (if determined necessary under cess; Sec. 302. Amendment to the Public Health paragraph (1)), pursuant to the definition of Whereas the Americans will now set their Service Act. sights on defending their Olympic title in stabilize under section 1867(e)(3) of the Social Sydney 2000; ‘‘TITLE IX—AGENCY FOR HEALTHCARE Security Act (42 U.S.C. 1395dd(e)(3)). Resolved, That the Senate congratulates RESEARCH AND QUALITY ‘‘(b) UNIFORM COST-SHARING REQUIRED AND the United States Women’s Soccer Team on ‘‘PART A—ESTABLISHMENT AND GENERAL OUT-OF-NETWORK CARE.— winning the 1999 Women’s World Cup Cham- DUTIES ‘‘(1) UNIFORM COST-SHARING.—Nothing in pionship. ‘‘Sec. 901. Mission and duties. this section shall be construed as preventing f ‘‘Sec. 902. General authorities. a group health plan (other than a fully in- sured group health plan) from imposing any ‘‘PART B—HEALTHCARE IMPROVEMENT AMENDMENTS SUBMITTED form of cost-sharing applicable to any par- RESEARCH ticipant or beneficiary (including coinsur- ‘‘Sec. 911. Healthcare outcome improve- ance, copayments, deductibles, and any PATIENTS’ BILL OF RIGHTS ACT ment research. other charges) in relation to coverage for ‘‘Sec. 912. Private-public partnerships to benefits described in subsection (a), if such improve organization and deliv- form of cost-sharing is uniformly applied DASCHLE AMENDMENT NO. 1232 ery. under such plan, with respect to similarly ‘‘Sec. 913. Information on quality and situated participants and beneficiaries, to all Mr. DASCHLE proposed an amend- cost of care. benefits consisting of emergency medical ment to the bill (S. 1232) to amend the ‘‘Sec. 914. Information systems for care (as defined in subsection (c)) provided to Public Health Service Act, the Em- healthcare improvement. such similarly situated participants and ployee Retirement Income Security ‘‘Sec. 915. Research supporting primary beneficiaries under the plan. care and access in underserved Act of 1974, and the Internal Revenue ‘‘(2) OUT-OF-NETWORK CARE.—If a group areas. Code of 1986 to protect consumers in health plan (other than a fully insured group ‘‘Sec. 916. Clinical practice and tech- health plan) provides any benefits with re- managed care plans and other health nology innovation. coverage; as follows: spect to emergency medical care (as defined ‘‘Sec. 917. Coordination of Federal Gov- in subsection (c)), the plan shall cover emer- Strike all after the enacting clause and in- ernment quality improvement gency medical care under the plan in a man- sert the following: efforts. ner so that, if such care is provided to a par- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘PART C—GENERAL PROVISIONS ticipant or beneficiary by a nonparticipating (a) SHORT TITLE.—This Act may be cited as ‘‘Sec. 921. Advisory Council for health care provider, the participant or bene- the ‘‘Patients’ Bill of Rights Act’’. Healthcare Research and Qual- ficiary is not liable for amounts that exceed (b) TABLE OF CONTENTS.—The table of con- ity. the amounts of liability that would be in- tents for this Act is as follows: ‘‘Sec. 922. Peer review with respect to curred if the services were provided by a par- Sec. 1. Short title; table of contents. grants and contracts. ticipating provider. July 12, 1999 CONGRESSIONAL RECORD — SENATE S8275

‘‘(c) DEFINITION OF EMERGENCY MEDICAL ‘‘(d) RULE OF CONSTRUCTION.—Nothing in ‘‘(1) as waiving any coverage requirement CARE.—In this section: this section shall be construed— relating to medical necessity or appropriate- ‘‘(1) IN GENERAL.—The term ‘emergency ‘‘(1) as requiring coverage for benefits for a ness with respect to the coverage of any pe- medical care’ means, with respect to a par- particular type of health care professional; diatric care provided to, or ordered for, a ticipant or beneficiary under a group health ‘‘(2) as requiring an employer to pay any participant or beneficiary; plan (other than a fully insured group health costs as a result of this section or to make ‘‘(2) to preclude a group health plan from plan), covered inpatient and outpatient serv- equal contributions with respect to different requiring that a specialist described in sub- ices that— health coverage options; section (a) notify the designated primary ‘‘(A) are furnished by any provider, includ- ‘‘(3) as preventing a group health plan care provider or the plan of treatment deci- ing a nonparticipating provider, that is (other than a fully insured group health sions; or qualified to furnish such services; and plan) from imposing higher premiums or ‘‘(3) to preclude a group health plan from ‘‘(B) are needed to evaluate or stabilize (as cost-sharing on a participant for the exercise allowing health care professionals other than such term is defined in section 1867(e)(3) of of a point-of-service coverage option; or physicians to provide routine pediatric care. the Social Security Act (42 U.S.C. ‘‘(4) to require that a group health plan ‘‘SEC. 725. ACCESS TO SPECIALISTS. 1395dd)(e)(3)) an emergency medical condi- (other than a fully insured group health ‘‘(a) IN GENERAL.—A group health plan tion (as defined in paragraph (2)). plan) include coverage of health care profes- (other than a fully insured group health ‘‘(2) EMERGENCY MEDICAL CONDITION.—The sionals that the plan excludes because of plan) shall ensure that participants and term ‘emergency medical condition’ means a fraud, quality of care, or other similar rea- beneficiaries have access to specialty care medical condition manifesting itself by sons with respect to such professionals. when such care is covered under the plan. acute symptoms of sufficient severity (in- ‘‘SEC. 723. PATIENT ACCESS TO OBSTETRIC AND Such access may be provided through con- cluding severe pain) such that a prudent GYNECOLOGICAL CARE. tractual arrangements with specialized pro- layperson, who possesses an average knowl- ‘‘(a) GENERAL RIGHTS.— viders outside of the network of the plan. edge of health and medicine, could reason- ‘‘(1) WAIVER OF PLAN REFERRAL REQUIRE- ‘‘(b) TREATMENT PLANS.— ably expect the absence of immediate med- MENT.—If a group health plan described in ‘‘(1) IN GENERAL.—Nothing in this section ical attention to result in— subsection (b) requires a referral to obtain shall be construed to prohibit a group health ‘‘(A) placing the health of the participant coverage for speciality care, the plan shall plan (other than a fully insured group health or beneficiary (or, with respect to a pregnant waive the referral requirement in the case of plan) from requiring that speciality care be woman, the health of the woman or her un- a female participant or beneficiary who provided pursuant to a treatment plan so born child) in serious jeopardy, seeks coverage for routine obstetrical care long as the treatment plan is— ‘‘(B) serious impairment to bodily func- or routine gynecological care. ‘‘(A) developed by the specialist, in con- tions, or ‘‘(2) RELATED ROUTINE CARE.—With respect sultation with the primary care provider, ‘‘(C) serious dysfunction of any bodily to a participant or beneficiary described in and the participant or beneficiary; organ or part. paragraph (1), a group health plan described ‘‘(B) approved by the plan; and ‘‘SEC. 722. OFFERING OF CHOICE OF COVERAGE in subsection (b) shall treat the ordering of ‘‘(C) in accordance with the applicable OPTIONS. other routine care that is related to routine quality assurance and utilization review ‘‘(a) REQUIREMENT.— obstetric or gynecologic care, by a physician standards of the plan. ‘‘(1) OFFERING OF POINT-OF-SERVICE COV- who specializes in obstetrics and gynecology ‘‘(2) NOTIFICATION.—Nothing in paragraph ERAGE OPTION.—Except as provided in para- as the authorization of the primary care pro- (1) shall be construed as prohibiting a plan graph (2), if a group health plan (other than vider for such other routine care. from requiring the specialist to provide the a fully insured group health plan) provides ‘‘(b) APPLICATION OF SECTION.—A group primary care provider with regular updates coverage for benefits only through a defined health plan described in this subsection is a on the specialty care provided, as well as all set of participating health care profes- group health plan (other than a fully insured other necessary medical information. sionals, the plan shall offer the participant group health plan), that— ‘‘(c) REFERRALS.—Nothing in this section the option to purchase point-of-service cov- ‘‘(1) provides coverage for routine obstetric shall be construed to prohibit a plan from re- erage (as defined in subsection (b)) for all care (such as pregnancy-related services) or quiring an authorization by the primary care such benefits for which coverage is otherwise routine gynecologic care (such as preventive provider of the participant or beneficiary in so limited. Such option shall be made avail- women’s health examinations); and order to obtain coverage for speciality serv- able to the participant at the time of enroll- ‘‘(2) requires the designation by a partici- ices so long as such authorization is for an ment under the plan and at such other times pant or beneficiary of a participating pri- adequate number of referrals under an ap- as the plan offers the participant a choice of mary care provider who is not a physician proved treatment plan if such a treatment coverage options. who specializes in obstetrics or gynecology. plan is required by the plan. ‘‘(2) EXCEPTION IN THE CASE OF MULTIPLE ‘‘(c) RULES OF CONSTRUCTION.—Nothing in ‘‘(d) SPECIALITY CARE DEFINED.—For pur- ISSUER OR COVERAGE OPTIONS.—Paragraph (1) this section shall be construed— poses of this subsection, the term ‘‘speciality shall not apply with respect to a participant ‘‘(1) as waiving any coverage requirement care’’ means, with respect to a condition, in a group health plan (other than a fully in- relating to medical necessity or appropriate- care and treatment provided by a health care sured group health plan) if the plan offers ness with respect to the coverage of obstetric practitioner, facility, or center (such as a the participant 2 or more coverage options or gynecologic care described in subsection center of excellence) that has adequate ex- that differ significantly with respect to the (a); pertise (including age-appropriate expertise) use of participating health care professionals ‘‘(2) to preclude the plan from requiring through appropriate training and experience. or the networks of such professionals that that the physician who specializes in obstet- ‘‘SEC. 726. CONTINUITY OF CARE. are used. rics or gynecology notify the designated pri- ‘‘(a) IN GENERAL.— ‘‘(b) POINT-OF-SERVICE COVERAGE DE- mary care provider or the plan of treatment ‘‘(1) TERMINATION OF PROVIDER.—If a con- FINED.—In this section, the term ‘point-of- decisions; or tract between a group health plan (other service coverage’ means, with respect to ben- ‘‘(3) to preclude a group health plan from than a fully insured group health plan) and a efits covered under a group health plan allowing health care professionals other than health care provider is terminated (as de- (other than a fully insured group health physicians to provide routine obstetric or fined in paragraph (2)), or benefits or cov- plan), coverage of such benefits when pro- routine gynecologic care. erage provided by a health care provider are vided by a nonparticipating health care pro- ‘‘SEC. 724. PATIENT ACCESS TO PEDIATRIC CARE. terminated because of a change in the terms fessional. ‘‘(a) IN GENERAL.—In the case of a group of provider participation in such group ‘‘(c) SMALL EMPLOYER EXEMPTION.— health plan (other than a fully insured group health plan, and an individual who is a par- ‘‘(1) IN GENERAL.—This section shall not health plan) that provides coverage for rou- ticipant or beneficiary in the plan is under- apply to any group health plan (other than a tine pediatric care and that requires the des- going a course of treatment from the pro- fully insured group health plan) of a small ignation by a participant or beneficiary of a vider at the time of such termination, the employer. participating primary care provider, if the plan shall— ‘‘(2) SMALL EMPLOYER.—For purposes of designated primary care provider is not a ‘‘(A) notify the individual on a timely basis paragraph (1), the term ‘small employer’ physician who specializes in pediatrics— of such termination; means, in connection with a group health ‘‘(1) the plan may not require authoriza- ‘‘(B) provide the individual with an oppor- plan (other than a fully insured group health tion or referral by the primary care provider tunity to notify the plan of a need for transi- plan) with respect to a calendar year and a in order for a participant or beneficiary to tional care; and plan year, an employer who employed an av- obtain coverage for routine pediatric care; ‘‘(C) in the case of termination described in erage of at least 2 but not more than 50 em- and paragraph (2), (3), or (4) of subsection (b), and ployees on business days during the pre- ‘‘(2) the plan shall treat the ordering of subject to subsection (c), permit the indi- ceding calendar year and who employs at other routine care related to routine pedi- vidual to continue or be covered with respect least 2 employees on the first day of the plan atric care by such a specialist as having been to the course of treatment with the pro- year. For purposes of this paragraph, the authorized by the designated primary care vider’s consent during a transitional period provisions of subparagraph (C) of section provider. (as provided under subsection (b)). 712(c)(1) shall apply in determining employer ‘‘(b) RULES OF CONSTRUCTION.—Nothing in ‘‘(2) TERMINATED.—In this section, the size. subsection (a) shall be construed— term ‘terminated’ includes, with respect to a S8276 CONGRESSIONAL RECORD — SENATE July 12, 1999 contract, the expiration or nonrenewal of the obtaining prior authorization and providing options, the requirements of this subpart, contract by the group health plan, but does services pursuant to a treatment plan (if other than section 722, shall apply separately not include a termination of the contract by any) approved by the plan. with respect to each coverage option.’’. the plan for failure to meet applicable qual- ‘‘(d) RULE OF CONSTRUCTION.—Nothing in (b) DEFINITION.—Section 733(a) of the Em- ity standards or for fraud. this section shall be construed to require the ployee Retirement Income Security Act of ‘‘(3) CONTRACTS.—For purposes of this sec- coverage of benefits which would not have 1974 (42 U.S.C. 1191(a)) is amended by adding tion, the term ‘contract between a group been covered if the provider involved re- at the end the following: health plan (other than a fully insured group mained a participating provider. ‘‘(3) FULLY INSURED GROUP HEALTH PLAN.— health plan) and a health care provider’ shall ‘‘(e) DEFINITION.—In this section, the term The term ‘fully insured group health plan’ include a contract between such a plan and ‘health care provider’ or ‘provider’ means— means a group health plan where benefits an organized network of providers. ‘‘(1) any individual who is engaged in the under the plan are provided pursuant to the ‘‘(b) TRANSITIONAL PERIOD.— delivery of health care services in a State terms of an arrangement between a group ‘‘(1) GENERAL RULE.—Except as provided in and who is required by State law or regula- health plan and a health insurance issuer paragraph (3), the transitional period under tion to be licensed or certified by the State and are guaranteed by the health insurance this subsection shall permit the participant to engage in the delivery of such services in issuer under a contract or policy of insur- or beneficiary to extend the coverage in- the State; and ance.’’. volved for up to 90 days from the date of the ‘‘(2) any entity that is engaged in the de- (c) CONFORMING AMENDMENT.—The table of notice described in subsection (a)(1)(A) of the livery of health care services in a State and contents in section 1 of such Act is provider’s termination. that, if it is required by State law or regula- amended— ‘‘(2) INSTITUTIONAL CARE.—Subject to para- tion to be licensed or certified by the State (1) in the item relating to subpart C, by graph (1), the transitional period under this to engage in the delivery of such services in striking ‘‘Subpart C’’ and inserting ‘‘Subpart subsection for institutional or inpatient care the State, is so licensed. D’’; and from a provider shall extend until the dis- ‘‘SEC. 727. PROTECTION OF PATIENT-PROVIDER (2) by adding at the end of the items relat- charge or termination of the period of insti- COMMUNICATIONS. ing to subpart B of part 7 of subtitle B of tutionalization and also shall include insti- ‘‘(a) IN GENERAL.—Subject to subsection title I of such Act the following new items: (b), a group health plan (other than a fully tutional care provided within a reasonable ‘‘SUBPART C—PATIENT RIGHT TO MEDICAL time of the date of termination of the pro- insured group health plan and in relation to a participant or beneficiary) shall not pro- ADVICE AND CARE vider status if the care was scheduled before ‘‘Sec. 721. Patient access to emergency med- the date of the announcement of the termi- hibit or otherwise restrict a health care pro- fessional from advising such a participant or ical care. nation of the provider status under sub- ‘‘Sec. 722. Offering of choice of coverage op- beneficiary who is a patient of the profes- section (a)(1)(A) or if the individual on such tions. sional about the health status of the partici- date was on an established waiting list or ‘‘Sec. 723. Patient access to obstetric and pant or beneficiary or medical care or treat- otherwise scheduled to have such care. gynecological care. ment for the condition or disease of the par- ‘‘(3) PREGNANCY.—Notwithstanding para- ‘‘Sec. 724. Patient access to pediatric care. graph (1), if— ticipant or beneficiary, regardless of whether ‘‘Sec. 725. Access to specialists. ‘‘(A) a participant or beneficiary has en- coverage for such care or treatment are pro- ‘‘Sec. 726. Continuity of care. tered the second trimester of pregnancy at vided under the contract, if the professional ‘‘Sec. 727. Protection of patient-provider the time of a provider’s termination of par- is acting within the lawful scope of practice. communications. ‘‘(b) RULE OF CONSTRUCTION.—Nothing in ticipation; and ‘‘Sec. 728. Patient’s right to prescription this section shall be construed as requiring a ‘‘(B) the provider was treating the preg- drugs. group health plan (other than a fully insured nancy before the date of the termination; ‘‘Sec. 729. Self-payment for behavioral health group health plan) to provide specific bene- care services. the transitional period under this subsection fits under the terms of such plan. ‘‘Sec. 730. Generally applicable provisions.’’. with respect to provider’s treatment of the ‘‘SEC. 728. PATIENT’S RIGHT TO PRESCRIPTION pregnancy shall extend through the provi- SEC. 102. COMPREHENSIVE INDEPENDENT STUDY DRUGS. OF PATIENT ACCESS TO CLINICAL sion of post-partum care directly related to ‘‘To the extent that a group health plan TRIALS AND COVERAGE OF ASSOCI- the delivery. (other than a fully insured group health ATED ROUTINE COSTS. ‘‘(4) TERMINAL ILLNESS.—Subject to para- plan) provides coverage for benefits with re- (a) STUDY BY THE INSTITUTE OF MEDICINE.— graph (1), if— spect to prescription drugs, and limits such Not later than 30 days after the date of en- ‘‘(A) a participant or beneficiary was deter- coverage to drugs included in a formulary, actment of this Act, the Secretary of Health mined to be terminally ill (as determined the plan shall— and Human Services (in this section referred under section 1861(dd)(3)(A) of the Social Se- ‘‘(1) ensure the participation of physicians to as the ‘‘Secretary’’) shall enter into a con- curity Act) prior to a provider’s termination and pharmacists in developing and reviewing tract with the Institute of Medicine to con- of participation; and such formulary; and duct a comprehensive study of patient access ‘‘(B) the provider was treating the ter- ‘‘(2) in accordance with the applicable to clinical trials and the coverage of routine minal illness before the date of termination; quality assurance and utilization review patient care costs by private health plans the transitional period under this subsection standards of the plan, provide for exceptions and insurers. shall be for care directly related to the treat- from the formulary limitation when a non- (b) MATTERS TO BE ASSESSED.—The study ment of the terminal illness. formulary alternative is medically necessary shall assess the following: ‘‘(c) PERMISSIBLE TERMS AND CONDITIONS.— and appropriate. (1) The factors that hinder patient partici- A group health plan (other than a fully in- ‘‘SEC. 729. SELF-PAYMENT FOR BEHAVIORAL pation in clinical trials, including health sured group health plan) may condition cov- HEALTH CARE SERVICES. plan and insurance policies and practices. erage of continued treatment by a provider ‘‘(a) IN GENERAL.—A group health plan (2) The ability of health plans and inves- under subsection (a)(1)(C) upon the provider (other than a fully insured group health tigators to distinguish between routine pa- agreeing to the following terms and condi- plan) may not— tient care costs and costs associated with tions: ‘‘(1) prohibit or otherwise discourage a par- clinical trials. ‘‘(1) The provider agrees to accept reim- ticipant or beneficiary from self-paying for (3) The potential impact of health plan bursement from the plan and individual in- behavioral health care services once the plan coverage of routine costs associated with volved (with respect to cost-sharing) at the has denied coverage for such services; or clinical trials on health care premiums. rates applicable prior to the start of the ‘‘(2) terminate a health care provider be- (c) REPORT.— transitional period as payment in full (or at cause such provider permits participants or (1) IN GENERAL.—Not later than 12 months the rates applicable under the replacement beneficiaries to self-pay for behavioral after the date of the execution of the con- plan after the date of the termination of the health care services— tract referred to in subsection (a), the Insti- contract with the group health plan) and not ‘‘(A) that are not otherwise covered under tute of Medicine shall submit a report on the to impose cost-sharing with respect to the the plan; or study conducted pursuant to that contract individual in an amount that would exceed ‘‘(B) for which the group health plan pro- to the Committee on Health, Education, the cost-sharing that could have been im- vides limited coverage, to the extent that Labor and Pensions of the Senate. posed if the contract referred to in sub- the group health plan denies coverage of the (2) MATTERS INCLUDED.—The report sub- section (a)(1) had not been terminated. services. mitted under paragraph (1) shall set forth ‘‘(2) The provider agrees to adhere to the ‘‘(b) RULE OF CONSTRUCTION.—Nothing in the findings, conclusions, and recommenda- quality assurance standards of the plan re- subsection (a)(2)(B) shall be construed as tions of the Institute of Medicine for— sponsible for payment under paragraph (1) prohibiting a group health plan from termi- (A) increasing patient participation in and to provide to such plan necessary med- nating a contract with a health care provider clinical trials; ical information related to the care pro- for failure to meet applicable quality stand- (B) encouraging collaboration between the vided. ards or for fraud. public and private sectors; and ‘‘(3) The provider agrees otherwise to ad- ‘‘SEC. 730. GENERALLY APPLICABLE PROVISION. (C) improving analysis of determining rou- here to such plan’s policies and procedures, ‘‘In the case of a group health plan that tine costs associated with the conduct of including procedures regarding referrals and provides benefits under 2 or more coverage clinical trials. July 12, 1999 CONGRESSIONAL RECORD — SENATE S8277

(3) COPY TO SECRETARY.—Concurrent with ‘‘(3) A description of any optional supple- graph shall not be construed as requiring the submission of the report under paragraph mental benefits offered by each such plan plans to provide information concerning pro- (1), the Institute of Medicine shall transmit and the terms and conditions (including pre- prietary payment methodology. a copy of the report to the Secretary. miums or cost-sharing) for such supple- ‘‘(D) A summary description of the proce- (d) FUNDING.—Out of funds appropriated to mental coverage. dures used for utilization review. the Department of Health and Human Serv- ‘‘(4) A description of any restrictions on ‘‘(E) The list of the specific prescription ices for fiscal year 2000, the Secretary shall payments for services furnished to a partici- medications included in the formulary of the provide for such funding as the Secretary de- pant or beneficiary by a health care profes- plan, if the plan uses a defined formulary. termines is necessary in order to carry out sional that is not a participating profes- ‘‘(F) A description of the specific exclu- the study and report by the Institute of Med- sional and the liability of the participant or sions from coverage under the plan. icine under this section. beneficiary for additional payments for these ‘‘(G) Any available information related to SEC. 103. EFFECTIVE DATE AND RELATED RULES. services. the availability of translation or interpreta- (a) IN GENERAL.—The amendments made by ‘‘(5) A description of the service area of tion services for non-English speakers and this subtitle shall apply with respect to plan each such plan, including the provision of people with communication disabilities, in- years beginning on or after January 1 of the any out-of-area coverage. cluding the availability of audio tapes or in- second calendar year following the date of ‘‘(6) A description of the extent to which formation in Braille. the enactment of this Act. The Secretary participants and beneficiaries may select the ‘‘(H) Any information that is made public shall issue all regulations necessary to carry primary care provider of their choice, includ- by accrediting organizations in the process out the amendments made by this section ing providers both within the network and of accreditation if the plan is accredited, or before the effective date thereof. outside the network of each such plan (if the any additional quality indicators that the (b) LIMITATION ON ENFORCEMENT ACTIONS.— plan permits out-of-network services). plan makes available. No enforcement action shall be taken, pursu- ‘‘(7) A description of the procedures for ad- ‘‘(c) MANNER OF DISTRIBUTION.—The infor- ant to the amendments made by this sub- vance directives and organ donation deci- mation described in this section shall be dis- title, against a group health plan with re- sions if the plan maintains such procedures. tributed in an accessible format that is un- spect to a violation of a requirement im- ‘‘(8) A description of the requirements and derstandable to an average plan participant posed by such amendments before the date of procedures to be used to obtain or beneficiary. issuance of regulations issued in connection preauthorization for health services (includ- ‘‘(d) RULE OF CONSTRUCTION.—Nothing in with such requirement, if the plan has ing telephone numbers and mailing address- this section may be construed to prohibit a sought to comply in good faith with such re- es), including referrals for specialty care. group health plan, or health insurance issuer quirement. ‘‘(9) A description of the definition of med- in connection with group health insurance ical necessity used in making coverage de- Subtitle B—Right to Information About Plans coverage, from distributing any other addi- terminations by each such plan. and Providers tional information determined by the plan or ‘‘(10) A summary of the rules and methods issuer to be important or necessary in assist- SEC. 111. INFORMATION ABOUT PLANS. for appealing coverage decisions and filing ing participants and beneficiaries or upon re- (a) EMPLOYEE RETIREMENT INCOME SECU- grievances (including telephone numbers and quest potential participants and bene- RITY ACT OF 1974.— mailing addresses), as well as other available ficiaries in the selection of a health plan or (1) IN GENERAL.—Subpart B of part 7 of sub- remedies. from providing information under subsection title B of title I of the Employee Retirement ‘‘(11) A summary description of any provi- (b)(15) as part of the required information. Income Security Act of 1974, as amended by sions for obtaining off-formulary medica- ‘‘(e) CONFORMING REGULATIONS.—The Sec- the Omnibus Consolidated and Emergency tions if the plan utilizes a defined formulary retary shall issue regulations to coordinate Supplemental Appropriations Act, 1999 (Pub- for providing specific prescription medica- the requirements on group health plans and lic Law 105–277), is amended by adding at the tions. health insurance issuers under this section end the following: ‘‘(12) A summary of the rules for access to with the requirements imposed under part 1, ‘‘SEC. 714. HEALTH PLAN COMPARATIVE INFOR- emergency room care. Also, any available to reduce duplication with respect to any in- MATION. educational material regarding proper use of formation that is required to be provided ‘‘(a) REQUIREMENT.— emergency services. under any such requirements. ‘‘(1) IN GENERAL.—A group health plan, and ‘‘(13) A description of whether or not cov- ‘‘(f) HEALTH CARE PROFESSIONAL.—In this a health insurance issuer that provides cov- erage is provided for experimental treat- section, the term ‘health care professional’ erage in connection with group health insur- ments, investigational treatments, or clin- means a physician (as defined in section ance coverage, shall, not later than 12 ical trials and the circumstances under 1861(r) of the Social Security Act) or other months after the date of enactment of this which access to such treatments or trials is health care professional if coverage for the section, and at least annually thereafter, made available. professional’s services is provided under the provide for the disclosure, in a clear and ac- ‘‘(14) A description of the specific preventa- health plan involved for the services of the curate form to each participant and each tive services covered under the plan if such professional. Such term includes a podia- beneficiary who does not reside at the same services are covered. trist, optometrist, chiropractor, psycholo- address as the participant, or upon request ‘‘(15) A statement regarding— gist, dentist, physician assistant, physical or to an individual eligible for coverage under ‘‘(A) the manner in which a participant or occupational therapist and therapy assist- the plan, of the information described in sub- beneficiary may access an obstetrician, gyn- ant, speech-language pathologist, audiol- section (b). ecologist, or pediatrician in accordance with ogist, registered or licensed practical nurse ‘‘(2) RULE OF CONSTRUCTION.—Nothing in section 723 or 724; and (including nurse practitioner, clinical nurse this section shall be construed to prevent a ‘‘(B) the manner in which a participant or specialist, certified registered nurse anes- plan or issuer from entering into any agree- beneficiary obtains continuity of care as pro- thetist, and certified nurse-midwife), li- ment under which the issuer agrees to as- vided for in section 726. censed certified social worker, registered sume responsibility for compliance with the ‘‘(16) A statement that the following infor- respiratory therapist, and certified res- requirements of this section and the plan is mation, and instructions on obtaining such piratory therapy technician.’’. information (including telephone numbers released from liability for such compliance. (2) CONFORMING AMENDMENTS.— ‘‘(3) PROVISION OF INFORMATION.—Informa- and, if available, Internet websites), shall be (A) Section 732(a) of the Employee Retire- tion shall be provided to participants and made available upon request: ment Income Security Act of 1974 (29 U.S.C. beneficiaries under this section at the ad- ‘‘(A) The names, addresses, telephone num- 1191a(a)) is amended by striking ‘‘section 711, dress maintained by the plan or issuer with bers, and State licensure status of the plan’s and inserting ‘‘sections 711 and 714’’. respect to such participants or beneficiaries. participating health care professionals and (B) The table of contents in section 1 of the ‘‘(b) REQUIRED INFORMATION.—The informa- participating health care facilities, and, if Employee Retirement Income Security Act tional materials to be distributed under this available, the education, training, speciality of 1974 (29 U.S.C. 1001) is amended by insert- section shall include for each package option qualifications or certifications of such pro- ing after the item relating to section 713, the available under a group health plan the fol- fessionals. following: lowing: ‘‘(B) A summary description of the meth- ‘‘Sec. 714. Health plan comparative in- ‘‘(1) A description of the covered items and ods used for compensating participating formation.’’. services under each such plan and any in- health care professionals, such as capitation, (b) INTERNAL REVENUE CODE OF 1986.—Sub- and out-of-network features of each such fee-for-service, salary, or a combination chapter B of chapter 100 of the Internal Rev- plan, including a summary description of the thereof. The requirement of this subpara- enue Code of 1986 is amended— specific exclusions from coverage under the graph shall not be construed as requiring (1) in the table of sections, by inserting plan. plans to provide information concerning pro- after the item relating to section 9812 the ‘‘(2) A description of any cost-sharing, in- prietary payment methodology. following new item: cluding premiums, deductibles, coinsurance, ‘‘(C) A summary description of the meth- and copayment amounts, for which the par- ods used for compensating health care facili- ‘‘Sec. 9813. Health plan comparative infor- ticipant or beneficiary will be responsible, ties, including per diem, fee-for-service, capi- mation.’’; and including any annual or lifetime limits on tation, bundled payments, or a combination (2) by inserting after section 9812 the fol- benefits, for each such plan. thereof. The requirement of this subpara- lowing: S8278 CONGRESSIONAL RECORD — SENATE July 12, 1999 ‘‘SEC. 9813. HEALTH PLAN COMPARATIVE INFOR- ‘‘(13) A description of whether or not cov- occupational therapist and therapy assist- MATION. erage is provided for experimental treat- ant, speech-language pathologist, audiol- ‘‘(a) REQUIREMENT.— ments, investigational treatments, or clin- ogist, registered or licensed practical nurse ‘‘(1) IN GENERAL.—A group health plan ical trials and the circumstances under (including nurse practitioner, clinical nurse shall, not later than 12 months after the date which access to such treatments or trials is specialist, certified registered nurse anes- of enactment of this section, and at least an- made available. thetist, and certified nurse-midwife), li- nually thereafter, provide for the disclosure, ‘‘(14) A description of the specific preventa- censed certified social worker, registered in a clear and accurate form to each partici- tive services covered under the plan if such respiratory therapist, and certified res- pant and each beneficiary who does not re- services are covered. piratory therapy technician.’’. side at the same address as the participant, ‘‘(15) A statement regarding— SEC. 112. INFORMATION ABOUT PROVIDERS. or upon request to an individual eligible for ‘‘(A) the manner in which a participant or (a) STUDY.—The Secretary of Health and coverage under the plan, of the information beneficiary may access an obstetrician, gyn- Human Services shall enter into a contract described in subsection (b). ecologist, or pediatrician in accordance with with the Institute of Medicine for the con- ‘‘(2) RULES OF CONSTRUCTION.—Nothing in section 723 or 724; and duct of a study, and the submission to the this section shall be construed to prevent a ‘‘(B) the manner in which a participant or Secretary of a report, that includes— plan from entering into any agreement under beneficiary obtains continuity of care as pro- (1) an analysis of information concerning which a health insurance issuer agrees to as- vided for in section 726. health care professionals that is currently sume responsibility for compliance with the ‘‘(16) A statement that the following infor- available to patients, consumers, States, and requirements of this section and the plan is mation, and instructions on obtaining such professional societies, nationally and on a released from liability for such compliance. information (including telephone numbers State-by-State basis, including patient pref- ‘‘(3) PROVISION OF INFORMATION.—Informa- and, if available, Internet websites), shall be erences with respect to information about tion shall be provided to participants and made available upon request: such professionals and their competencies; beneficiaries under this section at the ad- ‘‘(A) The names, addresses, telephone num- (2) an evaluation of the legal and other dress maintained by the plan with respect to bers, and State licensure status of the plan’s barriers to the sharing of information con- such participants or beneficiaries. participating health care professionals and cerning health care professionals; and ‘‘(b) REQUIRED INFORMATION.—The informa- (3) recommendations for the disclosure of tional materials to be distributed under this participating health care facilities, and, if available, the education, training, speciality information on health care professionals, in- section shall include for each package option cluding the competencies and professional available under a group health plan the fol- qualifications or certifications of such pro- qualifications of such practitioners, to better lowing: fessionals. facilitate patient choice, quality improve- ‘‘(1) A description of the covered items and ‘‘(B) A summary description of the meth- ment, and market competition. services under each such plan and any in- ods used for compensating participating (b) REPORT.—Not later than 18 months and out-of-network features of each such health care professionals, such as capitation, fee-for-service, salary, or a combination after the date of enactment of this Act, the plan, including a summary description of the Secretary of Health and Human Services specific exclusions from coverage under the thereof. The requirement of this subpara- graph shall not be construed as requiring shall forward to the appropriate committees plan. of Congress a copy of the report and study plans to provide information concerning pro- ‘‘(2) A description of any cost-sharing, in- conducted under subsection (a). cluding premiums, deductibles, coinsurance, prietary payment methodology. Subtitle C—Right to Hold Health Plans and copayment amounts, for which the par- ‘‘(C) A summary description of the meth- Accountable ticipant or beneficiary will be responsible, ods used for compensating health care facili- including any annual or lifetime limits on ties, including per diem, fee-for-service, capi- SEC. 121. AMENDMENT TO EMPLOYEE RETIRE- tation, bundled payments, or a combination MENT INCOME SECURITY ACT OF benefits, for each such plan. 1974. ‘‘(3) A description of any optional supple- thereof. The requirement of this subpara- graph shall not be construed as requiring (a) IN GENERAL.—Section 503 of the Em- mental benefits offered by each such plan ployee Retirement Income Security Act of and the terms and conditions (including pre- plans to provide information concerning pro- prietary payment methodology. 1974 (29 U.S.C. 1133) is amended to read as fol- miums or cost-sharing) for such supple- lows: mental coverage. ‘‘(D) A summary description of the proce- ‘‘SEC. 503. CLAIMS PROCEDURE, COVERAGE DE- ‘‘(4) A description of any restrictions on dures used for utilization review. ‘‘(E) The list of the specific prescription TERMINATION, GRIEVANCES AND payments for services furnished to a partici- APPEALS. medications included in the formulary of the pant or beneficiary by a health care profes- ‘‘(a) CLAIMS PROCEDURE.—In accordance sional that is not a participating profes- plan, if the plan uses a defined formulary. with regulations of the Secretary, every em- sional and the liability of the participant or ‘‘(F) A description of the specific exclu- ployee benefit plan shall— beneficiary for additional payments for these sions from coverage under the plan. ‘‘(1) provide adequate notice in writing to services. ‘‘(G) Any available information related to any participant or beneficiary whose claim ‘‘(5) A description of the service area of the availability of translation or interpreta- for benefits under the plan has been denied, each such plan, including the provision of tion services for non-English speakers and setting forth the specific reasons for such de- any out-of-area coverage. people with communication disabilities, in- nial, written in a manner calculated to be ‘‘(6) A description of the extent to which cluding the availability of audio tapes or in- understood by the participant; and participants and beneficiaries may select the formation in Braille. ‘‘(2) afford a reasonable opportunity to any primary care provider of their choice, includ- ‘‘(H) Any information that is made public participant whose claim for benefits has ing providers both within the network and by accrediting organizations in the process been denied for a full and fair review by the outside the network of each such plan (if the of accreditation if the plan is accredited, or appropriate named fiduciary of the decision plan permits out-of-network services). any additional quality indicators that the denying the claim. ‘‘(7) A description of the procedures for ad- plan makes available. ‘‘(b) COVERAGE DETERMINATIONS UNDER vance directives and organ donation deci- ‘‘(c) MANNER OF DISTRIBUTION.—The infor- GROUP HEALTH PLANS.— mation described in this section shall be dis- sions if the plan maintains such procedures. ‘‘(1) PROCEDURES.— tributed in an accessible format that is un- ‘‘(8) A description of the requirements and ‘‘(A) IN GENERAL.—A group health plan or procedures to be used to obtain derstandable to an average plan participant health insurance issuer conducting utiliza- or beneficiary. preauthorization for health services (includ- tion review shall ensure that procedures are ‘‘(d) RULE OF CONSTRUCTION.—Nothing in ing telephone numbers and mailing address- this section may be construed to prohibit a in place for— es), including referrals for specialty care. group health plan from distributing any ‘‘(i) making determinations regarding ‘‘(9) A description of the definition of med- other additional information determined by whether a participant or beneficiary is eligi- ical necessity used in making coverage de- the plan to be important or necessary in as- ble to receive a payment or coverage for terminations by each such plan. sisting participants and beneficiaries or upon health services under the plan or coverage ‘‘(10) A summary of the rules and methods request potential participants and bene- involved and any cost-sharing amount that for appealing coverage decisions and filing ficiaries in the selection of a health plan or the participant or beneficiary is required to grievances (including telephone numbers and from providing information under subsection pay with respect to such service; mailing addresses), as well as other available (b)(15) as part of the required information. ‘‘(ii) notifying a covered participant or remedies. ‘‘(e) HEALTH CARE PROFESSIONAL.—In this beneficiary (or the authorized representative ‘‘(11) A summary description of any provi- section, the term ‘health care professional’ of such participant or beneficiary) and the sions for obtaining off-formulary medica- means a physician (as defined in section treating health care professionals involved tions if the plan utilizes a defined formulary 1861(r) of the Social Security Act) or other regarding determinations made under the for providing specific prescription medica- health care professional if coverage for the plan or issuer and any additional payments tions. professional’s services is provided under the that the participant or beneficiary may be ‘‘(12) A summary of the rules for access to health plan involved for the services of the required to make with respect to such serv- emergency room care. Also, any available professional. Such term includes a podia- ice; and educational material regarding proper use of trist, optometrist, chiropractor, psycholo- ‘‘(iii) responding to requests, either writ- emergency services. gist, dentist, physician assistant, physical or ten or oral, for coverage determinations or July 12, 1999 CONGRESSIONAL RECORD — SENATE S8279 for internal appeals from a participant or under paragraph (2)(C) to certify or deny cov- ments of this section and the plan is released beneficiary (or the authorized representative erage of an extended stay or additional serv- from liability for such compliance. of such participant or beneficiary) or the ices, the plan or issuer shall issue notice of ‘‘(3) ROUTINE DETERMINATIONS.—A group treating health care professional with the such determination to the treating health health plan or a health insurance issuer shall consent of the participant or beneficiary. care professional and to the participant or complete the consideration of an appeal of ‘‘(B) ORAL REQUESTS.—With respect to an beneficiary involved (or the authorized rep- an adverse routine determination under this oral request described in subparagraph resentative of the participant or beneficiary) subsection not later than 30 working days (A)(iii), a group health plan or health insur- within 1 working day of the determination. after the date on which a request for such ap- ance issuer may require that the requesting ‘‘(D) RETROSPECTIVE REVIEWS.—With re- peal is received. individual provide written evidence of such spect to the retrospective review under a ‘‘(4) EXPEDITED DETERMINATION.— request. plan or issuer of a determination made under ‘‘(A) IN GENERAL.—An expedited determina- ‘‘(2) TIMELINE FOR MAKING DETERMINA- paragraph (2)(D), the plan or issuer shall tion with respect to an appeal under this TIONS.— issue written notice of an approval or dis- subsection shall be made in accordance with ‘‘(A) ROUTINE DETERMINATION.—A group approval of a determination under this sub- the medical exigencies of the case, but in no health plan or a health insurance issuer shall paragraph to the participant or beneficiary case more than 72 hours after the request for maintain procedures to ensure that prior au- (or the authorized representative of the par- such appeal is received by the plan or issuer thorization determinations concerning the ticipant or beneficiary) and health care pro- under subparagraph (B) or (C). provision of non-emergency items or services vider involved within 5 working days of the ‘‘(B) REQUEST BY PARTICIPANT OR BENE- are made within 30 days from the date on date on which such determination is made. FICIARY.—A plan or issuer shall maintain which the request for a determination is sub- ‘‘(E) REQUIREMENTS OF NOTICE OF ADVERSE procedures for expediting a prior authoriza- mitted, except that such period may be ex- COVERAGE DETERMINATIONS.—A written no- tion determination under this subsection tended where certain circumstances exist tice of an adverse coverage determination upon the request of a participant or bene- that are determined by the Secretary to be under this subsection, or of an expedited ad- ficiary if, based on such a request, the plan beyond control of the plan or issuer. verse coverage determination under para- or issuer determines that the normal time ‘‘(B) EXPEDITED DETERMINATION.— graph (2)(B), shall be provided to the partici- for making such a determination could seri- ‘‘(i) IN GENERAL.—A prior authorization de- pant or beneficiary (or the authorized rep- ously jeopardize the life or health of the par- termination under this subsection shall be resentative of the participant or beneficiary) ticipant or beneficiary. made within 72 hours, in accordance with the and treating health care professional (if any) ‘‘(C) DOCUMENTATION BY HEALTH CARE PRO- medical exigencies of the case, after a re- involved and shall include— FESSIONAL.—A plan or issuer shall maintain quest is received by the plan or issuer under ‘‘(i) the reasons for the determination (in- procedures for expediting a prior authoriza- clause (ii) or (iii). cluding the clinical or scientific-evidence tion determination under this subsection if ‘‘(ii) REQUEST BY PARTICIPANT OR BENE- based rationale used in making the deter- the request involved indicates that the treat- FICIARY.—A plan or issuer shall maintain mination) written in a manner to be under- ing health care professional has reasonably procedures for expediting a prior authoriza- standable to the average participant or bene- documented, based on the medical exigencies tion determination under this subsection ficiary; of the case that a determination under the upon the request of a participant or bene- ‘‘(ii) the procedures for obtaining addi- procedures described in paragraph (2) could ficiary if, based on such a request, the plan tional information concerning the deter- seriously jeopardize the life or health of the or issuer determines that the normal time mination; and participant or beneficiary. for making such a determination could seri- ‘‘(iii) notification of the right to appeal the ‘‘(5) CONDUCT OF REVIEW.—A review of an ously jeopardize the life or health of the par- determination and instructions on how to adverse coverage determination under this ticipant or beneficiary. initiate an appeal in accordance with sub- subsection shall be conducted by an indi- ‘‘(iii) DOCUMENTATION BY HEALTH CARE PRO- section (d). vidual with appropriate expertise who was FESSIONAL.—A plan or issuer shall maintain ‘‘(c) GRIEVANCES.—A group health plan or a not directly involved in the initial deter- procedures for expediting a prior authoriza- health insurance issuer shall have written mination. tion determination under this subsection if procedures for addressing grievances be- ‘‘(6) LACK OF MEDICAL NECESSITY.—A review the request involved indicates that the treat- tween the plan or issuer offering health in- of an appeal under this subsection relating ing health care professional has reasonably surance coverage in connection with a group to a determination to deny coverage based documented, based on the medical exigen- health plan and a participant or beneficiary. on a lack of medical necessity and appro- cies, that a determination under the proce- Determinations under such procedures shall priateness, or based on an experimental or dures described in subparagraph (A) could se- be non-appealable. investigational treatment, shall be made riously jeopardize the life or health of the ‘‘(d) INTERNAL APPEAL OF COVERAGE DETER- only by a physician with appropriate exper- participant or beneficiary. MINATIONS.— tise, including age-appropriate expertise, ‘‘(C) CONCURRENT DETERMINATIONS.—A plan ‘‘(1) RIGHT TO APPEAL.— who was not involved in the initial deter- or issuer shall maintain procedures to cer- ‘‘(A) IN GENERAL.—A participant or bene- mination. tify or deny coverage of an extended stay or ficiary (or the authorized representative of ‘‘(7) NOTICE.— additional services. the participant or beneficiary) or the treat- ‘‘(A) IN GENERAL.—Written notice of a de- ‘‘(D) RETROSPECTIVE DETERMINATION.—A ing health care professional with the consent termination made under an internal review plan or issuer shall maintain procedures to of the participant or beneficiary (or the au- process shall be issued to the participant or ensure that, with respect to the retrospec- thorized representative of the participant or beneficiary (or the authorized representative tive review of a determination made under beneficiary), may appeal any adverse cov- of the participant or beneficiary) and the paragraph (1), the determination shall be erage determination under subsection (b) treating health care professional not later made within 30 working days of the date on under the procedures described in this sub- than 2 working days after the completion of which the plan or issuer receives necessary section. the review (or within the 72-hour period re- information. ‘‘(B) TIME FOR APPEAL.—A plan or issuer ferred to in paragraph (4) if applicable). ‘‘(3) NOTICE OF DETERMINATIONS.— shall ensure that a participant or beneficiary ‘‘(B) ADVERSE COVERAGE DETERMINATIONS.— ‘‘(A) ROUTINE DETERMINATION.—With re- has a period of not less than 180 days begin- With respect to an adverse coverage deter- spect to a coverage determination of a plan ning on the date of an adverse coverage de- mination made under this subsection, the or issuer under paragraph (2)(A), the plan or termination under subsection (b) in which to notice described in subparagraph (A) shall issuer shall issue notice of such determina- appeal such determination under this sub- include— tion to the participant or beneficiary (or the section. ‘‘(i) the reasons for the determination (in- authorized representative of the participant ‘‘(C) FAILURE TO ACT.—The failure of a plan cluding the clinical or scientific-evidence or beneficiary) and, consistent with the med- or issuer to issue a determination under sub- based rationale used in making the deter- ical exigencies of the case, to the treating section (b) within the applicable timeline es- mination) written in a manner to be under- health care professional involved not later tablished for such a determination under standable to the average participant or bene- than 2 working days after the date on which such subsection shall be treated as an ad- ficiary; the determination is made. verse coverage determination for purposes of ‘‘(ii) the procedures for obtaining addi- ‘‘(B) EXPEDITED DETERMINATION.—With re- proceeding to internal review under this sub- tional information concerning the deter- spect to a coverage determination of a plan section. mination; and or issuer under paragraph (2)(B), the plan or ‘‘(2) RECORDS.—A group health plan and a ‘‘(iii) notification of the right to an inde- issuer shall issue notice of such determina- health insurance issuer shall maintain writ- pendent external review under subsection (e) tion to the participant or beneficiary (or the ten records, for at least 6 years, with respect and instructions on how to initiate such a re- authorized representative of the participant to any appeal under this subsection for pur- view. or beneficiary), and consistent with the med- poses of internal quality assurance and im- ‘‘(e) INDEPENDENT EXTERNAL REVIEW.— ical exigencies of the case, to the treating provement. Nothing in the preceding sen- ‘‘(1) ACCESS TO REVIEW.— health care professional involved within the tence shall be construed as preventing a plan ‘‘(A) IN GENERAL.—A group health plan or a 72 hour period described in paragraph (2)(B). and issuer from entering into an agreement health insurance issuer offering health insur- ‘‘(C) CONCURRENT REVIEWS.—With respect under which the issuer agrees to assume re- ance coverage in connection with a group to the determination under a plan or issuer sponsibility for compliance with the require- health plan shall have written procedures to S8280 CONGRESSIONAL RECORD — SENATE July 12, 1999 permit a participant or beneficiary (or the eficiary) and the plan administrator, indi- issuer, patient or patient’s physician; the pa- authorized representative of the participant cating that an independent external review tient’s medical record; expert consensus; and or beneficiary) access to an independent ex- has been initiated. medical literature as defined in section 556(5) ternal review with respect to an adverse cov- ‘‘(3) CONDUCT OF INDEPENDENT EXTERNAL of the Federal Food, Drug, and Cosmetic Act. erage determination concerning a particular REVIEW.— ‘‘(B) NOTICE.—The plan or issuer involved item or service (including a circumstance ‘‘(A) DESIGNATION OF EXTERNAL APPEALS shall ensure that the participant or bene- treated as an adverse coverage determina- ENTITY BY PLAN OR ISSUER.— ficiary receives notice, within 30 days after tion under subparagraph (B)) where— ‘‘(i) IN GENERAL.—A plan or issuer that re- the determination of the independent med- ‘‘(i) the particular item or service ceives a request for an independent external ical expert, regarding the actions of the plan involved— review under paragraph (2)(A) shall designate or issuer with respect to the determination ‘‘(I)(aa) would be a covered benefit, when a qualified entity described in clause (ii), in of such expert under the independent exter- medically necessary and appropriate under a manner designed to ensure that the entity nal review. the terms and conditions of the plan, and the so designated will make a decision in an un- ‘‘(5) TIMEFRAME FOR REVIEW.— item or service has been determined not to biased manner, to serve as the external ap- ‘‘(A) IN GENERAL.—The independent exter- be medically necessary and appropriate peals entity. nal reviewer shall complete a review of an under the internal appeals process required ‘‘(ii) QUALIFIED ENTITIES.—A qualified enti- adverse coverage determination in accord- under subsection (d) or there has been a fail- ty shall be— ance with the medical exigencies of the case. ure to issue a coverage determination as de- ‘‘(I) an independent external review entity ‘‘(B) LIMITATION.—Notwithstanding sub- scribed in subparagraph (B); and licensed or credentialed by a State; paragraph (A), a review described in such ‘‘(bb)(AA) the amount of such item or serv- ‘‘(II) a State agency established for the subparagraph shall be completed not later ice involved exceeds a significant financial purpose of conducting independent external than 30 working days after the later of— threshold; or reviews; ‘‘(i) the date on which such reviewer is des- ‘‘(BB) there is a significant risk of placing ‘‘(III) any entity under contract with the ignated; or the life or health of the participant or bene- Federal Government to provide independent ‘‘(ii) the date on which all information nec- ficiary in jeopardy; or external review services; essary to completing such review is received. ‘‘(II) would be a covered benefit, when not ‘‘(IV) any entity accredited as an inde- ‘‘(6) BINDING DETERMINATION.—The deter- considered experimental or investigational pendent external review entity by an accred- mination of an independent external re- under the terms and conditions of the plan, iting body recognized by the Secretary for viewer under this subsection shall be binding and the item or service has been determined such purpose; or upon the plan or issuer if the provisions of to be experimental or investigational under ‘‘(V) any other entity meeting criteria es- this subsection or the procedures imple- the internal appeals process required under tablished by the Secretary for purposes of mented under such provisions were complied subsection (d) or there has been a failure to this subparagraph. with by the independent external reviewer. issue a coverage determination as described ‘‘(B) DESIGNATION OF INDEPENDENT EXTER- ‘‘(7) STUDY.—Not later than 2 years after in subparagraph (B); and NAL REVIEWER BY EXTERNAL APPEALS ENTI- the date of enactment of this section, the ‘‘(ii) the participant or beneficiary has TY.—The external appeals entity designated General Accounting Office shall conduct a completed the internal appeals process under under subparagraph (A) shall, not later than study of a statistically appropriate sample of subsection (d) with respect to such deter- 30 days after the date on which such entity completed independent external reviews. mination. is designated under subparagraph (A), or ear- Such study shall include an assessment of ‘‘(B) FAILURE TO ACT.—The failure of a plan lier in accordance with the medical exigen- the process involved during an independent or issuer to issue a coverage determination cies of the case, designate one or more indi- external review and the basis of decision- under subsection (d)(6) within the applicable viduals to serve as independent external re- making by the independent external re- timeline established for such a determina- viewers with respect to a request received viewer. The results of such study shall be tion under such subsection shall be treated under paragraph (2)(A). Such reviewers shall submitted to the appropriate committees of as an adverse coverage determination for be independent medical experts who shall— Congress. purposes of proceeding to independent exter- ‘‘(i) be appropriately credentialed or li- ‘‘(8) EFFECT ON CERTAIN PROVISIONS.—Noth- nal review under this subsection. censed in any State to deliver health care ing in this section shall be construed as af- ‘‘(2) INITIATION OF THE INDEPENDENT EXTER- services; fecting or modifying section 514 of this Act NAL REVIEW PROCESS.— ‘‘(ii) not have any material, professional, with respect to a group health plan. ‘‘(A) FILING OF REQUEST.—A participant or familial, or financial affiliation with the ‘‘(f) RULE OF CONSTRUCTION.—Nothing in beneficiary (or the authorized representative case under review, the participant or bene- this section shall be construed to prohibit a of the participant or beneficiary) who desires ficiary involved, the treating health care plan administrator or plan fiduciary or to have an independent external review con- professional, the institution where the treat- health plan medical director from requesting ducted under this subsection shall file a ment would take place, or the manufacturer an independent external review by an inde- written request for such a review with the of any drug, device, procedure, or other ther- pendent external reviewer without first com- plan or issuer involved not later than 30 apy proposed for the participant or bene- pleting the internal review process. working days after the receipt of a final de- ficiary whose treatment is under review; ‘‘(g) DEFINITIONS.—In this section: nial of a claim under subsection (d). Any ‘‘(iii) have expertise (including age-appro- ‘‘(1) ADVERSE COVERAGE DETERMINATION.— such request shall include the consent of the priate expertise) in the diagnosis or treat- The term ‘adverse coverage determination’ participant or beneficiary (or the authorized ment under review and, when reasonably means a coverage determination under the representative of the participant or bene- available, be of the same specialty as the plan which results in a denial of coverage or ficiary) for the release of medical informa- physician treating the participant or bene- reimbursement. tion and records to independent external re- ficiary or recommending or prescribing the ‘‘(2) COVERAGE DETERMINATION.—The term viewers regarding the participant or bene- treatment in question; ‘coverage determination’ means with respect ficiary. ‘‘(iv) receive only reasonable and cus- to items and services for which coverage ‘‘(B) INFORMATION AND NOTICE.—Not later tomary compensation from the group health may be provided under a health plan, a de- than 5 working days after the receipt of a re- plan or health insurance issuer in connection termination of whether or not such items quest under subparagraph (A), or earlier in with the independent external review that is and services are covered or reimbursable accordance with the medical exigencies of not contingent on the decision rendered by under the coverage and terms of the con- the case, the plan or issuer involved shall se- the reviewer; and tract. lect an external appeals entity under para- ‘‘(v) not be held liable for decisions regard- ‘‘(3) GRIEVANCE.—The term ‘grievance’ graph (3)(A) that shall be responsible for des- ing medical determinations (but may be held means any complaint made by a participant ignating an independent external reviewer liable for actions that are arbitrary and ca- or beneficiary that does not involve a cov- under paragraph (3)(B). pricious). erage determination. ‘‘(C) PROVISION OF INFORMATION.—The plan ‘‘(4) STANDARD OF REVIEW.— ‘‘(4) GROUP HEALTH PLAN.—The term ‘group or issuer involved shall forward necessary in- ‘‘(A) IN GENERAL.—An independent external health plan’ shall have the meaning given formation (including medical records, any reviewer shall— such term in section 733(a). In applying this relevant review criteria, the clinical ration- ‘‘(i) make an independent determination paragraph, excepted benefits described in ale consistent with the terms and conditions based on the valid, relevant, scientific and section 733(c) shall not be treated as benefits of the contract between the plan or issuer clinical evidence to determine the medical consisting of medical care. and the participant or beneficiary for the necessity, appropriateness, experimental or ‘‘(5) HEALTH INSURANCE COVERAGE.—The coverage denial, and evidence of the cov- investigational nature of the proposed treat- term ‘health insurance coverage’ has the erage of the participant or beneficiary) to ment; and meaning given such term in section 733(b)(1). the independent external reviewer selected ‘‘(ii) take into consideration appropriate In applying this paragraph, excepted benefits under paragraph (3)(B). and available information, including any evi- described in section 733(c) shall not be treat- ‘‘(D) NOTIFICATION.—The plan or issuer in- dence-based decision making or clinical ed as benefits consisting of medical care. volved shall send a written notification to practice guidelines used by the group health ‘‘(6) HEALTH INSURANCE ISSUER.—The term the participant or beneficiary (or the author- plan or health insurance issuer; timely evi- ‘health insurance issuer’ has the meaning ized representative of the participant or ben- dence or information submitted by the plan, given such term in section 733(b)(2). July 12, 1999 CONGRESSIONAL RECORD — SENATE S8281

‘‘(7) PRIOR AUTHORIZATION DETERMINA- dictive genetic information concerning any ‘‘(ii) the procedures established by the plan TION.—The term ‘prior authorization deter- individual (including a dependent) or family or issuer for the exercise of the individual’s mination’ means a coverage determination member of the individual (including informa- rights; and prior to the provision of the items and serv- tion about a request for or receipt of genetic ‘‘(iii) the right to obtain a copy of the no- ices as a condition of coverage of the items services).’’. tice of the confidentiality practices required and services under the coverage. (3) CONFORMING AMENDMENTS.— under this subsection. ‘‘(8) TREATING HEALTH CARE PROFES- (A) IN GENERAL.—Section 702(b) of the Em- ‘‘(B) MODEL NOTICE.—The Secretary, in SIONAL.—The term ‘treating health care pro- ployee Retirement Income Security Act of consultation with the National Committee fessional’ with respect to a group health 1974 (29 U.S.C. 1182(b)) is amended by adding on Vital and Health Statistics and the Na- plan, health insurance issuer or provider at the end the following: tional Association of Insurance Commis- sponsored organization means a physician ‘‘(3) REFERENCE TO RELATED PROVISION.— sioners, and after notice and opportunity for (medical doctor or doctor of osteopathy) or For a provision prohibiting the adjustment public comment, shall develop and dissemi- other health care practitioner who is acting of premium or contribution amounts for a nate model notices of confidentiality prac- within the scope of his or her State licensure group under a group health plan on the basis tices. Use of the model notice shall serve as or certification for the delivery of health of predictive genetic information (including a defense against claims of receiving inap- care services and who is primarily respon- information about a request for or receipt of propriate notice. sible for delivering those services to the par- genetic services), see section 715.’’. ‘‘(2) ESTABLISHMENT OF SAFEGUARDS.—A ticipant or beneficiary. (B) TABLE OF CONTENTS.—The table of con- group health plan, or a health insurance ‘‘(9) UTILIZATION REVIEW.—The term ‘utili- tents in section 1 of the Employee Retire- issuer offering health insurance coverage in zation review’ with respect to a group health ment Income Security Act of 1974, as amend- connection with a group health plan, shall plan or health insurance coverage means a ed by section 111(a), is further amended by establish and maintain appropriate adminis- set of formal techniques designed to monitor inserting after the item relating to section trative, technical, and physical safeguards to the use of, or evaluate the clinical necessity, 714 the following new item: protect the confidentiality, security, accu- appropriateness, efficacy, or efficiency of, racy, and integrity of predictive genetic in- ‘‘Sec. 715. Prohibiting premium discrimina- health care services, procedures, or settings. formation created, received, obtained, main- tion against groups on the basis Techniques may include ambulatory review, tained, used, transmitted, or disposed of by of predictive genetic informa- prospective review, second opinion, certifi- such plan or issuer.’’. tion.’’. cation, concurrent review, case manage- (c) DEFINITIONS.—Section 733(d) of the Em- (b) LIMITATION ON COLLECTION OF PRE- ment, discharge planning or retrospective re- ployee Retirement Income Security Act of DICTIVE GENETIC INFORMATION.—Section 702 view.’’ 1974 (29 U.S.C. 1191b(d)) is amended by adding of the Employee Retirement Income Secu- (b) ENFORCEMENT.—Section 502(c)(1) of the at the end the following: rity Act of 1974 (29 U.S.C. 1182) is amended by Employee Retirement Income Security Act ‘‘(5) FAMILY MEMBER.—The term ‘family adding at the end the following: of 1974 (29 U.S.C. 1132(c)(1)) is amended by in- member’ means with respect to an serting after ‘‘or section 101(e)(1)’’ the fol- ‘‘(c) COLLECTION OF PREDICTIVE GENETIC IN- individual— lowing: ‘‘, or fails to comply with a coverage FORMATION.— ‘‘(A) the spouse of the individual; determination as required under section ‘‘(1) LIMITATION ON REQUESTING OR REQUIR- ‘‘(B) a dependent child of the individual, 503(e)(6),’’. ING PREDICTIVE GENETIC INFORMATION.—Ex- including a child who is born to or placed for (c) CONFORMING AMENDMENT.—The table of cept as provided in paragraph (2), a group adoption with the individual; and contents in section 1 of the Employee Retire- health plan, or a health insurance issuer of- ‘‘(C) all other individuals related by blood ment Income Security Act of 1974 is amended fering health insurance coverage in connec- to the individual or the spouse or child de- by striking the item relating to section 503 tion with a group health plan, shall not re- scribed in subparagraph (A) or (B). and inserting the following new item: quest or require predictive genetic informa- ‘‘(6) GENETIC INFORMATION.—The term ‘ge- ‘‘Sec. 503. Claims procedures, coverage deter- tion concerning any individual (including a netic information’ means information about mination, grievances and ap- dependent) or family member of the indi- genes, gene products, or inherited character- peals.’’. vidual (including information about a re- istics that may derive from an individual or (d) EFFECTIVE DATE.—The amendments quest for or receipt of genetic services). a family member (including information made by this section shall apply with respect ‘‘(2) INFORMATION NEEDED FOR DIAGNOSIS, about a request for or receipt of genetic serv- to plan years beginning on or after 1 year TREATMENT, OR PAYMENT.— ices). after the date of enactment of this Act. The ‘‘(A) IN GENERAL.—Notwithstanding para- ‘‘(7) GENETIC SERVICES.—The term ‘genetic Secretary shall issue all regulations nec- graph (1), a group health plan, or a health in- services’ means health services provided to essary to carry out the amendments made by surance issuer offering health insurance cov- obtain, assess, or interpret genetic informa- this section before the effective date thereof. erage in connection with a group health tion for diagnostic and therapeutic purposes, TITLE II—GENETIC INFORMATION AND plan, that provides health care items and and for genetic education and counseling. SERVICES services to an individual or dependent may ‘‘(8) PREDICTIVE GENETIC INFORMATION.— request (but may not require) that such indi- SEC. 201. SHORT TITLE. ‘‘(A) IN GENERAL.—The term ‘predictive ge- vidual or dependent disclose, or authorize This title may be cited as the ‘‘Genetic In- netic information’ means, in the absence of the collection or disclosure of, predictive ge- formation Nondiscrimination in Health In- symptoms, clinical signs, or a diagnosis of netic information for purposes of diagnosis, surance Act of 1999’’. the condition related to such information— treatment, or payment relating to the provi- ‘‘(i) information about an individual’s ge- SEC. 202. AMENDMENTS TO EMPLOYEE RETIRE- sion of health care items and services to netic tests; MENT INCOME SECURITY ACT OF such individual or dependent. 1974. ‘‘(ii) information about genetic tests of ‘‘(B) NOTICE OF CONFIDENTIALITY PRACTICES (a) PROHIBITION OF HEALTH DISCRIMINATION family members of the individual; or AND DESCRIPTION OF SAFEGUARDS.—As a part ON THE BASIS OF GENETIC INFORMATION OR GE- ‘‘(iii) information about the occurrence of of a request under subparagraph (A), the NETIC SERVICES.— a disease or disorder in family members. group health plan, or a health insurance (1) NO ENROLLMENT RESTRICTION FOR GE- ‘‘(B) EXCEPTIONS.—The term ‘predictive ge- issuer offering health insurance coverage in NETIC SERVICES.—Section 702(a)(1)(F) of the netic information’ shall not include— connection with a group health plan, shall Employee Retirement Income Security Act ‘‘(i) information about the sex or age of the provide to the individual or dependent a de- of 1974 (29 U.S.C. 1182(a)(1)(F)) is amended by individual; scription of the procedures in place to safe- inserting before the period the following: ‘‘(ii) information derived from physical guard the confidentiality, as described in ‘‘(including information about a request for tests, such as the chemical, blood, or urine subsection (d), of such predictive genetic in- or receipt of genetic services)’’. analyses of the individual including choles- formation. (2) NO DISCRIMINATION IN GROUP PREMIUMS terol tests; and BASED ON PREDICTIVE GENETIC INFORMATION.— ‘‘(d) CONFIDENTIALITY WITH RESPECT TO ‘‘(iii) information about physical exams of Subpart B of part 7 of subtitle B of title I of PREDICTIVE GENETIC INFORMATION.— the individual. the Employee Retirement Income Security ‘‘(1) NOTICE OF CONFIDENTIALITY PRAC- ‘‘(9) GENETIC TEST.—The term ‘genetic test’ Act of 1974, as amended by section 111(a), is TICES.— means the analysis of human DNA, RNA, further amended by adding at the end the ‘‘(A) PREPARATION OF WRITTEN NOTICE.—A chromosomes, proteins, and certain metabo- following: group health plan, or a health insurance lites, including analysis of genotypes, ‘‘SEC. 715. PROHIBITING PREMIUM DISCRIMINA- issuer offering health insurance coverage in mutations, phenotypes, or karyotypes, for TION AGAINST GROUPS ON THE connection with a group health plan, shall the purpose of predicting risk of disease in BASIS OF PREDICTIVE GENETIC IN- post or provide, in writing and in a clear and asymptomatic or undiagnosed individuals. FORMATION. conspicuous manner, notice of the plan or Such term does not include physical tests, ‘‘A group health plan, or a health insur- issuer’s confidentiality practices, that shall such as the chemical, blood, or urine anal- ance issuer offering group health insurance include— yses of the individual including cholesterol coverage in connection with a group health ‘‘(i) a description of an individual’s rights tests, and physical exams of the individual, plan, shall not adjust premium or contribu- with respect to predictive genetic informa- in order to detect symptoms, clinical signs, tion amounts for a group on the basis of pre- tion; or a diagnosis of disease.’’. S8282 CONGRESSIONAL RECORD — SENATE July 12, 1999

(d) EFFECTIVE DATE.—Except as provided in of a request under subparagraph (A), the ‘‘(B) EXCEPTIONS.—The term ‘predictive ge- this section, this section and the amend- group health plan, or a health insurance netic information’ shall not include— ments made by this section shall apply with issuer offering health insurance coverage in ‘‘(i) information about the sex or age of the respect to group health plans for plan years connection with a group health plan, shall individual; beginning 1 year after the date of the enact- provide to the individual or dependent a de- ‘‘(ii) information derived from physical ment of this Act. scription of the procedures in place to safe- tests, such as the chemical, blood, or urine SEC. 203. AMENDMENTS TO THE PUBLIC HEALTH guard the confidentiality, as described in analyses of the individual including choles- SERVICE ACT. subsection (d), of such predictive genetic in- terol tests; and (a) AMENDMENTS RELATING TO THE GROUP formation. ‘‘(iii) information about physical exams of MARKET.— ‘‘(d) CONFIDENTIALITY WITH RESPECT TO the individual. (1) PROHIBITION OF HEALTH DISCRIMINATION PREDICTIVE GENETIC INFORMATION.— ‘‘(19) GENETIC TEST.—The term ‘genetic ON THE BASIS OF GENETIC INFORMATION IN THE ‘‘(1) NOTICE OF CONFIDENTIALITY PRAC- test’ means the analysis of human DNA, GROUP MARKET.— TICES.— RNA, chromosomes, proteins, and certain (A) NO ENROLLMENT RESTRICTION FOR GE- ‘‘(A) PREPARATION OF WRITTEN NOTICE.—A metabolites, including analysis of genotypes, NETIC SERVICES.—Section 2702(a)(1)(F) of the group health plan, or a health insurance mutations, phenotypes, or karyotypes, for Public Health Service Act (42 U.S.C. 300gg– issuer offering health insurance coverage in the purpose of predicting risk of disease in 1(a)(1)(F)) is amended by inserting before the connection with a group health plan, shall asymptomatic or undiagnosed individuals. period the following: ‘‘(including informa- post or provide, in writing and in a clear and Such term does not include physical tests, tion about a request for or receipt of genetic conspicuous manner, notice of the plan or such as the chemical, blood, or urine anal- services)’’. issuer’s confidentiality practices, that shall yses of the individual including cholesterol (B) NO DISCRIMINATION IN PREMIUMS BASED include— tests, and physical exams of the individual, ON PREDICTIVE GENETIC INFORMATION.—Sub- ‘‘(i) a description of an individual’s rights in order to detect symptoms, clinical signs, part 2 of part A of title XXVII of the Public with respect to predictive genetic informa- or a diagnosis of disease.’’. Health Service Act, as amended by the Om- tion; (b) AMENDMENT RELATING TO THE INDI- nibus Consolidated and Emergency Supple- ‘‘(ii) the procedures established by the plan VIDUAL MARKET.—The first subpart 3 of part mental Appropriations Act, 1999 (Public Law or issuer for the exercise of the individual’s B of title XXVII of the Public Health Service 105–277), is amended by adding at the end the rights; and Act (42 U.S.C. 300gg–51 et seq.) (relating to following new section: ‘‘(iii) the right to obtain a copy of the no- other requirements), as amended by the Om- tice of the confidentiality practices required ‘‘SEC. 2707. PROHIBITING PREMIUM DISCRIMINA- nibus Consolidated and Emergency Supple- TION AGAINST GROUPS ON THE under this subsection. mental Appropriations Act, 1999 (Public Law BASIS OF PREDICTIVE GENETIC IN- ‘‘(B) MODEL NOTICE.—The Secretary, in 105-277) is amended— FORMATION IN THE GROUP MAR- consultation with the National Committee KET. (1) by redesignating such subpart as sub- on Vital and Health Statistics and the Na- ‘‘A group health plan, or a health insur- tional Association of Insurance Commis- part 2; and ance issuer offering group health insurance sioners, and after notice and opportunity for (2) by adding at the end the following: coverage in connection with a group health public comment, shall develop and dissemi- ‘‘SEC. 2753. PROHIBITION OF HEALTH DISCRIMI- plan shall not adjust premium or contribu- nate model notices of confidentiality prac- NATION ON THE BASIS OF PRE- tion amounts for a group on the basis of pre- tices. Use of the model notice shall serve as DICTIVE GENETIC INFORMATION. dictive genetic information concerning any a defense against claims of receiving inap- ‘‘(a) PROHIBITION ON PREDICTIVE GENETIC individual (including a dependent) or family propriate notice. INFORMATION AS A CONDITION OF ELIGI- member of the individual (including informa- ‘‘(2) ESTABLISHMENT OF SAFEGUARDS.—A BILITY.—A health insurance issuer offering tion about a request for or receipt of genetic health insurance coverage in the individual services).’’. group health plan, or a health insurance issuer offering health insurance coverage in market may not use predictive genetic infor- (C) CONFORMING AMENDMENT.—Section mation as a condition of eligibility of an in- 2702(b) of the Public Health Service Act (42 connection with a group health plan, shall establish and maintain appropriate adminis- dividual to enroll in individual health insur- U.S.C. 300gg–1(b)) is amended by adding at ance coverage (including information about the end the following: trative, technical, and physical safeguards to protect the confidentiality, security, accu- a request for or receipt of genetic services). ‘‘(3) REFERENCE TO RELATED PROVISION.— ‘‘(b) PROHIBITION ON PREDICTIVE GENETIC For a provision prohibiting the adjustment racy, and integrity of predictive genetic in- INFORMATION IN SETTING PREMIUM RATES.—A of premium or contribution amounts for a formation created, received, obtained, main- health insurance issuer offering health insur- group under a group health plan on the basis tained, used, transmitted, or disposed of by ance coverage in the individual market shall of predictive genetic information (including such plan or issuer.’’. not adjust premium rates for individuals on information about a request for or receipt of (2) DEFINITIONS.—Section 2791(d) of the the basis of predictive genetic information genetic services), see section 2707.’’. Public Health Service Act (42 U.S.C. 300gg– 91(d)) is amended by adding at the end the concerning such an individual (including a (D) LIMITATION ON COLLECTION AND DISCLO- following: dependent) or a family member of the indi- SURE OF PREDICTIVE GENETIC INFORMATION.— Section 2702 of the Public Health Service Act ‘‘(15) FAMILY MEMBER.—The term ‘family vidual (including information about a re- (42 U.S.C. 300gg–1) is amended by adding at member’ means, with respect to an quest for or receipt of genetic services). the end the following: individual— ‘‘(c) COLLECTION OF PREDICTIVE GENETIC IN- ‘‘(c) COLLECTION OF PREDICTIVE GENETIC IN- ‘‘(A) the spouse of the individual; FORMATION.— FORMATION.— ‘‘(B) a dependent child of the individual, ‘‘(1) LIMITATION ON REQUESTING OR REQUIR- ‘‘(1) LIMITATION ON REQUESTING OR REQUIR- including a child who is born to or placed for ING PREDICTIVE GENETIC INFORMATION.—Ex- ING PREDICTIVE GENETIC INFORMATION.—Ex- adoption with the individual; and cept as provided in paragraph (2), a health cept as provided in paragraph (2), a group ‘‘(C) all other individuals related by blood insurance issuer offering health insurance health plan, or a health insurance issuer of- to the individual or the spouse or child de- coverage in the individual market shall not fering health insurance coverage in connec- scribed in subparagraph (A) or (B). request or require predictive genetic infor- tion with a group health plan, shall not re- ‘‘(16) GENETIC INFORMATION.—The term ‘ge- mation concerning any individual (including quest or require predictive genetic informa- netic information’ means information about a dependent) or a family member of the indi- tion concerning any individual (including a genes, gene products, or inherited character- vidual (including information about a re- dependent) or a family member of the indi- istics that may derive from an individual or quest for or receipt of genetic services). vidual (including information about a re- a family member (including information ‘‘(2) INFORMATION NEEDED FOR DIAGNOSIS, quest for or receipt of genetic services). about a request for or receipt of genetic serv- TREATMENT, OR PAYMENT.— ‘‘(2) INFORMATION NEEDED FOR DIAGNOSIS, ices). ‘‘(A) IN GENERAL.—Notwithstanding para- TREATMENT, OR PAYMENT.— ‘‘(17) GENETIC SERVICES.—The term ‘genetic graph (1), a health insurance issuer offering ‘‘(A) IN GENERAL.—Notwithstanding para- services’ means health services provided to health insurance coverage in the individual graph (1), a group health plan, or a health in- obtain, assess, or interpret genetic informa- market that provides health care items and surance issuer offering health insurance cov- tion for diagnostic and therapeutic purposes, services to an individual or dependent may erage in connection with a group health and for genetic education and counseling. request (but may not require) that such indi- plan, that provides health care items and ‘‘(18) PREDICTIVE GENETIC INFORMATION.— vidual or dependent disclose, or authorize services to an individual or dependent may ‘‘(A) IN GENERAL.—The term ‘predictive ge- the collection or disclosure of, predictive ge- request (but may not require) that such indi- netic information’ means, in the absence of netic information for purposes of diagnosis, vidual or dependent disclose, or authorize symptoms, clinical signs, or a diagnosis of treatment, or payment relating to the provi- the collection or disclosure of, predictive ge- the condition related to such information— sion of health care items and services to netic information for purposes of diagnosis, ‘‘(i) information about an individual’s ge- such individual or dependent. treatment, or payment relating to the provi- netic tests; ‘‘(B) NOTICE OF CONFIDENTIALITY PRACTICES sion of health care items and services to ‘‘(ii) information about genetic tests of AND DESCRIPTION OF SAFEGUARDS.—As a part such individual or dependent. family members of the individual; or of a request under subparagraph (A), the ‘‘(B) NOTICE OF CONFIDENTIALITY PRACTICES ‘‘(iii) information about the occurrence of health insurance issuer offering health insur- AND DESCRIPTION OF SAFEGUARDS.—As a part a disease or disorder in family members. ance coverage in the individual market shall July 12, 1999 CONGRESSIONAL RECORD — SENATE S8283

provide to the individual or dependent a de- ‘‘(3) REFERENCE TO RELATED PROVISION.— (c) DEFINITIONS.—Section 9832(d) of the In- scription of the procedures in place to safe- For a provision prohibiting the adjustment ternal Revenue Code of 1986 is amended by guard the confidentiality, as described in of premium or contribution amounts for a adding at the end the following: subsection (d), of such predictive genetic in- group under a group health plan on the basis ‘‘(6) FAMILY MEMBER.—The term ‘family formation. of predictive genetic information (including member’ means, with respect to an ‘‘(d) CONFIDENTIALITY WITH RESPECT TO information about a request for or the re- individual— PREDICTIVE GENETIC INFORMATION.— ceipt of genetic services), see section 9814.’’. ‘‘(A) the spouse of the individual; ‘‘(1) NOTICE OF CONFIDENTIALITY PRAC- (C) AMENDMENT TO TABLE OF SECTIONS.— ‘‘(B) a dependent child of the individual, TICES.— The table of sections for subchapter B of including a child who is born to or placed for ‘‘(A) PREPARATION OF WRITTEN NOTICE.—A chapter 100 of the Internal Revenue Code of adoption with the individual; and health insurance issuer offering health insur- 1986, as amended by section 111(b), is further ‘‘(C) all other individuals related by blood ance coverage in the individual market shall amended by adding at the end the following: to the individual or the spouse or child de- post or provide, in writing and in a clear and ‘‘Sec. 9814. Prohibiting premium discrimina- scribed in subparagraph (A) or (B). conspicuous manner, notice of the issuer’s tion against groups on the basis ‘‘(7) GENETIC INFORMATION.—The term ‘ge- confidentiality practices, that shall of predictive genetic informa- netic information’ means information about include— tion.’’. genes, gene products, or inherited character- ‘‘(i) a description of an individual’s rights (b) LIMITATION ON COLLECTION OF PRE- istics that may derive from an individual or with respect to predictive genetic informa- DICTIVE GENETIC INFORMATION.—Section 9802 a family member (including information tion; of the Internal Revenue Code of 1986 is about a request for or receipt of genetic serv- ‘‘(ii) the procedures established by the amended by adding at the end the following: ices). issuer for the exercise of the individual’s ‘‘(d) COLLECTION OF PREDICTIVE GENETIC IN- ‘‘(8) GENETIC SERVICES.—The term ‘genetic rights; and FORMATION.— services’ means health services provided to ‘‘(iii) the right to obtain a copy of the no- ‘‘(1) LIMITATION ON REQUESTING OR REQUIR- obtain, assess, or interpret genetic informa- tice of the confidentiality practices required ING PREDICTIVE GENETIC INFORMATION.—Ex- tion for diagnostic and therapeutic purposes, under this subsection. cept as provided in paragraph (2), a group and for genetic education and counseling. ‘‘(B) MODEL NOTICE.—The Secretary, in health plan shall not request or require pre- ‘‘(9) PREDICTIVE GENETIC INFORMATION.— consultation with the National Committee dictive genetic information concerning any ‘‘(A) IN GENERAL.—The term ‘predictive ge- on Vital and Health Statistics and the Na- individual (including a dependent) or a fam- netic information’ means, in the absence of tional Association of Insurance Commis- ily member of the individual (including in- symptoms, clinical signs, or a diagnosis of sioners, and after notice and opportunity for formation about a request for or receipt of the condition related to such information— public comment, shall develop and dissemi- genetic services). ‘‘(i) information about an individual’s ge- nate model notices of confidentiality prac- ‘‘(2) INFORMATION NEEDED FOR DIAGNOSIS, netic tests; tices. Use of the model notice shall serve as TREATMENT, OR PAYMENT.— ‘‘(ii) information about genetic tests of a defense against claims of receiving inap- ‘‘(A) IN GENERAL.—Notwithstanding para- family members of the individual; or propriate notice. graph (1), a group health plan that provides ‘‘(iii) information about the occurrence of ‘‘(2) ESTABLISHMENT OF SAFEGUARDS.—A health care items and services to an indi- a disease or disorder in family members. health insurance issuer offering health insur- vidual or dependent may request (but may ‘‘(B) EXCEPTIONS.—The term ‘predictive ge- ance coverage in the individual market shall not require) that such individual or depend- netic information’ shall not include— establish and maintain appropriate adminis- ent disclose, or authorize the collection or ‘‘(i) information about the sex or age of the trative, technical, and physical safeguards to disclosure of, predictive genetic information individual; protect the confidentiality, security, accu- for purposes of diagnosis, treatment, or pay- ‘‘(ii) information derived from physical racy, and integrity of predictive genetic in- ment relating to the provision of health care tests, such as the chemical, blood, or urine formation created, received, obtained, main- items and services to such individual or de- tained, used, transmitted, or disposed of by pendent. analyses of the individual including choles- terol tests; and such issuer.’’. ‘‘(B) NOTICE OF CONFIDENTIALITY PRACTICES; ‘‘(iii) information about physical exams of (c) EFFECTIVE DATE.—The amendments DESCRIPTION OF SAFEGUARDS.—As a part of a made by this section shall apply with respect request under subparagraph (A), the group the individual. to— health plan shall provide to the individual or ‘‘(10) GENETIC TEST.—The term ‘genetic (1) group health plans, and health insur- dependent a description of the procedures in test’ means the analysis of human DNA, ance coverage offered in connection with place to safeguard the confidentiality, as de- RNA, chromosomes, proteins, and certain group health plans, for plan years beginning scribed in subsection (e), of such predictive metabolites, including analysis of genotypes, after 1 year after the date of enactment of genetic information. mutations, phenotypes, or karyotypes, for this Act; and ‘‘(e) CONFIDENTIALITY WITH RESPECT TO the purpose of predicting risk of disease in (2) health insurance coverage offered, sold, PREDICTIVE GENETIC INFORMATION.— asymptomatic or undiagnosed individuals. issued, renewed, in effect, or operated in the ‘‘(1) NOTICE OF CONFIDENTIALITY PRAC- Such term does not include physical tests, individual market after 1 year after the date TICES.— such as the chemical, blood, or urine anal- of enactment of this Act. ‘‘(A) PREPARATION OF WRITTEN NOTICE.—A yses of the individual including cholesterol SEC. 204. AMENDMENTS TO THE INTERNAL REV- group health plan shall post or provide, in tests, and physical exams of the individual, ENUE CODE OF 1986. writing and in a clear and conspicuous man- in order to detect symptoms, clinical signs, (a) PROHIBITION OF HEALTH DISCRIMINATION ner, notice of the plan’s confidentiality prac- or a diagnosis of disease.’’. ON THE BASIS OF GENETIC INFORMATION OR GE- tices, that shall include— (d) EFFECTIVE DATE.—Except as provided in NETIC SERVICES.— ‘‘(i) a description of an individual’s rights this section, this section and the amend- (1) NO ENROLLMENT RESTRICTION FOR GE- with respect to predictive genetic informa- ments made by this section shall apply with NETIC SERVICES.—Section 9802(a)(1)(F) of the tion; respect to group health plans for plan years Internal Revenue Code of 1986 is amended by ‘‘(ii) the procedures established by the plan beginning after 1 year after the date of the inserting before the period the following: for the exercise of the individual’s rights; enactment of this Act. ‘‘(including information about a request for and TITLE III—HEALTHCARE RESEARCH AND or receipt of genetic services)’’. ‘‘(iii) the right to obtain a copy of the no- QUALITY (2) NO DISCRIMINATION IN GROUP PREMIUMS tice of the confidentiality practices required SEC. 301. SHORT TITLE. BASED ON PREDICTIVE GENETIC INFORMATION.— under this subsection. (A) IN GENERAL.—Subchapter B of chapter This title may be cited as the ‘‘Healthcare ‘‘(B) MODEL NOTICE.—The Secretary, in 100 of the Internal Revenue Code of 1986, as consultation with the National Committee Research and Quality Act of 1999’’. amended by section 111(b), is further amend- on Vital and Health Statistics and the Na- SEC. 302. AMENDMENT TO THE PUBLIC HEALTH ed by adding at the end the following: tional Association of Insurance Commis- SERVICE ACT. ‘‘SEC. 9814. PROHIBITING PREMIUM DISCRIMINA- sioners, and after notice and opportunity for Title IX of the Public Health Service Act TION AGAINST GROUPS ON THE (42 U.S.C. 299 et seq.) is amended to read as BASIS OF PREDICTIVE GENETIC IN- public comment, shall develop and dissemi- FORMATION. nate model notices of confidentiality prac- follows: ‘‘A group health plan shall not adjust pre- tices. Use of the model notice shall serve as ‘‘TITLE IX—AGENCY FOR HEALTHCARE mium or contribution amounts for a group a defense against claims of receiving inap- RESEARCH AND QUALITY propriate notice. on the basis of predictive genetic informa- ‘‘PART A—ESTABLISHMENT AND GENERAL ‘‘(2) ESTABLISHMENT OF SAFEGUARDS.—A tion concerning any individual (including a DUTIES dependent) or a family member of the indi- group health plan shall establish and main- vidual (including information about a re- tain appropriate administrative, technical, ‘‘SEC. 901. MISSION AND DUTIES. quest for or receipt of genetic services).’’. and physical safeguards to protect the con- ‘‘(a) IN GENERAL.—There is established (B) CONFORMING AMENDMENT.—Section fidentiality, security, accuracy, and integ- within the Public Health Service an agency 9802(b) of the Internal Revenue Code of 1986 rity of predictive genetic information cre- to be known as the Agency for Healthcare is amended by adding at the end the fol- ated, received, obtained, maintained, used, Research and Quality. In carrying out this lowing: transmitted, or disposed of by such plan.’’. subsection, the Secretary shall redesignate S8284 CONGRESSIONAL RECORD — SENATE July 12, 1999 the Agency for Health Care Policy and Re- ‘‘(5) healthcare technologies, facilities, and to speed the dissemination of research find- search as the Agency for Healthcare Re- equipment; ings to community practice settings, the search and Quality. ‘‘(6) healthcare costs, productivity, organi- Agency shall employ research strategies and ‘‘(b) MISSION.—The purpose of the Agency zation, and market forces; mechanisms that will link research directly is to enhance the quality, appropriateness, ‘‘(7) health promotion and disease preven- with clinical practice in geographically di- and effectiveness of healthcare services, and tion, including clinical preventive services; verse locations throughout the United access to such services, through the estab- ‘‘(8) health statistics, surveys, database de- States, including— lishment of a broad base of scientific re- velopment, and epidemiology; and ‘‘(1) Healthcare Improvement Research search and through the promotion of im- ‘‘(9) medical liability. Centers that combine demonstrated multi- provements in clinical and health system ‘‘(b) HEALTH SERVICES TRAINING GRANTS.— disciplinary expertise in outcomes or quality practices, including the prevention of dis- ‘‘(1) IN GENERAL.—The Director may pro- improvement research with linkages to rel- eases and other health conditions. The Agen- vide training grants in the field of health evant sites of care; cy shall promote healthcare quality im- services research related to activities au- ‘‘(2) Provider-based Research Networks, in- provement by— thorized under subsection (a), to include pre- cluding plan, facility, or delivery system ‘‘(1) conducting and supporting research and post-doctoral fellowships and training sites of care (especially primary care), that that develops and presents scientific evi- programs, young investigator awards, and can evaluate and promote quality improve- dence regarding all aspects of healthcare, other programs and activities as appropriate. ment; and including— In carrying out this subsection, the Director ‘‘(3) other innovative mechanisms or strat- ‘‘(A) the development and assessment of shall make use of funds made available egies to link research with clinical practice. methods for enhancing patient participation under section 487 as well as other appro- in their own care and for facilitating shared ‘‘SEC. 912. PRIVATE-PUBLIC PARTNERSHIPS TO priated funds. IMPROVE ORGANIZATION AND DE- patient-physician decision-making; ‘‘(2) REQUIREMENTS.—In developing prior- LIVERY. ‘‘(B) the outcomes, effectiveness, and cost- ities for the allocation of training funds ‘‘(a) SUPPORT FOR EFFORTS TO DEVELOP IN- effectiveness of healthcare practices, includ- under this subsection, the Director shall FORMATION ON QUALITY.— ing preventive measures and long-term care; take into consideration shortages in the ‘‘(1) SCIENTIFIC AND TECHNICAL SUPPORT.— ‘‘(C) existing and innovative technologies; number of trained researchers addressing the In its role as the principal agency for ‘‘(D) the costs and utilization of, and ac- priority populations. healthcare research and quality, the Agency cess to healthcare; ‘‘(c) MULTIDISCIPLINARY CENTERS.—The Di- may provide scientific and technical support ‘‘(E) the ways in which healthcare services rector may provide financial assistance to for private and public efforts to improve are organized, delivered, and financed and assist in meeting the costs of planning and healthcare quality, including the activities the interaction and impact of these factors establishing new centers, and operating ex- of accrediting organizations. on the quality of patient care; isting and new centers, for multidisciplinary ‘‘(2) ROLE OF THE AGENCY.—With respect to ‘‘(F) methods for measuring quality and health services research, demonstration paragraph (1), the role of the Agency shall strategies for improving quality; and projects, evaluations, training, and policy include— ‘‘(G) ways in which patients, consumers, analysis with respect to the matters referred ‘‘(A) the identification and assessment of purchasers, and practitioners acquire new in- to in subsection (a). methods for the evaluation of the health of— formation about best practices and health ‘‘(d) RELATION TO CERTAIN AUTHORITIES RE- ‘‘(i) enrollees in health plans by type of benefits, the determinants and impact of GARDING SOCIAL SECURITY.—Activities au- plan, provider, and provider arrangements; their use of this information; thorized in this section shall be appro- and ‘‘(2) synthesizing and disseminating avail- priately coordinated with experiments, dem- ‘‘(ii) other populations, including those re- able scientific evidence for use by patients, onstration projects, and other related activi- ceiving long-term care services; consumers, practitioners, providers, pur- ties authorized by the Social Security Act ‘‘(B) the ongoing development, testing, and chasers, policy makers, and educators; and and the Social Security Amendments of 1967. dissemination of quality measures, including ‘‘(3) advancing private and public efforts to Activities under subsection (a)(2) of this sec- measures of health and functional outcomes; improve healthcare quality. tion that affect the programs under titles ‘‘(C) the compilation and dissemination of ‘‘(c) REQUIREMENTS WITH RESPECT TO XVIII, XIX and XXI of the Social Security RURAL AREAS AND PRIORITY POPULATIONS.— healthcare quality measures developed in Act shall be carried out consistent with sec- the private and public sector; In carrying out subsection (b), the Director tion 1142 of such Act. shall undertake and support research, dem- ‘‘(D) assistance in the development of im- ‘‘(e) DISCLAIMER.—The Agency shall not proved healthcare information systems; onstration projects, and evaluations with re- mandate national standards of clinical prac- spect to the delivery of health services— ‘‘(E) the development of survey tools for tice or quality healthcare standards. Rec- the purpose of measuring participant and ‘‘(1) in rural areas (including frontier ommendations resulting from projects fund- areas); beneficiary assessments of their healthcare; ed and published by the Agency shall include and ‘‘(2) for low-income groups, and minority a corresponding disclaimer. groups; ‘‘(F) identifying and disseminating infor- ‘‘(f) RULE OF CONSTRUCTION.—Nothing in mation on mechanisms for the integration of ‘‘(3) for children; this section shall be construed to imply that ‘‘(4) for elderly; and information on quality into purchaser and the Agency’s role is to mandate a national consumer decision-making processes. ‘‘(5) for people with special healthcare standard or specific approach to quality ‘‘(b) CENTERS FOR EDUCATION AND RE- needs, including disabilities, chronic care measurement and reporting. In research and SEARCH ON THERAPEUTICS.— and end-of-life healthcare. quality improvement activities, the Agency ‘‘(d) APPOINTMENT OF DIRECTOR.—There ‘‘(1) IN GENERAL.—The Secretary, acting shall consider a wide range of choices, pro- shall be at the head of the Agency an official through the Director and in consultation viders, healthcare delivery systems, and in- to be known as the Director for Healthcare with the Commissioner of Food and Drugs, dividual preferences. Research and Quality. The Director shall be shall establish a program for the purpose of appointed by the Secretary. The Secretary, ‘‘PART B—HEALTHCARE IMPROVEMENT making one or more grants for the establish- acting through the Director, shall carry out RESEARCH ment and operation of one or more centers to the authorities and duties established in this ‘‘SEC. 911. HEALTHCARE OUTCOME IMPROVE- carry out the activities specified in para- title. MENT RESEARCH. graph (2). ‘‘SEC. 902. GENERAL AUTHORITIES. ‘‘(a) EVIDENCE RATING SYSTEMS.—In col- ‘‘(2) REQUIRED ACTIVITIES.—The activities ‘‘(a) IN GENERAL.—In carrying out section laboration with experts from the public and referred to in this paragraph are the fol- 901(b), the Director shall support demonstra- private sector, the Agency shall identify and lowing: tion projects, conduct and support research, disseminate methods or systems that it uses ‘‘(A) The conduct of state-of-the-art clin- evaluations, training, research networks, to assess healthcare research results, par- ical, laboratory, or health services research multi-disciplinary centers, technical assist- ticularly methods or systems that it uses to for the following purposes: ance, and the dissemination of information, rate the strength of the scientific evidence ‘‘(i) To increase awareness of— on healthcare, and on systems for the deliv- behind healthcare practice, recommenda- ‘‘(I) new uses of drugs, biological products, ery of such care, including activities with re- tions in the research literature, and tech- and devices; spect to— nology assessments. The Agency shall make ‘‘(II) ways to improve the effective use of ‘‘(1) the quality, effectiveness, efficiency, methods and systems for evidence rating drugs, biological products, and devices; and appropriateness and value of healthcare serv- widely available. Agency publications con- ‘‘(III) risks of new uses and risks of com- ices; taining healthcare recommendations shall binations of drugs and biological products. ‘‘(2) quality measurement and improve- indicate the level of substantiating evidence ‘‘(ii) To provide objective clinical informa- ment; using such methods or systems. tion to the following individuals and enti- ‘‘(3) the outcomes, cost, cost-effectiveness, ‘‘(b) HEALTHCARE IMPROVEMENT RESEARCH ties: and use of healthcare services and access to CENTERS AND PROVIDER-BASED RESEARCH ‘‘(I) Healthcare practitioners and other such services; NETWORKS.—In order to address the full con- providers of healthcare goods or services. ‘‘(4) clinical practice, including primary tinuum of care and outcomes research, to ‘‘(II) Pharmacists, pharmacy benefit man- care and practice-oriented research; link research to practice improvement, and agers and purchasers. July 12, 1999 CONGRESSIONAL RECORD — SENATE S8285

‘‘(III) Health maintenance organizations ‘‘(2) ANNUAL REPORT.—Beginning in fiscal ‘‘(2) RESEARCH.—In carrying out this sec- and other managed healthcare organizations. year 2003, the Secretary, acting through the tion, the Center shall conduct and support ‘‘(IV) Healthcare insurers and govern- Director, shall submit to Congress an annual research concerning— mental agencies. report on national trends in the quality of ‘‘(A) the nature and characteristics of pri- ‘‘(V) Patients and consumers. healthcare provided to the American people. mary care practice; ‘‘(iii) To improve the quality of healthcare ‘‘SEC. 914. INFORMATION SYSTEMS FOR ‘‘(B) the management of commonly occur- while reducing the cost of Healthcare HEALTHCARE IMPROVEMENT. ring clinical problems; through— ‘‘(a) IN GENERAL.—In order to foster a ‘‘(C) the management of undifferentiated ‘‘(I) an increase in the appropriate use of range of innovative approaches to the man- clinical problems; and drugs, biological products, or devices; and agement and communication of health infor- ‘‘(D) the continuity and coordination of ‘‘(II) the prevention of adverse effects of mation, the Agency shall support research, health services. drugs, biological products, and devices and evaluations and initiatives to advance— the consequences of such effects, such as un- ‘‘(1) the use of information systems for the ‘‘SEC. 916. CLINICAL PRACTICE AND TECH- NOLOGY INNOVATION. necessary hospitalizations. study of healthcare quality, including the ‘‘(B) The conduct of research on the com- generation of both individual provider and ‘‘(a) IN GENERAL.—The Director shall pro- parative effectiveness, cost-effectiveness, plan-level comparative performance data; mote innovation in evidence-based clinical and safety of drugs, biological products, and ‘‘(2) training for healthcare practitioners practice and healthcare technologies by— devices. and researchers in the use of information ‘‘(1) conducting and supporting research on ‘‘(C) Such other activities as the Secretary systems; the development, diffusion, and use of determines to be appropriate, except that ‘‘(3) the creation of effective linkages be- healthcare technology; grant funds may not be used by the Sec- tween various sources of health information, ‘‘(2) developing, evaluating, and dissemi- retary in conducting regulatory review of including the development of information nating methodologies for assessments of new drugs. networks; healthcare practices and healthcare tech- ‘‘(c) REDUCING ERRORS IN MEDICINE.—The ‘‘(4) the delivery and coordination of evi- nologies; Director shall conduct and support research dence-based healthcare services, including ‘‘(3) conducting intramural and supporting and build private-public partnerships to— the use of real-time healthcare decision-sup- extramural assessments of existing and new ‘‘(1) identify the causes of preventable port programs; healthcare practices and technologies; healthcare errors and patient injury in ‘‘(5) the utility and comparability of health ‘‘(4) promoting education, training, and healthcare delivery; information data and medical vocabularies providing technical assistance in the use of ‘‘(2) develop, demonstrate, and evaluate by addressing issues related to the content, healthcare practice and healthcare tech- strategies for reducing errors and improving structure, definitions and coding of such in- nology assessment methodologies and re- patient safety; and formation and data in consultation with ap- sults; and ‘‘(3) promote the implementation of effec- propriate Federal, State and private entities; ‘‘(5) working with the National Library of tive strategies throughout the healthcare in- ‘‘(6) the use of computer-based health Medicine and the public and private sector to dustry. records in all settings for the development of develop an electronic clearinghouse of cur- ‘‘SEC. 913. INFORMATION ON QUALITY AND COST personal health records for individual health rently available assessments and those in OF CARE. assessment and maintenance, and for moni- progress. ‘‘(a) IN GENERAL.—In carrying out 902(a), toring public health and outcomes of care ‘‘(b) SPECIFICATION OF PROCESS.— the Director shall— within populations; and ‘‘(1) conduct a survey to collect data on a ‘‘(1) IN GENERAL.—Not later than December ‘‘(7) the protection of individually identifi- 31, 2000, the Director shall develop and pub- nationally representative sample of the pop- able information in health services research ulation on the cost, use and, for fiscal year lish a description of the methodology used and healthcare quality improvement. by the Agency and its contractors in con- 2001 and subsequent fiscal years, quality of ‘‘(b) DEMONSTRATION.—The Agency shall healthcare, including the types of healthcare ducting practice and technology assessment. support demonstrations into the use of new ‘‘(2) CONSULTATIONS.—In carrying out this services Americans use, their access to information tools aimed at improving shared healthcare services, frequency of use, how subsection, the Director shall cooperate and decision-making between patients and their consult with the Assistant Secretary for much is paid for the services used, the source care-givers. of those payments, the types and costs of Health, the Administrator of the Health Care ‘‘SEC. 915. RESEARCH SUPPORTING PRIMARY Financing Administration, the Director of private health insurance, access, satisfac- CARE AND ACCESS IN UNDER- tion, and quality of care for the general pop- SERVED AREAS. the National Institutes of Health, the Com- missioner of Food and Drugs, and the heads ulation including rural residents and for the ‘‘(a) PREVENTIVE SERVICES TASK FORCE.— of any other interested Federal department populations identified in section 901(c); and ‘‘(1) ESTABLISHMENT AND PURPOSE.—The Di- ‘‘(2) develop databases and tools that pro- rector may periodically convene a Preven- or agency, and shall seek input, where appro- vide information to States on the quality, tive Services Task Force to be composed of priate, from professional societies and other access, and use of healthcare services pro- individuals with appropriate expertise. Such private and public entities. vided to their residents. a task force shall review the scientific evi- ‘‘(3) METHODOLOGY.—The Director, in de- ‘‘(b) QUALITY AND OUTCOMES INFORMA- dence related to the effectiveness, appro- veloping assessment methodology, shall TION.— priateness, and cost-effectiveness of clinical consider— ‘‘(1) IN GENERAL.—Beginning in fiscal year preventive services for the purpose of devel- ‘‘(A) safety, efficacy, and effectiveness; 2001, the Director shall ensure that the sur- oping recommendations for the healthcare ‘‘(B) legal, social, and ethical implications; vey conducted under subsection (a)(1) will— community, and updating previous clinical ‘‘(C) costs, benefits, and cost-effectiveness; ‘‘(A) identify determinants of health out- preventive recommendations. ‘‘(D) comparisons to alternate technologies and practices; and comes and functional status, and their rela- ‘‘(2) ROLE OF AGENCY.—The Agency shall tionships to healthcare access and use, deter- provide ongoing administrative, research, ‘‘(E) requirements of Food and Drug Ad- mine the ways and extent to which the pri- and technical support for the operations of ministration approval to avoid duplication. ority populations enumerated in section the Preventive Services Task Force, includ- ‘‘(c) SPECIFIC ASSESSMENTS.— 901(c) differ from the general population with ing coordinating and supporting the dissemi- ‘‘(1) IN GENERAL.—The Director shall con- respect to such variables, measure changes nation of the recommendations of the Task duct or support specific assessments of over time with respect to such variable, and Force. healthcare technologies and practices. monitor the overall national impact of ‘‘(3) OPERATION.—In carrying out its re- ‘‘(2) REQUESTS FOR ASSESSMENTS.—The Di- changes in Federal and State policy on sponsibilities under paragraph (1), the Task rector is authorized to conduct or support healthcare; Force is not subject to the provisions of Ap- assessments, on a reimbursable basis, for the ‘‘(B) provide information on the quality of pendix 2 of title 5, United States Code. Health Care Financing Administration, the care and patient outcomes for frequently oc- ‘‘(b) PRIMARY CARE RESEARCH.— Department of Defense, the Department of curring clinical conditions for a nationally ‘‘(1) IN GENERAL.—There is established Veterans Affairs, the Office of Personnel representative sample of the population in- within the Agency a Center for Primary Care Management, and other public or private en- cluding rural residents; and Research (referred to in this subsection as tities. ‘‘(C) provide reliable national estimates for the ‘Center’) that shall serve as the principal ‘‘(3) GRANTS AND CONTRACTS.—In addition children and persons with special healthcare source of funding for primary care practice to conducting assessments, the Director may needs through the use of supplements or research in the Department of Health and make grants to, or enter into cooperative periodic expansions of the survey. Human Services. For purposes of this para- agreements or contracts with, entities de- In expanding the Medical Expenditure Panel graph, primary care research focuses on the scribed in paragraph (4) for the purpose of Survey, as in existence on the date of enact- first contact when illness or health concerns conducting assessments of experimental, ment of this title, in fiscal year 2001 to col- arise, the diagnosis, treatment or referral to emerging, existing, or potentially outmoded lect information on the quality of care, the specialty care, preventive care, and the rela- healthcare technologies, and for related ac- Director shall take into account any out- tionship between the clinician and the pa- tivities. comes measurements generally collected by tient in the context of the family and com- ‘‘(4) ELIGIBLE ENTITIES.—An entity de- private sector accreditation organizations. munity. scribed in this paragraph is an entity that is S8286 CONGRESSIONAL RECORD — SENATE July 12, 1999

determined to be appropriate by the Direc- ‘‘(A) IN GENERAL.—The Secretary shall at least 1 individual specializing in rural as- tor, including academic medical centers, re- enter into a contract with the Institute of pects in 1 or more of these fields; and search institutions and organizations, pro- Medicine for the preparation— ‘‘(F) 2 shall be individuals representing the fessional organizations, third party payers, ‘‘(i) not later than 12 months after the date interests of patients and consumers of governmental agencies, and consortia of ap- of enactment of this title, of a report pro- healthcare. propriate research entities established for viding an overview of the quality improve- ‘‘(3) EX OFFICIO MEMBERS.—The Secretary the purpose of conducting technology assess- ment programs of the Department of Health shall designate as ex officio members of the ments. and Human Services for the medicare, med- Advisory Council— icaid, and CHIP programs under titles XVIII, ‘‘(A) the Assistant Secretary for Health, ‘‘SEC. 917. COORDINATION OF FEDERAL GOVERN- XIX, and XXI of the Social Security Act; and the Director of the National Institutes of MENT QUALITY IMPROVEMENT EF- FORTS. ‘‘(ii) not later than 24 months after the Health, the Director of the Centers for Dis- date of enactment of this title, of a final re- ease Control and Prevention, the Adminis- ‘‘(a) REQUIREMENT.— port containing recommendations. trator of the Health Care Financing Admin- ‘‘(1) IN GENERAL.—To avoid duplication and ‘‘(B) REPORTS.—The Secretary shall submit istration, the Assistant Secretary of Defense ensure that Federal resources are used effi- the reports described in subparagraph (A) to (Health Affairs), and the Under Secretary for ciently and effectively, the Secretary, acting the Committee on Finance and the Com- Health of the Department of Veterans Af- through the Director, shall coordinate all re- mittee on Health, Education, Labor, and fairs; and search, evaluations, and demonstrations re- Pensions of the Senate and the Committee ‘‘(B) such other Federal officials as the lated to health services research, quality on Ways and Means and the Committee on Secretary may consider appropriate. measurement and quality improvement ac- Commerce of the House of Representatives. ‘‘(d) TERMS.—Members of the Advisory tivities undertaken and supported by the ‘‘PART C—GENERAL PROVISIONS Council appointed under subsection (c)(2) Federal Government. ‘‘SEC. 921. ADVISORY COUNCIL FOR HEALTHCARE shall serve for a term of 3 years. A member ‘‘(2) SPECIFIC ACTIVITIES.—The Director, in RESEARCH AND QUALITY. of the Council appointed under such sub- collaboration with the appropriate Federal ‘‘(a) ESTABLISHMENT.—There is established section may continue to serve after the expi- officials representing all concerned executive an advisory council to be known as the Advi- ration of the term of the members until a agencies and departments, shall develop and sory Council for Healthcare Research and successor is appointed. manage a process to— Quality. ‘‘(e) VACANCIES.—If a member of the Advi- ‘‘(A) improve interagency coordination, ‘‘(b) DUTIES.— sory Council appointed under subsection priority setting, and the use and sharing of ‘‘(1) IN GENERAL.—The Advisory Council (c)(2) does not serve the full term applicable research findings and data pertaining to Fed- shall advise the Secretary and the Director under subsection (d), the individual ap- eral quality improvement programs, tech- with respect to activities proposed or under- pointed to fill the resulting vacancy shall be nology assessment, and health services re- taken to carry out the purpose of the Agency appointed for the remainder of the term of search; under section 901(b). the predecessor of the individual. ‘‘(B) strengthen the research information ‘‘(2) CERTAIN RECOMMENDATIONS.—Activi- infrastructure, including databases, per- ‘‘(f) CHAIR.—The Director shall, from ties of the Advisory Council under paragraph taining to Federal health services research among the members of the Advisory Council (1) shall include making recommendations to and healthcare quality improvement initia- appointed under subsection (c)(2), designate the Director regarding— tives; an individual to serve as the chair of the Ad- ‘‘(A) priorities regarding healthcare re- ‘‘(C) set specific goals for participating visory Council. search, especially studies related to quality, agencies and departments to further health ‘‘(g) MEETINGS.—The Advisory Council outcomes, cost and the utilization of, and ac- services research and healthcare quality im- shall meet not less than once during each cess to, healthcare services; provement; and discrete 4-month period and shall otherwise ‘‘(B) the field of healthcare research and ‘‘(D) strengthen the management of Fed- meet at the call of the Director or the chair. related disciplines, especially issues related eral healthcare quality improvement pro- ‘‘(h) COMPENSATION AND REIMBURSEMENT OF to training needs, and dissemination of infor- grams. EXPENSES.— mation pertaining to healthcare quality; and ‘‘(1) APPOINTED MEMBERS.—Members of the ‘‘(b) STUDY BY THE INSTITUTE OF MEDI- ‘‘(C) the appropriate role of the Agency in Advisory Council appointed under subsection CINE.— each of these areas in light of private sector (c)(2) shall receive compensation for each ‘‘(1) IN GENERAL.—To provide Congress, the activity and identification of opportunities day (including travel time) engaged in car- Department of Health and Human Services, for public-private sector partnerships. rying out the duties of the Advisory Council and other relevant departments with an ‘‘(c) MEMBERSHIP.— unless declined by the member. Such com- independent, external review of their quality ‘‘(1) IN GENERAL.—The Advisory Council pensation may not be in an amount in excess oversight, quality improvement and quality shall, in accordance with this subsection, be of the daily equivalent of the annual rate of research programs, the Secretary shall enter composed of appointed members and ex offi- basic pay prescribed for level IV of the Exec- into a contract with the Institute of cio members. All members of the Advisory utive Schedule under section 5315 of title 5, Medicine— Council shall be voting members other than United States Code, for each day during ‘‘(A) to describe and evaluate current qual- the individuals designated under paragraph which such member is engaged in the per- ity improvement, quality research and qual- (3)(B) as ex officio members. formance of the duties of the Advisory Coun- ity monitoring processes through— ‘‘(2) APPOINTED MEMBERS.—The Secretary cil. ‘‘(i) an overview of pertinent health serv- shall appoint to the Advisory Council 21 ap- ‘‘(2) EX OFFICIO MEMBERS.—Officials des- ices research activities and quality improve- propriately qualified individuals. At least 17 ignated under subsection (c)(3) as ex officio ment efforts conducted by all Federal pro- members of the Advisory Council shall be members of the Advisory Council may not grams, with particular attention paid to representatives of the public who are not of- receive compensation for service on the Ad- those under titles XVIII, XIX, and XXI of the ficers or employees of the United States. The visory Council in addition to the compensa- Social Security Act; and Secretary shall ensure that the appointed tion otherwise received for duties carried out ‘‘(ii) a summary of the partnerships that members of the Council, as a group, are rep- as officers of the United States. the Department of Health and Human Serv- resentative of professions and entities con- ‘‘(i) STAFF.—The Director shall provide to ices has pursued with private accreditation, cerned with, or affected by, activities under the Advisory Council such staff, information, quality measurement and improvement or- this title and under section 1142 of the Social and other assistance as may be necessary to ganizations; and Security Act. Of such members— carry out the duties of the Council. ‘‘(B) to identify options and make rec- ‘‘(A) 4 shall be individuals distinguished in ommendations to improve the efficiency and the conduct of research, demonstration ‘‘SEC. 922. PEER REVIEW WITH RESPECT TO effectiveness of quality improvement pro- projects, and evaluations with respect to GRANTS AND CONTRACTS. grams through— healthcare; ‘‘(a) REQUIREMENT OF REVIEW.— ‘‘(i) the improved coordination of activities ‘‘(B) 4 shall be individuals distinguished in ‘‘(1) IN GENERAL.—Appropriate technical across the medicare, medicaid and child the practice of medicine of which at least 1 and scientific peer review shall be conducted health insurance programs under titles shall be a primary care practitioner; with respect to each application for a grant, XVIII, XIX and XXI of the Social Security ‘‘(C) 3 shall be individuals distinguished in cooperative agreement, or contract under Act and health services research programs; the other health professions; this title. ‘‘(ii) the strengthening of patient choice ‘‘(D) 4 shall be individuals either rep- ‘‘(2) REPORTS TO DIRECTOR.—Each peer re- and participation by incorporating state-of- resenting the private healthcare sector, in- view group to which an application is sub- the-art quality monitoring tools and making cluding health plans, providers, and pur- mitted pursuant to paragraph (1) shall report information on quality available; and chasers or individuals distinguished as ad- its finding and recommendations respecting ‘‘(iii) the enhancement of the most effec- ministrators of healthcare delivery systems; the application to the Director in such form tive programs, consolidation as appropriate, ‘‘(E) 4 shall be individuals distinguished in and in such manner as the Director shall re- and elimination of duplicative activities the fields of healthcare quality improve- quire. within various federal agencies. ment, economics, information systems, law, ‘‘(b) APPROVAL AS PRECONDITION OF ‘‘(2) REQUIREMENTS.— ethics, business, or public policy, including AWARDS.—The Director may not approve an July 12, 1999 CONGRESSIONAL RECORD — SENATE S8287

application described in subsection (a)(1) un- ‘‘(2) RELATIONSHIP WITH OTHER DEPARTMENT person who supplied the information or who less the application is recommended for ap- PROGRAMS.—In any case where standards is described in it is identifiable unless such proval by a peer review group established under paragraph (1) may affect the adminis- person has consented (as determined under under subsection (c). tration of other programs carried out by the regulations of the Director) to its publica- ‘‘(c) ESTABLISHMENT OF PEER REVIEW Department of Health and Human Services, tion or release in other form. GROUPS.— including the programs under title XVIII, ‘‘(d) PENALTY.—Any person who violates ‘‘(1) IN GENERAL.—The Director shall estab- XIX or XXI of the Social Security Act, or subsection (c) shall be subject to a civil mon- lish such technical and scientific peer review may affect health information that is sub- etary penalty of not more than $10,000 for groups as may be necessary to carry out this ject to a standard developed under part C of each such violation involved. Such penalty section. Such groups shall be established title XI of the Social Security Act, they shall be imposed and collected in the same without regard to the provisions of title 5, shall be in the form of recommendations to manner as civil money penalties under sub- United States Code, that govern appoint- the Secretary for such program. section (a) of section 1128A of the Social Se- ments in the competitive service, and with- ‘‘(b) STATISTICS AND ANALYSES.—The Direc- curity Act are imposed and collected. out regard to the provisions of chapter 51, tor shall— ‘‘SEC. 925. ADDITIONAL PROVISIONS WITH RE- and subchapter III of chapter 53, of such title ‘‘(1) take appropriate action to ensure that SPECT TO GRANTS AND CONTRACTS. that relate to classification and pay rates statistics and analyses developed under this ‘‘(a) FINANCIAL CONFLICTS OF INTEREST.— under the General Schedule. title are of high quality, timely, and duly With respect to projects for which awards of ‘‘(2) MEMBERSHIP.—The members of any comprehensive, and that the statistics are grants, cooperative agreements, or contracts peer review group established under this sec- specific, standardized, and adequately ana- are authorized to be made under this title, tion shall be appointed from among individ- lyzed and indexed; and the Director shall by regulation define— uals who by virtue of their training or expe- ‘‘(2) publish, make available, and dissemi- ‘‘(1) the specific circumstances that con- rience are eminently qualified to carry out nate such statistics and analyses on as wide stitute financial interests in such projects the duties of such peer review group. Officers a basis as is practicable. that will, or may be reasonably expected to, and employees of the United States may not ‘‘(c) AUTHORITY REGARDING CERTAIN RE- create a bias in favor of obtaining results in constitute more than 25 percent of the mem- QUESTS.—Upon request of a public or private the projects that are consistent with such in- bership of any such group. Such officers and entity, the Director may conduct or support terests; and employees may not receive compensation for research or analyses otherwise authorized by ‘‘(2) the actions that will be taken by the service on such groups in addition to the this title pursuant to arrangements under Director in response to any such interests compensation otherwise received for these which such entity will pay the cost of the identified by the Director. duties carried out as such officers and em- services provided. Amounts received by the ‘‘(b) REQUIREMENT OF APPLICATION.—The ployees. Director under such arrangements shall be Director may not, with respect to any pro- ‘‘(3) DURATION.—Notwithstanding section available to the Director for obligation until gram under this title authorizing the provi- 14(a) of the Federal Advisory Committee Act, expended. sion of grants, cooperative agreements, or peer review groups established under this contracts, provide any such financial assist- section may continue in existence until oth- ‘‘SEC. 924. DISSEMINATION OF INFORMATION. ance unless an application for the assistance erwise provided by law. ‘‘(a) IN GENERAL.—The Director shall— is submitted to the Secretary and the appli- ‘‘(4) QUALIFICATIONS.—Members of any ‘‘(1) without regard to section 501 of title cation is in such form, is made in such man- peer-review group shall, at a minimum, meet 44, United States Code, promptly publish, ner, and contains such agreements, assur- the following requirements: make available, and otherwise disseminate, ances, and information as the Director deter- ‘‘(A) Such members shall agree in writing in a form understandable and on as broad a mines to be necessary to carry out the pro- to treat information received, pursuant to basis as practicable so as to maximize its gram in involved. their work for the group, as confidential in- use, the results of research, demonstration ‘‘(c) PROVISION OF SUPPLIES AND SERVICES formation, except that this subparagraph projects, and evaluations conducted or sup- IN LIEU OF FUNDS.— shall not apply to public records and public ported under this title; ‘‘(1) IN GENERAL.—Upon the request of an information. ‘‘(2) ensure that information disseminated entity receiving a grant, cooperative agree- ‘‘(B) Such members shall agree in writing by the Agency is science-based and objective ment, or contract under this title, the Sec- to recuse themselves from participation in and undertakes consultation as necessary to retary may, subject to paragraph (2), provide the peer-review of specific applications assess the appropriateness and usefulness of supplies, equipment, and services for the pur- which present a potential personal conflict the presentation of information that is tar- pose of aiding the entity in carrying out the of interest or appearance of such conflict, in- geted to specific audiences; project involved and, for such purpose, may cluding employment in a directly affected ‘‘(3) promptly make available to the public detail to the entity any officer or employee organization, stock ownership, or any finan- data developed in such research, demonstra- of the Department of Health and Human cial or other arrangement that might intro- tion projects, and evaluations; Services. duce bias in the process of peer-review. ‘‘(4) provide, in collaboration with the Na- ‘‘(2) CORRESPONDING REDUCTION IN FUNDS.— ‘‘(d) AUTHORITY FOR PROCEDURAL ADJUST- tional Library of Medicine where appro- With respect to a request described in para- MENTS IN CERTAIN CASES.—In the case of ap- priate, indexing, abstracting, translating, graph (1), the Secretary shall reduce the plications for financial assistance whose di- publishing, and other services leading to a amount of the financial assistance involved rect costs will not exceed $100,000, the Direc- more effective and timely dissemination of by an amount equal to the costs of detailing tor may make appropriate adjustments in information on research, demonstration personnel and the fair market value of any the procedures otherwise established by the projects, and evaluations with respect to supplies, equipment, or services provided by Director for the conduct of peer review under healthcare to public and private entities and this section. Such adjustments may be made the Director. The Secretary shall, for the individuals engaged in the improvement of payment of expenses incurred in complying for the purpose of encouraging the entry of healthcare delivery and the general public, individuals into the field of research, for the with such request, expend the amounts with- and undertake programs to develop new or held. purpose of encouraging clinical practice-ori- improved methods for making such informa- ented or provider-based research, and for ‘‘(d) APPLICABILITY OF CERTAIN PROVISIONS tion available; and WITH RESPECT TO CONTRACTS.—Contracts such other purposes as the Director may de- ‘‘(5) as appropriate, provide technical as- termine to be appropriate. may be entered into under this part without sistance to State and local government and ‘‘(e) REGULATIONS.—The Director shall regard to sections 3648 and 3709 of the Re- issue regulations for the conduct of peer re- health agencies and conduct liaison activi- vised Statutes (31 U.S.C. 529; 41 U.S.C. 5). view under this section. ties to such agencies to foster dissemination. ‘‘SEC. 926. CERTAIN ADMINISTRATIVE AUTHORI- ‘‘(b) PROHIBITION AGAINST RESTRICTIONS.— ‘‘SEC. 923. CERTAIN PROVISIONS WITH RESPECT TIES. TO DEVELOPMENT, COLLECTION, Except as provided in subsection (c), the Di- ‘‘(a) DEPUTY DIRECTOR AND OTHER OFFICERS AND DISSEMINATION OF DATA. rector may not restrict the publication or AND EMPLOYEES.— ‘‘(a) STANDARDS WITH RESPECT TO UTILITY dissemination of data from, or the results of, ‘‘(1) DEPUTY DIRECTOR.—The Director may OF DATA.— projects conducted or supported under this appoint a deputy director for the Agency. ‘‘(1) IN GENERAL.—To ensure the utility, ac- title. ‘‘(2) OTHER OFFICERS AND EMPLOYEES.—The curacy, and sufficiency of data collected by ‘‘(c) LIMITATION ON USE OF CERTAIN INFOR- Director may appoint and fix the compensa- or for the Agency for the purpose described MATION.—No information, if an establish- tion of such officers and employees as may in section 901(b), the Director shall establish ment or person supplying the information or be necessary to carry out this title. Except standard methods for developing and col- described in it is identifiable, obtained in the as otherwise provided by law, such officers lecting such data, taking into course of activities undertaken or supported and employees shall be appointed in accord- consideration— under this title may be used for any purpose ance with the civil service laws and their ‘‘(A) other Federal health data collection other than the purpose for which it was sup- compensation fixed in accordance with title standards; and plied unless such establishment or person 5, United States Code. ‘‘(B) the differences between types of has consented (as determined under regula- ‘‘(b) FACILITIES.—The Secretary, in car- healthcare plans, delivery systems, tions of the Director) to its use for such rying out this title— healthcare providers, and provider arrange- other purpose. Such information may not be ‘‘(1) may acquire, without regard to the ments. published or released in other form if the Act of March 3, 1877 (40 U.S.C. 34), by lease or S8288 CONGRESSIONAL RECORD — SENATE July 12, 1999 otherwise through the Director of General the quality of patient care, there must be a ‘‘SEC. 730A. APPLICATION OF PROVISIONS. Services, buildings or portions of buildings corresponding investment in research on the ‘‘(a) APPLICATION TO GROUP HEALTH in the District of Columbia or communities most effective clinical and organizational PLANS.—The provisions of this subpart, and located adjacent to the District of Columbia strategies for use of these findings in daily sections 714 and 503, shall apply to group for use for a period not to exceed 10 years; practice. The authorization levels in sub- health plans and health insurance issuers of- and section (b) provide for a proportionate in- fering health insurance coverage in connec- ‘‘(2) may acquire, construct, improve, re- crease in healthcare research as the United tion with a group health plan. pair, operate, and maintain laboratory, re- States investment in biomedical research in- ‘‘(b) TREATMENT OF MULTIPLE COVERAGE search, and other necessary facilities and creases. OPTIONS.—In the case of a group health plan equipment, and such other real or personal ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— that provides benefits under 2 or more cov- property (including patents) as the Secretary For the purpose of carrying out this title, erage options, the requirements of this sub- deems necessary. there are authorized to be appropriated part, other than section 722, shall apply sepa- ‘‘(c) PROVISION OF FINANCIAL ASSISTANCE.— $250,000,000 for fiscal year 2000, and such sums rately with respect to each coverage option. The Director, in carrying out this title, may as may be necessary for each of the fiscal ‘‘(c) PLAN SATISFACTION OF CERTAIN RE- make grants to public and nonprofit entities years 2001 through 2006. QUIREMENTS.— ‘‘(c) EVALUATIONS.—In addition to amounts and individuals, and may enter into coopera- ‘‘(1) SATISFACTION OF CERTAIN REQUIRE- available pursuant to subsection (b) for car- tive agreements or contracts with public and MENTS THROUGH INSURANCE.—For purposes of private entities and individuals. rying out this title, there shall be made subsection (a), insofar as a group health plan ‘‘(d) UTILIZATION OF CERTAIN PERSONNEL available for such purpose, from the amounts provides benefits in the form of health insur- AND RESOURCES.— made available pursuant to section 241 (re- ance coverage through a health insurance ‘‘(1) DEPARTMENT OF HEALTH AND HUMAN lating to evaluations), an amount equal to 40 issuer, the plan shall be treated as meeting SERVICES.—The Director, in carrying out this percent of the maximum amount authorized the following requirements of this Act with title, may utilize personnel and equipment, in such section 241 to be made available for respect to such benefits and not be consid- facilities, and other physical resources of the a fiscal year. ered as failing to meet such requirements be- Department of Health and Human Services, ‘‘SEC. 928. DEFINITIONS. cause of a failure of the issuer to meet such permit appropriate (as determined by the ‘‘In this title: requirements so long as the plan sponsor or Secretary) entities and individuals to utilize ‘‘(1) ADVISORY COUNCIL.—The term ‘Advi- its representatives did not cause such failure the physical resources of such Department, sory Council’ means the Advisory Council on by the issuer: and provide technical assistance and advice. Healthcare Research and Quality established ‘‘(A) section 721 (relating to access to ‘‘(2) OTHER AGENCIES.—The Director, in under section 921. emergency care). carrying out this title, may use, with their ‘‘(2) AGENCY.—The term ‘Agency’ means ‘‘(B) Section 722 (relating to choice of cov- consent, the services, equipment, personnel, the Agency for Healthcare Research and erage options), but only insofar as the plan is information, and facilities of other Federal, Quality. meeting such requirement through an agree- State, or local public agencies, or of any for- ‘‘(3) DIRECTOR.—The term ‘Director’ means ment with the issuer to offer the option to eign government, with or without reimburse- the Director for the Agency for Healthcare purchase point-of-service coverage under ment of such agencies. Research and Quality.’’. such section. ‘‘(e) CONSULTANTS.—The Secretary, in car- SEC. 303. REFERENCES. ‘‘(C) Section 723, 724 and 725 (relating to ac- rying out this title, may secure, from time Effective upon the date of enactment of cess to specialty care). to time and for such periods as the Director this Act, any reference in law to the ‘‘Agen- ‘‘(D) Section 726) (relating to continuity in deems advisable but in accordance with sec- cy for Health Care Policy and Research’’ case of termination of provider (or, issuer in tion 3109 of title 5, United States Code, the shall be deemed to be a reference to the connection with health insurance coverage) assistance and advice of consultants from ‘‘Agency for Healthcare Research and Qual- contract) but only insofar as a replacement the United States or abroad. ity’’. issuer assumes the obligation for continuity ‘‘(f) EXPERTS.— TITLE IV—MISCELLANEOUS PROVISIONS of care. ‘‘(1) IN GENERAL.—The Secretary may, in SEC. 401. SENSE OF THE COMMITTEE. ‘‘(E) Section 727 (relating to patient-pro- carrying out this title, obtain the services of It is the sense of the Committee on Health, vider communications). not more than 50 experts or consultants who Education, Labor, and Pensions of the Sen- ‘‘(F) Section 728 (relating to prescription have appropriate scientific or professional ate that the Congress should take measures drugs). qualifications. Such experts or consultants to further the purposes of this Act, including ‘‘(G) Section 729 (relating to self-payment shall be obtained in accordance with section any necessary changes to the Internal Rev- for certain services). 3109 of title 5, United States Code, except enue Code of 1986 or to other Acts to— ‘‘(2) INFORMATION.—With respect to infor- that the limitation in such section on the (1) promote equity and prohibit discrimi- mation required to be provided or made duration of service shall not apply. nation based on genetic information with re- available under section 714, in the case of a ‘‘(2) TRAVEL EXPENSES.— spect to the availability of health benefits; group health plan that provides benefits in ‘‘(A) IN GENERAL.—Experts and consultants (2) provide for the full deduction of health the form of health insurance coverage whose services are obtained under paragraph insurance costs for self-employed individ- through a health insurance issuer, the Sec- (1) shall be paid or reimbursed for their ex- uals; retary shall determine the circumstances penses associated with traveling to and from (3) provide for the full availability of med- under which the plan is not required to pro- their assignment location in accordance with ical savings accounts; vide or make available the information (and sections 5724, 5724a(a), 5724a(c), and 5726(C) of (4) provide for the carryover of unused ben- is not liable for the issuer’s failure to pro- title 5, United States Code. efits from cafeteria plans, flexible spending vide or make available the information), if ‘‘(B) LIMITATION.—Expenses specified in arrangements, and health flexible spending the issuer is obligated to provide and make subparagraph (A) may not be allowed in con- accounts; and available (or provides and makes available) nection with the assignment of an expert or (5) permit contributions towards medical such information. consultant whose services are obtained under savings account through the Federal employ- ‘‘(3) GRIEVANCE AND INTERNAL APPEALS.— paragraph (1) unless and until the expert ees health benefits program. With respect to the grievance system and in- agrees in writing to complete the entire pe- ternal appeals process required to be estab- riod of assignment, or 1 year, whichever is lished under section 503, in the case of a shorter, unless separated or reassigned for KENNEDY (AND OTHERS) AMENDMENT NO. 1233 group health plan that provides benefits in reasons that are beyond the control of the the form of health insurance coverage expert or consultant and that are acceptable Mr. DASCHLE (for Mr. KENNEDY) (for through a health insurance issuer, the Sec- to the Secretary. If the expert or consultant himself, Mr. REID, Mr. DURBIN, Mr. retary shall determine the circumstances violates the agreement, the money spent by WELLSTONE, Mr. WYDEN, Mr. REED, under which the plan is not required to pro- the United States for the expenses specified Mrs. MURRAY, Mr. DASCHLE, and Mr. vide for such system and process (and is not in subparagraph (A) is recoverable from the liable for the issuer’s failure to provide for expert or consultant as a statutory obliga- CHAFEE) proposed an amendment to amendment No. 1232 proposed by Mr. such system and process), if the issuer is ob- tion owed to the United States. The Sec- ligated to provide for (and provides for) such retary may waive in whole or in part a right DASCHLE to the bill, S. 1344, supra; as system and process. of recovery under this subparagraph. follows: ‘‘(4) EXTERNAL APPEALS.—Pursuant to rules ‘‘(g) VOLUNTARY AND UNCOMPENSATED At the appropriate place insert the fol- of the Secretary, insofar as a group health SERVICES.—The Director, in carrying out lowing: plan enters into a contract with a qualified this title, may accept voluntary and uncom- SEC. ll. APPLICATION TO ALL HEALTH PLANS. external appeal entity for the conduct of ex- pensated services. (a) ERISA.—Subpart C of part 7 of subtitle ternal appeal activities in accordance with ‘‘SEC. 927. FUNDING. B of title I of the Employee Retirement In- section 503, the plan shall be treated as ‘‘(a) INTENT.—To ensure that the United come Security Act of 1974, as added by sec- meeting the requirement of such section and States’s investment in biomedical research tion 101(a)(2) of this Act, is amended by add- is not liable for the entity’s failure to meet is rapidly translated into improvements in ing at the end the following: any requirements under such section. July 12, 1999 CONGRESSIONAL RECORD — SENATE S8289

‘‘(5) APPLICATION TO PROHIBITIONS.—Pursu- Subchapter B of chapter 100 of the Internal graph (A) with respect to each individual de- ant to rules of the Secretary, if a health in- Revenue Code of 1986 is amended— scribed in subparagraph (A) who is covered surance issuer offers health insurance cov- (1) in the table of sections, by inserting under the plan by reason of employment erage in connection with a group health plan after the item relating to section 9812 the with that employer or membership in the or- and takes an action in violation of section following new item: ganization. 727, the group health plan shall not be liable ‘‘Sec. 9813. Standard relating to patients’ ‘‘(C) INFORMATION ELEMENTS.—The infor- for such violation unless the plan caused bill of rights.’’; and mation elements described in this subpara- such violation. graph are the following: (2) by inserting after section 9812 the fol- ‘‘(6) CONSTRUCTION.—Nothing in this sub- ‘‘(i) ELEMENTS CONCERNING THE INDI- lowing: section shall be construed to affect or modify VIDUAL.— the responsibilities of the fiduciaries of a ‘‘SEC. 9813. STANDARD RELATING TO PATIENTS’ ‘‘(I) The individual’s name. BILL OF RIGHTS. group health plan under part 4 of subtitle B. ‘‘(II) The individual’s date of birth. ‘‘A group health plan shall comply with ‘‘(d) CONFORMING REGULATIONS.—The Sec- ‘‘(III) The individual’s sex. the following requirements (as in effect as of retary may issue regulations to coordinate ‘‘(IV) The individual’s social security in- the date of the enactment of such Act), and the requirements on group health plans surance number. such requirements shall be deemed to be in- under this section with the requirements im- ‘‘(V) The number assigned by the Secretary corporated into this section: posed under the other provisions of this to the individual for claims under this title. ‘‘(1) The requirements of subpart C of part title.’’. ‘‘(VI) The family relationship of the indi- 7 of subtitle B of title I of the Employee Re- (b) APPLICATION TO GROUP MARKET UNDER vidual to the person who has or had current tirement Income Security Act of 1974. PUBLIC HEALTH SERVICE ACT.—Subpart 2 of or employment status with the employer. ‘‘(2) The requirements of section 714 of the part A of title XXVII of the Public Health ‘‘(ii) ELEMENTS CONCERNING THE FAMILY Employee Retirement Income Security Act Service Act (42 U.S.C. 300gg-4 et seq.), as MEMBER WITH CURRENT OR FORMER EMPLOY- of 1974. amended by section 203(a)(1)(B), is further MENT STATUS.— ‘‘(3) The requirements of section 503 of the amended by adding at the end the following ‘‘(I) The name of the person in the individ- Employee Retirement Income Security Act new section: ual’s family who has current or former em- of 1974.’’. ‘‘SEC. 2708. PATIENT PROTECTION STANDARDS. ployment status with the employer. (e) CONFORMING AMENDMENT.—Section ‘‘(a) IN GENERAL.—Each group health plan ‘‘(II) That person’s social security insur- shall comply with the following patient pro- 2721(b)(2)(A) of the Public Health Service Act (42 U.S.C. 300gg–21(b)(2)(A)) is amended by in- ance number. tection requirements, and each health insur- ‘‘(III) The number or other identifier as- ance issuer shall comply with such patient serting ‘‘(other than section 2708)’’ after ‘‘re- quirements of such subparts’’. signed by the plan to that person. protection requirements with respect to ‘‘(IV) The periods of coverage for that per- group health insurance coverage it offers, (f) NO IMPACT ON SOCIAL SECURITY TRUST FUND.— son under the plan. and such requirements shall be deemed to be ‘‘(V) The employment status of that person incorporated into this subsection: (1) IN GENERAL.—Nothing in the amend- ments made by this section shall be con- (current or former) during those periods of ‘‘(1) The requirements of subpart C of part coverage. 7 of subtitle B of title I of the Employee Re- strued to alter or amend the Social Security Act (or any regulation promulgated under ‘‘(VI) The classes (of that person’s family tirement Income Security Act of 1974. members) covered under the plan. ‘‘(2) The requirements of section 714 of the that Act). (2) TRANSFERS.— ‘‘(iii) PLAN ELEMENTS.— Employee Retirement Income Security Act ‘‘(I) The items and services covered under of 1974. (A) ESTIMATE OF SECRETARY.—The Sec- retary of the Treasury shall annually esti- the plan. ‘‘(3) The requirements of subsections (b) ‘‘(II) The name and address to which through (g) of section 503 of the Employee mate the impact that the enactment of this section has on the income and balances of claims under the plan are to be sent. Retirement Income Security Act of 1974. ‘‘(iv) ELEMENTS CONCERNING THE EM- ‘‘(b) NOTICE.—A group health plan shall the trust funds established under section 201 PLOYER.— comply with the notice requirement under of the Social Security Act (42 U.S.C. 401). (B) TRANSFER OF FUNDS.—If, under subpara- ‘‘(I) The employer’s name. section 104(b)(1) of the Employee Retirement ‘‘(II) The employer’s address. Income Security Act of 1974 with respect to graph (A), the Secretary of the Treasury es- timates that the enactment of this section ‘‘(III) The employer identification number the requirements referred to in subsection of the employer. (a) and a health insurance issuer shall com- has a negative impact on the income and bal- ances of the trust funds established under ‘‘(D) USE OF IDENTIFIERS.—The adminis- ply with such notice requirement as if such trator of a group health plan shall utilize a section applied to such issuer and such issuer section 201 of the Social Security Act (42 U.S.C. 401), the Secretary shall transfer, not unique identifier for the plan in providing in- were a group health plan.’’. formation under subparagraph (A) and in (c) APPLICATION TO INDIVIDUAL MARKET less frequently than quarterly, from the gen- other transactions, as may be specified by UNDER PUBLIC HEALTH SERVICE ACT.—Sub- eral revenues of the Federal Government an the Secretary, related to the provisions of part 3 of part B of title XXVII of the Public amount sufficient so as to ensure that the this subsection. The Secretary may provide Health Service Act (42 U.S.C. 300gg-51 et income and balances of such trust funds are to the administrator the unique identifier seq.), as amended by section 203(b)(2), is fur- not reduced as a result of the enactment of described in the preceding sentence. ther amended by adding at the end the fol- such section. ‘‘(E) PENALTY FOR NONCOMPLIANCE.—Any lowing new section: (g) INFORMATION REQUIREMENTS.— (1) INFORMATION FROM GROUP HEALTH entity that knowingly and willfully fails to ‘‘SEC. 2754. PATIENT PROTECTION STANDARDS. comply with a requirement imposed by the ‘‘(a) IN GENERAL.—Each health insurance PLANS.—Section 1862(b) of the Social Secu- previous subparagraphs shall be subject to a issuer shall comply with the following pa- rity Act (42 U.S.C. 1395y(b)) is amended by civil money penalty not to exceed $1,000 for tient protection requirements with respect adding at the end the following: each incident of such failure. The provisions to individual health insurance coverage it of- ‘‘(7) INFORMATION FROM GROUP HEALTH of section 1128A (other than subsections (a) fers, and such requirements shall be deemed PLANS.— and (b)) shall apply to a civil money penalty to be incorporated into this subsection: ‘‘(A) PROVISION OF INFORMATION BY GROUP under the previous sentence in the same ‘‘(1) The requirements of subpart C of part HEALTH PLANS.—The administrator of a manner as those provisions apply to a pen- 7 of subtitle B of title I of the Employee Re- group health plan subject to the require- alty or proceeding under section 1128A(a).’’ tirement Income Security Act of 1974. ments of paragraph (1) shall provide to the (2) EFFECTIVE DATE.—The amendment ‘‘(2) The requirements of section 714 of the Secretary such of the information elements made by paragraph (1) shall take effect 180 Employee Retirement Income Security Act described in subparagraph (C) as the Sec- days after the date of the enactment of this of 1974. retary specifies, and in such manner and at Act. ‘‘(3) The requirements of section 503 of the such times as the Secretary may specify (but Employee Retirement Income Security Act not more frequently than 4 times per year), (h) MODIFICATION TO FOREIGN TAX CREDIT of 1974. with respect to each individual covered CARRYBACK AND CARRYOVER PERIODS.— ‘‘(b) NOTICE.—A health insurance issuer under the plan who is entitled to any bene- (1) IN GENERAL.—Section 904(c) of the Inter- under this part shall comply with the notice fits under this title. nal Revenue Code of 1986 (relating to limita- requirement under section 104(b)(1) of the ‘‘(B) PROVISION OF INFORMATION BY EMPLOY- tion on credit) is amended— Employee Retirement Income Security Act ERS AND EMPLOYEE ORGANIZATIONS.—An em- (A) by striking ‘‘in the second preceding of 1974 with respect to the requirements of ployer (or employee organization) that main- taxable year,’’, and such subtitle as if such section applied to tains or participates in a group health plan (B) by striking ‘‘or fifth’’ and inserting such issuer and such issuer were a group subject to the requirements of paragraph (1) ‘‘fifth, sixth, or seventh’’. health plan. shall provide to the administrator of the (2) EFFECTIVE DATE.—The amendment ‘‘(c) NONAPPLICATION OF CERTAIN PROVI- plan such of the information elements re- made by paragraph (1) shall apply to credits SION.—Section 2763(a) shall not apply to the quired to be provided under subparagraph arising in taxable years beginning after De- provisions of this section.’’. (A), and in such manner and at such times as cember 31, 2001. (d) APPLICATION TO GROUP HEALTH PLANS the Secretary may specify, at a frequency (i) LIMITATIONS ON WELFARE BENEFIT UNDER THE INTERNAL REVENUE CODE OF 1986.— consistent with that required under subpara- FUNDS OF 10 OR MORE EMPLOYER PLANS.— S8290 CONGRESSIONAL RECORD — SENATE July 12, 1999

(1) BENEFITS TO WHICH EXCEPTION APPLIES.— or other dispositions occurring on or after ruling that the Health Care Financing Ad- Section 419A(f)(6)(A) of the Internal Revenue the date of the enactment of this Act. ministration failed to enforce due process re- Code of 1986 (relating to exception for 10 or quirements and monitor health maintenance more employer plans) is amended to read as SANTORUM (AND OTHERS) organization denials of medical service to follows: AMENDMENT NO. 1234 medicare beneficiaries. ‘‘(A) IN GENERAL.—This subpart shall not (16) On April 13, 1999, the General Account- apply to a welfare benefit fund which is part Mr. NICKLES (for Mr. SANTORUM) ing Office testified that the Health Care Fi- of a 10 or more employer plan if the only (for himself, Mr. BOND, Mr. NICKLES, nancing Administration failed to use its au- benefits provided through the fund are 1 or Mr. HUTCHINSON, Mr. CRAIG, and Ms. thority to ensure that medicare beneficiaries more of the following: COLLINS) proposed an amendment to were informed of their appeals rights under ‘‘(i) Medical benefits. amendment No. 1233 proposed by Mr. managed care plans. ‘‘(ii) Disability benefits. DASCHLE to the bill, S. 1344, supra; as (17) The General Accounting Office testi- ‘‘(iii) Group term life insurance benefits folows: fied at a July, 1998 hearing in the Ways and which do not provide for any cash surrender Means Committee of the House of Represent- Strike all after the first word in line three value or other money that can be paid, as- atives that the Health Care Financing Ad- and insert the following: signed, borrowed, or pledged for collateral ministration missed 25 percent of the imple- for a loan. SENSE OF THE SENATE CONCERNING THE SCOPE mentation deadlines for the consumer and OF A PATIENTS’ BILL OF RIGHTS. quality improvements to the Medicare pro- The preceding sentence shall not apply to (a) FINDINGS.—The Senate makes the fol- any plan which maintains experience-rating lowing findings: gram under the Balanced Budget Act of 1997. arrangements with respect to individual em- (1) Congress agreed that States should (18) The Health Care Financing Adminis- ployers.’’ have primary responsibility for the regula- tration should not be given new, broad regu- (2) LIMITATION ON USE OF AMOUNTS FOR tion of health insurance when it passed the latory authority as they have not adequately OTHER PURPOSES.—Section 4976(b) of such Act McCarran-Ferguson Act in 1945. met their current responsibilities. (defining disqualified benefit) is amended by (2) The States have done a good job in re- (19) The Health Care Financing Adminis- adding at the end the following new para- sponding to the consumer concerns associ- tration took 10 years to implement a 1987 graph: ated with a rapidly evolving health care de- law establishing new nursing home stand- ‘‘(5) SPECIAL RULE FOR 10 OR MORE EM- livery system and have already adopted stat- ards. PLOYER PLANS EXEMPTED FROM PREFUNDING utory and regulatory protections for con- (20) The Health Care Financing Adminis- LIMITS.—For purposes of paragraph (1)(C), sumers in fully-insured health plans and tration has yet to update its 1985 fire safety if— have tailored these protections to fit the standards for hospitals. ‘‘(A) subpart D of part I of subchapter D of needs of their States’ consumers and health (21) The Health Care Financing Adminis- chapter 1 does not apply by reason of section care marketplaces. tration is utilizing 1976 health and safety 419A(f)(6) to contributions to provide 1 or (3) 117,000,000 Americans who are enrolled standards for the treatment of end-stage kid- more welfare benefits through a welfare ben- in fully insured plans, governmental plans ney disease. efit fund under a 10 or more employer plan, and individual policies are protected by (22) ERISA preempts State requirements and State patient protections. relating to coverage determinations, griev- ‘‘(B) any portion of the welfare benefit (4) Forty-two States have already enacted ances and appeals, and requirements relating fund attributable to such contributions is a Patient’s Bill of Rights. to independent external review. used for a purpose other than that for which (5) Forty-seven States already enforce con- (23) In a recent judicial decision in Texas the contributions were made, sumer protections regarding gag clauses on (Corporate Health Insurance, Inc. V. The Texas Department of Insurance), the lower court then such portion shall be treated as revert- doctor-patient communications. held that ERISA does preempt the State’s ing to the benefit of the employers maintain- (6) Forty States already enforce consumer external review law as it relates to group ing the fund.’’ protections for access to emergency care health plans. (3) EFFECTIVE DATE.—The amendments services. (b) DEDUCTION FOR HEALTH INSURANCE made by this subsection shall apply to con- (7) Thirty-one States already enforce con- COSTS OF SELF-EMPLOYED INDIVIDUALS IN- tributions paid or accrued after the date of sumer protections requiring a prudent CREASED.—IN GENERAL.—Section 162(l)(1) of the enactment of this Act, in taxable years layperson standard for emergency care. the Internal Revenue Code of 1986 (relating ending after such date. (8) The Employee Retirement Income Se- to special rules for health insurance costs of (j) MODIFICATION OF INSTALLMENT METHOD curity Act of 1974 (referred to in this section self-employed individuals) is amended to AND REPEAL OF INSTALLMENT METHOD FOR as ‘‘ERISA’’) expressly prohibits States from ACCRUAL METHOD TAXPAYERS.— regulating the self-funded employer spon- read as follows: (1) REPEAL OF INSTALLMENT METHOD FOR AC- sored plans that currently cover 48,000,000 ‘‘(1) ALLOWANCE OF DEDUCTION.—In the case CRUAL BASIS TAXPAYERS.— Americans. of an individual who is an employee within (A) IN GENERAL.—Subsection (a) of section (9) The National Association of Insurance the meaning of section 401(c)(1), there shall 453 of the Internal Revenue Code of 1986 (re- Commissioners has recommended that Con- be allowed as a deduction under this section lating to installment method) is amended to gress should focus its legislative activities an amount equal to the amount paid during read as follows: on consumers in self-funded ERISA plans, the taxable year for insurance which con- ‘‘(a) USE OF INSTALLMENT METHOD.— which are under the Federal Government’s stitutes medical care for the taxpayer, the ‘‘(1) IN GENERAL.—Except as otherwise pro- exclusive jurisdiction, and preserve the taxpayer’s spouse, and dependents.’’ vided in this section, income from an install- State protections that already exist for con- (c) CLARIFICATION OF LIMITATIONS ON OTHER ment sale shall be taken into account for sumers in fully insured ERISA plans. COVERAGE.—The first sentence of section purposes of this title under the installment (10) The National Association of Insurance 162(l)(2)(B) of the Internal Revenue Code of method. Commissioners has expressly stated that 1986 is amended to read as follows: ‘‘Para- ‘‘(2) ACCRUAL METHOD TAXPAYER.—The in- they do not endorse the concept of a Federal graph (1) shall not apply to any taxpayer for stallment method shall not apply to income floor with regard to patient protections. any calendar month for which the taxpayer from an installment sale if such income (11) Senate bill 6 (106th Congress) would participates in any subsidized health plan would be reported under an accrual method greatly expand the Federal regulatory role maintained by any employer (other than an of accounting without regard to this section. over private health insurance. employer described in section 401(c)(4)) of the The preceding sentence shall not apply to a (12) It would be inappropriate to set Fed- taxpayer or the spouse of the taxpayer.’’ disposition described in subparagraph (A) or eral health insurance standards that not (d) EFFECTIVE DATE.—The amendments (B) of subsection (l)(2).’’ only duplicate the responsibility of the 50 made by this section shall apply to taxable (B) CONFORMING AMENDMENTS.—Sections State insurance departments but that also years beginning after December 31, 1998. 453(d)(1), 453(i)(1), and 453(k) of such Act are would have to be enforced by the Health Care each amended by striking ‘‘(a)’’ each place it Financing Administration if a State fails to GRAHAM (AND OTHERS) appears and inserting ‘‘(a)(1)’’. enact the standard. AMENDMENT NO. 1235 (2) MODIFICATION OF PLEDGE RULES.—Para- (13) One size does not fit all, and what may graph (4) of section 453A(d) of such Act (re- be appropriate for one State may not be nec- Mr. GRAHAM (for himself, Mr. REID, lating to pledges, etc., of installment obliga- essary in another. Mr. CHAFEE, Mrs. MURRAY, Mr. DURBIN, tions) is amended by adding at the end the (14) It is irresponsible to propose vastly ex- Ms. MIKULSKI, Mr. SCHUMER, Mr. KEN- following: ‘‘A payment shall be treated as di- panding the Federal Government’s role in NEDY, Mr. DASCHLE, Mr. BAUCUS, Mr. rectly secured by an interest in an install- regulating private health insurance at a FEINGOLD, and Mr. DORGAN) proposed ment obligation to the extent an arrange- time when the Health Care Financing Ad- an amendment to amendment No. 1233 ment allows the taxpayer to satisfy all or a ministration is having such a difficult time portion of the indebtedness with the install- fulfilling its current and primary respon- proposed by Mr. DASCHLE to the bill, S. ment obligation.’’ sibilities for Medicare. 1344, supra; as follows: (3) EFFECTIVE DATE.—The amendments (15) In August, 1998, the United States At the appropriate place insert the fol- made by this subsection shall apply to sales Court of Appeals affirmed a district court lowing: July 12, 1999 CONGRESSIONAL RECORD — SENATE S8291 SEC. ll. ACCESS TO EMERGENCY CARE. determined to be stable), or, in the absence cial Security Act (or any regulation promul- (a) ERISA.—Subpart C of part 7 of subtitle of guidelines under such section, such guide- gated under that Act). B of title I of the Employee Retirement In- lines as the Secretary shall establish to ‘‘(2) TRANSFERS.— come Security Act of 1974, as added by sec- carry out this subsection), if the services are ‘‘(A) ESTIMATE OF SECRETARY.—The Sec- tion 101(a)(2) of this Act, is amended by add- maintenance care or post-stabilization care retary of the Treasury shall annually esti- ing at the end the following: covered under such guidelines. mate the impact that the enactment of this OVERAGE OF MERGENCY MBULANCE ‘‘SEC. 730A. ACCESS TO EMERGENCY CARE. ‘‘(c) C E A section has on the income and balances of SERVICES.— ‘‘(a) COVERAGE OF EMERGENCY SERVICES.— the trust funds established under section 201 ‘‘(1) IN GENERAL.—If a group health plan, or ‘‘(1) IN GENERAL.—If a group health plan, or of the Social Security Act (42 U.S.C. 401). health insurance coverage offered by a a health insurance issuer in connection with ‘‘(B) TRANSFER OF FUNDS.—If, under sub- health insurance issuer, provides any bene- group health insurance coverage, provides paragraph (A), the Secretary of the Treasury fits with respect to ambulance services and estimates that the enactment of this section any benefits with respect to emergency serv- emergency services, the plan or issuer shall ices (as defined in paragraph (2)(B)), the plan has a negative impact on the income and bal- cover emergency ambulance services (as de- ances of the trust funds established under or issuer shall cover emergency services fur- fined in paragraph (2))) furnished under the nished under the plan or coverage— section 201 of the Social Security Act (42 plan or coverage under the same terms and U.S.C. 401), the Secretary shall transfer, not ‘‘(A) without the need for any prior author- conditions under subparagraphs (A) through less frequently than quarterly, from the gen- ization determination; (D) of subsection (a)(1) under which coverage eral revenues of the Federal Government an ‘‘(B) whether or not the health care pro- is provided for emergency services. amount sufficient so as to ensure that the vider furnishing such services is a partici- ‘‘(2) EMERGENCY AMBULANCE SERVICES.—For income and balances of such trust funds are pating provider with respect to such serv- purposes of this subsection, the term ‘emer- not reduced as a result of the enactment of ices; gency ambulance services’ means ambulance such section. ‘‘(C) in a manner so that, if such services services (as defined for purposes of section ‘‘(j) LIMITATION ON ACTIONS.— are provided to a participant, beneficiary, or 1861(s)(7) of the Social Security Act) fur- ‘‘(1) IN GENERAL.—Except as provided for in enrollee by a nonparticipating health care nished to transport an individual who has an paragraph (2), no action may be brought provider or without prior authorization by emergency medical condition (as defined in under subsection (a)(1)(B), (a)(2), or (a)(3) of the plan or issuer, the participant, bene- subsection (a)(2)(A)) to a hospital for the re- section 502 by a participant or beneficiary ficiary or enrollee is not liable for amounts ceipt of emergency services (as defined in seeking relief based on the application of that exceed the amounts of liability that subsection (a)(2)(B)) in a case in which the any provision in this section. would be incurred if the services were pro- emergency services are covered under the ‘‘(2) PERMISSIBLE ACTIONS.—An action may vided by a participating health care provider plan or coverage pursuant to subsection be brought under subsection (a)(1)(B), (a)(2), with prior authorization by the plan or (a)(1) and a prudent layperson, with an aver- or (a)(3) of section 502 by a participant or issuer; and age knowledge of health and medicine, could beneficiary seeking relief based on the appli- ‘‘(D) without regard to any other term or reasonably expect that the absence of such cation of this section to the individual cir- condition of such coverage (other than exclu- transport would result in placing the health cumstances of that participant or bene- sion or coordination of benefits, or an affili- of the individual in serious jeopardy, serious ficiary; except that— ation or waiting period, permitted under sec- impairment of bodily function, or serious ‘‘(A) such an action may not be brought or tion 701 (or section 2701 of the Public Health dysfunction of any bodily organ or part. maintained as a class action; and Service Act or section 9801 of the Internal ‘‘(d) APPLICATION OF SECTION.—This section ‘‘(B) in such an action relief may only pro- Revenue Code of 1986 as applicable) and other shall supersede the provisions of section 721 vide for the provision of (or payment for) than applicable cost-sharing). and section 721 shall have no effect. benefits, items, or services denied to the in- ‘‘(2) DEFINITIONS.—In this section: ‘‘(e) REVIEW.—Failure to meet the require- dividual participant or beneficiary involved ‘‘(A) EMERGENCY MEDICAL CONDITION BASED ments of this section shall constitute an ap- (and for attorney’s fees and the costs of the ON PRUDENT LAYPERSON STANDARD.—The term pealable decision under this Act. action, at the discretion of the court) and ‘‘(f) PLAN SATISFACTION OF CERTAIN RE- ‘emergency medical condition’ means a med- shall not provide for any other relief to the QUIREMENTS.—Pursuant to rules of the Sec- ical condition manifesting itself by acute participant or beneficiary or for any relief to symptoms of sufficient severity (including retary, if a health insurance issuer offers group health insurance coverage in connec- any other person. severe pain) such that a prudent layperson, ‘‘(3) RULE OF CONSTRUCTION.—Nothing in who possesses an average knowledge of tion with a group health plan and takes an action in violation of any provision of this this subsection shall be construed as affect- health and medicine, could reasonably ex- ing any action brought by the Secretary. pect the absence of immediate medical at- subchapter, the group health plan shall not be liable for such violation unless the plan ‘‘(k) EFFECTIVE DATE.—The provisions of tention to result in a condition described in this section shall apply to group health plans clause (i), (ii), or (iii) of section 1867(e)(1)(A) caused such violation. ‘‘(g) APPLICABILITY.—The provisions of this for plan years beginning after, and to health of the Social Security Act. section shall apply to group health plans and insurance issuers for coverage offered or sold ‘‘(B) EMERGENCY SERVICES.—The term health insurance issuers as if included in— after, October 1, 2000.’’. ‘emergency services’ means— (b) INFORMATION REQUIREMENTS.— ‘‘(1) subpart 2 of part A of title XXVII of ‘‘(i) a medical screening examination (as (1) INFORMATION FROM GROUP HEALTH the Public Health Service Act; required under section 1867 of the Social Se- PLANS.—Section 1862(b) of the Social Secu- ‘‘(2) the first subpart 3 of part B of title curity Act) that is within the capability of rity Act (42 U.S.C. 1395y(b)) is amended by XXVII of the Public Health Service Act (re- the emergency department of a hospital, in- adding at the end the following: lating to other requirements); and cluding ancillary services routinely avail- ‘‘(7) INFORMATION FROM GROUP HEALTH ‘‘(3) subchapter B of chapter 100 of the In- able to the emergency department to evalu- PLANS.— ternal Revenue Code of 1986. ate an emergency medical condition (as de- ‘‘(h) NONAPPLICATION OF CERTAIN PROVI- ‘‘(A) PROVISION OF INFORMATION BY GROUP fined in subparagraph (A)), and SION.—Only for purposes of applying the re- HEALTH PLANS.—The administrator of a ‘‘(ii) within the capabilities of the staff and quirements of this section under section 714 group health plan subject to the require- facilities available at the hospital, such fur- of the Employee Retirement Income Secu- ments of paragraph (1) shall provide to the ther medical examination and treatment as rity Act of 1974 (as added by section 301 of Secretary such of the information elements are required under section 1867 of such Act to this Act), sections 2707 and 2753 of the Public described in subparagraph (C) as the Sec- stabilize the patient. Health Service Act (as added by sections 201 retary specifies, and in such manner and at ‘‘(b) REIMBURSEMENT FOR MAINTENANCE and 202 of this Act), and section 9813 of the such times as the Secretary may specify (but CARE AND POST-STABILIZATION CARE.—In the Internal Revenue Code of 1986 (as added by not more frequently than 4 times per year), case of services (other than emergency serv- section 401 of this Act)— with respect to each individual covered ices) for which benefits are available under a ‘‘(1) section 2721(b)(2) of the Public Health under the plan who is entitled to any bene- group health plan, or a health insurance Service Act and section 9831(a)(1) of the In- fits under this title. issuer in connection with group health insur- ternal Revenue Code of 1986 shall not apply ‘‘(B) PROVISION OF INFORMATION BY EMPLOY- ance coverage, the plan or issuer shall pro- to the provisions of this section; and ERS AND EMPLOYEE ORGANIZATIONS.—An em- vide for reimbursement with respect to such ‘‘(2) with respect to limited scope dental ployer (or employee organization) that main- services provided to a participant, bene- benefits, subparagraph (A) of section 733(c)(2) tains or participates in a group health plan ficiary or enrollee other than through a par- of the Employee Retirement Income Secu- subject to the requirements of paragraph (1) ticipating health care provider in a manner rity Act of 1974, subparagraph (A) of section shall provide to the administrator of the consistent with subsection (a)(1)(C) (and 2791(c)(2) of the Public Health Service Act, plan such of the information elements re- shall otherwise comply with the guidelines and subparagraph (A) of section 9832(c)(2) of quired to be provided under subparagraph established under section 1852(d)(2) of the So- the Internal Revenue Code of 1986 shall not (A), and in such manner and at such times as cial Security Act (relating to promoting effi- apply to the provisions of this section. the Secretary may specify, at a frequency cient and timely coordination of appropriate ‘‘(i) NO IMPACT ON SOCIAL SECURITY TRUST consistent with that required under subpara- maintenance and post-stabilization care of a FUND.— graph (A) with respect to each individual de- participant, beneficiary or enrollee after a ‘‘(1) IN GENERAL.—Nothing in this section scribed in subparagraph (A) who is covered participant, beneficiary or enrollee has been shall be construed to alter or amend the So- under the plan by reason of employment S8292 CONGRESSIONAL RECORD — SENATE July 12, 1999 with that employer or membership in the or- of accounting without regard to this section. evaluation of title I and title II of S. ganization. The preceding sentence shall not apply to a 1320, a bill to provide to the Federal ‘‘(C) INFORMATION ELEMENTS.—The infor- disposition described in subparagraph (A) or land management agencies the author- mation elements described in this subpara- (B) of subsection (l)(2).’’ ity and capability to manage effec- graph are the following: (B) CONFORMING AMENDMENTS.—Sections ‘‘(i) ELEMENTS CONCERNING THE INDI- 453(d)(1), 453(i)(1), and 453(k) of such Act are tively the Federal lands, and for other VIDUAL.— each amended by striking ‘‘(a)’’ each place it purposes. ‘‘(I) The individual’s name. appears and inserting ‘‘(a)(1)’’. Those who wish to submit written ‘‘(II) The individual’s date of birth. (2) MODIFICATION OF PLEDGE RULES.—Para- statements should write to the Com- ‘‘(III) The individual’s sex. graph (4) of section 453A(d) of such Act (re- mittee on Energy and Natural Re- ‘‘(IV) The individual’s social security in- lating to pledges, etc., of installment obliga- sources, U.S. Senate, Washington, DC surance number. tions) is amended by adding at the end the 20510. For further information, please ‘‘(V) The number assigned by the Secretary following: ‘‘A payment shall be treated as di- call Mark Rey at (202) 224–6170. to the individual for claims under this title. rectly secured by an interest in an install- ‘‘(VI) The family relationship of the indi- ment obligation to the extent an arrange- COMMITTEE ON INDIAN AFFAIRS vidual to the person who has or had current ment allows the taxpayer to satisfy all or a COMMITTEE ON ENERGY AND NATURAL or employment status with the employer. portion of the indebtedness with the install- RESOURCES ‘‘(ii) ELEMENTS CONCERNING THE FAMILY ment obligation.’’ Mr. CAMPBELL. Mr. President, I an- MEMBER WITH CURRENT OR FORMER EMPLOY- (3) EFFECTIVE DATE.—The amendments nounce that the Senate Committee on MENT STATUS.— made by this subsection shall apply to sales ‘‘(I) The name of the person in the individ- Indian Affairs and the Senate Com- or other dispositions occurring on or after mittee on Energy and Natural Re- ual’s family who has current or former em- the date of the enactment of this Act. ployment status with the employer. sources will meet during the session of f ‘‘(II) That person’s social security insur- the Senate on Wednesday, July 14, 1999, ance number. NOTICES OF HEARINGS at 9:30 a.m., to conduct a joint over- ‘‘(III) The number or other identifier as- sight hearing on the Report of the Gen- signed by the plan to that person. COMMITTEE ON ENERGY AND NATURAL RESOURCES eral Accounting Office (GAO) on the In- ‘‘(IV) The periods of coverage for that per- terior Department’s Planned Trust son under the plan. Mr. CRAIG. Mr. President, I would ‘‘(V) The employment status of that person like to announce for the public that a Fund Reform. The hearing will be held (current or former) during those periods of hearing has been scheduled before the in room 216 of the Hart Senate Office coverage. Subcommittee on Forests and Public Building. ‘‘(VI) The classes (of that person’s family Land Management of the Senate Com- Those wishing additional information members) covered under the plan. mittee on Energy and Natural Re- should contact the Committee on In- ‘‘(iii) PLAN ELEMENTS.— dian Affairs at (202) 224–2251. ‘‘(I) The items and services covered under sources. f the plan. The hearing will take place Wednes- ‘‘(II) The name and address to which day, July 21, 1999, at 2 p.m., in room ADDITIONAL STATEMENTS claims under the plan are to be sent. SD–366 of the Dirksen Senate Office ‘‘(iv) ELEMENTS CONCERNING THE EM- Building in Washington, DC. PLOYER.— The purpose of this hearing is to re- OLIVER NORTH ARTICLE ON ‘‘(I) The employer’s name. GENERAL CHUCK KRULAK, USMC ‘‘(II) The employer’s address. ceive testimony on S. 1184, a bill to au- ‘‘(III) The employer identification number thorize the Secretary of Agriculture to ∑ Mr. BURNS. Mr. President, a couple of the employer. dispose of land for recreation or other of weeks ago, I stood on the floor in ‘‘(D) USE OF IDENTIFIERS.—The adminis- public purposes. S. 1129, a bill to facili- recognition of General Chuck Krulak’s trator of a group health plan shall utilize a tate the acquisition of inholdings in retirement as Commandant of the unique identifier for the plan in providing in- Federal land management units and United States Marine Corps. Since formation under subparagraph (A) and in the disposal of surplus public land, and then, I’ve attended the change of com- other transactions, as may be specified by for other purposes, and H.R. 150, a bill the Secretary, related to the provisions of mand ceremony at the Marine Bar- this subsection. The Secretary may provide to amend the act popularly known as racks, and I must say, I was impressed to the administrator the unique identifier the Recreation and Public Purposes with how General Krulak reminded us described in the preceding sentence. Act to authorize disposal of certain once again what makes Marines and ‘‘(E) PENALTY FOR NONCOMPLIANCE.—Any public lands or national forest lands to the U.S. Marine Corps important. entity that knowingly and willfully fails to local education agencies for use for ele- I am equally impressed with the con- comply with a requirement imposed by the mentary or secondary schools, includ- duct of General James Jones, the new previous subparagraphs shall be subject to a ing public charter schools, and for Commandant, and his recognition of civil money penalty not to exceed $1,000 for other purposes. each incident of such failure. The provisions the challenge he faces in following of section 1128A (other than subsections (a) Those who wish to submit written General Krulak’s command. I wish him and (b)) shall apply to a civil money penalty statements should write to the Com- well and encourage him to continue the under the previous sentence in the same mittee on Energy and Natural Re- traditions maintained by his prede- manner as those provisions apply to a pen- sources, U.S. Senate, Washington, DC cessor in dealing with Congress. alty or proceeding under section 1128A(a).’’. 20510. For further information, please I come to the floor again today for (2) EFFECTIVE DATE.—The amendment call Mark Rey at (202) 224–6170. one final addition to General Krulak’s made by paragraph (1) shall take effect 180 COMMITTEE ON ENERGY AND NATURAL record before Congress. Oliver North days after the date of the enactment of this RESOURCES wrote an excellent editorial recently in Act. (c) MODIFICATION OF INSTALLMENT METHOD Mr. CRAIG. Mr. President, I would the Washington Times that captures AND REPEAL OF INSTALLMENT METHOD FOR like to announce for the public that a the exceptional performance of the ACCRUAL METHOD TAXPAYERS.— hearing has been scheduled before the Commandant. I ask consent to have it (1) REPEAL OF INSTALLMENT METHOD FOR AC- Subcommittee on Forests and Public printed in the RECORD. CRUAL BASIS TAXPAYERS.— Land Management of the Senate Com- The material follows: (A) IN GENERAL.—Subsection (a) of section mittee on Energy and Natural Re- SEMPER FIDELIS 453 of the Internal Revenue Code of 1986 (re- lating to installment method) is amended to sources. (By Lt. Col. Oliver L. North (Ret.)) read as follows: The hearing will take place Wednes- WASHINGTON, DC.—One recent morning, an ‘‘(a) USE OF INSTALLMENT METHOD.— day, July 22, 1999, at 2 p.m., in room invitation arrived in the mail. It was to a re- ‘‘(1) IN GENERAL.—Except as otherwise pro- SD–366 of the Dirksen Senate Office tirement ceremony at the Marine Barracks vided in this section, income from an install- Building in Washington, DC. here in our nation’s capital. I’ve probably ment sale shall be taken into account for The purpose of this hearing is to re- been to more than a hundred of these rites of purposes of this title under the installment ceive testimony from the U.S. General passage since I joined the Corps more than method. three decades ago. I won’t be able to attend ‘‘(2) ACCRUAL METHOD TAXPAYER.—The in- Accounting Office on a recent GAO re- and had to send my sincere regrets for the stallment method shall not apply to income port, 99–166, regarding Forest Service invitation was to the retirement ceremony from an installment sale if such income land management priorities. Within for a friend—General Charles C. Krulak, the would be reported under an accrual method this context, GAO will also provide an 31st Commandant of the Marine Corps. July 12, 1999 CONGRESSIONAL RECORD — SENATE S8293 Now, Marine Lieutenant Colonels, even The power brokers in Washington, who ered that some messages could be those of us no longer on active service, favor ‘‘yes men’’ over honest men, probably paired as having been ‘‘randomized’’ by aren’t in the habit of referring to Generals as won’t miss Chuck Krulak very much. But his the same pad and page carrying ran- friends—particularly when the General in Marines will. And I will—mostly because I dom additive digits (and hence were question is the top Marine. And we sure remember him as a young Captain of Infan- don’t offer a public critique of his perform- try, thirty years ago, when we served to- solvable). ance as Commandant of all Marines. It just gether in a corner of hell called Vietnam. He Such mixed pairs were worked on by isn’t done. was then, as he is today, a warrior and a man a small group of women led by Katurah But in this case, somebody needs to do it. of principle, integrity and character. He em- ‘‘Katie’’ McDonald. This group had al- Because when Chuck Krulak takes off his bodied then, as he does today, the guiding ready produced a remarkable amount Dress Blues with those four stars on the ethos of the Marines—Semper Fidelis—Al- of code text, and the code-groups that shoulders for the last time as he will at the ways Faithful. end of this month, the conscience of the had appeared so far had even been in- Mr. BURNS. Mr. President, I believe dexed in context by a card machine. Joint Chiefs of Staff will have retired. And in you can see how fitting it is that this this town, that kind of moral authority is The material was just awaiting the ap- going to be missed more than most people re- article be included in the RECORD.∑ pointment of a linguist, and Gardner alize. f ‘‘appointed himself’’ to be it. It was the For four years, Chuck Krulak has been MEREDITH GARDNER easy stage, but without it all the pre- ‘‘the General who tells it like it is’’—in pub- paratory work would have been for lic and in private. Whether in testimony on ∑ Mr. MOYNIHAN. Mr. President. I rise nothing. Capitol Hill, in the Pentagon’s ‘‘tank’’ where today to pay tribute to Meredith Gard- the Joint Chiefs of Staff meet, or at the Gardner’s reconstruction of the for- ner, long unsung contributor to the eign intelligence (VENONA) code book White House, Chuck Krulak could be counted identification of spies. Described by upon to tell the truth—whether they wanted was slow at first, but gained momen- to hear it or not. His reputation for integrity the FBI’s Robert Joseph Lamphere as tum. Because some recruits were in a city that too little values this virtue is ‘‘the greatest counter-intelligence tool named in the messages and given cover unparalleled—and a credit to the Corps of this country has ever known,’’ Gardner names, it became obvious that the FBI Marines he has led through some of the most was the National Security Agency’s ought to receive translations of the ca- tumultuous events in our history. His stead- leading enabler of the reading of thou- bles. Special agent Robert Joseph fast devotion to his 174,000 Marines is evident sands of enciphered cables intercepted in all that he has said and done as Com- Lamphere was assigned to be the (very from Soviet foreign intelligence in the efficient) link between the NSA and mandant. And very little of it endeared him 1940’s. The NSA, under its various to an administration hell bent on FBI. The next is history. downsizing, feminizing, and de-‘‘moralizing’’ names, spent four decades deciphering Gardner spent 27 years working on America’s Armed Forces. what Moscow intended to be an un- the ‘‘Russian problem’’ before retiring When General Krulak was appointed Com- breakable Soviet cipher. Gardner and in 1972. He and his wife of 56 years, mandant in 1995, the Clinton White House his team painstakingly worked on Blanche, who also worked for the Army was busy taking an axe to America’s defense these messages in a project which came establishment. By the time these draconian Security Agency, now spend part of to be known eventually as ‘‘VENONA.’’ their time teaching Latin to a small cuts were done, the Army would lose eight The resulting VENONA decrypts, active combat divisions. The Air Force and group of students. I commend Mr. Navy would lose 20 air wings—and 2,000 com- which were finally revealed publicly in Gardner for the invaluable assistance bat aircraft. Another 232 strategic bombers, 1995, detail the Soviet’s espionage ef- he has given to our country, which we 13 ballistic missile submarines, four aircraft forts in the United States during and are only now beginning to realize and carriers, all of our battleships, and more after World War II. understand. I salute Mr. Gardner for than 100 other combat vessels would be sent Gardner has a genius for learning his dedicated and important service.∑ to the boneyard. Only the Marine Corps was languages, and is fluent in German, f able to withstand Commander-in-Chief Clin- Spanish, French and Russian and has ton’s quest for a mothballed military. had courses in Old High and Middle TRIBUTE TO MR. LARRY STOLTE, And it didn’t stop there. The Marines were ON HIS RETIREMENT badgered to make their boot camps co-ed. High German, Old Norse, Gothic, Lith- General Krulak said no. The Corps was told uanian, and Sanskrit. He taught lan- ∑ Mr. SMITH of New Hampshire. Mr. that it should put women in ground combat guages at the Universities of Texas and President, I rise today to acknowledge assignments in their expeditionary forces. Wisconsin before being recruited by the and commend Mr. Larry Stolte as he Again, the top Marine said no. When the U.S. Army’s Signals Intelligence Serv- retires from the United States Fish and Pentagon started talking about relaxing the ice (the precursor to the National Se- Wildlife Service. standard on sexual misconduct, Chuck curity Agency) shortly after the Japa- Larry’s career in New England began Krulak just said, no. And when a Clinton po- litical appointee responsible for ‘‘femi- nese bombed Pearl Harbor. The Army as a fisheries biologist in 1969 with the nizing’’ the military decried the Marines as wanted people fluent in many lan- New Hampshire Fish and Game Depart- ‘‘extremists,’’ the Commandant fired back a guages to work on breaking German ment, working on the introduction of blistering response that yes, they were, ‘‘ex- and Japanese codes. Until 1955 Gardner Coho salmon in the Great Bay area. In tremely fit, extremely faithful and ex- worked at Arlington Hall, a former 1975, he joined the United States Fish tremely patriotic.’’ In every case he was girl’s school located 10 miles outside and Wildlife Service and became the right. Washington, which served as the Atlantic Salmon Planner for New Eng- And he didn’t give an inch when the Army’s headquarters for code-breaking vaunted Clinton ‘‘National Security Team’’ land. Larry took the lead in developing acted as though the Marines had done so operations. Gardner soon added Japa- an Atlantic salmon strategic plan for much for so long with so little that they nese to his repertoire of languages. By southern New England, and chaired the could continue to do everything with noth- chance, he became the first American state committee that developed the At- ing forever. Faced with unprecedented global to read in an intercepted message the lantic salmon plan for Maine’s rivers. commitments and the prospect of declining Japanese word for atom bomb, ‘‘genshi- While working to restore Atlantic readiness, Krulak pulled no punches. He told bakudan.’’ salmon to New England’s waterways, the House and Senate Armed Services Com- When the war with Japan ended, the Larry began researching the ‘‘king of mittees that the Marines were ready to per- NSA phased out its Japanese section. form Mission Impossible—but that they gamefish’’ in the Merrimack River. He needed to be better armed and equipped. He Gardner learned that there was a sec- documented his research in a book ti- got what he wanted. tion working on Soviet Union messages tled ‘‘The Forgotten Salmon of the While the other branches of our Armed (its existence was kept secret) and he Merrimack,’’ which was published in Forces struggle to meet recruiting and re- transferred into it. Gardner insists 1981 and is recognized by many as the tention goals, lower their entrance stand- that the most arduous efforts to make most accurate record of the history of ards, ease training requirements and try to the messages readable had already been the Atlantic salmon in the Merrimack make military service less ‘‘military’’—the done before he came along. First, the Corps has done exactly the opposite. Krulak River. extended boot camp—adding his ‘‘Crucible messages had to be sorted into at least For the past 15 years, Larry has been Training’’ to the already rigorous initiation four varieties, each used by representa- the Fish and Wildlife Service’s coordi- into the Corps. His Marines loved him for it, tives of separate Soviet government nator for anadromous fish restoration and the Corps has thrived. departments. It had also been discov- in the Merrimack River. He has also S8294 CONGRESSIONAL RECORD — SENATE July 12, 1999 chaired the U.S. Atlantic Salmon As- making this their third award since Sy’s sense of responsibility for both sessment Committee and has been a 1987. Since the Award’s inception in his colleagues and neighbors has working member of the International 1987, eight other stations in Minnesota brought him success in the past. With Commission on the Exploration of the have joined the ranks receiving the his determination to succeed rooted in Seas’ North Atlantic Salmon Working Crystal. These stations are WJON–AM this responsibility he will surely con- Group. in St Cloud, KSJN–FM in St. Paul, tinue to be a positive role model for his Larry has devoted his entire career WWTC–AM, WCCO–AM, KQRS–FM/AM community. to restoring anadromous fish to New in Minneapolis (twice), KCUE–AM in Mr. President, I would like to wish England rivers. His dedication and per- Red Wing, KWOA–AM in Worthington, Sy my sincere congratulations and best severance has been an inspiration to and WLTE–FM in Minneapolis. wishes. While running a successful fam- those who have worked toward this ef- I congratulate KBHP–FM for this ily business, Sy had dedicated much of fort. Upon his retirement from the great achievement and enter into the his time to having a positive impact on United States Fish and Wildlife Serv- RECORD a brief description of the Sta- his community. His accomplishments ice, Larry and his wife Tracy will re- tion’s work from the Cyrystal Radio are truly remarkable. It is an honor to side in Montana. I would like to thank Award program.∑ represent him in the United States Larry for his hard work and dedication f Senate.∑ to the restoration efforts of New Eng- f ROBERT B. CONROY land Rivers. It is an honor to represent 50TH ANNIVERSARY OF THE AIR Mr. LIBERMAN. Mr. Presdient, I rise Larry in the United States Senate.∑ ∑ FORCE MEDICAL SERVICE f today to pay tribute to Robert B. Conroy of Westport Connecticut. Cap- ∑ Mr. INOUYE. Mr. President, this OUR OUTSTANDING AMBASSADOR tain Conroy is a dedicated Veteran of month marks the 50th anniversary of IN BEIJING—JIM SASSER World War II, a proud family man, and the Air Force Medical Service. On July ∑Mr. KENNEDY. Mr. President. I join a fine example of the powerful Amer- 1, 1949, the Air Force Medical Service many other Senators in welcoming our ican Spirit that weaves it way through was created, beginning a strong and former colleague, Ambassador James the nation’s history. rich tradition of providing health care Sasser, back to the United States after A member of the 359th Fighter to military personnel and their fami- his outstanding service as our Ambas- Squardon and the 356th Fighter Group, lies. sador to the People’s Republic of Captain Conroy’s plane was shot down Since the Korean War, the Air Force Medical Service has provided aerospace China. by German forces over France in America has vital foreign policy in- Janaury of 1944. Despite his injuries, medicine support to our aviators. From ensuring pilots are physically fit to terests in China, and Ambassador Sas- Captain Conroy survived as a prisoner stand the rigors of flight to bringing ser has represented those interests of war in Stalag Luft I for sixteen physiological expertise to the design of skillfully and effectively for more than months until the camp was liberated fighter jet aircraft, aerospace medical three years. by Russian troops. personnel have maximized the perform- During his service as Ambassador, he Captain Conroy’s list of medals, in- ance and safety of our pilots. has worked diligently to restore high cluding the Purple Heart and the Dis- Aeromedical evacuation of casualties level summitry between China and the tinguished Flying Cross, only begin to proved valuable during World War II, United States. His able leadership has tell the story about what makes him a and became the preferred mode of cas- made the American Embassy in Beijing true American hero. After his military ualty evacuation during the Korean more responsive to the concerns and career, Captain Conroy raised and sup- War. The Air Force Medical Service is interests of American business. He has ported a family while building a suc- responsible for fixed wing aircraft also worked tirelessly to promote dia- cessful career in advertising. The prin- evacuation and manages a world-wide logue with the Dalai Lama. ciples of honor, integrity, and devotion system for peacetime and wartime In the aftermath of the tragic, mis- to duty that he displayed during World aeromedical evacuation. taken bombing of China’s embassy in War II have remained a critical part of Today, the Air Force Medical Service Belgrade in May, America’s embassy in his life and are the same principles he operates 37 medical center and hos- Beijing was under siege, and Ambas- has instilled in his children. I hope my pitals and 41 clinics around the world, sador Sasser was virtually held hostage colleagues will join me in thanking providing health care to a wide range in the embassy. During this extraor- Captain Robert Conroy for his service, of beneficiaries. When the Air Force dinarily difficult time, he ensured that both military and civilian, to this Medical Services was created, only 4 American personnel were safe and ac- great nation.∑ percent of military troops had depend- counted for. He displayed remarkable f ents. However, seventy percent of mili- courage during this ordeal, and made TRIBUTE TO SY MAHFUZ tary personnel serving today have fam- America proud of him. ilies. These dynamic changes have All of us who worked with Ambas- ∑ Mr. SMITH of New Hampshire. Mr. broadened the needs and expectations sador Sasser in the Senate knew he President, I rise today to honor Sy for medical services. In recent years, would excel when President Clinton Mahfuz, of Nashua, New Hampshire, for constrained resources and the initi- nominated him for this position. I con- being selected a 1999 Business Leader of ation of TRICARE have added to the gratulate him on a job well done. We the Year by Business NH Magazine. challenges. The Air Force Medical are proud of his remarkable accom- Sy, the owner of Persian Rug Gal- Service has always found innovative plishments and the efforts he has made leries, has lived in Nashua for 46 years. ways to ensure the mission was accom- to strengthen the U.S.-China relation- His business is a fixture on Main Street plished. ship.∑ and draws customers from all over the I congratulate the 52,000 men and f Northeast and New York. Persian Rug women of the Air Force Medical Serv- Galleries is known for both the quality ice on this milestone. I am confident HONORING KBHP RADIO FOR THE of its products and the expertise of its that the proud traditions of the Air CRYSTAL RADIO AWARD employees. Force Medical Service will continue as ∑ Mr. GRAMS. Mr. President, I rise Sy dedicates his time both to his its men and women provide the best today to pay tribute to a Minnesota business and to the community. In combat medical support, aeromedical radio station from Bemidji, KBHP–FM, 1994, he fought to pass a bill which pro- evaluation of the sick and injured, and for geing honored with the 1999 Crystal tests consumers from ‘‘going out of health care to Air Force communities.∑ Radio Award given by the National As- business’’ sales. He also is a major or- f sociation of Broadcasters. The Crystal ganizer of many downtown events. His Radio Award recognizes stations for leadership role in planning Twist the RECOGNITION OF GENE CLAWSON, their year-round commitment to com- Night Away brought an estimated JR. munity service. KBHP–FM was one of 100,000 people to Nashua’s Main Street ∑ Mr. BURNS. Mr. President, I rise ten stations chosen to receive Crystals, in 1998. today to recognize a great Montanan July 12, 1999 CONGRESSIONAL RECORD — SENATE S8295 who is a man of extraordinary talents stroying families, it is refreshing to see lot measures to approve the issuance of and accomplishments, one of the most an example of how the shooting sports general obligation bonds for building notable being President of the Amateur can bring a family closer together. the facilities appeared just about every Trapshooting Association. This Asso- Mr. President, I recognize Mr. Gene election. Or so it seemed. ciation is the largest clay target shoot- Clawson, Jr. and congratulate him for The discovery of tranquilizers was ing organization in the world with his accomplishments as an amateur adventitious. Physicians were seeking more than 100,000 members. This year trapshooter, father, and businessman. I cures for disorders they were just be- as President, he will preside over the was him and his family the best and ginning to understand. Even a limited Grand American 100th Anniversary much success in their future endeavors. success made it possible to believe that trapshoot in Vandalia, Ohio from Au- Please join with me in recognizing this the incidence of this particular range gust 12–21, 1999. great Montanan and outstanding of disorders, which had seemingly re- This past week in Missoula, Mon- American.∑ quired persons to be confined against tana, July 8 was designated Gene Claw- f their will or even awareness, could be son, Jr. Day by the Montana State greatly reduced. The Congressional Trapshooting Association to recognize DEINSTITUTIONALIZATION OF THE Commission submitted its report in his dedication and service to this sport. MENTALLY ILL 1961; it was seen to propose a nation- Gene’s dedication started over 40 years Mr. MOYNIHAN. Mr. President, this wide program of deinstitutionalization. ago when he began shooting with his past Friday (July 9, 1999), the Wash- Late in 1961 President Kennedy ap- father and brother. When Gene started, ington Post carried an excellent op-ed pointed an interagency committee to he dominated state junior competi- piece, ‘‘Deinstitutionalization Hasn’t prepare legislative recommendations tions and earned All-American status. Worked,’’ by E. Fuller Torrey and based on the report. I represented Sec- His dedication and love for the sport Mary T. Zdanowicz. The authors are retary of Labor Arthur J. Goldberg on this committee and drafted its final propelled him to win 10 state cham- the president and executive director, submission. This included the rec- pionships, a national doubles Class AA respectively, of the Treatment Advo- ommendation of the National Institute championship. He was selected to the cacy Center. They write about the con- of Mental Health that 2,000 ‘‘commu- Montana All-State Team thirty-one tinued stigma attached to mental ill- nity mental health centers’’ (one for times and in 1995 he was inducted into ness. They write about barriers to every 100,000 people) be built by 1980. A treatment. Most important, they write the Montana State Trapshooting Asso- buoyant Presidential Message to Con- about the aftermaths of deinstitu- ciation Hall of Fame. One of his more gress followed early in 1963. ‘‘If we tionalization, and the seemingly hor- phenomenal accomplishments was apply our medical knowledge and so- rific effects this policy has had. shooting the amazing ‘‘perfect’’ dou- cial insights fully,’’ President Kennedy In this morning’s New York Times bles score of 100 for a total of sixteen stated, ‘‘all but a small portion of the (July 12, 1999), Fox Butterfield writes times. mentally ill can eventually achieve a Gene’s service to trapshooting also about a Department of Justice report wholesome and a constructive social has been an unusual example of released yesterday which states that adjustment.’’ A ‘‘concerted national at- some 283,800 inmates in the nation’s unfaltering support and leadership. tack on mental disorders [was] now jails and prisons suffer from mental ill- Gene started out helping his father possible and practical.’’ The President ness. (This is a conservative estimate.) with the duties of secretary-treasurer signed the Community Mental Health of the Missoula Trap and Skeet Club. As Butterfield puts it, ‘‘. . . jails and Centers Construction Act on October From there his involvement grew to in- prisons have become the nation’s new 31, 1963—his last public bill signing clude being on the club’s board of di- mental hospitals.’’ ceremony. He gave me a pen. rectors, Montana’s delegate to the Over the past 45 years, we have The mental hospitals emptied out. Amateur Trapshooting Association, emptied state mental hospitals, but we The number of patients in state and and the Western Zone Vice-President have not provided commensurate out- county mental hospitals peaked in 1955 for the Association in which he pre- patient treatment. Increasingly, indi- at 558,922 and has declined every year sided over 13 western States and Cana- viduals with mental illnesses are left since then, to 61,722 in 1996. But we dian provinces. Now as the President of to fend for themselves on the streets, never came near to building the 2,000 the Amateur Trapshooting Associa- where they victimize others or, more community mental health centers. tion, he deals with virtually all of the frequently, are victimized themselves. Only some 482 received Federal con- Association’s business. In all his en- Eventually, many wind up in prison, struction funds from 1963 to 1980. The deavors, he has gained the respect and where the likelihood of treatment is next year, 1981, the program was folded admiration of many people as well as nearly as remote. into the Alcohol, Drug Abuse, and Men- to inspiring others to participate in the This is a cautionary tale, instructive tal Health block grant program, where this exciting sport. of what is possible and also what we it disappeared from view. In addition to being a master of his ought to be aware of. I was in the Har- Even when centers were built, the re- sport, he is also a successful business- riman administration in New York in sults were hardly as hoped for. David man. He has been President of the fam- the 1950s. Early in 1955, Harriman met Musto has noted that the planners had ily-owned business, Clawson Manufac- with his new Commissioner of Mental bet on improving national mental turing, for over 30 years. When his fa- Hygiene, Paul Hoch, who described the health ‘‘by improving the quality of ther started the business in 1948, they development of a tranquilizer derived general community life through expert concentrated on unfinished furniture from rauwolfia by Dr. Nathan S. Kline knowledge [my emphasis], not merely and cut stock. Since then, Gene has at what was then known as Rockland by more effective treatment of the al- moved the company into designing, State Hospital (it is now the Rockland ready ill.’’ The problem was: there is producing, and selling windows and Psychiatric Center) in Orangeburg. The no such knowledge. Nor is there. But roof trusses worldwide. medication had been clinically tested the belief there was such knowledge Gene is also a dedicated family man. and appeared to be an effective treat- took hold within sectors of the profes- Ranging in ages from 12 to 79, the ment of many patients. Dr. Hoch rec- sion, which saw institutions as an un- Clawsons are an amazing example of ommended that it be used system wide; acceptable mode of social control. family tradition, devotion, support, Harriman found the money. These activists subscribed to a rede- and success. For several years, three That same year Congress created a fining mode of their own, which they generations of Clawsons have hunted Joint Commission on Mental Health considered altruistic: mental patients elk, waterfowl, and upland birds to- and Illness with a view to formulating were said to have been ‘‘labeled,’’ and gether. Three of Gene’s sons (Nick, ‘‘comprehensive and realistic rec- were not to be drugged. So as the Fed- Bill, and Brad) have followed in their ommendations’’ in this area which was eral government turned to other mat- father’s footsteps in excelling at trap- then a matter of considerable public ters, the mental institutions continued shooting competitions. Now his grand- concern. Year after year the population to release patients, essentially to fend son has joined the firing line. In these of mental institutions grew; year after for themselves. There was no connec- days when guns are associated with de- year new facilities had to be built. Bal- tion made: we’re quite capable of that S8296 CONGRESSIONAL RECORD — SENATE July 12, 1999 in the public sphere. Professor Fred- to treat these illnesses are devastating. The report found that mentally ill inmates erick F. Siegel of Cooper Union ob- While Americans with untreated severe men- in state prisons were more than twice as served: ‘‘in the great wave of moral de- tal illnesses represent less than one percent likely to have been homeless before their ar- regulation that began in the mid-1960s, of our population, they commit almost 1,000 rests than other inmates, twice as likely to homicides in the United States each year. At have been physically or sexually abused in the poor and the insane were freed least one-third of the estimated 600,000 childhood and far more likely to have been from the fetters of middle-class homeless suffer from schizophrenia or using drugs or alcohol. mores.’’ Soon, the homeless appeared. manic-depressive illness, and 28 percent of In another reflection of their chaotic lives, Only to be defined as victims of an in- them forage for some of their food in garbage the study found that emotionally disturbed sufficient supply of affordable housing. cans. About 170,000 individuals, or 10 percent, inmates had many more incarcerations than No argument, no amount of evidence of our jail and prison populations suffer from other inmates. More than three-quarters of them had been sentenced to jail or prison be- has yet affected that fixed ideological these illnesses, costing American taxpayers a staggering $8.5 billion per year. fore, and have had served three or more prior view. Moreover, studies suggest that delaying sentences. I commend these two articles to my treatment results in permanent harm, in- One of the most striking findings in the colleagues and ask that they be printed cluding increased treatment resistance, study, and the one most likely to be dis- in the RECORD. worsening severity of symptoms, increased puted, is that mentally ill inmates in state The articles follow: hospitalizations and delayed remission of prisons were more likely than other pris- oners to have been convicted of a violent [From the Washington Post, July 9, 1999] symptoms. In addition, persons suffering from severe psychiatric illnesses are fre- crime. Too, many emotionally disturbed in- DEINSTITUTIONALIZATION HASN’T WORKED quently victimized. Studies have shown that mates were arrested for little more than bi- ‘‘WE HAVE LOST EFFECTIVELY 93 PERCENT OF 22 percent of women with untreated schizo- zarre behavior or petty crimes, like loitering OUR STATE PSYCHIATRIC HOSPITAL BEDS phrenia have been raped. Suicide rates for or public intoxication, but the report, by the SINCE 1955’’ these individuals are 10 to 15 times higher Justice Department’s Bureau of Justice Sta- tistics, did not offer any breakdown on this (By E. Fuller Torrey and Mary T. Zdanowicz) than the general population. Weak state treatment laws coupled with category of convictions. The White House Conference on Mental Moreover, once incarcerated, emotionally inadequate psychiatric hospital beds have Health identified stigma and discrimination disturbed inmates in state prisons spend an only served to compound the devastation for as the most important barriers to treatment average of 15 months longer behind bars than this population. Nearly half of those suf- for the mentally ill. For the most severely others, often because their delusions, hallu- fering from these insidious illnesses do not ill, there are more significant barriers to cinations or paranoia make hem more likely realize they are sick and in need of treat- treatment, such as laws that prevent treat- to get into fights or receive disciplinary re- ing individuals until they become dangerous. ment, because their brain disease has af- ports. These laws and our failure to treat individ- fected their self-awareness. Because they do ‘‘This study provides data to show that the uals with schizophrenia and manic-depres- not believe they are sick, they refuse medi- incarceration of the mentally ill is a disas- sive illness are, ironically, the leading cation. Most state laws today prohibit treat- trous, horrible social issue,’’ said Kay causes of stigma and discrimination against ing individuals over their objection unless Redfield Jamison, a professor of psychiatry those with mental illnesses. they pose an immediate danger to them- at the Johns Hopkins School of Medicine. Stigma is created by the sort of headlines selves. In other words, an individual must ‘‘There is something fundamentally broken that result when a person is not being treat- have a finger on the trigger of a gun before in the system that covers both hospitals and ed for mental illness and shoots two Capitol any medical care will be prescribed. jails,’’ said Professor Jamison, the author of police officers to death, or pushes an inno- Studies have proved that outpatient com- ‘‘Night Falls Fast: Understanding Suicide,’’ cent victim in front of a speeding subway mitment is effective in ensuring treatment to be published later this year by Knopf. train. Some 20 years of research has proven compliance. While many states have some With the wholesale closings of public men- this point. form of assisted treatment on the books, the tal hospitals in the 1960’s, and the prison A 1996 study published in the Journal of challenge remains in getting them to utilize boom of the last two decades, jails are often Community Psychology demonstrated that what is at their disposal rather than toler- the only institutions open 24 hours a day and negative attitudes toward people with men- ating the revolving-door syndrome of hos- required to take the emotionally disturbed. tal illnesses increased greatly after people pital admissions, readmissions, abandon- The hospitals were closed at a time when read newspaper articles reporting violent ment to the streets and incarceration that new antipsychotic drugs made medicating crimes by the mentally ill. Henry J. Stead- engulfs those not receiving treatment. patients in the community seem a humane Adequate care in psychiatric facilities also man, an influential public opinion re- alternative to long-term hospitalization. must be available. Between 5 and 10 percent searcher, wrote as far back as 1981: ‘‘Recent From a high of 559,000 in 1955, the number of of the 3.5 million people suffering from schiz- research data on contemporary populations patients in state hospitals dropped to 69,000 ophrenia and manic-depressive illness re- of ex-mental patients supports these public in 1995. quire long-term hospitalization—which But drugs work only when taken and many fears [of dangerousness] to an extent rarely means hospitalization in state psychiatric states failed to build a promised network of acknowledged by mental health profes- hospitals. This critical need is not being clinics to monitor patients. To compound sionals. . . . It is [therefore] futile and inap- met, since we have lost effectively 93 percent the problem, for-profit hospitals began turn- propriate to badger the news and entertain- of our state psychiatric hospital beds since ing away the psychotic, who tend to be more ment media with appeals to help 1955. expensive and stay longer than other pa- destigmatize the mentally ill.’’ It is time to recognize that feel-good men- tients, and are often without health insur- Tipper Gore and the White House must tal health policies have caused grave suf- ance. tackle 30 years of failed deinstitutionaliza- fering for those most ill and that real solu- At the same time, the number of jail and tion policy if they hope to win the battle of tions must be developed. The lives of mil- prison beds has quadrupled in the last 25 mental illness stigma and solve the nation’s lions of Americans depend on it. years, with 1.8 million Americans now be- mental illness crisis. Hundreds of thousands hind bars. of vulnerable Americans are eking out a piti- [From the New York Times July 12, 1999] ‘‘Jails have become the poor person’s men- ful existence on city streets, underground in tal hospitals,’’ said Linda A. Teplin, a pro- subway tunnels or in jails and prisons be- NATIONAL REPORT—PRISONS BRIM WITH MENTALLY ILL, STUDY FINDS fessor of psychiatry and director of the psy- cause of the misguided efforts of civil rights cho-legal studies program at Northwestern (By Fox Butterfield) advocates to keep the severely ill out of hos- University. pitals and out of treatment. The first comprehensive study of the rap- After years of inattention by the Govern- The images of these gravely ill citizens on idly growing number of emotionally dis- ment, the problem has generated a flurry of our city landscapes are bleak reminders of turbed people in the nation’s jails and prison interest in the Clinton Administration, led the failure of deinstitutionalization. They has found that there are 283,800 inmates with by Tipper Gore and Attorney General Janet are seen huddling over steam grates in the mental illness, about 16 percent of the jail Reno, whose department is sponsoring a cold, animatedly carrying on conversations population. The report confirms the belief of major conference on it next week. with invisible companions, wearing filthy, many state, local and Federal experts that All previous estimates of the number of tattered clothing, urinating and defecating jails and prisons have become the nation’s emotionally disturbed inmates have been on sidewalks or threatening passersby. new mental hospitals. based on research by Professor Teplin in the Worse still, they frequently are seen being The study, released by the Justice Depart- Cook County Jail in Chicago. She found that carried away on stretchers as victims of sui- ment yesterday, paints a grim statistical 9.5 percent of male inmates there had experi- cide or violent crime, or in handcuffs as per- portrait, detailing how mentally ill inmates enced a severe mental disorder like schizo- petrators of violence against others. tend to follow a revolving door from home- phrenia, manic depression or major depres- All of this occurs under the watchful eyes lessness to incarceration and then back to sion, four times the rate in the general popu- of fellow citizens and government officials the streets with little treatment, many of lation. who do nothing but shake their heads in them arrested for crimes that grow out of Professor Teplin said that while she wel- blind tolerance. The consequences of failing their illnesses. comed the Justice Department count, it was July 12, 1999 CONGRESSIONAL RECORD — SENATE S8297 open to question because the study relied on CLD, a civil engineering firm, has through its signatory, COMSAT, in the es- reports by the inmates themselves, who were specialized in public projects which tablishment of Inmarsat, which enabled asked whether they had a mental condition benefit many New Hampshire resi- member countries to provide mobile satellite or had ever received treatment for a mental dents. These projects include the trans- services such as international maritime and problem. People with emotional disorders global maritime distress and safety services often are not aware of them or do not want formation of Manchester’s Elm Street to include other satellite services, such as to report them, she said, so the Justice De- into a more pedestrian-friendly envi- land mobile and aeronautical communica- partment estimate of more than a quarter- ronment, improving the traffic pattern tions services. million inmates with mental illness may ac- at the Mall of New Hampshire, and a (4) By statute, COMSAT, a publicly traded tually be too low, Professor Teplin said. new project to design Manchester’s new corporation, is the sole United States signa- In addition, she said, the study was not two-mile long Riverwalk. tory to INTELSAT and, as such, is respon- conducted by mental health professionals In addition to engineering designs, sible for carrying out United States commit- using diagnostic tests, so it was impossible CLD has had an extremely positive im- ments under the INTELSAT Agreement and to tell what mental disorders the inmates the INTELSAT Operating Agreement. Pursu- suffered from, and whether they were severe pact in the community. The firm has sponsored a Boy Scout Explorer Post, ant to a binding Headquarters Agreement, illnesses, like schizophrenia, or generally the United States, as a party to INTELSAT, less severe problems, like anxiety disorders. engineering competitions, high school has satisfied many of its obligations under The study found that 53 percent of emo- internships, and mentoring programs the INTELSAT Agreement. tionally disturbed inmates in state prisons at local schools. I applaud not only (5) In the 37 years since enactment of the were sentenced for a violent crime, compared their business success, but also their Communications Satellite Act of 1962, sat- with 46 percent of other prisoners. Specifi- dedication to serving their community. ellite technology has advanced dramatically, cally, 13.2 percent of mentally ill inmates in As a former small business owner large-scale financing options have improved prisons had been convicted of murder, com- immensely and international telecommuni- pared with 11.4 percent of other prisoners, myself, I understand the hard work and dedication required for success in busi- cations policies have shifted from those of and 12.4 percent of mentally ill inmates had natural monopolies to those based on market been convicted of sexual assault, compared ness. Once again, I wish to congratu- forces, resulting in multiple private commer- with 7.9 percent of other prisoners. late CLD Consulting Engineers for cial companies around the world providing, Advocates for the mentally ill have worked being selected as a 1999 Business of the or preparing to provide, the domestic, re- hard to show that emotionally disturbed peo- Year by the Business NH Magazine. It gional, and global satellite telecommuni- ple are no more violent than others, to try to is an honor to represent them in the cations services that only INTELSAT and lessen the stigma surrounding mental ill- United States Senate. Inmarsat had previously had the capabilities ness. But recent research, while confirming ∑ f to offer. that mentally ill people may not be more (6) Private commercial satellite commu- violent than others, suggests that they can OPEN-MARKET REORGANIZATION nications systems now offer the latest tele- become violent in a number of conditions, FOR THE BETTERMENT OF communications services to more and more including when they are off their medica- countries of the world with declining costs, tions or are taking drugs or alcohol. INTERNATIONAL TELECOMMUNI- CATIONS ACT making satellite communications an attrac- In another important finding, also subject tive complement as well as an alternative to to differing interpretations, the study found The text of S. 376, passed by the Sen- terrestrial communications systems, par- that reported rates of mental illness varied ate on July 1, 1999, follows: ticularly in lesser developed countries. by race and gender, with white and female (7) To enable consumers to realize opti- inmates reporting higher rates than black S. 376 Be it enacted by the Senate and House of Rep- mum benefits from international satellite and male inmates. The highest rates of men- communications services, and to enable tal illness were among white female state resentatives of the United States of America in Congress assembled, these systems to be competitive with other prisoners, with an estimated 29 percent of international telecommunication systems, them reporting emotional disorders, com- SECTION 1. SHORT TITLE. such as fiber optic cable, the global trade pared with 20 percent of black female pris- This Act may be cited as the ‘‘Open-mar- and regulatory environment must support oners. Overall, 22.6 percent of white state ket Reorganization for the Betterment of vigorous and robust competition. prisoners were identified as mentally ill, International Telecommunications Act’’. (8) In particular, all satellite systems compared with 13.5 percent of black pris- SEC. 2. PURPOSE. should have unimpeded access to the mar- oners. It is the purpose of this Act to promote a kets that they are capable of serving, and Dr. Dorothy Otnow-Lewis, a psychiatrist, fully competitive domestic and international the ability to compete in a fair and meaning- said the differences were a result of white market for satellite communications serv- ful way within those markets. psychiatrists ‘‘being very bad at recognizing ices for the benefit of consumers and pro- (9) Transforming INTELSAT and Inmarsat mental illness in minority individuals.’’ Psy- viders of satellite services by fully encour- from intergovernmental organizations into chiatrists are more likely to dismiss aggres- aging the privatization of the intergovern- conventional satellite services companies is sive behavior in men, particularly black mental satellite organizations, INTELSAT a key element in bringing about the emer- men, as a result of their being bad, rather and Inmarsat, and reforming the regulatory gence of a fully competitive global environ- than being mad, said Dr. Lewis, who is a sen- framework of the COMSAT Corporation. ment for satellite services. ior criminal justice fellow at the Center on SEC. 3. FINDINGS. (10) The issue of privatization of any State- Crime, Communities and Culture of the The Congress finds that: owned firm is extremely complex and multi- Soros Foundation. (1) International satellite communications faceted. For that reason, the sale of a firm at Michael Faenza, the president of the Na- services constitute a critical component of arm’s length does not automatically, and in tional Mental Health Association, said the global voice, video and data services, play a all cases, extinguish any prior subsidies or study ‘‘shows that the criminal justice sys- vital role in the integration of all nations government conferred advantages. tem is just a revolving door for a person with into the global economy and contribute to- (11) It is in the interest of the United mental illness, from the street to jail and ward the ability of developing countries to States to negotiate the removal of its res- back without treatment.’’ achieve sustainable development. ervation in the Fourth Protocol to the Gen- Professor Jamison noted that jails and (2) The United States played a pivotal role eral Agreement on Trade in Services regard- prisons are not conducive to treatment, even in stimulating the development of inter- ing INTELSAT’s and Inmarsat’s access to when it is available. ‘‘Inmates get deprived national satellite communications services the United States market through COMSAT of sleep,’’ she said, ‘‘and isolation can exac- by enactment of the Communications Sat- as soon as possible, but such reservation can- erbate their hallucinations or delusions.’’ ∑ ellite Act of 1962 (47 U.S.C. 701–744), and by not be removed without adequate assurance f its critical contributions, through its signa- that the United States market for satellite TRIBUTE TO CLD CONSULTING tory, the COMSAT Corporation, in the estab- services will not be disrupted by such ENGINEERS lishment of INTELSAT, which has success- INTELSAT or Inmarsat access. fully established global satellite networks to (12) The Communications Satellite Act of ∑ Mr. SMITH of New Hampshire. Mr. provide member countries with worldwide 1962, and other applicable United States President, I rise today to pay tribute access to telecommunications services, in- laws, need to be updated to encourage and to CLD Consulting Engineering, a re- cluding critical lifeline services to the devel- complete the pro-competitive privatization cipient of the ‘‘Business of the Year oping world. of INTELSAT and Inmarsat, to update the Award’’ from Business NH Magazine. (3) The United States played a pivotal role domestic United States regulatory regime in stimulating the development of inter- governing COMSAT, and to ensure a com- They have shown incredible success, in- national satellite communications services petitively neutral United States framework genuity, and community service, vir- by enactment of the International Maritime for the provision of domestic and inter- tues that are indeed worthy of recogni- Satellite Telecommunications Act (47 U.S.C. national telecommunications services via tion. 751–757), and by its critical contributions, satellite systems. S8298 CONGRESSIONAL RECORD — SENATE July 12, 1999 SEC. 4. ESTABLISHMENT OF SATELLITE SERV- INTELSAT as soon as practicable, but no ability to make a public interest determina- ICES COMPETITION; PRIVATIZATION. later than January 1, 2002. Such privatiza- tion concerning any application pertaining The Communications Satellite Act of 1962 tion shall be confirmed by a final decision of to entry into the United States market. (47 U.S.C. 701) is amended by adding at the the INTELSAT Assembly of Parties and ‘‘SEC. 613. PRESIDENTIAL NEGOTIATING OBJEC- end the following: shall be followed by a timely initial public TIVES AND FCC CRITERIA FOR ‘‘TITLE VI—SATELLITE SERVICES offering taking into account relative market PRIVATIZED IGOs. COMPETITION AND PRIVATIZATION conditions. ‘‘(a) IN GENERAL.—Upon a final decision of the INTELSAT Assembly of Parties creating ‘‘SUBTITLE A—TRANSITION TO A PRIVATIZED ‘‘(b) ENSURE CONTINUATION OF PRIVATIZA- INTELSAT TION.—The President and the Commission the legal structure and characteristics of the privatized INTELSAT and recognizing that ‘‘SEC. 601. POLICY OF THE UNITED STATES. shall seek to ensure that the privatization of Inmarsat continues in a pro-competitive Inmarsat transitioned into a private com- ‘‘It is the policy of the United States to— pany on April 15, 1999, the President shall ‘‘(1) encourage INTELSAT to privatize in a manner. ‘‘SEC. 612. PROVISION OF SERVICES IN THE within 30 days report to the Congress on the pro-competitive manner as soon as possible, extent to which such privatization frame- but not later than January 1, 2002, recog- UNITED STATES BY PRIVATIZED AF- FILIATES OF INTERGOVERNMENTAL work meets each of the criteria in subsection nizing the need for a reasonable transition SATELLITE ORGANIZATIONS. (c), and whether taking into consideration and process to achieve a full, pro-competi- ‘‘(a) IN GENERAL.—With respect to any ap- all other relevant competitive factors, entry tive restructuring; and plication for a satellite earth station or of a privatized INTELSAT or Inmarsat into ‘‘(2) work constructively with its inter- space station under title III of the Commu- the United States market will not be likely national partners in INTELSAT, and with nications Act of 1934 (47 U.S.C 301 et seq.) or to distort competition. INTELSAT itself, to bring about a prompt any application under section 214 of that Act ‘‘(b) PURPOSE OF PRIVATIZATION CRITERIA.— restructuring that will ensure fair competi- (47 U.S.C. 214), or any letter of intent to pro- The criteria provided in subsection (c) shall tion, both in the United States as well as in vide service in the United States via non- be used as— the global markets served by the INTELSAT United States licensed space segment, sub- ‘‘(1) the negotiation objectives for achiev- system; and mitted by a privatized IGO affiliate or suc- ing the privatization of INTELSAT no later ‘‘(3) encourage Inmarsat’s full implementa- cessor, the Commission— than January 1, 2002, and also for Inmarsat; tion of the terms and conditions of its pri- ‘‘(1) shall apply a presumption in favor of ‘‘(2) the standard for measuring, pursuant vatization agreement. entry to an IGO affiliate or successor li- to subsection (a), whether negotiations have ‘‘SEC. 602. ROLE OF COMSAT. censed by a WTO Member for services cov- resulted in an acceptable framework for ‘‘(a) ADVOCACY.—As the United States sig- ered by United States commitments under achieving the pro-competitive privatization natory to INTELSAT, COMSAT shall act as the WTO Basic Telecom Agreement; of INTELSAT and Inmarsat; and an aggressive advocate of pro-competitive ‘‘(2) may attach conditions to any grant of ‘‘(3) licensing criteria by the Commission privatization of INTELSAT. With respect to authority to an IGO affiliate or successor in making its independent determination of whether the certified framework for achiev- the consideration within INTELSAT of any that raises the potential for competitive ing the pro-competitive privatization of matter related to its privatization, COMSAT harm; or INTELSAT and Inmarsat has been properly shall fully consult with the United States ‘‘(3) shall in the exceptional case in which implemented by the privatized INTELSAT Government prior to exercising its voting an application by an IGO affiliate or suc- and Inmarsat. rights and shall exercise its voting rights in cessor would pose a very high risk to com- ‘‘(c) PRIVATIZATION CRITERIA.—A pro-com- a manner fully consistent with any instruc- petition in the United States satellite mar- tions issued. In the event that the United petitively privatized INTELSAT or ket, deny the application. Inmarsat— States signatory to INTELSAT is acquired ‘‘(b) DETERMINATION FACTORS.—In deter- after enactment of this section, the Presi- ‘‘(1) has no privileges or immunities lim- mining whether an application to serve the iting legal accountability, commercial trans- dent and the Commission shall assure that United States market by an IGO affiliate the instructional process safeguards against parency, or taxation and does not unfairly raises the potential for competitive harm or benefit from ownership by former signatories conflicts of interest. risk under subsection (a)(2), the Commission who control telecommunications market ac- ‘‘(b) ANNUAL REPORTS.—The President and shall determine whether any potential anti- the Commission shall report annually to the cess to their home territories; competitive or market distorting con- ‘‘(2) has submitted to the jurisdiction of Committee on Commerce of the House of sequences of continued relationships or con- Representatives and the Committee on Com- competition and independent regulatory au- nections exist between an IGO and its affili- thorities of a nation that is a signatory to merce, Science, and Transportation of the ates including— Senate, respectively, on the progress being the World Trade Organization Agreement on ‘‘(1) whether the IGO affiliate is structured Basic Telecommunications and that has im- made by INTELSAT and Inmarsat to pri- to prevent anti-competitive practices such vatize and complete privatization in a pro- plemented or accepted the agreement’s ref- as collusive behavior or cross-subsidization; erence paper on regulatory principles; competitive manner. ‘‘(2) the degree of affiliation between the ‘‘(3) can offer assurance of an arm’s-length ‘‘SEC. 603. RESTRICTIONS PENDING PRIVATIZA- IGO and its affiliate; relationship in all respects between itself TION. ‘‘(3) whether the IGO affiliate can directly ‘‘(a) INTELSAT shall be prohibited from and any IGO affiliate; or indirectly benefit from IGO privileges and ‘‘(4) has given due consideration to the entering the United States market directly immunities; international connectivity requirements of to provide any satellite communications ‘‘(4) the ownership structure of the affiliate thin route countries; services or space segment capacity to car- and the effect of IGO and other Signatory ‘‘(5) can demonstrate that the valuation of riers (other than the United States signa- ownership and whether the affiliate is inde- assets to be transferred post-privatization is tory) or end users in the United States until pendent of IGO signatories or former sig- in accordance with generally accepted ac- July 1, 2001 or until INTELSAT achieves a natories who control telecommunications counting principles; pro-competitive privatization pursuant to market access in their home territories; ‘‘(6) has access to orbital locations and as- section 613 (a) if privatization occurs earlier. ‘‘(5) the existence of clearly defined arm’s- sociated spectrum post-privatization in ac- ‘‘(b) Notwithstanding subsection (a), length conditions governing the affiliate-IGO cordance with the same regulatory processes INTELSAT shall be prohibited from entering relationship including separate officers, di- and fees applicable to other commercial sat- the United States market directly to provide rectors, employees, and accounting systems; ellite systems; any satellite communications services or ‘‘(6) the existence of fair market valuing ‘‘(7) conducts technical coordinations post- space segment capacity to any foreign signa- for permissible business transactions be- privatization under normal, established ITU tory, or affiliate thereof, and no carrier, tween an IGO and its affiliate that is procedures; other than the United States signatory, nor verifiable by an independent audit and con- ‘‘(8) has an ownership structure in the form any end user, shall be permitted to invest di- sistent with normal commercial practice and of a stock corporation or other similar and rectly in INTELSAT. generally accepted accounting principles; accepted commercial mechanism, and a com- ‘‘(c) Pending INTELSAT’s privatization, ‘‘(7) the existence of common marketing; mitment to a timely initial public offering the Commission shall ensure that the United ‘‘(8) the availability of recourse to IGO as- has been established for the sale or purchase States signatory is compensated by direct sets for credit or capital; of company shares; access users for the costs it incurs in ful- ‘‘(9) whether an IGO registers or coordi- ‘‘(9) shall not acquire, or enjoy any agree- filling its obligations under this Act. ments or arrangements which secure, exclu- ‘‘(d) The provisions of subsections (b) and nates spectrum or orbital locations on behalf sive access to any national telecommuni- (c) shall remain in effect only until of its affiliate; and cations market; and INTELSAT achieves a pro-competitive pri- ‘‘(10) whether the IGO affiliate has cor- ‘‘(10) will have accomplished a privatiza- vatization pursuant to section 613 (a). porate charter provisions prohibiting re- affiliation with the IGO after privatization. tion consistent with the criteria listed in ‘‘SUBTITLE B—ACTIONS TO ENSURE PRO- ‘‘(c) SUNSET.—The provisions of subsection this subsection at the earliest possible date, COMPETITIVE SATELLITE SERVICES (b) shall cease to have effect upon approval but not later than January 1, 2002, for ‘‘SEC. 611. PRIVATIZATION. of the application pursuant to section 613. INTELSAT and Inmarsat. ‘‘(a) IN GENERAL.—The President shall seek ‘‘(d) PUBLIC INTEREST DETERMINATION.— ‘‘(d) FCC INDEPENDENT DETERMINATION ON a pro-competitive privatization of Nothing in this Act affects the Commission’s IMPLEMENTATION.—After the President has July 12, 1999 CONGRESSIONAL RECORD — SENATE S8299 made a report to Congress pursuant to sub- ‘‘SEC 622. ABROGATION OF CONTRACTS PROHIB- ices under contract with, or tariff commit- section (a), with respect to any application ITED. ment to, such satellite operator; but for a satellite earth station or space station ‘‘Nothing in this Act or the Communica- ‘‘(2) may require the termination of new under title III of the Communications Act of tions Act of 1934 (47 U.S.C. 151 et seq.) shall services only to the country that has pro- 1934 (47 U.S.C. 301) or any application under be construed to modify or invalidate any vided the exclusive right to handle traffic, if section 214 of the Communications Act of contract or agreement involving COMSAT, the Commission determines the public inter- 1934 (47 U.S.C. 214), or any letter of intent to INTELSAT, or any terms or conditions of est, convenience, and necessity so requires. provide service in the United States via a such agreement in force on the date of enact- non-United States licensed space segment, ment of the Open-market Reorganization for ‘‘SUBTITLE E—DEFINITIONS submitted by a privatized affiliate prior to the Betterment of International Tele- ‘‘SEC. 641. DEFINITIONS. the privatized IGO, or by a privatized IGO, communications Act, or to give the Commis- the Commission shall determine whether the sion authority, by rule-making or any other ‘‘(a) IN GENERAL.—In this title: enumerated objectives for a pro-competitive means, to invalidate any such contract or ‘‘(1) INTELSAT.—The term ‘INTELSAT’ privatization of INTELSAT and Inmarsat agreement, or any terms and conditions of means the International Telecommuni- under this section have been implemented such contract or agreement. cations Satellite Organization established with respect to the privatized IGO, but in ‘‘SEC. 623. PERMITTED COMSAT INVESTMENT. pursuant to the Agreement Relating to the making that consideration, may neither con- ‘‘Nothing in this Act shall be construed as International Telecommunications Satellite tract or expand the privatization criteria in precluding COMSAT from investing in or Organization. subsection (c). owning satellites or other facilities inde- ‘‘(2) INMARSAT.—The term ‘Inmarsat’ ‘‘(e) AUTHORITY TO DENY AN APPLICATION.— pendent from INTELSAT, or from providing means the International Mobile Satellite Or- Nothing in this section affects the Commis- services through reselling capacity over the ganization established pursuant to the Con- sion’s authority to condition or deny an ap- facilities of satellite systems independent vention on the International Maritime Sat- plication on the basis of the public interest. from INTELSAT. This section shall not be ellite Organization and may also refer to ‘‘SEC. 614. FAILURE TO PRIVATIZE IN A TIMELY construed as restricting the types of con- INMARSAT Limited when appropriate. MANNER. tracts which can be executed or services ‘‘(3) COMSAT.—The term ‘COMSAT’ means ‘‘(a) REPORT.—In the event that which may be provided by COMSAT over the the corporation established pursuant to title INTELSAT fails to fully privatize as pro- independent satellites or facilities described III of this Act and its successors and assigns. vided in section 611 by January 1, 2002, the in this subsection. ‘‘(4) SIGNATORY.—The term ‘signatory’ President shall— ‘‘SUBTITLE D—GENERAL PROVISIONS means the telecommunications entity des- ‘‘(1) instruct all instrumentalities of the ‘‘SEC. 631. PROMOTION OF EFFICIENT USE OF OR- ignated by a party that has signed the Oper- United States Government to grant a pref- BITAL SLOTS AND SPECTRUM. ating Agreement and for which such Agree- erence for procurement of satellite services ‘‘All satellite system operators authorized ment has entered into force. from commercial private sector providers of to access the United States market should ‘‘(5) PARTY.—The term ‘party’ means, in satellite space segment rather than IGO pro- make efficient and timely use of orbital and the case of INTELSAT, a nation for which viders; spectrum resources in order to ensure that the INTELSAT agreement has entered into ‘‘(2) immediately commence deliberations these resources are not warehoused to the force or been provisionally applied, and in to determine what additional measures detriment of other new or existing satellite the case of INMARSAT, a nation for which should be implemented to ensure the rapid system operators. Where these assurances the Inmarsat convention entered into force. privatization of INTELSAT; cannot be provided, satellite system opera- ‘‘(6) COMMISSION.—The term ‘Commission’ ‘‘(3) no later than March 31, 2002, issue a re- tors shall arbitrate their rights to these re- means the Federal Communications Com- port delineating such other measures to the sources according to ITU procedures. mission. Committee on Commerce of the House of ‘‘SEC. 632. PROHIBITION ON PROCUREMENT ‘‘(7) INTERNATIONAL TELECOMMUNICATION Representatives, and Committee on Com- PREFERENCES. UNION; ITU.—The terms ‘International Tele- merce, Science, and Transportation of the ‘‘Except pursuant to section 615 of this communication Union’ and ‘ITU’ mean the Senate; and Act, nothing in this title or the Communica- intergovernmental organization that is a ‘‘(4) withdraw as a party from INTELSAT. tions Act of 1934 (47 U.S.C. 151 et seq.) shall specialized agency of the United Nations in ‘‘(b) RESERVATION CLAUSE.—The President be construed to authorize or require any which member countries cooperate for the may determine, after consulting with Con- preference in Federal Government procure- development of telecommunications, includ- gress, that in consideration of privatization ment of telecommunications services, for the ing adoption of international regulations being imminent, it is in the national interest satellite space segment provided by governing terrestrial and space uses of the of the United States to provide a reasonable INTELSAT or Inmarsat, nor shall anything frequency spectrum as well as use of the geo- extension of time for completion of privat- in this title or that Act be construed to re- stationary orbital arc. ization. sult in a bias against the use of INTELSAT ‘‘(8) PRIVATIZED INTELSAT.—The term ‘‘SUBTITLE C—COMSAT GOVERNANCE AND or Inmarsat through existing or future con- ‘privatized INTELSAT’ means any entity OPERATION tract awards. created from the privatization of INTELSAT ‘‘SEC. 621. ELIMINATION OF PRIVILEGES AND IM- ‘‘SEC. 633. SATELLITE AUCTIONS. from the assets of INTELSAT. MUNITIES. ‘‘Notwithstanding any other provision of ‘‘(9) PRIVATIZED INMARSAT.—The term ‘‘(a) COMSAT.—COMSAT shall not have any law, the Commission shall not assign by ‘privatized Inmarsat’ means any entity cre- privilege or immunity on the basis of its sta- competitive bidding orbital locations or ated from the privatization of Inmarsat from tus as a signatory or a representative of the spectrum used for the provision of inter- the assets of Inmarsat, namely INMARSAT, United States to INTELSAT and Inmarsat, national or global satellite communications Ltd. except that COMSAT retains its privileges services. The President shall oppose in the ‘‘(10) ORBITAL LOCATION.—The term ‘orbital and immunities— International Telecommunications Union location’ means the location for placement ‘‘(1) for those actions taken in its role as and in other bilateral and multilateral nego- of a satellite in geostationary orbits as de- the United States signatory to INTELSAT or tiations any assignment by competitive bid- fined in the International Telecommuni- Inmarsat upon instruction of the United ding of orbital locations, licenses, or spec- cation Union Radio Regulations. States Government; and trum used for the provision of such services. ‘‘(11) SPECTRUM.—The term ‘spectrum’ ‘‘(2) for actions taken when acting as the ‘‘SEC. 634. RELATIONSHIP TO OTHER LAWS. means the range of frequencies used to pro- United States signatory in fulfilling signa- ‘‘Whenever the application of the provi- vide radio communication services. tory obligations under the INTELSAT Oper- sions of this Act is inconsistent with the pro- ‘‘(12) SPACE SEGMENT.—The term ‘space ating Agreement. visions of the Communications Act of 1934, segment’ means the satellites, and the track- ‘‘(b) NO JOINT OR SEVERAL LIABILITY.—If the provisions of this Act shall govern. ing, telemetry, command, control, moni- COMSAT is found liable for any action taken ‘‘SEC. 635. EXCLUSIVITY ARRANGEMENTS. toring and related facilities and equipment in its status as a signatory or a representa- ‘‘(a) IN GENERAL.—No satellite operator used to support the operation of satellites tive of the party to INTELSAT, any such li- shall acquire or enjoy the exclusive right of owned or leased by INTELSAT and Inmarsat ability shall be limited to the portion of the handling traffic to or from the United or an IGO successor or affiliate. judgment that corresponds to COMSAT’s States, its territories or possessions, and any ‘‘(13) INTELSAT AGREEMENT.—The term percentage of the responsibility, as deter- other country or territory by reason of any ‘INTELSAT agreement’ means the agree- mined by the trier of fact. concession, contract, understanding, or ment relating to the International Tele- ‘‘(c) PROSPECTIVE EFFECT OF ELIMI- working arrangement to which the satellite communications Satellite Organization, in- NATION.—The elimination of privileges and operator or any persons or companies con- cluding all of its annexes (TIAS 7532, 23 UST immunities contained in this section shall trolling or controlled by the operator are 3813). apply only to actions or decisions taken by parties. ‘‘(14) OPERATING AGREEMENT.—The term COMSAT after the date of enactment of the ‘‘(b) EXCEPTION.—In enforcing the provi- ‘operating agreement’ means— Open-market Reorganization for the Better- sions of this subsection, the Commission— ‘‘(A) in the case of INTELSAT, the agree- ment of International Telecommunications ‘‘(1) shall not require the termination of ment, including its annex but excluding all Act. existing satellite telecommunications serv- titles of articles, opened for signature at S8300 CONGRESSIONAL RECORD — SENATE July 12, 1999

Washington on August 20, 1971, by govern- (c) REPEAL OF CERTAIN MISCELLANEOUS pursuant to section 1101 of title 11, D.C. ments or telecommunications entities des- PROVISIONS.—Title IV of the Communica- Code, and section 2304 of title 16, D.C. Code, ignated by governments in accordance with tions Satellite Act of 1962 (47 U.S.C. 741 et and of which $26,036,000 shall be to carry out the provisions of The Agreement; and seq.) is amended— sections 2602 and 2604 of title 11, D.C. Code, ‘‘(B) in the case of Inmarsat, the Operating (1) by striking section 402; relating to representation of indigents in Agreement on the International Maritime (2) by striking subsection (a) of section 403 criminal cases under the Criminal Justice Satellite Organization, including its an- and redesignating subsections (b) and (c) as Act, in total, $32,936,000: Provided further, nexes. subsections (a) and (b), respectively; and That, subject to normal reprogramming re- ‘‘(15) HEADQUARTERS AGREEMENT.—The (3) by striking section 404. quirements contained in section 116 of this term ‘headquarters agreement’ means the SEC. 6. INTERNATIONAL MARITIME SATELLITE Act, this $32,936,000 may be used for other binding international agreement, dated No- TELECOMMUNICATIONS ACT purposes under this heading: Provided further, vember 24, 1976, between the United States AMENDMENTS. That funds under this heading to carry out and INTELSAT covering privileges, exemp- (a) REPEAL OF SUPERSEDED AUTHORITY.— the District of Columbia Criminal Justice tions, and immunities with respect to the lo- Title V of the Communications Satellite Act Act (D.C. Code, sec. 11–2601 et seq.), shall be cation of INTELSAT’s headquarters in Wash- of 1962 (47 U.S.C. 751 et seq.) is amended— available for obligations incurred under the ington, D.C. (1) by striking sections 502, 503, 504, and Act in each fiscal year since fiscal year 1975: ‘‘(16) DIRECT-TO-HOME SATELLITE SERV- 505; and Provided further, That funds under this head- ICES.—The term ‘direct-to-home satellite (2) by inserting after section 501 the fol- ing to carry out the District of Columbia Ne- services’ means the distribution or broad- lowing: glect Representation Equity Act of 1984 (D.C. casting of programming or services by sat- ‘‘SEC. 502. GLOBAL SATELLITE SAFETY SERVICES Code, sec. 16–2304), shall be available for obli- ellite directly to the subscriber’s premises AFTER PRIVATIZATION OF BUSINESS gations incurred under the Act in each fiscal without the use of ground receiving or dis- OPERATIONS OF INMARSAT. year since fiscal year 1985: Provided further, tribution equipment, except at the sub- ‘‘In order to ensure the continued provi- That funds under this heading to carry out scriber’s premises or in the uplink process to sion of global maritime distress and safety the District of Columbia Guardianship, Pro- the satellite. satellite telecommunications services after tective Proceedings, and Durable Power of ‘‘(17) IGO.—The term ‘IGO’ means the privatization of the business operations of Attorney Act of 1986 (D.C. Code, sec. 21–2060), Intergovernmental Satellite organizations, Inmarsat, the President may maintain mem- shall be available for obligations incurred INTELSAT and Inmarsat. bership in the International Mobile Satellite under the Act in each fiscal year since fiscal ‘‘(18) IGO AFFILIATE.—The term ‘IGO affil- Organization on behalf of the United year 1989: Provided further, That all amounts iate’ means any entity in which an IGO owns States.’’. under this heading shall be paid quarterly by or has owned an equity interest of 10 percent (b) EFFECTIVE DATE.—The amendments the Treasury of the United States based on or more. made by subsection (a) take effect on the quarterly apportionments approved by the ‘‘(19) IGO SUCCESSOR.—The term ‘IGO Suc- date on which the International Mobile Sat- Office of Management and Budget, with pay- cessor’ means an entity which holds substan- ellite Organization ceases to operate directly roll and financial services to be provided on tially all the assets of a pre-existing IGO. a global mobile satellite system. a contractual basis with the General Serv- ‘‘(20) GLOBAL MARITIME DISTRESS AND SAFE- f ices Administration [GSA], said services to TY SERVICES.—The term ‘global maritime include the preparation of monthly financial distress and safety services’ means the auto- DISTRICT OF COLUMBIA reports, copies of which shall be submitted mated ship-to-shore distress alerting system APPROPRIATIONS ACT, 2000 directly by GSA to the President and to the which uses satellite and advanced terrestrial Committees on Appropriations of the Senate systems for international distress commu- the text of S. 1283, passed by the Sen- ate on July 1, 1999, follows: and House of Representatives, the Com- nications and promoting maritime safety in mittee on Governmental Affairs of the Sen- general, permitting the worldwide alerting S. 1283 ate, and the Committee on Government Re- of vessels, coordinated search and rescue op- Be it enacted by the Senate and House of Rep- form of the House of Representatives. erations, and dissemination of maritime resentatives of the United States of America in FEDERAL PAYMENT TO THE COURT SERVICES safety information. Congress assembled, That, the following sums AND OFFENDER SUPERVISION AGENCY FOR ‘‘(b) COMMON TERMS.—Except as otherwise are appropriated, out of any money in the THE DISTRICT OF COLUMBIA provided in subsection (a), terms used in this Treasury not otherwise appropriated, for the title that are defined in section 3 of the Com- District of Columbia for the fiscal year end- For payment to the Court Services and Of- munications Act of 1934 (47 U.S.C. 153) have ing September 30, 2000, and for other pur- fender Supervision Agency for the District of the meaning provided in that section.’’. poses, namely: Columbia, $80,300,000, as authorized by the SEC. 5. CONFORMING CHANGES. National Capital Revitalization and Self- FEDERAL FUNDS (a) REPEAL OF FEDERAL COORDINATION AND Government Improvement Act of 1997, as PLANNING PROVISIONS.—Section 201 of the FEDERAL PAYMENT TO THE DISTRICT OF amended; of which $47,100,000 shall be for Communications Satellite Act of 1962 (47 COLUMBIA CORRECTIONS TRUSTEE OPERATIONS necessary expenses of Parole Revocation, U.S.C. 721) is amended to read as follows: For payment to the District of Columbia Adult Probation and Offender Supervision, ‘‘SEC. 201. IMPLEMENTATION OF POLICY. Corrections Trustee, $176,000,000 for the ad- to include expenses relating to supervision of ‘‘The Federal Communications Commis- ministration and operation of correctional adults subject to protection orders or provi- sion, in its administration of the Commu- facilities and for the administrative oper- sion of services for or related to such per- nications Act of 1934, shall make rules and ating costs of the Office of the Corrections sons; $17,400,000 shall be available to the Pub- regulations to carry out the provisions of Trustee, as authorized by section 11202 of the lic Defender Service; and $15,800,000 shall be this Act.’’. National Capital Revitalization and Self- available to the Pretrial Services Agency: (b) REPEAL OF GOVERNMENT-ESTABLISHED Government Improvement Act of 1997, as Provided, That, notwithstanding any other CORPORATION PROVISIONS.— amended: Provided, That said sums shall be provision of law, said sums shall be paid (1) IN GENERAL.—Section 301 of the Commu- paid quarterly by the Treasury of the United quarterly by the Treasury based on quar- nications Satellite Act of 1962 (47 U.S.C. 731) States based on quarterly apportionments terly apportionments approved by the Office is amended to read as follows: approved by the Office of Management and of Management and Budget. Upon the Agen- ‘‘SEC. 301. CORPORATION. Budget. cy’s certification as a Federal entity, as au- ‘‘The corporation organized under the pro- thorized by such Act, and notwithstanding FEDERAL PAYMENT TO THE DISTRICT OF visions of this title, as this title existed be- any other provision of law, the Public De- COLUMBIA COURTS fore the enactment of the Open-market Reor- fender Service shall be subject to quarterly ganization for the Betterment of Inter- Notwithstanding any other provision of apportionment by the Office of Management national Telecommunications Act, known as law, $136,440,000 for payment to the Joint and Budget: Provided further, That, of the COMSAT, and its successors and assigns, are Committee on Judicial Administration in amounts made available under this heading, subject to the provisions of this Act. The the District of Columbia; of which not to ex- $5,873,000 shall be available only for individ- right to repeal, alter, or amend this Act at ceed $128,440,000 shall be for District of Co- uals on probation or supervised release for any time is expressly reserved.’’. lumbia Courts operation, to be allocated as drug screening and testing. (2) CONFORMING CHANGES.—Title III of the follows: for the District of Columbia Court of Communications Satellite Act of 1962 (47 Appeals, $7,403,000; for the District of Colum- FEDERAL PAYMENT FOR DISTRICT OF U.S.C. 731 et seq.) is amended— bia Superior Court, $78,561,000; for the Dis- COLUMBIA RESIDENT TUITION SUPPORT (A) by striking ‘‘CREATION OF A COMMU- trict of Columbia Court System, $42,476,000; For payment to the District of Columbia, NICATIONS SATELLITE’’ in the caption of and of which not to exceed $8,000,000 shall re- $17,000,000, for a program, to be administered title III; main available until September 30, 2001 for by the Mayor, for District of Columbia resi- (B) by striking sections 302, 303, and 304; capital improvements for District of Colum- dent tuition support, subject to the enact- (C) by redesignating section 305 as section bia courthouse facilities: Provided, That of ment of authorizing legislation specifically 302; and amounts available for District of Columbia referencing this program: Provided, That said (D) by striking subsection (c) of section Courts operation, $6,900,000 shall be for the funds will be used to pay the difference be- 302, as redesignated. Counsel for Child Abuse and Neglect program tween in-State and out-of-State tuition at July 12, 1999 CONGRESSIONAL RECORD — SENATE S8301 public institutions of higher education on be- place not to exceed five passenger-carrying trict of Columbia Public Charter School half of eligible District of Columbia resi- vehicles annually whenever the cost of repair Board for administrative costs: $72,347,000 dents: Provided further, That awarding of said to any damaged vehicle exceeds three- (including $40,491,000 from local funds, funds shall be prioritized on the basis of a fourths of the cost of the replacement: Pro- $13,536,000 from Federal funds, and $18,320,000 resident’s academic merit and other factors vided further, That not to exceed $500,000 from other funds) for the University of the as authorized. shall be available from this appropriation for District of Columbia; $24,171,000 (including FEDERAL PAYMENT FOR METROPOLITAN the Chief of Police for the prevention and de- $23,128,000 from local funds, $798,000 from POLICE DEPARTMENT tection of crime: Provided further, That the Federal funds, and $245,000 from other funds) For payment to the Metropolitan Police Metropolitan Police Department shall pro- for the Public Library; $2,111,000 (including Department, $1,000,000, for a program to vide quarterly reports to the Committees on $1,707,000 from local funds and $404,000 from eliminate open air drug trafficking in the Appropriations of the House and Senate on Federal funds) for the Commission on the District of Columbia. efforts to increase efficiency and improve Arts and Humanities: Provided further, That the professionalism in the department: Pro- the public schools of the District of Colum- DISTRICT OF COLUMBIA FUNDS vided further, That notwithstanding any bia are authorized to accept not to exceed 31 OPERATING EXPENSES other provision of law, or Mayor’s Order 86– motor vehicles for exclusive use in the driver DIVISION OF EXPENSES 45, issued March 18, 1986, the Metropolitan education program: Provided further, That The following amounts are appropriated Police Department’s delegated small pur- not to exceed $2,500 for the Superintendent of for the District of Columbia for the current chase authority shall be $500,000: Provided Schools, $2,500 for the President of the Uni- fiscal year out of the general fund of the Dis- further, That the District of Columbia gov- versity of the District of Columbia, and trict of Columbia, except as otherwise spe- ernment may not require the Metropolitan $2,000 for the Public Librarian shall be avail- cifically provided. Police Department to submit to any other able from this appropriation for official pur- GOVERNMENTAL DIRECTION AND SUPPORT procurement review process, or to obtain the poses: Provided further, That none of the approval of or be restricted in any manner funds contained in this Act may be made Governmental direction and support, by any official or employee of the District of available to pay the salaries of any District $162,356,000 (including $137,134,000 from local Columbia government, for purchases that do of Columbia Public School teacher, prin- funds, $11,670,000 from Federal funds, and not exceed $500,000: Provided further, That the cipal, administrator, official, or employee $13,552,000 from other funds): Provided, That Mayor shall reimburse the District of Colum- who knowingly provides false enrollment or not to exceed $2,500 for the Mayor, $2,500 for bia National Guard for expenses incurred in attendance information under article II, sec- the Chairman of the Council of the District connection with services that are performed tion 5 of the Act entitled ‘‘An Act to provide of Columbia, and $2,500 for the City Adminis- in emergencies by the National Guard in a for compulsory school attendance, for the trator shall be available from this appropria- militia status and are requested by the taking of a school census in the District of tion for official purposes: Provided further, Mayor, in amounts that shall be jointly de- Columbia, and for other purposes’’, approved That any program fees collected from the termined and certified as due and payable for February 4, 1925 (D.C. Code, sec. 31–401 et issuance of debt shall be available for the these services by the Mayor and the Com- seq.): Provided further, That this appropria- payment of expenses of the debt manage- manding General of the District of Columbia tion shall not be available to subsidize the ment program of the District of Columbia: National Guard: Provided further, That such education of any nonresident of the District Provided further, That no revenues from Fed- sums as may be necessary for reimbursement of Columbia at any District of Columbia pub- eral sources shall be used to support the op- to the District of Columbia National Guard lic elementary and secondary school during erations or activities of the Statehood Com- under the preceding proviso shall be avail- fiscal year 2000 unless the nonresident pays mission and Statehood Compact Commis- able from this appropriation, and the avail- tuition to the District of Columbia at a rate sion: Provided further, That the District of ability of the sums shall be deemed as con- that covers 100 percent of the costs incurred Columbia shall identify the sources of fund- stituting payment in advance for emergency by the District of Columbia which are attrib- ing for Admission to Statehood from its own services involved: Provided further, That the utable to the education of the nonresident locally-generated revenues: Provided further, Metropolitan Police Department is author- (as established by the Superintendent of the That all employees permanently assigned to ized to maintain 3,800 sworn officers, with District of Columbia Public Schools): Pro- work in the Office of the Mayor shall be paid leave for a 50 officer attrition: Provided fur- vided further, That this appropriation shall from funds allocated to the Office of the ther, That $100,000 shall be available for in- not be available to subsidize the education of Mayor: Provided further, That, notwith- mates released on medical and geriatric pa- nonresidents of the District of Columbia at standing any other provision of law now or role: Provided further, That, commencing on the University of the District of Columbia, hereafter enacted, no Member of the District December 31, 1999, the Metropolitan Police unless the Board of Trustees of the Univer- of Columbia Council eligible to earn a part- Department shall provide to the Committees sity of the District of Columbia adopts, for time salary of $92,520, exclusive of the Coun- on Appropriations of the Senate and House the fiscal year ending September 30, 2000, a cil Chairman, shall be paid a salary of more of Representatives, the Committee on Gov- tuition rate schedule that will establish the than $84,635 during fiscal year 2000. ernmental Affairs of the Senate, and the tuition rate for nonresident students at a ECONOMIC DEVELOPMENT AND REGULATION Committee on Government Reform of the level no lower than the nonresident tuition Economic development and regulation, House of Representatives, quarterly reports rate charged at comparable public institu- $190,335,000 (including $52,911,000 from local on the status of crime reduction in each of tions of higher education in the metropoli- funds; $84,751,000 from Federal funds, and the 83 police service areas established tan area: Provided further, That the District $52,673,000 from other funds), of which throughout the District of Columbia: Pro- of Columbia Public Schools shall not spend $15,000,000 collected by the District of Colum- vided further, That $900,000 in local funds less than $365,500,000 on local schools through bia in the form of BID tax revenue shall be shall be available for the operations of the the Weighted Student Formula in fiscal year paid to the respective BIDs pursuant to the Office of Citizen Complaint Review. 2000: Provided further, That notwithstanding Business Improvement Districts Act of 1996 PUBLIC EDUCATION SYSTEM any other provision of law, the Chief Finan- (D.C. Law 11–134; D.C. Code, sec. 1–2271 et Public education system, including the de- cial Officer of the District of Columbia shall seq.), and the Business Improvement Dis- velopment of national defense education pro- apportion from the budget of the Public Edu- tricts Temporary Amendment Act of 1997 grams, $867,411,000 (including $721,847,000 cation System a sum totaling five percent (5 (D.C. Law 12–23): Provided, That such funds from local funds, $120,951,000 from Federal percent) of the total budget to be set aside are available for acquiring services provided funds, and $24,613,000 from other funds), to be until the current student count for Public by the General Services Administration: Pro- allocated as follows: $713,197,000 (including and Charter schools has been completed, and vided further, That Business Improvement $600,936,000 from local funds, $106,213,000 from that this amount shall be apportioned be- Districts shall be exempt from taxes levied Federal funds, and $6,048,000 from other tween the Public and Charter schools based by the District of Columbia. funds), for the public schools of the District on their respective student population count: PUBLIC SAFETY AND JUSTICE of Columbia; $10,700,000 from local funds for Provided further, That the District of Colum- Public safety and justice, including pur- the District of Columbia Teachers’ Retire- bia Public Schools may spend $500,000 to en- chase or lease of 135 passenger-carrying vehi- ment Fund; $17,000,000 from local funds for a gage in a Schools Without Violence program cles for replacement only, including 130 for program for District of Columbia resident based on a model developed by the Univer- police-type use and five for fire-type use, tuition support; $27,885,000 from local funds sity of North Carolina, located in Greens- without regard to the general purchase price (not including funds already made available boro, North Carolina. limitation for the current fiscal year, for District of Columbia public schools) for HUMAN SUPPORT SERVICES $778,470,000 (including $565,211,000 from local public charter schools: Provided, That if the Human support services, $1,526,111,000 (in- funds, $29,012,000 from Federal funds, and entirety of this allocation has not been pro- cluding $635,123,000 from local funds, $184,247,000 from other funds): Provided, That vided as payments to any public charter $875,814,000 from Federal funds, and the Metropolitan Police Department is au- schools currently in operation through the $15,174,000 from other funds): Provided, That thorized to replace not to exceed 25 pas- per pupil funding formula, the funds shall be $25,150,000 of this appropriation, to remain senger-carrying vehicles and the Department available for new public charter schools on a available until expended, shall be available of Fire and Emergency Medical Services of per pupil basis: Provided further, That $480,000 solely for District of Columbia employees’ the District of Columbia is authorized to re- of this amount shall be available to the Dis- disability compensation: Provided further, S8302 CONGRESSIONAL RECORD — SENATE July 12, 1999 That a peer review committee shall be estab- as of September 30, 1990, $38,286,000 from year ending September 30, 1982, approved De- lished to review medical payments and the local funds, as authorized by section 461(a) of cember 4, 1981 (95 Stat. 1174, 1175; Public Law type of service received by a disability com- the District of Columbia Home Rule Act, ap- 97–91), as amended, for the purpose of imple- pensation claimant: Provided further, That proved December 24, 1973, as amended (105 menting the Law to Legalize Lotteries, the District of Columbia shall not provide Stat. 540; Public Law 102–106; D.C. Code, sec. Daily Numbers Games, and Bingo and Raffles free government services such as water, 47–321(a)(1)). for Charitable Purposes in the District of Co- sewer, solid waste disposal or collection, PAYMENT OF INTEREST ON SHORT-TERM lumbia, effective March 10, 1981 (D.C. Law 3– utilities, maintenance, repairs, or similar BORROWING 172; D.C. Code, secs. 2–2501 et seq. and 22–1516 services to any legally constituted private et seq.), $234,400,000: Provided, That the Dis- For payment of interest on short-term bor- nonprofit organization, as defined in section trict of Columbia shall identify the source of rowing, $9,000,000 from local funds. 411(5) of the Stewart B. McKinney Homeless funding for this appropriation title from the Assistance Act (101 Stat. 485; Public Law 100– CERTIFICATES OF PARTICIPATION District’s own locally-generated revenues: 77; 42 U.S.C. 11371), providing emergency For lease payments in accordance with the Provided further, That no revenues from Fed- shelter services in the District, if the Dis- Certificates of Participation involving the eral sources shall be used to support the op- trict would not be qualified to receive reim- land site underlying the building located at erations or activities of the Lottery and bursement pursuant to such Act (101 Stat. One Judiciary Square, $7,950,000 from local Charitable Games Control Board. 485; Public Law 100–77; 42 U.S.C. 11301 et funds. SPORTS AND ENTERTAINMENT COMMISSION seq.). OPTICAL AND DENTAL INSURANCE PAYMENTS For the Sports and Entertainment Com- PUBLIC WORKS For optical and dental insurance pay- mission, $10,846,000 from other funds for ex- Public works, including rental of one pas- ments, $1,295,000 from local funds. penses incurred by the Armory Board in the senger-carrying vehicle for use by the Mayor PRODUCTIVITY BANK exercise of its powers granted by the Act en- and three passenger-carrying vehicles for use titled ‘‘An Act To Establish A District of Co- The Chief Financial Officer of the District by the Council of the District of Columbia lumbia Armory Board, and for other pur- of Columbia shall, under the direction of the and leasing of passenger-carrying vehicles, poses’’, approved June 4, 1948 (62 Stat. 339; Mayor and the District of Columbia Finan- $271,395,000 (including $258,341,000 from local D.C. Code, sec. 2–301 et seq.) and the District cial Responsibility and Management Assist- funds, $3,099,000 from Federal funds, and of Columbia Stadium Act of 1957, approved ance Authority, finance projects totaling $9,955,000 from other funds): Provided, That September 7, 1957 (71 Stat. 619; Public Law $20,000,000 in local funds that result in cost this appropriation shall not be available for 85–300; D.C. Code, sec. 2–321 et seq.): Provided, savings or additional revenues, by an collecting ashes or miscellaneous refuse That the Mayor shall submit a budget for amount equal to such financing. from hotels and places of business. the Armory Board for the forthcoming fiscal RECEIVERSHIP PROGRAMS PRODUCTIVITY SAVINGS year as required by section 442(b) of the Dis- For all agencies of the District of Colum- The Chief Financial Officer of the District trict of Columbia Home Rule Act, approved bia government under court ordered receiv- of Columbia shall, under the direction of the December 24, 1973 (87 Stat. 824; Public Law ership, $337,077,000 (including $212,606,000 Mayor and the District of Columbia Finan- 93–198; D.C. Code, sec. 47–301(b)). from local funds, $106,111,000 from Federal cial Responsibility and Management Assist- D.C. HEALTH AND HOSPITALS PUBLIC BENEFIT funds, and $18,360,000 from other funds). ance Authority, make reductions totaling CORPORATION $20,000,000 in local funds to be allocated to WORKFORCE INVESTMENTS For the District of Columbia Health and projects funded through the Productivity For workforce investments, $8,500,000 from Hospitals Public Benefit Corporation, estab- Bank that produce cost savings or additional local funds, to be transferred by the Mayor lished by D.C. Law 11–212, D.C. Code, sec. 32– revenues in an amount equal to the Produc- of the District of Columbia within the var- 262.2, effective April 9, 1997, $133,443,000 of tivity Bank financing. ious appropriation headings in this Act for which $44,435,000 shall be derived by transfer which employees are properly payable. PROCUREMENT AND MANAGEMENT SAVINGS from the general fund and $89,008,000 from RESERVE The Chief Financial Officer of the District other funds. For a reserve to be established by the Chief of Columbia shall, under the direction of the D.C. RETIREMENT BOARD Mayor and the District of Columbia Finan- Financial Officer of the District of Columbia For the D.C. Retirement Board, established cial Responsibility and Management Assist- and the District of Columbia Financial Re- by section 121 of the District of Columbia Re- ance Authority, make reductions of sponsibility and Management Assistance Au- tirement Reform Act of 1979, approved No- $14,457,000 for general supply schedule sav- thority, $150,000,000. vember 17, 1979 (93 Stat. 866; D.C. Code, sec. ings and $7,000,000 for management reform DISTRICT OF COLUMBIA FINANCIAL RESPONSI- 1–711), $9,892,000 from the earnings of the ap- savings, in local funds to one or more of the BILITY AND MANAGEMENT ASSISTANCE AU- plicable retirement funds to pay legal, man- appropriation headings in this Act: Provided, THORITY agement, investment, and other fees and ad- That the Mayor submits a resolution to the ministrative expenses of the District of Co- For the District of Columbia Financial Re- Council authorizing the management reform lumbia Retirement Board: Provided, That the sponsibility and Management Assistance Au- savings and the Council approves the resolu- District of Columbia Retirement Board shall thority, established by section 101(a) of the tion. District of Columbia Financial Responsi- provide to the Congress and to the Council of bility and Management Assistance Act of ENTERPRISE AND OTHER FUNDS the District of Columbia a quarterly report 1995, approved April 17, 1995 (109 Stat. 97; WATER AND SEWER AUTHORITY AND THE of the allocations of charges by fund and of Public Law 104–8), $3,140,000. WASHINGTON AQUEDUCT expenditures of all funds: Provided further, REPAYMENT OF LOANS AND INTEREST For the Water and Sewer Authority and That the District of Columbia Retirement For payment of principal, interest and cer- the Washington Aqueduct, $279,608,000 from Board shall provide the Mayor, for trans- tain fees directly resulting from borrowing other funds (including $236,075,000 for the mittal to the Council of the District of Co- by the District of Columbia to fund District Water and Sewer Authority and $43,533,000 lumbia, an itemized accounting of the of Columbia capital projects as authorized for the Washington Aqueduct) of which planned use of appropriated funds in time for by sections 462, 475, and 490 of the District of $35,222,000 shall be apportioned and payable each annual budget submission and the ac- Columbia Home Rule Act, approved Decem- to the District’s debt service fund for repay- tual use of such funds in time for each an- ber 24, 1973, as amended, and that funds shall ment of loans and interest incurred for cap- nual audited financial report. be allocated for expenses associated with the ital improvement projects. CORRECTIONAL INDUSTRIES FUND Wilson Building, $328,417,000 from local For construction projects, $197,169,000, as For the Correctional Industries Fund, es- funds: Provided, That for equipment leases, authorized by An Act authorizing the laying tablished by the District of Columbia Correc- the Mayor may finance $27,527,000 of equip- of watermains and service sewers in the Dis- tional Industries Establishment Act, ap- ment cost, plus cost of issuance not to ex- trict of Columbia, the levying of assessments proved October 3, 1964 (78 Stat. 1000; Public ceed two percent of the par amount being fi- therefore, and for other purposes, approved Law 88–622), $1,810,000 from other funds. April 22, 1904 (33 Stat. 244; Public Law 58–140; nanced on a lease purchase basis with a ma- WASHINGTON CONVENTION CENTER ENTERPRISE D.C. Code, sec. 43–1512 et seq.): Provided, That turity not to exceed five years: Provided fur- FUND ther, That $5,300,000 is allocated to the Met- the requirements and restrictions that are ropolitan Police Department, $3,200,000 for applicable to general fund capital improve- For the Washington Convention Center En- the Fire and Emergency Medical Services ments projects and set forth in this Act terprise Fund, $50,226,000 from other funds. Department, $350,000 for the Department of under the Capital Outlay appropriation title CAPITAL OUTLAY Corrections, $15,949,000 for the Department of shall apply to projects approved under this (INCLUDING RESCISSIONS) appropriation title. Public Works and $2,728,000 for the Public For construction projects, a net increase of Benefit Corporation. LOTTERY AND CHARITABLE GAMES ENTERPRISE $1,218,637,500 (including an increase of REPAYMENT OF GENERAL FUND RECOVERY FUND $1,260,524,000 and a rescission of $41,886,500 DEBT For the Lottery and Charitable Games En- from local funds appropriated under this For the purpose of eliminating the terprise Fund, established by the District of heading in prior fiscal years, and an addi- $331,589,000 general fund accumulated deficit Columbia Appropriation Act for the fiscal tional $1,260,524,000 of which $929,450,000 is July 12, 1999 CONGRESSIONAL RECORD — SENATE S8303 from local funds, $54,050,000 is from the high- section 544 of the District of Columbia Public programming any program or project pre- way trust fund, and $277,024,000 is from Fed- Assistance Act of 1982, effective April 6, 1982 viously deferred through reprogramming; (6) eral funds), to remain available until ex- (D.C. Law 4–101; D.C. Code, sec. 3–205.44), and augments existing programs, projects, or re- pended: Provided, That funds for use of each for payment of the non-Federal share of sponsibility centers through a reprogram- capital project implementing agency shall be funds necessary to qualify for grants under ming of funds in excess of $1,000,000 or 10 per- managed and controlled in accordance with subtitle A of title II of the Violent Crime cent, whichever is less; or (7) increases by 20 all procedures and limitations established Control and Law Enforcement Act of 1994. percent or more personnel assigned to a spe- under the Financial Management System: SEC. 108. No part of any appropriation con- cific program, project, or responsibility cen- Provided further, That all funds provided by tained in this Act shall remain available for ter; unless the Appropriations Committees of this appropriation title shall be available obligation beyond the current fiscal year un- both the Senate and House of Representa- only for the specific projects and purposes less expressly so provided herein. tives are notified in writing 30 days in ad- intended: Provided further, That notwith- SEC. 109. No funds appropriated in this Act vance of any reprogramming as set forth in standing the foregoing, all authorizations for for the District of Columbia government for this section. capital outlay projects, except those projects the operation of educational institutions, SEC. 117. None of the Federal funds pro- covered by the first sentence of section 23(a) the compensation of personnel, or for other vided in this Act shall be obligated or ex- of the Federal-Aid Highway Act of 1968, ap- educational purposes may be used to permit, pended to procure passenger automobiles as proved August 23, 1968 (82 Stat. 827; Public encourage, facilitate, or further partisan po- defined in the Automobile Fuel Efficiency Law 90–495; D.C. Code, sec. 7–134, note), for litical activities. Nothing herein is intended Act of 1980, approved October 10, 1980 (94 which funds are provided by this appropria- to prohibit the availability of school build- Stat. 1824; Public Law 96–425; 15 U.S.C. tion title, shall expire on September 30, 2001, ings for the use of any community or par- 2001(2)), with an Environmental Protection except authorizations for projects as to tisan political group during non-school Agency estimated miles per gallon average which funds have been obligated in whole or hours. of less than 22 miles per gallon: Provided, in part prior to September 30, 2001: Provided SEC. 110. None of the funds appropriated in That this section shall not apply to security, further, That, upon expiration of any such this Act shall be made available to pay the emergency rescue, or armored vehicles. project authorization, the funds provided salary of any employee of the District of Co- SEC. 118. (a) Strike the last sentence of sec- herein for the project shall lapse. lumbia government whose name, title, grade, tion 422(7) of the District of Columbia Home salary, past work experience, and salary his- Rule Act, approved December 24, 1973 (87 GENERAL PROVISIONS tory are not available for inspection by the Stat. 790; Public Law 93–198; D.C. Code, sec. SECTION 101. The expenditure of any appro- House and Senate Committees on Appropria- 1–242(7)). priation under this Act for any consulting tions, the Subcommittee on the District of (b) Notwithstanding section 4(a) of the Dis- service through procurement contract, pur- Columbia of the House Committee on Gov- trict of Columbia Redevelopment Act of 1945, suant to 5 U.S.C. 3109, shall be limited to ernment Reform, the Subcommittee on Over- approved August 2, 1946 (60 Stat. 793; Public those contracts where such expenditures are sight of Government Management, Restruc- Law 79–592; D.C. Code, sec. 5–803(a)), the a matter of public record and available for turing and the District of Columbia of the Board of Directors of the District of Colum- public inspection, except where otherwise Senate Committee on Governmental Affairs, bia Redevelopment Land Agency shall be provided under existing law, or under exist- and the Council of the District of Columbia, paid, during any fiscal year, per diem com- ing Executive Order issued pursuant to exist- or their duly authorized representative. pensation at a rate established by the ing law. SEC. 111. There are appropriated from the Mayor. SEC. 102. Except as otherwise provided in applicable funds of the District of Columbia SEC. 119. Notwithstanding any other provi- this Act, all vouchers covering expenditures such sums as may be necessary for making sions of law, the provisions of the District of of appropriations contained in this Act shall payments authorized by the District of Co- Columbia Government Comprehensive Merit be audited before payment by the designated lumbia Revenue Recovery Act of 1977, effec- Personnel Act of 1978, effective March 3, 1979 certifying official, and the vouchers as ap- tive September 23, 1977 (D.C. Law 2–20; D.C. (D.C. Law 2–139; D.C. Code, sec. 1–601.1 et proved shall be paid by checks issued by the Code, sec. 47–421 et seq.). seq.), enacted pursuant to section 422(3) of designated disbursing official. SEC. 112. No part of this appropriation shall the District of Columbia Home Rule Act, ap- SEC. 103. Whenever in this Act an amount be used for publicity or propaganda purposes proved December 24, 1973 (87 Stat. 790; Public is specified within an appropriation for par- or implementation of any policy including Law 93–198; D.C. Code, sec. 1–242(3)), shall ticular purposes or objects of expenditure, boycott designed to support or defeat legisla- apply with respect to the compensation of such amount, unless otherwise specified, tion pending before Congress or any State District of Columbia employees: Provided, shall be considered as the maximum amount legislature. That for pay purposes, employees of the Dis- that may be expended for said purpose or ob- SEC. 113. At the start of the fiscal year, the trict of Columbia government shall not be ject rather than an amount set apart exclu- Mayor shall develop an annual plan, by quar- subject to the provisions of title 5, United sively therefor. ter and by project, for capital outlay bor- States Code. SEC. 104. Appropriations in this Act shall rowings: Provided, That within a reasonable SEC. 120. No later than 30 days after the be available, when authorized by the Mayor, time after the close of each quarter, the end of the first quarter of the fiscal year end- for allowances for privately owned auto- Mayor shall report to the Council of the Dis- ing September 30, 2000, the Mayor of the Dis- mobiles and motorcycles used for the per- trict of Columbia and the Congress the ac- trict of Columbia shall submit to the Council formance of official duties at rates estab- tual borrowings and spending progress com- of the District of Columbia the new fiscal lished by the Mayor: Provided, That such pared with projections. year 2000 revenue estimates as of the end of rates shall not exceed the maximum pre- SEC. 114. The Mayor shall not borrow any the first quarter of fiscal year 2000. These es- vailing rates for such vehicles as prescribed funds for capital projects unless the Mayor timates shall be used in the budget request in the Federal Property Management Regu- has obtained prior approval from the Council for the fiscal year ending September 30, 2001. lations 101–7 (Federal Travel Regulations). of the District of Columbia, by resolution, The officially revised estimates at midyear SEC. 105. Appropriations in this Act shall identifying the projects and amounts to be shall be used for the midyear report. be available for expenses of travel and for financed with such borrowings. SEC. 121. No sole source contract with the the payment of dues of organizations con- SEC. 115. The Mayor shall not expend any District of Columbia government or any cerned with the work of the District of Co- moneys borrowed for capital projects for the agency thereof may be renewed or extended lumbia government, when authorized by the operating expenses of the District of Colum- without opening that contract to the com- Mayor: Provided, That, in the case of the bia government. petitive bidding process as set forth in sec- Council of the District of Columbia, funds SEC. 116. None of the funds provided under tion 303 of the District of Columbia Procure- may be expended with the authorization of this Act to the agencies funded by this Act, ment Practices Act of 1985, effective Feb- the chair of the Council. both Federal and District government agen- ruary 21, 1986 (D.C. Law 6–85; D.C. Code, sec. SEC. 106. There are appropriated from the cies, that remain available for obligation or 1–1183.3), except that the District of Colum- applicable funds of the District of Columbia expenditure in fiscal year 2000, or provided bia government or any agency thereof may such sums as may be necessary for making from any accounts in the Treasury of the renew or extend sole source contracts for refunds and for the payment of judgments United States derived by the collection of which competition is not feasible or prac- that have been entered against the District fees available to the agencies funded by this tical: Provided, That the determination as to of Columbia government: Provided, That Act, shall be available for obligation or ex- whether to invoke the competitive bidding nothing contained in this section shall be penditure for an agency through a re- process has been made in accordance with construed as modifying or affecting the pro- programming of funds which: (1) creates new duly promulgated rules and procedures and visions of section 11(c)(3) of title XII of the programs; (2) eliminates a program, project, said determination has been reviewed and District of Columbia Income and Franchise or responsibility center; (3) establishes or approved by the District of Columbia Finan- Tax Act of 1947, approved March 31, 1956 (70 changes allocations specifically denied, lim- cial Responsibility and Management Assist- Stat. 78; Public Law 84–460; D.C. Code, sec. ited or increased by Congress in the Act; (4) ance Authority. 47–1812.11(c)(3)). increases funds or personnel by any means SEC. 122. For purposes of the Balanced SEC. 107. Appropriations in this Act shall for any program, project, or responsibility Budget and Emergency Deficit Control Act be available for the payment of public assist- center for which funds have been denied or of 1985, as amended, the term ‘‘program, ance without reference to the requirement of restricted; (5) reestablishes through re- project, and activity’’ shall be synonymous S8304 CONGRESSIONAL RECORD — SENATE July 12, 1999 with and refer specifically to each account University of the District of Columbia; pay- gations, and total fiscal year expenditure appropriating Federal funds in this Act, and ments made in the last quarter and year-to- projections versus budget, broken out on the any sequestration order shall be applied to date, the total amount of the contract and basis of control center, responsibility center, each of the accounts rather than to the ag- total payments made for the contract and agency reporting code, and object class, and gregate total of those accounts: Provided, any modifications, extensions, renewals; and for all funds, including capital financing; That sequestration orders shall not be ap- specific modifications made to each contract (2) a list of each account for which spend- plied to any account that is specifically ex- in the last month; ing is frozen and the amount of funds frozen, empted from sequestration by the Balanced (4) all reprogramming requests and reports broken out by control center, responsibility Budget and Emergency Deficit Control Act that have been made by the University of the center, detailed object, and agency reporting of 1985. District of Columbia within the last quarter code, and for all funding sources; SEC. 123. In the event a sequestration order in compliance with applicable law; and (3) a list of all active contracts in excess of is issued pursuant to the Balanced Budget (5) changes made in the last quarter to the $10,000 annually, which contains the name of and Emergency Deficit Control Act of 1985, organizational structure of the University of each contractor; the budget to which the as amended, after the amounts appropriated the District of Columbia, displaying previous contract is charged, broken out on the basis to the District of Columbia for the fiscal and current control centers and responsi- of control center, responsibility center, and year involved have been paid to the District bility centers, the names of the organiza- agency reporting code; and contract identi- of Columbia, the Mayor of the District of Co- tional entities that have been changed, the fying codes used by the District of Columbia lumbia shall pay to the Secretary of the name of the staff member supervising each Public Schools; payments made in the last Treasury, within 15 days after receipt of a re- entity affected, and the reasons for the quarter and year-to-date, the total amount quest therefor from the Secretary of the structural change. of the contract and total payments made for Treasury, such amounts as are sequestered (b) The Mayor, the Authority, and the the contract and any modifications, exten- by the order: Provided, That the sequestra- Council shall provide the Congress by Feb- sions, renewals; and specific modifications tion percentage specified in the order shall ruary 1, 2000, a summary, analysis, and rec- made to each contract in the last month; be applied proportionately to each of the ommendations on the information provided (4) all reprogramming requests and reports Federal appropriation accounts in this Act in the quarterly reports. that are required to be, and have been, sub- that are not specifically exempted from se- SEC. 127. Funds authorized or previously mitted to the Board of Education; and questration by such Act. appropriated to the government of the Dis- (5) changes made in the last quarter to the SEC. 124. (a) An entity of the District of Co- trict of Columbia by this or any other Act to organizational structure of the D.C. Public lumbia government may accept and use a procure the necessary hardware and installa- Schools, displaying previous and current gift or donation during fiscal year 2000 if— tion of new software, conversion, testing, control centers and responsibility centers, (1) the Mayor approves the acceptance and and training to improve or replace its finan- the names of the organizational entities that cial management system are also available use of the gift or donation: Provided, That have been changed, the name of the staff for the acquisition of accounting and finan- the Council of the District of Columbia may member supervising each entity affected, cial management services and the leasing of accept and use gifts without prior approval and the reasons for the structural change. necessary hardware, software or any other by the Mayor; and SEC. 132. (a) IN GENERAL.—The Super- (2) the entity uses the gift or donation to related goods or services, as determined by intendent of the District of Columbia Public carry out its authorized functions or duties. the District of Columbia Financial Responsi- Schools and the University of the District of (b) Each entity of the District of Columbia bility and Management Assistance Author- Columbia shall annually compile an accurate government shall keep accurate and detailed ity. and verifiable report on the positions and SEC. 128. None of the funds contained in records of the acceptance and use of any gift employees in the public school system and this Act may be made available to pay the or donation under subsection (a) of this sec- the university, respectively. The annual re- fees of an attorney who represents a party tion, and shall make such records available port shall set forth— who prevails in an action, including an ad- for audit and public inspection. (1) the number of validated schedule A po- (c) For the purposes of this section, the ministrative proceeding, brought against the District of Columbia Public Schools under sitions in the District of Columbia public term ‘‘entity of the District of Columbia schools and the University of the District of government’’ includes an independent agen- the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) if— Columbia for fiscal year 1999, fiscal year 2000, cy of the District of Columbia. and thereafter on full-time equivalent basis, (d) This section shall not apply to the Dis- (1) the hourly rate of compensation of the attorney exceeds the hourly rate of com- including a compilation of all positions by trict of Columbia Board of Education, which control center, responsibility center, funding may, pursuant to the laws and regulations of pensation under section 11–2604(a), District of Columbia Code; or source, position type, position title, pay the District of Columbia, accept and use plan, grade, and annual salary; and gifts to the public schools without prior ap- (2) the maximum amount of compensation of the attorney exceeds the maximum (2) a compilation of all employees in the proval by the Mayor. District of Columbia public schools and the SEC. 125. None of the Federal funds pro- amount of compensation under section 11– 2604(b)(1), District of Columbia Code, except University of the District of Columbia as of vided in this Act may be used by the District the preceding December 31, verified as to its of Columbia to provide for salaries, expenses, that compensation and reimbursement in ex- cess of such maximum may be approved for accuracy in accordance with the functions or other costs associated with the offices of that each employee actually performs, by United States Senator or United States Rep- extended or complex representation in ac- cordance with section 11–2604(c), District of control center, responsibility center, agency resentative under section 4(d) of the District reporting code, program (including funding of Columbia Statehood Constitutional Con- Columbia Code. SEC. 129. None of the funds appropriated source), activity, location for accounting vention Initiatives of 1979, effective March purposes, job title, grade and classification, 10, 1981 (D.C. Law 3–171; D.C. Code, sec. 1– under this Act shall be expended for any abortion except where the life of the mother annual salary, and position control number. 113(d)). (b) SUBMISSION.—The annual report re- SEC. 126. (a) The University of the District would be endangered if the fetus were carried to term or where the pregnancy is the result quired by subsection (a) of this section shall of Columbia shall submit to the Mayor, the be submitted to the Congress, the Mayor, the District of Columbia Financial Responsi- of an act of rape or incest. SEC. 130. None of the funds made available District of Columbia Council, the Consensus bility and Management Assistance Author- in this Act may be used to implement or en- Commission, and the Authority, not later ity, and the Council of the District of Colum- force the Health Care Benefits Expansion than February 15 of each year. bia no later than 15 calendar days after the Act of 1992 (D.C. Law 9–114; D.C. Code, sec. SEC. 133. (a) No later than October 1, 1999, end of each quarter a report that sets forth— 36–1401 et seq.) or to otherwise implement or or within 30 calendar days after the date of (1) current quarter expenditures and obli- enforce any system of registration of unmar- the enactment of this Act, whichever occurs gations, year-to-date expenditures and obli- ried, cohabiting couples (whether homo- later, and each succeeding year, the Super- gations, and total fiscal year expenditure sexual, heterosexual, or lesbian), including intendent of the District of Columbia Public projections versus budget, broken out on the but not limited to registration for the pur- Schools and the University of the District of basis of control center, responsibility center, pose of extending employment, health, or Columbia shall submit to the appropriate and object class, and for all funds, non-ap- governmental benefits to such couples on the congressional committees, the Mayor, the propriated funds, and capital financing; same basis that such benefits are extended to District of Columbia Council, the Consensus (2) a list of each account for which spend- legally married couples. Commission, and the District of Columbia ing is frozen and the amount of funds frozen, SEC. 131. The Superintendent of the Dis- Financial Responsibility and Management broken out by control center, responsibility trict of Columbia Public Schools shall sub- Assistance Authority, a revised appropriated center, detailed object, and for all funding mit to the Congress, the Mayor, the District funds operating budget for the public school sources; of Columbia Financial Responsibility and system and the University of the District of (3) a list of all active contracts in excess of Management Assistance Authority, and the Columbia for such fiscal year that is in the $10,000 annually, which contains the name of Council of the District of Columbia no later total amount of the approved appropriation each contractor; the budget to which the than 15 calendar days after the end of each and that realigns budgeted data for personal contract is charged, broken out on the basis quarter a report that sets forth— services and other-than-personal services, re- of control center and responsibility center, (1) current quarter expenditures and obli- spectively, with anticipated actual expendi- and contract identifying codes used by the gations, year-to-date expenditures and obli- tures. July 12, 1999 CONGRESSIONAL RECORD — SENATE S8305 (b) The revised budget required by sub- accepted, obligated, or expended pursuant to school-based personnel for retention pur- section (a) of this section shall be submitted paragraph (1) until— poses. in the format of the budget that the Super- (A) the Chief Financial Officer of the Dis- SEC. 138. (a) Except as otherwise provided intendent of the District of Columbia Public trict of Columbia submits to the Authority a in this section, none of the funds made avail- Schools and the University of the District of report setting forth detailed information re- able by this Act or by any other Act may be Columbia submit to the Mayor of the Dis- garding such grant; and used to provide any officer or employee of trict of Columbia for inclusion in the May- (B) the Authority has reviewed and ap- the District of Columbia with an official ve- or’s budget submission to the Council of the proved the acceptance, obligation, and ex- hicle unless the officer or employee uses the District of Columbia pursuant to section 442 penditure of such grant in accordance with vehicle only in the performance of the offi- of the District of Columbia Home Rule Act, review and approval procedures consistent cer’s or employee’s official duties. For pur- Public Law 93–198, as amended (D.C. Code, with the provisions of the District of Colum- poses of this paragraph, the term ‘‘official sec. 47–301). bia Financial Responsibility and Manage- duties’’ does not include travel between the SEC. 134. The District of Columbia Finan- ment Assistance Act of 1995. officer’s or employee’s residence and work- cial Responsibility and Management Assist- (3) PROHIBITION ON SPENDING IN ANTICIPA- place (except: (1) in the case of an officer or ance Authority, acting on behalf of the Dis- TION OF APPROVAL OR RECEIPT.—No amount employee of the Metropolitan Police Depart- trict of Columbia Public Schools [DCPS] in may be obligated or expended from the gen- ment who resides in the District of Columbia formulating the DCPS budget, the Board of eral fund or other funds of the District gov- or is otherwise designated by the Chief of the Trustees of the University of the District of ernment in anticipation of the approval or Department; (2) at the discretion of the Fire Columbia, the Board of Library Trustees, receipt of a grant under paragraph (2)(B) of Chief, an officer or employee of the D.C. Fire and the Board of Governors of the University this subsection or in anticipation of the ap- and Emergency Ambulance Department who of the District of Columbia School of Law proval or receipt of a Federal, private, or resides in the District of Columbia and is on shall vote on and approve the respective an- other grant not subject to such paragraph. call 24 hours a day; (3) the Mayor of the Dis- nual or revised budgets for such entities be- (4) QUARTERLY REPORTS.—The Chief Finan- trict of Columbia; and (4) the Chairman of fore submission to the Mayor of the District cial Officer of the District of Columbia shall the Council of the District of Columbia). of Columbia for inclusion in the Mayor’s prepare a quarterly report setting forth de- (b) The Mayor of the District of Columbia budget submission to the Council of the Dis- tailed information regarding all Federal, pri- shall submit, by November 15, 1999, an inven- trict of Columbia in accordance with section vate, and other grants subject to this sub- tory, as of September 30, 1999, of all vehicles 442 of the District of Columbia Home Rule section. Each such report shall be submitted owned, leased or operated by the District of Act, Public Law 93–198, as amended (D.C. to the Council of the District of Columbia, Columbia government. The inventory shall Code, sec. 47–301), or before submitting their and to the Committees on Appropriations of include, but not be limited to, the depart- respective budgets directly to the Council. the House of Representatives and the Senate, ment to which the vehicle is assigned; the SEC. 135. (a) CEILING ON TOTAL OPERATING not later than 15 days after the end of the year and make of the vehicle; the acquisition EXPENSES.— quarter covered by the report. date and cost; the general condition of the (1) IN GENERAL.—Notwithstanding any (c) REPORT ON EXPENDITURES BY FINANCIAL vehicle; annual operating and maintenance other provision of law, the total amount ap- RESPONSIBILITY AND MANAGEMENT ASSIST- costs; current mileage; and whether the vehi- propriated in this Act for operating expenses ANCE AUTHORITY.—Not later than 20 calendar cle is allowed to be taken home by a District for the District of Columbia for fiscal year days after the end of each fiscal quarter officer or employee and if so, the officer or 2000 under the caption ‘‘Division of Ex- starting October 1, 1999, the Authority shall employee’s title and resident location. penses’’ shall not exceed the lesser of— submit a report to the Committees on Appro- SEC. 139. (a) For purposes of determining (A) the sum of the total revenues of the priations of the House of Representatives the amount of funds expended by any entity District of Columbia for such fiscal year; or and the Senate, the Committee on Govern- within the District of Columbia government (B) $5,486,829,000 (of which $152,753,000 shall ment Reform of the House, and the Com- during fiscal year 2000 and each succeeding be from intra-District funds and $3,108,304,000 mittee on Governmental Affairs of the Sen- fiscal year, any expenditures of the District shall be from local funds), which amount ate providing an itemized accounting of all government attributable to any officer or may be increased by the following: non-appropriated funds obligated or ex- employee of the District government who (i) proceeds of one-time transactions, pended by the Authority for the quarter. The provides services which are within the au- which are expended for emergency or unan- report shall include information on the date, thority and jurisdiction of the entity (in- ticipated operating or capital needs approved amount, purpose, and vendor name, and a de- cluding any portion of the compensation by the District of Columbia Financial Re- scription of the services or goods provided paid to the officer or employee attributable sponsibility and Management Assistance Au- with respect to the expenditures of such to the time spent in providing such services) thority; or funds. shall be treated as expenditures made from (ii) after notification to the Council, addi- SEC. 136. If a department or agency of the the entity’s budget, without regard to tional expenditures which the Chief Finan- government of the District of Columbia is whether the officer or employee is assigned cial Officer of the District of Columbia cer- under the administration of a court-ap- to the entity or otherwise treated as an offi- tifies will produce additional revenues dur- pointed receiver or other court-appointed of- cer or employee of the entity. ing such fiscal year at least equal to 200 per- ficial during fiscal year 2000 or any suc- (b) The District of Columbia Government cent of such additional expenditures, and ceeding fiscal year, the receiver or official Comprehensive Merit Personnel Act of 1978 that are approved by the Authority. shall prepare and submit to the Mayor, for (D.C. Code, sec. 1–601.1 et seq.), as amended, (2) ENFORCEMENT.—The Chief Financial Of- inclusion in the annual budget of the Dis- is further amended in section 2408(a) by de- ficer of the District of Columbia and the Au- trict of Columbia for the year, annual esti- leting ‘‘1999’’ and inserting, ‘‘2000’’; in sub- thority shall take such steps as are nec- mates of the expenditures and appropriations section (b), by deleting ‘‘1999’’ and inserting essary to assure that the District of Colum- necessary for the maintenance and operation ‘‘2000’’; in subsection (i), by deleting ‘‘1999’’ bia meets the requirements of this section, of the department or agency. All such esti- and inserting, ‘‘2000’’; and in subsection (k), including the apportioning by the Chief Fi- mates shall be forwarded by the Mayor to by deleting ‘‘1999’’ and inserting, ‘‘2000’’. nancial Officer of the appropriations and the Council, for its action pursuant to sec- SEC. 140. Notwithstanding any other provi- funds made available to the District during tions 446 and 603(c) of the District of Colum- sion of law, not later than 120 days after the fiscal year 2000, except that the Chief Finan- bia Home Rule Act, without revision but date that a District of Columbia Public cial Officer may not reprogram for operating subject to the Mayor’s recommendations. Schools [DCPS] student is referred for eval- expenses any funds derived from bonds, Notwithstanding any provision of the Dis- uation or assessment— notes, or other obligations issued for capital trict of Columbia Home Rule Act, approved (1) the District of Columbia Board of Edu- projects. December 24, 1973 (87 Stat. 790; Public Law cation, or its successor, and DCPS shall as- (b) ACCEPTANCE AND USE OF GRANTS NOT 93–198; D.C. Code, sec. 1–101 et seq.), the sess or evaluate a student who may have a INCLUDED IN CEILING.— Council may comment or make rec- disability and who may require special edu- (1) IN GENERAL.—Notwithstanding sub- ommendations concerning such annual esti- cation services; and section (a), the Mayor, in consultation with mates but shall have no authority under (2) if a student is classified as having a dis- the Chief Financial Officer, during a control such Act to revise such estimates. ability, as defined in section 101(a)(1) of the year, as defined in section 305(4) of the Dis- SEC. 137. (a) Notwithstanding any other Individuals with Disabilities Education Act trict of Columbia Financial Responsibility provision of law, rule, or regulation, an em- (84 Stat. 175; 20 U.S.C. 1401(a)(1)) or in section and Management Assistance Act of 1995, ap- ployee of the District of Columbia public 7(8) of the Rehabilitation Act of 1973 (87 Stat. proved April 17, 1995 (Public Law 104–8; 109 schools shall be— 359; 29 U.S.C. 706(8)), the Board and DCPS Stat. 152), may accept, obligate, and expend (1) classified as an Educational Service em- shall place that student in an appropriate Federal, private, and other grants received ployee; program of special education services. by the District government that are not re- (2) placed under the personnel authority of SEC. 141. Notwithstanding any provision of flected in the amounts appropriated in this the Board of Education; and any Federally-granted charter or any other Act. (3) subject to all Board of Education rules. provision of law, beginning with fiscal year (2) REQUIREMENT OF CHIEF FINANCIAL OFFI- (b) School-based personnel shall constitute 1999 and for each fiscal year thereafter, the CER REPORT AND AUTHORITY APPROVAL.—No a separate competitive area from nonschool- real property of the National Education As- such Federal, private, or other grant may be based personnel who shall not compete with sociation located in the District of Columbia S8306 CONGRESSIONAL RECORD — SENATE July 12, 1999

shall be subject to taxation by the District ‘‘(2) CONDITIONS ON USE.—The reserve SEC. 151. (a) FINDINGS.—The Senate finds of Columbia in the same manner as any simi- funds— the following: lar organization. ‘‘(A) shall only be expended according to (1) The District of Columbia has recently SEC. 142. None of the funds contained in criteria established by the Chief Financial witnessed a spate of senseless killings of in- this Act may be used for purposes of the an- Officer and approved by the Mayor, Council nocent citizens caught in the crossfire of nual independent audit of the District of Co- of the District of Columbia, and District of shootings. A Justice Department crime vic- lumbia government (including the District of Columbia Financial Responsibility and Man- timization survey found that while the city Columbia Financial Responsibility and Man- agement Assistance Authority, but, in no saw a decline in the homicide rate between agement Assistance Authority) for fiscal case may any of the reserve funds be ex- 1996 and 1997, the rate was the highest among year 2000 unless— pended until any other surplus funds have a dozen cities and more than double the sec- (1) the audit is conducted by the Inspector been used; ond highest city. General of the District of Columbia pursuant ‘‘(B) shall not be used to fund the agencies (2) The District of Columbia has not made to section 208(a)(4) of the District of Colum- of the District of Columbia government adequate funding available to fight drug bia Procurement Practices Act of 1985 (D.C. under court ordered receivership; and abuse in recent years, and the city has not Code, sec. 1–1182.8(a)(4)); and ‘‘(C) shall not be used to fund shortfalls in deployed its resources as effectively as pos- (2) the audit includes a comparison of au- the projected reductions budgeted in the sible. In fiscal year 1998, $20,900,000 was spent dited actual year-end results with the reve- budget proposed by the District of Columbia on publicly funded drug treatment in the nues submitted in the budget document for government for general supply schedule sav- District compared to $29,000,000 in fiscal year such year and the appropriations enacted ings and management reform savings. 1993. The District’s Addiction and Prevention into law for such year. ‘‘(3) REPORT REQUIREMENT.—The Authority and Recovery Agency currently has only SEC. 143. Nothing in this Act shall be con- shall notify the Appropriations Committees 2,200 treatment slots, a 50 percent drop from strued to authorize any office, agency or en- of both the Senate and House of Representa- 1994, with more than 1,100 people on waiting tity to expend funds for programs or func- tives in writing 30 days in advance of any ex- lists. tions for which a reorganization plan is re- penditure of the reserve funds.’’. (3) The District of Columbia has seen a quired but has not been approved by the Dis- (b) Section 202 of the District of Columbia rash of inmate escapes from halfway houses. trict of Columbia Financial Responsibility Financial Responsibility and Management According to Department of Corrections and Management Assistance Authority. Ap- Assistance Act of 1995 (Public Law 104–8) is records, between October 21, 1998 and Janu- propriations made by this Act for such pro- amended by adding at the end the following: ary 19, 1999, 376 of the 1,125 inmates assigned grams or functions are conditioned only on ‘‘(j) POSITIVE FUND BALANCE.— to halfway houses walked away. Nearly 280 the approval by the Authority of the re- ‘‘(1) IN GENERAL.—The District of Columbia of the 376 escapees were awaiting trial in- quired reorganization plans. shall maintain at the end of a fiscal year an cluding 2 charged with murder. SEC. 144. Notwithstanding any other provi- annual positive fund balance in the general (4) The District of Columbia public schools sion of law, rule, or regulation, the evalua- fund of not less than 4 percent of the pro- tion process and instruments for evaluating system faces serious challenges in correcting jected general fund expenditures for the fol- chronic problems, particularly long-standing District of Columbia Public Schools employ- lowing fiscal year. ees shall be a non-negotiable item for collec- deficiencies in providing special education ‘‘(2) EXCESS FUNDS.—Of funds remaining in services to the 1 in 10 District students need- tive bargaining purposes. excess of the amounts required by paragraph SEC. 145. None of the funds contained in ing program benefits, including backlogged (1)— this Act may be used by the District of Co- assessments, and repeated failure to meet a ‘‘(A) not more than 50 percent may be used lumbia Corporation Counsel or any other of- compliance agreement on special education for authorized non-recurring expenses; and ficer or entity of the District government to reached with the Department of Education. provide assistance for any petition drive or ‘‘(B) not less than 50 percent shall be used (5) Deficiencies in the delivery of basic civil action which seeks to require Congress to reduce the debt of the District of Colum- public services from cleaning streets to wait- to provide for voting representation in Con- bia.’’. ing time at Department of Motor Vehicles to SEC. 149. Notwithstanding any other provi- gress for the District of Columbia. a rat population estimated earlier this year sion of law, funds provided by section 131 of SEC. 146. None of the funds contained in to exceed the human population have gen- this Act may be used after April 1, 2000, to Division A of Public Law 105–277 (112 Stat. erated considerable public frustration. transfer or confine inmates classified above 2681–552) may also be used by the Mayor, in (6) Last year, the District of Columbia for- the medium security level, as defined by the consultation with the Council of the District feited millions of dollars in Federal grants of Columbia and the National Capital Revi- Federal Bureau of Prisons classification in- after Federal auditors determined that sev- talization Corporation, for the purposes of strument, to the Northeast Ohio Correc- eral agencies exceeded grant restrictions and providing offsets against local taxes for com- tional Center located in Youngstown, Ohio. in other instances, failed to spend funds be- mercial revitalization in empowerment zones SEC. 147. (a) No later than November 1, fore the grants expired. and low and moderate income areas. 1999, or within 30 calendar days after the (7) Findings of a 1999 report by the Annie SEC. 150. WIRELESS COMMUNICATIONS. (a) IN date of the enactment of this Act, whichever E. Casey Foundation that measured the well- GENERAL.—Notwithstanding any other provi- occurs later, the Chief Financial Officer being of children reflected that, with 1 ex- shall submit to the appropriate committees sion of law, not later than 7 days after the date of enactment of this Act, the Secretary ception, the District ranked worst in the of Congress, the Mayor, and the District of United States in every category from infant Columbia Financial Responsibility and Man- of the Interior, acting through the Director of the National Park Service, shall— mortality to the rate of teenage births to agement Assistance Authority a revised ap- statistics chronicling child poverty. propriated funds operating budget for all (1) implement the notice of decision ap- (b) SENSE OF THE SENATE.—It is the sense agencies of the District of Columbia govern- proved by the National Capital Regional Di- of the Senate that in considering the Dis- ment for such fiscal year that is in the total rector, dated April 7, 1999, including the pro- trict of Columbia’s fiscal year 2001 budget, amount of the approved appropriation and visions of the notice of decision concerning the Senate will take into consideration that realigns budgeted data for personal the issuance of right-of-way permits at mar- progress or lack of progress in addressing the services and other-than-personal-services, ket rates; and respectively, with anticipated actual expend- (2) expend such sums as are necessary to following issues: itures. carry out paragraph (1). (1) Crime, including the homicide rate, im- (b) The revised budget required by sub- (b) ANTENNA APPLICATIONS.— plementation of community policing, the section (a) of this section shall be submitted (1) IN GENERAL.—Not later than 90 days number of police officers on local beats, and in the format of the budget that the District after the date of enactment of this Act, a the closing down of open-air drug markets. of Columbia government submitted pursuant Federal agency that receives an application (2) Access to drug abuse treatment, includ- to section 442 of the District of Columbia to locate a wireless communications antenna ing the number of treatment slots, the num- Home Rule Act, Public Law 93–198, as amend- on Federal property in the District of Colum- ber of people served, the number of people on ed (D.C. Code, sec. 47–301). bia or surrounding area over which the Fed- waiting lists, and the effectiveness of treat- SEC. 148. (a) Section 202(i) of the District of eral agency exercises control shall take final ment programs. Columbia Financial Responsibility and Man- action on the application, including action (3) Management of parolees and pretrial agement Assistance Act of 1995 (Public Law on the issuance of right-of-way permits at violent offenders, including the number of 104–8) is amended to read as follows: market rates. halfway house escapes and steps taken to im- ‘‘(i) RESERVE.— (2) GUIDANCE.—In making a decision con- prove monitoring and supervision of halfway ‘‘(1) IN GENERAL.—Beginning with fiscal cerning wireless service in the District of Co- house residents to reduce the number of es- year 2000, the plan or budget submitted pur- lumbia or surrounding area, a Federal agen- capes. suant to this Act shall contain $150,000,000 cy described in paragraph (1) may consider, (4) Education, including access to special for a reserve to be established by the Mayor, but shall not be bound by, any decision or education services and student achievement. Council of the District of Columbia, Chief Fi- recommendation of— (5) Improvement in basic city services, in- nancial Officer for the District of Columbia, (A) the National Capital Planning Commis- cluding rat control and abatement. and the District of Columbia Financial Re- sion; or (6) Application for and management of sponsibility and Management Assistance Au- (B) any other area commission or author- Federal grants. thority. ity. (7) Indicators of child well-being. July 12, 1999 CONGRESSIONAL RECORD — SENATE S8307 SEC. 152. The Mayor, prior to using Federal Mr. President, I further ask unani- will be in a period of morning business Medicaid payments to Disproportionate mous consent that the Senate stand in tomorrow until 10 a.m. Following Share Hospitals to serve a small number of recess from the hours of 12:30 to 2:15 morning business, the Senate will re- childless adults, should consider the rec- p.m. for the weekly policy conferences sume consideration of the Patients’ ommendations of the Health Care Develop- to meet. I finally ask unanimous con- Bill of Rights. Further amendments to ment Commission that has been appointed sent that when the Senate reconvenes the bill are expected to be offered and by the Council of the District of Columbia to at 2:15 p.m. Senator SMITH of New debated throughout Tuesday’s session review this program, and consult and report Hampshire be recognized for a point of to Congress on the use of these funds. of the Senate. For the information of personal privilege for not to exceed 45 all Senators, votes can be expected on SEC. 153. GAO STUDY OF DISTRICT OF COLUM- minutes. BIA CRIMINAL JUSTICE SYSTEM. Not later than or in relation to the pending amend- Mr. REID. Reserving the right to ob- ments throughout Tuesday’s session. 1 year after the date of enactment of this ject, Mr. President, I say to my friend, Act, the Comptroller General of the United the majority whip, that I hope during Mr. REID. Mr. President, if the Sen- States shall— the evening or in the morning the ma- ator will yield, I also alert Members (1) conduct a study of the law enforcement, jority would agree that we can tomor- that tomorrow at 10 o’clock when we court, prison, probation, parole, and other row, until this bill is concluded, alter- come in we are going to complete de- components of the criminal justice system of nate the offering of amendments. That bate on the emergency care amend- the District of Columbia, in order to identify way we don’t have Senators trying to, ment that was offered this evening. the components most in need of additional in effect, jump ahead of someone else. The majority has about 35 minutes and resources, including financial, personnel, and I think it would add to much better the minority about 10 minutes, so that management resources; and movement of this bill. I hope my friend Members have some idea of what we (2) submit to Congress a report on the re- could move that along. are going to be doing at 10 o’clock to- sults of the study under paragraph (1). SEC. 154. TERMINATION OF PAROLE FOR ILLE- The PRESIDING OFFICER. The Sen- morrow morning. Those wishing to GAL DRUG USE. (a) ARREST FOR VIOLATION OF ator from Oklahoma. speak on that issue should be ready to PAROLE.—Section 205 of title 24 of the Dis- Mr. NICKLES. Mr. President, I appre- do so. trict of Columbia Code is amended— ciate Senator REID’s suggestion. I Mr. NICKLES. Mr. President, I appre- (1) in the first sentence, by striking ‘‘If think it is a good suggestion. It is cer- ciate my colleague’s thoughts on that. the’’ and inserting the following: tainly my intention to alternate. I For the information of all Senators, we ‘‘(a) If the’’; and think the unanimous consent request will be debating the emergency room (2) by adding at the end the following: agreement that we have calls for alter- amendment at 10 o’clock followed by ‘‘(b) Notwithstanding subsection (a), with nating first-degree amendments and subsequent amendments. respect to a prisoner who is convicted of a says that each side shall have a second- f crime of violence (as defined in § 23–1331) and degree amendment. It didn’t say we who is released on parole at any time during would be alternating from first-degree EFFORTS TO SECURE THE RE- the term or terms of the prisoner’s sentence to second-degree amendments. I think LEASE OF HUMANITARIAN for that offense, the Board of Parole shall the suggestion of my colleague from WORKERS IN THE FEDERAL RE- issue a warrant for the retaking of the pris- Nevada is a good one, and I will work PUBLIC OF YUGOSLAVIA oner in accordance with this section, if the with him to see that is the normal Board, or any member thereof, has reliable order of business. We may at some Mr. NICKLES. Mr. President, I ask information (including positive drug test re- point have a unanimous consent agree- unanimous consent that the Senate sults) that the prisoner has illegally used a ment to do that but not at this time. I now proceed to the immediate consid- controlled substance (as defined in § 33–501) appreciate his suggestion, and as al- eration of H. Con. Res. 144. at any time during the term or terms of the ways, it is a pleasure for me to work The PRESIDING OFFICER. The prisoner’s sentence.’’. with him to see if we can keep the Sen- clerk will report. (b) HEARING AFTER ARREST; TERMINATION ate working together in a collegial and The legislative clerk read as follows: OF PAROLE.—Section 206 of title 24 of the Dis- fair manner. A resolution (H. Con. Res. 144) urging the trict of Columbia Code is amended by adding Mr. REID. Mr. President, further re- at the end the following: United States Government and the United ‘‘(c) Notwithstanding any other provision serving the right to object, I also say Nations to undertake urgent and strenuous of this section, with respect to a prisoner to my friend that I hope tomorrow the efforts to secure the release of Branko Jelen, Steve Pratt, and Peter Wallace, 3 humani- with respect to whom a warrant is issued two leaders can work out a time that tarian workers employed in the Federal Re- under section 205(b), if, after a hearing under we can vote. I assume it would be after the conferences—the problem being public of Yugoslavia by CARE International, this section, the Board of Parole determines who are being unjustly held as prisoners by that the prisoner has illegally used a con- now, with Senator SMITH being recog- nized for a point of personal privilege, the Government of the Federal Republic of trolled substance (as defined in § 33–501) at Yugoslavia. any time during the term or terms of the it would be sometime after that. But I hope the leaders can work that out as There being no objection, the Senate prisoner’s sentence, the Board shall termi- proceeded to consider the concurrent nate the parole of that prisoner.’’. quickly as possible. This Act may be cited as the ‘‘District of Mr. NICKLES. Mr. President, again I resolution. Columbia Appropriations Act, 2000’’. appreciate the clarification of my col- Mr. NICKLES. Mr. President, I ask f league from Nevada. I think it would unanimous consent that the concur- be our intention to vote on the amend- rent resolution be agreed to, the pre- ORDERS FOR TUESDAY, JULY 13, ments. We now have a substitute of- amble be agreed to, the motion to re- 1999 fered. We have three amendments that consider be laid upon the table, and Mr. NICKLES. Mr. President, I ask are pending in line. I expect there will that any statements relating to the unanimous consent that when the Sen- be additional amendments offered to- resolution be printed in the RECORD. ate completes its business today, it morrow and throughout the course of The PRESIDING OFFICER. Without stand in recess until the hour of 9:30 business. a.m. on Tuesday, July 13. I further ask objection, it is so ordered. For the information of all of our col- The concurrent resolution (H. Con. unanimous consent that on Tuesday, leagues, we expect to have several immediately following the prayer, the votes in the next few days. With Sen- Res. 144) was agreed to. Journal of proceedings be approved to ator SMITH’s speech tomorrow after- The preamble was agreed to. date, the morning hour be deemed to noon, my guess is that we will be vot- f have expired, the time for the two lead- ing on the amendments as previously RECESS UNTIL 9:30 A.M. ers be reserved for their use later in ordered sometime shortly after Sen- TOMORROW the day, and the Senate then begin a ator SMITH’s statement. period of morning business until 10 The PRESIDING OFFICER. Is there Mr. NICKLES. Mr. President, if there a.m. with Senators speaking for up to 5 objection? is no further business to come before minutes each with the following excep- the Senate, I now ask unanimous con- tions: Without objection, it is so ordered. sent that the Senate stand in recess f Senator ASHCROFT, or his designee, 20 under the previous order. minutes; PROGRAM There being no objection, the Senate, Senator DASCHLE, or his designee, 10 Mr. NICKLES. Mr. President, for the at 7:37 p.m., recessed until Tuesday, minutes. information of all Senators, the Senate July 13, 1999, at 9:30 a.m. July 12, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E1509 EXTENSIONS OF REMARKS

FINANCIAL SERVICES ACT OF 1999 William Hazaiah Williams Jr., was born in In 1958, Dr. Williams founded Today's Art- Columbus, Ohio, on May 14, 1930, and was ists Concerts. For over three decades, this or- SPEECH OF the youngest of six children born to the Rev. ganization presented an annual concert series HON. JOHN J. DUNCAN, JR. W. Hazaiah Williams, Sr., and Cora Leon Wil- in the Bay Area, as well as concerts in New OF TENNESSEE liams. The Williams family moved to Detroit York, Paris, and Haifa, Israel. In 1981, he es- when William Hazaiah Williams, Jr., was 11 IN THE HOUSE OF REPRESENTATIVES tablished the annual Yachats Music Festival in years old. He attended Adrian College in Adri- Oregon. In 1993, Dr. Williams created Four Thursday, July 1, 1999 an, MI, and received a Bachelor of Arts de- Seasons Concerts, of which he was the Presi- The House in Committee of the Whole gree from Wayne State University School of dent and Artistic Director until his death. Dr. House on the State of the Union had under Theology in Detroit, MI, and a Master of The- Williams served on the Board of Directors of consideration the bill (H.R. 10) to enhance ology degree from Boston University's School the Oakland, California Symphony and the competition in the financial services indus- of Theology in Boston, MA. Dr. Williams did Ross McKee Foundation for the Musical Arts, try by providing a prudential framework for postgraduate work in Sociology at the Univer- and was an honorary board member of the the affiliation of banks, securities firms, and sity of California at Berkeley, and received two Chicago Sinfonietta. other financial service providers, and for honorary Doctorate of Divinity degrees, one other purposes: Dr. Williams leaves behind him a son, Wil- from the Pacific School of Religion and the liam Hazaiah III; a daughter-in-law, Linda Mr. DUNCAN. Madam Chairman, I would other from the Church Divinity School of the Vanterpool; a granddaughter, Lauren of Elk like to thank the gentlelady from New Jersey Pacific, both located in Berkeley, CA. Grove, CA; a daughter, Countess of Los An- for all of her hard work on this legislation and Dr. Williams founded the Church For Today geles, CA; a former wife, Countess of Berke- her efforts on this amendment. I would also in Berkeley, CA, in 1956, the church in which ley, CA; a brother-in-law, Louis Irwin; sisters like to discuss another accounting related mat- he was active as the pastor until his death. Dr. Ruth Williams and Naomi Sharp; brother Wil- ter. Williams formed the Center for Urban-Black liam James Williams; and sister-in-law Rubye I have been informed by a constituent that Studies at the Graduate Theological Union in Williams of Detroit, MI; nephews Frederick the Federal Accounting Standards Board 1969, where he served as the president, in (FASB) may propose a rule eliminating an ac- addition to his service as a full professor for Cornell Sharp of Southfield, MI, and Michael counting practice known as ``pooling''. 20 years. He also taught at the San Francisco Hazaiah Williams of Detroit, MI; the members Pooling is an accounting method used when Theological Seminary and at the College of of the Church For Today; and the staff of Four two companies merge to become one. San Mateo, CA, and was the founder and Seasons Concerts. While Dr. Williams is sore- In a pooling, the acquiring and acquired president of the Alamo Black Clergy, an East ly missed here, we honor and celebrate his companies simply combine their financial Bay, California, consortium of ministers of var- legacy. statements. ious denominations. Dr. Williams led civil f I believe it is important that this issue be rights causes in the San Francisco Bay Area discussed publicly before any final rule is im- and served as Executive Director of the East CONGRATULATIONS TO MARIE plemented. Bay Conference on Race, Religion, and Social SEVELL In addition, it is my understanding that in the Justice. His community work also included past the Federal Accounting Standards Board eight years of service on the Berkeley Board has not always sought adequate input from of Education, during the period in which the HON. BOB FRANKS the accounting or banking communities on Berkeley schools were integrated. OF NEW JERSEY proposed changes in regulations. Dr. Williams lectured extensively at colleges, IN THE HOUSE OF REPRESENTATIVES I would like to thank the chairwoman for her universities, and institutions throughout the efforts on the pending amendment. I would United States, among them: the California In- Monday, July 12, 1999 also appreciate it if she would keep this in stitute of Technology, Howard University, Mr. FRANKS of New Jersey. Mr. Speaker, I mind when the conference committee meets Stanford University, Vanderbilt University, Uni- rise today to recognize a true champion of the so that we include language either in this bill versity of Oklahoma, Lewis and Clark College, arts in New Jersey, Ms. Marie Sevell, and to or future legislation to ensure that this process Beloit College, St. Procopius College, Georgia offer my congratulations on her being honored is an open and fair one. Technological University, University of Wash- with the sixth ``Francis Albert Sinatra Tribute to I thank the gentlelady for her time and at- ington, Merritt College, Evergreen State Col- the Performing Arts'' award from the Garden tention to this matter. lege, University of Santa Clara, Claremont State Arts Center Foundation. College, San Francisco Theological Seminary, f The Garden State Arts Center Foundation American Baptist Seminary of the West, Inter- was established in 1984 to support the Gar- TRIBUTE TO DR. W. HAZAIAH denominational Theological Center, Gammon den State Cultural Center Fund, now in its WILLIAMS Theological Seminary, and the Pacific School 32nd year. By raising money through benefit of Religion. He delivered keynote addresses at receptions, grants, donations and the sale of conferences on racism for the National Protes- HON. BARBARA LEE sponsorships, the Foundation has helped to tant Episcopal Church, the United Church of OF CALIFORNIA provide free performances to New Jersey's IN THE HOUSE OF REPRESENTATIVES Christ, and the Evangelical Lutheran Church in Mission. In the mid-1970s, he was a delegate school children, senior citizens, and other de- Monday, July 12, 1999 to the World Council of Churches' Symposium serving residents. Ms. LEE. Mr. Speaker, I rise today to pay on Black and Liberation Theology in Geneva, Marie Sevell's commitment to the arts in tribute to Dr. W. Hazaiah Williams, a great Switzerland. New Jersey spans over thirty years. As the man of many talents who passed away from In addition to religion and civil rights, Dr. current Chairwoman of the Foundation, and as complications of diabetes April 24, 1999. Dr. Williams was profoundly devoted to music. Dr. a long-time, generous financial contributor to Williams' accomplishments were considerable. Williams taught himself piano at the age of the Cultural Fund, Marie has over the years Dr. Williams brought to the Bay Area some three, and held his first public performance at helped to enable millions of school children of the world's leading artists, including Marian the age of five. Later, he studied piano at the and seniors enjoy the wonderful free programs Anderson, Roland Hayes, Dorothy Maynor, Detroit Institute of Musical Art, the Detroit presented at the PNC Bank Arts Center. Veronica Tyler, Theresa Berganza, Sherrill Conservatory of Music, and Detroit's Robert It is truly fitting that such a tireless advocate Milnes, Grace Bumbry, Jean-Phillippe Collard, Nolan School of Music. At age 15, he was of the arts should receive an award as es- Cyprien Katsaris, Grant Johannesen, Leon Concert Manager of the Robert Nolan Cho- teemed as the Francis Albert Sinatra Tribute Bates, Tatayana Nikolaeva, Natalie Hinderas rale. While in college in Adrian, MI, he hosted to the Performing Arts, which recognizes dedi- among hundreds of others. a musical program on local radio. cation to improving the cultural life of residents

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E1510 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 1999 in the state of New Jersey. Marie Sevell joins son, William, died serving his country in World her family moved to Oakland, where she at- the ranks of this award's many distinguished War II. tended Fremont High School; Ms. Ware later past honorees, including the beloved Frank Si- In 1966, he retired after a 28-year career attended Chabot Community College, where natra himself, and I wish to join her family and with Union Carbide. He is a member of the she earned her certification as a licensed friends in applauding her on the occasion of American Legion and the Veterans of Foreign nurse. this outstanding achievement. Wars and played in both the American Legion Shirley Ware entered the labor movement f and World War I drum and bugle corps. as an organizer in 1963, when her co-workers Volney Teeple has spent his recent years in an East Bay nursing home complained to HONORING TODD OLSON hunting and fishing in Northern Michigan, and her about working conditions. Her natural in- he still enjoys listening to the Detroit Tigers stincts as an activist said, ``organize.'' Her co- games on the radio. At 102, he very well may HON. SCOTT McINNIS workers gathered around her. Confident and OF COLORADO be the Tigers longest fan. strong, Mrs. Ware knew what to do. They Today I would like to join the French Am- IN THE HOUSE OF REPRESENTATIVES would organize, and, together, they did. With- bassador in honoring Volney J. Teeple for his Monday, July 12, 1999 out knowing it at the time, Ms. Ware had commitment to his country so many years begun a 30-year career in organizing, a calling Mr. MCINNIS. Mr. Speaker, I would like to ago. Thank you for your lifelong service and to which she would dedicate the rest of her take this opportunity to honor and recognize your commitment to the United States of the hard work, strength and courage of one of America. Your contributions will not be forgot- life. Colorado's finest, Mr. Todd Olson of ten. Shirley Ware was a unique and a special Carbondale, Colorado. I applaud his positive f role model for young people, African-Ameri- outlook and determination and wish him luck cans, women, union activists, and for all of us. in his battle with leukemia. PERSONAL EXPLANATION In the years following her initiation into union For over 20 years, Mr. Olson has worked to work, she became an LVN. Then, as one of help others enjoy and appreciate the natural HON. DAVID MINGE the fist two women hired by Local 250 as a beauty of Colorado. Guiding visitors on excit- OF MINNESOTA field representative, she worked diligently to ing river trips on the Colorado and Roaring IN THE HOUSE OF REPRESENTATIVES present the workers' point of view on a full- Fork rivers, Mr. Olson came to love working Monday, July 12, 1999 time basis. For the next two decades, health outdoors. In 1970, he made his way to Aspen care workers would see Shirley as a tena- after growing up in Minnesota. He began work Mr. MINGE. Mr. Speaker, due to the death cious, hardworking fighter, and a critical voice as a ski instructor for Aspen Skico and later of my mother, and in order that I might attend for patients' and workers' rights. Her oppo- became quite fond of summer rafting. His love her June 18 funeral, I was not present during nents saw her as a dynamic and powerful ad- of the outdoors and the rivers led him to be- several rollcall votes on June 17 and June 18. versary. come a guide for Glenwood's Whitewater Raft- I would like to enter into the RECORD votes ing. that, had I been present, I would have cast on Ms. Ware was a member SEIU's Public At age 47, Mr. Todd Olson maintains a dual amendments to and final passage of H.R. Sector Board and, in 1998, was appointed as career as ski instructor in the winter and raft 1501 and H.R. 2122. a trustee to the pension trust of the Service guide in the summer. Throughout his life and Had I been present, I would have voted Employee International Union. Ms. Ware also outdoor career he has experienced great chal- ``aye'' on rollcall votes 228, 229, 230, 231, was a delegate to the Alameda Central Labor lenges and has overcome many obstacles. 232, 233, 235, 236, 237, 238 and 242. I would Council for 31 years, was elected to the exec- Now as he faces a life threatening battle with have voted ``nay'' on rollcall votes 234, 240, utive board in 1989, and was named ``Unionist leukemia, I hope that his battles with nature 241 and 244. of the Year'' in 1991. Since 1989, Ms. Ware will give him encouragement and the will to The provisions I would have voted for are was a delegate to the California State Demo- continue fighting. targeted at improving gun safety and at reduc- cratic Central Committee and served as a del- Mr. Speaker, it is with this in mind that I ing the risk that firearms would fall into the egate to the 1992 and 1996 Democratic Na- wish to pay tribute to Mr. Todd Olson for his hands of convicted felons and others who tional Conventions. In addition, Ms. Ware was work to maintain and help others enjoy the wil- should not own firearms. These are common a member of the Alameda County Human Re- derness of Colorado. Mr. Olson is a man with sense reforms that deserve support. lations Commission from 1970 to 1997, and spirit, a man who knows the meaning of enjoy- f served as the Commission's chair from 1992± ing life. I would like to thank Mr. Olson for the 1994. She was the Oakland Mayor's ap- example he has set, and I would like to let him A TRIBUTE TO MS. SHIRLEY WARE pointee to the Private Industry Council. know that our thoughts and prayers are with ``Shirley dedicated her life to the cause of him. HON. BARBARA LEE helping workers,'' said Sal Rosselli, president f OF CALIFORNIA of Local 250. Throughout her career, even IN THE HOUSE OF REPRESENTATIVES during the last year of her life, Ware ex- IN HONOR OF VOLNEY J. TEEPLE Monday, July 12, 1999 pressed deep concern for the members of Local 250 as well as for other health care HON. DEBBIE STABENOW Ms. LEE. Mr. Speaker, I rise today to pay workers. Even after she learned last year that tribute to Shirley Ware, a longtime resident of OF MICHIGAN she had cancer, Shirley Ware remained fully East Oakland, CA whose strong voice for IN THE HOUSE OF REPRESENTATIVES engaged in the struggles and challenges of labor will be remembered by the many people the Union. Monday, July 12, 1999 whose lives she so positively affected. Ms. STABENOW. Mr. Speaker, I rise today Ms. Ware was one of the first African-Amer- Ms. Shirley Ware, lifelong organizer and ad- to recognize the life and accomplishments of ican women elected to lead a major union. vocate for working people, passed away on Mr. Volney J. Teeple, a life-long Michigan resi- She served as the Secretary/Treasurer of the April 23, 1999. Ware is survived by her moth- dent, who will be named Chevalier of the Na- Oakland-based Health Care Workers Union/ er, Mary J. Henson and her stepfather, Melton tional Order of the Legion of Honor this week. SEIU Local 250 for more than ten years, man- Henson of Calaveras County, CA; two daugh- This honor was ordered by the President of aging the multimillion dollar budget of the sec- ters, Mary Marlene Williams and Jannis the French Republic and is the highest civilian ond largest health care union in the United Tolvert Gideon; two sons, George Marvin award bestowed by the government of France. States. As Secretary/Treasurer, Shirley Ware Willoughby, Jr. and Jaddias O'Neil Franklin; Mr. Teeple was born in 1897 in Pinckney, and the ``New Leadership Team'' brought one son-in-law, Andrew Williams; one daugh- Michigan, and enlisted in the armed forces in Local 250 from the brink of financial disaster ter-in-law, Luctricia Franklin; 12 grandchildren: 1918. During World War I, he was sent to into an era of economic stability. During her Dwayne Lawson, George M. Willoughby III, France where he helped assemble and main- leadership tenure, Local 250's membership Dana Willoughby, Donald and Demerits Frank- tain the U.S. air fleet. grew from 21,000 to 46,000 members. Ms. lin III, Wakter A. Vachemin, V, and Marchael After the war, Mr. Teeple returned to Michi- Ware left SEIU stronger, bigger, and better. Gidion; one great-grandson, Solomon Tolvert; gan, where he married and had three sons. Ms. Ware was born in Shreveport, Louisiana one stepbrother, Melton Ray Henson, Jr. and Each of his sons followed in their father's foot- on August 24, 1941 to Mary Jane Jones and his wife, Shelia; one stepsister, Melinda Faye steps by serving in the military, and his eldest the late Robert Wilson. When she was a child, Henson; and other relatives and friends. CONGRESSIONAL RECORD — Extensions of Remarks E1511 RECOGNIZING CLAY BADER RECOGNIZING MR. ARTHUR NEL- championing the movement to insure ade- SON FOR HIS FIFTY-EIGHT quate hospital service to the people of Harlem. YEARS OF SERVICE TO THE GO- Without Mr. Guggenheimer's dedication and HON. SCOTT McINNIS SHEN VOLUNTEER FIRE DEPART- perseverance, Harlem would have had only OF COLORADO MENT one hospital. IN THE HOUSE OF REPRESENTATIVES Randolph Guggenheimer dedicated himself Monday, July 12, 1999 HON. CHARLES F. BASS to getting the necessary funding to keep North General meeting the needs of the community. OF NEW HAMPSHIRE Mr. MCINNIS. Mr. Speaker, it is with great Whenever North General faced financial dif- IN THE HOUSE OF REPRESENTATIVES pleasure that I now recognize Mr. Clay Bader ficulty, it was always able to rely on Mr. of Mancos, Colorado. His years of service and Monday, July 12, 1999 Guggenheimer's efforts to help secure the dedication to the Mancos Water Conservancy Mr. BASS. Mr. Speaker, I am pleased to needed financing to weather the storm. District are worthy of the highest praise. have this opportunity to recognize a gen- Through Mr. Guggenheimer's oversight, North Appointed by the district court judge for four tleman from Goshen, New Hampshire, who General grew even as other small community year terms, the Conservancy District board has dedicated fifty-eight years of his life to the hospitals were forced to close. consists of five members. The seat held by Goshen Volunteer Fire Department. Mr. Arthur Mr. Guggenheimer's dedication to the public Mr. Bader has only been held by one other, Nelson, ninety-two years young, has been as- good was well known in the New York com- Mr. Bader's father-in-law, Ira Kelly. After 28 sociated with the Goshen Volunteer Fire De- munity. Mr. Guggenheimer was awarded the years as a member of the board, Mr. Bader partment since 1941. In addition to fighting United Hospital Annual Distinguished Trustee has decided to retire. fires in Goshen for decades, Mr. Nelson was of the Year award. In 1991, he was honored Each member represents a different geo- also a Forest Fire Warden for fifty years and by the Mayor of New York, David Dinkins. graphic division of the Mancos Valley. Since is an active member of his community. Mr. North General established the Randolph 1971, Mr. Clay Bader has served as a rep- Nelson has served on the Goshen Conserva- Guggenheimer Community award to acknowl- resentative for the Upper Mancos division. For tion Commission, the Board of the Historical edge hospital staff that displayed excellence his years of service, involvement and leader- Society, and as a town selectman. He also re- for community service. ship I would like to thank Mr. Bader. His ef- mains a dedicated member of the Goshen Mr. Guggenheimer leaves behind a wife, Eli- forts and the example he has set are to be Community Church. nor, who shares his passion for philanthropy commended. On July 10, the Goshen Volunteer Fire De- and community service. He is also survived by It is with this in mind that I congratulate Mr. partment will celebrate its 60th Anniversary. two sons, Charles and Randolph Jr., three Bader on a job well done. Many have bene- As part of their celebration, they will be recog- grandchildren and six great-grandchildren. Mr. Speaker, for all his good work and for fited from his hard work and expertise. I wish nizing Mr. Nelson's unparalleled service to the his compassion and commitment to his com- him the best of luck in all of his future pursuits Department and the community. Arthur Nel- munity, his city, and country, Mr. Randolph as he enters into a new era of his life. son's commitment to the Goshen Volunteer Fire Department for nearly six decades exem- Guggenheimer is deserving of a special trib- f plifies the importance of volunteerism and ute. I ask that my colleagues join me in ac- serves as a tribute to himself and the Town of knowledging Randolph Guggenheimer's years HONORING LIEUTENANT ROBERT Goshen. I would like to congratulate the Go- of accomplishments as an inspirational leader SCHUTT shen Volunteer Fire Department on their 60th to the community at large and as a devoted Anniversary and thank Mr. Nelson for his friend to the people of New York City. He will years of service protecting the citizens of Go- be deeply missed. HON. DEBBIE STABENOW f OF MICHIGAN shen, New Hampshire. f IN THE HOUSE OF REPRESENTATIVES IN COMMEMORATION OF THE GRAND OPENING OF THE IN MEMORY OF RANDOLPH Monday, July 12, 1999 EASTMONT COMPUTING CENTER GUGGENHEIMER Ms. STABENOW. Mr. Speaker, a ceremony FOR THE OAKLAND COMMUNITY will be held tomorrow to recognize Ionia Coun- ty Police Officer Lieutenant Robert Schutt for HON. CAROLYN B. MALONEY HON. BARBARA LEE his bravery, commitment, and concern for a OF NEW YORK OF CALIFORNIA fellow officer in a harrowing incident that oc- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES curred on May 1, 1998. I am proud to join offi- Monday, July 12, 1999 Monday, July 12, 1999 cers from across Michigan in honoring Lieu- Mrs. MALONEY of New York. Mr. Speaker, Ms. LEE. Mr. Speaker, I rise to recognize tenant Schutt, a distinguished twenty-five year I rise today to pay tribute to Randolph the Eastmont Computing Center, located in veteran of the Ionia County Sheriff Depart- Guggenheimer, a beloved member of the New East Oakland, California, on its grand opening. ment. York community who recently passed away. I This multi-million dollar computing center is a On the morning of May 1, Lieutenant Schutt ask my colleagues to join me in recognizing project of The Oakland Citizens Committee for and a fellow officer, Deputy Jeff Goss, were and honoring the memory and contributions of Urban Renewal (OCCUR), which was estab- pursuing a dangerous suspect who began fir- Mr. Guggenheimer, whose dedication to public lished in Oakland, California in 1954 for the ing at them. Deputy Goss was wounded in the service has improved the lives of countless in- purpose of raising the quality of life for all of head, and Lieutenant Schutt was shot in the dividuals. Oakland's residents, with the emphasis on shoulder. Mr. Guggenheimer was a man with vast and serving those in the greatest need of a bal- Despite his serious injury, Lieutenant Schutt varied accomplishments. A graduate of Yale anced delivery of goods, effective public pol- took several selfless actions that ensured his University and Harvard Law School, he earned icy, and services. OCCUR created the fellow officer's safety and provided important a partnership in the law firm of Guggenheimer Eastmont Computing Center (ECC) to serve information on the suspect. He not only re- & Untermyer. During World War II, Mr. as a community resource on information tech- layed information about the suspect, his vehi- Guggenheimer answered his nation's call to nologies in order to provide universal com- cle, and the incident to a 911 dispatcher, he service, enlisting in the U.S. Air Force and puter and Internet access and employment fo- also went to the aid of his fellow officer. His serving as an executive officer of a fighter cused training to Oakland citizens. actions that morning saved his fellow officer's squadron in Europe. The Eastmont Computing Center provides life. Mr. Guggenheimer's philanthropic activities cutting-edge information technology training to Lieutenant Schutt's bravery and selflessness were extensive and impressive; he believed youth and other residents of under-served under extraordinary circumstances serves as passionately in contributing to the community. communities. The Center provides a broad an inspiration to us all. This year, Lieutenant He was active in many organizations, includ- range of unique skills and employment training Schutt was honored with a nomination for ing the Mount Sinai Hospital School for Nurs- programs to youth, senior citizens, and com- Deputy Sheriff of the year. I commend Lieu- ing and the Jewish Child Care Association. munity-based organizations. tenant Robert Schutt for his courage and Mr. Guggenheimer also held the position of The Center is one of only three California thank him for his twenty-five years of dedi- Chairman of the Board for North General Hos- recipients of the highly competitive U.S. De- cated service. pital, a hospital he saved from closing after partment of Commerce Telecommunications E1512 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 1999 and Information Infrastructure Assistance Pro- years in the United Methodist ministry. He PERSONAL EXPLANATION gram grants. Additional funding for the Center spent sixteen years in Gadsden as pastor of is provided by a number of government, foun- Sweet Home Methodist Church and then led HON. KENNY C. HULSHOF dation, corporate and individual donors includ- Village view Methodist Church in Athens until OF MISSOURI ing the Eastmont Town Center, Pacific Gas his retirement. IN THE HOUSE OF REPRESENTATIVES and Electric, Chevron, Pacific Bell, The San The long and blessed life of Rev. Fields in- Monday, July 12, 1999 Francisco Foundation, Oracle, Hewlett Pack- cluded a passion for education. He attended Mr. HULSHOF. Mr. Speaker, pursuant to ard and IBM. the American School of Correspondence in rule changes for the 106th Congress, I am in- I wish to commend the management and Chicago and then Gammon Theological Semi- forming you that I missed one vote on Friday, staff of the Eastmont Computing Center for nary in Atlanta. He continued his love of edu- June 25, 1999, rollcall No. 256. On this vote, their tireless work and for their diligence. It cation by serving on the board of trustees for I would have voted ``aye''. has been through their perseverance that they Clark and Rust Colleges. f have garnered the resources necessary to es- For Rev. Fields, community service was a tablish and operate this training facility for the way of life. He worked with the Madison Coun- VETERANS BENEFITS benefit of all the citizens of Oakland. ty Council on Aging, the Mental Health Cen- IMPROVEMENT ACT OF 1999 I wish to extend to the Eastmont Computing ters, the Madison County Senior Center and Center, its staff, donors and support volun- the Model Cities Program. I believe this tribute SPEECH OF teers sincere best wishes for success as they is only fitting for one who has given so much HON. BARON P. HILL begin to deliver technology access and em- of himself for others. ployment training services to the citizens of OF INDIANA Oakland. I commend the perseverance of Rev. Fields IN THE HOUSE OF REPRESENTATIVES f is the raising and educating of his twelve chil- Tuesday, June 29, 1999 dren with the late Rosa Perry Fields. With 24 Mr. HILL of Indiana. Mr. Speaker, I rise in RECOGNIZING JAN JACOBS grandchildren and 22 great-grandchildren, support of H.R. 2280, the Veterans' Benefits Rev. Fields has left a proud and beloved leg- Improvement Act of 1999. HON. SCOTT McINNIS acy. I offer my sympathy to the Fields family I believe that this bill makes some important OF COLORADO On behalf of the people of Alabama's fifth changes to the benefits available to veterans. IN THE HOUSE OF REPRESENTATIVES Congressional District, I join them in celbrating I am a cosponsor of this bill. It increases rates the extraordinary life and honoring the mem- Monday, July 12, 1999 of disability compensation and indemnity com- ory of a man who filled his one hundred and pensation to veterans. It enhances the quality Mr. MCINNIS. Mr. Speaker, it is with great seven years with a love of God, country and assurance program at the Veterans Benefits pleasure that I now recognize Jan Jacobs of family. Administration. It also provides permanent eli- Creede, Colorado. After 29 years of dedication gibility for housing loans for members of the to education and long hours of planning as a f Selected Reserve. And it reauthorizes impor- teacher of History, Geography, and Govern- tant programs for homeless veterans. ment, Ms. Jacobs has retired. I would like to CONGRATULATING DEE ARNTZ I wanted to be sure to mention this bill be- thank her for her commitment to the youth of cause another of its provisions helps get con- Creede and for her involvement in the Creede HON. JAY INSLEE struction of the World War II Memorial under- community. way. This past Memorial Day, I attended a After graduating from Western State, Ms. OF WASHINGTON wonderful ceremony back in Versailles, Indi- Jacobs taught for three years in Nebraska be- IN THE HOUSE OF REPRESENTATIVES ana. At that ceremony the American Legion fore making Creede her home. Jan Jacobs not Post in Versailles presented me with a check Monday, July 12, 1999 only taught, but she cared and was dedicated for one thousand dollars to forward to the to her students. She served as a sponsor for Mr. INSLEE. Mr. Speaker, I am delighted to American Battle Monuments Commission to trips to Washington, D.C. and annual trips to announce that one of my constituents, Ms. help build the World War II Memorial. That Mesa Verde. Trips to Denver and various Dee Arntz, recently won the 1999 National struck me as uncommon generosity from men other projects were made possible through her Wetlands Award. and women who have already given so much. efforts. In 1990, Ms. Arntz co-founded the Wash- I salute them and all the people who are Ms. Jan Jacobs touched the lives of count- ington Wetlands Network (Wetnet). The making this monument possible. The more we less individuals through her work in education. Wetnet organization connects citizens, local work toward building this memorial, the more Students undoubtedly gained much and bene- government officials, federal representatives, World War II veterans will be able to see this fitted greatly from her expertise and kindness. and others into a centralized network of peo- proud symbol of what our ``Greatest Genera- As students, parents, and community mem- ple concerned about wetland protection and tion'' accomplished. bers say farewell to this much-respected and preservation. As a result, this important net- I ask my fellow members of Congress to loved teacher, I would like to wish her well as work approach gives small organizations infor- support the Veterans' Benefits Improvement she enters a new era of her life, and congratu- mation and links to larger state and national Act because it honors our veterans and helps late her on a remarkable career of dedication efforts. Through Ms. Arntz's efforts, citizens to provide the benefits that they have earned. Since taking office in January I have been and service. have joined together to protect thousands of talking to the House leadership about ways I f wetland acres throughout Washington State. could become more involved in Veterans' TRIBUTE TO REV. LINDSAY G. In the process of building Wetnet, Ms. Arntz issues. Last week, I'm proud to say that I re- FIELDS OF HUNTSVILLE, ALA- worked as a community development program ceived a seat on the Veterans' Committee. I BAMA administrator for King County and other Puget know that we owe a lot to those who currently Sound local governments. Her experience also serve our country and also to those who have HON. ROBERT E. (BUD) CRAMER, JR. includes serving on the boards of the Seattle served in the past. With this appointment I Audubon Society, the Nisqually Delta Associa- OF ALABAMA hope I can make a real difference for all our tion, and the Washington Environmental Coun- IN THE HOUSE OF REPRESENTATIVES veterans. cil. In addition, Ms. Arntz earned a Certificate This year, one of our nation's oldest and Monday, July 12, 1999 in Wetlands Science and Management from most distinguished service organizations, the Mr. CRAMER. Mr. Speaker, I would like to the University of Washington in 1995. Veterans of Foreign Wars of the United take this opportunity to pay tribute to the life I would like to congratulate Ms. Arntz for States, celebrates its 100-year anniversary. I and legacy of Rev. Lindsay G. Fields of winning the 1999 National Wetlands Award. was first reminded by constituents that this Huntsville, Alabama, an extraordinary man Her dedication to wetland protection has led to year marked that important anniversary. whose one hundred and seven years were major environmental accomplishments at both The first bill I sponsored and the first marked by a true sense of compassion and a the state and national level. Ms. Arntz is an speech I made in the United States House of dedication of God and his family. example of the enormous impact one citizen Representatives was to celebrate and recog- Rev. L.G. Fields was born in Harris, Ala- can have on the environment. This award is nize the Veterans of Foreign Wars by request- bama on February 6, 1892 and spent over fifty very well-deserved. ing that the U.S. Postal Service issue a stamp CONGRESSIONAL RECORD — Extensions of Remarks E1513 commemorating the VFW's 100 year anniver- it is proper that they produce legislative re- missions on traffic control around the schools. sary (H. Res. 115). action. That can take the form of utilizing Deputy Sheriff Proud is becoming a talented I still believe that we will be able to accom- the constitutional amendment procedure. instructor in the subjects of drug and alcohol It is rarely invoked, and requires over- plish this task. I hope that my recent appoint- whelming popular support. But the amend- awareness. ment will help move this process along. ment process should not be avoided either Men like Tom Proud are a rare breed. I ap- f because it is difficult or because jurists are preciate his involvement in the Pueblo com- thought to have the last word. If it is other- munity and his dedication to the citizens and MEGAN MONTONI’S ATHLETIC wise, then America is not so much a nation youth of Pueblo. Deputy Sheriff Tom Proud is ACHIEVEMENTS governed by laws as one governed by law- a great asset to the Pueblo County Sheriff's yers—in this case, lawyers who have reached Office and to Pueblo. I would like to congratu- HON. SHERROD BROWN the stature of judges. However objective late him on a job well done, and I hope that those learned men and women try to be, the OF OHIO American system did provide for amend- he will continue in his service. IN THE HOUSE OF REPRESENTATIVES ments and there are some issues which de- f Monday, July 12, 1999 serve that attention. It will not diminish the Bill of Rights to LUPUS FOUNDATION OF AMERICA Mr. BROWN of Ohio. Mr. Speaker, I rise to allow Congress to define and allow either highlight the recent athletic achievements of state or federal enforcement of a law or laws HON. CARRIE P. MEEK Megan Montoni, who hails from Wadsworth, which put Old Glory in a special category for OF FLORIDA protection. It will, instead, provide a small Ohio in my Congressional District. As a soph- IN THE HOUSE OF REPRESENTATIVES omore at Ashland University this past school countermeasure to offensive behavior of a year, Megan recently earned All-American sort which deserves no First Amendment Monday, July 12, 1999 protection. honors for her performance in the shot put at The argument is not about legitimate free Mrs. MEEK of Florida. Mr. Speaker, I rise to the NCAA Division II National Championships expression, but rather the extent to which welcome to Washington the members of the in Emporia, Kansas. She also participated in free people must tolerate offensive acts. The Lupus Foundation of America, and my friend the shot put and the discuss at the Great American people should be given a chance to and Chairman of the Lupus Foundation of Lakes Intercollegiate Athletic Conference, re- decide whether or not they want their gov- AmericaÐMr. Terry Bell. The delegates are ceiving silver and bronze medals, respectively. ernment to protect their flag from desecra- here this week to inform Members of Con- Being recognized as an All-America athlete tors. The many exceptions to the First gress and their staff about the cataclysmic ef- is a prestigious accomplishment in college ath- Amendment—libelous and slanderous state- fects of lupus and to request support for my ments, treasonous acts, defacement of prop- letics and in all of sports. Dedication and a erty, incitement to riot among them—have bill, H.R. 762Ðthe Lupus Research and Care solid work ethic have launched Megan to the been defined by court opinions. In this case, Amendments Act of 1999. top of her game. Remarkably, she underwent an exception would be made directly by the The members of the Lupus Foundation have knee surgery one year before the NCAA amendment process. long been on the front line of the fight against championships. Her discipline, resilience, and It should be allowed to go forward. The lupus, a devastating disease that affects over passion to succeed were clearly illustrated at House of Representatives decided that it 1.4 million Americans. The Lupus Foundation the NCAA championships. Megan's work ethic should, and by a 305–124 margin. The Senate is a national voluntary health agency, with ought to act positively this time, and ac- and determination are an inspiration to us all. knowledge that the flag deserves to be treat- more than 100 affiliate chapters across the On behalf of the people of Ohio's 13th Con- ed as a living thing. country, representing people with lupus, their gressional District, I am honored to congratu- families, friends and others who are con- late Megan for earning All-America honors. f cerned about this destructive disease. f HONORING DEPUTY TOM PROUD I know something about lupus. I lost a sister to lupus. It is because of my experience with FLAG PROTECTION HON. SCOTT McINNIS this disease that I have introduced H.R. 762. This bill expands and intensifies the research OF COLORADO HON. DOUG BEREUTER effort of the NIH to diagnose, treat, and even- IN THE HOUSE OF REPRESENTATIVES OF NEBRASKA tually cure lupus. My bill increases the funding IN THE HOUSE OF REPRESENTATIVES Monday, July 12, 1999 for lupus research and education, and it estab- Monday, July 12, 1999 Mr. MCINNIS. Mr. Speaker, it is with great lishes a grant program to expand the avail- pleasure that I now take this opportunity to ability of lupus service. It also protects the Mr. BEREUTER. Mr. Speaker, this Member honor Deputy Tom Proud of the Pueblo Coun- poor and the uninsured from financial devasta- highly commends to his colleagues the fol- ty Sheriff's Department. I wish to recognize tion, by limiting their annual out-of-pocket ex- lowing editorial, ``Flag Deserves Extra Protec- Deputy Proud for his dedication, hard work penses for lupus services. tion,''; which appeared in the Wednesday, and involvement in the Pueblo community. I Lupus is an auto-immune disease that af- June 30, 1999, edition of the Norfolk Daily would like to commend him for his efforts and flicts women nine times more than it does News. for receiving designation as the Outstanding men, and has its most significant impact on [From the Daily News, June 30, 1999] Deputy of Pueblo County Sheriff's Depart- women during the childbearing years. About FLAG DESERVES EXTRA PROTECTION ment. 1.4 million Americans have some form of COURT’S RULING SHOULD BE SUBJECT TO FINAL Serving in various capacities, Proud is par- lupusÐone out of every 185 Americans. An DECISION BY AMENDMENT PROCESS ticularly dedicated to protecting the youth of estimated 1 in 250 African American women One member of the House of Representa- Pueblo. Assigned as Crime Prevention Officer between the ages of 15 and 65 develop lupus. tives was careful to note what is sometimes to Pueblo West in 1993, he has continued to Thousands of women with lupus die each ignored in the heat of debate. ‘‘We all believe be involved in prevention efforts including year. Many other victims suffer debilitating in our country; this is an honest dispute Pueblo County Safety Fair and the implemen- pain and fatigue, making it difficult to maintain about how we reflect patriotism,’’ said Rep. tation of the Pueblo West Crime Watch. employment and lead normal lives. Perhaps Mel Watt, D-NC., of the proposal to amend Deputy Proud is an active participant in the the most discouraging aspect of lupus for suf- the Constitution to allow Congress to ban desecration of the flag. Pueblo West Substation Committee in which ferers and family members is the fact that That is proper acknowledgment that peo- he contributed to the fulfillment of the Sheriff's there is no cure. Lupus is devastating not only ple who believe flag burning is an offensive Office vision of decentralization. He has taken to the victim, but to family members as well. act but one protected by the First Amend- a leadership role in the Child Safety Seat Pro- Since my arrival in the House in 1993, I ment may be no less less sincere patriots gram through his work to organize safety have urged the Congress to direct the NIH to than those who believe this symbol of the check-points to serve thirty families with instal- mount an all-out campaign against lupus. We nation is sacred and deserves special protec- lation of new car seats. can and must do more this year to conquer tion. Currently, he has extended his duties to lupus, while offering treatment and protection Opponents to an amendment, however, seem too willing to accept court interpreta- dedicating time as School Resource Officer for against financial devastation to the victims of tions of First Amendment issues as final, ir- Pueblo West High School, Pueblo West Mid- lupus. reversible truth. When such decisions—espe- dle School, Pueblo West Elementary School, Without struggle, there can be no progress. cially those so narrowly decided as in the and Sierra Vista Primary School. He has un- The members of the Lupus Foundation are flag burning case—are controversial enough, dertaken many tasks, in particular, special leading the struggle to inform Members of E1514 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 1999 Congress about lupus and to help find a cure. Rollcall No. 266: Aye. its destination. It is imperative that these net- In the past, Congressional support has proven Rollcall No. 267: Aye. works remain competitive, and our bill will to be an important factor in providing the Rollcall No. 268: No. make sure that is so. much needed funds to help the National Insti- Rollcall No. 269: No. We are embarking on a technological jour- tutes of Health make important medical break- Rollcall No. 270: No. ney that has already transformed our lives. throughs in the fight against lupus. Mr. Speak- Rollcall No. 271: Aye. The public is clamoring for new, high tech er, I urge my colleagues to join me in wel- Rollcall No. 272: Aye. services, but they will be slow in coming and coming the members and friends of the Lupus Rollcall No. 273: Aye. more expensive under current rules. Chairman Foundation to Washington. I also urge my col- Rollcall No. 274: Aye. TAUZIN and I have put together a blueprint for leagues to sign on as a cosponsor of H.R. Rollcall No. 275: Aye. change that we believe will bring tremendous 762. With your help, we will win this fight. Rollcall No. 276: Aye. benefits to American consumers and the na- f f tion's economy. We propose to leave behind any personal biases and battle scars from BROADBAND LEGISLATION WILL TRIBUTE TO JACK RUDIN past telecom wars, and we look forward to an SPUR COMPETITION, BENEFIT exciting and stimulating debate characterized CONSUMERS HON. CAROLYN McCARTHY first and foremost, by open minds, fresh ideas, OF NEW YORK and a singular focus on what's best for the IN THE HOUSE OF REPRESENTATIVES HON. JOHN. D. DINGELL American people. OF MICHIGAN Monday, July 12, 1999 f IN THE HOUSE OF REPRESENTATIVES HONORING ONI BUTTERFLY Mrs. MCCARTHY of New York. Mr. Speak- Monday, July 12, 1999 er, I rise today to pay tribute to and wish a very happy birthday to a great New Yorker Mr. DINGELL. Mr. Speaker, we began to HON. SCOTT McINNIS write the law that would become the Tele- and wonderful American, Jack Rudin. Jack OF COLORADO communications Act of 1996 in 1993. At that Rudin has served for many years on the IN THE HOUSE OF REPRESENTATIVES boards of many of New York's prominent cul- time, the vast majority of the American people tural, education and social service organiza- were scarcely aware of the Internet's exist- Monday, July 12, 1999 tions. He is a current member of the executive ence and potential. In fact, it's amusing to re- Mr. MCINNIS. Mr. Speaker, I would like to committee and board of overseers and man- call that some of the people we today revere take this opportunity to honor Ms. Oni Butterfly agers of Memorial Sloan Kettering Cancer as visionariesÐincluding those in, say, of Silt, Colorado, for her community involve- Center; an honorary trustee of the American Redmond, WashingtonÐinitially failed to un- ment, leadership, and instrumental role in Museum of Natural History and of the Con- derstand the importance of the World Wide forming the Silt Area Chamber of Commerce gregation Shearith Israel, the Spanish and Web. in 1997. Her exceptional work ethic and will- Portugese Synagogue; vice chairman of Jazz Much has changed since then. The Internet ingness to serve and help others are to be at Lincoln Center and director of the Hebrew is on the front page of every major daily news- commended. Free Loan Society and the George C. Mar- paper, and every major daily newspaper is on After growing up in New Jersey, Ms. But- shall Foundation. the Internet. E-mail addresses are exchanged terfly attended college in Syracuse, New York In addition, Mr. Rudin is a trustee emeritus as freely as telephone numbers. And the ef- where she earned a degree in bacteriology. of Iona College, where the Rudins established fect on the nation's commerce has been stag- Later she received her master's degree in en- the Roberta C. Rudin Program in Judeo-Chris- gering. But the most amazing thing about this vironmental sciences. She has worked for the tian Studies. As the original sponsor of the technological revolution is that this is only the U.S. Army Corps of Engineers and for the New York City Marathon, he is also the chair- beginning. Northeastern U.S. Water Supply Study for the man of that event. That is why Representative BILLY TAUZIN Environmental Protection Agency. As a veteran of World War II, he was (R±LA) and I introduced H.R. 2420, the ``Inter- Her integrity and ethics have aided her and awarded the Combat Infantryman's Badge and net Freedom and Broadband Deployment Act'' have led her to become the executive director the Bronze Star for his courage and patriot- on July 1, 1999. We want the exponential of the Silt Area Economic Development Coun- ism. He also holds awards from many organi- growth of the Internet to continue unabated. cil and the music director for the valley's Hot zations, including the Greater New York Coun- We want to remove outdated remnants of reg- Strings Band. Ms. Butterfly also dedicates her cils of the Boy Scouts of America, Jewish ulation written when we needed to safeguard time as the membership director for the moun- Theological Seminary for America, the Jewish and promote a different world of telecommuni- tain states region of the Better Business Bu- Foundation for Christian Rescuers/ADL, cations. Today, those rules do little more than reau. Catholic Charities of the Archdiocese of New slow down progress. Out legislation is de- Ms. Oni Butterfly provides inspiration and an York, Conservancy for Historic Battery Park, signed to take the speed limits off the Informa- example to follow as she works to serve and and the Congregation of Christian Brothers. tion Superhighway once and for all. better her community. I am grateful to her for Mr. Rudin has received honorary degrees from First, the bill makes sure that Internet serv- her hard work and dedication. Ms. Butterfly is Iona College, City College, City University of ice will not become a de facto monopoly for an amazing individual and it is for her commit- New York and the Hebrew University of Jeru- any one provider. As technological conver- ment to the citizens of Silt and for her perse- salem. gence allows the cable and telephone wires in verance that I now pay tribute to this remark- Jack Rudin has been a great friend to Long every home to deliver virtually the same serv- able woman. Island. On behalf of Long Island, Happy Birth- ices to the American people, it makes no f day, Jack! sense to treat these wires differently under the f law. It grossly distorts the operation of the TRIBUTE TO BOBBY LANG LEG- market by giving one wire an artificial advan- ENDARY TRACK COACH AT PERSONAL EXPLANATION tage over the other. Our bill protects con- FLORIDA A&M sumers from a new monopoly in the business HON. GENE GREEN of Internet access and guarantees all Ameri- HON. CARRIE P. MEEK OF TEXAS cans the freedom to choose the very best OF FLORIDA IN THE HOUSE OF REPRESENTATIVES service at the lowest possible price. IN THE HOUSE OF REPRESENTATIVES Second, our bill protects consumers against Monday, July 12, 1999 the increasing concentration of market power Monday, July 12, 1999 Mr. GREEN of Texas. Mr. Speaker, on July in the Internet backbone business. The back- Mrs. MEEK of Florida. Mr. Speaker, I rise to 1, 1999, I missed fifteen votes because of bone of the Internet is virtually invisible to the pay tribute to Coach Bobby Lang, the leg- scheduled back surgery in Houston. average user, but it's arguably the most impor- endary track coach at Florida A&M University, Had I been present, I would have voted: tant communications link in the chain. It also who resigned this past Friday, after 40 years Rollcall No. 262: Aye. has the potential of becoming the bottleneck of service. Rollcall No. 263: Aye. of the 21st century. Virtually every bit and byte Coach Lang is the last in a long line of leg- Rollcall No. 264: No. that travels over the Internet must cross one endary Florida A&M coaches who took little Rollcall No. 265: Aye. or more of these backbone networks to reach and did much. A full time professor of health CONGRESSIONAL RECORD — Extensions of Remarks E1515 and physical education Coach Lang has also had one tour in Vietnam where he was deco- Indeed, in many respects, H.R. 10 strength- directed the men's track program at Florida rated with the Naval Commendation for Valor, ens the CRA. Under the bill, CRA would be A&M since 1966. He's coached men and the Air Medal (six awards) and the Navy extended to the newly created wholesale fi- women's track full-time since 1982. For many Achievement Medal. nancial institutions, which are institutions that years, Lang coached track, was an assistant After Colonel Wright's service in the Navy, could only accept deposits above $100,000 football coach, and taught classes. he returned to Missouri and joined the Na- and are not FDIC-insured. Additionally, H.R. During his tenure at Florida A&M, Coach tional Guard. He was instrumental in getting 10, provides consumer protection provisions Lang has pretty much done it all, and along attack helicopter assets added to the Guard that require institutions to ensure that con- the way, he's developed some pretty good tal- inventory. sumers are not confused about new financial ent, too; dozens of All-Americans and even an Some of Wright's duties in Missouri included products along with strong anti-tying and anti- Olympian. commander of the 1st Battalion, 135th Avia- coercion provisions governing the marketing of In forty year's, his teams have won 38 con- tion in Warrensburg; commander of Detach- financial products. Further, the bill requires ference titles; including a rare triple crown this ment 1, 1107th AVCRAD in Springfield; and that all of a holding company's subsidiary de- year where his team won conference cham- his latest as commander, 35th Division Avia- pository institutions have at least a ``satisfac- pionships in cross country, indoor track and tion Brigade. tory'' CRA rating in order to affiliate as a finan- outdoor trackÐthe first Mid-Eastern Athletic Colonel Wright was president of the Na- cial holding company and in order to maintain Conference Coach to achieve this. tional Newspaper Association from 1997 to that affiliation. Few men have achieved the success that 1998. He is the president and owner of Leb- CRA is a success story. Between 1993 and Bobby Lang has known in his profession. Few anon Publishing Company. 1997, the number of home purchase loans to men have achieved such universal respect Mr. Speaker, I know that the other Members African Americans soared 62 percent; His- and admiration from his colleagues. Few men of the House join me in expressing congratula- panics saw an increase of 58 percent, Asian have known the thrill that has come to this tions to Colonel Wright for a job well done. Americans nearly 30 percent; and loans to Na- compassionate giant in taking young men and f tive Americans increased by 25 percent. Since women and instilling confidence and pride in FINANCIAL SERVICES ACT OF 1999 1993, the number of home mortgages ex- them, to the extent that those lessons are tended to low- and moderate-income bor- never forgotten. SPEECH OF rowers has risen by 38 percent. They don't make great men like Bobby Lang Indeed, in my district, Hispanic students anymore. His presence at the Florida A&M HON. SHEILA JACKSON-LEE from the east end district of Houston histori- track program will sorely be missed. He won't OF TEXAS cally have had a high dropout rate. Using be there next year to train the next generation IN THE HOUSE OF REPRESENTATIVES funds made available by the CRA, the Tejano of Rattler track athletes; he'll be at home Thursday, July 1, 1999 Center for Community Concerns built the Raul spending a little more time with his wife of Yzaguirre School for Success to meet the spe- The House in Committee of the Whole many years, Gladys, and his family. House on the State of the Union had under cial needs of students from low-income fami- My colleagues, Bobby Lang is more than consideration the bill (H.R. 10) to enhance lies in this inner-city neighborhood. This just a great track coach; he is a great teacher, competition in the financial services indus- school has performed outstandingly in its three a great motivator and innovator, a great try by providing a prudential framework for years in existence. In fact, over the past two human being, and indeed, a great American. the affiliation of banks, securities firms, and years, the school's students' average Texas Coach Lang, we'll all miss you. Enjoy your other financial service providers, and for assessment of academic skills scores in- retirement from track. other purposes; creased 18 to 20 percent. f Ms. JACKSON-LEE of Texas. Mr. Chair- In addition to the school, funding made man, Today I rise in support of H.R. 10, the available by the CRA has helped the Tejano TRIBUTE TO COLONEL DALTON Financial Services Competition Act of 1999. I Center for Community Concerns build and sell WRIGHT would be remiss if I did not acknowledge the 15 homes to new home buyers, with nine ad- hard work of the Banking and Commerce ditional homes planned, as well as a health HON. IKE SKELTON Committees in crafting this legislation. clinic that serves approximately 1,500 patients OF MISSOURI I support the idea of updating the rules that per year. Examples such as this speak vol- IN THE HOUSE OF REPRESENTATIVES our Nation's financial institutions operate umes on the CRA's ability to positively impact under to bring their activity in line with the re- people's lives. Monday, July 12, 1999 alities of life in today's America. This is why I am concerned that H.R. 10 Mr. SKELTON. Mr. Speaker, let me take Today's vote represents groundbreaking fi- does not extend the CRA to non-banking fi- this means to pay tribute to an outstanding nancial services legislation that would dis- nancial companies that affiliate with banks. Missourian, Colonel Dalton Wright of Lebanon, mantle many of the depression era laws cur- Specifically, H.R. 10 does not require securi- Missouri. rently hindering the financial services industry ties companies, insurance companies, real es- On the morning of the 55th anniversary of from engaging in a modern global market- tate companies and commercial and industrial the allied invasion of Normandy, the Missouri place. affiliates engaing in lending or offering banking Army National Guard 35th Aviation Brigade In Congress, we have spent more than products to meet the credit, investment and held a time-honored military event, the change twenty years debating how to update the Na- consumer needs of the local communities they of command ceremony, with Colonel Dalton tion's antiquated banking laws that prohibit serve. Wright passing command of the 35th Aviation banks, securities firms and insurance compa- The exclusion of nonbank affiliates' banking Brigade to Colonel Michael Pace. nies from entering into another's businesses. and lending products from the CRA is signifi- The ceremony was held at the 1st Battalion, H.R. 10 would permit streamlining of the finan- cant because increasingly, businesses such 135th Aviation armory at Whiteman Air Force cial service industry thereby creating one-stop as car makers and credit card companies, se- Base. Prior to turning over command to Colo- shopping with comprehensive services choices curities firms and insurers are behaving like nel Pace, Major General John Havens, the for consumers. The streamlining of financial banks by offering products such as FDIC-in- Adjutant General of Missouri, presented Colo- services will not only mean increased con- sured depository services, consumer loans, as nel Wright the Legion of Merit Medal for ex- sumer confidence, it would also mean in- well as debit and commercial loans. Addition- ceptionally meritorious performance of duty creased savings for consumers. The Treasury ally, private investment capital is decreasingly while serving as commander of the 35th Avia- Department estimates that financial services covered by CRA requirements, making it more tion Brigade. Colonel Wright had commanded modernization could mean as much as $15 difficult for underserved rural and urban com- the brigade since Jan. 1, 1995. He will be re- billion annually in savings to consumers. munities to access badly-needed capital for assigned as the Missouri State Aviation Officer I am heartened that many provisions of the housing, economic development and infra- in Jefferson City. His next assignment is the Community reinvestment Act (CRA) remain in structure. highest position that any pilot in the Missouri H.R. 10. The CRA, enacted in 1977 to combat Madam Chairman, I am also troubled by the National Guard can attain. He takes over that discrimination in lending practices, encourages fact that rules committee did not make in order position in July. federally-insured financial institutions to help several key amendments offered by the demo- Colonel Wright originally served in the U.S. meet the credit needs of their entire commu- crats including my own to address issues such Navy. He completed flight training in 1967 and nities by providing credit and deposit services as redlinging, stronger financial and medical flew the A±6 Intruder from 1968 to 1971. He in the communities they serve. record privacy safeguards and community E1516 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 1999 lending. I hope that during the course of our Hreshchyshyn of Eagle River, Alaska, Nadia A graduate of Lebanon High School, he at- debate we can address these concerns. McQuiggen of Amherst and Kusia tended the University of Tulsa and Ohio State Both our financial service laws and con- Hreshchyshyn of Oakland, Calif.; and four University. He graduated from the University grandchildren.’’ sumer protection laws need to be modernized. of Missouri-Columbia, receiving his law degree On balance, H.R. 10, is a positive step in the Mr. Speaker, today I would like to join with from the university in 1949. An Army veteran right direction to achieve this goal. I urge my the Ukrainian-American community, and in- of World War II, he received the Purple Heart colleagues to join with me in supporting this deed, all of Western New York to honor Dr. and a Bronze Star. bill. Myroslaw M. Hreshchyshyn. To that end, I Judge Donnelly practiced law in Lebanon, f would like to convey to the Hreshchyshyn fam- Missouri, with Phil M. Donnelly and David ily my deepest sympathies, and ask my col- Donnelly from 1952 to 1965. He was an as- TRIBUTE TO DR. MYROSLAW M. leagues in the House of Representatives to sistant Attorney General of Missouri from 1957 HRESHCHYSHYN join with me in a moment of silence. to 1963. f He was appointed to the Missouri Supreme HON. JACK QUINN Court by Governor Warren E. Hearnes in RECOGNIZING TROOPER SAM OF NEW YORK 1965, and served as chief justice from 1973 to MITCHELL IN THE HOUSE OF REPRESENTATIVES 1975, and from 1981 to 1983. He was the first Monday, July 12, 1999 chief justice to address the General Assembly HON. SCOTT McINNIS of Missouri on the State of the Judiciary in Mr. QUINN. Mr. Speaker, I rise today in OF COLORADO January 1974. memory of Dr. Myroslaw M. Hreshchyshyn, a IN THE HOUSE OF REPRESENTATIVES Judge Donnelly was active in the commu- medical scientist, a professor of gynecologic Monday, July 12, 1999 nity. He was a member and elder at First oncology and obstretics at the University of Presbyterian Church, a member of Lebanon Buffalo Medical School, and a leader in the Mr. MCINNIS. Mr. Speaker, I would like to Masonic Lodge, A.F. & A.M. and a 50-year Ukrainian-American community in Western take this opportunity to recognize the dedica- member of the Missouri Bar. He served on the New York. tion, service and outstanding efforts of one of Lebanon Board of Education from 1959 to I would like to read into the RECORD an arti- Colorado's finest, Trooper Sam Mitchell of the 1965; on the board of the School of Religion, cle which appeared in the Buffalo News hon- Colorado State Patrol. As a former police offi- Drury College, Springfield, from 1958 to 1963; oring the life of Dr. Hreshchyshyn. cer, I know the time and commitment required and on the board of the Missouri School of ‘‘Dr. Myroslaw M. Hreshchyshyn, 71, a and for his work and achievements I wish to Religion, Columbia, from 1971 to 1972. medical scientist and professor of pay tribute to Trooper Mitchell and commend He was deputy chairman of the National gynecologic oncology and obstetrics at the him for receiving distinction as the Out- University at Buffalo Medical School, died Conference of Chief Justices in 1975. In 1998 standing State Patrol Trooper by The Hundred he published ``A Whistle in the Night,'' his Monday (May 24, 1999) in Lviv, Ukraine, Club. while working on a gynecology and obstet- autobiography and memoir. rics textbook to be published there. Joining the Colorado State Patrol in October Judge Robert T. Donnelly will be missed by He introduced the use of chemotherapy in of 1985, Sam Mitchell served with the Golden all who had the privilege to know him. I know gynecological oncology in the United States troop before transferring to the Colorado the Members of the House will join me in ex- in the 1960s and at the time of his death was Springs Troop and later to the Pueblo Troop. tending heartfelt condolences to his family: his continuing an investigation he began in the He is a distinguished D.U.I. officer averaging wife, Susie; his two sons, Thomas and Brian; late 1980s on diagnosing osteoporosis. over 300 D.U.I. arrests per year. His commit- Born in Kovel (Volya), Ukraine, he finished his sister, Helen; and his three grandchildren. ment to protecting the citizens of Pueblo has f his doctorate at J.W. Goethe University in helped to save many families the heartbreak Frankfurt, Germany, 1951. He served as an intern in Yonkers, did his residency at Cum- of losing a loved one to drunk driving. YOUTH VIOLENCE AND THE MEDIA berland Hospital, Brooklyn, and was a clinic He not only dedicates his time to insuring fellow in gynecologic cancer at Kings County the safety of those on the roads, he also gives HON. BOB STUMP Hospital, Brooklyn. of his time to attend court hearings in order to OF ARIZONA He moved to Buffalo in 1957 after becoming insure that the intoxicated drivers he arrests a fellow in chemotherapy at Roswell Park face justice for their crimes. I greatly appre- IN THE HOUSE OF REPRESENTATIVES Cancer Institute. He joined the UB Medical ciate Trooper Mitchell and his work for the Monday, July 12, 1999 School faculty in 1970 and served as chair- people of Pueblo. Trooper Sam Mitchell is one man of department of gynecology and obstet- Mr. STUMP. Mr. Speaker, last week, a very rics from 1982 to 1996. of a kind and I am grateful for his service and insightful article appeared on the Op-Ed page He also headed the gynecology and obstet- dedication to protecting innocent people from of The Washington Post. This article was writ- rics departments at Children’s Hospital, Buf- the atrocities that may be inflicted by intoxi- ten by William B. Ruger, Sr., chairman of the falo General Hospital, Millard Fillmore Hos- cated drivers. board of Sturm, Ruger & Company, which is pital and Erie County Medical Center until For his commitment, compassion, and will- located in Prescott, Arizona. Mr. Ruger is con- 1996. He oversaw the Reproductive Endocri- ingness to help I wish to commend Trooper sidered one of the most respected and re- nology Center, which is run by UB Medical Sam Mitchell. I would also like to congratulate sponsible voices in the firearms industry. His School and Children’s Hospital. him on a job well done, and I hope that he will He was a fellow of the American College of motto, and the company's motto, has always Obstetrics and Gynecology, founding chair- continue in his noble pursuits to see justice been ``Arms Makers for Responsible Citizens.'' man of the Gynecologic Oncology Group done. The article dealt with violence as part of the from 1971 to 1975 and president of the Buffalo f ongoing debate since the tragedy of Littleton, Gynecologic and Obstetric Society from 1977 Colorado. Bill Rugar's well thought out article IN MEMORY OF JUDGE ROBERT T. to 1978. would be required reading for anyone con- DONNELLY Hreshchyshyn helped initiate the USAID cerned about the role of the media as it re- American International Health Alliance Medical Partnerships Program, which ex- lates to youth violence. I submit the article to changes medical personnel and information HON. IKE SKELTON be printed in the RECORD. OF MISSOURI between two hospitals in Lviv and Millard [From the Washington Post] Fillmore Hospital. He also was one of the in- IN THE HOUSE OF REPRESENTATIVES OUR DAILY DOSE OF DEATH vestigators in the $10 million National Insti- Monday, July 12, 1999 tutes of Health-funded Women’s Health Ini- (By William B. Ruger Sr.) tiative at UB. Mr. SKELTON. Mr. Speaker, it is with deep When was the last time the media por- He was a member of more than 20 profes- sadness that I inform the House of the death trayed the responsible use of recreational sional associations and societies and contrib- of former Missouri Supreme Court Judge Rob- firearms? You wouldn’t know it from reading uted much to civic and educational organiza- ert T. Donnelly, 74, of Jefferson City, Missouri. the newspaper or watching television, but according to the National Safety Council, tions, especially in the Ukrainian-American Judge Donnelly was born Aug. 31, 1924, in community. the firearms accident rate has declined 20 He and Lidia Warecha were married in 1958. Lebanon, Missouri, a son of Thomas J. and percent during the past decade, plummeting In addition to his wife, survivors include Sybil True Donnelly. He was married Nov. 16, to a 90-year low. In 1998, only one percent of two sons, Yuri of South Buffalo and Adrian 1946, in Little Rock, Arkansas, to Wanda Sue accidental deaths were attributable to fire- of Scottsdale, Ariz.; three daughters, Marta ``Susie'' Oates, who survives at the home. arms accidents. CONGRESSIONAL RECORD — Extensions of Remarks E1517 There is a subconscious anti-gun bias on gun purchasers. We voluntarily ship our pis- The Commerce Committee, in a bipartisan the part of major media. Certainly, our soci- tols in lockable boxes as a precautionary manner, adopted a compromise approach to ety has changed since I founded Sturm, measure. I only wish that others would also financial privacy by giving consumers an Ruger & Co., but I can assure you that my become symbols of responsibility before they across-the-board ``opt-out''Ðthe ability to stop reaction to a ‘‘gang-banger’’ on the news is desensitize another generation of youth to precisely the same as that of every law-abid- the horror of violence. We are all sick of it. information from being disclosed to third par- ing American—profound outrage. ties and affiliates. H.R. 10 only permits con- The antisocial elements of our society f sumers to opt-out of third party information seem to hold the rest of us hostage. The FINANCIAL SERVICES ACT OF 1999 sharing. Financial institutions are still free to media constantly portray carnage and gore, share consumer information with their affiliates often in agonizingly slow motion, for no dis- SPEECH OF and subsidiaries. cernible reason. The same goes for incredibly Madam Chairman, the structured rule pro- violent video games that some young people HON. SHEILA JACKSON-LEE hibits discussion of the lack of sufficient pro- play for hours on end. Such portrayals have OF TEXAS tections for the privacy of an individual's med- their staunch defenders, but as a firearms IN THE HOUSE OF REPRESENTATIVES manufacturer, I would implore them to stop ical records. This bill allows virtually unlimited using violence to make a killing. Let’s not Thursday, July 1, 1999 access by organizations such as insurance pretend it’s anything else. The incessant de- companies, employment agencies and credit sensitizing of our young people to mindless The House in Committee of the Whole bureaus of a patient's medical records without violence is beyond measure and beyond com- House on the State of the Union had under the patient's consent or knowledge. Under consideration the bill (H.R. 10) to enhance prehension. these provisions, patient information could be Graphic, vicious and sadistic films, tele- competition in the financial services indus- try by providing a prudential framework for disclosed or even sold to the highest bidder vision shows, video games and music lyrics for reasons that have nothing to do with the that trumpet wanton killing—often directed the affiliation of banks, securities firms, and against the police—are outrageous. Drug and other financial services providers, and for health of the patient. This will threaten the alcohol abuse, the breakdown of the family, other purposes: confidential relationship between a doctor and inadequate child supervision and the lack of Ms. JACKSON-LEE of Texas. Madam patientÐan essential component of high qual- ‘‘a decent respect for the opinions of others’’ Chairman, today I rise to voice my opposition ity health care. (to paraphrase Jefferson) are far more per- to the structured rule to House Resolution 10, Under the bill, Madam Chairman, health in- nicious and harder to address than simply the Financial Services Competition Act of surers could compel individuals to allow their passing another ‘‘gun law.’’ But we won’t ac- 1999. This rule stifles debate on critical issues medical records to be sold or disclosed to em- complish much until we stop deluding our- ployers, direct marketing firms and others. selves into thinking that society’s violence from the modernization of the financial serv- ices industry. Forty Amendments offered by While the bill technically requires individuals to is because of firearms and that the media consent to such disclosures, the consent proc- bear no responsibility for this witches’ brew. the Democrats, including my own, which ad- More law enforcement agents were mowed dressed issues of redlining, stronger financial ess can and will be coercive. Insurers could down by machine guns in ‘‘Die Hard II’’ than and medical record privacy safeguards and refuse to provide health insurance to individ- have been killed on duty in the history of community lending were not made in order by uals who fail to provide blanket authorization the nation. The impression left is that the Rules Committee. for disclosure. Faced with such a choice, indi- ‘‘something must be done’’ to get machine viduals will have no option but to sign away guns off the streets. But they have been es- I support the idea of updating the rules that our nation's financial service institutions oper- their privacy rights. sentially illegal since 1936. We have so-called The amendment offered by Representative ‘‘assault weapon’’ bans, which do nothing but ate under to bring their activity in line with the CONDIT and others would have stripped Sec- ban guns that look like machine guns but realities of life in today's America. With that tion 351 from the bill in order to prevent this operate just like the shotgun President Clin- said, I believe that in our rush to modernize fi- erosion of medical privacy. Section 351 of ton takes duck hunting—one shot at a time. nancial services, we are overlooking critical H.R. 10 purports to protect the privacy of med- When anyone protests gratuitous violence issues that the Democrats sought to address or counsels restraint in portraying violence, ical records. In fact, it would do just the oppo- through the amendment process. the media take umbrage behind their right site by allowing a major invasion of consumer The Republicans failed to make in order to do so. In 1955, we placed a full-page ad, ‘‘A privacy. Representative BARBARA LEE's anti-redlining Symbol of Responsibility,’’ stating ‘‘with the Among other things, Section 351 would amendment. Currently, CRA applies to only right and enjoyment of owning a firearm allow health insurers to sell health records, goes that constant responsibility of handling banks and thrifts. Representative LEE's pro- would preempt state privacy laws and would it safely and using it wisely.’’ Would not a posed amendment would have required insur- little self-restraint similarly apply to the allow insurers to effectively coerce disclosure ance companies and their affiliates to remain ``consent'' from consumers. This would have right to produce a movie, print a newspaper in compliance with the Fair Housing Act. Inter- or record a song? prevented by the adoption of the Condit We recently protested to a major news- estingly enough, this provision was included in Amendment. paper about its irresponsible behavior in the Banking Committee version of H.R. 10. I also oppose the rule, because it failed to bringing a child to a gun show display and H.R. 10 allows virtually unlimited access by contain my amendment which would have di- then deliberately taking a photograph of him organizations such as insurance companies, rected the Comptroller General of the United brandishing a pistol in an unsafe manner. employment agencies and credit bureaus of a States to conduct a study of the extent to The newspaper defended the photographer. patient's medical records. Under these provi- We do not sell our products to minors and which the lack of availability of a full-range of sions, patient information could be disclosed financial services in low- and moderate-in- deplore their unsupervised use, yet we were or even sold to the highest bidder for reasons cast as villains ‘‘promoting violence’’ by this come neighborhoods has resulted in an undue same newspaper. Similarly, television net- that have nothing to do with the health of the reliance in such neighborhoods on check works that show ultra-violent films with patient. This will threaten the confidential rela- cashing services which impose a fee equal to guns portrayed in the most antisocial ways tionship between a doctor and the patientÐan 1 percent or more of the amount of a trans- piously denounce firearms on their evening essential component of high quality health action. editorials. Some won’t even run firearms care. This report would have also assessed to safety spots because ‘‘they show a gun.’’ Similarly, the rule prohibited a discussion on what extent check cashing services are regu- Isn’t it ironic that those who scorn the creating parity between large and community lated and audited by Federal, State, or local Second Amendment are cavalier in treating banks with respect to sharing protected infor- the First Amendment as their right but not governments to prevent unscrupulous prac- a responsibility? Let anyone ask for any re- mation. Large banks rely on sharing customer tices and fraud. This amendment would have straint of those who would abuse their First information with affiliates and subsidiaries, also reviewed to what extent owners and em- Amendment rights to incite antisocial be- while smaller banks rely on the transfer of in- ployees of check cashing services are li- havior, and the purveyors hide behind that formation between third parties. censed or regulatory screened to prevent the amendment, loudly decrying ‘‘censorship.’’ The amendment offered by Representative inflitaration of elements of organized crime. While there are legitimate adult uses for MARKEY would have preserved the meaningful According to the National Association of firearms, nothing justifies this excessively consumer financial privacy protections adopt- Check Cashers, the industry cashes about violent ‘‘free speech’’ aimed at our youth in ed on a bipartisan basis in the Commerce 200 million checks a year, totaling $60 billion, the guise of ‘‘entertainment.’’ Our corporate motto is ‘‘Arms Makers for Committee. H.R. 10 will greatly accelerate and earned more than $1 billion last year. The Responsible Citizens.’’ We have strongly sup- mergers, creating huge money centers with number of check cashing outlets in the United ported more than 20,000 gun control laws and access to once-confidential information about States has nearly tripled about 6,000 com- ‘‘point-of-sale’’ background checks for new millions of customers. pared to about 2,150 in the mid-1980s. E1518 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 1999 Banks are hard to find in the inner city, and I must state in no uncertain terms that not- his efforts to uphold justice and serve and pro- I am sure that this fact has contributed to the withstanding the potential benefits that H.R. 10 tect the people that I now pay tribute to Ser- presence of check cashers in the inner city. In represents for consumers, the structured rule geant J. Emilio Trujillo. the City of Houston 23 establishments are list- prohibited dialogue on the key issues of red- ed as offering check cashing services to poor lining, financial and medical record privacy f or moderate income Houstonians. and community lending. Accordingly, I strongly It is estimated that 12% of the population in oppose the rule. It is my desire that these im- RECOGNIZING EMERGENCY MED- ICAL OFFICER RANDALL BRAD- this country does not have a checking ac- portant issues will be revisited in conference. FORD count. Resulting in one in every 13 U.S. f households not having a bank account. This percentage is growing with the escalation of RECOGNIZING SERGEANT J. HON. SCOTT McINNIS banking fees and the closing of full service EMILIO TRUJILLO OF COLORADO bank branches. IN THE HOUSE OF REPRESENTATIVES In the state of Texas a low-income family HON. SCOTT McINNIS Monday, July 12, 1999 may spend more than $200 a year in checks OF COLORADO cashing fees. IN THE HOUSE OF REPRESENTATIVES Mr. MCINNIS. Mr. Speaker, I would like to Currently, no national law guarantees ac- take a moment to recognize Emergency Med- cess to banking services for all Americans. Illi- Monday, July 12, 1999 ical Officer Randall Bradford of Pueblo, Colo- nois, Massachusetts, New Jersey, New York Mr. MCINNIS. Mr. Speaker, it is with great rado. For his bravery, dedication and hard and Minnesota require banks operating with pleasure that I wish to recognize Sergeant J. work. I would like to pay tribute to Mr. Brad- their boarders to offer basic checking accounts Emilio Trujillo of the Pueblo Police Department ford. with minimal fees for consumers making a lim- for his years of outstanding service and for his For 28 years, Randall Bradford has spent ited number of transactions. dedication to protecting the citizens of Pueblo, his time responding to medical emergencies of Some check cashing services offer short Colorado. His hard work, commitment, and all kinds, and saving the lives of many individ- term credit called a payday loan to customers compassion are to be commended. uals. Classified as a medical officer, he not who are in need of cash. A customer writes a For 34 years, Mr. Trujillo has served in law only actively serves to protect life, he also check for one amount and receives a lower enforcement, spending most of his time in the trains other firefighters and the public to per- amount in return. The check casher in turn department's identification section. He is form CPR and to work as EMTs. Known for agrees to hold off cashing the check until pay- known as the best identification officer in Colo- his patience and composure while aiding the day. A customer can choose to ``roll'' the rado. As supervisor of the section, he has injured and the ill, Mr. Bradford is well liked by check over by paying another fee to extend served on and managed the crime-scene in- all he comes into contact with. the loan, a process that can become ex- vestigation of virtually every homicide, rob- Mr. Bradford goes above and beyond the tremely costly over time. bery, or serious crime committed in the Pueblo call of duty volunteering for and striving to A class-action lawsuit in Tennessee de- area. complete tasks outside of his job description. scribes a borrower who renewed cash ad- Sergeant Trujillo's knowledge, experience, He serves as a Medical Evaluator for the vance loans 20 to 29 times. One plaintiff and work ethic are to be valued and appre- CSEPP Program, and as a member of the fire ``rolled over` loans 24 time in 15 months, bor- ciated. He is highly respected and admired in Department Critical Incident Debriefing Team. rowing a total of $400 and paying $1,364 the law enforcement community for his tech- Credited with writing the Mass Fatality section while still owing $248. The allowance of this nical knowledge and supervisory skills. Recog- of the Pueblo County Disaster Plan, he has amendment would have made sure that the nized throughout the nation as an expert in la- also written and assembled the guide currently reform of our nation's financial service industry tent fingerprint examination, Emilio Trujillo is a used by the Fire Department for medical re- includes benefits to all Americana. qualified expert court witness in fingerprints, ports. Madam Chairman, H.R. 10, the Financial photography, and marijuana identification. Currently, Mr. Bradford is focusing on the Services Act of 1999, represents a historic Not only has he served as an active police- ``Drive Smart Pueblo'' program to educate moment for America. I am supportive of a bill man, he has also worked to prepare future po- drivers in the selection and use of child safety that would update our Depression era banking lice officers by teaching and sharing his expe- seats. He has volunteered numerous hours to- laws. Indeed, according to the Treasury De- rience with those attending the police acad- ward working at child Safety Seat check partment, financial services modernization emy. He has provided leadership and an ex- points. I appreciate his efforts in protecting could provide as much as $15 billion annually ample to follow for students of forensic inves- and educating the citizens of Pueblo. His dedi- in savings to consumers. Modernization will tigation techniques. Men like Sergeant Trujillo cation, hard work, kindness, and generosity of create a streamlined, one stop shopping with are few and far between. I am thankful for his his time are to be commended and because of comprehensive choices for consumers. dedication to the citizens of Pueblo. It is for them, I wish to recognize Randall Bradford. CONGRESSIONAL RECORD — Extensions of Remarks E1519 SENATE COMMITTEE MEETINGS JULY 15 JULY 21 Title IV of Senate Resolution 4, 9 a.m. 9:30 a.m. agreed to by the Senate on February 4, Small Business Indian Affairs 1977, calls for establishment of a sys- Business meeting to consider pending To hold hearings on S. 985, to amend the tem for a computerized schedule of all calendar business. Indian Gaming Regulatory Act. SR–428A SR–485 meetings and hearings of Senate com- Year 2000 Technology Problem 2 p.m. mittees, subcommittees, joint commit- To hold hearings on state and local pre- Energy and Natural Resources tees, and committees of conference. paredness for year 2000. Forests and Public Land Management Sub- This title requires all such committees SD–192 committee to notify the Office of the Senate Daily 9:30 a.m. To hold hearings on S. 1184, to authorize Digest—designated by the Rules Com- Energy and Natural Resources the Secretary of Agriculture to dispose mittee—of the time, place, and purpose To resume hearings on S. 161, to provide of land for recreation or other public of the meetings, when scheduled, and for a transition to market-based rates purposes; S. 1129, to facilitate the ac- any cancellations or changes in the for power sold by the Federal Power quisition of inholdings in Federal land meetings as they occur. Marketing Administrations and the management units and the disposal of As an additional procedure along Tennessee Valley Authority; S. 282, to surplus public land; and H.R. 150, to with the computerization of this infor- provide that no electric utility shall be amend the Act popularly known as the required to enter into a new contract Recreation and Public Purposes Act to mation, the Office of the Senate Daily or obligation to purchase or to sell authorize disposal of certain public Digest will prepare this information for electricity or capacity under section lands or national forest lands to local printing in the Extensions of Remarks 210 of the Public Utility Regulatory education agencies for use for elemen- section of the CONGRESSIONAL RECORD Policies Act of 1978; S. 516, to benefit tary or secondary schools, including on Monday and Wednesday of each consumers by promoting competition public charter schools. week. in the electric power industry; and S. SD–366 Meetings scheduled for Tuesday, July 1047, to provide for a more competitive 13, 1999 may be found in the Daily Di- electric power industry. JULY 22 gest of today’s RECORD. SH–216 9:30 a.m. Banking, Housing, and Urban Affairs MEETINGS SCHEDULED Environment and Public Works International Trade and Finance Sub- To hold hearings on S. 835, to encourage committee the restoration of estuary habitat JULY 14 Economic Policy Subcommittee through more efficient project financ- 9:30 a.m. To hold joint hearings on the official ing and enhanced coordination of Fed- Indian Affairs dollarization in Latin America. eral and non-Federal restoration pro- Energy and Natural Resources SD–538 grams; S. 878, to amend the Federal To hold joint oversight hearings on the Commerce, Science, and Transportation Water Pollution Control Act to permit General Accounting Office report on Business meeting to consider proposed grants for the national estuary pro- Interior Department’s trust funds re- legislation authorizing expenditures by gram to be used for the development form. the committee;to be followed by hear- and implementation of a comprehen- SH–216 ings on proposed legislation author- sive conservation and management Health, Education, Labor, and Pensions izing funds for the National Transpor- plan, to reauthorize appropriations to Children and Families Subcommittee tation Safety Board. carry out the program; S. 1119, to To hold oversight hearings on the imple- SR–253 amend the Act of August 9, 1950, to mentation Family Medical Leave Act. 10 a.m. continue funding of the Coastal Wet- SD–430 Judiciary lands Planning, Protection and Res- Environment and Public Works Business meeting to consider pending toration Act; S. 492, to amend the Fed- To hold hearings on conformity issues re- calendar business. eral Water Pollution Act to assist in lating to the Clean Air Act. SD–628 the restoration of the Chesapeake Bay; SD–406 S. 522, to amend the Federal Water Pol- 10 a.m. JULY 16 lution Control Act to improve the qual- Judiciary 10 a.m. ity of beaches and coastal recreation To hold hearings to examine competition Judiciary water; and H.R. 999, to amend the Fed- and consumer choice in high-speed Administrative Oversight and the Courts eral Water Pollution Control Act to internet services and technologies. Subcommittee improve the quality of coastal recre- SD–628 To hold hearings on S. 253, to provide for ation waters. Appropriations the reorganization of the Ninth Circuit SD–406 Defense Subcommittee Court of Appeals; and review the report 2 p.m. To hold hearings on forward operating by the Commission on Structural Al- Energy and Natural Resources locations for counterdrug operations. ternatives for the Federal Courts of Forests and Public Land Management Sub- SD–192 Appeals regarding the Ninth Circuit. committee Appropriations SD–628 Agriculture, Rural Development, and Re- To hold hearings on S. 1320, to provide to lated Agencies Subcommittee the Federal land management agencies To hold hearings on health care cost JULY 20 the authority and capability to manage issues affecting rural hospitals. 9:30 a.m. effectively the Federal lands, focusing SD–138 Armed Services on Title I and Title II, and related For- 2 p.m. To hold hearings on the nomination of F. est Service land management prior- Intelligence Whitten Peters, of the District of Co- ities. Closed business meeting; to be followed by lumbia, to be Secretary of the Air SD–366 a closed hearing on pending intel- Force; and the nomination of Arthur L. 2:30 p.m. ligence matters. Money, of Virginia, to be an Assistant Foreign Relations SH–219 Secretary of Defense. To hold hearings on the nomination of J. 3 p.m. SR–222 Brady Anderson, of South Carolina, to Finance 2:30 p.m. be Administrator of the Agency for International Trade Subcommittee Energy and Natural Resources International Development. To hold hearings on managing global and Forests and Public Land Management Sub- SD–419 regional trade policy without fast committee track negotiating authority. To hold hearings on S. 729, to ensure that JULY 27 SD–215 Congress and the public have the right 9:30 a.m. Governmental Affairs to participate in the declaration of na- Energy and Natural Resources To hold hearings on S. 1214, to ensure the tional monuments on federal land. To hold hearings on S. 1052, to imple- liberties of the people by promoting SD–366 ment further the Act (Public Law 94- federalism, to protect the reserved Aging 241) approving the Covenant to Estab- powers of the States, to impose ac- To hold hearings to examine the effects lish a Commonwealth of the Northern countability for Federal preemption of on drug switching in Medicare man- Mariana Islands in Political Union State and local laws. aged care plans. with the United States of America. SD–342 SD–106 SD–366 E1520 CONGRESSIONAL RECORD — Extensions of Remarks July 12, 1999 JULY 28 AUGUST 4 such program to other tribes and tribal 9:30 a.m. 9:30 a.m. organizations; followed by a business Indian Affairs Indian Affairs meeting to consider pending calendar To hold hearings on S. 979, to amend the To hold hearings on S. 299, to elevate the business. SR–485 Indian Self-Determination and Edu- position of Director of the Indian cation Assistance Act to provide for Health Service within the Department SEPTEMBER 28 further self-governance by Indian of Health and Human Services to As- tribes. sistant Secretary for Indian Health; 9:30 a.m. SR–485 and S. 406, to amend the Indian Health Veterans Affairs Care Improvement Act to make perma- To hold joint hearings with the House nent the demonstration program that Committee on Veterans Affairs to re- allows for direct billing of medicare, view the legislative recommendations medicaid, and other third party payors, of the American Legion. and to expand the eligibility under 345 Cannon Building Monday, July 12, 1999 Daily Digest Senate protect consumers in managed care plans and other Chamber Action health coverage, taking action on the following Routine Proceedings, pages S8205–S8307 amendments proposed thereto: Pages S8209±51 Measures Introduced: One bill was introduced on Pending: Thursday, July 8, 1999, during the adjournment of Daschle Amendment No. 1232, in the nature of the Senate, pursuant to the order of June 29, 1999, a substitute. Pages S8212±51 as follows: S. 1344; and seven bills and two resolu- Daschle (for Kennedy) Amendment No. 1233 (to tions were introduced today, as follows: S. Amendment No. 1232), to ensure that the protec- 1345–1351, S. Res. 137, and S.J. Res. 29. tions provided for in the Patients’ Bill of Rights Page S8266 apply to all patients with private health insurance. Measures Reported: Reports were made as follows: Pages S8221±35 Reported on Thursday, July 8, during the ad- Nickles (for Santorum) Amendment No. 1234 (to journment: Amendment No. 1233), to do no harm to Ameri- S. 712, to amend title 39, United States Code, to cans’ health care coverage, and expand health care allow postal patrons to contribute to funding for coverage in America. Pages S8235±42 highway-rail grade crossing safety through the vol- Graham Amendment No. 1235 (to Amendment untary purchase of certain specially issued United No. 1233), to provide for coverage of emergency States postage stamps. (S. Rept. No. 106–104) medical care. Pages S8242±51 S. 1072, to make certain technical and other cor- Senate will continue consideration of the bill on rections relating to the Centennial of Flight Com- Tuesday, July 13, 1999. memoration Act (36 U.S.C. 143 note; 112 Stat. Messages From the President: Senate received the 3486 et seq.). (S. Rept. No. 106–105) following message from the President of the United Reported today: States: S. 296, to provide for continuation of the Federal Transmitting the report of the District of Colum- research investment in a fiscally sustainable way, bia’s Fiscal Year 2000 Budget Request Act; referred with amendments. (S. Rept. No. 106–106) to the Committee on Governmental Affairs. Page S8266 (PM–46). Pages S8259±60 Measures Passed: Messages From the President: Pages S8259±60 Efforts to Free Humanitarian Workers in Yugo- Messages From the House: Page S8260 slavia: Senate agreed to H. Con. Res. 144, urging the United States Government and the United Na- Measures Placed on Calendar: Page S8260 tions to undertake urgent and strenuous efforts to se- Communications: Pages S8260±63 cure the release of Branko Jelen, Steve Pratt, and Petitions: Pages S8263±66 Peter Wallace, 3 humanitarian workers employed in the Federal Republic of Yugoslavia by CARE Inter- Statements on Introduced Bills: Pages S8266±71 national, who are being unjustly held as prisoners by Additional Cosponsors: Pages S8271±73 the Government of the Federal Republic of Yugo- Amendments Submitted: Pages S8274±92 slavia. Page S8307 Notices of Hearings: Page S8292 Patients’ Bill of Rights Act: Senate began consider- ation of S. 1344, to amend the Public Health Service Additional Statements: Pages S8292±97 Act, the Employee Retirement Income Security Act Text of S. 376 and S. 1283, as Previously Passed: of 1974, and the Internal Revenue Code of 1986 to Pages S8297±S8307 D782 July 12, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D783 Recess: Senate convened at 12 noon, and recessed at 7:37 p.m., until 9:30 a.m., on Tuesday, July 13, Committee Meetings 1999. (For Senate’s program, see the remarks of the No committee meetings were held. Acting Majority Leader in today’s Record on page S8307.) h House of Representatives H. Res. 243 providing for consideration of H.R. Chamber Action 2466, making appropriations for the Department of Bills Introduced: 20 public bills, H.R. 2467–2486; the Interior and related agencies for the fiscal year and 1 resolution, H. Res. 241 were introduced. ending September 30, 2000 (H. Rept. 106–228). Page H5366 Pages H5365±66 Reports Filed: Reports were filed today as follows: Speaker Pro Tempore: Read a letter from the Filed on July 2, H.R. 413, to authorize qualified Speaker wherein he designated Representative Ney organizations to provide technical assistance and ca- to act as Speaker pro tempore for today. Page H5337 pacity building services to microenterprise develop- ment organizations and programs and to disadvan- Journal Vote: Agreed to the Speaker’s approval of taged entrepreneurs using funds from the Commu- the Journal of Thursday, July 1, by a yea and nay nity Development Financial Institutions Fund, vote of 329 yeas to 36 nays with 2 voting ‘‘present’’, amended (H. Rept. 106–184 part 2); Roll No. 277. Pages H5339, H5347±48 Filed on July 2, H.R. 2465, making appropria- Recess: The House recessed at 12:43 p.m. and re- tions for military construction, family housing, and convened at 2:00 p.m. Pages H5338±39 base realignment and closure for the Department of Suspensions: The House agreed to suspend the rules Defense for the fiscal year ending September 30, and pass the following measures: 2000 (H. Rept. 106–221); Filed on July 2, H.R. 2466, making appropria- National Highway Traffic Administration Au- tions for the Department of the Interior and related thorization Corrections: H.R. 2035, to correct errors agencies for the fiscal year ending September 30, in the authorizations of certain programs adminis- 2000, and for other purposes (H. Rept. 106–222); tered by the National Highway Traffic Administra- H.R. 1551, to authorize the Federal Aviation Ad- tion. Agreed to amend the title; Pages H5340±41 ministration’s civil aviation research and develop- Urging for the Release of Three CARE Inter- ment programs for fiscal years 2000 and 2001, national Workers in Yugoslavia: H. Con. Res. 144, amended (H. Rept. 106–223); urging the United States Government and the H.R. 1243, to reauthorize the National Marine United Nations to undertake urgent and strenuous Sanctuaries Act, amended (H. Rept. 106–224); efforts to secure the release of Branko Jelen, Steve S. 361, a private bill, to direct the Secretary of the Pratt, and Peter Wallace, 3 humanitarian workers Interior to transfer to John R. and Margaret J. Lowe employed in the Federal Republic of Yugoslavia by of Big Horn County, Wyoming, certain land so as CARE International, who are being unjustly held as to correct an error in the patent issued to their pred- prisoners by the government of the Federal Republic ecessors in interest (H. Rept. 106–225); of Yugoslavia; Pages H5342±44 S. 449, a private bill, to direct the Secretary of the Interior to transfer to the personal representative of Rejecting an American Psychological Association the estate of Fred Steffens of Big Horn County, Wy- Article on Sexual Relations Between Adults and oming, certain land comprising the Steffens family Children: H. Con. Res. 107, amended, expressing property (H. Rept. 106–226); the sense of Congress rejecting the conclusions of a H. Res. 242 providing for consideration of H.R. recent article published by the American Psycho- 2465, making appropriations for military construc- logical Association that suggests that sexual relation- tion, family housing, and base realignment and clo- ships between adults and children might be positive sure for the Department of Defense for the fiscal year for children (agreed to by a yea and nay vote of 355 ending September 30, 2000 (H. Rept. 106–227); yeas with none voting nay and 13 voting ‘‘present’’, and Roll No. 278); and Pages H5341±42, H5348 D784 CONGRESSIONAL RECORD — DAILY DIGEST July 12, 1999 Opposition to the Convening of the Fourth Ge- housing, and base realignment and closure for the neva Convention: H. Con. Res. 117, amended, con- Department of Defense for the fiscal year ending cerning United Nations General Assembly Resolu- September 30, 2000. The rule waives clause 2 of tion ES–10/6 (agreed to by a yea and nay vote of rule XXI (prohibiting unauthorized or legislative 365 yeas to 5 nays, Roll No. 279). Pages H5344±49 provisions in a general appropriations bill) against Recess: The House recessed at 2:55 p.m. and recon- provisions in the bill. The rule authorizes the Chair vened at 6:10 p.m. Page H5347 to accord priority in recognition to Members who Presidential Message—District of Columbia have pre-printed their amendments in the Congres- Budget Request Act: Read a message from the sional Record. The rule allows the Chairman of President wherein he transmitted the District of Co- Committee of the Whole to postpone votes during lumbia’s fiscal year 2000 Budget Request Act—re- consideration of the bill, and to reduce voting time ferred to the Committee on Appropriations and or- to five minutes on a postponed question if the vote dered printed (H. Rept. 106–92). Page H5349 follows a fifteen minute vote. Finally, the rule pro- vides one motion to recommit with or without in- National Commission on Terrorism: Read a letter structions. Testimony was heard from Representa- from the Minority Leader wherein he announced that tives Hobson and Olver. he withdrew his appointment of Mr. Salam Al- Marayati to the National Commission on Terrorism. INTERIOR APPROPRIATIONS Pages H5349±50 Committee on Rules: Granted, by voice vote, an open Senate Messages: Messages received from the Senate rule on H.R. 2466, making appropriations for the on July 2 and today appear on pages H5337 and Department of the Interior and related agencies for H5339. the fiscal year ending September 30, 2000, pro- Amendments Ordered Printed: Amendments or- viding one hour of general debate equally divided dered printed pursuant to the rule appear on page between the chairman and ranking minority member H5368. of the Committee on Appropriations. The rule Referrals: S. 323, S. 416, S. 700, S. 776, and S. waives clause 2 of rule XXI (prohibiting unauthor- 1027 were referred to the Committee on Resources; ized or legislative provisions in an appropriations bill S. 376 was referred to the Committee on Commerce; against provisions in the bill), except as otherwise S. 768 was referred to the Committees on Armed specified in the rule. The rule makes in order the Services and Judiciary; and S. Con. Res. 36 was re- amendment printed in the Rules Committee report, ferred to the Committee on International Relations. which may be offered only by a Member designated Page H5361 in the report, shall be considered as read, shall not Quorum Calls—Votes: Three yea and nay votes de- be subject to amendment, and shall not be subject veloped during the proceedings of the House today to a demand for a division of the question in the and appear on pages H5347–48, H5348, and House or in the Committee of the Whole. The rule H5348–49. There were no quorum calls. waives all points of order against the amendment Adjournment: The House met at 12:30 p.m. and printed in the Rules Committee report. The rule adjourned at 8:17 p.m. waives clause 2(e) of rule XXI (prohibiting non- emergency designated amendments to be offered to an appropriations bill containing an emergency des- Committee Meetings ignation) against amendments offered during consid- DEFENSE APPROPRIATIONS eration of the bill. The rule authorizes the Chair to Committee on Appropriations: Subcommittee on Defense accord priority in recognition to Members who have met in executive session and approved for full Com- pre-printed their amendments in the Congressional mittee action the Defense appropriations for fiscal Record. The rule allows the Chairman of the Com- year 2000. mittee of the Whole to postpone votes during con- sideration of the bill, and to reduce voting time to MILITARY CONSTRUCTION five minutes on a postponed question if the vote fol- APPROPRIATIONS lows a fifteen minute vote. Finally, the rule provides Committee on Rules: Granted, by voice vote, an open one motion to recommit with or without instruc- rule providing 1 hour of debate on H.R. 2465, mak- tions. Testimony was heard from Representatives ing appropriations for military construction, family Regula, Dicks and Farr. July 12, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D785 CONGRESSIONAL PROGRAM AHEAD tricity or capacity under section 210 of the Public Utility Regulatory Policies Act of 1978; S. 516, to benefit con- Week of July 13 through July 17, 1999 sumers by promoting competition in the electric power Senate Chamber industry; and S. 1047, to provide for a more competitive electric power industry, 9:30 a.m., SH–216. On Tuesday, Wednesday, and Thursday, Senate will Committee on Environment and Public Works: July 14, to continue consideration S. 1344, Patients’ Bill of hold hearings on conformity issues relating to the Clean Rights Act, with a vote on final passage to occur on Air Act, 9:30 a.m., SD–406. Thursday. Committee on Finance: July 14, Subcommittee on Inter- On Friday, Senate will vote on a motion to close national Trade, to hold hearings on managing global and further debate on the pending Lott Amendment No. regional trade policy without fast track negotiating au- 297 (Social Security Lockbox), to S. 557, Budget thority, 3 p.m., SD–215. Process Reform. Committee on Governmental Affairs: July 14, to hold hear- During the balance of the week, Senate may also ings on S. 1214, to ensure the liberties of the people by consider any other cleared legislative and executive promoting federalism, to protect the reserved powers of the States, to impose accountability for Federal preemp- business. tion of State and local laws, 3 p.m., SD–342. (On Tuesday, Senate will recess from 12:30 p.m. until Committee on Health, Education, Labor, and Pensions: July 2:15 p.m., for their respective party conferences.) 13, to resume hearings on proposed legislation author- Senate Committees izing funds for programs of the Elementary and Secondary Education Act, focusing on drug free schools, 9:30 a.m., (Committee meetings are open unless otherwise indicated) SD–430. Committee on Appropriations: July 14, Subcommittee on July 14, Subcommittee on Children and Families, to Defense, to hold hearings on forward operating locations hold oversight hearings on the implementation Family for counterdrug operations, 10 a.m., SD–192. Medical Leave Act, 9:30 a.m., SD–430. July 14, Subcommittee on Agriculture, Rural Develop- Committee on Indian Affairs: July 14, with the Com- ment, and Related Agencies, to hold hearings on health mittee on Energy and Natural Resources, to hold joint care cost issues affecting rural hospitals, 10 a.m., oversight hearings on the General Accounting Office re- SD–138. port on Interior Department’s trust funds reform, 9:30 Committee on Banking, Housing, and Urban Affairs: July a.m., SH–216. 15, Subcommittee on International Trade and Finance, Select Committee on Intelligence: July 14, closed business with the Subcommittee on Economic Policy, to hold joint meeting; to be followed by a closed hearing on pending hearings on the official dollarization in Latin America, intelligence matters, 2 p.m., SH–219. 9:30 a.m., SD–538. Committee on the Judiciary: July 13, to hold hearings on July 15, Subcommittee on Economic Policy, with the pending nominations, 2 p.m., SD–628. Subcommittee on International Trade and Finance, to July 14, Full Committee, to hold hearings to examine hold joint hearings on the official dollarization in Latin competition and consumer choice in high-speed internet America, 9:30 a.m., SD–538. services and technologies, 10 a.m., SD–628. Committee on Commerce, Science, and Transportation: July July 15, Full Committee, business meeting to consider 15, business meeting to consider proposed legislation au- pending calendar business, 10 a.m., SD–628. thorizing expenditures by the committee; to be followed July 16, Subcommittee on Administrative Oversight by hearings on proposed legislation authorizing funds for and the Courts, to hold hearings on S. 253, to provide the National Transportation Safety Board, 9:30 a.m., for the reorganization of the Ninth Circuit Court of Ap- SR–253. peals; and review the report by the Commission on Struc- Committee on Energy and Natural Resources: July 13, Sub- tural Alternatives for the Federal Courts of Appeals re- committee on Forests and Public Land Management, to garding the Ninth Circuit, 10 a.m., SD–628. hold hearings on S. 1330, to give the city of Mesquite, Committee on Small Business: July 15, business meeting Nevada, the right to purchase at fair market value certain to consider pending calendar business, 9 a.m., SR–428A. parcels of public land in the city; and S. 1329, to direct Special Committee on the Year 2000 Technology Problem: the Secretary of the Interior to convey certain land to Nye July 15, to hold hearings on state and local preparedness County, Nevada, 2:30 p.m., SD–366. for year 2000, 9 a.m., SD–192. July 14, Full Committee, with the Committee on In- dian Affairs, to hold joint oversight hearings on the Gen- House Chamber eral Accounting Office report on Interior Department’s Tuesday, Consideration of 2 Suspensions: (1) H.R. trust funds reform, 9:30 a.m., SH–216. 916, Technical Amendments to Section 10 of Title July 15, Full Committee, to resume hearings on S. 161, to provide for a transition to market-based rates for 9, United States Code; and (2) H. Res. 241—Con- power sold by the Federal Power Marketing Administra- gratulating the United States Women’s Soccer Team; tions and the Tennessee Valley Authority; S. 282, to pro- Consideration of H.R. 2465, Military Construc- vide that no electric utility shall be required to enter into tion Appropriations Act, 2000 (open rule, one hour a new contract or obligation to purchase or to sell elec- of general debate); D786 CONGRESSIONAL RECORD — DAILY DIGEST July 12, 1999 Consideration of H.R. 2466, Department of the July 14, Subcommittee on Oversight and Investiga- Interior and Related Agencies Appropriations Act, tions, hearing on How Healthy Are the Government’s 2000 (open rule, one hour of general debate); Medicare Fraud Fighters? 10 a.m., 2322 Rayburn. Wednesday and the balance of the week, Consideration July 14, Subcommittee on Telecommunications, to of H.R. , Treasury and General Government Ap- mark up H.R. 2384, Corporation for Public Broadcasting Authorization Act of 1999, 10 a.m., 2123 Rayburn. propriations Act, 2000 (Subject to a Rule); July 15, Subcommittee on Energy and Power, to con- Consideration of H.R. 1691, Religious Liberty tinue hearings on Electricity Competition, 9:30 a.m., Protection Act of 1999 (Subject to a Rule); 2123 Rayburn. Consideration of H.R. 2415, to enhance security July 15, Subcommittee on Health and Environment, at U.S. Missions and Personnel Overseas and author- hearing on the Medical Information Protection and Re- ize Appropriations for the Department of State for search Enhancement Act of 1999, 10 a.m., 2322 Ray- Fiscal Year 2000 (Subject to a Rule); and burn. Consideration of H.R. 434, African Growth and Committee on Education and the Workforce, July 13, hear- Opportunity Act (Subject to a Rule). ing on Comprehensive School Reform: Current Status and Issues, 1:30 p.m., 2175 Rayburn. House Committees July 14, to mark up H.R. 1102, Comprehensive Re- tirement Security and Pension Reform Act, 10:30 a.m., Committee on Agriculture, July 15, Subcommittee on De- 2175 Rayburn. partment Operations, Oversight, Nutrition, and Forestry, Committee on Government Reform, July 13, Subcommittee hearing on the following: H.R. 2389, County Schools on Criminal Justice, Drug Policy, and Human Resources, Funding Revitalization Act of 1999; and a legislative al- hearing on Decriminalization of Illegal Drugs, 10 a.m., ternative submitted to Congress by the U.S. Forest Serv- 2154 Rayburn. ice, 10 a.m., 1300 Longworth. July 15, full Committee, to continue hearings on Re- Committee on Appropriations, July 13, to mark up a taliation at the Departments of Defense and Energy: Do measure making appropriations for the Treasury Depart- Advocates of Tighter Security for U.S. Technology Face ment, the United States Postal Service, the Executive of- Intimidation? Part II, 9:30 a.m., 2154 Rayburn. fice of the President, and certain Independent Agencies, July 15, Subcommittee on Government Management, for the fiscal year ending September 30, 2000, 9:30 a.m., Information, and Technology, hearing on H.R. 88, to 2359 Rayburn. amend the Treasury and General Government Appropria- July 14, Subcommittee on Foreign Operations, Export tions Act, 1999, to repeal the requirement regarding data Financing and Related Programs, to mark up appropria- produced under Federal grants and agreements awarded to tions for fiscal year 2000, 10 a.m., H–140 Capitol. July 14, Subcommittee on the District of Columbia, to institutions of higher education, hospitals, and other non- mark up appropriations for fiscal year 2000, 4 p.m., profit organizations, 9:30 a.m., 2154 Rayburn. H–144 Capitol. July 15, Subcommittee on National Economic Growth, July 15, Subcommittee on Energy and Water Develop- Natural Resources and Regulatory Affairs, hearing on ment, to mark up appropriations for fiscal year 2000, 9 Credit for Early Action: Win-Win or Kyoto Through the a.m., 2362 Rayburn. Front Door, 2:30 p.m., 2154 Rayburn. Committee on Armed Services, July 13, hearing on H.R. Committee on House Administration, July 13, to continue 850, Security and Freedom through Encryption (SAFE) hearings on Campaign Reform, 2 p.m., 1310 Longworth. Act, 10:30 a.m., 2118 Rayburn. Committee on International Relations, July 13, to mark up July 14, hearing on Department of Energy reorganiza- H.R. 850, Security and Freedom through Encryption tion, 10 a.m., 2118 Rayburn. (SAFE) Act, 11:30 a.m., 2172 Rayburn. Committee on Banking and Financial Services, July 14, July 14, hearing on the Treatment of Israel by the Subcommittee on Housing and Community Opportunity, United Nations, 10 a.m., 2172 Rayburn. hearing on the Aging Crisis and H.R. 202, Preserving Committee on the Judiciary, July 15, Subcommittee on Affordable Housing for Senior Citizens into the 21st Cen- Courts and Intellectual Property, to mark up the fol- tury Act, 2:30 p.m., 2128 Rayburn. lowing bills: H.R. 1752, Federal Courts Improvement Committee on the Budget, July 13, Social Security Task Act; and H.R. 2112, Multidistrict, Multiparty, Force, hearing on the Costs of Transitioning to Solvency, Multiforum Jurisdiction Act of 1999, 10 a.m., 2226 Ray- 10 a.m., 210 Cannon. burn. Committee on Commerce, July 13, Subcommittee on En- July 15, Subcommittee on Crime, oversight hearing on ergy and Power and the Subcommittee on Energy and the Shoot Down of the ‘‘Brothers to the Rescue’’ Planes, Environment of the Committee on Science, joint hearing 10 a.m., 2141 Rayburn. on Restructuring the Department of Energy, 10 a.m., July 15, Subcommittee on Immigration and Claims, to 2123 Rayburn. mark up H.R. 238, to amend section 274 of the Immi- July 13, Subcommittee on Telecommunications, Trade, gration and Nationality Act to impose mandatory min- and Consumer Protection, hearing on Electronic Com- imum sentences, and increase certain sentences, for bring- merce: The Current Status of Privacy Protections for On- ing in and harboring certain aliens and to amend title 18, line Consumers, 10 a.m., 2322 Rayburn. United States Code, to provide enhanced penalties for July 12, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D787 persons committing such offenses while armed, 1 p.m., July 14, to consider the following: a measure making 2220 Rayburn. appropriations for the Treasury Department, the United Committee on Resources, July 13, oversight hearing on up- States Postal Service, the Executive Office of the Presi- coming meeting on the Convention on International dent, and certain Independent Agencies, for the fiscal year Trade in Endangered Species of Wild Fauna and Flora, 2 ending September 30, 2000; H.R. 2415, American Em- p.m., 1324 Longworth. bassy Security Act of 1999; and H.R. 434, African July 13, Subcommittee on Forests and Forest Health, Growth and Opportunity Act, 1 p.m., H–313 Capitol. hearing on the following bills: H.R. 1185, Timber-De- July 15, Subcommittee on Rules and Organization of pendent Counties Stabilization Act of 1999; and H.R. the House, hearing on Cooperation, Comity, and Con- 2389, County Schools Funding Revitalization Act of frontation: Congressional Oversight of the Executive 1999, 2 p.m., 1334 Longworth. Branch, 10 a.m., H–313 Capitol. July 13, Subcommittee on National Parks and Public July 16, full Committee, hearing on Legislating in the Lands, hearing on the following bills: H.R. 20, Upper Information Age, 11 a.m., H–313 Capitol. Delaware Scenic and Recreational River Mongaup Visitor Committee on Science, July 13, Subcommittee on Space Center Act of 1999; H.R. 748, to amend the Act that and Aeronautics, hearing on the Iran Nonproliferation established the Keweenaw National Historical Park to re- Act, 2 p.m., 2318 Rayburn. quire the Secretary of the Interior to consider nominees July 14, Subcommittee on Basic Research, hearing on of various local interests in appointing members of the the Networking and Information Technology Research Keweenaw National Historical Parks Advisory Commis- and Development Act, 2 p.m., 2318 Rayburn. sion; H.R. 1695, Ivanpah Valley Airport Public Lands Committee on Transportation and Infrastructure, July 13, Transfer Act; and H.R. 1725, Miwaleta Park Expansion Subcommittee on Water Resources and Environment, Act, 10 a.m., 1334 Longworth. hearing on Estuaries and Coastal Water Quality, 1 p.m., July 15, Subcommittee on Fisheries Conservation, 2167 Rayburn. Wildlife and Oceans, oversight hearing on Yellowfin Committee on Veterans’ Affairs, July 15, to mark up H.R. Tuna, 10 a.m., 1334 Longworth. 2116, Veterans’ Millennium Health Care Act, 1 p.m., July 15, Subcommittee on National Parks and Public 334 Cannon. Lands, to mark up the following bills: H.R. 940, Lacka- July 15, Subcommittee on Health, hearing on VA’s ex- wanna Valley Heritage Act of 1999; H.R. 1165, Black perience in implementing patient enrollment under P.L. Canyon National Park and Gunnison Gorge National 104–262, 9:30 a.m., 334 Cannon. Conservation Area Act of 1999; H.R. 1619, Quinebaug Committee on Ways and Means, July 13 and 14, to mark and Shetucket Rivers Valley National Heritage Corridor up the Financial Freedom Act of 1999, 6 p.m., on July Reauthorization Act of 1999; H.R. 2435, to expand the 13 and 10 a.m., on July 14, 1100 Longworth. boundaries of the Gettysburg National Military Park to Permanent Select Committee on Intelligence, July 13, execu- include the Wills House; and H.R. 2438, Gettysburg tive, briefing on Encryption, 2 p.m., H–405 Capitol. Preservation Act, 10 a.m., 1324 Longworth. July 14, hearing on Encryption, 10 a.m., 2212 Ray- Committee on Rules, July 13, to consider H.R. 1691, Re- burn. ligious Liberty Protection Act of 1999, 1 p.m., H–313 July 15, executive, to mark up an Encryption measure, Capitol. 2 p.m., H–405 Capitol. D788 CONGRESSIONAL RECORD — DAILY DIGEST July 12, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, July 13 9 a.m., Tuesday, July 13

Senate Chamber House Chamber Program for Tuesday: After the recognition of two Sen- Program for Tuesday: Consideration of 2 Suspensions: ators for speeches and the transaction of any morning (1) H.R. 916, Technical Amendments to Section 10 of business (not to extend beyond 10 a.m.), Senate will con- Title 9, United States Code; and tinue consideration of S. 1344, Patients’ Bill of Rights (2) H. Res. 241—Congratulating the United States Act. Women’s Soccer Team; At 2:15 p.m., Senator Smith (N.H.) will be recognized Consideration of H.R. 2465, Military Construction Ap- for a point of personal privilege. (Senate will recess from propriations Act, 2000 (open rule, 1 hour of general de- 12:30 p.m. until 2:15 p.m. for their respective party con- bate); and ferences.) Consideration of H.R. 2466, Department of the Inte- rior and Related Agencies Appropriations Act, 2000 (open rule, 1 hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Green, Gene, Tex., E1514 Maloney, Carolyn B., N.Y., E1511 Hill, Baron P., Ind., E1512 Meek, Carrie P., Fla., E1513, E1514 Bass, Charles F., N.H., E1511 Hulshof, Kenny C., Mo., E1512 Minge, David, Minn., E1510 Bereuter, Doug, Nebr., E1513 Inslee, Jay, Wash., E1512 Quinn, Jack, N.Y., E1516 Brown, Sherrod, Ohio, E1513 Jackson-Lee, Sheila, Tex., E1515, E1517 Skelton, Ike, Mo., E1515, E1516 Cramer, Robert E. (Bud), Jr., Ala., E1512 Lee, Barbara, Calif., E1509, E1510, E1511 Stabenow, Debbie, Mich., E1510, E1511 Dingell, John D., Mich., E1514 McCarthy, Carolyn, N.Y., E1514 Stump, Bob, Ariz., E1516 Duncan, John J., Jr., Tenn., E1509 McInnis, Scott, Colo., E1510, E1511, E1512, E1513, Franks, Bob, N.J., E1509 E1514, E1516, E1518

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